assure your consciences that you may incurre these dangers for refusall of the Oath Nor may the Pope bee presum'd to imagâ—ne that he shal re-establish himself in any place which hath escaped and deliuered it selfe from his vsurpations by any Canon Law except he be able to vse that Droict du Canon which Montmorencie the French Constable perswaded his King to vse against a Towne which held out against him CHAP. XI That the two Breues of Paulus the fift cannot giue this assurance to this Conscience First for the generall infirmities to which all Rescripts of Popes are obnoxious And thâ—n for certaine insufficiencies in these THough that which hath beene said in the former Chapter of the Decretall Letters of Popes extend also to these Breues since they are all of the same elements and complexion and subiect to the same diseases and infirmities Yet because these two Breues may bee said to haue beene addressed directly and purposely to giue satisfaction in this particular businesse they may challendge more obedience and lay a more Obligation then those other Decretals which issuing vpon other occasions doe not otherwise concerne the question in hand then by a certaine relation and consequence and comparison of the circumstances which produced them with the circumstances which begot these Breues 2 It seemes that the Pope when hee would restraine the subiects of Princes and keepe them short when he would cut off there naturall and profitable libertie of obeying Ciuill Lawes when he would fetter and manacle them in perplexities and make them doe lesse then they should to the losse of life and liberties he is content to send his Breues But when he will swell and blow vp Subiects with Rebellion when he will fill them with opinions that they may resist the entrances or interrupt the possessions of Princes when hee will haue them doe moâ—e then they should doe then come forth his Buls For they say their Buls are so called out of the tumor and swelling of the Seale And the other because they are dispatch'd vnder a lesse Seale Sub Annulo piscatoris are therefore called Breues For in temporall businesses of forraigne Princes his Letters are euer defectiue or abundant they command too much or too little 3 And as the Popes haue euer beene abstinent in declaring and expressing in certaine and euident tearmes how they haue this temporall Iurisdiction least hauing once ioynde issue vpon some one way all men should bende their proofes against that and being once defeaâ—ed they could be admitted to no other plea then themselues had chosen to adhere to and relie vpon So haue they abstained as much from giuing any binding resolution in the question how farre the ciuill lawes of Princes doe binde the subiects conscience For Nauarâ—us testifies of himselfe and of Caietane and others that it was much desired of the Councell of Trent that it would haue defined something certainely in that point for the want of this definition brought him to contradict himselfe and to hang in a perplexed suspence and various change of opinions fiftie yeares and at last to resolue That Ciuill lawes doâ— not binde the consciences ad Mortale in some such cases as Carninus his Catholique Aduersarie saies It is Haeresi proximum and Temerarium and sometimes Haereticum to say so 4 If therefore we shall follow in this point Carninus his opinion who deliuers as the most common and most probable yea necessarie Doctrine That because Ciuill lawes are no more to be called Humane lawes then Ecclesiastique are for so also Nauarrus confounds the names and that in power of binding Humane lawes that is Ciuill and Ecclesiastique are equall to Diuine law because in euery iust law the power of God is inâ—used And therfore Diuinitas ista as he calls it inheres in all lawes to transgresse them is sin And not only because the Maiestie of God who quickens and inanimates this law by a power deriued vpon his Lieutenant is violated thereby but euen in respect of the matter and Subiect which is in euery law that is The common good and tranquility and to offend against that is to offend against rectified Reason and therefore since This opinion I say being receiued as true and so this law which commaunds this oath made by a lawfull power and for the publique Good and generall tranquility being in possession of the Subiects Consciences and binding them vnder danger of Mortall sinne whatsoeuer can warrant any man to transgresse this law must haue both Authority and Euidence enough to assure the Conscience which till then is bound thereby that either for some Substantiall or for some formall Defect this was neuer any law or that it is Abrogated or that the persons of Catholiques are exempted from it 5 And haue these Breues of the Popes gone about to giue your Consciences as good reasons against the oath as you were possessed withall before for it Are you as sure that these Breues or that any Breues can binde your Conscience in this Case as you were before that the law could And are you as sure that there are Breues as that there is a law 6 If the statute which enacts a Subsidie which by the Kings accepâ—ation becomes a law and so bindes the Conscience should so esteeme the refusall of the payment of his taxation in any person to bee an argument of disloyalty as to make it capitall to refuse it would you thinke that it such a Breue as these are should tell you that you might not pay it with out detriment of Christian faith you might die as Martyrs for refusall thereof 7 If such a Breue should forbid you to suffer your children to bee wards to deliuer land escheated or confiscate to disobey the Kings emprest when hee leuies an Armie or any such act due by conscience to his lawes should this worke so vpon you as to make you incurre the penalties of lawes or suspicion of ill affected subiects Nor can you say that these are meere temporall matters and therefore remoued from his Iurisdiction for all sinne is spirituall and hee is Iudge what is sinne 8 How weake a ground for Martyredome and how vnsufficient to deuest a conscience of an obedience imposed in generall by nature and fastned with a new knot by an expresse law are such sickly and fraile Breues as the smallest and most vndiscernable errour euen in matter of forme doth annihilate for first in the Tiâ—le of Constitutions and Rescripts of Popes which is alwaies the next Title to that of the Trinity and Catholâ—que Faith in all the bookes of the Canon law except those bookes which haue no Title of the Trinity Catholique faith there appeares very many Reasons by which a Breue may bee of no force 9 Alexander the third wâ—iting to an Archbishop of Canturbury giues a rule of large extent That in these kinde of letters that is such as proceede vpon information as our case is
be confer'd and that no woman after a second marriage might be Diaconissa which was to make a law of Bigamy 17 Yea they commanded and instructed in matter of Faith for so Iustinian saies of himselfe we are forward to teach what is the right â—aith of Christians and we Anathematize Apollinarius So also Honorius and Theodosius inflict the punishment of death vpon any Catholique Minister for then neither that name was abhorred by Priests nor they exempt from criminall lawes which shold re-baptize any man and yet this was a meere spirituall offence And so Valentinian and his Co-emperours pronounce marriage betweene Iewes and Christians to be adultery And Iustinian interprets how a Testator shall bee vnderstood when he appoints Christ or an Angell or a Saint to be his heyre 18 Nor deale they onely with temporall punishments vpon Ecclesiastâ—que persons which is farder then is affoorded them now but they inflict also spirituall censures for Gratian and his Co-emperours pronounce against Heretiques that is Impugners of the Nicene councell That they shall be vtterly secluded from the threshold of the Church And in the next law which is against Nestorians they say If the offenders be Laymen Anathematizentur if Clergie men Eijciantur ab Ecclesijs And another of their lawes doth not only inflict temporal ignominious punishmeÌ„t vpon Clergy men but Ecclesiastique censures also in these words If a Clergy man be guilty of fals witnes in a pecuniary causeâ— let him be suspended three yeares and in a criminall let him be depriued And another susspends for three yeares euen Sanctissimos venerabiles Episcopos if they doe but looke vpon players at Tables and that law authorizes him vnder whose power that offender is if he appeare penitent to abbreuiate his punishment and of Bishoppes which will not forsake women it pronounces thus Abiiciantur Episcopatibus And in the matter of establishing and ordering Sanctuaries one of the writers of the Romane parte hath presented ciuill constitutions enow to teach vs that that was within the care and Iurisdiction of secular Princes 19 And when an Emperour had created a Bishop of Antioch contrary to the forme prescrib'd in the Nicene Councell of an intire obseruation whereof the christian Church was extremly zealous the Pope proceedes not by anullings and vociferations but writes thus to the Emperour We may not dissallow that which you haue done holily and religiously out of a loue to peace and quietnes by which we see that Canons of Councels though they were Directions yet they were not Obligations vpon Princes for their gouernement By all which it appeares that those Christian and Orthodoxe Emperors iustifying their inherent right by these frequent and vn-interrupted matters of fact apprehended not this vast and incomprehensible distance betweene secular and ecclesiastique power but that they were compatible enough and conduced and concurred to one perfection and harmony of the whole state 20 And it is related by an Author of great estimation in the Romane profession that Gregory the seuenth was author of a new scisme diuiding and tearing priesthood and principality And it is euident that Bertram a priest vnder Carolus Caluus almost eight hundred yeares since writing of that Diuine and abstruse mysterie De corpore Domini submits his opinion to the iudgement of the King and his Counsaile as competent Iudges of that question and Cochlaeus saith that Luthers doctrine was condemned for hereticall by an edict of the Emperours with the common assent of the Princes and the States And the holy Ghost had well intimated the concurrence of their two powers in Deuter. if those wordes which are in the Text Nolens obedire sacerdotis Imperio Decreto Iudici moriatur were not chaunged by the vulgate edition into Ex Decreto and thereby only the priest made Iudge of the controuersies and the Magistrate onely executioner of his Sentences 21 For certainely these two functions are not in their nature so distinct and Diametrically oppoâ—ed but that they may meete in one matter yea sometimes in one man and one man may doe both for amongst the Gentiles it was so for the most part and sometimes amongst the Israelites And in late times Maximilian the first a Catholique Emperour thought it belonged to the Empire to haue also the Papacy vnited to it and therfore when Iulius the second lay desperately sicke he endeuoured to bring to execution that which he had often meditated and consulâ—ed and receiued as approued from some great persons of dignity in that Church which was to bee elected Pope in the next Conclaue and to restore the Papacy as he thought or pretended to the Emperiall Crowne 22 And if a Lay-man be elected Pope he need not presently be made Priest but he may if hee will stay in Subdiaconatu And to that degree they seeme to admit the Emperour when he comes to be crowned at Rome for at the Communion he administers to the Pope in the place of Subdeacon And this in the Primitiue Church was not as themselues confesse Ordo Sacer though of late it be growne to be such a perplexed case whether it were or no that of those commissioners which two Popes made to suruay the Decretals one company expunged the other re-assumed one place in that book which denies this to haue beene amongst holy Orders 23 The Emperour also puts on a Surplis and is admitted as a Canonick not only of Saint Peters Church but of Saint Iohn Laterane to which particular Churches of which the Pope is Parson as he is Bishoppe of Rome Metropolitane of Italy patriarch of the West and pope of the world all those blessings and priuiledges which are ordinarily spoken of the Catholique Church are said by some to bee irremoueably annexed and appropriate hereupon some of their owne lawyers say That all kings are clergie men and that therefore it is sacriledge â—o dispute of the authority of a King 24 But howsoeuer these two functions since the establing of Christianity haue for the most part beene preserued distinct and ought so to be yet they are at most but so distinct as our Body and Soule and though our Soule can contemplate God of herself yet she can produce no exterior act without the body Nothing in the world is more spirituall and delicate and tender then the conscience of a man yet by good consent of Diuines otherwise diuersly perswaded in Religion the ciuill lawes of Princes doe binde our consciences and shall the persons of any men or their temporal goods be thought to be of so sublimed and spirituall a nature that the ciuill constitutions of Princes cannot worke vpon them Nor doe we therfore decline the comparison so much vrged by the Romanes that the Clergie exceede the Laiety as much as the body the soule when it is so conditioned and qualified as the authors thereof intended it
Testimonie by Practise by Analogie of your doctrine and by Baronius words That you are sent hither to defend the immunities of the Church which deliuers you from all subiection to the King and from being Traytors whatsoeuer you attempt as also to defend the Catholicke Faith which first makes it heresie to depart from the subiection to Rome and then makes it a forfeiture of all Iurisdiction to incurre that heresie Except this be written in the Gospell or practised by the Apostles you cannot be Martyres for this 5 But to descend to reasons of a lower nature of the law of Nations and conueniency and decency since all those which maintaine the Spanish Expeditions and proceedings in the Indies by the strength of the Popes Donation concurre in this That into what place soeuer the Pope or any Princes may send Priests they may also send Armies for the security of those Priests and them whom they haue reduced and since it is euident by all your Writers that the Pope hath more Iurisdiction ouer Christian Princes relapsed from Rome then ouer Infidels might hee not for safe-guard of his Apostles sende Fleetes and armies hither and is it not the common and receiued opinion which Maynardus deliuers that in all cases where the Pope may enioyne or commaund any thing he may lawfully proceede by way of warre against any that hinder the execution thereof If then such armies and Fleets were sent to conduct you and were resisted in their landing or defeated in battell had not they as good title to Martyrdome as you and may not the Pope as well Canonize the whole Spanish Fleete which perished in 88. for your Catholique faith and Ecclesiastique immunitie since in many cases as in the Innocent children of whom Hilary saies that they were exalted to eternity by Martyrdome one may bee an implicite Martyre though he know not why he died so he haue no actuall reluctation against it 6 And it is very probable that their title was bâ—tter then yours for this point of sending because they were vnder the obedience of them which sent thâ—m but for you not to dispute now whether the cause be enough for Martyrdome or whether your obedience can giue it that forme and life and vigour you are so farre from being sent or from exercising any obedience in this act that your first step which is going out of the kingdome is absolutely and euidently disobedience to your Prince before you haue any colour of hauing submitted your selfe to any other superiour and then you enter into the Colledge vppon condition that you may returne and you taâ—e an Oath before hand that you will returne So that you returne not hither in obedience of your Superiour but in performance of your owne vniust and indiscreete Vowes both which in all Vowes are Annulling or vitiating circumstances Neither dooth this Oath so farre binde you to returne though Nauarrus say so but that one of the learnedst of the Iesuites thinkes If that be forborne and some Order of Religion embraced in stead thereof the oath is better performde 7 And if these lawes which take holde of you when you returne hither had been made betweene the time of your vowe and your returning and if they had beene made directly to that end to interrupt and preclude the performance of this Vow yet naturally they would worke the same effect vpon this Vow of yours and make it voide because something was now interpos'd which may iustly yea ought to change your purpose For if that law had beene made before your Vowe had beene vniust from the beginning which is the case of as many of you as haue gone since the making of those prohibitory lawes For a law which forbidds vpon paine of losse of goods death banishment or such bindes a man vpon paine of mortall sinne and therfore no Vow can iustifie the breach thereof 8 All this if the lawes be iust is euident and without question and how could it be euident to all those yong Schollers which went ouer and made this vowe that these lawes were vniust What infallible assurance could they haue of this to excuse them of disobedience in going or indiscretion in swearing 9 Their owne men teach that the lawes of Princes are not therefore necessarily vniust and voide because the Prince had an ill intention in making them As if the Prince propose and purpose particular gaine by exacting the penalty of the law or reuenge vpon certaine persons by executing thereof this makes not your law voide so that it be profitable to the bodie of the Common-wealth much lesse were our lâ—wes in this case subiect to that â—railty and deâ—eseablenesse because they were made to omit in this place the principall inducement for the glorie of God and preseruing his Gospell iâ—purity and integrity in such necessities as without such defence the person of the Prince and the ciuill and Ecclesiastâ—que state must haue â—uffered daily and dangerous fluctuations and perils of shipwracke which dangers continue vpon vs yet and therefore the same physick must be continued 10 For Lawyers teach vs that the word Potest doth often signifie Actum And what the Pope may do their bookes threaten in euery leafe and then against such a man aâ— vseth to doe as much as hee threatens the Lawyers tell vs manyâ— And against such all waies of defence are iust when any danger to vse the extent of Lawyers are Meditated Prepared Likely or Possible for it is a beggerly thing rather to be beholden to others modestie and abstinence then to our owne Counsaile and strength for our securitie So that as when the three Emperours Valentinian Valens and Gratian had made a lawe that no Ecclesiastique person should haue any capacity to receiue from noble women who were then obserued to bee profuâ—e in these liberalities to the detriment oâ— their own estates and of the publique Saint Hierome 〈◊〉 Hee did not grieue that such a law was made but that the couetousnesse of the Clergy had occasioned these most religious Princes to make that law So you ought rather to lament that the Doctrine and practise of some of your principall men hath raised these iealousies and suspitions in a Prince out of the conscience of his owne equalitie naturally confident then murmure at the law or dis-councell the obedience to it 11 For in these cases of naturall preseruation it is not onely lawfull to make new lawes but to breake any other which are not directly Diuine And if you impute the worst condition of these lawes which malignitie can obiect to them which is that those Catholiques which are innocent which meerely out of conscience abstaine from communicating with vs in the Word and Sacraments shall be vtterly starued and depriued of all spirituall sustentation if the lawes which forbid all Priests to enter should be still executed yet that inconuenience will not annull and make voide a law
so farre as that to doe against it shall be a iust cause of Martyrdome for in making of lawes those euils which doe occasionally or consequently aâ—ise from the execution thereof must not be considered but what the principall intention of the law-maker was Which in our case was the preseruation of the publique 12 And yet the Catholiques in England shall for all this be in as good condition here as they should be in any Catholique Countrie which were by the Popes displeasure vnder a locall Interdict which the Popes doe often impose with small respect to the Innocentsâ— for in the late businesse betweene the Church and the State of Venice by the Popes Breues the whole Dominion was Interdicted because the Senate which onely was excommunicated did not within three daies do all those acts which were so derogatory to the Soueraignty of that State And so that punishment which is so seuere by the Canons that as Boniface the eight obserued It occasions many Heresies and indeuotion and many dangers to the soule And as the Glosse saies there by experience it appeared that when a place had lien long vnder an Interdict the people laughed at the Priests when they came to say Masse againe was inflicted vpon many Millions of innocent persons all which if that State had not prouided for their spirituall food by staying the priests had bin in as ill case by that Interdict and euocation of the Clergie as the Catholiques in England were by those lawes of interdicting their entrance considering with how much lenitie in respect of their extreame prouocations they were executed And if that reliefe which Vgolini giues to comfort the Venetians consciences be of any strength which is that that which they loose in spirituall sustenance they gaine in the Merite of obedience it may as effectually worke vpon English Consciences as it could vpon theirs 13 Noâ— is it so harsh and strange as you vse to make it that Princes should make it Treason to aduance some Doctrines though they be obtruded as points of Religion if they inuolue Sedition and ruine or danger to the State for the Law sayes That is Maiestatis crimen which is committed against the securitie of the State and in that place it cals Securitie Tranquilitie And whether our Securitie and Tranquilitie haue not beene interrupted by your doctrine your selues can iudge and must confesse 14 These Lawes against which you complaine drewe not in your Priests which were made in Queene Maries time though they were Catholicke Priests and exercis'd their Priestly function and though they had better meanes to raise a partie in England because they were acquainted with the state and knew where the seedes of that Religion remain'd But in that Catholicke Religion of which they were Priests they found not this Article of Tumult and Sedition and withdrawing Subiects from their obedience 15 Is there not a Decretall amongst you by which it Is made Treason to offend a Cardinall which is a Spirituall offence For it is also Sacriledge And is â—here not another bâ— which Aâ—â— practisers by Simoney in a conclaue though they be Ambassadours of other Princes are punished as Traytors And if their Masters seise not their goods confiscate by this Treason within a certaine time the Church may Doeth not one of your owne Sect vâ—ge a Statute in Poland against a Gentleman of that Nation That whosoeuer shall be infected or suspected of heresie shall be apprehended as a Traytor by any man though he bee no Officer And we Dispute not now whether your Doctrine be Heresie but whether such points of Religion as are no Articles oâ— Faith nor deriued from them if they be Seditious may not be punished as Treason and properly enough call'd Treason In which Pius the second haâ—h clear'd vs and giuen vs satisfaction who sayes That to appeale to a future Councell is not onely Heresie but Treason And Simancha concurres to that purpose wâ—en hee sayes That they which haue beene teachers of Heresie cannot be receiued though they recant in Iudgement because it is enough to forgiue one fault but such are guiltie of two deaths and must bee punished as enemies to the State And that therefore he whiâ—h attempts to corrupt the King or his Queene or his Children with Heresie is guiltie of Treason 16 And that there is a Ciuill trespasse in Heresie as well as a Spirituall appeares by confiscation of their goods in your Courts which goods and temporall detriments though the offenders bee pardoned and receiu'd into the bosome of the Church and so the Spirituallâ— offence be remitted are neuer to be restoredâ— noâ— repaiâ—d If therefore the Canon Lawe can extend to create Treason in a Spirituall causeâ— If amongst you as it is Heresie to beleeue â—o it is Treason to teach that there is no Purgatorie shall it not be lawfull to a Soueraigne and independent State to say by a Law That he which shall teach That a Priest cannot be a Traytor though he kill the King and except a King professe intirely the Romane Faith he hath lost all title and Iurisdiction and shall corrupt the Subiects with such seditious instillations as these shall be guiltie of Treason 17 The Parliament of Paris in that Arrest and sentence by which it condemn'd â—he Iesuites Scholler Chaâ—tel who attempted to murder the Kâ—ng makes it Treason to vtter those scandalous and seditious wordsâ— which hee had spoken and which he had receiu'd from False and damnable instructions whereâ—n it intimâ—tes the â—esuites whom the â—entence in other plâ—ces name directly which words are expressed or implâ—ed almost in all the Iesuits Booâ—es of State matters That sentence also pronounces all the Iesuites Corâ—upters of youth â—roublers of the Peace enemies of the King and State And if they depart not within certaine daies Guiltie of Treason And this sentence pronounces That if any of the Kings Subiects should send his Sonne out of the Realme to a Iesuites Colledge hee should incurre treason 18 And though your Expurgatorie Index can reach into all Libraâ—ies and eate and corrupt there more then all the Moathes and Wormes though you haue beene able to expunge yea euert and demolish the Pyramis erected in detestation of you by this Arrest yet your Deleatur will neuer stretch to the scarre in the Kings face nor your Inseratur restore his Toothe nor your expunctions arriue to the Recordes which preserue this sentence 19 And came it thinke you euer into the opinion of the Catholickes of France that if a man by vertue or example and precedent of this Arrest had beene Executed as a Traitor for speaking those forbidden words or for sending his Sonne to the Iesuits he should haue beene by the Catholicke Church reputed a Martyr 20 When the Iesuits were lately expell'd from Venice and when other Priests which stai'd there were commanded by Lawes to doe their functions did either the Iesuites apprehend this opportunitie of Martyrdome
Euident and vndeniable authoritie of Nature or Scripture nor by Deductions and conclusions necessarily deriued and issuing from thence any Conscience had suâ—ficient assurance to incurre these dangers 3 If since by some arguments of probabilitie and of Conueniencie or by some propositions propagated deduced from those first principles oâ— Nature and Scripture by so many descents and Generations that it is hard to trie whether they doe truly come from that roote or no any Conscience haue slackned it selfe and so be straied and dissolued and scattered by this remiâ—nesse and vacillation it ought rather to recollect it selfe and returne to those first ingrafâ—ed principles then in this dissolute and loose distraction to suffer an anxious perplexitie or desperately to arrest it selfe vpon that part which their owne Rules giuen to reduce men in such deuiations and settle them in suâ—h wauerings cannot assure him to be well chosen nor deliuer and extricate him in those laborinths 4 For let the first roote and parent of all propositions in this matter of Obedience be that which we know by nature That we must obay such a power as can preserue vs in Peace and Religion and that which wee find in Scrâ—ptures Let euery Soule be subiect vnto your higher powers And let vs drawe downe a Pedigree and Genealogie of reasons and conclusions deriued from this The eldest and that to which most reuerence will belong will be the Interprâ—tation of the Fathers vpon this place which is as your owne men confesse That the Apostle speakes rather of Regall and Secular power then of that which you call Ecclesiasticke 5 Let vs then pursue the line of which the first end is Kings must be obeyed It followes Therfore they must be able to commaund iustly therfore they must haue some to enable and instruct them therefore they must doe according to their instruction therefore if they doe not they are subiect to their corrections therefore if they be incorrigible they are no longer Kings and therefore no subiect can sweare perpetuall Obedience to his person who by his owne fault and his superiours Declaration may growe to be no King 6 Now as no man can beleeue the last of these propositions as roundly and constantly as the first because though it seeme to be the childe of the first yet in it self or in some of the meane parents by the way there may be fallacies which may corrupt and abastard it so is there no other certaine rule to trie it but to returne to the first principles and see if it consist with them For if it destroy the first it degenerates and rebels and we may not adhere to it And if the first may still consist without it though this may seeme orderly and naturally deduced from thence yet it imposes not so much necessity vpon vs as the first doth for that bindes vs peremptorily this as it is circumstanced and conditioned 7 And though these circumstances giue it all the life it hath so that to make it obligatory or not so depends vpon them yet it is impossible to discerne those circumstances or vnentangle our consciences by any of those Rules which their Casuists vse to giue who to stengthen the possession of the Romane Church haue bestowed more paines to reach how strongly a conscience is bound to doe according to a Scruple or a Doubt or an Opinion or an Errour which it hath conceiued then how it might depose that Scruple or cleare that Doubt or better that Opinion or rectifie that Errour 8 For That we may at once lay open the infirmity and insufficiency of their Rules and apply the same to our present purpose What vse and profite can those Catholiques which doubt whether they may take that Oath make of that Rule that they must follow in doubtfull points that opinion which is most common and generall For though this be vnderstood of the opinion of such men as are intelligent and vnderstanding and conuersant in the matter in question yet oftentimes amongst them both sides say This is the common opinion and who can iudge it Yea many circumstances change the common opinion For saies Azorius it fals out often that that which was not the common opinion a few yeares since now is And that that which is the common opinion of Diuines in one Countrie is not so in another As in Spaine and Italy it is the common opinion That Latreia is due to the Crosse which in France and Germany is not so And Nauarrus sâ—ies That at Rome no man may say that the Councell is aboue the Pope nor at Paris that the Pope is aboue the Councell Which deuision also there is amongst them in a maine point which shakes their Doctrine of the Popes being immediately from God since they cannot agree Whether at the Popes death his power remaine vpon the earth or flie vp to heauen He is a Catholique and a temperate discreete Authour which notes That the writings of Catholique men haue something in them which must be allowed to the times when they writ which being more diligently examined by them which follow are found exorbitant from the soundnesse of faith which hee speakes of those that denie that the lawes of ciuill Magistrates doe bind the conscience And after â—peaking against them which thinke That if we vndergoe the penaltie of â—he law we do not sinne in the breach therof he saies it was the opinion of some Schoolemen who thought it a glorious matter and fit to raise them a name to leaue the common and beaten wayes hauing perchance a delight sawcily to prouoke tognaw to calumniate to draw into hatred those powers and authorities which made those lawes 8 And if of late daies The opinion of refusing the Oath become the more common opinion it is vpon some of these circumstâ—nees that at these times when Catholiques are called to professe ciuill obedience in this place where Iesuites are in possession of most hearts to get reputation or to auile secular Magistracy they haue suddenly made it the more common for they can raise the Exchange in an howre and aduance and crie downe an opinion at their pleasure But to determine of mortall sinne as the taking of this Oath must be if it be matter enough to aduenture these dangers for it the same Authour saies well doth not so much appertaine Ad pulpita Canonistarum as it doth ad Cathedras Theologorum and therefore it ought to be tried by the principles of Diuinity not by the circumstanciall ragges of Casuists But to goe forward with them if this Common Opinion were certaine and if it were possible to discerne it yet it doth not so binde vs but that we may depart from it when another opinion is safer And from that opinion which is safer wee may also in many cases depart For whichâ— those examples which Carbo a good Summist alleages may giue vs satisfaction which are If I doubt
of the Councell of Trent and yet proâ—est against this temporall iâ—risdiction And doth not another Catholique say That when a lay man sweares Obedience to the Pope according to that Oath of Pius the fourth it must be restrained in his vnderstanding onely to his spiriuall power Herein therefore is no vniuersall consent And are not they which seeme to maintaine this temporall power so diuided amongst themselues that in a mutinie and ciuill dissention they rather wound one another then any third enemie when they labour more to oâ—erthrow the way by which this temporall iurisdiction is claimed then to establish the certaintie of the matter it selfe And though such things as appeare to vs euidently and presently out of the Scriptures binde our assent and beleefe though wee may dispute about the way and manner as no man denies the conception of our blessed Lady though it be disputed whether shee were conceiued with original sinne or without it And though those things which appeare to vs out of the first intrinsique light of Nature and reason claime the same authoritie in vs as no man doubts whether he haue a soule or no though many dispute whether â—e haue it by infusion from God or by propagation from our parents yet in things further remoued and which are directed by more wheeles and suggestionâ— and deducements we cannot know certainely enough for so great a vse as to testifie them in this fashion as we speake of that they are except we know first how and in what manner they are As if a man be conuented before a Iudge â—especially when he is bound in conscience not to answere except he be his competent Iudge as you teach when Ecclesiastique persons are called to Secular tribunals he cannot be sure that man is his competent Iudge except he know first whether he haue that authority as Ordinary or by speciall Commission Though therefore in this point in question for a pious credulity and generall intention to aduance the dignity of the Church of Rome a Catholique may haue an indigested and raw opinion that this power is in the Pope yet when he examines himselfe and calls himselfe to account he must first know how it is before he can resolue that it is And though he may erre in the manner by which he beleeeues it to be in him yet certainely he must arest himselfe vpon some one of those waies by which the Pope is said to haue that Iurisdiction or else hee doth not answere his conscience that askes him how he knowes it and if his conscience doe not aske him he is in too drowsie and stupid a fit to be a Martyr Since therefore all his authority must be Direct or Indirect Ordinary or Extraordinary as he is Pope or not as he is Pope whosoeuer will seale with his blood the auerment of this Iurisdiction auerres one of these waies how it comes to him Which being so he cannot iustly be called a Martyr since he only is a Martyr whom all the Churcâ— esteeâ—es to be so And he which should die for maintenance of Direct power should neuer be admitted into such a Martyrologe as the fauourers of Indirect power should compile nor these into the other And if two should come to execution together vpon occasion of denying this Oath of which one refused it because hee thought the Pope Direct Lorde the other Indirect if they forbore hard words to one another at that time doubtlesse in their consciences they would impute to one another the same errours and the same falshoods of which they inter-accuse one another in their bookes and neither would beleeue the other to be a true Martyr And might not a dispassioned and equal spectator apply to them both seuerally that Rule of the law That to that which is forbidden to be had by one way one may not be admitted by another Especially since a Lawyer which hath written on that side takes the aduantage of this Rule against Princes when he saies That they haue no Iurisdiction vpon Clergie mens goods because this were indirectly to haue iurisdiction vpon their persons which being saies he forbidden to be had one way may not be permitted another It was saide to Pompey when hee wore such a scarfe about his legge as Princes wore about their head That it was all one in which place he wore the Diademe and that his Ambition appeared equally in either And so ought this indirect power though it pretend more tamenesse and modestie aueâ—t men as much as the other for Bellarmine can finde as good an Argument for Peters Supremacie out of Christs washing his feete as his appointing him to kill and eate which is saies hee the office of the Head So that from head to foote all arguments serue his turne But to turne a little back to this point of knowledge since the conscience is by Aquinas his definition Ordo scientiae ad aliquid and an Act by which wee apply our knowledge to some particular thing the Conscience euer presumes Knowledge and we may noâ— especially in so great dangers as these doe any thing vpon Conscience if we doe it not vpon â—nowledge For it is not the Conscience it selfe that bindes vs but that law which the Conscience takes knowledgâ— of and presents to our vnderstanding And as no â—gnorance excuses vs iâ— it be of a thing which wee ought to know and may attaine to â—o no misconceiued knowledge bindes our conscience in these dangers if it be of a matter not pertinent to vs or to which wee haue no such certaine way of attaining that we can iustly presume our Knowledge to be certaine For though in the questions raised by Schoolemen of the Essence and Counsailes of God and of the Creation and fall and Ministerie of Angels and such other remoued matters to the knowledge whereof God hath affoorded vs no way of attaining a man may haue some such knowledge or opinion as may sway him in an indifferent action by reasons of conueniencie and with an apparant Analogie with other points of more euident certainty yet no man may suffer any thing for these points as for his Conscience because though he haue lighted vpon the truth yet it was not by any certaine way which God appointed for a constant and Ordinarie meanes to finde out that truth And if this refusall of the Oath and implication of a power to depose the King be a matter pertinent to vs that we are bound to know it As all men in generall are bound to know the principles and elements of the Christian faith and the generall precepts of the law And euery particular man is bound to know those things which pertaine to his state and office Then euery Subiect which doth not know this is in an inexcuâ—able and damnable ignorance which was the case of as many as did at first or do yet allow the taking of the oathâ— Or if it be not so immediat to vs
morall certitude that it were sinne in them who are vnder the obedience of that Church not to obey the iust Decrees of the present Pope or quarrell at his Electionâ— The Councell of Constance as another Iesuite vrges it hath decreed that this iust feare of which we speake Doth make voide any such Election of the Pope And that If after the Cardinals are deliuered of that feare which possessed them at the Election they then ratifie and confirme that Pope yet he is no Pope but the Election voide So farre doeth this iust feare which cannot be denied to bee in your case extend and vpon so solemne and solid Acts and Decrees is it able to worke and prouide vs a iust excuse for transgressing thereof And in a matter little different from our case Azorius giues the resolution That if an hereticall Prince commaunds his Catholicke Subiectes to goe to Church vpon paine of death or losse of goods if hee doe this onely because he will haue his Lawes obeyed and not to make it Symbolum Hereticae prauitatis nor haue a purpose to discerne therby Catholickes from Hereticks they may obey it And the case in question fals directly and fully within the rule For this Oath is not offred as a Symbole or â—oken of our Religion nor to distinguish Papists from Protestants but onely for a Declaration and Preseruation of such as are well affected in Ciuill Obedience from others which either haue a rebellious and treacherous disposition already or may decline and sinke into iâ— if they bee not vphelde and arrested with such a helpe as an Oath to the contrary And therfore by all the former Rules of iust feare this last of Azorius though there were an euident prohibitory act against the taking of the Oath yet it might yea it ought to be takenâ— For agreeable to this Tolet cyteâ— Caietans opinion with allowance and commendations That the Declaration of the Church that subiects may not adhere to their King if he be excommunicated extends not to them if thereby they be brought into feare of their liues or losse of their goods For in Capitall matters saies your great Syndicator it is lawfull to redeeme the life per fas nefas which must not haue a wicked interpretation and therefore must be meant whether with or against any humane lawes which he speakes out of the strength and resultance of many lawes and Canons there alleadged And therfore it can neuer come to be matter of Faith that subiects may depart from their Prince if this iust feare may excuse vs from obeying as these Authors teach for that neuer deliuers vs in matters of so strong obligation as matter of Faith from which no feare can excuse our departing To conclude therefore this Chapter since later propositions either Adulterine or Suspicious cannot haue equall authority and credite with the first and radicall trueth much lesse blot out those certaine and euident Anticipations imprinted by nature and illustrated by Scriptures for ciuill obedience since the Rules of the Casuistsâ—or â—or electing opinions in cases of Doubt and perplexity are vncertaine and flexible to both sides since that Conscience which we must defend with our liues must be grounded vpon such things as wee may and doe not onely know but know how we know them since these iust feares of drawing scandall vpon the whole cause and afflictions vpon euery particular Refuser might excuse the transgression of a direct law which had all her formalities much more any opinions of Doctors or Canonists I hope we may now pronounce That it is the safest in both acceptations both of spirituall safety and Temporall and in both Tribunals as well of conscience as of ciuill Iustice to take the Oath CHAP. IX That the authority which is imagined to be in the Pope as he is spirituall Prince of the Monarchy of the Church cannot lay this Obligation vpon their Consciences first because the Doctrine it selfe is not certaine nor presented as matter of faith Secondly because the way by which it is conueyed to them is suspitious and dangerous being but by Cardinall Bellarmine who is various in himselfe and reproued by other Catholiques of equall dignity and estimation WEe may bee bold to say that there is much iniquity and many degrees of Tyranny in establishing so absolute and transcendent a spiritual Monarchy by them who abhorre Monarchy so much that though one of their greatest Doctors to the danger of all Kings say That the Pope might if hee thought it expedient constraine all Christians to create one temporall Monarch ouer all the world yet they allow no other Christian Monarchy vpon Earth so pure and absolute but that it must confesse some subiection and dependencie The contrarie to which Bellarmine saies is Hereticall And yet there is no Definition of the Church which should make it so And hereby they make Baptisme in respect of Soueraintie to bee no better then the bodie in respect of the soule For as the bodie by inhaerent corruption vitiates the pure and innocent soule so they accuse Baptisme to cast an Originall seruitude and frailtie vpon Soueraintie which hauing beene strong and able to doe all Kingly offices before contracts by this Baptisme a debilitie and imperfection and makes Kings which before had their Lieutenancie and Vicariate from God but Magistrates and Vicars to his Vicar and so makes their Patents the worse by renewing confirming 2 Nor doe they only denie Monarchie to Kings of the Earth but they change the state and forme of gouernment in heauen it selfe and ioyne in Commission with God some such persons as they are so farre from beeing sure that they are there that they are not sure that euer they were heere For their excuse that none of those inuocations which are vsed in that Church are so directly intended vpon the Saints but that they may haue a lawfull interpretation is not sufficient For words appointed for such vses must not only be so conditioned that they may haue a good sense but so that they may haue no ill So that to say That God hath reserued to himselfe the Court of Iustice but giuen to his Mother the Court of Mercie And that a desperate sicke person was cured by our Lady when he had no hope in Physitians nor much in God howsoeuer subtill men may distill out of them a wholesome sense yet vulgarly and ordinarily they beget a beliefe or at least a blinde practise derogatorie to the Maiestie and Monarchie of God 3 But for this spirituall Monarchie which they haue fansied I thinke that as some men haue imagined and produced into writing diuers Idaeas and so sought what a King a Generall an Oratour a Courtier should be So these men haue only Idaeated what a Pope would be For if he could come to a true and reall exercise of all that power which they attribute to him I doubt not but that Angell which hath so long serued
and approued but commended and commanded and as he addes after Canonized and determined for Canonicall law and authorized and set forth for Sacred and Authenticall whatsoeuerâ— For they continue stâ—ll that practise which Frederic the Emperour obserued in his time when they interdictâ—d his Kâ—ngdome of Sicily Offundunt bibulis auribus Canonâ—s 27 And when they list to vrge a Canon any litle rag torn or fallen off from â—hence must bind the Church de fide as a cathedrall and Decretall resolâ—â—ion for so saies he that made the Notes vppon Cassianus excusing Origen Chrysostome some other Fathers for inclining to Platoes opinion of allowing some vse of lies in wise men That it was lawfull till the Church had defined the contrary But now saies he the Pope hath decreed it And how hath he decreed it In a letter vpon a question of Vsurie the Pope saies Since the Scriptures forbid lies euen for defense of any mans life much lesse may vsury be permitted But if in this question of lying the band did not aâ—ise out of the euidence and truth of the matter it selfe but relied vppon the authority of the Popes declaration and decision can such a ragge casually and incidentally fall into a letter of another purpose by way of comparison binde the whole Church De fide when as though Sixtus 4. had so much declared himselfe to fauour the opinion of our Ladies conception without originall sinne that he had by one Canon instituted a particular Festiuall thereof and appointed a particular Office for â—hat day with many Indulgences to the obseruers thereof yet the fauourers of the contrary opinion forbore not for reuerence of that Canon to preach publiquely against that Doctrine till some yeares after he forbad it vnder paine of Excommunication by another Canon that any should affirme that she was conceaued in originall sinne and yet this is not esteemed as yet for all this to be decreed as a matter of faith in that Church yea it is so farre from it that after all these solemnities and preiudices of that Pope yet the Commissioners of Sixtus the fift and Gregory the thirteenth appointed to expunge all dangerous passages in the Canons in the Glosse vpon that Canon which reckons all the festiuall daies which are to be obserued haue left these words vntouched The Conception of our Lady is not named because it ought not to be kept though in England and some other places it be And the reason is because she was conceaued in originall sinne as all but Christ were And after the Iesuite of whom I spoke before had refreshed that Doctrine That a Confession of a person absent made by letters was Sacramentall and Clement the eight was so vehement against it that by a solemne decree he condemned it for false rash and scandalous at least and commaunded that no man should speake of it but by way of condemning it and excluded euen dumbe men from this benefiâ— yet another Iesuite since a great Doctor perplexorum findes escapes to defend that Doctrine from beeing Hereticall 28 So that though in trueth there goe verie many Essentiall formalities to such a Decree as bindes the conscience De fide yet these men when they need the Maiestie of a Canon will euer haue feâ—ters in all corneâ—s to holde all consciences which offâ—r to slip or breake from them and still oppresse them with waights and with Mountaine of Canons Which way the Canonists doe noâ— only approue as the most conuenient to hold men in that Religion because the Canons are more easily vâ—ried and flexâ—ble and appliable to occasionâ— then the Scriptures are but also because ordinâ—rily the Canonists haue no other learning they think the way by Canons to be the fittest means to reduce them whom they call Heretiques For so sayes one of them in his booke to the present Pope with mâ—ch aâ—uâ—enesse certainty and subtilty The Canons may well be alleadged against Heretiques because they alleadge Scriptures and they cannot know Scriptures by any other way then Canons 29 But besides that I haue giuen you sufficient light to look into the deformity and coâ—ruption of the Canons which GOD forbid any should vndeâ—stand me to meâ—ne of Canons in that sense and acceptation that the Ancients receaued it which is of the Constitutions of Orthodox Councels for I take it here as your Doctors do as your Confessors doe for the whole body of the Canon law extant before I enteâ— into the suruay of those paâ—ticular Canons which vsually are obtruded in this point of the Popes temporall Supremacie I will remember you briefly of some of those reâ—sons and occasions such as may be fittest to vn-entangle your consciences and deliuer them from perplexiâ—ies in which the Canons doe not binde vs to theâ—r obseruation 30 Oâ— which one of the most principall and important is That Canons doe neuer binde though they be published and knowledge taken of them except they bee recâ—aued and practised in that Country So saies Gratian Lawes are instituted when they are published but confiâ—med when they are put in practise And therefore saies he none are guilty of transgressing Telesphorus Decree that the Clergie should fast fiftie dayes because it was neuer approued by practise No more doth the Decree of Aâ—exander the third though vnder excommunication That in Armies there should bee abstinence for reuerence of certaine dayes binde any manâ— because it was not practised which opâ—nion Nauarre also followes and a late Canonist writing to this Pope calls it Singularem et Magistralem et a toto mundo allegatum And vpon this reason the Councell of Trent bindes not yet in some Countries in neither Tribunall of conscience or the outward censures of the Church because it is not receaued 31 And can you finde â—hat any such Canons as enable the Pope to depose a Prince haue beene admitted by our Princes and practisâ—d as ordinarie and currant law Or can you finde any Canon to this purpose with the face and countenance oâ— a law made by the Popes in reposed peaceable times deliuered quietly as a matter of Doctrine and conscience and so accepted by the Church and state For if in temporall Scismes and differences for temporall matters betweene the Popes and other Princes the Popes to raise or maintaine a party against their enemies haue suffered seditioâ—s Bulls and Rescripts to passe from them to facilitate and effect their enterprises then in hand this is farre from the nature of a law and from being accepted and practised and so iustified as it may be drawne into consequence and haue power and strength to binde the conscience 32 And as acceptation giues life to law so doth disuse or custome to the contrarie abrogate it And howsoeuer a superstition toward the Canons may still be preserued in some of you yet the generall state that is the same authority by which those
Canons were receaued before which euer had anie strength here hath disused them pronounced against so many of them as can fall within this question that is Such as bee derogatorie to the Crowne For if these lawes bee not borne aliue but haue their quickning by others acceptation the same power that giues them life may by desertion withdraw their strength and leaue them inualid 33 And thus much seemed needfull to be said in the first part of this chapter that you might see how putrid and corrupt a thing it is which is offered to you vnder the reuerend name of Canons And that though this Cannon law be declined and extenuated when we vrge it yet euery Sentence thereof is equall'd to Diuine Scripture and produced as a definition of the Church when it may worke their ends vpon your consciences which for diuers reasons issuing out of their owne rules should now be deliuered from that yoake THE SECOND PART FOr the second place in this Chapter I reserued the consideration and suruay of those Canons which are Ordinarily vsurped for defence of this temporall Iurisdiction In which my purpose is not to amasse all those Canons which incline toward that point of which condition those which exexempt the Clergy from secular Iurisdiction and very many other are but onely such as belong more directly to this point to which the Oath stretches That is whether the Pope may depose a Soueraine Prince and so we shall discern whether your consciences may so safely relie vpon any resolution to be had out of the Canons that you may incurre the dangers of the law for refusall thereof 2 Of which Canons though I will preâ—ermit none which I haue found to haue beene vrged in any of their Authours I will first present those Fower which are alwaies produced with much confidence and triumph Though one Catholique Author which might be aliue at the making of the Clementines for he liued and flourished about 1350 and Clement the fift died not much before 1320. haue drawen these foure Canons into iust suspition for thus he saies of them The Pastors of the Church putting their Hooke into another mans Haruest haue made foure Decretals which God knowes whether they be iust or no But I doe not beleeue yet I recall it if it be erroneous that any of them is agreeable to Law but I rather beleeue that they were put forth against the libertie of the empire 3 The fiâ—st is a letter of Innocent the third who was Pope about 1199. to the Duke of Caringia the occasion of which Letter was this Henry the son of Frederic the first of the house of Sueuia succeeding his Father in the Empire had obtained of the Princes of Germany to whom the Election belonged to chuse as Successoâ— to him his sonne Henry but hee being too young to gouerneâ— when his father died they tooke thereby occasion though against their Oath to leaue him being also dâ—sirous â—o change the stocke and chuse an Emperour of some other race By this meanes was Duke Berâ—holdus by some of the Prâ—nces elected but resign'd againe to Philip brother to the dead Emperour in whom the greatest number consented But some of the other Princes had called home out of England Otho of the house of Saxony and elected him Here upon arose such a schisme as rent that country into very many parts And then Innocent the third an actiue and busie Pope for it was he which so much infested our King Iohn sent his Legate into those parts vpon pretence of composing those differences And being in displeasure with the house of Sueuia for the Kingdome of Sicily which was in their possession but pretended to by the Church his Legate disallowed the election of Philip and confirmed Otho But some of the Princes ill satisfied with the Legates proceeding herein complained thereof to the Pope in aunswere whereof the Pope writes to one of them this Letter In which handling his Right of confirming the elected Emperor though he speake diuers things derogatorie to the dignity of Princes discoursiuely and occasionally yet is not this letter such a Decree as being pronounced Cathedrally in a matter of faith after due consultation should binde posteritie but onely a direction to that person how he ought to behaue himselfe in that businesse 4 The Letter may be thus abridged VVe acknowledge the right of the Election to be in the Princes especially because they haue it from the Apostolicke Sea which transferred the Empire vnto them But because we must consecrate the Person elected we must also examine his fitnesse Our Legate therefore did no Acte concerning the Election but the person elected Wee therefore repute OTHO Emperour For if the Electors would neuer agree should the Apostolicke Sea alwayes be without a defender We haue therfore thought it fit to warâ—e the Princes to adhere to him For there are notorious impediments against the other as publicke Excommunication persecuting the Church and manifest periurie Therefore wee commaund you to depart from him notwithstanding any Oath made to him as Emperour 5 And is there any matter of Faith in this Decretall Or any part thereof Is it not all grounded vpon matter of fact which is the Translation oâ— the Empire which is yet vnder disputationâ— Doe not many Catholicke writers denie the verie act of Transferring by the Pope And saye That the people being now abandoned and forsaken by the Easterne Emperours had by the law of Naâ—ure and Nations a power in themselues to choose a King And doe not those which are more liberall in confessing the Translation denie that the Popes Consecration or Coronation or Vnction inâ—uses any power into the Emperor or works any fartâ—er then wâ—en a Bishop doeth the same ceremonies to a King Is it not iustly said that iâ— the Emperour must stay for his Authoritie till the Pope doe these acts he is in worse condiâ—ion by this increase of his Dominions then he was before For before he was Emperour and had a little of Italy added to him there was no doubâ— but that he had full iurisdiction in his owne Dominions before these Ceremonies and now hee must stay for them 6 And may not the Popes question in this leâ—ter be well retorted thus If the Pope will not crowne the Emperour at all shall the Empire euer lacke a head For the Pope may well be presumed to be slacke in that office because he pretends to be Emperour during the vacancie But besides that an ouer earnest maintaining of this that the Emperour had no iurisdiction in Italy before these Ceremonies would diminish and mutilate the patrimonie of the Church of which a great part was confeâ—red and giuen by Pipin beâ—ore any of these ceremonies were giuen bâ— the pope the glosser vpon the Clementines is liquid round in this point when he sayes That these ceremonies and the taking of an Oath are nothing and that now Resipiscente mundo the world being
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
PSEVDO-MARTYR Wherein OVT OF CERTAINE Propositions and Gradations This Conclusion is euicted THAT THOSE WHICH ARE of the Romane Religion in this Kingdome may and ought to take the Oath of Allegeance DEVT. 32.15 But he that should haue beene vpright when he waxed fatte spurned with his heele Thou art fat thou art grosse thou art laden with fatnesse IOB 11.5 But oh that God would speake and open his lips against thee that he might shew thee the secrets of wisedome how thou hast deserued double according to right 2. CHRO 28.22 In the time of his tribulation did he yet trespasse more against the Lord for he sacrificed vnto the â—ods of Damascus which plagued him LONDON Printed by W. Stansby for Walter Burre 1610. TO THE HIGH AND Mightie Prince IAMES by the Grace of God King of Great Britaine France and Ireland defender of the FAITH Most mightie and sacred Soueraigne AS Temporall armies consist of Press'd men and voluntaries so doe they also in this warfare in which your Maiestie hath appear'd by your Bookes And not only your strong and full Garisons which are your Cleargie and your Vniuersities but also obâ—cure Villages can minister Souldiours For the equall interest which all your Subiects haue in the cause all being equally endanger'd in your dangers giues euery one of vs a Title to the Dignitie of this warfare And so makes thoâ—e whom the Ciuill Lawes made opposite all one Paganos Milites Besides since in this Battaile your Maiestie by your Bookes is gone in Person out of the Kingdome who can bee exempt from waiting vpon you in such an expedition For this Oath must worke vpon vs all and as it must draw from the Papists a profession so it must from vs a Confirmation of our Obedience They must testifie an Alleageance by the Oath we an Alleageance to it For since in prouiding for your Maiesties securitie the Oath defends vs it is reason that wee defend it The strongest Castle that is cannot defend the Inhabitants if they sleepe or neglect the defence of that which defends them No more can this Oath though framed withall aduantagious Christianly wisedome secure your Maiestie and vs in you if by our negligence wee should open it either to the aduersaries Batteries or to his vnderminings The influence of those your Maiesties Bookes as the Sunne which penetrates all corners hath wrought vppon me and drawen vp and exhaled from my poore Meditations these discourses Which with all reuerence and deuotion I present to your Maiestie who in this also haue the power and office of the Sunne that those things which you exhale you may at your pleasure dissipate and annull or suffer them to fall downe againe as a wholesome and fruitfull dew vpon your Church Commonwealth Of my boldnesse in this addresse I most humbly beseech your Maiestie to admit this excuse that hauing obserued how much your Maiestie had vouchsafed to descend to a conuersation with your Subiects by way of your Bookes I also conceiu'd an ambition of ascending to your presence by the same way and of participating by this meanes their happinesse of whome that saying of the Queene of Sheba may bee vsuâ—p'd Happie are thy men and happie are those thy Seruants which stand before thee alwayes and heare thy wisedomeâ— For in this I make account that I haue performed a duetie by expressing in an exterior and by your Maiesties permission a publicke Act the same desire which God heares in my daily prayers That your Maiestie may very long gouerne vs in your Person and euer in your Race and Progenie Your Maiesties most humble and loyall Subiect IOHN DONNE A TABLE OF THE CHAPTERS handled in this Booke CHAP. I. OF Martyrdome and the dignity thereof CHAP. II. That there may be an inordinate and corrupt affectation of Martyrdome CHAP. III. That the Roman Religion doth by many erroneous doctrines mis-encourage and excite men to this vitious affectation of danger first by inciting secular Magistracy Secondly by extolling the value of Merites and of this worke in special by which the treasure of the Church is so much aduanced And lastly by the doctrin of Purgatory which by this act is said certainly to be escaped CHAP. IIII. That in the Romane Church the Iesuits exceed all others in their Constitutions and practise in all those points which beget or cherish this corrupt desire of false-Martyrdome CHAP. V. That the Missions of the Pope vnder Obedience whereof they pretend that they come into this Kingdome can be no warrant since there are laws established to the contrary to giue them or those which harbor them the comfort of Martyredome CHAP. VI. A Comparison of the Obedience due to Princes with the seuerall Obediences required and exhibited in the Romane Church First of that blinde Obedience and stupiditie which Regular men vow to their Superiours Secondly of that vsurped Obedience to which they pretend by reason of oâ—r Baptisme wherin we are said to haue made an implicite surrender of our selues and all that we haue to the church and thirdly of that obedience which the Iesuits by a fourth Supernumerary vow make to be disposed at the Popes absolute will CHAP. VII That if the meere execution of the function of Priests in this Kingdome and of giuing to the Catholiques in this land spiritual sustentation did assure their consciences that to dye for that were martyrdome yet the refusall of the Oath of Alleageance doth corrupt and vitiate the integrity of the whole act and dispoile them of their former interest and Title to Martyrdome CHAP. VIII That there hath beene as yet no fundamental 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 heauy and capitall penalties of this law 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 therof CHAP. IX That the authority which is imagined to be in the Pope as he is spiritual Prince of the monarchy of the Church cannot lay this Obligation vpon their Consciences First because the Doctrine it selfe is not certaine nor presented as matter of faith Secondly because the way by which it is conueyed to them is suspitious and dangerous being but by Cardinall Bellarmine who is various in himselfe and reproued by other Catholiques of equall dignity and estimation CHAP. X. That the Canons can giue them no warrant to aduenture these dangers for this refusall And that the Reuerend name of Canons is falsly and cautelously insinuated and stolne vpon the whole body of the Canon law with a breefe Consideration vpon all the bookes thereof and a particular suruay of all those Canons which are ordinarily cyted by those Authours which maintâ—ine this temporall Iurisdiction in the Pope CHAP. XI That the
two Breues of Paulus the fift cannot giue this assurance to this Conscience First for the generall infirmities to which all Rescripts of Popes are obnoxious And then for certaine insufficiencies in these CHAP. XII That nothing requir'd in this Oath violates the Popes spirituall Iurisdiction And that the clauses of swearing that Doctrine to bee Hereticall is no vsurping vpon his spirituall right either by preiudicating his future definition or offending any former Decree CHAP. XIII That all which his Maiesty requires by this Oath is exhibited to the Kings of Fraunce And not by vertue of any Indult or Concordate but by the inhaerent right of the Crowne CHAP. XIIII Lastly That no pretence eyther of Conuersion at first Assistance in the Conquest or Acceptation of any Surrender from any of our Kings can giue the Pope any more right ouer the Kingdome of England then ouer any other free State whatsoeuer AN ADVERTISEMENT TO the Reader THough I purposed not to speake any thing to the Reader otherwise then by way of Epilogue in the end of the Booke both because I esteemed that to be the fittest place to giue my Reasons why I respited the handling of the two last Chapters till another time and also because I thought not that any man might well and properly be called a Reader till he were come to the end of the Booke yet because both he and I may suffer some disaduantages if he should not be fore-possessed and warned in some things I haue changed my purpose in that point For his owne good therefore in which I am also interessed I must first intreat him that he will be pleased before hee reade to amend with his pen some of the most important errors which are hereafter noted to haue passed in the printing Because in the Reading he will not perchance suspect nor spy them and so he may runne a danger of being either deceiued or scandalized And for my selfe because I haue already receiued some light that some of the Romane profession hauing onely seene the Heads and Grounds handled in this Booke haue traduced me as an impious and profane vnder-valewer of Martyrdome I most humbly beseech him till the reading of the Booke may guide his Reason to beleeue that I haue a iust and Christianly estimation and reuerence of that deuout and acceptable Sacrifice of our lifes for the glory of our blessed Sauiour For as my fortune hath neuer beene so flattering nor abundant as should make this present life sweet and precious to me as I am a Moral man so as I am a Christian I haue beene euer kept awake in a meditation of Martyrdome by being deriued from such a stocke and race as I beleeue no family which is not of farre larger extent and greater branches hath endured and suffered more in their persons and fortunes for obeying the Teachers of Romane Doctrine then it hath done I did not therefore enter into this as a carnall or ouer-indulgent fauourer of this life but out of such reasons as may arise to his knowledge who shall be pleased to read the whole worke In which I haue abstained from handling the two last Chapters vpon diuers reasons whereof one is that these Heads hauing beene caried about many moneths and thereby quarrelled by some and desired by others I was willing to giue the Booke a hasty dispatch that it might cost no man much time either in expecting before it came or in reading when it was come But a more principall reason was that since the two last Chapters depend vpon one another and haue a mutuall Relation I was not willing to vndertake one till I might perseuere through both And from the last chapter it became me to abstaine till I might vnderstand their purposes who were formerly engaged in the same businesse For the first Discouerie giues some title to the place and secludes others without the Discouerers permission And in men tender and iealous of their Honour it is sometimes accounted as much iniurie to assist as to assault When therefore I considered that the most Reuerend and learned Sir Edward Coke Lord chiefe Iustice of the coÌ„mon Pleas whom they which are too narrow to comprehend him may finde arguments enow to loue and admire out of the measure and proportion of his malice who hath written againsâ— him since wee ought to loue hâ—m so much as such men hate him had in this point of Iurisdiction laid so solid foundations raised so strong walls perfited his house vpon so sure a Rocke as the lawes of this Kingdome are And when I saw that as the diuell himselfe is busiest to attempt them who abound in strength of Grace not forbearing our Sauiour himselfe so an ordinary Instrument of his whose continuall libels and Incitatorie bookes haue occasioned more afflictions and drawne more of that bloud which they call Catholique in this Kingdome then all our Acts of Parliament haue done had oppugned his Lordships Booke and iterated and inconculcated those his oppositions I could not know whether his Lordship reserued any farther consideration of that matter to his owne leasures or had honoured any other man with his commandement or allowance to pursue it Till therefore I might know whether any such were embarqued therein as would either accept my Notes and dignifie them with their stile or submit their Notes to my method and the poore apparell of my language or vndertake it entirely or quit it absolutely as a body perfit already by that forme which his Lordship hath giuen it I chose to forbeare the handling thereof at this time One thing more I was willing the Reader should be forewarned of which is that when he findes in the printing of this Booke oftentimes a change of the Character hee must not thinke that all those words or sentences so distinguished are cited from other Authors for I haue done it sometimes onely to draw his eye and vnderstanding more intensly vpon that place and so make deeper impressions thereof And in those places which are cited from other Authors which hee shall know by the Margine I doe not alwayes precisely and superstitiously binde my selfe to the words of the Authors which was impossible to me both because sometimes I collect their sense and expresse their Arguments or their opinions and the Resultance of a whole leafe in two or three lines and some few times I cite some of their Catholique Authors out of their owne fellowes who had vsed the same fashion of collecting their sense without precise binding themselues to All or onely their words This is the comfort which my conscience hath and the assurance which I can giue the Reader that I haue no where made any Author speake more or lesse in sense then hee intended to that purpose for which I cite him If any of their owne fellowes from whom I cite them haue dealt otherwise I cannot be wounded but through their sides So that I hope either mine Innocence or their own fellowes guiltinesse
proue that Conclusion So that as if it pleased him to haue said so definitiuely without arguing the case the Decretall had beene as perfit and binding as it is after all his reasons and argumentation so doe not his Reasons bind our reason or our faith being no part of the Definition but leaue to vs our liberty for all but the Definition it selfe 46 And a Catholique which beleeues by force of this Decretall That he cannot be saued except he obay the Pope is not bound to beleeue thereâ—fore that these words of S. Iohn There shall be one sheepe-folde and one sheepheard are meant of a Subiection of all Christian Princes to the Pope as this Decretall by way of Argument sayes but he may be bold for all this to beleeue an elder Pope that this is spoken of ioyning Iewes and Gentiles in one faith or Theophilact That this proues one God to be the sheepheard of the olde and new Testament against the Maniches Nor is he bound because this Decretall saies it by the way to beleeue that the words in Saint Luke Behold here are two swords to which Christ did not answere It is too much but it is enough doe proue the spirituall and temporall swords to bee in the disposition of the Church but he is at liberty for all this to bâ—leeue Chrysostome That Christ by mentioning two swords in that place did not meane that they should possesse swords for what good sayes he could two swords doe but he forwarned them of such persecutions as in humane iudgement would neede the defence of swords Or he may beleeue Ambrose That these two swords are the sword of the Worde and the sword of Martyrdome of which there is mention in S. Luke A sword shall passe thorow my soule So that these swords arme them to seeke the truth and to defend it with their liues or hee may beleeue S. Basil who saies That Christ spoke Prophetically that they would encline to vse swordes though indeede they should not doe so Both which expositions of Chrysostome and Basil a Iesuite remembers and addes for his owne opinion That Christ did not confirme two Swords to the Church by Saying It is enough but onely because they could not vnderstand him he broke off further talke with them as we vse when we are troubled with one who vnderstands vs not to say T is well T is enough 47 For Bellarmine is our warrant in this case who saies That those wordes intimate no more but that the Apostles when persecution came would be in as much feare as they who would sell all to buy swords and that Pope Boniface did but mystically interprete this place 48 And as the exposition of other places there cited by Boniface and his diuers reasons scattered in the Decretall â—al not within the Definition therof noâ— binde our faith so doth it not that those wordes spoken by God to Ieremy I haue set thee ouer the nations and ouer the Kingdomes and to plucke vp and roote out to destroy and to throw downe to build and to plant are veâ—ifiâ—d of the Ecclesiastique power though he say it But any Catholique may boldly beleeue that they were spokeÌ„ only to Ieremy who had no further Commission by them but to denounce and not to inflict those punishments For it were hard if this Popes Mysticall expositions should binde any man contrary to his oath appointed by the Trent Councell to leaue the vnanime consent of the Fathers in expounding these Scriptures and so an obedience to one Pope should make him periured to another The last Dâ—finition therefore of this Decretall which was first and principally in the purpose and intention of this Pope which is Subiection to him is maâ—ter of faith to all them in whom the Popes Decreâ—s beget faiâ—h but temporall Iurisdiction is not hereby imposed vpon the conscience as matter of faith 49 But because this Canon was suspiciously penn'd and perchance misinterpretable and bent against the kingdome of France betweene which state and the Pope there was then much contention so that therefore it kept a iealous watch vppon the proceeding of that Church Clement the fifâ— who came to be pope within foure yeares after the making of this Canon made another Decree That by this Definition or Declaration of Boniface that Kingdome was not preiudiced nor any more subiect to Rome then it was before the making of that Decree And though it was not Clements pleasure to deale cleerely but to leaue the Canon of Boniface as a stumbling blocke still to others yet out of the whole History this will result to vs that if this temporall Iurisdiction which some gather out of this Canon were in the Pope Iure Diuino hee could not exempt the kingdome of Fraunce and if it were not so no Canons can create it But euen this exemption of Clement proues Bonifaces acte to be Introductory and new for what benefite hath any man by being exempted from a Declaratorie law when for all that exemption â—ee remaines still vnder the former law which that declares So that nothing concerning temporall Iurisdiction is defined in that Canon but it is newly thereby made an Article of faith that all men must vpon paine of damnation be subiect to the Church in spirituall causes from which Article it was necessary to exempt France because that kingdome was neuer brought to be of that opinion 50 And in the last Volume of the Canon law lately set out in the Title De Rescrip Mand. Apost there is one Canon of Leo the tenth and another of Clement the seuenth which annull all Statutes and ciuill constitutions which stoppe Appeales to Rome or hinder the execution of the Popes bulles and inflicts Excommunication and Interdicts the Dominions of any which shall make or fauor such Statutes But because these Canons doe not define thisâ— as matter of faith I doubt not but the Catholiques of England would bee loath to aduenture the daungers which our Lawes inflict vpon such as seeke Iustice at Rome which may be had here And they doe though contrarie to these Canons in continuall practise bring all their causes into the Courtes of Iustice here which if the Canons might preuaile belong'd to Rome 51 And these be all the Canons which I haue mark'd either in mine owne reading of them or from other Authors which write of these questions to bee cited to this purpose Those which concerne Ecclesiasticke immunitie or the Popes spirituall power I omitted purposelyâ— And of this kind which I haue dealt withall I doubt not but some haue escaped me But I may rather be ashamed of hauing read so much of this learning then not to haue read all 52 Heere therefore I will conclude that though to the whole body of the Canon Law there belong'd as much faith and reuerence as to the Canons of the old Councels yet out of them you can finde nothing to