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A30973 A discourse concerning the laws ecclesiastical and civil made against hereticks by popes, emperors and kings, provincial and general councils, approved by the church of Rome with a preface against persecuting and destroying hereticks / by a cordial friend to the Protestant religion now by law established in these realms. Barlow, Thomas, 1607-1691.; Whitby, Daniel, 1638-1726. 1682 (1682) Wing B828; ESTC R16393 97,782 178

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Indulgence granted to the Bohemians by the general Council of Basil and confirmed by Eugenius the Fourth concerning the Receiving the Communion in both kinds The Pope answers by minding him of his Coronation Oath in which he had promised Obedience to the See of Rome and commands him therefore to comply with that Church The King replies that indeed he had sworn haereticam pravitatem è Regno abjicere to expell Heresie out of his Kingdom but that he never esteemed the Receiving the Sacrament in both kinds to be Heresie and that he would live and die in the practice of it Then the King enquires of the Hussites whether if War should be waged against him upon this account they would stand by him who answer like good Subjects that they would doe it with their Lives and Fortunes But putting the same Question to the Catholicks they answer fraudulently that when the Honor of God and Justice was not violated they would not be wanting to assist the King and Kingdom For this the Pope prepares to execute his Censures on the King nulls the Contract of Agreement made betwixt him and his rebellious Subjects of Breslaw in which they promised submission to him he absolves them from their Promise commands the King and all other persons under the Penalty of Excommunication not to hurt them or to compell them to obey him and exhorts all Princes to be assistent to these Rebels and Truce-breakers against all Invaders A. D. 1466. Hynco one of the King 's Nobles being besieged by the King in a Town called Zaraste escapes privily in the night and flys to Paul the Second who presently in favor of this Criminal pronounces an Anathema against all who did not presently quit the Seige and the Town notwithstanding being taken he sends Rudolph his Legate to try the Princes of Germany whether they would not hinder the Pope's proceedings against King George their Answer is that the Pope knew what was his Duty and they would doe what became Catholicks but that they could not break their League with him till the Church had declared him a Heretick In the mean time all the Catholick Nobility of Bohemia rebell against him and desire the Pope to absolve them from their Oath of Obedience to him which when they had joyned with the Inhabitants of Breslaw and other Rebels is granted to them the King himself is cited to Rome Rudolph is commanded to procure Aid against him and to gather an Army of Crusado's for that purpose which presently he doth and forceth the King from a Town that he besieged And because the King appear'd not at Rome and desisted not from persecuting the Catholicks by the Advice of the Cardinals and all the Doctors of Divinity and of the Canon Law he is pronounced a perjured sacrilegious Heretick then the Pope deprives him as being a Heretick of all Honor and Dignity absolves his Subjects from their Obedience to him and declares him and his Posterity uncapable of any Dignity and lastly offers his Kingdom to Casimirus King of Poland In the Sixteenth Century Paul the Third An. Do. 1538. with the consent of his Cardinals declares that Henry the Eighth of England under severe Penalties required his Subjects to hold some Schismatical and Heretical Articles amongst which this was one That he himself and not the Pope was the Supreme Head of the Church of England These Errors he requires him to desist from and to abrogate the Laws made against the Pope's Supremacy declaring that if he did not yield to this Injunction he should incur the Sentence of the greater Excommunication under which Sentence if he continued Ninety days and did not within that time appear at Rome he in the space of three days after should incur the Penalty of Deprivation of his Kingdoms and Dominions passed upon him Moreover he absolves his Subjects from their Oaths of Fealty of Subjection to him commanding them under the Penalty of Excommunication not to obey him or acknowledge him as their Superior A. D. 1570. Pius the Fifth declares Queen Elizabeth a Heretick whereupon he deprives her of her pretended N. B. Royal Right and all Dominion Dignity and Privilege whatsoever and declares all her Subjects and all others who had sworn to her absolved from their Oaths and from any Obligation of Allegiance or Obedience to her An. Dom. 1585. Sixtus the Fifth pronounceth Henry of Navar and the Prince of Conde to be Sectaries relapsed into Error manifest Favorers and publick Defenders of Sectaries that is Hereticks Rebels to the Divine Majesty and Enemies to the Catholick Faith having done this he deprives them and their Posterity for ever of their Dominions and Kingdoms absolving their Subjects from their Allegiance to them in these words By the Authority of these Presents we do absolve and set-free all persons as well joyntly as severally from any such Oath and from all Duty whatsoever in regard of Dominion Fealty and Obedience and do charge and forbid all and every of them that they do not dare to obey them or any of their Admonitions Laws and Commands After the Death of Henry the Third by the barbarous Murther of Fryer Clement the Parisians send to the Sorbon Doctors to know if it were lawfull to submit to Henry of Borbon to whom the Crown of right belong'd their Answer is at large recorded in Thuanus and briefly is to this effect that Catholicks by the Divine Law were forbidden to admit to the Kingdom a Sectary or a Favorer of a Sectary and a manifest Enemy of the Church much more one that had relapsed and was by name excluded from the Catholick Vnion by the Apostolick See that all who favor or assist him were guilty of damnable Sin and would infallibly be damned and all that did resist him unto bloud would dye Martyrs and enjoy an everlasting Reward in Heaven But it is needless to multiply Examples of this nature in a case defined by two general Councils First that of Lateran under Alexander the Third A. D. 1179. which cap. 27. speaking of certain Hereticks there mentioned let all men say they know who any way stand bound to them that as long as these Hereticks persist in their Iniquity they are relaxed from all Fealty Homage and Obedience due to them The Second is the Fourth Council of Lateran under Innocent the Third which as you have already heard declares that if the Temporal Lord neglect to purge his Territories from Heretical Pravity notice must be given of his Remisness to the Pope that he from henceforth may pronounce his Subjects discharged from their Obedience and give his Dominions to Catholicks Moreover in compliance with these Popish Principles we find that Popish Princes who had made these Promises did notwithstanding prosecute their Protestant Subjects with the greatest rigor and act clear contrary to the Engagements made unto them Our own Dominions will afford a sad and lamentable Instance of this thing For