and come backe or did the Priests find such spirituall comfort in transgressing this Law that they offred to goe out 21 And in all our differences which fell out in this Kingdome betweene our Kings and the Popes when so many capitall Lawes were made against Prouisions and Appeales not to dispute yet wheâ—her de Iure or de facto only or whether by way oâ— Introduction or Declaration doe you finde that the Catholiques then vsed the benefite of those lawes to the procurement of Martyrdome or hath the blood of any men executed by those lawes died your Martyrologes with any Rubriques And yet those times were apt enough to countenance any defender of Ecclesiastique immunity though with diminution of Ciuill and Secular Magistracie as appeares by their celebrating of Becket yeâ— I find not that they affoorded the title of Martyre to any against whom the State proceeded by the Ordinary way and course of law 22 Why therefore shall not the French and Italian and olde English lawes giue occasion of Martyrdome in the same cases as these new lawes shall At least why should Campian and those which were executed before these new statutes be any better Martyres then they since they were as good Catholiques as these and offended the common law of England in the same point as these But if the Breach and violating of the later statutes be the onely or liueliest cause of Martyrdome then of Parsons who euery day of his life doth some act to the breaking thereoâ— it is verie properly said by one of his owne sect That hee is per totam vitam martyr 23 And this may suffice to remember you that you intrude into this emploiment and are not sent and that our Lawes ought to worke vpon your Oath of returning to the annihilation thereof because both the necessitâ—e of the making and continuing â—hereof and the precedents of our owne and other Catholicke Kingdomes giue vs warrant to make seditious Doctrine Treason and your owne Canons and Iâ—dicaâ—â—re giue vs example and if we needed it Authoritie to proceede in that maner CHAP. VI. A comparison of the Obedâ—â—nce due to Princes with the seuerall obediences requir'd and exhibited in the Romane Church First of that blind Obedience and stupiditie which Regular men vowâ— to their Superiours Secondly of thâ—t vsurpeâ— Obedience to which they pretend by reason of our Baptisme wherein we ar said to haue made an implicite surrender of our selues and all that we haue to the Church And thirdly of that Obedience which the Iesuits by a fourth Supernumeraâ—ie vowe make to be dispos'd at the Popes absolute will THere hath not beene a busier disquisition nor subiect to more perplexitie then to finde out the first originall roote and Source which they call Primogenium subiectum that may be so capable of Power and Iurisdiction and so inuested with it immediately from God that it can transferre and propagate it or let it passe and naturally deriâ—e it-selfe into those formes of Gouernement by which mankind is continued and preserued For at the resolution of this all Quâ—stions of Subiection attend their dispatch And because the Clergie of the Roman Church hath with so much fierce earnestnesse and apparance of probablenesse pursued this Assertion That that Monarchall forme and that Hierarchie which they haue was instituted immediately from God Many wise and iealous Aduocates of Secular Authoritie fearing least otherwise they should diminish that Dignitie and so preuaricate and betray the cause haue said the same of Regall power and Iurisdiction And euen in the Romane Church a great Doctor of eminent reputation there agrees as he sayes Cum omnibus sapientibus That this Regall Iurisdiction and Monarchie which word is so odious and detestable to Baronius proceedes from God and by Diuine and naturall Law and not from the State or altogether from man And as we haue it in Euidence â—o we haue it in Confession from them that God â—ath as immediately created some Kings as any Priests And Cassanaeus thinkes this is the highest Secular Authoritie that euer God induced For he denies That old or new Testament haue any mention of Emperour 2 But to mine vnderstanding we iniure and endanger this cause more if wee confesse that that Hierarchie is so Immediately from God as they obtrude it then we get by offering to drawe Regall power within the same Priuiledge I had rather thus farre abstaine from saying so of either that I would pronounce no farther therein then this That God hath Immediately imprinted in mans Nature and Reason to be subiect to a power immediately infus'd from him and that hee hath enlightned our Nature and Reason to digest and prepare such a forme as may bee aptest to doe those things for which that Power is infus'd which are to conserue vs in Peace and in Religion And that since the establishing of the Christian Church he hath testified abundantly that Regall Authoritie by subordination of Bishops is that best and fittest way to those ends 3 So that that which a Iesuite said of the Pope That the Election doth onely present him to God wee say also of a King That whatsoeuer it be that prepares him and makes his Person capable of Regall Iurisdiction that onely presents him to God who then inanimates him with this Supremacy immediately from himselfe according to a secret and tacite couenant which he hath made with mankinde That when they out of rectified Reason which is the Law of Nature haue begot such a forme of Gouernement he will infuse this Soule of power into it 4 The way therefore to finde what Obedience is due to a King is not to seeke out how they which are presum'd to haue transferr'd this power into him had their Authoritie and how much they gaue and how much they retain'd For in this Discouerie none of them euer went farther then to Families In which they say Parents and Masters had Iurisdiction ouer Children and Seruants and these Families concurr'd to the making of Townes and transâ—err'd their power into some Gouernour ouer them all 5 But besides that this will not hold because such Sauadges as neuer rais'd Families or such men as an ouerburdned kingdom should by lot throw out which were peeces of diuers families must haue also a power to frame a forme of Gouernement wheresoeuer they shall reside which could not bee if the onely roote of Iurisdiction were in parents masters This also will infirme and ouerthrow that Assertion that if parents and masters had not this supreme Soueraignty which is requisite in Kings they could not transferre it into Kings and so Kings haue it not from them And if they were Soueraignes they cold not transfer it â—or no Soueraigne can deuest himselfe of his Supremacie 6 Regall authority is not therefore deriued from men so as at that certaine men haue lighted a King at their Candle or transferr'd certaine Degrees of Iurisdiction into him and therefore it is a cloudie and
obliges them then as no Sea can wall any kingdome against their entrance So no watchfulnesse can arme any brest against their violence since the increasing of that Monarchie which they must aduance growes from the decay of others 45 But I forbeare Exasperation and will here ende this Chapter by which I hope it appeares that no latter band of Obedience can slacken this first which was borne with vs. For though amongst Lawyers To commit my selfe or my cause Liberae voluntati hominis or to bee vsed by him Prout voluerit amount veâ—y farre and create a large power in him yet thâ—y conclude That In nullo arbitrio How large so euer any thing is included which was formerly prohibited And of these three Obediences which we haue handled though all the three essentiall properâ—ies oâ— all Oathes and Vowes be wanting in them all yet the blinde obedience to your spirituall Superiour doth especially want discretion and the implicite Obedience imagin'd to bee vowed to the Church in Baptisme doeth lacke Trueth and that seditious and seruile Obedience vowed by the Iesuites to your Popes wil doeth want Iustice. CHAP. VII That if the meere execution of the function of Priests in this Kingdome and of giuing to the Catholickes in this Land spirituall sustentation did assure their consciences that to die for that were Martyrdome yet the refusall of the Oath of Alleageance doeth corrupt and vitiate the integritie of the whole Act and dispoyle them of their former Interest and Title to Martyrdome WE speake of Martyrdome now in the proper and restrain'd sense and acceptation that is of Consummate Martyrdome and so as Aquinas takes it when he sayes Mors est de ratione Martyrij I know the Primitiue Church denied it not to them whom the latâ—er Church hath call'd Confessors So Ignatius writes himselfe Martyr and so doeth Saint Paul say that hee dies daily And sometimes when the Church enioyed her ease and was pamper'd with securitie and rest to excite men to a publicke confession of their Faith if there arose any case wherein it was needfull the Ministers of that Church which was euer apter and forwardeâ— to suffer Martyrdome when any long persecution had accustom'd her to the expectation and patience and glorie thereof then in the times of dull abundance and tranquilitie would affoord the Title of Martyrs to any persons who suffred any persecution for the testimonie of Christ though they died not As the Church celebrates the Martyrdome of Pope Marcellus vvho died in Prison So also sometimes their indulgence alovved that Name for some abstinencies and forbearings if they conduced to the depressing of Idolatrie For so Saint Chrisostome sayes If thou refuse to be cured by Magique and die of that sickenes thou art a Martyr 2 Deuotion is apt to ouerualew other mens actions And Bellarmine confesses out of Sulpitius That the people did long time deuoutely celebrate one for a Martyr who after appear'd and told them that he was damn'd So also were those men inclin'd whom Alexander the third reprehendes For giuing the honour of a Martyr to one that died drunke So doeth another Iesuite prooue Hyrcanus to bee an Hereticke whom Albertus Magnus hath put into his Litany and so drawne into continuall Inuocation euer since And when Gregory the thirteenth made Commissioners to suruay the Martyrologe they found the Histories of Pope Felix the second so various and repugnant that they were determined to expunge his name but that opportunely there was a Marble Coffin found with such an Inscription as alterd them and relieued the Popes fame And one principall inducement to the Pope to come to these solemne Canonizations is because before the people did often mistake 3 And this medicine as it was very late applied for Bellarmine cannot finde that the Popes canonizd any in eight hundred yeares after Christ So neither hath it nor can it naturally extinguish the disease The most that it can worke is an Assurance that they which are publiquely canonized are true Saints for Bellarmine saies That it is the opinion of Heretiques that the Pope can erre in such Canonizations and yet to proue it he argues but thus If we beleeue that there was such a man as Caesar why should we not beleeue that which God testifies by miracles But how shall wee beleeue that these miracles are from God or that he doth them in testimony of that mans sanctity For that miracles are done is not enough to constitute a Saint for wicked men may doe them say your Authors And in this case they can proceede no farther then to an Historicall beleefe that Miracles are done And I had thought that Bellarmine had required a better faith at our hâ—nds then Historicall and such as assures vs that Caesar was to ground Inuocation of Saints and to constitute an Heresie 4 And though not in Bellarmine yet in the Pope himselfe there appeare some scruples of diffidence and frailty and fallibility in this acte of Canonizing because after all his seuerall Inquisitions and searches which depend vpon matter of Fact and after his diuers iteration of prayers That hee may not erre and That hee may not be permitted to erre hee makes at last a publique protestation That he intends not by that act to do any thing against Faith 5 But if this can be certaine That those and none but those which are so Canonized may be publiquely Honoured as Saints yet that disease of which we spoke before is not cured hereby For it is still lawfull priuately to worshippe any of whose sanctity I haue an opinion Nor is this priuate worship so priuate in Bellarmines account that it may not bee exhibited before others but onely so priuate as it may not be done In the name of the Church and as though it were instituted by the Church So that whole Multitudes and Congregations may erre still and this by the authority of the Canon it selfe For thus Bellarmine reasons with more detortion and weakenesse then becomes the cause or his grauity In the two Canons saies he Audiuimus and Cum ex eo the Pope forbiddes publique worshippe and therefore a Contrario permits priuate If then that worshippe which in those two Canons he forbiddes to be publiquely exhibited may priuately be giuen and this priuatenesse exclude not whole Congregations then whole Congregations may lawfully worshippe as a Saint a man slaine in drunkennesse which is the case of the first Canon and lawfully worshippe venall and vncertaine Reliques which is in the second Canon since the forbidding of this in publique hath permitted it in this large and open priuate by Bellarminesâ—ashion â—ashion of arguing who saies also â—or this That the Doctors doe commonly affirme it 6 And whatsoeuer is said heere of Saints holdes as well in Martyres for with the same faith that I beleeue a man to be a martyre I beleeue
place Hoc in aeternum nunquam fiet that all Laymen will come vnder them they haue prouided that all Clergie men which be vnder them shall be safe enough as welll by way of Counsell for so Mariana modefies his Doctrine that the Prince should not execute any Clergy man though hee deserue it as by positiue way of Aphorismes as Emanuel Sâ doth That they are not subiects nor can doe treason and by way of Fact and publique troubling the peace of al Christendome as appeared by their late attempt vppon Venice for this Exemption 30 And as the immensnesse of this power auerts me from beleeuing it to bee iust so doeth this also decline me that they will not bee brought to tell vs How he hath it nor How hee got it For as yet they doe but stammer and the Word stickes in their iawes and wee know not whether when it comes it wil be Directly or Indirectly And they are as yet but surueying their Euidence they haue ioyn'd no issue nor know we whether they will pleade Diuine Law that is places of Scripture or Sub diuine Law which is interpretation of Fathers or super diuine law which is Decretals of Popes But Kings insist confidently and openly and constantly vpon the law of Nature and of nations of God by all which they are appointed what to do and enabled to do it 31 Lastly this infames and makes this Iurisdiction suspicious to me to obserue what vse in their Doctrine and Practise they make of this power For when they haue proceeded to the execution of this Temporall power it hath beene either for their owne reall and direct profit and aduantage as in their proceeding with the Easterne Emperours And drawing the French Armies into Italy and promouing and strengthning the change of the family and race of the Kings in France or else the benefit hath come to them by whose aduancement that Church growes and encreases as in the disposing of the Kingdome of Nauarre Or at least the example and terrour thereof magnifies the dignitie and reputation of that Church and facilitates her other enterprises for a good time after as a Shippe that hath made good way before a strong winde and vnder a full Sayle will runne a great while of her selfe after shee hath stricken saile 32 VVhen any of these reasons inuite them how small causes are sufficient to awake and call vp this temporall Authoritie The cause why Childerique was deposed was not sayes the Canon for his Iniquities but because he was Inutilis And this was not sayes the Glosse because hee was Insufficient for then hee should haue an assistant and coadiutor but because hee was Effeminate So that the Pope may depose vpon lesse cause then hee can giue an assistant For to bee Insuficient for the Gouernement is more directly against the office of a King then to bee subiect to an infirmitie which concernes his humanitie not his office 33 And when the officers and Commissioners of the Romane Court come to Syndicate Kings they haue already declar'd what they will call Enormities and Excesses by inuoluing almost all faults whether by Committing or Omitting in generall words As When he doeth not that for which he is instituted when he vseth his prerogatiue without iust cause when he vexes his Subiects when he permits Priests to kisse his hands when he proceeds indiscreetly and without iust reason And lastly For any such hunting as they will call intemperate To which purpose they cite against Kings generally those Canons which limit certaine men and times and maners And which as the Glosse sayes of some of them are meant De venatione arenaria When men out of vaine-glorie or for gaine fought in the Theaters with wild beasts And least any small errour in a King might escape them they make account that they haue enwrapp'd and pack'd vp all in this That it is all one whether a King bee a Tyrant or a Foole or Sacrilegious or Excommunicate or an Hereticke 34 This obedience therfore which we neither find written in the tables of our Hearts nor in the Scriptures nor in any other such Record as either our aduersary wil be tried by or can bind vs must not destroy nor shake that obedience which is Naturall and Certaine Cyril hath made this sentence his owne by saying it with such allowance It is wisely said That hee is an impious man which sayes to the King thou dost vniustly Much more may wee say it of any that affirmes a King to bee naturally impotent to doe those things for which he is instituted as he is if he cannot preserue his Subiects in Peace and Religion which the Heathen kings could doe whose Subiects had a Religion and Ministers thereof who wrought vpon men to incline them to Morall goodnesse here and to the expectation of future blessednesse after death though not by so cleare nor so direct waies as Christian Religion doth 35 The king therefore defends the Liberties of the Church as the nature of his office which he hath acknowledged and Declar'd and seal'd to his Subiects by an Oath binds him to do if he defend the Church of England from foraine vsurpation And a most learned and equall man hath obserued well That sidesâ— And since a Iesuite hath affoorded vs this confession That the Prince hath this Authoritie ouer Bishops that hee may call them as Peeres of â—is Realme And since their Clementines or the Glosser yeeldes to vs That a Church Prelate may bee a Traytor because hee holdes some temporalities how can they escape from being â—ubiect in all other cases since their naturall and nâ—tiue obedience is of a stronger obligation then the accepting or possessing of these Temporalities for if â—ure Diuino the Character of Order did obliterate and wash out the Character of ciuill Obedience and subiection the conferring of any temporall dignity or possession could not restore it for vnder color of a benefit it should endammage and diminish them when a little Temporall honour or profit shall draw their spirituall estate and person to secular â—uâ—iâ—dâ—ction â—or as Azorius will proue to vs the king may call a Bishoppe as a Baron to the Parliament and as the Canonist will prooue to vs he may call him to the Barre as a Traytor 36 To recollect therefore now and to determine end this point the title which the Prince hath to vs by Generation and which the Church hath by Regeneration is all one now For we aâ—e not onely Subiects to a Prinâ—e but Christian Subiects to a Christian Prince and members as well of the Church as of the Common-wealth in which the Church is And as by being borne in his Dominions and of parents in his alleageance we haue by birth-right interest in his lawes and protection So by the Couenant of Almighty God to the faithful and their Seede by being born of Christian Parents we haue title to
him to be a Saint And so it seemes doth that Catholique Priest who hath lately published a History of English Martyres For that which in the Title he calls Martyrologe in his Aduertisement he calles Sanctiloge And therefore it becomes both our Religion and Discretion to consider thoroughly the circumstances of their History whom we admit to the honour of Martyrdome 7 All Titles to martyrdome seeme to me to be grounded vpon one of these three pretences and claymes The first is to seale with our bloode the profession of some morall Truth which though it be not directly of the body of the Christian faith nor expressed in the Articles thereof yet it is some of those workes which a Christian man is bound to doe The second is to haue maintained with losse of life the Integrity of the Christian faith and not to suffer any part thereof to perish or corrupt The third is to endeuour by the same meanes to preserue the liberties and immunities of the Church 8 By the first way they entitle S. Iohn Baptist because he died for reprehending a fault against a morall Truth and that truth being resisted the Authour of truth is despised And therefore all truth is not matter conuenient for the exercise of this vertue as the conclusions of Artes and Sciences though perfectly and demonstratiuely true are not but it must be such a truth as is conuersant about Christian piety and by which God may be glorified which cannot be except he might be iniured by the denying thereof So the Euangelist when our Sauiour spake of S. Peters Martyrdome saies He signified by what death hee should glorifie God For all Martyredome workes to that end And this first occasion of martyrdome seldome fals out in Christian Countries because in Christ the great Mirrour of all these truthes we see them distinctly and euidently But sometimes with Heathen Princes before they arriue to this rich and pregnant knowledge men which labour their conuersion begin or touch by the way some of these Morall dueties and if they grow odious and suffer for that they are perfect Martyrs dying for a morall Trueth and in the way to Christ. 9 By the second claime which is the Integritie of Catholicke Religion the professors of any Christian Church will make a specious and apparant Title if they suffer persecution in any other Christian Church For the Church of Rome will call the whole totall body and bulke of the points of their profession Integritie of Religion and the Reformed Churches call soundnesse puritie and incorruptnesse integritie The Roman thinkes Integritie hurt by nothing but Maimes and we by Diseases And one will prooue by his death that too little is professed and the other that too much But this aduantage we haue that by confession of our aduersaries all that wee affirme is True and Necessarie and vpon good ground we assure our selues that nothing else is so and we thinke that a propensenesse to die for profession of those points which are not necessarie will not constitute a Martyrdome in such a person especially as is of necessarie vse 10 Amongst other things which our Blessed Sauiour warnes his followers this is one That none of them suffer as a busie body in other mens matters but if he suffer as a Christian let him not be ashamed but glorifie God And in another place hee cals them blessed If others say all maner of euill of them falsely and for his sake So that the prohibition forbids vs to suffer for those things which doe not certainely appertaine to vs And the instruction ties the reward to these conditions That the imputations be false That they be imputed for Christs sake that is to dishonour him and that we suffer because we are Christians 11 Since therefore some of you at your Executions and in other conferences haue added this to your comfoâ—t and glory of Martyrdome That because the Kings mercie hath beene offred you if you would take the Oath therefore you died for refusing the same Though your Assertion cannot lay that vpon the State who hath two discharges One that you were condemn'd for other Treasons before that offâ—r The other that the Oath hath no such Capitall clause in it yet since as I said you take it vpon your Consciences to bee so Let vs Examine whether your refusall of the Oath bee a iust cause to Die vpon this point of Integritie of Faith by that measure which our Sauiour gaue in his Prohibition and in his Instruction 12 Is it then any of your matters or doeth it belong to you by your Doctrine and by your Example in refusing the Oath to determine against Princes Titles or Subiects Alleageance If this be any of your matters then you are not sent onely to doe Priestly functions And if it be not then you suffer as busie bodies in other mens matters if you suffer for the Oath 13 And then what is imputed to you which is false which is another condition required by Christ if you be called traytors then when after apparant transgressing of such lawes as make you Traytors you confirme to vs a perseuerance in that Trayterous disposition by refusing to sweare Temporall Alleageance Wherein are you lesse subiect to that name then those Priestes which were in Actuall plots since mentall Treason denominates a man as well as mentall heresie You neither can nor will condemne any thing in them but that they did their treason before any Resolution of the Church and haue you any resolution of the Church for this That the King may be deposed when he is excommunicated If you haue you are in a better forwardnesse then they and you may vndertake any thing as soone as you will that is as soone as you can For you haue as good opinions already and as strong authorities That a King of another Religion then Romane is in the state of an excommunicate person before Sentence as you haue for this That an Excommunicate King may be deposed And would you thinke it a iust cause of Martyrdome to auerre that the King is already vnder excommunication 14 And to proceede farther in Christs Instruction are these things said of you for Christs sake Are you if you be called Traytors for refusing the Oath reproued for anie part of his Commandements If it were for exercising your Priestlie functions you might haue some colour since all your Catholique Religion must bee the onely Christian Religion But can that state which labours watchfullie and zealouslie for the promouing of Christs glorie in all other things bee saide to oppose Christ or persecute him in his Members for imputing trayterous inclinations to them who abhorre to confirme their Alleageance by a iust Oath 15 Lastly can you say you suffer as Christians that is as Christ there intended for Christian faith which is principally the matter of Martyrdome Aquinas cites this out of Maximus The Catholique faith is the mother of martyrdome And he explicates
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
solemne and famous Canon of Gregory the seuenth Nos sanctorum Of whom since he had made a new rent in the body of the Church as Authors of his own Religion if he had any professe it is no maruaile that he patched it with a new ragge in the body of the Canon law Thus therefore he saies Insisting vpon the statutes of our predecessors by our Apostolique authority wee absolue from their Oath of Alleageance all which are bound to persons excommunicate And we vtterly forbid them to beare any Alleageance to such till they come to satisfaction But to whom shall these men be subiect in the meane time To such a one as will be content to resigne when so euer the other will aske forgiuenesse Ambition is not an ague it hath no fits nor accesses and remittings nor can any power extinâ—guish it vpon a sodaine warning And if the purpose of Popes in these deposings were but to punish with temporarie punishment why are the Kingdomes which haue been transferred by that colouâ— from Hereticall Princes still with-held from their Catholique Heires 29 But who these predecessors of whom the Pope speaks in this letter were I could neuer find And it appeares by this that this was an Innouation and that he vsed Excommunication to serue his own ends because in another Canon he sayes That many perished by reason of Excommunications and that therefore he being now ouercome with compassion did temper that sentence for a time and withdraw from that band all such as communicated with the excommunicate person except those by whose Counsaile the fault was perpetrated which induced the Excommunication And this sayes the glosse he did because he saw them contemne excommunication and neuer seek Absolution for all those whom he exempts by this Canon were exempt before his time by the law it selfe So that where he sayes Temperamus it is but Temperatum esse ostendimus and hee did but make them afraid who were in no danger and make them beholden to him whom the law it selfe deliuered And of this Canon in speciall words one of their great men sayes That it binds not where it may not be done without great damage of the subiect 30 Of his Successor almost immediate for Victor the third lasted but a little I finde another Canon almost to the same purpose for he wrâ—tes to a Bishop to forbid the Souldiers of an Earle who was excommunicate to serue him though they were sworne to him For sayeâ— heâ— They are not tied by any authority to keepe that alleageance which they haue sworne to a Christian Prince which resists God and his Saints and treads their precepts vnder his feete But in this man as Gregories spirit wrought in him whâ—lst he liued for he was his Messenger to publish the Excommunication against the Emperour in Germany so Gregories ghost speakes now for all this was done to reuenge Gregories quarrell though in his owne particular hee had some interest and reason of bitternesse for he had beene taken and ill vsed by Henry in Germany 31 In the 25 Cause there is a Canon which tasts of much boldnesse What King so euer or Bishop or great person shall suffer the Decrees of Popes to be violated Execrandum Anathema sit But these for in this Cause there are diuers Canons for the obseruing of the Canons are for the most part such imprecations as I noted before Gregory the first â—o haue made for preseruation of the priuiledges of Medardus Monastery and some other of the same name of which kinde also Villagut hath gathered some other examples And at farthest they extend but â—o excommunication and are pronounced by the Popes themselues and are intended of such Canons as are of matters of faith that is such as euen the Popes themselues are bound to obserue as appeares here by Leoâ—he â—he fourths Canon Ideo permittente And here I will receiue you from Gratian and leade you into the Decretals whom they iustly esteeme a little better company 32 To proue the Popes generall right to interpose in all causes which seemes to conduce to the Question in hand they cite often this case falling out in England which is vpon seuerall occasions three or foure times intimated in the Decretals It was thus Alexander the third writes to certaine Bishoppes in England to iudge as his Delegates in a Matrimoniall cause And because the person whose legitimation was thereby in question was an â—eire and the Mother dead and the Pope thought it not fit that after her death her marriage should bee so narrowly looked into since it was not in her life therefore he appoints That possession of the land should bee giuen first and then the principall point of the marriage proceeded in And by this they euict for him a title in temporall matters Accessorily and Consequently But if they consider the times they may iustly suspect vniust proceeding For it was when Alexander the third did so much infest our King Henry the second And it seemes he did but trie by this how much the King would endure at his hands for when he vnderstood that the king tooke it ill then came another Letter related also in the Canons wherein hee confesseth that that matter appertaines to the King and not to the Church And therefore commaundes them to proceede in the matter of the marriage without dealing with the possession of the land 33 Another Canon not much vrged by the defenders of direct Authoritie but by the other faction is a Letter of Innocent the third In which Letter I beleeue the Pope meant to lay downe purposely and determinately how farre his power in Temporall matters extended For it is not likely that vpon a Petition of a priuate Gentleman for Legitimation of his Children who doubted not of his power to doe it the Pope would descend to a long discourse and proofe out of both testaments and reasons of conueniencie that he might doe it and then in the end tell him hee would not except hee meant that this Letter should remaine as euidence to posteritie what the Popes power in Temporall causes was Let vs see therefore what that is which he claimes 34 A Subiect of the King of France who had put away his Wife desires the Pope to legitimate certaine Children which he had by a second wife And it seemes he was encouraged thereunto because the Pope had done that fauour to the King of France before The Pope answers thus By this it seemes that I may graunt your request because I may certainely Legitimate to all spirituall capacities and therefore it is Verisimilius probabilius that I may doe it in Temporall And sayes he It seemes that this may be prooued by a similitude because hee which is assumed to bee a Bishop is exempted thereby from his fathers iurisdiction and a slaue deliuered from bondage by being made a Priest And hee addes In the patrimonie I