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A73418 Roger Widdringtons last reioynder to Mr. Thomas Fitz-Herberts Reply concerning the oath of allegiance, and the Popes power to depose princes wherein all his arguments, taken from the lawes of God, in the Old and New Testament, of nature, of nations, from the canon and ciuill law, and from the Popes breues, condemning the oath, and the cardinalls decree, forbidding two of Widdringtons bookes are answered : also many replies and instances of Cardinall Bellarmine in his Schulckenius, and of Leonard Lessius in his Singleton are confuted, and diuers cunning shifts of Cardinall Peron are discouered. Preston, Thomas, 1563-1640. 1619 (1619) STC 25599; ESTC S5197 680,529 682

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For although the Councell of Trent hath denounced anathema l Sess 4. against all them who shall not receiue for sacred and canonicall the entire bookes of holy Scripture with all their parts as they are accustomed to be read in the Catholike Church and are extant in the ancient vulgate Latine edition and hath ordained and declared that this ancient and vulgate Edition which by long custome of so many ages hath beene approoued in the Church shall be receiued for Canonicall in publike lessons disputations sermons and expositions and that no man shall dare or presume to reiect it vnder any pretence for which cause the said Councell hath moreouer ordained that heereafter the holy Scripture and especially this ancient and vulgar Edition shall bee printed very correctly which Decree of the Councell Pope Sixtus the fifth vndertooke to execute printing that vulgate Edition in the Vaticane and by a speciall Bull prefixed to the beginning thereof commanded that all men should take that and none other for holy Scripture which Edition because sundry errours were found therein Pope Clement the eight printed more correctly Neuerthelesse Mr. Fitzherbert is not afraide to cite contrary to the said decrees this place of holy Scripture otherwise then it is found in the vulgate Edition 11 For whereas in the vulgate Edition wee reade thus and thou shalt come to the Priests of the Leuiticall stocke and to the Iudge that shall be at that time Mr. Fitzherbert translateth it and to the Iudges in the plurall number But which importeth more whereas the wordes following a little after are thus in the vulgate Edition But he that shall be proud 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 c. Mr. Fitzherbert with small respect to the aforesaid Decrees citeth the wordes thus But he that shall be proud refusing to obey the commandement of the Priest which at time ministreth to our Lord thy God that man shall die by the decree of the Iudge and thou shalt take away c. So that the sentence of death is in this place denounced by the expresse appointment of God not onely against him who shall not obey the commandement of the Priest but also against him that shall not obey the decree of the Iudge 12 Now whether this Iudge was a temporall or a spirituall Iudge and if he was a temporall Iudge whether he was subordinate to the High Priest or no it is a controuersie among Catholike Diuines Mr. Fitzherbert affirmeth that this Iudge may very well be vnderstood to be the High Priest himselfe who was the supreme Iudge in the Councel of Priests and albeit he were a temporall Iudge neuerthelesse I say saith Mr. Fitzherbert it is euident that the finall decision of doubts and controuersies in that consistory and consequently the supreame authoritie resided in the High Priest seeing that the said Iudge if hee were a different person was no other then a Minister c. 13 But albeit this Iudge may be vnderstood to be an inferiour spirituall Iudge subordinate to the high Priest as Abulensis affirmeth vpon that place and not the high Priest himselfe by reason of the coniunction copulatiue and but he that is proud refusing to obey the commandement of the high Priest and the decree of the Iudge which coniunction and saith Abulensis denoteth the Iudge to be a different person frō the high Priest neuerthelesse this Iudge may also be very well vnderstood to be a temporall Iudge and in temporall causes independent on the high Priest And truely the reason which Mr. Fitzherbert bringeth to prooue that this Iudge if he were a temporall Iudge was onely a Minister of the high Priest is of small force for that to prooue the same he alledgeth as you haue seene the words of the holy Scripture otherwise then they are in the vulgate Edition seeing that it is onely ordained in the law that he who should be so proud as to disobey the commandement of the high Priest and the decree of the Iudge should die those words by the decree of the Iudge are neither in the Hebrew nor in the vulgate Edition declared so to be by Pope Sixtus and Clement And therefore Mr. Fitzherbert must not take it ill if I giue no credite to his bare I say and that I doe preferre the exposition of the Glosse of Nicolaus de Lyra vpon that place who affirmeth that this tribunall to which in doubtfull cases the Iewes were bound to haue recourse did consist both of spirituall of temporal power and that the one was independent on the other before his bare I say which is onely grounded vpon a false allegation of the words of the holy Scripture 14 The words of the Glosse vpon that place are these Hîc agitur c. Here it is treated sayth he of superiour Iudges to whom there ought to be made recourse in doubtfull and difficult matters and some things are put for example when it is said betweene bloud and bloud that is when one part of the Iudges doe say that the shedding of bloud of such a man is to be punished with death because it is reduced to wilfull murther an other part saith no because it is to be reduced to chance-medley Cause and cause to wit when one part of the Iudges saith that the cause of the plaintife is iust and an other the cause of the defendant Leprosie and not leprosie to wit when one part saith that the disease of such a man is leprosie and an other saith it is not Arise and goe vp c. In these cases and such like there must be had recourse to superiour Iudges to wit to the high Priest and to the Iudge of the people of Israel And sometimes it happened that both offices did concurre in one person as it is manifest in Holy who was Iudge and high Priest of the people 1. Reg. 4. but more commonly they were distinct persons as also offices Therefore this recourse may be vnderstood to both ioyntly and this was in causes which could not be decided by one without the other as in the building of the temple which could not be performed without Kingly authoritie nor ordered without the direction of the Priest or seuerally to both that in spirituall causes there should be recourse to the high Priest and in temporalls to the Iudge And from this grew the custome that from inferiour Ecclesiasticall Iudges there is made appeale to the chiefest Bishop and from inferiour Princes and Secular Iudges to the King or Emperour Thus writeth the Glosse whose doctrine in this point Mr. Fitzherbert will neuer be able to prooue to be improbable 15 But secondly although I should for Disputation sake grant Mr. Fitzherbert which he is neuer able to conuince that this tribunall Consistorie or Councell to which in doubts and difficulties of the law when the