A DISCOURSE Concerning THE LAWS Ecclesiastical and Civil Made against HERETICS BY POPES, EMPERORS and KINGS, Provincial and General Councils, Approved by The CHURCH of ROME: SHOWING, I. What Protestant Subjects may expect to suffer under a Popish Prince acting according to those Laws. II. That no Oath or Promise of such a Prince can give them any just Security that he will not execute these Laws upon them. With a PREFACE against Persecuting and Destroying Heretics. By a Cordial Friend to the Protestant Religion now by Law established in these Realms. Tantum Religio potuit suadere malorum, Lucret. LONDON, Printed for Thomas Basset, at the George in Fleetstreet, 1682. THE CONTENTS OF THE PREFACE. THE Designs of this Treatise are, First, To demonstrate the Falsehood of the Religion of the Church of Rome from the Repugnancy of her deportment toward Heretics: pag. 1. §. I. 1. To Christ's own words to his Disciples, Ye know not what Spirit ye are of, etc. Luke 9 54. which Text is largely handled, p. 2, 3, 4, 5, 6. §. II. 2. To our Lord's Example, p. 7, 8. §. III. 3. To the Example and Deportment of his Blessed Apostles, p. 9, etc. §. IV. 4. To the Parable of the Tares, as it is interpreted by the H. Fathers, p. 15, etc. §. VI 5. To the Principles of the Primitive Professors of Christianity, p. 19, etc. §. VII. 6. To the express Judgement of the H. Fathers, p. 26, etc. §. VIII. 7. To the Practice of the Ancient Church, p. 35, etc. §. IX. An Objection of the Dissenters answered, and our Church and Reverend Bishops freed from the Charge of Persecution, p. 41, etc. Three farther Uses of this Treatise. §. X. 1. To justify the use of lawful means for the Prevention of these Mischiefs, p. 43. §. XI. 2. To stir us up to a serious Reformation of our Lives, and to a Preparation patiently to bear the Cross, should this inhuman Religion once more prevail amongst us; Rebellion against our Lawful Prince being unlawful, scandalous and damnable, p. 44, 45. §. XII. 3. To prevent our being gulled by fair Words, and specious Promises of Toleration, p. 46. A father Reply to the example of the Indulgence of the French King towards the Hugonots, p. 47, etc. THE PREFACE. MY Design in publishing this little Treatise, and the Use which I desire all good Christians to make of it, is, First, To confirm them in the Protestant Religion, by such a sensible Demonstration of the Falsehood of the Religion of the Church of Rome, as men of all Capacities may apprehend. For if this barbarous Deportment towards Heretics be evidently repugnant to the true Spirit of Christianity, if it be contrary to the Example of our Saviour, which we stand bound to imitate; if it be wholly opposite both to the Principles and Practice of the primitive and purest Ages of the Church; I hope this will sufficiently convince Wise men, that the Religion which commands these Cruelties and Inhumanities' cannot derive itself from him who is the God of Love, and Patience, and Mercy, and Pity to the Sons of Men. §. I. Now that to burn, destroy, extirminate all those who differ from us in Religion, and upon that account are called Heretics, (though they be men of peaceable and quiet Lives) and prosecute them according to the Laws here mentioned purely on the account of Conscience, that this, I say, is evidently repugnant to the true Spirit of Christianity, we learn from Christ's own words to his Disciples, who, when a Village of Samaria refused to receive him, because he appeared to them to be going to Jerusalem, ask this Question, Luke 9 54. Lord wilt thou that we command fire from Heaven to come down, and to consume them, as Elias did? For our dear Lord no sooner heard this Question but he rebuked his Disciples, saying, Ver. 55, 56. Ye know not what manner of Spirit ye are of, for the Son of man is not come to destroy men's lives, but to save them. Where observe, 1. That whereas they who are thus persecuted by the Church of Rome, are falsely supposed to be Schismatics and Heretics, the Samaritans undoubtedly were both. For, First, In opposition to the Temple of Jerusalem, which God himself appointed for the Place where he would be worshipped, commanding all men to repair to it, they erected a Temple upon Mount Gerizim, and there they worshipped, deserting the Temple of Jerusalem, this was their Schism. Secondly, They also were Heretics and Idolaters, for they erred in matters which concerned Salvation, they feared the Lord, and served their own gods, 2 Kings 17. 33. And this our Saviour testifieth in these words, John 4. 22. Ye worship ye know not what, we know what we worship, for Salvation is of the Jews. 2. Observe, That whereas Romanists do exercise this Cruelty on them whom they call Schismatics and Heretics, chiefly for their refusing to receive and own him as Christ's Vicar who manifestly doth usurp that Title, these Samaritans refused to receive our Saviour himself in his own Person, and that because he seemed to be going to Jerusalem to worship, so that the Honour of God, and of Religion, and of Jerusalem, the Place of his peculiar Worship, were all concerned in this case. 3. Observe, That the Permission of what was here desired by Saint John and Peter, would have been more effectual for the Conviction of the Heretical, Schismatical Samaritans, than any of the Punishments inflicted by the Inquisition, or any Arts of Papal Tyranny can be for the Conviction of those whom they call Heretics and Schismatics; for these Disciples did not desire that they themselves might execute on the Samaritans this Sentence, by committing them to the Flames, or by imploring the Magistrates assistence to consume or burn them, they only did request that they might call upon the God of Heaven to rain down fire upon them, and consume them; which had it pleased him to do on this occasion, the rest of the Samaritans, by what this Village suffered, must have been evidently convinced by Demonstration from Heaven, of God's displeasure against their way of Worship, and of the Truth of that Messiah and his Doctrine, who procured this Vengeance to be executed upon them; whereas the Persecutions of the Church, because they minister no Conviction to the Conscience, serve only to harden men's Hearts and embitter their Spirits against those who use them, and to induce them more firmly to believe That such a barbarous Religion cannot be of God. From these three Observations it is evident that whatsoever may be pleaded by the Church of Rome to justify her Practice in burning, massacring, extirpating of Heretics and Schismatics, might with advantage have been pleaded here: Doth she practise Dr. Tillotson's Sermon, Nou. 5. 1678. p. 15. her Severities out of a Zeal for Truth, and for the Honour of God and Christ, and of the true Religion, and for the reclaiming Heretics and Schismatics, and the preventing or terrifying others from adhering to them or being deluded by them; upon all these accounts you see that the Disciples had far greater cause to call for fire from heaven upon this Village of Samaria. And yet our Saviour, under these Circumstances, thinks fit to rebuke even the desires of doing this to one small Village; How then will he rebuke the actual performance of it to many hundred thousand Souls, after his solemn Declaration of the Repugnancy of these Proceedings to the Design of his most blessed Advent, and to the Spirit of his Gospel? For the true Reasons why Christ rebuked his Disciples for their Desire of dealing thus severely with these Schismatical and Heretical Samaritans were these. 1. Because this Spirit of Severity towards erroneous persons, in whomsoever it is found, is highly opposite to the calm Temper of Christianity, as is insinuated in that Reply of Christ to his Disciples, Ye know not what spirit ye are of, that is, Ye do not well consider under what Way of Dispensation ye are placed by me. Ibid. p. 7. The Way I come to teach men, the Temper, Disposition and Affection I would fix within them, is not a furious, persecuting and destructive Spirit, but mild, and gentle, and tender of the Lives and Interests of Men, even of those who are our greatest Enemies. Vide Dr. Hammond in locum. Under the Old Testament, indeed, they who rejected and scoffed at a Prophet, suffered severely for it, the Prophet had Commission to call for fire from heaven to devour them presently, curse them in the name of the Lord, 2 Kings 2. 24. But they who reject and crucify Christ are by him prayed for, and are, by his Command, to be still preached to, and, if possible, brought to Repentance, and according to this Example, so are all Christians to conform themselves, acting towards Contemners of their Persons, or Rejectors of their Doctrine, not according to the legal, but the evangelical Dispensation; not according to the Severity of Elias, but the Meekness and Gentleness of Christ. And therefore your Desire of proceeding according to the extraordinary Spirit of Elias, under the gospel Dispensation, is intolerable; for that designs universal Love, Peace and goodwill even to Enemies, it doth engage us to show all meekness to all men, Tit. 3. 1. and so no Difference of Religion, no Pretence of Zeal for God, can justify this fierce, vindictive and exterminating Spirit. Our Saviour's second Reason against this Proceeding is, That it was repugnant to the End for which he came into the World, which was, not to destroy men's lives, but to save them: Dr. Tillot. ibid. p. 8. He came to discountenance all Fierceness, and Rage, and Cruelty in men one towards another, to restrain and subdue that furious and unpeaceable Spirit which is so troublesome to the World, and the cause of so many Mischiefs and Disorders in it, to beget a peaceable Disposition in men of the most distant Tempers, making the Lamb and Wolf lie down together, and no more to destroy and hurt each other, Esa. 11. 6, 9 but turn their swords into plowshares, Es. 2. 4. and their spears into pruning-hooks; Mich. 4. 3. engaging them to lay aside all bitterness and wrath, anger and clamour, and evil-speaking, with all malice. Eph. 4. 31. He came to introduce that excellent Religion which consuits not only the eternal Salvation of men's Souls, but their temporal Peace and Security, their Comfort and Happiness in this World: Whose Fruits are righteousness and peace, Rom. 14. 18. love, peace, long-suffering, gentleness, goodness and meekness, Gal. 5. 22, 23. whose wisdom is pure and peaceable, gentle, and easy to be entreated, full of mercy and good works, Jam. 3. 17. and which commands the wise and knowing man to show forth out of a good conversation his works with meekness of wisdom, ver. 13. condemning all his bitter zeal as earthly, sensual and devilish, ver. 14, 15. which suffers not the Servant of the Lord to be engaged in foolish questions which beget strife, because that the Disciple of this mild and gentle Saviour must not fight, but must be gentle towards all men, patient, in meekness instructing those that oppose themselves against the truth, though their doctrine spread as a gangreen, and overthrow the faith of some, 2 Tim. 2. 24, 25,- 17, 18. not dispatching them out of the way, as is the manner of the Romanist, but with Long-suffering expecting if God peradventure will give them repentance to the acknowledgement of the truth: Which teacheth us to bear the infirmities of persons weak in Faith, Rom. c. 15. v. 1. to restore them in the spirit of meekness, Gal. 6. 1. to become as weak to the weak, that we may gain the weak, 1 Cor. 9 22. to bear with the weak, and be long suffering to all men, 1 Thess. 5. 14. to speak evil of no man, to be no fighters, but meek, showing all gentleness towards all men, and that upon this sole account, that we ourselves were sometimes foolish and deceived, Tit. 3. 2, 3. Now both these Reasons are such as equally concern all Persons, Magistrates as well as Ministers, men who thus persecute out of misguided Zeal towards God, as well as they who do it out of Envy, Hatred, and such carnal Principles. And they seem plainly to infer, that no man should be persecuted, as in the Church of Rome men are, purely for his mistake concerning, or his denial of any Article of Faith revealed by the Gospel, but only for seditious and treasonable Doctrines, or for such Crimes as, had the Gospel never been revealed, might justly have been punished by the civil Magistrate, or for seducing others from the Truth, when by the Magistrate they are forbidden so to do, or propagating and divulging their pernicious Errors to the Disturbance of the civil Peace. §. II. 2. Against this barbarous Deportment towards our fellow Christians it may be farther argued from the Example of our Saviour and the Deportment of his Blessed Apostles. For, 1. Our Saviour's Miracles were not destructive to Mankind, but beneficial to them, whereas he could, and, had he been of the same Judgement with the Church of Rome, he should have exercised his Power to the Destruction of those false Prophets who deceived many, Matt. 24. 11. and of those Scribes and Pharisees who did so vigorously oppose the Propagation of the Gospel, and who ascribed his Power of working Miracles to Beelzebub, Matth. 12. 24. and by so doing became guilty of the impardonable Sin. v. 32. For what can be pretended for the Exercise of this Severity at present, which might not with advantage have been then pretended? What can be said for doing this by humane Power, which might not have been said more plausibly for doing it by divine Power? Will you say the Scribes and Pharisees did ignorantly oppose the Gospel, and therefore by our Lord's Example are to be forgiven, that they were objects of God's mercy, because they did it ignorantly in unbelief, 1 Tim. 1. 13. as well as Paul? No doubt their Ignorance was as gross as that which they can reasonably object to us whom they call Heretics, and therefore the Example of our Saviour's Prayer, Father forgive them, they know not what they do, and of God's Mercy to Saint Paul, more strongly plead for Mercy towards them, whom without Mercy they destroy. Were not those blind Guides, who led their Followers into the pit, Matth. 15. 14. who made their Proselytes ten times more the children of Satan than themselves, who neither would enter into the Kingdom of God, nor suffer other men to enter, Matth. 23. 13, 15. as fit objects of our Lord's Displeasure, as was Huss, and Jerome of Prague, Archbishop Cranmer, Latimer and Ridley, of the displeasure of the Church of Rome? Was not the Execution of Death from Heaven upon these violent Opposers of the Truth as likely to convert the Jew or terrify the Enemies of the Gospel, as is the burning, massacring, tormenting of the Heretics, to fright them from their Heresies? Might not our Lord as well have called for his twelve legions of Angels to destroy the Scribes and Pharisees, as his pretended Vicar gathers his Crusadoes to destroy the Heretics? And might he not more plausibly have pleaded Zeal for God and for Religion in his Case, than doth the Church of Rome in hers? But, notwithstanding all these Provocations and specious Pretensions, our Lord, Dr. Tillotson, ibid. p. 13. intending that his Religion should be propagated in humane ways, and that men should be drawn to the Profession of it by the Bands of Love, and the Cords of a Man, by the gentle and peaceable Methods of Reason and Persuasion, gave no example of a furious Zeal and religious Rage against those who despised his Doctrine. It seemed good to the Author of this Institution to compel no man to it by temporal Punishments, when he went about making Proselytes he offered violence to no man, only said, if any man will be my disciple, if any man will come after me. And when his disciples were leaving him, he does not set up an Inquisition to torture and punish them for their Defection from the Faith, only says, Will ye also go away? John 6. 67. §. III. But to proceed to the Example and Deportment of those Apostles by whom the Gospel was first propagated, let us consider, 1. That in their days the Heretics were as pernicious, the false Prophets and Deceivers as dangerous, and so as fit to be cut off, as were the Heretics, who have, and do thus suffer in the Church of Rome. Our Saviour did foretell that Matt. 24. 11, 24. they would deceive many, and, if it were possible, even the elect. St. Paul, Act. 20. 29, 30. That grievous Wolves should enter into the Church, not sparing the flock; That men should speak perverse things, to draw away disciples after them; 1 Tim. 4. 1. That in the latter times some should depart from the Faith, giving heed to seducing Spirits and doctrines of Demons, speaking lies in Hypocrisy, etc. St. Peter, 2 Pet. 2. 1, 2. That there should be false Prophets among them who should bring in damnable Heresies, even denying the Lord that bought them, by reason of whom the way of truth should be evil spoken of: They declared concerning these Deceivers, Rom. 16. 18. That by good words and fair speeches they deceived the hearts of the simple; Gal. 3. 1. That they bewitched them, that they should not obey the truth; 5. 2, 4. That they made them fall from grace, and rendered Christ unprofitable to them; 2 Tim. 2. 17, 18. That their Doctrine did spread as a Gangreen, and overthrow the Faith of some; Tit. 1. 11. That they subverted whole houses, teaching things which they ought not, particularly, Rev. 2. 20. that Jezabel, calling herself a Prophetess, did pervert Christ's servants, and teach them to commit whoredom, and eat things offered to Idols; That by means of these false Teachers, and Corrupters of the Truth, some had already swerved from the Faith, turning aside to vain janglings, 1 Tim. 1. 19 some had made shipwreck of the Faith, and that they were in doubt of others; 2 Cor. 11. 2, 3. that they were jealous over them with a godly jealousy, and feared lest as the Serpent beguiled Eve through his subtlety, so their minds should be corrupted from the simplicity that is in Christ. So that you see, they had great reason to do themselves, and to advise the Rulers of the Church, civil and sacred, in future Generations, to do all that was proper and fitting to be done by Christians for the rooting up of these tares, and the delivering the Flock of Christ from their pernicious Delusions. 2. Consider that the Disciples of our Lord could have confounded all these Heretics, false Prophets and Deceivers, and by a word have sentenced them to death, as Peter in the case of Ananias and Saphira did, had they conceived this method of proceeding suitable to the Mind of God, the Rules of their Profession, and tending to the Edification of the Church. For they were furnished with a Power of working Miracles, the 2 Cor. 10. 4, 5, 6. weapons of their warfare were not carnal, but mighty through God, to the pulling down of strong holds, and casting down every thing that exalted itself against the knowledge of Christ, and to revenge all disobedience against him: they had a Power given them by Christ, 2 Cor. 13. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to use severity, provided that it were for edification, and not for destruction, 1 Cor. 5. 13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to take away, or, to cut off the wicked person from among them by the Spiritual Sword; The Kingdom of God preached by them was not in word only, but in power, they had 1 Cor. 4. 21. a Rod for the Chastisement of those refractory persons on whom the Spirit of Meekness could not prevail, and they could Chap. 5. 5. give men up to Satan for the destruction of the flesh; but yet we never find that they did use their Power to inflict Death upon the Heretic or the Deceiver, or that the Power of the Lord, which did attend upon their Censures, ever did thus operate. But on the contrary, the Father's note that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Oecum. in 1 Cor. 5. 5. p. 408. Gr. Theodoret. in locum. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Chrysost in locum. Apostle setteth bounds to the chastisement of the Devil, permitting him to afflict the body of the wicked person, or the Heretic, with a disease, or boil, but not to take away his life, as in the case of Job. 3. Consider, that these Apostles, knowing by the Spirit, that the Christian Faith would certainly prevail, and after a few Centuries would have the Favour and the Protection of the Civil Magistrate, could, had they thought it meet, have left, in those most Sacred Books which they composed to be a Rule of Faith and Manners to all future Ages, some Directions to the Civil Magistrate for dealing with the Heretic agreeable to the Decrees of Roman Councils; for it is not to be supposed that they either wanted Zeal for that Religion which they promoted with the loss of Life, and all things in this World desirable, to prompt them so to do, or that they wanted Wisdom to know what was the best and truest method of promoting or of preserving that Religion which they had preached throughout the World. 4. Consider that the Apostles showed their Care and Zeal for preservation of the Church from the pernicious Doctrines and Delusions of these false Teachers, by all other ways which they judged proper for this End. For, 1. We find in their Epistles frequent Exhortations to the Christian to (a) 1 Cor. 16. 13. stand fast in the Faith, to (b) Hebr. 10. 23. hold fast the Profession of the Faith without wavering, to (c) 2 Tim. 1. 13. hold fast the form of sound words, to (d) Tit. 1. 9 hold fast the faithful word as they had been taught, against all Opposers, to (e) 1 Pet. 5. 9 be steadfast in the Faith, to (f) Jud. 3, 20, 4. contend earnestly for the Faith, and to build up ourselves in our most holy Faith, and that because of certain men crept in among them who turned the grace of God into lasciviousness; to (g) Act. 14. 22. continue in the Faith, and in (h) John 8. 3. the Word of Christ, and (i) 2 Tim. 3. 14. in the things which they had learned. 2. They gave all Christians notice of these False Teachers and Deceivers that they might avoid them, and beware of their Delusions. Beware of false Prophets saith our Saviour, by their works you shall know them, Matth. 7. 15. See to it, saith he, I have told you of them, Mark 13. 23. Mark them, and avoid them, saith Saint Paul, who cause divisions and offences, contrary to the doctrine which you have received, Rom. c. 16. v. 17. Beware of dogs, beware of evil workers, beware of the concision, saith the same Apostle, Phil. 3. 1. turn away from them, 2 Tim. 3. 5. beware jest, being led away by the error of the wicked, you fall from your own steadfastness, saith Peter, 2 Pet. 3. 17. 3. They frequently exhort the Rulers of the Church to take heed to their Flocks, and to be watchful to preserve them from these Wolves, Act. 20. 28, 31. to stop their mouths, and to rebuke them sharply, Tit. 1. 11, 13. to reject, and to turn from them, 2 Tim. 3. 5. Tit. 3. v. 10. And our Lord, Christ himself, rebukes the Church of Thyatira, for suffering Jezabel to seduce his Servants. 4. They sometimes did deliver up to Satan those who made shipwreck of the Faith, and who had overthrown the Faith of some, as in the case of Hymeneus and Alexander, 1 Tim. 1. 19, 20. they declare that they were ready to revenge the disobedience of the Seducers of the Church of Corinth, 2 Cor. 10. 6. they wished them cut off who troubled the Church, as in the case of the Galathians, Gal. 5. 12. And that God would reward them according to their works, as in the case of Alexander, 2 Tim. 4. 14. And yet, though in another Instance, and for another Crime, they once inflicted Death upon two Members of the Church, yet did they never do it in the case of Heresy, but on the contrary, they declared their Power was given not for Destruction, but Edification. 2 Cor. 13. 10. 5. Consider that their miraculous proceedings against Heretics, had they thought fit to act after the manner of the Church of Rome, must have been more convincing to the remaining Heretics, and more effectual to preserve others from the infection of their Heresy, and for all other pious ends, than humane Punishments can be supposed to be, they being Demonstrations from Heaven of the Falsehood of the Doctrine of the Heretic, and the Displeasure of the Lord against it, they being done, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by the power of the Lord, confirming the Sentence of these Church Governors, must be a Confirmation of the Justice of that Sentence. Whereas the Proceedings of the Church of Rome can have no such effects, but rather tend to harden persons in their supposed Heresy, and show that they of Rome distrust the merits of that Cause which cannot be maintained by any other Arguments but Fire and Faggot, Swords and Inquisitions. That therefore the Apostles declined this method of proceeding, that they gave no Instructions to future Ages to deal with Heretics in such a bloody manner, is a convincing Demonstration, that they conceived such Actions were repugnant to Christianity, and to that Doctrine which they preached. And truly, Dr. Tillotson, p. 11. if Christianity can be contradicted, it is most palpably and grossly done by those men, who, instead of showing all meekness towards all men, though foolish and deceived, do by inhuman Cruelties and Persecutions, by barbarous Inquisitions, bloody Massacres, endeavour to extirpate all that differ from them; who, instead of instructing in meekness those that oppose themselves, if God peradventure will give them repentance to the acknowledgement of the truth, convert them with Fire and Faggot, and render it impossible for them to repent; who, instead of chastising the Flesh, that the Soul may be saved in the day of the Lord Jesus, and labouring to recover them out of the snare of Satan, give them up quick into his hands, their Bishops being not ashamed to say at the Condemnation of an Heretic, Jam committimus Animam tuam Diabolo, We commit thy Soul to the Devil. §. IV. Besides these, other Reasons have been used by our Divines against this kind of Persecution, and putting Heretics to death, which, though they seem not to me so convincing as the former Arguments, yet were they used by the Ancient Fathers to that very purpose for which they were produced by our Writers, and so deserve to be insisted on, at least to show the full agreement of the Ancient Fathers with us in this Point. And, Matt. 13. 29, 30. Dr. tailor's Liberty of Prophecy, Chap. 13. 1. They plead our Lord's Command, who saith to his Servants, Gather not the Tares by themselves, but let them both grow together till the harvest; Where the Enquiry will be, First, What is meant by Tares, or, The children of the Wicked one; Whether Persons wicked only in Re practica, or vicious in their Lives, or men criminal or faulty in Re intellectuali, perverse in Judgement, and reprobate concerning the Faith, for one or other of these two must be meant, but the former cannot be meant, because it would destroy all Bodies politic, which cannot consist without Laws, nor Laws without Compulsion and the Power of the Sword; so that if Criminals were to be let alone till the day of Judgement, Bodies politic must stand or fall at the pleasure of Wicked men, and nothing Good could be protected, not Innocence itself; nothing could be secure but Violence and Tyranny; it follows then that the Persons whom Christians are forbidden here to root out of the field, must be men faulty in another kind, in which the Gospel had not in other places clearly established a compulsory Power of this Nature: since therefore in actions practically criminal, a Power of the Sword is permitted here, where it is denied, the Crime must be not in things practically criminal, but intellectual, that is, in Matters properly heretical. And this Interpretation is confirmed by the Reason of the Prohibition, which is this, lest we also pull up the Wheat with them, that is, lest we by our mistake destroy those Persons, who, notwithstanding their Ignorance or Error in some unnecessary Points of Faith, may be good men; we being not so able to discern whether they err through obstinacy or perverseness, or only through ignorance or weakness, as we are to discern the outward actions of the vicious Person, which deserve to be punished. Secondly, For Explication of this Precept, it will be necessary to inquire, what it is to gather up these Tares; now Christ himself informs us, that it is the same to gather up, and to root the Tares out of the field, in which the Enemy had sown them, that field is, saith our Saviour, the world, and therefore to root these Tares out of this field, is to destroy them out of the World. The Prohibition therefore lies against the use of the temporal Sword in cutting off these Persons. Accordingly Saint Chrysostom concludes, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. To. 2. pag. 297. that Heretics are not to be cut off. Theophylact upon the place declares, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Theophyl. in locum.. that God permits not Heretics to be consumed by Wars, lest the Just should perish with them. The Observation of St. Austin on the place is this, Dicam, inquit, Messoribus, unde intelligitur colligendorum zizaniorum ad comburendum alia esse ministeria, nec quenquam Ecclesiae filium, N. B. debere arbitrari ad se hoc officium pertinere.— potest ei suboriri voluntas, ut tales homines de rebus humanis auferat, si aliquam temporis habeat facultatem, sed utrum facere debeat, justiciam Dei consulit, utrum hoc ei praecipiat vel permittat, & hoc officium esse hominum velit, hinc est quod Servi dicunt, Vis imus & colligimus ea? quibus Veritas ipsa respondet— non esse tales auferendos de hac vita nè cum malos conatur interficere, bonos interficiat, quod fortè futuri sunt,— sed tunc opportunè fieri cum jam in fine non restat vel tempus commutandae vitae, vel perficiendi ad veritatem, etc. an fortè ideo simul eradicatur triticum cum auferuntur zizania, quia multi primo zizania sunt, & postea triticum fiunt, qui nisi patientèr, cum mali sunt, tolerentur ad laudabilem permutationem non perveniant, itaque si evulsi fuerint, simul eradicabitur & triticum, quod futuri essent, si eis parceretur. August. Quaest ex Matth. lib. un. cap. 12. To. 4. p. 366, 367. that our Lord, speaking to his Servants, saith not, in the time of the harvest I will say to you; but I will say to the Reapers, whence, saith he, we may learn that the work of gathering the Tares to burn, belongs to other Ministers, and that no Son of the Church ought to conceive that Office doth belong to him. When the Servant sees so many Falsities of Heresies, he may have a desire, saith he, that such men should be taken out of the World, but then he consults the Justice of God, whether he commands, or permits, or would have this to be the Duty of men. Hence the Servants say, Wilt thou that we gather up the Tares? To whom he, who is Truth itself answers, That such men are not to be taken out of the World, lest whilst men endeavour to kill the bad, they also kill the good, or such as perhaps would be such. But this will commodiously be done when, at the end of the World, there remains no more time for Change of Life: And perhaps, saith he, therefore the Wheat is rooted up with them when the Tares are taken away, because many are first Tares, and afterwards Wheat, who, unless they are patiently born with when they are bad, come not to a laudable change; and therefore, if they be plucked up, the Wheat will be plucked up with them, because they would have been such had they been spared. Euthymius, on the place saith, that by the Harvest our Lord understands the end of the World, and therefore commands his Servants that they should suffer the Heretics to live with them, non ablatos quidem, sed separatos, though separated from them, it being likely that before that time many of them may be converted. 2. It is urged by our Divines that when our Saviour went about to make Proselytes, he offered violence to no man, only he said, if any man will be my Disciple, if any man will come to me; and that when his Disciples were leaving him he did not set up an Inquisition to torture them for their defection from the Faith, only said, Will ye also go away? And the same Argument is twice produced by Saint Athanasius against the persecuting Arians, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Athan. Epist. ad solit. vitam agentes, p. 830, 831. And p. 855. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; The Devil, saith he, because he hath no truth in him, invades the doors of them who receive him with an axe and hatchet, our Saviour on the contrary is mild, and saith, If any man will follow me, and be my Disciple; and when he comes to any one, he doth not offer violence, but only knocks, and saith, Open, my Sister, my Spouse. And if they open, he enters, if not, he departs, for Truth is not to be preached with the Sword and military preparation, but by counsel and persuasion. And again, Our Lord himself not offering violence, but giving place to humane choice, said to all, If any man will come after me; and to his Disciples, Will ye also go away? This Heresy therefore, which is perfectly repugnant to Piety, What should it do, but that which is contrary to our Saviour? §. V. The Reasons against this Deportment towards Heretics are also very cogent, but they are so incomparably managed by Dr. Taylor, in his immortal Book styled The Liberty of Prophesying, that 'tis not easy to add any thing of moment to them. I therefore only shall take notice of one passage in him, viz. §. 13. Numb. 12. That it is one of the Glories of Christianity, that it came in upon the World with no other Force but that of Reason and Demonstration of the Spirit; that towards the Persons of men 'twas always full of Meekness, Charity, Compliance, Toleration, Condescension and Forbearance, restoring persons overtaken with an Error in the Spirit of Meekness: Now things are best preserved by that which gives them their first Being, and which agrees best with their Temper and Constitution, and it would be a mighty Disparagement to so glorious an Institution, that in its Principle it should be merciful and humane, and in the Propagation of it so inhuman, and it would be improbable and unreasonable, that the Sword should be used in the persuasion of one Proposition, and yet in the persuasion of the whole nothing like it: To do so may serve the end of a temporal Prince, but never promote the Honour of Christ's Kingdom. §. VI Moreover, This bloody, persecuting Temper, as it is contrary to Scripture, so also doth it flattly contradict the Principles and Practice of the Ancient Church, and of the Primitive Professors of the Christian Faith; it is repugnant to many Principles which then obtained amongst Christians. For instance; 1. It was a Principle which generally obtained among Christians till the days of Constantine, and afterwards continued to be maintained by many Fathers of the Church, viz. That men were to be left to their Freedom in Matters of Religion, and not to be compelled by outward Punishments to the Profession of it. (a) Humani juris, & naturalis potestatis est, unicuique quod putaverit colere,— sed nec Religionis est cogere Religionem, quae spontè suscipi debeat, non vi. Tertull. ad Scap. cap. 2. Videte, nè hoc ad irreligiositatis elogium concurrat, adimere libertatem Religionis, & inter dicere optionem Divinitatis, ut non liceat mihi colere quem velim, sed cogar colere quem nolim. Apol. cap. 24. This, saith Tertullian, is the natural Right of all men, to worship what they think fit. It is no business of Religion to compel men to Religion; for that, saith he, must be embraced willingly, and not of Force. Consider, saith the same Tertullian, whether this do not add to your Irreligion, to forbid the Freedom of Religion, and interdict the choice of a Deity, that I may not worship whom I will, but must be compelled to worship whom I would not. (b) Quis imponat mihi necessitatem vel colendi quod nolim, vel quod velim non colendi? Quid jam nobis ulterius relinquitur, si etiam hoc, quod voluntate fieri oportet, libido extorqueat aliena? Lactant. l. 4. cap. 13. etc. 19 Non est opus vi & injuria; quia Religio cogi non potest, verbis potius quam verberibus res agenda est, ut sit voluntas— Quid ergo saeviunt? ut stultitiam suam dum minuere volunt, augeant? Longè diversa sunt carnificina & pietas, nec potest aut veritas cum vi, aut justitia cum crudelitate conjungi. Nihil est enim tam voluntarium quam Religio, in qua si animus Sacrificantis aversus est, jam sublata, jam nulla est. Who may impose upon me, saith Lactantius, a necessity either of worshipping what I would not, or of not worshipping what I would? What have we farther left, if another Lust may extort from us that which ought to be done freely? There is here no need of Force or Injury, saith he, for Religion cannot be compelled, you must use Words, not Stripes to make men willing. Why therefore are men cruel? that whilst they do endeavour to diminish, they may augment their Folly? Torments and Piety extremely differ, nor can Religion consist with Force, or Justice be conjoined with Cruelty. For nothing is so voluntary as Religion, in which, if the mind of the Sacrificer be averse, the Religion is lost, and is none at all. The Epistles of the Arians, saith Hilary, (c) Quid aliud his literis quam libertatem fidei, & contagionem Ariani nominis deprecantur, orántque vincula, carceres, tribunalia, etc. Deus cognitionem sui docuit, potius quam exegit, & operationum exlestium admiratione praeceptis suis concilians auctoritatem, coactam consitendi se aspernatus est voluntatem, si ad fidem veram istiusmodi vis adhiberetur, Episcopalis doctrina obviam pergeret, dicerétque, Deus universitatis est, obsequio non eget necessario, non requirit coactam confessionem, non fallendus est, sed promerendus, simplicitate quaerendus est, confession discendus est, charitate amandus est, timore venerandus est, voluntatis probitate retinendus est: at verò quid istud quod Sacerdotes timere Deum vinculis coguntur, poenis jubentur? Sacerdotes carceribus continentur, etc. Hilar. lib. ad Constantium Augustum, pag. 338, 339, 340. Ideirco laboratis & salutaribus consiliis Rempublicam regitis,— ut omnes quibus imperatis duleissimâ libertate potiantur. Non aliâ ratione quae turbata sunt componi, quae divulsa sunt coerceri possunt,— permittat lenitas tua populis ut quos voluerint, quos putaverint, quos elegerint, audiant docentes. Pag. 338. what do they do, but deprecate the liberty of Faith, and beg for Bonds, and Prisons, and Tribunals, and all that is pernicious; whereas God rather taught, than exacted the Knowledge of himself, and ascertaining the Authority of his Commands by Works of Power, despised all compelled confession of himself. If such Force should be used to compel your Faith, (saith he to the Arians) the Episcopal Doctrine would oppose it, and would say, God is the God of the whole World, he needs no compelled obedience, nor requires any such confession of him; he is not to be deceived, but well-pleased. God is to be sought with Simplicity, learned by Confession, loved by Charity, worshipped by Fear, retained by Probity of Will; whence is it (therefore) that Priests are compelled by Bands, and commanded by Punishments to fear God? that they are imprisoned, etc. Therefore do ye labour and rule the Commonwealth with salutary Councils, saith he to the Emperor, that all under your Government may enjoy the sweetest Liberty, there is no other way to compose our Troubles; let (then) thy Lenity permit the People to hear them teaching whom they would hear, whom they think meet, whom they choose. 2. They also thought it an indecent and unworthy thing to call in the Secular Arm for the assistence of Religion, and for the Punishment of Errors in Religion, or Assronts offered by them to the Deity. Saint Hilary, in his Book against Auxentius of Milan, represents them who did this, not as the Bishops of Christ, but the Servants of Antichrist. And (d) Ac primum misereri licet nostrae aetatis laborem, & praesentium temporum stultas opiniones congeiniscere, quibus patrocinari Deo humana creduntur, & ad tuendam Christi Ecclesiam ambitione seculari laboratur. Oro vos, Episcopi, qui hoc vos esse creditis, quibusnam suffragiis ad praedicandum Evangelium Apostoli usi sunt? quibus adjuti Potestatibus Christum praedicaverunt, gentésque ferè omnes ex Idolis ad Deum transtulerunt? Anne aliquam sibi assu●ebant è Palatio dignitatem, hymnum Deo in carcere, inter catenas & flagella cantantes? Edictisque Regis Paulus Christo Ecclesiam congregabat? Nerone se, credo, aut Vespasiano, patrocinantibus, tuebatur, quorum in nos odiis confessio divinae praedicationis effloruit? At nunc, proh dolour! divinam fidem suffragia terrena commendant, inopsque virtutis suae Christus, dum ambitio nomini suo conciliatur, arguitur. Terret exiliis & carceribus Ecclesia, credique sibi cogit, quae exiliis & carceribus credita est, pendet à dignatione Communicantium, quae persequentium est consecrata terrore, fugat Sacerdotes, quae sugatis est Sacerdotibus propagata, diligi sese gloriatur à mundo, quae Christi esse non potuit, nisi eam mundus odisset. Idem Epist. ad Auxentium, p. 347. first, saith he, we ought to pity the Labour of our Age, and groan at the fond Opinions of the present Times, in which men think to defend God by men, and labour to preserve the Church of Christ by Secular Ambition. I beseech you Bishops, who conceive yourselves to be so, What Suffrages did the Apostles use in Preaching of the Gospel? and by what Powers were they assisted when, Preaching Christ, they converted the heathen World from Idols to God? Did they assume to themselves any Authority from the Palace, when they sang Hymns to God in Prison? Did Paul gather a Church to Christ by the King's Edict, who was himself a Spectacle in the Theatre? Did he defend himself by the Protection of Nero, or Vespasian, by whose Hatred against us the Preaching of our Faith then flourished? But now, which is to be lamented, earthly Suffrages commend divine Faith, and Christ is represented as destitute of his Power, whilst the Favour of men is purchased in his Cause. The Church terrifies by Exiles and Prisons; she compels Belief, which was believed in Exiles and Prisons; she which was consecrated by the Terror of Persecutors, depends upon the Favour of them who communicate with her; she puts to flight Priests, which was propagated by Priests put to flight; she glories that she is beloved by the World, which could not be the Church of Christ, if the World did not hate her. The Plea of Heathens for their Cruelty against the Christians was to this effect, That they did punish Christians, to revenge the injuries done by their Faith and Doctrines to their Gods. This, say the Ancient Fathers, is a ridiculous and absurd method of proceeding, and you ought rather to leave the Sacrilegious and Impious Transgressor's of their Laws to the Vengeance of your gods. For, (e) Si quid diis tuis numinis & potestatis est, ipsi in ultionem suam surgant, ipsi se sua majestate defendant; aut quid praestare colentibus possunt, qui se de non colentibus vindicare non possunt? Cyprian. ad Demetr. §. 12... if your deities have any power, saith St. Cyprian, let them rise up, and vindicate themselves, and by their Majesty defend themselves; for what can they do for those that worship them, who cannot vindicate themselves from those who do not worship them? (f) Ergo humana patrocinia dii quaerunt? & nisi vestra fuerint assertione protecti, idone● non sunt ipsi qui propulsare, defendere suas valeant contumelias. Arnob. l. 1. p. 11. Is it so, saith Arnobius, that the gods desire the Protection of men? Are they not able without your asserting of their Cause to defend themselves, and to repel the Calumnies of us Christians? (g) cum puniunt deprehensos in Sacrilegio, ipsi de deorum suorum potestate diffidunt, cur enim illis non relinquunt ulciscendi sui locum, si eos posse aliquid arbitrantur? Lact. lib. 2. cap. 4. When the Heathens punish the Sacrilegious, saith Lactantius, they distrust the power of their gods, for if they think they can do any thing, why do they not leave them to execute their own Vengeance on such persons? 3. Another Principle, though not so generally embraced, yet taught by many Eminent Assertors of the Christian Faith, was fundamentally repugnant to this cruel Butchery, viz. That their Religion did not permit them to kill, or, even to behold the shedding humane blood. It was objected to them by the Heathens, that in their Meetings they murdered little Children, and did feast upon their Flesh and Blood. This, say the Fathers, is a thing impossible, because the Christian Faith doth not allow of Murder, or Shedding humane Blood. (h) Nobis Homicidium nec videre fas, nec audire. Minuc. p. 34.. We are so far from Killing men, saith Minucius, that 'tis not lawful for us to behold Manslaughter. (i) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Athenag. Legat. p. 38.. Can any man, saith Athenagoras, object to them that they kill men, who, as they know, dare not see a person justly slain? It is in no case lawful to destroy men, saith (k) Ergo si Homicidium facere nullo modo licet, nec interesse omnino conceditur, nè Conscientiam persundat ullus cruor. Lact. l. 6. c. 20. In hoc Dei praecepto nullam prorsus exceptionem fieri oportet, quin occidere hominem sit semper nefas, quem Deus sanctum animal esse voluit, Ibid. Neque accusare quenquam crimine capitali justo licebit, quia nihil distat utrúmne ferro, an verbo potius, occisio ipsa prohibetur. Ibid. Lactantius, or to be present where they suffer, lest the Blood slain the Conscience; there is no exception from this Precept, for it is always a Wickedness to kill that man whom God hath made Sacred. A Just man therefore will accuse no man of a Capital Crime, it being all one to kill men with our Words or with our Swords: The Servant of the Lord, saith (l) Fidelis neque judicet de capite alicujus, vel pudore, neque damnet, neque praedamnet; neminem vinciat, neminem recludat aut torqueat. Tertal. de Idololat. cap. 17, & 19 Et praelio operabitur filius pacis, cui nec litigare conveniet? Et vincula, & carcerem, & tormenta, & supplicia administrabit, nec suarum ultor injuriarum? De Coron. cap. 11. Tertullian, may not judge in Capital Causes, he may not condemn as a Judge or a Lawmaker; he may bind, imprison, torture no man. Will he, who doth not revenge his own Injuries, inflict on others Bonds, Prisons, Torments, Punishments? If Christian Religion, saith (m) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Orig. contra Celsum. l. 3. p. 115. Origen, had received its Rise from Sedition, as Celsus saith, surely their Legislator would not have forbid them to kill men, teaching, that action was unjust which his Disciples did attempt upon the most wicked person, Mat. 26. 52. for he conceived it unbecoming his Divine Laws, any way to yield to the Death of a man, nor would the Christians, had they had their beginning from Sedition, admitted such mild Laws as give them up to be slain like Sheep, and will not suffer them to help themselves against their Persecutors, or to repel Injuries. Let then our Adversaries judge whether these Principles can be consistent with the Doctrines of their general Councils, and with their Practice of burning and destroying all whom they call Heretics, and binding Christian Magistrates to do so? Whether these Fathers do not expressly teach, that their Proceedings against Heretics are irreligious, inconsistent with Religion and Justice, opposite to the Episcopal Doctrine, ridiculous, absurd, and matters of just Lamentation? Whether they do not say, that their Severity in this kind is a Conviction of their Folly, and that they, by promoting it, do act not like Christ's Bishops, but the Servants of Antichrist? Whether they who thought that men were to be left to their freedom in matters of Religion, and not to be compelled by corporal Punishments to the Profession of it, would have approved of the compulsory Decrees of Roman Councils? Whether they, who thought it unworthy of the Christian to call the Secular Arm to their assistence, were of their Religion, who by Oaths and Excommunications, and other grievous Penalties, oblige the Magistrate to persecute? Whether they, who thought it utterly unlawful to shed humane Blood, believed that Christianity allowed the murdering of Heretics, or could approve those Sanguinary Laws which they have executed throughout all Regions of the World, where their Religion hath prevailed, destroying many hundred thousand Souls only for keeping a Good Conscience? §, VII. Moreover this method of Exterminating Heretics is condemned expressly by the Holy Fathers, and represented as a Practice fit only for the Heathen and the Heretic, but most unworthy of any Orthodox Professor of Christianity. We may hate them that hate God, saith the (n) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Pseudo-Ignat. Epist. ad Philadelph. ed. Uss. p. 95. Interpolator of Ignatius, but we must not beat or persecute them, as do the Gentiles which know not God. We must separate from them, and admonish them, if haply they will hear and rest satisfied, for our God is a Lover of mankind, and would have all men to be saved, and come to the knowledge of the Truth; on which account he causeth his Sun to rise upon the evil and the good, and reins upon the just and the unjust; and, being desirous that we should imitate this his Goodness, he saith, Be you perfect as your heavenly Father is perfect: This is there spoken concerning Schismatics, False Preachers, Men of False Opinions, Foxes, and Corruptors of the Vine, and therefore certainly of Heretics. (o) Defendenda est Religio, non occidendo, sed moriendo, non saevitiâ, sed patientiâ,— illa enim malorum sunt, haec bonorum, & necesse est bonum in Religione versari, non malum, nam si sanguine, si tormentis, si malo Religionem defendere velis, jam non defendetur illa, sed polluetur, atque violabitur. Lact. l. 5. c. 20. Lactantius saith thus, Religion is to be defended, not by killing, but by dying for it, not by Cruelty, but by Patience; so good men do defend it: But wicked men, by Cruelty and Murder. If you go about, saith he, to defend Religion by Blood and Torments, you do not defend, but pollute and violate it.; The Holy Synod of Alexandria, consisting of the Bishops of Egypt, Thebes, Lybia, and Pentapolis, laments the Practice of the Arians, who had directed an accusatory Epistle to the Emperors, which stirred them up to inflict Death, or at the least Banishment, upon Athanasius, (p) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Apud Athanas. Apol. ad Imperat. Constant. p. 723. this, say they, is just matter of lamentation, these being works so averse from Bishops, who should teach others the way of Justice, that even the meanest Christians, and scarcely Heathens, would be guilty of them; and this the Conscience of you Catholic Bishops throughout the World, to whom we write, very well knows. Athanasius, having declared how the Arians spoke thus to Constantius the Emperor, (q) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Athanas. Epist. ad Solitariam vitam agentes, p. 815. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, pag. 830, 831. Thou seest how all men desert us, few remaining, therefore begin a Persecution, that we be not deserted by those few: And speaking of the Influence this Persecution had upon some fearful Bishops, saith thus, If it were unbecoming Bishops to change their Opinion out of Fear, yet was it far worse for them to compel men unwillingly to change their Judgements, and an evidence that they disinherited their own Cause; this, saith he, is to act like the Devil, and unlike our Saviour, who never used Force, but Persuasion only, for the Truth must not be taught by Swords, and Weapons, and Soldiers; but by Persuasion and Consultation: Now what Persuasion is there where there is Fear of the King? What Consultation, where he that contradicts must suffer Banishment or Death?— by this Compulsion it appears, saith he, that their Wisdom is not according to God, but merely humane: As for other (r) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Athanas. ibid. p. 855. Heresies, saith he, they being convinced by Demonstrations, are silent, and do nothing but blush at their Conviction; but this new and execrable Heresy of the Arians, when it is overthrown by Reason, when by Truth it is put to shame, it endeavours to draw them by Force, Stripes and Imprisonments, whom it could not persuade by words, and so doth manifest itself to be nothing less than pious, for it is the Property of true Religion not to compel, but to persuade, as we have said already;— for our Lord himself, not offering Violence, but giving place to humane Choice, said to all, If any man will come after me; and to his Disciples, Will ye also go away? This Heresy therefore which is perfectly repugnant to Piety, what should it do but that which is contrary to our Saviour? There are some things for which we must fight valiantly, saith (s) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Orat. tertia pro Pace, p. 220, 221. Gregory Nazianzen, viz. with Reasons, not with Arms, for to lift up our hands against them (that is, against Heretics) is wholly contrary to our Profession, and must be left to them who hate us. Saint Chrysostom, in his Exposition of the Parable of the Tares, speaks thus, (t) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. In locum. Wherefore doth Christ introduce his Servants saying, Wilt thou that we pluck up the Tares? his Answer is, That he might tell them that it was unlawful to cut them off. They permit not themselves, saith he, to do this, but they expect the Sentence of their Lord, saying, Wilt thou have it done? Now he forbids them, saying, lest you root up the Wheat together with them; and this he said forbidding Wars and Blood and Slaughters to be made; for 'tis not lawful to cut off the Heretic, though he is like to bring an irreconcilable War upon Earth. Again, by these words, Lest you root up, he either saith, that if you go about to wage War, and stay the Heretic, it will necessarily happen that you will destroy many of the Saints with them, or that it may so happen that many of the Tares may be converted, and become Wheat; if therefore you prevent their being so, by rooting them up, you prejudice the future Wheat, by taking them away, who may be changed and become better. Christ here forbids us not to stop their mouths, restrain and hinder their Boldness of Discourse, dissolve their Synods and Confederacies, but he forbids us to Kill, and Cut them off. In his Homily against anathemas he permits us to (v) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Tom. 6. p. 441. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 443. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, pag. 441. lin. 31. etc. anathematise the Heresy, but commands ut by all means to spare the Heretic; if, saith he, the man remain contentious, and will not be reclaimed, do thou only testify against him with Long-suffering and Goodness, that thy Judge require not his Life at thy hand, hate him not, persecute him not. Saint Austin vehemently condemns the inflicting Capital Punishments upon Heretics, and saith that all good Christians did agree with him in that matter. For when Cresconius had objected to the Orthodox, that they were instrumental to procure the Death of three Donatists, St. Austin answers, that (x) Nullis tamen bonis in Ecclesia Catholica hoc placet, si usque ad mortem in quenquam, licet haereticum, saeviatur, neque verò si longè à morte cujuslibet molestiis libido ulciscendi malum pro malo retribuat, approbamus; multo amplius detestantes, si ex hac occasione, velut pro unitate conandi, concupita quis auferat aliena— haec omnia displicent nobis, & ea prohibent, & cohibent quantum possunt, quantum autem non possunt, serunt: &, sicut dixi, pro pace laudabiliter tolerant, non ea laudabilia, sed damnabilia judicantes. August. contra Crescon. Grammat. l. 3. cap. 50. No good man in the Catholic Church allowed the punishing of Heretics with Death, and if the Lust of Revenge in any person doth render evil for evil, we do not approve of them, though their Punishments be much less than Death; much more do we detest the robbing any of their private Goods, or taking away what belongs to them, though this be done for the procuring Unity: all these things displease good men, they forbid, they hinder them as much as they can, judging them not laudable, but damnable. In his Book De fide & operibus he complains, that, (y) Quidam intuentes praecepta Severitatis quibus admonemur corripere inquietoes, ut Ethnicum habere Ecclesiae Contemptorem, à compage corporis membrum quod scandalizat ave●lere, it à perturbant Ecclesiae pacem ut conentur ante tempus seperare zizania, atque hoc errore caecati, ipsi potius à Christi unitate seperentur. August. De fide & operibus, cap. 4. some considering the Precepts of Severity by which we are commanded to correct the unquiet, to look upon the Contemner of the Church as an Heathen, to separate the Scandalising Member from the Body, do so disturb the Church's Peace, that they endeavour, before the time, to pluck up the Tares, and, being blinded with this Error, are rather separated themselves from the Unity of Christ. Besides these Passages, he hath Four several Epistles writ upon this very Subject, viz. the 127th to Donatus, Proconsul of Africa; the 158th, 159th, to Marcellinus the Tribune; the 160th to Apringius; in which we may observe, 1. The thing which he most earnestly requests, viz. (z) Vos rogamus nè occidantur. Sic eorum peccata compesce, ut sint quos poeniteat peccasse, Ep. 127. Poena sanè illorum, quamvis de tantis sceleribus confessorum, Rogo te, ut praeter supplicium mortis sit, Ep. 158. Tu ab eorum sanguine, etiam propter Christum, juridicum gladium cohibe, Epist. 160. that the Heretics may not be killed, that they may be so corrected as not to be cut off, Ep. 127. that they may not be punished with Death, Ep. 158. that the Sword of Justice might not shed their Blood, Ep. 160. 2. Observe the Importunity with which he urgeth his Request, desiring, admonishing, interceding, Ep. 160. Yea, (a) Quod te per Jesum Christum, nè facias, obsecramus, Ep. 127. Obtestor fidem tuam quam habes in Christo, per ipsius Domini Christi misericordiam, ut hoc nec facias, nec fieri omnino permittas, Epist. 159. Per misericordiam Christi obsecro, Ep. 160. Necessitate nobis impactà & indictâ, ut etiam occidi ab iis eligamus, quam eos occidendos vestris judiciis ingeramus, Ep. 127. beseeching them by the Name of Christ, not to inflict this Punishment upon them, Epist. 127. and by the Mercies of Christ Jesus, that they would neither do it, nor permit it to be done, Ep. 159, 160. declaring his great Solicitude for the Prevention of it, Epist. 159. And professing that the Orthodox had rather die themselves, than that this Punishment should be inflicted on the Heretic. 3. Observe the Persons for whom he thus pathetically intercedes, viz. the Circumcellians, who cruelly had shed the Blood of Catholics, and had confessed, before these very Magistrates, that they had killed (b) Comperi plurimos eorum de homicidio quod in Restitutum Catholicum Presbyterum commiserunt, & de caede Innocentii alterius Catholici Presbyteri, atque de Oculo ejus effosso, & de Digito praeciso fuisse confessos, Ep. 159, 160. Restitutus, a Catholic Presbyter; put out the Eye, and cut off the Finger of Innocentius, another Presbyter, Epist. 159, 160. they therefore had deserved Death as Murderers, if not as Heretics. 4. Observe the Reasons which moved him and others to be thus importunate, and with such Passion to entreat these Heretics might not be punished with Death, viz. 1. (c) Nè obliviscamur quid nobis praeceperit, pro cujus veritate ac nomine patimur, qui diligimus inimicos nostros, & oramus pro eyes, Epist. 127. That they might not seem to be forgetful of Christ's Command, to love their Enemies and to pray for them, Ep. 127. 2. (d) Non suffecit Apostolo monere ut mansuetudinem servaremus, sed ut eam etiam notam omnibus faceremus. Ep. 159. Because this was that Mildness which became Catholics, and which the Rules of Christianity required from them, commanding them not only to be gentle, but to make known their lenity to all, Epist. 158, 159. 3. (e) Time ergo nobiscum judicium Dei Patris, & commend a mansuetudinem Matris, cum enim tu facis, Ecclesia facit; propter quam facis, & cujus silius facis. Epist. 160. Because the Person who inflicts, and the Church which permits these Punishments to be inflicted, would both have cause to fear the Judgements of God for this Cruelty. 4. (f) Propter conscientiam nostram rogo. Ep. 158. Ubi ponimus ipsam conscientiam nè malum pro malo, qui passi sunt, reddidisse videantur, Ep. 160. Because it was against their Conscience to allow of such Deportment towards these men, Ep. 158, 160. 5. (g) Ut sint quos poeniteat peccâsse. Ep. 127. Tu inimicis Ecclesiae viventibus relaxa spacium poenitendi. Ep. 160. Because they desired that these Heretics and Schismatics might not inevitably perish, but might have time to repent of their Sins, Epist. 127. 6. (h) Si occidendos in his sceleribus homines putaveritis, deterrebitis nos nè per operam nostram ad vestrum judicium aliquid tale perveniat. Ep. 127. Because this harsh Proceeding would deter the Catholics from seeking the Protection of the Magistrate against such men, Epist. 127. 7. (i) Hoc Ecclesiae Catholicae expedire contestor. Ep. 159. Nec tamen sic Ecclesiae causam desererem. Ep. 160. Because the contrary Mildness was expedient for the Catholic Church, and the Cause which they pleaded was the Cause of the Church, which they could not desert, Ep. 159, 160. Lastly, (k) Nè passiones Servorum Dei Catholicorum, quae prodesse debent ad exempla patientiae, inimicorum suorum sanguine foedarentur. Ep. 158. Ep. 160. Because the Passions of the Servants of God would be polluted and dishonoured by the Blood of their Enemies, Epist. 158, 160. And this he tells us was the Judgement of a whole Council of his Brethren, this was obtained by the Complaints of many other Bishops upon occasion of the Murder of Maximianus, Bishop of Vaga, that the Cruelty of the Donatists should be punished, (l) Non tamen Supplicio capitali, propter servandam, etiam circa indignos, mansuetudinem Christianam. Ep. 50. p. 220. but not with Capital Punishment, that Christian Meekness might be preserved even towards the unworthy. If then the Fathers do assert that it is Heathenish to beat and persecute the Heretic, that it is that which Heathens scarce would do. That only wicked men defend Religion by Cruelty and Torments; and that this way of defending it ought to be left to them. That they who do endeavour to defend it by Blood and Torments, do pollute and violate it. That it is averse from Bishops and from all orthodox and pious Christians to stir up Christian Emperors to inflict Banishment and Death on a Religious account, and, contrary to our Profession, to lift up the hand against the Heretic. That it was worse to compel men unwillingly to change their Judgements, than for others out of fear to do it. That this is Diabolical, unlike our Saviour, and an evidence that they who do so, distrust their own cause; and that their wisdom is not according to God, but merely humane. That it is contrary to Religion, and to our blessed Saviour. That 'tis unlawful to cut off the Heretic, though he be likely to bring an irreconcilable War upon the Earth. That Christ himself forbids it, and that to do it is to be unmindful of his Precepts and of the Rules of Christian Faith. That they who do so may expect their Judge should require their Lives at their hands, and should inflict his Judgements on them, and on that Church which doth permit it. That no good Catholic allowed the Punishment of Heretics with Death or Deprivation of their goods, or with Punishments much less than Death. That these things were not laudable but damnable; and that it was against their Conscience to approve of them. That they who act thus against Heretics are Disturbers of the Church's Peace, and separate themselves from the Unity of the Church. Lastly, That they had rather die themselves, than Heretics should be slain. I say, they who assert these things sufficiently condemn the Church of Rome, the Practice of that Church, and the Decrees of her most General Councils in this Point. §. VIII. Moreover this Severity was as repugnant to the Practice of the Ancient Church as to the Principles of her renowned Doctors. For we do not desire, saith (n) Nos non expetimus ut Deum nostrum velint nolint colat aliquis invitus, nec si non coluerit irascimur. Lact. l. 5. cap. 20. p. 524. Nemo à nobis retinetur invitus, inutilis est enim Deo qui Devotione & Fide caret. Cap. 19 p. 519. Lactantius, that any man should worship our God against his will, and if he doth not do it, we are not angry; we retain no man against his will in our Profession; for he who wants Faith and Devotion is unprofitable to God. The Synod of (o) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Apud Athanas. To. 1. p. 724. Alexandria expressly saith, That Bands and Slaughters were things repugnant to their Church; that Athanasius never delivered up any one to the Tormentor; that the Prison was never troubled with any one sent thither by him; our Priesthood, say they, or, our Administration of things Sacred, as it hath always been, so is it now, pure, and sanctified by no other Blood but that of Jesus. And therefore when Cresconius, the Grammarian, had objected to the Orthodox the Death of three Donatists, Contra Crescon. lib. 3. cap. 50. St. Austin answers, that no good men in the Catholic Church allowed of the punishing Heretics with Death; that they forbade and restrained it as much as they were able. (p) Tum verò Idacius atque Ithacius acrius instare, arbitrantes posse inter initia malum comprimi: sed parum sanis consiliis, N. B. seculares Judices adeunt, ut eorum decretis Haeretici urbibus pellerentur. Sulpit. l. 2. §. 62. Igitur post multa & foeda, Ithacio supplicante, elicitur à Gratiano tum Imperatore reseriptum, quo universi Haeretici excedere non Ecclesiis tantùm aut urbibus, sed extra omnes terras propelli jubebantur. Ibid. Ubi Maximus oppidum Trevirorum Victor ingressus est, Ithacius ingerit preces plenas in Priscillianum & Socios ejus invidiae atque criminum,— it à omnes ad Regem deducti— Idacius & Ithacius Episcopi, quorum studium in expugnandis Haereticis non reprehenderem, si non studio vincendi plus quam oportuit certassent; Ac mea quidem sententia est, mihi tam reos quam Accusatores displicere. §. 63. Tum Martinus apud Treveros constitutus non desinebat increpare Ithacium ut ab accusatione desisteret, Maximum orare, ut sanguine infelicium abstineret: satìs supérque sufficere ut Episcopali sententià Haeretici judicati, Ecclesiis pellerentur: novum esse, & inauditum nefas ut causam Ecclesie Judex seculi judicaret. Denique— egregi● authoritare à Maximo elicuit responsum nihil eruentum in reos constituendum. Sed postea Imperator per Magnum & Rufum Episcopos depravatus, & à mitioribus consiliis deflexus— censuit Priscillianum Sociòsque ejus capitis damnari oportere.— it à Priscillianus Capitis damnatus est, unáque cum eo Felicissimus & Armenius-Latronianus quoque, & Eutrochia gladio perempti— itum deinde in reliquos sequentibus judiciis, damnatique Asarinus & Aurelius diaconus gladio— hoc ferè modo homines luce dignissimi pessimo exemplo, N. B. necati, aut exiliis multati: caeterum Ithacius videns quam invidiosum sibi apud Episcopos foret si accusato, etiam▪ postremis Capitalium rerum judiciis astitisset, subtrahit se cognitioni frustra, callido jam scelere peracto. §. 64. Sulpitius Severus doth inform us, that when the hear of the Priscillians sprang up, Idacius and Ithacius, thinking this Evil might be suppressed in the first Rise, went unadvisedly to the Civil Judges, desiring them to decree that the Heretics might be expelled the Cities. That when Maximus came to be Emperor, Idacius and Ithacius applied themselves to him against the Priscillians, on which account, saith Sulpitius, the Accusors' displease me as much as the Guilty. Moreover he informs us that Saint Martin, a man, saith he, to be compared to the Apostles, reproved Ithacius, advised him to desist from his Accusation, and desired Maximus the Emperor to abstain from the Blood of the Heretics, declaring, that it was sufficient, N. B. that being judged Heretics by the Spiritual Sentence, they should be expelled their Churches, and that it was a new and unheard-of Wickedness, that a Secular Judge should determine of the Cause of the Church, and that he obtained a Promise from Maximus, that nothing bloody should be done against them. That afterwards the Emperor decreed, that Priscillian and his Companions should suffer capital Punishments, and that accordingly they did thus suffer, and so, saith he, men not worthy to live, by a most vile example, were either killed or exiled. He also doth inform us, that Ithacius, having procured this Wickedness, vainly withdrew himself from the Trial of these men. In his Third (q) Maximus Imperator, alias sanè bonus, depravatus Consiliis Sacerdotum, post Priscilliani necem, Ithacium Episcopum, Priscilliani accusatorem, caeterósque illius Socios, vi Regiâ tuebatur, nè quis ei Crimini daret, opera illius cujuscumque modi hominem fuisse damnatum,— congregati apud Treveros Episcopi tenebantur, qui quotidie communicantes Ithacio, communem sibi causam fecerunt. Et jam pridie Imperator ex eorum sententia decreverat Tribunos mittere, summâ potestate armatos, ad Hispanias, qui Haereticos inquirerent, deprehensis vitam & bona adimerent— illa praecipua cura (Martini, sc.) nè Tribuni cum jure gladiorum ad Hispanias mitterentur, pia enim erat solicitudo Martino, ut non solùm Christianos qui sub illa erant occasione vexandi, sed ipsos etiam Haereticos liberaret.— spondet si parceretur se communicaturum (cum Ithacianis) dummodo ut & Tribuni: jam in excidium Ecclesiarum ad Hispanias missi retraherentur— satiùs aestimans ad horam cedere, quam his non consulere quorum cervicibus gladius imminebat: postero die se inde proripiens, cum moestus ingemisceret se vel ad horam noxiae communioni fuisse permixtum;— astitit ei repentè Angelus. Meritò inquit Martine compungeris, sed aliter exire nequisti, repara virtutem, resume constantiam, nè jam non periculum gloriae sed salutis incurreris, itaque ab illo tempore satis cavit cum illa Ithacianae partis communione misceri. Dial. 3. §. 15. Dialogue he informs us, that after the Death of Priscillian, Maximus the Emperor, a man otherwise good, being led aside by the Counsels of some Bishops, did by his Kingly Power defend Ithacius and his Companions from being accused for this Crime. And that some Bishops were met at Treves, who, by communicating daily with Ithacius, had made his Cause their own, and had obtained of the Emperor a Decree to send some Tribunes armed with the Sovereign Power, into Spain, to inquire after the Heretics, and to deprive them both of Life and Goods; that Saint Martin laboured with great Care to prevent the Mission of these Tribunes into Spain, with the Power of the Sword, as being piously solicitous not only to preserve the Christians, but even the Heretics also from Death, and that, to accomplish this work,▪ he for a while consented to embrace the communion of Ithacius, and his Party; that afterwards the good man was troubled that he had communicated with them, and that an Angel appeared to him, and told him he had just cause to be sorry for what he had done, and that he should repair his Virtue, and reassume his Constancy, lest he incurred the loss not only of his Honour, but Salvation, and that from that time Saint Martin would never any more communicate with the Ithacian Party. * Ad An. 386. §. 27. Baronius confesseth that Pope Syricius did also refuse communion with Ithacius and his Party upon this account, and wrote Letters against them. Saint (r) cum videret me abstinere ab Episcopis qui communicabant ei, vel qui aliquos, devios licet à fide, ad necem petebant. Ambros. Ep. 27. Ambrose also saith, that he abstained from the communion of those who desired the Death of Heretics. The (s) Illud decrevit praeterea Sancta Synodus, ut quoniam Legatos Episcopi Galliarum, qui Felici non communicant, destinarunt, si quis se ab ejus communione sequestrare velit, in nostrae Sanctae pacis consortium suscipiatur. Concil. Taurin. cap. 5. French Bishops also refused communion with Felix, as being made a Bishop by them, and the Council of Turin gives leave to any so to do. * Not. in Concil. Trevir. An. 386. Binius confesseth that Theognostus, and other Bishops of the (t) Ithacius & Ursatius, Episcopi, ob necem Priscilliani, cujus Accusatores fuerunt, Ecclesiae communione privantur. Prosper. Chronic. ad A. D. 389. Isidor. De viris illustribus, cap. 2. Catholic communion did excommunicate Ithacius with his Companions on this account,— as sanguinary, bloody, and unworthy of the Priesthood. (v) Nondum enim de Episcopo aliquo auditum in Ecclesia Dei erat de Sontibus poenam sanguinis exegisse. Baron. ad An. 385. §. 29. & rursus, nullus Sanctorum Patrum laudavit id posse fieri suggestione Sacrorum Antistitum. Ad An. 386. §. 27. Baronius and Spondanus treating of this Example, ingeniously confess, that not one of the Holy Fathers did allow, that Ecclesiastical Persons should procure the Punishment of Heretics with Death, or move the Civil Magistrate to do it; but that they vehemently dehorted them from it; and therefore they excuse the Practice of their Church, their Pope, Bishops and Councils, by telling us that (x) Unde in Ecclesia Catholica usu receptum est, ut cum quis expetit à Secularibus Magistratibus opem adversus impios, nè Ithacianae partis Sectator esse videatur, contestationem illam consultè praemittat, sic se correctionem expetere incorrigibilium delinquentium, ut tamen citra poenam sanguinis puniantur. Spondan. Epist. ad A. D. 385. p. 513, 514. Baron. ad A. 386. §. 23. in the Catholic Church it is the Custom, that when any one desireth the Assistence of the Civil Magistrate against Heretics, that he may not seem to be a Follower of the Ithacian Party, he first advisedly makes this Protestation, that he so desires the Correction of these incorrigible Delinquents, as to entreat their Blood may not be shed. And Binius adds, that (y) Theognostus, aliique Catholicae communionis Episcopi, Ithacium cum Sociis— excommunicarunt, quia saevius agens, in eosdem poenam capitis procurasset, solit amque Interpositionem non interposuisset, qua se Delinquentium incorrigibilium correctionem sic expetere declararet, ut tamen à Sanguinis poena abstineretur. Not. in Concil. Trevir. A. D. 386. Ithacius was condemned because he desired that Heretics might be punished with Death, without the Interposition of this Protestation. Now this is such a piece of Diabolical Hypocrisy as doth not in the least excuse, but highly aggravate their Crime. The Hypocrisy and Profanation of God's holy Name, which by these Writers is styled The Protestation used by the Catholic Church, is this, When they deliver the condemned person to the Civil Magistrate, the Bishop or Inquisitor, having delivered him, speaks thus, (z) Domine Judex, rogamus vos cum omni affectu quo possumus, ut amore Dei, & Misericordiae intuitu, & nostrorum interventu precaminum miserrimo huic nullum mortis vel mutilationis periculum inferatis. Pontis. Rom. Romae, 1611. p. 456. Sir, We passionately desire you, for the Love of God, and in regard of Piety, Mercy and our Mediation, you would free this miserable person from all Danger of Death or Mutilation of Members; but notwithstanding all this seeming Piety and Tenderness, when they have sentenced an Heretic to Death, they require the (a) Infra Sex dies, sine aliqua processuum visione, Sententias latas promptè exequantur, sub Excommunicationis paena, aliisque Censuris. Innoc. 8. Const. 10. Bullar. Rom. To. 1. p. 337. Magistrate to execute that Sentence within Six days, upon pain of Excommunication, Deprivation, and Loss of Authority and Offices, saith the Constitution of Innocent the Eighth; within Five days, saith the Constitution of Innocent the Fourth; Cap. 24. he must presently take him into custody for that end, saith the Costitution of Clement the Fourth. Bull. Rom. To. 1. p. 174. Their Popes have approved and confirmed the Decrees of Emperors, Kings, Dukes and other Civil Governors, which command them to be put to Death; they have decreed, that the Punishment of Heretics shall neither be relaxed nor delayed; Vide §. 12. that the Magistrate shall execute the Sentence without revising of the Justice of it; that he shall take an Oath to execute it: Nay, both their Bishops, Popes and Councils, since the Twelfth Century, have been continually employed in instigating others to destroy and to cut off the Heretic, and raising Armies of Crusadoes to that end; all which is fully proved in the ensuing Book. Yea, their own Writers do ingenuously confess, that this Intercession in behalf of the condemned Heretic is in the common opinion barely a colour; that it is verbal, not effectual; for the Criminal is delivered to the Secular Power for this very end, that he may die. And the (b) Magistratus secularis quemcunque Haereticum sibi à Judicibus fidei traditum debet ultimo supplicio afficere. Vide R. Episc. Lincol. Brutum Fulmen. p. 207, 208. Magistrate ought to punish him. Let therefore any reasonable person judge, whether their Practice in this kind be not most gross Hypocrisy, Self Condemnation, and Profanation of God's Holy Name; and whether this will in the least excuse them from being Partis Ithacianae Sectatores, or, Follower's of the Example of Ithacius? §. IX. Objection. But, saith the querulous Dissenter, Is there no other Church, or Person, concerned in this Example besides that of Rome? Know you of no Decree or Edict elsewhere, ut exilio mulctarentur Priscilliani? Was there never any Supplication made to Gratian by some Ithacius, Sulp. p. 467. Vt universi Haeretici non Ecclesiis tantum, aut Vrbibus, sed extra omnes Terras propelli juberentur? p. 474, 607. Was there never any other Emperor, alias sanè bonus, per Magnum &; Rufum Episcopos, à mitioribus consiliis deflexus? Answ. I know that Mr. Baxter and some other Non-conformists speak much of our Ithacian Prelates, but, had they found them such, they would not have been here to make such Tragical Complaints against them without cause: Sure I am that our Lords Spiritual and Temporal in Parliament assembled have sufficiently declared against this persecuting Spirit on the account of Religion by their full Approbation of, and thanks returned to the Lord Bishop of Saint Asaph for his Sermon preached before them, Nou. 5. 1680. and their desire that he would print and publish that Sermon, in which, First, He lays down this Position, viz. p. 9 That of Societies of men, Christians, of all other, are most averse from ways of Violence and Blood, specially from using any such ways on the account of Religion; And, among Christian Churches, where they differ among themselves, if either of them use those ways upon the account of Religion, they give a strong Presumption against themselves, that they are not truly Christian. The reason is, because Christ gave Love for the Character by which his Disciples were to be known, Joh. 13. v. 35. And lest men should unchristen others first, that they may hate them, and destroy them afterwards, Christ enlarged his Precept of Love and extended it to Enemies, and not only to ours, but to the Enemies of our Religion, Matt. 5. 43, 44. Secondly, p. 12, 13. He adds that by this we may usually judge who they are that excel among Christian Churches, when there happens any difference between them, whether touching the Faith or the Terms of Communion; they that were the more fierce, they generally had the worst Cause, as, v. g. p. 14. the Nicene Council suppresed the Arians by no other force but putting Arians out of their Bishoprics; they could not think Heretics fit to be trusted with the Care of Souls, but otherwise as to temporal things, I do not find that they inflicted any kind of Punishment; but when the Arians came to have the Power in their hands— then Depriving was nothing, Banishment was the least that they inflicted. Thirdly, p. 37. That he would have no man punished for his Religion, no not them that destroy men for Religion. Fourthly, p. 20. He saith that neither our Religion nor our Church is of a persecuting Spirit, she hath no Doctrine that teacheth Persecution, N. B. she hath not practised it as others, when they were in authority. I thank God for it, and I hope she will always continue in the temper; which being added to the other marks of a True Church, may assure us, she is a Church according to the mind of Christ. The same is in effect declared by the House of Commons, when they returned their Thanks to Dr. Tillotson, Dean of Canterbury, for his Sermon preached before them, Novem. 5. 78. desiring him to print that Sermon; where, having laid down the Example of our Lord, he adds, p. 13, 14. that in imitation of this blessed Pattern, the Christian Church continued to speak and act for several Ages, and this was the Language of the H. Fathers, Lex nova se non vindicat ultore gladio, The Christian Law doth not avenge itself by the Sword; This was then the Style of Councils, Nemini ad credendum vim infer, To offer violence to no man, to compel him to the Faith; adding p. 19 that to separate Goodness and Mercy from God, Compassion and Charity from Religion, is to make the two best things in the World good for nothing. And, p. 30. That true Christianity is not only the best, but the best-natured Institution in the World, and so far as any Church is departed from good nature, and become cruel and barbarous, so far is it degenerated from Christianity. We have indeed a Statute about Banishing Dissenters, but no Ithacius, that I know of, who ever supplicated for the Making, or for the Execution of it, but only for Retaining of it as a due Curb for men too prone to Faction and Sedition. And so it lies still dormant in the hands of his most Gracious Majesty, and may it ever do so. §. X. 2. This Treatise serves to justify us in, and to provoke us to the use of any lawful means for the avoiding of these Punishments. They who exhort us in this Exigence to trust to Providence, must know that Providence doth not exclude, but rather doth require, and suppose the use of any honest means for the prevention of impendent Dangers; for we can have no reason to expect that Providence should supernaturally engage for the immediate Accomplishment of that which may be done by Divine Blessing upon ordinary means. First therefore we must use the Means; then pray that Providence would bless, and countenance, and render prosperous our just Endeavours in this kind; and when we have performed our utmost to prevent Dangers in a lawful way, and find that our Attempts prove frustrate, then only is the time to trust to Providence without subordinate endeavours. Now what Means may be lawfully pursued, according to the Constitutions of this Kingdom, for the preventing this aboding Evil, Divines should not presume too nicely to determine, who do then chiefly deviate when they do meddle extra Sphaeram Theologiae; it rather doth become them to leave this Matter to those Persons whose Business and Office it professedly is to be skilful in the Laws, and who may rationally therefore be presumed men better qualified to pass a Judgement in this Case. This notwithstanding I may safely say, That what no Law of Nature or positive Command of God forbids, may lawfully be done, and is expedient to be done, for Preservation of the Souls and Bodies of a whole Community, and their succeeding Generations from the worst of Evils. §. XI. 3. This Treatise may be useful to quicken us, by a due apprehension of this so barbarous Religion and inhuman Doctrine, to labour to prevent it by our most serious Reformation, and most importunate Addresses to the Throne of Grace; or, if the Providence of God sees fitting, for the Punishment of our Iniquities, to give us up to this tremendous Judgement, to let us see what need we shall then have of the most perfect Patience and undaunted Courage, the most unshaken Faith and steadfast Resolution to undergo the Fiery Trials, to which we may expect to be exposed, if we continue firm to our Religion. For if the Providence of God should, for our crying Sins, permit our lawful Prince to be perverted to the R. Faith, and poisoned with these bloody Principles, I declare to all the World, that Christianity, and our own Oaths both of Allegiance and Supremacy engage us, upon pain of everlasting Ruin, not to lift up our hands against him; that all who do resist him must resist God's Ordinance, and so Rom. 13. 1, 2. receive damnation to themselves; that all who use the Sword without Commission from him, take it, and Matth. 26. 52. they who take it, though in Defence of me, saith Christ, shall perish by it. In this case therefore I freely do acknowledge with L'Estrange, Character of a Papist, etc. p. 3. we have no other choice before us but either to suffer the highest degree of Misery that can befall us in this World, or else to prostitute our Souls for the saving of our Lives and Fortunes; p. 13. and I do make with him this public Profession to the World, that, though I have as little mind to be under the Government of an English Papist as any mortal, and would do all that I could justify as a Christian and an honest man to avoid it, yet, since I can no more choose my Governor than my Father, and that I may as well renounce my duty to the one upon the score of Religion as to the other, I am resolved to pay the duty of a Subject to what (Legal) Prince soever the all-ruling Providence of God shall set over me, and patiently to suffer where I cannot conscientiously obey. And I conjure all reformed Christians, if ever they lie under these unhappy Circumstances, not to blaspheme their Holy Calling, or cast a Scandal on the Reformation by any Mutinies or Insurrections against God's Vicegenent, which will assuredly incense the Wrath of God still more against them, prolong their Miseries, and make their temporal Calamities be a sad Prologue to eternal, but that they would resolve to suffer as becometh Christians, and to commit their Cause to him that judgeth righteously. §. XII. 4. This Treatise may be instrumental to prevent being gulled and deluded by fair words and specious promises, and by vain hopes of Freedom from these dreadful Miseries, if this Religion should prevail; there being nothing in the World more inconsistent with the avowed Principles of Popery, nothing more contrary to the continual Practice of the Church, and to the Oaths and Obligations of the Members of it, than to permit the Heretic to scape these sad and direful Effects of their inhuman Cruelty. And whatsoever Prince neglects to execute these Punishments on any other score but those of Policy, must solemnly condemn the Constitutions of those General Councils which are the sole Foundations of his Faith; he must believe the Church of Rome not only Fallible, but False in her Determinations, and guilty of more Murder and Barbarity than all the Heathen Emperors were guilty of in the Ten Persecutions. He must continue in, and own that Church to be the only Church of Christ, which yet he doth believe to be the vilest Church on Earth, and guilty of the greatest Crime imaginable. Ibid. p. 42, 43. Mr. L'Estrange takes care to tell us that Henry the Fourth of France did not exercise one act of Tyranny over his Protestant Subjects. But he forgot to tell us that he was first deposed, and then stabbed for his remissness in that matter: Spond. To. 2. p. 868. §. 4. p. 875. §. 4. He was twice deposed by Gregory the Fourteenth, A. D. 1591. by Clement the Eighth, A. D. 1592. as being a Favourer of Heretics, and, by the continual Rebellions and Defections of his R. Catholic Subjects, he was forced, for Quietness sake, to turn Papist, A. D. 1594. And yet, because he was indulgent towards Heretics, his Life was attempted the same year by John castle, belonging to the Jesuits; by a Monk, A. D. 1600. and he was at last stabbed by Ravilliac. And, because others frequently object the like Example of the Indulgence of the French King towards the Hugonots, to what I have already answered, Section the Ninteenth of this Treatise, I add, 1. That from the beginning of the Thirteenth, till the middle of the Sixteenth Century all Europe hath scarce equalled the Severity of France for Persecutions of this kind, or frequency of Councils making Laws for the Destruction of the Heretic, as in this Treatise you will find. 2. The Author of The Policy of the Clergy of France informs us p. 13. that their Princes have not lost the Design of destroying Heretics, though Prudence hath obliged them for the present to suspend it, because it could not be done by them without great Danger. Since my writing of this the French King hath answered this Objection with a vengeance. And Bellarmin himself will grant, Non esse Haereticos Bello petendos quando sunt fortiores nobis; That Heretics may be spared when they are stronger than the R. Catholics, and it is to be feared that more of them might perish than of us: And this is all the Lenity that ever was allowed by the Church of Rome towards the Protestant. If any man can show me, 1. That any of the Laws here mentioned have been condemned, abrogated or relaxed by the Church of Rome or the French Church; 2. That any Princes have been blamed for, or in the least deterred by any of her Prelates from executing of those Laws, or even exempted from that Oath which, saith the Pope, doth bind them to extirpate Heretics, or that by any Council of the R. Church they ever were permitted to neglect the Execution of them, or that from the Thirteenth to the Sixteenth Century any Prince escaped the Censures of the Church who did neglect to execute them; 3. That any Country or City hath been rejected from Communion with that Church for Massacring Protestants, and Killing many Myriads of them in cold Blood; if, 4. It can be made appear that the same Principles which do oblige them to receive other Articles of Faith determined by those Councils do not oblige them to the Execution of the Decrees established by the same Councils, or others equally obliging; if, lastly, There be no Design on foot for the Destruction and Extirpation of a pestilent Heresy which hath long reigned in the North of Europe: If these things can be evinced; then may we have some little hopes of being kindly dealt with by a Popish Prince, though he were zealous to a miracle for Propagation of the R. Faith, and had it in his Power thus to purge his Territories from Heretical Pravity. THE CONTENTS OF THE DISCOURSE. §. I. THE Heads to which the Laws made against Heretics may be reduced, page 2. §. II. The Endeavours which are, or have been used by the Church of Rome to preserve her Members from that which she is pleased to call Heresy, are, 1. Binding all her Males at Fourteen, and Females at Twelve, to abjure all Heresy: 2. And also Governors to do the same: 3. Forbidding Laymen to dispute publicly or privately touching the Catholic Faith; and, 4. Withholding from them the Books of the Old and of the New Testament: That hence we have great reason to suspect the Truth of that Religion, p. 3, 4. §. III. The Care they take for discovering and apprehending Heretics, pag. 5. §. IV. The Persons authorized for this Work, viz. Inquisitors, Archbishops, Bishops, Abbots, and the Assistence they must have from Civil Governors: They have Power to require the Magistrates Assistence in enquiring after, taking and spoiling Heretics: to compel all the Neighbourhood to swear to inquire after, and, if they know of any Heretics, to endeavour to give notice of them, and secure them. All Earls, Barons, Rectors and Consuls, etc. must also swear efficaciously to assist the Church according to their power in this Work, p. 6, 7. §. V. These Laws are made, or, being made by others, are confirmed by their approved General Councils; who also give power to these Inquisitors, Archbishops, etc. to require a Corporal Oath upon the Relics of the Saints, or a Crucifix from all whom they suspect of Heresy, to answer to Questions containing all the Romish Superstition; and, if they will not undergo this Canonical Purgation, to condemn them as Heretics: they give this Power to them in all Places, and over all Persons of what Dignity soever, p. 8, 9, 10, 11. §. VI When they are discovered and apprehended, they and their Favourers must be excommunicated, their Goods confiscated, the Houses in which they are found must be destroyed, their Persons must be imprisoned: When they have them in Prison, they may use any Cruelty which doth not diminish their Members or endanger their Death, to make them to confess their Errors, or accuse others, p. 12, 13. §. VII. They must be banished or exterminated out of all Places: All Secular Powers must swear to expel Heretics out of their Dominions, with all their Favourers, and set forth Edicts to this effect, p. 13, 14. §. VIII. If any Governor permit them to abide there, he must be excommunicated, be deemed a Favourer of Heretics, and lose his Dominions, p. 15. §. IX. All these Constitutions are confirmed by the approved General Councils of the Romish Church, and are by them extended to Kings, Emperors, and Supreme Governors; who must lose their Territories if they do it not, p. 16, 17, 18, 19 §. X. These General Councils encourage men to butcher Heretics, not only by invoking the Secular Arm against them, but also by promising Remission of Sins and a great Reward hereafter to all that fight against and labour to destroy them, p. 20, 21, 22. §. XI. Heretics and their Abettors must be punished with Death; and if after Death they appear to have been Heretics, their Bodies must be digged up, p. 22, 23. §. XII. All Governors must execute these Punishments upon them without delay, relaxation or enquiry into the Justice of them, p. 24. §. XIII. Every Governor must have a Copy of these Laws, he must not alter or diminish them, but must abolish all Statutes contrary to them, p, 24, 25. §. XIV. At their Admission they must swear to execute them; and, if they be remiss in doing it, they must lose their Office, be excommunicated, and their Jurisdiction interdicted, p. 25, 26, 27. §. XV. They who will not execute this Sentence must be proceeded against by Ecclesiastical Censures as Favourers of Heretics: And the Bishop who is remiss in these Matters must be deposed from his Office: All Believers, Favourers, Defenders of them are subject to very grievous Punishments, and must be punished as Heretics, p. 27, 28. §. XVI. Such are they who believe, that they, who by the Church of Rome are called Heretics, may be saved, or that they who prosecute them do offend: The most Infamous Person may accuse a Heretic; And the Heretic must not know who doth accuse him, p. 28, 29. §. XVII. Examples of Princes and Civil Governors deprived of their Dominions, as being Heretics, or Favourers of Heresies, or remiss in punishing them, p. 29, 30, 31, 32, 33. §. XVIII. The Concernment of the Church in these Actions of the Pope, p. 33, 34. §. XIX. No Popish Prince can give Security to his Subjects that he will not proceed against them according to these Laws; 1. Because, being Papists, it may rationally be presumed they will act, according to the Convictions of their Consciences, as such: 2. Because they are subject to a Superior Tribunal which can overrule their Promise, and can absolve them from their Oaths, and which hath actually judged, that they ought not to be kept; and because it is an Unlawful Promise, and made concerning a Spiritual Cause, in which they must not intermeddle: They who have actually made this Promise, have not performed it, p. 34,— 59 §. XX. All this is confirmed by the Proceedings of the General Council of Constance, p. 59,— 63. §. XXI. The Character of a Popish Prince given in the Expressions of their Councils, or suitably to their Decrees, p. 63, 64. §. XXII. The Conclusion, p. 64, etc. The Erratas in the Discourse are, Page 3. lin. 18. this, r. the. p. 9 l. 6. marg. confessali, r. sati. p. 13. l. 27. received, r. renewed. p. 20. l. 9 confirming, r. confirms. p. 23. l. 2. Natureni, r. Pat. p. 37. l. 2. deal Herald p. 44. marg. l. 13. fungebantur, r. batur. p. 60. marg. emittimus, r. commit. p. 67. l. 13. manly, r. manfully. In the Preface, Page 3. l. 24, 25. the Church, r. the R. Church. p. 10. l. 1. overthrow r. threw. p. 20. l. 24. another, r. another's. p. 46. l. 11. the Ch. r. that Church. A DISCOURSE Concerning the LAWS Ecclesiastical and Civil Made against HERETICS BY POPES, EMPERORS, etc. MANY of late have excellently discoursed of those Doctrines of the Romish Faith, which, when believed and practised, must be highly prejudicial to, or be sufficient to disturb all civil Governments; and have demonstratively proved, that men whose Consciences are guided by the Romish Casuists, or who have heartily embraced the Principles of that Religion, can give us no security that they will not disturb the Government by which they are protected: But few (if any) have of late made it professedly their business to speak of what may be expected by such as they are pleased to call Heretics, when they are so unhappy as to be subject to a Prince who hath embraced the Romish Faith, and to a Clergy which doth own the Principles of that Communion; which being in this present Juncture of Affairs a most important Subject, I hope it will not seem either unseasonable or unprofitable to discourse briefly on that head. Now what such persons may expect to suffer we may learn from what already hath been decreed by them concerning Heretics, and what they have already practised. §. I. The Laws Ecclesiastical and Civil made against Heretics, by Popes, Kings, Emperors, and Councils, may be reduced to these Heads; 1. Laws made for the Preservation of the Members of the R. Church from falling into that which they call Heresy; 2. The Laws made for the Discovery of Heretics, their Favourers, Abettors, or such as they suspect to be inclinable to Heresy; now they are either such as do empower Persons to be active in enquiring after them, and do encourage them to make Discoveries of this nature, or such as lay an Obligation on them to be diligent in making these Inquiries and Discoveries, and upon others to assist them in so doing. Or, 3. Laws which concern the Punishment of Heretics discovered so to be, and the Engagement which they lay upon men to execute these Punishments upon them. §. II. And, 1. So conscious are the Romish Prelates of the gross Absurdity and the apparent Folly of their own Doctrine, and the plain Contradiction that it bears, in many of its Articles, to Scripture and the clearest Reason, that they dare not permit the meanest members of their Church to look into the Scripture, or make Inquiry or Search into the Articles of their Faith; or trust a Child of twelve years old without an Oath to bind him firm unto their Superstitions. And therefore, 1. It hath been decreed by many of their Councils, That all Males at fourteen, and Females at twelve years of Age, shall abjure all Heresy extolling itself against the Holy Catholic R. Church and Orthodox Faith, and shall swear also, that they will hold the Catholic Faith which the Roman Church teacheth and holds. This is determined by a Concil. To. XI. part. 1. p. 430. p. 693. p. 722, 724, 725. Council of many Bishops and Prelates met at Tolose in France, An. D. 1229. Can. 12. by a Council held at Beziers, A. D. 1246. Can. 31. by a Council of many Bishops and Prelates held at Alby in France, Can. 11, 12. Moreover this Oath, by the Decrees of the Council of Tolose and Alby Ibid. is to be renewed upon them every two years. And, All that do come in, and confess their Heresy, must take the same Oath, saith this Council of Beziers, Can. 5. 2. All Consuls, Governors of Castles, Authorities, and Barons, must be compelled by Ecclesiastical Censure to abjure Heretics, with the Favourers and Abettors of them, Concil. To. XI. p. 308. saith the Provincial Council of Narbon, Can. 15. 3. No Layman, upon penalty of Excommunication, must dispute publicly or privately touching the Catholic Faith, Bullar. Rom. To. I. p. 182. saith Nicholas the Third, Const. 2. §. 19 4. No Layman must have any Books of the Old or New Testament, except the Psaltery, the Breviary, and the Hours of the Blessed Virgin (three New Testament Books of the Roman Edition) any of which they must by no means have in the Vulgar Tongue, Concil. To. XI. p. 430. saith the Council of Tolose, Can. 14. And surely such unworthy Arts do give just Reason to all considering persons to suspect the Truth of that Religion which needeth thus to be supported by Oaths and Abjurations made by Children; by stopping of men's mouths, and not permitting them to ask that Reason of their Faith which all men are obliged 1 Pet. 3. 15. by their Christianity to be in readiness to give to all that ask it; and by withholding of those Scriptures of the Old Testament which are able to make 2 Tim. 3. 15. them wise unto Salvation; which by the Law of Moses were to be continually read unto, continually Deut. 6. 7. talked of by the People; to which they, by the Prophets, were advised to go, and by which to pass Esa. 8. 20. Judgement on those who spoke unto them of Religious matters; which our Lord doth enjoin them both Joh. 5. 39 to hear and search; as also his Apostles did, commending 2 Tim. 3. 15. them who from their youth had known, and who upon occasion search the Scriptures; and also those Act. 17. 11. of the New Testament, which were on purpose writ in the most vulgar Language of the World, that all might know them, and in great plainness of speech, 2 Cor. 3. 12. that they might understand them; and which were left to be a Rule of Faith and Manners to all succeeding Generations, which the Primitive Fathers do vehemently commend to the perusal of all Christians, and which the Heathen Persecutors, as fiercely as the Roman Catholics, did strive to wrest out of their hands. §. III. 2. If notwithstanding all this Care to keep them ignorant and blind, some by the strength of natural Reason and Religion, and others by conversing with men of better Principles, or reading that so pestilent, and therefore carefully forbidden Book, the Word of God, come to the knowledge of his Truth, and be convinced of the Superstitions and Follies of the Roman Doctrines, and so become, according to their notions, Heretics. 1. All imaginable Care is used that they may not escape their Hellish Cruelty, nor find a corner in Villages or Woods, above or under ground, which may preserve them from their Fury. And therefore, 2. For the better discovering and apprehending of Heretics, and those who favour and abet them, or are suspected of these matters, they have these following Persons authorised for that Work. Concil. To. XI. p. 619. The Bull of Martin the Fifth published with the consent and approbation of the general Council of Constance begins thus, Martinus Episcopus— Archiepiscopis, Episcopis ac Inquisitoribus Haereticae Pravitatis ubilibet constitutis. Bin. To. 7. p. 1119. 1. Inquisitors of Heretical Pravity constituted by his Holiness for that End. v. Leg. Fred. 2. 2. All Archbishops and Bishops in their respective Provinces and Dioceses, with their Officials and Vicars. And, 3. Abbots within their Precincts. And, 4. For the Assistence of these persons, every Governor or Magistrate throughout Lombardy and Italy is bound to keep twelve honest men, two Notaries, and as many Servants as the Bishop, or two of the Brethren Inquisitors shall think fit, who shall be bound to search after, apprehend Heretics, or bring them within the power of the Diocesan, or his Vicars, and to require all persons to assist them in so doing. Constit. Innocentii Quarti, cap. 3, 4. Clem. 4, Const. 13. Leg. 3. Concil. 10. XI. p. 605. Bullar. Rom. To. 1. p. 173. These are the persons authorised by as good Authority as the Court and Church of Rome hath any, to discover and apprehend the Heretic and his Abettors. And their Commission is exceeding large. For, §. IV. 1. If the Bishop, his Vicar, the Inquisitor, or these 12 Officers require it, the Magistrate must assist them in enquiring after, taking and spoiling Heretics, by sending Soldiers with them; this must be done by Cities under the Penalty of 100 li. by Villages under the Penalty of 50 li. by private persons under the Penalty of 25 li. Const. Innoc. IU. Concil. To. XI. p. 606. cap. 19 By the Constitutions of Clement the Fourth every Governor and private person is bound to assist the Inquisitors and Officials of the Bishop and his Bullar. Rom. To. I. p. 174. Visitor to apprehend Heretics. Const. 13. L. 18. 2. Concil. To. XI. p. 608. They also have Power to compel all the neighbourhood to swear, that if they know of any Heretics, or any that keep secret Conventicles, or any that believe, defend, receive or favour Heretics, they will endeavour to give notice of them to the Inquisitors appointed by the Apostolic See. Const. Innoc. IU. cap. 30. Ibid. p. 428. The Council of Tolose, Can. 1. decrees, That the Archbishops and Bishops shall, in every Parish within their Cities and without, bind one Priest, and two or three honest Lay men, or more, if that be needful, by their Oaths, that they will diligently, faithfully and frequently inquire after Heretics in the said Parishes, by searching any houses or subterraneal receptacles that may give suspicion of them; and if they find any Heretics, Believers, Favourers, Receivers or Defenders of them, they will secure them, that they may not fly, and then with all speed give intimation of them to the Archbishop, Bishop, Lord or Bailiff of the Place. Vide simile Statutum H. Chichley, Cant. Archiepiscopi, ed. A. D. 1416. Spel. Concil. To. II. p. 672. Ibid. p. 694. This Decree is renewed by the Provincial Council of Beziers held An. Do. 1246. Can. 34. by the Council of Alby, Can. 1. p. 722. by the Council of Arles, A. D. 1234. Can. 5. the Council p. 2341. To. 13. p. 325. of Saltzburgh held A. D. 1420. commands all persons under the penalty of Excommunication and eternal Death, as soon as they know that any Heretic is in their Territories, to reveal them to their Superiors; and all Magistrates, when the Inquisitors give notice of them, are bound under the same Penalty to apprehend, imprison and deliver them to the Inquisitors. Can. 32. And by the Constitutions of Nicholas the Third, Bullar. Rom. To. 1. p. 182. directed to all Christians, they are liable to excommunication who neglect to do so. 3. The Lords of Territories must be solicitous to inquire after Heretics in their Houses and Woods, and to destroy their Hiding places. Concil. To. XI. part. 1. p. 449. p. 427. Concil. Tolos. Can. 3. Stat. Raimundi, Com. Tolos. Concil. Albiense, Can. 4. p. 723. They must assist the Ordinary in taking them, under the Penalty of Excommunication. Part. 2. p. 1912. Concil. Paris. A. D. 1346. Can. 4. 4. All Earls, Barons, Rectors, and Consuls of Cities, and other secular Powers, bearing any Office whatsoever, must be admonished by the Diocesan to swear, that they will faithfully and efficaciously assist the Church, according to their Power and Office, against Heretics and their Accomplices, and will use their utmost diligence therein, and, if it be found necessary, they by Church Censures Part. 1. p. 679, 630. must be compelled so to do, saith the Council of Beziers, Can. 9 p. 693, 694. . the Council of Alby, Can. 20. pag. 726. the Provincial Council of Narbon, Can. 32. And suitably to this, the Canon Law determines, Decretal. l. 5. tit. 7. cap. 9 par. statuimus. That all Earls, Barons, Rectors and Consuls of Cities, and other places, shall, at the Admonition of the Bishops, engage themselves by Oath, that, being required by them, they will faithfully and efficaciously help the Church, according to their Office and Power, against Heretics and their Accomplices. §. V. Nor are these only the Decrees of Popes, and Emperors, and of Provincial Councils, but many of them are confirmed by their approved general Councils. For, 1. The fourth general Council of Lateran assembled A. D. 1215. Can. 3. (a) Adjicimus insuper, ut quilibet Archiepiscopus, vel Episcopus, per se aut per Archidiaconum suum, vel idoneas personas honestas, bis, aut saltem semel in anno, propriam Parochiam, in qua fama fuerit haereticos habitare, circumeat: & ibi tres vel plures boni testimonii viros, vel etiam, si expedire videbitur, totam viciniam jurare compellat, quod si quis ibidem haereticos sciverit, vel aliquos occulta conventicula celebrantes, seu à communi conversatione fidelium, vita & moribus dissidentes, eos Episcopo studeat indicare. Concil. To. XI. part. 1. p. 152. decrees that, all Archbishops, by themselves or their Archdeacon, or by some fit and honest persons, twice, or at the least once a year, shall visit their own Parishes, in which it is reported that any Heretics do dwell; and shall compel three or more men of good report, or if it seem expedient to them, the whole neighbourhood, to swear that if any of them know of any Heretics there, or of any that keep secret Conventicles, or that differ in their Lives or Manners from the common Conversation of the Faithful, they will endeavour to acquaint the Bishop with them. The general Council of Constance, that is, Martin the Fifth, (b) Discretioni▪ vestrae, sacro approbante Concilio Constantiensi, per Apostolica Scripta committimus & mandamus. Concil. Const. Sess. 45. Bin. To. 7. p. 1120. with the consent and approbation of that Council, (c) Vobis, & aliis omnibus Archiepiscopis, Episcopis & Electis ac Commissariis, & Inquisitoribus, virtute sanctae obedientiae praecipimus & mandamus, ut quilibet eorum, infra limits & loca suae Jurisdictionis,— circa exstirpationem & correctionem errorum & haeresum,— in favorem ipsius fidei orthodoxae diligenter invigilent, & omnes infamatos seu suspectos de tam pestifera labe sub confessali criminis, excommunicationis, suspensionis, interdicti, aut aliâ formidabili paenâ canonicâ, vel legali, prout, quando, & quemadmodum eis videtur expedire, & facti requireret qualitas, per juramentum corporaliter praestitum, tactis sacrosanctis Evangeliis, seu sanctorum reliquiis, imagine crucifixi, secundum quorundam locorum observantiam, juxta infra scripta interrogatoria, ad quemlibet Articulum convenientia respondere compellant. Concil. Constant. Sess. 45. Bin. To. 7. p. 1121. commands all Archbishops, Bishops, Inquisitors, Commissaries, or Elect persons, by virtue of their obedience, that every of them, within their limits or places of their Jurisdiction, diligently do watch for the extirpation and correction of all Errors and Heresies. And wheresoever they find any that are infamed or suspected to be guilty of those Crimes, to compel them under the Penalty of excommunication, suspension, interdict or confession of the crime, or any other more formidable punishment canonical or legal, to take a corporal Oath upon the Evangelists, the Relics of the Saints or a Crucifix, to answer to the Questions they shall ask them. Now the Questions, among many others, are these following, viz. 1. Pag. 1124. Whether they think it lawful that such an Oath should be imposed upon or taken by them for their Purgation, (i. e.) an Oath ex officio, obliging them to condemn themselves. 2. Whether they hold it a mortal Sin to be guilty of Perjury, though it be to save their Lives, or for the advantage of the Faith. This may be done by Catholics, but must not be done by Heretics. 3. Whether he believes, That, after the Consecration of the Priest, in the Sacrament of the Altar, under the Elements of the Holy Bread and Wine, there remains no material Bread and Wine, but the same Christ entirely, who suffered on the Cross, and sits at the right-hand of the Father. 4. Whether he believes, That, the Consecration being made by a Priest under the species of Bread alone, and without the species of Wine, there is the true Flesh, and Blood, and Soul, and Deity of Christ, and whole Christ, (in his broken body) and the same Christ absolutely, and under every one of the species in particular, (i. e.) whether there be one million of Christ's, and yet but one. 5. Whether he believes, That the Custom of communicating Laymen in the species of Bread alone,— approved by this Holy Council, be to be observed, so that it is not lawful to change it without the Authority of the Church, (i. e.) whether he hold that the Council, forbidding what Christ commands, is to be obeyed before Christ. 6. Pag. 1125. Whether he believes, That the Pope, being canonically elected, is the Successor of St. Peter, and hath supreme Authority in the whole Church of God? with many Questions of the like nature, containing the whole superstition of the Church of Rome. 2. (d) Si qui vero ex eis juramenti Religionem obstinatione damnabili respuentes, jurare fortè noluerint, ex hoc ipso tanquam Haeretici reputentur. Concil. Lat. quartum, Can. 3. Concil. To. XI. p. 152. If any person whom they suspect to be guilty of Heresy will not undergo their canonical Purgation, or by a damnable obstinacy refuses thus to swear in order to his Purgation, he is to be condemned as an Heretic; so the 4th general Council of Later. and the general Council of * Qui autem de Haeresi per Judicem competentem Ecclesiasticum inventi suerint sola suspicione notati, seu suspecti, nisi— propriam innocentiam congrua devotione monstraverint▪, in purgatione eye canonicè indictâ deficientes, & se canonicè purgare non valentes, aut pro hujusmodi purgatione facienda obstinatione damnabili jurare renuentes, tanquam Haeretici condemnentur. Concil. Const. Sess. 45. Bin. To. 7. p. 1121. Constance. 3. This Power is given to Archbishops, etc. throughout all, (e) Tam and Regnum Bohemiae, & convicinas illi, quam alias quaslibet parts in quibus haec superstitiosa doctrina quomodolibet pulla●erit. Ibid. parts of the World where any Heresy ariseth, viz. to make these Inquiries, and proceed accordingly; so that no Country, where this Religion doth obtain, can expect any thing but a continual Butchery of all that will not be most gross Idolaters. And, 4. They command their (f) Mandamus quatenus vos Archiepiscopi, Episcopi, & Electi, & quilibet vestrum, per se seu alium, vel alios, quos graves & idoneas personas spiritualem Jurisdictionem habentes esse volumus, omnes & singulos cujuseunque dignitatis, officii, praeeminentiae, status vel conditionis existunt, & quibuscunque nominibus censeantur, qui de praeexcelso— Sacramento corporis & sanguinis Domini nostri Jesus Christi, vel de baptismate, seu peccatorum confession, poenitentiae pro peccatis, injunctione, vel reliquis Ecclesiasticis sacramentis, seu fidei articulis, aliter sentire aut docere quam sacrosancta R. Ecclesia & universalis docet, praedicat & observat,— tanquam Haereticos judicetis, & velut Haereticos seculari curiae relinquatis. Concil. Constant. Sess. 45. apud Bin. To. 7. p. 1120. Officers to proceed against, and to condemn as Heretics, all persons of whatsoever Dignity, Office, Preeminence, State and Condition they shall be, and by what names soever they are called, who think otherwise of the Sacrament of the Body and Blood of Christ, or of Baptism, or of Confession of Sins, or Penance, or any other Sacraments, or Articles of Faith, than the H. Roman Church and Universal teacheth, and as Heretics, to give them over to the Civil Magistrate. Concil. Constan. ibid. And, 5. They renew the Constitution of (g) (Constitutionem) Felicis Recordationis Bonifacii Octavi, quae incipit, ut Inquisitionis negotium, renovantes, & etiam exsequentes, universos Potestates, & Dominos temporales, & Judices antedictos, quibuscunque dignitatibus, vel officiis, seu nominibus censeantur, exhortando requirimus, & mandamus eisdem, ut sicut reputari cupiunt, & haberi fideles, ac filii Ecclesiae nuncupari, & in Christi nomine gloriari ita pro defensione Fidei vobis Archiepiscopis, Episcopis, & Electis, ac Inquisitoribus haereticae pravitatis, & aliis Judicibus seu personis Ecclesiasticis per nos ad hoc— deputandis, fidem & communionem Sanctae Matris Ecclesiae tuentibus pareant & intendant, praeleán●que auxilium & favorem, in haereticorum, ne●●●● credentium, fautorum, receptatorum, & defensorum ipsorum investigatione, captione, custodia diligenti, cum ab iisdem fuerint requisiti. Ibid. p. 1121. Vid. Sexti Decretal. l. 5. tit. 2. c. 18. Boniface the Eighth, concerning the Inquisition, requiring and commanding all Powers, and Lords temporal, and Judges, of whatsoever Dignity, Name or Office, as they desire to be reputed Christians and Sons of the Church, and to glory in the Name of Christ, that they obey, and attend these Inquisitors, and other Ecclesiastical persons deputed, or hereafter, by the Apostolical See, to be deputed, for the finding-out and punishing of Heretics, affording them their aid and favour in finding-out, apprehending and imprisoning them, and all that do believe, favour, receive or defend them. And so much for the Laws made for enquiring after Heretics. §. VI 3. The Laws which do concern the Punishment of Heretics, when they are once discovered and apprehended, are either such as do declare what Punishments shall be inflicted on them; or such as do oblige men to inflict those Punishments upon them. Now the Punishments which by their Laws must be inflicted on them are these following, Concil. To. XI. p. 688. viz. Excommunication, Confiscation of their goods, Imprisonment, Exile, Death. Concil. Bitter. An. Dom. 1246. Can. 2. And, 1. Pag. 45●. Pag. 679. Pag. 726. Decretal. l. 5. Tit. 7. c. 13. They must be excommunicated, with all their Favourers, every week, saith the Council of Beziers, A. D. 1233. Can. 1. and An. D. 1246. Can. 8. And the Council of Alby, Can. 19 They are actually excommunicated saith their Canon Law. This Sentence doth pass upon them yearly in the Bulla Coenae. 2. They must lose all their Goods. For (1.) whosoever apprehends them (which all have liberty to do) hath free leave to take from them all their Goods, and full right to enjoy them. Concil. To. XI. p. 605. Const. Innocentii IU. cap. 2. And this Punishment, saith Innocent the Third, 7. Decretal. l. 5. Tit. 7. cap. 10. we command to be executed on them by the Princes, and Secular Powers, who shall by Ecclesiastical Censures be compelled thereunto. Moreover, after the Sentence is pronounced against them, their Goods, if they have any still remaining shall be all confiscated, and never shall return unto them. To. XI. p. 6● Const. Fred. 2. Concil. Bitterrense, Can. 3. p. 678. Statuta Raimundi, Com. Tolos. pag. 449, 450. Concil. Arelat. A. D. 1234. Can. 5. p. 2341. The very House in which the Heretic is found must be destroyed and never built again, and the ground must be confiscated, and so must all the other Houses contiguous to it, if they belong to the same person, (unless it appear to the Inquisitors that the Lords of them were wholly inculpable) and all the Goods of them must be sold, or become his that takes them. Ibid. p. 607. p. 428. p. 449. 450. Innocent. 4. cap. 26. Clem. 4. Const. 13. Leg. 25, 26. Concil. Tolos. Can. 6. Concil. Bitterr. Can. 35. p. 694. Concil. Albien. Can. 6. p. 723. Stat. Raimundi Comit. Tolos. Concil. provinc. Narbon. Can. 35. p. 694. 3. They are to be imprisoned without delay. And when they have them thus in hold, the Governor is, by the Constitutions of Pope Innocent the Fourth, obliged Citra diminut● nem member, mortis pericul● To. 11. p. 6● to compel them by any Punishments which do not dismember them, or endanger their death, expressly to confess their Errors, and to accuse all other Heretics they know of, and the Believers, Receivers, or Defenders of them, and to tell where their Goods are. Bullar. R. ● p. 174. Const. Innocent. 4. cap. 25. Which Constitution is received by Clemens the Fourth, Const. 13. Leg. 24. and is the ground of all the Hellish Cruelties which those poor Creatures meet with in the Inquisition. §. VII. 4. They must be banished, exterminated, or driven out of all places where they are. For the Council of Cologne commands Concil. To. 1● all that are subject to it to rise up against Heretics, their Favourers and Receivers, and faithfully to procure their Extermination. Can. 9 A. D. 1425. p. 363, 364. And in order hereunto, 1. All secular Powers must swear to expel Heretics out of their Dominions. To. XI. p. 622. The Constitutions of the Emperor Frederick the Second run thus, We make a perpetual Decree, That the Officers, Consuls, Rectors, whatsoever Office they enjoy, shall, in defence of the Faith, take a public Oath, That they will honestly endeavour with their utmost power to expel all Heretics, as such condemned by the Church, out of their Territories. ●●id. p. 423. And all that shall be admitted hereafter to any place of Government temporal or perpetual, shall be bound to take this Oath, or lose his Government. Ludovicus the Seventh, King of France, with the advice of his Nobles, sets forth his Edicts against Heretics, ●●ncil. To. XI. 423, 424. commanding all his Barons, Bailiffs, and other Subjects present and future, to be solicitous and intent to purge their Territories from Heretics and heretical Filth, and to swear to the observation of this and all the other Statutes made against them. They must swear to do their endeavours to exterminate out of their Dominions all Heretics, Believers, Receivers, Favourers, or Defenders of them, saith the Council of Alby, Can. 20. p. 726. ●●●cil. To. XI. ●●●2. p. 2340. The Council of Arles gives power to the Bishop to compel them by Church Censures to take this Oath. Can. 3. See the like, Concil. Bitter. Can. 9 p. 679, 680. Concil. provinc. Narbon. Can. 32. p. 693, 694. The Constitutions of Innocent the Fourth decree, XI. p. 605. that every Governor in Lombardy, having called a Common Council, shall put forth his Edict, to banish all Heretics from under his Jurisdiction, and to declare, That none of them shall stay within his Jurisdiction. Const. 2. Bull. Rom. To. I. p. 173. So also do the Constitutions of Clement the Fourth, Const. 13. Leg. 2. Now, for the better Execution of this Punishment, it is decreed, §. VIII. 1. That if any Governor knowingly permit a Heretic to abide in his Dominions he shall be excommunicated. Concil. Bitterr. Can. 2. p. 677. 2. That whosoever, having temporal Dominion, neglects to prosecute those who by the Church are denounced Heretics, or to exterminate them out of his Province, or Dominion, is to be deemed a grievous Favourer of Heretics. Incomparabilit●● Reus, p. 492. Concil. Narbon. Can. 15. 3. He who knowingly permits a Heretic to abide in his Dominions shall for ever lose them. And his Body shall be in the Power of his Lord, to do with him as he ought. Concil. To. XI. p. 428. Concil. Tolos. Can. 4. Concil. Bitterr. Can. 2. p. 677. Concil. Alb. Can. 5. p. 725. If the temporal Lord being required shall neglect to purge his Territory from heretical Pravity, after one year elapsed from the time of his Monition, saith the Emperor Frederick, we expose his Territories to be seized by Catholics, who, having exterminated the Heretics, without contradiction shall possess it, and preserve it in the Purity of Faith, so as no injury be done to the right of the superior Lord, who doth not any way oppose this Procedure; provided notwithstanding that the same Law take place against them who have no principal Lords. p. 622. Bull. Rom. To. p. 90. Const. Fred. 2. And this his Constitution is confirmed by Honorius the Third. Const. 1. §. IX. Now all these Constitutions of Popes, Kings, Emperors, Provincial Councils, are also confirmed by the approved general Councils of the R. Church; and are extended and enlarged by them to Kings, Emperors and Supreme Governors, and so they are not only Constitutions of State, or of the Court of Rome, but also of the whole Church of Rome. For, 1. The Fourth general Council of (a) Excommunicamus & anathematizamus ●mnem Haeresim extollentem se adversus hanc ●anctam orthodoxam Fidem quam superius ex●osuimus, condemnantes universos Haereticos qui●uscunque nominibus censeantur. Concil. Lat. Can. 3. Concil. To. XI. p. 148. Lateran begins the Chapter against Heretics thus, We excommunicate and anathematise every Heresy extolling itself against the H. Orthodox Catholic Faith, which we have now expounded, condemning all Heretics by what names soever they are called. (b) Eos & Defensores eorum & Recepto●es Anathemati decernimus subjacere. Concil. Lat. tertium. cap. 27. We anathematise them, their Defenders and Receivers, saith the Third general Council held there. 2. The Third general Council of (c) Bena ejusmodi Damnatorum, si Laici ●erint, confiscentur. Concil. Lat. quartum, ●an. 3. ibid. Confiscentur eorum bona, & li●rum sit Principibus ejusmodi homines subjice●● servituti. Lat. tertium, cap. 27. Bona ip●●um, à tempore commissi criminis, secundum ●●onicas Sanctiones confiscata. Concil. Const. ●●ss. 45. Bin. To. 7. p. 1121. Lateran under Alexander the Third, the Fourth general Council of Lateran under Innocent the Third, and the general Council of Constance decree that the Goods of Heretics, if they be Laymen, shall be confiscated. 3. They decree that the Temporal Lords, being required by the Inquisitors, Archbishops, Bishops, etc. (d) Ut praesatas personas pestiferas— in ●estatem, seu carcerem— infra eorundem Do●norum potestatem, seu judicum districtum scant, vel duci faciant, sine mora, ubi per ●ros Catholicos— sub arcta & diligenti custodia, nè fugiant ponendo eos etiam compedibus & manicis ferreiss, teneant, donec eorum negotium per Ecclesiae judicium terminetur. Concil. Const. Sess. 45. Bin. To. 7. p. 1121. shall within their Jurisdictions, without delay, imprison Heretics, and cause them to be kept in close custody, by putting them into Fetters and Iron Chains, till the Church hath passed sentence on them; and not * Vide Sext. Decretal. l. 5. tit. 2. c. 18. freeing them from prison without the Licence of the Bishop or Inquisitors. And, 4. They decree that the (e) Moneantur autem, & inducantur, &, si necesse fuerit, per Censuram Ecclesiasticam compellantur Seculares Potestates, quibuscunque funguntur Officiis, ut sicut reputari cupiunt & haberi fideles, it à pro defensione Fidei praestent publicè Juramentum quod de terris suae jurisdictioni subjecti; universos Haereticos ab Ecclesia denotatos bona fide pro viribus exterminare studebutn: it à quòd à modo quomodocunque quis fuerit in Potestatem sive spiritualem sive temporalem assumptus hoc teneatur capitulum Juramento firmare. Concil. Lat. quartum. Can. 3. ibid. Secular Powers, what Offices soever they enjoy, shall be admonished, and, if need be, compelled by Ecclesiastical Censure, that as they desire to be reputed Christians, so they will take an Oath for the defence of the Faith, that they will honestly endeavour with their whole Power to exterminate all Heretics, condemned by the Church, out of their Territories. Thus the fourth Lateran Council hath defined. The general Council of Constance requires (f) Omnes Christianae & Catholicae Fidei Professores, Imperatorem, Reges, Deuces, Principes, etc. necnon caeteros jurisdictionem temporalem exercentes juxta Juris formam & exigentiam Authoritate Apostolicâ exhortando moneatis & requiratis ut de Regnis, Provinciis, Civitatibus, Oppidis, Castris, Villis, Terris & Locis aliis, ac Dominiis supradictis, omnes & singulos Haereticos hujusinodi, secundum tenorem Lateranensis Concilii, quod iucipit sicut ait,— tanquam oves morbidas Gregem Domini inficientes, expellant: nec eosdem in suis districtibus praedicare, domicilia tenere, larem fovere, contractus inire, negociationes & mercationes quaslibet exercere, aut humanitatis solatia, N. B. cum Christi Fidelibus habere permittant. Conc. Const. Sess. 45. apud Bin. To. 7. p. 1121. A. Vide Concil. Lat. tertium, cap. 27. All Archbishops, Bishops, and other persons chosen for this Work, to admonish and require all Kings, Emperors, Dukes, Princes, Earls, Barons, etc. and by the Apostolical Authority to command them, to expel all Heretics forementioned out of their Kingdoms, Provinces, Cities, Towns, Castles, Villages, Territories and other Places, according to the Canon of the Lateram Council which begins with the words, Sicut ait, that is, according to the Twenty seventh Canon of the Third general Council of Lateran, which, under Anathema, forbids any one to let the Heretics there mentioned tarry within their Houses or Territories. 5. The Fourth Council of (g) Si verò Dominus temporalis requisitus, & monitus ab Ecclesia, terram suam purgare neglexerit ab hac haeretica foeditate, per Metropolitanum & caeteros Comprovinciales Episcopos excommunicationis vinculo innodetur, &, si satisfacere contempserit infra annum, significetur hoc Summo Pontifici, ut ex tunc ipse vasallos ab ejus fidelitate denunciet absolutos, & terram exponat Catholicis occupandam, qui eam, exterminatis Haereticis, sine ulla contradictione possideant, & in fidei puritate conservent, salvo jure Domini principalis, dummodo super hoc ipse nullum praestet obstaculum, nec aliquod impedimentum opponat, eadem nihilominus lege servatâ circa eos qui non habent Dominos principales. Ibid. p. 148, 149. Lateran adds, that if the Temporal Lord, being required and admonished by the Church, shall neglect to purge his Territories from Heretical Filth, he shall be excommunicated by the Metropolitan and his Suffragans; and if he neglect to give satisfaction within a year, this shall be signified to the Pope, that he, from hence forth, may pronounce his Subjects discharged from their obedience, and expose his Territories to be enjoyed by Catholics, who, having exterminated the Heretics, shall possess it without all contradiction, and keep it in the purity of Faith, so that no injury be done to the Principal Lord, who doth not oppose his procedure; provided notwithstanding that the same Law take place against them who have no Temporal Lords.; Now let it be observed that both the Councils of (h) Cord & ore prositeor fidem secundum traditionem octo Conciliorum generalium, neenon Lateranensis, Lugdunensis, Viennensis, Constantiensis, generalium etiam Conciliorum, & illam fidem usque ad unam apicem immutilatam servare, & usque ad animam & sanguinem defensare, & praedicare. Concil. Constant. Sess. 39 Basil. Sess. 37. Constance, and of Basil, do reckon this of Lateran among those Councils which all their Popes must swear to maintain to the least tittle, and to defend even to Blood; and that the Council of (i) Per Lateranense Concilium Ecclesia statuit. Sess. 14. c. 5. Trent not only hath declared it to be a general Council, but also doth affirm one of its Definitions to be the voice of the whole Church, and therefore these three general Councils must be supposed to approve all that is cited from this Council. The general Council of (k) Omnes & singulos Haereticos hujusmodi, necnon Sectatores ipsarum Haeresum & Errorum utriusque sexus, tenentes, & etiam defendentes eosdem, aut Haereticis ipsis quomodolibet, publicè vel occultè, in divinis, vel alias participantes, etiamsi Patriarchali, Archiepiscopali, Episcopali, Regali, Reginali, Ducali, aut aliâ quavis Ecclesiasticâ vel mundanâ praefulgeant dignitate,— excommunicatos singulis diebus dominicis & festivis, in praesentia populi nuncietis, & per alios nunciari faciatis, & nihilominus contra cosdem omnes & singulos, utriusque sexûs, hujusmodi errores tenentes, approbantes, defendentes, dogmatizantes ac Fautores & Receptores & Defensores eorundem,— & quemlibet ipsorum, cujuscunque dignitatis, status, praeeminentiae, gradus, ordinis vel conditionis existunt, auctoritate nostrâ diligenter inquirere studeatis, & eos quos per inquisitionem hujusmodi diffamatos, vel per confessionem eorum, vel per facti evidentiam, vel alias hujusmodi haeresis & erroris labe respersos reperretis, auctoritate praedictá, etiam per excommunicationis, suspensionis, & interdicti, necnon privationis dignitatum, personatuum & officiorum, aliorumque beneficiorum Ecclesiasticorum●●● soudorum, quae à quibuscunque Ecclesiis, Monasteriis, ac aliis locis Ecclesiasticis obtinent, ac etiam bonorum & dignitatum secularium— & per alias poenas, sententias & censuras Ecclesiasticas, ac vias & modos quos ad hoc expedire, seu opportunos esse videritis, etiam per captiones & incarcerationes personarum, & alias poenas corporales quibus Haeretici puniuntur, seu puniri jubentur, aut solent, juxta Canonicas Sanctiones. Concil. Constant. Sess. 45. apud Bin. To. 7. p. 1125. Constance decrees that all Heretics, all Followers and Defenders of them, or Partakers with them, though they shine in the Dignity of Patriarches, Archbishops, Bishops, Kings, Queens, Dukes, or any other Ecclesiastical or Mundane Title, shall be pronounced excommunicate in the presence of the People every Sunday and Holiday: And that the Archbishops, Bishops, and Inquisitors shall diligently inquire concerning them, who hold, approve, defend, dogmatise or receive such Heresies or Errors as they before had mentioned, of what Dignity, State, Preeminence, Degree, Order or Condition soever they are, and if they be found guilty or infamed, by their Authority shall proceed against them by the Punishments of excommunication, suspension, interdict, as also of deprivation of their Dignities, Offices and Benefices Ecclesiastical, and also of their Secular Dignities and Honours, and by any other Penalties, Sentences, Ecclesiastical Censures, ways or manners which they shall judge expedient, even by taking and imprisoning their persons, and executing upon them any corporal Punishments with which Heretics use to be punished, according to the Canonical Sanctions. The general Council of Sienna Concil. To. XII. p. 367. confirming this Bull of Martin the Fifth made with the approbation and concurrence of the Council of Constance, and so, upon the matter, renews all the forementioned Decrees. §. X. And whereas our dear Lord declares, he came not to destroy men's lives, but to save them, they have set up under the Banner of the Cross an Host of men on purpose to exterminate, destroy and butcher those whom they are pleased to call Heretics, and, to encourage them in this inhuman service, do promise them the greatest privileges. The (l) Si Bohemi non venerint ad Concilium sic solenniter mandati, tunc Principes & Christi Fideles poterunt ad pugnam animari: (& paulò post) justè induci possit bellum contra Haereticos damnatos. Append. ad. Concil. Basil. apud Bin. To. 8. p. 200. Council of Bourges, approved by the general Council of Basil, declares, that War may justly be waged against condemned Heretics, and that Princes and Christian People may be animated to fight against them. The Fourth general Council of (m) Catholici verò, qui Crucis assumpto charactere, ad Haereticorum exterminium se accinxerint, illâ gaudeant indulgentiâ, illoque sancto privilegio sint muniti, quod accedentibus in terrae sanctae subsidium conceditur. Concil. Lat. quartum, To. XI. p. 149. Lateran decrees, that they who under the badge of the Cross will set themselves to exterminate Heretics, shall enjoy that Indulgence and that holy Privilege which is granted to them who go in defence of the Holy-land, and that is full remission of all their sins which they confess, and for which they have been contrite, and a greater degree of everlasting Happiness than others may expect. Can. 3. The Third general Council of (n) Eos qui ardore Fidei ad (Haereticos praefatos) expugnandum, laborem iustum assumpserint, sicut eos qui sepulchrum dominicum visitant sub Ecclesiae defensione recipimus, & ab universis inquietationibus tam in rebus quam in personis, statuimus manere securos; & rursus fidelibus Christianis qui contra eos arma susceperint biennium de poenitentia injuncta relaxamus, aut si longiorem ibi moram habuerint, Episcoporum discretioni, quibus hujus rei cura fuerit injuncta, committimus, ut ad eorum arbitrium secundum modum laboris, major eyes Indulgentia tribuatur. Concil. Lat. 3. cap. 27. apud Bin. To. 7. p. 662. Lateran decrees, they shall be taken under the defence of the Church, and shall be secure from any manner of molestation in their Goods and Persons, and shall have two years release of the Penance enjoined them, and receive greater Indulgence at the discretion of the Bishops. Cap. 27. The general Council of Sienna decrees, that all who prosecute and procure the extirpation of the Wicklefists and Hussites, shall enjoy all the Rights, Privileges and Indulgences concerning the Pardon of their Sins, which have been granted to them that rise up against Heretics. And to Statuit haec sancta Synodus, quod quicunque capientes Haereticos, & in potestatem Ordinariorum vel Inquisitorum Haereticae pravitatis effectualiter ponentes, vel eos, quos detinere, seu capere non possent, de eorum territoriis omnes expellentes, aut bannientes, seu etiam requisiti, brachium seculare contra eos praestantes eam Indulgentiam consequantur quae dari consuevit personaliter proficiscentibus in subsidium Terrae Sanctae. Concil. To. 12. p. 368, 369. all that will prosecute those Heretics, apprehend or bring them to the Inquisitors, or, if they cannot apprehend, will expel them from their Territories, and, if they be required fight against them; they promise all the Privileges granted to those who went to the assistance of the Holy-land. So also doth the Canon Law. Eugenius Decretal. l. 5. Tit. 7. cap. 13. the Fourth, in his Bull of Revocation of the general Council of Basil objects this to them, That against the Decrees of the Holy Fathers, and the Edicts of Emperors, which deny the admitting Heretics to audience, and in prejudice to the Authority Apostolic, and the Authority of the H. Councils, they had invited the Bohemians to dispute at Basil, about certain Articles condemned by the Decrees of Popes and Councils, it being, saith he, notorious to the whole World, that the Bohemian Heretics were maturely and solemnly condemned in the Council of Constance and in the Council of Sienna, were by divers Processes of the Apostles See and his Legates aggravated once and again, and that War was proclaimed and the Secular Arm invoked against them. Invocatione etiam auxilii brachii secularis, & publici belli indictione multiplici. Bin. To. 8. p. 267. (o) Coeleste Regnum à Deo consequitur qui pro Christianorum defensione moritur. He shall obtain of God the Kingdom of Heaven who dies for the defence of Christians, saith a Lemma of the Canon Law: the words of the Chapter are said to be directed by Leo the Fourth to the French Army; and they speak thus, viz. Omni timore & terrore deposito, contra Inimicos Sanctae Fidei, & Adversarios omnium Religionum agere viriliter studete; novit enim Omnipotens si quilibet vestrûm morietur, quod pro veritate Fidei,— ac defensione Christianorum mortuus est, & ideo ab eo praemium coeleste consequetur. Decret. Part. 2. Caus. 23. qu. 8. cap. 9 laying aside all fear and terror, act boldly against the Enemies of H. Faith, and the Adversaries of all Religion; for the Omnipotent knows, that if any of you dies he dies for the true Faith, the Preservation of his Country, and the Defence of Christians; and therefore he shall obtain of God a Heavenly Reward. §. XI. Concil. To. XI. p. 619, 621. The last Punishment which these poor Creatures must undergo is Death. They shall not be suffered to live, say the Constitutions of Frederick the Second. The Natareni and all other Heretics shall be duly punished by the Secular Judge, they shall take them away by a damnable Death, say the same Constitutions, p. 619. For their Extirpation, we decree, saith Ludovicus the Seventh King of France, Concil. To. XI. p. 423. that, being condemned, they shall be punished with the Animadversion due unto them. So also doth the Canon Law. Decretal. l. 5. tit. 7. cap. 13. By the Statute of our King Henry the Fourth, against the Llollards, after the Sentence pronounced against these Heretics; the Mayor, the Sheriff, or their Officers, who must be present at the Execution, must take them into their Custody, and burn them before the People in some eminent place. Concil. Tom. 11. part. 2. p. 2101. A. D. 1408. The Constitutions of Frederick the Second decree, Pag. 619. that the same Punishment shall be inflicted upon those who cherish and defend them. And upon all who having once adjured their Heresy relapse into it. Ibid. p. 620. If after Death they shall be found to have been Heretics, their Bodies must be digged up, and their Bones burnt. Concil. Albiense, Can, 25. p. 727. And the temporal Lords, by the Diocesun, and the Inquisitors, must be compelled by Ecclesiastical Censures to dig up their Bodies. Concil. Alb. Can. 27. p. 728. Moreover, The Sons and Nephews of Heretics or of their Receivers, Defenders or Favourers, must be admitted to no public Offices or Benefices Ecclesiastical or Secular, To. XI. p. 622. nor to succeed to the Inheritance of their Fathers. Const. Fred. 2. Innocent. 4. Bull. Ro. To. I. p. 182. cap. 29. p. 608. Nich. 3. Const. 2. §. 21. These are the Laws established which lay an Obligation upon those of this Communion to punish Heretics. §. XII. And that what they have thus established may be inviolably observed, they decree, 1. That all the Governors forementioned must proceed according to their Constitutions against all Heresies extolling themselves against the Church of Rome. Clem. 4. Constit. 8. §. 2. ubi supra. 2. That Pag. 608. these Punishments of Heretics must by no means be relaxed. Const. Innoc. 4. Cap. 32. Clem. 4. Const. 13. Leg. 34. Bull. To. 1. p. 175. and as they must not be relaxed, so neither must they be delayed. For, 3. When any person is condemned for Heresy, the Magistrate, within five days, must execute the Sentence which hath passed upon him. Innoc. 4. Const. Pag. 607. cap. 24. he must presently receive them into his Custody for that end. Clem. 4. Const. 13. Leg. 23. Bull. Rom. p. 174. He shall punish them without delay. Const. Ludovici, To. XI. p. 423. Regis Francorum. And, 4. That no person may have any temptation or excuse, either for the relaxing or delaying of them, they are required to execute them without enquiry made into the Justice of them; For by the Constitutions of Innocent the Eighth, All Magistrates, under the Penalty of Excommunication, must execute the Penalties by the Inquisitors imposed on Heretics, without revising the Justice of them; Because Heresy is a Crime merely Ecclesiastical. Const. 10. Bull. Rom. To. 1. p. 453. §. XIII. Moreover, That no Governor may plead Ignorance as to any of these Laws, by the Constitutions of Innocent the Fourth, To. XI. p. 609. Every Governor must have a Copy of these Laws inserted into the Statute Book of the City where he doth preside. Const. 33. Clemens the 4th commands all Rulers throughout Italy, to write down in their Chapter-acts, or in their Books of Statutes, the Constitutions set forth against Heretics by Innocent the Fourth, and Alexander the Fourth, Bull. Rom. To. I. p. 166. Const. 8. §. 1. And, 2. If any blot out, diminish or alter any of these Constitutions without the consent of the Apostolic▪ See, he must be proceeded against as a public Defender or Favourer of Heretics, Innocent. 4. Pag. 609. Const. 34. Clem. 4. Const. 13. Leg. 37. p. 175. And that no person may plead an Obligation by virtue of any other Constitutions, to neglect the prosecution of these Laws. 3. All Statutes contrary to these, throughout all Italy, must be abolished and razed out of all places and Cities within their Jurisdiction, Innocen. 4. Pag. 609. Const. 37. Clem. 4. Constit. 13. Leg. 39 By the Constitution Bull. Rom. To. I. p. 175. of Vrban the Fourth, Sexti Decretal. l. 5. tit. 2. cap. 9 the Statutes of any City, Castle, Village, or other place, whereby the business of the Inquisition of Heretical pravity is directly or indirectly hindered or retarded, are made void, and the Rectors and Governors of those places are, by Ecclesiastical Censure to be compelled to revoke them. §. XIV. Again, That knowing of these Constitutions they may not dare to be remiss as to the Execution of them; at their Admission they must swear to the Observance of them, he who will not do so, must not be owned as a Governor in any place of Italy, nor must any of his Acts be valid, nor any person be obliged to perform the Oaths made to him, To. XI. p. 604. Innoc. 4. Const. 1. Clem. 4. Const. 13. Leg. 1. Nor is Bull. Rom. To. I. p. 173. p. 622. he, by the Laws of Frederick the Second, to be admitted as a Governor in any place of the Empire. And these two Constitutions are made a part of the Canon Law, as you may see, Sexti Decretal. l. 5. tit. 2. cap. 11. If, having thus sworn, he shall neglect to observe all, and several of these Constitutions, he must be devested of his Office and Government, and be henceforth uncapable of any Dignity, Office and Honour, To. XI. p. 604. and must be prosecuted as a person infamous, perjured, suspected concerning the Faith, and a Favourer of Heretics. Bull. Rom. To. I. p. 173. Const. Innoc. 4. Const. 1. Clem. 4. Const. 13. Leg. 2. If he do not proceed according to these Rules against all Heresies extolling themselves against the Church of Rome, he must be punished with an Excommunication and an Interdict upon his Jurisdiction, to be inflicted by the Inquisitors on all Refusers. p. 166. Constit. 8. §. 2. Constit. 13. §. 2. p. 172. If any Bishop be negligent or remiss in purging of his Diocese from Heretical pravity, he, by the (a) Si quis Episcopus, super expurgando de sua Diocaesi Haeretica pravitatis sermento, negligens fuerit vel remissus, cum id certis indiciis apparuerit, ab Episcopali Officio deponatur, & in locum ipsius alter substituatur idoneus, qui velit & possit Haereticam confundere pravitatem. Concil. Lat. Can. 3. Concil. To. XI. p. 152. Canon of the Fourth general, Council of Lateran, must be deposed from his Episcopal Office; and the same Punishment is threatened by the general Council of (b) Nos enim contra omnes Archiepiscopos, Episcopos, etc. qui super extirpando Haereticae pravitatis sermento— negligences fuerint,— usque ad privati nem seu depositionem Pontificalis Dignitatis procedere intendimus & procedemus. Sess. 45. apud Bin. To. ●. p. 1122. Constance to all Archbishops, Bishops, or Inquisitors who are thus negligent and remiss, and also by the Canon Law, Decretal. l. 5. tit. 7. cap. 13. To. XI. p. 428. If any Bailiff be negligent in this Work, he must lose his Goods and be uncapable of the Office. Concil. Tolos. Can. 7. Concil. Albiense, Can. 7. p. 723. If any person whatsoever will not execute the Sentence of the Inquisitors, he must be compelled to it by Ecclesiastical Censures; and if then he amend not, both his Diocesan and the Inquisitors must proceed against him as a Defender and Favourer of Heretics.; Concil. To. XI. p. 698. p. 726. 727. So the Council of Valence, A. D. 1248. Can. 9 Concil. Albiense. Can. 22. A. D. 1254. §. XV. And that no man may dare to give these Vide Bullam Nichol. 3. Const. 2. §. 3. Bull. Rom. To. I. p. 182. & Clem. 4. Const. 13. l. 27. p. 175. Heretics Credit, or show them the least Favour, they have decreed, 1. That all who are Believers of Heretics, or give Credit to their Errors, shall be condemned and punished as Heretics. Innoc. 4. Const. 27. Now such a one is he, saith the Provincial Council of Narbon, To. XI. p. 495, 496. who shows them any Reverence, who believes that they, continuing in their Sect, may be saved, or may be good and holy Men, or Friends of God, or of good Life and Conversation, or that they who prosecute them do offend. Can. 29. They are to be reputed Favourers of Heretics, saith the Provincial Council of Narbon, P. 492. Can. 14. who hinder the Cor-rection or Extirpation of Heretics, and those that believe them, or do not do that which without manifest fault they cannot omit towards it; they greatly favour them who conceal them when they may and aught to reveal them; they more, who by concealing of them maliciously endeavour to hinder their Examination, Incarceration or Punishment; they most of all, who release them without the consent of the Church, when they are taken or imprisoned, or by whose Counsel, Aid or Command, such things are done: Ibid. Can. 16. Nor are they free from this Crime, who, having opportunity of place and time, and power to apprehend Heretics, or help others so to do, wickedly let it slip, especially, when they are required to assist by others that are willing to apprehend them. 2. Credentes verò praeterea, Receptores, Defensores & Fautores Haereticorum, Excommunicationi decernimus subjacere: firmiter statuentes, ut postquam quis talium fuerit Excommunicatione notatus, si satisfacere contempserit infra annum, extunc ipso jure sit factus infamis, nec ad publica Officia, seu Consilia, nec ad eligendos aliquos ad hujusmodi, nec ad Testimonium admittatur: Sit etiam intestabilis, ut nec tesrandi liberam habeat facultatem, nec ad haereditatis successionem accedat: Nullus praeterea ipsi super quocunque negotio, sed ipse aliis respondere cogatur, quòd si fortè Judex exstiterit, ejus sententia nullam obtineat firmitatem, nec causae aliquae ad ejus audientiam perferantur; si fuerit Advocatus, ejus patrocinium nullatenus admittatur; si Tabellio, ejus instrumenta confecta per ipsum nullius penitus sint momenti, sed cum Autore damnato damnentur. Concil. Lat. quartum, Can. 3. Concil. To. XI. p. 149, 150. If any Believer, Receiver, Defender or Favourer of Heretics, being excommunicated, do not satisfy (the Church) within a year, he from hence forward shall be infamous, and shall not be admitted to give Testimony, or to public Offices, or to Councils, or to the Election of those that belong to them: he shall have no power of making any Will, or succeeding to any Inheritance: No man shall be obliged to answer him in any Cause, but he shall be compelled to answer others; if he be a Judge, his Sentence shall be void and null, nor shall any Causes come before him; if an Advocate, he shall not be admitted to plead; If a Clerk or Notary, the Instruments drawn by him shall be of no moment. So the Const. Concil. To. XI. p. 622, 623. Bull. Rom. To. I. p. 182, 175. Freder. 2. the Constitutions of Clement the Fourth, Const. 27. And lastly, All this is confirmed by the Fourth general Council of Lateran in express words, To. XI. p. 150. 149. Cap. 3. de Haereticis, and by the Canon Law, Decretal. l. 5. tit. 7. cap. 13. §. XVI. Moreover, for the Security and the Encouragement of such as shall accuse them; Whereas▪ according to the Laws of heathen Rome, no man could Act. 25. 16. be condemned, till he had his Accusers brought before his Face, they have decreed that the Names of the Accusers of Heretics shall not be made public either by Word or Sign, because this is the pleasure of the Apostolic See. So Concil. Narbon. A. D. 1235. Concil. To. XI. p. 494. p. 689, 690. Can. 22. Concil. Bitter. An. Do. 1246. cap. 10. And whereas, in other Cases, by the Laws of all Nations, notorious Criminals, infamous and perjured Persons, were not to be admitted to give Testimony against others, especially in matters of Life and Death: All Criminals, and infamous Persons, though Partakers with them in their Crimes, may be admitted to accuse Ibid. p. 494. p. 690. and testify against the Heretics. Concil. Narbon. An. Dom. 1235. Can. 24. Concil. Bitter. An. D. 1246. cap. 12. §. XVII. Now suitably to these Decrees and Principles the Pope hath frequently proceeded, depriving Civil Governors of their Dominions, as being Favourers of Heretics, or as neglecting to extirpate Heretics out of their Territories. For (a) Raimundus, Comes Tolosanus, Albigensium Fautor, jam saepius excommunicatus, cum & ditionem suam cuivis occupanti à Pontifice concessam cerneret, etc. Concil. To. XI. pag. 35. Raimund, Count of Tolose, was excommunicated by Innocent the Third, because he was a Favourer of Heretics, and his Dominions, by the Pope, were given to any person who would seize upon them. In the year 1210. the Citizens of Tolose were by the Council of (b) In quo Concilio excommunicati fuerunt, & expositi, Cives Tolosani, pro eo quod ea quae Legato, & Cruse signatis, promiserant, de expulsione Haereticorum, adimplere contempserant. Ibid. pag. 53. Avignion excommunicated, because they neglected to perform what they had promised concerning the Expulsion of Heretics. In a Council held at Vaur, A. D. 1213. (c) Arnaldus Apostol. Sedis Legatus, datis literis, Auctoritate Apostolicâ, Regem admonuit, quin etiam imperavit, ut à protectione, defension, communionéque Haereticorum abstineret, alioquin easdem censuras & poenas Ecclesiasticas in eum pronunciaret. Bin. To. 7. p. 792. Arnaldus the Pope's Legate, by the Apostolic Authority, doth admonish and command the King of Arragon to abstain from the Protection, Defence or Communion of Heretics, threatening that otherwise he would pronounce against him the same Censures and Ecclesiastical Punishments which are denounced against them. Yea the Pope himself informs him, that if he proceeded to be a (d) Nec nos tibi contra Fidei Christianae negotium possemus parcere vel defer, quantum enim tibi unmineret periculum, si Deo & Ecclesiae, praesertim in causa Fidei, te opponeres— moderna possunt te exempla monere. Concil. To. XI. p. 95. Favourer of Heretics, he could not spare him, nor delay his Punishment; and that he might by the Example of others, who of late had opposed themselves to God and the Church, perceive what great danger hanged over his head. The occasion of all this was as followeth; Peter, King of Arragon, solicits for Raimund, Count of Tolose, that he might be received into the Church, and for the (e) Vt Comes Convenarum restituatur ad terram suam, ut Comes Fuxensis restituatur ad sua. Concil. To. XI. p. 82. Pro certo intelleximus, quod Comes Convenarum Foedus cum Haereticis & eorum Fautoribus contraxisset, constatque de Comite Fuxensi, quòd Haereticorum extit it à longo tempore Receptator, p. 83. Counts of Cominges and Fux, That they might be restored to their own again. To this the Council answer, That Count Cominges had made a League with Heretics and their Favourers, and that the Count of Fux was a Receiver of them, and therefore his Majesty ought not to intercede for them till they have satisfied the Church. Whereupon the King sides with them, endeavouring to obtain by Force, what by Petition he could not obtain. In the year 1214. a Council met at (f) In hoc tandem omnium & singulorum vota & consilia convenerunt, ut nobilem Comitem Montisfortis eligerent in totius terrae illius Principem & Monarcham.— postquam ergò Archiepiscopi & Episcopi elegerunt praenobilem Comitem, instantissimè requisierunt à Legato, ut ipse statim traderet totam terram eidem Comiti.— Dominus Papa— commendabat Comiti Montisfortis custodiendam, donec in Concilio generali, quòd in Kalendis Novembris illius anni, Romae convocaverat, de terris praedictis pleniùs ordinaret. Concil. To. XI. p. 104. Montpellier, of five Archbishops, and 28 Bishops, who choose the Count of Montfort, Prince and Monarch of the Dominions of the Count of Tolose, the forementioned Favourer of the Albigenses, desiring the Pope's Legate to confirm their choice. He, having no Instructions touching this matter, acquaints the Pope with their Request, who doth immediately commit to him the Custody and allow him the Benefit of those Dominions, referring the matter of the Title to the Decision of the Fourth general Council of Lateran, then called, and the next year assembled, which resolves the Case thus; Concil. To. XI. p. 148, 149. That the Pope shall absolve the Subjects of such Favourers of Heretics from their Allegiance, and expose their Territories to be enjoyed by Catholics, who, having destroyed the Heretics, shall possess it without any Contradiction, so that no Injury be done to the Principal Lord; who in this Case was the French King. In a Council held in the Province of (g) Statuimus & praecipimus observari districtè, ut Raimundus, filius Raimundi, quondam Comitis Tolosani, Comes Fuxensis, etc. Tolosani Haeretici, Credentes, Fautores, Defensores & Receptatores eorundem, Candelis accensis, pulsatis Campa●●●●, de●uncientur excommunicati, & expositi cuilibet occupanti, tam in rebus quam in personis per singulas Parochias, singulis diebus Dominicis & Festivis. Concil. Narbon. Can. 17. Concil. To. XI. p. 308. Narbon, An. Dom. 1227. Raimund the Son of Raimund, Count of Tolose, the Count of Fux, the Heretics of Tolose, and the Receivers, Believers, Favourers, Defenders of them are denounced excommunicate by Bell, Book and Candle, and are exposed, as to their goods and persons, to every one that can seize on them. A. D. 1281. (h) Michaelem Palaeologum, qui Graecorum Imperator nominatur, tanquam eorundem Graecorum, antiquorum Schismaticorum, & in antiquo Schismate constitutorum, & per hoc Haereticorum, necnon & Haeresis ipsorum ac Schismatis antiqui Fautorem, de fratrum nostrorum Concilio denunciamus Excommunicationis Sententiam latam à Canone incurrisse, ac ipsius fore Sententiae vinculo innodatum. Caeterum universis & singulis Regibus, Principibus, Ducibus, etc. & caeteris omnibus cujuscunque sint praeeminentiae, conditionis aut statiis,— districtius inhibemus, nè cum eodem Michaele Palaeologo, in hujusmodi Excommunicatione manente, societatem vel confoederationem aliquam contrahere sub quovis ingenio vel machinatione praesumant;— omnes & singulares personas contrarium facientes— Sententiam Excommunicationis, quam nunc in ipsos ●erimus, volumus incurrere ipso facto— & nihilominus societates confoederationum ipsas, etiamsi poenarum & juramenti adjectione, vel quacunque fuerint aliâ firmitate vallatae, decernimus irritas & inanes. Mart. Const. Unic. Bull. Rom. To. I. p. 182, 183. §. 1, 2, 3. Martin the Fourth doth pass the Sentence of Excommunication, actually incurred, against Michael Paleologus, as being a Favourer of those Schismatics, the Greeks, and therefore a Maintainer of Heretics, and of their Heresies and Schisms— and he moreover doth command all Kings, Princes, Dukes, etc. and all other Persons, of what Dignity, Condition or Estate soever, under the Penalty of the same Excommunication, to make no Leagues or Confederacies with him; pronouncing all such Confederacies null and void; though they have been confirmed with an Oath, or any other firmness whatsoever. A. D. 1307. Clement the Fifth, by the Advice of Extrav. Com. l. 5. tit. 10. cap. 3. his Brethren, doth pass the very same Sentence upon Andronieus Paleologus, the Emperor of the Greeks, for the same Crime. A. D. 1326. Castrutius, Governor of Luca, is condemned Spond. Annal. To. 1. p. 418. §. 2. by the Pope's Legate, as a Persecutor of the Church, and a Favourer of Heretics and Schismatics, and is deprived of all his Dignities, and exposed to every one that would fall upon him. A. D. 1425. Martin the Fifth pronounceth a most 16. p. 791. §. 1. heavy and severe Sentence against the Person and Kingdoms of Alphonsus, King of Arragon, as being a Favourer of Schism. A. D. 1512. Julius the Second, having notice that Apud Spond. To. 2. p. 297. §. 23. the King of Navarre favoured the Enemies of the Church, he recurred to that last Remedy which is wont to be used against Rebellious Princes, execrating the King and Queen of Navarre, depriving them of their Dominions, and exciting all Princes to seize upon the common Prey. * Tanquam Sectartorum Fautorem & Defensorem publicum & manifestum. Vide Thuan. l 82. p 45. Bull. Sixti 5. edit. A. D. 1585. Henry the Third of France spared the Blood of Protestants, and refused to declare his Successor uncapable of the Succession, though he was a Protestant; wherefore Sixtus the Fifth, A. D. 1585.▪ excommunicates him as a manifest Favourer of Heretics, and grants Nine years of true Indulgence to any of his Subjects who would bear Arms against him, and doth absolve them all from their Allegiance to him. Upon this, his Subjects rebel against him, and Friar Clement murders him. A. D. 1592. Clement the Eighth declares▪ that Henry Spond. ibid. p. 875. §. 4. the Fourth of France was unworthy of the Kingdom, as being a Destroyer of the Orthodox Faith and a Favourer of Heretics, and therefore he commands the Election of another. A. D. 1570. (i) Declaramus praedictam Elizabetham Haereticam, Haereticorúmque Fautricem, praetenso Regni praedicti jure, nec non omni & quocunque Dominio, Dignitate, Privilegioque privatam, & etiam Proceres, Subditos & Populos dicti Regni qui illi quomodocunque juraverunt, à Juramento hujusmodi, ac omni prorsus Dominii, Fidelitatis, & Obsequii debito, perpetuo absolutos. Bull. Pii Quinti. Bullar. To. 2. p. 303. Pius the Fifth declares Q. Elizabeth a Heretic and a Favourer of Heretics, and for that Cause deprived of all Dominion, Dignity and Privilege whatsoever, and her Subjects absolved from their Oaths, and from all Duty, Allegiance and Obedience, by that Oath due unto her. §. XVIII. Let it be then considered, that though Councils join with Popes in the making of Canons, yet by the Constitutions of that Church the Pope alone is he to whom belongs the Execution, and the Authentical expounding of those Canons, as they must be reduced to practice: And that the Pope is authorized by their (k) Nos enim unum Ecclesiae corpus sumus, & ipse hujus corporis caput sub Capite Christo, quicquid igitur fit ab hoc corpore Ecclesiastico, ab ipso magis quam ab alio corporis membro procedere censetur, itaque non secus Synodalia Decreta pro suo debito & honore exequi debet, ac per alios servari facere, quam si ab ore proprio dictata & promulgata essent. Resp. Synod. Basii. apud Binium, To. 8. p. 141. A. C. D. Quoties aliqua de universali Synodo aliquibus dubitatio nascitur, ad recipiendam de eo quod non intelligunt rationem, two qui salutem animae suae desiderant, ad Apostolicam Sedem pro recipienda ratione conveniant. Decret. part. 1. dist. 17. cap. 4. Si quid eos de judicio universalis Synodi quod Constantinopoli per primam nuper elapsam indictionem actum est, fortè movebat ad Sedem Apostolicam Electis aliquibus de suis qui dare & accipere rationem possent dirigere debuerant. Decret. part. 2. caus. 23. qu. 5. cap. 43. Si in his recipiendis aliqua difficultas oriatur, aut aliqua inciderit quae declarationem, quod non credit, aut definitionem postulant, confidit Sancta Synodus B. R. Pontificem curaturum, etc. Synod. Trident. Sess. 25. p. 648. Councils, both to interpret and to execute their Canons during the Interval of their Sessions. And then, this being well considered, you will find reason to conclude, that their whole Church is very much concerned in what the Popes do practise by virtue of those Canons, or in pursuance of them. And unless that Practice of the Popes in Execution of the Canons, which is allowed by Councils themselves, during the Intervals of their sitting, may be reputed the Practice of their Church, I cannot imagine how they can impute any thing to their Church which is not done in Councils: And if that only which is done in Councils must be reputed as done by the Church, the Church must wholly be unactive in the Intervals, and unable to exercise any Authority by virtue of such Canons as have no Authentical Expositor, and no man authorized to execute them. §. XIX. Moreover though any Prince, who hath embraced the Romish Faith, should promise not to prosecute his Protestant Subjects according to the tenor of these severe and sanguinary Laws, yet cannot his most solemn Promises give to them any just Security of Freedom and Exemption from these Punishments. This will sufficiently appear, if we consider, 1. That the same impulse of Conscience that makes a man a R. Catholic, will also make him act like one, when he hath opportunity to do it; it therefore must engage him to believe that the Decrees of (l) Nec quisquam illud dicere praesumat quòd aliquod generale Concilium legitimè congregatum errare possit, quia si hic perniciosus Error admitteretur tota Fides Catholica vacillaret, nec aliquid certi in Ecclesia haberemus, quia qua ratione errare potest unum, possint errare & reliqua Concilia. Basil. apud. Bin. To. 8. p. 128. Blasphemia esset, si quis negaret Spiritum Sanctum dictare Sententias, Canon's & Decreta Conciliorum. Ibid. p. 131. Haereticum illum fateri debetis qui putat Concilium generale in his quae ad Fidem seu bonos mores N. B. pertinent posse errare, p. 135. Est certa regula, indeficiens mensura, Cunctos fideles rectissimè regulans, quae credenda aut agenda sunt saluberrimè demonstrans, p. 206. De Haeresi suspectum rogari vult Concilium Constantiense utrum credat quòd illud quod Sacrum Concilium universalem Ecclesiam repraesentans approbat in favorem Fidei & salutem Animarum sit ab universis Christi fidelibus approbandum & tenendum, & quòd condemnat esse Fidei 〈◊〉 bonis moribus contrarium hoc ab iisdem esse tenendum pro condemnato. Sess. 45. Bin. Concil. To. 7. p. 1124. Caetera item omnia ab Oecumenicis Conciliis, ac praecipue à sacrosancta Tridentina Synodo tradita, definita & declarata, indubitanter recipio, atque profiteor; simúlque contraria omnia, atque Haereses quascunque ab Ecclesia damnatas & rejectas & anathematizatas, ego pariter damno, rejicio & anathematizo. Pii quarti forma Juramenti professionis fidei ab Ecclesiasticis R. Ecclesiae suscepti. general Councils concerning the Punishment of Heretics must in themselves be just and equitable, and fit to be observed by him, and that the practice of the whole Roman Church, pursuant to them, for the space of three whole Centuries, must be a cogent Demonstration of the Reception and Approbation of those Laws throughout all Catholic Kingdoms, that he who doth not punish Heretics, according as these Laws require, must be guilty of the Crimes with which these Laws do charge him, and well deserves the Punishments they have decreed against him; and that whosoever doth exterminate and punish Heretics, as they encourage him to do, shall certainly obtain the Blessings which they promise to him for that Act. How can a Popish Prince abstain from thus reflecting with himself? Either the R. Councils provincial and general, and the great Monarch of the Church do well in animating and exciting all R. Catholics to fight against all Heretics, expel them out of their Dominions, and execute these Laws upon them; and in proposing the Rewards forementioned, as Blessing certainly to be obtained by all who do engage under the Banner of the Cross for their Destruction. And all the Roman Catholics did well, who, in Obedience to their Commands, and Expectation of these Blessings, hazarded, and lost their Lives, by their Endeavours to extirpate Heretics, or who did murder and massacre so many millions of Heretics. And consequently, I also shall do well, and may expect these Blessings, by acting as they did; or else these Popes and Councils, and all those R. Catholics who fought, or acted, or did encourage others to act thus against all Heretics, were truly guilty of all the Christian Blood which in those Wars, between the Heretic and Catholic, was spilt, and all the barbarous Massacres and horrid Murders which have been committed upon Heretics. And if so, Why do I own that Church, that Pope, those Councils, who have been guilty of these horrid Crimes, and these notorious Marks of Antichrist; and which hath often sainted, but never in the least discountenanced, but kept communion and good correspendence with the Authors of them. 2. This further will appear, if we consider that the same Principles which do oblige a Popish Prince to own that Faith, oblige him also to execute these sanguinary Laws upon the Heretic, whatsoever Promises or Obligations he hath made unto the contrary. That he is subject to a Power which can absolve him from all Obligations of this nature which he at any time shall make, and which already he hath declared that it is not in his power to make them, or to observe them when they have been made. That they are prejudicial to that superior Tribunal of the Church to which he must be subject, and made concerning Heresy, of which, as being a Spiritual Concern, he must not judge, nor of the Punishments belonging to it, or of the Lawfulness of the Suspension of those Punishments. All this 'tis easy to demonstrate. And, 1. According to plain Reason, When two Princes, that have distinct Tribunals, make Laws or Constitutions thwarting one the other, the Constitutions of the inferior Tribunal must give place to those of the superior: but by the Principles of the Communion of the Roman Church, the Ecclesiastical Tribunal is superior to that of Princes; since than it is decreed by that Tribunal, as we have seen already, that all Catholic Princes shall faithfully endeavour to extirpate Heretics from their Dominions, and that all Constitutions made to the contrary are ipso facto void; no Constitutions made by Princes in favour of Heretical Subjects can be observed by them, or be of any moment in prejudice to the Determinations of the superior Tribunal of the Church. Now that, according to the Principles of R. Catholics, the Ecclesiastical Tribunal is superior to that of Princes, is evident, 1. From express Declarations of the Church in her most general and approved Councils. (m) Cujus quidem nulli Reges, nulli Principes possunt vel Decreta contemnere, vel Jussa negligere, vel Authoritatem detrectare. Apud Bin. To. 9 pag. 11. Aegidius Viterbiensis saith, with the great applause and approbation of the Fifth Lateran Council under Julius the Second, that no Kings, or Princes can neglect the Commands, or refuse the Authority of their general Councils. The Council of (n) Ipsa Synodus in Spiritu Sancto legitimè congregata— potestatem à Christo immediatè habet, cui quilibet, cujuscunque statûs vel dignitatis, etiamsi Papalis existat, obedire tenetur in his quae pertinent ad fidem & extirpationem dicti Schismatis, & reformationem generalem Ecclesiae Dei in capite & membris. Concil. Const. Sess. 4, 5. Basil. Sess. 2. Constance declares, that, being a general Council, it hath Power immediately derived from Christ, which every person of what State or Dignity soever he be, even his Holiness himself, is bound to yield obedience to, in matters which concern Faith, the Extirpation of the present Schism, and the Reformation of the Church. The general Council of (o) Haec Sancta Synodus in virtute Omnipotentis Dei, à quo super omnes Christi fideles immediate potestatem vendicat, etc. Concil. Basil. Sess. 12. Bin. To. 8. p. 39 F. Veritas de potestate Concilii generalis universalem Ecclesiam repraesentantis super Papam, & quemlibet alium, est veritas fidei catholicae— viritatibus duabus praedictis pertinaciter repugnans, est censendus Haereticus. Ibid. Sess. 33. p. 95. F. A. Hic Articulus de quo disceptamus fidem concernit, qui sine interritu salutis negligi non potest. Ibid. Epist. Synod. p. 139. Basil, in the second Session, renews the same Decree: and, Session the 12th, doth challenge, by virtue of the Omnipotent God, immediate Power over all faithful Christians: and, Session the 33d they declare this to be a Doctrine of the Catholic Faith, which he that pertinaciously resists is a Heretic: and Session the 45th they add, that it is an Article which cannot be neglected, without the loss of Salvation. 2. This will appear from express Acts of Jurisdiction exercised by them over Kings and Princes, for to omit the frequent Excommunications, and Sentences of Deprivations passed upon Emperors and Kings in the Fourth general Council of Lateran, Can. 3. in the general Council of Lions, Concil. To. XI. p. 645. in the Council of Pisa, Sess. 14. in the general Council of Constance, Sess. 12, 17, 37. of Basil, Sess. 27, 34, 40, 41. all which expressly have decreed, that Emperors and Kings, for Misdemeanours mentioned there, shall lose their Dignity and Honour, and be deprived of their Government; I say, to pass by this, they frequently demonstrate their supposed Power over them by laying their Commands upon them; We enjoin Princes, saith the Fourth (p) Per censuram Ecclesiasticam compellantur seculares Potestates. Concil. Lat. quartum, cap. 3. Principibus injungimus, cap. 67. Praecipimus Praesumptores hujusmodi, per Principes seculares compesci, cap. 68 Per secularem compelli praecipimus potestatem, cap. ult. Principibus injungimus, Concil. Viennense apud Bin. To. 7. p. 870. Per secularem compelli praecipimus potestatem. Concil. Lugdun. Bin. To. 7. p. 858. Eyes (Principibus & Regibus) in virtute sanctae obedientiae, authoritate à Deo universali Ecclesiae concessâ, districtè praecipiendo mand●mus, Concil. Basil. Bin. To. 8. p. 207. Sacro approbante Concilio— Nos laicos— cujuscunque dignitatis, etiamsi Regalis extiterint,— peremptoriè— requirimus, Concil. Lat. quintum, apud Bin. To. 9 p. 48, 49. Cogantur omnes Principes, Concil. Trid. Sess. 25. De Retorm. cap. 20. Lateran Council, cap. 67. and the Council of Vienna. We command secular Princes, saith the Fourth Lateran Council, cap. 68 We peremptorily enjoin them, saith Julius the Second, with the Approbation of the Fifth Lateran Council. We command that they be compelled by the secular Power, saith the Fourth Lateran Council, cap. ult. and the general Council of Lions, cap. Super Cruciata. 3. Their Canon Law is full of Constitutions to this effect, declaring, that, Lemma. In Ecclesiasticis causis Regis voluntas Sacerdotibus est postponenda. Certum est hoc rebus vestris esse salutare, ut cum de cansis Dei agitur, juxta ipsius constitutionem, Regiam voluntatem Sacerdotibus Christi studeatis subdere, non praeferre. Ecclesiasticam formam sequi, non huic humanitus sequenda ●ura praefigere, neque ejus Sanctionibus velle dominari, cujus clementiae voluit Deus tuae piae devotionis colla submittere. Decret. part. 1. dist. 10. cap. 3. When the things of God are treated of, the King must study to subject his Will to the Will of the Priests, and not prefer it before theirs; that the Law of Christ subjects Kings to the Priesthood of Christ, and puts them under their Tribunals; that Christian Emperors ought to subject their Executions to the Prelates of the Church, and not prefer them to theirs, because God would have them to be subject to the Priests of the Church. By the same Law it is determined that Kings must follow the Church Form, and not prescribe humane Laws to her, nor seek to domineer over her Constitutions, but submit their Necks to her Clemency. And, that they ought to yield obedience to the Laws of the Church, and not exalt their Power above her. Lemma. Imperatores debent Pontificibus subesse, non praeesse. Ad Sacerdotes Deus voluit quae Ecclesiae disponenda sunt pertinere, non ad seculi potestates, quas si fideles sunt, Ecclesiae suae Sacerdotibus voluit esse subjectas.— Imperatores Christiani subdere debent Executiones suas Ecclesiasticis Praesulibus, non praeferre; obsequi solere Principes Christianos Decretis Ecclesiae, non suam praeponere potestatem, Episcopis caput subdere Principem solitum, non de eorum capitibus judicare. Decret. part. 1. dist. 96. cap. 11, 12. 2. According to the Principles of that Communion, all Princes must submit to, and obey the Definitions of their general Councils, and the Determinations of the Church in Cases Spiritual, because she is their only Guide in Spirituals: this being therefore a Spiritual Case, viz. how far the Civil Magistrate doth stand obliged to punish Heretics, the Romish Prince must stand to her Determination in that matter, and therefore is obliged to act according to the Decrees forementioned which firmly are established by the Church, whatsoever Promises or Oaths he may have made unto the contrary. Now that the Cause of Heresy, and of the Punishments to be inflicted on the Heretic, is by them judged a Spiritual Cause, with which the Civil Power must not intermeddle, is evident from that Decree of Boniface the Fifth, which strictly doth forbid Sexti Decretal. l. 5. tit. 2. Cap. Inquisitionis negotium. all Powers, Lords temporal, and Rectors, with their Officers, to judge or take cognizance of that Crime, it being merely ecclesiastical, or to free them out of Prison without the Licence of the Bishops, or Inquisitors, or to refuse to execute the Punishments enjoined by them, or any way directly or indirectly to hinder their Process or Sentence, under the pain of Excommunication, which if they obstinately lie under for a year, they are to be condemned as Heretics; and this Decree is taken into the Body of the Canon Law, and is confirmed by the general Council of Constance, Sess. 45. The Crime of Heresy must be judged only by the Ecclesiastical Court, and the Secular must not meddle with it, saith Gregory the Fourteenth, Bullar. Rom. To. 2. p. 708. Const. 7. §. 6. 3. No Promises, Oaths or Engagements can oblige to the omission of that which is our Duty, by the Confession of all Christians, they cannot bind, saith their own Canon Law, Non juramenta, sed perjuria potius dicenda sunt, quae contra utilitatem Ecclesiasticam attentantur. Decretal. l. 2. tit. 24. cap. 27. quia non. Juramentum praedictum vos excusare non potest, in quae debet intelligi jus Superioris exceptum. Ibid. cap. 19 Debet ità intelligi, ut non obviet juri, alias tanquam temerarium non obligat. Cap. 21. ad nostrum. to any thing which is against the benefit of Holy Church; for according to the Determination of Innocent the Third, received into the Body of that Law, they are not to be call Oaths, but Perjuries, which are attempted against the Benefit of the Church. They cannot bind against the Right of a Superior, for the same Law declares that in any Oath that is taken, the Right of the Superior must be supposed to be excepted; they cannot bind against the Law, or the Canonical Sanctions, for otherwise, saith the same Law, it is a rash Oath, and is not valid. Since then, according to the Doctrine of the Church, 'tis the Duty of all Catholic Princes to punish and extirpate Heretics; they cannot be obliged by any Oath or Promise to neglect that Duty, since this Neglect is against Law and the Canonical Sanctions, against the plain Determinations of the Supreme Tribunal, and against the benefit of H. Church, no Oath or Promise can oblige them to it. And, 4. They who do claim a Power to absolve Catholic Princess from their Contracts, Leagues and Engagements made to Heretical Princes, must have an equal Power to absolve them from Contracts made with their own Heretical Subjects, for sure the Contracts made with Equals must be more firm than those which we have made to our Inferiors; but the Pope claims, and oft hath exercised this Power of absolving Catholic Princes from their Contracts made with other Princes on this account, because they were made with Heretics, or Persons excommunicate. Ergo, etc. To give some few Examples of this matter, the Bull of Vrban the Sixth concerning this matter runs thus; (a) Inter solicitudines varias quibus assiduè premimur, illa potissimum excitat mentem nostram, ut circa salutem animarum Christi fidelium solicitis studiis intendamus, & 〈◊〉 fideles ipsi ex consortio & participatione Schismaticorum seu Haeretitorum labefactari valeant, adhibeamus remedia opportuna. Ad nostrum nuper pervenit auditum, quòd tam Wencelaus, Roman. & Bohem. Rex, quam Carolus R. Imperator, simul, vel successiuè, nonnullas confoederationes, vel colligationes, seu ligas, aut conventiones cum diversis Regibus, Principibus, etc. fecerunt, & quòd alique ex hujusmodi Regibus, Principibus, etc. tunc erant, seu postea sunt effecti Schismatici seu Haeretici manifesti, & ab unitate sanctae R. & universalis Ecclesiae separati: nos igitur attendentes quòd hujusmodi confoederationes, colligationes & ligae, seu conventiones factae cum hujusmodi Haereticis aut Schismaticis, postquam tales effecti erant, sunt temerariae, illicitae, & ipso jure nullae, & si fortè ante ipsorum lapsum in schisma seu haeresin factae fuissent, etiamsi forent juramento seu fide datâ firmatae, aut confirmatione Apostolicâ, vel quácunque firmitate aliâ roboratae, postquam tales, ut praemittitur, sunt effecti, eo ipso tam idem Rex, quam alii, qui forsan und cum eo hujusmodi confoederationes & cum talibus inierunt, & ad quos tales confoederationes quomodolibet extendi possunt, ab earum observatione absoluti existunt— eundem Regem & omnes alios quorum interest, vel interesse poterit, authoritate Apostolicá, tenore praesentium declaramus fuisse & esse ab earundem confoederationum, colligatiomon, ligarum, seu conventionum observatione penitus absolutos, & ad eorum observationem aliquatenus non teneri, illásque quatenus de facto processerunt, cassamus, revocamus, ac nullius esse decernimus firmitatis; & tam eidem Regi quam etiam omnibus hujusmodi aliis quorum interest, seu interesse potest, tenore praesentium districtius inhibemus, nè confoederationes, colligationes, ligas aut conventiones hujusmodi aliquatenus observent, seu ab aliis servari quomodolibet permittant. Bulla Urbani Sexti, in Biblioth. D. R. Cotton. Vide Crakanthorp. Defence. Eccles. Angl. cap. 83. p. 626, 627. Amongst the many Cares which we continually are pressed with, our chief concernment is, to provide fit Remedies for the preventing the Subversion of the Faithful by consorting, or by participating with Schismatics or Heretics: and truly we have lately heard, saith he, that Wencelaus, King of the Romans and Bohemians, and Charles the Emperor have entered into some Confederations, Leagues, Compacts or Conventions with divers Kings, Princes, Dukes, Earls, Grandees and Nobles; some of which Kings, etc. then were, or afterwards have become manifest Heretics and Schismatics, being separated from the Union of the Roman Church, though not by us declared such, we therefore, considering that such Confederacies, Leagues, Compacts or Conventions made with these Heretics and Schismatics, after they were such, are rash, void and null by Sentence of the Law; but if they were made before their falling into Schism and Heresy, and confirmed by an Oath, or by the Apostolic See, or by whatsoever firmness, as soon as they become guilty of these Crimes, the King, and all that with him have entered into these Compacts, is absolved from the observation of them, and ought not to observe them: therefore we, by our Apostolical Authority, declare the said King absolved from them, and the Compacts themselves to be wholly void and null.;; Pope Martin the Fifth, in his Epistle to Alexander, Duke of Lithuania, who had received the Bohemians into his protection, writes thus; (b) Quòd si tu aliquo modo inductus, defensionem eorum suscipere promisisti, scito, te dare fidem Haereticis, Violatoribus sanctae fidei, non potuisse, & peccare te mortaliter si servabis. Cochlaeus Hist. Hussit. l. 5. ad An. 1423. Spondan. ad An. 1422. §. 1. p. 779. If thou hast been any ways induced to promise to defend them, know, that thou couldst not pawn thy Faith to Heretics, the Violators of the H. Faith; and that thou mortally offendest, if thou dost observe it. When (c) Foedus cum Amarathe in decem annos ab Uladistao initum, idémque sanctissimis jura▪ mentorum vinculis utrinque firmatum erat. Aenaeas Sylu. ep. 81. Bonfin. l. 3. dec. 6. Spondan. ad An. 1444. §. 3. p. 904. Vladislaus, King of Hungary, had made Peace with Amarath the Turk for Ten years, and had confirmed it with an Oath; The Pope (d) Aen. Silvius ait Eugenium R. Pontificem— est re auditâ, scripsisse Juliano, nullum valere faedus quod se inconsulto ●um hostibus Religionis percussum est, Uladislao Regi, uti conventa dissolveret, imperasse, juramenta remisisse, novum instaurari bellum tum precibus, tum minis extorsisse. Sp●nd. ad An. 1444. §. 10. p. 907. Julianus Cardinalis ait fas esse quandoque publicae salutis gratia, neque stare pactis quae illi contraria, neque perfidis fidem servare— ac nè quâ Rex, procerésque tenerentur jusjurandi Turcis praestiti Religione, eâ se illos auctoritate Pontificis, cujus legatione fungebantur, liberare. Spondan. ibid. p. 905. Eugenius the Fourth writes to Julian the Cardinal, to persuade him to violate that Peace, alleging and declaring, that no League made with the Enemies of the Christian Faith; without consulting with the Pope, is valid: Hereupon the poor King is prevailed with to become a most perfidious Wretch, and fall upon the Turk unawares, which he observing, and, being straitened in his Arms, pulls out the Articles of the Covenant, and, looking up to Heaven, cries out, (e) Haec sunt, Jesus Christ, foedera quae Christiani tui mecum percussere, per nomen tuum sanctè jurantes, nunc, si Deus es, tuas, measque hîc injurias, te quaeso, ulciscere. Bonsin. Ibid. O crucified Jesus, see the perfidiousness of this Nation, which, against their Oath, have violated all Right and Faith; and if thou art a God, do thou revenge this Perjury upon them, which was no sooner said but the Christians were put to flight, the perjured King, and the Cardinal who persuaded him to violate his Oath, were both slain; God teaching us by this Example, saith * Juramenta non solùm domesticis fidei, sed & hostibus servanda. Ibid. Aenaeas Silvius, that Oaths are to be kept, when made, not only with the Faithful, but with Enemies. Pope Innocent the Third, in his Epistle to Peter, King of A. D. 1213. Arragon, writes thus: (f) Serenitati tuae, in virtute Spiritûs Sancti, sub obtentu Divinae ac Apostolicae Gratiae providimus injungendum, ut praenominatos deseras Tolosanos', non obstante promissione, vel obligatione quacunque praestitâ, in elusionem Ecclesiasticae Disciplinae; ipsis quamdiu tales extiterint non impensurus consilium, auxilium vel favorem. Concil. To. XI. p. 94. We enjoin thy Serenity, by virtue of the Holy Spirit, that thou desert the forenamed People of Tolose, and that thou dost not afford them any Counsel, Aid or Favor, whilst they continue as they are, notwithstanding any Promise or Obligation whatsoever made unto them, in elusion of the Ecclesiastical Discipline. Paul the Third, in his Bull against Henry the Eighth, edit. A. D. 1538. (g) Omnes & singulos Christianos Principes, quacunque etiam Imperiali & Regali Dignitate fulgentes, hortamur &, in Domino, requirimus,— nè Henrico Regi per se, vel alium seu alios, publicè vel occultè, directè vel indirectè, tacitè vel expressè, etiam sul praetextu confoederationum aut obligationum quar● neunque, etiam juramento, aut quavis aliâ firmitate roboratarum & saepius geminatarum, consilium, auxilium vel favorem quomodolibet praestent. Bull. §. 15. ubi supra. A quibus quidem obligationibus & juramentis omnibus, nos eos & eorum singulos— per praesentes absolvimus, ipsásque confoederationes & obligationes tam factas quam in posterum faciendas,— nullius roboris vel momenti, nullásque, irritas, cassas, inanes, ac pro infectis habendas fore decernimus & declaramus. Ibid. exhorts and requireth, in the Lord, all Christian Princes shining in Imperial or Regal Dignity, that they do not under pretence of any Confederations or Obligations whatsoever, although corroborated by frequently repeated Oaths, or any other firmness, I say, he doth exhort them not to yield to King Henry, his Accomplices, Favourers, Adherers, Consultors or Followers, or any of them, by themselves or others, openly or secretly, directly or indirectly, tacitly or expressly, any Counsel, Aid or Favor: And that they might not think themselves obliged so to do, he absolves them all from all Oaths or Obligations made or to be made unto him or them, and declares them to be void and null and of no strength and moment. And lastly, Pius the Fifth absolves not only all the Subjects of Queen Elizabeth, but also all others who had in any sort sworn to her. Caeteros omnes qui illi quomodocunque juraverunt. Vide supra §. 17. 5. They who do claim a Power to absolve Subjects from these Promises and Oaths by which they were obliged to yield Obedience to their Heretical Princes, must have an equal Power to absolve Catholic Princess from their Promises and Oaths made to Heretical Subjects, for sure the Obligation of Princes to their Subjects cannot be greater than is that of Subjects to their Prince: Now it is known, that R. Popes and Councils claim the Power of absolving Subjects from that Obedience which they have sworn to yield to their Heretical Superiors: Ergo, by the same Principles they must have Power to absolve Catholic Princess from those Promises and Oaths which they have made to their Heretical Subjects. To give some Instances of this kind, (h) Absolutos se noverint à debito fidelitaris, & totius obsequii, quicunque lapsis manifestò in haeresin, aliquo pacto, quacunque firmitate vallato, tenebantur obstricti. Decretal. l. 5. tit. 7. cap. 16. Let them know, saith Gregory the Ninth, who were bound by any Bond, how firm soever, to persons manifestly fallen into Heresy, that they are absolved from that Fidelity, Obedience and Homage which they were obliged to pay them: and this Decree is put into the Body of the Canon Law, and hath, saith (i) Tota Ecclesia plusquam quatuor saeculis hoc Decretum recepit, laudavit, & in praxi servavit. Discuss. Decret. Concil. Lat. p. 98. Singleton, been still commended and observed in the Church practice about 400 years. The Truth and Modesty of which Assertion as to the Limitation of it to 400 years, will be abundantly made good by these following Instances. In the Eighth Century, Sigonius and others do inform us, that (a) Ità Roma, Romanúsque Ducatus à Graecis ad Romanum Pontificem, propter nefandam corum haeresin impietatémque pervenit. Sigon. de Regno Italiae, lib. 3. Et rursus. Extabant praeclara Gregorii 2. & 3. exempla, qui Leoni Isauro Imperatori Sacris interdicere, & juratâ Italiae obedientiâ spoliare non dubitarant, uno eo crimine, quòd Imaginibus se inimicum praebuisset, l. 9 p. 219. Rome, and the Roman Duchy were lost by the Grevians, by reason of their wicked Heresy, and got by the Pope of Rome. That wicked Heresy of Leo Isaurus, which lost him the Empire of the West, was this, that he forbade the Adoration of Images, and pulled them down everywhere, for this (b) Romans ipse persuadebat, si perstiterit Leo, ab eo tanquam Haeretico deficiant, ac tandem Italos jurejurandi religione absolvebat. Blond. Decad. 10. lib. 1. Ità dignum posteris reliquit exemplum nè in Ecclesia Christi regnare sinerentur Haeretici principes, si, saepe moniti, in errore persistere, obstinato animo, invenirentur. Baron. An. 730. §. 40. Gregory the Second persuades the Italians to revolt from him, as being a Heretic, absolves them from their Oaths of Obedience to him, and strictly doth forbid them to pay him any Tribute or Obedience; whereupon they, rejecting the Emperor, do bind themselves by Oath to be obedient to the Pope. This is the Title by which the Pope holds Rome at present, even plain Rebellion and tyrannical Invasion of his Sovereign's Estate and Dominions. Now by this Action, saith Baronius, he left to posterity a worthy Example, that Heretical Princes should not be suffered to reign in the Church of Christ, if, being warned, they were found pertinacious in Error. The next Successor of Gregory the Second, was (c) Hic statim ubi Pontificatum iniit, Cleri Romani consensu N. B. Leonem Tertium, Imperatorem Constantinopolitanum Imperio simul, & Communione Fidelium private, quod sanctas Imagines è sacris aedibus abrasisset, & Statuas demolitus esset, quódque etiam de homousio malè sentiret. Platina. p. 99 Italia ab Imperatore Constantinopolitano, Leone haeretico Ichonomacho, Auctore Gregorio Tertio, Papa defecit. Onuphrius ad An. 731. Gregory the Third, who as soon as he had obtained the Papal Dignity, by the consent of the Roman Clergy, deprived Leo the Third, Emperor of Constantinople both of his Empire and the Communion of the Faithful, because he had swept away the H. Images out of the Church. In the Eleventh Century, Gregory the Seventh writes thus, (d) Aut Rex ipse, repudiato turpi Symoninidcae haeresis mercimonio, idoneas ad sacrum Regimen personas promoveri permittet, aut Franci pro certo, nisi fidem Christianam abjicere maluerint, generalis Anathematis mucrone percussi, illi ulterius obtemperare recusabunt. Greg. 7. Epist. l. 1. Ep. 35. Concil. To. 10. p. 34. either King Philip of France, rejecting the filthy Merchandise of Symoniacal Heresy, will permit fit persons to be chosen into the Government of the Church, or the French will refuse to obey him any longer, unless they had rather cast away the Christian Faith, being smitten with the Sword of a general Anathema. Where you see plainly, that the Pope supposes Heresy to be a Crime sufficient not only to justify Subjects in their refusal of Obedience to their lawful Prince, but also to justify him in excluding them from the Communion of Christians who obey him. In the Twelfth Century, to give the better Colour to the Deposition of Henry the Fourth and Henry the Fifth, it was first voted in a Council held at the Lateran, 1102. that it was Heresy to assert the Right of Bin. To. 7. p. 533. Laymen to invest into Ecclesiastical Preferments. And this Decree was renewed in a Council held at (e) Dictante Spiritu S. investiturum omnem rei Ecclesiasticae de manu laica, haeresin esse judicamus. Concil. Vien. Bin. To. 7. p. 549. Vienna, Anno Domini, 1112. and by another held at the Lateran, A. D. 1116. and, in pursuance of these Decrees, were Pag. 554. these two Emperors deposed. But notwithstanding all the Thundrings of Paschal the Second against Henry the Fourth, the Church of Leod stood firm to him, which so incensed the good Pope, that he writes to Robert, Count of Flanders, to expel those Schismatics out of the Church: his words are these; (f) Name in hac non tantùm parte, sed ubique, cum poteris, Henricum Haereticorum Caput, & ejus Fautores pro viribus persequaris, nullum profecto gratius Deo Sacrificium offerre poteris, quam si eum impugnes qui se contra Deum erexit, qui Ecclesiae Dei Regnum auferre conatur,— qui à Principibus Dei, sanctis Apostolis, eorúmque Vicariis de Ecclesiae domo Sancti Spiritûs judicio expulsus est. Hoc tibi, & militibus tuis in peccatorum remissionem & Apostolicae sedis familiaritatem praecipimus, ut his laboribus ac triumphis ad coelestem Jerusalem, Domino praestante, pervenias. Paschal. 2. Ep. 7. Bin. To. 7. p. 517. It is just that they who have separated themselves from the Church Catholic, should be separated from the Church's Benefices; wheresoever therefore thou art able, do thou persecute Henry the Head of the Heretics, N. B. and all his Favourers, with all thy might, for truly thou canst offer no more acceptable Sacrifice to God, than by impugning him who hath lifted up himself against God; who by the Judgement of the Holy Spirit (O horrid Blasphemy) is cast out of the House of God by the Princes of the Apostles and their Vicars; this we command thee to do for the obtaining the Remission of thy Sins, and the Familiarity of the Apostolic See; which, as it seems, cannot be more effectually obtained by any thing than by Rebellion against God's Vicegerent, and persecuting him with all our might. In the Thirteenth Century, in the year of our Lord 1245. Pope Innocent the Fourth assembles a general Council at Lions, where he declares the Emperor Frederick the Second guilty of Heresy, (g) De Haeresi quoque non dubiis & levibus, sed evidentibus argumentis suspectus habetur, plura siquidem eum commisisse perjuria satis patet.— privilegium insuper quod B. Petro, & Successoribus ejus in ipso tradidit Dominus, viz. quodcunque ligaveris, in quo utique authoritas & potestas Ecclesiae R. consistit, pro viribus diminuere, vel ipsi Ecclesiae auferre sategit.— merito p. 642. insuper contra eum de haeretica pravitate suspicio est exorta, cum— claves Ecclesiae contempserit,— & constanter asseruit se G. Papae sententias excommunicationis non vereri,— cum Religiosas & alias Ecclesiasticas jugi attriverit afflictione & persecutione personas,— nun igitur p. 644. haec non levia, sed efficacia sunt argumenta de suspicione haeresis contra eum, cum Haereticorum vocabulo illos Jus civile contineri asserat, & latis adversus eos sententiis debere succumbere, qui vel levi argumento à judicio Catholicae Religionis & tramite detecti sunt deviare— Nos itaque, super praemissis, cum fratribus nostris, & Sacro Concilio deliberatione praehabita diligenti,— memoratum Principem— omni honore & dignitate à Domino privatum denunci●mus, ac nihilominus sententiando privamus, omnes qui ei juramento fidelitatis tenentur adstricti à juramento hujusmodi perpetuo absolventes, authoritate Apostolicâ firmiter inhibendo nè quisquam de caetero sibi, tanquam Imperatori vel Regi pareat, & decernendo quoslibet qui ei deinceps velut Imperatori Consilium vel Auxilium praestiterint, seu favorem, ipso facto excommunicationis vinculo subjacere. Innocent. 4. in Concil. Lugd. Concil. To. XI. p. 645. because he violated his Oaths, and because he diminished the Privilege granted to the Successors of Saint Peter, in these words, Whatsoever thou shalt bind on earth, etc. and contemned the Keys of the Church, which, saith he, must be Heresy, seeing the Civil Law declares him a Heretic, and worthy to be punished as such, who in a light matter doth deviate from the Judgement of the Catholic Religion. Then follows his Deposition of the Emperor in these words. We therefore, after mature deliberation had with our Cardinals and with the Sacred Council, upon the Premises, declare the formentioned Emperor— deprived by God of all Honour and Dignity, and, by our Sentence, we deprive him of them, perpetually absolving all his Subjects from their Oaths of Fidelity to him, and by our Apostolical Authority forbidding them to acknowledge or obey him hereafter as Emperor or King; and decreeing, that all who under that Relation yield him Counsel, Aid or Favor, shall be ipso facto excommunicate.; A. D. 1254. Innocent the Fourth pronounceth an Spond. To. 1. p. 188. Anathema, on Maunday Thursday, against Ecelinus, Governor of Marchia Tarvisina, as being a manifest Heretic, and frequently excommunicated upon that account. And A. D. 1256. he gathers an Army of p. 197. Crusadoes against him. In the Fourteenth Century, A. D. 1322. John the Twenty second excommunicates Matthew, Viscount of Milan, his Sons and Abettors, as being Heretics and Schismatics, passeth upon them the Sentence of Deprivation of all their Goods, Deposition from all Office and Dignity Ecclesiastical and Secular, of Spond. To. 1. p. 405. §. 5. inability to any other, and exposes their Persons to be seized upon, and treats with Frederick of Austria, King of the Romans, about sending an Army into Lombardy, to suppress them. A. D. 1323. John the Twenty second commands p. 409. S. 2. Lewis of Bavaria to cease from all Administration of the Empire, and never to assume it again, without the Approbation of the Apostolic See; and this was done, as for other reasons, so in particular for this, that Lewis had showed Favor and Patronage to Viscount Galeatius, and his Brethren, who had been lawfully condemned for Heresy, and to some others who had rebelled against the Church. An. Do. 1324. this Pope pronounces the Emperor contumacious and deprived of all Right to the Empire, reserving to p. 412. §. 3. himself the inflicting of other Penalties upon him, if ever he endeavour to meddle with the Administration of the Empire, or should presume to favour the forementioned Heretics and Rebels, forbidding all the Subjects of the Empire, under most grievous Penalties, in any manner to obey him, to call him Emperor, or yield him any Aid or Favor. An. Dom. 1335. Benedict the Twelfth renews this Sentence of p. 453. §. 1. Pope John. And the next year the Emperor makes a p. 456. §. 23. large Promise of doing almost any thing the Pope would ask, and giving Power to his own Subjects to rise up against him, if he did not perform it; and yet this was not thought sufficient to expiate the Gild of Favouring Heretics and Rebels to the Church of Rome, and doing that which was at Rome esteemed p. 457. ibid. Heresy. He therefore proceeds to confess that he had done ill in Favouring the Viscount of Milan and others condemned by the Church as Heretics and Schismatics: That in his Appeal, made against John the 22d, he had said many heretical things; that he would make a full Confession of these things, and would supplicate for Absolution; and take an Oath stare mandatis Ecclesiae, to obey the Commands of the Church, and to extirpate Heretics; and yet all this would not prevail for the obtaining of his Pardon. A. D. 1343. Clement the Sixth renews the same Sentence p. 474. §. 2. against the Emperor; and the Conditions which he required, in order to his Absolution, were, that An. Dom. 1344. p. 478 §. 1. he should confess his Heresies and Errors, of which he was accused, and that he should resign the Empire, not reassuming it, but by the Favour of the Pope; that he should deliver up his Sons, Goods, and his whole concerns, into the hands and will of the Pope, all which the Emperor promised to do; and yet this would not satisfy. A. D. 1345, and 46. the Emperor p. 481. p. 493. is again deposed, and his Subjects are absolved from their Oaths of Allegiance to him. So dreadful was it even for Emperors to be esteemed Heretics, or Favourers of Heretics, or Friends to them who have been Rebels to the Church of Rome. A. D. 1363. Vrban the Fifth pronounceth Barnabas, p. 557. §. 1. Duke of Milan, a Heretic and Schismatic, anathematised by the Church, and for that cause deprives him and his Posterity of all Honour, Dignity, Privileges and Jurisdiction, absolves his Subjects from their Oaths of Fealty to him, and also frees his Wife from the Bond of Matrimony; and he subjecteth all that did aid or favour him to the same Punishments; and granteth plenary Indulgence to all Crusadoes that would fight against him. In the Fifteenth Century, An. Dom. 1453. (h) Consideratione praemissorum, diligenti cum fratribus nostris deliberatione praehabitâ, ad ipsorum Amidei Fautorum proterviam extirpandam— Carolum Francorum Regem auctoritate Apostolicâ, praesentium tenore vocamus, cique Ducatum Sabaudiae, omnémque ipsius Amidei, notorii Schismatici, Haeretici excommunicati & anathematizati terram, ac ejus fautorum, adhaerentium, complicum & sequacium bona, diversimode bactenus confiscata, donamus.— Et ut tam salubre negotium in Manu forti & robusta procedat,— nos omnibus, qui cum Rege praefato, contra Amideum & sequaces eosdem, in propriis personis, propriisque expensis processerint plenam suorum peccatorum veniam indulgemus, & in retributione justorum, vitae aeternae policemur augmentum. Ep. 2. Concil. To. 13. p. 1322, 1323. Nicholas the Fifth, in his Epistle to all the Faithful, by his Apostolical Authority, excites Charles the 8th, King of France, to extirpate the perverseness of Amideus, Duke of Savoy, the Antipope, with all his Favourers and Adherers, as being guilty of Schism and Heresy, and being therefore excommunicated and anathematised, and he moreover gives him all the Dominions and Goods belonging both to the Duke and all his Favourers, promising full pardon of all Sins, and an augmentation of the Rewards of eternal Life, to them who would go in person with the King of France to fight against them; and this he did after mature deliberation had with his good Brethren the Cardinals. A. D. 1462. Sigismundus Maletusta, for the Crime Spond. To. 2. p. 88 §. 8. of Heresy, is by Pope Pius the Second deprived of his Dominions and all his Goods. In the same year, George, King of Bohemia, sends to Pope Pius the p. 87. §. 5, 6, 7. Second, desiring him to confirm the Indulgence granted to the Bohemians by the general Council of Basil, and confirmed by Eugenius the Fourth, concerning the Receiving the Communion in both kinds. The Pope answers by minding him of his Coronation Oath, in which he had promised Obedience to the See of Rome, and commands him therefore to comply with that Church. The King replies, that indeed he had sworn, haereticam pravitatem è Regno abjicere, to expel Heresy out of his Kingdom, but that he never esteemed the Receiving the Sacrament in both kinds to be Heresy, and that he would live and die in the practice of it. Then the King inquires of the Hussites, whether, if War should be waged against him upon this account, they would stand by him? who answer, like good Subjects, that they would do it with their Lives and Fortunes. But putting the same Question to the Catholics, they answer fraudulently, that when the Honour of God and Justice was not violated, they would not be wanting to assist the King and Kingdom. For this the Pope prepares to execute his Censures on the King, nulls the Contract of Agreement made betwixt him and his rebellious Subjects of Breslaw, in which they promised submission to him, he absolves them from their Promise, commands the King, and all other persons, under the Penalty of Excommunication, not to hurt them, or to compel them to obey him, and exhorts all Princes to be assistant to these Rebels and Truce-breakers, against all Invaders. A. D. 1466. Hynco, one of the King's Nobles, being besieged by the King in a Town called Zaraste, escapes privily in the night, and flies to Paul the Second, who presently, in favour of this Criminal, pronounces an Anathema against all who did not presently quit the Siege, and the Town notwithstanding being taken, he sends Rudolph, his Legate, to try the Princes of Germany, whether they would not hinder the Pope's proceedings against King George; their Answer is, that the Pope knew what was his Duty, and they would do what became Catholics; but that they could not break their League with him till the Church had declared him a Heretic. In the mean time all the Catholic Nobility of Bohemia rebel against him, and desire the Pope to absolve them from their Oath of Obedience to him, which, when they had joined with the Inhabitants of Breslaw and other Rebels, is granted to them, the King himself is cited to Rome, Rudolph is commanded to procure Aid against him, and to gather an Army of Crusadoes for that purpose, which presently he doth, and forceth the King from a Town that he besieged. And, because the King appeared not at Rome, and desisted not from persecuting the Catholics, by the Advice of the Cardinals and all the p. 108. §. 2, 3. Doctors of Divinity and of the Canon Law, he is pronounced a perjured, sacrilegious Heretic, than the Pope deprives him, as being a Heretic, of all Honour and Dignity, absolves his Subjects from their Obedience to him, and declares him and his Posterity uncapable of any Dignity; and lastly, offers his Kingdom to Casimirus King of Poland. p. 112. §. 6. In the Sixteenth Century, i Quasdam Leges seu generales Constitutiones edere non erubuit, per quas Subditos suos ad quosdam Haereticos & Schismaticos Articulos tenendos, inter quos & hoc erat, Quod R. Pontifex, Caput Ecclesiae & Christi Vicarius non erat, & quòd ipse in Anglica Ecclesia supremum Caput existebat, sub gravibus etiam mortis poenis cogebat, §. 1. habitâ itaque cum venerabilibus Fratribus nostris S. R. E. Cardinalibus deliberatione maturâ, & de illorum consilio & assensu per viscera misericordiae Dei hortamur & requirimus in Domino quatenus Henricus R. à praedictis erroribus prorsus abstineat, & constitutiones seu leges praedictas revocet, casset & annullet, §. 4. hoc praecepit sub majoris excommunicationis latae sententiae poena, §. 6. nec non rebellionis & quoad Henricum R. etiam perditionis Regni & Dominiorum praedictorum, §. 7. ipsiúsque Henrici R. ac Regni, omniúmque aliorum Dominiorum, Civitatum, Terrarum, Castrorum, etc. Magistratus, Judices, Castellanos, Custodes & Officiales quoscunque, necnon Communitates, Universitates, Collegia, Feudatorios, Vassallos, Subditos, Cives, Incolas & Inhabitatores etiam forenses, dicto Regi de facto obedientes, tam seculares quam si qui ratione alicujus temporalitatis ipsum Henricum R. in superiorem recognoscant etiam Ecclesiasticos, N. B. à juramento fidelitutis, jure vassalitico, & omni erga Regem & alios praedictos subjectione absolvimus & penitus liberamus, §. 10. Bull. R. To. 1. p. 516. etc. Paul the Third, An. Do. 1538. with the consent of his Cardinals, declares, that Henry the Eighth of England, under severe Penalties required his Subjects to hold some Schismatical and Heretical Articles, amongst which this was one, That he himself, and not the Pope, was the Supreme Head of the Church of England: These Errors he requires him to desist from, and to abrogate the Laws made against the Pope's Supremacy; declaring that if he did not yield to this Injunction, he should incur the Sentence of the greater Excommunication, under which Sentence if he continued Ninety days, and did not within that time appear at Rome, he, in the space of three days after, should incur the Penalty of Deprivation of his Kingdoms and Dominions passed upon him. Moreover he absolves his Subjects from their Oaths of Fealty of Subjection to him, commanding them, under the Penalty of Excommunication, not to obey him or acknowledge him as their Superior. A. D. 1570. Pius the Fifth declares Vide supra, §. 17. Queen Elizabeth a Heretic, whereupon he deprives her of her pretended N. B. Royal Right, and all Dominion, Dignity and Privilege whatsoever, and declares all her Subjects, and all others who had sworn to her, absolved from their Oaths, and from any Obligation of Allegiance or Obedience to her. An. Dom. 1585. Sixtus the Fifth pronounceth (k) Navarrum & Condaeum tanquam Sectarios & in Errore relapsos, Sectariorum Fautores, ac Defensores publicos ac manifestos, Divinaeque Maiestatis Reos, & Fidei Catholicae Hostes proscribit, & Navarrum quidem omni Jure quod in Navarrae Regno sibi competere contendit, & eâ parte quam nunc occupat excidisse: Condaeum autem & utriusque Successores omni Principatùs, & Dignitatis jure in praesens & in posterum pariter excidisse, indignosque esse ipsos, & eorum Successores qui in ullum Principatum, ac speciatim in Regnum Franciae succedant, hac Sententia pronunciat, Subditosque obsequii Juramento solvit. Thuanus, l. 82. p. 45. Henry of Navarre and the Prince of Conde to be Sectaries relapsed into Error, manifest Favourers and public Defenders of Sectaries, that is, Heretics, Rebels to the Divine Majesty, and Enemies to the Catholic Faith; having done this, he deprives them and their Posterity for ever of their Dominions and Kingdoms, absolving their Subjects from their Allegiance to them, in these words, By the Authority of these Presents we do absolve and set-free all persons as well jointly as severally from any such Oath, and from all Duty whatsoever in regard of Dominion, Fealty and Obedience, and do charge and forbid all and every of them, that they do not dare to obey them, or any of their Admonitions, Laws and Commands. After the Death of Henry the Third, by the barbarous Murder of Friar Clement, the Parisians send to the Sorbon Doctors to know if it were lawful to submit to Henry of Borbon, to whom the Crown of right belonged; their Answer is at large recorded in Thuanus, and briefly is to this effect, Ad haec capita, post Spiritûs Sancti invocationem, N. B. responsum, Jure Divino N. B. prohiberi Catholicos hominem Sectarium, aut Sectarii mali Fautorem, & Ecclesiae manifestum hostem, multoque magis relapsum, & à Sancta Sede nominatim ab Vnione Catholica exclusum, ad Regnum admittere,— & quemadmodum qui Henrico ad Regnum aspiranti favent, aut Suppetias ferunt, Religionis Desertores sunt, & in peccato cum vitae aeternae dispendio degunt; ità qui se illi pro Religionis defensione opponunt, plurimum apud Deum & homines mereri, & ut illos in hostis generis humani Regno stabiliendo pertinaces, aeterna poena manet, sic hos, si ad sanguinis usque effusionem resistant, aeternum in Coelo praemium, &, ut Fidei Propugnatores, immarcessibilem Martyrii Coronam proculdubio consecuturos. Thuanus, lib. 98. p. 70, 71. that Catholics, by the Divine Law, were forbidden to admit to the Kingdom a Sectary, or a Favourer of a Sectary, and a manifest Enemy of the Church, much more one that had relapsed, and was by name excluded from the Catholic Union by the Apostolic See; that all who favour or assist him were guilty of damnable Sin, and would infallibly be damned, and all that did resist him unto blood, would die Martyrs, and enjoy an everlasting Reward in Heaven.; But it is needless to multiply Examples of this nature in a case defined by two general Councils: First, that of Lateran, under Alexander the Third, A. D. 1179. which cap. 27. speaking of certain Heretics there mentioned, Relaxatos autem se noverint à debito fidelitatis & hominii, & totius obsequii, donec in tanta iniquitate permanserint, quicunque illis aliquo pacto tenentur annexi. Bin. To. 7. p. 662. let all men, say they, know, who any way stand bound to them, that as long as these Heretics persist in their Iniquity, they are relaxed from all Fealty, Homage and Obedience due to them. The Second is, the Fourth Council of Lateran, under Innocent the Third, which, as you have already heard, declares, Concil. To. XI. p. 148, 149. that if the Temporal Lord neglect to purge his Territories from Heretical Pravity, notice must be given of his Remissness to the Pope, that he from henceforth may pronounce his Subjects discharged from their Obedience, and give his Dominions to Catholics. Moreover, in compliance with these Popish Principles, we find that Popish Princes, who had made these Promises, did notwithstanding prosecute their Protestant Subjects with the greatest rigour, and act clear contrary to the Engagements made unto them. Our own Dominions will afford a sad and lamentable Instance of this thing. For Dr. Burnet's Hist. of the Reformation, B. 2. part 2. p. 237. when the men of Norfolk, and a great Body out of Suffolk, desired to know of Queen Mary, whether she would alter the Religion set up in King Edward's days, she gave them full Assurance, that she would never make any Innovation or Change, but be contented with the private Exercise of her own Religion. And, on the twelfth of April, she made an open Declaration in Council, That, although her Conscience was stayed in the Matters of Religion, yet she was resolved not to compel or strain others, otherwise than God should put into their hearts a persuasion of that Truth she was in; but, notwithstanding these Engagements, as soon as she was well established in the Throne, she presently began, and did continually promote the Burning of her Protestant Subjects only for their Religion sake. Another Instance of like nature we have in France; where, notwithstanding all the Edicts made in favour of the Protestants, See The Policy of the Clergy of France, p. 22. p. 32. p. 36. p. 40. p. 46. their Temples are demolished, they are rendered incapable of all Charges of Magistrature, they are abandoned to Injustice and Violence; their Children are often taken up in the Streets, shut up in Cloisters, and they never hear more of them; they are deprived of all means of gaining their livelihood, and are not allowed to be of Arts and Trades, though the Declarations and Edicts expressly bear they shall be received into them. p. 135. In England, saith the Huguenot, there, more Favour hath been given to the Catholics than was promised them; but in France, where we live under favourable Edicts, they have promised us what they have not performed; it is only to us that they make profession of not performing what they have promised; the Edicts of Pacification are in all the forms that perpetual Laws ought to be, they are verified by the Parliaments, they are confirmed by a hundred Declarations, and by a thousand Royal words, they have been laid as irrevocable Laws, and as Foundations of the Peace of the State, we rely upon the good Faith of so many Promises, and on a sudden we see snatched from us what we looked upon as our greatest Security, thus there is neither Title, nor Prescription, nor Edicts, nor Arrests, nor Declarations, that can put us in Safety. §. XX. But lastly, That which chiefly doth confirm this Truth is, the Proceedings of the general Council of Constance against John Hus, who being summoned by Sigismond the Emperor to appear before that Council, to take away all Fears and Jealousies of what he might expect to suffer from them, the Emperor grants Liber Epist Joh. Huss ed. A 1537. f. 1. him safe Conduct, Vt Constantiam veniens è converse redire ad Bohemiam possit, to return from Constance to Bohemia, and promiseth he would receive him into the Safeguard and Protection of the Empire; and commanding all Princes of his Dominions to permit him freely to come thither, stay and continue there, and to return from thence. Ibid. f. 2. But notwithstanding this, he had not been above three weeks in Constance, but, contrary to his safe Conduct, he is thrown into prison; which being done in the Emperor's absence he returns to the Council, and argues the Case with them, upon which they pass the Decree contained in the Ninteenth Session of that Council, in these words; Praesens Sancta Synodus ex quovis salvo conductu per Imperatorem, Reges, & alios seculi Principes, Haereticis, vel de haeresi defamatis, putantes eosdem sic a suis erroribus revocare, quocunque vinculo se astrinxerint, concesso, nullum fidei Catholicae vel jurisdictioni Ecclesiasticae praejudicium generari, vel impedimentum praestari posse seu debere declarat, quo minus dicto salvo conductu non obstante, liceat judici competenti Ecclesiastico de hujusmodi personarum erroribus inquirere & alias contra eos debitè procedere, eosdemque punire quantum justitia suadebit, si suos errores revocare pertinaciter recusaverint, etiamsi de salvo conductu consisi ad locum venerint judicii, alias non venturi; nec sic promittentem, cum alias fecerit quod in ipso est, ex hoc in aliquo remansisse obligatum, Bin. council. To. 7. p. 1075. This present Sacred Synod declares that by whatsoever safe Conduct, granted by the Emperor, Kings, or other secular Princes to Heretics, or such as are defamed for Heresy, and by whatsoever bond they have obliged themselves to the observance of it no prejudice can arise, no impediment can or aught to be put to the Catholic faith, or other Ecclesiastical Jurisdiction, but that (notwithstanding the said safe Conduct) it may be lawful for any Competent and Ecclesiastical Judge to inquire into the Errors of such persons, and duly otherways proceed against them, and punish them so far as Justice shall require, if they shall pertinaciously refuse to revoke their Errors; yea, though they come to the place of Judgement, relying upon such safe Conduct and would not otherwise come thither; nor doth he, who so promiseth, remain obliged in any thing, having done what lies in him. And having passed this Decree, for the satisfaction of the Emperor, they pronounce John Hus Jam emittimus animam tuam Diabolo. Ibid. guilty of Heresy, and thereupon seven of the Bishops solemnly degrade, and commit his soul to the Devil, his body to the Emperor, who commands Ludovicus, Duke of Bavaria, to deliver him up to the Executioners, who there-upon commit his body to the flames. The question than is whether the Emperor did not break his Faith with John Hus in so doing, and whether the Council did not decree that neither he nor any else were bound to keep it in this case with Heretics. And although this case be so plain and clear to all persons who have any sense of Justice and honesty, that we dare to appeal to the most indifferent persons in the world. Whether it be not a most notorious Violation of faith for Sigismond himself, after a solemn promise made to Hus of safe Return, to be the (a) Aberat tum fortè Sigismundus, & certior factus graviter tulit, eoque venit, sed cum Pontificii dicerent, Non esse Fidem servandam Haereticis, non modo remisit offensionem, licèt Bohemi frequenter intercederent, & fidem servari peterent, sed etiam primus omnium acerbè in eum pronunciavit. Sleidan. Commentar. l. 3. p. 59 instrument of his execution, and whether they, declaring that the Emperor had done what in him lay, as to the Observation of this Promise, do not expressly declare, that (b) Incinerationem Joh. Hus, Imperator non aequo animo tulit, propter salvum conductum ei datum. Respondit ei Sacrosancta Synodus eum argui non posse de fide mentita, quia Concilium ipsum non dederat ei salvum conductum, & Concilium majus est Imperatore, & ideo non potuisse contra voluntatem Concilii id concedere, praecipuè in factis fidei. Nauclerus, Gen. 48. p. 272. Emperors cannot hinder the Execution of an Heretic, when H. Church doth interpose for his destruction, what promises soever they have made of Safety to him? Yet that which most of all confirms this truth, is the consideration of the Answers made by the Doctors of the R. Church to Protestants acusing of this Council, as well they might, of favouring the Breach of promise made by Catholics, to such as they are pleased to call Heretics; now the chief plea which Opusc. To. 2. p. 149. qu. 5. §. 2. 3. Lab. Cant. p. 154. Becanus, and after him the Author of Labarynthus Cantuariensis makes to free the Councils from this imputation, is, viz. that by that Decree the Council declares, that no Secular Power, how Sovereign soever, can hinder the Proceedings of the Ecclesiastical Tribunal in Causes of Heresy; and consequently, if the Emperor, or any other Secular Prince, grants a safe Conduct, or makes Promise of any thing to the prejudice of that Jurisdiction, it shall not hold. The reason is, because it is a Promise made of a thing not pertaining to the Jurisdiction of that Prince, nor wholly in his Power to see performed:; Which, if I understand any thing, is expressly to say, that though in Cases properly pertaining to the Prince's Jurisdiction he must perform his Promise, yet not in this of Heresy; because it doth belong to the Ecclesiastical Tribunal: When therefore the Council of Constance decrees, that no Secular Power is obliged by any safe Conduct to any thing that may hinder the Ecclesiastical Tribunal's Proceeding in Cases of Heresy, what doth it else but declare in express Terms, that Faith is not to be kept with Heretics, that is, in any thing relating to their Heresy; for this it seems the Magistrates have nothing to do with: and therefore let Kings and Princes make never so solemn Promises and Engagements to men suspected of Heresy, to their peril be it who rely upon them, for they have nothing to do to promise in such matters, and though their Faith be given never so publicly and solemnly, they are not bound to keep it: Nay, they are bound not to keep it: For if they should, it would be to the apparent mischief and prejudice of the Church. This necessarily follows from their own words, and the distinction here used by them: And also from the words of the Council, for if no safe Conduct of Emperors or Kings can prejudice the Catholic Faith, or hinder the Ecclesiastical Jurisdiction from proceeding duly against Heretics, and punishing them as far as Justice doth require, it cannot hinder the Execution of them by the Magistrate when they are given up to the Secular Power for that end; for, I suppose, the Council could not but esteem the freeing Heretics, condemned by the Church, from civil Punishments, a prejudice to the Catholic Faith and an hindrance of the Ecclesiastical Jurisdiction, by letting them escape who by that Jurisdiction were condemned to suffer what was due to Heretics. So that the plain result of all is this, That no Prince ought to promise Safety to the Heretic; But if he does so, though it be more than he can do, yet the Church can make that good use of it, that by that means she may get the Heretics under her Power, and when she hath them, it is but then declaring this Promise to be null, and she may do with them as she pleases. §. XXI. Now to give you the Description of a Popish Prince placed in the Throne, invested with the Power of the Sword, and settled in a Kingdom, where Protestants, that is, damned Heretics, abound from the Decrees and the Determinations of their approved general Councils, and almost in their own Expressions, it is this, viz. A Popish Prince is one who as he doth desire to be esteemed a Christian, or a true Son of the Church, stands bound to wait on the Inquisitors or Catchpoles of the Church, affording them his Aid and Favor, in finding out and apprehending, and in committing to the Gaol all Heretics, with all that favour and abet them, that is, he is to do the Office of a Bailiff, Constable, and a Gaol-keeper to a bloody Bonner, or any other Person deputed by his Holiness for the Destruction of his Subjects. Moreover, as he would avoid the heavy Censures of the Church, he must oblige himself by Oath, not only to rob and spoil his Protestant Subjects of their Goods, and put them into Chains and Fetters, but also to exterminate them out of his Kingdoms and Dominions, and when they are by the Inquisitors or Bishops delivered up into his hands, he must presently commit them to the Flames, that is, he must perform the Office of the Hangman or Executioner for H. Church. And, if he be remiss or backward in butchering his Subjects for their Conscience sake, he must then be deprived of all his Dominions, and they must be disposed of to Persons more inclined to act these bloody Tragedies upon them. And, lastly, if he hath bound himself by Promises or Oaths to deal more mildly with them, and to permit them to enjoy their own Religion, or hath engaged not to execute these Sanguinary Laws upon them, he must repent of this his horrid Wickedness, be false unto the Oath of God, and, in despite of all his Promises, he must effectually proceed to the Extermination and Destruction of them. §. XXII. If he be backward or remiss in executing of these Sanguinary Laws, he hath his ghostly Fathers, the Archbishops and Bishops, who cannot, without Perjury, forget to spur him on to the effusion of the Blood of Christians; for, by the Oath which these Ambassadors of Peace do take at their Admissions to their Sacred Functions, they oblige themselves (c) Haereticos, Schismaticos aut Rebels, eidem Domino nostro, vel Successoribus praedictis, pro posse persequar & impugnabo. Pontif. Rom. edit. Antwerp. A. D. 1626. p. 59, & 86. to prosecute and impugn to the utmost of their power all Heretics, Schismatics and Rebels to the Pope. If they be remiss in this matter, they, by the Constitution of the Fourth general Council of Lateran, must lose their high and Can. 3. vide supra, §. 14. rich Preferments, which, out of too much kindness to a damned Heretic, you may be sure they will not do. 'Tis from their Importunity that all these Sanguinary Laws of Princes had their rise, 'tis they who have insatiably thirsted after Christian Blood, and, like Death, never said they had enough; 'tis they who established all the forementioned Laws, and who in France and Germany were still taking Council together how to destroy their Christian Brethren, more righteous than themselves: Concil. Salisburg. Can. 32. To. 13. p. 325. 'Tis they who do encourage and admonish one another carefully to execute, observe and cause inviolably to be observed, by all their Subjects, all Laws made against persons infamed or suspected of any Heresy, and against all Receivers, Favourers and Defenders of them, and against Secular Powers, who being lawfully required, neglect to extirpate Heretical Pravity out of their Dominions. And with what Faithfulness and Zeal they have performed, in this point, their Oaths, a few late Instances will show. The general Council of Sienna, held A. D. 1423. exhorts, Concil. To. 12. p. 367. invites, admonisheth all Christian Princes, by the Bowels of the Mercies of God, and as they desire to avoid the Divine Vengeance, and the Penalty of the Law, to be watchful and intent to extirpate with all speed the Heresy of the Wicklefists condemned by the Church. A Council met at * Concil. To. 14. p. 441, 442, 443. Paris, under the Archbishop of Sens, A. D. 1528. and therefore called Concilium Senonense, renews all the Decrees of the Fourth general Council of Lateran, excommunicating all Heretics, and declaring all that believe not as the Church of Rome believes, to be Heretics, condemning them to perpetual Imprisonment, Confiscation of their Goods, and decreeing that they shall be given up to the hands of the Secular Magistrate, and commanding all Bishops to be diligent in Execution of these Laws, and all Governors and Consuls of Cities to take an Oath to be aiding in this Work, according to their power. This done, they thus apply themselves unto his Christian Majesty, Francis the First. We beseech the most Christian King by the Bowels of the Mercy of God, for the singular Zeal, and wonderful Affection, and incredible Devotion which he beareth to the Christian Religion, he would forthwith expel all Heretics out of his Dominions and Territories, and would exterminate them; p. 443. And necessary, say they, is it that all Orthodox Princes should bend their whole Endeavours, and exercise their whole power for the destroying and chase away Heretics, if they are willing to consult the good of Christianity, or fear the Ruin of the Christian Faith; this is sufficient to work upon their Piety if they incline that way.; To move them to this Butchery, with hopes of temporal and of eternal Advantages, they let them know, Ibid. p. 462. that though God is able to destroy the Heretics himself, yet such is his Goodness, that he would have men to be Co-workers with him in this thing, and that he amply will reward all those that are so, and that it would be tedious to rehearse the Glory and Felicity of them who, adhering steadfastly to the Catholic Faith, did slaughter Heretics, as being the Capital Enemies of the Crown. And to deter them, if they be superstitious, with the dread of Punishments, they add, that, on the contrary, such Princes as have been favourable to Heretics, and did not withstand their Errors, found the Vengeance of God against them, and, being destitute of his Favour, fell into grievous Calamities, and miserably ended their Lives: We therefore, considering these things, according to our Duty, do instantly exhort all Christian Princes, and, in the Lord, beseech them, that, as they desire to consult their own Welfare, to keep the Rights of their Dominions pure, as they desire to keep the People subject to them in Peace and in Tranquillity, they would, with powerful Arm, defend the Catholic Faith, and manly endeavour to subdue its Enemies; Hoc profectò nostrum desiderium, haec votorum summa, haec nostri conatûs gloria, hoc est quod totâ ment exposcimus, & assiduis precibus à Domino flagitamus, i. e. the Effusion of the Blood of Heretics is what we chiefly do desire both of God and men, and to accomplish this is our chief Glory. The Council of Milan, Bin. To. 9 p. 449. A. D. 1565. puts up the like Petition to the Civil Magistrate in these words, We exhort Princes, and the Magistrates of Cities, and by the Bowels of the Mercies of Christ our Lord, we pray them, that, preferring heavenly gain before earthly, they take care to forbid all Traffic and Commerce with Heretics, in any of their Towns and Cities, and that they suffer not their Subjects, upon these accounts, to repair to any Heretical Countries, especially that they would be helpful to, and heartily would favour (that Hell above ground) the Sacred Inquisition, and, being desired, would interpose their Authority to that end; and what more they could ask it is not easy to imagine. But should Popish Princes be remiss in execution of this Bloody Work, they must expect to be still quickened, if not threatened to it by that great Malleus Haereticorum called his Holiness. For this hath been the constant business of that See from the Twelfth Century till of late, to call upon all Catholic Princes to ruin both the Souls and Bodies of those Subjects who refused to obey the Church of Rome, or become Subjects to his Holiness. And to chastise those Princes who did countenance any such Sects or Heresies, or who refused to destroy and murder them. How industriously they have promoted, how vehemently they have excited Princes and other Governors to these inhuman Persecutions, will appear from the ensuing Instances collected from the Annals of their own Spondanus. In the beginning of the Thirteenth Century the To. 1. p. 36. §. 4. p. 43. §. 3. Persecution waxed hot against the Albigenses and Waldenses, by reason of the Fiery Zeal of Innocent the Third against them; who in the years 1208, and 1210. excited Philip, King of France, to fight against Raimund, the Count of Tolose, and to expel him with his Adherents out of his Dominions, because he was a Favourer of Heretics. A. D. 1209. he promiseth p. 38. §. 7. to all confessed and penitent Crusadoes, that would take up Arms against them, the Remission of Sins, and Absolution from Penance, whereupon these Crusadoes besiege, and take the City of Beziers, and destroy in it Sixty or Seventy Thousand Souls. An. Do. 1211. Innocent the Third writes to the p. 41. §. 4. Count of Tolose, not to receive into his Territories the Albigensian and Waldensian Heretics, declaring that, if he should neglect to obey this Command, he would give up his Dominions to be possessed by the Exterminators of Heretics, as afterwards he did. A. D. 1229. Gaufred, the Legate of the Apostolic p. 102. §. 8. See, excites the Citizens of Milan to animadvert upon the Heretics, by banishing and apprehending them, by destroying of their Houses, by Confiscation of their Goods, and other Penalties; and in the p. 104. §. 4. year following severe Laws were made against them there, by instigation of the Pope, and many Heretics in Lombardy and Germany were burnt. A. D. 1234. Gregory the Ninth excites Ludovicus, p. 116. §. 3. King of France, to restrain the Albigensian Heretics, and, in the same year, by the Authority of the same Gregory, expedition is made against the Heretics p. 117. §. 7. dwelling in the Confines of Saxony, Frisia and Bremen, the Cross is preached up, and the same Privileges which were granted to those who went to the Holy Land, were promised to those Crusadoes who should take up Arms against the Heretics. An. Do. 1235. He set forth an Edict against them, which caused p. 120. §. 1. many of them to be burnt. A. D. 1238. Pope Gregory the Ninth excites Bela, p. 130. §. 10. King of Hungary, to fight against Asanus, Lord of Bulgaria, because he had revolted from the Obedience of the Roman See to the Schism and Heresy of the Greeks, and he solicits the Crusadoes, gathered for the assistence of the Holy Land, to fight against him, by promising to them the same Privileges upon their expedition against him. A. D. 1254. Innocent the Fourth sets forth divers p. 188. §. 6. Constitutions against Heretics and their Favourers, commands the Cross to be preached up against them, and gives the same Privileges and Indulgences to all Crusadoes, who engage against them, which had been granted by a general Council to those who went to the Holy Land. A. D. 1307. Clement the Fifth sent his Legate with p. 364. §. 16. an Army of Crusadoes against the Dulcinists, who denied the Pope and other R. Prelates to be true Pastors, because they lived not according to the Rules of the Gospel, by which Crusadoes the Dulcinists were forced up into the Alps, where they were partly destroyed by the Sword, partly by Cold and Hunger; Dulcinus himself, with some of his Companions, being taken, they were brought to Vercelles, and there cut in pieces, and afterwards their scattered pieces were committed to the Flames. A. D. 1335. Benedict the Twelfth excites John, p. 454. §. 4. King of Bohemia, and the Bishop of Almutz, against some Heretics who came thither out of Germany and the neighbouring Places: And Edward the Third of England, against the Heretics in Ireland, who said the Sacrament was not to be adored. A. D. 1352. Clement the Sixth writes to Peter de p. 522. §. 12. Montibus, an Inquisitor, and to all Prelates and Rectors to persecute the Heretics in the Province of Ambrun, this Persecution makes them fly into Calabria. And An. Do. 1353. Innocent the Sixth writes to the King of Sicily to assist the Inquisitors of Heresy against them there. A. D. 1372. Gregory the Eleventh excites Charles p. 580. §. 11. the Fourth, Emperor of Germany, and other Princes of that Nation, to extirpate the Heretics called Begardi and Bequini, who again sprang up in Germany. A. D. 1374. He writes to the Archbishop of Prague, p. 582. §. 2. and to Charles the Emperor, to punish one Mallaesius an Heretic and his Followers, and to assist the Inquisitors in so doing. A. D. 1375. The Heretics abounding in the Provinces p. 586. §. 5. of Dauphine, Savoy, and other neighbouring Places; the same Pope writes vehement Letters to the Prelates and Rectors of those Provinces, and to Charles, King of France, to labour with the Inquisitors to root them out of those Provinces. A. D. 1377. He writes to the King of England, p. 590. §. 5. and to the Chancellor of Oxford, to extirpate the Errors of Wickliff. In the Fifteenth Century, A. D. 1409. Alexander p. 718. §. 23. the Fifth commands the Wicklefists to be apprehended and condemned as Heretics, by requesting the Aid of the Civil Magistrate. A. D. 1422. Branda, a Cardinal, was sent by Martin p. 779. §. 2. the Fifth, to prosecute the Holy War against the Hussites. A. D. 1427. Martin the Fifth gives to Henry of p. 793. §. 1. Winton ample Power to raise an Army of Crusadoes against the Wicklefists and Hussites, promising to them the same Privileges which were granted to them who went to the Holy Land. In the Sixteenth Century, When Luther came upon the Stage, Leo the Tenth, A. D. 1520. set forth a Bull against him, declaring, (d) Post translatum ex Graecis, à R. Ecclesia, in eosdem Germanos Imperium, iidem praedecessores nostri, & nos ejusdem Ecclesiae Advocatos & Defensores ex eis semper accepimus, quos quidem Germanos constat Haeresum acerrimos Oppugnatores semper fuisse, cujus rei testes sunt laudabiles illae Constitutiones Germanorum Imperatorum pro libertate Ecclesiae, proque expellendis exterminandisque ex omni Germania Haereticis: Testis est in Concilio Const. Hussitarum ac Wicklefistarum, necnon Hieronymi Pragensis damnata ac punita perfidia: Testis est toties contra Bohemos Germanorum sanguis effusus. Bull. Leonis Decimi. Concil. To. 14. p. 391. that since the Church of Rome, N. B. had translated the Empire from the Greeks to the Germans, she had ever found the Germans to be severe Oppugners of all Heresy, witness the Decrees of the Germane Emperors for the exterminating Heretics out of their Dominions, the Condemnation of the Hussites, Wicklefists, and Jerom of Prague by the Council of Constance; Witness the Blood they have so often shed against the Bohemians. Wherefore, to show the Care he bears for Christian Religion and the Orthodox Faith, (e) Nos igitur,— habitâ super praedictis erroribus— diligenti trutinatione, discussione, ac districto examine, maturâque deliberatione cum venerabilibus fratribus S. R. E. Cardinalibus,— pluribusque aliis S. Theologiae, necnon utriusque Juris Professoribus sive Magistris, & quidem Peritissimis, reperimus eosdem Errores non esse Catholicos,— sed contra Ecclesiae Catholicae Doctrinam & Traditionem, contra Sanctorum Patrum Determinationes, Conciliorum quoque & Summorum Pontificum expresses Ordinationes seu Canon's, quibus non obtemperasse omnium Haeresum & Schismatum foams & causa semper fuit; de eorundem itaque Fratrum nostrorum consilio & assensu,— praefatos omnes & singulos Articulos tanquam respectiuè haereticos, aut scandalosoes, aut falsos, & veritati Catholicae obviantes damnamus, reprobamus, etc. ac pro damnatis, reprobatis ac rejectis, ab omnibus utriusque sexûs fidelibus haberi debere, harum serie decernimus ac declaramus. Ibid. P. 394, 395. he, with his Cardinals, and many other Divines most skilful in Theology, and the most Eminent Professors of both Laws, after mature deliberation, diligent examination and discussion of some Articles cited in this Bull, of which this is one, viz. That it is against the will of the Holy Spirit, that Heretics should be burnt, declares, that all those Articles were contrary to the Doctrine and Tradition of the Catholic Church, against the Determinations of Holy Fathers, and the express Ordinances and Canons of Popes and Councils, which not to be obedient to is the Cause and Nourishment of all Heresies and Schisms. He therefore, with the Counsel and Assent of the aforesaid Brethren, pronounceth all the aforesaid Articles to be respectively Heretical, or Scandalous, or False, and contrary to Catholic Verity, and, as such, reprobates and damns them; decreeing, that all Christians shall look upon them as such. And he (f) Inhibentes sub majoris Excommunicationis latae Sententiae poenis,— Regibus, Imperatoribus, Principibus, Ducibus, etc. nè praefatos Errores, aut eorum aliquos asserere, affirmare, defendere, praedicare, aut illis publicè vel occultè, tacitè vel expressè favere praesumant. Ibid. p. 395, 396. Regibus, Imperatoribus, Electoribus, etc. mandamus, quatenus, sub praedictis omnibus & singulis poenis, ipsi, vel eorum quilibet, praefatum Martinum, Complices, Adhaerentes, Receptantes & Fautores personaliter capiant, & Captos ad nostram instantiam retineant, & ad nos mittant, reportaturi pro tam bono opere, à Nobis & Sede Apostolica remunerationem praemiúmque condignum. Ibid. p. 398, 399. inhibits all Kings, Emperors, Electors, Princes, Dukes, Marquesses, etc. under the Penalty of the greater Excommunication, to be actually incurred without judicial proceeding, to assert, affirm, defend, preach, or publicly or secretly, tacitly or expressly to favour the aforesaid Errors or perverse Doctrine of Luther; and under the same Penalties commands them personally to apprehend him, his Accomplices, Adherents, Receivers and Favourers, and to retain them till the Pope requires them, and then to send them to him, for which good Work he promiseth to reward them. And lastly, He doth excommunicate and anathematise all Persons of what state, degree, condition, preeminence, dignity or excellency soever, who any ways do hinder the Publication of this Bull in their Dominions.; A. D. 1521. He pronounceth Luther a Heretic, Spond. To. 2. p. 338. ad A. 1521. §. 1. and declares, that all Persons of what authority, dignity or condition soever, who did patronise or yield him any counsel, help or favour, had incurred the Penalties and Censures inflicted by the Canons upon Heretics, and all the other Punishments contained in his former Decree. And he commands, that they should every where be denounced excommunicate, anathematised, accursed, interdicted, deprived of all Honour, Goods and Dignity, and that they and their Posterity should be uncapable of them for the future, and should by all men be avoided. A. D. 1522. Hadrian the Sixth excites the Princes p. 348. §. 13. of Germany to extirpate the Heresy of Luther, and writes Letters both to the Secular and Ecclesiastical Princes to this effect, and particularly to Frederick, Duke of Saxony, in whose Dominions Luther dwelled, admonishing him to consider how he could answer at the Tribunal of Christ for cherishing a Madman and a Subverter of the Doctrine of the Church. And (h) Hoc tibi denunciamus in virtute Omnipotertis Dei & Domini nostri Jesus Christi, cuius in terris Vicarius sumus, nec te in praesenti seculo laturum impunè, & in futuro aeterni te ignis exspectare incendium.— quare revertimini ad Cor, & resipiscete, Tu, tuique misere seducti saxons, nisi utrumque gladium, Apostolicum simul & Caesareum, olim velitis experiri. Bull. Adrian. Sexti, apud Bin. To. 9 pag. 180. denouncing to him in the Name of the Omnipotent God, and the Lord Jesus Christ, that if he did not return to a sound Mind, he should hereafter be condemned to Hell Fire, and should not go unpunished in this present Word, but suffer by the Sword of Caesar and the Apostles See. And to that end this Pope writes Letters to the Electors and other Princes of Germany, and sends an Instruction to Cheregata, his Legate, how to proceed in this Matter. A. D. 1525. Clement the Seventh exhorts the Senate p. 375. §. 24. of Paris to punish the Lutheran Heresy sprung up amongst them, professing that he himself will spare no Diligence or Industry in that Cause. A. D. 1568. Maximilian grants to the Nobility p. 704. §. 25. of Austria the free Exercise of the Augustan Confession in their Towns, Castles and Villages, which when Pius the Fifth hears of, he presently sends to him the Cardinal of Commendonum to hinder it, or if he could not hinder it, to declare by the Apostolical Authority, that the Pope would inflict upon him, if he did not suddenly rescind that Decree, all the Ecclesiastical Penalties and Execrations, and would deprive him of his Dominions, and take care that another should be chosen Emperor. A. D. 1585. Sixtus the Fifth exhorts the King of p. 822. §. 17. France, that, being mindful of his Oath which he had taken at his Coronation, De omnibus Haeresum atque Sectarum Seminibus extirpandis, to extirpate all the Seeds of Heresy and Schism, he would effectually perform it. THE END. Books lately Printed for Thomas Basset at the George in Fleetstreet. THE History of Romish Treasons and Usurpations; together with a particular Account of many gross Corruptions and Impostures in the Church of Rome, highly dishonourable and injurious to Christian Religion: to which is prefixed a large Preface to the Romanists, carefully collected out of a great number of their own approved Authors: By Henry Foulis, B. D. late Fellow of Lincoln-Colledge in Oxford. A Catalogue. An Institution of General History, or, The History of the World; being a complete Body thereof: In Two Parts; the First, from the Beginning of the World till the Monarchy of Constantine the Great; wherein are described the several Empires and the Contemporaries with them, all distinctly and by themselves; and yet linked together by Synchronisms: As also the Forms and Models of Governments, with the Power and Nature of their respective Magistrates, Customs, Laws and Antiquities. The Second Part containing that of the Roman Empire, its flourishing Condition, its middle or neutral State, and its Ruin and Downfall in the West; from the Monarchy of Constantine the Great, to the Taking of Rome by Odoacer, King of the Heruli, and the erecting of a Kingdom of Barbarians in Italy; with an Account of the Polity of the Empire, and of the several Laws of moment made during the Reigns of the Emperors both in East and West to this Period. By William Howell, LL. D. sometimes Fellow of Magdalen College in Cambridge.