The Case of Protestants in England Under a Popish Prince, Text

The Case of Protestants in England Under a Popish Prince · Text

THE CASE OF PROTESTANTS IN ENGLAND UNDER A Popiſh Prince, If any ſhall happen to Wear the IMPERIAL CROWN.

LONDON:Printed for Richard Janeway in Queens-Head-Alleyin Pater-Noſter-Row, 1681.

p. 3The CASE of PROTESTANTS in England, &c.

A PRINCE putting Himſelf and his Dominions under the Popes Authority, and admitting (as he muſt unavoidably) the Laws and Decrees of the Romiſh Church; all his Proteſtant Subjects, being by the Judgment and ſentence of that Church Hereticks, do forthwith lye under the penalties which thoſe Laws and Conſtitutions will have inflicted upon Hereticks. And theſe are the ſevereſt penalties, being proportioned to the crime which that Church judgeth moſt hainous; for Hereſie is Treaſon with them, and the higheſt degree of High Treaſon, for it is (ſay they) Crimen laeſae Majeſtatis divinae, Treaſon againſt the Divine Majeſty, and ſo, much worſe than Treaſon againſt any Prince on earth; and upon this ground they commonly juſtifie all ſeverities decreed againſt Hereticks. Not to mention particular Doctors, Innocent aaCaput, Vergentis, de Hareticu.the Third thus argues in a ſpecial inſtance, This puniſhment is juſtly inflicted upon Hereticks, becauſe it is ſo in caſe of civil Treaſon, which is a ſmaller fault than Treaſon againſt the Divine Majeſty. And p. 4By the Law of their Church, Sic omnes Apoſtolicae ſedis ſanctiones accipiendae ſunt tanquam ipſius divini Petri voce ſirmatae ſint, Diſtinct. 19. Cap. 2. All the Conſtitutions of the Roman See muſt be received, as if they were made firm by St. Peters own mouth. And it is enacted by a general Doeree (Generali Decreto conſtitutmus), That whatſoever King, Biſhop, or Noble-man, ſhall believe that the Decrees of the Roman Biſhops may be, or ſhall ſuffer them to be violated in any thing, be accurſed, (execrandum Anathema fit) and ſhall for ever remain guilty before God, as a betrayer of the Catholick Faith. Ganſ, 25. q. 1. cap. 11.there is an Edict ofbb7 Decretal. Lib. 5. Tit. 3. de Hareticis.Titus 3 Frederick confirmed and made a Church-Conſtitution by ſeveral Popes, particularly by Innocent 4th, wherein what is enacted againſt Traytors, is declared to fall upon Hereticks multo fortiùs juſtinſque, with much more force and juſtice. So that the Papal authority being introduced among Proteſtants, they are forthwith Traytors by law, and ſtand in no better terms, than the worſt of Traytors, and are expoſed to the penalties which the higheſt Treaſon is judged worthy of. Let me inſtance in two or three particulars briefly; for I muſt but point at the miſeries of Proteſtants in ſuch a ſtate, not give a full proſpect of them.

Infamy is one of them (that I may begin with the leaſt). Hereticks are infamous by LawccCaput Infames 6. q. 1. cap. alieni. 2. q. 7. Cap. Excommunicamus 1. Sect. credentes. de Haereticis. Cap. Statum de baret. in 6. It is certain (ſaithddDe Fide. Diſp. 21. Sect. 5. N. 3. Suarez) that Hereticks both by common and civil Law are infamous, for which he alledged ſeveral Texts of the Popes Law, and extends it to the favourers of Hereticks, if they repent not within a year; and to their Children for ſome generations, if their Parents dyed pertinacious.

It is many penalties in one, including ſeveral things grievous and intolerable to all ſortseeSuarez ibid. Diana. Sum. v. baeret. n. 9. Pet. St. Joſeph in 1. Deca… p. 39. Tho. Sanchez. op. Moral. Lib. 2. n. 12.; for upon this account, thoſe whom they count Hereticks, are deprived of all Nobility, Juriſdiction, and Dignity; and debarr'd from all Offices, Benefices, and publick Councils; they are uncapable of chuſing, or of being choſen to them, (ſo that it reacheth all ſorts), Clergy, Laity, Noble and Ignoble, (as the ſame Author tells us). And they fall under all this immediately, ipſo facto, as ſoon as they are Hereticks, before any ſentence Declaratory of their crime; ſo in a manner all the ffSuarez. ibid. Num. …Doctors conclude, In quo Authores ferè conveniunt, proving it from the very words of the Law aforementioned.

Let me mention ſome of the particulars comprized in this Legal Inſamy: Proteſtants are hereby excluded from all publick Councils, and ſo from Parliaments; being uncapable of either chuſing, p. 5or being choſen thereto. This is the Decree of a General ggCon. Lateran. ſub Innocent. 3. in crab. Tom. 2. Concil. p. 948.Council, beſides ſeveral Conſtitutions for it in the Canon-Law. So that all the Lords and Commons in England would be by Law (while they are Proteſtants) debarred from having any place in Parliament; and all the Freeholders from chuſing any; and that by a Law paramount to any Civil Law, or National Conſtitution: and this alone would be enough to ruine and enſlave this, or any people whoſe Liberty depends upon Parliaments. They are excluded from all Dignities, this is Eſſential to the penalty; for it is ahhRegul. Juris 87. in 6. Rule in their Law, Infamibus Portae non pateant dignitati; particularly Noblemen are degraded from their Nobility, and deprived of all Honours iiDe haereticis cap. ut Commiſſ. in 6., this by the ſame Law: and it is extended to their Children by many of theirkkFaber Teraquillus, Cantera, Otalora in Sanchez. ibid. l. 2. c. 29. n. 1. Authors, who ſay expreſly, that the Iſſue of Traytors, Civil or Spiritual, loſe their Nobility, both that which they had by Priviledge, and that which comes by deſcent from their Anceſtors.

They are deprived not only of all Eccleſiaſtical Benefices, but of all Secular Offices, which is expreſſed in the Law forequoted; Particularly it is decreedllCap. 2. Sect. Haeretic. de baereticis in 6. that Hereticks be not admitted into any publick Office, or Benefice; but if they be, it is null and void. Nor can they exerciſe any Juriſdiction, either Spiritual or Civil, as theirmmAquinas, Soto, Caſtor, Azor, Simanca, & Suarez, ibid. Diſp 21. ſect. 5. num. 12. By the Conſtitution of Gregory 9, an Heretick is deprived of all Juriſdiction, whether Natural, Civil, or Politick. Simanca Inſtit. tit. 46. ſect. 74. Juxta Conſtitutiones Gregorii 9, &c. Authors commonly determine: and upon this account they conclude all our Judges, Juſtices and Magiſtrates, that are Proteſtants, to be incompetent, ſuch as have no more Juriſdiction than the Bench they ſit on, and think not themſelves at all obliged to anſwer them; or if they condeſcend to give them an anſwer, yet not to ſpeak the truth before them, although they be ſworn to it.

In ſhort, all that owe any duty to Hereticks are diſcharged from the obligation, and exempted from paying any. In their Canon Law p. 6it is decreednnCap. Final. de Haretecis. that all who are bound to Hereticks by any obligation, whether of Oath, or Fealty, or Service, or any other Agreement, or promiſe, are freed there from. Subjects owe no Allegiance to their Prince, nay they may lawfully kill them, as their Authors commonly conclude. Servants owe Maſters no Faithfulneſs, no ſervice; though they be ſlaves, and purchaſed with their money, yet they are diſcharged; and if they diſcover their Maſter's Hereſie, and ſo ſeek to take away his life, though they be not Chriſtians, it's reaſon (they hold) that they have abſolute freedom when none but Chriſtian ſlaves may have it, ſave upon ſuch a treacherousooAzon. Inſtit. Moral. Tom. 1. l. 8. c. 12. q 7. Penna, Molina & Sanchez. Ibid c 24. m, 10. 11. account. Parents loſe authority over their Children, ſo their LawppCap. 2. ſed. final. de Haereticis in 6. will have it: and Children owe no duty to ſuch Parents, only they are bound under mortal ſin to denounce them, that is, to diſcover their Hereſie; which is the way to deprive their Parents of their lives. And they give this reaſon for it, becauſe it is lawful for a Child to kill his Father, if he be an enemy to the Common-wealth; and therefore he may much more lawfully in this caſe deal thus with his Father, that is, betray him to death. This is an act worthy of honour and praiſe, as is proved by the Conſtitutions of ſeveral Popes, and ſo many other qqBonacina de obligatione denunciandi, Diſp, 4. p. 2. n. 3. It a Farinacius, Azorius & alii ferè communiter. Idex aliis Sum. Pontiſicum Conſtitutionibus probat Penna. Ibid.Writers, that it may paſs for their common Doctrine; nor can they be ſecured from ſuffering for their Parents Hereſie, without detecting them, as**7 Decret. de heretic. c. 3. Innocent 4th decrees.

We ſee a little to what condition the admiſſion of the Papal authority would reduce us; it would expel nature and humanity, and make the deareſt Relatives unnatural and barbarous to one another; it would leave no Proteſtant either Dignity or Authority, either Safety or Liberty; by theſe Law (which muſt then be ours) our Nobles are ſentenced to be Peaſants, and Peaſants muſt be no better than ſlaves.

Secondly, Another penalty to which Hereticks are condemned by their Laws, is Confiſcation of all their Eſtates or Goods. And this they incur, Ipſo jure, & ipſo facto, that is immediately, as ſoon as p. 7they ſhew themſelves Hereticks, before the ſentence of any Judg. There is an expreſs DecreerrCap. Cum ſecundum leges, de har…ticis in 6. for this in the Canon Law, Bona Haereticorum ipſo jure decernimus confiſcata, We decree that the Goods of Hereticks are confiſcated by ſentence of Law. In this the Gloſs, and all the Doctors who write of ssSuarez. Ibid. Diſp. 22. Sed. 1. N. 2.Hereticks do agree; and upon this reaſon among others, becauſe Humane Laws puniſh Treaſon againſt men, and ſometimes leſſer crimes, with confiſcation of Goods; therefore much more muſt Treaſon againſt the Divine Majeſty, which is committed by Hereſie, be thus puniſhed. And this reaſon is aſſigned not only in the Text of the Canon Law now mentioned, but alſo in other Texts, particularly Innocent ttCap. Vergentes, verſ. cum enim. de Haercticis. Cum longè ſit gravius, aeternum quàm temporalem laedere Majeſtatem.the Third thereby proves, that Hereticks Goods are confiſcated, becauſe this is decreed againſt Civil Treaſon, which is much leſs than that againſt the Divine Majeſty.

By vertue of this Confiſcation, Hereticks, as ſoon as ever they diſcover it, are deprived of all Propriety and Title to their Eſtates, before any ſentence paſſed againſt them. Suarez uuIbid. ſect. 3. n. 1.ſaith, This is the Common Doctrine. Sanchez xxIbid. cap. 22. n. 2.muſters up multitudes of Doctors for it: and**Quaſt. Theol. lib. 1. q. 36. p. 290. Corduba tells us, that all their Doctors in a manner, both Canoniſts and Divines maintain it.

But though they generally agree that Proteſtants by Law have loſt all propriety, and have no title at all to any eſtate; yet there is ſome difference among them about the poſſeſſion of what is thus confiſcated. For many of them hold, that Hereticks before any Sentence, are bound in Conſcience to quit the poſſeſſion of all they have, and ſin damnably if they do not; eſpecially if their hereſie be publick and notorious, as it is in all profeſſed Proteſtants: and their reaſons are good enough, if the principles upon which they proceed were ſo. For the Sentence which ſome count pre-requiſite, is not pretended to be damnatory, to condemn to the puniſhment, for that is already done by Law; but only (as all agree) declarative of the crime, that the crime may be evident, and who are guilty of it; which is needleſs when it is evident and notorious before.

p. 8Others of them teach that Hereticks may keep poſſeſſion, and are …ot to be deprived of it, before the ſentence declarative of the crime. But though this latter ſeem more favourable, yet it is of little or no advantage to Proteſtants, ſince thoſe that have a mind to their forfeited eſtates, may ſoon procure ſuch a Sentence; for an ordinary Biſhop, or other Eccleſiaſtical perſon may paſs it, as the Law ityyDe Haereticis. Cap. cum ſecundum Legis. in 6. ſelf declares. For example: Corker the Benedictine, lately arraigned, was ordered by the Pope to be Biſhop of London; if their Plot had ſo far ſucceeded, that the Popes Orders had taken place, he might in his Spiritual Court have declared all the known Proteſtants in London, and his whole Dioceſs to be Hereticks; which done, all the Nobles, Citizens and others in his Dioceſs, might have been turned immediately out of poſſeſſion, and ſtript of all they had; and this by Law. The effects of this Confiſcation, wherein they all agree, make the ſeverity of the Law apparent; and the forbearance of ſeizure before ſentence of little conſideration, if they thought themſelves obliged not to ſeize ſuch Eſtates before.

Firſt, All the profits made of the Eſtate from the firſt day of their guilt are to be refunded, if they be extant and found among theirzzSuarez, De Fide. Diſp. 22. ſect. 4 n. 11. Sanchez ubi ſupra, c. 21. n. ult. Goods, Formally, or but ſo much as equivalently; nay, ſomeaaSimancha, Vaſquez in Suarez, Ibid. n 11, 12. will have them reſponſible for the mean profits, though they be conſumed or ſpent, if ſo be they knew themſelves to be obnoxious, when they ſpent them: or being ſpent, if the Eſtate be any thing better on that account, they are ſtill looked on as being extant, and the eſtate ſtill lyable: and it is counted better, if the party bebbIdem ibid. ſect. 4. n. 9. Richer, If he therewith bought any thing elſe, or made uſe thereof to pay his Debts, or bought but neceſſaries to live on, and thereby ſpared his other Revenues.

Secondly, All Alienations by Gift, Sale, or otherwiſe, before Sentence, are null and void; and all Contracts for that purpoſe reſcinded; in this, Suarez ſaith, all their Writers agree ccIbid. ſect. 1. num. 5. In hoc offectu concors eſt ſententia omnium ſcribentium.unanimouſly; and the Exchequer of the Pope or Popiſh Prince will recover p. 9all that hath been ſo diſpoſed of by the Hereticks to others where ever they be, or in whole poſſeſſion ſoever they be found, or through how many hands ſoever they have paſſed; this is the Doctrine Ʋniverſally embraced by all their Doctors of Law, and all their Divines, ſo underſtanding the Text of their Law, asddIbid. Lib. 22. Num. 33.Num 33 Sanchez tells us. Nay it is a ſineeIdem. ibid. n. 61. for him to fell any part of his Goods or Eſtate, without diſcovering to the Purchaſer his hazard, in buying what is by Law confiſcated. And in this caſe the Purchaſe will be forced from him without reſtoring the price he paid for it, unleſs it be found among the Hereticks Goods, for which the ſame Jeſuit alledgeth above ThirtyffIbid. n. 68. Doctors. Nor are thoſe to whom the Eſtate is Eſcheated any way obliged, to pay any of the Hereticks DebtsggIbid. n. 76., which were contracted ſince his Hereſie, and ſo his Creditors (not excepting Roman Catholicks) may be lawfully ruined, as well as himſelf.

Thirdly, The Children and Heirs of Hereticks are deprived of their Portions. And though this ſeem hard in their own apprehenſions, that they ſhould be ruined and reduced to poverty for their Parents fault; yet what they ſuffer is not to be conſidered, becauſe the Child is not here puniſhed by or in himſelf, but by accident, and in another. And this is all the ſatisfaction the beſt of them give in this pitiful caſe, Suarez ibid. Nor will their Law admit that any Commiſeration of the Innocent ſhould be any impediment to the ſeverity of the Execution; but provides againſt it in theſe words, Neither ſhall this ſevere Cenſure, for the diſinheriting of Orthodox Children be any way hindred, by the pretence of compaſſion; ſince in many caſes by Divine Judgment, the Children are temporally puniſhed for their Fathers; and according to Canonical Sanctions, vengeance may be ſometimes taken, not only upon the Authors of wickedneſs, but their poſterity, Cap. vergentis, Tit. de Haereticis.

But what if the Children to whom the Eſtate is left, be Roman Catholicks, are they to be thruſt from an Eſtate left them by their Heretical Parents? This ſeems impolitick, ſince hereby no hopes are left to any for ſecuring their Eſtates by turning Papiſts; and not p. 10only ſo, but they confeſs it ſeems to be againſt Piety, and in the 4th Synod of Toledo there is a limitation for the ſecurity of ſuch Innocents; but by the Canon Law in after-times that Limitation was exploded, and the Catholick Deſcendents of Hereticks excluded from having any advantagehhCap. Vergentis. de Haereticis. by their confiſcated Eſtates. This is expreſſed in the Text of their Law, and more fully in an Original Epiſtle of Pope Innocent the Third. Suarez. ibid. pag. 775.

But ſuppoſe the Poſterity of a Proteſtant or his Children, being ſtill Papiſts, have continued in the poſſeſſion of the Eſtates ſo left them for many years together (Forty or an hundred years), will not this create them a title? ſince Preſcription may do it where there is no other right, and is allowed ſo to do both by Civil and Canon Law; and an hundred years is confeſſed to be ſufficient for PreſcriptioniiMenochius & alii in Diana. Sum. V. Praeſcrip. N. 2. againſt the Roman Church in other caſes?

No, an hundred years will not ſuffice in this caſe, if the Poſſeſſors, or their Fathers knew that he who left them the Eſtate was an Heretick, and if he was at any time ſuſpected to be ſo while he lived; or if he was reputed a Catholick all his days; yet if any time within 40 years after his deceaſe, it appears he was an Heretick, there is no place left for Preſcription: but then they will have the Eſtate ſeiſed, in whoſe hands ſoever it be ſound, and thekkSanchez. l. 2. c. 22. n. 41. Poſſeſſors thruſt out, though they be Roman Catholicks.

Hereby it appears, that as ſoon as the Papacy is admitted, all Title and Property is loſt and extinct among us by the Law which will then be in force, unleſs in thoſe few Families who never had a Proteſtant Proprietor; nor are they ſecure as to any part of their eſtate, which ever belonged to Hereticks: And therefore we muſt not think his Holineſs acted extravagantly, when he declared all his Majeſties Territories to be his own as forfeited to the Holy See for the Hereſie of Prince and People: for herein he proceeded regularly, and according to that which they eſteem the beſt Law in the World. Not only Abbey Lands are in danger, who ever poſſeſs them, but all Eſtates are forfeited to his Exchequer, and legally confiſcated: All is his own which Proteſtants in theſe Three Nations have, or ever had, if he can but meet with a Prince ſo wiſe, as to help him to catch it.

p. 11Thus we ſee the proceſs of their Law againſt Proteſtants muſt not end with their Lives, but follow them many years beyond Death and the Grave; and ruine their Children, and Childrens Children, when they are gone: And when they have left a Heretick nothing of his own to ſubſiſt on, it is provided alſo that he ſhall have no Relief from others: for this is part of his PenaltyllZanardus, Director. pars 2. p. pag. 126. that none ſhall receive him into their houſes, nor afford him any help, nor ſhew him any favour, nor give him any counſel.

We in England are zealous for Property, and all the reaſon in the world we ſhould be; but we muſt bid adieu to this when we once come under the Popes Authority; for as ſoon as this is admitted, all the Proteſtants in theſe Nations are Beggars by Law, by the Laws of that Church (which will then be ours), diveſting us of all Propriety and Title to what ever we count our own.

Thirdly, The laſt Penalty I ſhall inſiſt on, which their Law will have inflicted on Hereticks, is Death.

This is the Sentence of the Canon Law. Hereticks mmCap. ad abolendum. de Haereticis. Vide Suarez ubi ſupra. Diſp. 23. ſect. 2. n. 1. & 3.are to be delivered to the Secular Power to undergo due puniſhment, and that is Death, as appear by many Papal Bulls approving and receiving the Civil Laws, which have adjudged Hereticks to death: For though thoſe Laws were Originally intended, againſt ſuch only which were Hereticks indeed: yet ſince the Roman Church will have all Proteſtants to be Hereticks, they muſt ſuffer Death by vertue thereof, how far ſoever they be from Hereſie.

And the Canon Law further determines, that Secular Judges cannot remit the Penalty, as appears by the Text, Cap. ut Officium, and is more fully explained in the Bull of Ʋrban the 4th, and in another of Innocent 4th. HereuponnnDirect. pars 2da. pag. 754. Zanardus takes it for granted, that all Laws will have every Heretick put to Death; and their Angelical Doctoroo2. 2dae. Q. 10. Art. 8 Corp. is poſitive, that Hereticks, though they do not pervert others, may be juſtly killed by Secular Judges, and bereaved of all they have, rather than ſuch as are guilty of High-Treaſon.

If there were need to cite particular Doctors, Suarez aſſures us, p. 12that it is the judgment of all their Doctors, Ita docent omnes Doctores. But there is a Conſtitution of Paul pp7 Decretal. l. 5. tit. 3. cap. 9.4th, which may ſerve inſtead of all; where to ſhew how impartial their Decrees are in this caſe, Having declared that with the unanimous conſent of the Cardinals, all Poenal Acts, Canons, Conſtitutions againſt Hereticks, made by any Popes, Councils, or others, are by Apoſtolical Authority renewed and inforced; he ſpecifies perſons of greateſt Eminency in Church and State, viz. Earls, Barons, Marqueſſes, Dukes, Kings, Emperors, &c. and will have all theſe puniſhment inflicted on them, if they are, or ſhall hereafter be Hereticks. Particularly it is decreed, that they are therefore deprived wholly and perpetually of their Baronies, Marqueſats, Dukedoms, Kingdoms, Empires, and rendered uncapable hereof, ſo as they ſhall never be reſtored. And to make ſure work, all of them, Kings and Emperours among the reſt, ſhall be put to death qqSaecularis relinquantur arbitrio poteſatis, animadverſione debita Puniendi. Which expreſſion they thus explain, Debita nimirum ſecundum jura Civilia quae eſt paena mortis. So Suarez ibid. Diſp. 23. Sect. 2. N. 3.Only if they recant, the Holy See may ſhew them this Clemency, as to thruſt them into ſome Monaſtery, there to do penance all their days with Bread and Water.

This puniſhment they extend very farrrIdem ibid. Sect. 2. N. 5. 6. for Death is to be inſticted, not only on the Teachers of what they call Hereſie; but on all who belive any Doctrines oppoſite to what the Romaniſts receive as matters of Faith, though they draw none elſe thereto; yea on all that believe any one point of ſuch Doctrine, though they reuounce all the reſt; For they agree, that one Errour makes a Heretick, though all beſides that one be abjured. And on thoſe alſo who abjure them all, if they do not likewiſe diſcover their Complices; and ſo betray all the Proteſtants they know, to Death. For ſuch, though they do profeſs themſelves to be Papiſts, and conform to them in all things; yet if they diſcover not others, and expoſe them to death, they are judged to be but ssQuia eſt occulator hareticorum—& ideo meritò judicatur fiſtè co…erſus. Ibid. Sect, 6.counterfeit Catholicks, and not worthy to live.

The Death they will have us ſuffer, is burning alive; no Death more tolerable, or of leſs exquiſite torture will ſatisfie the Mercy p. 13of that Church. For though they find no Rule for this in the body of the Civil Law, yet they alledge ſome latter Conſtitutions for it, and particularly that of Frederick (which the Popes have made their own Law) in theſe wordsttDe Hereticis. 7 Decretal. Sect. inconſutilem. Decernimus ut vivi in conſpectu hominum comburantur, We Decree that they ſhall be burned alive in the ſight of the World. The Holy Canons it is preſumed are for it: The firſt Statute of Henry 4th in England, for the buring of Hereticks, was Enacted according to the Holy Canons. And if they had no other Law for it, yet the Uſe and Cuſtom of their Church hath the ſorce of a Law; and makes it as lawful and neceſſary for them to burn I roteſtants, as it is to burn Faggots when they are cold; and that it is the cuſtom of the Church, they have the teſtimony of all Nations round about us. We need go no further than our Native Countrey, where in the days of the laſt Popiſh Succeſſor it is proved by near 300 Witneſſes, that their Laws will have all ſorts of us burnt alive, without regard of Age, Sex, or Quality. And if we will not be ſatisfied that they may lawfully burn us, Man, Woman and Child, unleſs we have Scripture for it, they have it ready, John 15. 6. If any one abide not in me, men gather them, and cast them into the Fire, and they are burned. Alledged by divers of their primeuuJac. de Graſſ. deciſ. l. 2. cap. 9. n. 2. Suarez ubi ſupra. n. 4. Authors for this purpoſe; which proves as plainly and infallibly that Proteſtants muſt be burned, as—Feed my ſheep proves that the Pope hath power to kill both King and People. The Proceſs againſt Hereticks in the Inquiſition is remarkably merciful, for there a Proteſtant ſhall not have the favour to be burnt at firſtxxZanardus, Director. 2 da pars. pag. 755., and dye once; but muſt ſuffer many Deaths before, by enduring divers tortures more grievous than Death, before he be brought to the Fire. One that hath the ſpirit of a Chriſtian, and reads the account of the Tortures there in uſe, would ſcarce think that any but the Devils could be either the Inventors or Executioners of them. But Pope Paul the 4th would better inform him, who aſcribes the ſetling of the Inquiſition in Spain, to the inſpiration of the Holy Ghost; and there is no doubt but his Succeſſors would attribute it to the ſame inſpiration, if they could get it ſetled in England. And they are highly concerned p. 14to endeavour it, If they believe the Words of a dying Pope. ForyyOnufrius, Vita Pauli 4. Paul the 4th in a Speech before his Death (and ſo before his Infallibility expired) declared to the Cardinals, that the Authority of the Roman Church depends only upon the Office of the Inquiſition. And indeed it is very fit, that ſuch an Authority ſhould have ſuch a foundation. Nor can any queſtion that it is neceſſary and pious to exerciſe all the cruelties of the Inquiſition upon us, without ſhaking the whole foundation of the Roman Church, and all the Authority of it.

Hereupon how are we concerned to look about us? We ought to remember (for they are not like to forget it), that as ſoon as ever the Papal Authority is admitted among us, all the Proteſtants in theſe Nations are dead men in Law; being under a Law that hath ſentenced us already to be burned alive, and under a power that hath declared it neceſſary that no one of us eſcape with Life.

But they are not yet quite ready for burning us, though they are impatient till they be ſo; and ſhew what deſign they have upon our perſons, by turning our houſes and Goods into flames. For this courſe they think not fit to take, how juſt and pious ſoever they eſt…em it, meerly becauſe they cannot, or dare not till they have the Law in their hands, and Power to Murder us by a judicial Proceſs. Where Proteſtants are numerous and potent, the way they then take for diſcharging the obligation that is upon them to deſtroy us, is by treacherous Maſſacres, or open Wars or Aſſaſſinations. They hold it lawful to make War upon Hereticks for their Hereſie. SozzDe reſtitut. Diſp. 2. q. ult. ſect. 2. n. 7. Sum. V. Bellum. n. 5. Theol. Pract. Tr. 2. c. 13. n. 3. Bonacina, Diana, Caſtro, Molanus, and others: but Cardinal Allen aaAdmonition to Nobility and People, p. 41.our Countreyman may ſuffice, who aſſerts it to be not only lawful, but neceſſary to take Arms againſt his Prince and People, being Hereticks. It is clear (ſaith he) that what people and perſons ſoever, be declared to be oppoſite to Gods Church, with what obligation ſoever, either of Kindred, Friendſhip, Loyalty, or Subjection, I be bound unto them; I may or rather must take Arms against them. And then muſt we take them for far Hereticks, when our lawful Popes adjudge them ſo to be.

p. 15Not only Soveraign Princes and the Pope, but a Biſhop may raiſe War for the Faith, againſt thoſe that are Excommunicate, if they ſubmit not: So Hoſtienſis, and othersbbVid. Silveſt. V. Bellum. after him. They count it a more neceſſary and holy War which is levied for the deſtroying of Hereticks, than the War againſt the Turks. Hence CardinalccLib. de unione Eccleſiaſtica ad ſinem. And this was he who made it his buſineſs in ſo many Courts to form a League againſt England (having renounced the Popes Supremacy); perſwading the Popiſh Princes, that it was more neceſſary and meritorious than a War againſt the Turks. Pool in his Addreſs to Charles the Fifth, importunes him to turn his Arms againſt the Proteſtants, being more concerned to ruin them than the Turks.

They think the deſtroying of Proteſtants by Maſſacres, ſometimes more adviſable, for avoiding the hazards of a War; and theſe how bloody and treacherous ſoever, will be both lawful and meritorious, being for the rooting out of a peſtilent Hereſie, and the promoting of the Roman Intereſt. The barbarous Iriſh never thought their hands and weapons better imployed than in butchering the Proteſtants: And this not more from the ſavageneſs of their nature, than from the Laws and Doctrine wherein they have ſo much encouragement for ſuch bloodineſs. The leaſt they could expect for it, was full pardon of all ſin, ſuch as is promiſed to thoſe who make War againſt the Turks, and for the recovery of the Holy Land. For ſeveral Popes had thus rewarded the Iriſh, for leſs bloody Feats than theſe; and thereby teſtified how meritorious it is, to ſhed the blood of Engliſh ProteſtantsddSee the Brieves of Greg. 13. Anno 1580. and Clement 8. 1600,. Charles the Ninth, with the French Papiſts, never acted any thing with more ſatisfaction to his Holineſs, than that Tragedy in Paris, and other Cities, where ſo many Thouſand Hugonots were moſt treacherouſly and inhumanely ſlaughtered. The Pope would not have ſo great delight as he took therein to be tranſient, but that it might afford him a continued entertainment, would have it Painted in his Palace. And for this, Triumphs were made by the Papiſts almoſt every where, as a moſt glorious Action. And that there might be a concurrence of the greateſt impiety, with the greateſt inhumanity, publick thanks p. 16muſt be returned to God, in France and Italy, for the Stabbing Drowning, Piſtolling, and Cutting the Throats of ſo many Thouſands; inticed thither by the Solemnity of a Marriage, with all the Security that the Promiſe and Oath of a King could give them: But nothing is unlawful that will ruine the Proteſtant Religion.

Only in one thing theſe fell ſhort; for though near Three hundred thouſand were thus Murdered in both Nations, yet they kill'd not all; whereas if they had not ſuffered one Proteſtant in France or Ireland to eſcape with life, the Catholick deſign had been there perfectly accompliſhed, and the bloody Actors had more highly merited; for that merits moſt, which moſt promotes the Catholick Intereſt, which is moſt promoted when Hereſie and Hereticks are quite extirpated; and ſo to kill all Hereticks, is moſt meritorious.

This was it that our Conſpirators aimed at, they intended to leave no Proteſtants alive; thoſe that eſcaped the Maſſacre, ſhould have been cut off by their Army eeDugdales Depoſition at the Tryal of the Five Jeſuits, p. 25.And Coleman ſaith, Their deſign proſpered ſo well, that he doubted not but in a little time, their buſineſs would be managed to the utter ruin of the Proteſtant party, in his LetterffIn Colemans Tryal, p. 78. to the Internuncio. The effecting of this, with the conſequence of it, was a thing ſo deſirable, ſo meritorious, That if he had a Sea ggIbid. pag. 43 77.of Blood, and a hundred Lives, he would loſe them all to carry on the deſign; and if to effect this, it were neceſſary to deſtroy an Hunderd Heretical Kings, he would do it. We muſt not imagine that it was a ſin, with this man, to deſtroy an Hundred Kings, and an Hundred Kingdoms too, in ſuch a Cauſe; a Cauſe, no doubt, moſt glorious, and of tranſcendent Merit in their account; when one man might without profuſeneſs, be at the expence of an hundred lives, and a Sea of blood, to promone it. It is true by his expreſſions, he ſeems to be in ſome tranſport, and no wonder when he had ſo fair a Proſpect of the utter ruin of Proteſtants by their preſent bloody deſign; and ſpeaks of their ruine as a thing certain, and not to be doubted of. Sure this was a ſight ſo fair, ſo tranſporting, as muſt needs raviſh p. 17a good Roman Catholick out of his Senſes. But then how ſenſleſs muſt they be, who will not believe our utter ruine was deſigned, when ſuch as beſt knew it, make no doubt, but it would in a little time, be certainly effected? However we cannot think that they who make ſo little of killing an Hundred Kings, when they ſtand in the way of their Catholick deſign, will ſtick at Aſſaſſinating any particular Subjects.

When we hear Papiſts ſay (as divers ſuch ſayings have been of late obſerved) that they would make no more to kill a Proteſtant Man, or Child, than to kill a Dog hhBradſhaw in Prances Narrative, page 23. Giffard in Hiſt. Plot. pag. 213.We look upon them as wild expreſſions, which proceed rather from the wickedneſs of the perſons than of their Principles; whereas indeed they have ground enough from the Writings of their chief Authors. One of their greateſt Divines proving that they may juſtly kill us, being Hereticks, makes uſe of this Argument among others, Chriſt calls Hereticks Thieves and Robbers; but ſure Thieves and Robbers are worthy of Death; alſo he calls them Ravenous Wolves, Matth. 7. Luke. 20 But Wolves are not only to be driven from the Flock, but alſo to be kill'd, if it be poſſible. So Suarez iiDe Fide. Diſp. 23. ſe…l. 1. n. 3. Zanard. Ibid. cap. 7. pag. 119.argues, and his Argument ſeems leſs toletarable, than the other Villanous expreſſion, for it ſeems more meritorious to kill a Wolf than a Dog. Cardinal**Epil. contra Venetas. Baronius tells the Pope (though his Holineſs might know ſo evident a truth before) that Peter had a double Miniſtry, to feed, and to kill; according to that Text, Feed my ſheep: and according to that too, Kill and eat: For, ſaith he, when the Pope hath to do with refractory oppoſers, then Peter is commanded to kill, and ſlay, and devour. Much according to this Cardinals Doctrine is the ſaying of Singlcton kkPrances Narrative, pag. 4.the Prieſt, That he would make no more to Stah Forty Parliament men, than to eat his Dinner. And who can diſcern b…t the Prieſt; expreſſion is as agreeable to the Cardinals Comment, as that is to his Text? Girald and Kelly, the two Prieſt; that were chief p. 18in the Murder of Sir Edmondbury Godfrey, that they might draw Mr. Prance into that barbarous action, told him,llIbid page 10. That it was no Murder, no Sin (and Girald ſaid, Nothing was to be made of killing Twenty Hereticks in ſuch a caſe,) that it was an act of Charity, and a meritorious work. We may eaſily conceive, how they will have it to be an Act of Juſtice; for they are taught, that the Killing of Hereticks Juſta eſt quia Vindicativa; and ſo withal, how it may be meritorious; every act of vertue being ſo, by their Doctrine: but how it can be an act of Charity, is not ſo eaſie to diſcern. We ſhall hardly be perſwaded, that to kill us, is an act of Charity; but if they will have it ſo, ſo it muſt be. And then who can deny but that Papiſts are the moſt Charitable Perſons under the Cope of Heaven, ſince they will not ſtick to murder Millions of Proteſtants (all in theſe Nations) out of meer Catholick Charity? VVhat need they more to ſtop the mouths of any, that will dare hereafter to accuſe their Church as uncharitable? They may have Two Hundred Thouſand Arguments from one Topick, the Maſſacre in Ireland, to prove that none ever out of Hell, were more emiuent for this vertue, no not the Aſſaſſins themſelves.

The Gunpowder-Traytors were as much for the meritoriouſneſs of Murdering Hereticks. John Grant one of the Principal Conſpirators, the day he was executed, being adviſed by a Grave and Learned Perſon, to repent of that wicked enterprize; He anſwered, That he was ſo far from counting it a ſin; that on the contrary he was confident, that Noble deſign had ſo much of Merit in it, as would be abundantly enough to make ſatisfaction for all the Sins of his whole life, asmmEpiſt. Fron. duc. page 189. Caſaubon aſſures from good evidence.

O the dreadful power of the Spirit of Deluſion, which can perſwade a man even when he is dying, that the moſt horrid and barbarous deſign that ever the Devils helped any of their Inſtrumants to contrive, is ſo tranſcendently both meritorious and ſatisfactory! yet this is not a private ſpirit, but that by which the Roman Church ſeems generally inſpired. This was but a p. 19more compendious way, of executing the Laws of their Church againſt Proteſtants. And Roman Catholicks are left to deviſe what expedient they can, for the execution of them; when they are not in a capacity of proceeding the ordinary way, by burning us. And that Invention will have moſt of Merit, which is moſt quick and extenſive, and makes an end of moſt at once. The Society is particularly under the Conduct of that Spirit; for the Provincial Garnet, Teſmond, Gerard, and other Jeſuits did teach the Conſpirators this Catholick DoctrinennGunpowder. Treaſon. pag. 74. That the King, Nobility, Clergy and whole Commonalty of the Realm of England (Papiſts excepted) were Hereticks, and that all Hereticks were accurſed and excommunicate, and that no Heretick could be a King; but that it was lawful and meritorious to kill the King, and all other Hereticks within this Realm of England; for the Advancing and enlargement of the Authority and Jurisdiction of the Biſhop of Rome, and for the reſtoring of the Romiſh Religion. What? Is it meritorious to kill all in the Realm? Yes, the more the better, the greater the ſacrifice, the greater will the value and merit of it be: They will prove it unanſwerably by an Argument from the leſs to the greater. If it be meritorious to kill one Heretick, it will be as much more meritorious to kill all in a Kingdom; as all in a whole Kingdom are more than one ſingle perſon.

Thus the greater any wickedneſs is, the more powerful Motive their Church hath for its encouragement; The more prodigiouſly bloody and inhumane it is, the more will the Catholick Merit of it advance. And the Ground of this is obſervable, they will have it meritorious to Murder this whole Nation, King and People, becauſe they were Hereticks, and all Hereticks are accurſed and excommunicated. Now King James and the People of theſe Kingdoms were not at this time excommunicate expreſly, nor ſo denounced, nor any ſuch ſentence againſt them publiſhed, as the Jeſuits acknowledged; only they were included in the general Excommunication, which is denounced by the Pope againſt all Hereticks every year the week before Eaſter. So that all who are in their account Hereticks, but one year, or but one day before p. 20M…undy Thurſday, are ſufficiently accurſed and excommunicated, to make them liable to be juſtly killed; and to render any Papiſt capable of meriting, by doing execution upon them. All the Proteſtants in theſe Nations may be meritoriouſly ſlaughtered, as ſoon as ever the Papiſts have opportunity to do it, without expecting a warrant from any other ſentence, or Excommunication, than what we are continually under. This was the Doctrine of our Engliſh Jeſuits, of Garnet their Superiour particularly, whom the Papiſts here honoured as a Pope, and paid him the veneration due to his Holineſs, by kiſſing his feet, and reverenced his Judgment as an Oracle; and ſince his Death he hath the Honours of a Martyr. And if he and his Aſſociates be counted Martyrs, for but deſigning to deſtroy the Proteſtants of theſe Realms, though they miſcarried; what would their Succeſſors be thought worthy of, if they could attempt it ſucceſsfully, and do effectual Execution? Garnet further declared it to be his Judgment, that it was ſo neceſſary to have Proteſtants deſtroyed; that it would be meritorious to attempt it, even in ſuch a way, as would ruine many Catholicks with them. Catesby (with reſpect to the Powder-Plot, whereby many Roman Catholicks, and ſome of conſiderable quality, were like to be blown up together with the Proteſtants) inquires of their Oracle, **…bon Ibid. p. 184.Whether it was lawful to ruine the guilty and the innocent together? Garnet firſt Anſwers in a private Houſe, that it is lawful, if ſo much advantage can be gained by it, as will countervail the deſtruction of the Innocent. Afterwards he tells them in the Fields, That they may lawfully extinguiſh the good and bad together, and that it would be an act of great Merit, if it would much promote the Catholick Intereſt. Upon this account we ſee how it might be meritorious to burn London, though the Houſes and Goods of many Papiſts were conſumed in the Flames; yea, and how the moſt deſperate Villains amongſt them might merit Heaven, and expiate all the Crimes of a moſt flagitious life, if he could but fire the whole Kingdom: provided ſo many Proteſtants were thereby ruined, as would countervail the loſs of ſuch Catholicks, who could not eſcape the common Flames.

p. 21Whereby we ſee their Principles and Actings, both of them are grounded upon their Church-Laws, Sentencing Hereticks to death and ruine. The executing of theſe Laws is the exerciſe of a principal vertue, an Act of Juſtice, and is upon this and other accounts eſteemed meritorious. Execution muſt be done one way or other in order to it; they muſt and will do, what our preſent Circumſtances leave feaſible. They cannot now in a Biſhops Court try and condemn us, and then deliver us to the Secular Power to be burnt at a Stake; but they can Stab, or Piſtol, or Poyſon us, or Blow us up; and theſe are Acts of Juſtice upon Malefactors, which their Laws condemn to Death, no leſs vertuous and meritorious than the other; perhaps Heroical in their account, as being of more then an ordinary ſtrain. It is true, they want ſome formalities of Law, yet are never the worſe for the want of that, which they cannot poſſibly have. But men once they have ſecured the Throne, we may expect they will proceed againſt us with more obſervance of a Judicial Proceſs, and burn us and our Children with all Punctilio's of Law, as they did under the laſt Popiſh Succeſſor.

But it is not probable that under ſuch a Succeſſor theſe Laws may not be executed.

If there were any probability, that for a while they might not be throughly executed, yet our condition in the interim would ſcarce be tolerable to an Engliſh-man; to be deveſted of all ſecurity by Law, for Liberty, Eſtate and Life; and to hold theſe without, nay againſt Law, only at the will and known mercy of Papiſts; even when they muſt count it a cruelty to themſelves to ſpare us, ſeeing both their Salvation and (which ſeems generally more minded) their Intereſt is concerned in the Execution of theſe Laws. It ſeems highly probable to me that all endeavours will be uſed to have them fully executed; for the deſign of theſe Laws is to deſtroy Proteſtants. And thoſe Romaniſts that underſtand their concerns, do make account, that their main intereſt lyes in this; For neither can they recover their former flouriſh and greatneſs, nor can they indeed think themſelves ſafe, till this be done,

Accordingly we may obſerve, that in all Countreys round about us, who have been under Popiſh Princes, all attempts have p. 22been made, and their utmoſt endeavours uſed utterly to root out Proteſtants. And it is meer folly to expect that we ſhould fare better in like circumſtances. Even in France the only inſtance alledged, to give any hopes that Proteſtants may ſubſiſt under ſuch a Power, The deſign of theſe Laws was vigorouſly purſued, in all methods of pretended Juſtice, and plain Violence, in the Reigns of Five Kings ſucceſſively; by Confiſcations and Plunderings, by Fire and Sword, by Aſſaſſinations, Treacherous Maſſacres, and open War. So that ſome Hundred Thouſands of them were deſtroyed, and in all reaſon none of them had eſcaped, nor any more Hugonots had been left in France, than there are in Spain and Italy; if they had not ſtood upon their Defence, which yet proved a lamentable expedient; for if we will believe Father Parſons ooMitigati…, page 130.two Millions on both ſides were ſlain within the compaſs of Ten years in the Reign of one of thoſe Five Kings.

Thoſe who would have us reduced to ſuch a condition, wherein we cannot otherwiſe be ſecured than the French Proteſtants were, would either have us proſtitute our Religion, and all that is dear to us to the will of the Papiſts, or elſe expoſe the Nation to deſolation and ruine.

Our Conſpirators have declared that they had the very ſame deſign which thoſe Gracious Laws engage them in, viz. the utter extirpation of Proteſtants and their Religion, and were reſolved and prepared to purſue it with Fire and Sword. Of the former they have given us a real Demonſtration by the Flames we have already ſeen; and of the latter by their Army to be Commanded by Officers of the Popes appointment. They were to begin with Aſſaſſinations, and our Soveraign was to fall with the firſt. In this all that have given any Evidence, exactly agree, and all ſee, but thoſe that will be blind, and would have His Majeſty for company periſh with his eyes ſhut. When they had diſpatched the King, a Maſſacre was to follow, as is poſitively Sworn again and again by unexceptionablepp… of the Five Jeſuits, page 25. Witneſs, and this ſignified to be the method adviſed, by the Conſpirators both in France, Flanders, and England; then to make clear work, thoſe p. 23Proteſtants that eſcaped the Maſſacre, were to be deſtroyed by their Army. Coleman at his Tryal would have us believe, that nothing was intended but the advance of Popery, by the Innocent way of Toleration; that is no wonder, for he was then concerned, if ever, to diſguiſe their Deſign. But when he hath to do with thoſe who were conſcious to the Plot, and with pleaſure could ſee the bottom of it; then the Mask is off, then it is in plain terms the ſubduing of a Peſtilent Hereſie (for ſo is the true Chriſtian Religion in the Roman Stile now-a-days) and the utter ruine of the Proteſtant party. To accompliſh ſuch a glorious deſign, there muſt be no ſticking (as was obſerved before) to kill an Hundred Heretical Kings, (Alas! one ſingle King was nothing to the Dagger of ſuch a Hero) or to ſhed a Sea of Blood (their own he means.) How many Seas of Proteſtant Blood do we think might have ſatisfied ſuch harmleſs Catholicks? not an hundred we may be ſure, if all the Proteſtants in the World could have bled more. But this they were bound in Conſcience to execute the Popes Laws, they were at all points ready to do it, they wanted nothing but only a Catholick Prince in the Throne.

O but the Temper, or at leaſt the Intereſt of ſuch a Prince would oblige him to forbid or reſtrain ſuch violent executions in England.

I, but what if his tempter be ſuch as to comply with ſuch violent proceedings; or his temper being better, what if it be overruled? What if he be perſwaded as other Catholicks are, that he muſt in Conſcience proceed thus? What if he cannot do otherwiſe, without apparent hazard of his Crown or Life?

The Contrivement is ſuch, that Execution ſhall be done before he hath got the Reins of Government into his hand; and when he hath them, he is not to hold them alone, he will not be allowed to be much more than the Popes Poſtillion, and muſt look to be diſmounted if he drive not according to order.

Let theſe things be weighed, that we may ſee before it be too late into what circumſtances we are running. If the Prince be Zealous and Reſolute, a Bigot in their way; If his heat in embracing Religion at firſt, or promoting it afterward, tranſport him beyond the ſenſe of his Intereſt; If it make him contemn ſuch reaſon, or decline that conſideration that ſhould have withheld p. 24him from it, or might moderate him in it; If he make it his deſign, and count it his Glory, to ſubdue this Religion as a Peſtilent Hereſie; If he give up himſelf to the Counſels and Conduct of ſuch, whoſe words and practices make it evident, that they intend extremities; then there is a violent preſumption, that he will not ſtudy any abatement of the rigour of theſe ruining Laws, after once he thinks himſelf firmly ſetled.

But if (as I had rather ſuppoſe) his inclination ſhould lead him to ſome Indulgence and forbearance, yet that muſt be controuled by Conſcience, and Conſcience muſt dictate what they ſuggeſt, who have the conduct of it; and it will be readily ſuggeſted, that it is a deadly crime to favour Hereticks to the prejudice of the Catholick Intereſt, which can never be more effectually advanced than by their ruine. Beſides, the Law qqCap. ut officium.it ſelf aſſures us, that it is not in the power of any Civil Magiſtrate to remit the penalty, or abate the rigour thereof; and this alſo is declared by the Bulls rr…of ſeveral Popes. Nay if the Prince ſhould ſolemnly engage his Faith, and give as much ſecurity as Papiſts can give by Oath, that he would not ſuffer Sanguinary Laws to be executed upon his Diſſenting Subjects, this would ſignify nothing: For they would ſoon let him underſtand, that Contracts made againſt the Canon I aware invalid, though confirmed by Oath, as P. a St. llDe primo praecepto. p. 94.Joſeph. And that he is not bound to ſtand to his promiſe, for the Liberty of Religion, though he hath ſworn to it, as Bonacina; ſſ… praecept. Di…. 3. q. 2. pu…l 8. prop. 3. n. 159.and that Faith is no more to be kept with Hereticks, than the General Council of Conſtance would have it. So that Proteſtants are to be burnt, as John Hus and Jerom of Prague were by that Council; though a Prince hath given his Faith and Oath for their ſafety. The beſt that is pleaded in defence of that General Council ſo openly Canonizing perfidiouſneſs, leaves Proteſtants as much expoſed, after all the ſecurity the Prince can give, as if none at all were given them The Emperours engagement, ſay they, ſecured them againſt Secular Proceſs, but not againſt the Proceſs of the p. 25Church. So that the Church may burn us, when the Prince hath engaged all his faith for our ſafety. And to this purpoſe it is obſervable what Becanus uuManual. l. cap. 15. n. 15, 16.an eminent Jeſuit delivers when he is endeavouring to vindicate their Council. The Council of Conſtance, ſaith he, Decreed theſe two things: Firſt, That the Secular Power can no way hinder the Eccleſiaſtical Power from its Legal exerciſe, and therefore if any Secular Prince do give ſafe conduct to any Heretick, this ought not to hinder the Eccleſiaſtical Judg from exerciſing his Office, that is from trying an Heretick, and proceeding againſt him according to evidence. The reaſon is, becauſe when there are two Princes who have diſtinct Judicatures and Tribunals, one of which is greater and ſuperiour to the other; the Inferiour may not hinder the Superiour, from executing his Juriſdictions. And therefore the ſecurity which he promiſeth to any, extends not to the Tribunal of the Superiour Prince, becauſe the Superiour is not bound by the Laws and agreement of the Inferiour, (Caput, cum Inferior extra.) But now the Secular and Eccleſiaſtical Prince have diſtinct Tribunals (as is well known,) and the Eccleſiaſtical is Superiour (Cap. Solita:) Therefore the Secular, when he gives ſafe Conduct to any, he cannot extend it to the Eccleſiaſtical Tribunal; nor by the ſecurity given, can hinder the Juriſidiction of the Eccleſiaſtical Judg, &c. Molgnus xxDe fide. l. 3. c. 27.alſo, who undertakes to excuſe this Council, ſaith, It is a General Rule with the Romaniſts, That Faith is either never to be given, or never to be kept with Hereticks, for the exerciſe of their Religion. Simanca yyCathol. Inſtit. Tit. 46. N. 52.by the Authority of the Council, maintains this worthy principle, That Faith engaged to Hereticks, though confirmed by Oath, is in no wiſe to be performed. He would prove it by reaſon: For (ſaith he) if Faith be not to be kept with Tyrants, and Pirates and other Robbers, who kill the body; much leſs is it to be kept with Hereticks, who kill Souls; He confirms it with the Teſtimonies of Salomonius, and Menochius, Placa, &c. and of p. 26theirzzSum. 2 da 2 dae, Q. 70. Art. 1. Angelical Doctor, the Oracle of their Schools, who ſaith, an unteachable Heretick is to be betrayed to Juſtice, notwithſtanding Faith and Oath. Becanus aaManual. l. 5. c. 15. n. 25.to vindicate the Doctrine of Simanca, tells us, that they all ſay as much as he hath ſaid. Simanca teaches the ſame that we teach, viz. That Faith is to be kept with Hereticks in what is lawful and honeſt: but in no caſe otherwiſe, and ſo never in caſe of Hereſie. So that the Faith of any Prince however engaged, is ſo far from giving an Heretick any ſecurity; as Hereſie is far from being a thing lawful and honeſt. Upon theſe principles (by which it appears that Rome hath changed Faith with Carthage, that being now worſe than Fides Punica; and is when ſhe would be counted Chriſtian, far more Faithleſs than when Pagan) their Doctors, Jeſuits, and others, have inſtigated Kings to endeavour ſeriouſly the rooting out of Hereticks; Aſſerting, that an Oath in favour of Hereticks, is but Vinculum iniquitatis. In Fine, This is the ſenſe of their beſt Authors, and we muſt believe it to be ſo, unleſs we will be deluded. By their Laws and Principles they are always under an Obligation utterly to exterminate Proteſtants; yet ſometimes they are concerned in point of Intereſt, to forbear and diſſemble; Pretending to engage their Faith when they do it not in the ſenſe of thoſe who relye on it, as the Council of Conſtance deluded Jerome of Prague, that they might (as they did) burn him: or engaging their Faith when they intend not to keep it, as our Queen Mary, Charles the 9th of France, and other Popiſh Princes, abuſed the Proteſtants to make them ſecure, that they might have the better advantage to ruine them; and then that they may ſeem real, they may promiſe or ſwear that they will not proceed againſt us; yet notwithſtanding when they have an opportunity to deſtroy us, though they were bound by Ten thouſand Oaths not to attempt it; yet they Sin damnably if they endeavour it not to the utmoſt.

p. 27But if there were neither Law nor Conſcience to hinder, yet in point of Intereſt, he muſt not ſhew favour to Hereticks, nor grant any Indulgence for their Religion, he cannot do it without apparent hazard both of Crown and Life. For by ſhewing ſuch favour, he in their account depoſeth himſelf, and immediately loſeth title to his Kingdoms.

An Emperour or a King, ſaith Parſons bbPhilopat. p. 109., if he ſhew favour to an Heretick, for that he loſeth his Kingdom. The Jeſuits have ſufficient grounds for this Doctrine, how extravagant ſoever it ſeems. For the Council of Lateran, which Bellarmine calls their greateſt and moſt Famous Council, decreethccCap. Excommunicamus, de Haereticis Sect. moneantur., that if a Prince upon a years warning, doth not exterminate Hereticks; his Subjects are diſcharged from Allegiance, and his Dominions are to be ſeized on by other Catholicks: He thereby draws upon himſelf the Curſe and Excommunication of the Church, he is excommunicate by Law, that Council hath paſſed Sentence already, and he is de facto Anathematized yearly by the Bull of the Supper; the former is Excommunicatio Juris, by the Law: and this is Excommunicatio Hominis, by the Judg, as ſeveral of theirddGraff. deciſ. l. 4. c. 11. n. 6. Becanus de Fide. c. 15. q. 8. n. 6. Soto 4. Diſtinct. 25. Q. 1. Art. 1. Citing two Texts of their Law for it. Cap. Sicut de Haereticis, & Cap. ſiquis forte. 24. Q. 1. Doctors will have it. So that it takes effect preſently, Ipſo Facto, and is of no leſs force than if the perſon concerned were Excommunicated particularly, and by name, though the terms be general.

The Pope every year doth ſolemnly Excommunicate and Curſe, not only all Hereticks, but every Favourer and Defender of them, and from this Sentence, none can Abſolve any but the Pope himſelf, for it is a reſerved caſe; and they generally declare him to be a Favourer of Hereticks, who hinders the execution of the Laws made againſt them. Conformably hereto their Doctors p. 28teach, that Kings and Princes when they are negligent, in rooting out Hereticks; they are to be Excommunicated, and depoſed by the Pope. So Becamus eeControverſ. Anglican. p. 131, 132.. Another as I find himffIn Foulis. pag. 60. cited, ſets it out more elegantly in a Metaphor, making Princes to be the Popes, their Shepherds Dogs (as they are wont to do out of great reverence) and expreſſeth himſelf ſignificantly to this purpoſe. If a Prince be a dull Cur, and fly not upon Hereticks, he is to be beaten out, and a Keener Dog muſt be got in his ſtead. OthersggZanard. Direct. Pars. 2. pag. 61. tell us, he incurrs more grievous penalties than Excommunication, as appears by the Breves of ſeveral Popes; though to be deprived of Kingdom and Life, to which this Sentence makes a Prince lyable, one would think ſufficiently grievous. But there is no need to cite particular Doctors, ſeeing by the DecreeshhCap. Excommunicamus, de Haereticis. of that Church the Fautors of Hereticks, are lyable to the penalties which are to be inflicted on Hereticks themſelves: and their Church-LawiiCap. Error 83. Diſtinct. &. cap. Qui alius, de Haereticis. determines again and again, that they are to be taken for Fautors of Hereticks, wh… omit what they ought to do, for the puniſhing of Hereticks, that they may ceaſe from their errour: And in this they all agree, Ita docent omnes, ſaith Suarez kkDe Fide. Diſp, 24. Sect. 1. N. 6.. Sure he muſt have more Love for Proteſtants, than any true Papiſt can have, who will run ſuch hazards, to ſhew them Favour.

He muſt expect alſo to be burdened with the Hatred of Zealous Chatholicks, and the effects thereof. They deteſt ſuch a Prince, and damn that Political Prudence, which forbears the ſevere execution of the Laws againſt Hereticks; as being the way not only to ruine the Church, but ſubvert a Kingdom llRibadeneira de Principe, l. 1. cap 15.They count none worthy the Crown, who will not go through ſtitch with their deſign, for extirpating Hereticks, and promoting p. 29the Roman Intereſt with Fire and ſword. Nay they count ſuch, though they be Papiſts, as bad as Hereticks, worſe than Turks, and unworthy to live; they will have a price ſet on their Heads, and Aſſaſſinates hired to rid the World of them. So Doctor Stapleton, mmOrat. contra Politicos, p. 15. & 24. in Hoſpin. Hiſtor. Jeſuit. l. 4. c. 11 ſect. 2.counted one of their greateſt and moſt ſober Divines. And theſe are not only Points for Speculation, they have been reduced to practice among thoſe who have the repute of the moſt moderate Papiſts in Europe. Henry 3d. and 4th two Kings of France were Aſſaſſinated on this account. A ſuſpicion that they favoured Proteſtants, was the great inducement to Zealous Catholicks to get them ſtab'd. The two Kings ſince indeed have eſcaped better; no wonder, for they never provoked the Catholick Aſſaſſinating Spirit: They have given ſufficient demonſtration that they hate the Proteſtants; for though they kill them not out-right, yet have they reduced them to ſuch Circumſtances, that their Mortal Enemies may to their ſatisfaction, ſee them dye a Lingering Death.

And which more concernsus, the Conſpirators in all places having declared expreſly, that if RO. H. do not anſwer their expectation, for rooting out of the Proteſtant Religion, and Extirpating thoſe that profeſs it: Their deſignnnDr. Oats Narrative, pag. 4. n. 5. p. 3. n. 4. p. 8. n. 13 p. 10. n. 16. p. 15. n. 13. p. 10. n. 29. p. 39. p. 64. n. 6. is to deſtroy him after they have killed his Brother. So that whatſoever reſpect they have for him on the account of his Religion, yet after they have ſerved their turn on him a while; he muſt expect nothing but Death, unleſs he will give aſſurance that he will ruine the Proteſtants of theſe Nations.

Hereby we may judge, what favour we may in reaſon promiſe our ſelves, from the Temper or Intereſt of a Popiſh Succeſſor.

p. 30But may not Parliaments ſecure us by Laws and Proviſions reſtraining the Powers which endanger us?

There is nothing of this tendency can in reaſon be expected from Parliaments, without ſecuring the Throne. For if the Conſpirators once gain that, it may be they will have no Parliaments; A Government more Arbitrary and Violent is more agreeable to their Principles and Deſigns. It is apparent that Popery, as it hath been by many occaſions ſublimated ſince the Reformation, hath in a manner quite ſtifled the Engliſh Spirit in Engliſh Papiſts. They are for another Government, in which the Pope muſt be Supreme, and to which our Kings muſt be ſubjected or kill'd. And in Civils, they are for an Ʋniverſal Monarchy, by which this and others muſt be ſwallowed up; and ſo they are ſtill ready to devote themſelves to that Prince who bids faireſt for it. So they did to the Spaniard in Queen Elizabeths time, and now upon that account are wheeled off to the French: They have been forward upon all occaſions, to Sacrifice the Honour of the King, and the Liberty of the Subject to the Roman Moloch; they are much more his Subjects than the Kings; and they are no more to be truſted as to the true Engliſh Intereſt, than the Italians or Spaniards. They paſs for Natives indeed, being born among us; but are plainly Foreigners as to Government, Principle, Intereſt, Affection and Deſign. We may well believe on theſe accounts they are no Friends to Parliaments, if they did not otherwiſe openly declare it.

But if the neceſſity of their affairs ſhould require a Parliament, there is no great queſtion but they may get ſuch a one as will ſerve their turn: For ſo hath every of our former Princes in all the changes of Religion that have been amongſt us. So did Henry the 8th, both when he was for Popery; and when he was againſt it, and when he was partly both for it, and againſt it. So did Edward the 6th. when he was wholly Proteſtant. So did Queen Mary, when ſhe was for burning them alive. So did Queen Elizabeth, when ſhe run Counter to her Siſter. There are Engliſh-Papiſts enough already to furniſh both Houſes; and there will be more, if Popery were once enthron'd. The ſtrongeſt Arguments which divers have for their Religion, are drawn p. 31from the Throne. The indifferency which is viſible in too many, ſignifies that they will be determined by their intereſt, and their Eſtates are like to out-weigh their Religion.

The warping of divers upon advancement, and acting Counter to themſelves when lower; ſhews, there is ſomething higher in their hearts, then that which ſhould be Supreme. The little concern they ſhew for Religion, who in regard of their Station in the Church, ſhould have the greateſt Zeal for it, diſappointing and aſtoniſhing thoſe who eſteemed them Proteſtants, and great ſupports of that Profeſſion.

The little ſenſe of any danger (when our Religion was never in ſuch extreme hazard, ſince we and our Fathers were born,) the obſtructing in one or both Houſes, of all that is offered to ſecure us, or hath the moſt probable tendency to it, by thoſe from whom it was leaſt expected. Thoſe greater heats againſt true Proteſtants (differing from us in ſome ſmall things,) than againſt Papiſts; when repreſented by this horrid Plot in their own Colours; ſhews, that Popery is no ſuch formidable thing to many, now under another profeſſion; as it is, and will be to Hearty proteſtants, and ſuch as have effectually received the Love of the Truth. However by the Laws which will be in force, when the Throne is Papal; All Proteſtants muſt be excluded from both Houſes. For all theſe muſt then paſs under the notion of Hereticks, and as ſuch, not only by the Conſtitutions of ſeveral Popes, but by the DecreeooCap. Excommunicamus Sect. credentes. Tit. de haereti…i…. of a General Council, received as obliging in Popiſh Countreys; they are made uncapable of being admitted to any publick Counſels, or of chuſing any to ſit there. This is but a branch, of one of the laſt Penalties we muſt then lye under; and thus all hopes of any Relief by Parliaments, under ſuch a Succeſſor, are quite blaſted.

As for Laws ſuch as are, or may be made before-hand for reſtraining Popery, and ſecuring our Religion under a Popiſh p. 32Soveraignty; they will then be judged Nullities, for they are no Laws which are againſt the common good; but theſe will be counted miſchievous Acts, of a pernicious nature and tendency; being for the ſupport of Hereſie, againſt their Catholick Intereſt. They will be null and void alſo, without any formal repeal, upon another account, viz. becauſe Enacted by an incompetent Authority: For our Parliaments are now, and have been long Conſtituted of ſuch as they count Hereticks; and theſe by the Decrees and Principles of their Church have no ppJurta conſtitutiones Greg. 9. Haereticus privatur omni Dominio naturali, civili, politico. Simanca Inſtit. Cathol. Tit. 46. N. 74.Jurisdiction at all, much leſs that which is Soveraign and Legiſlative. They have no right to proceed in Judgment upon Laws duly made, ſo far are they from all juſt Power to make any. And whereas no Laws can be made in theſe Realms without the concurrence of every of the Three States in Parliaments, they will not own any of them to be in a capacity to concur therein.

The King being an Heretick, is with them no King, he is deveſted of all Prerogatives and Royalties; hath no power to call Parliaments, or paſs any Bills there tendred; He is no better with them then a private perſon, nay in a worſe capacity than a good Subject; for by their Principles he may lawfully be killed by a private hand.

The Nobles being Hereticks, their Blood is tainted by the higheſt Treaſon, the Attainder good in Law, (that Law which will then be of moſt Soveraign Obligation;) they have loſt all Priviledge of Peers, they have no Titles to Baronies, no rights to be Summoned by Writ, if there were any that had right to Summon them. They have forfeited what they had by Deſcent, though from Popiſh Anceſtors; and what they had by Patent, is null and void. Since our Princes were Proteſtants, they are no more Lords, in the ſenſe of the Romiſh Laws, nor have more Right to ſit as Peers in making Laws, than Laws of Jack Straws creating.

p. 33This is manifeſt by the firſt Penaltie forementioned, and awarded againſt Hereticks by the Laws of the Roman Church; which takes effect from the firſt day of their ſuppoſed Hereſie, before Sentence of any Judge.

The Commons being Hereticks are no Proprietors, and ſo have no Power, no Priviledge doe to the Commons of England, they are born to no Eſtates, if they be the Iſſue of Proteſtants; The Eſtates of their Fathers being confiſcated before they were born, and ſo is all they have acquired ſince by Purchaſe, or otherwiſe. So that they have no Right to be choſen, nor have Proteſtants any Right to chuſe them, being no Freeholders, nor having title to any Goods or Lands, by any Tenure whatſoever. In ſhort, By the Judgment and Sentence of their Church, all Ranks among us are in a State of Ʋſurpation, we have no right to Eſtate or Life (as we are like to find when they have power;) much leſs any Authority to make Laws: What our Parliaments have enacted, or may do, for the ſecuring of our Religion, or Reſtraint of Catholicks; is no more valid, no more obliging with them, than the Acts or Ordinances of meer Uſurpers, nor do they owe, nor will they pay them more obſervance (when time ſerves) than to the Conſtitutions of ſo many Thieves and Robbers.

But ſuppoſe our Laws were valid, and Enacted by a competent Authority, yet being againſt the Laws of the Church, the Soveraign Authority of theſe will ſuperſede the other: For ſo they determine, that when the Canon and the Civil Laws claſh, one requiring what the other allows not; the Church-Law muſt have obſervance, and that of the State be neglected. Their Lawqq… provides p. 34for its preeminence, in theſe words, Conſtitutions againſt the Canons and Decreet of the Roman Biſhops are of no moment. Their beſt AuthorsrrVictoria relect. pag. Navar. Manual. c. 7. n. 1. Fumus v. lex. n. 7. B… nacina. Tom. 2. Diſp. 1. Q. 1. punet. 4. n. 17. Diana. Sum. v. in puiſitor. n. 10. after Barboſa and others. are poſitive in it, and our own Countrey affords us Inſtances of it. The Statutes of Proviſoes, and others of like nature, made in the Reigns of Edward the Firſt, Edward the Third, Richard the Second, and Henry the Fourth, for the relief of the Nation againſt Papal Incroachments: They were defeated by the Popes Authority, and in effect repealed, there being no effectual Execution of them till Henry the Eighth's time. And if the Pope (the Throne being once at his Devotion) ſhould appear againſt any Statutes or Proviſions made for our ſecurity, as Pope Martin ssBarnet Hiſt. Reformation, page 110.the Fifth did againſt the Statutes of Edward the Third, and Edward the Second, that would be enough to null them as to the Conſciences of Roman Catholicks; or to lay them aſleep, and render them ineffectual to the purpoſes they are deſigned for.

We may ſee hereby what Laws made now, for our Security will ſignifie, when ſuch a Succeſſor is in poſſeſſion.

Upon the whole, our danger as to all our concerns, Civil and Religious, is very apparent, and looks upon us with ſuch a terrible Aſpect, as ſcarce any true Proteſtant can fully view it without Horrour and Trembling. Our Eſtates, Lives, and Souls are in extreme hazard, and what have we more? That which will not ſecure us is diſcernable by the Premiſes; what expedient may be effectual to reſcue us and our Poſtery, who with us and all that is dear to both, are now in the very Jaws of Deſtruction, is humbly leſt to the Wiſdom of the Nation in Parliament.

FINIS.

End of the text · David Clarkson, The Case of Protestants in England Under a Popish Prince (1681)