The Practical Divinity of the Papists Discovered to be Destructive, Discourse · Chapter 9 · Section 9 – Section 12
Sect. 9. Further, it's no ſin for the Romaniſts to take from thoſe whom they count Hereticks (from Proteſtants particularly) all that they have: This will not be Theft or Robbery, but an act juſtified by the Laws of their Church, which oblige them to do it; for this is one of thoſe many puniſhments, which that Law will have inflicted on us; (k)Concil. Later. ſub Innoc. 3. bona ipſorum ipſo facto applicantur fiſco, Angel. Sum. v. haeret. n. 5. ſunt ipſo jure, vel ipſo facto confiſcata Sylveſt. v. haeret. c. 1. n. 12.the goods of Hereticks are by ſentence of Law immediatly conſiſcated. There is no queſtion of this amongſt them; only as to the execution, there is ſome doubt, whether Hereticks are bound in Conſcience, as ſoon as they are ſuch, to give up their poſſeſſion themſelves, and deliver all they have to Roman Catholicks; or whether they may not without mortal guilt, keep poſſeſſion, till the Papiſts ſee it fit to put them out, and ſeize on all they have. Their famous (l)Cujus regula eſt, quod ille cujus bona ſunt ipſo facto confiſcata, non poteſt illa cum bona conſcientia retinere, quia ſtatim ſunt acquiſita fiſco, in Soto de Juſt. & jure l. 3. q. 6. art. 6. p. 21.Panormitan concludes that the Hereticks are bound, under the pain of deadly ſin, to do this execution upon themſelves, not expecting any other Sentence, or Executioner. And there is a pretty Army of Doctors (longa Doctorum phalanx) do maintain this with him: but Soto and ſome others determine, that they need not be ſo haſty to give up all they have of their own accord, but may ſtay for a declaratory ſentence, and ſeiſure upon it; but then a (m)Sylveſt. ibid. n. 12.general ſentence will ſerve, without particular proceſs or examination who are perſonally guilty, and a (n)Idem. ibid. & Angel. ibid. n. 5.ſentence by ſome Eccleſiaſtical perſon may ſuffice.
But all of them agree in this, that Hereticks loſe all title and property in what-ever they poſſeſs, and that for them and their heirs; and this before any declaratory (o)Idem. ibid. v. paena. n. 3. Graff. l. 2. c. 11. n. 10, ſine.ſentence, even from the firſt day of their pretended heretical pravity, as the (p)Ut etiam tenet Director. l. 3. tit. 9. qui etiam dicit, quod dicta bona damnatorum propter haereſim, vel bujuſmodi ad fiſcum pertin…nt a Die commiſſi criminis, Sylveſt. ibid. n. 13. Condemnatio illa vetro agitur uſque ad articulum quo haereticus omni ignorantia nudatus, haereſim ſtudio aſſ…ruit. Aſsertio eſt Jo. Aud. Sed nulla opus est authorum citatione: nam lex eſt expreſſa.—Et univerſalis uſus & practica St. Senatus inquiſitionis ſic habet nempe ſecundum normam directori. l. 3. tit. 9. Soto. ibid. p. 23. vid. Sylv. ibid. n. 14. Graff. l. 2. c. 21. n. 17.Directory for the Inquiſitors determins.
To loſe all title to their Eſtates, may ſeem a ſmall matter, conſidering that they loſe all power and juriſdiction, all right to Honour and Fame, (they and theirs being infamous) to Liberty alſo, and Life it ſelf: But becauſe loſs of Property is great in conſequence, let us ſtay a little on it. All that theſe pretended Hereticks have, being conſiſcated, they are liable to a Seiſure preſently; and though their convenience will not ſerve them to ſeiſe on all, a long time after; yet in the interim, the poor Hereticks are reſponſible; for all the (q)Talis clauſula ipſo jure vel facto, operatur reſtitutionem fructuum medij temporis—n…ma Die commiſſi criminis, non facit fructus ſuos, ſed ſtatim debentur fiſco Fel. in cap. Rodolphus de reſcript. Graff. ibid. n. 21.mean profits (it may be in our caſe, for a hundred, or two hundred years paſt); and all this while, they have no power to alienate or diſpoſe of their Goods or Eſtates, by Gift; Sale, Will, or otherwiſe; yea, not of any of it, by way of Charity, for they are not their own to diſpoſe of. Hence all Wills, Sales, Contracts, for this purpoſe, (it may be for ſome ages together) are (r)Dona…io vel alienatio facta per haereticum ante damnationem non tenet—ſicut facta damnatione bona alienare non poſſunt, ſic nec ante illam a die commiſſi criminis, Sylv. ibid. n. 14. Habetque eouſque vim talis ſententia, ut omnes contractus, nempe donationes, venditionis, atque alij, etiam cauſa dotis, quos haereticus ab illo articulo ſecerit, hab…antur pro infectis, Soto. ibid.null and voyd. And if the Heretick will venture to alienate any thing he has, he that buyes it, does it at his peril (s)Navar. c. 17. n. 106.; for though it paſs from hand to hand many years, yet it may be taken away from the Purchaſer, with whom it is found, (t)Si haereticus alienavit, fiſcus vel inquiſitores non tenentur reſtituere pretium emptori, quia …ff…ctus damnationis re…ro trahitur, Sylveſt. ibid. fiſcus nullo emptoribus reſtituto pretio ſibi adjudicat dicta bona. Soto. ibid. res quaelibet per delinquentem ali…nata a fiſco vindicari poſſit a die commiſſi criminis, pretio ipſi emptori minime ſoluto. Graff. ibid. n. 17. Non ſolum revocabit rem▪ pretio non reſtituto emptori, qui emit ab haeretico: verum etiam nec …i qui emit, quantumcunque per plures manus tranſierit, a qui non habuit jus vendendi, haec Jo. Manald. Archidiaconus, & Jo. Andreus & idem. Directorium in Sylveſt. ibid.without reſtoring the price that was paid for it: and he that ſells it, is a Cheat, and (u)Navar. c. 23. n. 89. Sylv. ibid.ſins mortally, if he gives not the Purchaſer notice of the hazard, and tell him, that when he ſells his Eſtate, or Goods, he has no right to ſell them. If the pretended Heretick dye, and leave what he has to his (x)Nihil habebunt de bonis parentum filij, nec etiam agnati Angel. ibid. n. 7. Si aliquis ſit declaratus haereticus, ſtatim potest ſieri executio in bonis ejus, excluſis filijs, etiam de legitima. Graff. ibid. n. 10.Children, it is no better than if he left them another mans Goods which he had no title to. Yea, though the Children be (y)Si habue…int Catholicos ſilios nibilominus confiſcantur ſecundum Gloſſ. in. Sylveſt. ibid. Angelus. ibid. Quinimo veniunt privandi ipſi filij Catholici etiam legitima ita notatur per Genzelinum—quem ſequitur, Zabarella & ratio eſt, quia legitima eſt quota bonorum, quae pater habebat tempore mortis, ſed pater eo in tempore nihil habet quando bona ſunt confiſcata, Graff. ibid. n. 9.Catholicks, they loſe their portion. But who are thoſe that may take from Proteſtants (or others whom they count Hereticks) what they poſſeſs? why, any that will: Authority is given to all who-ever to Rob, ſpoil, or bereave us. So Sylveſter, and others, quoting the Rabbies of the Pontifical Law for it. It is their determination, that in point of Law and Conſcience, (z)Si aliter fieri non poteſt, manu armata ſunt eis omnia bona auferenda ut, 23. q. 3 c. 1. Sicut tamen dicit Raynuc. & Goſredus licet Eccleſia videatur dare generalem authoritatem Omnibus expoliandi eos: tamen ſatis videtur tutum, quod non fiat niſi ſpeciali edicto, vel principis vel eccleſiae: ne aliter videatur quis potius ex cupiditate vel ultione, quam ex juſtitia & obedientia pugnare, Sylveſt. ibid. n. 13. Infidelitas haereticorum eſt peſſima, utrum infideles qui non recognoſcunt dominium Eccleſiae licite poſſint ſuis rebus ſpoliari? Reſp. Hoſtienſis, quod ſic per illud Mat. ult. data eſt mihi omnis poteſtas, &c. quam quidem tranſtulit in vicarium ſuum, Angel. Sum. v. infidel. n 3. & n. 7.all that will, have Authority to ſpoyl us of what we have. What he adds, is matter of caution for more plauſible proceedings in the ſpoil and robbery. It ſeems ſafe that this be not done but by ſpecial edict of the Prince, or of the Church; this is convenient, leaſt otherwiſe one might ſeem to do it, rather out of Covetouſneſs or Revenge, than out of Juſtice and Obedience.
By this we may underſtand in what condition Proteſtants are, by the Laws of the Romiſh Chuich, and how Papiſts are obliged to look upon us, and demean themſelves towards us. No Proteſtant from the (*)A Conſtitution of Pope Paul 4. ſubſcribed by all the Cardinals, declares that all Prelats and Princes, even Kings and Emperors fallen into Haereſy, ſhould be, and ſhould be underſtood to be deprived of all their Benifices, States, Kingdoms and Empires, without farther declaration, and uncapable to be reſtored to them, even by the Apoſtolick Sea…; and their Goods, States, Kingdoms, and Empires ſhall be underſtood to be common, and to belong to thoſe Catholicks who can get them, Hiſt. of Counc. of Tr. lib. 5. p. 409.Prince to the meaneſt Subject, has any Title to Lands, Houſes, Money, or any thing elſe which they poſſeſs; or can juſtly call it their own. All rules of Righteouſneſs, which concern property, are voyd: Papiſts owe them no obſervance. In reference to us, we are not capable of Injury upon this account; whatever they do againſt us, in reſpect of our Eſtates, they wrong us not, they ſin not, for we have no Title. If they take from us any thing, or all we have, they ſteal not ought from us, they rob us not, becauſe they take nothing from us that is our own. If they burn our Houſes over our heads, and fire Towns and Citys (as they have done, and their famous (a)Inſtitut. Cathol. Tit. 45. Sect. 13.Simanca ſays they may do) they do us no injury, they ſin not on this account, becauſe the Houſes and Goods conſumed, are none of ours. If they deprive a Proteſtant Prince of his Throne and Dominions, they ſin not; he is by their Law and doctrine but an Ʋſurper, and had no juſt (b)Tenens regnum contra formam juris & mentem papae dicitur tyrannus, Maſcon. de imper. Reg. pars. 1. c. 2. Propter haereſin rex non ſolum regno privatur, ſed & filij ejus a ſucceſſione regni pelluntur. Simanc. ibid. tit. 9. Sect. 259. Poſt latam ſententiam declarativam de crimine haereſis, injuſte princeps poſſidet regnum, & principatum, & excercet juriſdictionem in ſubditos: tenenturque ſubditi eximere ſe ab ejus obedientia, & bellum gerere contra illum, ſi vir…s illis ſuppe…ant, Bannes in 22. q. 10 p. 614. Yea, Bannes ſays, it is the more common opinion with Aquinus and his followers, that before the ſentence declaratory, Subjects may lawfully, if they have ſtrength, exempt themſelves from the power of the Prince. p. 590.title to his Crown. If they draw any of his Subjects into war againſt him, at home or abroad, they do him no wrong; for they are (c)Vaſſalli haereticorum ipſo facto liberantur, Angel. Sum. v. haeret. Sylveſt. ibid. n. 14. principibus apoſtantibus a fide non eſt obediendum, Aquinas 2. 2. q. 10. Concil. Lateran. cap. 3.not his Subjects, no more than the Popiſh Clergy, who are ſworn to another Soveraign. Or if he intruſt them with the commands of Forts (d)Abſoluti ſunt ſubditi a debito fidelitatis etiam cuſtodes arcium Simanca, ibid. tit. 46. Sect. 73. Concil. Lateran. ibid.or Gariſons, they may betray them to the Romaniſts, and not wrong him, becauſe they were not his. If they take all (e)Angelus. Sum. v. haeret. n. 8. Sylveſt. ibid. n. 14. Concil. Lateran. infra.places of truſt, or profit, from Nobles or Commons, they do them no wrong, becauſe they had no right to them, nor have their Children after them any, for ſome generations. If they pay no (f)Si quis promiſiſſet eis ſolvere certo die ſub juramento, vel paena, non tenetur ut ibi notat gloſs. Sylv. ibid. Angel. ibid. n. 15. Armilla. v. haeret. n. 11. Ovandus. infra.Debts to Proteſtants though they were not only under the obligation of a promiſe, but of ſolemn Oath, they may juſtifie it, they owe them nothing. If Truſt be repoſed in them, or any thing be (g)Simanca. ibid. tit. 45. Sect. 27.depoſited in their hands, or they borrow any thing of us, they may detain it; they need not reſtore it, for they have nothing of ours. In a word, there can be no Parliaments, or Convention of the three Eſtates of a Nation, becauſe there are none in that capacity. As there are no perſons of Honour for Peers, all being (b)Ipſo jure ſunt infames, ut neque ad publica offi…ia ſen conſilia ſeu ad eligendos ad hujuſmodi aliquos; neque ad teſtimonium admittuntur. Sunt inteſtabiles etiam, nec ad ſucceſſiones admittuntur, Angel▪ Sum. n. 21. ibid. For this there is a decree of one of their general Councils (that of Lateran under Innocent. 3) involving not only Hereticks themſelves, but expreſly all the receivers, defenders, and favourers of ſuch. Ex tunc ipſo jure ſit factu… infamis, nec ad publica officia ſeu conſilia, nec ad eligendos aliquos ad hujuſmodi, nec ad teſtimonium admittitur, ſit etiam inteſtabilis, &c. cap. 3. in Crab. Tom. 2. p. 948.infamous, ſo can there be no Free-holders to chooſe, or to be choſen for Commons, ſince there are no Proprietors. And as no Laws can be made, can be valid, there being none who have any power to make them: ſo there can be no Aids or Subſidies granted, or required, ſince they cannot be given or required of thoſe who have nothing of their own to give.
Thus by the Popiſh principles, the foundations of the civil conſtitution in England, and other Countrys in like circumſtances, are quite blown up, as if they had been at the mercy of Faux. And thoſe who will follow their conduct, muſt hold, that we have no Government, no King, no Subjects, no Parliaments, no Laws, no Libertys, no Property; and indeed, none of the reſt, becauſe not this laſt. And all that will be true to the Doctrine and Laws of Popery, muſt believe this, and may lawfully deal with us accordingly; they ſin not if they do, there is no Conſcience in the caſe to hinder them, or ſecure us; nay, they are bound to do it, if that which they account moſt ſacred, can oblige them, and that as ſoon as they can. That which reſtrains them, is not the fear of God, but of the penalties of our Laws, which yet are of no more force by their determination, than the agreement of a company of Robbers, or the conſtitutions of mere Uſurpers, which will ſtand in their way no longer than till they can maſter the power which bears them up; againſt that which the Roman Decrees and Edicts have made equity and juſtice, in deſpite of the Laws of God and Nations.
Sect. 10. Moreover, they may bear (i)Soto. de. juſt. & jur. l. 5 q. 7. art. 4. ſupra.falſe witneſs, either privately, or in open Court, for their advantage; and if it do not much wrong another, it is but a ſmall fault; ſo that if it do no wrong at all, it will be leſs than a ſmall fault. On this account they may bear falſe witneſs againſt a Proteſtant, or any other, whom they count Hereticks, even when Eſtate or Life is concerned; for by their Laws and Doctrine his life is forfeited, and his goods confiſcated, and ſo though by falſe teſtimony he loſe both, yet he has no wrong, becauſe he had no right to either. They may uſe fraud and deceit in bargains, to get what a Proteſtant ſells, for little or nothing, yea, or to cheat him of all he has; for the deceit is not conſiderable in point of Conſcience, but for the wrong it does; and here is no wrong in the caſe, for he cheats the Heretick of nothing that was his own, and ſo do's him no injury. They may uſe perfidiouſneſs in breaking Compacts, Agreements, or Promiſes; for Perfidiouſneſs, when it is (k)Cajetan. Sum. v. perfidia.officious, and does but a little injury to thoſe concern'd, is one of the leaſt ſorts of faults by their doctrine; therefore, when it does no injury at all, it is leſs than the leaſt: but by breaking promiſes, or any ſuch Bond of faithfulneſs, which concerns the Eſtate of a Heretick, they do him no injury, becauſe he has no Eſtate of his own, by their account. So that if a Papiſt ſhould make a thouſand promiſes, and confirm each of them with an Oath to a Heretick, that he will pay what he owes him, or reſtore to him what is his own, he ſins not, though he never pay, nor reſtore a farthing of it; becauſe nothing is due to a Heretick, nor is there any thing he can call his own. And this is not my inference only, but they themſelves declare it to be the conſequence of their principles; and what they (l)Si aliquis promiſiſſet eis haereticis ſolvere ſub paena vel juramento certo die, non tenetur ut Gloſſ. Et hoc intellige, ſi eſt manifeſtum ipſum in haeriticam incidiſſe perfidiam, & dicit Phil. ide… etiamſi eſt occultus; dummodo probari poſſit—Panormitan. ibid. vult, quod a die commiſſi criminis ſunt liberi, Angel. Sum. v. haeret. n. 15. Armilla. v. haereſ. n. 1. Sylveſt. v. haeret. n. 14. He that fails, being bound by Oath or otherwiſe, to make payment, ſins not, becauſe the Creditors Hereſy hath diſcharged him. So Ovandus in 4. diſt. 13. prop 30.deliver in expreſs terms, amounts to as much as this charge comes to.
Sect. 11. Thus they leave little that can be ſin in Papiſts, one towards another, but leſs towards Proteſtants. 'Tis no ſin not to keep Peace or Faith; not to obſerve either Truth or Honeſty towards Hereticks. 'Tis no deceit to equivocate with them in private dealing, or publick tranſactions; 'tis no Diſhoneſty to cheat them of what they have; 'tis no Perjury to break Oaths with them; 'tis no Theft to rob or ſpoil them; 'tis no Inhumanity to burn their Houſes over their Heads; 'tis no Murder to kill them; in a word, 'tis no ſin for all Relations to deny them, what God hath made their reſpective dutys.
Sect. 12. Finally, natural Corruption, after Baptiſm, has nothing in it that can be charged with ſin, no, not in wicked men, who afterwards by mortal ſin, are quite deſtitute of grace. So that by their doctrine, a fixed averſeneſs and contrariety to God and holineſs, an habitual enmity againſt him, (*)Qui ita eſt habitualiter diſpoſitus, ut adveniente occaſione, committeret peccatum mortale, non peccat mortaliter—non ſufficit habitualis aff…ctus ad p…ccan…u…—ut peccatum reipſa cont…ahatur, Bonacin. de peccat. d… 2. q. 3. p. 5. n. 3. i…i. alij commun…ter.a propenſneſs to all ungodlineſs and unrighteouſneſs, is no ſin; an inward temper and diſpoſition, though it be moſt Impious, Atheiſtical, Rebellious, Filthy, Treacherous, and Bloody, has no ſin in it; an inclination to deny God, to ſpeak all evil of him, to depoſe him, to advance Luſts and the Devil before him; an inclination to Adulteries and beaſtly uncleanneſs, to murder and barbarous cruelty, to the moſt prodigious wickedneſs againſt God or man, is no ſin. Yea, though it be not tranſient, but conſtant and habitual, though it be ſtrong and impetuous; though this corruption be reigning not ſubdued or mortified; though it be active and fruitful in all the powers of the ſoul; though it hurry the lower faculties into rebellious commotions, and follow the ſuperiour with frequent and ſtrong impulſes, and exert its power and malignancy both in thoughts and affections; yet if the inward motions have not conſent, there is no more ſin in their acts, than in their principles.
In all theſe evils Papiſts may live and dye, and in many more, which I purpoſely wave, leaſt, I be too tedious; and many more too, than I have taken notice of, even in plain violations of every part of the Divine Law, the rule of Righteouſneſs and Holineſs; and yet wipe their mouths, and ſay they have no ſin at all, but are as holy as their Church requires them, and as ſure of ſalvation as their doctrine, and the power of deluſion can make them. Though any Proteſtant, who allows himſelf but in a very ſmall part of theſe enormities; we will give them leave (or they may take it from Scripture) to count him an ungodly and unrighteous wretch, who can have no good Conſcience towards God or man, nor any hopes of Heaven (continuing ſo) but ſuch as will delude him.