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A20647 Pseudo-martyr Wherein out 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 allegiance. Donne, John, 1572-1631. 1610 (1610) STC 7048; ESTC S109984 230,344 434

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to be Hereticall and that since there was a Canon of a generall Councell pretended for the con●rary opinion and that it was followed by many learned men it were too much boldnesse for a priuate man to a●erre it to be Hereticall I am willing to deliuer them of that scruple 37 It is no strange nor insolent thing with their Authors to lay the Note of Heresie vpon Articles which can neither be condemned out of the word of God nor are repugnant to any Article of faith for Castrensis that he might thereby make roome for traditions liberally confesses That there are many Doctrines of the Heretiques which cannot be refelled by the testimonie of the Scriptures And the Iesuite Tannerus is not squeamish in this when hee allowes thus much That in the communion vnder one kinde and in fasts and in feasts and in other Decrees of Popes there is nothing established properly concerning faith So that with you a man may be subiect to the penalties so to the infamie so to the damnation belonging to an Heretique though hee hold nothing against the Christian faith 38 But wee lay not the Name of Heresie in that bitter sense which the Canons accept it vppon any opinion which is not aga●nst the Catholique faith Which faith wee beleeue Leo to haue described well when hee saies That it is singular and true to which nothing can be added nor detracted and we accept S. Augustines signific●tion of the word Catholique wee interpret the name Catholique by the Communion with the whole world which is so Essentiall so truly deduced out of the Scriptures that a man which will speake of another Church then the Communion of all Nations which is the name Catholique is as much Anathematized as if he denie the Dea●h and Resurrection of Christ. And what is this Essentiall truth so euident out of Scripture which designes the Catholique Church Because sayes Augustine the same Euangelicall truth which tells vs the Death and Resurrection tells vs also That Repentance and R●mission of sinnes shall be preached in his Name through all Nations That therefore is Catholique faith which hath beene alwaies and euery where t●ught ●nd Repentance and Remission of sinnes by the Death and Resurrection o● Christ and such truthes as the Gospell teaches are that Doctrine which coagulates and gathers the Church into a body and makes it Catholique of which opinion Bellarmine himselfe is sometime as when he argues thus whatsoeuer is Heresie the contrarie thereof is veritas fidei for then it must be ma●ter of faith And an errour with pertinacie in those points onely should bee called Heresie in that heauie sense which it hath in a Papists mouth 40 Castrensis foresaw this Danger of Recrimination and retorting vpon themselues t●is opprobrious name of Heretique if they were so forward to impute it in matters which belonged not to f●ith for accordingly he saies They amongst vs which doe so easily pronounce a thing to be Heresie● are often striken with their own arrow fall into the pit which they digged for others And certainly as t●e Greeke Church by vsing the same st●●nesse and r●gour towards the Romane as the Romane vses towards the other Westerne Churches which is not onely to iustifie their opinions but to pronounce the contrarie to be Heresie hath tamed the Romane writers so farre as to con●esse that t●ey condemne nothing else in t●eir opinion and practise of consecrating in a different bread but that they impose it as a necessitie vpon all other Churches and hath extorted a Decretall from Pope Eugenius That Priests in Consecrating not onely may but ought to follow the custome of that Church where they are whether in leauened or vnleauened bread and ●nnocent the thi●d required no more of them in this point but that they would not shewe so much detestation of the Romane vse therein as to wash and expiate their Altars after a Romane Priest had consecrated So if it should stand with the wisedome and charity of the Reformed Church Iurid●cally to call all the Addi●ions which the Romanes haue made to the Catholique faith and for which wee are departed from them absolute and formall Heresie though perchance it would not make them ab●ndon their opinions yet I thinke it would reduce them to a mo●e humane and ciuill indifferencie to let vs without imposing t●eir traditions enioy our own Religion which is of ●t self in their cōfession so free frō Heresie that they are forced to ma●e this all our Heresie that we will not ad●it theirs 41 Ye● somethings haue so necessary a consequence and so immediate a dependance vpon the Articles of faith that a man may be bolde to call the contrary Hereticall though no Defi●ition of any Councell haue pronounced it so● yea som● Notions doe so precede the Articles of our faith that the Articles may be said to depend vpon them so far●e as they were frustrate if those prenotions were not certaine Of that sort is the immortal●ty of the soule without which the worke of redemption we●e vaine And therefore it had beene a viti●ous tendernesse and irreligious modesty if a man du●st not haue called it Hereticall to say that the soule was mortall till Leo the tenth in the Laterane Councell Decreed it to bee Heresie For though Bellarmine in one place req●ire it as Essentiall in an Heresie I hat● haue beene condemned in a Councell of Bishoppes yet he saies in another place That the Popes alone without Councels haue condemned man● Heresies 42 And this liberty hath beene vsed as well by Epiphanius and S. Augustine in the purer times as by Castrensis and Prateolus in the later Romane Church and of late yeares of those which adhere to Caluins Doctrine by Danaeus and of Luthers followers by Schlusselbergius all which in composing Catalogues of Heretiques haue mentioned diuers which as yet no generall Councel hath condemned So did the Emperours in their const●tutions pronoun●e against some Heresies of which no Councell had determined So did the Parliament of Paris in their sentence against Chastell for the assassinate vppon the person of this King of France pronounce certaine words which he had sucked from the Iesuits and vttered in derogation of Kings to bee Seditious Scandalous and Hereticall 42 And if the Oath framed by order of the Councell of Trent and ra●ified and enioyned by the Popes Bull be to be giuen to all persons then must many men sweare somethings to be of the Catholique faith and some other things to be Hereticall in which he is so farre remooued from the knowledge of the things that he doth not onely not vnderstand the signification of the wordes but is not able to sound nor vtter nor spell them 43 And hee must sweare many things determinately and precisely which euen after that Councell some learned men still doubt As that a license to heare confessions in euery Priest
not confesse vppon ●hat racke they must bee vtterly expunged as wee noted of others before 12 And vpon this superabundant value of the merite of Martyredome Bellarmine builds that conclusion which wee now condemne which is That because many martyres haue but fewe sinnes of their owne and their passion is of a large and rich satisfaction a mightie heape of Satisfaction superabounds fr●m martyrs And so they being sent hither as Factors to encrease that banke and Treasurie it appears ● thinke sufficiently that this doctrine of merit●s dooth mis-prouoke and inordina●ly p●●forward inconside●ate men to this vitious ●ffec●ation of Martyrdome To which also the Doc●●ine of Purgatory contributes as much perswasion THE THIRD PART OF PVRGATORY AS Morbizan the Turke being mooued by a Bul of Pius 2. by which he granted Indulgences to all thē that would take Armes against him by a Letter to the Pope required him to call in his Epigrammes againe And as a great learned man of this time calls Panlus the fifts Excommunication against the Venetians Dirum Carmen And as Bellarmine saies of Prudentius when he appoints certain Holydaies in Hect Paenarum celebres sub styge feriae That he did but play More poetico So all discourse of Purgatorie seemes to me to bee but the Mythologie of the Romane Church and a morall application of pious and vseful f●bles 2 To which opinion Canus expresses himselfe to haue an inclination when he saies That men otherwise very graue have gathered vp rumours and transmitted them to posterity either too indulgent to themselues or to the people and that Noble Authors haue beene content to thinke that that was the true law of History to write those things which the common people thought to be true And this censure he forbears not to lay vpon Gregory and Bede by which two so many fabulous things were conuaied to posterity To which ingenuity in Canus Lypsius his Champion saies iudgement● But in this onely their discretion and an abstinence from a slippery and inconsiderate creduli●ie is in q●estion and euen in matter of iudgement in as good iudgement as this Authour hat● Canus w●l● iustly enough in that Church haue a good ●oo me And if this Authour as hee pre●ends ●n that pl●ce acc●pt none of these fables but such as the authoritie and iudgement of the Church hath approued either many of the Stories must loose their credit or els the Popes that approued them 3 Who haue beene wisely and prouidently most liberall and carefull to affoord most of that sustentation of Approuing to ●hose things that were of themselues most weake and indeffensible● so so S. Brigids Reuelations are not onely approued by Boniface the ninth but confirmed by Martin the fift Both which hauing concurred to her canonization one reason why it was done on her part is because at her marriage being at thirteene yeares of age and her husband eighteene she vowed one yeares continency and the reason on the Popes part was That there might some goodnesse proceede out of the North for she was o● Swethland According to which superstition in their Mysterious ceremonies when the Gospell is song all other parts being done towards the East hee must turne to the North from whence all euill is deriued and where the Diuels dwell But for all their barbarous and prophane despite and contumelies which they impute not to the Diuell but to Princes and all sorte of people beyond their Hilles their Stories are full of the memorie of Benefites which Sea hath receiued from Northern Princes and Binius confesses that the remote and Northerne people did so much honour the Romane Church that whomsoeuer they hea●ed to sit in that Chaire and to be Pope though but in name without any discussion of his entrance they reuerenced him as S. Peter himselfe which saies he is a wonderfull thing to be spoken Which imputation since Binius laies vpon Northerne Catholiques they are fairely warned to bee more circumspect in their obsequiousnesse to that Church without discussing the persons and the matter which is commaunded them 4 But to returne to this Comique-Tragicall doctrine of Purgatory if Canus weigh nothing with them Sir Thomas Moore of whose firmenesse to the integrity of the Romane fa●th that C●urch neede not be ashamed intimates as much when he saies That hee therefore vn●ertooke to transl●te Lucianus Dialogue Philopseudes to deliuer the world from superstition which was crept in vnder Religion For saies he superstitious lies haue beene tolde with so much authority that a Cosoner was able to perswade S. Augustine thog● a graue man a vehement enemy of lies that a tale which Lucian had before derided in this Dialogue was thē newly done in his daies Some therfore think● saies he that they haue made Christ beholden to them for euer if they inuent a fable of some Saint or some Tragedie of hell to make an olde woman weepe or tremble So that scarce the life of any Martyr or virgine ●ath escaped their lies which makes me suspect that a great part of those fables hath beene ins●rted by Heretiques by mingling therof to withdraw the credite due to Christian Histories 5 And in our daies Philip Nerius the Institutor of the last Order amongst them who was so familiar in heauen whilst hee liued vpon earth that he was faine to intreat God to depart further from him And to draw back his minde from heauenly matters and turne them vpon earthly before he was able to say Masse And could heare the Musique and Symphonie of the Angels And could distinguish any vertue or any vice by his smelling This man I say was euer an enemie to these Apparitions and vsed to say That God would not take it ill not to be beleeued though he should truly appeare to vs in any shape And to a Scholler that tolde him that our Lady appeared to him in the night he said next time she comes spit in her face which he did and found it to be the diuell Nor did hee easily beleeue possessions but referred it commonly to the indispositions of the body and suspecting iustly the same diffidence in others which he found in himselfe hee prayed to God that he would worke no miracles by him 6 So that not onely for feare of illusions and mistaking bad spirits for good for for that their greatest Authors which haue writ of that subiect euen in these cleare curious times are still confident that An euill spirit what shape so euer hee appeare in may be knowne by his feete or hands And that he is euer notoriously deformed either by a Tayle or by Hornes And that hee will van●sh if one vse him as Friar Ruffin did who when the diuell appeared to him ordinarily in the forme of Christ crucified by S. Francis his counsaile said to him Open thy mouth implebo stercore and thereupon was deliuered from that
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 b●tter then yours for this point of sending because they were vnder the obedience of them which sent th●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 ta●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 l●wes in this case subiect to that ●railty and de●eseablenesse because they were made to omit in this place the principall inducement for the glorie of God and preseruing his Gospell i●purity and integrity in such necessities as without such defence the person of the Prince and the ciuill and Ecclesiast●que state must haue ●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 a● vseth to doe as much as hee threatens the Lawyers tell vs many● 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 profu●e in these liberalities to the detriment o● 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 a●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 Innocents● 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 No● 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 ●here not another b● which A●● 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 v●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 o● 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 ha●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 w●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 whi●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 Spirituall● offence be remitted are neuer to be restored● no● repai●d If therefore the Canon Lawe can extend to create Treason in a Spirituall cause● If amongst you as it is Heresie to beleeue ●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 ●he Iesuites Scholler Cha●tel who attempted to murder the K●ng makes it Treason to vtter those scandalous and seditious words● which hee had spoken and which he had receiu'd from False and damnable instructions where●n it intim●tes the ●esuites whom the ●entence in other pl●ces name directly which words are expressed or impl●ed almost in all the Iesuits Boo●es of State matters That sentence also pronounces all the Iesuites Cor●upters of youth ●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 Libra●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
Matrimony and others of others and he must sweare That he beleeues Purgatory Indulgences and veneration of Reliques and hee must sweare That all things contrary to that Co●ncell are hereticall And this oath is not onely Canonized as their phrase is by being inserted into the body of the Canon law but it is allowed a roome in the Title De Summa Trinitate fide Catholica and so made of equall credite with that And that oath by which the Cardinals are bound to the maintenance of the Church priuileges is conceiued in so strong and forcible wordes that Baronius calls it Terribile Iuramentum saies that the only remembring of it inflicts a horror vpon his minde and a trembling vpon his body 7 And with equall diligence are those oathes framed which are giuen to the Emperours when they come to be Crowned by the Pope For before he enters the land of the Church he takes one oath Domino Papae iuro that I will exalt him with all my power And before he enters Rome he sweares that he will alter nothing in that Gouernement And before he receiues the Crowne he sweares that he will protect the Popes person and the Church And in the creation of a Duke because hee might haue some dependance vpon another Prince the Pope exhibites to him this oath I vow my reuerence and obedience to you though I be bound to any other 8 So did Gregory the seuenth exact a curious oath of the Prince of Capua that he would sweare Alleageance to the Emperour when the Pope or his Successors should admonish him thereto and that when hee did it he would doe it with reseruation of his Alleageance to the Pope And so when the Emperour Henrie the seuenth though he confessed that he had swo●ne to the Pope yet denied that hee vnderstood that Oath to be an Oath of Alleageance or Fidelity the Popes haue tooken order not onely to insert the oath into the body of the Canon Lawe but to enact thereby That whosoeuer tooke that Oath after should account and esteeme it to bee an Oath of Alleageance 9 With how much curiositie and vnescapablenesse their formes of Abiuration vnder oath are exhibited They thought they had not giuen words enow to Berengarius till they made h●m sweare That the body in the Sacrament was sensibly handled broken and ground with the teeth which he was bound to sweare Per Homousion trinitatem And they dressed and prepard Hierome of Prage an oath in the Councell of Constance by which he must sweare freely voluntarily or else bee burned and simplie and without condition To assent to that Church in all things but especially in the Doctrines of the Keyes and Ecclesiastick immunities and reliques and all the ceremonies which were the most obnoxious matters 10 But yet this seem'd not enough And therefore though Castrensis say That there is no Law by which he which abiures should bee bound to abiure any other Heresie then that of which he was infamed yet hee sayes that it stands with reason that he should abiure all And accordingly the Inquisition giue an oath in which sayes hee Nulla manet rimula elabendi For he must sweare That he abiures all Heresies and will alwayes keepe the faith of Rome And that he hath told all of others and of himselfe and euer will doe so And that if he doe not he renounces the benefit of this Absolution and will trouble the Court with no more dayes of hearing but sayes he Ego me iudico 11 And if wee doe but consider the exacte formes and the aduantagious words and clauses which are in their Exorcismes to cast out and to keepe out Diuels they may be good inducements and precedents to vs how diligent we should be in the phrase of our Lawe● to expell and keepe out Iesuites and their Legion which are as craftie and as dangerous 12 When therefore it was obserued that not onely most of the Iesuites Bookes which tooke occasion to speake either of matter of State or Morall Diuinitie abounded with trayterous and seditious Aphorismes and derogatorie from the dignitie of Princes in generall but that their Rules were also exemplified and their speculations drawne into practise in this Kingdome by more then one Treason and by one which included and exceeded all degrees of irreligion and inhumanity then was it thought fit to conceiue an oath whose end and purpose and scope was to try finde out who maintained the integrity of their naturall and ciuill obedience so perfectly as to sweare that nothing should alter it but that he would euer do his best endeuour to the preseruation of the Prince what enemie so euer should rise against him 13 And if any of the materiall words or any clause of the Oath had beene pretermitted then had not the purpose and intent of the Oath beene fulfilled That is no man had auerr'd by that oath that he thought himselfe bound to preserue the King against All enemies which to doe is meere Ciuill obedience For though the generall word of Enemie or Vsurper would haue encluded and enwrapped as wel the Pope as the Turke when either of them should attempt any thing vpon this Kingdome● yet as it hath euer beene the wisdome of all States in all Associations and leagues to ordaine Oathes proper to the busines then in hand and to the imminent dangers So now it was most necess●rie to doe so because the malignitie of men of that perswasion in Religion had so violently broke foorth and declar'd it-selfe Which happie diligence the effect praises and iustifies enough since it appeares that if these particular clauses had not beene inserted they would haue swallowed any Oath which had beene presented in generall termes and haue kept their Consciences at large to haue done any thing which this Oath purpos'd to preuent 14 He therefore that should desire to bee admitted to Sweare that hee would preserue the King against all his enemies Except the Pope or those whom he should encourage or imploy Or that he would euer beare true Allegeance Vntill the Pope had discharged him or that he● would discouer any conspiracie which did happen before the Pope did authorize it Or that he would keepe this Oath Vntill the Pope gaue him leaue to breake it this man should be farre from performing the intent and scope of an Oath which should be made for a new attestation that hee would according to his naturall duetie and inborne obedience absolutely desend the King from All his enemies 15 I make no doubt but the Iesuites would haue giuen way to the Oath if it had beene conceiu'd in generall words of All obedience against all Persons for it were stupiditie to denie that ●o be the dutie of all Subiects Nor would they haue exclaim'd that spirituall Iurisdiction had beene infringed if in such times as their Religion gouern'd here this clause had beene added to defend the King Though
faith the Romane Church I say traducing our doctrine with as much intemperance and sower language giues vs example to call all their errours Hereticall And so when Drusius in his owne defence against a Iesuite who had called him Heretique saies That Heresie must be in fundamentis fidei the Iesuite replies that euen that assertion of Drusius is Heresie 51 And this doctrine and position which this Oath condemnes will lacke nothing of formall and absolute Heresie if those notes bee true by which Bellarmine designes Heresie and saies that if that be not Heresie to which those Notes agree there is no heresie in the world For as he requires to constitute an heresie we can note the Author to haue beene Gregory the seuenth the place to haue been Rome the time betweene fiue and 600 yeares past And that it began with a few followers for sometimes but fifteene● sometimes but thirteene Bishops adherd to Gregory when euen the Bishops of Italy fauoured the other part And that it appeared with the admiration of the faithfull for so it is noted to haue beene Nouum scisma And that contradiction and opposition was made by all the Imperiall Clergy and much of Italy it selfe ● And for that which is the last note proposed by Bellarmine that it bee condemned by a Councell of Bishops and all faithfull people though that haue not yet beene done because God for our sinnes hath punished vs with a Dearth of Councels and suffered vs in a hunger and rage of glory and false constancie to eate and gnaw vpon one another with malignant disputations and reprochfull virulencies yet when his gracious pleasure shall affoord the Church that reliefe wee doe iustly hope it will haue that condemnation and so be a ●onsummate heresie because no Pseudo-Councels as yet haue beene able to establish the con●ra●ie 52 And though these markes and certaine notes of Heresie be tyrannically and cau●elously put by Bellarmine because it is easie to name manie Heresies in which many of these markes are wanting of which wee know neither Parents Country nor age and which in●inuated themselues and got deepe roote in the Church before they made any noise or trouble in the state thereof an● at the first breaking out were countenanced with many and mighty fauourers and which no generall Councell hath yet condemned yet as I said we refuse not these marks but submit this opinion to that triall whether it be properly Hereticall or no. For it will as well abide this triall as an other proposed long before by S. Augustine That hee is an Heretique which for any Temporall aduantage and aduancement of his Supremacie doth either beget or fo●low false and new opinions Which seemes directly spoken of this Temporall Supremacie to which also S. Paul may iustly bee thought to haue had some relation when he reckons Heresie amongst the workes of the flesh and worldly matters 53 But leauing this exact and subtill appellation of Heresie let him whom that scruple deterrs from the oath That hee must sweare the doctrine to be Hereticall consider in what sense our law vnderstands the word in that place 54 The Imperiall Law layes an imputation vpon that man Qui Saeua verborum praerogatiua fraudulenter contra ●uris sententiam abutitur that he is as guilty as he which breakes the law For hee which picks a quarrell with a law by pretence of an ambiguous word declares that hee would saine escape the obligation thereof But saith the same law A Law●maker hath done enough when he hath forbidden that which he would not haue to be done the rest must bee gathered out of the purpose of the law as if it had beene exprest And no man can doubt but that the law-maker in this law hath forbidden Defection from the Prince and the purpose of the law was to prouide onely against that Out of which purpose no man can iustly collect that the Deponent should pronounce the contrarie Doctrine so Hereticall as that he which held it or relapsed into it might be burnt but that it was apparantly erroneus and impious and fit to bee abiured And how little erroneous lackes of Hereticall and wherein they differ Diuines are not agreed saies your Simancha and it is yet vndetermined 55 Nor is there required in this Deponent such an assurance in Faith as belongs to the making of an Article Formall Heresie but such an assurance in Morall reason and Humane discourse as Bartholus requires in him which takes and Oath when he sayes He which sweares the trueth of any thing vnderstands not his Oath to be of such a trueth● as is subiect to sense Sed iurat de vehementi opinione 56 And the word Hereticall in this Oath hath so much force as the word to Anathematize hath in many Councels As for example in that place of the Councell of Constantinople where it is said Let him be Anathematiz'd which doeth not Anathematize Origen Which is meant of a detestation and abhorring som of his opinions not of pronouncing him a formall and consummate Hereticke For you may well allow a Ciuill and conuenient sense to this word in this Oath that it meanes onely Impious and inducing of Heresie since you haue bound all the world vpon paine of Damnation to beleeue That S. Paul call'd Concupiscence sinne not because it was sinne but because it proceeded from sinne and induced to sinne 57 A great Casuist and our Countreyman deliuers safe Rules which may vndeceiue them in these suspicions if they will not be extremely negligent and Negligentia dissoluta Dolus est For thus hee saies Though a law should prouide expresly that the words of the law should bee vnderstood as they lie yet they must receiue their interpretation from the common vse of speach which is that which the most part in that Country doe vse And if both significations may be found in common vse that must be followed which out of likelihood and reason seemes to haue beene the meaning of the lawmaker though it be improper● And his meaning appeares when the word taken in the other sense would create some absurd or vniust matter And as amongst vs those with whom this word Hereticall is in most vse which are Diuines vse the word promiscuously and indifferently against all impious opinions so especially did the Lawmaker at this time vse it because otherwise it had beene both absurd to decree a point to be properly hereticall which was not brought into debatement as matter of faith and it had beene vniust vnder colour of requiring ciuill obedience to haue drawn the deponent to such a confession as if he had relapsed and fallen from it after hee might haue beene burned 58 And the words of the oath agree precisely to Sayrs rule for the deponent must sweare according to the exp●esse wordes and the plaine and common sense and vnderstanding of the same And Sayr saies That if we must sweare
the Pope because onely that power which was in the Bishops in this matter is transferd by Reseruation into the Pope and that where such Depositions are needefull the state is prouided naturally with a temporall power to effect it and therefore it is not necessarie to place it in the spirituall which were monstrous and vnperfect if it should produce as the most excelent issue therof a power so base in their estimation And that this possibility of being Deposed is as contrary to Souerainety as a certaine limitation when he shall be remoued And that those writers which limit the Popes power by Naturall Reason and which teach that in doubts of speculation we may for all that proceede to practise as farre as wee doe in this Oath And hauing in the second part declared That though the Papists make proper and absolute Heresie to be without matter of faith yet we doe not so and yet in points necessarily and immediately issuing out of these principles a generall Councell needs not be attended to informe a mans vnderstanding what is Hereticall because the Emperors and other Princes and diuers Authors and registers of heresies haue pronounced therin before any Decision of Councells and that the Canon which is obtruded in the name of the Laterane Councell for diuers reasons cannot impeach this proposition That this Doctrine is hereticall which proposition though if it were tryed by Bellarmine and by Saint Augustines description of heresie it would appeare absolutely hereticall yet this law giues it that name in a vulgar and common sense as Scriptures Councels Buls of Popes Fathers Schoolemen Historians Iesuits and the Common sort hath vsed and accepted it and that if it be taken in the sharpest sense the Oath may neuerthelesse be taken without preiudice or limitation of any power which the Pope himselfe claimes I make account that I haue discharged my promise and vndertaking in this Chapter and deliuered as much as without inculcating that which hath beene formerly said by others which I purposely auoided in this point of the oath neede to be said to any of indifferency or equall inclination FINIS P.R. Trea● of Mitiga ● 6. n. 67. Idem c. 1. n. 11 c. 5. n. 30. Gretz Append 1. ad l. ● Bellar. § Idem dictum a Defens Bella● l. 1. c. 7. Quare b Ibi. l. 2. c. 14. § Quod Whitak Gretz Tractat. de no. Translat §. Ait Sixtus De verbo Dei l. 1. c. 9. To. 11. Resp. Apolog. cont Car. Col. Nu. 31. P. R. Treat of Mitig c. 5. n. 41. In monit pili in fine Machiauel Hist. Flor. l. 1. f. 34. Edit Picen An. 1587. Card. Colum. paris fo 158. Rispost d' Anto Bouio a P. Paulonella Rauolta ● 196. Conestaggio l. 3. fol. 82. Idem l. 6. f. 155 Answere to the Reports c. 5. Bar●n Annal. To. 11. Epist. Apolog. nu 21. Epist. ad Philip 3. Aelian l. 1. c. 29. Numb 35.33 Aelian l. 2. c. 17. Bosquier Concio Quadrag Conci 6. Sent. Select ●x Corn. Celso l. 2. n. 12. Frontinus stratagem li. 2. c. 5. Forestus de venenis Obseru 1. Schol. Lib. 1. c. 1. Hippocrates l. 1. Apho. 22. In Epist. ad Tit. c. 1. Fl●rimond ●emond Historie de l' Heresie l. 7. c. 2. 3. In Epist. ad Tit. c. 1. Prognosticon Windecki Florimond Remond Histoire d●l Heresie Dig. l. 2. Tit. ● c. Si per errorē Esay 58.3 Ael●a● l. 2. c. 37. Bosquie● conc Quadrag Dist. 61. Catinensis Nauar. Manual c. 23 n 38 Diog. Laertius l. 8. Martyrolog c. 8 Aelian l. 14. c. 4 Gellius l. 9. c. 4. Bosquior Monom Conc. 4. Ibid. Plini l. ● c. 43. Annotat. in Hilarium Examen Edicti Anglica Stanislaus Christianoni cus Paris 1607. Reu●l 7.15 Homil. 2. in Psal. 50. Vegetius l. 2. c. 17. Exod. 20. Gellius l. 15. c. 10 Aristot. Eth. l. 3. cap. 7 Idem l. 3 ● 6. Maetalius Metellus prefat in Histor Os●ij Dig. l. 48. Tit. ●9 le 38. Dig. l. 49. tit 10. l● 6 Concil Antisi ca. 17. Conc. Braca● 23. q. 5. placuit Tholos Sy●t l. 36. c. 22. 〈◊〉 13. De leg 9. V●op l. 2. ca. de Serius Io. 1.7 Io. 5.31 De Martyri Serm. 7. Exod. 4 25 Paul Diaco ad Eutrop Addit 18. Homil. in psal 95. 1. Cor. 15. Alfons Castr. ver Martyrium x Prateolus l. 3 cap. 19. Ep●pha Haeres 80 Cap. 2 Dist. 15. Sancta Romana To. 1. fo 248 Prud●nt●us Bodin Daemonom l. 4. c. 3. ex Tertull Eus●b l. 8 Hist. Eccl●s ca. 24 Feuardent●us Theom Caluin l. 8. c. 13. n. 13. Extra de maior Obed. Solit● Quinquagesies septies Centies quadragesies septies medium septies mesies septingesies quadragesies quater medium Comment in Sacro Bosc. fol. 219. Simphons 24. T●es 9. Reg Iu Possore in 6. Glos. a Constantin Ann 754. b Nicenum 2. Anno 787. c Francofur Anno 794. d Donat. Constant l. 2. nu 60. e Haimius Feldius Decretu Impp. de Imaginibus fo 91. a Dig. li. 11. Tit. 7. l. 8. Osa b Leo 1. Martia Epist. 70. Epist. 75. Simplicius Papa An. 471. Epist. 14. a Ann 486. Epist 14. b Extra de Rescript Ad audic●●iam●g os verb manifestum c Conc. Aurelian 1. Clodu regi c. 2 d Habetur in Binio To. 2. f. 320. Anno. 516. e Li. 4. Epist. 32. Greg. 7. Duci Sue uiae l. 1. Epist. 19. Binius To. 1. fol. 831. A. Ioan. 8. Pap● Ann. 873. Epist. 87. Balsamo in Conc Chalced. can 17 Concil Quinosen in Trullo ca. 69. Anno 692. Notes in hunc can To. 3. par 1. fo 156. A. Leo Martiano Epist. 64. Leo 8. Epist. 87. Leo 1. ad Martia● Epist. 70. Grego 1. li. 3. Epist. 20. Anastas Imp. Hormisdae Papae Binius To. 2. fo 315. A. Hormisda Epist. 2. Bi●ius To. 2. so 335. B. Pelagius 1. Epist. 16. 25. q. 1 Satagendum a Cod. l. 1. Tit. 3. l. vltim in fine b Cod. l. 1. Tit. 2. le ●3 c Cod. l. 1. Tit. 3. l. 20. a Cod. l. 1. Tit. 3. l. 4. 27. b Ibid. le 9. c Ibid. §. Diaconissa d Cod li. 1. Tit. 1 l. 6. e Cod. lib. 1. Tit. ● l. 2. f Cod. l. 1. Tit. 9. lib. 6. g Cod. l. 1. Tit. 2. l. vlt. Cod. l. 1. Tit. 1. ● 2 a Cod. l. 1. Tit. 3. ● 7. § Presbiter● b Ibid. ●e 17. §. Interdi●imus c Ibid. l. 19. d Simancha de R●pub l. 8. c. 40. e Simplicius Zenoni Ep. 14. a Espen●aeus Com●n Tim. l. 2. pag. 275. b Index Expur Belg. fo 15. c Pref●tio in Histor de act Script Lutheri d Deut. 17.11 a Epist. Maximil● ad B●ro Leichtensteni Habetur in Monit polit edit Franct Ann. 1609. so 33. b Ceremoniae Sacrae Cap. de Ordinatione c Idem ca. de Coronat d Alfon. Aluares specul vtriusque Dig. c. 10. nu 3. e Extra