these imputations but an appeale to our blessed Sauiour and a protestation before his face that my principall and direct scope and purpose herein is the vnity and peace of his Church For as when the roofe of the Temple rent asunder not long after followed the ruine of the foundation it selfe So if these two principall beames and Toppe-rafters the Prince and the Priest rent asunder the whole frame and Foundation of Christian Religion will be shaked And if we distinguish not between Articles of faith iurisdiction but account all those super-edifications and furnitures and ornaments which God hath affoorded to his Church for exteriour gouernment to be equally the Foundation it selfe there can bee no Church as there could be no body of a man if it were all eye 4 They who haue descended so lowe as to take knowledge of me and to admit me into their consideration know well that I vsed no inordinate hast nor precipitation in binding my conscience to any locall Religion I had a longer worke to doe then many other men for I was first to blot out certaine impressions of the Romane religion and to wrastle both against the examples and against the reasons by which some hold was taken and some anticipations early layde vpon my conscience both by Persons who by nature had a power and superiority ouer my will and others who by their learning and good life seem'd to me iustly to claime an interest for the guiding and rectifying of mine vnderstanding in these matters And although I apprehended well enough that this irresolution not onely retarded my fortune but also bred some scandall and endangered my spirituall reâ—putation by laying me open to many mis-interpretations yet all these respects did not transport me to any violent and sudden determination till I had to the measure of my poore wit and iudgement suruayed and digested the whole body of Diuinity controuerted betweene ours and the Romane Church In which search and disquisition that God which awakened me then and hath neuer forsaken me in that industry as he is the Authour of that purpose so is he a witnes of this protestation that I behaued my selfe and proceeded therin with humility and diffidence in my selfe and by that which by his grace I tooke to be the ordinary meanes which is frequent praierâ— and equall and indifferent affections 5 And this course held in rectifying and reducing mine vnderstanding and iudgment might iustifie excuse my forwardnes if I shold seeme to any to haue intruded and vsurped the office of others in writing of Diuinity and spirituall points hauing no ordinary calling to that function For to haue alwaies abstained from this declaration of my selfe had beene to betray and to abandon and prostitute my good name to their misconceiuings and imputations who thinke presently that hee hath no Religion which dares not call his Religion by some newer name then Christian. And then for my writing in Diuinity though no professed Diuine all Ages all Nations all Religions euen yours which is the most couetous and lothest to diuide or communicate with the Layety any of the honours reserued to the Clergie affoord me abundantly examples and authorities for such an vndertaking 6 But for this poore worke of mine I need no such Aduocates nor Apologizers for it is not of Diuinity but meerely of temporall matters that I write And you may as iustly accuse Vitrâ—uius who writ of the fashion of building Churches or those Authors which haue written of the nature of Bees and vse of Waxe or of Painting or of Musique to haue vsurped vpon the office of Diuines and to haue written of Diuinity because all these are ingredients into your propitiatory medicine the Masse and conduce to spirituall and diuine worship as you may impute to any which writes of ciuil obedience to the Prince that he meddles with Diuinity not that this obedience is not safely grounded in Diuinity or that it is not an act of Religion but that it is so well engrau'd in our hearts and naturally obuious to euery vnderstanding that men of all conditions haue a sense and apprehension and assurednes of that obligation 7 The cause therefore is reduced to a narrow issue and contracted to a strict point when the differences betweene vs are brought to this Whether a Subiect may not obey his Prince if the Turk or any other man forbid it And as his Maiestie in his Kingdomes is Religiously and prudently watchfull to preserue that Crowne which his Predecessors had redeemed from the rust and drosse wherewith forraine vsurpation had infected it so is it easie to be obserued that all the other Princes of Christendome beginne to shake off those fetters which insensibly and drowsily they had admitted and labour by all waies which are as yet possible to them to returne to their naturall Supremacy and Iurisdiction which besides many other pregnant euidences appeares by Baâ—ronius his often complayning thereof both in his Annals when he sayes That the Princes of this age do exercise so much Iurisdiction ouer the Clergie that the Church suffers some scandall thereby And in his Apologie of his owne writings against the Cardinall Columna where he notes That the Cardinals deputed for the hearing of those causes at Rome are tired and oppressed in these later times with the Messengers and Appeales of Bishoppes which in euery Countrey complaine how much the secular Princes iniure them And this must of necessity be vnderstood of Countries which professe the Romane Religion because such as are Apostoliquely reformed or are in that way haue shut vp all waies of Appellations to Rome or remedies from thence 8 And not to speake of the Kingdome of France at this time because I haue sepos'd and destin'd a particular Chapter for that consideration nor of the fresh Historie of the Venetians maintaining their iust Lawes for this temporall Iurisdiction which lawes Parsons without any colour of truth or escape from malitious and grosse deceiuing saies they haue recalled when as not to affright you with any of those Authours which write on the Venetian part you may see an excellent relation of that negotiation and vpon what conditions the Pope withdrew his censures in that letter of Cardinall Peron to his Master the French King about Cardinal Ioyeuse his instructions when the Pope sent him to Venice for that purpose nor to looke so farre backe as to consider what the other States of Italy and of Rome it selfe haue done herein which as an Author which liued in profession of that Religion informes vs durst alwaies brauely and boldly defend it selfe against the Popes vsurpations though he protested that if they would but admit him to enter againe into the towne hee would deale no more with temporall matters and this at that time when England vnder Henry the second and the remoter parts trembled at him who trembled at his owne neighbours and Subiects as he pretended To omit all these the Kingdome
of Spaine which they call so super-eminently Catholicke and of whose King the Cardinall which writes against Baronius saies that he is the only Prince who bends all the sinewes of his power and all the thoughts of his minde not only to oppresse barbarous enemies of Christianity but to containe christian Kings in their duetie This Kingdome I say hath by all meanes which it can expressed how weary it is of that iurisdiction which the Pope exerciseth there in these points which we complaine of though the Popes haue euer beene most readie to recompence these temporall detriments to those kings as the Donations of the Indyes and of the Kingdome of Nauarre and of England testifie at full 9 And yet if we consider what all sorts of persons in that Nation haue done against this temporall power wee cannot doubt but that they trauaile of the same childe which our Kingdome and diuers others haue brought forth which is their libertie from this weakning and impouerishing thraldome For first for Booke-men and Writers a great Idolatrer of this temporall Iurisdiction in the Pope Confesses That many of the principall Authours of the Spanish nation concurre in this opinion that these exemptions and immunities of the Clergie so much debated are not Iuris diuini And it is easie to obserue what the Collection and resultanse vpon this conclusion will be Since if they bee enioyd by the fauour of Princes though a conueniencie and a kind of right grounded in the law of nature haue moued Princes to graunt themâ— yet all graunts of Princes are mortall and haue a naturall frailtie in them and vpoâ— iust cause are subiect to Reuocation 10 And for the Sword-men by that hostile Act vpon Rome it-selfe by Charles Bourbon which was done at least by the conniuencie of Charles the fift and by that preparation made against the same place by the expresse commaundement of Philip the second vnder the Duke of Aluaes conduct and by many other associations and Leagues against the Pope It appeares how iealous and watchfull they are vpon this Temporall iurisdiction and how they oppose themselues against any farther groweth thereof For whâ—n in the differences about the Kingdome of Portugall the Pope made offers to Phâ—lip the second to interpose himselfe for the setling of all pretences to that Crowne the King though with sweete and dilatorie answers refusd that offer because sayes the Author of that Storie he would not by this example acknowledge him to be the Iudge of Kingdomes And after this when the King had proceeded farther therein and Antonie was proclaimed and that a Legate came into Spaine and offred there in the name of the Pope to be a Iudge betweene all pretenders though Philip did not doubt the Legates inclination to his part because he came into his Countrey to make the offer and though he had more vse of such a seruice then then before yet he abstaind from vsing him therein because hee thought that the Pope vnder colour of doing the Office of a common father went about to make himselfe absolute Iudge of Kingdomes and besides the extraordinarie Authority which he endeuoured to draw to his Sea would oblige the Kings of Spaine to his house as the same Author expresses that Kings iealousies 11 And for the politique gouernement of that State euen in that Kingdome which they pretend to hold of the Church which is Sicily they exercise a stronger Iurisdiction and more derogatorie to the Pope then this which our King claimes And though Parsonsâ— who is no longer a subiect and Sonne of the Church of Rome then as that Church is an enemy to England for in the differences betweene her and Spaine he abandons â—er aâ—erre in one place that this iurisdiction is by Indult Dispensation from the Pope yet a more credible man then he and a natiue Subiect to the King of Spaine hath vtterly annuld and destroyed that opinion that any graunt or permission of the Popes hath enabled the Kings of Spaine to that Authoritie which they exercise there And he hath not onely told his brother Cardinall Columna that the matter it-selfe Is a point of the Catholicke faith but in his Epistle to King Philip the third hee extols and magnifies that Booke in which he had deliuered that Doctrine so authentically as if he meant to draw it into the Canon of the Scriptures for do these words import any lesse The Booke issued froÌ„ the very Chaire of S. Peter by the commandement of S. Peter and is confirmed by S. Peter and shal without doubt endure for euer And he addes this Commination speaking to the King Let them which resist these writings take heede least they stumble In hanc Petram and least they bee vtterly trode in pieces Ab ipsa ab alto ruente Petra But of Baronius his detestation of Monarchie and ill behauiour towards all Kings as well as his owne Soueraigne I haue another occasion to speake All which I purpose to euict here was that if Parsons haue spoken so heretically in saying that this is done by vertue of the Popes Indult that remaines true which I said before that that Kingdome of Spaine endeuours by all wayes it can to redeeme it-selfe from these vsurpationâ— and re-inuest it-selfe in her originall Supremacie 12 For as in one of the Greeke States when Nycippus sheepe brought forth a Lyon it was iustly concluded that that pâ—rtended a Tyrannie and change of the State from a peaceable to a bloody Gouernement so since the Spirituall principalitie hath produced a Temporall since this mild and Apostolique sheepe hath brought forth this Lyon which seekes whom hee may deuour as by his first Iurisdiction he would make in this Kingdome a spirituall shambles of your soules by corrupt Doctrines so by the latter he labours to make a Temporall shambles and market of your bodies by selling you for nothing and thrusting you vpon the Ciuill sword which it is a sinne to sheath when the Law commaunds to draw it in so dangerous cases of polluting the Land And though it be pretended by you and for you that the Popes haue laide both a spirituall and temporall Obligation vpon you Because besides their care for instructing your soules they haue also with some charge erected and endowed some Colledges for your Temporall sustentation who come into those parts yet as the wisemen of Persia being set to obserue the first actions of their new King Ochus when they marked that be reachd out his hand at the Table to Bread and to a Knife presumd by that that his time would be plentifull and bloody and faild not in their coniecture So since the Pope reaches out to you with his small Collegiate pittance the Doctrine of the materiall and temporall sword howsoeuer hee may seeme to relieue your miserie and penurie which you drawe vpon your selues yet it is accompanied with the presage of much blood since either his purposes must
which entitle the Pope to a Direct and Ordinary Iurisdiction ouer Prinâ—es 10 And the same reasons and groundes by which he destroies that opinion will destroy his which is That as Christ was so the Pope is spirituall prince ouer all men and that by vertue of that power he may dispose of all temporall things as hee shall iudge it expedient to his spirituall ends 11 For first against that opinion of Ordinarie Iurisdiction hee argues thus If it were so it would appeare out of the Scriptures or from the Tradition of the Apostles but in the Scriptures there is mention of the keyes of Heauen but none of the Kingdomes of the earth nor doe our Aduersaries offer any Apostolique Tradition Will not you then before you receiue too deepe impression of Bellarmines doctrine as to pay your liues for maintenance thereof tell him That if his opinion were true it would appeare in Scripture or Apostolique trâ—dition And shal poore and lame and â—lacke arguments coniecturally and vnnecessarily deduced from similitudes and comparisons and decency and conueniency binde your iudgements and your liues for reuerence of him who by his example counsels you to cal for better proof wil you so in obeying him disobey him swallow his conclusions yet accuse his fashioÌ„ of prouing them which you do if when he cals for scriptures against others you aâ—cept his positions for his sake without scriptures 12 Another of Bellarmines reasons against Ordinary Iurisdiction is That Regall authority was noâ— necessary nor of vse in Christ to worke his end but sâ—perfluous and vnprofitable And what greater vse or necessity can the Pope haue of this Extraordinarie authority which is a power to work the same effects though not by the same way then Christ had if his ends be the same which Christs were and it appeares that Christ neither had nor forsaw vse of either because he neither exercised nor instistuted either For that is not to the purpoâ—e which Bellarmine saies that Christ might haue exercised that power if he would since the Popes authority is grounded vpon Christs example and limited to that For Christ might haue done many thinges which the Pope cannot do as conuerting all the world at once instituting more sacraments and many such and therefore Bellarmine argued well before that it is enough for him to proue that Christ did not exercise Regall power nor declare himselfe to haue it which Declarion onely and practise must be drawen into Consequence and be the precedent for the Pope to follow 16 The light of which Argument that the Pope hath no power but such as Christ exercised hath brought so many of them to thinke it necessarie to proue That both Christ did exercise Regall autâ—ority in accepting Regall reuerence vpon Palme-Sunday and in his corrections in the temple And his iudgement in the womans case which was taken in Adulterie And that S. Peter vsed also the like power in condemning Ananias and Saphira and Simon Magus 14 In another place Bellarmine saies That S. Paul appealed to Caesar as to his Superiour Iudge not onely de facto but de Iure and that the Apostles were subiects to the Ethnique Emperours in all temporall causes and that the law of Christ depriues no man of his right which he had before And lately in his Recognitions he departs from this opinion and denies that he was his Iudge de Iure If his first opinion be true can these consist together that he which is subiect in temporal causes can at the same time and in the same causes be superiour Or that he ouer whom the Emperour had supreame temporall authority should haue authority ouer the Emperour in temporall causes and what is there in the second opinion that should induce so strong an Obligation vpon a conscience as to die for it Since the first was better grounded for for that he produâ—ed Scriptures and the second is deâ—titute of that helpe and without further searâ—h into it tels vs that neither the Doctrine nor the Doctor are constant enough to build a Marâ—yredome vpon 15 Thus also Bellarmine argues to our aduantage though he doe it to proue a necessity of this power in the Church that euery Common-wealth is sufficiently prouided in it selfe to attaine the end for which it is instituted And as we said before the end of a Christian Common-wealth is not onely Tranquility for that sometimes may be mainâ—ained by vnchristianly meanes but it is the practise of all morall vertue now explicated to vs and obserued by vs in the exercise of Christian Religion and therfore such a Common-wealth hath of it selfe all meanes necessary to those ends without new additions as a man consisting of bodie and soule if he come from Infidelity to the Christian Religion hath no new third essenâ—iall pâ—rt added to him to gouerne that body and soule but onely hath the same soule enlightned with a more expliciâ—e knowledge of her duety 16 Bâ—llarâ—ine also tels vs That in the Apostles time these two powers were seperated and â—o all the Temporall was in the Emperour as all the Ecclesiasticke in the Apostles and that Hierarchie By what way then and at what time came this Authoritie into them if it were once out For to say that it sprong out of Spirituall Authoritie when there was any vse of it were to say that that Authoritie at Christs institution had not all her perfections and maturity and to say that it is no other but the highest act and a kinde of prerogatiue of the spirituall power will not reach homeâ— For you must beleeue and die in this that the Pope as spirituall Prince may not onely dispose of temporall matters but that herein hee vses the temporall sword and temporall iurisdiction 17 But when Bellarmine saies That this supreme authority resides in the Pope yet not as he is Pope And that the Pope and none but he can â—epose Kings and transfer Kingdomes and yet not as Pope I proâ—esse that I know not how to speake thereof with so much earnestnesse as becomes a matter of so great waight For other Princes when they exercise their extraordinarie and Absolute power and prerogatiue and for the publique good put in practise sometimes some of those parts of their power which are spoken of in Samuel which to many men seeme to exceede Regall pâ—weâ— yet they professe to doe these things as they are Kings and not by any other authoritie then that 18 And if there be some things which the Pope cannot doe as Pope but as chiefe spirituall Prince this implies that there are other inferiour spirituall Princes which are Bishops for so Bellarmine saies That Bishops in their Diocesses are Ecclesiastique Princes And haue Bishops any such measure of this spirituall principality that they may do somthings by that which they cannot doe as they are Bishopsâ— 19 All Principalities maintaine their being by these two reward
of this Collection but that a better must be attended out of the Originals 9 But if his errour were onely in Chronologies as to giue Pope Nicholas a place in the Councell of Carthage who was dead before Or in Arithmeticke as when purposely he enumerates all the Councels to make the number lesse by foure If this weaknesse had onely beene that he was not able to spell and so in a place of much importance to Read Ephesus for Erphesfurd Hierome for Ieremie and Hereticke for Henrie and a hundred such If he had stopp'd either at mistaking of true Authors as to cite out of Saint Peter that which Saint Paul sayes which libertie his Glosser extends farther and therefore cites a whole sentence for Scripture which is no where Or if he had stai'd at imagining words out of false Authors as to cite the Councell of Geneua and Macharius the Pope which neuer were as he and the Palea doe there were an open way for him as it is said in that Dialogue to say with the Apostle Quia ignorans â—eci 10 But we also finde malignitie and danger to our cause in his Falsifications For to dignifie the Sea of Rome hee cites Ambroses wordes thus Non habent Petri haereditatem qui non habent Petri sedem which in Ambrose is obseru'd to be Petri fidem And to establish the exemption of Clergie men from secular Iustice hee cites this out of a Councell now a thousand yeeres past Clericum nullus presumat pulsare apud Iudicem Saecularem Whereas the words of the Councel are Clericus nullus presumat And so the Councell layes a Commandement vpon the Clergie but Gratian layes it vpon the Layetie 11 Which falsitie Binius citing the Councell aright and Gratians words also right in the Margine forbeares to obserue or reprehend and dissembles the iniurie done to the world therein But Bellarmine hath delt herein with more obnoxiousnesse and lesse excuse then Binius because hauing no reference at all to Gratian hee cites the words out of the Councell it-selfe and hauing said That Counsell pronounces in this point more clearely in these words He cites the words falsely and corruptly as Gratian did before 12 And as for such iniquities as these we haue reason to decline Gratian as iniurious to vs So alâ—o in Charitie towards them which are caried with an implicite Faith in Canons in which name Gratian is enwrapped we are bound to tell you how vnworthy he is to bee relied vpon by you For in the point of the Emperours Electing the Pope hee hath spoken so dangerously that Baronius is forced to giue this censure vpon him Gratian out of too much credulitie improuidently writ out a most manifest imposture and inserted that as a most strong Decree all which with the Author thereof should rather haue beene hissed away and pursued with execrations which also he saies of another place in Gratian to the same purpose and accuses him of mutilating the famous lawes of Charles the Great called Capitularia 13 With like danger to the Romane Sea hee cites a Canon of a Greeke Councell whose sense he apprehended not in the matter of mariage of Priests for he saies that that Canon was grounded vpon the Apostles Canons and yet it is contrarie to the Canons of the Romane Church So that of this place that Archbishop of whom I spoke before exclaimes who can endure this and that by no meanes it may be receaued 14 And not onely in matters of fact though that be the right legge vpon which the Romane Religion especially in Crowne Diuinitie doth stand doth Gratian deceaue you but euen in such things as are matters of faith both naturally and so common to all men As when he allowes that there may be perplexities in euill and so in some cases a necessitie of sinning and then sayes he the remedie is to choose the lesse euill as also of that which is matter of faith especially to the professors of your Religion which is the necessitie of Orall Confession for hauing produced authorities on both sides whether it be necessarie or no he leaues it as indifferent to the Reader to allow choose which opinion he likes best 15 And because the Glosse is now by some thought to be of equal authoritie with the Text it is not an inconuenient way to eneruate both by presenting some of the vanities and illusions of that And though I will not in so serious a businesse insist vpon such thinges as might make sport and moue laughter yet these few I may be excusable to let fall in this place When Gratian speakes of that Parable of the lost sheepe and saies out of the Gospell that the 99 were left in Deserto id est sayes the Glosse In Coelo quod Diabolus per peccatum deseruit Which besides the detortion destroyes vtterly the purpose of our Sauiour in that Parable And so when Gratian out of a Councell cites an Act to be done in Ecclesia Romanorum id est saies the Glosse Constantinopolitanorum 16 In many places Gratian saies that Dioscorus had not erred in fide which being euidently false for he followed and defended Eutyches his Heresie the glosse remedies it thus Non in fide id est non in fide tantum And out of his fauour to Priests where Gratian sayes out of Bede That Priests must alwaies abstain from their wifes the glosse saies Semper id est Horis debitis And when out of the Nicene Councell it was produced That a Prelate might haue in his house no women except his mother or sister or such fit persons as might auoid suspition that is sayes the glosse His mens wiues And when Lanfred a young lusty Bishop and a great huntsman was defamed also for immoderate familiarity with his owne daughter the glosse sayes It was not for any euill for they were too neere in blood but because he kissed her so much openly and put his hand in her bosome 17 And lastly to stay you no longer in this ill aire where the text saies Meretrix est quae multorum libidini patet the glosse brings this indefinite number to a certaine and saies that that name belongs to her when shee hath lyen with 23000. men 18 And as these Authors in whom there are these aspersions and such weedes as these are therefore vnworthy that either the Popes approbation should â—all vpon them or that any obligation should be throwne vpon our consciences from their authoritie so is it impossible that any such approbation should include them both for the glosse doth sometâ—mes when no reconciliation can serue him depart from Gratian with some disdaine as when he sayes Superficialis est Argumentatio Magistri and sometimes in câ—olerâ— as one notes him to say Fateor plane te mentitum Gratiane And sometimes
may freely doe it where I am supreme Prince But your case is not the same as the Kings was not oâ—ly for spirituall considerations which are That he was lawfully seperated and pretended neerenesse of blood and was not forbid to marrie againe and your proceeding hath beene without colour and in contempt of the Church But the King who had no Superiour in Temporall matters might without doing wrong to any other submit himselfe to our iurisdiction But you are knowen to be subiect to another Thus farre hee proceeded waueringly and comparatiuely and with conditions and limitations 35 And least this should not stretch farre enough he addes Out of the Patrimonie in certaine causes wee doe exercise Temporall iurisdiction casually which the Glosse interprets thus requestedâ— And the Pope hath said before That he which makes this request must be one that hath no Superiour And in this place he sayes That this may not be done to preiudice anothers right But after this vpon a false foundation that is an errour in their Translation where in Deuteronomie Death being threatned to the transgressour of the sentence Of the Priest and Iudge they haue left out the Iudge he makes that state of the Iewes so falsely vnderstood to be a Type oâ— Rome and so Rome at this time to be Iudge of all difficulties because it is the seate of the high Priest But he must be thought more constant then to depart from his first grouÌ„d and therefore must meane When superiour Princes which haue no other Iudges are in such doubtes as none else can determine Recurrendum est ad sedâ—m Apostolicam that is they ought to do it rather then to go to the onely ordinary Arbitrator betweene Soueraigne Princes the sword 36 And when such Princes doe submit their causes to him in such cases hee deâ—lares himselfe by this Canon to be a competent Iudge though the matter be a ciuill businesse and he an Ecclesiasticall person and though he seeme to goe â—omewhat farther and streâ—ch that typicall place in Deuteron to â—gree with Rome so farre that as there so here he which disobeyes must die yet hee explanes this death thus Lâ—t him as a dead man be seperated from the Communion by Excommunication So that this Canon pâ—rposely enacted to declare temporall authority by a Pope whom none exceeded in a stâ—ffe and earnest promoâ—ing the dignity of that Sea procedes onely by probabilities and verisimilitudes and equiualencies and endes at last with Excommunication and therefore can imprint in you no reason to refuse this Oath For out of this Canon doth Victoria frame a strong argument That this most learned Pope doeth openly confesse by this Canon that he hath no power ouer the King of France in Temporall matters 37 Another Canon of the same Pope is often cited by which when the King of England complain'd that the King of France had broken the Peace which was confirm'd by Oath the Pope writes to the Bishops of France That though he intende not to iudge of that Title in question which appertaines not to him yet the periurie belongs to his cognisance and so he may reprooue and in cases of Contumacie constraine Per districtionem Ecclesiasticam without exception of the persons of Kings And therefore sayes he If the King refuse to performe the Articles and to suffer my Delegates to heare the cause I haue appointed my Legate to proceede as I haue directed him What his Instructions were I know not by this but beyond Excommunication you see by the Text he pretends not Whatsoeuer they were this is certaine That the Princes of those times to aduantage themselues against their enemies with the Popes helpe did often admit him to doe some acts against other Princes which after when the Pope became their enemie themselues felt with much bitternesse But in this Canon hee disclaimes any Iurisdiction to iudge of Titles which those Popes tooke to themselues who Excommunâ—cated our late Queene if Parsons say true That they had respect to the iniustice of her Title by reason of a Statute and all those Popes must doe which shall doe any act which might make this Oath vnlawfull to you 38 In the title De Sent. Excom there are two Canons which concernes onely Excommunication of Heretickes and inâ—ringers oâ— Ecclesiasticke Immunitie and are directed but to one parâ—icular place VVhich though they can impose noâ—hing vpon your conscience against this Oath may yet teach you not to grudge that a State which prouides for her securitie by Lawes and Oathes expresse it in such words as may certainely reach to the principall purpose thereof and admit no euasions For so these Canons doe when they Excommunicate All of all Sexe of any Name Fauourers Receiuers Defenders Lawmakers Writers Gouernours Consuls Rulers Councellours Iudges and Registers of any statutes made in that place against Church liberties 39 That the Canons haue power to abrogate Ciuill lawes of Princes they vse to cite the Canon Quoniam omne made by Innocent the third who hath made more Canons then halfe of the Popes before him And if this doe not batter downe yet it vndermines all secular power For they may easily pretend that any Lawe may in some case occasion sinne This Canon hath also more then Ordinary authority because it is made in a generall Councell thus it â—aies Absque bona fide nulla valeat praescriptio tam Canonica quam ciuilis And this saies Bellarmine doth abrogate an Imperiall lawe by which prescription would serue so that it begann Bona fide though at some time after he which was in possession came to know that his title was ill but the Canon lâ—w requires that he esteeme in hâ—s conscience his title to be good all the time by which he pâ—escribes But by this Canon that particular Imperiall lawe is no more abrogated then such other lawes as cannot be obserued without danger of sinne which includes not onely some Ciuill Constitutions but also some other Canons For your Glosser saies That the Canon derogates from all Constitutions Ciuill and Ecclesiastique which cannot be obserued without deadly sin that is it makes them guilty in foro interiori He addes That he doth not beleeue that the Pope did purpose by this Canon to preiudice the ciuill lawes nor that the wordes are intended of ciuill and secular law but that by those wordes Tam ciuilis quam Canonica the Pope meanes that a prescriber Malae fidei is guilty in conscience whether it be of a matter Secular or Ecclesiastique For saies bee though some say the Pope meant to correct the law herein yet this correction is not obserued in Iudicio Seculari And therefore saies hee I doe not beleeue that the Pope himselfe is bound to iudge according to this Canon where he hath temporall iurisdiction because hee hath that Iurisdiction from the Emperour therefore the Imperiall law standes still and is not abrogated by this Canon
proue that Conclusion So that as if it pleased him to haue said so definitiuely without arguing the case the Decretall had beene as perfit and binding as it is after all his reasons and argumentation so doe not his Reasons bind our reason or our faith being no part of the Definition but leaue to vs our liberty for all but the Definition it selfe 46 And a Catholique which beleeues by force of this Decretall That he cannot be saued except he obay the Pope is not bound to beleeue thereâ—fore that these words of S. Iohn There shall be one sheepe-folde and one sheepheard are meant of a Subiection of all Christian Princes to the Pope as this Decretall by way of Argument sayes but he may be bold for all this to beleeue an elder Pope that this is spoken of ioyning Iewes and Gentiles in one faith or Theophilact That this proues one God to be the sheepheard of the olde and new Testament against the Maniches Nor is he bound because this Decretall saies it by the way to beleeue that the words in Saint Luke Behold here are two swords to which Christ did not answere It is too much but it is enough doe proue the spirituall and temporall swords to bee in the disposition of the Church but he is at liberty for all this to bâ—leeue Chrysostome That Christ by mentioning two swords in that place did not meane that they should possesse swords for what good sayes he could two swords doe but he forwarned them of such persecutions as in humane iudgement would neede the defence of swords Or he may beleeue Ambrose That these two swords are the sword of the Worde and the sword of Martyrdome of which there is mention in S. Luke A sword shall passe thorow my soule So that these swords arme them to seeke the truth and to defend it with their liues or hee may beleeue S. Basil who saies That Christ spoke Prophetically that they would encline to vse swordes though indeede they should not doe so Both which expositions of Chrysostome and Basil a Iesuite remembers and addes for his owne opinion That Christ did not confirme two Swords to the Church by Saying It is enough but onely because they could not vnderstand him he broke off further talke with them as we vse when we are troubled with one who vnderstands vs not to say T is well T is enough 47 For Bellarmine is our warrant in this case who saies That those wordes intimate no more but that the Apostles when persecution came would be in as much feare as they who would sell all to buy swords and that Pope Boniface did but mystically interprete this place 48 And as the exposition of other places there cited by Boniface and his diuers reasons scattered in the Decretall â—al not within the Definition therof noâ— binde our faith so doth it not that those wordes spoken by God to Ieremy I haue set thee ouer the nations and ouer the Kingdomes and to plucke vp and roote out to destroy and to throw downe to build and to plant are veâ—ifiâ—d of the Ecclesiastique power though he say it But any Catholique may boldly beleeue that they were spokeÌ„ only to Ieremy who had no further Commission by them but to denounce and not to inflict those punishments For it were hard if this Popes Mysticall expositions should binde any man contrary to his oath appointed by the Trent Councell to leaue the vnanime consent of the Fathers in expounding these Scriptures and so an obedience to one Pope should make him periured to another The last Dâ—finition therefore of this Decretall which was first and principally in the purpose and intention of this Pope which is Subiection to him is maâ—ter of faith to all them in whom the Popes Decreâ—s beget faiâ—h but temporall Iurisdiction is not hereby imposed vpon the conscience as matter of faith 49 But because this Canon was suspiciously penn'd and perchance misinterpretable and bent against the kingdome of France betweene which state and the Pope there was then much contention so that therefore it kept a iealous watch vppon the proceeding of that Church Clement the fifâ— who came to be pope within foure yeares after the making of this Canon made another Decree That by this Definition or Declaration of Boniface that Kingdome was not preiudiced nor any more subiect to Rome then it was before the making of that Decree And though it was not Clements pleasure to deale cleerely but to leaue the Canon of Boniface as a stumbling blocke still to others yet out of the whole History this will result to vs that if this temporall Iurisdiction which some gather out of this Canon were in the Pope Iure Diuino hee could not exempt the kingdome of Fraunce and if it were not so no Canons can create it But euen this exemption of Clement proues Bonifaces acte to be Introductory and new for what benefite hath any man by being exempted from a Declaratorie law when for all that exemption â—ee remaines still vnder the former law which that declares So that nothing concerning temporall Iurisdiction is defined in that Canon but it is newly thereby made an Article of faith that all men must vpon paine of damnation be subiect to the Church in spirituall causes from which Article it was necessary to exempt France because that kingdome was neuer brought to be of that opinion 50 And in the last Volume of the Canon law lately set out in the Title De Rescrip Mand. Apost there is one Canon of Leo the tenth and another of Clement the seuenth which annull all Statutes and ciuill constitutions which stoppe Appeales to Rome or hinder the execution of the Popes bulles and inflicts Excommunication and Interdicts the Dominions of any which shall make or fauor such Statutes But because these Canons doe not define thisâ— as matter of faith I doubt not but the Catholiques of England would bee loath to aduenture the daungers which our Lawes inflict vpon such as seeke Iustice at Rome which may be had here And they doe though contrarie to these Canons in continuall practise bring all their causes into the Courtes of Iustice here which if the Canons might preuaile belong'd to Rome 51 And these be all the Canons which I haue mark'd either in mine owne reading of them or from other Authors which write of these questions to bee cited to this purpose Those which concerne Ecclesiasticke immunitie or the Popes spirituall power I omitted purposelyâ— And of this kind which I haue dealt withall I doubt not but some haue escaped me But I may rather be ashamed of hauing read so much of this learning then not to haue read all 52 Heere therefore I will conclude that though to the whole body of the Canon Law there belong'd as much faith and reuerence as to the Canons of the old Councels yet out of them you can finde nothing to
at Rome and also by effects thereof because by the second Breue the complaints against the first were not remedied And since in such cases the interpretation and dispensation of Breues when necessitie oppresses you belongs to your selfe who cannot bee esteemed disobedient for abstaining from doing such a commaund as you doe iustly thinke to be erroneous and that your Superiour would not importune it if hee knew perfitly your condition and estate since their rigorous obseruation of Breues might cast you vnder a locall interdict and sterue you for spirituall food And makes you iustifie all the errouâ—s of the Court of Rome by making the Court the Church all one since Cyprian Ignatius and others haue beene iustly reputed holy men Saints though they disobeyed the precepts of Popes made vpon more reasons and stronger comminations and broken with lesse excuse then these Breues may be by you since lastly the Pope cannot by pretence of aduauncing the Church serue his owne ambitions to your destruction you may as well flatter your selfe with specious Titles for not swimming if you were cast into a Riuer or for not running out of a house if it were ready to fall vppon you as you may thinke your selues Confessors in your sense for suffering tâ—e penalties of this law or they may thinke themselues Martyrs whose execution â—or other treasons this Refusall may hasten CHAP. XII That nothing requir'd in this Oath violates the Popes spirituall Iurisdiction And that the clauses of swearing that Doctrine to bee Hereticall is no vsurping vpon his spirituall right either by preiudicating his future definition or offending any former Decree THe same office which our sâ—erties performe for vs at our Baptisme and Regeneration the Lawe vnderâ—akes at our Ciuill birth For the Law is Communis sponsio Reip. And as they which were our stipulators at the Font take care when we come to abilitie of Discretion that we doe by some open declaration as frequenting Diuine Seruice and so communicating with the Church in the worde and Sacraments testifye that wee acknowledge our selues incorporated and matriculated into that Christian warfare wherin they entred our Names So hath Law prouided that when we grow to be capable of Good and Euill wee should make some publicke protestations of that Obedience to the Prince which by our birth in his Dominions and of his Subiects wee had at first contracted Thereupon hath it proceeded that by our Lawes at sixteene yeares of age an Oath hath beene requir'd of euery Subiect And besides this generall Oath it hath in all well gouern'd Estates beene thought necessary that they which were assum'd to any publicke function in the State should also by another Oath appropriated to that calling be bound to a iust execution of that place And therfore it seemes reasonable which a Lawyer sayes That he which vndertakes to exercise any Office before he haue taken the Oath belonging thereunto Tenetur Maiestatis because he seemes to doe it by his owne Authoritie Nor might a Souldier though hee were in the Tents at the time of Battell be admitted to fight against the enemie if he had not taken the Oath And the Notaries in the Courts of Rome if they delay to dispatch them who would by Appeale or otherwise bring causes into those Courts are by a lâ—te Decretall guilty of periury because being sworne to aduance the profit of that place and the Apostolique Authority this is accounted an interpretatiue periury 2 So also hath it beene a wise and religious custome in matters newly emergent and fresh occurrences if either forraigne pretences or inward discontentments threatned any commotions in the State to minister new Oathes to all whom it might concerne not as newe oâ—ligâ—tions but as volunâ—ary and publique confessions that all the former oathes sworne in Nature and in Law doe reâ—ch and exâ—end to that case then in question and that they were bound by them to the maintenance of the peace and tranquility of the present State 3 And at no time and to no persons can such Oathes be more necessary then to vs now who haue beene awakened with such drummes as these There is no warre in the world so iust and honourable be it ciuill or forraigne as that which is waged for the Romane Religion And especially in this consideration are Oathes a fit and proper wall and Rampart to oppose against these men because they say That to the obedience of this Romane Religion all Princes and people haue yeelded themselues eyther by Oath vow or Sacraments or euery one of them For against this their imaginary oath it is best that a true reall and lawfull oath be administred by vs. 4 The Iesuites which in their Vowe to the Popes will haue sworne out all their obedience at once in a Hyperbolicall detestation of oathes doe almost say true when they professe That they auoide an Oath worse then periury But though they haue borrowed this protestation of the Esseni who were in so much estimation amongst the Iewes yet this declining of Oathes wrought not vppon them as it doth vpon the Iesuites for the Esseni did willingly take Oathes that they would attempt nothing against the Magistrate out of this reason that they beleeued it hapned to no man to be a gouernour without the pleasure of Godâ— Since therefore the Iesuites abhorre such oaths it is a good presumption that Schollers are guilty if their Masters were and sonnes are punished because they are iustly suspected to inherit their fathers malignity and ill disposition It was necessary to present such an oath as might discouer how much of their Masters poison and of their Fathers ill affections to this State the Iesuites disciples and spirituall sonnes had swallowed and digested 5 And when an Oath is to bee conceiued and framed which hath some certaine scope and purpose it were a great impoâ—encie or slackenes in the State if it should not be able or not dare to expresse it in such tearmes as might reach home to that purpose and accomplish fully all that which was intended therein especially in these times of subtile euasions and licentious equiuocations 6 When Paulus 4. had a purpose to take in and binde more sorts of men by that oath which was framed according to the Trent Councell for them onely who were admitted to spirituall dignities and some few others and so to swear all those men fast to the Doctrine of that Councel and to the obedience of the Church of Rome it is expressed in so exquisite and so safe wordes as can admit no escape For how ignorant soeuer he be in controuerted Diuinity euery one which takes that oath must sweare That there are seuen Sacraments instituted by Christ which any of their Doctors might haue doubted and impugn'd an houre before as it appeares by Azorius that Alensis and Bonauenture did of Confirmation Hugo Victor and Lombard of extreame vnction Hostiensis and Dâ—randus of