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
of Spaine which they call so super-eminently Catholicke and of whose King the Cardinall which writes against Baronius saies that he is the only Prince who bends all the sinewes of his power and all the thoughts of his minde not only to oppresse barbarous enemies of Christianity but to containe christian Kings in their duetie This Kingdome I say hath by all meanes which it can expressed how weary it is of that iurisdiction which the Pope exerciseth there in these points which we complaine of though the Popes haue euer beene most readie to recompence these temporall detriments to those kings as the Donations of the Indyes and of the Kingdome of Nauarre and of England testifie at full 9 And yet if we consider what all sorts of persons in that Nation haue done against this temporall power wee cannot doubt but that they trauaile of the same childe which our Kingdome and diuers others haue brought forth which is their libertie from this weakning and impouerishing thraldome For first for Booke-men and Writers a great Idolatrer of this temporall Iurisdiction in the Pope Confesses That many of the principall Authours of the Spanish nation concurre in this opinion that these exemptions and immunities of the Clergie so much debated are not Iuris diuini And it is easie to obserue what the Collection and resultanse vpon this conclusion will be Since if they bee enioyd by the fauour of Princes though a conueniencie and a kind of right grounded in the law of nature haue moued Princes to graunt themâ— yet all graunts of Princes are mortall and haue a naturall frailtie in them and vpoâ— iust cause are subiect to Reuocation 10 And for the Sword-men by that hostile Act vpon Rome it-selfe by Charles Bourbon which was done at least by the conniuencie of Charles the fift and by that preparation made against the same place by the expresse commaundement of Philip the second vnder the Duke of Aluaes conduct and by many other associations and Leagues against the Pope It appeares how iealous and watchfull they are vpon this Temporall iurisdiction and how they oppose themselues against any farther groweth thereof For whâ—n in the differences about the Kingdome of Portugall the Pope made offers to Phâ—lip the second to interpose himselfe for the setling of all pretences to that Crowne the King though with sweete and dilatorie answers refusd that offer because sayes the Author of that Storie he would not by this example acknowledge him to be the Iudge of Kingdomes And after this when the King had proceeded farther therein and Antonie was proclaimed and that a Legate came into Spaine and offred there in the name of the Pope to be a Iudge betweene all pretenders though Philip did not doubt the Legates inclination to his part because he came into his Countrey to make the offer and though he had more vse of such a seruice then then before yet he abstaind from vsing him therein because hee thought that the Pope vnder colour of doing the Office of a common father went about to make himselfe absolute Iudge of Kingdomes and besides the extraordinarie Authority which he endeuoured to draw to his Sea would oblige the Kings of Spaine to his house as the same Author expresses that Kings iealousies 11 And for the politique gouernement of that State euen in that Kingdome which they pretend to hold of the Church which is Sicily they exercise a stronger Iurisdiction and more derogatorie to the Pope then this which our King claimes And though Parsonsâ— who is no longer a subiect and Sonne of the Church of Rome then as that Church is an enemy to England for in the differences betweene her and Spaine he abandons â—er aâ—erre in one place that this iurisdiction is by Indult Dispensation from the Pope yet a more credible man then he and a natiue Subiect to the King of Spaine hath vtterly annuld and destroyed that opinion that any graunt or permission of the Popes hath enabled the Kings of Spaine to that Authoritie which they exercise there And he hath not onely told his brother Cardinall Columna that the matter it-selfe Is a point of the Catholicke faith but in his Epistle to King Philip the third hee extols and magnifies that Booke in which he had deliuered that Doctrine so authentically as if he meant to draw it into the Canon of the Scriptures for do these words import any lesse The Booke issued froÌ„ the very Chaire of S. Peter by the commandement of S. Peter and is confirmed by S. Peter and shal without doubt endure for euer And he addes this Commination speaking to the King Let them which resist these writings take heede least they stumble In hanc Petram and least they bee vtterly trode in pieces Ab ipsa ab alto ruente Petra But of Baronius his detestation of Monarchie and ill behauiour towards all Kings as well as his owne Soueraigne I haue another occasion to speake All which I purpose to euict here was that if Parsons haue spoken so heretically in saying that this is done by vertue of the Popes Indult that remaines true which I said before that that Kingdome of Spaine endeuours by all wayes it can to redeeme it-selfe from these vsurpationâ— and re-inuest it-selfe in her originall Supremacie 12 For as in one of the Greeke States when Nycippus sheepe brought forth a Lyon it was iustly concluded that that pâ—rtended a Tyrannie and change of the State from a peaceable to a bloody Gouernement so since the Spirituall principalitie hath produced a Temporall since this mild and Apostolique sheepe hath brought forth this Lyon which seekes whom hee may deuour as by his first Iurisdiction he would make in this Kingdome a spirituall shambles of your soules by corrupt Doctrines so by the latter he labours to make a Temporall shambles and market of your bodies by selling you for nothing and thrusting you vpon the Ciuill sword which it is a sinne to sheath when the Law commaunds to draw it in so dangerous cases of polluting the Land And though it be pretended by you and for you that the Popes haue laide both a spirituall and temporall Obligation vpon you Because besides their care for instructing your soules they haue also with some charge erected and endowed some Colledges for your Temporall sustentation who come into those parts yet as the wisemen of Persia being set to obserue the first actions of their new King Ochus when they marked that be reachd out his hand at the Table to Bread and to a Knife presumd by that that his time would be plentifull and bloody and faild not in their coniecture So since the Pope reaches out to you with his small Collegiate pittance the Doctrine of the materiall and temporall sword howsoeuer hee may seeme to relieue your miserie and penurie which you drawe vpon your selues yet it is accompanied with the presage of much blood since either his purposes must
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
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
the Sacraments which the king to whom as all the kingdome is his house so al the Clergy are chaplaines taâ—es care that they duly administer to vs which are his sonnes and â—eruants 37 Nor dooth the king and the Church direct vs to diuers ends one to Tranquility the other to Saluation but both concurre in both For wee cannot ordinarily be saued which seemes to be the function of the Clergy without the exercise of morall vertue here in this life nor can Christians do those morall vertues which seeme to bee the Princes businesse without faith and keeping the right way to saluation because a Christian must doe them Christianly 38 For though Theologall vertues Faith Hope and Charity are infus'd from God yet all religious worshippe of God is morall vertue As therefore the office of all Heathen Princes was to conserue their subiects in the practise of morall vertue so farre as it was reuealed to their vnderstanding So is it now the office of Christian Princes to doe the same For God hath now so farre enlightned vs to the vnderstanding of morall vertue that we see thereby that after God hath infused Faith wee make sure our saluation by a morall obedience to the kings Gouernement and to their Ministery whoÌ„ his prouidence appoints ouer vs for our instruction So that ChristiaÌ„ subiects need no higher power then kings are naturally indued and qualified withall to direct them to Saluation butâ— because morall vertue is now extended not in it selfe but â—o our vnderstandingâ— or peâ—chance perfited for the Fathers denie often that the Philosophers had any true morall vertues Christian kings must now prouide lawes which may reach as far in their dâ—rection as morall vertue reaches now and Ministers that may teach vs how farr that is and to conserue vs in the obseruation therof For as when all things are in such sort wel composed and establâ—shed and euery subordinate Wheele set in good order we are guilty of our owne damnation if wee obey not the Minister and the Minister is guilty of it if hee neglect to instruct vs so is the Prince guilty of our spirituall ruine and eternall perishing if hee doe not both prouide able men to giue vs spirituall foode and punish both their negligence and our transgressions So that hee is to account to GOD for our soules and therefoâ—e must haue naturall meanes to discharge that duety well or else could not be subiect to such a reckoning for his transgressions therein 39 The last Obedience which I intimated as preiudiciall to this of kings is that which the Iesuites vowe to the Pope which is not the same blind Obedience which I spoke of before for the Iesuits sweare that also to their Superiours before they come to the perfection of this But as that is blinde out of darkenesse so this is blinde out of dazeling For they must be instruments in matters of State and disposing kingdomes 40 When some Priests in England were examined what they would thinke of the Oath of Alleageance if the pope should pronounce that it were to be held De fide that hee might depose Princes they desired to be spared because they could not pronounce De futuris Contingentibus But these votaries the Iesuites are not so scrupulous They can resolue to execute whatsoeuer he shall commaund perchance they thinke the Pope so much God for Iesuites must exceede in euerything that in him as in GOD there can bee no Contingency And therefore vowing their trauell and labour to the corrupting and aliening of subiects to the combustion or translation of Kingdomes to the auiling and eradication of Princes they do not vow De futuris Contingentibus but of things euer constantly resolued in the Decree and Counsell and purpose of the Bishop of Rome 41 Though therefore Mat. Tortus be no Iesuite himselfe yet in respect of his Master who was one I wonder he durst say That the Iesuites made no other vow of obedience to the Pope then other religious Orders did which is such an excuse in their behalf as no accusation could offend them so much since their ambition is to serue the Pope by a neerer Obligation then the rest which appeares euidently enough in the Bul of Paul the third where this fourth vow is repeated 42 And is it not a stange precipitation to vow their helpe to all his errours of which they confesse he may commit many in matter of Fact by mis-information So that they sweare to execute that which they are not bound to beleeue to be well commaunded yea they are not bound to beleeue that he which commaunds them is that person whose commaundements by their vow they aâ—e bound to doe and yet they must do them For though they bee bound to obey the Pope Yet they are bound to beleeue that Paul the fift is Pope because those Elections haue many vitiating circumâ—tances which annuls them For if they could be certaine that the Election were free from all other corruptions yet that Decretall in the Septimes of Simoniacall Election must of necessitie keepe all indifferent men in continuall anxietie and perplexitie For if any thing by any Cardinall were giuen or promis'd before though the Election be by way of Assumtion and Adoration when all concurre in it which they call Viam spiritus Sancti and therefore not subiect to errour Yet there is a Nullitie in this Election and the holy Ghosts confirmation workes nothing vpon it And the Person elected hath neither spirituall nor temporall Iurisdiction but looses all the dignities which he had before and becomes incapable euer after And no subsequent Actâ— of Inthroning Oathes of Obedience by the Cardinalls nor possession though of long time can make it good And euen those Cardinals which were parties to the Simony may at any time after depart froÌ„ his obedience all the rest of the Cardinals which do not forfeit their dignities 43 It is scarce possible to bee hoped that in Elections there should be no degrees of that corruption which this Decree labors to preclude which it takes knowledg to be so clandestine and secretly caried that comming to the point of annulling all those promises which were so madeâ— your Law expresses it thus Cum quauis Inexcogitabili solennitate formà iurata And if euer it should breake forth that any such thing were committed at Paul the fift his Election then hee was neuer Pope Which though percâ—ance it will not make voide all his Acts for some ciuill and conuenient reasons doth yet show the iniustice and indiscretion of such a vowe as binds the Votarie to doe some acts which were not lawfull for him to doe except an assured Authoritie of the commander did warrant it 44 And if that measure which Aquinas gaue before of Blind obedience must also serue in this which is That they must obey in all things which belong to their Regular conuersations that is In all things to which their Rule and Vowe
this hard shift and earnest propensenesse to die no good signe of a good cause or of a true martyrdome for thus he makes his gradations That the Anabaptists are forwardest and the Caluinists next and the Lutherans very slacke So that he makes the vehemency of the pâ—ofessors in this kind some testimony of the ilnesse of the Religion we may also obserue that all circumstances except the maine point with which we intercharge one another which is Hereâ—ie by which they labour to deface and infirme the zeale of our side in this pointâ— and to take from them all comfort of martyrdome doe appeare in them directly or implicitely in this denying of ciuill obedience 34 And because we may boldly trust his malice in gathering them that he will omit none we will take them as they are obiected against vs in Feuardentius the Minorite A man of such dexterity and happines in conuerâ—ing to the Romane Faith that all Turquy and the Indies would not bee matter enough for him to worke vpon one yeare if he should proceed with them in the same pace as he doth with the Minister of Geneua For meeting him once vpon a time by chaunce and falling into talke with him in the person of a Catholique Doctor he dispatches a Dialogue of some eight hundred great leaues and reduces the poore Minister who scarce euer stands him two blows from one thousand foure hundred Heresies And as though he had but drawne a Curtaine or opened a boxe and shewed him catholique Religion he leaues him as â—ound as the Councell of Trent 35 First therefore in this matter of Martyrdome he takes a promise of the Minister That he will be diligâ—nt hereafter from being amazed at the outward behauiour of men which suffer death By which dâ—rection good counsell the confident fashion and manner of any Iesuite at his execution shall make no such impression in vs as to produce arguâ—ments of his innocency After this he saies that our men are not martyres Because they haue departed from the Câ—urch in which they were baptized and haue not kept their promise made in Baptismeâ— but are therefore Apostats and Antichrists Another reason he assignes against them because they haue beene put to death for conspiracies rebellions tumults and ciuill Warres against lawfull Princes and that therefore they haue beene proceeded against in Ordinary forme of Iustice as Traytors And againe hee saies They haue beene iustly executed for making and diuulging libells against Princes And for Acts against a Canon of the Eliberitane Councell of which I spoke before And lastly this despoiles vs of the benefite of Martyrdome in his account Because we offer our selues to dangers and punishâ—ents seeking for honour out of misery and blowen vp with ambition and greedinesse of vaine glorie Thus farre Feuardentius charges vs. 36 And is it not your case also to forâ—ait your Martyrdome vpon the same circumstances Are not many of youd parted â—roâ— your promise in baptisme to our Chuâ—ch or did those which vndertooke for you euer intend this forsaking and this act of deparâ—ing is by Feuardentius made an Essentiall circumstance abstract and independenâ— and incohaerent with that of the Catholique Church for that is another alone by it selfe 37 And haue not you beene proceeded with in Ordinarie course of Iustice as Traytors for Rebellions and Conspiracies and Tumults And after so many protestations so religiously deliueâ—ed so vehemently iâ—erated so prodigally sealed with bloud and engaging your Martyrdome vpon that issâ—e that you neuer intermedled with matters of state nor had any other scope or marke of all your desires and endeâ—ours but the replanâ—ation of Catholique Religion hath not the Recorder and mouth of all the English Iesuites confessedâ— vpon a mistaking that the euennesse of his Maiesties disposition might be shaked by this insinuation That in the Sentence of Excommunication against Queene Elizabeth the Popes relating to a statute in England respected the Actuall right of his Maiesties mother and of him and proceeded for the remouall of that Queene whom they held an vsurper in fauour of the true inheritours oppressed by her not only by spirituall but temporall armes also as against a publique Malefactor and â—ntruder And hauing thus like an indiscreete Aduocate preuaricated for the Pope doth hee not as much betray all his owne complices when he addes This doth greatly iustifie the endeuours and desires of all good Catholique people both at home and abroad against her their principall meaning being euer knowne to haue beene the deliuerance and preferment of the true heire most wrongfully kept out and vniustly persecuted for righteousnes sake Did you intend nothing else but Catholique Religion and yet was the desire and endeuour of all good Catholiqâ—es at home and abroade to remoue her and plant anoâ—her and that by vertue of a statute in England Did the Popes in their Bulls intimate any illegitimation or vsurpation or touch vpon any such statute Or dâ—d they goe about to aduance the right Heire in the Spanish â—nuasion or was the way of the right Heire Catholiquely prepared by Dolemans booke 38 Or was the Author thereof no good Catholicke For these Conspiracies and for the same Authors monethly Libels which cast foule aspersions vpon the whole cause in defence wherof they are vndertaken and published are your preâ—ences to Martyrdome vniust and inualid if your Feuardentius giues vs good rules So are they also because you seeke it against the Eliberitane Councell That is By wayes not found in Scriptures nor practised by the Apostles And last of all bâ—cause you seeâ—e it with such intemperate hunger and vaine-glorie Cultum ex Miseria quaerentes as your Friar accuses our Churches and hunting and pursuing your owne death First ouer the tops of mountaines the Popes Spirituall power then through thicke and entangling woods without wayes in or out that is his Temporall power and then through darke caues and dens of his Chamber Epistles his Breues ready rather then not die to deâ—end his personall defects and humane infirmities And all these circumstancesâ— are virtually and radically enwrapt in this one refusall of the Oath which therefore alone doeth defeate all your pretenceâ— to Martyrdome 39 And though it may perchance truely bee said by you that all those persons which the Reformed Churches haue Enregistred in their Martyrologies are not certainely and truely Martyrs by those Rules to which we binde the signification of the word in this Chapter and in which you account all which die by way of Iustice for aduancing the Romane Doctrine or Dignitie by what seditious way so euer to be true Martyrs yet none of them hath euer transgressed so faâ—re as your Example would warrant them For not to speake of Baronius his Martyrologe where verie many are enrolled which liued their Naturall time and without any externall persecuâ—ion for their faith and where verie many of the olde Testament are recorded besides those which aâ—e canonized
growne wiser there must be no longer striuing for both swords 7 For those notorious impediments which the Pope obiects in this letter against Philip if they were such as made him incapable of Election then there was a Nullity in the choise and the Pope did nothing but declare that which may ofâ—en fall out in states which elect their Princes because there are many limitations but in Successorie princes it cannot hold but if these were not such impediments by the lawes which gouerned the Electors they became not such by this Declaration For one of them which is manifest periurie the pope himselfe was some cause of his continuing therein For the oath was made to his brother in the behalfe of his young Nephew who should haue beene Emperour And now the Pope had not onely disabled him but all the other Princes from keeping that oath by electing or confirming another Emperour 8 But if all which the Pope sayes in that letter shall not onely bee strong enough to binde the Election but to binde the consciences of posterity as matter of faith his last reason against Philips election must haue equall strength with the rest which would bee of dangerous consequence for it is That if after his Father had beene Emperour and his Brother he also should succeede the Empire would passe from Election to succession and none should be assumed but of one house Either then it is matter of faith that three of one family may not succeed in an Electiue state or as this is so all the rest are but arguments of inconueniencie vnfitnes 9 And this absoluing this Duke to whom he writes of his Oath is but of an Oath made Ratione Regni to him who neuer had the Kingdome and therefore that power of absoluing cannot by this Decretall be extended to such Oathes which are acknowledged to haue beene iust when they were made as being made to lawfull and indubitable Princes And certainly for though you dare not heare yet wee dare speake trueth the whole purpose in that act of the Pope was corrupt and farre from intention of making peace Of whose profit by reason of that dissention one of your owne Abbats sayes That there was scarse any Bishoprick or Parish Church which was not litigious and the Suite brought to Rome Sed non vacua Manu And so he proceedes Gaude Mater nostra Roma because all flowes to thee aperiuntur Cataractae the saurorum Reioyce for the iniquitie of the Sonnes of men Iocundare de Adiutrice tua Discordia Thou hast now that which thou didst alwaies thirst Sing thy song because thou hast ouercome the world not by thy Religion but the wickednesse of men for men are not drawne to thee by their owne Deuotion or by a pure Conscience but by the doing of manifolde wickednesses and by buying the Decision of their Suites and Causes 10 The second Canon vsually produced and noted by Albericus as I said to be against Iustice issued vpon this occasion When Otho whom the former Pope had established against Philip became vnthankfull to the Pope hee also was excommunicate and Frederick the Sonne of the first Frederick to whom the Princes had sworne in his Cradle was elected and crowned with whom also bâ—câ—use hee would not goe into the holy land and expose the Kingdome of Sicily to their Ambition the Popes fell out and excommunicated him thrice And when a generall Councell was gathered by Innocent the fourth for the reliefe of the holy land the Pope himselfe proposed Articles against the Emperour Whose Aduocate Thaddaeus promised all which might conduce to peace and Reformation on his Maisters behalfe This satisfied not the Pope but he asked for Sureties and when the Kings of England and France were offered the pope refused them vpon pretence that if the Emperor should remaine incorrigible the Church should by this means raise more heauy enemies to it selfe Then Thaddaeus proceeded to excuse his Maister in all the particular obiections and desired that hee mâ—ght be personally heard but to that the pope replied If he come I will depart for I doe not yet finde my selfe fit and ready for martyrdome Yet the English which were there extorted a fortnights leasure for the Emperours comming but he not daring or disdaining to come the pope proceeded to this sentence of Depriuation which sayes the Relater theâ—eof He thundred out terribly not without the amazement and horrour of all the hearers and by-standers And Thaddaeus protested vppon it This day is a day of wrath and of calamity and miserie 11 So this Bull proceeded from a distempered Pope and at a time when hee was not assisted with the Holy Ghost for he was not in a readines to suffer Martyrdome for him And where the Inscription saies it was Presenti Concilio the Margin notes that it is not said approbante Concilio though it assigne this for the reason least the Pope should seeme to neede the Councell 12 So that though it reach full as farre as Pius the fift his Bull against our late Queene for it depriues it absolues Subiects and it excommunicates all adherents yet it hath nothing by which it should be called a Canon or lawe to direct and gouerne posterity for there might be as much infirmity in this act of Depriuing as in the former of Excommunicating yea it was subiect to much more errour then that acte of spirituall iurisdiction which hath beene lesse questioned yet in the preamble of this sentence the pope saies of those former sentences If the Church haue iniured him in any thing she is ready to correct her selfe to reuoke and to make satisfaction So that it may be the pope erred in both these acts 13 Nor doe those wordes which are in the Inscription Ad perpetuam rei Memoriam giue it the strength of a precedent and obligatorie Canon but rather declare out of what shoppe it came since that is the ordinary stile of the Romane Court and not of the Canons of Councels Nor can it euer be deduced by any consequence out of this Sentence That the Pope hath the same power ouer other Soueraigne Princes as he exercised there against the Emperour because hee proceeded against him though vitiously and iniuriously and tyrannically by colour of a Superiority claimed by him and then not denied by the Emperour but testified by diuers Oathes of Fidelity to him which cannot be extended against those princes which admit no dependency vpon him by any reason conteined in this Sentence 14 By the third of these foure principall Rescripts Clement the fift annuls a Iudgement made by the Emperour Henry the seuenth against Robert king of Sicily whom as a subiect of the Empire the Emperour had declared a Rebell and depriued him of his Kingdome and absolued his subiects of their obedience And the reasons why the Pope interposes himselfe herein are not grounded vpon his power as he is Pope or as he is spirituall Prince but meerely
as he is a temporall Prince For first he saies The King of Sicily held that Kingdome of the Church and the Pope who was thereby his ordinary iudge ought to haue beene called to the iudgement And that the Emperour could not take knowledge of faults committed at Rome as those with which that King was charged were laid to be Nor his Iurisdiction and power of citation extend into the territory of the Church where that King was then residing nor he bee bound vpon any Citation to come to a place of so certaine danger 15 It is not therefore for this part of the Decretall that either they alleadge it so frequently or that Albericus laid that marke vpon it that it betrayed the authority of the Emperours for in this particular case I should not bee difficult to confesse some degrees of Iustice in prouiding that the Sentence of the Empeâ—or should not preuaile where naâ—urally and iustly it could not worke especially the pope proceeding so manneâ—ly as to reuoke it after the Emperors death and as the Glosse saies Ad tollendum murmur Populi who grudged that the Emperour should dispose of them who were the subiects of the Church 16 But the danger is in the last clause which is We out of the Superiority which without doubt we haue ouer the Empire and out of that power by which we succeed therein in a vacancy and by that power which Christ gaue vs in Peter declare that iudgement to bee voide and reuâ—ke all which hath beene done thereupon For the first part of which Clause touching his Superiority ouer the Emperor if he had any which as many good authors denie as affirme itâ— he had it by contract betweene the Emperour and the Church and he neither can nor doth claime that at least not all that which hee pretended in the Empire in other princes dominions for where doth he pâ—etend to succeede â—n a Vacancy but in the Empire And if he had that right Iure Diuino it woulâ— stâ—etch to all other places And â—f it be by Conâ—ract that cannot be but conditionall and variable in it selfe and not to be drawen into eâ—ample to the preiudice of any other prince And â—or his last title which is the power deriued by S. Peter to him because in this place he extends it no further but to a defence of S. Peters patrimony and onely by declaring a Sentence to be void which otherwise might scandalize some of his subiects we haue no reason to exagitate it in this plâ—ce nor haue you any reason to assure your consciences by the instruction or light of this Canon that that power extends to any â—uch case as should make you in these substantiall circumstances of great deâ—riment refuse this Oaâ—h 17 The fourâ—h Canon which is the Clementine of the diuers Oathes sworne by the Emperours to the Popes though it be euer cited and be by Albericus iâ—stly accused of iniustice yet it can by no extension worke vpon your conscience For the purpose thereof is but this That diffeâ—ences continuing betweene the Emperour and the King of Sicily and â—he Pope writing to reconcile them he vseth this as one induction That they had both sworne Fidelity and Alleageance to him The Emperor answered That he vnderstood not that Oath which he had taken to be an Oath of Alleageance And therfore the Pope afteâ— the Emperouâ—s death in this Decretall pronounces That they are Oathes of fidelities and Alleageance and that whosoeuer shall be created Emperour shall take those Oathes as such But to leaue it to the Lawyers whose tongues and pennes are not silencâ—d by this Decretall to argue whether they be oathes of Alleageance or no and imposed by the pope essentially so as the Emperour had no iurisdiction without them the first being a Constitution of the Emperour Otho and not of the pope if it be rightly cited by Gratian The second but an oath of Protection of the Church and the pope And the third only oâ— a pure and intire obseruing of the Catholique faith who can presse an argument out oâ— this Canon though it weâ—e wholy confessed and accepted as it lies that the pope may depose a king of England For Bellarmine informes your consciences â—eeâ—er then any of those Conâ—ellors who auert you from the oath by this and such Canonsâ— That the Empire not depending absolutely vpon the Pope but since Charlemains time this Oath of Alleageance is taken of the Emperour because the Pope translated the Empire vpon him And whether â—his be true or false in the laâ—ter part of translation yet his reason and argument discharges all other supreme princes ouer whom the pope hath no such pretence 18 Hauing passed through these foure wee will consider those Canons which are in Gratian to this purpose The first whereof may iustly be the Donation of Constantine Which though it be not Gratians but inserted by the name of Palea of whom whether hee were a man of that name a Schoâ—ler of Gratian or whether he called his Adâ—dition to Gratian Paleas in humility the Canonists are like to wrangle as long as any body will read them yet it is in the body and credit of Canon law 19 Towards the credit of this Donation there lackes but thus much to make it possible That the Emperour had not power to giue away haâ—â—e his Empire and that that Bishop had not capacitie to receiue it And but thus much of making it likely That the Church had no possession thereof but that it remained still with the Successors of the Emperours for if it had these degrees of possibility or credibility did not speake in barbarous language discording from that time nor in false Latine vnworthy of an Emperours Secreâ—arie nor gaue the pope leaue to confer orders vpon whom he would nor spoke of the Patriarchate of Constantinople before it had either that Dignity or that Name I should be content as I would in other fables to study what the Allegory thereof should be But since the Pope can liue without it And Azâ—rius tells vs that though the Donation bee falâ—e yet the Pope hath other iust titles to his estates though by his leaue he hath no such title as will authorize him to depose Princes as Soueraigne Lord ouer all the Westerne Kings as they pretend by this if it were iustifiable I will leaue it as they doe as a thing too suspicious and doubtfull to possesse any roome but that which it doth in Gratian. Onely this I will adde that if the power of the Emperour were in the Pope by vertue of this Donation yet wee might safely take this Oath because this Kingdome hath no dependance vpon the Empire 20 The next that I finde alleadged to keepe this Order as they lie in Gratian is a sentence taken out of S. Augustine by which you may see how infinite a power they place in the Pope His words are If the King must bee
solemne and famous Canon of Gregory the seuenth Nos sanctorum Of whom since he had made a new rent in the body of the Church as Authors of his own Religion if he had any professe it is no maruaile that he patched it with a new ragge in the body of the Canon law Thus therefore he saies Insisting vpon the statutes of our predecessors by our Apostolique authority wee absolue from their Oath of Alleageance all which are bound to persons excommunicate And we vtterly forbid them to beare any Alleageance to such till they come to satisfaction But to whom shall these men be subiect in the meane time To such a one as will be content to resigne when so euer the other will aske forgiuenesse Ambition is not an ague it hath no fits nor accesses and remittings nor can any power extinâ—guish it vpon a sodaine warning And if the purpose of Popes in these deposings were but to punish with temporarie punishment why are the Kingdomes which haue been transferred by that colouâ— from Hereticall Princes still with-held from their Catholique Heires 29 But who these predecessors of whom the Pope speaks in this letter were I could neuer find And it appeares by this that this was an Innouation and that he vsed Excommunication to serue his own ends because in another Canon he sayes That many perished by reason of Excommunications and that therefore he being now ouercome with compassion did temper that sentence for a time and withdraw from that band all such as communicated with the excommunicate person except those by whose Counsaile the fault was perpetrated which induced the Excommunication And this sayes the glosse he did because he saw them contemne excommunication and neuer seek Absolution for all those whom he exempts by this Canon were exempt before his time by the law it selfe So that where he sayes Temperamus it is but Temperatum esse ostendimus and hee did but make them afraid who were in no danger and make them beholden to him whom the law it selfe deliuered And of this Canon in speciall words one of their great men sayes That it binds not where it may not be done without great damage of the subiect 30 Of his Successor almost immediate for Victor the third lasted but a little I finde another Canon almost to the same purpose for he wrâ—tes to a Bishop to forbid the Souldiers of an Earle who was excommunicate to serue him though they were sworne to him For sayeâ— heâ— They are not tied by any authority to keepe that alleageance which they haue sworne to a Christian Prince which resists God and his Saints and treads their precepts vnder his feete But in this man as Gregories spirit wrought in him whâ—lst he liued for he was his Messenger to publish the Excommunication against the Emperour in Germany so Gregories ghost speakes now for all this was done to reuenge Gregories quarrell though in his owne particular hee had some interest and reason of bitternesse for he had beene taken and ill vsed by Henry in Germany 31 In the 25 Cause there is a Canon which tasts of much boldnesse What King so euer or Bishop or great person shall suffer the Decrees of Popes to be violated Execrandum Anathema sit But these for in this Cause there are diuers Canons for the obseruing of the Canons are for the most part such imprecations as I noted before Gregory the first â—o haue made for preseruation of the priuiledges of Medardus Monastery and some other of the same name of which kinde also Villagut hath gathered some other examples And at farthest they extend but â—o excommunication and are pronounced by the Popes themselues and are intended of such Canons as are of matters of faith that is such as euen the Popes themselues are bound to obserue as appeares here by Leoâ—he â—he fourths Canon Ideo permittente And here I will receiue you from Gratian and leade you into the Decretals whom they iustly esteeme a little better company 32 To proue the Popes generall right to interpose in all causes which seemes to conduce to the Question in hand they cite often this case falling out in England which is vpon seuerall occasions three or foure times intimated in the Decretals It was thus Alexander the third writes to certaine Bishoppes in England to iudge as his Delegates in a Matrimoniall cause And because the person whose legitimation was thereby in question was an â—eire and the Mother dead and the Pope thought it not fit that after her death her marriage should bee so narrowly looked into since it was not in her life therefore he appoints That possession of the land should bee giuen first and then the principall point of the marriage proceeded in And by this they euict for him a title in temporall matters Accessorily and Consequently But if they consider the times they may iustly suspect vniust proceeding For it was when Alexander the third did so much infest our King Henry the second And it seemes he did but trie by this how much the King would endure at his hands for when he vnderstood that the king tooke it ill then came another Letter related also in the Canons wherein hee confesseth that that matter appertaines to the King and not to the Church And therefore commaundes them to proceede in the matter of the marriage without dealing with the possession of the land 33 Another Canon not much vrged by the defenders of direct Authoritie but by the other faction is a Letter of Innocent the third In which Letter I beleeue the Pope meant to lay downe purposely and determinately how farre his power in Temporall matters extended For it is not likely that vpon a Petition of a priuate Gentleman for Legitimation of his Children who doubted not of his power to doe it the Pope would descend to a long discourse and proofe out of both testaments and reasons of conueniencie that he might doe it and then in the end tell him hee would not except hee meant that this Letter should remaine as euidence to posteritie what the Popes power in Temporall causes was Let vs see therefore what that is which he claimes 34 A Subiect of the King of France who had put away his Wife desires the Pope to legitimate certaine Children which he had by a second wife And it seemes he was encouraged thereunto because the Pope had done that fauour to the King of France before The Pope answers thus By this it seemes that I may graunt your request because I may certainely Legitimate to all spirituall capacities and therefore it is Verisimilius probabilius that I may doe it in Temporall And sayes he It seemes that this may be prooued by a similitude because hee which is assumed to bee a Bishop is exempted thereby from his fathers iurisdiction and a slaue deliuered from bondage by being made a Priest And hee addes In the patrimonie I
of the Popes Authoritie they haue pronounced this infallibilitie of iudgement to bee onely then in the Pope When he doeth applie all Morall meanes to come to the knowledge of the trueth As hearing both parties aud waighing the pressures and afflictions which he shal induce vpon them whom he inflames against their Pâ—ince and proceeding mildly and dispassionately and not like an interessed person and to the edification not destruction of them whom onely he esteemes to be his Catholicke Church 18 And this seemes so reasonable that though the Iesuite Tannerus at first cast it away as the opinion onely Quorundam ex Antiquioribus Scholasticis yet afterwards hee affoords an interpretation to it but such a one as I think any Catholique would be loth to venter his Martyrdome thereupon if he were to die for obedience to a Breue For thus he saies In euery matter when a Hypotheticall proposition is made of the condition whereof we are certaine then the whole proposition must not be said to be Hypothetically and Conditionally true but absolutely And this he exemplifies by this Proposition If Christ doe come to iudgement there shall be a resurrection which proposition is absolutely and not conditionally true because we are certaine that Christ will come to Iudgement And so he saies That it is the meaning of all them who affirme that the Pope may erâ—e except he vse ordinarie meanes onely to inferre that hee dooth euer vse those meanes without all doubt and question But with what conscience can this Iesuite say That this was the meaning of these Schoolemen when in the same place it appeares that the purpose of those Schoolemen was â—o bring the Pope to a custome of calling Councels in determining waighty causes for when they say He may erre except hee vse Ordinarie meanes and they intended generall Councels for this oâ—dinary meanes can they bee intended in sâ—yinâ— soâ— to meane that the Pope did euer in such cases vse Generaâ—l Councels when they reprehended his neglecting that ordinary meanes and laboured to â—educe him â—o the practise thereof 19 And though most of these infirmities incident to Breues in generall doe so reflect vppon these two Breues in question that any man may apply them ye it may doe some good to come to a neerer exagitation and triâ—lâ— of the necessary obligaâ—ion which they are imaâ—ined to imposed It is good Doctrine which one of your men teaches That euen in lawes euery particular man hath power to interprete the same to his aduantage and to dispence with himselfe therein if there occurre a sudden case of necessity and there be no open way and recourse to the Superiour The first part of which Rule would haue iustified them who tooke the oath before the Breues though they had had some scruples in their conscience by reason of the great scandall to the cause and personall detriment which the refusall was liâ—ely to draw on 20 Nor can the Catholiques be said to haue had as yet recourse to their Superiour when neither their reasons haue beene aunswered or heard which thinke the oath naturally and morally lawâ—ull nor theirs who thinke that in these times of imminent pressures and afflictions all inhibitions ought to haue beene forborne and that any thing which is not ill in it selfe ought to haue been permitâ—ed for the sweetning and mollifying of the state towards them 21 Their immediate Superiours here in England haue beene in different opinions and therefore a recourse to them cannot determine of the matter And for recourse to the Pope the partie of Secular Priests haue long since complained that all waies haue beene precluded agâ—inst them And if they had iust or excusable reasons to doubt that the first Breue issued by Subreption they had more reasons to suspect as many infirmities in â—he second because one of the reasons of suspecting the first being That their Reasons were not heard but that the Pope was mis-informed and so misledde by hearking to one partie onely the second Breue came before any remedy or redresse was giuen or any knowledge taken of the complaint agaâ—nst â—he first 22 Certainely I thinke that if he had had true inâ—ormation and a sensible apprehension that the sâ—ffeâ—ing of his party in this Kingdome was like to bâ— so heauie as the lawes threatned and a pertinacy in this reâ—usall was likely to extort hee had beene a lauish and prodigall steward of their liues and husbanded their bloods vnthriftily if he had not reserued them to better seruices heereafter by forbearing all inhibitions for the present and confiding and relying vpon his power of absoluing them againe when any occasion should present it selfe to his aduantage rather then thus to declare his ambitions and expose his seruants and instruments to such dangers when by this violence of his the state shall be awakened to a iealous watchfulnes ouer them 23 It is not therefore such a disobedience as contracts crinduces sinne which it must be iâ— it be matter enough for Martyrdome not to obey these Breues though thus iterated for it is not the adding of moâ—e Cyphars after when there is no figure before that giues any valew or encrease to a number Nauarrus vpon good grounds giues this as the Resultance of many Canons there by him alleadge That it is not sinne in a man not to obey his Superiour when hee hath probable reasons to thinke that his Superiour was deceiued in so commaunding or that he would not haue giuen such a command if he had knowne the truth And can any Catholique beleeue so profanely of the Pope as to thinke that if hee had seene the effects of the powder treason euery Church filled with deuout and thankfull commemorations of the escape euery Pulpit iustly drawing into suspition the Maisters which procured it and the Doctrine wherewith they were imbued euery vulgar mouth extended with execrations of the fact and imprecations vppon such as had like intentions euery member of the Parliament studying what clauâ—es might be inserted for the Kings security into new lawes and the King himselfe to haue so much moderated this common iust distemper by taking out all the bitternesse and sting of the law and contenting himselfe with an oath or such obedience as they were borne vnder which iâ— they should refuse there could be no hope of farther easinesse or of such as his Maiestie had euer shewed to them before Might any Catholique I sayâ— beleeue that the Pope if he had seene this would haue accelerated these afflictions vpon them by forbidding an Act which was no more but an attestation of a morall truth that is ciuill obedience and a profession that no man had power to absolue them against that which they iustly auerred to be such a Morall indelible truth Might he not reasonably and iustly haue applied to the Pope â—hat which Anselmus is said to haue pronouÌ„ced of God himselfe Minimum inconueniens est Deo impossible and concluded thereupon that
it was impossible for the Pope to be Author of so great inconueniences 24 And if the Popes Breues were not naturally conditioned so that in cases of enormouâ— deâ—riâ—ment and inconuenience to the cause and perâ—ons the rigour thereof might be remitted since in such occurrences the reason of those Breues doth euidenâ—ly cease which is euer vnderstood to be the aduancement of the Romane Church And if in all cases all Breues must haue their full execution vnder the paines and penalties inflicted therein the Catholiques of England are in worse condition by some former Breues of the Popes then the offending and violating these two later can draw them into For to omit many of like and worse danger That generall Rescript of Clement the seuenth which I mentioned before pronounces That not onely by the Bulla Caenae all such are excommunicated though they be Princes as hinder the execution of the Apostolique letters or such as giue such hinderers any Counsaile helpe or fauours directly or indirectly publiquely or secretly or by any colour or pretence which words will reach to all those who haue refused or doubted and disputed these Breues but also that the Kingdomes and places where those offendeâ—s are remaining are interdicted And then in the rigour of this Breue how can the Priests exercise their functions heere in England if the Bulla Caenae and a locall interdict oppresse it 25 And by such seruile obedience to Breues as this is all sucâ— Catholickes as haue relieu'd succor'd themselues with that weake distinction of the â—ourt of Rome and the Church of Rome shall loose and forfeit all the aduantage which that affoorded them For when they shall bee pressed with numbers of Veniall Indulgences and of ambitious Buls and vsurpations vpon the right of other Princes they shall not bee able to finde this eaâ—e to dischardge all vpon the Court of Rome if the Church of Rome make it matter of Faith to obey the Rescripts of the Court of Rome which produce these enormities For since the Pope is the Church how can you diuide the Church from the Court Since either as the Court is Aula or Curia the Pope is the Prince and as it is Forum he is the Iudge and the Ordinarie And since all those Buls which are loaded with censures or with Indulgences proceede from him as he is the Church for those powers are onely in the Church how can you impute to his act any errour of the Court 26 It was whilst Nero continued within the limits of a good and a iust Prince that Tacitus said of him Discreta fuit domus a Repub. but when hee stray'd into Tyrannie it was not so Nor is the Court of Rome any longer distinguished from the Church of Rome if the Church iustifie the errours of the Court and pronounce that hee which obeyes not that Court is not in that Church as it doeth in Excommunicating all them which obey not the Rescripts and Breues of Popes 27 So that when Bellarmine vndertooke to aunswere all which had beene obiected out of Dante and Bocace and Petrarche against Rome it was but a lasie escape and around and Summarie dispatch vpon wearinesse to say that all that was meant of the Court of Rome not of the Church and therefore it was a wise abstinence in him not to repeate Petrarchs words but to recompense them by citing other places of Petrarch in fauour of the Romane Church For though Petrarch might meane the Court by the name of Babilon and by imputing to it Couetousnesse and Licentiousnesse yet when he charges Rome with Idolatrie and cals it the Temple of Heresie can this be intended of the Court of Rome 28 The disobedience to Popes in whome no moderate men euer denied some degrees of the leauen and corruption of such passions and respects as vitiate all mens actions was not alwayes esteem'd thus hainous though in matters neerer to the foundations of Faith then these which are now in question The famous dissention betweene Pope Stephen and Cyprian is good euidence thereof For though now they say That the Pope did not pronounce De fide against rebaptization but onely say that it might not bee vsed And that he did not Excommunicate Cyprian but onely say that he ought to be excommunicate yet this is as farre as the Pope hath proceeded with you and after he had done thus much Bellarmine saies it was lawfull for Cyprian to differ from him because hee thought that the Pope was in a pernitious errour And though Cyprian is neuer found to haue retracted either his Doctrine of rebaptization or his behauiour to the Pope yet the seuerest Idolaters of that Sea haue neuer denied him a roome amongst the blessed Saints of the purest times 29 And thoâ—gh they are for their aduantage content to say now that Cyprian was neuer excommunicated yet it is not denied by Baronius but that Ignatius the Patriarch of Constantinople was and that he died excommunicate and resisted to the end of his life the Popes Rescripts by which hee was commaunded to leaue all the Countrie of Bulgaria to the iurisdiction of the Church of Rome But this saies Baronius he did not out of any displeasure to the Pope but to defend the iurisdiction of his Church as he was bound by oath vnder the daâ—ger of damnation for his purpose was not to take away anothers right but to keepe his owne 30 And was not this your case before the Breues came Is not ciuill obedience either really or by intention and implication sworne by euery subiect to the King in his birth and after and do you not by this last oath defend not onely the Kings right as you are bound vnder danger of damnation but your owne libertie who otherwise must bee vnder the obedience of two Masteâ—s and haue these two Breues made your case to differ so much from his that that which was lawfull to him may not be so to you when as to you the Breues haue onely brought a naked and bare commandement without taking knowledg of your allegations but the Pope gaue Ignatius three seuerall warnings and disputed the case with him and tolde him that by the records at Rome it was euident and that no man was ignorant that that region belong'd to the Romane Church and that Ignatius his pretences to it because the enemy had interrupted the Romane possession were of no force which he proues by a Decree of Pope Leo and diuers other waies Yet for all this Ignatius held out endured the excommunication and died vnder that burden and yet God hath testified by many miracles the holinesse and sanctitie of this reuerent man 31 Dioscorus the Bishop of Alexandria exceeded al these passiue disobediences and contempts of the Popes and proceeded to an Actiue excommunication of the Pope himselfe and yet for all this it is said of him Non errauit in fide And what opinion was held of our Bishoppe Grosthead
in which their owne greatest Doctors are yet but Caâ—echumeni and haue no explicite beliefe thereof for they neither bring to that purpose Scripture Tradition consent of Fathers generall Counsaile no nor Decree of any Pope 29 And I thinke I may safely auerre that it will not constitute a Martyrdome to seale with your bloud any such point heere as the affirming of the contrary would not draw you into the fire at Rome Except you should be burned for an Opinion there you cannot be reputed Martyrs for holding the contrarie here As therefore it were no Heresie at Rome to denie the Popes direct power nor his indirect for if it were Bellarmine and Baronius had made vp an Heresie betweene them as Sergius and Mahomet did so is the affirmation thereof no article of faith in England 30 This then being so farre from being an Article of faith by what power the Pope may depose a Prince as that it is euen amongst them which affect an Ignorance but Dubium speculatiuuÌ„ a man may safely and ought to take the Oath For so a man of much authority amongst themselues doth say That in a doubt which consists in speculation we doe not sinne if we doe against itâ— and himselfe chuses this example If a Souldier doubt whether the warre which his Prince vndertakes be iust or no yet in the practique parte hee may resolue to fight at his Princes command though he be not able to explicate the speculatiue doubt And he ads this in confirmation That where one part is certaine and the other doubtful we may not leaue the sure side and adhere to the other In his example that which hee presumes for certaine is this That euery man ought to defend his Prince and the speculatiue doubt is Whether the warre be iust or no. If this be applied â—o our case euery man will finde this certaine impression in himselâ—e that hee ought to sweare ciuill obedience to his Prince and this will be so euident to him that no doubt can arise so strong or so well commended to him by any pretence of Reason and deducements as may make him abstaine from a pract que duety for a speculatiue doubt For so Fran. a Victoria maintaining the same opinion giues theâ—e reasons or it That not onely in defensiue warre but in offensiue which iâ— further then our case in any probability is like to extend to the Prince is not bound to giue an account to the subiect of the iustice of the cause And therefore saies hee in doubtfull cases the safer part is to be followed And if he should not fight for his Prince he should expose the State to the enemy which is a much more grieuous offence then to fight against the enemy though he doubt of the cause â—or if their opinion were an euident Truth both their Doctors would be able to explicaâ—e it and their Disciples would neede no explication 31 This Oath therefore containing nothing but a profession of a morall Truth and a protestation that nothing can make that false impugnes no part of that spirituall power which the Pope iustly hath noâ— of that which he is charged to vsuâ—pe That which hath seemed to mâ—ny of them to come neerest to his spirituall power is that the Deponent dotâ— sweare That the Pope hath no power to absolue him of this Oath But besides that it hath beene strongly and vncontroulably prooued already by diuers that no absolution of the Popes can worâ—e vpon the matter of this Oath because it is a morall Truth I doe not perceiue that to absolue a man from an Oath belongs to spirituall Iurisdiction 32 For Dispensations against a law and absolutions from Oathes and Vowes worke onely as Declarationâ— not as Introductions And that power which giues me a priuâ—ledge with a Non obstante vpon a law or an absoluâ—ion from an oath doth not enable mee to breake that lawe or that Oath but onely declares That that law and Oath shall not extend to me in that case and that if this particular case could haue beene foreseene at the making of the law or the Oath neither the Oath nor the law ought to haue beene so generall 33 So therefore these Absolutions are but interpreâ—ations and it belongs to him who made the law to interpret it For without any vse of spirituâ—all Iurisdiction the Emperour Henryâ—he â—he seuenth absolued all the Subiects of Robert king of Sicily of their oathes of Alleageance wâ—en he rebelled against â—he Empâ—â—e of which hee was a feudatarie Prince And though the Pope annulled this sentence it was not because the Emperour might not doe this but because the king of Sicily held also of the Church and this absoluing of Subiects made by the Emperour extended to the Subiects of the Church 34 So also the Emperours Antoninus and Verus when one had made an oath that he would neuer come into the Senate creating him such an Officer as his personall attendance was necessary in the Senate house by an expresse Rescript absolued him of his oath Of which kinde there are diuers other examples 35 And your Canons doe not require this spirituall Iurisdiction alwaies in this Act of absoluing an oath For if I haue bound my selfe to another by an vniust oath in many cases I may pronounce my selfe absolued and in others I may complaine to the Iudge that hee may force him to whom I swore to absolue me of this oath And in such cases as we are directed to goe to the Church and the gouernour thereof it is not for absolution of the oath but it is for iudgement whether there were any sinne in making that oath or no. For when that appeares out of the Nature of the matter arises and results a Declaration sufficient whether wee are bound or absolued If therefore the matter of this oath be so euident as being Morall therefore constant and euer the same that it can neuer neede his iudgement because it can in no case be sinne the scruple which some haue had that by denying this power of absoluing his spirituall power is endamaged is vaine and friuolous THE SECOND PART FRom this imputation of impairing his spirituall power euery limme and part of the oath hath beene fully acquited by great and reuerend persons so as it were boldnesse in me to add to that which they haue perfited since additions doe as much deforme as defects Onely because perchance they did not suspect that any would stumble at that clause which in the oath hath these words I abiure as impious and Hereticall that position c. I haue not obserued that any of them haue thought it worthy of their defence But because I haue found in some Catholiqus when I haue importuned them to instance in what part of the oath spâ—rituall Iurisdiction was oppugned or what deterr'd them from taking the same that they insisted vpon this That it belonged onely to the Pope to pronounce a Doctrine