CErtaine Italian gentle­men, who, for the better at­tainement of militarie skill, serued in the Armie of the States in the Low Countries, did, the Holy weeke last past (which is the weeke of preparation before Easter) present and prostrate themselues be­fore [Page] a Confessor in the towne of the Haghe, that so they might reueale their sinnes, and from him receiue absolution. But the Priest, that was thus by them elected for their Spirituall Father, denyed absolution vnto them all.

Nothing may bee said to be light or of small estimation, where matter of Religion and of Conscience is handled, but rather to bee held full of moment and consideration: especially ought those points to bee so repu­ted, which treate of remission of the trans­gressions committed against the Maiestie of God, and of the meanes to receiue spirituall consolation from the most holie Sacraments of Penance and Communion. And certaine it is, that if the Confessor shall proceed vniustly by a pertinacious refusall of Absolution to him vnto whom it doth belong, he tyranni­cally vsurpes vpon the Soule, deeply offends the diuine Maiestie, abuses the spirituall au­thoritie committed vnto him, and doth in­tollerably violence the Holy Church and his Neighbour.

Touching this successe, I being to make an answere, and to shew what is consonant to di­uine and humane Reason, and conformable [Page] to the sacred Theologie, and to the Canons of the holy Catholike Church, that my proceeding may bee with order and cleerenesse; I hold that the action of the Confessor in refusing absolution to his Ghostly Penitents, cannot flow but from one of these Heads, or from many of them in vnion and concurrence to­gether.

• 1 Either from a scruple, What these gentlemen had to doe, to be in that countrey where they serued as souldiers; which is that which concerneth the Penitent.
• 2 Or, from the Confessors part: for that hee had commandement, and precise instruction so to do.
• 3 Or, in regard the matter it selfe doth so re­quire: because it is not lawfull for them, be­ing Gentlemen of Italy, to dwel in the Low Countries, subiect to the LL. the States of Holland, without continuance in sinne.
• 4 Or lastly, because that they, exercising [Page] themselues in a militarie profession, doe this vnder the banner of the States of Holland against the King of Spaine, or the House of Austria. I cannot deuise any other ground that the Confessor might haue. And vpon euery of these I will very briefely frame my Discourse: to the fabricke whereof I will onely bring materials necessarie and agreeable to Ca­tholicke Doctrine.

For the first, It is cleere amongst Diuines primarily, and then amongst Canonists and Professors of Cases of Conscience, That the er­rour of the mind, concerning humane acti­ons, which judgeth of them sinisterly, and is called an erronious Conscience, is ligatorie: whence it followeth, That if those Penitents haue before their Confessor made it a matter of Conscience, and haue confessed their dwel­ling and seruing as souldiers, as a sinne, and cannot calme and dispossesse their Consci­ences of that errour, the Confessor might and ought by the rules of Conscience, to deny them absolution: because whosoeuer actual­ly doth perseuere in his sinne, and is persua­ded [Page] by his Conscience (albeit erronious) that hee doth sinne, and will not abstaine from it, hee may not be absolued.

But this cannot be in our Case, because it is knowne expressely, that the Confessor was he who raised the scruple in his Penitents, of a matter which they neuer held to be a sinne: and it came to such termes, that hee denied them the spirituall comfort of absolution, vn­lesse they would promise to depart from those countries. And this is easily euicted by argument: For if it had beene a scruple of the Penitents, it is not probable, that the same should haue happened vnto them all, and after the same manner, as that all should frame and fancie to themselues an incapaci­tie of absolution. And albeit all of them had fallen vpon the very same scruple, yet did the Confessor know, whether it were a scruple of reason and foundation, or whether it were deuoide both of reason and ground. Whe­ther or no it were reasonable shall herafter be demonstrated, and proofe made, that it can­not hold water. If it be without the ground­worke of reason, then was he obliged by the tyes of Conscience, to informe them, and to [Page] procure them to lay aside their errour. Nei­ther is it likely that all of them after the same manner, and as if they had had but one braine in common amongst them, should re­maine incapable of reason, and should bee so obstinated in an erronious conscience, that for this respect it should be thought fit to de­nie them after one and the same Tenor, the benefit of Confession. Moreouer, it would haue beene (as a great Doctor said, but to another purpose) an Afinine ignorance, and a Hare-like fearefulnesse, if all those Gentlemen, after that they had a long time aduised with their friends and kindred in their countrie, to im­ploy themselues in warre, and had deliberatly made election of a countrie so remote, with so much perill and expence (because it is the learnedst Schoole for that kind of discipline, that at this time is in all Europe, yea in the whole world) should all of them as it were by consent, haue waited together a whole yere to raise a scruple of Conscience of that tenaci­tie, that the rationall persuasions of their Spi­rituall Father should not bee able to obtaine so much vpon any one of them, as to remoue him from that fancie & to re-estate & place [Page] him within the boundaries of reason. And hence it appeares that this Head is totally excluded.

Concerning the second: It is long since that the Fauourers of the Court of Rome, and those that are dedicated to promote the Spa­nish Monarchie, did with such subtiltie, and so vniuersally vpon all aduantages serue their turne with the Pretext of Religion, that there is nothing by them left vnattempted, where they may with the specious Mantle, and couerture of Religion (a way among men most powerfull) bring vnto their part any profit, aduance their owne interests, and ad­uantage themselues in their vast pretentions. One way they haue opened, and still beat it as much as may be, and that is this: A custome hath beene introduced by a necessitie of the Common good, and by the iust and legiti­mate interest of State and good Gouerne­ment, and by the rules of their owne peculiar preseruations, as it is by all Lawes most war­rantable, That many both great & petty Ca­tholicke Princes maintaine Embassadors, Secre­taries, and other their Ministers, to bee neere those Princes, and Potentates, who, although [Page] Christians, yet are not in vnion with the Apo­stolike Romane Sea, and doe not yeeld, no not in Spirituall matters, the obedience which it desireth. As soone as they vnderstand that an Ambassador is chosen, they presently hunt about to know what Priest hee intends to take along with him to administer the holy Sacraments vnto him in those Countries where he is to be imployed; and hauing pe­netrated what he is, they instantly assault him with powerful offers and offices of loue; with large promises and hopes, and (according the quality of the person) with threats and ter­rors of Conscience, with apparant arguments of the seruice of God, and of aduancement of the Catholike Religion, which is euer the Gar­rison or Centinell, to warne & induce them to receiue their instructions, and to hold in­telligence with them; and they are made to promise, and to sweare too, that they will follow their directions with all care & pun­ctualitie. And as in this manner they infalli­bly attempt all, so haue they happily preuai­led with some; in so much that Embassadours thinking to carry Priests with them, who may haue care of their Soules, and of their Fami­lies, [Page] haue giuen salaries vnto persons that obserue with all exquisitenesse the interests of the Courts of Rome and Spaine, and do vsu­ally transmit vnto those Courts, all Relations and Reports; so as in steede of attending on the Soules committed vnto their charge, they become the Priests and Pretors of other mens subiects, to the no small distast of those Princes with whom the Embassadours endea­uour to preserue, and, for the common de­fence, to augment all good correspondence. Hence spring the continuall doleances of those Princes, that, from such as these, their subiects are debauched in their Allegeance, and in their Consciences contaminated; that from hence Seditions are raised, Rebellions machinated, Conuenticles and vnlawfull Assemblies celebrated. And these Princes are powerfully persuaded, that their care for Re­ligion is least in their thoughts, which meere­ly serues them for a colour: but that their reall and true end is, to make a muster and take a suruey of all persons malecontented with their Gouernement, and of all corre­spondents with strangers by way of clande­stine intelligence; and so vnder this couert [Page] to designe and practise against the State. And they thinke that they haue great reason to be jealous, and to haue vehement suspition thereof; because the greatest part of Con­spiracies, Machinations and Rebellions, haue had their spring from the like pretexts and practises. And to this purpose doe those Princes euer record the Leagues in France, the attempts vpon the liues of so many Prin­ces, the Powder-treason of England, the reuolt of the Valtellina, and other semblable combi­nations. And in this discourse of Chaplains, it is fresh in memorie, that a certaine Embassa­dor thinking to take along with him a Chap­laine of good learning and of great aduised­nesse, before he departed from his Countrie, he had him so well mannaged and instructed at all points by the Ministers of the aboue recited Courts, that afterward in his charge he lost the name of Chaplaine, and was in­uested with the titles of the Intelligencer and Gazettist of Rome and Spaine. And another did put his Patron into so many disguise­ments, that it lost him the name of Embassa­dor, and gained him the appellation of Arch­bishop, which yet stickes vpon him with the [Page] Nation where hee was imployed. And that neither Conscience nor Zeale was the true cause of this, they thinke they haue suffici­ent proofe, because some one of these did conuert to his owne vse a huge summe of Donatiues, consigned ouer vnto him, or by him craftily extorted, to make an offering in the Holy house of Loretto: and that the Confessions, Reconciliations, and exercises of Religion, were now changed into so ordi­narie and so quotidian procurements of wantonnesse, and entertainements of plea­sures, that the scandall of these defamatorie doings is not yet layd or extinguished. Whence proceedeth this ill issue and detri­ment, euen to Religion it selfe, that whereas to the House and Residence of Embassadours, a good number of the Catholickes of that Countrey were accustomed to repaire, that they might there partake of Diuine Seruice, and receiue the Holy Sacraments after the manner of the Church of Rome; this sacred custome was as it were vtterly abandoned, which tended so highly to the seruice of God, and honour of the Embassie.

These disorders haue constrained Embas­sadours [Page] who are deputed for such Residences, to apply their cogitations and solicitously to prouide, that the Priests assumed by them for such a charge, should not goe with them but vpon resolution to gouerne themselues with befitting modestie, without exceeding their limits; and to further the Seruice of God, and aduancement of Catholicke Religion, but with Prudence and Moderation.

And in this I could giue many instances of conspicuitie and note, that diuers Embas­sadours without any disgust or giuing iust subiect of complaint, haue for certaine done greater Seruice to the Catholicke Religi­on, by the modest retirement and moderate temper of their Priests, than those Busibodies, or as the French haue it better, those Remu­ant spirits, that out of heat and hast to doe much, haue rather defaced than built. And a demonstration of this may be drawne from the good effect which hath followed thereupon, and euery day increaseth, that without any occasion of querimony or ex­ception, the same or greater concourse of Catholickes is present at the Diuine exercises of the Catholicke Roman Réligion than was be­fore, [Page] to the considerable aduancement of the Seruice of God and of Religion, which ought to be the principall obiect of humane actions.

It is not improbable that the Confessor, of whom wee speake, may haue amongst his Instructions this also expressed, Not to ab­solue such Jtalian Penitents as reside in those Countries. For a matter of that impor­tance, as is the exclusion of men from the participation of the Sacraments, would not bee vndertaken by a priuate Priest, without great motiues from abroad; especially, since it is an action not onely repugnant vnto Pietie, but to Wisedome also; that when with so much art, they labour the reduction of any from the Protestant vnto the Catho­licke Roman Religion (of which the best proofe is to bring them to receiue the Sacra­ments) they should notwithstanding exclude those from the participation of them, who from their infancie haue made profession of being Catholicks. And put case that the Priest haue receiued no such Jnstructions from Jtaly, nor by any letters or faculties, (which is the vsuall and easie way) yet may [Page] hee bee induced to such a resolution, in the very Low Countries themselues, because it is an indubitable truth, That the Nuntio who resides in Bruxels, doth manage all the practises appertaining to Religion in the Low Countries, and there hee appointeth his Mini­sters and Emissaries, who vnder other preten­ces and habits, promote that worke, which wee call the Conuersion vnto the Catholike Faith, and Protestants tearme the Seminarie of Sedition against the State. Neither doth the Nuntio want bold and potent instru­ments, which are diuers disguised and mas­ked Jesuits, and other Religious persons also.

It was in times past an vse, and the practise thereof still continueth, That Bishops, and principally the Pope of Rome, were procu­rers of many expeditions, sending Religious persons into Regions inhabited by Infidels, with most ample Spirituall authority, to ab­solue from Cases reserued, to dispence with Vowes, to grant Indulgences and Graces, and to doe all that which was necessary or opportune for the Conuersion of Infidels to the holy Catholicke Faith, or for the corrobo­ration [Page] and comfort of those beleeuers, which were still to bee found in those parts, from whence Christian Religion, and the free profession thereof had, by the Infidels, beene formerly discarded. The Sea of Rome in times past was for the most part wont to steede it selfe with the endeauours of the Minor obseruant Fryers; concerning whom, we may reade in sundrie Pápall Constitutions, the Priuiledges and ample Concessions which they had, with power also to create titular Pastors of those Countries where they did exercise the workes of so much de­uotion. But after, the Fathers the Jesuits grew great; and besides, the fourth Vow (which specially concerneth Missions) tooke into their secret Institutions a particularitie of their owne, to receiue power to lay aside their habits, and to take those whereunto they had the greatest fancie; so that they could metamorphise themselues into Soul­diers, Marchants, Courtiers, and into any other Trade or Profession, and counterfeit themselues to bee of any Sect or Religion, Gentile, Turke, Iew, Hereticke, or any other which they should conceiue propitious vnto [Page] the ends that they propose vnto themselues (so that from hence it might bee, that Father Aio sayd, Iesuita est omnis homo) the Missions for the most part (especially in the Countries where Protestants doe rule) consisted of Ie­suits, who leaue vnto other Religious Orders onely those Missions where there is the slen­derest hope of gaine, and the greatest feare of danger. And these swarme ouer Eng­land, Germany, and indeed euery where, and now lately more than euer, since the erecti­on of the new Congregation in Rome, which is conspicuous alreadie both for the greatnesse of their riches, and for the multitude of Mi­nisters to be imployed by them: and it goeth vnder the title De propaganda Fide. Of these such as are sent into the Low Countries, be­sides the Instructions which they carry along with them from Rome and from their Supe­riours, receiue also directions from the Popes Nuntio resident at Bruxells. Whence it may be certainly conceiued▪ that this Confes­sor had some such commands laid vpon him, and such like seedes sowne into him, from whence these fruits doe grow, which haue so strangely disturbed the Consciences of those [Page] Gentlemen, that did so little expect in this kind to bee disquieted. Therefore as the introduction of these Missions had in their origine the respect of Deuotion and Zeale of Religion, for their motiue and princ [...]pall ob­iect, together with a burning desire to con­uert and saue Soules, so is it sure that after­ward they degenerated into humane affecti­ons and interrests: and these expeditions haue onely serued to spie into Temporall Go­uernements, into the strength of States, into the factions of Countries, into the deficien­cies of Policie, into the wayes and meanes how to debilitate Gouernement, how to sow ciuile Discord, how to diminish the re­putation of Princes, or to bring it into con­tempt, how to corrupt and entice from them their Souldiers of account and con­duct: Nay, they are passed on so farre, as to blowe the coales of Sedition, to foment the Malecontents, to make set and formall leagues against Princes, to manage Conspira­cies, & other like scandalous actions, which haue so foulely denigrated the beautie of these holy Missions, that they haue made them to bee esteemed no better than the [Page] sending forth of Bloody, Trecherous, and Insidiarie persons, and haue caused them to bee branded by the Aduersaries with those abhominable attributes which Saint Paul in his Epistle to the Romanes in the end of the first Chapter doth accumulate on those that are of a reprobate minde. Yea the Catho­lickes themselues haue beene greatly ashamed of the villanies that are sprung from these moderne Missions. And although the fruit of such detestable seede is in these dayes but too rife and plentifull, yet now that the war is kindled against the Protestants, the fertili­tie is much greater than formerly it was. So that at this present when so formidable a warre is waged against the States of the Low Countries by the King of Spaine, no maruell if the Emissaries of the Popes Nuntio in Bruxels (who swarme in disguises through those Prouinces) doe straine a point beyond their vsuall manner. To this ought the Confessor to haue had some regard, and by considering, that hee was thus strictly appointed, Not to administer absolution to those that fought for the defence of the Hollanders; he should thence haue inferred, That the Catholick Reli­gion [Page] was the pretext onely; but the end is the interest of factions, the which haue no­thing to doe with Religion; neither haue the Antients euer taught that it should by such meanes bee ampliated. Further, hee ought to haue taken into consideration, that hee is not depending on the authoritie of the Nuntio, or of any deputed from him that is not his Ordinarie: neither doth hee receiue authoritie from him to heare Confessions, and that these secret iuglings are odious before God, and that it is an adulterated Zeale which vnder the mantle of Religion coue­reth humane passions and ends. And it would bee too great an inconuenience, that when Embassadours and their Families (as good Authours doe maintaine) are not as­subiected to Princes where they reside, but by the Law of Nations are exempt and free, and onely owe submission vnto their natu­rall Lords, yet hee which attendeth them for the administration of the Sacraments, should take law from one that is an Alien to that Countrey, yea and serueth such a Prince as maketh warre against it. Who can doubt, but that such a one will trie to doe [Page] all the mischiefe hee is able, especially by disbanding the souldiers that serue the other side, as is apparant in this very Case? yet it cannot without horror be conceiued, how great an iniurie is done to the Maiestie of God, and to Religion, to make it like vnto Medusas Head, a Bug-beare to scare and in­timidate mens Consciences, for ends meere­ly mundane, and peraduenture for designes that tast of tyranny and iniustice, as to seise vpon and take away Countries from those persons vnto whom God hath giuen them. For conclusion then of this Head, it was not Iustice, and it is contrarie to Religion, that the Confessor did follow the directions of a professed enemie to those States by vertue of a blind obedience: and hee ought not to haue done so notorious a wrong and in­iurie to those Gentlemen, without exami­ning first, Whether it were iust or vniust to denie such a Penitent, absolution. For I would see great and euident reason, before I would exclude any man from the parti­cipation of the Sacraments, which is a bond of grieuous preiudice. And, as Saint Ie­rome writes, Priests ought not to put on a Pha­risaicall [Page] superciliousnesse, as if it lay in their power to binde and loose, but they are to consi­der the Conscience of the Penitent, and the merite af the Cause. So that you see, all is reduced to the two last Heads, which remaine to bee examined, because in them lyeth the pyth and point of the cause. Of which:

The third is, Whether the Confessor had iust cause to denie these Gentlemen absoluti­on for this respect, That they could not liue in the Low Countries without sinne, as beeing to conuerse with those who acknowledge not the Pope of Rome for Head of the Church, and refuse to yeeld vnto him obedience; and, For that there is not in those parts, the pub­like exercise of the Catholick Romane Religion.

This reason in times past would haue re­ceiued no shew or colour, but now, some shadow of doubt may bee put, since that Clement the eight tooke on him to bee the first that euer made any step and pretention in this matter. For in the yeare 1595, hee published a Constitution, That no Italian should or ought to goe for any cause what­soeuer, no not for trafficking and marchan­dise, to any place where there was not a Pa­rochiall [Page] Priest and a publike Church where­in the Romane seruice was celebrated, except he first should obtaine leaue from the holy Office of the Inquisition or from the Ordina­ries, binding also those that should trauell with such licences, to send yearely to the In­quisitors, letters of authenticall credence, that they had confessed and communicated. Peraduenture this might bee the cause why the Confessor, and he who mannaged him, did deale so roughly with their Penitents.

But withall you must know, that this Pa­pall Constitution was neuer entertained or put in execution by any Prince, but contrariwise totally excluded as if it had neuer bin ordai­ned. And to confirme this, it is the receiued Position of Canonists and Ciuilians, and of the Popes themselues, and it is a Doctrine also consonant both to Diuinitie & Nature, That all humane positiue Lawes (vnder which kind no Catholick Doctor doth denie that such like Constitutions are comprehended; neither can he, vnlesse he will make a man a God, nay aboue God) are iust so much in force as they are in vse, and by not beeing receiued, or by an application of them vnto a [Page] contrarie vse, they loose all their vertue obli­gatorie, and are as if they had neuer beene ordained. And if it should bee otherwise, there would bee nothing but confusion in Gouernement, and destruction of good Policie: and Popes should not onely bee Patrons of all States and Dominions, and Lords of all matters of Iudicature, and of all Tribu­nals, but the very facultie and meanes to thinke of any question, would bee idle and out of vse: for what matter is there, that the Popes in some past ages till now, haue not themselues decreed, or else commanded their determinations? But Iurisdiction is not acquired by commaundements, but by commanding iustly, and by being obeyed. So that no foundation must bee layd on this Constitution, which was abortiue in the birth, reiected in the first beginning, opposed by all, receiued by none; and by the Declara­tion of some Princes against the very Pope that made it, it is apparant that it ought not to be receiued: so that it hath had no obser­uation at all, but hath remained as if it had not beene made; and that with the know­ledge of the Ecclesiasticks, and of the Popes [Page] themselues, yea and of the very person that made it.

And so it ought to bee in reason, because the Pope extended his power to the restricti­on and confinement of that libertie which God and Nature, all Lawes diuine and hu­mane, and the practise in the generall course of all times from the beginning of the World vntill the yeare 1595, haue giuen and granted vnto the Faithfull. Whosoeuer hath any insight into the Sacred Stories, knowes that after the Creation of the world, there was a diuision of Religion in the very sonnes of Adam, and that some worshipped the true God with pure and lawfull Adora­tion, as was requisite; others became Idola­ters, and yet he will not finde that the Faith­full (I speak not of the separation of Nations, but of particular diuisions, for that was a Case reserued to God alone) euer receiued prohibition to inhabit those places where men of impure or false Religion did dwell, but the true worshippers of God did al­waies enioy the freedom of going, staying, & dwelling there where their best commoditie did inuite them. The same is obserued to [Page] haue continued all the while that the Iewes did dwell amongst the Gentiles and in the cities of Idolaters, as serued best for their ease and purpose. And this remained con­stant and vninterrupted, vntill the comming of our Lord into the World, in which tim it apapereth by the Scripture of the New Testament, That the true Beleeuers, which then were the Hebrewes, were dispersed and scattered in the Countries of Asia, Affricke, Europe, and dwelt in Rome it selfe. And in those dayes there was amongst the Iewes a Sect called in the Gospell, The Heresie of the Saduces; who denied that there were any spirituall Creatures, or Angells, or Soules, or Resurrection of the dead; and yet they dwelt with the rest, and they with them: neither did any then euer pretend to re­prooue this libertie, or to prohibit men from going or abiding where they them­selues best liked.

And after the publication of the Holy Gospell, the same libertie remained in all ages, neither shall you find that euer any did pre­tend to the contrarie, vntill Clement the eight. And yet there were in the Church so many [Page] Sects, Diuisions and Heresies, of that power as that they filled whole Cities, Countries, Kingdomes and Empires: Witnesse the Arians in particular, who seemed to haue ta­ken possession of the whole Earth, in so much as Jerome with great bitternesse sayd of them, That the World was amased to finde it selfe turned Arian. And these with the Princes of this Sect held the Easterne Em­pire, Affricke, and a great part of Italy; and yet it will not bee proued that euer it was endeauoured, that the libertie of Catholicks should bee taken from them, so that they might not trauell, abide, inhabit, or traffike where it should seeme best vnto them. And if there appeared danger to any particular man, to him in particular did they apply ad­monitions and persuasions by their friends and ghostly Fathers, but neuer durst they forme a generall Command for the people of a whole Nation; and of this there can be no example alleadged. But you will finde the Apostolicall Doctrine of Saint Paul, to the contrarie; that, if of two ioyned together, the one shall be a Beleeuer, and the other an In­fidell, and this shall consent to liue with the [Page] Beleeuer, let the Beleeuer liue with him, and not abandon him. And thereupon the Canonists haue framed a Rule, with this ex­ception onely, That the seperation is com­manded then meerely, when they cannot Cohabit without iniurie vnto the Creator. And this Rule will by reason of this restricti­on, so much the more serue for our purpose. The Cannons of seperating a mans selfe from hereticall or excommunicate persons, doe likewise make for our Case; because it is one thing to abstaine from the conuersation of a particular person that is censured by the Church, and another thing not to remaine in a Countrey that is diuerse in Faith from vs: for so, that which is done against an Here­ticke in fauour of Religion, might be turned to the disfauour and disaduantage of the li­bertie of a Beleeuer and a Catholicke; concer­ning whom, none will say that he cannot so dwell without an iniury done to the Creator: For otherwise all the Catholickes of England, Jreland, and Scotland, and of other King­domes too, should bee bound to auoid their Countries.

And therefore to goe, to stay, to inhabite, [Page] to trafficke, and to serue in war are all ciuile actions, and not spirituall. And if any could or ought to frame commaundements on them, it is an office that belongs to Secular Princes, vnto which the Ecclesiastickes can make no pretension, vnlesse they will arbi­trarily vsurpe vpon others authority, with­out Law or Scripture, nay rather against all Law and Scripture.

But in the meane time, all the other coun­tries of Christendome doe enioy this free­dome, so that neither Pope nor Prelate for­bids the Spaniards, French, Germanes, nor Polackes, that are Catholicke, to goe and abide where they will; what reason then is there that onely Jtalians should finde worse Con­ditions, and that this bondage should bee imposed on them alone? Either this matter concernes Saluation, or no; if it doe not, why then should the Ecclesiasticks thrust their sickle into other mens corne? If it con­cerne Saluation, in this, neither the Scriptures nor holy Apostles, euer knew distinction of Nations or people. Neither would they now giue authoritie vnto any Ecclesiasticke to make decrees in the like matter, although [Page] in some sort it might bee thought expedient and conducing to saluation. For the Cano­nists themselues, who giue power to the Prelate indirectly in temporall things, haue not yet dared to passe further, except as the power in Temporals concerneth saluation, out of necessitie onely, and not out of con­gruitie, or for bettering the state of Salua­tion. For otherwise Ecclesiasticks might in all things command absolutely: as, it may bee, they might thinke it profitable for the saluation of many persons, that some should build Churches, others should giue all they haue vnto the poore; that some should not marry, that others should bee clad rather af­ter one fashion than another, that some should leaue marchandising, that a Prince should renounce his Kingdome and turne priuate man, that others should lay aside the art which they professe. And by this meanes would they become the absolute Masters of all wealth and of all States; and, which is more, of the very thoughts. But if the in­direct cannot bee meant, vnlesse it bee for the necessitie of the Spirituall, it will lye on him who pretends to giue such commands, [Page] to shew how this restraint of the Italian Na­tion onely, is necessary to saluation, and not of others too; and why Italians alone can­not attaine to their saluation if they dwell in such like Countries: and if it really bee an impediment to saluation, how may it bee ta­ken away by a peece of paper that containes the Licence which they are to carry with them? Besides, if Superiors doe send Priests into the Protestant Countries, that vnder other shewes, they may administer the Sacra­ments vnto such, as albeit they liue vnder Pro­testant Princes, are notwithstanding, in Reli­gion Catholicks; doe they not thereby con­ceiue and approue, that saluation may there bee had without abandoning those Coun­tries? If so, then may Italians obtaine the like, and that with lesse impediment, be­cause they beeing strangers may lawfully make publike profession in the Houses of Embassadors, of the exercise of Catholicke Re­ligion: so that the Priest cannot hereupon constraine them to depart from thence, al­though hee should iudge it to be more com­modious for them to liue in Italy. There­fore as it hath beene shewed, necessitie only [Page] doth grant vnto them indirect authority in Temporals, euen by the opinion of the Cano­nists: otherwise, if it should bee iudged bet­ter for Catholick Religion, That the Pope should in Temporals bee inuested with the King­domes of France, Spaine, and Germany; they might ordaine that those Countries should, by the renunciation of the possident Princes, be deliuered vp vnto him. And wee see that our Blessed Sauiour himselfe would haue things that are not necessary, but only profi­table & helpfull to saluation, left to Counsell, & not circumscribed in precepts. How much lesse then can Ecclesiastickes vse their power in Temporall matters, when there is no ne­cessitie thereof, but onely because it may peraduenture conduce vnto saluation? And in this case least of all, because we vnder­stand not for what such power may bee profitable, vnlesse it bee for the aduancement of the interests of their temporall Greatnesse. And this difference touching Italians, which cannot indeed bee admitted in temporall matters, in which Saint Paul knew no diuer­sitie of Iew, Greeke, or Barbarian, hath beene found out by some shrewd and experienced [Page] braines, who by obseruation of former times, and comparing them with this, know that the Ecclesiastickes haue mightily dimi­nished their authority in Tramontane Coun­tries, and therefore doe procure in Italy in­tensiuely, that which hath extensiuely beene lost in other places; and to this end they imploy all their art and force, and draw euery matter to the head of Spiritualitie or Religion. Vnto this, Soueraigne Princes ought to haue great regard, as they haue had by the exclusion and inobseruance of the foresaid Constitution. Notwithstanding which, the Italians who are subiects to the most renow­ned Republicke, to the Dukes of Sauoy and Tuscany, doe repaire where they see cause for matter of marchandise, and for any other concernement that belongs vnto them. They frequent England, Germany, and Cities that are subiect to Protestant Princes, and all places else whereunto their interests doe draw them. And therefore it is lawfull by an vniuersall consent of all Catholicke States, to persist in that libertie which God and Na­ture haue granted, and which is indepen­dent of the will of Ecclesiastickes, as being a [Page] matter that toucheth not spirituall Saluation, at the least not by a necessary connexion.

But the importance of this action requi­reth further consideration, because the of­fences of Princes are of greater moment than the faults of priuate persons. And this at­tempt is a beginning of notable vsurpation and perturbance in ciuile Gouernement. For it is to be held as a constant Tenet (as al­ready wee haue touched) that where any matter is handled concerning the saluation of Soules, in which the Ecclesiasticall Prelate hath authority to make orders & to com­mand, there can no distinction or difference of persons bee admitted. And therefore Pope Clement the eight in the Constitutions a­foresayd, commands in generall without exception either of Persons or Causes, That none without licence of the ordinary Inqui­sitors should presume to go into such parts, where there is not a publike Church, Priest, & exercise of the Romish Rites and Seruice. So that by vertue of this Constitution, a Prince should not send Embassadors ordinary or ex­traordinary into the Countries that are held by Potentates diuided from the Sea of Rome. [Page] And if an occurrence or Case should hap­pen, that out of the emergency of Reason, or out of necessitie of good Gouernement, it should bee held expedient to send a secret person to act some negotiations, which it were inconuenient that the Ecclesiastickes should know, yet notwithstanding, all must bee reuealed vnto him, or men must fall into censures, and bee made obnoxious vnto the Inquisition. These inconueniences are so cleere and so vsuall, that they doe suf­ficiently declare the apparancy of the vsur­pation. And it would be too great an ad­uantage, that the Pope and Spaine may (as dayly they doe, and examples hereof are actually practised) send into the Countries of Protestants (where there is publikely, nei­ther Romish Church nor Priest) Iesuits, and some of other Religious Orders in disguise, and in more priuate restriction too, whether for businesse, or for guile, or for explorati­on, euery man speaketh after his owne fan­cie, and that it should bee vnlawfull for other Princes to send any person without their leaue or knowledge. And in the Le­uant too, where the very Soule of trafficke [Page] breathes, there is scarce a place conuenient for trading, that hath the benefit of a publike Church: so that here likewise, if this Rule should hold, there is no abiding without licence. And if Princes must in their inter­rests depend thus on others, and submit the ground-worke of good Gouernement, and the necessitie of their defence and préserua­tion to other mens ends and arbitrements, they are no longer absolute Princes; and farewell Soueraignetie, if it be once brought to such a descent, as to render an account vnto any but to God, and to receiue Laws of what it ought to doe, or not to doe, from any power but Diuine.

But it exceedes all beleefe and Christian charitie, to obserue the course which hath bin taken with these Gentlemen. The time comes that a Gentleman, out of compuncti­on for his sinnes, goes to reconcile himselfe to God by Confession, and then is hee intrea­ted with such strange and intollerable rigor, that the spirituall comfort of absolution is denied him▪ And yet we are impatient to heare it maintained by such as are seperated from the Church of Rome, That Confession is [Page] become the very path through which (in­steede of comforting mens Soules) the in­terrests of the Courts of Rome and Spaine are conueyed, to the detriment and disaduan­tage of other Potentates; and that it is distor­ted from the originall and pure Institution, and made to pry into mens actions, to de­bauch the allegeance of subiects, to instill affections, to augment partialities and si­dings, and such like things as these.

By all this that hath beene sayd, I remaine fixt in my iudgement, and it is sufficiently prooued, That if the Confessor haue denied his Penitents absolution, onely because they are in a Countrey which is separated from the obedience of the Pope of Rome; he hath done wrong vnto his Penitent, and abused Confession: and if hee haue done this by the command of any person whatsoeuer, that commaundement is vniust and vnlawfull, trenching, by vsurpation, vpon the authoritie of others, and is actiuely scandalous in abu­sing spirituall authority to compasse ends that are purely mundane.

So that the cause which may bee preten­ded, can bee no other than that which is in [Page] the Fourth Head propounded; that is, Be­cause they professe to march in the Army of the LL. the States of Holland, against the Ca­tholicke King. And this cannot in our Case arise but from two Heads: Either for that it is not lawfull for Catholickes to take armes absolutely in fauour of such as the Church of Rome accounts Heretickes, or because the war which they mannage is vniust. And these two Heads will easily reciue their discussion.

Touching the first, it will be necessarie to alleage the common Doctrine of Ciuilians, which in matter of defence, ayde, or suppor­ting of Heretickes, is voide of all contradicti­on, by distinguishing that a man may fauour or defend Heretickes two manner of wayes, either formally, or not formally. A formall fauouring or defending of Heretikes is (to vse the very words of a Ciuilian and a Iesuit, which in this subiect may stand for a thou­san witnesses) when a man doth assist and fauour Heretickes, either because they pro­fesse such and such hereticall Doctrines, or when ayd is lent out of relation and order vnto Doctrines that are hereticall, to the end that Heretickes may teach or defend [Page] them. Not formall, is when the cause which mooueth a man to giue fauour, ayde, or de­fence, is not heresie, but friendship, kindred, gratitude, goodnesse of nature, want or ne­cessitie of helpe, or the like. And here­upon they decree, That the Cannon Lawes and Papall Constitutions, yea euen those which concerne the Lords Supper, which are the most rigorous that Church-men could euer inuent, ought onely to be vnderstood of the first part, when the respect and [...] motiue is Heresie or false Doctrine, and not of the second. Nor can lawes Penall or Papall re­ceiue such latitude and extension, for that would bee a flat prohibition of all offices of humanitie and of good workes; and a pre­cept vniust and tyrannicall, that is not of validitie to tye any man. To apply this vn­to our purpose, it being so, that the onely and true cause why these gentlemen serued vnder the States of Holland, was a meere in­tent to learne the art of Warre vnder that Captaine vnto whome without controuersie all the Commanders of our time must giue place, without hauing relation or regard vnto the Doctrine and Religion professed in [Page] those Countries; Nay, it appearing in fact, in that they presented themselues to Confes­sion at the time appointed by the Bishops of Rome; That they perseuered in the Catholicke Romane Religion; neither doe they fauour or fight out of respect of the Religion that disa­greeth from the Romane Faith. And it cleere­ly also appearing, as I proue by the doctrine of the Canonists, who attribute vnto the Ec­clesiastickes all that they can, certainely more than they should, That these gent [...]emen haue not in this case committed any sinne, much lesse a crime inexpiable. How then could the Confessor denie them absolution, without manifest wrong, and vnlesse hee abused Con­fession to serue politike and indirect ends?

And here it will not bee besides the pur­pose, to recount two Master-designes hid vnder this practise, the one from Spaine, the other from the Ecclesiastickes, who indeede walke hand in hand with them. The Spa­niards as it appeares by letters from many Italian Caualiers that serue in the warres vn­der their Standart against the States, haue a purpose and custome to require an oath from all those that will serue vnder them, [Page] that they shal neuer serue without their leaue against the House of Austria; and whosoeuer receiues from them any Militarie charge or honor, must take this oath irrefragably and without exception. If then they shall bee able to gaine this other point also, by the way of Confession & mantle of Religion, That none shall passe to fight in the Campes of Protestants; the consequence will follow, that there shall bee none which seeketh to attaine to Militarie science, who withall shall not be by oath oblieged to the House of Austria; yea, although it bee against their naturall Soue­raigne. For the World is not so in the in­fancie and cradle, but that by a surueigh of the present face of Europe, it can easily presage, That there cannot be a war, which either in the beginning is not betweene Ca­tholickes and Protestants, or in the progresse will not become so. And in this period stands the true state of matters at this pre­sent: in so much as other Catholick Princes, ei­ther can haue no subiect that hath seene the wars, or if they haue any, they must be such whose fideliltie they haue reason to suspect. And this is one of the weightiest and most [Page] important considerations, that moues many Italian Caualiers to militate in the warres of Holland, there beeing none any other-where amongst Romane Catholickes.

The other dessigne which is peculiar to the Ecclesiastickes, is yet of more importance, on which without question they fixe their eyes, albeit they dare not as yet to discouer it. But with certaine tasts and beginnings, they let some men a little to vnderstand it, who by obseruation of their drifts, doe know with what artifice they haue so farre incroached vpon the power of others, vnder fained pretexts of Religion, and how they cheate vpon the simplicity of Princes, and preuaile by the power of Religion vpon the people. If it bee a sinne in priuate men, sufficient to exclude them from the participation of the Sacraments, to take armes in fauour of those which obey not the Pope; how much greater an offence is it in Princes, who make defen­siue Leagues with them, and contribute mo­ney vnto them, or send them militarie assi­stance. This is the secret and the Center to which all these lynes are directed. But as yet it is an attempt too difficult, neither is [Page] the matter yet fitted or well disposed: It is an Embryo that ripens by little and little, and waites the good houre for the disclose & deliuery. It is true, that in their discourses they will giue you some touches of it, and being Patrons of the Presse, they cause some of their Confidents to print some sentences tending that way; but yet they haue not des­cended to decree that such Confederations & succours, which are made through a neces­sity of a mans owne preseruation, are vtterly vnlawfull. They know full well that the Kings of Spaine doe not hold it a sinne to con­tribute mony vnder-hand to those of the Re­formation in France, that whilest warre is kindled in that kingdome, they may other-where oppresse minor Princes, with the grea­ter ease and conueniencie. Neither doe the Nuntios themselues disdaine to be made the Ministers and meanes of such charitable ends. They are not ignorant that the crowne of France hath for a long time entred into league with the Protestant Switzers, with mu­tuall articles of defence; with the Grison Pro­testants of Rhetia, vnto whom that Crowne is to giue ayde ordinary and extraordinary, [Page] Contra quoscunque: yea against Catholicks them­selues that shall inuade them, or giue them disturbance; that it hath contracted antient allyance and confederation with the Prote­stants of Germany, and that it maintaines a Garrison payd, and giues besides an annuall summe of money of twenty fiue thousand Crownes to the Common wealth of Geneua, that it might bee enabled to defend it selfe, and likewise hath defended the same against Sauoy and Spaine, who are Catholicke Princes, as often as they haue attempted to make war against it. And from the beginning of the warres in the Low Countries to this present time, the most Christian Kings haue euer de­fended the States of Holland, and maintained Regiments of foote at their owne charge and pay, without intermission, which they doe still performe, and besides, administer vnto them extraordinary succours of mony. And the French Militia which haue gone to these warres, for the most part did consist of Ca­tholickes, and their greatest Officers were Ca­tholickes likewise: Of which, Monsieur de Ro­claur, and so many other Captaines of warre make sufficient proofe, who came from the [Page] Low Countries, to the pay of the most re­nowned Republicke of Venice. And in all that time there came souldiers from all the Countries of Catholicks, and from Italy it selfe, to those warres indifferently to what side they pleased, and yet the Ecclesiasticke neuer had the boldnesse to oppose. Whence we may drawe the common meaning of the whole Church, and of all Christendome, which conuinceth this noueltie of iniustice, of vsur­pation, and of desire to fauour one faction against another, vnder the shew of Religion; a matter scandalous, of pernicious example, and iudged to be tyrannicall. And the Rea­son of State beeing as it is, so sacred, and law­full, and supreame in humane actions, yea, in nature diuine, and beeing recommended to the Soueraigne onely, who sitteth in the seate of Maiestie, me thinkes the Ecclesiasticke should totally abandon that vaine and ridi­culus pretension, That the saftie and defence of Nations, ought to be regulated by the de­crees of the Cannon Law; which is as much below this supreame reason, as the humane is inferiour to the diuine, and the Positiue to the naturall: and let him consider that God [Page] hath together with the Maiestie, giuen vnto the Soueraigne alone, the authority to make peace, warre, leagues, and allyances, as hee shall conceiue it necessary and conuenient: neither can any but hee know the circum­stances of opportunities and needes, as no­thing can gouerne and actuate the body but that Soule which God and Nature hath gi­uen it.

And that the iniquitie of this attempt may the more manifestly appeare, letting mo­derne matters alone, we are to know, that Sextus Quintus being cleerely satisfied of the ends of the Spaniards, That they aspired to oppresse all Potentates, vnder colour of ma­king themselues Protectors of the Catholicke Religion against Heretickes; did with great ef­ficacie stirre vp the Crowne of France to de­fend the States of Holland: and the same ap­prehensions had Clement the eight, and Paul the fift, although it were late ere they came vnto it. And that the falsity of this new­stampt Doctrine may the more perspicuous­ly bee discouered, which by these indirect wayes, striueth to introduce a prescription, That it is not lawful for Catholike souldiers to [Page] fight for Protestants, that so they may by ob­lique insinuation arriue vnto their designe, to make it vnlawfull for Catholicke Princes to make leagues, or send succours vnto them, excluding vnder the cloake of Religion, all fundamentals of good Gouernement, of ones owne defence, and of the necessitie of mens peculiar preseruation; a deduction hereof may be drawne through all times, of which any memory in sacred or profane Hi­stories doth remaine: But I will alleage some few instances of the choicest and most re­markable places.

The first example (and it will be the more singular because it is set downe in Diuine Writ) is that of the great Patriarch, who by Saint Paul is stiled the Father of the Faithfull, whose actions none dare bee so hardy as to blame, or to esteeme them such as are not propounded for examples to bee imitated. Of Abraham then, the holy Scripture doth de­clare, That when his brother Lot had beene made prisoner by certain Assirian Kings, who had waged warre against him, Abraham not hauing force sufficient of himselfe, made a league with Ascol and Annor, Jdolatrous Prin­ces, [Page] setled the articles of Confederation with them, and hauing ioyned his forces with theirs, he began the war, recouered his bro­ther, and got the victory. Behold a league made by an holy Patriarke, with Princes, not onely of a diuerse Religion, but also Infidels and Idolaters. Next followes another ex­ample, of a King after Gods owne heart, and a Prophet, that according to the flesh was one of Christs ancestors, Dauid, in the persecutions which King Saul raised vp against him, fled with all his Company, consisting of six hun­dred souldiers, ouer whom hee was chiefe, and put himselfe into the pay of King Achis, made a league with him, receiued from him places to dwell in, and it is certaine that hee vndertooke to serue him in the warre against the Faithfull themselues. For there being warre proclaimed betweene King Achis an Idolater, and Saul that was King of Gods owne people, Dauid would faine haue beene at those warres, but the King would not permit him, because hee and his had his fidelitie in suspition, and feared least when they should ioyne battell, he might turne his banner and reuolt. And hereupon Dauid [Page] tooke it heauily that hee was not admitted to this warre, as one that held himselfe wronged in honour to be had in diffidence. So that it is sure that hee was prepared to haue fought in fauour of Infidels against the worshippers of the true God and professors of true Religion. And who so shall consider the person of Dauid, so mightie a King, so great a Prophet, so holy a Saint, hee will bee easily conuinced in this point, that it hath bin and is lawfull for other Princes to doe that, of which in the Sacred Scripture there is found so illustrous an example, That a Captaine with all his Companies of Beleeuers did serue an Idolatrous King in the warre against those of his owne Faith, that is, those of the false against those of the true Religion. It is likewise cleere, that the same Dauid, after he attained to the Crowne, entred into league and established a Confederation with Naas King of the Ammonites, and with Hiram King of Tyre: neither can it bee alleaged, that this was done in time of extreame necessity, be­cause those leagues with the foresayd Infi­dels and Idolatrous Princes, were stipulated af­ter that Dauid did peaceably enioy the king­dome [Page] of Israell. And Salomon his sonne and successor in the Kingdom, ioyned in league with the King of Egypt, with whom also he made allyance and married his daughter. And Assa King of Jerusalem (of whom the Scripture beareth witnesse, That he had his heart vpright towards God like Dauid) cal­led in to his succour Benadas the King of Da­masco, against Baasha King of Israell; which was to confederate himselfe with an vnbe­leeuing King, against one that was of the same Religion with him.

In the times which were neerer to the birth of our Redeemer, wee haue the example of the Maccabees, who made a defensiue league with the Romanes, and the very Conuentions betweene them are cleerely to bee seene in Holy writ, that whensoeuer warre should be made against either of them, they should interchangeably send succours one to ano­ther, of victuals, munition, ships, money, and souldiers, according to their power, and as the condition of the times would permit them. And the same Maccabees made a con­federacie also with the Spartan Republicke, who then swayed all Morea, often renewing, [Page] and from time to time reconfirming the same. By which examples of holy Scripture it resteth firme, That beleeuing Princes may confederate themselues, giue and receiue ayde, if their proper preseruation shall re­quire it, from Princes that are Infidels. And the example will serue this present Case of ours, as drawne from the greater vnto the lesse. For albeit the States of Holland bee not vnited vnder the obedience of the Church of Rome, yet are they Christians, and not Ido­laters or Infidels. And the Maxime which the flaterrers of the Court of Rome doe endeauor to sow the propagate, That Heretickes be worse than Idolaters; is finely accommodated to the temporall and worldly interests of the Ecclesiastickes, but no way conformable to the sacred Scriptures, nor to the Doctrine of the antient holy Fathers. And my Soule trembleth within mee, to thinke that hee should bee held more tollerable and lesse abhominable, That calleth Christ a seducer and a false Prophet, than he that inuocates him as God, and is baptised in his holy name, and receiues his Sacraments, and confesseth that it is the onely Name vnder Heauen, by [Page] which mankinde may be saued. And if in some antient Writers any passage shall bee found, that may seeme to fauour those opi­nions, it was because such Heretickes denied the Diuinitie of Christ, and thereby laboured to ouerthrow the very foundation of Chri­stianitie, by reason whereof, they were rather a Sect of Infidels than Heretickes: But it can­not be vnderstood of these who confesse him to bee God, and by this confession acknow­ledge the ground of our saluation; yet to take away this cauill too, see here examples (in the particular) of Heretickes and Infidels together.

Vnder the Romane Empire, in the time that the Princes professed the Christian and Catho­licke Romane Faith, Histories both Ecclesiasti­call and others, do swell with examples of the greatest and deuoutest Emperours, that haue made leagues and held amitie with Infidell Princes and Hereticall also.

It is most certaine that Constantine, who so well deserued of the Catholicke Church, did for the defence of the Empire, make Conuen­tions with Tartars and Vandals, who were Idolaters (with Heretickes hee could not, be­cause [Page] as then they had no territory) and be­stowed places on them to dwell in, amongst the Prouinces of the Romane Empire. And in those times it is well knowne how aboun­dantly the Church flourished with holy men, zealous of the purenesse of Religion: and yet you shall not finde that any of them did euer reprehend, or teach that it was not lawfull to make such confederacies: the which doth inuincibly argue the approbation of all the holy Catholicke Church. Afterwards Valenti­nian was created Emperor, who was not only a Catholicke, but also an exceeding fauourer of the Church and of the Bishops and Prelates of the same. At the same time was his brother Valens Emperor in the Eastern parts, who was an Arian hereticke, and persecuted Catholicks, yet was there euer vnion, confidence, & con­federacie betweene these two brethren, (the one an Hereticke and the other a Catholike) for the common defence, and offence of the ene­mies of the Empire.

The Emperours Theodosius, Arcadius, Hono­rius, and Valentinian, made many Conuenti­ons with Gothes▪ Alans, Gepides, Vandals, and French, part of which were Infidels, and part [Page] Heretickes, and yet there was none so hardy to reprehend those leagues as a thing vnlaw­full, although there then liued those great Fathers and zealous Doctors, the Luminaries of the Holy Church: who, out of their zeale to truth, feared not to reprooue euen Empe­rours to their faces, and to tell Empresses of their faults and defects. There liued in those dayes Ambrose, Ierome, Austine, Chry­sostome, Leo, and other most renowned Bi­shops of Rome, Patriarckes, Archbishops, Bishops, and Chiefetaines of the holy Church, whose workes and writings remaine with vs, and it can neuer bee found that they reprehended these Confederations: And therefore of ne­cessitie wee must confesse, that their silence in this Case, when the other errours of the Emperors were exagitated by them with infi­nite zeale, doth demonstrate herein the con­sent of the whole Catholicke Church.

After the death of the aboue named Em­perours, the Kingdome of the Gothes began to take roote in Italy, and continued a long time; These were Christians, but Arians, who were the most pernicious Sect of Here­tickes that euer infested the Church, for they [Page] fought against the very person of Christ, whose Diuinitie they denied, and shooke the Article on which as on a ground-worke, Christian Religion is built, and that is the Ar­ticle of the Blessed Trinitie: notwithstan­ding which, the Emperours of Constantinople who were Catholickes, were for the most part in peace and league with them; and the Popes themselues were their subiects, and yeelded them obedience. Yea, one of the Popes was sent in Embassage by them, about affaires of State, and yet he made no refusall of such imployment; and it cannot be pro­ued that any Writers, or Holy men of those times, did blame those Catholicke Princes for that they held friendship with kings that were hereticall and infected with such monstrous falshoods. This labour would be endlesse, to particularise in all the examples which might be alleaged in this argument.

After that the power of a Temporall Prince was in the persons of the Popes of Rome ioyned in Jtaly to the Pontificall Digni­tie, in which time they haue framed so many Lawes, as in the Decretals in the sixt, and in the Clementines and Extrauagants are com­prehended, [Page] that there is not a matter of State in which by extension of their authoritie, they haue not opinated and decreed: yet doe wee not want examples of the like Confe­derations, as may easiely bee seene in the Histories of those times. George Podibras was an Hussite Hereticke, and so held by the Church of Rome, and for that cause he was pur­sued by Pius the second, with Censures. This example is obseruable, because it will so flat­ly shew that there were treaties and leagues then handled, notwithstanding the matter of Religion. Now in the yeare 1463, the Emperour Fredericke the third being inuested with a dangerous siege in Vienna, called him to his succour, and made conuentions with him of mutuall assistance; and these were approoued by the Pope himselfe, who here­upon left to prosecute him with Censures. And Iulius the second, in the yeare 1510, see­ing himselfe in danger at Bologna, by the vici­nitie of the French armie, receiued into the citie to his ayde Chiappino Vitellio, with sixe hundred light horse, & a squadron of Turks, whom hee much entrusted with his person. And in the yeare 1558, Paul the fourth did [Page] hire and pay many Protestant Grisons, who euen in Rome it selfe performed diuerse acti­ons contrary to the Catholicke Religion; and all was told the Pope, who auouched openly, that they were Angels of God sent for his de­fence, and that to preserue a mans selfe it was lawfull to vse the seruice of all sorts of per­sons. And hee gaue an authenticke docu­ment hereof, when (the third of September in the yeare 1557) hee spake these expresse words to some that quipped him for this, It would haue beene lawfull and laudable too, to call in Turkes, Moores, and Jewes, for our defence. And it is a matter without doubt, that hee did indeede actually treate with the Turke. To this day, the House of Austria hath amitie and league with the Protestant Princes of Saxony, and others, and giues, and takes ayde from them. And for the Crowne of France the matter is so notorious, as that I shall not neede to enlarge my selfe vpon this subiect, and besides, it hath beene for­merly touched. If then it bee lawfull by Stories out of the Sacred Scripture for Catho­licke Princes to defend and succour the very Infidels themselues, much more those that [Page] are Christians, although not obedient to the Popes of Rome, and when they doe really ayde them with money, men, and munition; yet doth not this derogate a iotte from their deuotion, or profession of the Catholicke Romane Religion. Why may it not likewise bee lawfull for priuate men, to defend and ayde that sort of people with their persons, and yet bee not onely no sinne, but also a worke pious and praise-worthy. But if those souldiers bee the naturall subiects of a Catho­licke Prince, confederated with them, and that for common defence and interrest of good Gouernement, hee yeelds assistance vnto those Protestant Princes, and is thereun­to tyed by couenants of allyance, the mat­ter is so much the cleerer in regard of the Connexion of a Subiect to his Prince:for Subiects are bound by the diuine Law to helpe on the interests of their Soueraigne, neither doe they commit any sinne by co­operating and conforming themselues vnto them. And hereupon the Confessor hath done great wrong to denie those Gentle­men their absolution, but much greater iniu­rie hath hee in this Case done the Prince [Page] himselfe. And he well deserues to bee pu­nished, because indirectly it must tend to the condemnation of leagues already made, and of the succours which shall hereafter bee yeelded vnto them. The which action, be­sides that of it selfe it is iniurious and vniust, in making that to bee a sinne which is none, becomes yet the worse, because it is dedu­ced and wrought into Confession. And surely the rule of good policie requires, that a temeritie and petulancie of that excesse should bee ressented, That a religious per­sons minde should serue him to condemne the Determinations of his Prince, which haue beene made according to all the rules of Wisedome, and for reasons of good Go­uernement; of which a priuate man cannot be capable, much lesse become a Iudge or Censurer.

But if absolution could not bee denied by reason of habitation, or because they ser­ued in fauour of the Hollanders, it might perhaps bee denyed, by reason of the in­iustice of that warre, especially seeing these Gentlemen were not the subiects of the Prince that made the warre, and so were no [Page] way hereunto commanded, but vndertooke it voluntarily, and therefore are in the state of sinne.

This is the last point, which I will dispatch very briefely, because all the Doctors doe agree, That the warre whereby the State that is possest is preserued (and therefore a warre defensiue) can hardly entertaine a doubt that it is not iust. And among the causes, which the skilfull in both the Lawes and the Summists also, alleage to make the warre iust, the necessitie of Defence doth euer ranke it selfe in the first place. So that without tedious allegations, it will suffice to conclude this businesse with the words of Couarruvias, That amongst other reasons which are held most iust whereupon to ground a warre, that is aboue them all the best approoued, and vnto which, all causes else which are alleaged, may bee referred or reduced, which is vndertaken for the pre­seruation of the Common wealth, and defence of ones owne Dominion or Countries there­unto appertaining: for so it tendeth like­wise to the defence of a mans owne life and goods. This cause then of defence doth [Page] exceedingly iustifie the warre, because it is fauoured and authorised by the Law of Nature, so that a priuate man may assist in a defensiue warre. And that the war which the Hollanders make is of this nature, that is to say, a Defensiue, it appeares out of the eui­dence of the fact, because they are those that are inuaded by the armies of the King of Spaine, and euer stand on their guard, and vpon the Defensiue. And it is so farre from question, that a Defensiue warre is euer iust, except there bee such circumstances to ren­der it vniust, as can hardly sinke into a mans imagination, that it is an vndeniable do­ctrine amongst the Lawyers, That although the partie assailed haue deserued by his own fault or offence, to haue warre made vpon him, yet for all that, it shall bee lawfull for him to defend himselfe. And if in his own defence hee must take armes and fall to blowes, yet shall it bee iust in him so to doe, not onely by the Law of Nature, which tea­cheh man to repell force with force, but al­so because the omission of a mans necessary defence, causeth him to commit his owne life, state, and honour to the discretion of [Page] others, and many times of souldiers, of whose excesses and vsuall deportments a­gainst mens liues, honours, and goods, be­ing no lesse licencious in sacred than in pro­fane matters, examples are too too frequent and notorious. Moreouer, though the war should be mooued for lawfull pretensions, & Restitutions, yet would the defence be iust: For the Ciuilian sayth, That the Assailant would not bee content with such Restitution as were iust, neither could hee containe the furie of his souldiers, that they should not passe the measure of iustice. And the say­ing of Liuy is receiued as an Oracle, That to him the warre is euer iust vnto whome it is necessarie; and it is pious and religious for them to take Armes who haue no hope but in Armes, the which euer falleth out in Defensiue warres.

And if any should from hence make de­duction, that then the war might be iust on both sides, which is denied by the writers of Cases of Conscience; I say, first, that this ought not to seeme so great an inconueni­ence, because they themselues, and the best grounded Diuines and Lawyers doe teach, [Page] That in some Cases the warre may be iust on both parts: On the one, out of Truth; on the other, Juris praesumptione. For warre betweene those that know no Superiour, is like a suit in Law: and as it is impossible that both the litigant parties should haue reason on their side, and yet both of them may haue a iust cause to sue, because it appeareth not on which side reason standeth, vntill the Iudge by his sentence shall decide it: And yet in this Case no man will euer make doubt, that the Defendant ought not to re­paire to the Court whereunto hee is drawne, but all the doubt will rest on the Plaintifes side: So in a war betweene Soueraigne Prin­ces, as in a suit, although both parties cannot haue equall iustice in the Cause, yet may they both haue iust occasion to commence it, for it may bee doubtfull on which side the rea­son resteth, but it will bee cleere that the As­sailed makes a iust warre, and the question cannot fall but on the Aggressor. And to speake truth, it is a fancy which mens braines doe frame vnto themselues, but reason doth no way comply with it, That any man should take on him to iudge of the warres which [Page] the Spaniards make, as heretofore some haue done of the Schismes in the Church of Rome, That there hauing beene a matter of fiftie seuerall Schismes, yet they which had iustice and right on their side did euer remaine the Conquerors: whereupon of fiue examples whereof wee read, John the tenth, Leo the ninth, Pius the second, Gregory the sixt, and Iulius the second, from the first of these to the last, the three intermediate Popes were ouerthrowne, and two of those were taken prisoners, one of them ( Leo the ninth) being a Cannonised Saint.

The Kings of Spaine in our memory haue in a manner made warre against all the Princes of the world, directly or indirectly. In the Indies and New world, they haue seised on an infinitie of Countries, made a world of free-borne people slaues, and become the Lords and Masters of the liues and goods of those that were the antient proprietaries of them. They haue attempted England, & falne vpon Ireland in a very open and notorious manner: They haue vndermined France with Leagues which were christned Holy, and with rebellions of the subiects that [Page] belonged to that Crowne. They haue made warre with the Princes of Germanie and ta­ken vp names in trust to iustifie the same. The most famous Republicke of Venice, the Duke of Sauoy, and the Church, with the Pope himselfe, may witnesse what his goodnesse hath done to Italy, where they sacked Rome, and made the Pope prisoner. And they speake it openly and aloude, That a great Empire cannot subsist without warre. Is it pos­sible that iustice should euer stand on their side, except it be after the profession of Gen­tiles, That God fauoured him that had most power? and is it sufficient to cleere the iust­nesse of the warre, although they should at­tempt the very Heauen it selfe, because for­sooth they begin it?

But the difference is too large, to speake of a matter in Thesi, and to discourse of the same in Hypothesi. Let vs draw neerer to the particular Case, and let vs giue it for granted, though not for true, That the King of Spaine hath reason, be it what it will bee, to make warre against the States, although they af­firme the contrarie; and that he first out­raged them by the debauchment of their [Page] Councellors and subiects, by seminating a­mongst them seditions in State, and diuisi­ons in Religion, of which the Iesuites and o­ther Religious persons haue beene made the Ministers and inciters, by breach of publike Faith in Truces which hee was sworne to keepe, & by planting a pleasant credulitie in them, till as it were by a signall giuen, hee might vniustly and suddenly take armes a­gainst them. But as I sayd, Let the truth hereof appeare as it may; I would in the meane time but aske the good Conscience of this Confessor, or of others that direct and bend him, Whiles the Spaniard resolues to assault that Common-wealth, makes his prepa­rations, and his armies are in motion, what should the States doe? are they idle and at leasure to waite on the discretion of their Enemies, and pray them not to passe the bounds of iust Restitution? If this bee the Case, and that his pretence be to make him­selfe Master of those Prouinces by Armes, who can then rest secure of their liues, and of their wiues honors, when they shall suffer him to seise on the Country without taking vp weapons to resist him? These are prettie tales [Page] to tell by the fires side for recreation, not persuasions to be represented to the Maiestie of Princes.

If it should fall into deliberation and Counsell, Whether it were fit to make warre, or no? an examination of the iustice or iniustice of the quarrell might then be admitted: But my Reuerend Confessor takes on him, like a Prince engaged in warre many yeares since. What doth he thinke? That hee is brought hither to bee the Judge and Vmpire, whether the warre on the States side bee right or wrong; and that there­upon hee is, Ex Tripode, to pronounce his sentence? To say troth, men of vnderstan­ding do strangely wonder, and Princes haue a iust subiect to bee highly displeased, and deepely to ressent the timeritie and petulan­cie of some Priests and Confessors, who pas­sing the confines of their Office in Confessi­ons, prouoke Soueraignetie, and make them­selues Judges and Censurers of the actions of Princes. A Prince can no sooner procure a Contribution, or lay on an Imposition, but they will straight sit vpon it as Iudges, whe­ther the Cause be iust or vniust. The same [Page] Masteries they would play in Confederacies of peace & war: and yet all this were in some sort tollerable, if they did it in relation meer­ly to themselues, but the importance of it lyes in this, That they taint the fidelitie of sub­iects in Confession, they put the Prince into scuruie apprehensions, they perturbe the Consciences of publicke Ministers, and they do insensibly worke such mischief, as the ve­ry Enemies of the State cannot desire more.

Miserable is the condition of the Reason of State, That beeing a Reason diuine, natu­rall, free, and independant, it should yet be fettered with the Censures of those, who are no way capable to discerne of it: and that the Reason of Warre being likewise held, as indeed it is, a Soueraigne reason, must be inthralled, I will not say to the iudgement, but to the capriciousnesse of one that cannot by any meanes attaine to know the true grounds that are to gouerne it. The grea­test Statesmen haue much doubted, whether it were possible to giue iudgement touching the iustnesse of a warre: For whosoeuer will determine the iustnesse of it, must of necessitie ordaine it by circumscribing the [Page] [...]ame with certaine Lawes, by which the iustice of warre is to be regulated: but so it would leaue to be a supreame and soueraign Reason.

But to let alone those disputes, one thing is so certaine that no man can denie it, That a common or publicke good, is superior to any good that is priuate, and this ought to be ruled by that; and that to attempt the vse of the contrarie, is the ruine of the State, and the peruersion of all Lawes both Diuine and Humane.

The care of the Common good, God hath together with Soueragnetie, committed vnto the Prince: for it is his office alone to pre­scribe the meanes of conseruing and main­taining this Good, whether it bee by imposi­tions, or by warre, or by leagues, or by any other course whatsoeuer. And hee that in this point shall intermedle or make himselfe a Iudge and Censurer, whether he be Confes­sor, or other, hee offends against Soueraigntie, and worketh against that respect and reue­rence which is by Nature instilled, and in the Sacred Scriptures by God himselfe comman­ded, and which euery one ought to carry [Page] toward the Prince, who is Gods Vicegerent and Lieutenant in the Gouernement of the State. And therefore Godly men, and con­scionable Priests haue the deliberations of Princes in veneration, & doe not make them­selues Judges of them. As for the miserable subterfuge of such as excuse themselues, That they doe not become Judges in these Cases of Princes, but that the warre may bee vniust out of the notoriousnesse of the fact, it is not applyable to our present purpose; be­cause first it may bee replied, Quo iure, is it notorious? by the Cannon or Ciuile Law? But these are inferiour and not superior to the Reason of warre. Againe, is it notorious by reason of the Publicke Good, or of the Priuate? If by this, why this must be subiect and giue way vnto the Publicke? If by the Publicke, the care of that appertaines to the Prince. And lastly, these euasions take no place in warre that is vndertaken for neces­sary defence.

If after all this it should bee sayd, That Lawyers, besides the iustice of the Cause in warre, doe looke after, and that in the first place, the iustice and right of the [Page] Dominion, Bellum iustum, Iustitia Imperij, it would bee an intollerable impudence in a Priest, without any regard had of that which passed in the Truce, wherein the States were by the King of Spaine himselfe ac­knowledged for Soueraigne, Independant, and Lawfull, that hee should passe so farre, as to arrogate to himselfe the examination of Dominions, and the titles of them, and there­by to ordaine himselfe Iudge of Temporall States and Seigniories. Whereas the Holy Writ commands, That we should looke in­to these matters no further, than to hold those Princes that raigne, to bee appointed by God himselfe. And scarsely is it permit­teed to Soueraigne Princes to enter into the titles of Dominion which the States, or o­thers haue; and for priuate persons, they ought not to make any iudgement there­upon, but by the possession, leauing the rest to Almightie God, who transferreth Rule and Dominion by those meanes which seeme aptest and best vnto his Diuine Prouidence. And if it should be held fit to follow the opinions of others, especiall of the parties interessed, in decree­ing, [Page] Who Rules with iust and vniust titles; the world would be reduced to very few Princes, and by this time there would haue beene one Spirituall Pope, and one Tem­porall King, or else one sole Spi­rituall and Temporall Monarke.