Question VI: Whether the rites of unbelievers are to be permitted

The certain rule is that these rites are not to be permitted by Christians to subject infidels without a most grave cause.

The most grave causes, however, are twofold: to avoid greater evils, or lest a greater good be impeded. So the Theologians commonly with St. Thom. 2. 2. quaest. 10. art. 11. et St. Bonau. locis allegandis. So Tanner. disp. 1. quaest. 9. dub. 2.; Card. Lugo disp. 19. sect. 2. §. 4.; Bassaeus v. Fides, 2. num. 9.

I assert first, that for the causes adduced, subject infidels can be tolerated by Christian Princes.

It is proved from the Saintly Doctor, opusc. de sex alis Seraphim, cap. 7., from that word of Matth. 13., where the Father of the family, expostulated with about eradicating the Zizanias, answered: Non: ne forte eradicetis et triticum. Sinite utraque crescere, etc. — No: lest perhaps you root up the wheat also. Suffer both to grow, etc. For this is the general rule, observed at that time by Pontiffs and Kings, lest seditions and confusions boil up in the Church. For thus God also tolerates certain evils for these causes, as Tanner. notes after St. Bonau. in 1. dist. 47. quaest. 3., where he infers our conclusion, certainly for this reason, because our goods ought to have their exemplars in God.

I assert second, that for this cause also the Jews are tolerated, both because as it were shadows they confirm the truth of our faith, and they exhibit the sacred Books to us for convincing the Pagans. So it is had in can. Qui sincera, dist. 45. et St. August. l 8. de ciuit. cap. 46. The legitimate Books of the old testament are indeed to be received from them, but the truly Talmudic, Cabalistic, and similar ones, vomiting forth insults against Christ, are to be given to the flames, as was long ago decreed by Gregory IX, Innocent IV, Julius III, Paul IV, and recently by Clement VIII.

I assert third, that outside these cases subject infidels are not to be tolerated. So it is defined in the Fourth Council of Carthage, can. 15. Elibertino; cap. 44. et Clem. un. de Iudaeis, et Saracenis, et leg. Nemo, C. de Paganis.

It is proved from Suarez disp. 18 sect. 4.; Tannero disp. 1. quaest. 9. dub. 2.; Lugo disp. 19 sect. 2. §. 4.; by the argument of St. Bonau ad Psal. 118. cap. 2. vers. 11., expounding that word of Matthaei 20: Principes gentium dominantur eorum — The princes of the nations lord it over them; because they are bound to remove their subjects from the perdition of souls, from scandals, and to promote them to good. For this reason Constantine burned the Temples of the Pagans and forbade the sacrifices; and he is praised by the Saints, Ambr. epist. 30. August. epist. 48. 50. et 104., and Nicephorus lib. 8. cap. 33. et de Iouiniano lib. 10. cap. 39. et Theodosio lib. 12. c. 25. relates it; thus Josias, Ezechias, Iosaphat are praised, who took away the high places, 3. et 4. Reg., and others are blamed who did not take them away, as St. August. epist. 50. notes.

Here they ask: whether a Prince can grant a safe-conduct to infidels without a faculty of the Pontiff.

Hurtadus answers, disp. 79. sect. 5., that it can be granted to unbaptized infidels; not to heretics, who are subjects of the Church.

Therefore, notwithstanding any safe-conduct of the Kings, the Church can punish heretics, as the Council of Constance defines, sess. 19.; yet if she herself has given the safe-conduct, she is bound to keep it: as the Master Joannes Marq., the Augustinian, teaches, lib. 2. de gubernatore Christiano. cap. 24., who on pagina 301. says that faith is to be kept with them, especially when confirmed by oath.