that in this place as must signifie equalitie or identitie not similitude New-yeares-guifte Pag. 106. as VViddrington in his Newyeares-guifte confesseth that sometimes it doth in regard of the matter And so by this Clause wee are to abiure that Position not as like to heresie but as all one with heresie trulie heresie Thirdlie it is at least doubtfull least this may bee the sense to witt that the position is truelie heresie speciallie seing that the wordes and manner of speeche as WIDDRINGTON confesseth are to bee taken in the Common sense and according to the Lawemakers intention ergo this is a clause not to bee digested by anie tymerous conscience nor by any other then by an all deuouring conscience The Fift Clause And I do further beleeue and in conscience am resolued that neither the Pope nor any person whatsoeuer hath power to absolue me of this Oath Sayrus in Claui Regia li. 6. ca. 11. n 7. Lesfius li 2. de iust et iure cap. 40. dub 17. num 114. Arragon 2.2 q. 88. art 10. in expl art §. his cōstitutis Psal 75. or any part thereof 55. In this Clause first is abiured all power to dispense in oathes and vowes which is hereticall it being a matter of faith conformable to common consent and to the Canons and practise of the Church that the Pope can dispense in oathes and vowes when there is iust cause And if in other oathes why not in this VViddrington perchaunce will answere that this Oath of Alleageance bindeth by law of God and Nature in which the Pope cannot dispense But he cannot be ignorant that all oathes and vowes do bynde by law of God and Nature according to that Psal 75. Vouete reddite Vow and render And yet if hee will be a Catholicke he must confesse that the Pope can and often times hath and doth dispense in some oathes and vowes as in a vow to make a longe pilgrimage or to giue a summe of mony to a Church or Monasterie which are temporall things though ordained to a spirituall end and why then can he not dispense in this for a good end to wit conseruation of faith and vpon iust cause as certes if euer there be iust cause to dispence then there is when the Prince with intolerable Tyrannie persecuteth faith and Religion 56. And therefore VViddrington should call to minde that distinction which Diuines vse in this matter to wit that there is duplex ius dininum naturale Sanchez lib. 2. de matrim disp 14. n. 5. ad 4 lib. 8. disp 6. n. 1. a two fold diuine and naturall law or right The one is absolute deriued onely from God and Nature the other supponit factum vel voluntatem humanam that is supposeth some fact or will of man Of this sorte are oathes and vowes which binde not absolutely but only supposing some fact or will of ours by which wee sweare or vowe what otherwise we needed not And although in all such things the Pope cannot dispense for he can not dispense in matrimonie consummated nor in matrimonie betwixt brother and sister nor in pluralitie of wyues which yet suppose some fact or will of ours yet he can dispense in vowes especiallie simple yea and in those that be solemne also as many Diuines do probablie holde He can also dispense in oathes alreadie made when there is iust cause for seeing that these vowes and oathes suppose our free will and consent and are such also as it is expedient that the Pope many times should dispense in them such as is not matrimony consummated nor mariage betwixt brother and sister nor pluralitie of wiues because if once dispensation in these were graunted it would occasion many fornications and aduoutries Sanchez lib. 2. de matrim disp 13. n. 11. lib. 7. disp 52 n. 11. disp 82. num 9. Vide etiā Bellarm li. de matrim ca. 10.16 28. as Sanchez and others obserue it was necessarie that CHRIST should leaue such power to his Church and especially to his Chiefe Vicaire the Pope by which he might take away the obligation of these oathes and vowes which in some circumstāce of times and persons can not so easily nor so conueniently be fulfilled and obserued So that to sweare that the Pope hath no Authoritie to dispense with a subiect in his Oath by which he hath sworne fidelitie to the King where as notwithstanding when the King is an intollerable Tyrant there is good reason In Disp Theolog. ca 6 sect 1. n. 2. and iust cause of dispensation were in effect what soeuer VViddrington affirmeth to abiure all Authoritie of the Church in dispensations For although it be no good Argument to argue à particulari ad vniuersale and to say The Pope can not dispense in this Oath ergo in none yet when there is the same reason of the particular which is in the vniuersall then to deny the particular were to deny the vniuersall And therefore as to say Peter who is a man as well as others is not risihilis were in effect to say that nullus homo est risibili so seeing there is the same reason of this Oath to Wards the Prince which is of other oathes he that denieth that the Pope can dispense in this Oath denyeth also in effect that he can dispense in any oath at all 57. This power which the Pope hath in dispensing in this Oath I confirme by all that which aboue I haue alleaged to proue that the Pope can depose Princes and absolue subiects from their alleageance and euen by the power of binding and loosing Mat. 18 which though ordinarilie it be vnderstood of loosing from sinnes and censures yet it is also extended to absolution from alleageance when it is necessarie to the Churches conseruation as aboue I haue shewed not only by Cardinall Bellarmine whose aythoritie VViddrington should rather reuerence then contemne but also by auncient Popes whose testimonies in this kinde ought to counterpoize all contrarie asseuerations they being in a matter of so great importance vndoubtedly illuminated by the spirit of trueth and deliuering the right sence of the Holy Ghost as his Chiefe and infallible interpretes 58. To this WIDDRINGTON answeareth Disp Th. cap. 6. graunting that although the Pope cannot dispense in iuramento assertorio of which noe man doubteth yet he may in iuramento promissorio a promissorie oath because the thing which we promise for the future tyme may prooue hurtfull or vnlawfull And seing that the things promised for the future tyme in this Clause are three 1. That I will keepe fidelity and obedience to the King and his heires notwithstanding excommunication or depriuation 2. That I will defend him and them with all my forces against all conspiracies made against them and theire Crowne and dignitie 3. That I will reueale all such treasons and trayterous cōspiracies c. He sayth I may as safelie and securelie sweare without all daunger of periurie that
as God preuented the Iewes and whereas they by lawe of Nature had permission to choose their Kinges yet for their greater good he chose thē one him selue immediatelie so although by the lawe of Nature men otherwise might haue prescribed the manner of worshipping God and the worship had been lawfull so that it had been the worship of the true God and had been free from superstition yet because God hath ordained vs to a supernaturall end and would haue our Ecclesiasticall gouernment free from all superstition he hath himselfe appointed the manner of gouernment and hath giuen the Authoritie So in the lawe of Moyses he chose the Tribe of LEVI to serue in the Tabernacle and Temple and to menage Ecclesiasticall matters he instituted also sacrifices sacramentes and Ceremonies in like sort in the new lawe of Grace vnder which we liue he committed the gouernment of his Church to the Apostles and Disciples only and their successours he instituted seuen Sacramentes and a sacrifice he gaue vs a lawe and beleefe which first he deliuered by preaching then by the written Ghospelles and Epistles of his Apostles and other thinges he committed to the Church which he had instituted and established 5. So that as there is a Ciuill and Temporall Power residing in the Common wealth by which the Prince or Magistrate can gouerne and rule and cōmaund for the conseruation and promotion of the Temporall good of the same so is there a spirituall and Ecclesiasticall Power residing in the Church by which the Pastours haue Authoritie to preach teach administer Sacraments determine of matters of Religion to call Councelles for the better clearing of matters and enacte lawes which shall be thought expedient vnto the honour of God the spirituall good of the Church and euerie ones saluation And this is called Ecclesiasticall power which is distinct from the Temporall in many pointes 6. First in respect of the end and finall cause for Temporall power of it selfe aymeth only at Temporali Iustice peace and conseruation of the Temporall state of the Kingdome or Common wealth Ecclesiasticall power intendeth in this life the spirituall health of the soule and eternall rest and peace in the next Secondlie these powers haue diuers Actes and seing that powers are distinct by their Actes it followeth that Temporall and Ecclesiasticall or spirituall power are distinct That they haue distinct Actes it is manifest for the Temporall power maketh lawes for this corporall life and Temporalle state but the spirituall and Ecclesiasticall power maketh lawes for the soule and her direction the Temporall power remitteth the paines only of sinnes but the spirituall Power remitteth the sinne it self according to that Ioan. 20 Quorum remiseritis peccata c. VVhose sinnes you shall forgiue c. The Temporall power inflicteth and remitteth only Ciuill and Temporall punishments as imprisonment banishment temporall death but the spirituall power as now it is for in the old law there was not Potestas Clauium excommunicateth suspendeth interdicteth which are spiritual punishments and bonds of the soule and remitteth not only these paines but also eternall death and paine of Hell for when the Priest remitteth mortall sinnes he chaūgeth eternall paine into temporall yea some times when the Penitent cometh with a great contrition he remitteth both Eternall and Temporall Thirdly they differ in their obiectes for the spirituall power disposeth not of Temporall thinges but only as they are necessary to the spirituall The Temporall meddleth not with spirituall nor Ecclesiasticall matters according to that of S. AMBROSE S. Ambr. lib. 5. ep 33. ad Marcel soror Ad Impetatorem Palatia pertinent ad sacerdotem Ecclesiae Publicorum tibi maenium ius commissum est non sacrorum To the Emperour Pallaces appertaine to the Priest Churches to thee Emperour the right of common Walles is committed not of Churches And NICHOLAS Pope in an Epistle to MICHAEL the Emperour Ca. Cum ad verū dist 96. Vide etiā ca. Quoniam d. 10. Nec Imperator iura Pontificum arripuit nec Pontifex nomen Imperatoris vsurpauit quoniam Christus sic actibus propriis dignitatibus distinctis officia potestatis vtriusque discreuit Neither hath the Emperour taken to him the rights of Bishops neither hath the Bishop vsurped the name of the Emperour because Christ hath distinguished the offices of both by their distinct actes and dignities Fourthlie they differ in respect of the subiect and materiall cause for although it be not impossible for these two Powers to consort in the same subiect for we see they did in Melchisedech and in the first begotten of the Iewes in the law of Nature and in the Machabees who were Priests and Princes and consequentlie had temporall and spirituall power yet as in other thinges these powers are distinct so God not only in the law of Grace but also in the law written of Moyses would haue these powers placed in distinct subiectes and Persons 2. Paral◠19. For in the law of Moyses AMARIAS menaged matters of the Church law ZABADIAS gouerned the affaires of the Kingdome the Kinges and Princes of the Iewes were of the Tribe of IVDA the Priests of the Tribe of LEVI and those gouerned onely the Common VVealth enacted Temporall lawes waged battaile c. whereas the Priests ruled it matters of the Tabernacle and Temple offered sacrifice and gouerned the Synagogue And now in the law of Grace Christ gaue all spirituall power to the Apostles and their successours and not to Princes for to the Apostles and their successours it was saied VVhatsoeuer you shall bynd vpon earth Mat. 18. shal be bound in heauen and whatsoeuer you shall losse vpon earth shal be loosed in heauen To Princes it was neuer sayd so To the Apostles and their successours it was sayd Ioan. 20. Whose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained To Princes neuer To S. PETER an Apostle and Priest it was sayed Mat. 16 Thou art Peter and vppon this Rock will I build my Church To no Prince was it euer sayd in that sort To Apostles and Priests Christ sayed Matth. vlt. Goinge therefore teach ye all Nations baptising them in the name of the father the sonne and the holy Ghost To Princes neuer To Apostles and Priests Christ said Ioan. 6. As my liuing father hath sent me so I send you that is to preach to minister Sacramentes and to gouerne the Church Ephes 4. To Princes neuer To the Apostles Doctours Pastours Prophets Christ committed his Church to be gouerned Act. 28. to Princes neuer To Priests S. Paul gaue this admonition Attendite vobis vniuerso gregi in quo vos Spiritus Sanctus posuit Episcopos regere Ecclesiam Dei quam acquisiuit sanguine suo Take heede to your selues and to the whole flocke wherin the holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased
that hateth This I am sure I giue you no other counsell then I would follow my selfe who haue that opinion of the vnlawfulnes of this oath that I would loose liuings libertie and life rather then take it not that I would not giue that to Caesar which is due to Caesar but that I would not take from God which appertaineth to God not that I neglect a temporal life and state but that I preferre the spirituall not that I despise the Prince to whom I acknowledge all tempor all obedience and honour but that I honour the Pastour who hath the rule of my soule not that I regard not the Common wealth but that I desire to liue and dy an obedient sonne of the Church not that I feare not them who can kill the bodie but that I feare God more who can kill the soule Matt. 10. 23. And my intention and proiect I protest of dedicating this Treatise vnto you was not to irritate any Prince but onlie to declare his Authoritie and office not to flatter any Prelate but onlie to defend his right not to increase your persecution but to ridde you of this Anathema which hath prolonged it not to adde affliction to affliction but courage to your fainting and comfort to your griefes to helpe them to rise that are sallen and to confirme them that stand that they may the better keepe their standing And this being my sincere intention I hope not onlie you but all others who shall peruse this booke will make their profit of it and interpret it in that good meaning which the Authour intended Our Lord IESVS for whose cause you endure either ease you of this burden of aduersities vnder which you grone or giue you strength to beare it comfort in bearing and make mee a follower of your rare examples an Imitatour of your patience and partaker of your merits as you shall euer be of my poore prayers and small labours A Preface To the Reader GEntle Reader I did not thinke to haue set out this little booke the second tyme much lesse did I intēd to adde any thing vnto it And although Widdrington in his New-yeares gifte hath of late here and there glanced against some words and speeches of myne where he imagined most aduantage yet I thought as I see other learned writers haue done to haue quite giuen him ouer and not to haue made the least replye as not being desirous to contend with such as are resolued not to yeelde hauing other businesses to many where with to occupie my self But the Printer who first tooke this booke in hād and other friends also īportuning me to let it come forth againe and alleadging that the copies of the first Edition were all spent and yet moe demaunded I was cōtent volens nolens yeelding herein more to importunitie then to myne owne inclination to publishe it once more and vpon this occasion of this new edition to adde here and there something either for a more ample explication or for answer to Widdringtons obiections I was willing I confesse and forward ynough the first tyme to write of this subiect For although as by an accident I was one of the last who wrote in the defence of this the chiefe visible Pastours Authoritie now in Englād impugned so I counted my selfe amongst the least yet as when an house is set on fire some carrie water others ladders and euerie one repayreth thether to shew at least his good will to extinguish it So in this Cōbustion in which not onlie Heretiques but also some of them who make profession of the Catholique name doe endeuoure to put fire euen to the secundarie foundation of God his Church to wit the chiefe vifible Pastours Authoritie I thought it the part of euerie zealous Catholicke to runne to the extinguishing of this fire for though all haue not the like dexteritie yet all may shew the like good will Which I hauing performed in the former Editiō of this little booke according to my abilitie I thought to haue surceased had not importunitie of friendes ouercome mee And therfore after this as I meane not to dispute any more of this point with thē with whōe as I gather by the repulse which greater men then my selfe haue receaued there is little hope to preuaile so I wish all Catholiques seing that they haue hearde their chiefe visible Pastours sentence to leaue of all Disputation touching this his Authoritie and simplie and humblie to obey his commādement and consequentlie to acknowledge the sayd Authoritie to refuse the Oath by him cōdemned and yet to obey the King our Soueraigne and Liege Lord in all ciuil and temporall causes to be faithfull to him and his Royall posteritie and to pray day lie for his maiesties longe and prosperous life that he may liue lōge to vs alwayes to God and so raigne longe in the Kingdome of England as he may raigne for euer in the Kingdome of heauen The Contents of the Chapters BY way of introduction it is shewed that there be two powers in the Church the one Ciuill the other Ecclesiasticall which are both necessary Chap. 1. Some Ciuill povver followeth immediatly from God and nature Regall povver proceedeth immediatly from the peoples election and Donation mediatly from Gods ordination Soe that after the election of the people and reception the king is superiour who may Command and bynde in conscience the people are subiects bound to obey Chap. 2. Ecclesiasticall power is also of God and is distinct from the Ciuill Iurisdiction which also all members of the Church are bound in conscience to obey Chap. 3. These two Iurisdictions and powers Ecclesiasticall and Ciuill are compared and conferred and the preeminence is giuen to the Ecclesiasticall Chap. 4. Ecclesiasticall and temporall Peeres and Princes are compared together and out of the Comparison is gathered that not only priuat laymen but euen temporall Princes though otherwise absolute are subiect to the Pastours of the Church and especially to the Supreme visible Pastour as is prooued by many arguments Chap. 5. That Princes Kings yea emperours haue no authority to gouerne the Church or to make Ecclesiasticall lawes neither are to be accounted heads or Superiours but subiects of the Church though protectours and defendours and therefore are modestly admonished of their duty and office Chap. 6. Although the Pope be not direct temporall Lord and Superiour of the world nor of any part therof by Christs expresse guift and donation but only of the patrimony of Sainct Peter giuen him by Constantine the Great and other Catholicke Princes and confirmed by the consent of the Christian world yet by the spirituall power which Christ gaue him in his predecessour S. Peter 10.21 he may dispose of temporall things and euen of kingdomes for the good of the church and conseruation of her and her faith right and the manner how and in what case he can thus dispose of temporalities is explicated chap. 7. By diuers places and
indifferent and not otherwise forbidden Fiftlie Mat. 18. Christ gaue authoritie to his Apostles to loose and bynd by excommunications suspensions and interdicts which actes of Iurisdiction are the spirituall bands and Censures which the Church layeth vpon rebellious Christians as Diuines and Fathers interprete Which power Saint Paul in his second Epistle to the Corinthians insinuateth saying If I come againe I will not spare and againe These things I write absent that being present I may not deale hardlie according to the power which our Lord hath giuen me vnto edification and not vnto destruction 1. Cor. 4. 1. Cor. 5. D. Th. in hac loca Gregor Nyssâ—in orat aduersus eos qui agre ferunt reprehens Chrysost hom 60â— ad pop Ant. Hieron ep 53. And in his first Epistle he sayth VVhat will you in rodde that I come to you or in charitie and the spirit of mildnesse And againe he in absence by his letters and mandatum excommunicateth the incestuous person and deliuereth him vp to Satan Out of which wordes Saint Gregorie of Nisse and Saint Chrysostome do gather the power of Excommunication As also doth Saint Hierom who marueileth that the Bishop in whose Diocese Vigilantius liued did not Virga ferrea confringere vas inutile tradere in interitum carnis vt spiritus saluus fiat With an iron rodde breake that vnprofitable vessel and deliuer him to Satan for the destruction of the flesh that the spirit may be saued So S. AVGVSTIN Aug l 1. de pen. cap. 14. so all Fathers so Caluin him selfe vnderstand this place of the power of Excommunication though Caluin will haue onlie the Presbyterie and companie of Seniours not any one alone to excoÌ„municate contrarie to the expresse text which telleth vs that Saint Paul alone absent did excommunicate and deliuer vp to Satan VVhere is to be noted that by excommunication stubbern Christians are saied to be deliuered vp to Satan either because they are cast out of the Church where Satan domineereth or else for that they are depriued of the suffrages and helpes of the Church and so more exposed to Satans tentations or lastely because in the Primatiue Church the Deuil by and by seazed and tooke poslession of the person excommunicated 10. Sixtlie as because the law of Nature could not determine particulerly of all particulers Ciuill power was necessarie to gouerne the Communitie and enact lawes conducing to the Temporall state so because God his law hath not determined all particulers it was necessarie the Church should haue power to call Councelles tomake patticuler lawes according to the times and other circumstances 11. Seuenthlie euerie absolute Common wealth hath power in the Prince and Magistrates to gouerne and defend it self to make lawes to punishe Malefactours c. But the Church is an absolute Common wealth and more absolute then a Kingdome this being subordinate to that not that to this ergo it was to haue all spirituall Authoritie necessarie to gouerne and defend it selfe else Christ had not sufficientlie prouided for it 12. Fightlie we are bound to obey Princes lawes and Authoritie in conscience ergo much more the Churches Authoritie and law this being spirituall that but temporall this being the subordinant that the subordinat power as wee shall see herafter And therfore if the Apostle will haue euerie soule to be subiect to Authoritie and higher powers Rom. 13 he will especiallie that they be subiect if they be members of the Church vnto her spirituall power for as SYMMACHVS Pope sayd once to the Emperour ANASTASIVS Si omnis potestas à Deo est Ep. ad Anastaf Imp. magis ergo quae rebus praestituta est diuinis defer Deo in nobis nos deferemus Deo in te If all power be of God much more therfore that power which gouerneth diuine matters Honour thou God ô Emperour in vs and we will honour him in thee CHAPTER IIII. These two Iurisdictions and powers Ecclesiasticall and Ciuill are compared and conferred and the preeminence is giuen to the Ecclesiasticall 1. AS the little world Man called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can not consist without bodie and soule nor the great world without the Sunne and Moone so neither can the spirituall world of the Church flourish any time vnlesse it be supported as by two Pillars by the spirituall and Temporall power and Authoritie But as if the Moone should or could contend with the sunne and would or could disdaine to receaue light from the sunne or would or could encroach vpon the sunnes right in the gouernmet of the day all would be out of order so if one of these powers should be at variance with the other and would not receaue light and direction by the more lightsome or would encroach preposterouslie on the others demaines the Church could not long flourish And as if the body should rebell against the soule the flesh against the spirit sensualitie against reason it would perturbe reasons order and breake the Oeconomie of Morall life so if one of these powers should offer iniurie to the other the Mysticall bodie of Christ his Church would be out of frame Wherfore seeing that Christ the Wisdome of God is the Authout of both he no doubt hath disposed them sweetlie Sap. 7. and consequentlie hath setled some order betwixt them because Quae à Deo sunt Rom. 13. ordinata sunt Those thinges that are of God are ordered And for as much as Pluralitas principatuum non est bona Pluralitie of principalities is not good Arist l. 12. Metaph. cap. vlt. to wit Vnlesse one be subordinate to the other no doubt he hath subiected one of these to the other For which cause in this Chapter I will endeauour to shew which of these powers taketh the precedence which hath the preeminence and superioritie wherin and how farre 2. But because Comparisons betwixt so great Powers and Principalities and especiallie in these our corrupted times are odious I protest before hand that I entend not do detract any right or prerogatiue from either but onely to giue to Caesar and his temporall power what belongeth vnto them and to God and his Church Mat. 21. what appertaineth to them For I confesse and haue prooued that both these Authorities are of God both are excellent and eminent in their kinde both to be honoured both to be obeyed within their limites both so necessarie to the Church of God that it can no more stand without them then the world without Sunne and Moone For take away Temporall power and who shall defend the Church and assist her for the execution of her lawes and sentences Take away the spirituall power and who shall direct and correct the Temporall when it is exorbitant Take away the Temporall and who shall drawe the sworde Take away the spirituall and who shall preach the worde Take away the Temporall and who shall haue care of our corporall and temporall life Take away the spirituall and
hath Authoritie ouer Clergie men as Clergie men he can command euen Churchmen in Ecclesiasticall matters and can call Synodes determine controuersies of faith in them enact Ecclesiasticall lawes and bestowe Ecclesiasticall Benefices and so he shall haue Authoritie not onlie ouer the persons but also ouer the things of the Church And therfore as he that should say that the King for the necessarie good of the Common VVealth cannot dispose of the Temporalities of the Realme should in effect make him no King so BILSON in saying that the King hath no Authoritie ouer the spirituall things and graces of the Church makes him no Head of the Church nor superiour ouer Church men as Church men For if the King be Head of the persons of the Church he can command them as his subiects And then I demand of BILSON in what things he can command them If in temporall thinges onlie as to paie Tribute to go to warre c. then is he King only of the Common wealth but no Head of the Church If in Spirituall things as administration of Sacraments decisions of matters of faith in Councels c. then hath he the administration of spirituall things and hath authority not only ouer the persons but also ouer the things of the Church But I neede not wrest this frō BILSON by force of Argument for he no lesse plainely confesseth that the King is no Head of the Church Bilson par 2 pag. 240 These are his wordes VVe confesse Princes to be supreme Gouernours that is as we haue often told you supreme bearers of the sword which was first ordained from aboue to defend and preserue as wel godlines and honestie as peace and tranquillitie amongst men We giue Princes no power to deuise or inuēt newe Religions to alter or chaunge sacraments to decide or debate doubtes of faith to disturbe or infringe the Canons of the Church Thus he VVherby we see first how he derogateth from that authority which King HENRIE the 8 and Queene ELIZABETH challēged and the former Parlament approoued for by that authoritie King HENRIE the 8. exiled all the Popes authoritie forbad all Appeales to Rome contrary to the ancient Canons disposed of Abbaies and Churches without the Popes authority c. And by the same authoritie Q. ELIZABETH chaūged the sacraments and all the whole face and hew of religion and forbad Councels to be called or any thing in them to be decided without her consent Secondlie we may see also herby how BILSON maketh the King no supreme Head yea no head at all of the Church but only a Protectour and defender therof which Title all Catholikes graunt to Kinges acknowledging that the King is to defēd the Church to assist her by his temporall sword and Authoritie that shee bee not hindred in calling Councels and administration of the Church yea and to punish heretikes condemned by her and deliuered vp to secular power And no more doth BILSON graunt And so he denying the Prince to be head of the Church and graunting him to be only a protectour and defender is guiltie of high treason 22. D. Field lib. 5. de Eccles cap. 53. Doctour FIELD also in effect denieth this authority to the King for he distinguisheth things merelie Spirituall in this manner Either sayth he the power in these things is of order or of iurisdiction the power of order consisteth in preaching the worde in ministring Sacramēts and ordaining ministers and in these things saith he Princes haue no Authoritie at all much lesse supreme authority The power of iurisdiction standeth in prescribing lawes in hearing examining and iudging of opinion in matters of saith and things pertaining to Ecclesiasticall order and Ministerie and due performing of Gods seruice and in these the King can only by direction of the Clergie make penall and tempor all lawes for the Execution of Bishops lawes and Canons Thus he But to omitt how aptlie D. FIELD annexeth preaching to the power of order Vide Sairum lib. 4. de Censuris cap. 16. num 21 which may be exercised with licence of the Bishop by one that hath no Orders at all to omitt also how he can possiblie distinguish the powers of order ād Iurisdiction he and his Doctours denying all Caracters and making ordination nothing else but a meere deputation to such an office I auerre that D. FIELD in this contradicteth the former authority which was giuen by Parlament to King HENRIE the Eight and King EDWARD his sonne and Queene ELIZABETH his Daughter as may appeare plainlie by the actes of Parlament aboue alleadged and he maketh the King no Supreme Head of the Church but onlie an Assistant Protectour and Defendour therof as I haue shewed against D. BILSON 23. Wherfore the Catholicks of England haue iust cause to complaine of seuere dealing towards them who many of them haue bene condemned to Premuniries and cruell deathes for denying the snpremacie of the Prince in Spirituall causes of which notwithstanding the leardnest of the Ministerie make such doubt and question as we haue seene yea denie it in plaine termes For if that care had bin had of the Kings Catholick subiects which their number antiquitie and loyaltie seemed to require this question of the Supremacie should haue bene better discussed and more maturely resolued before the Ministers should haue preached it as necessarie to be beleeued and before Catholicks should haue been so seuerelie handled for denying it their own Doctours now varying so much as we haue seene about the very name and thing it self and some of the leardnest amongst them denying it as flatly as any Catholick can do 24. Remember then O Kinges Princes and Potentates of the earth what is belonging to your so high an office Psal 2. An exhortation to Princes Et nunc Reges intelligite erudimini qui iudicatis terram And now ô Kings vnderstand your office informe your selues ô you that iudge the earth what belongeth vnto you You are Iudges of the earth and Common wealth you are not to meddle with the Church which is called Regnum Coelorum Mat. 13 the Kingdome of Heauen You are Isa 49. as Esaye calleth you Nurcing Fathers but no Gouernours of the Church you are Protectours and Defendours and Assistants obliged by scepter and sword to assist her and to punish her Rebelles at her direction You are subiects no Superiours sheepe no Pastours Inferiour members no Heads and your greatest honour and safetie is to serue not to rule the Church to defend not to inuade her rightes Harken ô Princes to that holsome counsell which AZARIAS the High Priest gaue to King OZIAS 2. Paral. 26. Ioseph l. 9. Ant. cap. 11. who would be medling with the Priests office For when he being puffed vp with pride of hart tooke vppon him to offer Incense in the Temple and on the Altar of Incense AZARIAS matching his Kinglie pride with a Priestlie Zeale followed him at his heeles accompanied with fourescore Priests and
regna dat coelestia That Christ is come why dost thou dread O Herode thou vngodlie foe He doth not earthlie Kingdomes reaue That heauenly Kingdomes doth bestow 4. And so although CHRIST were euen as man a Temporall King yet he not actually raigning him self it is not likelie that he should giue any such authoritie to S. PETER and the Pope his successour And although hee had actually raigned him self yet it is not necessarie that he should giue that Authoritie to S. PETER for hee had also the power of Excellencie by which he might command euen Infidels not baptized and by which he instituted a Church Sacraments and a Priesthood which S. PETER and the Pope his Successour can not doe Certes none can denie but that CHRIST might haue giuen S. PETER supreme Iurisdiction spirituall ouer the Church without Temporall because as spirituall power is not necessarily annexed to the Temporall as I haue proued in the former Chapter so Temporall power is not necessarily ioyned to the spirituall and therfore seing that neither the law of God nor Nature nor man giueth any such Temporall Iurisdiction to the Chiefe Pastour of the Church why should either he challenge it or we giue it him especiallie it being a thing verie inconuenient and odious that either the Church or her Chiefe Pastour should haue any such Temporall power For if it were so that the Church or her supreme Pastour had any such soueraintie it would deterre all Pagan Kings and Princes from our Religion fearing least the Church by her absolute Authoritie might depriue them of their Kingdomes Crownes and Scepters at her pleasure And hence it is that the Popes them selues confesse that they haue no Imperiall nor Kinglie Authoritie giuen them by CHRIST but rather that these two powers are in distinct subiects So NICHOLAS Pope sayth Cum ad verum ventum est c. Ca. cum ad verū d. 96. Vide supra pa. 66. et pag. 78. VVhen it came to the vnderstanding of the truth neither did the Emperour take vnto him the rights of Bishop-like Authoritie nor did the Bishop vsurpe the name of the Emperour because the same Mediatour of God and men man Christ IESVS hath distinguished the offices of both powers by their proper and distinct dignities as that Christian Emperours for attaining eternall life should neede bishops and Bishops should vse the Imperiall lawes for the cause onely of temporall things And S. BERNARD Bern. li. 2. de Cōsid ca. 6. Nam quid tibi aliud dimisit Sanctus Apostolus quod habeo inquit tibi do c. VVhat other thing did the holie Apostle leaue vnto thee what I haue saith hee I giue thee VVhat is that One thing I know it is neither gould nor siluer seing that he sayth gould and siluer is not with mee Bee it that by some other way thou maist challenge this vnto thee yet not by Apostolicall right for he could not giue thee that which he had not VVhat he had he gaue sollicitude as he sayd ouer the Churches Did be giue thee rule and domination not ouer-ruling the Clergie but made example of the flocke and doost thou thinke this to be spoken onlie out of humilitie not in veritie the voice of our Lord is in the Ghospell the Princes of the Gentils ouer-rule them c. but it shal not be so amongst you 5. But although the Pope and Chiefe Pastour of the Church hath no direct Temporall power but only in his owne Temporall Patrimonie and Kingdome by which he may dispose of Kingdomes Crownes and scepters yet he hath a Spirituall power which may directlie and ordinarilie dispose of spirituall matters and indirectlie and in some extraordinarie case of the Temporall also that is when it shall be iudged necessarie for the consernation of the faith or Religion or the Churches lawes and right or some other great and necessarie good I say the Pope hath no direct power ouer Princes for then he might limit their power abrogate their lawes and depose their persons at least for some iust cause though it did not concerne either faith or the Churches right or necessarie good as the King can deale with his Viceroy and any of his subiects and then Princes should not be absolute and independent who yet as aboue is declared in Temporall matters and so long as they exceede not the bounds of their authority by commanding things contrary to Gods law or the Churches Canons acknowledg no Superiour in earth neither Pope nor Emperour nor Common wealth For as for the Emperour all Princes who are not his Vassals as the Kings of Spaine England and France are not as they acknowledge him Superiour in dignitie and therfore will and must giue him the precedence whersoeuer they meete yet they are not subiect to him nor bound to obey him vnlesse it be when the Pope the Chiefe Pastour and hee the greatest Prince in dignitie shall thinke it necessarie that all Christian Princes contribute or concurre for the defence of Christendome against the Turke or such like Common enemie As for the Pope I graunt that CHRIST gaue him no Temporall power at all which aboue I haue prooued for that Temporall power which he hath in Italie hee had not by Christs immediat graunt but onlie by Constantines and other Emperouts and Princes donation which donation supposed and confirmed also by Prescription and his subiects yea all the Christian worlds consent that part of Italie which he possesseth is as trulie appertaining to him as England is to the King of England France to the King of France and Spaine to the King of Spaine onlie the Pope cannot transfer his Kingdome to his Heyres as they may because it cometh not to him in particular by hereditarie succession but onlie by election Yea if the Pope were by the law of God a Temporall Soueraine Prince ouer all the world other Princes should holde of him and CONSTANTINES donation by which he made him Temporall Prince of Italie had been no donation but restitution As for the Common wealth I haue aboue declared how it hath despoiled it self of all authoritie and by translating it to the King is trulie a subiect and like a priuate person and so hath no power ouer the King vnles it be in case of intollerable Tyrannie as aboue is explicated 6. I say yet that the Pope hath an Indirect power ouer Kings euen in Temporall mattters which power notwithstanding is not Temporall but spirituall nor any distinct power from his spirituall supremacie but euen the self same And therfore GREGORIE the Seuenth in his deposition of HENRIE the Fourth sayth that he deposeth him by the power he hath from S. PETER of binding and loosing And although his Pastorall and Spirituall power directly and ordinarily hath the menaging only of spirituall matters and so directly and ordinarily exerciseth it self in excommunicating interdicting and suspending frō Spirituall offices calling Councels and deciding controuersies of faith in them in making
must be skilfull in that art or science which Trithemius him selfe knew and therefore leaueth this question vndiscussed Secondly I answer that Trithemius speaketh of HENRIE the fourth Emperour who though he had committed many insolences against the Pope and Church and had set vp an Antipope c. which his enormities Trithemius calleth scelera inaudita yet he professed him selfe a Catholicke and so the Schoole Diuines to wit Ocham Almainus and such others as I haue related for others VViddrington can not alleage disputed whether he could be deposed he being or pretending to be no hereticke as appeareth by his Epistle to GREGORâ—E the seuenth aboue alleaged and what they resolued we haue seene 14. Widdr. In his Newyearesgift pag. 46. Disput Theol. c. 3. sec 3. num 13. Petrus Pithaeus God libert Ecc. Gallicana Petrus Pithaeus sayth VViddrington a man as Posseuin sayth trnlie learned and a diligent searcher of Antiquities affirmeth that the libertie of the Church of Fraunce is grounded in this Principle which Fraunce hath euer held for certaine that the Pope hath not power to depriue the French Kinge of his kingdome or in any other manner to dispose thereof and that notwithstanding any whatsoeuer monitions or monitories excommunications or Interdicts which by the Pope can be made yet the subiectes are bounde to yeeld obedience due to the King for Temporalles neither therin can they be dispensed or absolued by the Pope And in his Disput Theologicall Cap. 3. sec 3. num 13. he sayth that Pithaeus out of a generall Maxim which Fraunce that is as he putteth in the margent the greater part euer approoued deduceth this particular proposition that the Pope can not depriue the French Kinge of his Kingdome But first here we see VViddrington ascribeth two thinges to Pithaeus which seeme to imply contradiction for in his Newyearesgift he makes him say that the libertie of the Church of Fraunce is grouÌ„ded in this Principle that the Pope hath not power to depriue the Kinge of his Kingdome And in his Theologicall Disputation he sayth that Pithaeus out of a certaine generall Maxim deduced this particuler proposition that the Pope can not giue the Kingedome of Freunce into prey nor depriue the Kinge of it And so he maketh this position That the Pope can not depriue the King of Fraunce both a generall Maxime in which the libertie of the Church of Fâ—aunce is grounded and also a particuler proposition deduced out of a generall Maxim which he nameth not which two thinges how they cohere let VViddrington looke And certes I can not imagin any Maxim receaued in Fraunce out of which either VViddrington or Pithaeus can deduce that the Pope can in no case depriue the King And if there were any such Maxim receaued in Fraunce that learned Prelat Cardinall Perone in his eloquent oration made in the Chamber of the Third estate not onlie in his owne name but also in the name of all the Nobilitie and Clergie of Fraunce would neuer haue dared before such curious Auditours to vtter these wordes following now if those who haue of set purpose laboured in fauour of the oath of England he putteth in the margent VViddrington to find out Authours who haue affirmed that in case of heresie or infidelitie the subiects could not be absolued from the obligation that they owe to their Princes could not find out any one and if those who haue since written of the same subiect in Fraunce could neuer find out in all FrauÌ„ce note these wordes since the time that Schooles of Diuinitie haue been instituted and sett open till this day one onlie Doctour neither Diuine nor Lawier nor Decree nor Councell nor determination nor acte of Parlament nor Magistrat either Ecclesiasticall or Politicke who hath sayd that in case of heresie or infidelitie the subiect can not be absolued from the oath of fidelitie which they owe to their Princes on the contrarie if all those who haue written for the defence of the Temporall power of Kinges haue euer excepted the case of heresie and Apostasie from Christian Religion how is it that they can without enforcing of Consciences make men not onlie to receaue this doctrine that in no case the subiectes can be absolued from the oath of Allegeance they owe to theire Princes for a perpetuall and vniuersall doctrine of the French Church c. Thus he whereby it is manifest that there is no such receaued Maxime in Fraunce out of which Pithaeus or Widdrington can deduce that the Pope in no case can depriue the King of Fraunce And what the opinion of the most Christian Kingdome of Fraunce at this present is may well appeare by this that all the nobilitie and Clergie the two most worthie Partes and members of that Realme in the yeare 1615. reiected an oath like to the oath of England as pernicious cause of Schisme the open gappe to heresie as our most Excellent and learned King in his Preface to his declaratioÌ„ for the right of Kinges set forth in FreÌ„ch the same yeare confesseth though in a coÌ„plaining manner and as it is to be seene in the Oration of the sayd Cardinall sent to our sayd Soueraigne And although the Tierce estate proposed an oath like to that of England yet that was but one and the lowest of the three estates and as Cardinal Perone affirmeth they had their lessons giuen them from England 15. He alleageth also out of Bochellus the Testimonie of Cardinall Pelue and other Prelates who in an assemblie at Paris 1595. reiected the Decree of the Councell of Trent sess 25. cap. 19. by which it is forbidden Kinges to permitte Duelles vnder payne of loosing the citie or place in which they permitte a Duelle Concilium TridentiuuÌ„ inquiunt excommunicat priuat Regem ciuitate illâ vel loco in quo permittit fieri duellum Hic Articulus est contra authoritatem Regis qui non potest priuari suo dominio temporali respectu cuius nullum Superiorem recognoscit The Councell of Trent say they excommunicateth and depriueth a Kinge of that Citie or place in which he permitteth a duelle to be made This Article is against the Authoritie of the Kinge who can not be depriued of his temporall Dominion in respect of which he acknowledgeth no Superiour I answer that it is not credible that Cardinall Pelue and those Prelates would thus reiect the Councell of Trent or affirme that the Pope can not depriue the King and least I may seeme to doe iniurie to Bochellus in not crediting him I shall giue reasones for it Cap. 3. pag. 111. for first as Schulkennius sheweth he thrustes into the Decrees of the Church of Fraunce and reckeneth amongest her liberties many scandalous thinges and to omitte many of them which Schulkennius noteth I will note onlie two or three of his absurdities which I haue seen in his book In his Preface to the Reader he sheweth him selfe no good Catholicke in carping vniustelie and saucilie
affirme that in case of intolerable tyrannie against the Church the Pope may depose them But rather as they are content so to beare rule ouer their subiects as they will permitt God to beare rule ouer them so they should also be content to subiect them selues their Kingdomes Crownes and scepters to Christ and his Kingdome that raigning vnder him here for a time they may raigne with him hereafter for euer CHAPTER XV. An Explication of the late Oath of pretended Alleageance and of euery clause thereof deduced out of the former and some other grounds by which is prooued that it can neither be proposed nor taâ—en without grieuous offence of Almighty God 1. Vide Alphonsum de Castro V. IurameÌ„tum Gen. 21. Gen. 26. Gen. 31. Psal 17. Rom. 1.2 Cor 1. Philip. 1.1 Tim. 5 CAtholicks with common consent do confesse and hould against the Messalians Euchites Pelagians Waldenses Anabaptistes and Puritanes that it is lawfull in some cases to sweare as many of the greatest Sainctes haue done For ABRAHAM swore to Abimelech ISAAC to the same or another Abimelech IACOB to Laban MOYSES swore by Heauen and earth DAVID and others oftentimes vse this oath Viuit Deus as God liueth which is in effect to sweare by the life of God S. PAVL also did vse diuers oathes as Testis enim mihi est Deus for God is my witnesse and I call God to witnesse I testifie before God and such like Yea God him selfe knowing that we more easilie beleeue when a thing is sworne sweareth himselfe to winne credit at our hands Deut. 4. And in DEVTERONOMIE he commandeth vs to sweare saying Dominum Deum tuum timebis per nomen eius iurabis Thou shalt feare thy Lord God and shalt sweare by his name But as medicines are good yet not alwaies to be taken but onlie supposing a disease or sicknesse so oathes are not to be vsed but only supposing a necessitie as when we cannot otherwise be beleeued And therfore when there is no necessitie CHRIST sayth Mat. 5. Ego autem dicovobis non iurare omnino I say to you sweare not all to wit when there is no necessitie Iacob 1. And S. IAMES Nolite iur are quodcunque iur amentum Do not sweare any oath Deut. 6. But when there is necessitie God commandeth it Psal 62. as wee haue seene And Dauid commendeth it saying Laudabuntur omnes qui iurant in eo They all shall be praised who swearein him God Fot to sweare when necessitie vrgeth is an Acte of Religion and worship of God whome we acknowledge to be so true that he will not fauour a lye and of such a maiestie that none will dare to sweare by him vnlesse the thing be true which is the reason why oathes are easilie credited 2. D. Thom. 2.2 q. 89. art 3. But if we will haue our oathes free from all sinne we must ioyne to them these three companionsâ— or conditions Iudgement Veritie and Iustice according to that of HIEREMIE Hierem. 4 Iur obis in veritate in iudicio in iustitia Thou shalt sweare in Veritie Iudgement and Iustice. Iudgement is necessarie in the sweater Veritie in the thing he sweareth Iustice in the cause For want of Iudgement the oath is rash as when we sweare for euerie trifle for want of Veritie the oath is false and periurie as when we sweare a lye for want of Iustice it is vnlawfull as if one should sweare he would committ a sinne And if a man sweareth with out Iudgement he taketh Gods name in vaine if without Veritie he committeth periurie and makes God to patronize a lie if without Iustice he makes God a patron of sinne Wherfore he that would knowe whether the Oath which latelie is proposed to Catholickes be lawfull must marke whether it want not some one of these three companions or conditions to wit Iudgement Veritie and Iustice for if it want but one it is vnlawfull much more if it want all And because there may be difficultie as well about the proposer as the taker of this Oath let vs see first whether in the proposer may be found Iudgement Iustice and Veritie 3. As touching the first it may seeme not to be wanting in the Magistrate that proposeth and that for two reasons First because the Prince being of another religion then the Pope and knowing that Catholickes giue him power to depose Princes may seeme iustlie to feare least he will exercise this Authoritie vpon him Secondlie the late Gunpowder-plot may seeme to proceed from such an opinion and so the Magistrate to secure the Prince seemeth to haue reason to vrge the Catholicke subiects vnto such an Oath 4. But yet on the other side it seemeth most certaine that the Magistrate hath no iust cause to propose such an Oath consequentlie that in proposing it he obserueth not the first condition For first although the Magistrate may haue some cause to feare the Kings deposition supposing that he persecuteth the Catholicke faith and depriueth Catholicks of liuings libertie Rom. 13. and sometime life also yet as S. PAVL sayth Vis non timere potestatem bonum fac habebis laudem ex illa Dei enim Minister est tibi in bonum Si autem malum feceris time non enim sine causa gladium portat c. VVilt thou not feare the power do good and thou shalt haue praise of the same for he is Gods Minister vnto thee for good But if thou doe euill feare for he beareth not the sword without cause for he is Gods Minister a reuenger vnto wrath to him that doth euill So say I if Princes wil be free from all feare of the Popes power let them do good and they shall haue praise before God and men for the Pope is appointed Pastour vnto theÌ„ for their good But if they will do euill if they will persecute the Church her faith faithfull children then let them feare for he is Gods Minister hath the spirituall glaiue put into his hand to chastize correct all rebellious Christians And therefore as he that taketh a mans purse from him by violence hath no iust cause to compell him to sweare that he will not bewray him because he might and should haue abstayned from the iniurie and then an oath had not bene necessarie so the Prince or Magistrate hath no vrgent cause to propose this Oath to the Cath olicke subiectes because if he abstaine from persecutioÌ„ as he ought to do he needeth not feare the Popes power and so hath no sufficient cause to vrge his subiects by oath to abiure the Popes Authoritie that he in the meane while may persecute impunè 5. As for the Gunpowder plot it could not proceed from this opinion for it doth not follow that because the Pope caÌ„ depose the Prince therefore his subiects by priuate Authoritie may endeuour to kill him because the Pope is superiour the subiectes are inferiours he
to my Soueraigne speake no more of him then any other Prince but abstracting from all Princes factes and cases in particular I intend onlie to dispute as I haue hetherto of the Popes Right and Authoritie ouer Princes in generall The First Clause of the Oath I. A. B. do trulie and sincerelie acknowledge professe and testifie in my conscience before God and the world that our Soueraigne Lord King Iames is lawfull and true King of this Realme and of all other his Maiesties Dominions and Countries 12. I will not stand much with WIDDRINGTON about this clause because all Catholicks will acknowledge his Maiestie that now is for their Prince and King and will sweare also fidelitie vnto him in all Temporall matters and this Oath hath bene offered by the Catholicks in an Epistle they wrote to his Maiestie which others also haue offered and for better notice and in argument of their true meaninge published their offer in print This then is one reason which maketh Catholicks to suspect that in this Oath couertlie is intended a denyall of the Popes spirituall supremacie For if the Prince and his Magistrate intended only Ciuill and Temporall Alleageance why did they not propose this Oath in the ordinarie tenour and termes of a Ciuill oath with which the former Kings of England and all Catholick Kinges of other Countries euen to this day content them selues Why bring they in the Popes Authoritie which other Princes leaue out But they knew that Catholicks would neuer haue refused such an oath and therefore to trouble and engage their consciences to haue thereby some pretence to seaze vpon their liuings and goods and to vexe their persons they deuised this Oath Which their manner of proceeding may make Catholicks iustlie suspect that some thing is intended to which in conscience they cannot agree and consequentlie oathes conscience and Religion being so nice and daungerous matters if there were no other reason then this In his Newyearesguift num 8. pag. 37. the Catholicks haue iust cause to make not only a scruple but also a conscience to take it And therefore Widdrington him selfe in his Newyeares-guist confesseth at least that in the beginning and why not still Catholickes might iustlie suspect this oath to be vnlawfull 13. Suarez Gretzerus Hence it is also that some writers make a scruple of those wordes Supremus Dominus Soueraigne Lord because the Oath being of it self suspicious and the King of England by his ordinarie Title giuen him by Parlament being stiled Supreame Head of the Church which dignitie the Bishops and Diuines of England affirme to be annexed to the Kinges Regalitie iure diuino as we haue seen aboue Chap. 6. they feare least a snake lie hid in the grasse and a pad in the strawe and that vnder that Title of Supreme or Soueraigne Lord is couertlie vnderstood Supreame Head of the Church of England not only in Temporall but also in Spirituall causes But because these wordes Soueraigne Lord may be taken in that good sense which ordinarilie they import and are not put ex parte praedicati but only ex parte subiecti for by this clause the swearer sweareth not that his Maiestie is Supreame or Soueraigne Lord but only that our Soueraigne Lord is true and lawfull King I will not much stand about them 14. For as if one should sweare that the Archbishop of Cantetburie is trulie a persecutour of Catholicks he should not sweare that he is trulie Archbishop but onlie that he who is called Archbishop of Canterburie is truly a persecutour so by swearing that our supreame Lord King IAMES is true and lawfull King we do not sweare that he is Soueraigne or Supreame Lord but only that he who is so stiled is our Prince and King which no English Catholicke will refuse to sweare But howsoeuer Catholicks haue good cause to suspect all things in this vnwonted Oath it being not the ordinarie Oath of Alleageāce which the Kings in other Countries propose and wherewith the Kings of England contented them selues till they began to seuer them selues from the true Catholicke Romane Church for true Catholicke and Romane euer went together and to banish out of their Realme all Papall Authoritie as an enemie to their state which other Princes do retaine and euer haue reuerenced and maintained as the Chiefe support of their Kingdoms And that which augmenteth the suspition is for that his Maiestie him selfe seemeth to make doubt of this Oath and so it seemeth daungerous either for the Magistrate to propose it or the subiects to receaue it For these are his Maiesties wordes vttered in the Parlament an 1606. Some doubtes haue been conceaued in vsing the Oath of Allegeance and that part of the Act which ordaineth the taking therof is thought so absurd as no man can tell who ought to be pressed therewith For I my selfe when vpon a tyme I called the Iudges before mee at their going to their courts moued the question vnto them wherin as I thought they could not reasonablie auswer So that this obscuritie in the Oath should first be cleared least swearing to that which wee vnderstand not wee expose our selues to periurie The Second Clause And that the Pope neither by him selfe nor by any authoritie of the Church or Sea of Rome or by any other meanes with any other hath any power or authoritie to depose the King or to dispose of any of his Maiesties Kingdomes or Dominions or to authorize any forraine Prince to anoy him or inuade his Countries or to discharge any of his subiects of their Alleageance and obedience to his Maiestie or to giue licence or leaue to any of them to beare Armes raise tumultes or to offer any violence or hurt to his Maiesties Royall person state or gouernment or to any of his Maiesties subiectes within his Maiesties Dominions 15. Widdr. in disp Theol. in exam huius clausulae This clause sayth VViddrington is Petra illa scandali lapis offensionis that Rocke of scandall and stone of offence at which so many of this age as well learned as vnlearned haue stumbled And in deed to VViddrington him selfe it hath beene such a Rocke of scandall but by his owne fault for many haue passed it with out either falling or stumbling that he hath not onlie stumbled and fallen at it him selfe but by his fall he hath beene the cause of the fall and ruine of many an hundred For if August serm 14. de Sāctis Act. 7. 22. as S. AVGVSTIN sayth S. PAVL by holding the garments of those that stoned S. STEVEN did more stone him then any of the stoners them selues Magis saeuiens omnes adiuuaudo quà m suis manibus lapidando Certes Widdrington persuading by his bookes that the Oath is lawfull sinneth more damnably then any one of them that take the Oath yea taketh it in euerie one of them and stumbleth and falleth in them all and consequently more then them all But vae homini illi
dependent of it or subordinate vnto it as is to bee seene euidently in the aforesayd and many other examples 34. But as touching Widdringtons examples they are not to the purpose for no marueile that a stone cannot discourse by or with a man a man being not subordinate to a stone nor any instrument of it and so as litle marueile it is that a stone cannot depose a Prince by the Pope as that VViddrington cannot be said to low by an oxe bleate by a sheepe or beare fruite by a tree here being no subordination or dependence as there is in the other examples by me alleadged and in the power of the Prince and Common wealth which euen by WIDDRNIGTONS confession is dependent of the Popes authoritie and may be directed and commaunded by it 35. Secondly this I prooue by reason grounded in the opinion which euen WIDDRINGTON himselfe admitteth Supra cap. 3. sect 4. n. 3. For in the place alleadged he graunted as probable that the Common wealth can depose a Prince though he denieth that authoritie to the Pope Widdr. in Resp Apolog. n. 12.13.14.15.16.21.23.27.28 alibi And in his Apologeticall Answer he confesseth that the Pope hath authoritie to commaunde a Prince in Temporall matters for the necessarie good of the Church as to vse his authoritie and to draw his sword for the necessarie defence therof and that he may inflict Spirituall censures on him if he disobey 36. Now if wee putte this together we shall finde that the Pope euē in widdringtons opinion may depose a Prince by the Common wealth although he could not doe it by himselfe immediately Disp Th. cap. 3. sec 4. n. 2. et 3. for WIDDRINGTON graunteth as probable that the Common wealth can depose a lawfull Prince in case of intollerable tyrannie for he graunteth that the contrairie opinion to wit that the common wealth can not depose a Prince is but probable and he confesseth that the Pope being supreame Pastour of the Church may commaund the Common wealth to vse this her Temporall power when it is necessarie for the conseruation of the Church 〈…〉 And seing that a commaūder is thought to doe that which another doth by his commaundemēt and to bee a principall cause of that of which the cōmaunded is but an executioner if the Pope commaund the Common wealth to depose her Prince and she obey her Pastour as WIDDRINGTON confesseth shee is bound to do then the Pope in that case shal be said to haue deposed the Prince because what the Common wealth doth at his commandment he is said to doe 〈…〉 yea he in that case is the principall agent and the Common wealth his instrument onely and executioner But VViddrington graunteth that the Pope may commaund the Common wealth to depose her Prince ergo he graunteth that the Pope if not by himselfe immediatly yet by another that is by the Common wealth can depose a Prince With what conscience then can VViddrington sweare to that clause of the Oath which sayth that the Pope neither by himselfe nor by any Authoritie of the Church or Sea of Rome or by any other meanes with any other hath any power or authoritie to depose the King c. seeing that he graunteth that the Pope may commaund the Common wealth to do it and that euery man is saied to do that which is done by his lawfull commaundement he being in that case the principall Agent and the Common wealth as is sayed a subordinate Agent and instrument onely 37. Pag. 75.76.77.78.79 To this VViddrington in his Newyearesguift answereth that a commaunder is not a true and proper cause especiallie when he hath not power to do that which he commaundeth but onlie a cause per accidens and so although the Pope should commaund the common wealth to depose their Prince and they at his commaundement should depose him yet the Pope should not be sayd to depose him as a true and proper cause Widdr. in bu Newyearesgift Pag. 65. n. 7. but onlie as a cause per accidēs But first VViddrington in this answer seemeth at least to contradict him selfe for if as he sayeth a commaunder is commonlie sayd to do that thinge which is donne by his commandement it followeth that a commaunder is commonlie counted a cause of that which is done by his commaundement and so if the Pope should commaund the common wealth to depose a Prince the common wealth should depose him at his commaundement he should be counted by the common conceite of men a cause of the deposition and though not by him selfe yet by an other should commonlie be sayd to haue deposed him How then can Widdrington sweare against this that is commonlie sayd to wit that the Pope neither by him selfe nor by any authoritie of the Church or Sea of Rome or by any other meanes hath any power or authoritie to depose the King c. seing that it is probable by WIDDRINGTONS confession that he may be sayd to haue power to depose a King in case of intollerable Tyrannie by the common wealth Wheras VViddrington affirmeth that the Pope in this case commaunding the common wealth should be onlie causa per accidēs a cause by accident in that he applyeth onlie the common wealth which is causa per se and the true efficient cause I must first tell him that euen a cause per accidens is commonlie called a cause and therfore the theefe who applyeth fier to the house and is a cause by accident of burning the same in that he applyeth the fier which is causa per se of the burning of the house is sayd commonlie and absolurelie to haue burned the house and shall be bound to restitution yea and hanged and that iustlie also for burning the house Wherfore if the Pope in that case should be at least causa per accidens he should in common speech be counted the cause of that deposition And therfore if VViddrington durst not sweare that the theefe neither by him selfe nor by any other cause can burne a house if he can by applying the fier that cā burne it how dareth he sweare that the Pope can not either by him selfe or by any other cause depose a Prince seing that he by VViddringtons Confession can by his commaundement apply the common wealth which is a cause per se and sufficient for such an effect Secondlie Widdrington abuseth his tearmes in saying that a cōmaunder is a cause by accident for though he be no phisicall cause of the effect yet he is a morall cause and in that kinde a principall cause and a cause per se which intendeth the effect and moueth the commaunded as an instrumēt and the commaunded though he haue not alwaies from the cōmaunder true authoritie because sometymes the cōmaunder hath none him selfe yet he hath from him morall influence and is sayd to worke the effect by vertue of his commaundemēt And so betwixt the commaunder and the applyer of
fier to the strawe there is great difference because he that applyeth the fier giueth no force nor actiuitie to the fier so his application is but conditio sine qua non and he is causa per accidens but the commaunder sometimes giueth authoritie and alwayes giueth morall influence and motion as doth the principall cause to the instrument and so he is a principall cause and causa per se 38. VVherfore to cleare the matter more I will distinguish three kindes of CoÌ„maunders The First is an vnlawfull commaunder The Second a lawfull Commaunder who hath Authoritie to commaund one to doe a thing but can not do it him selfe The Third is a commaunder who hath authoritie not onlie to commauÌ„d another but may also by him selfe do the thinge commaunded if he will And these are absolutelie called causes and causes principall and per se though not in the same manner In the First kinde are comprehended all Lordes or Masters who commaund theire seruantes or ministers to kill them whom they them selues haue no Authoritie to kill So if a Captaine should commaund his man to kill his enemie or one that standeth in his way of preferment or one whose wife or purse he desireth to haue he is sayd commonlie to be the principall cause Antonin lib. 4. tit 13. part 7. lib. 5. tit 15. part eadeÌ„ Mercado lib. 6. Sum. cap. 7. Vasq in Opusc de Restit c. 9. dis 1. dub 3. the seruant though he be a physicall cause yet he is but a ministeriall and instrumentall cause of the murder and though he haue no true Authoritie from his Master yet he hath as I sayd morall influence and doth the effect by vertue of that morall influeÌ„ce which moueth him And therfore if any restitution be to be made he is bound principallie and in the first place to restore and his seruant is not bound to restitution but in defect of his Master who is the principall cause and gaue morall influence and motion to his seruant although the seruant also because he was bound not to obey his Master shall endure the punishments due to murderers by the law Hence it is that Dâ—â—uines and Canonists do affirme that if the commaunder do recall his commaundemeÌ„t before his seruant hath donne the murder the seruant then shall be the principall and sole cause because after the commaundement is recalled he doth the murder of his owne Authoritie hauing now no morall influence or motion from his Master and so then he onlie is cause of the murder not his Master he onlie is bound to restitution if any be required not his Master and he onlie in the inward courte of Conscience deserueth hanging not his Master though the externall courte oftentymes when it presumeth that the Master did not reuoke his commaundement will pronounce sentence also against the Master In the Second kinde is the Confessarius who according to the common opinion in the Sacrarnent of Confession can commaund his peâ—itent to giue almes and his penitent is borind in conscience to giue the almes be it money bread corne or such like goodes and yet the penitent doth not loose dominion of those goods though he sinne in not giuing them to the poore and so the Confessariâ—us can not iustlie take them from him In the Third kind are Princes who giue authoritie to theire Iudges to coÌ„demne to death and by them or others his officers to the hangman to punish and hange malefactours Because although it be not conuenient for the Kinges Person to execute any immediatlie him selfe yet as he commaundeth and giueth authoritie to others so he might do that acte of iustice him selfe So the Pope or Bishop who giue authoritie to others to heare Confessions might them selues heare Confessions though because of their other affaires they vse not so to do 39. This distinction of commaunders supposed although the Pope had not authoritie of him selfe to depose a Prince yet if he can commaund the common wealth in some case to depose the Prince as VViddrington graunteth he can he should be a true morall and principall cause of the deposition because he should not onlie giue morall influence to the common wealth to depose for that euen an vnlawfull commaunder doth but he should also giue authoritie to the common wealth for although the common wealth hath of it selfe Authoritie to depose a Prince in some case and hath not this Authoritie from the Pope if the Pope haue Authoritie to commaund it followeth that the commoÌ„ wealth obeying his commaundement and Authoritie doth depose by his Authoritie And this to wit that the Pope may depose a Prince mediatlie by the common wealth I prooue out of VViddrington him selfe who to confirme his owne opinion which holdeth that the Pope can not depose a Prince alleageth Ioannes Parisiensis who writeth thus as VViddrington alleageth him Apud Widdr Disp Th. ca. 3. ser 3. n. 7. Si Rex est haereticus incorrigibilis contemptor Ecclesiâ—sticae Censurae porest Papa aliquid facere in populo vnde priuaretur ille saeculari honore deponeretur a populo excommunicando scilicet eos omnes ad quos spectat regem deponere qui ei vt Domino obedirent If a King be an hereticke and incorrigible and a contemner of the Churches Censure the Pope may do some thing in the people whereby he should be depriued of his secular honour and be deposed by the people to wit by excommunicating all those to whome it appertaineth to depose the King who should obey him as Lord. Out of this Aurhour whom WIDDRINGTON alleageth as a fauourer of his opinion I can easilie deduce that which VVIDDRINGTON denyeth to wit that though the Pope coulde not by him selfe depose a Prince yet he might by the Common wealth Because if the Pope can not onlie commaunde the Common wealth but also excommunicate all those subiectes that obey such a Prince he can compelle them to deny obedience to him vnlesse they will be separated by excommunicatioÌ„ from the Church out of which is no saluation If then any one would complayne of that Common wealth for deposing their Prince and denying obedience vnto him the people might answer that the Pope compelled them so to do and to leaue the King vnlesse they would leaue the Church whence followeth that the Pope in that case should be trulie sayd to haue beene the principall cause of deposition because he compelled the Common-wealth to depose him If VViddrington should say to his man kils such an one or I will kill thee who doubteth but that WIDDRINGTON should be counted the principall cause of murder wherfore seing that this Authour whom WIDDRINGTON produceth sayth that the Pope may say to the CoÌ„mon-wealth to whome it appertaineth to depose the Prince depose your Prince or I will separate you from the Church by Excommunication Aug. lib. cont aduers leg Prophet ca. 17. serm 68. de verbis Apost ca. omnis Christianus 11. q.
according to a probable opinion though he commaund a thing against the subiectes opinion and that also probable but the Pope VViddrington lawfull Superiour commaunding VViddrington not to defend the Oath of pretended allegeaunce commaundeth at least according to a probable opinion ergo VViddrington is bound to obey the Pope in this against his own opinion though that were also probable The Maior Vasquez proueth because the Subiect may follow any mans probable opinion and consequentlie his Superiours that also being probable and if he may he must because his Superiour commaundeth The Minor VViddrington graunteth and can not deny the Conclusion then followeth to wit that VViddrington is bound in conscience and vnder payne of mortall sinne the thing commaunded being of great importaÌ„ce to desist from defending the oath the Pope hauing condemned it and commaunding him not to defend it To say that the Pope is misinformed and that therfore his declaration and coÌ„maundement grounded therin doth not bynd in conscience is but a poore stay for VViddringtons conscieÌ„ce because Disp Th. c. 10. sec 1. n. 53. as VViddrington alleageth out of father Parsons letter he informed him selfe of seauen or eight of the most lerned Diuines in Rome and since he hath heard what VViddrington him selfe can suggest To alleage his Authours is to litle purpose they being as aboue wee haue seen few and of litle or no Authoritie To say the Pope may erre wil as litle seue VViddringtons turne because euerie lawfull Superiour is to be obeyed when he commaundeth according to a probable opinion though in other things and euen in this he may erre To answer that he is then onlie bound to obey his Superiour when ther is no notable daunger or domage in obeying is as litle to the purpose partlie because the opinion according to which the Pope commaundeth is more then probable as aboue is proued partlie because though ther may be Temporall domage in refusing to take the oath yet for VViddrington not to defend it by publique writing ther is no more dauÌ„ger to him theÌ„ to many moe who neuer set pen to paper for the defence of it rather VViddrington should feare the spirituall daunger and domage which is incurred either by defending or taken it as his chiefe Pastour hath assured him 75. Secondlie I wish VViddrington to reflect vpon his own selfe The socoÌ„a good Counsell to VViddringtâ—Ì„ and the state of life to which he is called the dauÌ„gerous course he runneth and how farre he is proceeded in it how heauie an enterprise he hath vndertaken and how hardlie hee shall be able to goe thorough with it whoe applaude him in it who condemne him what Authours he followeth whoÌ„ he contradicteth whom he maketh glad whom he contristateth what a Schisme as it were he hath made amongest some of his Catholique brethren with what doubtes and Scrouples he hath troubled the myndes of others How many wel meaning and before verie zealous Catholiques he hath induced to take the Oath and what scope he hath giuen to the persequutour to vexe and afflict those who out of conscience refuse to take it how litle gratefull he hath shewed him selfe to the Sea Apostolique which bredde brought him vp how much to officious to her Aduersaries his chiefe Applauders what litle comfort at the hower of his death he shall reape of these his labours how much discomfort 76. And to you Holsome Counsell to the Catholiques worthie constant and renowned Catholiques I giue this holsome Counsell Seing that this Oath so much derogateth from the Church and her chiefe Pastours honour and Authoritie and giueth such scope to her Enemies and Persecutours as you haue hetherto defended still sauing some fewe do this Church her faith and Authoritie and haue sustained losse of libertie liuinges and liues rather then you would consent to the least iniurie which is offred her so do you not by taking this Oath falsifie your faith to CHRIST his Church chiefe Vicaire You haue passed the raging stormes and Tempests of a Sea of Persecution make not shipwracke of all your spirituall marchandize and merites in the mouth of the hauen you haue long since laied your hand to the plough do not now looke backe Luc. 9. Exod. 14 you haue almost past the red Sea of Persecution which hitherto hath yeelded you passage go not backe to Aegipt for then you will neuer come to the Land of Promise you haue runne a long time in the race 1. Cor. 9. faint not now before the goale rather looke vp to Heauen Gal. 5. and you shall see the Angell houlding in his hand a crowne of glorie Currebatis benè quis vos impediuit veritati non obedire You ranne well who hindered you not to obey the truth Persuasio haec non est ex eo qui vocat vos Ibid. this persuasion to take this Oath is not of him Ibid. that called you It is of the Enemie who enuyeth that you ran so well But ego confido in vobis quod nihil aliud sapietis I haue confidence in you in our Lord that you will be of no other minde nor do otherwise then becometh good Catholicks and such Catholicks also who haue beene tried and purged in the fornace on whome the eyes of God his Saincts and all the world are fixed In the meane time qui conturbat vos por tabit iudicium suum quicunque est ille he that troubleth you he that hath cast stumbling blockes and scandals in your way he that like the serpent hath buzzed in your eares shall beare the Iudgement of almightie God whosoeuer he bee 77. And as I desire you should be constant in your faith and Religion obedient to the Church and her chiefe visible Pastour in all which is belonging to their Authoritie so I exhort you to obey the Kings Maiestie your Soueraige Lord and Liege in all things which appertaine to his Regall power and so to giue to God his Church and chiefe Vicaire their due hommage and respect as you deny not to the King Tribute Rom. 13. Custome feare honour obedience fidelitie and faithfull seruice not to thinke that this which I haue sayed in behalf of the authoritie of the Church and her chiefe visible Pastour hath been to detract any the least due right and respect from our Temporall Lord and Soueraigne much lesse to giue any waye or scope to plottes conspiracies or libelles which may irritate the Prince purchase no good but rather procure disgrace and preiudice to the cause for which you suffer For as S. PETER telles you 1. Pet. 2. what glorie is it if sinning and buffeted you suffer but if doing wel you susteine patientlie that is thanke before God for vnto this you are called For it is better as the same Apostle assureth you to suffer as doing well if the will of God will haue it soe then doing ill 1. Pet. 3. And therfore 1. Pet. 4.
or force and violence were for the most part conuerted the Pope to conserue Religion might giue them a Christian Prince and send an Armie to put him in possession S. Thom. 2.2 q. 10 art 10. Innoc. ca. super his de voto voti redempt This he prooueth out of S. Thomas and the common opinion of Diuines who affirme that the Chiefe Pastour in fauour of Religion and for securing Christians saluation might free Christian slaues from seruitude and much more other Christians who are subiect not despoticè but only politicè yea this hee prooueth out of scripture because in fauour of faith a wife may be separated from a Pagan husband 1. Cor. 7. Cap. quanto de diuortiis much more a subiect from his Prince 28. A fourth Title is if the Prince generallie molest Innocentes by vniust lawes and vexations as if a Pagan King should sacrifice Innocent Children to his Gods then any forreine Prince especially by the counsell of the High Pastour after he hath warned the sayd King and seeth no redresse may take the cause of the Innocents vpon him and make warre vpon the King for their defence for as Innocents haue right from God and Nature to defend them selues so may another with their expresse or presumed licence vndertake their cause and wage warre in their defence 29. A fift Title may be grounded in the Popes temporall authoritie for hee being a temporall Prince might authorize the Duke of Vrbine for example or other his Feudataries to inuade England for satisfaction of iniuries if the King of England had done him any for so the King of England hath heretofore inuaded France for iniuries receaued and might againe hereafter if by the French the like iniuries should be offerred And yet this Clause of the Oath makes the Catholicke to sweare that the Pope neither by himselfe nor by any authoritie of the Church or Sea of Rome or by any other meanes with any other hath any power or authoritie to depose the King c. or to anoy him or inuade his countries c. 30. Another Title of inuading a Princes country or resisting him may be this If Princes contrary to the Popes commandement and liking of all other Princes would call the Moores or Turkes into Spaine France or Germanie and commaund their subiects to assist them were they bound to obey or rather were they not bound to resist what they could And seeing that the bringing of the Moores or Turkes into those countries might bee preiudiciall to all Christian countries and euen to Christian faith might not other Princes especially cōmaunded by their Chiefe visible Pastour inuade their countries to hinder the entrance of such enemies And might nor yea ought not the Emperour and those Princes subiects to assist them against their owne Princes for the common good of Christendome And yet by this Clause we are cōmaunded to sweare that the Pope in no case can authorize subiects or Princes to annoy his Maiestie of England or any his countries 31. Wherefore although I will not auerre that Christian Princes may haue these titles to inuade England or any part of it or to make warre either against the Prince to whom I wish after long life hete eternity in heauen or countrie which is most deare vnto mee Yet by this it may easily appeare that it is not so euident as VViddrington would make it that this Oath may be taken with such an assured asseueration and in those so generall termes Victoria hauing alleadged so many Titles of iust warres which make this Clause at least doubtfull and so not to be sworne 32. Widdr. in Disp The ol c. 3. sect 4. n. 3. VViddrington answereth that in this Clause is not denyed that the Common wealth can depose a Prince but only is auerred that the Pope cannot either by himselfe or by the Common wealth or any other meanes And saith he if the Pope cannot by himselfe neither can hee by the Common wealth And this as he thinketh he conuinceth by examples For saith he as a stone neither with a man neither by a man hath power to vnderstand and disoourse and neither by the Common wealth nor with the Common wealth can depose a Prince because it hath no power of it selfe to discourse or depose so if wee suppose that the Pope of him selfe hath no power to depose a Prince he cannot by the Common wealth depose him though otherwife the Common wealth could And although saith Widdrington these examples be not like in all points because the stone is not capable at all of discoursing or deposing the Pope is at least capable of Authoritie to depose Princes if God would giue it him yet saith he if wee suppose that the Pope de facto hath no power to depose then a good argument may be drawne out of these similitudes For as the stone cannot by man or with a man discourse or depose Kings because it hath no power of it selfe so to doe so if the Pope haue no authoritie to depose Princes as Widdrington supposeth it cannot be or is not yet sufficiently prooued that he hath he cannot de facto by the Common wealth depose 33. But I shall make VViddrington to see by other examples and reason also how litle these his examples auaile For suppose the Pope could not depose a Prince by himselfe as I haue prooued he can yet he might doe it by a temporall Prince or the Common wealth and that also in VViddringtons opinion This I prooue first by examples For in the opinion of those Philosophers who say that no substance is immediately operatiue or actiue the substance or substantiall forme of fire can not produce fire immediately by it selfe and yet it can per calorem siccitatem by heate and siccity which are the fires instrument and actiue virtue and so wee say not only that heate produceth heate but also that fire produceth heate though not immediately but by meanes of the foresaid qualities So the sunne engendreth metalls and mineralls in the bowells of the earth and produceth as an vniuersall cause plantes and hearbes and yet not by his immediate substance but by mediation of his light and influences So the will of man is cause of walking speaking and other externall operations yet not by her selfe immediately but by mediation of other faculties which are dependent on her So a Prince that had neither hand nor foote or if he had should vse neither and so could not kill his enemie yet might he doe it by his Captaine if he should commaund him and if at his commaūd the Captaine should kill the Prince also should be said to haue killed yea to haue bene the principall cause of the murder though immediately he either could not or did not strike any stroke Wherefore VViddrington might haue called to mind that many tymes an agent may worke an effect by another which it can not by it selfe immediatly if the other cause which it vseth be