The hard Case of Protestant Subjects under the Dominion of a Popish Prince.
A Prince putting himself and his Dominions under the Authority of the Pope, 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 (a), do forthwith lie under the Penalty which those Laws and Constitutions will have inflicted upon Hereticks; Heresie (b) being the highest degree of High-Treason, called therefore by them, Laesae Crimen Majestaetis Divinae: So the English Protestant must be a Traytor, and the worst of Traytors, and exposed to the Penalties of High-Treason.
The Laws and Decrees of the Romish Church against Hereticks.
Heresie (c) is denounced Infamous, and the Heretick must be dealt with as such; which is many Penalties in one.
First, Whereby they are deprived of all Nobility, Jurisdiction and Dignity, and debarred from all Offices, and publick Councils, Parliaments and others; being made uncapable of choosing, and being chosen: So that it reacheth all sorts (d) of Clergy, Laity, Noble and Ignoble; which is extended to their Children also. For, they say, The Issue of Traytors, Civil and Spiritual, lose their Nobility. And all that owe any Duty to such Infamous Persons, are discharged and exempted therefrom, as Subjects (e) from their Prince, Servants (f) from their Masters, Children (g) from their Parents, whom they also may lawfully kill.
Whereby we may see a little, to what condition the Admission of the Papal Authority would reduce us, expelling both Nature and Humanity, and making the dearest Relatives unnatural and barbarous to one another; it would leave no Protestant either Dignity or Authority, either Safety or Liberty; Nobles are sentenced to Peasants, and Peasants to Slaves.
Secondly, Another Penalty to which Hereticks are condemned by their Law, is Confiscation of Goods and Estate; and this they incur ipso jure, & ipso facto; that is, immediately as soon as they shew themselves Hereticks, before any legal Sentence have passed: For which there is an express Decree in the Canon-Law; (h) Bona Haereticorum ipso jure discernemus consiscata; We decree the Goods of Hereticks to be consiscate by Sentence of Law. The Effects of this Confiscation, wherein they all agree, makes the Severity of the Law apparent, viz. First, All the Prosits made of the Estate from the first day of their Guilt, is to be (i) refunded. Secondly, All Alienations (k) by Gist, Sale, or otherwise, before Sentence, are null and void; and all Contracts for that purpose (l) rescinded. Thirdly, Children, Heirs of Hereticks, are deprived of their Portions; yea, tho they be Papists.
Whereby it appears, that as soon as the Papacy is admitted, all Title and Property is lost and extinct among us: And therefore we must not think that Pope acted extravagantly, who declared, That all his Majesty's Territories were his own, as forfeited to the Holy See for the Heresie of Prince and People. Not only Abby-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; whose process follows them beyond their Grave, and ruins their Children, and Children's Children after them. And when they have strip'd the Heretick of his All, they provide that no other shall relieve him, viz. That none shall receive him into their Houses, nor afford him any Help, nor shew him any Favour, nor give him any Counsel. We are here in England zealous for Property; and all the [Page 3]reason in the World we should so be: But we must bid adieu to this, when we once come under the Pope's Authority; for as soon as this is admitted, all the Protestants in these Nations are Beggars by Lrw, viz. by the Laws of that Church, which will then be Ours, divesting us of all Property and Title to whatever we account our own.
Thirdly, Another Penalty which their Law inflicts on Hereticks, is Death (m), which is the Sentence of the Canon-Law; and which is so absolute, that no Secular Judg can remit, and which is the Judgment of all the Doctors, Ita docent omnes Doctores: And from which Penalty, neither Emperors nor Kings themselves are to be freed or exempt. And the Death they inflict is burning alive: No Death more tolerable, or of less exquisite Torture will satisfy the Mercy of that Church. The Canon saith thus; Decernimus ut vivi in conspectu hominum comburantur; We decree, that they shall be burnt alive in the sight of the World. So our last Popish Successor, Queen Mary, practised upon near three hundred Persons, without regard either to Age, Sex, or Quality: the Scripture they urge for it, is John 15.6. (n) If any one abide not in me, men gather them and cast them into the Fire, and they are burnt.
So that as soon as 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 to be burnt alive, and under a Power that hath declared it necessary that no one of us escape with Life.
Fourthly, Where legal Penalties cannot take place, by reason of opposite Strength, they hold War necessary, and lawful to chastise Hereticks: For which we might give you divers Authorities; (o) but let Cardinal Allen, our Country-man, suffice; who asserts it is not only lawful, but necessary: His words are these: It is clear (saith he) what People or Persons soever be declared to be opposite to GOD's Church, with what Obligation soever either of Kindred, Friendship, Loyalty, or Subjection I be bound unto them; I may, or rather must take up Arms against [Page 4]them; and then must we take them for Hereticks when our lawful Popes adjudg them so to be. And which (saith Cardinal Pool) is a War more holy than that against the Turks.
Fifthly, To destroy them by Massacres is sometimes held more adviseable than to run the hazard of War, and which (they say) is both lawful and meritorious, for the rooting out a Pestilent Heresy, and the promoting the Roman Interest. This set a-foot the Iirish Massacre, that inhuman bloody Butchery, and so much from the Savageness and Cruelty of their Nature, as the Doctrines and Principles which directed and encouraged it; as also that of Paris, than which nothing was more grateful and acceptable to their Popes, as their (p) Bulls make manifest, and the picturing it in the Pope's Chamber; and for which, as a most glorious Action, Triumphs were made, and publick Thanksgivings were returned to God. So in Savoy, and elsewhere, both in former and latter Times. And this was that which the late Conspirators aimed at so fully intending a Massacre. Those that escaped a Massacre, saith (q) Dugdale, must be cut off by the Army. And (r) Coleman tells the Internuncio in his Letters; That their Design prospered so well, that he doubted not in a little time, their Business would be managed to the utter Ruin of the Protestant Party: The effecting where of was so desirable and meritorious, that if he had a Sea of Flood, and an hundred Lives, he would lose them all to carry on the Design. And if to effect this, it were necessary to destroy an hundred Heretical Kings, he would do it (s). Singleton the Priest affirmed, That he would make no more to stab forty Parliament-Men, than to eat his Dinner. Gerard and Kelley, to encourage Pranëe to kill Sir E. B. G. told him, It was no Murther, no Sin, and that to kill twenty of them was nothing in that case; which was both a charitable and meritorious Act. And (t) Grant, one of the Massacring Gun-powder Traitors, said, upon his Execution, te one that urged him to repent of that wicked Enterprize, That he was so far from counting it a Sin, that on the contrary, he was confident, that 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. See Everard [Page 5]Digby speaking to the same purpose also; the Provincial Garnet did teach the Conspirators the same Catholick Doctrine, viz. That the King, Nobility, Clergy, and whole Commonalty of the Realm of England (Papists excepted) were Hereticks; and, That all Hereticks were accursed and excommunicated; and That no Heretick could be a King, but that it was lawful and meritorious to kill him, and all other Hereticks within this Realm of England, for the advancement and inlargement of the Authority and Jurisdiction of the Pope, and for the restoring of the Romish Religion. This was that Garnet whom the Papists here honoured as a Pope, and kissed his Feer, and reverenced his Judgment as an Oracle; and since his Death, given him the Honour of Saintship and Martyrdom (u). Dugdale deposed, That after they had dispatched the King, a Massäcre was to follow.
But surely, it may be supposed, that the Temper of such a Prince, or his Interest, would oblige him to forbid or restrain such violent Executions in England. Yea, but what if his Temper be to comply with such Courses? Or his Temper be better? What if it be over-rul'd? What if he be perswaded, as other Catholicks are, that he must in Conscience proceed thus? What if he cannot do otherwise, without hazard of his Crown and Life? For he is not to hold the Reins of Government alone, he will not be allowed to be much more than the Pope's POSTILLION, and must look to be dismounted, if he act not according to Order. The Law (x) tells us, That it is not in the Power of any Civil Magistrate to remit the Penalty, or abate the Rigour of the Law. Nay, if the Prince should plight his Faith by Oath, that he would not suffer their Bloody LAWS to be executed upon his Dissenting Subjects, this would signify nothing: For they would soon tell him, That (y) Contracts made against the Common Law are invalid, though confirmed by Oath; And; That he is not bound to stand to his Promise though he had sworn to it: And, That Faith is no more to be kept with Hereticks, than the Council of Constance would have it. So that Protestants are to be burnt, as Jo. Huss [Page 6]and Jerom of Prague were by that Council, though the Emperor had given them his safe Conduct in that Solemn manner, which could secure them only (as they said) from the Civil, but not Church-Process, which was the greatest. For 'tis their General Rule, That Faith is either not to be given, or not kept with Hereticks. Therefore, saith Simanca, That Faith ingaged to Hereticks, though confirmed by Oath, is in no wise to be performed: For, saith he, if Faith is not to be kept with Tyrants and Pirats, and others who kill the Body, much less with Hereticks who kill the Souls. And that the Oath in favour of them, is but Vinculum Iniquitatis, A Bond of Iniquity. Though Popish Princes, the better to promote their Interest, and to insnare the Protestant Subjects, to get advantage upon them, to their Ruin, have made large Promises, and plighted their Faith to them, when they did not intend to keep it. As the Emperor to John Huss and Jerom; Charles the Ninth of France to his Protestant Subjects before the Massacre; the Duke of Savoy to his Protestant Subjects, before their designed Ruin; and Queen Mary, before her burning of them. But if there were neither Law nor Conscience to hinder, yet in point of Interest, he must not shew favour to Hereticks, without apparent hazard, both (z) of Crown and Life, for he forfeits both if he doth. The Pope every Year doth not only curse Hereticks, but every Favourer of them, from which none but himself can absolve. (a) Becanus very elegantly tells us, If a Prince be a dull Cur, and fly not upon Hereticks, he is to be beaten out, and a keener Deg must be got in his stead. Henry the Third, and Henry the Fourth, were both Assassinated upon this Account, because they were suspected to favour Hereticks. And are we not told by the Discoverers (b) of the Popish Plot, That after they had dispatch'd the King, they would depose his Brother also, that was to succeed him, if he did not answer their Expectations, for rooting out the Protestant Religion.
But may not Parliaments secure us by Laws and Provisions restraining the Power which endangers us? Not possible, if once they secure and settle the Throne for Popery: For, First, [Page 7]They can avoid Parliaments as long as they please; and a Government that is more Arbitrary and Violent, is more agreeable to their Designs and Principles: It being apparent, that the English Papists have lost the Spirit of their Ancestors, who so well asserted the English Liberties, being so generally now fix'd for the Pope's Universal Monarchy, sacrificing, all to that Roman Moloch, being much more his Subjects than the King's; and though Natives by Birth, yet are Foreigners as to Government, Principle, Interest, Affection and Design; and therefore no Friends to Parliaments, as our Experience hath told us.
But, Secondly, if their Necessity should require a Parliament, there is no question but they may get such a one as will serve their turns: For so have every of our former Princes in all the Changes of Religion that have been amongst us: As Henry the 8th, when he was both for and against Popery; Edward the 6th, when he was wholly Protestant; Queen Mary, when she was for Burning Alive; and Queen Elizabeth, when she ran so Counter to her Sister. And the Reason is clear, that he who has the making of the publick Officers, and the Keys of Preferment and Profit, influenceth and swayeth Elections and Votes as he pleaseth. And by how much the Throne comes to be fix'd in Popery, the Protestants must expect to be excluded from both Houses, as they have excluded the Papists: For as Hereticks and Traitors, they, as ignominous Persons, &c. you have heard, forfeit all Right, either to chuse, or be chosen in any Publick Councils: And then all Laws which have been made for the Protestants, and against the Popish Religion, will be null and void, as being enacted by an incompetent Authority, as being the Acts of Hereticks, Kings, Lords, and Commons, who had forfeited all their Rights and Priviledges.
But, Thirdly, suppose our Laws were valid, as enacted by competent Authority, and such good and wholsome Provisions, as were those Statutes made by our Popish Ancestors, in those Statutes of Provisoes in Edward the I. & Edward the III. Time, and that of Praemunire in Richard the II. and Henry the IV. for Relief against Papal Incroachments and Oppressions: Yet being against the Laws and Canons of Holy Church, the Sovereign Authority, they will be all superseded: For so they determine, That when the Canon and the Civil Laws clash, one requiring [Page 8]what the other allows not, the Church-Law must have the observance, and that of the State neglected: And Constitutions (they say) made against the Canons and Decrees of the Roman Bishops, are of no moment: Their best Authors are positive of it. And our own Experience and Histories testify the Truth thereof: For how were those good Laws beforemention'd, defeated by the Pope's Authority, so that there was no effectual Execution thereof till Henry the 8th's Time, as Dr. Burnet (c) tells us? And how have the good Laws, to suppress and prevent Popery, been very much obstructed in their Execution by Popish Influence?