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A04779 The right and iurisdiction of the prelate, and the prince. Or, A treatise of ecclesiasticall, and regall authoritie. Compyled by I.E. student in diuinitie for the ful instruction and appeaceme[n]t of the consciences of English Catholikes, co[n]cerning the late oath of pretended allegeance. Togeather with a cleare & ample declaratio[n], of euery clause thereof, newlie reuewed and augmented by the authoure Kellison, Matthew. 1621 (1621) STC 14911; ESTC S107942 213,012 425

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with his owne bloud But neither he nor any Apostle euer gaue that charge to Princes Fiftelie they differ in the cause efficient for the Ciuill and Temporall Power proceeds from God and Nature by meanes of the peoples election as is in the former Chapter declared but the spirituall power of the Church as it implieth Potestatem ordinis Iurisdictionis in foro interiori is from God immediatelie it being supernaturall and exceeding humane power And although the Ecclesiasticall humane power which inferiour Prelates haue proceeded from superiour Prelates especiallie the Pope yet not from the Prince or Common wealth but from the Pastours and Church So that as the Pope Priests and Church doe willinglie acknowledge the temporall and ciuill power of the Prince Magistrates and Common wealth or Kingdome so the Prince Magistrates and Common wealth must be content to recognize a spirituall power of the Pope Bishops Priests and Church to which obedience is due euen of Princes who are subiect to the Church no lesse then are temporall subiectes to the Prince yea rather more 7. This power all true Christians and Catholickes acknowledge none but Heretickes and Infidels deny The Waldenses Guido Carmel in har VVald Turrecr l. 4. Sūma de Eccl c. 35. Cōc Const sess 8. et 15. a. 14 Luth. a. 27. Dan in Bulla Leon. 10 Cal l. 4. Inst ca. 20 n. 6. 7. as witnesse Guido and Turrecremata as also VVicleph and Hus as the Councell of Constance relateth denyed all Ecclesiasticall power and sayed that Popes and Bishops Decrees and Canons did not bynd any The same is Luthers opinion Caluin affirmeth that neither the Pope nor his mitred Caluin sayeth horned Bishops can bynde mens Consciences by their decrees and ordinances and that for two causes First because they are no true Bishops which yet neither he nor all his secte could euer prooue Secondlie because though they were true Bishops yet they are not legislatours or lawmakers that Tytle agreeing only to Christ only he and his graunt that they may inculcate Gods lawes but make no newe 8. Well it is knowen that is was alwaies the manner of Heretickes to contemne all Ecclesiasticall Authoritie because it condemned them But as I haue alleaged proofes in the former Chapter for Ciuill power of Princes so can I not want argumentes for the spirituall and Ecclesiasticall power when Christ promised PETER that he should be the foundation and head of the Church he promised this power in and ouer the Church Mat. 16. for if PETER be head of the Church he can rule the mysticall bodie and if he can rule the same then can he also make Ecclesiasticall lawes for that is belonging to a superiour of euerie great and perfect communitie as is before shewed Secondlie Christ gaue this power to PETER when after his Resurrection he saied Pasce oues meas Feede my sheepe Ioan. 21. For the office of a Pastour may be gathered by the office of a shepheard who is to gouerne his sheepe to feede them and to defend them from the wolfe and so a spirituall shepheard and Pastour must haue authoritie to rule by lawes to feede by preaching and Sacraments and to defend by censures and his Pastorall staffe and coerciue power Eph. 4. VVhereupon Saint Paul saith that Christ hath giuen to his Church not only Doctours and Prophetes to teach but also Pastours to feede and gouerne And seing that the Church hath as much neede now of a supreame visible Pastour and rather more then at the beginninge it followeth that PETER hath a successour who hath the like Authoritie And seing that all Fathers all Councelles all histories all practise of the Church possession and prescription for 1600. yeares stande for the Pope of Rome he is this successour and he it is that hath the supreame Ecclesiasticall and spirituall power after Christ Thirdlie Mat. 18. Christ commandeth to obey the Church and saith That he that will not giue eare to the Church is to be accounted as an Ethnike and Publican which is a signe that the Church hath Authoritie and Iurisdiction to heare causes and to pronounce sentences to which obedience is to be giuen Fourthlie not withstanding that in the old law of Moyses God determined almost all by him self by his morall iudiciall and ceremoniall lawes yet he gaue power to the Synagogue and her Pastours to interprete the law to resolue doubtes concerning the law and to enact some lawes as occasion was offred And therefore we see with what seueritie God commanded obedience to the Priests saying Deut. 17 Si difficile ●mbiguum c. If thou perceaue that the Iudgement with thee be hard and doubtfull betweene bloud and bloud cause and cause leprosie and leprosie and thou ●●e that the wordes of the Iudges within thy gate do ●arie arise and ge vp to the place which our Lord thy God shall choose and thou shalt come to the Priests of the Leuiticall stocke and to the Iudge that shall be at that time and thou shalt aske of them who shall thew thee the truthe of the Iudgement And thou shalt do what soeuer they that are Presidents of the place which our Lord shall choose shall say and teach thee according to his law and thou shalt follow the sentence c. And he that shal be prooued refusing to obey the commandement of the Priest which at that time ministreth to our Lord thy God and the decree of the Iudge that man shall die and thou shalt take away the euill out of Israel and the whole people shall feare that none asterward swell with pride By which we see that the Highe Priest had Power not only directiue but also coerciue vnder paine of death And we read how the victorie of Iudith ouer Holofernes was celebrated by the Iewes with commandement of a holie daye Iudith vlt. which law was merelie Ecclesiasticall made by the Priests and was not commanded by God his law The like festiuall day was decreed by Mardocheus and receaued by the Iewes in memorie of their deliuerie from Amans tyrannie by meanes of Hester Hester 9. which also was no diuine but an humane and Ecclesiasticall law Likewise the Machabees instituted the feast of the Dedication 1. Mach. 4. Ioan. 10. which Christ afterwards obserued with the rest of the Iewes and yet this was not commanded by God his law Againe Christ commandeth to do that which they who sitt in Moyses Chaire doe saie Mat. 23. but not alwaies what they doe much more would he haue vs to do that Lib. 4. Inst cap. 20. n. 21. Act. 15. which they who sitt in Saint Peters yea Christs seate do command And we read in the Actes which Caluin well saw but glosseth vntowardlie how the Apostles in their first Councell made a new law by which they commanded the conuerted Gentils to abstaine from eating of bloud and things strangled which were now the olde lawe being abrogated things
the Synagogue yet could it not thence be inferred that Princes are to gouerne the Church of Christ For first the Synagogue was more terrene and Lesse perfect then the Church and so as their sacrifices and Priests were terrene in respect of ours so God might haue giuen them terrene Princes for their chiefe Ecclesiasticall superiours which manner of gouernment is not to be made a patterne for the gouernment of the Church of CHRIST this being a more perfect common wealth more spirituall gouerned by more spirituall Pastours enriched with a more spirituall sacrifice and Sacraments Secondlie if Princes then were rulers of the Synagogue it was by Gods speciall and Indiciall law and seing the Iudiciall and Ceremoniall lawes are abrogated they can not binde Christians or if Bilson will needs haue it that Christian Princes must now gouerne the Church because they then ruled the Synagogue one might inferre that the Ministers of England must be circumcized and must offer Caldes because then the Iewish Priests did so VVherfore that law as Ceremoniall and Iudiciall being abrogated we must looke to the new law in which not withstanding there is no one Text or example that giueth Princes the rule of the Church Thirdlie I answere that none of all the Kings alledged by D. Bilson and D. Andrewes did gouerne the Synagogue in Ecclesiasticall matters but did onlie assist the priests that gouerned and punnished Malefactours and transgressours of the law Suarez according to the prescript of the law interpreted by the Priests as Suarez in his answere to our soueraine hath learnedlie declared 6. The second argument against Princes spirituall supremacie shall be this If a Prince hath authoritie to gouerne the Church of his Kingdome either he hath it preciselie because he is a King or because he is a Christian King but by neither of these waies he hath it ergo by no way he hath it Not because he is a King for Kinglie power only medleth with temporall and humane matters and therfore Kings are called Humanae Creaturae 1. Petri. 2. humane creatures and they haue their authoritie from the people in manner afore sayd which people can giue no Ecclesiasticall power that being spirituall and supernaturall yea if Kings as Kings had this Authoritie then the Kinges which raigned in the Apostles time though Infidels should haue been Heads of the Church although they were no members at all and consequentlie NERO should haue been Head of the Church and all the Apostles and the sheepe of Christ had bene committed to a Rauening Wolfe which though it be most absurd to imagine yet TOMSOM as BECANVS in his booke entituled the English Iarre reciteth is not ashamed to auouch it saying Omnes Principes etiam Pagani obiectiuè habent supremam potestatem in omnes omnino personas suorum subditorum generatim in res ipsas siue ciuiles sunt siue sacrae All Princes euen Paganes obiectiuelie haue supreme Authoritie ouer all the persons of their subiectes and generallie ouer their goods whether they be Ciuill or holy Not because he is a Christian King because Baptisme by which he is made a Christian and member of the Church giueth the King no new power no more then it doth to others that are baptized And therfore if before Baptisme he be no Head of the Church neither is he after Baptisme rather Baptisme as aboue we haue seene maketh him a subiect to the Church wheras before he was not and only giueth him a new charge to obey serue and assist the Church VVherby it may appeare how fowlie Doctour ANDREWS was deceiued when he sayd That an Ethnick King when he becommeth a Christian gaineth and getteth a new right and power ouer the Church and Spirituall matters for these are his wordes Quin Rex quiuis Tortura Torti pag. 40. cum de Ethnico Christianus fit non perdit terrenum ius sed acquirit ius nouum in bonis Ecclesiae spiritualibus Yea euery King when of an Ethnike he becometh Christian doth not loose his terrene right but getteth a new right in the spirituall goods of the Church And Citing Bellarmine he sayth Omnia haec Dominus tuus totidem verbis All those things thy Master Bellarmin in so many words affirmeth Bollar lib. 5. de Pont. ca. 2. 3. as though Bellarmine had affirmed that a Pagan King were Head of the Church and had right and power in spirituall matters whereas Bellarmine is too learned to make so grosse an errour and only affirmeth That Pagan Kings are true Princes and Lords of their Countries 7. But perchance they will say that the Prince hath this Authoritie by a speciall Graunt from God him self This they may say but with how little reason may appeare by that which alreadie I haue handled in this Chapter for I haue prooued out of scripture that Christ gaue all Authoritie concerning the gouernment of the Church to his Apostles and their successours and not any at all to Kings and Princes VVhich because our state pleasers perceaued well enough they are enforced to play the Iewes and to alledge examples out of the old law as D. Bilson and D. ANDREWS do which examples not witstanding as I haue shewed do not firt their purpose for they knew and D. ANDREWS confesseth saying Exemplum inde nobis snmendum est Tortura Torti pa. 363. cum in Testaemento nouo nullum habeamus Thence wee must take an example since in the new Testament we haue none that there is not one text or example in the new Testament that giues Princes any power ouer the Church but rather giueth it from them vnto the Pastours 8. Thirdlie if Princes were supreme Commanders in Ecclefiasticall matters and gouerment of the Church the gouernment of the Church should not be Monarchiall which yet is the best gouernment Aristo● l. 8. Eth c. 1● Plato in Poli. Senec lib. 2. de Benef Plut. in opusc ●a de re Homer 2. Iliad Iustorat ad gent. Athan. orat ad Idola Gypr lib. de vanit Idolorū Mat. 16. Ioan. 21. as Aristocle with all the best Philosophers and auncient Fathers do affirme and was in deed chosen by Christ for his Church as the writers of this time prooue out of scripture and especiallie out of those wordes spoken to S. Peter Thou art Peter and on this Rocke will I build my Church and those also Pafce oues meas seede my sheepe but rather if Kinges were euerie one head of the Church in their Kingdomes the gouernmēt of the Church should be Aristocraticall because the Church should be gouerned by diuers Princes which were most inconuenient in the Church and subiect to schismes and tumultes For if euerie King be supreme Head in his Kingdome when a Generall Councell should be called as his Maiestie of England desireth I demand who should call it The Emperour the Kinges of England Spaine and France though they giue him precedence in place and honour yet they pretend by prescription and
Church but by the Magistrate I must tell him that if the Magistrate may punish Hereticks much more may the Church because the Magistrate and Prince as he is not to iudge which is heresie so it pertaines not to him to punish Hereticks Vide Suar●z lib. 4. de legibus cap. 11. heresie being a crime which pertaineth to the Ecclesiasticall not to the Temporall Court and therfore that Princes by their lawes do decree punishments against hereticks they do it by commission from the Church which is the cause why the Church first deliuereth them vp to secular power whence followeth that the Church who giueth Authoritie to Princes to punish Hereticks may do it her selfe when they are wanting in their office which also all the Arguments alleadged do conuince And Widdrington cannot denie Ca. ad ab solendum cap. vergentis c. Excōmunicamus ca. fin de haereticis 15. q. 6. ca. not Sanctorum that the Church doth deliuer vp Hereticks to secular power which is a temporall punishment as also that she casteth them into prison confifcateth their goods makes them infamous vncapable of new secular offices and of the right and lawfull execution of the olde makes them vnable to make their last will or to succeed by Testament yea and that by her decrees they be excommunicated and consequentlie depriued of all Ciuill societie which are in like sort Temporall punishments Moreouer it cannot be denied but that the Councell of Trent sess 25. cap. 3. Commaundeth Ecclesiastical iudges not to vse Censures but when there is vrgent cause and in lieu therof to condemne malefactours to pecuniarie mulctes 3. And if the Church can thus punish ordinarie Christians temporallie she may inflict Temporall punishments vpon Kinges because although Kings as Kings are superiours to their subiectes yet as Christians and Christian Kinges also they are as subiect to the Church as others because as aboue I haue declared the reasō why other Christians are subiect to the Church and her visible Head and Pastour is because they are incorporated to the Church and made members therof by baptisme and consequentlie subiect to the whole bodie and head but Kinges and Emperours are as well incorporated as other Christians being as well baptized and signed with as good and as vndefaceable a caracter of baptisme ergo they are as subiect And then say I If they be as subiect they may by the Churches authoritie be punished aswell as others and not only spirituallie but also temporallie as others may if once it be graunted that hereticall and rebellious Princes may be punished by the Chiefe Pastour by lesser penalties as cōfiscations of goods infamie exile such like punishments which are inflicted on all obstinate hereticks then I shall easilie inferre that they may by the Church be depriued also of their Kingdomes that depriuation being a temporall punishment so of the same order with the others And though it be greater then many others yet why may it not be inflicted for an enormious rebellion or iniurie against the Church This I say to prooue that Princes by the Church may be punished temporallie though the Church alwayes beareth and ought to beare that respect to Princes that she will not vse tēporall punishmēts against Princes no nor any punishment at all but only when holsome admonition will not serue and the Church is much interessed CHAPTER XI The same power of the Pope ouer Princes is prooued by authority of Generall Councells out of which are gathered for the same authority euident and conuincing arguments 1. THe Authoritie of a Generall Councell confirmed by the Pope quoad nos in respect of vs to whom a Councell is better knowen then Scripture though in it selfe not of so great credit as Scripture is the greatest in earth and vnder the cope of Heauen For if a Councell especiallie Generall confirmed by the Chiefe Pastour Act. 15. notwithstanding that it representeth the whole Church containeth all the Chiefe Pastours of the Church and hath in it assembled all the learning wisdome Authoritie and sanctitie yea the holy Ghost for directour may erre who cannot erre And after such Authoritie reiected whome shall we finde of greater Authoritie for interpreting Scripture deciding controuersies clearing doubts and difficulties and enacting holsome lawes Mat. 18. Christs bids vs holde him for no better then an Ethnike and Publican who will not heare the Church and where or when doth the Church more expreslie deliuer her mind or teach with more Authoritie or command with more right to be obeyed then in a Generall Councell ●●au 14. 16. And if in any place or cōmunitie the holie Ghost presideth as certes Christ promised his Holy spirit to his Church and the Apostles and their Successours no doubt in a Generall Councell he teacheth all veritie Act. 15. Hence it is that S. PETER and the Councell holden at Hierusalem sayth Visum est spiritui sancto nobis 1. Tim. 3. It hath seemed good to the Holie Ghost and vs. And if the Church be euer the Pillar of truth it is in a Generall Councell If euer Christ fulfilleth his promise to be there where two or three are gathered together in his name Athan. in epist de Synodie Arim. Seleue. he fulfilleth it in a Generall Councell Wherefore ATHANASIVS calleth the decree of the Councell of NICE Sententiam Apostolicam An Apostolicall sentence and in another place he marueiles how any dare make any doubte Epist ad Epict. Ambros li. 5. epist 32. Aug. ep 162. 118. or moue any question concerning any matters decided in that Councell S. AMBROSE did giue such credit to it that he sayd neither death nor sword should separate him from that Authoritie S. AVGVSTINE calleth the sentence of a Generall Councell the last sentence from which is no appeale and saith that the Authoritie of Councels in the Church is saluberrima most holesome Ciril in dial 1. S. CIRILL of Alexandria calles a Generall Councell Basim immobile fundamētum Gregor epist 28. A ground and immoueable foundation S. GREGORIE the Great honoured the foure first Generall Councels to which the Councell of Trent is equall in Authoritie cōsisting of as lawfull Bishops as the foure Ghospelles to wit for their infallibilitie This I thought good to premise because Widdrington and others seeme not to giue that respect to Councels as the Authoritie of them requireth Let vs now see what the Councels say of this matter in hand and then let me see the face that dareth face out so great Authoritie 2. And first let vs see what the Generall Coūcell of Laterā held in the yeare of our Lord 1215. vnder INNOCENTIVS the third determineth in this matter Surius praefat in hoc Conc. Platina in Innocentie 3. No man sayth Laurentius Surius in his Preface to this Councell can doubt of the Authoritie and generalitie of this Councell because in it were handled matters of Religiō determined
indifferent and not otherwise forbidden Fiftlie Mat. 18. Christ gaue authoritie to his Apostles to loose and bynd by excommunications suspensions and interdicts which actes of Iurisdiction are the spirituall bands and Censures which the Church layeth vpon rebellious Christians as Diuines and Fathers interprete Which power Saint Paul in his second Epistle to the Corinthians insinuateth saying If I come againe I will not spare and againe These things I write absent that being present I may not deale hardlie according to the power which our Lord hath giuen me vnto edification and not vnto destruction 1. Cor. 4. 1. Cor. 5. D. Th. in hac loca Gregor Nyss●in orat aduersus eos qui agre ferunt reprehens Chrysost hom 60● ad pop Ant. Hieron ep 53. And in his first Epistle he sayth VVhat will you in rodde that I come to you or in charitie and the spirit of mildnesse And againe he in absence by his letters and mandatum excommunicateth the incestuous person and deliuereth him vp to Satan Out of which wordes Saint Gregorie of Nisse and Saint Chrysostome do gather the power of Excommunication As also doth Saint Hierom who marueileth that the Bishop in whose Diocese Vigilantius liued did not Virga ferrea confringere vas inutile tradere in interitum carnis vt spiritus saluus fiat With an iron rodde breake that vnprofitable vessel and deliuer him to Satan for the destruction of the flesh that the spirit may be saued So S. AVGVSTIN Aug l 1. de pen. cap. 14. so all Fathers so Caluin him selfe vnderstand this place of the power of Excommunication though Caluin will haue onlie the Presbyterie and companie of Seniours not any one alone to excōmunicate contrarie to the expresse text which telleth vs that Saint Paul alone absent did excommunicate and deliuer vp to Satan VVhere is to be noted that by excommunication stubbern Christians are saied to be deliuered vp to Satan either because they are cast out of the Church where Satan domineereth or else for that they are depriued of the suffrages and helpes of the Church and so more exposed to Satans tentations or lastely because in the Primatiue Church the Deuil by and by seazed and tooke poslession of the person excommunicated 10. Sixtlie as because the law of Nature could not determine particulerly of all particulers Ciuill power was necessarie to gouerne the Communitie and enact lawes conducing to the Temporall state so because God his law hath not determined all particulers it was necessarie the Church should haue power to call Councelles tomake patticuler lawes according to the times and other circumstances 11. Seuenthlie euerie absolute Common wealth hath power in the Prince and Magistrates to gouerne and defend it self to make lawes to punishe Malefactours c. But the Church is an absolute Common wealth and more absolute then a Kingdome this being subordinate to that not that to this ergo it was to haue all spirituall Authoritie necessarie to gouerne and defend it selfe else Christ had not sufficientlie prouided for it 12. Fightlie we are bound to obey Princes lawes and Authoritie in conscience ergo much more the Churches Authoritie and law this being spirituall that but temporall this being the subordinant that the subordinat power as wee shall see herafter And therfore if the Apostle will haue euerie soule to be subiect to Authoritie and higher powers Rom. 13 he will especiallie that they be subiect if they be members of the Church vnto her spirituall power for as SYMMACHVS Pope sayd once to the Emperour ANASTASIVS Si omnis potestas à Deo est Ep. ad Anastaf Imp. magis ergo quae rebus praestituta est diuinis defer Deo in nobis nos deferemus Deo in te If all power be of God much more therfore that power which gouerneth diuine matters Honour thou God ô Emperour in vs and we will honour him in thee CHAPTER IIII. These two Iurisdictions and powers Ecclesiasticall and Ciuill are compared and conferred and the preeminence is giuen to the Ecclesiasticall 1. AS the little world Man called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can not consist without bodie and soule nor the great world without the Sunne and Moone so neither can the spirituall world of the Church flourish any time vnlesse it be supported as by two Pillars by the spirituall and Temporall power and Authoritie But as if the Moone should or could contend with the sunne and would or could disdaine to receaue light from the sunne or would or could encroach vpon the sunnes right in the gouernmet of the day all would be out of order so if one of these powers should be at variance with the other and would not receaue light and direction by the more lightsome or would encroach preposterouslie on the others demaines the Church could not long flourish And as if the body should rebell against the soule the flesh against the spirit sensualitie against reason it would perturbe reasons order and breake the Oeconomie of Morall life so if one of these powers should offer iniurie to the other the Mysticall bodie of Christ his Church would be out of frame Wherfore seeing that Christ the Wisdome of God is the Authout of both he no doubt hath disposed them sweetlie Sap. 7. and consequentlie hath setled some order betwixt them because Quae à Deo sunt Rom. 13. ordinata sunt Those thinges that are of God are ordered And for as much as Pluralitas principatuum non est bona Pluralitie of principalities is not good Arist l. 12. Metaph. cap. vlt. to wit Vnlesse one be subordinate to the other no doubt he hath subiected one of these to the other For which cause in this Chapter I will endeauour to shew which of these powers taketh the precedence which hath the preeminence and superioritie wherin and how farre 2. But because Comparisons betwixt so great Powers and Principalities and especiallie in these our corrupted times are odious I protest before hand that I entend not do detract any right or prerogatiue from either but onely to giue to Caesar and his temporall power what belongeth vnto them and to God and his Church Mat. 21. what appertaineth to them For I confesse and haue prooued that both these Authorities are of God both are excellent and eminent in their kinde both to be honoured both to be obeyed within their limites both so necessarie to the Church of God that it can no more stand without them then the world without Sunne and Moone For take away Temporall power and who shall defend the Church and assist her for the execution of her lawes and sentences Take away the spirituall power and who shall direct and correct the Temporall when it is exorbitant Take away the Temporall and who shall drawe the sworde Take away the spirituall and who shall preach the worde Take away the Temporall and who shall haue care of our corporall and temporall life Take away the spirituall and
Which no man can denie but that it is spoken with the Emperours honour for what more honourable then that the Emperour should be called the sonne of the Church And then say I if he be a sonne he is a subiect no lesse then the sonne to the father The same Doctour in a booke wrote of Priestlie Dignitie sayth yet more Honor sublimitas Episcopalis sayeth he nullis poterit comparationibus adaequari Lib. de dignit sacerd cap. 2. Si Regum fulgori compares Principum Diademati longè erit inferius quàm si plumbi metallum ad auri fulgorem compares quippe cum videas Regum colla Principum submitti genibus sacerdotum exosculatis ecrum dexteris orationibus eorum credant se communiri The honour dignitie and Highnes of a Bishop cannot be equalized by any comparisons If thou compare it to Kinglie lustre and the diademe of Princes thou shalt say lesse then if thou shouldst cōpare lead to the glittering gould for as much as thou seest Kinges and Princes neckes submitted to the knees of Priests and thē selues kissing their right handes to be waranted by their prayers Hom. 4. de verbis Isaiae S. CHYSOSTOME Regi corpora commissa sunt sacerdoti auima Rex maculas corporum remittit sacerdos autem maculas peccatorum Ille cogit hic exhortatur Ille necessitate hic consilio Ille habet armasensibilia bic arma spiritualia Ille bellum gerit cum Barbaris mihi sacerdoti bellnm est aduersus Daemones Maior hic Principatus propterea Rex caput submittit manui sacerdotis vbique in veteri scriptura sacerdotes inungebant Reges To the King bodies are committed to the Priest soules The King forgiueth the punishments of the bodie the Priest the blottes and blemishes of sinnes He compelleth the Priest exhorteth he by necessitie this by counsell he hath sensible weapons this spirituall he makes warre against the Barbares I the Priest am to wage battaile against the deuils Greater is this Principalitie and therfore the King inclineth his head to the hand of the Priest and euerie where in the old Testament Priests did annoint Kinges And againe Siquidē sacerdotiū Principatus est Hom. 5. de verbis Isaiae ipso etiā regno venerabilius ac maius c. Because Priest hoode is a Principalitie and that greater and more venerable then the Kingdome Speake not to mee of the purple and diademe and goulden robes these all be but shadowes and more vaine then springe flowers Speake not to mee of these thinges but if thou wilt see the difference betwixt a King and a Priest way the power giuen to them both and thou shalt see the Priest fitting much higher in dignitie then the Kinge For a though the Throne of a Kinge seeme to vs admirable for the pretious stones wherewith it is couered yet he hath allosted him onely the administration of earthlie thinges But to the Priest a throne is placed in heauen and he hath authoritie to pronounce sentence in heauenlie businesses Who sayth so Mat. 18. The King of the heauens him selfe What soeuer you shall bynde vppon earth shall be bound also in heauen and whatsoeuer you shall loose vppon earth shal be loosed also in heauen What can be compared with this honour from earth heauen taketh the principall power of iudging For the iudge sitteth on earth our Lord folioweth his seruaunt and whatsoeuer he shall iudge heere below that he approueth aboue And a little after Eoque Deus ipsum regale caput sacerdotis manibus subiecit not erudiens quod hic Princeps est illo maior Siquidom id quod minus est benedictionem accipit ab eo quod praestantius est And so much God hathsubmitted the Kinges head to the handes of the Priest teaching vs that this Prince is greater then he for he that is lesse receaueth benediction from him that is greater Yea S. CHYSOSTOME giueth not only Bishops but also euen Deacons Hom. 33. in Matth hom 83. in eund Authoririe ouer Kings Si dux igitur quispiam saieth he si Consul ipse si qui diademate ornatur indignè adeat cohibe ac coërce maiorem tu illo potestatem habes If therfore any Capitaine or Consul if he that is adorned with a diademe approach vnworthilie keepe him backe and restrayne him thou hast greater power then he And to this purpose we read that S. Re. MIGIVS the Apostle of France Histoire de l'Eglise de Reins lib. 1. cap. 13. a little before his death commanded the Bishops to excommunicate the Kinges of France if they should waste or inuade the Churches But aboue all most forcible is the testimonie of Ignat. Epist ad Smyrn S. IGNATIVS an Apostles scholler who so extolleth Princelie dignitie that yet he giues the precedence vnto the Bishops authoritie Honora Deum sayth he vt omnium authorem Dominum c. Honour God as the Authour and Lord of all and the Bishop as the Prince of Priests bearing the Image of God and houlding his princedome of him and his Priesthood of Christ And after him you must honour also the King For none is to be prefered before God nor equal to him nor none more honourable in the Church then the Bishop exercising the Priesthood of God for the saluation of the world Neither is any equall to the King in the Hoste or Campe procuring peace and beneuolence to the other Princes vnder him For he that honoureth the Bishop shal be honoured of God and he that dishonoureth him shall of God be dishonoured For if any man rising against the King is worthie of damnation how shall be escape Gods Iudgements that attempteth any thing against or without the Bishop For Priesthood is the Chiefe and summe of all mans good which wh● soeuer disgraceth dishonoureth God and our Lord IESVS Christ the Chiefe Priest of God 11. Sixtlie this I proue by Emperours and Kings proper confession who all of them haue acknowledged Bishops and especiallie the Chiefe Bishop of Rome their Fathers Pastours and superiours and those that haue supreame authoritie ouet them CONSTANTINE the Great in an ●ict of his shortely after his baptisme ●saieth thus Cap. Cōstantinus 2. dist 96. Vtile iudicauimus c. vt sicut in terris Beatus Petrus Vicarius filij Dei videtur esse constitutus it a etiam Pontifices qui ipsius Principis Apostolorum vices gerunt Principatus potestatem amplius quàm terrenae Imperialis Nostrae Serenitatis mansuetudo habere videtur concessam à nobis nostroque Imperio obtineant Wee haue Iudged it profitable that as blessed Peeter is appointed the vicaire of the sonne of God in earth so also Bishops who are Vicegerents of this Prince of the Apostles should haue more amplie the power of principalitie graunted by vs and our Empire Ruffin lib. 1. cap. 2. then our terrene Imperiall Serenitie seemeth to haue And Russinus relateth how that when certaine Bishops assembled at
appertained to military affaires And so from the first establishing of the law of Moyses the Temple and Synagogue was committed to the Tribe of LEVI the scepter and regall Authoritie was giuen to the Tribe of IVDA in like sort in the law of Grace when the Church came to her greatest perfection Christ appointed particularly Apostles Doctours Ephes 4. and Pastours to gouerne the Church and confirmed Princes in their temporall Authoritie commanding that obedience should be giuen to the Pastour in spirituall matters and to the Prince in temporall Mat. 22 Rom. 13 2. VVherfore least in giuing one of these Potentates too much Mat. 22 I may do iniutie to the other I must follow our Sauiours Commandement and so giue to Cesar that which belongeth to him that I take not from God and his Church what appertaineth to them And although in giuing both but their due I may perchance displease one yet if I may haue that indifferent audience which the grauitie and equitie of the cause requireth I hope to offend neither and how soeuet it happen I had rather displease then do wronge or iniurie And wheras in our Iland by the sway of Authoritie and terrour of lawes it hath bene made High Treason to denie the Prince Authoritie in matters Ecclesiasticall I protest that what I shall say in this matter proceedeth not from any disloyall minde towards my Princes true Authoritie nor from any itching desire I haue to lay open the disgrace of my Countrie which I would rather couer if it were possible with my owne life and bloud and to discharge my self from all iust imputation of Treason I desire to haue the leaue to plead this onlie for my defence that if this be Treason in mee not onlie all Catholick Priests Doctours and Prelates of the Church but also all the ancient subiectes not onlie of England but of all other Christian Countries must incurre the same imputation with me because there was neuer Christians before our English Protestants that gaue Ecclesiasticall power to Princes and there was neuer King of England or of any other Countrie what soeuer that euer was so hardie as to challenge such Authoritie before King HENRIE the Eight which his Challenge seemed so preposterous and monstrous that all the World stood and to this day standeth amazed at it and euen our Puritanes at home and all the new sectes abroade do abhorre and derest it And I in this Chapter shall bring such Argumentes against it that I hope that euen our English protestants who hitherto haue adored it wil be ashamed hence forth to submitt them selues to so monstrous Authoritie 3. My first Arguments shall be drawen from scriptures them selues For if the King had any such Authoritie then no doubt scripture which ●s aboue wee haue seene so often inculcateth Princes Authoritie in matters temporall would neuer haue kept silent this Ecclesiasticall power if they had had any such this being the greater and more eminent but scripture neuer giueth Princes this Authoritie neuer commandeth Christians to obey them in Ecclesiasticall matters but rather giueth that Authoritie to Apostles Bishops and Pastours and Commandeth obedience in this kinde to them not to Princes ergo Princes haue no Authoritie to command in Ecclesiasticall matters The Minor Proposition in which onlie consists the difficultie I proue out of those places of Scripture which aboue I haue alleaged and here will bring in againe yet to another purpose For to S. PETER no Temporall Prince but an Apostle and Pastour was promised the headship of the Church and consequently the soueraintie and supreame power of the Church Tues Petrus super hane Petram aedificabo Ecclesiam meam Mat. ●6 The Hebrew hath● Thou art a Rocke and vpon this Rocke will I build my Church And seing that to PETER it was sayd Thou art a Rocke to him also and not to CHRIST the Chiefe and independent Rocke nor to the faith of Christ as our Aduersaries would haue it it must needs be sayd and vpon this Rocke will I build my Church because the Relatiue This hath relation to him that was spoken of imediatly before which was only PETER not CHRIST nor the faith of CHRIST and therfore the Rocke and foundation of the Church and Head being all one it followeth that PETER and consequently the Pope his successour for the Church after PETERS tyme had as much neede or rather more of a Head and Pastour as in PETERS tyme and none euer practized Authoritie ouer all the Church but the Pope as all Councels and histories do witnesse is the supreme Head of the Church and so not euerie King no not any King in his Kingdome Apostles Prophetes Euangelists Pastours and Doctours onlie CHRIST gaue to gouerne his Church as S. PAVLE sayth not Princes Ephes 4. Mat. 18 To Apostles it was sayd VVhat soeuer you shall binde vpon earth shall be bound also in Heauen and what soe-euer you shall loose vpon earth shall be also loosed in heauen Ioan. 20 Neuer to Princes To Apostles it was said VVhose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained Neuer to Princes Of Bishops and Priests it was sayd Neb. 13. Obey your Prelates and be subiect to them for they watch as being to render account for your soules of Princes neuer rather they by these wordes are commanded also to obey Act. 20. To Bishops it was sayd Take heed● to your selues and the whole flocke wherein the Holie Ghost hath placed you Bishops to rule the Church which he hath purchased with his owne bloud to Princes neuer To a Bishop it was sayd Tit. 1. For this cause I left thee in CRETE that thou thouldst reforme the things that are wanting and thouldst order Priests by Cities as I also appointed thee To Princes neuer 4. I will not denie but that Princes are to assist the Church by sword scepter and Power and to punnish at the Churches direction not onlie Theefes and murderers but also Hereticks as CONSTANTINE and other Emperours did I graunt that they are nourcing Fathers Isay 49. but no Superiours to the Church And therfore if we read ouer both the old and new Testament we shall neuer finde that any King as King medled in the gouernment of Ecclesiasticall persons and matters 5. Bilson when he was VVardon of VVinchester wrote a booke called The True Difference betwixt Christian subiection and Vnchristian Rebellion in which he striueth but in vaine to prooue that the Prince hath supreme Authoritie in causes Ecclesiasticall and gouernment of the Church And to prooue this he citeth Nabuchodonosor Darius Par. 2. pag. 191 the King of Niniue Moyses Iosue Dauid Salomon Asa Iosaphat Ezechias Manasses Iosias and Nehemias as though they had gouerned the Ecclesiasticall affaires of the Synagogue In Tortura Torti pa. 363. So doth also D. ANDREWES But if I should graunt them that all these were by God appointed Rulers of
he may make Ecclesiasticall lawes propose the word of God by preaching and true interpretation of it in Councels separate heretikes from the sheepefould by excommunication least they peruert others Yea if the Prince be supreme Head of the Church all Authoritie of preaching administration of Sacraments calling Councels iudging and defining in them collation of Benefices giuing of orders Iurisdictions absoluing dispensing excommunicating proceedeth from him VVherefore King HENRIE the Eight as he challenged the Title of supreme Head so he challenged almost all this Authoritie as we haue seene And to Queene ELIZABETH in the first Parlament and first yeare of her raigne the like authoritie was graunted Vide Sander de Schis Angl. fol. 149.150.151 See also Poultons Abbridgement of the statutes For in that Parlament it was decreed that she her heires and successours should haue all priueledges preeminences prerogatiues and spirituall superiorities which may be exercised or had of any power or man Ecclesiasticall That she and her successours should haue all power of nominating and substituting whom she will to correct heresies schismes abuses and to vse all authoritie which an Ecclesiasticall Magistrate may doe There also it was decreed that no Synode shoulde be called but by the Princes letters and commandement and that a Bishop should not be nominated or elected by any other then the Princes Authoritie nor should exercise any Iurisdiction but at the Queenes pleasure nor otherwise then by Authoritie from her Regall Maiestie And hence it is that the Prince writeth to the Archbishop in this manner For as much as all Iurisdiction as well Ecclesiasticall as secular proceedeth from Kinglie power as from the Head we giue thee Power to promote by these presents to holy Orders c. And the Archbishop of Canterburie vseth this stile VVe N. by the Diuine permission Archbishop and Primat of England authorised sufficientlie by the Kinges or Queenes Maiestie c. This argueth that in England all Ecclesiasticall Iurisdiction to excommunicare absolue to preach and minister Sacraments to call Synodes to decree in them to make Ecclesiasticall lawes c. proceedeth from the Prince as from the Head and fountaine and consequentlie seing that what Authoritie the Prince giueth to others he hath him self hee may excommunicate make Ecclesiasticall lawes call Councels sitt as supreme Iudge in them as others by his Authoritie doe And seing he can giue to others Iurisdiction to giue Orders he may also minister Sacraments preach and teach for this Authoritie he giueth to others And therfore as in all Common wealthes the Prince can do those thinges which his inferiour Officers do though it be not alwaies so conuenient so if all Ecclesiasticall power proceedeth from the King as from the Head and fountaine looke what the Bishops and Ministers can do by Authoritie receaued from him that he also him self may do which yet is so ridiculous that our Princes hitherto haue bene ashamed of manie of those offices and as we shall see anon euen the Protestants of England when they are pressed are ashamed of this monstrous Authoritie 14. Seuenthlie if Christian Kings for few of our Aduersaries dare say that Pagan Kings haue Ecclesiasticall Authoritie be heads of the Church it followeth that till CONSTANTINE or PHILIP the first Christian Emperours the Church was without a head for three hundred yeares If you say that S. PETER and his successours were heads till CONSTANTINE then I demaund who deposed Pope SYLVESTER when CONSTANTINE came to be Christian and consequently Head or if S. SYLVESTER was not deposed then it followeth that there were two Heads at once and those not subordinate 28. Eightlie I prooue this by Kings and Emperours Confessions And as towching Kings wee haue seene their Confessions in the former Chapter As for Emperours CONSTANTINE as we haue seene called the Bishops of the Nicen Councell Ruffinus li. 1. cap. 2. Euseb lib. 4. de vita Constāt cap. 24. his Gods and Iudges and as Eusebius reporteth he was wont to say to Bishops Vos ô Episcopi intra Ecclesiam ego extra Ecclesiam à Deo Episcopus constitutus sum You ô Bishops in affaires with in the Church I in matters without the Church am appointed pointed Bishop by God Meaning that he was to be a vigilant Prince in the gouernment of the Empire but not to meddle with Ecclesiasticall affaires And therfore when the Donatists in a matter pertaininge to the Churches deciding appealed from a Councell of Bishops holden by Pope MEICHIADES vnto him Non est ausus saieth S. August epi. 162. Augustin Christianus Imperator sic eorum tumultuosas fallaces quaerelas suscipere vt de iudicio Episcoporum qui Romae sederant ipse iudicaret He durst not so to admit their complaints as to Iudge of the Bishops who in Rome had sit in Iudgement Yea OPTATVS saieth Optat. lib. 1. cont Parm. circa finem That when he saw they appealed in such a matter vnto him he exclamed O rabida furoris audacia sicut in causis Gentilium fieri solet appellationem interposuerunt O VVood mad audacitie of furie they haue interposed an Appellation as is wont to be done in the causes of Gentils Tortura Tort. pa. 174. VVheras Doctour ANDREWS saith that CONSTANTIN delegated the Bishops to heare the Donatists cause I demande wheron he groundeth that for if he might delegate he might haue iudged of the Bishops sentence and yet S. AVGVSTIN saieth he durst not And although at last ouercome by their importunitie he heard them yet not as Iudge but as an Arbiter THEODOSIVS the yonger sent Counte Candidianu● to the Councell of Ephesus With this caueat That he should not meddle in Ecclesiasticall matters because illicitum est eum qui non sit ex ordine sanctissimoram Episcoporum sese Eccelesiasticis immiscere tractatibus It is vnlawfull for him that is not of the order of most holy Bishops to entermeddle him selfe in Ecclesiasticall treaties and affaires But Doctour ANDREWES answereth Tortura Torti pa. 175. That it is no good Argument to say A Count can not meddle in Councels ergo an Emperour cannot But he should haue remembred that this Count was sent to supplie the Emperours place and therfore if he as the Emperours Ambassadour could not meddle in Councels neither could the Emperour him selfe He should also haue marked the Emperours reason which was because it is vnlawfull for him that is not of the order of Bishops to meddle in Ecclesiasticall affaires which reason aswell excludeth the Emperour as the Count vnlesse Doctour ANDREWES will make all Kings and Emperours Bishops VALENTINIAN the elder saied Sozom. 16 ca. 7. 2.1 Sibi qui vnus è laicorum numero erat non licere se huiusmodi rebus interponere It was not lawfull for him who is one of the layitie to meddle in such matters And although Doctour ANDREWES would expound Zozomen who reporteth this speech of the Emperour by Nicephorus Hist Tri. part lib. 7.
regna dat coelestia That Christ is come why dost thou dread O Herode thou vngodlie foe He doth not earthlie Kingdomes reaue That heauenly Kingdomes doth bestow 4. And so although CHRIST were euen as man a Temporall King yet he not actually raigning him self it is not likelie that he should giue any such authoritie to S. PETER and the Pope his successour And although hee had actually raigned him self yet it is not necessarie that he should giue that Authoritie to S. PETER for hee had also the power of Excellencie by which he might command euen Infidels not baptized and by which he instituted a Church Sacraments and a Priesthood which S. PETER and the Pope his Successour can not doe Certes none can denie but that CHRIST might haue giuen S. PETER supreme Iurisdiction spirituall ouer the Church without Temporall because as spirituall power is not necessarily annexed to the Temporall as I haue proued in the former Chapter so Temporall power is not necessarily ioyned to the spirituall and therfore seing that neither the law of God nor Nature nor man giueth any such Temporall Iurisdiction to the Chiefe Pastour of the Church why should either he challenge it or we giue it him especiallie it being a thing verie inconuenient and odious that either the Church or her Chiefe Pastour should haue any such Temporall power For if it were so that the Church or her supreme Pastour had any such soueraintie it would deterre all Pagan Kings and Princes from our Religion fearing least the Church by her absolute Authoritie might depriue them of their Kingdomes Crownes and Scepters at her pleasure And hence it is that the Popes them selues confesse that they haue no Imperiall nor Kinglie Authoritie giuen them by CHRIST but rather that these two powers are in distinct subiects So NICHOLAS Pope sayth Cum ad verum ventum est c. Ca. cum ad verū d. 96. Vide supra pa. 66. et pag. 78. VVhen it came to the vnderstanding of the truth neither did the Emperour take vnto him the rights of Bishop-like Authoritie nor did the Bishop vsurpe the name of the Emperour because the same Mediatour of God and men man Christ IESVS hath distinguished the offices of both powers by their proper and distinct dignities as that Christian Emperours for attaining eternall life should neede bishops and Bishops should vse the Imperiall lawes for the cause onely of temporall things And S. BERNARD Bern. li. 2. de Cōsid ca. 6. Nam quid tibi aliud dimisit Sanctus Apostolus quod habeo inquit tibi do c. VVhat other thing did the holie Apostle leaue vnto thee what I haue saith hee I giue thee VVhat is that One thing I know it is neither gould nor siluer seing that he sayth gould and siluer is not with mee Bee it that by some other way thou maist challenge this vnto thee yet not by Apostolicall right for he could not giue thee that which he had not VVhat he had he gaue sollicitude as he sayd ouer the Churches Did be giue thee rule and domination not ouer-ruling the Clergie but made example of the flocke and doost thou thinke this to be spoken onlie out of humilitie not in veritie the voice of our Lord is in the Ghospell the Princes of the Gentils ouer-rule them c. but it shal not be so amongst you 5. But although the Pope and Chiefe Pastour of the Church hath no direct Temporall power but only in his owne Temporall Patrimonie and Kingdome by which he may dispose of Kingdomes Crownes and scepters yet he hath a Spirituall power which may directlie and ordinarilie dispose of spirituall matters and indirectlie and in some extraordinarie case of the Temporall also that is when it shall be iudged necessarie for the consernation of the faith or Religion or the Churches lawes and right or some other great and necessarie good I say the Pope hath no direct power ouer Princes for then he might limit their power abrogate their lawes and depose their persons at least for some iust cause though it did not concerne either faith or the Churches right or necessarie good as the King can deale with his Viceroy and any of his subiects and then Princes should not be absolute and independent who yet as aboue is declared in Temporall matters and so long as they exceede not the bounds of their authority by commanding things contrary to Gods law or the Churches Canons acknowledg no Superiour in earth neither Pope nor Emperour nor Common wealth For as for the Emperour all Princes who are not his Vassals as the Kings of Spaine England and France are not as they acknowledge him Superiour in dignitie and therfore will and must giue him the precedence whersoeuer they meete yet they are not subiect to him nor bound to obey him vnlesse it be when the Pope the Chiefe Pastour and hee the greatest Prince in dignitie shall thinke it necessarie that all Christian Princes contribute or concurre for the defence of Christendome against the Turke or such like Common enemie As for the Pope I graunt that CHRIST gaue him no Temporall power at all which aboue I haue prooued for that Temporall power which he hath in Italie hee had not by Christs immediat graunt but onlie by Constantines and other Emperouts and Princes donation which donation supposed and confirmed also by Prescription and his subiects yea all the Christian worlds consent that part of Italie which he possesseth is as trulie appertaining to him as England is to the King of England France to the King of France and Spaine to the King of Spaine onlie the Pope cannot transfer his Kingdome to his Heyres as they may because it cometh not to him in particular by hereditarie succession but onlie by election Yea if the Pope were by the law of God a Temporall Soueraine Prince ouer all the world other Princes should holde of him and CONSTANTINES donation by which he made him Temporall Prince of Italie had been no donation but restitution As for the Common wealth I haue aboue declared how it hath despoiled it self of all authoritie and by translating it to the King is trulie a subiect and like a priuate person and so hath no power ouer the King vnles it be in case of intollerable Tyrannie as aboue is explicated 6. I say yet that the Pope hath an Indirect power ouer Kings euen in Temporall mattters which power notwithstanding is not Temporall but spirituall nor any distinct power from his spirituall supremacie but euen the self same And therfore GREGORIE the Seuenth in his deposition of HENRIE the Fourth sayth that he deposeth him by the power he hath from S. PETER of binding and loosing And although his Pastorall and Spirituall power directly and ordinarily hath the menaging only of spirituall matters and so directly and ordinarily exerciseth it self in excommunicating interdicting and suspending frō Spirituall offices calling Councels and deciding controuersies of faith in them in making
carnall but mightie to God vnto the destruction of Munitions destroying Councels and all loftinesse extolling it self against the knowledg of God and bringing into Captiuitie all vnderstanding vnto the obedience of Christ and hauing in a readinesse to reuenge all disobedience And a little after quam dedit nobis Dominus c. which power our Lord hath giuen vs to edification not to your destruction Vpon which places S. CHRYSOSTOME sayth Chrysost hom 22. in ep ad Cor. Ad hoc potentiam accepimus vt aedificemus Quod si quis obluctetur tum demum altera quoque facultate vtamur eum diruentes ac prosternentes To this end we haue receaued power that we may edifie But if so be any stand out or become obstinate then may we vse another meanes pulling him downe and prostratinge him Which place as some think prooueth that the Chiefe Pastour may inflict Temporall punishment euen on Princes And therfore S. Aug. ep 50. ad Bonifac. Augustine hence prooueth that hereticks may he punished Temporally But at least it prooueth that the Pastours and especially the Chiefe Pastour of the Church haue not onlie Authoritie to preach and minister Sacraments but also to chastise offenders by spirituall Censures which power CALVIN in his Commentaties on this place affirmeth to be grounded on the text of S. MATTHEW before alleaged Mat. 18. VVhatsoeuer you shall binde on earth c. to which purpose he applieth that place of HIEREMIE Hier. 1. Behold I hane appointed thee this day ouer the Gentils and ouer Kingdomes that thou mayst pluck vp and destroy and waste and dissipate and build and plant which wordes insinuate power to dispose euen of Temporall Kingdomes and Authoritie and at least by Caluins Confession signifieth power to excommunicate and to inflict Spirituall paines which excommunication is no lesse paine and punishment then a Spirituall band and chayne wherewith the soule is chayned then a banishment from the Church of God then a deliuerie vp to Satan then a cutting of from all communion with the Church For as they who are obedient Children of the Church are partakers of three communions and communications Aug. li. 1 cont aduers legis proph cap. 17. Aug. ser 68. de verbis Apost habetur c. Omnis Christia nus 11. quast to wit of conuersation one with another of Sactaments and of suffrages prayers satisfactions and merites so he that is excommunicated is depriued of all these three goods Wherefore S. AVGVSTIN sayth that it is grauius malum excommunicarià Sacerdotibus Dei quàm si quis gladio feriretur flammis absorberetur aut ferisobijceretur It is a greater ill to be excommunicated by the Priests of God then if a man were kild by the sword consumed by fire or cast vnto wild beasts to be deuoured And againe Omnis Christianus qui à sacerdotibus excommunicatur Sathanae traditur c. Euery Christian that is excommunicated by the Priests is deliuered vp to Satan How so Because out of the Church is the Diuell as within the Church Christ and so hereby he is as it were deliuered vp to the diuell who is separated from Ecclesiasticall communion and societie Hence I deduce this Argument The Chiefe Pastour of the Church can excommunicate a Rebellious Prince and by excommunicating him depriue him of all the Spirituall Treasures of the Church as Sacraments suffrages merites and satisfactions yea he can cut him cleane from the Church and deliuer him vp to Satan ergo he can when it is necessarie for the good of the Church depriue him of Temporall goods and euen of his Kingdome I prooue the consequence because he that can inflict the greater punishment can inflict the lesser but it is a greater punishment to be cut of from the Church and to be depriued of her spirituall goods and graces then to be depriued of Cities countries and Temporall Kiugdomes ergo the Chiefe Pastour that can cast a Prince out of the Church can cast him out of his Kingdome 2. I know our Aduersaries will deny for all this my consequence as VViddrington doth because not alwayes he that can do more can do lesse but onlie then when the more and the lesse are of the same kinde and nature As for example he that can carrie fiftie pound weight can carrie fiue and twenty pownd weight and yet he that can discourse and reason which is more can not flye which is lesse because reasoning and flying are not of the same kinde and nature But yet for all this my illation and consequence is like to that of the Apostle S. PAVL 1. Cor. 6. which can not be denyed For sayth he If the world shall be iudged by you are you vnworthie to iudge of the least thinges know you not that we shall iudge Angels how much more secular things And the self same Argument vseth GREGORIE the seuenth to prooue that he might depose HENRIE the fourth for in the Instrument of that Emperours deposition speaking to the Apostles S. PETER Vide Baron tom 11. an 1080. n. 11. and S. PAVL he prooueth that they by him and he by authoritie receaued from them may depose the aforesaid Emperour because sayth he you by Popes your successours haue often taken Patriarchships Primacies Archiepiscopall and Episcopall Dignities from the wicked and vnworthy and haue bestowed them on Religious men Si enim spiritualia iudicatis quid de secularibus vos posse credendum est si Angelos dominantes omnibus superbis Principibus iudicabitis quid de illorum seruis facere potestis For if you iudge spirituall things what may we thinke you can do concerninge things that be secular and temporall And if you shall iudge Angels that haue dominion ouer all proud Princes what may you do with those that be their seruants and inferiours Where we see that not onlie GREGORIE the seuenth but also S. PAVL do vse the like Argument to that which I vsed and prooue that they who can iudge of spirituall matters may much more of temporall For although it doth not alwaies follow in good consequence that a man can do the lesser because he can do the greater as besides the alleaged example manie others do conuince for a man can speake which is more and yet he can not barke like a dog which is lesse yet when the things are of the same nature or at least not altogether disparate and independent the Consequence is good VVherfore seing that Temporall things are ordained to a spirituall end if not of their owne nature yet by God his institution who hath ordained vs vnto a supernaturall end as aboue I haue declared and consequentlie are subordinate and as it were meanes to a further end it may be sayd by good consequence as S. PAVL and S. GREGORIE the seuenth say The Chiefe Pastour can iudge and dispose of Spirituall things ergo he can iudge and dispose of Temporall things when they are necessarie to conferue the spirituall and
power because as I haue saied the Communitie at first had authoritie to choose which gouernement in particuler it thought most conuenient is not to be ascribed immediatly to God D. Tho. 1.2 qu. 90. a. 3● and. qu. 105. a. 1 ad 1. a second cause being found out sufficient to produce such an effect And so the Kings authoritie in particuler and taken determinatlie is not immediately of God or Nature but cometh to him by meantes not only of the peoples designation but also of the peoples gift and donation D. Th. 1.2 q. 105 ar 1. ad 1. and 2.2 q. 10. art 10. Caieta ib. Bellarm to 1. lib. 3. cap. 9. Suarez l. 3. de leg c. 4. Almai li. de potest eccl cap. 1. Prou. 8. Rom. 13. And this opinion is holden by the best Diuines both aunciēt and moderne But this not withstanding it is most true which God saith Per me Reges regnant Kings raigne by me To which his Apostle subscribeth sayeing Non est potestas nisi à Deo itaque qui potestati resistit Dei ordinationi resistit There is no power but of God therfore he that resisteth the power restisteth the ordinance of God because Kinges authoritie proceedeth mediatelie from God to wit by meanes of the authoritie of the Communitie which proceedeth immediatelie from God and Nature and it is also Gods prouidence that Kinges raigne ouer vs and God as the first cause cooperateth to their election and creation and approoueth also the same But yet for all this the people is a second cause of Kinges authoritie 13. If any obiect that Saul and Dauid were immediately created by God Kinges of the Iewes I answere that God in this preuented the people for the peoples good for otherwise the Iewes by lawe of Nature had authority to choose and create them selues a King as is already prooued Neither doth it hence follow that the people is aboue the King or is not bound to obey the King or can depose the King at their pleasure for although the people at the first created the King yet they created him not as a simple Magistrate or officer but as an Absolute Prince and they dispoiled them selues of authoritie to giue it to the King as to one that can better rule then the confused multitude and became as it were 〈◊〉 priuate personne subiect not superiour ●o to King and so the Kinges power now 〈◊〉 so long at least as he is not an intolle●able Tyrant is not depending of the people ●nd no meruaile because many effectes which depend of their causes in fieri and in ●heir first production depend not of them ●n facto esse and conseruation So the Sonne ●●ueth after his Father and fruite may be extant after the tree is consumed and we giue many thinges franckly and freelie which afterwards we can not at our pleasure ●ake away VVherfore as a freeman selleth ●im self freely but after the sale is so bound to his Maister that he can not free him self at his pleasure but remaineth will he nill he a subiect and bondman who before was a freeman so the people before the election of their King is free superiour but after is a bounden subiect and inferiour though by a Ciuil not despoticall subiectiō And so supposing this election the people is bound in conscience to obey their King as superiour and cannot now depose him vnles it be in case of intollerable Tyrannie for then the common opinion holdeth D. Thom. Opus 20. de Regi Princ. cap. 1. Sotus l. 4 de Iust Iure q. 1. a. 3. q. 4. a. 1. Rom. 13. that the Authoritie which the people had in the beginning to create him returneth againe by deuolution to depose him but must obey him in lawfull thinges though he be difficile and gouerne not altogether as he should doe according to that Omnis anima potestatibus sublimioribus subdita sit let euerie soule be subiect to higher powers and againe Itaque qui potestati resistit Dei ordinationi resistit therfore he that resisteth the power resisteth Gods ordinance And againe Ideoque necessitate subditi estote VVhich in Greeke is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ideo necessit as est subijci Therfore be subiect of necessitie and yet againe Subiecti estote omni humanae creaturae propter Deum 1. Pet. 2. siue Regi quasi praecellēti c. Be subiect therfore to euerie humane creature for God whether it be to the King as excelling c. And as in the same chapter Saint PETER commandeth seruants to be subiect in all feare to their Maisters not only to the good and modest but also to the waiward so the people is bound to obey Kings Vide Lessium li. 2 dei ●st iure c. 9. dub 4. though Waiward and difficile yea though they be Tyrantes so that their first entrance be lawfull and they not deposed yea though their entrance were by vnlawfull Inuasion so that the people generallie did afterwards consent and accept of them as their Princes and superiours for to a superiour whilest he remaineth superiout and commandeth lawfull thinges obedience is due otherwise be he neuer so lawful if he command things vnlawfull we must obey God before men Act. 5. and the King before the Viceroy 14. But against that which I haue saied of the creation of Kinges by the peoples election some may obiect that nowadaies in all Europe almost all Kinges are made by succession as are the Kings of Spaine France ●nd England To this I answere that though this be so yet the source and origin of this is also the peoples election For at the first ●excepting those Kinges which extraordi●arilie were giuē immediately from God to the Iewes the people chose or approued ●he King but perceauing what difficultie and daunger also of tumults and sedition would ensue if after the death of their King they should be to seeke and stand vpon election of another they were con●ent that the lawfull heires of the first King ●hosen should succeed to his father without newe election although when the ●ewe King is crowned the peoples consent is demanded and the King is sworne vnto them And in Spaine the Archbishop of Toledo receaueth the Kinges oath in the name of the Church and people In France the Archbishop of Rhemes In England the Archbishop of Canterburie and so all Regall power though not immediatelie yet originallie cometh from the peoples election and donation 15. And therfore wee see that the Kinges power in diuers countries is diuersly limited as in France and England where many of the Kinges lawes are not taken to be of force vnles the Parlament of states concurre to the making or confirming of them which limitation VViddrington ascribeth to the King In Resp Apol n. 174. pa. 137. as though he did voluntarilie thus limit him self But who seeth not how vnlikely it is that Kinges should thus restraine their owne power and tye their owne hands
morall It must needs followe that the spirituall power excelleth the temporall as much as the obiects endes and actes of that doe surpasse this 7. Fourthlie that power is greater to which euen the Princes them selues are subiect then that to which the subiects and people onlie are subiect not the Prince for though the Prince be subiect to his owne sawes quoad vim directiuam yet not quoad vim ●perciuam but the Prince is subiect to the spirituall powet of the Church as much as ●he lowest and meanest of his subiects ergo ●he spirituall power of the Church is more ●minent then the Temporall power of the Prince or Common VVealth The Maior ●roposition is euident The Minor I shall ●rooue in the next Chapter wherfore the ●onclusion must needs followe 8. Hitherto I haue prooued that the spi●ituall and Ecclesiasticall power is more ●minent and noble then the Temporall ●nd consequentlie that the spirituall is ●igher in dignitie but whether it can com●and correct curb or restraine the tem●orall I haue not as yet either prooued or declared for many things are more highe in dignitie then others which yet haue no authoritie to command or punnish As for example the Protestants of this time will not lett to graunt that the Pope is the highest Patriarch in dignitie yet they say he can not command out of his particular Diocese of Rome and all Diuines graunt that the power of the Church is more noble then any power of Princes or Emperours that being spirituall and supernaturall this onely temporall and yet they say that they that are not baptized be they Princes or subiects are not subiect vnto it so as the Church can command or punnish them spirituallie And the King of France is more eminent in dignitie then any of the noblest subiects of England or Spaine and yet hath no authoritie to command or punnish them for faultes committed out of his Realme Wherfore it resteth that I prooue that the Church by her spirituall and Ecclesiasticall power can command all Christians euen Heretickes that are baptized And this besides what hath been saied in the former Chapter to the proofe thereof I shall briefely yet cleerely shew by these ensewing arguments 9. For first the Ecclesiasticall superiours are true Pastours of the Church ergo they can not only direct but command and correct at least by spirituall paines and chastisements The Antecedent I prooue out of scripture Pasce oues meas Feede my sheepe Ioan. 21. saied Christ to S. Peter and his successours and all Pastours in their kinde Ad Eph. 4. Christ saieth S. Paul gaue to his Church some Apostles some Prophetes and other some Enangelists and other some Pastours and Doctours Act. 20. And the same Apostle speaking to Pastours sayth Attendite vobis c. Attend to your selues and your whole flocke To which purpose also S. Peter addeth saying 1. Pet. 5. Pascite qui in nobis est gregem Dei Feede the flocke of God which is in you The consequence I prooue because to a Pastour it belongeth not onlie to feede by Sacramentes and the word of God but also to rule to gouerne and correct and consequentlie the Pastours of the Church can make lawes which bynd all Christians their subiectes in conscience and they can correct and punnish ●he delinquents at least by spirituall chastisements of Excommunication and other Censures 10. Mat. 18. Secondlie Christ gaue power by his Apostles and successours to bynde and loose which argueth Iursdiction 11. Thirdlie the Apostles and their succes●ours haue vsed this Authoritie ouer Chri●tians Act. 15. 1. Cor. 5. Tit. 1. 1. Cor. 7. 2. Cor. 10 for they enacted lawes in their first Councell Saint Paul excommunicated the ●ncestuous Corinthian They appointed Bishops and Priests to gouerne particuler Churches Saint Paule distinguisheth his ●wne power of making lawes from Christs And hee saith Arma militiae nostrae non carnalia sunt sed potentia Deo ad destructionem munitionum c. The weapons of our VVarfare are not carnal but mightie to God vnto the destruction of munitions destroying Counsels and all loftinesse extolling it selfe against the Knowledge of God c. and hauing in a readinesse to reuenge all disobedience c. 12. Fiftlie I proue it by a Theological Argument By Baptisme Christians are made true members of the Mysticall bodie of Christs Church no lesse then subiects are of the Kingdome or Politicall bodie D. Tho. 3. p q. 63. art 6 q. 68. a. 1. q. 69. a. 4 5. yea more because they are incorporated to the Church by a reall supernaturall and indelible Caracter But all members are so subiect to the head that the head by Authoritie may command correct and punish them if they transgresse ergo the Pastours of the Church and especiallie the chiefe Pastour hath Iurisdiction ouer all those that are baptized be they true Christians or Heretickes or Apostataes This I confirme by this congruence Euerie one is bound to the lawes of the Realme in which he was borne by reason that his natiuitie in that place maketh him a true member of that Kingdome as our Soueraine Liege himselfe well obserueth In praef monitor pag. 12. And seing that Baptisme is a regeneration and newe natiuitie by which we are borne in the Church for euen the Children of Heretickes though they be baptized by Heretickes if they be trulie baptized are borne in the Churche it followeth that all that are baptized are bound to obey the Church and chiefe Pastour of the Church to obserue her lawes and may be punished by the Church if they transgresse the same else the Church which is the most eminent state and Common wealth should be inferiour vnto the lowest and meanest Politicall common wealth that is for there is no lawfull common wealth but it can make lawes and punish the transgressours 13. Sixtlie the Church is an absolute Common VVealth and consequentlie hath Authoritie to make lawes to appoint spirituall Magistrates to call Councels and to decide controuersies to correct and punish Heretickes and Blasphemers and all sinne which are properlie opposite to her gouernment and Ecclesiasticall peace but this supposeth a legislatiue an commanding and not only a directiue but also a coerciue power ergo the Church and especiallie her chiefe Pastour Christs Vicaire hath such Authoritie l. 2. ff de Iurisd omnium Iud. cap. Praeterea de officio delegati This Argument I confirme thus The Ciuill lawe telleth vs Cui iurifdictio data est ea quoque concessa esse videntur sine quibus iurisdictio explicari non potuit To whom iurisdiction is graunted those things also seeme to be graunted without which the iurisdiction could not be explicated And againe Ex eo quod causa alicui committitur super omnibus quae ad causam ipsam spectare noscuntur plenariam recipit Potestatem In that a cause is committed to any he receiueth full power ouer all things which are known to pertaine
man euen he that thinketh it by intrinsecall principles of reason and argument to be false frame a conscience that it is probable for the extrinsecall principles as the multitude learning and vertue of the Authours that holde it and consequently might sweare that he for these principles thinkes it probable yet he can not sweare as is cōmaunded by this Oath from his hart and before God that VViddringtons opinion is true and that therefore absolutely the Pope can not depose a Prince for any heresie or rebellion against the Church because as is before sayd he knowing that many hould contrarie to VViddrington and that farre moe are against him then with him who are as likelie yea more likelie to haue found out the truth then he he can not sweare absolutely that the Pope can not in any case depose Princes for that were to sweare that a thing false as I haue prooued or at least but probable as VViddrington confesseth is so certaine that the contrarie is most certainely false which is to sweare an vntruth and to commit periurie For as it is periurie to sweare that that is true which we know to be false so is it periurie to sweare that to be absolutely true which yet is doubtfull or at least but probable 23. Hence may easilie be gathered that this Clause of the Oath wanteth all the three companions of a lawfull Oath and so cannot be taken First it wanteth Iudgement because in deed as appeareth by my former arguments there is no iust cause or reason to sweare that it is probable much lesse that it is assured which is euen by VViddringtons owne acknowledgement but probable and so it is rash and wanteth Iudgement Secondly it wanteth Veritie for besides that I haue prooued aboue that VViddringtons opinion is false derogating to faith and Church yea scriptures and reasons and consequently that to sweare that it is true were to sweare an vntruth and to committ periurie VViddrington him selfe confesseth his opinion is but probable and consequentlie to sweare that it is vndoubtedlie true and the contrarie false is to sweare also an vntruth because it is false that that which is but probable is assuredlie true Thirdlie this Clause wanteth Iustice because it is an iniurie to the Pope to sweare absolutely that he hath no power nor Authoritie to depose Princes he hauing so assured and at least as I haue prooued so probable claime and Title to this Authoritie Widdr. supra euen by VViddrington his owne confession who acknowledgeth that the Popes who deposed Princes followed a probable opinion although he must also fay that all those Popes though holie and learned committed great in iustice in deposing thē they being in possession and hauing also probable right if those Popes had but probable Authoritie as aboue I haue declared 24. This might serue to reiect this Clause as altogether vnlawfull to be sworne but yet for more full satisfaction of Catholicks in this point I will bring another Argument to prooue that it can not in consciēce be sworne Because this Clause importeth that the Pope neither by him selfe nor by any another Authority or meanes can depose the King or dispose of any of his maiesties Dominions or authorize any forraine Prince to anoy him or inuade his countries or discharge any of his subiects of their alleageance or to giue licence or leaue to any of them to beare armes raise tumults or offer violence or hurt to his Maiesties Royall person state or gouernment or any his Maiesties subiects c. Wherein also is such difficultie that I can not see how in a matter so doubtfull or not so certaine a man may sweare so peremptorily and vndoubtedly Who so pleaseth to read Franciscus de Victoria that learned Dominican shall finde that he setteth downe diuers Titles by which the Spaniards might iustly inuade subdue the Indians which Titles whether any Christian Prince may haue to inuade England or any other countrie I will not dispute but onely alleadge them that the Reader may see that it is not so euident that a man may take this Clause of the Oath in so generall termes as is lyeth Victoria his opinion being no waies condemned but rather approoued by many Victoria Relect. de Indis Insulanis Titulis quibus Barbari potuerint venire inditionem Hispanorum 25. The first Title pertaining to this matter which Victoria alleadgeth is the Authoritie which the Pope hath to send Preachers euen to Infidels much more to Christian Countries that be hereticks because ouer these he hath spirituall Iurisdiction And although Paganes can not be compelled to imbrace Christian faith yet the Christian Preachers after they haue giuen reason of their Embassage may preach by that Authoritie which CHRIST gaue to his Apostles and successours when he sayd Euntes docete omnes gentes baptizantes eos c. Mat. 28 Going therfore teach yee all nations baptizing them c. And if the Paganes would hinder their preaching or after they haue preached hinder the conuersion of Infidels and the fruit of preaching they may with the souldiours whome they carrie with them force them to permitt them to preach and to permitt all that will to heare them and not to hinder their spirituall good and conuersion and if otherwise they cannot pursue nor defend this their right they may make warre vpon those that hinder them and pursue all those thinges which are lawfull in a iust warre And by this Title saith Victoria the Spaniards might make warre vpon the Indians if otherwise they could not preach the Christian faith nor withstand the obstinate Pagans who would hinder their conuersion that desired to be Christians And thus Victoria would say that the Pope might send Preachers to England and might desire and licence some Catholicke Prince to assist and defend the Preachers in procuring hereticks conuersion And if any hereticks woulde not permitte the Catholicke Doctours to preach or would hinder the conuersion of those that would be Catholicks the forraine Prince licenced by the Pope might in manner aforesaid as Victoria thinketh for I will say nothing of my selfe make warre vpon the English and seeing that warre cannot vnles by reason of ignorance be iust on both sides the English especially who are Catholicks could not defend those that oppose them selues against this Prince who assisteth the Preachers Thus would he say but as I so honour my Prince and loue my countrie that I desire not that any such Title should take place in England so I will not dispute of it 26. Another Title sayth Victoria by which the Spaniards might make warre on the Indians is if after some of them be conuerted to the Catholicke faith the others would force them to Idolatrie for then sayth he the Spaniards might by armes defend them they being become now their freinds and fellowes 27. A third Title sayth he might be this If the Indiās by lawfull or vnlawfull meanes that is by peaceble preaching
3. which S. AVGVSTINE sayth is a greater euill then to be killed by a sword consumed by fier or cast vnto wild beastes to be deuoured who doubteth but that he should be called the principall cause of the deposition he compelling the subiectes therunto by so great a punishment 40. Likewise as a forreine Prince may and is bound sometimes to defend Innocents so the Pope may licence and authorize yea and commaund him so to do he hauing authoritie as VViddrington auoucheth to commaund a Prince in tēporall matters and if at the Popes commaundement this Prince make warre vpon the Prince that intolerably molesteth Innocents in their faith and Religion as Victoria in the place before alleaged saith he may that which the Prince shall doe against the other tyrannizing Prince in the pursewing of his iust warre the Pope shal be said to do hee being the commaunder and consequently the principall agent And yet by this Clause of the Oath the subiects are commaunded to sweare that the Pope hath no authoritie to authorize any forreine Prince to anoy the King of England or to inuade his countries which is to abiure at least a probable opinion as certainely false which how it can be done with a good conscience I report me euen to VViddringtons large conscience But be this spoken to shew the daunger of swearing this Clause not to giue any scope against Kings or Princes whome I honour as God his Images and his Vicegerents in Earth The Third Clause Also I sweare from my heart that notwithstanding any declaration or sentence of excōmunication or depriuation made or graunted or to be made or graunted by the Pope or his successours or by any authoritie deriued or pretended to be deriued from him or his Sea against the said King his Heires or successours or any Absolution of the sayd subiects from their obedience I will beare faith and true alleageance to his Maiesti● his Heires and successours and him and them will defend to the vttermost of my power against all conspiracies and attempts what soeuer which shal be made against his or their persons their crowne and dignitie by reason or colour of any such sentence or declaration or otherwise and will do my best endeuour to disclose and make knowne vnto his Maiestie his heires and successours all Treasons and Trayterous conspiracies which I shall knowe or heare of to be against him or any of them 41. Widdr. in Disp Theol. ca. 4. sect 1. n. 1. seqq Here VVIDDRINGTON insulteth against the learned Cardinall Bellarmine though the Phoenix for controuersies of this our age Cardinall Bellarmine sayth he Gretserus and Lessius contend that by this Clause is denyed to the Pope power to excommunicate which yet sayth he this Clause seemeth to suppose and the King professeth he had not the intention to denie But although this Clause seeme to suppose and the King in wordes seemeth to confesse or at least not to denie the Pope Authoritie to excommunicate yet in effect they denie it For depriuation of Regall Authority being an effect of excommunicating which ordinarily followeth excommunication of Kings and Princes in the deniall of the effect the cause is denied For as if you should say A man is not risibilis you should denie him to be homo so in denying that the Pope can depriue Princes of their Kingdomes you denie in effect tha he can excommunicate 42. Here WIDDRINGTON in his Newyearesgift insulteth against me for saying as he makes me to say that depriuation of Regall Authoritie is an effect of Excommunication as necessarilie following Excommunication as risibile followeth homo But if we looke into the matter narrowlie we shall finde he triumpheth before the victorie and counteth his chickins before they be hacht For first if we speake of the power of Excommunication and depriuation of which I speake but two lines before these wordes at which VViddrington carpeth I had shewed in the seauenth Chapter before that the power to excōmunicate which the cbiefe visible Pastour hath is one and the selfe same power with the power of depriuation and deposition which one power hath two actes and effectes the one principall and first intended called actus primarius and this is Excommunication or such like spirituall Censure and punishment the second is depriuation deposition and such like Temporall chastisement and correction which is actus secundarius a secundarie acte of the Chiefe Pastours spirituall power secondarilie intended when the first will not preuaile And these two actes are necessarilie belonging to the Popes spirituall power of Supremacie not that this power must needes alwayes exercise both or either of them but because the Pope can not haue this power but he must haue facultie to exercise them when a iust cause requireth it and so these two actes being necessarilie belonging to the Popes Supremacie he that denyeth him power to depriue or depose a Prince denyeth in effecte that he hath power to Excommunicate it being one and the selfe same power because the denyall of an effect necessarilie belonging to a cause is a virtuall denyall of the cause euen as to deny that fier can heate or rarifie is to deny it to be fier and to deny a man to be risibilis is to deny him to be man Secondlie if we speake of these two actes of this power although WIDDRNIGTON knoweth that the learned SVAREZ alleaged by him 2. p. Append contra Suarem sec 4. affirmeth that the suspension of Kinglie Authoritie is an effect of the acte of Excommunication I did not say that depriuation is alwayes an effect of the acte of Excommunication well knowing that although both these are so necessarilie belonging to the Popes power of Supremacie that it can not be without possibilitie of exercising them yet it is in his free choise to exercise either both or either of them and so he may excommunicate and not depriue and he may depriue as he did King CHILDERIC See Cap. Alius 15. q. 6. alleaged by me pag. 250. and not excommunicate And therfore I sayd onlie that depriuation of Regall Authoritie being aneffect of excommunication which ordinarilie followeth Excommunication of Kinges and Princes in the denyall of the effect the cause is denyed c. where WIDDRINGTON leaueth out those wordes which ordinarilie followeth because those wordes would haue made it plaine that I say not that depriuation is an effect of Excommunication in all Excommunicate persons but in Kinges and Princes nor alwayes in excommunicated Princes because a Kinge may be excommunicated and not deposed and he may be deposed as CHILDERIC King of Fraunce was and not Excommunicated but oftentimes and ordinarelie Cap. Alius 15. q. 6. because the Chiefe visible Pastour vseth not by name to excommunicere a Prince but he also ordinarilie especiallie in these later Ages deposeth him and for two reasons also the one because he ought not ordinatilie to proceede to so seuere a temporall punishment before he haue tryed whether the