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A11511 The free schoole of vvarre, or, A treatise, vvhether it be lawfull to beare armes for the seruice of a prince that is of a diuers religion; Quaestio quodlibetica. English Sarpi, Paolo, 1552-1623.; Bedell, William, 1571-1642.; Brent, Nathaniel, Sir, 1573?-1652. 1625 (1625) STC 21758; ESTC S116734 27,201 78

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And for the Crowne of France the matter is so notorious as that I shall not neede to enlarge my selfe vpon this subiect and besides it hath beene formerly touched If then it bee lawfull by Stories out of the Sacred Scripture for Catholicke Princes to defend and succour the very Infidels themselues much more those that are Christians although not obedient to the Popes of Rome and when they doe really ayde them with money men and munition yet doth not this derogate a iotte from their deuotion or profession of the Catholicke Romane Religion Why may it not likewise bee lawfull for priuate men to defend and ayde that sort of people with their persons and yet bee not onely no sinne but also a worke pious and praise-worthy But if those souldiers bee the naturall subiects of a Catholicke Prince confederated with them and that for common defence and interrest of good Gouernement hee yeelds assistance vnto those Protestant Princes and is thereunto tyed by couenants of allyance the matter is so much the cleerer in regard of the Connexion of a Subiect to his Prince for Subiects are bound by the diuine Law to helpe on the interests of their Soueraigne neither doe they commit any sinne by cooperating and conforming themselues vnto them And hereupon the Confessor hath done great wrong to denie those Gentlemen their absolution but much greater iniurie hath hee in this Case done the Prince himselfe And he well deserues to bee punished because indirectly it must tend to the condemnation of leagues already made and of the succours which shall hereafter bee yeelded vnto them The which action besides that of it selfe it is iniurious and vniust in making that to bee a sinne which is none becomes yet the worse because it is deduced and wrought into Confession And surely the rule of good policie requires that a temeritie and petulancie of that excesse should bee ressented That a religious persons minde should serue him to condemne the Determinations of his Prince which haue beene made according to all the rules of Wisedome and for reasons of good Gouernement of which a priuate man cannot be capable much lesse become a Iudge or Censurer But if absolution could not bee denied by reason of habitation or because they serued in fauour of the Hollanders it might perhaps bee denyed by reason of the iniustice of that warre especially seeing these Gentlemen were not the subiects of the Prince that made the warre and so were no way hereunto commanded but vndertooke it voluntarily and therefore are in the state of sinne This is the last point which I will dispatch very briefely because all the Doctors doe agree That the warre whereby the State that is possest is preserued and therefore a warre defensiue can hardly entertaine a doubt that it is not iust And among the causes which the skilfull in both the Lawes and the Summists also alleage to make the warre iust the necessitie of Defence doth euer ranke it selfe in the first place So that without tedious allegations it will suffice to conclude this businesse with the words of Couarruvias That amongst other reasons which are held most iust whereupon to ground a warre that is aboue them all the best approoued and vnto which all causes else which are alleaged may bee referred or reduced which is vndertaken for the preseruation of the Common wealth and defence of ones owne Dominion or Countries thereunto appertaining for so it tendeth likewise to the defence of a mans owne life and goods This cause then of defence doth exceedingly iustifie the warre because it is fauoured and authorised by the Law of Nature so that a priuate man may assist in a defensiue warre And that the war which the Hollanders make is of this nature that is to say a Defensiue it appeares out of the euidence of the fact because they are those that are inuaded by the armies of the King of Spaine and euer stand on their guard and vpon the Defensiue And it is so farre from question that a Defensiue warre is euer iust except there bee such circumstances to render it vniust as can hardly sinke into a mans imagination that it is an vndeniable doctrine amongst the Lawyers That although the partie assailed haue deserued by his own fault or offence to haue warre made vpon him yet for all that it shall bee lawfull for him to defend himselfe And if in his own defence hee must take armes and fall to blowes yet shall it bee iust in him so to doe not onely by the Law of Nature which teacheh man to repell force with force but also because the omission of a mans necessary defence causeth him to commit his owne life state and honour to the discretion of others and many times of souldiers of whose excesses and vsuall deportments against mens liues honours and goods being no lesse licencious in sacred than in profane matters examples are too too frequent and notorious Moreouer though the war should be mooued for lawfull pretensions Restitutions yet would the defence be iust For the Ciuilian sayth That the Assailant would not bee content with such Restitution as were iust neither could hee containe the furie of his souldiers that they should not passe the measure of iustice And the saying of Liuy is receiued as an Oracle That to him the warre is euer iust vnto whome it is necessarie and it is pious and religious for them to take Armes who haue no hope but in Armes the which euer falleth out in Defensiue warres And if any should from hence make deduction that then the war might be iust on both sides which is denied by the writers of Cases of Conscience I say first that this ought not to seeme so great an inconuenience because they themselues and the best grounded Diuines and Lawyers doe teach That in some Cases the warre may be iust on both parts On the one out of Truth on the other Juris praesumptione For warre betweene those that know no Superiour is like a suit in Law and as it is impossible that both the litigant parties should haue reason on their side and yet both of them may haue a iust cause to sue because it appeareth not on which side reason standeth vntill the Iudge by his sentence shall decide it And yet in this Case no man will euer make doubt that the Defendant ought not to repaire to the Court whereunto hee is drawne but all the doubt will rest on the Plaintifes side So in a war betweene Soueraigne Princes as in a suit although both parties cannot haue equall iustice in the Cause yet may they both haue iust occasion to commence it for it may bee doubtfull on which side the reason resteth but it will bee cleere that the Assailed makes a iust warre and the question cannot fall but on the Aggressor And to speake truth it is a fancy which mens braines doe frame vnto themselues but reason doth no way comply with it That any man should take
Prouinces doe straine a point beyond their vsuall manner To this ought the Confessor to haue had some regard and by considering that hee was thus strictly appointed Not to administer absolution to those that fought for the defence of the Hollanders he should thence haue inferred That the Catholick Religion was the pretext onely but the end is the interest of factions the which haue nothing to doe with Religion neither haue the Antients euer taught that it should by such meanes bee ampliated Further hee ought to haue taken into consideration that hee is not depending on the authoritie of the Nuntio or of any deputed from him that is not his Ordinarie neither doth hee receiue authoritie from him to heare Confessions and that these secret iuglings are odious before God and that it is an adulterated Zeale which vnder the mantle of Religion couereth humane passions and ends And it would bee too great an inconuenience that when Embassadours and their Families as good Authours doe maintaine are not assubiected to Princes where they reside but by the Law of Nations are exempt and free and onely owe submission vnto their naturall Lords yet hee which attendeth them for the administration of the Sacraments should take law from one that is an Alien to that Countrey yea and serueth such a Prince as maketh warre against it Who can doubt but that such a one will trie to doe all the mischiefe hee is able especially by disbanding the souldiers that serue the other side as is apparant in this very Case yet it cannot without horror be conceiued how great an iniurie is done to the Maiestie of God and to Religion to make it like vnto Medusas Head a Bug-beare to scare and intimidate mens Consciences for ends meerely mundane and peraduenture for designes that tast of tyranny and iniustice as to seise vpon and take away Countries from those persons vnto whom God hath giuen them For conclusion then of this Head it was not Iustice and it is contrarie to Religion that the Confessor did follow the directions of a professed enemie to those States by vertue of a blind obedience and hee ought not to haue done so notorious a wrong and iniurie to those Gentlemen without examining first Whether it were iust or vniust to denie such a Penitent absolution For I would see great and euident reason before I would exclude any man from the participation of the Sacraments which is a bond of grieuous preiudice And as Saint Ierome writes Priests ought not to put on a Pharisaicall superciliousnesse as if it lay in their power to binde and loose but they are to consider the Conscience of the Penitent and the merite af the Cause So that you see all is reduced to the two last Heads which remaine to bee examined because in them lyeth the pyth and point of the cause Of which The third is Whether the Confessor had iust cause to denie these Gentlemen absolution for this respect That they could not liue in the Low Countries without sinne as beeing to conuerse with those who acknowledge not the Pope of Rome for Head of the Church and refuse to yeeld vnto him obedience and For that there is not in those parts the publike exercise of the Catholick Romane Religion This reason in times past would haue receiued no shew or colour but now some shadow of doubt may bee put since that Clement the eight tooke on him to bee the first that euer made any step and pretention in this matter For in the yeare 1595 hee published a Constitution That no Italian should or ought to goe for any cause whatsoeuer no not for trafficking and marchandise to any place where there was not a Parochiall Priest and a publike Church wherein the Romane seruice was celebrated except he first should obtaine leaue from the holy Office of the Inquisition or from the Ordinaries binding also those that should trauell with such licences to send yearely to the Inquisitors letters of authenticall credence that they had confessed and communicated Peraduenture this might bee the cause why the Confessor and he who mannaged him did deale so roughly with their Penitents But withall you must know that this Papall Constitution was neuer entertained or put in execution by any Prince but contrariwise totally excluded as if it had neuer bin ordained And to confirme this it is the receiued Position of Canonists and Ciuilians and of the Popes themselues and it is a Doctrine also consonant both to Diuinitie Nature That all humane positiue Lawes vnder which kind no Catholick Doctor doth denie that such like Constitutions are comprehended neither can he vnlesse he will make a man a God nay aboue God are iust so much in force as they are in vse and by not beeing receiued or by an application of them vnto a contrarie vse they loose all their vertue obligatorie and are as if they had neuer beene ordained And if it should bee otherwise there would bee nothing but confusion in Gouernement and destruction of good Policie and Popes should not onely bee Patrons of all States and Dominions and Lords of all matters of Iudicature and of all Tribunals but the very facultie and meanes to thinke of any question would bee idle and out of vse for what matter is there that the Popes in some past ages till now haue not themselues decreed or else commanded their determinations But Iurisdiction is not acquired by commaundements but by commanding iustly and by being obeyed So that no foundation must bee layd on this Constitution which was abortiue in the birth reiected in the first beginning opposed by all receiued by none and by the Declaration of some Princes against the very Pope that made it it is apparant that it ought not to be receiued so that it hath had no obseruation at all but hath remained as if it had not beene made and that with the knowledge of the Ecclesiasticks and of the Popes themselues yea and of the very person that made it And so it ought to bee in reason because the Pope extended his power to the restriction and confinement of that libertie which God and Nature all Lawes diuine and humane and the practise in the generall course of all times from the beginning of the World vntill the yeare 1595 haue giuen and granted vnto the Faithfull Whosoeuer hath any insight into the Sacred Stories knowes that after the Creation of the world there was a diuision of Religion in the very sonnes of Adam and that some worshipped the true God with pure and lawfull Adoration as was requisite others became Idolaters and yet he will not finde that the Faithfull I speak not of the separation of Nations but of particular diuisions for that was a Case reserued to God alone euer receiued prohibition to inhabit those places where men of impure or false Religion did dwell but the true worshippers of God did alwaies enioy the freedom of going staying dwelling there where their best commoditie