PSEUDO-MARTYR. Wherein OUT OF CERTAIN Propositions and Gradations, This Conclusion is evicted. THAT THOSE WHICH ARE of the Roman Religion in this Kingdom, may and aught to take the Oath of Allegiance. DEUT. 32.15. But he that should have been upright, when he waxed fat, spurned with his heel: Thou art fat, thou art gross, thou art laden with fatness. JOB. 11.5. But oh that God would speak and open his lips against thee, that he might show thee the secrets of wisdom, how thou hast deserved double according to right. 2. CHRO. 28.22. In the time of his tribulation, did he yet trespass more against the Lord, for he sacrificed unto the ●ods of Damascus, which plagued him. LONDON Printed by W. Stansby for Walter Burr. 1610. TO THE HIGH AND Mighty Prince JAMES, by the Grace of God, King of Great Britain, France and Ireland, defender of the FAITH. Most mighty and sacred Sovereign. AS Temporal armies consist of Pressed men, and voluntaries, so do they also in this warfare, in which your Majesty hath appeared by your Books. And not only your strong and full Garrisons, which are your Clergy, and your Universities, but also obscure Villages can minister Soldiers. For, the equal interest, which all your Subjects have in the cause (all being equally endangered in your dangers) gives every one of us a Title to the Dignity of this warfare; And so makes tho●e, whom the Civil Laws made opposite, all one, Paganos, Milites. Besides, since in this Battle, your Majesty, by your Books, is gone in Person out of the Kingdom, who can be exempt from waiting upon you in such an expedition? For this Oath must work upon us all; and as it must draw from the Papists a profession, so it must from us, a Confirmation of our Obedience; They must testify an Allegiance by the Oath, we, an Allegiance to it. For, since in providing for your majesties security, the Oath defends us, it is reason, that we defend it. The strongest Castle that is, cannot defend the Inhabitants, if they sleep, or neglect the defence of that, which defends them; No more can this Oath, though framed withal advantageous Christianly wisdom, secure your Majesty, and us in you, if by our negligence we should open it, either to the adversaries Batteries, or to his underminings. The influence of those your majesties Books, as the Sun, which penetrates all corners, hath wrought upon me, and drawn up, and exhaled from my poor Meditations, these discourses: Which, with all reverence and devotion, I present to your Majesty, who in this also have the power and office of the Sun, that those things which you exhale, you may at your pleasure dissipate, and annul; or suffer them to fall down again, as a wholesome and fruitful dew, upon your Church & Commonwealth. Of my boldness in this address, I most humbly beseech your Majesty, to admit this excuse, that having observed, how much your Majesty had vouchsafed to descend to a conversation with your Subjects, by way of your Books, I also conceived an ambition, of ascending to your presence, by the same way, and of participating, by this means, their happiness, of whom, that saying of the Queen of Sheba, may be usurped: Happy are thy men, and happy are those thy Servants, which stand before thee always, and hear thy wisdoms For, in this, I make account, that I have performed a duty, by expressing in an exterior, and (by your majesties permission) a public Act, the same desire, which God hears in my daily prayers, That your Majesty may very long govern us in your Person, and ever, in your Race and Progeny. Your majesties most humble and loyal Subject: JOHN DONNE. A TABLE OF THE CHAPTERS handled in this Book. CHAP. I. OF martyrdom and the dignity thereof. CHAP. II. That there may be an inordinate and corrupt affectation of martyrdom. CHAP. III. That the Roman Religion doth by many erroneous doctrines mis-encourage and excite men to this vicious affectation of danger: first by inciting secular Magistracy: Secondly by extolling the value of Merits, and of this work in special, by which the treasure of the Church is so much advanced: And lastly, by the doctrine of Purgatory, which by this act is said certainly to be escaped. CHAP. FOUR That in the Roman Church the jesuits exceed all others, in their Constitutions and practice, in all those points, which beget or cherish this corrupt desire of false-Martyrdome. CHAP. V. That the Missions of the Pope, under Obedience whereof they pretend that they come into this Kingdom, can be no warrant, since there are laws established to the contrary, to give them, or those which harbour them, the comfort of martyrdom. CHAP. VI A Comparison of the Obedience due to Princes, with the several Obediences required and exhibited in the Roman Church: First, of that blind Obedience and stupidity, which Regular men vow to their Superiors: Secondly, of that usurped Obedience to which they pretend by reason of o●r Baptism, wherein we are said to have made an implicit surrender of ourselves, and all that we have, to the church: and thirdly, of that obedience, which the jesuits by a fourth Supernumerary vow make to be disposed at the Pope's absolute will. CHAP. VII. That if the mere execution of the function of Priests in this Kingdom, and of giving to the Catholics in this land, spiritual sustentation, did assure their consciences, that to die for that were martyrdom: yet the refusal of the Oath of Allegiance doth corrupt and vitiate the integrity of the whole act, and despoil them of their former interest and Title to martyrdom. CHAP. VIII. That there hath been as yet no fundamental and safe ground given, upon which those which have the faculties to hear Confessions, should inform their own Consciences, or instruct their Penitents: that they are bound to adventure the heavy and capital penalties of this law, for refusal of this Oath. And that if any man have received a scruple against this Oath, which he cannot depose and cast off, the Rules of their own Casuists, as this case stands, incline, and warrant them, to the taking thereof. CHAP. IX. That the authority which is imagined to be in the Pope, as he is spiritual Prince of the monarchy of the Church, cannot lay this Obligation upon their Consciences: First because the Doctrine itself is not certain, nor presented as matter of faith: Secondly because the way by which it is conveyed to them, is suspicious and dangerous, being but by Cardinal Bellarmine, who is various in himself, and reproved by other Catholics of equal dignity, and estimation. CHAP. X. That the Canons can give them no warrant, to adventure these dangers, for this refusal: And that the Reverend name of Canons, is falsely and cautelously insinuated, and stolen upon the whole body of the Canon law, with a brief Consideration upon all the books thereof: and a particular survey, of all those Canons, which are ordinarily cited by those Authors, which maint●ine this temporal jurisdiction in the Pope. CHAP. XI. That the two Breves of Paulus the fifth, cannot give this assurance to this Conscience; First, for the general infirmities, to which all Rescripts of Popes are obnoxious: And then for certain insufficiencies in these. CHAP. XII. That nothing required in this Oath, violates the Pope's spiritual jurisdiction; And that the clauses of swearing that Doctrine to be Heretical, is no usurping upon his spiritual right, either by prejudicating his future definition, or offending any former Decree. CHAP. XIII. That all which his Majesty requires by this Oath, is exhibited to the Kings of France, And not by virtue of any Indult, or Concordate, but by the inhaerent right of the Crown. CHAP. XIIII. Lastly, That no pretence, either of Conversion at first, Assistance in the Conquest, or Acceptation of any Surrender from any of our Kings, can give the Pope any more right over the Kingdom of England, then over any other free State whatsoever. AN ADVERTISEMENT TO the Reader. THough I purposed not to speak any thing to the Reader, otherwise then by way of Epilogue in the end of the Book, both because I esteemed that to be the fittest place, to give my Reasons, why I respited the handling of the two last Chapters, till another time, and also, because I thought not that any man might well and properly be called a Reader, till he were come to the end of the Book: yet, because both he, and I, may suffer some disadvantages, if he should not be fore-possessed, and warned in some things, I have changed my purpose in that point. For his own good therefore (in which I am also interessed) I must first entreat him, that he will be pleased, before he read, to amend with his pen, some of the most important errors, which are hereafter noted to have passed in the printing. Because in the Reading, he will not perchance suspect nor spy them, and so he may run a danger, of being either deceived, or scandalised. And for myself, (because I have already received some light, that some of the Roman profession, having only seen the Heads and Grounds handled in this Book, have traduced me, as an impious and profane under-valewer of martyrdom,) I most humbly beseech him, (till the reading of the Book, may guide his Reason) to believe, that I have a just and Christianly estimation, and reverence, of that devout and acceptable Sacrifice of our lives, for the glory of our blessed Saviour. For, as my fortune hath never been so flattering nor abundant, as should make this present life sweet and precious to me, as I am a Moral man: so, as I am a Christian, I have been ever kept awake in a meditation of martyrdom, by being derived from such a stock and race, as, I believe, no family, (which is not of far larger extent, and greater branches,) hath endured and suffered more in their persons and fortunes, for obeying the Teachers of Roman Doctrine, than it hath done. I did not therefore enter into this, as a carnal or over-indulgent favourer of this life, but out of such reasons, as may arise to his knowledge, who shall be pleased to read the whole work. In which, I have abstained from handling the two last Chapters upon divers reasons; whereof one is, that these Heads having been carried about, many months, and thereby quarreled by some, and desired by others, I was willing to give the Book a hasty dispatch, that it might cost no man much time, either in expecting before it came, or in reading, when it was come. But a more principal reason was, that since the two last Chapters depend upon one another, and have a mutual Relation, I was not willing to undertake one, till I might persevere through both. And from the last chapter it became me to abstain, till I might understand their purposes, who were formerly engaged in the same business. For the first Discovery gives some title to the place, and secludes others, without the Discoverers permission; And in men tender and jealous of their Honour, it is sometimes accounted as much injury to assist, as to assault. When therefore I considered, that the most Reverend and learned Sir Edward Coke, Lord chief justice of the common Pleas (whom, they which are too narrow to comprehend him, may find arguments enough to love, and admire, out of the measure and proportion of his malice who hath written against him, (since we ought to love h●m so much, as such men hate him) had in this point of jurisdiction, laid so solid foundations, raised so strong walls, & perfected his house upon so sure a Rock, as the laws of this Kingdom are. And when I saw, that as the devil himself is busiest to attempt them, who abound in strength of Grace, (not forbearing our Saviour himself) so an ordinary Instrument of his, (whose continual libels, and Incitatorie books, have occasioned more afflictions, and drawn more of that blood, which they call Catholic, in this Kingdom, than all our Acts of Parliament have done,) had oppugned his Lordship's Book, and iterated and inconculcated those his oppositions, I could not know whether his Lordship reserved any farther consideration of that matter to his own leisures, or had honoured any other man, with his commandment, or allowance to pursue it. Till therefore I might know, whether any such were embarked therein, as would either accept my Notes, and dignify them with their style, or submit their Notes to my method, and the poor apparel of my language, or undertake it entirely, or quit it absolutely, as a body perfect already, by that form which his Lordship hath given it, I chose to forbear the handling thereof at this time. One thing more I was willing the Reader should be forewarned of; which is, that when he finds in the printing of this Book oftentimes a change of the Character, he must not think that all those words or sentences so distinguished, are cited from other Authors; for I have done it sometimes, only to draw his eye, and understanding more intensely upon that place, and so make deeper impressions thereof. And in those places which are cited from other Authors (which he shall know by the Margin) I do not always precisely and superstitiously bind myself to the words of the Authors; which was impossible to me, both because sometimes I collect their sense, and express their Arguments or their opinions, and the Resultance of a whole leaf, in two or three lines, and some few times, I cite some of their Catholic Authors, out of their own fellows, who had used the same fashion of collecting their sense, without precise binding themselves to All, or only their words. This is the comfort which my conscience hath, and the assurance which I can give the Reader, that I have nowhere made any Author, speak more or less, in sense, than he intended, to that purpose, for which I cite him. If any of their own fellows from whom I cite them, have dealt otherwise, I cannot be wounded but through their sides. So that I hope either mine Innocence, or their own fellows guiltiness, shall defend me, from the curious malice of those men, who in this sickly decay, and declining of their cause, can spy out falsifyings in every citation: as in a jealous, and obnoxious state, a Decipherer can pick out Plots, and Treason, in any familiar letter which is intercepted. And thus much it seemed necessary to me, to let the Reader know, to whose charitable and favourable opinions I commit the book, and myself to his Christianly and devout Prayers. Those literal and punctual Errors, which do not much endanger the sense, I have left to the discretion and favour of the Reader, as he shall meet with them. The rest he may be pleased to mend thus. In the Preface, §. 24. For Sacerdotes non●ntes. Read Sacerdoturientes. Pa. Li. Faults. Correct. 3 1 During. Daring. 14 14 Inciting. Auiling. 15 ult. Princess. Prince 18 14. To proceed. So proceeds 29 ult. Church's church. 30 11 Establing. Establishing. 38 28 Genuit Gemunt. 41 8 Vestram Nostram 45 21 I●. T● Ibid. 26 Princes. Prince 47 14 calls call 57 2 Emperors. Emperor. 58 22 Profession possession 66 10 Now here. No where. Ibid. 16 Writ. Writs. 68 7 Went. Meant Ibid. 18 Ingenious Ingenuous. 70 20 The Then 71 ult. After And● add As. 72 9 Privatur. privetur 73 1 End Ends 74 15 Other Others 75 3 Entitled. Instituted 80 ult. Exemply Exemplify. 100 26 Ariseth. Arise● 102 4 After A●e, out out So 107 26 After which, add That Ibid. ult. Heaved. Heard. 113 25 Not. Now. 152 7 Enlaline. E●lalias 157 28 Your. The. Pa. Li. Faults. Correct. 169 26 After As put out At 170 18 Thereof for Therefore 172 5 Conduced Conducted 175 20 Words Word 179 8 Chapels. Chapel 193 1 After Are add Not 195 9 Your The 212 26 Wain Waive 218 7 Extend the Sect. 37. one line into the §. 38 225 19 Your The 228 22 After Oath ●dde Be 229 21 Belong Belongd 233 8 Gave Give. 240 11 To obey To obey ●44 14 The This 265 25 After And add Not 274 8 Re-enuersing renuersing. 275 8 That It Ibid. 14 After B●t add the panegyric 276 5 Heads Beards 277 6 Hyol Holy 278 17 Fall Fallen 280 13 Certainty (Certainly) 297 21 After Allege add This 304 27 Name Nature 305 5 Receive Relieve 313 20 God The good. 322 2 There This 324 25 Since Sin 378 21 A● Us 379 11 Dominium. Domicilium Those Faults which are in the Margin by placing the Citations higher or lower, I must leave to the Readers discretion, the rest he may mend thus. PReface §. 8. Pilireade Poli. Fol. 7. lin. 28. add Homil. de David & Saul. ibid. 24. add Mar. 10.29. fol. 9 lin. 7. for Ravolta read Raccolta. fol. ●7. lin. 27. for Poss●re. read Possessor. fol. 31. lin. 11. for Hu. read Offi. fol. 40. lin. 5. add 1. Sam. 24.15. fol. 309. lin. 3. add De potest. Eccles. §. 6 Nn. 2. A PREFACE TO The PRIESTS, and JESVITS, and to their Disciples in this KINGDOM. I Am so well acquainted with the phrases of Diminution and Disparagement, and other personal aspersions, which your writers cast, and imprint upon such of your own side, as depart from their opinions in the least dram or scruple; as I cannot hope that any of them will spare me, who am further removed from them: For since Cassander, whom the two Emperour● Ferdinand and Maximilian consulted, and called to them; not in any schism between the Emperors and Popes, about temporal jurisdiction: in which quarrel, whensoever it happened, the emperors cause was ever sustained by as learned, and as Religious, and as many men, as the Popes, but in matters of Doctrine, and for a way of Reformation, when the Popes themselves confessed, that the Church was in extreme need thereof: P.R. Trea●. of Mitiga. ●. 6. n. 67. Since he (I say) is called by one of them but a Grammarian (to which honour, if he, which calls him so in scorn, had been arrived, he would never have translated vindiciae contra Tyrannos, revenge upon Tyrants, since vindiciae signifies a Decree or Order of the judge, in a cause of Bondage and Liberty depending before him, by which it is ordered, that the party whose condition is in question, shall remain either free or bond, till the matter be heard without any prejudice, if it fall out otherwise upon the hearing:) And since of Caietane (when he differs from them in the point of the Canon of scriptures) they say, Idem. c. 1. n. 11 &. c. 5. n. 30. That though he were well seen in Scholastic subtleties, Gretz. Append 1. ad l. ●. Bellar. § Idem dictum yet he was not so in the Fathers: though in that very matter the same Author confess, that a Defence. Bella● l. 1. c. 7. Quare. cajetan followed Saint Hieromes footsteps: b Ibi. l. 2. c. 14. § Quod Whitak. since (because he denies marriage to be proved a Sacrament out of one place of Saint Paul) they say that he fell into grievous errors in both Testaments, Hebraizando and Erasmizando: Since, when he distastes the coarseness of the vulgar edition, Gretz. Tractat. de no. Translat. §. Ait. Sixtus. they say, that in three or four pages of his Psalter, there are more barbarisms and Solaecismes then in the whole vulgar Bible: Since Erasmus (following the opinion of Driedo and other Catholics, and so denying some part of Daniel to be Canonical) is called by Bellarmine a Halfe-Christian, De verbo. Dei l. 1. c. 9 these men will certainly be more rigid and severe upon me. 2 And if they will be content to impute to me all human infirmities, they shall need to feign nothing: I am, I confess, obnoxious enough. My natural impatience not to dig painfully in deep, and stony, and sullen learn: My Indulgence to my freedom and liberty, as in all other indifferent things, so in my studies also, not to betrothe or enthral myself, to any one science, which should possess or denominate me: My easiness, to afford a sweet and gentle Interpretation, to all professors of Christian Religion, if they shake not the Foundation, wherein I have in my ordinary Communication and familiar writings, often expressed and declared myself: hath opened me enough to their malice, and put me into their danger, and given them advantage to impute to me, whatsoever such degrees of laziness, of liberty, of irresolution, can produce. 3 But if either they will transfer my personal weaknesses upon the cause, or extend the faults of my person to my mind, or to her purest part, my conscience: If they will calumniate this poor and innocent work of mine, as if it were written, either for Ostentation of any ability or faculty in myself; or for Provocation, to draw them to an answer, and so continue a Booke-warre; or for Flattery to the present State; which, though my services be by many just titles due to it, needs it not; or for exasperation, to draw out the civil sword in causes, which have some pretence and colour of being spiritual; or to get Occasion hereby to uncover the nakedness, and lay open the incommodious and undefensible sentences and opinions, of divers several Authors in that Church; or to maintain and further a schism and division amongst you, in this point of the Pope's pretence to temporal jurisdiction: I have no other shelter against these imputations, but an appeal to our blessed Saviour, and a protestation before his face, that my principal and direct scope and purpose herein, is the unity and peace of his Church. For as when the roof of the Temple rend asunder, not long after followed the ruin of the foundation itself: So if these two principal beams and Toppe-rafters, the Prince and the Priest, rend asunder, the whole frame and Foundation of Christian Religion will be shaked. And if we distinguish not between Articles of faith & jurisdiction, but account all those superedifications and furnitures, and ornaments which God hath afforded to his Church, for exterior government, to be equally the Foundation itself, there can be no Church; as there could be no body of a man, if it were all eye. 4 They who have descended so low, as to take knowledge of me, and to admit me into their consideration, know well that I used no inordinate haste, nor precipitation in binding my conscience to any local Religion. I had a longer work to do then many other men; for I was first to blot out, certain impressions of the Roman religion, and to wrestle both against the examples and against the reasons, by which some hold was taken; and some anticipations early laid upon my conscience, both by Persons who by nature had a power and superiority over my will, and others who by their learning and good life, seemed to me justly to claim an interest for the guiding, and rectifying of mine understanding in these matters. And although I apprehended well enough, that this irresolution not only retarded my fortune, but also bred some scandal, and endangered my spiritual re●putation, by laying me open to many misinterpretations; yet all these respects did not transport me to any violent and sudden determination, till I had, to the measure of my poor wit and judgement, surveyed and digested the whole body of Divinity, controverted between ours and the Roman Church. In which search and disquisition, that God, which awakened me then, and hath never forsaken me in that industry, as he is the Author of that purpose, so is he a witness of this protestation; that I behaved myself, and proceeded therein with humility, and diffidence in myself; and by that, which by his grace, I took to be the ordinary means, which is frequent praiere and equal and indifferent affections. 5 And this course held in rectifying and reducing mine understanding and judgement, might justify & excuse my forwardness; if I should seem to any to have intruded and usurped the office of others, in writing of Divinity and spiritual points, having no ordinary calling to that function. For, to have always abstained from this declaration of myself, had been to betray, and to abandon, and prostitute my good name to their misconceiving and imputations; who think presently, that he hath no Religion, which dares not call his Religion by some newer name then Christian. And then, for my writing in Divinity, though no professed Divine; all Ages, all Nations, all Religions, even yours, which is the most covetous and loathest to divide, or communicate with the Laity, any of the honours reserved to the Clergy, afford me abundantly examples, and authorities for such an undertaking. 6 But for this poor work of mine, I need no such Advocates, nor Apologizers; for it is not of Divinity, but merely of temporal matters, that I write. And you may as justly accuse Vitr●uius, who writ of the fashion of building Churches, or those Authors which have written of the nature of Bees and use of Wax, or of Painting, or of Music, to have usurped upon the office of Divines, and to have written of Divinity, because all these are ingredients into your propitiatory medicine, the Mass, and conduce to spiritual and divine worship: as you may impute to any, which writes of civil obedience to the Prince, that he meddles with Divinity: not that this obedience is not safely grounded in Divinity, or that it is not an act of Religion, but that it is so well engraved in our hearts, and naturally obvious to every understanding, that men of all conditions have a sense and apprehension, and assuredness of that obligation. 7 The cause therefore is reduced to a narrow issue, and contracted to a strict point, when the differences between us are brought to this; Whether a Subject may not obey his Prince, if the Turk or any other man forbid it? And as his Majesty in his Kingdoms, is Religiously and prudently watchful, to preserve that Crown, which his Predecessors had redeemed from the rust, and dross, wherewith foreign usurpation had infected it; so is it easy to be observed, that all the other Princes of Christendom, begin to shake off those fetters, which insensibly and drowsily they had admitted; and labour by all ways, which are as yet possible to them, to return to their natural Supremacy and jurisdiction: which besides many other pregnant evidences, appears by Ba●ronius his often complaining thereof; both in his Annals, when he says, To. 11. That the Princes of this age do exercise so much jurisdiction over the Clergy, that the Church suffers some scandal thereby: And in his Apology of his own writings, Resp. Apolog. cont. Car. Col. Nu. 31. against the Cardinal Columna, where he notes, That the Cardinals deputed for the hearing of those causes at Rome, are tired and oppressed in these later times, with the Messengers and Appeals of Bishops, which in every Country complain, how much the secular Princes injure them. And this must of necessity be understood of Countries, which profess the Roman Religion, because such as are Apostoliquely reform, or are in that way, have shut up all ways of Appellations to Rome, or remedies from thence. 8 And not to speak of the Kingdom of France at this time, because I have seposed and destined a particular Chapter for that consideration, nor of the fresh History of the Venetians, maintaining their just Laws for this temporal jurisdiction: which laws Parsons, P. R. Treat. of Mitig c. 5. n. 41. without any colour of truth, or escape from malicious and gross deceiving, says they have recalled, when as (not to affright you with any of those Authors which write on the Venetian part, In monit. pili. in fine. ) you may see an excellent relation of that negotiation, and upon what conditions the Pope withdrew his censures, in that letter of Cardinal Peron to his Master the French King, about Cardinal joyeuse his instructions, when the Pope sent him to Venice for that purpose; nor to look so far back, as to consider what the other States of Italy and of Rome itself have done herein, which, as an Author which lived in profession of that Religion, Machiavelli. Hist. Flor. l. 1. f. 34. Edit. Picen. An. 1587. informs us; durst always bravely and boldly defend itself against the Pope's usurpations, though he protested, that if they would but admit him to enter again into the town, he would deal no more with temporal matters; and this, at that time when England under Henry the second, and the remoter parts trembled at him, who trembled at his own neighbours and Subjects, as he pretended: To omit all these, the Kingdom of Spain, which they call so super-eminently Catholic; and of whose King, the Cardinal which writes against Baronius says, Card. Colum. paris. fo. 158. that he is the only Prince, who bends all the sinews of his power, and all the thoughts of his mind, not only to oppress barbarous enemies of Christianity, but to contain christian Kings in their duty: This Kingdom (I say) hath by all means, which it can, expressed how weary it is of that jurisdiction which the Pope exerciseth there, in these points which we complain of: though the Popes have ever been most ready to recompense these temporal detriments to those kings; as the Donations of the indies, and of the Kingdom of Navarre, and of England, testify at full. 9 And yet if we consider, what all sorts of persons in that Nation have done against this temporal power, we cannot doubt, but that they travail of the same child, which our Kingdom and divers others have brought forth, which is their liberty from this weakening and impoverishing thraldom. For first, for Bookmen and Writers, a great Idolater of this temporal jurisdiction in the Pope, Confesses, Rispost. d' Anto. Bovio a P. Paulonella Ravolta. ●. 196. That many of the principal Authors of the Spanish nation, concur in this opinion, that these exemptions and immunities of the Clergy, so much debated, are not juris divini. And it is easy to observe, what the Collection and resultanse upon this conclusion will be; Since, if they be enjoyed by the favour of Princes, though a conveniency, and a kind of right grounded in the law of nature, have moved Princes to grant them● yet all grants of Princes are mortal, and have a natural frailty in them, and vpo● just cause are subject to Revocation. 10 And for the Swordmen, by that hostile Act upon Rome itself, by Charles Bourbon, which was done at least by the connivency of Charles the fifth; and by that preparation made against the same place, by the express commandment of Philip the second, under the Duke of Alua's conduct, and by many other associations and Leagues against the Pope: It appears how jealous and watchful, they are upon this Temporal jurisdiction, and how they oppose themselves against any farther groweth thereof. For wh●n in the differences about the Kingdom of Portugal, the Pope made offers to Ph●lip the second, to interpose himself for the settling of all pretences to that Crown, the King, though with sweet and dilatory answers, refused that offer, because Conestaggio. l. 3. fol. 82. (says the Author of that Story) he would not by this example, acknowledge him to be the judge of Kingdoms. And after this, when the King had proceeded farther therein, and Antony was proclaimed, and that a Legate came into Spain, and offered there, in the name of the Pope, to be a judge between all pretenders, though Philip did not doubt the Legates inclination to his part, because he came into his Country to make the offer, and though he had more use of such a service then, then before, yet he abstained from using him therein, because he thought that the Pope, under colour of doing the Office of a common father, went about to make himself absolute judge of Kingdoms; and besides the extraordinary Authority, which he endeavoured to draw to his Sea, Idem. l. 6. f. 155 would oblige the Kings of Spain to his house, as the same Author expresses that King's jealousies. 11 And for the politic government of that State even in that Kingdom, which they pretend to hold of the Church, which is Sicily, they exercise a stronger jurisdiction, and more derogatory to the Pope, than this which our King claims. And though Parsons' who is no longer a subject, Answer to the Reports. c. 5. and Son of the Church of Rome, then as that Church is an enemy to England (for in the differences between her and Spain, he abandons ●er) anerre in one place, that this jurisdiction is by Indult, & Dispensation from the Pope, Bar●n. Annal. To. 11. yet a more credible man than he, and a native Subject to the King of Spain, hath utterly annuld and destroyed that opinion, that any grant or permission of the Popes, hath enabled the Kings of Spain to that Authority, which they exercise there. And he hath not only told his brother Cardinal Columna, that the matter itself, Is a point of the Catholic faith, Epist. Apolog. nu. 21. but in his Epistle to King Philip the third, he extols and magnifies that Book, in which he had delivered that Doctrine, so authentically, as if he meant to draw it into the Canon of the Scriptures: for do these words import any less? Epist. ad Philip. 3. The Book issued from the very Chair of S. Peter, by the commandment of S. Peter, and is confirmed by S. Peter, and shall without doubt endure for ever. And he adds this Commination, speaking to the King, Let them which resist these writings take heed, lest they stumble, In hanc Petram, and lest they be utterly trodden in pieces, Ab ipsa, ab alto ruente Petra. But of Baronius his detestation of Monarchy, and ill behaviour towards all Kings, as well as his own Sovereign, I have another occasion to speak. All which I purpose to evict here, was, that if Parsons have spoken so heretically, in saying, that this is done by virtue of the Pope's Indult; that remains true, which I said before, that that Kingdom of Spain, endeavours by all ways it can, to redeem itself from these usurpations, and reinuest itself in her original Supremacy. 12 For as in one of the Greek States when Nycippus sheep brought forth a Lion, Aelian l. 1. c. 29. it was justly concluded that, that portended a Tyranny, and change of the State, from a peaceable to a bloody Government: so since the Spiritual principality hath produced a Temporal, since this mild and Apostolic sheep hath brought forth this Lion, which seeks whom he may devour: as by his first jurisdiction, he would make in this Kingdom a spiritual shambles of your souls, by corrupt Doctrines: so by the latter, he labours to make a Temporal shambles and market of your bodies, by selling you for nothing, and thrusting you upon the Civil sword, Numb. 35.33. which it is a sin to sheath, when the Law commands to draw it, in so dangerous cases of polluting the Land. And though it be pretended by you, and for you; that the Popes have laid both a spiritual and temporal Obligation upon you: Because, besides their care for instructing your souls; they have also with some charge erected and endowed some Colleges for your Temporal sustentation, Aelian. l. 2. c. 17. who come into those parts: yet, as the wisemen of Persia, being set to observe the first actions of their new King Ochus, when they marked that be reachd out his hand at the Table to Bread, and to a Knife, presumed by that, that his time would be plentiful and bloody, and failed not in their conjecture: So since the Pope reaches out to you, with his small Collegiate pittance, the Doctrine of the material and temporal sword, howsoever he may seem to relieve your misery and penury, which you draw upon yourselves, yet it is accompanied with the presage of much blood, since either his purposes must be executed upon us by you, or our just Laws for prevention thereof be Executed upon you. Bosquier. Concio. Quadrag. Conci. 6. 14 One of your own Authors relates, that Anastatius a Monk, had a hundred Devils appointed to vex and tempt him for four years, and after he had overcome that trouble, and tamed them, he set them on work to build him a great Monastery, & to bring Aqueducts, and other conveniencies thereunto, for his temporal provision: so after the Pope hath passed over that little cost which he is at, to feed you a few years, you are ever after his instruments, to build up his spiritual Monarchy to the ruin of all others, and yourselves must cement and mortar the walls with your blood. 15 To let blood in some diseases, Sent. Select. ●x Corn. Celso. l. 2. n. 12. saith the eloquentest Physician, is no new thing; but that there should scarce be any disease, in which we should not let blood, is (saith he) a strange and new fashion: So to offer our lives for defence of the Catholic faith, hath ever been a religious custom; but to call every pretence of the Pope, Catholic faith, and to bleed to death for it, is a sickness and a medicine, which the Primitive Church never understood. For the implicit faith, and blind assent, which you were used heretofore to give to the spiritual supremacy, was put upon you, as Annibal, Frontinus stratagem. li. 2. c. 5. to entrap and surprise his enemies, mingled their wine with Mandrake, whose operation is betwixt sleep and poison: for though it brought you into a drowsy and stupid adoration of the Pope, & some dull lethargies & forgetfulnesses of your temporal duties, yet it was not so pestilent and contagious, but that a civil state might consist with it, though in a continual languishing and consumption. But this doctrine of temporal jurisdiction, is not only a violent and dispatching poison, but it is of the nature of those poisons, which destroy not by heat nor cold, nor corrosion, nor any other discerneable quality, but (as physicians say) out of the specific form, and secret malignity, and out of the whole substance. For as no Artist can find out, how this malignant strength grows in that poison, nor how it works, So can none of your Writers tell, how this temporal jurisdiction got into the Pope, or how he executes it, but are anguished and tortured, when they come to talk of it, as Physicians and Naturalists are, when they speak of these specific poisons, or of the cause and origen thereof, which is, Antipathy. 16 And yet we find it reported of one woman, that she had so long accustomed her body to these poisons, Forestus de venenis. observe 1. Scholar by making them her ordinary food, that she had brought herself, and her whole complexion and constitution, to be of the same power as the poison was, and yet retained so much beauty, as she allurd Kings to her embracement, and killed and poisoned them by that means: So hath the Roman faith been for many years, so fed and pampered with this venomous doctrine of temporal jurisdiction, that it is grown to some few of them to be matter of faith itself; and she is able to draw and hold some Princes to her love, because for all this infection, she retains some colour and probability of being the same she was. Lib. 1. c. 1. And as that Fish which Aelianus speaks of, lies near to the rock, and because it is of the colour of the rock, surprises many fishes which come to refresh themselves at the rock: so doth the Roman doctrine, because it can pretend by a local and personal succession (though both interrupted) that it is so much of the colour of the rock, and so near it, as Petrus and Petra, enuegle and entrap many credulous persons, who have a zealous desire to build upon the rock itself. 17 It is an Aphorism of an ancient Physician, Hypocrates. l. 1. Apho. 22. that we must not purge raw humours, but such as are matured and concocted, except they be stirred and moved with their own violence. Such a patience and moderation this State used towards professors of your Religion; and only providing some better laws, to have them in a readiness in occasions of much necessity; the rest of the Statutes were only medicinal and preparatory, to lead them to Church sometimes, and so to mollify their obduratenes, by making divine service their physic, since they would not admit it for their ordinary diet; and so in time to drain them, and deliver them from those inundations of errors, which the Sea of Rome had degorged upon them. And though it might seem unseasonable, by any sharper means to have wrestled or contended with them at beginning, because every sudden remove, even into a better air, is unwholesome, and the worse, the purer the air is; yet now it is time to work upon you, being of better experience, since you may have observed the birth and prosperous growth of this Reformation; and seen, that though diseases affect and corrupt suddenly and violently, and the cures thereof are orderly and long in accomplishing; yet this Reformation spent less time than the corruption, and the Church hath recovered more health in one age, than she had lost in a●ie two: In so firm and constant a state of health, did the Apostles and their followers, especially the first Bishops of Rome, deliver her over, that she was able a long time, to resist those infectious, and was likely to have done it much longer, if her danger had been only intrinsic, by breeding Heresies in herself, and that she had not received the outward poisons of Riches and Honour, and the natural companions of those, Avarice and Ambition. 18 If you will consider the occasion of this Reformation, In Epist. ad Tit. c. 1. which Pope Adrian the sixth (as your Espencaeus relates it) ingenuously confessed in the Imperial Parliament, That it was occasioned chiefly by the sins of the Priests and Prelates, whose abuses and excesses had been for many years abominable, And that all things were perversely overturnd, And that the Disease was in the head, And that therefore he would provide that the Court of Rome, from whence all this corruption was derived, should be reform, since all the world did hungerly expect it at that time: which Reformation, says Espencaeus, he died before he could perform, and his successor would not perform it; Fl●rimond ●emond history de l' Heresy. l. 7. c. 2. & 3. If you consider by what instruments it took first hold, and that your own Authors, even when they mean to calumniate these beginnings, say, that the desire of the French King Francis the first, and of his sister Margaret, and of the Bishop of Meaux, and the rest of the Lords by their example, to have about them learned and understanding persons, an● such as were conversant in the holy and original languages, gave the first entrance and way to this Reformation: If you consider with what prosperity and blessing Almighty God hath advanced it; and that in a few years it hath produced so many excellent authors in the Arts, and in Divinity, that neither our Schools nor our Pulpits need be beholding to them, who deliver no gold without some dross. and that for temporal blessings he hath made us as numerous, and as potent as his adversaries, the adverse party: If you consider the good health and sound constitution of the Reformed Religion, and that it is in all likelihood long-lived, because it neither admits unwholesome and putrefying Traditions, and Postscripts, after the holy Ghost had perfected his writings; which Additions enuenome the pure blood inwardly: nor is it outwardly in her practise deformed with the leprosies and ulcers of admitting jews and Stews: nor proposes and justifies any such books, as your Taxa Camerae Apostolicae is, In Epist. ad Tit. c. 1. in which (says your Espencaeus) a man may learn more sin, then in all the Summists and Casuists: and in which the price of all sins are taxed; so that one may know before hand, what an Adultery, an Incest, a Parricide, or any other enormous sin will stand him in, before he resolve to do it: If you consider how peaceable and compatible it is with secular Magistracy, by this experience, that more Catholic Princes admit toleration of the reformed Religion, than princes of our profession, admit yours; out of an assurance of the turbulence, and tempestuousness naturally venting out of the grounds of the jesuits: you will then perceive how blind a prognosticator that Dutchman Prognosticon Windecki. is, who upon two and forty vain and imaginary reasons, hath ground a prophecy of the imminent ruin of this Religion; and how hasty that abortion, and precipitation was in the Frenchman, Florimond. Remond Histoire d●l. Heresy. who hath written the history of the actual ruin of this profession, whilst it is yet in her growing estate, and by the mercy of our Saviour, every day more and more advanced. 19 And if you will suffer these things to enter your understanding and judgement, I cannot doubt of your will to conform yourselves: For it is truly said, Nothing is so contrary to the will and consent, as Error: Dig. l. 2. Tit. ●. c. Si per errorem. And whatsoever appears true to the judgement, seems good to our will, and begets a desire to do it. But if you shut up that door, and so expose yourselves, that men may possess your Will, without entering by your judgement, they enter like thieves at the window, and in the night. For, though the will be as a window, somewhat capable of light, yet yourselves benight your whole house, by drawing these Curtains upon your judgement. And in all afflictions drawn upon yourselves by this will or wilfulness, when you shall say to God, as his people did by Esay, Wherefore have we fasted, and thou seest it not? Esay 58.3. we have punished ourselves, and thou regard'st it not: God will answer, as he did then; Behold, in the day of your fasts you seek your will: That is, you pursue your own stubborn determinations, and have human and corrupt respects in all your tribulations. Ael●a●. l. 2. c. 37. 20 There was a law amongst some Grecians, that if a sick man drunk wine without advise of his Physician; though that ●aued his life, he should be put to death, for doing it before he was commanded. O what bitter punishment must then attend your presumption, who in stead of their wine, take Gall and poison, and instead of their recovery, endanger yourselves to a double perishing; and are so far from having any direct commandment for it, that you have express and just inhibitions against it? O what spiritual Calenture possesses you, to make this hard shift to destroy yourselves? If you be fishers of men, why doth he which sends you, first raise storms and tempests of Treason, and scandal; and expose you to a certain shipwreck? It is a note which one of your famous Preachers hath given; Bosquie●. conc. Quadrag. That fish will not be taken with a bloody Net; and yet your Fishermen are sent with no other nets, than such as must be stained with our blood, if they can get it, or if they miss it, with yours and their own. 21 They are content to teach in other places, That the Pope cannot bind a man to impossible things; Dist. 61. Catinensis. and to extend the word Impossible to any thing, which cannot justly, honestly, or conveniently be done; they are content to teach, That the Pope cannot command somethings, Navar. Manual c. 23 n 38 though they be naturally good and meritorious, as to iterate a Confession after it is once made: Only to you they are so rigid and sour, that a Breve which you are not sure was sent, and you are sure that it ought not to have been sent, must bind you to an obedience in these Capital dangers; and like Pythagoras' scholars, Diog. Laertius l. 8. you must suffer yourselves to be slain, rather than stir your foot, and tread down a Bean. 22 And what is your recompense? You shall be Martyrs; and yet Baronius himself, who is liberal enough of martyrdom, speaks of your case somewhat inconstantly and irresolutely, when he says of English and French Martyrs, Martyrolog. c. 8 Scimus eos esse in Caelo, ut par est credere, We know they are in heaven, as it is fit for us to believe. Aelian. l. 14. c. 4 But as he which died of the bite of a Weasel, lamented because it was not a Lion: So consider, it is not the Catholic faith, which you smart for, but an unjust usurpation, and that it is not the Lion of juda, for whose service and honour your lives were well given, but it is for a Weasel, which crept in at a little hole, and since is grown so full and pampered, that men will rather die, then believe that he got in at so little an entrance. 23 How hungry of poison, how Ambitious of ruin, how pervious and penetrable to all means of destruction are you, upon whom your jesuits and other Confessors, have not only the force of those men, who are said to have been able to kill men by looking upon them in anger, Gellius l. 9 c. 4. but of those also, which can bewitch by fair words, and can praise a man to death? For as the angry eye of the first sort slew some: So do the comminations and terrors of these Breves, thrust some of you into these dangers. And as, if the men of the second sort (whereof there were whole families in afric) did but commend Trees, Corn, cattle, or Children, they prospered no farther, but perished presently: So, after these men, with whose families Europe abounds, do but tell you, that you are borne of Catholic parents, That only you are in the Ark, That you are in possession of good estates, fit sacrifices for the Catholic Church, That tyou are remarkable and exemplar men, by whom your Tenants, and Servants, and Children are led and guided; That you are chosen by God for pillars to sustain his material Church, as Priests are for the spiritual: That you are Martyrs apparent, and attended and stayed for in the triumphant Church: you prosper no more, but wit●er in a Consumption, and having headlongly dissipated and scattered your estates, you run desperately into the danger of the Law, or sustain a wretched life by the poor Crumbs of others pensions. 24 And that vicious affectation of Priesthood, Bosquior. Monom. Conc. 4. or of Regular Religion, which one of your Preachers notes out of Cassianus, to possess many men, whom thereupon he calls Sacerdotes non entes, hath bewitched you with a stronger charm. And as that draws them from their Office of society, by a civil and Allegorical Death, in departing from the world into a Cloister, so this throws you into a natural, or unnatural and violent Death, by denying due Obedience, and by entering into Rebellious actions. Ibid. Many men, says that Preacher, are carried to this desire by human respects, and by the spirit, either of their blood and Parents when they do it to please them, or by the spirit of giddiness and levity, or by the spirit of liberty, to be delivered from the bondage and encumbrances o● wife and children, or else violently, by adversity and want. And these diseases, which he observed in them, I know you cannot choose but find in yourselves, and in a more dangerous, and deadly measure and proportion. 25 And if there be not too much shame and horror in such a Meditation, but that you dare to look back upon all the passages between your Church and ours, in the time of the late Queen, and his Majesty who now governs, you shall see, that the Rock was here, and all the storms and tempests proceeded from you, when from you came the thunders a●d lightnings of Excommunications. But as in those times, when divinations and conjectures were made upon the fall of lightnings, Plini. l. ●. c. 43. those lightnings which fell in the Sea, or tops of Mountains, were never brought into observation, but were called Bruta fulmina: so how vain his Excommunications against Islanders, and dwellers in the Sea, have proved, we and Venice have given good testimony, as many other great Princes have done, by despising his Bruta fulmina, when they have been cast upon so great and eminent Mountains, as their Supremacy is. 26 From you also have come the subtle whisperings of Rebellious doctrines, the frequent and personal Traitorous practices, the intestine Commotions, and the public and foreign Hostile attempts, in which, as we can attribute our deliverance to none but God, so we can impute the malignity thereof originally, to none but the devil. Whose instruments the Jesuits (as we in our just wars have given over long bows for Artillery) being men of rounder dispatch, than the Church had before, impatient of the long Circuit and Litigiousnes of excommunications, have attempted a readier way: and as the invention of Gunpowder is attributed to a contemplative Monk; so these practic Monks thought it belonged to them, to put it into use and execution, to the destruction of a State and a Church; through which nimbleness and dangerous activity, they have corrupted the two noble Inventions of these later ages, Printing and Artillery by filling the world with their Libels, and Massacres. 27 It becomes not me to say, that the Roman Religion begets Treason; but I may say, that within one generation it degenerates into it: for if the temporal iuris●diction (which is the immediate parent of Treason) be the child of the Roman faith, and begot by it, treason is the Grandchild. Annotat. in Hilarium. But as Erasmus said of that Church in his time, Syllogismi nunc sustinent Ecclesiam, we may justly say, that this Doctrine of temporal jurisdiction, is sustained but by Syllogisms, and those weak, and impotent, and deceivable. And as it cannot appear out of all the Authors, which speak of Saint Peter's remaining at Rome, whether his body be there, or only his ashes: So can it not be clear to you, that the body of Christian Religion is there, since it is oppressed with such heaps of ashes, and dead Doctrine, as this of temporal jurisdiction; so that divers other Churches, which perchance were kindled at that, may burn more clearly and fervently, then that from which they were deriued● 28 But my purpose is not to exasperate, and aggrieve you, by traducing or drawing into suspicion the body of your Religion, otherwise then as it conduces to this vicious and inordinate affectation of danger: Yet your charity may give me leave to note, that as Physicians, when to judge of a disease, they must observe Decubitum, that is, the time of the Patients lying down, and yielding himself to his bed; because that is not alike in all sick men, but that some walk longer before they yield, than others do; therefore they remove that mark, and reckon ab Actionibus laesis: that is, when their appetite, and digestion, and other faculties failed in doing their functions and offices: so, if we will judge of the diseases of the Roman Church, though because they crept in insensibly, and the good state of health, which her provident Nurses endued her withal, made her hold out long; we cannot well pitch a certain time of her lying down and sickening, yet we may well discern Actiones laesas, by her practice, and by her disusing her stomach from spiritual food, and surfeiting upon this temporal jurisdiction: For than she appeared to be lame and impotent, when she took this staff and crouch to sustain herself, having lost the ability of those two legs, whereon she should stand, The Word and Censures. 29 And if the suspicious and quarrelsome title and claim to this temporal jurisdiction; If Gods often and strange protection of this Kingdom against it, by which he hath almost made Miracles ordinary and familiar, If your own just and due preservation, work nothing upon you, yet have some pity and compassion towards your Country, Examen. Edicti. Anglica. Stanislaus Christianoni cousin. Paris. 1607. whose reputation is defaced and scandalised by this occasion, when one of your own Authors, being anguished and perplexed, how to answer these often Rebellions and Treasons, to put it off from that Religion, lays it upon the nature of an Englishman, whom, in all professions he accuses to be naturally disloyal and treacherous to his Prince. 30 And have some pity and compassion (though you neglect your particulars) upon that cause, which you call the Catholic cause: Since, as we say of Agues, that no man dies by an Ague, nor without an Ague: So at Executions for Treasons, we may justly say, No man dies for the Roman Religion, nor without it. Such a natural consequence, or at least unlucky concomitance they have together, that so many examples will at last build up a Rule, which a few exceptions, and instances to the contrary will not destroy. 31 I call to witness against you, those whose testimony God himself hath accepted. Speak then and testify, O you glorious and triumphant Army of Martyrs, who enjoy now a permanent triumph in heaven, which knew the voice of your Shepherd, and stayed till he called, and went then with all alacrity: Is there any man received into your blessed Legion, by title of such a Death, as sedition, scandal, or any human respect occasioned? O no, for they which are in possession of that Laurel, are such as have washed their garments, not in their own blood only (for so they might still remain red and stained) but in the blood of the Lamb which changes them to white. Reu●l. 7.15. Saint chrysostom writes well, that the Sinner in the Gospel bathed and washed herself in her tears, Homil. 2. in Psal. 50. not in her blood: And of Saint Peter, he asks this question; When he had denied Christ, Numquid sanguinem fudit? No, says he, but he powered forth tears, and washed away his transgression. 32 That which Christian Religion hath added to old Philosophy, which was, To do no wrong, is in this point, no more but this, To keep our mind in an habitual preparation of suffering wrong: but not to urge and provoke, and importune affliction so much, as to make those punishments just, which otherwise had been wrongfully inflicted upon us. We are not sent into this world, to Suffer, but to Do, and to perform the Offices of society, required by our several callings. The way to triumph in secular Armies, was not to be slain in the Battle, but to have kept the station, and done all Military duties. Vegetius. l. 2. c. 17. And as it was in the Roman Armies, so it ought to be taught in the Roman Church, I●s legionis fac●le● Non sequi, non fugere. For we must neither pursue persecution so forwardly, that our natural preservation be neglected, nor run away from it so far, that God's cause be scandalized, and his Honour diminished. 33 Thus much I was willing to premit, to awaken you, if it please you to ●eare it, to a just lo●e of your own safety, of the peace of your Country, of the honour and reputation of your Countrymen, and of the integrity of that, which you call the Catholic cause; and to acquaint you so far, with my disposition and temper, as that you need not be afraid to read my poor writings, who join you with mine own Soul in my Prayers, that your Obedience here, may prepare your admission into the heavenly Jerusalem, and that by the same Obedience, Exod. 20. Your days may be long in the land, which the Lord your God hath given you. Amen. PSEUDO-MARTYR. CHAP. I. Of martyrdom and the dignity thereof. AS a depositary to whose trust some precious thing were committed, is not only encumbered and anxious, to defend it from the violences and subtleties of outward attempters, but feels within himself some interrupt●ons of his peace, and some invasions upon his honesty, by a corrupt desire, and temptation to possess it, and to employ upon his own pleasure or profit, that of which he is no Proprietary: and never returns to his security, out of these watchfulnesses against other, and reluctations with himself; till he who delivered this jewel, resume it again: So, till it please the Lord, and owner of our life to take home into his treasury, this rich Carbuncle our soul, which gives us light in our night of ignorance, and our dark body of earth, we are still anguished and trauelled● as well with a continual defensive war, to preserve our life from sicknesses, and other offensive violences; as with a divers and contrary covetousness, sometimes to enlarge our State and term therein, sometimes to make it so much our own, that we may unthriftily spend it upon surfeits, or licentiousness, or reputation. 2 From thence proceeded that corrupt prodigality of their lives, with examples whereof all Histories abound; honour, ease, devotion, shame, want, pain, any thing served for a reason, not only to forsake themselves, or to expose themselves to un-evitable dangers, but also to be their own executioners● yea we read of the women of a certain town, Gellius l. 15. c. 10 that in a wantonness had brought it up for a fashion, to kill themselves. 3 Which corruption, and Ambition of being Lord of ourselves, every sort of men, which contributed their helps to the preservation and tranquillity of States, laboured against as first the Philosopher, who observing that honour and ●ase did principally draw men into this inclination, because they were desirous to get a name of during, and of greatness, and to escape the miseries which every day in this life presents, and heaps upon us; did therefore teach, Aristot. Eth. l. 3. cap. 7 That nothing was more base and cowardly, then to kill one's self, so to correct that opinion of getting honour by that Act: and to overthrow the other opinion of ease, Idem l. 3 ●. 6. Maetalius Metellus, prefat. in Histor. Os●ij. they taught Death to be the most miserable thing which could fall upon us. 4 And when the Spaniard in the Indies found a general inclination, and practise in the inhabitants to kill themselves, to avoid slavery; they had no way to reduce them, but by some dissemble and outward counterfeitings, to make them believe, that they also killed themselves, and so went with them into the next world, and afflicted them more then, than they did in this. 5. The Emperors also by their laws and civil Constitutions, Dig. l. 48. Tit. ●9. le 38. & Dig. l. 49. tit. 10. l●. 6 have opposed remedies against this ordinary disease, by inflicting forfeitures and infamous mulctes upon them which should do it. Concil. Antisi. ca 17. And the Church hath resisted it by her Canons, Conc. Braca●. 23. q. 5. placuit. which deny them Christian burial, and refuse their oblations at the Altars. And with what severe laws, other particular States have laboured against it, appears by the law of our nation, which esteems it not only Manslaughter but Murder. And by that law in the Earldom of Flanders, which reckons it amongst the heinous names of Treason, Tholos. Sy●t. l. 36. c. 22. 〈◊〉. 13. Heresy, and Sedition. 6 And yet it was observed, that this corruption was so inhaerent and rooted, and had so overgrown our nature, or that corruption which depraves it, that neither those imperial laws, nor that form of a State which Plato Ide●ted, De leg. 9 nor that which Sir Tho. Moor did imagine and delineate thought it possible utterly to extirpate and root out this disposition, V●op. l. 2. ca de Serius. but only to stop and retard the general precipitation therein: And therefore in their laws they have flattered our corruption so much, as to appoint certain cases and reasons, and circumstances, in which it might be lawful to kill one's self. 7 And Almighty God himself, who disposes all things sweetly, hath been so indulgent to our nature, and the frailty thereof, that he hath afforded us a means, how we may give away our life, and make him, in a pious interpretation, beholden to us for it; which is by delivering ourselves to martyrdom, for the testimony of his name, and advancing his glory: for in this we restore him his Talon with profit; our own soul, with as many more, as our example works upon, and wins to him. To deny him this, is not only to steal from him, that which is his, by many dear titles; as Creating, Redeeming, and Preserving; but at such a time, as his honour hath use of such a service at our hands, then to withdraw our testimony from him, is as much a betraying and crucifying of him again, as it was in them, who by their false witness, occasioned his death before. 8 Saint john saith, Io. 1.7 that the Baptist was not that light, but (as though that were the next dignity) he came to bear witness of that light. And when our blessed Saviour refused to bear witness o● him●elfe; Io. 5.31. those, whom he reckons as his witnesses, are all of ●o high dignity, as no ambition can be higher, then to be admitted amongst those witnesses of Christ; ●or they are thus laid down; First the Baptist, than his Miracles, than his Father, and then the Scriptures. 9 How soon God began to call upon man for this service, by sealing his acceptation of Abel's sacrifice, in accepting Abel for a Sacrifice: for so saith chrysostom, Abel, in the beginning, before any example, first of all Dedicated martyrdom. De Martyri Serm. 7. And as soon as Christ came into the world, after he received the oblations of the kings, presenting part of their temporal fortunes; the next thing wherein he would be glorified, was that Holocaust and Hecatomb of the innocent children, martyred for his name. 10 And though we cannot by infinite degrees, attain to our pattern Christ, the general Sacrifice; yet we must exceed those Typique times, and Sacrifices of the old law; and be no more covetous of ourselves, than they were of their beasts, when that Sacrifice is required at our hands: for when we sacrifice our concupiscences, by rooting them out we equal them, who sacrificed their beasts; but we exceed them, when we immolate our soul and body to God. 11 The blood of the Martyrs was the milk which nourished the Primitive Church, in her infancy, and shall it be too hard for our digestion now? It was the seed of the Church, out of which we sprung; and shall we grudge to Tithe ourselves to God, in any proportion that he will accept? As Zipporah said to Moses, Exod. 4, 25 vere sponsus sanguinum es mihi; the Church may well say to Christ, who looks for this Circumcision at her hands, and this tribute of blood, which he hath so well deser●ed● both by begetting the Church by his blood upon the Crosse● and feeding her still wi●h the same blood in the Sacrament. 12 But those whom he hath preordained to this supreme Dignity of martyrdom, God doth ordinarily bring up in a nouitiate, and Apprentisage of worldly Crosses and Tribulations. And as I●stinians great Officer Tiberius, Paul. Diaco. ad Eutrop Addit. 18. when out of a reverence to the sign of the Cross, he removed a Marble stone from the Pavement, and under it found a second stone, with the same Sculpture, and under that a third, and under all, great plenty of treasure, had not this treasure in his hope, nor purpose, nor desire before hand, but satisfied himself in doing that honour to that sign, which those first times needed: So is the treasure and crown of martyrdom seposed for them, who take up devoutly the crosses of this life, whether of poverty, or anguished consciences, or obedience of laws which seem burdenous, and distasteful to them; for all that time a man serves for his freedom, and God keeps his reckoning, from the inchoation of his martyrdom, which was from his first submission to these tribulations: which chrysostom testifies thus; Homil. in psal. 95. That when one is executed, he is then made a Martyr (that is, declared and accepted ●or a Martyr by the Church) but from that time, when he begun to show, that he would profess that Religion, he was a Martyr, though he endured not that which Martyrs do. 13 Saint Paul●aith ●aith of himself, I die daily; 1. Cor. 15. and chrysostom of David, He merited the Crown of martyrdom a thousand times in his purpose and disposition, and was slain for God a thousand times. And these persecutions are not only part of the martyrdom, but they are part of the reward: for so St. Mark seems to intimate, when he expresseth Christ thus; No man shall forsake any thing for my ●ake, but he shall receive a hundred fold now at this pre●ent, houses Brothers, Sisters, Mothers and Children, and land, with Persecutions. So that Christ promises a reward, but not to take away the persecution; but so to mingle and compound them, and make them both of one taste, and indifferency, that we shall not distinguish, which is the meat and which is the sauce, but nourish our spiritual growth as well with the persecution, as with the reward. 14 For this high degree of a consummate Martyr, is not ordinarily attained to per Saltum, but we must be content to derue God first in a lower rank and Order: for as much Kings, as come to the possession of a Kingdom, by a new, or a violent, or a litigious Title, do use at the beginning to sign their Grants, and Edicts, and o●her publ●que Acts, not only themselves, but admit the Subscription and testimony of their Counsellors, and Nobility, and Bishops; but being established by a long succession, and entering by an indubitate Title, are confident in their rights, and come to sign Teste me ipso: So doth our Saviour Christ ordinarily in these times, when he is in possession of the world, seal his graces to us by himself in his word and Sacraments, and do●h not so frequently c●ll witnesses and Martyrs, as he did in the Primitive Church, when he induced a new Religion, and saw that, that manner of confirmation was expedient for the credit and conveyance thereof. And if a man should in an immature and undigested zeal, expose his life for testimony of a matter, which were already believed, or to which he were not called by God, he did no more honour God in that act, than a Subject should honour the King by subscribing his name, and giving his Testimony to any of the King's Grants. CHAP. II. That there may be an inordinate and corrupt affectation of martyrdom. THe external honours, by which the memories of the Orthodox Martyrs in the Primitive Church were celebrated and ennobled, (as styling their deaths Natalitia, observing their Anniverssaries, commemorating them at their Altars, and instituting Notaries, to register their actions and passions) inflamed the Heretics also to an ambition of getting the like glory. And thereupon they did not only expose and precipitate themselves into ●ll dangers, but also invented new ways of martyrdom; with hunger whereof they were so m●ch enraged and transported, that some of them taught, Alfons. Castr. ver. Martyrium That upon conscience of sin to kill one's self, was by this act of justice, a Martyrdoms upon which ground Petilian, against whom Saint Augustine writes, canonised judas for a x Prateolus l. 3 cap. 19 Martyr. The rage and fury of the Circumcelliones, in extorting this imagined martyrdom; brought them first to solicit and importune others to kill them; and if they failed in that suit, they did it themselves. And another Sect prospered so far in heaping up numbers of Martyrs, Ep●pha. Haeres. 80 that their whole sect was called Martyriani. 2 And a zealous scorn to be overtaken, and equaled in this honour, provoked sometimes those who write the Acts of the Orthodox Martyrs, to insert into their Histories some particulars which were not true, and some which were not justifiable: Cap. 2 for of the first sort of these insertions, which proceeded (as he saith) out of too much love to the Martyrs, Baronius in his martyrologue complains; Dist. 15. Sancta Romana and by the Canon which forbids these Histories to be read publicly in the Roman Church, it seems they were careful that the people should not thereby be taught and encouraged, to bring such actions into consequence and imitation, as, (if the immediate instinct of God's spirit, did not justify them) would seem indiscreet and intemperate. Nor were they only, which corrupted the stories in fault, but out of Binius, the last compiler of the Counsels, we may perceive, that even they which were Orthodox professors, had some tincture of this over-vehement affectation of martyrdom: for he says, that the sixeteth Canon of the Eliberitane council (by which it is enacted, To. 1. fo. 248 That those Christians which attempted to break the Idols of the Gentiles, and were slain by them, should not be numbered amongst the Martyrs) was made to deter men from following such examples, as Eulalia, who being a maid of twelve years, came from her father's house, Prud●nt●us declared herself to be a Christian, spit in the judges face, and provoked him to execute her. To which they were then so inclinable, Bodin Daemonom l. 4. c. 3. ex Tertull. that as a Catholic Author hath observed, that state which inflicted those persecutions; sometimes made Edicts, that no more Christians should be executed, because they perceived how much contentment and satisfaction, and complacency some of them had in such dying. 3 And although these irregular and exorbitant acts be capable of a good interpretation; that is, that the spirit of God did by secret insinuations excite and inflame them, and such as they were, to pu● fervour into others at that time; yet certainly God hath already made his use of them, and their examples belong no more to us, in this part and circumstance of such excesses. 4 And though this secret and inward instinct and moving of the holy Ghost, which the Church presumes, to have guided not only these martyrs, in whose forwardness these authors have observed some incongruity with the rules of Divinity, but also Samson, and those Virgins which drowned themselves ●or preservation of their chastity, Eus●b. l. 8 Hist. Eccl●s. ca 24 which are also accounted by that Church as martyrs; although (I say) this instinct lie not in proof, nor can be made evident; yet there are many other reasons, which authorise and justify those zealous transgressions of theirs (if any such were): or make them much more excusable, than any man can be in these times, and in these places wherein we live. 5 For the persecutions in the Primitive Church were raised either by the Gentiles or the Arrians; either the unity of the Godhead, or the Trinity of the persons was ever in question: which were the Elements of the Christian Religion, of which it was framed and complexioned; and so to shake that, was to ruin and demolish all. And they were also the Alphabet of our Religion, of which no infant or Neophyte might be ignorant. But now the integrity of the belief of the Roman Church, is the only form of martyrdom; for it is not allowed for a martyrdom to witness by our blood, Feuardent●us Theom. Calvin l. 8. c. 13. n. 13. the unity of God against the Gentiles, nor the Trinity of persons against the Turk or jew, except we be ready to seal with our blood contradictory things, and incompatible for the time past: (since evidently the Popes have taught contradictory things) and for the time present, obscure and irrevealed things, and entangling perplexities of Schoolmen; for in these, yea in future contingencies, we must seal with our blood, that part which that Church shall hereafter declare to be true. 6 This constant defence of the foundation, and this undisputable evidence of the truth, was their warrant: And they had another double reason, of making them extremely tender, and fearful of slipping from their profession; which was first the subtleties and Artifices of their adversaries, to get them to do some act, which might imply a transgressing and dereliction of their Religion, though it were not directly so; and so draw a scandal upon their cause, and make their simplicity seem infirmity, and impiety: and secondly, the severity which the Church used towards them, who had done any such act, and her bitterness and a●ersenes, from reassuming them, even after long penances, into her bosom. For by the third Canon of the Eliberitane Councils, which I mentioned before, it appears, that even they whom they called Libellaticos, because they had for money bargained and contracted with the State, to spare them from sacrificing to Idols (though this were done but to redeem their vexation and trouble) were separated from the holy Communion. But none of these reasons can advantage or relieve those of the Roman persuasion in these times, because no point of Catholic faith, either primary and radical, or issuing from thence by necessary deduction and consequence, is impugned by us; nor their faith in those points, wherein it abounds above ours, explicated to them by any evidence, which is not subject to just quarrel and exception; nor are our Magistrates laborious or active to withdraw them by any snares from their profession, but only by the open and direct way of the word of God, if they would hear it nor is the Church so sour and tetrical, but that she admits with ease and joy, those, which after long straying, not only into that Religion, but into such treasons and disobediences, as that Religion produces, return to her again. CHAP. III. That the Roman Religion doth by many erroneous doctrines mis-encourage and excite men to this vicious affectation of danger: first by inciting secular Magistracy: secondly by extolling the value of merits, and of this work in special, by which the treasure of the Church is so much advanced: and lastly, by the doctrine of Purgatory, which by this act is said certainly to be escaped. The first part of principality and Priesthood. Having laid this foundation, that the greatest Dignity, wherewith God hath enriched man's nature, (next to his own assuming thereof) may suffer some infirmity: yea, putrefaction, by admixture of human and passionate respects, if when we are admitted to be witnesses of God's honour, we love our own glory too much, or the Authority by which this benefit is derived upon us, too little, which is the function of secular Magistracy: We are next to consider, by what inducements, and provocations, the Doctrine and practice of the Roman Church doth put forward, and precipitate our slippery disposition into this vicious and inordinate affection, and dangerous self-flattery. 2 In three things especially they seem to me, to advance and ●oment this corrupt inclination. First, by abasing, and aviling the Dignity and persons of secular Magistrates, by extolling Ecclesiastic immunities and privileges: Secondly, by dignifying and over-valewing our merits and satisfactions, and teaching that the treasure of the Church, is by this expense of our blood increased. And thirdly, by the Doctrine of Purgatory, the torments whereof are by this suffering said to be escaped and avoided. 3 And in the first point, which is a dis-estimation of Magistracy, they offend two ways. Comparatively, when they compare together that and Priesthood, and Positively, when not bringing the Priestly function into the balance, or disputation, they give the Pope authority as Supreme spiritual Princess, over all Princes. 4 When the first is in question of Priesthood and Magistracy, then enters the Sea, yea Deluge of Canonists, and overflows all, and carries up their Ark (that is the Roman Church, that is the Pope) fifteen cubits above the highest hills, whether Kings or Emperors. Extra. de maior. & Obed. Solit●. Quinquagesies septies & Centies quadragesies septies & medium, & septies mesies & septingesies, quadragesies, quater & medium. And this makes the Glosser upon that Canon, where Priesthood is said to exceed the laity, as much as the Sun, the Moon, so diligent to calculate those proportions, and to repent his first account as too low, and reform i● by later calculations, and after much perplexity to say, That since he cannot attain to it, he will leave it to the Astronomers; so that they must tell us, how much the Pope exceeds a Prince: which were a fit work for their jesuit Clavius, Comment. in Sacro. Bosc. fol. 219. who hath expressed in one sum, how many grains of Sand would fill all the place within the concave of the firmament, if that number will seem to them enough for ●his comparison. But to all these Rhapsoders, and fragmentary compilers of Canons, which have only amassed and shoveld together, whatsoever the Popes themselves or their creatures have testified in their own cause; Amandus Polanus applies a round, Simphons. 24. T●es. 9 and pregnant, and proportional answer, by presenting against them the Edicts and Rescripts of Emperors to the contrary, as an equivalent proole at least. 5 And for the matter itself, wherein the Ecclesiastic and Civil estate are under and above one another, with us it is evident and liquid enough, since no Prince was ever more indulgent to the Clergy, by encouragements and real advancing, nor more frequent in accepting the food of the word and Sacrament at their hands, in which he acknowledges their superiority, nor the Clergy of any Church more inclinable to preserve their just limits; which are, to attribute to the king so much, as the good kings of Israel, and the Emperors in the Primitive Church had. 6 It is entire man that God hath care of, and not the soul alone; therefore his first work was the body, and the last work shall be the glorification thereof. He hath not delivered us over to a Prince only, as to a Physician, and to a Lawyer, to look to our bodies and estates; and to the Priest only, as to a Confessor, to look to, and examine our ●oules, but the Priest must aswell endeavour, that we live virtuously and innocently in this life for society here, as the Prince, by his laws keeps us in the way to heaven: for thus they accomplish a regal Sacerdotium; when both do both; ●or we are sheep to them both, and they in divers relations sheep to one another. 7 Accordingly they say, that the subject of the Canon law is Homo dirigibilis in Deum, & Bowm Commune; Reg In Possore, in 6. Glos. so that that Court which is, forum spirituale, considers the public tranquillity. And on the other side Charles the great, to establish a mean course between those two extreme Counsels, of which a Constantin. Ann 754. one had utterly destroyed the use of Images in b Nicenum 2. Anno 787. Churches● the other had induced their adoration, takes it to belong to his care and function, not only to call a c Francofur. Anno 794. Synod to determine herein, but to write the book of that important and intricate point, to Adrian then Pope; which d Donat. Constant l. 2. nu. 60. Steuchius saith, remains yet to be seen in Bibliotheca Palatina, and urges and presses that book for the Pope's advantage. And in the preface of that book, the Emperor hath these words: e Haimius Feldius Decretu. Impp. de Imaginibus. fo. 91. In sinu Regni Ecclesiae gubernacula suscepimus; and to proceed, that not only he, to whom the Church is committed, ad regendum, in those stormy times, but they also which are Enutriti ab uberibus must join with him in that care: and therefore he adds, That he undertook this work, Cum Conhibentia Sacerdotum in regno suo; neither would this Emperor (of so pious affections towards that Sea, expressed in pro fuse liberalities) have usurped any part of jurisdiction, which had not orderly devolved to him, and which he had not known to have been duly executed by his predecessors. 8 Whose authority, in disposing of Church matters, and direction in matters of Doctrine, together with the Bishops, appears abundantly and evidently out of their own Laws, and out of their Rescripts to Popes, and the Epistles of the Popes to them. For we see, by the Imperial Law, the Authority of the Prince and the Priest made equal, when it is decreed, a Dig. li. 11. Tit. 7. l. 8. Osa. That no man may remove a body out of a Monument in the Church, without a Decree of the Priest, or Commandment of the Prince. And yet there appears much difference, in degrees of absoluteness of power, between these limitations of a Decree and a Commandment. And Leo the first, writing to the Emperor Martianus, reioyses, that he found b Leo 1. Martia. In Christianiss more Principe Sacerdot alem affectum. And in his Epist. 70. Epist. 75. Epistle to Leo the Emperor, using this preface for fear lest he should seem to diminish him in that comparison (Christiana utor libertate) he saith, I exhort you to a fellowship with the Prophets and Apostles, because you are to be numbered inter Christi praedicatores: He adds, that kings are instituted, not only ad mundi regimen, but chiefly ad Ecclesiae presidium: and ●herefore he prays God to keep in him still, Animum eius Apostolicum & Sacerdotalem. 9 So for his diligence in the Church government, Simplicius, Simplicius Papa An. 471. Epist. 14. the Pope salutes the Emperor Zeno. E●ultamus vo●i● in esse animum Sacerdotis & principis: For which respect his successor a Ann 486. Epist 14. Felix the third, writing to the same Emperor, salutes him wi●h his style: Dilectissimo fratri Zenoni, which is a style so peculiar to those, which are constituted in the highest Ecclesiastic dignities as Bishops and patriarchs, Extra b . de Rescript. Ad audic●●iam●g os. verb manifestum. that if the Pope should write to any of them by the name of Sons, which is his ordinary style to secular princes, it vitiates the whole Diplome, and makes it false. 10 And a c Conc. Aurelian. 1. Clodu. regi. c. 2 Synodical letter from a whole Council to a King of France, acknowledges this Priestly care in the king, thus, Quia Sacerdotalimentis affectu, you have commanded your Priests to gather together, etc. which right of general superintendency over the whole Church, d Habetur in Binio To. 2. f. 320. Anno. 516. Anastasius the Emperor dissembled not, when writing to the Senate of Rome to compose dissensions there, he called Hormisda the pope, Papam Almae urbis Romae, but in the Inscription of the Letter, amongst his own Titles, he writes Pontifex inclitus. 11 e Li. 4. Epist. 32. Gregory himself (though his times to some tastes, seem a little brackish, and deflected from upright obedience to princes) saith of the Emperours● That no man can rightly govern earthly matters, except he know also how to handle Divine. And in the weakest estate, and most dangerous fit that ever secular Magistrate suffered and endured, Greg. 7. Duci Sue viae l. 1. Epist. 19 Gregory the seventh denied not, that these two dignities were as the two eyes of the body, which governed the body of the Church in spiritual light; which is more, than the Comparisons of Soul and Body, and of Gold and Lead, as they are now usurped and detorted, can afford. And the evidence of this truth hath extorted from Binius Binius To. 1. fol. 831. A. (a severe and heavy depresser of kings,) thus much (though but in a marginal note) Imperatores Sacra & secularia ex aequo curant. joan. 8. Pap● Ann. 873. Epist. 87. And so much did pope john the eight willingly acknowledge to Lodovic the son of Charles, That he was Cooperator sui certaminis. And as Balsamo saith upon the fourth general Council of Chalcedon, Balsamo. in Conc Chalced. can. 17 that it belongs to the Emperor to design the limits of Dioceses, and to erect a Bishopric into a Metropolitan seat, and to appoint who shall possess them. Concil. Quinosen in Trullo. ca 69. Anno 692. So to that Canon in the Council of Trullo which forbidding all Lay persons to come within a certain distance of the Altar, doth not extend to the Emperors, Si quidem volverit Creatori dona offerre ex antiquissima consuetudine: And to Balsamoes' Notes thereupon, that Orthodox Emperors, because they are Christi Domini, have also Pontifical Graces from God, and by Invocation of the holy Trinity, they create Patriarches, they come unto the Altar, Et sufficiunt sicut & Antistites: Notes in hunc can. To. 3. par. 1. fo. 156. A. Binius opposes no more, but that the Canon was made in flattery of the Emperor, which is not enough to defeat the Canon, nor enervate the credit thereof, since that Canon was not introductory then, but declaratory of an ancient custom, as the words thereof do fully evict and prove. 12 And not only Counsels submitted their Decrees to the Emperors for Authority, and supplement of defects, but the Popes themselves con●ul●ed the emperors be●ore hand, by their Letters, in matters of greatest difficulty and importance: So Leo the fi●st writes to Martianus the Emperor, Leo, Martiano Epist. 64. about the establishing of Easter, in which point the Church suffered more storms & schisms, than almost in any other, that did not concern the Trinity, and at this time nothing was certainly determined and decreed therein. Thus than he writes to him, Cupio vestrae Clementiae studijs adiwari, That so no error may be committed in the observation thereof. And Leo the eight, Leo 8. Epist. 87. exhorts the Sons of Charles, as partners in his Pastoral care to employ Baculos redargutionis. And concerning some spiritual matters, then to be determined, he ends his Epistle thus, The pen must first be dipped in the fountain of your heart, and then my Hand shall frame the Characters. And so when a Bishop of Constantinople stood out in some things against the Emperor, Leo 1. ad Martia●. Epist. 70. the Bishop of Rome, who at that time had justly acquired a great reputation in the Catholic Church, writes to the Emperor, That if that Bishop persever in such courses, as displease God, and the Emperor, salva Mansuetudinis vestrae Reverentia, utar in e●m liberiori Constantia. So that having first asked the Emperor leave, he offers him his assistance. Grego. 1. li. 3. Epist. 20. 13 And though Gregory the first (whom we may justly call a border-pope, because though he made no deep roads into the jurisdiction of Princes, yet he extended his own to the uttermost inch, and sometimes transgressed a little beyond) though he, I say, suspended one, to whom Orders were given by the emperors commandment, yet he doth not this absolutely, but because he knew (as he said) the emperors mind therein, and that particular party's unworthiness; he suspended him, until he might understand from his Responsal with the Emperor, whether that pretended Commandment from the Emperor were not subreptitious. 14 And when this correspondence was intermitted, as it appears often to have been, to the prejudice of the whole Church, the Emperors were ever forwardest to labour a reunion and concurrence of their powers, to the benefit and peace thereof; Anastas. Imp. Hormisdae Papae. Binius. To. 2. fo. 315. A. as Anastatius testifies thoroughly in a Letter to Hormisda, in these words; Before this time, the hardness of them, to whom the care of this Bishopric, which you now govern, was committed, made us abstain from sending any Letters; but now, since their runs a sweet opinion of you, it hath brought back to our memory, the goodness of a fatherly affection, that we should require those things, and so forth. By which, all these circumstances appear, That the Emperors did use to write, and that the fault which induced a discontinuance thereof, proceeded From the Pope; and that the Emperor pretermitted no opportunity of resuming that custom; and that where he writ, he did it out of a fatherly care, and by the way of requiring. And how mu●h joy Hormisda conceived by this Letter, Hormisda Epist. 2. appears by his phrase of expressing it, Sacros affatus congrua veneratione acc●pimus. Bi●ius To. 2. so. 335. B. 15 With like care justinus the Emperor exhorts the same Pope, to a Peace and Union with the Eastern Church, by his Letters which he calls Divinos Apices. And scarce by any one thing doth this care of Princes, and obsequiousness of Popes appear more, then by the Letter of Pelagius the first (who was littl● above 550. years ●rom Christ) to Childebert King of France, in these words. Pelagius 1. Epist. 16. & 25. q. 1, Satagendum. We must endeavour, for the taking away of all scandal of suspicion, to present the obsequiousness of our Confession, unto Kings, to whom the holy Scriptures command even us to be subject. For Ruffian's, your Excellency's Ambassador, asked from us confidently, as became him, that either we should signify to you, that we did observe in all points the Faith, which Leo had described, or send a Confession of our Faith in our own words. And ●o accordingly he performs both, as well binding himself to the Faith of his predecessors, as exhibiting to the King another form of the same Faith, composed and digested by himself; which, if the Bishops of that Se● would accept now, I do not perceive wherein there could be any Schism. 16 And as the Emperors were careful assistants of the Popes, that that mother Church at whose breast most o● the Western Churches sucked their spiritual nourishment, should be infected with no poison, because it might easily be derived from thence to the other members; so did they not attend the leisure of that Church's resolution, nor the incommodity of General Counsels but used their own power to govern their Churches, by constitutions of their own; for so a Cod. l. 1. Tit. 3. l. ultim. in fine. justinian the Emperor says of his own law, by which he priu●ledges certain religious houses; We offer up this Divine law as a fair and convenient sacrifice to Christ. So that either that attribute Divinum was then afforded to civil Constitutions, or the emperor made Ecclesiastic laws, if that word belong only to such. b Cod. l. 1. Tit. 2. le. ●3. The Emperors took it into their care, to dispose of their estates which entered into Monasteries; c Cod. l. 1. Tit. 3. l. 20. And of thei●s also which died in Monasteries; so that neither the purpose of entering, nor the act, nor the habit, and perseverance devested the Emperor of his right, or hindered the working of the Law. a Cod. l. 1. Tit. 3. l. 4. & 27. The Emperors also by their laws appointed which of their subjects might not take Orders, b Ibid. le. 9 and at what age Orders might be conferred; and that no woman after a second marriage might be Diaconissa; c Ibid. §. Diaconissa. which was, to make a law of Bigamy. 17 Yea they commanded and instructed in matter of Faith; for so d Cod, li. 1. Tit. 1 l. 6. justinian says of himself, we are forward to teach, what is the right ●aith of Christians, and we Anathematize Apollinarius e Cod. lib. 1. Tit. ●. l. 2. . So also Honorius and Theodosius inflict the punishment of death upon any Catholic Minister (for then neither that name was abhorred by Priests, nor they exempt from criminal laws) which should rebaptize any man; and yet this was a mere spiritual offence. And so f Cod. l. 1. Tit. 9 lib. 6. Valentinian, and his Co-emperours' pronounce marriage between jews and Christians to be adultery. And g Cod. l. 1. Tit. 2. l. ult. justinian interprets how a Testator shall be understood, when he appoints Christ, or an Angel, or a Saint to be his heir. 18 Nor deal they only with temporal punishments upon Ecclesiastic persons, which is farther than is afforded them now, but they inflict also spiritual censures: for Gratian and his Co-emperours' pronounce against Heretics, (that is, Cod. l. 1. Tit. 1. ●. 2 Impugners of the Nicene council) That they shall be utterly secluded from the threshold of the Church: And in the next law, which is against Nestorians, they say, If the offenders be lay-men, Anathematizentur, if Clergy men, Eijciantur ab Ecclesijs. a Cod. l. 1. Tit. 3. ● 7. § Presbiter●. And another of their laws doth not only inflict temporal & ignominious punishment upon Clergy men, but Ecclesiastic censures also in these words: If a Clergy man be guilty of false witness in a pecuniary cause● let him be suspended three years, and in a criminal, let him be deprived. b Ibid. ●e. 17. §. Interdi●imus. And another susspends for three years, even Sanctissimos & venerabiles Episcopos; if they do but look upon players at Tables: and that law authorizes him, under whose power that offender is, if he appear penitent, to abbreviate his punishment; c Ibid. l. 19 and of Bishops which will not forsake women, it pronounces thus; Abiiciantur Episcopatibus. And in the matter of establishing and ordering Sanctuaries, d Simancha. de R●pub. l. 8. c. 40. one of the writers of the Roman part hath presented civil constitutions enough, to teach us that, that was within the care and jurisdiction of secular Princes. 19 e Simplicius Zenoni. Ep. 14. And when an Emperor had created a Bishop of Antioch, contrary to the form prescribed in the Nicene Council, of an entire observation, whereof the christian Church was extremely zealous, the Pope proceeds not by anullings and vociferations, but writes thus to the Emperor: We may not dissallow that which you have done holily and religiously out of a love to peace and quietness: by which we see that Canons of Counsels, though they were Directions, yet they were not Obligations upon Princes for their government. By all which it appears, that those Christian and Orthodox Emperors, justifying their inherent right, by these frequent and uninterrupted matters of fact, apprehended not this vast and incomprehensible distance between secular and ecclesiastic power, but that they were compatible enough, and conduced, and concurred to one perfection, and harmony of the whole state. 20 And it is related by a Espen●aeus. Com●n Tim. l. 2. pag. 275. an Author of great estimation in the Roman profession, that Gregory the seventh was author of a new schism, dividing and tearing priesthood and principality. b Index Expur. Belg. foe 15. And it is evident that Bertram a priest under Carolus calvus, almost eight hundred years since, writing of that Divine and abstruse mystery, De corpore Domini, submits his opinion to the judgement of the King and his Counsel, as competent judges of that question: and c Pref●tio in Histor. de act. & Script. Lutheri. Cochlaeus saith, that Luther's doctrine was condemned for heretical by an edict of the Emperors, with the common assent of the Princes and the States. And the holy Ghost had well intimated the concurrence of their two powers in d Deut. 17.11. Deuter. if those words which are in the Text, Nolens obedire sacerdotis Imperio, & Decreto judici, moriatur; were not changed by the vulgate edition, into Ex Decreto; and thereby only the priest made judge of the controversies, and the Magistrate only executioner of his Sentences. 21 For certainly these two functions are not in their nature so distinct, and Diametrically opposed, but that they may meet in one matter, yea sometimes in one man, and one man may do both: for amongst the Gentiles, it was so for the most part: and sometimes amongst the Israelites. And in late times Epist. a Maximil●. ad B●ro. Leichtensteni Habetur. in Monit. polit. edit Franct. Ann. 1609. so. 33. Maximilian the first, a Catholic Emperor, thought it belonged to the Empire, to have also the Papacy united to it: and therefore when julius the second lay desperately sick, he endeavoured to bring to execution, that which he had often meditated, and consulted, and received as approved from some great persons of dignity in that Church, which was to be elected Pope in the next Conclave, and to restore the Papacy (as he thought or pretended) to the Imperial Crown. 22 b Ceremoniae Sacrae. Cap. de Ordinatione. And if a Lay-man be elected Pope, he need not presently be made Priest, but he may, if he will, stay in Subdiaconatu. And to that degree they seem to admit the Emperor, when he comes to be crowned at Rome; c Idem. ca de Coronat. for at the Communion he administers to the Pope in the place of Subdeacon. And this in the Primitive Church was not (as d Alfon. Aluares specul. utriusque Dig. c. 10. nu. 3. themselves confess) Ordo Sacer: though of late it be grown to be such a perplexed case, whether it were or no, that of those commissioners, which two Popes made to survey the Decretals, one company expunged, the other reassumed e Extra de bigam. non Ordin. Super eyes. glos. verbo Sacros. one place in that book, which denies this to have been amongst holy Orders. 23 The Emperor also puts on a Surplis, and is admitted as a Canonic not only of Saint Peter's Church, but of Saint john Lateran; to which particular Churches (of which the Pope is Parson, as he is Bishop of Rome, Metropolitan of Italy, patriarch of the West, and pope of the world, all those blessings and privileges which are ordinarily spoken of the Catholic Church are said by a Aluares specu. utri. Digni. ca 1. nu. 40. some to be irremoveably annexed and appropriate: hereupon some of their own lawyers say, b Cassanaeus● par. 5. consid. 24. art. 59 & 181. That all kings are clergy men; and that therefore it is sacrilege ●o dispute of the authority of a King. 24 But howsoever these two functions, since the establing of Christianity, have for the most part been preserved distinct, and aught so to be; yet they are at most, but so distinct as our Body and Soul: and though our Soul can contemplate God of herself, yet she can produce no exterior act without the body. Nothing in the world is more spiritual and delicate, and tender then the conscience of a man; yet by good consent of Divines, otherwise diversly persuaded in Religion, the civil laws of Princes do bind our consciences: and shall the persons of any men, or their temporal goods, be thought to be of so sublimed, and spiritual a nature, that the civil constitutions of Princes cannot work upon them? Nor do we therefore decline the comparison, so much urged by the Romans, Be●lar. de P●●t. Ro l. 5, c. 6. §. Est igit●r. E● Nazi●●z. that the Clergy exceed the laity as much as the body the soul, when it is so conditioned and qualified, as the authors thereof intended it; That is, that the seals and instruments of God's grace, the Sacraments, are in the dispensing of the Clergy, as temporal blessings are in the Prince and his laws, strictly and properly, though concurrently both in both, (for the execution of the most spiritual function of the priest, as it is circumstanced with time and place; and such, is ordinarily from the Prince) ● But we are a little afraid, that by a literal and punctual acceptation of this comparison, we may give way to that Supremacy, which they affect over Princes; because their Sepulueda saith, Sepulueda de regn. & reg. Hu. l. 1. That the soul doth exercise over the body, Herile Imperium, ut Dominus in seruum● and so by this insinuation should the pope do over the prince. 25 Howsoever in their first institution Popes were mere Souls, and purely spiritual, yet as the purest Soul becomes stained and corrupt with sin, assoon as it touches the body: so have they by entering into secular business, contracted all the corruptions and deformities thereof, and now transfer this original disease into their successors. Concil. Nice. 2. Actio 5. And as in the second Nicene Councell● when the Bishop of Thessalonica averred it to be the opinion of Basil, Athanasius, and Methodius, and the Universal Church, that Angels, and Souls were not merely incorporeal, but had bodies● The Council in a prudent con●i●enc●e, forbore to oppose any thing against that asseveration, because it facilitated their purpose then, of making Pictures and representations of Spirits (though Binius now upon that place, To. 3. Par. 1. fol. 399. say, his Assertion was false and injurious to the Church:) So though in true Divinity the Pope is merely spiritual, yet to enable him to depose Princes, they will invest and organize him with bodily and secular jurisdiction, and aver that all the Fathers, and all the Catholic Church were ever of that opinion. For the Pope will not now be a mere Soul and Spirit, but Spiritualis homo, 1. Cor. 2.15. qui judicat omnia, & a nemine judicatur. Maynardus de Privileg. Eccles. Art. 9 n. 1. For so a late writer styles him, and by that place of Scripture enables him to depose Princes. No● will this serve, but he must be also spirit●alis Princeps; of which we shall hereafter have occasion to speak. 26 And as a cunning Artificer can produce greater effects, upon matter conveniently disposed thereunto, then nature could have done, (as a Statuary can make an Image, which the Timber and the Axe could never have effected without him: And as the Magicians in Egypt could make living Creatures, by applying and suggesting Passive things to Active, which would never have met, but by their mediation:) So, after this Soul is entered into this Body, this spiritual jurisdiction into this temporal, it produces such effects, as neither pow●r alone could work, nor they naturally would unite and combine themselves to that end, if they were not thus compressed, and thronged together like wind in a Cave. Such are the thunders of unjust Excommunications, and the great Earthquakes of trans●er●ing Kingdoms. 27 And these usurpations of your Priests have deserved, that that stigmatical note should still l●e upon them, which your Canons retain, a Dist. 50. Et Purgabit. glos. verb. Domo. That all evil proceeds from Priests. For though b Index. Expur. Belg. fol. 306. Manriqe whom Sixtus the fifth employed, had removed that gloss, yet Faber to whom Gregory the thirteenth committed the survey of the Canons, re●aines it still. 24. q. 3. Transferunt. And (if the Text be of better credit than the gloss) the Text hath averred Saint Hieromes words, That searching ancient Histories, he cannot find, that any did rend the Church● and seduce the people from the house of God, but those which were placed by God, as Priests, and Prophets, that is, Overseers; for these are turned into winding Snares, and lay scandals in every place. 28 Even the Name of King, presents us an argument of pure, and absolute, and independent Authorities for it empresses immediately, and radically his Office of governing, wher●s the name of Bishop hath a metaphorical, and similitudinary derivation, and being before Christianity applied to Officers, which had the overseeing of others, but yet with relation to Superiors, to whom they were to give an account, deuolued conveniently upon such Prelates, as had the overseeing of the inferior Clergy, but yet gave them no acquittance and discharge of their duties to the Prince. 29 And God hath dignified many races of Kings, with many marks and impressions of his power. For by such an influence, and infusion, our kings cure a disease by touch, and so do the French Kings work upon the same infirmity. And it is said that the kings of Spain cure all Daemoniaque and possessed persons. Valdesius de Digni●●te regum Hispa c. 16. And if it be thought greater, that the Pope cures spiritual Leprosies, and lamenesses of sin, his Office therein is but accessory and subsequent; and after an Angel hath troubled our waters, and put us into the Pool, that is, after we are troubled and anguished for our sins, and after we have washed ourselves often in the river jordan, in our tea●es, and in our saviours blood upon the Cross, and in the Sacrament, then is his Office to distinguish between Leper and Leper, and pronounce who is cleansed: which all his Priests could do as well as he, if he did not Monopolize our sins by reservations. 30 And this is as much as seems to me needful to be said of their aviling Magistracy, in respect of Priesthood: for, for us private men it must content us, joan. de Lapide● Casus missa●. cap. 6. Ar. 5 §. Quo●unque. to be set one 〈◊〉 higher than dogs; for so they say in their Missal cases, that if any of the consecrated wine fall down, the Priest or his assistant ought to lick it up; but if they be not prepared, any Lay-man may be admitted to lick it, lest the dog should. And of the comparison of these two great functions● Principality and Priesthood, I will say no more, lest the malignity of any mis-interpreter might throw these aspersions, which I lay upon persons, upon the Order. And therefore since we have sufficiently observed, how near approaches to Priest hood the Christian Emperors have justly made, and thereby seen the injustice of the Roman Church, in dejecting Princes so far under it: we will now descend to the second way, by which they debase Princes, and derogate from their authority. 31 For it is not only in comparisons with Priesthood, that the Roman writers diminish secular dignity, but simply and absolutely, when they make the Title and jurisdiction of a king so smoky a thing, that it must evaporate and vanish away by any lightning of the pope's Breves or censures, except they will all yield to build up his Monarchy, and make him heir to every kingdom, as he pretends to be to the Empire: for a Azor. par. 2 l. 10. c. 9 §. Caeterum. of that (saith a jesuit) now there is no more controversy. b Aluares specutr. Dign. ca 56. nu. 12. And if the electors dissagree in their election, than the election belongs to him. And whether they agree or no, c Idem. ca 16● nu 15. this form of Election is to continue but so long, as the Church shall think it expedient. And if he had such title to all the rest, that Monarchy might in a vaster proportion extend itself, as far as one limb thereof, the jacobins, do in Paris: d Ren. Choppinus de jure Monast. l. 1. 'tis 1. nu. 15. to whom Philip le long, gave a Charter for their dwelling in that City, in these words: A porta eorum, ad portam Inferni, inclusive. 32 And how easily and slipperily Princes incur these censures, may be collected by Navarrus, who says, Navar. Manual. c. 27 nu. 13. It is the Catholic faith, without firm belief whereof, no man can be saved; that no Prince can erect or extinguish a benefice without the Pope; and to think the contrary (saith he) doth taste of the English Heresy. 33 Scarce any amongst themselves can escape that excommunication Dormant, which they call Bullam Caenoe; in which Navarrus reckons up so many hooks, with which it takes hold, that every honest man, and good subject with us now, aught to be afraid, lest he have not incurred it, since all they are within the danger thereof, that adhere to any, who hath bu● offended a Cardinal: of whose safety the pope's are grown so careful, that in the later Decretals it is made treason, even in a stranger and no sub●ect; In septimo. 'tis 4. c. 3. If he have any kind of knowledge, or conjecture of any harm, intended to any of them. Hiero. Gigas de laesa ma. l. 1. And the Emperor himself if he abet, or receive, or favour, or countenance any that doth, or intends personal harm to a Cardinal, Rubr. 4. q. 5. nu. 10. becomes a traitor. For they are the eldest sons of the Church, Ibid. nu. 2. and partake of the Majesty of their father. Nor are they brethren to any of less rank, but to such, their style is but vester uti frater, Ante. librum Schultingij● To. 1 as Baronius writes to Schultingius his abbreviator. And though Bishops and the Emperor swear fidelity to the pope; yet, Vbi supra. n. 6. says Gigas, the Cardinals do not take that oath, because they are parts of his body, and his own Bowels. 34 And n●t only all princes are bound to a reverend respect of them, but a Paris crassus De ceremo. Episcop. li. 2. ca 42 in solemn processions, the Image of Christ must look backward, if a Cardinal follow; and God himself in the Host, must give them place: for at the Coronation of the pope, b Cerem. Sacrae. cap. de consecrat. foe 36. when they provide twelve horses for the Pope, and one gentle one for the Host, the dignity of the place being measured by the dearness to the Pope's person; the Cardinal's place is, to ride between the Host and the Pope. And in their mysterious passages upon Ash-wednesday, c Par. crass l. 2. c. 43. when the Pope lays the ashes upon a Cardinal, he says not to him, as to all others, Memento homo, quia Cinis es, but quia pulvis es: Intimating perchance, that they are never so burnt to ashes, but that the fires of lust or ambition are still alive in them. To which, I thin●e there was some regard had, when it was so wisely provided, d Idem. l. 5. c. 27 that when a Cardinal did celebrate mass, there might enter no woman, nor man without a beard. 35 Nor doth the Pope improvidently, in advancing them with these dignities and privileges, nor in multiplying their number, so directly against the Council of Basil, e Conc. Basil. Sess 23. cap. de num●. et qualit. Card. which limits them to twenty four (except, upon uniting the Greek Church, it might be thought fit to add two more) and forbids expressly any Nephews of the Popes to be admitted. For no excess in number, f Aluares sp●cutr Dig. c. 1.24. n. 15 (though they were returned to two hundred and thirty at once, as they are said to have been in Pontianus his time; and though he should pile them up, and throw them down, as fast as those Popes which created six and twenty in one day, Theod. a Niem. de scism. l. 1, cap 12. & 57 and executed six in another) could disadvantage that Sea of Rome, if they might be provided out of the states of other Princes (as in a great measure they are) since the Church is their heir, and they are all but stewards for her. Of which the Pope gave a dangerous instance, when he put in his claim for the kingdom of Portugal, Conestaggio della unione di port. Et custig. l. 3. in princip. because the last king was a Cardinal. These princes, no secular prince may dare to offend, nor subject adhere to him, if he do, upon danger of that Bull: and yet they are made judges of the actions of all Princes, R●sp. ad Card. Colum. nu. 31. as Baronius says; and so oppressed with infinite suits against Princes, that it may be fitly sa●d of them, which job says, job. 26, 5. Ecce genuit gigantes sub aquis, & qui habitant cum eyes: which words the Cardinals will not thank Baronius for applying to them, if they consider that Lyra interprets this place of Giants drowned in the flood, and now damned and lamenting in hell. But now, a Cardinal cannot choose but be a person of great holiness and integrity, Inseptimo. Tit. 4. ca 4. since there is a Decretal in a gen●rall Council, and a Bull of Leo the tenth, which do not only Hortari, and Movere, but Statuere, and Ordinare, that every Cardinal shall be of good life. 36 And as these censures and Excommunications of the Pope, involve all causes, so do they all persons, except the Pope himself, and such company, as the Canons have appointed him in this exemption, which are, Navar. Manu. ca 27. n. 13. Locusts, infidel's, and the Devil. For these, and the Pope, says Navarrus, cannot be Excommunicated: Yet as in their exorcisms of persons possessed, it is familiar to them, when the Devil is stubborn, to call him a Menghi. Flagel. Daemo. fo. 42. Heretic, and b fo. 79. Excommunicate, so some Popes have kept him company in both those titles. And as they call their Hermit's Locusts (because as it is in Solomon, Prou. 30.27. They have no Kings, yet they go forth by bands) and accordingly the Hermits are subject to no Superior, and in that sense Locusts, as their own Glosser styles them: 16. q. 1. qui uere. gl●s. verbo. ●ere. so may they prodigally extend the name and privilege of Ine●communicable Locusts, to many in the other Orders, since as the Hermits have no kings, so many of the others wish, that none else had any King, and do their best endeavour by au●ling them, to bring them into contempt, and to an nihilate their dignity and them. In Epist. cius ms 37 He that should compare the style of Thomas Becket to his King (Olim servus, nunc in Christo Dominus) with that of David, after he knew Saul to be reproved by God, and himself anointed, (After whom is the King of Israel come out? After a dead Dog, and after a Flea?) Would suspect that this difference of st●le, was not from one Author. Saint chrysostom notes, that even to Nabuchonozor, Chrisost. ad Pop. Antioch. Ho. 23. who persecuted them for their faith, they which were condemned, said: Notum sit tibi Rex; and would not offer to the Tyrant, that contumelious name. And to profane and irreligious Princes, God himself in his Books, affords one of his own names, Christ. 38 What high styles did many Christian and Orthodox Emperors assume to themselves? The Law styles the Emperor, a Dlg. li. 31. Ti. 1.. l 87. §. Imperator. Sanctissimum Imperatorem. And his privileges, b Dig. l. 1. Tit. 4. Le. 3. Divinas Indulgentias. So Gratian and his Colleagues in the Empire, in the first Law of the Code, call their c Cod. l. 1. Tit. 1. L. 1. Motus animi, Caeleste arbitrium. And Theodosius and Valentinian making a Law with a non obstante, preclude all dispensations, which the Emperors themselves might grant, in these words, d Cod. l. 1. Tit. 2. Lc. 10. Si Caeleste proferatur Oraculum, aut Divina pragmatica Sanctio. So also Theodosius and Arcadius, when they make a Law for dispatch of Suits, begin thus, e Cod. l. 1. Tit. 4 L. 3. Nemo deinceps tardiores affatus nostrae Perennitatis expectet. And justinian in the inscription of one of his own Laws, ins●rts amongst his own Titles, Cod f l. 1. Tit. 15 Le. 3. S●mper Adorandus Augustus. And in a Law of monasterial, and Matrimonial causes, (which are now only of spiritual jurisdiction) he threatens, that if any Bishop infringe that Law, g Cod. l. 1. Tit. 3. L. 55 §. His ita. Quam nostra sanxit Aeternitas Capitis supplicio ferietur. In which style also Theodosius and Arcadius join, h Cod. l. 11. Tit. 9 l. 2. Adoraturus aeternitat●m vestr●m di●igatur. And an other proceeds somewhat further, i Cod l. 1. Tit. 2. Leg. 8. Beneficio numinis nostri. And Theodosius, and Valentinian deliver it more plainly, k Cod. l. 1. Tit. 1. L. 3. Vt sciant omnes, quantum nostra Divinitas aversatur Nestorium; and so in favour of the purity and integrity of Christian Religion, in contemplation whereof, it seems they were Religiously exercised, even at that time, when he assumed these high st●les, they proceed in the same Law, We anathematize all Nestorius' followers, according to those things which are already constituted A Divinitate nostra. And Constantius, and Irene write themselves Di●os; and the●r own Acts, Diualia● And this, Pope Adrian, to whom they writ, reprehended not; Carol Mag. l. 1. c 1. & 3. but the Emperor Charles did, and another phrase of as much exorbitance, which was, Deus qui nobis conregnat. 39 The highest that I have observed any of our Kings to have used, Glover de Nobilit. fol. 75. is in Edward the fourth, who in his creation of Marquis Dor●e●, speaks thus of himself, Cum n●stra Maiestas, ad Regium Culmen subl●●ata existat; and after, Tantum sp●endoris nostri nomen. Cassanaeus cattle Glor. par. 5. consid. 30. But a little before his time Baldus gave as much to the king of France, as ever any had; Alu●res specul. utri Dign. Epist. ad Mariam for he said he was in his kingdom, Quidam Corporalis Deus. And in our present age, a Roman Author in a Dedication of his book, thus salutes our Queen Mary: because your Highness is the strongest bulwark of the Faith, Tua N●mina supplex posco; Oratio Coesarij a Branhed●ro in subscriptione. which is also attributed to the Emperor in a late Oration to him, and to other Princes. And in some Funeral Monuments of Queen Mary's time, I have read this inscription; Di●is Philippo & Maria Regibus, Bell. R●cogn. fo. 2. which word Di●us, Bellarmine values at so high a rate, that he reputes to have bestowed it upon any of the Saints; and therefore in his la●e Recognition blots it out: which tenderness in him, another jesuit since disallows, and justifies the use of the word against Bellarmine's squeamish abstinence; S●rarius litaneuticus. l. 2. q. 6 because the word, says Se●arius, may be used aswell as temple or as fortune, which are also Ethnique words. But by his leave he is too hasty with the Cardinal, who do●h not refuse the word, because the Ethniques used it, but because they appointed it only to their Gods; Bellarmine insimulates all them, which allow that word to Saints, of making Saints Gods. 40 And though in some of these Titles of great excess, which these Emperors ass●●●'d to themselves; we may easily discern some impressions of Gentilism, which they retained sometimes, after Christian Religion had received root amongst them; as they did also their Gladiatory spectacles, and other wasteful prodigalities of men's lives; and Bondage and servility, and some other such: yet neither in them, nor in other Princes, is the danger so great, if they should continue in them, as it is in the Bishops of Rome. For Princes, by assuming these Titles, do but draw men to a just reverence, and estimation of that power, which subjects naturally know to be in them: but the other, by these Titles seek to build up, and establish a power, which was ever litigious and controverted, either by other Patriarches, or by the Emperors: for Bellarmine having undertaken to prove the Pope, De Pont. Ro. li. 2. c. 12. to be Peter's successor in the Ecclesiastic Monarchy (which Monarchy itself is denied, and not only the pope's right to it) labours to prove this assumption, by the fifteen great names, Ibid. ca 3●. which are attributed to the Popes. 41 And the farthest mischief, which by this excess Princes could stray into, or subjects suffer, is a deviation into Tyranny, and an ordinary use of an extraordinary power and prerogative, and so making subjects slaves, and (as the Lawyers say) Personas Res. But by the magnifying of the Bishop of Rome with these Titles, our religion degenerates into superstition; which is a worse danger: and besides our temporal fortunes suffer as much danger and detriment, as in the other; for Princes by their laws work only upon the faculties and powers of the soul, and by reward and punishment, they incline or avert our dispositions to a love or fear. But those bishops pretend a power upon the substance of our souls, which must be in their disposition, for her condition and state in the next life. And therefore to such as claim such a power, it is more dangerous to allow and countenance any such Titles, as participate in any signification of Divinity. 42 For since they make their Tribunal and Consistory the same with Christ, since they say a Epist. ●ij 2. ad Norinbergenses It is Heresy and Treason to decline the Pope's judgement, per ludibria frivolarum Appellationum, ad futurum Concilium, as one Pope says; since they teach, b Maynardus De privileg. Eccles. art. 27. n 15 that one may not appeal from the Pope to God himself; c Par. Crassus de Ceremo. Episcop. & Card. l. 1 c. 5 & cap. 22. since they direct us to bow at the name of jesus, and at the name of the Pope, but not at the name of Christ; for that being the name of Anointed, it might induce a reverence to Princes (who partake that name) if they should bow to that name; since they esteem their laws Divine, not as Princes do, by reason of the power of God inherent in all just laws, and by reason of the common matter and subject of all such laws (which is public utility and general good) but because their laws are in particular dictated by the holy Ghost, and therefore it is blasphemy and sin against the holy Ghost to violate any of them; 25. q. 1. violatores. since themselves make this difference between the name of God, as it is given to Princes, and as it is given to them: that Princes are called Dij laicorum, and they Dij principum; since to prove this, Maynard● de privileg. Eccles. ar. 14. nu. 1 they assume a power above God, to put a new sense into his word, which they do, when they prove this assertion out of these words in Exodus; Dijs non detra●es, & principi populi non maledices, Exo. 22 for by the first, they say, the pope's are understood, and by the second princes; when as Saint Paul himself applies the latter part to the high priest, and their expositor Lyra, Act. 23.5. Lyra in ●unc locum & Eman. Sâ. and the jesuit Sâ, interpret the first part of this Scripture of judges: Since, I say, they intend worse ends than Princes do, in accepting or assuming like Titles; and since they work upon a more dangerous and corruptible subject, which is the Conscience and Religion; since they require a stronger assurance in us by faith; since they threaten greater penalties in any which doubt thereof, which is damnation; the pope's cannot be so excusable in this excess as princes may be. And yet princes never went so far as the pope's have done, as we shall see, when we come to consider the title and power of spiritual princes. All this I say, not to encourage princes to return to those styles, which Christian humility hath made them dis-accustome, and leave off, and which could not be reassumed without much scandal, but to show the iniquity and perverseness of those men, who think great Titles belong to Kings, not as Kings, but as Papistical Kings. 43 For so at a Consultation of Jesuits in the Tower, in the late Queen's time, I saw it resolved, that in a Petition to be exhibited to her, she might not be styled Sacred. Serarius Litaneutic. l. 2. q. 4. n. 4. Though one of their own Order have observed that attribute to be so cheap, that it was usual to say, Sancti Patres conscripti, and Sacratissimi Quirites, and Sanctissimi Milites. And our English Jesuits use to aggravate her defection much, by that circumstance, that she had been Consecrated, and pontifically Anointed, and invested at her Coronation, and therefore was Sacred. 44 How great a detestation they had of her Honour, and of all Princes which profess the same Religion that she did, appears in no one such thing more, then in Quirogaes' expurgatory Index, where admitting all the reproachful calumnies of Eunapius against Martyrs, Index Expurg. Hispan. fo. 92. whose relics he calls Salita Capita, with other opprobrious contumelies, they have only expunged an Epistle of junius to her, in which there was no words concerning Religion, but only a gratulation of her Peace, and of her Learning; which also they have done in Serranus his Edition of Plato. Ibid. fol. 150. And as God hath continued his favours shown to her, upon her successor, so have they their malice: For in the second Tome of that work, Ibid. fol. 151. they have taken away an Epistle Dedicatory to his Majesty, that now is. 45 And as in many of their Rules, for that Dissection and Anatomising of Authors, they have provided that all Religion, and all profane knowledge shall depend upon their will: So have they made a good offer, that all carriage of State business shall be open to them, Instruct. circa. lib. corrig. §. 10. by expunging all such sentences, as instructor remember Princes, in that learning, which those Rules calls Rationem status, and which (because Italians have been most conversant therein) is vulgarly called Ragion di stato. For this Ragion di stato, is, as the Lawyers call it, Ius Dominationis; And as others call it, Arcana Imperij. And it pretends no farther but to teach, by what means a Prince, or any Sovereign state, may best exercise that power which is in them, and give least offence to the Subjects, and yet preserve the right and dignity of that power. 46 For it is impossible, that any Prince should proceed in all causes & occurrences, by a downright Execution of his Laws: And he shall certainly be frustrated of many just and lawful ends, if he discover the way by which he goes to them. And therefore these disguise, and averting of others from discerning them, are so necessary, that though, In Genere rei, they seem to be within the compass of deceit and falsehood, yet the end, which is, maintenance of lawful Authority, for the public good, justifies them so well, that the Lawyers abhor not ●o give them the same definition (with that Addition of public good) which they do to deceit itself. For they define Ragion di stato to be, Cumaliud agitur, aliud simulatur, bono publico. Soto de teg. secret. memb. 3. q. 3 Ad tertium. 47 And the Roman Authors do not only teach, that deceit is not Intrinsecè malum, but upon that ground and foundation, they build Equivocation, which is like a Tower of Babel, both because thereby they get above all earthly Magistracy, and because therein no men can understand one another. Nor can there be a better example given of the use of this Ragion di stato, than their forbidding it● Because nothing conduces more to the advancing of their strength, than that Princes should not know, or not use their own, or proceed by any ways removed from their discern. Indeed those books of Expurgation, are nothing else but Ragion di stato: That is, a disguised and dissembled way, of preferring their double Monarchy. And they that fordid Princes the lawful use of these Arcana Imperij, practise for their own ends, even Flagitia Imperij, which are the same things, when they exceed their true ends (which are just authority, and the public good) or their lawful ways to those ends, which should ever be within the compass of virtue, and religion. 48 Of which sort are all those enormous dispensations from Rome, which no interpretation nor pretence can iustifie● as (to omit some sacrilegious and too immodest licenses) that of Gregory the third is one, who writ to Boniface his Legate in Germany, Carranza Sum. Concil. fo. 353. that they, whose wives being overtaken with any infirmity, would not reddere Debitum, might marry other wives: which Binius hath wisely left out. 49 But they are in these expurgations injurious also to the memory of dead princes: for a Hispanic. Ind. foe 148. they will not admit our k. Edward the sixth, to be said to be Admirandae indolis, nor the Duke of b Ibid●m. Wittenberg praeclarus. They will not allow c Idem. fo. 93. Vlrichus Huttenus to be called A learned Knight: no, d Id. foe 148. neither him, nor Oebanus Hessus to be so much as good poets. But with the same circumspection, that the e Ind. Belg. ●o. 146 Belgic Index could add to Borrhaeus writing upon Aristotle's politics, in this sentence, Religionis cura semper pertinuit ad principes, this clause, & Sacerdotem; the f Ind. Hisp. foe 158. Spanish Index doth mutilate Velcurio upon Livy, and from this sentence (the fifth age was decrepit under the Popes and Emperors) takes out the Popes, and leaves the emperors obnoxious to the whole imputation. And as with extreme curious malignity, they have watched that none of our side be celebrated, so have they spied some invisible dangers, which the Pope's honour might incur: and therefore as the g Fol. 93. Spanish Copy, hath before Luther's name expunged the letter D, least it might intimate Doctor, or Diws; so the h Fo. 154. Dutch Copy, having found nothing to quarrel at in Schonerus the Mathematician, expunges in many places a great D. at beginning of Divisions, because in it (as ordinarily those great initial letters, have some figure) there is imprinted the pope's head, and by it the devil, presenting him a Bull. 50 But this inhumanity of theirs hath not deterred Thuanus from his ingenuity, in giving to all those learned men, whom he hath occasion to mention, the attributes an● epithets due to their virtues, though they be of a divers persuasion in Religion from himself: But those other men, who in a proud humility will say brother Thief, and brother Wolf, Sedulius Apol. pro. lib. Conform l. 1. c. 12. & l. 3. c. 28 and brother Ass, (as Saint Francis (perchance not un-prophetically) is said to have done) will admit no fraternity nor fellowship with Princes. 51 And though the Jesuits by the advantage of their fourth Supernumerary vow, of sustaining the Papacy, by obeying the Pope's will; seem to have gone further herein than the rest, yet the last Order erected by Philip Nerius, Congregatio Oratorij. which was said to have been purposed to enervate the Jesuits; and by a continual preaching the lives of Saints, and the Ecclesiastic story, to counterpoise with devotion, the jesuits secular and active learning, though they set out late, have aemulously endeavoured to overtake the Jesuits themselves in this doctrine of aviling Princes: Bozius For Bozius hath made all Prince's Tributary or Feudatary to the Pope, if not of worse condition. Gallonius de Cruciat. Martyrum. And Gallonius seems to have undertaken the History of the persecutions in the Primitive Church, only to have occasion by comparison thereof, to defame and reproach the laws, and Government of our late Queen. 52 But Baronius more than any other exceeds in this point, for obeying his own scope and first purpose to advance the Sea of Rome, he spares not the most obedient child of that mother, the Catholic King of Spain: for, speaking of the Title which that King hath to the Kingdom of Sicily, Baron. Annal. To. 11. Ann. 1097. n. 18 he imputes thus much to Charles the fifth, that being possessed with employments of the field, he gave way to an Edict, by which, Grande piaculum perpetratur against the Apostolic authority and all Ecclesiastqive laws were utterly dissipated: And that he joined together temporal and spiritual jurisdictions and pretended a power to excommunicate and to absolve even Cardinals, Nu 28 and the Pope's Nuntioes, and so, says he, hath raised another Head of the Church, pro monstro, & ostento. He adds with extreme intemperance, that this claim to that Kingdom was buried a while, Nu 87. but revived again by Tyrannical force, by violent grassation, and by the robbery of Princes, who commanded that to be obeyed as reasonable, which they had extorted by Tyranny. And lest he should not seem to extend his bitterness to the present time, he says, Nu. 88 those Princes which hold Sicily by the same reasons, do imitate those tyrants. And so he imputes upon all the later kings of Spain, as much usupation of Ecclesiastic jurisdiction, and as monstrous a Title of head of the Church, as ever their malice degorged upon our king Henry the eight. 53 And though in some passages of that history, he hath left some ways to escape, Card. Colum. fo. 158. paris. by laying those imputations rather upon the king's officers then upon ●he king, yet that Cardinal who hath censured that part of his work, espies his workmanship and art of deceiving, and therefore tells him, that he hath invayd against Monarchy itself, and all defenders thereof; and that him● Nor doth Baronius repent that, which he hath spoken of those kings, but in his answer to this Cardinal; he says, that if the King were impeccable, if he were an Angel, if he were God himself, yet he is subject to just reproof. Nu. 19 And in his Epistle to Phil. 3. in excuse of himself, though he seem to spare the present king, yet it is (as he professes) because he hopes that he will relinguish that jurisdiction in Sicily; else he is subject to all those reproofs & reproaches, which Baro. hath laid upon his father and Grandfather. 54 And though this were a great excess in Baronius, to lay such aspersions upon those Princes, yet his malice appears to be more general; for the reason why he makes this pretence so intolerable, Nu. 28. is, because thereby (says he) that King becomes a Monarch; and there can be no other Monarch in the world, Nu. 31. than the Pope; and therefore that name must be cut off, least by this example it should propagate, and a whole wood of monarches should grow up, to the perpetual infamy of the Primacy of the Church. And so this care of his, that no monarchs be admitted, implies his confession, that they which are monarchs have right in their Dominions, to all that which those kings claim in Sicily, which is as much as our king's exercise in England, (if Baronius do not exceed in his imputation.) 55 But because there is nothing more tender than honour, which as God will give to none from himself, being a jealous God, so neither aught his Vicegerents to do; it shall not be an unseasonable and impertinent, at most, an excusable and pardonable diversion, to observe only by such impressions, as remain in the letters between the Emperors and Popes, at what times, and upon what occasions the Clergy of that Sea insulted upon secular Magistacy; and by what either dilatory circumventions, or violent eruptions, they are arrived to this enormous contempt of Principality, as of a subordinate instrument of theirs. 56 Before they had much to do with Emperors, (for they were a long time religiously, and victoriously exercised with suffering) we may obseque in Cyprians time, Circa. 240. that he durst speak brotherly and fellowly to that Sea, and intimate the resolu●ions of his Church to that, without ask approbation and strength from thence: for to Pope Stephen, he writes, Stephano fratri; and then Nos qui gubernandae Ecclesiae libram tenemus: Cypr. Epist. 1. ad Steph. and after, Hoc facere te oportet: with many like impressions of equality: But in Fir●ilianus his Epistle to Cyprian, Binius To. 1. foe 191. written in opposition to Stephanus his Epistle; who was grown into some bitterness against Cyprian, there appears more liberty: for thus he says; Though by the inhumanity of Stephen, we have the better trial of Cyprians wisdom, we are no more beholden to him for that, than we are to judas for our salvation. He adds after, That that Church doth in vain pretend the authority of the Apostles; since in many sacraments Divinae rei, it differs from the beginning, and from the Church of Jerusalem, and defames Peter and Paul as Authors thereof. And therefore (●aies he) I do justly disdain the open and manifest foolishness of Stephen, by whom the truth of the Christian Rock is abolished. So roundly and constantly were their first attempts and intrusions resisted, and this not only by this Advocate of Cyprian, but even by himself also, in as sharp words as these, in his Epistle to Pompeius. 57 And for their behaviour to the Emperor's, as long as Zeal and Poverty restrained them, it cannot be doubted, but that they were respective enough. The preambulatorie Letters before the Council of Chalcedon, Anno 451. testify it well: Where the Letters of the Emperors, Binius To. ● i● Princip. yea, of their Wives, are accepted by the name of Divales, and Sacrae literae, and Divinae syllabae. And about the same time, Leo the Pope writing to Leo the Emperor, he says; Epist 73. Anno 457. Hanc Paginam necessariae supplicationis adieci; And in the next Epistle but one, Literas Clementiae tuae veneranter accepi, quibus cuperem obedire. So also Felix the third, to Zeno the Emperor, calls himself Famulum vestrum, Epist. 2. Circa 527. and such demissions as these; Liceat, venerabilis Imperator, exponere; And, Per mei Ordinis paruitatem audias, are frequent in him. Anno 530. And in justinian's time, which was presently after, that Church sensible of the use and need, which it had of his favour, so he would be content to extend to their benefit, prescription, which before was limited in thir●ie years, to a hundred, never grudged at t●e phrase and language of his Law, Autent. Coll. 2. prefa●●o 〈◊〉. by which he afforded the Church that privilege, though it were very high; Being willing to illustrate Rome, Lege specialj nostri Numinis, That that Church may eternally by this, remember the providence of our Government, we grant, etc. 58 And Gregory the first was, out of his wisdom at least, ●. 2. Epist. 62. if not Devotion, as temperate as the rest, when he w●it to the Emperor Maurice, to sweeten and modify that Law, which forba● some persons to enter into Monasteries; For there he calls himself Famulum, and servum: And adds this, Whiles I speak thus with my Lords, What am I, but dust and worms? To. 2. fo. 770. ●. And though Binius is loath to pardon him this dutifulness, and respect to his Princes, and therefore says, That he protested in the beginning of that Letter, that he spoke not as a Bishop, but jure privato, An. 593. n. 17. And so out of Baronius, he says, That he played another part, as upon a stage: Yet, if he wore this mask and disguise clean through the Epistle, than he spoke personately, and dissemblingly, as well with Christ, as with the Emperor, when he says: I, the meanest of Christ's s●ruants and yours. Nor do I think that Binius or Baronius would say, that he spoke personately of the Execution of the emperors Law, but that he had truly done as he said: I have done all which I ought to doe● for I have both performed my obedience to the Emperor, and I have uttered that which I thought fit concerning God. And he was wisely careful that his Letter to the Emperor, concerning his opinion of the iniquity of that Law, should not come to the Emperors inopportunely, nor as from a person of equal rank to him; and therefore he forbids his own Responsal (for the dignity of a Nuncio, was not yet in use) to deliver it, but sends it to the emperors Physician, because saith he, ●. 2. Epist. 65. Theodo. Medico. Vestra Gloria, may secretly, at some conveniet time, offer him this suggestion; And that this Physician might be confident in this employment, he assures him of his affection and Allegiance to his Prince, by this Confession, God hath appointed the Emperor to rule, not only Soldiers (which were the persons forbid in that Law) but also Priests (whose privileges seemed to be impaired thereby.) 59 With like respect doth one of his successors Vitalian, Epist. 2. An●o. 655. write to Vaanus, who was Cubi●ularius, et Chartularius Imperialis, to mediate & provide, that a Bishop unjustly deposed, might be restored. And to him the Pope affords this style, Celsitudo vestra, and addresses the deposed Bishop, Ad vestra ambulaturum vestigia, and promises that they both shall all the days of their lives, pray to God for the prosperity, and long living Suae excellentissimae Charitatis. 60 And in all this course of time, the Popes, some out of a just contemplation of their duty, some out of the need, which they had of the Emperors, from whom they received daily some additions to their immunities and exemptions, were agreeable and appliable enough to them. And when Italy suffered a dereliction, by the absence of the Emperors in the East, and thereby was prostituted and exposed to barbarous Invaders, the Bishops of this City, which was the fairest mark to invite the Lumbards' and the rest, solicited those Eastern Emperors to their succour, with all sweetness and humility; but at last, desperate of such relief, casting their eyes upon the mightiest kingdom of the West, they invited the French to their succour. Epist. 2. 61 And at this time came from them those lamentable supplications, which Stephen the third sent to Pipin and Carloman: In the first whereof, he urges them with their promise of certain lands, by them vowed to the Church: And having called them, Dominos excellentissimos, and spiritualem Compatrem, and prepared them with words of much sweetness, Mellifluam bonitatem, Mellifluos obtutus, and such, he comes to the point: That which you have offered to Peter by promise, you ought to deliver him in profession, lest when the Porter of heaven, the Prince of the Apostles, at the day of judgement shall show your hand-writing you be put to make a more strict account with him. So therefore he felt and lamented their slackness in endowing the Church; yet at that time he would not undertake to be the judge, nor make the Camera Apostolica the Court; but he refers it to Saint Peter, and to the last day, and only remembers them, That Dominus per meam humilitatem, mediant B. Petro, vos unxit in reges. 62 The next letter written in the person of the Pope, and all the Roman people, and Roman army, et omnium in afflictione positorum, is an earnest and violent conjuration; per Deum viwm vos coniuro, Save us, most Christian Princes before we perish; the souls of all the Romans hang upon you, and so forth. And when all this did not effectually stir them to come, as the letter solicited, Cum nimia festinatione; then came a third letter in the name and person of Saint Peter himself, Epist. 4. in this style: I Peter the Apostle, and by me all the Catholic Roman Church, Head of all the Churches of God, vobis viris excellentissimis. I Peter, exhort you, my adopted Sons, to defend that house, where I rest in my flesh: and with me Marry, with great Obligations, advices, and Protests, and so forth. And whatsoever you shall ask of me, I will give you. If you do not perform this, know ye, that by the authority of the Apostleship given me by Christ, you are alienated from the Kingdom of God, and from life everlasting. 63 And when Stephen the fourth came to that Sea, and tha● the sons of these Princes began to incline to alley themselves by marriage with the Lombard's; the Pope seeing then his whole temporal ●ortune at the stake, neglects no way of withdrawing them, from that inclination: he says therefore, Saint Peter, by our unhappiness, beseecheth your Excellence: Epist. Steph. 4. ad C●rol. et Ca●lom. An. 831 and then, vouchsafe to bend your ears, inspired by God, to our Petition, and to him whom we have sent, ad regal vestrum Culmen. And then, in an inconstant distemper, he threatens, and he promises in St. Peter's name, as bitterly, and as liberally, as his predecessor had bid S. Peter himself to do, in the former Epistle. 64 And when these Princes after much entreaty, had delivered Italy from the infestation of the Lombard's, and divided the profit and spoil with the Church, and that that Sea had recovered some breath and heart, than their bishops began to reprehend with some bitterness, the Eastern Emperors: And then came that notorious letter of Nicholas to Michael the Emperor; Nichol. Epist. circa. 874. In which though he style him, Superatorem Gentium, pr●ssimum filium, Dulcissimum, Tranquillissimum (for as yet he doubted that he might be necessary to him) yet he calls him also Goliath, and himself Hymnidicum Davidem. And part of the quarrel was, because the Emperor had written Insolentia quae●am, cert●ine unusual phrases: which were, ●ussimus, ut quosdam ad nos mitteretis: for, says Nicholas, Honorius said to Boniface, Petimus; and other Emperors, Inuitamus, and Rogamus, and Constantine and Irene, Rogamus, magis quidem Dominus Deus rogat: which phrase, though Charles the great, at that time, 〈◊〉 1. ● 4. when it was written, reprehended, and allowed a whole Chapter in his book for the reproof thereof, yet not only that Pope dissembled it, but this draws it into example and precedent. 65 And in this letter the Pope gives the Emperor some light, that he is not long to enjoy the style of Roman Emperor; for he having despised the Roman tongue as Barbarous, (as every Prince loves to be saluted in his own, or in an equal language) the Pope replies: That if he call the Roman tongue barbarous, because ●ee understands it not, it is a ridiculous thing, to call himself Roman Emperor. 66 And thus having at once received and recompensed a benefit, by concurring in the advancement of the French to the Empire, they kept good hold upon that Kingdom, by continual correspondencies, and by interceding with those Kings, for p●rdons and favours, when any delinquents fled over to them, and by advising them in all emergent causes, and by doing them many services in Italy, and so establishing the Empire in that family, upon good conditions to them both. For so john the eight writes to Charles, as well to refresh his benefit in his memory, as the reasons that moved him to confer it. Well knows your Kingly Highness, Epist. 216. that I was desirous a long time, for the profit and exaltation of the Apostolic Sea, to bring you Ad Culmen Imperij. And as we with all our endeavour, have desired to give perfection to your Honour and glory, you also must perform those things, which are profitable to the utility and exaltation of that Seat. And there he adds, That for Conference about that, he came to meet him at Ravenna, leaving his own Church in the cruel hands of enemies. And in the next Epistle, he sends to the same purpose his Nephew Faru●fus, Epist. 217. Deliciosum consiliarium nostrum; Because, sa●es he in another place, We desire greedily to accomplish this. And yet at this very time, Epist. 230. for his better indemnity, he practised with the Eastern Emperor, and kept fair quarter with him also, as appears by his Letter to him. Epist. 251. 67 Having thus established a stronger reputation, and laid earnest Oblig●tions upon France, and by example and authority thereof, in other places also, they began to feel their strength, and to draw their swords as far as they would go, which was to excommunication, even in France itself. 68 But because in the excommunications issuing in ●hese times, and in the ti●es between this, and Gregory the seventh, and perchance in some b●fore this time, there is found often mention of punishment after excommunications whi●h hath occasioned some to err in an opinion, that besides spiritual censures, temporal penalties were also inflicted upon private persons, and consequently eradication upon Princes, we w●●l arrest, and stay a little upon the style and phrase of some of those excommunications, by which it will appear, that they intended nothing but spiritual punishment. 69 The first which I have observed, is a letter of Innocent the first, Epist. 30. to Arcadius the Emperor, whom he thought guilty of the eiecting & of the death of chrysostom: His words are; Ego minimus & peccator, segrego te a perceptione mysteriorum Christi. This than went no farther than to deprive him of spiritual food, and the Pope (if tha● Epistle be genuine) was very hasty in it; for the Emp●rour discharged himself presently, by pleading ignorance of the fact; which that Bishop ought to have tried, before he had proceeded to excommunication. chrysostom himself, whose quarrel it was, De verb. Esaiae. Hom. 4 To. 1. ●o. 207. had taught sufficiently the limits of that jurisdiction; for he said, When the Priest had reprehended Ozias, De spreto Sacerdotio, he could do no more; for it is his part only to reprove, and to persuade, not to stir war: and he adds, that God himself (to whom only it belongs to punish so) inflicted a leprosy upon the King, in which (says he) we see Humanitatem Divinae ultionis, who sent not lightning, nor shaked the earth, nor moved the Heavens: So far was chrysostom from counselling any such punishment, as should be accompanied with tumult. 70 And so a just estimation, and true understanding of their liberties, in Ecclesiastic causes, were the Fathers in the Council at Ephesus arrived, Binius To. 1. ●ol. 803. when in that Synodical Letter to the Emperor, which they call, Libellum supplicem, they make this protestation, The scope of our profession provides, that we be obedient to all Princes and Potentates, as long as that obedience brings no detriment to our Soul●● health; but if it come to that, we must dare to use our liberty, Aduersus Regium fastigium. And how far, may this courage and liberty carry us, if the Prince command any thing in detriment of our soul? As far, as tho●e Fathers durst adventure upon that ground, which they expressed thus to the Emperor, If you approve the banishment of C●rill and Memnon, which were banished by persons Excommunicate, then know you, that we are ready, with that alacrity which becomes Christians, to undergo any danger with them, that is, to suffer as they go. 71 But about this time of john 8. it was very frequent, that Excommunications had a farther comminatory clause. Ep●st. 123. For so, against a Bastard of Lotharius, who had broke an Oath made to a French King, he says, We deprive him of all Christian communion, Ep●st. 165. L●i●●es●ido. and if he persever, let him know, that Anathematis vinculis innodabitur. So to an Earl and h●s Lady, which had seduced a Nun from her profession, ●e says, We separate them from the body and blood, and all fellowship with Christians, and if they neglect to restore her, Anathemate innodamus. So in the next Epistle he threatens a Bishop, Epist. 166. V●iberto. that refused to come to him, Know that you are to be Excommunicate, and if you persever, A Communione alienandus. And against another Bishop, and his whole charge he pronounces Privation from the Communion, separation from the Church, and except they convert, Maioris damnationis sententiam, and with such as these, his time abounds. 72 And his predecessor Adrian the second, Epist. 18. had gone thus far towards the King of France, when he attempted to invade his Brother's Dominion, We admonish you, by our Apostolic Authority, and by all spiritual means, which we may use, we persuade you, and in a Fatherly effection command you to forbear; els●, we will perform t●at which belongs to out ministery. Epist. 24. But in another letter to his Nobles, he threatens them, That if they aid the Father to war against the Son, who was then in his displeasure, They shall not only be enwrapped in the bands of Excommunication, but cast into hell, Vinculis Anathema●is. And this john the eight, Ep●st 28. at the same time when he allows him all due attributes, & desires him to incline his sacredeares to him, Epist. 42. threatens Charles' himself, that if he restore not certain things, taken from a Nunnery, by a certain day, He should be Excommunicate till restitution, and if, being thus lightly touched, he repented not, Durioribus verberibus erudie●dus erat. 73 So that whether this farther punishment were no other, then that which is now called excommunicatio Maior, or that which is called in the Canon's Anathema maranatha, the denouncing of which, and the absolving from it, was acted with many formalities, 21. q. 3. cum aliquis. and solemnities, and had many ingredients, of burning tapers, and divers others, to which none could be subjecteth without the knowledge of the Archbishop, 11. q. 3. Nemo. it appears that it now here extends to temporal punishment, or forfeitures and confiscations. Anno 1063. 74 Of which there appears to me no evidence, no discernible impression, no just suspicion, till Gregory the sevenths' time: And then, as it may well be said of Phalaris his letters, that they were all writ for execution, and of Brutus his letters, that they were all Privy Seals for money: so may we ●ay of Gregory's judging, by the frequency thereo●, that they were all choleric excommunications; and that with Postscripts worse than the body of the letter; which were Confiscations, never found in his predecessors, which should have been his precedents. 75 And for this large and new addition of Eradication, I. 2. Ep. 5. he first threatened it to the Fench King, and then practised it effectually upon the Emperor. To the Bishops of France he writes, That their King Philip is not to be called King, but a Tyrant, which by persuasion of the Devil is become the cause and the head of all mischief: Therefore (says he) all you must endeavour to bow him. (And thus far his Pastoral care might bind him) And to show him, that he cannot escape the sword of Apostolic animadversion (and thus far his jealousy of his spiritual Primacy might excuse him.) But when he adds, Depart from communion with him, and obedience to him, forbid Divine Service throughout all France, and if he repent not, we will attempt to take the Kingdom from his possession they are words of Babel, Li. 2. Ep. 18. which no man at that time understood: yet he writes in the same tenor to the Earl of Poicton, That if the king persevere, both he and all which give any obedience to him, shall be sequestered from the communion of the Church, by a Council to be held at Rome. So assuredly, and confidently could he pronounce before hand of a future determination in a Council there. 76 And of his own severity, used towards the Emperor, whom upon severe penances he had resumed ●nto the Church, he blushes not to m●ke an Historical Narration, to the Bishops and Princes of Germany, thus: He stood three days before the gate, despoiled of all Kingly ornaments, miserable and barefoot; till all men wondered at the unaccustomed hardness of our minds. And some cried out that this was not the gravity of Apostolic severity, but almost the cruelty of Tyrannique savageness. 77 And when Rodulphus whom he had set Li. 4. Ep. 12. up against the Emperor, Lib. 9 ●p. 3. was dead, seeing now, as himself confesses, almost all the Italians inclined to admit the Emperor Henry, even they whom he trusted most (for so he says, e'en omnes nostri fideles) he protesteth that Rodolphus was made without his consent, Li. 9 Ep. 28. Ab vltramont●nis, and that he went to depose him, and to call those Bishops to account which adhered to him● And then he writes to certain Prelates, L. 9 Ep. 3. to slacken the Election of a new Emperor, and gives instruction what kind of person he would have to be elected; One which should be obedient, humbly devout, and profitable to the Church: and that would take an oath to do any thing which the Pope would command him, in these words: Per veram obedientiam; and that he would be made a Knight of Saint Peter, and of the Pope. 78 But although many watchful and curious men of our Church, and many ingenious of the Roman, have observed many enormous usurpations, and odious intemperances' in this tempestuous Pope Gregory the seventh, and amongst them, almost anatomised every limb of his Story; yet it may be lawful for me, to draw into observation, and short discourse, two points thereof, perchance not altogether for their unworthiness, pretermitted by others: Of which the first shall be the form of the excommunication against Henry, because by that it will appear what authority he claimed over Princes: And the other ●ha●● be ●is lette●●o a Bishop, who desired to draw from him, some rea●ons by which he might defend that which the Pope h●d done; because by that it will appear, upon what foundations he grounded th●s pretence and authority. 79 The excommunication is thus delivered; Con●tradico ei, Binius. To. 3. fo. 1282. A. I deny him the government of all the kingdom of Germany, & of Italy: and I absolve all Christians, from the band of the oath, which they have made to him, or shall make: and I forbid any man to serve him as his king: for it is fit, that he which endeavours to diminish the honour of the Church● should lose his own honour. And because he hath contemned to obey as a Christian, participating with excommunicated persons, and despising my admonitions, and separating himself from the Church, I tie him, in vinculo Anathematis. By which we see, that he begins with Confiscation: And because it had never been heard, that the Pope's authority extended beyond Excommunication, therefore he makes Deposition a less punishment than that, and naturally to precede it: for he makes this to be reason enough, why he should forfeit his dignity, because he attempted to diminish the Dignity of the Church: But for his Disobedience to the Church and him, he inflicts Excommunication as the greater, and greatest punishment which he could lay upon him. And it is of dangerous consequence, if Excommunication b● of so high a nature, and of so vast an ex●ent, that wheresoever it is justly inflicted, that presupposes Confiscation and Deposition. 80 And another dangerous prejudice to the safet●e of all Princes, ariseth out of this precedent, which is, that he absolves the Subjects of all Oaths of Allegiance, which they shall make after that Denunciation: For if his successor that now governs, shall be pleased to do the same in England at this time, and so give his party here such leave to take the Oath of Allegiance; doth he not thereby utterly frustrate and annihilate all that, which the indulgence of a merciful Prince, and the watchfulness of a diligent Parliament, have done for the Prince's safety, and for distinction between traitorous and obedient subjects? Yet both this Deposition, and this Absolution of subjects and this Interdiction were all heaped, and amassed upon a Catholic Prince, before the excommunication itself, or any other fault intimated the diminishing of the honour of that Church, ●●. S. Sp. 21. Episco. Met●nti and participating with excommunicated persons. 81 And now we may descend to the survey of that letter, which he writes to a Bishop, who desired to have something written by him, whereby he might be helped and armed against such as de●yed that by the authority of that Sea, he could excommunicate that Prince, or absolve his subjects. First therefore he says, That there are many, and most certain Documents in the Scriptures to that purpose, of which he cities, 〈◊〉 which are ordinarily offered, as Tu es Petrus, and Tibi dabo Claves, and Quodcunqe ligaue●is: and then he asks, Whether Kings be excepted? But, Kings are not excepted; but this proceeding against Kings is excepted: That is, it is not included in that Commission, as hath been enough and enough proved by many. 82 Then follows that testimony of Gelasius a Pope, That Priesthood is above Principality, and that the Bishop of Rome is the chief Priest, If we allow both Testem, & Testimonium, yet the c●use is safe; he may be ●boue all, in some functions, yet not in temporal. 83 His next authority, is julius, another Pope, who expounding the words, Tibi dabo Claves, to certain Eastern Bishops, says, Shall not ●e that opens heaven, judge of the earth? But this doth as much destroy all judicature and all Magistracy, as justify the deposing of ●ings. 84 After this, he cities (though not as Gregory's words are) a privilege granted by Gregory the fi●st, to a Monastery and deprivation from secular dignity, and excommunications to any that in ●ringe that privilege. And this privilege Bellarmine also produces, to prove the Pope's sovereignty in temporal mat●ers. It is the pr●uiledge of the Monastery of S. Medard, De Ponti● l. 1. c. 7. §. Quar●●m which is in Gregory's Epistle: and it is cited by this other Gregory, L. 2. post. Ep 38. it makes deposition the lesser punishment, and to precede excommunication, for he says; That Gregory though a mild Doctor, did not only depose, but excommunicate the transgressors: But both this Pope that cities it, deceives us, by putting in the word Decrevit, as though this had the solemnities of a Pope's Decree, which presumes an infallibility, and Bellarmine deceives us, by mutilating the sentence, and ending at that word Honore privetur: for he that reads the whole sentence, shall see, that all this Decree of Deposition and Excommunication, was no more than a comminatory imprecation, to testify earnestly the Founder's affection to have those privileges observed, and deter men from violating thereof; as the vehemence and insolent phrase of the Instrument do intimate, by a bitterness unusual in medicinal excommunications: For all the curses due to Heretics; and all the torments which judas endures are imprecated upon him; & it is subscribed not only by Gregory, with 30. Bishops, but by a King and a Queen, no competent judges (in this Gregory's opinion) of faults punishable by excommunication. Li. 11. Ep. 10. 85 And the same Pope in erecting of an Hospital, and endowing it with some immunities, uses the same language, that the infringers thereof, should lose all their power, and honour, and dignity, and after be excommunicate; and yet this is never produced, nor understood to confirm his temporal sovereignty. 〈◊〉. 96. Constantinus. 86 The Donation of Constantine, which was not much less than 300. year be●ore this, end in like words: If any man violate this Donation, let him be eternally condemned, let him find Peter and Paul in this life, and in the next his enemies, and le● him perish with the Devil and all the reprobate, burning in Inferno inferiore. And will they from this argue in Constantine a power, to open and shut hell gates? And will they endanger all those Catholic authors to this eternal damnation, which have violated this Donation of Constantine by public books? 87 And ●uch a Commination as this of Greg●ry appears in a Canon of the first Council at Paris, An. 553. ca 5 Sumna Carranze. not long before his, where it is threatened, that whosoever shall ●eceiue a person suspended from the Communion, himself shall be separated A concordia fratrum, and (as we hope, or trust) shall sustain the wrath of the eternal judge for ●uer. And (not to insist long upon examples of such imprecations) about 160 year after Gregory, Paulus 1. erecting a Monastery in his own house, ma●es this Constitution; Baron. ● Annal. To. 9 fo. 319. Anno 761. If any of the Popes, our successors, or any mighty or Inferior person, of what dignity soever, alien any of these things, let him know, that he is anathematized by Christ and Peter, and estranged from the Kingdom of God: and that he shall give an account thereof to the Saints, in the day of judgement: For (sayeth he) I desire the judge himself, that he will cast upon them the wrath of his power, that their life may be laborious and mournful, and they may die consuming, and may be burnt eternally with judas, in hell fire, in voragine chaos And that they that observe this Constitution, may enjoy all blessedness at the right hand of God. 88 And when in the behalf of the Kings of Spain, the same argument is made for them, that because there are many Diplomes extant in Sicily, by which the Kings Anathematise in●ring●rs of their Constitutions, that therefore they exercised Spiritual jurisdiction: Vbi supra. Baronius says, that this argument is ridiculous, because i● is hard to find any instrument of Donations from Princes, or from private men, or from women; in which these bitter forms of excommunication are not: Which (says he) do not contain any sentence of excommunication, but Imprecations to deter other, as every man was at liberty ●o do, when he made any such grants. So that Baronius hath laughed out of countenance this argument upon Medardus privilege, which hath been so o●●en, and so solemnly offered and iterated. And it appears hereby that the punishments mentioned in these Constitutions, were not such as the maker's thereo● could inflict, but only such as ●hey wished to fall upon them that offended: and such I doubt not, was Gregory's Imprecation, in his successors interpretations, that is, that he wished all Kings to be deprived. L. 4. Ep. 2. 89 His next reason why Princes may be deposed by Priests, is the diversity of their Beginning and first Institution● for, as before he had said to another Bishop of the same place, Regal Dignity was found out and invented by human pride, but Priests were entitled by the Divine piety, So here he repeats it with more contumely; Who knows not that Kings had their beginnings from those men● who being ignorant of God, and provoked by the prince of the world the Devil, through Pride, Rapine, Perfidiousness, Murder, and all wickedness, affected a government over their equals, by a blind Ambition, and intolerable presumption. 90 Then he proceeds to the examples, of Innocent who excommunicated Arcadius, and of Zachary who deposed Childerique. The first of which is not to the purpose, Except Excommunication presume Deposing which Innocent intended not. And the second hath been abundantly, and satisfactorily spoken to, by very many of ours, and of their own authors, who determine it roundly, 15.9. b. Alius. glo●●er. Deposuit. Deposuit, id est, Deponentibus consensit. 91 And therefore insisting little upon these, he makes haste to that wherein he excels, which is, to reproach and debase the State and Order of Kings. For he says, That even Exorcists (which is no sacred order) are superior to Princes. Nor is his intemperance therefore excessive, because he subjects men to such as are in the way going towards Priesthood, for that will be still upon the old ground, that priesthood is in an incomprehensible distance and proportion above principality, but his reasons why Exorcists are above Princes, discovers more malignity to Princes absolutely; which is, That since they are above the Devil himself, much more are they Superior to those which are subject to the devil, and members of the devil. Nor could his argument have any life or force here, except he presumed Kings to be poisoned & corrupted by the very place, & by the order itself; for otherwise, if he meant it only of vicious Kings, why should he institute this comparison of Exorcists and Kings, since it ought to be of Exorcists and vicious men? And therefore (as he says after in this Epistle,) That he finds in his own experience, that the Papacy either finds good men, or makes them good, and that if they want goodness of their own, they are supplied by their predecessors, and so, Aut Clari eriguntur, aut Erecti illustrantur: So he thinks either, that only members of the devil come to be Kings, or that kings grow to be such, when they are kings. For so much he intimates even in this place, when he says, In Regal dignity very few are saved, and from the beginning of the world till now, we find not one King equal in sanctity to innumerable Religious men. What King hath done any miracles? To what King have Churches or Altars been erected? How man● Kings are Saints? Whereas, only in our Sea there are almost a hundred. 92 And thus I thought it fit to run over this Letter, because here s●emes the first fire to have been given, and the first drop of poison to have been instilled of all those virulenc●es and combustions, with which the later Authors in that Church, are inflamed and swollen up, in this point of aviling Princes. Of which rank, this Pope had respect to none, but those who were really profitable to him: Nor have I observed any words of sweetness in him towards any of them, but only to our King the Conqueror, and to one King of Spain. To ours he says, L. 1. Epist 70. We account you the only man amongst Kings, that performs his duty, and this he ●ayes, because ●e should grant more to God, and Saint Peter, and Saint Stephen, and be vigilant upon Saint Peter's estate in England, that he m●ght find him a propitious debtor. ●. 9 Epist. ●. And to the king of Spain he says, The present which you sent me, is so ample, and so magnificent, as became a King to give, and Saint Peter to receive; and you show by your present, how much you esteem him. 93 And such Princes as these he was loath to lose: For he accounted that a loss, which now they call the only perfection, that is, to enter into a Religious and regular Order. L. 6. Epist. 17. Abbati Cluniac. For this Gregory chides an Abbot bitterly, for admitting a Prince, who might have been profitable to his state, into the Cloister. For he says: To do so, is but to seek their own ease; and now, not only the Shepherds depart from the care of the Church, but the Dogs also; which he speaks of Princes. He tells him, That he hath done against the Canons, in admitting him: and that he is therein an occasion, that a hundred thousand persons do lack their guide. And therefore says he, Since there are scarce any good Princes to be found, I am grieved that so good a Prince, is taken away from his mother; That is from the Church, as it must necessarily be intended in this Epistle. So pliant and serviceable to his uses, would Gregory make Regal dignity, or else break it in pieces. Binius To. 3. pa. 2 fol. 1196. 94 And where could our later men find better light in this mischievous and dark way, then in this Gregory's Dictates, of which, these are some, That only the Pope may use Imperial Ornaments; That all Princes must kiss his feet: That only his Name must be rehearsed in the Church; That there is no other Name in the world, with many such transcendencies. And accordingly he is well seconded by others, Cassanae. Catal. G●or. pa. 4. Consid. 7. which say, that he is Superillustris; and may not be called so neither, because he is so much above all Dignity, that our thought cannot extend to his Majesty: And to prevent all opposition against it, Baldus in a choler says, That he that says the contrary, Lies. 95 And upon what place of Scripture may ●hey not build this supremacy, and this obedience to it, after a Pope, who is heir to an Active and Passive infallibility, and can neither deceive nor be deceived, L. 4. Epist. 2. hath extorted from Samuel, so long before the Apostolic Sea was established, a testimony, That not to obey the Apostolic Sea, 1. Reg. 15. was the sin of Idolatry, teste Samuele: which he iterates again, and again in divers other Epistles. 96 From this example, and from this liberty proceeds that malignity, wherewith the later writers wrest every thing to ●he disgrace of Principality. By this authority Symancha draws into consequence, E●chird. Ind. Tit. 21. n. 9 and urges as a precedent to be imitated, the example of the Scythians, who killed their king for admitting some new rites in divine worship; Which (says Simancha) was justly done; for the Subjects of heretical Princes are delivered from their jurisdiction. And in like manner, Schultingius an Epitomiser of Baronius, Schultingius. Thesaur. Antiq. Eccles. To. 1. c. 8. & 243. finding in him out of Strabo, that in Egypt the Priests had so much authority over the Kings, that sometimes by a bare message they would put one King to death, and erect another: and repeating the same gloriously and triumphantly a second time; at last in a Marginal note he claims the same authority for the Pope, when he notes, and says thereupon, The supreme authority of the Clergy, is proved against the Caluinists: So that we may easily discern, by these examples which they propose for imitation, what authority they aim at. But Schultingius might also have observed, as a prophecy of the ruin of their usurpation, Diod. Sicul. Bibliot. l. 4. ca 1. that as soon as a learned and understanding king Ergamenes, came amongst them, he took away that custom. Bell. de Pont. l. 2. c. 2. §. Nec valet. 97 From this liberty, Bellarmine also, to the danger of any Prince, differing in any point from the integrity of the Roman profession, hath pronounced, That Heretics are deprived of all ●urisdiction, even before excommunication. Ide. d● Concil. ●t Eccles. l. 1. ●. 2. § Esse autem. And that therefore an Emperor cannot call a Council, because that must be done in Nomine Christi: and that Princes have not their precedencies, as they are members of the Church, for so Ecclesiastic Ministers are above them. Id●. de●aicis. l. 3 c. 17. § In quem 98 And this hath made a Contry-man of ours deliver as mischievous doctrine, Say● Thesaur. C●s. Consc. par. 1. l. 1. c. 6. nu. ●0 that the power of excommunication, is got by prescription; And so says another great Patron of that greatness, the Priests obeyed the Kings of Israel, but contrarily our Priests do prescribe over the temporal power. Stephanus De 〈◊〉. p●d. pont c●. 16. § quare And Sayr proceeds further, and says, that though Panormitane be of opinion, That one can prescribe in no more than that which he hath put in practice, yet if he have so exercised any one act of jurisdiction (as excommunication is) as that he had a will to do all, he prescribes in all. And there is no doubt, but that when Pius the fifth excommunicated, he had a good will to Depose also. 99 From this also have proceeded all those enormous dejections of Princes, which they cast and derive upon all Kings when they speak them of the Emperor: for though the later writers, are brother with the Emperor, and chose rather to exemply in him, then in any other Sovereign Prince; upon this advantage, that they can more easily prove a Supremacy over him, by reason of the pretended translation of the Empire, yet it is a slippery way and conveyance of that power over all other Princes; since in common intendment and ordinary acceptation, no man can be exempt from that, to which the Emperor is subject. And of the Emperor they say, a Hiero. Gigas de laesa may. l 1. Rubr. 4. q 2. n. 5. That not only he may be guilty of ●reason to the Pope, b Ibid. q. 4. n. 2. but if a subject of the Pope offend the Emperor, the treason is done to the Pope. Yea, c Ib. q. 1. n. 8. if it be the emperors subject, and the injury done to the Emperor, yet this is treason to the Pope: So that the Emperor doth but bear his person; for in his presence he must descend: and in d Ceremo. Sacr. Ca de Concil. a Council his ●eate must be no higher, than the Pope's footstool, nor any State he hung over his head. 100 And from hence also hath grown that Distinction, Superstitious on one part, & Seditious on the other, of Mediate and Immediate institution of the two powers: for Ecclesiastic authority is not so immediate from God, that he hath appointed any such certain Hierarchy, which may upon no occasion suffer any alteration or interruption: Nor is secular authority so mediate, or dependent upon men, as that it may at any time be extinguished, but must ever reside in some form or other. And Bellarmine himself confesses, That as Aaron was made Priest over the jews, D● tr●nsl●t. In p. l. 1. ●. 8. in p●●●cip. and Peter over the Christian Church, immediately from God, so also some Kings have been made so immediately without human election, or any such concurrence: So that Regal Digni●y hath had as great a dignification in this point from God, as Sacerdotal; and to neither hath God given any necessary obligation of perpetual enduring in that certain form. So that, that which Bellarmine in another place says to be a special observation, De Pont. l. 2. c. 17. §. Obseruandum. we acknowledge to be so: which is, That in the Pope are three things; His place, his person, and the union of them: the first is only from Christ, the second, from those that elect him, and the third from Christ, by mediation of a human act. And as we confess all this in the Pope, so hath he no reason to deny it to be also in kings: he adds further, That the Cardinals are truly said, To create the Pope, and to be the cause why such a man is Pope, and why he hath that power; but yet they do not give him that power: as in generation, a father is a cause of the union of the body and soul, which yet is infused only from God. And in all this we agree with Bellarmine; and we add, that all this is common to all supreme, secular, or Ecclesiastic Magistrates. 101 And yet in Hereditary kings, there is less concurrence, or assistance of human means, then either in elected kings, or in the Pope himself: for in such secular states, as are provided by election, without all controversy the supreme power, in every vacancy, resides in some subject, and inheres in some body, which as a Bridge, unites the defunct, and the succeeding Prince. And how can this be denied to be in the College of Cardinals, a Theod. a Ni●m de schism. l. 3. c. 1. If (as one says) the dominion temporal be then in them, and b Sayr Thes. Cas consci. par. 1. l. 2 c. 20. nu. 20. that they in such a vacancy, may absolve any, whom the Pope might absolve. If therefore in all the cases reserved to himself, as namely in deposing Princes, and absolving subjects, he proceed not as he is Pope, but as he is spiritual Prince, as Bellarmine says, De Pont. l. 5. ca 6 and we shall have occasion hereafter to examine; If that College may absolve subjects as he might, this supremacy and spiritual Principality resides in them, and is transferred from them to the Successor. 102 Certainly all power is from God; And as if a company of Savages, should consent and concur to a civil manner of living, Magistracy, & Superiority, would necessarily, and naturally, and Divinely grow out of this consent (for Magistracy and Superiority is so natural and so immediate from God, that Adam was created a Magistrate, and he derived Magistracy by generation upon the eldest Children, and (as the Schoolmen say) if the world had continued in the first Innocency, yet there should have been Magistracy.) And into what manner and form soever they had digested and concocted this Magistracy, yet the power itself was Immediately from God: So also, if this Company, thus grown to a Commonwealth, should receive further light, and pass, through understanding the Law written in all hearts, and in the Book of creatures, and by relation of some instructors, arrive to a saving knowledge, and Faith in our blessed saviours Passion, they should also be a Church, and amongst themselves would arise up, lawful Ministers for Ecclesiastic function, though not derived from any other mother Church, & though different from all the divers Hierarchies established in other Churches: and in this State, both Authorities might be truly said to be from God. 1.2 ae. q. 103. ad 3 To which purpose Aquinas says expressly and truly, That Priesthood (that is all Church function) before the Law given by Moses, was, as it pleased men, and that by such determination of men, it was ever derived upon the eldest Son; De Pont. l. 1. c. 9 § Potest etiam. And we have also in the same point Bellarmine's voice and confession, That in that place of S. Paul to the Ephesians, Ephe. 4.11. which is thought by many to be so pregnant for the proof of a certain Hierarchy, The Apostle did not so delineate a certain and constant Hierarchy, but only reckoned up those gifts, which Christ gave diversly, for the building up of the body of the Church. 103 To conclude therefore this point of the distinction of Mediate and Immediate Authority, a Council of Paris under Gregory the fourth, An. 829. Binnius To. 3. ●ar 1. fo. 562. ca 5. and lodovic and Lotharius Emperors, which were times and persons obnoxious enough to that Sea, hath one express Chapter, Quod Regnum non ab hominibus, sed a Deo detur. There it is said, Let no King think that the Kingdom was preserved for him, by his Progenitors, but he must believe that it was given him by God. For he which is King of men, had not this Kingdom from men, but from God: And so he proceeds to apply many places of Scripture to this purpose, to the shame and confusion of them, who to overthrow, or subject secular principality, detort Scriptures for the advancement of Ecclesiastic immunities: As in the Septimes, that new limb of the body of the Canon Law, those privileges are proved to be jure Divino, In 7. l 2. Tit. 1. De for. comp. Ca 1. glos. verbo, cum ipso. out of the word of the Psalm, Nolite tangere Christos meos, which was spoken of all the Children of Israel, as they were protected in their passage to the land of Canaan, and cannot be appropriated to Priests only. 104 And from this liberty which men of this Religion, have taken to speak slightly, and malignantly of the Person and dignity of Kings, a long and inveterate custom hath so wrought upon them, that it hath carried them farther, and made them as bold with the word of God himself. Out of which they can deduce principal and direct Prophecies for every passage in Saint Francis his story. For a Sedulius. Apol. cont. Alcora. Francisca. l. 2. C. 1. the Dream of Pharaoh's officer (A vine was before me, and in the Vine were three branches) signifies Saint Francis, Gen. 40.10. and the ●hree Orders derived from him, says the Book of Conformities, and Sedulius the fresh Apologer thereof. So he says, b Sedul. l. 2. c. 1. Luc. 12.32. Christ prophesied of this Order; and it is fulfilled in this Order which he said, Fear not little flock, for it is your Father's pleasure, to give you the Kingdom. And c Sedul. l. 3. c. 13 Psal. 118. of these it is spoken, says he, The sound of them is gone into all Nations. Of these profanations the examples are too frequent; for as they have fitted all other things spoken of Christ, to Saint Francis in the Book of Conformities, so doth d l. 1. Ca 18. Sedulius maintain the giving to him, the title of jesus of Nazareth, King of the jews. 105 So also must the Scriptures afford prophecies for every rag and inch of the Sindon, which wrapped our Saviour in the Sepulchre. For in e Mallonij Notae in Paleotum de Syndone. l. 1. C. 1. Nu. 18. that Liturgy or Office, (as they call it) which is appointed by the Pope to be said in the Chapel where this Sindon is preserved, all those places of Scripture, which speak of Christ's body sprinkled with blood, are referred and said to be intended of this Sindon. And therefore says the Author thereof, Since the Pope hath so applied them, this exposition thereof cannot be reprehended. 106 By this licence they give all the names of Christ to the Pope; f Extrava. Io. 2●. Cum inter. glos. in fine. yea the name of God himself; And of a Litter Leo. 10. p●r B●nchum. l. 8. Ep. l. 17. Goddess to our Lady. And by this licence did b Gretzer. Cont. Hassenmiller. ●o. 141. Crusius the jesuit, call Ignatius Constitutions the Decalogue: because says Gretzer, his fellow jesuit, Metaphorically and instruction of our life, is called the Decalogue. 107 Nor can these blasphemous detorsions, & bold mis-applications, besalued, by Sedulius his guilty excuse, that they c Sedul. Apol. prefet. are somewhat too freely written, according to the simplicity of the age, And d l. 1. C. 9 such as some men would rather wish unwritten, and e l. 1. C. 18. Circumspect men wished unsaid; And some things too f Ibid. & C. 20. rawly, somethings too courageously uttered. And these which he so tenderly, and calmly passes over, with light animadversion, are such sayings as these, That S. Franc●s was g l. 1. C. 20. deified; That h l. 1. C. 13. he was made one spirit with God: That i Ib. C. 15. he saw the secrets of hearts: And k Ib. c. 18. that he was more than john Baptist, and better than the Apostles: And l l. 2. C. 6. that God did obey him at a beck in every thing. 108 Nor will Serarius his elegant evasion serve them in this, m Serar. litaneuti. l. C. 13. That some men too indulgent and careful of their verse, or the delicacy of the Latin language, may have gone into these excesses. For the fi●st place, where the Pope is called the Lord our God, is in a place barbarous and loose enough, which is the gloss upon an Extravagant. And though Bembus, in whose letters written for Leo the 10 our Lady is called Goddess, do often stray in●o profane elegancies (as n Epist. Leo. 10. l. 2. Ep. 21. in another place, when he would express an inspiration of the Holy ghost in one, he says, he was afflatus Zephiri caelestis a●rà, And o l. 4. Ep. 15. calls Excommunication, Interdictionem aquae & ignis) yet this will neither excuse that Pope which signed those Letters, nor those to whose c●re the expurgation of books, hath been committed. So that none of their piae frauds, with wh●ch they emplaster this venomous & contagious wounding the scriptures of God, & the phrase of his spirit, will acquit or excuse them. 109 And if their mis●applying of Scriptures carried them no further, then to simple and childish actions (as Saint Francis commanded Massaeus to tumble round like a child; because, says Sedulius, Apolog. l. 3. c. 1. nu. 3. it is written, Nisi conversi fueritis, & efficiamini sicut paruuli, non intrabitis): Or if it carried them but to stupid actions (as the penitent which confessed to S. Anthony, Idem. l. 3. c. 13 nu. 3. that he had kicked his mother, receiving this answer: If thy foot offend thee, cut it off, went, and cut off his foot, (but S. Anthony honestly set it on again,) Or if it carried them but to bold and confident actions (as Saint Anthony, when his Host set him a Toad upon the Table, and told him that it was written in the Gospel, Idem. l. 3. c. 28 nu. 31. De omni quod tibi apponitur, comedes, he with the sign of the Cross, made it a Capon ready roasted) silliness or some such disease might lessen the fault. 110 But than is there extreme horror and abominations therein, when God and his Lieutenants are at once injured, which is, when places of Scripture are maliciously or ridiculously detorted to the aviling of Princes: With what soul then could Pope Alexander say, treading upon Frederick, Psal. 90.13. Super aspidem & Basiliscum ambulabis: of which Act, jos Stepha. de Osculat. ped. Po●t. cap. 11. §. Ex quo. a Bishop in that Church says, that it ought to be commended, and that it was lawfully and worthily done. And with what conscience could the same servile Bishop of Sixtus the fifth, prove the kissing of the pope's feet, Esa 49.23. out of those words of Esay, Kings and Queens shall worship thee, with their faces towards the Earth, jos. Steph. ●. 5. and lick up the dust of thy feet? how dared he say, that this kissing of the pope's feet, was established in saint Luke, Luc. 7. when the sinner kissed Christ's feet? Idem. ca 7. Because (says he) if it were afforded Christ● belongs it not to his Church, which is bone of his bone? Deut. c. 1.3. And out of Deuteronomy he thinks this reverence is evidenly enough demonstrated, because it is said of God, the saints of God, Idem. c. 10. are said to be humbled at his feet. So that whatsoever is applied to the Church, or to God, by this detorsion is given to the pope: But this Bishop is so transported with this rage of detorting scriptures, that rather than not misapply them, he will apply them to his own Condemnation: For thus he concludes his Epistle with the words of the Apostle: Epist. lecto. Gaudeo sive per veritatem, sive per occasionem, Romanae Ecclesiae dignitatem extolli: so that it is all one to him, whether scriptures be faithfully applied or no, so it be to the profit and advantage of that Church. Append. ad lib. de P●●t. respon ●d lib. Auiso Pia●●uole ca 2 111 And though Bellarmine seem to deplore and lament that unworthy manner of handling serious Controversies, of which he accused that Author, which called his book Auiso Piacevole, because he cities some of the Italian Poets against the Church of Rome, yet is this fashion still in so much use amongst them, that in their last business with the state of Venice, Nicod. Ma●er de paren: Baro: ad lecto. one author, though in a disguised name, that undertook the defence of Baronius his furious instigation of the Pope, doth not only wound and stain the memory of our late Queen, with impious calumniations, and wrest the Scriptures, to defame our present King; but he protests that he chooses this way of doing it, to imitate Socrates, who was (says he) Derisor hominum, maxim potentum, and exhibits his book as a sacrifice, Risui, & Lubentiae. 112 Where then shall we hope, that these men will stop or limit their blasphemies? when in the licentious fury thereof, having made it habitual to them, and an Idiotism of that Religion, they set (in their account) God against God; that is the word of God against the Pope, and defame him in their own Pasquil's by the phrase of Scripture. In which kind of profane libeling, I had thought their malignity, and irreligion had been at the highest, when they called Lucretia's bastard, by Pope Alexander, and his son, the holy Ghost● till of late we see one of our own nation hath drunk so deep of that cup, that he hath swallowed the dregs also; and in a childish and traitorous itch of wit, at once wounded the Majesty, both of his God, and of his King, by imputing false faults to the one, that he might misuse the word of the other. And by this means, as when they determined to kill the Emperor Henry the seventh, that they might poison him, they forbore not to poison their own God in the Sacrament first: so when they purposed to tear and deface the name and honour, and laws of the King, they first offer the same violence to the word of God himself. 113 Thus the scriptures serve them for Panegyriques, to advance the Pope; a Psal. 8.6 Omnia Subiecisti sub pedibus eius: which being spoken of beasts subjection to men, b Maynard●s de p●iuil. Ecc●. Art. 2 ●. 21 they make it of men to the Pope. Thus the scriptures serve them to divest and disarm Princes; c Luc 22.38 Ecceduo gladij, which being (if we d Eman. S●. Scholia in 4. evang. believe the jesuit Sd) no other than those knives, with which they had cut up the paschal Lamb, e Ext●au. Come de Maior. & obed. unam sanctam, a pope applies to the spiritual and temporal jurisdiction. And thus the scripture serves them for provocation, and incitements to war, and devastation: f Act. 10.13. Macta & Manduca: which being spoken of baptizing the Gentiles, g In Voto ad Paul. 5. Baronius detorts to the excommunication of Christians. Only they are content to spare scriptures, when they come to defend their late-born Heresies; for, for the necessity of believing Purgatory, Invocation, Transubstantiation, and some others of the same age, they offer no scripture; but they think it victory enough that Galatine can prove all these out of the Talmud, and Cusanus out of the Alcoran: For, for the old and new Testaments, they find other employment. They must serve them against the office and dignity of Princes, to exhibit them as a prey to their neighbours, and a scorn to their own Subjects. Io. 10.30. 114 As Christ asked of the jews, for which of his good works they would stone him: Princes may ask of the Roman Church, for which of their benefits they are so injurious to them? Is it for having established a Primacy upon that Bishop, above his fellow patriarchs, which was so long litigious? Or for withdrawing him from the jaws of the Barbarous devourers of Italy? Or for enriching him with a Patrimony, and Privileges almost equal to their own? Is it for any of these, that you say, Eman● Sâ Apho● Confes. verb. Clericus. A Clergy man cannot be a traitor, though he rebell● because he is no subject? By which you cut off so great and so good a part, as in your opinion the st●te without it, is but a mere Carcase, for the Clergy is the soul. And you extend those immunities, not only to your boys which light your Candles, Dist. 21. Cl●ros, and lock the Church doors, but to every sullen fellow, that will retire himself into a wood, without either assuming Orders, Ren. Choppinus de iu●● Monast. l. ●. Tit. 2. ●u. 25 or subjecting himself to any Religious Rule, or despoiling himself of his temporal possessions, as you say of your Ermits: Dr Aluin de potest. Episcoporum c. 3 n. 11. Yea to Nuns, who though they be not of the Clergy, yet are Ecclesiastic persons, and yet they are so profane, as they may not be admitted to touch any thing which belongs to the Altar. Dist. 23. Sa●ctimonialis. And not only the Nuns within profession, have these privileges, but also their Novices, who are under no vow: yea they enjoy them, whom you call Canonicas Saeculares, which may travel, traffic, marry, and do any civil, or uncivil function: (for of the continency of Nunnes● am of a better persuasion, for this reason especially; that the Jesuits by a Constitution, are forbid to have the care of them: Regula. 47. and those secular women, which I mentioned, are Ecclesiastici fori (by a late Decision in the Rota) because though they be not Ecclesiasticae, D Aluinde pot. Ep●sco. ca 3. n●. 13. yet they are Personae Miserabiles, and wear an uniform habit: and to raise the number, you say, If an injury be done to any kinsman of an Ecclesiastic person, it is done to him. Paris de ●ut ●o de Synd. ca de excess. reg. n●. 29 Maynardus d● pri●ileg. Eccles. Art. 17. nu. 10. And that if any offence be committed by divers persons, amongst whom there is one Clergy man, none of the offenders can be subject to Temporal jurisdiction. 115 And not only all these persons, but all which appertains to them, becomes spiritual: and by a new Alchemy, they do not only extract spirit out of every thing, but transmute it all into spirit, and by their possessing them, Houses, Horses, and Concubines are spiritual. But as every thing returns to his first state and being; and so Rome which was at first built, and governed by Shepherds, i● returned to the same form after the decay of the Empire: Tholosa. synt. l. 15. c. 2. nu. 4. and as the name of Bishop, which was at first given to Clerks of the Market, and Overseers of things to be bought and sold, agrees still with these Symoniaque Bishops of Rome: so many of these precious jewels, which are employed about the Images and Relics, which were at first temporal, and then by this tincture grown to be spiritual, return again to their temporal nature, when any of the Pope's ●ake ocsion to serve their pleasure, Theod. a Niem. de schism. l. 1. ca 22. or foment dissensions amongst other Princes, and schism amongst themselves, by coining the Images, as Vrbanus did, in such a case. 116 But the greatest injury that is done to Princes in this matter of Exemption, is, that they will not be beholden to Princes for it: but plead their Ius Divinum, not only the positive Divine Law, by which, they say, that the Popes if they had not found these men naturally exempted, and if Princes had not granted these exemptions, might by their Constitutions, have exempted them, without ask leave of Princes, but they pretend text of scripture, though detorted and misused, to prove this Exemption. And for the Persons they pretend many; but with no more directnes, then that by which they prove exemption of their goods, Laelio Medico. contra. Venet. fo. 196. Nella Raccolta. from secular charges and burdens, which is, Domini est terra, & plenitudo eius, and since it is the Lords, it is theirs. 117 But all Princes grow weary and jealous of that claim; Risposta di Ant. Bovio al. Paulo. Nella Raccolta fo. 50. and a Catholic Writer hath observed, that many of the Writers of the Spanish Nation in these later times, have resisted that opinion, of which he names Medina, Victoria, Soto, Ledesma, and Bannes. And if that Nation grow into jealousies, and feel her right, as France hath done before, all the Italian Writers, will be but weak evidence, to prove this exemption to be jure Divino. But as though all this were not enough, and that the states of Princes were not enough infirmed by withdrawing of all these, they teach, Bell. de Clericis l. 1. c. ult. That a Subject by removing into another Province hath devested his allegiance and subjection: And that every man is free concerning his own person: And that the band is stronger between a Creditor and a Debtor, then between a Prince and subject. Upon all which, what mischievous conclusions will follow, is evident and obvious enough. 118 To conclude therefore this point this Ecclesiastic immunity which they claim, is the debasing of Princes; And the defence of this immunity, and consequently of this debasing of Princes, is so just a cause of martyrdom, that Baronius says; Martyrolog. Ro. 29. Decemb. The Students in the English College; have good title to two Crowns of martyrdom, because they return into England, both to defend the Catholic faith, and the immunity of the Church. Where we will content ourselves, till we come to a ●urther exagitation of that point, with this confession from Baronius, that they are by your doctrine received in that College, incited to martyrdom, for the Immunities of the Church, which himself in the same place distinguishes from the Catholic faith. And thus far I was willing to extend this point, That the Roman Doctrine by extolling Church Privileges above Princes, and by an absolute and direct aviling them, doth mis-provoke her disciples to a vicious affectation of imaginary martyrdom. In the two other points of Merit and Purgatory, which produce the same effect, I may have leave to contract myself, into a shorter room, because of those, many others have spoken more abundantly, then of this last point which I undertook. THE SECOND PART OF MERIT. THe next Doctrine which I noted to mis-incite men to an imagined martyrdom, is the Doctrine of Merits. a Bell. de Indul. l. 1. c. 2. propos. 1. In every good work, you say, there is somewhat of merit, and somewhat of satisfaction. The first is said to belong to ourselves, and that by it we establish our salvation: So that the passion of our Saviour is but as Baptism to us, and our own works, as Confirmation: b Idem de Confirmatione c. 11 § Duplex. Which Sacrament you say, confers more grace than baptism doth, for strengthening us against the Devil: c Ibid ca 2. §. Sed r●spond. And that the holy Ghost is given more fully therein. And accordingly you teach, that justice of works doth give the form and life to faith. And the second, which is Satisfaction, is reserved in the common stock, the treasury of the Church, and husbanded and dispensed by the general steward thereof the Bishop of Rome. 2 But for that Merit, which you teach, to say That our works of their own nature, Bell. de justif. l. 5. c. 17. §. Nobis. without considering any Covenant or Contract with GOD, deserve Heaven, doth not only diminish CHRIST'S Passion, by associating an Assistant to it, and determine his Priesthood, which is everlasting, by usurping that office ourselves, but it prefers our work before his, because if we could consider the passion of Christ, without the eternal Decree, and Covenant, and Contract with his father, his work (saving the dignity which it had by Acceptation, by which the least step of his humiliation might worthily have redeemed ten thousand worlds) had not naturally merited our salvation. 3 Now betwixt God and us there is no such Covenant; our best plea is, The sinner must repent, and God will blot out his sins. If a Prince should so far prostitute his mercy, as to proclaim a venial Pardon, by which for certain money, any Malefactor might be pardoned, no such Malefactor as by the nature of his fault, had at that instant forfeited and confiscated all his estate, should have benefit by that pardon, because he had nothing to give. All these disadvantages and infirmities oppress us; no good work is naturally large enough to reach heaven; no promise nor acceptation of God hath changed the nature of a good work: And lastly, we can do no perfect good work; for original sin hath poisoned the fountains, our hearts: and those degrees and approaches, which we seem to make towards good works, are as if a condemned man would make a large will, to charitable uses. For, as that which he gives is not his own, so that goodness of good works is not ours; and as it is in the Prince's pleasure and allowance, whether his will shall take any effect, or no; so is it in the pleasure of God, whether any works of ours shall be accepted. 4 Yet there is more Devotion in our Doctrine of good works, then in that of the Roman Church, because we teach as much necessity of them as they do, and yet tie no reward to them. And we acknowledge, that God doth not only make our faith, to fructify and produce good works as fruits thereof, but sometimes begins at our works: and in a man's heart morally inclined to do good, doth build up faith: for if an Angel could transport Abacuc, for God's service, by only taking hold of his hair, God can take such hold of our works, and carry us further by them. And further than this I see not that moderate men may go: and they startle too easily that dare not come so far. And if it had been expedient for Bellarmine, to have spoken plain, I think he would have come to that, when he was so near towards it, as to say, That it is the safest way to place all our confidence in the only mercy of God, De Iustific●t. l. 5. c. 7. Proposit. 3. by reason of the incertainety of our own righteousness, and the danger of vainglory: for he seems else where to be so far from doubting, that a man may not be sure of his own righteousness, that himself had such an assurance of righteousness in another man, that upon his Oath before a public Notary he affirms, Ceparius. de vit. Go●zag. l. 3. c. 2. That he verily believes that Gonzaga, (who left the dignity and inheritance of a Marquisate) never committed mortal sin, and that from his age of seven years, he is certain of it. 5 The Doctrine of good works in the Reformed Churches, is uniform and consonant. For though Luther, to relieve and succour the doctrine of faith, which then languished desperately in the Roman Church, for just dignification thereof, sometimes omitted, sometimes spoke remissly of good works, yet between those, who severely adhere to him, & other Churches, which in some other things depart a little from them, in this point, I have observed no dissension. 6 But the Roman Church at this present is tempested with a violent storm in this ma●ter: that is, by what way and means, man can be enabled to do any meritorious work. In which Controversies, after the Dominicans and the Jesuits, had with much earnestness provoked, ●enius de Controversia, de lib. A●b. & Dei aux●l. in●er Catholicos. Epist. ad Cle. 8. and with much bitterness replied upon one another, Benius in a book as moderate and elegant, as any these later ages have afforded, projecting a way, in his Epistle to Clement the eight, how these dissensions might be reunited, and reconciled, observes that all the Controversies between them, ariseth out of presuming a false ground and foundation to be true, which is the famous Distinction of Sufficient and Efficient Grace. And so he doth not only demolish all that they had diversly built thereupon, Li. 1. de great. & lib. arb. ca 11. but defeats and destroys that foundation, which Bellarmine himself was most confident in, and evicts that that distinction, which that Church hath used of late years against all opposition, is neither contained, Fo. 4. nor conveniently derived, either from Scriptures, Counsels or Fathers, but is refeled & resisted by the Council of Trent it ●elfe. Fo. 91. No● can they extenuate this matter, as though it were o●●ma●l consequence; since neither small matters should produce amongst Religious men, so much and so bitter Argumentation: nor can it be in itself esteemed a small matter: upon which Benius says, Fo. 2. the questions of Predestination, justification, Merit, Perseverance, Glorification, and many more depend, and that all Divinity is shaken therein. 7 And if they think, howsoever they suffer an intestine war, to make us believe that all is peace, and that this variety is only De modo, they must remember, that that for which they burn and damn men, which is Transubstantiation, is but a question De modo, which may be sometimes so essential, That if the Arrians had agreed with the Orthodox, of the manner of the generation of the So●, or the Greek Church would agree yet with the western of t●e manner of the proceeding of the Holy Ghost, there could be no difference in t●ese points and therefore these d●ffrēces & controversies, & irresolutions in the Roman Church ca●not be excused or diminished by this, that they are De modo, since they are not De modo prob●tionis, which is when a certain truth is illustrated by divers ways of proof, but they are so De modo essendi, or existendi; So, as if you remove these ways, by which they are said to be, they are not at all. 8 And howsoever those Doctors, whom they style Seraphicos, Willoti A●benae, Orthodox. and Illustratos, and Irrefragabiles, & Fontes vitae, with which transcendent Titles, they enamel so many of the writers in the Franciscan Families, so are in so high a pi●ch as dazzles us, or dive so low, as we cannot discern what they ●old in this matter of Merit; yet what the vulgar doctrine is in this point, the Expurgatory Indices shall sufficiently inform us: for no opinion of any Father, or Doctor, or of any university, can be of so m●ch credit, and authority, as those books; since they are compiled by a commission issuing from the Pope himself, who was either authorized or entreated to that office, by a general Council. Ex Con●. Trid. Bull. Pij 4. de Ind libro. So that in these books there are all these approaches to an infallibility, that they were determined and provided by a Council, executed by a Pope's Bulls, and justified by him, when they were perfected ●nd accomplished. 9 And those books have not bestowed so much diligence, upon any point, as this, that nothing remain in any Author, which may prefer Christ's passion before our merits. And therefore, to omit innumerable instances to this purpose) Index a Hispan. fo. 149. in that Catholic book, b Venet. 1575. imprinted in a Catholic state, w●ich is styled, Ordo Baptizandi, & Modus Visitandi, they have expunged these words: Dost thou believe to come to glory, not by thine own merits, but by the virtue and passion of our Lord jesus Christ? And a little after they ha●e cut off this question; Dost thou believe that our Lord jesus Christ died for our salvation, and that no man can be saved by his own merits, or any other way, but in the merit of the passion of Christ? And though they might have excuse to extol our merits, yet they might have spared the first part of the sentence, and given us leave to believe, That our Lord jesus Christ died for our salvation. 10 Amongst these great works, pregnant both of Merit for ourselves, and satisfaction for others, martyrdom is in the●r Doctrine, that Opus privilegiatum, which takes away all sin; by occasion of which words, To take away, I cannot for●beare to warn you in this place, of one ordinary indirect dealing in Bellarmine; which is, tha● in his Indices, and Tables, he presents wordes● ve●ie f●r●e from the sense of the place to which they relate. As in this point of merit, where his Index says, Martyrium tollit peccata, S. Jerome, out of whom the Text, ●o which he relates, is drawn; s●ies only per martyrium peccata non imputantur; B●ll de Iusti●i. l. 2 c. 9 §. Sanct●s Hieron●mus. which is nothing to the natural condignity of the wo●●e it sel●e. And I should have neglected to have noted Bellarmine's Index, but that I observe that they are so severe upon the Indices, made by some of their own Church, that pretending st●ll to have razed nothing in the body of the fathers, they expunge in the Indices many sentences, though the very words be in the Text itself: as in t●is point of Merit, Epist. ante Ind. Belg. junius hath no●ed, that these words, Meritum nullum, nisi quod a Christo confertur, are cut out of the Index to chrysostom, though the same words be in the text. 11 To proceed then, for the dignity of this wo●ke, Bellarmine against So●o, and Ledesmo maintains, that martyrdom doth save a man, De baptism. l. 1. c. 6. ex opere operato. And that there is required in the martyr, no further disposition, nor other preparation, then in one who is to be baptised. For (says he) though Charity be required, it is not precedent Charity, but it is, because a Martyr cannot depart without Charity, because by a covenant from God, Grace is infused, and so Charity: and therefore it abolishes original sin, and actual sin, and both eternal and temporal punishment belonging thereunto. De Indulg. l. 1. c. 2. §. Qu●nto. And in another place Bellarmine says, That it is evident that martyrdom is so full a satisfaction, that it expiates all guiltiness, contracted by all sins, how huge soever the number, or heinousness thereof be: and if any milder man of that Church would say otherwise (as Ferus doth directly, the Passions in this life, L. 3. Com. in Mat. 20.8 are not worthy of future glory) he must be detorted to the other sense, sixth Sen. Bibliot Sanct. l. 6. Anno●. 89. (as Senensis says of this place, I am of opinion, that Ferus his words might be deflected to the other sense:) Or if the words will not confess upon ●hat rack, they must be utterly expunged, as we noted of others before. 12 And upon this superabundant value of the merit of martyrdom, De Indulg. l. 1. ●. 2. §. Quinto. Bellarmine builds that conclusion, which we now condemn; which is, That because many martyrs have but few sins of their own, and their passion is of a large and rich satisfaction, a mighty heap of Satisfaction superabounds fr●m martyrs. And so they being sent hither, as Factors to increase that bank and Treasury, it appears, ● think, sufficiently, that this doctrine of merit's, doth mis-provoke and inordinately p●●forward inconsiderate men, to this vicious affectation of martyrdom. To which also the Doctrine of Purgatory contributes as much persuasion. THE THIRD PART OF PURGATORY. AS Morbizan the Turk, being moved by a Bull of Pius 2. by which he granted Indulgences to all them, Historiae & ali● impressa. ante Alcoran. fo. 99 that would take Arms against him, by a Letter to the Pope; required him to call in his Epigrams again: Casabonus pre●atio de libe●. Eccl. And as a great learned man of this time calls Panlus the fifts Excommunication against the Venetians, De purge. L. 2. c. 18 §. Ad quint. Hymno de novo lumine pasch. Sabba. Dirum Carmen: And as Bellarmine says of Prudentius, when he appoints certain Holidays in Hector, Paenarum celebres sub styge feriae, That he did but play More poetico: So all discourse of Purgatory seems to me to be but the Mythology of the Roman Church, and a moral application of pious and useful febles. 2 To which opinion Canus expresses himself to have an inclination, when he says, L. 11. c. 6. That men otherwise very grave, have gathered up rumours, and transmitted them to posterity, either too indulgent to themselves, or to the people: and that Noble Authors have been content to think, that that was the true law of History, to write those things which the common people thought to be true: And this censure he forbears not to lay upon Gregory, and Bede, by which two, so many fabulous things were conveyed to posterity. To which ingenuity in Canus, Lypsius his Champion says, Pal. estrita Honoris. Anastas Cochelet. fo. 285. iudgement● But in this, only their discretion, and an abstinence from a slippery and inconsiderate credulity is in question: and even in matter of judgement, in as good judgement as this Author hat●, Canus w●l● justly enough in that Church have a good ●oo me. And if this Author, as he prebends ●n that pl●ce, accept none of these fables, but such as the authority and judgement of the Church hath approved, either many of the Stories must lose their credit, or else the Popes that approved them. 3 Who have been wisely and providently most liberal, and careful to afford most of that sustentation of Approving, to ●hose things that were of themselves most weak and indeffensible● so: so S. Brigids' Revelations are not only approved by Boniface the ninth, Paleotus de Syndone, par. 1. Ep. lectori. but confirmed by Martin the fifth: Both which having concurred to her canonisation, one reason why it was done, on her part, Revel. Brigid. Bull Canone. Bonif. 9 is, because at her marriage, being at thirteen years of age, and her husband eighteen, she vowed one years continency; and the reason on the Pope's part was: That there might some goodness proceed out of the North for she was o● Swethland. Par. Crassus de cerem. Epis. & Cardin. l. 1. c. 39● According to which superstition, in their Mysterious ceremonies, when the Gospel is song, all other parts being done towards the East, he must turn to the North, from whence all evil is derived, and where the Devils dwell. But for all their barbarous and profane despite and contumelies, which they impute (not to the Devil) but to Princes, and all sort of people beyond their Hills, their Stories are full of the memory of Benefits which Sea hath received from Northern Princes, To. 3. par. 2. fo. 1052. B. and Binius confesses, that the remote and Northern people, did so much honour the Roman Church, that whomsoever they hea●ed to sit in that Chair, and to be Pope, though but in name, without any discussion of his entrance, they reverenced him as S. Peter himself, which (says he) is a wonderful thing to be spoken. Which imputation since Binius lays upon Northern Catholics, they are fairly warned to be more circumspect in their obsequiousness to that Church, without discussing the persons, and the matter which is commanded them. 4 But to return to this Comique-Tragicall doctrine of Purgatory, if Canus weigh nothing with them: Epist. Rutbalo. Reg. Secret. ante Dial. Luciani. Sir Thomas Moor, of whose firmness to the integrity of the Roman fa●th, that Church need not be ashamed, intimates as much, when he says, That he therefore undertook to translate Lucianus Dialogue Philopseudes, to deliver the world from superstition: which was crept in under Religion: For (says he) superstitious lies have been told with so much authority, that a Cozener was able to persuade S. Augustine, though a grave man, & a vehement enemy of lies, that a tale which Lucian had before derided in this Dialogue, was then newly done in his days. Some therefore thinks (says he) that they have made Christ beholden to them for ever, if they invent a fable of some Saint, or some Tragedy of hell, to make an old woman weep or tremble So that scarce the life of any Martyr or virgin ●ath escaped their lies, which makes me suspect, that a great part of those fables, hath been inserted by Heretics, by mingling thereof to withdraw the credit due to Christian Histories. 5 And in our days, Philip Nerius the Institutor of the last Order amongst them, who was so familiar in heaven, whilst he lived upon earth, that a Vita eius. fo. 17. & 24. & 57 he was fain to entreat God to depart further from him, And b fo. 33. to draw back his mind from heavenly matters, and turn them upon earthly, before he was able to say Mass, And c fo., 83. could hear the Music and Symphony of the Angels, And could distinguish any virtue, or any vice, by his smelling, This man I say was ever an enemy to these Apparitions: and used to say, That God would not take it ill, fo. 107. not to be believed, though he should truly appear to us in any shape. And to a Scholar that told him that our Lady appeared to him in the night, fo. 108. he said, next time she comes, spit in her face, which he did, and found it to be the devil. Nor did he easily believe possessions, foe 229. but referred it commonly to the indispositions of the body: and suspecting justly the same diffidence in others, which he found in himself, fo. 488. he prayed to God, that he would work no miracles by him. 6 So that not only for fear of illusions, and mistaking bad spirits for good, (for for that, their greatest Authors which have writ of that subject, even in these clear & curious times, are still confident, that An evil spirit, what shape so ever he appear in, Binsfeldius. de confel. Sa●ar. fo. 67. & 68 Menghi. fust. Daemo. c. 8. may be known by his feet or hands, And that he is ever notoriously deformed either by a Tail, or by Horns, And that he will vanish, if one use him, as Friar Ruffian did, Ibidem. who when the devil appeared to him ordinarily in the form of Christ crucified, by S. Francis his counsel, said to him: Open thy mouth, & implebo stercore, and thereupon was delivered from that apparition. And some of their saddest Divines, have eased them thus much in any such perplexity, Vasques de Adorati. that to worship the devil himself in such a form, with opinion that it were God, is not Idolatry,) not only for these inconveniences, but even for a general infamy and suspicion, that these apparitions which begot Purgatory have in them, the more moderate sort of Catholics have declined from any great approving of them. 7 Yea Serarius, though of that order that hath lost all ingenuity, confesses from Baronius and Villa Vincentius, Litan. l. 2. ca 2. N. 3. Ibid. N. 4. that in these legends, in their Histories there are vain and vicious relations, and that the pictures of those Saints, are but Symbolical. Sedul. Apol. pro libro. Con●or. l. 1. ●. 20. N. 7. And Sedulius acknowledges, that, that story in the book of Conformities, that S. Francis was seen to go out of the wound in Christ's side with a banner, and a great Army, is but figurative. Of which, says he, there are many so highly mysterious, that it is not fit to discover and explicate them to the wicked. So that these Mirabilarij & Mythologistes of that Church, will solemnly reserve these their Arcana Ecclesiae to themselves, and shall without any envy from us. 8 And yet I deny not, but that in sober antiquity, and in the gravest Fathers, there are some impressions, which occasioned this error, of purifying souls after this life, As Bellarmine says truly, De Pont. l. 4. c. 8. § Q●ia. that for the most part, lies have their foundation upon some truth; For it was very long in the Church of God, before the state of the soul after our death, was clear, and constant and uniform: the Father's being divided in their opinions, whether our souls enjoyed perfect happiness presently, or expected and attended it till the general judgement. And the phrase and language, in which sometimes they spoke of the last consummation of our happiness, in the reunion of the body and soul, being obscure, and various, gave occasion of doubting, that they reserved and adiourned all our happiness till that time. And that which they meant of that perfect and consummate happiness, not to be enjoyed till then, hath been misunderstood, or detorted to the soul alone. And by such irresolution in some, and perplexity in collating their opinions, and misapplying their words, have been imprinted indelible characters of Purgatory, and of prayer for the dead, of whose condition in the next world, they were not thoroughly assured. 9 If any of the Fathers have strayed farther than so, to speak doubtfully of some such thing as Purgatory: We will not say, as you do, a In●. Expurg. belg. fo. 12. Let us excuse it, or extenuate it, or deny it by some devise, or fain some other convenient sense, when it is opposed in Disputation. Dist. 4 statuimus. gloss. Nor dare we obtrude a contrary exposition, as you do, when you make Pope Telesphorus instituting the Quinquag●sima for the Clergy, by his word Statuimus, to mean Abrogamus; Dist. 12. quis nesciat glos. Or when Pope Innocent writes to Decentius a Bishop, that it is not read, that in all Italy, France, Spain, Africa, and the islands, there was Alius Apostolus prae●er Petrum, to make him mean by Alius Contrarius; which the gloss upon the gloss in the Margin mislikes, because no Apostle was contrary to Peter, and therefore makes the Pope to mean; that there was no other Apostle in those places, than Peter, or such as he sent. Ind. expur. belg. fo. 18. We dare not correct so boldly as to make Bertram, who for 800. years together had said Visibiliter, now to say Inuisibiliter. We dare not hope to scape with such a small insertion, Index. Hisp. ●o.. 66. as Non, which you have intruded to the destruction of Didacus Stellaes' sense, in his Commentary upon Saint Luke, and in Eucherius his Commentary upon Genesis. Idem. fo. 92. We dare not steal out that little particle, to alter the whole intention of him that hath it; as Bellarmine hath done, De Matrimo. l. 1. C. 5. §. ubi tamen. 27. q. 2. Cum societas. out of a sentence cited by Gratian, out of Leo, by which Marriage is no Sacrament, if, Non, be admitted. We will not be so unnatural to the Fathers, as Bellarmine makes the Pope to be, De pont. l. 2. c. 27. §. ●espond●o i●●as. when being pressed by Nilus, to follow in the question of the Primacy, the opinion of the Fathers, says, that the Pope hath no Fathers in the Church, but that they are all his Sons. Nor can we exceed Bellarmine in dis-esteeming the Fathers, who hath called in question some books of almost every one of them, as Clement, Anicetus, Cyprian, Tertullian, Ambrose, Augustine, Jerome, Damasus, Damascen, Basil, justine, Nyssene, Honorius, Eusebius, chrysostom and others. And when Damascene cities out of Palladius, That a dead skull being asked, whether our Prayers did them any good in hell, answered, that it brought them some ease and relaxation, Bellarmine says, This is false, and Apocryphal, and that there is no such thing in Paladius: De Purgat. l. 2. C. 18 §. preterea. & §. Ad quartum. De verbo Dei. l. 3. C. 10. §. dic●ns. So ill a Patron is he, of Damascenes credit herein. Nor doth he only indefinitely say of the Fathers, That it is evident that some of the chiefest of them have grievously erred, but as of Tertullian, who imputes Montanisme to Pope Zephirine, he says, De Pont. l. 4. c. 8. §. respondeo. De penitent. l. 1.. c. 1. §. igitur. There is no faith at all to be given to him, And in another place somewhat more sharply; We do not reckon Tertullian amongst the Catholics, So doth he to very many of the other Fathers, boldly impute such errors, as would vitiate any Author not to have but observed them, and for touching whereof the Centuriators are by him accounted profane and blasphemous. So also doth Medina say, De Sacro. homin. Orig. & contin. l. 1.. ●a. 5. That Jerome, Ambrose, Augustine, Sedulius, Primasius, chrysostom, Theodoret, Oecumenius, Theophilact, and others, were of the same opinion as Aerius was, and the Waldenses, and Wickliff. 36. q. 2. placuit. 10 But as Gratian preferred Jerome before a Council, because he had Scripture on his side, And as your expurgatory Index (which I cite so often, Ind. Hispa foe 146. because no book of equal authority, doth show so well your corrupt doctrine, that is, what you cannot endure to hear, and your indirect practice, to make Authors speak your words) adds to one Author in the Margin, We must give no credit to these words of Eusebius, Fo. 147. and after; This opinion of justin, and of Epiphanius, is not true: So, if for the defence of Purgatory, in the full sense of the Trent Council, you obtrude any Father (which yet I profess that I have never seen) if that Father be destitute of the support of Scripture, you must allow us, some of that liberty which you take, since we are more modest in the use thereof then you are. 11 For we need not (even by your frequent examples,) bind ourselves to that servility, which your Azorius subjects himself unto: Moral. In●tit. Par. 1. l. 11. C. 14. §. Secundo quaeritur. who disputing of the immolation of jepthes daughter, confessing, That it is not evident, that she was killed, nor likely; nor that she could be comprehended in that vow, any more than any unclean thing which might have met him, and That the contrary is more analogal to the other places of Scripture, and that the Rabbins, Lyra, and some other Catholics, deny her death, yet, says he, because we are bound (that is, by the oath of the Trent Council) to expound Scriptures according to the sense of the Fathers, I think we ought to adhere to the opinion that she was slain. But if the sense of the Fathers did not stand in my way, to confess the truth, I should approve the other opinion, because that delivers so great a person as jephthe was, both from rashness and foolishness in making the vow, and from impiety and cruelty in keeping it. 12 This bondage and yoke we need not cast upon ourselves, but may lawfully take Chrisostomes' liberty, D● militia spirituali Ho. 4. To. 5. fo. 209. (since our cause is better than his, for he dis-approved all Oaths) Never produce to me, says that Father, this Saint or this chaste man, or this mild man, or this Priest; for if you tell me of Peter, and Paul, or of an Angel from Heaven, you shall not thereby terrify me with the dignity of the persons. 13 The Fathers which must govern in these points, must not be the Fathers of the Society; but they must be Patres Patrati; Fathers which have Fathers; that is, whose words are propagated from the Apostles. Of which sort of Fathers, in my poor reading, I never found any that consented with the Doctrine of Purgatory now established. 14 In which, that which we principally complain of at this time, is, that it incites to this false martyrdom. Not but that they confess, that there are also some other ways besides martyrdom to escape Purgatory; else how got Lypsius so soon to heaven? Pa●●●tri●a Hono●is fo. 1. for as soon as his Champion Cochelet calls him, Lypsius answers, We that are received into heaven, do not despise our fellows: And that powerful Indulgence (which, though Saint Francis obtained immediately from Christ, Sedulius Apolo. contr. Alcura. l. 1. C. 16. N. 4. & 6. yet Christ sent him to ask it again, at the Pope's hands, because, says Sedulius, he would not derogate from the power, which he had delivered to his Vicar) delivers as many as do but come to a certain place, from all sin, and danger of Purgatory. All which die in that Order, l. 2. c. 9 N. 1. are saved; l. 2. C. 11. N. 4. yea, All which love that Order heartily, how great a sinner soever he be, shall have mercy. l. 1. C. 19 N. 3. And yearly on his birthday, all which are in purgatory, especially of his Order, fly up to heaven. And he himself carried above 1000 away with him from thence, Ibidem. when he went. At one Mass, at the Commemoration of the Dead, a Friar saw souls fly from Purgatory as thick as sparks from a furnace. l. 3. C. 21. N. 4. and this Mass he celebrated every day, and so did infinite others. Ibid. N. 7. If then that Friar made a true relation of the state of Purgatory in his time, That of 5000 which died in the world since his coming thither, there came but three to that place, there is no great use of heaping so much treasure, for that employment, since by these computations, neither the Number can be great, nor the st●y long. 15 And if the authority of this Sedulius seem light, In fi●e libri. yet his book is dignified with this Approbation, That the impudence of Heretics, may be beat back, with most firm arguments, and with most clear reasons) Soto might weigh more; 4. Sent. dist. 19 q. 3. ar. 2. who considering the intensnes of the fire of Purgatory, thinks none shall remain there above ten years. But for all this Bellarmine says, That by most certain apparitions it is evident, De purgat. l 2. c. 9 §. Preterea. that some souls already there, De Indulg. l. 2. c. 2. §. Sed primum shall remain there till the day of judgement: And though he make an impertinent doubt, De Indulg. l. 1. c. 9 §. Respontio. Whether ever any Popes have granted Indulgences for many thousand years, yet in another place he assigns certain reasons, why conveniently the Popes may do so; because the penitential Canons inflict many years punishment, for divers sins which many men commit often every day. But of this the Popes are so liberal (though it is impossible they should keep any just Audit, or account since they neither know what they receive, nor what they lay out) that they will put in 1000 years more rather than remit that six pence, which you must pay, not for the pardon, but for the paper. Turselinus jesuit Histor. laurel. l 1. C●. 22. And therefore Martin 5. had a just and proportional respect to the nature of this ware, when he appointed a yearly Fair, and yearly Indulgence, both of three months continuance, to be kept together at Loretta; and that the Priests and Merchants should open and shut up shops together. 17 But martyrdom is of much more value, than these Indulgences, because it is infallible for, some incapacity, and indisposition in the party, may hinder the working of an Indulgence, but martyrdom cannot fail of the effect, to work our deliverance, as appeared by that which we cited out of Bellarmine in the end of the last part of Merit. And therefore that doctrine, which teaches such a Purgatory as you speak of, incytes to such a martyrdom, as we speak of, & disapprove. 18 Having therefore proceeded thus far, That the purest and acceptablest Sacrifice which we can offer to God, which is our lives, may be corrupted and envenomed with distasteful mixtures, and that even in the devotedst and safest times, it fell out, not seldom to be so; And that our corruption now is more obnoxious and apt to admit and invite such poys●nous ingredients, and temporal respects, then in those purer times, especially in the Roman Church, which misinflames the mind to false martyrdom, both by depressing and trampling upon the dignity of Princes, and maintaining every litigious clause of Ecclesiastic immunity with our blood; And also by extolling our own Merits, and encouraging us thereby, to traffic, though with loss of our life, for the benefit and advancement of the treasury of that Church; And lastly by the certaine●y, severeness, and length of Purgatory, which are infallibly hereby avoided: the next thing which I present to your discourse, and consideration, is, That the Jesuits more than any other Order, claim to themselves a greater forwardness, and alacrity to this, and are therefore busier and apt to provoke severe laws, against themselves, and to incur the dangers thereof. CHAP. FOUR That in the Roman Church the Jesuits exceed all others, in their Constitutions and practice, in all those points, which beget or cherish this corrupt desire of false-Martyrdome. TIll the Jesuits have a Pope of their own, it will be (I hope) no Heresy, to doubt, or call in question their sanctity: they may be content yet to afford us (since our cause is safer) the same excuse which is allowed for Origen, Obseruationes in Cassian●m. ●o. 739. Ex Collatine 19 chrysostom, Jerome, and Cassianus, even for maintaining a lawfulness in lying, That the Church had not then determined the contrary. They may favour our weakness with the same help, which they apply to a Pope himself, Bell. de pont. l. 4. C. 14. §. Respo●deo. De joan. 22. That it was then lawful, without danger of Heresy, for him to believe in earnest, that our souls should not see God, till the resurrection, because there was no Definition o● the Church in that point. Their Charity may relieve us with the same Indulgence, which they afford to Senensis, who rejects some part of the Canonical Scripture, after the determination of the Trent Council, Because he did not reach and attain to the force of that Canon, says Gretzer, Gretzer def●n● Bellar. To. 1. ●o. 362. §. Namquod who allows him all these escapes, That he did it either by negligence, inconsideration, afore conceived persuasion, or some other cause, which is large enough. 2 But if ever a jesuit come to be the Church, that is, the Pope, we shall soo●e be precluded by the Church's Definitions. And as now to doubt whether the Pope without a Council, Bell. de Po●t. l. 1. c. 2 §. Ex h●s. may teach an Heresy, is Haeresi proximum, and so is Semi-haereticum, when a jesuit is Pope, it will be Hyper-haereticum, and Sesqui-haereticum: for we have been already taught, that something may be more thenheresie, when by a new Decretal of Paul the fourth, they say, In septimo. l. 5. tit 3. c. 9 That any great person falling into Heresy or Schism, shall for the first offence be esteemed relapsed, and be in the same desperate state, as if he had formerly iuridically abjured the same heresy. At least, when a jesuit comes to that Throne, as in this last volume of the Canon law, In septimo tit. 4. we have a new title presented, De Cardinalibus, which was in none of the rest, where they are called, Ibid. ca 3. The principal members of the Church, constituted by the holy Ghost, And the most noble part of the Pope's body, And the clearest lights, and most special children of the Church; Ibid. c. 2. where, to take any thing from them is called Sacrilege, and to favour any which hath dis-favoured them, Ibid. c. 3. or hurt them, is made Treason, so without doubt the Jesuits will be as indulgent to their own Order, and we shall have at the next crop, when there is a new Harvest of ripe Decretals, a title, De patribus Societatis jesu. 3 As at their first institution they were thus near the Papacy, Histor. Ordi. jesuit resut. a Gr●tz●ro. ●o. 45. that the Order of the Theatines, of which Paulus fourth (who was at that time Pope) was either the author, or a principal man, desired to be united to them, by which means they might have compassed the Papacy in th●ir Cradle, so have they of late made suspicious approaches thereunto, by admitting Cardinal ships, and other Dignities. 4 Those of thei● Order, who heretofore refused offers of that Dignity (as you say Laynez did from Paulus the fourth, R●badencyra de Scrip●●. jesuit. fo. 100 & fo. 60. and Borgia from julius the third) did it Constantissime: and, I believe with such constancy in resistance, Tolet and Bellarmine might have prevailed. He which gives rules for the institution of Monks, forbids not only Bishopp●ickes, but all acquaintance with Bishops: By all means (saith he) let a Monk avoid women and Bishops, Cassia●us l. 11. c. 17. because both hinder Divine Contemplation; which Rule when Iesui●es broke, and came to live in secular and Ecclesiastical Courts, they showed that they were not stubborn and inexorable against these preferments. 5 And if ever they attain the Papacy, they have already laid good foundations for the entailing thereof upon their own Family, Instit. Moral. to. 2. l. 4. C. 5. § S●cundo. by Azorius his disputation, what the authority of the Pope is in designing a Successor: for he delivers it, as the common opinion, that the form of electing the Pope being founded upon the Canons, it may at his pleasure be changed. So that the Pope may establish the Provincials of the Jesuits to be the Electors. And then descending to another question, whether the Pope himself may design his Successor, Ibid. §. Tertio. he says, that the Canons against it cannot prejudice him, because he is above them, and that it is not forbid jure Divino; and that for matter of fact, he believes S. Peter did choose Clement: but least the Popes should have nothing to avert them from this course, before any jesuit were Pope, and so work an exclusion, he says, It is not lawf●ll, jure Naturae: that is, says he, because natural reason informs, Ibid. §. Ex ploratum. that it were inconvenient for the Church: And, but for that inconvenience, he says, they might cast lots for the papacy: But this inconvenience depends upon such reasons, and circumstances, as are alterable, and when they cease, this law of nature ceases too. Ribadeney. ubi supra. 6 And though Laynez in the vacancy after Paulus the fourth, is said by you to have had twelve of the best voices for the Papacy, though he were out of the College of Cardinals; And in one Conclave, Bellarmine also is said, to have had some, yet if any jesuit had voices enough, would his Superior allow him the Religion of his vow, by which he ought to refuse it, Cerem: Sacr. Cap. De elect pont. or his natural liberty, by which, any man that is chosen Pope, may, if he will refuse it? 7 If it were once come to that, as you are content yet, ●o seem as modest as the Carthusian, who says, Petr●i Biolioth. Carthusia. ●o 304 that he believes it to be a singular blessing of God, that no Carthusian hath been Pope: you would make good haste, to reckon with the forwardest Orders, how many Popes you had had: And quickly in these accounts overgo the Franciscans themselves, Sedulius Apolog cont. Al●ora. l. 2 c. 11. § Innocentius. who reckon of their Order, not only Popes and Martyrs, and such possible things, but are so precipitate and transported with this fury, that they reckon, how many of the Apostles, Prophets, and patriarchs they have had of their Order; So, as I thought, whilst I read it, they would never have stopped, till they had told us, how many Adam's and eves had been of their Order, and how many jesus Christ's besides S. Francis: For I understand not by what other figure they use this anticipation, and call these ancients Franciscans then that by which Serarius the jesuit says Herod was a great Machiavellian: Serarius. Tri●aeres. l. 2. Cap. 24 Grego. de Valent. De purgat. C. 8. and Gregory de Valentia, that Plato might learn the doctrine of Purgatory out of the book of the Maccabees, which was written after his de●th. 8 But beside that the Jesuits decay in the hearts of Princes (which Philip the second of Spain testified well, P●erre Mathieu His●●ire de Franc●. l 2. Nirrat. 4. because though he had great use of their service, he never did any thing for them) this also makes me doubt that they will never have Pope, because it is already revealed by Christ to S. Francis: S●du●ius. Apol. l. 2. c. ●2. a. 8. that Antichrist shall come out of the family of the Franciscans. 9 This also increases my suspicion, that they could never compass, that which is much less than a Pope, Catalogue Glor. Par. 4. Consid. 7. which is a Saint, in their family. For the Authority of the Pope is greater, then of a Saint, says Cassanaeus: And in his Indulgences he doth as familiarly command Angels, as the younger Prentices, the Exorcists, do devils: To whom they use this language, when any spirit possesses a body, I command Lucifer, Menghi. Flagell. Daemon. fo. 9 and all the Furies in hell, to precipitate you into hell fire presently, indispensably and eternally, till the day of judgement: Ide. fol. 105. And I forbid the Air to have any power to receive you. Mat. Tortus supra la ay ettera di Palmieri Romito. Raccolta. fol. 126. 10 And though Tortus say, That the time of the Canonizing of the founder of that Order is not yet passed, and therefore he may be Canonised in good time (which is a poor comfort, since I never found any such limitation, nor that a Saint apparent, as Ignatius is, may be superannuated, and grow too old to be Canonised) yet since those two great Princes, Philip the second of Spain, and Henry the fourth of France, either out of devotion to the Order, or for their own ends, have both pretended the solicitation of Ignatius his canonizing to belong to them, and both affected the honour of procuring it, the pursuit and effecting thereof hath been intermitted and retarded. And howsoever for Ignatius and for Xaverius, who was also a Navarrois as well as Ignatius, it might please those Princes, for respect to one another to forbear any solicitation in their behalfs, yet the King of Spain had very many subjects in ●hat Order, to whom no o●her Prince pretended any such precontract or interest: and yet he procured the canonisation of D'Alcala a Franciscane, Pierre Mathieu. Histoire de fran. l. 1. Nar. 4. and Pennafort a jacobin, and neglected the Jesuits. And though the present Pope Paulus the fifth, have been much solicited for the Canonizing of Gonzaga the jesuit by the Princes of that Family (the memory of his exempler life being yet fresh, Ceparius de vita Gonzag. Epist. Dedic. and his worthiness certified (as the custom is in preparing Canonization) by Cardinals which had commission to search thereinto) yet he hath allowed him no other title then Beatus: which might have been given him without that Rescript of the Pope, as Ignatius and many other have it: since, as Serarius says, Litan eut. l. 2. q. 7 Custom gives that Title to those, of whose salvation there is a strong opinion, and yet are not adorned with the public testimony of the Church. 11 Nor do I perceive that they are in any great forwardness, to get a Saint, since in canonizing after the consideration of the truth of the miracles, they fall in the Consistory to another consideration, of the sufficiency of them. And besides that, De procurand. Indo. Salut. l. 2. c. 9 your own Acosta makes us doubt of the truth of those miracles, which are related, because he spends a Chapter in giving reasons, why in our age, in preaching the Gospel in the Indies, there is not that strength of miracles, which was in the primitive Church, since, as he says there, It would prevail very much, if it might be, those which are said to be done by you, are for the most part so poor and beggarly, and silly things in respect of the Franciscans, as between yours and theirs there is as much difference, as between juggling and Conjuring. 12 methinks you should offer no more to play at that game, after you have believed (as I hope you do, since so fresh, and so well approved an author as Sedulius gives new life to these miracles) That S Anthony when the heretics refused to hear him preach, Sedul. Apol. l. 3. c. 13. Nu. 8. went to the Sea side, called the fish, which came of all sorts, staid in peace, put their heads above water to hearken, and at the end of the Sermon, some spoke, Idem. l. 3. C. 28. N●. 30. and some did but bow their heads, and so the Heretics were converted: or that Friar Andrew to correct his appetite of eating birds, at the Table, by the sign of the Cross, commanded them to fly away, though they were roasted. 13 And how much more luxuriant of Miracles would their History be, Id. l. 3 c. 24 n. 25 26.27. if they had not commanded Friar Conrade to do no more Miracles after his death, because he was buried out of their College: And if Saint Francis had not enjoined Friar Peter, upon his Grave, Per sanctam obedientiam, that he should do no more Miracles, because they were thereby disquieted with concourse of people. Of which kinds there are many Commandments, which lessons their number of Miracles. 14 And this Philip Nerius, founder of the last Order, Vita. Nerij. fol. 488. feared in himself, and therefore he told Baronius, that he had entreated God that he might do no Miracles. 15 You can therefore in nothing equal that order of franciscans; for if you think to overtake them in number, you will be far short. Saint Francis saw at the first Chapter or meeting, Sedul. Apol. l. 2. c. 2. n. 3. six thousand Friars, and eighteen thousand Devils, which Ignatius could never get near, An. 1608. they were 10581. Ribad. scrip. jesuit. in fin. except he made it out in Devils. For the whole number of his society, doth not much exceed ten thousand yet. 16 But that which is truly proper and peculiar to you, you do earnestly and intensely, and you excel in it; which is, in kindling and blowing, begetting and nourishing ielowsies in Princes, and contempt in Subjects, dissension in families, wrangling in Schools, and mutinies in Armies; ruins of Noble houses, corruption of blood, confiscation of States, torturing of bodies, and anxious entangling and perplexing of consciences. And to facilitate your way to these effects, you are in your institution mixed and complexioned of all Elements, and you hang between Heaven and Earth, like Meteors of an ominous and incendiary presaging. You pretend to forsake the world, and to look all upward; But, saith Cassianus, Such renunciation is threefold; Of all temporal fortunes, and of our manners and conditions, and of our minds from all present things. But all your labour is to understand the present state of Kingdoms, and where any overture is given for the Pope's advantage, and where any interposition or hindrance is interiected against his purposes. And therefore that saying of Saint Basil to a Senator, Cassian. l. 7. c. 19 that seemed to renounce the world, and yet retained part of his state, Thou hast spoiled a Senator, and hast not made a Monk, belongs almost to all of this Order. For you are but as eunuchs; you have lost your apprehension and capacity of worldly Estates, yet the lust, and itch, and concupiscence, to be conversant therein, remains with you still. jesuitar. regula Commu. Cap. Examinator. 17 For this purpose you have care in admissions, That none be received whose Parents be poor, (which your Examiner hath in charge) lest that should divert them from the integrity of this service. For this purpose it is, That the Superior himself cannot dispense to admit any deformed person, Regulae Provincial 56. because you will have men sociable, acceptable, and agreeable to company. For this purpose your Superiors and Rectors must write every week to the Provincial, Cap. de formula scribendi. not only of their own state, but of all things done amongst strangers, by the service of this society. For this purpose you must have a Proctor general at Rome, Cap. pro curator Gener. who must buy and study all the Rules of that Chancery, and all t●e Breves, and Bulls, which the Popes send forth. Pier. Mathieus. histoire de Fran. To. 2. l. 7. Nar. 4. And to this purpose was that attempt of the jesuit, who (if a Catholic Historiographer relate truly) published at Rome, That Confession by letters was Sacramental and effectual. Into which opinion though a Vide Soto de teg. Secr●t. memb. 3. q. 4. Dub. 4. & Zambran. Cas. Cons●i. cap. 4. de poenit. Dub. 2. Sect. 5. ubi etiam est hoc Decretum ●lem. 8. Nu. 31. some before had strayed, yet it had received no such strength and authority as at that time, when it was so hotly pursued, that Clement 8. was forced to oppose a direct Decree against it, and to condemn it as false, rash, and scandalous at least. For if this opinion had been believed and authorized, the secrets of all states, and passages of all Courts, had had no other Register then the breasts of Jesuits; who are so wise Apothecaries of penances, and have so plentiful shops of those drugs of Indulgencies, that all those Princes, to whom any of them had been Confessor, would neither open their disease, nor seek their physic at any other place: when they might be delivered of the painefullest part of Confession, which is the personal shame of accusing one's self. 18 And that they may attend this service of Intelligencers: Fi●st, they have one Rule of State, which is, Reg. Commu. 38. That they let no stranger understand their Rules and Privileges, And their Superiors have the prerogative to interpret and extend, and limit the constitutions; Sedul. Apolo. l. 2. C. 3. N. 2. whereas, for the Rule of the Franciscans, Christ himself was heard in the air, saying to S. Francis, This Rule is mine, not thine, and I will have it observed, Ad literam, ad literam, sine glossa, sine glossa. Bulla tertia Gretzer in Hateum. fo. 168. 19 And then by one Bull they are enabled (for at their first institution they were not so) to hear Confessions, and to change vows; And by another Bull, D'Auila de Censur. par. 2. Ca 7. Disp 3. Dub. 8. they have privilege to absolve from all censures, except those of Bulla Caenae. And by a Bulla 18. Gretzer in Hatteum. l. fo. 211. another, they are licensed to practise Physic, which doth not only give them access to Deathbeds, which is one of their chiefest Scenes, but excludes all others, because they are competent for all offices. And I wonder that they have not procured a Bull, that they might be Midwives. 20 To this purpose also of spying, b jesuit Constitut spirit 4. their constitution binds them to no ordinary penances, nor disciplinary m●cera●ions of the body: yea, that which they are content to call Indiscretam castigationem● which o●hers magnify so much, is so much forbid amongst them, c Reg. 48. that they are bound to deliver it in confession, if ever they transgress into it. And the Rector is to provide, not only against these Mortifications, but Reg. d Com. ca Rector reg. 8. against too much Devotion, as Impediments which call them from their studies And the charge which is given to him who is precedent over their spiritual matters, is to see, e Cap perfect. Rer. spirit. That whilst they have too much desire of Devotion, they do not impair their strength: and therefore that Gonzaga of whom it is often f C●parius jesuit. de vita Gonz●g. fo. 58. & saepe. said in his life, that he shortened his life with such discipline, g Fo. 84. laying sharp chips between his sheets, h Fo. 83. whipping himself with Iron chains, and i Fo. 84. putting spurs between his Doublet and his flesh, before he came into the Rules of the Jesuits; won, and overcame his Father and Mother, to incline to his purpose of entering this Order, because they saw, k Fo. 154. That this Order would be wholesome for his body, and not allow him such severity. 21 For privileges of Addition, they ha●e by l Bulla. 13. Gretz foe 195. one Bull all the immunities of the Mendicants, which are very many and advantageous, because thereby they must be received, as they travel into any religious house: And by a Bull. 17. Gretz foe 207. another Bull, at one liberality, the privileges of all Orders, are extended to them. 22 And for Exemptions, they are delivered by b Bull. 15. fo. 197. one Bull from keeping their hours in the Chapel; and by c Bull. 19 f. 217. another from attending at Procession: and by d Bull. 7. fo. 186. another dispensed from fasts, and forbidden meats: and by their e Re●u●●●●●ouincial. 84. Rule bound to no habited and by f Bull. 16. fo. 198 another Bull, licenced to read all books; which is so great a liberty in that Church, that in the Septims, there is In g s●ptimo. l. 5. Tit. 4. c. 6. a Decree of Gregory the thirteenth forbidding even archbishops, and Kings, and all persons, but the Inquisitors, to read Heretical books, upon pain of Heresy. 23 If therefore, as in their h Constitut. spirit. 36. Constitutions they call themselves, they be but Cadavera, they are either such corrupt and putrefied carcasses● as in●ect and enuenome all places where they reside, or such Carcases, as evil spirits have assumed to walk about in: and if they be (as they say there) but Bacula senis, This old man is the pope, whon they cannot put off, and they are such staves, as have swords sheathed in them, and such as wound and bruise, even the inwardest marrow of Kingdoms. 24 For this purpose is that obedience to their Superiors, wherein Ignatius wills his Disciples to exceed (Let i Epist. Ignatij ad fratr in Lusita. us, says he, suffer ourselves to be exceeded by others, in fastings, and in watchings, and such; but let our mark be, an abdication of the will, and judgement.) And so he gives them good blind Counsel, for their belief, and for their actions: As to believe what the Catholic faith teacheth, so be you carried with a blind violence of obeying, whatsoever your Superior commands. And though their Superior command nothing expressly, yet they are bound once in a week, to say one Mass, to the Intention of the General, Reg. Commu. ca Missa. though they know not what it is. And of this general intention the Centre, and Basis is, the advancement of that Sea, about which these planetary Mon●es, have their course and revolutions. 25 Old Monks were used heretofore to be but Coasters, hovering about their own Cloister; further than the Contemplation of Heaven, which was the Bible, and of t●e stars, which were the devout interpreters thereof, guided them, they did not easily venture: except some storm of disputation's or passion transported them: But the Jesuits in this laterage have found the use of the Compass; which is the Pope's will, and ●ow they have not the patience to be Fishers of men● but they are Merchants of Kingdoms, and Pirates both of spiritual and temporal tre●sure. But the eyes of a fool, Pro. 17.24. are in the corners of the world, saith Solomon. And even the desire of going ●o the Indies (which is their best pretence) if we believe the life of Nerius, was corrected in him, Vita Phil. Nerij foe 110. by an apparition of S. john the evang. who told him, Rog●la B●nedict. c. 1. That Rome was his Indies, for there was matter enough for his instruction, and his example to work upon. 26 And of four sorts into which they use to divide Monks, which are Caenobites, who keep their Cloister, Eremites who adventure into a Solitude, Sarabaits, who by their works keeping still their contract with the world, have dissembled with God, per tonsuram, and lastly, Gyrovagi, who all their lives wander through divers Provinces, the Jesuits seem guilty of transgressing in both the last ways. For, besides the Palaces, and abundant possessions, which they have as they are Corporations, Only they of all sorts, are not in their particular incapable of inheritances which deuolue upon them, by their triple vow made before the Governor of that Convent, till they confirm it again in a general Chapter. Ren. Choppinus de iu●e Coe●obi. .2. tit. 3. n. 9 Quod ita iudicatum, (says a French Lawyer) Mirabundus accepi. 27 The Franciscane Friar Giles, did so much abhor all temporal provisions, Seduli. Apolo. l. 2. c. 6. n. 7. that he told Saint Francis, he did not like the Ants, because they took such pains to provide victuals for Winter. And when a Friar told Saint Francis, Ibid. n. 14. that he came, A Cella Tuâ, when he heard the word Tu●, he would lie no more there. But the Jesuits have not so much devested themselves of Propriety, but that they may have propriety in temporal possession: Yea, they will have Propriety in Treason; and will have proper and singular Plots of their own, and not join with your Priests, Watson and Clarke, in their Plot, nor be Traitors in common with them. 28 This is their errand; and for this, like him, who employs them, job 2.2. They compass the Earth, too and fro. Nor are they more like the Circulatores, and Circumcelliones, Danaeus in Aug. de Haeresib. c. 69 Prateolus verbo Circu●tares Alf. Castro. verbo Ecclesia, & Martyrium. a limb of the Donatists, in this their uncertain running about, then in that other quality of theirs, to urge and importune, and force men to kill them, and if they could not extort this from others, then to kill themselves, and call all this martyrdom. For only of this vicious inclination of jesuits to an imaginary martyrdom, I purposed to speak in this Chapter; but that being occasioned by the way, to deal with men of a various uncertain Constitution and Nature, I have taken part of their fault, and as a Physician coming to cure, sometimes receives some of the Patient's infection, so spe●king of their running and wandering, I have strayed somewhat from the directness, and strictness of my purpose. 29 Therefore to pursue it now, they are so much more intemperate and importunate upon this Pseudo-Martyrdome, than any others; by how much they are more severe maintainers and encreasers of those Doctrines of the Roman Church, which we noted to beget this inclination. For when the spirit of God awaked certain Reformers of his Catholic Church, of which the Roman Church had long time been the head, that is, the Principal and most eminent, and exemplar member (for I am ever loath, to seem to abhor, or abstain from giving to that Church, any such St●les and Titles, as she is pleased and delighted in, as long as by a pious interpretation thereof, her desire may thereby be satisfied in some measure, our Churches not injured nor prejudiced, and the free spirit of God, which blows where it pleaseth, not tied nor imprisoned to any place, or person) at that time, I say, these servants of God, and of his Church, had no purpose ●o run away from her, and leave her disease's to putrefy and ●ester within her bowels. Nor did they uncover her nakednesse● out of any petulancy of the●r own, nor proclaim her filthiness to defame or diminish her dignity. But with the liberty of a Midwife, or Physician, or Confessor, they surveyed her secretest infirmities, they drew to the outward and visible parts, that is into consideration, her inwardest corruptions, and so out of that duty, were enforced to look into and be conversant about her Ordures, and other foulenesses, and could not dissemble nor forbear, earnest, and bitter informing her of her own distemper and danger, which was a work of more zeal and humility, than those childish obediences, which you so much extol in your Disciples, of sweeping Cobwebs and washing dishes. 30 And they proceeded so wis●ly, and temperately, and blessedly herein, that in a short time many of her swellings were allayed, and her indurations somewhat mollified, as appears by the Colloquies, and consultations in many places, ●or a moderate and mannerly way of purging her corruptions. For certainly her diseases were not then so much in question or doubt, as whether it were for her honour, to be beholden to so mean Pe●sons for health, as these beginners were: Or for her safety to trust herself in such physicians hands; for now divers secular ●r●nces were come to give their assistance. And as some diseases produce so violent and desperate Symptoms, as the Physician must sometime neglect the main original Disease, and attend only to cure the Accidents: So, though the Doctrine of Purgatory, were at that time no member of the body: That is, no part of the Catholic faiths but served that body only for Nails to scrape and scratch together, Those spiritual Physicians busied themselves much, to pair those Nails which defaced the beauty and integrity of the whole body, and so to slacken that griping hold, which they had taken upon men's estates and Consciences, by ●he terror of Purgatory, and ver●ue of their indulgences. 31 And as to both sides, there appeared evidently in the Doctrine of Merits, as the Schoolmen (which then Governed ●n the Church, by reason of the discontinuance of Counsels) had sauced and disguised it, many abominations, derogatory to the Passion of our Blessed Saviour: So did they all confess, in ●he Doctrine of Purgatory so many mixtures of conjectural, incredible, impossible fables, as might have scandalized and discredited any certain truth by ●heir Addition. But when on the one side, the Reformers encouraged by this entrance, thought they might proceed further, and so offered to dissect and anatomize the whole Church, and thought to fill every vein, and restore and rectify every Sprane and dislocation, and to take off every Mole, and pair away every Wemme, and to alter even the fashion of her clothes, so that all, both substance and ceremony came in question: And the Roman Church on the other side, foresaw her precipitation, that if they stopped not at the top, they could not at the middle of the hill, thought it better not to begin, than not to know where to end, and so mistaking the medicine to be worse than the disease, departed from further consultation, justified their corruptions, and by excommunications put away those servants, which had done them these offices, and whom now they call Schismatics and Heretics, for departing from that Church, which would afford them, not only no wages, but no other room, than a fire. 32 And then, as all recidivations and relapses, are worse than the disease, upon this relapse, came the Council of Trent, which did cover and palliate some of these ulcers, and promised the cure of the rest, though they never went about it yet; And then the Jesuits, who cry that all there is health and soundness, and that there is none any where else yea that the Church was borne thus, and that she is as well, as she was in her Cradle, and that whatsoever she thinks, or says, or does is by a divine power, inherent in her; as though there had been sowed in her at first certain seeds of jure Divino, which now in our age, by the cultivating, and watering, and industry of the Jesuits must fructify and produce in her, all these effects. For they will abate nothing; their consciences are as tender and delicate, Baron. Martyrolo. 21 Oct. ex Lind●no. as the ground at Coleyne, where some of S. Vrsulaes' eleven thousand Virgins are buried, which will cast up again in the night, any that is interred there, except she were of that company, though it be a child newly baptised: So the jesuits stomachs cannot endure this, that the Popes should be great by Privileges of Princes, or Canons of Counsels: but all must be jure Divino. So that that note, which the law casts upon some Advocates, will lie heavy upon the Jesuits, Par. de puteo. De Syndic. c. de excess. Aduocator nu. 15. They are too careful of their cause, and therefore they are presumed to invent falsehood. 33 For though it be hard for any man to go further on the left hand, than the Council of Trent hath done, in these two doctrines of Merit and Purgatrry, and every Catholic be bound to that Council, yet as in most other Doctrines, so in these also, Pelargus hath noted the Jesuits to have gone beyond others, Pelargus de Novo Iesu●tismo and therefore more than others, they incite, in these points, to a false martyrdom. 34 But as the late invention of Artillery and Gunpowder, though it have much horror and affrightment in it, yet ha●h not done so much harm, as it threatened, because the fury and violence thereof, hath occasioned men to study more ways of defence and avoidance, so th●t we see the wars devour fewer men now, then before this invention came: so hath the impetuous rage and pertinacy of the jesuits, in oppugning every thing which they find not to be at Rome encouraged other Churches to oppose strong defences against them, and superstition swallows fewer men now, then before these new Engineers laboured to promote and advance her: And as those instruments of battery which the ancients used in the wars, were more able to ruin and demolish, than any which are made out of this new invention, but were left off, and does accustomed only because they were not so maniable and tractable, and apt for transportation, as these are; So certainly the Arguments and books of the Friars, and Schoolmen of the Roman Church, which is the Arsenal from whence the Jesuits provide and ●urnish themselves, have as much force against the truth, as the subtleties of the Jesuits, but that these men a●e by their Rule and Constitutions, apt for conveyance and insinuation, than the dull cloysterall Monks can be. 35 For there are divers poisons which cannot work, except they be ejaculated from the creature itself that possesseth it, and that his personal and present lively malignity concur to it, and give it vigour; for which these ubiquitary Monks have the advantage of all others. 36 Nimietates sunt aequalitates, says Cassianus. And so, two extremities, have made the Schoolmen and the Jesuits equally valiant: for the Schoolmen out of an ignorance of danger, having never come to hand-blowes, would venture upon any piece of service, and any employment, and pierce through and spy, even into God's secret Cabinet of his Essence, and of his Counsels, as a fresh Soldier will go with alacrity to any breach. And then because these sublime and airy meditations must have some body to inhere in, they used to incorporate their speculations of God, in the Pope; as it were to arrest and conserve them the better, being else too spiritual and transitory. And so they have so much exemplified them, one in the other, that they have made them so like, and equal in their writings, as though they were but one. 37 And the Jesuits out of a desperate necessity must maintain their station, because if they yield one step, they will be the less able to stand in the next; but after they have confessed that the Church hath erred in one thing, thinking that will subject her in all, no place of Scripture is so abundantly and evidently pregnant, no reason or consequence so directly and necessarily deduced, and concluded, no History nor matter of fact so faithfully presented, and so certainly and religiously testified, but they will stand stubbornly, and desperately to oppugn and infirm it. 38 What wound so ever they receive in this battle, they disguise and hide from their Disciples, by forbidding our books. And as Ribadeneyra says of their Father Ignatius, l. 4. C. 18. That he halted of the wound which he received at Pampelune, but so little, that the most curious could scarce discern that he halted, So by some evasions, or supplements, or concealings, they ever dissemble their maims and deformities. 39 To which purpose they have one round and dispatching way, which is, not only to neglect, but to brag of all which we impute to them● for so one of them says, Spongia pro jesuitis. cont. Equit. Polon. fo. 20 That it is the greatest Argument of Innocence, to be accused by us: And that he cannot be guilty of error in Religion, whom an Heretic condemns. For, as it was pa●t of the Oath of the Grecians, against Xerxes, that those Temples which the barbarous Army had demolished, Muretu●. Variar. L●ct●on. l. 3. C. 10. they would not re-edify, that thereby there might be a continual testimony remaining of the impiety, So I think the Jesuits flatter themselves with some such resolution, by leaving unanswered the books and arguments of so many reverent persons, which have spoken plentifully and prosperously, of these points of Merit and Purgatory. 40 But of their other Doctrine, by which more than others, they provoke to this lavish, and contemptuous expense of life, which is, The aviling of the dignity of Princes, there can never enough be said. For all other Orders may consist, and execute and perform all their vows, without any injury to Princes: They may be as poor as they will, till they come to that state, if they desire it, Vita eius. ●o. 591. which Nerius begged of God, That he might lack a penny, and no body might give it him, They may be as chaste, Gretz. in Hasenmill. fo. 118. as that jesuit which Gretzer says he knew, who being not able to scape from a woman which tempted him, and held him, anointed his own face, retrimentis suis, that thereby she might abhor him, They may be as obedient as Cassianus says the Tabennentiotes we●e, De Institut. Renuntiant. l. 4. C. 10. who durst not presume, without leave of their Superior, Naturali necessitati satisfacere; Or as that Friar john, Idem. l. 4. c. 24. who at his abbots command, planted a dry withered stick, and twice a day, for a whole year, fetched water two miles of, to water it, sparing no festival day, nor apprehending any impossibility in it; Sedul. Apolo. l. 2. c. 5. N. 5. Or as Saint Francis his Novice, who at his bidding set plants, with the head downward. These things they may do, and yet be good subjects. But the Supernumerary Vow of the Jesuits, by which they do especially oblige themselves to the Pope's will, do●h in the nature, and Essence, and scope thereof, make them enemies to the digni●ie of all Princes, because their Sovereignty cannot consist, with that temporal Supremacy which the Jesuits must maintain, by the obligation of that vow, by which they are bound, with expense of their lives, to penetrate any Kingdom, and instill Sedition into their Disciples, and followers. 41 How fast this infection works in them, as by many other Demonstrations, so by this also it appears evidently, that there are extant more Authors of that one Order, that have written of Secular businesses, and of jurisdiction of Princes, then of all the rest, since their beginning. For, their Casuists, which handle Moral Divinity, and weigh and measure sin (which for all that perplexity and entangling, we may not condemn too hastily, since in purest Antiquity there are lively impressions of such a custom in the Church, to examine with some curiosity the circumstances, by which sins were aggravated or diminished) do not only, abound in Number, especially of the Spanish Nation, but have filled their books with such questions as these, How Princes have their jurisdiction, How they may become Tyrants, What is lawful to a private man in such a case, and of, like seditious nature. So that they have abandoned the stale, and obsolete names, of positive Divinity, or Controverted, or School Divinity; and have reduced all to Crown Divinity. 42 And yet they account the handling of these points, to be but a dull and obvious learning in their Colleges, as though any man were able to resolve questions against Princes● for they have a Rule, that they which are unapt for greater studies, shall study cases of conscience. 43 So also of the Immunity of the Church, out of which, if it be denied to be by the Indulgence of the Prince, issues and results presently the dimunition of the Prince, they have written abundantly, and desperately. So have they of the Institution of a Prince; Mariana de R●ge. l. 1. c. 7. of which, one of them writing and presuming and taking it as vulgarly known, that it is lawful in some cases to kill a King, is careful to provide, lest when you go about to kill him, by putting poison in his meat or drink, you make him, though ignorantly, kill himself. So have they also of Military institution many Authors; and of as many sciences as concur to public affairs. 44 And with such books as these they allure and catch ambitious wits; which having had a lower and darker breeding in schools and universities, have some hunger of reading state learning, in any form, much more, where they shall find it more freely debated upon, then if they had had place at twenty Council Tables, or Conspiracies. And as Averroes is said to have killed Avicen, Bin●feld. de Confess S●g●●um. foe 216. by anointing the book which he knew the other would read, with certain poison: and as it is said, that whatsoever flew over the jews Targum, Pet. Galatin. de verit. Christ. l. 1. ●. 3. whilst the author thereof was compiling it, was scorched with the beams thereof, so do these books of theirs enuenome and catch hold of all such, as bring in themselves any desire to come within too near a distance of them. 45 And of all these kinds of books, without doubt we should have had many more, but that, as the gatherer of all the writers of the Carth●sian Order, not daring to slip and leave out the present General Bruno, Petrei Bibliothe. Carthus foe 35. and finding no books of his making, says, That since he hath an excellent wit, and singular learning, ●e could write many books if he had leisure, and in the mean time, he took care that the missal should be printed in a fair character and delicate paper: So the Jesuits, since ●hey have a vow to bind them to it, and a natural disposition to incline them, could wri●e more booke● to this purpose, but that they are continually exercised in disposing actual plots: And yet in the mean time they take care, that the Pope's Breves be procured, promulged, concealed interpreted, or burnt, as the cause may be most benefited and advanced. 46 And I do not remember, that I have found in the Approbation of any jesuits book, this clause which is so ordinary, in most of the works of other men, Nihil fidei contrarium, aut bonis Moribus, aut Principibus: Spongia contr. Equit. poxon. f. 78 And yet they say, that in printing their books, there is great caution and diligence used, and that they pass the hands of men most intelligent, and of mature judgement: but, as it seems by this remarkable omission, no good subjects nor favourers of Princes. 47 If they do thus much when they are servi papae, what will they do when they are famuli? which difference I learned out of the Missal, Missal. Roma. ex Decret. Con. Trid. restitut. where a Bishop must pray, vnd come me indigno servo tuo; but the Pope, Famulo: For he may well be said to be in Ordinary with God, since he is one Ordinary with him; Specul. utriusque Dignit. c. I. n. 34 Idem. c. 18. n. 7. for so says Aluares, God and the Pope have one Consistory: and in another place, All cases reserved to God, are reserved to his Vicar: so that by that Rule, what ever God can do, in disposing the matters of this world, the Pope also can do: for there he says, out of Hostiensis, that that direction, Dic Ecclesiae, if the Pope sin, who cannot be complained of, is meant, Dic Deo, ut convertateum, aut Dic Ecclesiae Triumphanti, ut oret pro eo. 48 So when Bellarmine who had done sufficiently for the Pope, whilst he was but a Servant, that is an Ordinary jesuit, came to his familiarity, and household service, by being a Cardinal in the Consistory, and so grew more sensible of the Papacy, being now himself, as they speak, Papabilis, he takes all new occasions, to extol his Master, and his Throne and Sea: And having many years neglected his own defence, and answered such great men as opposed him, only with such Proctors as Gretzer, and Eudaemo-Ioannes, vnprouoked he rises up in the Venetian, and in the English cause, to establish by new books, the new Article of Temporal authority in the Pope. And since that, Binius To. 4. fo. 512. as Aeneas Silvius, retracted all which he had written before for the Basil Council, when he came to be Pope: so Bellarmine when perchance he would be Pope, hath made a new survey and Recognition of all his works; in which, as though he had been too moderate before, in all those places, which concern this question, he hath expressed a supple and variable conscience, a deject slavery to that Sea, and a venomous malignity against Princes; of which it seems to me expedient to present a few examples. 49 I allow not now, says Bellarmine, that which I said before, De pont. l. 4. c. 8. §. probatur. That Infidel Princes may not be deprived by the Church, of that jurisdiction which they have over Christians: for though Durandus do probably teach so, against Saint Thomas, and I then followed his opinion, yet now the authority of S. Thomas prevails more with me. Yet he had seen and considered both their reasons before. 50 In another place he says, Now I allow not that which I said before, that Paul appealed to Caesar, as to his judge. De pont. l. 2. c. 29 §. secundo. De Clericis l. 1. c. 16. § postea. And after, Whereas I said, that Popes used to be chosen by Emperors, the word Emperor, potest & forte debet deleri: For (says he) I followed Gratians Canons, which, as I learned since, are not approved ● And again, when I said That the Pope was subject to the Emperor, De Concil. l. 1 c. 13. § Quarta. as to his temporal Lord, I meant De facto, not De iure: and this course he holds in that book of Recognitions. 51 And here we may conveniently conclude this Chapter, of the Jesuits special advancing all those doctrines, which incite to this martyrdom, after we have produced some of their own testimonies of their inordinate hunger thereunto, and of the causes for which they affect it. 52 One of their spiritual Constitutions is, That every one of that Order must think that Christ spoke to him when he said, 〈◊〉. 4. he that doth not hate his own life, etc. And so they make an obligatory precept, to bind at all times, of that which was but a direction for our preparation and readiness to suffer for his sa●e. 53 Ribadeneyra names two Jesuits in the ●n●dies, which being sick in bed, when they might have escaped, Catalogue. Sc●●p. Ies●it. ●o 100 came forth half naked, and voluntarily offering their throats, were slain. And he says that Simon Acosta (one of the five brothers, who were all of this Order) declared himself to be a jesuit, when ●e was not known, that he might be put to death. And so Aquaviua, being pursued, refused a horse, by which he might have scaped, F●. 196. and chose rather to die, then ride. And yet this was amongst Infidels, where the Harvest was great, and the workmen few: which kind of intemperance hath been formerly condemned out of their own authors. 54 But of this point it is enough to relate the words of him, who speaks in the person of all the Jesuits; who calls himself Clarus Bonarscius, but is unmasked and disanagrammatized by his fellow, who calls him, Carolus Scribanius, Ribadeneyr. Catal. Script. jesuit he says, That the Scaevolaes', the Cato's, the Porciaes', and the Cleopatra's, are nothing to the Jesuits: For they (says he) lacked courage, Amphitheatrum Honoris l. 1. c. 4. § Primo. Ad multas mortes, And in a few years, he says, they have had three hundred Martyrs: Therefore he says, that they of that Order do violently tear out martyrdom, rapiunt spontanea irruptione; Fo. 41. and, Crederes Morbo adesos: and for what causes do they this? Lest the rest of their life should be barren of merits, and pass away empty of glory: and then he passes to them who have died in England; and as in these men, this hunger of false-Martyrdome, goes ever together with blasphemy against Princes, there he heaps Eulogies upon Campian, and reproaches upon that sacred Prince, for treason to whom he perished, whom this wretch dares call Anglicanam Lupam, and after, Saevientem Caluinianam lupam: Fo. 44. and after this he says, That when they come to this Order, they bargain upon this condition, ut liceat prodigere animas, hostili ferro. In which, I think, he relates to that Oath, which they take in the College at Rome, by a Constitution of the Pope; that they shall return into England, Baron. Martyrolog. Decemb. 29. to preach the Catholic faith publicly there: which Oath Navarrus says binds them so strictly, that they are disabled to enter into any rule of stricter religion, though that were a further degree of perfection, Navar. De Regular. Consil. 1. but must necessarily return into England: Of which oath we will say no more, but only repeat Baronius his Panegyrique, and incitatorie encouragement, speaking thereof: The holy society in her safe sheepfolds hath fatted you, as innocent lambs for this martyrdom, and she sends you forth to triumphs, and advances you to Crowns. Be therefore courageous and valiant, you who have vowed and betrothed your blood by an Oath: for my part, I envy you, that are designed and apparent martyrs, and wish that my end may be like yours. And what he assigns for one cause of this martyrdom, to which he provokes them, and congratulates their interest therein, we declared out of his words before in the shutting up of the last Chapter, which was Defence of Ecclesiastic immunity; that is debasing, and diminishing of Princes. And thus we have gone one step further: and to the former, which were, That the desire of martyrdom might be vicious, & that, as the Roman authors observe in the first times, it had been so; and, That by the Roman doctrine it must of necessity be so, we have added now, that the Jesuits more than any, inflame thereunto. CHAP. V. That the Missions of the Pope, under Obedience whereof they pretend that they come into this Kingdom, can be no warrant, since there are laws established to the contrary, to give them, or those which harbour them, the comfort of martyrdom. IN the end of the second Chapter, I mentioned a Canon of the Eliberitane Council; And as in that place it had this use and office, to show that the intemperate and inopportune affectation of martyrdom, needed a restraint in some, too emulous thereof, by Eulalines' Example, So may it very properly and needfully have a place here, because it shows the reasons, why certain men were not received for Martyrs, by the Church. 2 And the Authority of this Council is of great force, as well by reason of the purity of the time, in which it was celebrated, which was about three hundred and five years after Christ, and twenty year before the Nicene Council, as especially, in this point of martyrdom, because it was held in continuing Persecution, and when the danger was imminent in those parts, in which the people needed direction and instructions And also, because now there is no doubt of the genuine integrity of this Council. De Imagine. l. 2. c. 9 For, though Bellarmine imputed some errors to it, as being too severe against such as had slipped in time of Persecution, and Baronius spoke sometime of it, Ann. 55. n●. 119. Somewhat freely au● sharply, saye● Binius, yet after that, Ann. 305 nu. 42. he changed his opinion, and he, and Biniu●, have now redeemed all the Canons of that Council from any imputation. 3 Of which Canons, this is the sixtieth: That they which break the Idols of the Gentiles, and are slain by them, shall not be received in●o the number of Martyrs. Because, this is not written in the Gospel, nor found that it was ever done by the Apostles. So that by the opinion of that Council, that only is a sufficient cause to entitle and interest a man in the Crown of martyrdom, Which was found written in the Gospel, or practised by the Apostles. And is there any thing found in either of them, which may be a precedent to this mission? Mat. 3.14. Christ appointed twelve, whom he might send to Preach; but what? Luke 9.2. The Kingdom of God. And assoon as Saul had an inward mission, the Text sayest Straightways he Preached even in the Synagogue. Act 9.12. But what? He Preached Christ; And what did he Preach of him? That he was the Son of God; And that it was he that was ordained of God, Act. 10.42. a judge of quick and dead: And● as himself says, of his practice after, We preach Christ crucified. But this mission from Rome, 1. Cor. 1.23. is not to Preach Christ, but his Vicar: Not his kingdom of Grace, or Glory, but his title to Temporal kingdoms: Not how he shall judge quick and dead at his second coming, but how his Vicar shall inquire, Examine, Syndicate, Sentence, Depose: yea, Murder Princes on earth: Not Christ crucified, languishing for us under Thorns, Nails, Whips & Spears, but his Vicar enthroned, and wanton groaning under the weight of his Keys, and Swords, and Crowns. 4 Christ said to those whom he sent, What I tell you in darkness, Matth. 10.27. that speak you in light, and what you hear in the ear, that Preach you on houses, and fear not them that kill the body. And if no other thing were told you in darkness, and whispered into your ears, at your missions hither, than those which our Saviour delivered to them, you might be as confident in your public Preachings, and have as much comfort of martyrdom, if you died for executing such a Commission. But what your instructions delivered in darkness, and told in your ears, are, appears now enough, by Inspection, by Confession, Martyrolog. Decemb. 29. by Testimony, by Practice, by Analogy of your doctrine, and by Baronius words, That you are sent hither to defend the immunities of the Church, which delivers you from all subjection to the King, and from being Traitors whatsoever you attempt: as also to defend the Catholic Faith, which first makes it heresy to depart from the subjection to Rome, and then makes it a forfeiture of all jurisdiction to incur that heresy. Except this be written in the Gospel, or practised by the Apostles, you cannot be Martyrs for this. 5 But to descend to reasons of a lower nature, of the law of Nations, Alf. Aluares spec. utri. Dig. c. 31. N. 1, 2, 3, & 12.16, 17. & ca 41.12. Azor. Mor. just. par. 2. l. 4. c. 18. & par. 1. l. 8. ca 24. and conveniency and decency; since all those which maintain the Spanish Expeditions, and proceedings in the Indies, by the strength of the Pope's Donation, concur in this, That into what place soever the Pope, or any Princes may send Priests, they may also send Armies for the security of those Priests, and them whom they have reduced: and since it is evident by all your Writers, that the Pope hath more jurisdiction over Christian Princes relapsed from Rome, then over Infidels, might he not for safeguard of his Apostles, send Fleets and armies hither? and is it not the common and received opinion, which Maynardus delivers, that in all cases where the Pope may enjoin, De privileg. Eccles. Ar. 10. n. 25 or command any thing, he may lawfully proceed by way of war, against any that hinder the execution thereof. If then such armies and Fleets were sent to conduct you, and were resisted in their landing, or defeated in battle; had not they as good title to martyrdom as you? and may not the Pope as well Canonize the whole Spanish Fleet, which perished in 88 for your Catholic faith, and Ecclesiastic immunity? since in many cases, comen. in Mat 1. in fine. as in the Innocent children (of whom Hilary says, that they were exalted to eternity, by martyrdom) one may be an implicit Martyr, though he know not why he died, so he have no actual reluctation against it. 6 And it is very probable, that their title was better than yours, for this point of sending, because they were under the obedience of them which sent th●m: but for you, (not to dispute now whether the cause be enough for martyrdom, or whether your obedience can give it that form, and life, and vigour) you are so far from being sent, or from exercising any obedience in this act, that your first step, which is going out of the kingdom, is absolutely and evidently disobedience to your Prince, before you have any colour of having submitted yourself to any other superior; and than you enter into the College, upon condition that you may return, and you ta●e an Oath before hand that you will return: So that you return not hither in obedience of your Superior, but in performance of your own unjust, and indiscreet Vows: both which, in all Vows, are Annulling or vitiating circumstances. Neither doth this Oath so far bind you to return, (though Navarrus say so) but that one of the learnedst of the Jesuits, thinks, If that be forborn, and some Order of Religion embraced in stead thereof, Azor. par. 1. l. 11. c. 5. §. Animaduertendum. the oath is better performed. 7 And, if these laws which take hold of you, when you return hither, had been made between the time of your vow, and your returning: and if they had been made directly to that end, to interrupt and preclude the performance of this Vow, yet naturally they would work the same effect upon this Vow of yours, and make it void, because something was now interposed, which may justly, yea ought to change your purpose: For if that law had been made before, your Vow had been unjust from the beginning; which is the case of as many of you, as have gone since the making of those prohibitory laws. For a law which forbids upon pain of loss of goods, Sayr. Thesau. Cas. Consc. l. 3. c. 7 nu. 25. death, banishment, or such, binds a man upon pain of mortal sin; and therefore no Vow can justify the breach thereof. 8 All this, if the laws be just, is evident and without question, and how could it be evident to all those young Scholars which went over, and made this vow, that these laws were unjust? What infallible assurance could they have of this, to excuse them of disobedience in going, or indiscretion in swearing? 9 Their own men teach, that the laws of Princes are not therefore necessarily unjust and void, Alf. Castro de potest. l●gis. l. 1. c. 5. Docuna. 1. because the Prince had an ill intention in making them. As if the Prince propose and purpose particular gain, by exacting the penalty of the law, or revenge upon certain persons, by executing thereof; this makes not your law void, so that it be profitable to the body of the Commonwealth: much less were our l●wes in this case, subject to that frailty, and de●eseablenesse, because they were made (to omit in this place the principal inducement, for the glory of God, and preserving his gospel impurity and integrity) in such necessities, as without such defence, the person of the Prince, and the civil and Ecclesiastic state, must have suffered daily, and dangerous fluctuations, and perils of shipwreck; which dangers continue upon us yet; and therefore the same physic must be continued. 10 For Lawyers teach us, that the word Potest, doth often signify Actum: Bartol. Dig. Indi. Sol. le. 4. §. Sireus. And what the Pope may do, their books threaten in every leaf: and then against such a man a● useth to do as much as he threatens: Aluares spec. v●r Dignit. c. 41. n. 10 ex multis aliis. the Lawyers tell us, many● And against such all ways of defence are just, Gent. de jure belli. l. 1. c. 14. when any danger (to use the extent of Lawyers) are Meditated, Prepared, Likely, or Possible, for it is a beggarly thing, rather to be beholden to others modesty and abstinence, then to our own Counsel and strength for our security. So that, as when the three Emperors, Cod. Theodos. de Ep. & cler. ●●. 20. Valentinian, Valens and Gratian, had made a law, that no Ecclesiastic person should have any capacity to receive from noble women, who were then observed to be profuse in these liberalities, to the detriment o● their own estates, and of the public, Saint Jerome 〈◊〉, Epist. ad Nepotia He did not grieve that such a law was made, but that the covetousness of the Clergy had occasioned these most religious Princes to make that law: So you ought rather to lament, that the Doctrine and practice of some of your principal men, hath raised these jealousies and suspicions in a Prince, out of the conscience of his own equality naturally confident, then murmur at the law, or dis-councell the obedience to it. 11 For in these cases of natural preservation, it is not only lawful to make new laws, but to break any other, which are not directly Divine. And if you impute the worst condition of these laws, which malignity can object to them, which is, that those Catholics, which are innocent, which merely out of conscience, abstain from communicating with us, in the Word and Sacraments, shall be utterly starved and deprived of all spiritual sustentation, if the laws which forbid all Priests to enter, should be still executed; yet that inconvenience will not annul and make void a law, so far, as that to do against it shall be a just cause of martyrdom: for in making of laws, those evils which do occasionally or consequently a●ise from the execution thereof, Aluares spec. utr. d●g●i. c. 41. n. 7. must not be considered, but what the principal intention of the lawmaker was: Which, in our case was, the preservation of the public. 12 And yet the Catholics in England shall for all this be in as good condition here, as they should be in any Catholic Country, which were by the Pope's displeasure under a local Interdict; which the Popes do often impose, with small respect to the Innocents' for in the late business between the Church and the State of Venice by the Pope's Breves, the whole Dominion was Interdicted, because the Senate, which only was excommunicated, did not within three days do all those acts, which were so derogatory to the Sovereignty of that State. And so, that punishment, which is so severe, by the Canons, that as Boniface the eight observed, De scent. Excom. Alma matter in sexto. Verbo, In●urgunt It occasions many Heresies and indevotion, and many dangers to the soul: And, as the Gloss says there, by experience it appeared, that when a place had lain long under an Interdict, the people laughed at the Priests, when they came to say Mass again; was inflicted upon many Millions of innocent persons: all which, if that State had not provided for their spiritual food by staying the priests, had been in as ill case by that Interdict, and evocation of the Clergy, as the Catholics in England were by those laws of interdicting their entrance, considering with how much lenity in respect of their extreme provocations, they were executed. And if that relief which Vgolini gives to comfort the Venetians consciences, be of any strength, which is; that that which they lose in spiritual sustenance, De Intent. Ver. §. 1. nu. 11. they gain in the Merit of obedience, it may as effectually work upon English Consciences, as it could upon theirs. 13 No● is it so harsh and strange, as you use to make it, that Princes should make it Treason, to advance some Doctrines, though they be obtruded as points of Religion, if they involve Sedition, and ruin or danger to the State; for the Law says, Dig. ad Ley. in't. Mayest. tit. 4. l●● That is Maiestatis crimen, which is committed against the security of the State; and in that place, it calls Security, tranquillity: And whether our Security and tranquillity have not been interrupted by your doctrine, yourselves can judge, and must confess. 14 These Laws against which you complain, drew not in your Priests which were made in Queen Mary's time, though they were Catholic Priests, and exercised their Priestly function; and though they had better means to raise a party in England, because they were acquainted with the state, and knew where the seeds of that Religion remained: But in that Catholic Religion of which they were Priests, they found not this Article of Tumult and Sedition, and withdrawing Subjects from their obedience. 15 Is there not a Decretal amongst you, I● 70. tit. 4. c. 3. by which it Is made Treason to offend a Cardinal? which is a Spiritual offence; For it is also Sacrilege. And is ●here not another b● which A●● practisers by Simoney in a conclave, Ibid. tit. 3. c. 3. though they be Ambassadors of other Princes, are punished as Traitors? And if their Masters seize not their goods, confiscate by this Treason, within a certain time, the Church may. Doth not one of your own Sect v●ge a Statute in Poland, against a Gentleman of that Nation, Spongia Contra. Eq. Polon. fo. 29. That whosoever shall be infected or suspected of heresy, shall be apprehended as a Traitor, by any man though he be no Officer? And we Dispute not now whether your Doctrine be Heresy, but whether such points of Religion, as are no Articles o● Faith, nor derived from them, if they be Seditious, may not be punished as Treason, and properly enough called Treason. Epist. add Norimbergens. In which Pius the second ha●h cleared us and given us satisfaction, who says, That to appeal to a future Council, is not only Heresy, but Treason. And Simancha concurs to that purpose, w●en he says, Ench●rid. Ind. tit. 56. nu. 5. That they which have been teachers of Heresy, cannot be received though they recant in judgement, because it is enough to forgive one fault, but such are guilty of two deaths, and must be punished, as enemies to the State; And that therefore he whi●h attempts to corrupt the King or his Queen, or his Children with Heresy, is guilty of Treason. 16 And that there is a Civil trespass in Heresy, as well as a Spiritual, appears by confiscation of their goods in your Courts; which goods and temporal detriments, though the offenders be pardoned, and received into the bosom of the Church, and so the Spiritually offence be remitted, are never to be restored● no● repai●d. If therefore the Canon Law can extend to create Treason in a Spiritual cause● If amongst you, as it is Heresy to believe, ●o it is Treason to teach, that there is no Purgatory, shall it not be lawful to a Sovereign and independent State, to say by a Law; That he which shall teach, That a Priest cannot be a Traitor though he kill the King: and except a King profess entirely the Roman Faith, he hath lost all title and jurisdiction, and shall corrupt the Subjects with such seditious instillations as these, shall be guilty of Treason? 17 The Parliament of Paris in that Arrest and sentence, by which it condemned ●he Jesuits Scholar Cha●tel, who attempted to murder the K●ng, makes it Treason to utter those scandalous and seditious words● which he had spoken, and which he had received from False and damnable instructions (where●n it intim●tes the jesuits, whom the ●entence in other places, name, directly) which words are expressed or implied almost in all the jesuits Boots of State matters: That sentence also pronounces all the Jesuits Cor●upters of youth, ●roublers of the Peace, enemies of the King and State, And if they depart not within certain days, Guilty of Treason. And this sentence pronounces, That if any of the King's Subjects, should send his Son out of the Realm, to a Jesuits College, he should incur treason. 18 And though your expurgatory Index can reach into all Libraries, and eat and corrupt there more than all the Moths and Worms, though you have been able to expunge, yea evert, and demolish the Pyramid erected in detestation of you by this Arrest, yet your Deleatur will never stretch to the scar in the King's face, nor your Inseratur restore his Tooth, nor your expunctions arrive to the Records which preserve this sentence. 19 And came it (think you) ever into the opinion of the Catholics of France, that if a man by virtue or example and precedent of this Arrest, had been Executed as a Traitor, for speaking those forbidden words, or for sending his Son to the jesuits, he should have been by the Catholic Church reputed a Martyr? 20 When the jesuits were lately expelled from Venice, and when other Priests which staid there, were commanded by Laws to do their functions, did either the Jesuits apprehend this opportunity of martyrdom, and come back, or did the Priests find such spiritual comfort in transgressing this Law, that they offered to go out? 21 And in all our differences, which fell out in this Kingdom between our Kings, and the Popes, when so many capital Laws were made against Provisions and Appeals, (not to dispute yet whether de jure or de facto only, or whether by way o● Introduction, or Declaration) do you find that the Catholics then used the benefit of those laws, to the procurement of martyrdom? or hath the blood of any men executed by those laws, died your Martyrologes with any Rubriques? And yet those times were apt enough to countenance any defender of Ecclesiastic immunity, though with diminution of Civil and Secular Magistracy, as appears by their celebrating of Becket: ye● I find not that they afforded the title of Martyr to any against whom the State proceeded by the Ordinary way and course of law. 22 Why therefore shall not the French, and Italian, and old English laws give occasion of martyrdom in the same cases, as these new laws shall? At lest why should Campian, and those which were executed before these new statutes, be any better Martyrs than they? since they were as good Catholics as these, and offended the common law of England in the same point, as these. But if the Breach and violating of the later statutes, be the only or liveliest cause of martyrdom, then, of Parsons, who every day of his life doth some act to the breaking thereo●, it is very properly said by one of his own sect, R●baden. Catal. scrip. Ies●it. ●o. 109. That he is per totam vitam martyr. 23 And this may suffice to remember you, that you intrude into this employment, and are not sent, and that our Laws ought to work upon your Oath, of returning to the annihilation thereof, because both the necessit●e of the making and continuing ●hereof and the precedents of our own, and other Catholic Kingdoms, give us warrant to make seditious Doctrine Treason, and your own Canons and Judicature give us example, and (if we needed it) Authority to proceed in that manner. CHAP. VI A comparison of the Obedience due to Princes, with the several obediences required and exhibited in the Roman Church; First, of that blind Obedience, and stupidity, which Regular men vow● to their Superiors: Secondly, of th●t vsurpe● Obedience to which they pretend by reason of our Baptism, wherein we are said to have made an implicit surrender of ourselves and all that we have, to the Church; And thirdly of that Obedience, which the jesuits by a fourth Supernumera●ie vow, make to be disposed at the Pope's absolute will. THere hath not been a busier disquisition, nor subject to more perplexity, then to find out the first original root, and Source, which they call Primogenium subiectum, that may be so capable of Power and jurisdiction, and so invested with it immediately from God, that it can transfer and propagate it, or let it pass and naturally deri●e itself into those forms of Government, by which mankind is continued and preserved; For at the resolution of this, all Qu●stions of Subjection attend their dispatch. And because the Clergy of the Roman Church, hath with so much fierce earnestness and appearance of probablenesse, pursued this Assertion, That that Monarchal form, and that Hierarchy, which they have, was instituted immediately from God; Many wise and jealous Advocates of Secular Authority, fearing least otherwise they should diminish that Dignity, and so prevaricate and betray the cause, have said the same of Regal power and jurisdiction. 〈…〉 Ciu●. nu. 3. And even in the Roman Church a great Doctor of eminent reputation there, agrees (as he says) Cum omnibus sapientibus, That this Regal jurisdiction and Monarchy (which word is so odious and detestable to Baronius) proceeds from God, and by Divine and natural Law, and not from the State or altogether from man. And as we have it in Evidence, ●o we have it in Confession from them, that God ●ath as immediately created some Kings, as any Priests. And Cassanaeus thinks this is the highest Secular Authority that ever God induced: Catal. Glor. 〈◊〉 Consid. 23. For he denies That old or new Testament have any mention of Emperor. 2 But to mine understanding we injure and endanger this cause more, if we confess that that Hierarchy is so Immediately from God as they obtrude it, than we get by offering to draw Regal power within the same Privilege. I had rather thus far abstain from saying so of either, that I would pronounce no farther therein, than this, That God hath Immediately imprinted in man's Nature and Reason, to be subject to a power immediately infused from him; and that he hath enlightened our Nature and Reason, to digest and prepare such a form, as may be aptest to do those things, for which that Power is infused; which are, to conserve us in Peace and in Religion: And that since the establishing of the Christian Church, he hath testified abundantly, that Regal Authority, by subordination of Bishops is that best and fittest way to those ends. Tannerus de ●●bert. Eccles. l. 2. cap. 5. 3 So that, that which a jesuit said of the Pope, That the Election doth only present him to God, we say also of a King; That whatsoever it be, that prepares him, and makes his Person capable of Regal jurisdiction, that only presents him to God, who then inanimates him with this Supremacy immediately from himself, according to a secret and tacit covenant, which he hath made with mankind, That when they out of rectified Reason, which is the Law of Nature, have begot such a form of Government, he will infuse this Soul of power into it. 4 The way therefore to find, what Obedience is due to a King, is not to seek out, how they which are presumed to have transferred this power into him, had their Authority, and how much they gave, and how much they retained; For in this Discovery none of them ever went farther, then to Families; In which, they say, Parents and Masters had jurisdiction over Children, and Servants; and these Families concurred to the making of Towns, and transferred their power into some Governor over them all. 5 But, besides that this will not hold, because such Savadges as never raised Families, or such men as an overburdened kingdom should by lot throw out, which were pieces of divers families, must have also a power to frame a form of Government, wheresoever they shall reside, which could not be if the only root of jurisdiction were in parents & masters; This also will infirm and overthrow that Assertion, that if parents and masters had not this supreme Sovereignty, which is requisite in Kings, they could not transfer it into Kings, and so Kings have it not from them: And if they were Sovereigns they could not transfer it, ●or no Sovereign can divest himself of his Supremacy. 6 Regal authority is not therefore derived from men, so, as at that certain men have lighted a King at their Candle, or transferred certain Degrees of jurisdiction into him: and therefore it is a cloudy and muddy search, to offer to trace to the first root of jurisdiction, since it grows not in man. For, though we may go a step higher than they have done which rest and determine in Families, which is, that in every particular man considered alone, there is found a double jurisdiction of the soul over the body, and of the reason over the appetite, yet those will be but examples and illustrations, not Roots and Fountains, from which Regal power doth essentially proceed. Sepulueda, whom I cited before, says well to this purpose; De regn. & reg. offi. l. 1. That the soul doth exercise, Herile Imperium upon the body: and this can be no example to Kings, who cannot animate and inform their Subjects as the soul doth the body. But the power of our reason upon our appetite, is, as he says pertinently, regal Imperium; and Kings rule subjects so as reason rules that. 7 To that form of Government thereof for which rectified reason, which is Nature, common to all wise men, doth justly choose, as aptest ●o work their end, God instils such a power as we wish to be in that person, and which we believe to be infused by him, and therefore obey it as a beam derived from him, without having departed with any thing from ourselves. 8 And as to the end of this power, is always one and the same, To live peaceably and religiously, so is the power itself though it be diversly complexioned, and of different stature; for that natural light and reason, which acknowledges a necessity of a Superior, that we may enjoy peace, and worship God, did consent in the common wish and tacit prayer to God, and doth rest in the common faith and belief, that God hath powered into that person all such authority as is needful for that use; Therefore of what complexion soever the form of government be, or of what stature soever it seem, yet the same authority is in every Sovereign State: thus far, That there are no Civil men, which out of rectified Reason have provided for their Peaceable and religious tranquillity, but are subject to this regal authority, which is, a p●●er to use all those means, which conduce to those ends. 9 For those diffrences which appear to us in the divers ●ormes, are no● in the essence of the Sovereignty, which hath no degrees, nor additions, nor diminutions, but they are only in those instruments, by which this Sovereignty is exercised, which are ordinarily called Arcan●, and Ragion di st●to, as I noted before● and as the soul itself, hath as good understanding in an Idiot, and as good a memory in a L●thargique person as in the wisest and liveliest man; So hath this Sovereignty in ●●●ry state equal vigour, though the Organs by which it works be not in all alike disposed. And therefore the government amongst the jews before Sa●le, was fully a Kingdo●e in this acceptation: nor did they attend any new addition to this power, Sepul●ed. de regn. & reg. offi. l. 2. ●o. 91. in their solicitation for a King: but, because they were a people accustomed to war, they wished such a Sovereign as might lead their Armies; which office their Priests did not; and they grudged that their enemies should be conduced by better persons than they were. 10 And so, though some ancient Greek states, which are called Regna Laconica, because they were shortened and limited to certain laws, and some States in our time seem, to have Conditional and Provisional Princes, between whom and Subjects, there are mutual and reciprocal obligations; which if one side break, they fall on the other, yet that sovereignty, which is a power to do all things available to the main ends, resides somewhere● which if it be in the hands of one man, erects and perfects that Pambasilia of which we speak. 11 For God inanimates every State with one power, as every man with one soul: when therefore people concur in the desire of such a King, they cannot contract, nor limit his power: no more than parents can condition with God, or preclude or withdraw any faculty from that Soul, which God hath infused into the bo●dy, which they prepared, and presented to him. For, if such a company of Savadges, or men whom an overloaded kingdom ●ad avoided, as we spoke off before, should create a King, and reserve to themselves a liberty to revenge their own wrongs, upon one another, or to do any act necessary to that end, for which a King hath his authority, this liberty were swallowed in their first act, and only the creation of the King were the work of rectified reason, to which God had concurred, and that reservation a void and impotent act of their appetite. 12 If than this give us light, what and whence the King's jurisdiction is; we may also discern by this, what our obedience must be: for power and subjection are so Relative, as since the King commands in all things conducing to our Peaceable and Religious being, we must obey in all those. This therefore is our first Originary, natural, and Congenite obedience, to obey the Prince: This belongs to us as we are men; and is no more changed in us, by being Christians, than our Humanity is changed: yet hath the Roman Church extolled and magnified three sorts of Obedience, to the prejudice of this. 13 The first is, that which they call Caecam obedientiam: which is an inconsiderate & undiscoursed, and (to use their own word) an Indiscreet surrendering of themselves, which profess any of the rules of Religion, to the command of their Prelate and Superior; by which, like the unclean beasts, They swallow, Deu. 14. and never chaw the cud: But this obedience proceeding out of the will and election of them, who apply themselves to that course of life, cannot be of so great authority and obligations, as the other which is natural, and borne in us; and therefore, farther than it agrees with that; it is not out of rectified reason. 14 And though it seem scarce worthy of any further discourse, yet I cannot deny myself the recreation of surveying some examples of this blind and stupid obedience, and false humility, nor forbear to show, that by their magnifying thereof, and their illations thereupon, not only the offices of mutual society are uncharitably pretermitted, but the obedience to Princes prejudiced and maimed, and the lively and active, and vigorous contemplation of God clouded and retarded. Cassian. Collat. 24. c. 9 15 For when a distressed Passenger entreated a Monk to come forth, and help his Ox out of the Ditch, was it a charitable answer to tell him, That he had been twenty years dead, & in his grave, and could not now come forth? Yet it may seem excusable in them to neglect others, if this obedience make them forget themselves; as certain youths whom their Abbot sent with Figs to an Ermit, Id●m de Instit. Rengne. c. 40. l 4. losing their way, starved in the Desert, rather than they would eat the Figs, which they were commanded to deliver. Ibid. l. 4. c 27. & 28. Is it likely that when Mucius a Monk, at the command of his Abbot, who bid him cast his crying son into the river and drown him, did in the fervour of obedience obey it, God should reveal, Idem. Collat. 4. c. 20. That in that act, he accomplished Abraham's work? 16 Are these wholesome instructions, That it is a greater pride to do a good work against the Superiors command, than a bad, because they are vices under pretence of virtue? Climachus Scala. parad. Grad. 4. or this, That it is better to sin against God, than our spiritual Father, because he can reconcile us to God, but no body to him? Which doctrine it seems Heli had not accepted, when he said, If one man sin against another, the judge shall judge it, but if a man sin against the Lord, 1. Sam● 2.25. who will plead for him? How many grea●er matters must they of necessity leave undiscussed, that profess such tenderness and scrupulosity of conscience, Cepacius de eius vita. fo. 196. as the late jesuit Gonzaga, who doubted that when he had said he would go, Ad Domum professorum, he had sinned in an idle word, since he might have been understood well enough though he h●d left out the last words? Fo. 242. or that he had sinned in answering affirmatively to his Superiors question, whether he would go to a certain place, because he ought to have left it all to his Superiors will, without any affirmation? Was it due and necessary obedience, when desirous to be instructed in that point of Predestination, Fo. 244. and his Superior turning to a place in S. Augustine, and bidding him read there, being come to the end of the page, but not of the sentence, he durst not turn over the leaf, because he was bid to read there? Apol. l. 3. c. 1. 17 Sedulius seems glad that he had examples enough to furnish a Chapter, De simplicita●e Minoritarum; and he seems to have much comfort that he is of the same order, as Friar Ruffian was, who out of simplicity cut off a living Ho●ges foot, to dress for a sick body, and ●odde his Birds in the feathers: who also out of his humility, desired that he might stink when he was dead, and that he might be eaten with dogs. Idem. l. 2. c. 2. n. 2. And he says that Friar juniper was so simple, Ide. l. 3. c. 14. n. 2 that a Doemoniaque possessed man, ran seven miles from him, because the devil could not abide Patientiam juniperi. L. 2, c 5, n. 7. 18 Was it not Prodigium Obedientiae, as Sedulius justly calls it, in Friar Ruffin to go preach naked? And were there not some degrees of spiritual pride in Gonzaga, Vita eius foe. 100 who is praised because he had a pair of patched hose in Delicijs? and that he refused to put on a pair of old boots, Fo. 306. because a worshipful man had worn them? Fo. 326 and that when his hands did cleave with cold, he would put on no gloves? Was there not some measure of stupid insensibleness in him, when he durst not spit in any necessity at his prayers; Fo. 225. and that he knew not how many brothers he had? Fo. 191. And of desperate provocation, when he heard of a plague likely to be in those parts, to make a vow to visit those which were infected? Fo. 360. And of murmuring, when he grudged and grieved, Fo. 220. That he could find out no venial sin in himself? And of Inhumanity, when he was sorry, Fo. 346. if any body loved him? And of a seared and shameless Stubornenesse, Fol. 335. when he therefore desired to speak in public, because he had an ungracious and ridiculous imperfection in pronouncing the letter R. And asked leave, Fol. 288. E suggestu dicere, (which, I think, is to Preach) in Spanish, because he was sure to be laughed at by that means, being imperfect in that language? Fol. 187. And doth it not taste of an unnatural indolency in him, to say no more at the news of his Father's death, but that now nothing hindered him from saying, OUR FATHER WHICH ART IN HEAVEN; As if it had troubled his conscience, to say so before? 19 Who would not have been glad, Sedul. Apolo. l. 3. c. 6. n. 1. that such a Preacher should give over, as when Friar Giles a Lay man, called to him, Hold your peace Master, for now I will Preach, gave him his place? Who would wish S. Henry the Dane any health, Engl. Martyro. janua. 16. that had seen him, When worms crawled out of a corrupted Ulcer in his Knee, B. Dorotheus. Doctrina. 7a. put them in again? Or who would have consented to the Christian burial of that Monk, which Dorotheus speaks off, if he had died of that Poison, which he saw his Servant mistake for Honey, and put it into his broth, and never reprehended him, before nor after he had eaten the Sops: But when his Servant apprehended it, and was much moved the master pacified him with this, If God would have had me eat Honey, either thou shouldest have taken the Honey, or he would have changed the Poison into Honey. Relatione di Diego Torrez. Edit. Venet. 1604 fo. 5. Who would ever have kept company with the jesuit Barcena, after he ha● told him, as ●e told another jesuit, This jesuit died in Cusco An. 1598. That when the devil appeared to him one night, out of his profound humility, he rose to meet him, and prayed him to sit in his Chair, because he was more worthy to sit there then he? Who would wish Father Peter alive again, Sedul. Apolo. l. 3. c. 24. n. 26. since being dead, he is so afraid of disquieting his fellows, that he will give over doing of Miracles, for their ease? Or who would not wish them all dead, who possessing and filling all good places in their life, will be content to give some room after their death; Id. l. 3. c. 25. n. 1● as Friar Raynold, who having been three years dead, when another Holy man was brought to be buried in the same Vault, rose up and went to the Wall, and stood upright there, that the other might have room enough. Id. l. 2. c. 5. n. 8. 20 This is that Obedience by which they say, If a man were dignified so much as to talk with Angels, if his Superior called him, he must come away; Yea, one of them Being in discourse with our Lady, when an inferior Friar called him, unmannerly quitted her. And of this Obedience is Ignatius himself especially careful, Epist, ad fratres in Lusitan. Lest (says he) that famous simplicity of blind Obedience should decay. But this Obedience, and all other, are subordinate to that natural Obedience to your Prince, Extra. de Iu●, jur. su●ficiat. Glo. as Sovereign controller of all: For in all Obligations the Authority of the Superior is ever excepted. 21 And this Obedience must not be so blind, but that it may both look upward, what God, in his Lieutenant appoints to be done, and also round about to see, wherein they may relieve others, and receive from them. They may be circumspect, though they must not be curious. For abbeys, at first institution, were not all Chapels but Schools of Sciences, and Shops of manufactures. Now they are come to that, that they cannot work, Regul. Benedict. c. 48. Declarat. Quia Officia longa. They have indeed so many Offices, and so many Officers, that they need not work. But this strict obedience was imposed upon them then, because they were great confluences of men of divers Nations, Dispositions, Breed, Ages, and Employments, and they could be tied together in no kno● so strongly, nor meet in any one Centre so concurrently, and uniformly, as in the Obedience to one Superior; And what this Obedience was, and how far it extended: Aquinas, who understood it well, 22. ae. q. 104. Ar. 5. ad 3m. hath well expressed, That they are bound to Obey only in those things which may belong to their Regular conversation. And this use and office, that obedience which is exhibited in our Colleges, fulfils and ●atisfies, without any of these unnatural, childish, stupid, mimic, often scandalous, and sometimes rebellious singularities. 22 Any resolution which is but new borne in us, must be abandoned and forsaken, when that obedience which is borne with us, is required at our hands. In expressing of which truth, Saint Bernard goes so exceeding far, Ser. 3. de R●surr. Domini. as to say, That Christ gave over his purpose of Preaching, at the increpation, Mulieris unius, & fabri pauperis: And because his Mother chid him, when she found him in the Temple, from twelve years to thirty, we find not, says he, That he taught or wrought any thing, though this abstinence were contrary to his determination. So earnest is that devout father, to illustrate our Blessed saviours obedience, to a iurisdicton which was Naturally Superior to him. And therefore this submission, by our own Election, to another Superior, cannot derogate from the Prince, nor infirm his Title to our Allegiance or obedience. 23 Another obedience derogatory to Princes, they have imagined, connatural, and congenite with our Christianity, as this is with our Humanity, and conducing to our Well-being, and ou● everlastingness, as this doth to our Being and temporal tranquillity; which is, An obedience to the Roman Church, and to him, who must be esteemed certainly the Head thereof, a Azor. Mor. Instit. To. 2. l 4. c. 7. § Deinde. though sometimes he be no member thereof. 24 Certainly the inestimable benefits which we receive from the Church, who feeds us with the Word and Sacraments, deserves from us an humble acknowledgement, and obedient confidence in her: yea, it is spiritual Treason, not to obey her. And as in temporal Monarchies, the light of nature instructs every man generally, what is Treason, that is, what violates or wounds or impeaches the Majesty of the State, and yet he submits himself willingly to the Declaration and Constitutions, by which somethings are made to his understanding Treason, which by the general light he apprehended not to be so dangerous before; So in this case of spiritual Treason, which is Heresy, or Schism, though originarily, and fundamentally, the Scriptures of God inform us, what our subjection to the Church ought to be, yet we are also willing to submit ourselves to the laws and decrees of the Catholic Church herself, what obedience is due to her. He therefore that can produce out of either of these Authentic sorts of Records, Scripture, or Church, that is, Text or Gloss, any law, by which it is made either High Treason, Heresy, not to believe, that in my baptism I have implied a confession, That the Bishop of Rome is so monarch of the Church, that he may depose Princes; or petit Treason, that is Schism, to adhere to my natural Sovereign against a Bull of that Bishop, shall draw me into his mercy, and I will ask Pardon, where none is granted, at the Inquisition. 25 Else it is most reasonable (and that is ever most religious) to rely upon this, That obedience to Princes is taught by Nature, and affirmed and illustrated by Scriptures. If the question be, how much this obedience must be, I must say, all, till it be proved, either that Peaceable and religious being be not all the ends, for which we are placed in this world, or that the authority of Kings, exercised by the Kings of Israel and the Christian Emperors, is not enough to perform these ends. For, to say that a King cannot provide for means of salvation of souls, because he cannot preach, nor administer the Sacraments, hath as much weakness, as to say, he cannot provide for the health of a City, because he cannot give physic. 26 Till then, I shall be deterred from declining to this second obedience, by the contemplation of many inconveniencies, and impieties resulting from thence; first, by the vastness of that jurisdiction: For since they have taught us to say so, Extrau. Com. de Mayor: & Obed. unam sanctam Addit. we may say, Dominus non esset discretus, ut cum reverentia eius loquar, if he had laid the cure of the whole Church and the judgement of all matters emergent, Bertr●● Respondeo & dico. of fact and faith, upon one man; which he hath done, if Pesantius say true, That the Pope is, jure Divino, directly Lord of all the World: which book is dedicated to the present Pope, Alex. Peasant. de immunit. Eccles. & potest. pont. pag. 44 who by allowing it may justly be thought to favour that opinion. 27 How much it is, that they would entitle him to, Ind. Belg● foe: 86 appears by their expunction of a Sentence in Roselli a Catholic, though a Lawyer, That it is heretical to say, that the universal temporal administration is, or may be in the Pope: upon which book mine eye falls often, because you have been so lavish and prodigal in those expunctions, that a man might well make a good Catechism, and an Orthodox Institution of Religion, out of those places, which you have cast away. And by this one place we see what you would have, For if the universal administration of temporal matters be in the Pope, what need is there of Kings? Simancha de Rep. l. 3. c. 7. ex Stobao. You would soon forget kings, or remember them to their ruin; and look that kings should do to you, as condemned men are said to have done to the kings of Persia, to thank them that they were pleased to remember them. Azor. To 2. l. 4 c, 19 § Mihi And Azorius will not pardon their modesty, that say, that the Pope in dealing with temporal matter● uses but a spiritual power (though this in effect work as dangerously) but he useth (says he) Absolutely and simply a temporal jurisdiction. 28 And what can impeach this Universal jurisdiction, since all matter and subject of jurisdiction, that is, all men, may by their Rules be under him, by another way, that is, by entering into Religion: for first, De libert. Eccles. l, 2: c: 1 Tannerus the jesuit says, If Princes had their authority immediately from God, yet the Pope might restrain that authority of theirs, Maynardus de privileg. Eccles. Ar. 16. Nu 2. that it should fall only upon Lay-men: For, says another, He may take from the Emperor, all his jurisdiction, therefore any part thereof. And as many as will (says Bellarmine) may without the consent of their Prince, Bell. de Cler. l 1 c. vlt yea though he resist it, thus divest their Allegiance, as they might resist their parents if they should hinder them. 29 And in contemplation of this Universal jurisdiction, which might be, if it be not, in the Pope; Tannerus l. 2. c. 12, in fine: the jesuit whom we first named, breaks out into this, congratulation: If at this instant all the Princes and all their subjects, would enter into Religion, and transfer all that they had into the Church, would it not be a most acceptable spectacle to God, and Angels, and Men? Or (as he says before) if their estates were so transferred to the Church, though not their persons, could not Ecclesiastic Prince's rule and govern all these lay men, as well as they do some others already? But because, as he doubts in that place, Hoc in aeternum nunquam fiet, that all lay-men will come under them, they have provided that all Clergy men which be under them, shall be safe enough, De Institut. l. 1: c: 10 as well by way of Counsel (for so Mariana modefies his Doctrine, that the Prince should not execute any Clergy man, Aphor. confess. verb. clericus though he deserve it) as by positive way of Aphorisms, as Emanuel Sâ doth, That they are not subjects, nor can do treason: and by way of Fact, and public troubling the peace of all Christendom, as appeared by their late attempt upon Venice for this Exemption. 30 And as the immensnesse of this power averts me from believing it to be just, so doth this also decline me, that they will not be brought to tell us, How he hath it, nor How he got it. For as yet they do but stammer, and the Word sticks in their jaws, and we know not whether, when it comes, it will be Directly, or Indirectly. And they are as yet but surveying their Evidence; they have joined no issue; nor know we whether they will plead Divine Law, that is, places of Scripture, or Sub divine Law, which is interpretation of Fathers, or super divine law, which is Decretals of Popes. But Kings insist confidently, and openly, and constantly upon the law of Nature, and of nations, & of God, by all which they are appointed what to do, and enabled to do it, 31 Lastly, this infames and makes this jurisdiction suspicious to me, to observe what use in their Doctrine and Practice they make of this power. For when they have proceeded to the execution of this Temporal power, it hath been either for their own real and direct profit and advantage, as in their proceeding with the Eastern Emperors: And drawing the French Armies into Italy, and promoving and strengthening the change of the family and race of the Kings in France, or else the benefit hath come to them by whose advancement that Church grows and increases, as in the disposing of the Kingdom of Navarre; Or at least, the example and terror thereof magnifies the dignity, and reputation of that Church, and facilitates her other enterprises, for a good time after, as a Ship that hath made good way before a strong wind, and under a full Sail, will run a great while of herself, after she hath stricken sail. 32 When any of these reasons invite them, how small causes are sufficient to awake and call up this temporal Authority? The cause why Childerique was deposed, 15. q. 6. Alius. was not, says the Canon, for his Iniquities; but because he was Inutilis. And this was not, says the Gloss, because he was Insufficient, for than he should have an assistant, and coadjutor; but because he was Effeminate. So that the Pope may depose upon less cause, than he can give an assistant. For to be Insuficient for the Government, is more directly against the office of a King, then to be subject to an infirmity, which concerns his humanity, not his office. 33 And when the officers and Commissioners of the Roman Court, come to Syndicate Kings, they have already declared, what they will call Enormities and Excesses, Paris de puteo de syndi●. Ca de Excess Regum. by inuoluing almost all faults, whether by Committing or Omitting in general words; As, When he doth not that for which he is instituted; when he useth his prerogative without just cause, when he vexes his Subjects; when he permits Priests to kiss his hands; when he proceeds indiscreetly, and without just reason; And lastly, For any such hunting as they will call intemperate. To which purpose they cite against Kings generally those Canons which limit certain men, and times, and manners: And which, as the Gloss says of some of them, Dist. 86. qui venatoribus. are meant De venatione arenaria, When men out of vainglory, or for gain, fought in the theatres with wild beasts. And lest any small error in a King might escape them, they make account that they have enwrapped and packed up all in this, That it is all one, Par. de Put. ca Rex autem. whether a King be a Tyrant, or a Fool, or Sacrilegious, or Excommunicate, or an Heretic. 34 This obedience therefore which we neither find written in the tables of our Hearts, nor in the Scriptures, nor in any other such Record, as either our adversary willbe tried by, or can bind us, must not destroy nor shake that obedience which is Natural and Certain. In Io. l. 12. c. 56. Cyril hath made this sentence his own, by saying it with such allowance, It is wisely said, That he is an impious man, which says to the King, thou dost unjustly. Much more may we say it of any, that affirms a King to be naturally impotent, to do those things for which he is instituted; as he is, if he cannot preserve his Subjects in Peace and Religion, which the Heathen kings could do; whose Subjects had a Religion, and Ministers thereof, who wrought upon men to incline them to Moral goodness here, and to the expectation of future blessedness after death, though not by so clear nor so direct ways as Christian Religion doth. 35 The king therefore defends the Liberties of the Church, as the nature of his office, which he hath acknowledged, and Declared, and sealed to his Subjects by an Oath, binds him to do, if he defend the Church of England from foreign usurpation. And a most learned and equal man hath observed well, Casub. de lib. Eccles. fol. 46. That sides● Azor. Instit. Moral. To. 1 l. 5. c. 14. in fine. And since a jesuit hath afforded us this confession, That the Prince hath this Authority over Bishops, that he may call them as Peers of ●is Realm, And since their Clementines, or the Glosser, De scent. & re indic. Pastoralis Glossa. yields to us, That a Church Prelate may be a Traitor, because he holds some temporalities: how can they escape from being subject in all other cases; since their natural and native obedience is of a stronger obligation, than the accepting or possessing of these Temporalities: for, if ●ure Divino, the Character of Order, did obliterate and wash out the Character of civil Obedience, and subjection, the conferring of any temporal dignity or possession, could not restore it; for under colour of a benefit, it should endamage and diminish them, when a little Temporal honour or profit shall draw their spiritual estate and person to secular ●u●i●d●ction: ●or, as Azorius will prove to us, the king may call a Bishop as a Baron to the Parliament, and as the Canonist will prove to us, he may call him to the Bar as a Traitor. 36 To recollect therefore now, and to determine & end this point, the title which the Prince hath to us by Generation, and which the Church hath by Regeneration, is all one now. For we a●e not only Subjects to a Prince, but Christian Subjects to a Christian Prince, and members as well of the Church as of the Commonwealth, in which the Church is. And as by being borne in his Dominions, and of parents in his allegiance, we have by birthright interest in his laws and protection: So by the Covenant of Almighty God to the faithful and their Seed, by being born of Christian Parents, we have title to the Sacraments; which the king (to whom, as all the kingdom is his house, so all the Clergy are chaplains) ta●es care, that they duly administer to us which are his sons, and servants. 37 Nor doth the king and the Church direct us to divers ends, one to tranquillity, the other to Salvation, but both concur in both: For we cannot ordinarily be saved (which seems to be the function of the Clergy) without the exercise of moral virtue here in this life, nor can Christians do those moral virtues (which seem to be the Prince's business) without faith, and keeping the right way to salvation, because a Christian must do them Christianly. 38 For though Theologall virtues, Faith, Hope, and Charity, are infused from God, yet all religious worship of God is moral virtue. As therefore the office of all Heathen Princes, was to conserve their subjects in the practice of moral virtue, so far as it was revealed to their understanding; So is it now the office of Christian Princes to do the same. For God hath now so far enlightened us to the understanding of moral virtue, that we see thereby, that after God hath infused Faith, we make sure our salvation, by a moral obedience to the king's Government, and to their Ministry whom his providence appoints over us for our instruction. So that Christian subjects need no higher power than kings are naturally endued and qualified withal, to direct them to Salvation; but● because moral virtue is now extended, not in itself, but ●o our understandings or perchance perfected (for the Fathers deny often, that the Philosophers had any true moral virtues) Christian kings must now provide laws, which may reach as far in their direction, as moral virtue reaches now; and Ministers, that may teach us how far that is, and to conserve us in the observation thereof: For as, when all things are in such sort well composed and established, and every subordinate Wheel set in good order, we are guilty of our own damnation, if we obey not the Minister, and the Minister is guilty of it, if he neglect to instruct us, so is the Prince guilty of our spiritual ruin, and eternal perishing, if he do not both provide able men to give us spiritual food, and punish both their negligence and our transgressions: So that he is to account to GOD for our souls, and therefore must have natural means to discharge that duty well, or else could not be subject to such a reckoning for his transgressions therein. 39 The last Obedience which I intimated, as prejudicial to this of kings, is that which the Jesuits vow to the Pope; which is not the same blind Obedience, which I spoke of before for the jesuits swear that also to their Superiors, before they come to the perfection of this: But, as that is blind out of darkness, so this is blind out of dazzling. For they must be instruments in matters of State, and disposing kingdoms. 40 When some Priests in England were examined, what they would think of the Oath of Allegiance, if the pope should pronounce that it were to be held De fide, that he might depose Princes, they desired to be spared, because they could not pronounce De futuris Contingentibus. But these votaries, the Jesuits are not so scrupulous; They can resolve to execute whatsoever he shall command: perchance they think the Pope so much God, (for Jesuits must exceed in everything) that in him, as in GOD, there can be no Contingency. And therefore vowing their travel and labour, to the corrupting and aliening of subjects, to the combustion or translation of Kingdoms, to the aviling and eradication of Princes, they do not vow De futuris Contingentibus, but of things ever constantly resolved in the Decree, and Counsel, and purpose of the Bishop of Rome. 41 Though therefore Mat. Tortus: be no jesuit himself, S●pr●. la. le●tera de palmieri Romilo. Nella Roccolta fo. 183. yet in respect of his Master, who was one, I wonder he durst say, That the Jesuits made no other vow of obedience to the Pope, than other religious Orders did; which is such an excuse in their behalf, as no accusation could offend them so much; since their ambition is to serve the Pope by a nearer Obligation than the rest: which appears evidently enough, in the Bull of Paul the third, where this fourth vow is repeated. 42 And is it not a strange precipitation to vow their help to all his errors? of which they confess he may commit many in matter of Fact, by misinformation. So that they swear to execute that, which they are not bound to believe to be well commanded: yea they are not bound to believe, that he which commands them, is that person whose commandments by their vow they a●e bound to do, and yet they must do them. Simancha. Ench●r. jud. Tit. 5. nu. 3. For though they be bound to obey the Pope, Yet they are bound to believe that Paul the fifth is Pope: because those Elections have many vitiating circumstances, which annuls them. For if they could be certain, that the Election were free from all other corruptions, yet that Decretal in the Septimes, Li. 1. To. 3. c. 1. of Simoniacal Election, must of necessity keep all indifferent men in continual anxiety and perplexity. For, if any thing by any Cardinal, were given, or promised before, though the Election be by way of Assumtion and Adoration, when all concur in it, which they call, Viam spiritus Sancti, and therefore not subject to error, Yet there is a Nullity in this Election, and the holy Ghosts confirmation works nothing upon it, And the Person elected, hath neither spiritual nor temporal jurisdiction, but loses all the dignities which he had before, and becomes incapable ever after; And no subsequent Act● of Inthroning, Oaths of Obedience by the Cardinals, nor possession, though of long time, can make it good: And even those Cardinals, which were parties to the Simony, may at any time after, depart from his obedience, & all the rest of the Cardinals, which do not, forfeit their dignities. 43 It is scarce possible to be hoped, that in Elections there should be no degrees of that corruption, which this Decree labours to preclude, & which, it takes knowledge, to be so clandestine, and secretly carried, that coming to the point of annulling all those promises which were so made● your Law expresses it thus, Cum quavis Inexcogitabili solennitate & formà iurata. And if ever it should break forth, that any such thing were committed at Paul the fifth his Election, than he was never Pope: Which, though perchance it will not make void all his Acts, for some civil and convenient reasons, doth yet show the injustice, and indiscretion of such a vow, as binds the Votary to do some acts, which were not lawful for him to do, except an assured Authority of the commander did warrant it. 44 And if that measure which Aquinas gave before of Blind obedience, 22. e. q. 104. Art. 5. ad 3m. must also serve in this, which is; That they must obey in all things, which belong to their Regular conversations, that is, In all things to which their Rule, and Vow obliges them, then as no Sea can wall any kingdom against their entrance: So no watchfulness can arm any breast against their violence, since the increasing of that Monarchy which they must advance, grows from the decay of others. 45 But I forbear Exasperation; and will here end this Chapter; by which, I hope, it appears, that no latter band of Obedience, can slacken this first, which was borne with us. For, though amongst Lawyers, To commit myself or my cause, Par. de put. de Synd. foe a 179. Liberae voluntati hominis, or to be used by him, b. 192. Prout volverit, amount ve●y far, and create a large power in him, yet th●y conclude, That, c 193. In nullo arbitrio, How large so ever, any thing is included which was formerly prohibited. And of these three Obediences which we have handled, though all the three essential properties o● all Oaths and Vows be wanting in them all, yet the blind obedience to your spiritual Superior, doth especially want discretion, and the implicit Obedience, imagined to be vowed to the Church in Baptism, doth lack Truth, and that seditious and servile Obedience vowed by the Jesuits to your Pope's will, doth want justice. CHAP. VII. That if the mere execution of the function of Priests in this Kingdom, and of giving to the Catholics in this Land, spiritual sustentation, did assure their consciences, that to die for that, were martyrdom; yet the refusal of the Oath of Allegiance doth corrupt and vitiate the integrity of the whole Act, and despoil them of their former Interest and Title to martyrdom. WE speak of martyrdom now, in the proper and restrained sense and acceptation, that is, of Consummate martyrdom, and so, as Aquinas takes it, when he says, 22 ●. q. 124. Ar. 4 Mors est de ratione Martyrij. I know the Primitive Church denied it not to them, whom the lat●er Church hath called Confessors; So a Epist. 8. ad Polycarpum. Ignatius writes himself Martyr; and so doth b 1. Cor. 15.31. Saint Paul say, that he dies daily. And sometimes, when the Church enjoyed her ease, and was pampered with security and rest, to excite men to a public confession of their Faith, if there arose any case wherein it was needful, the Ministers of that Church, which was ever apt and forwarde● to suffer martyrdom, when any long persecution had accustomed her to the expectation and patience and glory thereof, then in the times of dull abundance and tranquillity, would afford the Title of Martyrs, to any persons who suffered any persecution for the testimony of Christ, though they died not: Aquin. ibid. As the Church celebrates the martyrdom of Pope Marcellus, who died in Prison. So also sometimes their indulgence allowed that Name, for some abstinencies and forbearing, if they conduced to the depressing of Idolatry. For so Saint chrysostom says, Adverse. judaeos. Ora●. 5. If thou refuse to be cured by Magic, and die of that sickness, thou art a Martyr De Pu●gat. l. 1. c. 7. § Q●into. 2 Devotion is apt to overualew other men's actions; And Bellarmine confesses out of Sulpitius, That the people did long time devoutly celebrate one for a Martyr, who after appeared, and told them that he was damned. Extrau. d● Reliquij. Audivimus. So also were those men inclined, whom Alexander the third reprehends, For giving the honour of a Martyr to one that died drunk. So doth another jesuit prove Hyrcanus to be an Heretic, Ser●rius Trihaeres. l. 2. c. 28. whom Albertus Magnus hath put into his Litany, and so drawn into continual Invocation ever since. And when Gregory the thirteenth made Commissioners to survey the martyrologue, Binius To. 1. f. 490 they found the Histories of Pope Felix the second, so various and repugnant, that they were determined to expunge his name, but that opportunely there was a Marble Coffin found, with such an Inscription as altered them, and relieved the Pope's fame. Bellar. ubi supra And one principal inducement to the Pope, to come to these solemn Canonisations, is, because before the people did often mistake. 3 And this medicine, Ibid. c. 8. §. Dices as it was very late applied (for Bellarmine cannot find, that the Popes canonized any in eight hundred years after Christ:) So neither hath it, nor can it naturally extinguish the disease. The most that it can work, is an Assurance, that they which are publicly canonised are true Saints: for Bellarmine says, That it is the opinion of Heretics, that the Pope can err in such Canonisations: Ibid. c. 9 §. 1. §. T●rtio. and yet, to prove it, he argues but thus: If we believe that there was such a man as Caesar, why should we not believe that which God testifies by miracles? But how shall we believe that these miracles are from God, or that he doth them in testimony of that man's sanctity? For that miracles are done, is not enough to constitute a Saint, Extra. de Reliq. gloss. verb. miraculis. for wicked men may do them, say your Authors: And in this case they can proceed no farther, then to an Historical belief, that Miracles are done. And I had thought that Bellarmine had required a better faith at our h●nds, then Historical, and such as assures us, that Caesar was, to ground Invocation of Saints, and to constitute an Heresy. 4 And though not in Bellarmine, yet in the Pope himself, there appear some scruples of diffidence, and frailty, and fallibility in this act of Canonizing, Ceremon. Sacrae. Cap. de Canoniz. because, after all his several Inquisitions and searches which depend upon matter of Fact, and after his divers iteration of prayers, That he may not err, and That he may not be permitted to err, he makes at last a public protestation, That he intends not by that act, to do any thing against Faith. 5 But if this can be certain, That those, and none but those, which are so Canonised, may be publicly Honoured as Saints, yet that disease, of which we spoke before, is not cured hereby. For it is still lawful privately to worship any, of whose sanctity I have an opinion. Nor is this private worship, De Purgat. c. 10. §. 1. so private in Bellarmine's account, that it may not be exhibited before others; but only so private as it may not be done, In the name of the Church, and as though it were instituted by the Church. So that whole Multitudes, and Congregations may err still: and this, by the authority of the Canon itself. For thus Bellarmine reasons, with more detortion and weakness than becomes the cause or his gravity: Extra. de Relig. C. 1. & ●. In the two Canons, says he, Audivimus, and Cum ex eo, the Pope forbids public worship; and therefore, a Contrario, permits private. If then, that worship which in those two Canons he forbids to be publicly exhibited, may privately be given, and this privateness exclude not whole Congregations, then whole Congregations may lawfully worship as a Saint, a man slain in drunkenness, which is the case of the first Canon, and lawfully worship venal and uncertain Relics, which is in the second Canon; since the forbidding of this in public, hath permitted it in this large and open private, by Bellarmines●ashion ●ashion of arguing; who says also ●or this, That the Doctors do commonly affirm it. 6 And whatsoever is said here of Saints, holds as well in Martyrs, for with the same faith, that I believe a man to be a martyr, I believe him to be a Saint: And so, it seems, doth that Catholic Priest, who hath lately published a History of English Martyrs: For that which in the Title he calls martyrologue, in his Advertisement he calls Sanctiloge. And therefore it becomes both our Religion and Discretion, to consider thoroughly the circumstances of their History, whom we admit to the honour of martyrdom. 7 All Titles to martyrdom seem to me to be grounded upon one of these three pretences, and claims. The first is, to seal with our blood the profession of some moral Truth, which though it be not directly of the body of the Christian faith, nor expressed in the Articles thereof, yet it is some of those works, which a Christian man is bound to do. The second is, to have maintained with loss of life, the Integrity of the Christian faith, and not to suffer any part thereof to perish or corrupt. The third is, to endeavour by the same means to preserve the liberties and immunities of the Church. 8 By the first way they entitle S. john Baptist because he died for reprehending a fault against a moral Truth: and that truth being resisted, the Author of truth is despised: And therefore all truth is not matter convenient for the exercise of this virtue, as the conclusions of Arts and Sciences, though perfectly and demonstratively true, are not; but it must be such a truth, as is conversant about Christian piety, and by which God may be glorified: which cannot be, except he might be injured by the denying thereof. So, the Evangelist when our Saviour spoke of S. Peter's martyrdom says, joh. 21.19. He signified by what death he should glorify God: For all martyrdom works to that end. And this first occasion of martyrdom seldom falls out in Christian Countries, because in Christ, the great Mirror of all these truths, we see them distinctly and evidently. But sometimes with Heathen Princes, before they arrive to this rich and pregnant knowledge, men which labour their conversion, begin, or touch by the way, some of these Moral duties; and if they grow odious, and suffer for that, they are perfect Martyrs, dying for a moral Truth, and in the way to Christ. 9 By the second claim, which is the Integrity of Catholic Religion, the professors of any Christian Church, will make a specious, and apparent Title, if they suffer persecution in any other Christian Church. For the Church of Rome will call the whole total body and bulk of the points of their profession, Integrity of Religion, and the Reformed Churches call, soundness, purity, and incorruptness, integrity. The Roman thinks Integrity hurt by nothing but Maims, and we, by Diseases. And one will prove by his death, that too little is professed, and the other, that too much. But this advantage we have, that by confession of our adversaries, all that we affirm, is True, and Necessary: and upon good ground we assure ourselves, that nothing else is so, and we think that, a propenseness to die, for profession of those points, which are not necessary, will not constitute a martyrdom, in such a person especially as is of necessary use. 10 Amongst other things which our Blessed Saviour warns his followers, this is one, That none of them suffer as a busy body in other men's matters, 1. Pet. 4.15. but if he suffer as a Christian, let him not be ashamed, but glorify God. And in another place, he calls them blessed: If others say all manner of evil of them, falsely, and for his sake. Matth. 5.11. So that the prohibition forbids us, to suffer for those things which do not certainly appertain to us; And the instruction ties the reward to these conditions, That the imputations be false, That they be imputed for Christ's sake, that is, to dishonour him, and that we suffer because we are Christians. 11 Since therefore some of you, at your Executions, and in other conferences, have added this to your comfort, and glory of martyrdom, That because the King's mercy hath been offered you, if you would take the Oath, therefore you died for refusing the same, (Though your Assertion cannot lay that upon the State, who hath two discharges; One, that you were condemned for other Treasons, before that off●r; The other, that the Oath hath no such Capital clause in it) yet since, as I said, you take it upon your Consciences to be so; Let us Examine, whether your refusal of the Oath, be a just cause to Die, upon this point of Integrity of Faith, by that measure which our Saviour gave in his Prohibition, and in his Instruction. 12 Is it then any of your matters, or doth it belong to you, by your Doctrine, and by your Example, in refusing the Oath, to determine against Prince's Titles, or subjects Allegiance? If this be any of your matters, than you are not sent only to do Priestly functions; And if it be not, than you suffer as busy bodies in other men's matters, if you suffer for the Oath. 13 And then, what is imputed to you, which is false (which is another condition required by Christ) if you be called traitors then, when after apparent transgressing of such laws as make you Traitors, you confirm to us a perseverance in that Traitorous disposition, by refusing to swear Temporal Allegiance? Wherein are you less subject to that name, than those Priests which were in Actual plots, since mental Treason denominates a man as well as mental heresy? You neither can nor will condemn any thing in them, but that they did their treason, before any Resolution of the Church: and have you any resolution of the Church, for this, That the King may be deposed, when he is excommunicated? If you have, you are in a better forwardness than they, and you may undertake any thing, as soon as you will, that is, as soon as you can. For you have as good opinions already, and as strong authorities, That a King of another Religion than Roman, is in the state of an excommunicate person, before Sentence, as you have for this, That an Excommunicate King may be deposed; And would you think it a just cause of martyrdom, to aver, that the King is already under excommunication? 14 And (to proceed farther in Christ's Instruction) are these things said of you for Christ's sake? Are you (if you be called Traitors for refusing the Oath) reproved for any part of his Commandments? If it were for exercising your Priestly functions, you might have some colour, since all your Catholic Religion, must be the only Christian Religion. But can that state which labours watchfully and zealously for the promoving of Christ's glory in all other things, be said to oppose Christ, or persecute him in his Members, for imputing traitorous inclinations to them, who abhor to confirm their Allegiance by a just Oath? 15 Lastly, can you say, you suffer as Christians, that is (as Christ there intended) for Christian faith, which is principally the matter of martyrdom? Aquinas cities this, 22 c. q. 124. Art. 2. ad 1m. out of Maximus, The Catholic faith is the mother of martyrdom. And he explicates it thus, That though martyrdom be an act of fortitude, and not of faith, yet as a civil man will be valiant to defend justice, as the Object of his valour, so doth a Martyr, faith. If then to refuse this Oath, be an object for a Martyr's fortitude, it must be because it opposes some point of faith, and faith is that, which hath been believed ever, and every where; And how can that be so matter of faith, which is under disputation, and perplexity with them, and the contrary whereof we make account, that we see by the light of Nature and Scriptures, and all means conducing to a divine and moral certitude? 16 Leo the first, Epist. 24. in an Epistle to the Emperor, by telling what hath been, informs ●ummarilie and sound, what should be a just cause of martyrdom. None of the Martyrs, says he, had any other cause of their suffering, but the confession of the true Divinity, and true humanity in Christ. And this was then the Integrity of faith, in both acceptations; All, and sound. Which is neither impaired in the extent, nor corrupted in the purity, by any thing proposed in the Oath. 17 But as chrysostom expounding that place of jeremy, In Marc. Hom. 13. To. 2. fo. 270 Domus Dei facta est spelunca Hyaenae, applies it to the Priests of the jews, as hardest of all, to be converted, so may we apply it to the Priests of the Romans, who abhor the Oath, and deter their Scholars. For, the Hyena, says chrysostom, hath but one back bone, and cannot turn except it turn all at once. So have these men, one back bone, the Church; (for so says Bellarmine, if we were a greed of that, we should soon be at an end:) and this Church is the Pope; And they cannot turn, but all at once, when he turns; and this is the Integrity of the faith they talk of. And, as that Father, adds of the Hyena, Delectantur cadaveribus; they are delighted with impious provocations to the effusion of blood, by suggesting a false and imaginary martyrdom. 18 The third and last just ground of martyrdom, of those which we mentioned, is Ecclesiastic Immunity, which is of two sorts; one inhaerent, and Native, and connatural to the Church, and the other, Accessary, and such, as for t●e furtherance and advancement of the worship of God, Christian Princes, in performing a religious duty, have afforded and established. Of the first sort are, preaching the word, administering the Sacraments, and applying the Medicinal censures. And if any, to whose charge God hath committed these, by an ordinary calling, lose his life in the execution thereof, with Relation to the cause, we may justly esteem him a martyr. And so in the second kind, if only for a pious and dutiful admonition to the Prince, to continue those Liberties to the Church, without which she cannot well do her offices, he should incur a deadly displeasure, he were also a Martyr. 19 And if the Roman Priests could transfer upon themselves this title to martyrdom, due to defenders of either of these Immunities, yet by refusal of this Oath, which is an implied affirming of some doctrine contrary to it, they forfeit that interest by obtruding, as matter of Christian faith, that which is not so: For Baronius himself (as once before we had occasion to say) distinguishes the defence of the liberties of the Church, from the Catholic faith; and yet he and many others, makes the defence of these immunities the object of martyrdom: so various and uncertain is the doctrine of defending those privileges, whose ground and foundation they cannot agree upon. 20 And as all right to the crown of martyrdom, growing from any of these three titles, perishes by their refusal, for the reasons before expressed: so doth it also upon this ground, that he which refuses to defend his life by a lawful act, and entertains not those overtures of escape, which God presents him, destroys himself, especially if his life might be of use and advantage to others. For when the Prison was opened to Paul and Silas, Acts 16. the learned Expositors excuse his stay there, by no other way, then that it appears, that he had a revelation of God's purpose, that he should convert the Keeper; for otherwise not to have hastened his escape, had been to abuse God's mercy by not using it. 21 Those laws from which these conclusions are deduced, Par. Put. Syndic. fol. 484. that if a man receive a Corporal injury, and remit the offence, yet the state may pursue it against the trespasser, because no man is Lord of himself: and that a covenant from a man, that if you find him in your ground you may beat him, is void upon the same reason, Intimate thus much to this purpose, That no man by law of nature may deliver himself into a danger which he might avoid. 22 How many acts of good and meritorious nature, if they had all due circumstances, have been vitiated by Indiscretion, and changed from nourishment to poison? Collat. 2. ca 5. of which Cassianus hath amassed many useful examples, and made all his second collation of them. Of which I will remember one happening about his own time. Heron which had lived fifty years austerely in a Desert, trusting indiscreetely an illusion of an evil spirit, threw himself down into a Well; and when he was taken out, and in such torment with those bruises, as killed him within three days, yet he believed that he had done well, though the rest believed him to be as Cassianus says, Biothanatum, a self-murderer. 23 How deeply, and how irremediably doth this indiscretion possess many others, whom themselves only, and a few illuders of their weaknesses, esteem to be Martyrs, for provoking the execution of just laws against them? For what greater Indiscretion can there be, or what more treacherous betraying of himself, then to die in despite of such a Prince's mercy, as at once directs him to understand his duty to himself, and to his Prince: and shows him, that his own preservation is a natural duty; and that he may not neglect it in any cause, but where it appears evidently, catholicly, and indisputably (amongst them to whose instruction he ought to submit himself) that God may be glorified in it; And that his obedience to the King was borne in him, and therefore was once, without all question, due, & could not be taken away, without his consent, who is damnified by the loss of a Subject; at least by such a litigious Authority, as is yet in Disputation, What it is, whence it comes, and how it resides in him, and how it is executed. 24 For as a man may be felo de se, by destroying himself by our Law; And fur de se, by departing, and stealing himself away, from him to whom his service is due, by Imperial law: so he may be proditor de se, by the law of Nature, if he descend from the Dignity of humanity, & submit himself to an usurpation, which he ought to resist, which is; All violence and danger which he might avoid. 25 And since, if the King would pardon him, upon doing of any act, which depended upon his own will, he were guilty of his death, if he refused it, he is so also in this case, since he can propose to himself no such restraint as binds his will; For scruples, and things in Opinion and Disputation, do not bind in this c●se; Of which we shall have proper occasion to speak in the next Chapter. 26 Let us then proceed further, to that which gives the form, and measure, and merit, even to martyrdom itself, which is Charity. And this is not meant only of Charity, as it is a Theologall virtue, and unites us in an earnest love to God, which is, Charitas patriae, but also as from that fountain is derived upon all his creatures, which is Charitas viae: For so Saint john says, of this charitable act of which we speak, Greater love than this no man hath, Io. 13. ●15 when he bestoweth his life for his friend: Which also appears out of that History recorded of Nicephorus: a Metaphra●t. in Nicepho. Mar. who being brought to the place where he was to receive the Crown of martyrdom, and seeing Sapri●ius, between whom and him, there had before some bitternesses and enmity broke forth, fall down before him, and beg a Pardon and reconcilement, was so much elated with this glory of Martyrdom, that uncharitably he disdained to admit any reconciliation. In punishment of which uncharitableness, he lost his whole hope and victory: For the spirit of God forsook him, and he Apostated from his Faith: So that Charity is justly esteemed the form of martyrdom. 27 And is there any Charity in this Doctrine, or in this act of Refusal? Is there any to yourself? (For, at least in spiritualibus, Charity begins at home) when at once you divorce that body which your Parents prepared, from that Soul which God infused and married to it: and so lea●e, not only to be men, and to be Subjects, but to be Priests, and benefactors to that cause, which you hinder by this pretence of loving it. How much opportunity of Merit, even in advancing the Catholic cause, which to you is so certain, do you lose, by exposing yourself to certain ruin, upon uncertain foundations? Is there any charity to the Church, or party, or faction, which you have in this Kingdom? towards whom the King brought with him so much tenderness, that he cast in a dead sleep all bloody laws, and in a slumber all pecuniary laws which might offend, & aggrieve them. Is it charitably done towards them, that by your unnecessary act, their peace be interrupted, his majesties sweetness distasted, his softness endured, and those fair impressions which he had admitted, That civil obedience might consist with your Religion, defaced and obliterated? And that to all these should succeed, jealousies in him, imputations upon them, and dutiful solicitations from his Parliament, & Counsel, and Subjects of all ranks, to awaken his laws against these suspicious men? 28 Was it charitably done of that Priest, jeruase. who apprehending a general inclination of taking the Oath, advanced it so far, as to make a Declaration that it was lawful, and never re●ract●ng that opinion, yet would die in the refusal thereof, because it seemed not expedient to him, to take it then; and so to cast snares and tortures upon thei● consciences, who were before in possession of a peaceable, & (by his own testimony) a just ●esolu●ion? 1. Co●. 6.12. & 10.23. 29 When S. Paul uses that phrase, he expounds the word Expedient, by Profitable and by Edifying: And hath the example of his death profited and edified that Church as much, as the perplexities certainly grown in Catholic consciences thereby, and those exasperations, and bitternesses occasioned, by all probability in the state, by that perverse and peevish behaviour, may shake and tempest it? 30 I do not think that they would have denied him to have been a Martyr, if he had been executed upon the Statute against Priests, though he had before taken the oath. If therefore the taking of the oath cannot vitiate and annul martyrdom, the refusing it cannot constitute martyrdom. 31 And if you will make the difference only by reason of the Pope's Breve, which perchance came between his first resolution, and his last, than you reduce your martyrdom to a more slippery and more dangerous ●istresse then before: For as before you quitted all your benefit and interest to martyrdom, for having exercised Priestly functions, and proclaimed and solaced yourself wi●h this, that you died for refusing the oath; so now you wa●ne ●hat, and stick to a worse title, which is, obedience to an ●ncertaine and suspicious Breve; For, for your first ti●le, which is preaching of the Catholic faith, you have the entire and unamine consent and concurrence of the whole Christian Church; which always confesses, that the profession of the Catholic faith, is, a true and just cause of martyrdom; though she do not confess, that that which you teach, is that Catholic Faith, but for that Title you had also the consonance and agreement of all the Roman Church. And for your second claim, which is, the defence of the Pope's temporal jurisdiction, by refusing this oath, you had some voices of great authority in that Church, to encourage you, though far too weak, either to blot out a natural truth, or to make an indifferent, or perplexed point so necessary to you, as to die for it. But for this third title to martyrdom, which arises from obedience to the Breves, which are matters of fact, & subject to a thousand infirmity & nullities, who ever justly grounded a necessity of dying, upon them, or added the comfort of martyrdom to such a precipitation? 32 Thus doth Aquinas argue against a far better Title to martyrdom, than this is: Though virginity be more precious than life, 22 ae. q. 124. ar. 4. ad 2. yet if a virgin should be condemned to be deflowered, Occasione fidei Christianae, because she was a Christian, though all those conditions, which we noted in our saviour's prohibition, and instruction, concurred in her case, That she were no busy body in provoking, That she were persecuted, and that unjustly, And with relation and despite to Ch●ist, and so she suffered a● a Christian, yet, says he, this were no martyrdom. Yet he assigns not the reason to be, because she died not, but because martyrdom is a testimony, by which it is made evident to all, that the Martyrs love Christian faith above all things, and it cannot appear by this act of hers, whether she suffer this for the love of Christian faith, or for contempt of chastity. But in this act of dying for obedience to the Breves, there is by many degrees less manifestation, that they die for Christian Faith, which is not in question; and there appear evident impressions of human respects, which would vitiate a better title to martyrdom, and of such unnatural dereliction of themselves, as I do not see how they could escape being selfe-murderers, but that their other treason's, and condemnations for them, make their executions just. De Not. Eccles. l. 4. c. 2. § Item. 33 And besides that, Bellarmine makes this hard shift, and earnest propenseness to die, no good sign of a good cause, or of a true martyrdom (for thus he makes his gradations, That the Anabaptists are forwardest, and the Caluinists' next, and the Lutherans very slack: So that he makes the vehemency of the professors, in this kind, some testimony of the illness of the Religion) we may also observe, that all circumstances (except the main point, with which we intercharge one another, which is Here●ie) by which they labour to deface and infirm the zeal of our side in this point● and to take from them, all comfort of martyrdom, do appear in them directly or implicitly, in this denying of civil obedience. 34 And because we may boldly trust his malice in gathering them, that he will omit none we will take them as they are objected against us in Fevardentius the Minorite: A man of such dexterity and happiness in conuer●ing to the Roman Faith, that all Turquy and the Indies would not be matter enough for him to work upon one year, if he should proceed with them in the same pace, as he doth with the Minister of Geneva: For meeting him once upon a time by chance, and falling into talk with him, in the person of a Catholic Doctor, he dispatches a Dialogue of some eight hundred great leaves, and reduces the poor Minister, who scarce ever stands him two blows, from one thousand four hundred Heresies: And as though he had but drawn a Curtain, or opened a box, and showed him catholic Religion, he leaves him as ●ound, as the Council of Trent. 35 First therefore in this matter of martyrdom, Theomachia Calumist. l. 8. c. 18. nu. 1. he takes a promise of the Minister, That he will be diligent hereafter, from being amazed at the outward behaviour of men which suffer death. By which direction & good counsel, the confident fashion and manner of any jesuit at his execution, shall make no such impression in us, as to produce argu●ments of his innocency. After this, he says, that our men are not martyrs, Ibid. nu. 3. Because they have departed from the Church, in which they were baptised, and have not kept their promise made in Baptisms, but are therefore apostates and Antichrists. Nu. 1. Another reason he assigns against them, because they have been put to death for conspiracies, rebellions, tumults, and civil Wars against lawful Princes, and that therefore they have been proceeded against in Ordinary form of justice, Nu. 6. as Traitors. And again, he says, They have been justly executed for making, and divulging libels against Princes. And for Acts against a Canon of the Eliberitane Council, Nu. 10. of which I spoke before. And lastly, this despoiles us of the benefit of martyrdom in his account, Because we offer ourselves to dangers, and punishments, seeking for honour out of misery, and blown up with ambition and greediness of vain glory. Thus far Fevardentius charges us. 36 And is it not your case also, to forfeit your martyrdom upon the same circumstances? Are not many of youd parted ●ro● your promise in baptism to our Church? or did those which undertook for you, ever intent this forsaking? and this act of departing is by Fevardentius, made an Essential circumstance, abstract, and independent and incohaerent with that of the Catholic Church, for that is another alone by itself. 37 And have not you been proceeded with, in Ordinary course of justice, as Traitors, for Rebellions, and Conspiracies, and Tumults? And after so many protestations so religiously delivered, so vehemently iterated, so prodigally sealed with blood, and engaging your martyrdom upon that issue, that you never intermeddled with matters of state, nor had any other scope or mark of all your desires and ende●ours, but the replantation of Catholic Religion, hath not the Recorder and mouth of all the English Jesuits, confessed● (upon a mistaking, that the evenness of his majesties disposition might be shaked by this insinuation,) a judgement of a Catholic of the Apologue of the O●th. Pag. 91. That in the Sentence of Excommunication against Queen Elizabeth, the Pope's relating to a statute in England, respected the Actual right of his majesties mother, and of him, and proceeded for the removal of that Queen, whom they held an usurper, in favour of the true inheritors oppressed by her, not only by spiritual, but temporal arms, also, as against a public Malefactor, and intruder. And having thus like an indiscreet Advocate, prevaricated for the Pope, doth he not as much betray all his own complices, when he adds, This doth greatly justify the endeavours and desires of all good Catholic people, both at home, and abroad, against her, their principal meaning being ever known to have been, the deliverance and preferment of the true heir, most wrongfully kept out, and unjustly persecuted for righteousness sake. Did you intend nothing else, but Catholic Religion, and yet was the desire, and endeavour of all good Catholics at home, and abroad, to remove her, and plant another, and that by virtue of a statute in England? Did the Popes in their Bulls, intimate any illegitimation, or usurpation, or touch upon any such statute? Or d●d they go about to advance the right Heir in the Spanish invasion? or was the way of the right Heir catholicly prepared by Dolemans' book? 38 Or was the Author thereof no good Catholic? For these Conspiracies, and for the same Authors monthly Libels, which cast foul aspersions upon the whole cause in defence whereof they are undertaken, and published, are your pretences to martyrdom unjust and invalid, if your Fevardentius gives us good rules. So are they also because you seek it against the Eliberitane Council; That is, By ways not found in Scriptures, nor practised by the Apostles: And last of all, b●cause you see●e it with such intemperate hunger, and vainglory, Cultum ex Miseria quaerentes (as your Friar accuses our Churches) and hunting and pursuing your own death; First, over the tops of mountains, the Pope's Spiritual power, then through thick and entangling woods, without ways in or out, that is his Temporal power, and then through dark caves and dens of his Chamber Epistles, his Breves, ready, rather than not die, to de●end his personal defects, and human infirmities. And all these circumstances● are virtually and radically enwrapped in this one refusal of the Oath, which therefore alone doth defeat all your pretence● to martyrdom. 39 And though it may perchance truly be said by you, that all those persons which the Reformed Churches have Enregistered in their Martyrologies, are not certainly and truly Martyrs, by those Rules to which we bind the signification of the word in this Chapter, and in which you account, all which die by way of justice, for advancing the Roman Doctrine or Dignity, by what seditious way so ever, to be true Martyrs, yet none of them hath ever transgressed so fa●re, as your Example would warrant them. For, not to speak of Baronius his martyrologue, where very many are enroled, which lived their Natural time, and without any external persecution for their faith, and where very many of the old Testament are recorded, besides those which a●e canonised in the Epistle to the Hebrews, Ca 11. and many which are mentioned in that Epistle are left out by him, not only Enoch, Noah, and s●ch other as suffered not death in their bodies, as Martyrs, but even Abel whom he might have been bold to call a Martyr● to omit him, I say, why doth our Countryman amongst you, which hath lately compiled an English martyrologue, present a Calendars in which of almost 500 whom he names, scarce 6● are Martyrs; and of the rest, some were not of our Nation, as Constantine the Emperor, whose festival he appoints ●1 of May; And some never saw this Country, as Pope Gregory, whom he celebrates 25 December. And of those which did suffer death the credit and estimation of as many as died, within 200 years of Gregory the I. is much impaired by one to whom I think, 3. Conversions. Par. 3. Chap. 1. N●. 19 he will subscribe, who says, That in that 200 years, our Nation had no Martyrs, that commonly are known. And those whom he reckons, must of necessity be known to them, whom that knowledge concerns, as it did Parsons, when he writ that book, since the knowledge thereof was so obvious & easy, that this Author professes, that all their Histories are in Authors approved or permitted by the S●a Apostolic, & that he cities no Apocryphal legend, nor fabulous History, that may be suspected of the least Note of falsity, or error whatsoever. But he which shall survey his Catalogue of Authors, will find it safer not to believe him, then to be bound by him, to believe all them to be free from the least note of falsity of error. For we shall be somewhat hard to believe this extreme innocence, and integrity in Surius, and in Saunders, or in Cornelius Tacitus. And many of his own profession will hardly believe that Gregory, and Bede were free from all falsity or error, And himself, I believe, would not stand to this, if we should press him with some places, out of Parsiensis, and Westmonasteriensis, and Walsingham, and Polidore Virgil: all which have been tried in the furnace o● this Divine Critic, & are pronounced by him free from the least note of falsity, or error whatsoever. But if these Authors were known to Parsons, and that he pronounced truly, that that 200 years was without Martyrs, then, not only the Abbess of Elies' herdsman, S. Alno●h, sla●ne abou● 670 in hatred of Christian Religion, and celebrated 27 Febru. but the first Christian King of the Northumber's, S. Edwin, slain also in hatred of our Religion Anno 634. and observed 4. Octob. with divers other after that time, must be expunged out of this new martyrologue. So also must that Author confess himself to have been too forward, in canonizing S. Hugh for a Martyr, july. 27. whom at 10 years of age, the jews crucified at Lincoln, Anno 1255. since Parsons had told him before, that after Becket, which was An. 1171. our Church had no more Martyrs in 400 years. Ibid. Nu. 21. 39 But for all this, it is not your error, and vicious example which shall excuse us, if at any time we have inserted such, as Martyrs, which were not precisely so. For if we have committed any such slip in story and matter of fact, there is not that danger in our transgression, which is in you, because you, by giving them that title, assure the wo●ld of a certain and infallible present salvation, by virtue of that suffering, and that they have title thereby to our Adoration, and are in present possession of the office of Advocation for us. Out of which confidence, I have seen at some Executions of Traitorous Priests, some bystanders, le●uing all old Saints, pray to him whose body lay there dead; as if he had more respect, and better access in heaven, because he was a stranger, than those which were familiar, had. CHAP. VIII. That there hath been as yet no fundamental and safe ground given, upon which, those which have the faculties to hear Confessions, should inform their own Consciences, or instruct their penitents; That they are bound to adventure the heavy and Capital penalties of this Law, for refusal of this Oath. And that if any Man have received a scruple against this Oath, which he cannot depose and cast off, the Rules of their own Casuists, as this case stands, incline, and warrant them, to the taking thereof. SInce by refusal of this Oath, which his Maiest●e hath rather made an Indulgence than a Vexation, by withdrawing some clauses of bitterness, and of strict inquisition into the whole Catholic party, which the ●resh contemplation of the Powder-Treason, had justly urged the Lower-house of Parliament to insert therein: And studying to find a way by which he might discharge both duties to God and his Kingdom, would in his Princely and Pastorally care, provide a trial, by which those which were corrupted with the poison which broke out in those Treasons, might be distinguished from Catholics of better temper and more dutiful affections towards him, and our Peace, from which sort of Catholics, after so many provocations, by persons of the same persuasion in Religion, he seemed loath to withdraw those favours and graces, which he had ever since his coming expressed towards them. Since, I say, by refusal thereof, both the Catholics lay a heavy scandal, and dangerous aspersions upon the cause, and declare themselves more slavish to the Pope, and consequently apt to defection from the Prince, than the Subjects of foreign States now are, or the Subjects of this Kingdom were heretofore, And also his Majesty, and all those which affect his safety, which not only involves but procures and causes theirs, may justly incline at last to think, that the very ground, and principles of that Religion nourish these rebellious humours, and so find it necessary for preservation of the whole body, to apply Medicines more corrosive and sharp to that member which appears so corrupt and dangerous, And every Catholic in particular, to whom this Oath is offered, by refusal forfeits his liberty, & by per●inacie therein, incurs other mulcts and penalties, It is therefore the duty of every Catholic, out of his religious zeal to the cause, drawn into suspicion thereby, and out of his Natural obligation for preserving his life, fame, and fortune, all which are endangered by this refusal, not to adventure the loss of th●se, but upon Evidence of much clearness, and grounds of strong assuredness, and constancy. 2 And as it is certain, that at the first promulging of this oath, they had no such ground, nor Evidence (for then, that light must have been upon them all, and so many good and earnest maintainers of that Religion, would not have inclined to the Oath, if they had had such Evidence against it) so also after some scruples were injected, and the tenderness of some consciences vitiated and distracted with some doubts, and that it had been submitted to Disputation, and consulting amongst themselves, and so passed all those furnaces of Examination, it was held lawful, and accordingly many took it. So that neither by the Evident and undeniable authority of Nature, or Scripture, nor by Deductions and conclusions necessarily derived and issuing from thence, any Conscience had sufficient assurance, to incur these dangers. 3 If since, by some arguments of probability, and of Conveniency, or by some propositions propagated & deduced from those first principles o● Nature, and Scripture, by so many descents and Generations, that it is hard to try whether they do truly come from that root, or no, any Conscience have slackened itself, and so be strayed, and dissolved, and scattered, by this remissness, and vacillation, it ought rather to recollect itself, and return to those first engrafted principles, then in this dissolute and loose distraction, to suffer an anxious perplexity, or desperately to arrest itself upon that part, which their own Rules given to reduce men in such deviations, and settle them in su●h waverings, cannot assure him to be well chosen, nor deliver and extricate him, in those labyrinths. 4 For, let the first root and parent of all propositions in this matter of Obedience, be, that which we know by nature, That we must obey such a power, as can preserve us in Peace and Religion, and that which we find in Scriptures, Let every Soul be subject unto your higher powers; Ro. 13.1. And let us draw down a Pedigree, and Genealogy of reasons and conclusions derived from this. The eldest, and that to which most reverence will belong, will be the Interpretation of the Fathers upon this place, Carninus de potest. l●g. H●m. Par. 1. C. 6. which is (as your own men confess,) That the Apostle speaks rather of Regal and Secular power, then of that which you call Ecclesiastic. 5 Let us then pursue the line, of which the first end is; Kings must be obeyed. It follows, Therefore they must be able to command justly; therefore they must have some to enable and instruct them; therefore they must do according to their instruction; therefore if they do not, they are subject to their corrections; therefore if they be incorrigible, they are no longer Kings; and therefore no subject can swear perpetual Obedience, to his person, who by his own fault, and his superiors Declaration, may grow to be no King. 6 Now, as no man can believe the last of these propositions, as roundly and constantly, as the first, because though it seem to be the child of the first, yet in itself, or in some of the mean parents by the way, there may be fallacies which may corrupt and abastard it; so is there no other certain rule to try it, but to return to the first principles, and see if it consist with them. For if it destroy the first, it degenerates and rebels, and we may not adhere to it. And if the first may still consist without it, though this may seem orderly and naturally deduced from thence, yet it imposes not so much necessity upon us, as the first doth; for that binds us peremptorily; this, as it is circumstanced and conditioned. 7 And though these circumstances give it all the life it hath, so that to make it obligatory, or not so, depends upon them, yet it is impossible to discern those circumstances, or unentangle our consciences by any of those Rules, which their Casuists use to give, who to stengthen the possession of the Roman Church, have bestowed more pains, to reach how strongly a conscience is bound to do according to a Scruple, or a Doubt, or an Opinion, or an Error, which it hath conceived, then how it might depose that Scruple, or clear that Doubt, or better that Opinion, or rectify that Error. 8 For, That we may at once lay open the infirmity, and insufficiency of their Rules, and apply the same to our present purpose; What use and profit, can those Catholics, which doubt whether they may take that Oath, make of that Rule, that they must follow in doubtful points, that opinion which is most common and general? For, though this be understood of the opinion of such men as are intelligent and understanding, and conversant in the matter in question, yet oftentimes, amongst them, both sides say, This is the common opinion; and who can judge it? Yea many circumstances change the common opinion: Instit. Mora. To. ●. lib. 2. c. 12. § si quando. For (says Azorius) it falls out often, that that which was not the common opinion a few years since now is; And that that which is the common opinion of Divines in one Country, is not so in another; As in Spain and Italy, it is the common opinion, That Latreia is due to the Cross, which in France and Germany is not so. And Navarrus s●ies, That at Rome, De judicijs Ca Novit. no man may say, that the Council is above the Pope, nor at Paris, that the Pope is above the Council. Which division also there is amongst them, in a main point which shakes their Doctrine, Ibid. of the Pope's being immediately from God, since they cannot agree, Whether at the Pope's death, his power remain upon the earth, or fly up to heaven. He is a Catholic, Carni●us de pot●st. l●g. 〈◊〉. par. 1. c. 6. and a temperate discreet Author, which notes, That the writings of Catholic men, have something in them which must be allowed to the times when they writ, which being more diligently examined by them which follow, are found exorbitant from the soundness of faith: which he speaks of those that deny, that the laws of civil Magistrates do bind the conscience. Idem. par. 2. c. 2. And after, speaking against them which think, That if we undergo the penalty of ●he law, we do not sin in the breach thereof (he says) it was the opinion of some Schoolmen, who thought it a glorious matter, and fit to raise them a name, to leave the common and beaten ways; having perchance a delight saucily to provoke, tognaw, to calumniate, & to draw into hatred those powers and authorities which made those laws. 8 And if of late days, The opinion of refusing the Oath, become the more common opinion, it is upon some of these circumst●nees, that at these times, when Catholics are called to profess civil obedience, in this place, where Jesuits are in possession of most hearts, to get reputation, or to avile secular Magistracy, they have suddenly made it the more common: for they can raise the Exchange in an hour, and advance and cry down an opinion at their pleasure. But to determine of mortal sin (as the taking of this Oath must be, if it be matter enough to adventure these dangers for it) the same Author says well, Par. 1. c. 6. doth not so much appertain, Ad pulpita Canonistarum, as it doth ad Cathedras Theologorum: and therefore it ought to be tried by the principles of Divinity, not by the circumstantial rags of Casuists. But, to go forward with them, if this Common Opinion were certain, and if it were possible to discern it, yet it doth not so bind us, but that we may depart from it, when another opinion is safer: And from that opinion which is safer, we may also in many cases depart. For which those examples, which Carbo a good Summist alleages, may give us satisfaction, which are, Summa Summarum. To. 1. par. 1. c. 14. §. Tertium. If I doubt of my title to land, I am not bound to restore it (though that were the safest way) because in doubtful matters, Melior est Conditio possidentis. And, but for this help, I wonder with what conscience, the Catholics keep the possession of such lands as belong to the Church; for they cannot be without some scruples of an unjust title, and it were safest to restore them. Another example in Carbo is, If my superior command a difficult thing, and I doubt whether he command lawfully or no, though it were safer to obey, yet I am not bound to do so. And he gives a Rule, which will include a thousand examples, That that Rule, That the safest part is to be embraced, is then only true, when by following this safer part, there ensues no notorious detriment. And Soto extends this Doctrine farther, for he says, De ratio. ●eg. Secret. memb. 3. q. 2. § Sed contra Though yo● believe the precept of your Superior to be just (which creates Conscientiam Opinantem) yet you may do against it: Because (says he) it is then only sin to do against your conscience, when to do according to your conscience, is safe, and that no danger to the state, or to a third person, appears therein. So that Tutius in a spiritual sense, that is, in a doubtful matter rather to believe a thing to be sin, than not, must yield to T●tius in a temporal sense, that is, when it may be done without notorious detriment; For when it comes to that, we shall find it to be the common opinion of Casuists, which the same Summist delivers, That there is no matter so weighty, wherein it is not lawful for me, to follow an opinion that is probable, though I leave the opinion which is more probable; yea though it concern the right of another person: as in our case of obedience to the King or the Pope. And then, wheresoever I may lawfully follow an opinion to mine advantage, if I will leave that opinion with danger of my life or notorious loss, I am guilty of all the damage I suffer. For these circumstances make that Necessary to me then, which was indifferent before: the reasons upon which Carbo builds this Doctrine of following a probable opinion, and leaving a more probable, which are, That no man is bound, Ad m●lius & perfectius, by necessity, but as by Counsel: And that this Doctrine hath this commodity, opinions show evidently, that these Rules give no infallible direction to the conscience, and yet in this matter of Obedience, considering the first native certa●ntie of subjection to the King, and then the damages by the refusal to swear it, they incline much more to strengthen that civil obedience, then that other obedience which is plainly enough claimed, by this forbidding of the Oath. So that in these perplexities, the Casuists are indeed, Heb. 12.1. Nubes Testium: but not in that sense as the holy Ghost used the Metaphor. For they are such clouds of witness, as their testimony obscures the whole matter. And they use to deliver no more, then may beget farther doubts, that so every man may from the Oracle of his Con●fessors resolution, receive such direction, as shall be fit at that time, when he gives the aunswe●e● Which Navarrus expresses fully, Ca● Confraterni●as. 12. q. 2. when he confesses, That having been consulted fifty years before, whether they who defrauded Princes in their customs, were bound to restitution, he once gave an answer in writing: but having recovered that writing back a-againe, he studied twenty years for his own satisfaction, and found no ground whereupon he might rest: And all that while he counseled Confessors, to absolve th●ir penitents, upon this condition: That they should retain a purpose to do so, as they should understand hereafter to be just. These spiritual Physicians are therefore like those Physicians, which use to erect a figure, by that Minute in which the patient's Messenger comes to them, and thereby give their judgement. For the Confessors in England, in such resolutions as these, consider first the Aspects, and Relations, and diverse predominancies of Superiors at that time; and so make their determinations seasonable● and appropriate. Euchirid. judi. Tit. 35. n. 41. But to insist more closely upon this point in hand, your Simancha speaking out of the law, says; That that witness which deposes any thing upon his knowledge, must also declare and make it appear, how he comes to that knowledge. And if it be of a thing belonging to the understanding, he must make it appear by what means, and instrument his understanding was instructed. And that which he assigns for the reason, must be of that nature, that it must certainly, and necessarily conclude and prove it. If then you will subscribe with your blood, or testify by incur●ing equivalent dangers, this Doctrine upon your Knowledge, you must be able to tell the Christian world, how you arrived to this Knowledge. If you will say, Bull. Pij. 4. the ●erm. jur. you have it Ex jure Divino, and mean by that, out of the Scriptures, you must remember that you are bound by Oath never to accept nor interpret Scriptures, but according to the unanime consent of the Fathers. And can you produce such a consent, for the establishing this Doctrine, in interpreting those places of Scripture, which are offered for this matter? Responsio ad Docto. Venet. proposit. 5a. § ad rationes. If you extend this Ius Divinum, as Bellarmine doth, not only to Scriptures, but to Natural light and reason, and the Law of Nature, (in which he is no longer a Divine, as he uses to profess himself, but a Canonist, who gave this large interpretation of Ius Divinum, whereas Divines carry it no further, To. 2. l. 4. c. 18. § Deinde. then to that which God hath commanded or forbidden, as Azorius tells us) this cannot be so strong and constant, and inflexible a Rule, but that the divers objects of sense, and images of the fancy, and ways of discourse, will alter and vary it. For though the fi●st notions which we have by the light of nature are certain, yet late conclusions deduced from thence are not so. If you pretend common consent for your ground, and Criterium, by which you know this truth, and so give it the name of Catholic Doctrine, and say that Faith is to be bound to that, and martyrdom to be endured for Faith, you must also remember, that that which is so called Catholic, is not only a common consent of all persons at one time, but of the Catholic Church ever. For, Quod ubique, quod semper, is the measure of Catholic Doctrine. And can you produce Authors of any elder times, then within six hundred years, to have concurred in this? And in these later times, is not that Squadron in which Navarrus is, of persons and voices enough, to infringe all reasons which are grounded upon this universal consent? He proclaims confidently, That the Pope, Novit. de Indic. Nu. 41. take him despoiled and naked, from all that which Princes have bestowed upon him, hath no temporal power, Neque supremam, neque mediam, neque infimam. Marsilius' contr. respon Bellarm. Ad Gener. Inquisitor. venet. Do no● some Catholics confess, that they are ready to swear to the integrity of the Roman faith, according to the Oath of the Council of Trent, and yet pro●est against this temporal jurisdiction? And doth not another Catholic say, That when a lay man swears Obedience to the Pope, Barclaius de potest. pont. ca 2. in princip. according to that Oath of Pius the fourth, it must be restrained, in his understanding, only to his spirival power? Herein therefore is no universal consent. And are not they which seem to maintain this temporal power, so divided amongst themselves, that in a mutiny, and civil dissension, they rather wound one another, than any third enemy, when they labour more, to o●erthrow the way, by which this temporal jurisdiction is claimed, then to establish the certainty of the matter itself? And though such things as appear to us, evidently, and presently out of the Scriptures, bind our assent, and belief, though we may dispute about the way and manner, (as no man denies the conception of our blessed Lady, though it be disputed, whether she were conceived with original sin, or without it) And though those things which appear to us out of the first intrinsic light of Nature and reason, claim the same authority in us (as no man doubts whether he have a soul or no, though many dispute whether ●e have it by infusion from God, or by propagation from our parents) yet in things further removed, and which are directed by more wheels, and suggestions, and deducements, we cannot know certainly enough (for so great a use, as to testify them in this fashion, as we speak of) that they are, except we know first how, and in what manner they are. As if a man be convented before a judge, ●especially when he is bound in conscience not to answer, except he be his competent judge, as you teach when Ecclesiastic persons are called to Secular tribunals) he cannot be sure that man is his competent judge except he know first, whether he have that authority, as Ordinary, or by special Commission. Though therefore in this point in question, for a pious credulity, and general intention to advance the dignity of the Church of Rome, a Catholic may have an indigested and raw opinion, that this power is in the Pope, yet when he examines himself, and calls himself to account, he must first know how it is, before he can resolve, that it is. And though he may err in the manner, by which he beleeeves it to be in him, yet certainly he must arrest himself upon some one of those ways, by which the Pope is said to have that jurisdiction, or else he doth not answer his conscience, that asks him how he knows it? and if his conscience do not ask him, he is in too drowsy and stupid a fit to be a Martyr. Since therefore all his authority must be Direct or Indirect: Ordinary or Extraordinary: as he is Pope or not as he is Pope, whosoever will seal with his blood the averment of this jurisdiction, avers one of these ways, how it comes to him: Which being so, he cannot justly be called a Martyr; since he only is a Martyr, whom all the Church esteems to be so. And he which should die, for maintenance of Direct power, should never be admitted into such a martyrologue, as the favourers of Indirect power should compile; nor these, into the other. And if two should come to execution together, upon occasion of denying this Oath, of which one refused it, because he thought the Pope Direct Lord, the other Indirect, if they forbore hard words to one another at that time, doubtless in their consciences they would impute to one another, the same errors, and the same falsehoods, of which they inter-accuse one another in their books, and neither would believe the other to be a true Martyr. And might not a dispassioned and equal spectator apply to them both severally, that Rule of the law, That to that, which is forbidden to be had by one way, one may not be admitted by another? Especially since a Lawyer which hath written on that side, Vgoti●i de Validit. censura. Ca 3. takes the advantage of this Rule, against Princes, when he says, That they have no jurisdiction upon Clergy men's goods, because this were indirectly, to have jurisdiction upon their persons, which being, says he, forbidden to be had one way, may not be permitted another. It was said to Pompey, when he wore such a scarf about his leg, as Princes wore about their head, That it was all one in which place he wore the Diadem, and that his Ambition appeared equally in either. And so ought this indirect power, though it pretend more tameness, and modesty, aue●t men, as much as the other: for Bellarmine can find as good an Argument for Peter's Supremacy, De pont. l. 1. C. 2. §. Decima et cap. 22. §. Decimasepti. out of Christ's washing his feet, as his appointing him to kill and eat, which is, says he, the office of the Head. So that from head to foot, all arguments serve his turn. But to turn a little back to this point of knowledge, since the conscience is by Aquinas his definition, Ordo scientiae ad aliquid, 1. q. 79. Ar. 13. Concl●s. and an Act by which we apply our knowledge to some particular thing, the Conscience ever presumes Knowledge: and we may no●, (especially in so great dangers as these) do any thing upon Conscience, if we do it not upon knowledge. For it is not the Conscience itself that binds us, Carbo. summa sum● r. ●o 1. 〈◊〉 ●2. S●c●●t●um. but that law which the Conscience takes knowledge of, and presents to our understanding. And as no ●gnorance excuses us i● it be of a thing which we ought to know, and may attain to: ●o no misconceived knowledge binds our conscience in these dangers, if it be of a matter not pertinent to us, or to which we have no such certain way of attaining, that we can justly presume our Knowledge to be certain. For though in the questions raised by Schoolmen of the Essence and Counsels of God, and of the Creation, and fall, and ministery of Angels, and such other removed matters, to the knowledge whereof, God hath afforded us no way of attaining, a man may have some such knowledge, or opinion, as may sway him in an indifferent action, by reasons of conveniency, and with an apparent Analogy, with other points of more evident certainty: yet no man may suffer any thing for these points, as for his Conscience, because, though he have lighted upon the truth, yet it was not by any certain way, which God appointed for a constant and Ordinary means to find out that truth. And if this refusal of the Oath, and implication of a power to depose the King, be a matter pertinent to us, that we are bound to know it, Carbo. summa summar. To. 2. par. 1. c. 2. §. T●rt●●m. (As all men in general are bound to know the principles and elements of the Christian faith, and the general precepts of the law, And every particular man is bound to know, those things which pertain to his state and office) Then every Subject which doth not know this, is in an inexcusable and damnable ignorance; which was the case of as many, as did at first, or do yet, allow the taking of the oaths Or if it be not so immediate to us, as those principles of faith, or as the duties of every particular man (for though we know naturally that Princes must be obeyed, yet, you will say, some cases may occur, in which we may not obey) then there must be some certain way for us to attain to the knowledge thereof by discourse & industry, if we may adventure these dangers for it, and we may not adventure them, till we have by that industry sought it out. For, if we shall say, that some things are to be held by a man, Ibid. C. 3: §. Tertium. De fide, of which he shall still be under an invincible ignorance, though he bestow and employ all possible diligence, (as it is said of Cyprian, that be did err in matter of faith, after he had used all possible industry) then contrary opinions in matter of faith may be just ca●ses of martyrdom, and yet one of these opinions must of necessity be Heretical. For if Cyprian were under an invincible ignorance, he was bound to do according to his erroneous conscience, since he had no way to rectify it. So that he must have died for his Conscience in that case, that is, for such an opinion, as all his Adversaries were bound to die for the contrary. But since this seems incongruous and absurd, the other opinion will stand safe and uncontrolled, that our Conscience, whose office is to apply our knowledge to something, and to present to us some law that binds us in that case, cannot bind us to these heavy incommodities, for any matter, but that, which we therefore believe that we know, because there are certainly some means naturally and ordinarily provided for the knowledge thereof; and that we have used those means. Now, in a man, in whom there are all these just preiudices and prescriptions, That Nature teaches him to obey him that can preserve him, That the Scriptures provoke him to this obedience, That the Fathers interpret these Scriptures of Regal power, That subsequent acts, and Experience teaches, Regal power to be sufficient for that end; what can arise, strong enough to defeat all these, or plant a knowledge contrary to this, by any evidence so near the first Principles, as this is grounded upon? If it were possible that any thing could be produced at last, by which all these reason's should be destroyed, yet, till that were done (which is not yet done) both the priority and birthright of the ●easons and rules of nature, which are on that side (for Rules are elder than the exception) and the dangers which would overtake, and entraps and depress such as refused the Oath, must prevail against any thing yet appearing on this part: for thus far the Casuists agree, as in the better opinion, That although th●t which they call Metum justum, which is, such a fear as may fall upon a constant man, and yet not remove his habit of Constancy, doth not excuse a man from doing any Evil, yet that is meant of such an Evil, as is Evil naturally, and accompanied with all his circumstances: for, though no such fear can excuse me in an absolute denial to restore any thing, w●ich w●s committed to my trust, yet I maybe excused f●om delivering a sword committed to me, if I have s●ch a just fear, that the owner will therewith offend me or another. And th●y account not only the fear of death, to be this just fear, which may excuse in transgressions, in any thing which is not naturally evil, but the fear of Torture, Imprisonment, Exile, Bondage, Loss of temporal goods, or the greater part thereof, or infamy, and dishonour. And not only when these are imminent upon ourselves, but upon our wives and children: And not only when a law hath directly pronounced them, but when the State threatens them, that is, is exasperated and likely to proceed to t●ese inflictions. And though Canonists are more severe and rigid in the observation of thei● law, yet the common opinion of Divines is, That this just fear excuses a man from the breaking of any human law, whether Civil or Ecclesiastic: an● that none of those laws bind us to the observation thereof, in danger of death, or these distresses, except in this case, that these punishments are threatened to us, because we will not break the law in contempt and despite of that authority, which made the law: for than no fear can excuse us, because the obedience to Superior authority in general; is moral and natural; and therefore the power itself may not be contemned; though in case of this just fear, I may lawfully think, that that power which made the law, meant not to bind me in particular, in these heavy inconveniences. To apply this to our present purpose, since this Oath is not Naturally Evil, so as no circumstance can make it good (for then, it would have appeared so at first, and the Pope himself could by no judult or Dispensation tolerate it, which, I think, they will not say) nor offered in contempt of the Church of Rome, or in such sort as it should be a sign of returning to our Religion, or abandoning the Roman profession, but only for the Prince's security, certainly though the refusal thereof were commanded by any law of human constitution, and so it became Evil because it was Forbidden, yet in these afflictions certainly to be endured by the letter of an express law, by every Refuser, and in this bitterness and exasperation of the whole State, against that whole Party, and the cause of Catholics, the taking of the Oath were so excusable, as the refusing thereof could not be excused. For in such a just Fear, even Divine Positive Law loses her hold and obligation, of which sort ●n●egrity of Confession is by all held to be; Tractat. 7. Theol. de Interred. Pauli 5. prop●s. 5a. and yet such sins may be omitted in confession, as would either Scandalise the Confessor, Endanger the penitent, or Defame a third person. In which the Casuists are so generally concurrent, that we need no particular authorities. And in the matter of the greatest importance, which can be in that Church, which is the Election of the Pope, and an assurance, that he whom they acknowledge for Pope, is true Pope, which Comitolius (a jesuit as much more peremptory than the rest of the Jesuits, as they are above all other Friars) says, a Comitol. respo●s. Mo●●l. l. 1. q. 99 To be an Article of Faith, and that we are bound to believe the present Pope to be Christ's Vicar, with a Divine and with a Catholic Faith, and that all Decrees of Popes, which annul all Elections, if they appear after, to have been made by Simony, intent no more, but to declare that GOD will never suffer that to be done, or discover it presently (in which opinion, that matter of fact, should so bind our Faith, he is (for any thing which I remember to have read) singular, and I had occasion before to name b Simancha Ench●rd. judic. Tit. 5. nu. 3. one grea● Doctor of his own Religion, directly contrary to him in the very point.) In these Elections, I say, which induce (by his Doctrine) a Diuine●aith ●aith, and necessarily, such a probable, and moral certitude, that it were sin in them, who are under the obedience of that Church, not to obey the just Decrees of the present Pope, or quarrel at his Election● The Council of Constance, (as c Azor. ●ns●it. Moral. ●ar. 2. l. 4. c. 2. §. Sexto. another jesuit urges it) hath decreed that this just fear of which we speak, Doth make void any such Election of the Pope. And that, If after the Cardinals are delivered of that fear, which possessed them at the Election, they then ratify and confirm that Pope, yet he is no Pope, but the Election void: So far doth this just fear (which cannot be denied to be in your case) extend, and upon so solemn, and solid Acts, and Decrees is it able to work, and provide us a just excuse for transgressing thereof. And in a matter little different from our case, Azorius gives the resolution; That if an heretical Prince commands his Catholic Subjects to go to Church, upon pain of death or loss of goods, if he do this only because he will have his Laws obeyed, and not to make it Symbolum Hereticae pravitatis, nor have a purpose to discern thereby Catholics from Heretics, they may obey it. And the case in question falls directly and fully within the rule: For this Oath is not offered as a Symbol or ●oken of our Religion, nor to distinguish Papists from Protestants, but only for a Declaration and Preservation of such as are well affected in Civil Obedience, from others which either have a rebellious and treacherous disposition already, or may decline and sink into i●, if they be not upheld and arrested with such a help, as an Oath to the contrary. And therefore by all the former Rules of just fear & this last of Azorius, though there were an evident prohibitory act, against the taking of the Oath, yet it might, yea it ought to be takend For, agreeable to this, Tolet cited Caietans' opinion, with allowance and commendations, De●ence of Engl●sh Cathol. ca 4. That the Declaration of the Church, that subjects may not adhere to their King, if he be excommunicated, extends not to them, if thereby they be brought into fear of their lives, ●ar. de Pute●● so 327. & so. 773. or loss of their goods. For in Capital matters, says your great Syndicator, it is lawful to redeem the life, per fas & nefas. which must not have a wicked interpretation; and therefore must be meant, whether with, or against any human laws; which he speaks out of the strength and resultance of many laws and Canons there alleged. And therefore it can never come to be matter of Faith, that subjects may depart from their Prince, if this just fear may excuse us from obeying, as these Authors teach; for that never delivers us in matters of so strong obligation as matter of Faith, from which no fear can excuse our departing. To conclude therefore this Chapter, since later propositions, either Adulterine, or Suspicious, cannot have equal authority, and credit, with the first, and radical truth, much less blot out those certain and evident Anticipations imprinted by nature, and illustrated by Scriptures, for civil obedience, since the Rules of the Casuists●or ●or electing opinions in cases of Doubt, and perplexity are uncertain and flexible, to both sides, since that Conscience, which we must defend with our lives, must be grounded upon such things, as we may, and do not only know, but know how we know them, since these just fears of drawing scandal upon the whole cause, and afflictions upon every particular Refuser, might excuse the transgression of a direct law, which had all her formalities, much more any opinions of Doctors or Canonists, I hope we may now pronounce, That it is the safest, in both acceptations, both of spiritual safety, and Temporal, and in both Tribunals, as well of conscience, as of civil justice, to take the Oath. CHAP. IX. That the authority which is imagined to be in the Pope, as he is spiritual Prince, of the Monarchy of the Church, cannot lay this Obligation upon their Consciences: first because the Doctrine itself is not certain, nor presented as matter of faith: Secondly because the way by which it is conveyed to them, is suspicious and dangerous, being but by Cardinal Bellarmine, who is various in himself, and reproved by other Catholics of equal dignity, and estimation. We may be bold to say, that there is much iniquity, and many degrees of Tyranny, in establishing so absolute and transcendent a spiritual Monarchy, by them, who abhor Monarchy so much, that though one of their greatest Doctors, to the danger of all Kings, say, a Fran. a Victor. Relect. de potest. Civili. Nu. 14. That the Pope might, if he thought it expedient, constrain all Christians to create one temporal Monarch over all the world: yet they allow no other Christian Monarchy upon Earth, so pure and absolute, but that it must confess some subjection and dependency. The contrary to which b Respons. ad Doct. Venet. propos. 1. §. Prima haec. Bellarmine says, is Heretical; And yet there is no Definition of the Church, which should make it so. And hereby they make Baptism in respect of sovereignty, to be no better than the body in respect of the soul. For, as the body by inhaerent corruption vitiates the pure and innocent soul, so they accuse Baptism to cast an Original servitude and frailty upon sovereignty: which, having been strong and able to do all Kingly offices before, contracts by this Baptism a debility and imperfection, and makes Kings, which before had their lieutenancy and Vicariate from God, but Magistrates and Vicars to his Vicar, and so makes their Patents the worse by renewing & confirming. 2 Nor do they only deny Monarchy to Kings of the Earth, but they change the state and form of government in heaven itself; and join in Commission with God, some such persons, as they are so far from being sure that they are there, that they are not sure, that ever they were here. For their excuse, that none of those invocations which are used in that Church, are so directly intended upon the Saints, but that they may have a lawful interpretation, is not sufficient. For words appointed for such uses, must not only be so conditioned, that they may have a good sense, but so, that they may have no ill. So that to say, That God hath reserved to himself the Court of justice, but given to his Mother, the Court of Mercy, And that a a Swertius in Epitaph. Patavi. Nulla erat in Medico spes, neque multa Deo. desperate sick person was cured by our Lady, when he had no hope in Physicians, nor much in God, howsoever subtle men may distill out of them a wholesome sense, yet vulgarly and ordinarily they beget a belief, or at least a blind practice derogatory to the Majesty, and Monarchy of God. 3 But for this spiritual Monarchy which they have fancied, I think, that as some men have imagined, and produced into writing, divers Ideas, and so sought what a King, a General, an Orator, a Courtier should be, So these men have only Idaeated what a Pope would be. For if he could come to a true and real exercise of all that power which they attribute to him, I doubt not, but that Angel, Victorellus de custod●a Ang●lorum. which hath so long served in the place of being the particular Assistant in the Conclave, (for, since they afford a particular Tutelar Angel to every College and Corporation, And a Fol. 16. to the race of Flies and of Fleas, and of Ants, since they allow such an Angel b Fol. 133. to every Infidel Kingdom, c Fol. 121. yea to Antichrist, d Fol. 17. yea to Hell itself, it were very unequal to deny one to this place,) This Angel, I say, would be glad of the room, and become a Suitor to the holy Ghost, to name him in the next Conclave. For he should not only enlarge his Diocese, and have all the lower world under him, but he shall have those two principal Seraphins which ever attend the Pope, Fo. 104. Michael, and Gabriel; (for, that Gabriel is the second, Victorellus produces two very equal witnesses, Fo. 105. The Roman Litanie, and Tassoes Jerusalem.) And all the particular Angels of all spiritual Societies; Fo. 106. And (because also (as he says) he is Temporal Lord) all the Archangels, and Principalities, which govern particular estates, ●hall concur to his Guard and assistance. 4 As Nero had an officer A voluptatibus, So, it seems, have the Popes, A titulis. And flatterers have always a Complacency and Delight in themselves, if they can bestow a style and Title upon a great Prince, because therein they think they contribute something to his greatness; since Ceremony is a main part of Greatness, and Title, a great part of that. And now they had observed, that all the chief Titles of the Pope had been attributed to others, and were in their Nature and use communicable; Aquin. contr. Gent. cap. 20. For all the Apostles, and all the Disciples of Christ, are called Vicarij Christi; And this name will not serve his turn, if it were peculiar to himself. For, as his Victoria teaches us, a Fraenc. a Victor. de potest. Papae et Co●cil. ● Ad Quintum. This Vicariate doth not enable him to do all things which are not expressly forbidden him (as some do think) but only such things as are expressly granted unto him, and therefore his claim by that Title will be too strict. And the name of Universal Bishop, was given to Cyprian, Hiero. de locis Hebr●. when he was styled, Totius orbis Praeses. And in that sense it may justly be given; For as a Physician or Chirurgeon, which hath taken into his Cure any one part of a man's body, either corrupted, or in danger of being so, may justly be said to look to, and preserve the body of such a man; So that Bishop which governs well one Church, is therein a Bishop of the whole Church, & benefits the whole mystical body thereof, by reason of the strong relation, & indissoluble connexion of all the parts, with one another, and to the head. 5 And for that style of Pontifex Maximus, which either is not due to the Pope, or else is so sublime and transcendent a name, De Pont. l. 2. c. 31. § Argumentum. as Bellarmine could bring it within no Rule nor Predicament, when he makes up the Canon of the Pope's fifteen Titles, by all and every one of which, he says, his Primacy is evidently collected; L. 2. c. 26. They saw it given to At●ana●ius, in Ruffinus. And the name of Pope was so communicated, that not only every Bishop was called a Pope, Hiero. Epist. ad Chromat. Par. 2. l. 4. but Cyprian, The Pope. Quem Christiani suum Papam vocant. In the estimation of which name, they have often fluctuated and wa●uered. For, Azor. Mor. Ins●it. c. 4. § Porro. almost for nine hundred years, they afforded it to all: Then they restrained it to the Bishops of Rome, to which purpose Lect. a 23. Dist. 96 In Scriptures, etc. 6. q. 1. Sacerdotes, etc. Biel upon the Canon of the Mass, cities divers Canons, though far from the matter. 6 And ever since the Reformation of the Church was courageously begun, and prosperously and blessedly prosecuted, they having been called Papists for their implicit relying upon the Pope, lest their own Argument against us, Bellar. de Eccles. milit. l. 4. c. 4. That to be denominate from any person, is a mark of Heresy, should be retorted upon themselves, they have in all Dedications and public Acts, as much as they can, forborn, and declined that name Pope, and still usurped, Summus Pontifex, and Pontifex Maximus. And yet being still urged and followed, and having no escape, but that the name of papists, sticks to them, and by their Rules imprints some marks of Heresy; Ibidem § At inquiunt. though Bellarmine, a little ashamed of the name Papist, say; That only the Lutherans, and a few neighbour Countries call them so: Yet that late Carmelite that hath defended Lypsius, says confidently. a Anastas. Cochelet. Pale●●rit. hono. f. 9 We are Papists; we confess it; and b Fo. 6. we glory in that Name. 7 And this name of Pope, they are the rather content to take to him against because they think that we grudge him that name. Florimond. de Remond. l. 6. For so that councillor of the Parliament of Bordeaux, which in his History of the progress and decay of Heresy, hath taken occasion to speak of the affairs of England, in which, because no man should doubt of the truth thereof, he pro●esses to follow Sanders, and Ribadene●ra, (by whom a Moral man may as well be instructed for matter of Fact, as a Christian might be by Arrius or Mahomet, for his Faith) says, That Henry the ●ight, made it Felony to call the holy Father Pope, or to read that name in any Book, and not to blot it out. 8 Having therefore found such easiness, and flexibility in all old Names, they have provided him now of this name spiritual Prince; in a larger sense, than that great Prince, whom they call Praeste-gian assumes it (for that name signifies Apostolic, Brancheda Orarati. ad Imp. de mutat. Imper. fo. 18. and Christ's Vicegerent, in his own kingdoms) or then Christ himself ever assumed, or the Holy Ghost, by the Prophet Esay, Esay. 9.6. reckoning up his most glorious titles, ever attributed to him; and yet in that place of Esay, both his eternal Kingdom by his filiation, and his everlasting Kingdom of glory, inchoated in his resurrection, and his Kingdom of grace in our consciences, are evidently to be discerned: For, though there be mention o● Principality, yet it is said, Principatus super humerum eius, Lyra. which your Doctor expounds of carrying the Cross; and that he shall be Princeps pacis, which is intrinsical, ●aies the same Expositor & belongs to the Conscience. But this Doctrine which must so settle and affirm a Catholic conscience, that it must bind him to die, and entitle him to martyrdom, hath no touch, nor tincture of either of these Principalities, of Patience, or of Peace; bu● all therein is Anger and War, not only with that sword of two edges, of the Word and Censures, which is his, but with two swords; which now we shall see how he claims. 9 The Pope represents Christ to us (says Bellarmine) as he was, De pont. l. 5. c. 4. §. Superest. whilst he lived amongst men: nor can we attribute to the Pope any other office, than Christ had● as he was a mortal man. And in t●is Capacity, says he, Ibid. § Sediam. Christ neither had the execution, nor the power of any temporal Kingdom. §. Caeterum. And that therefore, if the Pope, as a King, can take from any King the execution of his place, Ca 3. parag. Gregorius. he is greater than Christ; and if he cannot, than he hath no Regal power. Thus he disputes against those which entitle the Pope to a Direct, and Ordinary jurisdiction over Princes. 10 And the same reasons and grounds, by which he destroys that opinion, will destroy his; which is, Ca 3. farag. ut igitur. That as Christ was, so the Pope is, spiritual prince, over all men, and that by virtue of that power, he may dispose of all temporal things, as he shall judge it expedient to his spiritual ends. 11 For first, against that opinion of Ordinary jurisdiction he argues thus; Ca 3 parag. Eadem If it were so, it would appear out of the Scriptures, or from the Tradition of the Apostles: but in the Scriptures, there is mention of the keys of Heaven, but none of the Kingdoms of the earth; nor do our Adversaries offer any Apostolic Tradition. Will not you then, before you receive too deep impression of Bellarmine's doctrine, as to pay your lives for maintenance thereof, tell him, That if his opinion were true, it would appear in Scripture, or Apostolic tradition? And shall poor and lame, and ●lacke arguments coniecturally and unnecessarily deduced from similitudes and comparisons, and decency, and conveniency bind your judgements, and your lives, for reverence of him, who by his example counsels you, to call for better proof? will you so, in obeying him, disobey him, & swallow his conclusions, & yet accuse his fashion of proving them? which you do, if when he calls for scriptures against others, you accept his positions for his sake, without scriptures. 12 Another of Bellarmine's reasons against Ordinary jurisdiction, is, That Regal authority was no● necessary nor of use in Christ to work his end, Ca 4. § Confirmatur. but superfluous and unprofitable. And what greater use, or necessity can the Pope have of this Extraordinary authority (which is a power to work the same effects, though not by the same way) than Christ had, if his ends be the same which Christ's were? and it appears that Christ neither had, nor foresaw use of either, because he neither exercised nor instistuted either. For, that is not to the purpose, which Bellarmine says, that Christ might have exercised that power if he would, Ca 4. § Vt igitur since the Pope's authority is grounded upon Christ's example; and limited to that: For Christ might have done many things which the Pope cannot do; as converting all the world at once, instituting more sacraments, and many such: Ca 3. § Gregorius. and therefore Bellarmine argued well before, that it is enough for him to prove, that Christ did not exercise Regal power, nor declare himself to have it which Declarion only, and practise, must be drawn into Consequence, and be the precedent for the Pope to follow. 16 The light of which Argument, that the Pope hath no power, but such as Christ exercised, hath brought so many of them to think it necessary to prove That both Christ did exercise Regal authority in accepting Regal reverence upon Palme-Sunday, and in his corrections in the temple, And his judgement in the woman's case which was taken in Adultery. Maynardus de priuil. Eccles. Ar. 7. N. 5.6.9. Idem. Ar. 8. n. 3.5 And that S. Peter used also the like power, in condemning Ananias and Saphira, and Simon Magus. 14 In another place Bellarmine says, That S. Paul appealed to Caesar, De pont. l. 2. c. 29. §. Respond. primo as to his Superior judge, not only de facto, but de jure; and that the Apostles were subjects to the Ethnique Emperors, in all temporal causes, and that the law of Christ, deprives no man of his right, which he had before. And lately in his Recognitions he departs from this opinion, and denies that he was his judge, de jure. If his first opinion be true, can these consist together, that he which is subject in temporal causes, can at the same time and in the same causes be superior? Or that he over whom the Emperor had supreme temporal authority, should have authority over the Emperor in temporal causes? and what is there in the second opinion, that should induce so strong an Obligation upon a conscience, as to die for it; Since the first was better grounded (for, for that he produced Scriptures) and the second is destitute of that help, and without further search into it, tells us, that neither the Doctrine, nor the Doctor are constant enough to build a Mar●yredome upon. 15 Thus also Bellarmine argues, to our advantage (though he do it to prove a necessity of this power in the Church) that every Commonwealth is sufficiently provided in itself, C●. 7. § Secunda ra●●. to attain the end, for which it is instituted. And, as we said before, the end of a Christian Commonwealth, is not only tranquillity (for that sometimes may be maintained by unchristianly means) but it is the practice of all moral virtue, now explicated to us, and observed by us, in the exercise of Christian Religion; and therefore such a Commonwealth hath of itself, all means necessary to those ends, without new additions: as a man consisting of body and soul, if he come from Infidelity to the Christian Religion, hath no new third essen●iall p●rt added to him, to govern that body, and soul, but only hath the same soul enlightened with a more explicit knowledge of her duty. Ca 6. § Ita pr●r●u●. 16 B●llar●ine also tells us, That in the Apostles time, these two powers were separated, and ●o all the Temporal was in the Emperor, as all the Ecclesiastic in the Apostles and that Hierarchy. By what way then, and at what time came this Authority into them, if it were once out? For, to say, that it sprung out of Spiritual Authority, when there was any use of it, were to say, that that Authority at Christ's institution had not all her perfections and maturity, and to say, that it is no other but the highest act, and a kind of prerogative of the spiritual power, will not reach home● For you must believe and die in this, that the Pope as spiritual Prince, may not only dispose of temporal matters, but that herein he uses the temporal sword, and temporal jurisdiction. 17 But when Bellarmine says, l. 5● C. 6. That this supreme authority resides in the Pope, yet not as he is Pope, And that the Pope, and none but he, can ●epose Kings, and transfer Kingdoms, and yet, not as Pope, I profess that I know not, how to speak thereof with so much earnestness, as becomes a matter of so great weight. For other Princes, when they exercise their extraordinary and Absolute power, and prerogative, and for the public good put in practice sometimes some of those parts of their power, 1. Sam. 8.11. which are spoken of in Samuel, (which to many men seem to exceed Regal p●we●) yet they profess to do these things as they are Kings, and not by any other authority then that. 18 And if there be some things which the Pope cannot do as Pope, but as chief spiritual Prince, this implies that there are other inferior spiritual Princes, which are Bishops: (for so Bellarmine says, That Bishops in their Dioceses are Ecclesiastic Princes. De Pont. l. 4. C. 15. §. At in. ) And have Bishops any such measure of this spiritual principality, that they may do somethings by that, which they cannot do, as they are Bishops● 19 All Principalities maintain their being by these two, reward, & punishment. How lame then and unperfect is this spiritual principality, which can afford but one half? For it is only then of use, when the Pope will punish, and correct a King, by Deposing him: for all Rewards & Indulgences in this life, and in the next, he confers and bestows, as he is Pope, and needs not this Title, to do any good which is in his power. And for corrections and punishments, all which we are sure he can lawfully do, which is, to inflict Church censures, upon those who are under his spiritual obedience, he doth as he is Pope, and needs not this principality for that use neither. 20 But for irregular actions, and such as occasion tumult and sedition, De Concil. l. 1. C. 18. §. Dico. he must be a spiritual Prince. For, says Bellarmine, Though the Pope as he is precedent of a general Council, (and he is that, as he is Pope) ought to follow the greatest number of voices in making Decrees● yet as he is chief Prince, he is not bound to do so, but may follow the lesser number. And yet scarce constant to himself, he says, That this liberty belongs to the Pope, because he hath the assistance of the holy Ghost: Now the Pope, as Pope, hath the assistance of the holy Ghost, (for else his Determination in Ca●hedra, in matters of faith, were not by his ordinary, and Direct power,) and therefore as Pope he may follow the fewer voices in a Council, and as Pope (or no way) he may depose Princes. 21 For as, though they seem to place more power, Reg. juris in 6. C. ●in. glos. verb. P●ntif●catus. or dignity, in Pontificatu, then in Apostolatu, because the Pope's date their Rescripts, from the time of their Election to their Coronation, thus, Anno Apostolatus primo, etc. and seal but with half the seal, but after their Coronation, they begin to call their government Pontificatum: yet all the authority which they have, is certainly in them from their● Election, because says the gloss, that confers praesulatum: so they have fancied & imagined a Principatum above all these, yet certainly all the authority they have, is as they are Popes. Which served them to do mischief enough, before this title was invented. And to say, that they have authority, as they are Popes, to do some acts, as they are not Popes, is such a dark, and misty, and drowsy Doctrine, as it is the fittest and most proportional martyrdom in this business, for a man to dream that he died for it. 22 For it is strange that the●e men can discern and distinguish in the same office, between the Pope, and a spiritual Prince, when as Philip the last King of Spain, could not distinguish between the Person and the Office of the Pope● for being in so much forwardness, that he had given the D. of Alva Order to besiege Rome, because Paul the fourth had brought into Italy an Army of French, to infest the Kingdom of Naples, and being solicited by the Venetians, to desist from offending the Pope, though he answered, That his preparations were not against the Pope, but against Peter Caraffa his subject, and a Rebel, yet when the Venetians replied, Lelio medici contr. Venetia. Sopra il sunda 2. fo. 194. that if he could separate Caraffa from the Pope, they would intercede no farther, else they would give the Pope their assistance, the King, says a Catholic writer, gave over, because he saw it impossible to distinguish them. 23 And as the Doctrine it sel●e is too inexplicable, for any man to adventure thereupon his li●e, or such dangers as the law esteems equivalent to this purpose, which are, all such damages as induce a just fear: So is the Channel and way by which it is derived to us, so various, and muddy, as that also should retard any man, from such a Prejudice, and such an Anticipation of the resolution of the Church herein as it is, to seal with life, that which no man yet knows, how the Church will determine. For, in Bellarmine, who hath got the reputation to be the principal of t●is faction (though I confess he found the foundation of it, and his best Arguments for it, in our Countryman Sanders, out of whom and Stapleton and a few more, that Church hath received more strength, then from the late writers of all other Nations,) his authority and credit is not only infirmed and impaired, in that, Baronius, a man of as much merit of the Church, and rewarded by her, with the same Dignity, is of a contrary opinion, but also, because averring, that his opinion is the opinion of the Divines, and the other only of Canonists, Divines themselves, (for such Baronius and Bozius are) have more than others oppugned it. 24 And so that new Order of the Congregation, of which both they are, being (as I said before) laid for a stumbling block, that the world, which in such a rage of Devotion ran towards the Jesuits, might be arrested a little upon the contemplation of an Order which professed Church-knowledge, as the other did state-knowledge, hath exceeded the Jesuits in their own Art, of flattering and magnifying the Pope. For they have maintained his Direct and Ordinary power, whereas the other have but provided him a new and specious Title. Titulo libri. And so not only such as Carerius lays the imputation of Impious Politician upon Bellarmine and all his followers in this point, And bitterly Anathmatises Bellarmine by name, and maintains this power to be in the Pope, De Pont. l● 2. C. 8. either as Pope, or not as Christ's Vicar, l. 2. C. 11. But Bozius also calls these men novos Theologos, and says, l. 5. C. Vlti. They teach doctrine evidently false, and such as fights against all Truth. And another Catholic writer, Barclaius de pot. Pap. C. 1. §. mihi. though he impugn both these opinions, of Bellarmine, and Baronius, yet he protests, that the opinion which Bellarmine calls the Canonists opinion, is the more probable, and defensible: because, says he, that opinion is not against the order of Nature, that the Pope should exercise such a power, which they maintain to be directly granted to him: but that opinion, which they call the Divines opinion, is against Nature, since it admits the exercise of such an Authority, as is neither by name granted, nor necessary to the ends of the Church: And therefore, says this Catholic, though the Divines overthrow the Canonists, yet they prove not their own opinion. Cap. 3. in Princ. et ca 40. And in another place he says, That though Bellarmine have given as much to the Pope, as honestly he could, and more than he should have done, yet he was so far from satisfying the Pope herein, that for this opinion the Pope was very near condemning all his works, as, says he, the Jesuits themselves, have told me. 25 Which disposition of inclining to the Canonists opinion, appears still in the Popes, who accept so well the books of that purpose, that the greatest part of those Authors, which I have cited in this book, of that matter, are dedicated to the late Popes. So that, that Doctrine, which is so much denied in the substance and Essence thereof, that all ways of the existence thereof are peremptorily denied, hath not yet received concoxions enough from the Church, to nourish a conscience to such a strength, as martyrdom requires. For that, which their great Doctor Franciscus a Victoria pronounces against his direct Authority, De potest. Eccles. Sect. 6. Nu. 4. we may as safely say against that & the indirect, This is the strongest proole that can be against him, This Authority is not proved to be in the Pope, Ibid. Nu. 2. et 3. by any means, and therefore he hath it not. To which purpose he had directly said before, of the direct Authority, It is manifestly false, although they say that it is manifestly true; And I believe it to be a mere devise, only to flatter the Popes. And it is altogether feigned, without probability, Reason, Witness, Scripture, Father, or Divine. Only some Glossers of the law, poor in fortune and learning, have bestowed this authority upon them. And therefore, as that Ermit which was fed in the Desert by an Angel, Aluarez specul. utri. Dignit. ca 33. Nu. 4. received from the Angel withered grapes, when he said his prayers, after the due time, and ripe grapes when he observed the just time, but wild sour grapes when he prevented the time, so must that hasty and unseasonable obedience to the Church, to die for her Doctrine, before she herself knows what it is, have but a sour and unpleasant reward. CHAP. X. That the Canons can give them no warrant, to adventure these dangers, for this refusal: And that the reverend name of Canons, is falsely, and cautelously insinuated, and stolen upon the whole body of the Canon law, with a brief Consideration upon all the books thereof; and a particular survey, of all those Canons, which are ordinarily cited by those Authors, which maintain this temporal jurisdiction in the Pope. TO this spiritual Prince, of whom we spoke in the former Chapter, the huge and vast books of the Canon law, serve for his Guard. For they are great bodies loaded with divers weapons of Excommunications, Anathems, and Interdicts, but are seldom drawn to any press or close fight. And as with temporal Princes, the danger is come very near his person, if the remedy lie in his guard, so is also this spiritual Prince brought to a near exigent, if his title to depose Princes must be defended by the Canons. For, in this spiritual war which the Reformed Churches under the conduct of the Holy Ghost, have undertaken against Rome, not to destroy her, but to reduce her to that obedience, from which at first she unadvisedly strayed, but now stubbornly rebels against it, the Canon law serves rather to stop a breach, into which men use to cast as well straw and Feathers, as Timber and Stone, then to maintain a fight and battle. 2 This I speak not to diminish the Reverence or slacken the obligation which belongs to the ancient Canons and Decrees of the Church; but that the name may not deceive us; Carranza. sum. Concil. fo. 92. For, as the heretics Vrsalius, and Valens, got together a company at Nice, because they would establish their Heresies, under the name of a Nicene Council, (which had ever so much reputation, that all was readily received, which was truly offered under that name) so is most pestilent and infectious doctrine, conveyed to us, under the reverend name of Ecclesiastic Canons. 3 The body of the Canon law, which was called Codex Canonum, which contained the Decrees of certain ancient Counsels, was usually produced in after- Counsels for their direction, and by the entreaty of pope's, admitted and incorporated into the body of the Roman and Imperial law; and ever in all causes, wherein they had given any Decision, it was judged according to them, after the Emperors had by such admittance given them that strength. 4 And if the body of that law, were but grown and swelled, if this were a Gravidnes, & Pregnancy which she had conceived of General Counsels lawfully called, and lawfully proceeded in, and so she had brought forth children loving and profitable to the public, and not only to the Mother, (for how many Canons are made only in favour of the Canons?) all Christian Princes would be as inclinable to give her strength, and dignity, by incorporating her into their laws, and authorizing her thereby, as some of the Emperors were. And had the Bishops of Rome maintained that purity, and integrity of Doctrine, Cod. de Sum. Trinit. le. 1. Cunctos and that compatibleness with Princes, which gave them authority at first, when the Emperors conceived so well of that Church, as they bound their faith to the faith thereof (which they might boldly do at that time) perchance Princes would not have refused, that the adiections of those later Popes should have been admitted as parts of the Canon law: nor should the Church have been pestered, and poisoned with these tumours, & excrescenges, with which it abounds at this time, and swells daily with new additions. 5 In which, if there be any thing which binds our faith, and derives upon us a Title to martyrdom, if we die in defence thereof (as there are many things derived from Scriptures and Obligatory Counsels) the strength of that band rises so much from the nature of the thing, or from the goodness of the soil, from which it was transplanted to that place, that though we might be Martyrs, if we defended it in that respect, yet we should lose that benefit, though it be an evident and Christian truth, if we defend it upon that reason, That it is by approbation of the ●ope inserted into the body of the Canon law; which is a satire, and Miscellany of divers and ill digested Ingredients. 6 The first part whereof, which is the Decretum compiled by Gratian, which hath been in use above four hundred years, is so diseased and corrupt a member thereof, that all the Medicines, which the learned Archbishop Augustinus, applied to it, and all that the several Commissioners, first by Pius the fifth, then by Gregory the thirteenth, have practised upon it, have not brought it to any state of perfect health, nor any degree of convalescence. 7 But though that Bishop say, De Emendat. Grat. l. 1. Dial. 1. That Gratian is not worthy of many words, though in his dispraise, yet because he tells us, Ibid. That the ignorant admire him, though the Learned laugh at him; And because he is accounted so great a part of the Canon Law, as even the Decretal Epistles of the Popes are called, Extra, in respect of him, as being out of the Canon Law, it shall not be amiss to make some deeper impressions of him. 8 Thus far therefore the Catholic Archbishop charges him, L. 2. Dial. 8. To have been so indiscreet and precipitate, that he never stood upon Authority of Books, but took all, as if they had been written with the finger of God, as certainly as Moses Tables; And he is so well confirmed in the opinion of his negligence, that he says, L. 1. Dial. 4. He did not only never judge and weigh, but never see the Counsels nor the Registers of Popes, nor the works of the Fathers: And therefore says he, There is only one remedy left, which is, una litura. L. 1. Dial. 19 And in another place, L. 1. Dial. 16. That there can be no use at all made of this Collection, but that a better must be attended, out of the Originals. 9 But if his error were only in Chronologies, as to give Pope Nicholas a place in the Council of Carthage, L. 1. Dial. 3. who was dead before; Or in Arithmetic, Ibid. as when purposely he enumerates all the Counsels, to make the number less by four. If this weakness had only been, that he was not able to spell, and so in a place of much importance, to Read Ephesus for Erphesfurd, Ibid. Jerome, for jeremy, L. Dial. 4. and Heretic for Henry, and a hundred such; If he had stopped, either at mistaking of true Authors, Ibid. as to cite out of Saint Peter, that which Saint Paul says (which liberty his Glosser extends farther, Dist. 43. si quis. verb. postulat. and therefore cities a whole sentence, for Scripture, which is nowhere) Or if he had staid at imagining words out of false Authors, as to cite the Council of Geneva, L. 1. Dial. 4. and Macharius the Pope, which never were, (as he and the Palea do) there were an open way for him, as it is said in that Dialogue, to say with the Apostle, L. 2. Dial 8. 1. Tim. 1.13. Quia ignorans ●eci. 10 But we also find malignity and danger to our cause, in his Falsifications. For, to dignify the Sea of Rome, De paenit. Doct. 1 potest fi●ri. he cities Ambrose's words thus, Non habent Petri haereditatem, qui non habent Petri sedem; which in Ambrose is observed to be, Petri fidem. And to establish the exemption of Clergy men from secular justice, 11. q. 1. Cl●ricum Ex Conc. Agath. Can. 32. he cities this out of a Council now a thousand years past, Clericum nullus presumat pulsare apud judicem Saecularem; Whereas the words of the Council are Clericus nullus presumat. And so the Council lays a Commandment upon the Clergy, but Gratian lays it upon the laity. 11 Which falsity, Tom. 2. ●o. 306. Binius, citing the Council aright, and Gratians words also right in the Margin, forbears to observe or reprehend, and dissembles the injury done to the world therein. But Bellarmine hath dealt herein with more obnoxiousness, and less excuse, De Clericis l. 1. c. 28 § Tertia. then Binius, because having no reference at all to Gratian, he cities the words out of the Council itself; and having said, That Counsel pronounces in this point more clearly, in these words; He cities the words, falsely, and corruptly as Gratian did before. 12 And as for such iniquities as these, we have reason to decline Gratian, as injurious to us: So also in Charity towards them, which are carried with an implicit Faith in Canons, in which name Gratian is enwrapped, we are bound to tell you how unworthy he is, to be relied upon by you. For in the point of the emperors Electing the Pope, he hath spoken so dangerously, Baron To. 9 Ann. 774. n. 13. D●st. 65 Hadrianus. St Dist. 63 In Synodo. that Baronius is forced to give this censure upon him, Gratian, out of too much credulity, improvidently writ out a most manifest imposture, and inserted that, as a most strong Decree, all which, with the Author thereof, should rather have been hissed away, and pursued with execrations, which also he says of another place in Gratian, to the same purpose; To 9 Anno 801. ●o. 622.11. q. 1. Volumus. and accuses him of mutilating the famous laws of Charles the Great, called Capitularia. 13 With like danger to the Roman Sea, he cities a Canon of a Greek Council, Dist. 31. quoniam. whose sense he apprehended not, in the matter of marriage of Priests; for he says, that that Canon was grounded upon the Apostles Canons; and yet it is contrary to the Canons of the Roman Church. So that of this place, that Archbishop of whom I spoke before, exclaims, li. 1. Dial. 8. who can endure this? and that by no means it may be received. 14 And not only in matters of fact (though that be the right leg upon which the Roman Religion, (especially in Crown Divinity) doth stand) doth Gratian deceive you, but even in such things as are matters of faith: both naturally, and so, common to all men, As when he allows that there may be perplexities in evil, Dist. 13. Duo Mala. And Nerui. and so in some cases a necessity of sinning, and then, says he, the remedy is to choose the less evil; as also of that which is matter of faith, especially to the professors of your Religion, which is the necessity of Oral Confession: De penitent. Dist. 1. Quamuis in fine. for, having produced authorities on both sides, whether it be necessary or no, he leaves it as indifferent to the Reader, to allow & choose which opinion he likes best. 15 And because the Gloss is now by some thought, to be of equal authority with the Text, it is not an inconvenient way to enervate both, by presenting some of the vanities and illusions of that. And though I will not in so serious a business, insist upon such things, as might make sport and move laughter, yet these few I may be excusable to let fall in this place. When Gratian speaks of that Parable of the lost sheep, L●c. 15.4. and says, out of the Gospel, that the 99 were left in Deserto, id est, Dist. 5. Quia sanctitas. verb. In Deserto. says the Gloss, In Coelo, quod Diabolus per peccatum deseruit. Which, besides the detortion, destroys utterly the purpose of our Saviour, in that Parable. And so when Gratian, out of a Council cities an Act to be done, 24. q. 2. Sane pro●e●tur. Verb. Item. in Ecclesia Romanorum, id est, says the Gloss, Constantinopolitanorum. 16 In many places Gratian says, that a Dist. 22. in tantum. in fine. 24. q. 2. Sane profertur. Dioscorus had not erred, in fide; which being evidently false, for b Dist. 15. Canon's. et glos. ver. Defe●sorem. he followed and defended Eutyches his Heresy, the gloss remedies it thus, Non in fide, id est, non in fide tantum. And out of his favour to Priests, Dist 31. Sacerdotibus. ver. semper. where Gratian says out of Bede, That Priests must always abstain from their wives, the gloss says, Semper, id est, Horis debitis. And when out of the Nicene Council it was produced, Dist. 33. Interd●xit. v●rb. Idoneas. That a Prelate might have in his house no women, except his mother, or sister, or such fit persons, as might avoid suspicion, that is, says the gloss, His men's wives. And when Lanfred a young lusty Bishop, Dist. 34. Quorundam. v●●sama. and a great huntsman, was defamed also for immoderate familiarity with his own daughter, the gloss says, It was not for any evil, for they were too near in blood, but because he kissed her so much openly, and put his hand in her bosom. 17 And lastly, to stay you no longer, in this ill air, Ibid. Vidua. ver. multorum. where the text says, Meretrix est, quae multorum libidini patet, the gloss brings this indefinite number to a certain, and says, that that name belongs to her, when she hath lain with 23000. men. 18 And as these Authors in whom there are these aspersions, and such weeds as these, are therefore unworthy, that either the Pope's approbation should ●all upon them, or that any obligation should be thrown upon our consciences, from their authority: so is it impossible, that any such approbation should include them both; for the gloss doth sometimes (when no reconciliation can serve him) depart from Gratian with some disdain; Dist. 68 sicut. ver. sicut. as when he says, Superficialis est Argumentatio Magistri: and sometimes in c●oler● as one notes him to say, Alb. Gent. de lib. jur. C. 2. Fateor plane te mentitum, Gratiane: And sometimes he doth positively teach the just contrary to Gratian, in matter of faith; as in the Doctrine of perplexities, Dist. 13. Duo mal●. which we noted before. 19 How dangerous therefore it is to confide in Gratian, we see already, & may have further light, by observing, De Concil. autor● l. 2. c. 13. § Sea obijciunt. That Ballarmine says, that in a main point of Canonical Scriptures, Gratian was deceived, by trusting a false copy of Saint Augustine's works: Dist. 19 In Canonicis. And as Bellarmine says here● that Gratian was deceived, so Gratian deceived him; for in that Canon which we cited before, of the exemption of Clergy men, either Bellarmine was a direct falsifier of the Council, or an indiscreet & credulous swallower of Gratians errors; which in his Recognition he refuseth not to confess in another matter, when he retracts some things which he spoke upon the credit of Gratian, & there reputes & recants them. 20 But you and Bellarmine may easily be misled by him, since even a Pope himself was brought into a false persuasion by his error. For, till of late, all the copies of the Decretum, in that famous Canon, Dist. 15. Sancta Romana, which distinguishes Canonical f●om Apocryphal writings, in stead of the words, Sedulij opus, Heroicis versibus descriptum, had these words, Pierius de Barb. sace●do. §. At videte. Hereticis versibus. Which says a Catholic author, induced not only many wise men, but even pope Adrian 6. to a persuasion, that all Poetry was Heretical; since Gelasius a Pope, and Author of that Canon, though he praised Sedulius his work, in that place, yet because it was writ in verse, he c●ls them Hereticos versus. 21 Of them therefore which will bind their faith to the Canons, and adventure these dangers for that faith (as the Canonists say, Dist. 75. quod a patrib. gloss. ver. sabbati. that Saturday and Sunday is all one, fiction Canonica so we may say, tha● they are but Martyrs' fiction Canonica; and that not only a Martyr, and a Self-murderer, but a Martyr and a Traitor, may be all one, Fictione Canonica. And by such fiction, that English Priest Bridgewater, which calls himself Aquipontanus, overturning and re●enuersing his name with h●● conscience, Respo. ad Georg. Sohn. de Antichrist. Thes. 15. may be believed, when he says, That those Priests which were executed under Queen Elizabeth, died pro inficiatione pontificatus faeminei: But their malice was not because she would have been a Priest, but because she would not be a Sacrifice to their Idolatry, nor Ambition; nor open her heart to their enchantments, nor her throat and sides to their poisons and swords. 22 The next limb in this great body of the Canon law, after the Decretum, is the Decretal; set out by Grego●y the ninth, who was Pope about the year one thousand two hundred thirty. And as the Decretum pretends to bring to all purposes, sentences of Fathers, an● Canons of Counsels, So this pretends principally the Rescripts and Decretal letters of Popes. So also, do all t●e other books, which were set out after, in supplement of this: as that, which is called Sextus, set forth by Boniface the eight, who was Pope, An. one thousand three hundred: and the Clementines, which Clement the fifth set out, who was Pope within six years after● and those Extravagants, which bea●e the name of john the two and twenty, within ten years of Clement: and those which are called common Extravagants because they come from divers Popes: and to these is added not long since the book called Septimus Decretalium. 23 And thus this fat law (for so Civilians say of that, that it is Crassa aequitas; which is a praise beyond desert, though they speak it in diminution & scorn) grows daily so fast, that as any corruption can get entertainment in a gross body, so I doubt not but this, or the next age, shall see in their Octaves and future Volumes, not only many of their letters, yet for shame concealed, but at Henry the thirds death, canonised in the body of this law. For though they have denied it with some-earnestnesse, yet they have also confessed, that if it were such as it is said to be, it admits a good interpretation. 24 But for these books, though they have more credit with them then the Decretum hath, I will ease myself of that labour, which I took in that book, in presenting particular defects and infirmities, both because we have Bellarmine's confession, That there are many things in the Decretal Epistles, which do not make a matter to be De fide, De Pont. l. 4. c. 14. § Respond. nec. but only do declare, what the opinions of the Popes were in those causes, and because a Catholic author of whom we spoke before, hath observed, that the compiler of the Dec●etals, Picrius de Barba sacerd.. § Hoc in genere. by leaving out a word, in a Canon of a Council of Car●hage, hath occasioned the Church ever since, to do directly against the purpose of that Council, in shaving the heads of Priests. De vit. & hon. Cleri. Clericus. For whereas the Council is cited by him, Clerici nec Comam Nutriant nec barbam, by occasion whereof, many subsequent orders were brought in, for Shaving, and transgressors severely punished, it appears that he left out in the end, the word Radant, which utterly changed the precept into the contrary. These Canons therefore, of so sickly and weak a constitution, that any thing dejects them, cannot prevail so much upon our consciences, as to imprint and work such a confidence in them, and irremoveablenesse from them, as to maintain them with the same manner of testimony, as we would do the words of God himself. 25 For, howsoever they depart from them, and seem somewhat negligent of the Canons, when we make use of them to our advantage against them, yet they affright and enthrall the tender consciences of their own Disciples, with nothing more, than the name of Canons, to which promiscuously they ascribe all reverence and assent, without distinguishing to them, which are Gratians, and which are opinionate, and which Decretal, for all together are approved and confirmed. And therefore the Canons themselves not only inflict an Anatheme vp●on any ●ay-ma●, D●st. 1●. s●ncta Romana. which shall so much as dispute upon, the text, or any one Iod o● the Epistle of Pope Leo, 25. q. 1. Viola●ores. which is in the Canons, but also pronounce it blasphemy against the holy Ghost, to violate a Canon willingly, because ●hey are made by the hyol Ghost And Bellarmine also, writing against a Doctor which had defended the Venetian ca●se, against the Pope's Censures, says, Respons. ad Docto T●●●lo. propo●it. t●r●a § Te●tia haec. That it is a grievous rashness, not to be lef● unpunished, that he should say, ●he Canons, as being but human laws, cannot have equal authority with Divine. For this (says Bellarmine) is a contempt of the Canons, as though they were not made by the direction of the holy Ghost. Marsilij desens. Docto. Ca 5, § E●rat. XI. And yet these Canons which that Doctor intimated, were but two, and cyred but by Gratian, and concerned only Exemption of Clergy men from secular ●udges. 26 And so parson's when he is to ma●e h●s advantage of any Sentence in Gratian, uses to dignify it thus, That it is translated by the Popes into the Corpse of the Canon law, Treat. of mitig. Ca 7. n. 42. and so not only allowed and admitted, and approved, but commended, and commanded; and as he adds after, Nu. 43. Canonised and determined for Canonical law, and authorized and set forth for Sacred and Authentical, Nu 43 by all Popes whatsoeuer● For they continue st●ll that practise which Frederic the Emperor observed in his time, Petr. de vineis. Epist. 4. l. 1. when they interdicted his K●ngdome of Sicily, Offundunt bibulis auribus Canon's. 27 And when they list to urge a Canon, any little rag torn or fallen off from ●hence, Ca●si●nus lugd●ni. Ann. 1606 f● 740. must bind the Church de fide, as a cathedral, and Decretal resol●●ion: for so says he, that made the Notes upon Cassianus, excusing Origen, chrysostom, & some other Fathers, for inclining to Plato's opinion of allowing some use of lies, in wise men, That it was lawful till the Church had defined the contrary: But now, says he, the Pope hath decreed it. And how hath he decreed it? In a letter upon a question of Usury, the Pope says, a De V●●ris super eo. Since the Scriptures forbid lies, even for defence of any man's life, much less may usury be permitted. But, if in this question of lying, the band did not a●ise out of the evidence and truth of the matter itself, but relied upon the authority of the Pope's declaration, and decision, can such a rag casually and incidentally fall into a letter of another purpose, by way of comparison, bind the whole Church, De fide? when as, though Sixtus 4. had so much declared himself to favour the opinion of our Lady's conception without original sin, that he had by b Extra●. Com. De reliqui cum perexcelsa. one Canon instituted a particular Festival thereof, and appointed a particular Office for ●hat day, with many Indulgences to the observers thereof; yet the favourers of the contrary opinion, forbore not for reverence of that Canon, to preach publicly against that Doctrine, till some years after, he forbade it under pain of Excommunication, by another Canon, c Ibid Grave. that any should affirm that she was conceived in original sin; and yet, d Victorell de Custod. Ang●lo. fo. 99 this is not esteemed as yet for all this, to be decreed as a matter of faith in that Church: yea, it is so far from it, that after all these solemnities and preiudices of that Pope, yet the Commissioners of Sixtus the fifth, and Gregory the thirteenth (appointed to expunge all dangerous passages in the Canons) in the Gloss upon that e De Consecra. D●st. 3. Pronunciand●m● Glos. ver. Nativitas. Canon, which reckons all the festival days which are to be observed, have left these words untouched, The Conception of our Lady is not named, because it ought not to be kept, though in England, and some other places it be; And the reason is, because she was conceived in original sin, as all but Christ, were. And after, the jesuit, of whom I spoke before, had refreshed that Doctrine, That a Confession of a person absent, made by letters, was Sacramental, and Clement the eight, was so vehement against it, that by a solemn decree he condemned it, for false, rash, and scandalous at least, and commanded, that no man should speak of it but by way of condemning it, and excluded even dumb men from this benefi●, yet another jesuit since, a great Doctor perplexorum, finds escapes to defend that Doctrine from being Heretical. Comitolus' R●sp. Mor. lib. 1. q. 16. 28 So that, though in truth there go very many Essential formalities to such a Decree as binds the conscience, De fide, yet these men when they need the Majesty of a Canon, will ever have fetters in all corne●s, to hold all consciences which off●r to slip or break from them, and still oppress them with weights, and with Mountain of Canons. Which way, the Canonists do no● only approve as the most convenient to hold men in that Religion, because the Canons are more easily v●ried, and flexible, and appliable to occasions, than the Scriptures are, but also (because ordinarily the Canonists have no other learning) they think the way by Canons, to be the fittest means, to reduce them whom they call Heretics. Maynardus de privil Eccl. Ar. 11. ●. 8.9. For so says one of them, in his book to the present Pope, (with m●ch acuteness, certainty, and subtlety,) The Canons may well be alleged against Heretics; because they allege Scriptures, and they cannot know Scriptures, by any other way then Canons. 29 But besides, that I have given you sufficient light, to look into the deformity and corruption of the Canons, (which, GOD forbid any should understand me to me●ne of Canons, in that sense and acceptation, that the Ancients received it, which is, of the Constitutions of Orthodox Counsels, for I take it here, as your Doctors do, & as your Confessors do, for the whole body of the Canon law, extant) before I ente● into the survey of those particular Canons, which usually are obtruded in this point of the Pope's temporal Supremacy, I will remember you briefly, of some of those reason's and occasions, (such as may be fittest to un-entangle your consciences, and deliver them from perplexities) in which the Canons do not bind us to the●r observation. 30 O● which, one of the most principal and important is, That Canons do never bind, though they be published and knowledge taken of them, except they be received, and practised in that Country. So says Gratian, Dist. 4. In istis. Laws are instituted, when they are published, but confirmed, when they are put in practice. And therefore, says he, none are guilty of transgressing Telesphorus Decree, that the Clergy should fast fifty days, because it was never approved by practice. No more doth the Decree of A●exander the third, De tregua et pace C. 1. Tregu●s. glos. ver. s●ongere. though under excommunication, That in Armies there should be abstinence, for reverence of certain days, bind any man● because it was not practised: which opinion Navarre also follows; Manual. C. 23. Nu. 41. and a late Canonist writing to this Pope, calls it, Singularem, et Magistralem, Vgolini. resp. ad 7. Theolo. §. 1. Nu 9 et a toto mundo allegatum. And upon this reason the Council of Trent binds not yet in some Countries, in neither Tribunal of conscience, or the outward censures of the Church, because it is not received. 31 And can you find ●hat any such Canons, as enable the Pope to depose a Prince, have been admitted by our Princes, and practised as ordinary and currant law? Or can you find any Canon to this purpose, with the face and countenance o● a law, made by the Popes in reposed & peaceable times, delivered quietly as a matter of Doctrine and conscience, and so accepted by the Church and state? For if in temporal Schisms, and differences, for temporal matters, between the Popes and other Princes, the Popes to raise or maintain a party against their enemies, have suffered seditious Bulls, and Rescripts to pass from them, to facilitate and effect their enterprises then in hand, this is far from the nature of a law, and from being accepted and practised, and so justified, as it may be drawn into consequence, and have power and strength to bind the conscience. Azor. To. 2. l. 7. C. 3. §. Quaer●s. Vgotini. ubi supra. 32 And as acceptation gives life to law, so doth disuse, or custom to the contrary abrogate it. And howsoever a superstition toward the Canons, may still be preserved in some of you, yet the general state, that is, the same authority, by which those Canons were received before, which ever had any strength here, hath disused them, & pronounced against so many of them, as can fall within this question, that is, Such as be derogatory to the Crown. For, if these laws be not borne alive, but have their quickening by others acceptation, the same power that gives them life, may by desertion withdraw their strength, and leave them invalid. 33 And thus much seemed needful to be said in the first part of this chapter, that you might see how putrid and corrupt a thing it is, which is offered to you under the reverend name of Canons; And that though this Cannon law be declined, and extenuated when we urge it, yet every Sentence thereof is equalled to Divine Scripture; and produced as a definition of the Church, when it may work their ends upon your consciences, which, for divers reasons issuing out of their own rules, should now be delivered from that yoke. THE SECOND PART. FOr the second place in this Chapter, I reserved the consideration and survey of those Canons which are Ordinarily usurped for defence of this temporal jurisdiction: In which my purpose is not, to amass all those Canons which incline toward that point, of which condition those which exexempt the Clergy from secular jurisdiction, and very many other, are, but only such as belong more directly to this point, to which the Oath stretches, That is, whether the Pope may depose a Sovereign Prince, and so we shall discern whether your consciences may so safely rely upon any resolution to be had out of the Canons, that you may incur the dangers of the law, for refusal thereof. 2 Of which Canons, though I will pretermit none, which I have found to have been urged, in any of their Authors, I will first present those Four, which are always produced with much confidence and triumph: Albericus in Dictionar. ver. Electro. Though one Catholic Author, which might be alive at the making of the Clementines (for he lived and flourished about 1350, and Clement the fifth died not much before 1320.) have drawn these four Canons into just suspicion: for thus he says of them, The Pastors of the Church putting their Hook into another man's Harvest, have made four Decretals, which, God knows, whether they be just or no: But I do not believe (yet I recall it if it be erroneous) that any of them is agreeable to Law, but I rather believe that they were put forth against the liberty of the empire. 3 The fi●st is a letter of Innocent the third, who was Pope about 1199. to the Duke of Caringia the occasion of which Letter, De Electio & Elect. potest. Venera●●lem. was this; Henry the son of Frederic the first, of the house of Suevia, succeeding his Father in the Empire, had obtained of the Princes of Germany, to whom the Election belonged, to choose as Successor to him, his son Henry: but he being too young to governed when his father died, they took thereby occasion, though against their Oath, to leave him; being also desirous ●o change the stock, and choose an Emperor of some other race; By this means was Duke Ber●holdus, by some of the Prince's elected; but resigned again to Philip brother to the dead Emperor, in whom the greatest number consented. But some of the other Princes had called home out of England, Otho of the house of Saxony, and elected him. Here upon arose such a schism, as rend that country into very many parts: And then Innocent the third, an active and busy Pope (for it was he which so much infested our King john) sent his Legate into those parts, upon pretence of composing those differences. And being in displeasure with the house of Suevia for the Kingdom of Sicily, which was in their possession, but pretended to by the Church, his Legate disallowed the election of Philip, and confirmed Otho. But some of the Princes ill satisfied with the Legates proceeding herein, complained thereof to the Pope; in answer whereof the Pope writes to one of them, this Letter. In which, handling his Right of confirming the elected Emperor, though he speak divers things derogatory to the dignity of Princes, discoursively, and occasionally, yet is not this letter such a Decree, as being pronounced Cathedrally in a matter of faith, after due consultation, should bind posterity, but only a direction to that person, how he ought to behave himself in that business. 4 The Letter may be thus abridged; We acknowledge the right of the Election to be in the Princes, especially because they have it from the Apostolic Sea, which transferred the Empire unto them: But, because we must consecrate the Person elected, we must also examine his fitness. Our Legate therefore did no Act concerning the Election, but the person elected. We therefore repute OTHO Emperor; For, if the Electors would never agree, should the Apostolic Sea always be without a defender? We have therefore thought it fit, to war●e the Princes, to adhere to him. For there are notorious impediments against the other: as public Excommunication, persecuting the Church, and manifest perjury. Therefore we command you to depart from him, notwithstanding any Oath made to him, as Emperor. 5 And is there any matter of Faith in this Decretal? Or any part thereof? Is it not all grounded upon matter of fact, which is, the Translation o● the Empire which is yet under disputation● Do not many Catholic writers deny the very act of Transferring by the Pope; And say, That the people being now abandoned and forsaken by the Eastern Emperors, had by the law of Nature and Nations, a power in themselves to choose a King? And do not those which are more liberal in confessing the Translation, deny that the Pope's Consecration, or Coronation, or Unction in●uses any power into the Emperor, or works any farther, than w●en a Bishop doth the same ceremonies to a King? Is it not justly said, that i● the Emperor must stay for his Authority, till the Pope do these acts, he is in worse condi●ion, by this increase of his Dominions then he was before. For, before he was Emperor, and had a little of Italy added to him, there was no doubt but that he had full jurisdiction, in his own Dominions before these Ceremonies, and now he must stay for them. 6 And may not the Pope's question in this le●ter, be well retorted thus, If the Pope will not crown the Emperor at all, shall the Empire ever lack a head? For the Pope may well be presumed to be slack in that office, because he pretends to be Emperor during the vacancy. But besides that an over earnest maintaining of this that the Emperor had no jurisdiction in Italy, before these Ceremonies, would diminish and mutilate the patrimony of the Church, of which a great part was conferred and given by Pipin, be●ore any of these ceremonies were given b● the pope, De jure iurendo. the glosser upon the Clementines, is liquid & round in this point, when he says, That these ceremonies, and the taking of an Oath, are nothing; and that now, Resipiscente mundo, the world being grown wiser, there must be no longer striving for both swords. 7 For those notorious impediments, which the Pope objects in this letter, against Philip, if they were such as made him incapable of Election, than there was a Nullity in the choice, and the Pope did nothing but declare that; which may of●en fall out in states, which elect their Princes, because there are many limitations, but in Successory princes, it cannot hold: but if these were not such impediments, by the laws which governed the Electors, they became not such, by this Declaration. For one of them, which is manifest perjury, the pope himself was some cause of his continuing therein. For the oath was made to his brother, in the behalf of his young Nephew, who should have been Emperor. And now the Pope had not only disabled him, but all the other Princes, from keeping that oath, by electing or confirming another Emperor. 8 But if all which the Pope says in that letter, shall not only be strong enough to bind the Election, but to bind the consciences of posterity, as matter of faith, his last reason against Philip's election, must have equal strength with the rest, which would be of dangerous consequence; for it is, That if after his Father had been Emperor, and his Brother, he also should succeed, the Empire would pass from Election to succession, and none should be assumed but of one house; Either than it is matter of faith, that three of one family may not succeed in an Elective state, or, as this is, so all the rest are but arguments of inconveniency & unfitness. 9 And this absolving this Duke, to whom he writes, of his Oath, is but of an Oath made Ratione Regni, to him who never had the Kingdom: and therefore that power of absolving, cannot by this Decretal be extended to such Oaths, which are acknowledged to have been just, when they were made, as being made to lawful and indubitable Princes. And certainly (for though you dare not hear, yet we dare speak truth,) the whole purpose in that act, of the Pope, was corrupt, and far from intention of making peace. Of whose profit by reason of that dissension one of your own abbots, Vspergens. so● 1198. says, That there was scarce any Bishopric, or Parish Church, which was not litigious, and the Suit brought to Rome, Sed non vacua Manu, And so he proceeds, Gaude, Mater nostra Roma, because all flows to thee, aperiuntur Cataractae the saurorum. Rejoice for the iniquity of the Sons of men; jocundare de Adiutrice tua Discordia. Thou hast now that which thou didst always thirst. Sing thy song, because thou hast overcome the world, not by thy Religion, but the wickedness of men, for men are not drawn to thee by their own Devotion, or by a pure Conscience, but by the doing of manifold wickednesses, and by buying the Decision of their Suits and Causes. 10 The second Canon usually produced, De Sent. et re iudic. in 6. Ad Apostolicae. and noted by Albericus (as I said) to be against justice, issued upon this occasion. When Otho whom the former Pope had established against Philip, became unthankful to the Pope, he also was excommunicate: and Frederick, the Son of the first Frederick, to whom the Princes had sworn in his Cradle, was elected and crowned; with whom also, b●c●use he would not go into the holy land, and expose the Kingdom of Sicily to their Ambition, the Popes fell out, and excommunicated him thrice. And when a general Council was gathered by Innocent the fourth, for the relief of the holy land, the Pope himself proposed Articles against the Emperor. Whose Advocate Thaddaeus promised all, which might conduce to peace and Reformation on his masters behalf. This satisfied not the Pope, but he asked for Sureties: and when the Kings of England and France, were offered, the pope refused them, upon pretence, that if the Emperor should remain incorrigible, the Church should by this means raise more heavy enemies to itself. Then Thaddaeus proceeded to excuse his Master, in all the particular objections, and desired that he m●ght be personally heard, but to that the pope replied, If he come I will depart, for I do not yet find myself fit and ready for martyrdom. Binius To. 3. par. 2. fo. 1482. Yet the English which were there, extorted a fortnight's leisure for the emperors coming: but he not daring or disdaining to come, the pope proceeded to this sentence of Deprivation; which, says the Relater thereof, He thundered out terribly, not without the amazement and horror of all the hearers and bystanders. And Thaddaeus protested upon it, This day is a day of wrath, and of calamity and misery. 11 So this Bull proceeded from a distempered Pope, and at a time when he was not assisted with the Holy Ghost, for he was not in a readiness to suffer martyrdom for him. And where the Inscription says, it was Presenti Concilio; the Margin notes, that it is not said approbant Concilio, though it assign this for the reason, lest the Pope should seem to need the Council. 12 So that, though it reach full as far as Pius the fifth his Bull against our late Queen (for it deprives, it absolves Subjects, and it excommunicates all adherents) yet it hath nothing by which it should be called a Canon, or law to direct and govern posterity; for there might be as much infirmity in this act of Depriving, as in the former of Excommunicating; yea it was subject to much more error than that act of spiritual jurisdiction, which hath been less questioned: yet in the preamble of this sentence, the pope says of those former sentences, If the Church have injured him in any thing, she is ready to correct herself, to revoke, and to make satisfaction. So that it may be, the pope erred in both these acts. 13 Nor do those words which are in the Inscription, Ad perpetuam rei Memoriam, give it the strength of a precedent, and obligatory Canon, but rather declare out of what shop it came, since that is the ordinary style of the Roman Court, and not of the Canons of Counsels. Nor can it ever be deduced by any consequence, out of this Sentence, That the Pope hath the same power over other Sovereign Princes, as he exercised there against the Emperor; because he proceeded against him (though viciously and injuriously, and tyrannically) by colour of a Superiority claimed by him, and then not denied by the Emperor, but testified by divers Oaths of Fidelity to him, which cannot be extended against those princes, which admit no dependency upon him, by any reason contained in this Sentence. 14 By the third of these four principal Rescripts, Clement the fifth annuls a judgement made by the Emperor Henry the seventh, Clement. de Sentent. & re iudic. pastoralis. Anno 1306. against Robert king of Sicily, whom as a subject of the Empire, the Emperor had declared a Rebel, and deprived him of his Kingdom and absolved his subjects of their obedience. And the reasons why the Pope interposes himself herein, are not grounded upon his power, as he is Pope, or as he is spiritual Prince, but merely as he is a temporal Prince. For first he says, The King of Sicily held that Kingdom of the Church; and the Pope, who was thereby his ordinary judge, aught to have been called to the judgement; And that the Emperor could not take knowledge of faults committed at Rome, as those, with which that King was charged, were laid to be: Nor his jurisdiction and power of citation extend into the territory of the Church where that King was then residing: nor he be bound upon any Citation, to come to a place of so certain danger. 15 It is not therefore for this part of the Decretal, that either they allege it so frequently, or that Albericus laid that mark upon it, that it betrayed the authority of the Emperors; for in this particular case, I should not be difficult to confess, some degrees of justice, in providing that the Sentence of the Emperor should not prevail, where naturally and justly it could not work; especially the pope proceeding so mannerly, as to revoke it after the Emperor's death; and as the Gloss says, Ad tollendum murmur Populi, who grudged that the Emperor should dispose of them, who were the subjects of the Church. 16 But the danger is in the last clause, which is, We out of the Superiority, which without doubt we have over the Empire, and out of that power, by which we succeed therein, in a vacancy, and by that power which Christ gave us in Peter, declare that judgement to be void, and revoke all which hath been done thereupon. For the first part of which Clause, touching his Superiority over the Emperor, if he had any (which, as many good authors deny, as affirm it●) he had it by contract between the Emperor and the Church; and he neither can, nor doth claim that, at least not all that which he pretended in the Empire, in other prince's dominions; for where doth he pretend to succeed ●n a Vacancy, but in the Empire? And if he had that right, jure Divino, it woul● stretch to all other places: And ●f it be by Con●ract, that cannot be but conditional and variable in itself, and not to be drawn into example to the prejudice of any other prince. And ●or his last title, which is the power derived by S. Peter to him, because in this place he extends it no further but to a defence of S. Peter's patrimony, and only by declaring a Sentence to be void, which otherwise might scandalise some of his subjects, we have no reason to exagitate it in this pl●ce, nor have you any reason to assure your consciences, by the instruction or light of this Canon, that that power extends to any ●uch case, as should make you, in these substantial circumstances, of great de●riment refuse this Oath. Clement. de jure iurando unica. 17 The four●h Canon, which is, the Clementine of the divers Oaths sworn by the Emperors to the Popes, though it be ever cited, and be by Albericus justly accused of injustice: yet it can by no extension work upon your conscience. For the purpose thereof is but this; That differences continuing between the Emperor and the King of Sicily, and ●he Pope writing to reconcile them, he useth this as one induction, That they had both sworn Fidelity and Allegiance to him. The Emperor answered, That he understood not that Oath, which he had taken, to be an Oath of Allegiance: And therefore the Pope, after the Emperors' death, in this Decretal pronounces, That they are Oaths of fidelities and Allegiance, and that whosoever shall be created Emperor, shall take those Oaths, as such. But, to leave it to the Lawyers, (whose tongues, and pens are not silenced by this Decretal,) to argue whether they be oaths of Allegiance, or no, and imposed by the pope essentially, so as the Emperor had no jurisdiction without them (the first being a Constitution of the Emperor Otho, and not of the pope, Dist. 63. Tibi Domino. (if it be rightly cited by Gratian) The second but an oath of Protection of the Church, and the pope, And the third, only o● a pure and entire observing of the Catholic faith) who can press an argument out o● this Canon, though it we●e wholly confessed and accepted as it lies, that the pope may depose a king of England? De Pontif. l. 5. C. 8. §. septimum. For Bellarmine informs your consciences ●ee●er then any of those Con●ellors, who avert you from the oath, by this, and such Canons● That the Empire not depending absolutely upon the Pope, but since Charlemains time, this Oath of Allegiance is taken of the Emperor, because the Pope translated the Empire upon him. And whether ●his be true or false, in the la●ter part of translation, yet his reason and argument discharges all other supreme princes, over whom the pope hath no such pretence. 18 Having passed through these four, we will consider those Canons, which are in Gratian, to this purpose. The first whereof may justly be the Donation of Constantine. Dist. 96. Constantinus. Which though it be not Gratians, but inserted, by the name of Palea (of whom, whether he were a man of that name, a Scho●ler of Gratian, or whether he called his Ad●dition to Gratian, Paleas in humility, the Canonists are like to wrangle, as long as any body will read them) yet it is in the body and credit of Canon law. 19 Towards the credit of this Donation, there lacks but thus much, to make it possible, That the Emperor had not power, to give away ha●●e his Empire, and that that Bishop had not capacity to receive it, And but thus much of making it likely, That the Church had no possession thereof, but that it remained still with the Successors of the Emperors: for if it had these degrees of possibility or credibility, & did not speak in barbarous language discording from that time, nor in false Latin unworthy of an emperors Secretary, nor gave the pope leave to confer orders upon whom he would, nor spoke of the Patriarchate of Constantinople, before it had either that Dignity, or that Name, I should be content, as I would in other fables, to study what the Allegory thereof should be. But since the Pope can live without it, And Az●rius tells us, To. 2. l. 4. C. 19 e● 20. that though the Donation be fal●e, yet the Pope hath other just titles to his estates, (though, by his leave, he hath no such title, as will authorize him to depose Princes, as Sovereign Lord over all the Western Kings, as they pretend by this, if it were justifiable) I will leave it as they do, as a thing too suspicious and doubtful, to possess any room, but that which it doth in Gratian. Only, this I will add, that if the power of the Emperor were in the Pope, by virtue of this Donation, yet we might safely take this Oath, because this Kingdom hath no dependence upon the Empire. 20 The next that I find alleged, (to keep this Order, Dist. 9 Quae contrae. as they lie in Gratian) is a sentence taken out of S. Augustine, by which you may see how infinite a power, they place in the Pope: His words are: If the King must be obeyed, though he command contra Societatem, yea, it is contra Societatem, if he be not obeyed, because there is a general contract in human Societies, that Kings must be obeyed; how much more must we obey God, the Governor of all Creatures? And do they which allege for the Pope's Supremacy over Princes, intent the Pope to be Governor of all Creatures? Doth he govern Sea, and Elements? or do they think that the will and commandments of God are derived to us only by the way of the Pope? or why should not we thank them, for producing this Canon, since it is direct, and very strong for Kings, and for the Popes, it is but common with all other Magistrates, who must be obeyed, when God speaks in them, or when they sp●ake not against God? Dist. 10. lege. 21 In the tenth Distinction, one Pope by the testimony of two other pope's, says, That the Ecclesiastic Constitutions must be preferred before the emperors laws: And the cases mentioned there, are the constituting of a Metropolitan, & the dissolving of a Marriage, upon entering into Religion; to which, I say, that these cases, by consent of the Emperors, were under their jurisdiction. And if you gather a general rule by this, of the force of Canons above Civil laws, you proceed indirectly accepting the same persons, for Parties, judges, and Witnesses: and besides it is not safe arguing from the Emperor to another absolute Prince, nor from the authority, which Canons have in his Dominions, to what they should have in all. 22 In the 21. Distinction, A Pope writing to a Bishop of Milan, Dist. 21. Omnes. tells him, That the dignities and pre-eminences of Churches, must be as the Bishop of Rome shall ordain, because Christ committed to Peter, which hath the keys of eternal life, jura terreni simul & Caelestis imperij But if he mean by his Terrenum Imperium, the disposing of the dignities and pre-eminencies of Churches one above another in this world: Or if he mean by it, That he hath this Terrenum Imperium, as he hath the keys of heaven, that is to bind and lose sins by spiritual censures and Indulgences of absolution, in which capaci●y he may have authority over the highest secular Princes; for any thing contained in this Oath, this Canon will do us no harm. But if he mean that Christ gave him both these authorities together, and that thereby he hath them as Ordinary judge, than Bellarmine and all which follow the Divines opinion of indirect power, will forsake him; and so may you by their example. 73 After, Dist. 96. Du● sunt. another Pope, Gelasius writes to Anastasius the Emperor, comparing Secular and Ecclesiastic dignity. And he sa●es, You know that you depend upon their judgement: but this is, says the Gloss, in spiritual matters. And because this Canon comes no nearer our question, then to justify in the Pope a power of excommunicating Princes, (for it assumes no more ●hen Ambrose exercised upon Theodosius) I will stand no longer upon it. 24 And these be the Canons, which out of the Distinctions, I have observed to be scattered amongst their Authors, when they teach this doctrine: for any that prefers Priesthood before Principality, seems to them ●o conduce to that point. Now I will follow Gratian in his other parts where the first is, 2. ●. 7. Nos si. the Canon Nos si incompetenter, which is ve●y of●en vr●ed, but it is so far from including this power of Deposing, that it excludes it; ●or, allowing the Priest powe● to Reprehend, and remembering former examples of Excommunication, he adds, Nathan in reproving the King, executed that office, in which he was Superior to him, but he usurped not the King's office, in which he was inferior; nor gave judgement of death upon him as Adulterer, or murderer. 9 q. 7. Episcopo. 25 In the seventh Question of the ninth Cause, from the Canon Episcopo, to the end of that Question, there are many sayings, which advance the digni●y of the Roman Seat, and forbid all men to hinder Appeals thither, or to judge of the pope's Decrees: But all these were in spiritual causes, and directed to spiritual persons, and under spiritual punishments. Only, in the Canon Fratres the king of Spain seems to be threatened, but it is with Excommunication only. And all these Canons together, are delivered by one Pope of another, In whom, sa●es the Gloss, It is a familiar kind of proof, for one one Pope to produce another for witness, as God did prove the sins of Sodom, Ca patet. ver. Innocentius. by Angels. And as there is much injustice in this manner of the Pope's proceeding, so is there some tincture of blasphemy, in the manner of justifying it, by this Comparison. 26 The Canon Alius, which drops out of every pen, 15. q. 6. Alius. which hath written of this Subject, is the first wherein I marked any Pope to speak of Deposing; In this, Gelasius writes to Anastasius; a Pope to an Emperor, that Pope Zachary his predecessor, had deposed the King of France, because he was unfit for so great a power. But the Glosser doth the Pope good service, and keeps him within such a convenient sense, as may make him say true; For, says ●e, He deposed, that is, He gave consent to them which did depose, which were the States of that Kingdom; which he says, out of the Evidence of the history; for he is so far f●om coarcting the Pope's power, that we may easily deprehend in the Gloss, more ●raud and iniquity, than arrogance and tyranny in the Pope. For, says he, the unfitness of the French King, was licentiousness, not infufficiency to govern, for then the Pope ought to have given him an assistant. 7. q. 1. quamuis. petijsti. To prove w●ich, he cities two other Canons; In which places it appears, That to bishops unable by reason o● age, to discharge their functions, the Pope assigns Coadiutores, and by this the Glosser might evict, that he hath the same Ordinary authority to dispose of Kingdoms, as of bishoprics. This Canon therefore doth only unfaithfully relate the act of another Pope, and not determine nor decree any thing, nor bind the conscience. 27 In the same Question, there is a Canon or two, in which our case is thus far concerned; 15. q 6. Authoritat●m etc. that they handle the Pope's authority in Absolving and Dispensing from Oaths: And the first is cited often and with great courage; because besides the word Ab omnibus juramentis, & cuiuscunquemodi obligationibus absoluimus, there follows, parsue them with the spiritual and material sword. But when we consider the case and the History, this power will not extend to our cause. For the Pope thereby doth give liberty to some Bishops, to recover by just violence, such parts of the Church Patrimony, as were taken away from them, and doth dispense with such oaths as they had been forced to take, by those which injuriously infested the Church. Yet I deny not but that the glosser upon this Canon is liberal enough to the Pope, for he says, he hath power to dispense against the law of Nature, & against the Apostle. Ibid. 28 After this, follows that solemn and famous Canon of Gregory the seventh, Nos sanctorum. Of whom, since he had made a new rent in the body of the Church, (as Authors of his own Religion (if he had any) profess,) it is no marvel that he patched it, with a new rag in the body of the Canon law. Thus therefore he says, Insisting upon the statutes of our predecessors, by our Apostolic authority, we absolve from their Oath of Allegiance, all which are bound to persons excommunicate; And we utterly forbid them, to bear any Allegiance to such, till they come to satisfaction. But to whom shall these men be subject in the mean time? To such a one as will be content to resign, when so ever the other will ask forgiveness? Ambition is not an ague; it hath no fits, nor accesses, and remitting; nor can any power extin●guish it upon a sudden warning. And if the purpose of Popes in these deposings, were but to punish with temporary punishment, why are the Kingdoms, which have been transferred by that colour, from Heretical Princes, still withheld from their Catholic Heirs? 29 But who these predecessors, of whom the Pope speaks in this letter, were, I could never find. And it appears by this, that this was an Innovation, and that he used Excommunication to serve his own ends, because in another Canon he says, 11. q. 3. Quoniam. That many perished by reason of Excommunications; and that therefore he being now overcome with compassion, did temper that sentence for a time, and withdraw from that band, all such as communicated with the excommunicate person, except those by whose Counsel, the fault was perpetrated, which induced the Excommunication. And this, says the gloss, he did, Ver. Quoniam. because he saw them contemn excommunication, and never seek Absolution; for all those whom he exempts by this Canon, were exempt before his time by the law itself. So that where he says Temperamus, Ver. Temperamus. it is but Temperatum esse ostendimus; and he did but make them afraid, who were in no danger, and make them beholden to him, whom the law itself delivered. And of this Canon in special words a D'Auila Par. 2. Ca 6. Disp. 11. Dub. 90 one of their great men says, That it binds not, where it may not be done, without great damage of the subject. 15. q. 6. juratis. 30 Of his Successor, almost immediate, (for Victor the third lasted but a little) I find another Canon, almost to the same purpose; for he writes to a Bishop, to forbid the Soldiers of an Earl, who was excommunicate, to serve him, though they were sworn to him. For, saye● he● They are not tied by any authority to keep that allegiance, which they have sworn to a Christian Prince, which resists God and his Saints, and treads their precepts under his feet. But in this man, as Gregory's spirit wrought in him, Binius. To. 3. ●ar 2. fo. 1293. whilst he lived, for he was his Messenger to publish the Excommunication against the Emperor in Germany, so Gregory's ghost speaks now; for all this was done to revenge Gregory's quarrel; though in his own particular he had some interest, and reason of bitterness, for he had been taken and ill used by Henry in Germany. q. 1. G●n●rali. 31 In the 25 Cause there is a Canon which tastes of much boldness; What King so ever, or Bishop, or great person, shall suffer the Decrees of Popes to be violated, Execrandum Anathema sit. But these (for in this Cause there are divers Canons, for the observing of the Canons) are for the most part such imprecations, as I noted before, Gregory the first ●o have made for preservation of the privileges of Medardus Monastery, and some other of the same name (of which kind also Villagut, De re●us Eccle●. 〈…〉 2. l. 3. C. 5. N. 17. hath gathered some other examples;) And at farthest, they extend but ●o excommunication; and are pronounced by the Popes themselves, and are intended of such Canons, as are of matters of faith, that is, such as even the Popes themselves are bound to observe; as appears here, by Leo●he ●he fourth's Canon, Ideo permittente. And here I will receive you from Gratian, and lead you into the Decretals, whom they justly esteem a little better company. 32 To prove the Pope's general right, Qui filii sunt legit. Causam quae. C. 4. etc. 7. & De office Deleg. ca 17. to interpose in all causes (which seems to conduce to the Question in hand) they cite often this case falling out in England; which is, upon several occasions three or four times intimated in the Decretals. It was thus: Alexander the third, writes to certain Bishops in England, to judge, as his Delegates, in a Matrimonial cause. And because the person whose legitimation was thereby in question, was an ●eire, and the Mother dead, and the Pope thought it not fit, that after her death, her marriage should be so narrowly looked into, since it was not in her life, therefore he appoints, That possession of the land should be given first, and then the principal point of the marriage proceeded in. And by this they evict for him a title in temporal matters Accessorily, and Consequently. But if they consider the times, they may justly suspect unjust proceeding; For it was when Alexander the third did so much infest our King Henry the second. And it seems he did but try by this, how much the King would endure at his hands; for when he understood that the king took it ill, then came another Letter, related also in the Canons, wherein he confesseth, that that matter appertains to the King, and not to the Church, And therefore commands them to proceed in the matter of the marriage, without dealing with the possession of the land. Tit. ●od. per v●nerabilem. 33 Another Canon, not much urged by the defenders of direct Authority, but by the other faction, is a Letter of Innocent the third. In which Letter, I believe the Pope meant to lay down, purposely and determinately, how far his power in Temporal matters extended. For it is not likely, that upon a Petition of a private Gentleman, for Legitimation of his Children, who doubted not of his power to do it, the Pope would descend to a long discourse and proof out of both testaments, and reasons of conveniency, that he might do it, and then in the end, tell him, he would not, except he meant, that this Letter should remain as evidence to posterity, what the Pope's power in Temporal causes was. Let us see therefore what that is which he claims. 34 A Subject of the King of France, who had put away his Wife, desires the Pope to legitimate certain Children which he had by a second wife. And, it seems, he was encouraged thereunto, because the Pope had done that favour to the King of France before: The Pope answers thus, By this, it seems, that I may grant your request, because I may certainly Legitimate to all spiritual capacities, and therefore it is Verisimilius, & probabilius, that I may do it in Temporal. And, says he, It seems that this may be proved by a similitude, because he which is assumed to be a Bishop, is exempted thereby from his father's jurisdiction; and a slave delivered from bondage, by being made a Priest: And, he adds, In the patrimony I may freely do it, where I am supreme Prince: But your case, is not the same as the Kings was, not o●ly for spiritual considerations, which are, That he was lawfully separated, and pretended nearness of blood, and was not forbid to marry again, and your proceeding hath been without colour, and in contempt of the Church. But the King, who had no Superior in Temporal matters, might without doing wrong to any other, submit himself to our jurisdiction; But you are known to be subject to another. Thus far he proceeded, waveringly, and comparatively, and with conditions and limitations. 35 And lest this should not stretch far enough, he adds; Out of the Patrimony in certain causes, we do exercise Temporal jurisdiction casually, Ver. Certis. which the Gloss interprets thus, requested● And the Pope hath said before, That he which makes this request, must be one that hath no Superior: And in this place he says, That this may not be done, to prejudice another's right. But after this, upon a false foundation, that is, an error in their Translation (where in Deuteronomie, 1●. 12. Death being threatened to the transgressor of the sentence, Of the Priest and judge, they have left out the judge) he makes that state of the jews, so falsely understood, to be a Type o● Rome, and so Rome at this time to be judge of all difficulties, because it is the seat of the high Priest. But he must be thought more constant, then to depart from his first ground and therefore must mean, When superior Princes, which have no other judges, are in such doubts, as none else can determine, Recurrendum est, ad sed●m Apostolicam; that is, they ought to do it, rather than to go to the only ordinary Arbitrator between Sovereign Princes, the sword. 36 And when such Princes do submit their causes to him, in such cases he de●lares himself by this Canon, to be a competent judge, though the matter be a civil business, and he an Ecclesiastical person: and though he seem to go somewhat farther, and stre●ch that typical place in Deuteron. to ●gree with Rome so far, that as there, so here, he which disobeys, must die, yet he explaineth this death thus, L●t him as a dead man, be separated from the Communion, by Excommunication. So that this Canon purposely enacted to declare temporal authority, by a Pope, whom none exceeded in a stuff and earnest promo●ing the dignity of that Sea, proceeds only by probabilities, and verisimilitudes, and equivalencies, and ends at last with Excommunication; and therefore can imprint in you no reason to refuse this Oath. For out of this Canon, doth Victoria frame a strong argument, That this most learned Pope doth openly confess, by this Canon, that he hath no power over the King of France in Temporal matters. 37 Another Canon of the same Pope is often cited, De judicijs novit by which, when the King of England complained, that the King of France had broken the Peace, which was confirmed by Oath, the Pope writes to the Bishops of France, That though he intend not to judge of that Title, in question, which appertains not to him, yet the perjury belongs to his cognisance: and so, he may reprove, and in cases of Contumacy, constrain, Per districtionem Ecclesiasticam, without exception of the persons of Kings: And therefore, says he, If the King refuse to perform the Articles, and to suffer my Delegates to hear the cause, I have appointed my Legate, to proceed as I have directed him. What his Instructions were, I know not by this; but beyond Excommunication, you see by the Text, he pretends not: Whatsoever they were, this is certain, That the Princes of those times, to advantage themselves against their enemies, with the Pope's help, did often admit him, to do some acts against other Princes, which after, when the Pope became their enemy, themselves felt with much bitterness. But in this Canon, he disclaims any jurisdiction to judge of Titles; which those Popes took to themselves, who Excommunicated our late Queen (if Parsons say true, That they had respect to the injustice of her Title, by reason of a Statute) and all those Popes must do, which shall do any act, which might make this Oath unlawful to you. No●erit. Gra●em 38 In the title De Sent. Excom. there are two Canons, which concerns only Excommunication of Heretics, and in●ringers o● Ecclesiastic Immunity, and are directed but to one particular place. Which, though they can impose nothing upon your conscience against this Oath, may yet teach you not to grudge, that a State which provides for her security by Laws and Oaths, express it in such words, as may certainly reach to the principal purpose thereof, and admit no evasions. For so these Canons do, when they Excommunicate, All of all Sex,, of any Name, Favourers, Receivers, Defenders, Lawmakers, Writers, Governors, Consuls, Rulers, councillors, judges, and Registers of any statutes, made in that place against Church liberties. De prescriptionibus. 39 That the Canons have power to abrogate Civil laws of Princes, they use to cite the Canon Quoniam omne, made by Innocent the third, who hath made more Canons then half of the Popes before him. And if this do not batter down, yet it undermines all secular power. For they may easily pretend, that any Law, may in some case occasion sin. This Canon hath also more than Ordinary authority, because it is made in a general Council: thus it ●aies, Absque bona fide, nulla valeat praescriptio, De Pont. l. 5. c. 6. § Itaque. Ex Cod. De prescriptionibus. tam Canonica, quam civilis: And this, says Bellarmine, doth abrogate an Imperial law, by which prescription would serve, so that it began Bona fide, though at some time after, he which was in possession, came to know, that his title was ill; but the Canon l●w requires that he esteem in h●s conscience, his title to be good, all the time, by which he prescribes. But by this Canon, that particular Imperial law is no more abrogated, than such other laws as cannot be observed without danger of sin, which includes not only some Civil Constitutions, but also some other Canons; For your Glosser says, Ver. Nota quod That the Canon derogates from all Constitutions, Civil and Ecclesiastic, which cannot be observed without deadly sin: that is, it makes them guilty in foro interiori. ver. Tam Canonica. He adds, That he doth not believe, that the Pope did purpose by this Canon, to prejudice the civil laws, nor that the words are intended of civil and secular law, but that by those words, Tam civilis, quam Canonica, the Pope means, that a prescriber Malae fidei, is guilty in conscience, whether it be of a matter Secular or Ecclesiastic. For (says be) though some say, the Pope meant to correct the law herein, yet this correction is not observed in judicio Seculari. And therefore (says he) I do not believe, that the Pope himself is bound to judge according to this Canon, where he hath temporal jurisdiction, because he hath that jurisdiction from the Emperor: therefore the Imperial law stands still, and is not abrogated by this Canon, though of a general Council. Cap licet● 40 This Pope also by a Canon in the title de Voto, hath gone the farthest of any, which have fallen within my observation: for a King of Hungary, which had made a vow to undertake a war for Jerusalem, prevented by death, imposed the execution thereof upon his younger son, who binding himself to perform it, with the army which he levied for that purpose, in pretence, troubled his brother in his Kingdom: To him therefore Innocentius writes, That except he do forthwith perform the vow, he shall be excommunicate and deprived of all right to that Kingdom; and that the kingdom, if his elder brother die without issue, shall deuolue to his younger brother. But all these threatenings, except that one of Excommunication, were not thundered by the Pope, as though he could inflict them, out of his authority, but he remembers this ill-advised Prince, that except he perform the will of his father, he loses his inheritance by the law: Verb. priuand●●. Which the Gloss in this place, endeavours to prove, and to that purpose cities, and disputes some of the laws in that point. De Ma●●r. & Obedient. 41 The Canon Solitae, though it be every where alleged, and therefore it importunes me to mention it, reaches not to our question, for it is only a Reprehension made by a Pope, to a Greek Emperor, because he did not afford his Patriarch of Constantinople dignity enough in his place. And he tells him, that he mistakes S. Peter's meaning, in his Epistle, where he teaches obedience to Emperors; For, says he, he writ but to those which were under him, and not to all; 1. Tet. 2.13. and he did provoke them to a meritorious humility, not inform them of a necessary Duty; For, says he, if that place shall be understood of Priests, and literally, than Priests must be subject to Slaves, because it is Omni Creaturae, neither (says he) is it said, To the King, absolutely Precellenti, but tanquam precellenti, which was not added without cause. For (says the Gloss) this word, Tanquam, is Similitudinarium, Ver. Tanquam non expressiwm veritatis; So that S. Peter doth not call the king Superior in truth, but as it were Superior; as I noted the Cardinals to subscribe Letters to persons of lower rank, Vester uti frater. And that which follows, of the punishment of evil doers, and praise of God, is not (says he) that the King hath power of the sword over good and evil, but only over them, which because they use the sword, are under his jurisdiction. Then proceeds he to magnify Priesthood, because jeremy, to whom Commission was given over Nations, was descended of Priests: and because the Sun which designs Priesthood, is so much bigger than the Moon: with so many more impertinencies, and barbarisms, and inconsequences, that I wonder why he, who summed it, should so specially say of this Canon, that it is Multum Al●egabile. 42 In the Canon Gravem, Honorius the third writes to certain Prelates, whose Church had received much detriment by a Nobleman, That since he hath continued contemptuously under Excommunication two years, if upon this last monition he refuse to conform himself, they should discharge those Churches from their obedience to him, and denounce those which ought him allegiance, to be discharged thereof, as long as be remained Excommunicate. But it appears not here, whether he were a Subject of the Roman Church or no; And yet appears plainly that he was no Sovereign, and therefore no precedent in our case, in which there could not easily be restitution given to any, after another were in possession. 43 In the next volume of the law, which they call Sex●us, De Supplend. neglig. praelat. Grandi●n sexto. I have noted in their Authors but one Canon, which comes within any convenient distance of this point, which is a Letter of Innocent the fourth to the Nobility of Portugal, by which, under pain of Excommunication he commands them, to receive the king's brother, as coadjutor to that king, Notwithstanding any Oath of Allegiance, or resistance of the King; So that they preserved the right in the King, and in his children, if he shall ●aue any: Which, being but matter of fact, doth not constitute a rule, nor bind consciences, especially when for the fact itself, the note says in that place, Literâ, b. in Margin. That the Pope ought not to have interposed himself in that business. 44 In the Extrauagants●f ●f Pope john the two and twentieth, Si fratrum. there is one Canon which would take great hold of consciences obliged to that Sea, but that it proceeds from a Pope infamed for heresy, and claims that jurisdiction, which it there inculcates, in the right of being Emperor, at that time, when the throne, by the death of Henry the seventh, was vacant. Thus it sa●es, Since it is clear in law, and constantly observed of old, that in a vacancy of the Empire, because then there can be no recourse to any Secular judge, the jurisdiction, Government, and Disposition of the Empire deuolues to the Pope, who is known to have exercised all these therein by himself, or others: whereas divers continue the offices of the Empire, without our Confirmation, we admonish all under Excommunication, even Kings, to leave off those titles; and if they do not so, within two months (how could he prophesy so long a vacancy?) We will Excommunicate the persons, and interdict the Dominions of them all, Etiam superiores et inferiores Reges, and proceed with them, spiritually and temporally, as we shall farther see to be expedient. And we absolve all men, of all Oaths, by which they were bound to them. But, as I said before, this right of inflicting temporal punishment he claim●s as Emperor; and the spiritual punishments are threatened to no other, nor in any other Capacity, then as they are officers of the Empire, of which then he imagines himself supreme Prince, and so he is enabled to do all those acts, upon any Prince which depends upon the Empire, which he might do Ordinarily in the Patrimony; and all, which the Pope and the Emperor together might do upon any Prince, which usurped the titles and dignities of the Empire, without the emperors approbation. 45 In the Common Extravagants, that which they call unam Sanctam, made by Boniface the eight, Anno 1302. hath the greatest force of all: both because it intends to prove and to Decree a certain proposition, That it is of the necessity of Salvation to be subject to the Pope, and also because it determines it with Essential and formal words, belonging to a Decree, Declaramus, Definimus, Pronunciamus. And though in the body and passage of the Decree, there are sometimes arrogations of Secular jurisdiction, by way of argument, and conveniency, and Probable consequence; yet is there nothing drawn into the definition, and Decree, and thereby obligatorily cast upon our Consciences, but only this, That a Subjection to the Pope is, of the necessity of Salvation. Ver ponatur. For, says the gloss, it was the intention of the Pope in this Decretal, to bring reasons, examples, and authorities, to prove that Conclusion. So that, as if it pleased him to have said so definitively, without arguing the case, the Decretal had been as perfect and binding, as it is after all his reasons, and argumentation: so do not his Reasons bind our reason, or our faith, being no part of the Definition, but leave to us our liberty, for all but the Definition itself. 46 And a Catholic which believes by force of this Decretal, That he cannot be saved except he obey the Pope, is not bound to believe therefore, that these words of S. john, 10.16. There shall be one sheepe-folde, and one shepherd, are meant of a Subjection of all Christian Princes to the Pope, as this Decretal, by way of Argument, says; but he may be bold, for all this, to believe an elder Pope, that this is spoken of joining jews and Gentiles in one faith; Grego Homil. 14. or Theophilact, That this proves one God to be the shepherd of the old and new Testament, against the Manichees. Citat. Ema● Sa. Nor is he bound, because this Decretal says it by the way, to believe that the words in Saint Luke, 22 38. Behold here are two swords, to which Christ did not answer, It is too much, but it is enough, do prove the spiritual and temporal swords to be in the disposition of the Church; but he is at liberty for all this, Sâ. to believe chrysostom, That Christ by mentioning two swords in that place, did not mean, that they should possess swords, (for what good (says he) could two swords do?) but he forewarned them of such persecutions, as in human judgement would need the defence of swords. Or he may believe Ambrose, That these two swords, l. 10. Com. in lacam. are the sword of the word, and the sword of martyrdom: of which there is mention in S. Luke, Luc 2.35. A sword shall pass thorough my soul. So that these swords arm them to seek the truth, and to defend it with their lives: or he may believe S. Basil, who says, That Christ spoke Prophetically, that they would incline to use sword, though indeed they should not do so. Both which expositions of chrysostom and Basil, Ema. S. ●. a jesuit remembers, and adds for his own opinion; That Christ did not confirm two Swords to the Church, by Saying, It is enough, but only, because they could not understand him, he broke off further talk with them, as we use when we are troubled with one, who understands us not, to say, 'tis well, 'tis enough. 47 For Bellarmine is our warrant in this case, who says, De Pont l. 5. c. 5. Secundo. That those words intimate no more, but that the Apostles, when persecution came, would be in as much fear, as they who would sell all to buy swords: and that Pope Boniface did but mystically interpret this place. 48 And as the exposition of other places there cited by Boniface, and his divers reasons scattered in the Decretal, ●al not within the Definition thereof, no● bind our faith; so doth it not, that those words spoken by God to jeremy, I have set thee over the nations, and over the Kingdoms, and to pluck up, and root out, to destroy and to throw down, to build and to plant, are verified of the Ecclesiastic power, though he say it. But any Catholic may boldly believe that they were spoken only to jeremy, who had no further Commission by them, but to denounce, and not to inflict those punishments. For it were hard, if this Pope's Mystical expositions should bind any man (contrary to his oath appointed by the Trent Council) to leave the unanime consent of the Fathers in expounding these Scriptures: and so an obedience to one Pope should make him perjured to another. The last Definition therefore of this Decretal, which was first and principally in the purpose and intention of this Pope, which is, Subjection to him, is ma●ter of faith to all them, in whom the Pope's Decrees beget faith, but temporal jurisdiction is not hereby imposed upon the conscience, as matter of faith. 49 But because this Canon was suspiciously penned, and perchance misinterpretable, and bend against the kingdom of France, between which state and the Pope there was then much contention, so that therefore it kept a jealous watch upon the proceeding of that Church, Clement the fif●, who came to be pope within four years after the making of this Canon, Extra●. Com. de privileg. M●ruit. made another Decree, That by this Definition or Declaration of Boniface, that Kingdom was not prejudiced, nor any more subject to Rome, than it was before the making of that Decree. And though it was not Clement's pleasure to deal clearly, but to leave the Canon of Boniface, as a stumbling block still to others, yet out of the whole History this will result, to us, that if this temporal jurisdiction, which some gather out of this Canon, were in the Pope, jure Divino, he could not exempt the kingdom of France; and if it were not so, no Canons can create it But even this exemption of Clement proves Bonifaces' act to be Introductory, and new, for what benefit hath any man by being exempted from a declaratory law, when for all that exemption, ●ee remains still under the former law, which that declares: So that nothing concerning temporal jurisdiction is defined in that Canon; but it is newly thereby made an Article of faith, that all men must upon pain of damnation be subject to the Church in spiritual causes; from which Article it was necessary to exempt France, because that kingdom was never brought to be of that opinion. Licet ●aelici. Rescriptorum. 50 And in the last Volume of the Canon law, lately set out in the Title, De Rescrip. & Mand. Apost. there is one Canon of Leo the tenth, and another of Clement the seventh, which annul all Statutes and civil constitutions, which stop Appeals to Rome, or hinder the execution of the Pope's bulls; and inflicts Excommunication, and Interdicts the Dominions of any, which shall make or favour such Statutes. But because these Canons do not define this●, as matter of faith, I doubt not but the Catholics of England would be loath to adventure the dangers which our Laws inflict, upon such as seek justice at Rome, which may be had here: And they do, though contrary to these Canons, in continual practice, bring all their causes into the Courts of justice here, which, if the Canons might prevail, belonged to Rome. 51 And these be all the Canons, which I have marked either in mine own reading of them, or from other Authors which write of these questions; to be cited to this purpose. Those which concern Ecclesiastic immunity, or the Pope's spiritual power I omitted purposely● And of this kind which I have dealt withal, I doubt not but some have escaped me. But I may rather be ashamed of having read so much of this learning, than not to have read all. 52 here therefore I will conclude, that though to the whole body of the Canon Law, there belonged as much faith and reverence, as to the Canons of the old Counsels, yet out of them, you can find nothing to assure your consciences, that you may incur these dangers for refusal of the Oath. Nor may the Pope be presumed to imagine, that he shall re-establish himself in any place, which hath escaped, and delivered itself from his usurpations, by any Canon Law, except he be able to use that Droict du Canon, which Montmorencie the French Constable, persuaded his King to use against a Town which held out against him. CHAP. XI. That the two Breves of Paulus the fifth, cannot give this assurance to this Conscience; First, for the general infirmities, to which all Rescripts of Popes are obnoxious: And th●n for certain insufficiencies in these. THough that which hath been said in the former Chapter of the Decretal Letters of Popes, extend also to these Breves, since they are all of the same elements and complexion, and subject to the same diseases and infirmities: Yet because these two Breves, may be said to have been addressed directly and purposely to give satisfaction in this particular business, they may challenged more obedience, and lay a more Obligation than those other Decretals, which issuing upon other occasions, do not otherwise concern the question in hand, then by a certain relation, and consequence, and comparison of the circumstances which produced them, with the circumstances which begot these Breves. 2 It seems that the Pope when he would restrain the subjects of Princes, and keep them short, when he would cut off there natural and profitable liberty of obeying Civil Laws, when he would fetter and manacle them in perplexities, and make them do less than they should, to the loss of life, and liberties, he is content to send his Breves; But when he will swell and blow up Subjects with Rebellion, when he will fill them with opinions, that they may resist the entrances, or interrupt the possessions of Princes, when he will have them do mo●e than they should do, then come forth his Bulls. Anto. August. de Emend. Grat. l. 2 Dial. 2. For they say their Bulls are so called out of the tumour, and swelling of the Seal; Tholoza. Syntag. l. 15. c. 4. n. 10. And the other, because they are dispatched under a less Seal, Sub Annulo piscatoris, are therefore called Breves; For, in temporal businesses of foreign Princes, his Letters are ever defective, or abundant; they command too much, or too little. 3 And as the Popes have ever been abstinent in declaring and expressing in certain and evident terms, how they have this temporal jurisdiction, least having once joined issue upon some one way, all men should bend their proofs against that, and being once defeated, they could be admitted to no other plea, than themselves had chosen to adhere to, and rely upon: So have they abstained as much from giving any binding resolution, in the question, how far the civil laws of Princes do bind the subjects conscience. 〈◊〉 c. 23. N●. 48. For Nauar●us testifies of himself, and of Caietane, and others, that it was much desired of the Council of Trent; that it would have defined something certainly in that point: for the want of this definition brought him to contradict himself, and to hang in a perplexed suspense, and various change of opinions, fifty years; and at last to resolve, That Civil laws do● not bind the consciences, ad Mortal, in some such cases, De vi et Pot. leg. human. as Carninus, his Catholic Adversary, says, It is Haeresi proximum, and Temerarium, and sometimes Haereticum to say so. 4 If therefore we shall follow in this point Carninus his opinion, Ca 8. who delivers as the most common and most probable, yea, necessary Doctrine, That because Civil laws are no more to be called human laws, P●r. 1. C. 1. then Ecclesiastic are, (for so also Navarrus confounds the names) and that in power of binding, C. 3. human laws, that is, Civil, and Ecclesiastic, are equal to Divine law, because in every just law the power of God is infused, And therefore, Divinitas ista (as he calls it) inheres in all laws, & to transgress them is sin, And not only because the Majesty of God, who quickens and inanimates this law, by a power derived upon his Lieutenant, is violated thereby, but even in respect of the matter and Subject, which is in every law, that is, The common good, and tranquillity, and to offend against that, is to offend against rectified Reason, and therefore since, This opinion, I say, being received as true, and so this law which commands this oath, made by a lawful power, and for the public Good, and general tranquillity, being in possession of the subjects Consciences, and binding them under danger of Mortal sin, whatsoever can warrant any man to transgress this law, must have both Authority, and Evidence enough, to assure the Conscience, which till then is bound thereby, that either for some Substantial, or for some formal Defect, this was never any law, or that it is Abrogated, or that the persons of Catholics are exempted from it. 5 And have these Breves of the Popes gone about to give your Consciences, as good reasons against the oath, as you were possessed withal before, for it? Are you as sure that these Breves, or that any Breves can bind your Conscience in this Case, as you were before, that the law could? And are you as sure that there are Breves, as that there is a law? 6 If the statute which enacts a Subsidy, which by the King's acceptation becomes a law, and so binds the Conscience, should so esteem the refusal of the payment of his taxation in any person, to be an argument of disloyalty, as to make it capital to refuse it, would you think that it such a Breve as these are, should tell you, that you might not pay it, with out detriment of Christian faith, you might die as Martyrs for refusal thereof? 7 If such a Breve should forbid you to suffer your children to be wards, to deliver land escheated, or confiscate, to disobey the Kings emprest when he levies an Army, or any such act due by conscience to his laws, should this work so upon you, as to make you incur the penalties of laws, or suspicion of ill affected subjects? Nor can you say, that these are mere temporal matters, and therefore removed from his jurisdiction; for all sin is spiritual, and he is judge what is sin. 8 How weak a ground for martyrdom, and how unsufficient to divest a conscience of an obedience, imposed in general by nature, and fastened with a new knot by an express law, are such sickly and frail Breves, as the smallest and most undiscernible error, even in matter of form doth annihilate? for first, in the Ti●le of Constitutions and Rescripts of Popes (which is always the next Title to that of the Trinity and Catholic Faith, in all the books of the Canon law, except those books which have no Title of the Trinity & Catholic faith) there appears very many Reasons by which a Breve may be of no force. Extra. de Rescript. ex par●●. 9 Alexander the third, w●iting to an Archbishop of Canturbury, gives a rule of large extent; That in these kind of letters (that is, such as proceed upon information, as our case is) this condition; If the request be upon true grounds, is ever understood, though it be not expressed. And writing to the Archbishop of Ravenna, Ibid. Si quando. he says, If at any time we write such things to you, as exasperate your mind, you must not be troubled; but diligently considering the quality of the business, whereof we write, either reverently fulfil our command, or pretend by your Letters a reasonable cause why you cannot: for we will endure patiently, if you forbear to perform that, which was suggested to us by evil information. And so doth that title abound with Interpretations, Limitations, and Revocations of such Breves. 10 And not only Delegate judges, and such persons as ha●e an inward knowledge, of error in the cause which moved the Pope to write, have power to judge these Breves, to be invalid, and of no force, Ibid. ad Audientiam. but every Schoolmaster. For Lucius the third, by a Rescript of his forbids any credit to be given to any Rescript, in which there is false Latin● to which also the Glosser adds, That it vitiates a Breve, if the Pope speak to any one man in the plural number; Ver. Manifestum. or call a Patriarch or a Bishop son. 11 And, as many Omissions, and many Adiections in the body of the Breve, either in matter, or in form do●h annul it, So would it make any considerate conscience to doubt, whether such a Breve can warrant the expense of blood, or incurring other Capital dangers, that observes, how often the Breves which have issued upon best consideration and assistance of Counsel, have been revoked; not upon new emergent matter, but upon better knowledge of the former. Of which it seems to me to be of good use, to present one illustrious and remarkable example. 12 Eugenius the fourth, having first by one Bull dissolved the Council held at Basil, and transfered it to another place, the Council for all that proceeding, the Pope by a second Bull, annuls all which that Council had yet, or should after Decree; and this, by the Council, and Assent of the Cardinals. After this the Council cities him, and all his Cardinals, upon whom it inflicts confiscation, and other penalties, if they forbear to come. And then the Pope by a third Bull annuls that decree of Citation, and excommunicates all persons, even Kings and the Emperor, if they execute upon any, that Decree of the Council. And then he publishes a fourth Bull, by which he answers all objections made against him by the Council, and having so established his own innocence, he annuls all acts made in prejudice thereof, and this also with assent and subscription of the Cardinals. And at last he sends out a fifth Bull, in which he takes knowledge, that his first Bull of dissolving the Council, had occasioned many grievos dissensions, and was like to occasion more, and therefore now, he Decrees and Declares (by the Council and Assent of his Cardinals still) not only that the Council of Basil should from thenceforth be good and lawful, but that it was so, when that Bull came, and that it had been so from the time of the beginning thereof. And so in express words, he annuls his annulling of it: and he revokes two former Bulls, and pronounces them Irritas, Annullatas, Cassatas; by the first whereof he had disabled the Council, and by the second had excommunicated Princes, which should execute that, which he pronounces now to be just: and of the other Bull he says, It proceeded not from him, nor by his knowledge, though it were testified by the Cardinals, and endorsed formally by his Secretary. And even this last Bull of so many Revocations, Annihilations, and Tergiversations was not thought strong, nor out of the danger of being revoked again, till the Council accepted it, and ratified it by applying the BULL and Seal of the Council to it. 13 So is it familiar in the Popes, not for the variety of just occasion, but for personal hate to their predecessors, to annul the acts of one another. So Stephen the sixth or seventh, Caranza. fo. 414. abrogated Omnes ordinationes, of Pope Formosus, and digged him up, and cut of some of his fingers, Binius. To. 3. par. 2. fo. 1047. and cast him into Tiber, and made all to whom he had given Orders, take new Orders again. Carran. Ibid. And next year Pope Romanus abrogated all Stephens Acts; and within seven year after, came Sergius, who refreshed the hate against Formosus, Id. foe 415. and beheaded his body; which I wonder how he found, since Pope Stephen had so long before cast it into Tiber. 14 And in a matter so mainly concerning faith, as amongst them, an Authentic translation of the Bible, is, between the Edition of Sixtus the fifth, and the Edition of Clement the eight, there is so much difference, even in absolute and direct Contradictions, as he which reads the several Breves, by which those two Editions are authorized; both having equal justifications of the present Editions, equal absolutions from oaths for admitting any other, equal imprecations and curses, for omitting these, may well think that that is a weak and litigious title to Martyrdom, which is grounded upon the Pope's Breves, which he himself, when he sends them, knows not whether they be just or no. 15 For, as they have forbidden many lawful things, and offered to destroy the laws themselves, so have they allowed and authorized many things, which our own Reason, and discourse, and Experience, can convince of falsehood. 16 It is the common opinion that Eugenius the third, confirmed Gratian'ss Of whom, we may be bold, out of that learned Bishop which hath made animadversions upon him, ●o say, That he knew neither things nor words, mistook matters and names, erred in places, and times, and had neither seen Fathers, Counsels, nor Rolls. And though this B●shop seem not to believe that Eugenius did confirm him, Dialo. 3. yet he confesses, That he which doth believe such a confirmation, is bound thereby to believe as many errors, as are in Gratian. For, it seems we have no longer liberty to doubt, after such a confirmation: as it will follow evidently out of Bellarmine's fashion of arguing, De purge. l. 1. C. 9 Altera. when he says, We are bound to obey the Pope, when he institutes a festival of a Saint; yet we are never bound to do against our conscience; and therefore we may no longer doubt it; but we must make his Decree our conscience. So that if either Eugenius confirmed it before, or Gregory the thirteenth since, our liberty is precluded, and we must credulously, and faithfully swallow, not only all the unwholesome, and insipid negligences, ignorances, and barbarisms of Gratian, but all the bitter and venomous mixtures to Christ's merit, and all the blasphemies and diminutions of his Maiest●e, which Boniface the ninth, and Martin the fifth, have obtruded to us, by approving and confirming by their Bulls, Histor. de Sacr. Sindone. Par. 1. Epist. ●ector. the Revelations of Saint Brigid; for so says Paleotus they have done. 17 These heavy inconveniencies, and dangerous precipitations into errors, being foreseen by some of the ancient Schoolmen, out of their Christian liberty, and prudent estimation of the Pope's Authority, they have pronounced this infallibility of judgement, to be only then in the Pope, When he doth apply all Moral means to come to the knowledge of the truth; As, hearing both parties, and weighing the pressures and afflictions, which he shall induce upon them whom he inflames against their Prince, and proceeding mildly and dispassionately, and not like an interessed person, and to the edification, not destruction of them, whom only he esteems to be his Catholic Church. 18 And this seems so reasonable, that though the jesuit Tannerus at first cast it away, De libert. Eccles. l. 2. c. 9 as the opinion only, Quorundam ex Antiquioribus Scholasticis, yet afterwards he affords an interpretation to it; but such a one, as I think any Catholic would be loath to venture his martyrdom thereupon, if he were to die for obedience to a Breve. For thus he says, In every matter, when a hypothetical proposition is made, of the condition whereof we are certain, than the whole proposition must not be said to be Hypothetically and Conditionally true, but absolutely. And this he exemplifies by this Proposition: If Christ do come to judgement, there shall be a resurrection, which proposition is absolutely and not conditionally true, because we are certain that Christ will come to judgement: And so he says, That it is the meaning of all them who affirm that the Pope may er●e, except he use ordinary means, only to infer, that he doth ever use those means, without all doubt and question. But with what conscience can this jesuit say, That this was the meaning of these Schoolmen, when in the same place it appears, that the purpose of those Schoolmen, was ●o bring the Pope to a custom of calling Counsels, in determining weighty causes; for when they say, He may err except he use Ordinary means, and they intended general Counsels for this ordinary means, can they be intended in s●yin● so● to mean that the Pope did ever in such cases use General Counsels, when they reprehended his neglecting that ordinary means, and laboured to ●educe him ●o the practice thereof? 19 And though most of these infirmities incident to Breves in general, do so reflect upon these two Breves in question, that any man may apply them, ye it may do some good to come to a nearer exagitation and tri●l● of the necessary obligation which they are imagined to imposed. It is good Doctrine which one of your men teaches; That even in laws, Carninus de vi ●t pot. leg Huma. C. 10. every particular man hath power to interpret the same to his advantage, and to dispense with himself therein, if there occur a sudden case of necessity, and there be no open way and recourse to the Superior. The first part of which Rule would have justified them, who took the oath before the Breves (though they had had some scruples in their conscience) by reason of the great scandal to the cause, and personal detriment, which the refusal was li●ely to draw on. 20 Nor can the Catholics be said, to have had as yet recourse to their Superior, when neither their reasons have been answered or heard, which think the oath naturally and morally lawful, nor theirs who think, that in these times of imminent pressures and afflictions, all inhibitions ought to have been forborn, and that any thing which is not ill in itself, aught to have been permitted for the sweetening and mollifying of the state towards them. 21 Their immediate Superiors here in England have been in different opinions, and therefore a recourse to them cannot determine of the matter: And for recourse to the Pope, the party of Secular Priests have long since complained, that all ways have been precluded against them. And if they had just, or excusable reasons to doubt, that the first Breve issued by Subreption, they had more reasons to suspect as many infirmities in ●he second, because one of the reasons of suspecting the first, being, That their Reasons were not heard, but that the Pope was misinformed, and so misled by hearking to one party only, the second Breve came, before any remedy or redress was given, or any knowledge taken of the complaint against ●he first. 22 Certainly I think that if he had had true information, and a sensible apprehension, that the suffering of his party in this Kingdom, was like to b● so heavy, as the laws threatened, and a pertinacy in this refusal, was likely to extort, he had been a lavish and prodigal steward of their lives, and husbanded their bloods unthriftily, if he had not reserved them to better services hereafter, by forbearing all inhibitions for the present, and confiding and relying upon his power of absolving them again; when any occasion should present itself to his advantage, rather than thus to declare his ambitions, and expose his servants and instruments to such dangers, when by this violence of his, the state shall be awakened to a jealous watchfulness over them. 23 It is not therefore such a disobedience as contracts, crinduces sin (which it must be, i● it be matter enough for martyrdom) not to obey these Breves, though thus iterated; for it is not the adding of mo●e Cyphers after, when there is no figure before, that gives any value, or increase to a number. man.. C. 23. N. 38. Navarrus upon good grounds, gives this as the Resultance of many Canons there by him allege, That it is not sin in a man not to obey his Superior, when he hath probable reasons to think, that his Superior was deceived in so commanding, or that he would not have given such a command, if he had known the truth. And can any Catholic believe so profanely of the Pope, as to think, that if he had seen the effects of the powder treason, every Church filled with devout and thankful commemorations of the escape, every Pulpit justly drawing into suspicion, the Masters which procured it, and the Doctrine wherewith they were imbued, every vulgar mouth extended with execrations of the fact, and imprecations upon such as had like intentions, every member of the Parliament studying, what clauses might be inserted for the King's security, into new laws, and the King himself to have so much moderated this common just distemper, by taking out all the bitterness and sting of the law, and contenting himself, with an oath or such obedience as they were borne under, which i● they should refuse, there could be no hope of farther easiness, or of such as his Majesty had ever showed to them before, Might any Catholic, I say● believe, that the Pope if he had seen this, would have accelerated these afflictions upon them, by forbidding an Act, which was no more but an attestation of a moral truth, that is, civil obedience, and a profession, that no man had power to absolve them, Citat. Theod. Niem. Nem. vitio. Tract. 4. Ca 9 against that which they justly averred to be such a Moral & indelible truth? Might he not reasonably and justly have applied to the Pope, ●hat which Anselmus is said to have pronounced of God himself, Minimum inconueniens est Deo impossible, and concluded thereupon, that it was impossible for the Pope to be Author of so great inconveniences? 24 And if the Pope's Breves were not naturally conditioned so, that in cases of enormous de●ri●ment and inconvenience, to the cause and person's, the rigour thereof might be remitted, since in such occurrences, the reason of those Breves doth evidently cease, which is ever, understood to be the advancement of the Roman Church; And if in all cases, all Breves must have their full execution under the pains and penalties inflicted therein, the Catholics of England are in worse condition by some former Breves of the Popes, than the offending and violating these two later, can draw them into. For (to omit many of like, and worse danger) That general Rescript of Clement the seventh, which I mentioned before, pronounces, That not only by the Bulla Caenae, all such are excommunicated though they be Princes, as hinder the execution of the Apostolic letters, or such as give such hinderers any Counsel, help, or favours directly, or indirectly, publicly, or secretly, or by any colour or pretence, (which words will reach to all those, who have refused, or doubted and disputed these Breves) but also that the Kingdoms and places, where those offender's are remaining, are interdicted; And then in the rigour of this Breve, how can the Priests exercise their functions here in England, if the Bulla Caenae, and a local interdict oppress it. 25 And by such servile obedience to Breves, as this is all suc● Catholics as have relieved & succoured themselves, with that weak distinction of the ●ourt of Rome, and the Church of Rome, shall lose and forfeit all the advantage which that afforded them; For, when they shall be pressed with numbers of Venial Indulgences, and of ambitious Bulls, and usurpations upon the right of other Princes, they shall not be able to find this ea●e, to discharged all upon the Court of Rome, if the Church of Rome make it matter of Faith to obey the Rescripts of the Court of Rome, which produce these enormities. For since the Pope is the Church, how can you divide the Church from the Court? Since, either as the Court is Aula or Curia, the Pope is the Prince, and as it is Forum, he is the judge, and the Ordinary. And since all those Bulls, which are loaded with censures, or with Indulgences proceed from him as he is the Church, (for those powers are only in the Church) how can you impute to his act any error of the Court? 26 It was whilst Nero continued within the limits of a good and a just Prince, that Tacitus said of him, Annal. 13. Discreta fuit domus a Repub. but when he strayed into Tyranny, it was not so. Nor is the Court of Rome, any longer distinguished from the Church of Rome, if the Church justify the errors of the Court, and pronounce, that he which obeys not that Court, is not in that Church, as it doth in Excommunicating all them, which obey not the Rescripts and Breves of Popes. Append. ad lib. de Pont. 27 So that when Bellarmine undertook to answer all, which had been objected out of Dante, and Bocace, and Petrarche, against Rome, it was but a lazy escape, and around and summary dispatch upon weariness, to say, that all that was meant of the Court of Rome, not of the Church; and therefore it was a wise abstinence in him, not to repeat Petrarches words, but to recompense them by citing other places of Petrarch in favour of the Roman Church. For though Petrarch might mean the Court, by the name of Babylon, and by imputing to it Covetousness and Licentiousness, yet when he charges Rome with Idolatry, and calls it the Temple of Heresy, can this be intended of the Court of Rome? 28 The disobedience to Popes (in whom no moderate men ever denied some degrees of the leaven and corruption, of such passions and respects as vitiate all men's actions) was not always esteemed thus heinous, though in matters nearer to the foundations of Faith, than these which are now in question. The famous dissension between Pope Stephen and Cyprian, is good evidence thereof. For though now they say, Bell. de Pont. l. 4. c. 7. § tertia ratio That the Pope did not pronounce, De fide, against rebaptisation, but only say, that it might not be used: And that he did not Excommunicate Cyprian, but only say, that he ought to be excommunicate; yet this is as far as the Pope hath proceeded with you: and after he had done thus much, Bellarmine says, it was lawful for Cyprian to differ from him: I●●d § & 〈◊〉. because he thought that the Pope was in a pernicious error. And though Cyprian is never found to have retracted either his Doctrine of rebaptisation, or his behaviour to the Pope, yet the severest Idolaters of that Sea, have never denied him a room amongst the blessed Saints of the purest times. 29 And tho●gh they are for their advantage content to say now, To. 10 Anno 878. N. 41. that Cyprian was never excommunicated, yet it is not denied by Baronius, but that Ignatius the Patriarch of Constantinople was, and that he died excommunicate; and resisted to the end of his life, the Pope's Rescripts, by which he was commanded to leave all the Country of Bulgaria to the jurisdiction of the Church of Rome. But this (says Baronius) he did not out of any displeasure to the Pope, but to defend the jurisdiction of his Church, as he was bound by oath, under the da●ger of damnation: for his purpose was not to take away another's right but to keep his own. 30 And was not this your case, before the Breves came? Is not civil obedience either really or by intention and implication sworn by every subject to the King in his birth, and after? and do you not by this last oath defend, not only the King's right, as you are bound, under danger of damnation, but your own liberty who otherwise must be under the obedience of two Master's? and have these two Breves made your case to differ so much from his, that that which was lawful to him, may not be so to you? when as to you the Breves have only brought a naked and bare commandment, without taking knowledge of your allegations: but the Pope gave Ignatius three several warnings; and disputed the case with him: and told him that by the records at Rome, it was evident, and that no man was ignorant, that that region belonged to the Roman Church, and that Ignatius his pretences to it, because the enemy had interrupted the Roman possession were of no force; which he proves by a Decree of Pope Leo, and divers other ways: Yet for all this, Ignatius held out, endured the excommunication, and died under that burden, and yet God hath testified by many miracles, the holiness and sanctity of this reverent man. 31 Dioscorus the Bishop of Alexandria, Dist. 22. In tantum. & 24. q. 2. ●●ane profertur. exceeded all these passive disobediences and contempts of the Popes, and proceeded to an Active excommunication of the Pope himself: and yet for all this, it is said of him, higgon's. fo. 32. Non erravit in fide. And what opinion was held of our Bishop Grosthead, that his disobedience to the Pope despoiled him not of the name of Catholic, a late Neophyte of your Church hath observed. 32 For the Pope is subject to human errors, and impotencies; and when a great sword is put into a weak hand, it cannot always be well governed; And therefore when Bartholinus an advocate in the Court of Rome, Theodor. a Niem de Scrip. l. 1. c. 42 a bold and witty man, had adventured to convey secretly certain questions, in which he declared his own opinion affirmatively; amongst which, one was, That if the Pope were negligent, or insufficient, or headstrong to the danger of the Church, the Cardinals might appoint him a Curator and Guardian, by whom he should dispatch the affairs of the Church, his reasons are said to have prevailed with excellent Masters in Theology, and Doctors in both laws, and that many Cardinals adbered thereunto, till the Pope coming to the knowledge thereof, imprisoned six of the Cardinals, and confiscated their estates. 33 But if, as it is forbidden under Excommunication, to make any Comment upon one Canon which concerns the privileges of the Franciscans, Na●ar. Manual. c. 27. n. 147. Clem. Exivi. Tit. de verb. si●ni●. (which were the best labourers in the Pope's Vineyard, till the jesuits came) so it were forbidden upon like penalty, to interpret the Pope's Breves, yet no such law can take away our natural liberty, nor silence in us these dictates which nature inculcates, That against the end for which it was instituted, no power can be admitted to work. Ver. Obedientia. For from your Sylvester we learn, That the Pope's precepts bind not, where there is vehement likelihood of trouble or scandal. And so he puts the justifying and making valid the Pope's Breves, to the judgement of considerate men, though parties. 34 So also is it said there, That it is not the purpose nor intention of the Church to be obeyed in such dangers; For avoidance of scandal, is Divine law, and to be preferred before any command of a Pope, which is but human law: for Divine positive law yields to this precept of avoiding scandal, as I noted before, in the integrity of confession, where some sins may be omitted, rather than any scandal admitted. And therefore their great Victoria complains justly of great inconveniences, a De p●t. pa●. & Conc. § Sed quia If all matters should be left to the will of one man, who is not confirmed in grace, but subject to error: or which, says he, I would it were lawful for us to doubt, meaning that daily experience made it evident; for so he adds in the point of Dispensations, We see daily so large and dissolute dispensations, as the world cannot bear it. And not long after, in the same Lecture he ●aies, b Ibid. § preterea. We may philosophy, and we may imagine, that the Popes might be most wise men, and most holymen, and that they would never dispense without lawful cause, but experience cries out to the contrary, and we see that no man which seeks a Dispensation misses it. And therefore we must despair if it be left, Arbitrio humano: For (says he) the Pope must trust others, and they may deceive him, if he were Saint Gregory himself. And he adds further, c Ibid. § & preterea. We talk as though we needed great Engines to extort a Dispensation, as though there were not me expecting at Rome, when any man will come and ask a dispensation of all those things, which are provided against by the laws: and though he confess, that former Popes were not so limited, as he desires the Popes in these times, might be, it was, says he, because they did not presume, so easily to dispense against Counsels. Da mihi Clementes, provide me, says he, such Popes as Clement, Linus and Sylvester were, Ibid. 87. si quis and I will allow all things to be done, as they list. 35 And then since de facto, it may be, and often is so, whether a Precept of the Popes, do work to that end for which the Church government was committed to him, or no, Natural Reason, says a e Azor. To. 2. l. 4. C. 5. §. Tertio. learned jesuit, will instruct us. Who thereupon makes a free and ingenuous conclusion, in a question of the Pope's power in making a Law, of Electing a Successor, That the Pope might make such a Law, if he would, but the Church would never receive it. Which how could Azorius pronounce, or know, but by the insinuation of natural reason, and conveniency; which Counsellor and Instructor, every other temperate and intelligent, and dispassioned man, hath as well as he? Ibid. §. Decimaseptima. 36 And so also says Fran. a Victor. and as many as speak ingenuously, That where the Mandates of the Pope, are in Destru●tione Ecclesiae, they may be hindered and resisted. For in the greatest effect which can be attributed to the Pope's Bulls, in these temporal affairs, which is, discharging of Subjects from their obedience, that peremptory Canon, Nos Sanctorum, binds not, except it may be done without grievous damage to the Subject, D'Auila de censuris. par. 2. C. 6. disp. 11. Dub. 9 and though by the virtue of that Canon, they may forbear their obedience if they will, yet they are not bound thereby to do it. Yea, it were unlawful, to deny that obedience, in cases of scandal or tumult. Alf. Castr. de potest. leg. l. 1. C. 5. Docum. For so also, says another of your great men, It is often expedient to obey even an unjust law, to avoid scandal. a Comitolus. Resp. Moral. li. 1. Q. 47. And the late un-entangler of perplexities, Comitolus the jesuit, who undertakes to clear so many cases, which Navarrus and many others left in suspense, when he comes to handle the question, whether a Professor of the Roman faith, being sent into those parts where the Greek Church observes other rites, may go to their service; in such cases as he allows it, he builds upon this Reason, That by the law of God, and of Nature, it is lawful, and the Precepts of the Church, (which forbid this) do not bind Christians, in cases of great detriment to the life, or soul, or honour, or fame, or outward things. 37 Since therefore a civil constitution, which in power of binding, and all validities, except immura●lenesse, is by your own Authors equal to Divine, had possessed your conscience, and so refreshed by a new solicitation your natural & native Allegiances, so that no Breve could create in you a new conscience, in this case, no more than if it had forbidden Obedience to the common law, or any other statute, because it belongs not to you to judge what is sin, and what conduces to spiritual ends, since by the testimony of the Popes own Breves, his Breves are subject to many infirmities, and open to the interpretation of mean men, since they are often revoked, and pronounced to have been void from the beginning, upon such reasons as it is impossible for you to suspect or spy in them, when you admit them, since these Breves have contributed their strength, and given authority, to vain, and to suspicious, and to false, and to blasphemous legends, since the Pope is allowed, to neglect all ways of informing himself of the ●ruth, in the most general & most important matters, since recourse to your Superiors is not afforded, which you know both by the practices of one party and faction at Rome, and also by effects thereof, because by the second Breve, the complaints against the first were not remedied, And since in such cases, the interpretation and dispensation of Breves, when necessity oppresses you, belongs to yourself, who cannot be esteemed disobedient, for abstaining from doing such a command, as you do justly think to be erroneous, and that your Superior would not importune it, if he knew perfectly your condition, and estate: since their rigorous observation of Breves, might cast you under a local interdict, and starve you for spiritual food, And makes you justify all the errors of the Court of Rome, by making the Court, & the Church, all one: since Cyprian, Ignatius and others, have been justly reputed holy men, & Saints, though they disobeyed the precepts of Popes, made upon more reasons, and stronger comminations, and broken with less excuse, than these Breves may be by you: since lastly the Pope cannot by pretence of advancing the Church serve his own ambitions to your destruction, you may as well flatter yourself, with specious Titles, for not swimming if you were cast into a River, or for not running out of a house, if it were ready to fall upon you, as you may think yourselves Confessors (in your sense) for suffering t●e penalties of this law, or they may think themselves Martyrs, whose execution ●or other treasons, this Refusal may hasten. CHAP. XII. That nothing required in this Oath, violates the Pope's spiritual jurisdiction; And that the clauses of swearing that Doctrine to be Heretical, is no usurping upon his spiritual right, either by prejudicating his future definition, or offending any former Decree. THe same office which our sureties perform for us, at our Baptism and Regeneration, the Law undertakes at our Civil birth; For the Law is Communis sponsio Reip. Dig. Tit. 5. L●. 1. And as they which were our stipulators at the Font, take care when we come to ability of Discretion, that we do by some open declaration, as frequenting Divine Service, and so communicating with the Church in the word and Sacraments, testify that we acknowledge ourselves incorporated and matriculated into that Christian warfare, wherein they entered our Names, So hath Law provided, that when we grow to be capable of Good and Evil, we should make some public protestations of that Obedience to the Prince, which by our birth in his Dominions, and of his Subjects, we had at first contracted. Thereupon hath it proceeded that by our Laws at sixteen years of age, an Oath hath been required of every Subject. And besides this general Oath, it hath in all well governed Estates, been thought necessary, that they which were assumed to any public function in the State, should also by another Oath, appropriated to that calling, be bound to a just execution of that place; And therefore it seems reasonable which a Lawyer says, That he which undertakes to exercise any Office, Par. de Put. de Syndic. fo. 481. before he have taken the Oath, belonging thereunto, Tenetur Maiestatis, because he seems to do it by his own Authority. Nor might a Soldier, Mar Donatus in Sueto. c. 16. though he were in the Tents at the time of Battle, be admitted to fight against the enemy, if he had not taken the Oath. And the Notaries in the Courts of Rome, if they delay to dispatch them, who would by Appeal, In septimo Tit. 2. c. 1. or otherwise bring causes into those Courts, are by a l●te Decretal guilty of perjury, because being sworn to advance the profit of that place, and the Apostolic Authority, this is accounted an interpretative perjury. 2 So also hath it been a wise and religious custom, in matters newly emergent, and fresh occurrences, if either foreign pretences, or inward discontentments, threatened any commotions in the State, to minister new Oaths, to all whom it might concern; not as new o●lig●tions, but as voluntary and public confessions, that all the former oaths sworn in Nature and in Law, do re●ch and ex●end to that case then in question, and that they were bound by them, to the maintenance of the peace and tranquillity of the present State. 3 And at no time, and to no persons, can such Oaths be more necessary, then to us now, who have been awakened with such drums as these, Apolog. of jesuit, c. 5. There is no war in the world so just and honourable, be it civil or foreign, as that which is waged for the Roman Religion. And especially in this consideration are Oaths a fit and proper wall and Rampart, to oppose against these men, because they say, Ibid. That to the obedience of this Roman Religion, all Princes and people have yielded themselves, either by Oath, vow, or Sacraments, or every one of them. For against this their imaginary oath, it is best, that a true, real, and lawful oath be administered by us. 4 The Jesuits which in their Vow to the Pope's will, have sworn out all their obedience at once, in a Hyperbolical detestation of oaths, do almost say true, Spongia pro I●suit. fo. 79. when they profess, That they avoid an Oath worse than perjury: But though they have borrowed this protestation of the Esseni, Serarius Trihaeres. l. 3. c. 4. Ar. 34 who were in so much estimation amongst the jews, yet this declining of Oaths wrought not upon them, as it doth upon the Jesuits; for the Esseni did willingly take Oaths, Ar. 37. that they would attempt nothing against the Magistrate; out of this reason, that they believed it happened to no man, to be a governor without the pleasure of God● Since therefore the Jesuits abhor such oaths, Par. de Put. de sin. ●c. fo. 990. Hier. Gigas de laes. Ma. l. 3. rubr. 1. q. 5. Nu. 2. & it is a good presumption, that Scholars are guilty if their Masters were, and sons are punished, because they are justly suspected to inherit their father's malignity, and ill disposition; It was necessary to present such an oath, as might discover how much of their Master's poison, and of their Father's ill affections to this State, the Jesuits disciples, and spiritual sons had swallowed and digested. 5 And when an Oath is to be conceived and framed, which hath some certain scope and purpose; it were a great impotency or slackness in the State, if it should not be able, or not dare to express it in such terms, as might reach home to that purpose, and accomplish fully all that which was intended therein; especially in these times of subtle evasions and licentious equivocations. 6 When Paulus 4. had a purpose to take in, and bind more sorts of men, by that oath which was framed according to the Trent Council, for them only who were admitted to spiritual dignities, and some few others, and so to swear all those men fast to the Doctrine of that Council, and to the obedience of the Church of Rome, it is expressed in so exquisite and so safe words, as can admit no escape. For, how ignorant soever he be in controverted Divinity, every one which takes that oath, must swear, That there are seven Sacraments instituted by Christ; which any of their Doctors might have doubted and impugned an hour before; as it appears by Azorius, Azorius Insti●. Mor. To. 1. l. 2. ca 9 praecep. prima § quoti●scu●que. that Alensis and Bonaventure did of Confirmation, Hugo Victor and Lombard of extreme unction, Hostiensis and D●randus of Matrimony, and others of others: and he must swear, That he believes Purgatory, Indulgences, and veneration of Relics: and he must swear, That all things contrary to that Council are heretical. And this oath is not only Canonised (as their phrase is) by being inserted into the body of the Canon law, In septimo Tit. 1. ca 4. but it is allowed a room in the Title, De Summa Trinitate, & fide Catholica, and so made of equal credit with that. And that Baro●res● a . ad Card. Colum. Nu. 31. oath by which the Cardinals are bound to the maintenance of the Church privileges is conceived in so strong and forcible words, that Baronius calls it Terribile juramentum, & says, that the only remembering of it inflicts a horror upon his mind, and a trembling upon his body. 7 And with equal diligence are those oaths framed which are given to the Emperors, Cerem sacr. Ca de Coron Imp. when they come to be Crowned by the Pope. For before he enters the land of the Church, he takes one oath, Domino Papae iuro, that I will exalt him with all my power. And before he enters Rome, he swears, that he will alter nothing in that Government, And before he receives the Crown, he swears, that he will protect the Pope's person and the Church. And in the creation of a Duke, Ibid. ca de create. Duc. because he might have some dependence upon another Prince, the Pope exhibits to him this oath; I vow my reverence and obedience to you, though I be bound to any other. 8 So did Gregory the seventh exact a curious oath of the Prince of Capua, Binius To. 3. Par 2. ●o. 1161. that he would swear Allegiance to the Emperor, when the Pope or his Successors should admonish him thereto, and that when he did it, he would do it, with reservation of his Allegiance to the Pope. And so when the Emperor Henry the seventh, though he confessed that he had swo●ne to the Pope, yet denied that he understood that Oath to be an Oath of Allegiance or Fidelity, the Popes have tooken order, not only to insert the oath into the body of the Canon Law, Clem. de jure iurand. but to enact thereby, That whosoever took that Oath after, should account and esteem it to be an Oath of Allegiance. 9 With how much curiosity and unescapablenesse their forms of Abjuration under oath are exhibited? They thought they had not given words enough to Berengarius, De Consecrat. Dist. 2. Ego. till they made h●m swear, That the body in the Sacrament, was sensibly handled, broken, and ground with the teeth; which he was bound to swear, Per Homousion trinitatem. And they dressed and prepared Jerome of Prage, Sess. 19 an oath, in the Council of Constance, by which he must swear, freely, voluntarily, (or else be burned) and simply, and without condition, To assent to that Church, in all things, but especially in the Doctrines of the Keys, and Ecclesiastic immunities and relics, and all the ceremonies, which were the most obnoxious matters. 10 But yet this seemed not enough; De i●sta Haereti. Punitio. l. 1. c. 111 And therefore, though Castrensis say, That there is no Law, by which he which abjures, should be bound to abjure any other Heresy, then that of which he was infamed, yet he says that it stands with reason, that he should abjure all. And accordingly the Inquisition give an oath, in which, says he, Nulla manet rimula elabendi; For he must swear, That he abjures all Heresies, and will always keep the faith of Rome; And that he hath told all, of others, and of himself, and ever will do so; And that if he do not, he renounces the benefit of this Absolution, and will trouble the Court with no more days of hearing; but says he, Ego me judico. 11 And if we do but consider the exact forms, and the advantageous words and clauses, which are in their Exorcisms, to cast out, and to keep out Devils, they may be good inducements, and precedents to us, how diligent we should be, in the phrase of our Lawe●, to expel and keep out Jesuits, and their Legion, which are as crafty, and as dangerous. 12 When therefore it was observed, that not only most of the Jesuits Books which took occasion to speak either of matter of State, or Moral Divinity, abounded with traitorous and seditious Aphorisms, and derogatory from the dignity of Princes in general; but that their Rules were also exemplified, and their speculations drawn into practice in this Kingdom, by more than one Treason; and by one, which included and exceeded all degrees of irreligion and inhumanity, than was it thought fit to conceive an oath, whose end, and purpose, and scope was, to try & find out, who maintained the integrity of their natural and civil obedience so perfectly, as to swear, that nothing should alter it, but that he would ever do his best endeavour to the preservation of the Prince, what enemy so ever should rise against him. 13 And if any of the material words, or any clause of the Oath, had been pretermitted, then had not the purpose and intent of the Oath been fulfilled; That is, no man had averred by that oath, that he thought himself bound to preserve the King against All enemies, which to do, is mere Civil obedience. For though the general word of Enemy, or Usurper, would have included and enwrapped as well the Pope, as the Turk, when either of them should attempt any thing upon this Kingdomed yet, as it hath ever been the wisdom of all States, in all Associations and leagues, to ordain Oaths proper to the business then in hand, and to the imminent dangers: So now it was most necessary to do so, because the malignity of men of that persuasion in Religion, had so violently broke forth, and declared itself; Which happy diligence, the effect praises and justifies enough, since it appears, that if these particular clauses had not been inserted, they would have swallowed any Oath, which had been presented in general terms and have kept their Consciences at large to have done any thing, which this Oath purposed to prevent. 14 He therefore that should desire to be admitted to Swear, that he would preserve the King against all his enemies, Except the Pope, or those whom he should encourage or employ; Or that he would ever bear true Allegiance, Until the Pope had discharged him, or that he● would discover any conspiracy which did happen before the Pope did authorize it; Or that he would keep this Oath, Until the Pope gave him leave to break it: this man should be far from performing the intent and scope of an Oath, which should be made for a new attestation, that he would according to his natural duty, and inborn obedience, absolutely descend the King from All his enemies. 15 I make no doubt but the Jesuits would have given way to the Oath, if it had been conceived in general words, of All obedience, against all Persons; for it were stupidity to deny that ●o be the duty of all Subjects. Nor would they have exclaimed, that spiritual jurisdiction had been infringed, if in such times as their Religion governed here, this clause had been added to defend the King, D' Auila de Cense. Par. 2. c. 4. disp. 1. Dub. 4. Though the Metropolitan of England should Excommunicate him. And yet by there Doctors it is averred, that jure Divino, and jure Com●muni Antiquo, A Bishop may Excommunicate a King, as Ambrose did Theodosius, and that excepting only infallibility of judgement, Ibidem. in matter of Faith, a Bishop might, jure Divino, do all those things in his Diocese, which the Pope might do in the whole Church. For, so Bellarmine himself concludes, arguing from the Pope's Authority in all the world, to a Bishop in his Diocese. D● Pont. l. 5. c. 3 § Hem. If therefore an Oath had been lawful, for defending the King against All enemies, though a Bishop Excommunicate him, And the Pope have only by positive laws, withdrawn from the Bishops some of the exercise of their jurisdiction, and reserved to himself the power of excommunicating Princes, it is as lawful to defend him a●ter a Pope's excommunication now, as it was after a Bishops, when a Bishop might excommunicate: and no man ever said, that a Bishop might have deposed a King. 16 All which they quarrel at in the oath, is, that any thing should be pronounced, or any limits set, to which the Pope's power might not extend: but they might as well say that his spiritual power were limited or shortened, and so the Catholic faith impugned, if one should deny him to have power over the wind and sea; since to tame and command these, in ordine ad spiritualia, would advance the conversion of the Indies, and impair the Turks greatness, and have furthered his fatherly & spiritual care of this Kingdom in 88 17 All the substance of the oath is virtually comprehended in the first proposition, That king james is lawful King of all these Dominions; The rest are but declarations, and branches naturally and necessarily proceeding from that roo●e. And as that Catholic which hath sworn, or assented, that Paul the fifth, is Pope canonically elected, hath implicitly confessed, that no man can divest or despoil him of that spiritual jurisdiction, which God hath deposed in him, nor of those temporal estates, which by just title his predecessors possessed or pretended too: so that Subject which swears king james to be his true and lawful King, obliges himself therein to all obedience, by which he may still preserve him in t●at state; which is to resist all which sh●ll upon any occasion be his enemies. 18 For if a king be a king upon this condition, that the Pope may upon such cause as seems just to him, depose him, the king is no more a Sovereign, then if his people might depose him, or if a Neighbour king might depose him: For though it may seem more reasonable and convenient, that the Pope, who may be presumed more equal, and dispassioned then the people, and more disinteressed than the neighbour Princes, should be the judge and Magistrate to depose a Prince enormously transgressing the ways, in which his du●y bound to him to walk, though, I say, the king might hope for better justice at his hand, than another's, yet he is no Sovereign, if any person whatsoever may make him none. For it is as much against the nature of Sovereignty, that it may at any time be justly taken away, as that it shall certainly be taken away. And therefore a King whom the Pope may depose, is but a Depositaries and Guardian of the Sovereignty; ●o whose trust it is committed upon condition: as the Dictator's were Depositaries of it, for a certain time. And Princes in this case shall be so much worse than Dictator's, as Tenants at will are worse than they which have certain leases. 19 And therefore that suspicion and doubt, which a learned Lawyer conceived, that the Kings of France and Spain lacked somewhat of Sovereignty, Alb. G●nt. de l●gatio. l. 4. because they had a dependence, and relation to the Pope, would have had much reason and probability in it, (though he meant this only of spiritual matters concerning religion) if that authority which those Kings seem to be subject to, were any other, than such, as by assenting to the Ecclesiastic Canons, or confirming the immunities of the Ecclesiastic state, they had voluntarily brought upon themselves, and the better to discharge their duties to their Church; and to their civil state, had chosen this way as fittest to govern their Church, as other ways, by judges and other Magistrates to administer civil Iu●stice. 20 So therefore his majesties predecessors in this Kingdom were not the less Sovereign and absolute● by those acts of jurisdiction which the Popes exercised here. For though some kings in a mis-devout zeal, and contemplation of the next life, neglected the office of government to which God had called them, by attending which function duly, they might more have advanced their salvation, then by Monastique retire (of which public care, and preserving those which were committed to their charge, and preferring them before their own happinesse● Moses, and St. Paul were courageous examples) Though, Exod. 32.32. I say, Ro. 9.3. they spent all their time upon their own future happiness, and so making themselves almost Clergy men, and doing their duties, gave the Clergy men way and opportunity, to enter upon their office, and deal with matter of State; And though some o●her of our kings oppressed with temporal and personal necessities, have seemed to diminish themselves, by accepting conditions at the Pope's hands, or of his Legates, And some others, out of their wisdom avoiding dangers of raw and immature innovations, have digested some indignities and usurpations, and by the examples of some kingdoms about them, have continued that form of Church Government, which they could not resist without tumult at home, and scandal abroad yet all this extinguished no part of their Sovereignty; which Sovereignty without all question they had, before the other entered into the kingdom, entirely: and Sovereignty can neither be devested nor divided. 21 As therefore Saint Paul suffered Circumcision as long as toleration thereof, advanced the propagation and growth of the Church, when a severe and rigid inhibition thereof would have averted many tender and scrupulous consciences, which could not so instantly pass from a commandment of a necessity in taking Circumcision, to a necessity in leaving it; But when as certain men came down and taught, Act. 15. that circumcision was necessary to salvation, and so overthrew the whole Gospel, because the necessity of both could not consist together, then Circumcision was utterly abolished: So, as long as the Roman Religion, though it were corrupted with many sicknesses, was not in this point become so infectious and contagious, as that it would utterly destroy and abolish the Sovereignty of Princes, the kings of England succoured, relieved, and cherished it, and attended an opportunity, when God would enable them to medicine and recover her; but to be so indulgent to her now, is impossible to them, because as every thing is jealous of his own being, so are kings most o● any: and kings can have no assurance of being so, if they admit professors of that Religion, which teach, that the Pope may at any time Depose them. 22 We do not therefore by this oath exempt the King from any spiritual jurisdiction; Neither from o●ten incitations to continue in all his duties, by Preaching the word; nor from confirming him in grace, by the blessed Sacrament; Nor from discreet reprehension if he should transgress. We do neither, by this oath, privilege him from the Censures of the Church, nor deny, by this oath, that the Pope hath justly engrossed and reserved to himself the power to inflict those censures upon Princes. We pronounce therein against no power which pretends to make Kings better Kings, but only against that, which threatens to make them no kings. 23 For if such a power as this, of deposing and annihilating Kings, be necessary, and certain in the Church, and the Hierarchy thereof be not well established, nor our salvation well provided for, without this power, as they teach, why was the Primitive Church destitute thereof? For if you allow the answer of Bellarmine, That the Church did not depose Kings then because it lacked strength, De Pont. l. 5. c. 7. § Quod si. you return to the beginning again, and go round in a circle. For the wisdom of our Saviour is as much impeached, and the frame of the Church is as lame, and impotent, and our salvation as ill provided for, if Christ do not always give strength and ability to extirpate wicked kings, if that be necessary to salvation, as he were if he did not give them Title and Authority to do it. Yea, all tese defect; would still remain in the Church, though Christ had given Authority enough, and Strength enough, if he did not always infuse in the Pope, a Will to do it. 24 And where this power of deposing Princes may be lawfully exercised, as in States where Princes are Conditional, and not absolute and Sovereign, as if at Venice the State should depose the Duke, for attempting to alter that Religion, and induce Greek errors, or turcism, or if other States, which might lawfully do so, should depart from the obedience, and resist the force of their Princes, which should offer to bring into that State, the Inquisition, or any other violence to their Conscience, if the people in these States should depose the Prince, did they do this by any Spiritual Authority, or jurisdiction? Or were this done by such a Temporal Authority, as were indirect, or casual, or incident, or springing out of the spiritual authority, as the Pope's ridler makes his authority to be? Or must they stay, to ask and obtain leave of their Clergy, to depose such a transgressor? If therefore such a particular state, in whom the Sovereignty resides, have a direct temporal power, which enables it sufficiently to maintain, and conserve itself, such a supreme spiritual power, as they talk of in the Pope, is not necessary for our salvation, nor for the perfection of the Church government. 25 Nor is there any thing more monstrous, and unnatural and disproportioned, that that spiritual power should conceive or beget temporal: or to rise downwards, as the more degrees of height, and Supremacy, and perfection it hath, the more it should decline and stoop to the consideration of secular and temporal matters. It may well have some congruity with your Rules, that the Popes of Rome, in whom the fullness of spiritual power is said to be, should have more jurisdiction in spiritual matters, than other Prelates. They may be better trusted with the spiritual food and physic of the Church, and so prepare and present, the word, and the Sacraments, to us, in such outward sort and manner, as we may best digest, and convert them to nurture. They may be better trusted with the spiritual justice of the Church, and make the censures thereof profitable to the delinquent, and others by his example. They may be better trusted with the spiritual treasure of the Church, and apply and dispense the graces, of which they have the stewardship, at their discretion. They may be better credited with canonizing of Saints, and such acts of spiritual power, then others: and these are many, and great offices, to be put into one bodies hands. But tha● out of this power, and then only when this power is at her fullness and perfection in the Pope, there should arise and grow a temporal power, which in their estimation, is so poor and wretched a thing, that a boy which doth but shave his head, and light a candle in the Church, is above it, (for so they say, even of the lesser Orders) is either impossible, or to prodigious, as if (to insist upon their own comparisons of spiritual and temporal power) the Sun at his highest glory, should be said to produce a Moonlight, or gold, after all trials and purifyings, should bring ●orth Lead. 26 Nor do they for this Timpany, or false conception, by which spiritual power is blown up, and swelled with temporal, pretend any place of Scripture, or make it so much as the putative father thereof. For they do not say, that any place of Scripture doth by the literal sense thereof, immediately beget in us, this knowledge, That the Pope may depose a Prince; but all their arguments are drawn, from natural reason, and discourse, and convenience. So that, if either the springe which moves the first wheel, or any wheel by the way be disordered, the whole Engine is defeated, and made of no use. 27 And in this we will join and concur with Azorius the jesuit, To. 2. l. 4. C. 5. §. Tertio. That though there be some●things which neither the Scriptures do in express words forbid the Pope to do, nor the Canons can disable him● because he is above them, yet the very law of Nature inhibites them, and provides that by no means they may be done; and that if the Pope should do such a thing, there were a Nullity in the action, and the Church would never permit it, but do some act in opposition against it, And all this out of this respect, That natural Reason would teach them, that the general peace and tranquillity of the Christian Commonwealth would be disturbed thereby. 28 If therefore in the point in question, we must be directed by natural reason, and dispute which is most profitable and convenient for the peace of Christian states, though it may be long uncertain on both sides, where the victory will fall, yet, during the suit, Melior est conditio possidentis. And since it is confessed, that Princes before they accepted Christianity, had no Superior, and nothing appears why Princes should not be as well able to govern Subjects in Christian Religion, as in Moral virtue, or wherein they need an equal Assistant, or Superior, now, more than before, or by what authority the Pope is that Officer, it is a precipitate and hasty prejudice for any man, before judgement, to set to the seal of his blood, and a licentious and desperate extending of the Catholic faith, to intrude into the body thereof, and charge upon our consciences, under pain of damnation, such an article, as none but the thirteenth Apostle judas would have made, and in which their own greatest Doctors, are yet but Ca●echumeni, and have no explicit belief thereof: for they neither bring to that purpose, Scripture, Tradition, consent of Fathers, general Counsel, no nor Decree of any Pope. 29 And, I think, I may safely aver, that it will not constitute a martyrdom, to seal with your blood any such point here, as the affirming of the contrary, would not draw you into the fire at Rome. Except you should be burned for an Opinion there, you cannot be reputed Martyrs, for holding the contrary here. As therefore it were no Heresy at Rome, to deny the Pope's direct power, nor his indirect, (for if it were, Bellarmine and Baronius had made up an Heresy between them, as Sergius and Mahomet did) so is the affirmation thereof no article of faith in England. 30 This then being so far from being an Article of faith, by what power the Pope may depose a Prince, as that it is even amongst them which affect an Ignorance, but Dubium speculatiws, a man may safely, and aught to take the Oath: For so a man of much authority amongst themselves doth say, Carbo. summa summarum. To. 1. Par. 1. C. 14. §. prima. That in a doubt which consists in speculation, we do not sin, if we do against it● and himself chooses this example, If a Soldier doubt whether the war which his Prince undertakes be just or no, yet in the practic part, he may resolve to fight at his Prince's command, though he be not able to explicate the speculative doubt. And he adds this in confirmation; That where one part is certain, and the other doubtful, we may not leave the sure side, and adhere to the other. In his example that which he presumes for certain, is this, That every man ought to defend his Prince, and the speculative doubt is, Whether the war be just or no. If this be applied ●o our case, every man will find this certain impression in himself, that he ought to swear civil obedience to his Prince, and this will be so evident to him, that no doubt can arise, so strong, or so well commended to him, by any pretence of Reason, and deducements, as may make him abstain from a practic duty, for a speculative doubt. For so, Fran. a Victoria, maintaining the same opinion, gives the●e reasons or it, Franc. a Victor. Rele●t 6. De jure bell●. §. Tertium Dubium. That not only in defensive war, but in offensive (which i● further than our case, in any probability, is like to extend to) the Prince is not bound to give an account to the subject of the justice of the cause: And therefore (says he) in doubtful cases, the safer part is to be followed: And if he should not fight for his Prince, he should expose the State to the enemy, which is a much more grievous offence, then to fight against the enemy, though he doubt of the cause. ●or if their opinion were an evident Truth, both their Doctors would be able to explicate it, and their Disciples would need no explication. 31 This Oath therefore containing nothing, but a profession of a moral Truth, and a protestation that nothing can make that false, impugns no part of that spiritual power, which the Pope justly hath, no● of that which he is charged to usurp. That which hath seemed to m●ny of them, to come nearest to his spiritual power is, that the Deponent dot● swear, That the Pope hath no power to absolve him of this Oath. But beside, that it hath been strongly and uncontroulably proved already by divers, that no absolution of the Popes can wor●e upon the matter of this Oath, because it is a moral Truth, I do not perceive, that to absolve a man from an Oath, belongs to spiritual jurisdiction. 32 For Dispensations against a law, and absolutions from Oaths and Vows work only as Declarations, not as Introductions. And that power which gives me a priu●ledge, with a Non obstante upon a law, or an absolution from an oath, doth not enable me to break that law, or that Oath, but only declares, That that law and Oath, shall not extend to me in that case, and that if this particular case could have been foreseen, at the making of the law, or the Oath, neither the Oath, nor the law ought to have been so general. 33 So therefore these Absolutions, are but interpre●ations, and it belongs to him who made the law, to interpret it. For without any use of spiritu●all jurisdiction, the Emperor Henry●he ●he seventh, absolved all the Subjects of Robert king of Sicily of their oaths of Allegiance, w●en he rebelled against ●he Emp●●e, of which he was a feudatary Prince. Clem. de Sen. ●t re. ●ud. I●a●●oralis. And though the Pope annulled this sentence, it was not because the Emperor might not do this, but because the king of Sicily held also of the Church, and this absolving of Subjects made by the Emperor, extended to the Subjects of the Church. 34 So also the Emperors Antoninus and Verus, when one had made an oath, Dig. li. 50. Tit. 1. Ad munic. le. fin. that he would never come into the Senate, creating him such an Officer, as his personal attendance was necessary in the Senate house, by an express Rescript, absolved him of his oath. Of which kind there are divers other examples. 35 And your Canons do not require this spiritual jurisdiction, always in this Act of absolving an oath. 15. q. 6. Authoritatem. gloss. For if I have bound myself to another by an unjust oath, in many cases I may pronounce myself absolved; and in others I may complain to the judge, that he may force him, to whom I swore, to absolve me of this oath. And in such cases as we are directed to go to the Church, and the governor thereof, it is not for absolution of the oath, but it is for judgement, whether there were any sin in making that oath, or no. For when that appears, out of the Nature of the matter, arises and results a Declaration sufficient, whether we are bound or absolved. If therefore the matter of this oath be so evident, as being Moral, & therefore constant and ever the same, that it can never need his judgement, because it can in no case be sin, the scruple which some have had, that by denying this power of absolving, his spiritual power is endamaged, is vain and frivolous. THE SECOND PART. FRom this imputation, of impairing his spiritual power, every limb and part of the oath, hath been fully acquitted, by great, and reverend persons, so, as it were boldness in me, to add to that which they have perfected; since additions do as much deform, as defects. Only, because perchance they did not suspect, that any would stumble at that clause, which in the oath hath these words, I abjure as impious, and Heretical, that position, etc. I have not observed that any of them, have thought it worthy of their defence; But because I have found in some Catholiqus, when I have importuned them to instance, in what part of the oath sp●rituall jurisdiction was oppugned, or what deterred them from taking the same, that they insisted upon this, That it belonged only to the Pope to pronounce a Doctrine to be Heretical, and that, since there was a Canon of a general Council pretended for the contrary opinion, and that it was followed by many learned men, it were too much boldness for a private man, to anerre it to be Heretical, I am willing to deliver them of that scruple. 37 It is no strange nor insolent thing with their Authors, to lay the Note of Heresy upon Articles, which can neither be condemned out of the word of God, nor are repugnant to any Article of faith; for Castrensis, that he might thereby make room for traditions, Aduer. Hear. l. 1. C 5. in princ. liberally confesses, That there are many Doctrines of the Heretics, which cannot be refelled by the testimony of the Scriptures. De libe● Eccles. l. 2. C 9 §. Secundus. And the jesuit Tannerus is not squeamish in this, when he allows thus much, That in the communion under one kind, and in fasts, and in feasts, and in other Decrees of Popes, there is nothing established properly concerning faith. So that with you, a man may be subject to the penalties, & so to the infamy, & so to the damnation belonging to an Heretic, though he hold nothing against the Christian faith. 38 But we lay not the Name of Heresy (in that bitter sense which the Canons accept it) upon any opinion which is not against the Catholic faith. Ad Leo. A●g. Epist. 97. in princi. Which faith we believe Leo to have described well, when he says, That it is singular, and true, to which nothing can be added, nor detracted: and we accept S. Augustine's signification of the word Catholic; Epist. 48. Cont. Rogat. et Donat. we interpret the name Catholic, by the Communion with the whole world; which is so Essential & so truly deduced out of the Scriptures, that a man which will speak of another Church, than the Communion of all Nations, which is the name Catholic, is as much Anathematized, as if he deny, the Death and Resurrection of Christ. And what is this Essential truth so evident out of Scripture, which designs the Catholic Church? Because, says Augustine, the same evangelical truth which tells us the Death and Resurrection, tells us also, That Repentance, and Remission of sins shall be preached in his Name, through all Nations. That therefore is Catholic faith, which hath been always and every where t●ught; ●nd Repentance, and Remission of sins by the Death and Resurrection o● Christ, and such truths as the Gospel teaches, are that Doctrine, which coagulates and gathers the Church into a body, and makes it Catholic; of which opinion Bellarmine himself is sometime, as when he argues thus, De Eu●har. l. 3. C. 8. §. Ac primum. whatsoever is Heresy, the contrary thereof is veritas fidei; for than it must be ma●ter of faith, And an error with pertinacy in those points only, should be called Heresy, in that heavy sense, which it hath in a Papists mouth. 40 Castrensis foresaw this Danger of Recrimination, and retorting upon themselves, t●is opprobrious name of Heretic, if they were so forward to impute it, in matters which belonged not to f●ith, Aduer. Heres. l. 1. C 7 for accordingly he says, They amongst us, which do so easily pronounce a thing to be Heresies are often stricken with their own arrow, & fall into the pit which they digged for others. And certainly as t●e Greek Church by using the same st●●nesse and rigour towards the Roman, as the Roman uses towards the other Western Churches, which is, not only to justify their opinions, but to pronounce the contrary to be Heresy, hath tamed the Roman writers so far, Bo●osius. as to contesse that t●ey condemn nothing else in their opinion and practice of consecrating in a different bread, but that they impose it, as a necessity upon all other Churches, and hath extorted a Decretal from Pope Eugenius, In 70. tit. 1. C. 2. That Priests in Consecrating (not only may) but aught to follow the custom of that Church where they are, whether in leavened, Azor. To. 2. l. 4. C. 15. §. Item eo. or unleavened bread, and innocent the thi●d, required no more of them, in this point, but that they would not show so much detestation of the Roman use therein, as to wash and expiate their Altars, after a Roman Priest had consecrated, So if it should stand with the wisdom and charity of the Reformed Church, juridically to call, all the Additions which the Romans have made to the Catholic faith, and for which, we are departed from them, absolute and formal Heresy, though perchance it would not make them abandon their opinions, yet I think it would reduce them to a mo●e human and civil indifferency, & to let us, without imposing their traditions, enjoy our own Religion, which is, of ●t self, in their confession, so free from Heresy, that they are forced to ma●e this all our Heresy, that we will not ad●it theirs. 41 Ye● somethings have so necessary a consequence, and so immediate a dependence upon the Articles of faith, that a man may be bold to call the contrary Heretical, though no Definition of any Council have pronounced it so● yea som● Notions do so precede the Articles of our faith, that the Articles may be said to depend upon them so far●e, as they were frustrate, if those prenotions were not certain. Of that sort is the immortality of the soul, without which the work of redemption we●e vain. And therefore it had been a viti●ous tenderness, and irreligious modesty, if a man dared not have called it Heretical, to say, that the soul was mortal, till Leo the tenth, in the Lateran Council Decreed it to be Heresy. In septimo l. 5. Tit. 3. c. 8. For though Bellarmine in one place require it as Essential in an Heresy, I hat● have been condemned in a Council of Bishops, De Euchar. l. 3. c. 8. § Ac primum yet he says in another place, That the Pope's alone without Counsels, have condemned man● Heresies. 42 And this liberty hath been used as well by Epiphanius, De Pont. l. 4. c. 3. § Alterum. and S. Augustine in the purer times, as by Castrensis and Prateolus, in the later Roman Church, and of late years (of those which adhere to Calvin's Doctrine, by Danaeus, and of Luther's followers, by Schlusselbergius; all which in composing Catalogues of Heretics, have mentioned divers, which as yet no general Council hath condemned. So did the Emperors in their constitutions pronounce against some Heresies of which no Council had determined. So did the Parliament of Paris in their sentence against castle for the assassinate upon the person of this King of France, pronounce certain words, which he had sucked from the jesuits, and uttered in derogation of Kings, to be Seditious, Scandalous, and Heretical. 42 And if the Oath framed by order of the Council of Trent, and ra●ified and enjoined by the Pope's Bull, be to be given to all persons, then must many men swear somethings to be of the Catholic faith, and some other things to be Heretical, in which he is so far removed from the knowledge of the things, that he doth not only not understand the signification of the words, but is not able to sound, nor utter, nor spell them. 43 And he must swear many things determinately, and precisely, which even after that Council some learned men still doubt, D'A●●in. de pot. 〈…〉 23. n. 5. ●x 〈…〉. As, that a licence to hear confessions, in every Priest not beneficed, is so necessary, necessitate Sacramenti, that except he have such a licence, the penitent, though never so contrite and particular in enumeration of his sins, and exact in satisfactions, and performing all penances, is utterly frustrate of any benefit by virtue of this Sacrament. So therefore a certain and natural evidence of a moral truth, such as arises to every man, That to a King is due perpetual obedience, is better authority to induce an assurance, and to produce an oath, that the contrary is Heretical, than an implicit credit rashly given to a litigious Council, not believed by all Catholics, and not understood by all that swear to believe it. 44 For the other obstacle and hindrance which re●ards them, from pronouncing that this position is heretical, Ann. 1215. ca 3. which is, the Canon of the Lateran Council, enough hath been said of the infirmity and invalidity of that Council by others. Thus much I may be bold to add, that the Emperor under whom that Council was held, never accepted it for a Canon, nei●her in those words, Extra. de Heresi. c. 13. not in that sense, as it is presented in the Canon law; from whence it is transplanted into the body of the Counsels. And the Church was so far from impugning the emperors sense and acceptation thereof, Direct Inqui. l●t. Apostol. pag. 13, 27, 51. that Innocent the fourth, and divers other Pope's being to make use thereof, city the Constitution of the Emperor, not any Canon of a Council in their Directions to the Inquisitors, how to proceed against Heretics. They therefore either knew no s●ch Canon, or suspected and discredited it. 45 Thus therefore that pretended Canon says, If a temporal Lord warned by the Church, do not purge his land of Heretics, let him be excommunicate by the Metropolitan and Conprovinciall bishops; if he satisfy not within a year, let it be signified to the Pope, that he may denounce his subjects to be absolved from their Allegiance, and expose his Land to Catholics, which may without contradiction possess it, the right of the principal Lord (which we call Lord Paramount) being reserved, if he give no furtherance thereunto. And thus far without doubt the Canon did not include Principal and Sovereign Lords, because it speaks of such, as had Lords above them. And where it concludes with this clause, The same Law being to be observed toward them, Cod. l. 1. Tit. 5. l. 4 § Si vero. Qui non ●abent Dominos principales, The Imperial Constitution hath it thus, Qui non habent Domos principales. 46 And certainly the most natural and proper acceptation of Domos Principales in this place, in the emperors Law, is the same as the word, Domicilium Principale, hath in the Canons, which is a Man's chief abiding and Residence, though upon occasion he may be in another place, or have some relation and dependence upon a Prince out of that Territory. And it may give as much clearness to the understanding of this Law, if we compare with it, De Sent. & r●iud the great and solemn Clementine Pastoralis. 47 For then Robert being King of Sicily, that is, such a Principal Lord, as this pretended Canon speaks of, but yet no Sovereign (for he depended both upon the Empire and upon the Church) was condemned as a Rebel by the Emperor Henry the seventh. And Clement the fi●t, annulled and abrogated that Sentence, of the Emperors, upon this reason; That though the King of Sicily held some Lands of the Empire, yet Domicilium suum fovebat in Sicilia, which belonged to the Church, and therefore the Emperor's jurisdiction could not extend to him, b●cause h● had not Domicilium in Imperio● Hereup●on the Gloss enters into Disputation, how far a man which hath goods in one Dominion, sh●ll be subject to the Laws of that place, though his principal Domicilium (as he still c●ls it) be in another. So that it seems the Emperor had this purpose in this Constitution, that t●ose Domini Principales, which were under the jurisdiction and Dependence of the Empire● should endure the penalty of this Law, if the● transgressed it, though they ●ad not there Domos Prin●ipales within the limits of 〈◊〉 ●mpire. For at the time, when this Constitution was made, the emperors thought i● lawful for them to do so, though a hundred year a●●er, Clement t●e fifth, denied by this Canon, tha● they had so large a power. But this Constitution infers nothing against Sovereign Lords, whom the Emperor could not bind by any Constitution of his, because they had no depend●nce upon him. 48 And as t●e Constitution d●ffers from t●e Canon in such ma●er●all words as overthrows that ●ense which they would extort out of it, which is, That Sovereigns are included therein, so doth it in the sense, and in the appointing of the Officer, who shall expel these favourers of heretics. For where the Canon says, Let it be told to the Pope, who may absolve the Subjects, and expose the land the Emperor speaks of himself, we do expose the land. So that he takes the authority out of the Pope's hand; which he would not have done, nor the Pope have cited as to his advantage, that law by which it was done, if either jure Divino such a power had resided in him, or a Canon of a general Council had so freshly invested him therewith. 49 And as it is neither likely that the Emperor would include himself in this Law, nor possible that he should include others as Sovereign as himself, at least: so doth it appear, by the Ordinary Gloss upon that constitution (which hath more authority, than all other Expositors) that that law is made against such Lords and Subjects, as have relation to one another by feudal law; for so it in●erpre●es Dominum temporalem, and Dominum prin●cipalem, to be, when some Earl holds something of a King; which King also must have a dependency upon the Empire, because otherwise the Imperial law could not extend to him. And yet even against those principal Lords, the law seem so severe, that the Gloss says, Non legitur in Scholis. So that so many proofs having been formerly produced, Canons● but that those which are usually offered now, are but rags torn out of one book, and put into another, out of the Extravagants into the Counsels, and this Imperial constitution, which to the Pope himself seemed of more force, than his Predecessors Decretal, neither concerning Sovereign Lords, nor acknowledging this power of absolving Subjects, to be in the Pope, but in himself, no sufficient reason arises out of this imaginary Canon, which should make a man afraid to call that Heretical, which is against his natural reason, and against that main part of Religion, which is, civil obedience. 50 For the Romans dealing more severely, Azor par. 2. l. 4 c. 15. § Item eo. and more injuriously with us, than the Greek Church did with them, when they presented to the Emperor, upon a commission to make an Inquisition to that purpose, 99● errors and deviations in matter of faith, in the Roman Church: of which some were Orthodoxal truths, some, no matter of faith, but circumstantial indifferencies● though they called them all errors in faith; the Roman Church, I say, traducing our doctrine, with as much intemperance and sour language gives us example to call all their errors Heretical. And so, when Drusius in his own defence against a jesuit who had called him Heretic, Serar. Tri●●. l. 3. c. 20. says, That Heresy must be in fundamentis fidei; the jesuit replies, that even that assertion of Drusius is Heresy. 51 And this doctrine and position, which this Oath condemns, will lack nothing of formal and absolute Heresy, if those notes be true, by which Bellarmine designs Heresy, De Euchar. l. 3. C. 8. §. Ac primum. and says, that if that be not Heresy to which those Notes agree, there is no heresy in the world. For, (as he requires to constitute an heresy) we can note the Author, to have been Gregory the seventh; the place to have been Rome, the time between five and 600 years past, And that it began with a few followers, for a Vercelleus. De unitat Eccles. c●●seru. sometimes but fifteene● sometimes but thirteen Bishops adherd to Gregory,) when even the Bishops of Italy favoured the other part: And that it appeared with the admiration of the faithful; for so it is noted to have been, Nowm scisma: And that contradiction and opposition was made by all the Imperial Clergy, and much of Italy itself ● And, for that which is the last note proposed by Bellarmine, that it be condemned by a Council of Bishops, and all faithful people, though that have not yet been done, because God for our sins, hath punished us with a Dearth of Counsels, and suffered us in a hunger, and rage of glory, and false constancy, to eat and gnaw upon one another, with malignant disputations, and reproachful virulencies, yet when his gracious pleasure shall afford the Church, that relief, we do justly hope it will have that condemnation, and so be a consummate heresy, because no Pseudo-Councels as yet have been able to establish the contrary. 52 And though these marks and certain notes of Heresy be tyrannically, and cautelously put by Bellarmine (because it is easy to name many Heresies, in which many of these marks are wanting, of which we know neither Parents, Country, nor age, and which insinuated themselves, and got deep root in the Church, before they made any noise or trouble in the state thereof, an● at the first breaking out, were countenanced with many and mighty favourers, and which no general Council hath yet condemned) yet, as I said, we refuse not these marks, but submit this opinion, to that trial, whether it be properly Heretical, or no. For it will as well abide this trial, as an other, proposed long before by S. Augustine, That he is an Heretic, which for any Temporal advantage, 24. q. 3. Hoeretic. ex. lib. de util. credendi. and advancement of his Supremacy, doth either beget, or fo●low false and new opinions, Which seems directly spoken of this Temporal Supremacy: to which also, S. Paul may justly be thought to have had some relation, Gal. 5.20. when he reckons Heresy, amongst the works of the flesh and worldly matters. 53 But leaving this exact and subtle appellation of Heresy, let him whom that scruple deterrs from the oath, That he must swear the doctrine to be Heretical, consider in what sense our law understands the word in that place. 54 The Imperial Law lays an imputation upon that man, Cod. l. 1. tit. 1. ●e. 5 Qui Saeva verborum praerogativa fraudulenter contra ●uris sententiam abutitur; that he is as guilty as he, which breaks the law. For he which picks a quarrel with a law, by pretence of an ambiguous word, declares that he would sane escape the obligation thereof. But, saith the same law, Ibid. A Lawmaker hath done enough, when he hath forbidden that which he would not have to be done; the rest must be gathered out of the purpose of the law, as if it had been expressed. And no man can doubt, but that the lawmaker in this law, hath forbidden Defection from the Prince; and the purpose of the law, was to provide only against that. Out of which purpose no man can justly collect, that the Deponent should pronounce the contrary Doctrine, so Heretical, as that he which held it, or relapsed into it, might be burnt; but that it was apparently erroneus, and impious, and fit to be abjured; And how little erroneous lacks of Heretical, En●hird. I●d. Tit. 24. n. 20. and wherein they differ, Divines are not agreed, says your Simancha, and it is yet undetermined. 55 Nor is there required in this Deponent, such an assurance in Faith, as belongs to the making of an Article, Formal Heresy, but such an assurance in Moral reason, and human discourse, as Bartholus requires in him which takes and Oath, In Dig. l. 39 de Dam●nfe. le. 13. Nu● 18. when he says, He which swears the truth of any thing, understands not his Oath to be of such a trueth● as is subject to sense, Sed jurat de vehementi opinion. 56 And the word Heretical in this Oath, hath so much force, as the word to Anathematize, hath in many Counsels. As, for example, in that place of the Council of Constantinople, Ca 11. where it is said, Let him be Anathematized, which doth not Anathematize Origen. Which is meant of a detestation and abhorring some of his opinions, not of pronouncing him, a formal and consummate Heretic. For you may well allow a Civil and convenient sense to this word, in this Oath, that it means only Impious, Conc. Trid. Sess. 4 de Peccat. Orig. and inducing of Heresy, since you have bound all the world upon pain of Damnation to believe, That S. Paul called Concupiscence sin, not because it was sin, but because it proceeded from sin, and induced to sin. 57 A great Casuist, and our Countryman, delivers safe Rules which may undeceive them in these suspicions, if they will not be extremely negligent; and Negligentia dissoluta Dolus est. For thus he says, Sayr. Thes. Cas. con●c. l. 3. c. 8. n. 6. & 7. Though a law should provide expressly, that the words of the law should be understood as they lie, yet they must receive their interpretation from the common use of speech; which is, that which the most part in that Country do use. And if both significations may be found in common use, that must be followed, which out of likelihood and reason, seems to have been the meaning of the lawmaker, though it be impropery And his meaning appears, when the word taken in the other sense, would create some absurd, or unjust matter. And as amongst us, those with whom this word Heretical is in most use, which are Divines, use the word promiscuously, and indifferently, against all impious opinions: so especially did the Lawmaker at this time use it, because otherwise, it had been both absurd, to decree a point to be properly heretical, which was not brought into debatement, as matter of faith, and it had been unjust, under colour of requiring civil obedience, to have drawn the deponent, to such a confession, as if he had relapsed and fallen from it after, he might have been burned. 58 And the words of the oath agree precisely to Sayrs rule; for the deponent must swear, according to the express words, and the plain and common sense, and understanding of the same. And Sayr says, That if we must swear to a Law, according to the proper signification of the words, than there is no place for such discretion, and for admitting a divers sense: but the words of our Oath, which are, According to the plain, and common sense, fall directly within his first Rule. 59 And the law hath good warrant and precedent to assume the word, heretical, in such a moderate signification; for so the Scriptures use the word, 1. Cor. 11.19. when S. Paul says, oportet hereses esse, which Gretzer confesses, when to excuse the vulgate Edition, which hath in that place, Desensio. B●ll. l. 2. c. 14. left out the words, In Vobis● he says, It would do no harm to their cause to admit those words, because it is not spoken, De haeresi propriè dicta. 60 And so the general Council of Constantinople within the first ●oure hundred years, ca●. 6. calls some Heretics, though they be not Anathematized by the Church, because they make Conventicles against bishops, and accuse them unorderly, and against the form of Canons. So also doth another Council say of Simony, Turon. 2. ca ●●t. that it is not only Sacrilegious, but heretical. And accordingly to these, a late Pope, Leo 10. in a formal Decree and Bull, uses the word in a like sense. Binius To. 4. fo. 654. For he condemns the Articles imputed to Luther, Tanquam respective haereticos, because out of some of them it would follow, that the Church had erred. But that proposition, out of which the next deducted Conclusion, might be Heresy, is not it sel●e necessarily Heresy, properly understood. 61 And as these do, so also do the Canons in the law, Dist. 11. consuet●d●●em. ver. fid●m. speak in a moderate phrase: For in one place, where the text says, that a thing is done, Contra fidem Catholicam, the Gloss expl●cat●s it, Contra bonos Mores: and in another pl●ce, it interprete the same words so, De Consecrat. Dist. 4. Si non. ●●r. catholicum. because it doth Sapere heresim; and yet it is not heresy: and so we find a late Decretal, to call Simony, True and undoubted heresy; where Gregory is produced, I●septimo Ti●. 3. c. 1. to give this reason why Simony is called heresy, because whosoever is ordained by Simony, is therefore ordained that he may be an heretic. So th●t we see, such acts as beget or accompany heresy, are called heresy in this mild acceptation, which our law gives it. l. 2● ●●uer. 〈◊〉 c. 2. 62 From which sense the Fathers did not abstain in using that word; for Tertullian says, That no man will doubt to call Adam's transgression heresy, since by his own election, he adhered rather to his own will, then to Gods. And in another book he says, De veland. uong. c. 1. Not so much newness, as truth doth convict things to be heresies, for whatsoever tastes against truth, is an heresy, though it be an ancient custom. And so says S. August. (if their own men cite him truly) That Schism is called Heresy, not that it is heresy, but that it disposes to heresy. Alf. castr. adu. Ha●. l. 1. c. 9 63 And the jesuits themselves, who are the precisest and severest accepters of this word, come thus near, That some things tolerated by the Church, though they be not propriè haeretica, ●et th●y are haeresi proxima. De pont. l. 4. c. 5. § Ex his. For so says Bellarmine; and he might justly make this position which we speak of, his example. And his defender Gretzer says, that some opinions are so framed, that though no Decree of the Church have y●t condemned them, Append. ad lib. 1. Bell. § Interin. yet they are enormous, Scandalous, and haeresi proximae. 64 And thus also do the Schoolmen sometimes take it; For so, says Aquinas out of S. Jerome, that he which expounds the Scriptures against the sense of the holy Ghost may be called an heretic, 22 ae. q. 11. Ar. 2. ad 2. though he depart not from the Church. And so have divers compilers of the Ecclesiastic history done; D● Haer●sib. for Epiphanius reckons divers sects of the jews and Gentile Philosophers, amongst Heretics. And Bernardus de Lucemburgo inserts into his Catalogue of heretics, Alf. castr adu. Heres. l. 1. c. 9 Auerros and Avicen, though they were not Christians. And lastly that the word was vulgarly so used, as by many other observations, so is it evident by a Story in Math. Paris, where one upon his deathbed calls the friars heretics for not reprehending the Prelates, catalogue. test. ex Mat. Paris. Anno 1253. & the Prelate's heretics, for conferring Benefices upon unworthy persons: yea in this very case, which we have in hand b vercel. de unitat. Eccles. an author, of your own Religion, pronounces thus of those fifteen Bishops, which adhered to Gregory the sevenths' party, against the Emperor, It is great heresy to resist the Ordinance of God, who only hath power to give Empire, which heresy it appears that those fifteen false Bishops have committed. 65 As therefore all sorts of men, into whose mouths upon any occasion this word was like to come have used the word for Erroneous: and Impious, and Corrupting good manners, and disposing & preparing absolute and proper Heresy, so doth the law accept it in this oath, where it makes it equivalent, and Synonimous, to the words which are joined with it, which are Impious and Damnable: and therefore it is but a Calumny cast upon the law, and a tergiversation picked out for their escape, if any pretend for that word, to decline the Oath. 66 But if this word in this place, were to be understood in the strictest and severest sense, that a jesuit could use it against us, yet he that shall take the Oath, doth not thereby pronounce, that any Position, which attributes any power to the Pope, is heretical. Not, that he may excommunicate a King; no, nor that he may deprive him: but it is thus conceived, That this position is heretical, That Princes which be excommunicate, or deprived by the Pope, may be deposed or murdered by their subjects or any other. So that it casts no Manacles upon the Pope's hands; if he will excommunicate, let him; if he will deprive, let him. Only them, who by his act, (of the goodness or badness whereof this Proposition pronounces nothing) may be misled to an unchristian & undutiful desperatenes, it forewarns, and advises, to a due and just consideration of such proceedings. For, as when men were content to hear heresies, Epist. 39 Turibio. in fine. Leo said wisely, in reprehension of that easiness, They which can hearken to such things, can believe them, So since it is too late to forbid hearing of this heresy, of deposing Princes, since out of Jesuits books, which speak of state-learning, scarce any thing is to be sucked, but it, or such preparatives, as work and conduce to it, it was necessary to begin a step higher than Leo did, and pronounce it heretical, that so none might believe it, since he that can believe it, can be content to afford his help to the doing thereof. 67 And having thus gone as far as I purposed in both parts of this Chapter, in the first whereof I showed, that in special cases new oaths were necessary, and that the form of them ought to be such, as might reach home to the intent thereof, and not be eluded, which had been, if any part of this oath had been omitted, and that their writers, which never teach, that upon a Bishop's excommunication a Prince may be deposed, deny implicitly this power in the Pope, because only that power which was in the Bishops, in this matter, is transferred by Reservation into the Pope, and that where such Depositions are needful, the state is provided naturally with a temporal power to effect it, and therefore it is not necessary to place it in the spiritual, which were monstrous and unperfect, if it should produce, as the most excellent issue thereof, a power so base in their estimation, And that this possibility of being Deposed, is as contrary to Soverainety, as a certain limitation, when he shall be removed, And that those writers, which limit the Pope's power by Natural Reason, and which teach, that in doubts of speculation, we may for all that proceed to practise, as far, as we do in this Oath, And having in the second part declared, That though the Papists make proper, and absolute Heresy, to be without matter of faith, yet we do not so, and yet in points necessarily and immediately issuing out of these principles, a general Council needs not be attended to inform a man's understanding what is Heretical, because the Emperors and other Princes, and divers Authors, and registers of heresies, have pronounced therein before any Decision of councils, and that the Canon which is obtruded, in the name of the Lateran Council, for divers reasons, cannot impeach this proposition, That this Doctrine is heretical, which proposition, though if it were tried by Bellarmine, and by Saint Augustine's description of heresy, it would appear absolutely heretical, yet this law gives it that name in a vulgar and common sense, as Scriptures, Counsels, Bulls of Popes, Fathers, Schoolmen, Historians, jesuits, and the Common sort hath used and accepted it, and that if it be taken in the sharpest sense, the Oath may nevertheless be taken without prejudice, or limitation of any power which the Pope himself claims, I make account that I have discharged my promise and undertaking in this Chapter, and delivered as much, as without inculcating that which hath been formerly said by others, (which I purposely avoided) in this point of the oath need to be said to any, of indifferency or equal inclination. FINIS.