Pseudo-martyr Wherein out of certaine propositions and gradations, this conclusion is euicted. That those which are of the Romane religion in this kingdome, may and ought to take the Oath of allegiance.

PSEVDO-MARTYR.

CHAP. I. Of Martyrdome and the dignitie thereof.

AS a Depositarie to whose trust some pretious thing were committed, is not onely encombred and anxious, to defend it from the violencies and subtleties of outward attempters, but feeles within himselfe some interrupt • ons of his peace, and some inuasions vpon his honesty, by a corrupt desire, and temptation to possesse it, and to employ vpon his owne pleasure or profit, that of which he is no Proprietary: and neuer returnes to his security, out of these watchfulnesses against other, and reluctations with himselfe; till he who deliuered this Iewell, resume it againe: So, till it please the Lord, and owner of our life to take home into his treasurie, this rich Carbuncle our soule, which giues vs light in our night of ignorance, and our darke body of earth, we are still anguished and trauelled • as well with a continuall defensiue warre, to preserue our life from sickenesses, and other offensiue violences; as with a diuers and contrary couetousnes, sometimes to enlarge our State and terme therein, somtimes to make it so much our owne, that we may vnthriftily spend it vpon surfets, or licentiousnes, or reputation.

2 From thence proceeded that corrupt prodigality of their liues, with examples whereof all Histories abound; honour, ease, deuotion, shame, want, paine, any thing serued for a reason, not only to forsake themselues, or to expose themselues to vn-euitable dangers, but also to be their owne executioners • yea we read of the women of a certaine town, Gellius l. 15. c. 10 that in a wantonnes had brought it vp for a fashion, to kill themselues.

3 Which corruption, and Ambition of beeing Lord of our selues, euery sort of men, which contributed their helpes to the preseruation and tranquility of States, laboured against • as first the Philosopher, who obseruing that honour and • ase did principally draw men into this inclination, because they were desirous to get a name of during, and of greatnes, and to escape the miseries which euery day in this life presents, and heapes vpon vs; did therefore teach, Aristot. Eth. l. 3. cap. 7 That nothing was more base and cowardly, then to kill ones selfe, so to correct that opinion of getting honour by that Act: and to ouerthrow the other opinion of ease, Idem l. 3 • . 6. Maetalius Metellus, prefat. in Histor. Os • ij. they taught Death to be the most miserable thing which could fall vpon vs.

4 And when the Spaniard in the Indies found a generall inclination, and practise in the inhabitants to kill themselues, to auoide slauer • e; they had no way to reduce them, but by some dissemblings and outward counterfeitings, to make them beleeue, that they also killed themselues, and so went with them into the next world, and afflicted them more then, then they did in this.

5. The Emperors also by their lawes and ciuil Constitutions, Dig. l. 48. Tit. • 9. le 38. & Dig. l. 49. tit. 10. l • . 6 haue opposed remed • es against this ordinary disease, by inflicting forfaitures and infamou • mulctes vpon them which shold do it. Concil. Antisi. ca. 17. And the Church hath resisted it by her Canons, Conc. Braca • . 23. q. 5. placuit. which denie them Christian buriall, and refuse their oblations at the Altars. And with what seuere lawes, other particular States haue laboured against it, appeares by the law of our nation, which esteemes it not only Man • slaughter but Murder. And by that law in the Ea • ledome of Flanders, which reckons it amongst the heinous names of Treason, Tholos. Sy • t. l. 36. c. 22. 〈◊〉 . 13. Heresie, and Sedition.

6 And yet it was obserued, that this corruption was so inhaerent and rooted, and had so ouergrowne our nature, or that corruption which depraues it, that neither those imperiall lawes, nor that forme of a State which Plato Ide • ted, De leg. 9. nor that which Sir Tho. Moore did imagine and delineate thought it possible vtterly to extirpate and roote out this disposition, V • op. l. 2. ca. de Serius. but onely to stoppe and retard the generall precipitation therein: And therefore in their lawes they haue flattered our corruption so much, as to appoint certaine cases and reasons, and circumstances, in which it might be lawfull to kill ones selfe.

7 And Almightie God himselfe, who disposes all things sweetely, hath beene so indulgent to our nature, and the frailty thereof, that he hath affoorded vs a meanes, how wee may giue away our life, and make him, in a pious interpretation, beholden to vs for it; which is by deliuering our selues to Martyredome, for the testimony of his name, and aduancing his glorie: for in this we restore him his Talent with profite; our owne soule, with as many more, as our example workes vpon, and winnes to him. To denie him this, is not onely to steale from him, that which is his, by many deare titles; as Creating, Redeeming, and Preseruing; but at such a time, as his honour hath vse of such a seruice at our handes, then to withdraw our testimony from him, is as much a betraying and crucifying of him againe, as it was in them, who by their false witnesse, occasioned his death before.

8 Saint Iohn saith, Io. 1.7 that the Baptist was not that light, but (as though that were the next dignity) hee came to beare witnesse of that light. And when our blessed Sauiour re • used to beare witnesse o • him • elfe; Io. 5.31. those, whom he reckons as his witnesses, are all of • o high dignity, as no ambition can be higher, then to be admitted amongst those witnesses of Christ; • or they are thus laide downe; First the Bapt • st, then his Miracles, then his Father, and then the Scriptures.

9 How soone God beganne to call vpon man for this seruice, by sealing his acceptation of Abels sacrifice, in accepting Abel for a Sacrifice: for so saith Chrysostome, Abel, in the beginning, before any example, first of all Dedicated Martyredome. De Martyri Serm. 7. And as soone as Christ came into the world, after he receiued the oblations of the kings, presenting part of their temporall fortunes; the next thing wherein he would be glorified, was that Holocaust and Hecatombe of the innocent children, martyrd for his name.

10 And though wee cannot by infinite degrees, attaine to our patterne Christ, the generall Sacrifice; yet we must exceed those Typique times, and Sacrifices of the old law; and be no more couetous of our selues, then they were of their beasts, when that Sacrifice is required at our hands: for when we sacrifice our concupiscences, by rooting them out we equall them, who sacrificed their beasts; but we exceede them, when we immolate our soule and body to God.

11 The blood of the Martyres was the milke which nourished the Primitiue Church, in her infancy, and shall it be too hard for our digestion now? It was the seede of the Church, out of which we sprung; and shall wee grudge to Tithe our selues to God, in any proportion that hee will accept? As Zipporah said to Moses, Exod. 4, 25 vere sponsus sanguinum es mihi; the Church may well say to Christ, who lookes for this Circumcision at her hands, and this tribute of blood, which he hath so well deser • ed • both by begetting the Church by his blood vpon the Crosse • and feeding her still wi • h the same blood in the Sacrament.

12 But those whom hee hath pre-ordained to this supreame Dignity of Martyrdome, God doth ordinarily bring vp in a nouitiate, and Apprentisage of worldly Crosses and Tribulations. And as I • stinians great Officer Tiberius, Paul. Diaco. ad Eutrop Addit. 18. when out of a reuerence to the signe of the Crosse, he remoued a Marble stone from the Pauement, and vnder it found a second stone, with the same Sculpture, and vnder that a third, and vnder all, great plenty of treasure, had not this treasure in his hope, nor purpose, nor desire before hand, but satisfied himselfe in doing that honour to that signe, which those first times needed: So is the treasure and crowne of Martyredome seposed for them, who take vp deuoutly the crosses of this life, whether of pouerty, or anguish'd consciences, or obedience of lawes which seeme burdenous, and distastefull to them; for all that time a man serues for his freedome, and God keeps his reckoning, from the inchoation of his Martyredome, which was from his first submission to these tribulations: which Chrysostome testifies thus; Homil. in psal. 95. That when one is executed, he is then made a Martyr (that is, declared and accepted • or a Martyre by the Church) but from that time, when he begunne to shewe, that he would professe that Religion, he was a Martyre, though he endured not that which Martyres doe.

13 Saint Paul • aith of himselfe, I die daily;1. Cor. 15. and Chrysostome of Dauid, He merited the Crowne of Martyrdome a thousand times in his purpose and disposition, and was slaine for God a thousand times. And these persecutions are not onely part of the Martyredome, but they are part of the reward: for so St. Marke seemes to intimate, when hee expresseth Christ thus; No man shall forsake any thing for my • ake, but he shall receiue a hundred folde now at this pre • ent, houses Brothers, Sisters, Mothers and Children, and land, with Persecutions. So that Christ promises a reward, but not to take away the persecution; but so to mingle and compound them, and make them both of one taste, and indifferency, that wee shall not distinguish, which is the meate and which is the sawce, but nouri • h our spirituall growth as well with the persecution, as with the reward.

14 For this high degree of a consummate Martyre, is not ordinarily attained to per Saltum, but we must be content to • erue God first in a lower ranke and Order: for as much Kings, as come to the possession of a Kingdome, by a new, or a violent, or a litigious Title, doe vse at the beginning to signe their Graunts, and Edicts, and o • her publ • que Acts, not onely themselues, but admit the Subscription and testimony of their Counsellers, and Nobility, and Bishoppes; but being est • blished by a long succession, and entring by an indubitate Title, are confident in their rights, and come to signe Teste me ipso: So doth our Sauiour Christ ordinarily in these times, when hee is in possession of the world, seale his graces to vs by himselfe in his word and Sacraments, and do • h not so frequently c • ll witnesses and Martyrs, as he did in the Primitiue Church, when he induced a new Religion, and saw that, that maner of confirmation was expedient for the credite and conueiance thereof.

And if a man should in an immature and vndigested zeale, expose his life for testimony of a matter, which were already beleeued, or to which he were not called by God, he did no more honor God in that acte, then a Subiect should honour the King by subscribing his name, and giuing his T • stimony to any of the Kings Graunts.

CHAP. II. That there may be an inordinate and corrupt affectation of Martyrdome.

THe externall honours, by which the memories of the Orthodox Martyres in the Primitiue Church were celebrated and enobled, (as styling their deaths Natalitia, obseruing their Anniuersaries, commemorating them at their Altars, and instituting Notaries, to register their actions and passions) inflamed the Heretiques also to an ambition of getting the like glory. And thereupon they did not onely expose and precipitate themselues into • ll d • ngers, but also inuented new wayes of Martyredome; with hunger whereof they were so m • ch enraged and transported, that some of them taught, Alfons. Castr. ver. Martyrium That vpon conscience of sinne to kill ones selfe, was by this acte of Iustice, a Martyrdome • vpon which ground Petilian, against whom Saint Augustine writes, canonized Iudas for a Prateolus l. 3 cap. 19. Martyre. The rage and fury of the Circumcelliones, in extorting this imagined Martyrdome; brought them first to solicite and importune others to kill them; and if they fail'd in that suite, they did it themselues. And another Sect prospered so farre in heaping vp numbers of Martyres, Ep • pha. Haeres. 80 that their whole sect was called Martyriani.

2 And a zealous scorne to be ouertaken, and • qual'd in this honor, prouoked sometimes those who write the Actes of the Orthodoxe Martyrs, to insert into their Histories some particulars which were not true, and some which were not iustifiable: Cap. 2 for of the first sort of these insertions, which proceeded (as he saith) out of too much loue to the Martyrs, Baronius in his Martyrologe complaines; Dist. 15. Sancta Romana and by the Canon which forbids these Histories to be reade publiquely in the Romane Church, it seems they were careful that the people should not thereby be taught and encouraged, to bring such actions into consequence and imitation, as, (if the immediate instinct of Gods spirit, did not iustifie them) would seeme indiscreete and intemperate. Nor were they onely, which corrupted the stories in fault, but out of Binius, the last compiler of the Councels, we may perceiue, that euen they which were Orthodoxe pro • essors, had some tincture of this ouer-vehement affectation of Martyredome: for he saies, that the sixeteth Canon of the Eliberitane councell (by which it is enacted, To. 1. fo. 248 That those Christians which attempted to breake the Idols of the Gentiles, and were slaine by them, should not be numbred amongst the Martyrs) was made to deterre men from following such examples, as Eulalia, who being a maide of twelue years, came from her fathers house, Prud • nt • us declared her selfe to be a Christian, spit in the Iudges face, and prouoked him to execute her. To which they were then so inclin • ble, Bodin Daemonom l. 4. c. 3. ex Tertull. that as a Catholique Author hath obserued, that state which inflicted those persecutions; sometimes made Edicts, that no more Christians should be executed, because they perceiued how much contentment and satisfaction, and complacency some of them had in such dying.

3 And although these irregular and exorbitant actes be capable of a good interpretation; that is, that the spirit of God did by secret insinuations e • cite and inflame them, and such as they were, to pu • feruor into others at that time; yet certainly God hath already made his vse of them, and their examples belong no more to vs, in this part and circumstance of such excesses.

4 And though this secret and inward instinct and mouing of the holy Ghost, which the Church presumes, to haue guided not onely these martyres, in whose forwardnesse these authors haue obserued some incongruity with the rules of Diuinity, but also Sampson, and those Virgines which drowned themselues • or preseruation of their chastity, Eus • b. l. 8 Hist. Eccl • s. ca. 24 which are also acounted by that Church as martyres; although (I say) this instinct lie not in proofe, nor can be made euident; yet there are many other reasons, which authorize and iustifie those zealous transgressions of theirs (if any such were): or make them much more excuseable, then any man can be in these times, and in these places wherein we liue.

5 For the persecutions in the Primitiue Church were raised either by the Gentiles or the Arrians; either the vnity of the God-head, or the Trinity of the persons was euer in question: which were the Elements of the Christian Religion, of which it was fram'd and complexioned; and so to shake that, was to ruine and demolish all. And they were also the Alphabet of our Religion, of which no infant or Neophyte might be ignorant. But now the integrity of the beliefe of the Roman Church, is the onely forme of Martyrdome; for it is not allowed for a Martyrdome to witnes by our blood, Feuardent • us Theom. Caluin l. 8. c. 13. n. 13. the vnity of God against the Gentiles, nor the Trinity of persons against the Turke or Iew, except we be ready to seale with our blood contradictorie things, and incompatible for the time past: (since euidently the Popes haue taught contradictorie things) and for the time present, obscure and irreuealed thinges, and entangling perplexities of Schoolemen; for in these, yea in future contingencies, we must seale with our blood, that part which that Church shall hereafter declare to be true.

6 This constant defence of the foundation, and this vndisputable euidence of the truth, was their warrant: And they had another double reason, of making them extremely tender, and fearefull of slipping from their profession; which was first the subtilties and Artifices of their aduersaries, to get them to doe some acte, which might imply a transgressing and dereliction of their Religion, though it were not directly so; and so draw a scandall vpon their cause, and make their simplicity seeme infirmity, and impiety: and secondly, the seuerity which the Church vsed towards them, who had done any such acte, and her bitternesse and a • ersenes, from re assuming them, euen after long penances, into her bosome. For by the third Canon of the Eliberitane Counc • l, which I ment • oned before, it appeares, that euen they whom they called Libellaticos, because they had for money bargained and contracted with the State, to spare them from sacrificing to Idolles (though this were done but to redeeme their vexation and trouble) were seperated from the holy Communion. But none of these reasons can aduantage or relieue those of the Romane perswasion in these times, because no point of Catholique faith, either primary and radicall, or issuing from thence by necessary deduction and consequence, is impugned by vs; nor their faith in those points, wherin it abounds aboue ours, explicated to them by any euidence, which is not subiect to iust quarrell and exception; nor are our Magistrates laborious or actiue to withdrawe them by any snares from their profession, but only by the open and direct way of the word of God, if they would heare it nor is the Church so sowre and tetricall, but that she admits with ease and ioy, those, which after long straying, not only into that Religion, but into such treasons and disobediences, as that Religion produces, returne to her againe.

CHAP. III. That the Romane Religion doth by many erroneous doctrines misencourage and excite men to this vicious affectation of danger: first by inciting secular Magistracy: secondly by extolling the value of merites, and of this worke in special, by which the treasure of the Church is so much aduanced: and lastly, by the doctrine of Purgatory, which by this acte is said certainely to be escaped.

The first part of Principallity and Priest-hood.

HAuing laide this foundation, that the greatest Dignitie, wherewith God hath enriched mans nature, (next to his owne assuming thereof) may suffer some infirmitie: yea, putrefaction, by admixture of humane and passionate respects, if when we are admitted to bee witnesses of Gods honour, we loue our owne glory too much, or the Authoritie by which this benefit is deriu'd vpon vs, too little, which is the function of secular Magistracie: We are next to consider, by what inducements, and prouocations, the Doctrine and practise of the Romane Church doth put forward, and precipitate our slipperie disposition into this vicious and inordinate affection, and dangerous selfe-flatterie.

2 In three things especially they seeme to me, to aduance and • oment this corrupt inclination. First, by abasing, and auiling the Dignitie and persons of secular Magistrates, by extolling Ecclesiasticke immunities and priuiledges: Secondly, by dignifying and ouer-valewing our merits and satisfactions, and teaching that the treasure of the Church, is by this expence of our blood increased. And thirdly, by the Doctrine of Purgatorie, the torments whereof are by this suffering said to be escaped and auoided.

3 And in the first point, which is a dis-estimation of Magistracie, they offend two wayes. Comparatiuely, when they compare together that and Priest-hood, and Positiuely, when not bringing the Priestly function into the ballance, or disputation, they giue the Pope authority as Supreame spirituall Princesse, ouer all Princes.

4 When the first is in question of Priesthood and Magistracy, then enters the Sea, yea Deluge of Canonists, and ouerflowes all, and carries vp their Arke (that is the Romane Church, that is the Pope) fifteene cubites aboue the highest hils, whether Kings or Emperours. Extra. de maior. & Obed. Solit • . Quinquagesies septies & Centies quadragesies septies & medium, & septies mesies & septingesies, quadragesies, quater & medium. And this makes the Glosser vpon that Canon, where Priesthood is said to exceede the Layetie, as much as the Sunne, the Moone, so diligent to calculate those proportions, and to repent his first account as too low, and reforme i • by later calculations, and after much perplexity to say, That since he cannot attaine to it, he will leaue it to the Astronomers; so that they must tell vs, how much the Pope exceedes a Prince: which were a fit work for their Iesuite Clauius, Comment. in Sacro. Bosc. fol. 219. who hath expressed in one summe, how many granes of Sand would fill all the place within the concaue of the firmament, if that number will seeme to them enough for • his comparison. But to all these Rhapsoders, and fragmentar • compilers of Canons, which haue onely am • ss'd and shoueld together, whatsoeuer the Popes themselues or their creatures haue testified in their owne cause; Amandus Polanus applies a round, Simphons. 24. T • es. 9. and pregnant, and proportionall answere, by presenting against them the Edicts and Rescripts of Emperours to the contrary, as an equiualent proo • e at least.

5 And for the matter it selfe, wherein the Ecclesiastique and Ciuill estate are vnder and aboue one another, with vs it is euident and liquid enough, since no Prince was euer more indulgent to the Clergie, by encouragements and reall adu • ncing, nor more frequent in accepting the foode of the worde and Sacrament at their hands, in which he acknowledges their superiority, nor the Clergy of any Church more inclinable to preserue their iust limits; which are, to attribute to the king so much, as the good kings of Israel, and the Emperours in the Primitiue Church had.

6 It is intire man that God hath care of, and not the soule alone; therefore his first worke was the body, and the last worke shall bee the glorification thereof. He hath not deliuered vs ouer to a Prince onely, as to a Physitian, and to a Lawyer, to looke to our bodies and estates; and to the Priest onely, as to a Confessor, to looke to, and examine our • oules, but the Priest must aswel endeuour, that we liue ver • uously and innocently in this life for society here, as the Prince, by his lawes keepes vs in the way to heauen: for thus they accomplish a Regale Sacerdotium; when both doe both; • or we are sheepe to them both, and they in diuers relations sheepe to one another.

7 Accordingly they say, that the subiect of the Canon law is Homo dirigibilis in Deum, & Bouū Commune; Reg Iu Possore, in 6. Glos. so that that Court which is, forum spirituale, considers the publique tranquility. And on the other side Charles the great, to establish a meane course between those two extreame Councels, of which Constantin. Ann 754. one had vtterly destroyed the vse of Images in Nicenum 2. Anno 787. Churches • the other had induced their adoration, takes it to belong to his care and function, not onely to call a Francofur. Anno 794. Synode to determine herein, but to write the booke of that important and intricate point, to Adrian then Pope; which Donat. Constant l. 2. nu. 60. Steuchius saith, remaines yet to be seene in Bibliotheca Palatina, and vrges and presses that booke for the Popes aduantage. And in the preface of that booke, the Emperour hath these wordes: Haimius Feldius Decretu. Impp. de Imaginibus. fo. 91. In sinu Regni Ecclesiae gubernacula suscepimus; and to proceede, that not only he, to whom the Church is committed, ad regendum, in those stormy times, but they also which are Enutriti ab vberibus must ioine with him in that care: and therefore he addes, That he vndertooke this worke, Cum Conhibentia Sacerdotum in regno suo; neither would this Emperour (of so pious affections towards that Sea, expressed in pro fuse liberalities) haue vsurped any part of Iurisdiction, which had not orderly deuolued to him, and which he had not knowne to haue beene duely executed by his predecessors.

8 Whose authoritie, in disposing of Church matters, and direct • on in matters of Doctrine, together with the Bishops, appeares abundantly and euidently out of their owne Lawes, and out of their Rescripts to Popes, and the Epistles of the Popes to them. For we see, by the Imperial Law, the Authoritie of the Prince and the Priest made equall, when it is decreed, Dig. li. 11. Tit. 7. l. 8. Osa. That no man may remoue a body out of a Monument in the Church, without a Decree of the Priest, or Commandement of the Prince. And yet there appeares much difference, in degrees of absolutenesse of power, betweene these limitations of a Decree and a Commandement. And Leo the first, writing to the Emperour Martianus, reioyses, that he found Leo 1. Martia. In Christianiss mo Principe Sacerdot alem affectum. And in his Epist. 70. Epist. 75. Epistle to Leo the Emperour, vsing this preface for feare least hee should seeme to diminish him in that comparison (Christiana vtor libertate) he saith, I exhort you to a fellowshippe with the Prophets and Apostles, because you are to be numbred inter Christi praedicatores: Hee addes, that kings are instituted, not onely ad mundi regimen, but chiefly ad Ecclesiae presidium: and • herefore he praies God to keepe in him still, Animum eius Apostolicum & Sacerdotalem.

9 So for his diligence in the Church gouernement, Simplicius, Simplicius Papa An. 471. Epist. 14. the Pope salutes the Emperour Zeno. E • ultamus vo • i • in esse animum Sacerdotis & principis: For which respect his successor Ann 486. Epist 14. Felix the third, writing to thesame Emperour, salutes him wi • h his stile: Dilectissimo fratri Zenoni, which is a stile so peculiar to those, which are constituted in the highest Ecclesiastique dignities as Bishoppes and Patriarches, Extra. de Rescript. Ad audic •• iam • g os. verb manifestum. that if the Pope should write to any of them by the name of Sons, which is his ordinary stile to secular princes, it vitiates the whole Diplome, and makes it false.

10 And a Conc. Aurelian. 1. Clodu. regi. c. 2 Synodicall letter from a whole Councell to a King of France, acknowledges this Priestly care in the king, thus, Quia Sacerdotalimentis affectu, you haue commaunded your Priests to gather together, &c. which right of general superintendencie ouer the whole Church, Habetur in Binio To. 2. f. 320. Anno. 516. Anastasius the Emperour dissembled not, when writing to the Senate of Rome to compose dissentions there, hee called Hormisda the pope, Papam Almae vrbis Romae, but in the Inscription of the Letter, amongst his owne Titles, he writes Pontifex inclitus.

11 Li. 4. Epist. 32. Gregory himselfe (though his times to some tastes, seeme a little brackish, and deflected from vpright obedience to princes) saith of the Emperours • That no man can rightly gouerne earthly matters, except he know also how to handle Diuine. And in the weakest estate, and most dangerous fitt that euer secular Magistrate suffered and endured, Greg. 7. Duci Sue uiae l. 1. Epist. 19. Gregory the seuenth denied not, that these two dignities were as the two eyes of the body, which gouernd the bodie of the Church in spirituall light; which is more, then the Comparisons of Soule and Body, and of Golde and Leade, as they are now vsurped and detorted, can affoord. And the euidence of this truth hath extorted from Binius Binius To. 1. fol. 831. A. (a seuere and heauie depresser of kings,) thus much (though but in a marginall note) Imperatores Sacra & secularia ex aequo curant. Ioan. 8. Pap • Ann. 873. Epist. 87. And so much did pope Iohn the eight willingly acknowledge to Lodouic the sonne of Charles, That he was Cooperator sui certaminis. And as Balsamo saith upon the fourth generall Councell of Chalcedon, Balsamo. in Conc Chalced. can. 17 that it belongs to the Emperour to designe the limits of Diocesses, and to erect a Bishopricke into a Metrapolitane seate, and to appoint who shall possesse them. Concil. Quinosen in Trullo. ca. 69. Anno 692. So to that Canon in the Councell of Trullo which forbidding all Lay persons to come within a certaine distance of the Altar, doth not extend to the Emperours, Si quidem voluerit Creatori dona offerre ex antiquissima consuetudine: And to Balsamoes Notes thereupon, that Orthodoxe Emperours, because they are Christi Domini, haue also Pontificall Graces from God, and by Inuocation of the holy Trinity, they create Patriarchs, they come vnto the Altar, Et sufficiunt sicut & Antistites: Notes in hunc can. To. 3. par. 1. fo. 156. A. Binius opposes no more, but that the Canon was made in flatterie of the Emperour, which is not enough to defeate the Canon, nor eneruate the credite thereof, since that Canon was not introductory then, but Declaratorie of an auncient custome, as the words thereof doe fully euict and proue.

12 And not onely Councels submitted their Decrees to the Emperours for Authoritie, and supplemen • of defects, but the Popes themselues con • ul • ed the Emperours be • ore hand, by their Letters, in matters of greatest difficultie and importance: So Leo the fi • st writes to Martianus the Emperour, Leo, Martiano Epist. 64. about the establishing of Easter, in which point the Church suffered more stormes & schismes, then almost in any other, that did not concerne the Trinitie, and at this time nothing was certainely determined and decreed therein. Thus then he writes to him, Cupio vestrae Clementiae studijs adiuuari, That so no error may be committed in the obseruation thereof. And Leo the eight, Leo 8. Epist. 87. exhorts the Sonnes of Charles, as partners in his Pastorall care to imploy Baculos redargutionis. And concerning some spiritual matters, then to be determined, he ends his Epistle thus, The penne must first be dipped in the fountaine of your heart, and then my Hand shall frame the Characters. And so when a Bishop of Constantinople stood out in some things against the Emperor, Leo 1. ad Martia • . Epist. 70. the Bishop of Rome, who at that time had iustly acquir'd a great reputation in the Catholicke Church, writes to the Emperour, That if that Bishop perseuer in such courses, as displease God, and the Emperour, Salua Mansuetudinis vestrae Reuerentia, vtar in e • m liberiori Constantia. So that hauing first asked the Emperour leaue, he offers him his assistance.

Grego. 1. li. 3. Epist. 20.13 And though Gregorie the first (whom wee may iustly call a border-pope, because though hee made no deepe roades into the iurisdiction of Princes, yet he extended his owne to the vtte • most inch, and sometimes transgressed a little beyond) though he, I say, suspended one, to whome Orders were giuen by the Emperours commandement, yet hee doeth not this absolutely, but because he knew (as he said) the Emperours minde therein, and that particular parties vnworthinesse; he suspended him, vntill he might vnderstand from his Responsall with the Emperor, whether that pretended Commandement from the Emperour were not subreptitious.

14 And when this correspondence was intermitted, as it appeares often to haue beene, to the preiudice of the whole Church, the Emperours were euer forwardest to labour a re-union and concurrence of their powers, to the benefit and peace thereof; Anastas. Imp. Hormisdae Papae. Binius. To. 2. fo. 315. A. as Anastatius testifies thoroughly in a Letter to Hormisda, in these words; Before this time, the hardnesse of them, to whom the care of this Bishopricke, which you now gouerne, was committed, made vs abstaine from sending any Letters; but now, since their runnes a sweete opinion of you, it hath brought backe to our memorie, the goodnesse of a fatherly affection, that we should require those things, and so foorth. By which, all these circumstances appeare, That the Emperours did vse to write, and that the fault which induced a discontinuance thereof, proceeded From the Pope; and that the Emperour pretermitted no opportunitie of resuming that custome; and that where he writ, he did it out of a fatherly care, and by the way of • equiring. And how mu • h ioy Hormisda conceiued by this Letter, Hormisda Epist. 2. ap •• ares by his phrase of expressing it, Sacros affatus congrua veneratione acc • pimus.

Bi • ius To. 2. so. 335. B. 15 With like care Iustinus the Emperour exhorts the same Pope, to a Peace and Vnion with the Easterne Church, by his Letters which hee cals Diuinos Apices. And scarse by any one thing doth this care of Princes, and obsequiousnesse of Popes appeare more, then by the Letter of Pelagius the first (who was littl • aboue 550. yeares • rom Christ) to Childebert King of France, in these words. Pelagius 1. Epist. 16. & 25. q. 1, Satagendum. We must endeuour, for the taking away of all scandall of suspition, to present the obsequiousnesse of our Confession, vnto Kings, to whom the holy Scriptures command euen vs to bee subiect. For Ruffi •• s, your Excellencies Ambassadour, asked from vs confidently, as became him, that either we should signifie to you, that we did obserue in all points the Faith, which Leo had described, or send a Confession of our Faith in our owne words. And • o accordingly he perfor • es both, as well binding himselfe to the Faith of his predecessours, as exhibiting to the King another forme of the same Faith, compos'd and digested by himselfe; which, if the Bishops of that Se • would accept now, I doe not perceiue wherein there could be any Schisme.

16 And as the Emperours were carefull assistants of the Popes, that that mother Church at whose breast most o • the Westerne Churches sucked their spiri • u • ll no • rishment, should be infected with no poison, because it might easily be deriued from thence to the other members; so did they not attend the leisure of that Churches resolution, nor the incommodity of Generall Councels but vsed their owne power to gouerne their Churches, by constitutions of their owne; for so Cod. l. 1. Tit. 3. l. vltim. in fine. Iustinian the Emperour sayes of his owne lawe, by which he priu • ledges certain religious houses; We offer vp this Diuine law as a faire and conuenient sacrifice to Christ. So that eyther that attribute Diuinum was then affoorded to ciuill Constitutions, or the • mperour made Ecclesiastique lawes, if that word belong on • ly to such. Cod. l. 1. Tit. 2. le. • 3. The Emperours tooke it into their care, to dispose of their estates which entred into Monasteries; Cod. l. 1. Tit. 3. l. 20. And of thei • s also which dyed in Monasteries; so that neither the pu • pose of entring, nor the acte, nor the habite, and pe • seuerance deuested the Emperour of his right, or hindred the working of the Law. Cod. l. 1. Tit. 3. l. 4. & 27. The Emperours also by their lawes appointed which of their subiects might not take Orders, Ibid. le. 9. and at what age Orders might be confer'd; and that no woman after a second marriage might be Diaconissa; Ibid. §. Diaconissa. which was, to make a law of Bigamy.

17 Yea they commanded and instructed in matter of Faith; for so Cod, li. 1. Tit. 1 l. 6. Iustinian saies of himselfe, we are forward to teach, what is the right • aith of Christians, and we Anathematize Apollinarius Cod. lib. 1. Tit. • . l. 2.. So also Honorius and Theodosius inflict the punishment of death vpon any Catholique Minister (for then neither that name was abhorred by Priests, nor they exempt from criminall lawes) which shold re-baptize any man; and yet this was a meere spirituall offence. And so Cod. l. 1. Tit. 9. lib. 6. Valentinian, and his Co-emperours pronounce marriage betweene Iewes and Christians to be adultery. And Cod. l. 1. Tit. 2. l. vlt. Iustinian interprets how a Testator shall bee vnderstood, when he appoints Christ, or an Angell, or a Saint to be his heyre.

18 Nor deale they onely with temporall punishments vpon Ecclesiast • que persons, which is farder then is affoorded them now, but they inflict also spirituall censures: for Gratian and his Co-emperours pronounce against Heretiques, (that is, Cod. l. 1. Tit. 1. • . 2 Impugners of the Nicene councell) That they shall be vtterly secluded from the threshold of the Church: And in the next law, which is against Nestorians, they say, If the offenders be Laymen, Anathematizentur, if Clergie men, Eijciantur ab Ecclesijs. Cod. l. 1. Tit. 3. • 7. § Presbiter • . And another of their lawes doth not only inflict temporal & ignominious punishmēt vpon Clergy men, but Ecclesiastique censures also in these words: If a Clergy man be guilty of fals witnes in a pecuniary cause • let him be suspended three yeares, and in a criminall, let him be depriued. Ibid. • e. 17. §. Interdi • imus. And another susspends for three yeares, euen Sanctissimos & venerabiles Episcopos; if they doe but looke vpon players at Tables: and that law authorizes him, vnder whose power that offender is, if he appeare penitent, to abbreuiate his punishment; Ibid. l. 19. and of Bishoppes which will not forsake women, it pronounces thus; Abiiciantur Episcopatibus. And in the matter of establishing and ordering Sanctuaries, Simancha. de R • pub. l. 8. c. 40. one of the writers of the Romane parte hath presented ciuill constitutions enow, to teach vs that, that was within the care and Iurisdiction of secular Princes.

19 Simplicius Zenoni. Ep. 14. And when an Emperour had created a Bishop of Antioch, contrary to the forme prescrib'd in the Nicene Councell, of an intire obseruation, whereof the christian Church was extremly zealous, the Pope proceedes not by anullings and vociferations, but writes thus to the Emperour: We may not dissallow that which you haue done holily and religiously out of a loue to peace and quietnes: by which we see that Canons of Councels, though they were Directions, yet they were not Obligations vpon Princes for their gouernement. By all which it appeares, that those Christian and Orthodoxe Emperors, iustifying their inherent right, by these frequent and vn-interrupted matters of fact, apprehended not this vast and incomprehensible distance betweene secular and ecclesiastique power, but that they were compatible enough, and conduced, and concurred to one perfection, and harmony of the whole state.

20 And it is related by Espen • aeus. Com • n Tim. l. 2. pag. 275. an Author of great estimation in the Romane profession, that Gregory the seuenth was author of a new scisme, diuiding and tearing priesthood and principality. Index Expur. Belg. fo. 15. And it is euident that Bertram a priest vnder Carolus Caluus, almost eight hundred yeares since, writing of that Diuine and abstruse mysterie, De corpore Domini, submits his opinion to the iudgement of the King and his Counsaile, as competent Iudges of that question: and Pref • tio in Histor. de act. & Script. Lutheri. Cochlaeus saith, that Luthers doctrine was condemned for hereticall by an edict of the Emperours, with the common assent of the Princes and the States. And the holy Ghost had well intimated the concurrence of their two powers in Deut. 17.11. Deuter. if those wordes which are in the Text, Nolens obedire sacerdotis Imperio, & Decreto Iudici, moriatur; were not chaunged by the vulgate edition, into Ex Decreto; and thereby only the priest made Iudge of the controuersies, and the Magistrate onely executioner of his Sentences.

21 For certainely these two functions are not in their nature so distinct, and Diametrically oppo • ed, but that they may meete in one matter, yea sometimes in one man, and one man may doe both: for amongst the Gentiles, it was so for the most part: and sometimes amongst the Israelites. And in late times Epist. Maximil • . ad B • ro. Leichtensteni Habetur. in Monit. polit. edit Franct. Ann. 1609. so. 33. Maximilian the first, a Catholique Emperour, thought it belonged to the Empire, to haue also the Papacy vnited to it: and therfore when Iulius the second lay desperately sicke, he endeuoured to bring to execution, that which he had often meditated, and consul • ed, and receiued as approued from some great persons of dignity in that Church, which was to bee elected Pope in the next Conclaue, and to restore the Papacy (as he thought or pretended) to the Emperiall Crowne.

22 Ceremoniae Sacrae. Cap. de Ordinatione. And if a Lay-man be elected Pope, he need not presently be made Priest, but he may, if hee will, stay in Subdiaconatu. And to that degree they seeme to admit the Emperour, when he comes to be crowned at Rome; Idem. ca. de Coronat. for at the Communion he administers to the Pope in the place of Subdeacon. And this in the Primitiue Church was not (as Alfon. Aluares specul. vtriusque Dig. c. 10. nu. 3. themselues confesse) Ordo Sacer: though of late it be growne to be such a perplexed case, whether it were or no, that of those commissioners, which two Popes made to suruay the Decretals, one company expunged, the other re-assumed Extra de bigam. non Ordin. Super eis. glos. verbo Sacros. one place in that book, which denies this to haue beene amongst holy Orders.

23 The Emperour also puts on a Surplis, and is admitted as a Canonick not only of Saint Peters Church, but of Saint Iohn Laterane; to which particular Churches (of which the Pope is Parson, as he is Bishoppe of Rome, Metropolitane of Italy, patriarch of the West, and pope of the world, all those blessings and priuiledges which are ordinarily spoken of the Catholique Church are said by Aluares specu. vtri. Digni. ca. 1. nu. 40. some to bee irremoueably annexed and appropriate: hereupon some of their owne lawyers say, Cassanaeus • par. 5. consid. 24. art. 59. & 181. That all kings are clergie men; and that therefore it is sacriledge • o dispute of the authority of a King.

24 But howsoeuer these two functions, since the establing of Christianity, haue for the most part beene preserued distinct, and ought so to be; yet they are at most, but so distinct as our Body and Soule: and though our Soule can contemplate God of herself, yet she can produce no exterior act without the body. Nothing in the world is more spirituall and delicate, and tender then the conscience of a man; yet by good consent of Diuines, otherwise diuersly perswaded in Religion, the ciuill lawes of Princes doe binde our consciences: and shall the persons of any men, or their temporal goods, be thought to be of so sublimed, and spirituall a nature, that the ciuill constitutions of Princes cannot worke vpon them? Nor doe we therfore decline the comparison, so much vrged by the Romanes, Be • lar. de P •• t. Ro l. 5, c. 6. §. Est igit • r. E • Nazi •• z. that the Clergie exceede the Laiety as much as the body the soule, when it is so conditioned and qualified, as the authors thereof intended it; That is, that the seales and instruments of Gods grace, the Sacraments, are in the dispensing of the Clergy, as temporall blessings are in the Prince and his lawes, strictly and properly, though concurrently both in both, (for the execution of the most spirituall function of the priest, as it is circumstanced with time and place; and such, is ordinarily from the Prince) • But we are a litle affraid, that by a literall and punctuall acceptation of this comparison, we may giue way to that Supremacy, which they affect ouer Princes; because their Sepulueda saith, Sepulueda de regn. & reg. Hu. l. 1. That the soule doth exercise ouer the body, Herile Imperium, vt Dominus in seruum • and so by this insinuation should the pope doe ouer the prince.

25 Howsoeuer in their first institution Popes were meere Soules, and purely spirituall, yet as the purest Soule becomes stain'd and corrupt with sinne, assoone as it touches the body: so haue they by entring into secular businesse, contracted all the corruptions and deformities thereof, and now transferre this originall disease into their successours. Concil. Nice. 2. Actio 5. And as in the second Nicene Councell • when the Bishop of Thessalonica a • err'd it to be the opinion of Basil, Athanasius, and Methodius, and the Vniuersall Church, that Angels, and Soules were not meerely incorporeall, but had bodies • The Councell in a prudent con • i • enc • e, fo • bore to oppose any thing against that asseueration, because it facilitated their purpose then, of making Pictures and representations of Spirits (though Binius now vpon that place, To. 3. Par. 1. fol. 399. say, his Assertion was false and iniurious to the Church:) So though in true Diuinitie the Pope is meerely spiritual, yet to enable him to depose Princes, they will inuest and organize him with bodily and secular Iurisdiction, and auerre that all the Fathers, and all the Catholicke Church were euer of that opinion. For the Pope will not now be a meere Soule and Spirit, but Spiritualis homo, 1. Cor. 2.15. qui iudicat omnia, & a nemine iudicatur. Maynardus de Priuileg. Eccles. Art. 9. n. 1. For so a late writer stiles him, and by that place of Scripture enables him to depose Princes. No • will this serue, but he must be also spirit • alis Princeps; of which we shall hereaf • er haue occasion to speake.

26 And as a cunning Artificer can produce greater effects, vpon matter conueniently dispos'd thereunto, then nature could haue done, (as a Statuarie can make an Image, which the Timber and the Axe could neuer haue ef • ected without him: And as the Magicians in Egypt could make liuing Creatures, by applying and suggesting Passiue things to Actiue, which would neuer haue met, but by their mediation:) So, after this Soule is entred into this Body, this spirituall Iurisdiction into this temporall, it produces such effects, as neither pow • r alone could worke, nor they naturally would vnite and combine themselues to that end, if they were not thus compressed, and throng'd together like wind in a Caue. Such are the thunders of vniust Excommunications, and the great Earthquakes of trans • er • ing Kingdomes.

27 And these vsurpations of your Priests haue deseru'd, that that stygmaticall note should still l • e vpon them, which your Canons retaine, Dist. 50. Et Purgabit. glos. verb. Domo. That all euill proceedes from Priests. For though Index. Expur. Belg. fol. 306. Manriqe whom Sixtus the fift employ'd, had remooued that glosse, yet Faber to whom Gregorie the thirteenth committed the suruey of the Canons, re • aines it still.24. q. 3. Transferunt. And (if the Text be of better credit then the glosse) the Text hath auerred Saint Hieromes words, That searching ancient Histories, he cannot find, that any did rent the Church • and seduce the people from the house of God, but those which were placed by God, as Priests, and Prophets, that is, Ouersee • s; for these are turnd into winding Snares, and lay scandals in euery place.

28 Euen the Name of King, presents vs an argument of pure, and absolute, and independant Authori • ie • for it e • presses immediatly, and radically his Office of gouerning, wher • s the name of Bishop hath a metaphorica • l, and similitudinarie deriuation, and being before Christianitie applied to Officers, which had the ouerseeing of others, but yet with relation to Superiours, to whom they were to giue an account, deuolu'd conueniently vpon such Prelates, as had the ouerseeing of the inferiour Clergie, but yet gaue them no acquitance and discharge of their dueties to the Prince.

29 And God hath dignified many races of Kings, with many markes and impressions of his power. For by such an influence, and infusion, our kings cure a di • ease by touch, and so doe the French Kings worke vpon the same infirmitie. And it is said that the kings of Spaine cure all Daemoniaque and possessed persons. Valdesius de Digni •• te regum Hispa c. 16. And if it bee thought greater, that the Pope cures spirituall Leprosies, and lamenesses of sinne, his Office therein is but accessorie and subsequent; and after an Angel hath troubled our waters, and put vs into the Poole, that is, after we are troubled and anguished for our sinnes, and after we haue washed our selues often in the riuer Iordan, in our tea • es, and in our Sauiours blood vpon the Crosse, and in the Sacrament, then is his Office to distinguish betweene Leaper and Leaper, and pronounce who is clensed: which all his Priests could doe as well as he, if he did not Monopolize our sinnes by reseruations.

30 And this is as much as seemes to me needfull to bee said of their auiling Magistracy, in respect of Priesthood: for, for vs priuate men it must content vs, Ioan. de Lapide • Casus missa • . cap. 6. Ar. 5 §. Quo • un que . to be set one 〈◊〉 higher then dogges; for so they say in their Missall cases, that if any of the consecrated wine fall downe, the Priest or his assistant ought to licke it vp; but if they be not prepar'd, any Lay-man may be admitted to licke it, least the dogge should. And of the comparison of these two great functions • Principality and Priesthood, I will say no more, least the malignity of any mis-interpreter might throw these aspersions, which I lay vppon persons, vpon the Order. And therefore since we haue sufficiently obserued, how neare approaches to Priest hood the Christian Emperours haue iustly made, and thereby seene the iniustice of the Romane Church, in deiecting Princes so farre vnder it: we will now descend to the second way, by which they debase Princes, and derogate from their authority.

31 For it is not onely in comparisons with Priesthood, that the Romane writers diminish secular dignity, but simply and absolutely, when they make the Title and Iurisdiction of a king so smoakie a thing, that it must euaporate and vanish away by any lightning of the popes Breues or censures, except they will all yeeld to build vp his Monarchy, and make him heyre to euery kingdome, as he pretends to be to the Empire: for Azor. par. 2 l. 10. c. 9. §. Caeterum. of that (saith a Iesuite) now there is no more controuersie. Aluares specutr. Dign. ca. 56. nu. 12. And if the electors dissagree in their election, then the election belongs to him. And whether they agree or no, Idem. ca. 16 • nu 15. this forme of Election is to continue but so long, as the Church shall thinke it expedient. And if he had such title to all the rest, that Monarchie might in a vaster proportion extend it selfe, as farre as one limme thereof, the Iacobins, do in Paris: Ren. Choppinus de Iure Monast. l. 1. Tit 1. nu. 15. to whom Philip le longe, gaue a Charter for their dwelling in that Citie, in these wordes: A porta eorum, ad portam Inferni, inclusiue.

32 And how easily and slipperily Princes incurre these censures, may be collected by Nauarrus, who saies, Nauar. Manual. c. 27 nu. 13. It is the Catholique faith, without firm beleefe whereof, no man can be saued; that no Prince can erect or extinguish a benefice without the Pope; and to thinke the contrary (saith he) doth taste of the English Heresie.

33 Scarce any amongst themselues can escape that excommunication Dormant, which they call Bullam Caenoe; in which Nauarrus reckons vp so many hooks, with which it takes hold, that euery honest man, and good subiect with vs now, ought to be affraide, least he haue not incurred it, since all they are within the danger thereof, that adhere to any, who hath bu • offended a Cardinall: of whose safety the popes are growne so carefull, that in the later Decretals it is made treason, euen in a stranger and no sub • ect; In septimo. Tit 4. c. 3. If he haue any kind of knowledge, or coniectu • e of any harme, intended to any of them. Hiero. Gigas de laesa ma. l. 1. And the Emperour himselfe if he abett, or receiue, or fauour, or countenance any that doth, or intends personall harme to a Cardinall, Rubr. 4. q. 5. nu. 10. becomes a traytor. For they are the eldest sonnes of the Church, Ibid. nu. 2. and partake of the Maiesty of their father. Nor are they brethren to any of lesse ranke, but to such, their stile is but vester vti frater, Ante. librum Schultingij • To. 1 as Baronius writes to Schultingius his abbreuiator. And though Bishops and the Emperour swear fidelity to the pope; yet, Vbi supra. n. 6. saies Gigas, the Cardinals doe not take that oa • h, because they are parts of his body, and his owne Bowels.

34 And n • t onely all princes are bound to a reuerend respect of them, but Paris crassus De ceremo. Episcop. li. 2. ca. 42 in solemne processions, the Image of Christ must looke backward, if a Cardinall follow; and God himselfe in the Host, must giue them place: for at the Coronation of the pope, Cerem. Sacrae. cap. de consecrat. fo 36. when they prouide twelue horses for the Pope, and one gentle one for the Host, the dignity of the place being measured by the nearenesse to the Popes person; the Cardinals place is, to ride betweene the Host and the Pope. And in their mysterious passages vpon Ash-wednesday, Par. crass l. 2. c. 43. when the Pope laies the ashes vpon a Cardinall, he saies not to him, as to all others, Memen • o homo, quia Cinis es, but quia puluis es: Intimating perchance, that they are neuer so burnt to ashes, but that the fires of lust or ambition are still aliue in them. To which, I thin • e there was some regard had, when it was so wisely prouided, Idem. l. 5. c. 27 that when a Cardinall did celebrate masse, there might enter no woman, nor man without a beard.

35 Nor doth the Pope improuidently, in aduancing them with these dignities and priuiledges, nor in multiplying their number, so directly against the Councell of Basil, Conc. Basil. Sess 23. cap. de num • . et qualit. Card. which limits them to twentie foure (except, vpon vniting the Greek Church, it might be thought fit to add two more) and forbids expresly any Nephues of the Popes to be admitted. For no excesse in number, Aluares sp • cutr Dig. c. 1.24. n. 15 (though they were returned to two hundred and thirty at once, as they are said to haue beene in Pontianus his time; and though he should pile them vp, and throw them downe, as fast as those Popes which created sixe and twenty in one day, Theod. a Niem. de sc • sm. l. 1, cap 12. & 57. and executed sixe in another) could disaduantage that Sea of Rome, if they might be prouided out of the states of other Princes (as in a great measure they are) since the Church is their heyre, and they are all but stewards for her. Of which the Pope gaue a dangerous instance, when he put in his claime for the kingdome of Portugall, Conestaggio della vnione di port. Et custig. l. 3. in princip. because the last king was a Cardinall. These p • inces, no secular prince may dare to offend, nor subiect adhere to him, if he doe, vpon danger of that Bull: and yet they are made Iudges of the actions of all Princes, R • sp. ad Card. Colum. nu. 31. as Baronius saies; and so oppressed with infinit suits against Princes, that it may be fitly sa • d of them, which Iob saies, Iob. 26, 5. Ecce genuit gigantes sub aquis, & qui habitant cum eis: which wordes the Cardinals will not thanke Baronius for applying to them, if they consider that Lyra interprets this place of Gyants drowned in the flood, and now damn'd and lamenting in hell. But now, a Cardinall cannot chuse but bee a person of great holinesse and integritie, Inseptimo. Tit. 4. ca. 4. since there is a Decretall in a gen • rall Councell, and a Bull of Leo the tenth, which doe not only Hortari, and Mouere, but Statuere, and Ordinare, that euery Cardinal shall be of good life.

36 And as these censures and Excommunications of the Pope, inuolue all causes, so doe they all persons, except the Pope himselfe, and such companie, as the Canons haue appointed him in this e • emption, which are, Nauar. Manu. ca. 27. n. 13. Locusts, • nfid • ls, and the Diuell. For these, and the Pope, sayes Nauarrus, cannot be Excommunicated: Yet as in their exorcismes of persons possessed, it is familiar to them, when the Diuell is stubborne, to call him Menghi. Flagel. Daemo. fo. 42. Heretique, and fo. 79. Excommunicate, so some Popes haue kept him companie in both those titles. And as they cal their Hermits Locusts (because as it is in Salomon, Prou. 30.27. They haue no Kings, yet they goe forth by bands) and accordingly the Hermits are subiect to no Superiour, and in that sense Locusts, as their owne Glosser stiles them:16. q. 1. qui uere. gl • s. verbo. • ere. so may they prodigally extend the name and priuiledge of Ine • communicable Locusts, to many in the other Orders, since as the Hermits haue no kings, so many of the others wish, that none else had any King, and doe their best end • uour by au • ling them, to bring them into contempt, and to an nihilate their dignitie and them.

In Epist. cius ms 37 He that should compare the stile of Thomas Becket to his King (Olim seruus, nunc in Christo Dominus) with that of Dauid, after he knew Saule to be reproued by God, and himselfe anoynted, (After whom is the King of Israel come out? After a dead Dogge, and after a Flea?) Would suspect that this difference of st • le, was not from one Author. Saint Chrisostome notes, that euen to Nabuchonozor, Chrisost. ad Pop. Antioch. Ho. 23. who persecuted them for their faith, they which were condemned, said: Notum sit tibi Rex; and would not offer to the Tyrant, that contumelious name. And to prophane and irreligious Princes, God himselfe in his Bookes, affoords one of his owne names, Christ.

38 What high stiles did many Christian and Orthodoxe Emperours assume to themselues? The Law stiles the Emperour, Dlg. li. 31. Ti. 1. l 87. §. Imperator. Sanctissimum Imperatorem. And his priuiledges, Dig. l. 1. Tit. 4. Le. 3. Diuinas Indulgentias. So Gratian and his Colleagues in the Empire, in the first Law of the Code, call their Cod. l. 1. Tit. 1. L. 1. Motus animi, Caeleste arbitrium. And Theodosius and Valentinian making a Law with a non obstante, preclude all dispensations, which the Emperours themselues might graunt, in these words, Cod. l. 1. Tit. 2. Lc. 10. Si Caeleste proferatur Oraculum, aut Diuina pragmatica Sanctio. So also Theodosius and Arcadius, when they make a Law for dispatch of Suites, begin thus, Cod. l. 1. Tit. 4 L. 3. Nemo deinceps tardiores affatus nostrae Perennitatis expectet. And Iustinian in the inscription of one of his owne Lawes, ins • rts amongst his owne Ti • les, Cod l. 1. Tit. 15 Le. 3. S • mper Adorandus Augustus. And in a Lawe of Monasteriall, and Matrimoniall causes, (which are now onely of spirituall Iurisdiction) he threatens, that if any Bishop infringe that Law, Cod. l. 1. Tit. 3. L. 55 §. His ita. Quam nostra sanxit Aeternitas Capitis supplicio ferietur. In which stile also Theodosius and Arcadius ioyne, Cod. l. 11. Tit. 9. l. 2. Adoraturus aeternitat • m vestr • m di • igatur. And an other proceedes somewhat further, Cod l. 1. Tit. 2. Leg. 8. Beneficio numinis nostri. And Theodosius, and Valentinian deliuer it more plainely, Cod. l. 1. Tit. 1. L. 3. Vt sciant omnes, quantum nostra Diuinitas auersatur Nestorium; and so in fauour of the puritie and integritie of Christian Religion, in contemplation whereof, it seemes they were Religiously exercised, euen at that time, when hee assum'd these high st • les, they proceede in the same Law, We anathematize all Nestorius followers, according to those things which are already constituted A Diuinitate nostra. And Constantius, and Irene write themselues Di • os; and the • r owne Acts, Diualia • And this, Pope Adrian, to whom they writ, r • prehended not; Carol Mag. l. 1. c 1. & 3. but the Emperour Charles did, and another phrase of as much exorbitance, which was, Deus qui nobis conregnat.

39 The highest that I haue obser • ed any of our Kings to haue vsed, Glouer de Nobilit. fol. 75. is in Edward the fourth, who in his creation of Marques Dor • e • , speakes thus of himselfe, Cum n • stra Maiestas, ad Regium Culmen subl •• ata existat; and after, Tantum sp • endoris nostri nomen. Cassanaeus catal Glor. par. 5. consid. 30. But a little before his time Baldus gaue as much to the king of France, as euer any had; Alu • res specul. vtri Dign. Epist. ad Mariam for he said he was in his kingdome, Quidam Corporalis Deus. And in our present age, a Roman Author in a Dedication of his booke, thus salutes our Queene Mary: because your Highnesse is the strongest bul-warke of the Faith, Tua N • mina supplex posco; Oratio Coesarij a Branhed • ro in subscriptione. which is also at • ributed to the Emperour in a late Oration to him, and to other Princes. And in some Funerall Monuments of Queene Maries time, I haue read this inscription; Di • is Philippo & Maria Regibus, Bell. R • cogn. fo. 2. which word Di • us, Bellarmine values at so high a rate, that he repents to haue bestowed it vpon any of the Saints; and therefo • e in his la • e Recognition blots it out: which tendernesse in him, another Ies • ite since disallowes, and iustifies the vse of the worde against Bellarmines squeamish abstinence; S • rarius litaneuticus. l. 2. q. 6 because the worde, saies Se • arius, may be vsed aswel as temple or as fortune, which are also Ethnique wordes. But by his leaue he is too hasty with the Cardinall, who do • h not refuse the word, because the Ethniques vsed it, but because they appointed it onely to their Gods; Bellarmine insimulates al them, which allow that worde to Saints, of making Saints Gods.

40 And though in some of these Ti • les of great excesse, which these Emp • rous ass ••• 'd to themselues; we may easily discerne some impressions of Gentilisme, which they retain'd sometimes, after Christian Religion had receiued roote amongst them; as they did also their Gladiatorie spectacles, and other wastefull prodigalities of mens liues; and Bondage and seruility, and some other such: yet neither in them, nor in other Princes, is the danger so great, if they should continue in them, as it is in the Bishoppes of Rome. For Princes, by assuming these Titles, do but draw men to a iust reuerence, and estimation of that power, which subiects naturally know to be in them: but the other, by these Titles seeke to build vp, and establish a power, which was euer litigious and controuerted, either by other Patriarchs, or by the Emperours: for Bellarmine hauing vndertaken to proue the Pope, De Pont. Ro. li. 2. c. 12. to be Peters successor in the Ecclesiastique Monarchy (which Monarchy it selfe is denyed, and not onely the popes right to it) labors to proue this assumption, by the fifteene great names, Ibid. ca. 3 • . which are attributed to the Popes.

41 And the farthest mischiefe, which by this excesse Princes could stray into, or subiects suffer, is a deuiation into Tyranny, and an ordinary vse of an extraordinary power and prerogatiue, and so making subiects slaues, and (as the Lawyers say) Personas Res. But by the magni • ying of the Bishoppe of Rome with these Titles, our religion degenerates into superstition; which is a worse danger: and besides our temporall fortunes suffer as much danger and detriment, as in the other; for P • inces by their lawes worke onely vpon the faculties and powers of the soule, and by reward and punishment, they encline or auert our dispositions to a loue or feare. But those Bishopps pretend a power vpon the substance of our soules, which must be in their disposition, for her condition and state in the next life. And therefore to such as claime such a power, it is more dangerous to allow and countenance any such Titles, as participate in any significa • ion of Diuinity.

42 For since they make their Tribunall and Consistory the same with Christ, since they say Epist. • ij 2. ad Norinbergenses It is Heresie and Treason to decline the Popes iudgement, per ludibria friuolarum Appellationum, ad futurum Concilium, as one Pope saies; since they teach, Maynardus De priuileg. Eccles. art. 27. n 15 that one may not appeale from the Pope to God himselfe; Par. Crassus de Ceremo. Episcop. & Card. l. 1 c. 5 & cap. 22. since they direct vs to bow at the name of Iesus, and at the name of the Pope, but not at the name of Christ; for that being the name of Annointed, it might induce a reuerence to Princes (who partake that name) if they should bow to that name; since they esteeme their lawes Diuine, not as Princes doe, by reason of the power of God inherent in all iust lawes, and by reason of the common matter and subiect of all such lawes (which is publique vtility and generall good) but because their lawes are in particular dictated by the holy Ghost, and therefore it is Blaspemy and sinne against the holy Ghost to violate any of them;25. q. 1. violatores. since themselues make this difference betweene the name of God, as it is giuen to Princes, and as it is giuen to them: that Princes are called Dij laicorum, and they Dij principum; since to proue this, Maynard • de priuileg. Eccles. ar. 14. nu. 1 they assume a power aboue God, to put a new sense into his word, which they doe, when they proue this assertion out of these words in Exodus; Dijs non detra • es, & principi populi non maledices, Exo. 22 for by the first, they say, the popes are vnderstood, and by the second princes; when as Saint Paul himselfe applies the latter part to the high priest, and their expositor Lyra, Act. 23.5. Lyra in • unc locum & Eman. Sâ. and the Iesuite Sâ, interpret the first part of this Scripture of Iudges: Since, I say, they entend worse ends then Princes doe, in accepting or assuming like Titles; and since they worke vpon a more dangerous and corruptible subiect, which is the Conscience and Religion; since they require a stronger assurance in vs by faith; since they threaten greater penalties in any which doubt thereof, which is damnation; the popes cannot be so excuseable in this excesse as princes may be. And yet princes neuer went so farre as the popes haue done, as we shall see, when we come to consider the title and power of spirituall princes.

All this I say, not to encourage princes to returne to those stiles, which Christian humilitie hath made them dis-accustome, and leaue off, and which could not be reassum'd without much scandall, but to shew the iniquitie and peruersnesse of those men, who thinke great Titles belong to Kings, not as Kings, but as Papisticall Kings.

43 For so at a Consultation of Iesuites in the Tower, in the late Queenes time, I saw it resolued, that in a Petition to bee exhibited to her, shee might not be stiled Sacred. Serarius Litaneutic. l. 2. q. 4. n. 4. Though one of their owne Order haue obserued that attribute to bee so cheape, that it was vsuall to say, Sancti Patres conscripti, and Sacratissimi Quirites, and Sanctissimi Milites. And our English Iesuites vse to aggrauate her defection much, by that circumstance, that shee had beene Consecrated, and pontifically Anoynted, and inuested at her Coronation, and therefore was Sacred.

44 How great a detestation they had of her Honour, and of all Princes which professe the same Religion that shee did, appeares in no one such thing more, then in Quirogaes expurgatorie Index, where admitting all the reprochfull calumnies of Eunapius against Martyrs, Index Expurg. Hispan. fo. 92. whose reliques he cals Salita Capita, with other opprobrious contumelies, they haue onely expunged an Epistle of Iunius to her, in which there was no words concerning Religion, but onely a gratulation of her Peace, and of her Learning; which also they haue done in Serranus his Edition of Plato. Ibid. fol. 150. And as God hath continued his fauours showen to her, vpon her successour, so haue they their malice: For in the second Tome of that worke, Ibid. fol. 151. they haue taken away an Epistle Dedicatorie to his Maiestie, that now is.

45 And as in many of their Rules, for that Dissection and Anatomising of Authours, they haue prouided that all Religion, and all prophane knowledge shall depend vpon their will: So haue they made a good offer, that all cariage of State businesse shall bee open to them, Instruct. circa. lib. corrig. §. 10. by expunging all such sentences, as instructor remember Princes, in that learning, which those Rules cals Rationem status, and which (because Italians haue beene most conuersant therein) is vulgarly called Ragion di stato. For this Ragion di stato, is, as the Lawyers call it, Ius Dominationis; And as others call it, Arcana Imperij. And it pretends no farther but to teach, by what meanes a Prince, or any Soueraigne state, may best exercise that power which is in them, and giue least offence to the Subiects, and yet preserue the right and dignitie of that power.

46 For it is impossible, that any Prince should proceede in all causes & occurrences, by a downright Execution of his Lawes: And he shall certainely be frustrated of many iust and lawfull ends, if he discouer the way by which he goes to them. And therefore these disguisings, and auerting of others from discerning them, are so necessarie, that though, In Genere rei, they seeme to be within the compasse of deceite and falshood, yet the end, which is, maintenance of lawfull Authoritie, for the publike good, iustifies them so well, that the Lawyers abhorre not • o giue them the same definition (with that Addition of publike good) which they doe to deceit it selfe. For they define Ragion di stato to be, Cumaliud agitur, aliud simulatur, bono publico.

Soto de teg. secret. memb. 3. q. 3 Ad tertium. 47 And the Romane Authors doe not onely teach, that deceit is not Intrinsecè malum, but vpon that ground and foundation, they build Equiuocation, which is like a Tower of Babel, both because thereby they get aboue all earthly Magistracie, and because therein no men can vnderstand one another. Nor can there be a better example giuen of the vse of this Ragion di stato, then their forbidding it • Because nothing conduces more to the aduancing of their strength, then that Princes should not know, or not vse their owne, or proceede by any wayes remou'd from their discernings. Indeed those bookes of Expurgation, are nothing else but Ragion di stato: That is, a disguised and dissembled way, of preferring their double Monarchie. And they that fordid Princes the lawfull vse of these Arcana Imperij, practise for their owne ends, euen Flagitia Imperij, which are the same things, when they exceede their true endes (which are iust authority, and the publique good) or their lawfull waies to those ends, which should euer be within the compasse of vertue, and religion.

48 Of which sort are all those enormous dispensations from Rome, which no interpretation nor pretence can iustifie • as (to omit some sacrilegious and too immodest licenses) that of Gregory the third is one, who writ to Boniface his Legate in Germany, Carranza Sum. Concil. fo. 353. that they, whose wiues being ouertaken with any infirmity, would not reddere Debitum, might marry other wiues: which Binius hath wisely left out.

49 But they are in these expurgations iniurious also to the memorie of dead princes: for Hispanic. Ind. fo. 148. they will not admit our k. Edward the sixt, to be said to be Admirandae indolis, nor the Duke of Ibid • m. Wittenberg praeclarus. They will not allow Idem. fo. 93. Vlrichus Huttenus to be called A learned Knight: no, Id. fo. 148. neither him, nor Oebanus Hessus to be so much as good poets. But with the same circumspection, that the Ind. Belg. • o. 146 Belgique Index could add to Borrhaeus writing vppon Aristotles politiques, in this sentence, Religionis cura semper pertinuit ad principes, this clause, & Sacerdotem; the Ind. Hisp. fo. 158. Spanish Index dooth mutilate Velcurio vpon Liuy, and from this sentence (the fift age was decrepite vnder the Popes and Emperours) takes out the Popes, and leaues the Emperours obnoxious to the whole imputation. And as with extreame curious malignity, they haue watched that none of our side be celebrated, so haue they spied some inuisible dangers, which the Popes honor might incurre: and therfore as the Fol. 93. Spanish Copie, hath before Luthers name expunged the letter D, least it might intimate Doctor, or Diuus; so the Fo. 154. Duch Copie, hauing found nothing to quarrel at in Schonerus the Mathematician, expunges in many places a great D. at beginning of Diuisions, because in it (as ordinarily those great initiall letters, haue some figure) there is imprinted the popes head, and by it the diuell, presenting him a Bull.

50 But this inhumanity of theirs hath not deterr'd Thuanus from his ingenuity, in giuing to all those learned men, whom he hath occasion to mention, the attributes an • epithetes due to their vertues, though they be of a diuers perswasion in Religion from himselfe: But those other men, who in a proude humility will say brother Thiefe, and brother Wolfe, Sedulius Apol. pro. lib. Conform l. 1. c. 12. & l. 3. c. 28 and brother Asse, (as Saint Francis (perchance not vn-prophetically) is said to haue done) will admit no fraternity nor fellowshippe with Princes.

51 And though the Iesuites by the aduantage of their fourth Supernumerary vow, of sustaining the Papacy, by obeying the Popes will; seeme to haue gone further herein then the rest, yet the last Order erected by Philip Nerius, Congregatio Oratorij. which was saide to haue beene purposed to eneruate the Iesuites; and by a continual preaching the liues of Saints, and the Ecclesiastique story, to counterpoise with deuotion, the Iesuites secular and actiue learning, though they set out late, haue aemulously endeuoured to ouertake the Iesuites themselues in this doct • ine of auiling Princes: Bozius For Bozius hath made all Princes Tributary or Feudatary to the Pope, if not of worse condition. Gallonius de Cruciat. Martyrum. And Gallonius seemes to haue vndertaken the History of the persecutions in the Primitiue Church, onely to haue occasion by comparison thereof, to defame and reproach the lawes, and Gouernement of our late Queene.

52 But Baronius more then any other exceeds in this point, for obeying his owne scope and first purpose to aduance the Sea of Rome, he spares not the most obedient childe of that mother, the Catholique King of Spaine: for, speaking of the Title which that King hath to the Kingdome of Sicily, Baron. Annal. To. 11. Ann. 1097. n. 18 he imputes thus much to Charles the fift, that being possessed with employments of the fielde, hee gaue way to an Edict, by which, Grande piaculum perpetratur against the Apostolique authority and al Ecclesiastqiue lawes were vtterly dissipated: And that hee ioyned together temporall and spirituall iurisdiction • and pretended a power to excommunicate and to absolue euen Cardinals, Nu 28 and the Pop • s Nuncioes, and so, saies he, hath raised another Head of the Church, pro monstro, & ostento. He addes with extreame intemperance, that this claime to that Kingdome was buried a while, Nu 87. but reuiued againe by Tyrannicall force, by violent grassation, and by the robbery of Princes, who commaunded that to be obeyed as reasonable, which they had extorted by Tyranny. And least hee should not seeme to extend his bitternes to the present time, he saies, Nu. 88. those Princes which hold Sicily by the same reasons, doe imitate those tyrants. And so he imputes vppon all the later kings of Spaine, as much vsupation of Ecclesiastique Iurisdiction, and as monstrous a Title of head of the Church, as euer their malice degorged vppon our king Henrie the eight.

53 And though in some passages of that history, he hath left some wayes to escape, Card. Colum. fo. 158. paris. by laying those imputations rather vpon the kings officers then vpon • he king, yet that Cardinall who hath censured that part of his worke, espies his workemanshippe and arte of deceiuing, and therefore tels him, that he hath inuayd against Monarchy it selfe, and all defenders thereof; and that as many, and as great things might be spoken against him • Nor doth Baronius repent that, which hee hath spoken of those kings, but in his answere to this Cardinall; he saies, that if the King were impeccable, if he were an Angell, if he were God himselfe, yet he is subiect to iust reproofe. Nu. 19. And in his Epistle to Phil. 3. in excuse of himselfe, though hee seeme to spare the present king, yet it is (as he professes) because he hopes that he will relinguish that Iurisdiction in Sicily; els he is subiect to all those reproofs & reproches, which Baro. hath laid vpon his father and Grandfather.

54 And though this were a great excesse in Baronius, to lay such aspersions vpon those Princes, yet his malice appeares to bee more generall; for the reason why he makes this pretence so intollerable, Nu. 28. is, because thereby (saies he) that King becomes a Monarch; and there can be no other Monarch in the world, Nu. 31. then the Pope; and therefore that name must be cutte off, least by this example it should propagate, and a whole wood of monarchs should grow vp, to the perpetuall infamy of the Primacy of the Church. And so this care of his, that no Monarches be admitted, implies his confession, that they which are Monarches haue right in their Dominions, to all that which those kings claime in Sicily, which is as much as our kings exercise in England, (if Baronius do not exceede in his imputation.)

55 But because there is nothing more tender then honour, which as God will giue to none from himselfe, being a iealous God, so neither ought his Vic • gerents to doe; it shall not be an vnseasonable and impertinent, at most, an excuseable and pardonable diuersion, to obserue onely by such impressions, as remaine in the letters betweene the Emperours and Popes, at what times, and vpon what occasions the Clergie of that Sea insulted vpon secular Magistacy; and by what either dilatory circumuentions, or violent irruptions, they are arriued to this enormous contempt of Principality, as of a subordinate instrument of theirs.

56 Before they had much to doe with Emperours, (for they were a long time religiously, and victoriously exercised with suffering) we may obse • ue in Cyprians time, Circa. 240. that he durst speake brotherly and fellowly to that Sea, and intimate the resolu • ions of his Church to that, without asking approbation and strength from thence: for to Pope Stephen, he writes, Stephano fratri; and then Nos qui gubernandae Ecclesiae libram tenemus: Cypr. Epist. 1. ad Steph. and after, Hoc facere te oportet: with many like impressions of equality: But in Fir • ilianus his Epistle to Cyprian, Binius To. 1. fo 191. written in opposition to Stephanus his Epistle; who was growne into some bitternesse against Cyprian, there appeares more liberty: for thus he saies; Though by the inhumanity of Stephen, we haue the better tryall of Cyprians wisedome, we are no more beholden to him for that, then we are to Iudas for our saluation. He addes after, That that Church doth in vaine pretend the authority of the Apostles; since in many sacraments Diuinae rei, it differs from the beginning, and from the Church of Hierusalem, and defames Peter and Paul as Authors thereof. And therefore ( • aies he) I doe iust • y disdaine the open and manifest • oolishnesse of Stephen, by whom the truth of the Christian Rocke is abolished. So roundly and constantly were their first attempts and intrusions resisted, and this not onely by this Aduocate of Cyprian, but euen by himselfe also, in as sharpe words as these, in his Epistle to Pompeius.

57 And for their behauiour to the Empero • s, as long as Zeale and Pouertie restrain'd them, it cannot be doubted, but that they were respectiue enough. The preambulatorie Letters before the Councell of Chalcedon, Anno 451. testifie it well: Where the Letters of the Emperours, Binius To. • i • Princip. yea, of their Wiues, are accepted by the name of Diuales, and Sacrae literae, and Diuinae syllabae. And about the same time, Leo the Pope writing to Leo the Emperour, he sayes; Epist 73. Anno 457. Hanc Paginam necessariae supplicationis adieci; And in the next Epistle but one, Literas Clementiae tuae veneranter accepi, quibus cuperem obedire. So also Felix the third, to Zeno the Emperour, cals himselfe Famulum vestrum, Epist. 2. Circa 527. and such demissions as these; Liceat, venerabilis Imperator, exponere; And, Per mei Ordinis paruitatem audias, are frequent in him. Anno 530. And in Iustinians time, which was presently after, that Church sensible of the vse and neede, which it had of his fauour, so hee would be content to extend to their benefit, prescription, which before was limited in thir • ie yeares, to a hundred, neuer grudged at t • e phrase and language of his Law, Autent. Coll. 2. prefa •• o 〈◊〉 . by which he affoorded the Church that priuiledge, though it were very high; Being willing to illustrate Rome, Lege specialj nostri Numinis, That that Church may eternally by this, remember the prouidence of our Gouernement, we graunt, &c.

58 And Gregorie the first was, out of his wisedome at least, • . 2. Epist. 62. if not Deuotion, as temperate as the rest, when he w • it to the Emperour Maurice, to sweeten and modifie that Law, which forba • some persons to enter into Monasteries; For there he cals himselfe Famulum, and Seruum: And addes this, Whiles I speake thus with my Lords, What am I, but dust and wormes? To. 2. fo. 770. • . And though Binius is loth to pardon him this duetifulnesse, and respect to his Princes, and there • ore sayes, That he protested in the begining of that Letter, that hee spoke not as a Bishop, but Iure priuato, An. 593. n. 17. And so out of Baronius, he sayes, That he plaide another part, as vpon a stage: Yet, if he wore this maske and disguise cleane through the Epistle, then he spoke personately, and dissemblingly, as well with Christ, as with the Emperour, when he sayes: I, the meanest of Christs s • ruants and yours. Nor do I thinke that Binius or Baronius would say, that he spoke personately of the Execution of the Emperours Law, but that hee had truely done as he said: I haue done all which I ought to doe • for I haue both performed my obedience to the Emperor, and I haue vttered that which I thought fit concerning God. And he was wisely careful that his Letter to the Emperour, concerning his opnion of the iniquitie of that Law, should not come to the Emperours inopportunely, nor as from a person of equall ranke to him; and therefore he forbids his own Responsall (for the dignitie of a Nuncio, was not yet in vse) to deliuer it, but sends it to the Emperours Phisitian, because saith he, • . 2. Epist. 65. Theodo. Medico. Vestra Gloria, may secretly, at some conueniet time, offer him this suggestion; And that this Phisitian might be confident in this employment, he assures him of his affection and Allegeance to his Prince, by this Confession, God hath appointed the Emperour to rule, not onely Souldiours (which were the persons forbid in that Law) but also Priests (whose priuileges seem'd to be impayr'd thereby.)

59 With like respect doth one of his successors Vitalian, Epist. 2. An • o. 655. write to Vaanus, who was Cubi • ularius, et Chartularius Imperialis, to mediate & prouide, that a Bishoppe vniustly deposed, might be restored. And to him the Pope affoords this stile, Celsitudo vestra, and addresses the depos'd Bishop, Ad vestra ambulaturum vestigia, and promises that they both shall all the daies of their liues, pray to God for the prosperity, and long liuing Suae excellentissimae Charitatis.

60 And in all this course of time, the Popes, some out of a iust contemplation of their duety, some out of the neede, which they had of the Emperours, from whom they receiued daily some additions to their immunities and exemptions, were agreeable and appliable enough to them. And when Italy suffered a dereliction, by the absence of the Emperours in the East, and thereby was prostituted and exposed to barbarous Inuaders, the Bishoppes of this Citie, which was the fairest marke to inuite the Lumbards and the rest, solicited those Easterne Emperours to their succour, with all sweetnesse and humility; but at last, desperate of such reliefe, casting their eyes vppon the mightiest kingdome of the West, they inuited the French to their succour.

Epist. 2.61 And at this time came from them those lamentable supplications, which Stephen the third sent to Pipin and Carloman: In the first whereof, he vrges them with their promise of certaine lands, by them vowed to the Church: And hauing called them, Dominos excellentissimos, and spiritualem Compatrem, and prepared them with wordes of much sweetenesse, Mellifluam bonitatem, Mellifluos obtutus, and such, hee comes to the point: That which you haue offered to Peter by promise, you ought to deliuer him in profession, least when the Porter of heauen, the Prince of the Apostles, at the daie of iudgement shall shew your hand-writing you be put to make a more strict account with him. So therefore he felt and lamented their slackenes in endowing the Church; yet at that time he would not vndertake to be the Iudge, nor make the Camera Apostolica the Court; but he referres it to Saint Peter, and to the last day, and onely remembers them, That Dominus per meam humilitatem, mediante B. Petro, vos vnxit in reges.

62 The next letter written in the person of the Pope, and all the Romane people, and Romane armie, et omnium in afflictione positorum, is an earnest and violent coniuration; per Deum viuum vos coniuro, Saue vs, most Christian Princes before we perish; the soules of all the Romans hang vpon you, and so forth. And when all this did not effectually stirre them to come, as the letter solicited, Cum nimia festinatione; then came a third letter in the name and person of Saint Peter himselfe, Epist. 4. in this stile: I Peter the Apostle, and by me all the Catholique Romane Church, Head of all the Churches of God, vobis viris excellentissimis. I Peter, exhort you, my adopted Sonnes, to defend that house, where I rest in my flesh: and with me Marie, with great Obligations, Aduises, and Protests, and so forth. And whatsoeuer you shall aske of me, I will giue you. If you doe not performe this, know ye, that by the authoritie of the Apostleshippe giuen me by Christ, you are alienated from the Kingdome of God, and from life euerlasting.

63 And when Stephen the fourth came to that Sea, and tha • the sonnes of these Princes beganne to incline to ally themselues by marriage with the Lombards; the Pope seeing then his whole temporal • ortune at the stake, neglects no way of withdrawing them, from that inclination: hee saies therefore, Saint Peter, by our vnhappines, beseecheth your Excellence: Epist. Steph. 4. ad C • rol. et Ca • lom. An. 831 and then, vouchsafe to bend your eares, inspired by God, to our Petition, and to him whom we haue sent, ad Regale vestrum Culmen. And then, in an inconstant distemper, he threatens, and he promises in St. Peters name, as bitterly, and as liberally, as his predecessor had bid S. Peter himselfe to doe, in the former Epistle.

64 And when these Princes after much entreaty, had deliuered Italy from the infestation of the Lombards, and deuided the profite and spoile with the Church, and that that Sea had reco • ered some breath and heart, then their Bishopps began to reprehend with some bitternesse, the Easterne Emperours: And then came that notorious letter of Nicholas to Michael the Emperour; Nichol. Epist. circa. 874. In which though he stile him, Superatorem Gentium, pr • ssimum filium, Dulcissimum, Tranquillissimum (for as yet hee doubted that he might be necessary to him) yet he cals him also Golias, and himselfe Hymnidicum Dauidem. And part of the quarrell was, because the Emperour had written Insolentia quae • am, cert • ine vnusuall phrases: which were, • ussimus, vt quosdam ad nos mitteretis: for, saies Nicholas, Honorius said to Boniface, Petimus; and other Emp • rours, Inuitamus, and Rogamus, and Constantine and Irene, Rogamus, magis quidem Dominus Deus rogat: which phrase, though Charles the great, at that time, 〈◊〉 1. • 4. when it was written, rep • ehended, and allowed a whole Chapter in his booke for the reproofe thereof, yet not onely that Pope dissembled it, but this drawes it into example and precedent.

65 And in this letter the Pope giues the Emperour some light, that hee is not long to enioy the stile of Romane Emperour; for he hauing despised the Romane tongue as Barbarous, (as euery Prince loues to be saluted in his owne, or in an equall language) the Pope replies: That if hee call the Romane tongue barbarous, because • ee vnderstands it not, it is a ridiculous thing, to call himselfe Romane Emperour.

66 And thus hauing at once receiued and recompensed a benefite, by concurring in the aduancement of the French to the Empire, they kept good hold vpon that Kingdome, by continuall correspondencies, and by interceding with those Kings, for p • rdons and fauours, when any delinquents fled ouer to them, and by aduising them in all emergent causes, and by doing them many seruices in Italy, and so establishing the Empire in that family, vpon good conditions to them both. For so Iohn the eight writes to Charles, as well to refresh his benefit in his memorie, as the reasons that moued him to conferre it. Well knowes your Kingly Highnesse, Epist. 216. that I was desirous a long time, for the profit and exaltation of the Apostolicke Sea, to bring you Ad Culmen Imperij. And as we with all our endeuour, haue desired to giue perfection to your Honour and glorie, you also must performe those things, which are profitable to the vtiliti • and exalt • tion of that Seate. And there he addes, That for Conference about that, he came to meete him at Rauenna, leauing his owne Church in the cruell hands of enemies. And in the next Epistle, he sends to the same purpose his Nephew Faru • fus, Epist. 217. Deliciosum consiliarium nostrum; Becau • e, sa • es he in anoth • r place, We desire greedily to accomplish this. And yet at this very time, Epist. 230. for his better indemnitie, hee practis'd with the Esterne Emperour, and kept faire quarter with him also, as appeares by his Letter to him.

Epist. 251.67 Hauing thus establish'd a stronger reputation, and laide earnest Oblig • tions vpon France, and by example and authoritie thereof, in other places also, they beganne to feele their st • ength, and to draw their swords as farre as they would goe, which was to excommunication, euen in France it selfe.

68 But because in the excommunications issuing in • hese times, and in the ti • es betweene this, and Gregory the seuenth, and perchance in some b • fore this time, there is found often mention of p • nishment after e • communication • whi • h hath occasioned some to erre in an opinion, that besides spi • ituall c • nsures, temporall penalties were al • o inflicted vpon p • iuate persons, and consequently eradication vpon Princes, we w •• l arrest, and stay a little vppon the stile and phrase of some of those excommunications, by which it wil appeare, that they intended nothing but spirituall punishment.

69 The first which I haue obserued, is a letter of Innocent the first, Epist. 30. to Arcadius the Emperour, whom he thought guilty of the eiecting & of the death of Chrysostome: His words are; Ego minimus & peccator, segrego te a perceptione mysteriorum Christi. This then went no farther then to depriue him of spirituall foode, and the Pope (if tha • Epistle be genuine) was very hasty in it; for the Emp • rour discharged himselfe presently, by pleading ignorance of the fact; which that Bishoppe ought to haue tried, before hee had proc • eded to excommunic • tion. Chrysostome himselfe, whose quarrell it was, De verb. Esaiae. Hom. 4 To. 1. • o. 207. had taught s • fficiently the limits of that iurisdict •• n; for he said, When the Pri • st had reprehended Ozias, De spreto Sacerdotio, he could doe no more; for it is his part onely to reprooue, and to perswade, not to stirre warre: and he addes, that God himselfe (to whom onely it belongs to punish so) inflicted a leprosie vpon the King, in which (saies he) we see Humanitatem Diuinae ultionis, who sent not lightning, nor shaked the earth, nor moued the Heauens: So farre was Chrysostome from counsayling any such punishment, as should be accompanied with tumult.

70 And so a iust estimation, and true vnderstanding of their liberties, in Ecclesiastique causes, were the Fathers in the Councell at Ephesus arriued, Binius To. 1. • ol. 803. when in that Synodicall Letter to the Emperour, which they call, Libellum supplicem, they make this protestation, The scope of our profession prouides, that we be obedient to all Princes and Potentates, as long as that obedience brings no detriment to our Soul •• health; but if it come to that, we must dare to vse our libertie, Aduersus Regium fastigium. And how farre, may this courage and libertie carie vs, if the Prince command any thing in detriment of our soule? As farre, as tho • e Fathers durst aduenture vpon that ground, which they expressed thus to the Emperour, If you approue the banishment of C • rill and Memnon, which were banished by persons Excommunicate, then know you, that we are ready, with that alacritie which becomes Christians, to vndergoe any danger with them, that is, to suffer as they goe.

71 But about this time of Iohn 8. it was very frequent, that Excommunications had a farther comminatorie clause. Ep • st. 123. For so, against a Bastard of Lotharius, who had broke an Oath made to a French King, he sayes, VVe depriue him of all Christian Comunion, Ep • st. 165. L • i •• es • ido. and if he perseuer, let him know, that Anathematis vinculis innodabitur. So to an Earle and h • s Lady, which had seduced a Nunne from her profession, • e sayes, We seperate them from the body and blood, and all fellowship with Christians, and if they neglect to restore her, Anathemate innodamus. So in the next Epistle he threatens a Bishop, Epist. 166. V • iberto. that refus'd to come to him, Know that you are to be Excommunicate, and if you perseuer, A Communione alienandus. And against another Bishop, and his whole charge he pronounces Priuation from the Communion, seperation from the Church, and except they conuert, Maioris damnationis sententiam, and with such as these, his time abounds.

72 And his predecessour Adrian the second, Epist. 18. had gone thus farre towards the King of France, when hee attempted to inuade his Brothers Dominion, VVe admonish you, by our Apostolique Authoritie, and by all spirituall meanes, which we may vse, we perswade you, and in a Fatherly effection command you to forbeare; els • , we will performe t • at which belongs to out Ministerie. Epist. 24. But in another letter to his Nobles, he threatens them, That if they aide the Father to warre against the Sonne, who was then in his displeasure, They shall not onely be enwrapp'd in the bands of Excōmunication, but cast into hell, Vinculis Anathema • is. And this Iohn the eight, Ep • st 28. at the same time when he alowes him all due attributes, & desires him to incline his sacredeares to him, Epist. 42. threatens Charles himself, that if he restore not certain things, taken from a Nunnerie, by a certaine day, He should bee Excommunicate till restitution, and if, being thus lightly touch • d, he repented not, Durioribus verberibus erudie • dus erat.

73 So that whether this farther punishment were no other, then that which is now called excommunicatio Maior, or that which is called in the Canons Anathema maranatha, the denouncing of which, and the absoluing from it, was acted with many • ormalities,21. q. 3. cum aliquis. and solemnities, and had many ingredients, of burning tapers, and diuers others, to which none could be subiected without the knowledge of the Arch-Bishoppe,11. q. 3. Nemo. it appeares that it now here extends to temporall punishment, or forfaitures and confiscations.

Anno 1063.74 Of which there appeares to me no euidence, no discernable impression, no iust suspition, till Gregory the seuenths time: And then, as it may well be said of Phalaris his letters, that they were al writ for execution, and of Brutus his letters, that they were all Priuy Seales for money: so may wee • ay of Gregories iudging, by the frequency thereo • , that they were all cholerique excommunications; and that with Postscripts worse then the body of the letter; which were Confiscations, neuer found in his predecessors, which should haue beene his precedents.

75 And for this large and new addition of Eradication, I. 2. Ep. 5. hee first threatned it to the Fench King, and then practised it effectually vpon the Emperour. To the Bishoppes of France he writes, That their King Philip is not to be called King, but a Tyrant, which by perswasion of the Diuel is become the cause and the head of all mischiefe: Therefore (saies he) all you must endeauour to bow him. (And thus farre his Pastorall care might binde him) And to shew him, that he cannot escape the sword of Apostolique animadu • rsion (and thus farre his iealousie of his spiritual Primacy might excuse him.) But when he adds, Depart from communion with him, and obedience to him, forbid Diuine Seruice throughout all France, and if he repent not, we will attempt to take the Kingdome from his possession they are wordes of Babel, Li. 2. Ep. 18. which no man at that time vnderstood: yet he writes in the same tenour to the Earle of Poicton, That if the king perseuere, both he and all which giue any obedience to him, shall be sequestred from the communion of the Church, by a Councell to be held at Rome. So assuredly, and confidently could hee pronounce before hand of a future determination in a Councell there.

76 And of his owne seuerity, vsed towards the Emperour, whom vpon seuere penances hee had resumed • nto the Church, he blushes not to m • ke an Historical Narration, to the Bishops and Princes of Germany, thus: He stood three daies before the gate, despoiled of all Kingly ornaments, miserable and barefoo • e; till all men wondred at the vnaccustomed hardnesse of our minds. And some cryed out that this was not the grauity of Apostolique seuerity, but almost the cruelty of Tyrannique sauagenesse.

77 And when Rodulphus whom he had set Li. 4. Ep. 12. vp against the Emperour, Lib. 9. • p. 3. was dead, seeing now, as himselfe confesses, almost all the Italians enclin'd to admit the Emperour Henry, euen they whom he trusted most (for so he saies, • ene omnes nostri fideles) he protesteth that Rodolphus was made without his consent, Li. 9. Ep. 28. Ab vltramont • nis, and that he went to depose him, and to call those Bishops to account which adhered to him • And then he writes to certaine Prelates, L. 9. Ep. 3. to slacken the Election of a new Emperour, and giues instruction what kind of person hee would haue to bee elected; One which should be obedient, humbly deuout, and profitable to the Church: and that would take an oath to doe any thing which the Pope would commaund him, in these wordes: Per veram obedientiam; and that hee would be made a Knight of Saint Peter, and of the Pope.

78 But although many watchfull and curious men of our Church, and many ingenious of the Romane, haue obse • ued many enormous vsurpations, and odious intemperances in this tempestuous Pope Gregory the seuenth, and amongst them, almost anatomiz'd euery limme of his Story; yet it may bee lawfull for mee, to draw into obseruation, and short discourse, two points thereof, perchance not altogether for their vnworthines, pretermitted by others: Of which the first shall be the forme of the excommunication against Henry, because by that it will appeare what authority hee claimed ouer Princes: And the other • ha •• be • is lette • • o a Bishop, w • o desired to draw from him, some rea • ons by which he might defend that which the Pope h • d done; because by that it will appeare, vpon what foundations he grounded th • s prete • ce and author • ty.

79 The excōmunica • ion is thus deliuered; Con • tradico ei, Binius. To. 3. fo. 1282. A. I denie him the gouernment of al the kingdom of Germany, & of Italy: and I absolue all Christians, frō the band of the oth, which they haue made to him, or shall make: and I forbid any man to serue him as his king: for it is fit, that he which endeuors to diminish the honor of the Church • should loose his owne honour. And because he hath contemned to obey as a Christian, participating with excommunicated persons, and despising my admonitions, and seperating himselfe from the Church, I tie him, in vinculo Anathematis.

By which we see, that he beginnes with Confiscation: And because it had neuer beene heard, that the Popes authority extended beyond Excommunication, therefore hee makes Deposition a lesse punishment then that, and naturally to precede it: for he makes this to bee reason enough, why he should forfait his dignity, because he attempted to dim • nish the Dignity of the Church: But for his Disobedience to the Chu • ch and him, he inflicts Excommunication as the greater, and g • eatest punishment which he could lay vpon him. And it is of dangerous c • nsequence, if Excommunication b • of so high a nature, and of so vast an ex • ent, that wheresoeuer it is iustly inflicted, that presupposes Confiscation and Deposition.

80 And another dangerous preiudice to the safet • e of all Princes, ariseth out of this p • ecedent, which is, that hee absolues the Subiects of all Oathes of Alleageance, which they shall make after that Denunciation: For if his successor that now gouernes, shall be pleased to doe the same in England at this time, and so giue his partie here such leaue to take the Oath of Alleageance; doth he not thereby vtte • ly frustrate and annihilate all that, which the indulgence of a mercifull Prince, and the watchfulnesse of a diligent Parliament, haue done for the Princes safety, and for distinction betweene trayterous and obedient subiects? Yet both this Deposition, and this Absolution of subiects and this Interdiction were all heaped, and amass'd vpon a Catholique Prince, before the excommunication it selfe, or any other fault intimated the d • minishing of the honour of that Church, •• . S. Sp. 21. Episco. Met • nti and participating with excommunicated persons.

81 And now we may discend to the suruay of that letter, which he writes to a Bishoppe, who desired to haue something written by him, wherby he might be help'd and arm'd against such as de • yed that by the authority of that Sea, he could excommunicate that Prince, or absolue his subiects. First therefore he saies, That there are manie, and most certaine Documents in the Scriptures to that purpose, of which hee cites, 〈◊〉 which are ordinarily offered, as Tu es Petrus, and Tibi dabo Claues, and Quodcunqe ligaue • is: and then he askes, Whether Kings be excepted? But, Kings are not excepted; but this proceeding against Kings is excepted: That is, it is not included in that Commission, as hath beene enough and enough proued by many.

82 Then followes that t • stimony of Gelasius a Pope, That Priest-hood is aboue Principality, and that the Bishoppe of Rome is the chiefe Priest, If wee allow both Testem, & Testimonium, yet the c • use is safe; he may be • boue all, in some functions, yet not in temporall.

83 His next authority, is Iulius, another Pope, who expounding the wordes, Tibi dabo Claues, to certaine Easterne Bisho • pes, saies, Shall not • e that opens heauen, iudge of the earth? But this dooth as much destroy all Iudicature and all Magistracy, as iustifie the deposing of • ings.

84 After this, he cites (though not as Gregories words are) a priuiledge graunted by Gregory the fi • st, to a Monasterie and depriuation from secular dignity, and excommunications to any that in • ringe that priuiledge. And this priuiledge Bellarmine also produces, to proue the Popes soueraignty in tempo • all mat • ers. It is the pr • uiledge of the Monastery of S. Medard, De Ponti • l. 1. c. 7. §. Quar •• m which is in Gregories Epistle: and it is cyted by this other Gregory, L. 2. post. Ep 38. it makes deposition the lesser punishment, and to precede excommunication, for he sayes; That Gregory though a milde Doctor, did not onely depose, but excommunicate the transgressors: But both this Pope that cytes it, deceiues vs, by putting in the word Decreuit, as though this had the solemnities of a Popes Decree, which presumes an infallibility, and Bellarmine deceiues vs, by mutilating the sentence, and ending at that word Honore priuetur: for he that reads the whole sentence, shall see, that all this Decree of Deposition and Excommunication, was no more then a comminatory imprecation, to testifie earnestly the Founders affection to haue those priuiledges obserued, and deterre men from violating thereof; as the vehemence and insolent phrase of the Instrument do intimate, by a bitternes vnvsuall in medicinall excommunications: For all the curses due to Heretiques; and all the torments which Iudas endures are imprecated vpon him; & it is subscribed not only by Gregory, with 30. Bishops, but by a King and a Queene, no competent Iudges (in this Gregories opiniō) of faults punishable by excōmunication.

Li. 11. Ep. 10.85 And the same Pope in erecting of an Hospitall, and endowing it with some immunities, vses the same language, that the infringers thereof, should loose all their power, and honour, and dignity, and after be excōmunicate; and yet this is neuer produced, nor vnderstood to confirme his temporall soueraignty.

〈◊〉 . 96. Constantinus. 86 The Donation of Constantine, which was not much lesse then 300. yeare be • ore this, end in like words: If any man violate this Donation, let him be eternally condemned, let him finde Peter and Paul in this life, and in the next his enemies, and le • him perish with the Diuell and al the reprobate, burning in Inferno inferiore. And wil they from this argue in Constantine a power, to open and shut hel gates? And will they endanger al those Catholique authors to this eternall damnation, which haue violated this Donation of Constantine by publique bookes?

87 And • uch a Commination as this of Greg • ry appeares in a Canon of the first Councell at Paris, An. 553. ca. 5 Sumna Carranze. not long before his, where it is threatned, that whoso • uer shall • eceiue a person suspended from the Communion, himself shal be seperated A concordia fratrum, and (as we hope, or trust) shall sustaine the wrath of the eternall iudge for • uer. And (not to insist long vpon examples of such imprecations) about 160 yeare after Gregory, Paulus 1. erecting a Monastery in his owne house, ma • es this Constitution; Baron. • Annal. To. 9 fo. 319. Anno 761. If any of the Popes, our successors, or any mighty or Inferiour person, of what dignity soeuer, alien any of these things, let him know, that he is anathematiz'd by Christ and Peter, and estr • nged from the Kingdome of God: and that he shall giue an account thereof to the Saints, in the day of iudgement: For (sayeth hee) I desire the Iudge himselfe, that hee will cast vppon them the wrath of his power, that their life may bee laborious and mournefull, and they may die consuming, and may bee burnt eternally with Iudas, in hell fire, in voragine chao • And that they that obserue this Constitution, may enioy all blessednes at the right hand of God.

88 And when in the behalfe of the Kings of Spaine, the same argument is made for them, that because there are many Diplomes extant in Sicily, by which the Kings Anathematise in • ring • rs of their Constitutions, that therefore they exe • cised Spirituall Iurisdiction: Vbi supra. Baronius saies, that this argument is ridiculous, because i • is hard to finde any instrument of Donations from Princes, or from priuate men, or from women; in which these bitter formes of excommunication are not: Which (saies he) do not containe any sentence of excommunication, but Imprecations to deterre other, as euery man was at libertie • o doe, when he made any such graunts. So that Baronius hath laughed out of countenance this argument vpon Medardus priuiledge, which hath beene so o •• en, and so solemnly offered and iterated. And it appeares hereby that the punishments mentioned in these Constitu • ions, were not such as the makers thereo • could inflict, but onely such as • hey wished to fall vpon them that offended: and such I doubt not, was Gregories Imprecation, in his successors interpretations, that is, that hee wished all Kings to be depriued.

L. 4. Ep. 2.89 His next reason why Princes may be deposed by Priests, is the diuersity of their Beginning and first Institution • for, as before he had said to another Bishop of the same place, Regall Dignity was found out and inuented by humane pride, but Priests were intituled by the Diuine pietie, So here he repeates it with more contumely; Who knowes not that Kings had their beginnings from those men • who being ignorant of God, and prouoked by the prince of the world the Diuell, through Pride, Rapine, Perfidiousnesse, Murder, and all wickednesse, affected a gouernment ouer their equalls, by a blind Ambition, and intolerable presumption.

90 Then he proceeds to the examples, of Innocent who excomunicated Arcadius, and of Zachary who deposed Childerique. The first of which is not to the purpose, Except Excommunication presume Deposing which Innocent intended not. And the second hath beene abundantly, and satisfactorily spoken to, by very many of ours, and of their owne authors, who determine it roundly,15.9. b. Alius. glo •• er. Deposuit. Deposuit, id est, Deponentibus consensit.

91 And therefore insisting little vpon these, hee makes hast to that wherein he excels, which is, to reproach and debase the State and Order of Kings. For he says, That euen Exorcists (which is no sacred order) are superiour to Princes. Nor is his intemperance therefore excessiue, because hee subiects men to such as are in the way going towards Priesthood, for that will bee still vpon the old ground, that priesthood is in an incomprehensible distance and proportion aboue principalitie, but his reasons why Exorcists are aboue Princes, discouers more malignitie to Princes absolutely; which is, That since they are aboue the Diuell himselfe, much more are they Superiour to those which are subiect to the deuill, and members of the deuill. Nor could his argument haue any life or force here, except he presum'd Kings to be poysoned & corrupted by the very place, & by the order it selfe; for otherwise, if he meant it onely of vicious Kings, why should he institute this comparison of Exorcists and Kings, since it ought to bee of Exorcists and vicious men? And therefore (as he sayes after in this Ep • stle,) That he finds in his owne experience, that the Papacie either finds good men, or makes them good, and that if they want goodnesse of their owne, they are supplied by their predecessours, and so, Aut Clari eriguntur, aut Erecti illustrantur: So he thinkes either, that onely members of the deuill come to be Kings, or that kings grow to be such, when they are kings. For so much he intimates euen in this place, when hee sayes, In Regall dignitie very few are saued, and from the beginning of the world til now, we find not one King equal in sanctitie to innumerable Religious men. What King hath done any miracles? To what King haue Churches or Altars beene erected? How man • Kings are Saints? Whereas, onely in our Sea there are almost a hundred.

92 And thus I thought it fit to runne ouer this Letter, becau • e here s • emes the first fire to haue beene giuen, and the first drop of poyson to haue beene instil'd of all those virulenc • es and combustions, with which the later Authours in that Church, are inflam'd and swollen vp, in this point of auiling Princes. Of which ranke, this Pope had respect to none, but those who were really profitable to him: Nor haue I obserued any words of sweetenesse in him towards any of them, but onely to our King the Conquerour, and to one King of Spaine. To ours he sayes, L. 1. Epist 70. VVe account you the onely man amongst Kings, that performes his duetie, and this he • ayes, because • e should graunt more to God, and Saint Peter, and Saint Stephen, and be vigilant vpon Saint Peters estate in England, that he m • ght find him a propitious debter. • . 9. Epist. • . And to the king of Spaine he sayes, The present which you sent me, is so ample, and so magnificent, as became a King to giue, and Saint Peter to receiue; and you show by your present, how much you esteeme him.

93 And such Princes as these he was loath to loose: For he accounted that a losse, which now they call the onely perfection, that is, to enter into a Religious and regular Order. L. 6. Epist. 17. Abbati Clunia • . For this Gregorie chides an Abbot bitterly, for admitting a Prince, who might haue beene profitable to his state, into the Cloyster. For he sayes: To doe so, is but to seeke their owne ease; and now, not onely the Shepheards depart from the care of the Church, but the Dogges also; which he speakes of Princes. He tels him, That he hath done against the Canons, in admitting him: and that he is therein an occasion, that a hundred thousand persons doe lacke their guide. And therefore sayes he, Since there are scarce any good Princes to bee found, I am grieu'd that so good a Prince, is taken away from his mother; That is from the Churc • , as it must necessarily be intended in this Epistle. So pliant and seruiceable to his vses, would Gregorie make Regall dignitie, or else breake it in peeces.

Binius To. 3. pa. 2 fol. 1196.94 And where could our later men find better light in this mischeiuous and darke way, then in this Gregories Dictates, of which, these are some, That onely the Pope may vse Imperiall Ornaments; That all Princes must kisse his feete: That onely his Name must be rehearsed in the Church; That there is no other Name in the world, with many such transcendencies. And accordingly he is wel second • d by others, Cassanae. Catal. G • or. pa. 4. Consid. 7. which say, that he is Superillustris; and may not be cald so neither, because he is so much aboue all Dignitie, that our thought cannot extend to his Maiestie: And to preuent all opposition against it, Baldus in a choler sayes, That he that sayes the contrarie, Lyes.

95 And vpon what place of Scripture may • hey not build this supremacy, and this obedience to it, after a Pope, who is heire to an Actiue and Passiue infallibility, and can neither deceiue nor be deceiued, L. 4. Epist. 2. hath extorted from Samuel, so long before the Apostolique Sea was established, a testimony, That not to obey the Apostolique Sea, 1. Reg. 15. was the sinne of Idolatrie, teste Samuele: which he iterates againe, and againe in diuers other Epistles.

96 From this example, and from this libertie proceedes that malignity, wherewith the later writers wrest euery thing to • he disgrace of Principality. By this authority Symancha drawes into consequence, E • chird. Ind. Tit. 21. n. 9. and vrges as a precedent to be imitated, the example of the Scythians, who killed their king for admitting some new rytes in diuine worshippe; Which (sayes Simancha) was iustly done; for the Subiects of hereticall Princes are deliuered from their Iurisdiction. And in like maner, Schultingius an Epitomizer of Baronius, Schultingius. Thesaur. Antiq. Eccles. To. 1. c. 8. & 243. finding in him out of Strabo, that in Egypt the Priests had so much authority ouer the Kings, that sometimes by a bare message they would put one King to death, and erect another: and repeating the same gloriously and triumphantly a second time; at last in a Marginall note hee claimes the same authority for the Pope, when he notes, and sayes thereupon, The supreame authority of the Clergy, is proued against the Caluinists: So that we may easily discerne, by these examples which they propose for imitation, what authority they ayme at. But Schultingius might also haue obserued, as a prophecy of the ruine of their vsurpation, Diod. Sicul. Bibliot. l. 4. ca. 1. that as soone as a learned and vnderstanding king Ergamenes, came amongst them, he tooke away that custome.

Bell. de Pont. l. 2. c. 2. §. Nec ualet. 97 From this libertie, Bellarmine also, to the danger of any Prince, differing in any point from the integrity of the Romane profession, hath pronounced, That Heretiques are depriued of all • urisdiction, euen before excommunication. Ide. d • Concil. • t Eccles. l. 1. • . 2. § Esse autem. And that therefore an Emperour cannot call a Councell, because that must be done in Nomine Christi: and that Princes haue not their precedencies, as they are members of the Church, for so Ecclesiastique Ministers are aboue them. Id • . de • aicis. l. 3 c. 17. § In quem

98 And this hath made a Contry-man of ours deliuer as mischeuous doctrine, Say • Thesaur. C • s. Consc. par. 1. l. 1. c. 6. nu. • 0 that the power of excommunication, is got by prescription; And so saies another great Patron of that greatnesse, the Priests obeyed the Kings of Israel, but contrarily our Priests doe prescribe ouer the temporall power. Stephanꝰ De 〈◊〉 . p • d. pont c • . 16. § quare And Sayr proceedes further, and saies, that though Panormitane be of opinion, That one can prescribe in no more then that which he hath put in practise, yet if hee haue so exercised any one act of Iurisdiction (as excōmunication is) as that he had a will to doe all, he prescribes in all. And there is no doubt, but that when Pius the fift excommunicated, he had a good will to Depose also.

99 From this also haue proceeded all those enormous deiections of Princes, which they cast and deriue vpon al Kings when they speake them of the Emperour: for though the later writers, are broder with the Emperour, and chose rather to exemply in him, then in any other Soueraigne Prince; vpon this aduantage, that they can more easily proue a Supremacy ouer him, by reason of the pretended translation of the Empire, yet it is a slippery way and conueyance of that power ouer all other Princes; since in common intendment and ordinary acceptation, no man can be exempt from that, to which the Emperour is subiect. And of the Emperour they say, Hiero. Gigas de laesa mai. l 1. Rubr. 4. q 2. n. 5. That not onely he may be guilty of • reason to the Pope, Ibid. q. 4. n. 2. but if a subiect of the Pope offend the Emperour, the treason is done to the Pope. Yea, Ib. q. 1. n. 8. if it be the Emperours subiect, and the iniury done to the Emperour, yet this is treason to the Pope: So that the Emperour doth but beare his person; for in his presence hee must descend: and in Ceremo. Sacr. Ca. de Concil. a Councell his • eate must be no higher, then the Popes footstoole, nor any State he hunge ouer his head.

100 And from hence also hath growne that Distinction, Superstitious on one part, & Seditious on the other, of Mediate and Immediate institution of the two powers: for Eccl • siastique authority is not so immediate from God, that he hath appointed any such certaine Hierarchy, which may vpon no occasion suffer any alteration or interuption: Nor is secular authority so mediate, or dependant vpon men, as that it may at any time be extinguished, but must euer reside in some forme or other. And Bellarmine himselfe confesses, That as Aaron was made Priest ouer the Iewes, D • tr • nsl • t. In p. l. 1. • . 8. in p ••• cip. and Peter ouer the Christian Church, immediately from God, so also some Kings haue beene made so immediately without humane election, or any such concurrence: So that Regal Digni • y hath had as great a dignification in this point from God, as Sacerdotall; and to neither hath God giuen any necessary obligation of perpetuall enduring in that certaine forme. So that, that which Bellarmine in another place sayes to be a speciall obseruation, De Pont. l. 2. c. 17. §. Obseruandum. wee acknowledge to bee so: which is, That in the Pope are three things; His place, his person, and the vnion of them: the first is onely from Christ, the second, from those that elect him, and the third from Christ, by mediation of a humane act.

And as wee confesse all this in the Pope, so hath he no reason to denie it to be also in kings: he addes further, That the Cardinals are truly said, To create the Pope, and to be the cause why such a man is Pope, and why he hath that power; but yet they doe not giue him that power: as in generation, a father is a cause of the vnion of the body and soule, which yet is infused onely from God. And in all this we agree with Bellarmine; and we adde, that all this is common to all supreame, secular, or Ecclesiastique Magistrates.

101 And yet in Hereditary kings, there is lesse concurrence, or assistance of humane meanes, then either in elected kings, or in the Pope himselfe: for in such secular states, as are prouided by election, without all controuersie the supreame power, in euery vacancy, resides in some subiect, and inheres in some body, which as a Bridge, vnites the defunct, and the succeeding Prince. And how can this be denied to be in the Colledge of Cardinals, Theod. a Ni • m de sc •• sm. l. 3. c. 1. If (as one saies) the dominion temporall be then in them, and Sayr Thes. Cas consci. par. 1. l. 2 c. 20. nu. 20. that they in such a vacancy, may absolue any, whom the Pope might absolue. If therefore in all the cases reserued to himselfe, as namely in deposing Princes, and absoluing subiects, he proceed not as he is Pope, but as he is spiritual Prince, as Bellarmine saies, De Pont. l. 5. ca. 6 and wee shall haue occasion hereafter to examine; If that Colledge may absolue subiects as he might, this supreamacy and spirituall Principality resides in them, and is transfer'd from them to the Successor.

102 Certainely all power is from God; And as if a companie of Sauages, should consent and concurre to a ciuill maner of liuing, Magistracie, & Superioritie, would necessarily, and naturally, and Diuinely grow out of this consent (for Magistracie and Superioritie is so naturall and so immediate from God, that Adam was created a Magistrate, and he deriu'd Magistracie by generation vpon the eldest Children, and (as the Schoolemen say) if the world had continued in the first Innocency, yet there should haue beene Magistracie.) And into what maner and forme soeuer they had digested and concocted this Magistracie, yet the power it-selfe was Immediately from God: So also, if this Companie, thus growen to a Commonwealth, should receiue further light, and passe, through vnderstanding the Law written in all hearts, and in the Booke of creatures, and by relation of some instructers, arriue to a sauing knowledge, and Faith in our blessed Sauiours Passion, they should also bee a Church, and amongst themselues would arise vp, lawfull Ministers for Ecclesiastique function, though not deriued from any other mother Church, & though different from all the diuers Hierarchies established in other Churches: and in this State, both Authorities might bee truely said to bee from God.1.2 ae. q. 103. ad 3 To which purpose Aquinas sayes express • ly and truely, That Priesthood (that is all Church function) before the Law giuen by Moses, was, as it pleasd men, and that by such determination of men, it was euer deriued vpon the eldest Sonne; De Pont. l. 1. c. 9. § Potest etiam. And we haue also in the same point Bellarmines voice and confession, That in that place of S. Paul to the Ephesians, Ephe. 4.11. which is thought by many to be so pregnant for the proofe of a certaine Hierarchie, The Apostle did not so delineate a certaine and constant Hierarchie, but onely reckoned vp those gifts, which Christ gaue diuersly, for the building vp of the body of the Church.

103 To conclude therefore this point of the distinction of Mediate and Immediate Authoritie, a Councell of Paris vnder Gregorie the fourth, An. 829. Binnius To. 3. • ar 1. fo. 562. ca. 5. and Lodouicke and Lotharius Emperours, which were times and persons obnoxious enough to that Sea, hath one expresse Chapter, Quod Regnum non ab hominibus, sed a Deo detur. There it is said, Let no King thinke that the Kingdome was preseru'd for him, by his Progenitors, but he must beleeue that it was giuen him by God. For he which is King of men, had not this Kingdome from men, but from God: And so hee proceedes to apply many places of Scripture to this purpose, to the shame and confusion of them, who to ouerthrow, or subiect secular principalitie, detort Scriptures for the aduancement of Ecclesiastique immunit • es: As in the Septimes, that new limme of the body of the Canon Law, those priuiledges are proued to be Iure Diuino, In 7. l 2. Tit. 1. De for. comp. Ca. 1. glos. verbo, cu ipso. out of the word of the Psalme, Nolite tangere Christos meos, which was spoken of all the Children of Israel, as they were protected in their passage to the land of Canaan, and cannot be appropriated to Priests onely.

104 And from this libertie which men of this Religion, haue taken to speake slightly, and malignantly of the Person and dignitie of Kings, a long and inue • erate custome hath so wrought vpon them, that it hath caried them farther, and made them as bold with the word of God himselfe. Out of which they can deduce principall and direct Prophecies for euery passage in Saint Francis his storie. For Sedulius. Apol. cont. Alcora. Francisca. l. 2. C. 1. the Dreame of Pharoes officer (A vine was before me, and in the Vine were three branches) signifies Saint Francis, Gen. 40.10. and the • hree Orders deriued from him, sayes the Booke of Conformities, and Sedulius the fresh Apologer thereof. So he sayes, Sedul. l. 2. c. 1. Luc. 12.32. Christ prophecied of this Order; and it is fulfilled in this Order which hee said, Feare not little flocke, for it is your Fathers pleasure, to giue you the Kingdome. And Sedul. l. 3. c. 13 Psal. 118. of these it is spoken, sayes hee, The sound of them is gone into all Nations. Of these prophanations the examples are too frequent; for as they haue fitted all other things spoken of Christ, to Saint Francis in the Booke of Conformities, so doth l. 1. Ca. 18. Sedulius maintaine the giuing to him, the title of Iesus of Nazareth, King of the Iewes.

105 So also must the Scriptures affoord prophesies for euery ragge and inch of the Sindon, which wrapped our Sauiour in the Sepulchre. For in Mallonij Notae in Paleotum de Syndone. l. 1. C. 1. Nu. 18. that Liturgie or Office, (as they call it) which is appointed by the Pope to be said in the Chappell where this Sindon is preserued, all those places of Scripture, which speake of Christs body sprinkled with blood, are referred and saide to bee intended of this Sindon. And therefore saies the Author thereof, Since the Pope hath so applyed them, this exposition thereof cannot be reprehended.

106 By this license they giue all the names of Christ to the Pope; Extraua. Io. 2 • . Cum inter. glos. in fine. yea the name of God himselfe; And of Liter Leo. 10. p • r B • nchum. l. 8. Ep. l. 17. Goddesse to our Lady. And by this license did Gretzer. Cont. Hassenmiller. • o. 141. Crusius the Iesuit, call Ignatius Constitutions the Decalogue: because saies Gretzer, his fellow Iesuite, Metaphorically and instruction of our life, is call'd the Decalogue.

107 Nor can these blasphemous detorsions, & bold mis-applications, besalued, by Sedulius his guiltie excuse, that they Sedul. Apol. pref • t. are somewhat too freely written, according to the simplicitie of the age, And l. 1. C. 9. such as some men would rather wish vnwritten, and l. 1. C. 18. Circumspect men wish'd vnsaid; And some things too Ibid. & C. 20. rawly, somethings too couragiously vttered. And these which he so tenderly, and calmely passes ouer, with light animaduersion, are such sayings as these, That S. Franc • s was l. 1. C. 20. deified; That l. 1. C. 13. hee was made one spirit with God: That Ib. C. 15. hee saw the secrets of hearts: And Ib. c. 18. that he was more then Iohn Baptist, and better then the Apostles: And l. 2. C. 6. that God did obay him at a beck in euery thing.

108 Nor will Serarius his elegant euasion serue them in this, Serar. litaneuti. l. C. 13. That some men too indulgent and carefull of their verse, or the delicacie of the Latine language, may haue gone into these excesses. For the fi • st place, where the Pope is called the Lord our God, is in a place barbarous and loose inough, which is the glosse vpon an Extrauagant. And though Bembus, in whose letters written for Leo the 10 our Lady is called Goddesse, doe often stray in • o prophane elegancies (as Epist. Leo. 10. l. 2. Ep. 21. in another place, when he would expr • sse an inspiration of the Holy ghost in one, he saies, he was afflatus Zephiri caelestis a • rà, And l. 4. Ep. 15. calls Excommunication, Interdictionem aquae & ignis) yet this will neither excuse that Pope which sign'd those Letters, nor those to whose c • re the expurgation of bookes, hath beene committed. So that none of their piae fraudes, with wh • ch they emplaster this venemous & contagious wounding the scriptures of God, & the phrase of his spirit, will acquit or excuse them.

109 And if their mis • applying of Scriptures carried them no further, then to simple and childish actions (as Saint Francis commanded Massaeus to tumble round like a childe; because, saies Sedulius, Apolog. l. 3. c. 1. nu. 3. it is written, Nisi Conuersi fueritis, & efficiamini sicut paruuli, non intrabitis): Or if it carried them but to stupid actions (as the penitent which confessed to S. Anthony, Idem. l. 3. c. 13 nu. 3. that he had kicked his mother, receiuing this answere: If thy foote offend thee, cut it off, went, and cut off his foote, (but S. Anthony honestly set it on againe,) Or if it carried them but to bolde and confident actions (as Saint Anthony, when his Host set him a Toade vpon the Table, and tolde him that it was written in the Gospell, Idem. l. 3. c. 28 • nu. 31. De omni quod tibi apponitur, comedes, he with the signe of the Crosse, made it a Capon ready rosted) sillinesse or some such disease might lessen the fault.

110 But then is there extreame horrour and abominations therein, when God and his Lieuetenants are at once iniur'd, which is, when places of Scripture are malitiously or rid • culously detorted to the auiling of Princes: With what soule then could Pope Alexander say, treading vppon Fredericke, Psal. 90.13. Super aspidem & Basiliscum ambulabis: of which Acte, Ios Stepha. de Osculat. ped. Po • t. cap. 11. §. Ex quo. a Bishoppe in that Church saies, that it ought to be commended, and that it was lawfully and worthily done.

And with what conscience could the same seruile Bishopp of Sixtus the fift, proue the kissing of the popes feete, Esa 49.23. out of those wordes of Esay, Kings and Queenes shall worshippe thee, with their faces towards the Earth, Ios. Steph. • . 5. and licke vp the dust of thy feete? how durst hee say, that this kissing of the popes feete, was established in saint Luke, Luc. 7. when the sinner kissed Christs feete? Idem. ca. 7. Because (saies he) if it were affoorded Christ • belongs it not to his Church, which is bone of his bone? Deut. c. 1.3. And out of Deuteronomy hee thinkes this reuerence is euidenly enough demonstrated, because it is saide of God, the saints of God, Idem. c. 10. are said to be humbled at his feete.

So that whatsoeuer is applyed to the Church, or to God, by this detorsion is giuen to the pope: But this Bishoppe is so transported with this rage of detorting scriptures, that rather then not mis-applie them, hee will apply them to his owne Condemnation: For thus hee concludes his Epistle with the wordes of the Apostle: Epist. lecto. Gaudeo siue per veritatem, siue per occasionem, Romanae Ecclesiae dignitatem extolli: so that it is all one to him, whether scriptures bee faithfully applyed or no, so it be to the profit and aduantage of that Church.

Append. ad lib. de P •• t. respons. • d lib. Auiso Pia •• uole ca. 2111 And though Bellarmine seeme to deplore and lament that vnworthy manner of handling serious Controuersies, of which hee accus'd that Authour, which called his booke Auiso Piaceuole, because he cytes some of the Italian Poets against the Church of Rome, yet is this fashion still in so much vse amongst them, that in their last busines with the state of Venice, Nicod. Ma • er de paren: Baro: ad lecto. one authour, though in a disguised name, that vndertooke the defence of Baronius his furious instigation of the Pope, doth not onely wound and staine the memory of our late Queene, with impious calumniations, and wrest the Scriptures, to defame our present King; but he protests that hee chuses this way of doing it, to imitate Socrates, who was (saies he) Derisor hominum, maxime potentum, and exhibites his booke as a sacrifice, Risui, & Lubentiae.

112 Where then shall we hope, that these men will stoppe or limit their blasphemies? when in the licentious fury thereof, hauing made it habituall to them, and an Idio • isme of that Religion, they set (in their account) God against God; that is the word of God against the Pope, and defame him in their owne Pasquils by the phrase of Scripture. In which kind of prophane libelling, I had thought their malignity, and irreligion had beene at the highest, when they called Lucretiaes bastard, by Pope Alexander, and his sonne, the holy Ghost • till of late we see one of our owne nation hath drunke so deepe of that cuppe, that he hath swallowed the dregges also; and in a childish and trayterous itch of witte, at once wounded the Maiestie, both of his God, and of his King, by imputing false faults to the one, that hee might misuse the word of the other.

And by this meanes, as when they determined to kill the Emperor Henry the seuenth, that they might poison him, they forbore not to poison their owne God in the Sacrament first: so when they purposed to teare and deface the name and honour, and lawes of the King, they first offer the same violence to the word of God himselfe.

113 Thus the scriptures serue them for Panegyriques, to aduance the Pope; Psal. 8.6 Omnia Subiecisti sub pedibus eius: which being spoken of beasts subiection to men, Maynard • s de p • iuil. Ecc • . Art. 2 • . 21 they make it of men to the Pope. Thus the scriptures serue them to deuest and disarme Princes; Luc 22.38 Ecceduo gladij, which being (if we Eman. S • . Scholia in 4. Euang. beleeue the Iesuite Sd) no other then those knifes, with which they had cutte vp the paschal Lambe, Ext • au. Com de Maior. & obed. Vnam sanctam, a pope applies to the spirituall and temporall Iurisdiction.

And thus the scripture serues them for prouocation, and incitements to warre, and deuastation: Act. 10.13. Macta & Manduca: which being spoken of baptizing the Gentiles, In Voto ad Paul. 5. Baronius detorts to the excommunication of Christians. Onely they are content to spare scriptures, when they come to defend their late-borne Heresies; for, for the necessity of beleeuing Purgatory, Inuocation, Transubstantiation, and some others of the same age, they offer no scripture; but they thinke it victory enough that Galatine can proue all these out of the Talmud, and Cusanus out of the Alcoran: For, for the olde and new Testaments, they finde other employment. They must serue them against the office and dignity of Princes, to exhibite them as a prey to their neighbours, and a scorne to their owne Subiects.

Io. 10.30.114 As Christ asked of the Iewes, for which of his good workes they would stone him: Princes may aske of the Romane Church, for which of their benefites they are so iniurious to them? Is it for hauing established a Primacy vpon that Bishoppe, aboue his fellow Patriarches, which was so long litigious? Or for withdrawing him from the iawes of the Barbarous deuourers of Italy? Or for enriching him with a Patrimony, and Priuiledges almost equall to their owne? Is it for any of these, that you say, Eman • Sâ Apho • Confes. verb. Clericus. A Clergy man cannot be a traytor, though he rebell • because he is no subiect? By which you cut off so great and so good a part, as in your opinion the st • te without it, is but a meere Carcasse, for the Clergie is the soule.

And you extend those immunities, not onely to your boyes which light your Candles, Dist. 21. Cl • ros, and locke the Church doores, but to euery sullen fellow, that will retire himselfe into a wood, without either assuming Orders, Ren. Choppinus de iu •• Monast. l. • . Tit. 2. • u. 25 or subiecting himself to any Religious Rule, or despoiling himselfe of his temporall possessions, as you say of your Ermits: Dr Aluin de potest. Episcoporum c. 3 n. 11. Yea to Nunnes, who though they be not of the Clergie, yet are Ecclesiastique persons, and yet they are so prophane, as they may not be admitted to touch any thing which belongs to the Altar. Dist. 23. Sa • ctimonialis. And not onely the Nunnes within profession, haue these priuiledges, but also their Nouices, who are vnder no vow: yea they enioy them, whom you call Canonicas Saeculares, which may trauell, traffique, marry, and do any ciuill, or vnciuil function: (for of the continency of Regular Nunnes • am of a better perswasion, for this reason especi • lly; that the Iesuites by a Constitution, are forbid to haue the care of them: Regula. 47. and those secular women, which I mentioned, are Ecclesiastici fori (by a late Decision in the Rota) because though they be not Ecclesiasticae, D Aluinde pot. Ep • sco. ca. 3. n • . 13. yet they are Personae Miserabiles, and weare an vniforme habite: and to raise the number, you say, If an iniury be done to any kinsman of an Ecclesiastique person, it is done to him. Paris de • ut • o de Synd. ca. de exces. reg. n • . 29 Maynardus d • pri • ileg. Eccles. Art. 17. nu. 10. And that if any offence bee committed by diuers persons, amongst whome there is one Clergie man, none of the offenders can bee subiect to Temporall Iurisdiction.

115 And not onely all these persons, but all which appertaines to them, becomes spirituall: and by a new Alchimy, they doe not onely extract spirit out of euery thing, but transmute it all into spirit, and by their possessing them, Houses, Horses, and Concubines are spirituall. But as euery thing returnes to his first state and being; and so Rome which was at first built, and gouerned by Shepheards, i • returned to the same forme after the decay of the Empire: Tholosa. synt. l. 15. c. 2. nu. 4. and as the name of Bishopp, which was at first giuen to Clerkes of the Market, and Ouerseers of things to be bought and solde, agrees still with these Symoniaque Bishoppes of Rome: so many of these pretious Iewels, which are employed about the Images and Reliques, which were at first temporall, and then by this tincture growne to be spirituall, returne againe to their temporall nature, when any of the Popes • ake ocsion to serue their pleasure, Theod. a Niem. de schism. l. 1. ca. 22. or foment dissensions amongst other Princes, and schisme amongst themselues, by coyning the Images, as Vrbanus did, in such a case.

116 But the greatest iniury that is done to Princes in this matter of Exemption, is, that they will not be beholden to Princes for it: but plead their Ius Diuinum, not onely the positiue Diuine Law, by which, they say, that the Popes if they had not found these men naturally exempted, and if Princes had not granted these exemptions, might by their Constitutions, haue exempted them, without asking leaue of Princes, but they pretend text of Scriture, though detorted and misvs'd, to proue this Exemption. And for the Persons they pretend many; but with no more directnes, then that by which they proue exemption of their goods, Laelio Medico. contra. Venet. fo. 196. Nella Raccolta. from secular charges and burdens, which is, Domini est terra, & plenitudo eius, and since it is the Lords, it is theirs.

117 But all Princes grow weary and iealous of that claime; Risposta di Ant. Bouio al. Paulo. Nella Raccolta fo. 50. and a Catholique Writer hath obserued, that many of the Writers of the Spanish Nation in these later times, haue resisted that opinion, of which he names Medina, Victoria, Soto, Ledesma, and Bannes.

And if that Nation grow into iealousies, and feele her right, as France hath done before, all the Italian Writers, will be but weake euidence, to proue this exemption to bee Iure Diuino. But as though all this were not enough, and that the states of Princes were not enough infirm'd by withdrawing of all these, they teach, Bell. de Clericis l. 1. c. vlt. That a Subiect by remouing into another Prouince hath deuested his allegeance and subiection: And that euery man is free concerning his owne person: And that the band is stronger between a Creditor and a Debtor, then between a Prince and subiect. Vpon all which, what mischieuous conclusions will follow, is euident and obuious enough.

118 To conclude therefore this point this Ecclesiastique immunity which they clayme, is the debasing of Princes; And the defence of this immunity, and consequently of this deb • sing of Princes, is so iust a cause of Martyredome, that Baronius saies; Martyrolog. Ro. 29. Decemb. The Students in the English Colledge; haue good title to two Crownes of Martyrdome, because they return into England, both to defend the Catholique faith, and the immunity of the Church. Where we will content our selues, till wee come to a • urther exagitation of that point, with this confession from Baronius, that they are by your doctrin receiued in that Colledge, incited to Martyredome, for the Immunities of the Churche, which himselfe in the same place distinguishes from the Catholique faith. And thus farre I was willing to extend this point, That the Romane Doctrine by extolling Church Priuiledges aboue Princes, and by an absolute and direct auiling them, doth mis-prouoke her disciples to a vicious affectation of imaginarie Martyrdome. In the two other points of Merite and Purgatory, which produce the same effect, I may haue leaue to contract my selfe, into a shorter roome, because of those, many others haue spoken more abundantly, then of this last point which I vndertooke.

THE SECOND PART OF MERIT.

THe next Doctrine which I noted to mis-incite men to an imagined Martyrdome, is the Doctrine of Merites. Bell. de Indul. l. 1. c. 2. propos. 1. In euery good worke, you say, there is somewhat of merite, and somewhat of satisfaction. The first is said to belong to our selues, and that by it we establish our saluation: So that the passion of our Sauiour is but as Baptisme to vs, and our owne workes, as Confirmation: Idem de Confirmatione c. 11 § Duplex. Which Sacrament you say, confers more grace then baptisme dooth, for strengthning vs against the Diuell: Ibid ca. 2. §. Sed r • spond. And that the holy Ghost is giuen more fully therein.

And accordingly you teach, that iustice of workes doth giue the forme and life to faith. And the second, which is Satisfaction, is reserued in the common stocke, the treasury of the Church, and husbanded and dispensed by the generall steward thereof the Bishoppe of Rome.

2 But for that Merite, which you teach, to say That our workes of their owne nature, Bell. de Iustif. l. 5. c. 17. §. Nobis. without considering any Couenant or Contract with GOD, deserue Heauen, dooth not onely diminish CHRISTS Passion, by associating an Assistant to it, and determine his Priesthood, which is euerlasting, by vsurping that office our selues, but it preferres our worke before his, because if wee could consider the passion of Christ, without the eternall Decree, and Couenant, and Contract with his father, his worke (sauing the dignity which it had by Acceptation, by which the least step of his humiliation might worthily haue redeemed tenne thousand worlds) had not naturally merited our saluation.

3 Now betwixt God and vs there is no such Couenant; our best plea is, The sinner must repent, and God will blotte out his sinnes. If a Prince should so farre prostitute his mercie, as to proclaime a veniall Pardon, by which for certaine money, any Malefactor might be pardoned, no such Malefactor as by the nature of his fault, had at that instant forfaited and confiscated all his estate, should haue benefite by that pardon, because he had nothing to giue. All these dis-aduantages and infirmities oppresse vs; no good worke is naturally large enough to reach heauen; no promise nor acceptation of God hath changed the nature of a good worke: And lastly, we can do no perfit good work; for originall sin hath poisoned the fountaines, our hearts: and those degrees and approaches, which we seeme to make towards good workes, are as if a condemned man would make a large will, to charitable vses. For, as that which hee giues is not his owne, so that goodnesse of good workes is not ours; and as it is in the Princes pleasure and allowance, whether his will shall take any effect, or no; so is it in the pleasure of God, whether any workes of ours shal be accepted.

4 Yet there is more Deuotion in our Doctrine of good works, then in that of the Romane Church, because wee teach as much necessity of them as they doe, and yet tye no reward to them. And we acknowledge, that God doth not onely make our faith, to fructifie and produce good workes as fruits thereof, but sometimes beginnes at our workes: and in a mans hart morally enclined to doe good, dooth build vp faith: for if an Angell could transport Abacuc, for Gods seruice, by onely taking hold of his haire, God can take such holde of our workes, and carrie vs further by them. And fu • ther then this I see not that moderate men may goe: and they startle too easilie that dare not come so farre. And if it had beene expedient for Bellarmine, to haue spoken plaine, I thinke he would haue come to that, when hee was so neere towards it, as to say, That it is the safest way to place all our confidence in the onely mercy of God, De Iustific • t. l. 5. c. 7. Proposit. 3. by reason of the incertainety of our owne righteousnesse, and the danger of vaine-glory: for he seemes else where to be so farre from doubting, that a man may not be sure of his owne righteousnesse, that himselfe had such an assurance of righteousnesse in another man, that vpon his Oath before a publique Notarie he affirmes, Ceparius. de vit. Go • zag. l. 3. c. 2. That hee verily beleeues that Gonzaga, (who left the dignitie and inheritance of a Marquisate) neuer cōmitted mortall sin, and that from his age of seuen yeares, he is certaine of it.

5 The Doctrine of good workes in the Reformed Churches, is vniforme and consonant. For though Luther, to relieue and succour the doctrine of faith, which then languish'd desperately in the Romane Church, for iust dignification thereof, sometimes omitted, sometimes spoke remissely of good workes, yet betweene those, who seuerely adhere to him, & other Churches, which in some other things depart a little from them, in this point, I haue obserued no dissention.

6 But the Romane Church at this present is tempested with a violent storme in this ma • ter: that is, by what way and meanes, man can be enabled to doe any meritorious worke. In which Controuersies, after the Dominicans and the Iesuites, had with much earnestnesse prouoked, • enius de Controuersia, de lib. A • b. & Dei aux • l. in • er Catholicos. Epist. ad Cle. 8. and with much bitternes replied vpon one another, Benius in a booke as moderate and elegant, as any these later ages haue affoorded, proiecting a way, in his Epistle to Clement the eight, how these dissentions might be re-vnited, and reconciled, obserues that all the Controuersies betweene them, ariseth out of presuming a false ground and foundation to be true, which is the famous Distinction of Sufficient and Efficient Grace. And so he dooth not onely demolish all that they had diuersly built thereupon, Li. 1. de grat. & lib. arb. ca. 11. but defeats and destroies that foundation, which Bellarmine himselfe was most confident in, and euicts that that distinction, which that Church hath vsed of late yeares against all opposition, is neither containd, Fo. 4. nor conueniently deriued, either from Scriptures, Councels or Fathers, but is refeld & resisted by the Councell of Trent it • elfe. Fo. 91. No • can they extenuate this matter, as though it were o • • ma • l consequence; since neither small matters should produce amongst Religious men, so much and so bitter Argumen • ation: nor can it bee in it selfe esteemed a small matter: vpon which Benius saies, Fo. 2. the questions of Predestination, Iustification, Merite, Perseuerance, Glorification, and many more depend, and that all Diuinitie is shaken therein.

7 And if they thinke, howsoeuer they suffer an intestine war, to make vs beleeue that all is peace, and that this variety is onely De modo, they must remember, that that for which they burne and damne men, which is Transubstantiation, is but a question De modo, which may be somet • mes so essentiall, That if the Arrians had agreed with the Orthodox, of the maner of the generatiō of the So • , or the Greeke Church would agree yet with the western • of t • e maner of the proceeding of the Holy Ghost, there could be no diffrence in t • ese points and therfore these d • ffrēces & controuersi • s, & irresolutiōs in the Roman Church ca • not be • xcu • 'd or diminished by this, that they are De modo, since they are not De modo prob • tionis, which is when a certaine truth is illustrated by diuers waies of proofe, but they are so De modo essendi, or existendi; So, as if you remoue these wayes, by which they are said to be, they are not at all.

8 And howsoeuer those Doctors, whome they stile Seraphicos, VVilloti A • benae, Orthodox. and Illustratos, and Irrefragabiles, & Fontes vitae, with which transcendent Titles, they enamell so many of the writers in the Franciscan Families, so are in so high a pi • ch as dazles vs, or diue so low, as we cannot discerne what they • old in this matter of Merit; yet what the vulgar doct • ine is in this point, the Expurgatory In • ices shall suffic • ently informe vs: for no opinion of any Fa • her, or Doctor, or of any vniuersity, can be of so m • ch credi • e, and authority, as those books; since they are compiled by a commission issuing from the Pope himselfe, who was either authorized or entreated to that office, by a generall Councell. Ex Con • . Trid. Bull. Pij 4. de Ind libro. So that in these bookes there are all these approaches to an infallibility, that they were determined and prouided by a Councel, executed by a Popes Buls, and iustified by him, when they were perfited • nd accomplished.

9 And those bookes haue not bestowed so much diligence, vpon any point, as this, that nothing remaine in any Authour, which may pref • rre Christs passion before our merits. And therfore, to omit innumerable instances to this purpose) Index Hispan. fo. 149. in that Catholique booke, Venet. 1575. imprin • ed in a Catholique state, w • ich is stiled, Ordo Baptizandi, & Modus Visitandi, they haue expunged these wordes: Doost thou beleeue to come to glory, not by thine owne merites, but by the vertue and passion of our Lord Iesus Christ? And a little after they ha • e cut off this question; Dost thou beleeue that our Lord Iesus Christ died for our saluation, and that no man can be saued by his owne merits, or any other way, but in the merite of the passion of Christ? And though they might haue excuse to extoll our merites, yet they might haue spared the first part of the sentence, and giuen vs leaue to beleeue, That our Lord Iesus Christ died for our saluation.

10 Amongst these great works, pregnant both of Merite for our selues, and satisfaction for others, Martyrdome is in the • r Doctrin • , that Opus priuilegiatum, which takes away al sinne; by occasion of which wordes, To take away, I cannot for • beare to warne you in this place, of one ordinarie indirect dealing in Bellarmine; which is, tha • in his Indices, and Tables, he presents wordes • ve • ie f • r • e from the sense of the place to which they relate. As in this point of merite, where his Index saies, Martyrium tollit peccata, S. Hierome, out of whom the Text, • o which he relates, is drawn • ; s • ies only per martyrium peccata non imputantur; B • ll de Iusti • i. l. 2 c. 9. §. Sanct • s Hieron • mus. which is nothing to the naturall condignit • e of the wo •• e it sel • e. And I should haue neglected to haue noted Bellarmines Index, but that I obserue that they are so seuere vpon the Indices, made by some of their owne Church, that pretending st • ll to haue rased nothing in the body of the fathers, they expunge in the Indices many sentences, though the very wordes be in the Text it selfe: as in t • is point of Merite, Epist. ante Ind. Belg. Iunius hath no • ed, that these wordes, Meritum nullum, nisi quod a Christo confertur, are cut out of the Index to Chrysostome, though the same wordes be in the text.

11 To proceede then, for the dignity of this wo • ke, Bellarmine against So • o, and Ledesmo maintaines, that martyrdome doth saue a man, De baptism. l. 1. c. 6. ex opere operato. And that there is required in the martyre, no further disposition, nor other preparation, then in one who is to be baptized. For (saies he) though Charity be required, it is not precedent Charity, but it is, because a Martyr cannot depart without Charity, because by a couenant from God, Grace is inf • s'd, and so Charity: and therefore it abolishes originall sinne, and actuall sinne, and both eternall and temporall punishment belonging thereunto. De Indulg. l. 1. c. 2. §. Qu • nto. And in another place Bellarmine saies, That it is euident that martyredome is so full a satisfaction, that it expiates all guiltinesse, contracted by all sinnes, how huge soeuer the number, or haynousnes therof be: and if any milder man of that Church would say otherwise (as Ferus doth directly, the Passions in this life, L. 3. Com. in Mat. 20.8 are not worthy of future glorie) hee must be detorted to the other sense, Sext Sen. Bibliot Sanct. l. 6. Anno • . 89. (as Senensis saies of this place, I am of opinion, that Ferus his wordes might bee deflected to the other sense:) Or if the wordes will not confesse vppon • hat racke, they must bee vtterly expunged, as wee noted of others before.

12 And vpon this superabundant value of the merite of Martyredome, De Indulg. l. 1. • . 2. §. Quinto. Bellarmine builds that conclusion, which wee now condemne; which is, That because many martyres haue but fewe sinnes of their owne, and their passion is of a large and rich satisfaction, a mightie heape of Satisfaction superabounds fr • m martyrs. And so they being sent hither, as Factors to encrease that banke and Treasurie, it appears, • thinke, sufficiently, that this doctrine of merit • s, dooth mis-prouoke and inordina • ly p •• forward inconside • ate men, to this vitious • ffec • ation of Martyrdome. To which also the Doc •• ine of Purgatory contributes as much perswasion.

THE THIRD PART OF PVRGATORY.

AS Morbizan the Turke, being mooued by a Bul of Pius 2. by which he granted Indulgences to all thē, Historiae & ali • impressa. ante Alcoran. fo. 99. that would take Armes against him, by a Letter to the Pope; required him to call in his Epigrammes againe: Casabonus pre • atio de libe • . Eccl. And as a great learned man of this time calls Panlus the fifts Excommunication against the Venetians, De purg. L. 2. c. 18 §. Ad quint. Hymno de nouo lumine pasch. Sabba. Dirum Carmen: And as Bellarmine saies of Prudentius, when he appoints certain Holydaies in Hect, Paenarum celebres sub styge feriae, That he did but play More poetico: So all discourse of Purgatorie seemes to me to bee but the Mythologie of the Romane Church, and a morall application of pious and vseful f • bles.

2 To which opinion Canus expresses himselfe to haue an inclination, when he saies, L. 11. c. 6. That men otherwise very graue, have gathered vp rumours, and transmitted them to posterity, either too indulgent to themselues, or to the people: and that Noble Authors haue beene content to thinke, that that was the true law of History, to write those things which the common people thought to be true: And this censure he forbears not to lay vpon Gregory, and Bede, by which two, so many fabulous things were conuaied to posterity. To which ingenuity in Canus, Lypsius his Champion saies, Pal. estrita Honoris. Anastas Cochelet. fo. 285. That he preferres Gregory and Bede before Canus, for opinion and iudgement • But in this, onely their discretion, and an abstinence from a slippery and inconsiderate creduli • ie is in q • estion: and euen in matter of iudgement, in as good iudgement as this Authour hat • , Canus w • l • iustly enough in that Church haue a good • oo me. And if this Authour, as hee pre • ends • n that pl • ce, acc • pt none of these fables, but such as the authoritie and iudgement of the Church hath approued, either many of the Stories must loose their credit, or els the Popes that approued them.

3 Who haue beene wisely and prouidently most liberall, and carefull to affoord most of that sustentation of Approuing, to • hose things that were of themselues most weake and indeffensible • so: so S. Brigids Reuelations are not onely approued by Boniface the ninth, Paleotus de Syndone, par. 1. Ep. lectori. but confirmed by Martin the fift: Both which hauing concurred to her canonization, one reason why it was done, on her part, Reuel. Brigid. Bull Canone. Bonif. 9. is, because at her marriage, being at thirteene yeares of age, and her husband eighteene, she vowed one yeares continency; and the reason on the Popes part was: That there might some goodnesse proceede out of the North for she was o • Swethland. Par. Crassus de cerem. Epis. & Cardin. l. 1. c. 39 • According to which superstition, in their Mysterious ceremonies, when the Gospell is song, all other parts being done towards the East, hee must turne to the North, from whence all euill is deriued, and where the Diuels dwell.

But for all their barbarous and prophane despite and contumelies, which they impute (not to the Diuell) but to Princes, and all sorte of people beyond their Hilles, their Stories are full of the memorie of Benefites which Sea hath receiued from Northern Princes, To. 3. par. 2. fo. 1052. B. and Binius confesses, that the remote and Northerne people, did so much honour the Romane Church, that whomsoeuer they hea • ed to sit in that Chaire, and to be Pope, though but in name, without any discussion of his entrance, they reuerenced him as S. Peter himselfe, which (saies he) is a wonderfull thing to be spoken. Which imputation since Binius laies vpon Northerne Catholiques, they are fairely warned to bee more circumspect in their obsequiousnesse to that Church, without discussing the persons, and the matter which is commaunded them.

4 But to returne to this Comique-Tragicall doctrine of Purgatory, if Canus weigh nothing with them: Epist. Rutbalo. Reg. Secret. ante Dial. Luciani. Sir Thomas Moore, of whose firmenesse to the integrity of the Romane fa • th, that C • urch neede not be ashamed, intimates as much, when he saies, That hee therefore vn • ertooke to transl • te Lucianus Dialogue Philopseudes, to deliuer the world from superstition: which was crept in vnder Religion: For (saies he) superstitious lies haue beene tolde with so much authority, that a Cosoner was able to perswade S. Augustine, thog • a graue man, & a vehement enemy of lies, that a tale which Lucian had before derided in this Dialogue, was thē newly done in his daies. Some therfore think • (saies he) that they haue made Christ beholden to them for euer, if they inuent a fable of some Saint, or some Tragedie of hell, to make an olde woman weepe or tremble So that scarce the life of any Martyr or virgine • ath escaped their lies, which makes me suspect, that a great part of those fables, hath beene ins • rted by Heretiques, by mingling therof to withdraw the credite due to Christian Histories.

5 And in our daies, Philip Nerius the Institutor of the last Order amongst them, who was so familiar in heauen, whilst hee liued vpon earth, that Vita eius. fo. 17. & 24. & 57. he was faine to intreat God to depart further from him, And fo. 33. to draw back his minde from heauenly matters, and turne them vpon earthly, before he was able to say Masse, And fo., 83. could heare the Musique and Symphonie of the Angels, And could distinguish any vertue, or any vice, by his smelling, This man I say was euer an enemie to these Apparitions: and vsed to say, That God would not take it ill, fo. 107. not to be beleeued, though he should truly appeare to vs in any shape. And to a Scholler that tolde him that our Lady appeared to him in the night, fo. 108. he said, next time she comes, spit in her face, which he did, and found it to be the diuell. Nor did hee easily beleeue possessions, fo 229. but referred it commonly to the indispositions of the body: and suspecting iustly the same diffidence in others, which he found in himselfe, fo. 488. hee prayed to God, that he would worke no miracles by him.

6 So that not onely for feare of illusions, and mistaking bad spirits for good, (for for that, their greatest Authors which haue writ of that subiect, euen in these cleare & curious times, are still confident, that An euill spirit, what shape so euer hee appeare in, Binsfeldius. de confel. Sa • ar. fo. 67. & 68 Menghi. fust. Daemo. c. 8. may be knowne by his feete or hands, And that he is euer notoriously deformed either by a Tayle, or by Hornes, And that hee will van • sh, if one vse him, as Friar Ruffin did, Ibidem. who when the diuell appeared to him ordinarily in the forme of Christ crucified, by S. Francis his counsaile, said to him: Open thy mouth, & implebo stercore, and thereupon was deliuered from that apparition. And some of their saddest Diuines, haue eased them thus much in any such perplexitie, Vasques de Adorati. that to worship the diuell himselfe in such a forme, with opinion that it were God, is not Idolatry,) not onely for these inconueniences, but euen for a generall infamy and suspition, that these apparitions which begot Purgatorie haue in them, the more moderate sort of Catholiques haue declined from any great approuing of them.

7 Yea Serarius, though of that order that hath lost all ingenuity, confesses from Baronius and Villa Vincentius,

Litan. l. 2. ca. 2. N. 3.

Ibid. N. 4.

that in these legends, in their Histories there are vaine and vitious relations, and that the pictures of those Saints, are but Symbolicall. Sedul. Apol. pro libro. Con • or. l. 1. • .20. N. 7. And Sedulius acknowledges, that, that storie in the booke of Conformities, that S. Francis was seene to goe out of the wound in Christs side with a banner, and a great Armie, is but figuratiue. Of which, sayes he, there are many so highly mysterious, that it is not fit to discouer and explicate them to the wicked. So that these Mirabilarij & Mythologistes of that Church, wil solemnly reserue these their Arcana Ecclesiae to themselues, and shall without any enuie from vs.

8 And yet I denie not, but that in sober antiquitie, and in the grauest Fathers, there are some impressions, which occasioned this error, of purifying soules after this life, As Bellarmine sayes truly, De Pont. l. 4. c. 8. § Q • ia. that for the most part, lies haue their foundation vpon some truth; For it was very long in the Church of God, before the state of the soule after our death, was cleare, and constant and vniforme: the Fathers being diuided in their opinions, whether our soules enioyed perfect happinesse presently, or expected and attended it till the generall iudgement. And the phrase and language, in which sometimes they spoke of the last consummation of our happinesse, in the re-vnion of the body and soule, being obscure, and various, gaue occasion of doubting, that they reserued and adiourn'd all our happinesse till that time. And that which they meant of that perfect and consummate happinesse, not to bee enioyed till then, hath beene mis-vnderstood, or detorted to the soule alone. And by such irresolution in some, and perplexity in collating their opinions, and misapplying their words, haue been imprinted indelible characters of Purgatorie, and of prayer for the dead, of whose condition in the next worlde, they were not t • roughly assured.

9 If any of the Fathers haue strayed farther then so, to speak doubtfully of some such thing as Purgatorie: Wee will not say, as you doe, In • . Expurg. belg. fo. 12. Let vs excuse it, or extenuate it, or denie it by some deuise, or faine some other conuenient sense, when it is opposed in Disputation. Dist. 4 statuimus. gloss. Nor dare we obtrude a contrarie exposition, as you doe, when you make Pope Telesphorus instituting the Quinquag • sima for the Clergy, by his worde Statuimus, to meane Abrogamus; Dist. 12. quis nesciat glos. Or when Pope Innocent writes to Decentius a Bishop, that it is not reade, that in all Italie, France, Spaine, Affrique, and the Ilands, there was Alius Apostolus prae • er Petrum, to make him meane by Alius Contrarius; which the glosse vpon the glosse in the Margine mis-likes, because no Apostle was contrarie to Peter, and therefore makes the Pope to meane; that there was no other Apostle in those places, then Peter, or such as he sent. Ind. expur. belg. fo. 18. We dare not correct so boldly as to make Bertram, who for 800. yeares together had said Visibiliter, now to say Inuisibiliter. Wee dare not hope to scape with such a small insertion, Index. Hisp. • o.. 66. as Non, which you haue intruded to the destruction of Didacus Stellaes sense, in his Commentarie vppon Saint Luke, and in Eucherius his Commentarie vppon Genesis. Idem. fo. 92.

Wee dare not steale out that little particle, to alter the whole intention of him that hath it; as Bellarmine hath done,

De Matrimo. l. 1. C. 5. §. vbi tamen.

27. q. 2. Cum societas.

out of a sentence cited by Gratian, out of Leo, by which Mariage is no Sacrament, if, Non, be admitted. Wee will not be so vnnaturall to the Fathers, as Bellarmine makes the Pope to be, De pont. l. 2. c. 27. §. • espond • o i •• as. when being pressed by Nilus, to followe in the question of the Primacie, the opinion of the Fathers, sayes, that the Pope hath no Fathers in the Church, but that they are all his Sonnes. Nor can wee exceede Bellarmine in dis-esteeming the Fathers, who hath called in question some bookes of almost euerie one of them, as Clement, Anicetus, Cyprian, Tertullian, Ambrose, Augustine, Hierome, Damasus, Damascen, Basil, Iustine, Nyssene, Honorius, Eusebius, Chrysostome and others.

And when Damascene cites out of Palladius, That a dead scull beeing asked, whether our Prayers did them any good in hell, aunswered, that it brought them some ease and relaxation, Bellarmine sayes, This is false, and Apocryphall, and that there is no such thing in Paladius:

De Purgat. l. 2. C. 18 §. preterea. & §. Ad quartum.

De verbo Dei. l. 3. C. 10. §. dic • ns.

So ill a Patrone is hee, of Damascenes credite heerein. Nor doth hee onely indefinitely say of the Fathers, That it is euident that some of the chiefest of them haue grieuously erred, but as of Tertullian, who imputes Montanisme to Pope Zephirine, hee sayes,

De Pont. l. 4. c. 8. §. respondeo.

De penitent. l. 1. c. 1. §. igitur.

There is no faith at all to be giuen to him, And in another place somewhat more sharply; Wee doe not reckon Tertullian amongst the Catholiques, So doth he to very many of the other Fathers, boldly impute such errours, as would vitiate any Author not to haue but obserued them, and for touching whereof the Centuriators are by him accounted prophane and blasphemous. So also doth Medina say, De Sacro. homin. Orig. & contin. l. 1. • a. 5. That Hierome, Ambrose, Augustine, Sedulius, Primasius, Chrysostome, Theodoret, Oecumenius, Theophilact, and others, were of the same opinion as Aerius was, and the Waldenses, and Wickliffe.

36. q. 2. placuit. 10 But as Gratian preferred Hierome before a Councell, because hee had Scripture on his side, And as your Expurgatorie Index (which I cite so often, Ind. Hispa fo. 146. because no booke of equall authoritie, doth shew so well your corrupt doctrine, that is, what you cannot endure to heare, and your indirect practise, to make Authors speake your words) addes to one Author in the Margine, Wee must giue no credit to these words of Eusebius, Fo. 147. and after; This opinion of Iustin, and of Epiphanius, is not true: So, if for the defence of Purgatorie, in the full sense of the Trent Councell, you obtrude any Father (which yet I professe that I haue neuer seene) if that Father be destitute of the support of Scripture, you must allow vs, some of that libertie which you take, since we are more modest in the vse thereof then you are.

11 For we need not (euen by your frequent examples,) binde our selues to that seruility, which your Azorius subiects himselfe vnto: Moral. In • tit. Par. 1. l. 11. C. 14. §. Secundo quaeritur. who disputing of the immolation of Iepthes daughter, confessing, That it is not euident, that she was killed, nor likely; nor that she could be comprehended in that vow, any more then any vncleane thing which might haue met him, and That the contrarie is more Analogall to the other places of Scripture, and that the Rabbines, Lyra, and some other Catholiques, denie her death, yet, saies he, because we are bound (that is, by the oath of the Trent Councell) to expound Scriptures according to the sense of the Fathers, I thinke we ought to adhere to the opinion that she was slaine. But if the sense of the Fathers did not stand in my way, to confesse the truth, I should approue the other opinion, because that deliuers so great a person as Iephthe was, both from rashnesse and foolishnesse in making the vow, and from impietie and cruelty in keeping it.

12 This bondage and yoake we need not cast vpon our selues, but may lawfully take Chrisostomes libertie, D • militia spirituali Ho. 4. To. 5. fo. 209. (since our cause is better then his, for hee dis-approued all Oathes) Neuer produce to me, saies that Father, this Saint or this chaste man, or this milde man, or this Priest; for if you tell mee of Peter, and Paul, or of an Angell from Heauen, you shall not thereby terrifie me with the dignitie of the persons.

13 The Fathers which must gouerne in these points, must not be the Fathers of the Societie; but they must be Patres Patrati; Fathers which haue Fathers; that is, whose words are propagated from the Apostles. Of which sort of Fathers, in my poore reading, I neuer found any that consented with the Doctrine of Purgatorie now established.

14 In which, that which we principally complaine of at this time, is, that it incites to this false martyrdome. Not but that they confesse, that there are also some other wayes besides martyrdome to escape Purgatorie; else how got Lypsius so soone to heauen? Pa ••• tri • a Hono • is fo. 1. for as soone as his Champian Cochelet calls him, Lypsius aunswers, Wee that are receaued into heauen, doe not despise our fellowes: And that powerfull Indulgence (which, though Saint Francis obtained immediately from Christ, Sedulius Apolo. contr. Alcura. l. 1. C. 16. N. 4. & 6. yet Christ sent him to aske it againe, at the Popes hands, because, sayes Sedulius, hee would not derogate from the power, which he had deliuered to his Vicar) deliuers as many as doe but come to a certaine place, from all sinne, and danger of Purgatorie. All which die in that Order, l. 2. c. 9. N. 1. are saued; l. 2. C. 11. N. 4. yea, All which loue that Order hartily, how great a sinner soeuer he be, shall haue mercie. l. 1. C. 19. N. 3. And yearely on his birthday, all which are in purgatory, especially of his Order, flie vp to heauen. And hee himselfe carried aboue 1000. away with him from thence, Ibidem. when he went. At one Masse, at the Commemoration of the Dead, a Friar saw soules flie from Purgatorie as thicke as sparks from a furnace. l. 3. C. 21. N. 4. and this Masse he celebrated euery day, and so did infinite others. Ibid. N. 7. If then that Friar made a true relation of the state of Purgatorie in his time, That of 5000 which died in the world since his comming thether, there came but three to that place, there is no great vse of heaping so much treasure, for that imployment, since by these computations, neither the Number can bee great, nor the st • y long.

15 And if the authoritie of this Sedulius seeme light, In fi • e libri. yet his booke is dignified with this Approbation, That the impudency of Heretiques, may bee beat backe, with most firme arguments, and with most cleare reasons) Soto might weigh more;4. Sent. dist. 19. q. 3. ar. 2. who considering the intensnes of the fire of Purgatory, thinkes none shall remaine there aboue tenne yeares. But for all this Bellarmine saies, That by most certaine apparitions it is euident, De purgat. l 2. c. 9. §. Preter • a. that some soules already there, De Indulg. l. 2. c. 2. §. Sed primū shall remaine there till the day of iudgement: And though hee make an impertinent doubt, De Indulg. l. 1. c. 9. §. Respontio. Whether euer any Popes haue graunted Indulgences for many thousand yeares, yet in another place he assignes certain reasons, why conueniently the Popes may do so; because the penitentiall Canons inflict many yeares punishment, for diuers sinnes which many men cōmit often euery day. But of this the Popes are so lib • ral (though it is impossible they should keepe any iust Audit, or account since they neither know what they receiue, nor what they lay out) that they will put in 1000. yeares more rather thē remit that six pence, which you must paie, not for the pardon, but for the paper. Turselinus Iesuit Histor. laurel. l 1. C • . 22. And therefore Martin 5. had a iust and proportionall respect to the nature of this ware, when he appointed a yearly Faire, and yearely Indulgence, both of three moneths continuance, to be kept together at Loretta; and that the Priests and Merchants should open and shut vp shoppes together.

17 But Martyrdome is of much more value, then these Indulgences, because it is infallible for, some incapacity, and indisposition in the partie, may hinder the working of an Indulgence, but Martyredome cannot faile of the effect, to worke our deliuerance, as appeared by that which we cyted out of Bellarmine in the end of the last part of Merite. And therfore that doctrine, which teaches such a Purgatory as you speak of, incytes to such a Martyrdome, as we speake of, & disapproue.

18 Hauing therefore proceeded thus farre, That the purest and acceptablest Sacrifice which we can offer to God, which is our liues, may be corrupted and enuenomed with di • tastefull mixtures, and that euen in the deuotedst and safest times, it fell out, not seldome to be so; And that our corruption now is more obnoxious and apter to admitte and inuite such poys • nous ingredients, and temporall respects, then in those purer times, especially in the Romane Church, which misinflames the minde to false Martyredome, both by depressing and trampling vppon the dignity of Princes, and maintayning euery litigious clause of Ecclesiastique immunity with our blood; And also by extolling our owne Merites, and encouraging vs thereby, to trafique, though with losse of our life, for the benefit and aduancement of the treasury of that Church; And lastly by the certaine • y, seuerenesse, and length of Purgatory, which are infallibly hereby auoided: the next thing which I present to your discourse, and consideration, is, That the Iesuites more then any other Order, claim to themselues a greater forwardnesse, and alacrity to this, and are therefore busier and apter to prouoke seuere lawes, against themselues, and to incurre the dangers thereof.

CHAP. IIII. That in the Romane Church the Iesuites exceed all others, in their Constitutions and practise, in all those points, which beget or cherish this corrupt desire of false-Martyrdome.

TIll the Iesuites haue a Pope of their owne, it will be (I hope) no Heresie, to doubt, or call in question their sanctity: they may be content yet to affoord vs (since our cause is safer) the same excuse which is allowed for Origen, Obseruationes in Cassian • m. • o. 739. Ex Collat. 19. Chrysostome, Hierome, and Cassianus, euen for maintaining a lawfulnesse in lying, That the Church had not then determined the contrary. They may fauour our weakenesse with the same helpe, which they apply to a Pope himselfe, Bell. de pont. l. 4. C. 14. §. Respo • deo. De Ioan. 22. That it was then lawfull, without danger of Heresie, for him to beleeue in earnest, that our soules should not see God, till the resurrection, because there was no Definition o • the Church in that point.

Their Charity may relieue vs with the same Indulgence, which they affoord to Senensis, who reiects some part of the Canonicall Scripture, after the determination of the Trent Councel, Because he did not reach and attaine to the force of that Canon, saies Gretzer, Gretzer def • n • Bellar. To. 1. • o. 362. §. Namquod who allowes him all these escapes, That he did it either by negligence, inconsideration, a fore conceiu'd perswasion, or some other cause, which is large enough.

2 But if euer a Iesuite come to be the Church, that is, the Pope, we shall soo • e be precluded by the Churches Definitions. And as now to doubt whether the Pope without a Councell, Bell. de Po • t. l. 1. c. 2 §. Ex h • s. may teach an Heresie, is Haeresi proximum, and so is Semi-haereticum, when a Iesuite is Pope, it will be Hyper-haereticum, and Sesqui-haereticum: for we haue beene already taught, that something may be more thenheresie, when by a new Decretall of Paul the fourth, they say, In septimo. l. 5. tit 3. c. 9. That any great person falling into Heresie or Schisme, shall for the first offence be esteemed relapsed, and be in the same desperate state, as if he had formerly iuridically abiurd the same heresie. At least, when a Iesuite comes to that Throne, as in this last volume of the Canon law, In septimo tit. 4. we haue a new title presented, De Cardinalibus, which was in none of the rest, where they are call'd, Ibid. ca 3. The principall members of the Church, constituted by the holy Ghost, And the most noble part of the Popes body, And the clearest lights, and most speciall children of the Church; Ibid. c. 2. where, to take any thing from them is called Sacrilege, and to fauour any which hath dis-fauoured them, Ibid. c. 3. or hurt them, is made Trea • on, so without doubt the Iesuites will be as indulgent to their owne Order, and we shall haue at the next croppe, when there is a new Haruest of ripe Decretals, a title, De patribus Societatis Iesu.

3 As at their first institution they were thus neere the Papacy, Histor. Ordi. Iesuit resut. a Gr • tz • ro. • o. 45. that the Order of the Theatines, of which Paulus fourth (who was at that time Pope) was either the authour, or a principall man, desired to be vnited to them, by which meanes they might haue compassed the Papacy in th • ir Cradle, so haue they of late made suspicious approaches thereunto, by admitting Cardinal shippes, and other Dignities.

4 Those of thei • Order, who heretofore refused offers of that Dignity (as you say Laynez did • rom Paulus the fourth, R • badencyra de Scrip •• . Iesuit. fo. 100. & fo. 60. and Borgia from Iulius the third) did it Constantissime: and, I beleeeue with such constancy in resistance, Tolet and Bellarmine might haue preuailed. Hee which giues rules for the institution of Monkes, forbiddes not onely Bishopp • ickes, but all acquaintance with Bishoppes: By all meanes (saith hee) let a Monke auoide women and Bishops, Cassia • us l. 11. c. 17. because both hinder Diuine Contemplation; which Rule when Iesui • es broke, and came to liue in secular and Ecclesiasticall Courts, they shewed that they were not stubborne and inexorable against these preferments.

5 And if euer they attaine the Papacy, they haue already laide good foundations for the entailing thereof vpon their owne Family, Instit. Moral. to. 2. l. 4. C. 5. § S • cundo. by Azorius his disputation, what the authority of the Pope is in designing a Successor: for he deliuers it, as the common opinion, that the forme of electing the Pope being founded vpon the Canons, it may at his pleasure be changed. So that the Pope may establish the Prouincials of the Iesuites to be the Electors.

And then descending to another question, whether the Pope himselfe may designe his Successor, Ibid. §. Tertio. hee saies, that the Canons against it cannot preiudice him, because he is aboue them, and that it is not forbid Iure Diuino; and that for matter of fact, he beleeues S. Peter did chuse Clement: but least the Popes should haue nothing to auert them from this course, before any Iesuite were Pope, and so worke an exclusion, he saies, It is not lawf • ll, Iure Naturae: that is, saies he, because natural reason informes, Ibid. §. Ex ploratum. that it were inconuenient for the Church: And, but for that inconuenience, he saies, they might cast lots for the papacy: But this inconuenience depends vpon such reasons, and circumstances, as are alterable, and when they cease, this law of nature ceases too.

Ribadeney. vbi supra. 6 And though Laynez in the vacancy after Paulus the fourth, is said by you to haue had twelue of the best voyces for the Papacy, though he were out of the Colledge of Cardinals; And in one Conclaue, Bellarmine also is said, to haue had some, yet if any Iesuite had voices enow, would his Supe • iour allow him the Religion of his vow, by which he ought to refuse it, Cerem: Sacr. Cap. De elect pont. or his naturall liberty, by which, any man that is chosen Pope, may, if he will refuse it?

7 If it were once come to that, as you are content yet, • o seeme as modest as the Carthusian, who saies, Petr • i Biolioth. Carthusia. • o 304 that he beleeues it to be a singular blessing of God, that no Carthusian hath beene Pope: you would make good hast, to reckon with the forwardest Orders, how many Popes you had had: And quickly in these accounts ouergoe the Franciscans themselues, Sedulius Apolog cont. Al • ora. l. 2 c. 11. § Innocentius. who reckon of their Order, not onely Popes and Martyres, and such po • sible things, but are so precipitate and transported with this fury, that they reckon, how many of the Apostles, Prophets, and Patriarches they haue had of their Order; So, as I thought, whilst I reade it, they would neuer haue stopped, till they had tolde vs, how many Adams and Eues had beene of their Order, and how many Iesus Christs besides S. Francis: For I vnderstand not by what other figure they vse this anticipation, and call these auncients Franciscans then that by which Serarius the Iesuit saies Herod was a great Machiauellian: Serarius. Tri • aeres. l. 2. Cap. 24 Grego. de Valent. De purgat. C. 8. and Gregorie de Valentia, that Plato might learne the doctrine of Purgatory out of the booke of the Machabees, which was written after his de • th.

8 But besides that the Iesuites decay in the hearts of Princes (which Philip the second of Spaine testified well, P • erre Mathieu His •• ire de Franc • . l 2. Nirrat. 4. because though he had great vse of their seruice, hee neuer did any thing for them) this also makes me doubt that they will neuer haue Pope, because it is already reueil'd by Christ to S. Francis: S • du • ius. Apol. l. 2. c. • 2. a. 8. that Antichrist shall come out of the family of the Franciscans.

9 This also encreases my suspicion, that they could neuer compasse, that which is much lesse then a Pope, Catalog Glor. Par. 4. Consid. 7. which is a Saint, in their family. For the Authority of the Pope is greater, then of a Saint, sayes Cassanaeus: And in his Indulgences he doth as familiarly command Angels, as the yonger Prentizes, the Exorcists, do deuils: To whom they vse this language, when any spirit possesses a body, I command Lucifer, Menghi. Flagell. Daemon. fo. 9. and all the Furies in hell, to precipitate you into hell fire presently, indispensably and • ternally, till the day of iudgement: Ide. fol. 105. And I forbid the Ayre to haue any power to receiue you.

Mat. Tortus supra la I ettera di Palmieri Romito. Raccolta. fol. 126.10 And though Tortus say, That the time of the Canonizing of the founder of that Order is not yet pass'd, and therefore hee may bee Canonized in good time (which is a poore comfort, since I neuer found any such limitation, nor that a Saint apparant, as Ignatius is, may be superannated, and grow too old to bee Canoniz'd) yet since those two great Princes, Philip the second of Spaine, and Henry the fourth of France, either out of deuotion to the Order, or for their owne ends, haue both pretended the solicitation of Ignatius his canonizing to belong to them, and both affected the honour of procuring it, the pursuite and effecting thereof hath beene intermitted and retarded. And howsoeuer for Ignatius and for Xauerius, who was also a Nauarrois as well as Ignatius, it might please those Princes, for respect to one another to forbeare any solicitation in their behalfes, yet the King of Spaine had very many subiects in • hat Order, to whom no o • her Prince pretended any such precontract or interest: and yet he procur'd the canonization of D'Alcala a Franciscane, Pierre Mathieu. Histoire de fran. l. 1. Nar. 4. and Pennafort a Iacobin, and neglected the Iesuites. And though the present Pope Paulus the fift, haue beene much solicited for the Canonizing of Gonzaga the Iesuite by the Princes of that Family (the memory of his exempler life being yet fresh, Ceparius de vita Gonzag. Epist. Dedic. and his worthinesse certified (as the custome is in preparing Canonization) by Cardinals which had commission to search therinto) yet he hath allowed him no other title then Beatus: which might haue beene giuen him without that Rescript of the Pope, as Ignatius and many other haue it: since, as Serarius saies, Litan eut. l. 2. q. 7 Custome giues that Title to those, of whose saluation there is a strong opinion, and yet are not adorned with the publique testimony of the Church.

11 Nor doe I perceiue that they are in any great forwardnesse, to get a Saint, since in canonizings after the consideration of the truth of the miracles, they fall in the Consistory to another consideration, of the sufficiency of them. And besides that, De procurand. Indo. Salut. l. 2. c. 9. your own Acosta makes vs doubt of the truth of those miracles, which are related, because he spends a Chapter in giuing reasons, why in our age, in preaching the Gospell in the Indies, there is not that strength of miracles, which was in the primitiue Church, since, as he saies there, It would preuaile very much, if it might be, those which are said to be done by you, are for the most part so poore and beggerly, and silly things in respect of the Franciscans, as betweene yours and theirs there is as much difference, as betweene Iugling and Coniuring.

12 Me thinks you should offer no more to plaie at that game, after you haue beleeued (as I hope you doe, since so fresh, and so well approoued an author as Sedulius giues new life to these miracles) That S Anthony when the heretiques refused to heare him preach, Sedul. Apol. l. 3. c. 13. Nu. 8. went to the Sea side, called the fish, which came of all sorts, staide in peace, put their heads aboue water to hearken, and at the end of the Sermon, some spoke, Idem. l. 3. C. 28. N • . 30. and some did but bow their heads, and so the Heretiques were conuerted: or that Frier Andrew to correct his appetite of eating birds, at the Table, by the signe of the Crosse, commanded them to flie away, though they were rosted.

13 And how much more luxuriant of Miracles would their Historie be, Id. l. 3 c. 24 n. 25 26.27. if they had not commanded Friar Conrade to doe no more Miracles after his death, because he was buried out of their Colledge: And if Saint Francis had not enioyn'd Friar Peter, vpon his Graue, Per sanctam obedientiam, that he should doe no more Miracles, because they were thereby disquieted with concurse of people. Of which kinds there are many Commaundements, which lessons their number of Miracles.

14 And this Philip Nerius, founder of the last Order, Vita. Nerij. fol. 488. fear'd in himselfe, and therefore hee told Baronius, that he had intreated God that he might doe no Miracles.

15 You can therefore in nothing equall that order of Franciscanes; for if you thinke to ouertake them in number, you will be farre short. Saint Francis saw at the first Chapter or meeting, Sedul. Apol. l. 2. c. 2. n. 3. sixe thousand Friers, and eighteene thousand Deuils, which Ignatius could neuer get neere, An. 1608. they were 10581. Ribad. scrip. Iesuit. in fin. except hee made it out in Deuils. For the whole number of his societie, doeth not much exceede ten thousand yet.

16 But that which is truly proper and peculiar to you, you doe earnestly and intensly, and you excell in it; which is, in kindling and blowing, begetting and nourishing ielowsies in Princes, and contempt in Subiects, dissention in families, wrangling in Schooles, and mutinies in Armies; ruines of Noble houses, corruption of blood, confiscation of States, torturing of bodies, and anxious entangling and perplexing of consciences. And to facilitate your way to these effects, you are in your institution mixt and complexioned of all Elements, and you hange betweene Heauen and Earth, like Meteors of an ominous and incendiarie presaging. You pretend to forsake the world, and to looke all vpward; But, saith Cassianus, Such renunciation is threefold; Of all temporall fortunes, and of our maners and conditions, and of our minds from all present things. But all your labour is to vnderstand the present state of Kingdomes, and where any ouerture is giuen for the Popes aduantage, and where any interposition or hinderance is interiected against his purposes. And therefore that saying of Saint Basil to a Senatour, Cassian. l. 7. c. 19. that seem'd to renounce the world, and yet retain'd part of his state, Thou hast spoyled a Senatour, and hast not made a Monke, belongs almost to all of this Order. For you are but as Eunuches; you haue lost your apprehension and capacitie of worldly Estates, yet the lust, and itche, and concupiscence, to be conuersant therein, remaines with you still.

Iesuitar. regula Commu. Cap. Examinator. 17 For this purpose you haue care in admissions, That none be receiued whose Parents bee poore, (which your Examiner hath in charge) least that should diuert them from the integritie of this seruice. For this purpose it is, That the Superiour himselfe cannot dispence to admit any deformed person, Regulae P • ouincial. 56. because you will haue men sociable, acceptable, and agreeable to companie. For this purpose your Superiours and Rectors must write euery weeke to the Prouinciall, Cap. de formula scribendi. not onely of their owne state, but of all things done amongst strangers, by the seruice of this societie. For this purpose you must haue a Proctor generall at Rome, Cap. pro curator Gener. who must buy and studie all the Rules of that Chancerie, and all t • e Breues, and Buls, which the Popes send forth. Pier. Mathieus. histoire de Fran. To. 2. l. 7. Nar. 4. And to this purpose was that attempt of the Iesuite, who (if a Catholicke Historiographer relate truely) published at Rome, That Confession by letters was Sacramentall and effectuall. Into which opinion though Vide Soto de teg. Secr • t. memb. 3. q. 4. Dub. 4. & Zambran. Cas. Cons • i. cap. 4. de poenit. Dub. 2. Sect. 5. vbi etiam est hoc Decretum • lem. 8. Nu. 31.some before had straied, yet it had receiued no such strength and authority as at that time, when it was so hotly pursued, that Clement 8. was forced to oppose a direct Decree against it, and to condemne it as false, rash, and scandalous at least. For if this opinion had beene beleeued and authorized, the secrets of all states, and passages of all Courts, had had no other Register then the breasts of Iesuites; who are so wise Apothecaries of penances, and haue so plentifull shops of those druggs of Indulgencies, that all those Princes, to whom any of them had beene Confessor, would neither open their disease, nor seeke their physicke at any other place: when they might be deliuered of the painefullest part of Confession, which is the personall shame of accusing ones selfe.

18 And that they may attend this seruice of Intelligencers: Fi • st, they haue one Rule of State, which is, Reg. Commu. 38. That they let no stranger vnderstand their Rules and Priuiledges, And their Superiours haue the prerogatiue to interpret and extend, and limit the constitutions; Sedul. Apolo. l. 2. C. 3. N. 2. whereas, for the Rule of the Franciscans, Christ himselfe was heard in the aire, saying to S. Francis, This Rule is mine, not thine, and I will haue it obserued, Ad literam, ad literam, sine glossa, sine glossa.

Bulla tertia Gretzer in Hateum. fo. 168.19 And then by one Bull they are enabled (for at their first institution they were not so) to heare Confessions, and to change vowes; And by another Bull, D'Auila de Censur. par. 2. Ca. 7. Disp 3. Dub. 8. they haue priuiledge to absolue from all censures, except those of Bulla Caenae. And by Bulla 18. Gretzer in Hatteum. l. fo. 211. another, they are licenced to practise Physique, which doth not onely giue them accesse to Death-beds, which is one of their chiefest Scenes, but excludes all others, because they are competent for all offices. And I wonder that they haue not procured a Bull, that they might be Midwifes.

20 To this purpose also of spying, Iesuit Constitut spi • it. 4. their constitu • ion bindes them to no ordinary penances, nor disciplinary m • cera • ions of the bodie: yea, that which they are content to call Indiscretam castigationem • which o • hers magnifie so much, is so much forbid amongst them, Reg. 48. that they are bound to deliuer it in confession, if euer they transgresse into it. And the Rector is to prouide, not onely against these Mortifications, but Reg. Com. ca. Rector reg. 8. against too much Deuotion, as Impedimen • s which call them from their studies And the charge which is giuen to him who is president ouer their spirituall matters, is to see, Cap prefect. Rer. spirit. That whilst they haue too much desire of Deuotion, they doe not impaire their strength: and therefore that Gonzaga of whom it is often C • pariꝰ Iesuit. de vita Gonz • g. fo. 58. & saepe. said in his life, that hee shortned his life with such discipline, Fo. 84. laying sharpe chips betweene his sheetes, Fo. 83. whipping himselfe with Iron chaines, and Fo. 84. putting spurres betweene his Dublet and his flesh, before he came into the Rules of the Iesuites; wonne, and ouercame his Father and Mother, to encline to his purpose of entring this Order, because they sawe, Fo. 154. That this Order would be wholsome for his body, and not allow him such seuerity.

21 For priuiledges of Addition, they ha • e by Bulla. 13. Gretz fo. 195. one Bull all the immunities of the Mendicants, which are very many and aduantageous, because thereby they must be receiued, as they trauell into any religious house: And by Bull. 17. Gretz fo. 207. another Bull, at one liberalitie, the priuiledges of all Orders, are extended to them.

22 And for Exemptions, they are deliuered by Bull. 15. fo. 197. one Bull from keeping their howres in the Chappell; and by Bull. 19 f. 217. another from attending at Procession: and by Bull. 7. fo. 186. another dispenced from fastes, and forbidden meates: and by their Re • u •• • •• ouincial. 84. Rule bound to no habite • and by Bull. 16. fo. 198 another Bull, licensed to read all bookes; which is so great a libertie in that Church, that in the Septims, there is In s • ptimo. l. 5. Tit. 4. c. 6. a Decree of Gregory the thirteenth forbidding euen Arch-Bishops, and Kings, and all persons, but the Inquisitors, to read Hereticall bookes, vppon paine of Heresie.

23 If therefore, as in their Constitut. spirit. 36. Constitutions they call themselues, they be but Cadauera, they are either such corrupt and putrified carcasses • as in • ect and enuenome all places where they reside, or such Carcasses, as euill spirits haue assumed to walk about in: and if they be (as they say there) but Bacula senis, This old man is the pope, whon they cannot put off, and they are such staues, as haue swords sheathed in them, and such as wound and bruise, euen the inwardest marow of Kingdomes.

24 For this purpose is that obedience to their Superiours, wherein Ignatius wils his Disciples to exceed (Let Epist. Ignatij ad fratr in Lusita. vs, saies he, suffer our selues to be exceeded by others, in fastings, and in watchings, and such; but let our marke be, an abdication of the will, and iudgement.) And so he giues them good blinde Counsaile, for their beleefe, and for their actions: As to beleeue what the Catholique faith teacheth, so be you carried with a blinde violence of obeying, whatsoeuer your Superiour commands. And though their Superiour command nothing expresly, yet they are bound once in a weeke, to say one Masse, to the Intention of the Generall, Reg. Commu. ca. Missa. though they know not what it is. And of this generall intention the Center, and Basis is, the aduancement of that Sea, about which these plane • a • y Mon • es, haue their course and reuolutions.

25 Olde Monkes were vsed heretofore to be but Coasters, houering about their owne Cloyster; fur • h • r then the Contemplation of Heauen, which was the Bible, and of t • e starres, which were the deuout interpreters therof, guided them, they did not easily venter: except some storme of dispu • ation or passion transported them: But the Iesuites in this laterage haue found the vse of the Compasse; which is the Popes will, and • ow they haue not the patience to be Fishers of men • but they are Merchants of Kingdomes, and Pyrates both of spirituall and temporall tre • sure. But the eies of a foole, Pro. 17.24. are in the corners of the world, saith Salomon. And euen the desire of going • o the Indies (which is their best pretence) if we beleeue the life of Nerius, was corrected in him, Vita Phil. Nerij fo 110. by an apparition of S. Iohn the Euang. who tolde him, Rog • la B • nedict. c. 1. That Rome was his Indies, for there was matter enough for his instruction, and his example to worke vpon.

26 And of foure sorts into which they vse to diuide Monks, which are Caenobites, who keepe their Cloyster, Eremites who aduenture into a Solitude, Sarabaits, who by their workes keepi • g still their contract with the world, haue dissembled with God, per tonsuram, and lastly, Gyrouagi, who all their liues wander through diuers Prouinces, the Iesuites seeme guilty of transg • essing in both the last waies. For, besides the Pallaces, and abundant possessions, which they haue as they are Corporations, Onely they of all sorts, are not in their particular incapable of inheritances which deuolue vpon them, by their triple vow made before the Gouernour of that Conuent, till they confirme it againe in a generall Chapter. Ren. Choppinus de iu • e Coe • obi. .2. tit. 3. n. 9. Quod ita iudicatum, (sayes a French Lawyer) Mirabundus accepi.

27 The Franciscane Friar Giles, did so much abhorre all temporall prouisions, Seduli. Apolo. l. 2. c. 6. n. 7. that hee told Saint Francis, hee did not like the Antes, because they tooke such paines to prouide victuals for Winter. And when a Friar told Saint Francis, Ibid. n. 14. that hee came, A Cella Tuâ, when he heard the word Tu • , he would lie no more there. But the Iesuites haue not so much deuested themselues of Proprietie, but that they may haue proprietie in tempor • ll possession: Yea, they will haue Proprietie in Treas • n; and will haue proper and singular Plots of their owne, and not ioyne with your Priests, Watson and Clarke, in their Plot, nor bee Traytors in common with them.

28 This is their arrand; and for this, like him, who imployes them, Iob 2.2. They compasse the Earth, too and fro. Nor are they more like the Circulatores, and Circumcelliones, Danaeus in Aug. de Haeresib. c. 69 Prateolus verbo Circu • tares Alf. Castro. verbo Ecclesia, & Martyrium. a limme of the Donatists, in this their vncertaine running about, then in that other qualitie of theirs, to vrge and importune, and force men to kill them, and if they could not extort this from others, then to kill themselues, and call all this Martyrdome. For onely of this vicious inclination of Iesuits to an imaginarie Martyrdome, I purpos'd to speake in this Chapter; but that being occasioned by the way, to deale with men of a various vncertaine Constitution and Nature, I haue taken part of their fault, and as a Phisitian comming to cure, sometimes receiues some of the Patients infection, so spe • king of their running and wandring, I haue strayed somewhat from the directnesse, and strictnesse of my purpose.

29 Therefore to pursue it now, they are so much more intemperate and importunate vpon this Pseudo-Martyrdome, then any others; by how much they are more seuere maintainers and encreasers of those Doctrins of the Roman Church, which we noted to beget this inclination. For when the spirit of God awaked certaine Reformers of his Catholicke Church, of which the Romane Church had long time beene the head, that is, the Principall and most eminent, and exemplar member (for I am euer loth, to seeme to abhorre, or abstaine from giuing to that Church, any such St • les and Titles, as shee is pleas'd and delighted in, as long as by a pious interpretation thereof, her desire may thereby be satisfied in some measure, our Churches not iniur'd nor preiudiced, and the free spirit of God, which blowes where it pleaseth, not tied nor imprison'd to any place, or person) at that time, I say, these seruants of God, and of his Church, had no pu • pose • o runne away from her, and leaue her di • eases to putrifie and • ester within her bowels. Nor did they vncouer her nakednesse • out of any petulancie of the • r owne, nor proclaime her filthinesse to defame or diminish her dignitie. But with the li • ertie of a Midwife, or Phisician, or Confessor, they suruey'd her secre • est infirmities, they drew to the outward and visible parts, that is into consideration, her inwardest corruptions, and so out of that duetie, were enfo • ced to looke into and bee conuersant about her Ordures, and other foulenesses, and could not dissemble nor forbeare, earnest, and bitter informing her of her owne distemper and danger, which was a worke of more zeale and humilitie, then those childish obediences, which you so much extoll in your Disciples, of sweeping Cobwebs and washing dishes.

30 And they proceeded so wis • ly, and temperately, and blessedly herein, that in a short time many of her swellings were allay'd, and her indurations somewhat mollified, as appeares by the Colloquies, and consultations in many places, • or a moderate and manerly way of purging her corruptions. For certainely her diseases were not then so much in question or doubt, as whether it were for her honour, to be beholden to so meane Pe • sons for health, as these beginners were: Or for her • afetie to trust her selfe in such Phisicians hands; for now diuers secular • r • nces were come to giue their ass • stance. And as some diseases produce so violent and desperate Symptomes, as the Physician must sometime neglect the maine originall Dise • se, and attend onely to cure the Accidents: So, though the Doctrine of Purgatorie, were at that time no member of the body: That is, no part of the Catholicke faith • but seru'd that body onely for Nayles to scrape and scratche together, Those spirituall Physicians busied themsel • es much, to paire those Nayles which defaced the beautie and integritie of the whole body, and so to slacken that griping hold, which they had taken vpon mens estates and Consciences, by • he terrour of Purgatorie, and ver • ue of their indulgences.

31 And as to both sides, there appear'd euidently in the Doctrine of Merits, as the Schoolemen (which then Gouern'd • n the Church, by reason of the discontinuance of Councels) had sawced and di • guis'd it, many abominations, derogatorie to the Passion of our Blessed Sauiour: So did they all confesse, in • he Doctrine of Purgatory so many mixtures of coniecturall, incredible, impossible fables, as might haue scandaliz'd and discredited any certaine trueth by • heir Addition. But when on the one side, the Reformers encouraged by this entrance, thought they might proceede fu • ther, and so offered to dissect and anatomize the whole Church, and thought to fill euery veine, and restore and rectifie euery Sprane and dislocation, and to take off euery Mole, and paire away euery Wemme, and to alter euen the fashion of her clothes, so that all, both substance and ceremony came in question: And the Romane Church on the other side, foresaw her precipitation, that if they stop'd not at the toppe, they could not at the middle of the hill, thought it better not to beginne, then not to know where to end, and so mistaking the medicine to be worse then the disease, departed from further consultation, iustified their corruptions, and by excommunications put away those seruants, which had done them these offices, and whom now they call Schismatiques and Heretiques, for departing from that Church, which would affoord them, not onely no wages, but no other roome, then a fire.

32 And then, as all recidiuations and relapses, are worse then the disease, vpon this relapse, came the Councell of Trent, which did couer and palliate some of these vlcers, and promised the cure of the rest, though they neuer went about it yet; And then the Iesuites, who crie that all there is health and soundnesse, and that there is none any where else yea that the Church was borne thus, and that she is as well, as she was in her Cradle, and that whatsoeuer she thinkes, or saies, or does is by a diuine power, inherent in her; as though there had beene sowed in her at first certaine seedes of Iure Diuino, which now in our age, by the cultiuating, and watering, and industry of the Iesuites must fructifie and produce in her, all these effects. For they will abate nothing; their consciences are as tender and delicate, Baron. Martyrolo. 21 Oct. ex Lind • no. as the ground at Coleyne, where some of S. Vrsulaes eleuen thousand Virgines are buried, which will cast vp againe in the night, any that is enterred there, except shee were of that company, though it be a childe newly baptized: So the Iesuites stomaches cannot indure this, that the Popes should be great by Priuiledges of Princes, or Canons of Councels: but all must be Iure Diuino. So that that note, which the law casts vpon some Aduocates, will lie heauie vpon the Iesuites, Par. de puteo. De Syndic. c. de excess. Aduocator nu. 15. They are too carefull of their cause, and therfore they are presum'd to inuent falshood.

33 For though it be hard for any man to goe further on the left hand, then the Councell of Trent hath done, in these two doctrines of Merite and Purgatrry, and euery Catholique be bound to that Councell, yet as in most other Doctrines, so in these also, Pelargus hath noted the Iesuites to haue gone beyond others, Pelargus de Nouo Iesu • tismo 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 aff • ightment in it, yet ha • 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 th • 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 accu • 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 • urnish themselues, haue as much force against the truth, as the subtilties of the Iesuites, but that these men a • 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 • orbidding our bookes. And as Ribadeneyra sayes of their Father Ignatius, l. 4. C. 18. 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 them • for so one of them sayes, Spongia pro Iesuitis. cont. Equit. Polon. fo. 20 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 pa • t of the Oath of the Grecians, against Xerxes, that those Temples which the barbarous Armie had demolished, Muretu • . Variar. L • ct • on. l. 3. C. 10. 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 iniu • ie to Princes: They may be as poore as they will, till they come to that state, if they desire it, Vita eius. • o. 591. which Nerius begd of God, That he might lacke a pennie, and no body might giue it him, They may be as chaste, Gretz. in Hasenmill. fo. 118. 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 we • e, De Institut. Renuntiant. l. 4. C. 10. who durst not presume, without leaue of their Superiour, Naturali necessitati satisfacere; Or as that Friar Iohn, Idem. l. 4. c. 24. 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; Sedul. Apolo. l. 2. c. 5. N. 5. 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 Supernumer • ry Vow of the Iesuites, by which they doe especially oblige themselues to the Popes will, do • h in the nature, and Essence, and scope thereof, make them enemies to the digni • 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 stale, and obsolete names, of positiue Diuinity, or Controuerted, or Schoole Diuinitie; and haue reduced all to Crowne Diuinity.

42 And yet they account the handling of these points, to bee but a dull and obuious learning in their Colledges, as though any man were able to resolue questions against Princes • 〈1 paragraph〉 for they haue a Rule, that they which are vnapt for greater studies, shall study cases of conscience.

43 So also of the Immunitie of the Church, out of which, if it be denied to be by the Indulgence of the Prince, issues and results presently the dimunition of the Prince, they haue written abundantly, and desperately. So haue they of the Institution of a Prince; Mariana de R • ge. l. 1. c. 7. of which, one of them writing and presuming and taking it as vulgarlie knowne, that it is lawfull in some cases to kill a King, is carefull to prouide, least when you goe about to kill him, by putting poyson in his meat or drink, you make him, though ignorantly, kill himselfe. So haue they also of Militarie institution many Authors; and of as many sciences as concurre to publique affaires.

44 And with such bookes as these they allure and catch ambitious wits; which hauing had a lower and darker breeding in schooles and vniuersities, haue some hunger of reading state learning, in any forme, much more, where they shall finde it more freely debated vpon, then if they had had place at twentie Councell Tables, or Conspiracies. And as Auerroes is saide to haue killed Auicen, Bin • feld. de Confess S • g •• um. fo 216. by anointing the booke which hee knew the other would read, with certaine poison: and as it is said, that what • oeuer flew ouer the Iewes Targum, Pet. Galatin. de verit. Christ. l. 1. • . 3. whilst the authour thereof was compiling it, was scorched with the beames therof, so doe these bookes of theirs enuenome and catch hold of all such, as bring in themselues anie desire to come within too neere a distance of them.

45 And of all these kindes of bookes, without doubt we should haue had many more, but that, as the gatherer of all the writers of the Carth • sian Order, not daring to slippe and leaue out the present Generall Bruno, Petrei Bibliothe. Carthus fo. 35. and finding no books of his making, saies, That since he hath an excellent wit, and singular learning, • e could write many bookes if he had leisure, and in the meane time, hee tooke care that the missall should be printed in a faire character and delicate paper: So the Iesuites, since • hey haue a vow to binde them to it, and a na • urall disposition to incline them, could wri • e more booke • to this purpose, but that they are continually exercised in disposing actuall plots: And yet in the meane time they take care, that the Popes Breues be procur'd, promulged, conceal'd interpreted, or burnt, as the cause may be most benefited and aduanced.

46 And I do not remember, that I haue found in the Approbation of any Iesuits booke, this clause which is so ordinary, in most of the workes of other men, Nihil fidei contrarium, aut bonis Moribus, aut Principibus: Spongia contr. Equit. po • on. f. 78 And yet they say, that in printing their bookes, there is great caution and diligence vsed, and that they passe the hands of men most intelligent, and of mature iudgement: but, as it seems by this remarqueable omission, no good subiects nor fauourers of Princes.

47 If they doe thus much when they are Serui papae, what will they doe when they are famuli? which diffrence I learned out of the Missal, Missal. Roma. ex Decret. Con. Trid. restitut. where a Bishoppe must pray, vnd cum me indigno Seruo tuo; but the Pope, Famulo: For he may well be said to be in Ordinary with God, since he is one Ordinary with him; Specul. vtrius que Dignit. c. I. n. 34 Idem. c. 18. n. 7. for so saies Aluares, God and the Pope haue one Consistorie: and in another place, All cases reserued to God, are reserued to his Vicar: so that by that Rule, what euer God can do, in disposing the matters of this world, the Pope also can do: for there he saies, out of Hostiensis, that that direction, Dic Ecclesiae, if the Pope sinne, who cannot be complain'd of, is ment, Dic Deo, vt conuertateum, aut Dic Ecclesiae Triumphanti, vt oret pro eo.

48 So when Bellarmine who had done sufficiently for the Pope, whilst he was but a Seruant, that is an Ordinarie Iesuite, came to his familiarity, and housholde seruice, by being a Cardinall in the Consistorie, and so grew more sensible of the Papacy, being now himselfe, as they speake, Papabilis, he takes al new occasions, to extoll his Master, and his Throne and Sea: And hauing manie yeares neglected his owne defence, and answered such great men as opposed him, onely with such Proctors as Gretzer, and Eudaemo-Ioannes, vnprouoked he rises vp in the Venetian, and in the English cause, to establish by new bookes, the new Article of Temporall authority in the Pope. And since that, Binius To. 4. fo. 512. as Aeneas Syluius, retracted all which he had written before for the Basil Councell, when he came to be Pope: so Bellarmine when perchance hee would be Pope, hath made a new • uruay and Recognition of all his workes; in which, as though he had beene too moderate before, in al those places, which concerne this question, he hath expressed a supple and variable conscience, a deiect slauerie to that Sea, and a venemous malignity against Princes; of which it seemes to me expedient to present a few examples.

49 I allow not now, saies Bellarmine, that which I said before, De pont. l. 4. c. 8. §. probatur. That Infidell Princes may not be depriued by the Church, of that Iurisdiction which they haue ouer Christians: for though Durandus doe probably teach so, against Saint Thomas, and I then followed his opinion, yet now the authority of S. Thomas preuailes more with me. Yet he had seene and considered both their reasons before.

50 In another place he saies, Now I allow not that which I said before, that Paul appealed to Caesar, as to his Iudge. De pont. l. 2. c. 29 §. secundo. De Clericis l. 1. c. 16. § postea. And after, Whereas I said, that Popes vsed to be chosen by Emperours, the word Emperour, potest & forte debet deleri: For (saies he) I followed Gratians Canons, which, as I learned since, are not approued • And againe, when I said That the Pope was subiect to the Emperour, De Concil. l. 1 c. 13. § Quarta. as to his temporall Lord, I meant De facto, not De iure: and this course he holdes in that booke of Recognitions.

51 And here we may conuen • ently conclud • this Chapter, of the Iesuites speciall aduancing all those doctrines, which incite to this Martyrdome, after we haue produced some of their owne testimonies of their inordinate hunger thereunto, and of the causes for which they affect it.

52 One of their spirituall Constitutions is, That euery one of that Order must thinke that Christ spoke to him when he said, 〈◊〉 . 4. he that doth not hate his owne life, &c. And so they make an obligatorie precept, to binde at all times, of that which vvas but a direction for our preparation and readinesse to suffer for his sa • e.

53 Ribadeneyra names two Iesuites in the • n • dies, which being sicke in bedde, when they might haue escaped, Catalog. Sc •• p. Ies • it. • o 100. came forth halfe naked, and voluntarily offring their throates, were slaine. And hee saies that Simon Acosta (one of the fiue brothers, who were all of this Order) declared himselfe to bee a Iesuite, when • e was not knowne, that he might be put to death. And so Aquauiua, being pursued, refused a horse, by which hee might haue scaped, F • . 196. and chose rather to die, then ride. And yet this was amongst Infidels, where the Haruest was great, and the worke-men few: which kind of intemperance hath beene formerly condemned out of their owne authors.

54 But of this point it is enough to relate the wordes of him, who speakes in the person of all the Iesuites; who cals himselfe Clarus Bonarscius, but is vnmask'd and disanagrammatiz'd by his fellow, who calls him, Carolus Scribanius, Ribadeneyr. Catal. Script. Iesuit he saies, That the Scaeuolaes, the Catoes, the Porciaes, and the Cleopatraes, are nothing to the Iesuites: For they (saies he) lacked courage, Amphitheatrum Honoris l. 1. c. 4. § Primo. Ad multas mortes, And in a fewe yeares, he saies, they haue had three hundred Martyres: Therefore he saies, that they of that Order doe violently teare out Martyrdome, rapiunt spontanea irruptione; Fo. 41. and, Crederes Morbo adesos: and for what causes do they this? Least the rest of their life should be barren of merites, and passe away emptie of glorie: and then hee passes to them who haue died in England; and as in these men, this hunger of false-Martyrdome, goes euer together with blasphemy against Princes, there he heapes Eulogies vpon Campian, and reproaches vpon that sacred Prince, for treason to whom he perished, whom this wretch dares call Anglicanam Lupam, and after, Saeuientem Caluinianam lupam: Fo. 44. and after this he saies, That when they come to this Order, they bargain vpon this condition, vt liceat prodigere animas, hostili ferro. In which, I thinke, he relates to that Oath, which they take in the Colledge at Rome, by a Constitution of the Pope; that they shall returne into England, Baron. Martyrolog. Decemb. 29. to preach the Catholique faith publiquely there: which Oath Nauarrus saies bindes them so strictly, that they are disabled to enter into any rule of stricter religion, though that were a further degree of perfection, Nauar. De Regular. Consil. 1. but must necessarily returne into England: Of which oath we will say no more, but onely repeat Baronius his Panegyrique, and incitatorie encouragement, speaking thereof: The holy societie in her safe sheep-folds hath fatted you, as innocent lambes for this Martyrdome, and she sends you forth to triumphes, and aduances you to Crownes. Be therefore couragious and valiant, you who haue vowed and betrothed your blood by an Oath: for my part, I enuie you, that are design'd and apparant martyres, and wish that my end may be like yours. And what he assignes for one cause of this Martyrdome, to which he prouokes them, and congratulates their interest therein, we declared out of his words before in the shutting vp of the last Chapter, which was Defence of Ecclesiastique immunity; that is debasing, and diminishing of Princes.

And thus we haue gone one steppe further: and to the former, which were, That the desire of Martyrdome might be vicious, & that, as the Roman authors obserue in the first times, it had beeene so; and, That by the Romane doctrine it must of necessity be so, vve haue added now, that the Iesuites more then any, inflame thereunto.

CHAP. V. That the Missions of the Pope, vnder Obedience whereof they pretend that they come into this Kingdome, can be no warrant, since there are lawes established to the contrarie, to giue them, or those which harbour them, the comfort of Martyrdome.

IN the end of the second Chapter, I mentioned a Canon of the Eliberitane Councell; And as in that place it had this vse and office, to shew that the intemperate and inopportune affectation of Martyrdome, needed a restraint in some, too aemulous thereof, by Eulalines Example, So may it very properly and needfully haue a place here, because it showes the reasons, why certaine men were not receiu'd for Martyrs, by the Church.

2 And the Authoritie of this Councell is of great force, as well by reason of the puritie of the time, in which it was celebrated, which was about three hundred and fiue yeeres after Christ, and twentie yeere before the Nicene Councell, as especially, in this point of Martyrdome, because it was held in continuing Persecution, and when the danger was imminent in those parts, in which the people needed direction and instruction • And also, because now there is no doubt of the genuine integritie of this Councell. De Imagin. l. 2. c. 9. For, though Bellarmine imputed some errou • s to it, as being too seuere against such as had slipp'd in time of Persecution, and Baronius spoke sometime of it, Ann. 55. n • . 119. Somewhat freely au • sh • rpely, saye • Binius, yet after that, Ann. 305 nu. 42. he changed his opinion, and hee, and Biniu • , haue now redeem'd all the Canons of that Councell from any imputation.

3 Of which Canons, this is the sixtieth: That they which breake the Idols of the Gentiles, and are sl • ine by them, shall not be receiued in • o the number of Martyrs. Because, this is not written in the Gospell, nor found that it was euer done by the Apostles. So that by the opinion of that Councell, that onely is a sufficient cause to intitle and interest a man in the Crowne of Martyrdome, VVhich was found written in the Gospell, or practised by the Apostles. And is there any thing found in either of them, which may be a precedent to this mission? Mat. 3.14. Christ appointed twelue, whom hee might send to Preach; but what? Luke 9.2. The Kingdome of God. And assoone as Saule had an inward mission, the Text sayes • Straightwayes he Preached euen in the Synagogue. Act 9.12. But what? Hee Preached Christ; And what did hee Preach of him? That he was the Sonne of God; And that it was hee that was ordain'd of God, Act. 10.42. a iudge of quicke and dead: And • as himselfe sayes, of his practise after, We preach Christ crucified. But this mission from Rome, 1. Cor. 1.23. is not to Preach Christ, but his Vicar: Not his kingdome of Grace, or Glorie, but his title to Temporall kingdomes: Not how hee shall iudge quicke and dead at his second comming, but how his Vicar shall inquire, Examine, Syndicate, Sentence, Depose: yea, Murder Princes on earth: Not Christ crucified, languishing for vs vnder Thorns, Nayles, Whippes & Speares, but his Vicar enthron'd, and wantonly groning vnder the waight of his Keyes, and Swords, and Crownes.

4 Christ said to those whom he sent, VVhat I tell you in darkenesse, Matth. 10.27. that speake you in light, and what you heare in the eare, that Preach you on houses, and feare not them that kill the body. And if no other thing were told you in darknesse, and whisper'd into your ears, at your missions hither, then those which our Sauiour deliuer'd to them, you might be as confident in your publicke Preachings, and haue as much comfort of Martyrdome, if you died for executing such a Commission. But what your instructions deliuered in darkenesse, and told in your eares, are, appeares now enough, by Inspection, by Confession, Martyrolog. Decemb. 29. by Testimonie, by Practise, by Analogie of your doctrine, and by Baronius words, That you are sent hither to defend the immunities of the Church, which deliuers you from all subiection to the King, and from being Traytors whatsoeuer you attempt: as also to defend the Catholicke Faith, which first makes it heresie to depart from the subiection to Rome, and then makes it a forfeiture of all Iurisdiction to incurre that heresie. Except this be written in the Gospell, or practised by the Apostles, you cannot be Martyres for this.

5 But to descend to reasons of a lower nature, of the law of Nations, Alf. Aluares spec. vtri. Dig. c. 31. N. 1, 2, 3, & 12.16, 17. & ca. 41.12. Azor. Mor. Iust. par. 2. l. 4. c. 18. & par. 1. l. 8. ca. 24. and conueniency and decency; since all those which maintaine the Spanish Expeditions, and proceedings in the Indies, by the strength of the Popes Donation, concurre in this, That into what place soeuer the Pope, or any Princes may send Priests, they may also send Armies for the security of those Priests, and them whom they haue reduced: and since it is euident by all your Writers, that the Pope hath more Iurisdiction ouer Christian Princes relapsed from Rome, then ouer Infidels, might hee not for safe-guard of his Apostles, sende Fleetes and armies hither? and is it not the common and receiued opinion, which Maynardus deliuers, that in all cases where the Pope may enioyne, De priuileg. Eccles. Ar. 10. n. 25 or commaund any thing, he may lawfully proceede by way of warre, against any that hinder the execution thereof. If then such armies and Fleets were sent to conduct you, and were resisted in their landing, or defeated in battell; had not they as good title to Martyrdome as you? and may not the Pope as well Canonize the whole Spanish Fleete, which perished in 88. for your Catholique faith, and Ecclesiastique immunitie? since in many cases, Commen. in Mat 1. in fine. as in the Innocent children (of whom Hilary saies, that they were exalted to eternity, by Martyrdome) one may bee an implicite Martyre, though he know not why he died, so he haue no actuall reluctation against it.

6 And it is very probable, that their title was b • tter then yours, for this point of sending, because they were vnder the obedience of them which sent th • m: but for you, (not to dispute now whether the cause be enough for Martyrdome, or whether your obedience can giue it that forme, and life, and vigour) you are so farre from being sent, or from exercising any obedience in this act, that your first step, which is going out of the kingdome, is absolutely and euidently disobedience to your Prince, before you haue any colour of hauing submitted your selfe to any other superiour; and then you enter into the Colledge, vppon condition that you may returne, and you ta • e an Oath before hand that you will returne: So that you returne not hither in obedience of your Superiour, but in performance of your owne vniust, and indiscreete Vowes: both which, in all Vowes, are Annulling or vitiating circumstances. Neither dooth this Oath so farre binde you to returne, (though Nauarrus say so) but that one of the learnedst of the Iesuites, thinkes, If that be forborne, and some Order of Religion embraced in stead thereof, Azor. par. 1. l. 11. c. 5. §. Animaduertendum. the oath is better performde.

7 And, if these lawes which take holde of you, when you returne hither, had been made betweene the time of your vowe, and your returning: and if they had beene made directly to that end, to interrupt and preclude the performance of this Vow, yet naturally they would worke the same effect vpon this Vow of yours, and make it voide, because something was now interpos'd, which may iustly, yea ought to change your purpose: For if that law had beene made before, your Vowe had beene vniust from the beginning; which is the case of as many of you, as haue gone since the making of those prohibitory lawes. For a law which forbidds vpon paine of losse of goods, Sayr. Thesau. Cas. Consc. l. 3. c. 7 nu. 25. death, banishment, or such, bindes a man vpon paine of mortall sinne; and therfore no Vow can iustifie the breach thereof.

8 All this, if the lawes be iust, is euident and without question, and how could it be euident to all those yong Schollers which went ouer, and made this vowe, that these lawes were vniust? What infallible assurance could they haue of this, to excuse them of disobedience in going, or indiscretion in swearing?

9 Their owne men teach, that the lawes of Princes are not therefore necessarily vniust and voide, Alf. Castro de potest. l • gis. l. 1. c. 5. Docuna. 1. because the Prince had an ill intention in making them. As if the Prince propose and purpose particular gaine, by exacting the penalty of the law, or reuenge vpon certaine persons, by executing thereof; this makes not your law voide, so that it be profitable to the bodie of the Common-wealth: much lesse were our l • wes in this case, subiect to that • railty, and de • eseablenesse, because they were made (to omit in this place the principall inducement, for the glorie of God, and preseruing his Gospell i • purity and integrity) in such necessities, as without such defence, the person of the Prince, and the ciuill and Ecclesiast • que state, must haue • uffered daily, and dangerous fluctuations, and perils of shipwracke; which dangers continue vpon vs yet; and therefore the same physick must be continued.

10 For Lawyers teach vs, that the word Potest, doth often signifie Actum: Bartol. Dig. Indi. Sol. le. 4. §. Sireus. And what the Pope may do, their bookes threaten in euery leafe: and then against such a man a • vseth to doe as much as hee threatens: Aluares spec. v • r Dignit. c. 41. n. 10 ex multis alijs. the Lawyers tell vs, any defence is lawfull, euen to the taking away of the threatners life: For hee which hath iniured one, hath threa • ned many • And against such all waies of defence are iust, Gent. de Iure belli. l. 1. c. 14. when any danger (to vse the extent of Lawyers) are Meditated, Prepared, Likely, or Possible, for it is a beggerly thing, rather to be beholden to others modestie and abstinence, then to our owne Counsaile and strength for our securitie. So that, as when the three Emperours, Cod. Theodos. de Ep. & cler. •• . 20. Valentinian, Valens and Gratian, had made a lawe, that no Ecclesiastique person should haue any capacity to receiue from noble women, who were then obserued to bee profu • e in these liberalities, to the detriment o • their own estates, and of the publique, Saint Hierome 〈◊〉 , Epist. ad Nepotia Hee did not grieue that such a law was made, but that the couetousnesse of the Clergy had occasioned these most religious Princes to make that law: So you ought rather to lament, that the Doctrine and practise of some of your principall men, hath raised these iealousies and suspitions in a Prince, out of the conscience of his owne equalitie naturally confident, then murmure at the law, or dis-councell the obedience to it.

11 For in these cases of naturall preseruation, it is not onely lawfull to make new lawes, but to breake any other, which are not directly Diuine. And if you impute the worst condition of these lawes, which malignitie can obiect to them, which is, that those Catholiques, which are innocent, which meerely out of conscience, abstaine from communicating with vs, in the Word and Sacraments, shall be vtterly starued and depriued of all spirituall sustentation, if the lawes which forbid all Priests to enter, should be still executed; yet that inconuenience will not annull and make voide a law, so farre, as that to doe against it shall be a iust cause of Martyrdome: for in making of lawes, those euils which doe occasionally or consequently a • ise from the execution thereof, Aluares spec. vtr. d • g • i. c. 41. n. 7. must not be considered, but what the principall intention of the law-maker was: Which, in our case was, the preseruation of the publique.

12 And yet the Catholiques in England shall for all this be in as good condition here, as they should be in any Catholique Countrie, which were by the Popes displeasure vnder a locall Interdict; which the Popes doe often impose, with small respect to the Innocents • for in the late businesse betweene the Church and the State of Venice by the Popes Breues, the whole Dominion was Interdicted, because the Senate, which onely was excommunicated, did not within three daies do all those acts, which were so derogatory to the Soueraignty of that State. And so, that punishment, which is so seuere, by the Canons, that as Boniface the eight obserued,

De sent. Excom. Alma mater in sexto.

Verbo, In • urgunt

It occasions many Heresies and indeuotion, and many dangers to the soule: And, as the Glosse saies there, by experience it appeared, that when a place had lien long vnder an Interdict, the people laughed at the Priests, when they came to say Masse againe; was inflicted vpon many Millions of innocent persons: all which, if that State had not prouided for their spirituall food by staying the priests, had bin in as ill case by that Interdict, and euocation of the Clergie, as the Catholiques in England were by those lawes of interdicting their entrance, considering with how much lenitie in respect of their extreame prouocations, they were executed. And if that reliefe which Vgolini giues to comfort the Venetians consciences, be of any strength, which is; that that which they loose in spirituall sustenance, De Int •• d. Ver. §. 1. nu. 11. they gaine in the Merite of obedience, it may as effectually worke vpon English Consciences, as it could vpon theirs.

13 No • is it so harsh and strange, as you vse to make it, that Princes should make it Treason, to aduance some Doctrines, though they be obtruded as points of Religion, if they inuolue Sedition, and ruine or danger to the State; for the Law sayes, Dig. ad Ley. int. Maiest. tit. 4. l • • That is Maiestatis crimen, which is committed against the securitie of the State; and in that place, it cals Securitie, Tranquilitie: And whether our Securitie and Tranquilitie haue not beene interrupted by your doctrine, your selues can iudge, and must confesse.

14 These Lawes against which you complaine, drewe not in your Priests which were made in Queene Maries time, though they were Catholicke Priests, and exercis'd their Priestly function; and though they had better meanes to raise a partie in England, because they were acquainted with the state, and knew where the seedes of that Religion remain'd: But in that Catholicke Religion of which they were Priests, they found not this Article of Tumult and Sedition, and withdrawing Subiects from their obedience.

15 Is there not a Decretall amongst you, I • 70. tit. 4. c. 3. by which it Is made Treason to offend a Cardinall? which is a Spirituall offence; For it is also Sacriledge. And is • here not another b • which A •• practisers by Simoney in a conclaue, Ibid. tit. 3. c. 3. though they be Ambassadours of other Princes, are punished as Traytors? And if their Masters seise not their goods, confiscate by this Treason, within a certaine time, the Church may. Doeth not one of your owne Sect v • ge a Statute in Poland, against a Gentleman of that Nation, Spongia Contra. Eq. Polon. fo. 29. That whosoeuer shall be infected or suspected of heresie, shall be apprehended as a Traytor, by any man though he bee no Officer? And we Dispute not now whether your Doctrine be Heresie, but whether such points of Religion, as are no Articles o • Faith, nor deriued from them, if they be Seditious, may not be punished as Treason, and properly enough call'd Treason. Epist. ad Norimbergens. In which Pius the second ha • h clear'd vs and giuen vs satisfaction, who sayes, That to appeale to a future Councell, is not onely Heresie, but Treason. And Simancha concurres to that purpose, w • en hee sayes, Ench • rid. Ind. tit. 56. nu. 5. That they which haue beene teachers of Heresie, cannot be receiued though they recant in Iudgement, because it is enough to forgiue one fault, but such are guiltie of two deaths, and must bee punished, as enemies to the State; And that therefore he whi • h attempts to corrupt the King or his Queene, or his Children with Heresie, is guiltie of Treason.

16 And that there is a Ciuill trespasse in Heresie, as well as a Spirituall, appeares by confiscation of their goods in your Courts; which goods and temporall detriments, though the offenders bee pardoned, and receiu'd into the bosome of the Church, and so the Spirituall • offence be remitted, are neuer to be restored • no • repai • d. If therefore the Canon Lawe can extend to create Treason in a Spirituall cause • If amongst you, as it is Heresie to beleeue, • o it is Treason to teach, that there is no Purgatorie, shall it not be lawfull to a Soueraigne and independent State, to say by a Law; That he which shall teach, That a Priest cannot be a Traytor though he kill the King: and except a King professe intirely the Romane Faith, he hath lost all title and Iurisdiction, and shall corrupt the Subiects with such seditious instillations as these, shall be guiltie of Treason?

17 The Parliament of Paris in that Arrest and sentence, by which it condemn'd • he Iesuites Scholler Cha • tel, who attempted to murder the K • ng, makes it Treason to vtter those scandalous and seditious words • which hee had spoken, and which he had receiu'd from False and damnable instructions (where • n it intim • tes the • esuites, whom the • entence in other pl • ces, name, directly) which words are expressed or impl • ed almost in all the Iesuits Boo • es of State matters: That sentence also pronounces all the Iesuites Cor • upters of youth, • roublers of the Peace, enemies of the King and State, And if they depart not within certaine daies, Guiltie of Treason. And this sentence pronounces, That if any of the Kings Subiects, should send his Sonne out of the Realme, to a Iesuites Colledge, hee should incurre treason.

18 And though your Expurgatorie Index can reach into all Libra • ies, and eate and corrupt there more then all the Moathes and Wormes, though you haue beene able to expunge, yea euert, and demolish the Pyramis erected in detestation of you by this Arrest, yet your Deleatur will neuer stretch to the scarre in the Kings face, nor your Inseratur restore his Toothe, nor your expunctions arriue to the Recordes which preserue this sentence.

19 And came it (thinke you) euer into the opinion of the Catholickes of France, that if a man by vertue or example and precedent of this Arrest, had beene Executed as a Traitor, for speaking those forbidden words, or for sending his Sonne to the Iesuits, he should haue beene by the Catholicke Church reputed a Martyr?

20 When the Iesuits were lately expell'd from Venice, and when other Priests which stai'd there, were commanded by Lawes to doe their functions, did either the Iesuites apprehend this opportunitie of Martyrdome, and come backe, or did the Priests find such spirituall comfort in transgressing this Law, that they offred to goe out?

21 And in all our differences, which fell out in this Kingdome betweene our Kings, and the Popes, when so many capitall Lawes were made against Prouisions and Appeales, (not to dispute yet whe • her de Iure or de facto only, or whether by way o • Introduction, or Declaration) doe you finde that the Catholiques then vsed the benefite of those lawes, to the procurement of Martyrdome? or hath the blood of any men executed by those lawes, died your Martyrologes with any Rubriques? And yet those times were apt enough to countenance any defender of Ecclesiastique immunity, though with diminution of Ciuill and Secular Magistracie, as appeares by their celebrating of Becket: ye • I find not that they affoorded the title of Martyre to any against whom the State proceeded by the Ordinary way and course of law.

22 Why therefore shall not the French, and Italian, and olde English lawes giue occasion of Martyrdome in the same cases, as these new lawes shall? At least why should Campian, and those which were executed before these new statutes, be any better Martyres then they? since they were as good Catholiques as these, and offended the common law of England in the same point, as these. But if the Breach and violating of the later statutes, be the onely or liueliest cause of Martyrdome, then, of Parsons, who euery day of his life doth some act to the breaking thereo • , it is verie properly said by one of his owne sect, R • baden. Catal. scrip. Ies • it. • o. 109. That hee is per totam vitam martyr.

23 And this may suffice to remember you, that you intrude into this emploiment, and are not sent, and that our Lawes ought to worke vpon your Oath, of returning to the annihilation thereof, because both the necessit • e of the making and continuing • hereof and the precedents of our owne, and other Catholicke Kingdomes, giue vs warrant to make seditious Doctrine Treason, and your owne Canons and I • dica •• re giue vs example, and (if we needed it) Authoritie to proceede in that maner.

CHAP. VI. A comparison of the Obed •• nce due to Princes, with the seuerall obediences requir'd and exhibited in the Romane Church; First, of that blind Obedience, and stupiditie, which Regular men vow • to their Superiours: Secondly, of th • t vsurpe • Obedience to which they pretend by reason of our Baptisme, wherein we ar said to haue made an implicite surrender of our selues and all that we haue, to the Church; And thirdly of that Obedience, which the Iesuits by a fourth Supernumera • ie vowe, make to be dispos'd at the Popes absolute will.

THere hath not beene a busier disquisition, nor subiect to more perplexitie, then to finde out the first originall roote, and Source, which they call Primogenium subiectum, that may be so capable of Power and Iurisdiction, and so inuested with it immediately from God, that it can transferre and propagate it, or let it passe and naturally deri • e it-selfe into those formes of Gouernement, by which mankind is continued and preserued; For at the resolution of this, all Qu • stions of Subiection attend their dispatch. And because the Clergie of the Roman Church, hath with so much fierce earnestnesse and apparance of probablenesse, pursued this Assertion, That that Monarchall forme, and that Hierarchie, which they haue, was instituted immediately from God; Many wise and iealous Aduocates of Secular Authoritie, fearing least otherwise they should diminish that Dignitie, and so preuaricate and betray the cause, haue said the same of Regall power and Iurisdiction. 〈…〉 Ciu • . nu. 3. And euen in the Romane Church a great Doctor of eminent reputation there, agrees (as he sayes) Cum omnibus sapientibus, That this Regall Iurisdiction and Monarchie (which word is so odious and detestable to Baronius) proceedes from God, and by Diuine and naturall Law, and not from the State or altogether from man. And as we haue it in Euidence, • o we haue it in Confession from them, that God • ath as immediately created some Kings, as any Priests. And Cassanaeus thinkes this is the highest Secular Authoritie that euer God induced: Catal. Glor. 〈◊〉 Consid. 23. For he denies That old or new Testament haue any mention of Emperour.

2 But to mine vnderstanding we iniure and endanger this cause more, if wee confesse that that Hierarchie is so Immediately from God as they obtrude it, then we get by offering to drawe Regall power within the same Priuiledge. I had rather thus farre abstaine from saying so of either, that I would pronounce no farther therein, then this, That God hath Immediately imprinted in mans Nature and Reason, to be subiect to a power immediately infus'd from him; and that hee hath enlightned our Nature and Reason, to digest and prepare such a forme, as may bee aptest to doe those things, for which that Power is infus'd; which are, to conserue vs in Peace and in Religion: And that since the establishing of the Christian Church, he hath testified abundantly, that Regall Authoritie, by subordination of Bishops is that best and fittest way to those ends.

Tannerus de •• bert. Eccles. l. 2. cap. 5.3 So that, that which a Iesuite said of the Pope, That the Election doth onely present him to God, wee say also of a King; That whatsoeuer it be, that prepares him, and makes his Person capable of Regall Iurisdiction, that onely presents him to God, who then inanimates him with this Supremacy immediately from himselfe, according to a secret and tacite couenant, which he hath made with mankinde, That when they out of rectified Reason, which is the Law of Nature, haue begot such a forme of Gouernement, he will infuse this Soule of power into it.

4 The way therefore to finde, what Obedience is due to a King, is not to seeke out, how they which are presum'd to haue transferr'd this power into him, had their Authoritie, and how much they gaue, and how much they retain'd; For in this Discouerie none of them euer went farther, then to Families; In which, they say, Parents and Masters had Iurisdiction ouer Children, and Seruants; and these Families concurr'd to the making of Townes, and trans • err'd their power into some Gouernour ouer them all.

5 But, besides that this will not hold, because such Sauadges as neuer rais'd Families, or such men as an ouerburdned kingdom should by lot throw out, which were peeces of diuers families, must haue also a power to frame a forme of Gouernement, wheresoeuer they shall reside, which could not bee if the onely roote of Iurisdiction were in parents & masters; This also will infirme and ouerthrow that Assertion, that if parents and masters had not this supreme Soueraignty, which is requisite in Kings, they could not transferre it into Kings, and so Kings haue it not from them: And if they were Soueraignes they cold not transfer it, • or no Soueraigne can deuest himselfe of his Supremacie.

6 Regall authority is not therefore deriued from men, so, as at that certaine men haue lighted a King at their Candle, or transferr'd certaine Degrees of Iurisdiction into him: and therefore it is a cloudie and muddie search, to offer to trace to the first roote of Iurisdiction, since it growes not in man. For, though wee may goe a steppe higher then they haue done which rest and determine in Families, which is, that in euery particular man considered alone, there is found a double Iurisdiction of the soule ouer the body, and of the reason ouer the appetite, yet those will be but examples and illustrations, not Rootes and Fountaines, from which Regall power doth essentially proceede. Sepulueda, whom I cited before, saies well to this purpose; De regn. & reg. offi. l. 1. That the soule doth exercise, Herile Imperium vpon the body: and this can be no example to Kings, who cannot animate and informe their Subiects as the soule doth the body. But the power of our reason vpon our appetite, is, as he saies pertinently, Regale Imperium; and Kings rule subiects so as reason rules that.

7 To that forme of Gouernement therof for which rectified reason, which is Nature, common to all wise men, dooth iustly chuse, as aptest • o worke their end, God instils such a power as we wish to be in that person, and which wee beleeue to be infused by him, and therefore obey it as a beame deriued from him, without hauing departed with any thing from our selues.

8 And as to the end of this power, is alwaies one and the same, To liue peaceably and religiously, so is the power it self though it be diuersly complexioned, and of different stature; for that naturall light and reason, which acknowledges a necessity of a Superiour, that we may enioy peace, and worshippe God, did consent in the common wish and tacite praier to God, and doth rest in the common faith and beliefe, that God hath powred into that person all such authority as is needefull for that vse; Therefore of what complexion soeuer the forme of gouernement be, or of what stature soeuer it seeme, yet the same authority is in euery Soueraigne State: thus farre, That there are no Ciuill men, which out of rectified Reason haue prouided for their Peaceable and religious Tranquility, but are subiect to this regall authority, which is, a p •• er to vse all those meanes, which conduce to those endes.

9 For those diffrences which appeare to vs in the diuers • ormes, are no • in the essence of the Soueraignty, which hath no degrees, nor additions, nor diminutions, but they are onely in those instruments, by which this Soueraignty is exercised, which are ordinarily called Arcan • , and Ragion di st • to, as I noted before • and as the soule it selfe, hath as good vnderstanding in an Idiote, and as good a memory in a L • thargique person as in the wises • and liueliest man; So hath this Soueraignty in ••• ry state equall vigour, though the Organes by which it workes be not in all alike dis • osed. And therefore the gouerne • e • t amongst the Iewes before Sa • le, was fully a Kingdo • e in this accep • ation: nor did they attend any new addition to this power, Sepul • ed. de regn. & reg. offi. l. 2. • o. 91. in their solicitation for a King: but, because they were a people accustomed to warre, they wished such a Soueraigne as might lead their Armies; which office their Priestes did not; and they grudged that their enemies should be conduced by better persons then they were.

10 And so, though some ancient Greeke states, which are called Regna Laconica, because they were shortned and limited to certaine lawes, and some States in our time seeme, to haue Conditionall and Prouisionall Princes, betweene whom and Subiects, there are mutuall and reciprocall obligations; which if one side breake, they fall on the other, yet that soueraignty, which is a power to doe all things auaileable to the maine end • s, resides somewhere • which • if it be in the hands of one man, erects and perfects that Pambasilia of which we speake.

11 For God inanimates euery State with one power, as euery man with one soule: when therefore people concurre in the desire of such a King, they cannot contract, nor limitte his power: no more then parents can condition with God, or preclude or withdraw any facultie from that Soule, which God hath infused into the bo • dy, which they prepared, and presented to him. For, if such a company of Sauadges, or men vvhom an ouerloaded kingdome • ad auoided, as vve spake off before, should create a King, and reserue to themselues a libertie to reuenge their owne wrongs, vpon one another, or to doe any act necessary to that end, for which a King hath his authority, this liberty were swallowed in their first acte, and onely the creation of the King were the worke of rectified reason, to which God had concurr'd, and that reseruation a uoide and impotent act of their appetite.

12 If then this giue vs light, what and whence the Kings Iurisdiction is; we may also discerne by this, what our obedience must be: for power and subiection are so Relatiue, as since the King commaunds in all things conducing to our Peaceable and Religious being, wee must obey in all those. This therefore is our first Originary, naturall, and Congenite obedience, to obey the Prince: This belongs to vs as we are men; and is no more changed in vs, by being Christians, then our Humanity is changed: yet hath the Romane Church extolled and magnified three sorts of Obedience, to the preiudice of this.

13 The first is, that which they call Caecam obedientiam: which is an inconsiderate & vndiscoursed, and (to vse their owne word) an Indiscreete surrendring of themselues, which professe any of the rules of Religion, to the command of their Prelate and Superior; by which, like the vncleane beasts, They swallow, Deu. 14. and neuer chaw the cudde: But this obedience proceeding out of the will and electio • of them, who applie themselues to that course of life, cannot be of so great authority and obligations, as the other which is naturall, and borne in vs; and therefore, farther then it agrees with that; it is not out of rectified reason.

14 And though it seeme scarce worthy of any further discourse, yet I cannot deny my selfe the recreation of suruaying some examples of this blinde and stupid obedience, and false humility, nor forbeare to shew, that by their magnifying thereof, and their illations thereupon, not only the offices of mutuall society are vncharitably pretermitted, but the obedience to Princes preiudic'd and maimed, and the liuely and actiue, and vigorous contemplation of God clouded and retarded.

Cassian. Collat. 24. c. 9.15 For when a distressed Passenger intreated a Monke to come forth, and helpe his Oxe out of the Ditch, was it a charitable answere to tell him, That he had bin twentie years dead, & in his graue, and could not now come forth? Yet it may seeme excusable in them to neglect others, if this obedience make them forget themselues; as certaine youthes whom their Abbot sent with Figges to an Ermit, Id • m de Instit. Ren • n • . c. 40. l 4. loosing their way, sterued in the Desart, rather then they would eate the Figges, which they were commanded to deliuer. Ibid. l. 4. c 27. & 28. Is it likely that when Mucius a Monke, at the commaund of his Abbot, who bid him cast his crying sonne into the riuer and drowne him, did in the feruor of obedience obey it, God should reueale, Idem. Collat. 4. c. 20. That in that acte, he accomplished Abrahams worke?

16 Are these wholsome instructions, That it is a greater pride to doe a good worke against the Superiours commaund, then a bad, because they are vices vnder pretence of vertue? Climachus Scala. parad. Grad. 4. or this, That it is better to sinne against God, then our spirituall Father, because he can reconcile vs to God, but no body to him? Which doctrine it seemes Heli had not accepted, when he said, If one man sinne against another, the Iudge shall iudge it, bu if a man sinne against the Lord, 1. Sam • 2.25. who will pleade for him? How many grea • er matters must they of necessity leaue vndiscussed, that professe such tendern • sse and scrupu • osity of conscience, Cepaciꝰ de eius vita. fo. 196. as the late Iesuit Gonzaga, w • o doubted that when hee had said he would goe, Ad Domum professorum, he had sinned in an idle word, since he might haue beene vnderstood well enough though he h • d left out the last wordes? Fo. 242. or that he had sinned in answering affirmatiuely to his S • periours question, whether he would go to a certaine place, because he ought to haue left it all to his Superiours will, without any affirmation? Was it due and necessa • y obedience, when desirous to be instructed in that point of Predestination, Fo. 244. and his Superiour turning to a place in S. Augustine, and bidding him read there, being come to the end of the page, but not of the sentence, he durst not turne ouer the leafe, because he was bid to read there?

Apol. l. 3. c. 1.17 Sedulius seemes glad that he had examples enough to furnish a Chapter, De simplicita • e Minoritarum; and hee seemes to haue much comfort that he is of the same order, as Friar Ruffin was, who out of simplicity cut off a liuing Ho • ges foote, to dresse for a sicke bodie, and • odde his Birds in the feathers: who also out of his humility, desired that he might stinke when he was d • ad, and that he might be eaten with dogges. Idem. l. 2. c. 2. n. 2. And he saies that Friar Iuniper was so simple, Ide. l. 3. c. 14. n. 2 that a Doemoniaque possessed man, ranne seuen miles from him, because the diuell could not abide Patientiam Iuniperi.

L. 2, c 5, n. 7.18 Was it not Prodigium Obedientiae, as Sedulius iustly calles it, in Fryar Ruffin to go preach naked? And were there not some degrees of spirituall pride in Gonzaga, Vita eius fo. 100 who is praised because he had a paire of patched hose in Delicijs? and that he refused to put on a paire of old bootes, Fo. 306. because a worshipfull man had worne them? Fo. 326 and that when his handes did cleaue with colde, he would put on no gloues? Was there not some measure of stupid insensiblenesse in him, when he durst not spit in any necessity at his praiers; Fo. 225. and that he knew not how many brothers he had? Fo. 191. And of desperate prouocation, when he heard of a plague likely to be in those parts, to make a vow to visit those which were infected? Fo. 360. And of murmuring, when he grudged and grieued, Fo. 220. That he could find out no veniall sinne in himselfe? And of Inhumanity, when he was sorry, Fo. 346. if any body loued him? And of a sear'd and shamelesse Stubornenesse, Fol. 335. when he therefore desi • 'd to speake in publicke, because hee had an vng • acious and ridiculous imperfection in pronouncing the letter R. And ask'd leaue, Fol. 288. E suggestu dicere, (which, I thinke, is to Preach) in Spanish, because he was sure to be laugh'd at by that meanes, being imperfect in that language? Fol. 187. And doeth it not taste of an vnnaturall Indolencie in him, to say no more at the newes of his Fathers death, but that nowe nothing hindered him from saying, OVR FATHER WHICH ART IN HEAVEN; As if it had troubled his conscience, to say so before?

19 Who would not haue beene glad, Sedul. Apolo. l. 3. c. 6. n. 1. that such a Preacher should giue ouer, as when Friar Giles a Lay man, call'd to him, Hold your peace Master, for now I will Preach, gaue him his place? Who would wish S. Henrie the Dane any health, Engl. Martyro. Ianua. 16. that had seene him, When wormes crawled out of a corrupted Vlcer in his Knee, B. Dorotheus. Doctrina. 7a. put them in againe? Or who would haue consented to the Christian buriall of that Monke, which Dorotheus speakes off, if he had died of that Poyson, which hee saw his Seruant mistake for Honie, and put it into his Brothe, and neuer reprehended him, before nor after he had eaten the Soppes: But when his Seruant apprehended it, and was much mooued the master pacified him with this, If God would haue had me eate Honie, either thou shouldest haue taken the Honie, or hee would haue changed the Poyson into Honie. Relatione di Diego Torrez. Edit. Venet. 1604 fo. 5. Who would euer haue kept companie with the Iesuite Barcena, after he ha • told him, as • e told another Iesuite, This Iesuite died in Cusco An. 1598 That when the diuell appeard to him one night, out of his profound humilitie, hee rose to meete him, and prayd him to sit in his Chaire, because he was more worthy to sit there then he? Who would wish Father Peter aliue againe, Sedul. Apolo. l. 3. c. 24. n. 26. since being dead, he is so afraid of disquieting his fellowes, that he will giue ouer doing of Miracles, for their ease? Or who would not wish them all dead, who possessing and filling all good places in their life, will bee content to giue some roome after their death; Id. l. 3. c. 25. n. 1 • as Friar Raynold, who hauing beene three yeres dead, when another Holy man was brought to be buried in the same Vault, rose vp and went to the Wall, and stood vpright there, that the other might haue roome enough.

Id. l. 2. c. 5. n. 8.20 This is that Obedience by which they say, If a man were dignified so much as to talke with Angels, if his Superiour call'd him, he must come away; Yea, one of them Being in discourse with our Lady, when an inferiour Friar call'd him, vnmannerly quitted her. And of this Obedience is Ignatius himselfe especially caref • ll, Epist, ad fratres in Lusitan. Least (sayes he) that famous simplicitie of blind Obedience should decay. But this Obedience, and all other, are subordinate to that naturall Obedience to your Prince, Extra. de Iu • , Iur. su • ficiat. Glo. as Soueraigne controller of all: For in all Obligations the Authoritie of the Superiour is euer excepted.

21 And this Obedience must not be so blind, but that it may both looke vpward, what God, in his Lieuetenant appoints to bee done, and also round about to see, wherein they may relieue others, and receiue from them. They may be circumspect, though they must not be curious. For Abbayes, at first institution, were not all Chappels but Schooles of Sciences, and Shops of manufactures. Now they are come to that, that they cannot worke, Regul. Benedict. c. 48. Declarat. Quia Officia longa. They haue indeede so many Offices, and so many Officers, that they neede not worke. But this strict obedience was impos'd vpon them then, because they were great confluences of men of diuers Nations, Dispositions, Breedings, Ages, and Employments, and they could be tied together in no kno • so strongly, nor meete in any one Center so concurrently, and vniformely, as in the Obedience to one Superiour; And what this Obedience was, and how farre it extended: Aquinas, who vnderstood it well,22. ae. q. 104. Ar. 5. ad 3m. hath well express'd, That they are bound to Obey only in those things which may belong to their Regular conuersation. And this vse and office, that obedience which is exhibited in our Colledges, fulfils and • atisfies, without any of these vnnatural, childish, stupid, mimique, often scandalous, and sometimes rebell • ous singul • rities.

22 Any resolution which is but new borne in vs, must bee abandon'd and forsaken, when that obedience which is borne with vs, is requir'd at our hands. In expressing of which trueth, Saint Bernard goes so exceeding farre, Ser. 3. de R • surr. Domini. as to say, That Christ gaue ouer his purpose of Preaching, at the increpation, Mulieris vnius, & fabri pauperis: And because his Mother chid him, when shee found him in the Temple, from twelue yeeres to thirtie, we find not, sayes hee, That hee taught or wrought any thing, though this abstinence were contrarie to his determination. So earnest is that deuoute father, to illustrate our Blessed Sauiours obedience, to a iurisdicton which was Naturally Superiour to him. And therefore this submission, by our owne Election, to another Superiour, cannot derogate from the Prince, nor infirme his Title to our Alleageance or obedience.

23 Another obedience derogatorie to Princes, they haue imagined, connaturall, and congenite with our Christianitie, as this is with our Humanitie, and conducing to our Wel-being, and ou • euerlastingnesse, as this doeth to our Being and temporall tranquilitie; which is, An obedience to the Romane Church, and to him, who must bee esteem'd certainely the Head thereof, Azor. Mor. Instit. To. 2. l 4. c. 7. § Deinde. though sometimes he be no member thereof.

24 Certainely the inestimable benefits which wee receiue from the Church, who feedes vs with the Word and Sacraments, deserues from vs an humble acknowledgement, and obedient confidence in her: yea, it is spirituall Treason, not to obey her. And as in temporall Monarchies, the light of nature instructs euery man generally, what is Treason, that is, what violates or wounds or impeaches the Maiestie of the State, and yet he submits himselfe willingly to the Declaration and Constitutions, by which somethings are made to his vnderstanding Treason, which by the generall light he apprehended not to be so dangerous before; So in this case of spirituall Treason, which is Heresie, or Schisme, though originarily, and fundamentally, the Scriptures of God informe vs, what our subiection to the Church ought to be, yet we are also willing to submit our selues to the lawes and decrees of the Catholique Church her selfe, what obedience is due to her. He therefore that can produce out of eyther of these Authentique sorts of Records, Scripture, or Church, that is, Text or Glosse, any law, by which it is made either High Treason, Heresie, not to beleeue, that in my baptisme I haue implied a confession, That the Bishop of Rome is so monarch of the Church, that he may depose Princes; or petit Treason, that is Schisme, to adhere to my naturall Soueraigne against a Bull of that Bishop, shall drawe me into his mercy, and I will aske Pardon, where none is graunted, at the Inquisition.

25 Else it is most reasonable (and that is euer most religious) to relie vpon this, That obedience to Princes is taught by Nature, and affirm'd and illustrated by Scriptures. If the question be, how much this obedience must be, I must say, all, till it be proued, either that Peaceable and religious being be not all the ends, for which we are placed in this world, or that the authority of Kings, exercised by the Kings of Israell and the Christian Emperours, is not enough to performe these endes. For, to say that a King cannot prouide for meanes of saluation of soules, because he cannot preach, nor administer the Sacraments, hath as much weakenesse, as to say, hee cannot prouide for the health of a City, because he cannot giue physicke.

26 Till then, I shal be deterr'd from declining to this second obedience, by the contemplation of many inconueniencies, and impieties resulting from thence; first, by the vastnes of that Iurisdiction: For since they haue taught vs to say so, Extrau. Com. de Maior: & Obed. vnam sanctam Addit. we may say, Dominus non esset discretus, vt cum reuerentia eius loquar, if he had laid the cure of the whole Church and the iudgement of all matters emergent, Bertr •• Respondeo & dico. of fact and faith, vpon one man; which he hath done, if Pesantius say true, That the Pope is, Iure Diuino, directly Lord of all the World: which booke is dedicated to the present Pope, Alex. Pesant. de immunit. Eccles. & potest. pont. pag. 44 who by allowing it may iustly be thought to fauour that opinion.

27 How much it is, that they would entitle him to, Ind. Belg • fo: 86 appeares by their expunction of a Sentence in Roselli a Catholique, though a Lawyer, That it is hereticall to say, that the vniuersall temporall administration is, or may be in the Pope: vpon which booke mine eye fals often, because you haue beene so lauish and prodigall in those expunctions, that a man might well make a good Catechisme, and an Orthodox Institution of Religion, out of those places, which you haue cast away. And by this one place we see what you would haue, For if the vniuersall administration of temporall matters be in the Pope, what neede is there of Kings? Simancha de Rep. l. 3. c. 7. ex Stobao. You would soone forget kings, or remember them to their ruine; and looke that kings should do to you, as condemned men are said to haue done to the kings of Persia, to thanke them that they were pleased to remember them. Azor. To 2. l. 4 c, 19. § Mihi And Azorius will not pardon their modesty, that say, that the Pope in dealing with temporall matter • vses but a spirituall power (though this in effect worke as dangerously) but he vseth (saies he) Absolutely and simply a temporall Iurisdiction.

28 And what can impeach this Vniuersall Iurisdiction, since al matter and subiect of Iurisdiction, that is, all men, may by their Rules be vnder him, by another way, that is, by entring into Religion: for first, De libert. Eccles. l, 2: c: 1 Tannerus the Iesuit saies, If Princes had their authority immediately from God, yet the Pope might restraine that authority of theirs, Maynardus de priuileg. Eccles. Ar. 16. Nu 2. that it should fall onely vpon Lay-men: For, saies another, He may take from the Emperour, all his Iurisdiction, therefore any part thereof. And as many as will (saies Bellarmine) may without the consent of their Prince, Bell. de Cler. l 1 c. vlt yea though he resist it, thus deuest their Allegeance, as they might resist their parents if they should hynder them.

29 And in contemplation of this Vniuersall Iurisdiction, which might be, if it be not, in the Pope; Tannerus l. 2. c. 12, in fine: the Iesuite whom we first named, breakes out into this, congratulation: If at this instant all the Princes and all their subiects, would enter into Religion, and transferre all that they had into the Church, would it not bee a most acceptable spectacle to God, and Angels, and Men? Or (as he saies before) if their estates were so transferr'd to the Church, though not their persons, could not Ecclesiastique Princes rule and gouerne all these lay men, as well as they doe some others already? But because, as hee doubts in that place, Hoc in aeternum nunquam fiet, that all Laymen will come vnder them, they haue prouided that all Clergie men which be vnder them, shall be safe enough, De Institut. l. 1: c: 10 as welll by way of Counsell (for so Mariana modefies his Doctrine, that the Prince should not execute any Clergy man, Aphor. confes. verb. clericus though hee deserue it) as by positiue way of Aphorismes, as Emanuel Sâ doth, That they are not subiects, nor can doe treason: and by way of Fact, and publique troubling the peace of al Christendome, as appeared by their late attempt vppon Venice for this Exemption.

30 And as the immensnesse of this power auerts me from beleeuing it to bee iust, so doeth this also decline me, that they will not bee brought to tell vs, How he hath it, nor How hee got it. For as yet they doe but stammer, and the Word stickes in their iawes, and wee know not whether, when it comes, it wil be Directly, or Indirectly. And they are as yet but surueying their Euidence; they haue ioyn'd no issue; nor know we whether they will pleade Diuine Law, that is, places of Scripture, or Sub diuine Law, which is interpretation of Fathers, or super diuine law, which is Decretals of Popes. But Kings insist confidently, and openly, and constantly vpon the law of Nature, and of nations, & of God, by all which they are appointed what to do, and enabled to do it,

31 Lastly, this infames and makes this Iurisdiction suspicious to me, to obserue what vse in their Doctrine and Practise they make of this power. For when they haue proceeded to the execution of this Temporall power, it hath beene either for their owne reall and direct profit and aduantage, as in their proceeding with the Easterne Emperours: And drawing the French Armies into Italy, and promouing and strengthning the change of the family and race of the Kings in France, or else the benefit hath come to them by whose aduancement that Church growes and encreases, as in the disposing of the Kingdome of Nauarre; Or at least, the example and terrour thereof magnifies the dignitie, and reputation of that Church, and facilitates her other enterprises, for a good time after, as a Shippe that hath made good way before a strong winde, and vnder a full Sayle, will runne a great while of her selfe, after shee hath stricken saile.

32 VVhen any of these reasons inuite them, how small causes are sufficient to awake and call vp this temporall Authoritie? The cause why Childerique was deposed,15. q. 6. Alius. was not, sayes the Canon, for his Iniquities; but because he was Inutilis. And this was not, sayes the Glosse, because hee was Insufficient, for then hee should haue an assistant, and coadiutor; but because hee was Effeminate. So that the Pope may depose vpon lesse cause, then hee can giue an assistant. For to bee Insuficient for the Gouernement, is more directly against the office of a King, then to bee subiect to an infirmitie, which concernes his humanitie, not his office.

33 And when the officers and Commissioners of the Romane Court, come to Syndicate Kings, they haue already declar'd, what they will call Enormities and Excesses, Paris de puteo de syndi • . Ca. de Excess • Regum. by inuoluing almost all faults, whether by Committing or Omitting in generall words; As, When he doeth not that for which he is instituted; when he vseth his prerogatiue without iust cause, when he vexes his Subiects; when he permits Priests to kisse his hands; when he proceeds indiscreetly, and without iust reason; And lastly, For any such hunting as they will call intemperate. To which purpose they cite against Kings generally those Canons which limit certaine men, and times, and maners: And which, as the Glosse sayes of some of them, Dist. 86. qui venatoribus. are meant De venatione arenaria, When men out of vaine-glorie, or for gaine, fought in the Theaters with wild beasts. And least any small errour in a King might escape them, they make account that they haue enwrapp'd and pack'd vp all in this, That it is all one, Par. de Put. ca. Rex autem. whether a King bee a Tyrant, or a Foole, or Sacrilegious, or Excommunicate, or an Hereticke.

34 This obedience therfore which we neither find written in the tables of our Hearts, nor in the Scriptures, nor in any other such Record, as either our aduersary wilbe tried by, or can bind vs, must not destroy nor shake that obedience which is Naturall and Certaine. In Io. l. 12. c. 56. Cyril hath made this sentence his owne, by saying it with such allowance, It is wisely said, That hee is an impious man, which sayes to the King, thou dost vniustly. Much more may wee say it of any, that affirmes a King to bee naturally impotent, to doe those things for which he is instituted; as he is, if he cannot preserue his Subiects in Peace and Religion, which the Heathen kings could doe; whose Subiects had a Religion, and Ministers thereof, who wrought vpon men to incline them to Morall goodnesse here, and to the expectation of future blessednesse after death, though not by so cleare nor so direct waies as Christian Religion doth.

35 The king therefore defends the Liberties of the Church, as the nature of his office, which he hath acknowledged, and Declar'd, and seal'd to his Subiects by an Oath, binds him to do, if he defend the Church of England from foraine vsurpation. And a most learned and equall man hath obserued well, Casub. de lib. Eccles. fol. 46. That in the differences betweene Gregorie the seuenth, and the Emperours, the defence of the liberties of the Church, was the title and pretence on both sides • Azor. Instit. Moral. To. 1 l. 5. c. 14. in fine. And since a Iesuite hath affoorded vs this confession, That the Prince hath this Authoritie ouer Bishops, that hee may call them as Peeres of • is Realme, And since their Clementines, or the Glosser, De sent. & re indic. Pastoralis Glossa. yeeldes to vs, That a Church Prelate may bee a Traytor, because hee holdes some temporalities: how can they escape from being • ubiect in all other cases; since their naturall and n • tiue obedience is of a stronger obligation, then the accepting or possessing of these Temporalities: for, if • ure Diuino, the Character of Order, did obliterate and wash out the Character of ciuill Obedience, and subiection, the conferring of any temporall dignity or possession, could not restore it; for vnder color of a benefit, it should endammage and diminish them, when a little Temporall honour or profit shall draw their spirituall estate and person to secular • u • i • d • ction: • or, as Azorius will proue to vs, the king may call a Bishoppe as a Baron to the Parliament, and as the Canonist will prooue to vs, he may call him to the Barre as a Traytor.

36 To recollect therefore now, and to determine & end this point, the title which the Prince hath to vs by Generation, and which the Church hath by Regeneration, is all one now. For we a • e not onely Subiects to a Prin • e, but Christian Subiects to a Christian Prince, and members as well of the Church as of the Common-wealth, in which the Church is. And as by being borne in his Dominions, and of parents in his alleageance, we haue by birth-right interest in his lawes and protection: So by the Couenant of Almighty God to the faithful and their Seede, by being born of Christian Parents, we haue title to the Sacraments; which the king (to whom, as all the kingdome is his house, so al the Clergy are chaplaines) ta • es care, that they duly administer to vs which are his sonnes, and • eruants.

37 Nor dooth the king and the Church direct vs to diuers ends, one to Tranquility, the other to Saluation, but both concurre in both: For wee cannot ordinarily be saued (which seemes to be the function of the Clergy) without the exercise of morall vertue here in this life, nor can Christians do those morall vertues (which seeme to bee the Princes businesse) without faith, and keeping the right way to saluation, because a Christian must doe them Christianly.

38 For though Theologall vertues, Faith, Hope, and Charity, are infus'd from God, yet all religious worshippe of God is morall vertue. As therefore the office of all Heathen Princes, was to conserue their subiects in the practise of morall vertue, so farre as it was reuealed to their vnderstanding; So is it now the office of Christian Princes to doe the same. For God hath now so farre enlightned vs to the vnderstanding of morall vertue, that we see thereby, that after God hath infused Faith, wee make sure our saluation, by a morall obedience to the kings Gouernement, and to their Ministery whō his prouidence appoints ouer vs for our instruction. So that Christiā subiects need no higher power then kings are naturally indued and qualified withall, to direct them to Saluation; but • because morall vertue is now extended, not in it selfe, but • o our vnderstanding • or pe • chance perfited (for the Fathers denie often, that the Philosophers had any true morall vertues) Christian kings must now prouide lawes, which may reach as far in their d • rection, as morall vertue reaches now; and Ministers, that may teach vs how farr that is, and to conserue vs in the obseruation therof: For as, when all things are in such sort wel composed and establ • shed, and euery subordinate Wheele set in good order, we are guilty of our owne damnation, if wee obey not the Minister, and the Minister is guilty of it, if hee neglect to instruct vs, so is the Prince guilty of our spirituall ruine, and eternall perishing, if hee doe not both prouide able men to giue vs spirituall foode, and punish both their negligence and our transgressions: So that hee is to account to GOD for our soules, and therefo • e must haue naturall meanes to discharge that duety well, or else could not be subiect to such a reckoning for his transgressions therein.

39 The last Obedience which I intimated, as preiudiciall to this of kings, is that which the Iesuites vowe to the Pope; which is not the same blind Obedience, which I spoke of before for the Iesuits sweare that also to their Superiours, before they come to the perfection of this: But, as that is blinde out of darkenesse, so this is blinde out of dazeling. For they must be instruments in matters of State, and disposing kingdomes.

40 When some Priests in England were examined, what they would thinke of the Oath of Alleageance, if the pope should pronounce that it were to be held De fide, that hee might depose Princes, they desired to be spared, because they could not pronounce De futuris Contingentibus. But these votaries, the Iesuites are not so scrupulous; They can resolue to execute whatsoeuer he shall commaund: perchance they thinke the Pope so much God, (for Iesuites must exceede in euerything) that in him, as in GOD, there can bee no Contingency. And therefore vowing their trauell and labour, to the corrupting and aliening of subiects, to the combustion or translation of Kingdomes, to the auiling and eradication of Princes, they do not vow De futuris Contingentibus, but of things euer constantly resolued in the Decree, and Counsell, and purpose of the Bishop of Rome.

41 Though therefore Mat. Tortus: be no Iesuite himselfe,

S • pr • . la. le • tera de palmieri Romilo.

Nella Roccolta fo. 183.

yet in respect of his Master, who was one, I wonder he durst say, That the Iesuites made no other vow of obedience to the Pope, then other religious Orders did; which is such an excuse in their behalf, as no accusation could offend them so much; since their ambition is to serue the Pope by a neerer Obligation then the rest: which appeares euidently enough, in the Bul of Paul the third, where this fourth vow is repeated.

42 And is it not a stange precipitation to vow their helpe to all his errours? of which they confesse he may commit many in matter of Fact, by mis-information. So that they sweare to execute that, which they are not bound to beleeue to be well commaunded: yea they are not bound to beleeue, that he which commaunds them, is that person whose commaundements by their vow they a • e bound to doe, and yet they must do them. Simancha. Ench • r. Iud. Tit. 5. nu. 3. For though they bee bound to obey the Pope, Yet they are bound to beleeue that Paul the fift is Pope: because those Elections haue many vitiating circum • tances, which annuls them. For if they could be certaine, that the Election were free from all other corruptions, yet that Decretall in the Septimes, Li. 1. To. 3. c. 1. of Simoniacall Election, must of necessitie keepe all indifferent men in continuall anxietie and perplexitie. For, if any thing by any Cardinall, were giuen, or promis'd before, though the Election be by way of Assumtion and Adoration, when all concurre in it, which they call, Viam spiritus Sancti, and therefore not subiect to errour, Yet there is a Nullitie in this Election, and the holy Ghosts confirmation workes nothing vpon it, And the Person elected, hath neither spirituall nor temporall Iurisdiction, but looses all the dignities which he had before, and becomes incapable euer after; And no subsequent Act • of Inthroning, Oathes of Obedience by the Cardinalls, nor possession, though of long time, can make it good: And euen those Cardinals, which were parties to the Simony, may at any time after, depart frō his obedience, & all the rest of the Cardinals, which do not, forfeit their dignities.

43 It is scarce possible to bee hoped, that in Elections there should be no degrees of that corruption, which this Decree labors to preclude, & which, it takes knowledg, to be so clandestine, and secretly caried, that comming to the point of annulling all those promises which were so made • your Law expresses it thus, Cum quauis Inexcogitabili solennitate & formà iurata. And if euer it should breake forth, that any such thing were committed at Paul the fift his Election, then hee was neuer Pope: Which, though perc • ance it will not make voide all his Acts, for some ciuill and conuenient reasons, doth yet show the iniustice, and indiscretion of such a vowe, as binds the Votarie to doe some acts, which were not lawfull for him to doe, except an assured Authoritie of the commander did warrant it.

44 And if that measure which Aquinas gaue before of Blind obedience, 22. e. q. 104. Art. 5. ad 3m. must also serue in this, which is; That they must obey in all things, which belong to their Regular conuersations, that is, In all things to which their Rule, and Vowe obliges them, then as no Sea can wall any kingdome against their entrance: So no watchfulnesse can arme any brest against their violence, since the increasing of that Monarchie which they must aduance, growes from the decay of others.

45 But I forbeare Exasperation; and will here ende this Chapter; by which, I hope, it appeares, that no latter band of Obedience, can slacken this first, which was borne with vs. For, though amongst Lawyers, To commit my selfe or my cause, Par. de put. de Synd. fo 179. Liberae voluntati hominis, or to bee vsed by him, 192. Prout voluerit, amount ve • y farre, and create a large power in him, yet th • y conclude, That, 193. In nullo arbitrio, How large so euer, any thing is included which was formerly prohibited. And of these three Obediences which we haue handled, though all the three essentiall proper • ies o • all Oathes and Vowes be wanting in them all, yet the blinde obedience to your spirituall Superiour, doth especially want discretion, and the implicite Obedience, imagin'd to bee vowed to the Church in Baptisme, doeth lacke Trueth, and that seditious and seruile Obedience vowed by the Iesuites to your Popes wil, doeth want Iustice.

CHAP. VII. That if the meere execution of the function of Priests in this Kingdome, and of giuing to the Catholickes in this Land, spirituall sustentation, did assure their consciences, that to die for that, were Martyrdome; yet the refusall of the Oath of Alleageance doeth corrupt and vitiate the integritie of the whole Act, and dispoyle them of their former Interest and Title to Martyrdome.

WE speake of Martyrdome now, in the proper and restrain'd sense and acceptation, that is, of Consummate Martyrdome, and so, as Aquinas takes it, when he sayes,22 • . q. 124. Ar. 4 Mors est de ratione Martyrij. I know the Primitiue Church denied it not to them, whom the lat • er Church hath call'd Confessors; So Epist. 8. ad Polycarpum. Ignatius writes himselfe Martyr; and so doeth 1. Cor. 15.31. Saint Paul say, that hee dies daily. And sometimes, when the Church enioyed her ease, and was pamper'd with securitie and rest, to excite men to a publicke confession of their Faith, if there arose any case wherein it was needfull, the Ministers of that Church, which was euer apter and forwarde • to suffer Martyrdome, when any long persecution had accustom'd her to the expectation and patience and glorie thereof, then in the times of dull abundance and tranquilitie, would affoord the Title of Martyrs, to any persons who suffred any persecution for the testimonie of Christ, though they died not: Aquin. ibid. As the Church celebrates the Martyrdome of Pope Marcellus, vvho died in Prison. So also sometimes their indulgence alovved that Name, for some abstinencies and forbearings, if they conduced to the depressing of Idolatrie. For so Saint Chrisostome sayes, Aduers. Iudaeos. Ora • . 5. If thou refuse to be cured by Magique, and die of that sickenes, thou art a Martyr

De Pu • gat. l. 1. c. 7. § Q • into. 2 Deuotion is apt to ouerualew other mens actions; And Bellarmine confesses out of Sulpitius, That the people did long time deuoutely celebrate one for a Martyr, who after appear'd, and told them that he was damn'd. Extrau. d • Reliquij. Audiuimus. So also were those men inclin'd, whom Alexander the third reprehendes, For giuing the honour of a Martyr to one that died drunke. So doeth another Iesuite prooue Hyrcanus to bee an Hereticke, Ser • rius Trihaeres. l. 2. c. 28. whom Albertus Magnus hath put into his Litany, and so drawne into continuall Inuocation euer since. And when Gregory the thirteenth made Commissioners to suruay the Martyrologe, Biniꝰ To. 1. f. 490 they found the Histories of Pope Felix the second, so various and repugnant, that they were determined to expunge his name, but that opportunely there was a Marble Coffin found, with such an Inscription as alterd them, and relieued the Popes fame. Bellar. vbi supra And one principall inducement to the Pope, to come to these solemne Canonizations, is, because before the people did often mistake.

3 And this medicine, Ibid. c. 8. §. Dices as it was very late applied (for Bellarmine cannot finde, that the Popes canonizd any in eight hundred yeares after Christ:) So neither hath it, nor can it naturally extinguish the disease. The most that it can worke, is an Assurance, that they which are publiquely canonized are true Saints: for Bellarmine saies, That it is the opinion of Heretiques, that the Pope can erre in such Canonizations: Ibid. c. 9. §. 1. §. T • rtio. and yet, to proue it, he argues but thus: If we beleeue that there was such a man as Caesar, why should we not beleeue that which God testifies by miracles? But how shall wee beleeue that these miracles are from God, or that he doth them in testimony of that mans sanctity? For that miracles are done, is not enough to constitute a Saint, Extra. de Reliq. gloss. verb. miraculis. for wicked men may doe them, say your Authors: And in this case they can proceede no farther, then to an Historicall beleefe, that Miracles are done. And I had thought that Bellarmine had required a better faith at our h • nds, then Historicall, and such as assures vs, that Caesar was, to ground Inuocation of Saints, and to constitute an Heresie.

4 And though not in Bellarmine, yet in the Pope himselfe, there appeare some scruples of diffidence, and frailty, and fallibility in this acte of Canonizing, Ceremon. Sacrae. Cap. de Canoniz. because, after all his seuerall Inquisitions and searches which depend vpon matter of Fact, and after his diuers iteration of prayers, That hee may not erre, and That hee may not be permitted to erre, hee makes at last a publique protestation, That he intends not by that act, to do any thing against Faith.

5 But if this can be certaine, That those, and none but those, which are so Canonized, may be publiquely Honoured as Saints, yet that disease, of which we spoke before, is not cured hereby. For it is still lawfull priuately to worshippe any, of whose sanctity I haue an opinion. Nor is this priuate worship, De Purgat. c. 10. §. 1. so priuate in Bellarmines account, that it may not bee exhibited before others; but onely so priuate as it may not be done, In the name of the Church, and as though it were instituted by the Church. So that whole Multitudes, and Congregations may erre still: and this, by the authority of the Canon it selfe. For thus Bellarmine reasons, with more detortion and weakenesse then becomes the cause or his grauity: Extra. de Relig. C. 1. & • . In the two Canons, saies he, Audiuimus, and Cum ex eo, the Pope forbiddes publique worshippe; and therefore, a Contrario, permits priuate. If then, that worshippe which in those two Canons he forbiddes to be publiquely exhibited, may priuately be giuen, and this priuatenesse exclude not whole Congregations, then whole Congregations may lawfully worshippe as a Saint, a man slaine in drunkennesse, which is the case of the first Canon, and lawfully worshippe venall and vncertaine Reliques, which is in the second Canon; since the forbidding of this in publique, hath permitted it in this large and open priuate, by Bellarmines • ashion of arguing; who saies also • or this, That the Doctors doe commonly affirme it.

6 And whatsoeuer is said heere of Saints, holdes as well in Martyres, for with the same faith, that I beleeue a man to be a martyre, I beleeue him to be a Saint: And so, it seemes, doth that Catholique Priest, who hath lately published a History of English Martyres: For that which in the Title he calls Martyrologe, in his Aduertisement he calles Sanctiloge. And therefore it becomes both our Religion and Discretion, to consider thoroughly the circumstances of their History, whom we admit to the honour of Martyrdome.

7 All Titles to martyrdome seeme to me to be grounded vpon one of these three pretences, and claymes. The first is, to seale with our bloode the profession of some morall Truth, which though it be not directly of the body of the Christian faith, nor expressed in the Articles thereof, yet it is some of those workes, which a Christian man is bound to doe. The second is, to haue maintained with losse of life, the Integrity of the Christian faith, and not to suffer any part thereof to perish or corrupt. The third is, to endeuour by the same meanes to preserue the liberties and immunities of the Church.

8 By the first way they entitle S. Iohn Baptist because he died for reprehending a fault against a morall Truth: and that truth being resisted, the Authour of truth is despised: And therefore all truth is not matter conuenient for the exercise of this vertue, as the conclusions of Artes and Sciences, though perfectly and demonstratiuely true, are not; but it must be such a truth, as is conuersant about Christian piety, and by which God may be glorified: which cannot be, except he might be iniured by the denying thereof. So, the Euangelist when our Sauiour spake of S. Peters Martyrdome saies, Ioh. 21.19. He signified by what death hee should glorifie God: For all Martyredome workes to that end. And this first occasion of martyrdome seldome fals out in Christian Countries, because in Christ, the great Mirrour of all these truthes, we see them distinctly and euidently. But sometimes with Heathen Princes, before they arriue to this rich and pregnant knowledge, men which labour their conuersion, begin, or touch by the way, some of these Morall dueties; and if they grow odious, and suffer for that, they are perfect Martyrs, dying for a morall Trueth, and in the way to Christ.

9 By the second claime, which is the Integritie of Catholicke Religion, the professors of any Christian Church, will make a specious, and apparant Title, if they suffer persecution in any other Christian Church. For the Church of Rome will call the whole totall body and bulke of the points of their profession, Integritie of Religion, and the Reformed Churches call, soundnesse, puritie, and incorruptnesse, integritie. The Roman thinkes Integritie hurt by nothing but Maimes, and we, by Diseases. And one will prooue by his death, that too little is professed, and the other, that too much. But this aduantage we haue, that by confession of our aduersaries, all that wee affirme, is True, and Necessarie: and vpon good ground we assure our selues, that nothing else is so, and we thinke that, a propensenesse to die, for profession of those points, which are not necessarie, will not constitute a Martyrdome, in such a person especially as is of necessarie vse.

10 Amongst other things which our Blessed Sauiour warnes his followers, this is one, That none of them suffer as a busie body in other mens matters, 1. Pet. 4.15. but if he suffer as a Christian, let him not be ashamed, but glorifie God. And in another place, hee cals them blessed: If others say all maner of euill of them, falsely, and for his sake. Matth. 5.11. So that the prohibition forbids vs, to suffer for those things which doe not certainely appertaine to vs; And the instruction ties the reward to these conditions, That the imputations be false, That they be imputed for Christs sake, that is, to dishonour him, and that we suffer because we are Christians.

11 Since therefore some of you, at your Executions, and in other conferences, haue added this to your comfo • t, and glory of Martyrdome, That because the Kings mercie hath beene offred you, if you would take the Oath, therefore you died for refusing the same, (Though your Assertion cannot lay that vpon the State, who hath two discharges; One, that you were condemn'd for other Treasons, before that off • r; The other, that the Oath hath no such Capitall clause in it) yet since, as I said, you take it vpon your Consciences to bee so; Let vs Examine, whether your refusall of the Oath, bee a iust cause to Die, vpon this point of Integritie of Faith, by that measure which our Sauiour gaue in his Prohibition, and in his Instruction.

12 Is it then any of your matters, or doeth it belong to you, by your Doctrine, and by your Example, in refusing the Oath, to determine against Princes Titles, or Subiects Alleageance? If this be any of your matters, then you are not sent onely to doe Priestly functions; And if it be not, then you suffer as busie bodies in other mens matters, if you suffer for the Oath.

13 And then, what is imputed to you, which is false (which is another condition required by Christ) if you be called traytors then, when after apparant transgressing of such lawes as make you Traytors, you confirme to vs a perseuerance in that Trayterous disposition, by refusing to sweare Temporall Alleageance? Wherein are you lesse subiect to that name, then those Priestes which were in Actuall plots, since mentall Treason denominates a man as well as mentall heresie? You neither can nor will condemne any thing in them, but that they did their treason, before any Resolution of the Church: and haue you any resolution of the Church, for this, That the King may be deposed, when he is excommunicated? If you haue, you are in a better forwardnesse then they, and you may vndertake any thing, as soone as you will, that is, as soone as you can. For you haue as good opinions already, and as strong authorities, That a King of another Religion then Romane, is in the state of an excommunicate person, before Sentence, as you haue for this, That an Excommunicate King may be deposed; And would you thinke it a iust cause of Martyrdome, to auerre, that the King is already vnder excommunication?

14 And (to proceede farther in Christs Instruction) are these things said of you for Christs sake? Are you (if you be called Traytors for refusing the Oath) reproued for anie part of his Commandements? If it were for exercising your Priestlie functions, you might haue some colour, since all your Catholique Religion, must bee the onely Christian Religion. But can that state which labours watchfullie and zealouslie for the promouing of Christs glorie in all other things, bee saide to oppose Christ, or persecute him in his Members, for imputing trayterous inclinations to them, who abhorre to confirme their Alleageance by a iust Oath?

15 Lastly, can you say, you suffer as Christians, that is (as Christ there intended) for Christian faith, which is principally the matter of Martyrdome? Aquinas cites this,22 c. q. 124. Art. 2. ad 1m. out of Maximus, The Catholique faith is the mother of martyrdome. And he explicates it thus, That though martyrdome be an act of fortitude, and not of faith, yet as a ciuill man will be valiant to defend Iustice, as the Obiect of his valour, so doth a Martyr, faith. If then to refuse this Oath, be an obiect for a Martyrs fortitude, it must be because it opposes some point of faith, and faith is that, which hath beene beleeued euer, and euery where; And how can that be so matter of faith, which is vnder disputation, and perplexitie with them, and the contrarie whereof we make account, that we see by the light of Nature and Scriptures, and all meanes conducing to a diuine and morall certitude?

16 Leo the first, Epist. 24. in an Epistle to the Emperour, by telling what hath beene, informes • ummarilie and soundly, what should be a iust cause of Martyrdome. None of the Martyrs, saies he, had any other cause of their suffering, but the confession of the true Diuinitie, and true humanitie in Christ. And this was then the Integritie of faith, in both acceptations; All, and sound. Which is neither impaired in the extent, nor co • rupted in the puritie, by any thing proposed in the Oath.

17 But as Chrysostome expounding that place of Ieremie, In Marc. Hom. 13. To. 2. fo. 270 Domus Dei facta est spelunca Hyaenae, applies it to the Priests of the Iewes, as hardest of all, to be conuerted, so may we apply it to the Priests of the Romanes, who abhor the Oath, and deter their Schollers. For, the Hyena, saies Chrysostome, hath but one backe bone, and cannot turne except it turne all at once. So haue these men, one back bone, the Church; (for so saies Bellarmine, if we were a greed of that, we should soone be at an end:) and this Church is the Pope; And they cannot turne, but all at once, when he turnes; and this is the Integritie of the faith they talke of. And, as that Father, addes of the Hyena, Delectantur cadaueribus; they are delighted with impious prouocations to the effusion of bloud, by suggesting a false and imaginarie martyrdome.

18 The third and last iust ground of martyrdome, of those which we mentioned, is Ecclesiastique Immunitie, which is of two sorts; one inhaerent, and Natiue, and connaturall to the Church, and the other, Accessory, and such, as for t • e furtherance and aduancement of the worship of God, Christian Princes, in performing a religious dutie, haue afforded and established. Of the first sort are, preaching the word, administring the Sacraments, and applying the Medicinall censures. And if any, to whose charge God hath committed these, by an ordinarie calling, loose his life in the execution thereof, with Relation to the cause, we may iustly esteeme him a martyr. And so in the second kinde, if onely for a pious and dutifull admonition to the Prince, to continue those Liberties to the Church, without which she cannot wel doe her offices, hee should incurre a deadly displeasu • e, he were also a Martyr.

19 And if the Romane Priests could transferre vpon themselues this title to Martyrdome, due to defenders of either of these Immunities, yet by refusall of this Oath, which is an implied affirming of some doct • ine contrarie to it, they forfait that interest by ob • ruding, as matter of Ch • istian faith, that which is not so: For Baronius himselfe (as once before wee had occasion to say) distinguishes the defence of the liberties of the Church, from the Catholique faith; and yet he and many others, makes the defence of these immunities the obiect of Martyrdome: so various and vncertaine is the doctrine of defending those priuiledges, whose ground and foundation they cannot agree vpon.

20 And as all right to the crowne of Martyredome, growing from any of these three titles, perishes by their refusal, for the reasons before expressed: so doth it also vpon this ground, that hee which refuses to defend his life by a lawfull acte, and entertaines not those ouertures of escape, which God presents him, destroies himselfe, especially if his life might be of vse and aduantage to others. For when the Prison was opened to Paul and Silas, Acts 16. the learned Expositors excuse his stay there, by no other way, then that it appeares, that he had a reuelation of Gods purpose, that he should conuert the Keeper; for otherwise not to haue hastened his escape, had beene to abuse Gods mercie by not vsing it.

21 Those lawes from which these conclusions are deduced, Par. Put. Syndic. fol. 484. that if a man receiue a Corporall iniurie, and remit the offence, yet the state may pursue it against the trespasser, because no man is Lord of himselfe: and that a couenant from a man, that if you finde him in your ground you may beate him, is voide vpon the same reason, Intimate thus much to this purpose, That no man by lawe of nature may deliuer himselfe into a danger which he might auoide.

22 How many actes of good and meritorious nature, if they had all due circumstances, haue beene vitiated by Indiscretion, and changed from nourishment to poison? Collat. 2. ca. 5. of which Cassianus hath am • ss'd many vsefull examples, and made all his second collation of them. Of which I will remember one h • pning about his own time. Herō which had liued fiftie yeares austerely in a Desart, trusting indiscreetely an illusion of an euill spirit, threw himselfe downe into a Well; and when he was taken out, and in such torment with those bruses, as killed him within three daies, yet he beleeued that he had done well, though the rest beleeued him to be as Cassianus saies, Biothanatum, a sel • e-murderer.

23 How deeply, and how irremediably doth this indiscretion possesse many others, whom themselues only, and a few illuders of their weaknesses, esteeme to be Martyres, for prouoking the execution of iust lawes against them? For what greater Indiscretion can there be, or what more treacherous betraying of hims • lfe, then to die in despite of such a Princes mercie, as at once directs him to vnderstand his duety to himselfe, and to his Prince: and shewes him, that his owne preseruation is a naturall duety; and that hee may not neglect it in any cause, but where it appeares euidently, Catholiquely, and indisputably (amongst them to whose instruct • on he ought to submitte himselfe) that God may bee glorified in it; And that his obedience to the King was borne in him, and therfore was once, without all question, due, & could not be taken away, without his consent, who is damnified by the losse of a Subiect; at least by such a li • igious Authoritie, as is yet in Disputation, What it is, whence it comes, and how it resides in him, and how it is executed.

24 For as a man may be felo de se, by destroying himselfe by our Law; And fur de se, by departing, and stealing himselfe away, from him to whō his seruice is due, by Imperial law: so he may be proditor de se, by the law of Nature, if hee descend from the Dignitie of humanitie, & submit himselfe to an vsurpation, which he ought to resist, which is; All violence and danger which hee might auoide.

25 And since, if the King would pardon him, vpon doing of any act, which depended vpon his owne will, he were guiltie of his death, if hee refused it, he is so also in this case, since he can propose to himselfe no such restraint as binds his wil; For scruples, and things in Opinion and Disputation, do not binde in this c • se; Of which we shall haue proper occasion to speake in the next Chapter.

26 Let vs then proceede further, to that which giues the forme, and measure, and merit, euen to Martyrdome it-selfe, which is Charitie. And this is not meant onely of Charitie, as it is a Theologall vertue, and vnites vs in an earnest loue to God, which is, Charitas patriae, but also as from that fountaine is deriued vpon all his creatures, which is Charitas viae: For so Saint Iohn sayes, of this charitable act of which wee speake, Greater loue then this no man hath, Io. 13. • 15 when hee bestoweth his life for his friend: Which also appeares out of that History recorded of Nicephorus: Metaphra • t. in Nicepho. Mar. who being brought to the place where he was to receiue the Crowne of Martyrdome, and seeing Sapri • ius, betweene whome and him, there had before some bitternesses and enmitie broke foorth, fall downe before him, and begge a Pardon and reconcilement, was so much elated with this glory of Martyrdom, that vncharitably he disdain'd to admit any reconciliation. In punishment of which vncharitablenesse, he lost his whole hope and victorie: For the spirit of God forsooke him, and he Apostated from his Faith: So that Charitie is iustly esteem'd the forme of Martyrdome.

27 And is there any Charitie in this Doctrine, or in this act of Refusall? Is there any to your self? (For, at least in spiritualibus, Charitie begins at home) when at once you diuorce that body which your Parents prepar'd, from that Soule which God infused and married to it: and so lea • e, not onely to be men, and to be Subiects, but to be Priests, and benefactors to that cause, which you hinder by this pretence of louing it. How much opportunitie of Merit, euen in aduancing the Catholique cause, which to you is so certaine, doe you loose, by exposing your selfe to certaine ruine, vpon vncertaine foundations? Is there any charitie to the Church, or partie, or faction, which you haue in this Kingdom? towards whom the King brought with him so much tendernesse, that hee cast in a dead sleepe all bloudy lawes, and in a slumber all pecuniarie lawes which might offend, & aggrieue them. Is it charitably done towards them, that by your vnnecessarie act, their peace be interrupted, his Maiesties sweetnesse distasted, his softnesse indured, and those faire impressions which hee had admitted, That ciuill obed • ence might consist with your Religion, defaced and obliterated? And that to all these should succeede, iealousies in him, imputations vpon them, and dutifull solicitations from his Parliament, & Co • nsaile, and Subiects of all rankes, to awaken his lawes against these suspitious men?

28 Was it charitably done of that Priest, Ieruase. who apprehending a generall inclination of taking the Oath, aduanced it so farre, as to make a Declaration that it was lawfull, and neuer re • ract • ng that opinion, yet would die in the • efusall the • eof, because it seemed not expedient to him, to take it then; and so to cast snares and tortures vpon thei • consciences, who were before in possessiō of a peaceable, & (by his own testimony) a iust • esolu • ion?

1. Co • . 6.12. & 10.23.29 When S. Paul vses that phrase, he expounds the word Expedient, by Profitable and by Edifying: And hath the example of his death profited and edified that Church as much, as the perplexities certainely growne in Catholique consciences thereby, and those exasperations, and bitternesses occasioned, by all probabilitie in the state, by that peruerse and peeuish behauiour, may shake and tempest it?

30 I doe not thinke that they would haue denied him to haue beene a Martyr, if he had beene executed vpon the Statute against Priests, though he had before taken the oath. If therefore the taking of the oath cannot vitiate and annull martyrdome, the • efusing it cannot const • tute martyrdome.

31 And if you will make the difference on • ly by reason of the Popes Breue, which perchance came betweene his first resolution, and his last, then you reduce your Martyrdome to a more slipperie and more dangerous • istresse then before: For as before you quitted all your benefite and interest to martyrdome, for hauing exercised Priestly functions, and procla • med and solaced your selfe wi • h this, that you dyed for refusing the oath; so now you wa • ne • hat, and sticke to a worse title, which is, obedience to an • ncertaine and suspicious Breue; For, for your first ti • le, which is preaching of the Catholique faith, you haue the intire and vnamine consent and concurrence of the whole Christian Church; which alwaies confesses, that the profession of the Catholique faith, is, a true and iust cause of Martyrdome; though she doe not confesse, that that which you teach, is that Cathol • que Faith, but for that Title you had also the consonance and agreement of all the Romane Church. And for your second claim, which is, the defence of the Popes temporall Iurisdiction, by refusing this oath, you had some voices of great authority in that Church, to encourage you, though farr too weak, either to blot out a naturall truth, or to make an indifferent, or perplex'd point so necessary to you, as to dy for it. But for this third title to martyrdome, which arises frō obedience to the Breues, which are matters of fact, & subiect to a thousand infi • mities & nullities, who euer iustly grounded a necessity of dying, vpon thē, or added the comfort of martyrdome to such a precipitatiō?

32 Thus dooth Aquinas argue against a farre better Title to martyrdome, then this is: Though virginity be more pretious then life, 22 ae. q. 124. ar. 4. ad 2. yet if a virgine shold be condemned to be deflowred, Occasione fidei Christianae, because she was a Christian, though all those conditions, which we noted in our Sauiors prohibition, and instruction, concurred in her case, That she were no busie body in prouoking, That she were persecuted, and that vniustly, And with relation and despite to Ch • ist, and so she suffered a • a Christian, yet, saies he, this were no Martyrdome. Yet he assignes not the reason to be, because she died not, but because Martyrdome is a testimony, by which it is made euident to all, that the Martyres loue Christian faith aboue all things, and it cannot appeare by this act of hers, whether she suffer this for the loue of Christian faith, or for contempt of chastitie. But in this acte of dying for obedience to the Breues, there is by many degrees lesse manifestation, that they die for Christian Faith, which is not in question; and there appeare euident impressions of humane respects, which would vitiate a better title to martyrdome, and of such vnnatural dereliction of themselues, as I doe not see how they could escape being selfe-murderers, but that their other • reasons, and condemnations for them, make their executions iust.

De Not. Eccles. l. 4. c. 2. § Item. 33 And besides that, Bellarmine makes this hard shift, and earnest propensenesse to die, no good signe of a good cause, or of a true martyrdome (for thus he makes his gradations, That the Anabaptists are forwardest, and the Caluinists next, and the Lutherans very slacke: So that he makes the vehemency of the p • ofessors, in this kind, some testimony of the ilnesse of the Religion) we may also obserue, that all circumstances (except the maine point, with which we intercharge one another, which is Here • ie) by which they labour to deface and infirme the zeale of our side in this point • and to take from them, all comfort of martyrdome, doe appeare in them directly or implicitely, in this denying of ciuill obedience.

34 And because we may boldly trust his malice in gathering them, that he will omit none we will take them as they are obiected against vs in Feuardentius the Minorite: A man of such dexterity and happines in conuer • ing to the Romane Faith, that all Turquy and the Indies would not bee matter enough for him to worke vpon one yeare, if he should proceed with them in the same pace, as he doth with the Minister of Geneua: For meeting him once vpon a time by chaunce, and falling into talke with him, in the person of a Catholique Doctor, he dispatches a Dialogue of some eight hundred great leaues, and reduces the poore Minister, who scarce euer stands him two blows, from one thousand foure hundred Heresies: And as though he had but drawne a Curtaine, or opened a boxe, and shewed him catholique Religion, he leaues him as • ound, as the Councell of Trent.

35 First therefore in this matter of Martyrdome, Theomachia Calumist. l. 8. c. 18. nu. 1. he takes a promise of the Minister, That he will be dilig • nt hereafter, from being amazed at the outward behauiour of men which suffer death. By which d • rection & good counsell, the confident fashion and manner of any Iesuite at his execution, shall make no such impression in vs, as to produce argu • ments of his innocency. After this, he saies, that our men are not martyres, Ibid. nu. 3. Because they haue departed from the C • urch, in which they were baptized, and haue not kept their promise made in Baptisme • , but are therefore Apostats and Antichrists. Nu. 1. Another reason he assignes against them, because they haue beene put to death for conspiracies, rebellions, tumults, and ciuill Warres against lawfull Princes, and that therefore they haue beene proceeded against in Ordinary forme of Iustice, Nu. 6. as Traytors. And againe, hee saies, They haue beene iustly executed for making, and diuulging libells against Princes. And for Acts against a Canon of the Eliberitane Councell, Nu. 10. of which I spoke before. And lastly, this despoiles vs of the benefite of Martyrdome in his account, Because we offer our selues to dangers, and punish • ents, seeking for honour out of misery, and blowen vp with ambition and greedinesse of vaine glorie. Thus farre Feuardentius charges vs.

36 And is it not your case also, to for • ait your Martyrdome vpon the same circumstances? Are not many of youd parted • ro • your promise in baptisme to our Chu • ch? or did those which vndertooke for you, euer intend this forsaking? and this act of depar • ing is by Feuardentius, made an Essentiall circumstance, abstract, and independen • and incohaerent with that of the Catholique Church, for that is another alone by it selfe.

37 And haue not you beene proceeded with, in Ordinarie course of Iustice, as Traytors, for Rebellions, and Conspiracies, and Tumults? And after so many protestations so religiously deliue • ed, so vehemently i • erated, so prodigally sealed with bloud, and engaging your Martyrdome vpon that iss • e, that you neuer intermedled with matters of state, nor had any other scope or marke of all your desires and ende • ours, but the replan • ation of Catholique Religion, hath not the Recorder and mouth of all the English Iesuites, confessed • (vpon a mistaking, that the euennesse of his Maiesties disposition might be shaked by this insinuation,) Iudgement of a Cathol • que of the Apol • g • e of the O • th. Pag. 91. That in the Sentence of Excommunication against Queene Elizabeth, the Popes relating to a statute in England, respected the Actuall right of his Maiesties mother, and of him, and proceeded for the remouall of that Queene, whom they held an vsurper, in fauour of the true inheritours oppressed by her, not only by spirituall, but temporall armes, also, as against a publique Malefactor, and • ntruder. And hauing thus like an indiscreete Aduocate, preuaricated for the Pope, doth hee not as much betray all his owne complices, when he addes, This doth greatly iustifie the endeuours and desires of all good Catholique people, both at home, and abroad, against her, their principall meaning being euer knowne to haue beene, the deliuerance and preferment of the true heire, most wrongfully kept out, and vniustly persecuted for righteousnes sake. Did you intend nothing else, but Catholique Religion, and yet was the desire, and endeuour of all good Catholiq • es at home, and abroade, to remoue her, and plant ano • her, and that by vertue of a statute in England? Did the Popes in their Bulls, intimate any illegitimation, or vsurpation, or touch vpon any such statute? Or d • d they goe about to aduance the right Heire in the Spanish • nuasion? or was the way of the right Heire Catholiquely prepared by Dolemans booke?

38 Or was the Author thereof no good Catholicke? For these Conspiracies, and for the same Authors monethly Libels, which cast foule aspersions vpon the whole cause in defence wherof they are vndertaken, and published, are your pre • ences to Martyrdome vniust and inualid, if your Feuardentius giues vs good rules. So are they also because you seeke it against the Eliberitane Councell; That is, By wayes not found in Scriptures, nor practised by the Apostles: And last of all, b • cause you see • e it with such intemperate hunger, and vaine-glorie, Cultum ex Miseria quaerentes (as your Friar accuses our Churches) and hunting and pursuing your owne death; First, ouer the tops of mountaines, the Popes Spirituall power, then through thicke and entangling woods, without wayes in or out, that is his Temporall power, and then through darke caues and dens of his Chamber Epistles, his Breues, ready, rather then not die, to de • end his personall defects, and humane infirmities. And all these circumstances • are virtually and radically enwrapt in this one refusall of the Oath, which therefore alone doeth defeate all your pretence • to Martyrdome.

39 And though it may perchance truely bee said by you, that all those persons which the Reformed Churches haue Enregistred in their Martyrologies, are not certainely and truely Martyrs, by those Rules to which we binde the signification of the word in this Chapter, and in which you account, all which die by way of Iustice, for aduancing the Romane Doctrine or Dignitie, by what seditious way so euer, to be true Martyrs, yet none of them hath euer transgressed so fa • re, as your Example would warrant them. For, not to speake of Baronius his Martyrologe, where verie many are enrolled, which liued their Naturall time, and without any externall persecu • ion for their faith, and where verie many of the olde Testament are recorded, besides those which a • e canonized in the Epistle to the Hebrewes, Ca. 11. and manie which are mentioned in that Epistle are left out by him, not onely Enoch, Noe, and s • ch other as suffered not death in their bod • es, as Martyrs, but euen Abel whom he might haue beene bolde to call a Martyr • to omit him, I say, why doth our Countryman amongst you, which hath lately cō piled an English Martyrologe, present a Calender • in which of almost 500 whom he names, scarse 6 • are Martyrs; and of the rest, some were not of our Nation, as Constantine the Emperour, whose fe • stiuall hee appoints • 1 of May; And some neuer saw this Country, as Pope Gregory, whom hee celebrates 25 December. And of those which did suffer death the credit and estimation of as many as died, within 200 yeares of Gregory the I. is much impaired by one to whom I thinke,3. Conue • sions. Par. 3. Chap. 1. N • . 19. hee will subscribe, who sayes, That in that 200 yeares, our Nation had no Martyrs, that cōmonly are knowne. And those whom hee reckons, must of necessitie be knowne to them, whom that knowledge concernes, as it did Parsons, when hee writ that booke, since the knowledge thereof was so obuious & easie, that this Author professes, that all their Histories are in Authors approued or permitted by the S • a Apostolique, & that he cites no Apocryphall legend, nor fabulous Historie, that may be suspected of the least Note of falsitie, or errour whatsoeuer. But he which shall suruay his Catalogue of Authors, will finde it safer not to beleeue him, then to bee bound by him, to beleeue all them to be free from the least note of falsitie of error. For we shall be somwhat hard to beleeue this extreme innocence, and inte • gritie in Surius, and in Saunders, or in Cornelius Tacitus. And many of his owne profession will hardly beleeue that Gregory, and Bede were free from all falsitie or error, And himselfe, I beleeue, would not stand to this, if we should presse him with some places, out of Parsiensis, and Westmonasteriensis, and Walsingham, and Polidore Virgil: all which haue beene tried in the furnace o • this Diuine Critique, & are pronounced by him free from the least note of falsitie, or errour whatsoeuer. But if these Authors were knowne to Parsons, and that hee pronounced truely, that that 200 yeares was without Martyrs, then, not onely the Abbesse of Elies hear • sman, S. Alno • h, sla • ne abou • 670 in hatred of Christian Religion, and celeb • ated 27 Febru. but the first Christian King of the Northumbers, S. Edwyn, slaine al • o in hatred of our Religion Anno 634. and obserued 4. Octob. with diuers other after that time, must be expunged out of this new Martyrologe. So also must that Author confesse himselfe to haue been too forward, in canonizing S. Hugh for a Martyr, Iuly. 27. whom at 10 yeares of age, the Iewes crucified at Lincolne, Anno 1255. since Parsons had told him before, that after Becket, which was An. 1171. our Church had no more Martyrs in 400 yeares. Ibid. Nu. 21.

39 But for all this, it is not your errour, and vicious example which shall excuse vs, if at any time wee haue inserted such, as Martyrs, which were not precisely so. For if we haue committed any such slip in storie and matter of fact, there is not that danger in our transgression, which is in you, because you, by giuing them that title, assure the wo • ld of a certaine and infallible present saluation, by vertue of that suffering, and that they haue title thereby to our Adoration, and are in present possession of the office of Aduocation for vs. Out of which confidence, I haue seene at some Executions of Trayterous Priests, some bystanders, le • uing all old Saints, pray to him whose body lay there dead; as if hee had more respect, and better accesse in heauen, because he was a stranger, then those which were familiar, had.

CHAP. VIII. That there hath beene as yet no fundamentall and safe ground giuen, vpon which, those which haue the faculties to heare Confessions, should informe their owne Consciences, or instruct their penitents; That they are bound to aduenture the heauie and Capitall penalties of this Lawe, for refusall of this Oath. And that if any Man haue receiued a scruple against this Oath, which he cannot depose and cast off, the Rules of their own Casuists, as this case stands, incline, and warrant them, to the taking thereof.

SInce by refusall of this Oath, which his Maiest • e hath rather made an Indulgence then a Vexation, by withdrawing some clauses of bitternesse, and of strict inquisition into the whole Catholicke partie, which the • resh contemplation of the Powder-Treason, had iustly vrged the Lower-house of Parliament to insert therein: And studying to find a way by which he might discharge both dueties to God and his Kingdome, would in his Princely and Pastorall • care, prouide a triall, by which those which were corrupted with the poyson which broke out in those Treasons, might be distinguish'd from Catholickes of better temper and more due • ifull affections towardes him, and our Peace, from which sort of Catholickes, after so many prouocations, by persons of the same perswasion in Religion, he seem'd loth to withdraw those fauours and graces, which he had euer since his comming expressed towards them. Since, I say, by refusall thereof, both the Catholickes lay a heauie scandal, and dangerous aspersions vpon the cause, and declare themselues more slauish to the Pope, and consequently apter to defection from the Prince, then the Subiects of forraine States now are, or the Subiects of this Kingdome were heretofore, And also his Maiestie, and all those which affect his safetie, which not only inuolues but procures and causes theirs, may iustly encline at last to thinke, that the very ground, and principles of that Religion nourish these rebellious humours, and so finde it necessarie for preseruation of the whole bodie, to apply Medicines more corrosiue and sharpe to that member which appeares so corrupt and dangerous, And euerie Catholique in particular, to whom this Oath is offered, by re • usall • orfaits his libertie, & by per • inacie therein, incurres other mulcts and penalties, It is therefore the dutie of euerie Catholique, out of his religious zeale to the cause, drawne into suspition thereby, and out of his Naturall obligation for preseruing his life, fame, and fortune, all which are endangered by this refusall, not to aduenture the losse of th • se, but vpon Euidence of much clearenesse, and grounds of strong assuredn • sse, and constancie.

2 And as it is certaine, that at the first promulging of this oath, they had no such ground, nor Euidence (for then, that light must haue beene vpon them all, and so many good and earnest maintain • rs of that Religion, would not haue enclined to the Oath, if they had had such Euidence against it) so also after some scruples were iniected, and the tendernesse of some consciences vitiated and distracted with some doubts, and that it had beene submitted to Disputation, and consulting amongst themselues, and so passed all those furnaces of Examination, it was held lawfull, and accordingly many tooke it. So that neither by the Euident and vndeniable authoritie of Nature, or Scripture, nor by Deductions and conclusions necessarily deriued and issuing from thence, any Conscience had su • ficient assurance, to incurre these dangers.

3 If since, by some arguments of probabilitie, and of Conueniencie, or by some propositions propagated & deduced from those first principles o • Nature, and Scripture, by so many descents and Generations, that it is hard to trie whether they doe truly come from that roote, or no, any Conscience haue slackned it selfe, and so be straied, and dissolued, and scattered, by this remi • nesse, and vacillation, it ought rather to recollect it selfe, and returne to those first ingraf • ed principles, then in this dissolute and loose distraction, to suffer an anxious perplexitie, or desperately to arrest it selfe vpon that part, which their owne Rules giuen to reduce men in such deuiations, and settle them in su • h wauerings, cannot assure him to be well chosen, nor deliuer and extricate him, in those laborinths.

4 For, let the first roote and parent of all propositions in this matter of Obedience, be, that which we know by nature, That we must obay such a power, as can preserue vs in Peace and Religion, and that which wee find in Scr • ptures, Let euery Soule be subiect vnto your higher powers; Ro. 13.1. And let vs drawe downe a Pedigree, and Genealogie of reasons and conclusions deriued from this. The eldest, and that to which most reuerence will belong, will be the Interpr • tation of the Fathers vpon this place, Carninus de potest. l • g. H • m. Par. 1. C. 6. which is (as your owne men confesse,) That the Apostle speakes rather of Regall and Secular power, then of that which you call Ecclesiasticke.

5 Let vs then pursue the line, of which the first end is; Kings must be obeyed. It followes, Therfore they must be able to commaund iustly; therfore they must haue some to enable and instruct them; therefore they must doe according to their instruction; therefore if they doe not, they are subiect to their corrections; therefore if they be incorrigible, they are no longer Kings; and therefore no subiect can sweare perpetuall Obedience, to his person, who by his owne fault, and his superiours Declaration, may growe to be no King.

6 Now, as no man can beleeue the last of these propositions, as roundly and constantly, as the first, because though it seeme to be the childe of the first, yet in it self, or in some of the meane parents by the way, there may be fallacies which may corrupt and abastard it; so is there no other certaine rule to trie it, but to returne to the first principles, and see if it consist with them. For if it destroy the first, it degenerates and rebels, and we may not adhere to it. And if the first may still consist without it, though this may seeme orderly and naturally deduced from thence, yet it imposes not so much necessity vpon vs, as the first doth; for that bindes vs peremptorily; this, as it is circumstanced and conditioned.

7 And though these circumstances giue it all the life it hath, so that to make it obligatory, or not so, depends vpon them, yet it is impossible to discerne those circumstances, or vnentangle our consciences by any of those Rules, which their Casuists vse to giue, who to stengthen the possession of the Romane Church, haue bestowed more paines, to reach how strongly a conscience is bound to doe according to a Scruple, or a Doubt, or an Opinion, or an Errour, which it hath conceiued, then how it might depose that Scruple, or cleare that Doubt, or better that Opinion, or rectifie that Errour.

8 For, That we may at once lay open the infirmity, and insufficiency of their Rules, and apply the same to our present purpose; What vse and profite, can those Catholiques, which doubt whether they may take that Oath, make of that Rule, that they must follow in doubtfull points, that opinion which is most common and generall? For, though this be vnderstood of the opinion of such men as are intelligent and vnderstanding, and conuersant in the matter in question, yet oftentimes, amongst them, both sides say, This is the common opinion; and who can iudge it? Yea many circumstances change the common opinion: Instit. Mora. To. • . lib. 2. c. 12. § si quando. For (saies Azorius) it fals out often, that that which was not the common opinion a few yeares since now is; And that that which is the common opinion of Diuines in one Countrie, is not so in another; As in Spaine and Italy, it is the common opinion, That Latreia is due to the Crosse, which in France and Germany is not so. And Nauarrus s • ies, That at Rome, De Iudicijs Ca. Nouit. no man may say, that the Councell is aboue the Pope, nor at Paris, that the Pope is aboue the Councell. Which deuision also there is amongst them, in a maine point which shakes their Doctrine, Ibid. of the Popes being immediately from God, since they cannot agree, Whether at the Popes death, his power remaine vpon the earth, or flie vp to heauen. He is a Catholique, Carni • us de pot • st. l • g. 〈◊〉 . par. 1. c. 6. and a temperate discreete Authour, which notes, That the writings of Catholique men, haue something in them which must be allowed to the times when they writ, which being more diligently examined by them which follow, are found exorbitant from the soundnesse of faith: which hee speakes of those that denie, that the lawes of ciuill Magistrates doe bind the conscience. Idem. par. 2. c. 2. And after, • peaking against them which thinke, That if we vndergoe the penaltie of • he law, we do not sinne in the breach therof (he saies) it was the opinion of some Schoolemen, who thought it a glorious matter, and fit to raise them a name, to leaue the common and beaten wayes; hauing perchance a delight sawcily to prouoke, tognaw, to calumniate, & to draw into hatred those powers and authorities which made those lawes.

8 And if of late daies, The opinion of refusing the Oath, become the more common opinion, it is vpon some of these circumst • nees, that at these times, when Catholiques are called to professe ciuill obedience, in this place, where Iesuites are in possession of most hearts, to get reputation, or to auile secular Magistracy, they haue suddenly made it the more common: for they can raise the Exchange in an howre, and aduance and crie downe an opinion at their pleasure.

But to determine of mortall sinne (as the taking of this Oath must be, if it be matter enough to aduenture these dangers for it) the same Authour saies well, Par. 1. c. 6. doth not so much appertaine, Ad pulpita Canonistarum, as it doth ad Cathedras Theologorum: and therefore it ought to be tried by the principles of Diuinity, not by the circumstanciall ragges of Casuists.

But, to goe forward with them, if this Common Opinion were certaine, and if it were possible to discerne it, yet it doth not so binde vs, but that we may depart from it, when another opinion is safer: And from that opinion which is safer, wee may also in many cases depart. For which • those examples, which Carbo a good Summist alleages, may giue vs satisfaction, which are, Summa Summarum. To. 1. par. 1. c. 14. §. Tertium. If I doubt of my title to land, I am not bound to restore it (though that were the safest way) because in doubtfull matters, Melior est Conditio possidentis. And, but for this helpe, I wonder with what conscience, the Catholiques keepe the possession of such landes as belong to the Church; for they cannot be without some scruples of an vniust title, and it were safest to restore thē. Another example in Carbo is, If my superior command a difficult thing, and I doubt whether he command lawfully or no, though it were safer to obey, yet I am not bound to doe so. And he giues a Rule, which will include a thousand examples, That that Rule, That the safest part is to be embraced, is then onely true, when by following this safer part, there ensues no notorious detriment. And Soto extends this Doctrine farther, for he saies, De ratio. • eg. Secret. memb. 3. q. 2. § Sed contra Though yo • beleeue the precept of your Superior to be iust (which creates Conscientiam Opinantem) yet you may doe against it: Because (saies he) it is then onely sinne to doe against your conscience, when to do according to your conscience, is safe, and that no danger to the state, or to a third person, appeares therein. So that Tutius in a spirituall sense, that is, in a doubtfull matter rather to beleeue a thing to be sinne, then not, must yeelde to T • tius in a temporall sense, that is, when it may be done without notorious detriment; For when it comes to that, we shall finde it to be the common opinion of Casuists, which the same Summist deliuers, That there is no matter so waighty, wherein it is not lawfull for me, to follow an opinion that is probable, though I leaue the opinion which is more probable; yea though it concerne the right of another person: as in our case of obedience to the King or the Pope. And then, wheresoeuer I may lawfully follow an opinion to mine aduantage, if I will leaue that opinion with danger of my life or notorious losse, I am guilty of all the damage I suffer. For these circumstances make that Necessary to me then, which was indifferent before: the reasons vppon which Carbo builds this Doctrine of following a probable opinion, and leauing a more probable, which are, That no man is bound, Ad m • lius & perfectius, by necessity, but as by Counsell: And that this Doctrine hath this commoditie, that it deliuers godly men, from the care and solicitude, of searching out, which is the more probable opinion • shew euidently, that these Rules giue no infallible direction to the conscience, and yet in this matter of Obedience, considering the first natiue certa • ntie of subiection to the King, and then the damages by the refusall to sweare it, they encline much more to strengthen that ciuill obedience, then that other obedience which is plainly enough claimed, by this forbidding of the Oath.

So that in these perplexities, the Casuists are indeede, Heb. 12.1. Nubes Testium: but not in that sense as the holy Ghost vsed the Metaphore. For they are such clouds of wi • nesses, as their testimonie obscures the whole matter. And they vse to deliuer no more, then may beget farther doubts, that so euery man may from the Oracle of his Con • fessors resolution, receiue such direction, as shall be fit at that time, when hee giues the aunswe • e • Which Nauarrus expresses fully, Ca • Confraterni • as. 12. q. 2. when he confesses, That hauing beene consulted fiftie yeares before, whether they who defrauded Princes in their customes, were bound to restitution, he once gaue an aunswere in writing: but haui • g recouered that writing backe aagaine, he studied twentie yeares for his owne satisfaction, and found no ground whereupon he might rest: And all that while he counsailed Confessors, to absolue th • ir penitents, vpon this condition: That they should retaine a purpose to doe so, as they should vnderstand hereafter to be iust.

These spirituall Physitians are therefore like those Physitians, which vse to erect a figure, by that Minute in which the pat • ents Messenger comes to them, and ther • by giue their iudgment. For the Confessours in England, in such resolutions as these, consider first the Aspects, and Relations, and diuerse predominancies of Superiours at that time; and so make their determinations seasonable • and appropriate.

Euchirid. Iudi. Tit. 35. n. 41.But to insist more closely vpon this point in hand, your Simancha speaking out of the law, saies; That that witnesse which deposes any thing vpon his knowledge, must also declare and make it appeare, how he comes to that knowledge. And if it bee of a thing belonging to the vnderstanding, hee must make it appeare by what means, and instrument his vnderstanding was instructed. And that which he assignes for the reason, must be of that nature, that it must certainely, and necessarily conclude and prooue it. If then you will subscribe with your blood, or testifie by incur • ing equiualent dangers, this Doctrine vpon your Knowledge, you must bee able to tell the Christian world, how you arri • 'd to this Knowledge. If you will say, Bull. Pij. 4. de • erm. Iur. you haue it Ex Iure Diuino, and meane by that, out of the Scriptures, you must remember that you are bound by Oath neuer to accept nor inter • rete Scriptures, but according to the vnanime consent of the Fathers. And can you produce such a consent, for the establishing this Doctrine, in interpreting those places of Scripture, which are off • ed for this matter? Responsio ad Docto. Venet. proposit. 5a. § ad rationes. If you extend this Ius Diuinum, as Bellarmine doeth, not onely to Scriptures, but to Naturall light and reason, and the Law of Nature, (in which he is no longer a Diuine, as he vses to professe himselfe, but a Canonist, who gaue this large interpretation of Ius Diuinum, whereas Diuines carie it no further, To. 2. l. 4. c. 18. § Deinde. then to that which God hath commanded or forbidden, as Azorius tels vs) this cannot bee so strong and constant, and inflexible a Rule, but that the diuers obiects of sense, and images of the fancie, and wayes of discourse, will alter and vary it. For though the fi • st notions which wee haue by the light of nature are certaine, yet late conclusions deduced from thence are not so.

If you pretend common consent for your ground, and Criterium, by which you know this truth, and so giue it the name of Catholicke Doctrine, and say that Faith is to be bound to that, and Martyrdome to be indur'd for Faith, you must also remember, that that which is so call'd Catholicke, is not onely a common consent of all persons at one time, but of the Catholicke Church euer. For, Quod vbique, quod semper, is the measure of Catholicke Doctrine. And can you produce Authors of any elder times, then within sixe hundred yeares, to haue concurr'd in this?

And in these later times, is not that Squadron in which Nauarrus is, of persons and voyces enow, to infringe all reasons which are grounded vpon this vniuersall consent? He proclaimes confidently, That the Pope, Nouit. de Indic. Nu. 41. take him despoiled and naked, from all that which Princes haue bestowed vpon him, hath no tempo • all power, Neque supremam, neque mediam, neque infimam. Marsilius contr. respons. Bellarm. Ad Gener. Inquisitor. venet. Doe no • some Catholiques confesse, that they are readie to sweare to the integrity of the Romane faith, according to the Oath of the Councell of Trent, and yet pro • est against this temporall i • risdiction? And doth not another Catholique say, That when a lay man sweares Obedience to the Pope, Barclaius de potest. pont. ca. 2. in princip. according to that Oath of Pius the fourth, it must be restrained, in his vnderstanding, onely to his spiriuall power? Herein therefore is no vniuersall consent.

And are not they which seeme to maintaine this temporall power, so diuided amongst themselues, that in a mutinie, and ciuill dissention, they rather wound one another, then any third enemie, when they labour more, to o • erthrow the way, by which this temporall iurisdiction is claimed, then to establish the certaintie of the matter it selfe? And though such things as appeare to vs, euidently, and presently out of the Scriptures, binde our assent, and beleefe, though wee may dispute about the way and manner, (as no man denies the conception of our blessed Lady, though it be disputed, whether shee were conceiued with original sinne, or without it) And though those things which appeare to vs out of the first intrinsique light of Nature and reason, claime the same authoritie in vs (as no man doubts whether he haue a soule or no, though many dispute whether • e haue it by infusion from God, or by propagation from our parents) yet in things further remoued, and which are directed by more wheeles, and suggestion • , and deducements, we cannot know certainely enough (for so great a vse, as to testifie them in this fashion, as we speake of) that they are, except we know first how, and in what manner they are. As if a man be conuented before a Iudge, • especially when he is bound in conscience not to answere, except he be his competent Iudge, as you teach when Ecclesiastique persons are called to Secular tribunals) he cannot be sure that man is his competent Iudge except he know first, whether he haue that authority, as Ordinary, or by speciall Commission. Though therefore in this point in question, for a pious credulity, and generall intention to aduance the dignity of the Church of Rome, a Catholique may haue an indigested and raw opinion, that this power is in the Pope, yet when he examines himselfe, and calls himselfe to account, he must first know how it is, before he can resolue, that it is. And though he may erre in the manner, by which he beleeeues it to be in him, yet certainely he must arest himselfe vpon some one of those waies, by which the Pope is said to haue that Iurisdiction, or else hee doth not answere his conscience, that askes him how he knowes it? and if his conscience doe not aske him, he is in too drowsie and stupid a fit to be a Martyr.

Since therefore all his authority must be Direct or Indirect: Ordinary or Extraordinary: as he is Pope or not as he is Pope, whosoeuer will seale with his blood the auerment of this Iurisdiction, auerres one of these waies, how it comes to him: Which being so, he cannot iustly be called a Martyr; since he only is a Martyr, whom all the Churc • estee • es to be so. And he which should die, for maintenance of Direct power, should neuer be admitted into such a Martyrologe, as the fauourers of Indirect power should compile; nor these, into the other. And if two should come to execution together, vpon occasion of denying this Oath, of which one refused it, because hee thought the Pope Direct Lorde, the other Indirect, if they forbore hard words to one another at that time, doubtlesse in their consciences they would impute to one another, the same errours, and the same falshoods, of which they inter-accuse one another in their bookes, and neither would beleeue the other to be a true Martyr. And might not a dispassioned and equal spectator apply to them both seuerally, that Rule of the law, That to that, which is forbidden to be had by one way, one may not be admitted by another? Especially since a Lawyer which hath written on that side, Vgoti • i de Validit. censura. Ca. 3. takes the aduantage of this Rule, against Princes, when he saies, That they haue no Iurisdiction vpon Clergie mens goods, because this were indirectly, to haue iurisdiction vpon their persons, which being, saies he, forbidden to be had one way, may not be permitted another. It was saide to Pompey, when hee wore such a scarfe about his legge, as Princes wore about their head, That it was all one in which place he wore the Diademe, and that his Ambition appeared equally in either. And so ought this indirect power, though it pretend more tamenesse, and modestie, aue • t men, as much as the other: for Bellarmine can finde as good an Argument for Peters Supremacie, De pont. l. 1. C. 2. §. Decima et cap. 22. §. Decimasepti. out of Christs washing his feete, as his appointing him to kill and eate, which is, saies hee, the office of the Head. So that from head to foote, all arguments serue his turne.

But to turne a little back to this point of knowledge, since the conscience is by Aquinas his definition, Ordo scientiae ad aliquid, 1. q. 79. Ar. 13. Concl • s. and an Act by which wee apply our knowledge to some particular thing, the Conscience euer presumes Knowledge: and we may no • , (especially in so great dangers as these) doe any thing vpon Conscience, if we doe it not vpon • nowledge. For it is not the Conscience it selfe that bindes vs, Carbo. summa sum • r. • o 1. 〈◊〉 • 2. S • c •• t • um. but that law which the Conscience takes knowledg • of, and presents to our vnderstanding. And as no • gnorance excuses vs i • it be of a thing which wee ought to know, and may attaine to: • o no misconceiued knowledge bindes our conscience in these dangers, if it be of a matter not pertinent to vs, or to which wee haue no such certaine way of attaining, that we can iustly presume our Knowledge to be certaine.

For though in the questions raised by Schoolemen of the Essence and Counsailes of God, and of the Creation, and fall, and Ministerie of Angels, and such other remoued matters, to the knowledge whereof, God hath affoorded vs no way of attaining, a man may haue some such knowledge, or opinion, as may sway him in an indifferent action, by reasons of conueniencie, and with an apparant Analogie, with other points of more euident certainty: yet no man may suffer any thing for these points, as for his Conscience, because, though he haue lighted vpon the truth, yet it was not by any certaine way, which God appointed for a constant and Ordinarie meanes to finde out that truth.

And if this refusall of the Oath, and implication of a power to depose the King, be a matter pertinent to vs, that we are bound to know it, Carbo. summa summar. To. 2. par. 1. c. 2. §. T • rt •• m. (As all men in generall are bound to know the principles and elements of the Christian faith, and the generall precepts of the law, And euery particular man is bound to know, those things which pertaine to his state and office) Then euery Subiect which doth not know this, is in an inexcu • able and damnable ignorance; which was the case of as many, as did at first, or do yet, allow the taking of the oath • Or if it be not so immediat to vs, as those principles of faith, or as the duties of euery particular man (for though we know naturally that Princes must be obeyed, yet, you wil say, som cases may occur, in which we may not obay) then there must be some certaine way for vs to a • taine to the knowledge therof by discourse & industrie, if we may aduenture these dangers for it, and we may not aduenture them, till we haue by that industrie sought it out. For, if we shall say, that some things are to be held by a man, Ibid. C. 3: §. Tertium. De fide, of which he shall still be vnder an inuincible ignorance, though he bestow and employ all possible diligence, (as it is said of Cyprian, that bee did erre in matter of faith, after he had vsed all possible industrie) then contrarie opinions in matter of faith may be iust ca • ses of Martyrdome, and yet one of these opinions must of necessitie bee Hereticall. For if Cyprian were vnder an inuincible ignorance, he was bound to doe according to his erroneous conscience • since he had no way to rectifie it. So that he must haue died for his Conscience in that case, that is, for such an opinion, as all his Aduersaries were bound to die for the con • rarie.

But since this seemes incongruous and absurd, the other opinion will stand safe and vncontrouled, that our Conscience, whose office is to apply our knowledge to something, and to present to vs some law that bindes vs in that case, cannot binde vs to these heauy incommodities, for any matter, but that, which wee therefore beleeue that wee know, because there are certainely some meanes naturally and ordinarily prouided for the knowledge thereof; and that wee haue vsed those meanes.

Now, in a man, in whom there are all these iust preiudices and prescriptions, That Nature teaches him to bey him that can preserue him, That the Scriptures prouoke him to this obedience, That the Fathers inte • prete these Scriptures of Regall power, That subsequent acts, and Experience teaches, Regall power to be sufficient for that end; what can arise, strong enough to defeate all these, or plant a knowledge contrary to this, by any euidence so neere the first Principles, as this is grounded vpon?

If it were possible that any thing could be produced at last, by which all these rea • ons should be destroyed, yet, till that were done (which is not yet done) both the priority and birthright of the • easons and rules of nature, which are on that side (for Rules are elder then the excep • ion) and the dangers which would ouertake, and entrap • and depresse such as refused the Oath, must preuaile against any thing yet appearing on this part: for thus farr the Casuists agree, as in the better opinion, That although th • t which they cal Metum iustum, which is, such a feare as may fall vpon a constant man, and yet not remoue his habite of Constancy, doth not excuse a man from doing any Euil, yet that is meant of such an Euill, as is Euill naturally, and accompanied with all his circumstances: for, though no such feare can excuse me in an absolute deniall to restore any thing, w • ich w • s committed to my trust, yet I maybe excused f • om deliuering a sword committed to me, if I haue s • ch a iust feare, that the owner will therewith offend me or another. And th • y account not onely the feare of death, to be this iust feare, which may excuse in transgressions, in any thing which is not naturally euill, but the feare of Torture, Imprisonment, Exile, Bondage, Losse of temporall goods, or the greater part thereof, or infamy, and dishonour. And not onely when these are imminent vppon our selues, but vppon our wiues and children: And not onely when a law hath directly pronounced them, but when the State threatens them, that is, is exasperated and likely to p • oceed to t • ese inflictions. And though Canonists are more seuere and rigid in the obseruation of thei • lawe, yet the common opinion of Diuines is, That this iust feare excuses a man from the breaking of any humane lawe, whether Civill or Ecclesiastique: an • that none of those lawes binde vs to the obseruation therof, in danger of death, or these distresses, except in this case, that these punishments are threatned to vs, because we will not breake the law in contempt and despite of that authority, which made the law: for then no feare can excuse vs, because the obedience to Superiour authority in general; is morall and naturall; and therefore the power it selfe may not be contemned; though in case of this iust feare, I may lawfully thinke, that that power which made the law, meant not to binde me in particular, in these heauy inconueniences.

To apply this to our present purpose, since this Oath is not Naturally Euill, so as no circumstance can make it good (for then, it would haue appeared so at first, and the Pope himselfe could by no Iudult or Dispensation tolerate it, which, I thinke, they will not say) nor offered in contempt of the Church of Rome, or in such sort as it should be a signe of returning to our Religion, or abandoning the Romane profe • sion, but onely for the Princes security, certainely though the refusall thereof were commanded by any law of humane constitution, and so it became Euill because it was Forbidden, yet in these afflictions certainely to be endured by the letter of an expresse law, by euery Refuser, and in this bitternesse and exasperation of the whole State, against that whole Partie, and the cause of Catholiques, the taking of the Oath were so excusable, as the refusing thereof could not be excused. For in such a iust Feare, euen Diuine Positiue Law looses her hold and obligation, of which sort • n • egrity of Confession is by all helde to be; Tractat. 7. Theol. de Interd. Pauli 5. prop • s. 5a. and yet such sinnes may be omitted in confession, as would either Scandalize the Confessor, Endanger the penitent, or Defame a third person. In which the Casuists are so generally concurrent, that wee neede no particular authorities.

And in the matter of the greatest importance, which can be in that Church, which is the Election of the Pope, and an assurance, that he whom they acknowledge for Pope, is true Pope, which Comitolius (a Iesuite as much more peremptorie then the rest of the Iesuites, as they are aboue all other Friars) sayes, Comitol. respo • s. Mo •• l. l. 1. q. 99. To be an Article of Faith, and that we are bound to beleeue the present Pope to bee Christs Vicar, with a Diuine and with a Catholicke Faith, and that all Decrees of Popes, which annull all Elections, if they appeare after, to haue beene made by Simonie, intend no more, but to declare that GOD will neuer suffer that to bee done, or discouer it presently (in which opinion, that matter of fact, should so binde our Faith, hee is (for any thing which I remember to haue read) singular, and I had occasion before to name Simancha Ench • rd. Iudic. Tit. 5. nu. 3. one grea • Doctor of his owne Religion, directly contrarie to him in the very point.) In these Elections, I say, which induce (by his Doctrine) a Diuine • aith, and necessarily, such a probable, and morall certitude, that it were sinne in them, who are vnder the obedience of that Church, not to obey the iust Decrees of the present Pope, or quarrell at his Election • The Councell of Constance, (as Azor. • ns • it. Moral. • ar. 2. l. 4. c. 2. §. Sexto. another Iesuite vrges it) hath decreed that this iust feare of which we speake, Doth make voide any such Election of the Pope. And that, If after the Cardinals are deliuered of that feare, which possessed them at the Election, they then ratifie and confirme that Pope, yet he is no Pope, but the Election voide: So farre doeth this iust feare (which cannot be denied to bee in your case) extend, and vpon so solemne, and solid Acts, and Decrees is it able to worke, and prouide vs a iust excuse for transgressing thereof.

And in a matter little different from our case, Azorius giues the resolution; That if an hereticall Prince commaunds his Catholicke Subiectes to goe to Church, vpon paine of death or losse of goods, if hee doe this onely because he will haue his Lawes obeyed, and not to make it Symbolum Hereticae prauitatis, nor haue a purpose to discerne therby Catholickes from Hereticks, they may obey it. And the case in question fals directly and fully within the rule: For this Oath is not offred as a Symbole or • oken of our Religion, nor to distinguish Papists from Protestants, but onely for a Declaration and Preseruation of such as are well affected in Ciuill Obedience, from others which either haue a rebellious and treacherous disposition already, or may decline and sinke into i • , if they bee not vphelde and arrested with such a helpe, as an Oath to the contrary. And therfore by all the former Rules of iust feare & this last of Azorius, though there were an euident prohibitory act, against the taking of the Oath, yet it might, yea it ought to be taken • For, agreeable to this, Tolet cyte • Caietans opinion, with allowance and commendations, De • ence of Engl • sh Cathol. ca. 4. That the Declaration of the Church, that subiects may not adhere to their King, if he be excommunicated, extends not to them, if thereby they be brought into feare of their liues, • ar. de Pute •• so 327. & so. 773. or losse of their goods. For in Capitall matters, saies your great Syndicator, it is lawfull to redeeme the life, per fas & nefas. which must not haue a wicked interpretation; and therefore must be meant, whether with, or against any humane lawes; which he speakes out of the strength and resultance of many lawes and Canons there alleadged. And therfore it can neuer come to be matter of Faith, that subiects may depart from their Prince, if this iust feare may excuse vs from obeying, as these Authors teach; for that neuer deliuers vs in matters of so strong obligation as matter of Faith, from which no feare can excuse our departing.

To conclude therefore this Chapter, since later propositions, either Adulterine, or Suspicious, cannot haue equall authority, and credite, with the first, and radicall trueth, much lesse blot out those certaine and euident Anticipations imprinted by nature, and illustrated by Scriptures, for ciuill obedience, since the Rules of the Casuists • or electing opinions in cases of Doubt, and perplexity are vncertaine and flexible, to both sides, since that Conscience, which we must defend with our liues, must be grounded vpon such things, as wee may, and doe not onely know, but know how we know them, since these iust feares of drawing scandall vpon the whole cause, and afflictions vpon euery particular Refuser, might excuse the transgression of a direct law, which had all her formalities, much more any opinions of Doctors or Canonists, I hope we may now pronounce, That it is the safest, in both acceptations, both of spirituall safety, and Temporall, and in both Tribunals, as well of conscience, as of ciuill Iustice, to take the Oath.

CHAP. IX. That the authority which is imagined to be in the Pope, as he is spirituall Prince, of the Monarchy of the Church, cannot lay this Obligation vpon their Consciences: first because the Doctrine it selfe is not certaine, nor presented as matter of faith: Secondly because the way by which it is conueyed to them, is suspitious and dangerous, being but by Cardinall Bellarmine, who is various in himselfe, and reproued by other Catholiques of equall dignity, and estimation.

WEe may bee bold to say, that there is much iniquity, and many degrees of Tyranny, in establishing so absolute and transcendent a spiritual Monarchy, by them, who abhorre Monarchy so much, that though one of their greatest Doctors, to the danger of all Kings, say, Fran. a Victor. Relect. de potest. Ciuili. Nu. 14. That the Pope might, if hee thought it expedient, constraine all Christians to create one temporall Monarch ouer all the world: yet they allow no other Christian Monarchy vpon Earth, so pure and absolute, but that it must confesse some subiection and dependencie. The contrarie to which Respons. ad Doct. Venet. propos. 1. §. Prima haec. Bellarmine saies, is Hereticall; And yet there is no Definition of the Church, which should make it so. And hereby they make Baptisme in respect of Soueraintie, to bee no better then the bodie in respect of the soule. For, as the bodie by inhaerent corruption vitiates the pure and innocent soule, so they accuse Baptisme to cast an Originall seruitude and frailtie vpon Soueraintie: which, hauing beene strong and able to doe all Kingly offices before, contracts by this Baptisme a debilitie and imperfection, and makes Kings, which before had their Lieutenancie and Vicariate from God, but Magistrates and Vicars to his Vicar, and so makes their Patents the worse by renewing & confirming.

2 Nor doe they only denie Monarchie to Kings of the Earth, but they change the state and forme of gouernment in heauen it selfe; and ioyne in Commission with God, some such persons, as they are so farre from beeing sure that they are there, that they are not sure, that euer they were heere. For their excuse, that none of those inuocations which are vsed in that Church, are so directly intended vpon the Saints, but that they may haue a lawfull interpretation, is not sufficient. For words appointed for such vses, must not only be so conditioned, that they may haue a good sense, but so, that they may haue no ill. So that to say, That God hath reserued to himselfe the Court of Iustice, but giuen to his Mother, the Court of Mercie, And that a Swertius in Epitaph. Pataui. Nulla erat in Medico spes, neque multa Deo. desperate sicke person was cured by our Lady, when he had no hope in Physitians, nor much in God, howsoeuer subtill men may distill out of them a wholesome sense, yet vulgarly and ordinarily they beget a beliefe, or at least a blinde practise derogatorie to the Maiestie, and Monarchie of God.

3 But for this spirituall Monarchie which they haue fansied, I thinke, that as some men haue imagined, and produced into writing, diuers Idaeas, and so sought what a King, a Generall, an Oratour, a Courtier should be, So these men haue only Idaeated what a Pope would be. For if he could come to a true and reall exercise of all that power which they attribute to him, I doubt not, but that Angell, Victorellus de custod • a Ang • lorum. which hath so long serued in the place of being the particular Assistant in the Conclaue, (for, since they affoord a particular Tutelar Angell to euerie Colledge and Corporation, And Fol. 16. to the race of Flyes and of Fleas, and of Ants, since they allowe such an Angell Fol. 133. to euery Infidell Kingdome, Fol. 121. yea to Antichrist, Fol. 17. yea to Hell it selfe, it were verie vnequall to denie one to this place,) This Angell, I say, would be glad of the roome, and become a Suiter to the holy Ghost, to name him in the next Conclaue. For he should not onely enlarge his Diocesse, and haue all the lower world vnder him, but hee shall haue those two principall Seraphins which euer attend the Pope, Fo. 104. Michael, and Gabriel; (for, that Gabriel is the second, Victorellus produces two very equall witnesses, Fo. 105. The Romane Litanie, and Tassoes Hierusalem.) And all the particular Angels of all spirituall Societies; Fo. 106. And (because also (as he saies) he is Temporall Lord) all the Archangels, and Principalities, which gouerne particular estates, • hall concur to his Guard and assistance.

4 As Nero had an officer A voluptatibus, So, it seemes, haue the Popes, A titulis. And flatterers haue alwaies a Complacencie and Delight in themselues, if they can bestow a stile and Title vpon a great Prince, because therein they think they contribute somthing to his greatnesse; since Ceremonie is a maine part of Greatnesse, and Title, a great part of that. And now they had obserued, that all the chiefe Titles of the Pope had been attributed to others, and were in their Na • ure and vse communicable; Aquin. contr. Gent. cap. 20. For all the Apostles, and all the Disciples of Christ, are called Vicarij Christi; And this name will not serue his turne, if it were peculiar to himselfe. For, as his Victoria teaches vs, Fraenc. a Victor. de potest. Papae et Co • cil. • Ad Quintum. This Vicariate doth not enable him to doe all thinges which are not expresly forbidden him (as some doe thinke) but onely such things as are expresly graunted vnto him, and therefore his claime by that Title will be too strict. And the name of Vniuersall Bishop, was giuen to Cyprian, Hiero. de locis Hebr • . when hee was stiled, Totius orbis Praeses. And in that sense it may iustly bee giuen; For as a Physician or Chyrurgion, which hath taken into his Cure any one part of a mans body, either corrupted, or in danger of being so, may iustly be said to looke to, and preserue the body of such a man; So that Bishop which gouernes well one Church, is therein a Bishop of the whole Church, & benefits the whole mystical body therof, by reason of the strong relation, & indissoluble cōnexion of all the parts, with one another, and to the head.

5 And for that stile of Pontifex Maximus, which either is not due to the Pope, or else is so sublime and transcendant a name, De Pont. l. 2. c. 31. § Argumentum. as Bellarmine could bring it within no Rule nor Predicament, when hee makes vp the Canon of the Popes fifteene Titles, by all and euery one of which, hee sayes, his Primacie is euidently collected; L. 2. c. 26. They saw it giuen to At • ana • ius, in Ruffinus. And the name of Pope was so communicated, that not onely euery Bishop was called a Pope, Hiero. Epist. ad Chromat. Par. 2. l. 4. but Cyprian, The Pope. Quem Christiani suum Papam vocant. In the estimation of which name, they haue often fluctuated and wa • uered. For, Azor. Mor. Ins • it. c. 4. § Porro. almost for nine hundred yeeres, they affoorded it to all: Then they restrain'd it to the Bishops of Rome, to which purpose Lect. 23. Dist. 96 In Scripturis, &c. 6. q. 1. Sacerdotes, &c. Biel vpon the Canon of the Masse, cites diuers Canons, though farre from the matter.

6 And euer since the Reformation of the Church was couragiously begun, and prosperously and blessedly prosecuted, they hauing beene call'd Papists for their implicite relying vpon the Pope, lest their owne Argument against vs, Bellar. de Eccles. milit. l. 4. c. 4. That to bee denominate from any person, is a marke of Heresie, should be retorted vpon themselues, they haue in all Dedications and publike Acts, as much as they can, forborne, and declin'd that name Pope, and still vsurped, Summus Pontifex, and Pontifex Maximus. And yet being stil vrged and followed, and hauing no escape, but that the name of • apists, stickes to them, and by their Rules imprints some markes of Heresie; Ibidem § At inquiunt. though Bellarmine, a little ashamed of the name Papist, say; That onely the Lutherans, and a few neighbour Countreyes call them so: Yet that late Carmelite that hath defended Lypsius, sayes confidently. Anastas. Cochelet. Pale •• rit. hono. f. 9. We are Papists; we confesse it; and Fo. 6. we glory in that Name.

7 And this name of Pope, they are the rather content to take to him againe • because they thinke that we grudge him that name. Florimond. de Remond. l. 6. For so that Councellour of the Parliament of Burdeaux, which in his Historie of the progresse and decay of Heresie, hath taken occasion to speake of the affaires of England, in which, because no man should doubt of the trueth therof, he pro • esses to follow Sanders, and Ribadene • ra, (by whome a Morall man may as well be instructed for matter of Fact, as a Christian might be by Arrius or Mahomet, for his Faith) sayes, That Henrie the • ight, made it Felonie to call the holy Father Pope, or to reade that name in any Booke, and not to blot it out.

8 Hauing therefore found such easinesse, and flexibility in all olde Names, they haue prouided him now of this name spirituall Prince; in a larger sense, then that great Prince, whom they call Praeste-gian assumes it (for that name signifies Apostolique, Brancheda Orarati. ad Imp. de mutat. Imper. fo. 18. and Christs Vicegerent, in his owne kingdomes) or then Christ himself euer assumed, or the Holy Ghost, by the Prophet Esay, Esay. 9.6. reckoning vp his most glorious titles, euer attributed to him; and yet in that place of Esay, both his eternall Kingdome by his filiation, and his euerlasting Kingdome of glory, inchoated in his resurrection, and his Kingdome of grace in our consciences, are euidently to bee discerned: For, though there be mention o • Principality, yet it is said, Principatus super humerum eius, Lyra. which your Doctor expounds of carying the Crosse; and that he shall be Princeps pacis, which is Intrinsicall, • aies the same Expositor & belonges to the Conscience. But this Doctrine which must so settle and affirme a Catholique conscience, that it must binde him to die, and entitle him to Martyrdome, hath no touch, nor tincture of either of these Principalities, of Patience, or of Peace; bu • all therein is Anger and Warre, not onely with that sword of two edges, of the Word and Censures, which is his, but with two swords; which now we shall see how he claimes.

9 The Pope represents Christ to vs (saies Bellarmine) as he was, De pont. l. 5. c. 4. §. Superest. whilst he liued amongst men: nor can we attribute to the Pope any other office, then Christ had • as he was a mortall man. And in t • is Capacitie, saies he, Ibid. § Sediam. Christ neither had the execution, nor the power of any temporall Kingdome. §. Caeterum. And that therefore, if the Pope, as a King, can take from any King the execution of his place, Ca. 3. parag. Gregorius. he is greater then Christ; and if he cannot, then he hath no Regall power. Thus hee disputes against those which entitle the Pope to a Direct, and Ordinary Iurisdiction ouer Prin • es.

10 And the same reasons and groundes, by which he destroies that opinion, will destroy his; which is, Ca. 3. • arag. vt igitur. That as Christ was, so the Pope is, spirituall prince, ouer all men, and that by vertue of that power, he may dispose of all temporall things, as hee shall iudge it expedient to his spirituall ends.

11 For first, against that opinion of Ordinarie Iurisdiction hee argues thus; Ca. 3 parag. Eadē If it were so, it would appeare out of the Scriptures, or from the Tradition of the Apostles: but in the Scriptures, there is mention of the keyes of Heauen, but none of the Kingdomes of the earth; nor doe our Aduersaries offer any Apostolique Tradition. Will not you then, before you receiue too deepe impression of Bellarmines doctrine, as to pay your liues for maintenance thereof, tell him, That if his opinion were true, it would appeare in Scripture, or Apostolique tr • dition? And shal poore and lame, and • lacke arguments coniecturally and vnnecessarily deduced from similitudes and comparisons, and decency, and conueniency binde your iudgements, and your liues, for reuerence of him, who by his example counsels you, to cal for better proof? wil you so, in obeying him, disobey him, & swallow his conclusions, & yet accuse his fashiō of prouing them? which you do, if when he cals for scriptures against others, you a • cept his positions for his sake, without scriptures.

12 Another of Bellarmines reasons against Ordinary Iurisdiction, is, That Regall authority was no • necessary nor of vse in Christ to worke his end, Ca. 4. § Confirmatur. but s • perfluous and vnprofitable. And what greater vse, or necessity can the Pope haue of this Extraordinarie authority (which is a power to work the same effects, though not by the same way) then Christ had, if his ends be the same which Christs were? and it appeares that Christ neither had, nor forsaw vse of either, because he neither exercised nor instistuted either. For, that is not to the purpo • e, which Bellarmine saies, that Christ might haue exercised that power if he would, Ca. 4. § Vt igitur since the Popes authority is grounded vpon Christs example; and limited to that: For Christ might haue done many thinges which the Pope cannot do; as conuerting all the world at once, instituting more sacraments, and many such: Ca. 3. § Gregorius. and therefore Bellarmine argued well before, that it is enough for him to proue, that Christ did not exercise Regall power, nor declare himselfe to haue it which Declarion onely, and practise, must be drawen into Consequence, and be the precedent for the Pope to follow.

16 The light of which Argument, that the Pope hath no power, but such as Christ exercised, hath brought so many of them to thinke it necessarie to proue That both Christ did exercise Regall aut • ority in accepting Regall reuerence vpon Palme-Sunday, and in his corrections in the temple, And his iudgement in the womans case which was taken in Adulterie. Maynardus de priuil. Eccles. Ar. 7. N. 5.6.9. Idem. Ar. 8. n. 3.5 And that S. Peter vsed also the like power, in condemning Ananias and Saphira, and Simon Magus.

14 In another place Bellarmine saies, That S. Paul appealed to Caesar, De pont. l. 2. c. 29. §. Respond. primo as to his Superiour Iudge, not onely de facto, but de Iure; and that the Apostles were subiects to the Ethnique Emperours, in all temporall causes, and that the law of Christ, depriues no man of his right, which he had before. And lately in his Recognitions he departs from this opinion, and denies that he was his Iudge, de Iure. If his first opinion be true, can these consist together, that he which is subiect in temporal causes, can at the same time and in the same causes be superiour? Or that he ouer whom the Emperour had supreame temporall authority, should haue authority ouer the Emperour in temporall causes? and what is there in the second opinion, that should induce so strong an Obligation vpon a conscience, as to die for it; Since the first was better grounded (for, for that he produ • ed Scriptures) and the second is de • titute of that helpe, and without further sear • h into it, tels vs, that neither the Doctrine, nor the Doctor are constant enough to build a Mar • yredome vpon.

15 Thus also Bellarmine argues, to our aduantage (though he doe it to proue a necessity of this power in the Church) that euery Common-wealth is sufficiently prouided in it selfe, C • . 7. § Secunda ra •• . to attaine the end, for which it is instituted. And, as we said before, the end of a Christian Common-wealth, is not onely Tranquility (for that sometimes may be main • ained by vnchristianly meanes) but it is the practise of all morall vertue, now explicated to vs, and obserued by vs, in the exercise of Christian Religion; and therfore such a Common-wealth hath of it selfe, all meanes necessary to those ends, without new additions: as a man consisting of bodie and soule, if he come from Infidelity to the Christian Religion, hath no new third essen • iall p • rt added to him, to gouerne that body, and soule, but onely hath the same soule enlightned with a more explici • e knowledge of her duety.

Ca. 6. § Ita pr • r • u • . 16 B • llar • ine also tels vs, That in the Apostles time, these two powers were seperated, and • o all the Temporall was in the Emperour, as all the Ecclesiasticke in the Apostles and that Hierarchie. By what way then, and at what time came this Authoritie into them, if it were once out? For, to say, that it sprong out of Spirituall Authoritie, when there was any vse of it, were to say, that that Authoritie at Christs institution had not all her perfections and maturity, and to say, that it is no other but the highest act, and a kinde of prerogatiue of the spirituall power, will not reach home • For you must beleeue and die in this, that the Pope as spirituall Prince, may not onely dispose of temporall matters, but that herein hee vses the temporall sword, and temporall iurisdiction.

17 But when Bellarmine saies, l. 5 • C. 6. That this supreme authority resides in the Pope, yet not as he is Pope, And that the Pope, and none but he, can • epose Kings, and transfer Kingdomes, and yet, not as Pope, I pro • esse that I know not, how to speake thereof with so much earnestnesse, as becomes a matter of so great waight. For other Princes, when they exercise their extraordinarie and Absolute power, and prerogatiue, and for the publique good put in practise sometimes some of those parts of their power,1. Sam. 8.11. which are spoken of in Samuel, (which to many men seeme to exceede Regall p • we • ) yet they professe to doe these things as they are Kings, and not by any other authoritie then that.

18 And if there be some things which the Pope cannot doe as Pope, but as chiefe spirituall Prince, this implies that there are other inferiour spirituall Princes, which are Bishops: (for so Bellarmine saies, That Bishops in their Diocesses are Ecclesiastique Princes. De Pont. l. 4. C. 15. §. At in. ) And haue Bishops any such measure of this spirituall principality, that they may do somthings by that, which they cannot doe, as they are Bishops •

19 All Principalities maintaine their being by these two, reward, & punishment. How lame then and vnperfect is this spirituall principality, which can affoord but one halfe? For it is onely then of vse, when the Pope will punish, and correct a King, by Deposing him: for all Rewards & Indulgences in this life, and in the next, hee conferres and bestowes, as hee is Pope, and needes not this Title, to doe any good which is in his power. And for corrections and punishments, all which we are sure he can lawfully doe, which is, to inflict Church censures, vpon those who are vnder his spirituall obedience, he doth as he is Pope, and needes not this principalitie for that vse neither.

20 But for irregular actions, and such as occasion tumult and sedition, De Concil. l. 1. C. 18. §. Dico. he must be a spirituall Prince. For, sayes Bellarmine, Though the Pope as he is president of a generall Councell, (and he is that, as he is Pope) ought to follow the greatest number of voyces in making Decrees • yet as he is chiefe Prince, hee is not bound to doe so, but may follow the lesser number. And yet scarse constant to himselfe, he sayes, That this libertie belongs to the Pope, because he hath the assistance of the holy Ghost: Now the Pope, as Pope, hath the assistance of the holy Ghost, (for else his Determination in Ca • hedra, in matters of faith, were not by his Ordinarie, and Direct power,) and therefore as Pope hee may follow the fewer voyces in a Councell, and as Pope (or no way) he may depose Princes.

21 For as, though they seeme to place more power, Reg. Iuris in 6. C. • in. glos. verb. P • ntif • catus. or dignitie, in Pontificatu, then in Apostolatu, because the Popes date their Rescripts, from the time of their Election to their Coronation, thus, Anno Apostolatus primo, &c. and seale but with halfe the seale, but after their Coronation, they begin to call their gouernment Pontificatum: yet all the authority which they haue, is certainly in them from their • Election, because saies the glosse, that conferres praesulatum: so they haue fancied & imagined a Principatum aboue all these, yet certainly all the authoritie they haue, is as they are Popes. Which serued them to doe mischiefe enough, before this title was inuented. And to say, that they haue authoritie, as they are Popes, to doe some acts, as they are not Popes, is such a darke, and mistie, and drowsie Doctrine, as it is the fittest and most proportionall Martyrdome in this businesse, for a man to dreame that he died for it.

22 For it is strange that the • e men can discerne and distinguish in the same office, betweene the Pope, and a spirituall Prince, when as Philip the last King of Spaine, could not distinguish betweene the Person and the Office of the Pope • for being in so much forwardnesse, that he had giuen the D. of Alua Order to besiege Rome, because Paul the fourth had brought into Italy an Armie of French, to infest the Kingdome of Naples, and being solicited by the Venetians, to desist from offending the Pope, though hee aunswered, That his preparations were not against the Pope, but against Peter Caraffa his subiect, and a Rebell, yet when the Venetians replied, Lelio medici contr. Venetia. Sopra il sunda 2. fo. 194. that if he could seperate Caraffa from the Pope, they would intercede no farther, else they would giue the Pope their assistance, the King, saies a Catholique writer, gaue ouer, because he saw it impossible to distinguish them.

23 And as the Doctrine it sel • e is too inexplicable, for any man to aduenture thereupon his li • e, or such dangers as the lawe esteemes equiualent to this purpose, which are, all such damages as induce a iust feare: So is the Channell and way by which it is deriued to vs, so various, and muddy, as that also should retard any man, from such a Preiudice, and such an Anticipation of the resolution of the Church herein as it is, to seale with life, that which no man yet knowes, how the Church will determine. For, in Bellarmine, who hath got the reputa • ion to be the principall of t • is faction (though I confesse he found the foundation of it, and his best Arguments for it, in our Countriman Sanders, out of whom and Stapleton and a few more, that Church hath receiued more strength, then from the late writers of all other Nations,) his authority and credit is not onely infirmed and impaired, in that, Baronius, a man of as much merit of the Church, and rewarded by her, with the same Dignitie, is of a contrarie opinion, but also, because auerring, that his opinion is the opinion of the Diuines, and the other onely of Canonists, Diuines themselues, (for such Baronius and Bozius are) haue more then others oppugned it.

24 And so that new Order of the Congregation, of which both they are, beeing (as I said before) laid for a stumbling block, that the world, which in such a rage of Deuotion ranne towards the Iesuites, might be arrested a lit • le vpon the contemplation of an Order which professed Church-knowledge, as the other did state-knowledge, hath exceeded the Iesuites in their owne Art, of flattering and magnifying the Pope. For they haue maintained his Direct and Ordinarie power, whereas the other haue but prouided him a new and specio • s Title. Titulo libri. And so not only such as Carerius layes the imputation of Impious Politician vpon Bellarmine and all his followers in this point, And bitterly Anathmatises Bellarmine by name, and maintaines this power to be in the Pope, De Pont. l • 2. C. 8. either as Pope, or not as Christs Vicar, l. 2. C. 11. But Bozius also calls these men nouos Theologos, and sayes, l. 5. C. Vlti. They teach doctrine euidently false, and such as fights against all Truth. And another Catholique writer, Barclaius de pot. Pap. C. 1. §. mihi. though hee impugne both these opinions, of Bellarmine, and Baronius, yet he protests, that the opinion which Bellarmine calls the Canonists opinion, is the more probable, and defensible: because, saies hee, that opinion is not against the order of Nature, that the Pope should exercise such a power, which they maintaine to be directly granted to him: but that opinion, which they call the Diuines opinion, is against Nature, since it admits the exercise of such an Authority, as is neither by name granted, nor necessarie to the ends of the Church: And therefore, saies this Catholique, though the Diuines ouerthrow the Canonists, yet they proue not their owne opinion. Cap. 3. in Princ. et ca. 40. And in another place he saies, That though Bellarmine haue giuen as much to the Pope, as honestly he could, and more then he should haue done, yet he was so farre from satisfying the Pope herein, that for this opinion the Pope was very neere condemning all his workes, as, saies he, the Iesuites themselues, haue tolde mee.

25 VVhich disposition of enclining to the Canonists opinion, appeares still in the Popes, who accept so well the bookes of that purpose, that the greatest part of those Authors, which I haue cited in this booke, of that matter, are dedicated to the late Popes. So that, that Doctrine, which is so much denied in the substance and Essence therof, that all wayes of the existence thereof are peremptorily denied, hath not yet receaued concoxions enow from the Church, to nourish a conscience to such a strength, as Martyrdome requires. For that, which their great Doctor Franciscus a Victoria pronounces against his direct Authoritie, De potest. Eccles. Sect. 6. Nu. 4. we may as safely say against that & the indirect, This is the strongest proo • e that can be against him, This Authority is not proued to be in the Pope, Ibid. Nu. 2. et 3. by any meanes, and therefore he hath it not. To which purpose he had directly said before, of the direct Authoritie, It is manifestly false, although they say that it is manifestly true; And I beleeue it to be a meere deuise, only to flatter the Popes. And it is altogether fained, without probability, Reason, Witnesse, Scripture, Father, or Diuine. Onely some Glossers of the law, poore in fortune and learning, haue bestowed this authority vpon them. And therefore, as that Ermit which was fed in the Desert by an Angell, Aluarez specul. vtri. Dignit. ca. 33. Nu. 4. receaued from the Angell withered grapes, when hee said his prayers, after the due time, and ripe grapes when he obserued the iust time, but wilde sower grapes when he preuented the time, so must that hasty and vnseasonable obedience to the Church, to die for her Doctrine, before she her selfe knowes what it is, haue but a sower and vnpleasant reward.

CHAP. X. That the Canons can giue them no warrant, to aduenture these dangers, for this refusall: And that the reuerend name of Canons, is falsly, and cautelously insinuated, and stolne vpon the whole body of the Canon law, with a briefe Consideration vpon all the bookes thereof; and a particular suruay, of all those Canons, which are ordinarily cyted by those Authours, which maintaine this temporall Iurisdiction in the Pope.

TO this spirituall Prince, of whom we spoke in the former Chapter, the huge and vast bookes of the Canon law, serue for his Guarde. For they are great bodies loaded with diuers weapons of Excommunications, Anathems, and Interdicts, but are seldome drawen to any presse or close fight. And as with temporall Princes, the danger is come very neere his person, if the remedie lie in his guard, so is also this spirituall Prince brought to a neere exigent, if his title to depose Princes must be defended by the Canons. For, in this spirituall warre which the Reformed Churches vnder the conduct of the Holy Ghost, haue vndertaken against Rome, not to destroy her, but to reduce her to that obedience, from which at first she vnaduisedly strayed, but now stubbornly rebels against it, the Canon law serues rather to stoppe a breach, into which men vse to cast as wel straw and Feathers, as Timber and Stone, then to maintaine a fight and battell.

2 This I speake not to diminish the Reuerence or slacken the obligation which belongs to the ancient Canons and Decrees of the Church; but that the name may not deceiue vs; Carranza. sum. Concil. fo. 92. For, as the heretiques Vrsalius, and Valens, got together a company at Nice, because they would establish their Heresies, vnder the name of a Nicene Councell, (which had euer so much reputation, that all was readily receiued, which was truely offered vnder that name) so is most pestilent and infectious doctrine, conuayed to vs, vnder the reuerend name of Ecclesiastique Canons.

3 The body of the Canon law, which was called Codex Canonum, which contained the Decrees of certaine auncient Councels, was vsually produced in after-Councels for their direction, and by the intreaty of popes, admitted and incorporated into the body of the Romane and Imperiall law; and euer in all causes, wherein they had giuen any Decision, it was iudg'd according to them, after the Emperours had by such admittance giuen them that strength.

4 And if the body of that law, were but growen and swelled, if this were a Grauidnes, & Pregnancy which she had conceiued of General Councels lawfully called, and lawfully proceeded in, and so she had brought forth children louing and profitable to the publique, and not onely to the Mother, (for how many Canons are made onely in fauour of the Canons?) all Christian Princes would be as inclinable to g • ue her strength, and dignity, by incorporating her into their lawes, and authorising her thereby, as some of the Emperours were. And had the Bishops of Rome maintained that purity, and integrity of Doctrine, Cod. de Sum. Trinit. le. 1. Cunctos and that compatiblenesse with Princes, which gaue them authority at first, when the Emperours conceiued so well of that Church, as they bound their faith to the faith thereof (which they might boldly doe at that time) perchance Princes would not haue refused, that the adiections of those later Popes should haue beene admitted as parts of the Canon law: nor should the Church haue beene pestred, and poisoned with these tumors, & excrescenges, with which it abounds at this time, and swelles daily with new additions.

5 In which, if there bee any thinge which bindes our faith, and deriues vppon vs a Title to Martyrdome, if we die in defence thereof (as there are many things deriued from Scriptures and Obligatory Councels) the strength of that band rises so much from the nature of the thing, or from the goodnesse of the soile, from which it was transplanted to that place, that though we might be Martyrs, if we defended it in that respect, yet wee should loose that benefit, though it be an euident and Christian truth, if we defend it vpon that reason, That it is by approbation of the • ope inserted into the body of the Canon law; which is a Satyr, and Miscellany of diuers and ill digested Ingredients.

6 The first part whereof, which is the Decretum compiled by Gratian, which hath beene in vse aboue foure hundred yeares, is so diseased and corrupt a member thereof, that all the Medicines, which the learned Archbishop Augustinus, applied to it, and all that the seuerall Commissioners, first by Pius the fift, then by Gregory the thirteenth, haue practised vpon it, haue not brought it to any state of perfect health, nor any degree of conualescence.

7 But though that Bishop say, De Emendat. Grat. l. 1. Dial. 1. That Gratian is not worthy of many words, though in his dispraise, yet because he tels vs, Ibid. That the ignorant admire him, though the Learned laugh at him; And because hee is accounted so great a part of the Canon Law, as euen the Decretall Epistles of the Popes are call'd, Extra, in respect of him, as being out of the Canon Law, it shall not be amisse to make some deeper impressions of him.

8 Thus farre therefore the Catholicke Archbishop charges him, L. 2. Dial. 8. To haue beene so indiscreete and precipitate, that he neuer stood vpon Authoritie of Bookes, but tooke all, as if they had beene written with the finger of God, as certainely as Moses Tables; And hee is so well confirm'd in the opinion of his negligence, that he sayes, L. 1. Dial. 4. He did not onely neuer Iudge and waigh, but neuer see the Councels nor the Registers of Popes, nor the workes of the Fathers: And therefore sayes hee, There is onely one remedy left, which is, Vna litura. L. 1. Dial. 19. And in another place, L. 1. Dial. 16. That there can bee no vse at all made of this Collection, but that a better must be attended, out of the Originals.

9 But if his errour were onely in Chronologies, as to giue Pope Nicholas a place in the Councell of Carthage, L. 1. Dial. 3. who was dead before; Or in Arithmeticke, Ibid. as when purposely he enumerates all the Councels, to make the number lesse by foure. If this weaknesse had onely beene, that he was not able to spell, and so in a place of much importance, to Read Ephesus for Erphesfurd, Ibid. Hierome, for Ieremie, L. Dial. 4. and Hereticke for Henrie, and a hundred such; If he had stopp'd, either at mistaking of true Authors, Ibid. as to cite out of Saint Peter, that which Saint Paul sayes (which libertie his Glosser extends farther, Dist. 43. si quis. verb. postulat. and therefore cites a whole sentence, for Scripture, which is no where) Or if he had stai'd at imagining words out of false Authors, as to cite the Councell of Geneua, L. 1. Dial. 4. and Macharius the Pope, which neuer were, (as he and the Palea doe) there were an open way for him, as it is said in that Dialogue, to say with the Apostle, L. 2. Dial 8. 1. Tim. 1.13. Quia ignorans • eci.

10 But we also finde malignitie and danger to our cause, in his Falsifications. For, to dignifie the Sea of Rome, De paenit. Doct. 1 potest fi • ri. hee cites Ambroses wordes thus, Non habent Petri haereditatem, qui non habent Petri sedem; which in Ambrose is obseru'd to be, Petri fidem. And to establish the exemption of Clergie men from secular Iustice,11. q. 1. Cl • ricum Ex Conc. Agath. Can. 32. hee cites this out of a Councell now a thousand yeeres past, Clericum nullus presumat pulsare apud Iudicem Saecularem; Whereas the words of the Councel are Clericus nullus presumat. And so the Councell layes a Commandement vpon the Clergie, but Gratian layes it vpon the Layetie.

11 Which falsitie, Tom. 2. • o. 306. Binius, citing the Councell aright, and Gratians words also right in the Margine, forbeares to obserue or reprehend, and dissembles the iniurie done to the world therein. But Bellarmine hath delt herein with more obnoxiousnesse, and lesse excuse, De Clericis l. 1. c. 28 § Tertia. then Binius, because hauing no reference at all to Gratian, hee cites the words out of the Councell it-selfe; and hauing said, That Counsell pronounces in this point more clearely, in these words; He cites the words, falsely, and corruptly as Gratian did before.

12 And as for such iniquities as these, we haue reason to decline Gratian, as iniurious to vs: So al • o in Charitie towards them, which are caried with an implicite Faith in Canons, in which name Gratian is enwrapped, we are bound to tell you how vnworthy he is, to bee relied vpon by you. For in the point of the Emperours Electing the Pope, hee hath spoken so dangerously, Baron To. 9. Ann. 774. n. 13. D • st. 65 Hadrianus. St Dist. 63 In Synodo. that Baronius is forced to giue this censure vpon him, Gratian, out of too much credulitie, improuidently writ out a most manifest imposture, and inserted that, as a most strong Decree, all which, with the Author thereof, should rather haue beene hissed away, and pursued with execrations, which also he saies of another place in Gratian, to the same purpose; To 9. Anno 801. • o. 622.11. q. 1. Volumus. and accuses him of mutilating the famous lawes of Charles the Great, called Capitularia.

13 With like danger to the Romane Sea, hee cites a Canon of a Greeke Councell, Dist. 31. quoniam. whose sense he apprehended not, in the matter of mariage of Priests; for he saies, that that Canon was grounded vpon the Apostles Canons; and yet it is contrarie to the Canons of the Romane Church. So that of this place, that Archbishop of whom I spoke before, exclaimes, li. 1. Dial. 8. who can endure this? and that by no meanes it may be receaued.

14 And not onely in matters of fact (though that be the right legge vpon which the Romane Religion, (especially in Crowne Diuinitie) doth stand) doth Gratian deceaue you, but euen in such things as are matters of faith: both naturally, and so, common to all men, As when he allowes that there may be perplexities in euill, Dist. 13. Duo Mala. And Nerui. and so in some cases a necessitie of sinning, and then, sayes he, the remedie is to choose the lesse euill; as also of that which is matter of faith, especially to the professors of your Religion, which is the necessitie of Orall Confession: De p • niten • . Dist. 1. Quamuis in fine. for, hauing produced authorities on both sides, whether it be necessarie or no, he leaues it as indifferent to the Reader, to allow & choose which opinion he likes best.

15 And because the Glosse is now by some thought, to be of equal authoritie with the Text, it is not an inconuenient way to eneruate both, by presenting some of the vanities and illusions of that. And though I will not in so serious a businesse, insist vpon such thinges, as might make sport and moue laughter, yet these few I may be excusable to let fall in this place. When Gratian speakes of that Parable of the lost sheepe, L • c. 15.4. and saies, out of the Gospell, that the 99 were left in Deserto, id est, Dist. 5. Quia sanctitas. verb. In Deserto. sayes the Glosse, In Coelo, quod Diabolus per peccatum deseruit. Which, besides the detortion, destroyes vtterly the purpose of our Sauiour, in that Parable. And so when Gratian, out of a Councell cites an Act to be done,24. q. 2. Sane pro • e • tur. Verb. Item. in Ecclesia Romanorum, id est, saies the Glosse, Constantinopolitanorum.

16 In many places Gratian saies, that Dist. 22. in tantum. in fine. 24. q. 2. Sane profertur. Dioscorus had not erred, in fide; which being euidently false, for Dist. 15. Canones. et glos. ver. Defe • sorem. he followed and defended Eutyches his Heresie, the glosse remedies it thus, Non in fide, id est, non in fide tantum. And out of his fauour to Priests, Dist 31. Sacerdotibus. ver. semper. where Gratian sayes out of Bede, That Priests must alwaies abstain from their wifes, the glosse saies, Semper, id est, Horis debitis. And when out of the Nicene Councell it was produced, Dist. 33. Interd • xit. v • rb. Idoneas. That a Prelate might haue in his house no women, except his mother, or sister, or such fit persons, as might auoid suspition, that is, sayes the glosse, His mens wiues. And when Lanfred a young lusty Bishop, Dist. 34. Quorundam. v •• sama. and a great huntsman, was defamed also for immoderate familiarity with his owne daughter, the glosse sayes, It was not for any euill, for they were too neere in blood, but because he kissed her so much openly, and put his hand in her bosome.

17 And lastly, to stay you no longer, in this ill aire, Ibid. Vidua. ver. multorum. where the text saies, Meretrix est, quae multorum libidini patet, the glosse brings this indefinite number to a certaine, and saies, that that name belongs to her, when shee hath lyen with 23000. men.

18 And as these Authors in whom there are these aspersions, and such weedes as these, are therefore vnworthy, that either the Popes approbation should • all vpon them, or that any obligation should be throwne vpon our consciences, from their authoritie: so is it impossible, that any such approbation should include them both; for the glosse doth somet • mes (when no reconciliation can serue him) depart from Gratian with some disdaine; Dist. 68. sicut. ver. sicut. as when he sayes, Superficialis est Argumentatio Magistri: and sometimes in c • oler • as one notes him to say, Alb. Gent. de lib. Iur. C. 2. Fateor plane te mentitum, Gratiane: And sometimes hee doth positiuely teach the iust contrarie to Gratian, in matter of faith; as in the Doctrine of perplexities, Dist. 13. Duo mal • . which wee noted before.

19 How dangerous therfore it is to confide in Gratian, we see already, & may haue further light, by obseruing, De Concil. autor • l. 2. c. 13. § Sea obijciunt. That Ballarmine saies, that in a main point of Canonicall Scriptures, Gratian was deceiued, by trusting a false copie of Saint Augustines workes: Dist. 19. In Canonicis. And as Bellarmine saies here • that Gratian was deceiued, so Gratian deceiued him; for in that Canon which we cyted before, of the exemption of Clergy men, either Bellarmine was a direct falsifier of the Councel, or an indiscreet & credulous swallower of Gratians errours; which in his Recognition he refuseth not to confesse in another matter, whē he retracts some things which he spoke vpon the credit of Gratian, & there repents & recāts thē.

20 But you and Bellarmine may easily be misled by him, since euen a Pope himselfe was brought into a false perswasion by his errour. For, till of late, all the copies of the Decretum, in that famous Canon, Dist. 15. Sancta Romana, which distinguishes Canonicall f • om Apocryphall writings, in stead of the wordes, Sedulij opus, Heroicis versibus descriptum, had these wordes, Pierius de Barb. sace • do. §. At videte. Hereticis versibus. Which saies a Catholique authour, induced not onely many wise men, but euen pope Adrian 6. to a perswasion, that al Poetry was Hereticall; since Gelasius a Pope, and Author of that Canon, though he praised Sedulius his worke, in that place, yet because it was writ in verse, he c • ls them Hereticos versus.

21 Of them therfore which will binde their faith to the Canons, and aduentu • e these dangers for that faith (as the Canonists say, Dist. 75. quod a patrib. gloss. ver. sabbati. that Saterday and Sunday is all one, fictione Canonica so wee may say, tha • they are but Martyres fictione Canonica; and that not onely a Martyr, and a Selfe-murderer, but a Martyr and a Traytor, may be all one, Fictione Canonica. And by such fiction, that English Priest Bridgewater, which cals himselfe Aquipontanus, ouerturning and re • enuersing his name with h •• conscience, Respo. ad Georg. Sohn. de Antichrist. Thes. 15. may be beleeued, when he saies, That those Priests which were executed vnder Queene Elizabeth, died pro inficiatione pontificatus faeminei: But their malice was not because she would haue bin a Priest, but because she would not be a Sacrifice to their Idolatry, nor Ambition; nor open her heart to their inchantments, nor her throate and sides to their poisons and swords.

22 The next limme in this great body of the Canon law, after the Decretum, is the Decretall; set out by Grego • y the ninth, who was Pope about the yeare one thousand two hundred thirty. And as the Decretum pretends to bring to all purposes, sentences of Fathers, an • Canons of Counsells, So this pretends principally the Rescripts and De • retall letters of Popes. So also, doe all t • e other bookes, which were set out after, in supplement of this: as that, which is called Sextus, set forth by Boniface the eight, who was Pope, An. one thousand three hundred: and the Clementines, which Clement the fift set out, who was Pope within sixe yeares after • and those Extrauagants, which bea • e the name of Iohn the two and twenty, within ten yeares of Clement: and those which are called common Extrauagants because they come from diuers Popes: and to these is added not long since the booke called Septimus Decretalium.

23 And thus this fat law (for so Ciuilians say of that, that it is Crassa aequitas; which is a praise beyond desert, though rhey speake it in diminution & scorn) grows daily so fast, that as any corruption can get entertainment in a grosse body, so I doubt not but this, or the next age, shall see in their Octaues and future Volumes, not onely many of their letters, yet for shame cōcealed, but at Henry the thirds death, canonized in the body of this law. For though they haue denied it with some-earnestnesse, yet they haue also confest, that if it were such as it is said to be, it admits a good interpretation.

24 But for these bookes, though they haue more credit with them then the Decretum hath, I will ease my selfe of that labour, which I tooke in that booke, in presenting particular defects and infirmities, both because we haue Bellarmines confession, That there are many things in the Decretall Epistles, which doe not make a matter to be De fide, De Pont. l. 4. c. 14. § Respond. nec. but onely doe declare, what the opinions of the Popes were in those causes, and because a Catholique authour of whom we spake before, hath obserued, that the compiler of the Dec • etals, Picrius de Barba sacerd. § Hoc in genere. by leauing out a word, in a Canon of a Councell of Car • hage, hath occasion'd the Church euer since, to doe directly aganst the purpose of that Councell, in shauing the heads of Priests. De vit. & hon. Cleri. Clericus. For whereas the Councell is cited by him, Clerici nec Comam Nutriant nec barbam, by occasion whereof, many subsequent orders were brought in, for Shauing, and transgressors seuerely punish'd, it appeares that he left out in the end, the word Radant, which vtterly changed the precept into the contrary. These Canons therefore, of so sickely and weake a constitution, that any thing deiects them, cannot preuaile so much vpon our consciences, as to imprint and worke such a confidence in them, and irremoueablenesse from them, as to maintaine them with the same maner of testimonie, as we would doe the words of God himselfe.

25 For, howsoeuer they depart from them, and seeme somewhat negligent of the Canons, when we make vse of them to our aduantage against them, yet they affright and enthrall the tender consciences of their owne Disciples, with nothing more, then the name of Canons, to which promiscuously they ascribe all reuerence and assent, without distinguishing to them, which are Gratians, and which are opinionate, and which Decretall, for all together are approoued and confirmed. And therefore the Canons themselues not only inflict an Anatheme vp • on any • ay-ma • , D • st. 1 • . s • ncta Romana. which shall so much as dispute vpon, the text, or any one Iod o • the Epistle of Pope Leo, 25. q. 1. Viola • ores. which is in the Canons, but also pr • nounce it blasphemy against the holy Ghost, to viola • e a Canon willingly, becau • e • hey are made by the hyol Ghost And Bellarmine also, writing against a Doctor which had defended the Venetian ca • se, against the Popes Censures, saies, Respons. ad Docto T ••• lo. propo • it. t • r • a § Te • tia haec. That it is a g • ieuous rashnesse, not to be lef • vnpunished, that he should say, • he Canons, as being but Humane lawes, cannot haue equall authority with Diuine. For this (saies Bellarmine) is a contempt of the Canons, as though they were not made by the direction of the holy Ghost. Marsilij desens. Docto. Ca. 5, § E • rat. XI. And yet these Canons which that Doctor intimated, were but two, and cy • ed but by Gratian, and concerned onely Exemp • ion of Clergie men from secul • r • udges.

26 And so • arsons when he is to ma • e h • s aduantage of any Sentence in Gratian, vses to dignifie it thus, That it is translated by the Popes into the Corps of the Canon law, Treat. of mitig. Ca. 7. n. 42. and so not onely allowed and admitted, and approued, but commended, and commanded; and as he addes after, Nu. 43. Canonized and determined for Canonicall law, and authorized and set forth for Sacred and Authenticall, Nu 43 by all Popes whatsoeuer • For they continue st • ll that practise which Frederic the Emperour obserued in his time, Petr. de vineis. Epist. 4. l. 1. when they interdict • d his K • ngdome of Sicily, Offundunt bibulis auribus Canon • s.

27 And when they list to vrge a Canon, any litle rag torn or fallen off from • hence, Ca • si • nus lugd • ni. Ann. 1606 f • 740. must bind the Church de fide, as a cathedrall, and Decretall resol •• 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, De V •• ris super eo. 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 a • 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 Extra • . Com. De reliqui cum perexcelsa. one Canon instituted a particular Festiuall thereof, and appointed a particular Office for • 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, Ibid Graue. that any should affirme that she was conceaued in originall sinne; and yet, Victorell de Custod. Ang • lo. fo. 99. 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 De Consecra. D • st. 3. Pronunciand • m • Glos. ver. Natiuitas. 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 benefi • , yet another Iesuite since, a great Doctor perplexorum, findes escapes to defend that Doctrine from beeing Hereticall. Comitolus R • sp. Mor. lib. 1. q. 16.

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 fe • ters in all corne • s, to holde all consciences which off • r to slip or breake from them, and still oppresse them with waights, and with Mountaine of Canons. Which way, the Canonists doe no • only approue as the most conuenient to hold men in that Religion, because the Canons are more easily v • ried, and flex • ble, and appliable to occasion • , then the Scriptures are, but also (because ordin • 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. Maynardus de Priuil. Eccl. Ar. 11. • . 8.9. For so sayes one of them, in his booke to the present Pope, (with m • ch a • u • 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 co • ruption of the Canons, (which, GOD forbid any should vnde • stand me to me • 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 ente • into the suruay of those pa • ticular Canons, which vsually are obtruded in this point of the Popes temporall Supremacie, I will remember you briefly, of some of those re • sons and occasions, (such as may be fittest to vn-entangle your consciences, and deliuer them from perplexi • ies) in which the Canons doe not binde vs to the • r obseruation.

30 O • 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 rec • aued, and practised in that Country. So saies Gratian, Dist. 4. In istis. Lawes are instituted, when they are published, but confi • 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 A • exander the third, De tregua et pace C. 1. Tregu • s. glos. ver. s • ongere. though vnder excommunication, That in Armies there should bee abstinence, for reuerence of certaine dayes, binde any man • because it was not practised: which op • nion Nauarre also followes; Manual. C. 23. Nu. 41. and a late Canonist writing to this Pope, calls it, Singularem, et Magistralem, Vgolini. resp. ad 7. Theolo. §. 1. Nu 9. 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 • hat any such Canons, as enable the Pope to depose a Prince, haue beene admitted by our Princes, and practis • d as ordinarie and currant law? Or can you finde any Canon to this purpose, with the face and countenance o • 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 seditio • 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.

Azor. To. 2. l. 7. C. 3. §. Quaer • s. Vgotini. vbi supra. 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 Canons were receaued before, which euer had anie strength here, hath disused them, & pronounced against so many of them, as can fall within this question, that is, Such as bee derogatorie to the Crowne. For, if these lawes bee not borne aliue, but haue their quickning by others acceptation, the same power that giues them life, may by desertion withdraw their strength, and leaue them inualid.

33 And thus much seemed needfull to be said in the first part of this chapter, that you might see how putrid and corrupt a thing it is, which is offered to you vnder the reuerend name of Canons; And that though this Cannon law be declined, and extenuated when we vrge it, yet euery Sentence thereof is equall'd to Diuine Scripture; and produced as a definition of the Church, when it may worke their ends vpon your consciences, which, for diuers reasons issuing out of their owne rules, should now be deliuered from that yoake.

THE SECOND PART.

FOr the second place in this Chapter, I reserued the consideration and suruay of those Canons which are Ordinarily vsurped for defence of this temporall Iurisdiction: In which my purpose is not, to amasse all those Canons which incline toward that point, of which condition those which exexempt the Clergy from secular Iurisdiction, and very many other, are, but onely such as belong more directly to this point, to which the Oath stretches, That is, whether the Pope may depose a Soueraine Prince, and so we shall discern whether your consciences may so safely relie vpon any resolution to be had out of the Canons, that you may incurre the dangers of the law, for refusall thereof.

2 Of which Canons, though I will pre • ermit none, which I haue found to haue beene vrged, in any of their Authours, I will first present those Fower, which are alwaies produced with much confidence and triumph: Albericus in Dictionar. ver. Elect • o. Though one Catholique Author, which might be aliue at the making of the Clementines (for he liued and flourished about 1350, and Clement the fift died not much before 1320.) haue drawen these foure Canons into iust suspition: for thus he saies of them, The Pastors of the Church putting their Hooke into another mans Haruest, haue made foure Decretals, which, God knowes, whether they be iust or no: But I doe not beleeue (yet I recall it if it be erroneous) that any of them is agreeable to Law, but I rather beleeue that they were put forth against the libertie of the empire.

3 The fi • st is a letter of Innocent the third, who was Pope about 1199. to the Duke of Caringia the occasion of which Letter, De Electio & Elect. potest. Venera •• lem. was this; Henry the son of Frederic the first, of the house of Sueuia, succeeding his Father in the Empire, had obtained of the Princes of Germany, to whom the Election belonged, to chuse as Successo • to him, his sonne Henry: but hee being too young to gouerne • when his father died, they tooke thereby occasion, though against their Oath, to leaue him; being also d • sirous • o change the stocke, and chuse an Emperour of some other race; By this meanes was Duke Ber • holdus, by some of the Pr • nces elected; but resign'd againe to Philip brother to the dead Emperour, in whom the greatest number consented. But some of the other Princes had called home out of England, Otho of the house of Saxony, and elected him. Here upon arose such a schisme, as rent that country into very many parts: And then Innocent the third, an actiue and busie Pope (for it was he which so much infested our King Iohn) sent his Legate into those parts, vpon pretence of composing those differences. And being in displeasure with the house of Sueuia for the Kingdome of Sicily, which was in their possession, but pretended to by the Church, his Legate disallowed the election of Philip, and confirmed Otho. But some of the Princes ill satisfied with the Legates proceeding herein, complained thereof to the Pope; in aunswere whereof the Pope writes to one of them, this Letter. In which, handling his Right of confirming the elected Emperor, though he speake diuers things derogatorie to the dignity of Princes, discoursiuely, and occasionally, yet is not this letter such a Decree, as being pronounced Cathedrally in a matter of faith, after due consultation, should binde posteritie, but onely a direction to that person, how he ought to behaue himselfe in that businesse.

4 The Letter may be thus abridged; VVe acknowledge the right of the Election to be in the Princes, especially because they haue it from the Apostolicke Sea, which transferred the Empire vnto them: But, because we must consecrate the Person elected, we must also examine his fitnesse. Our Legate therefore did no Acte concerning the Election, but the person elected. Wee therefore repute OTHO Emperour; For, if the Electors would neuer agree, should the Apostolicke Sea alwayes be without a defender? We haue therfore thought it fit, to war • e the Princes, to adhere to him. For there are notorious impediments against the other: as publicke Excommunication, persecuting the Church, and manifest periurie. Therefore wee commaund you to depart from him, notwithstanding any Oath made to him, as Emperour.

5 And is there any matter of Faith in this Decretall? Or any part thereof? Is it not all grounded vpon matter of fact, which is, the Translation o • the Empire which is yet vnder disputation • Doe not many Catholicke writers denie the verie act of Transferring by the Pope; And saye, That the people being now abandoned and forsaken by the Easterne Emperours, had by the law of Na • ure and Nations, a power in themselues to choose a King? And doe not those which are more liberall in confessing the Translation, denie that the Popes Consecration, or Coronation, or Vnction in • uses any power into the Emperor, or works any fart • er, then w • en a Bishop doeth the same ceremonies to a King? Is it not iustly said, that i • the Emperour must stay for his Authoritie, till the Pope doe these acts, he is in worse condi • ion, by this increase of his Dominions then he was before. For, before he was Emperour, and had a little of Italy added to him, there was no doub • but that he had full iurisdiction, in his owne Dominions before these Ceremonies, and now hee must stay for them.

6 And may not the Popes question in this le • ter, be well retorted thus, If the Pope will not crowne the Emperour at all, shall the Empire euer lacke a head? For the Pope may well be presumed to be slacke in that office, because he pretends to be Emperour during the vacancie. But besides that an ouer earnest maintaining of this that the Emperour had no iurisdiction in Italy, before these Ceremonies, would diminish and mutilate the patrimonie of the Church, of which a great part was confe • red and giuen by Pipin, be • ore any of these ceremonies were giuen b • the pope, De Iure iurendo. the glosser vpon the Clementines, is liquid & round in this point, when he sayes, That these ceremonies, and the taking of an Oath, are nothing; and that now, Resipiscente mundo, the world being growne wiser, there must be no longer striuing for both swords.

7 For those notorious impediments, which the Pope obiects in this letter, against Philip, if they were such as made him incapable of Election, then there was a Nullity in the choise, and the Pope did nothing but declare that; which may of • en fall out in states, which elect their Princes, because there are many limitations, but in Successorie princes, it cannot hold: but if these were not such impediments, by the lawes which gouerned the Electors, they became not such, by this Declaration. For one of them, which is manifest periurie, the pope himselfe was some cause of his continuing therein. For the oath was made to his brother, in the behalfe of his young Nephew, who should haue beene Emperour. And now the Pope had not onely disabled him, but all the other Princes, from keeping that oath, by electing or confirming another Emperour.

8 But if all which the Pope sayes in that letter, shall not onely bee strong enough to binde the Election, but to binde the consciences of posterity, as matter of faith, his last reason against Philips election, must haue equall strength with the rest, which would bee of dangerous consequence; for it is, That if after his Father had beene Emperour, and his Brother, he also should succeede, the Empire would passe from Election to succession, and none should be assumed but of one house; Either then it is matter of faith, that three of one family may not succeed in an Electiue state, or, as this is, so all the rest are but arguments of inconueniencie & vnfitnes.

9 And this absoluing this Duke, to whom he writes, of his Oath, is but of an Oath made Ratione Regni, to him who neuer had the Kingdome: and therefore that power of absoluing, cannot by this Decretall be extended to such Oathes, which are acknowledged to haue beene iust, when they were made, as being made to lawfull and indubitable Princes. And certainly (for though you dare not heare, yet wee dare speake trueth,) the whole purpose in that act, of the Pope, was corrupt, and farre from intention of making peace. Of whose profit by reason of that dissention one of your owne Abbats, Vspergens. so • 1198. sayes, That there was scarse any Bishoprick, or Parish Church, which was not litigious, and the Suite brought to Rome, Sed non vacua Manu, And so he proceedes, Gaude, Mater nostra Roma, because all flowes to thee, aperiuntur Cataractae the saurorum. Reioyce for the iniquitie of the Sonnes of men; Iocundare de Adiutrice tua Discordia. Thou hast now that which thou didst alwaies thirst. Sing thy song, because thou hast ouercome the world, not by thy Religion, but the wickednesse of men, for men are not drawne to thee by their owne Deuotion, or by a pure Conscience, but by the doing of manifolde wickednesses, and by buying the Decision of their Suites and Causes.

10 The second Canon vsually produced, De Sent. et re iudic. in 6. Ad Apostolicae. and noted by Albericus (as I said) to be against Iustice, issued vpon this occasion. When Otho whom the former Pope had established against Philip, became vnthankfull to the Pope, hee also was excommunicate: and Frederick, the Sonne of the first Frederick, to whom the Princes had sworne in his Cradle, was elected and crowned; with whom also, b • c • use hee would not goe into the holy land, and expose the Kingdome of Sicily to their Ambition, the Popes fell out, and excommunicated him thrice. And when a generall Councell was gathered by Innocent the fourth, for the reliefe of the holy land, the Pope himselfe proposed Articles against the Emperour. Whose Aduocate Thaddaeus promised all, which might conduce to peace and Reformation on his Maisters behalfe. This satisfied not the Pope, but he asked for Sureties: and when the Kings of England and France, were offered, the pope refused them, vpon pretence, that if the Emperor should remaine incorrigible, the Church should by this means raise more heauy enemies to it selfe. Then Thaddaeus proceeded to excuse his Maister, in all the particular obiections, and desired that hee m • ght be personally heard, but to that the pope replied, If he come I will depart, for I doe not yet finde my selfe fit and ready for martyrdome. Binius To. 3. par. 2. fo. 1482. Yet the English which were there, extorted a fortnights leasure for the Emperours comming: but he not daring or disdaining to come, the pope proceeded to this sentence of Depriuation; which, sayes the Relater the • eof, He thundred out terribly, not without the amazement and horrour of all the hearers and by-standers. And Thaddaeus protested vppon it, This day is a day of wrath, and of calamity and miserie.

11 So this Bull proceeded from a distempered Pope, and at a time when hee was not assisted with the Holy Ghost, for he was not in a readines to suffer Martyrdome for him. And where the Inscription saies, it was Presenti Concilio; the Margin notes, that it is not said approbante Concilio, though it assigne this for the reason, least the Pope should seeme to neede the Councell.

12 So that, though it reach full as farre as Pius the fift his Bull against our late Queene (for it depriues, it absolues Subiects, and it excommunicates all adherents) yet it hath nothing by which it should be called a Canon, or lawe to direct and gouerne posterity; for there might be as much infirmity in this act of Depriuing, as in the former of Excommunicating; yea it was subiect to much more errour then that acte of spirituall iurisdiction, which hath beene lesse questioned: yet in the preamble of this sentence, the pope saies of those former sentences, If the Church haue iniured him in any thing, she is ready to correct her selfe, to reuoke, and to make satisfaction. So that it may be, the pope erred in both these acts.

13 Nor doe those wordes which are in the Inscription, Ad perpetuam rei Memoriam, giue it the strength of a precedent, and obligatorie Canon, but rather declare out of what shoppe it came, since that is the ordinary stile of the Romane Court, and not of the Canons of Councels. Nor can it euer be deduced by any consequence, out of this Sentence, That the Pope hath the same power ouer other Soueraigne Princes, as he exercised there against the Emperour; because hee proceeded against him (though vitiously and iniuriously, and tyrannically) by colour of a Superiority claimed by him, and then not denied by the Emperour, but testified by diuers Oathes of Fidelity to him, which cannot be extended against those princes, which admit no dependency vpon him, by any reason conteined in this Sentence.

14 By the third of these foure principall Rescripts, Clement the fift annuls a Iudgement made by the Emperour Henry the seuenth, Clement. de Sentent. & re iudic. pastoralis. Anno 1306. against Robert king of Sicily, whom as a subiect of the Empire, the Emperour had declared a Rebell, and depriued him of his Kingdome and absolued his subiects of their obedience. And the reasons why the Pope interposes himselfe herein, are not grounded vpon his power, as he is Pope, or as he is spirituall Prince, but meerely as he is a temporall Prince. For first he saies, The King of Sicily held that Kingdome of the Church; and the Pope, who was thereby his ordinary iudge, ought to haue beene called to the iudgement; And that the Emperour could not take knowledge of faults committed at Rome, as those, with which that King was charged, were laid to be: Nor his Iurisdiction and power of citation extend into the territory of the Church where that King was then residing: nor he bee bound vpon any Citation, to come to a place of so certaine danger.

15 It is not therefore for this part of the Decretall, that either they alleadge it so frequently, or that Albericus laid that marke vpon it, that it betrayed the authority of the Emperours; for in this particular case, I should not bee difficult to confesse, some degrees of Iustice, in prouiding that the Sentence of the Empe • or should not preuaile, where na • urally and iustly it could not worke; especially the pope proceeding so manne • ly, as to reuoke it after the Emperors death; and as the Glosse saies, Ad tollendum murmur Populi, who grudged that the Emperour should dispose of them, who were the subiects of the Church.

16 But the danger is in the last clause, which is, We out of the Superiority, which without doubt we haue ouer the Empire, and out of that power, by which we succeed therein, in a vacancy, and by that power which Christ gaue vs in Peter, declare that iudgement to bee voide, and reu • ke all which hath beene done thereupon. For the first part of which Clause, touching his Superiority ouer the Emperor, if he had any (which, as many good authors denie, as affirme it • ) he had it by contract betweene the Emperour and the Church; and he neither can, nor doth claime that, at least not all that which hee pretended in the Empire, in other princes dominions; for where doth he p • etend to succeede • n a Vacancy, but in the Empire? And if he had that right, Iure Diuino, it woul • st • etch to all other places: And • f it be by Con • ract, that cannot be but conditionall and variable in it selfe, and not to be drawen into e • ample to the preiudice of any other prince. And • or his last title, which is the power deriued by S. Peter to him, because in this place he extends it no further but to a defence of S. Peters patrimony, and onely by declaring a Sentence to be void, which otherwise might scandalize some of his subiects, we haue no reason to exagitate it in this pl • ce, nor haue you any reason to assure your consciences, by the instruction or light of this Canon, that that power extends to any • uch case, as should make you, in these substantiall circumstances, of great de • riment refuse this Oa • h.

Clement. de Iure iurando vnica. 17 The four • h Canon, which is, the Clementine of the diuers Oathes sworne by the Emperours to the Popes, though it be euer cited, and be by Albericus i • stly accused of iniustice: yet it can by no extension worke vpon your conscience. For the purpose thereof is but this; That diffe • ences continuing betweene the Emperour and the King of Sicily, and • he Pope writing to reconcile them, he vseth this as one induction, That they had both sworne Fidelity and Alleageance to him. The Emperor answered, That he vnderstood not that Oath, which he had taken, to be an Oath of Alleageance: And therfore the Pope, afte • the Emperou • s death, in this Decretall pronounces, That they are Oathes of fidelities and Alleageance, and that whosoeuer shall be created Emperour, shall take those Oathes, as such. But, to leaue it to the Lawyers, (whose tongues, and pennes are not silenc • d by this Decretall,) to argue whether they be oathes of Alleageance, or no, and imposed by the pope essentially, so as the Emperour had no iurisdiction without them (the first being a Constitution of the Emperour Otho, and not of the pope, Dist. 63. Tibi Domino. (if it be rightly cited by Gratian) The second but an oath of Protection of the Church, and the pope, And the third, only o • a pure and intire obseruing of the Catholique faith) who can presse an argument out o • this Canon, though it we • e wholy confessed and accepted as it lies, that the pope may depose a king of England? De Pontif. l. 5. C. 8. §. septimum. For Bellarmine informes your consciences • ee • er then any of those Con • ellors, who auert you from the oath, by this, and such Canons • That the Empire not depending absolutely vpon the Pope, but since Charlemains time, this Oath of Alleageance is taken of the Emperour, because the Pope translated the Empire vpon him. And whether • his be true or false, in the la • ter part of translation, yet his reason and argument discharges all other supreme princes, ouer whom the pope hath no such pretence.

18 Hauing passed through these foure, wee will consider those Canons, which are in Gratian, to this purpose. The first whereof may iustly be the Donation of Constantine. Dist. 96. Constantinus. Which though it be not Gratians, but inserted, by the name of Palea (of whom, whether hee were a man of that name, a Scho • ler of Gratian, or whether he called his Ad • dition to Gratian, Paleas in humility, the Canonists are like to wrangle, as long as any body will read them) yet it is in the body and credit of Canon law.

19 Towards the credit of this Donation, there lackes but thus much, to make it possible, That the Emperour had not power, to giue away ha •• e his Empire, and that that Bishop had not capacitie to receiue it, And but thus much of making it likely, That the Church had no possession thereof, but that it remained still with the Successors of the Emperours: for if it had these degrees of possibility or credibility, & did not speake in barbarous language discording from that time, nor in false Latine vnworthy of an Emperours Secre • arie, nor gaue the pope leaue to confer orders vpon whom he would, nor spoke of the Patriarchate of Constantinople, before it had either that Dignity, or that Name, I should be content, as I would in other fables, to study what the Allegory thereof should be. But since the Pope can liue without it, And Az • rius tells vs, To. 2. l. 4. C. 19. e • 20. that though the Donation bee fal • e, yet the Pope hath other iust titles to his estates, (though, by his leaue, he hath no such title, as will authorize him to depose Princes, as Soueraigne Lord ouer all the Westerne Kings, as they pretend by this, if it were iustifiable) I will leaue it as they doe, as a thing too suspicious and doubtfull, to possesse any roome, but that which it doth in Gratian. Onely, this I will adde, that if the power of the Emperour were in the Pope, by vertue of this Donation, yet wee might safely take this Oath, because this Kingdome hath no dependance vpon the Empire.

20 The next that I finde alleadged, (to keepe this Order, Dist. 9. Quae contrae. as they lie in Gratian) is a sentence taken out of S. Augustine, by which you may see how infinite a power, they place in the Pope: His words are: If the King must bee 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 sp • ake not against God?

Dist. 10. lege. 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 Met • 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, Dist. 21. Omnes. 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 absol • tion, in which capaci • 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, Dist. 96. Du • sunt. another Pope, Gelasius writes to Anastasius the Emperour, comparing Secular and Ecclesiastique d • gnity. And he sa • 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 • 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 befo • e Principality, seemes to them • o conduce to that point. Now I will follow Gratian in his other parts where the first is,2. • . 7. Nos si. the Canon Nos si incompetenter, which is ve • y of • en vr • ed, but it is so farre • rom in • luding this power of Deposing, that it excludes it; • or, allowing the Priest powe • 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.

9. q. 7. Episcopo. 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 digni • 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, sa • 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, Ca. patet. ver. Innocentius. 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,15. q. 6. Alius. 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 • 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 f • om coarcting the Popes power, that wee may easily deprehend in the Glosse, more • 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. 7. q. 1. quamuis. petijsti. To proue w • ich, he cites two other Canons; In which places it appeares, That to Bishoppes vnable by reason o • 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;15. q 6. Authoritat • m &c. that they handle the Popes authority in Absoluing and Dispensing from Oathes: And the first is c • ted often and with great courage; because besides the word Ab omnibus Iuramentis, & cuiuscunquemodi obligationibus absoluimus, there followes, parsue thē 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.

Ibid. 28 After this, followes that solemne and famous Canon of Gregory the seuenth, Nos sanctorum. Of whom, since he had made a new rent in the body of the Church, (as Authors of his own Religion (if he had any) professe,) it is no maruaile that he patched it, with a new ragge in the body of the Canon law. Thus therefore he saies, Insisting vpon the statutes of our predecessors, by our Apostolique authority, wee absolue from their Oath of Alleageance, all which are bound to persons excommunicate; And we vtterly forbid them, to beare any Alleageance to such, till they come to satisfaction. But to whom shall these men be subiect in the meane time? To such a one as will be content to resigne, when so euer the other will aske forgiuenesse? Ambition is not an ague; it hath no fits, nor accesses, and remittings; nor can any power extin • guish it vpon a sodaine warning. And if the purpose of Popes in these deposings, were but to punish with temporarie punishment, why are the Kingdomes, which haue been transferred by that colou • , from Hereticall Princes, still with-held from their Catholique Heires?

29 But who these predecessors, of whom the Pope speaks in this letter, were, I could neuer find. And it appeares by this, that this was an Innouation, and that he vsed Excommunication to serue his own ends, because in another Canon he sayes,11. q. 3. Quoniam. That many perished by reason of Excommunications; and that therefore he being now ouercome with compassion, did temper that sentence for a time, and withdraw from that band, all such as communicated with the excommunicate person, except those by whose Counsaile, the fault was perpetrated, which induced the Excommunication. And this, sayes the glosse, he did, Ver. Quoniam. because he saw them contemne excommunication, and neuer seek Absolution; for all those whom he exempts by this Canon, were exempt before his time by the law it selfe. So that where he sayes Temperamus, Ver. Temperamus. it is but Temperatum esse ostendimus; and hee did but make them afraid, who were in no danger, and make them beholden to him, whom the law it selfe deliuered. And of this Canon in speciall words D'Auila Par. 2. Ca. 6. Disp. 11. Dub. 90 one of their great men sayes, That it binds not, where it may not be done, without great damage of the subiect.

15. q. 6. Iuratis. 30 Of his Successor, almost immediate, (for Victor the third lasted but a little) I finde another Canon, almost to the same purpose; for he wr • tes to a Bishop, to forbid the Souldiers of an Earle, who was excommunicate, to serue him, though they were sworne to him. For, saye • he • They are not tied by any authority to keepe that alleageance, which they haue sworne to a Christian Prince, which resists God and his Saints, and treads their precepts vnder his feete. But in this man, as Gregories spirit wrought in him, Binius. To. 3. • ar 2. fo. 1293. wh • lst he liued, for he was his Messenger to publish the Excommunication against the Emperour in Germany, so Gregories ghost speakes now; for all this was done to reuenge Gregories quarrell; though in his owne particular hee had some interest, and reason of bitternesse, for he had beene taken and ill vsed by Henry in Germany.

q. 1. G • n • rali. 31 In the 25 Cause there is a Canon which tasts of much boldnesse; What King so euer, or Bishop, or great person, shall suffer the Decrees of Popes to be violated, Execrandum Anathema sit. But these (for in this Cause there are diuers Canons, for the obseruing of the Canons) are for the most part such imprecations, as I noted before, Gregory the first • o haue made for preseruation of the priuiledges of Medardus Monastery, and some other of the same name (of which kinde also Villagut, De re • us Eccle • . 〈…〉 2. l. 3. C. 5. N. 17. hath gathered some other examples;) And at farthest, they extend but • o excommunication; and are pronounced by the Popes themselues, and are intended of such Canons, as are of matters of faith, that is, such as euen the Popes themselues are bound to obserue; as appeares here, by Leo • he fourths Canon, Ideo permittente. And here I will receiue you from Gratian, and leade you into the Decretals, whom they iustly esteeme a little better company.

32 To proue the Popes generall right, Qui filij sunt legit. Causam quae. C. 4. &c. 7. & De offic. Deleg. ca. 17. to interpose in all causes (which seemes to conduce to the Question in hand) they cite often this case falling out in England; which is, vpon seuerall occasions three or foure times intimated in the Decretals. It was thus: Alexander the third, writes to certaine Bishoppes in England, to iudge, as his Delegates, in a Matrimoniall cause. And because the person whose legitimation was thereby in question, was an • eire, and the Mother dead, and the Pope thought it not fit, that after her death, her marriage should bee so narrowly looked into, since it was not in her life, therefore he appoints, That possession of the land should bee giuen first, and then the principall point of the marriage proceeded in. And by this they euict for him a title in temporall matters Accessorily, and Consequently. But if they consider the times, they may iustly suspect vniust proceeding; For it was when Alexander the third did so much infest our King Henry the second. And it seemes he did but trie by this, how much the King would endure at his hands; for when he vnderstood that the king tooke it ill, then came another Letter, related also in the Canons, wherein hee confesseth, that that matter appertaines to the King, and not to the Church, And therefore commaundes them to proceede in the matter of the marriage, without dealing with the possession of the land.

Tit. • od. per v • nerabilem. 33 Another Canon, not much vrged by the defenders of direct Authoritie, but by the other faction, is a Letter of Innocent the third. In which Letter, I beleeue the Pope meant to lay downe, purposely and determinately, how farre his power in Temporall matters extended. For it is not likely, that vpon a Petition of a priuate Gentleman, for Legitimation of his Children, who doubted not of his power to doe it, the Pope would descend to a long discourse and proofe out of both testaments, and reasons of conueniencie, that he might doe it, and then in the end, tell him, hee would not, except hee meant, that this Letter should remaine as euidence to posteritie, what the Popes power in Temporall causes was. Let vs see therefore what that is which he claimes.

34 A Subiect of the King of France, who had put away his Wife, desires the Pope to legitimate certaine Children which he had by a second wife. And, it seemes, he was encouraged thereunto, because the Pope had done that fauour to the King of France before: The Pope answers thus, By this, it seemes, that I may graunt your request, because I may certainely Legitimate to all spirituall capacities, and therefore it is Verisimilius, & probabilius, that I may doe it in Temporall. And, sayes he, It seemes that this may be prooued by a similitude, because hee which is assumed to bee a Bishop, is exempted thereby from his fathers iurisdiction; and a slaue deliuered from bondage, by being made a Priest: And, hee addes, In the patrimonie I may freely doe it, where I am supreme Prince: But your case, is not the same as the Kings was, not o • ly for spirituall considerations, which are, That he was lawfully seperated, and pretended neerenesse of blood, and was not forbid to marrie againe, and your proceeding hath beene without colour, and in contempt of the Church. But the King, who had no Superiour in Temporall matters, might without doing wrong to any other, submit himselfe to our iurisdiction; But you are knowen to be subiect to another. Thus farre hee proceeded, waueringly, and comparatiuely, and with conditions and limitations.

35 And least this should not stretch farre enough, he addes; Out of the Patrimonie in certaine causes, wee doe exercise Temporall iurisdiction casually, Ver. Certis. which the Glosse interprets thus, That is when wee are requested • And the Pope hath said before, That he which makes this request, must be one that hath no Superiour: And in this place he sayes, That this may not be done, to preiudice anothers right. But after this, vpon a false foundation, that is, an errour in their Translation (where in Deuteronomie, 1 • .12. Death being threatned to the transgressour of the sentence, Of the Priest and Iudge, they haue left out the Iudge) he makes that state of the Iewes, so falsely vnderstood, to be a Type o • Rome, and so Rome at this time to be Iudge of all difficulties, because it is the seate of the high Priest. But he must be thought more constant, then to depart from his first groūd and therefore must meane, When superiour Princes, which haue no other Iudges, are in such doubtes, as none else can determine, Recurrendum est, ad sed • m Apostolicam; that is, they ought to do it, rather then to go to the onely ordinary Arbitrator betweene Soueraigne Princes, the sword.

36 And when such Princes doe submit their causes to him, in such cases hee de • lares himselfe by this Canon, to be a competent Iudge, though the matter be a ciuill businesse, and he an Ecclesiasticall person: and though he seeme to goe • omewhat farther, and stre • ch that typicall place in Deuteron. to • gree with Rome so farre, that as there, so here, he which disobeyes, must die, yet hee explanes this death thus, L • t him as a dead man, be seperated from the Communion, by Excommunication. So that this Canon p • rposely enacted to declare temporall authority, by a Pope, whom none exceeded in a st • ffe and earnest promo • ing the dignity of that Sea, procedes onely by probabilities, and verisimilitudes, and equiualencies, and endes at last with Excommunication; and therefore can imprint in you no reason to refuse this Oath. For out of this Canon, doth Victoria frame a strong argument, That this most learned Pope doeth openly confesse, by this Canon, that he hath no power ouer the King of France in Temporall matters.

37 Another Canon of the same Pope is often cited, De iudicijs nouit by which, when the King of England complain'd, that the King of France had broken the Peace, which was confirm'd by Oath, the Pope writes to the Bishops of France, That though he intende not to iudge of that Title, in question, which appertaines not to him, yet the periurie belongs to his cognisance: and so, he may reprooue, and in cases of Contumacie, constraine, Per districtionem Ecclesiasticam, without exception of the persons of Kings: And therefore, sayes he, If the King refuse to performe the Articles, and to suffer my Delegates to heare the cause, I haue appointed my Legate, to proceede as I haue directed him. What his Instructions were, I know not by this; but beyond Excommunication, you see by the Text, he pretends not: Whatsoeuer they were, this is certaine, That the Princes of those times, to aduantage themselues against their enemies, with the Popes helpe, did often admit him, to doe some acts against other Princes, which after, when the Pope became their enemie, themselues felt with much bitternesse. But in this Canon, hee disclaimes any Iurisdiction to iudge of Titles; which those Popes tooke to themselues, who Excommun • cated our late Queene (if Parsons say true, That they had respect to the iniustice of her Title, by reason of a Statute) and all those Popes must doe, which shall doe any act, which might make this Oath vnlawfull to you.

No • erit. Gra • em 38 In the title De Sent. Excom. there are two Canons, which concernes onely Excommunication of Heretickes, and in • ringers o • Ecclesiasticke Immunitie, and are directed but to one par • icular place. VVhich, though they can impose no • hing vpon your conscience against this Oath, may yet teach you not to grudge, that a State which prouides for her securitie by Lawes and Oathes, expresse it in such words, as may certainely reach to the principall purpose thereof, and admit no euasions. For so these Canons doe, when they Excommunicate, All of all Sexe,, of any Name, Fauourers, Receiuers, Defenders, Lawmakers, Writers, Gouernours, Consuls, Rulers, Councellours, Iudges, and Registers of any statutes, made in that place against Church liberties.

De prescriptionibus. 39 That the Canons haue power to abrogate Ciuill lawes of Princes, they vse to cite the Canon Quoniam omne, made by Innocent the third, who hath made more Canons then halfe of the Popes before him. And if this doe not batter downe, yet it vndermines all secular power. For they may easily pretend, that any Lawe, may in some case occasion sinne. This Canon hath also more then Ordinary authority, because it is made in a generall Councell: thus it • aies, Absque bona fide, nulla valeat praescriptio, De Pont. l. 5. c. 6. § Itaque. Ex Cod. De prescriptionibus. tam Canonica, quam ciuilis: And this, saies Bellarmine, doth abrogate an Imperiall lawe, by which prescription would serue, so that it begann Bona fide, though at some time after, he which was in possession, came to know, that his title was ill; but the Canon l • w requires that he esteeme in h • s conscience, his title to be good, all the time, by which he p • escribes. But by this Canon, that particular Imperiall lawe is no more abrogated, then such other lawes as cannot be obserued without danger of sinne, which includes not onely some Ciuill Constitutions, but also some other Canons; For your Glosser saies, Ver. Nota quod That the Canon derogates from all Constitutions, Ciuill and Ecclesiastique, which cannot be obserued without deadly sin: that is, it makes them guilty in foro interiori. ver. Tam Canonica. He addes, That he doth not beleeue, that the Pope did purpose by this Canon, to preiudice the ciuill lawes, nor that the wordes are intended of ciuill and secular law, but that by those wordes, Tam ciuilis, quam Canonica, the Pope meanes, that a prescriber Malae fidei, is guilty in conscience, whether it be of a matter Secular or Ecclesiastique. For (saies bee) though some say, the Pope meant to correct the law herein, yet this correction is not obserued in Iudicio Seculari. And therefore (saies hee) I doe not beleeue, that the Pope himselfe is bound to iudge according to this Canon, where he hath temporall iurisdiction, because hee hath that Iurisdiction from the Emperour: therefore the Imperiall law standes still, and is not abrogated by this Canon, though of a generall Councell.

Cap licet • 40 This Pope also by a Canon in the title de Voto, hath gone the farthest of any, which haue fallen within my obseruation: for a King of Hungary, which had made a vowe to vndertake a warre for Hierusalem, preuented by death, imposed the execution thereof vpon his yonger sonne, who binding himselfe to performe it, with the armie which he leuied for that purpose, in pretence, troubled his brother in his Kingdome: To him therefore Innocentius writes, That except he doe forthwith performe the vow, he shall be excommunicate and depriued of all right to that Kingdome; and that the kingdome, if his elder brother die without issue, shall deuolue to his younger brother. But all these threatnings, except that one of Excommunication, were not thundered by the Pope, as though hee could inflict them, out of his authority, but he remembers this ill-aduised Prince, that except he performe the will of his father, he looses his inheritance by the law: Verb. priuand •• . Which the Glosse in this place, endeuours to proue, and to that purpose cytes, and disputes some of the lawes in that point.

De Ma •• r. & Obedient. 41 The Canon Solitae, though it be euery where alleadged, and therefore it importunes me to mention it, reaches not to our question, for it is onely a Reprehension made by a Pope, to a Greeke Emperour, because hee did not affoord his Patriarch of Constantinople dignity enough in his place. And he tels him, that he mistakes S. Peters meaning, in his Epistle, where he teaches obedience to Emperours; For, saies he, he writ but to those which were vnder him, and not to al;1. Tet. 2.13. and he did prouoke them to a meritorious humility, not informe them of a necessary Duety; For, saies he, if that place shall be vnderstood of Priests, and literally, then Priests must bee subiect to Slaues, because it is Omni Creaturae, neyther (saies he) is it said, To the King, absolutely Precellenti, but tanquam precellenti, which was not added without cause. For (saies the Glosse) this word, Tanquam, is Similitudinarium, Ver. Tanquam non expressiuum veritatis; So that S. Peter doth not call the king Superiour in truth, but as it were Superiour; as I noted the Cardinals to subscribe Letters to persons of lower ranke, Vester vti frater. And that which followes, of the punishment of euill doers, and praise of God, is not (saies he) that the King hath power of the sword ouer good and euill, but onely ouer them, which because they vse the sword, are vnder his iurisdiction. Then proceedes he to magnifie Priesthood, because Ieremie, to whom Commission was giuen ouer Nations, was descended of Priests: and because the Sunne which designes Priesthod, is so much bigger then the Moone: with so many more impertinencies, and barbarismes, and inconsequences, that I wonder why he, who summ'd it, should so specially say of this Canon, that it is Multum Al • egabile.

42 In the Canon Grauem, Honorius the third writes to certaine Prelates, whose Church had receiued much detriment by a Noble-man, That since he hath continued contemptuously vnder Excommunication two yeares, if vpon this last monition he refuse to conforme himselfe, they should discharge those Churches from their obedience to him, and denounce those which ought him alleageance, to be discharged therof, as long as be remained Excommunicate. But it appeares not here, whether hee were a Subiect of the Romane Church or no; And yet appeares plainely that he was no Soueraigne, and therefore no precedent in our case, in which there could not easily be restitution giuen to any, after another were in possession.

43 In the next volume of the law, which they call Sex • us, De Supplend. neglig. praelat. Grandi • n sexto. I haue noted in their Authours but one Canon, which comes within any conuenient distance of this point, which is a Letter of Innocent the fourth to the Nobility of Portugall, by which, vnder paine of Excommunication hee commaunds them, to receiue the kings brother, as coadiutor to that king, Notwithstanding any Oath of Alleageance, or resistance of the King; So that they preserued the right in the King, and in his children, if he shall • aue any: Which, being but matter of fact, doth not constitute a rule, nor binde consciences, especially when for the fact it selfe, the note saies in that place, Literâ, b. in Margine. That the Pope ought not to haue interposed himselfe in that businesse.

44 In the Extrauagants • f Pope Iohn the two and twenteth, Si fratrum. there is one Canon which would take great hold of consciences obliged to that Sea, but that it proceedes from a Pope infam'd for heresie, and claimes that Iurisdiction, which it there inculcates, in the right of being Emperour, at that time, when the throne, by the death of Henrie the seuenth, was vacant. Thus it sa • es, Since it is cleare in law, and constantly obserued of olde, that in a vacancy of the Empire, because then there can be no recourse to any Secular Iudge, the Iurisdiction, Gouer • ment, and Disposition of the Empire deuolues to the Pope, who is knowne to haue exercised all these therein by himselfe, or others: whereas diuers continue the offices of the Empire, without our Confirmation, we admonish all vnder Excommunication, euen Kings, to leaue off those titles; and if they doe not so, within two moneths (how could hee prophesie so long a vacancie?) Wee will Excommunicate the persons, and interdict the Dominions of them all, Etiam superiores et inferiores Reges, and proceede with them, spi • itually and temporally, as we shall farther see to be expedient. And wee absolue all men, of all Oathes, by which they were bound to them. But, as I said before, this right of inflicting temporall punishment hee claim • s as Emperour; and the spirituall punishments are threatned to no other, nor in any other Capacity, then as they are officers of the Empire, of which then hee imagines himselfe supreme Prince, and so he is enabled to doe all those acts, vpon any Prince which depends vpon the Empire, which he might doe Ordinarily in the Patrimony; and all, which the Pope and the Emperour together might doe vpon any Prince, which vsurped the titles and dignities of the Empire, without the Emperours approbation.

45 In the Common Extrauagants, that which they call vnam Sanctam, made by Boniface the eight, Anno 1302. hath the greatest force of all: both because it intends to proue and to Decree a certaine proposition, That it is of the necessitie of Saluation to be subiect to the Pope, and also because it determines it with Essentiall and formall words, belonging to a Decree, Declaramus, Definimus, Pronunciamus. And though in the body and passage of the Decree, there are sometimes arrogations of Secular Iurisdiction, by way of argument, and conueniencie, and Probable consequence; yet is there nothing drawne into the definition, and Decree, and thereby obligatorily cast vpon our Consciences, but onely this, That a Subiection to the Pope is, of the necessitie of Saluation. Ver ponatur. For, sayes the glosse, it was the intention of the Pope in this Decretall, to bring reasons, examples, and authorities, to proue that Conclusion. So that, as if it pleased him to haue said so definitiuely, without arguing the case, the Decretall had beene as perfit and binding, as it is after all his reasons, and argumentation: so doe not his Reasons bind our reason, or our faith, being no part of the Definition, but leaue to vs our liberty, for all but the Definition it selfe.

46 And a Catholique which beleeues by force of this Decretall, That he cannot be saued except he obay the Pope, is not bound to beleeue there • fore, that these words of S. Iohn, 10.16. There shall be one sheepe-folde, and one sheepheard, are meant of a Subiection of all Christian Princes to the Pope, as this Decretall, by way of Argument, sayes; but he may be bold, for all this, to beleeue an elder Pope, that this is spoken of ioyning Iewes and Gentiles in one faith; Grego Homil. 14. or Theophilact, That this proues one God to be the sheepheard of the olde and new Testament, against the Maniches. Citat. Ema • Sa. Nor is he bound, because this Decretall saies it by the way, to beleeue that the words in Saint Luke, 22 38. Behold here are two swords, to which Christ did not answere, It is too much, but it is enough, doe proue the spirituall and temporall swords to bee in the disposition of the Church; but he is at liberty for all this, Sâ. to b • leeue Chrysostome, That Christ by mentioning two swords in that place, did not meane, that they should possesse swords, (for what good (sayes he) could two swords doe?) but he forwarned them of such persecutions, as in humane iudgement would neede the defence of swords. Or he may beleeue Ambrose, That these two swords, l. 10. Com. in lacam. are the sword of the Worde, and the sword of Martyrdome: of which there is mention in S. Luke, Luc 2.35. A sword shall passe thorow my soule. So that these swords arme them to seeke the truth, and to defend it with their liues: or hee may beleeue S. Basil, who saies, That Christ spoke Prophetically, that they would encline to vse swordes, though indeede they should not doe so. Both which expositions of Chrysostome and Basil, Ema. S. • . a Iesuite remembers, and addes for his owne opinion; That Christ did not confirme two Swords to the Church, by Saying, It is enough, but onely, because they could not vnderstand him, he broke off further talke with them, as we vse when we are troubled with one, who vnderstands vs not, to say, Tis well, Tis enough.

47 For Bellarmine is our warrant in this case, who saies, De Pont l. 5. c. 5. Secundo. That those wordes intimate no more, but that the Apostles, when persecution came, would be in as much feare, as they who would sell all to buy swords: and that Pope Boniface did but mystically interprete this place.

48 And as the exposition of other places there cited by Boniface, and his diuers reasons scattered in the Decretall, • al not within the Definition therof, no • binde our faith; so doth it not, that those wordes spoken by God to Ieremy, I haue set thee ouer the nations, 〈1 paragraph〉 and ouer the Kingdomes, and to plucke vp, and roote out, to destroy and to throw downe, to build and to plant, are ve • ifi • d of the Ecclesiastique power, though he say it. But any Catholique may boldly beleeue that they were spokē only to Ieremy, who had no further Commission by them, but to denounce, and not to inflict those punishments. For it were hard, if this Popes Mysticall expositions should binde any man (contrary to his oath appointed by the Trent Councell) to leaue the vnanime consent of the Fathers in expounding these Scriptures: and so an obedience to one Pope should make him periured to another. The last D • finition therefore of this Decretall, which was first and principally in the purpose and intention of this Pope, which is, Subiection to him, is ma • ter of faith to all them, in whom the Popes Decre • s beget fai • h, but temporall Iurisdiction is not hereby imposed vpon the conscience, as matter of faith.

49 But because this Canon was suspiciously penn'd, and perchance misinterpretable, and bent against the kingdome of France, betweene which state and the Pope there was then much contention, so that therefore it kept a iealous watch vppon the proceeding of that Church, Clement the fif • , who came to be pope within foure yeares after the making of this Canon, Extra • . Com. de priuileg. M • ruit. made another Decree, That by this Definition or Declaration of Boniface, that Kingdome was not preiudiced, nor any more subiect to Rome, then it was before the making of that Decree. And though it was not Clements pleasure to deale cleerely, but to leaue the Canon of Boniface, as a stumbling blocke still to others, yet out of the whole History this will result, to vs, that if this temporall Iurisdiction, which some gather out of this Canon, were in the Pope, Iure Diuino, hee could not exempt the kingdome of Fraunce; and if it were not so, no Canons can create it But euen this exemption of Clement proues Bonifaces acte to be Introductory, and new, for what benefite hath any man by being exempted from a Declaratorie law, when for all that exemption, • ee remaines still vnder the former law, which that declares: So that nothing concerning temporall Iurisdiction is defined in that Canon; but it is newly thereby made an Article of faith, that all men must vpon paine of damnation be subiect to the Church in spirituall causes; from which Article it was necessary to exempt France, because that kingdome was neuer brought to be of that opinion.

Licet • aelici. Rescriptorum. 50 And in the last Volume of the Canon law, lately set out in the Title, De Rescrip. & Mand. Apost. there is one Canon of Leo the tenth, and another of Clement the seuenth, which annull all Statutes and ciuill constitutions, which stoppe Appeales to Rome, or hinder the execution of the Popes bulles; and inflicts Excommunication, and Interdicts the Dominions of any, which shall make or fauor such Statutes. But because these Canons doe not define this • , as matter of faith, I doubt not but the Catholiques of England would bee loath to aduenture the daungers which our Lawes inflict, vpon such as seeke Iustice at Rome, which may be had here: And they doe, though contrarie to these Canons, in continuall practise, bring all their causes into the Courtes of Iustice here, which, if the Canons might preuaile, belong'd to Rome.

51 And these be all the Canons, which I haue mark'd either in mine owne reading of them, or from other Authors which write of these questions; to bee cited to this purpose. Those which concerne Ecclesiasticke immunitie, or the Popes spirituall power I omitted purposely • And of this kind which I haue dealt withall, I doubt not but some haue escaped me. But I may rather be ashamed of hauing read so much of this learning, then not to haue read all.

52 Heere therefore I will conclude, that though to the whole body of the Canon Law, there belong'd as much faith and reuerence, as to the Canons of the old Councels, yet out of them, you can finde nothing to assure your consciences, that you may incurre these dangers for refusall of the Oath. Nor may the Pope bee presum'd to imag • ne, that he shal re-establish himself in any place, which hath escaped, and deliuered it selfe from his vsurpations, by any Canon Law, except he be able to vse that Droict du Canon, which Montmorencie the French Constable, perswaded his King to vse against a Towne which held out against him.

CHAP. XI. That the two Breues of Paulus the fift, cannot giue this assurance to this Conscience; First, for the generall infirmities, to which all Rescripts of Popes are obnoxious: And th • n for certaine insufficiencies in these.

THough that which hath beene said in the former Chapter of the Decretall Letters of Popes, extend also to these Breues, since they are all of the same elements and complexion, and subiect to the same diseases and infirmities: Yet because these two Breues, may bee said to haue beene addressed directly and purposely to giue satisfaction in this particular businesse, they may challendge more obedience, and lay a more Obligation then those other Decretals, which issuing vpon other occasions, doe not otherwise concerne the question in hand, then by a certaine relation, and consequence, and comparison of the circumstances which produced them, with the circumstances which begot these Breues.

2 It seemes that the Pope when hee would restraine the subiects of Princes, and keepe them short, when he would cut off there naturall and profitable libertie of obeying Ciuill Lawes, when he would fetter and manacle them in perplexities, and make them doe lesse then they should, to the losse of life, and liberties, he is content to send his Breues; But when he will swell and blow vp Subiects with Rebellion, when he will fill them with opinions, that they may resist the entrances, or interrupt the possessions of Princes, when hee will haue them doe mo • e then they should doe, then come forth his Buls. Anto. August. de Emend. Grat. l. 2 Dial. 2. For they say their Buls are so called out of the tumor, and swelling of the Seale; Tholoza. Syntag. l. 15. c. 4. n. 10. And the other, because they are dispatch'd vnder a lesse Seale, Sub Annulo piscatoris, are therefore called Breues; For, in temporall businesses of forraigne Princes, his Letters are euer defectiue, or abundant; they command too much, or too little.

3 And as the Popes haue euer beene abstinent in declaring and expressing in certaine and euident tearmes, how they haue this temporall Iurisdiction, least hauing once ioynde issue vpon some one way, all men should bende their proofes against that, and being once defea • ed, they could be admitted to no other plea, then themselues had chosen to adhere to, and relie vpon: So haue they abstained as much from giuing any binding resolution, in the question, how farre the ciuill lawes of Princes doe binde the subiects conscience. 〈◊〉 c. 23. N • . 48. For Nauar • us testifies of himselfe, and of Caietane, and others, that it was much desired of the Councell of Trent; that it would haue defined something certainely in that point: for the want of this definition brought him to contradict himselfe, and to hang in a perplexed suspence, and various change of opinions, fiftie yeares; and at last to resolue, That Ciuill lawes do • not binde the consciences, ad Mortale, in some such cases, De vi et Pot. leg. human. as Carninus, his Catholique Aduersarie, saies, It is Haeresi proximum, and Temerarium, and sometimes Haereticum to say so.

4 If therefore we shall follow in this point Carninus his opinion, Ca. 8. who deliuers as the most common and most probable, yea, necessarie Doctrine, That because Ciuill lawes are no more to be called Humane lawes, P • r. 1. C. 1. then Ecclesiastique are, (for so also Nauarrus confounds the names) and that in power of binding, C. 3. Humane lawes, that is, Ciuill, and Ecclesiastique, are equall to Diuine law, because in euery iust law the power of God is in • used, And therfore, Diuinitas ista (as he calls it) inheres in all lawes, & to transgresse them is sin, And not only because the Maiestie of God, who quickens and inanimates this law, by a power deriued vpon his Lieutenant, is violated thereby, but euen in respect of the matter and Subiect, which is in euery law, that is, The common good, and tranquility, and to offend against that, is to offend against rectified Reason, and therefore since, This opinion, I say, being receiued as true, and so this law which commaunds this oath, made by a lawfull power, and for the publique Good, and generall tranquility, being in possession of the Subiects Consciences, and binding them vnder danger of Mortall sinne, whatsoeuer can warrant any man to transgresse this law, must haue both Authority, and Euidence enough, to assure the Conscience, which till then is bound thereby, that either for some Substantiall, or for some formall Defect, this was neuer any law, or that it is Abrogated, or that the persons of Catholiques are exempted from it.

5 And haue these Breues of the Popes gone about to giue your Consciences, as good reasons against the oath, as you were possessed withall before, for it? Are you as sure that these Breues, or that any Breues can binde your Conscience in this Case, as you were before, that the law could? And are you as sure that there are Breues, as that there is a law?

6 If the statute which enacts a Subsidie, which by the Kings accep • ation becomes a law, and so bindes the Conscience, should so esteeme the refusall of the payment of his taxation in any person, to bee an argument of disloyalty, as to make it capitall to refuse it, would you thinke that it such a Breue as these are, should tell you, that you might not pay it, with out detriment of Christian faith, you might die as Martyrs for refusall thereof?

7 If such a Breue should forbid you to suffer your children to bee wards, to deliuer land escheated, or confiscate, to disobey the Kings emprest when hee leuies an Armie, or any such act due by conscience to his lawes, should this worke so vpon you, as to make you incurre the penalties of lawes, or suspicion of ill affected subiects? Nor can you say, that these are meere temporall matters, and therefore remoued from his Iurisdiction; for all sinne is spirituall, and hee is Iudge what is sinne.

8 How weake a ground for Martyredome, and how vnsufficient to deuest a conscience of an obedience, imposed in generall by nature, and fastned with a new knot by an expresse law, are such sickly and fraile Breues, as the smallest and most vndiscernable errour, euen in matter of forme doth annihilate? for first, in the Ti • le of Constitutions and Rescripts of Popes (which is alwaies the next Title to that of the Trinity and Cathol • que Faith, in all the bookes of the Canon law, except those bookes which haue no Title of the Trinity & Catholique faith) there appeares very many Reasons by which a Breue may bee of no force.

Extra. de Rescript. ex par •• . 9 Alexander the third, w • iting to an Archbishop of Canturbury, giues a rule of large extent; That in these kinde of letters (that is, such as proceede vpon information, as our case is) this condition; If the request be vpon true grounds, is euer vnderstood, though it be not expressed. And writing to the Archbishoppe of Rauenna, Ibid. Si quando. he saies, If at any time we write such things to you, as exasperate your minde, you must not bee troubled; but diligently considering the quality of the businesse, whereof we write, either reuerently fulfill our command, or pretend by your Letters a reasonable cause why you cannot: for we will endure patiently, if you forbear to performe that, which was suggested to vs by euill information. And so doth that title abound with Interpretations, Limitations, and Reuocations of such Breues.

10 And not onely Delegate Iudges, and such persons as ha • e an inward knowledge, of errour in the cause which mooued the Pope to write, haue power to iudge these Breues, to bee inualid, and of no force, Ibid. ad Audientiam. but euery Schoole-master. For Lucius the third, by a Rescript of his forbids any credit to be giuen to any Rescript, in which there is false Latin • to which also the Glosser adds, That it vitiates a Breue, if the Pope speake to any one man in the plurall number; Ver. Manifestū. or call a Patriarch or a Bishop sonne.

11 And, as many Omissions, and many Adiections in the body of the Breue, eyther in matter, or in forme do • h annull it, So would it make any considerate conscience to doubt, whether such a Breue can warrant the expence of blood, or incurring other Capitall dangers, that obserues, how often the Breues which haue issued vpon best consideration and assistance of Counsell, haue beene reuoked; not vpon new emergent matter, but vpon better knowledge of the former. Of which it seemes to me to be of good vse, to present one illustrous and remarqueable example.

12 Eugenius the fourth, hauing first by one Bull dissolued the Councell held at Basil, and transfered it to another place, the Councell for all that proceeding, the Pope by a second Bull, annuls all which that Councell had yet, or should after Decree; and this, by the Councell, and Assent of the Cardinals. After this the Councell cytes him, and all his Cardinals, vpon whom it inflicts confiscation, and other penalties, if they forbeare to come. And then the Pope by a third Bull annuls that decree of Citation, and excommunicates al persons, euen Kings and the Emperour, if they execute vpon any, that Decree of the Councell. And then he publishes a fourth Bull, by which he answeres all obiections made against him by the Councel, and hauing so established his owne innocence, he annuls all acts made in preiudice thereof, and this also with assent and subscription of the Cardinals. And at last he sends out a fift Bull, in which hee takes knowledge, that his first Bull of dissoluing the Councell, had occasioned many grieuos dissentions, and was like to occasion more, and therefore now, he Decrees and Declares (by the Councell and Assent of his Cardinals still) not only that the Councell of Basil should from thenceforth be good and lawfull, but that it was so, when that Bull came, and that it had beene so from the time of the beginning thereof. And so in expresse wordes, hee annuls his annulling of it: and he reuokes two former Buls, and pronounces them Irritas, Annullatas, Cassatas; by the first whereof he had disabled the Councell, and by the second had excommunicated Princes, which should execute that, which he pronounces now to be iust: and of the other Bull he saies, It proceeded not from him, nor by his knowledge, though it were testified by the Cardinals, and endorsed formally by his Secretary. And euen this last Bull of so many Reuocations, Annihilations, and Tergiuersations was not thought strong, nor out of the danger of being reuoked againe, till the Councell accepted it, and ratified it by applying the BVLL and Seale of the Councell to it.

13 So is it familiar in the Popes, not for the variety of iust occasion, but for pe • sonall hate to their predecessors, to annull the acts of one another. So Stephen the sixth or seuenth, Caranza. fo. 414. abrogated Omnes ordinationes, of Pope Formosus, and digged him vp, and cut of some of his fingers, Binius. To. 3. par. 2. fo. 1047. and cast him into Tyber, and made all to whom he had giuen Orders, take new Orders againe. Carran. Ibid. And next yeare Pope Romanus abrogated all Stephens Acts; and within seuen yeare after, came Sergius, who refreshed the hate against Formosus, Id. fo. 415. and beheaded his body; which I wonder how he found, since Pope Stephen had so long before cast it into Tyber.

14 And in a matter so mainly concerning faith, as amongst them, an Autentique translation of the Bible, is, betweene the Edition of Sixtus the fift, and the Edition of Clement the eight, there is so much difference, euen in absolute and direct Contradictions, as he which reades the seuerall Breues, by which those two Editions are authorised; both hauing equall iustifications of the present Editions, equal absolutions from oathes for admitting any other, equall imprecations and curses, for omitting these, may well thinke that that is a weake and litigious title to Ma • tyrdome, which is grounded vpon the Popes Breues, which he himselfe, when he sends them, knowes not whether they be iust or no.

15 For, as they haue forbidden many lawfull things, and offered to destroy the lawes themselues, so haue they allowed and authorized manie things, which our owne Reason, and discourse, and Experience, can conuince of falshood.

16 It is the common opinion that Eugenius the third, confirmed Gratian • Of whom, we may be bolde, out of that learned Bishop which hath made animaduersions vpon him, • o say, That he knew neither things nor words, mistooke matters and names, erred in places, and times, and had neither seene Fathers, Councels, nor Rolls. And though this B • shop seeme not to beleeue that Eugenius did confirme him, Dialo. 3. yet hee confesses, That hee which doth beleeue such a confirmation, is bound thereby to beleeue as many errours, as are in Gratian. For, it seemes we haue no longer liberty to doubt, after such a confirmation: as it will follow euidently out of Bellarmines fashion of arguing, De purg. l. 1. C. 9. Altera. when he sayes, We are bound to obay the Pope, when hee institutes a festiuall of a Saint; yet wee are neuer bound to doe against our conscience; and therefore we may no longer doubt it; but wee must make his Decree our conscience. So that if either Eugenius confirmed it before, or Gregory the thirteenth since, our liberty is precluded, and we must credulously, and faithfully swallow, not onely all the vnwholsome, and insipid negligences, ignorances, and barbarismes of Gratian, but all the bitter and venomous mixtures to Christs merit, and all the blasphemies and diminutions of his Maiest • e, which Boniface the ninth, and Martin the fift, haue obtruded to vs, by approuing and confirming by their Bulls, Histor. de Sacr. Sindone. Par. 1. Epist. • ector. the Reuelations of Saint Brigid; for so sayes Paleotus they haue done.

17 These heauie inconueniencies, and dangerous precipitations into errours, being foreseene by some of the ancient Schoolemen, out of their Christian libertie, and prudent estimation of the Popes Authoritie, they haue pronounced this infallibilitie of iudgement, to bee onely then in the Pope, When he doeth applie all Morall meanes to come to the knowledge of the trueth; As, hearing both parties, aud waighing the pressures and afflictions, which he shal induce vpon them whom he inflames against their P • ince, and proceeding mildly and dispassionately, and not like an interessed person, and to the edification, not destruction of them, whom onely he esteemes to be his Catholicke Church.

18 And this seemes so reasonable, that though the Iesuite Tannerus at first cast it away, De libert. Eccles. l. 2. c. 9. as the opinion onely, Quorundam ex Antiquioribus Scholasticis, yet afterwards hee affoords an interpretation to it; but such a one, as I think any Catholique would be loth to venter his Martyrdome thereupon, if he were to die for obedience to a Breue. For thus he saies, In euery matter, when a Hypotheticall proposition is made, of the condition whereof we are certaine, then the whole proposition must not be said to be Hypothetically and Conditionally true, but absolutely. And this he exemplifies by this Proposition: If Christ doe come to iudgement, there shall be a resurrection, which proposition is absolutely and not conditionally true, because we are certaine that Christ will come to Iudgement: And so he saies, That it is the meaning of all them who affirme that the Pope may er • e, except he vse ordinarie meanes, onely to inferre, that hee dooth euer vse those meanes, without all doubt and question. But with what conscience can this Iesuite say, That this was the meaning of these Schoolemen, when in the same place it appeares, that the purpose of those Schoolemen, was • o bring the Pope to a custome of calling Councels, in determining waighty causes; for when they say, He may erre except hee vse Ordinarie meanes, and they intended generall Councels for this o • dinary meanes, can they bee intended in s • yin • so • to meane that the Pope did euer in such cases vse Genera • l Councels, when they reprehended his neglecting that ordinary meanes, and laboured to • educe him • o the practise thereof?

19 And though most of these infirmities incident to Breues in generall, doe so reflect vppon these two Breues in question, that any man may apply them, ye it may doe some good to come to a neerer exagitation and tri • l • of the necessary obliga • ion which they are ima • ined to imposed. It is good Doctrine which one of your men teaches; That euen in lawes, Carninꝰ de vi • t pot. leg Huma. C. 10. euery particular man hath power to interprete the same to his aduantage, and to dispence with himselfe therein, if there occurre a sudden case of necessity, and there be no open way and recourse to the Superiour. The first part of which Rule would haue iustified them, who tooke the oath before the Breues (though they had had some scruples in their conscience) by reason of the great scandall to the cause, and personall detriment, which the refusall was li • ely to draw on.

20 Nor can the Catholiques be said, to haue had as yet recourse to their Superiour, when neither their reasons haue beene aunswered or heard, which thinke the oath naturally and morally law • ull, nor theirs who thinke, that in these times of imminent pressures and afflictions, all inhibitions ought to haue beene forborne, and that any thing which is not ill in it selfe, ought to haue been permit • ed for the sweetning and mollifying of the state towards them.

21 Their immediate Superiours here in England haue beene in different opinions, and therefore a recourse to them cannot determine of the matter: And for recourse to the Pope, the partie of Secular Priests haue long since complained, that all waies haue beene precluded ag • inst them. And if they had iust, or excusable reasons to doubt, that the first Breue issued by Subreption, they had more reasons to suspect as many infirmities in • he second, because one of the reasons of suspecting the first, being, That their Reasons were not heard, but that the Pope was mis-informed, and so misledde by hearking to one partie onely, the second Breue came, before any remedy or redresse was giuen, or any knowledge taken of the complaint aga • nst • he first.

22 Certainely I thinke that if he had had true in • ormation, and a sensible apprehension, that the s • ffe • ing of his party in this Kingdome, was like to b • so heauie, as the lawes threatned, and a pertinacy in this re • usall, was likely to extort, hee had beene a lauish and prodigall steward of their liues, and husbanded their bloods vnthriftily, if he had not reserued them to better seruices heereafter, by forbearing all inhibitions for the present, and confiding and relying vpon his power of absoluing them againe; when any occasion should present it selfe to his aduantage, rather then thus to declare his ambitions, and expose his seruants and instruments to such dangers, when by this violence of his, the state shall be awakened to a iealous watchfulnes ouer them.

23 It is not therefore such a disobedience as contracts, crinduces sinne (which it must be, i • it be matter enough for Martyrdome) not to obey these Breues, though thus iterated; for it is not the adding of mo • e Cyphars after, when there is no figure before, that giues any valew, or encrease to a number. Man. C. 23. N. 38. Nauarrus vpon good grounds, giues this as the Resultance of many Canons there by him alleadge, That it is not sinne in a man not to obey his Superiour, when hee hath probable reasons to thinke, that his Superiour was deceiued in so commaunding, or that he would not haue giuen such a command, if he had knowne the truth. And can any Catholique beleeue so profanely of the Pope, as to thinke, that if hee had seene the effects of the powder treason, euery Church filled with deuout and thankfull commemorations of the escape, euery Pulpit iustly drawing into suspition, the Maisters which procured it, and the Doctrine wherewith they were imbued, euery vulgar mouth extended with execrations of the fact, and imprecations vppon such as had like intentions, euery member of the Parliament studying, what clau • es might be inserted for the Kings security, into new lawes, and the King himselfe to haue so much moderated this common iust distemper, by taking out all the bitternesse and sting of the law, and contenting himselfe, with an oath or such obedience as they were borne vnder, which i • they should refuse, there could be no hope of farther easinesse, or of such as his Maiestie had euer shewed to them before, Might any Catholique, I say • beleeue, that the Pope if he had seene this, would haue accelerated these afflictions vpon them, by forbidding an Act, which was no more but an attestation of a morall truth, that is, ciuill obedience, and a profession, that no man had power to absolue them, Citat. Theod. Niem. Nem. vitio. Tract. 4. Ca. 9. against that which they iustly auerred to be such a Morall & indelible truth? Might he not reasonably and iustly haue applied to the Pope, • hat which Anselmus is said to haue pronoū ced of God himselfe, Minimum inconueniens est Deo impossible, and concluded thereupon, that it was impossible for the Pope to be Author of so great inconueniences?

24 And if the Popes Breues were not naturally conditioned so, that in cases of enormou • de • ri • ment and inconuenience, to the cause and per • ons, the rigour thereof might be remitted, since in such occurrences, the reason of those Breues doth euiden • ly cease, which is euer, vnderstood to be the aduancement of the Romane Church; And if in all cases, all Breues must haue their full execution vnder the paines and penalties inflicted therein, the Catholiques of England are in worse condition by some former Breues of the Popes, then the offending and violating these two later, can draw them into. For (to omit many of like, and worse danger) That generall Rescript of Clement the seuenth, which I mentioned before, pronounces, That not onely by the Bulla Caenae, all such are excommunicated though they be Princes, as hinder the execution of the Apostolique letters, or such as giue such hinderers any Counsaile, helpe, or fauours directly, or indirectly, publiquely, or secretly, or by any colour or pretence, (which words will reach to all those, who haue refused, or doubted and disputed these Breues) but also that the Kingdomes and places, where those offende • s are remaining, are interdicted; And then in the rigour of this Breue, how can the Priests exercise their functions heere in England, if the Bulla Caenae, and a locall interdict oppresse it.

25 And by such seruile obedience to Breues, as this is all suc • Catholickes as haue relieu'd & succor'd themselues, with that weake distinction of the • ourt of Rome, and the Church of Rome, shall loose and forfeit all the aduantage which that affoorded them; For, when they shall bee pressed with numbers of Veniall Indulgences, and of ambitious Buls, and vsurpations vpon the right of other Princes, they shall not bee able to finde this ea • e, to dischardge all vpon the Court of Rome, if the Church of Rome make it matter of Faith to obey the Rescripts of the Court of Rome, which produce these enormities. For since the Pope is the Church, how can you diuide the Church from the Court? Since, either as the Court is Aula or Curia, the Pope is the Prince, and as it is Forum, he is the Iudge, and the Ordinarie. And since all those Buls, which are loaded with censures, or with Indulgences proceede from him as he is the Church, (for those powers are onely in the Church) how can you impute to his act any errour of the Court?

26 It was whilst Nero continued within the limits of a good and a iust Prince, that Tacitus said of him, Annal. 13. Discreta fuit domus a Repub. but when hee stray'd into Tyrannie, it was not so. Nor is the Court of Rome, any longer distinguished from the Church of Rome, if the Church iustifie the errours of the Court, and pronounce, that hee which obeyes not that Court, is not in that Church, as it doeth in Excommunicating all them, which obey not the Rescripts and Breues of Popes.

Ap • end. ad lib. de Pont. 27 So that when Bellarmine vndertooke to aunswere all, which had beene obiected out of Dante, and Bocace, and Petrarche, against Rome, it was but a lasie escape, and around and Summarie dispatch vpon wearinesse, to say, that all that was meant of the Court of Rome, not of the Church; and therefore it was a wise abstinence in him, not to repeate Petrarchs words, but to recompense them by citing other places of Petrarch in fauour of the Romane Church. For though Petrarch might meane the Court, by the name of Babilon, and by imputing to it Couetousnesse and Licentiousnesse, yet when he charges Rome with Idolatrie, and cals it the Temple of Heresie, can this be intended of the Court of Rome?

28 The disobedience to Popes (in whome no moderate men euer denied some degrees of the leauen and corruption, of such passions and respects as vitiate all mens actions) was not alwayes esteem'd thus hainous, though in matters neerer to the foundations of Faith, then these which are now in question. The famous dissention betweene Pope Stephen and Cyprian, is good euidence thereof. For though now they say, Bell. de Pont. l. 4. c. 7. § tertia ratio That the Pope did not pronounce, De fide, against rebaptization, but onely say, that it might not bee vsed: And that he did not Excommunicate Cyprian, but onely say, that he ought to be excommunicate; yet this is as farre as the Pope hath proceeded with you: and after he had done thus much, Bellarmine saies, it was lawfull for Cyprian to differ from him: I •• d § & 〈◊〉 . because hee thought that the Pope was in a pernitious errour. And though Cyprian is neuer found to haue retracted either his Doctrine of rebaptization, or his behauiour to the Pope, yet the seuerest Idolaters of that Sea, haue neuer denied him a roome amongst the blessed Saints of the purest times.

29 And tho • gh they are for their aduantage content to say now, To. 10 Anno 878. N. 41. that Cyprian was neuer excommunicated, yet it is not denied by Baronius, but that Ignatius the Patriarch of Constantinople was, and that he died excommunicate; and resisted to the end of his life, the Popes Rescripts, by which hee was commaunded to leaue all the Countrie of Bulgaria to the iurisdiction of the Church of Rome. But this (saies Baronius) he did not out of any displeasure to the Pope, but to defend the iurisdiction of his Church, as he was bound by oath, vnder the da • ger of damnation: for his purpose was not to take away anothers right but to keepe his owne.

30 And was not this your case, before the Breues came? Is not ciuill obedience either really or by intention and implication sworne by euery subiect to the King in his birth, and after? and do you not by this last oath defend, not onely the Kings right, as you are bound, vnder danger of damnation, but your owne libertie who otherwise must bee vnder the obedience of two Maste • s? and haue these two Breues made your case to differ so much from his, that that which was lawfull to him, may not be so to you? when as to you the Breues haue onely brought a naked and bare commandement, without taking knowledg of your allegations: but the Pope gaue Ignatius three seuerall warnings; and disputed the case with him: and tolde him that by the records at Rome, it was euident, and that no man was ignorant, that that region belong'd to the Romane Church, and that Ignatius his pretences to it, because the enemy had interrupted the Romane possession were of no force; which he proues by a Decree of Pope Leo, and diuers other waies: Yet for all this, Ignatius held out, endured the excommunication, and died vnder that burden, and yet God hath testified by many miracles, the holinesse and sanctitie of this reuerent man.

31 Dioscorus the Bishop of Alexandria, Dist. 22. In tantum. & 24. q. 2. •• ane profertur. exceeded al these passiue disobediences and contempts of the Popes, and proceeded to an Actiue excommunication of the Pope himselfe: and yet for all this, it is said of him, Higgons. fo. 32. Non errauit in fide. And what opinion was held of our Bishoppe Grosthead, 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, Theodor.a Niem de Scrip. l. 1. c. 42 a bolde and wittie man, had aduentured to co • uay secre • ly cer • aine questions, in which he decl • 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, Na • ar. Manual. c. 27. n. 147. Clem. Exiui. Tit. de verb. si • ni • . (which were the best labourers in the Popes Vineyard, til the Iesuits came) so it were forbidden vpō 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. Ver. Obedientia. 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, De p • t. pa • . & Conc. § Sed quia 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 • aies, Ibid. § preterea. 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, Ibid. § & preterea. 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, Ibid. 87. si quis 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 Azor. To. 2. l. 4. C. 5. §. Tertio. 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?

Ibid. §. Decimaseptima. 36 And so also saies Fran. a Victor. and as manie as speake ingenuously, That where the Mandates of the Pope, are in Destru • 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, D'Auila de censuris. par. 2. C. 6. disp. 11. Dub. 9. 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. Alf. Castr. de potest. leg. l. 1. C. 5. Docum. For so also, sayes another of your great men, It is often expedient to obey euen an vniust law, to auoid scandall. Comitolus. Resp. Moral. li. 1. Q. 47. 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 immura • 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 • 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 at Rome, and also by effects thereof, because by the second Breue, the complaints against the first were not remedied, And since in such cases, the interpretation and dispensation of Breues, when necessitie oppresses you, belongs to your selfe, who cannot bee esteemed disobedient, for abstaining from doing such a commaund, as you doe iustly thinke to be erroneous, and that your Superiour would not importune it, if hee knew perfitly your condition, and estate: since their rigorous obseruation of Breues, might cast you vnder a locall interdict, and sterue you for spirituall food, And makes you iustifie all the errou • s of the Court of Rome, by making the Court, & the Church, all one: since Cyprian, Ignatius and others, haue beene iustly reputed holy men, & Saints, though they disobeyed the precepts of Popes, made vpon more reasons, and stronger comminations, and broken with lesse excuse, then these Breues may be by you: since lastly the Pope cannot by pretence of aduauncing the Church serue his owne ambitions to your destruction, you may as well flatter your selfe, with specious Titles, for not swimming if you were cast into a Riuer, or for not running out of a house, if it were ready to fall vppon you, as you may thinke your selues Confessors (in your sense) for suffering t • e penalties of this law, or they may thinke themselues Martyrs, whose execution • or other treasons, this Refusall may hasten.

CHAP. XII. That nothing requir'd in this Oath, violates the Popes spirituall Iurisdiction; And that the clauses of swearing that Doctrine to bee Hereticall, is no vsurping vpon his spirituall right, either by preiudicating his future definition, or offending any former Decree.

THe same office which our s • erties performe for vs, at our Baptisme and Regeneration, the Lawe vnder • akes at our Ciuill birth; For the Law is Communis sponsio Reip. Dig. Tit. 5. L • . 1. And as they which were our stipulators at the Font, take care when we come to abilitie of Discretion, that we doe by some open declaration, as frequenting Diuine Seruice, and so communicating with the Church in the worde and Sacraments, testifye that wee acknowledge our selues incorporated and matriculated into that Christian warfare, wherin they entred our Names, So hath Law prouided, that when we grow to be capable of Good and Euill, wee should make some publicke protestations of that Obedience to the Prince, which by our birth in his Dominions, and of his Subiects, wee had at first contracted. Thereupon hath it proceeded that by our Lawes at sixteene yeares of age, an Oath hath beene requir'd of euery Subiect. And besides this generall Oath, it hath in all well gouern'd Estates, beene thought necessary, that they which were assum'd to any publicke function in the State, should also by another Oath, appropriated to that calling, be bound to a iust execution of that place; And therfore it seemes reasonable which a Lawyer sayes, That he which vndertakes to exercise any Office, Par. de Put. de Syndic. fo. 481. before he haue taken the Oath, belonging thereunto, Tenetur Maiestatis, because he seemes to doe it by his owne Authoritie. Nor might a Souldier, Mar Donatus in Sueto. c. 16. though hee were in the Tents at the time of Battell, be admitted to fight against the enemie, if he had not taken the Oath. And the Notaries in the Courts of Rome, if they delay to dispatch them, who would by Appeale, In septimo Tit. 2. c. 1. or otherwise bring causes into those Courts, are by a l • te Decretall guilty of periury, because being sworne to aduance the profit of that place, and the Apostolique Authority, this is accounted an interpretatiue periury.

2 So also hath it beene a wise and religious custome, in matters newly emergent, and fresh occurrences, if either forraigne pretences, or inward discontentments, threatned any commotions in the State, to minister new Oathes, to all whom it might concerne; not as newe o • lig • tions, but as volun • ary and publique confessions, that all the former oathes sworne in Nature and in Law, doe re • ch and ex • end to that case then in question, and that they were bound by them, to the maintenance of the peace and tranquility of the present State.

3 And at no time, and to no persons, can such Oathes be more necessary, then to vs now, who haue beene awakened with such drummes as these, Apolog. of Iesuit, c. 5. There is no warre in the world so iust and honourable, be it ciuill or forraigne, as that which is waged for the Romane Religion. And especially in this consideration are Oathes a fit and proper wall and Rampart, to oppose against these men, because they say, Ibid. That to the obedience of this Romane Religion, all Princes and people haue yeelded themselues, eyther by Oath, vow, or Sacraments, or euery one of them. For against this their imaginary oath, it is best, that a true, reall, and lawfull oath be administred by vs.

4 The Iesuites which in their Vowe to the Popes will, haue sworne out all their obedience at once, in a Hyperbolicall detestation of oathes, doe almost say true, Spongia pro I • suit. fo. 79. when they professe, That they auoide an Oath worse then periury: But though they haue borrowed this protestation of the Esseni, Serarius Trihaeres. l. 3. c. 4. Ar. 34 who were in so much estimation amongst the Iewes, yet this declining of Oathes wrought not vppon them, as it doth vpon the Iesuites; for the Esseni did willingly take Oathes, Ar. 37. that they would attempt nothing against the Magistrate; out of this reason, that they beleeued it hapned to no man, to be a gouernour without the pleasure of God • Since therefore the Iesuites abhorre such oaths, Par. de Put. de syn. • c. fo. 990. Hier. Gigas de laes. Ma. l. 3. rubr. 1. q. 5. Nu. 2. & it is a good presumption, that Schollers are guilty if their Masters were, and sonnes are punished, because they are iustly suspected to inherit their fathers malignity, and ill disposition; It was necessary to present such an oath, as might discouer how much of their Masters poison, and of their Fathers ill affections to this State, the Iesuites disciples, and spirituall sonnes had swallowed and digested.

5 And when an Oath is to bee conceiued and framed, which hath some certaine scope and purpose; it were a great impo • encie or slackenes in the State, if it should not be able, or not dare to expresse it in such tearmes, as might reach home to that purpose, and accomplish fully all that which was intended therein; especially in these times of subtile euasions and licentious equiuocations.

6 When Paulus 4. had a purpose to take in, and binde more sorts of men, by that oath which was framed according to the Trent Councell, for them onely who were admitted to spirituall dignities, and some few others, and so to swear all those men fast to the Doctrine of that Councel, and to the obedience of the Church of Rome, it is expressed in so exquisite and so safe wordes, as can admit no escape. For, how ignorant soeuer he be in controuerted Diuinity, euery one which takes that oath, must sweare, That there are seuen Sacraments instituted by Christ; which any of their Doctors might haue doubted and impugn'd an houre before; as it appeares by Azorius, Azoriꝰ Insti • . Mor. To. 1. l. 2. ca 9 praecep. prima § quoti • scu • que. that Alensis and Bonauenture did of Confirmation, Hugo Victor and Lombard of extreame vnction, Hostiensis and D • randus of Matrimony, and others of others: and he must sweare, That he beleeues Purgatory, Indulgences, and veneration of Reliques: and hee must sweare, That all things contrary to that Co • ncell are hereticall. And this oath is not onely Canonized (as their phrase is) by being inserted into the body of the Canon law, In septimo Tit. 1. ca 4. but it is allowed a roome in the Title, De Summa Trinitate, & fide Catholica, and so made of equall credite with that. And that Baro • res • . ad Card. Colum. Nu. 31. oath by which the Cardinals are bound to the maintenance of the Church priuileges is conceiued in so strong and forcible wordes, that Baronius calls it Terribile Iuramentum, & saies, that the only remembring of it inflicts a horror vpon his minde, and a trembling vpon his body.

7 And with equall diligence are those oathes framed which are giuen to the Emperours, Cerem sacr. Ca. de Coron Imp. when they come to be Crowned by the Pope. For before he enters the land of the Church, he takes one oath, Domino Papae iuro, that I will exalt him with all my power. And before he enters Rome, he sweares, that he will alter nothing in that Gouernement, And before he receiues the Crowne, he sweares, that he will protect the Popes person and the Church. And in the creation of a Duke, Ibid. ca. de creat. Duc. because hee might haue some dependance vpon another Prince, the Pope exhibites to him this oath; I vow my reuerence and obedience to you, though I be bound to any other.

8 So did Gregory the seuenth exact a curious oath of the Prince of Capua, Binius To. 3. Par 2. • o. 1161. that he would sweare Alleageance to the Emperour, when the Pope or his Successors should admonish him thereto, and that when hee did it, he would doe it, with reseruation of his Alleageance to the Pope. And so when the Emperour Henrie the seuenth, though he confessed that he had swo • ne to the Pope, yet denied that hee vnderstood that Oath to be an Oath of Alleageance or Fidelity, the Popes haue tooken order, not onely to insert the oath into the body of the Canon Lawe, Clem. de Iure iurand. but to enact thereby, That whosoeuer tooke that Oath after, should account and esteeme it to bee an Oath of Alleageance.

9 With how much curiositie and vnescapablenesse their formes of Abiuration vnder oath are exhibited? They thought they had not giuen words enow to Berengarius, De Consecrat. Dist. 2. Ego. till they made h • m sweare, That the body in the Sacrament, was sensibly handled, broken, and ground with the teeth; which he was bound to sweare, Per Homousion trinitatem. And they dressed and prepard Hierome of Prage, Sess. 19. an oath, in the Councell of Constance, by which he must sweare, freely, voluntarily, (or else bee burned) and simplie, and without condition, To assent to that Church, in all things, but especially in the Doctrines of the Keyes, and Ecclesiastick immunities and reliques, and all the ceremonies, which were the most obnoxious matters.

10 But yet this seem'd not enough; De i • sta Haereti. Punitio. l. 1. c. 111 And therefore, though Castrensis say, That there is no Law, by which he which abiures, should bee bound to abiure any other Heresie, then that of which he was infamed, yet hee sayes that it stands with reason, that he should abiure all. And accordingly the Inquisition giue an oath, in which, sayes hee, Nulla manet rimula elabendi; For he must sweare, That he abiures all Heresies, and will alwayes keepe the faith of Rome; And that he hath told all, of others, and of himselfe, and euer will doe so; And that if he doe not, he renounces the benefit of this Absolution, and will trouble the Court with no more dayes of hearing; but sayes he, Ego me iudico.

11 And if wee doe but consider the exacte formes, and the aduantagious words and clauses, which are in their Exorcismes, to cast out, and to keepe out Diuels, they may be good inducements, and precedents to vs, how diligent we should be, in the phrase of our Lawe • , to expell and keepe out Iesuites, and their Legion, which are as craftie, and as dangerous.

12 When therefore it was obserued, that not onely most of the Iesuites Bookes which tooke occasion to speake either of matter of State, or Morall Diuinitie, abounded with trayterous and seditious Aphorismes, and derogatorie from the dignitie of Princes in generall; but that their Rules were also exemplified, and their speculations drawne into practise in this Kingdome, by more then one Treason; and by one, which included and exceeded all degrees of irreligion and inhumanity, then was it thought fit to conceiue an oath, whose end, and purpose, and scope was, to try & finde out, who maintained the integrity of their naturall and ciuill obedience so perfectly, as to sweare, that nothing should alter it, but that he would euer do his best endeuour to the preseruation of the Prince, what enemie so euer should rise against him.

13 And if any of the materiall words, or any clause of the Oath, had beene pretermitted, then had not the purpose and intent of the Oath beene fulfilled; That is, no man had auerr'd by that oath, that he thought himselfe bound to preserue the King against All enemies, which to doe, is meere Ciuill obedience. For though the generall word of Enemie, or Vsurper, would haue encluded and enwrapped as wel the Pope, as the Turke, when either of them should attempt any thing vpon this Kingdome • yet, as it hath euer beene the wisdome of all States, in all Associations and leagues, to ordaine Oathes proper to the busines then in hand, and to the imminent dangers: So now it was most necess • rie to doe so, because the malignitie of men of that perswasion in Religion, had so violently broke foorth, and declar'd it-selfe; Which happie diligence, the effect praises and iustifies enough, since it appeares, that if these particular clauses had not beene inserted, they would haue swallowed any Oath, which had beene presented in generall termes and haue kept their Consciences at large to haue done any thing, which this Oath purpos'd to preuent.

14 He therefore that should desire to bee admitted to Sweare, that hee would preserue the King against all his enemies, Except the Pope, or those whom he should encourage or imploy; Or that he would euer beare true Allegeance, Vntill the Pope had discharged him, or that he • would discouer any conspiracie which did happen before the Pope did authorize it; Or that he would keepe this Oath, Vntill the Pope gaue him leaue to breake it: this man should be farre from performing the intent and scope of an Oath, which should be made for a new attestation, that hee would according to his naturall duetie, and inborne obedience, absolutely desend the King from All his enemies.

15 I make no doubt but the Iesuites would haue giuen way to the Oath, if it had beene conceiu'd in generall words, of All obedience, against all Persons; for it were stupiditie to denie that • o be the dutie of all Subiects. Nor would they haue exclaim'd, that spirituall Iurisdiction had beene infringed, if in such times as their Religion gouern'd here, this clause had beene added to defend the King, D' Auila de Cens • . Par. 2. c. 4. disp. 1. Dub. 4. Though the Metropolitane of England should Excommunicate him. And yet by there Doctors it is auerr'd, that Iure Diuino, and Iure Com • muni Antiquo, A Bishop may Excommunicate a King, as Ambrose did Theodosius, and that excepting onely infallibilitie of iudgement, Ibidem. in matter of Faith, a Bishop might, Iure Diuino, doe all those things in his Diocesse, which the Pope might doe in the whole Church. For, so Bellarmine himselfe concludes, arguing from the Popes Authoritie in all the world, to a Bishop in his Diocesse. D • Pont. l. 5. c. 3 § Hem. If there • ore an Oath had beene lawfull, for defending the King against All enemies, though a Bishop Excommunicate him, And the Pope haue onely by positiue lawes, withdrawne from the Bishops some of the exercise of their iurisdiction, and reserued to himselfe the power of excommunicating Princes, it is as lawfull to defend him a • ter a Popes excommunication now, as it was after a Bishops, when a Bishop might excommunicate: and no man euer said, that a Bishop might haue deposed a King.

16 All which they quarrell at in the oath, is, that any thing should be pronounced, or any limits set, to which the Popes power might not extend: but they might as well say that his spirituall power were limited or shortned, and so the Catholique faith impugned, if one should denie him to haue power ouer the winde and sea; since to tame and commaund these, in ordine ad spiritualia, would aduance the conuersion of the Indies, and impaire the Turks greatnesse, and haue furthered his fatherly & spirituall care of this Kingdome in 88.

17 All the substance of the oath is virtually comprehended in the first proposition, That king Iames is lawfull King of all these Dominions; The rest are but declarations, and branches naturally and necessarily proceeding from that roo • e. And as that Catholique which hath sworne, or assented, that Paul the fift, is Pope canonically elected, hath implicitely confessed, that no man can deuest or despoile him of that spirituall iu • isdiction, which God hath deposed in him, nor of those temporall estates, which by iust title his predecessours possessed or pretended too: so that Subiect which sweares king Iames to bee his true and lawfull King, obliges himselfe therein to all obedience, by which hee may still preserue him in t • at state; which is to resist all which sh • ll vpon any occasion be his enemies.

18 For if a king be a king vpon this condition, that the Pope may vpon such cause as seemes iust to him, depose him, the king is no more a Soueraigne, then if his people might depose him, or if a Neighbour king might depose him: For though it may seeme more reasonable and conuenient, that the Pope, who may bee presumed more equall, and dispassioned then the people, and more disinteressed then the neighbour Princes, should be the Iudge and Magistrate to depose a Prince enormously transgressing the wayes, in which his du • y bound to him to walke, though, I say, the king might hope for better Iustice at his hand, then anothers, yet he is no Soueraigne, if any person whatsoeuer may make him none. For it is as much against the nature of Soueraignty, that it may at any time be iustly taken away, as that it shall cer • ainly bee taken away. And therefore a King whom the Pope may depose, is but a Depositarie • and Guardian of the Souerainty; • o whose trust it is committed vpon condition: as the Dictators were Depositaries of it, for a certaine time. And Princes in this case shall bee so much worse then Dictators, as Tenants at will are worse then they which haue certaine leases.

19 And there • ore that suspition and doubt, which a learned Lawyer conceiued, that the Kings of France and Spaine lacked somewhat of Souerainty, Alb. G • nt. de l • gatio. l. 4. because they had a dependance, and relation to the Pope, would haue had much reason and probability in it, (though he meant this onely of spirituall matters concerning religion) if that authority which those Kings seeme to be subiect to, were any other, then such, as by assenting to the Ecclesiastique Canons, or confirming the immunities of the Ecclesiastique state, they had voluntarily brought upon themselues, and the better to discharge their duetyes to their Church; and to their ciuill state, had chosen this way as fittest to gouerne their Church, as other waies, by Iudges and other Magistrates to administer ciuill Iu • stice.

20 So there • ore his Maiesties predecessors in this Kingdome were not the lesse Soueraigne and absolute • by those acts of Iurisdiction which the Popes exercised here. For though some kings in a mis-deuout zeale, and contemplation of the next life, neglected the office of gouernement to which God had called them, by attending which function duely, they might more haue aduanced their saluation, then by Monastique retirings (of which publique care, and preseruing those which were committed to their charge, and preferring them before their owne happinesse • Moses, and St. Paul were couragious examples) Though, Exod. 32.32. I say, Ro. 9.3. they spent all their time vpon their owne future happinesse, and so making themselues almost Clergy men, and doing their duties, gaue the Clergie men way and opportunity, to enter vpon their office, and deale with matter of State; And though some o • her of our kings oppressed with temporall and personall necessities, haue seemed to diminish themselues, by accepting conditions at the Popes hands, or of his Legates, And some others, out of their wisedome auoiding dangers of raw and immature innou • tions, haue digested some indignities and vsurpations, and by the examples of some kingdomes about them, haue continued that forme of Church Gouernment, which they could not resist without tumult at home, and scandall abroad • yet all this extinguished no part of their Souerainty; which Souerainty without all question they had, before the other entred into the kingdome, intirely: and Souerainty can neither be deuested nor deuided.

21 As therefore Saint Paul suffered Circumcision as long as toleration thereof, aduanced the propagation and growth of the Church, when a seuere and rigid inhibition thereof would haue auerted many tender and scrupulous consciences, which could not so instantly passe from a commandement of a necessity in taking Circumcision, to a necessity in leauing it; But when as certaine men came downe and taught, Act. 15. that circumcision was necessary to saluation, and so ouerthrewe the whole Gospell, because the necessity of both could not consist together, then Circumcision was vtterly abolished: So, as long as the Romane Religion, though it were corrupted with many sicknesses, was not in this point become so infectious and contagious, as that it would vtterly destroy and abolish the Souerain • y of Princes, the kings of England succourd, relieued, and cherished it, and attended an opportunity, when God would enable them to medecine and recouer her; but to be so indulgent to her now, is impossible to them, because as euery thing is iealous of his owne being, so are kings most o • any: and kings can haue no assurance of being so, if they admit professors of that Religion, which teache, that the Pope may at any time Depose them.

22 We doe not therefore by this oath exempt the King from any spirituall Iurisdiction; Neither from o • ten incitations to continue in all his dueties, by Preac • ing the word; nor from confirming him in grace, by the blessed Sacrament; Nor from discreet reprehension if hee should transgresse. We doe neither, by this oath, priuiledge him from the Censures of the Church, nor denie, by this oath, that the Pope hath iustly ingrossed and reserued to himselfe the power to inflict those censures vpon Princes. We pronounce therein against no power which pretendes to make Kings better Kings, but onely against that, which threatens to make them no kings.

23 For if such a power as this, of deposing and annihilating Kings, bee necessarie, and certaine in the Church, and the Hierarchie thereof be not well established, nor our saluation well prouided for, without this power, as they teach, why was the Primitiue Church destitute thereof? For if you allow the answere of Bellarmine, That the Church did not depose Kings then because it lacked strength, De Pont. l. 5.c. 7. § Quod si. you returne to the beginning againe, and goe round in a circle. For the wisedome of our Sauiour is as much impeached, and the frame of the Church is as lame, and impotent, and our saluation as ill prouided for, if Christ doe not alwayes giue strength and abilitie to extirpate wicked kings, if that be necessarie to saluation, as he were if he did not giue them Title and Authoritie to doe it. Yea, all tese defect; would still remaine in the Church, though Christ had giuen Authoritie enough, and Strength enough, if he did not alwayes infuse in the Pope, a Will to doe it.

24 And where this power of deposing Princes may be lawfully exercised, as in States where Princes are Conditionall, and not absolute and Soueraigne, as if at Venice the State should depose the Duke, for attempting to alter that Religion, and induce Greeke errours, or Turcisme, or if other States, which might lawfully doe so, should depart from the obedience, and resist the force of their Princes, which should offer to bring into that State, the Inquisition, or any other violence to their Conscience, if the people in these States should depose the Prince, did they doe this by any Spirituall Authoritie, or Iurisdiction? Or were this done by such a Temporall Authoritie, as were indirect, or casuall, or incident, or springing out of the spirituall authoritie, as the Popes ridler makes his authoritie to bee? Or must they stay, to aske and obtaine leaue of their Clergie, to depose such a transgressor? If therefore such a particular state, in whom the Soueraignty resides, haue a direct temporall power, which enables it sufficiently to maintaine, and conserue it selfe, such a supreme spirituall power, as they talk of in the Pope, is not necessarie for our saluation, nor for the perfection of the Church gouernment.

25 Nor is there any thing more monstrous, and vnnaturall and disproportioned, that that spirituall power should conceiue or beget temporall: or to rise downwards, as the more degrees of heigth, and Supremacie, and per •• ct • o • it hath, the more it should decline and stoope to the consideration of secular and temporall matters. It may well haue some congruity with your Rules, that the Popes of Rome, in whom the fulnesse of spirituall power is said to be, should haue more iuri • dictiō in spirituall matters, then other Prelates. They may be better trusted with the spirituall food and physicke of the Church, and so prepare and present, the word, and the Sacraments, to vs, in such outward sort and manner, as wee may best digest, and conuert them to nouriture. They may be better trusted with the spirituall Iustice of the Church, and make the censures thereof profitable to the delinquent, and others by his example. They may be better trusted with the spirituall treasure of the Church, and apply and dispence the graces, of which they haue the stewardship, at their discretion. They may be better credited with canonizing of Saints, and such acts of spirituall power, then others: and these are many, and great offices, to be put into one bodies hands. But tha • out of this power, and then onely when this power is at her fulnesse and perfection in the Pope, there should arise and growe a temporall power, which in their estimation, is so poore and wretched a thing, that a boy which doth but shaue his head, and light a candle in the Church, is aboue it, (for so they say, euen of the lesser Orders) is either impossible, or to prodigious, as if (to insist vpon their owne comparisons of spirituall and temporall power) the Sunne at his highest glory, should be said to produce a Moone-light, or golde, after all trials and purifyings, should bring • orth Lead.

26 Nor doe they for this Timpany, or false conception, by which spirituall power is blowne vp, and swelled with temporall, pretend any place of Scripture, or make it so much as the putatiue father thereof. For they doe not say, that any place of Scripture doth by the literall sense thereof, immediatly beget in vs, this knowledge, That the Pope may depose a Prince; but all their arguments are drawne, from naturall reason, and discourse, and conuenience. So that, if either the springe which moues the first wheele, or any wheele by the way be disordered, the whole Engine is defeated, and made of no vse.

27 And in this wee will ioyne and concurre with Azorius the Iesuite, To. 2. l. 4. C. 5. §. Tertio. That though there be some • things which neither the Scriptures doe in expresse words forbid the Pope to doe, nor the Canons can disable him • because hee is aboue them, yet the very law of Nature inhibites them, and prouides that by no meanes they may be done; and that if the Pope should doe such a thing, there were a Nullity in the action, and the Church would neuer permit it, but doe some act in opposition against it, And all this out of this respect, That naturall Reason would teach them, that the generall peace and tranquility of the Christian Common-wealth would be disturbed thereby.

28 If therefore in the point in question, wee must be directed by naturall reason, and dispute which is most profitable and conuenient for the peace of Christian states, though it may bee long vncertaine on both sides, where the victorie will fall, yet, during the suite, Melior est conditio possidentis. And since it is confessed, that Princes before they accepted Christianitie, had no Superiour, and nothing appeares why Princes should not be as well able to gouerne Subiects in Christian Religion, as in Morall vertue, or wherein they neede an equall Assistant, or Superiour, now, more then before, or by what au • horitie the Pope is that Officer, it is a precipitate and hastie preiudice for any man, before iudgement, to set to the seale of his bloud, and a licentious and desperate extending of the Catholique faith, to intrude into the body thereof, and charge vpon our consciences, vnder paine of damnation, such an article, as none but the thirteenth Apostle Iudas would haue made, and in which their owne greatest Doctors, are yet but Ca • 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 speculatiuū, a man may safely, and ought to take the Oath: For so a man of much authority amongst themselues doth say, Carbo. summa summarum. To. 1. Par. 1. C. 14. §. prima. That in a doubt which consists in speculation, we doe not sinne, if we doe against it • 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 • o our case, euery man will finde this certaine impression in himsel • 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 the • e reasons or it, Franc. a Victor. Rele • t 6. De Iure bell • . §. Tertium Dubium. That not onely in defensiue warre, but in offensiue (which i • 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. • or if their opinion were an euident Truth, both their Doctors would be able to explica • 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, no • of that which he is charged to vsu • pe. That which hath seemed to m • ny of them, to come neerest to his spirituall power is, that the Deponent dot • 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 wor • 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 Declaration • , not as Introductions. And that power which giues me a priu • ledge, with a Non obstante vpon a law, or an absolu • 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 interpre • ations, and it belongs to him who made the law, to interpret it. For without any vse of spiritu • all Iurisdiction, the Emperour Henry • he seuenth, absolued all the Subiects of Robert king of Sicily of their oathes of Alleageance, w • en he rebelled against • he Emp •• e, of which hee was a feudatarie Prince. Clem. de Sen. • t re. • ud. I • a •• oralis. 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, Dig. li. 50. Tit. 1. Ad munic. le. fin. 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.15. q. 6. Authoritatem. gloss. 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 sp • 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 con • rary opinion, and that it was followed by many learned men, it were too much boldnesse for a priuate man, to a • 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, Aduer. Haere. l. 1. C 5. in princ. liberally confesses, That there are many Doctrines of the Heretiques, which cannot be refelled by the testimonie of the Scriptures. De libe • Eccles. l. 2. C 9. §. Secundus. 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 aga • nst the Catholique faith. Ad Leo. A • g. Epist. 97. in princi. 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 signific • tion of the word Catholique; Epist. 48. Cont. Rogat. et Donat. 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 Dea • 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 R • mission of sinnes shall be preached in his Name, through all Nations. That therefore is Catholique faith, which hath beene alwaies and euery where t • ught; • nd Repentance, and Remission of sinnes by the Death and Resurrection o • 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, De Eu • har. l. 3. C. 8. §. Ac primum. whatsoeuer is Heresie, the contrarie thereof is veritas fidei; for then it must be ma • 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, t • is opprobrious name of Heretique, if they were so forward to impute it, in matters which belonged not to f • ith, Aduer. Heres. l. 1. C 7 for accordingly he saies, They amongst vs, which doe so easily pronounce a thing to be Heresie • are often striken with their own arrow, & fall into the pit which they digged for others. And certainly as t • e Greeke Church by vsing the same st •• nesse and r • 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, Bo • osius. as to con • esse that t • ey condemne nothing else in t • 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, In 70. tit. 1. C. 2. That Priests in Consecrating (not onely may) but ought to follow the custome of that Church where they are, whether in leauened, Azor. To. 2. l. 4. C. 15. §. Item eo. or vnleauened bread, and • nnocent the thi • 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, Iurid • cally to call, all the Addi • 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 ab • ndon their opinions, yet I thinke it would reduce them to a mo • e humane and ciuill indifferencie, & to let vs, without imposing t • eir traditions, enioy our own Religion, which is, of • t self, in their cō fession, so free frō Heresie, that they are forced to ma • e this all our Heresie, that we will not ad • it theirs.

41 Ye • 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 Defi • ition of any Councell haue pronounced it so • yea som • Notions doe so precede the Articles of our faith, that the Articles may be said to depend vpon them so far • e, as they were frustrate, if those prenotions were not certaine. Of that sort is the immortal • ty of the soule, without which the worke of redemption we • e vaine. And therefore it had beene a viti • ous tendernesse, and irreligious modesty, if a man du • 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. In septimo l. 5. Tit. 3. c. 8. For though Bellarmine in one place req • ire it as Essentiall in an Heresie, I hat • haue beene condemned in a Councell of Bishoppes, De Euchar. l. 3. c. 8. § Ac primū yet he saies in another place, That the Popes alone without Councels, haue condemned man • Heresies.

42 And this liberty hath beene vsed as well by Epiphanius, De Pont. l. 4. c. 3. § Alterum. 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 const • tutions pronoun • 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 ra • 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, D'A •• in. de pot. 〈…〉 23. n. 5. • x 〈…〉 . As, that a license to heare confessions, in euery Priest not beneficed, is so necessarie, necessitate Sacramenti, that except hee haue such a license, the penitent, though neuer so contrite and particular in enumeration of his sinnes, and exact in satisfactions, and performing all penances, is vtterly frustrate of any benefite by vertue of this Sacrament. So therefore a certaine and naturall euidence of a morall truth, such as arises to euery man, That to a King is due perpetuall obedience, is better authority to induce an assurance, and to produce an oath, that the contrary is Hereticall, then an implicite credite rashly giuen to a litigious Councell, not beleeued by all Catholiques, and not vnderstood by al that sweare to beleeue it.

44 For the other obstacle and hinderance which re • ards them, from pronouncing that this position is hereticall, Ann. 1215. ca. 3. which is, the Canon of the Laterane Councell, enough hath beene said of the infirmity and inualidity of that Councell by others. Thus much I may be bolde to adde, that the Emperour vnder whome that Councell was held, neuer accepted it for a Canon, nei • her in those wordes, Extra. de Heresi. c. 13. not in that sense, as it is presented in the Canon law; from whence it is transplanted into the body of the Councels. And the Church was so farre from imp • gning the Emperours sense and acceptation thereof, Direct Inqui. l • t. Apostol. pag. 13, 27, 51. that Innocent the fourth, and diuers other Popes being to make vse thereof, cyte the Constitution of the Emperour, not any Canon of a Councell in their Directions to the Inquisitors, how to proceede against Heretiques. They therefore either knew no s • ch Canon, or suspected and discredited it.

45 Thus therefore that pretended Canon saies, If a temporall Lord warned by the Church, do not purge his land of Heretiques, let him be excommunicate by the Metropolitane and Conprouinciall bishopps; if he satisfie not within a yeere, let it be signified to the Pope, that he may denounce his subiects to be absolued from their Alleageance, and expose his Land to Catholickes, which may without contradiction possesse it, the right of the principall Lord (which we call Lord Paramount) being reserued, if hee giue no furtherance thereunto. And thus farre without doubt the Canon did not include Principall and Soueraigne Lords, because it speakes of such, as had Lords aboue them. And where it concludes with this clause, The same Law being to be obseru'd toward them, Cod. l. 1. Tit. 5. l. 4 § Si vero. Qui non • abent Dominos principales, The Imperiall Constitution hath it thus, Qui non habent Domos principales.

46 And certainely the most naturall and proper accep • ation of Domos Principales in this place, in the Emperours Lawe, is the same as the word, Domicilium Principale, hath in the Canons, which is a Mans chiefe abiding and Residence, though vpon occasion he may be in another place, or haue some relation and dependance vpon a Prince out of that Territorie. And it may giue as much clearenesse to the vnderstanding of this Lawe, if wee compare with it, De Sent. & r • iud the great and solemne Clementine Pastoralis.

47 For then Robert being King of Sicily, that is, such a Principall Lord, as this pretended Canon speakes of, but yet no Soueraigne (for he depended both vpon the Empire and vpon the Church) was condemned as a Rebell by the Emperour Henrie the • euen • h. And Clement the fi • t, ann • l • 'd and abrogated that Sentence, of the Emperours, vpon this reason; That though the King of Sicily held some Lands of the Empire, yet Domicilium suum fouebat in Sicilia, which belong'd to the Churc • , and therefore the Emperors Iurisdiction could not extend to him, b • cause h • had not Domicilium in Imperio • Hereup • on the Glosse enters i • to Disputation, how farre a man which hath goods in one Dominion, sh • ll be subiect to the Lawes of that place, though his Principale Domicilium (as he still c • ls it) be in another. So that it seemes the Emperour had this purpose in this Constitution, that t • ose Domini Principales, which were vnder the Iurisdiction and Dependance of the Empire • should indure the penaltie of this Law, if the • transgressed it, though they • ad not there Domos Prin • ipales within the limi • s of 〈◊〉 • mpire. For at the time, when this Constitution was made, the Emperours thought i • law • full for them to doe so, though a hundred ye • re a • • er, Clement t • e fift, denied by this Canon, tha • they had so large a power. But this Constitution in • er • es nothing against Soueraigne Lords, whom the Empe • our could not binde by any Constitution of his, bec • use they had no depend • nce vpon him.

48 And as t • e Constitution d • ffers from t • e Canon in such ma • er • all words as ouerthrowes that • ense which they would exto • t out of it, which is, That Soueraignes are included therein, so doeth it in the sense, and in the appointing of the Officer, who shall expel these fauourers of heretiques. For where the Canon saies, Let it be tolde to the Pope, who may absolue the Subiects, and expose the land the Emperour speakes of himselfe, we do expose the land. So that he takes the authority out of the Popes hand; which he would not haue done, nor the Pope haue cyted as to his aduantage, that lawe by which it was done, if either Iure Diuino such a power had resided in him, or a Canon of a generall Councell had so freshly inuested him therewith.

49 And as it is neither likely that the Emperour would include himselfe in this Law, nor possible that he should include others as Soueraine as himselfe, at least: so doth it appeare, by the Ordinary Glosse vpon that const •• ution (which hath more authority, then all other Expositors) that that law is made against such Lords and Subiects, as haue relation to one another by feudall law; for so it in • erpre • es Dominum temporalem, and Dominum prin • cipalem, to be, when some Earle holdes something of a King; which King also must haue a dependency vpon the Empire, because otherwise the Imperiall law could not extend to him. And yet euen against those principal Lords, the law seeme so seuere, that the Glosse saies, Non legitur in Scholis. So that so many proofes hauing beene formerly produced, That this Councell made no Canons • but that those which are vsually offered now, are but ragges torne out of one booke, and put into another, out of the Extra • agants into the Councels, and this Imperiall constitution, which to the Pope himselfe seemed of more force, then his Predecessors Decretall, neither concerning Soueraine Lords, nor acknowledging this power of absoluing Subiects, to be in the Pope, but in himselfe, no sufficient reason arises out of this imaginary Canon, which should make a man affraid to call that Hereticall, which is against his naturall reason, and against that maine part of Religion, which is, ciuill obedience.

50 For the Romans dealing more seuer • ly, Azor par. 2. l. 4 c. 15. § Item eo. and more iniuriously with vs, then the Greeke Church did with them, when they presented to the Emperour, vpon a commission to make an Inquisition to that purpose, 99 • errours and deuiations in matter of faith, in the Romane Church: of which some were Orthodoxall truths, some, no matter of faith, but circumstantiall indifferencies • though they called them all errours in faith; the Romane Church, I say, traducing our doctrine, with as much intemperance and sower language giues vs example to call all their errours Hereticall. And so, when Drusius in his owne defence against a Iesuite who had called him Heretique, Serar. Tri •• . l. 3. c. 20. saies, That Heresie must be in fundamentis fidei; the Iesuite replies, that euen that assertion of Drusius is Heresie.

51 And this doctrine and position, which this Oath condemnes, will lacke nothing of formall and absolute Heresie, if those notes bee true, by which Bellarmine designes Heresie, De Euchar. l. 3. C. 8. §. Ac primum. and saies, that if that be not Heresie to which those Notes agree, there is no heresie in the world. For, (as he requires to constitute an heresie) we can note the Author, to haue beene Gregory the seuenth; the place to haue been Rome, the time betweene fiue and 600 yeares past, And that it began with a few followers, for Vercelleus. De vnitat Eccles. c •• seru. sometimes but fifteene • sometimes but thirteene Bishops adherd to Gregory,) when euen the Bishops of Italy fauoured the other part: And that it appeared with the admiration of the faithfull; for so it is noted to haue beene, Nouum scisma: And that contradiction and opposition was made by all the Imperiall Clergy, and much of Italy it selfe • And, for that which is the last note proposed by Bellarmine, that it bee condemned by a Councell of Bishops, and all faithfull people, though that haue not yet beene done, because God for our sinnes, hath punished vs with a Dearth of Councels, and suffered vs in a hunger, and rage of glory, and false constancie, to eate and gnaw vpon one another, with malignant disputations, and reprochfull virulencies, yet when his gracious pleasure shall affoord the Church, that reliefe, wee doe iustly hope it will haue that condemnation, and so be a • onsummate heresie, because no Pseudo-Councels as yet haue beene able to establish the con • ra • ie.

52 And though these markes and certaine notes of Heresie be tyrannically, and cau • elously put by Bellarmine (because it is easie to name manie Heresies, in which many of these markes are wanting, of which wee know neither Parents, Country, nor age, and which in • inuated themselues, and got deepe roote in the Church, before they made any noise or trouble in the state thereof, an • at the first breaking out, were countenanced with many and mighty fauourers, and which no generall Councell hath yet condemned) yet, as I said, we refuse not these marks, but submit this opinion, to that triall, whether it be properly Hereticall, or no. For it will as well abide this triall, as an other, proposed long before by S. Augustine, That hee is an Heretique, which for any Temporall aduantage, 24. q. 3. Hoeretic. ex. lib. de vtil. credendi. and aduancement of his Supremacie, doth either beget, or fo • low false and new opinions, Which seemes directly spoken of this Temporall Supremacie: to which also, S. Paul may iustly bee thought to haue had some relation, Gal. 5.20. when he reckons Heresie, amongst the workes of the flesh and worldly matters.

53 But leauing this exact and subtill appellation of Heresie, let him whom that scruple deterrs from the oath, That hee must sweare the doctrine to be Hereticall, consider in what sense our law vnderstands the word in that place.

54 The Imperiall Law layes an imputation vpon that man, Cod. l. 1. tit. 1. • e. 5 Qui Saeua verborum praerogatiua fraudulenter contra • uris sententiam abutitur; that he is as guilty as he, which breakes the law. For hee which picks a quarrell with a law, by pretence of an ambiguous word, declares that hee would saine escape the obligation thereof. But, saith the same law, Ibid. A Law • maker hath done enough, when he hath forbidden that which he would not haue to be done; the rest must bee gathered out of the purpose of the law, as if it had beene exprest. And no man can doubt, but that the law-maker in this law, hath forbidden Defection from the Prince; and the purpose of the law, was to prouide onely against that. Out of which purpose no man can iustly collect, that the Deponent should pronounce the contrarie Doctrine, so Hereticall, as that he which held it, or relapsed into it, might be burnt; but that it was apparantly erroneus, and impious, and fit to bee abiured; And how little erroneous lackes of Hereticall, En • hird. I • d. Tit. 24. n. 20. and wherein they differ, Diuines are not agreed, saies your Simancha, and it is yet vndetermined.

55 Nor is there required in this Deponent, such an assurance in Faith, as belongs to the making of an Article, Formall Heresie, but such an assurance in Morall reason, and Humane discourse, as Bartholus requires in him which takes and Oath, In Dig. l. 39. de Dam • nfe. le. 13. Nu • 18. when he sayes, He which sweares the trueth of any thing, vnderstands not his Oath to be of such a trueth • as is subiect to sense, Sed iurat de vehementi opinione.

56 And the word Hereticall in this Oath, hath so much force, as the word to Anathematize, hath in many Councels. As, for example, in that place of the Councell of Constantinople, Ca. 11. where it is said, Let him be Anathematiz'd, which doeth not Anathematize Origen. Which is meant of a detestation and abhorring som of his opinions, not of pronouncing him, a formall and consummate Hereticke. For you may well allow a Ciuill and conuenient sense to this word, in this Oath, that it meanes onely Impious, Conc. Trid. Sess. 4 de Peccat. Orig. and inducing of Heresie, since you haue bound all the world vpon paine of Damnation to beleeue, That S. Paul call'd Concupiscence sinne, not because it was sinne, but because it proceeded from sinne, and induced to sinne.

57 A great Casuist, and our Countreyman, deliuers safe Rules which may vndeceiue them in these suspicions, if they will not be extremely negligent; and Negligentia dissoluta Dolus est. For thus hee saies, Sayr. Thes. Cas. con • c. l. 3. c. 8. n. 6. & 7. Though a law should prouide expresly, that the words of the law should bee vnderstood as they lie, yet they must receiue their interpretation from the common vse of speach; which is, that which the most part in that Country doe vse. And if both significations may be found in common vse, that must be followed, which out of likelihood and reason, seemes to haue beene the meaning of the lawmaker, though it be improper • And his meaning appeares, when the word taken in the other sense, would create some absurd, or vniust matter. And as amongst vs, those with whom this word Hereticall is in most vse, which are Diuines, vse the word promiscuously, and indifferently, against all impious opinions: so especially did the Lawmaker at this time vse it, because otherwise, it had beene both absurd, to decree a point to be properly hereticall, which was not brought into debatement, as matter of faith, and it had beene vniust, vnder colour of requiring ciuill obedience, to haue drawn the deponent, to such a confession, as if he had relapsed and fallen from it after, hee might haue beene burned.

58 And the words of the oath agree precisely to Sayrs rule; for the deponent must sweare, according to the exp • esse wordes, and the plaine and common sense, and vnderstanding of the same. And Sayr saies, That if we must sweare to a Law, according to the proper signification of the words, then there is no place for such discretion, and for admitting a diuers sense: but the wordes of our Oath, which are, According to the plaine, and common sense, fall directly within his first Rule.

59 And the law hath good warrant and precedent to assume the word, hereticall, in such a moderate signification; for so the Scriptures vse the word,1. Cor. 11.19. when S. Paul saies, oportet hereses esse, which Gretzer confesses, when to excuse the vulgate Edition, which hath in that place, Desensio. B • ll. l. 2. c. 14. left out the wordes, In Vobis • he saies, It would do no harme to their cause to admit those wordes, because it is not spoken, De haeresi propriè dicta.

60 And so the generall Councell of Constantinople within the first • oure hundred yeares, ca • . 6. calles some Heretiques, though they be not Anathematized by the Church, because they make Conuenticles against bishopps, and accuse them vnorderly, and against the forme of Canons. So also doth another Councell say of Simony, Turon. 2. ca. •• t. that it is not onely Sacrilegious, but hereticall.

And accordingly to these, a late Pope, Leo 10. in a formall Decree and Bull, vses the worde in a like sense. Binius To. 4. fo. 654. For he condemnes the Articles imputed to Luther, Tanquam respectiue haereticos, because out of some of them it would follow, that the Church had erred. But that proposition, out of which the next deducted Conclusion, might bee Heresie, is not it sel • e necessarily Heresie, properly vnderstood.

61 And as these do, so also doe the Canons in the law, Dist. 11. consuet • d •• em. ver. fid • m. speake in a moderate phrase: For in one place, wher the text saies, that a thing is done, Contra fidem Catholicam, the Glosse expl • cat • s it, Contra bonos Mores: and in another pl • ce, it interpretes the same wordes so, De Consecrat. Dist. 4. Si non. •• r. catholicum. because it dooth Sapere heresim; and yet it is not heresie: and so we finde a late Decretall, to call Simony, True and vndoubted heresy; where Gregory is produced, I • septimo Ti • . 3. c. 1. to giue this reason why Simony is called heresy, because whosoeuer is ordained by Simony, is therfore ordained that he may be an heretique. So th • t we see, such acts as beget or accompany heresy, are called heresy in this milde acceptation, which our law giues it.

l. 2 • •• uer. 〈◊〉 c. 2.62 From which sense the Fathers did not abstaine in vsing that worde; for Tertullian saies, That no man will doubt to call Adams transgression heresie, since by his owne election, he adhered rather to his owne will, then to Gods. And in another booke he saies, De veland. v •• g. c. 1. Not so much newnes, as truth doth conuict things to be heresies, for whatsoeuer tastes against truth, is an heresie, though it be an ancient custome. And so saies S. August. (if their owne men cite him truely) That Schisme is called Heresie, not that it is heresie, but that it disposes to heresie. Alf. castr. adu. Ha • . l. 1. c. 9.

63 And the Iesuits themselues, who are the precisest and seuerest accepters of this word, come thus neere, That some things tolerated by the Church, though they be not propriè haeretica, • et th • y are haeresi proxima. De pont. l. 4. c. 5. § Ex his. For so saies Bellarmine; and hee might iustly make this position which wee speake of, his example. And his defender Gretzer saies, that some opinions are so framed, that though no Decree of the Church haue y • t condemned them, Append. ad lib. 1. Bell. § Interin. yet they are enormous, Scandalous, and haeresi proximae.

64 And thus also do the Schoolemen somtimes take it; For so, saies Aquinas out of S. Ierome, that he which expounds the Scriptures against the sense of the holy Ghost may be called an heretique, 22 ae. q. 11. Ar. 2. ad 2. though he depart not from the Church. And so haue diuers compilers of the Ecclesiastique history done; D • Haer • sib. for Epiphanius r • ckons diuers sects of the Iewes and Gentile Philosophers, amongst Heretiqu • s. And Bernardus de Lucemburgo inserts into his Catalogue of heretiques, Alf. castr adu. Heres. l. 1. c. 9. Auerros and Auicen, though they were not Christians. And lastly that the word was vulgarly so vsed, as by many other obseruations, so is it euident by a Story in Math. Paris, where one vpon his death-bed cals the Friers heretiques for not reprehending the Prelates, catalog. test. ex Mat. Paris. Anno 1253. & the Prelates heretiques, for conferring Benefices vpon vnworthy persons: yea in this very case, which we haue in hand Vercell. de vnitat. Eccles. an authour, of your owne Religion, pronounces thus of those fifteene Bishops, which adhered to Gregory the seuenths party, against the Emperor, It is great heresie to resist the Ordinance of God, who onely hath power to giue Empire, which heresie it appears that those fifteene false Bishops haue committed.

65 As therefore all sorts of men, into whose mouthes vpon any occasion this word was like to come haue vsed the word for Erroneous: and Impious, and Corrupting good manners, and disposing & preparing absolute and proper Heresie, so doth the law accept it in this oath, where it makes it equiualent, and Synonimous, to the wordes which are ioyned with it, which are Impious and Damnable: and therefore it is but a Calumny cast vpon the law, and a tergiuersation picked out for their escape, if any pretend for that word, to decline the Oath.

66 But if this word in this place, were to be vnderstood in the strictest and seuerest sense, that a Iesuite could vse it against vs, yet hee that shall take the Oath, doth not thereby pronounce, that any Position, which attributes any power to the Pope, is hereticall. Not, that hee may excommunicate a King; no, nor that he may depriue him: but it is thus conceiued, That this position is hereticall, That Princes which be excommunicate, or depriued by the Pope, may be deposed or murdred by their subiects or any other. So that it casts no Manicles vpon the Popes hands; if he will excommunicate, let him; if he will depriue, let him. Onely them, who by his act, (of the goodnes or badnes whereof this Proposition pronounces nothing) may be mis-led to an vnchristian & vndutifull desperatenes, it forewarnes, and aduises, to a due and iust consideration of such proceedings. For, as when men were content to heare heresies, Epist. 39. Turibio. in fine. Leo said wisely, in reprehension of that easinesse, They which can hearken to such things, can beleeue them, So since it is too late to forbid hearing of this heresie, of deposing Princes, since out of Iesuites bookes, which speak of state-learning, scarce any thing is to be sucked, but it, or such preparatiues, as worke and conduce to it, it was necessary to begin a step higher then Leo did, and pronounce it hereticall, that so none might beleeue it, since hee that can beleeue it, can be content to affoord his helpe to the doing thereof.

67 And hauing thus gone as far as I purposed in both parts of this Chapter, in the first whereof I shewed, that in speciall cases new oathes were necessary, and that the forme of them ought to bee such, as might reach home to the intent thereof, and not be eluded, which had beene, if any part of this oath had been omitted, and that their writers, which neuer teach, that vpon a Bishops excommunication a Prince may be deposed, denie implicitely this power in the Pope, because onely that power which was in the Bishops, in this matter, is transferd by Reseruation into the Pope, and that where such Depositions are needefull, the state is prouided naturally with a temporall power to effect it, and therefore it is not necessarie to place it in the spirituall, which were monstrous and vnperfect, if it should produce, as the most excelent issue therof, a power so base in their estimation, And that this possibility of being Deposed, is as contrary to Souerainety, as a certaine limitation, when he shall be remoued, And that those writers, which limit the Popes power by Naturall Reason, and which teach, that in doubts of speculation, we may for all that proceede to practise, as farre, as wee doe in this Oath, And hauing in the second part declared, That though the Papists make proper, and absolute Heresie, to be without matter of faith, yet we doe not so, and yet in points necessarily and immediately issuing out of these principles, a generall Councell needs not be attended to informe a mans vnderstanding what is Hereticall, because the Emperors and other Princes, and diuers Authors, and registers of heresies, haue pronounced therin before any Decision of Councells, and that the Canon which is obtruded, in the name of the Laterane Councell, for diuers reasons, cannot impeach this proposition, That this Doctrine is hereticall, which proposition, though if it were tryed by Bellarmine, and by Saint Augustines description of heresie, it would appeare absolutely hereticall, yet this law giues it that name in a vulgar and common sense, as Scriptures, Councels, Buls of Popes, Fathers, Schoolemen, Historians, Iesuits, and the Common sort hath vsed and accepted it, and that if it be taken in the sharpest sense, the Oath may neuerthelesse be taken without preiudice, or limitation of any power which the Pope himselfe claimes, I make account that I haue discharged my promise and vndertaking in this Chapter, and deliuered as much, as without inculcating that which hath beene formerly said by others, (which I purposely auoided) in this point of the oath neede to be said to any, of indifferency or equall inclination.

FINIS.