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
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
Iudges within the gates doe not agree the Iewes ought to haue recourse did consist only of Priests and not of temporall but of spirituall Iudges and that the Iudge mentioned in this place they ought obey was either the high Priest himselfe or rather some other inferiour Priest subordinate to him neuerthelesse he cannot prooue from hence as he pretendeth that the highest tribunall for iudgement not only for spirituall but also for politicall and temporall causes was in the hands of the high Priest For all that is ordained for the Priests and Iudges to do in this place of Deuteronomie is only to decide determine and declare the doubts and difficulties of the law to whose commandement and decree euery man was bound by the expresse law of God vnder paine of death to stand but to decide and declare what is the law of God to instruct the people therin and to command the people to obey their declaration instruction commandement is not a temporall but a pure spirituall cause as well obserueth Abulensis in cap. 11. Num. q. 23. 24. in cap. 18. Exodi q. 5.8 11. 16 And what Catholike man will deny that the spirituall Pastours of the Church of Christ haue also authoritie to declare and determine what is the law of God when any doubt or difficulty shall arise and to command all Christians euen temporall Princes who are subiect to them in spirituals to obey their decree and determination and yet from hence it can not be rightly inferred in that manner as my Aduersarie from those words of Deuteronomie would conclude that the highest tribunall for iudgement in the new law not only for spirituall but also for politicall and temporall causes is in the hands of the chiefe spirituall Pastour for that to decide and determine what is the law of Christ and to command Christian Princes to obey their decision and determination is not a temporall but a meere spirituall cause 17 But if my Aduersarie had prooued as he hath not that the Priests of the old law had authoritie not only to interpret the law and to command the people to follow their interpretation but also to pronounce the sentence of death and to execute the same against those who should not obey their declaration and decree then hee had said something to the purpose for to inflict temporall punishments and to pronounce the sentence of death and to execute or inflict the same for what crime soeuer it be either temporal or spiritual is a temporal not a spiritual actiō I say to inflict temporal punishmēts c. For as I haue often said to impose or enioine temporal punishments and to command temporall Iudges to do iustice according to the law by punishing malefactours with corporall death if it be so ordained by the law may if it be done for a spiritual end be a spiritualactiō belonging to the authority of spiritual Pastors Neither can my Aduersarie prooue that the Iudge who was to giue sentence of death against those who either did not obey the commandement of the Priest and the decree of the Iudge or committed any other crime worthie of death by the law as blasphemie adulterie Sodomie c. was either a Priest or a temporall Iudge who had his authoritie deriued from the high Priest as he was a Priest I say as he was a Priest for that sometimes the chiefe temporall Iudge as I obserued before out of the Glosse was also a Priest as in the time of Holy Moyses and the Machabees and then he had authoritie to giue sentence of death not as he was a Priest but as hee was a temporall Prince or Iudge 18 Wherefore to little purpose is that which Mr. Fitzherbert immediately addeth Besides that saith he m Pap. 71. nu 6. afterwards God commanded the people exactly to obey the Priests Deut. 24. without mention of any other Iudge threatening to punish them him selfe in case they should transgresse the same saying Obserua diligenter c. Obserue diligently that thou incurre not the plague of Leprosie but shalt doe whatsoeuer the Priests of the Leuitical stocke shal teach thee according to that which I commanded them and doe thou fulfill it carefully So said Almightie God And to mooue them the rather to this exact obedience which he commanded he added presently Remember what our Lord God did to Mary in the way when you came out of Egypt that is to say how seuerely God punished Mary the Prophetesse sister to Moyses for her disobedience to him was stroken with leprosie for the same by which example Almightie God did notably inculcate vnto the people the necessitie of their obedience to the Priest and the danger of his indignation and seuere punishment which they should incurre by neglecting their dutie therein Thus said I in my Supplement and hauing prooued afterwards most n Nu. 12. 13. 14. 15. 16. 17. amply that God gaue also to the high Priest not only a soueraignitie of authoritie but also an infallibilitie of doctrine iudgement in causes of doubts and controuersies euen of temporall matters and hauing also shewed the great priuiledges of the Leuites and Priests who were separated wholly c. 19 But what followeth from all this No man maketh any doubt but that the Priests of the old law were to be obeyed in those things wherein they had authoritie to comand as likewise neither Mr. Fitz. can make any doubt but that the cōmandement of the temporall Prince or Iudge was exactly to be followed in those things wherein they had authoritie to command True it is that the Priests were the chiefe interpreters of the law of God in the old Testament according to those words of the Prophet Malachie The lippes of the Priest shall keepe knowledge Malach. cap. 2. and the law they shall require of his mouth because he is the Angell or Messenger of the Lord of Hosts and that it belonged to the Priests to declare whether one was infected with leprosie or no But from hence it can not rightly be concluded that it belonged to the Priests as they were Priests but to the temporall Iudges of the people or to the children of Israel that is the whole multitude from whom the temporarall Iudges had commonly their election and authoritie to giue sentence of death and to inflict any temporall punishment appointed by the law And therefore although God ordained Leuit. 13. that Aaron or any one of his sonnes should declare and iudge who was infected with leprosie and after his declaration and iudgement that he was a leaper he should be separated yet it belonged to the children of Israel not as they were ministers of the Priests but of God who was their King and ordained that punishment to separate him and cast him out of the campe according to that of Num. 5. And the Lord spake to Moyses saying Command the children of Israel that they cast out of the campe euery leaper and
people doe excell in dignitie the Prince 50 But as touching his second inference for of the first I haue spoken before it is very vntrue that the people are superiour to their absolute Prince in dignitie or authoritie but contrariwise it is manifest that a King is superiour and aboue the people and the people inferiour to their King This shall be the right of the King that shall reigne ouer you saith the holy Scripture 1. Reg. 8. and in the same place the people said there shall bee a King ouer vs and we will bee as all nations and blessed bee the Lord my God said King Dauid o Psal 143. who subdueth my people vnder mee wherefore there is no doubt to bee made but that the Iewes were bound to obey the high Priest in spirituall matters but that all men were bound to obey the high Priest in temporall affaires or that the spiritual power was in the old law the supreme power not only in excellencie nobilitie or dignitie but also in authoritie and chastised Princes temporally which Mr. Fitzherbert pretendeth heere to make manifest this hee neither hath nor euer will bee able with any manifest proofe to conuince And thus you haue seene how insufficient are all the arguments which Mr. Fitzherbert hath brought out of the old law before the institution of the Kings of Israel now you shall see how weake the rest of his arguments are which he bringeth out of the old law since that the Israelites demaunded of Samuel to haue a King ouer them as other nations had 51 But first of all Mr. Fitzherbert laboureth in vaine to prooue that which no man calleth in question to wit that the authoritie of the high Priest in the old Testament was neither changed nor diminished by the institution of Kings but that as the Law of God deliuered to the Iewes by Moyses did continue in full force without any alteration or change during the time of Moyses of Iosue and the Iudges so the same was not altered or changed afterwards by the institution of Kings and that God did not change the forme and course of the Law in fauour of Kings or turned the same vpside downe contrary to the course of nature as Mr. Fitzherbert auoucheth some of his Aduersaries absurdly to affirme For it is a meere fiction that by the institution of Kings the Law of Moyses was altered or the authoritie of the high Priest changed or diminished or that the same superiority which the high Priest as he was high Priest had aboue the temporall state to wit in spirituall affaires before the institution of Kings did not continue in the high Priest after that the Kings of Israel were instituted And therefore Mr. Fitzherbert faigneth absurd opinions to haue occasion to impugne them For the institution of Kings did not alter or diminish at all the spirituall authoritie of the high Priests but it did only change the maner of the temporall gouernment and it caused that the supreme temporall authoritie or dominion was onely in one man and the temporall gouernment to be simply Regall or Monarchicall whereas before the institution of Kings it was not alwaies so 52 For albeit Moyses and Iosue were appointed by God to bee Iudges and Leaders or Captaines of the people of Israel and they had greater authoritie then the other Iudges had yet they were not properly Kings neither had they speaking properly true Regall dominion and authoritie as Abulensis y Q. 19. in ca. 8. Iudic. doth well obserue And as for the other Iudges of Israel their authoritie was farre inferiour to Regall authoritie or dominion For as the same Abulensis z Q. 5. in prolog D. Hicron in librum Iosue q. 7. 12. in Prolog lib. Iudic. doth also well obserue there was a great difference betwixt Kings and Iudges both in power and iurisdiction For the power of Kings was most ample But the Iudges had ouer the people no authoritie to command as due to them by iurisdiction but they were onely industrious men for warres and for giuing counsell and by their aduice the people were directed in all things yet they had ouer the people no other authoritie then the people would giue them and the people did obey them as it were freely when they did see that they commanded or counsailed nothing but that which was iust whereupon they were not called Lords or did they rule raigne or had proper dominion ouer the people but they did onely gouerne or iudge because Lords or they that reigne and haue proper dominion or Seigniorie are those who doe whatsoeuer they vvill if it be not against law or reason and the subiects are bound to obey them in all things such are Kings but the power of the Iudges did extend to no other thing then to that vvhich vvas vvritten in the law in so much that Kings might doe vvhatsoeuer the law doth not forbid but Iudges might onely doe that vvhich the law commanded So that the power of those Iudges vvas but little 53 First because it vvas giuen them freely by the people neither had they more authority then the people gaue them and they vvere chiefly chosen to make vvarre against the enemies for vvhich cause they vvere called Sauiours And although after they had ouercome their enemies the people had no great neede of them yet by the consent of the people they remained afterwards as long as they liued in their authoritie to iudge And if any one obiect that the power of the Iudges vvas not giuen them by man but by God for as is vvritten Iudic. 3. God raised them a Sauiour called Aod I answere saith Abulensis that the Iudges vvere made by the election of the people and from the people they receiued a limited power but they vvere not chosen by the people alwaies after one manner For some vvere made Iudges because God commanded them that they should fight for the people so vvas Barac For the prophetesse Debbora tolde him on the behalfe of God that he should fight against Sisera Iudic. 4. and yet after he had wonne the battell he vvas not yet a Iudge or Prince of the Israelites but because the people saw that God vvould deliuer them by the meanes of Barac they chose him for their Iudge So also it happened concerning Gedeon For the Angel of our Lord did appeare vnto him and commanded him that he should goe to deliuer Israel from the hand of Madian Iudic. 6. And vvhen he victoriously finished the warre the Israelites tooke him for their Iudge neither vvould they onely haue made him their Iudge but also their Lord and King as it appeareth Iudic. 8. 54 Others vvere taken for Iudges not by the commandement but by the instigation of God to wit because when the Israelites were oppressed vvith these calamities and vvanted a Sauiour God gaue his spirit to certaine men by vvhich they vvere couragious vvise and most fit for vvarres vvhom the Israelites seeing did take
serued him but the rest which belonged to the Kingly affaires Ioathan did and perchance it is called a free house because it was out of the Citie Therefore that the Kingly estate prouision pompe should not cease Ioathan Ozias his sonne gouerned the Kings Pallace to wit he remained in the Kings house and all the Nobles and mightiest men of the Land had recourse to him as they were wont to haue recourse to Ozias and he kept all the seruants and all the other prouision which his Father kept that the Regall state should not seeme to be diminished and yet he was not called King neither did he sit in the Kings seate of estate and the rest as follow before nu 104. 108 Wherefore D. Schulckenius perceiuing this his assertion not to be grounded either in Scripture reason or any other authoritie flyeth backe againe to his former answere that Ozias was at least wise depriued of the administration of the kingdome from whence first it is prooued sayth he that the Pope may inflict vpon a King for a iust cause a temporall punishment as is the depriuing of the administration of the kingdome and secondly from thence consequently it is gathered that for a most important cause and a very heinous crime as is heresie he may inflict a greater punishment as is the depriuing him altogether of his kingdome 109 But although I should grant to this Doctour that the High-Priest did depriue King Ozias per accidens and consequently not onely of the administration of the kingdome but also of the kingdome it selfe and right to reigne that is by declaring him to be a leper which disease did by the law of God as we now suppose but doe not grant depriue him ipso facto of his right to reigne yet froÌ„ thence it cannot be proued that the Pope hath the like authoritie to depriue an hereticall King of his Kingdome or the administration thereof per accidens or consequently for that no punishmeÌ„t is appointed by the law of Christ to heresie as it was in the old law to leprosie but to punish heretikes with this or that kind of spirituall punishment Christ hath left to the discretion of spirituall Pastours and to punish them with temporall punishments to the discretion of temporall Princes who therefore as well said Dominicus Bannes may put heretikes to death or punish them in some other manner But if Christ our Sauiour had in the new law assigned particularly any temporall punishment as death banishment priuation of goods or the like for those who should bee infected with heresie as God in the olde law did ordaine that lepers should dwell out of the Campe in a house apart then the Pope might indeed punish heretikes temporally per accidens and consequently to wit onely by declaring the law of Christ and that they were infected with heresie to which crime such punishments are according to this supposition appointed by the law of Christ Neither should he heerein transcend his spirituall authoritie But to execute this law by putting heretikes to death or by inflicting vpon them temporall punishments and punishing them actually with the same doth exceede the limits of that spirituall authoritie which hath beene giuen to the Priests eyther of the new law or of the olde 110 And albeit Pope Innocent the fourth and also other Popes haue depriued Soueraigne Princes very few times for heresie but often for other crimes not onely of their administration but also of the kingdome it selfe yet this is no sufficient ground to prooue that they had any true and rightfull power so to doe as it is manifest of it selfe and in my Apologie I haue declared more at large z Nu. 444. 445 for that it is one thing saith Cardinall Bellarmine a In Respons ad Apolog. pag. 157. Edit Colon. to relate the facts of Kings and so of Popes and other persons and another thing to prooue their authoritie and power And thus much concerning the first part of my answere to the antecedent proposition of Cardinall Bellarmines argument The second part of my answere was contained in these words 111 Neither also doth Cardinal Bellarmine sufficiently confirme that the Leuiticall Priests had authority to depriue Kings that were infected with leprosie onely of the administration of their Kingdomes for that time onely that they were infected with leprosie For albeit Ozias after he was stricken by God with the plague of leprosie did not administer the kingdome the cause thereof might bee for that hee being not fit to gouerne the kingdome during the time of his infirmitie did commit the gouernment to Ioathan his sonne and did appoint him the Administratour of the kingdome vntill he should be restored to his former health But that a Priest of the old law had authority to depriue Kings being infected with leprosie either of their kingdomes or of the administration thereof it cannot bee sufficiently gathered from the holy Scripture As also we cannot sufficiently collect from the holy Scripture that a Priest of the old law had authoritie to depriue housholders being infected with leprosie either of their goods or of the administration thereof although it be very like that seeing such householders ought at the iudgement of the Priest declaring them to be leapers to dwell out of the campe they themselues did commit to others the authoritie to bee administratours of their goods for the time they were infected with leprosie And so the weakenesse of the antecedent proposition is manifest 112 Now you shal see in what a shuffling manner D. Schulckenius replieth to this my answere I answere saith he b Pag 5â—â— These make nothing to the matter It is enough for vs that King Ozias did by the commandement of the High Priest dwell in a house apart from the time of his leprosie vntill his death and that seeing hee could not conuerse with the people he was enforced to permit the administration of the kingdome to his sonne so that nothing at all concerning the affaires of the kingdome was referred to him But if he had not beene subiect to the power of the High Priest he might haue contemned the high Priest and against his will dwell in the Kings Cittie and gouerne the kingdome either by himselfe or by his Ministers For leprosie doth not take away the iudgement of the mind and wisedome necessarie to gouerne Truly Naaman Syrus was a leeper and because he was not subiect to the high Priest of the Hebrewes he did nâ—t dwell in a house apart but he was the Generall of Warfare and he went wheresoeuer he would See 4. Reg. 5. And in the same manner the High Priest might depriue housholders of the administration of their goods especially if they had any in Citties because he did separate them from the people or the conuersation of men and did exclude them from Citties and consequently depriued them of the administration of those goods which they had in Citties albeit they might administer them by
Instit de patr potest Glossa ibidem Moli disp 228. and the Glosse vpon the Ciuill law doe well obserue the authoritie which Parents haue ouer their children was introduced by the Ciuill law of the Romanes from the time as the Glosse saith of Romulus the effects of which fatherly power authoritie or command the Glosse doth in briefe but Molina more at large set downe 93 Wherefore the Reader may by the way obserue that there is a great difference to be made betwixt the power and authority which Parents now liuing in ciuill Society haue ouer their Children consequently the obedience of Children answerable thereunto and the power and authority which the Ciuill Common-wealth or the supreme temporall Prince haue ouer subiects because all the authority and command which Parents haue ouer their children proceedeth from the Ciuill Common-wealth and is wholy depending thereon and not from the law of nature and therefore the obedience which children owe to their Parents supposing them to be Parents cannot properly be called naturall but ciuill obedience but the supreme authoritie that the temporall Common-wealth hath ouer her subiects supposing the aduniting of men in Ciuill Societie Bellar. lib. 3. de Laicis cap. 6. is euen according to Card. Bellarmines doctrine deriued from the law of nature Yea also it is very probable and affirmed by diuers learned men as I haue shewed heretofore x In Append. cōtra D. Schulcken calumnia 16. nu 8. that the supreame power and authority which temporall Princes haue ouer their subiects doth also proceed from the law of nature and prescript of naturall reason although their title or the designing of their persons to be Princes is not deriued from the law of nature but from the Common-wealth it selfe for which cause wee may truely and properly call that obedience which subiects owe to the ciuill Common-wealth or the Soueraigne Prince thereof not onely ciuill but also naturall obedience or allegiance consequently the bond thereof to be greater then the obligation of the Sonne to his Father the wife to the Husband and the slaue to his Lord. 94 Now to Mr Fitzherberts argument I answered in the said Appendix to Suarez that as the power and authority which Parents haue ouer their children is granted to them by the ciuill Common-wealth so also it cannot be taken away from them but by Ciuill authority And therefore those Canons either of Popes or Councels wherein children are exempted from the power and authoritie which by the Ciuill law their Parents haue ouer them doe either confirme that which was first decreed by the Imperiall law or they are made with the expresse or tacite consent of temporall Princes or they doe onely declare the law of God and nature to wit that children are to forsake the company of their Parents when by conuersing with them they are in danger to offend their Creatour As when the Father is accounted to be dead ciuilly either by some great sinne committed by him as heresie and treason or otherwise or if he make profession in an approued Religion whereby he is accounted dead to the world his Children are discharged by the Ciuill law from the power which he had ouer them as you may see in Molina in the place whereto my Aduersary remitteth his reader For it is a rule of the Ciuill law that naturall and ciuill death are equiualent concerning ciuill acts as noteth the Glosse vpon Leg. si decesserit ff qui satisdare So likewise if one be ordained a Bishop he is discharged thereby from the power and authority which his Father hath ouer him Authent de Sanct. Episcopis cap. 3. § Si uero contigerit And in this particular case which Mr. Fitzherbert here vrgeth that decree of the fourth Councell of Toledo was made by the authority and consent of King Sisennandus as I haue shewed more at large in that Appendix against Suarez Besides the decree of that Councell if it be vnderstood of Children which haue discretion is onely a declaration as I there obserued of the law of God and Nature whereby the baptized children of Iewes are freed not from the power or right which Parents haue ouer their Children but onely from their company for that the law of God and Nature forbiddeth all conuersation whereby one may incurre probable danger of reuolting from the faith or falling into any other sinne 95 And the like is to be said of the discharge of slaues and bondmen from the company of their Lords when the said slaues are Catholikes and their Lords heretikes For although these slaues if they be in danger to be peruerted may by the law of God Nature absent themselus from the company of their Lords vntil the danger be past as likewise a catholike wife may depart frō the company of her husband who is an heretike if she be in danger of being peruerted by his company this the Church hath power to declare and command them vnder paine of spirituall Censures to performe Neuerthelesse the Church hath no authority to dissolue the bond of Matrimony or to take away the right or fatherly power which hereticall Parents haue ouer their Children or to release the bond of slauery by which Lords haue a right or dominion ouer their slaues And therefore when the danger of being peruerted is past the wife is bound to returne to her Husband the Child to his Father and the bondman to his Lord vnlesse by the authority of the temporall Prince the Childe bee freed from the right and power which his Father had ouer him and the slaue from his bondage And therefore à fortiori and by a stronger reason the Church hath not authority to discharge subiects from the bond of obedience and allegiance to an hereticall Prince both for that thisis a temporall and ciuill punishment which therefore to inflict doth not belong to spirituall power and also for that temporall Princes being in temporals next vnder God cannot be temporally punished but by God alone and also because this bond of allegiance is naturall whereas the other obligations by which a wife a childe a slaue are bound to obey her husband his Father his Lord is ciuill and deriued from the Ciuill Common-wealth Neuerthelesse I doe not denie that the Church by a declaratiue precept may command the subiect to forsake the company of his Prince yea and perchance to depart the land if by such staying he be in probable danger to be peruerted yet still hee remaineth subiect to his Prince and when this danger is past he is bound by vertue of his allegiance to returne againe at the commandement of his Prince 96 And by this it is manifest how grossely Mr. Fitzherbert is deceiued in affirming so boldly That the bond of allegiance to the Prince is not greater then the obligation of the Sonne to the Father the Wife to the Husband and the Slaue to his Lord Seeing that all the obedience which a Childe oweth to his
Supplement is that the Emperours constitution is no way preiudiciall to the Canon of the Councell but a cleare confirmation thereof which I neuer denied and that the Emperours law could extend no further then to his owne subiects and that the Emperour himselfe and all Soueraigne Princes are vnder the iurisdiction of a generall Councell and subiect to her decrees whereof also no man maketh doubt if those decrees concerne spirituall affaires but if they concerne meere temporall matters wherin temporall Princes are supreame and not subiect to the iurisdiction of the Church as are the inflicting of temporall punishments for what cause crime or end soeuer they be inflicted the whole drift of my Apollogie was to prooue it to be probable that the spirituall authority and iurisdiction of the Church doth not extend to the inflicting of temporall punishments for any cause crime or end whatsoeuer and consequently that the inflicting of such temporall punishments although it be for a spirituall end is a meere temporall matter wherein temporall Princes are supreame and subiect to none but God Which being so I had no reason to take any formall notice in that briefe Admonition of all the idle discourses hee made in his Supplement and which either were nothing at all against mee or might easily be satisfied by that I had said before in my Apologie But Mr. Fitzherbert doth shamefully corrupt my words and meaning and fowlely abuse me and his Reader in affirming as you haue seene that I doe restraine the sense of the Canon to the limits of the Emperours temporall power which could not exceede his owne dominion whereas I made no such restraint but extended the sense of the Canon to the Dominions of all Christian Princes by whose consent and authority that Canon for as much as it concerneth the inflicting of temporall punishments was made and had force to binde 47 Neither as I said doth the reason which Mr. Fitzherbert bringeth concerning the distinction of the Canon and of the Emperours decree in extension any way impugne but confirme the argument I brought from the Emperours law because or the same reason which Mr. Fitzherbert alleageth why those generall words Dominus temporalis or principalis cannot in the Emperours decree comprehend absolute Princes for that they are not subiect to him in temporals I also affirme that the same generall words cannot in the Canon comprehend absolute Princes for that they are not subiect to the Pope or Church in temporals as is the inflicting of temporall punishments to which as I haue often said the spirituall power of the Church doth not extend And if my Aduersary cannot bring more cleare and pregnant demonstrations then these to confirme his new Catholike faith hee neede not to waste any more time and labour in producing such cleare and pregnant demonstrations which euery Catholicke man of iudgement may clearely see to bee apparant sophismes and that notwithstanding all his vaine brags of his cleare and pregnant demonstrations and of my absurd arguments and answeres so often repeated by him in the end the Reader will see that Parturiunt montes nascetur ridiculus mus 48 And although it be cleare enough that Dominus temporalis is a generall tearme including absolute Princes as well as other Lords yea and Masters yet because it is cleare that Dominus temporalis is not a proper tearme or title belonging to absolute Princes but common to all others of inferiour degree if any man should speake of them and giue them onely the titles of their Masterships Worships or Lordships he would both be accounted a rude and vnmannerly companion and also he should wrong those persons in giuing them onely those titles of worship or honour which are common to other persons of inferior ranke neither he that should onely vse such inferiour titles would be thought to speake of absolute Princes vnlesse some other circumstance should enforce vs to thinke the same And although it be also cleare that absolute Princes are subiect no lesse then the meanest Lord in Christendome to the decrees of a generall Councell which concerne spirituall matters yet because in meere temporall matters they are supreame and therin not subiect to any decree of Pope or Councell it is also probable that the inflicting of temporall punishments is a meere temporall matter and not belonging to the spirituall power of the Church it is also probable and no way absurd to say that Dominus temporalis in the Canon of the Councell wherein the inflicting of temporall punishments is decreed is not to be vnderstood of absolute Princes for the same reason that in the Emperours constitution it is not extended to them but to such onely as were subiect to him in temporals 49 But perhaps Widdrington will say saith Mr. Fitzherbert k Pag. 147. num 19. that he hath added another reason to fortifie the same which was as you haue heard before that Kings and absolute Princes are not included in penall lawes except they be specified therein by the names of Princes for so indeed he saith inserting the same cunningly into his inference to make his argument grounded on the Emperours law to seeme the more probable and therefore hauing said that the Emperour could not vnderstand either himselfe or other absolute Princes by the name of one who hath no principall Lord hee concludeth ex quo probabiliter collegi c. Whereupon I gathered probably that those words Non habens Dominum principalem not hauing a principall Landlord or Lord could not comprehend absolute Princes who are not to be vnderstood as included in penall lawes except they be namely expressed Thus he sliding subtilly as you see from the Emperours law and the reason grounded thereon to the priuiledges of Princes which belongeth to another question and shall be fully debated and cleared as I hope in the next Chapter And in the meane time I conclude for the present that in all this hee hath shewed himselfe very absurd and that my cold answere as he tearmeth it would haue beene hote enough to dissolue his frozen and friuolous argument if he had not wholly dissembled the force and substance of my discourse in my Supplement concerning this point 50 It is very true that I haue in that briefe Admonition also another reason why absolute Princes are not included in the Canon of the Councell vnder those generall names Dominus temporalis Dominus principalis or such like to wit for that in penall lawes they are not comprehended vnder such generall tearmes which denote titles of inferiour degree and dignity and in bringing this reason I vsed no craft or cunning but meant plainly and sincerely neither did I intend to slide cunningly and subtily as Mr. Fitzherbert would guilefully perswade his Reader from the Emperours law and reason grounded thereon to this reason for that the reason why in the Emperours law absolute Princes are not comprehended vnder those generall names of Dominus temporalis Dominus principalis is the
vnder the generall name of Priests or Clearkes nor Abbots vnder the generall name of Monkes nor Kings vnder the generall name of Lords Gouernours or Landlords he must according to his owne confession grant that I haue reason to exempt Emperours Kings and absolute Princes from the Canon of the Lateran Councell 34 Neither did I ground this my doctrine vpon the Canon Quia periculosum wherein it is decreed that in the case of Suspension Interdict Bishops are not comprehended vnder any generall words whatsoeuer vnlesse they be expressed by the name of Bishops but vpon the authorities aforesaid chiefly vpon that reason which Mr. Fitzher himselfe acknowledgeth to be most true that all lawes are to be vnderstood according to the power of the Law-maker and that therefore the obligation of euery Ecclesiasticall Canon is extended onely to those who are subiect to the spirituall authority of the Church as absolute Princes are not in meere temporall matters as is the inflicting of temporall punishments for what cause crime or end soeuer they be inflicted according to the probable doctrine of many learned Catholikes whom I haue named aboue in the first part of this Treatise and defended them from the friuolous exceptions which D. Schulckenius hath made against them 35 Finally saith Mr. Fitzherbert whereas Widdrington saith that the Synode would haue specified Princes by that name as well in this Canon if it had meant to include them therein as it did in some other Canons and Decrees concerning other matters who seeth not the vanitie of this coniecture For why should they be named more particularly then they are seeing that they are sufficiently comprehended in the generall tearme of Dominus temporalis a temporall Lord k He might as wel haue translated it a temporall Landlord n To wit no temporal Landlord aboue thē but the King which is also sufficiently explicated in this very Canon wherein we see that a temporall Lord l He might as well haue said a tempprall Landlord for Dominus temporalis signifieth both is diuided into two sorts the one of those who haue principall Lords m And also Landlords aboue them and the other of such as haue none of which sort are all absolute Princes that hold of none p And also other principall Landlords who haue no principall Landlord aboue them but the King who is not comprehended in odious matters vnder the name of a Landlord and therefore seeing that such are declared by the Canon to be subiect to the penaltie no lesse then those who holde of others it was needlesse to name them in other manner But belike my Aduersary will take vpon him not onely to interprete the Councell but also to teach it how to speake and what words to vse or else it must be of no force 36 No Mr. Fitzherbert God forbid that either I who professe my selfe to be a Catholike should be so arrogant as to take vpon mee to teach the Councell how to speake or what words to vse or that you who professe to be a teacher and to instruct others in this difficult controuersie which you will needes make a point of faith should bee so ignorant as not to know that the sense and meaning of the Councell is to be gathered from the sense and propertie of the words and that by the words we are taught what is the sense meaning of the Councell Now I haue sufficiently shewed before both by the authority of learned Lawyers and Diuines and also by conuincing reason that absolute Princes are not sufficiently comprehended in this Canon vnder the generall name of a temporall or principall Landlord Gouernour of Lord both for that it is a penall law wherein an Abbot is not comprehended vnder the generall name of a Monke nor a Bishop vnder the generall name of a Priest nor a King vnder the generall name of a Landlord Gouernour or Lord and ciefely for that it is such a penall law which is probable to bee a temporall and not a spirituall law for that it inflicteth temporall punishments which according to the probable doctrine of many learned Catholikes cannot be inflicted but by temporall or ciuill power and that therefore those generall words Dominus temporalis Dominus principalis a temporall or principall Landlord Gouernour or Lord cannot comprehend absolute Princes who in temporals are not subiect to the spirituall power of the Church for that the words of euery law are to bee limitted according to the power of the Prince that maketh them and that therefore the obligation of euery Princes law whether hee bee a temporall or spirituall Prince is extended onely to his owne subiects 37 And if my Aduersary flie to his ancient shift that all Emperours Kings and other Christian Princes are children of the Church therfore subiect to the spirituall Pastors thereof It is true in spiritualls but not in temporalls as is the inflicting of temporall punishments wherein they are not subiect but absolute and supreme True also it is that Dominus temporalis a temporall Lord is in this Canon diuided into two sorts of Lords taking a Lord as the canon here doth take him to wit not only for a title of honour which Knights Gentlemen many inferiour Magistrates as Shiriffes Bayliffes Constables haue not but for euery person who hath tenants vassals or other persons any way subiect to him in which sense euery Land-lord Magistrate is called Dominus temporalis a temporall Lord Gouernour or Land-lord The one sort is of those who haue principall and chiefe Gouernours or Land-lords aboue them as are all inferiour Magistrates and those who hold any land of others The other is of those who although they be subiect to the King yet they haue no other principall Land-lords or Gouernours aboue them and of this sort are both those who let their lands to others and yet hold their lands of none nor perchance of the King and also all principall Gouernours of the common-wealth who are subiect to no other then the King as are all the Lords or the body of the Kings priuie Councell together and in some sort the Lord Chancellour the Lord chiefe Iustice who haue no one principall Lord or Gouernour aboue them as all other subiects haue but the King alone yet neither of these sorts doe sufficiently expresse a King or a supreme and absolute Prince for that they are titles belonging also to subiects and inferiour persons And therefore the premises being considered it is probable that if the Councell had meant to haue comprehended Kings and absolute Princes in that Canon she would haue giuen them their proper titles of honour as she did in other Decrees and not include them in those common titles of honour which are giuen to persons of inferiour state and condition 38 And by this which I haue said in these two Chapters the Reader may cleerely see that these answeres which I haue giuen to the decree of the Lateran
of heresie or Apostacie from Christian Religion the Subiects could not bee absolued from the oath of allegiance or from the obligation that they owe to their Princes these his words I say doe neither contradict those English Catholickes who defend our English oath to be lawfull nor doe shew or signifie that Widdrington hath not brought any Diuines or Lawyers both French-men and of other Nations who affirme that the Pope hath no authority to depose Princes and to absolue subiects from the bond of their temporall allegiance For the Cardinals words are to be vnderstood secundum subiectam materiam according to the matter which he treateth of and which he would perswade his Reader the three estates of France endeauoured to establish by their oath to wit that the subiects of the King of France could not be absolued from the bond of their temporall allegiance by any authority whatsoeuer either spirituall or temporall 30 Now it is euident that I neither produced nor intended to produce any Authors who in these generall tearmes expresly affirme that the Subiects of an hereticall Prince cannot be discharged of their allegiance neither by the spirituall authority of the Pope nor by the temporall power of the Common-wealth for that it was not my meaning as being a thing altogether impertinent to our Oath of England to examine what authority the ciuil Common-wealth hath ouer their Prince in the case of heresie or Apostacie For our oath onely denieth the Popes authoritie to depose our King and to discharge his subiects from their temporall allegiance and with the authority of the Common-wealth it doth not intermeddle But that the Pope hath no authority to depose temporall Princes and that the spirituall power of the Church doth not extend to the inflicting of temporall punishments as death exile imprisonment depriuation of goods and such like but onely to Ecclesiasticall censures I haue brought many Authours both French and others to prooue the same among whom are Ioannes Parisiensis and also Iacobus Almainus cited here by the Cardinall in his Treatises Ioan. Paris de potest Reg. Pap. cap. 14. de Domino naturali ciuili Ecclesiastico o Concls 2. in probat 2. conclus and de authoritate Ecclesiae p Cap. 2. Maior in 4. dist 24. q. 3. where he writeth according to his owne opinion though not in his Treatise de potestate Ecclesiastica which the Cardinall citeth where he commenteth Occam and speaketh according to Occams doctrine albeit these Doctours doe on the other side affirme that the Common-wealth hath authority to depose a wicked and incorrigible King and so that the Pope may according to them depose him per accidens as Ioan. Parisiensis writeth or to vse Ioannes Maior his words applicando actiua passiuis as he that applieth fire to straw is said to burne the straw to wit by perswading aduising commanding and also by spirituall censures compelling them who haue authority to wit the people or Common-wealth to depose him and after he is deposed by the people or kingdome by declaring his subiects absolued and discharged from the naturall and consequently also spirituall bond of their allegiance but this is impertinent to our oath of England wherein only the Popes authority to depose depriue our King of his Dominions by way of iuridicall sentence is denied 31 Wherefore the English Translatour of the Cardinalls oration doth with as great boldnesse as with little truth shamefully affirme q In his Preface to the Reader that this difference is found between these two oathes that whereas the English oath in one of the clauses seemes to exclude not only the authoritie of the Church ouer Kings but euen of the common-wealth also yea though it should be accōpanied with that of the Church that of France shootes only at the abnegation of the Churches authority For contrariwise although the oath of France may as you shall see at the first sight seeme to deny both the authority of the Church and also of the Common-wealth to depose the King of France yet our Oath shootes onely at the abnegation of the Popes authority to depose our King and to absolue his Subiects from the bond of their temporall allegiance For as I haue shewed in my Theologicall disputation our oath doth onely affirme r Cap. 3. sec 4 that the Pope neither of himselfe that is by the spirituall authority which is granted him by the institution of Christ nor by any authoritie of the Church or Sea of Rome for that the Church or Sea of Rome hath no such authority nor by any other meanes with any other that is neither as a totall or partiall as a principal or instrumentall cause hath any power or authority to depose the King c. which last words doe only at the most import that whether the temporall Common-wealth hath any authority ouer the King for any cause or crime whatsoeuer or no with which question the King and Parliament did not intermeddle yet the Common-wealth hath giuen no such authority to the Pope either by himselfe or with any other to depose the King c. 32 But the oath of France doth expresly affirme that there is no power on earth whatsoeuer either spirituall or temporall which hath any right ouer his Maiesties kingdome to depriue the sacred persons of our Kings nor to dispence or absolue their subiects from that loyaltie and obedience which they owe to them for any cause or pretence whatsoeuer for these be the expresse words of the oath of France which our English Translatour as it seemes either hath not seene or maliciously abuseth his Reader in affirming so shamefully that the oath of France shootes onely at the abnegation of the Churches authoritie which words of the oath of France also the Cardinall of Peron seemeth to vnderstand generally of all temporall and spirituall power whatsoeuer either out of the kingdome or of the kingdome it selfe as both by the propounding the state of his question and also by the whole drift of his oration any iudicious man may gather for which cause as I imagine he affirmeth ſ Pag. 115. that our Oath of England is more sweete and modest or moderate then that of France And truely although the words may seeme to any man at the first sight to haue that sense which the Cardinall pretendeth seeing that they expresly deny all power on earth both temporall and spirituall yet both the Translatour of his oration applieth them onely to the Popes authority and also if those words which hath any authority ouer his Maiesties kingdome to depriue be well obserued they may in my iudgement haue a very true sense to wit that the temporall power which there is mentioned is not to be referred to the authority of the kingdome it selfe seeing that no kingdome hath truely and properly right power and authority ouer itselfe neither hath the kingdome of France any right ouer the kingdome of France to depriue
c. Which are the expresse words of the oath of France and therefore they must be applyed to the temporall power of some other forraine Prince or Kingdome and they seeme chiefely to shoot at the abnegation of that doctrine and position which Iohn Tanquarell by a Decree of the Parliament of Paris t Anno 1561. in Tract de Iuribus c. p. 289 was enioyned to recall and to aske pardon of the King for his offence in defending the same to wit that the Pope Christs Vicar and a Monarch hauing spirituall and secular power hath authoritie to depriue Princes who rebell against his precepts of their kingdomes and dignities 33 But howsoeuer it be whether in the oath of France the authority of the temporall Common-wealth ouer the King be denied or no it is plaine that neither our King and Parliament who established our oath did intend thereby to meddle with the authority of the Common-wealth but onely of the Pope nor I who disputed of our oath did meane to treat of any other authority then of the Pope which onely in our oath is denied And therefore the Lord Cardinall of Peron to impugne the oath of France dealeth very cunningly when he affirmeth as you haue seene before that Widdrington hath not found out one Authour either Diuine or Lawyer who hath said that in case of heresie or infidelity the subiects cannot bee absolued from the oath of fidelity and the obligation which they owe to their Princes 34 For albeit I haue not brought any one Authour onely D. Barclay excepted who affirmeth these two things together to wit that in the case of heresie or infidelity Princes can neither by the authority of the Pope nor of the Common-wealth be deposed and their subiects released of the bond and oath of their temporall allegiance for that those Doctours of France who absolutely deny the Popes authority to depose Princes and to inflict temporall punishments doe commonly maintaine that the temporall Common-wealth may depose their Prince for heresie or infidelity and consequently discharge the subiects of their temporall allegiance which being once released the spirituall bond of the oath made to confirme the same is foorthwith dissolued neuerthelesse I haue brought diuers Authours both Diuines and Lawyers who absolutely and without any exception of heresie or infidelitie doe in expresse words affirme though not ioyntly and together yet seuerally and apart that neither the Pope hath any authority to depose Princes or to inflict temporall punishments not that the kingdome or common-wealth hath any power or authority ouer their absolute Prince to depose him 35 For among those Doctours who affirme that the common-wealth hath authority ouer their Prince in some cases to depose him there are many whom I cited in the former part of this Treatise and also answered all the obiections that D. Schulckenius hath made against some of them who doe absolutely and without any exception affirme that the Pope hath not authority to depose Princes and that the power of the Church doth not extend to the inflicting of temporall punishments as death exile priuation of goods imprisonment c. which their generall assertion would be false if the Pope had authority to depose Princes and to inflict temporall punishments for any cause crime or end whatsoeuer For if the Pope hath power to inflict temporall punishments for heresie then it would be true that the power of the Church doth extend to the inflicting of temporall punishments and if the Pope can depose temporall Princes for heresie then it followeth that the Pope can depose temporall Princes which those Doctors doe absolutely deny 36 And among those Doctours who are vehement for the Popes authority to depose Princes and to inflict temporall punishments I brought u In Apol. nu 411. also diuers who deny that the people or common-wealth hath authority to depose their Prince The Pope onely hath authority to depriue or depose Emperours Kings and Princes saith Bartholus Baldus and Petrus Andreas Gambara And Gregorius Tholosnus Barth in leg si Imperator Cod. de Legibus nu 4. Bald. in proaemio ff veteris Gambara in tract de officio potest legati l. 2. tit de varijs ordinar titulis nu 220. Gregor Thol l 26. de Rep. c. 5 nu 14. 24. 25 albeit a French Doctour yet denieth that the people or common-wealth hath authority to iudge punish or depose their King And therefore he doth not approoue that fact of the Peeres of France in depriuing Childericke and expresly affirmeth that Pipin vsurped the Kingdome and he reprehendeth also the Pope who called saith he Pipin into Italy to helpe him against the Longobards and when he came he absolued him from the oath he had made to his King Childerike being neither heard nor called nor defended nor accused as Abbas Vspergensis and Entropius doe affirme and afterwards he saith that the Pope might bee deceiued in his opinion for that hee would reward Pipin bringing an army in his defence with the hurt of another And this in my iudgement is one of the chiefe causes that mooued the other French Doctours to be commonly of this opinion that the common-wealth may depose their King in some cases to excuse that fact of the French Peeres in deposing Childerike their true and rightfull King 37 Also Alexander Carerius a vehement defender of the Popes direct power in temporalls Carer l. 2. de Rom. Pont. c. 2. 3 in fauour of the Canonists against Cardinall Bellarmine is of the same opinion Hee that hath no Iudge vpon earth saith he Cap. 3. we must confesse that many Iudges cannot Iudge For in denying a singularitie by a collectiue and generall word pluralls are accounted to bee denied It is manifest therefore as hath beene said before that the Barons and people for want of coactiue power or authoritie which Vassalls haue not ouer their Lord cannot iudge nor depose their Prince And in the former Chapter answering the authoritie of Aristotle The Philosopher saith he speaketh of a King who is instituted by the election of the Communitie for such a one is punished and deposed by the Communitie which doth principally institute him as the Venetians and people of Genoa who choose to themselues a Duke and if he offend against the common-wealth shee may depose him But it is otherwise in a King who naturally and by succession and descending of a certaine race doth raigne And this assertion of Carerius and others seemeth agreeable to the common doctrine of the ancient Fathers cited by me elsewhere y Apol. nu 5. seq in Append. ad Supplicat calū 17. nu 14. who expresly affirme that Kings and Emperours are inferiour to none but God to wit in temporalls and that they can bee punished to wit with temporall punishments by God alone to whom onely they are subiect in temporalls So that you see how cunningly the Cardinall of Peron handleth this controuersie touching the deposition
whereupon not only the Bishops but also 15. Noblemen of the Kings Pallace doe subscribe their names to the decrees of that Councell f See Binnius tom ◠Concil in Conc. Tolet. 12 And the Glosse it selfe expounding those words of this Canon Praeceptum ipsi sesuis meritis a Palatinae dignitatis officio separabunt It is an argument saith the Glosse that if any man contemne Excommunication the Secular Iudge or his Land-Lord hath power to depriue him of his feude or farme 23 Neither from any decree of the Canon law or from any glosse or exposition of Ioannes Teutonicus who glossed these decrees collected by Gratian can it be certainely gathered that the Church by her spirituall power which she receiued from Christ but onely by the grant and authority of temporall Princes may inflict temporall punishments for of her power to inflict spirituall censures and also to command impose or enioyne temporall penalties there is no controuersie betweene my Aduersaries and me Neither also from any of those foure glosses here cited by Mr. Fitzherbert to wit either vpon the Canon Attedendum which Canon as I shewed aboue is falsly attributed to Pope Vrbanus the second and by all probability the whole Canon Attendendū is forged and by some one or other inserted into that decretall Epistle which goeth vnder the name of Pope Vrbanus or vpon the Canon Statuimus or Quisquis or Licet de poenis which last Canon Licet is not glossed by Ioannes Teutonicus whose authority I brought vpon the Canon Hadrianus who expounded only the Decrees collected by Gratian and not the Decretals can it bee forcibly concluded that the Church that is the spirituall Pastours of the Church may without the authority and consent of temporall Princes inflict temporall punishments yea the first Glosse vpon the Canon Licet de poenis here cited by my Aduersary doth clearely fauour my doctrine For demanding why Archdeacons doe exact of Lay-men a pecuniary penalty as it is mentioned in that Canon he answereth because perhaps they were vnder their temporall Iurisdiction or they haue this by custome 24 Neither from the practise of the Church which Mr. Fitzherbert doth so inculcate can any thing be conuinced against this my doctrine And hereof saith hee g Page 168. num 7. the practise is and hath alwaies beene most manifest in the Church and acknowledged by the Canonists to bee grounded on the Canons as partly hath appeared already and shall appeare further h Infra nu 12. 13. 14. 15. seq after a while and therefore I say that those Glosses obiected by Widdrington must either bee so vnderstood that they may agree the one with the other and with the Glosses of other Canons yea with the generall opinion and doctrine of the Canonists and with the whole course and practise of the Canon Law or else they are to be reiected as absurd erroneous and false 25 But although it bee true that for many hundreds of yeares since that Christian Princes haue indewed the Church with great power of ciuill Iurisdiction the practise of the Church hath beene to inflict pecuniarie mulcts yet it is not true that it was the practise of the primitiue Church to inflict but onely to command impose or enioyne temporall penalties and this onely can be prooued by any authenticall Canon as I haue shewed aboue by answering all the Canons which my Aduersary hath alleadged And although also since the time of Pope Gregory the 7. who was the first Pope that began to challenge to himselfe authority as due to him by the institution of Christ to inflict temporall punishments to dispose of all temporals and to depose temporall Princes diuers Popes and other learned men haue with might and maine by fauours and threatnings laboured to maintaine and aduance this doctrine and practise for which cause it is no maruaile as I haue elsewhere obserued i Apol. nu 449. that their opinion hath beene the more common and generall in Schooles yet for that it hath beene euer contradicted by Christian Princes and learned Catholikes for which cause Ioannes Azorius a learned Iesuite expresly saith k Azor. tom 2. lib. 12. ca. 5. q. 8. that it hath euer beene a great controuersie betwixt Emperours and Kings on the one side and the Bishops of Rome on the other whether the Pope in certaine cases hath right and authority to depriue Kings of their Kingdomes and about this the Schoole-men are at variance and as yet the controuersie saith Trithemius l In Chro. monast Hirsang an 1106. is not decided by the Iudge and very many Doctours as Almaine affirmeth doe denie that the Ecclesiasticall power can by the institution of Christ inflict any temporall punishment as death exile priuation of goods imprisonment m De Dominio natur ciuit Eccles conclus 2 in probatione illius but only spirituall censures It canot I say be truly called the general doctrine and practise of the Church neither are those Glosses and expositions of those Canonists who fauour this doctrine sufficient to decide the controuersie neither can the other Glosses and expositions which are grounded vpon the contrary doctrine and contradict the former glosses without grosse temeritie bee reiected as erroneous absurd and false 26 And truely in my opinion it is greatly to be maruailed and worthy also the obseruation that albeit for so many hundreds of yeeres both Popes and other Cleargie men haue so earnestly laboured to maintaine and aduance this doctrine and practise of Pope Gregory the seuenth touching the Popes authoritie to depose Princes and to dispose of temporalls which neuerthelesse Sigebert did not feare to call a nouelty Sigebert ad annum 1088. not to say an heresie yet considering the great opposition which this doctrine and practise hath euer had by reason whereof it was behoouing to haue the matter made cleere and out of controuersie yet I say there cannot be found any one Canon constitution or definition either of Pope or Councell generall or Prouinciall wherein it is plainly decreed that the Pope or Church hath by the institution of Christ authoritie to depose temporall Princes to dispose of temporalls or to inflict temporall punishments but the certaintie of this doctrine must chiefly bee grounded vpon the facts of Popes which how weake a ground it is to prooue a true right and authoritie any man of iudgement may plainly see and I haue also shewed elsewhere n Apol. nu 444 seq 27 Now then saith Mr. Fitzherbert o Page 168. num 8. seeing that the Glosser acknowledgeth in his former glosse that the Church doth by the Canon ordaine the confiscation of Lay-mens goods and depriuation of their dignities which is also confirmed by diuers other Canons and glosses and the practise of the Church it cannot as I haue said bee imagined that hee meant to contradict it by that which followeth either in the same glosse or in the other vpon the Canon
it doeth not ordaine or command any new thing but only declare the law of GOD and Nature and that by things strangled and blood is vnderstood onely man-slaughter Irenae l. 3. c. 12 Cypr. l. 3. ad Quirimum c. vl See Suarez lib. ◠de Leg. ca. 20. either by strangling or by the effusion of blood as Irenaeus S. Cyprian and others doe seeme to vnderstand those words and likewise that meates offered to Idoles are heere onely forbidden to be eaten either with a superstitious worship as though some sacred thing were in those meates in regard of the Idoll or else with the scandall of others both which are against the law of God nature and both which senses may bee gathered from the words of S. Paul 1. Cor. 8. vers 4. and 7. and 1. Cor. 10. vers 28. 29. 18 And in the like proportionate manner I haue answered to the Decree of the Lateran Councell not by impugning but by expounding the same For considering that it is truly a probable doctrine and maintained by very many Doctours as Almaine affirmeth that the Ecclesiasticall power of the Church doth not by the institution of Christ extend to the inflicting of temporall punishments as death exile priuation of goods imprisonment and when shee vseth these shee doth it by the pure positiue law and priuiledges of Princes it is euident that wee may probably answere that decree of the Lateran Councell if wee may call it a decree concerning the future fact of the deposition of temporall Land-lords or Magistrates not to proceede from Ecclesiasticall or spirituall power but from that temporall authoritie which was granted to the Councell by the consent of temporall Princes whose Ambassadours were present at the making of that act or else to bind only in the Popes temporall Dominions 19 Secondly I answere that there is a great disparitie betwixt the decree of the Apostles and the decree or act of the Lateran Councell for as much as concerneth that future deposition of temporall Land-lords For the decree of the Apostles is a true and proper law and decree and includeth an expresse commandement to abstaine from those things which are there forbidden but this Decree of the Lateran Councell for as much as concerneth the aforesaid deposition is not a true and proper law or Decree neither doeth it containe any speciall commandement prohibition grant or priuiledge which euery true and proper law or decree ought to containe as it will cleerely appeare according to my Aduersaries owne grounds if wee consider euery part and parcell of this Decree or Canon For first it is there ordained that Secular Potestaes or Magistrates shall by Ecclesiasticall Censure if neede require be compelled to take an Oath that they will doe their best endeauour to banish all heretikes from the territories subiect to their Iurisdiction and this no doubt is a true and proper decree Secondly that if a temporall Land-Lord Magistrate or Lord shall neglect to purge his territories from hereticall filth he shall by the Metropolitan and other Comprouinciall Bishops be excommunicated and this also is a true and proper decree and includeth a precept and commandement Tirdly that if hee shall contemne to giue satisfaction within a yeere the same shall be signified to the Pope and this also is a proper decree commanding the Metropolitan and other Comprouinciall Bishops to signifie the same to the Pope Fourthly it is added that then the Pope may denounce his Vassalls absolued from their fealtie and his territories exposed to be taken by Catholikes and this which is the maine and only point from whence my Aduersaries conclude that the Pope by his spirituall power may depose temporall Princes cannot according to their owne grounds bee a true and proper decree and containe any commandement grant or priuiledge vnlesse they will graunt the Councell to bee aboue the Pope and that the Councell hath power to impose commandements vpon the Pope or to giue him any authoritie or priuiledge which neuerthelesse they vtterly deny and therefore these wordes as of themselues it is plaine doe onely import and signifie the ende reason or cause of the former Decree to wit wherefore it must bee signified to the Pope that such a temporall Land-Lord hath beene excommunicated for a whole yeere 20 And by this it is euident first that seeing that in generall Councels according to the expresse doctrine of Cardinall Bellarmine the greatest part of the Acts doe not appertaine to faith For neither are of faith the disputations which goe before nor the reasons which are added nor those things which are brought to explicate and illustrate but onely the bare decrees and those not all but which are propounded as of faith and that this is no decree and though it were it is not propounded as of faith as it is manifest by the rules assigned aboue by Cardinall Bellarmine and Canus to know when any thing is propounded as of faith but it onely containeth the cause and reason of the former decree which reason may bee exposed to errour seeing that it is not greatly to be stood vpon saith Canus Canus l. 6. c. 8. si Pontificum rationes necessariae non sunt if the reasons of the Popes or Councels be not necessary it is I say most euident that from this Act no probable argument can be brought to proue that the doctrine for the Popes power to depose Princes is certaine and of faith 21 Secondly it is also euident that I do not impugne or call in question this Act of the Councell but do only expound and interpret it and that my expositiō is probable to wit that this Act was made not by spirituall authority but by temporall it is manifest supposing that is probable as in very deede it is and maintained by very many Doctours both Diuines and Lawyers that the Ecclesiasticall or spirituall power by the institution of Christ doth not extend to the inflicting of temporall punishments but onely of Ecclesiasticall censures and therefore it cannot without grosse ignorance and manifest absurdity be said that this my answere and exposition which is grounded vpon the doctrine not onely of so many learned Authours but also of my owne Aduersaries and who otherwise defend the Popes authority to depose Princes is to bee accounted improbable or absurd I now let passe that the decrees of Popes and Councels which are not referred to all the Church but onely to particular Bishops Churches or persons and doe not concerne and binde all the Church but onely certaine persons may bee exposed to errour Canus lib. 5. cap. 5. q. 4. as I declared before For in that case onely saith Canus the Iudges are to be vnderstood to pronounce or define of faith when the decree or sentence belongeth to all the faithfull when it bindeth all but this Act of the Lateran Councell doth onely concerne temporall Land lords and their Vassals and those not all but onely the Vassals of such Land lords Magistrates
commandement concerning all subiects not to obey their temporall Prince being deposed by the Pope or to rebell and plot conspiracies against him But if by commanding he vnderstand particular decrees and commandements propounded to particular persons Bishops Churches or Kingdomes against any particular Emperours Kings or temporall Princes then I say that according to the doctrine of Cardinall Bellarmine and Canus the Church and much more the Pope may erre and of this sort are the depositions iudiciall sentences and commandements of Pope Gregory the seauenth in a Councell held at Rome against Henrie the fourth Emperor of Pope Innocent the fourth in the presence of the Councell of Lyons against Frederike the second Emperour and all other particular depositions of whatsoeuer Emperours Kings or temporall Princes and in these commandements the Popes were euer resisted and contradicted both by Princes themselues and also by learned and vertuous Catholike subiects as it appeareth euidently not onely by the first depositions of Emperours and Princes but also by the two last of our late Queene Elizabeth and the last King of Fraunce who were obeyed in ciuill matters by their Catholike subiects acknowledged by them to be their true and rightfull Soueraignes notwithstanding the Popes particular declaration sentence and commandement to the contrary as I haue shewed at large concerning our late Queene in the first part and of the King of Fraunce the late troubles and ciuill warres in Fraunce which are yet both fresh in most mens memories and recorded also by Histories are sufficient testimonies 22 Thus thou seest good Reader that neither by this third example of Popes dispensations in vowes whereon not onely my third Instance but also the two former were grounded all which Mr. Fitzherbert hath fraudulently concealed did I impugne the Decree of the Lateran Councell as the silly man to make some shew of confuting them as absurd improbable impertinent fond and ridiculous doth most vntruely affirme neither did I in any one of my examples or Instances make any mention at all of the said Decree seeing that I had before sufficiently answered to this Decree not by impugning but onely by expounding it and by clearely conuincing that according to the probable doctrine of very many learned Catholikes who are of opinion that the Church cannot by her spirituall power inflict temporall punishments it must according to Mr. Fitzherberts owne principles who acknowledgeth that all lawes and decrees whatsoeuer are to be restrained and limited according to the power of the Law-Maker c. be vnderstood of the deposing not of temporall Princes who are not subiect to the authoritie of the Church forasmuch as concerneth meere temporall matters as is the inflicting of temporall punishments for what cause crime or end whatsoeuer they bee inflicted but onely of inferiour Magistrates Land-Lords or Lords by the consent and authority of absolute Princes but that which I intended by my three examples and instances was to shew the weakenesse and insufficiency of Fa. Lessius his three arguments as I haue sufficiently declared before 23 But if I should presse M. Fitzherbert a little further and grant him for Disputation sake which he is not able to prooue to wit that the decree or rather Act of the Lateran Councell is to bee vnderstood of the deposition of temporall Princes yet the silly man would haue much adoe to prooue as also I haue signified before that according to the doctrine of Cardinall Bellarmine and Canus Cap. 13. nu 7. seq which I haue related aboue it is such a Decree that from thence it can be sufficiently gathered that the doctrine for the Popes power to depose Princes is an vndoubted point of faith seeing that according to their grounds onely those Decrees and precepts touching faith or manners are infallible and of faith which are generall and vniuersall and belong to the whole Church and all the faithfull and consequently as well Clearkes as Lay-men For onely in this case saith Canus the Councels Canus l. 5. de locis c. 5. q. 4. or Fathers are to be vnderstood to pronounce of faith when the sentence or Decree belongeth to all Christians when it bindeth all Therefore the doctrine of Popes and Councells saith hee if it bee propounded to the whole Church if it bee also propounded with an obligation to be beleeued then doth their sentence or Decree concerne a point of faith And concerning Decrees and precepts of manners Canus teacheth the same When the Church saith he in a matter of weight and which is very profitable for the reforming of Christian manners doth make lawes to all the people she cannot command any thing which is contrary to the Gospell or naturall reason but in manners not common to the whole Church but which are referred to priuate men or Churches she may erre through ignorance not only in her iudgement of things done but also in her priuate precepts and lawes Bellar. l. 4. de Rom. Pont. cap. 3. 5. And Cardinall Bellarmine also affirmeth that those Decrees or precepts concerning faith or manners wherein the Pope in whom he putteth all the infallibilitie of the Church cannot erre must bee generall and be propounded and belong to all the faithfull 24 Now this Act of the Lateran Councell forasmuch as it concerneth the absoluing of Vassals from their fealtie besides that it is not properly a Decree according to my Aduersaries grounds as I signified before containing in it any precept or obligation vnlesse they will grant the Councell to be aboue the Pope nor also propounded as of faith according to the rules of Cardinal Bellarmine and Canus before related and therefore it cannot according to their doctrine appertaine to faith it is not also a generall Decree and which appertaineth to the whole Church and all the faithfull for it doth not concerne Cleargie men who according to my Aduersaries false scandalous and seditious doctrine are not subiect to temporall Princes nor doe owe to them any temporall allegiance but onely the temporall Vassals of temporall Lords and those not all but of such a Lord onely who for a yeere remaineth excommunicated for neglecting to purge his territories of heresie For those words of the Councell vt ex tunc ipse c. that from that time the Pope may denounce his Vassals absolued from their fealtie can onely bind either the Pope to make that denunciation or that temporall Lord not to exact of his Vassals temporall fealtie or the Vassalls not to giue to that temporall Lord temporall fealty and so it cannot binde Cleargy men who doe not owe any temporall fidelity or obedience to temporal Lords according to my Aduersaries false doctrine nor also all Vassals but onely those of that temporall Lord wherevpon the decree is not generall and belonging to all the faithfull which neuerthelesse is necessary that any decree or precept concerning faith or manners doe appertaine to faith 25 And if perchance my Aduersary will say that it bindeth all
thing it selfe which he testifieth for that this may very well be true that Fa. Parsons did seeke to perswade and induce his Holinesse to that course of mitigation which M. Fitzherbert mentioneth to wit not to proceed with Censures against his Maiesty to which course Fa. Parsons might imagine his Holinesse to haue at that time some inclination in regard both of the new oath then established by his Maiestie and the Parliament which doth so much derogate from the pretended authority which the Bishops of Rome since the time of Pope Gregory the seuenth doe challenge ouer temporall Princes to depriue them of their Princely authority and to absolue their subiects from their temporall allegiance and also of the seuere lawes which were then newly enacted against Catholikes vpon occasion of that horrible Gun-powder conspiracy plotted onely by Catholikes and yet withall it may also be true as onely by the way I did affirme and by many probable coniectures sufficiently confirme that Fa. Parsons did also induce and mooue his Holinesse to the publication of his Breue against the taking of the oath for that betwixt these two there is no repugnance at all and whether hee did or no it is not much materiall to my second answere or reason which M. Fitzherbert tooke vpon him to impugne 54 Neuertheles concerning Mr. Fitzher testification vpon his own knowledge I must tell him in plaine words that I can giue no credit to his testimonie albeit he should confirme it by solemne Oath vnlesse I could be morally certaine that he vseth heerein no equiuocation or mentall reseruation whereof I can hardly be assured considering especially his owne particular practise of equiuocation or mentall reseruation in the time of Pope Clement the eight in slandering and traducing so falsly and shamefully those foure Reuerend Appellant Priests for Schismatikes Spies Rebells and disobedient persons to the Sea Apostolike c. notwithstanding they being present them at Rome to craue iustice and to make manifest their oppression and innocencie and also in giuing testimonie to his Holinesse vpon his Oath that those English bookes which Fa. Parsons had deliuered to the Inquisition with diuers propositions therein contained shewing them to be heretical erroneous c. were truely translated wherein how fowly he and Fa. Parsons with diuers other their adherents did equiuocate to defend Fa. Parsons credit not onely his owne conscience but diuers other persons yet liuing can be a sufficient witnesse and considering also the common doctrine and practise of many of his Societie not onely touching equiuocation but also mentall reseruation which in very deede is flat lying grounded vpon that Chimericall and not intelligible vnion mixtion and composition or rather meere fiction of thoughts and words in one true mixt and compound or rather faigned proposition This I say being considered to omit now diuers other scandalous and pernicious positions and practises to this purpose which some of them especially of our English Nation doe maintaine and whereof I will hereafter if they vrge me thereunto more particularly treate I can giue no credit to any thing that Mr. Fitzherbert shall testifie vpon his owne knowledge vnlesse by some other meanes I shall finde it to be true 55 Now you shall see what Mr. Fitzherbert obserueth out of his owne testimonie concerning Fa. Parsons conference with his Holinesse to taxe me of improbabilitie and impertinencie This being so saith he e Pag. 217. I cannot omit vpon this occasion to desire thee good Reader to note the improbable and impertinent inference which Widdrington maketh vpon this answere of his Holinesse Dispu Theol. cap. 10. sec 2. nu 57. for he inferreth thereupon that his Holinesse did condemne the Oath by his Breues and held them for no Catholikes who inclined to take it because he was perswaded that his authoritie to proceed with Censures against the King and consequently his spirituall authoritie was denied thereby and then he concludeth Ibid. nu 58. that if his Holinesse was moued to condemne it for that cause by the instigation of Cardinall Bellarmine Fa. Parsons and those seuen or eight Diuines mentioned in the letter aboue said Nimis proh dolor saith he manifestum est c. it is alas too manifest that his Holinesse was deluded to the great ignominie of the Sea Apostolike the grieuous scandall of Protestants and the vtter temporall ruine of very many Catholikes So Widdrington But I also must desire the Reader to note the egregios fraud and falshood of this man For I did not there inferre from the answere of his Holinesse as Mr. Fitzherbert vntruly affirmeth that his Holinesse did condemne the Oath by his Breues and held them for no Catholikes who inclined to take the Oath because he was perswaded that his authoritie to proceede with Censures against the King and consequently his spirituall authority was denied thereby but I made this inference first from the doctrine of Cardinall Bellarmine for that he was of opinion from which Diuines of Rome and consequently neither his Holinesse did dissent that the Popes power to excommunicate and inflict Censures his power to binde and loose in generall and consequently his spirituall Supremacie is plainely denied in the Oath and secondly from the first part of Fa. Parsons letter concerning the consultation of the Diuines of Rome had touching the Oath for that the Diuines of Rome did also suppose as I prooued in that place that the Popes power to chastice in generall and consequently his power to chastice by spirituall Censures is denied in the Oath So that I made there no inference from his Holinesse answere to Fa. Parsons but I onely made an explication of the said answere from the aforesaid inferences shewing from them the cause and reason why his Holinesse thought them to bee no Catholikes who inclined to take the Oath for that he was perswaded by the aduise of Cardinall Bellarmine and the other Diuines of Rome that his power to excommuniate and to chastice Princes by Ecclesiasticall Censures is plainely denied in the Oath And therefore Mr. Fitzherbert to conceale his fraude omitteth to set downe my expresse words and the first part of Fa. Parsons letter and what I inferred from thence 57 Wherefore from the discourse which there I made and which Mr. Fitzherbert doth fraudulently conceale I concluded that Cardinal Bellarmine Fa. Parsons the other Diuines of Rome vsing such sophisticall inferences to wit that because we must sweare that notwithstanding any sentence of Excommunication made or to be made against his Maiestie we will beare faith and true allegiance to his Maiestie c. therefore the Popes power to Excommunicate Kings is denied in the Oath and because the Popes power to punish Kings by deposing them and by absoluing their subiects from their allegiance is denied in the Oath therefore the Popes power to punish Kings in generall and to binde and loose in generall is denied in the Oath vsing I say such sophisticall inferences to
whom I built a Monasterie I had not repented at the last houre And truely I haue escaped eternall death but I shall be tormented with most grieuous punishments vntill the day of Iudgement But the Mother of mercie obtained for me of her Sonne that I might come to thee to desire prayers which when he had said he presently vanished away And Ludgard told his necessities to her Sisters that they might relieue him but she greatly pittying his case did afflict her selfe for his cause with wonderfull punishment Let the Reader know saith Thomas Cantipratensis the writer of her life from whom Surius tooke the same that those three causes are by the reuealing of Ludgard not vnknowne to vs but for the reuerence of so great a Pope we would not relate them 7 Which example saith Card. Bellarmine is wont oftentimes to terrifie mee exceedingly and to cause mee to tremble For if so commendable a Pope and who in the eies of men was accounted not onely honest and prudent but also a Saint and woorthy to bee imitated did scape so narrowly hell fire and is to bee punished vntill the day of Iudgement with the most grieuous fire of Purgatory what Prelate would not tremble who would not examine most exactly the secrets of his conscience For I doe easily perswade my selfe that so great a Pope could not commit deadly sinnes but being deceiued vnder the shew of good by flatterrs and those of his owne houshold of whom it is said in the Gospell Matth. 10 A mans enemyes are they of his owne howshold Therefore let vs all learne by this so great an example to examine carefully our conscience least perchance it be erroneous albeit to vs it seeme to be right and sound Thus Cardinall Bellarmine whose counsell in this point I thinke it necessary that all my Aduersaries with Cardinall Bellarmine the chiefest of them and my selfe should duely consider least that the zeale which all of vs pretend to haue be blind and not according to knowledge and that our conscience albeit to vs it seeme to bee right and sound bee erroneous and grounded vpon culpable ignorance For my owne part I haue examined my conscience very carefully and cannot find my selfe guilty of any fault for examining this controuersie touching the lawfulnesse of the Oath and the Popes power to depose Princes and that I was not mooued thereunto for feare flattery hope of gaine or any other worldly respect but truely and sincerely God is my witnesse for the loue I beare to God Religion my Prince and Countrey to finde out the Catholike truth and being found to embrace professe and follow it and thereby according to our Sauiours commaundement to render to God and Caesar that obedience which doth belong to them 8 Secondly therfore I wish my Aduersaries to consider what may in the iudgemēt of any prudent man be thought of those men who by fraud or violēce should seek to force vpon any one a great sum of gold which he greatly suspecteth to be false and counterfaite and therefore refuseth to accept thereof before hee hath fully tryed whether it be true or forged coyne and whether any fault be to be found in him both for desiring to haue the gold examined by the touchstone and those waies by which true gold is discerned from counterfaite before hee bee compelled to take it for good and currant and also for giuing his reasons why hee thinketh the same to bee false and forged And if they will not suffer him to make triall whether it be good or no but will needes haue him to take it for good gold when not onely himselfe but also diuers other skilfull Gold-Smiths doe greatly suspect yea and are fully perswaded that it is naught and counterfaite and if he refuse to accept thereof in that manner they should seeke to disgrace him with the Prince and people and to accuse him of disobedience to the State and who wilfully refuseth to accept and acknowledge the Kings coyne for lawfull whether these men doe not great wrong to that party and whether it may not be prudently thought that they haue a guilty conscience and that they themselues suspect the said gold not to bee indeed so good and currant as in words they would pretend 9 Now the case betweene mee and my Aduersaries is farre worse then this For they haue sought by false and fraudulent meanes not onely to impose vpon the whole Christian world a false and counterfait Catholike faith for truely Catholike but to slander and defame all those Catholikes and my selfe in particular who for the reasons wee haue often propounded refuse to accept thereof for Catholike vntill it be better prooued so to be and to condemne vs of temerity and disobedience to the Sea Apostolike yea and of flat heresie and they would make the world beleeue that wee are not true Catholikes but heretickes disguised and masked vnder the vizard of Catholikes For so saith M. Fitzherbert c. 17. nu 19. And albeit we doe publikely professe our selues to be true Catholikes and doe submit all our writings to the iudgement and censure of the Catholike Romane Church and doe sincerely and solemnly protest to recall and recant foorthwith our errour if wee haue committed any as soone as it shall be made knowne vnto vs that wee haue written any thing amisse yet they feare not to affirme contrary to all iustice and charity that all this our profession submission and protestation is but a false luster and glosse So saith Fitzherbert c. 17 nu 1. 26. to cast vpon our counterfaite ware of purpose to deceiue and that it proceedeth from no other ground but from a deepe dissimulation or rather an artificiall and execrable hypocrisie to delude and deceiue Catholikes 10 Neither will they suffer vs to examine by the true grounds of Catholike Religion their newly inuented Catholike faith and to yeeld our reasons which doe fully perswade vs that their faith which they pretend to be Catholike is not ancient and true but a newly inuented and a false and forged Catholike faith but they haue caused his Holinesse to condemne our bookes which in our iudgement doe plainly discouer their forgeries and to forbid all Catholikes as well learned as vnlearned to read them without signifying vnto vs any one thing in particular which we haue written amisse although wee haue often and earnestly requested to know the same but all that they say or write wee must forsooth without any further examination approoue for good and currant doctrine albeit wee haue most plainely conuinced them of manifest fraude and falshood in almost euery one of their arguments and answeres which they haue brought to prooue their doctrine in this point of the Popes spirituall authority to depose Princes and to inflict temporall punishments to be truely Catholike All which being duely considered what infinite wrong they haue done vs it is too too manifest and albeit they pretend true zeale to Catholike Religion
and to the Sea Apostolike yet for my own part I cannot see but that any prudent man may iustly suppose their zeale to bee blind and not according to knowledge but grounded vpon culpable or wilfull ignorance and that they themselues suspect their owne conscience to bee eroneous and their cause to be naught and therefore would not haue it to be further sifted and examined 11 For seing that the nature of truth being like to pure and perfect gold is such that the more it is examined the more cleere and perspicuous it doth still appeare and contrariwise falshood the more it is sifted the absurdity thereof still sheweth it selfe more manifest if my Aduersaries are in their consciences perswaded as in wordes they professe that they haue truth on their side and that the authority of spirituall Pastours to excommunicate vpon iust cause Christian Princes to binde and loose and to dispence in Oathes in generall which all Catholikes acknowledge to be included in their spirituall power be denyed in the late Oath of allegiance as they pretend or that their authoritie to depose Princes which all men confesse to bee denyed in the Oath bee certaine out of controuersie and a cleere point of Catholike faith for which two causes chiefly they cry out against the Oath and condemne it for vnlawfull as containing in it more then temporall allegiance to wit a manifest denyall of Ecclesiasticall authority why are they so much afraide to haue the matter charitably and sincerely debated by learned men Why will they not suffer those Catholikes especially who are learned and to whom the charge of soules is committed and are able to discerne betwixt truth and falshood betwixt Catholike faith and opinion 1. Pet. 3. and who ought to bee alwaies readie and prepared to satisfie euerie one that asketh them a reason of that faith which is in them to reade such bookes as doe sincerely and exactly handle this controuersie and all the difficulties on both sides and doe plainely declare in what particular manner all Christians are bound by the law of Christ according to the true and approoued grounds of Catholike Religion Matth. 22. to render to God and Caesar that which is their due 12 Why doe they so shamefully abuse his Holinesse by misinforming him that his power to excommunicate to binde and loose and to absolue from Oathes in generall is denyed in the Oath and that his power to depose Princes which indeed the Oath denyeth is a point of faith and thereupon by vrging him to condemne the Oath as containing in it many things flat contrary to faith and saluation and to forbid those bookes of Catholike Writers that doe plainly discouer their forgeries and euidently conuince that no such spirituall power as they pretend is denyed in the Oath and that his power to depose Princes which the Oath denyeth is not a point of faith but hath euer since the time of Pope Gregory the seuenth for before his age the practise thereof was not heard of Onuphrius l. 4. de varia creat Romani Pont. as Onuphrius witnesseth it hath euer beene a great controuersie betwixt Popes and Christian Princes and those Catholikes who haue fauoured either part and which is more extrauagant by vrging him to commaund vnder paine of Censures the Author of those bookes to purge himselfe foorthwith and yet not to signifie vnto him any one crime either in generall or in particular of which he should purge himselfe although hee hath very often most humbly and instantly requested to know the same 13 Why doth not Cardinall Bellarmine my chiefest Aduersarie being accused by mee to his Holinesse in publike writings of manifest fraudes falshoods corruptions and calumnies cleare himselfe all this time of such fowle imputations which cannot but greatly blemish his honour and quite discredite his cause in the vnderstanding of any iudicious man if in his conscience hee thinke himselfe to bee guiltlesse and that I haue falsly accused him why doth hee not answere and iustifie himselfe and shew to the world that I haue belyed him that also thereby I may see my errour and aske him publike forgiuenesse and bee penitent for the same If hee see that I am innocent why doth hee not restore my credit which hee hath wrongfully taken away and in plaine tearmes confesse that hee was deceiued and mistaken in this controuersie and imitating the example of famous Saint Augustine retract all that hee hath written amisse especially to the hurt and disgrace of innocent men Can any man of iudgement imagine that hee being now so neere his graue would take such paines to write euery yeere some one or other little Treatise of deuotion which neuerthelesse will not excuse him before God from restoring the good name of them whom hee hath falsly defamed and that hee would bee so carelesse to purge himselfe of such shamelesse crimes which cannot but leaue his memory tainted with perpetuall infamy if with his credit hee could cleere himselfe And therefore if he did sincerely consider the admonition hee gaue to other Prelates vpon occasion of Pope Innocents examples to examine their conscience carefully whether it bee sound or erroneous hee might truely haue iust cause to bee sore afraide and greatly to suspect that howsoeuer hee maketh an outward shew of zeale sanctitie and deuotion hee hath within an erroneous and seared conscience for which hee must shortly before the tribunall of God render a strict account 14 All which their proceedings being duely considered whether they are not manifest signes that in their owne consciences they suspect the iustice of their cause and doe plainely see that they are not able to make good their newly inuented Catholike faith and yet will still goe on to maintaine by fraude and violence what they cannot by reason and argument wherein also how much they discredit themselues their cause how mightily they scandalize Catholike Religion and make the Sea Apostolike odious to Princes and subiects how egregiously they wrong and slander innocent Catholikes and how greatly they endanger their owne soules and others I leaue to the iudgement of any prudent and pious man 15 Wherefore my chiefe drift good Reader in this my answere to M. Fitzherbert is first to keepe and maintaine entire and inuiolate the puritie of true Catholike faith and Religion which is greatly defiled not onely by impugning true and vndoubted articles of faith but also by forging and defending false articles for true Secondly to defend my innocency which as long as I haue a pen to write or a tongue to speake I will God willing not bee afraide to maintaine against any man whatsoeuer that shall falsly accuse me and my doctrine of heresie and to make knowne my sincere proceeding in handling this great and dangerous controuersie which concerneth our obedience due to God and Caesar and the fraudulent and corrupt dealing of my Aduersaries who by fraud and violence seeke to afflict intangle and disturbe the consciences of
it is denied in this oath but supposeth it as being graunted or knowen of it selfe 13 Whereby it is apparant that I am free from all fraude in this point and that my Aduersarie cannot bee excused from fraudulent proceeding both for wrongfully accusing mee of fraude and also for taking vpon him in the beginning of his Discourse to impugne the oath as being repugnant to all lawes humane and diuine for that it containeth a deniall of the Popes power to excommunicate and to depose Princes and yet not bringing any one argument to prooue that his power to excommunicate is denyed therein but supposing it as knowne or granted and cunningly passing ouer to his power to depose which considering It hath euer beene a great controuersie saith Fa. Azor f Tom. 2. l. 11. cap. 5. q. 8. betwixt Emperours and Kings on the one part and the Bishops of Rome on the other and the Schoolemen saith Trithemius g In Chronico Monast Hirsaug ad annum 1106. doe contend about the same it is no hard matter for a man of meane Theologicall learning to scrape together as Mr. Fitzherbert hath done out of so many Authors who haue written in fauour of the Popes power to depose Princes some colourable arguments to prooue the same all which neuerthelesse haue beene heeretofore by mee and others very cleerely answered 14 Considering therefore that neither his Maiestie did intend to deny in this oath the Popes power to excommunicate him although the lower house of Parliament as his Maiesty himselfe affirmeth h In his Premonition p. 9. at the first framing thereof made it to containe as much which hee forced them to reforme neither is there any one clause in the oath from which it may bee gathered that the saide power to excommunicate is denied therein neither did my Aduersary bring any one argument or shew of an argument to prooue the same although in the very beginning of his Discourse hee promiseth to prooue that the oath in respect of this clause is repugnant to all lawes humane and diuine for this cause I vsed these words which now my Aduersary carpeth at That it is a wonder that learned men do not blush to affirme with so great confidence that to be his Maiesties meaning which hee himselfe in publike writings doth expresly professe not to be his meaning and to inculcate so often and so coldly without any solide proofe that very argument concerning the deniall of the Popes power to excommunicate which both by his Maiestie and many others hath beene so often very soundly confuted 15 Now Mr. Fitzherbert taketh great exceptions against these wordes and groundeth vpon them his third accusation that I haue neither answered probably nor like a good Catholike Whereto I answere first saith hee i Nu. 14. concerning his vaine bragge of the sound confutation of our argument that seeing the same hath no other ground or proofe heere but his owne word and idle affirmation it deserueth no other answere for this place but a flat deniall But I might likewise returne his owne answere of his vaine brag and idle affirmation to those words of his k Nu. 10. 11. 12. That the oath implieth the deniall of the Popes Supremacy and that hee and others haue amply prooued that whosoeuer abiureth the Popes power to depose Princes doth consequently abiure his spirituall authoritie yet I will abstaine from such bitter termes and whether it bee a vaine bragge of my owne and an idle affirmation or rather a very true assertion that their argument concerning the deniall of the Popes power to excommunicate whereof in that place I did onely speake hath beene sufficiently confuted or no the Reader by my answeres may easily perceiue 16 For Cardinall Bellarmine Fa. Lessius Gretzer and this my Aduersary doe affirme the oath to be vnlawfull and to deny the Popes spirituall authoritie for that it denieth his power to excommunicate which all Catholikes graunt to bee included in his spirituall Primacy That his power to excommunicate is denied in this oath Fa. Gretzer and my Aduersarie doe suppose as manifest neither doe they bring any one argument for the proofe thereof and therefore their assertion or rather supposition may with a meere deniall bee as easily confuted Cardinall Bellarmine also at the first did barely without any proofe but onely by the way of an interrogation affirme or rather suppose the same And being taxed by his Maiestie of falshood for affirming so boldly That the Popes power to excommunicate are hereticall Kings is plainly denied in the oath seeing that this point converning the Popes power to excommunicate was in this oath purposely declined by his Maiesty yet Cardinall Bellarmine afterwards in his Apologie l Cap. 15. bringeth no other proofe for cleering himselfe of that imputation then which in effect hee had brought before 17 That I did truely affirme saith he that the Popes power to excommunicate euen hereticall Kings is denied in that forme of oath it is manifest by those wordes of the oath Also I doe sweare from my heart that notwithstanding any declaration or sentence of Excommunication or depriuation made or granted or to bee made or granted by the Pope or his Successours c. I will beare faith and true allegiance to his Maiestie his Heires and Successours But whosoeuer sweareth that he will obey an hereticall King notwithstanding the Popes excommunication doth not hee together sweare that he acknowledgeth not in the Pope power to excommunicate hereticall Kings for otherwise it were not an oath but sacriledge to sweare that hee will not obey the sentence of Excommunication made by the Pope against an hereticall King if he should beleeue that the Pope hath power to excommunicate hereticall Kings 18 To this argument I gaue two answeres m In Disput Theol. cap. 4. sect 1. The first was that a Catholike man either terrified with feare or mooued for hope of gaine may sweare that he will not obey a iust Excommunication and by so swearing commit sacriledge who neuerthelesse doth beleeue that the Pope hath power to excommunicate And therefore from those words of the oath notwithstanding any sentence of Excommunication c. I will beare true allegiance to his Maiestie c. or to speake more plainly from these words notwithstanding aiust Excommunication I will not obey it it cannot bee rightly inferred that I therefore deny the Popes power to excommunicate But whosoeuer sweareth in that manner saith Cardinall Bellarmine either denyeth the power to excommunicate or committeth sacriledge Be it so But if this second were freely granted him this neuerthelesse being granted I cannot in any wise perceiue that to bee true which hee before did absolutely and without any disiunction affirme In this branch of the oath the Popes power to excommunicate hereticall Kings is plainly denied 19 My second and principall answere was the very same in effect which his Maiestie before had giuen to wit that by swearing the foresayde
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
the necessarie good of their owne soules and of their subiects 36 Neither doe those examples or facts or Popes which my Aduersarie here bringeth or any such like sufficiently prooue a power in the Pope as he is a spirituall Pastour to change transferre giue or take away earthly kingdomes for that it is one thing sayth Card. Bellarmine n in Resp ad Apolog pag. 157. Edit Colon. to relate the facts of Kings and so likewise of Popes and an other thing to prooue their power right and authoritie As Leo the third Pope of that name o pag. 47. nu 13 Egmarth in vita Caroli Annales Francof anno 801. Paul Diacon lib. 23. Zonaras tom 3. Annal Cedrenus in vita Constant Irene sayth my Aduersarie gaue to Charles the great the Empyre of the West which was acknowledged by the Greeke Emperours themselues to be the Popes gift c. 37 But to this example I did fully and clecrely answer in my Apologie p nu 414. seq to wit that the Romane Empire was not translated from the Grecians to the Germans by the onely authoritie of the Pope but also by the common consent suffrages ordinance decree and authoritie of the Senate and people of Rome both Clerkes and Laikes with the tacite consent at least wise of all others to whom it did belong amongst whom the chiefest of all was the Bishop of Rome who did not by his spirituall or Pontificall authoritie which he as Pope receiued from Christ cause that translation but as he being the principall member and citizen of Rome and of the Romane Empire did by his aduise consent solliciting procurement suffrage and authoritie chiefly set forward that translation and as he was Pope did by his Pontificall authoritie approoue it to be lawfull and no way repugnant to the law of God or nature for which causes he is said by many writers to haue transferred that Empire as the chiefe and principall Authour procurer and approouer thereof 38 And this I did sufficiently prooue in that place both by the grounds of Card. Bellarmine himselfe and also by the testimonies of those Authours whom he alledged For nothing can be concluded saith he q lib. 2. de Rom. Pont. cap. 8. by arguments taken from authoritie negatiuely For it doth not follow Luke Paul and Seneca doe not say that S. Peter was at Rome therefore S. Peter was not at Rome For these three were not bound to say all things and more credite is to be giuen to three witnesses affirming then to a thousand saying nothing so that these doe not deny what the others doe affirme Seeing therefore that none at all of those thirtie two Authours whom Card. Bellarmine brought for witnesses of the translation of the Empire made by the Pope doth deny that the aforesaid translation was done by the authoritie of the Senate and people of Rome and not onely three of Card. Bellarmines Authours but also many more whom I cited there doe most plainly affirme that both the authoritie of the Pope and also the consent decree ordinance suffrage and authoritie of the Senate and people of Rome did concurre to that translation more credite is to be giuen to them who doe affirme that the Empire was translated by the Pope Senate people of Rome then to all the rest although they were a thousand who albeit they say that this translation was done by the Pope yet they doe not deny that it was also done by the Senate and people of Rome Thus and much more to the same purpose did I answere in my Apologie r See Apologie 427. seq 39 Now you shall see how cunningly and insufficiently D. Schulckenius doth shift of this my answere For whereas he is very diligent for the most part to set downe my words and text in particular when hee imagineth that with any colourable Reply hee can confute them yet here he relateth Cardinall Bellarmines argument drawne from the translation of the Romane Empire to the French men but hee altogether concealeth my answere thereunto and so passeth ouer twentie pages of my Apologie wherein both by his owne grounds by his owne Authours and many others I cleerly proued that this translation was done not onely by the authoritie of the Pope but also of the Senate and people of Rome and onely with a flourish of words hee endeuoureth to prooue by a Dilemma which as you shall see is neither to the question betwixt me and Cardinall Bellarmine and which I also answered in that place That I must either approoue Card. Bellarmines opinion or else cleerely contradict my selfe in my answere Wherefore although D. Schulckenius maketh this title of his foureteenth Chapter The answere of Widdrington to the rest of the examples which are taken from the facts of Leo the third c. is examined yet hee neither examineth my answere to that fact of Leo nor setteth it downe at all albeit he confesseth that I haue at large disputed thereof But this is all that he replieth r Schulck in Apol. cap. â— pag. 597. 598. 40 And of the translation of the Empire Cardinall Bellarmine hath exactly soundly and diligently written three bookes of a iust bignesse in so much that nothing doth seeme can be added thereunto Onely at this time I doe make this argument against my Aduersary Widdrington Either that translation was true or faigned If hee say it was faigned hee will bee ouerwhelmed with the voyces of all Historiographers and hee will take away all humane faith out of the world But if hee say it was truely done I aske againe whether it was done iustly or vniustly if hee say it was done vniustly first he will contradict almost all Catholike Writers for onely the Magdeburgian Heretikes doe blame it as one of the miracles of Antichrist Besides that hee will wrong all the Latin Emperours who from that time haue beene shall be as though their Empire is not grounded vpon a sound foundation Lastly he will reprehend all the people of the West yea all the world who haue hitherto honoured the Latin Emperour as a true and lawfull possessour of the Empire For also the Grecians themselues with their Emperour and the Persians as wee haue related out of Bellarmine in the former Chapter Å¿ Ad nu 390. haue acknowledged the Latin Emperours as true and lawfull Emperours 41 But if Widdrington say that it was done iustly I demand whether it was done by the authority of the Romane Bishop the Citizens of Rome assenting or also requesting it or whether it was done by the authoritie of the people of Rome the Pope assenting and crowning and blessing the Emperour chosen by the people or whether it was done by the authoritie of the Pope and of the people of Rome together If he will say that it was done by the authoritie of the Bishop of Rome the Citizens of Rome assenting and requesting it he will agree both with the truth of
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
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
for their Iudges and then God vvas said to haue raised to them Sauiours So it is to be vnderstood of Hothoniel and Aod Iudic. 3. Other Iudges vvere made onely by the vvill of the people to wit because when they were in distresse they inquired who was a fit man among them to be Captaine in their warres And sometimes they tooke not those that were vertuous but onely who were exercised in warre So Iephte was chosen Iudic. 11. vvho vvas a Prince of theeues vvhom the Israelites because they saw him fit for warre desired to be their Captaine and Iudge And sometimes the Iudges were made onely by fauour and as it were by violence of the people as vvas Abimelech the sonne of Gedeon Iudic. 9. to whom also by the sedition of the Sichimites was giuen the title of a King And vvhen it is obiected that God raised a Sauiour I answere saith Abulensis that it is not to be vnderstood that God commanded any one to be Iudge by creating him and giuing him a certaine manner of authoritie but that God did incite the Israelites by some one of the wayes aforesaid to make some their Iudges and yet afterwards it depended vpon the will of the people to receiue them or reiect them and to giue them so much authoritie as they pleased 55 Secondly the authoritie of the Iudges was not deriued by succession to their posteritie but it remained in the power of the people one Iudge being dead to choose another or to choose none at all But to the greatnesse of authoritie it appertaineth to haue power to deriue it to their posterity as those things are properly ours concerning which wee may appoint others to inherite for in other things we are rather Administrators or Procuratours then Lords or hauing dominion and Seigniorie And the difference of this power to be a Iudge from that which by succession is transferred to posteritie is manifest by the example of Gedeon for when Gedeon was a Iudge in Israel the Israelites being desirous to exalt him to greater honour for the great victory he had against the Madianites saids vnto him haue thou dominion or Seignorie ouer vs and thy sonne and thy sonnes sonne that is all of thy posteritie but he being contented with the principalitie or preheminence of a Iudge would not accept thereof saying I will not haue dominion or Seigniory ouer you to wit by exercising the power of a Lord or King neither shall my sonne haue dominion or Seigniory ouer you but the Lord shall haue dominion or Seigniory ouer you and neuerthelesse he kept the principalitie of a Iudge so long as he liued Thirdly the Iudges could not impose tributes or other taxations vpon the people but they liued vpon their owne proper reuenues as other priuate persons except those things which by right appertained to them in warre because it was a custome among all nations that in vvarre a certaine peculiar part of the spoyle should belong to the Prince or chiefe Captaine as it appeareth by the decrees dis 1. cap. ius militare c. 56 Fourthly the Iudges were not Lords neither had they any power dominion or Seigniorie ouer the people but they were only Captaines or Leaders for as much as concerned those things which belonged to their office whereof I will speake beneath And in this there was a difference betwixt Kings and Iudges for Kings were Lords of the people of Israel and they had power to doe whatsoeuer they would which was not against the law therefore they called the Israelites their seruants as Saul called Dauid his seruant 1. Reg. 22. and Dauid called the Israelites his seruants 2. Reg. 20. but the Iudges were not called Lords as it appeareth by those former words of Gedeon refusing to haue that degree of principallitie according to which Princes are called Lords and said to haue dominion or Seigniorie ouer the people Neither were these called Iudges of iudging a Abulens q. 11. in Praefat. lib. Iudic. but as a Iudge is taken for a name of a certaine little principalitie For there is this difference betwixt a Lord and a Iudge for a Lord signifieth one who hath simply power dominion or Seigniorie and he hath power to doe what he will although it be not ordained by the law But a Iudge is he who hath not a libertie to command but he can onely command that which the lawes command and he hath a power giuen him to define according to the law and therefore he who is subiect to a Iudge is not subiect to the man but to the law but he that is subiect to a Lord is subiect to the man And because the principalitie of these Iudges or Sauiours was such that they could doe nothing according to their owne wils as Kings and Lords could doe but that onely which reason and the law did dictate they were called Iudges because Iudges haue the like principalitie 57 Fiftly lastly the office to which the Iudges were assumed was to fight for the people against their enemies as it is manifest by the institution of the Iudges For Iudic. 2. it is said that whensoeuer the Israelites were in the hands of their enemies God raised vp Iudges that should deliuer them And the same also is euident by the peculiar institutions of the Iudges for it is said of Hothoniel who was the first Iudge that when the Israelites were oppressed by the King of Mesopotamia God raised them vp a Sauiour called Hothoniel Iudic. 3. and the like is said of Aod in the same chapter and of Barac chap. 4. and of Gedeon chap. 6. and of Iephte chap. 11. and so of the rest and concerning the warres these Iudges had full power for all things whatsoeuer belonged to warfare were at their dispose and in this all the Israelites did obey them as in all warres the chiefe Captaines haue this full power concerning militarie discipline But the warres being ended these men remained as it were priuate persons to wit that they had not any Dominion or authoritie but yet they were alwaies very much honoured by the people and sometimes the gouernment of Cities was committed to their charge that they might dispose of them as Princes So Iair had thirtie sonnet who were Princes of thirtie Cities Iudic. 10. But to iudge of causes was not directly the office of these albeit sometimes it was committed to them especially when they were Prophets and prudent men So was Samuel who was the last Iudge of Israel and euery yeere he went about all Israel and iudged the people in three places to wit in Bethel Galgatha and Masphath Thus writeth Abulensis who also affirmeth that although Moyses and Iosue were greater then these Iudges for that they were chosen and appointed by God not onely to bc Captaines of the Israelites in the time of warre but also to be their Iudges and Gouernours yet he denyeth that Moyses himselfe was properly a Lord or King of the Israelites but rather that
he was chosen to be their Law-maker and Prince not by manner of reigning or hauing properly dominion but rather b Abulensis q. 8. in cap. 6.2 Paralip per modum iudicantis by manner of iudging 58 And by this you may plainly see in what manner the temporall gouernment of the Iewes and not the spirituall was altered by the institution of Kings for that the supreme temporall power or dominion which before their institution did reside in the whole multitude or people of Israel was after their institution wholly translated to the King But that the course of the law was changed and turned vpside downe in fauour of Kings or that the spirituall gouernment of the high Priests was altered by the institution of Kings is a meere fiction For the same spirituall authoritie and superioritie that the Priests had before the institution of Kings they kept also after their institution and as all the people of Israel in whom the supreme spirituall power did before reside were neuerthelesse subiect in spirituals to the high Priests so also were Kings afterwards subiect also in spirituals to the same high Priests although in temporals they were supreme and the high Priests subiect and inferiour to them 59 And therefore to auoide tediousnesse I will omit to relate Mr. Fitzherberts text which he setteth down in the three next pages to prooue that the law of God was not altered and turned vpside downe by the institution of Kings and that the institution of Regall authoritie did not worke any alteration of the diuine law touching the authority of the high Priest and matters belonging to Religion nor brought any preiudice to the Ecclesiasticall dignitie nor did derogate from the obedience due to the high Priest in matters meere spirituall nor from the Soueraigntie of the spirituall power and function in things spirituall for of this there is no controuersie for ought I know albeit Mr. Fitzherbert saith that his Aduersaries but who they are I know not neither doth he expresse who they be doe make question about the same And therefore supposing that the high Priest retained the same spirituall power authoritie and dignitie after the institution of Kings which he had before their institution I will proceede to the examining of Mr. Fitzherberts arguments which he bringeth to proue that in the old law the high Priests were superiour not onely in dignitie and nobilitie but also in power and authoritie to the Kings as well in temporall as spirituall causes and that the Kings might be chastised temporally by the high Priest SECT II. Wherein all Mr. Fitzherberts arguments taken from the old law since the institution of Kings are at large examined and first his argument taken from the authoritie of Priests and Prophets to create annoint chastise and depose Kings is disprooued secondly Widdringtons answeres to the examples of Queene Athalia deposed by Ioiada the high Priest and of King Ozias deposed by Azarias the high Priest are confirmed and whatsoeuer D. Schulckenius obiecteth against the said answeres is related and answered and thirdly it is shewed that the authoritie of S. Chrysostome brought by my Aduersarie to confirme the example of King Ozias maketh nothing for him but against him and that in vrging this authoritie he dealeth fraudulenty peruerteth S. Chrysostomes meaning and also contradicteth Card. Bellarmine THe first argument which Mr. Fitzherbert bringeth out of the old law since the institution of the Kings of Israel is taken from their institution creation and vnction For almightie God sayth Mr. Fitzherbert a nu 14.15 pag 76. ordained that the Kings should receiue their very institution creation and vnction from the high Priests and Prophets Whereupon it followeth from the vndoubted maxime of the Apostle Hebr. 7. that the said Priests and Prophets were superiour to Kings for sine vlla contradictione sayth the Apostle quod minus est a meliore benedicitur without any contradiction the lesse is blessed by the better which argument S. Chrysostome vseth in like manner saying Chrysost de verbis Isa hom Deus ipsum Regale caput c. God hath subiected the very head of the King to the hands of the Priest teaching vs that this Prince to wit the Priest is greater then the other for that which is lesse receiueth benediction from that which is more worthie So he who vrgeth also to the same end that the Kings in the old Testament were annointed by Priests and inferreth thereupon that maior hic principatus the principalitie of the Priest is greater then the Kings Ibid. hom 4. Whereby he also acknowledgeth that the Priests of the old Testament were superiour to Kings And what meruaile seeing that the said Kings were not onely created and annointed but also chastised yea deposed sometimes by Prophets and Priests 1. Reg. 9. Ibid. cap. 16. 4. Reg. 9. 3. Reg. 19. 4. Reg. 11. Samuel first created and anoynted Saul King of the Iewes and after deposed him for his offences and anointed Dauid to reigne in his place In like manner the kingdome of Israel was translated from the children of Achab to Iehu by the Prophet Elizaeus and the kingdome of Syria from Benhadab to a subiect and seruant of his called Hazael by the Prophet Elias Also in the kingdome of Iuda the wicked Queene Athalia c. 2 But this argument only prooueth that which is not in controuersie betwixt me and my Aduersaries to wit that the Priests and Prophets were superiour to Kings in spirituall affaires and also that the spirituall power is more noble excellent and worthie then the temporall as spirituall things doe in worth dignitie and nobilitie excell temporall things For to annoint create institute and depose Kings in that manner as Kings in the old law were annointed created and deposed by Priests or Prophets were spirituall and not temporall actions b Qu. 38. in c. 1. lib. 3. Reg. For the annointing of Kings was a religious ceremonie and appertained to the office of a Priest especially when it was done with solemnitie and as well obserueth Abulensis it did directly belong to Priests seeing that it was a sacred thing and sacred oile was powred vpon them the making and handling whereof did belong onely to Priests yet sometimes it was done by Prophets for want of Priests to wit when by no meanes it could be done by Priests as when it was secret and vnknowne whom God would haue to be annointed for King for if it were manifest who was to bee annointed hee was annointed by Priests so was Salomon and afterwards Ioas and so it is to be thought of all others who were annointed for that the kingdome did belong to them by hereditarie succession but sometimes it was vnknowne who was to bee annointed to wit when one was annointed to whom it did not appertaine by right of succession and this was done by the commandement of God for seeing that the will of God was not made manifest but to the Prophets it could
Aduersaries by teaching that the Pope hath power to depose Christian Princes and not I who doe not maintaine that doctrine doe consequently impose that most horrible slander vpon the Vicar of Christ our common Father and Pastour 22 For wherefore thinke you doth this Doctour deny the consequence of my argument Marke I pray you his fallacious reason and how he fraudulently altereth my argument and cunningly changeth both the subiect and predicate of my antecedent proposition vpon which my consequence and consequent doe wholly depend For it doth not follow saith he from a power to depose a power to kill I neuer saide that from a power to depose in generall doeth follow a power to kill abstracting both from the persons who are to depose and kill and from the crimes for which the persons that may bee deposed may bee killed but my argument did specifie in particular as well the persons who were to depose and kill as the causes and crimes for which one may by them bee deposed or killed And I affirmed that from the doctrine that maintaineth the Popes power to depose hereticall Princes and publike enemies to the common spirituall good it doeth euidently follow that the Pope in order to the same publike spirituall good hath also power to kill such Princes and that therefore this argument was good The Pope in order to the common spirituall good hath power to depose absolute Princes if the crime deserue deposition therfore in order to the same spirituall good he hath power also to kill them if the crime deserue corporall death 23 And the reason or ground of my consequence was for that according to the doctrine of Card. Bellarmine and those that maintaine the Popes power to depose Soueraigne Princes for this cause and reason they grant vnto the Pope a power to depose Princes in order to spirituall good for that they graunt the Pope to haue in order to spirituall good â—â—otestatem summam in temporalibus so great a power in temporals that none can be greater and therefore as great a power in temporals as â—emporall Princes haue Whereupon they are not afraid to affirme â—hat all Christian Princes Kings Emperours and Monarches are the Popes subiects in temporals in order to spirituall good as other infeâ—iour persons are subiect to temporall Princes in temporals in order to â—emporall good But a temporall Prince hath in order to temporall good authoritie not onely to take away the lands and liues of their â—ubiects if the crime deserue that punishment and the common temporall good doth require the same but also if the crime be publike and notorious and the malefactours or perturbers of the publike temporal good be so potent that without rebellion or great temporall harme â—hey can not be apprehended he hath authoritie to condemne them â—riuately and in their absence without any processe citation or deâ—ence and afterwards to giue licence to any priuate man to bereaue â—hem of their liues by any arte or stratageme and by any publike or â—riuie way therefore the Pope according to these desperate grounds â—nd principles which graunt him potestatem summam in temporalibus â—ath the like authoritie ouer temporall Princes in order to spirituall good who according to this false and scandalous doctrine are in order to spirituall good subiect to the Pope in temporals This was my â—rgument 24 wherefore my consequence was onely concerning the Pope â—o whom is therefore graunted by my Aduersaries a power to depose Princes for that he hath in order to spirituall good potestatem summam â—n temporalibus so great a power in temporals that none can be greater for â— supreme power in temporals doth necessarily include a power both to depose and kill if the crime deserue the same And therefore who would not admire or rather pitie that so learned a man as is he who â— reputed to be the true Authour of this booke should bring such vnâ—earned instances from those who haue not a supreme power in tempoâ—als or if they haue from a crime which doth not deserue death to imâ—ugne my consequence which speaketh both of one who is supposed â—o haue a supreme power in temporals and also of a crime which is so â—eynous that according to the law it deserueth death if it were committed by subiects or priuate men 25 For the consequences of those fiue examples which this Doâ—tour hath brought to impugne my arugment are all defectiue either â—or that the persons who are to depose and therefore to kill are not â—upposed to haue supreme power in temporals to wit euery Father Maâ—ter or Bishop or else because the crime for which the persons there â—pecified may be deposed doth not deserue so great a punishment as is death But if we once suppose a Father Master and Bishop to haue a supreme power in temporals ouer their sonnes seruants and Clerkes as the Pope is supposed by my Aduersaries to haue ouer all Christian Princes and also the crime to deserue death then I say it doth euidently follow that if such a Father hath power to depriue his sonne of his inheritance he hath also power to depriue him of his life not for that a power to kill is necessarily annexed to euery power to depose but to such a power to depose which is a supreme power ouer all temporals or rather for that a power to depose and to kill to take away goods and life are necessarily included in euery supreme power to dispose of all temporals And therefore all the shuffling shifting and cunning of this Doctour will neuer be able to weaken the force of my consequence but this consequence will euer remaine good and strong that if the Pope hath power to depriue temporall Princes of their kingdomes for that he is their supreme Lord in temporals in order to spirituall good it doth necessarily follow that he hath power also to depriue them of their liues if the necessitie of the common spirituall good require the same And therefore although the opinion of Card Bellarmine be receaued not by the Catholike Church as this Doctour vntruely affirmeth but by many Catholike Doctours and confirmed by the often practise of many later Popes yet alwaies contradicted by Catholike Kings and subiects neuerthelesse if these Catholike Doctours and Popes had duely considered what odious and detestable consequences doe follow from that opinion they would forthwith in my iudgement haue detested the premisses from which such hatefull conclusions and which this Doctour seemeth here so greatly to abhorre that he feareth not therefore to accuse me of imposing a most horrible slander vpon Christs Vicar are most cleerly and certainly deduced 26 Wherefore to conclude this point that which this Doctour answereth secondly concerning Athalia who was slaine by the commandement of Ioiada the high Priest is nothing to the purpose To this argument sayth he r Pag. 556. I answere now that examples are to be taken according to the conuenience of the matter and persons In
manifest that those words of the Apostle And all these things chanced to them in figure doe not signifie the same that these words doe And all things chanced to them in figure 152 His second answere is that the ancient Fathers and especially S. Chrysostome lib. 3. de Sacerdotio doe teach that the iudgement of the Priests in the old law concerning corporall leprosie was a figure of the iudgement of the Priests in the new Testament concerning sinnes But no man denyeth this for I make no doubt but that corporall leprosie and the iudgement thereof in the old law was a figure of spirituall leprosie and of the iudgement belonging thereunto in the new law That which I contend is that Cardinall Bellarmine did not truely entirely and faithfully set downe those wordes of Saint Paul 1. Corinth 10. And all these things chanced to them in figure for that hee left out that word these and that the Apostle did not say in that place that corporall leprosie and the iudgement thereof in the old law was a figure of spirituall leprosie and of the iudgement belonging thereunto in the new Testament and of this there needeth no other proofe then to peruse the words and text of the Apostle in that Chapter 153 Thirdly this Doctor answereth that S. Thomas x Prima secundae q. 104 ar 1. and S. Aug. y In lib viginti vnius sentent l. 16. contra Faustum cap. 28. l. 18. c. 6. l. 22. c. 24. in many places doe cite those words of S. Paul in that maner as Card. Bell. doth therefore C. Bell cannot bee reprehended for citing the wordes of the Apostle not entirely and sincerely vnlesse they also with him bee reprehended But first this is not to take away the aforesaid imputation from Card. Bellarmine but to lay it vpon others Secondly it is not true that St. Augustine citeth those wordes in that manner as Cardinall Bellarmine doeth but hee expresly setteth downe in all the later places All these things as it is in Saint Paul Onely in that booke Viginti vnius sententiarum he citeth indeede those wordes of the Apostle as Cardinall Bellarmine doth leauing out that word these yet D. Shulckenius being so well acquainted with Cardinall Bellarmine and his doctrine could hardly forget that Card. Bellarmine himselfe expressely denyeth z De Scriptoribus Ecclesiast ab anno 400. ad 500. in obseruat ad â—om 4. S. Augustini pag. 187. that booke viginti vnius sententiarum to be S. Augustius worke or to haue in it any graue thing or worthy S. Augustine 154 Neuerthelesse I doe not deny but that S. Austin S. Thomas or any other might by an other consequence gather from that saying of S. Paul that all things for the greater part did chance to the Iewes in figure For although S. Paul doth onely say That all these things did chance to the Iewes in figure yet seeing that there is no more reason why those things mentioned there and not also many other things not mentioned in that place as the Sabboth Circumcision c. which are named by S. Augustine should chance to the Iewes in figure we may from those words of S. Paul rightly inferre by an other consequence that all things for the greatest part did chance to the Iewes in figure But as I said that onely which I contend is that Card. Bellarmine did not truely entirely and faithfully relate those words of S. Paul neither hath this Doctour as you haue seene brought any colourable argument to confute the same 155 Thus thou seest good Reader that Card. Bellarmines argument taken from the example of King Ozias is most weake and insufficient and my answere thereunto to be sound and irreprooueable and D. Schulckenius Reply to be very fraudulent and in all points to be shaken and quite ouerthrowne and to haue wrapped in sentences with vnskilfull and ambiguous words Now you shall see how weakely and nakedly my vnlearned Aduersarie Mr. Fitzherbert notwithstanding he had seene my aforesaid answere to this example vrgeth againe the same But he bringeth nothing in confirmation thereof but what I answered before in my Apologie except the authoritie of S. Chrysostome whose words and meaning neuerthelesse he doth most fowlly corrupt and to which also in my English Theologicall Disputation a in the Admonition nu 23. seq which was published long before his Treatise against me came foorth I did most cleerely answere 156 Ozias was so farre saith Mr. Fitzherbert b Cap. 5. nu 19. pag. 79. Suppl pag. 19. from being supreme head ouer Priests in spirituall matters that he was subiect to them therein and bound to obey them no lesse then was the meanest subiect he had This is manifest by the plaine-words of the Scripture in this place where the high Priest hauing rebuked Ozias for his presumption did not onely command him to depart saying Egredere de Sanctuario c. Goe out of the Sanctuarie c. 2. Paralip 26. but also thrust him out of the same as soone as the leprosie was discouered in his forehead Festinato saith the Scripture expulerunt cum They thrust him out in all hast besides that it is manifest in the same place that God punished him as well for his disobedience in resisting and threatning the Priests as for presuming to Sacrifice and therefore though he had the Censar in his hand to burne the incense yet he was not stroken with leprosie vntill he had threatned the Priests Minabatur Sicerdotibus sayth the Scripture statimque orta est lepra in fronte eius c. He threatned the Priests and foorthwith there arose a leprosie in his forehead wherein was fulfilled the menacing admonition that God gaue to the people in the 24. of Deuteronomie as I haue declared before when he commanded them exactly to obey the Priests of the Leuiticall stocke bidding them remember how Mary was punished with leprosie for murmuring against Moyses Moreouer whereas there was a generall law giuen to the people in Leuiticus whereby all men without exception were bound in case of leprosie to vnder goe and obey the iudgement of the Priests and at their arbitrement to be separated from the company and conuersation of other men it is manifest by this example that the Kings were no lesse subiect to this law and bound to obey the Priests then euery other man in which respect Ozias was forced by the sentence of the Priests according to the prescript of the law to liue in a house apart so long as he liued And I can not omit c. Thus Mr. Fitzherbert 157 But what is all this to the purpose or how from hence doth it follow that the Priests of the old law had authoritie to depose temporall Princes and had a Soueraigntie ouer them not onely in spirituall but also in temporall causes as this man pretendeth For all that Mr. Fitzherbert here hath said is briefly this First that the
thereof and no sufficient proofe to confirme his new inuented Catholike faith touching the Popes power to depose Princes as I will at large make plaine beneath p Chap. 9. seq 25 Secondly it is also vntrue that I onely am the man who denieth the spirituall Pastours of the Church to haue authoritie by the institution of Christ to inflict temporall punishments and consequently to proceed to no other temporall chastisement after they haue cast the dart of Excommunication Many other learned Catholikes as I haue shewed aboue q Part. 2. per totum doe also deny the same and Almaine affirmeth that it is the doctrine of most Doctours that the Ecclesiasticall power cannot by the institution of Christ inflict any temporall or ciuill punishment as death exile priuation of goods c. Yea nor so much as to imprison With what face therefore dare this Doctour to terrifie simple Catholikes cry out so often Onely Widdrington or ely Widdrington as Card. Bellarmine did onely Barclay onely Barclay doe oppose themselues against all Catholikes But God be praised that my Aduersaries themselues haue liued to see what little credit is giuen by Catholikes to their vaunting words and with what disgrace their bookes haue beene handled by the State of France For Card. Bellarmines booke against D. Barclay was condemned and forbidden by the Parliament of Paris vnder paine of treason this Doctours booke against me was disgacefully burnt by the hangman before the great staires of the Pallace and the same fire but by a more publike sentence and in a more solemne manner Fa. Suarez booke also hat passed 26 Thirdly this Doctour very learnedly forsooth carpeth at me for abusing words in calling deposition and killing temporall armour or weapons My Aduersarie Widdrington saith he r Cap. 8. pag. 375. abuseth words when he affirmeth deposition and killing to be temporall armour or weapons F. who euer heard that deposition or killing are armour or weapons They are effects of armour or weapons but they themselues are not armour or weapons But first this Doctour hath so vigilant on eye ouer my words and writings to carpe at them that he quite forgetteth what words he himselfe doth vse For he himselfe heere confesseth that Ecclesiasticall Censures are spirituall armour or weapons whereupon in this very Chapter he callet Å¿ Cap. 8. pag. 360. Excommunication a dart and Card. Bellarmine in his booke against Barclay t Cap. 19. pag. 185. calleth Ecclesiasticall Censures the spirituall sword and yet Excommunication and other Ecclesiasticall Censures are according to his owne doctrine effects of spirituall armour or weapons to wit of the Ecclesiasticall power which he calleth v Pag. 386. 387. in tract contra Barclai cap. 19. pag. â—88 the spirituall sword And if spirituall Censures or punishments may be called spirituall armour or weapons although they be an effect of the spirituall power or sword why may not I pray you temporall censures or punishments as are deposition and killing be called temporall weapons or armour although they be effects of the temporall power or sword If therefore I abuse words in calling temporall Censures or punishments temporall armour or weapons how can he excuse himselfe from abusing words in calling spirituall Censures or punishments spirituall armour or weapons 27 Secondly it is vsuall among Philosophers to nominate and describe a thing by the name of the cause whereupon they deuide a definition into a formall and causall definition or description as the Eclipse of the Moone is commonly described to be an interposition of the earth betwixt the body of they Sunne and of the Moone not for that the Eclipse of the Moone is formally that interposition for it is formally nothing else then a want of light in the Moone but for that it is caused by that interposition and Thunder according to the opinion of Empedocles and Anaxagoras is defined to be a quenching of fire inclosed in a cloude See Aristotle lib. 2. Meoteor sum 3. cap. 1. 2. but according to the doctrine of Aristotle a violent breaking out of a fiery exhalation inclosed in a cloud not for that Thunder is formally the aforesaid quenching or breaking forth for it is formally a sound or noice but for that this sound is caused from thence so likewise spirituall and temporall Censures may be called spirituall and temporall armour or weapons not for that formally they are so but for that they are effects caused from thence But lastly what man is so ignorant who knoweth not that the same thing may be both an effect and also a cause being considered diuers waies and so the same spirituall or temporall Censure and punishment as it proceedeth from the spirituall or temporall power which is rightly called the spirituall or temporall sword is an effect and not to be called a sword weapon or armour yet as it is a cause to bring great griefe to the person so punished or to redresse great euill it may well be called armour offensiue or defensiue yea and griefe it selfe may without abusing of words be called a sword according to that of the holy Scripture Luc. 2. And thy owne soule a sword shall pearce And thus you see how weakely and fraudulently this Doctour hath impugned my answere 28 Now to returne to Mr. Fitzherbert He forsooth bringeth an other reason but as insufficient as his former to proue that the Pastors of the Church haue authoritie to inflict temporall or corporall punishments vpon hereticall or schismaticall Princes if they shall contemne Ecclesiasticall Censures For otherwise how is that saith he x Num. 35. pag. 89. 2. Cor. 10. fulfilled which the Apostle said of the most ample power that he and other Apostles had to destroy Munitions Counsells and all Altitude or Lostinesse extolling it selfe against the knowledge of God yea and to reuenge or punish omnem inobedientiam all disobedience Which words S. Augustine August ad Bonifac Com. epist 50. vnderstandeth of the authoritie left by our Sauiour to his Church to compell her rebellious and disobedient children to performe their duties and the same is also acknowledged by some of our principall Aduersaries namely Caluin Caluin vpon this place who not only expoundeth this place of the coercitiue and coactiue power that is in the Church but also groundeth the same vpon the words of our Sauiour to his Apostles Quicquid ligaueritis super terram Matth. 18. erit ligatum in caelis c. Whatsoeuer you shall bind on earth shall be bound in heauen and whatsoeuer you shall loose on earth shall be loosed in heauen 29 Whereupon I inferre that if the Ecclesiasticall authoritie dâ—d not extend it selfe to the chasticement of disobedient Princes in their temporall states the Church should not haue the power whereof S. Paul speaketh that is to reuenge all disobedience seeing that the disobedience of absolute Princes to Ecclesiasticall Censures should be incorrigible and remedilesse Whereupon it would
vertue annexed doe become spirituall things that is vertuous actions and therefore subiect to the spirituall directiue power yet they doe not become spirituall Censures and therefore not subiect to the spirituall power as it is coerciue but they still remaine temporall punishments which are the obiect only of the temporall coerciue power 109 Wherefore that also which he addeth that euery Superiour may according to my doctrine punish his Subiect with penalties proportionate to his authoritie is very true but he must still distinguish betwixt the directiue and coerciue power or authoritie and in what manner temporall punishments are proportionate to either of them For because as well temporall as spirituall punishments may be vertuous or vicious actions therefore they are proportionate to the spirituall directiue power whose proper acts and obiects are the commanding of vertue and the forbidding of vice but because not the commanding either of temporall or spirituall punishments but only the actuall punishing with Ecclesiasticall censures or the inflicting of spirituall punishments is the proper act and obiect of the spirituall coerciue power therefore the inflicting onely of spirituall punishments and not of temporall is proportionate to the spirituall coerciue power From whence it euidently followeth that the Church for a spirituall end may command temporall things but not dispose of temporall things may command one to giue Almes for the satisfaction of his sinnes but may not take away his purse from him to giue Almes for that end may commaund one to punish and macerate his body when it rebelleth against the soule but not inflict vpon him corporall punishments for the same end 110 And by this also all the rest which Mr. Fitzherbert addeth in this Chapter is clearely answered and the manifest absurditie which hee would put vpon mee doth manifestly fall vpon himselfe But now saith he m Pag. 109. nu 25.26.27 if together with all this we consider the naturall subordination of temporall things to spirituall whereof I haue sufficiently treated before n Supra num 2 3.4 seq Widdringtons absurdity will be most manifest as well in denying that the spirituall Superiour may punish his subiect in his person or temporall goods for a spirituall end as in affirming that the spirituall power may become subiect to the temporall no lesse then the temporall to the spirituall as though there were no subordination or subiection of the one to the other wherein he peruerteth the whole course of Nature no lesse then if he should say that in some cases the soule may be subiect to the body heauen to earth religion to policie Angels to men and God to the world whereby you may still see what probable arguments and answers he affordeth his Reader for the assurance and security of their consciences See Preface num 9. See also the answere therto nu 9. seq and that he had great reason to protest as you may remember I haue signified in the Preface that his meaning is not to lay downe any demonstrations or infallible arguments for the proofe or defence of his opinion 111 For truely all that he saith doth demonstrate nothing else but the weakenesse of his cause and his owne wilfulnesse if not of malice in defending such an improbable and extrauagant Paradoxe as this is which hee holdeth and defendeth contrary to the vniuersall and continuall custome of the Church grounded vpon the holy Scriptures the practise of the Apostles and the decrees of Popes and Councels and finally contrary to the whole course of the Canon law as it will euidently appeare in the ensuing Chapters and as Cardinall Bellarmine against Barclay and Doctour Schulckenius in his late Apologie for the Cardinall and diuers others haue sufficiently shewed and amongst our learned Countrimen Mr. Doctor Weston hath clerely soundly proued it in his booke intituled Iuris Pontificij Sanctuarium wherein he battereth all the foundations of my Aduersarie Widdringtons doctrine and fully confuteth him as well in all other points as in this touching the Popes power to punish temporally which hee o Quest 17.18.19.20.21 22. doth learnedly and amply demonstrate as well by the holy Scriptures as by many examples of the Churches practise to wit by diuers kinde of diuorces by the relaxation of debts exemption of children frō the power of their parents the abrogation of temporall and Ciuill lawes the dissolution of contracts and bargaines and finally by the imposition of temporall penalties almost vsuall and ordinarie in the practise of the Church as hee sheweth very particularly by the Ecclesiasticall Canons I forbeare for breuities sake to prosecute these points in particular only I shall haue iust occasion to treate now and then of the infliction of temporall penalties in answer of my Aduersaries pertinent obiections out of the Canons and Canonists which I hope may suffice for as much as I haue vndertaken to performe in this briefe Reply 112 But all that my Aduersary heere obiecteth I haue alreadie sufficiently confuted And first I haue cleerely conuinced that there is no naturall subordination of the temporall power to the spiritual except in nobilitie and therefore that neither the spirituall power speaking properly and in abstracto is subiect to the temporall nor the temporall to the spirituall except as I said in worth excellency and nobilitie wherein the spirituall doth excell but not in authoritie wherein they are both supreme vnlesse my Aduersaries will grant that temporall Princes are not supreme and absolute in temporall matters and spirituall Pastours are not supreme and absolute in spirituall causes which is a Paradox in true Diuinity Secondly I haue proued also most plainly that not onely temporall Princes being parts and members of the spirituall kingdome or Church of Christ are subiect to spirituall Pastours in spirituall things but also spirituall Pastours being parts and members of the temporall common-wealth are subiect to temporall Princes in all temporall things except wherein the law of God or man hath exempted them and to affirme the contrary were to peruert the whole course of Nature no lesse then if one should say that members are not subiect to the whole body and to the head thereof the bodie and soule to man heauen and earth to the whole world religion pollicy men Angels and the whole world to God Whereby you still see what improbable arguments answeres my Aduersary affoordeth his Readers for the assurance and securitie of their consciences in a matter belonging to their obedience due to God and Caesar and which forsooth he will needes haue to be a point of faith to the proofe whereof it is not sufficient to bring probable arguments but conuincing demonstrations as contrariwise it sufficeth to bring probable arguments and probable answeres to prooue any doctrine not to be certaine and of faith as I haue shewed more amply in the answere to his Preface whereto heere he remitteth his Reader 113 For truely all the effectuall proofes and cleere demonstrations which
hitherto he hath brought are only to demonstrate both the weakenesse of his cause and also his fraud and ignorance in dissembling the true state of the question in almost euery particular difficultie and confounding his Readers vnderstanding with ambiguous words and sentences which being once explained and the ambiguitie of them laid open doe foorthwith discouer either his want of learning or sinceritie as you may see almost in euery Chapter Neither is this his new coined Catholike faith concerning the Popes power to depose Princes agreeable to the vniuersall and continuall custome of the Catholike Church both for that this custome I doe not say of the Church but of some Popes to depose Princes began first by Pope Gregorie the seuenth Onuphr lib. 4. de varia creat Rom. Pont. who was the first Pope saith Onuphrius that contrarie to the custome of his Ancestours deposed the Emperour A thing vnheard of before that age and also for that it hath beene euer euen vnto this day contradicted by learned Catholikes and therefore neither in regard of time or persons can it bee called vniuersall neither can it be conuinced either by the holy Scriptures the practise of the Apostles the decrees of Popes or Councells or any one constitution of the Canon law What Cardinall Bellarmine hath proued against D. Barclay hath beene answered by Mr. Iohn Barclay to whose booke neither Card. Bellarmine not any other for him can in my iudgment make a sufficient Reply and what D. Schulckenius hath prooued against me you haue seene partly in this Treatise and partly in the Discouerie of his calumnies wherein I haue cleerely shewed all the arguments he bringeth to accuse me and my doctrine of heresie to be slanderous and himselfe to bee void of all Christian sinceritie modestie iustice and charitie 114 And as for D. Weston because his zeale is so furious his railing so intemperate and his arguments of so little force and for that very few of our Countrymen for ought I can learne are greatly moued but most men much scandalized with his vncharitable vnlearned and immodest Reply howsoeuer Mr. Fitzherbert expecting be like the same from him doth so exceedingly extoll it I thinke it neither needefull nor expedient vnlesse I should answere him in his railing humour according to the aduice of the wise man respondeaâ— stulto iuxto stultitiam suam which some vncharitable spirits who seeke all meanes to disgrace me would quickly reprehend in me to make him any formall answere especially seeing that all the arguments hee hath scraped together the chiefe heads whereof are heere in generall mentioned by my Aduersarie to wit the holy Scriptures and many examples of the Churches practise as diuers kinde of diuorces relaxation of debts exemption of children from the power of their Parents the abrogation of temporall and Ciuill lawes the dissolution of contracts and bargaines the imposition of temporall penalties and the right which spirituall Pastours haue to haue corporall maintenance and to take water to baptize children haue beene by me alreadie either in particular or in generall sufficiently answered 115 For first his arguments taken from the authoritie of the holy Scriptures I haue answered in particular and secondly all his other proofes and examples which are grounded vpon the practise of the Church and the Canons of Popes or Councells are to be vnderstood either of the disposing of spirituall things as of the conditions and impediments of Matrimonie which is not a meere ciuill contract but also a Sacrament and spirituall contract representing the vnion and coniunction of Christ our Sauiour with the mysticall body of his Church and therefore because it is both a Sacrament and also a ciuill contract it is now the more common opinion of Diuines p See Zanche lib. 7. de matrim disp 3. that Secular Princes if wee regard the nature of ciuill power haue also authoritie to ordaine the conditions and impediments of Matrimonie as it is a ciuill contract And although the Popes haue now reserued to themselues all causes belonging to Matrimonie in so much that Christian Princes cannot now lawfully dispose of the conditions and impediments of Matrimonie yet Petrus a Soto is of opinion Petr. Sot lec 4 de matrim versus finem that the Pope cannot depriue Princes of this their ciuill authoritie but that they of their owne accord and mooued by pietie haue yeelded to this reseruation of the Pope in regard that marriage is not onely a Ciuill contract but also a Sacrament of the Church or else they are so to bee vnderstood that they did confirme the Imperiall and Ciuill lawes or that they were made by the authoritie and expresse or tacite consent of temporall Princes or that they did declare the law of GOD and nature by which wee are commanded to auoide all probable danger of sinne or that they did only command and enioyne not inflict temporall penalties or finally that they did only argue a priuate right to some temporall thing but not by way of authoritie or superioritie to dispose of the same as not onely Priests but also priuate lay men may lawfully take another mans water to baptize a childe in extreame necessitie and spirituall Pastours haue a right to bee corporally releeued by them to whom they minister spirituall things as Saint Paul prooueth 1. Corinth 9. and in the ende concludeth So also our Lord ordained for them that preach the Gospel to liue of the Gospell 116 And can any iudicious man perswade himselfe that if Mr. Fitzherbert had thought in very deede these arguments of D. Weston to bee such conuincing proofes and demonstrations as in wordes hee boasteth he would for breuities sake haue forborne to vrge some of them in particular seeing that hee did not forbeare for breuities sake to take the greatest part of sixe or seuen chapters of this his Reply which containeth only seuenteene Chapters in all out of Fa Lessius masked vnder D. Singletons name concerning the Canon of the Councell of Lateran and by that decree touching the exemption of Children which he hath singled out of the rest for that as I imagine it was also greatly vrged by Fa. Suarez to which aboue I haue fully answered you may easily coniecture what kinde of demonstrations are contained in the rest Wherefore to conclude this Chapter if the Reader will but briefly reduce to some syllogisticall forme or methode all the Rhetoricall flourish which Mr. Fitzherbert hath heere made concerning the law of Nature it will presently appeare that hee hath prooued nothing else by the law of Nature then that spirituall things are more perfect excellent and worthie then temporall and that the temporall common-wealth is in perfection worth and nobilitie subiect and subordinate to the spirituall but that Religious Priests haue authoritie to punish the Ciuill Common-wealth or supreame gouernours thereof especially with temporall punishments he hath no way proued by the law of Nature but the flat contrarie I haue most cleerely conuinced
also of Lateran or at least wise Pope Innocent in the Councell of Lateran perceiuing that many sensuall men are more afraide of sensible and temporall punishments then of spirituall therefore to withdraw them more easily from sinne they commanded enioyned and imposed by their spirituall authoritie as it is directiue corporall and temporall punishments which sensuall men doe most abhorre and also they inflicted the same punishments not by their spirituall authoritie as it is coerciue which is extended onely as I haue often said to Ecclesiastical Censures but by the temporall authoritie which they haue receiued from the expresse or tacite consent graunt and priuiledges of temporall Princes seeing that it is well knowne as I haue related elsewhere out of Iohn Gerson Gerson de potest Eccles considerat 4. that Princes out of their deuotion haue giuen to the Cleargie great authoritie of temporall Iurisdiction 46 Thirdly obserue the goodly reason that this man bringeth why the Councell of Lateran began first with spirituall punishments and the Councell of Trent with temporall For that saith hee the decree of the Councell of Lateran was made against those who knew not the greatnesse of Excommunication and the decree of the Councell of Trent was made against those that knew the greatnesse thereof as though either Christian Princes or people knew not the greatnesse of Excommunication at the time of the Councell of Lateran or that either in very truth or according to the Doctrine of Cardinall Bellarmine Suarez and other vehement maintainers of the Popes power to depose Princes or in the iudgement of this Doctour himselfe it be commendable or lawfull first to depose Princes and to thrust them out of their kingdomes and afterwardes to excommunicate them and to declare them to be accounted as Heathens and Publicanes Be like this Doctour is perswaded that all his idle conceits must goe for an vndoubted oracle But he is deceiued for howsoeuer his fauourites will applaude all his sayings esteeming him as an other Pythagoras yet other men will require of him a more sufficient reason then a bare ipse dixit 47. Lastly it is not true that the Councell of Lateran did first commaund that Princes who fauour heretikes should be excommunicated and afterwards if this remedie did not auaile their subiects should be absolued from their allegiance because in that decree there is no mention made of Princes but onely of inferiour Officers and Magistrates But of this Decree we shall haue occasion to treate anon more at large As also it is a slaunder vsuall in this mans mouth that I contemne the foresaid decrees of the Councell of Lateran and of Trent which I doe reuerence with as much respect as he or any other Catholike ought to doe albeit I must needes confesse that although this Doctours interpretation of those decrees I doe not contemne for this is a word of arrogancie yet truely I doe not much regard vnlesse he shall bring better reasons to confirme the same then hitherto he hath brought And thus you see part of the answere I made to Cardinall Bellarmines second reason which afterwards I did prosecute more at large and in the end I did briefly insinuate how insufficiently Father Parsons grounding himselfe chiefly vpon this second argument of Cardinall Bellarmine did satisfie the Earle of Salisburies complaint 48 For the Earle of Salisburie saith Father Parsons y In the Preface to the Treatise tending to Mitigation nu 19. hath bin a long time sorrie that some cleere explication of the Papall authoritie hath not bin made by some publike and definitiue sentence orthodoxall c. That not onely those Princes which acknowledge this superioritie might be secured from feares and iealosies of continuall treasons and bloodie Assassinates against their persons but those Kings also which doe not approoue the same and yet would faine reserue a charitable opinion of their subiects might know how farre to repose themselues in their fidelitie in ciuill obedience howsoeuer they see them diuided from them in point of conscience c. Now to this complaint or desire of the Earle of Salisbury to haue the matter defined and declared Father Parsons answereth that among Catholike people the matter is cleare and sufficiently defined and declared in all points wherein there may be made any doubt concerning this affaire And for the clearing of the whole matter he diuideth it into three questions 49 The first is whether any authority were left by Christ in his Church and Christian Common-wealth to restraine or represse censure or iudge any exorbitant and pernicious excesse of great men States or Princes or that he hath left them remedilesse wholy by any ordinarie authoritie And to this question the substance of his answere is this that as in all other common-wealths that are not Christian all Philosophers and other men of soundest wisedome prudence and experience either Iew or Gentile haue from the beginning of the world concurred in this that God and nature hath left some sufficient authoritie in euery common-wealth for the lawfull and orderly repressing of those euils euen in the highest persons So when Christ our Sauiour came to found his Common-wealth of Christians in farre more perfection then other states had beene established before subiecting temporall things to spirituall according to the degree of their natures ends and eminencies and appointing a supreme vniuersall Gouernour in the one with a generall charge to looke to all his sheepe without exception of great or small people or potentates vpon these suppositions I say all Catholike learned men doe ground and haue euer grounded that in Christian Common-wealthes not only the foresaid ordinary authoritie is left which euery other state and kingdome had by God and nature to preserue and protect themselues in the cases before laid down but further also for more sure orderly proceeding therin that the supreme care iudgement direction and censure of this matter was left principally by Christ our Sauiour vnto the said supreme Gouernour and Pastour of his Church and Common-wealth And in this there is no difference in opinion or beliefe betweene any sort of Catholikes whatsoeuer so they be Catholikes though in particular cases diuersitie of persons time place cause and other circumstances may mooue some diuersitie of opinions And thus much of the first question 50 The second question may bee about the manner how this authoritie or in what sort it was giuen by Christ to his said supreme Pastour whether directly or indirectly immediately or by a certaine consequence And to this question he answereth that albeit the Canonists doe commonly defend the first part and Catholike Diuines for the most part the second yet both parts fully agree that there is such an authoritie left by Christ in his Church for remedie of vrgent cases for that otherwise hee should not haue sufficiently prouided for the necessitie thereof So as this difference in the manner maketh no difference at all in the thing it selfe 51 The third
question may be about the causes for which this authoritie may bee vsed as also the forme of proceeding to bee obserued therein whereunto he answereth that herein there are so many particularities to be considered as are ouerlong for this place onely it is sufficient for Catholike men to know that this may not be done without iust cause graue and vrgent motiues and due forme also of proceeding by admonition preuention intercession and other like preambles prescribed by Ecclesiasticall Canons to bee obserued whereby my Lordships doubts of feares and iealousies of continuall treasons and bloody Assassinates may iustly bee remooued For that this authoritie doth not onely not allow any such wicked or vnlawfull attempts but doth also expresly and publikely condemne the same and the doctrine thereof as may appeare not onely by the condemnation of Wickliffes wicked article in the Councell of Constance z Sess 15. wherein he affirmed That it was lawfull for euery priuate man to kill any Prince whom he held to bee a Tyrant but also by like condemnation of Caluin Beza c. 52 Thus you see that Father Parsons hath not answered to the Earle of Salisburies complaint in particular to wit that some cleere explication of the Papall authoritie ouer the kingdomes and liues of temporall Princes hath not beene made by some publike and definitiue sentence orthodoxall c. But he supposeth it as certaine and graunted by Catholikes and in steade of some cleere and publike definition orthodoxall c. Which the Earle of Salisburie desired he bringeth onely certaine reasons which are in some sort grounded vpon the Law of Nature and the light of naturall reason to wit that Christ hath in his Church subiected temporall things to spirituall which also is true in the Law of Nature and that otherwise he had not so sufficiently prouided for the necessitie of his Church as God and Nature haue prouided for other temporall common-wealthes which are not so perfect as is his Church which reasons how weake and insufficient they are the Reader may presently perceiue by that which hath beene said before concerning the Law of Nature and against Cardinall Bellarmines second reason and also if he will but apply them to the Church and Synagogue in the old law in which without doubt God Almightie did both subiect temporall things to spirituall and for the necessitie whereof he did also sufficiently prouide and yet Cardinall Bellarmine himselfe affirmeth it to probable that in the old Law the Priesthood was subiect to the kingdome and that Kings were not to bee temporally by the High Priest but contrariwise the High Priest was subiect in temporalls to the King and to bee punished by him with temporall punishments Wherefore after I had cleerely ouerthrowne Cardinall Bellarmines reason concluding thus And so it is manifest by that which I haue said how weake this second reason of Cardinall Bellarmine is euen according to his owne principles I forthwith answered Father Parsons in this manner a Apolog. nu 203. 53 By which it is also apparant how weakely the Author of the English Treatise tending to Mitigation who groundeth his whole discourse for the Popes power to depose Princes vpon this second reason of Cardinall Bellarmine doth satisfie the Earle of Salisburies desire whereof we made mention aboue For although it be-true that Christ our Sauiour left in his Church which is a spirituall common-wealth as in all other well established common-wealths sufficient authoritie and power for as much as concerneth the power it selfe to defend her selfe from the iniuries of all men whatsoeuer to correct iudge punish all wicked persons of what state or condition soeuer they be that are subiect to the supreme Prince of this spirituall common-wealth as members of the head sheepe to their Pastours children to their Father Neuerthelesse that Christ left in his Church sufficient power might or force to represse at all times all excesses whatsoeuer of Christian Princes or that the punishments wherewith such Princes may be punished by the Church are temporall which doe passe the limits appointed by Christ to a spirituall common-wealth this besides that it seemeth to be supposed by this Authour as certaine without any reason at all is also most clearely repugnant to the common doctrine of the ancient Fathers who doe teach as I related aboue b Nu. 5 seq that the armour or weapons of the Church are spirituall not temporall and that Princes if they offend are for as much as concerneth temporall punishments to be left to the examination and iudgement of God alone 54 Wherefore there remaineth in the Church sufficient remedie and spirituall authoritie for temporall authoritie or which now I take for all one authoritie to dispose of temporalls is not agreeable to the condition of a spirituall common-wealth to represse by spirituall punishments the exorbitant excesses of all her subiects whatsoeuer and of this there is no controuersie among Catholikes as also to euery temporall common-wealth the law of God and nature hath giuen full and perfect temporall authoritie to punish all her subiects that shall offend with temporall punishments but not with spirituall which are not agreeable to a temporall common-wealth and to defend her selfe with corporall weapons from the wrongs and violence of all men though of forraine countreys how strong and potent soeuer they be albeit she hath not alwayes an effectuall remedie or sufficient force might or power to free her selfe from the vniust oppressions not onely of forraine countreys but also of her owne subiects by reason of their excessiue power and might 55 And therefore it is not onely a controuersie among Catholikes about the manner how the Pope hath authority to dispose of temporals and to depose temporall Princes to wit whether directly or indirectly immediatly or by a certaine consequence as this Authour without any proofe at all doth ill suppose as certaine and not doubted of by Catholikes but as I haue often said out of Trithemius It is a controuersie among the Schoolemen about the thing it selfe Trithem in Chron. monast Hirsang ad ann 1106. whether the Pope hath any such authority in any manner at all and as yet it is not determined by the Iudge whether hee hath any power to depose the Emperour or no. 56 Lastly if in euery well established Common-weath there is left sufficient remedy and authority by God and nature to represse and punish the more hainous offences of their Soueraigne Prince whereon the Discourse of this Authour in his first question whereupon the other two questions doe depend is chiefly grounded I doe not see in what manner and with what reason he can rid himselfe but that consequently hee must also grant that the Pope himselfe may for all enormous crimes be corrected iudged and punished by the Church Bel. li. 2. de Concil cap. 19. ad 2. nu whereas Cardinall Bellarmine as you haue seene aboue c Nu. 188. Apolog doth teach that
the Church hath not any effectuall remedie or which in his opinion is all one any sufficient authority to punish a knowen and vndoubted Pope for any crime whatsoeuer only heresie excepted Therefore you see what a foundation this Authour hath laid to subiect Popes to the examination censure and correction of a generall Councell which representeth the vniuersall Church and to quite ouerthrow Cardinall Bellarmines doctrine touching the Popes authority ouer a generall Councell which is also receiued by all the writers of his Society Thus I answered Father Parsons discourse in my Apologie 57 By which the Reader may easily perceiue what small satisfaction Fa. Parsons gaue to the Earle of Salisburies complaint both for that hee brought no cleare definition orthodoxall which the Earle required to prooue that the Pope hath authority to depose wicked Princes and to dispose of all their temporals but supposed it as graunted by all Catholikes for these silly reasons which I before rehearsed and also that from the doctrine of the Popes power to depose Princes and to dispose of all temporalls it necessarily followeth as I conuinced in my Apologie d Nu. 43. Seg. that he may also takeaway their liues and giue leaue to others to kill them by all those wayes publike or secret by which temporall Princes may take away the liues of their wicked subiects and consequently his Lordships doubts of feares and iealousies of continuall treasons and bloudy Assassinates was not remooued by Father Parsons answere for that they who would attempt to kill such wicked and tyrannicall Princes and obstinate in their wickednesse might easily answere the decree of the Councell of Constance and affirme that what they did was not done by priuate but by publike and lawfull authoritie and that they had sufficient warrant from the virtuall at least wise and interpretatiue consent of the Pope who was bound by the law of God to giue his consent thereunto as in my Appendix against Suarez I did cleerely deduce e Part. 1. sec 9. nu 7. 8. and so those wicked miscreants that murthered the last two Kings of France and attempted to haue blowne vp with gun-powder our most noble King Queene with their Royall issue and all the nobility with the Knights and Burgeses of the Parliament did easily shift off the Decree of the Councell of Constance pretending that what they did was done by lawfull and publike authoritie 58 Now albeit Mr. Fitzherbert pretendeth to defend Fa. Parsons against that which I did answere for the respect and reuerence which hee beareth to the memorie of so woorthy a man and his old friend whereof I will say nothing at this time because as he was respected and reuerenced by many Catholikes so also hee was by many not reputed woorthy of such respect and reuerence the cause whereof I will omit now to relate neuerthelesse hee saith little or nothing as you shall see against that which I vrged against him For first the greatest part of his defence hee spendeth f Pag. 120. nu 16. seq in excusing him from that whereof I did not accuse him to wit that Fa. Parsons did not say that the Church hath not onely sufficient power to worke the effect for which it was ordained but also sufficientes vires sufficient forces alwaies to execute and performe the same but onely that the power of the Church being considered in it selfe is sufficient to worke the effect for which it was ordained if it meete with a capable subiect and haue no externall impediment which may bee exemplified in the power to remit sinnes to giue holy Orders to excommunicate and such like For albeit the Church haue sufficient power to doe all this yet the same cannot be executed either at all times or in all places or vpon all persons by reason aswell of the in capacitie of subiects as of other externall impediments which may hinder the execution So as it were extreme folly to say that the Church hath not onely sufficient power but also sufficient forces alwaies to execute and performe the same And the like we say concerning the power left by our Sauiour Christ to punish absolute Princes in their temporall states to wit that the power being considered in it selfe is sufficient albeit the same cannot alwaies be executed and Fa. Parsons neuer taught or thought otherwise And therefore I must needes say as I said before that Widdrington hath either most grosly mistaken him which truely I cannot see how hee could doe in this place or else most maliciously abused and belyed him 59 But truely I must needes say that Mr. Fitzherbert to returne him backe his owne wordes hath either most grosly mistaken mee or else most maliciously abused and belyed me For I neither said nor meant to say that Fa. Parsons supposed as certaine and confessed by all Catholikes that Christ hath left to his Church sufficient force power or might to represse at all times all exorbitant excesses of Christian Princes or people but that he supposed as certaine and confessed by all Catholikes that the penalties wherewith the Church may punish her spirituall Children may be temporall punishments which supposition also of Fa. Parsons I declared afterwards as you haue seene in these wordes And therefore it is not onely a controuersie among Catholikes about the manner how the Pope hath power in temporalls to wit directly or indirectiy as this Au. hour without any proofe at all doth ill suppose but about the thing it selfe whether he hath in any manner at all such an authoritie whereof the Schoole-men are at variance and as yet it is not decided by the Iudge whether the Pope hath authoritie to depose the Emperour as we haue often said out of Trithemius 60 Neuerthelesse this also I must needes say that both D. Schulekenius and Mr. Fitzherbert and also Fa. Parsons cannot make good Cardinall Bellarmines second reason and sufficiently confute the answere I made thereunto but that they will bee driuen to suppose that the Church must haue not onely sufficient power and authoritie but also sufficient force power might and effectuall meanes to bring soules to paradise as any man of learning by that which I haue saide before may easily perceiue For the substance of Cardinall Bellarmines argument was this The Church must haue all necessarie and sufficient power or authoritie to saue soules for which the Ecclesiasticall power is ordained but the power to inflict Ecclesiasticall Censures is not sufficient for this end therfore another power to wit to inflict also temporal punishments is necessary 61 To this argument I answered that the power to inflict Ecclesiasticall Censures being considered in it selfe is sufficient to saue soules and that Ecclesiasticall Censures being so dreadfull punishments as I haue shewed are of themselues sufficient if they meete with a capable subiect to withdraw men from sinne neither is it necessarie that the Church must haue besides a power sufficient of it selfe sufficient force might
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
Reader may easily perceiue how vaine and impertinent are the rest of Mr. Fitzherberts inferences and obiections in this Chapter which therefore I might well omit but that to giue satisfaction to the vnlearned Reader I am in a sort compelled to set them downe 26 Whereupon saith he f Page 180. num 6. it followeth first that Widdringtons answere to the Canon of the Councell of Lateran grounded vpon a distinction of a matter of fact and a matter of faith is very vaine and friuolous as well because the one doth not exclude the other as also because by that distinction hee may impugne the Decree of the Apostles themselues of the Popes Pius and Victor and of the Councell of Nice and such other touching matters of fact no lesse probably then hee impugneth the Canon of the Councell of Lateran 27 But to this as you haue seene I haue answered before and haue cleerely shewed that I did not impugne but onely expound the decree of the Lateran Councell and that I did not oppose a matter of faith to euery matter of fact but to a matter of fact onely or which is all one to such a matter of fact which is not grounded vpon any doctrine of faith and such a matter of fact doth exclude a matter of faith also that by this distinction I doe not any wise impugne the decree of the Apostles of Pope Pius and Victor of the Councell of Nice or of any other touching matters of fact 28 Secondly saith Mr. Fitzherbert g Pa. 180. nu 7 it appeareth that as the Quartadecimani were woorthily condemned of heresie because they obstinately contradicted the authoritie of those Decrees so also those who doe with like obstinacy impugne the other Decree of the Councell of Lateran doe much more deserue to be held for heretickes seeing that they haue much lesse probability for their opinion then the other had 29 But this also hath been answered before for neither were the quartadecimani condemned of heresie because they obstinately contradicted the authoritie of those decrees but because they contradicted them vpon an hereticall ground Neither doe I impugne the Decree of the Lateran Councell but do only expound it according to the probable doctrine of very many learned Catholikes who since the Councell of Lateran haue affirmed that the Ecclesiasticall power by the institution of Christ doth not extend to the inflicting of temporall punishments as death exile priuation of goods imprisonment but that the Church when she inflicteth such punishments doth it by the pure positiue law and priuiledges of Princes which learned Doctours cannot without grosse temeritie and impudency be therefore condemned of heresie And if this decree of the Lateran Councell bee so cleere a proofe to make this doctrine for the Popes power to depose Princes to bee a point of faith and the contrary hereticall as these men pretend I would gladly know why Cardinall Bellarmine in his Controuersies Victoria Corduba Moliua or D. Sanders did not vrge it to make their doctrine in this point certaine vnquestionable and of faith and why Marsilius of Padua was not by some one of those who write of heresies accounted an hereticke for impugning this doctrine and why it was not by Castro Prateolus Cardinall Bellarmine or some other reckoned among one of his heresies but it must now forsooth within these few yeeres without any new definition either of Pope or Councell bee made an heresie which for a 1600. yeeres before was not by any ancient Father or Catholike Diuine accounted an heresie 30 Thirdly saith Mr. Fitzherbert h Pa. 181. nu â— whereas Widdrington concludeth this his third answere with this reason that the Fathers in the Councell of Lateran had no more assurance and certaintie for this their Decree then if they had declared their opinion foorth of the Councell because Christ hath not promised the infallible assistance of his holy Spirit vnto facts and probable opinions of Popes or Councells but to their definitions onely this his conclusion I say is most impertinent not onely because it impugneth the foresaid Decrees of the Apostles of Pope Pius and of the Nicene Councell no lesse then this other of the Councell of Lateran but also because he flatly ouerthroweth himselfe seeing that this Decree of the Councell of Lateran is a true definition concerning the meanes to extirpate heresie and therefore seeing that our Sauiour promised the infallible assistance of his holy Spirit to the definitions of Popes and Councels as Widdrington hath here expresly affirmed it followeth that the Pope and Fathers in the Councell of Lateran neither did nor could erre in their definition or Decree concerning the deposition of Princes when it shall be necessary for the extirpation of heresie 31 But all this also I haue fully satisfied before and shewed a great disparity betwixt those decrees of the Apostles of Pope Pius and of the Councell of Nice and betwixt the Act of the Lateran Councell concerning the future deposition of temporall Potestaes both for that this Act of the Lateran Councell is no true and proper Decree according to my Aduersaries grounds as those were and also for that no Catholike Authour affâ—rmeth that those Decrees were made by temporall but onely by spirituall authoritie but very many Doctours affirme that this Act was made by the authoritie and consent of temporall Princes seeing that according to their doctrine the Church by the institution of Christ hath not authoritie to inflict temporall punishments but that when shee vseth or inflicteth them shee doth it by the pure positiue law and priuiledges of Princes 32 And whereas Mr. Fitzherbert saith that this Decree of the Lateran Councell is a true definition concerning the meanes to extirpate heresiâ— if hee meane by the Decree of the Lateran Councell this onely Act concerning the absoluing of Vassalls from their fealty whereof onely wee now dispute and by a definition hee vnderstand a Decree containing some precept or obligation either concerning faith or manners this is very vntrue for as I shewed before this Act according to his owne grounds containeth no precept bond or obligation vnlesse he will grant that the Councell hath authoritie to command or bind the Pope and therefore it is not properly a true Decree but onely the reason cause and end of the former Decree and although it were a true decree and in that sense a definition yet for that it was enacted not by spitituall but by temporall authoritie it is euident that no infallible assistance of the holy Ghost was promised by our Sauiour Christ to the making thereof But if by this Decree of the Lateran Councell he vnderstand the whole act which containeth diuers particular decrees coÌ„cerning the rooting out of heresie by spirituall meanes for to root out heresie by temporall meanes and inflicting temporall punishments as I haue often said doth not belong to spirituall but to temporall authoritie then I willingly graunt that this Decree is a true definition
likewise Leo the Emperour was before depriued of his rents and reuenewes in Italie for heresie by Pope Gregorie the second Also Childerike King of France and Henry the fourth Emperour of that name had beene deposed from their states and dignities by the authoritie of the Sea Apostolike before the Councell of Lateran Therefore the said Councell had reason to thinke it altogether needelesse to determine any thing concerning the lawfulnesse of a matter alreadie admitted and practised 43 But truely any learned man would be ashamed to argue so vnlearnedly that because some Popes before the Councell of Lateran deposed Christian Princes wherein neuerthelesse they were greatly contradicted by Princes and subiects therefore the Popes authoritie to depose is vndoubtedly lawfull or because a matter is alreadie practised and admitted by many though contradicted and not admitted by others there needeth no determination to make the lawfulnesse thereof certaine and manifest It is true that diuers Popes since the time of Gregory the 7. who was the first that contrary to the custome of his Ancestours challenged to himselfe authority to depose the Emperour Onuphrius lib. 4 de varia creat Rom. Pont. saith Onuphrius haue put in practise this their pretended authority but it was euer contradicted both by Christian Princes and subiects And in particular concerning those examples which Mr. Fitzherbert here bringeth it is euident that many Catholike Authours whom I related elsewhere p Apolog. num 404. seq doe denie that Pope Zachary did depose Childerike in any other manner then by consenting to the Peeres of France who deposed him and by declaring that he might be lawfully deposed by the Peeres of France and his subiects absolued from their oath of allegiance That of P. Gregory the second or the third for my Aduersaries do not agree which of them it was Onuphrius vbi supra Otho Frsingensis lib. 6 cap. 35. Sigebert ad annum 1088. Godfridus viterb par 17. Trithem in Chron. monast Hirsang ad adnum 1106. Onuphrius calleth a fable Pope Gregory the 7. did indeede depose Henrie the fourth Emperour but how greatly hee was contradicted therein all Histories make mention and how it was accounted a great noueltie it is manifest by Otho Frisingensis Sigebert Godfridus Trithemius Onuphrius and also by the Epistle of Hermanus Bishop of Metz to Pope Gregory q Vide epistol Greg. 7. ad Herman lib. 8. Epist 21. concerning this poynt 44 Also Pope Innocent the third did depose Otho as before he deposed Philip and hereof he wrote a Decretall Epistle or Breue to the Duke of Zaringia which is registred in the Canon Law in Cap. Venerabilem de elect electi potestate which decree or decretall Epistle Albericus a famous Lawyer r In Dictionar in verbo electio Abbas Vrsperg ad annum 1198 affirmeth to be made by Pope Innocent against the liberty and rights of the Empire And Abbas Vrspergensis not onely reprehendeth that decree as containing in it against Philip many absurd things and some falsehoods but he also taxeth the Princes and Barons of periurie who saith he being taught by diabolicall art did not regard to breake their oathes nor violate their faith now forsaking Philip and adhering to Otho and contrariwise And how this deposition of Otho was contradicted by him Naucler gener 41. ad annum 1212. Nauclerus whom my Aduersary citeth doth plainely testifie who writeth that Otho speaking to the Princes of Germany affirmeth that it belongeth to their right and not the Popes to create and depose the Emperour But to see in what manner Otho was made Emperour to the infinite wrong of Fredericke the second being then a childe and without fault and who in his cradle was by almost all the Princes of Germany in the time of his father Henrie the sixt Emperour chosen to be their King and to whom they made their oath of allegiance and for what cause this Otho after hee was made Emperour was deposed by the Pope it would make euen a stonie heart to bleed and truely my Aduersaries in vrging these examples doe in my iudgement shew great want of discretion Naucler generat 41. ad ann 1193. Matth. Paris in Ioanne Rege an 1210. in giuing thereby occasion to rip vp many odious matters and which for reuerence to the Sea Apostolicke it were much better they were buried with perpetuall silence and obliuion See Nauclerus and Mathew Paris cited heere by my Aduersary 45 Also Pope Innocentius the fourth in the presence of the Councell of Lyons but without the approbation of the whole Councell did depose Fredericke the second but how greatly he was contradict therein both by the Emperour himselfe and also by the Princes of Germany and others it is manifest The Pope saith Abbas Stadensis Abbas Stad ad annum 1245. did vpon S. Iames his day renew in the said Councell of Lyons the sentence of Excommunication against the Emperour and by his owne authority therefore not of the Councell did depose him from his Imperiall dignity and this deposition he published throughout all the Church commanding vnder paine of Excommunication that none should hereafter name him Emperour which sentence flying throughout the world certaine of the Princes with many others did gainesay affirming that it doth not belong to the Pope to create or depose the Emperour but to crowne him that is chosen by the Princes And Nauclerus Naucler generat 42. ad ann 1242. seq to whom Mr. Fitzherbert in the margent remitteth his Reader affirmeth that the Emperour Fredericke in a letter to the King of France contended to prooue that the Popes sentence denounced against him was in law and right inualid and among other reasons of the Emperour hee alledgeth this that although the Bishop of Rome hath full power in spiritualls that he may absolue and binde all sinners yet it was neuer read that by the graunt of the law of God or man he hath power to transferre the Empire at his pleasure or to iudge temporally of Kings and Princes in depriuing them of their kingdomes And also what contradiction Pope Innocent found by that practise Trithemius relateth affirming Trithem in Chron. Monast Hirsang ad ann 1244. that Fredericke after his deposition came into Italy and did afflict the Pope and the people subiect to him with so great euills that he was weary of his life and wished that he had neuer thought of that deposition Iudge now good Reader what Mr. Fitzherbert dare not auouch affirming so boldly and shamefully that the authority of the Pope to depose Princes was not then doubted of or any way called in question but admitted for a knowne truth and with what security thou maist repose thy soule and whole estate vpon the learning and conscience of this man who with such grosse fraude and ignorance seekth to delude thee But to these examples I haue heeretofore partly in my Apologie and partly in this Treatise
in the solemne vow of chastity and to giue leaue to an inferiour Priest who is no Bishop to minister the Sacrament of Confirmation 12 Thus I argued in my Apologeticall Preface and then I concluded thus Let my Aduersaries solue these difficulties and I will forthwith by their owne solutions vntie the aforesaid knots which they imagine cannot in any wise be solued or loosed Whereby it is apparant that I did not oppose or apply any one of these three instances either to the decree of the Lateran Councell or to any other Canon of Pope or Councell which are vsually brought by my Aduersaries to prooue that the doctrine of the Popes power to depose Princes is a point of faith but as Fa. Lessius did not apply in particular those his three arguments either to the Canon of the Lateran Councell or to any other Canon or iudiciall sentence of the Pope or Councell but left them to be applyed by others to this or that Canon except onely his second agument which he seemeth to apply to the Lateran Councell so I thought it sufficient for that time to propound onely three other like instances in generall and not to compare or parellel any of them to any decree Canon or iudiciall sentence of Pope or Councell in particular whereby my Aduersaries contend to make manifest that this their doctrine for the Popes power to depose Princes is certaine and of faith but left the application of them to this or that Canon in particular vntill such time that they themselues would either apply those three arguments to some particular Canon of Pope or Councell or answere in forme to the three instances which I brought to confront with theirs 13 Now Mr. Fitzherbert neither answereth in forme to those three instances of mine which I grounded vpon those three examples of Popes nor so much as setteth them downe to bee seene by his Reader but cauilleth onely as you shal see at those three examples whereon my three instances were grounded and pretendeth to shew a great disparitie betweene those three examples and the Decree of the Lateran Councell and also hee would seeme to haue plaid the man and to haue quite ouerthrowne my three instances whereas hee hath not so much as touched or mentioned them at all Thus therefore hee beginneth this Chapter i Pag. 185. nu 1 My Aduersary Widdrington hauing hitherto shewed great weakenesse in himselfe and his cause by his answeres to our arguments Widdr. vbi supra nu 52. pretendeth to confute a Reply which he supposeth we will make to his last answere diuiding the said Reply into three points whereof the first is that the foundations and grounds of the Ecclesiasticall Canons and Decrees of Popes and Councells doe belong to faith whereupon Widdrington saith we inferre that seeing the Fathers in the Councell of Lateran grounded their Decree vpon this doctrine that the Pope hath power to depose Princes therefore the said doctrine must needs be certaine and a matter of faith Ibid. nu 53. 14 The second point is that seeing no Catholike man would doubt but that all Christians were bound to beleeue as a matter of faith that the Pope hath power to depose Princes if a generall Councell should expresly define it therefore we say that forasmuch as the Councell of Lateran doth suppose the same as a sure foundation of their foresaid Canon and Decree all Christians are no lesse bound to beleeue it then if they had expresly determined or defined it Ibid. nu 54. 15 The third point is that it being a matter of faith that the Church cannot erre in generall precepts or Decrees concerning manners it followeth that the Councell of Lateran hauing ordained the deposition of Princes neither hath erred nor could erre in it especially seeing that the errour would be most grieuous and pernicious to all Christians for thereupon would follow tumults seditions and warres by reason of the reuolts and rebellions of subiects against their Princes and the breach of their Oathes of fidelity which were no lesse then periury if the Pope had not authority to discharge subiects of their allegiance and fidelity to their Princes Thus in effect though somewhat more amply doth Widdrington argue for vs. 16 But first whether I or my Aduersary haue shewed great weakenesse in our selues and in our cause neither hee nor I but the iudicious Reader must bee the Iudge for with the same facilitie I may retort his owne words backe vpon himselfe Secondly I did not onely suppose that they would make those three arguments but I related them word by word as I found them in Fa. Lessius which neuerthelesse Mr. Fitzherbert hath very lamely recited especially the first and last argument leauing out many principal and very important words as you may see if you will compare them together Thirdly I did not say that hereupon they did inferre as this man vntruely saith I did that seeing the Fathers in the Councell of Lateran grounded their Decree vpon this doctrine that the Pope hath power to depose Princes therefore this doctrine must be certaine and of faith For albeit Fa. Lessius may seeme to apply his second argument to the Decree of the Lateran Councell which neuerthelesse he may also apply to the Decree of the Councell of Lyons yet his other arguments especially his first are so generall that they may be applyed to many other Decrees Canons dispensations and iudiciall sentences of Popes or Councells and if Fa. Lessius had particularly applied them to the Lateran Councell I might without more adoe haue easily answered them by denying as there I did that the Councell did suppose as a foundation of that Decree or Act concerning the absoluing of Vassals from their fealtie this doctrine that the Pope hath power to depose absolute Princes but onely inferiour Magistrates Land-Lords or Lords by the authoritie and consent of absolute Princes 17 Now for the answere and confutation saith k Pag. 186. nu 4. 5. Mr. Fitzherbert of these three arguments Widdrington produceth three instances to proue that the Pope doth somtimes exercise his power with danger of pernicious most grieuous errour when neuerthelesse it is vncertaine whether he haue such power or no. His first instance is that the Pope hath often giuen lilence to a Priest to minister and conferre the Sacrament of Confirmation notwithstanding that diuers great Doctours doe denie that the Pope can giue such licence or commission whereupon he concludeth that it is not certaine Durand Bonauent Adrian alij whether the Pope hath the power which he exercieth in giuing such licenses and addeth further An non saith he grauissimus error est c Is it not a most grieuous errour to grant such licences whereby there is danger to commit most grieuous sacriledges to wit the inualide administration of Sacraments So he shewing euidently how vnreuerent an opinion he hath of the licences dispensations and other actions of Popes seeing that
Lateran Councell that the doctrine of the Popes power to depose Princes is a point of faith the more he bewraieth his owne ignorance and the weakenesse of his cause and the vncertaintie of his new broached Catholike faith 11 And truely it cannot be denied saith Mr. Fitzherbert c Pag. 200. nu 3. but that great difference is to be made as Widdrington saith well out of Cardinall Bellarmine betwixt the certaintie of the Decrees of Councells and of the reasons which are alledged therein it being euident that all reasons are not of like weight certaintie or probability neuerthelesse it were absurd to say that the fundamentall reason or doctrine which is necessarily included and supposed in any decree of an Oecumenicall Councell can be false for so also the decree it selfe should be false and the errour of both iustly ascribed to the holy Ghost as Authour thereof 12 But heere my Aduersary shooteth his bolt farre beyond the marke for as not all Decrees of Oecumenicall Councells are certaine infallible and of faith but onely those which are made by true Ecclesiasticall authority and are propounded as of faith and which are generall to the whole Church and doe binde all the faithfull so neyther must the fundamentall reason or doctrine which is necessarily included in euery decree of an Oecumenial Councell be of necessity certain infallible and of faith but it may be false and exposed to error as the decree it selfe whereof it is a fundamentall reason 13 And this I say of decrees saith Mr. Fitzherbert d Pag. 194. num 4. 5. that concerne not onely matters of beliefe but also manners or matters of fact such as was the decree of the Apostles at Hierusalem wherein they doubted not to say Visum est Spiritui Sancto nobis Acts 15. It hath seemed good to the holy Ghost and vs ascribing to the holy Ghosts assistance their determination not onely of the decree it selfe but also of the foundation whereupon it was grounded I meane the equalitie iustice and conueniencie of it For it cannot bee denied but that the holy Ghost assisted and guided them first to determine what was lawfull and conuenient to be decreed and executed and then after to ordaine and decree it the one so depending on the other that if they had failed in the former they would not haue iustly decreed the latter that is to say if it had not beene lawfull and conuenient for Christians at that time to abstaine from strangled meates and bloud the Apostles could not haue lawfully ordained and decreed it and therefore the Decree being iust and ascribed to the assistance of the holy Ghost the foundation or ground and all the necessary consequents thereof must needs be granted to be lawfull and iust and to flow from one fountaine that is to say from the holy Ghosts inspiration and assistance 14 But first as concerning matters of beliefe I grant with Canus that it is certaine and of faith that the Church cannot erre when shee propoundeth a doctrine of faith with an obligation to binde all the faithfull to beleeue the same and likewise in Decrees concerning such manners and matters of fact as are necessary to saluation I grant also with the same Canus that it is certaine that shee cannot erre in making such Decrees for that consequently it would follow as Canus well deduceth that she may also erre in doctrine of faith and so the Church cannot command any thing to all the faithfull which is repugnant to the Gospel or to the law of nature But whether it be likewise certaine and of faith that the Church cannot erre in Decrees concerning manners and matters of fact which are not necessary to saluation I will not now dispute for not giuing occasion to my Aduersaries to flye from the principall question touching the Decrees or Act of the Lateran Councell it being sufficient at this time that the iudicious Reader by that which I haue before related out of the doctrine of Canus may haue some light how to iudge of this question For hee granteth that it is not hereticall to affirme that the Charch may erre in the canonizing of Saints for that her iudgement heerein dependeth vpon an vncertaine ground to wit vpon the relation information and iudgement of other men which is vncertaine and fallible and consequently according to his grounds she may erre in all such Decrees which depend vpon vncertaine and fallible grounds and foundations And the leardnest Diuines of his owne Societie as Salmeron Suarez and Vasquez who according to the Censure of this my rash and ignorant Aduersarie are very absurd and impertinent therein doe constantly hold that the fundamental reason of the Churches Decree concerning the celebration of the Feast of the B. Virgins Conception is not certaine and a point of faith but controuersed by learned Catholikes without any offence to wit that shee was sanctified in the first instant of her Conception and that to honour this her pure holy and immaculate Conception the said Feast was instituted 15 Secondly it is not certaine that the Church now hath the same infallibility in making Decrees concerning such manners and matters of fact as are not necessary to saluation which the Apostles had in making such Decrees for that the iudgement of the Apostles being extraordinarily illuminated and assisted by the holy Ghost did not onely depend vpon the relation information and iudgement of men but also vpon the speciall and extraordinary assistance of the holy Ghost and therefore from that Decree of the Apostles concerning the not eating of blood and strangled meates who were peculiarly and extraordinarily assisted and replenished with the holy Ghost and therefore might well say Visum est spiritui nobis Acts 2. It hath seemed good to the holy Ghost and vs no sufficient argument can bee brought to prooue that therefore it is a point of faith that the Church now cannot likewise erre in making such Decrees 16 Thirdly Mr. Fitzherbert must also distinguish betwixt the lawfulnesse of an Ecclesiasticall decree concerning manners and matters of fact and the certainty or infallibilitie thereof for that many Decrees may bee lawfull and consequently ought to bee obeyed vntill the vnlawfulnesse or iniustice thereof be manifest and yet not infallible as it is euident in the ciuill lawes of temporall Princes and Common-wealths whose lawes are lawfull and ought to be obeyed by their subiects so long as the vnlawfulnesse or iniustice of them is not apparant and yet they are not therefore infallible And so a Decree of the Church after due examination approouing the finall sanctitie of such or such a man deceased and vpon that ground commanding all the faithfull to celebrate his Feast is lawfull and ought to bee obeyed vntill it be manifest that she was deceiued and misinformed by false relation and yet it is not therefore infallible and a point of faith that he is truely a Saint and died in true sanctitie and holinesse of
life and soule 17 Wherefore my Aduersarie for his better instruction may obserue that Caiet tom 1. opusc tract 15. de Indulg c. 8. which Cardinall Caietane who neuerthelesse putteth all the infallibilitie of ihe Church in the Pope writeth of Indulgences and the canonization of Saints and hee may if it please him learne from thence some speciall documents for his present purpose It is alwayes saith hee presumed de iure by the law for the Iudge vnlesse there manifestly appeare an errour and hee that supposeth vpon a lawfull cause such an Indulgence to bee giuen doth affirme the trueth as hee without falsitie affirmeth such a one to bee a Saint supposing him to bee rightly canonized So that granting that such a man who is canonized should not bee a Saint but damned the doctrine or preaching of the Church would not bee lying or false for heere those things that doe not appertaine to faith are not vnderstood to bee affirmed but with a graine of salt that is supposing those things which are commonly presumed For the Church doeth presume the canonization to bee rightly done and likewise the Indulgence to bee rightly giuen but as humane errour may perchance happen in the canonization of some Saint as Saint Thomas affirmeth so humane errour may happen in the giuing of an Indulgence But if any man thinke that the Pope cannot erre in these particular actions as are dispensations as well of the temporall as of the spirituall goods of the Church let him also thinke that he is not a man 18 The like is also to be said saith Mr. Fitzherbert e P. 201. nu 6. of the Decree of the Lateran Councell concerning the deposition of Princes to wit that the holy Ghost assisted and guided them first to resolue what was lawfull and conuenient to bee decreed that is to say that Princes should be deposed by the Pope if they would not purge their Countreys of heresie and afterwards to ordaine and decree it for if it had not beene lawfull and conuenient that the Pope should depose Princes in that case the Councell could neuer haue lawfully decreed it neither could the Decree possibly be lawful if the Pope had not that power so as it is euident that the Decree being iust as proceeding from the assistance of the holy Ghost the determination not only of the iustice and conueniencie of it but also of the Popes power to performe it must needes be granted to proceede in like manner from the holy Ghost inspiring as well the ground and foundation of the Decree as the Decree it selfe 19 But that the like cannot bee said of the Decree or rather Act of the Lateran Councell I haue sufficiently shewed before both for that there is no mention made in that Councell of the deposition of Princes but onely of inferiour Magistrates Land-Lords or Lords and also because that Act was not made by Ecclesiasticall power but by the consent and authoritie of absolute Princes and moreouer for that it is not properly a Decree containing any precept of faith or manners but rather the end reason and cause of the former Decree 20 And therefore howsoeuer Widdrington may cauill saith Mr. Fitzherbert f Pag. 202. nu 7. about the certainetie of some reasons that haue beene or may bee alleadged in some Decrees of Councells hee cannot with any shew of reason or probabilitie deny or call in question those foundations and necessarie grounds of this Canon or say that they are lesse certaine then the Canon it selfe as hee seemeth most absurdly to affirme in this argument wherein I wish also to bee noted how ignorantly hee confoundeth the foundation of a Decree with the reasons which mooue the Councell to make it or are added thereto as though all the reasons which are brought and alleadged by a Councell or mooue them to determine any thing were the foundations of their Decrees whereas many reasons yea texts of Scriptures are probably alleadged in Councells for the explicotion onely or some confirmation of their Decrees and not as the foundations of them 21 But how grosly this man seeketh to delude his Reader in this whole Discourse of his I haue alreadie made most manifest and therefore the aspersions of absurditie ignorance and impertinencie wherewith he chargeth me doe agree to none so much as to himselfe For neither did I make in the aforesaid argument any such inference concerning either the Decree or the reason of the Decree of the Lateran Councell as hee very shamefully would perswade his Reader neither did I confound the foundation of a Decree with euery reason which mooueth the Pope or Councell to make it or are added thereunto but onely with fundamentall reasons and whereon that Decree doeth wholly depend in so much that the Pope or Councell would not haue made that Decree but vpon supposall that such a reason or doctrine is true as is the reason which mooueth Popes to canonize any Saint or to celebrate his Feast for that they suppose him to haue died in finall sanctitie which reason is the foundation of their Decree and yet is not infallible and of faith according to the doctrine of many learned Diuines as I shewed before And the like is also of the reason which mooued Pope Sixtus the fourth according to the doctrine of the learned Iesuites to celebrate the Feast of the Blessed Virgins Conception for that hee supposed her Conception to bee pure holy and immaculate which reason and ground is neuerthelesse vncertaine although it was the foundation of Pope Sixtus his Decree which according to Suarez was also confirmed in the Councell of Trent 22 Whereby it appeareth also saith Mr. Fitzherbert g p. 202. nu 8. how absurdly Widdrington comprehendeth the doctrine of the Popes power to depose Princes vnder the title of reasons moouing the Councell of Lateran to decree the deposition of them seeing that the reasons of Decrees are so extrinsecall thereto that they may faile and yet the Decree stand good and bee of force whereas the foresaid doctrine of the Popes power is so intrinsecall and as I may say essentiall to the Decree of the Lateran Councell that it is necessarily included and supposed in it in so much that the saide Decree cannot possibly stand or bee good if that doctrine bee not true as I haue signified before h nu 6. and therefore hee argueth as impertinently in this as in the rest 23 But first it is very vntrue that I comprehended the doctrine of the Popes power to depose Princes vnder the title of reasons moouing the Councell of Lateran to decree the deposition of them as this man not to vse his owne absurd and impertinent wordes very shamefully affirmeth Seeing that I neuer granted that either the Decree of the Lateran Councell or the reason thereof doeth concerne the deposition of Princes but onely of inferiour Lords and Magistrates by the consent authoritie of Soueraigne Princes neither did I in any of my
three Instances or in this Argument whereof now we treate make any mention at all of the Lateran Councell although indeede I haue now by the way and without any necessitie vrging mee thereunto signified as you haue seene aboue that those words of the Lateran Councell vt extuncipse c. that then the Pope may denounce his Vassalls absolued from their fealtie which my Aduersaries affirme to bee the Decree of the Lateran Councell ordaining the practise of the Popes power to depose Princes cannot according to their owne grounds bee a true proper and formall Decree containing any precept or obligation but rather the reason cause and end for which the former Decree was made as I haue more amply declared before 24 Secondly neither are all the reasons of Decrees so extrinsecall thereto that they may faile and yet the Decree stand good for some are so intrinsecall and as I may say so essentiall to the Decree that the Decree cannot possibly stand good if the doctrine bee not true or at least-wise presumed to bee true as I shewed before in the reason of the canonizing of Saints and of celebrating their Feast in honour of their Sanctitie and also of celebrating the Feast of the B. Virgins Conception in honour of the vnspotted puritie thereof and of these and such like reasons I chiefly meant when in the aforesaid argument I demanded whether the reasons that mooue Popes and Councells to define or decree something are not as it were certaine grounds and foundations of their definitions and decrees So that I may truely conclude with my Aduersaries owne wordes that hee argueth as ignorantly impertinently and absurdely in impugning this argument as in the former and in the same manner also hee still goeth on 25 But now will you heare saith hee i p. 203. nu 9. how well Widdrington concludeth this his last argument and condemneth himselfe of errour or heresie Thus then hee saith Quapropter c. Wherefore no man can doubt but that great difference is to bee made betwixt the voice Vbi supra nu 63 doctrine and consent of the Church firmely beleeuing or defining any thing as a matter of faith and the voice doctrine and consent of the Church onely probably thinking For no Catholike man doeth deny that hee who contemneth to heare the voice of the Church firmely beleeuing doeth fall into errour or heresie whereas Catholike Doctours whose authoritie the learnedst of my Aduersaries will easily admit doe plainely affirme that hee who being mooued with sufficient reason doeth not embrace the doctrine of the Church onely probably thinking doeth not expose himselfe to the danger of heresie errour or temeritie For Alphonsus Salmeron and Francis Suarez men truely very learned doe bring the practise and consent of the whole Church to confirme the immaculate Conception of the B. Virgin and yet that the contrarie opinion may bee defended without any danger of deadly sinne they both plainely acknowledge and cannot also deny without great offence we saith Salmeron do oppose the consent of almost the vniuersall Church the vniforme doctrine of all vniuersities Salmer tom 13. ad Rom. 5. disp 51. §. deinde Suarez tom 2. disp 3. sec 2. And the second ground saith Suarez is to bee taken from the authoritie of the Church And first the vniuersall consent almost of the whole Church and especially for these two hundred yeeres almost all Ecclesiasticall writers Bishops almost all Religions and Vniuersities haue subscribed Thus Widdrington 26 But first Mr. Fitzherbert is fouly deceiued in saying or conceiuing that this is a conclusion of this my last argument For it is a conclusion and as it were a briefe collection and explication of all the answeres I made in that Apologeticall Preface to all the arguments by which my Aduersaries laboured to conuince mee and my doctrine touching the Popes power to depose Princes of temeritie errour and heresie For seeing that all the arguments which they brought to prooue my doctrine to bee temerarious erroneous yea and hereticall were grounded chiefly vpon the generall voice doctrine and consent of the Church as they pretend I thought good for a conclusion of all my answeres to these their false imputations to admonish the Reader of the aforesaid difference betwixt the voice of the Church firmely beleeuing and onely probably thinking whereby hee might plainely perceiue that considering all my former discourse and answeres I had clearely freed my selfe from all iust imputation of heresie errour and temerity 27 But secondly let vs now see what exception Mr. Fitzherbert taketh against this my so manifest and certaine conclusion Wherein I wish saith he i Pag. 203. num 10. to be noted two things the one how confident Widdrington is that he hath prooued by his three instances or examples and this his last argument that the Church ordaining and decreeing in the Lateran Councell that Princes shall in some cases be deposed by the Pope did not firmely belieue but onely probably thinke that the Pope hath lawfull power and authority to doe it whereas you haue seene his instances and arguments to be so weake friuolous and impertinent that they haue serued to no other purpose but to discouer his folly and the weakenesse of his cause 28 But truely I cannot but greatly pitty this poore mans case albeit I am much ashamed to see and discouer his palpable fraud and ignorance For neither did I in those three instances or examples or in this last argument make any mention at all of the decree of the Lateran Councell neither did I intend to make any inference from them concerning that decree neither did I euer graunt that the Church in the Councell of Lateran did ordaine or decree that Princes might in some cases be deposed by the Pope but I alwaies affirmed that the aforesaid decree or rather Act did onely concerne the deposition of inferiour Magistrates or Lords by the consent and authority of absolute Princes that therfore that Act or decree was not made by meere Ecclesiasticall authority and consequently could not be a matter of faith but of fact onely as are all the decrees of temporall Princes concerning meere matters of fact For although it be a matter of faith that temporall Princes haue authority to make temporall Lawes yet it is not a matter of faith that in making such lawes they cannot erre and therefore their lawes are not matters of faith but of fact onely but the Church in making lawes to all the faithfull concerning such matters of fact or manners which are necessary to saluation cannot erre by commanding anything which is contrary to the Gospell or the law of Nature and therefore such lawes are not onely matters of fact but also of faith 29. That wherein I was confident is this that seeing my Aduersaries haue not hitherto brought nor will euer in my iudgement be able to bring any one sufficient argument to prooue that the doctrine of the Popes power to depose
ouer the whole Church or a Generall Councell but also with the Diuines of Fraunce who are not so vehement for either of them and with the learned Priests and Catholikes of England whom it did most concerne and I am fully perswaded or rather morally certaine that both the Cardinall Peron and many other learned Catholikes both of France and England would at that time plainely haue told his Holinesse and giuen him sufficient reasons for their saying that neither the doctrine for his power to depose Princes which is expressely denyed in the oath is certaine and of faith or the contrary improbable nor that his power to excommunicate or any other spirituall authority of his which is certaine and of faith is denied in the oath 35 And this also of my owne knowledge is very true as I haue signified heeretofore r In the Epistle dedicatory nu 6. to his Holinesse that a certaine Priest not of meaner sort did presently vpon the resolution of Mr. Blackewell then Arch-Priest and of diuers other learned Priests and Catholikes that the Oath might lawfully be taken with all the speed he might write to Mr. Nicolas Fitzherbert being then at Rome and sincerely related vnto him how all things heere had past concerning the conference and resolution of learned Priests end Catholikes about the Oath earnestly requesting him that either by himselfe or by meanes of a certaine Cardinal whom he nam'd to him he would deale effectually with his Holinesse not to bee perswaded to send hither any Breue against the taking of the Oath things standing as they did for that otherwise his authority as well temporall to depose Princes as spirituall to define without a generall Councell would be more strongly called in question by English Catholikes then it hath beene in former times Now if his Holinesse had deferred for a time the sending hither of his first Breue and in the meane space had demaunded the opinion of English Catholikes whom most of all it concerned in this difficult controuersie about the lawfulnesse of the Oath he might doubtlesse haue beene more sufficiently informed of the whole matter then he was or could be informed by his owne Diuines of Rome whom besides that they had not taken such paines in canuassing this question touching the certaintie of the Popes authoritie to depose Princes as many of our English Catholikes had he might haue some cause to suspect that they would speake partially in fauour of his authority either for hope of promotion as being men feruent to aduance all his pretended authoritie or for feare of incurring his displeasure and to bee accounted Aduersaries to the Sea Apostolicall as the euent alas hath prooued to bee ouer true 37 Or secondly the sense and meaning of those wordes may bee that his Holinesse by that long graue and mature deliberation and consultation was sufficiently that is truely and certainely informed of the whole matter and of the true sense and meaning of all the clauses of the Oath and this I say is very vntrue as likewise it is very vntrue that Cardinall Bellarmine notwithstanding all his graue mature and long deliberation and consultation had concerning this controuersie for betwixt this consultation of his Holinesse at which Cardinall Bellarmine was one of the chiefest and the publishing of his second booke against his Maiestie there passed almost foure whole yeeres and the consultation of his Holinesse could continue but few moneths seeing that the Oath was published heere about Iune and his Holinesse first Breue was dated the first of October next following hee was greatly mistaken and deceiued both in the vnderstanding of those wordes of the Oath notwithstanding any sentence of Excommunication c. and of diuers other clauses thereof as I haue sufficiently conuinced in my Theologicall Disputation and Mr. Fitzherbert by his silence and not replying to this point being vrged by me thereunto doeth in effect acknowledge as much and also in his opinion touching the certaintie and infallibilitie of the doctrine for the Popes power to depose temporall Princes which without any sufficient ground euen according to his owne principles hee will needes haue to bee a point of faith 38 And heereby you may see how falsly and slaunderously and with small respect to his Holinesse whom Mr. Fitzherbert would seeme so much to reuerence hee concludeth in these words Å¿ P. 214. nu 5. Disp Theol. c. 10. s 2. nu 46. Therefore he that thinketh otherwise of his Holinesse as Widdrington doth affirming that his Breues were grounded vpon light foundations and false informations must needes hold him to be the most carelesse and negligent Pastour that euer gouerned the Church of God whereby any man may iudge what account Widdrington maketh of his Holinesse and his authoritie notwithstanding his submission of his writings to the Catholike Roman Church 39 But first it is very vntrue that from my wordes any such inference can bee gathered as Mr. Fitzherbert heere maketh I gaue indeede as you haue seene two answeres to his Holinesse Breues which are briefly comprised in those few words light foundations and false informations My first and principall answere which this fraudulent man altogeth concealeth was this that if his Holinesse Breue forbidding Catholikes to take the Oath for that it containeth many things flat contrarie to faith and saluation was grounded vpon the Popes power to depose Princes to dispose of temporalls to inflict temporall punishments and to absolue subiects from their temporall allegiance as all my Aduersaries grant it was chiefly grounded thereon then I say it was not grounded vpon any certaine doctrine infallible and of faith but vpon vncertaine and fallible grounds and which were alwayes impugned by learned Catholikes which vncertaine and fallible grounds I called light for that they are not sufficient and weightie enough let them be neuer so probable to build thereon any certaine and infallible doctrine of faith and which euery Catholike vnlesse hee will deny his faith is bound to follow My second answere which this man doth also in great part conceale for that I did particularly set downe wherein his Holinesse was misinformed which he wholly dissembleth was that if his Holinesse Breue was grounded as by all likelihood it was vpon this foundation that his power to excommunicate his power to bind and loose in generall and consequently his spirituall Supremacie which according to the common doctrine of Catholikes is indeede cleerely repugnant to faith is denyed and impugned in the Oath then I say that his Breues were grounded vpon false informations for that there is no such thing denyed in the Oath as I haue euidently conuinced howsoeuer Cardinall Bellarmine hath laboured to prooue the contrarie And neither of these answeres can bee sufficiently confuted by any of my Aduersaries neither are they repugnant to the submission of my writings to the Catholike Roman Church 40 So as you see that I made not that irreuerent inference which Mr. Fitzherbert heere concludeth I
therof which words Mr. Fitzherbert fraudulently concealeth he said that about some foure or fiue months agoe it was consulted at Rome by seuen or eight of the learnedst Diuines that could be chosen who gaue their iudgement of it There reasons ar many but all deduced to this that the Popes authoritie in chastising Princes vpon a iust cause is de fide and consequently cannot bee denyed when it is called into controuersie without denying of our faith nor that the Pope or any other authoritie can dispence in this 44 Now what a false and fraudulent man is this to make his Reader belieue that I should say that his Holinesse was deceiued onely by Cardinall Bellarmine and Fa. Parsons and in a matter of so great importance as was this of the Oath c. would suffer himselfe to bee led or guided any two or three or a few persons c. for which cause hee concealed my words which did expresly signifie the flat contrary thinking belike that my Disputation of the Oath being forbidden by the Cardinals of the Inquisition no man would aduenture to skan the matter and examine whether he had dealt sincerely or no but must beleeue all to bee true that hee said and so all his forgeries should goe for currant ware But truely such corrupt dealings is shamefull in a Heathen writer or any other morall honest man much more in Mr. T-F. then Priest Esquire and now an eminent man of the Society of Iesus But now Mr. T. F. laboureth much to free not Cardinall Bellarmine but his olde freind Fa. Parsons from this Calumnie as he tearmeth it and to shew that his Holinesse was not misinformed by Fa. Parsons and induced by him to send hither his Breues to forbid Catholikes to take the Oath 45 Whereto I also adde saith hee a Page 215. num 7. 8. 9. Disp Theol. ca. 10. sec 2. num 52. 53. seq that Widdrington contradicteth and ouerthroweeh his owne calumnie touching Fa. Parsons with a relation which hee maketh to iustifie it in his Theologicall disputation wherein hee layeth downe the contents of a letter written by Fa. Parsons to a freind of his in England signifying that a consultation had beene made by seauen or eight of the best Diuines in Rome about the Oath and that hee himselfe had conferred twice with his Holinesse touching the same and that in the first conference hee and Thomas Fitzherbert propounded to his Holinesse a certaine meane of mitigation or moderation suggested by friends to the which his Holinesse answered that his meaning was not to proceed to Censures against his Maiestie but rather to vse all gentle and milde proceeding with him but as for the authority of the Sea Apostolike in such affaires hee was fully resolued rather to suffer death then to yeeld one iot therein And in the other conference his Holinesse being aduertised that certaine Priests did incline to the taking of the Oath answered that hee could not take such for Catholikes 46 Thus doth Widdrington related Fa. Parsons letters touching his conference with his Holinesse before the first Breue was sent into England whereby it is manifest that Fa. Parsons was so farre from perswading or drawing his Holinesse to the resolution which he tooke concerning the publication of his Breue that hee sought to induce him to some other course propounding meanes of mitigation which indeede I can testifie to be true vpon my owne knowledge as it may appeare by my subscription to that letter of Fa. Parsons which Widdrington mentioneth if the originall bee yet extant 47 And therefore to the end that thou maiest good Reader know somewhat more of this matter and vpon what occasion his Holinesse spake of Censures against his Maiesty thou shalt vnderstand that among other things tending to the mitigation which Fa. Parsons propounded one was that it might please his Holinesse to offer to his Maiestie that if his Maiestie would vse at least some conniuencie and moderation towards the poore afflicted Catholikes his subiects his Holinesse would giue sufficient assurance by meanes of Catholike Princes that hee would neuer proceede with Censures against him but binde his said subiects vnder the paine of grieuous Censure to yeeld vnto his Maiestie all temporall and ciuill obedience for the security of his state and person which motion his Holines seemed not to mislike and therefore signified that the same was conforme to his intention which was not to proceed to the rigour of Censures against his Maiestie but to vse all indulgent and courteous dealing towards him albeit he was resolued rather to lose his head then to yeeld any iot of his authority in such affaires 48 But whether his Holinesse misunderstood some clauses of the Oath and was induced to forbid the said Oath as containing in it many things flat contrary to faith and saluation onely by the information and instigation of Cardinall Bellarmine and of other Diuines of Rome or also by the sollicitation of Fa. Parsons it is not much materiall to the substance of my second answere which was as you haue seene that it is probable and in my iudgement morally certaine that his Holinesse vnderstood the words of the Oath in that sense wherein the Diuines of Rome and especially Cardinall Bellarmine for the reason I there alleadged did conceiue them But Cardinall Bellarmine vnderstood the Oath in that sense as though it denied the Popes primacie in spiritualls his power to excommunicate to binde and lose and to dispence in oaths wherein hee was fowly mistaken as I conuinced in the said Disputation And doubtlesse both Fa. Parsons and the Diuines of Rome did agree with Cardinall Bellarmine in the vnderstanding of the aforesaid clauses of the Oath as also Mr. Fitzherbert himselfe did in his Supplement as I shewed before b Chap. 1. follow their opinion and conceiue that the Popes power to excommunicate is denied in the Oath although now by his silence and not answering to that point which I vrged against him it seemeth that hee seeth himselfe to be deceiued therein Neither can there be made any doubt in the iudgement of any prudent man that if the Diuines of Rome had dissented from Cardinall Bellarmines opinion in that point hee durst neuer haue aduentured to affirme so confidently in his first booke against his Maiesties Apologie for the oath that the Popes power to excommunicate hereticall Kings is plainely denied in the Oath and especially after his Maiestie had clearely conuinced him of falsity in this point againe in his second booke against his Maiestie so boldly to confirme the same 49 Moreouer that his Holinesse was misinformed by Cardinall Bellarmine with whom the other Diuines of Rome did herein agree I brought an another sufficient reason taken from the first part of Fa. Parsons letter which Mr. Fitzherbert doth fraudulently conceale and relateth onely the last part thereof whereon I did not so much relie as vpon the former to prooue that his Holinesse was misinformed by Cardinall
Bellarmine and the other Diuines of Rome for of Fa. Parsons misinforming his Holinesse I made no mention at all in that answere but onely of his vrging his Holinesse to send hither his Breues against the oath My words were these c Num. 52. Moreouer that his Holinesse was perswaded that in this oath is denied his spirituall authority to inflict Censures is plainely gathered by a letter of Fa. Parsons who did greatly vrge and sollicite his Holinesse to send hither his Breues as both some Iesuites here with vs doe freely confesse and also no man who knoweth how our English affaires were carried at Rome in his daies can make any doubt thereof This therefore is the true copie of that letter c. About some foure o fiue moneths agoe it was consulted by seauen or eight of the learnedst Diuines that could bee chosen who gaue their iudgement of it Their reasons are many but all reduced to this that the Popes authority in chastising Princes vpon a iust cause is de fide and consequently cannot bee denied when it is called into controuersie without denying of our faith nor that the Pope or any other authoritie can dispense in this c. 50 Now Mr. Fitzherbert doth fraudulently conceale this part of the letter whereby it is manifest that the Diuines of Rome did suppose that the Popes authority to punish Princes and consequently to excommunicate and to inflict spirituall Censures is denied in the oath for otherwise as I shewed in that place d Num. 57. they had argued very vitiously against the knowne rules of Logicke from a particular to inferre an vniuersall as thus The Pope cannot chastice Princes by taking away their liues or dominions therefore the Pope cannot chastise Princes as though the inflicting of spirituall Censures and the denouncing of anathema Aug. lib. 1. contra aduers leg prophet cap. 7. which according to Saint Augustine is more horrible then any corporall death were not to be accounted a chasticing of Princes We grant therefore that the Pope may chastice Princes by vsing Ecclesiasticall Censures which is not denied in the oath but we vtterly deny that to depriue Princes of their dominions or liues are to be ranked among spirituall or Ecclesiasticall Censures Thus I argued in that place from the first part of Fa. Parsons letter all which my fraudulent Aduersary thought best for his purpose to conceale and to skip ouer to the other part of the letter thinking from thence to take some colourable argument to prooue both that Fa. Parsons did not perswade and draw his Holinesse to the publication of his Breue also that the inference I made frō thence to wit that his Holinesse was perswaded that his authority to inflict Censures is denied in the oath is sorsooth improbable and impertinent wherein as you shall see he continueth still his ancient fraude and falsitie 51 For first I did not intend to prooue by Fa. Parsons letter or by his conference with his Holinesse that he vrged and perswaded his Holinesse to forbid the taking of the oath two other reasons I brought here to confirme the same wich Mr. Fitzherbert after his vsuall manner concealeth the one that some Iesuites heere in England did freely confesse the same the other that no man who konweth how our English affaires were carried at Rome in Fa. Parsons time can make any doubt thereof To which may be added two other the first that Mr. Nicholas Fitzherbert whose letter is yet to be seene did send word to a friend of his that Fa. Parsons laboured much to haue the oath forbidden the second that the Prouinciall of the Iesuites at that time who is yet liuing did boast to diuers persons that he would cause to be reuersed what Mr. Blackewell then Arch-Priest had concluded concerning the lawfulnesse of the oath and would procure a Breue from his Holinesse to forbid all Catholikes to take the oath and which with very great expedition as I signified in my Epistle Dedicatory to his Holinesse was accordingly performed all which are to any man of iudgement very probable coniectures if not morall certainties that Fa. Parsons did vrge and sollicite his Holinesse to send hither his Breues against the taking of the oath But howsoeuer it be it is not much materiall to my second answere or reason which is that his Holinesse was misinformed by Cardinall Bellarmine and other Diuines of Rome that his power to excommunicate and to inflict Censures and consequently his spirituall supremacy is plainly denied in the oath whether Fa. Parsons did vrge and incite his Holinesse to forbid the oath or no. 52 Besides for the confirmation of my second answere those words of the Breue for that it containeth many things which are manifestly repugnant to faith and saluation and also his Holinesse answere to Fa. Parsons that he could not hold them for Catholikes who seemed to incline to the taking of the oath are very considerable for that before these our miserable times wherein so many new fangled Doctours are ready to coyne new articles of faith and to taxe with such facilitie their Catholike brethren of errour and heresie that will not foorth with approoue their nouelties it was neuer in the Church of God accounted an heresie to deny the Popes authoirty to depose Princes or to inflict temporall punishments neither hath any Catholike Author who writeth of heresies or Cardinall Bellarmine himselfe relating the errours of Marsilius of Padua ranked him among heretickes for denying the Popes power to depose Princes And very many Catholike Doctours with Iacobus Almaine who haue not therefore beene branded by any man with any note of heresie or errour doe resolutely affirme that the authoritie of the Church doth not extend by the institution of Christ to the inflicting of temporall punishments as death exile imprisonment priuation of goods much lesse of kingdomes but onely of spirituall Censures And Fa. Suarez himselfe dare not auouch Suarez l. 6. c. 1. that the Popes spirituall authority is plainly and manifestly but onely couertly denied in the oath and this also he gathereth from many farre fetcht consequences all which I haue cleerely answered in my Appendix against him And therefore from the aforesaid words of his Holinesse that he could not take those Priests for Catholikes that inclined to the taking of the oath it may very probably be included that he was fully perswaded that not onely his authority to depose Princes but also his power to excommmicate and to binde and loose in generall as Cardinall Bellarmine and the other Diuines of Rome then conceiued is plainly denied in the Oath 53 Secondly whereas Mr. Fitzherbert affirmeth that hee can testifie vpon his owne knowledge that Fa. Parsons was so farre from perswading or drawing his Holinesse to the resolution which hee tooke concerning the publication of his Breue that he sought to induce him to some other course propounding meanes of mitigation c. I will not now contend about the
prooue that in the Oath are contained many things flat contrary to faith and saluation were very grossely mistaken And if his Holinesse trusting to the learning and honestie of these men was moued to condemne the Oath for that cause by the instigation of them as by all probable coniectures or rather by morall certainties he was as I conuinced before it is alas too too manifest that he was deluded to the great ignominie of the Sea Apostolike the grieuous scandall of Protestants and to the vtter temporall ruine of very many Catholikes 58 Now you shall see how childishly Mr. Fitzherbert cauilleth at that word if as though now at last I made a doubt and durst not absolutely auerre that his Holinesse was moued by the instigation of Cardinall Bellarmine and the other Diuines of Rome to condemne the Oath for the aforesaid causes Wherein I wish to be noted saith he f Pag. 217. nu 11. first vpon what a weake ground Widdrington reiecteth the Popes Breues seeing that he relyeth onely vpon his bare opinion that the Pope was ill informed and deluded by others which he laboureth seriously g Ibid. nu 51. 52. 57. to peswade his Reader to bee very probable although it is so coniecturall and vncertaine that he is faine to conclude all as you heard h Nu. 58. with an if or a peraduenture so as if the Pope was not mooued vnto it by the instigation of those whom he nameth he concludeth or prooueth nothing but his owne impudencie and temeritie in opposing his idle conceipt and fantasie against the Popes serious and solemne testimony protesting in his second Breue as you haue heard that he forbadde the Oath vpon his owne certaine knowledge motion and will after long and graue deliberation and therefore I remit to the prudence and good conscience of any sincere Catholike whether he will beleeue in this case this mans vaine coniecture or the solemne protestation of his Holinesse 59 But in very deed I am ashamed that Mr. Fitzherbert should still so shamefully be wray his egregious fraude and ignorance For it is euident that I made no doubt but expressely and without a peraduenture affirmed that it is very probable yea and morally certaine in my iudgement that his Holinesse vnderstood the words of the Oath in that sense wherin the Diuines of Rome and especially Cardinall Bellarmine c. did conceiue them and that Cardinall Bellarmine who wrote in defence of his Breues did conceiue them in this sense that the Popes Primacie in spiritualls his power to excommunicate to binde and loose and to dispence in Oathes are denied in the Oath And therefore euery Schoole-boy may perceiue that those words And if his Holinesse c. which are a conclusion of the former words and therefore must haue relation thereunto are not to be vnderstood in this sense as my Aduersarie doth childishly glosse them to wit And if his Holinesse was mooued c. as peraduenture he was but as it is very probable yea and morally certaine he was as I said before For what man can with any reason imagine that Cardinall Bellarmine in the vnderstanding of the Oath did dissent from the opinion of the Diuines of Rome who consulted thereon or that his Holinesse did dissent therein from the opinion of them both And therefore this is no idle conceipt or fantasie of mine to conceiue so of his Holinesse but a manifest truth and morall certaintie and to conceiue otherwise of his Holinesse to wit that he followed not herein the aduise of his learned Diuines and vnderstood not the words of the Oath in that sense as they after their long consultation did vnderstand them were rather to taxe his Holinesse of imprudence and temeritie 60 And if the conceipt of mine be so idle and coniecturall and vncertaine as this fraudulent man would seeme to make it why doth not he in plaine words denie the same and say that his Holinesse did not vnderstand the words of the Oath in that sense wherin Card. Bellarmine and the other Diuines of Rome did conceiue them but childishly would make his Reader beleeue that I my selfe grant it to be very coniecturall and vncertaine by concluding my second answere with an if wheras it is euident that I said plainely it was morally certaine and therefore that if to be referred thereunto and to haue this sense if it be true or morally certaine as true it is that his Holinesse was mooued c. Or why did he not answere the arguments which I brought to prooue that it was morally certaine but passeth them ouer as you haue seene with fraude and silence And when you Mr. Fitzherbert in your Supplement vnderstood the Oath to denie the Popes power to excommunicate and depriue Princes and in respect of those two points tooke vpon you to proue the Oath to be against all lawes humane and diuine although now your silence touching excommunication sheweth your former courage to be quailed can any man imagine but that you being then at Rome vnderstood those words of the Oath notwithstanding any sentence of excommunication c. in that sence wherein Cardinall Bellarmine and the other Diuines of Rome who consulted thereon did conceiue them 61 All which being considered you may take the impudency and temeritie which you would lay vpon me to your selfe and freely confesse that it is an idle impudent and temerarious conceipt and fantasie for any man to beleeue that his Holinesse did not vnderstand the words of the oath in that sense wherein Cardinall Bellarmine and his other learned Diuines did conceiue them and thereupon was mooued to forbid the â—â—th Neither is this against the Popes serious and solemne testimony protesting in his second Breue that hee forbade the oath vpon his owne certaine knowledge motion and will after long and graue deliberation for these words as I shewed before doe not signifie that he forbade the oath without the aduice and counsell of his learned Diuines for the words after long and graue deliberation doe rather signifie the plaine contrary but by them it is onely signified that his Breue was not surreptitious and counterfait and made without his priuitie or knowledge And therefore M. Fitzherbert vrging those words of his Holinesse which doe onely signifie that his Breue was not false and counterfait and made without his knowledge to prooue that he did not vnderstand the words of the oath in that sense as Cardinall Bellarmine and the other Diuines of Rome did conceiue them and thereupon was mooued to send hither his Breues for the forbidding of the oath sheweth himselfe to be both childish and malicious and to want both prudence and conscience in taxing me of impudency and temerity for affirming that which no man of iudgement and without great irreuerence to his Holinesse can deny 62 Now therefore M. Fitzherbert will for Disputation sake admit that the Pope was deluded and falsely perswaded by others that his spirituall power to inflict
Censures is impugned by the oath and will shew withall that I gaine nothing thereby for the iustification of the Oath and for the disproofe of his Holinesse Breues Secondly saith hee i Pag. 218. na 12. although wee should admit that the Pope was deluded and falsly perswaded by others that his spirituall power to inflict Censures is impugned by the Oath yet Widdrington gaineth nothing thereby for the iustification of the Oath and the disproofe of his Holinesse Breues and this I say for two reasons the one because it doth not follow vpon the answere of his Holinesse to Fa. Parsons that he forbade the Oath for that cause as any man may easily see who list to examine it the other reason is for that the Oath is forbidden in the Breue expresly because it contained many things contrarie to faith and the saluation of soules whereby it is euident that albeit his Holinesse had beene falsly perswaded that his spirituall authoritie was impugned by the Oath yet the prohibition of the said Oath in his Breue might bee iust as being grounded vpon other respects seeing that the Breue declareth it to bee vnlawfull for many causes and doeth not mention this for any of them 63 Yes Mr. Fitzherbert I gaine much thereby for the iustification of the Oath and the disproofe of his Holinesse Breues for seeing that as you your selfe confesse the Oath is vnlawfull and condemned by the Breues as containing in it many things flat contrarie to faith and saluation in respect of two principall points to wit the exemption of temtemporall Princes from the Popes power to excommunicate and depose them if you admit as needes you must and doe that his Holinesse was deluded and falsly perswaded by others that his power to excommunicate and to inflict Censures is denied in the Oath you can giue no sufficient reason why his Holinesse might not also be misinformed by them of the later and be falsly perswaded by them that his power to depose Princes to dispose of their Kingdomes and to absolue their subiects from their temporall allegiance which is indeede expresly denied in the Oath is a point of faith and the contrary doctrine hereticall yea it is as morally certaine that his Holinesse was misinformed by them of this second point of all the clauses of the Oath which are pretended to be flat contrary to faith and saluation as he was misinformed by them of the former point and so you may see the weakenesse of your second reason 64 And as for your first reason I cannot see what coherence at all it hath with that whereof you alledge it to bee a reason For what connexion or coherence I pray you is there betwixt this your assertion that though you should admit that the Pope was deluded and falsely perswaded by others that his spirituall power to inflict Censures is denyed by the Oath yet Widdrington should gaine nothing thereby for the iustification of the Oath and the disproofe of his Holinesse Breues and this assertion which you alledge as a reason of the former that it doth not follow vpon the answeres of his Holinesse to Fa. Parsons that he forbade the Oath for that cause For who would not thinke that man not well to know what he spake that should argue thus It doth not follow vpon the answere of his Holinesse to Fa. Parsons that he forbade the Oath for that hee was deluded and falsly perswaded by others that his spirituall power to inflict Censures is impugned by the Oath therefore though we should admit that the Pope was deluded and falsly perswaded by others that his spirituall power to inflict Censures is impugned by the Oath yet my Aduersary gaineth nothing thereby for the iustification of the Oath and the disproofe of his Holinesse Breues For besides that I did not say in that place that from the answere of his Holinesse to Fa. Parsons it followeth that hee forbade the Oath for that cause but I said indeed that from the first part of Fa. Parsons letter touching the consultation of the Diuines of Rome about the Oath and the doctrine of Cardinall Bellarmine from whom the Diuines of Rome did not dissent who teacheth that the Popes power to excommunicate euen heretical kings is plainly denied in the oath it followeth that his Holinesse forbade the Oath for that cause Neuerthelesse it is euident that albeit we abstract wholly from Fa. Parsons letter if my Aduersary once admit as he doth that his Holinesse was deluded and misinformed by others concerning this so manifest a point he can giue no reason why he might not also bee deluded and misinformed by others concerning the other points which are pretended to be in the Oath flat contrary to faith and saluation and so by this my Aduersaries grant I gaine much for the iustification of the Oath and the disproofe of his Holinesse Breues to wit that they were grounded vpon false informations either that his spirituall power to inflict Censures is denied in the Oath which is very vntrue or that his power to depose Princes is a point of faith and the contrary hereticall which also is manifestly false as I haue sufficiently conuinced in this Treatise 65 And hereby that which Mr. Fitzherbert immediately addeth is easily answered Besides that saith he k p. 218. nu 13 the answere of his Holinesse to Fa. Parsons concerning the authority of the Sea Apostolike in such affaires for so were the word of Fa. Parsons letter did not exclude the deposition of Princes from his spirituall authority but necessarily include it because his said answere was to be vnderstood secundum subiectam materiam that is to say according to the meaning and drift of the Oath which was the speciall subiect of that Conference and therefore forasmuch as the Popes power to depose Princes and to discharge subiects of their allegiance is directly denyed by the Oath and that the same is neuer effected or performed but by vertue of some Censure of Excommunication it is manifest that his Holinesse answering a demaund concerning the Oath and speaking of the authoritie of the Sea Apostolike in such affaires included therein his power aswell to depose as to excommunicate Princes especially knowing well as he did that the Oath denying his power to depose Princes doth by a necessary consequent deny his spiritual authority which includeth that power as I haue sufficiently declared and prooued in this Treatise l Chap. 2. per totum Item chap. 5. 6. 66 You haue heard before that the words which his Holinesse vsed to Fa. Parsons were that as for any actuall vsing Censures against his Maiestie he meat not but as for the authority of the Sea Apostolike in such affaires which last words in such affaires are now added by Mr. Fitzherbert he was resolued and would rather lose his head then lose one iote Now my Aduersary laboureth to shew that by those words but as for the authority of the Sea Apostolike in such
affaires his Holinesse meant to include not onely the authority to vse Censures which onely were mentioned in the words next going before and to which onely any man according to the property of the words would restraine them but also to despose them which is not much materiall to the present purpose for be it so that his Holinesse speaking of the authority of the Sea Apostolike in such affaires included his power as well to depose as to excommunicate Princes it is nothing to the matter for that which I intend is that his Holinesse was by Cardinall Bellarmine and the other Diuines who consulted of the Oath not onely misinformed that his power to excommunicate and to inflict Censures is plainly denied in the Oath but also that his power to depose Princes is a point of faith and necessarily included in his spirituall authority which is verie vntrue as in this Treatise I haue sufficiently declared and prooued 67 But that also which M. Fitzherbert addeth for a confirmation of his saying to wit that the Popes power to depose Princes and to discharge subiects from their allegiance is neuer effected or performed but by vertue of some censure of Excommunication is both false and also repugnant to the grounds of Cardinall Bellarmine For Childericke King of France which example Cardinall Bellarmine bringeth for a proofe that the Pope hath power to depose Princes was deposed and his subiects discharged of their allegiance and not by vertue of any Censure of Excommunication And it is one thing saith Becanus Becanus incōtrou Anglic. c. 3. p. 2. pag. 108. to excommunicate a King and another to depose or depriue him of his kingdome neither is the one necessarily connexed with the other Many Kings and Emperours haue beene excommunicated and not therefore deposed and contrariwise many deposed and not therefore excommunicated And yet my ignorant Aduersary to patch vp this silly answere of his doth now agreeable to his learning boldly affirme that the Popes power to depose Princes and to discharge subiects of their allegiance is neuer effected or performed but by vertue of some Censure of Excommunication whereas I haue sufficiently prooued aboue m Chap. 1. nu 21. seq chap. 5. sec 2. 131. seq out of the doctrine of Suarez Becanus and from the definition of excommunication that deposition is not an effect of Excommunication that therefore although they are sometimes ioyned together and that some Princes haue beene both excommunicated and deposed by the Pope yet they were not deposed by vertue of the Censure of Excommunication for that as his Maiestie did wel obserue n In his Premonition p. 9. Excommunication being only a spirituall Censure hath not vertue to worke this temporall effect 68 Now you shall see how vncharitably and also vnlearnedly this ignorant man concludeth this point Whereupon it followeth saith hee o p. 219. nu 14 that albeit his Holinesse had beene perswaded by Cardinall Bellarmine Fa. Parsons and others as doubtlesse he was although this man would seeme to deny the same that the Oath denying the Popes power to depose Princes impugned his spirituall authority he had not beene deluded or deceiued therein nor had erred in the reason why hee forbade the Oath though he had forbidden it for that cause onely as it is euident by the Breue he did not but for many respects And therefore thou seest good Reader what probable exceptions this silly sicke and scabbed sheepe taketh to the iudgement and sentence of his supreame Pastour and what account hee maketh of his Apostolicall authoritie and consequently what a good Catholike hee is 69 But if Mr. Fitzherbert meane that the Oath denying the Popes power to depose Princes and to discharge subiects of their allegiance impugneth his spirituall authoritie to excommunicate Princes and to inflict spirituall Censures as needes hee must if hee will speake to the purpose for that all his former discourse hath beene to impugne my second answere to his Holinesse Breues which was that hee was misinformed by Cardinall Bellarmine and the other Diuines of Rome that his power to excommunicate Princes and to inflict spirituall Censures is denyed in the Oath then I say that his Holinesse was fowly deluded and deceiued in that reason why hee forbade the Oath as containing in it many things flat contrarie to faith and saluation although hee did not forbid it for that cause only But if his meaning bee that the Oath denying the Popes power to depose Princes for to these two generall heads and to all that which doth necessarily follow thereon both this man and all my other Aduersaries doe chiefly reduce all their exceptions against the Oath and if for any other respects his Holinesse forbade the Oath let my Aduersarie name them and hee shall heare what wee will say thereunto impugneth his spirituall authoritie for that it is a point of faith that the Pope hath power to depose absolute Princes to dispose of their temporalls to inflict temporall punishments and to discharge subiects of their temporall allegiance and which consequently are included in his spirituall power then I also say that his Holinesse was deluded dedeceiued and erred also in this reason why hee forbade the Oath as containing in it many things flat contrarie to faith and saluation for that it is no point of faith that the Pope hath power to depose Princes to inflict temporall punishments c. but the contrarie hath euer beene maintained by learned Catholikes 70 Neither was Almaine a famous Doctour of Paris and those very many Doctours related by him or any other of those learned Authours whom partly I cited in my Apologie p nu 4. seq and partly aboue in this Treatise q Part. 1. euer accounted bad Catholikes or silly sicke and scabbed sheepe Neither can Card. Bellarmine euen according to his owne grounds as I haue shewed before and in his owne conscience whereunto I dare appeale heerein affirme that the Decree or rather Act of the Lateran Councell whereon all my Aduersaries doe now at last chiefly rely to proue their doctrine of deposing to be of faith although it should haue mentioned as it doeth not mention absolute Princes is sufficient to make it certaine and of faith And therefore this ignorant and vnconscionable man calling mee a silly sicke and scabbed sheepe and no good Catholike for not beleeuing this doctrine to bee certaine and of faith which so many learned Catholike Doctours haue euer maintained to bee false and for not admitting his Holinesse declaratiue precept which is grounded thereon and consequently hath no greater force to binde according to Suarez doctrine then hath the reason whereon it is grounded sheweth himselfe to haue neither learning nor charitie but a vehement desire to disgrace mee with Catholikes and to take away my good name per fas nefas whether it bee by right or wrong as all the rest of his vncharitable and fraudulent discourse doeth
plainely conuince 71 To this purpose saith hee r Pag. 219. nu 15. 16. it is to bee noted how peremptorily and arrogantly hee writeth to his Holinesse saying that if hee condemne his bookes or writings as hereticall or erroneous vpon the false informations of his Aduersaries hee leaueth it to the iudgement of his Holinesse and all the Christian world how great an iniurie hee shall doe him and what a great occasion hee shall giue thereby to the Aduersaries to Catholike veritie So Widdrington Wherein you see hee doth not promise his Holinesse to retract or reforme his writings and doctrine in case that hee doe condemne them but anticipateth the iudgement of his Holinesse with a protestation of wrong and of occasion of great scandall insinuating also further that the whole Christian world will iustifie him therein in which respect hee confidently leaueth his cause to the iudgement thereof meaning by the Christian world as may well bee coniectured some generall Councell whereto he meaneth to appeale Disp Theol. cap. 3. nu 8. cap. 10. nu 23. and therfore he teacheth afterwards that it is a probable opinion that the Pope may erre in any definition of his if it bee not approoued by a generall Councell so as he sheweth euidently what starting hole he hath found alreadie to escape away from the Censures of the Sea Apostolike to wit by appealing from the Pope to a generall Councell as that miserable man his fellow Sheldon did all Apostataes and heretikes are wont to doe at their first breach and disunion from the Church 72 Heere Mr. Fitzherbert to confirme his rash and vncharitable iudgement of mee that I am no good Catholike but an heretike disguised and masked vnder the vizard of a Catholike taxeth mee of diuers things wherein also hee plainely discouereth his great want both of learning and charitie For first no man of iudgement can deny but that the aforesaide conditionall words which I vsed to his Holinesse are very true to wit that if hee should condemne my bookes as hereticall or erroneous which doe sincerely handle this dangerous difficult and great controuersie Azorius tom 2 l. 12. cap. 5. q. 8. which euer hath beene saith Fa. Azor betwixt the Bishops of Rome on the one side and Emperours and Kings on the other touching the Popes power to depriue them of their kingdomes vpon the false informations of my Aduersaries he should both greatly wrong me also giue occasio of great scandal to the Aduersaries of the Catholike faith Now seeing that as I there signified I haue clearely conuinced that my Aduersaries and especially Card. Bell. masked vnder the name of D. Schulckenius hath most shamefully corrupted my words misconstrued my meaning and slanderously accused mee of errour and heresie what shew of arrogancie can any prudent man imagine it to bee to signifie to his Holinesse with humble and decent words and especially in the defence of my innocencie the plaine and manifest trueth and to request his Holinesse not to be mislead in a matter of such importance by the bad informations of my Aduersaries nor to trust ouermuch to their learning and conscience in this case wherein they haue so fowly abused mee and deluded also his Holinesse and withall to admonish or forewarne him that if he should bee thus mislead all the Christian world would plainely see that it would bee both an infinite wrong to mee and an occasion of great scandall to the Aduersaries of the Catholike Religion 73 Secondly Mr. Fitzherberts interpretation of those my words I leaue to the iudgement of all the Christian world to wit that by the Christian world I vnderstand some generall Councell whereto I meant to appeale is a very false and slanderous coniecture For albeit I am indeede of opinion and I thinke that no man of learning reading or iudgement can in his heart bee of the contrarie whatsoeuer in outward shew to speake perchance ad Placebo or for other respects hee may pretend that it is neither heresie errour or temeritie but a doctrine truely probable that the Pope may erre in his definitions if hee define without a generall Councell and that a generall Councell is aboue a true and vndoubted Pope yet by all the Christian world I did not vnderstand any generall Councell neither by those words did I meane as God is my witnesse to appeale to a generall Councell if the Pope vpon the falfe informations of my Aduersaries should condemne my bookes knowing it to bee in vaine for the redresse of any present iniurie to appeale to that which is not and God knoweth when it will be although if the Councell were actually assembled I account it no arrogancie for any man that is wronged by his Holinesse vpon the false suggestions and informations of his potent Aduersaries to appeale thereunto But by all the Christian world I vnderstood all Christian men whatsoeuer whether Clerkes or Laikes Princes or subiects Prelates or priuate men friends or foes and my only meaning was that those words which I spake to his Holinesse with the aforesaid condition are so plainly and euidently true that I durst therein appeale to the iudgment and conscience of any Christian man whatsoeuer yea and of my learned Aduersaries themselues 74 But I doe not promise his Holinesse saith Mr. Fitzherbert to retract and reforme my writings in case that hee condemne them but I anticipate the iudgement of his Holinesse with a protestation of wrong and of occasion of great scandall True it is that I did declare to his Holinesse and admonish him in that place but not anticipate his iudgement how shamefully Cardinall Bellarmine had wronged mee in his publike writings most falsly accusing mee of errour and heresie and vpon what weake and sophisticall grounds hee laboured to coine a new article of faith in a matter which so meerely concerneth our obedience due to God and Caesar humbly requesting his Holinesse that he would not giue credit to the false informations of my Aduersaries and especiall of Cardinall Bellarmine nor be ouer confident in his learning or conscience but that hee would bee pleased to examine the whole cause himselfe and not to giue iudgement against mee or censure my bookes vpon the false reports of my accusers and aduersaries otherwise the whole world would plainely see what great wrong is done to me and what great occasion of scandall would thereby arise to the Aduersaries of the Catholike faith and Religion Now what indifferent man that will speake without partialitie can iustly accuse him as arrogant presumptuous or to anticipate the sentence of the Iudge who being falsly accused of most heinous crimes by one who is both his accuser and witnesse against him and also greatly fauoured and esteemed by the Iudge doth in defence of his innocency plainely and modestly declare in particular to the Iudge how fowly and shamefully he is slandered desiring him not to giue sentence against him vpon such false informations but that he
will vouchsafe to examine the cause himselfe and not to be ouer confident in the testimonie and conscience of his accuser who is both in great fauour with the Iudge and also is brought as a witnesse against him otherwise all the standers by will perceiue what manifest wrong is done him and hee will giue his Aduersaries great occasion to except and exclaime against him And this is my very case as you haue seene before 75 And whereas Mr. Fitzherbert obiecteth that I doe not promise to his Holinesse to retract or reforme my writings in case that he condemne them to which hee might also haue added that his Holinesse hath now condemned or rather forbidden some of my writings and I haue not as yet retracted or reformed them I answere first that I know not well what this silly man would conclude from hence vnlesse he would make his Reader belieue that I am obstinate in my doctrine which the ignorant man calleth an heresie and that I doe still maintaine that it is a probable doctrine and consequently may be maintained by any Catholike that the Pope hath not authority to depose temporall Princes and that therfore I am no Catholike but a formall heretike disguised and masked vnder the vizard of a Catholike and that all my pretences to bee a Catholike doe proceede from no other ground but from a deepe d ssimulation or rather an artificall and execrable hypocrisie to delude and deceiue Catholikes And this is the chiefe marke at which this rash-headed and vncharitable man aimeth at in this Chapter whereby hee plainely discouereth both the bitternes of his intemperate splene little beseeming the spirit of a religious Priest and also that he knoweth not himselfe what is required to be a Catholike or to haue true Catholike faith 76 Secondly therefore to answere this inference I doe boldly and resolutely affirme againe which also I haue sufficiently conuinced in this Treatise that it is a doctrine truely probable that the Pope hath no authority to depose absolute Princes or to discharge their subiects of their temporall allegiance and therefore it cannot truely bee noted of heresie errour or temerity and so the imputation of heresie concerning the doctrine it selfe is altogether auoided and the submission of all my writings to the Censure and iudgement of the Catholike Romane Church professing that if through ignorance I haue written any thing which she approoueth not I doe also reprooue it condemne it and desire it to bee hâ—ld for not written which is a retractation and recalling in generall of whatsoeuer I haue written amisse is sufficient to cleare mee from all imputation of obstinacie or wilfulnesse vntill I bee certified of some particular thing which requireth a more particular retractation 77 True it is that I did not promise to his Holinesse to retract or reforme my writings and doctrine in case hee should condemne them vpon the false informations of my Aduersaries for that I was not bound to make any such promise as you shall more fully see beneath And now in that manner as the Cardinals of the Inquisition haue by the commandement of his Holinesse as the Decree mentioneth forbidden my Apologie and Theologicall Disputation in the same manner I haue retracted and recalled all that I haue written amisse for as they haue onely in generall forbidden those bookes not expressing any cause or crime either in particular or in generall for which they are forbidden although I haue most humbly and earnestly requested to know some cause thereof so also I haue in generall retracted recalled what I haue written amisse both by abhorring and detesting all heresie and errour in generall and also by submitting my selfe to the Censure of the Catholike Romane Church and solemnely protesting to bee most ready to correct whatsoeuer in my writings is to be corrected to purge what is to bee purged to explaine what is to be explained and to retract what is to bee retracted which being so with what face conscieÌ„ce can this my ignorant and vncharitable Aduersary so confidently affirme that no zealous Catholike can take me for any other then an heretike disguised and masked vnder the vizard of a Catholike and that all my pretences to be a Catholike doe proceede from no other ground but from a deepe dissimulation or rather an artificiall and execrab e hypocrisie 78 But that vnlearned Catholikes may not be led blind folde by this ignorant and silly man who presumeth to be a Doctour and Teacher in these difficult points of Schoole-Diuinitie before he hath beene scarce a Scholler therein and that they may haue some sufficient light and directions to discerne vpon what grounds they ought to build their Catholike faith and whether they are bound to belieue with Catholike faith all that doctrine to bee faith which the Pope with the Cardinals of the Inquisition and his other Diuines of Rome propoundeth as of faith and that doctrine to be hereticall or erroneous which hee with their aduise and counsell condemneth as hereticall or erroneous I thinke it not amisse to set downe two principall obseruations to direct them therein 79 The first is that it is certaine and agreed vpon by all Diuines that true Catholike and supernaturall faith must alwaies bee certaine and infallible not onely in respect of the obiect or the thing which is to be belieued which must of necessity be true but chiefly and principally in respect of the reason or medium whereby wee assent thereunto for many opinions which include intrinsecally a feare and vncertainty as true naturall science and supernaturall faith include intrinsecally a certainety and exclude all feare doubt and vncertainty are true See Bannes secunda secundae q. 6. ar 2. and in respect of their obiect also necessary but the reason for which we belieue or giue assent is that which maketh our true Catholike and supernaturall faith and iudgement to bee infallible and this reason is the reuelation of God propounded to vs by the Church 80 The second is that it is also certaine that there is a great controuersie betwixt the Diuines of Rome and other learned Catholikes especially of Paris whether the Pope defining and determining any doctrine to bee of faith and the contrary hereticall without a generall Councell may erre or no and whether the Pope be subiect or superiour to a generall Councell Victor relect 4 de potest Papae Conc. proposit 3. Bellar. li 2. de Conc. cap. 13. Whereupon learned Victoria affirmeth that both opinions concerning the superiority of the Pope or Councell are probable and Card. Bellarmine himselfe confesseth that although in the Councell of Florence and in the last Lateran Councell the question seemeth to be defined yet because the Florentine Councell hath not so expresly defined it and some make doubt whether the Lateran Councell which hath most expresly defined it Bellar. ibid. ca. 17. albeit afterwards he saith that it is doubtfull whether shee defined it properly as to be
the State to take compassion of them and to suffer them to make their innocencie and oppression knowne to the whole world in that manner they should thinke fittest being so infinitely wronged for his Maiesties sake in yeelding him that temporall allegiance which he requireth and they in their consciences thinke to be due to him 116 An other reason may be a willingnesse in his Maiestie and the State to haue plainly discouered to the whole world the different grounds and principles in things concerning obedience due to God and Caesar etwixt Catholikes of quiet disposition and in all other things good subiects and such other Catholikes as in their hearts maintaine the like violent bloody maximes that the Powder-Traytors did and a desire that his Catholike subiects would plainly let him see that in all temporall affaires they would and might lawfully according to the grounds of Catholike Religion adhere to him notwithstanding any authority by which the Pope might pretend to commaund them the contrarie whereby himselfe and his State might bee the better secured from all perturbations which might arise from thence and they also freed from most grieuous penalties which otherwise would bee imposed vpon them 117 And if the Pope should vpon some occasion offered be desirous to know how the Iewes that are borne and liue in his temporall Dominions stand affected towards him in point of their ciuill loyaltie and due obedience and whether they thought that their Chiefe Priest or Synagogue had according to the grounds of their Religion authoritie to absolue them from the bond of their naturall allegiance and for that cause should suffer bookes to be printed vnder the name of Iewes with Epistles dedicatory to their chiefe Priests and submission of the whole to the censure of their Synagogue or if the French King should for some good respects bee desirous to know the like concerning his Protestant subiects and thereupon suffer bookes to be printed vnder the name of Protestants with Epistles dedicatory to their chiefe Ministers and submission of the whole to their Congregation or Synode would not any man thinke it to bee both a manifest slander and childish inference to conclude from hence that eyther the Pope was turned Iew or the King of France become a Protestant for suffering such bookes to be printed in that manner or that therefore they knew the Authours of them meant the same for a meere mockery and derision of their chiefe Priests Ministers or Synodes honouring them as the Iewes did Christ when they kneeled downe and adored him saying Aue Rex Iudaeorum and spitting in his face And yet these are the manifest arguments which this vncharitable and ignorant fellow obiecteth against me to proue me an heretike disguised and masked vnder the vizard of a Catholike 118 An other Argument of the like kind vrgeth against mean other as foule a mouth'd and vncharitable Aduersarie of mine to wit that my bookes are printed without license and approbation of Catholike Superiours contrary to the decrees of the Lateran Councell vnder Pope Leo the tenth and also of the Councell of Trent But besides that this is more then this man doth know or can sufficiently prooue it is well knowne that neither that Lateran Councell nor the Councell of Trent were euer authentically receiued heere in England whereupon clandestine marriage which by a decree of the Councell of Trent is made inualide is heere in England euen among Catholikes accounted a true and valid marriage Moreouer it is well knowne that according to the doctrine of many learned Diuines which I haue related else where c In Disp Theol. cap. 10. sec 2. nu 41. Ecclesiasticall lawes doe not binde when there is danger of some great temporall harme by the obseruing of them or when some other necessitie to auoid great scandall or danger to Religion or the temporall common-wealth to know the trueth in a thing necessary to the great temporall or spirituall good or harme of many persons impugned by craft and violence and to defend himselfe and his credite from the slaunderous reports of vncharitable Aduersaries and such like necessities which are commanded or permitted by the law of God and nature all which may by any man of iudgement be applyed to the bookes written by me 119 Besides that saith Mr. Fitzherbert d Pag. 222. nu 20. and 21. their Lordships know full well that Widdrington shall more easily instill his pernicious doctrine into the mindes of Catholikes vnder the pretence and name of a Catholike of a friend and of a brother of theirs then if hee should discouer himself to bee a Protestant and enemy of their cause for as the Poet saith Tuta frequensque via est per amici fallere nomen Tuta frequensque licet sit via crimen habet Which one translated very aptly thus It is a safe and common way by friendship to deceiue Though safe common be the way t' is knauery by your leaue S. Ambrose saith Nihil periculosius his haereticis esse potest c. S. Ambros de filij diuvnt c. 1. Nothing can bee more dangerous then those heretikes who with some one word onely as with a drop of poyson doe infect the pure and sincere faith of our Lord and of the Apostolicall tradition But what would he haue said if he had seene this fellowes bookes impugning directly the Sea Apostolike and the whole course of the Ecclesiasticall gouernment vnder a solemne protestation and profession of obedience to the Church would he haue thought any thing more dangerous or pernicious then him and his workes No truely 120 That which his Maiesty and the State might very well know for their secret thoughts and intentions we cannot know but by coniecture was this that Catholikes would hardly beleeue or reade the writings and bookes of Protestants in matters which may be thought to concerne Religion And therefore to the end his Catholike subiects might plainely see and discerne according to the grounds of Catholike Religion the true difference betwixt spirituall obedience due to the Pope and temporall allegiance due to himselfe and the proper acts and obiects of eyther of them and thereby might the more easily be drawn to giue him that temporall allegiance which hee requireth at their hands And that also all other Catholikes of other Countreyes might perceiue the lawfulnesse of the Oath against which the Iesuites especially did so greatly exclaim vpon what doctrin principles his Maiesty grounded the same also that he himselfe might certainly know what particular exceptions his Holinesse would or could take against any clause of the Oath and what one thing in particular therein contained is contrary to faith and saluation as his Holinesse had in generall in his Breues affirmed that many things were therein clerely repugnant thereunto his Maiesty thought it not amisse to suffer my bookes to be printed vnder the name of a Catholike with Epistles dedicatory to the Pope and with submission of the
with Gods enemieâ— c. thereby to discredit me with Catholikes and to draw their affection from mee and to make them beleeue that I am a Spie and haue intelligence with the State to seeke the ouerthrow of Catholikes I answere that it is a most vncharitable and malicious slander For I call God to witnesse that I neither began nor do continue to write of this dangerous and difficult question at the motion instigation counsell or aduise of any Protestant whatsoeuer but vpon my owne free will and motion after long deliberation had concerning all the dangers and difficulties which were like to befall mee thereby meerely and sincerely for the loue of God of my Prince and Countrey and a desire to know the truth in this important question which so neerely concerneth our obedience due to God and Caesar as I solemnly and sincerely protested in the Preface of my first booke 131 And as for my intelligence with the State I doe sincerely protest and call God to bee both a witnesse and Reuenger if it bee not true that albeit I haue beene sent for sometimes to my Lord of Canterburies Grace and other times although but seldome haue gone vnto him of my owne accord about my owne particular affaires and should haue gone oftener for diuers respects but that I thought it best to abstaine that such slanderous backbyters should not take occasion thereby to make greater clamours against mee yet I neuer gaue any intelligence or information against any Catholike man whatsoeuer that might bee to him the least preiudice in the world albeit I haue had sometimes both fit occasion and iust cause and which in my conscience I might lawfully haue done in defence of my owne good name to seeke redresse against some vncharitable persons who haue most vnconscionably wronged me and sought my ouerthrow who although they bee of great account among Catholikes yet if the truth were knowne they would be most odious to all men for their execrable dissimulation and vnchristian carriage Neuerthelesse I thought it best to remit my innocie and the iustice of my cause to almightie God who in due time will be a iust Iudge and a seuere Reuenger hoping that my patience might in time be an occasion of their repentance Yet I doe freely confesse and acknowledge that I am infinitely bound to his Maiestie to my Lord of Canterbury diuers others of high place degree although I haue neuer spoken with them for many speciall fauours among which I account this not to be the least that they haue gratiously been pleased to suffer Catholikes to make knowne to the world their vnfained loyaltie and how much they detest that horrible and most abominable Powder-treason and the bloodie grounds and principles thereof for all which their fauours and benefits I will euer pray for their eternall and temporall happinesse and account my selfe vnable to giue them sufficient thankes for the same And truely I doe wish with all my heart that all Catholikes would giue such outward tokens of their true and inward loyaltie and sincere affection towards his Maiestie and the State that they might deserue to receiue some comfortable fauour at their hands 132 Now for a finall conclusion Mr. Fitzherbert will bring a more authenticall testimonie and iudgement then his owne concerning my selfe and my writings to wit the forbidding of two bookes of mine by a Decree of the Cardinalls of the Inquisition which neuerthelesse as you shall see is rather a virtuall confirmation then any condemnation of my doctrine And now to conclude saith he e Pag. 224. nu 23. 24. with a more authenticall testimonie and iudgement then my owne concerning Widdrington and his workes I thinke good to giue thee heere a true copie of a Decree very lately printed and published by a Congregation of Cardinalls deputed by his Holinesse for the examination of suspected bookes who by his Holinesse expresse order and commandement haue condemned and prohibited such bookes of his as haue hitherto come to their hands to wit his Apologie and Theologicall Disputation For although they find by a certain Preface annexed to his Theol. Dispu that he hath written also an other booke against an English Doctor yet because they haue neuer seene it they haue not expresly and separately censured or named it in the Decree neuerthelesse the subiect thereof being such as by the Preface it seemeth to bee that is to say containing the same doctrine them he hath deliuered in his other a bookes all Catholikes may easily iudge what opinion they ought to haue of it and may iustly expect that if hee bee a Catholike as hee professeth to bee hee will now shew it not onely changing priuately his opinion but also publikely retracting his doctrine with all conuenient speede thereby to cleare himselfe according to an expresse admonition giuen him in the said Decree vpon paine of such Ecclesiasticall Censures as shall otherwise be inflicted vpon him 133 The Copy of the Decree is this DEcretum Sacra Conregationis Illustrissimorum S.R.E. Cardinalium a S. D. N. Paulo Quinto Sanctaque Sede Apostolica ad Indicem librorum eorundemquc permissionem prohibitionem expurgationem impressionem in vniuersa Republica Christiana specialiter deputatorum vbique publicandum Sacra Congregatio Illustrissimorum S. R. E. Cardinalium ad Iudicem deputatorum viso libro falso inscripto Apologia Cardinalis Bellarminij pru Iure Principum aduersus suas ipsius rationes pro authoritate Papali Principes Seculares in ordine ad bonum spirituale deponâ—ndi Authore Rogero Widdringtono Catholico Anglo 1611. eiusdemque Authoris alio libro inscripto Disputatio Theologica de Iuramento Fidelitatis Sanctissimo Patri Paulo Papae V. dedicata Albionopoli 1613. vtrumque librum damnandum atque prohibendum esse censuit sicuti de mandato Sanctissimi Domini nostri D. Pauli Papae V. prefenti decreto penitus damnat prohibet quouis idiomate impressium aut imprimendum ac nisi illorum Author qui se Catholicum profiteur quam primum se purgauerit censuris ac alijs paenis Ecclesiasticis intelligat se omnino coercendum Mandat autem quòd nullus deniceps cuiuscunque gradus conditionis sub paenis in Sacro Concilio Tridentino in Indice librorum prohibitorum contentis supradictos libros audeat imprimere aut imprimi durare vel quomodocunque apud se detinere aut legere subijsdem paenis praecipit vt quicunque nunc eos habent vel habuerint in futurum locorum Ordinarijs seu Inquisitoribus statim a presentis decreti notitia illos exhibeant In quorum fidem praesens decretum manu sigillo Illustrissimi Reuerendissimi Domini D. Cardinalis S. Ceciliae Episcopi Albanensis signatum munitum fuit die 16. Martij 1614. P. Episcopus Albanensis Candinalis S. Cecilia Locus ✚ Sigilli Reg. fol. 50. Fr. Thomas Pallauicinus Ordinis Praedicatorum Secretarius Romae ex Typographia Camerae Apostolicae 1614. A Decree TO
S. Iohn Baptist 1614. A most humble Child and Seruant of your Holinesse and of the Holy Sea Apostolike The Authour of the Bookes as aforesaid c. 138 THis is the Purgation humble Supplication which I sent to his Holinesse vpon the Decree and commandement of the Lord Cardinals to purge my selfe forthwith which their Decree if all things be duely considered doth rather confirme strengthen then any way condemne disprooue or weaken any particular doctrine contained in my bookes For can a man with reason imagine that those most Illustrious Cardinalls would not for their honour sake and for satisfaction of the Christian world haue expressed some bad doctrine contained in my bookes but haue forbidden them in such generall words without expressing any one proposition which is in them repugnant to faith or good manners and after such an vnvsuall manner haue commaunded me to purge my selfe foorthwith and that vnder paine of Ecclesiasticall Censures without declaring any crime either in particular or in generall whereof I should purge my selfe if the could haue named any one proposition which they could haue cleerely maintained to be repugnant to the Catholike faith or Christian manners especially seeing that my Theologicall Disputatation as I haue shewed aboue in my Purgation was onely an humble Petition to his Holinesse and a sincere propounding to his Fatherly consideration the great and many difficulties which by occasion of his Breues condemning the Oath as containing in it many things flat contrary to faith and saluation did vexe trouble and perplexe the soules and consciences of his poore afflicted Catholikes earnestly requesting him and in regard of his Pastorall office as it were coniuring him that he would be pleased to satisfie their difficulties and to make knowne to them any one thing in the Oath of those many which by his Breues he had declared to be cleerely repugnant to faith and saluation 139 Now to say as some Priests heere with vs to excuse this strange proceeding of his Holinesse and the Cardinalls doe very indiscreetly and vnlearnedly affirme that it is against the Maiestie of the Court of Rome to giue English Catholikes particular satisfaction in these points and that they must obey with blind obedience and without any further examining of the matter whatsoeuer his Holinesse and the Cardinalls of the Inquisition doe decree and command although it be in preiudice to themselues and to their temporall Prince and State it is alas rather to be pittied then answered For no man of learning or iudgement can make any doubt but that if a spirituall Superiour or Prelate of what dignitie or preheminence soeuer hee bee shall command or forbid any thing which is dangerous to Religion to the Common-wealth or to a third person as all the world seeth the forbidding of English Catholikes to take the new Oath of Allegiance to be heere in England thus dangerous and the subiect is doubtfull whether his prohibition or commandement bee lawfull or proceedeth from lawfull and vndoubted authoritie or no hee is not bound foorthwith to obey but hee may without any note of disobedience propound humbly to his Superiour or Prelate the reasons of his doubt and the causes which mooue him to thinke assuredly that his Superiour or Prelate was misled either by false information or by his owne fallible opinion in imposing such a dangerous command and the Superiour or Prelate and much more if he be the Supreme Pastour of our soules is bound by his Pastorall office to feed all the sheepe of Christs flocke with the word of doctrine and instruction in things necessary to saluation when they shall humbly and earnestly desire to be therein instructed by him to whom the charge of their soules is principally committed by Christ our Sauiour in those words spoken to S. Peter Pasce agos meos Pasce oues meas Feed my lambes Feede my sheepe 140 Seeing therefore that wee haue diuers times most humbly and earnestly requested his Holinesse being the Supreme Pastour of our soules to make knowne to vs any one thing of those many which he in his Breues hath onely in generall words declared to be flat contrary to faith and saluation or any one proposition contained in my bookes which is repugnant to faith or good manners protesting with all sinceritie to purge and retract forthwith whatsoeuer is to be purged and retracted and haue also propounded vnto him most humbly the reasons of our doubts and why we are perswaded that he hath heerein beene misled and drawne to this course either by his owne fallible opinion or by the bad information of Cardinall Bellarmine and his other Diuines most instantly requesting to be satisfied herein and as yet cannot receiue from him any satisfaction at all And which also is very considerable seeing that I haue since that time made knowne to his Holinesse and to all the world by publike writings the manifest slaunders which Cardinall Bellarmine masked vnder the name of Doctour Schulckenius and who also in that Congregation of Cardinals deputed for the examining of bookes is one of the chiefest men and which is more strange both my principall Aduersary Accuser and Iudge hath very falsly imposed vpon me and how shamefully he hath corrupted my words and meaning to prooue me an heretike disguised vnder the faire colourable name of a Catholike and to impeach my doctrine of errour and heresie And besides the discouery of these shamefull calumnies for the which I demaunded iustice at his Holinesse hands I haue also made an other Supplication to his Holinesse most humbly requesting him either to declare vnto vs what one thing in the Oath is repugnant to faith and saluation and what one proposition in my bookes is contrary to faith or good manners or else to cause that Decree of the Cardinalls against my bookes to be reuersed and to account me and other Catholikes not to be disobedient children to the Sea Apostolike for not admitting his Breues which are grounded either vpon such an opinion which no Catholike is bound to follow or vpon the false information of Cardinall Bellarmine and his other Diuines or rather vpon both And considering also that not onely neither Cardinall Bellarmine hath for his credit sake cleared himselfe as yet of those fowle aspersions and crimes wherewith I haue charged him nor his Holinesse hath as yet vouchsafed to giue any fatherly instruction or satisfaction in these our important difficulties and necessarie requests but also the said Cardinalls haue after their former manner condemned that my Supplication onely in generall words without taking notice of the slaunders which Cardinall Bellarmine did falsly impose vpon me or expressing any one proposition contained in that Supplication or in any other my bookes contrary to Catholike doctrine or Christian manners as in that Supplication I desired to know All which things being considered I leaue good Catholike Reader to thy prudent consideration whether this strange proceeding of theirs be not an euident signe to any indifferent man that they can find no one thing in the Oath which is repugnant to faith or saluation nor any one proposition in my bookes contrarie to faith or good manners and that in they haue entred into such an exorbitant vncharitable and iniurious course and also drawne his Holinesse thereunto wherein with their honours they can hardly goe forward and yet rather then they will seeme to goe backeward and acknowledge freely that by the aduise of Cardinall Bellarmine and other Diuines of Rome they haue beene deceiued they will still goe on and care not to haue innocent Catholikes by their vniust proceedings to be accounted heretikes or disobedient children to the Sea Apostolike which in the end will turne to their great shame and dishonour and in the meane time cannot be but very scandalous to Catholike Religion very dishonourable to the Popes Holinesse and themselues very iniurious to English Catholikes and very burdensome to their owne consciences which so many dangers I beseech Almighty God with all my heart that he will inspire them to preuent in time and before it be to late So that it were farre better for the credit of my Aduersaries and of their cause and for the honour of the Sea Apostolike not to vrge any more the Popes Breues against the Oath or the Cardinalls Decree against my bookes but to bury them with perpetuall obliuion vnlesse his Holinesse and the Lord Cardinals of the Inquisition will descend to some particular points which with their reputation and honour they are able to maintaine The same submission * What reasons the State may haue to permit such submissions see aboue in this Chapter from num 110. which I made heretofore of all my writings to the Censure of the Catholike Romane Church I doe heere repeate againe FINIS Errata Page Line Errours Corrected 9 25 euen euer 30 8 soule soules 55 35 with them with him 108 34 the 70. Iudges the Iudges 116 28 Galgatha Galgala 131 1 make may make 144 19 presenting representing 155 36 of Princes of the Princes 170 14 shall beneath shall see beneath 200 31 was grace was not grace 200 36 reigne Ionathan reigne of Ionathan 250 43 nature naturall 286 29 not of malice not malice 286 37 amongst our amongst others our 287 8 pertienent impertinent 330 4 exercied exercised 330 7 as that as at that 347 7 Lawes Lawyers 372 25 selfe who would selfe would 389 17 or for 394 13 no nor 396 2 deserueth both in deserueth in 408 27 vpon to vpon him to 411 37 valued valid 418 37 of of his 435 19 Canonica Canonici 442 3 confuted confirmed 450 19 both them both of them 469 21 for that the for the 477 20 to belieued to be belieued 505 17 lilence licence 508 2 comfort confront 509 27 vncertaine certaine 515 42 dogmatike dogmatize 542 41 Decrees Decree 565 2 propound propounded 572 26 running cunning 576 32 altogeth altogether 584 12 included concluded 585 7 them then 591 15 meat means 591 23 despose depose 596 26 artificall artificiall 596 28 aimeth at in aimeth in 630 19 nud and 636 11 Dhctours Doctours
and suppose it to be vnlawfull as being forbidden by some former law they haue no more force to binde as Fa. Suarez expresly affirmeth Suarez l. 3. de Leg. c. 20 nu 10. then hath the reason whereon they are grounded So that if the reason be certaine then we are bound to obey if it be onely probable wee are no more bound to obey that declaratiue commaundement then we are bound to follow the Popes opinion against the probable opinion of other learned Catholikes All this and much more touching declaratiue and constitutiue precepts and his Holinesse Breues in particular which doe onely containe a declaratiue precept forbidding Catholikes to take the Oath for that it containeth many things flat contrary to faith and saluation I declared in my Theologicall Disputation x Ch. 10. sec 2. which is aboundantly sufficient to free me and other English Catholikes from all note of disobedience for not obeying in this doubtfull and disputable matter his Holinesse Breues and his declaratiue precept contained therein which is so preiudiciall to his Maiesties authority and so dangerous to his Catholike subiects not being able to finde any one thing therein which is repugnant to faith and saluation especially humbly propounding to his Holinesse the reasons of our doubts and earnestly requesting to bee satisfied therein But Mr. Fitzherbert thought it fit for his purpose to vrge against mee the obiections which I there answered and to taxe me not onely of disobedience but also of errour and heresie and to conceale the answeres which I made thereunto wherein he plainely discouereth his vnsincere dishonest and vncharitable proceeding and that his onely drift is to disgrace mee with his Reader and not to examine vprightly the truth of the cause 95 To conclude therefore this digression it is euident by the premises that if the Pope without a generall Councell define any doctrine to be hereticall erroneous or temerarious and command all Catholikes to belieue the same no Catholike is bound or ought to belieue with Catholike faith that doctrine to be hereticall erroneous or temerarious for this respect onely because the Pope hath defined and commanded the same for that it is a controuersie among learned Catholikes whether he hath any such authority infallibly to define or no and consequently neither his definitions nor his declaratiue commandements grounded thereon can be certaine and infallible grounds of Catholike faith And thus much touching inward beliefe But secondly if the Pope command that none shall preach or teach against his definitions or Breues then wee must obserue that golden rule of learned and deuout Gerson that if we neither perceiue any manifest errour against faith in his definitions or Breues nor that by our silence some great scandall shall arise to Catholike faith we must not dogmatize against them otherwise wee must speake freely and feare no Censures See his words aboue Chap. 14. num 39. But notwithstanding this document of Gerson if any learned man hath doubts and difficulties which doe trouble his conscience concerning the verity or lawfulnesse of the Popes definitions or Breues when they are greatly prejudiciall to a third person especially to a whole kingdome it is lawfull for him according to the doctrine of Sotus and others before rehearsed to propound humbly to his Holinesse the reasons of his doubts desiring to bee satisfied therein for this is not to dogmatize or to teach or preach publikely against them although this also according to Gerson be sometimes commendable yea and necessary but it is a desire to bee taught and instructed concerning the veritie or lawfulnesse of them 96 Thirdly if the Pope should excommunicate nominatim by name all those that shall teach preach or write against his definitions or Breues in case they perceiue great scandall to arise to Catholike faith if they be silent and doe not oppose themselues or should excommunicate nominatim those who shall write Supplications to his Holinesse to be taught and instructed concerning the veritie or lawfulnesse of his definitions or Breues whereof they haue great doubts and difficulties which doe perplexe their conscience then they must remember that saying of our Sauiour wherewith Gerson concludeth his golden document that Blessed are they that suffer persecution for iustice and let them assure themselues that they are vniustly excommunicated and free before God howsoeuer the Pope hath tyed them by his Censure and therefore they may in this case carry themselues in that manner as those who are not excommunicated in the sight of God though by presumption which often deceiueth and is deceiued they may bee thought by many persons who know not their innocency to bee excommunicated Yet they must not contemne the Censure but also for feare of scandall obserue it in the face of the Church although secretly and when no scandall is like to arise they may doe all that which if they had not beene excommunicated they might haue done and they who know their innocency may in like manner conuerse with them secretly and without scandall as they might before But notwithstanding any such excommunication they may still write supplications to his Holinesse vntill hee shall instruct them and may still appeale to his Holinesse ad melius informandum to informe him better and to desire to be fully instructed propounding humbly the reasons of thâ—â—rdoubts 97 Lastly if the Pope or the Cardinalls of the Inquisition shall forbid Catholikes to read or keepe certaine bookes to know whether and by whom such bookes may without any licence be read and kept or no learned Catholikes must diligently obserue for what reason ground cause or end they are forbidden to be read to wit whether for that they are repugnant to faith or good manners and also they must carefully consider the natures properties and differences of declaratiue and constitutiue precepts and that according to the common doctrine of Diuines whensoeuer the reason or end of any law doth generally cease the obligation also of that law doth cease So that if the bookes are forbidden for that they are repugnant to faith and therevpon may be dangerous to soules and this reason is not true but onely pretended and falsly supposed the reason end and cause of this prohibition doth altogether cease to him who seeth this false pretence And this obseruation I haue set downe chiefly for learned men For those that be vnlearned must bee guided and directed by vertuous discreet and learned men which learned men who take vpon them to guide and direct others if through affectate and wilfull ignorance they doe erre for that they will not duly examine the matter when they haue sufficient cause to doubt thereof but either for feare or flattery will beleeue with blinde obedience the Popes or Cardinalls words knowing certainly that they may erre and oftentimes haue erred and now haue sufficient cause to doubt and consequently to examine whether at this present they haue erred or no seeing that learned Catholikes doe in
publike writings dedicated to his Holinesse make great doubts and giue great reasons to shew that they haue erred at this very present desiring to be satisfied therein these learned men I say shall render a strict account at the day of iudgement for the temporall or spirituall harme which those poore ignorant soules who haue trusted to their learning and conscience haue sustained by their aduise and counsell and also they are bound to make satisfaction and restitution in this world for all the temporall losse which those poore soules haue incurred by their rash and pernicious counsell proceeding from wilfull and affectate or desired ignorance 98 Neuerthelesse also vnlearned Catholikes when they haue iust cause to doubt of the truth lawfulnes of any Decrees either of Pope or Cardinalls which are preiudiciall to a third person and especially to their temporall Prince and the whole kingdome are bound for as much as by their naturall wit and capacitie they are able to examine the matter and not to be led blindfold without sufficient reason which may fully satisfie their vnderstanding and conscience And this doctrine which I haue heere in this digression set downe is so sound easie and perspicuous that no learned man can take any iust exception thereat Yet I haue not set it downe for that it is necessarie to satisfie my Aduersaries obiections which before I clearely answered seeing that neither the Pope by his Breues nor the Cardinalls of the Inquisition by forbidding my bookes haue defined determined or declared this doctrine of the Popes power to depose Princes to bee of faith because there is no mention at all made of this doctrine either in the Popes Breues or in the aforesaid Decree of the Cardinalls but I haue set it downe onely for satisfaction and instruction of the Catholike Reader that hee bee not led hood-winckt by the grosse ignorance of my vnlearned Aduersarie T.F. who as it seemeth doth not know what heresie or disobedience is yet pretendeth to be their guide and director therin but both of them may doe well to remember that saying of our Sauiour Si caecus caeco ducatum praestet ambo in foueam cadunt If the blinde bee guide to the blinde both fall into the ditch And by all this it is euident that I and other Catholikes cannot any way bee iustly taxed of disobedience for propounding to his Holinesse with all humilitie the doubts and reasons which wee haue not to admit his Breues which are so preiudiciall to his Maiestie and our selues and most humbly requesting him that he will satisfie and instruct vs therein but alas what little satisfaction wee haue receiued from his Holinesse you shall see beneath 99 Now to returne to my ignorant and vncharitable Aduersarie who hath laboured in vaine to prooue not onely that I am disobedient and irreuerent to the Sea Apostolike but also an heretike disguised and that my submission to the Censure of the Catholike Roman Church proceedeth from no other ground but from a deepe dissimulation or rather an artificiall and execrable hypocrisie to delude and deceiue Catholikes and also that my meaning is to escape the Censures of the Church by appealing from the Pope to a generall Councell all which how false and slanderous they are you haue alreadie seene and yet wee reade that the Doctours and Catholikes of Paris haue diuers times appealed from the Pope being not well informed and aduised to a future Councell now this silly and vnconscionable man will forsooth confirme his aforesaid rash iudgement of mee concerning the last point of my appealing to a Councell by the example of Luther who at his first breach and disunion from the Church did as all Anostataes and heretikes are wont to doe appeale from the Pope to a generall Councell 100 This is manifest saith hee y p. 220. nu 17 euen in Luther himselfe who after hee had begunne to set abroach his heresie retained for a while the good opinion of many Catholikes with his pretence still to reuerence and highly esteeme the Popes authoritie insomuch that he wrote to Pope Leo in these words Quare Beatissime Pater Surius an 1517 prostratum me pedibus tuae Beatitudinis offero c. Wherefore most holy Father I offer my selfe prostrate at the feete of your Holinesse with all that I haue or am do you quicken or kill call or recall approoue or reprooue as it shall please you I will acknowledge your voyce as the voyce of Christ gouerning in you So he making as you see a farre greater and more absolute submission then Widdrington doth albeit within a while after being condemned first by a Legate of the Pope and after by the Pope himselfe he appealed first from the Legate to the Pope and afterward from the Pope to a future Councell and what became of him in the ende the world hath seene and felt by the bad fruites of his Apostacie Ibid. anno 1519 Sed Deus meliora 102 But first this silly man will not as I suppose finde fault with Luther for the humble submission hee made to the Pope but all that hee can reprehend in him may be two things the one is that he did it not sincerely and from his heart which if it be so as also it may be otherwise I cannot but much dislike such deepe dissimulation But for my owne part I protest before almightie God that the submission I made of my selfe and all my writings to the iudgement and Censure of the Catholike Roman Church I did it with all my heart and without any dissimulation at all The second may bee that hee did appeale afterwards from the Pope to a future Councell which although I doe not intend euer to doe but will take patiently all the Censures which shall bee imposed vpon mee I will onely appeale still to the Pope himselfe to informe him better and to make knowne to him and to the whole world my oppression and the iustice of my cause yet neither Luther nor any other can bee accounted an heretike Apostata or Schismatike for appealing from the Pope to a future Councell vpon a iust cause seeing it is well knowne that the Masters Doctours and the whole Vniuersitie of Paris did also appeale from the saide Pope Leo to a future Councell The copie of this Appeale which was made in the yeere 1517. the 27. of March is to bee seene in Bochell lib. 8. Decret Eccles Gallic cap. 8. who were not therefore accounted heretikes Apostataes Schismatikes silly sicke scabbed or rotten sheepe 102 Secondly Luther within two yeeres after hee began to publish his doctrine reuolted wholly from the Catholike Roman Church and renounced all obedience to the Bishop of Rome but since I began to write there be seuen yeeres fully expired and yet I continue still in the vnitie of the Catholike Roman Church and doe acknowledge the Bishop of Rome to bee my supreame spirituall Pastour Father and Superiour And albeit my opinion be that