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A66962 Considerations on the Council of Trent being the fifth discourse, concerning the guide in controversies / by R.H. R. H., 1609-1678. 1671 (1671) Wing W3442; ESTC R7238 311,485 354

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Catholicae detrimentum a Concilio supremo ejus Rectore Desensore auxilium sperandum Neque vero saith he tergiversationis locus est * quod pars altera ad faedus ineundum per vim injustam adacta sit cum paciscentes superiorem Judicem non habeaut qui causa cognita ipsis jus dicat * Nor Quod soedus publica authoritate initum Principi aut Reipublicae paciscenti perniciesum esse appareat Nor * Quodcunque incommodum sen detrimentum Ecclesiae Catholicae ex faederis observatione inferendum and his reason is because if such prejudices to Church or State be once admitted as just causes for voiding the publick Faith Nulla pax aut Societas inter humanum Genus consistere possit This concerning the publick Faith given to Infidels Hereticks Rebels or others in matters where no common Superior is acknowledged to have Right of disposing them otherwise § 97 But as to private Contracts Faith or Oaths where there is a common Superior to both parties who may restrain or moderate these upon all occasions according to the publick and private good here several Laws and Constitutions and common Customs grounded on a moral equity and necessity do give him a power in several cases which may happen such as these where such Contract or Oath is extorted by some injury first done to the party as by force fraud fear or where such engagement made in some great perturbation and transport of mind or where the contract though in a matter lawful yet brings some great unexpected and unforeseen damage to the publick or privat good Spiritual or Civil or also is a hinderance of some considerable greater good of the Church or State which the Contractors ought to prefer before their private when these are judged not by the party but by the Superior to be such the laws I say do give Him power in such cases to relax such pacts or Faith and to oblige the party to whom they are made being subject to him and such laws to remit them And the parties in making any such pact may and ought to know this superintendent power or also all such Oaths and Contracts when they are made are supposed to include a tacit Exception of such cases to be stated by the Arbitrement of such Superiors And indeed what thing better can be contrived within the limits of a settled Government than that such engagements should be transacted with such a reserve of capability of relaxation by the Superior where otherwise either by the difficulty of the observance of them the circumstances being changed they will probably be broken or some great damage by them publick or private inferred But in the publick or private Faith passed between persons that are joyned together in no such society no such thing can be admitted but the matter of such oath or promise being jure Divino lawful and diminishing no third Persons legal Rights all damages whatever are to be sustained in a strict and undispensable observance thereof so far as the party to whom such engagement is made shall exact it And so in some sence Faith is maintained to be kept by Catholicks to Enemies Heretick● Infidels c. when not so by one Catholick to another because the constitutions or customs of the Government Ecclesiastiacal or Civil under which Catholicks live do not extend to these other Covenants and the excuse of damage fear force c. hath here no place or consideration where is to be had no common umpire and Judge of such matters § 98 If it be said here That Secular Princes are made by Roman Divines inferiour and subordinate to the Ecclesiastical suprem the Pope or General Council and so that the Sanctions and laws of the Church by what is said before § 97. will void at pleasure the Oath and engagement of Princes to what ever Confederat in whatever matter as this being contrary to the law of a Superior whose Constitutions they are obliged to observe It is answered that the Roman Church owns no such Doctrine nor do the Ecclesiastical Governours claim any Supremacy or Legislative power save in Spiritual matters Contrary to which therefore if any of the Churches Subjects though a Prince make any oath or promise such Faith given is not to be kept by vertue of the former subjection of such person to the Churches Laws But as for any Oaths or engagements of Princes in other matters Secular or also any use of the Secular Sword whether in matters Temporal or Spiritual the Church claims no Superiority herein The Secular and Ecclesiastical Magistrate have their distinct and independent Rights and Jurisdictions freely confessed by Cardinal Bellarmine to be both held from Christ and nor from one another Ex Scripturis saith he † De Rom. Pontis l. 5. c. 3. nihil habemus nisi datas Pontifici claves regni caelorum de clavibus Regni Terrarum nulla mentio fit Traditio Apostolica nulla Quando Rex fit Christianus non perdit Regnum Terrarum quod jam obtinebat And quoting a passage out of an Epistle of Pope Nicolaus Quicquid saith he Imperatores habent dicit Nicolaus a Christo eos habere Peto igitur rel potest summus Pontifex auferre a Regibus Imperatoribus hoc tanquam summus ipse Rex Imperator aut non potest si potest ergo est major Christo Si non potest ergo non habet vere potestatem Regiam Neither is any such Power in Temporals absolutely necessary to the Church in order to Spirituals without the exercise of which power the Primitive Church though most grievously oppressed by Secular States yet enjoyed this Government in Spirituals perfect and entire as to all things essentially necessary thereto Their proper and distinct Rights then both these supremes have And their oaths and engagement passed in matters of their proper right to what persons soever are denied generally by Catholick Divines to be dissolvable by one another § 99 Of this particular of keeping faith with Hereticks in such matters thus P. Layman a learned Jesuite † Theol. Moral l. 2. Tract 3. c. 12. Dico 4 to Si Catholici cum Haereticis publicum foedus ineant non potest per authoritatem Pontificiam solvi aut relaxari where he quotes also Molanus saying † De fid Haeret servand l. 5. c. 14. Neque ullum hactenus extitit aut unquam extabit hujus rei exemplum And thus Becanus 〈◊〉 de fid Haeret. servand c. 7. Virtutes illae ex quibus oritur obligatio servandae fidei in promissis aeque nos obligant sive apud Catholicos sive apud Haereticos versemur Nusquam enim licet mentiri nusquam jus alterius violare nusquam injustitiam committere nunquam perjurum esse Quando fidel●● paciscuntur cum Gentilibus Idolatris debent issi servare fidem in rebus licitis honestis ergo etiam quando paciscuntur cum Haereticis An oath of fidelity therefore taken by a