The LAWS and Decrees of the Ro­mish Church against HERETICKS.

He [...]esie Cap. In­fam. 6. q. 1. p 297. is denounced INFA­MOUS, and the Heretick must be dealt with as such; which is many Penal­ties in one.

1. Forfeit Dig­nity and Office First ▪ Whereby they are deprived of all Nobility, Ju [...]isdiction and Dig­nity, and debarred from all Offices, and Publick Councils, Parliaments as others; Being made uncapable of choosing, and being chosen: So that it reacheth all sorts Suar. de Fide. disp. 12. §. 9. n. 5. l. 2. c. 29. of Clergy, Layety, Noble and Igno [...]le: Which is extended to their Children a [...]so. For, they say, The Issue of Traytors, Ci­vil and Spiritual▪ lose their Nobility. And all that owe a [...]y Duty to such Infamous Persons, are discharged and exempted there from; as Subjects Cap. de Haer. from their PRINCE, Servants Aazov. Tom. 1. l. 8. c. 12. q 7. from their MASTERS, Children Cap. 2. Sect. fin. de Haer. in 6. from their PARENTS; whom they also may lawfully Kill.

Whereby we may see a little, to what Condition the Admission of the PAPAL Authority wo [...]ld reduce us, expelling both Nature and Humanity, and making the dearest Relatives un­natural and barbaro [...]s to one another: It would leave no Protestant either Dignity or Authority▪ either [...]ety or Liberty; Nobles are sentenced to Peasants, and Peasants to Slaves.

Secondly, 2. Goods and Estate. Another Penalty, to which Hereticks are condemned by their Laws, is CONFISCATION of Goods and Estate; and this they in­curr I [...]s [...] 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; Cap. cum secundum Legis de Haer. Inno. III. Cap. de Vergentis. Bona Haeretico [...]um ipso jure d [...]scernemus Confis [...]ata; We decree the Goods of Hereticks to be Confi [...]cate by Sentence of Law. The Effects of this Confiscation, wherein they all agree, makes the Severity of the LAW appa­rent, [...]iz. First, All the Profits made of the Estate from the first Day of their Guilt, is to be V [...]sq in Suar. disp. 22. S. 4 [...]. [...]. refunded. Secondly, All Alienations S. 1 [...]. by Gif [...], Sale, or otherwise, before Sen­tence, are null and void; and all Con­tracts for that purpose, Cap. Ver­gent. de Haer. rescinded. Thirdly, Children, Heirs of Hereticks, are deprived of their Portions; yea, though 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 Ma­j [...]sty's Territories were his own, as for­feited to the H [...]ly See for the Heresie of Prince and People. Not only Abby­lands [Page 2] 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 stript the Heretick of his All, they provide that no other▪ shall re­lieve him; viz. That none shall receive him into their Ho [...]ses, nor afford him any Help, nor shew him any Favour, nor give him any Counsel. We are here in England zealous for Property; an [...] all the reason in the World we should so 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 B [...]ggers by Law▪ viz. By the Laws of That Church; which will then be Ours, divesting us of all Property and Ti [...]e to what ever▪ we count our own.

3. Lives. Thirdly, Another P [...]n [...]lty which their Law inflicts on H [...]eticks, is Death, Cap ad abolendum de Haer. Suar. Dis. 23. Bul. Urb. 4▪ & Inno. 4. which is the Sentence of the Canon-Law; and which i [...] so Ab­solute, that no Secular Judge can re­mit▪ and which is th [...] Judgm [...] of all the Doctors. Ita docent omnes D [...]ctores: And from which Penaltie, neither Emperors no [...] Kings themselves are to be freed or exempt. And the Death they i [...]fl [...]ct is Burning Alive: By B [...]rning. N [...] Death m [...]re tolerable. [...]r of less e [...]q [...]si [...]e Torture, will sati [...]fie the Mercy of that Church. The Canon saith thus; De­cernimus ut vivi in conspectu hominum combu [...]antur; We decree, That they shall be Burnt Alive, in the Sight of the World. So our last Popish Suc­cessor, Queen Ma [...]y, pract [...]sed upon near three hundred Persons, without regard either to Age, Sex, or Qual [...]ty: The Scripture they urge for it, is Job. 15 6. Jac de [...]ra decis. l. 2. c. 9. n 2. 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 th [...]se Nations are dead Men in Law; being under a LAW, that hath Sentence [...] us to be Burnt Alive; and under a Power that hath Declared it necessary, that no one of u [...] escape with Life.

Fourthly, 4. D [...]stroy'd by War. Where legal Penalties can­not take place, b [...] reason of opposite Strength, they hold War necessary, and lawful to chastise Hereticks. For which we might give you divers Authorities; Bonacina Diana. Castro M [...]anus ▪ &c. Car. Allen. ad mon. to Nobl. & Peop. p. 41. but let Cardinal Allen, our Coun­try man su [...]e; who asserts it is not only lawful, but necessary: His Words are these: It is clear (saith he) what People [...] Persons soever be declared to be opposite to GOD's Church, with what Obligation so [...]ver▪ either of Kindred, Friendship, Loyalty, or Subj [...]ction, I be bound unto them; I may, or rather must▪ take up Arms against them: And then must we tak [...] them f [...]r Hereticks, when our lawful Popes ad [...]udge them so to be. And which (saith Car [...]inal Pool) is War more Holy than that against [...]he Turks.

Fifthly, 5. By M [...]ssa­cre. To destroy them by Massa­cre [...], is sometim [...] hel [...] more advicea­ble▪ than to run the hazard of War; and which ( they s [...]) is both lawful and [...]e­ritorious, for the rooting our a Pestilent Heresi [...] [...]n [...] the promoting the Ro­man inte [...]est. This [...]ta [...]oo [...] the [...]ish Massacre, that inhumane bloody But­chery▪ not so m [...]ch from the Savage­ness and Cruelty of [...]hei [...] N [...]tures, as the Doctrines and principles which di­re [...]ed▪ and encouraged [...]t: As also th [...]t of Paris; than which nothing w [...]s more grateful and acceptable to their P [...]es, as their Briefs of P G. 13. & Cl [...]m. 8. Bulls make ma [...]ifest, and the picturing [...] it in the Popes Chamber: and for which, [...] a most Glorious Action, Triumphs were made, and publick Tha [...]k [...]givings were returned to GOD. So in Savoy, and elsewhere, both in former and later Times. And this was that which the late Conspirators aimed at so fully, in­tending a Massacre Those that escaped a Massac [...]e, [...]uch 5 J [...]. Try­al▪ p. 28. Dugdale must be cut off by the Army. And Col. Lr. to the Inter­nuncio. Coleman tells the Int [...]rnuncio in his Letter; [Page 3] That their Design prospered so well, that he doubted not in a little [...]ime, their Business would be managed to the utter Ruin of the P [...]otestant P [...]rty: The effecting whereof was so desirable and meritorious, what if he had a Sea of Blood, and an hundred Lives, he would lose them all to carry on the Design. And if to eff [...]ct This. i [...] were necessary to destr [...]y an hund [...]ed Heretical Kings, he would do it. Pran­ce 's Nar. p. 4. Singl [...]ton the Priest affirmed, ‘Tha [...] he would make no more to stab forty Parliament-men, than to eat his Dinner Gerard and Kelley, to en­courage Prance to kill Sir E. B. G. told him, it was no Murder, no Sin, and that to kill twenty of them was nothing in that Case; which was both a chari­table and meritorious Act. And Caus [...] Ep. p. 189 Grant, one of the Massa [...]ri [...]g Gun-pow­der Tray [...]o [...]s said, up [...]n his Execu [...]ion [...] to one that urged him to Repent of that wick­ed Enterprize; That [...]e was so far from counting i [...] a Sin, that on the [...]ontrary, he was confident That tha [...] Noble De­sign had so muc [...] of Merit in i [...], as would be abundantly enough to make Satisfaction for all the Sins of his whole life. Sir Everard D [...]gby speaking to the sure purpose also. The provincial, Gar­net▪ did teach the Conspirato [...]s the same Catholick Doctrine; viz That the King, Nobility, Clergy, and whole Commu­nalty of the Realm of England (P [...]p [...]sts exc [...]pted) were Hereticks; and, That all Hereticks were Accu [...]sed and Ex [...]om­municated: and ▪ That no Heretick could be a King: but that it was lawful and m [...]ri [...]orious to K [...]ll him▪ and all other Hereticks within thi Realm of England, for the Advancement and [...]nlargement of the Au [...]h [...]rity an [...] Jurisdiction of the Pope ▪ and for t [...] Restoring of the Ro­mish Relig [...]on. T [...]is was that Garnet whom the P [...]pists here honoured as a Pope, and kissed his Feet, and reverenced his Iudg­ment as an Oracle; and since his death given him the Honor of Saintship and Mar­tyrdom [...] Jes. Tryal p. 25. 1. The Po­pish Prince cannot, help, if he would. Oaths and Promises insignifi­cant. Dugdale des [...]sed, That af­ter they had dispattched the King, a Massacre was to follow.’

But surely, it m [...]y be supposed, that the Temper of such a Prince, or his Interest, would oblige him to forbid or restrain such violent Executions in England: I, but what if his Temper be to comply with such Courses? Or if his Temper be better? W [...]at if it be Over ru [...]d? What if he be perswade [...] as ot [...]er Catholicks are, that [...]e 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 Po [...]es POS [...] ­LION; and must look to be [...]nmounted, if he Act nor according to Order. The Law Ca [...] Offic [...]. tells us, That it is [...]o [...] in th [...] pow­er of any Civil Magistrate, [...]r [...] Pe­nalty, or abate the Rigour of the Law. Nay, if the Prince should plight has Faith by O [...]th, that he would not suffer their Bloody LAWS to be executed upon his Dissenting Sbjects, this would signifie no­t [...]ing: For they would soon tell him, ‘That Bonn­cina de prim. prac. Disp. 3. q ▪2. Contracts made against the Canon-Law are invalid, though confir­med by Oath; And, That he is not bound to stand to his promi [...]e, tho' he had Sworn to it: And, That Faith is no mo [...]e to be kept with Hereticks, than the Council of Constance would have it.’ So th [...] P [...]otestants are to be Burnt, as Jo. Huss, and Jerom [...]f 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 H [...]reticks. Therefore saith Simanca, ‘That Faith ingaged to Hereticks, tho confirmed by Oath, is in no wise to be performed: For saith he, If Faith is not to be kept with Tyrants and Pyrates, and others who kill the Body, much less with Hereticks who kill the Souls; And that the O [...]th in savour of them, is but Vniculum Iniquita [...]is.’ A Bond of Ini­quity. T [...]ough P [...]pish Princes the bet­ter to promote their interests, and to in­snare their Protestant Subjects, to get ad­vantage upon them, to their Ruin, have made large promises, and plight [...]d their Faiths to them, when they did not intend to keep it. As th [...] Emperor to John Huss and Jerom; Charles the Ninth of France to his Protestant Subjects before the Mas­sacre; [Page 4] the Duke of Savoy to his Protestant Subjects, before their designed Ruin; and Qu. 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 f [...]our to Hereticks, without app [...]rent hazard, both Per­son's Phi­lop. p. 109. 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 ab [...]olve. Beca [...]. Cont. Aug. [...]. 131, 132. In Fowlis. p. 60. 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 kee [...]er D [...]g must be got in his stead.’ Henry the Third, and Henry the 4th, were both Assassinated upon this ac­count, and because they were suspected to favour Hereticks. And are we not told by the Discoverers Ores's N [...]r. p 4. N. 5 &c.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.

2 Parlia­ments can­not pre­vent Ruin to Prote­stants.But may not Parliaments secure us by Laws and provisions restraining the pow­er which endan [...]er vs? Not possible, if once they secure and settle the Throne for Popery: For, First, They can avoid Parliaments as long as they please, and a Government that is more Arbitrary and V [...]olent, is more agreeable to their designs and principles: It being apparent, that the English Papist have lost the Spirit of their Ancestors, who so well asserted the English Liberties, being so generally now six'd for the Popes Universal Monarchy, Sacrificing all to that Roman moloch; being much more his Subje [...]ts than the Kings: 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 tol [...] us.

1. They may be a­voided.But Secondly, If their Necessity should require a Parliament, ther [...] is no questi­on but they may get such a one as will serve their turns. For so have every of our f [...]rmer Princes in all the changes of Religion, that have been amongst us: As Henry the VIII. when he was both for and against Popery, Edward the VI. when he was wholly Protestant, Qu. Mary, when she was for Burning Alive, and Qu. 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, 2. May be made to serve a Po­pish, not a Protestant Interest. 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 Traytors, they, as Ignominous Per­sons, &c. you have heard, forfeit all Right either to choose, or be chosen in any publick Council: 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 privileges.

But Thirdly, 3. Good Laws in­significant. Suppose our Laws were va­lid, as enacted by competent Authority, and such good and wholsom provisions, as were those Statutes made by our Po­pish Ancesto [...]s, in those Statutes of pro­viso [...]s in Enward the I. and Edward the III Time; and that of p [...]aemunire in Ri­chard the II. and Henry the IV. for Relief against Papal In roachments & Oppres­sions: Yet being against the Laws & Ca­nons of Holy Church; the Sovereign Au­thority, they will be all superseded: For so they determine, ‘That when the Ca­non and the civil Laws cl [...]sh, one requi­ring what the other allows not, the Church-law must have the observance an [...] that of the State neglected: And Constitution [...] ( they say) made against the Canon [...] & Decrees of the Roman B [...]shops are of no moment: Their best Authors are possitive in [...]t.’ And o [...]r own Experi­ence & Histories [...]estifie the truth thereof: For how were those good Laws before­mention'd, defeated by the Popes autho­rity, so that there was no effectual Exe­cution thereof till Henry the VIII. time, as Dr. Burnet Hist. Ref p. 110. tells us? And how have the good Laws, to suppress and prevent Popery, been very mach obstructed in their Exe [...]ution, by POPISH I [...]fluence?