The Sovereign Power of Parliaments and Kingdoms, Sentence – Oath
The sentence of Degradation and Deprivation of the Emperour Wenceslaus King of Romans, pronounced by the Electors of the Empire in the yeare of our Lord. 1400.
IN the name of God Amen:… Chronico Iacobi Congshumi, & Germaniae Historicorum. Tom. 2. p. 180. …81, 182. We John by the grace of God, Archbishop of the Church of Mentz, Arch-chancellor of the sacred Roman Empire throughout Germany, make knowne to all men present and to come. What various, manifold, and grievous, as well incommodities as discords, have for many yeares since beene brought into the holy Church continuing even to this present, and daily sprouting up more abundantly to the most grievous convulsion, imminution, and dissipation of the sacred Roman Empire, (which ought to be a Garrison to the Church of God and the Christian world) as they cannot be all written, so the mischiefes daily increasing do manifestly enough teach and confirme. And for this cause the Lords Electors of the sacred Roman Empire, the ardent petitions of the holy Church, Princes, Nobles, Cities, Provinces, and Subjects of the sacred Empire, intreating, desiring a prudent Moderator, have long agone very often and seriously, together with us admonished the most illustrious Prince Lord Wenceslaus King of Bohemia, both by their owne and their friends labour, and finally by letters; and have diligently set before his eyes, privately and publikely, his unbeseeming and detestable manners and actions in governing, as also the defects, incommodities and discords of the said Church and Christian world, likewise the most grievous avulsions and diminutions of the members of the sacred Empire, hurtfully done, and permitted to be done, against the dignity of his name: to wit, that he hath not promoted peace in the Church, although the great necessity of the Christian world, as likewise his office of Advocate and Defendor of the Church, earnestly required it, and he hath also beene frequently desired, required, and admonished to doe it: he notwithstanding perniciously mutilated the Empire, and permitted it to be maimed in some members. In the number whereof are Millain, and the Province of Lombardy, which were of the right of the same Roman Empire, most ample emoluments returning thence to the Empire: in which Dominion the Millainer, like a Minister, enjoyed it as a part of the Roman Empire; when as He, contrary to that which became his sublimity and dignity, receiving money, created a Duke of Millain, and an Earle of Papia. Moreover, he hath alienated divers Cities and Lands belonging to the Empire, as well in Germany as in Italy, some whereof had returned to the same, having little consideration, that he ought to retaine them with the sacred Empire.
Moreover, he hath sold for money to his friends, very many naked and unwritten Parchments, ratified notwithstanding with the Seale of his Majesty; wherein it was lawfull both for them and others into whose hands these Parchments came, to write what things they pleased under the royall Seale. Out of which thing, for the hurtfull diminution and dissipation of the rights and emoluments of the sacred Roman Empire, great complaints are risen up. Moreover he never had any care of the controversies and warres, which (alas for griefe!) have …iserably afflicted and ruined Germany, and other lands of the sacred Empire. Hence spoylings, burnings, and robberies have sprung up, with such lamentable encreases even at this day, that none, neither Clarks nor Laicks, neither husbandmen nor Merchants, neither men nor women, whether by land or sea, may converse in safety. Temples, Monasteries, and religious houses, which the sacred Empire ought with its hand to assist and defend, are exposed to rapines, and burnings, and reduced to destruction. Things are gone to this passe, that every one might have handled, and may even now handle another at his pleasure, against the reason of right and equity, without any feare of the sacred, and long despised Imperiall authority, so as even the place of conventing any one, where the defence and patronage of right may be undertaken in the name of the Empire, is altogether unknowne. Finally, which is horrible and dreadfull to be spoken, both with his owne hand, and the hand of other wicked instruments he hath with him, he hath put to death, drowned in the waters, burned in the fire, miserably and cruelly destroyed, the reverend Bishops of holy things, Priests, and spirituall Pastors, likewise many other men of honest note, against the rule of right, otherwise then became the King of Romans. Which mentioned things verily, and many other grievous wickednesses and dammages are so divulged and openly knowne, that they can be no wayes excused or concealed. Therefore we, as we have fore-written, have frequently very earnestly beseeched, admonished, and required him, that renouncing this unbeseeming kind of life, he would take the study and labour to himselfe, whereby he might recover to the holy Church, oft-times imploring his aide, as King of Romans, and her Advocate, peace and tranquillity, and to the sacred Empire, its prestine honours, Dominions, and finally its emoluments; to the assistance and consolation of the Christian world, grievously debilitated and oppressed in this regard.
Now albeit we have most clearely explicated to the foresaid Lord Wenceslaus, and exhibited to him in writing, these and other more grievous defects, concerning him as King of Romans, and the Empire; yet having heard his answers, and having reiterated our serious exhortations, moreover having communicated the businesse to the sacred Roman Sea, we have never as yet found him, to have amended his manners as became a King of Romans; namely to recover peace to the Church, principally n…cessary to the Christian world; also to the sacred Empire, its dignities, lands, and Dominions: a thing which is most notoriously knowne throughout all the Provinces of the Empire.
Therefore because we could no longer neither conceale, nor endure the remembred and many other defects, touching the sacred Church and Empire, with grievous losse and mourning; by reason of the instant petitions of the persons aforesaid, but especially by reason of the Oath wherewith we are obliged to the same, as the next superiour members of the sacred Empire; therefore as of bounden duty, we were to advise and endeavour how the sacred Empire might be more rightly and wholesomly provided for, (by whose madde and negligent administration those inconveniences have crept in) to the safegard and consolation of the Christian world. And verily as He in obeying us, had performed an acceptable thing, so we have sufficiently and seriously called and cited him, so as wee have signified to him; that unlesse he should be present at the place and day appointed, it would come to passe, that both in respect of the petitions exhibited to us, as likewise in respect of our Oath, we should be compelled to take and enter into such counsels, whereby the sacred Empire might be better setled: most clearely attesting it in our letters. For this purpose we appeared at the place and time prescribed, together with our Coelectors sufficiently summoned, also with the other Princes and of the sacred Empire, expecting from day to day, whether the foresaid Lord Wenceslaus would appeare, to apply a remedy to the foresaid diseases, and from thenceforth more rightly to consult about the affaires of the sacred Empire. But he neither vouchsafed to appeare, nor yet to send any one to us in the name of a Proctor. Wherefore when as by reason of so many pregnant and pernicious defects, we had admonished and reproved him very often in private and in friendly manner, but after that, when we could doe no good, before the Princes and Nobles, and Cities of the Empire, in divers Assemblies, not without great and grievous expences, yet without any fruit; therefore we referred all the fore-mentioned things to the sacred Roman Sea. But when as neither then, he no whit regarded all those things, we could conjecture nothing else from thence, but that he had laid downe the care both of the Church and Christian world, but especially of the sacred Empire. Therefore resolving, that this mischiefe, destructive to the whole Christian Republike, was by no meanes to be any longer borne and tolerated, with a minde well confirmed, after many and various debates and consultations, both betweene our selves, as also with other Princes and Nobles of the sacred Empire, seriously had, for the safety of the Church, the consolation of the Christian world, the honour and profit of the sacred Empire, we have thought meet, that the foresaid Lord Wenceslaus, should at this time be wholly removed from the Roman sacred Empire and all its dignity, as one that is negligent and a destroyer of the Empire, and unworthy of it.
Therefore we John, Archbish. in the name of the foresaid Lords Coelectors of the sacred Empire, and our owne, moved both with the commemorated, as also with many other notable defects and causes, by this our sentence, which we give and pronounce by this our present writing, DEPRIVE and REMOVE the foresaid Lord Wenceslaus, as an unprofitable, negligent waster, and unworthy Defender of the sacred Empire, from the foresaid Roman Empire, and from all his degree, dignity, and Dominions appertaining to the same: denouncing to all the Princes, Nobles, Knights, Gentlemen, Cities, Provinces and Subjects of the sacred Roman Empire, that they are altogether free from all homage and Oath made to the person of Wenceslaus in the name of the Empire: requiring and admonishing them under the faith of the Oath, wherewith they are obliged to the sacred Empire, that they doe not henceforth, obey, and submit to the said Lord Wenceslaus, as the King of Romans, nor exhibit or suffer to be exhibited to him any right, obedience, tribute, rent, or any other revenue, by what name soever it may be called; but reserve the said duties, for a profitable and idon…ous King of Romans, hereafter to be substituted by Gods gracious assistance.
In assurance and testimony of all which things, We John Archbishop of Mentz, have caused this present Instrument to be made by the subscribed Notaries, in this patent forme, and our great Seale to be affixed thereunto. This premised sentence was read and pronounced by us John Archbishop of Mentz, in our name, and the names of the Lords, Coelectors before remembred, under the Castle Lonstein at the Rhene, in the Diocesse of Triers, reaching towards Brubachium, out of a publike Throne, erected for the use of a Tribunall, the Lords Coelectors sitting there in judgement, in the yeare of our Lords Incarnation, 1400. the eight indiction, on Saturday the twentieth day of the month of August, a little before the time of the Nones; in the eleventh yeare of the Papacy of our most holy Father and Lord in Christ, Lord Boniface the ninth, Pope, by divine providence; in the presence of the most illustrious Princes and Lords, John, sonne of the most illustrious Prince and Lord Rupert, Duke of Bavaria and Count Palatine of Rheine, Fredericke Burgrave of Norimberge, the Noble Philip Lord of Nassau, and Sarbrucke, Emichon of Luringen, John of Zigenhaim, Cunrade Burgrave, our Canon of Mentz, Earles: Bernhard of Westerburg, John of Limpurge, Rinehard of Honowe, Barons: Mr. Nicholas Berwin of the sacred Page, John of Witenburg, and Nicholas Burgman, of the Decrees; Mr. Herman President of Saint Gerion of Colen, Doctors of the Law: likewise the valiant Knight Sigfride of Lindow, our Vice-Commander in Ringaugia; John Bossen of Waldeck, our Buggrave Beckelnheim; and our trusty Henry Rulman, of Dadenberg, Gerard of Emerberg, Lord in Lantscron, Fredericke of Sachenheim, Culman of Con…ren, John of Dalburg, Rudolfe of Zei…ikon, as also many other Lords, Knights, and Gentlemen, spirituall and secular, standing by in great number, called and requested to the things above written.
And I Nicholas Berchtoldi Fridberg, Clerke, publike Notary of the Diocesse of Mentz, by Episcopall and Emperiall authority, and sworne Scribe of my foresaid most gracious Lord, Lord John Archbishop of Mentz, because at that time I was personally present when this sentence which we have fore-writ, was given and pronounced, together with the publike Notaries and witnesses commemorated, and saw and heard all these things to be done; therefore at the command and request of my foresaid most gracious Lord of Mentz; have reduced this publike instrument faithfully put in writing, into publike forme, and have subsigned and ratified it with my accustomed signe of Notariship, having likewise annexed the great Seale of my foresaid Lord of Mentz, in assurance and testimony of all the premises.
The names of the Notaries are,
Nicholaus Berchtoldi Fridburgensis.
Ioannes Meier junior Gasterveidensis.
Conradus a Leiborn, Clerious, Padebornensis diaecesis.
Henricus S…alberg Rotenbergensis.
Tilmannus a Honberg.
Conradus Coler Zus…ensis, Coloniensis diaecesis.
Finally, it is evident; Observ. 10.that the Nobles, Magistrates, Parliament, and representative body of the people, or some part of them in default of the rest, may lawfully take up defensive armes to resist their Princes, endeavouring to abrogate the Law of God, to waste the Church, and exti…pate the true Religion setled among them by the Lawes, and usher in Idolatry. And, that in such a case as this, neighbour Princes and States lawfully may, yea and ought in point of conscience, to aide the Subjects of other Princes, afflicted for the cause of pure Religion professed by them, or oppressed by open Tyranny.
These propositions are largely and professedly debated by Iunius Brutus in his Vindiciae contra Tyrannos: quaest. 1. 2. &. 4. throughout, in the Treatise intituled De Iure Magistratus in Subditos, spent wholly in this Theame. Georgius Obrectus: Disput. Iurid. de Principiis Belli. Num. 125. to 199. by Vasquius. Contr. Illustr. 36. n. 30. and elsewhere, by Alhericus Gentilis, and sundry others forecited: I shall onelyonly fortifie the later part thereof, with the observation of the *Interest of Princes. p. 58. & 4. See Grimstons Hist. of the Netherlands l. 12. p. 766. 767 &c. 782. Speed p. 1192: to 1197. 1238. 1237.Duke of Rhoan, who acquaints us; that it is, and hath beene of later yeares the very true interest, honour, and greatnesse of the Kings and Queenes of England, both in point of policy and Religion, to protect and assist with armes all Princes of the Reformed Protestant Religion, in France, Germany, and other parts; as it is the true interest of the Kings of Spaine, to protect and releeve all oppressed or grieved Roman Catholicks under the Dominion of other Princes: and that their honour, safety, and greatnesse principally consists in the observation and maintenance of this their interest: and with the words of Iunius Brutus; who thus states and debates the Question.
An Iure possint,Vindiciae contr. Tyrannos. qu. 4. p. 207. &c. aut debeant Vicini Principes auxilium ferre aliorum principum subditis, religionts causa afflictis, aut manifesta ty…annide oppressis?
In defining this question (saith he) there is more need of conscience, then science, which would be altogether idle, if charity obtained its place in this world. But because as the manners of the times are now, there is nothing more deare or rare among men, then charity it selfe, we thinke meete briefely to discusse it. The Tyrants as well of soules as bodies; as well of the Church as Common-wealth or Realme, may be restrained, expelled, and punished by the people. Both these we have already proved by reasons. But, because such is the fraud of Tyrants, or such the simplicity of subjects for the most part; that they are scarce known before that they have spoyled; or these scarce thinke of their safety, till they have almost perished, and are reduced into those straits, out of which they cannot get out with their owne forces, so as they are compelled to implore the aide of other; it is questioned, Whether they defending the cause of Religion or of the Common-wealth, of the Kingdome of Christ, or of their owne Kingdome, other Christian Princes may lawfully assist them? And truly many, whiles they have hoped to increase their wealth by ayding the afflicted, have presently judged it to be lawfull. For thus the Romans, Alexander the great, and many others, under pretext of suppressing Tyrants, have frequently enlarged their Dominions: and not long since we have seene Henry the second, King of France, to have made warre with the Emperour Charles the fifth: and that under pretext of succouring and defending the Princes of the Empire, and of the Protestants too; as also Henry the eighth, King of England, was ready to aide the Protestants in Germany, to make worke for Charles the fifth: But if any danger may be feared from thence, or little gaine may be expected, then verily they must heare most Princes disputing, whether it be lawfull or no? And as those under a pretext of piety, did cover either ambition or gaine; so these pretend justice for their sloathfulnesse; when as verily neither did piety exhort them, which seekes onelyonly the good of others, nor yet justice ought to dehort these, which looks wholly abroad, and is as it were, cast out of its owne doores. Therefore, discharging both these, let us see first in the cause of Religion, what true piety, and what true justice may perswade. First, let it be agreed, that there is but one Church, whose head is Christ, and whose members so cohere and agree among themselves, that none of them; even the smallest can suffer violence or hurt, but the rest are hurt and suffer griefe, as the whole Scripture teacheth. Therefore the Church is compared to a body. Now the body is oft-times affected not onelyonly with the hurt of the arme, or legge, but even of the very least finger, or perisheth with its wound. Therefore in vaine may any one boast, that he is cordially affected with the safety of the body, who when he may defend the whole, yet suffers it to be torne and mangled limb after limb. It is compared to a buildings Now, where mines are made against any part of the building, the whole building oft-times fals downe to the ground; and the flame which invades any part thereof en…gers gers the whole. Therefore he should be ridiculous, who because he … in the calla… perchance, should delay to drive the flame from the top of the house. He should be scarce in his wits, who would not prevent mines with countermines, because they are made against this wall, not against that. It is also compared to a Ship: Now the whole Ship is endangered together, the whole perisheth together: Therefore those are equally safe who are in the fore part, as those who are in the puppe; those who are in keel, as safe as those in the shro…ds, if the storme rage: whence verily even in the common proverb, those who are conversant in the same danger, are said to be in the same Ship: These things laid downe, verily he who is not moved with its griefe, burning, to ssing, is not of that body, is not accounted of the family of Christ, hath no place in the Arke. Yet he who is but a little moved, ought no more to doubt, whether he ought to aide the afflicted members of the Church, then whether he may helpe himselfe, since in the Church all are one; but rather every one is bound in his place to afford his helpe and assistance to them; and so much the more helpe, by how much the more riches he hath received from God, not so much to be possessed, as expended.
This Church as it is but one, so likewise it is universally and intirely committed, commended to all Christian Princes severally: For because it had beene dangerous to commit the whole Church to any one; and to commit the severall parts thereof to particular persons, had beene clearely contrary to its unity; God hath committed all of it to every of them, and its particular parts to any of them: Nor yet so, as that they should onelyonly defend it; but also, that they should have a care to propagate it, as much as they are able. Therefore if the Prince of the Countrey, takes care of one part thereof, perchance the German or Engl…sh; but yet deserts and neglects the other oppressed part, if he be able to relieve it; he is judged to have deserted the Church, since the spouse of Christ verily is but one, which he ought to defend and protect with all his might, lest it should be violated or corrupted any where. The instauration of this universall Church as private men are bound to promote with bended knees, so Magistrates, I say, are obliged to doe it with their feet, hands, and all their strength. Neither is the Ephesian Church one, the Colossian auother, and the rest; but all these particular Churches are parts of the universall; now the universall is the Kingdome of Christ, which all private men ought to desire; but Kings, Princes, Magistrates, are bound to amplifie, dilate, defend, and propagate every where, and against all whomsoever. Therefore among the Jewes there was one onelyonly Temple built by Solomon, which represented the unity of the Church. Now he should be a ridiculous Churchwarden, and to be punished, who should take care onelyonly to preserve one part safe and sound, but suffer the rest to fall to decay; likewise all Christian Kings when they are inaugurated, receive a sword, of purpose to defend the Catholike or universall Church; which taking into their hand, they point out all the quarters of the world, and brandish it towards the East, West, South and North, lest any part thereof should be thought excepted. Since then they receive the protection of the Church in this manner, without doubt they understand the true, not false Church. Therefore they ought to doe their endeavour to defend,2 Chron. c. 31. and to restore intirely, that Church, which they professe to be true and pure. Now that thus it was observed by pious Princes, examples may teach us. In the time of Hezekiah King of Iudah, the Kingdome of Israel was long before enthralled to the King of Assyria, to wit, from the time of King Hoshea: therefore if that Church of God onelyonly which is in the Kingdome of Iudah, and not also the universall, had beene committed to Hezekiah; and if the bounds of the Realmes had been to be kept in defending the Church, in the same manner as they are in imposing tribute; without doubt Hezekiah, especially at that season wherein the Assyrians enjoyed the Empire of the world, would have contained himselfe: But we see that he invited by posts all Israel, the subjects, I say, of the King of Assyria, to celebrate the passeover in Ierusalem; and moreover that the godly in Israel helped them in pulling downe the high places, even in the territories of Ephraim, Manasses, and the rest. So likewise we read that King Iosiah, a most godly Prince, purged not onelyonly his owne Kingdome, but the Realme of Israel likewise, then wholly subject to the King of Assyria, from the worship of Idols.2 King 2▪ 2. 2. Chron. 3. 4. 6▪ 7. & 35. Verily where the glory of God, where the Kingdome of Christ are in question, no limits, no bounds, no railes ought to exclude or keepe off the zeale of pious Princes. But if peradventure some greater feare hangs over their heads, they may remember by the example of these, that those who truly feare the Lord, can feare no man. These examples of pious Princes, since the time that the Church, which was first circumscribed in Palestina, hath beene spread over all the world, many Christian Princes have followed: Constantine and Licinius were both Emperours, he of the East, this of the West: they were likewise colleagues endued with equall power: Now it is known, what is commonly spoken; That one equall hath no Empire over another equall: Yet notwithstanding Constantine made warre with Licinius: who being vexed, slew the Christians, and among them many of the Nobles, either for the cause, or for the pretext of Religion; by force obtaines free profession of Religion for the Christians; and finally breaking his faith, and reverting to his pristine cruelty, he commanded him to be put to death at Thessalonica. This I say did Constantine the great, whose piety is so much celebrated by the Divines of that age, that some of them will have that spoken of him, written in the Prophet Esay; That Kings should become nursing fathers and Pastors of the Church. He being dead, the Roman Empire was divided between both his sonnes by equall right, no prerogative being annexed to either of them. Of them, Constans fostered the Orthodox, Constantius the elder, the Arrians; and he verily expelled Athanasius the enemy of the Arrians, out of Alexandria. Truly, if any rules of bounds ought to have beene kept, it ought to have beene betweene brethren: Yet in the meane time Constans threatned his brother, if he restored not Athanasius; being ready to doe it by force, unlesse Constantius had speedily restored him intirely; Now if so be he doubted not to doe this, onelyonly for the restoring of one Bishop, might he not much more justly doe it, where some part of the people is oppressed, when they implore assistance, when they desire to defend their Religion by the Nobles approbation? So likewise Theodosius, by the perswasion of Bishop Atticus undertook a warre against Chosroes King of Persia, Sozom. l. 7. e. 18that he might releeve the Christians persecuted for Religion sake, although they were truly privat men, which surely those most just Princes, who enacted so many Lawes, and who had so great a care of Law, had never done, if they had imagined, that by this their Act others territories and the Lawes of Nations had beene violated. Yea, to what end were so many expeditions of Christian Princes into Syria against the Saracens; to what end were those Saladinian Dismes so oft imposed; to what end so many sociall warres against the Turkes, so many Crossadoes indicted against them, if it be not lawfull for any Christian Princes, even the most remote, to free the Church from Tyranny, and Christian captives from the yoke of bondage? Now with what arguments were they impelled to the warre, with what reasons were they urged? unlesse these, that the Church was one? that Christ called all whatsoever from all quarters to this service? that common dangers were to be repulsed with common armes? all which likewise doe plainely suite with this our cause. Now and if this were lawfull for them against Mahomet; yea, not onelyonly lawfull, but likewise as a reward was appointed to the industrious, so a punishment both to the sloathfull, and delayers; why not also against the enemy of Christ? If I say, against the Graecians be…ieging our Troy; why not also against Sinon the incendiary? Finally, if it be a pious act to free Christians from bodily servitude, (for the Turkes compell no man to it) is it not much more so, to manumit the soules of miserable men, and to restore them to liberty? And verily these so many examples of pious Princes may be insteed of a Law. But now heare what God himselfe by the mouth of his Prophets doth every where threaten against those, who promote not the instauration of the Church, or neglect its affliction. The Gadites, Reubenites, and halfe Tribe of Manasses, desire of Moses that their portion might be given to them and their families on this side Iordan: Numb. 32. Josh. 4. 7 12. Deut. 3. 20.and Moses truly gave it them; but with this Law and condition; that they should not onelyonly helpe their brethren, the other Israelites, in conquering the Land of Canaan, but, because they had first obtained their portion, that they should goe before them, and be placed in the forefront of them: Which if they should not doe, he accurseth them, smites them with anathema, and compares them to those who had beene judged Rebels at Cadesbernea: For what? saith he, shall your brethren goe to warre, and you in the meane time sit still here? But rather you shall passe over Iordan, neither shall you returne againe hither to your houses before that God hath expelled his enemies from before his face, and given rest to your brethren, as he hath given unto you: Then verily you shall be innocent before the Lord of Israel; verily those on whom the great and good God hath bestowed so great a benefit, unlesse they assisted their Brethren, unlesse they were companions of their labours, unlesse they went before them, should without doubt receive most grievous punishments.
Likewise, when under the conduct of Deborah, those of Nephthali and Zebulon had taken up armes against the Tyrant Iabin, Judg. 5.and in the meane time the Tribe of Reuben, which ought to be first in Armes, delighted themselves with the Pipes among the Pastures of the flockes, Dan boasted of the Empire of the Sea, Asher finally trusted in the asperity of Mountaines, all of them are most expresly condemned by the Spirit of God, speaking by the Prophetesse; Curse ye Meroz, saith the Angel of the Lord, curse ye bitterly the Inhabitants thereof, because they came not to the helpe of the Lord against the mighty.2 Sam. 11. 11. But blessed above women shall Iael the Wife of Heber the Kenite be, who (although she might have pleaded a truce with the heathens) yet notwithstanding shee slew Sisera, the Captaine of the enemies Hoast. Therefore piously spake Vriah, The Arke, and Israel, and Iudah abide in tents, and oft times passe the night without sleepe in the open fields; shall I then feast with my Wife, eate, drinke, and follow my pleasures? As the Lord liveth, I will never doe this.Amos 8. Contrarily the Princes of Israel did impiously, who trusting in the difficulty of the mountaines of Samaria, and in the munition of Sion, flowed with luxury, feasted, dranke, slept on beds of Ivory, anoynted their heads; but in the meane time wonderfully despised contrite, cruciated, afflicted Ioseph, neither were any way moved with his affliction. Therefore saith the Lord of Hoasts, I abhorre the excellency of Iacob, and hate his palaces; I have sworne by my soule that I will deliver up the City; and all that is therein, yea, these who so greatly rioted shall soone goe with the first into captivity. Impiously also did the Ephramites, who did not onelyonly not gratulate Gideon and Iephtha, Judg. 8. & 12.attaining the victory and triumphing, but likewise envyed them, though yet they deserted them when they were in danger. Likewise the Israelites, who when David reigned, cryed out; saying:2 Sam. 5. Behold we are thy flesh and thy bones; when he was reduced into straites, said: We have no part in David, nor in the Sonne of Iesse. Impiously doe all those Christians onelyonly in name, who will communicate in the sacred feasts of the Church, and yet will not so much as taste the cup of bitternesse with their Brethren, who seeke salvation in the Church, and yet take no care for the salvation and safety of the Church and of its Members. Finally, they acknowledge one Father, God; one Family, the Church; professe themselves to be one body in Christ; yet neither yeeld any aide to Christ afflicted in his Members, or bestow their wealth on him being poore. What thinke we shall be the future punishment of their impiety?Numb. 31. Moses compares the deserters of their Brethren, to the Rebels at Kadesbarnea: now none of those by Gods owne decree, entred into Canaan. Therefore they can seeke no place for themselves in the co…lestiall Canaan, who assist not Christ most miserably crucified, and dying a thousand times every day, and implores as it were their helpe from doore to doore. Christ himselfe condemnes those to eternall fire, who harboured him not when he was a stranger, who fostered him notwhen he was a cold, who cloathed him not when he was naked, who relieved him not when he was poore, who freed him not when he was captive.Matth. 25. Therefore they ought to know, that eternall fire is prepared for them, who passe him by with a deafe eare daily, suffering such things, although in the meane time they may seeme to worke great miracles; and therefore verily it shall be easier for certaine insidels, than for them; For what doe the Jewes, the Scribes and Pharisees properly cruci…ie Christ? Doe the Ethnickes, Turkes, …inally some Christians, persecute, crucifie, vex Christ in his Members? The Jewes professe and beleeve him an Imposter; the Ethnickes a malefactor; the Turkes an In…idell; others an Heretique. Therefore if they consider the minde of them all, from whom we commonly measure the crime, they all seeme to persecute noxious, impious men deserving punishment, not properly to slay Christ; But they onelyonly doe truely persecute, truely slay him, who willingly suffer him whom they professe their Messiah, Redeemer, God, to be tortured and crucified in his Members, when they might hinder it. In summe; he who delivers him not from death, when he may, is equally guilty with him that slayes him: For because he would not helpe him, he willed he should be slaine; Now in a crime the will it selfe ought to be regarded.August. in Psal. 82. A…br. l. 1. de Offic. Gratian. in Decret. But certainly, the murther, especially of Christian Princes, who helpe not those who are persecuted for Religion, is so much the more grievous, by how much the more they slay, whom they might set free, and by how much it is more wicked to slay a brother, than any other person. A wickednesse more horrid than that of the Tyrants themselves; by how much it is worse to slay a good, just, pious, innocent man, than a Theefe, imposter, …orcerer, Hereticke; more flagitious to assault God, than any man: and finally, by how much perfidiousnesse in an equall fact exceeds ignorance.
But whether shall it be lawfull to determine the same of those, who give no assistance to those who are oppressed with Tyranny, or defend the Republicke against Tyranny? since a reason cannot be given of so s…raite an alliance, of so strict a Covenant; when as, I say, we doe not here discourse of the Church, which is but one of all men; which being one and universall, is committed to every one; But of the Republicke, which may be different from that of others; and being different, is committed severally to others? A Neighbour, saith Christ, is not a Jew to a Jew onelyonly, but to a Samaritan, and to any man. Now we ought to love our Neighbours as our selves. Therefore a Jew, if he would discharge his duty, is bound to deliver from a theefe, if he be able, not a Jew onelyonly, but likewise every stranger, yea likewise one unknowne. Neither will any one dispute, whether it be just to defend himselfe; seeing verily it is more just to defend another than himselfe in this respect, wherein things are more just, which meere charity doth, than those which either anger, or revenge, or other perturbation of the minde doe: and no man holds a meane in revenging his owne injuries; but in other mens, although more grievous, even the most immoderate may hold a meane. But we may learne from the heathens themselves, what humane society,Gicero l. 1 & 3…. Offic. and what the common nature of all men require of us in this thing. For Cicero saith, there is one nature of all men; that even nature it selfe prescribes this, that a man ought to take care of a man, who ever he be, even for this very cause, that he is a man. If otherwise, all humane consociation must necessarily be dissolved. Therefore, as there are two foundations of justice: first, that no hurt be done to any; next, that the profit of all, if it may be done, be advanced: So also there are two kinds of injustice; one of those who offer injury; the other of those who propulse not wrong from those to whom it is offered, if they be able. For he who doth unjustly against any one, incited either by anger, or other perturbation, he seemes as it were to offer violent hands to his companion; but he who doth not defend, or resist an injury if he can, is as much in fault, as if he deserted either his Parents, or Friends, or Country. So that what the one doth, anger is judged to doe, which is reputed a short fury; what the other, an evill minde truely, which is a perpetuall tyranny. And however his fury may be excused, the others destinated counsell can by no meanes be excused. Thou wilt say, I feare that while I repulse an injury from him, I should doe an injury to the other. Yea verily, thou wilt cover thine injustice with a pretext of Justice; Whereas if thou consultest with thy selfe, not justice moves thee to desert thy duty, but rather some other cause. For, as he saith in another place, either thou wilt not undertake enmities, or labour, or cost; or else thou art so hindered with negligence, sloathfulnesse, idlenesse, or with thy studies, or certaine imployments, that thou sufferest those to be deserted, whom thou oughtest to protect. But while thou sayest, thou dost thine owne businesse, lest thou mightest seeme to doe wrong to any, thou runnest into another kinde of injustice. For thou desertest the society of life, because thou bestowest on it nothing of thy study, nothing of thy paines, nothing of thy goods. These things Ethnickes, Philosophers, and Politicians hold, truely more piously than many Christians in this age.Diodor. Sic. l. 2. c. 2. Hence a neighbour is bound by the Lawes of the Romans, to take away a servant from a cruell Master. But among the Aegyptians, he who had casually found a man to be beaten by Theeves, or to suffer any injury, and had not rescued him, if he could, was guilty of death: if not, hee was bound to accuse the Theeves before the Magistrate: Which if he had neglected, he was beaten with a certaine number of stripes, and punished with a three dayes fast. Now if this verily be lawfull in one neighbour towards another, yea, lyeth upon him out of duty to assist every one he meets against a Theefe; shall it not be much more lawfull to a good Prince, not onelyonly to ayde and patronize servants against a raging Master, or children against a furious Father; but a Kingdome against a Tyrant, a Republike against the private lust of one man; a people, a Lord, I say, against a publike servant and agent? Yea, verily, if he shall neglect it, shall not he merit the name and punishments of a Tyrant,Thu…yd. l. 2. as the other of a theefe? Hence Thucydides saith, Not onelyonly those are tyrants who reduce others into servitude, but much rather those who when they may repulse that violence, take no care to doe it: but especially those who will be called the defenders of Greece and the Common Country, but yet helpe not their oppressed Country: and rightly; for a Tyrant is in a sort compelled to retaine violently the Tyranny which he hath violently invaded; because, as Tyberius said, he seemeth to hold a Wolfe by the eares, which he cannot retaine without force, nor yet let goe without danger. Therefore that he may extinguish one crime with another, hee commits many wickednesses, and is compelled to injure others, lest he should be injurious to himselfe. But that Prince who idlely beholds the wickednesses of a tyrant, and the ruine of the blood of innocents which he may hinder, because he doth as it were take pleasure in the gladiatory sport, is by so much more criminous than the Tyrant, as he who sets sword-players to fight, is guiltier than the man-slaying Gladiator; as much as hee who slayes a man for pleasure sake, is more criminous than he who doth it by constraint, or out of feare or necessity.Object. If some oppose; But it is a fault for any to intermeddle with, or thrust himselfe into anothers businesse:Answ. Terentian Chremes may answer; I am a man, I thinke no humane thing strange unto me. If others (that they may seeke lurking holes for their impiety) object; that there are distinct limits, distinct jurisdictions;Pompon de reglur. leg. 36. now it is not lawfull to thrust a sickle into anothers Corne: Neither truely do I advise, that by this pretence thou shouldest invade anothers territories, usurpe anothers jurisdiction to thy selfe, draw thy neighbours corne into thine owne floore, which most doe under this pretext. I doe not say, that by the example of that arbitrator, of whom Cicero, Cic. 2. Offic.thou thy selfe shouldest judge the thing controverted to thy selfe; but rather that thou shouldest restraine a Prince invading the Kingdome of Christ, containe a tyrant within his limits, stretch out an helping hand to an afflicted people, and a prostrated Commonweale; But thou must do it in such sort, that thou mayest not looke after thine owne profit, but the good of humane society altogether. For since Justice wholly lookes abroad, injustice onelyonly regards it selfe, thou shalt at last doe this justly, if thou shalt have no regard of thine owne profits. Briefely, if a Prince violently passeth over the fixed limits of piety and justice, a neighbour may piously and justly leape over his limits, not that he should invade anothers, but that he should bid him be content with his owne: yea, he shall be impious and unjust, if he neglect it. If a Prince exercise tyranny over the people, he may no lesse, or lesse slackly assist them, than him, if the people should move sedition: yea, he ought to doe it the more readily, by how much it is more miserable, that many suffer, than one. If Porsena reduce Tarquin the proud to Rome, much more justly may Constantine, sent for by the people and Senate of Rome, expell Maxentius the Tyrant out of the City. Finally, if a man may become a Wolfe to a man, nothing truely forbids, but that a man may be a God to a man, as it is in the Proverbe. Therefore antiquity hath enrolled Hercules among the number of the gods, because he punished and tamed Procrustes, Busyris, and other Tyrants, (the pests of mankinde, and monsters of the world) in every place.Ci…. lib. 2. Offic. So also the Roman Empire, as long as it stood free, was often called, The Patrocinie against the Robberies of Tyrants, because the Senate was the haven and refuge of Kings, People, Nations. So Constantine sent for by the Romans against Maxentius the Tyrant, had God the Captaine of his Army, whose expedition the Universall Church exalted with powerfull prayses; when yet Maxentius had the same authority in the West, as Constantine in the East. Likewise Charles the Great, undertooke a Warre against the Lombardes, being called by the Nobles of Italy to their aide, when as yet the Kingdome of the Lombards was long before established, and he could claime no right to himselfe over them. Likewise, when Charles the Bald King of France, had by Tyranny taken away the President of that Country,Ioan. Avent. in Anal. Boyor…n. which lyeth betweene Seine and Liger, Duke Lambert, and Iamesius, and the other Nobles of France had fled to Lewis King of Germany, Charles his Brother by another mother, to crave aide against Charles and his mother Iudith, a most wicked Woman: He in a most ample Assembly of the Germane Princes, heard these suppliants, by whose unanimous Counsell, a warre was publickely decreed against Charles, for to restore the exiles. Finally, as there have beene some Tyrants in every place, so likewise among all Historians there are every where examples extant, of tyranny revenged, and people defended by neighbour Princes; which the Princes now at this day ought to imitate, in curbing the tyrants both of bodies and Soules of the Republicke, and of the Church of Christ, unlesse they themselves will be named Tyrants, by a most deserved right. And (that we may at last conclude this Treatise in one word) piety commands the Law of God to be observed, and the Church to be defended justice, that Tyrants and the subverters of Law and the Republike should be curbed; charity, that the oppressed should be releeved, and have a helping hand extended. But those who take away these things, take away piety, justice, charity from among men, and desire them to be altogether extinguished. So he:
If this then be an irrefragable verity, that forraine States and Princes are so farre obliged to assist and relieve those of the same Religion, and all others whose liberties, rights, priviledges, are forcibly invaded*See Speed & … History of Queen Eliz. Metarenus and Grimstons Histories of the Netherlands. The Noble Acts of Prince Maurice of …assau, and the Bils of Subsidies in Qu. Eliz. King Iames, & King Charles his reigne. (which our Parliament and State by their assistance, of the Netherlands and other Protestant States, both in Quaene Elizabeths, King Iames, and King Charles his reigne, approved and justified both by words, Acts of Parliament, and reall performances) then certainly those of the self-same Church, Nation, Kingdom, and fellow Subjects, under the self-same Prince, betweene whom there is a farre nearer relation, much stricter obligation, and more strong ingagements, ought mutually to aide and assist each other to the uttermost of their abilities, when their Religion, Lawes, Liberties, be violently invaded, their dearest native Countrey wasted, sacked, plundered, burned, ruined, in a hostile warre-like manner, with open force of Armes, either by the King himselfe, or a prevailing Malignant Popish faction, who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power. How much then it now concernes every reall Protestant within this Realme of England, and all other his Majesties Dominions to unite all their common forces together, unannimously to protect, defend, maintaine, and propagate our established reformed Religion, fundamentall Lawes, Liberties, the very Priviledges of Parliaments, their estates, liberties, lives, the peace, welfare, and common good of their dearest native Countrey, and our three united Realmes against all Popish Malignant forces now in armes to invade, eclipse, impaire, subvert, sacke, ruine them; and how monstrously, unnaturally, unchristianly, and detestably impious, treacherous, per…idious, all those English, Irish, and Scottish Protestants proclaime themselves to the present and future age, who now trayterously joyne their forces with the Malignant Popish party, or prove uncordiall, false, treacherous, and perfidious to their Religion, Liberties, Countrey, and the Parliment (who have not onelyonly waged, imployed, but confided in them) and contribute their uttermost endeavours to betray, enslave, undermine, and to sacke, burne, and totally overturne them (as many we finde have done to their eternall infamy) I here referre to every mans judgement and conscience seriously to determine. Certainly such unnaturall monsters, such trayterous Judasses, such execrable infamous Apostates as these, can expect no other reall remuneration of this their treachery and perfidiousnesse, but the ruine of their credits, the detestation of their persons, memories; the confiscation of their estates, the extirpation of their families, the execrations of all good men, the severest judgements of God, and utter confusion with horrors of conscience tormenting them constantly day and night, whiles they continue languishing under all these miseries here, and the sharpest torments, the very largest punishments, the hottest flames in hell for ever hereafter: and those Antichristian Papists who now are and have beene so faithfull, active, zealous, couragious, industrious, liberall, bountifull, if not prodigall to prosecute their owne interests, designes, to maintaine and propagate their false, erroneous, detestable Religion, superstitions, idolatries, both in England and Ireland with the effusion of their bloud, expence, and forfeiture of all their estates, and never yet deserted, or became treacherous to their false execrable cause or Religion in the least degree, shall all joyntly rise up in judgement against them, both here and hereafter, to their sempiternall infamy, reproach, and most just condemnation. O consider this all yee who now so much forget, neglect, betray both your God, your Christ, Religion, Lawes, Liberties, Countrey, Parliament, yea your very selves, your soules, bodies, estates, posterities; Consider with your selves the bitter curse denounced by God himselfe against Meroz, Iudg. 5. 23. Consider the fatall, dismall end of treacherous Iud…s, Matth. 27. 3. 4, 5. Acts 1. 18. 19, 20. Consider that dreadfull speech of our Saviour Christ, Marke 8. 35. 36, 37, 38. Whosoever will save his life shall lose it, but whosoever shall lose his life for my sake and the Gospels shall save it. For what shall it profit a man if he shall gaine the whole world and lose his owne soule? or what shall a man give in exchange for his soule? Whosoever therefore shall be ashamed of me and of my word, in this adulterous and sinfull generation; of him also shall the sonne of man be ashamed when he commeth in the glory of his Father, with the holy Angels.*†2 Tim. 2. 12. If we suffer with him, we shall also reigne with him; if we deny him, he will also deny us: If we be but fearfull in the cause of Christ, we shall be sure to have our part in the lake that burneth with fire and brimstone, Rev. 21. 8. O what then will be our portion, if we be unzealous, negligent, perfidious, to it, or professed enemies (especially in open armes) against it, when it cries out to us for our necessary assistance every where? If Iesus Christ will render tribulation to them which doe but trouble his people; yea, and shall be very shortly revealed from Heaven, with his mighty Angels, in flaming fire, taking vengeance on all them that (onelyonly) know not God, and that obey not the Gospel of Iesus Christ, who shall be punished with everlasting destruction from the presence of the Lord, and from the glory of his power, 2 Thes. 1. 6. to 10. O where shall all those ungodly sinners, Rebels, and Traytors appeare, who now every where murther, plunder, persecute, extirpare Gods dearest Saints; and not onelyonly refuse to owne, but even desert, betray the cause of God and their Countrey? who refuse not onelyonly cordially to maintaine the very truth of God, the Gospel of Christ, which themselves in shew not onelyonly pretend to know, but professe; but also joyn with Papists, and Malignants openly to fight against, and totally to suppresse it? Certainly if judgement shall beginne at the house of God it selfe, as now it doth, and if the righteous who defend the cause of God and the Kingdome shall scarcely be saved, what these mens dreadfull end, and judgement at last shall be, transcends my thoughts to conceive, my expressions to relate; all I can say is this, it will be so superlatively miserable and grievous, that an eternity of incomprehensible torments will onelyonly be able to demonstrate the infinity and execrablenesse of their sinne. O then let all of all sorts consider seriously of this, and all the premises, and the Lord give them understanding and grace to keepe a good conscience, and discharge their severall trusts and bounden duties faithfully, cheerefully to their God, Religion, King, Countrey, and the Parliament in all things, that so they may enjoy the honour, comfort, benefit, of all their faithfull endeavours to defend, promote, propagate our Religion, Lawes, liberties, and the publike welfare here; and the Crowne, the full guerdon of them hereafter; and poore bleeding, dying England and Ireland may now at last attaine that speedy, holy, lasting, honourable, blessed peace and unity, which all good men cordially pray for and endeavour; which doubtlesse had beene easily effected long ere this, had we all beene faithfull, true, reall to the publike cause of God and our Countrey in our severall places, and not faithlessely betrayed, but sincerely discharged the severall trusts reposed in us to the uttermost of our powers: the readiest meane to re-establish and perpetuate our pristine tranquillity: which I humbly beseech the God and Prince of peace effectually to accomplish in his owne due season, before our whole three Realmes become a desolate Wildernesse, an Accheldama, a Golgatha, as many places of them are already, and more like to be, if the extraordinary mercy of our ever-gracious God, prevent not the mischievous long plotted conspiracies, malice, rage, treachery, of unnaturall, and deceitfull men.
FINIS.
This Oath should have come in the Appendix, page 73. line. 17.
The Oath of CHARLES, King of Navarre at his Coronation, An. 1390. recorded in the generall History of Spaine, l. 17. p. 625. 626.
VVED. CHARLES by the grace of God, King of Navarre, &c. doe sweare unto our people of Navarre upon the holy Evangelists toucht by us, and to the Prelates and rich men of the Cities and good Townes, and to all the people of Navarre, for all your Rights, Lawes, Customes, Freedomes, Liberties, and Priviledges, that every one of them as they are, shall be maintained and kept to you and your successors, all the time of Our life without corrupting them; bettering, and not impairing them, in all, or in part: and that the violence and force which hath beene done to your Predecessors, whom God pardon, and to you by VsUs, or Our Officers, We shall hereafter command it to cease, and satisfaction to be made according unto right as they shall be made manifest by good men of credit. After which the Deputies of the State swore, in their owne names, and for all the Realme; faithfully to guard and defend the Kings person, and their Countrey; and to aide him, to keepe, defend, and maintaine the Lawes and Customes, with all their power.