whosoeuer hath a flux of seede and is polluted vpon the dead as well man as woman cast ye out of the campe 20 So likewise it belongeth to the Priests of the new Law to declare what is the Law of Christ and to iudge what is heresie vsurie or any other crime forbidden by the law of Christ and to command temporall Princes to roote out hereticks vsurers and such like malefactors by the meanes of temporall punishments for all this doth not exceede the bounds of spirituall authoritie but it doth not belong to the Priests of the new law as they are Priests to giue sentence of death or to punish temporally heretikes vsurers or any other malefactours by inflicting temporall punishments but only to temporall Princes who haue in their hands and power the sword of life and death and who therefore as I obserued o Disputat Theolog. ca. 7. sec 2. nu 17. Bannes 2.2 q. 11. ar 4. q. 1. in fine out of Bannes may pardon sometimes the punishment of death and punish heretikes in some other manner 21 And therefore to as little purpose also is that which Mr. Fitzherbert next adioyneth that God gaue also to the high Priest an infallibilitie of doctrine and iudgement in causes of doubts and controuersies euen of temporall matters For I willingly grant that the high Priests of the old Testament had an infallibilitie of doctrine and iudgement at least wise for many yeares together in doubts and controuersies euen of temporall matters which could not be determined by the law yea and a greater infallibilitie of doctrine and iudgement then is now in the new law in doubts and controuersies of particular facts as whether they should ouercome in such a warre how such an inheritance of particular men was to be deuided c. Either because as well obserueth Abulensis Abulensis q. 3. in 17. Deut. in fine Abulensis q. i9 in cap. 22. lib. 1. Reg. in Defensor part â— cap. 41. the high Priest did iudge in the presence of some Prophet to whom the truth was reuealed by God or because they did know the secrets of things by the plaâ—es of the Priests vestement which was called the rationale wherein was contained doctrine and truth whereof we haue treated saith Abulensis Exod. 28. 22 Or thirdly as the same Abulensis obserueth when the high Priest consulted our Lord about any thing by entering into the Sanctuary in the day of Expiation which happened but once a yeere for on that day the Priest did speake vnto our Lord within the Sanctuary and did heare him speake in the Propitiatory as hath beene declared Leuit. 16. For therefore it was commanded that at what time the high Priest did enter into the Sanctuary no man should be in the Tabernacle to wit least he should heare those things which were spoken in the Sanctuary Thus Abulensis none of which wayes to finde out the truth infallibly in any doubtfull matter is ordinarily granted to the Priests of the new Law Neuerthelesse it can not from hence bee sufficiently concluded that the high Priests of the old Law had a soueraigntie of temporall authoritie or in temporall things but onely in spirituall for that as well obserueth the saide Abulensis p Q. 23. in cap. 11. Num. to instruct in the questions of the Law and to consult almighty God was a spirituall thing 23 But that which Mr. Fitzherbert immediately addeth that the Leuites and Priests were separated wholly from temporall and ciuill state in such sort that they had no dependance thereon is very vntrue and Cardinall Bellarmine himselfe acknowledgeth the contrarie to bee probable q Supra nu 6. For as I aboue obserued out of S. Bonauenture S. Thomas Abulensis and many other learned Diuines in the Olde Testament the Priesthood was subiect to the Kingdome and Priests were directly subiect to the King as Laymen were to wit in temporalls as it appeareth saith Abulensis Num. 17. where God said that Eleezar who was the high Priest and the rest of the Israelites were subiect to Iosue who was a Secular Prince to wit of the tribe of Ephraim yea and in the time of Moses Aaron who was the high Priest was in temporalls subiect to Moses and for that cause called him his Lord Exod. 32. although in spiritualls Aaron was greater then Moses Q. 10. in 9. Leuit. Moses saith Abulensis expounding those words of Leuit. 9. and Aaron stretching forth his handes to the people hee blessed them was in temporalls greater then Aaron because hee iudged the whole people as it is contained Exod. 18. Chap. and he commanded the people those things which they ought to doe But in spiritualls Aaron was simply greater then Moses For Aaron was the high Priest but Moses one of the simple Leuites Also because Aaron had directly a right to minister but Moyses had onely this for want of Priests but this hee had not by any order or ordination And if thou say that Moses was greater then Aaron because hee commanded him to doe these sacrifices and whatsoeuer he did I answere saith Abulensis that it is not inferred from this because Moyses did not therefore commaund these things as hauing authoritie to commaund by some Prelacie or Order but because hee was the messenger of God relating those things which God had commaunded whereupon it is not properly saide that Moyses did commaund but that hee did declare the things to be done 24 But if thou yet obiect that Moyses was greater then Aaron because Moyses did consecrate Aaron It is answered saith Abulensis that it is not deduced from this for therefore Moyses did consecrate Aaron because there was no high Priest that could consecrate him nor also then any inferiour Priests for that as well the high Priest as the inferiour Priests were consecrated and yet neuerthelesse this consequence is not of force this man doth consecrate that man therefore hee is greater then hee For the Pope is consecrated by a Cardinall Bishop of Hostia who is inferiour to the Pope and after his consecration the Pope doth command him that consecrated him So also it happened among the high Priests in the Olde Testament For except the consecration of Aaron which was done by Moyses who was no Priest to wit by ordination but onely by the speciall priuiledge of God as the same Abulensis declareth q. 7. in cap. 17. Exodi and except the consecration of Eleazar which was done without any ceremonies as we shewed at large Exod. 19. all the later consecrations of the high Priests were done by inferiour Priests therefore Moyses was not greater for that he consecrated Aaron but Aaron was greater and because as the Apostle writeth Hebr. cap. 7. alwaies the lesser is blessed by the greater it was fit that the blessing ouer the people should bee done by Aaron Thus Abulensis See him also q. 2. in cap. 2. Num. 25 Now Mr. Fitzherberts next argument is as insufficient as the former I added further
peaceably maintaine his owne right 16 Neither were those Iudges whom the Apostle commanded or aduised the Corinthians to appoint any other then Arbiters or Arbitratours in power although we should grant that they were to be chosen by common consent and not by the parties only who were in suite which neuerthelesse cannot be conuinced by the Apostles words For albeit the Apostle doeth not say which is the onely reason that D. Schulckenius bringeth to prooue D. Schulck in Apol. ad nu 269 pag. 445. that they were to be chosen by common consent that euery man must choose to himselfe an Arbiter for Arbiters are not to be chosen by the consent of one only partie but by the consent of both yet the Apostle doeth not say that the whole Church of the Corinthians is by common consent of all to choose the Iudges of such causes as D. Schulckenius without any sufficient ground affirmeth but rather Saint Paul saith the cleane contrarie For these bee his words If therefore you shall haue secular iudgements the contemptible that are in the Church set them to iudge wherefore the Apostle speaketh only to those Corinthians who shall haue secular iudgements that is as Iustinian well expoundeth who shall haue controuersies strifes to bee debated and not to the whole Church vnlesse we suppose that the whole Church shall bee at strife among themselues and also hee speaketh with a condition that if the Corinthians shall bee at strife they shall appoint men to decide their controuersie so that the parties who shall bee at strife and not the whole Church vnlesse the whole Church shall bee at strife are according to the Apostles command or aduise to appoint men to iudge or decide their controuersie 17 But be it so that the Apostle should not say if you shall haue secular iudgements appoint contemptible persons to iudge and decide your controuersies but he should say because it may be and it is very like to fall out that you shall haue now and then secular iudgements therefore I will haue you to choose before hand by common consent same contemptible persons to iudge and decide those controuersies which shall heereafter arise among you which neuerthelesse were to wrest the words of the Apostle which of themselues are very plaine yet it is cleere that these Iudges were in power meere Arbiters or Arbitratours and had no publike and lawfull authoritie of themselues to giue iudgement to which the parties were in iustice bound to stand but they receiued their power and authoritie to giue iudgement and to make a finall end of controuersies from the parties who were at strife and who for the auoyding of scandall which the infidels might take seeing their strifes and contentions submitted themselues to their decision and arbitrement 18 That they were Arbiters or Arbitratours S. Chrysostome Chrysost in 1. Cor. 6 Almain de potest Eccle. Laica q. 1. cap. 10. Abulens q 96. in cap. 20. Mat. Salmeron tom 14. disp 9. Iacobus Almainus Abulensis and Salmeron a learned Iesuite doe in expresse words affirme And also that they had no publike power but onely priuate and if we may so call it compromissorie which they receiued from those priuate persons who werein suite and by their mutuall promise and consent gaue power to those Arbiters to iudge and make a finall end of their controuersies k in Apol. nu 271. I prooued by the authoritie of S. Thomas and the glosse of Nicolaus de Lyra vpon that place for that according to their doctrine the appointing of those arbitrarie Iudges did nothing derogate from the subiection and obedience which the Christians did owe to Heathen Princes and that they were bound to appeare before the Heathen Magistrate and consequently to stand to his iudgement when they should be called to his tribunall and that the Apostle doth onely forbid the faithfull Corinthians to goe willingly and haue recourse to Heathen Iudges in those causes which may bee determined by the faithfull 19 From whence it euidently followeth that the power of these Iudges was onely priuate arbitrarie or compromissorie and not publike for if they had publike authoritie to decide Secular causes without the expresse or tacite consent of the Secular Prince it must needs derogate from the subiection which they did owe to the Secular Prince neither could the Heathen Iugdes haue lawfull power to reuerse that sentence which was giuen by those Christian Iudges if the cause had bâ—ne before decided by sufficient and publike authoritie of a more eminent power and tribunall which must also be a derogation to their authoritie and to the subiection which in Secular causes is due to Secular Princes And this also Benedictus Iustinian doth very plainly insinuate when he affirmeth that by this any man may easily vnderstand that the Apostle doth not speake of lawfull iudgements which are exercised by Magistrates and publike Iudges by publike authoritie but of those who by the common consent to wit of those who are at strife are appointed debaâ—â—rs of ciuill controuersies and that this right and authoritie of the Apostle to command humane and ciuill things doth not repugne to the publike authoritie of Iudges and Magistrates for that no man is compelled to goe to the Magistrate if by other waies he may peaceably maintaine his owne right 20 By which it is euident that this manner of iudging which the Apostle commands was not legall or done by publike authoritie and that these Iudges were not Magistrates and who had publike authoritie And therefore although these arbitrarie Iudges were appointed by the declaratiue commandement of the Apostle for the auoyding of scandall yet their power was only priuate and compromissorie and was giuen them by the mutuall consent of both parties in so much that if either of the parties who were in suite would not haue obeyed the Apostles commandement admitted of those Arbiters but would haue had recourse to the tribunal of the Heathen Magistrate although by disobeying the Apostles commandement and by scandalizing Christian Religion he should haue greatly offended yet he should not haue offended against iustice in wronging either of those Christian Iudges or the other partie that would not willingly goe to the Heathen Magistrate against which without doubt he should haue offended if hee had refused to obey the sentence of his lawfull and legall Iudge and who had full power and authoritie to decide and end the cause 21 And by this it is very cleere that my Aduersaries conclusion is very vntrue to wit that the Apostle did intermeddle in the temporall and politike gouernment which then belonged to the Pagan Emperour for this had bene to derogate from the ciuill subiection due to temporall Princes but he did onely intermeddle with the priuate and peaceable composition of secular controuersies among the faithfull Corinthians which euery Christian without any publike authoritie or any preiudice to the same might doe and which the Apostle by his Apostolicall
and spirituall power might command the Christians to doe and by spirituall Censures compell them so to doe when otherwise they should scandalize the Christian faith and religion And this very answere did I giue in my Apologie to this text of holy Scripture which was vrged by Card. Bellarmine to prooue that the Pope had power to depose and put downe Secular Princes as the Apostle had power to appoint and set vp new Iudges in Secular causes for I denyed his consequence because the appointing and setting vp of those Iudges did nothing derogate from the subiection due to Secular Princes for that they were onely Arbiters or peaceable composers of secular causes with the consent of the parties who were at strife but the putting downe of Princes or depriuing them of their Royall authoritie doth greatly derogate or rather quite ouerthrow and abolish their temporall soueraigntie 22 To which answere of mine D. Schulckenius onely replieth l In Apolog. pag. 444. That although these Iudges whom the Apostle commanded the Corinthians to appoint had not indeede vim coactiuam in foro externo a coactiue power in the externall Court and that if either partie would not obey the Apostle and goe to the Iudges appointed by the Church but would bring his cause to the publike tribunals of the heathen Magistrates the other partie was bound there to appeare and there to debate his cause yet they were not meere Arbiters or voluntary Iudges For Arbiters are chosen by the parties but these were chosen by the common consent of the Church and were appointed by publike authoritie by the command of the Apostle who was a spirituall Prince Besides none are bound to admit Arbiters vnlesse they will but Christians were bound to admit these Iudges and were forbidden to goe to the tribunals of Infidell Princes Moreouer the Saints are not to iudge the world and Angels as Arbiters chosen by them but as true Iudges and as sitting with Christ the supreame Iudge 23 But all this is easily satisfied by that which I said before For although the faithfull Corinthians were by the publike spirituall authoritie of the Apostle commaunded to choose those Iudges or Arbiters yet it doth not from thence follow either that those arbitrarie Iudges were to bee chosen by the whole Church and not onely by the parties that were at strife or that the Apostle for that he was a spirituall Prince had either himselfe publike authoritie to decide secular causes or could giue the same to any other But because the Christians were bound by the Law of God to compound their controuersies among themselues by way of arbitriment and not to bring their causes to the hearing of Heathen Iudges in case they should thereby scandalize the Christian Religion therefore the Apostle might by his publike spirituall and Pastorall power command them and also with spirituall Censures compell them so to doe 24 And although these arbitrarie Iudges were to be chosen by the whole Church and by the common consent of all the faithfull Corinthians which neuerthelesse can not bee sufficiently gathered from the Apostles wordes yet it doth not therefore follow that they were not meere Arbiters or voluntarie Iudges in power or which is all one that they had more then arbitrarie priuate or compromissorie power For it is not materiall by whom a publike or legall Iudge or else an Arbitratour or compromissorie Iudge bee chosen but from whom they receiue their authoritie to iudge as a true proper and publike Iudge may sometimes bee chosen by the people as is the Recorder of London by the Citie and the Chancellours of Oxford and Cambridge by the Vniuersities but it is the Kings Maiesty that giueth them publike authoritie to iudge And Achiters or voluntary Iudges may be chosen by the common consent of the people to decide by way of arbitrement or voluntarie submission all ciuill controuersies which shall arise among them yet seeing that they are onely Arbiters or haue onely arbitrarie voluntarie priuate or compromissorie power the parties onely who are at strife doe giue power to iudge and to make a finall end of their controuersies And although abstracting from scandall none are bound to admit Arbiters vnlesse they will yet if by not admitting them they should scandalize the Christian Religion as the Corinthians did they are bound to admit them or which is all one to giue them arbitrarie voluntrary or compromissorie power to decide and determine their controuersies 25 True also it is that the Saints are not to iudge the world or the bad Angels as Arbiters yet in what manner they are to iudge whether by onely assisting our Sauiour and approouing or applauding his sentence or by being Assessores supremi Iudicis Christi by sitting in seates of honour with Christ the supreme Iudge as Noble men and Iustices of peace do sit vpon the bench with the chiefe Iudge of Assises or in any other more peculiar manner it is a controuersie among Catholike Diuines although it be certaine that the Saints shall not be true and proper Iudges as Iudges are properly taken howsoeuer D. Schulckenius doth seeme heere to affirme the same for that to iudge and to giue iudgement doth properly signifie an act of Iurisdiction and superiority of power to giue the definitiue sentence pro or contra which Iurisdiction in respect of the last iudgement of soules is onely communicated to Christ. m Seâ— Suarez tom 2. disp 57. sect 4. But howsoeuer it be the argument of Saint Paul whereby he intended to prooue that Christians were not vnworthy to iudge Secular causes which he calleth the least things is of force as I declared before for if they be not vnworthy to iudge the world and Angels much lesse are they to be accompted vnworthy to decide by way of arbitrement Secular causes or the least things 26 And whereas D. Schulckenius affirmeth that those Iudges had no coactiue power in the externall Court and that if one of the parties should call the other to the tribunall of the Infidell Magistrate he were bound to appeare and debate his cause before the Heathen Iudge this doth make nothing against that which I haue said but is rather a confirmation that these Iudges were onely Arbitratours and voluntary Iudges in power to decide Secular causes For if they had beene true and proper Iudges and had not onely priuate and arbitrary power but also publike authority to iudge why should they not haue as all other true and proper Iudges haue both a commanding and also a coactiue power either temporall or spirituall according as D. Schulckenius will haue them to be temporall or spiritual Iudges And if they were true Iudges and not onely Arbitratours how could the faithfull Corinthians bee bound in conscience to leaue their tribunalls and goe to a Heathen Iudge to haue their cause decided by him if they should be called thither although against then willes seeing that they should thereby offend not only by reason of
by vertue of that maxime The accessorie followeth the principall but by vertue of this that hee who is Lord of any bridle hath power to dispose thereof or he that is Lord and can dispose of all temporall things hath consequently power to dispose both of all horses and all bridles fortifie my Aduersaries argument concerning the Popes power to dispose of all temporall things vnlesse it bee first prooued as hitherto it hath not beene that the Pope is Lord both in temporalls and spiritualls in such sort that for the common spirituall good hee may dispose of all temporall things as it is certaine that absolute Princes may for the common temporall good dispose of all temporalls and priuate men may dispose of those goods which are their owne And therefore the comparison which my Aduersarie heere maketh betwixt the Lord of a horse who only disposeth of his owne bridles and not of another mans and the Pope who to punish a Prince disposeth only of the Princes goods and states and not of other mens is to little purpose for that it doth suppose that which is in question and which hitherto hee hath not prooued to wit that the Pope hath power to dispose of the temporall goods states and bodies of all Christians and that the publike good of the Church doth necessarily require that the Pope haue power to dispose of all temporalls And thus much concerning my first instance wherein whether I haue plaid bootie with them and helped vnder-hand to defend his cause and whether it be foolish ridiculous and repugnant to my owne doctrine I remit to the iudgement of any learned man 66 Now you shall see how well Mr. Fitzherbert replyeth to my second instance His other argument or instance saith he m Pag. 38. nu 15. 16. 17. is as I haue said no lesse malicious then his last was foolish and ridiculous The Pope saith hee hath power ouer the Princes soule ergo ouer his life because the accessorie followeth the principall wherein you see hee seeketh to draw vs to an odious question touching the liues of Princes Neuerthelesse to say somewhat vnto his argument and yet not to enter into such an odious matter let him make the case his owne and I will not deny but that the Pope hauing power ouer his soule and being withall supreame Gouernour of the whole Church hath power also ouer his life so farre foorth as it may be conuenient for the good of the Church I meane not that the Pope hath power to take his life without iust cause or by vniust or vnlawfull meanes which neither the temporall Prince who hath direct power ouer his body can doe but vpon iust occasion giuen by him and according to the ordinarie manner prescribed by the Ecclesiasticall Canons that is to say by deliuering him ouer to the secular Iustice S. Leo epist ad Turbium Astâ—ricens Episc because the Church as S. Leo saith refugit cruentas vltiones doth fly bloodie punishment and therefore the Church vseth not by her owne ministers to giue and much lesse to execute the sentence of death vpon any though shee might doe it if shee would for seeing there is nothing that hindreth it but Ecclesiasticall Canons the Pope being head of the Church might dispence therewith and make it lawfull if iust occasion required 67 And how true it is that the Pope hath power ouer the life of any Christian with the circumstances and limitations before mentioned I feare me my Aduersarie Widdrington might find to his cost if hee were heere and would not recant his doctrine euen in this point to wit that the Church cannot inflict temporall and corporall punishments whereby hee impugneth not only the ancient and vniuersall practise and custome of the Church but also the Ecclesiasticall Canons n Cap. ab abolendam cap. vergentis cap. excommunicamus extra de haeretic cap. licet de voto cap. 1. de homicidio in 6. Concil Trid. sess 24. c. 8. 25. cap. 3. and decrees of many Councells and Popes and finally of the Councell of Trent as I shall haue good occasion to shew more particularly heereafter o Inf. c. 11. nu 3. 9. item c. 12. nu 6. 7. s 68 In the meane time hee is to vnderstand that granting as hee doeth that the body is subordinate and subiect to the soule and that all corporall and temporall things are to serue spirituall things yea and to bee commanded by the supreame spirituall Pastour to that end and consequently that they are accessorie in the respect of the soule and good of the Church hee cannot with reason deny the consequence of my argument to wit that forasmuch as the accessorie followeth the principall therefore he that hath power ouer the soule and all other spirituall things hath power also ouer all things that are accessorie thereto namely the temporall goods states and bodies of all Christians when the good of soules and of the whole Church doth necessarily require it as shall bee further declared after a while p Cap. 5. nu 37. 38. item c. 6. nu 12. 13. 14. seq vpon further occasion giuen by my Aduersarie 69 Heere you see that Mr. Fitzherbert doeth not deny my consequence but alloweth it for good in those his wordes And how true it is that the Pope hath power ouer the life of any Christian and consequently of Christian Kings with the circumstances and limitations before mentioned to wit so farre foorth as it may be conuenient for the good of the Church a large and intollerable extension of the Popes spirituall power to take away the liues of Christian Princes and subiects and vpon iust occasion giuen by him and againe that the Pope hath power ouer the temporall goods states and bodies of all Christians and consequently of Christian Princes when the good of soules and of the whole Church doth necessarily require it So that you see he graunteth my argument to be good but yet to be malicious that I speake the trueth but of malice But truely it is strange to what virulent and slanderous speeches some intemperate spirit hath drawen the libertie of this mans pen. If he imagine that with any colourable reply he can except against my aunswere then it is friuolous impertinent foolish and ridiculous if he can not then it is malicious God almightie who is the onely searcher of all mens hearts knoweth herein my innocencie and that zeale to the Catholike religion desire to know the trueth loue to my Prince and countrey and not any splene or malice hath mooued me to write both this and all the rest and therefore I humbly beseech his Diuine Maiestie to forgiue him and to graunt him true repentance for that which is past and that hereafter he may haue a more milde and temperate spirit 70 But wherefore trow you is my argument malicious because it draweth him sayth he to an odious question as though forsooth the propounding of
of Ecclesiasticall Censures may bee called a compulsion yet the vsing of temporall power the disposing of temporall things the compelling with temporall punishments or the inflicting of temporall punishments and punishing temporally by way of constraint are only proper and doe belong to the temporall power for which cause S. Bernard as I shewed before did affirme that the materiall sword is according to our Sauiours command to be vsed for the Church but not by the Church with the hand of the Souldier not of the Priest at the booke or direction of the Pope but at the command of the Emperour 8 Now to come to my Aduersarie although he hath not as he saith Lessius booke nor euer reade it yet I haue both seene it and reade it and I haue alleadged truly his expresse words as they lye and I doubt not but that my Aduersarie may easily get a sight thereof But howsoeuer that which hee saith is very vntrue that I say nothing in effect against Lessius argument but that which may bee vrged in like manner against the Apostle Saint Paul for that Saint Pauls argument as I shewed before in the former chapter was not grounded vpon this maxime hee that can doe the greater can doe the lesse whereon Lessius groundeth his argument for this maxime is very vntrue vnlesse the greater doeth actually or vertually include and imply the lesse or which I take for all one vnlesse the greater and the lesse be of the same kind or order But S. Pauls argument was grounded vpon this maxime hee that is not vnworthie to doe the greater is not vnworthie to doe the lesse For S. Paul intended only to prooue as I shewed before that Christians were not vnworthie to iudge of secular things because they were to iudge the world and the Angels and therefore by the argument a maiori ad minus they were not to be accounted vnworthie to decide secular causes Neither hath euery man that power whereof hee is not vnworthie but he hath onely that power which hee who hath authoritie to giue that power hath granted although perchance he be not vnworthie to haue a greater power as to be Lord Chancellour is a more great and eminent authoritie then to be Lord Chamberlaine and yet it is not lawfull thus to argue from that maxime he that hath the greater authoritie hath the lesse therefore he who is Lord Chancellour is also Lord Chamberlaine albeit we might rightly thus conclude as the Apostle did a maiori ad minus he that is not vnworthie to be Lord Chancellour is not vnworthy to be Lord Chamberlaine for that he who is not vnworthie to haue the greater authoritie is not vnworthie to haue the lesse 9 If therefore I had denied the Pope to haue authoritie to dispose of temporall things because he had beene vnworthy to haue that authoritie then I had indeede disprooued the Apostles argument but seeing that I doe onely for this cause deny the Pope to haue authoritie to dispose of temporall things for that Christ our Sauiour hath not granted this authoritie to him but onely to temporall Princes I doe not goe against the Apostles argument Neither did the Apostle goe about to prooue that the Church might ordaine and dispose of secular iudgements taking secular iudgements for such as doe proceed from publike authoritie and can not be done by priuate power but hee onely commanded the Corinthians for auoiding of scandall to appoint arbitrarie Iudges among themselues which they might doe by their owne priuate power and without any derogation to the temporall Magistrate and in case of scandall they ought also so to doe and he onely intended to prooue that because they were not vnwoorthy to iudge the Angels and the world much more were they not vnworthy to be Arbitrarie Iudges in secular causes Wherefore Saint Paul did not intend to prooue either by the subordination of the temporall power to the spirituall or by any other argument that the Church might ordaine or dispose of those secular iudgements which belong to temporall authoritie neither can there be drawne any good argument from this subordination to prooue the same as I haue shewed more amply in the second part 10 Neither did I graunt that the spirituall Pastour hath power to command corporall and temporall things quatenus spiritualibus deseruiunt so farre forth as they serue spirituall things for that corporall and temporall things are ordained to spirituall things and to the eternall saluation of soules as my Aduersary vntruely affirmeth for then indeede I must also haue granted that the Pope hauing power to dispose of spirituall things hath consequently power to dispose of temporall things so farre soorth as they are to serue spirituall things but my reason was as you haue seene in the former chapter because the power to command temporall things in order to spirituall good is a spirituall power and agreeable to a spirituall Pastour and Gouernour as he is instituted by Christ but the power to dispose of temporall things whether it be in order to temporall or to spirituall good is a temporall power and therefore not agreeable to a spirituall Pastour according at our Sauiour hath in the Christian world or common wealth instituted ordained and distinguished these two supreme powers temporall and spirituall by their proper acts functions and dignities 11 And albeit both spirituall and temporall things are referred to one last end which is Gods honour and glorie as to the center to which both of them ought to tend yet from hence it can not be rightly concluded that the temporall power is subordained to the spirituall or that temporall things as temporall lawes temporal actions temporall punishments and the like are subordained to spirituall things as to spirituall lawes spirituall actions spirituall punishments and the like but that both of them are I doe not say subordained one to the other but ordained to one and the selfe same end which is the glorie and seruice of God and the saluation of soules which is as it were the center to which the temporall power by temporall lawes and by disposing of temporals and the spirituall power by spirituall lawes and by disposing or dispencing of spiriruall things ought to tend By which it is apparant that although it were supposed that the disposing of temporall things and the vsing of temporall power were in some cases necessarie to the honour and seruice of God to the good of the Church and to the saluation of soules yet it can not be performed but by the temporall power for that our Sauiour Christ hath giuen to spirituall Pastours onely spirituall power to promote and maintaine by spirituall meanes the good of the Church and to bring soules to heauen and temporall meanes and temporall power he hath left to the disposition of temporall Princes whom he forsaw and preordained to be Nurses Patrons and Protectours of his Church 12 Wherefore although my Aduersarie did endeauour as you haue seene in the former
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
saith he r Pag. 72. nu 7 concerning the power and authoritie of the high Priest in temporall things that whereas both the dignities spirituall and temporall were sometimes in one person as in Moyses Heli and the Machabees and sometimes disioyned in distinct and seuerall persons as in the time of Iosue the Iudges and the Kings it is manifest that when they were seuered the spirituall was alwaies superiour as it may appeare by the commandement of almighty God to Moyses when he bad h m take Iosue Num. 17. and lay his hands vpon him before Eleazar the Priest and all the multitude and giue him part of his glory and that Eleazar should consult with God all the affaires of Iosue concluding Ad verbum illius egredietur c. according to his word that is to say the word of Eleazar Iosue shall goe out and shall goe in and all the children of Israel with him and the rest of the multitude Wherein Theodoret obserueth Theoderet q 48. in Num. that God commaunded Moyses to distribute his honour or dignitie betwixt Eleazar and Iosue yet so that Iosue should alwaies learne of Eleazar what he was to doe whereby it appeareth that Iosue was to bee directed by Eleazar in all affaires touching the ciuill gouernment which is sufficiently expressed by those words Ad verbum illius egredietur ingredietur Iosue shall goe out and in at the word of Eleazar 26 But truely I am ashamed to see the extreame boldnesse of this my vnlearned Aduersary when I call to minde what silly arguments he hath scraped together to make it forsooth manifest by the Law of God in the Olde Testament that the spirituall power was then the supreme power on earth and might and did chastise Princes temporally For this very text of holy Scripture which Mr. Fitzherbert bringeth to prooue that Eleazar was Superiour to Iosue learned Abulensis doth interprete cleane contrary Abulensis q. â—6 in c. 3. Iosue and bringeth it not once or twise but many times to proue that in the old Testament the Priests were subiect to the temporall Princes for that Eleazar was inferior subiect to Iosue Iosue saith Abulensis expounding those words and do thou command the Priests c. was not onely the Captaine of the people but also of the Priests although hee was neither a Priest nor a Leuite but of the Tribe of Ephraim as it appeareth Num. cap. 13. and he did command not onely the inferiour Priests of whom it is spoken in this place but also the high Priest as it appeareth Num. 27. where it is said for him if any thing be to be done Eleazar the Priest shall consult the Lord At his word to wit at the word of Iosue shall he to wit Eleazar and all the children of Israel goe out and shall goe in And the cause hereof is this for that in the Olde Testament the Secular and Ecclesiasticall or the Priestly and Regall Iurisdictions were not distinct as they are now although the offices of the Priests and Leuites were altogether distinct from the actions Å¿ Aboperibus of the Lay men whereupon the Priests when they offended might be put to death by the King as the Lay men might c. 27 But some will say saith the same Abulensis t Q. 2. in cap. 14. Iosue that the state of Eleazar was more honourable because he was the high Priest and Iosue was the Prince of the people but the state of Priests was greater then the state of Lay men as the Pope is more excellent then the Emperour or Kings But it is to be answered that this is false For the state of Priests in the Olde Testament was not more excellent then the state of Kings but the Priests were iudged by Kings and not onely concerning Kings but also Iosue who was no King was greater then the high Priest as it appeareth Num. cap. 27. where it is said that Eleazar the high Priest and euerie one shal at the commandement of Iosue goe in and goe out that is shall doe whatsoeuer they ought to doe Therefore Iosue was Superiour because to command is an act of a Superiour 28 And againe the said Abulensis u Q. 48. in cap. 27. Num. writeth thus At his word he shall goe in and shall goe out that is Eleazer the Priest shall serue at the commandement of Iosue by doing whatsoeuer he shall command For to goe out Num. 27. vers 17. and goe in is by the manner of speech taken for euery worke So it was taken aboue that God would put in authority ouer the Israelites a man who should goe out and goe in before them that is should doe whatsoeuer ought to be done before his people and in all things to be before them commanding and instructing But some may take to goe in and to goe out for to goe into the Sanctuary to consult the Lord for Iosue because it was saide aboue that whatsoeuer was to be done Eleazar should consult the Lord for Iosue And in this place it is added that at his commandement he ought to doe this to wit that whensoeuer Eleazar should be commanded to consult the Lord for Iosue he must be subiect to doe it But this sense cannot stand because Eleazar did not goe into the Sanctuarie to consult the Lord within the Sanctuarie putting on his Priestly vestements but by the rationale and Ephod he did consult the Lord as it hath beene declared Also it can not stand because it is not spoken onely of Eleazar that he shall goe in and goe out at the commandement of Iosue but also of all the children of Israel but they did not goe in to consult the Lord for Iosue therefore the first sense must stand Yet it is to be considered that Iosue because he was the Secular Prince is preferred here directly before the high Priest so that Eleazar was bound to obey Iosue in all things which he should command as likewise all the rest of the people and so it was in the time of Moyses who was not a Priest to wit by ordination and Prelacie yet Aaron who was the high Priest did obey him who was the Prince of the people And so it was in all the old Testament that the high Priests were subiect to the Kings c. Thus Abulensis 29 And thus you see that this learned man vnderstandeth those words of holy Scripture Ad verbum eius c. At his word he shall goe out and shall goe in in the cleane contrarie sense then wherein Mr. Fitzherbert doth expound them and yet forsooth it is manifest out of this place saith he that when the dignities spirituall and temporall were disioyned in distinct and seuerall persons as in the time of Iosue the spirituall was alwaies superiour But secondly I will goe farther with Mr. Fitzherbert and graunt him onely for Disputations sake that those words are so to be vnderstood that at the word of Eleazar Iosue
to prooue that this law of the Emperour Frederike was no way preiuciall to the Canon of the Councell of Lateran but a notable confirmation thereof which is nothing at all against mee For I neuer intended to deny that this Constitution of Frederike was against the Canon of the saide Councell but I expresly affirmed that it was the same law and constitution containing the very same wordes with that of the Councell changing onely spirituall punishments into temporall and that therefore those wordes Dominus temporalis Dominus principalis a temporall and principall Land-Lord Gouernour or Lord which are vsed alike in both Decrees haue though not equally yet proportionally the like restriction and limitation in both For that which I affirme is that this great and famous Councell of Lateran where almost all the Ambassadours of Christian Kings and Princes were present did represent as the Cardinall of Peron doth well obserue the whole Christian world or Common-wealth as well temporall as spirituall and was as it were a generall Parliament of all Christendome consisting both of temporall and spirituall authoritie of temporall Princes and spirituall Pastours and that all the lawes and decrees which were enacted therein concerning spirituall matters as is the inflicting of spirituall Censures for what crime soeuer either spirituall or temporall did proceede meerely from the authoritie of spirituall Pastours and that all the lawes and decrees which were enacted concerning temporall matters as is this decree whereof now we treate concerning the inflicting of temporall punishments for what cause crime or end soeuer they bee inflicted did proceede meerely from the authoritie of Secular Princes who are the head and fountaine of all temporall authoritie and of all power to dispose of temporall matters for that as I haue prooued more at large in the first part of this Treatise by the testimonie of many learned Catholikes the Ecclesiasticall or spirituall power doeth not by the institution of Christ extend to the inflicting of any temporall punishment as death exile priuation of goods much lesse of Kingdomes nay nor so much as imprisonment but that when the Church or spirituall Pastours doe inflict such temporall punishments it proceedeth from the positiue grant and priuiledges of temporall Princes 38 And from this ground it euidently followeth that not onely in this Canon of the Councell of Lateran concerning the temporall punishing of heretikes their abetters but also in all other Canons of Popes or Councells when the inflicting of any tēporal punishmēt is ordained it is as probable that all the force which they haue to bind doth proceede originally frō the positiue grant consent and authoritie of temporal Princes as it is probable that the spirituall power of the Church doth not by the institutiō of Christ extend to the inflicting of temporal or ciuill punishments and consequently that temporall Princes are not by any generall wordes included in such decrees as being themselues supreame and next vnder GOD in temporalls and not to be punished with temporall punishments but by GOD alone Wherefore vnlesse my Aduersaries doe first prooue which in my iudgement they will neuer bee able to doe by some conuincing argument grounded vpon the authoritie either of the Holy Scriptures ancient Fathers or some cleare definition of the Church that this doctrine which denyeth the Pope to haue by the institution of Christ authoritie to depose Princes and to inflict temporall punishments is absurd and not probable they spend their time in vaine and beate about the bush to little purpose whiles they bring neuer so many decrees and canons of Popes or Councells wherein the inflicting of temporall punishments is ordained for still the maine question remaineth yet a foote by what authoritie to wit temporall or spirituall those Canons for as much as concerneth the inflicting of such temporall punishments haue force to binde and the answere of Almaine and of many other Catholike Doctours will bee still readie at hand that the Pope by the institution of Christ hath onely authoritie to inflict spirituall punishments as Excommunication Suspension Interdict and that the other punishments which hee vseth doe proceede from the pure positiue law authoritie grant and priuiledges of temporall Princes and that therefore the lawes or Canons of spirituall Pastours enacting them cannot bind or comprehend temporall Princes themselues 39 And by this the Reader may cleerely see both the ground and reason from whence I deduced probably that absolute Princes are not included vnder any generall words whatsoeuer in penall lawes and canons of the Church wherein temporall penalties are inflicted for neither are they included as you shall see beneath in the next Chap. in penall lawes wherein spirituall punishments are inflicted vnder generall words or names which denote titles of inferiour degree place and dignitie as are Dominus temporalis Dominus Principalis a temporall or principall Land-Lord Gouernour or also Lord and such like and also how weakely not to vse Mr. Fitzherberts foule word absurdly he prooueth that I shew my selfe to bee very absurd in perswading the Reader that those words Dominus temporalis Dominus principalis a temporall or principall Land-lord Gouernour or Lord which are vsed alike in the Canon and in the Emperours law haue like restriction though not equally yet proportionally in both For what can be more cleare saith he h p. 145. nu 15 then that all Lawes are limited according to the power of the Prince who maketh them and that therefore the obligation of euery Princes lawes is extended only to his owne subiects whereupon it followeth necessarily that albeit the Canons of Generall Councells being made in generall tearmes do comprehend all Christian men as well absolute Princes as others because they are all subiect thereto yet the Lawes of temporall Princes being made in the like or in the same generall tearmes can comprehend none but their owne subiects and this being so what an absurd argument hath Widdrington made who because the words are all one in the Canon of the Councell and the Law of the Emperour will restraine the sense of the Canon to the limits of the Emperours temporall power which could not exceede his owne Dominion 40 And therefore though the words Dominus temporalis or principalis or non habens Dominum principalem be generall in his Law yet they can bee vnderstood of none but such as being his subiects held their Lands or states of him or of some other in his Dominions in which respect Kings and other temporall Princes which held not of the Empire could not be comprehended therein though the same generall words in the Canon must needes comprehend as well all Emperours Kings and absolute Princes as other inferiour Lords because all of them being Domini temporales are subiect alike to the decrees of a generall Councell 41 True it is that nothing is more cleere then that all Lawes are limited according to the power of the Prince that maketh them and that therefore the obligation of