of my title to land I am not bound to restore it though that were the safest way because in doubtfull matters Melior est Conditio possidentis And but for this helpe I wonder with what conscience the Catholiques keepe the possession of such landes as belong to the Church for they cannot be without some scruples of an vniust title and it were safest to restore theÌ„ Another example in Carbo is If my superior command a difficult thing and I doubt whether he command lawfully or no though it were safer to obey yet I am not bound to doe so And he giues a Rule which will include a thousand examples That that Rule That the safest part is to be embraced is then onely true when by following this safer part there ensues no notorious detriment And Soto extends this Doctrine farther for he saies Though yoâ— beleeue the precept of your Superior to be iust which creates Conscientiam Opinantem yet you may doe against it Because saies he it is then onely sinne to doe against your conscience when to do according to your conscience is safe and that no danger to the state or to a third person appeares therein So that Tutius in a spirituall sense that is in a doubtfull matter rather to beleeue a thing to be sinne then not must yeelde to Tâ—tius in a temporall sense that is when it may be done without notorious detriment For when it comes to that we shall finde it to be the common opinion of Casuists which the same Summist deliuers That there is no matter so waighty wherein it is not lawfull for me to follow an opinion that is probable though I leaue the opinion which is more probable yea though it concerne the right of another person as in our case of obedience to the King or the Pope And then wheresoeuer I may lawfully follow an opinion to mine aduantage if I will leaue that opinion with danger of my life or notorious losse I am guilty of all the damage I suffer For these circumstances make that Necessary to me then which was indifferent before the reasons vppon which Carbo builds this Doctrine of following a probable opinion and leauing a more probable which are That no man is bound Ad mâ—lius perfectius by necessity but as by Counsell And that this Doctrine hath this commoditie opinionâ— shew euidently that these Rules giue no infallible direction to the conscience and yet in this matter of Obedience considering the first natiue certaâ—ntie of subiection to the King and then the damages by the refusall to sweare it they encline much more to strengthen that ciuill obedience then that other obedience which is plainly enough claimed by this forbidding of the Oath So that in these perplexities the Casuists are indeede Nubes Testium but not in that sense as the holy Ghost vsed the Metaphore For they are such clouds of wiâ—nesses as their testimonie obscures the whole matter And they vse to deliuer no more then may beget farther doubts that so euery man may from the Oracle of his Conâ—fessors resolution receiue such direction as shall be fit at that time when hee giues the aunsweâ—eâ— Which Nauarrus expresses fully when he confesses That hauing beene consulted fiftie yeares before whether they who defrauded Princes in their customes were bound to restitution he once gaue an aunswere in writing but hauiâ—g recouered that writing backe a-againe he studied twentie yeares for his owne satisfaction and found no ground whereupon he might rest And all that while he counsailed Confessors to absolue thâ—ir penitents vpon this condition That they should retaine a purpose to doe so as they should vnderstand hereafter to be iust These spirituall Physitians are therefore like those Physitians which vse to erect a figure by that Minute in which the patâ—ents Messenger comes to them and therâ—by giue their iudgment For the Confessours in England in such resolutions as these consider first the Aspects and Relations and diuerse predominancies of Superiours at that time and so make their determinations seasonableâ— and appropriate But to insist more closely vpon this point in hand your Simancha speaking out of the law saies That that witnesse which deposes any thing vpon his knowledge must also declare and make it appeare how he comes to that knowledge And if it bee of a thing belonging to the vnderstanding hee must make it appeare by what means and instrument his vnderstanding was instructed And that which he assignes for the reason must be of that nature that it must certainely and necessarily conclude and prooue it If then you will subscribe with your blood or testifie by incurâ—ing equiualent dangers this Doctrine vpon your Knowledge you must bee able to tell the Christian world how you arriâ—'d to this Knowledge If you will say you haue it Ex Iure Diuino and meane by that out of the Scriptures you must remember that you are bound by Oath neuer to accept nor interâ—rete Scriptures but according to the vnanime consent of the Fathers And can you produce such a consent for the establishing this Doctrine in interpreting those places of Scripture which are offâ—ed for this matter If you extend this Ius Diuinum as Bellarmine doeth not onely to Scriptures but to Naturall light and reason and the Law of Nature in which he is no longer a Diuine as he vses to professe himselfe but a Canonist who gaue this large interpretation of Ius Diuinum whereas Diuines carie it no further then to that which God hath commanded or forbidden as Azorius tels vs this cannot bee so strong and constant and inflexible a Rule but that the diuers obiects of sense and images of the fancie and wayes of discourse will alter and vary it For though the fiâ—st notions which wee haue by the light of nature are certaine yet late conclusions deduced from thence are not so If you pretend common consent for your ground and Criterium by which you know this truth and so giue it the name of Catholicke Doctrine and say that Faith is to be bound to that and Martyrdome to be indur'd for Faith you must also remember that that which is so call'd Catholicke is not onely a common consent of all persons at one time but of the Catholicke Church euer For Quod vbique quod semper is the measure of Catholicke Doctrine And can you produce Authors of any elder times then within sixe hundred yeares to haue concurr'd in this And in these later times is not that Squadron in which Nauarrus is of persons and voyces enow to infringe all reasons which are grounded vpon this vniuersall consent He proclaimes confidently That the Pope take him despoiled and naked from all that which Princes haue bestowed vpon him hath no tempoâ—all power Neque supremam neque mediam neque infimam Doe noâ— some Catholiques confesse that they are readie to sweare to the integrity of the Romane faith according to the Oath
stale and obsolete names of positiue Diuinity or Controuerted or Schoole Diuinitie and haue reduced all to Crowne Diuinity 42 And yet they account the handling of these points to bee but a dull and obuious learning in their Colledges as though any man were able to resolue questions against Princesâ— for they haue a Rule that they which are vnapt for greater studies shall study cases of conscience 43 So also of the Immunitie of the Church out of which if it be denied to be by the Indulgence of the Prince issues and results presently the dimunition of the Prince they haue written abundantly and desperately So haue they of the Institution of a Prince of which one of them writing and presuming and taking it as vulgarlie knowne that it is lawfull in some cases to kill a King is carefull to prouide least when you goe about to kill him by putting poyson in his meat or drink you make him though ignorantly kill himselfe So haue they also of Militarie institution many Authors and of as many sciences as concurre to publique affaires 44 And with such bookes as these they allure and catch ambitious wits which hauing had a lower and darker breeding in schooles and vniuersities haue some hunger of reading state learning in any forme much more where they shall finde it more freely debated vpon then if they had had place at twentie Councell Tables or Conspiracies And as Auerroes is saide to haue killed Auicen by anointing the booke which hee knew the other would read with certaine poison and as it is said that whatâ—oeuer flew ouer the Iewes Targum whilst the authour thereof was compiling it was scorched with the beames therof so doe these bookes of theirs enuenome and catch hold of all such as bring in themselues anie desire to come within too neere a distance of them 45 And of all these kindes of bookes without doubt we should haue had many more but that as the gatherer of all the writers of the Carthâ—sian Order not daring to slippe and leaue out the present Generall Bruno and finding no books of his making saies That since he hath an excellent wit and singular learning â—e could write many bookes if he had leisure and in the meane time hee tooke care that the missall should be printed in a faire character and delicate paper So the Iesuites since â—hey haue a vow to binde them to it and a naâ—urall disposition to incline them could wriâ—e more bookeâ— to this purpose but that they are continually exercised in disposing actuall plots And yet in the meane time they take care that the Popes Breues be procur'd promulged conceal'd interpreted or burnt as the cause may be most benefited and aduanced 46 And I do not remember that I haue found in the Approbation of any Iesuits booke this clause which is so ordinary in most of the workes of other men Nihil fidei contrarium aut bonis Moribus aut Principibus And yet they say that in printing their bookes there is great caution and diligence vsed and that they passe the hands of men most intelligent and of mature iudgement but as it seems by this remarqueable omission no good subiects nor fauourers of Princes 47 If they doe thus much when they are Serui papae what will they doe when they are famuli which diffrence I learned out of the Missal where a Bishoppe must pray vnd cum me indigno Seruo tuo but the Pope Famulo For he may well be said to be in Ordinary with God since he is one Ordinary with him for so saies Aluares God and the Pope haue one Consistorie and in another place All cases reserued to God are reserued to his Vicar so that by that Rule what euer God can do in disposing the matters of this world the Pope also can do for there he saies out of Hostiensis that that direction Dic Ecclesiae if the Pope sinne who cannot be complain'd of is ment Dic Deo vt conuertateum aut Dic Ecclesiae Triumphanti vt oret pro eo 48 So when Bellarmine who had done sufficiently for the Pope whilst he was but a Seruant that is an Ordinarie Iesuite came to his familiarity and housholde seruice by being a Cardinall in the Consistorie and so grew more sensible of the Papacy being now himselfe as they speake Papabilis he takes al new occasions to extoll his Master and his Throne and Sea And hauing manie yeares neglected his owne defence and answered such great men as opposed him onely with such Proctors as Gretzer and Eudaemo-Ioannes vnprouoked he rises vp in the Venetian and in the English cause to establish by new bookes the new Article of Temporall authority in the Pope And since that as Aeneas Syluius retracted all which he had written before for the Basil Councell when he came to be Pope so Bellarmine when perchance hee would be Pope hath made a new â—uruay and Recognition of all his workes in which as though he had beene too moderate before in al those places which concerne this question he hath expressed a supple and variable conscience a deiect slauerie to that Sea and a venemous malignity against Princes of which it seemes to me expedient to present a few examples 49 I allow not now saies Bellarmine that which I said before That Infidell Princes may not be depriued by the Church of that Iurisdiction which they haue ouer Christians for though Durandus doe probably teach so against Saint Thomas and I then followed his opinion yet now the authority of S. Thomas preuailes more with me Yet he had seene and considered both their reasons before 50 In another place he saies Now I allow not that which I said before that Paul appealed to Caesar as to his Iudge And after Whereas I said that Popes vsed to be chosen by Emperours the word Emperour potest forte debet deleri For saies he I followed Gratians Canons which as I learned since are not approued â— And againe when I said That the Pope was subiect to the Emperour as to his temporall Lord I meant De facto not De iure and this course he holdes in that booke of Recognitions 51 And here we may conuenâ—ently concludâ— this Chapter of the Iesuites speciall aduancing all those doctrines which incite to this Martyrdome after we haue produced some of their owne testimonies of their inordinate hunger thereunto and of the causes for which they affect it 52 One of their spirituall Constitutions is That euery one of that Order must thinke that Christ spoke to him when he said he that doth not hate his owne life c. And so they make an obligatorie precept to binde at all times of that which vvas but a direction for our preparation and readinesse to suffer for his saâ—e 53 Ribadeneyra names two Iesuites in the â—nâ—dies which being sicke in bedde when they might haue escaped came forth halfe naked
muddie search to offer to trace to the first roote of Iurisdiction since it growes not in man For though wee may goe a steppe higher then they haue done which rest and determine in Families which is that in euery particular man considered alone there is found a double Iurisdiction of the soule ouer the body and of the reason ouer the appetite yet those will be but examples and illustrations not Rootes and Fountaines from which Regall power doth essentially proceede Sepulueda whom I cited before saies well to this purpose That the soule doth exercise Herile Imperium vpon the body and this can be no example to Kings who cannot animate and informe their Subiects as the soule doth the body But the power of our reason vpon our appetite is as he saies pertinently Regale Imperium and Kings rule subiects so as reason rules that 7 To that forme of Gouernement therof for which rectified reason which is Nature common to all wise men dooth iustly chuse as aptest â—o worke their end God instils such a power as we wish to be in that person and which wee beleeue to be infused by him and therefore obey it as a beame deriued from him without hauing departed with any thing from our selues 8 And as to the end of this power is alwaies one and the same To liue peaceably and religiously so is the power it self though it be diuersly complexioned and of different stature for that naturall light and reason which acknowledges a necessity of a Superiour that we may enioy peace and worshippe God did consent in the common wish and tacite praier to God and doth rest in the common faith and beliefe that God hath powred into that person all such authority as is needefull for that vse Therefore of what complexion soeuer the forme of gouernement be or of what stature soeuer it seeme yet the same authority is in euery Soueraigne State thus farre That there are no Ciuill men which out of rectified Reason haue prouided for their Peaceable and religious Tranquility but are subiect to this regall authority which is a pâ—â—er to vse all those meanes which conduce to those endes 9 For those diffrences which appeare to vs in the diuers â—ormes are noâ— in the essence of the Soueraignty which hath no degrees nor additions nor diminutions but they are onely in those instruments by which this Soueraignty is exercised which are ordinarily called Arcanâ— and Ragion di stâ—to as I noted beforeâ— and as the soule it selfe hath as good vnderstanding in an Idiote and as good a memory in a Lâ—thargique person as in the wisesâ— and liueliest man So hath this Soueraignty in â—â—â—ry state equall vigour though the Organes by which it workes be not in all alike disâ—osed And therefore the gouerneâ—eâ—t amongst the Iewes before Saâ—le was fully a Kingdoâ—e in this accepâ—ation nor did they attend any new addition to this power in their solicitation for a King but because they were a people accustomed to warre they wished such a Soueraigne as might lead their Armies which office their Priestes did not and they grudged that their enemies should be conduced by better persons then they were 10 And so though some ancient Greeke states which are called Regna Laconica because they were shortned and limited to certaine lawes and some States in our time seeme to haue Conditionall and Prouisionall Princes betweene whom and Subiects there are mutuall and reciprocall obligations which if one side breake they fall on the other yet that soueraignty which is a power to doe all things auaileable to the maine endâ—s resides somewhereâ— whichâ— if it be in the hands of one man erects and perfects that Pambasilia of which we speake 11 For God inanimates euery State with one power as euery man with one soule when therefore people concurre in the desire of such a King they cannot contract nor limitte his power no more then parents can condition with God or preclude or withdraw any facultie from that Soule which God hath infused into the boâ—dy which they prepared and presented to him For if such a company of Sauadges or men vvhom an ouerloaded kingdome â—ad auoided as vve spake off before should create a King and reserue to themselues a libertie to reuenge their owne wrongs vpon one another or to doe any act necessary to that end for which a King hath his authority this liberty were swallowed in their first acte and onely the creation of the King were the worke of rectified reason to which God had concurr'd and that reseruation a uoide and impotent act of their appetite 12 If then this giue vs light what and whence the Kings Iurisdiction is we may also discerne by this what our obedience must be for power and subiection are so Relatiue as since the King commaunds in all things conducing to our Peaceable and Religious being wee must obey in all those This therefore is our first Originary naturall and Congenite obedience to obey the Prince This belongs to vs as we are men and is no more changed in vs by being Christians then our Humanity is changed yet hath the Romane Church extolled and magnified three sorts of Obedience to the preiudice of this 13 The first is that which they call Caecam obedientiam which is an inconsiderate vndiscoursed and to vse their owne word an Indiscreete surrendring of themselues which professe any of the rules of Religion to the command of their Prelate and Superior by which like the vncleane beasts They swallow and neuer chaw the cudde But this obedience proceeding out of the will and electioâ— of them who applie themselues to that course of life cannot be of so great authority and obligations as the other which is naturall and borne in vs and therefore farther then it agrees with that it is not out of rectified reason 14 And though it seeme scarce worthy of any further discourse yet I cannot deny my selfe the recreation of suruaying some examples of this blinde and stupid obedience and false humility nor forbeare to shew that by their magnifying thereof and their illations thereupon not only the offices of mutuall society are vncharitably pretermitted but the obedience to Princes preiudic'd and maimed and the liuely and actiue and vigorous contemplation of God clouded and retarded 15 For when a distressed Passenger intreated a Monke to come forth and helpe his Oxe out of the Ditch was it a charitable answere to tell him That he had bin twentie years dead in his graue and could not now come forth Yet it may seeme excusable in them to neglect others if this obedience make them forget themselues as certaine youthes whom their Abbot sent with Figges to an Ermit loosing their way sterued in the Desart rather then they would eate the Figges which they were commanded to deliuer Is it likely that when Mucius a Monke at the commaund of his Abbot who bid him cast his crying sonne into the riuer and
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
proue that Conclusion So that as if it pleased him to haue said so definitiuely without arguing the case the Decretall had beene as perfit and binding as it is after all his reasons and argumentation so doe not his Reasons bind our reason or our faith being no part of the Definition but leaue to vs our liberty for all but the Definition it selfe 46 And a Catholique which beleeues by force of this Decretall That he cannot be saued except he obay the Pope is not bound to beleeue thereâ—fore that these words of S. Iohn There shall be one sheepe-folde and one sheepheard are meant of a Subiection of all Christian Princes to the Pope as this Decretall by way of Argument sayes but he may be bold for all this to beleeue an elder Pope that this is spoken of ioyning Iewes and Gentiles in one faith or Theophilact That this proues one God to be the sheepheard of the olde and new Testament against the Maniches Nor is he bound because this Decretall saies it by the way to beleeue that the words in Saint Luke Behold here are two swords to which Christ did not answere It is too much but it is enough doe proue the spirituall and temporall swords to bee in the disposition of the Church but he is at liberty for all this to bâ—leeue Chrysostome That Christ by mentioning two swords in that place did not meane that they should possesse swords for what good sayes he could two swords doe but he forwarned them of such persecutions as in humane iudgement would neede the defence of swords Or he may beleeue Ambrose That these two swords are the sword of the Worde and the sword of Martyrdome of which there is mention in S. Luke A sword shall passe thorow my soule So that these swords arme them to seeke the truth and to defend it with their liues or hee may beleeue S. Basil who saies That Christ spoke Prophetically that they would encline to vse swordes though indeede they should not doe so Both which expositions of Chrysostome and Basil a Iesuite remembers and addes for his owne opinion That Christ did not confirme two Swords to the Church by Saying It is enough but onely because they could not vnderstand him he broke off further talke with them as we vse when we are troubled with one who vnderstands vs not to say T is well T is enough 47 For Bellarmine is our warrant in this case who saies That those wordes intimate no more but that the Apostles when persecution came would be in as much feare as they who would sell all to buy swords and that Pope Boniface did but mystically interprete this place 48 And as the exposition of other places there cited by Boniface and his diuers reasons scattered in the Decretall â—al not within the Definition therof noâ— binde our faith so doth it not that those wordes spoken by God to Ieremy I haue set thee ouer the nations and ouer the Kingdomes and to plucke vp and roote out to destroy and to throw downe to build and to plant are veâ—ifiâ—d of the Ecclesiastique power though he say it But any Catholique may boldly beleeue that they were spokeÌ„ only to Ieremy who had no further Commission by them but to denounce and not to inflict those punishments For it were hard if this Popes Mysticall expositions should binde any man contrary to his oath appointed by the Trent Councell to leaue the vnanime consent of the Fathers in expounding these Scriptures and so an obedience to one Pope should make him periured to another The last Dâ—finition therefore of this Decretall which was first and principally in the purpose and intention of this Pope which is Subiection to him is maâ—ter of faith to all them in whom the Popes Decreâ—s beget faiâ—h but temporall Iurisdiction is not hereby imposed vpon the conscience as matter of faith 49 But because this Canon was suspiciously penn'd and perchance misinterpretable and bent against the kingdome of France betweene which state and the Pope there was then much contention so that therefore it kept a iealous watch vppon the proceeding of that Church Clement the fifâ— who came to be pope within foure yeares after the making of this Canon made another Decree That by this Definition or Declaration of Boniface that Kingdome was not preiudiced nor any more subiect to Rome then it was before the making of that Decree And though it was not Clements pleasure to deale cleerely but to leaue the Canon of Boniface as a stumbling blocke still to others yet out of the whole History this will result to vs that if this temporall Iurisdiction which some gather out of this Canon were in the Pope Iure Diuino hee could not exempt the kingdome of Fraunce and if it were not so no Canons can create it But euen this exemption of Clement proues Bonifaces acte to be Introductory and new for what benefite hath any man by being exempted from a Declaratorie law when for all that exemption â—ee remaines still vnder the former law which that declares So that nothing concerning temporall Iurisdiction is defined in that Canon but it is newly thereby made an Article of faith that all men must vpon paine of damnation be subiect to the Church in spirituall causes from which Article it was necessary to exempt France because that kingdome was neuer brought to be of that opinion 50 And in the last Volume of the Canon law lately set out in the Title De Rescrip Mand. Apost there is one Canon of Leo the tenth and another of Clement the seuenth which annull all Statutes and ciuill constitutions which stoppe Appeales to Rome or hinder the execution of the Popes bulles and inflicts Excommunication and Interdicts the Dominions of any which shall make or fauor such Statutes But because these Canons doe not define thisâ— as matter of faith I doubt not but the Catholiques of England would bee loath to aduenture the daungers which our Lawes inflict vpon such as seeke Iustice at Rome which may be had here And they doe though contrarie to these Canons in continuall practise bring all their causes into the Courtes of Iustice here which if the Canons might preuaile belong'd to Rome 51 And these be all the Canons which I haue mark'd either in mine owne reading of them or from other Authors which write of these questions to bee cited to this purpose Those which concerne Ecclesiasticke immunitie or the Popes spirituall power I omitted purposelyâ— And of this kind which I haue dealt withall I doubt not but some haue escaped me But I may rather be ashamed of hauing read so much of this learning then not to haue read all 52 Heere therefore I will conclude that though to the whole body of the Canon Law there belong'd as much faith and reuerence as to the Canons of the old Councels yet out of them you can finde nothing to
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 fifteeneâ— 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 â— 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 â—onsummate heresie because no Pseudo-Councels as yet haue beene able to establish the conâ—raâ—ie 52 And though these markes and certaine notes of Heresie be tyrannically and cauâ—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 inâ—inuated themselues and got deepe roote in the Church before they made any noise or trouble in the state thereof anâ— 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 foâ—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 â—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 Lawâ—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 truethâ— 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 improperâ— 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 expâ—esse wordes and the plaine and common sense and vnderstanding of the same And Sayr saies That if we must sweare