Manâ—â—cript Lectures and in his first Books the words of Sotus are both found and read If now being of another mind he be not pleased to acknowledge and grant us the same and would have us to belâ—eve that he hath not written what I now avouch and averre the matter is not of any great consequence In his Books we see infinite alterations choppings and changings every day Sotus by him cited hath left it upon Record and that serves my turne And howsoever it imports but little to the principall question whether he will have it so uttered by the tongue and penne of Sotus or no that puts me to no manner of trouble so long as I finde it extant in the writing of Sotus himselfe whose Doctrine whose phrase nay whose verie words the learned take notice to be in great request with his Lordship and not a little pleasing to his appetite 6. You practise no small subteltie of refined wit when you shew that you are so unwilling to have that opinion which is taught by many Canonists called an opinion of the Canonists where is in the same companie a Divine the same opinion and that an opinion of the same may not be called an opinion of Divines when one Canonist is of their side and holds the same Tenet But every Novice in Theologie knowes that Appellatio Donominatio fit a majori parte things have their Appellaâ—ion and Denomination from the greater part yea Bellarmine himselfe works upon this distinction and the title of the question using this Argument Probatur opinio Theologorum ergo contraria opinio est Canonistarum the opinion of the Divines is approved and therefore the contrarie opinion is the Canonists amongst whom albeit in these last impressions he cites Navarrus a Canonist and not a Divine neverthelesse for the reason before alledged it is of no import The opinion of those who affirme the Pope to be Lord in Temporals is called the opinion of Canonists because it is not founded upon any Authoâ—iâ—ie of Scripture but only upon certaine Canons or Lawes Registred in the Decrees and Decretals and the contrarie opinion is that of the Divines because it is built upon Gods Word in the holie Scriptures 7. The Supreame Power Temporall you say is by all Authors except Heretikes granted to the Pope If that be so then doubtlesse Navarrus take him for one amongst many other is a notorious Heretique in this formall conclusion In cap. Novit Quare dicendum est Papam nullam habere potestatem laicam neque supremam neque mediam neque infimam The Pope therefore stands in no degree at all of Laiorck Temporall power neither in the highest nor in the middle nor in the lowest Region of Temporall power For my part I call that opinion Heresie and so I compt it which in explicite and implicite sense fights against holy Scripture and such is the opinion of all those who affirme the Pope to have Supreame Temporall Authority Our Lord Christ saith Mat. 16. Tibi dabo claves Regni coelorum I will give thee the Keyes of the Kingdome of Heaven and the Pope saith Regni terrarum of all Earthlie Kingdomes Christ saith Mat. 20. Mark 10. Luke 22. Ioan. 19. Ioan. 20. Reges Gentium dominantur eorum vos autem non sic the Kings of the Earth beare rule over them but so shall not yee and the Pope saith vos autem sic and so shall ye Christ saith my Kingdome is of this World and the Pope saith nay my Kingdome is of this World and over the whole World Christ saith as my Father hath sent me so doe I send you my Disciples and the Pope saith not as the Father hath sent me so doe I send you There be two Supream Powers two Heads of all Christians Professors of Christian Religion Terrena potestas caput Regem Spiritualis potestas habet Summum Pontificem Hug. de Sanct. vict l. 2. de Sacr. p. 2. c. 4. the King is the head of all Earthlie and Temporall power the Pope of all Spirituall power Pope Gelasius in an Epistle to the Emperour Anastasius Duo sunt Imperator Auguste quibus principaliter mundus hic regitur Auctoritas Sacra Pontificum Regalis Potestas This World Decr. dist 96. Caudâ—o sunt most noble Emperour is chiefly governed by two Supreame Powers the Sacred Authoritie of Popes and the Temporall Authoritie of Kings Innocentius III. held this Article for so certaine and indubitable that he made no scruple to affirme Cap. Novit Regem in Temporalibus neminem Superiorem recognoscere that in Temporall causes the Kings of the Earth doe acknowledge and take no mortall creature to have anie Superioritie of Power or any right any reason to crowe over their Crownes How then can there be anie truth in the L. Cardinals affirmative Pontificem recognoscit the King doth acknowledge the Pope for that is to say the Pope is dignified and endowed with Supreame Temporall power with which words I must confesse that I am plunged in a deepe pit of astonishment For those Authors who grant an indirect Authoritie to the Pope break not forth into this unreasonable and exorbitant excesse but use a certaine mitigation of the word indirectlie as that it is Spirituall non per se sed per accidens not in it selfe but by occasion and accessarilie to write in case of necessitie and most of all with consent of the parties interested But for any to affirme the holie Fathers power to be Supreame and Temporall fateor scandalum est mihi to me I must confesse it is a scandall or stumbling block and stone of offence so long as not onely the true doctrine but also the Doctrine of the Lord Cardinall Bellarmine can hold up the head and stand in full force l. 5. de Rom. pont c. 3. and 4. 8. I have not charged the Lord Cardinall to hold the foresaid Booke was never of St. Thomas his penning I have onely alledged that his Lordship hath made so good and so cleare demonstration of that point that never yet anie answer durst peepe abroad to contradâ—ct his Lordships demonstration As for your subterfuge that the said Historie was perhaps afterward primed or popt into the foresa d Booke that carrieâ— no shew of proâ—abilitie seeing you produce not anie one conjâ—cture not any one reason to fortifie the same For to what purpose had any man a mind to patch up the said Historie in so good so faire a Wâ—b as the foresaid Booke to what end how long time since He that dares take upon him to affirme these things shall make the credit of all Histories to shrinke and shake The Lord Cardinall Baronius flies to the same Answers as to his best refuge When he is put hard to his trumpes and shifts how to untie the knot of an Argument drawne from Historicall Authoritie straitwaies he thinkes to take up mens lips and to dazzle their eye-sight with such and such words are
of his words as we find it spun and woven by his owne fingers Credimus Romanum Pontificem quatenus solùm est Rom. Pontifex Vicarius Christi summus nudus ab omnibus Privilegiis donariis humanis nullam habere Potestatem Laicam neque Summam neque Mediam neque infimam neque Actu neque Habitu habere vero Potestatem Ecclesiasticam nonè à Christo Servaâ—ore nostro institutam qualis nunquam ante illius institutionem in orbe fuit quaeque est Species Potestatis distinctae à Laica longè nobilior ea ut Aurum est Species Metalli distincta à Specie plumbi â—â nobilior quaeque directè solùm amplectitur super-naturalia indirectè vero eatenus naturalia quatenus sunt necessaria ad consecutionem finis supernaturalis ob quem sunt instituta In which Text of Navarrus the longer it is the more points are observeable As first of all that where you charge Navarrus to affirme that Papall power is not meerely Temporall hee gives not so much as the least suspition of the said pretended and imputed affirmation he rather stands out and holds out for the cleane contrary assertion Then secondly that what Laick power soever is annexed to the Pope he hath got it by the Priviledges of noble Princes and by the Donaries if I may take up Navarrus his owne word of Magnificent Personages but not as Christs Vicar Then thirdly that as the Vicar of Christ he hath not a hands breadth not an Inch of Laick power neither in the highest degree nor in the middle ranke nor in the lowest region Then fourthly that he hath neither the Act nor the Habit of Laick power whereby he may be so much as enabled to exercise the same though he should never put it in practise but keepe it up close like a Bee in a Box or as men say like a Sword alwaies in the Scabbard Then fiftly that his power is Ecclesiasticall the same that was instituted by Christ our Lord a power never heard of in the world before Christs institution Then Sixtly that his Ecclesiasticall power hath nothing at all to doe with Laick power but is directly distinct from the same in Specie as the Species of Gold is directly distinct from the Species of Lead so that as Gold is not Lead and Lead is not Gold even in like manner Papall power is no way Temporall and Laick power is no way the same with Papall power Then Seventhly that Papall power directly stretcheth out his arms to imbrace things that are Supernaturall as Grace by name given by his Holinesse thorow the meanes of holy Sacraments as Catholiques believe and the same grace is meerely a thing Supernaturall Eightly and lastly that Pontificiall power indirectly makes use of things naturall instituted by Christ for a Supernaturall end as water to baptise oyle for that action which we call Extreame or last unction 1 Cor. 19. and silver for Almes ordaining besides that hee who serves at the Altar should live by the Altar and that no mouth of any Oxe which treads out the corne be at any time muzzeled according to Christs institution for the better obtaining of the Supernaturall end This is the power whereof Navarrus affirmes as you seeke to beare me downe that forsooth it is not meerely Temporall Doth Navarrus there speake of Temporall power Nay doth Navarrus once dreame thereof For albeit he speakes of the use of naturall things yet he cals them neither Secular nor Temporall nor Civill but onely naturall and restraines them to those things which were instituted to a Supernaturall end and not so far forth as they are naturall but as they are Spirituall that is to say as they are clothed and apparelled with goodnesse of the Supernaturall end according to Christs owne institution How then can that be true which you charge Navarrus to affirme that Papall power is Layick and Temporall howsoever not meerly Layick and Temporall and that as Pope hee may intrude himselfe into the exercising of Temporall Dominion and Jurisdiction But with you Hetrodox it is no new or strange thing as oft it hath beene knowne and seene to cite Authors for some opinion who teach a cleare contrary Doctrine 4. You stand for the Popes Kingdome to be a Kingdome that governes all Kingdomes Then belike he steers the huge Argonfie of the grand Signior and of the mighty Tartarian and the most potent Monarch of China too But I believe he dares not once presume to set his foote in any of their powerfull Aâ—kes No no the Pope is no Governour of Kingdomes but Pastor of Christians it is more then high time to pull up by the rootes all such thoughts purposes and projects to sway the Scepter of secular Princes Kings and States Non est Discipulus super Magistrum the Disciple is not above his Master nor the servant above his Lord. 5. Item You make the chiefe Bishop a God as God was tâ—ken of the old Philosophers that is to be causa prima the first cause of things For thus you say As God governes all Kingdomes and takes not away from Kings the Kingdoms ruled and governed by his omnipotentarme so the Pope governs all Kingdomes and takes them not away from the true owners to whom in right and reason they belong so far exorbitant is this your comparison and openeth so great so wide a gate unto Idolatry that I cannot I dare not passe by the gate thereof but with a warie foote What Is the Pope then omnipotent omniscient Vbique per Essentiam praesentiam potentiam Is his Holinesse every where by his Essence by his presence by his power for as much as he immediately governes all Kingdomes as they are governed by God himselfe I know not Hetrodox how it is possible that so vast so exorbitant imaginations have taken roote in the Intellectuall Facultie of any Christian man 6. Againe to give but not to grant you thus much I mean to give it for courtesie sake though not grant it for a veritie that our Popes governe all Temporall and Earthly Kingdomes as they are governed by God himselfe yet all the learned know that God suffers the second causes to work and himselfe is only concurrent with all their operations with all that are good he concurres Positivè by position with all that are evill Permissivè by permission Then for example when the operations of the most Christian King are good wherefore should the Pope not suffer him still to be in such action Here I would have no man step in with a frivolous answer the Pope will not suffâ—r the King so to doe because the Pope is perswaded the Kings operations are wicked and therefore hee will take order for the remedy and reformation thereof For if the Pope should undertake the attempt and enterprise to reforme all wicked men first he should be nothing like unto God who many times permits wicked men to range in the waies of their own will
THE JESUITE THE CHIEFE If not the onely State-Heretique in the World OR The Venetian Quarrell Digested into a DIALOGVE BY THO SWADLIN D. D. Bernard Epist 256. Quale est hoc Principatum tenere Ministerium declinare Printed in the Yeere 1647. TO THE RIGHT WORSHIPFVLL My very munificent Friend Sir GEORGE GRYMES Noble Sir IN the following Papers which are but a Translation of Eight Propositions as they were canvased by two learned Romane Catholiques you will meet with some Primitive Learning under the name of Orthodox and that will delight you you will meet with some Moderne Learning under the name of Hetrodox and that will not displease you In both you will find the businesse of Secular and Ecclesiastique Power at full discussed which will be no great burthen for you to reade and a great happinesse to my selfe that the world may therein see J am neither Popishly affected nor ingratefully infected since these lines walke under your Protection no friend to Popery a great friend to Piety and are Dedicated to you as a Tythe of that Gratitude which is necessarily due from Sir Your most humble Servant T. S. London Nov. 19. 1646. THE FIRST DAYES CONFERENCE UPON The first PROPOSITION HETRODOX IS the wind in that doore Orthodox Are you become so deplorately blinded and yet honoured with the reputation of a wel-founded Roman Catholique Is it possible that any Roman Catholique can swallow the sweet Pill but most deadly poyson of hereticall Pravity to assevere so distinctly as you have now done and to believe withall so confidently as you now pretend the power of secular Princes or of our Holy Father himselfe as a temporall Prince doth clayme a kind of Birth-right by lawfull derivation Immediately as it were from the Almighties throne and without exception Orthodox The wind blowes where it lists Hetrodox But whether I be now transformed into a Baertimeus or turned blind as a Beetle in this Theologicall Argument whether I have taken down a drachme or so much as only a drop of hereticall poyson in this dogmaticall assertion I neither intend to shew my selfe so selfe-conceited neither purpose to looke so big upon the tip-toe of my own private spirit as to deprive your critick faculty of any faire and free liberty to censure the verdict of my Position at parting when the Sun sets Hetrodox Fall then roundly and closely to the main of the first Proposition I barre all manner of byes Orthodox Your will be done Hetrodox Then first I take this for granted that all Dominion and Servitude that all Power in the Prince to command and all obligation of Subjects to performe with promptitude all due and requisite obedience unto the just and lawfull behests of their lawfull Princes by the law of nations is grounded and built upon one of these foure Bases Election Inheritance Donation or Law of Armes I mean Sword-Law and right by valiant Conquest So that all Princes advanced to the glorious Throne of sacred Supreamacy or supreame Principallity by any one or more of these foure Bases of State are condignly to be enrolled and registred in the most noble Canon or Calender of lawfull Princes And all such Princes I religiously professe in my conscience are crowned with Authority and Power immediately from God to command to enact Statute Lawes to exact due Tributes to heare and determine causes to inflict capitall and other corporall punishments to impose Pecuniary Mulcts of penall Statutes upon all their naturall Subjects without exception Hetrodox By these last words without exception whether mean you exception of Subjects or exception of Power or exception of Cause If the first surely your Proposition is erroneous For what Power can secular Princes carry over Clerics exempted as you know right well from temporall power at least by mans law as it is held by all Catholique Authors yea by Gods Law also as before our parting I hope so materially and substantially to verify that you shall be enforced to confesse your error to cry Peccavi and glad withall to deliver me your weapons in this Field If you mean exception of Power your Proposition is Hereticall For no Power of any Christian Prince or Monarch can be free frome subjection in some sort unto the power of Christs Vicar thr universall Pastor and Head of all Christians whether Princes o-private persons If you mean exception of Cause your Propositir on doth smell very strong of like pestilent contagious heresie Fot it is the doctrine of sacred Scripture and holy Councels That spirituall causes are not summonable nor bound or tyed to ther Courts of Layics not compatible of tryals in the Kings-Bench or Court of Common-Pleas but in Consistorian Courts and before Ecclesiasticall Tribunals alone in which point all the Doctors as well Divines as Canonists with unanimous consent do jump and accord Orthodox Not so Hetrodox saving your deep and as well may be avouched your infinite reading D. Medina for one dissents and holds hard for the contrary yet a Doctor Marshaled in the ranke of solid Catholique and Classicall Authors He delivers for positive doctrine that exception or exemption of Ecclesiastics in temporall crimes and causes is not commanded or prescribed of Almighty God in the whole volumne of the Bible Medin de Restitut q. 15. His expresse and formall words be these Videtur oppositum esse verum c. The contrary assertion seemes to go forth and bravely to march with flying Colours of truth for the purpose That after abolishing of the old Law there is not found any one obligatory precept in Gods word for the exempting of Clericks or Ecclesiasticks from the power of the secular arme and sword I rather choose to affirm maintain that in former ages Clericks have obtained and for the times present with great happines do enjoy their exemption by the munificent Grants by the gratious Charters by the indulgent priviledges of their noble Princes again Denique hac ratione unica c. To conclude this one argument hits the Nayl on the head drives it home and hits the Bird like a Bolt in the right Eye wee can professe and justify no point of doctrine to be grounded upon Gods Law or word except it can be warranted by some authenticall testimony of the same divine law or word Exempting of Clericks hath no cleer warrant passable or triuable in the law of God ergo Couar lib. pract q. C. 1â— conclu 2. c. Couaruvias also stands as firme like a Colosse for the same assertion In rebus temporalibus et in criminalibus quae spiritualia non attingunt c. In temporall matters and in criminall causes having no correspondency with spirituall cases the persons of Clericks and their possessions or estates are not by Gods word exempted from the jurisdiction of their secular Princes Hetrodox You know Couaruvias is challenged by Cardinall Bellarmine of partiality for the jurisdiction of the most Catholique King Orthodox And you know Cardinall Bellarmine
himselfe that can derogate or diminish retard or impaire the least portion of Papall power The reason because Papall power proceeding immediately from God is totally and universally free from Subjection to the will of creatures In secular Principalities experience teacheth us many times the contrary events the point of their power is now and then rebated by rebellious insurrections of their own Subjects or by cunning practices and hostile acts of some more potent Princes yea sometimes Monarchicall Principalityes are changed into free States and on the contrary free States into Monarchies because their power hath no immediate derivation from God but mediate from the consent and assent of men To be short If Secular Princes be not gifted with Power and Authority from God Immediately over the persons of pure Laics how much lesse are they armed with power over Ecclesiastick Estate exempted from the said power by the Law of God and Man whereof I hope to make before our parting evident demonstration Your Proposition therefore might have been better couched and put downe in these termes Secular Princes are not girded with any Sword of power immediately from God over their Laic Subjects but onely by meanes of some lawfull Title from their people and against Clerics or Ecclesiastics within their Dominions they have not so much as a short dagger or a small bodkin of Power and Authority to draw forth neither from God nor Man Orthod With great authority and confidence Hetrod you have taken the paines to utter and say just nothing The word Immediately against which you take so great a stitch is used by Navarrus a most grounded and Catholic Doctor In the Definition of Secular Power comparing the same with Ecclesiastic as you have now done he is positive in these words Cap. Novit de Iudi. Notab 3. Potestas Laica praedicta c. The said Secular power comes immediately from God for this reason because men are furnished with Naturall Reason engrafted by God himselfe and this Natural Reason concludes Power to be due and requisite over man propter bonum regimen eorum as tending and availing to their better more formall and more orderly Government Navarrus for this opinion or verdict rather citeth and produceth Durandus Iohan. Parisiens Almanius Gerson with some other Catholic Authors and then drawes the whole to this faire head As the Precept against Murther is by the Law of Nature Immediately from God so the Authority of Secular Princes against all Delinquents to inflict upon them capitall penalties according to the merit of their cause for the tranquillity and better Politie of the State or Common-wealth is immediately from God alone True it is that some before others are mounted to the Chaire of Soveraigne State as it were upon the backs and shoulders of men I meane by humane meanes as either by Inheritance by Election by Donation or by the Law and Right of Armes as I have laid it downe for an over-ruled Case and Principle in Common-Law And now I avow punctually for the purpose The very same principle can be no crosse or over-thwart-barre to the abatement of any honour in the armes of a secular Prince his power or to hinder his power from being the immediate gift of God neither can it be any forcible instrument or Engine to make the said power the immediate act or worke of man Rom. 13. First not of men as you pretend because all power is of God as Sâ— Paul affirmes in expresse words But authority of Princes is a power item no mortall creature I speak not now of supream Princes hath power to bind the conscience of any other unto the precise keeping of his commands whereas the supream secular Prince is invested with power to bind the consciences of all his own Subjects to the due obedience of his Decrees Lawes Acts or Statutes The secular Prince therefore is not armed with authority by mortall men but by the immortall and eternall God himselfe St. Paul frames the same argument and reason Whosoever resists the Power resists the Apostle sayth not mans Ordinance the Ordinance of God Rom. 13. and they that resist shall receive to themselves judgement Now then to take you up at your own weapon As Papall power is immediately from God saith Hetrodox howsoever the Popes election is acted by the suffrages and votes of Cardinals who are but men so howsoever the meanes or manner whereby the Prince is assumed or exalted to his throne be humane or of men his power also if the Popes be so or any such at all must needs be of God An example in Philosophy will make this point cleare The reasonable soule is not infused or inspired of God into mans body before the same body be fitted and accommodated with all the organs or instruments and with all naturall dispositions of nec ssity required to make the body a fit receptacle for the soule Now all these abilities and meanes are termed by Philosophers Conditio sine quâ non the condition without which the body at no hand can be framed or built for a convenient House Tent or Tabernacle for the immortall soule This notwithstanding shall any mans boldnesse abuse his reason so farre as to make him affirme the reasonable soule is not created and infuâ—ed in mans Body immediately of God but mediantibus dispositionibus by meanes of the corporall dispositions first fitted and prepared in the body Farre be it from any Christian tongue to utter so great blasphemy In like manner howsoever the meanes by which a Prince is mounted to his throne are but humane or of men and that is the condition without which the Prince is not installed in his throne yet his power to rule and govern the Stern of State is immediately of God But I must here take you Hetrodox at your word as one convicted by the power of truth it selfe and acknowledge so that Habemus confitentem reum the word immediately may be taken as you contend in two severall senses and this for the first Princes have immediate power from God to command their subjects that is to say the precept or law that bindes to the obedience of Princes our lawful Superiors and Lords is immediately from God and this I grant is true now albeit you here seek to confound the word Power and the word Command yet according to your own sence and acceptation of the words they both do signifie the same thing to all intents and purposes And in very deed the word Power would be better expressed by the word authority or jurisdiction For so the originall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which directly signifies authority to command would be translated and turned for the avoyding of equivocation Briefly The doctrine by me propounded in these two words immediately and without exception is not only Catholique and sound but likewise justified by verdict of your own mouth And howsoever you pretend to what purpose I cannot see to marke this doctrine with a
authority sought indeed to heare the causes of Ecclesiastics and thereby intruded himselfe to cut as it were their spreading Combes for that reason Menua in all submissive humility petitioned Iustinian to leave the cognisance at least of civill causes unto the Bishop to which Petition the Emperour was pleased to give both gracious care and princely grant How true it is that Iustinian usurped excessive authority it is evident by his practise for he both shufled and cut the cards he intruded himselfe to bridle the Clergy to tye and hold them short unto the stake by his Lawes as well in spirituals as temporals who so lists to read the titles De sanctit Episcop de sacro sanct Ecclesiis may clearely see the same with halfe an eye but more pregnant and positive for the purpose is the Nomocanon of Photius Howbeit you know Orthodox it is the doctrine of all Divines and Canonists yea of Couaruvias himselfe too that by Gods own word the judgement of spirituall causes belongs only to Bishops and to the highest Bishop as to the supreame Judge whereupon both before Iustinian and after the sacred Councels have debarred and restrained the clergy by expresse and peremptory inhibition from procuring any tryals before secular Judges as in the councell of Toledo besides divers other Councels it is more then manifest Perhaps Tholouse in France Can. 13. And that all the world may see the foundation which you have laid I mean that novell-constitution 83. of Iustinian to be but a rotten foundation it is much considerable that Iustinian himselfe in the very same constitution hath decreed it shall not be lawfull for the secular Judge to punish an ecclesiasticall person except first he be deprived by his own Ordinary of his Clericall dignity and thereby brought under the whip or lash of the common lawes Now if ecclesiastics be not found within the compasse and power of the common lawes before they be degraded by the Bâ—shop how shall they be judged and sentenced by any secular power so long as they are still invested with clericall dignity and holy Orders In the same constitution it is professed by the said Emperour that his lawes imperiall thinke not scorn to follow and come after the sacred Canons whereas then by the said Canons it is well and wisely decreed provided and ordered that Ecclesiasticks are to be judged by their own superiors how can the said constitution stand in force and be observed which determines the cleane contrary And now to draw the Arrow up close to the very point of the head the inconvenience of this decree made by the Emperour Iustinian seemed to the judgement of Frederick the second to be of so dangerous a straine and consequence that he repealed the foresaid law of Justinian with all other the like lawes repugnant unto the liberty of the Church for it is found in Fredericks first constitution thus recorded Sanâ— infideliam quorundam c. the pravity of certain miscreant and unjust Princes hath so disborded and over-flown the Banks that now contrary to the discipline of the holy Apostles and to the name of sacred Canons they make no bones to contrive new Statutes and to frame new lawes against Church-men and Church-liberty A little after Statuimus ut nullus c. Wee decree that none shall presume to sue any ecclesiasticall person before a secular Judge in any criminall or civill cause contrary to the imperiall constitutions and canonicall decrees and in case any suite shall be otherwise commenced or entered wee decree the plaintiffe to lose his cause and to take no benefit of the Judges order or sentence as also the Judge himselfe to be put out of the commission for Judicature Likewise the Emperour Basilius long before Frederick repealed a law made by the Emperour Nicephorus against ecclesiastics liberty with asseveration that infinite calamities like epidemicall diseases or publique ulcers and botches had runne over and infected the whole body of State and common wealth with poyson of the said pestiferous and unwholsome lawes let Balsamon upon the Nomocanon of Photius be consulted and viewed where he expounds the first Canon of the first and second Councels celebrated at Constantinople and thus much touching the authority of your great Iustinian Orthod I am not ignorant Hetrodox in whose goodly Vivaries or fresh Ponds you have taken so great paines to fish for this dish of dainty Mullets as you suppose but saving his savour with whose heifers you have thus plowed up the goodly field of the Emperour Iustinians 38. Novel the said Novell comprehends three distinct parts the first is that upon petition of Menua this noble Emperour sealed a patent and passed a most gratious priviledge for the Cleargy of this faire tenure and tenour that in matter of pecuniary causes called after the common stile civill causes Church-men might be tryed and judged by their Prelates Non ex scripto without some formall drawing of Bils Bookes or pleas except both parties agreed to have some necessary essentiall and materiall points of the case formally drawn couched and put down in writing and in case the knot or difficulty of the matter would not beare and suffer such summary decision then it should be free and lawfull for the complainants to take the benefit of civill Courts and to commence their suites before the ordinary secular Judges The Emperours own words lye penned thus Petiâ—i sumus c. Menua beloved of God Arch-bishop of this most flourishing City and universall patriarch by humble Petition hath moved our imperiall highnesse to grant unto the most reverend Cleargy this gracious priviledge that if any shall have just and lawfull occasion to sue Churchmen in a pecuniary cause he shall first repaire unto the Archbishop beloved of God as unto his Diocesan within whose jurisdiction he then liveth and inhabiteth and shall require the Archbishop to take information of the cause whereby he may merit his judgement Ex non scripto by summary proceeding without drawing of Bookes or breviats And in case the Archbishop shall undertake to proceed in such forme the Cleric shall not be molested nor drawn into any Court of civill Audience nor driven to intermit the exercises of his holy Function but rather without damages the cause it selfe shall be throughly canvased and sifted Ex non scripto Howbeit withall the said cause may be couâ—hed in written forme if the parties be willing and condescend both alike to require that course and to relinquish the other but in case for the quality of the cause or for some other emergent difficulty the Bishop beloved of God shall not be able by any meanes possible to make a full and finall end of the matter then shall it be lawfull to bring the said cause before civill Judges and Magistrates and all priviledges granted to the right reverend Churchmen preserved it shall be lawfull to implead to take examinations to make a finall end of the suite and contention in the
parties are once drawn into that course it orders them to steere altogether by that compasse and to stand to the tacklings of their determination Now I would gladly learn of you Hetrodox what makes all this for distinction of Courts or to prove there were two distinct Courts two ordinary and competent Judges one for seculars another for the Civill and criminall causes of Churchmen before Justinians constitution 8. You alleadge the authority of the Milenitane Councell wherein it is commanded according to the Apostles councell that Bishops are to accomodate civill causes between themselves that no Bishop shall by Petition demand of the imperiall Majesty a Judge in public judgements but in case he obtaine of the Emperour some ecclesiasticall Judge then he shall not be impeached or contradicted I will here for the purpose alleadge the Canon it selfe Placuit ut quicunque c. It is decreed that whosoever shall Petiton the imperiall Majesty to have his cause come to cognisance and tryall in public judgements he shall be deprived of his dignity but in case he shall solicite the Emperour for Episcopall judgement that shall be no maime no losse no blot no blemish no diminution to his estate In which words first a Bishop is inhibited and restrained from seeking of public judgement before seculars but is not inhibited to make appearance in case he shall be summoned and served with one of his Majesties writs to that purpose Secondly he is permitted to petition the Emperour that his cause may be tryed and judged by the Bishop as hath been shewed before From whence the plain contrary to your pretence and assertion may aptly be collected that in those times there was no distinction of Court but all causes whether of Churchmen or seculars were to be tryed neither in public nor in private judgement unlesse the Emperour himselfe did give way by speciall permission and most gracious licence Nay the very same Councell ordaines Can. 16. that petition shall be made to the most glorious Emperour to be graciously pleased that certain Judges by their imperiall authority might be commanded to appoint and assigne for Churchmen certain Advocates who might protect defend plead the causes of the Church before the said secular Judges It is therefore very manifest by this Canon that Churchmens causes were then handled before the imperiall Judges 9. You blush not also to babble that Justinian usurped excessive or more then due and lawfull authority to frame penne and publish those his Constitutions But I must here be bold to tell you Hetrodox even to your face the judgement of infinite Councels and pontificiall Fathers more especially and by that name of Adrian 4. as hereafter shall better appeare carries a great over-weight in the scales or ballance of sound judgement in comparison of this your new and late upstart censure of a most christian and learned Emperour They never once dreamt of such a partiall verdict as you like a bold fore-man of a corrupt and frontlesse Jury have now presumptuously blurted forth No Sir no Iustinians Constitutions and those likewise of many other Christian Princes in the Primitive Church and age have been ever most cordially caressed with great and speciall humility even in ecclesiasticall matters and other occurrents of like nature and to what purpose To what end That sacred Canons confirmed by imperiall authority might go forth with flying colours to worke the deeper impression of due observance in the mindes and hearts of all People I passe over many examples and wish men to peruse but one Epistle of Pope Leo wherein he Petitions the Emperour Martianus to confirm the Chalcedon Councell and obtaines his Petition of the most gracious and noble Emperour when the pontificiall BP Church of Rome carried that respect humble observance toward Christian Princes which to their imperiall Crowns and Scepters appertaines in those times the Popes and the Church were held in great veneration and admiration withall But so soone as the Church grew to vilipend the R gall authority of Christian Princes into how great and grievous calamities hath she not fallen tumbled hath she not precipitated her former glorious estate What eclypse of her ancient lustre What spots and staines to her Primitive and Native beauty hâ—th she not suffered and indured Let men peruse the life of Boniface 8. of Alexander 3. of Gregory 7. of Julius 2. of Sixtus 4. of Clement 7. of Paul 4. and they shall see without helpe of spectacle or perspective glasses that by vilifying of Christian Kings and Princes the Church may put all her winnings in her eye like an unfortunate and unthrifty Gamester and see never the worse Thus much I wot well that Iustinian was deeply and excellently studied superlatively learned in the Lawes followed and frequented by men of incomparable knowledge and learning and the whole world hath pitcht his authority at a higher price and rate then the shallow judgement given out against his more then eminent gifts by whomsoever without exception Canonist or Cardinall Prelate or Pope 10. By Manus legum the hand of the Lawes for so I like to turne it for this turne you understand the secular Judge whereas before it hath bin shewed to be the lawfull execution of a sentence 11. You affirme the lawes imperiall thinke not scorne to second the sacred Canons and this you pronounce in the generall sence comprehension whereas the Emperour speakes of causes meerly ecclesiasticall and spirituall Besides you contend that the due practise of Iustinians Constitution and the practise of sacred Canons cannot concurre and stand together wherein also with your leave your selfe stands not in the right For doubtlesse the sacred Canons as wee hold are to be duely observed howsoever they beare nor sway nor weight of authority Nisi ex priviligio principum but by the force and vertue of Princely priviledge And in case they be grounded upon so stable a foundation and firm authority as you vaunt wherefore have you been so greatly overseen to make no demonstration thereof by some cleere text of holy Scripture For to transcend the walls or to passe the bounds limits of Princely power without consent of parties interessed is neither acceptable to God nor pleasing to man 12. You counter-poise a Frederick one living but yesterday in a manner against a Iustinian a Prince who reigned when piety with Discipline flourished in the Church like a green Bay Tree You parallel an Emperour of ordinary capacity and small knowledge with an Emperour the most compleat legist in all ages of the world a low shrub in such regard with a tall Oake or the goodliest Cedar in Libanon a Frederick with a Iustinian a Frederick who framed his foresaid constitution out of a cunning counterfeit or disgiused humour whereas never any Prince hath more abased the liberty of the Church and hath more brought it down as it were upon the knees then that Frederick hath whom for the same cause Gregory 9. was
it is to be clearly seen in Constantines own practise against Caecilianus the Bishop of Carthage whose cause being accused promoted by the Donatists Constantine himselfe durst neither sift nor touch but only ordered that Caecilianus and his cause should be transmitted to Rome and there should undergo the censure of the holy Father who then was Meltiades this was the practise of Constantine to confound the Donatists with an intention or mind to crave pardon of the Bishops for thrusting his crooked Sickle into other mens harvest and intruding himselfe into a businesse of that spirituall nature Optat. lib. contra parmen Aug. Ep. 48. 162. as forced or drawn thereunto by the violent necessity of the said cause witnesse Optatus Milenitanus and S. Augustine in diverse of his Epistles Orthod I never knew nor heard before this day that excesse of love and superlative praise in any sort or fashion whatsoever to a good end should merit the distastefull name of a lye Hath not Cardinall Bellarmine himselfe expounded the Canon Quicunque of Theodosius in the very same phrase and stile By name that certes Theodosius framed that Canon in the excesse of his piety But let us passe that circumstance and come to the maine of your last passage it will not be denyed that as in secular Causes temporall Princes may be called Gods even so Priests in spirituall causes may have the honour of the same name howbeit with your leave that text Deus stetit God standeth in the Assembly of Gods by Hetrodox late alleadged is understood of secular Princes and not of Priests as you Hetrodox would insinuate But seeing that Ruffinus you say hath recorded that Constantine tooke it in your sence Valeat quantum valere potest be it of what force or credit it may or can most certain it is that neither Ruffinus nor Constantine himselfe with all his greatnesse can hold water or weight with expositors of sacred Scripture howbeit from hence there can be made no firme and solid inference that Constantines words ad Dei judicium yea are doubtlesse reserved to Gods judgement are thus to be understood id est Prelati to the Prelates judgment because he exerciseth Gods judgement For Constantine there speaks without any termes of ambiguity waite you for the judgment of God alone reserve your causes and quarrels to tryall at his lâ—st and great Assizes for you are given unto us of God as Gods very unmeet it is that men should presume to judge Gods but he alone of whom it is written God standeth in the Assembly of Gods In which words first I observe that here Constantine hath an eye only to spirituall causes for so much as here he speaketh of Ecclesiastics not as men but as Gods by vertue of their spirituall power to bind and loose Secondly that he meddles not here with any humane judgement but expressely with the last judgement of God Thirdly that he speakes not of any God which makes the whole number of the Assembly but of the God who stands in the Assembly of Gods even of that God who is the supream and Soveraign Judge This of Constantine therefore is a kind of speech in excesse as before hath been said And as for your anticipation that when the Prelate judgeth God himselfe then judgeth by the Prelate and therefore not man but God himselfe is the Judge I must be bold to tell you Hetrodox it lacks just weight and therefore may not be allowed to go currant For by the same reason it shall hold good and strong that when the secular Magistrate sits in the seate of justice it is not man that gives judgement but God himselfe because the Magistrate is Dei Minister Gods Minister to take vengeance on such as do evill Moreover for so much as all Prelats yea the highest Bishop himselfe may erre saith Cardinall Bellarmine in many places which likewise is the common opinion yea and many times hath actually erred In judiciis facti in judgement of the Fact it is therefore not absolutely to be held that when they judge then God himselfe judgeth because it is impossible for to erre as it is to lye upon this exposition of Constantines words whether his own or the words of Ruffinus uttered by a straine of excesse in things not intelligible you runne into diverse errours 1. First be it in some sort granted that Priests are not lawfully to be tryed by the temporall Magistrate or secular Prince in such causes wherein Priests by Constantine are called Judges yet can it not be inferred without errour that in temporall and secular causes wherein Priests will they nill they are and must be Subjects they ought not to be judged by the same Prince 2. Secondly To affirme that God made Moses King Pharaohs Judge because he said to Moses I have made thee Pharaohs God what can it be but an erroneous misprision and a violent wrâ—sting of the holy text For God gave Moses no authority to be Pharaohs Judge in any sort whatsoever least of all was he armed with such authority as in the quality of a Priest But say that Moses was a Priest as wee Catholics believe and teach yet he was but Priest unto the Hebrewes Gods own people he had no authority over King Pharaoh an Egyptian and Idolater But because Moses with a Rod in his hand wrought so great miracles and wonders in the sight of King Pharaoh not possible by any Saint or devil to be done but onely by the finger and power of the true Almighty eternall God therefore it was that God said to Moses I have made thee Pharaohs God 3. Lastly you affirme Hetrodox wherein I wish you to take some sight and knowledge of your errour that Pope Meltiades had lawfull power to judge the cause of Caecilianus Bishop of Carthage because Constantine turned him over to the Consistory and Chaire of Meltiades at Rome I will not deny that civill and criminall causes may come to judgement before Consistorian Judges but when Forsooth when Christian Princes are graciously pleased by their Charters Commissions Grants and speciall Graces or priviledges to lay open such Gaps and to give such waies Much lesse will I deny that in causes meerly ecclesiasticall the Pope is to inflict and fasten correction upon Bishops and Bishops to take round courses against such as do stand within the reach of their Episcopall Verges but I must confidently affirme and stand to it like a man when all is done or said that in civill and criminall causes meerly temporall the Prince hath lawfull power from God to judge ecclesiastics when he hath not disarmed himselfe of his lawfull authority by some former gracious grant And this I confirme even by the very same act of Constantine which your selfe have produced and alledged For Constantine you say transmitted an act of power and authority the cause of Caecilianus unto the Pope and afterward himselfe sate upon Caecilianus in place of judgement All Ecclesiastics
other untruth be it heresie or errour howsoever I am directly of this minde it is flat heresie to stand upon termes of contradiction against so cleer a text of the divine Apostle Paul And lastly know this Hetrodox that man is a spider who weaves a spiders web to catch flies and poysons the springs or fountains of wholsome doctrine with venome of his own corrupt and false exposition know you moreover that Orthodox who now like the Bee sucks from the sweet flowers of Saints and chiefe pillars of the Church the most delicious honey of truth will never take pepper in the nose to heare himselfe blamâ—d on this wise sometimes your sweet honie Hetrodox turnes to bitter wormwood yea to deadly poyson to make false and erroneous doctrine burst all her bowels Hetrod Well Sir have you any more gall to spit up any more to say in confirmation of your first Proposition Orthod It is not I that will say the rest but Paul the Apostle who thus proceeds and subjoynes in the sacred text Rom. 13. Whosoever he be that resists the Power the same resists the ordinance of God here is clearly to be seen the authority of secular Princes to make lawes in any matter cause or subject whatsoever lawes obligatory to bind all degrees and sorts of persons Quicunque whosoever he be c. in full conformity to the words of God himselfe speaking thus in his own person By me Kings raign and law-givers or Princes decree justice From hence have sprung as from the prime roote many lawes in the Code made by Iustinian and Theodosius most christian Emperours concerning Ecclesiasticall persons their lands goods c. All which lawes the Apostle commands to be obeyed without resistance for so much as all that resist shall purchase and receive to themselves condemnation they runne and tumble into mortall sinne wherein if they shall finally depart out of the body without repentance in this life they shall be adjudged and condemned to eternall flames of hell Hetrod Where did Paul ever write or witnesse That secular princes have power to make Lawes in all matters and causes Lawes to bind all sorts conditions and qualities of people what shall Princes make Lawes for the manner and forme of saying Masse for binding Laics to say Masse and to make the vow of chastity for binding Priests to marry and instead of a Breviarie and a Portuis to weare a Fauchion a Skaine or a Sword Shall not all these be bound to shew and performe obedience if Princes have authority to make Lawes in all causes and in all matters yea binding Lawes for all persons iâ— when Lawes were enacted by Heathen or unbeleeving Princes that all people Nations Tribes and Kindreds should renounce Christ and offer sacrifice to Idols were they not bound then under the penalty of mortall sinne to obey the said Heathenish Lawes and Ordinances They were doubtlesse to my understanding though all Princes then were Infidels when Paul commanded the said obedience to Princes And yet Orthodox according to your new interpretation from Pauls precept or Apostolicall Canon it is forsooth to be collected That secular Princes have authority from God to make Lawes in all matters and lawes to bind all persons It may seem your wits are gone on wool-gathering that you perceive not how many errours flow from the source of your last speech and passage And yet you stick not here to come in with a strange and uncouth addition That your doctrine hath due and requisite conformity with King Solomons verdict in the Proverbs not discerning that Solomon there nips your new device in the crown or rather strikes it stone dead For he there bringing in the wisdome of God using these words viz. By me Kings raigne and Princes or Law-makers decree justice doth manifestly declare and shew That none but just Lawes doe proceed from the wisdome of God and that other Lawes many times enacted by Princes in matters which nothing at all concerne their dignities and imperiall places or established against persons not subject unto their secular authority or otherwise unjust lawes are but like puddle waters which run from the corrupt fountaine of their owne braine so not flowing from the spring which riseth in Gods bosome neither are the said lawes approved of Gods divine wisdome To the other addition which you make that Iustinian and Theodosius enacted lawes concerning ecclesiastical persons their goods lands Church-government or discipline it hath been already answered that in such their practise they exceeded the termes and limits of their power and whereas you affirme the Apostle commands obedience to their lawes you affirm a most large and no lesse manifest untruth or falshood for the Apostle there speaks in generall that he would have Subjects obedient to their superiors and whereas a litle after the Apostle brings in the example of secular Princes he speaks of Princes who in his time were Infidels and is not so to be taken or understood as if he did advise and teach Christians to obey such Princes I mean in lawes that concern the service and worship of God or the discipline of his Church but in civill and politick lawes alone and in temporall matters which lawes it was necessary then for christians to obey for the preservation of peace and unity as also to the end the Gentiles might not be carryed away with mis-credence or false beliefe and perswasion that Christian lawes or the lawes of Christ are opposite and repugnant unto the rules and reasons of civill or State government Orthod You thought my wits were gone a gadding and now I think your mouth runs over but I will stop the Fistula or the running issue of your mouth with a tent or two My meaning is this That Princes have power to make Lawes in all causes and matters Temporall but onely for the Public and Civill good and benefit provided alwayes their Lawes be just For it is alwayes presupposed That obedience is never due nisi justa praecipienti but when the Prince or State or other Superiors command things just and lawfull So that your late Consequences grow from a certaine misprision or wrong conception of my project purpose position and proofes For when I teach That a Temporall prince hath power to make Lawes in any or in all cases I meane such Lawes and such cases as are just conformable and agreeable to his power as also after the pattern and practice of his predecessors and other just Princes This was ever my meaning As for your exception taken to Justinians Lawes and those of Theodosius it shall suffice thus to answer in a word Their Lawes are sacred and have ever been reputed irreprehensible they were contrived and penned partly upon temporall grounds and subjects partly for the more strict observance of spirituall Canons and Orders partly for public benefit and yet did never any chiefe Bishop or High priest so kick and spurne against either of their Lawes as you Hetrodox have now
Boniface Now the last clause or closing up of your discourse is to this purpose That where the Apostle teacheth obedience to Princes he speaketh by way of precept not of counsell Very true he doâ—h so indeed but what is Pauls meaning Doubtlesse that Princes are to be obeyed of such as by lawfull title are in the state of their subjects as also in causes or matters to which the authority of the said Princes doth stretch and extend From whence it followes that Church-men are not bound to honour secular Princes with any such obedience because they are exempted but Laics alone are comprised within the said bond albeit in civill causes onely and such as impugne neither God himselfe nor his Church whereby the Christian world may cleerly and evidently see how deeply highly the Venetian Republic Anno 1606. offended the Divine Mâ—jesty not onely in committing Ecclesiastics in prison but also in using force and violence to compell as well them as Laics to infringe and contemne the holy Fathers interdiction a censure purely spirituall and ecclesiasticâ—ll Orthod I was never yet found a falsarie no coyner no corrupter of holy Scripture it is your selfe that patch up my garments with your owne rags and marre the Text with an Aurelian glosse I have not said before as you now lay to my charge That Princes are Gods Ministers Ad tributa to receive tribute Hetrod But you know and need not dissemble the shop and forge where thâ—se tooles were hammered Orthod You meane the Author of the 8. Propositions Hetrod The very same Orthod They are none of that Authors words but are suppositions or surreptitions foysted into his Text with a false finger of the Printer or of some other and yet are they justifi ble by the most cleere exposition of our great Master Thomas Aquinas whose words be these Pro ipso recipiendo serviente Princes are Gods Ministers to take up and receive tribute the very same with Ad tributa But I rest confident it was an error of the presse for to that Authors purpose it sufficed to say with Paul Princes are Gods Ministers the word Ad tributa neither mars nor mends the Authors meaning or S. Pauls In reason therefore it may not be conceived that ad tributa was of any set purpose added or sowed to the piece by the workmans needle neither need it seeme strange that ad tributa hath crept in there by the window through the oversight or negligence or false play of the Printer or as well may be suspected by a slie trick of cunning and skill Fâ—r the LL. Card. and Commissioners in the Index printed at Rome Anno 1606. have made declaration That many words have been shuffled and crowded in by the Printer through error on his part Cum in Appendice whereas in the Appendix of the second Classis under the letter I these words are found The Demonomania written by Joannes Bodinus borne at Aniou is expresly and totally prohibited for ever but his Book De Republ. and his Methodus are prohibited with a limitation by name untill they shall be purged and put forth by the Author himselfe with approbation by the Master of the sacred Palace it is bâ—leeved that all the said words inclosed here by Parenthesis are crept in through the error of the Printer Now if so long a thred of speech might drop or chop in per errorem Librarii through some error of the Printer it may be thought with more verisimilitude and with greater probability that ad tributa which makes but one poore single stitch was nimbly and slily drawn by the Printers errour into that learned Authors Proposition As for the words Ira vindicta wrath and revenge or vengeance they are in effect all one but because the word vengeance comes neerer to S. Pauls purpose and sense as also because the same Vindicta vengeance is a word used by many holy Fathers I therefore have the more willingly made choice thereof 1. You are also bold to affirm That no tribute is given to God there is one of your errors For I affirme with confidence that whatsoever is given to his Ministers is given to himselfe of alms here given to the poore our Saviour Christ will pronounce in the day of judgement Quod uni ex minimis meis Mat. 25. whatsoever you have given to any one the least of these my brethren yee have done to my selfe And saith not God himselfe in the same or like manner of almes and sacrifice Misericordiam volo non sacrificum I will have mercy and not sacrifice To the same purpose is it not in Saint Hierome Per hoc quod illis tributa datis Deo servitis In giving tribute unto your Princes you doe service unto God 2. You grant that Aquinas is on our side for this point That Clerics are exempted from payment of tribute by the speciall priviledges of Princes who graciously conferre their said priviledges upon a certain equity and yet you affirm Aquinas to hold that Clerics pay no tribute not because they are exempted by humane priviledge but by divine law To what purpose hath Thomas testified they pay no tribute by the priviledge of Princes if they be exempted from payment by the law of God Was it not sufficient for him to say they pay no tribute because they are freed from all taxations by the law of God But for so much as Thomas there cites the 47. Chapter of Genesis where wee read that King Pharaoh exempted the priest of Egypt from tribute who without question was not exempted by Gods Law because they were Idolaters he concludes à pari that Clerics are now exempted from tribute by the priviledge of Princes and not by the Law of God Iustine Matyr is positive in the same article that payment of tribute is due to the Prince by divine precept Vestigalia tributa c. the customes and tributes imposed by your imperiall Majesty in all places and before all other Subjects wee endeavour to pay as wee are taught and commanded by Christ himselfe for being asked whether tribute should be given to Caesar he made this answer Give unto Caesar the things that are Caesars For this reason S. Ambrose Bishop of Millan writing to the Bishop of Vercelli was moved to make this good and godly profession Si tributum petit c. If our Lord the Emperour be pleased to demand tribute wee will not presume to deny to withstand or to refuse his imposition the Church-lands must bow and stoope if there be no remedy to pay down upon the naile if the imperiall Majesty proceed to require the said lands it lyes in his power to make challenge thereunto let him take them from the Church if his mind and pleasure be absolutely and resolutely bent so to deale For my part with my good will I have no purpose to give them away unto his Majesty yet may I not deny or contradict his prerogative royall pleasure what would S.
Pilate was extended and stretched over Christ it grew out of Pilates ignorance who never knew the super-excellent dignity of Christ and gave sentence against Christ as against a private person of the same Country or Territory whereof then under Cesar he was L. President or chief Governour As if a Priest in these dayes under the name of a Laic and in a Laic habit should be brought by warrant before a Secular Magistrate or Judge he might be judged by the same power whereby he judgeth all other Laics yet doth it not follow that Priests are to come under the judgement of Laics or that Christ was to submit his neck under the yoke of Pilates judgement Orthod You deny that in the present garboyles at which you wrongfully charge me to aime there is any reference to the temperoll Kingdome and yet because you needs will draw me to the scanning of that point I say it is most notorious that in a manner the best Freehold of all temporall Kingdoms is thereby drawn into debatement I let passe your Thesis and will stand upon the Hypothesis Say the Pope now sends forth prohibition to any Christian King or temporall State that he or they shall not meddle with judging Ecclesiasticall persons running into delicts of nature meerly temporall and no way reflecting upon spirituall matters Againe that he or they shall not frame particular Provisoes or Lawes concerning Lands not hitherto acquired or accrued to Ecclesiasticall dominion In quae bonae nondum ipsis est jus quaesitum I now demand By what authority the Pope sends forth any such prohibition I hope not by any authority of Temporall Princes or States for he is not Lord Paramount in Temporalls of their Dominions and Territories By like then he doth it by his authority of universall Pastor Now because that authority of Universall Pastor as we hold he holds as the Vicar of Christ it was not impertinent or superfluous for me to shew but necessary to demonstrate what authority Christ himselfe exercised in temporall causes For Christs authority must be the onely rule of the Popes authority witnesse the words of Christs owne mouth As my Father hath even so doe I send you forth Joan. 20. In which words Christ communicated the authority of jurisdiction to Peter and the rest of his Apostles as by Card. Bellarmine himselfe it is confessed And moreover for so much as the Disciple is not above his Master nor the servant above his Lord Luc. 6. it serveth to draw from those words Paseâ— oves Feed my sheep That as Christ himselfe was no Pastor in Temporals but in Spirituals in like manner the Pope Iure Pontificatus in his right of Popedome hath do authority or dominion in temporall matters and in particular when the lawes temporall Non impedunt cursum ad vitam aeternam are no hinderance in the way to life eternall but establish a civill peace are directed and leveld to the maintaining and preserving of that State of that Liberty of that Dominion wherin particular profession is made of Christian Religion and of Piety as also to the conserving and upholding of publ que justice Now then if I to bring proofe of all this have laboured in the first place to shew what power our Lord Christ himselfe exercised in temporall matters then sure I have spoken home to the point and nothing from the purpose as you cavill Now I will have a bout or a course at your errours not as in a May-game or light skirmish but with Champion-like devoyre 1. You confesse that Christ never exercised any temporall power in this world and it is all that I either have affirmed or can desire to be confessed Neverthelesse you take upon you to teach that I looked not before I leaped because I should have subjoyned that Christ if it had been his good pleasure might by his power have exercised the said temporall power Now as I freely canfesse and acknowledge that in this point you are not our of the right way that if Christ had been so pleased he lawfully might have exercised the said power because he was not only man but also God natures being united in one person and actions according to that rule in philosophy Sunt suppositorum idiomata communicantur according to that rule in divinity neverthelesse whereas you pretend that all I have delivered of this point before is to litle purpose and from the purpose you are to take this for a short but yet for a sufficient and full answer that our present question is de facto a question of the fact non de possibili not a question of what might be or what was possible to be done Forasmuch as the Popes authority being founded upon Christs example the supream Pastor it sufficed to shew what actions Christ himselfe used for the feeding of his little flock and not medle with another new question what actions he was able to do if he had been willing For doubts any man that Christ was able by extraordinary power to worke the conversion of the whole world To sanctify the whole stock and race of mankind in the twinckling of an eye without shedding one drop of his precious blood Is there any thing impossible with God Luc. 1.37 But well assured that arguments drawn from possible to fact are of no force therefore I would not be so idle before to talke of what Christ was able to do in temporall matters but what he hath done in very truth 2. This again you have supponed that our Lord Christ as mortall man had lawfull dominion in temporall matters But Moldonate a learned Jesuite of your own Order in his exposition of these words My Kingdome is not of this world In cap. 27. mat hath learnedly and effectually proved the contrary it may by some perhaps be collected that Christ had the temporall dominion of the world three wayes as he was man 1. By right of inheritance 2. By right of creation 3. By authenticall testimony of Scripture where in many places he is called a King and that as he was man which in effect is thus much That Christ was King of this world either jure naturali by the law of nature that is by the right of inheritance or jure humano by mans law that is by right of election or jure divino by Gods law that is by authority of Scripture But first by right of inheritance I say Christ was no such King for albeit he was descended from the royall stock of Judah yet wee know that Kingdome according to the fore-threatning of Almighty God ended and came to the last period in Jeconiah and was a kind of particular reigning neither was Christ lawfull heire apparant unto any other King Next he was no King by election for it is not known that ever he was chosen King by the People but rather that he gave them the slip and went aside when he knew they intended to make him King It
the honour of Christ as if they were the Kings eldest sonnes that is exempted by the Law of God Who sees not here the great and notable discrepance between the spirit of godly Saints the blanched pretensions of our times But most of all it grieves and afflicts my mind to see and heare how men impose one thing upon the learned Saints and ancient Fathers when they teach another and the cleane contrary Iansenius in this place affirms That Exemption is Privilegium Principum secularium non jure divino the priviledge of Secular Princes and not by Gods Law 9. You run Hetrodox into the same error in citing the words of S. Augustine whose words be these Quod dixit ergo liberi sunt filii in omni regno intelligendum est libeâ—os esse Regis filios non vestigales multò ergo magis liberi esse debent in regno terrenâ— filii illius regis sub quo sunt omnia a regna terrae whereas therefore Christ hath said the children are free it is to be understood that in every Kingdome the Kings own children are no tributaries to pay any Subsidies Rents or Pensions How much more then should the sonnes and children of that King be free in a terrene or earthly Kingdome under whose footstool all the Kingdomes of the earth are couched S. Thomas expounding this passage useth a very direct and perspicuous answer Qui facti sunt Filii Dei per gratiam liberi sunt in quolibet regno secundum mentem à servitute scilicet peccati non autem liberi à servitute corporali In every Kingdome the sonnes of God by grace are free as touching the mind namely from the bondage of sin but not free from service of the body And here three things are to be noted 1. that S. August speaks not of Ecclesiastics as Card. Bellarm. pretends but of all Christians 2. That he speaks not of any liberty or immunity from corporall charges or burthens S. August Tho. in 13. ad Rom but speaks of spirituall liberty and freedome from sinne 3. That from this place Thomas collects wee have no liberty no immunity from God whereby wee are exempted from the dominion of temporall Kings in temporall causes Jansenius brings a better and more literall exposition of S. August words for he saith S. August reasons from the plurall number as Christ himselfe argues from the plurall neverthelesse it is to be understood of the singular number that is of Christ alone As for example suppose a son of the French King should say if in every Kingdome the Kings children be free from tribute much more then in the Kingdome of France ought all the sonnes of the King be free and therefore I ought So saith S. August that Christ spake unto Peter Jn omni regno liberi sunt regis filii c. In every Kingdome the Kings children are no tributaries but free then much more ought all the sonnes and children of that King be free in a terrene Kingdome to whom all the Kingdomes of the earth are in subjection and that is I ought much more to be exempted from paying tribute or Poll-money but lest wee should scandalize these Publicans and toll-gatherers or Collectors c. And this doubtlesse is the true exposition of that place wherein who can be so blind as not to see your ninth most manifest and palpable errour Hetrod No doubt Orthodox if some of your hereticall Sect where here now in place they would bestow upon you a ringing plaudite for acting your part so well in the defence of this dayes Proposition Orthod I confesse Hetrodox that after the way which you call heresie touching this dayes Proposition so worship I the God of my Fathers believing all things concerning this Article which are written in the Law in the Prophets in the Apostles in the holy Fathers writings not blurred nor abused with erroneous expositions and false glosses Errare possum Haereticus esse nolo subject I may be and am to errors as all men are your selfe Hetrodox not excepted with all your deepe Clark-ship but you shall never find me wilfully to persist or stick in any errour as heretics do by the grace of my God as I said before It seemes by your falling to reproachfull termes that you have no more Petarres to blow up the strong gates of my second Proposition or other Engines and Peeces of great Ordnance to batter the Walls and Flankers thereof will your courage and heart serve you to play with your Artillery to morrow morning to give a brave assault upon the Fort of my third Proposition Het In the word of a Generall it shall be done assuring my selfe of honour and victory in the action Orth. The houre Het At Sun-rise Orth. Agreed Sir Het At your service Sir The third daies Conference Orthodox THe houre is jâ—stly kept of both parts Is your gâ—t Ordnaâ—ce placed Then let us heare it â—ay Time you know is precious Hetrodox It shall presently roare and thunder to the raising of the Fort vainly fancied to be impregnable if you dare first give me leavâ— to take some view of your third Proposition Orthod Dare Hetrodox I dare and I doe Here is the true modell or plat-forme to lesse then a haire Take a full view thereof at your good pleasure Hetrod O strange what do â—here set First it purports that our Lord Christ never exercised any authority of a Temporall Prince Orthod I perceive Hetrodox there is neither Beame nor Pin and Web in your eye Indeed it purports no lesse and thereupon it inferres That Christ never left any such authority to St. Peter and his successours whom we Catholiques call his Vicar For the Vicar is never advanced to a higher degree of Dignity and Power then the chiefe and principall Commander himselfe even purchased and possessed before Lib. 1 sent De auct Papae Sotus and Cardinall Bellarmine looking into this matter thorow cleer Christalline Spectacles do much wonder to see the boldnesse of our Canonists who have the face to maintain without any reason or authority of the New-Testament That Papa est Dominus totius orbis directè in temporalibus the Pope in all temporall causes is the direct Lord of the whole World a Doctrine for certain full of scandall and built upon a sandâ— foundation Some Authors besides the Canons which will never hold weight in concurrence with Scripture do avouch Thomas of Aquine De Regim Princ. c. 10. and 19. That Papa est Dominus totius orbis in Temporalibus Spiritualibus the Pope is Lord of the whole World as well in Temporals as in Spirituals But by their good leave Thomas never had neither head or hand in the inditing or penning of that work I appeale herein to Card. Bellar. himselfe De potest Papae Bâ—sides divers others of his most certain conjectures this one is of strong sinewes and thereby carries the greater force He sets downe the Emperour Adulphus
as a Publicane where our Saviour gives Authority to Excommunicate but with a supposition of sin and of obstinate persisting in sinne Hetrodox Verily Orthodox you seeme to paire the nailes of Pontificiall power so near that you give me just cause to suspect you believe that our holy Father the Pope is but simple Priest or Curate without any lawfull Jurisdiction and that hee can doe no more but exhort to the obedient keeping of Gods Law as every ordinary Preacher doth or Baptise and confesse the people as every common Curate doth And so it seems you seek to revoke and to renew the Heresie of the Valdenses or Lionists of Wickliffe Mansilius of Padua and Iohn Huss which blind and pestiferous Heresie is caressed or embraced by all moderne Heretiques But I must come to a more narrow sifting of your words First You say the Popes power is meerly Spirituall To what end serves your meerlie was it not enough to say it is a Spirituall power was it not better to say it is principally Spirituall Navarrus whom you so highly commend Cap. Novit de judiciis and exhort all men to reade with diligence and great attention saith vâ—ry well that surely the Popes power is not meerly Temporall but he never saith it is meerly Spirituall as if the Pope could not in any sort shuffle and cut the Cards of Temporall affaires Nay hee further termes it a most eminent power which in it selfe being Spirituall and by consequence far Superiour to the Temporall both can and ought also to set the Temporall strait when it growes crooked or goes out of the right path And whereas our Saviour Christ said I will give thee the Keyes not of any Terrene Kingdome but of the Celestiall Kingdome or the Church of Christ hath said he that gives the Celestiall Kingdome takes not away Earthly Kingdomes or your selfe Orthodox hath said the Temporall Monarchie was founded of old from the beginning of the World surely none of all this makes either for the fortifying of your Sconce or to the weakening of my Campe For herein you affirme thus much and no more The Kingdome of Christ whereof Peter the Apostle received the keyes is no Temporall Kingdome which one cannot acquire but some other must lose but it is a Kingdome which governes all other Kingdomes without spoyling any man of that Dominion which by good just and lawfull right he holds Otherwise you might say as well that God himselfe hath no power over Temporall matters because God himselfe the giver of Heavenly Kingdomes is no robber and spoiler of mens Earthly Inheritances Againe you say Christ gave his Apostles and Peter a power but yet restrained Ioan. 20. and not without limitation that is a power over sinnes because he breathed on them all and said Receive the Holy Ghost c. This you cannot be ignorant is the Heresie of those who rob the Pope and the Church of all Jurisdiction an Heresie condemned by Christ himselfe in the very same place a little before the words now cited For before the words Quorum remiseritis c. whose sinnes ye shall remit shall be remitted he saith Sicut misit me Pater as the Father hath sent me into the World so doe I send you forth in which words he gave them absolute power and without limitation to governe the Church in his owne roome Hereupon Divines teach that in these words he gave the power of Jurisdiction in the other the power of Order And when afterward he said to Peter in the Chapter next following Pasce oves feed my sheepe doubtlesse he restrained not power to Absolution from sinne but hee gave a most ample power to rule and governe the whole Church For the word Pasce Feed is the very same in the Greeke language wherein St. Iohn did write his Gospell which is used in St. Iohns Revelation he shall rule them with a rod of Iron Apoc. 19. Mich. 2. as also in the Prophet as is translated by the Septuagint Ex te mihi erit Dux qui regat populum meum Israel out of thee shall come a Captaine unto me that shall rule my people Israel Mat. 16. So that by the usuall phrase of Scripture to make St. Peter a Shepheard or Feeder was to make him Ruler Governour and Prince of the whole Church So when Christ said to Peter whatsoever thou shalt loose or bind he restrained not the power unto sin nor unto the persons for he said not Quemcuuque but Quodcunque not whomsoever but whatsoever thou shalt binde or loose His meaning was to signifie and expresse an universall power of Binding and Loosing that is of commanding of making Lawes of Dispensing as it should be found needfull for the leading and bringing in of the Faithfull into the Kingdome of Heaven with most full and ample authoritie to enjoyne every man what he should believe and likewise to labour and to remove all the rubs blocks and impediments whereby they might be crossed in the way of Salvation as Cardinall Bellarmine hath declared at great length You give me thirdly to understand that our holy Father the Pope hath power onely over Soules and this you draw from that Prayer of the Church Deus qui Petro animas ligandi c. O God who hast given Peter the power of Pontificiall Dignity to bind and to loose the Soules of men If this Reason hath any force then secular Princes must have no power but over the Soules of their Subjects because Paul saith Let every soule be subject unto the higher powers And so either you make your selfe too simple as one who doth not consider that in Scripture the soule is taken for the whole man or else you seeke to catch the simple with words of holy Church not right understood And therefore perhaps the Divine providence to take away the like deceitfull sleights and flie shifts hath inspired the Reformers of the Breviarie to lib and geld the said Prayer of the word Soules which of old neither was found in the said Prayer nor ought at all there to be read because that Prayer was founded and formed upon the foresaid words in the Gospell whatsoever thou Peter shalt binde and whatsoever thou shalt loose Last of all you contend that power to excommunicate is conditionall presupposing sin and obstinacie in sin This Doctrine is both new and false you are not able to produce any Author that ever so taught Sinne I confesse must be presupposed for Excommunication is a punishment and the most grievous the most dreadfull of all other so that no sinne committed no punishment by Excommunicarion can be inflicted Disobedience also otherwise called contumacie is I confesse againe presupposed a sinne and to Excommunicate every sinne gives not sufficient warrant but only that sinne which is cloathed or clogged rather with Contumacie For Christ saith Si Ecclesiam non audierit If he will not heare the Church The censure therefore of Excommunication cannot be denounced against
you shall affirme it is no new Doctrine you shall be sure to find none other Authors Fautors and followers of this Doctrine but Heretiques and in particular Martyr a Lutheran upon the 13. chapter of St. Pauls Epistle to the Romanes Orthodox I have made no long Repetition but onely a short remembrance of some former speeches what need such a hot reprehension for putting you only in mind what I have said before Now then Sir your Errors 1. In defence of your opinion de Iure divino you find no place of Scripture to warrant your assertion whereupon you fall into this new and strange Doctrine that Exemption holds by the Law of Nations and that Law of Nations is Law Divine or the Law of God No marvaile for I suppose you have spoken this to please your selfe and flatter others against one who of late hath written according to the Doctrine of the best Authors In such a mind how could you doe lesse then fall into such a Noveltie 2. You affirme the Doctrine of repealing and revoking Priviledges in case of necessity is not approved by the foresaid Authors By your leave Hetrodox it is not onelie by them approved but likewise by all that handle the matter of Priviledges and yet are not so to be ranked and reckoned with Machiavelists which Sect is more dispersed and scattered in other Cities and States I will not say in Rome then it is in Venice where the Lords aime at none other marke but publike Tranquilities Religion Justice and in case of necessitie to represse force by force and strong hand All which things and actions are permitted by God himselfe by Catholique Authors and by the Law of Nature which in case all the writers in the world should bind their pens to the Peace and condemne them to perpetuall silence would 〈◊〉 unto us a Law Rom. 2.14 3. Yâ—â—â—eject and reprove the Division into the Law of Nature Canonicall Priviledge of Princes and Custome whereas all Authors make the same Division to the very same purpose and in very truth it is very necessary 4. Whereas the Text of St. Paul is manifest All power is of God Rom. 13. â—â— Sap. 6.1.2.3 and that other oâ— Solomon Here therefore O ye Kings c. for the râ—le is gâ—ven you of God and power by the most High All this notwithstanding you doe not blush to affi me â—ha◠〈◊〉 have proved the poweâ— of Princes over their Laick Subjâ—cts is not by Gods Law but by Mans Law and much lesse their power over Clerics It is not possible to speake of Exemption in such broad termes and not speak against Scripture inspired by the Holie Ghost 5. You say the Power of Princes may be taken away and diminâ—shed by the Canons I take this to be false de Jure and never taught by any judicious Divine The Pope will some Divine say may admonish and exhort a Prince to admit and receive his Canons of immunitie but I never yet read in any Divine that Popes have Power to force Princes when the Canons treate of matters neither Spirituall nor just yea St. Bernard reproves Pope Eugenius with a Quid alienos fines invaditis si volâ—s utrumque perdes utrumque Why will you thrust your sickle into another mans harvest If you will flourish with both Swords you shall beare neither of both 6. True it is that Popes have power to make Canons concerning Exemption and other matters Howbeit no Canons can challenge or carry any force where they are not lawfully published and recâ—ived For all Canons are Lawes of men according to all the Doctors which to bring in and impose obligation do necessarily require the two-fold condition of lawfull publication and generall acception Therfore the sacred Councell of Trent binds not in some Provinces because it was neither lawfully published nor admitted and received in the said Provinces as other Canons in some other Provinces Hereof none of the Dâ—ctors to my knowledge at least hath ever doubted Sotus Nâ—varrus and Conarruuias require beside the Canon the consent of all that are interessed The reason Because when the Pâ—pâ— not being otherwise Dominis totius orbis in Temporalibus Jurâ— Divino Lord of the whole World in Temporals by Gods Law makes anie Canons prejudiciall to Lâ—ick Jurisdiction it is nâ—câ—ssary to make them stand in any force and verâ—uâ— for the said Canons to be protested by thâ— content of him that is Lord of the said Jurisdiction otherwise there would be found in the said Canons a meere Nullitie This Doctrine is held for most certaine by Conarruuias by Sotus by Navarrus by Medina Navar. cap. Novit and all those who treate of this matter upon the safest and firmest foundations 7. You contend that Princes cannot diminish the Authority of Canons received True so teacheth Sotus and Conarruuias but here is to be understood this word Ordinarilie and because they have given their consent for the admitting and receiâ—â—â—g the said Canons it is not fitting for every light cause and â—rifling occurrent to deprive them of Priviledge Howbeit none denies that in case of necessity the Priviledge may suffer derogation and admit diminution yea Popes themselves daily use to derogate from their owne Priviledges 8. Lastly you come on with a false and crooked inference and be sprinkle me with villainous waters or at least mine Author and me in him In which veine of reproachfull termes I forbeare to follow your Example and will onely conclude that my Authors Doctrine is true in the Superlative Catholique grounded on holy Scripture and Fathers of the Primitive Church whereas your Doctrine Hetrodox and your Masters Cardinall Bellarmine merits those Epithets which the Judicious no doubt will marke and brand it withall if ever this my Defence may be so happy to come in their sight Hetrodox By this full conclusion it seemes Orthodox that you have done with all your Propositions in Thesis Orthodox You guesse right Hetrodox But have you any humour to heare the Doctrine of the rest in Hypothesis at large confirmed Hetrodox I have in earnest for so hideous is their aspect at first sight that I am almost astonished therewith and am wrapt with a kind of wonder to thinke what can be well spoken in their Defence Orthodox I purpose to dispatch them all three to morrow in one day Be stirring early for wee will make no more daies and spend no longer time in Conference The sixt daies Conference upon the sixt Proposition Orthodox I Am glad to see you Hetrodox thus risen with the Larke We have three large and long courses to run in this one day And therefore I will presently set forth E. carcoribus Hetrodox Be it so and I will run close so long as my breath shall hold without breaking my winde Prop. 6. Orthodox Then heare the sixt Proposition The Venetian Prince is the lawfull and naturall Signor of the Venetian Sâ—â—e He never knew any Superior in Temporals but God himselfe He makes
VII for the sins of King Boneslaus interdicted the whole Kingdome of Polonia excommunicated the King and deprived him of the Regall Title The King persisted indurate and impenitent God punished the King first by making him underprised or despised by his owne Subjects and abhorred by strangers This potion wrought not upon the King God sent a second scourge by raising Rebellion in some part of the Kingdome with great dissentions and seditions in the rest This Medicine also tooke no effect God sent a third scourge made the King runne as it were out of his wits wander thorow Woods and wild Forrests of Chase with his pack or kernell of hounds at his heeles fall downe suddenly dead and suddenly to be devoured by his owne dogs Such was the horrible end of this King for despising the Excommunication and Interdict of Christs Vicar though the King never had the heart never presumed to command the Interdict should not be observed by his people or Subjects The Emperour Ludovicus Bavarus made the same end He despised the Censures of Pope John XXII and after that of Pope Benedict XII His own horse upon a time fell upon his body by mishap and at unawares and so he suddenly dyed without anie time to be absolved of his sins and from the said Censures The same God is now that was then and of the same Omnipotencie which then he had So that if Almightie God hath so severely and rigorouslie punished those who forced not others to despise the Discipline and Censures of the Church but onely have themselves in their owne persons despised the power and Authoritie of the Keyes What marvaile if in these times present he shall punish those who not onely themselves despise the said Censures but likewise by threatning of death compell and inforce their Subjects to despise the same Let us therefore be obedient to the voice of the Holie Ghost in the Psalmes Psal Ps Ps To day if ye will heare his voice harden not your hearts and elsewhere Touch not mine Annointed and yet elsewhere Be wise now therefore ye Kings be lâ—â—â—ed ye Judges of the Earth lay fast hold on Instruction least he be angry and ye perish in the way Orthodox There speakes not an Angell but indeed the Spirit of God If you Hetrodox will lay hold on this Instruction you should be sure not to perish in the way But my Proposition you say is false because it is drawne out of false Principles which you have battered with your Pieces downe to the ground No such matter Sir they stand as firme and stedfast as ever they did There is no necessitie to make repetition of my former Defence and therefore I will hasten to make Demonstration of your Errours 1. You confound two severall Actions of great Disparitie the Action of a Superiour Judge who in the Tribunall Seate of Justice doth judge the Sentence of another Judge inferiour and subject unto himselfe to be void and of none effect and the action of a private person who thinkes and holds the same sentence of the same Judge to be of no validitie because he judges it such by certaine evidence and assurance concerning the Nullitie thereof The first Juridical Action cannot be exercised but by one to whom the foresaid Authoritie and Superioritie doth properlie belong the other Action may be exercised by anie one of mean and common judgement Now Sir the Prince of Venice doth judge esteeme and hold the Censures of his Holinesse to be forcelesse and fectlesse not as Judges Superior to the Pope in Causes of that Nature but as those to whom it is lawfull and permitted by the cleere and manifest evidence of the Fact it selfe to hold and esteeme them for no better This being lawfull for all private persons must needs be much more lawfull in Princes for the conservation of Libertie Peace and Religion in their severall States 2. Whether a Sentence be unjust and in state of meere Nullitie or no credit you say should not be given to the Delinquent or Malefactor but rather to the Judge I have not affirmed that either the one or the other should be credited For both may be interessed and blinded with passion But I onely affirme That he should be credited who discovers and manifests the truth of his Assertions by certaine and evident reasons And in so doing he doth not sin or offend because he doth not anie thing unlawfull or unpermitted Neither can anie power whatsoever controule or curbe his judgement and restraine his free opinion from affirming a thing to be certaine whensoever by the certainty and evidence of strong reasons he is induced to affirme and hold the said opinion nor the judgement or free opinion of those to whom the said certainty and evidence is apparent from affirming and holding the same opinion I say moreover that howsoever those upon whom any unjust Sentence is executed with force and violence cannot shun or avoid the execution thereof neverthelesse they may in publike declare their griefe and sorrow for such injustice and yet shall remaine quit from anie merit of blame No more are those to be blamed who lay open to the whole world the Nullity and Injustice of a Censure published when it is lawfull for them not onelie to hold and affirme the said Censure to be invalid and unjust by the cleer evidence of the Fact but also to refraine from the observation of the said Censure 3. You presume to say the Religious of Venice by departing out of the City and abandoning the same have not given any scandall to the Church or State or other private persons you shall not now heare anything of mine own invention Head or Braine but onely whaâ— with mine Eares I have heard the scandalized people not mutter and mumble betweene the teeth but manifest in bread termes of Speech The people say that some few Religions in the City should not preferre and prize their owne judgement above or before the Cathedrall Church the observance whereof was given to the Religious by the sacred Canons for a Rule of observance in the matter of Censures and should not by their Example condemne others no lesse learned and Religious then they presumed or perswaded themselves to be Secondly that little handfull of Religious forsooke the City as men ambitiously gasping after Chapters and Bishopricks to gaine and purchase grace at his Holinesse hands and not as men thinking and in truth perswaded the cause to be just on the Popes part Thirdly that whereas the Religious had been alwaies before defended protected and succoured in all their necessities by the Prince they did ill to declare themselves wanting in Loyaltie and Fidelitie to the Prince in a Temporall cause and wherein the Prince himselfe wanted neither good â—or important Reasons of State Fourthly their profession was nothing agreeable or correspondent to their Fact For they made profession to go into the most remote Regions and Countries amongst the Indians and Heretiques partly Ethmics