by the Council of Basil, and the Emperour, in their Safe-conduct to the Bohemians, securing them not only from the hand of vio∣lence, but also, of justice; whose words, in the close of it, are these.—Promittimus sine fraude, & quolibet dolo, quod nolumus, ne∣que debemus, quacunque occasione praetensa, uti authoritate, vel po∣tentia, jure, statuto, vel privilegio legum, vel Canonum, & quorum{que} Conciliorum specialiter Constantiensis, & Senensis, quacun{que} forma verborum expressa, in aliquod praejudicium salvo Conductui per nos con∣cesso. [What more clear than this for the lawfulness, and undis∣pensableness, of such publick faith, though given in the largest form, and most derogatory to the Engagers rights?]
[§. 95] Only some Cases there are, wherein (all judicious Pro∣testants, I suppose, consenting) Faith given may not be kept to any person whatsoever; and so neither to Hereticks; such as these. 1st. If the faith be given not absolutely, but conditionally, the Condition wanting, or failing, the faith, or promise, given with, and limited by, it, is voided. 2. So also, if the matter of the faith, oath, or promise, be a thing unlawful to be done, neither, here, may such faith either lawfully be given; or, given, be ob∣served. If the matter be unlawful, I say; either by the divine law, if, and though, it be the publick faith given by a suprem Authori∣ty: or also, by any humane law, if it be a faith given by Inferiors, and Subjects to such laws. Among which unlawful things, and that jure divino, is to be numbred, if Faith be given, either by Prince or Subject, in any thing, which invades anothers right, or assumes to our selves, what only is in anothers lawful disposal; and so involves doing wrong to a third person, which it is never lawful to do; (though cedere de nostro jure is a thing very law∣ful) So, for Example, in the particular matter of Hereticks. If the supreme Temporal Magistrate should pass his faith to one suspected of Heresie, to free him from any Trial thereof by the Ecclesiastical Tribunal; or to free him, found guilty thereof, from the sentence of Excommunication, a right belonging to the Church, and independent of secular Powers; or to introduce, or continue, him, excommunicated, in the Catholick Church-As∣semblies, such faith, as it is unlawfully given, so neither, given, can it lawfully be observed. Again, when the law of a Prince, or State, restrains to professed Hereticks the publick Exercise of their Religion, or imposeth some mulct upon them, and this law is here supposed just, if a Subordinate Officer, or private person, engage his faith to some Hereticks to the contrary, such faith to them is not to be kept, as promising a thing not in his, but rather anothers, lawful power, and disposal; And the same it were in a