something under-board and from thinking there MAY BE something they will think it is very LIKELY there is something and from LIKELY THERE IS they will conclude THERE IS surely there is some PLOT working hath still since inclined me to be cautious how in my most private thoughts I charged any Men and especially any great Bodies of Men with PLOTS And I think the Author of the Papist Mis-represented c. will find enough Protestants as ready as you and my self to avoid troubling them with the Witnesses Plot. But since the Author hath in this case thought fit to invite us to a view of the Principles APPROVED and Conform to the Religion taught by his Church I shall reflecting on the Principles approved by so many in that Church tell him I cannot but Judge them short of that unconditional Loyalty you have so clearly asserted in your Discussion and shall judge as the L. Falkland the Secretary did in the Letter to Mr. Mountague I before referred to where his Lordship on Mr. Mountagues making POPERY the way to Obedience having had these words viz. I cannot but say that though no Tenet of their whole Church which I know makes at all against it yet there are prevailing opinions of that side which are not fit to make good Subjects when their Kings and they are of different perswasions and having quoted D' Ossat for saying that it is the Spaniards Maxim that Faith is not to be kept with Hereticks and more that the Pope intimated as much in a Discourse intended to perswade the King of France to forsake the Queen of England and that they hold at Rome that the Pope to avoid a probable Danger of the encreasing of Heresy may take away a Territory from the true owner and dispose of it to another and many also defend that he hath power to Depose an Heretical Prince and of Heresy he makes himself the Judge His Lordship with a profound Charity and Iudgment thus goeth on viz. So that though I had rather my Tongue should cleave to the Roof of my Mouth than that I should deny that a Papist may be a good Subject even to a King whom he accounts an Heretick since I verily believe that I my self know very many very good Yet Popery is like to an ill Air wherein though many keep their Healths yet many are Infected so that at most they are good Subjects but during the Popes pleasure and the rest are in more danger than if they were out of it Moreover as to the firing of London which the Author referreth to in his Papist Misrepresented as well as the Death of Godfrey I was always as careful as you were to charge no more Papists with the Odium of it than such as the Justice of the Nation Criminated therewith Moreover if any one will have it that Hubert and Peidelow were not Papstis I shall not account it tanti to contend with him about it and as you told me lately that you would not I remember when we were long since Discoursing of that fire you shewed me a Book of Vigelius a Civilian who treating de praesumptionibus quaestionum facti laid it down as a particular Rule viz. Si de causâ incendij quaeritur culpâ inhabitantium praesumitur factum and saith quae regula approbatur l. 3. § 31. ff de officio praefecti vigilum ubi Paulus plerumque inquit incendia fiunt culpâ inhabitantium Moreover you once shew'd me it represented as a Rule in Magerus his Advocatia armata that damnum quod ignoratur à quo provenerit ab inimico illatum esse praesumitur which doth partly agree with the presumption of the causer of the damage mentioned in the parable of the tares an enemy hath done this And you have with Candour in the Papists behalf in p. 180. to shew that the Pope was not the inimicus Homo helped them to the Testimony of an adversary I mean of Marvil in his growth of Popery You have likewise done Iustice to the Papists in p. 181. Exploding the great popular Argument of London being designedly fired by many Popish Persons because of the flames breaking out at once in several places distant from one another An Argument that the Author of Pyrotechnica-Loyolana printed in London in the year 1667. doth in p. 130. lay great stress on and saith that as at Cracow in Poland which he had before accused the Iesuits for having fired the flames did break out there in several places of the City at the Tops of Houses so here the fire did break first out at the Tops of several Houses which were every way at a considerable distance from the contiguous burning in the main Body c. And therefore on the Account of the thing you mentioned and which is obvious enough in Nature a fire first caused in London or Cracow culpâ inhabitantium might afterward appear breaking out in several distant places thereof And I have several times told you how I was in the behalf of the Roman Catholicks troubled at the Votes of the House of Commons that threw the Guilt of the fire of London on the Papists in general and likewise at what was spoke by an Eminent Son of our Church and Minister of his late Majesties that at the Condemnation of the Lord Stafford in effect did so for there as you have truly said in p. 179. the Evidence did not rise High and Clear enough for the charging any Papist with it Nor need I now tell you that I was in the year 79 sorry to find that a Pamphlet against Popery that charged the Papists in general with the Fire of London and with that particularly of the Temple caused by a Non-Papist Debauchè who was burn'd in it was then Licenced by a very Loyal and Learned Licenser But since our Roman-Catholick Author in his Papist Misrepresented doth partly found the Mis-representation on these execrable practices having been done according to the known Principles of the Church of Rome I shall take this occasion he hath given me to offer it to him to consider how far any known principle founded on the Papal Usurpations and approved either BY or IN that Church might have Legitimated a practice of the like Nature As for Example the Firing of the Heretical Villages at the Massacre of Merindol affirm'd by Heylin and Maimbourg and the designed one of the City of Westminster in the Gunpowder-Treason And shall leave it to the ingenious Author to Recollect whether any Divines or Divine of the Church of England he withdrew from and much more whither any of its Canons approved any princiciple of that extravagant Nature Whatever Impressions it may make on his Thoughts or those of the Gentleman you refer to in p. 173. and there mention with Honour and as one though having forsaken the Communion of the Church of England yet being a Pious and Learned Roman Catholick and of a nice tenderness of Conscience and a lover of Truth as such
egonum quoddam Elementum Haec Hosius Eodem prorsus spiritu atquè animo quo olim Montanus aut Marcio quos diunt solitos esse dicere cum sacras scripturas contemptive repudiarent se multo plura Meliora scire quà m aut Christus unquam scivisset aut Apostoli Quid ergo hic dicam O columina religionis O praesides Ecclesiae Christianae An haec ea reverentia vestra est quam adhibetis verbo Dei And afterward saith aut illud verbum quo uno ut Paulus ait reconciliamur Deo quodque propheta David ait sanctum castum esse in omne tempus esse duraturum egenum tantum mortuum elementum appellabitis I have not time to Consult the Works of Whitaker and Downham as Cited by the French Clergy But do find that by Iewells Citing Pighius and likewise Hosius to make good his Charge the French Clergy knew why and wherefore to spare Iewell 's Name in their Class of Calumniators Iewell in his Margent Cites Pighius in Hierarchia and in his Margent referring to Hosius saith very candidly Haec Hosius in lib. de expresso verbo dei sed astutè sub alterius personâ Quamvis ipse alià s eadem in eodem etiam libro disertis verbis affirmet They afterward referred to our Learned Rainolds as a Calumniator under their 6 th Article and Cite him for saying that Roman Catholicks do call the Virgin Mary Queen of Heaven And they might if they had pleas'd have call'd to mind that in the proper Mass of her seven Sorrows she is called Caeli Regina Mater Mundi and that in an Office where the Te Deum is Travesty'd to her and which Office the Present Pope hath worthily Suppress'd she is called the Queen of Glory But as to their charging our Ames under their Seventh Article with Calumny for saying in his Bellarminus enervatus the Pope was the ILLE Antichristus I shall make no remark on their Charge but let it pass There was however another thing that I could not but take notice of in that Book of the French Clergy that made their accusing the Writers of the Reformed Religion as Calumniators and Falsifiers of the Doctrine of the Church seem to me very severe Namely that Clergy's joyning the Decisions of the Council of Trent with the Profession of their Faith and noting in one Columne that profession and the Articles of the Council of Trent and there making the Doctrine of their Church a result from both and opposing thereunto in another Columne the Calumny's in the Writings of the Reform'd and yet by the Date of the Impressions of many of those Writings as mentioned at the end of that Book it appears they were Printed long before the year 1615. and some before the year 1579. in which latter year Cressy in his Epistle Apologetical to the Late Earl of Clarendon voucheth but to no effect as I shall by and by shew that De Marca in his Volume De Concordiâ Sacerdotij Imperij tells us the Definitions of Faith of the Council of Trent were admitted by a publick Edict concerning the same in France and as to which former year Cabassutius an Oratorian in his Notitia concil declares out of the Records of the French Clergy that in their General Assembly at Paris in the year 1615. the Canons of the Doctrine of the Council of Trent were unanimously received by the whole Clergy And in p. 6. of the Translated Book of the French Clergy a Book of Beza's is cited as printed in the year 1576 and one of Luther's printed in the year 1558. and one of Melanchton's in the year 1552 to shew them Calumniators of the Doctrine of the Council of Trent as the Received Doctrine in the Gallican Church And whether the many other Authors there cited as printed before the year 1615 and yet too Cited as Calumniating for injuring the Trent Doctrines as being those of the Gallican Church were not likewise severely dealt with is left to the impartial to Judge and to whose view of that Book of the French Clergy it will be obvious that the profession of Faith inserted at the end of the Council of Trent is brought in in the beginning of that Clergy's Representing the Doctrine of the Church I love not to be Curious in alienâ Republicâ and much more not to be so in alienâ Ecclesiâ But since the Acts of that Clergy have been made to speak English here and so without Licence to Travel about our Country I cannot but occasionally make a further Remark on the Severity of that Clergy in taking it ill of the Protestants there supposing that the Catholick Church Disguiseth or Condemneth the most Essential verity's of Religion and Representing her under the Hideous idea of a Society professing an impious Doctrine and denying the chiefest Articles of Faith since as I said that it was but in the year 1615. that the Canons of the Council of Trent were pretended to be unanimously received by the whole French Clergy at Paris and that it was but a year before that the SAME Clergy as I find it observ'd by the Author of The Difference between the Church and Court of Rome p. 31. referred to the Account of what was done upon the meeting of the three Estates and when Cardinal Perron being the Clergy's Spokes Man told the King that The Matter contested was a point of Doctrine c. and that the Power of the Pope was full nay most full and direct in Spirituals and indirect in temporals c. and that they would Excommunicate all those who were of a contrary Opinion to the Proposition which affirm'd the Pope could depose the King c. and for which 't is there Cited how the Pope by a Breve in that year 1615. returned his Solemn thanks to the Clergy of France for what they had done against the Articles of the 3d. Estate wherein his Power was concern'd The use I make of this is only to shew that the present French Clergy who no doubt are Conscious of the Error of their Predecessors in such a DOCTRINE wherein Religion and Loyalty are concerned were obliged to shew all the Tenderness and Compassion to their Frail and Fallible Brethren not Erring in a Point of that Nature but only in such as were Subject to Controversy I shall here observe that Cressy in the Book aforesaid reflects on the late Earl of Clarendon for saying in p. â—48 of his Vindication of Dr. Stilling-fleet that the Council of Trent is not yet received in France and in many other Catholick Country's and saith to the Earl under favour Honoured Sir you will I suppose grant that the late Famous and Learned Arch-Bishop of Paris Peter de Marca was better informed in the Ecclesiastical State of France than your self a Stranger and quotes the Volume of De Marca before mentioned lib. 2. cap. 17. S. 6. for Writing expresly that the Definitions of Faith
any such thing by their Printing it here much good may their Design do them But it seems an untoward way of beginning a Reconciliation by giving the lie or accusing the pretended Reform'd of Calumnies and Falsities But the Author of the Papist Represented and Misrepreted hath outdone the French Clergy in Civility of Expression to Protestants and by rendring them only Misrepresenters of the Church of Rome Yet since both these Books do agree in Representing Roman-Catholicks as owning the Doctrine of the council of Trent I standing fast in the Liberty I have not to be imposed on by those Doctrines intermeddle not here with others liberty to own any Religionary Tenets of the same And our Excellent and Learned Clergy-Men will no doubt both by Preaching and Writing occasionally secure the Souls of their Congregations from any danger that they shall apprehend from any of the Papal Clergy propagating such Tenets among them But here I shall occasionally say that I think that few of the Religionary or Doctrinal Tenets of the Council af Trent either do or in the time of our Fears and Iealousies have so much Animated the Aversion of many of the Populaae here against that Council as their apprehension of the exterminium of Hereticks designed long ago by the calling of that Council The benefit of the peace and rest the Protestants had obtained by the Interim A. 1548. and it s formula interâ—religionis was but to last to the end of the Council of Trent And I have some where met with Iohn Paul Windec cited for boasting in his Book de Haeretic extirpand that nothing was accorded for the Protestants by that Edict or Formula but a Dilatory Reprieve and Toleration till the end of that Council And moreover we know that in that Council there is an express Confirmation of former General Councils and of the Terrible Lateran one in particular For though you mention some Popish and Protestant Writers as denying the Lateran Council to have been a General one and that Protestant Authors are somewhat put to it who would prove it so to have been yet if you had considered what the Bishop of Lincoln in his first Book about Popery saith in p 51. that the Council of Trent in Sess. 24. cap. 5. calls that Lateran one a General Council and confirms one of its Canons you would have thought it a very easie task to have satisfied any Reverers of the Council of Trent with the others having been a general one And the Trent Council having as that Learned Bishop shews there in p. 43. Commanded Emperors Kings and Princes to observe the Sacred Canon and all General Councils and Apostolical Sanctions in favour of Ecclesiastical Persons and the Liberties of the Church and where the Title to the Chapter is said to be Cogantur omnes Principes Catholici conservare omnia sancita c. and those words which in p. 57. the Bishop refers to the Council of Lateran for viz. Catholici qui Crucis assumpto charactere ad haereticorum exterminium se accinxerint illâ gaudeant indulgentiâ quae accedentibus ad terrae sanctae subsidium Conceditur and that Councils having so threatned Princes with Deposition and the absolving of their Subjects from their Allegiance in Case they do not Exterminate Hereticks hath really been the most Considerable and â—perative Objection that any Protestant Writers have brought to shew the dread of that part of the Principles of Popery that you term Irreligionary And few of the Writers against the same in our late Fermentation but instanced in that Objection And to which none of the Roman Catholick Writers then that I read did Attempt to apply the least Answer The Author of the Compendium whom you mention with the Title of Ingenious doth there in p. 79. tell us That there is not one single Paragraph in that Book of the Bishops but what was either fully Answered or what doth not at least wound the whole Protestant Party by its Consequence more than us But was so Ingenuous as to answer not a word that I can find there to the Objection of the Lateran Council and which omission in him proceeded not from inadventence for in that one leaf where he insinuates that he hath fully Answered the Bishops whole Book he tells us twice that no Council ever imposed the Deposing Power on our Belief And I observed that my Good and Learned Friend Father Walsh where in the Preface to his Causa Valesiana printed in the year 1682. he endeavours to answer that Book of the Bishop did not think fit to take notice of the Objection of the Lateran Council But after your common way in all your Writings I have seen namely to fortifie Objections before you answer them thus as I may say to Deck and Crown the Victim you intend to offer to the World as I find you have done right to the considerableness of this of the Lateran Council and have in your discourse Termed that Learned Bishops Book both unanswered and unanswerable it is by all Ingenious and Loyal Protestants and Papists to be acknowledged to you that you are the only Person who hath appeared in Print to give the Objection the Answer that it will bear and for which none I believe will thank you more than that excellent Prelate For after you had taken the freedom in your Introduction or Preface to Reflect as you have done on Arch-Bishop Vshers Prophecy and the Predictions of Bishop Morly you with great Curiosity set forth the factum of the Munster Peace whereby the Age may learn that as with God all things are possible so by his having influenced the understandings of Roman-Catholick Princes and by their having shewed much better than by Words I mean by their pacta Convenia really observed that they think not themselves obliged by the Lateran Council and the Deposition there threatned to exterminate their Heretical Subjects and you Candidly shew the Artifice of the Objection in a great Measure answered by the God of Nature and by Natural Causes inclining the great Roman-Catholick Crown'd Heads of Christendom to permit the dire passages in that Council to be in a manner Abrogated by Desuetude You have fairly related it how the Roman Catholick Princes agreed in their Treaty that no CANONS or DECREES of COVNCILS or ABSOLVTIONS whatsoever should in future times be allowed against any Article of it and consequently that the Canons or Decrees of that Council Threatning Princes with DEPOSITION and the Absolving of their Subjects from their Allegiance for the not Exterminating their Heretical Subjects from their Allegiance were by all those Roman-Catholick Crown'd Heads Contemned and defy'd and you have shewn how the Papacy hath since Acquiesced therein and since lex currit cum praxi and that Peace hath been so long observed your account of it hath been of much more Importance to the Papists as to the helping to bring them off in some Measure from the Odium of the Disloyal Doctrine
and whose Inquisitiveness in Religion is not at its Journeys end in Rome and whom you have found inclined to return to the Church of England if the Tenent I shewed you discussed by Gundissalvus and asserted in the gloss and Text of the Canon Law can be charged on the Church of Rome as approved by it I know not but shall here send you a Transcript of the same and shall first observe that the sedes materiae for this Tenet that a whole City may be burned with fire if the Major part thereof were Hereticks is in the Body of the Canon Law namely in the Text of the Decrets it self Can. si audieris 23 Caus. Q. 5. And if any one will consult the Body of the Canon Law with the gloss and Case of the Edition at Turin in the year 1620 he will find it there as followeth SI AVDIERIS CASVS Cyprianus fuit interrogatus an mali post adventum Domini in hunc mundum morte sint puniendi Et certe respondet quod sic quia si ante adventum Christi hoc fuit ut probabitur autoritate Deuteronomij exemplo Matathiae Multo fortius post adventum Christi hoc fieri debet Autoritas durat a principio usque ibi cujus praecepti Postea sunt verba Cypriani SI AUDIERIS Haec verba sumpta sunt de Deuterono usque ad illum locum hujus praecepti Necabis Tu quicunque sis Et sic quandoque ille qui non est judex potest punire malesicos c. OMNES QUI si Ergo aliqui haeretici sunt in una civitate tota civitas possit exuri sic ecclesia vel civitas punitur pro delicto personarum ut 25. q. 2. ita nos c. NVNC id est in futurum c. CVIVS haec suntverba Cypriani MATATHIAS ut legitur in libro Machabeorum Item Cyprianus lib. de exhortatione Martyrij cap 5. Principes saeculi pessimis parcere non debent 34. § Si audieris in unâ ex civitatibus quas dominus deus tuus dabit tibi inhabitare illic dicentes eamus serviamus dijs alijs quos non novisti interficiens necabis omnes qui sunt in civitate caede gladij Et incendes civitatem igni erit sine habitaculo in aeternum non reaedificabitur etiam nunc ut avertatur dominus ab indignatione irae suae dabit misericordiam tibi miseribitur tui multiplicabit te si exaudieris vâ—cem dom dei tui observaveris praecepta ejus Cujus praecepti rigoris memor Matathias inteâ—fecit eum qui ad aram sacrificaturus accesserat Quod si ante adventum Christi circa deum colendum idola spernenda haec praecepta servata sunt quanto magis post adventum Christi servanda sunt quando ille veniens non tantum verbis nos hortatus est sed factis To this place in the Canon Law Gundissalrus refers in his Discourse against Heretical Pravity and which I shewed you in my Study among the Tractatus Criminales published by Franciscus Maria Passerus at Venice in the year 1556. and where in p. 158. he hath discussed the Tenet at large and ex professo 'T is among those Criminal Tractates called Tractatus contra haereticam pravitatem per Gundissalrum de villa diego Sacri Palatij Apostolici Auditorem char 158. and where it follows thus viz. Summarium 1. Civitas in qua aliqui insunt Haeretici an tota possit igne exuri aut alias destrui latissimè usque ad questionis finem 2. Civitas quando dicatur Haeresim committere ut universe destrui possit 3. Vniversitate punitâ de Haeresi an singuli quoque puniti videantur ita ut amplius puniri non possint Questio 24. Vigesimo quartò quaeâ—o an si aliqui Haeretici sunt in unâ civitate possit tota civitas exuri sive alias destrui glo in c. Si audieris 23. q. 5. arguit quod sic per illum tex videntur ibi velle Ioan. Laur. quod quilibet possit hoc facere sed in Contrarium inducitur ea q. si non licet ver quasdam versi his igitur q. 4. ver non ergo q. â—ult quodcunque quod no. 33. q 1. inter haec in 1. glo Archi. in c. praesidentes de haere l. 6. dicit quod Ecclesia concedit generalem authoritatem exterminandi haereticos 23. q. v. si vos c. Si audieris Quae non tantum diriguntur principibus Et facit eadem causa q. legi de haeretici communicamus § Catholici ubi etiam ad eos exterminandos conceditur cruce signat indulgentia ultra-marina tamen occifio spoliatio talium tutum est quod fiat ex edicto principis aut Ecclesiae c. cum secundum leges eo titu lib. 6. ne ex cupiditate vel ultione potius quam ex justitia vel obedientia pugnare videantur 23. q. 1. quid culpatur q. 11. c. 1. q. 111. Sex differentiae quod etiam tenuit in summa eo titu versic Sed nunquid Goffre in summa eo titu § sed nunquid Catholici Hostien in summa eo titu qualiter evitentur vers sed nunquid Catholici idem sequitur Joan. And in novel in d. c. praesidentes domi qui subjungit oportere necessario praecedere judicis declarationem super crimine haeresis ad hoc ut ista executio fieret per d. c. cum secundum leges Sed ista videntur mihi cum supportatione nimis crudè indigeste dicta in tantâ questione ubi de tantorum periculo agitur praesertim ubi innocentes pro nocentibus puniiuntur gravius profundius scribendum calamus magis temperandus fuisset quapropter ego dicerem quod etiam si aliqui de civitate sint Haeretici dummodo civitas ipsa haeresim non incurrerit adeo quod delictum istud universitati civitatis ascribi possit non propterea civitas possit uxuri aut alias destrui Nullo enim jure hoc reperitur cautum omnia jura clamant in contrarium scilicet quod peccata suos debent tenere Authores C. de pae sancimus de his quae fiunt a Majori parte c. quaesivit Ad jura quae in contrarium inducuntur stat responsio ad C. si audieris per quod glo praefata se fundat dici potest multipliciter Primo quod illud erat praeceptum legis veteris judiciale ut patet clare nam habetur originaliter Deutero 13. talia in lege novâ cessaverunt nisi de novo fuissent instituta nec legitur nova institutio Nam Cyprianus cui inscribitur ille tex in decretis non habuit facultatem jura generalia concedenai cum non fuerit Ro. Ponti eo Maxime ubi de incendio morte inferendis disponitur ut patet in illo tex quae paenae ab ecclesiâ non
imponantur ne cleri vel mona sententiam sanguinis eo ti eo lib. de exces praelatorum ex literis vel aliter dicas quod ille tex non loquitur de haere sed de idolatris ista crimina sunt diversa ut ex superioribus patet Aliter etiam potest dici quod loquitur quando omnes de civitate inficerentur illo crimine si non omnes illud tamen tempore illo licite fiebat stante praecepto Dei qui Dominus est vitae mortis pro quo bonus tex in d. c. si non licet in c. gaudemus de divor ubi de homicidio Sansonis fit mentio Ad alia vero jura quae inducit Archidia videlicet c. legi respondetur quod Authoritate dei illa facta fuerunt qui interius Authoritatem occidendi inspirabat ut in d. c. si non licet ad c. vos dicendum est quod loquitur quum Authoritate judicis illa fiunt ut patet in fine ejusdem tex ubi dicit diligentissimi rectores c. ad c. excommunicamus § Catholici dicas quod intelligitur quum in casu licito bellum contra eos moveretur accedente Authoritate superioris qui hanc concedere posset alias autem sequeretur absurdum quod pro actu illicito reprobato Papa concederet indulgentias quae tantum pro opere Charitatis sunt indulgendae juxta no. per Doctores c. qd autem de paenis remissionibus Pro quo est tex eo tit cum ex eodem tenet S. Tho. 4. sententiarum distin 20. Stabit in hoc conclusio quod si civitas labatur in haeresim tunc demum possit exuri destrui non aliter Hanc sententiam firmat Bar. in l. aut facta § Nonunquam F. F. de paen in crimine haeresis in crimine laesae Majestatis alias ubicunque filius pnnitur propter delictum patris sic fuit factum de Carthagine quae propter Rebellionem passa est aratrum ut ff quibus med usufruct amit l. si ususfructus Dicit etiam se vidisse sententiam definitivam imperatoris Henrici quam dedit contra civitatem Brixiae quae fuit sibi Rebellis in quâ dicebat illam civitatem esse subijciendam aratro quam paenam postea ex Misericordiâ relaxavit quae sententia definitiva est lex ut l. ij ff de lege in l. fi C. eo de re judica c. in causis et ita fecit Papa Bonifacius qui propter delicta quorundam Templariorum totam ordinem eorum destruxit quia erant Heretici Hanc autem sententiam nullus inferior a principe ferre poterit nec sine principis authoritate hoc fieri potest secundum quod latè prosequitur Bart. in extravagan quoniam et idem sensit uno verbo Sal. in l. 1. c. de sed in fine Sed quum dicemus civitatem committere haeresim ut modo praemisso puniatur dicas quod si omnes essent haeretici vel major pars ut in l. quod major ff admunicipa et hoc tenet Bar. in d. extravagant quum in simili materia et requiritur quod conveniant â—ut universitas ad hoc faciendum utpote communicato consilio alias dicerentur singuli facere et non universitas juxta nota per glo l. sed si ex dolo § 1. ff de dolo et l. aliud § refertur ff de Reg. jur neque per hoc credas quod paena corporali puniantur innocentes pro nocentibus quod manifeste patet per ea quo Bar. no. in d. § Nonunquam et Saly in d. l. 1. C. de sediti Sed Iuxta praedicta quaero an punita universitate de Haeresi modo praemisso censeantur singulares puniti ad hoc ut amplius puniri nequeant Ad hoc respondeo quod singulares non eo minus puniri poterunt si culpabiles in hoc delicto reperiantur quia qd debet universitas non debent singuli et é contra ff quod cujusque univer l. sicut § 1. ff de Reg. jur aliud § refert facit ff quod vi aut clam l. semper § si in Sedulchro Ad hanc decisionem faciunt no. per Ioan. Mo. et Io. And. in c. faelicis de pen. li. 6. in fi et per Bart. in d. l. aut facta § nonunquam Without troubling my self to make a formal Translation of this place of Gundissalvus I shall for the benefit of Common Readers set down the Substance of it in English omitting the References to most of the quotations out of Lawyers which to the unlearned in the Laws might seem uncouth and which the Learned may Consult as they please in the Latin Transcript viz. The Summary or Contents 1. Whether a whole City may be Burn'd with fire or otherwise destroyed in which are some Hereticks This is discussed at large to the end of the question 2. When a City may be said to be guilty of Heresie so that it may be wholly destroy'd 3. The Community being punished for Heresie whether every particular Person may seem to be so punished as that he may not be liable to any further punishment Question the 24th In the 24 th place I enquire whether a whole City may be burn'd or otherwise destroyed in which are some Hereticks And the gloss on the Canon Si audieris argues that 't is so by the Text. And Iohannes Laurentius seem to be of opinion that any Person whatsoever may do it But other Authorities are brought for the contrary c. And Archidiaconus saith that the Church doth grant the general power of Exterminating Hereticks And by the Authorities Cited the power for so doing is not only directed to Princes And likewise the Indulgence is granted to the Cruce signati for the exterminating Hereticks But as to the killing and despoiling of such it is safe that it be done by the Edict of the Prince or the Church Lest any should seem to fight rather out of Lust or Revenge than out of Justice or Obedience the which Raynerius doth also assert and likewise Goffredus and Hostiensis Iohannes Andreas goes in the same Track who subjoyns that the Declaration of a Judg on the Crime of Heresie ought necessarily to precede to the effect that execution be so done But those things seem to me under favour to be too crudely and indigestly spoken And in so great a question where the danger of so many is treated of and especially where the innocent are punished for the guilty the Subject is to be Writ of more gravely and more profoundly and ones pen was to have been more temper'd Wherefore I would say that though some of a City are Hereticks yet while the City it self hath not incurr'd the guilt of Heresie and so that that Crime cannot be ascribed to the Body of the City it may not therefore be burn'd or otherwise destroyed For this is not found ordered by any
Quotation out of Cyprian with these words viz. Si ante adventum Christi haec praecepta servata sunt quanto magis post adventum servanda sunt quando ille veniens non verbis tantum nos hortatus est sed factis By which words he would prove that our Lord did both by Words and Deeds exhort us to Kill Hereticks Whereas there is not one word in Cyprian or the Texts of Scripture he Cites which any way concerns Hereticks or Heresie but only Idolaters and Idolatry which are things of a far different Nature And had Gratian considered what immediately follows there in Cyprian and which he there unluckily leaves out he might have clearly seen that Cyprian neither said nor meant that the Meek and the Holy Iesus did by Deeds or Words Exhort Men to kill Hereticks But that which Cyprian truly saith our Blessed Saviour did by Deeds and Words Exhort us to was that Christians should patiently suffer and by no means renounce the Gospel by serving Idols and by Idolatry For as to those words with which Gratian ends his Canon viz Christus veniens non verbis tantum nos hortatus est sed factis there should have been only a Comma after factis though Gratian makes a full point as if it concluded the Sentence It immediately follows in Cyprian thus viz. Non verbis tantum nos hortatus sit sed factis post omnes Injurias contumelias passus Crucifixus ut nos pati mori exemplo suo doceret ut nulla sit homini excusatio pro se pro Christo non patienti Cum ille passus sit pro nobis c. In short that which Cyprian saith Christ taught us with Words and Deeds was not that we should Kill Hereticks as Gratian would have it but that we should willingly suffer Death for the Gospel rather than be Idolaters We know that in the case of the Samaritans who were both Hereticks and Idolaters when Iames and Iohn would have had fire from Heaven to Consume them our Blessed Saviour Rebuked them and said that the Son of Man was not come to destroy Mens Lives but to save them Because I love to make no breach among Christians wider and because in p. 260. you have in general mentioned Gratian's Misciting of Cyprian and in p. 261. shewed that Gratian's founding a Tenet on Cyprian or any places out of other Authors giveth it only the weight that Cyprian and they had in their proper Works c. I have here thought it worth while to shew that Papists are under no Moral Obligation by this Canon Si audieris and do believe that the more Sagacious Persons of the Church of Rome do as is said in Pere verons Book you in the page last cited refer to make Gratian's Decrees and the gloss claime nothing of Faith and so even in the country 's of the Pope where the Canon Law is in force this part of the Decrees so wilfully mistaken by Gratian out of Cyprian can bind none in Conscience And therefore as to what you mention of the Roman Catholick Gentlemans observing that the Council of Trent had gone far in the Confirmation of the Canon Law c. I account you have said enough to Answer that Objection For though the Council of Trent hath it in the 25 th Session C. 20. De Reformatione p 623 624. of the Edition at Antwerp in the year 1033 that Praecipit sancta synodus sacros canones concilia generalia omnia necnon alias Apostolicas sanctiones in favorem Ecclesiasticarum personarum libertatis Ecclesiasticae contra ejus violatores editas quae omnia praesenti decreto innovat exactè ab omnibus observari debere tho' other expressions in that Council may seem to confirm some parts of the Canon Law they cannot I think Rationally be extended to confirm any thing therein that was void ab initio and so not obligatory and as this Canon Si audieris appears not to be by Gratians falsification as to Cyprian But how far a Tenet or Principle of this Nature branded by no Index expurgatorius is yet chargeable on the Papacy as approved by it I leave to consideration and do think it great pitty that when a Pope could find leisure by a Bull that I find King Iames the I. mentions in his Works as beginning with Exurge Deus to Damn among other sayings that of Luther Nova vita est optima paenitentia he did not find time to censure this thing in his Canon Law I thank God that I am Embarqued in a Church whose Articles and Canons contain nothing inserted in them by any Falsarius and by which nothing is approved or imposed on me to own contrary to the Liberty purchased for me by my Redeemer You have in p. 71. cited a late Author of the Communion of this Church for saying that Image-Worship invocation of Saints Transubstantiation Purgatory are and will be Learnedly and Voluminously defended on each side to the Worlds End and perhaps in the World abroad it will be so But I agree with you in believing that the Present State of England doth and probable future one of it will here render Voluminous Writings of all Theological Controversies out of Fashion Your p. 170. contains in it one Theological consideration of more value in my Opinion than many Tomes of Controversy viz. that Papists as well as others of Mankind have a right and title to the free and undisturbed Worshipping of God and the confession of the Principles of Religion purchased for them by the Blood of Christ And the very consideration of the Duty incumbent on all Christians to stand fast in this Liberty so dearly purchased for them would if I were in the External Communion of the Roman Catholick Church prevail with me to leave it though there were perhaps no other Argument in the case I have here our great Dr. Iackson on my side in thus Judging in his Treatise of the Church 14th Chapter where having given two Reasons as just and necessary for which Men may and ought to separate themselves from any visible Church and named this as the first Namely when they are urged and constrained to profess or believe some points of Doctrine or to adventure upon some practices which are contrary to the Rule of Faith or Love of God he mentions this as the Second viz. In case they are utterly deprived of Freedom of Conscience in professing what they inwardly believe c. for which he quotes 1 Cor. 7.23 ye are bought with a price be not ye Servants of Men. Although saith he we were perswaded that we could communicate with such a Church without evident danger of Damnation yet in as much as we cannot Communicate with it upon any better Terms than Legal Servants or Bondslaves do with their Masters we are bound in Conscience and Religious Discretion when lawful occasions and opportunities are offered to use our liberty and to seek our Freedom rather than to
Divine Worship on Men as much as your Description doth And the Venetians particularly opposing the Popes Interloping in their Jurisdiction that other thing referred to in your Description is sufficiently known But if by your Description of Popery you intend only to give us a Dictionary of your Sense of the word generally as used by you and that you intend by the Extermination of Popery the Banishing only of those Principles of it that are Irreligionary out of Mens Minds namely the Principles that tend to the Popes Spiritual and Temporal Vsurpations I am not to quarrel with your expressing your own meaning But as I Judge several Roman-Catholick Writers using the Term Popery to intend thereby the Religion of the Church of Rome as for example the Author of the Compendium saying what I before referred to that nothing but Popery or at least its Principles can make the Monarchy of England again emerge or lasting yet as to which a Divine Sentence was in the Mouth of the King when in his Gracious Expressions in Council concerning the Church of England he Judged otherwise and said I know the Principles of that Church are for Monarchy c. and meaning by Popery what was called la Catholicitè I shall say that according to the common acception of the Word Popery were I to explain what I usually mean by it I would declare that I mean not only the Power of the Bishop of Rome but of any General Councils in Imposing Creeds and Doctrines c. on me And I desiring to have all Religionary Errors banished out of my understanding and Loving my Neighbour as my self will desire they may be so out of his and particularly if after he knoweth he is bought with a price he shall think it lawful for him to be a Servant of Men And will not only weigh the Commands and Decrees of any Bishop But of any General Council whatsoever And if in Matters that Import my Salvation I find them contrary to the Bible with a Salvo to the Reverence I owe to all Lawful General Councils I will desire them to excuse me from obeying them Were it not for what you have so well in p. 48. said that the Protestant Religion not making the intention of the Preist essential to the Sacrament of the Eucharist is more strongly assertive of the Real presence there than the Popish Hypothesis and for that great and excellent Notion of yours in your Discourse viz. That Papists and others being bought with a Price that therefore they ought not to be the Servants of Men and my Judging that according to what I have mentioned out of Dr Iackson that you would separate your self from any Church that imposed any thing Magisterially on Mens Faiths I might think that perhaps had you lived in the Reign of Henry the 8 th you would not have separated from the Ecclesia Anglicana as then by Law Established And therefore when by your warm Expressions in p. 47. after you have said that the Protestation that the Protestant Religion requires is such a continual one as is Reiterated upon every fresh Act and Attempt of the Papal Religion upon ours and whereby it would impose Creeds and Doctrines on us contrary to the Liberty of the Church of England as now by Law Established You tell us that We are to shew no Mercy to these Principles of Popery that disquiet the World and on the several occasions offered protest against the Damages that both our King and Country may have from the Rage of Popery I may tell you that this PROTESTANCY amounts to no more than what we read of in the Review of the Council of Trent where in Book 1. and 12 th Chapter the Author refers to the French King by his Embassadors causing a PROTESTATION to be made against the Council of Trent and as appeared by the Oration there made by Mr. Arnold de Ferriers the 22 d. of September 1563. where among other things having mentioned many grievances he saith that according to the Commands of the most Christian King they were constrained CONCILIO INTERCEDERE VT NVNC INTERCEDEBANT by the same Token that that Book relates how thereupon a certain Prelate of the Council of Trent not well understanding the Propriety of the Word Intercedere which the Tribunes were wont of Old to use when thay made their Oppositions and Hinderances asked his Neighbour PRO QVO ORAT REX CHRISTIANISSIMVS But of the French Kings Embassadors protesting not only against Grievances in the Council of Trent but against it self as a Grievance and of some occasions thereof it will come in my way to speak hereafter Nor was there ever any Instrument or Paper Writ with more sharpness of Anger and Scorn in the way of Defiance against Papismus or Popery than H. the 8 ths Protestation against the Council of Trent and yet inclusive too of another Protestation I mean of his Adherence to the Faith then called Catholick That long Protestation calls the Pope by the Name of Bishop of Rome and saith surely except God take away our right Wits not only his Authority shall be driven out for ever but his NAME also shall be forgotten in England Nor did ever any Protestant Writer in Queen Elizabeths or King Iames the First 's time or in our late Fermentation so zealously press the Exterminating of the Papal Power as Henry the 8ths Proclamation about the Abolishing the same Triumph at its being here done And where he saith We have by Good and Wholsom Laws and Statutes made for this purpose EXâ—IRPED ABOLISHED Separated and Secluded out of this our Realm the Abuses of the Bishop of Rome his Authority and Iurisdiction of long time Vsurped c. And the King there Orders all manner of Prayers Oraisons Rubricks Canons of Mass-Books and all other Books in the Churches wherein the Bishop of Rome is NAMED or his Presumptuous and proud Pomp and Authority preferred utterly to be Abolished Eradicate and Razed out and his NAME and Memory to be never more except to his Contumely and Reproach remembred but perpetually suppressed and obscured The Act of 28 of Henry the 8 th before spoken of called an Act for Extinguishing the Authority of the Bishop of Rome was here referred to and which Act and other Acts of Parliament Establishing the Kings Supremacy and Excluding the Pope for ever I mentioned as revived in Queen Elizabeths time after their being repeal'd in Queen Mary's I need not observe to you how this present French King hath likewise lately shewn a very Commendable Zeal for the Exterminating the Vsurpations of the Papal Power in the Business of the Regalia and that the Case of that Kings Power is much altered for the better since D' Ossat Writ to Villeroy from Rome with so much Joy for his having found out an expedient as to the difference between Henry the 4 th and the Pope about the granting to one a Church Dignity in France Namely to have the Words put
AGREED VNTO 6th That that which was made by the Clergy for the Publication of the Council of Trent without the Authority of the King be Repaired and Amended and all such things formerly done in the Estate be Reformed AGREED VNTO Yet if any one wants further Confirmation from Authorities about the Trent Council not having been received in France I may send him to the Synopsis of â—ouncils Writ by Dr. Prideaux sometime Regius Professor of Divinity at Oxford and afterward Bishop of Worcester where the Bishop Writing Chap. 5. and p. 29. of the Trent Council saith This Council cryed up by so many Acclamations and so Solemnly Confirmed by the Seal of of the Fisher the French admitted not But after all this said of the Council of Trent's not having been Published and Received in France if either by the Government or Clergy or Laity there any of the Religionary or Doctrinal points of Faith contained in that Council are inwardly believed and openly professed I leave them and all Mankind to the Exercise of the Liberty wherewith christ hath made them free and will suppose that if after all the Old Protestations of the Government against that Council Roman-Catholicks in France having found the Doctrinal Points of their Faith that were Stated and Determined by former General Councils to be more fully and clearly made out in the Tridentine one did prosess the belief of the same and did refer to that Council when they would give an exteriour Account or Reason of their Faith and did think themselves obliged for the supporting the Vnity of the Roman-Catholick Church to profess the same Doctrinal Points with these Countries where that Council had been received and published I will make this Charitable Construction that they did and do intend no more Diminution of the Regal Rights and Liberties of the Gallican Church thereby than the Nations of Europe did intend a Diminution of their Freedom by receiving any part of the Civil Law of Rome and still continuing the Use and Authority of the same in their Commerce and in the Interpretation of their publick pactions and of the Ius gentium Nor than the Romans did intend to lessen the Rights of their Government by taking their Law of the twelve Tables from Athens nor their Maritime Law from Rhodes and no more than our Roman-Catholick Ancestors did intend a Subjugating of our Laws to the Popes Canon Law against several parts of which they openly protested by the receiving of some other parts of it they thought agreeable to the good of Church and State or than the Government at present intends any Recognition of Foraign Power by any parts of the Civil or Canon Law being still incorporated in our Laws and continuing here to be a part of the Lex terrae QVOAD certain causes Ecclesiastical or Maritime And indeed it must be acknowledged to be for the Honour of the Trent Council that in France and some other Countries where it hath not been received and published its Doctrinal Definitions have yet got ground in the Belief of many Roman-Catholicks on the supposed Merits of the things themselves therein contained and as it hath been for the Reputation of some things in the Civil or Canon Law that on their being thought reasonable our Laws have Adopted them as their own But as with all due Tenderness to all my fellow Christians in France or elsewhere whether Lay or Clerical I forbear to Censure or Reproach them in my most Secret Thoughts for Embracing the Belief of any such Tenets as may be called Religionary though taken up from Trent by them after they have used all the due means for the finding out Truth in the same and do most earnestly pray that God who hath been pleased in Scripture to express his Divine Philanthrophy by the Discreet Love of a Father and the Tender Love of a Mother would bestow the same Blessings on them that I wish for my self and my most near and dear Relations so I should have been glad to have found the like Spirit of Charity Breathing in the Acts of the French clergy with Relation to their Christian Brethren differing from them in points Religionary instead of pronouncing their breach made with them to be founded only on Calumnies after the Pastoral Advertisement of that Clergy to them in the year 1682 and instead of affording them their Compassion for not being able in the three following Years to receive that Faith of that Trent Council which I account from the year 1564. the time of its Confirmation to this Day not to have been Published or Received in that Kingdom and whose Publication may be said to be there yet but as it were in abbeyance and instead of further charging them as Calumniators because of the things Writ against the Romanists by our Whitaker and Downham a hardship I have observed complain'd of in some late Writings of the French Protestants But the great Royal goodness of our Gracious King and the fervent Zeal and Charity of the present Divines of England have made them an amends for what they suffered on the account of those our former great Clergy-Men Yet must it be acknowledged that in one point that Clergy in their Petition to the King doth the Huguenots this Justice as to say the pretended Reformed how great so-ever their Blindness is are not arrived to that height of Folly as to maintain their lawful practice of the Crimes of Imputations and Calumny And I am glad that since the 2 d. of March 1679. so much occasion hath been given by the Popes Condemning the Tenets of the Iesuits about the Doctrine of CALVMNY and their Sicarious Principles for the not charging them on the Church of Rome as approved by it as formerly But on the account of the Horrid Calumnies against Fathers and Councils still continued in the Decrets of the Canon Law and forged with as much Falshood as any could have been by the French Clergy observed in the Case of the pretended Reform'd as I have particularly enough shewn in the Case of Cyprian I may well urge it as an Argumentumad hominem that neither the Pope nor French Clergy should have been Authors of too much Severity to those Reformed on the pretence of their Calumniating the Doctrine of their Church And have been careful not to charge on the Catholicitè as the Term is the Falshood of Gratian and the lachesse of the Popes that so long suffer'd so much Trompery in him to pass for Law And were I at Rome now while the Pope is so worthily busy'd in strengthening the preparations against the Turk in this Conjuncture would not divert him from the same by importuning him to make a better Canon Law for his Flock Nor do I charge on the Gallican Church or State what I have mentioned out of Boerius a President of Parliament there If they hoped by the publication of their Book in France to effect a Reconciliation of Churches there or the Translators of it
Majesties Reign in any Religionary point Yet as to your self I have had reason to guess that you long ago in the late Kings Reign had some Theological Sentiments some what differing from what I took for our Churches Articles and that I speaking to you thereof you reply'd out of Bishop Bramhalls Iust Vindication of our Church that our Articles are not penned with Anathemas or Curses against all those even of our own who do not receive them but used only as an help or rule of unity among our selves Nor have I forgot how you once discoursed to me your opinion of the Tenet that the Souls of good Men do not immediately after Death go up into Heaven nor the Souls of bad Men then immediately down into Hell But that the former than go into a good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the latter into a bad one and that such place was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. inconspicuus as being so not in regard of it self but of us and that our Saviours Soul went 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that this Tenet was more particularly Tertullians and that he describing the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 said 't was a place ubi bonis benè erat malis malè and that good Men did there in Candidâ expectare diem Judicij and that the Expression of aeternitatis Candidati was first taken occasionally from those words of Tertullian and that it seemed suitable to the Measures of Divine Iustice not to give the great Sentence concerning eternal rewards and punishments before the Trial of the Day of Iudgment and that as a Thousand years with God are said to be but one Day the time of that Trial might possibly last so long and that it might else seem a diminutio capitis for Saints to be brought from the Caelum beatorum to the Bar and that somewhat like this notion of the State of Souls after Death the Iews had and likewise all the Fathers for the first four Centuries and when some of them encouraging Men to be Martyrs said that such did uno saltu get up into Heaven and that our Saviour saying in my Fathers House are many Mansions c. and if I go and prepare a place for you I will come again and receive you unto my self tho therefore the good will not be received by Christ into those Mansions till he comes again yet their condition will be much better in the good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then in the most prosperous State here below where they are continually exposed to the Contagion of Sin And as you have in p. 317. mentioned that some of our Protestant Divines owning this Tenet have not been therefore Censured as Popishly affected or maintainers of Purgatory so neither shall I therefore thence infer your owning the Notion of a Purgatory or Limbus nor the usefulness of Praying for any Souls in the Hades and much less that your favouring this notion of Hades by publishing it now as what some of our Protestant Divines favoured was in the least designed by you as any humouring of a Project to reconcile Churches a project that you have expressed to be so ineffectual when some well meaning Men had it in their Heads in a Conjuncture long ago and when Withers a dull Poet of the Age yet a favorite of the vulgus did in his Emblems p. 3 of his ep dedicat as you once told me amuse them with his fancies of the Vnion of Religion And as you have in your preface observed it that the few florid Sheets lately published on the Subject of Toleration have made no other figure than that of the poor resemblances of flowers extracted by Chymical Art out of their ashes and that a little shaking them together in the glass of time must make them presently fall in pieces I have observed likewise that the perhaps well meant Velleities or Wishes or little Essays of some few private Persons that since his Majesties Reign amused any by propounding a Reconciliation of Churches have appeared but like extracted resemblances of the flowers of private Mens proposals of that kind in the Conjuncture before the year 1640 and since his Majesties happy Reign they have been easily shaken in pieces Mr. Prynne in his History of the Tryal of Arch Bishop Laud in p. 191. tells us what a ferment Mr. Adams his Case made in the Vniversity of Cambridge in the year 1637. who Preaching in St. Mary's and there asserting the necessity of Auricular Confession was by Dr. Brownrig the Vice-Chancellor enjoyned to Recant that Doctrine and about which great Heats arose among the Heads of Houses there But the Sharpness of the canons of 40 against Popery shewing the zeal the Arch-bishop expressed in the making of those Canons and of that Clause in the Oath there for the abjuring Popery viz. and that I will not Subject the Church of England to the Church of Rome which Oath the Arch-Bishop in his Defence saith was a more strict Oath than ever was made against Popery in any Age or Church may easily Convince the Sagacious of the Church of Englands Sense then about any Project of Reconciling the Church of England to that of Rome being altogether vain The Arch-Bishop had it seems by long and deep observation found the project of the reconciling of our Church and Romes a thing utterly unpracticable however as to his having been formerly a Visionaire about the possibility of the same I remember I have seen some angry reflections of Dr Williams Bishop of Lincoln against him and Writ with that Bishops own Hand in the Margent of the Arch-Bishops Printed Star-Chamber Speech where over against those passages that seemed to be somewhat trimming in favour of the Church of Rome Bishop Williams wrote the nearer you come to the Church of Rome the further she will fly from your Courtship and Caresses and will tell you that Rusticus es Corydon nec munera curat Alexis But what thing the Reconcilers would be of Churches mean to themselves is sufficiently plain As to the natural meaning of any thing of that nature I call to mind that a Presbyterian Minister speaking to you once of Comprehension and of the Divines of his perswasion and that of the Church of England being that way Reconciled you told him you wished a Coalition of such with the Church of England as were formerly of his Perswasion But that you supposed by his comprehension he desired to be a Comprehensor of some of the Livings of the Divines of the Church of England and that therefore when you found any Divine speak of the Essaying to Reconcile Churches you naturally thought of those Words in the Acts of the Apostles C. 17. v. 18. What will this Babler say and Rendring the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there by Church Robber Altar Robber and Sacrilegious Person as our Broughton did and justifying that your Critical Acception of the word out of the Greek Classick Authors viz. Demosthenes and