and approued but commended and commanded and as he addes after Canonized and determined for Canonicall law and authorized and set forth for Sacred and Authenticall whatsoeuerâ— For they continue stâ—ll that practise which Frederic the Emperour obserued in his time when they interdictâ—d his Kâ—ngdome of Sicily Offundunt bibulis auribus Canonâ—s 27 And when they list to vrge a Canon any litle rag torn or fallen off from â—hence must bind the Church de fide as a cathedrall and Decretall resolâ—â—ion for so saies he that made the Notes vppon Cassianus excusing Origen Chrysostome some other Fathers for inclining to Platoes opinion of allowing some vse of lies in wise men That it was lawfull till the Church had defined the contrary But now saies he the Pope hath decreed it And how hath he decreed it In a letter vpon a question of Vsurie the Pope saies Since the Scriptures forbid lies euen for defense of any mans life much lesse may vsury be permitted But if in this question of lying the band did not aâ—ise out of the euidence and truth of the matter it selfe but relied vppon the authority of the Popes declaration and decision can such a ragge casually and incidentally fall into a letter of another purpose by way of comparison binde the whole Church De fide when as though Sixtus 4. had so much declared himselfe to fauour the opinion of our Ladies conception without originall sinne that he had by one Canon instituted a particular Festiuall thereof and appointed a particular Office for â—hat day with many Indulgences to the obseruers thereof yet the fauourers of the contrary opinion forbore not for reuerence of that Canon to preach publiquely against that Doctrine till some yeares after he forbad it vnder paine of Excommunication by another Canon that any should affirme that she was conceaued in originall sinne and yet this is not esteemed as yet for all this to be decreed as a matter of faith in that Church yea it is so farre from it that after all these solemnities and preiudices of that Pope yet the Commissioners of Sixtus the fift and Gregory the thirteenth appointed to expunge all dangerous passages in the Canons in the Glosse vpon that Canon which reckons all the festiuall daies which are to be obserued haue left these words vntouched The Conception of our Lady is not named because it ought not to be kept though in England and some other places it be And the reason is because she was conceaued in originall sinne as all but Christ were And after the Iesuite of whom I spoke before had refreshed that Doctrine That a Confession of a person absent made by letters was Sacramentall and Clement the eight was so vehement against it that by a solemne decree he condemned it for false rash and scandalous at least and commaunded that no man should speake of it but by way of condemning it and excluded euen dumbe men from this benefiâ— yet another Iesuite since a great Doctor perplexorum findes escapes to defend that Doctrine from beeing Hereticall 28 So that though in trueth there goe verie many Essentiall formalities to such a Decree as bindes the conscience De fide yet these men when they need the Maiestie of a Canon will euer haue feâ—ters in all corneâ—s to holde all consciences which offâ—r to slip or breake from them and still oppresse them with waights and with Mountaine of Canons Which way the Canonists doe noâ— only approue as the most conuenient to hold men in that Religion because the Canons are more easily vâ—ried and flexâ—ble and appliable to occasionâ— then the Scriptures are but also because ordinâ—rily the Canonists haue no other learning they think the way by Canons to be the fittest means to reduce them whom they call Heretiques For so sayes one of them in his booke to the present Pope with mâ—ch aâ—uâ—enesse certainty and subtilty The Canons may well be alleadged against Heretiques because they alleadge Scriptures and they cannot know Scriptures by any other way then Canons 29 But besides that I haue giuen you sufficient light to look into the deformity and coâ—ruption of the Canons which GOD forbid any should vndeâ—stand me to meâ—ne of Canons in that sense and acceptation that the Ancients receaued it which is of the Constitutions of Orthodox Councels for I take it here as your Doctors do as your Confessors doe for the whole body of the Canon law extant before I enteâ— into the suruay of those paâ—ticular Canons which vsually are obtruded in this point of the Popes temporall Supremacie I will remember you briefly of some of those reâ—sons and occasions such as may be fittest to vn-entangle your consciences and deliuer them from perplexiâ—ies in which the Canons doe not binde vs to theâ—r obseruation 30 Oâ— which one of the most principall and important is That Canons doe neuer binde though they be published and knowledge taken of them except they bee recâ—aued and practised in that Country So saies Gratian Lawes are instituted when they are published but confiâ—med when they are put in practise And therefore saies he none are guilty of transgressing Telesphorus Decree that the Clergie should fast fiftie dayes because it was neuer approued by practise No more doth the Decree of Aâ—exander the third though vnder excommunication That in Armies there should bee abstinence for reuerence of certaine dayes binde any manâ— because it was not practised which opâ—nion Nauarre also followes and a late Canonist writing to this Pope calls it Singularem et Magistralem et a toto mundo allegatum And vpon this reason the Councell of Trent bindes not yet in some Countries in neither Tribunall of conscience or the outward censures of the Church because it is not receaued 31 And can you finde â—hat any such Canons as enable the Pope to depose a Prince haue beene admitted by our Princes and practisâ—d as ordinarie and currant law Or can you finde any Canon to this purpose with the face and countenance oâ— a law made by the Popes in reposed peaceable times deliuered quietly as a matter of Doctrine and conscience and so accepted by the Church and state For if in temporall Scismes and differences for temporall matters betweene the Popes and other Princes the Popes to raise or maintaine a party against their enemies haue suffered seditioâ—s Bulls and Rescripts to passe from them to facilitate and effect their enterprises then in hand this is farre from the nature of a law and from being accepted and practised and so iustified as it may be drawne into consequence and haue power and strength to binde the conscience 32 And as acceptation giues life to law so doth disuse or custome to the contrarie abrogate it And howsoeuer a superstition toward the Canons may still be preserued in some of you yet the generall state that is the same authority by which those
obeyed though hee commaund contra Societatem yea it is contra Societatem if he be not obeyed because there is a generall contract in humane Societies that Kings must be obeyed how much more must we obey God the Gouernour of all Creatures And do they which alleadge for the Popes Supremacy ouer Princes intend the Pope to be Gouernour of all Creatures Doth he gouerne Sea and Elements or doe they thinke that the will and commandements of God are deriued to vs onely by the way of the Pope or why should not wee thanke them for producing this Canon since it is direct and very strong for Kings and for the Popes it is but common with all other Magistrates who must be obeyed when God speaks in them or when they spâ—ake not against God 21 In the tenth Distinction one Pope by the testimony of two other popes saies That the Ecclesiastique Constitutions must be preferred before the Emperours lawes And the cases mentioned there are the constituting of a Metâ—apolitane the dissoluing of a Mariage vpon entring into Religion to which I say that these cases by consent of the Emperours were vnder their iurisdiction And if you gather a generall rule by this of the force of Canons aboue Ciuill lawes you proceede indirectly accepting the same persons for Parties Iudges and Witnesses and besides it is not safe arguing from the Emperour to another absolute Prince nor from the authority which Canons haue in his Dominions to what they should haue in all 22 In the 21. Distinction A Pope writing to a Bishoppe of Milan telles him That the dignities and preheminences of Churches must be as the Bishoppe of Rome shall ordaine because Christ committed to Peter which hath the keyes of eternall life Iura terreni simul Caelestis imperij But if he meane by his Terrenum Imperium the disposing of the dignities and preheminencies of Churches one aboue another in this world Or if he meane by it That he hath this Terrenum Imperium as he hath the keyes of heauen that is to binde and loose sinnes by spirituall censures and Indulgences of absolâ—tion in which capaciâ—y he may haue authority ouer the highest secular Princes for any thing conteined in this Oath this Canon wil do vs no harme But if hee meane that Christ gaue him both these authorities together and that thereby he hath them as Ordinary Iudge then Bellarmine and all which follow the Diuines opinion of indirect power will forsake him and so may you by their example 73 After another Pope Gelasius writes to Anastasius the Emperour comparing Secular and Ecclesiastique dâ—gnity And he saâ—es You know that you depend vpon their iudgement but this is saies the Glosse in spirituall matters And because this Canon comes no neerer our question then to iustifie in the Pope a power of excommunicating Princes for it assumes no more â—hen Ambrose exercised vpon Theodosius I will stand no longer vpon it 24 And these be the Canons which out of the Distinctions I haue obserued to be scattered amongst their Authours when they teach this doctrine for any that preferres Priest-hood befoâ—e Principality seemes to them â—o conduce to that point Now I will follow Gratian in his other parts where the first is the Canon Nos si incompetenter which is veâ—y ofâ—en vrâ—ed but it is so farre â—rom inâ—luding this power of Deposing that it excludes it â—or allowing the Priest poweâ— to Reprehend and remembring former examples of Excommunication hee addes Nathan in reproouing the King executed that office in which he was Superiour to him but he vsurped not the Kings office in which he was inferiour nor gaue iudgement of death vpon him as Adulterer or murderer 25 In the seuenth Question of the ninth Cause from the Canon Episcopo to the end of that Question there are many sayings which aduance the digniâ—y of the Romane Seate and forbidde al men to hinder Appeals thither or to iudge of the popes Decrees But all these were in spirituall causes and directed to spirituall persons and vnder spirituall punishments Onely in the Canon Fratres the king of Spaine seemes to be threatned but it is with Excommunication onely And all these Canons together are deliuered by one Pope of another In whome saâ—es the Glosse It is a familiar kinde of proofe for one one Pope to produce another for witnesse as God did proue the sinnes of Sodome by Angels And as there is much iniustice in this manner of the Popes proceeding so is there some tincture of blaspemy in the maner of iustifying it by this Comparison 26 The Canon Alius which droppes out of euery penne which hath written of this Subiect is the first wherein I marked any Pope to speake of Deposing In this Gelasius writes to Anastasius a Pope to an Emperour that Pope Zachary his predecessor had deposed the King of France because he was vnfit for so great a power But the Glosser doth the Pope good seruice and keepes him within such a conuenient sense as may make him say true For saies â—e He deposed that is Hee gaue consent to them which did depose which were the States of that Kingdome which he saies out of the Euidence of the history for he is so farre fâ—om coarcting the Popes power that wee may easily deprehend in the Glosse more â—raud and iniquity then arrogance and tyrannie in the Pope For saies he the vnfitnesse of the French King was licentiousnesse not infufficiency to gouerne for then the Pope ought to haue giuen him an assistant To proue wâ—ich he cites two other Canons In which places it appeares That to Bishoppes vnable by reason oâ— age to discharge their functions the Pope assigns Coadiutores and by this the Glosser might euict that he hath the same Ordinary authority to dispose of Kingdomes as of Bishoprickes This Canon therefore doth onely vnfaithfully relate the act of another Pope and not determine nor decree any thing nor binde the conscience 27 In the same Question there is a Canon or two in which our case is thus farre concern'd that they handle the Popes authority in Absoluing and Dispensing from Oathes And the first is câ—ted often and with great courage because besides the word Ab omnibus Iuramentis cuiuscunquemodi obligationibus absoluimus there followes parsue theÌ„ with the spirituall and materiall sword But when we consider the case and the History this power will not extend to our cause For the Pope thereby doth giue liberty to some Bishops to recouer by iust violence such parts of the Church Patrimonie as were taken away from them and doth dispence with such oathes as they had beene forced to take by those which iniuriously infested the Church Yet I denie not but that the glosser vpon this Canon is liberall enough to the Pope for he sayes hee hath power to dispence against the law of Nature against the Apostle 28 After this followes that
these also Pelargus hath noted the Iesuites to haue gone beyond others and therefore more then others they incite in these points to a false Martyrdome 34 But as the late inuention of Artillery and Gunpowder though it haue much horrour and affâ—ightment in it yet haâ—h not done so much harme as it threatned because the fury and violence thereof hath occasioned men to study more waies of defence and auoidance so thâ—t wee see the warres deuoure fewer men now then before this inuention came so hath the impetuous rage and pertinacy of the Iesuits in oppugning euerie thing which they find not to be at Rome encouraged other Churches to oppose strong defences against them and superstition swallowes fewer men now then before these new Enginers laboured to promote and aduance her And as those instruments of battery which the auncients vsed in the warres were more able to ruine and demolish then any which are made out of this new inuention but were left off and dis accuâ—tomed only because they were not so maniable and tractable and apt for transportation as these are So certainely the Arguments and bookes of the Friars and Schoolemen of the Romane Church which is the Arsenall from whence the Iesuites prouide and â—urnish themselues haue as much force against the truth as the subtilties of the Iesuites but that these men aâ—e by their Rule and Constitutions apter for conueyance and insinuation then the dull cloysterall Monkes can be 35 For there are diuers poysons which cannot work except they be eiaculated from the creature it selfe that possesseth it and that his personall and present liuely malignity concurre to it and giue it vigour for which these vbiquitary Monks haue the aduantage of all others 36 Nimietates sunt aequalitates saies Cassianus And so two extreamities haue made the Schoolemen and the Iesuites equally valiant for the Schoolemen out of an ignorance of danger hauing neuer come to hand-blowes would venter vpon any peece of seruice and any employment and pierce through and spie euen into Gods secret Cabinet of his Essence and of his Counsails as a fresh Souldier will goe with alacrity to any breach And then because these sublime and ayrie meditations must haue some body to inhere in they vsed to incorporate their speculations of God in the Pope as it were to arrest and conserue them the better being else too spirituall and transitorie And so they haue so much exemplified them one in the other that they haue made them so like and equall in their writings as though they were but one 37 And the Iesuites out of a desperate necessity must maintain their station because if they yeeld one steppe they will be the lesse able to stand in the next but after they haue confessed that the Church hath erred in one thing thinking that will subiect her in all no place of Scripture is so abundantly and euidently pregnant no reason or consequence so directly and necessarily deduced and concluded no History nor matter of fact so faithfully presented and so certainly and religiously testified but they will stand stubbornly and desperately to oppugne and infirme it 38 What wound so euer they receiue in this battaile they disguise and hide from their Disciples by â—orbidding our bookes And as Ribadeneyra sayes of their Father Ignatius That he halted of the wound which he receaued at Pampelune but so little that the most curious could scarse discerne that he halted So by some euasions or supplements or concealings they euer dissemble their maimes and deformities 39 To which purpose they haue one round and dispatching way which is not onely to neglect but to bragge of all which we impute to themâ— for so one of them sayes That it is the greatest Argument of Innocence to be accused by vs And that he cannot be guilty of error in Religion whom an Heretique condemnes For as it was paâ—t of the Oath of the Grecians against Xerxes that those Temples which the barbarous Armie had demolished they would not reedifie that thereby there might bee a continuall testimonie remaining of the impiety So I thinke the Iesuites flatter themselues with some such resolution by leauing vnanswered the books and arguments of so many reuerent persons which haue spoken plentifully and prosperously of these points of Merit and Purgatorie 40 But of their other Doctrine by which more then others they prouoke to this lauish and contemptuous expence of life which is The auiling of the dignitie of Princes there can neuer enough be said For all other Orders may consist and execute and performe all their vowes without any iniuâ—ie to Princes They may be as poore as they will till they come to that state if they desire it which Nerius begd of God That he might lacke a pennie and no body might giue it him They may be as chaste as that Iesuite which Gretzer sayes hee knew who being not able to scape from a woman which tempted him and held him anointed his owne face retrimentis suis that thereby she might abhor him They may be as obedient as Cassianus sayes the Tabennentiotes weâ—e who durst not presume without leaue of their Superiour Naturali necessitati satisfacere Or as that Friar Iohn who at his Abbats commaund planted a dry withered sticke and twice a day for a whole yeare fetched water two miles of to water it sparing no festiuall day nor apprehending any impossibility in it Or as Saint Francis his Nouice who at his bidding set plants with the head downward These things they may doe and yet be good subiects But the Supernumerâ—ry Vow of the Iesuites by which they doe especially oblige themselues to the Popes will doâ—h in the nature and Essence and scope thereof make them enemies to the digniâ—ie of all Princes because their Soueraigntie cannot consist with that temporall Supremacie which the Iesuites must maintaine by the obligation of that vow by which they are bound with expence of their lifes to penetrate any Kingdome and instill Sedition into their Disciples and followers 41 How fast this infection works in them as by many other Demonstrations so by this also it appeares euidently that there are extant more Authors of that one Order that haue written of Secular businesses and of Iurisdiction of Princes then of all the rest since their beginning For their Casuists which handle Morall Diuinitie and waigh and measure sinne which for all that perplexitie and entangling we may not condemne too hastily since in purest Antiquitie there are liuely impressions of such a custome in the Church to examine with some curiositie the circumstances by which sinnes were aggrauated or diminished doe not onely abound in Number especially of the Spanish Nation but haue filled their bookes with such questions as these How Princes haue their iurisdiction How they may become Tyrants What is lawfull to a priuate man in such a case and of like seditious nature So that they haue abandoned the
that his disobedience to the Pope despoiled him not of the name of Catholique a late Neophite of your Church hath obserued 32 For the Pope is subiect to humane errors and impotencies and when a great sword is put into a weake hand it cannot alwaies be well gouerned And therefore when Bartholinus an aduocate in the Court of Rome a bolde and wittie man had aduentured to coâ—uay secreâ—ly cerâ—aine questions in which he declâ—red his owne opinion affirmatiuely amongst which one was That if the Pope were negligent or insufficient or head-strong to the danger of the Church the Cardinals might appoint him a Curator and Guardian by whom hee should dispatch the affaires of the Church his reasons are said to haue preuailed with excellent Masters in Theology and Doctors in both lawes and that many Cardinals adbered thereunto till the Pope comming to the knowledge thereof imprisoned six of the Cardinals and confiscated their estates 33 But if as it is forbidden vnder Excommunication to make any Comment vpon one Canon which concernes the priuileges of the Franciscans which were the best labourers in the Popes Vineyard til the Iesuits came so it were forbidden vpoÌ„ like penaltie to interpret the Popes Breues yet no such law can take away our natural libertie nor silence in vs these dictats which nature inculcates That against the end for which it was instituted no power can be admitted to worke For from your Syluester wee learne That the Popes precepts binde not where there is vehement likelyhood of trouble or scandall And so he puts the iustifying and making valid the Popes Breues to the iudgement of considerate men though parties 34 So also is it said there That it is not the purpose nor intention of the Church to bee obeyed in such dangers For auoydance of scandall is Diuine law and to be preferred before any commaund of a Pope which is but Humane law for Diuine positiue law yeeldes to this precept of auoyding scandall as I noted before in the integrity of confession where some sinnes may be omitted rather then any scandall admitted And therfore their great Victoria complaines iustly of great inconueniences If all matters should be left to the will of one man who is not confirmed in grace but subiect to error or which saies he I would it were lawfull for vs to doubt meaning that daily experience made it euident for so hee addes in the point of Dispensations We see daily so large and dissolute dispensations as the world cannot beare it And not long after in the same Lecture he â—aies We may philosophy and we may imagine that the Popes might be most wise men and most holymen and that they would neuer dispense without lawfull cause but experience cries out to the contrary and we see that no man which seekes a Dispensation misses it And therefore we must dispaire if it be left Arbitrio humano For saies he the Pope must trust others and they may deceiue him if hee were Saint Gregory himselfe And he addes further We talke as though wee needed great Engines to extort a Dispensation as though there were not me expecting at Rome when any man wil come and ask a dispensation of all those things which are prouided against by the lawes and though hee confesse that former Popes were not so limited as he desiers the Popes in these times might be it was saies hee because they did not presume so easily to dispence against Councels Da mihi Clementes prouide me sayes he such Popes as Clement Linus and Syluester were and I will allow all things to be done as they list 35 And then since de facto it may bee and often is so whether a Precept of the Popes doe worke to that end for which the Church gouernment was committed to him or no Naturall Reason sayes a learned Iesuite will instruct vs. Who thereupon makes a free and ingenuous conclusion in a question of the Popes power in making a Law of Electing a Successour That the Pope might make such a Law if hee would but the Church would neuer receiue it Which how could Azorius pronounce or know but by the insinuation of naturall reason and conueniencie which Counsailer and Instructer euery other temperate and intelligent and dispassioned man hath as well as he 36 And so also saies Fran. a Victor and as manie as speake ingenuously That where the Mandates of the Pope are in Destruâ—tione Ecclesiae they may be hindred and resisted For in the greatest effect which can be attributed to the Popes Bulls in these temporall affaires which is discharging of Subiects from their obedience that peremptorie Canon Nos Sanctorum bindes not except it may bee done without grieuous damage to the Subiect and though by the vertue of that Canon they may forbeare their obedience if they will yet they are not bound thereby to doe it Yea it were vnlawfull to denie that obedience in cases of scandall or tumult For so also sayes another of your great men It is often expedient to obey euen an vniust law to auoid scandall And the late vn-entangler of perplexities Comitolus the Iesuite who vndertakes to cleare so many cases which Nauarrus and many others left in suspence when he comes to handle the question whether a Professor of the Romane faith being sent into those parts where the Greeke Church obserues other rites may goe to their seruice in such cases as he allowes it he builds vpon this Reason That by the law of God and of Nature it is lawfull and the Precepts of the Church which forbid this doe not binde Christians in cases of great detriment to the life or soule or honor or fame or outward things 37 Since therefore a ciuill constitution which in power of binding and all validities except immuraâ—lenesse is by your owne Authors equall to Diuine had possessed your conscience and so refreshed by a new solicitation your naturall natiue Alleageances so that no Breue could create in you a new conscience in this case no more then if it had forbidden Obedience to the common law or any other statute because it belongs not to you to iudge what is sinne and what conduces to spirituall ends since by the testimonie of the Popes owne Breues his Breues are subiect to many infirmities and open to the interpretation of meane men since they are often reuoked and pronounced to haue beene voide from the beginning vppon such reasons as it is impossible for you to suspect or spie in them when you admit them since these Breues haue contributed their strength and giuen authority to vaine and to suspitious and to false and to blasphemous legends since the Pope is allowed to neglect all waies of informing himselfe of the â—ruth in the most generall most important matters since recourse to your Superiours is not affoorded which you know both by the practises of one partie and faction
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
to be Hereticall and that since there was a Canon of a generall Councell pretended for the conâ—rary opinion and that it was followed by many learned men it were too much boldnesse for a priuate man to aâ—erre it to be Hereticall I am willing to deliuer them of that scruple 37 It is no strange nor insolent thing with their Authors to lay the Note of Heresie vpon Articles which can neither be condemned out of the word of God nor are repugnant to any Article of faith for Castrensis that he might thereby make roome for traditions liberally confesses That there are many Doctrines of the Heretiques which cannot be refelled by the testimonie of the Scriptures And the Iesuite Tannerus is not squeamish in this when hee allowes thus much That in the communion vnder one kinde and in fasts and in feasts and in other Decrees of Popes there is nothing established properly concerning faith So that with you a man may be subiect to the penalties so to the infamie so to the damnation belonging to an Heretique though hee hold nothing against the Christian faith 38 But wee lay not the Name of Heresie in that bitter sense which the Canons accept it vppon any opinion which is not agaâ—nst the Catholique faith Which faith wee beleeue Leo to haue described well when hee saies That it is singular and true to which nothing can be added nor detracted and we accept S. Augustines significâ—tion of the word Catholique wee interpret the name Catholique by the Communion with the whole world which is so Essentiall so truly deduced out of the Scriptures that a man which will speake of another Church then the Communion of all Nations which is the name Catholique is as much Anathematized as if he denie the Deaâ—h and Resurrection of Christ. And what is this Essentiall truth so euident out of Scripture which designes the Catholique Church Because sayes Augustine the same Euangelicall truth which tells vs the Death and Resurrection tells vs also That Repentance and Râ—mission of sinnes shall be preached in his Name through all Nations That therefore is Catholique faith which hath beene alwaies and euery where tâ—ught â—nd Repentance and Remission of sinnes by the Death and Resurrection oâ— Christ and such truthes as the Gospell teaches are that Doctrine which coagulates and gathers the Church into a body and makes it Catholique of which opinion Bellarmine himselfe is sometime as when he argues thus whatsoeuer is Heresie the contrarie thereof is veritas fidei for then it must be maâ—ter of faith And an errour with pertinacie in those points onely should bee called Heresie in that heauie sense which it hath in a Papists mouth 40 Castrensis foresaw this Danger of Recrimination and retorting vpon themselues tâ—is opprobrious name of Heretique if they were so forward to impute it in matters which belonged not to fâ—ith for accordingly he saies They amongst vs which doe so easily pronounce a thing to be Heresieâ— are often striken with their own arrow fall into the pit which they digged for others And certainly as tâ—e Greeke Church by vsing the same stâ—â—nesse and râ—gour towards the Romane as the Romane vses towards the other Westerne Churches which is not onely to iustifie their opinions but to pronounce the contrarie to be Heresie hath tamed the Romane writers so farre as to conâ—esse that tâ—ey condemne nothing else in tâ—eir opinion and practise of consecrating in a different bread but that they impose it as a necessitie vpon all other Churches and hath extorted a Decretall from Pope Eugenius That Priests in Consecrating not onely may but ought to follow the custome of that Church where they are whether in leauened or vnleauened bread and â—nnocent the thiâ—d required no more of them in this point but that they would not shewe so much detestation of the Romane vse therein as to wash and expiate their Altars after a Romane Priest had consecrated So if it should stand with the wisedome and charity of the Reformed Church Iuridâ—cally to call all the Addiâ—ions which the Romanes haue made to the Catholique faith and for which wee are departed from them absolute and formall Heresie though perchance it would not make them abâ—ndon their opinions yet I thinke it would reduce them to a moâ—e humane and ciuill indifferencie to let vs without imposing tâ—eir traditions enioy our own Religion which is of â—t self in their coÌ„fession so free froÌ„ Heresie that they are forced to maâ—e this all our Heresie that we will not adâ—it theirs 41 Yeâ— somethings haue so necessary a consequence and so immediate a dependance vpon the Articles of faith that a man may be bolde to call the contrary Hereticall though no Defiâ—ition of any Councell haue pronounced it soâ— yea somâ— Notions doe so precede the Articles of our faith that the Articles may be said to depend vpon them so farâ—e as they were frustrate if those prenotions were not certaine Of that sort is the immortalâ—ty of the soule without which the worke of redemption weâ—e vaine And therefore it had beene a vitiâ—ous tendernesse and irreligious modesty if a man duâ—st not haue called it Hereticall to say that the soule was mortall till Leo the tenth in the Laterane Councell Decreed it to bee Heresie For though Bellarmine in one place reqâ—ire it as Essentiall in an Heresie I hatâ— haue beene condemned in a Councell of Bishoppes yet he saies in another place That the Popes alone without Councels haue condemned manâ— Heresies 42 And this liberty hath beene vsed as well by Epiphanius and S. Augustine in the purer times as by Castrensis and Prateolus in the later Romane Church and of late yeares of those which adhere to Caluins Doctrine by Danaeus and of Luthers followers by Schlusselbergius all which in composing Catalogues of Heretiques haue mentioned diuers which as yet no generall Councel hath condemned So did the Emperours in their constâ—tutions pronounâ—e against some Heresies of which no Councell had determined So did the Parliament of Paris in their sentence against Chastell for the assassinate vppon the person of this King of France pronounce certaine words which he had sucked from the Iesuits and vttered in derogation of Kings to bee Seditious Scandalous and Hereticall 42 And if the Oath framed by order of the Councell of Trent and raâ—ified and enioyned by the Popes Bull be to be giuen to all persons then must many men sweare somethings to be of the Catholique faith and some other things to be Hereticall in which he is so farre remooued from the knowledge of the things that he doth not onely not vnderstand the signification of the wordes but is not able to sound nor vtter nor spell them 43 And hee must sweare many things determinately and precisely which euen after that Councell some learned men still doubt As that a license to heare confessions in euery Priest