of the old Law to the obseruation of the new But if the aduersaries out of all the figures of the old Law can shape any one like to this for the strengthening of their opinion they shall haue my voice for the bell surely they shall neuer finde mee against them Therefore now let vs see the second example CHAP. XXXVIII THe second saith he is out of 2. Paralip 23. whereas when Athalia had â—yrannously vsurped the Kingdome and maintained the worship of Baal Ioiada the high Priest called the Centurions and the Souldiers and commanded them to kill Athalia and in her place did chuse Ioas King Now that the high Priest did not counsell but command it appeareth by those words 4 Reg. 11. And the Centurions did according to all which Ioiada the Priest commanded them also by these words 2. Paralip 23. But Ioiada the oigh Priest going out to the Centurions and Captaines of the Army said vnto them Bring her out meaning Athalia the Queene without the doores of the Temple and let her be slaine without by the sword And that the cause of this deposition and execution of Athalia was not only her tyrannie but also for that she maintained the worship of Baal is plaine out of those words which follow immediately after her death Therefore saith the Scripture all the people went into the house of Baal and destroied it and brake down the Altars and Images thereof They slew also Mathan the Priest of Baal Surely I doe not know what mooued Bellarmine to thrust vpon vs this example so remote and farre off from the matter and controuersie vnlesse because hee had obserued that it was propounded by others before him fearing peraduenture lest if he had omitted it hee should be accused by some emulous aduersaries of negligence and preuarication to Pope Sixtus V. who being beyond all measure imperious and haughty and not greatly fauouring the societie of the Iesuites determined to reduce that whole Order to a straighter rule and habit of life which should bee distinguished from the Secular Priests in colour forme or some other outward marke Therefore I doe muse with my selfe how they obtained of him that Bull that they might occupie the perpetuall Dictature of the Vniuersitie of Pontimussa that is that they should for euer bee Rectors or Presidents against the forme and statutes of that foundation made by Gregorie the XIII There be that thinke that the Bull was supposititious that is deuised and counterfait Surely although it were true and granted by Sixtus yet it ought not to bee of force because it was obtained presently after his creation at which time whatsoeuer the Popes doe grant is iudged not so much to be obtained of them as to be extorted from them But to the matter That the example touching Ioiada and Athalia belong nothing to this disputation it appeareth by this that all our controuersie standeth in this Whether the Pope bee endued with so great authority ouer lawfull Kings and Princes Secular that hee may for certaine causes cast them downe from their Throne and depriue them of the right of their Kingdome and anoint and inaugurate others in their places But the example of Athalia is of a woman which held the Kingdome by no right but by most cruell and sauage tyrannie by force and villanie and by the bloudy murder of the Kings house who stood therefore in that case that shee might iustly be slaine of any priuate person without the commandement of the Priest Ioiada But for that such a matter seemed dangerous to attempt and hard to compasse against her who was mother to Ochozias the King deceased therefore there was great neede of the counsell and helpe of Ioiada the high Priest or surely of some other who likewise either by the greatnesse of his authoritie or the opinion of holinesse might assemble and euen stirre vp the Souldiers and the people to vndertake so noble and worthy an action And that this was done not so much by the commandement as aduice of Ioiada it is plaine by that which is said Ioiada the high Priest sent and taking to him the Centurions and Souldiers caused them to bee brought into him into the Temple of the Lord and hee strooke a Couenant with them And that the Interpreters doe note in that place but the words iubere or praecipere are wont to be spoken of euery man who hath the chiefe place in a Faction or Societie Therefore there is nothing found in this example which hath any the least similitude or agreement with the assertion which is vndertaken by the aduersaries to prooue The assertion is that lawfull Princes that is to say they who obtaine Kingdomes and Principalities by right either of Election or Succession may for certaine causes be deposed from their gouernement by the Pope And then what doth it helpe for the proofe of this proposition to propound an example of a Tyrant or the killing of a Tyrant Doe they thinke that there is no difference betweene the true Lords and lawfull possessors and the spoilers and inuaders of possessions which belong not to them Now whether there were or no any other cause or reason to depose and slay her besides her tyrannie it maketh no matter it is sufficient that she was a Tyrant and a violent vsurper of the Kingdome insomuch as there was of her part no hindrance nor barre in Law but that she might be cast headlong out of the seat and bee slaine by any of the people Which cannot in like manner be said of a lawfull King whose person although it be wicked the Law of a kingdome and the authoritie of rule ought alwaies to protect and defend from all iniurie and humane punishment as wee haue prooued otherwhere out of the writings of the holy Fathers Now the third followeth CHAP. XXXIX THe third example saith hee is of S Ambrose who being Bishop of Millan and by that the spirituall Pastor and Father of Theodosius the Emperour who ordinarily did reside at Millan did first excommunicate him for the slaughter which by his commandement was done at Thessalonica secondly hee enioined him to make a Law that the sentence giuen of the slaughter and of the publication of goods of them who were slaine should not stand good till after thirty daies from the pronouncing of the sentence to the end that if hee had through anger and precipitation of minde commanded any thing hee might reuoke it within the space of so many daies But Ambrose could not excommunicate Theodosius for that slaughter vnlesse hee had first vnderstood and iudged of that cause although it were Criminall and belonged to an externall Court but hee could not vnderstand and iudge a cause of that nature vnlesse also he had beene a lawfull Iudge of Theodosius in an externall Court. Besides to constraine the Emperour to make a ciuill Law and to prescribe vnto him a forme of a Law doth it not manifestly declare that a Bishop sometimes doth
GVIL BARCLAII J. C. OF THE AVTHORITIE OF THE POPE WHETHER AND HOW FARRE FORTH he hath power and authoritie ouer Temporall Kings and Princes Liber posthumus AT LONDON Imprinted by ARNOLD HATFIELD for VVilliam Aspley 1611. TO THE MOST HOLY FATHER AND LORD CLEMENT the 8. Pope W. Barclay wisheth health IF Rome from Peter to this day had seene such Bishops as your Holinesse is most High Father and Prelate of Christians there had been no place for this Question at this time Your Moderation and Gentlenesse answerable to your Name either had not opened any gap to this Busines or had barred the same by some graue Prouision that it should not be opened I haue here discussed the Question touching the Temporall authoritie of your See ouer Kings and Princes which hauing been canuassed with so great Troubles and so much Blood hath as oft afflicted the Church as the Princes themselues I haue also dedicated the same to you lest I might seeme either to haue shunned your Iudgement or to haue managed rather the Cause of the Kings then of the Church If I haue not pleased euery mans taste I desire them to consider That no Medicine brings Health without bitternesse It is peraduenture an odious argument to such as be scrupulous or malitious to peruert my sense and meaning which not withstanding most Holy Father I haue vndertaken partly out of the loue of the Truth partly also for that I haue been of opinion that this Authoritic is the fountaine of all those tempests wherewith Heresie tosseth your ship at this day Pope Iulius the 2. being alienated with a sudden vnkindnes did not only thunder against Lewes the 12. King of France but also depriued Iohn King of Nauarre of his kingdome because hee assisted the French And out of question Lewes his good fortune put by that Thunderbolt from France but the Nauarrois hearing the Spaniard of one side and being excluded on the other side by the Mountaines of Pyrene from the helpe of France was not able to make his part good against the furie of Rome and the ambition of Spaine Being spoiled of the greater part of his kingdome he retired into France where he had a large and ancient Patrimonie In the neck of this came the fire which Luther kindled and the Heires of Iohn King of Nauarre inflamed with their priuate hatred did very soone passe to that side which bandied against the See of Rome Therefore came Heresie first to be seattered thorow France by the partialitie of those Princes which through the fiaming fire and after through warres hath continued to this day As for Henrie the 8 King of England who doubteth that he departed not so much from the Religion as from the Pope out of his Hatred against the very same Authoritie Clemens the 7. had denounced Henrie depriued of the Right and Interest of his Kingdoms and he againe conceiued an anger which peraduenture was not vniust of his part but blinde and intemperate He opened England to Heretikes by the occasion of this schisme who afterwards growing strong vnder Edward the 6 destroyed the ancient Religion Againe Scotland affected with the Neighbourhood and Communion of England hauing held out vnder Iames the 5 at length was attainted in the beginning of Maries raigne and presently after infected when the poison had gathered further strength So what Heresie or Heretiques soeuer are in France and Britannie at this day which is their onlie strong hold was conceiued and hatched by this lamentable warmth of the Temporall Authothoritie as a pestilent egge Behold most holy Father how little good it doth the Church to challenge this Command which like Scianus his Horse hath euer cast his Masters to the ground Therefore haue I vndertaken this worke out of my affection to Religion and Truth not to the Princes and of a sincere and humble minde haue presented the same to you the Chiefe Pastour to whom it appertaineth to iudge of leper and leper If there be any thing in these writings which you shall thinke good and profitable I shall comfort my Old age with the most sweete remembrance of so great a Witnesse But if allowing my affection yet you shall not allow my Iudgement it shall be to posteritie an argument of your Moderation that vnder you the simple libertie of Disputation hath not been preiudiciall to any Let this be an argument of your Moderation but neuer of my Obstinacie For whatsoeuer is in this businesse I leaue it to your Censure that in this booke I may seeme not so much to haue deliuered what I thinke as to haue enquired of your Holinesse what I ought to thinke Fare you well The contents of the seuerall chapters contained in this Booke Chap. 1. THe Author professeth his Catholike disposition to the See of Rome and his sinceritie in the handling of this question The opinion of the Diuines and Canonists touching the Popes authoritie in temporall matters and particularly touching Bozius a Canonist Chap. 2. Of the different natures of the Ecclesiasticall and Temporall powers and a taxation of Bozius his sophistrie touching the same Chap. 3. That the Apostles practised no temporall iurisdiction but rather inioyned Obedience to be giuen euen to Heathen Princes and a comparison betweene the ambition and vsurpation of the later Popes and humilitie of the ancient Chap. 4. That the later Popes serued themselues of two aduantages to draw to themselues this vast authoritie Temporall ouer Princes viz. partly through the great reuerence which was borne to the See of Rome partly through the terror of the Thunder bolt of Excommunication Chap. 5. That it cannot be proued by any authoritie either Diuine or Humane that the Pope either directly or indirectly hath any Temporall authoritie ouer any Christian Princes Chap. 6. That no instance can be giuen of any Popes of higher times that any such authoritie was vsurped and practised by them and a vehement deploration of the miserable condition of these later times in regard of the modestie and pietie of the former Chap. 7. An answere made to an excuse pretended by Bellarmine that the ancient Church could not without much hurt to the people coerce and chastise the olde Emperors and Kings and therefore forbare them more then now she neede to doe Chap. 8. That the ancient Church wanted neither skill nor courage to execute any lawfull power vpon euill Princes but she forbare to doe it in regard she knew not any such power ouer them Chap. 9. That it is a false ground laid by Bellarmine that Henrie the 4. Emperour and other Christian Princes vpon whom the Popes haue practised their pretended temporall authoritie might be dealt withall more securely then the former Princes Chap. 10. The censure of the worthie Bishop Frisingens vpon the course which Gregorie the 7. tooke against Henrie the 4. Emperour and the issue thereof how lamentable to the Church and vnfortunate to the Pope himselfe Chap. 11. A reason supposed for the tolerancie and
a kingdome forfeited they haue him onely their Iudge and not the Church or the Pope Whereby it doth easily appeare how captious those reasons and conclusions are which Sanders from whom Bellarmine hath receiued this stuffe of his doth deduce out of those manner of promises made either secretly or expresly For as concerning those formes of asking and answering which he with many idle words and falsely deuiseth betweene the Pope and the Princes which come to the Church we must answer that they are fondly conceiued by him and that they neither ought nor are accustomed to passe in the admittance of Heathen Princes which come to the Church least the Church should seeme either to suspect them or to diuine and conceiue ill of them for the time to come Therfore their burning loue towards Christ and present confession of their faith whereby they in general tearms promise that they wil giue there names to Christ and become children of the Church and will renounce the diuel and his works and keep the commandements of God and the Church and such like are cause sufficient enough that they should be receiued All which matters they doe indeed promise to Christ the Church receiuing the promise as his Spouse in whose boosome they are regenerate or the Bishop himselfe not as a man but as a Minister of Christ God himselfe discharging a Deputies office heerein and therefore the obligation is principally taken to Christ himselfe by the Church or the Pope Whereby although they haue also promised all other things which Sanders hath comprehended in that forged forme of his and shall afterwards neglect or wholy contemne that couenant agreed on they can be punished by him onely into whose words they did sweare and who is the Lord of all temporall estates and whom they haue for their onely Iudge ouer them intemporall matters but not by him to whom the care onely of spirituall matters and to take the promise is committed And to these spirituall matters are those things most like and most resemble them which we see daily to be obserued in the ciuill Gouernment They who aspire to the succession of Feudes or Fees whether they come in by hereditarie right or by any other title cannot enioy them vnlesse they first be admitted into his clientele and seruice who is Lord of the Fee that is vnlesse they in words conceiued doe take the oath of fealtie to the Lord which they commonly call Homagium or Hominium But if it be the Kings fee to which they succeed the King doth seldome in his owne Person take the oath of fealtie but executeth that businesse for the most part by his Chancellor or soem other Deputie especially assigned for that purpose Therefore the Chancellor when hee admits to Fees and Honors great Personages swearing into the Kings wordes he dischargeth the same office vnder the King in a Ciuill administration and iurisdiction which the Pope doth vnder Christ in the spirituall gouernment of the Church when he receiues Princes comming vnto her by taking the oath of their faithfulnesse and pietie towards God And the Chancellor the Tenant once admitted although after he breake his oath and commit the crime which they call Felonie may in no cause take away the Fee which is the proper right of the King alone and not granted to the Chancellor at all So neither can the Pope depriue of Kingdomes and authoritie or any way temporally punish Princes receiued into the Church although they offend grieuouslie afterward or forsake the faith Because that is reserued to God onely Therfore although Christian Kings and Princes be in the Church and in respect that they are the Children of the Church be inferiour to the church and the Pope notwithstanding in regard that they doe beare a soueraigne rule temporall in the world they are not inferiours but rather superiours and therefore although they haue forfeited their kingdome by secret or expresse couenant yet neither people nor Pope nor church canne take it away from them But onely Almightie God alone from whom is all power and to whom aloue they are inferiour in Ciuill administration And neither shall Bellarmine nor any other be euer able to bring or as I may say to digge out of the monuments of any age any forcible argument whereby he may make it plaine vnto vs that secular Kings and Princes when they were receiued to the Faith by the Church did in such manner renounce their interest as both to lay downe altogether the temporall authoritie which they had receiued of God and also to subiect themselues to the Church to be iudged in Ciuill affaires and to be chastised with temporall punishment And if none of them can demonstrate this they must needs confesse that Kings and Princes did after the faith receiued retaine their Kingdomes and Empires in the same Right the same Libertie and Authoritie wherein they possessed them before such time as they came to the Church because as the Aduersaries doe confesse Lex Christineminem priuat iure suo If therefore before Baptisme they had no Iudge aboue them in temporall matters but God alone neither ought they to haue any after Baptisme But we haue spoken more of this matter in the refutation of the first reason In this place I stand not much vpon Bozius his dotages Now for that he vnderlaies after this fourth reason in the words following For he is not fit to receiue the Sacrament of Baptisme who is not ready to serue Christ and for his sake to loose whatsoeuer he hath For the Lord saith Lu. 14. if any man come to me and hateth not father and mother and wife and children yea and euen his owne life he cannot be my Disciple I cannot tell to what end he vseth these words Surely no man denies it But what of it Such a reason belongs no more to the purpose then that which is furthest from the matter nor that neither which followeth in the same place Besides saith he the Church should grieuously erre if she should admit any King which would with impunitie cherish euery manner of sect and defend heretikes and ouerthrow Religion This is most true But as I said it belongs nothing to the purpose for now the question is not of that matter but of the temporall power of the Church or of the Pope who is the substitute head thereof vnder Christ I meane whether he haue that power whereby he may chastise with temporall punishments Kings and Princes duely receiued if after they shall breake the faith and forsake the dutie vndertaken by them in the lauer of regeneration or no. Now neither part of this question is either proued or disprooued by these correllaries and additions and for this cause we passe them ouer CHAP. XXV THe fift and last reason is drawen from his Pastorall charge and office in these wordes When it was said to Peter Feed my sheepe Iohn the last all the power was giuen him which was necessarie to maintaine the
THe sixth is of Zacharie saith hee who being desired by the Nobilitie of France deposed Childerique and caused Pipine the Father of Carolus Magnus to be created King in his place Before I speake any thing of this example it is worth my paines to vnfold the darke storie touching the same and briefly to describe the whole action of Zacharie ioining the circumstances on both sides together with the opinion for proofe whereof it is brought and by this meane it may more easily appeare to the Reader how small strength it hath to confirme the proposition of the aduersaries First of all therefore in that story it is worthy the obseruation that Childerique and diuers other Meroningians that were Kings before him raigning without any authoritie at all in their Kingdomes had nothing but the vaine and idle name of a King For the treasure and power of the State were in the hands of the Officers who were called the Maiors of the Palace and who indeede swaied the whole gouernment of the Kingdome who were so much aboue the Kings and ordered and gouerned them as the King possessed nothing of his owne besides the idle name of the King and some allowance assigned him for his maintenance during life which the Maior of the Palace made him in his discretion but one poore Lordship in the Country of a small reuenew and in that a house where hee kept a few seruants to attend him for his necessarie seruices and to wait vpon him as Eginhartus writeth in the life of Charlemaine If any then doe looke more neerely into the matter he shall finde that in those times there were after a sort two Kings in France one who like the King in the â—hesse had onely the name of a King but no kingly authoritie as Atmoinus speaketh but the other who was called the Maior of the Palace in whom consisted the whole authority of the kingdome He in name onely was vnder the King but in authoritie and power ouer the King so as he wanted nothing but the name for the full and absolute Maiestie of ruling and raigning which also at the last was giuen him by the people that the soueraigne gouernment which he swaied might be signified by the title of a soueraigne honour Therfore Atmoinus speaking of Charles Martel father of Pipine who ouerthrew a huge Armie of Saracens rushing into France out of Spaine King Charles saith hee hauing beaten and ouercome the armies of his enemies vnder Christ the Author and Head of Peace and Victorie returned home in safetie into France the seat of his gouernment Marke how he calles the Maior of the palace a King by reason of that royall authority which he bare Secondly in that storie is to bee obserued that the Nobilitie of France being weary of the slothfulnesse of their idle Kings did with a wonderfull consent conuert their eies and hearts to Pipine Maior of the Palace sonne to Charles which did so animate him to the hope of the Kingdome that hee openly without nicenesse affected the name of a King which that hee might more easily compasse without mislike and displeasure of the Commons he resolued that the Pope was first to be dealt withall by an Embassadour and his assent to be required iudging indeede as the truth was that if the Pope should giue his assent that the Commons would easily rest in his iudgement by reason of the holinesse and reuerend opinion of the See Apostolique Thirdly we must vnderstand that Zacharie the Pope was generally aduised withall in the cause of the Kings which raigned at that time in France whether ought to bee called King he who had only the name of a King and no royall authoritie or he who by his industrie and wisdome did manage and gouerne all the affaires of the State and that hee the same Pope answered generally againe that it were better that he should be called King in whom the soueraigne authoritie did reside by which answer the Nobilitie being induced doe elect Pipine King There is no question but that the Pope was truly acquainted in hypothesi that is in particular that Childerique was to bee abandoned who carried onely the false name of a King and that Pipine was in his place to bee aduanced to the Crowne But I suppose that hee answered so generally for that the proposition being deliuered in generall tearmes carried no note of any certaine person and left to the Nobilitie of France their iudgement entire and free to collect from thence that which they desired And so the Pope did not simply depose Childerique but gaue his assent with the Deposers But because his consent was especially regarded therfore certaine Historians doe precisely say that hee deposed Childerique Lastly in that storie it must be seriously and diligentlie weighed that Zacharie the Pope hauing heard Pipinus his Embassadours touching the change of the Kingdome and deposition of Childerique iudged it to bee a matter of such noueltie and difficultie also as at the first hee durst not entertaine the thought of so great an enterprise although that by this time he had vnderstood sufficiently that the sloth and idlenesse of the Merouingians did greatly endammage the Church and Christian Common-wealth vntill such time as hee was certainely perswaded and saw that the whole nobility of France did fauour Pipin and desire him for their King and moreouer that Childericque was the last of the race of the Merouingians without children so dull and blockish That he could not tell how to grieue for the losse of his kingdome as was fit for him neither was there any that would mone his case These were the inducements which being ioined with a speciall loue affection which the Pope did beare to Pipine for that he and his father Charles had with many good offices deserued well of the Church of Rome and Apostolicke Sea did moue Zacharie to essent to the French who desired this change of their Kings These things although they be in this manner written touching this businesse yet haue we great cause to doubt of the iustice of that fact I know that Bellarmine in other places out of too much good opinion of the equity of this fact of Zachary doth boldly affirme that no sober man wil deny that that Act was iust But he alledgeth nothing but that the wisest man liuing may affirm for all that that it was iniust I say he brings no probable and forcible reason whereby a wise man may perswade himselfe that the Pope did iustly assent to the French men in the deposition of Childericke since that in no case we ought to doe ill that good although it be very great may come thereof Now wee haue sufficienly declared that for a lawfull King to bee deposed by his owne subiects or to consent to the deposers seeing hee hath God onely aboue him to whome onely he is bound to yeeld account of his actions is by it selfe and simply euill And the two reasons which he vseth
is right and due which learning we haue followed in this Booke and in the Bookes De Regno Therefore let vs lay this downe as a maine ground that the place of S. Paul which we spake of before is ment by him onely of the Temporall iurisdiction And yet wee confesse that that opinion of performing obedience may very truly bee applied to Spirituall iurisdiction also by reason of the generall similitude and as they say of the identitie of reason which holdes so iustly between them If then the Apostles in those times had no Temporall iurisdiction ouer priuate men that were regenerate and made the children of the Church how can it be that the successors of the Apostles should obtaine that iurisdiction ouer Princes who come to the Church Seeing it is repugnant of the Successors part that they should haue more interest ouer their spirituall Children by vertue of the power Ecclesiasticall then the Apostles had whom they succeed But on the Princes part what can be spoken with more indignitie and iniustice then that they professing the faith of Christ should bee pressed with a harder yoke then any priuate man among the Multitude But priuate men when they entred into the spirituall power of the Church lost no inheritance nor any temporall interest excepting those things which they offered of their owne accord and conferred to the common vse as appeareth in the Actes of the Apostles where Ananias his lye cost him his life being taxed by S. Peter in these wordes whilest it remained did it not appertaine to thee and after it was sould was it not in thine owne power Likewise therefore the Princes also after they gaue their name to Christ retained entirely and vntouched all their temporall interest I meane their Ciuill gouernment and authoritie Neither doth it a whit helpe the Aduersaries cause to say that the Apostles therefore had no Temporall power ouer the Princes of their age because they were not as yet made Christians according to that for what haue I to doe to iudge those which are without But that the Pope now hath that power because they are made Christians and sonnes of the Church because he is the supreme Prince and head in the earth and the Father of all Christians and that the right order of Nature and Reason doth require that the Sonne should bee subiect to the Father not the Father to the Sonne This reason is so trifling and meerely nothing that it is a wonder that any place hath been giuen to it by learned men for that spirituall subiection whereby Princes are made sonnes of the Pope is wholy distinguished and seperated from Temporall subiection so as one followeth not the other But as a President or Consul in the time while he is in office may giue himselfe in adoption to another and so passe into the family of an adoptiue father and into a fatherly power whereas notwithstanding by that lawfull act he transferreth not vpon the Adopter either his Consular authoritie nor any thing else appertaining to him by the right of that office so Kings and Princes and generally all Men when they enter into the bosome of the Church and yeeld themselues to be adopted by the chiefe Bishop as their Father doe still reserue to themselues whatsoeuer temporall Iurisdiction or Patrimonie they haue any where free entier and vntouched by the same right which they had before and so the Pope acquires no more temporall power by that spirituall Adoption then he had before which shall be prooued at large hereafter To this I may adde that when the Christian Common-weale did exceedingly flourish both with multitude of Beleeuers and sanctimonie of Bishops and with learning and examples of great Clerkes and in the meane time was vexed and tossed by euill Princes euen such as by Baptisme were made sonnes of the Church there was not any I will not say expresse and manifest declaration but not so much as any light mention made amongst the Clergie of this Principalitie and temporall iurisdiction of the Pope ouer secular Princes which notwithstanding if it had beene bestowed by the Lord vpon Peters person or in any sort had belonged to his successors although in truth or in deed as they speake they had not exercised it it had neuer beene passed ouer in so deepe silence and so long of so many and so worthy men for holinesse and wisedome and such as for the cause of God and the Church feared nothing in this world Who will beleeue that all the Bishops of those times burning with zeale and affection to gouerne the Church would so neglect this part of this Pastorall dutie if so be they had thought it to be a part wherein certaine of their successors haue placed the greatest defence and protection of the Faith that vpon so many and so great occasions they would neuer vse it against hereticall Emperours And yet there was neuer any amongst them who euer so much as signified by writing or by word that by the law of God he was superiour to the Emperour in temporall matters Nay rather euery one of them as he excelled most in learning and holinesse so he with much submission obserued the Emperor and sticked not to professe himselfe to bee his vassall and seruant S. Gregorie the Great may stand for many instances who in a certaine Epistle to Mauricius the Emperor And I the vnworthy seruant of your Pietie saith he and a little after For therefore is power giuen from heauen to the Pietie of my Lords ouer all men he said Lords that he might comprehend both the Emperour and Augusta by whom Mauricius had the Empire in dowrie Marke how this holy Bishop witnesseth that power is giuen from heauen to the Emperour ouer the Pope aboue all men saith hee therefore aboue the Pope if the Pope be a man Now it matters not much for the minde and sense of the Author whether he writ this as a Bishop and a Pope or as a priuate person seeing it is to be beleeued that in both cases hee both thought and writ it for our purpose it is enough to know how the Bishops of that age did carie themselues toward the Emperour for I feare not lest any learned man alleadge that Gregorie in that Epistle did so in his humilitie exalt the Emperour and submit himselfe to him by a subiection which was not due to him Because if any sillie fellow doe thus obiect I will giue him this answere onely that he offers so holie a Bishop great iniurie to say that for humilitie sake the lyeth and that he lyeth to the great preiudice of the Church and dignitie of the Pope so as now it is no officious but a very pernicious lye Let him heare S. Austine When thou lyest for humilities sake if thou diddest not sinne before thou didst lye by lying thou hast committed that which thou diddest shun Now that Gregorie spake not faignedly and Court-like but from his
heart those wordes doe testifie which he writeth more expresly about the end of that Epistle of his necessarie subiection and obedience toward the Emperour Mauricius had made a law which though it were vniust and preiudiciall to the libertie of the Church yet Gregorie receiuing a Commandement from the Emperour to publish it did send it accordingly into diuers countries to be proclaimed Therfore thus he concludes that Epistle I being subiect to the Commandement haue caused the same law to bee sent abroad into diuers parts of the world and because the same law is no whit pleasing to Almightie God behold I haue signified so much to my honorable Lordes by this letter of my suggestion Therefore in both respects I haue discharged my dutie in that I haue both performed my Obedience to the Emperour and haue not concealed that which I thought on Gods behalfe O diuine Prelate and speech to be continually remembred to all succeeding Bishops of all ages But ô God! whether is that gentle and humble confession banished out of our world to which this threatning and insolent speech against Kings and Emperors hath by little and little succeeded We being placed in the supreme throne of iustice possessing the supreme power ouer all Kings and Princes of the vniuersall earth ouer all Peoples Countries Nations which is committed to vs not by humane but by diuine ordinance doe declare will command c. which word it is plaine euen by this that they are false and vaine because the Pope hath neither spirituall nor temporall power ouer vnbeleeuing Princes and People as Bellarmine with very good reason sheweth in his bookes of the Bishop of Rome These and such like fashions as these who will they not driue into amazement and wonder at so great a change of the Popes state and gouernment or doe they not giue to all men iust cause to enquire wherefore the former Popes in the most flowrishing age of the Church acknowledged themselues to be the seruants subiects and vassals of Princes and obeied their authority in temporall matters when as they notwithstanding were ouer them in spirituall and our later Popes professe themselues to be Lords of all Kings Princes Countries and Nations In very truth this matter doth giue no small occasion to many learned men and good Catholikes to doubt of the iustnesse of this change yea indeed to beleeue that a temporall gouernement so great and so absolute had his beginning in the persons of Popes not from God omnipotent but from the impotent ambition of certaine men and that it was not in the beginning conferred from heauen vpon Peter by the Lord Christ but was vsurped by certaine successors of Peter many ages after according to the fashion of the world that is certaine Popes hauing a massed huge store of wealth and riches and fostering their blind ambition and sury by little and little challenged that greatnesse to themselues whereby they laboured and stroue that it might be lawfull for them to take away and bestow what soeuer Kingdomes and Principalities are in the world Sure they were men and as other men are sometimes too greedy of vanity as was he who only for the malice he bare against Philip the Faire King of France set forth a decretall constitution which brought foorth so many scandalls so many dangers that it deserued foorthwith to be abrogated by Boniface his successor Now the admirable and miserable assentation of certaine flatterers gaue increase and nourishment to that vice in them who by their fond and foolish assertions such as now these Bozian fancies are affirmed that all things were lawfull for the Pope and that by Gods law all things were subiect to him Whereby we may maruaile the lesse if many of them did so far forget their Bishoplike and Apostolike modesty that through a desire to enlarge their power they encroched vpon other mens borders Of whom Gaguinus a learned man and religious taxing by the way an authority so far spread and vsurped as he calls it Therefore so great saith he is their height and state that making small reckoning of Kings they glory that they may doe all things Neither hath any in my time come to the Popedome who hauing once got the place hath not forthwith aduanced his nephewes to great wealth and honor And long before Gaguinus S. Bernard Doth not in these dates ambition more then deuotion weare the thresholds of the Apostles vpon this occasion Platina In this manner dieth that Boniface who endeuoured to strike terror rather then religion into Emperors Kings Princes Nations Peoples who also laboured to giue Kingdomes and to take them away to famish men and to reduce them at his owne pleasure And the same Gaguinus in another place Such an end of his life had Boniface the disdainer of all men who little remembring the precepts of Christ indeuoured to take away and to bestow Kingdomes at his pleasure when as he knew well enough that he stood in his place here in earth whose kingdome was not of this world nor of earthly matters but of heauenly who also had procured the Popedome by subtelty and wicked practise and kept Caelestinus in prison while he liued a most holy man of whom he receiued honor CHAP. IV. NOw I do chiefly find two things which seem to haue giuen vnto the Popes the opportunity to arrogate so great power to themselues The one is the very great honor which as indeed there was reason was giuen to the chiefe Pastor of soules by Princes and christian people and yet ought to be giuen to him and the forestalled and setled opinion of the sanctity of that sea of the blessed Apostles Peter and Paul which is conspicuous and excelleth amongst all men in all spirituall honor and authority and in that respect hath been beyond all other most increased and honored with wealth and riches By these meanes all men were very easily perswaded to beleeue that neither the Pope in regard of his holinesse would challenge to himselfe any authority which did not appertaine vnto him and also that it was not lawfull for a christian man in any manner to disobey the Popes commandements Whereby it came to passe that sundry Popes whose mindes were too much addicted to ambition and vaine glory embouldned and hartned through the confidence of this so great reuerence and affection of men towards them drew to themselues this power ouer Kings which was vtterly vnknowen to the first successors of Peter The which also passed the more currant by reason of the preoccupate and now engrafted conceipt of the people and ignorant folke who being possessed of this opinion of holinesse did verily beleeue that the Pope could not erre either in word or deed and also by the writings of certaine cleargy men catholikes and Canonists who either erring through ignorance of the truth or wholly resolued into flattery of their Prince the Pope of whom they did
depend did heape and lay vpon his only person all the power which is in the vniuersall world with these allurements and inuitations the Popes who of their owne accord ran with speed enough toward honor and greatnesse were now much more enflamed as it were with certaine new firebrands of ambition and aspiring thoughts For all how many soeuer held that sea lawfully gouerned the Church with an authority equall to Peter but not all of them burning with the zeale of Peter gouerned it with equall disposition to him Nay I can not write it without griefe of heart it is certaine that many crept into that place by violence and villany others did breake into it and defiled the most holy Chaire with the filthinesse of their liues and behauiour others also who were aduanced to the height of that dignitie burned with an ambitious desire of ruling and out of their emulation and enuie against secular Kings and Princes endeuoured by all deuise and cunning to enlarge the bounds of their gouernment which in the beginning was meerely spirituall with the encrease of temporall Iurisdiction and authoritie Which affectation although at the first diuers supposed to be a grace and ornament to that great dignitie which the Vicar of Christ in earth and the successor of blessed Peter doth hold yet when some of them grew to that insolencie that they supposed it lawfull for them not onely to throw downe Kings from their Thrones but also to giue away great and goodly kingdomes for reward nay for a pray and to grant them to any that would seaze vpon them then surely there was no reasonable man but hee greatly misliked that vnreasonable pride of minde and either shed teares or conceiued great anger at the same Who was there at that time that did not either mourne inwardly or gnash his teeth in his head when that most proud Pope whom we mentioned before presumed so arrogantly to depriue that most mightie Monarch Philip the Faire of his kingdome and to bestow it together with the Empire vpon Albert Duke of Austria And that for no other reason in the world but because the King had laid his Legate by the heeles for threatning him in so saucie manner as he did as though by that Act the King of France whom a little before Innocent the 3 had ingeniously confessed that he had no superiour in temporall matters he had resigned his kingdome to the Pope as Client and Feudaire to him for so he denoūceth to the King by the Archdeacon of Narbona that the kingdome of Fraence was escheted to the Church of Rome for his Contumacie and violating of the law of Nations which speach of his what doth it else imply but that this kingdome in all mens iudgement the most free and flourishing kingdome of the world and by example and precedent thereof all other Christian kingdomes are as Benefices and Feudes of the Church of Rome and euen of the Pope himselfe seeing they could not otherwise escheate to that Church for Contumacie felonie as they tearme it vnlesse the direct temporall Dominion and fee of those kingdomes were in the same Church The other occasion of affecting so great a temporall Iurisdiction was presented by the sword of Excommunication the principall bulwarke of the spirituall gouernment which was so great terror to the world that the people durst neither neglect nor contemne the Popes curses being armed fortified howsoeuer by right or by wrong with the thunderbolt of Excommunication and this voice did vsually sound out of Pulpits That euery Excommunication although it were vniust was to be feared and that it belonged only to the Pope to iudge whether it were iust or vniust Besides that also that a man ought neither to eat nor to haue any Commerce with Excommunicate persons With which warnings and threatnings the Subiects of Princes excommunicate being for the most part terrified did fall from their Obedience and that which in Euils of this Nature was the worst of all the Pope partly by threatning of the like Curses partly by perswasions and gifts raised other Princes against a Prince that had been excommunicate by him For this cause those Princes vpon whom this malice of the Popes did sit so hard being wrapped in so many dangers on euery side and exposed to such a hazard of their estate made choise rather to pacific an angry Pope with the submission of their Crowne and Scepter and to redeeme their vexations then for their owne particular to embroyle all the world and to set all a fire with sedition and armes This short and compendious way had Popes to exanimate and daunt Kings and Princes with feare and almost to obtaine a victorie without striking stroke Notwithstanding many Princes of good resolution withstood such attempts and proffers of Popes and that so stiffely that the mischiefe which followed thereon turned rather to the Popes hinderance then the Prince But in this place the Reader may please to be aduertised that this Opinion which was so rife in euery mans mouth That euery Excommunication is to be feared ought to be vnderstood with this exception without that it manifestly appeare that it is vniust for then it is neither to be regarded nor feared so as the partie excommunicate be free from contempt and presumption for then it workes backwards and hurts not him against whom it is cast but him from whom it is cast Of which sort that Excommunication seemeth to be which is charged vpon Subiects because they obey their King or Prince being excommunicate in those things which belong to temporall Iurisdiction and doe not repugne the Commandements of God as shall hereafter be declared in a more conuenient place Besides neither is that alwaies true That we ought not to haue commerce or eat meate with Excommunicate persons for in this case it is not true where the danger is apparant least by such a separation some great mischiefe arise in the Church as vsually it doth when a Prince is excommunicate if his Subiects forbeare to communicate with him for there is neuer any Prince so much forlorne who cannot finde friends and clients by whose aide and armes hee may maintaine his cause although it be neuer so vniust with great hurt both to Church and common-weale whereof both in the memorie of our Forefathers and in our owne age there haue beene lamentable examples in Christian countries where I say any such thing is feared a separation of bodies is not necessarie But it is enough to be seuered from such in heart to be distinguished by life and manners for the preseruation of Peace and Unitie which is to bee preserued for the health of those which are weake as S. Austine excellently teacheth whereby it seemeth to follow that the Pope doth very vnaduisedly who forbids the Subiects communion and societie with their Prince so oft as no small both diuision and confusion hangeth ouer Church and Common-wealth yea that in such a Case
the Subiects are not bound to obey the Pope commanding the separation of their bodies But of this matter more in his place By these and the like it appeareth as I said that the Popes in the East times of the Church vsurped to themselues this temporall power ouer Princes which none of all their Ancesters did euer acknowledge neither in the first nor in the middle times And indeed Gregorie the 7. being exasperated partly with the publike offence of Henry the 4. the Emperour and partly with a priuate iniurie did first of all challenge to himselfe that right and power to giue and take away kingdomes affirming that Christ did giue to Peter and his successors all the kingdomes of the world in this verse Petra dedit Petro Petrus diadema Rodolpho But Gregorie raised nothing of that action but bloudy and raging Tragedies and was hindred by force and armes that he could not effect his vnhappy designes Now that the Church in her first times had no such power nay did not so much as suppose that she had any such power it is clearely prooued out of that Epistle of Hosius which wee alleadged to Constantius infected with the Arrian heresie and also vexing Liberius Bishop of Rome and other Orthodoxall Bishops with banishments and sundry other miseries for in that place that worthy man speakes not in the person of a Christian man nor of a simple Bishop but in the name of the whole Ecclesiasticke order and euen of the Pope himselfe and hee saith either true or false If true it is euident that the Church at that time conceiued that they had no temporall Iurisdiction ouer Kings and Christian Princes no not for heresie which is the most grieuous and pestilent crime that is If false wherefore that he might flatter the Emperour very like how then could he thus say Loquebar de testimonijs tuis in conspectu Regum non confundebar Or because he knew not the truth of the matter and the doctrine of the Church Surely I thinke no man will ascribe that to such a man who did not onely match the most of his age in learning and eloquence but also by reason of his yeeres exceeded them all in experience who hauing often been present at Councels and Assemblies of the holy Fathers and heard their iudgement of the power and authoritie of the Church could not be ignorant what was there determined touching 〈◊〉 Princes and the power of the Church ouer them I adde also that which passeth all the rest that this iudgement of this most noble Confessort to Constantius is commended by S. Athanasius but neuer misliked by any of the holy Fathers either of that time or of the ages following that we should iustly conceiue any preiudicate opinion of this iudgement CHAP. V. I Haue alreadie sufficiently discoursed of the follie of Bozius and the Canonists who affirme that the dominion and Empire of the whole world is giuen to the Pope by the law of God For I need not spend much paines in resuting the same since it is long agoe hissed out by the common consent of the Diuines Now let vs passe ouer to the other opinion which the Diuines misliking that of the Canonists haue substituted in the place of this reiected fancie and let vs see whether it agree with the truth Now he hath propounded it thus in the first Chap. That the Pope hath temporall power indirectly and after a certaine manner that is in respect of his spirituall monarchie hath I say the chiefe power euen temporall to dispose of the temporall estates of all Christians Which opinion if it bee true whatsoeuer is drawen from the Bishops by the denial of direct power the same is largely restored to him by this oblique and indirect way of ruling But I am afraid it is not true and that it is assaultable with the same engine wherewith that opinion of the Canonists was battered to the ground For the Diuines and aboue the rest Bellarmine learnedly doth for this reason reprooue the Canonists opinion which giues to the pope the dominion of the whole world and to Kings and secular Princes the execution onely and that committed to them by the Pope because the Popes themselues doe freely confesse as is expressed in diuers of their letters that temporall Empires and Kingdomes are giuen to princes of God and whatsoeuer either power or execution Kings and Emperours haue that they haue it of Christ. From whence the same Bellarmine concludes that argument very finely against the Canonists in a dilemma or perplexed maner of reasoning Therefore I aske quoth he either the Pope can take from Kings and Emperours this execution as being himselfe the supreme King and Emperour or he cannot if he can therefore he is greater than Christ if he can not therefore hee hath not truely this Kingly power And why may not wee aswell vse an argument of the same kinde against this other opinion of the Diuines Kingdomes and Empires are giuen by God as many holy Popes doe witnesse for which cause S. Gregorie in a certaine Epistle to Mauricius the Emperour beginneth in these words Our most sacred Lord and appointed of God and in another to Constantia Augusta Therefore your piety saith he whom with our Soueraigne Lord Almightie God hath ordained to gouerne the world let her by fauouring of Iustice returne her seruice to him of whom she receiued the right of so great authoritie What should I vse many words The Scripture it selfe witnesseth that Kings and Emperours receiue power from God whose Vice-gerents they are therein as saith Lyranus vpon that of Wisedome 6. Power is giuen to you from the Lord and vertue from the Highest who will inquire into your works Why then should not a man vse a dilemma out of Bellarmine against Bellarmine The Pope can one way or other that is directly or indirectly take away kingdomes and empires from Kings and Emperours and giue them to others or he can not if he can he is in some manner greater than God because he takes away that which God hath giuen For one that is lesse or equall cannot take away that which is granted by his greater or his equall Nay nor the Deputie or Vicar of him who granted without the expresse commandement of the Lord least any man should lay in our way that the Pope as Christs Vicar doth it Whereas it can be no where found that he hath receiued any warrant touching that matter either expresly or by implication as by those things which follow will easily appeare If hee can not then it is false which they say that he hath supreame power indirectly to dispose of all the Temporalties of Christians and to depose Kings and Emperours from their thrones and to suffect others in their places I would they would consider how their owne argument doth wringe them and not this onely but also another of greater force which we reported aboue out of the same booke and
premisses because if the Pope wil transferre any kingdome from one to another he may say that he iudgeth it necessary for the health of soules and none 〈…〉 of has iudgement as hath beene said And 〈…〉 his pleasure whether he will take from 〈…〉 but that all Kings 〈…〉 thâ—â— kingdomes which 〈…〉 at the 〈…〉 Behold in how 〈…〉 Christiaâ— Kings and Princes should stand 〈…〉 that the Pope hath power indirectly to 〈…〉 all tempâ—â—alitiâ—s of Christians who shall meaâ—â— tâ—at 〈…〉 owne pleasure and iudgement that 〈…〉 for him if he be displeased then to 〈…〉 his indirect power so oâ—t 〈…〉 priuate 〈◊〉 oâ— the ambiâ—◠〈…〉 forward or euen 〈…〉 and contemned 〈…〉 Where of â—â—â—face 〈…〉 haue giuen 〈…〉 all of iâ—any they 〈…〉 to 〈…〉 mighty 〈…〉 of the poâ—tifiâ—◠〈…〉 and 〈…〉 one after another as 〈…〉 I omit this reason taken 〈…〉 aâ—â—â—ought it 〈…〉 for that 〈…〉 that 〈…〉 kingdoms but an execution 〈…〉 to thâ—m by the Pope â—â—t iâ— it strange against the 〈…〉 and all the abâ—ttoâ— of the indirect power 〈…〉 all 〈◊〉 all 〈◊〉 and iurisdiction is 〈…〉 by the law of God oâ— of Man and also he 〈…〉 oâ— holdeth any thâ—ng iâ— he hold by neiâ—â—â—â— of these holdeth wrongfullâ— as Augustire reasoneth 〈…〉 against the Dâ—â—atists Therefore it cannot be that the Pope should iustly exercise any temporall iurisdiction ouer secular Kings and Princes vnlesse it be certaine that the same is giuen him either by the law of God or of Man But neither in diuine nor humane lawes is any such place found which confers any such power vpon him whereas on the contrary part the domination and authority of kings is openly commended and allowed by many testimonies of sacred Scriptures as when it is said By mee Kings raigne All power is giuen to you The Kings of the Nations rule ouer them The heart of the King is in the hand of God I will giue them a King in mine anger My sonne feare the Lord and the King Feare God honour the King and euery where the like speeches Lastly seeing this temporall power and Iurisdiction of the Pope whereof we speake is not found to be comprised neither in the expresse word of God in the Scriptures nor by the tradition of the Apostles receiued as it were by hand nor practised by vse and custome in the Church for these thousand yeeres and more or exercised by any Pope nor allowed and commended nay not so much as mentioned by the ancient Fathers in the Church I pray you what necessitie of faith should force vs to admit it or with what authoritie can they perswade the same vnto vs Our opinion say they is prooued by reasons and examples how glad say I would I be that that were true But wee ought chiefely to know this that onely those reasons are fit to prooue this opinion of theirs whereof euident proofes and demonstrations are made which none of them hath hitherto brought nor as I thinke could bring For as touching reasons onely probable and likely whereof Dialectike syllogismes doe consist their force is not such as can conclude and giue away from Kings and Princes their soueraigne authoritie from them seeing that euen in daily brables about trifling matters nothing can be concluded vnlesse the Cause of the Suiter bee prooued by manifest and euident proofes and witnesses and therefore the Actor not proouing he that is conuented although himselfe performe nothing shall carie the businesse But the helpe is very weake and feeble in Examples because they onely shew what was done not what ought to be done those excepted which are commended or dispraised by the testimonie of the Scriptures which seeing they are thus let vs now see with what reasons the Aduersaries continue their opinion CHAP. XIII THere is not one amongst them all who are of the Popes partie as I said before who hath either gathered more diligently or propounded more sharpely or concluded more briefly and 〈◊〉 than the worthy Diuine Bellarmine whom I mention for honors sake who although he gaue as much to the Popes authoritie in temporalities as honestly hee might and more then he ought yet could hee not satisfie the ambition of the most imperious man Sixius the fist Who affirmed that hee had supreme power ouer all Kings and Princes of the whole earth and all Peoples Countries and Nations committed vnto him not by humane but by diuine ordinance And therefore he was very neere by his Pontificiall censure to the great hurt of the Church to haue abolished all the writings of that Doctor which do oppugne heresie with great successe at this day as the Fathers of that order whereof Bellarmine was then did seriously report to me Which matter comforts me if peraduenture that which I would not any Pope possessed with the like ambition shall for the like cause forbid Catholikes to read my bookes Let him doe what he will but he shall neuer bring to passe that I euer forsake the Catholike Apostolike and Romish faith wherein I haue liued from a Child to this great age or dye in another profession of faith then which was prescribed by Pius the 4. We will then bring their reasons hither out of Bellarmine for they are fiue in number leauing others especially Bozius his fancies which are vnworthy that a man of learning should trouble himselfe to refute The first reason is which Bellarmine propounds in these wordes The ciuill power is subiect to the spirituall power when each of them is a part of the Christian common-wealth therefore a spirituall Prince may command ouer temporall Princes and dispose of temporall matters in order to a spirituall good for euery superiour may command his inferiour And least any peraduenture elude this reason by denying the Proposition with the next he labours to strengthen the same by three reasons or Media as they call them Now that ciuill power not onely as Christian but also as Ciuill is subiect to the Ecclesiastike as it is such first it is prâ—â—ued by the ends of them both for the temporall end is subordinate to the spirituall end as it appeares because temporall felicitie is not absolutely the last end and therefore ought to be referred to the felicitie eternall Now it is plaine out of Aristotle Lib. 1. Eth. cap. 1. that the faculties are so subordinate as the ends are subordinate Secondly Kings and Bishops Cleargie and Laitie doe not make two common wealthes but one that is one Church for we are all one bodie Rom. 11. and 1 Corinth 12. But in euery bodie the members are connexed and depending one of another but it is no right assertion that spirituall things depend on temporall therefore temporall things depend of spirituall and are subiect to them Thirdly if a temporall administration hinder a spirituall good in all mens iudgement the temporall Prince is bound to change that manner of gouernment yea euen with the losse of a temporall good therefore it is a signe
before seculr Iudges But other persons of the Ecclesiasticall order inferior to Bishops that is Clerks and Monkes continued vnto Iustinianus his time vnder the iurisdiction of ciuill Magistrates and for the same cause Leo and Anthemius Emperors about 60 yeeres before Iustinianus his Empire ordained by way of fauour That Priests and Clerkes of the orthodoxall Faith of what degree soeuer or Monkes in ciuill causes should not be drawen by the sentence of any Iudge greater or lesse out of the Prouince or place or Countrie which they inhabite but that they may answere the Actions of all men that haue cause of suite against them before their ordinarie Iudges that is the Gouernours of the Prouinces Behold how these being godly and catholike Princes affirme that the ordinarie Iudges of the Clerkes and Monkes are the Presidents of the Prouinces whom notwithstanding none of the Fathers or Bishops of that age challenged that they were in the wrong or that they did not speake truly holily and orthodoxally Wherby it is plaine that they conceiued too peruersly of Iustinianus who affirmed that he vsurped any Iurisdiction ouer the Laikes wheras they are to giue him very great thanks that he was the first of the Emperours who exempted the Cleargie being before that time altogether subiect to ciuill Magistrates from secular iudgement in ciuill Causes Which things being thus it is plaine enough that secular Kings and Princes are indued with soueraigne power temporall and that the Cleargie is subiect vnto them in Ciuill affaires Otherwise truly neither could Kings haue granted those priuiledges nor holy and wise men would haue prouided so ill for themselues and the whole Church that being of them selues absolute and free and loose from the bands of temporall power would suffer themselues to be brought into Obligation for these manner of Courtesies and Priuiledges for they plainly acknowledged that they were in their power and iurisdiction by whom they could be endowed with such a manner of libertie for that cannot be loosed and exempted which was not bound or concluded before Besides the Princes thorough out the world were at that time of so great pietie and deuotion that if they had either found out by themselues or vnderstood by the Bishops or Princes of the Priests that by the law of God the Clerikes were free from secular Iurisdiction they would forthwith haue prouided and enacted lawes and Edicts for the same nor haue challenged any title or interest either to their persons or goods For if out of an only zeale of deuotion they gaue away so frankely and so profusely euen those things which they conceiued to be their owne how much more would they haue abstained and held their hands from those things which by no title or right were due vnto them Therefore the exemptions and priuiledges which christian Princes haue granted to Ecclesiastike persons for honor and reuerence vnto them do sufficiently declare yea conuince that those Princes are greater then all Priests in temporall power nor that the chiefe Bishop and Prince of Priests and euen the Vicar of Christ is exempted for other reason and reputed as a priuiledged person but that he is a temporall Prince also and sustaines a two fold person the one of Peters succession in the gouernment of the Church the other of asecular Prince in a temporall iurisdiction which he hath receiued by the liberality of other Princes CHAP. XVI BY the same reason may the difference be ouerthrowen manifestly which he putteth between heathen Princes and Christian Princes as far as concernes temporall Domination ouer Ecclesiastike persons which place I cannot now passe by in silence without blam For he saith that the Bishop was subiect Ciuiliter de facto to Heathen Princes Because Christian law depriues no man of his right and inheritance Therefore as before the law of Christ men were subiect to Emperours and Kings so also they were after But when Princes became Christians and of their accord receiued the lawes of the Gospell presently they subiected themselues to the President of the Ecclesiastike Hierarchy as sheepe to the Pastor and members to the head and therefore afterwards ought to be iudged by him and not to iudge him It is an exceeding great fault in disputing to take those things which are enunciated of any one subiect for a certaine cause or are remoued from one subiect for a certaine cause and to attribute or detract them to or from another thing diuers and vnlike and to which the same cause doth not agree or indistinctly and confusedly to shuffle those things together in the conclusion which ought to be seuered and parted by some distinction Which fault who cannot plainely deprehend in this former reasoning of Bellarmine in which that is indefinitly and generally concluded of both the kindes of power and iudgement which ought truly and rightly to haue beene enunciated of one of them alone For that Princes conuerted to Christ submit themselues as sheepe to the Pastor and members to the head that cannot without wilfull cauill be vnderstood but of Spirituall subiection since they were not made his children or sheepe in other respect then for that they were by the same spirit regenerate in Iesu Christ and gouerned by the faith of the Church Therefore in all matters which belong to spirituall iurisdiction it is true that they ought to be iudged by him and not he by them But this submission what is it to Ciuill iudgement and temporall iurisdiction Was it fit to 〈◊〉 and confound together matters of so diuerse and differe it kinds And that which might truely be affirmed of one of them alone to pronounce generally and indefinitly of them both If he had said and therefore ought to be iudged of 〈◊〉 spirituall matters but not to iudge him afterwards surely he had concluded his argument very well But that same simple and absolutely ab illo eos iudicari posse is a 〈◊〉 collection For there is a twofould kinde of iudgement whereof by the one onely Princes may be iudged by the Pope but by the other the Pope himselfe might be iudged by them but that he had obtained a temporall gouernment which is subiect to none other I pray you tell me when Constantinus Magnus came to the Church did the Romane Empire which before his Baptisme was his did it by and by passe into the hands and power of Siluester the Pope and the Emperour who was a man that affected glory so much did he acknowledge the temporall power of that Pope ouer him Did either Clodouaeus transfer the kingdome of France or Donaldus of Scotland or others their kingdomes into the temporall power and iurisdiction of the Pope as soone as they had embraced the faith That same caueat of Paulus the Ciuilian is good Aboue all things we must take heed least a contract made in another matter or with another person hurt in another matter or another person Therefore let Bellarmine search as much as he
of all men who might by the law of nature constitute an Emperor ouer them not from the Bishop of Rome who hath no authority to giue a King or Emperor to any Prouince in the world without the consent of the same The same Cardinall being himselfe both a great Diume and Philosopher addeth many other things in that place by which he confirmes our distinction and declares that Emperors and Kings are both ouer and vnder the Popes And thus much touching the first reason of Bellarmine and the arguments brought by him to prooue the same CHAP. XVII THe second reason followes which is concluded by two fould arguments The second reason saith he the Ecclesiastike Common-weale ought to be perfect and in it selfe sufficient in order to her end For such are all Common-weales rightly founded therefore ought shee to haue all power necessary to attaine her end But the power to vse and to dispose of temporall matters is necessary to this Spirituall end because otherwise wicked Princes might with impunity nourish Heretikes and ouerturne religion therefore shee hath this power also Againe euery Common-wealth because it ought to be perfect and sufficient in it selfe may command another Common-wealth which is not subiect to it and constraine it to change the Gouernment yea euen to depose hir Prince and to appoint another when it cannot otherwise defend it selfe from hir ininries therefore much more may the Spirituall Common-weale command the Temporall Common-weale being subiect to hir and force it to change the Gouernment and to depose the Princes and appoint others seing she cannot otherwise maintaine hir Spirituall good I answer that heere are so many faults in this place as it seemeth that the Author did either idlely and carelesly transcribe all this out of some other or if it be all his owne that he did not very well remember those things which he had said before For a little before when as he laboured by another argument to prooue that the Ciuill power is subiect to the Ecclesiastike he affirmed that these powers were parts only of one Common-wealth and that they did constitute only one Common-wealth The first reason saith he is thus The Ciuill power is subiect to the Spirituall power because each of them is a part of the same Christian Common-wealth And againe secondly Kings Bishops and Clerikes and Laikes do not make two Common-wealthes but one But in this place he quite changes these two Powers into two Common-wealthes which therefore ought to be so seuered and disioyned as that Kings and Laikes doe make a Politike and Temporall Common-wealth Bishops and Clerikes a Spirituall or Ecclesiastike then which nothing could be spoken more absurdly or vnfitly for the present purpose For either he speaketh in this place of an Ecclesiastike power which is wholy seuered from the Ciuill power as it was once in the time of the Apostles and now is in those places where Christians laie amongst Heathen and Infidesl in which case it is euident that the Power or Common-wealth Ecclesiastike as he calles it or the Prince and Hierarch thereof hath no authority at all not so much as Spirituall ouer the Ciuill Prince because he is not a child of the Church Or he speakes of the power Ecclesiastike ioyned with the Ciuill as in a Christian Common-wealth and then hee doth wrong to make hir two Common-wealthes one Ecclesiastike and the other Politike when as they be onely two powers of one Christian Common-wealth and parts and members of one Church and Misticall body of Christ as himselfe deliuered before Further it is fals which he assumes That the power to vse to dispose of temporall matters is necessary to a spiritual end c. For the Prince of the Apostles himselfe openly teacheth that he had no such manner of authority ouer the temporalities of Christians except those which themselues of their owne accord did confer and offer to the Church when he saith Ananias why hath Satan tempted thy heart that thou shouldest lie to the holy Spirit and defraud of the price of the field Whilest it remained did it not belong to thee and being sould was it not in thy power If the Apostles had had power to dispose of the temporalties of Christians Peter surely had not said Did it not c. and when as Ananias might presently haue replied yes you had power to dispose of my goods and therefore fearing least you would take from mee more then was cause I concealed part of the price But because the Church had not this power therefore without cause did he lye to the holy Ghost And how if out of this foundation of Bellarmine it should follow that the primitiue Church had not all necessarie power to attaine vnto her end for for the space of 300 yeeres and more wherein she liued vnder heathen Princes after the passion of Christ she neuer had this power to dispose of Christians temporalties in which time notwithstanding it is most certaine that an infinite multitude of men and almost the greatest part of the world had giuen their names to Christ and that a more seuere and strict discipline raigned in the Church then at any time beside that it is impious to say that the Church was not then furnished with all necessarie meanes of Right and of Fact to attaine her end for the workes of God are perfect And surely he should doe Christ no small iniurie who thinkes that the Church is by him left and deliuered to the Apostles destitute of necessarie meanes for her preseruation Whatsoeuer was necessarie for the Church to attaine her end was abundantly and plentifully bestowed by Christ on his Apostles when he said Ego dabo vobis os sapientiam cui non poterunt resistere contradicere omnes aduersarij vestri Therfore whosoeuer conceiues that Christ recommended his Church to Peter and willed him thrice to feede his Lambes and Sheepe and supposeth that for the feeding of those sheepe and to the accomplishing of the end of his commandement he did not grant them all things necessarie both in Right and in Fact hee seemes to me no better then an Atheist and to doubt of the prouidence power and goodnesse of God Let vs imagine that he did not giue all power necessarie for the execution of so great a charge can any other reason why he did not be assigned then for because either the Lord knew not what was needfull or had no abilitie in him to giue it or which is a point of extreame malice he meant to deceiue his seruants and friends by enioyning that dutie vnto them which hee knew very well that they were neuer able to performe By these things it is cleare that the temporall authoritie and power to depose Princes is no way necessarie for the Church to attain her end although in humane consideration it may seeme sometimes to be profitable For God who hath chosen the foolish things of the world to confound the wise and
it is not lawfull for them to vse another mans authority and is fitting for the one onely to meddle in matter of armes and for the other with matter of iustice In the same manner two soueraigne Magistrates of the Christian Common-wealth the King and the Pope doe receiue from the common King and Lord of all the great God of Heauen and Earth a diuers power each perfect in his kind and gouerne the people by different iurisdictions and offices And these surely so long as they agree together in concord of mindes doe naturally assist one another to the maintenance and conseruation of each power and authority so as both the Ecclesiastike power doth with the Heauenly and Spiritual sword strike such as be seditious and rebellious subiects to their secular Prince and in requitall the power Temporall and Politike doth with an armed hand pursue Schismatikes and others falling from the faith or otherwise carying themselues stubbornly toward their holy Mother the Church and doth sharply chastice them with temporall punishments and ciuil corrections and Mulctes But when they are rent into contrary factions and oppose themselues one against the other the whole Christian Common-wealth either wholly fales to ground or at least is most greeuously wounded because there is none but God alone who can lawfully deuide that cause and redresse the wrong offred of either side CHAP. XVIII BEing desirous to passe on to other matters I was a little staide by a doubt which did arise touching the sense of the late argument of the second reason which was conceiued by the author in these words Also euery Common-weale because shee ought to be perfect and sufficient in hirselfe may command another Common-wealth not subiect to hir and inforce hir to change her gouernment yea also to depose hir Prince and to ordaine another being shee cannot otherwise defend hirselfe from hir iniuries For to confesse the truth when I first read these words in him I paused awhile that I might throughly vnderstand the meaning of these words and what the moment and waight of this argument might be For he seemed not plainly and expresly to approue it because he did lay open to vs certaine meanes of forceing a Neighbour Common-wealth and deposing the Prince thereof And when I had a long time skanned and examined the same I resolued that either it was a riddle or that his words doe admit this sence and interpretation Euery Common-weale may denounce and wage a iust war against another Common-wealth which beares both hatred and armes against her when as she cannot otherwise deliuer hirselfe from hir iniurie and if shee be the stronger may by force and armes force hir to conditions of peace and if she suppose that by that Caution shee hath not yet prouided sufficiently for hir security because peraduenture shee hath to do with a people that is by nature false and treacherous may reduce the whole Country into her power and iurisdiction and giue her lawes and orders remooue hir Prince take away hir authority and at hir pleasure alter the whole administration of the Common-wealth into another form But if this be the true sense of these words as I suppose it is that argument surely was to small purpose brought of Bellarmine for that is not gathered from hence which he concludes forsooth Much more may the Spirituall Common-wealth command the Temporall Common-wealth being subiect vnto hir and force hir to change hir administration and to depose Princes and ordaine others c. Because in this case there be not two Common-wealthes but onely one Christian resting on two powers whereof neither is subiect to other as we haue aboue sufficiently demonstrated as also for that if we grant that they are two Common-wealthes distinct the Ecclesiasticall or Spirituall and the Temporall he must of force confesse that in the one all Bishops and Clerikes only are comprised in the other all secular Princes and Laikes or that this is compounded of onely Ecclesiastikes that of onely Laikes For although the Laikes and Clerikes together doe constitute one Church and one christian Common-weale yet they doe not make together one Ecclesiastike and spiritual Common-wealth as it is distinguished from the temporall nor one temporall and secular Common-wealth but according to the diuision and separation aboue named the Laikes make the temporall and the Ecclesiastikes the spirituall in the case wherein the temporall is distinguished from the spirituall after this manner But now seeing the Ecclesiastike common-wealth containes onely Clerikes whose weapons ought to be none other but Praiers and Teares how can it be that she being weake and vnarmed can compell but by Miracle a temporall Common-weale armed to change the manner of her administration Therefore there is nothing more fond then this comparison and consequution of Bellarmine since in reasoning he proceeds from Common-wealthes well prouided for exercise and furniture of armes to Common-wealthes the one whereof is vtterly disfurnished of armes For as oft as one State either repelleth the iniuries which another would offer or reuengeth them being offered she fighteth with those armes which are allowed her and which by law of armes she may vse that is to say Corporall and Visible by force whereof she ouerturnes the bodies of her enemies inuades their holds battereth townes and ouerthrowes the whole state of the enemie Common-wealth But the spirituall Common-weale which he calles is quite destitute of this kind of armes and because it is composed of Clerikes onely it is lawfull for her to fight with spirituall armes onely which are Prayers and Teares for such are the defences of Priests in no other manner neither ought they neither can they resist For all of them are commanded in the person of Peter to put vp the Materiall sword How then can the spirituall Common-wealth constraine the temporall Common-wealth which contemnes the spirituall thunder-boltes that she should change the manner and forme of her Administration or depose her Prince and ordaine another Now if any peraduenture doe propound that the Ecclesiastike Common-wealth should bee assisted in the execution of so great a matter by the humane forces of secular men for Princes and all other Christians ought to be Nurses and defenders of the Church he will be answered out of hand that in that case the Ecclesiastike Common-wealth doth not constraine the temporall common-weale but is onely the Cause wherefore an other State temporall by whose helpe that spirituall one is defended and protected doth reuenge the wrong done vnto the Church In no other manner than if the whole Common-wealth should reuenge an iniurie or a slaughter receiued in the person of one Citizen Euen as it is recorded that the rest of the Tribes of Israell did wage a bitter and a grieuous warre against the Beniamites for rauishing the wife of one Leuite So the Graecians in times past reuenged Menclaus his iniurie with the ruine of Troy And the Romanes punished with a sharpe warre Teuca Queene of the
beginning that is presently turned into a necessity of obedience after that one faith of subiection is giuen As also because by the vow of religiont he obligation is taken only to God and the Church whereof the Pope is the Vicar or deputed head and therefore if the Pope to whom the free procuration and dispensation of all the buisnesses of the Church is permitted shall as it were in a fashion of renewing a bond transfuse and change the obligation taken to the Church into another Obligation and also doe interpret and consture that by the promise of a great good or performance there is satisfaction made to the Lord God who is the principall creditor in that businesse peraduenture it will not be very absurd to say that there may by chance prooue a liberation and freedome from the knot of the former vow and promise vnlesse some may thinke that it cannot be for this cause because the transgression of a lawfull vow is simply and of his owne nature sinfull and that which is sinfull may not be allowed to be donne to obtaine any good although it be very great But the solution of that obiection is very easie But the matter 〈◊〉 farre otherwise in the case of an Oath which men in their bargaines and couenants are wont to take to confirme and ratifie another Obligation thereby Seeing such a manner of oath is a certaine increase of that obligation to which it is added for securitie in such manner as suertiesâ—ip or assurance of any Pledge or Moregage is vsually taken And therefore although the oath be said to be made to God yet in this case the obligation doth accrew not to God principally but to the person to whom the oath is sworne quia per iuramentum â—urans non intendebat placere Deo sed satisfacere proximo Whereby it commeth to passe that he to whom the Oath is taken hath much more interest by that Oath and obtaineth much more power either to retaine it or to remit it then is granted to the Church in a vow for the Church or Pope euen as they confesse who submit all things to his pleasure cannot without great and iust cause dispense with the solemne vow of Religion But he to whom an other hath by oath bound his faith in the matter of giuing or doing may both alone and without cause of his meere pleasure wholy free the Promiser from the Religion of his Oath and 〈◊〉 it to him whatsoeuer it bee of himselfe so as his onely leaue and good will obtained neither is there any more need of the Popes absolution neither if he shall not performe that which he promised may he be reputed guiltie of periurie before God Therefore it is in a man in this Case who can at his pleasure either retaine one that is bound or dismisse him free which because they are so by the consent of all men how can it be that the Pope may take from the Creditor against his will an Obligation taken to him by the best law that may be I meane by the Law naturall diuine and humane by an oath euery manner of way lawfull which was added to the lawfull contract seing in this kind as in the former there is no place left to Construction by which it may be presumed that he is satisfied to whom principally the oath was made viz. No Creditor speaking a word against nor shewing the contrarie seeing presumption yeeldeth to the truth But let it be that he may vpon cause take it away and free the Promiser from the bond of his Oath because I wil not striue longer with the Canonists about this matter let him then take it away and what then force after thinke you will seeme in this our businesse you will say that the people will be free from the commandement and subiection of the Prince a soone as they are loosed from the bond of their oath Thinke you so indeed what doe you not see that this Oath is but an Accessarie onely to ratifie and assure the Obligation whereby loyaltie and obedience was promised to the Prince doe you not know that Accessaries are taken away and discharged with auoiding of the principall Obligation for although the principall being cancelled the Accessarie falles yet by the taking away of the Accessaries the Principall is not destroied Therefore the Obligation remaineth yet to which this Oath was added which because it consists vpon naturall and diuine Law doth no lesse straitly hold the mindes and consciences of men before God then if it were supported with an Oath quia Dominus inter iur amentum loquelam nostram nullam vult esse distantiam as much as concernes keeping faith of the promise Although the breaker of his Oath offendeth more by reason of the contempt of God and notwithstanding that in the externall Court Periurie is more grieuously punished by reason of the solemnitie of the promise then the faith neglected of a mans single promise and bare word as we say But if the Pope would also cancell this Obligation de Apostolicae potestatis plenitudine and deliuer and discharge the Subiects from the Oath of the King and enioyne them that they should not dare to obey his requests commandements and lawes vnder paine of Excommunication Shall not the expresse commandement of God seeme to contraueene this warrant of the Pope I meane the commandement of the honoring of Kings with all obedience Is it not lawfull in such a businesse and in a cause the greatest almost that may be to doe that which the Popes interpreters are accustomed to doe in Controuersies of lesse moment And that is to make diligent and carefull inquisition into this same plenitudinem Potestatis whether it extend it selfe so farre as that by it should expresly be forbidden which God doth expresly command or that which God directly forbids to be done the same may lawfully be commanded by it God commandes mee by Salomon to feare the King by his Apostles to honour the King to be subiect and obedient to him This surely is a commandement both of naturall and diuine Law that the inferiour should obey the superiour as long as hee forbiddeth not who is superiour to them both in the same kind of power And he in this businesse betweene the people and the Prince when the question is about temporall authoritie and subiection is God alone then whom alone the King is lesse in temporall matters as in spirituall the Pope Seeing then all men doe ingenuously confesse that this fulnesse of the Apostolike power is not so great that the Pope may in any sort dispense in those things which are bidden or forbidden by the expresse word of God which Axiome or Proposition Bellarmine chiefely resteth on while he would shew That the Pope cannot subiect himselfe to the coactiue sentence of Councels The Popes power ouer all men is saith he by the law of God but the Pope cannot dispence in the law of God We
first of all the Popes that euer aduentured this high course wee haue sufficiently declared before But who is ignorant how that same furious aggression and censure of Boniface the VIII vpon Philip the Faire how little it profited nay how much it hurt the Church Likewise that of Iulius the II. against Lewes the XII both Kings of France of Clement the VII and Paulus the III. against Henrie the VIII and of Pius Quintus against Elizabeth Kings of England Did not all these Princes not onely not acknowledge but also contemne and laugh to scorne that same papall imperiousnesse carried beyond the bounds of a spirituall iurisdiction as meere arrogation and an vsurped domination For the two last Popes I dare bee bold to affirme vpon a cleere ground for the matter is knowne to all the world that they were the cause that Religion was lost in England for that they tooke vpon them to vsurpe and practise so odious and so large a iurisdiction ouer the Prince and people of that kingdome Therefore how much more iustly and wisely did Clement the VIII who chose rather by a spirituall and fatherly charitie and a vertue agreeable to his name to erect and establish the state of the French Kingdome which began to stagger and sway in religion then to contend by this same haughty and threatning authority of a temporall iurisdiction because hee knew that seldome or neuer it had happie issue Out of doubt for Kings and Princes who glory not without cause that they are beholding onely to God the Sword for their Kingdomes and principalities it is proper to them of a naturall greatnes of mind to desire rather to die with honour then to submit their scepters to an others authority and to acknowledge any iudge superiour in temporall matters And for that cause it seemeth not to be good for the Church and Christian common-wealth that the Pope should be inuested in so great an authority ouer secular Princes by reason of the manifold slaughters miseries and lamentable changes of Religion and of all things besides which dospring from thence In which consideration I cannot but wonder at the weake iudgement of some men who take themselues to be very wise who to remoue from the Pope the enuie of so hatefull a power and to mitigate allay the indignation of Kinges whome it offen deth so much are not afraide to giue out and to publish in bookes scattered abroad that this temporall prerogatiue of the Pope ouer Kings is passing profitable euen for the Kings thēselus because as they say mē somtimes are kept in compasse more through the feare of loosing temporall then of spirituall estates An excellent reason surely and worthy of them who put no difference betweene Princes and priuate persons and measure all with one foot Surely these men reach so farre in vnderstanding that they vnderstand nothing at all As though that feare wich falles vpon priuate persons is wont to possesse also the minds of Princes who hold themselues sufficiently protected and armed with the onely authority of their gouernment against all power and strength and impression of any man That reason ought onely to be referred to them whom the terrour of temporall authority and the seuerity of ordinary iurisdiction do reclaime from offending with feare of punishment for these kind of people because they are sure that if they offend they shall be chastised with some pecuniarie or corporall mult doe for the most part abstaine from doing hurt not for conscience but for the displeasure and feare of the losse of temporall thinges But Kings haue not the same reason but being placed on high aboue all humane constitutions and all positiue lawes doe giue vnto God onely the account of their administration whose punishment the longer it is in cōming the more seuere it is like to bee Against priuate persons the execution of punishment is ready which they cannot auoid without the mercy of the Prince But what execution can bee done against Princes seeing they are not tied by any sanctions of humane lawes nullisque ad poenam vocentur legibus tuti imperij poteslate For that it is expressed in the law That the Prince is free from the laws that both the Latine and the Greeke Interpreters do vnderstand as of all lawes so especially of poenall that the Prince although he doe offend may not be chastised by them or as the Graecians doe speake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which is the cause that Kings being assured both the greatnesse of their authority and confidence of their Armes feare not the losse of any temporall estate seeing there is not one among a thousād of them so froward and friendlesse but that he can find many friends to follow his party by whose helpe and aduice whether he be to vse sleight or strength hee supposeth he can maintaine his Crowne and scepter And for this very reason it is so farre that they will be terrified with these imperious and lording minitations to take their Kingdomes away that they are rather inflamed and set on fire by them against all pietie and religion And it is verie certaine that this temporall power which the Pope some ages past doth challenge ouer all men is so hatefull to princes that euen they who doe much honour the seate of Peter and do acknowledge the great power of his successors in spirituall causes yet they cannot without indignation endure to heare the speech of this temporall domination The reason is because neither in the sacred scriptures nor traditions of Apostles or any writings of ancient fathers there appeareth any testimony nay no token or print of footing of any such authority of the Pope and that a matter of so great weight I meane so great a commaund and power of raigning should bee euicted or wrested from them without the manifest word of God or pregnant proofe of reason neither can they endure any reason of law or indifferencie of equity can admit Wherfore wise men haue euer been of this mind that the Popes should with much more case procure the peace of the Church if according to the custome of their ancesters they would quietly rest themselues within the bounds and compasse of the spirituall iurisdiction and that according to their Apostolicke charity they should humblie entreat wicked Kings requesting beseeching protesting with praiers and teares that they would returne into the way rather then that they should goe about through this hatefull intermination to strip them of their temporall authority as it were through force and feare wherby they profit nothing or little to extort and wrest from them amendement of maners and faith And if these Princes bee so obstinate and stiffe in their wicked courses that they can be moued with no teares nor bended with no praiers the assistance of God must be implored and they abandoned to his iudgement But now let vs goe forward CHAP. XXXII THe second argument which Bellarmine deducteth out of his fift
vse a temporall authority euen ouer them who haue receiued authoritie ouer others And if any Bishop may doe that much more the Prince of Bishops Thus he And this example also is very farre from the matter in question wherein appeareth neither mention nor so much as any token of a temporall authority of a Bishop ouer an Emperour or any thing else whereby it may be concluded by any probable argument that such an authority doth belong to a Bishop but wholy belongeth to that spirituall authority of a Bishop which we both in heart acknowledge and confesse with the mouth that the pope hath ouer all Christians of what order or place so euer they be Ambrose excommunicated the Emperour for an offence committed by the iniust slaughter of many men doth not this belong to the spirituall iurisdiction of the Church which at this time Ambrose did exercise by his Episcopall authority But he could not excommunicate saieth he vnlesse he had vnderstood and iudged of that cause before although it were criminall and belonged to the externall Court Yes he might de facto as vnaduised Priests doe whome I haue seene sometimes send out an excommunication without tendring of the cause but de iure he ought not otherwise he should haue beene an iniust iudge if he had punished the delinquent party without hearing of the cause But let it be so he vnderstood the cause and iudged him worthy of censure and therefore did excommunicate the Emperour what then But he could not vnderstand and iudge of such a cause saith hee vnlesse also hee had beene a lawfull Iudge of Theodosius in an Externall Court Alas wee are catched in a snare vnlesse wee beware this peece of sophistry there lurketh in this assertion an exceeding cunning deceit by these words In an Externall Court A Court is twofold Politique or Ciuill and Ecclesiasticke or Spirituall The ciuill Court is wholy externall the Ecclesiasticke is subdiuided into externall and internall The externall Court Ecclesiasticke is wherein the causes belonging to the notice of the Church are openly handled and iudged and if they be criminall punishment is taken of them by ExcoÌ„munication interdiction suspension depositioÌ„ or by other means and oftentimes both the temporall and spirituall or Ecclesiasticall Iudge doe heare the same crime euen in the externall Court but each of them in his proper Court and to impose diuers penalties as the ciuill Iudge taketh knowledge of adultery vt sacrilegi nuptiarum gladio feriantur The Iudge Eclesiastique also taketh knowledge who hath the care of the soule to admonish the offender of his fault and if he persist in offending to chastise him with spiritualll punishments But the internall Court of the Church which is called the Court of the soule the Court of Poenitencie the Court of Conscience is that wherein the Priest takes notice and iudgeth of the sins reuealed to him by the conscience and in his discretion doth enioine him Poenitency according to the quality of the sinne For now the common opinion is that Poenitential constitutions are arbitrary that not only the Bishop but also any discreete Confessor may regularly moderate and mitigate them in the Court of the soule If therefore Bellarmine by forum externum do vnderstand the Ecclesiasticall Court which is content with spirituall paines onely wee grant all which hee saith For Ambrose was the lawfull Iudge of Theodosius in that Court and that he openly declared in deed and in effect when as hee did excommunicate him But when this is set down and granted there can nothing bee gathered from hence to confirm the temporall authority of Bishop or Pope because aswell the iudgement as the punishment was spirituall But if Bellarmine by forum externum vnderstand the ciuill Court it is most false which he propoundes for as the powers ecclesiasticke and ciuill are distinguished of God so are their Courts dictinct their iudgements distinct For the same Mediator of God and men Christ Iesus hath seuered the offices of each power by their proper actions and distinct dignitus Surely hee doth Ambrose great wrong if he thinke that after hee had obtained the Bishopricke hee heard and iudged criminall causes in a ciuill Court Ambrose then was no lawfull Iudge of Theodosius in an externall ciuil Court which is inough to proue that hee could not iudge or punish the Emperour with any temporall punishment But you will say Ambrose heard and iudged of the slaughter It is true but not as a ciuill and temporall Iudge J say I did not take knowledge of the crime for the same end for which the secular Iudge doth that place out of Aristotle is very good that many may take knowledge of one and the same subiect diuersly and after a diuers manner end and intention Jt is the same right angle which the Geometrician searcheth to vnderstand and the handicrafts man to worke by it So it is the same crime whereof the Laicke Iudge taketh notice that hee may punish the offender by death banishment the purse or by some other temporall punishment and which the ecclesiasticall Iudge knoweth that for the quality of the offence he may enioine spirituall punishment and Penitence At coegit Imperatorem adlegem politicum ferendam viz. he constrained the Emperour to make a ciuill law and therefore hee vsed a temporall authority ouer him A â—est If hee constrained him by what power by feare of what did hee constraine him The summe of the story will teach vs that which is thus Ambrose had cast on Theodosius the band of excommunication from whence when the Emperour desired to be deliuered the graue Prelate denies to doe it before such time as hee see in him some fruit of repentance what paenitence saith he haue you shewed after so hainous a crime or with what medicine haue you cured your grieuons wounde The Emperour answered that it is the office of the Bishop to temper and lay a medicine to the wound that is to say to enioine poenitencie to the sinner but of the Poenitent to vse those medicines which are giuen him that is to say to performe the poenitency enioined vnto him Ambrose hearing this for poenitence and satisfaction he imposed vpon the Emperour the necessity to make this law whereof we speake which being made and enacted for presently the Emperour commaunded the law to bee ordained Ambrose did loose him fram his bonds of excommunication Therefore in this case Ambrose vsed no temporall authoritie against Theodosius but whatsoeuer it was he commaunded by vertue and power of his spirituall iurisdiction neither did the Emperour obey this Prelate for feare of any temporall punishment for if hee would not haue obeied but as wicked Princes sometimes doe had contemned both the excommunication and the absolution Ambrose could goe no further at all But because the godly Prince was carefull for his soule lest hee beeing bound too long with this spirituall chaine might through the long imprisonment gather filthinesse