solemne and famous Canon of Gregory the seuenth Nos sanctorum Of whom since he had made a new rent in the body of the Church as Authors of his own Religion if he had any professe it is no maruaile that he patched it with a new ragge in the body of the Canon law Thus therefore he saies Insisting vpon the statutes of our predecessors by our Apostolique authority wee absolue from their Oath of Alleageance all which are bound to persons excommunicate And we vtterly forbid them to beare any Alleageance to such till they come to satisfaction But to whom shall these men be subiect in the meane time To such a one as will be content to resigne when so euer the other will aske forgiuenesse Ambition is not an ague it hath no fits nor accesses and remittings nor can any power extinâ—guish it vpon a sodaine warning And if the purpose of Popes in these deposings were but to punish with temporarie punishment why are the Kingdomes which haue been transferred by that colouâ— from Hereticall Princes still with-held from their Catholique Heires 29 But who these predecessors of whom the Pope speaks in this letter were I could neuer find And it appeares by this that this was an Innouation and that he vsed Excommunication to serue his own ends because in another Canon he sayes That many perished by reason of Excommunications and that therefore he being now ouercome with compassion did temper that sentence for a time and withdraw from that band all such as communicated with the excommunicate person except those by whose Counsaile the fault was perpetrated which induced the Excommunication And this sayes the glosse he did because he saw them contemne excommunication and neuer seek Absolution for all those whom he exempts by this Canon were exempt before his time by the law it selfe So that where he sayes Temperamus it is but Temperatum esse ostendimus and hee did but make them afraid who were in no danger and make them beholden to him whom the law it selfe deliuered And of this Canon in speciall words one of their great men sayes That it binds not where it may not be done without great damage of the subiect 30 Of his Successor almost immediate for Victor the third lasted but a little I finde another Canon almost to the same purpose for he wrâ—tes to a Bishop to forbid the Souldiers of an Earle who was excommunicate to serue him though they were sworne to him For sayeâ— heâ— They are not tied by any authority to keepe that alleageance which they haue sworne to a Christian Prince which resists God and his Saints and treads their precepts vnder his feete But in this man as Gregories spirit wrought in him whâ—lst he liued for he was his Messenger to publish the Excommunication against the Emperour in Germany so Gregories ghost speakes now for all this was done to reuenge Gregories quarrell though in his owne particular hee had some interest and reason of bitternesse for he had beene taken and ill vsed by Henry in Germany 31 In the 25 Cause there is a Canon which tasts of much boldnesse What King so euer or Bishop or great person shall suffer the Decrees of Popes to be violated Execrandum Anathema sit But these for in this Cause there are diuers Canons for the obseruing of the Canons are for the most part such imprecations as I noted before Gregory the first â—o haue made for preseruation of the priuiledges of Medardus Monastery and some other of the same name of which kinde also Villagut hath gathered some other examples And at farthest they extend but â—o excommunication and are pronounced by the Popes themselues and are intended of such Canons as are of matters of faith that is such as euen the Popes themselues are bound to obserue as appeares here by Leoâ—he â—he fourths Canon Ideo permittente And here I will receiue you from Gratian and leade you into the Decretals whom they iustly esteeme a little better company 32 To proue the Popes generall right to interpose in all causes which seemes to conduce to the Question in hand they cite often this case falling out in England which is vpon seuerall occasions three or foure times intimated in the Decretals It was thus Alexander the third writes to certaine Bishoppes in England to iudge as his Delegates in a Matrimoniall cause And because the person whose legitimation was thereby in question was an â—eire and the Mother dead and the Pope thought it not fit that after her death her marriage should bee so narrowly looked into since it was not in her life therefore he appoints That possession of the land should bee giuen first and then the principall point of the marriage proceeded in And by this they euict for him a title in temporall matters Accessorily and Consequently But if they consider the times they may iustly suspect vniust proceeding For it was when Alexander the third did so much infest our King Henry the second And it seemes he did but trie by this how much the King would endure at his hands for when he vnderstood that the king tooke it ill then came another Letter related also in the Canons wherein hee confesseth that that matter appertaines to the King and not to the Church And therefore commaundes them to proceede in the matter of the marriage without dealing with the possession of the land 33 Another Canon not much vrged by the defenders of direct Authoritie but by the other faction is a Letter of Innocent the third In which Letter I beleeue the Pope meant to lay downe purposely and determinately how farre his power in Temporall matters extended For it is not likely that vpon a Petition of a priuate Gentleman for Legitimation of his Children who doubted not of his power to doe it the Pope would descend to a long discourse and proofe out of both testaments and reasons of conueniencie that he might doe it and then in the end tell him hee would not except hee meant that this Letter should remaine as euidence to posteritie what the Popes power in Temporall causes was Let vs see therefore what that is which he claimes 34 A Subiect of the King of France who had put away his Wife desires the Pope to legitimate certaine Children which he had by a second wife And it seemes he was encouraged thereunto because the Pope had done that fauour to the King of France before The Pope answers thus By this it seemes that I may graunt your request because I may certainely Legitimate to all spirituall capacities and therefore it is Verisimilius probabilius that I may doe it in Temporall And sayes he It seemes that this may be prooued by a similitude because hee which is assumed to bee a Bishop is exempted thereby from his fathers iurisdiction and a slaue deliuered from bondage by being made a Priest And hee addes In the patrimonie I
not onely be enwrapp'd in the bands of ExcoÌ„munication but cast into hell Vinculis Anathemaâ—is And this Iohn the eight at the same time when he alowes him all due attributes desires him to incline his sacredeares to him threatens Charles himself that if he restore not certain things taken from a Nunnerie by a certaine day He should bee Excommunicate till restitution and if being thus lightly touchâ—d he repented not Durioribus verberibus erudieâ—dus erat 73 So that whether this farther punishment were no other then that which is now called excommunicatio Maior or that which is called in the Canons Anathema maranatha the denouncing of which and the absoluing from it was acted with many â—ormalities and solemnities and had many ingredients of burning tapers and diuers others to which none could be subiected without the knowledge of the Arch-Bishoppe it appeares that it now here extends to temporall punishment or forfaitures and confiscations 74 Of which there appeares to me no euidence no discernable impression no iust suspition till Gregory the seuenths time And then as it may well be said of Phalaris his letters that they were al writ for execution and of Brutus his letters that they were all Priuy Seales for money so may wee â—ay of Gregories iudging by the frequency thereoâ— that they were all cholerique excommunications and that with Postscripts worse then the body of the letter which were Confiscations neuer found in his predecessors which should haue beene his precedents 75 And for this large and new addition of Eradication hee first threatned it to the Fench King and then practised it effectually vpon the Emperour To the Bishoppes of France he writes That their King Philip is not to be called King but a Tyrant which by perswasion of the Diuel is become the cause and the head of all mischiefe Therefore saies he all you must endeauour to bow him And thus farre his Pastorall care might binde him And to shew him that he cannot escape the sword of Apostolique animaduâ—rsion and thus farre his iealousie of his spiritual Primacy might excuse him But when he adds Depart from communion with him and obedience to him forbid Diuine Seruice throughout all France and if he repent not we will attempt to take the Kingdome from his possession they are wordes of Babel which no man at that time vnderstood yet he writes in the same tenour to the Earle of Poicton That if the king perseuere both he and all which giue any obedience to him shall be sequestred from the communion of the Church by a Councell to be held at Rome So assuredly and confidently could hee pronounce before hand of a future determination in a Councell there 76 And of his owne seuerity vsed towards the Emperour whom vpon seuere penances hee had resumed â—nto the Church he blushes not to mâ—ke an Historical Narration to the Bishops and Princes of Germany thus He stood three daies before the gate despoiled of all Kingly ornaments miserable and barefooâ—e till all men wondred at the vnaccustomed hardnesse of our minds And some cryed out that this was not the grauity of Apostolique seuerity but almost the cruelty of Tyrannique sauagenesse 77 And when Rodulphus whom he had set vp against the Emperour was dead seeing now as himselfe confesses almost all the Italians enclin'd to admit the Emperour Henry euen they whom he trusted most for so he saies â—ene omnes nostri fideles he protesteth that Rodolphus was made without his consent Ab vltramontâ—nis and that he went to depose him and to call those Bishops to account which adhered to himâ— And then he writes to certaine Prelates to slacken the Election of a new Emperour and giues instruction what kind of person hee would haue to bee elected One which should be obedient humbly deuout and profitable to the Church and that would take an oath to doe any thing which the Pope would commaund him in these wordes Per veram obedientiam and that hee would be made a Knight of Saint Peter and of the Pope 78 But although many watchfull and curious men of our Church and many ingenious of the Romane haue obseâ—ued many enormous vsurpations and odious intemperances in this tempestuous Pope Gregory the seuenth and amongst them almost anatomiz'd euery limme of his Story yet it may bee lawfull for mee to draw into obseruation and short discourse two points thereof perchance not altogether for their vnworthines pretermitted by others Of which the first shall be the forme of the excommunication against Henry because by that it will appeare what authority hee claimed ouer Princes And the other â—haâ—â— be â—is letteâ—â—o a Bishop wâ—o desired to draw from him some reaâ—ons by which he might defend that which the Pope hâ—d done because by that it will appeare vpon what foundations he grounded thâ—s preteâ—ce and authorâ—ty 79 The excoÌ„municaâ—ion is thus deliuered Conâ—tradico ei I denie him the gouernment of al the kingdom of Germany of Italy and I absolue all Christians froÌ„ the band of the oth which they haue made to him or shall make and I forbid any man to serue him as his king for it is fit that he which endeuors to diminish the honor of the Churchâ— should loose his owne honour And because he hath contemned to obey as a Christian participating with excommunicated persons and despising my admonitions and seperating himselfe from the Church I tie him in vinculo Anathematis By which we see that he beginnes with Confiscation And because it had neuer beene heard that the Popes authority extended beyond Excommunication therefore hee makes Deposition a lesse punishment then that and naturally to precede it for he makes this to bee reason enough why he should forfait his dignity because he attempted to dimâ—nish the Dignity of the Church But for his Disobedience to the Chuâ—ch and him he inflicts Excommunication as the greater and gâ—eatest punishment which he could lay vpon him And it is of dangerous câ—nsequence if Excommunication bâ— of so high a nature and of so vast an exâ—ent that wheresoeuer it is iustly inflicted that presupposes Confiscation and Deposition 80 And another dangerous preiudice to the safetâ—e of all Princes ariseth out of this pâ—ecedent which is that hee absolues the Subiects of all Oathes of Alleageance which they shall make after that Denunciation For if his successor that now gouernes shall be pleased to doe the same in England at this time and so giue his partie here such leaue to take the Oath of Alleageance doth he not thereby vtteâ—ly frustrate and annihilate all that which the indulgence of a mercifull Prince and the watchfulnesse of a diligent Parliament haue done for the Princes safety and for distinction betweene trayterous and obedient subiects Yet both this Deposition and this Absolution of subiects and this Interdiction were all heaped and amass'd vpon a Catholique Prince before the excommunication it selfe or any
obeyed though hee commaund contra Societatem yea it is contra Societatem if he be not obeyed because there is a generall contract in humane Societies that Kings must be obeyed how much more must we obey God the Gouernour of all Creatures And do they which alleadge for the Popes Supremacy ouer Princes intend the Pope to be Gouernour of all Creatures Doth he gouerne Sea and Elements or doe they thinke that the will and commandements of God are deriued to vs onely by the way of the Pope or why should not wee thanke them for producing this Canon since it is direct and very strong for Kings and for the Popes it is but common with all other Magistrates who must be obeyed when God speaks in them or when they spâ—ake not against God 21 In the tenth Distinction one Pope by the testimony of two other popes saies That the Ecclesiastique Constitutions must be preferred before the Emperours lawes And the cases mentioned there are the constituting of a Metâ—apolitane the dissoluing of a Mariage vpon entring into Religion to which I say that these cases by consent of the Emperours were vnder their iurisdiction And if you gather a generall rule by this of the force of Canons aboue Ciuill lawes you proceede indirectly accepting the same persons for Parties Iudges and Witnesses and besides it is not safe arguing from the Emperour to another absolute Prince nor from the authority which Canons haue in his Dominions to what they should haue in all 22 In the 21. Distinction A Pope writing to a Bishoppe of Milan telles him That the dignities and preheminences of Churches must be as the Bishoppe of Rome shall ordaine because Christ committed to Peter which hath the keyes of eternall life Iura terreni simul Caelestis imperij But if he meane by his Terrenum Imperium the disposing of the dignities and preheminencies of Churches one aboue another in this world Or if he meane by it That he hath this Terrenum Imperium as he hath the keyes of heauen that is to binde and loose sinnes by spirituall censures and Indulgences of absolâ—tion in which capaciâ—y he may haue authority ouer the highest secular Princes for any thing conteined in this Oath this Canon wil do vs no harme But if hee meane that Christ gaue him both these authorities together and that thereby he hath them as Ordinary Iudge then Bellarmine and all which follow the Diuines opinion of indirect power will forsake him and so may you by their example 73 After another Pope Gelasius writes to Anastasius the Emperour comparing Secular and Ecclesiastique dâ—gnity And he saâ—es You know that you depend vpon their iudgement but this is saies the Glosse in spirituall matters And because this Canon comes no neerer our question then to iustifie in the Pope a power of excommunicating Princes for it assumes no more â—hen Ambrose exercised vpon Theodosius I will stand no longer vpon it 24 And these be the Canons which out of the Distinctions I haue obserued to be scattered amongst their Authours when they teach this doctrine for any that preferres Priest-hood befoâ—e Principality seemes to them â—o conduce to that point Now I will follow Gratian in his other parts where the first is the Canon Nos si incompetenter which is veâ—y ofâ—en vrâ—ed but it is so farre â—rom inâ—luding this power of Deposing that it excludes it â—or allowing the Priest poweâ— to Reprehend and remembring former examples of Excommunication hee addes Nathan in reproouing the King executed that office in which he was Superiour to him but he vsurped not the Kings office in which he was inferiour nor gaue iudgement of death vpon him as Adulterer or murderer 25 In the seuenth Question of the ninth Cause from the Canon Episcopo to the end of that Question there are many sayings which aduance the digniâ—y of the Romane Seate and forbidde al men to hinder Appeals thither or to iudge of the popes Decrees But all these were in spirituall causes and directed to spirituall persons and vnder spirituall punishments Onely in the Canon Fratres the king of Spaine seemes to be threatned but it is with Excommunication onely And all these Canons together are deliuered by one Pope of another In whome saâ—es the Glosse It is a familiar kinde of proofe for one one Pope to produce another for witnesse as God did proue the sinnes of Sodome by Angels And as there is much iniustice in this manner of the Popes proceeding so is there some tincture of blaspemy in the maner of iustifying it by this Comparison 26 The Canon Alius which droppes out of euery penne which hath written of this Subiect is the first wherein I marked any Pope to speake of Deposing In this Gelasius writes to Anastasius a Pope to an Emperour that Pope Zachary his predecessor had deposed the King of France because he was vnfit for so great a power But the Glosser doth the Pope good seruice and keepes him within such a conuenient sense as may make him say true For saies â—e He deposed that is Hee gaue consent to them which did depose which were the States of that Kingdome which he saies out of the Euidence of the history for he is so farre fâ—om coarcting the Popes power that wee may easily deprehend in the Glosse more â—raud and iniquity then arrogance and tyrannie in the Pope For saies he the vnfitnesse of the French King was licentiousnesse not infufficiency to gouerne for then the Pope ought to haue giuen him an assistant To proue wâ—ich he cites two other Canons In which places it appeares That to Bishoppes vnable by reason oâ— age to discharge their functions the Pope assigns Coadiutores and by this the Glosser might euict that he hath the same Ordinary authority to dispose of Kingdomes as of Bishoprickes This Canon therefore doth onely vnfaithfully relate the act of another Pope and not determine nor decree any thing nor binde the conscience 27 In the same Question there is a Canon or two in which our case is thus farre concern'd that they handle the Popes authority in Absoluing and Dispensing from Oathes And the first is câ—ted often and with great courage because besides the word Ab omnibus Iuramentis cuiuscunquemodi obligationibus absoluimus there followes parsue theÌ„ with the spirituall and materiall sword But when we consider the case and the History this power will not extend to our cause For the Pope thereby doth giue liberty to some Bishops to recouer by iust violence such parts of the Church Patrimonie as were taken away from them and doth dispence with such oathes as they had beene forced to take by those which iniuriously infested the Church Yet I denie not but that the glosser vpon this Canon is liberall enough to the Pope for he sayes hee hath power to dispence against the law of Nature against the Apostle 28 After this followes that
the Metropolitane of England should Excommunicate him And yet by there Doctors it is auerr'd that Iure Diuino and Iure Comâ—muni Antiquo A Bishop may Excommunicate a King as Ambrose did Theodosius and that excepting onely infallibilitie of iudgement in matter of Faith a Bishop might Iure Diuino doe all those things in his Diocesse which the Pope might doe in the whole Church For so Bellarmine himselfe concludes arguing from the Popes Authoritie in all the world to a Bishop in his Diocesse If thereâ—ore an Oath had beene lawfull for defending the King against All enemies though a Bishop Excommunicate him And the Pope haue onely by positiue lawes withdrawne from the Bishops some of the exercise of their iurisdiction and reserued to himselfe the power of excommunicating Princes it is as lawfull to defend him aâ—ter a Popes excommunication now as it was after a Bishops when a Bishop might excommunicate and no man euer said that a Bishop might haue deposed a King 16 All which they quarrell at in the oath is that any thing should be pronounced or any limits set to which the Popes power might not extend but they might as well say that his spirituall power were limited or shortned and so the Catholique faith impugned if one should denie him to haue power ouer the winde and sea since to tame and commaund these in ordine ad spiritualia would aduance the conuersion of the Indies and impaire the Turks greatnesse and haue furthered his fatherly spirituall care of this Kingdome in 88. 17 All the substance of the oath is virtually comprehended in the first proposition That king Iames is lawfull King of all these Dominions The rest are but declarations and branches naturally and necessarily proceeding from that rooâ—e And as that Catholique which hath sworne or assented that Paul the fift is Pope canonically elected hath implicitely confessed that no man can deuest or despoile him of that spirituall iuâ—isdiction which God hath deposed in him nor of those temporall estates which by iust title his predecessours possessed or pretended too so that Subiect which sweares king Iames to bee his true and lawfull King obliges himselfe therein to all obedience by which hee may still preserue him in tâ—at state which is to resist all which shâ—ll vpon any occasion be his enemies 18 For if a king be a king vpon this condition that the Pope may vpon such cause as seemes iust to him depose him the king is no more a Soueraigne then if his people might depose him or if a Neighbour king might depose him For though it may seeme more reasonable and conuenient that the Pope who may bee presumed more equall and dispassioned then the people and more disinteressed then the neighbour Princes should be the Iudge and Magistrate to depose a Prince enormously transgressing the wayes in which his duâ—y bound to him to walke though I say the king might hope for better Iustice at his hand then anothers yet he is no Soueraigne if any person whatsoeuer may make him none For it is as much against the nature of Soueraignty that it may at any time be iustly taken away as that it shall cerâ—ainly bee taken away And therefore a King whom the Pope may depose is but a Depositarieâ— and Guardian of the Souerainty â—o whose trust it is committed vpon condition as the Dictators were Depositaries of it for a certaine time And Princes in this case shall bee so much worse then Dictators as Tenants at will are worse then they which haue certaine leases 19 And thereâ—ore that suspition and doubt which a learned Lawyer conceiued that the Kings of France and Spaine lacked somewhat of Souerainty because they had a dependance and relation to the Pope would haue had much reason and probability in it though he meant this onely of spirituall matters concerning religion if that authority which those Kings seeme to be subiect to were any other then such as by assenting to the Ecclesiastique Canons or confirming the immunities of the Ecclesiastique state they had voluntarily brought upon themselues and the better to discharge their duetyes to their Church and to their ciuill state had chosen this way as fittest to gouerne their Church as other waies by Iudges and other Magistrates to administer ciuill Iuâ—stice 20 So thereâ—ore his Maiesties predecessors in this Kingdome were not the lesse Soueraigne and absoluteâ— by those acts of Iurisdiction which the Popes exercised here For though some kings in a mis-deuout zeale and contemplation of the next life neglected the office of gouernement to which God had called them by attending which function duely they might more haue aduanced their saluation then by Monastique retirings of which publique care and preseruing those which were committed to their charge and preferring them before their owne happinesseâ— Moses and St. Paul were couragious examples Though I say they spent all their time vpon their owne future happinesse and so making themselues almost Clergy men and doing their duties gaue the Clergie men way and opportunity to enter vpon their office and deale with matter of State And though some oâ—her of our kings oppressed with temporall and personall necessities haue seemed to diminish themselues by accepting conditions at the Popes hands or of his Legates And some others out of their wisedome auoiding dangers of raw and immature innouâ—tions haue digested some indignities and vsurpations and by the examples of some kingdomes about them haue continued that forme of Church Gouernment which they could not resist without tumult at home and scandall abroadâ— yet all this extinguished no part of their Souerainty which Souerainty without all question they had before the other entred into the kingdome intirely and Souerainty can neither be deuested nor deuided 21 As therefore Saint Paul suffered Circumcision as long as toleration thereof aduanced the propagation and growth of the Church when a seuere and rigid inhibition thereof would haue auerted many tender and scrupulous consciences which could not so instantly passe from a commandement of a necessity in taking Circumcision to a necessity in leauing it But when as certaine men came downe and taught that circumcision was necessary to saluation and so ouerthrewe the whole Gospell because the necessity of both could not consist together then Circumcision was vtterly abolished So as long as the Romane Religion though it were corrupted with many sicknesses was not in this point become so infectious and contagious as that it would vtterly destroy and abolish the Souerainâ—y of Princes the kings of England succourd relieued and cherished it and attended an opportunity when God would enable them to medecine and recouer her but to be so indulgent to her now is impossible to them because as euery thing is iealous of his owne being so are kings most oâ— any and kings can haue no assurance of being so if they admit professors of that Religion which teache that the Pope may at any time Depose them
shall defend me from the curious malice of those men who in this sickly decay and declining of their cause can spy out falsifyings in euery citation as in a iealous and obnoxious state a Decipherer can pick out Plots and Treason in any familiar letter which is intercepted And thus much it seemed necessary to mee to let the Reader know to whose charitable and fauourable opinionâ— I commit the booke and my selfe to his Christianly and deuout Prayers Those literall and punctuall Errors which doe not much endanger the sense I haue left to the discretion and fauour of the Reader as he shall meete with them The rest he may be pleased to mend thus In the Preface § 24. For Sacerdotes nonâ—ntes Reade Sacerdoturientes Pa. Li. Faults Correct 3 1 During Daring 14 14 Inciting Auiling 15 vlt. Princesse Prince 18 14. To proceede So proceedes 29 vlt. Churches church 30 11 Establing Establishing 38 28 Genuit Gemunt 41 8 Vestram Nostram 45 21 Iâ— Tâ— Ibid. 26 Princes Prince 47 14 calles call 57 2 Emperours Emperour 58 22 Profession possession 66 10 Now here No where Ibid. 16 VVrit VVrits 68 7 VVent Meant Ibid. 18 Ingenious Ingenuous 70 20 The Then 71 vlt. After Andâ— adde As. 72 9 Priuatur priuetur 73 1 End Ends 74 15 Other Others 75 3 Intituled Instituted 80 vlt. Exemply Exemplifie 100 26 Ariseth Ariseâ— 102 4 After Aâ—e out out So 107 26 After which adde That Ibid. vlt. Heaued Heard 113 25 Not. Now. 152 7 Enlaline Eâ—lalias 157 28 Your The. Pa. Li. Faults Correct 169 26 After As put out At 170 18 Thereof for Therefore 172 5 Conduced Conducted 175 20 VVords VVord 179 8 Chappels Chappell 193 1 After Are adde Not 195 9 Your The 212 26 VVaine VVaiue 218 7 Extend the Sect. 37. one line into the § 38 225 19 Your The 228 22 After Oath â—dde Bee 229 21 Belong Belongd 233 8 Gaue Giue 240 11 To bey To obey â—44 14 The This 265 25 After And adde Not 274 8 Re-enuersing renuersing 275 8 That It Ibid. 14 After Bâ—t add the panegyricke 276 5 Heads Beards 277 6 Hyol Holy 278 17 Fall Fallen 280 13 Certaintie Certainely 297 21 After Alleadge adde This 304 27 Name Nature 305 5 Receiâ—e Relieue 313 20 God The good 322 2 There This 324 25 Since Sinne 378 21 Aâ— Vs 379 11 Dominium Domicilium Those Faults which are in the Margin by placing the Citations higher or lower I must leaue to the Readers discretion the rest he may mend thus PReface § 8. Pilireade Poli. Fol. 7. lin 28. adde Homil. de Dauid Saul ibid. 24. adde Mar. 10.29 fol. 9. lin 7. for Rauolta reade Raccolta fol. â—7 lin 27. for Possâ—re reade Possessor fol. 31. lin 11. for Hu. reade Offi. fol. 40. lin 5. adde 1. Sam. 24.15 fol. 309. lin 3. adde De potest Eccles. § 6 Nn. 2. A PREFACE TO The PRIESTES and IESVITS and to their Disciples in this KINGDOME I Am so well acquainted with the phrases of Diminution and Disparagement and other personall aspersions which your writers cast and imprint vpon such of your owne side as depart from their opinions in the least dramme or scruple as I cannot hope that any of them will spare me who am further remoued from them For since Cassander whom the two Emperourâ— Ferdinand and Maximilian consulted and called to them not in any schisme betweene the Emperours and Popes about temporall Iurisdiction in which quarrell whensoeuer it happened the Emperours cause was euer sustained by as learned and as Religious and as many men as the Popes but in matters of Doctrine and for a way of Reformation when the Popes themselues confessed that the Church was in extreame neede thereof Since hee I say is called by one of them but a Grammarian to which honour if he which cals him so in scorne had beene arriued he would neuer haue translated vindiciae contra Tyrannos reuenge vpon Tyrants since vindiciae signifies a Decree or Order of the Iudge in a cause of Bondage and Liberty depending before him by which it is ordered that the party whose condition is in question shall remaine either free or bond till the matter be heard without any preiudice if it fall out otherwise vpon the hearing And since of Caietane when hee differs from them in the point of the Canon of scriptures they say That though he were well seene in Scholastique subtilties yet he was not so in the Fathers though in that very matter the same Authour confesse that Caietane followed Saint Hieromes foot-steps since because he denies marriage to be proued a Sacrament out of one place of Saint Paul they say that he fell into grieuous errors in both Testaments Hebraizando and Erasmizando Since when he distasts the coursenesse of the vulgar edition they say that in three or foure pages of his Psalter there are more Barbarismes and Solaecismes then in the whole vulgar Bible Since Erasmus following the opinion of Driedo and other Catholickes and so denying some part of Daniel to be Canonicall is called by Bellarmine a Halfe-Christian these men will certainely be more rigid and seuere vpon me 2 And if they will be content to impute to me all humane infirmities they shall neede to faine nothing I am I confesse obnoxious enough My naturall impatience not to digge painefully in deepe and stony and sullen learnings My Indulgence to my freedome and libertie as in all other indifferent things so in my studies also not to betroth or enthral my selfe to any one science which should possesse or denominate me My easines to affoord a sweete and gentle Interpretation to all professors of Christian Religion if they shake not the Foundation wherein I haue in my ordinary Communication and familiar writings often expressed and declared my selfe hath opened me enough to their malice and put me into their danger and giuen them aduantage to impute to me whatsoeuer such degrees of lazines of liberty of irresolution can produce 3 But if either they will transferre my personall weakenesses vpon the cause or extend the faults of my person to my minde or to her purest part my conscience If they will calumniate this poore and innocent worke of mine as if it were written either for Ostentation of any ability or faculty in my selfe or for Prouocation to draw them to an aunswere and so continue a Booke-warre or for Flattery to the present State which thogh my seruices be by many iust titles due to it needs it not or for exasperation to draw out the ciuill sword in causes which haue some pretence and colour of being spirituall or to get Occasion hereby to vncouer the nakednes and lay open the incommodious and vndefensible sentences and opinions of diuers seuerall Authors in that Church or to maintaine and further a scisme and diuision amongst you in this point of the Popes pretence to temporall iurisdiction I haue no other shelter against
it selfe as farre as one limme thereof the Iacobins do in Paris to whom Philip le longe gaue a Charter for their dwelling in that Citie in these wordes A porta eorum ad portam Inferni inclusiue 32 And how easily and slipperily Princes incurre these censures may be collected by Nauarrus who saies It is the Catholique faith without firm beleefe whereof no man can be saued that no Prince can erect or extinguish a benefice without the Pope and to thinke the contrary saith he doth taste of the English Heresie 33 Scarce any amongst themselues can escape that excommunication Dormant which they call Bullam Caenoe in which Nauarrus reckons vp so many hooks with which it takes hold that euery honest man and good subiect with vs now ought to be affraide least he haue not incurred it since all they are within the danger thereof that adhere to any who hath buâ— offended a Cardinall of whose safety the popes are growne so carefull that in the later Decretals it is made treason euen in a stranger and no subâ—ect If he haue any kind of knowledge or coniectuâ—e of any harme intended to any of them And the Emperour himselfe if he abett or receiue or fauour or countenance any that doth or intends personall harme to a Cardinall becomes a traytor For they are the eldest sonnes of the Church and partake of the Maiesty of their father Nor are they brethren to any of lesse ranke but to such their stile is but vester vti frater as Baronius writes to Schultingius his abbreuiator And though Bishops and the Emperour swear fidelity to the pope yet saies Gigas the Cardinals doe not take that oaâ—h because they are parts of his body and his owne Bowels 34 And nâ—t onely all princes are bound to a reuerend respect of them but in solemne processions the Image of Christ must looke backward if a Cardinall follow and God himselfe in the Host must giue them place for at the Coronation of the pope when they prouide twelue horses for the Pope and one gentle one for the Host the dignity of the place being measured by the nearenesse to the Popes person the Cardinals place is to ride betweene the Host and the Pope And in their mysterious passages vpon Ash-wednesday when the Pope laies the ashes vpon a Cardinall he saies not to him as to all others Memenâ—o homo quia Cinis es but quia puluis es Intimating perchance that they are neuer so burnt to ashes but that the fires of lust or ambition are still aliue in them To which I thinâ—e there was some regard had when it was so wisely prouided that when a Cardinall did celebrate masse there might enter no woman nor man without a beard 35 Nor doth the Pope improuidently in aduancing them with these dignities and priuiledges nor in multiplying their number so directly against the Councell of Basil which limits them to twentie foure except vpon vniting the Greek Church it might be thought fit to add two more and forbids expresly any Nephues of the Popes to be admitted For no excesse in number though they were returned to two hundred and thirty at once as they are said to haue beene in Pontianus his time and though he should pile them vp and throw them downe as fast as those Popes which created sixe and twenty in one day and executed sixe in another could disaduantage that Sea of Rome if they might be prouided out of the states of other Princes as in a great measure they are since the Church is their heyre and they are all but stewards for her Of which the Pope gaue a dangerous instance when he put in his claime for the kingdome of Portugall because the last king was a Cardinall These pâ—inces no secular prince may dare to offend nor subiect adhere to him if he doe vpon danger of that Bull and yet they are made Iudges of the actions of all Princes as Baronius saies and so oppressed with infinit suits against Princes that it may be fitly saâ—d of them which Iob saies Ecce genuit gigantes sub aquis qui habitant cum eis which wordes the Cardinals will not thanke Baronius for applying to them if they consider that Lyra interprets this place of Gyants drowned in the flood and now damn'd and lamenting in hell But now a Cardinall cannot chuse but bee a person of great holinesse and integritie since there is a Decretall in a genâ—rall Councell and a Bull of Leo the tenth which doe not only Hortari and Mouere but Statuere and Ordinare that euery Cardinal shall be of good life 36 And as these censures and Excommunications of the Pope inuolue all causes so doe they all persons except the Pope himselfe and such companie as the Canons haue appointed him in this eâ—emption which are Locusts â—nfidâ—ls and the Diuell For these and the Pope sayes Nauarrus cannot be Excommunicated Yet as in their exorcismes of persons possessed it is familiar to them when the Diuell is stubborne to call him Heretique and Excommunicate so some Popes haue kept him companie in both those titles And as they cal their Hermits Locusts because as it is in Salomon They haue no Kings yet they goe forth by bands and accordingly the Hermits are subiect to no Superiour and in that sense Locusts as their owne Glosser stiles them so may they prodigally extend the name and priuiledge of Ineâ—communicable Locusts to many in the other Orders since as the Hermits haue no kings so many of the others wish that none else had any King and doe their best endâ—uour by auâ—ling them to bring them into contempt and to an nihilate their dignitie and them 37 He that should compare the stile of Thomas Becket to his King Olim seruus nunc in Christo Dominus with that of Dauid after he knew Saule to be reproued by God and himselfe anoynted After whom is the King of Israel come out After a dead Dogge and after a Flea Would suspect that this difference of stâ—le was not from one Author Saint Chrisostome notes that euen to Nabuchonozor who persecuted them for their faith they which were condemned said Notum sit tibi Rex and would not offer to the Tyrant that contumelious name And to prophane and irreligious Princes God himselfe in his Bookes affoords one of his owne names Christ. 38 What high stiles did many Christian and Orthodoxe Emperours assume to themselues The Law stiles the Emperour Sanctissimum Imperatorem And his priuiledges Diuinas Indulgentias So Gratian and his Colleagues in the Empire in the first Law of the Code call their Motus animi Caeleste arbitrium And Theodosius and Valentinian making a Law with a non obstante preclude all dispensations which the Emperours themselues might graunt in these words Si Caeleste proferatur Oraculum aut Diuina
as mischeuous doctrine that the power of excommunication is got by prescription And so saies another great Patron of that greatnesse the Priests obeyed the Kings of Israel but contrarily our Priests doe prescribe ouer the temporall power And Sayr proceedes further and saies that though Panormitane be of opinion That one can prescribe in no more then that which he hath put in practise yet if hee haue so exercised any one act of Iurisdiction as excoÌ„munication is as that he had a will to doe all he prescribes in all And there is no doubt but that when Pius the fift excommunicated he had a good will to Depose also 99 From this also haue proceeded all those enormous deiections of Princes which they cast and deriue vpon al Kings when they speake them of the Emperour for though the later writers are broder with the Emperour and chose rather to exemply in him then in any other Soueraigne Prince vpon this aduantage that they can more easily proue a Supremacy ouer him by reason of the pretended translation of the Empire yet it is a slippery way and conueyance of that power ouer all other Princes since in common intendment and ordinary acceptation no man can be exempt from that to which the Emperour is subiect And of the Emperour they say That not onely he may be guilty of â—reason to the Pope but if a subiect of the Pope offend the Emperour the treason is done to the Pope Yea if it be the Emperours subiect and the iniury done to the Emperour yet this is treason to the Pope So that the Emperour doth but beare his person for in his presence hee must descend and in a Councell his â—eate must be no higher then the Popes footstoole nor any State he hunge ouer his head 100 And from hence also hath growne that Distinction Superstitious on one part Seditious on the other of Mediate and Immediate institution of the two powers for Ecclâ—siastique authority is not so immediate from God that he hath appointed any such certaine Hierarchy which may vpon no occasion suffer any alteration or interuption Nor is secular authority so mediate or dependant vpon men as that it may at any time be extinguished but must euer reside in some forme or other And Bellarmine himselfe confesses That as Aaron was made Priest ouer the Iewes and Peter ouer the Christian Church immediately from God so also some Kings haue beene made so immediately without humane election or any such concurrence So that Regal Digniâ—y hath had as great a dignification in this point from God as Sacerdotall and to neither hath God giuen any necessary obligation of perpetuall enduring in that certaine forme So that that which Bellarmine in another place sayes to be a speciall obseruation wee acknowledge to bee so which is That in the Pope are three things His place his person and the vnion of them the first is onely from Christ the second from those that elect him and the third from Christ by mediation of a humane act And as wee confesse all this in the Pope so hath he no reason to denie it to be also in kings he addes further That the Cardinals are truly said To create the Pope and to be the cause why such a man is Pope and why he hath that power but yet they doe not giue him that power as in generation a father is a cause of the vnion of the body and soule which yet is infused onely from God And in all this we agree with Bellarmine and we adde that all this is common to all supreame secular or Ecclesiastique Magistrates 101 And yet in Hereditary kings there is lesse concurrence or assistance of humane meanes then either in elected kings or in the Pope himselfe for in such secular states as are prouided by election without all controuersie the supreame power in euery vacancy resides in some subiect and inheres in some body which as a Bridge vnites the defunct and the succeeding Prince And how can this be denied to be in the Colledge of Cardinals If as one saies the dominion temporall be then in them and that they in such a vacancy may absolue any whom the Pope might absolue If therefore in all the cases reserued to himselfe as namely in deposing Princes and absoluing subiects he proceed not as he is Pope but as he is spiritual Prince as Bellarmine saies and wee shall haue occasion hereafter to examine If that Colledge may absolue subiects as he might this supreamacy and spirituall Principality resides in them and is transfer'd from them to the Successor 102 Certainely all power is from God And as if a companie of Sauages should consent and concurre to a ciuill maner of liuing Magistracie Superioritie would necessarily and naturally and Diuinely grow out of this consent for Magistracie and Superioritie is so naturall and so immediate from God that Adam was created a Magistrate and he deriu'd Magistracie by generation vpon the eldest Children and as the Schoolemen say if the world had continued in the first Innocency yet there should haue beene Magistracie And into what maner and forme soeuer they had digested and concocted this Magistracie yet the power it-selfe was Immediately from God So also if this Companie thus growen to a Common-wealth should receiue further light and passe through vnderstanding the Law written in all hearts and in the Booke of creatures and by relation of some instructers arriue to a sauing knowledge and Faith in our blessed Sauiours Passion they should also bee a Church and amongst themselues would arise vp lawfull Ministers for Ecclesiastique function though not deriued from any other mother Church though different from all the diuers Hierarchies established in other Churches and in this State both Authorities might bee truely said to bee from God To which purpose Aquinas sayes expressâ—ly and truely That Priesthood that is all Church function before the Law giuen by Moses was as it pleasd men and that by such determination of men it was euer deriued vpon the eldest Sonne And we haue also in the same point Bellarmines voice and confession That in that place of S. Paul to the Ephesians which is thought by many to be so pregnant for the proofe of a certaine Hierarchie The Apostle did not so delineate a certaine and constant Hierarchie but onely reckoned vp those gifts which Christ gaue diuersly for the building vp of the body of the Church 103 To conclude therefore this point of the distinction of Mediate and Immediate Authoritie a Councell of Paris vnder Gregorie the fourth and Lodouicke and Lotharius Emperours which were times and persons obnoxious enough to that Sea hath one expresse Chapter Quod Regnum non ab hominibus sed a Deo detur There it is said Let no King thinke that the Kingdome was preseru'd for him by his Progenitors but he must beleeue that it was giuen him by
Councell to expound Scriptures according to the sense of the Fathers I thinke we ought to adhere to the opinion that she was slaine But if the sense of the Fathers did not stand in my way to confesse the truth I should approue the other opinion because that deliuers so great a person as Iephthe was both from rashnesse and foolishnesse in making the vow and from impietie and cruelty in keeping it 12 This bondage and yoake we need not cast vpon our selues but may lawfully take Chrisostomes libertie since our cause is better then his for hee dis-approued all Oathes Neuer produce to me saies that Father this Saint or this chaste man or this milde man or this Priest for if you tell mee of Peter and Paul or of an Angell from Heauen you shall not thereby terrifie me with the dignitie of the persons 13 The Fathers which must gouerne in these points must not be the Fathers of the Societie but they must be Patres Patrati Fathers which haue Fathers that is whose words are propagated from the Apostles Of which sort of Fathers in my poore reading I neuer found any that consented with the Doctrine of Purgatorie now established 14 In which that which we principally complaine of at this time is that it incites to this false martyrdome Not but that they confesse that there are also some other wayes besides martyrdome to escape Purgatorie else how got Lypsius so soone to heauen for as soone as his Champian Cochelet calls him Lypsius aunswers Wee that are receaued into heauen doe not despise our fellowes And that powerfull Indulgence which though Saint Francis obtained immediately from Christ yet Christ sent him to aske it againe at the Popes hands because sayes Sedulius hee would not derogate from the power which he had deliuered to his Vicar deliuers as many as doe but come to a certaine place from all sinne and danger of Purgatorie All which die in that Order are saued yea All which loue that Order hartily how great a sinner soeuer he be shall haue mercie And yearely on his birthday all which are in purgatory especially of his Order flie vp to heauen And hee himselfe carried aboue 1000. away with him from thence when he went At one Masse at the Commemoration of the Dead a Friar saw soules flie from Purgatorie as thicke as sparks from a furnace and this Masse he celebrated euery day and so did infinite others If then that Friar made a true relation of the state of Purgatorie in his time That of 5000 which died in the world since his comming thether there came but three to that place there is no great vse of heaping so much treasure for that imployment since by these computations neither the Number can bee great nor the stâ—y long 15 And if the authoritie of this Sedulius seeme light yet his booke is dignified with this Approbation That the impudency of Heretiques may bee beat backe with most firme arguments and with most cleare reasons Soto might weigh more who considering the intensnes of the fire of Purgatory thinkes none shall remaine there aboue tenne yeares But for all this Bellarmine saies That by most certaine apparitions it is euident that some soules already there shall remaine there till the day of iudgement And though hee make an impertinent doubt Whether euer any Popes haue graunted Indulgences for many thousand yeares yet in another place he assignes certain reasons why conueniently the Popes may do so because the penitentiall Canons inflict many yeares punishment for diuers sinnes which many men coÌ„mit often euery day But of this the Popes are so libâ—ral though it is impossible they should keepe any iust Audit or account since they neither know what they receiue nor what they lay out that they will put in 1000. yeares more rather theÌ„ remit that six pence which you must paie not for the pardon but for the paper And therefore Martin 5. had a iust and proportionall respect to the nature of this ware when he appointed a yearly Faire and yearely Indulgence both of three moneths continuance to be kept together at Loretta and that the Priests and Merchants should open and shut vp shoppes together 17 But Martyrdome is of much more value then these Indulgences because it is infallible for some incapacity and indisposition in the partie may hinder the working of an Indulgence but Martyredome cannot faile of the effect to worke our deliuerance as appeared by that which we cyted out of Bellarmine in the end of the last part of Merite And therfore that doctrine which teaches such a Purgatory as you speak of incytes to such a Martyrdome as we speake of disapproue 18 Hauing therefore proceeded thus farre That the purest and acceptablest Sacrifice which we can offer to God which is our liues may be corrupted and enuenomed with diâ—tastefull mixtures and that euen in the deuotedst and safest times it fell out not seldome to be so And that our corruption now is more obnoxious and apter to admitte and inuite such poysâ—nous ingredients and temporall respects then in those purer times especially in the Romane Church which misinflames the minde to false Martyredome both by depressing and trampling vppon the dignity of Princes and maintayning euery litigious clause of Ecclesiastique immunity with our blood And also by extolling our owne Merites and encouraging vs thereby to trafique though with losse of our life for the benefit and aduancement of the treasury of that Church And lastly by the certaineâ—y seuerenesse and length of Purgatory which are infallibly hereby auoided the next thing which I present to your discourse and consideration is That the Iesuites more then any other Order claim to themselues a greater forwardnesse and alacrity to this and are therefore busier and apter to prouoke seuere lawes against themselues and to incurre the dangers thereof CHAP. IIII. That in the Romane Church the Iesuites exceed all others in their Constitutions and practise in all those points which beget or cherish this corrupt desire of false-Martyrdome TIll the Iesuites haue a Pope of their owne it will be I hope no Heresie to doubt or call in question their sanctity they may be content yet to affoord vs since our cause is safer the same excuse which is allowed for Origen Chrysostome Hierome and Cassianus euen for maintaining a lawfulnesse in lying That the Church had not then determined the contrary They may fauour our weakenesse with the same helpe which they apply to a Pope himselfe That it was then lawfull without danger of Heresie for him to beleeue in earnest that our soules should not see God till the resurrection because there was no Definition oâ— the Church in that point Their Charity may relieue vs with the same Indulgence which they affoord to Senensis who reiects some part of the Canonicall Scripture after the determination of the Trent Councel Because he did
not reach and attaine to the force of that Canon saies Gretzer who allowes him all these escapes That he did it either by negligence inconsideration a fore conceiu'd perswasion or some other cause which is large enough 2 But if euer a Iesuite come to be the Church that is the Pope we shall sooâ—e be precluded by the Churches Definitions And as now to doubt whether the Pope without a Councell may teach an Heresie is Haeresi proximum and so is Semi-haereticum when a Iesuite is Pope it will be Hyper-haereticum and Sesqui-haereticum for we haue beene already taught that something may be more thenheresie when by a new Decretall of Paul the fourth they say That any great person falling into Heresie or Schisme shall for the first offence be esteemed relapsed and be in the same desperate state as if he had formerly iuridically abiurd the same heresie At least when a Iesuite comes to that Throne as in this last volume of the Canon law we haue a new title presented De Cardinalibus which was in none of the rest where they are call'd The principall members of the Church constituted by the holy Ghost And the most noble part of the Popes body And the clearest lights and most speciall children of the Church where to take any thing from them is called Sacrilege and to fauour any which hath dis-fauoured them or hurt them is made Treaâ—on so without doubt the Iesuites will be as indulgent to their owne Order and we shall haue at the next croppe when there is a new Haruest of ripe Decretals a title De patribus Societatis Iesu. 3 As at their first institution they were thus neere the Papacy that the Order of the Theatines of which Paulus fourth who was at that time Pope was either the authour or a principall man desired to be vnited to them by which meanes they might haue compassed the Papacy in thâ—ir Cradle so haue they of late made suspicious approaches thereunto by admitting Cardinal shippes and other Dignities 4 Those of theiâ— Order who heretofore refused offers of that Dignity as you say Laynez did â—rom Paulus the fourth and Borgia from Iulius the third did it Constantissime and I beleeeue with such constancy in resistance Tolet and Bellarmine might haue preuailed Hee which giues rules for the institution of Monkes forbiddes not onely Bishoppâ—ickes but all acquaintance with Bishoppes By all meanes saith hee let a Monke auoide women and Bishops because both hinder Diuine Contemplation which Rule when Iesuiâ—es broke and came to liue in secular and Ecclesiasticall Courts they shewed that they were not stubborne and inexorable against these preferments 5 And if euer they attaine the Papacy they haue already laide good foundations for the entailing thereof vpon their owne Family by Azorius his disputation what the authority of the Pope is in designing a Successor for he deliuers it as the common opinion that the forme of electing the Pope being founded vpon the Canons it may at his pleasure be changed So that the Pope may establish the Prouincials of the Iesuites to be the Electors And then descending to another question whether the Pope himselfe may designe his Successor hee saies that the Canons against it cannot preiudice him because he is aboue them and that it is not forbid Iure Diuino and that for matter of fact he beleeues S. Peter did chuse Clement but least the Popes should haue nothing to auert them from this course before any Iesuite were Pope and so worke an exclusion he saies It is not lawfâ—ll Iure Naturae that is saies he because natural reason informes that it were inconuenient for the Church And but for that inconuenience he saies they might cast lots for the papacy But this inconuenience depends vpon such reasons and circumstances as are alterable and when they cease this law of nature ceases too 6 And though Laynez in the vacancy after Paulus the fourth is said by you to haue had twelue of the best voyces for the Papacy though he were out of the Colledge of Cardinals And in one Conclaue Bellarmine also is said to haue had some yet if any Iesuite had voices enow would his Supeâ—iour allow him the Religion of his vow by which he ought to refuse it or his naturall liberty by which any man that is chosen Pope may if he will refuse it 7 If it were once come to that as you are content yet â—o seeme as modest as the Carthusian who saies that he beleeues it to be a singular blessing of God that no Carthusian hath beene Pope you would make good hast to reckon with the forwardest Orders how many Popes you had had And quickly in these accounts ouergoe the Franciscans themselues who reckon of their Order not onely Popes and Martyres and such poâ—sible things but are so precipitate and transported with this fury that they reckon how many of the Apostles Prophets and Patriarches they haue had of their Order So as I thought whilst I reade it they would neuer haue stopped till they had tolde vs how many Adams and Eues had beene of their Order and how many Iesus Christs besides S. Francis For I vnderstand not by what other figure they vse this anticipation and call these auncients Franciscans then that by which Serarius the Iesuit saies Herod was a great Machiauellian and Gregorie de Valentia that Plato might learne the doctrine of Purgatory out of the booke of the Machabees which was written after his deâ—th 8 But besides that the Iesuites decay in the hearts of Princes which Philip the second of Spaine testified well because though he had great vse of their seruice hee neuer did any thing for them this also makes me doubt that they will neuer haue Pope because it is already reueil'd by Christ to S. Francis that Antichrist shall come out of the family of the Franciscans 9 This also encreases my suspicion that they could neuer compasse that which is much lesse then a Pope which is a Saint in their family For the Authority of the Pope is greater then of a Saint sayes Cassanaeus And in his Indulgences he doth as familiarly command Angels as the yonger Prentizes the Exorcists do deuils To whom they vse this language when any spirit possesses a body I command Lucifer and all the Furies in hell to precipitate you into hell fire presently indispensably and â—ternally till the day of iudgement And I forbid the Ayre to haue any power to receiue you 10 And though Tortus say That the time of the Canonizing of the founder of that Order is not yet pass'd and therefore hee may bee Canonized in good time which is a poore comfort since I neuer found any such limitation nor that a Saint apparant as Ignatius is may be superannated and grow too old to bee Canoniz'd yet since those two great Princes
stale and obsolete names of positiue Diuinity or Controuerted or Schoole Diuinitie and haue reduced all to Crowne Diuinity 42 And yet they account the handling of these points to bee but a dull and obuious learning in their Colledges as though any man were able to resolue questions against Princesâ— for they haue a Rule that they which are vnapt for greater studies shall study cases of conscience 43 So also of the Immunitie of the Church out of which if it be denied to be by the Indulgence of the Prince issues and results presently the dimunition of the Prince they haue written abundantly and desperately So haue they of the Institution of a Prince of which one of them writing and presuming and taking it as vulgarlie knowne that it is lawfull in some cases to kill a King is carefull to prouide least when you goe about to kill him by putting poyson in his meat or drink you make him though ignorantly kill himselfe So haue they also of Militarie institution many Authors and of as many sciences as concurre to publique affaires 44 And with such bookes as these they allure and catch ambitious wits which hauing had a lower and darker breeding in schooles and vniuersities haue some hunger of reading state learning in any forme much more where they shall finde it more freely debated vpon then if they had had place at twentie Councell Tables or Conspiracies And as Auerroes is saide to haue killed Auicen by anointing the booke which hee knew the other would read with certaine poison and as it is said that whatâ—oeuer flew ouer the Iewes Targum whilst the authour thereof was compiling it was scorched with the beames therof so doe these bookes of theirs enuenome and catch hold of all such as bring in themselues anie desire to come within too neere a distance of them 45 And of all these kindes of bookes without doubt we should haue had many more but that as the gatherer of all the writers of the Carthâ—sian Order not daring to slippe and leaue out the present Generall Bruno and finding no books of his making saies That since he hath an excellent wit and singular learning â—e could write many bookes if he had leisure and in the meane time hee tooke care that the missall should be printed in a faire character and delicate paper So the Iesuites since â—hey haue a vow to binde them to it and a naâ—urall disposition to incline them could wriâ—e more bookeâ— to this purpose but that they are continually exercised in disposing actuall plots And yet in the meane time they take care that the Popes Breues be procur'd promulged conceal'd interpreted or burnt as the cause may be most benefited and aduanced 46 And I do not remember that I haue found in the Approbation of any Iesuits booke this clause which is so ordinary in most of the workes of other men Nihil fidei contrarium aut bonis Moribus aut Principibus And yet they say that in printing their bookes there is great caution and diligence vsed and that they passe the hands of men most intelligent and of mature iudgement but as it seems by this remarqueable omission no good subiects nor fauourers of Princes 47 If they doe thus much when they are Serui papae what will they doe when they are famuli which diffrence I learned out of the Missal where a Bishoppe must pray vnd cum me indigno Seruo tuo but the Pope Famulo For he may well be said to be in Ordinary with God since he is one Ordinary with him for so saies Aluares God and the Pope haue one Consistorie and in another place All cases reserued to God are reserued to his Vicar so that by that Rule what euer God can do in disposing the matters of this world the Pope also can do for there he saies out of Hostiensis that that direction Dic Ecclesiae if the Pope sinne who cannot be complain'd of is ment Dic Deo vt conuertateum aut Dic Ecclesiae Triumphanti vt oret pro eo 48 So when Bellarmine who had done sufficiently for the Pope whilst he was but a Seruant that is an Ordinarie Iesuite came to his familiarity and housholde seruice by being a Cardinall in the Consistorie and so grew more sensible of the Papacy being now himselfe as they speake Papabilis he takes al new occasions to extoll his Master and his Throne and Sea And hauing manie yeares neglected his owne defence and answered such great men as opposed him onely with such Proctors as Gretzer and Eudaemo-Ioannes vnprouoked he rises vp in the Venetian and in the English cause to establish by new bookes the new Article of Temporall authority in the Pope And since that as Aeneas Syluius retracted all which he had written before for the Basil Councell when he came to be Pope so Bellarmine when perchance hee would be Pope hath made a new â—uruay and Recognition of all his workes in which as though he had beene too moderate before in al those places which concerne this question he hath expressed a supple and variable conscience a deiect slauerie to that Sea and a venemous malignity against Princes of which it seemes to me expedient to present a few examples 49 I allow not now saies Bellarmine that which I said before That Infidell Princes may not be depriued by the Church of that Iurisdiction which they haue ouer Christians for though Durandus doe probably teach so against Saint Thomas and I then followed his opinion yet now the authority of S. Thomas preuailes more with me Yet he had seene and considered both their reasons before 50 In another place he saies Now I allow not that which I said before that Paul appealed to Caesar as to his Iudge And after Whereas I said that Popes vsed to be chosen by Emperours the word Emperour potest forte debet deleri For saies he I followed Gratians Canons which as I learned since are not approued â— And againe when I said That the Pope was subiect to the Emperour as to his temporall Lord I meant De facto not De iure and this course he holdes in that booke of Recognitions 51 And here we may conuenâ—ently concludâ— this Chapter of the Iesuites speciall aduancing all those doctrines which incite to this Martyrdome after we haue produced some of their owne testimonies of their inordinate hunger thereunto and of the causes for which they affect it 52 One of their spirituall Constitutions is That euery one of that Order must thinke that Christ spoke to him when he said he that doth not hate his owne life c. And so they make an obligatorie precept to binde at all times of that which vvas but a direction for our preparation and readinesse to suffer for his saâ—e 53 Ribadeneyra names two Iesuites in the â—nâ—dies which being sicke in bedde when they might haue escaped came forth halfe naked
place Hoc in aeternum nunquam fiet that all Laymen will come vnder them they haue prouided that all Clergie men which be vnder them shall be safe enough as welll by way of Counsell for so Mariana modefies his Doctrine that the Prince should not execute any Clergy man though hee deserue it as by positiue way of Aphorismes as Emanuel Sâ doth That they are not subiects nor can doe treason and by way of Fact and publique troubling the peace of al Christendome as appeared by their late attempt vppon Venice for this Exemption 30 And as the immensnesse of this power auerts me from beleeuing it to bee iust so doeth this also decline me that they will not bee brought to tell vs How he hath it nor How hee got it For as yet they doe but stammer and the Word stickes in their iawes and wee know not whether when it comes it wil be Directly or Indirectly And they are as yet but surueying their Euidence they haue ioyn'd no issue nor know we whether they will pleade Diuine Law that is places of Scripture or Sub diuine Law which is interpretation of Fathers or super diuine law which is Decretals of Popes But Kings insist confidently and openly and constantly vpon the law of Nature and of nations of God by all which they are appointed what to do and enabled to do it 31 Lastly this infames and makes this Iurisdiction suspicious to me to obserue what vse in their Doctrine and Practise they make of this power For when they haue proceeded to the execution of this Temporall power it hath beene either for their owne reall and direct profit and aduantage as in their proceeding with the Easterne Emperours And drawing the French Armies into Italy and promouing and strengthning the change of the family and race of the Kings in France or else the benefit hath come to them by whose aduancement that Church growes and encreases as in the disposing of the Kingdome of Nauarre Or at least the example and terrour thereof magnifies the dignitie and reputation of that Church and facilitates her other enterprises for a good time after as a Shippe that hath made good way before a strong winde and vnder a full Sayle will runne a great while of her selfe after shee hath stricken saile 32 VVhen any of these reasons inuite them how small causes are sufficient to awake and call vp this temporall Authoritie The cause why Childerique was deposed was not sayes the Canon for his Iniquities but because he was Inutilis And this was not sayes the Glosse because hee was Insufficient for then hee should haue an assistant and coadiutor but because hee was Effeminate So that the Pope may depose vpon lesse cause then hee can giue an assistant For to bee Insuficient for the Gouernement is more directly against the office of a King then to bee subiect to an infirmitie which concernes his humanitie not his office 33 And when the officers and Commissioners of the Romane Court come to Syndicate Kings they haue already declar'd what they will call Enormities and Excesses by inuoluing almost all faults whether by Committing or Omitting in generall words As When he doeth not that for which he is instituted when he vseth his prerogatiue without iust cause when he vexes his Subiects when he permits Priests to kisse his hands when he proceeds indiscreetly and without iust reason And lastly For any such hunting as they will call intemperate To which purpose they cite against Kings generally those Canons which limit certaine men and times and maners And which as the Glosse sayes of some of them are meant De venatione arenaria When men out of vaine-glorie or for gaine fought in the Theaters with wild beasts And least any small errour in a King might escape them they make account that they haue enwrapp'd and pack'd vp all in this That it is all one whether a King bee a Tyrant or a Foole or Sacrilegious or Excommunicate or an Hereticke 34 This obedience therfore which we neither find written in the tables of our Hearts nor in the Scriptures nor in any other such Record as either our aduersary wil be tried by or can bind vs must not destroy nor shake that obedience which is Naturall and Certaine Cyril hath made this sentence his owne by saying it with such allowance It is wisely said That hee is an impious man which sayes to the King thou dost vniustly Much more may wee say it of any that affirmes a King to bee naturally impotent to doe those things for which he is instituted as he is if he cannot preserue his Subiects in Peace and Religion which the Heathen kings could doe whose Subiects had a Religion and Ministers thereof who wrought vpon men to incline them to Morall goodnesse here and to the expectation of future blessednesse after death though not by so cleare nor so direct waies as Christian Religion doth 35 The king therefore defends the Liberties of the Church as the nature of his office which he hath acknowledged and Declar'd and seal'd to his Subiects by an Oath binds him to do if he defend the Church of England from foraine vsurpation And a most learned and equall man hath obserued well That sidesâ— And since a Iesuite hath affoorded vs this confession That the Prince hath this Authoritie ouer Bishops that hee may call them as Peeres of â—is Realme And since their Clementines or the Glosser yeeldes to vs That a Church Prelate may bee a Traytor because hee holdes some temporalities how can they escape from being â—ubiect in all other cases since their naturall and nâ—tiue obedience is of a stronger obligation then the accepting or possessing of these Temporalities for if â—ure Diuino the Character of Order did obliterate and wash out the Character of ciuill Obedience and subiection the conferring of any temporall dignity or possession could not restore it for vnder color of a benefit it should endammage and diminish them when a little Temporall honour or profit shall draw their spirituall estate and person to secular â—uâ—iâ—dâ—ction â—or as Azorius will proue to vs the king may call a Bishoppe as a Baron to the Parliament and as the Canonist will prooue to vs he may call him to the Barre as a Traytor 36 To recollect therefore now and to determine end this point the title which the Prince hath to vs by Generation and which the Church hath by Regeneration is all one now For we aâ—e not onely Subiects to a Prinâ—e but Christian Subiects to a Christian Prince and members as well of the Church as of the Common-wealth in which the Church is And as by being borne in his Dominions and of parents in his alleageance we haue by birth-right interest in his lawes and protection So by the Couenant of Almighty God to the faithful and their Seede by being born of Christian Parents we haue title to
obliges them then as no Sea can wall any kingdome against their entrance So no watchfulnesse can arme any brest against their violence since the increasing of that Monarchie which they must aduance growes from the decay of others 45 But I forbeare Exasperation and will here ende this Chapter by which I hope it appeares that no latter band of Obedience can slacken this first which was borne with vs. For though amongst Lawyers To commit my selfe or my cause Liberae voluntati hominis or to bee vsed by him Prout voluerit amount veâ—y farre and create a large power in him yet thâ—y conclude That In nullo arbitrio How large so euer any thing is included which was formerly prohibited And of these three Obediences which we haue handled though all the three essentiall properâ—ies oâ— all Oathes and Vowes be wanting in them all yet the blinde obedience to your spirituall Superiour doth especially want discretion and the implicite Obedience imagin'd to bee vowed to the Church in Baptisme doeth lacke Trueth and that seditious and seruile Obedience vowed by the Iesuites to your Popes wil doeth want Iustice. CHAP. VII That if the meere execution of the function of Priests in this Kingdome and of giuing to the Catholickes in this Land spirituall sustentation did assure their consciences that to die for that were Martyrdome yet the refusall of the Oath of Alleageance doeth corrupt and vitiate the integritie of the whole Act and dispoyle them of their former Interest and Title to Martyrdome WE speake of Martyrdome now in the proper and restrain'd sense and acceptation that is of Consummate Martyrdome and so as Aquinas takes it when he sayes Mors est de ratione Martyrij I know the Primitiue Church denied it not to them whom the latâ—er Church hath call'd Confessors So Ignatius writes himselfe Martyr and so doeth Saint Paul say that hee dies daily And sometimes when the Church enioyed her ease and was pamper'd with securitie and rest to excite men to a publicke confession of their Faith if there arose any case wherein it was needfull the Ministers of that Church which was euer apter and forwardeâ— to suffer Martyrdome when any long persecution had accustom'd her to the expectation and patience and glorie thereof then in the times of dull abundance and tranquilitie would affoord the Title of Martyrs to any persons who suffred any persecution for the testimonie of Christ though they died not As the Church celebrates the Martyrdome of Pope Marcellus vvho died in Prison So also sometimes their indulgence alovved that Name for some abstinencies and forbearings if they conduced to the depressing of Idolatrie For so Saint Chrisostome sayes If thou refuse to be cured by Magique and die of that sickenes thou art a Martyr 2 Deuotion is apt to ouerualew other mens actions And Bellarmine confesses out of Sulpitius That the people did long time deuoutely celebrate one for a Martyr who after appear'd and told them that he was damn'd So also were those men inclin'd whom Alexander the third reprehendes For giuing the honour of a Martyr to one that died drunke So doeth another Iesuite prooue Hyrcanus to bee an Hereticke whom Albertus Magnus hath put into his Litany and so drawne into continuall Inuocation euer since And when Gregory the thirteenth made Commissioners to suruay the Martyrologe they found the Histories of Pope Felix the second so various and repugnant that they were determined to expunge his name but that opportunely there was a Marble Coffin found with such an Inscription as alterd them and relieued the Popes fame And one principall inducement to the Pope to come to these solemne Canonizations is because before the people did often mistake 3 And this medicine as it was very late applied for Bellarmine cannot finde that the Popes canonizd any in eight hundred yeares after Christ So neither hath it nor can it naturally extinguish the disease The most that it can worke is an Assurance that they which are publiquely canonized are true Saints for Bellarmine saies That it is the opinion of Heretiques that the Pope can erre in such Canonizations and yet to proue it he argues but thus If we beleeue that there was such a man as Caesar why should we not beleeue that which God testifies by miracles But how shall wee beleeue that these miracles are from God or that he doth them in testimony of that mans sanctity For that miracles are done is not enough to constitute a Saint for wicked men may doe them say your Authors And in this case they can proceede no farther then to an Historicall beleefe that Miracles are done And I had thought that Bellarmine had required a better faith at our hâ—nds then Historicall and such as assures vs that Caesar was to ground Inuocation of Saints and to constitute an Heresie 4 And though not in Bellarmine yet in the Pope himselfe there appeare some scruples of diffidence and frailty and fallibility in this acte of Canonizing because after all his seuerall Inquisitions and searches which depend vpon matter of Fact and after his diuers iteration of prayers That hee may not erre and That hee may not be permitted to erre hee makes at last a publique protestation That he intends not by that act to do any thing against Faith 5 But if this can be certaine That those and none but those which are so Canonized may be publiquely Honoured as Saints yet that disease of which we spoke before is not cured hereby For it is still lawfull priuately to worshippe any of whose sanctity I haue an opinion Nor is this priuate worship so priuate in Bellarmines account that it may not bee exhibited before others but onely so priuate as it may not be done In the name of the Church and as though it were instituted by the Church So that whole Multitudes and Congregations may erre still and this by the authority of the Canon it selfe For thus Bellarmine reasons with more detortion and weakenesse then becomes the cause or his grauity In the two Canons saies he Audiuimus and Cum ex eo the Pope forbiddes publique worshippe and therefore a Contrario permits priuate If then that worshippe which in those two Canons he forbiddes to be publiquely exhibited may priuately be giuen and this priuatenesse exclude not whole Congregations then whole Congregations may lawfully worshippe as a Saint a man slaine in drunkennesse which is the case of the first Canon and lawfully worshippe venall and vncertaine Reliques which is in the second Canon since the forbidding of this in publique hath permitted it in this large and open priuate by Bellarminesâ—ashion â—ashion of arguing who saies also â—or this That the Doctors doe commonly affirme it 6 And whatsoeuer is said heere of Saints holdes as well in Martyres for with the same faith that I beleeue a man to be a martyre I beleeue
him vpon doing of any act which depended vpon his owne will he were guiltie of his death if hee refused it he is so also in this case since he can propose to himselfe no such restraint as binds his wil For scruples and things in Opinion and Disputation do not binde in this câ—se Of which we shall haue proper occasion to speake in the next Chapter 26 Let vs then proceede further to that which giues the forme and measure and merit euen to Martyrdome it-selfe which is Charitie And this is not meant onely of Charitie as it is a Theologall vertue and vnites vs in an earnest loue to God which is Charitas patriae but also as from that fountaine is deriued vpon all his creatures which is Charitas viae For so Saint Iohn sayes of this charitable act of which wee speake Greater loue then this no man hath when hee bestoweth his life for his friend Which also appeares out of that History recorded of Nicephorus who being brought to the place where he was to receiue the Crowne of Martyrdome and seeing Sapriâ—ius betweene whome and him there had before some bitternesses and enmitie broke foorth fall downe before him and begge a Pardon and reconcilement was so much elated with this glory of Martyrdom that vncharitably he disdain'd to admit any reconciliation In punishment of which vncharitablenesse he lost his whole hope and victorie For the spirit of God forsooke him and he Apostated from his Faith So that Charitie is iustly esteem'd the forme of Martyrdome 27 And is there any Charitie in this Doctrine or in this act of Refusall Is there any to your self For at least in spiritualibus Charitie begins at home when at once you diuorce that body which your Parents prepar'd from that Soule which God infused and married to it and so leaâ—e not onely to be men and to be Subiects but to be Priests and benefactors to that cause which you hinder by this pretence of louing it How much opportunitie of Merit euen in aduancing the Catholique cause which to you is so certaine doe you loose by exposing your selfe to certaine ruine vpon vncertaine foundations Is there any charitie to the Church or partie or faction which you haue in this Kingdom towards whom the King brought with him so much tendernesse that hee cast in a dead sleepe all bloudy lawes and in a slumber all pecuniarie lawes which might offend aggrieue them Is it charitably done towards them that by your vnnecessarie act their peace be interrupted his Maiesties sweetnesse distasted his softnesse indured and those faire impressions which hee had admitted That ciuill obedâ—ence might consist with your Religion defaced and obliterated And that to all these should succeede iealousies in him imputations vpon them and dutifull solicitations from his Parliament Coâ—nsaile and Subiects of all rankes to awaken his lawes against these suspitious men 28 Was it charitably done of that Priest who apprehending a generall inclination of taking the Oath aduanced it so farre as to make a Declaration that it was lawfull and neuer reâ—ractâ—ng that opinion yet would die in the â—efusall theâ—eof because it seemed not expedient to him to take it then and so to cast snares and tortures vpon theiâ— consciences who were before in possessioÌ„ of a peaceable by his own testimony a iust â—esoluâ—ion 29 When S. Paul vses that phrase he expounds the word Expedient by Profitable and by Edifying And hath the example of his death profited and edified that Church as much as the perplexities certainely growne in Catholique consciences thereby and those exasperations and bitternesses occasioned by all probabilitie in the state by that peruerse and peeuish behauiour may shake and tempest it 30 I doe not thinke that they would haue denied him to haue beene a Martyr if he had beene executed vpon the Statute against Priests though he had before taken the oath If therefore the taking of the oath cannot vitiate and annull martyrdome the â—efusing it cannot constâ—tute martyrdome 31 And if you will make the difference onâ—ly by reason of the Popes Breue which perchance came betweene his first resolution and his last then you reduce your Martyrdome to a more slipperie and more dangerous â—istresse then before For as before you quitted all your benefite and interest to martyrdome for hauing exercised Priestly functions and proclaâ—med and solaced your selfe wiâ—h this that you dyed for refusing the oath so now you waâ—ne â—hat and sticke to a worse title which is obedience to an â—ncertaine and suspicious Breue For for your first tiâ—le which is preaching of the Catholique faith you haue the intire and vnamine consent and concurrence of the whole Christian Church which alwaies confesses that the profession of the Catholique faith is a true and iust cause of Martyrdome though she doe not confesse that that which you teach is that Catholâ—que Faith but for that Title you had also the consonance and agreement of all the Romane Church And for your second claim which is the defence of the Popes temporall Iurisdiction by refusing this oath you had some voices of great authority in that Church to encourage you though farr too weak either to blot out a naturall truth or to make an indifferent or perplex'd point so necessary to you as to dy for it But for this third title to martyrdome which arises froÌ„ obedience to the Breues which are matters of fact subiect to a thousand infiâ—mities nullities who euer iustly grounded a necessity of dying vpon theÌ„ or added the comfort of martyrdome to such a precipitatioÌ„ 32 Thus dooth Aquinas argue against a farre better Title to martyrdome then this is Though virginity be more pretious then life yet if a virgine shold be condemned to be deflowred Occasione fidei Christianae because she was a Christian though all those conditions which we noted in our Sauiors prohibition and instruction concurred in her case That she were no busie body in prouoking That she were persecuted and that vniustly And with relation and despite to Châ—ist and so she suffered aâ— a Christian yet saies he this were no Martyrdome Yet he assignes not the reason to be because she died not but because Martyrdome is a testimony by which it is made euident to all that the Martyres loue Christian faith aboue all things and it cannot appeare by this act of hers whether she suffer this for the loue of Christian faith or for contempt of chastitie But in this acte of dying for obedience to the Breues there is by many degrees lesse manifestation that they die for Christian Faith which is not in question and there appeare euident impressions of humane respects which would vitiate a better title to martyrdome and of such vnnatural dereliction of themselues as I doe not see how they could escape being selfe-murderers but that their other â—reasons and condemnations for them make their executions iust 33 And besides that Bellarmine makes
in the Epistle to the Hebrewes and manie which are mentioned in that Epistle are left out by him not onely Enoch Noe and sâ—ch other as suffered not death in their bodâ—es as Martyrs but euen Abel whom he might haue beene bolde to call a Martyrâ— to omit him I say why doth our Countryman amongst you which hath lately coÌ„piled an English Martyrologe present a Calenderâ— in which of almost 500 whom he names scarse 6â— are Martyrs and of the rest some were not of our Nation as Constantine the Emperour whose feâ—stiuall hee appoints â—1 of May And some neuer saw this Country as Pope Gregory whom hee celebrates 25 December And of those which did suffer death the credit and estimation of as many as died within 200 yeares of Gregory the I. is much impaired by one to whom I thinke hee will subscribe who sayes That in that 200 yeares our Nation had no Martyrs that coÌ„monly are knowne And those whom hee reckons must of necessitie be knowne to them whom that knowledge concernes as it did Parsons when hee writ that booke since the knowledge thereof was so obuious easie that this Author professes that all their Histories are in Authors approued or permitted by the Sâ—a Apostolique that he cites no Apocryphall legend nor fabulous Historie that may be suspected of the least Note of falsitie or errour whatsoeuer But he which shall suruay his Catalogue of Authors will finde it safer not to beleeue him then to bee bound by him to beleeue all them to be free from the least note of falsitie of error For we shall be somwhat hard to beleeue this extreme innocence and inteâ—gritie in Surius and in Saunders or in Cornelius Tacitus And many of his owne profession will hardly beleeue that Gregory and Bede were free from all falsitie or error And himselfe I beleeue would not stand to this if we should presse him with some places out of Parsiensis and Westmonasteriensis and Walsingham and Polidore Virgil all which haue beene tried in the furnace oâ— this Diuine Critique are pronounced by him free from the least note of falsitie or errour whatsoeuer But if these Authors were knowne to Parsons and that hee pronounced truely that that 200 yeares was without Martyrs then not onely the Abbesse of Elies hearâ—sman S. Alnoâ—h slaâ—ne abouâ— 670 in hatred of Christian Religion and celebâ—ated 27 Febru but the first Christian King of the Northumbers S. Edwyn slaine alâ—o in hatred of our Religion Anno 634. and obserued 4. Octob. with diuers other after that time must be expunged out of this new Martyrologe So also must that Author confesse himselfe to haue been too forward in canonizing S. Hugh for a Martyr whom at 10 yeares of age the Iewes crucified at Lincolne Anno 1255. since Parsons had told him before that after Becket which was An. 1171. our Church had no more Martyrs in 400 yeares 39 But for all this it is not your errour and vicious example which shall excuse vs if at any time wee haue inserted such as Martyrs which were not precisely so For if we haue committed any such slip in storie and matter of fact there is not that danger in our transgression which is in you because you by giuing them that title assure the woâ—ld of a certaine and infallible present saluation by vertue of that suffering and that they haue title thereby to our Adoration and are in present possession of the office of Aduocation for vs. Out of which confidence I haue seene at some Executions of Trayterous Priests some bystanders leâ—uing all old Saints pray to him whose body lay there dead as if hee had more respect and better accesse in heauen because he was a stranger then those which were familiar had CHAP. VIII That there hath beene as yet no fundamentall and safe ground giuen vpon which those which haue the faculties to heare Confessions should informe their owne Consciences or instruct their penitents That they are bound to aduenture the heauie and Capitall penalties of this Lawe for refusall of this Oath And that if any Man haue receiued a scruple against this Oath which he cannot depose and cast off the Rules of their own Casuists as this case stands incline and warrant them to the taking thereof SInce by refusall of this Oath which his Maiestâ—e hath rather made an Indulgence then a Vexation by withdrawing some clauses of bitternesse and of strict inquisition into the whole Catholicke partie which the â—resh contemplation of the Powder-Treason had iustly vrged the Lower-house of Parliament to insert therein And studying to find a way by which he might discharge both dueties to God and his Kingdome would in his Princely and Pastorallâ— care prouide a triall by which those which were corrupted with the poyson which broke out in those Treasons might be distinguish'd from Catholickes of better temper and more dueâ—ifull affections towardes him and our Peace from which sort of Catholickes after so many prouocations by persons of the same perswasion in Religion he seem'd loth to withdraw those fauours and graces which he had euer since his comming expressed towards them Since I say by refusall thereof both the Catholickes lay a heauie scandal and dangerous aspersions vpon the cause and declare themselues more slauish to the Pope and consequently apter to defection from the Prince then the Subiects of forraine States now are or the Subiects of this Kingdome were heretofore And also his Maiestie and all those which affect his safetie which not only inuolues but procures and causes theirs may iustly encline at last to thinke that the very ground and principles of that Religion nourish these rebellious humours and so finde it necessarie for preseruation of the whole bodie to apply Medicines more corrosiue and sharpe to that member which appeares so corrupt and dangerous And euerie Catholique in particular to whom this Oath is offered by reâ—usall â—orfaits his libertie by perâ—inacie therein incurres other mulcts and penalties It is therefore the dutie of euerie Catholique out of his religious zeale to the cause drawne into suspition thereby and out of his Naturall obligation for preseruing his life fame and fortune all which are endangered by this refusall not to aduenture the losse of thâ—se but vpon Euidence of much clearenesse and grounds of strong assurednâ—sse and constancie 2 And as it is certaine that at the first promulging of this oath they had no such ground nor Euidence for then that light must haue beene vpon them all and so many good and earnest maintainâ—rs of that Religion would not haue enclined to the Oath if they had had such Euidence against it so also after some scruples were iniected and the tendernesse of some consciences vitiated and distracted with some doubts and that it had beene submitted to Disputation and consulting amongst themselues and so passed all those furnaces of Examination it was held lawfull and accordingly many tooke it So that neither by the
growne wiser there must be no longer striuing for both swords 7 For those notorious impediments which the Pope obiects in this letter against Philip if they were such as made him incapable of Election then there was a Nullity in the choise and the Pope did nothing but declare that which may ofâ—en fall out in states which elect their Princes because there are many limitations but in Successorie princes it cannot hold but if these were not such impediments by the lawes which gouerned the Electors they became not such by this Declaration For one of them which is manifest periurie the pope himselfe was some cause of his continuing therein For the oath was made to his brother in the behalfe of his young Nephew who should haue beene Emperour And now the Pope had not onely disabled him but all the other Princes from keeping that oath by electing or confirming another Emperour 8 But if all which the Pope sayes in that letter shall not onely bee strong enough to binde the Election but to binde the consciences of posterity as matter of faith his last reason against Philips election must haue equall strength with the rest which would bee of dangerous consequence for it is That if after his Father had beene Emperour and his Brother he also should succeede the Empire would passe from Election to succession and none should be assumed but of one house Either then it is matter of faith that three of one family may not succeed in an Electiue state or as this is so all the rest are but arguments of inconueniencie vnfitnes 9 And this absoluing this Duke to whom he writes of his Oath is but of an Oath made Ratione Regni to him who neuer had the Kingdome and therefore that power of absoluing cannot by this Decretall be extended to such Oathes which are acknowledged to haue beene iust when they were made as being made to lawfull and indubitable Princes And certainly for though you dare not heare yet wee dare speake trueth the whole purpose in that act of the Pope was corrupt and farre from intention of making peace Of whose profit by reason of that dissention one of your owne Abbats sayes That there was scarse any Bishoprick or Parish Church which was not litigious and the Suite brought to Rome Sed non vacua Manu And so he proceedes Gaude Mater nostra Roma because all flowes to thee aperiuntur Cataractae the saurorum Reioyce for the iniquitie of the Sonnes of men Iocundare de Adiutrice tua Discordia Thou hast now that which thou didst alwaies thirst Sing thy song because thou hast ouercome the world not by thy Religion but the wickednesse of men for men are not drawne to thee by their owne Deuotion or by a pure Conscience but by the doing of manifolde wickednesses and by buying the Decision of their Suites and Causes 10 The second Canon vsually produced and noted by Albericus as I said to be against Iustice issued vpon this occasion When Otho whom the former Pope had established against Philip became vnthankfull to the Pope hee also was excommunicate and Frederick the Sonne of the first Frederick to whom the Princes had sworne in his Cradle was elected and crowned with whom also bâ—câ—use hee would not goe into the holy land and expose the Kingdome of Sicily to their Ambition the Popes fell out and excommunicated him thrice And when a generall Councell was gathered by Innocent the fourth for the reliefe of the holy land the Pope himselfe proposed Articles against the Emperour Whose Aduocate Thaddaeus promised all which might conduce to peace and Reformation on his Maisters behalfe This satisfied not the Pope but he asked for Sureties and when the Kings of England and France were offered the pope refused them vpon pretence that if the Emperor should remaine incorrigible the Church should by this means raise more heauy enemies to it selfe Then Thaddaeus proceeded to excuse his Maister in all the particular obiections and desired that hee mâ—ght be personally heard but to that the pope replied If he come I will depart for I doe not yet finde my selfe fit and ready for martyrdome Yet the English which were there extorted a fortnights leasure for the Emperours comming but he not daring or disdaining to come the pope proceeded to this sentence of Depriuation which sayes the Relater theâ—eof He thundred out terribly not without the amazement and horrour of all the hearers and by-standers And Thaddaeus protested vppon it This day is a day of wrath and of calamity and miserie 11 So this Bull proceeded from a distempered Pope and at a time when hee was not assisted with the Holy Ghost for he was not in a readines to suffer Martyrdome for him And where the Inscription saies it was Presenti Concilio the Margin notes that it is not said approbante Concilio though it assigne this for the reason least the Pope should seeme to neede the Councell 12 So that though it reach full as farre as Pius the fift his Bull against our late Queene for it depriues it absolues Subiects and it excommunicates all adherents yet it hath nothing by which it should be called a Canon or lawe to direct and gouerne posterity for there might be as much infirmity in this act of Depriuing as in the former of Excommunicating yea it was subiect to much more errour then that acte of spirituall iurisdiction which hath beene lesse questioned yet in the preamble of this sentence the pope saies of those former sentences If the Church haue iniured him in any thing she is ready to correct her selfe to reuoke and to make satisfaction So that it may be the pope erred in both these acts 13 Nor doe those wordes which are in the Inscription Ad perpetuam rei Memoriam giue it the strength of a precedent and obligatorie Canon but rather declare out of what shoppe it came since that is the ordinary stile of the Romane Court and not of the Canons of Councels Nor can it euer be deduced by any consequence out of this Sentence That the Pope hath the same power ouer other Soueraigne Princes as he exercised there against the Emperour because hee proceeded against him though vitiously and iniuriously and tyrannically by colour of a Superiority claimed by him and then not denied by the Emperour but testified by diuers Oathes of Fidelity to him which cannot be extended against those princes which admit no dependency vpon him by any reason conteined in this Sentence 14 By the third of these foure principall Rescripts Clement the fift annuls a Iudgement made by the Emperour Henry the seuenth against Robert king of Sicily whom as a subiect of the Empire the Emperour had declared a Rebell and depriued him of his Kingdome and absolued his subiects of their obedience And the reasons why the Pope interposes himselfe herein are not grounded vpon his power as he is Pope or as he is spirituall Prince but meerely
may freely doe it where I am supreme Prince But your case is not the same as the Kings was not oâ—ly for spirituall considerations which are That he was lawfully seperated and pretended neerenesse of blood and was not forbid to marrie againe and your proceeding hath beene without colour and in contempt of the Church But the King who had no Superiour in Temporall matters might without doing wrong to any other submit himselfe to our iurisdiction But you are knowen to be subiect to another Thus farre hee proceeded waueringly and comparatiuely and with conditions and limitations 35 And least this should not stretch farre enough he addes Out of the Patrimonie in certaine causes wee doe exercise Temporall iurisdiction casually which the Glosse interprets thus requestedâ— And the Pope hath said before That he which makes this request must be one that hath no Superiour And in this place he sayes That this may not be done to preiudice anothers right But after this vpon a false foundation that is an errour in their Translation where in Deuteronomie Death being threatned to the transgressour of the sentence Of the Priest and Iudge they haue left out the Iudge he makes that state of the Iewes so falsely vnderstood to be a Type oâ— Rome and so Rome at this time to be Iudge of all difficulties because it is the seate of the high Priest But he must be thought more constant then to depart from his first grouÌ„d and therefore must meane When superiour Princes which haue no other Iudges are in such doubtes as none else can determine Recurrendum est ad sedâ—m Apostolicam that is they ought to do it rather then to go to the onely ordinary Arbitrator betweene Soueraigne Princes the sword 36 And when such Princes doe submit their causes to him in such cases hee deâ—lares himselfe by this Canon to be a competent Iudge though the matter be a ciuill businesse and he an Ecclesiasticall person and though he seeme to goe â—omewhat farther and streâ—ch that typicall place in Deuteron to â—gree with Rome so farre that as there so here he which disobeyes must die yet hee explanes this death thus Lâ—t him as a dead man be seperated from the Communion by Excommunication So that this Canon pâ—rposely enacted to declare temporall authority by a Pope whom none exceeded in a stâ—ffe and earnest promoâ—ing the dignity of that Sea procedes onely by probabilities and verisimilitudes and equiualencies and endes at last with Excommunication and therefore can imprint in you no reason to refuse this Oath For out of this Canon doth Victoria frame a strong argument That this most learned Pope doeth openly confesse by this Canon that he hath no power ouer the King of France in Temporall matters 37 Another Canon of the same Pope is often cited by which when the King of England complain'd that the King of France had broken the Peace which was confirm'd by Oath the Pope writes to the Bishops of France That though he intende not to iudge of that Title in question which appertaines not to him yet the periurie belongs to his cognisance and so he may reprooue and in cases of Contumacie constraine Per districtionem Ecclesiasticam without exception of the persons of Kings And therefore sayes he If the King refuse to performe the Articles and to suffer my Delegates to heare the cause I haue appointed my Legate to proceede as I haue directed him What his Instructions were I know not by this but beyond Excommunication you see by the Text he pretends not Whatsoeuer they were this is certaine That the Princes of those times to aduantage themselues against their enemies with the Popes helpe did often admit him to doe some acts against other Princes which after when the Pope became their enemie themselues felt with much bitternesse But in this Canon hee disclaimes any Iurisdiction to iudge of Titles which those Popes tooke to themselues who Excommunâ—cated our late Queene if Parsons say true That they had respect to the iniustice of her Title by reason of a Statute and all those Popes must doe which shall doe any act which might make this Oath vnlawfull to you 38 In the title De Sent. Excom there are two Canons which concernes onely Excommunication of Heretickes and inâ—ringers oâ— Ecclesiasticke Immunitie and are directed but to one parâ—icular place VVhich though they can impose noâ—hing vpon your conscience against this Oath may yet teach you not to grudge that a State which prouides for her securitie by Lawes and Oathes expresse it in such words as may certainely reach to the principall purpose thereof and admit no euasions For so these Canons doe when they Excommunicate All of all Sexe of any Name Fauourers Receiuers Defenders Lawmakers Writers Gouernours Consuls Rulers Councellours Iudges and Registers of any statutes made in that place against Church liberties 39 That the Canons haue power to abrogate Ciuill lawes of Princes they vse to cite the Canon Quoniam omne made by Innocent the third who hath made more Canons then halfe of the Popes before him And if this doe not batter downe yet it vndermines all secular power For they may easily pretend that any Lawe may in some case occasion sinne This Canon hath also more then Ordinary authority because it is made in a generall Councell thus it â—aies Absque bona fide nulla valeat praescriptio tam Canonica quam ciuilis And this saies Bellarmine doth abrogate an Imperiall lawe by which prescription would serue so that it begann Bona fide though at some time after he which was in possession came to know that his title was ill but the Canon lâ—w requires that he esteeme in hâ—s conscience his title to be good all the time by which he pâ—escribes But by this Canon that particular Imperiall lawe is no more abrogated then such other lawes as cannot be obserued without danger of sinne which includes not onely some Ciuill Constitutions but also some other Canons For your Glosser saies That the Canon derogates from all Constitutions Ciuill and Ecclesiastique which cannot be obserued without deadly sin that is it makes them guilty in foro interiori He addes That he doth not beleeue that the Pope did purpose by this Canon to preiudice the ciuill lawes nor that the wordes are intended of ciuill and secular law but that by those wordes Tam ciuilis quam Canonica the Pope meanes that a prescriber Malae fidei is guilty in conscience whether it be of a matter Secular or Ecclesiastique For saies bee though some say the Pope meant to correct the law herein yet this correction is not obserued in Iudicio Seculari And therefore saies hee I doe not beleeue that the Pope himselfe is bound to iudge according to this Canon where he hath temporall iurisdiction because hee hath that Iurisdiction from the Emperour therefore the Imperiall law standes still and is not abrogated by this Canon
this condition If the request be vpon true grounds is euer vnderstood though it be not expressed And writing to the Archbishoppe of Rauenna he saies If at any time we write such things to you as exasperate your minde you must not bee troubled but diligently considering the quality of the businesse whereof we write either reuerently fulfill our command or pretend by your Letters a reasonable cause why you cannot for we will endure patiently if you forbear to performe that which was suggested to vs by euill information And so doth that title abound with Interpretations Limitations and Reuocations of such Breues 10 And not onely Delegate Iudges and such persons as haâ—e an inward knowledge of errour in the cause which mooued the Pope to write haue power to iudge these Breues to bee inualid and of no force but euery Schoole-master For Lucius the third by a Rescript of his forbids any credit to be giuen to any Rescript in which there is false Latinâ— to which also the Glosser adds That it vitiates a Breue if the Pope speake to any one man in the plurall number or call a Patriarch or a Bishop sonne 11 And as many Omissions and many Adiections in the body of the Breue eyther in matter or in forme doâ—h annull it So would it make any considerate conscience to doubt whether such a Breue can warrant the expence of blood or incurring other Capitall dangers that obserues how often the Breues which haue issued vpon best consideration and assistance of Counsell haue beene reuoked not vpon new emergent matter but vpon better knowledge of the former Of which it seemes to me to be of good vse to present one illustrous and remarqueable example 12 Eugenius the fourth hauing first by one Bull dissolued the Councell held at Basil and transfered it to another place the Councell for all that proceeding the Pope by a second Bull annuls all which that Councell had yet or should after Decree and this by the Councell and Assent of the Cardinals After this the Councell cytes him and all his Cardinals vpon whom it inflicts confiscation and other penalties if they forbeare to come And then the Pope by a third Bull annuls that decree of Citation and excommunicates al persons euen Kings and the Emperour if they execute vpon any that Decree of the Councell And then he publishes a fourth Bull by which he answeres all obiections made against him by the Councel and hauing so established his owne innocence he annuls all acts made in preiudice thereof and this also with assent and subscription of the Cardinals And at last he sends out a fift Bull in which hee takes knowledge that his first Bull of dissoluing the Councell had occasioned many grieuos dissentions and was like to occasion more and therefore now he Decrees and Declares by the Councell and Assent of his Cardinals still not only that the Councell of Basil should from thenceforth be good and lawfull but that it was so when that Bull came and that it had beene so from the time of the beginning thereof And so in expresse wordes hee annuls his annulling of it and he reuokes two former Buls and pronounces them Irritas Annullatas Cassatas by the first whereof he had disabled the Councell and by the second had excommunicated Princes which should execute that which he pronounces now to be iust and of the other Bull he saies It proceeded not from him nor by his knowledge though it were testified by the Cardinals and endorsed formally by his Secretary And euen this last Bull of so many Reuocations Annihilations and Tergiuersations was not thought strong nor out of the danger of being reuoked againe till the Councell accepted it and ratified it by applying the BVLL and Seale of the Councell to it 13 So is it familiar in the Popes not for the variety of iust occasion but for peâ—sonall hate to their predecessors to annull the acts of one another So Stephen the sixth or seuenth abrogated Omnes ordinationes of Pope Formosus and digged him vp and cut of some of his fingers and cast him into Tyber and made all to whom he had giuen Orders take new Orders againe And next yeare Pope Romanus abrogated all Stephens Acts and within seuen yeare after came Sergius who refreshed the hate against Formosus and beheaded his body which I wonder how he found since Pope Stephen had so long before cast it into Tyber 14 And in a matter so mainly concerning faith as amongst them an Autentique translation of the Bible is betweene the Edition of Sixtus the fift and the Edition of Clement the eight there is so much difference euen in absolute and direct Contradictions as he which reades the seuerall Breues by which those two Editions are authorised both hauing equall iustifications of the present Editions equal absolutions from oathes for admitting any other equall imprecations and curses for omitting these may well thinke that that is a weake and litigious title to Maâ—tyrdome which is grounded vpon the Popes Breues which he himselfe when he sends them knowes not whether they be iust or no. 15 For as they haue forbidden many lawfull things and offered to destroy the lawes themselues so haue they allowed and authorized manie things which our owne Reason and discourse and Experience can conuince of falshood 16 It is the common opinion that Eugenius the third confirmed Gratianâ— Of whom we may be bolde out of that learned Bishop which hath made animaduersions vpon him â—o say That he knew neither things nor words mistooke matters and names erred in places and times and had neither seene Fathers Councels nor Rolls And though this Bâ—shop seeme not to beleeue that Eugenius did confirme him yet hee confesses That hee which doth beleeue such a confirmation is bound thereby to beleeue as many errours as are in Gratian. For it seemes we haue no longer liberty to doubt after such a confirmation as it will follow euidently out of Bellarmines fashion of arguing when he sayes We are bound to obay the Pope when hee institutes a festiuall of a Saint yet wee are neuer bound to doe against our conscience and therefore we may no longer doubt it but wee must make his Decree our conscience So that if either Eugenius confirmed it before or Gregory the thirteenth since our liberty is precluded and we must credulously and faithfully swallow not onely all the vnwholsome and insipid negligences ignorances and barbarismes of Gratian but all the bitter and venomous mixtures to Christs merit and all the blasphemies and diminutions of his Maiestâ—e which Boniface the ninth and Martin the fift haue obtruded to vs by approuing and confirming by their Bulls the Reuelations of Saint Brigid for so sayes Paleotus they haue done 17 These heauie inconueniencies and dangerous precipitations into errours being foreseene by some of the ancient Schoolemen out of their Christian libertie and prudent estimation
of the Popes Authoritie they haue pronounced this infallibilitie of iudgement to bee onely then in the Pope When he doeth applie all Morall meanes to come to the knowledge of the trueth As hearing both parties aud waighing the pressures and afflictions which he shal induce vpon them whom he inflames against their Pâ—ince and proceeding mildly and dispassionately and not like an interessed person and to the edification not destruction of them whom onely he esteemes to be his Catholicke Church 18 And this seemes so reasonable that though the Iesuite Tannerus at first cast it away as the opinion onely Quorundam ex Antiquioribus Scholasticis yet afterwards hee affoords an interpretation to it but such a one as I think any Catholique would be loth to venter his Martyrdome thereupon if he were to die for obedience to a Breue For thus he saies In euery matter when a Hypotheticall proposition is made of the condition whereof we are certaine then the whole proposition must not be said to be Hypothetically and Conditionally true but absolutely And this he exemplifies by this Proposition If Christ doe come to iudgement there shall be a resurrection which proposition is absolutely and not conditionally true because we are certaine that Christ will come to Iudgement And so he saies That it is the meaning of all them who affirme that the Pope may erâ—e except he vse ordinarie meanes onely to inferre that hee dooth euer vse those meanes without all doubt and question But with what conscience can this Iesuite say That this was the meaning of these Schoolemen when in the same place it appeares that the purpose of those Schoolemen was â—o bring the Pope to a custome of calling Councels in determining waighty causes for when they say He may erre except hee vse Ordinarie meanes and they intended generall Councels for this oâ—dinary meanes can they bee intended in sâ—yinâ— soâ— to meane that the Pope did euer in such cases vse Generaâ—l Councels when they reprehended his neglecting that ordinary meanes and laboured to â—educe him â—o the practise thereof 19 And though most of these infirmities incident to Breues in generall doe so reflect vppon these two Breues in question that any man may apply them ye it may doe some good to come to a neerer exagitation and triâ—lâ— of the necessary obligaâ—ion which they are imaâ—ined to imposed It is good Doctrine which one of your men teaches That euen in lawes euery particular man hath power to interprete the same to his aduantage and to dispence with himselfe therein if there occurre a sudden case of necessity and there be no open way and recourse to the Superiour The first part of which Rule would haue iustified them who tooke the oath before the Breues though they had had some scruples in their conscience by reason of the great scandall to the cause and personall detriment which the refusall was liâ—ely to draw on 20 Nor can the Catholiques be said to haue had as yet recourse to their Superiour when neither their reasons haue beene aunswered or heard which thinke the oath naturally and morally lawâ—ull nor theirs who thinke that in these times of imminent pressures and afflictions all inhibitions ought to haue beene forborne and that any thing which is not ill in it selfe ought to haue been permitâ—ed for the sweetning and mollifying of the state towards them 21 Their immediate Superiours here in England haue beene in different opinions and therefore a recourse to them cannot determine of the matter And for recourse to the Pope the partie of Secular Priests haue long since complained that all waies haue beene precluded agâ—inst them And if they had iust or excusable reasons to doubt that the first Breue issued by Subreption they had more reasons to suspect as many infirmities in â—he second because one of the reasons of suspecting the first being That their Reasons were not heard but that the Pope was mis-informed and so misledde by hearking to one partie onely the second Breue came before any remedy or redresse was giuen or any knowledge taken of the complaint agaâ—nst â—he first 22 Certainely I thinke that if he had had true inâ—ormation and a sensible apprehension that the sâ—ffeâ—ing of his party in this Kingdome was like to bâ— so heauie as the lawes threatned and a pertinacy in this reâ—usall was likely to extort hee had beene a lauish and prodigall steward of their liues and husbanded their bloods vnthriftily if he had not reserued them to better seruices heereafter by forbearing all inhibitions for the present and confiding and relying vpon his power of absoluing them againe when any occasion should present it selfe to his aduantage rather then thus to declare his ambitions and expose his seruants and instruments to such dangers when by this violence of his the state shall be awakened to a iealous watchfulnes ouer them 23 It is not therefore such a disobedience as contracts crinduces sinne which it must be iâ— it be matter enough for Martyrdome not to obey these Breues though thus iterated for it is not the adding of moâ—e Cyphars after when there is no figure before that giues any valew or encrease to a number Nauarrus vpon good grounds giues this as the Resultance of many Canons there by him alleadge That it is not sinne in a man not to obey his Superiour when hee hath probable reasons to thinke that his Superiour was deceiued in so commaunding or that he would not haue giuen such a command if he had knowne the truth And can any Catholique beleeue so profanely of the Pope as to thinke that if hee had seene the effects of the powder treason euery Church filled with deuout and thankfull commemorations of the escape euery Pulpit iustly drawing into suspition the Maisters which procured it and the Doctrine wherewith they were imbued euery vulgar mouth extended with execrations of the fact and imprecations vppon such as had like intentions euery member of the Parliament studying what clauâ—es might be inserted for the Kings security into new lawes and the King himselfe to haue so much moderated this common iust distemper by taking out all the bitternesse and sting of the law and contenting himselfe with an oath or such obedience as they were borne vnder which iâ— they should refuse there could be no hope of farther easinesse or of such as his Maiestie had euer shewed to them before Might any Catholique I sayâ— beleeue that the Pope if he had seene this would haue accelerated these afflictions vpon them by forbidding an Act which was no more but an attestation of a morall truth that is ciuill obedience and a profession that no man had power to absolue them against that which they iustly auerred to be such a Morall indelible truth Might he not reasonably and iustly haue applied to the Pope â—hat which Anselmus is said to haue pronouÌ„ced of God himselfe Minimum inconueniens est Deo impossible and concluded thereupon that
that his disobedience to the Pope despoiled him not of the name of Catholique a late Neophite of your Church hath obserued 32 For the Pope is subiect to humane errors and impotencies and when a great sword is put into a weake hand it cannot alwaies be well gouerned And therefore when Bartholinus an aduocate in the Court of Rome a bolde and wittie man had aduentured to coâ—uay secreâ—ly cerâ—aine questions in which he declâ—red his owne opinion affirmatiuely amongst which one was That if the Pope were negligent or insufficient or head-strong to the danger of the Church the Cardinals might appoint him a Curator and Guardian by whom hee should dispatch the affaires of the Church his reasons are said to haue preuailed with excellent Masters in Theology and Doctors in both lawes and that many Cardinals adbered thereunto till the Pope comming to the knowledge thereof imprisoned six of the Cardinals and confiscated their estates 33 But if as it is forbidden vnder Excommunication to make any Comment vpon one Canon which concernes the priuileges of the Franciscans which were the best labourers in the Popes Vineyard til the Iesuits came so it were forbidden vpoÌ„ like penaltie to interpret the Popes Breues yet no such law can take away our natural libertie nor silence in vs these dictats which nature inculcates That against the end for which it was instituted no power can be admitted to worke For from your Syluester wee learne That the Popes precepts binde not where there is vehement likelyhood of trouble or scandall And so he puts the iustifying and making valid the Popes Breues to the iudgement of considerate men though parties 34 So also is it said there That it is not the purpose nor intention of the Church to bee obeyed in such dangers For auoydance of scandall is Diuine law and to be preferred before any commaund of a Pope which is but Humane law for Diuine positiue law yeeldes to this precept of auoyding scandall as I noted before in the integrity of confession where some sinnes may be omitted rather then any scandall admitted And therfore their great Victoria complaines iustly of great inconueniences If all matters should be left to the will of one man who is not confirmed in grace but subiect to error or which saies he I would it were lawfull for vs to doubt meaning that daily experience made it euident for so hee addes in the point of Dispensations We see daily so large and dissolute dispensations as the world cannot beare it And not long after in the same Lecture he â—aies We may philosophy and we may imagine that the Popes might be most wise men and most holymen and that they would neuer dispense without lawfull cause but experience cries out to the contrary and we see that no man which seekes a Dispensation misses it And therefore we must dispaire if it be left Arbitrio humano For saies he the Pope must trust others and they may deceiue him if hee were Saint Gregory himselfe And he addes further We talke as though wee needed great Engines to extort a Dispensation as though there were not me expecting at Rome when any man wil come and ask a dispensation of all those things which are prouided against by the lawes and though hee confesse that former Popes were not so limited as he desiers the Popes in these times might be it was saies hee because they did not presume so easily to dispence against Councels Da mihi Clementes prouide me sayes he such Popes as Clement Linus and Syluester were and I will allow all things to be done as they list 35 And then since de facto it may bee and often is so whether a Precept of the Popes doe worke to that end for which the Church gouernment was committed to him or no Naturall Reason sayes a learned Iesuite will instruct vs. Who thereupon makes a free and ingenuous conclusion in a question of the Popes power in making a Law of Electing a Successour That the Pope might make such a Law if hee would but the Church would neuer receiue it Which how could Azorius pronounce or know but by the insinuation of naturall reason and conueniencie which Counsailer and Instructer euery other temperate and intelligent and dispassioned man hath as well as he 36 And so also saies Fran. a Victor and as manie as speake ingenuously That where the Mandates of the Pope are in Destruâ—tione Ecclesiae they may be hindred and resisted For in the greatest effect which can be attributed to the Popes Bulls in these temporall affaires which is discharging of Subiects from their obedience that peremptorie Canon Nos Sanctorum bindes not except it may bee done without grieuous damage to the Subiect and though by the vertue of that Canon they may forbeare their obedience if they will yet they are not bound thereby to doe it Yea it were vnlawfull to denie that obedience in cases of scandall or tumult For so also sayes another of your great men It is often expedient to obey euen an vniust law to auoid scandall And the late vn-entangler of perplexities Comitolus the Iesuite who vndertakes to cleare so many cases which Nauarrus and many others left in suspence when he comes to handle the question whether a Professor of the Romane faith being sent into those parts where the Greeke Church obserues other rites may goe to their seruice in such cases as he allowes it he builds vpon this Reason That by the law of God and of Nature it is lawfull and the Precepts of the Church which forbid this doe not binde Christians in cases of great detriment to the life or soule or honor or fame or outward things 37 Since therefore a ciuill constitution which in power of binding and all validities except immuraâ—lenesse is by your owne Authors equall to Diuine had possessed your conscience and so refreshed by a new solicitation your naturall natiue Alleageances so that no Breue could create in you a new conscience in this case no more then if it had forbidden Obedience to the common law or any other statute because it belongs not to you to iudge what is sinne and what conduces to spirituall ends since by the testimonie of the Popes owne Breues his Breues are subiect to many infirmities and open to the interpretation of meane men since they are often reuoked and pronounced to haue beene voide from the beginning vppon such reasons as it is impossible for you to suspect or spie in them when you admit them since these Breues haue contributed their strength and giuen authority to vaine and to suspitious and to false and to blasphemous legends since the Pope is allowed to neglect all waies of informing himselfe of the â—ruth in the most generall most important matters since recourse to your Superiours is not affoorded which you know both by the practises of one partie and faction