solemne and famous Canon of Gregory the seuenth Nos sanctorum Of whom since he had made a new rent in the body of the Church as Authors of his own Religion if he had any professe it is no maruaile that he patched it with a new ragge in the body of the Canon law Thus therefore he saies Insisting vpon the statutes of our predecessors by our Apostolique authority wee absolue from their Oath of Alleageance all which are bound to persons excommunicate And we vtterly forbid them to beare any Alleageance to such till they come to satisfaction But to whom shall these men be subiect in the meane time To such a one as will be content to resigne when so euer the other will aske forgiuenesse Ambition is not an ague it hath no fits nor accesses and remittings nor can any power extinâ—guish it vpon a sodaine warning And if the purpose of Popes in these deposings were but to punish with temporarie punishment why are the Kingdomes which haue been transferred by that colouâ— from Hereticall Princes still with-held from their Catholique Heires 29 But who these predecessors of whom the Pope speaks in this letter were I could neuer find And it appeares by this that this was an Innouation and that he vsed Excommunication to serue his own ends because in another Canon he sayes That many perished by reason of Excommunications and that therefore he being now ouercome with compassion did temper that sentence for a time and withdraw from that band all such as communicated with the excommunicate person except those by whose Counsaile the fault was perpetrated which induced the Excommunication And this sayes the glosse he did because he saw them contemne excommunication and neuer seek Absolution for all those whom he exempts by this Canon were exempt before his time by the law it selfe So that where he sayes Temperamus it is but Temperatum esse ostendimus and hee did but make them afraid who were in no danger and make them beholden to him whom the law it selfe deliuered And of this Canon in speciall words one of their great men sayes That it binds not where it may not be done without great damage of the subiect 30 Of his Successor almost immediate for Victor the third lasted but a little I finde another Canon almost to the same purpose for he wrâ—tes to a Bishop to forbid the Souldiers of an Earle who was excommunicate to serue him though they were sworne to him For sayeâ— heâ— They are not tied by any authority to keepe that alleageance which they haue sworne to a Christian Prince which resists God and his Saints and treads their precepts vnder his feete But in this man as Gregories spirit wrought in him whâ—lst he liued for he was his Messenger to publish the Excommunication against the Emperour in Germany so Gregories ghost speakes now for all this was done to reuenge Gregories quarrell though in his owne particular hee had some interest and reason of bitternesse for he had beene taken and ill vsed by Henry in Germany 31 In the 25 Cause there is a Canon which tasts of much boldnesse What King so euer or Bishop or great person shall suffer the Decrees of Popes to be violated Execrandum Anathema sit But these for in this Cause there are diuers Canons for the obseruing of the Canons are for the most part such imprecations as I noted before Gregory the first â—o haue made for preseruation of the priuiledges of Medardus Monastery and some other of the same name of which kinde also Villagut hath gathered some other examples And at farthest they extend but â—o excommunication and are pronounced by the Popes themselues and are intended of such Canons as are of matters of faith that is such as euen the Popes themselues are bound to obserue as appeares here by Leoâ—he â—he fourths Canon Ideo permittente And here I will receiue you from Gratian and leade you into the Decretals whom they iustly esteeme a little better company 32 To proue the Popes generall right to interpose in all causes which seemes to conduce to the Question in hand they cite often this case falling out in England which is vpon seuerall occasions three or foure times intimated in the Decretals It was thus Alexander the third writes to certaine Bishoppes in England to iudge as his Delegates in a Matrimoniall cause And because the person whose legitimation was thereby in question was an â—eire and the Mother dead and the Pope thought it not fit that after her death her marriage should bee so narrowly looked into since it was not in her life therefore he appoints That possession of the land should bee giuen first and then the principall point of the marriage proceeded in And by this they euict for him a title in temporall matters Accessorily and Consequently But if they consider the times they may iustly suspect vniust proceeding For it was when Alexander the third did so much infest our King Henry the second And it seemes he did but trie by this how much the King would endure at his hands for when he vnderstood that the king tooke it ill then came another Letter related also in the Canons wherein hee confesseth that that matter appertaines to the King and not to the Church And therefore commaundes them to proceede in the matter of the marriage without dealing with the possession of the land 33 Another Canon not much vrged by the defenders of direct Authoritie but by the other faction is a Letter of Innocent the third In which Letter I beleeue the Pope meant to lay downe purposely and determinately how farre his power in Temporall matters extended For it is not likely that vpon a Petition of a priuate Gentleman for Legitimation of his Children who doubted not of his power to doe it the Pope would descend to a long discourse and proofe out of both testaments and reasons of conueniencie that he might doe it and then in the end tell him hee would not except hee meant that this Letter should remaine as euidence to posteritie what the Popes power in Temporall causes was Let vs see therefore what that is which he claimes 34 A Subiect of the King of France who had put away his Wife desires the Pope to legitimate certaine Children which he had by a second wife And it seemes he was encouraged thereunto because the Pope had done that fauour to the King of France before The Pope answers thus By this it seemes that I may graunt your request because I may certainely Legitimate to all spirituall capacities and therefore it is Verisimilius probabilius that I may doe it in Temporall And sayes he It seemes that this may be prooued by a similitude because hee which is assumed to bee a Bishop is exempted thereby from his fathers iurisdiction and a slaue deliuered from bondage by being made a Priest And hee addes In the patrimonie I
may freely doe it where I am supreme Prince But your case is not the same as the Kings was not oâ—ly for spirituall considerations which are That he was lawfully seperated and pretended neerenesse of blood and was not forbid to marrie againe and your proceeding hath beene without colour and in contempt of the Church But the King who had no Superiour in Temporall matters might without doing wrong to any other submit himselfe to our iurisdiction But you are knowen to be subiect to another Thus farre hee proceeded waueringly and comparatiuely and with conditions and limitations 35 And least this should not stretch farre enough he addes Out of the Patrimonie in certaine causes wee doe exercise Temporall iurisdiction casually which the Glosse interprets thus requestedâ— And the Pope hath said before That he which makes this request must be one that hath no Superiour And in this place he sayes That this may not be done to preiudice anothers right But after this vpon a false foundation that is an errour in their Translation where in Deuteronomie Death being threatned to the transgressour of the sentence Of the Priest and Iudge they haue left out the Iudge he makes that state of the Iewes so falsely vnderstood to be a Type oâ— Rome and so Rome at this time to be Iudge of all difficulties because it is the seate of the high Priest But he must be thought more constant then to depart from his first grouÌ„d and therefore must meane When superiour Princes which haue no other Iudges are in such doubtes as none else can determine Recurrendum est ad sedâ—m Apostolicam that is they ought to do it rather then to go to the onely ordinary Arbitrator betweene Soueraigne Princes the sword 36 And when such Princes doe submit their causes to him in such cases hee deâ—lares himselfe by this Canon to be a competent Iudge though the matter be a ciuill businesse and he an Ecclesiasticall person and though he seeme to goe â—omewhat farther and streâ—ch that typicall place in Deuteron to â—gree with Rome so farre that as there so here he which disobeyes must die yet hee explanes this death thus Lâ—t him as a dead man be seperated from the Communion by Excommunication So that this Canon pâ—rposely enacted to declare temporall authority by a Pope whom none exceeded in a stâ—ffe and earnest promoâ—ing the dignity of that Sea procedes onely by probabilities and verisimilitudes and equiualencies and endes at last with Excommunication and therefore can imprint in you no reason to refuse this Oath For out of this Canon doth Victoria frame a strong argument That this most learned Pope doeth openly confesse by this Canon that he hath no power ouer the King of France in Temporall matters 37 Another Canon of the same Pope is often cited by which when the King of England complain'd that the King of France had broken the Peace which was confirm'd by Oath the Pope writes to the Bishops of France That though he intende not to iudge of that Title in question which appertaines not to him yet the periurie belongs to his cognisance and so he may reprooue and in cases of Contumacie constraine Per districtionem Ecclesiasticam without exception of the persons of Kings And therefore sayes he If the King refuse to performe the Articles and to suffer my Delegates to heare the cause I haue appointed my Legate to proceede as I haue directed him What his Instructions were I know not by this but beyond Excommunication you see by the Text he pretends not Whatsoeuer they were this is certaine That the Princes of those times to aduantage themselues against their enemies with the Popes helpe did often admit him to doe some acts against other Princes which after when the Pope became their enemie themselues felt with much bitternesse But in this Canon hee disclaimes any Iurisdiction to iudge of Titles which those Popes tooke to themselues who Excommunâ—cated our late Queene if Parsons say true That they had respect to the iniustice of her Title by reason of a Statute and all those Popes must doe which shall doe any act which might make this Oath vnlawfull to you 38 In the title De Sent. Excom there are two Canons which concernes onely Excommunication of Heretickes and inâ—ringers oâ— Ecclesiasticke Immunitie and are directed but to one parâ—icular place VVhich though they can impose noâ—hing vpon your conscience against this Oath may yet teach you not to grudge that a State which prouides for her securitie by Lawes and Oathes expresse it in such words as may certainely reach to the principall purpose thereof and admit no euasions For so these Canons doe when they Excommunicate All of all Sexe of any Name Fauourers Receiuers Defenders Lawmakers Writers Gouernours Consuls Rulers Councellours Iudges and Registers of any statutes made in that place against Church liberties 39 That the Canons haue power to abrogate Ciuill lawes of Princes they vse to cite the Canon Quoniam omne made by Innocent the third who hath made more Canons then halfe of the Popes before him And if this doe not batter downe yet it vndermines all secular power For they may easily pretend that any Lawe may in some case occasion sinne This Canon hath also more then Ordinary authority because it is made in a generall Councell thus it â—aies Absque bona fide nulla valeat praescriptio tam Canonica quam ciuilis And this saies Bellarmine doth abrogate an Imperiall lawe by which prescription would serue so that it begann Bona fide though at some time after he which was in possession came to know that his title was ill but the Canon lâ—w requires that he esteeme in hâ—s conscience his title to be good all the time by which he pâ—escribes But by this Canon that particular Imperiall lawe is no more abrogated then such other lawes as cannot be obserued without danger of sinne which includes not onely some Ciuill Constitutions but also some other Canons For your Glosser saies That the Canon derogates from all Constitutions Ciuill and Ecclesiastique which cannot be obserued without deadly sin that is it makes them guilty in foro interiori He addes That he doth not beleeue that the Pope did purpose by this Canon to preiudice the ciuill lawes nor that the wordes are intended of ciuill and secular law but that by those wordes Tam ciuilis quam Canonica the Pope meanes that a prescriber Malae fidei is guilty in conscience whether it be of a matter Secular or Ecclesiastique For saies bee though some say the Pope meant to correct the law herein yet this correction is not obserued in Iudicio Seculari And therefore saies hee I doe not beleeue that the Pope himselfe is bound to iudge according to this Canon where he hath temporall iurisdiction because hee hath that Iurisdiction from the Emperour therefore the Imperiall law standes still and is not abrogated by this Canon
as mischeuous doctrine that the power of excommunication is got by prescription And so saies another great Patron of that greatnesse the Priests obeyed the Kings of Israel but contrarily our Priests doe prescribe ouer the temporall power And Sayr proceedes further and saies that though Panormitane be of opinion That one can prescribe in no more then that which he hath put in practise yet if hee haue so exercised any one act of Iurisdiction as excoÌ„munication is as that he had a will to doe all he prescribes in all And there is no doubt but that when Pius the fift excommunicated he had a good will to Depose also 99 From this also haue proceeded all those enormous deiections of Princes which they cast and deriue vpon al Kings when they speake them of the Emperour for though the later writers are broder with the Emperour and chose rather to exemply in him then in any other Soueraigne Prince vpon this aduantage that they can more easily proue a Supremacy ouer him by reason of the pretended translation of the Empire yet it is a slippery way and conueyance of that power ouer all other Princes since in common intendment and ordinary acceptation no man can be exempt from that to which the Emperour is subiect And of the Emperour they say That not onely he may be guilty of â—reason to the Pope but if a subiect of the Pope offend the Emperour the treason is done to the Pope Yea if it be the Emperours subiect and the iniury done to the Emperour yet this is treason to the Pope So that the Emperour doth but beare his person for in his presence hee must descend and in a Councell his â—eate must be no higher then the Popes footstoole nor any State he hunge ouer his head 100 And from hence also hath growne that Distinction Superstitious on one part Seditious on the other of Mediate and Immediate institution of the two powers for Ecclâ—siastique authority is not so immediate from God that he hath appointed any such certaine Hierarchy which may vpon no occasion suffer any alteration or interuption Nor is secular authority so mediate or dependant vpon men as that it may at any time be extinguished but must euer reside in some forme or other And Bellarmine himselfe confesses That as Aaron was made Priest ouer the Iewes and Peter ouer the Christian Church immediately from God so also some Kings haue beene made so immediately without humane election or any such concurrence So that Regal Digniâ—y hath had as great a dignification in this point from God as Sacerdotall and to neither hath God giuen any necessary obligation of perpetuall enduring in that certaine forme So that that which Bellarmine in another place sayes to be a speciall obseruation wee acknowledge to bee so which is That in the Pope are three things His place his person and the vnion of them the first is onely from Christ the second from those that elect him and the third from Christ by mediation of a humane act And as wee confesse all this in the Pope so hath he no reason to denie it to be also in kings he addes further That the Cardinals are truly said To create the Pope and to be the cause why such a man is Pope and why he hath that power but yet they doe not giue him that power as in generation a father is a cause of the vnion of the body and soule which yet is infused onely from God And in all this we agree with Bellarmine and we adde that all this is common to all supreame secular or Ecclesiastique Magistrates 101 And yet in Hereditary kings there is lesse concurrence or assistance of humane meanes then either in elected kings or in the Pope himselfe for in such secular states as are prouided by election without all controuersie the supreame power in euery vacancy resides in some subiect and inheres in some body which as a Bridge vnites the defunct and the succeeding Prince And how can this be denied to be in the Colledge of Cardinals If as one saies the dominion temporall be then in them and that they in such a vacancy may absolue any whom the Pope might absolue If therefore in all the cases reserued to himselfe as namely in deposing Princes and absoluing subiects he proceed not as he is Pope but as he is spiritual Prince as Bellarmine saies and wee shall haue occasion hereafter to examine If that Colledge may absolue subiects as he might this supreamacy and spirituall Principality resides in them and is transfer'd from them to the Successor 102 Certainely all power is from God And as if a companie of Sauages should consent and concurre to a ciuill maner of liuing Magistracie Superioritie would necessarily and naturally and Diuinely grow out of this consent for Magistracie and Superioritie is so naturall and so immediate from God that Adam was created a Magistrate and he deriu'd Magistracie by generation vpon the eldest Children and as the Schoolemen say if the world had continued in the first Innocency yet there should haue beene Magistracie And into what maner and forme soeuer they had digested and concocted this Magistracie yet the power it-selfe was Immediately from God So also if this Companie thus growen to a Common-wealth should receiue further light and passe through vnderstanding the Law written in all hearts and in the Booke of creatures and by relation of some instructers arriue to a sauing knowledge and Faith in our blessed Sauiours Passion they should also bee a Church and amongst themselues would arise vp lawfull Ministers for Ecclesiastique function though not deriued from any other mother Church though different from all the diuers Hierarchies established in other Churches and in this State both Authorities might bee truely said to bee from God To which purpose Aquinas sayes expressâ—ly and truely That Priesthood that is all Church function before the Law giuen by Moses was as it pleasd men and that by such determination of men it was euer deriued vpon the eldest Sonne And we haue also in the same point Bellarmines voice and confession That in that place of S. Paul to the Ephesians which is thought by many to be so pregnant for the proofe of a certaine Hierarchie The Apostle did not so delineate a certaine and constant Hierarchie but onely reckoned vp those gifts which Christ gaue diuersly for the building vp of the body of the Church 103 To conclude therefore this point of the distinction of Mediate and Immediate Authoritie a Councell of Paris vnder Gregorie the fourth and Lodouicke and Lotharius Emperours which were times and persons obnoxious enough to that Sea hath one expresse Chapter Quod Regnum non ab hominibus sed a Deo detur There it is said Let no King thinke that the Kingdome was preseru'd for him by his Progenitors but he must beleeue that it was giuen him by
place Hoc in aeternum nunquam fiet that all Laymen will come vnder them they haue prouided that all Clergie men which be vnder them shall be safe enough as welll by way of Counsell for so Mariana modefies his Doctrine that the Prince should not execute any Clergy man though hee deserue it as by positiue way of Aphorismes as Emanuel Sâ doth That they are not subiects nor can doe treason and by way of Fact and publique troubling the peace of al Christendome as appeared by their late attempt vppon Venice for this Exemption 30 And as the immensnesse of this power auerts me from beleeuing it to bee iust so doeth this also decline me that they will not bee brought to tell vs How he hath it nor How hee got it For as yet they doe but stammer and the Word stickes in their iawes and wee know not whether when it comes it wil be Directly or Indirectly And they are as yet but surueying their Euidence they haue ioyn'd no issue nor know we whether they will pleade Diuine Law that is places of Scripture or Sub diuine Law which is interpretation of Fathers or super diuine law which is Decretals of Popes But Kings insist confidently and openly and constantly vpon the law of Nature and of nations of God by all which they are appointed what to do and enabled to do it 31 Lastly this infames and makes this Iurisdiction suspicious to me to obserue what vse in their Doctrine and Practise they make of this power For when they haue proceeded to the execution of this Temporall power it hath beene either for their owne reall and direct profit and aduantage as in their proceeding with the Easterne Emperours And drawing the French Armies into Italy and promouing and strengthning the change of the family and race of the Kings in France or else the benefit hath come to them by whose aduancement that Church growes and encreases as in the disposing of the Kingdome of Nauarre Or at least the example and terrour thereof magnifies the dignitie and reputation of that Church and facilitates her other enterprises for a good time after as a Shippe that hath made good way before a strong winde and vnder a full Sayle will runne a great while of her selfe after shee hath stricken saile 32 VVhen any of these reasons inuite them how small causes are sufficient to awake and call vp this temporall Authoritie The cause why Childerique was deposed was not sayes the Canon for his Iniquities but because he was Inutilis And this was not sayes the Glosse because hee was Insufficient for then hee should haue an assistant and coadiutor but because hee was Effeminate So that the Pope may depose vpon lesse cause then hee can giue an assistant For to bee Insuficient for the Gouernement is more directly against the office of a King then to bee subiect to an infirmitie which concernes his humanitie not his office 33 And when the officers and Commissioners of the Romane Court come to Syndicate Kings they haue already declar'd what they will call Enormities and Excesses by inuoluing almost all faults whether by Committing or Omitting in generall words As When he doeth not that for which he is instituted when he vseth his prerogatiue without iust cause when he vexes his Subiects when he permits Priests to kisse his hands when he proceeds indiscreetly and without iust reason And lastly For any such hunting as they will call intemperate To which purpose they cite against Kings generally those Canons which limit certaine men and times and maners And which as the Glosse sayes of some of them are meant De venatione arenaria When men out of vaine-glorie or for gaine fought in the Theaters with wild beasts And least any small errour in a King might escape them they make account that they haue enwrapp'd and pack'd vp all in this That it is all one whether a King bee a Tyrant or a Foole or Sacrilegious or Excommunicate or an Hereticke 34 This obedience therfore which we neither find written in the tables of our Hearts nor in the Scriptures nor in any other such Record as either our aduersary wil be tried by or can bind vs must not destroy nor shake that obedience which is Naturall and Certaine Cyril hath made this sentence his owne by saying it with such allowance It is wisely said That hee is an impious man which sayes to the King thou dost vniustly Much more may wee say it of any that affirmes a King to bee naturally impotent to doe those things for which he is instituted as he is if he cannot preserue his Subiects in Peace and Religion which the Heathen kings could doe whose Subiects had a Religion and Ministers thereof who wrought vpon men to incline them to Morall goodnesse here and to the expectation of future blessednesse after death though not by so cleare nor so direct waies as Christian Religion doth 35 The king therefore defends the Liberties of the Church as the nature of his office which he hath acknowledged and Declar'd and seal'd to his Subiects by an Oath binds him to do if he defend the Church of England from foraine vsurpation And a most learned and equall man hath obserued well That sidesâ— And since a Iesuite hath affoorded vs this confession That the Prince hath this Authoritie ouer Bishops that hee may call them as Peeres of â—is Realme And since their Clementines or the Glosser yeeldes to vs That a Church Prelate may bee a Traytor because hee holdes some temporalities how can they escape from being â—ubiect in all other cases since their naturall and nâ—tiue obedience is of a stronger obligation then the accepting or possessing of these Temporalities for if â—ure Diuino the Character of Order did obliterate and wash out the Character of ciuill Obedience and subiection the conferring of any temporall dignity or possession could not restore it for vnder color of a benefit it should endammage and diminish them when a little Temporall honour or profit shall draw their spirituall estate and person to secular â—uâ—iâ—dâ—ction â—or as Azorius will proue to vs the king may call a Bishoppe as a Baron to the Parliament and as the Canonist will prooue to vs he may call him to the Barre as a Traytor 36 To recollect therefore now and to determine end this point the title which the Prince hath to vs by Generation and which the Church hath by Regeneration is all one now For we aâ—e not onely Subiects to a Prinâ—e but Christian Subiects to a Christian Prince and members as well of the Church as of the Common-wealth in which the Church is And as by being borne in his Dominions and of parents in his alleageance we haue by birth-right interest in his lawes and protection So by the Couenant of Almighty God to the faithful and their Seede by being born of Christian Parents we haue title to
the Metropolitane of England should Excommunicate him And yet by there Doctors it is auerr'd that Iure Diuino and Iure Comâ—muni Antiquo A Bishop may Excommunicate a King as Ambrose did Theodosius and that excepting onely infallibilitie of iudgement in matter of Faith a Bishop might Iure Diuino doe all those things in his Diocesse which the Pope might doe in the whole Church For so Bellarmine himselfe concludes arguing from the Popes Authoritie in all the world to a Bishop in his Diocesse If thereâ—ore an Oath had beene lawfull for defending the King against All enemies though a Bishop Excommunicate him And the Pope haue onely by positiue lawes withdrawne from the Bishops some of the exercise of their iurisdiction and reserued to himselfe the power of excommunicating Princes it is as lawfull to defend him aâ—ter a Popes excommunication now as it was after a Bishops when a Bishop might excommunicate and no man euer said that a Bishop might haue deposed a King 16 All which they quarrell at in the oath is that any thing should be pronounced or any limits set to which the Popes power might not extend but they might as well say that his spirituall power were limited or shortned and so the Catholique faith impugned if one should denie him to haue power ouer the winde and sea since to tame and commaund these in ordine ad spiritualia would aduance the conuersion of the Indies and impaire the Turks greatnesse and haue furthered his fatherly spirituall care of this Kingdome in 88. 17 All the substance of the oath is virtually comprehended in the first proposition That king Iames is lawfull King of all these Dominions The rest are but declarations and branches naturally and necessarily proceeding from that rooâ—e And as that Catholique which hath sworne or assented that Paul the fift is Pope canonically elected hath implicitely confessed that no man can deuest or despoile him of that spirituall iuâ—isdiction which God hath deposed in him nor of those temporall estates which by iust title his predecessours possessed or pretended too so that Subiect which sweares king Iames to bee his true and lawfull King obliges himselfe therein to all obedience by which hee may still preserue him in tâ—at state which is to resist all which shâ—ll vpon any occasion be his enemies 18 For if a king be a king vpon this condition that the Pope may vpon such cause as seemes iust to him depose him the king is no more a Soueraigne then if his people might depose him or if a Neighbour king might depose him For though it may seeme more reasonable and conuenient that the Pope who may bee presumed more equall and dispassioned then the people and more disinteressed then the neighbour Princes should be the Iudge and Magistrate to depose a Prince enormously transgressing the wayes in which his duâ—y bound to him to walke though I say the king might hope for better Iustice at his hand then anothers yet he is no Soueraigne if any person whatsoeuer may make him none For it is as much against the nature of Soueraignty that it may at any time be iustly taken away as that it shall cerâ—ainly bee taken away And therefore a King whom the Pope may depose is but a Depositarieâ— and Guardian of the Souerainty â—o whose trust it is committed vpon condition as the Dictators were Depositaries of it for a certaine time And Princes in this case shall bee so much worse then Dictators as Tenants at will are worse then they which haue certaine leases 19 And thereâ—ore that suspition and doubt which a learned Lawyer conceiued that the Kings of France and Spaine lacked somewhat of Souerainty because they had a dependance and relation to the Pope would haue had much reason and probability in it though he meant this onely of spirituall matters concerning religion if that authority which those Kings seeme to be subiect to were any other then such as by assenting to the Ecclesiastique Canons or confirming the immunities of the Ecclesiastique state they had voluntarily brought upon themselues and the better to discharge their duetyes to their Church and to their ciuill state had chosen this way as fittest to gouerne their Church as other waies by Iudges and other Magistrates to administer ciuill Iuâ—stice 20 So thereâ—ore his Maiesties predecessors in this Kingdome were not the lesse Soueraigne and absoluteâ— by those acts of Iurisdiction which the Popes exercised here For though some kings in a mis-deuout zeale and contemplation of the next life neglected the office of gouernement to which God had called them by attending which function duely they might more haue aduanced their saluation then by Monastique retirings of which publique care and preseruing those which were committed to their charge and preferring them before their owne happinesseâ— Moses and St. Paul were couragious examples Though I say they spent all their time vpon their owne future happinesse and so making themselues almost Clergy men and doing their duties gaue the Clergie men way and opportunity to enter vpon their office and deale with matter of State And though some oâ—her of our kings oppressed with temporall and personall necessities haue seemed to diminish themselues by accepting conditions at the Popes hands or of his Legates And some others out of their wisedome auoiding dangers of raw and immature innouâ—tions haue digested some indignities and vsurpations and by the examples of some kingdomes about them haue continued that forme of Church Gouernment which they could not resist without tumult at home and scandall abroadâ— yet all this extinguished no part of their Souerainty which Souerainty without all question they had before the other entred into the kingdome intirely and Souerainty can neither be deuested nor deuided 21 As therefore Saint Paul suffered Circumcision as long as toleration thereof aduanced the propagation and growth of the Church when a seuere and rigid inhibition thereof would haue auerted many tender and scrupulous consciences which could not so instantly passe from a commandement of a necessity in taking Circumcision to a necessity in leauing it But when as certaine men came downe and taught that circumcision was necessary to saluation and so ouerthrewe the whole Gospell because the necessity of both could not consist together then Circumcision was vtterly abolished So as long as the Romane Religion though it were corrupted with many sicknesses was not in this point become so infectious and contagious as that it would vtterly destroy and abolish the Souerainâ—y of Princes the kings of England succourd relieued and cherished it and attended an opportunity when God would enable them to medecine and recouer her but to be so indulgent to her now is impossible to them because as euery thing is iealous of his owne being so are kings most oâ— any and kings can haue no assurance of being so if they admit professors of that Religion which teache that the Pope may at any time Depose them
these imputations but an appeale to our blessed Sauiour and a protestation before his face that my principall and direct scope and purpose herein is the vnity and peace of his Church For as when the roofe of the Temple rent asunder not long after followed the ruine of the foundation it selfe So if these two principall beames and Toppe-rafters the Prince and the Priest rent asunder the whole frame and Foundation of Christian Religion will be shaked And if we distinguish not between Articles of faith iurisdiction but account all those super-edifications and furnitures and ornaments which God hath affoorded to his Church for exteriour gouernment to be equally the Foundation it selfe there can bee no Church as there could be no body of a man if it were all eye 4 They who haue descended so lowe as to take knowledge of me and to admit me into their consideration know well that I vsed no inordinate hast nor precipitation in binding my conscience to any locall Religion I had a longer worke to doe then many other men for I was first to blot out certaine impressions of the Romane religion and to wrastle both against the examples and against the reasons by which some hold was taken and some anticipations early layde vpon my conscience both by Persons who by nature had a power and superiority ouer my will and others who by their learning and good life seem'd to me iustly to claime an interest for the guiding and rectifying of mine vnderstanding in these matters And although I apprehended well enough that this irresolution not onely retarded my fortune but also bred some scandall and endangered my spirituall reâ—putation by laying me open to many mis-interpretations yet all these respects did not transport me to any violent and sudden determination till I had to the measure of my poore wit and iudgement suruayed and digested the whole body of Diuinity controuerted betweene ours and the Romane Church In which search and disquisition that God which awakened me then and hath neuer forsaken me in that industry as he is the Authour of that purpose so is he a witnes of this protestation that I behaued my selfe and proceeded therin with humility and diffidence in my selfe and by that which by his grace I tooke to be the ordinary meanes which is frequent praierâ— and equall and indifferent affections 5 And this course held in rectifying and reducing mine vnderstanding and iudgment might iustifie excuse my forwardnes if I shold seeme to any to haue intruded and vsurped the office of others in writing of Diuinity and spirituall points hauing no ordinary calling to that function For to haue alwaies abstained from this declaration of my selfe had beene to betray and to abandon and prostitute my good name to their misconceiuings and imputations who thinke presently that hee hath no Religion which dares not call his Religion by some newer name then Christian. And then for my writing in Diuinity though no professed Diuine all Ages all Nations all Religions euen yours which is the most couetous and lothest to diuide or communicate with the Layety any of the honours reserued to the Clergie affoord me abundantly examples and authorities for such an vndertaking 6 But for this poore worke of mine I need no such Aduocates nor Apologizers for it is not of Diuinity but meerely of temporall matters that I write And you may as iustly accuse Vitrâ—uius who writ of the fashion of building Churches or those Authors which haue written of the nature of Bees and vse of Waxe or of Painting or of Musique to haue vsurped vpon the office of Diuines and to haue written of Diuinity because all these are ingredients into your propitiatory medicine the Masse and conduce to spirituall and diuine worship as you may impute to any which writes of ciuil obedience to the Prince that he meddles with Diuinity not that this obedience is not safely grounded in Diuinity or that it is not an act of Religion but that it is so well engrau'd in our hearts and naturally obuious to euery vnderstanding that men of all conditions haue a sense and apprehension and assurednes of that obligation 7 The cause therefore is reduced to a narrow issue and contracted to a strict point when the differences betweene vs are brought to this Whether a Subiect may not obey his Prince if the Turk or any other man forbid it And as his Maiestie in his Kingdomes is Religiously and prudently watchfull to preserue that Crowne which his Predecessors had redeemed from the rust and drosse wherewith forraine vsurpation had infected it so is it easie to be obserued that all the other Princes of Christendome beginne to shake off those fetters which insensibly and drowsily they had admitted and labour by all waies which are as yet possible to them to returne to their naturall Supremacy and Iurisdiction which besides many other pregnant euidences appeares by Baâ—ronius his often complayning thereof both in his Annals when he sayes That the Princes of this age do exercise so much Iurisdiction ouer the Clergie that the Church suffers some scandall thereby And in his Apologie of his owne writings against the Cardinall Columna where he notes That the Cardinals deputed for the hearing of those causes at Rome are tired and oppressed in these later times with the Messengers and Appeales of Bishoppes which in euery Countrey complaine how much the secular Princes iniure them And this must of necessity be vnderstood of Countries which professe the Romane Religion because such as are Apostoliquely reformed or are in that way haue shut vp all waies of Appellations to Rome or remedies from thence 8 And not to speake of the Kingdome of France at this time because I haue sepos'd and destin'd a particular Chapter for that consideration nor of the fresh Historie of the Venetians maintaining their iust Lawes for this temporall Iurisdiction which lawes Parsons without any colour of truth or escape from malitious and grosse deceiuing saies they haue recalled when as not to affright you with any of those Authours which write on the Venetian part you may see an excellent relation of that negotiation and vpon what conditions the Pope withdrew his censures in that letter of Cardinall Peron to his Master the French King about Cardinal Ioyeuse his instructions when the Pope sent him to Venice for that purpose nor to looke so farre backe as to consider what the other States of Italy and of Rome it selfe haue done herein which as an Author which liued in profession of that Religion informes vs durst alwaies brauely and boldly defend it selfe against the Popes vsurpations though he protested that if they would but admit him to enter againe into the towne hee would deale no more with temporall matters and this at that time when England vnder Henry the second and the remoter parts trembled at him who trembled at his owne neighbours and Subiects as he pretended To omit all these the Kingdome
him yet he cals him also Golias and himselfe Hymnidicum Dauidem And part of the quarrell was because the Emperour had written Insolentia quaeâ—am certâ—ine vnusuall phrases which were â—ussimus vt quosdam ad nos mitteretis for saies Nicholas Honorius said to Boniface Petimus and other Empâ—rours Inuitamus and Rogamus and Constantine and Irene Rogamus magis quidem Dominus Deus rogat which phrase though Charles the great at that time when it was written repâ—ehended and allowed a whole Chapter in his booke for the reproofe thereof yet not onely that Pope dissembled it but this drawes it into example and precedent 65 And in this letter the Pope giues the Emperour some light that hee is not long to enioy the stile of Romane Emperour for he hauing despised the Romane tongue as Barbarous as euery Prince loues to be saluted in his owne or in an equall language the Pope replies That if hee call the Romane tongue barbarous because â—ee vnderstands it not it is a ridiculous thing to call himselfe Romane Emperour 66 And thus hauing at once receiued and recompensed a benefite by concurring in the aduancement of the French to the Empire they kept good hold vpon that Kingdome by continuall correspondencies and by interceding with those Kings for pâ—rdons and fauours when any delinquents fled ouer to them and by aduising them in all emergent causes and by doing them many seruices in Italy and so establishing the Empire in that family vpon good conditions to them both For so Iohn the eight writes to Charles as well to refresh his benefit in his memorie as the reasons that moued him to conferre it Well knowes your Kingly Highnesse that I was desirous a long time for the profit and exaltation of the Apostolicke Sea to bring you Ad Culmen Imperij And as we with all our endeuour haue desired to giue perfection to your Honour and glorie you also must performe those things which are profitable to the vtilitiâ— and exaltâ—tion of that Seate And there he addes That for Conference about that he came to meete him at Rauenna leauing his owne Church in the cruell hands of enemies And in the next Epistle he sends to the same purpose his Nephew Faruâ—fus Deliciosum consiliarium nostrum Becauâ—e saâ—es he in anothâ—r place We desire greedily to accomplish this And yet at this very time for his better indemnitie hee practis'd with the Esterne Emperour and kept faire quarter with him also as appeares by his Letter to him 67 Hauing thus establish'd a stronger reputation and laide earnest Obligâ—tions vpon France and by example and authoritie thereof in other places also they beganne to feele their stâ—ength and to draw their swords as farre as they would goe which was to excommunication euen in France it selfe 68 But because in the excommunications issuing in â—hese times and in the tiâ—es betweene this and Gregory the seuenth and perchance in some bâ—fore this time there is found often mention of pâ—nishment after eâ—communicationâ— whiâ—h hath occasioned some to erre in an opinion that besides spiâ—ituall câ—nsures temporall penalties were alâ—o inflicted vpon pâ—iuate persons and consequently eradication vpon Princes we wâ—â—l arrest and stay a little vppon the stile and phrase of some of those excommunications by which it wil appeare that they intended nothing but spirituall punishment 69 The first which I haue obserued is a letter of Innocent the first to Arcadius the Emperour whom he thought guilty of the eiecting of the death of Chrysostome His words are Ego minimus peccator segrego te a perceptione mysteriorum Christi This then went no farther then to depriue him of spirituall foode and the Pope if thaâ— Epistle be genuine was very hasty in it for the Empâ—rour discharged himselfe presently by pleading ignorance of the fact which that Bishoppe ought to haue tried before hee had procâ—eded to excommunicâ—tion Chrysostome himselfe whose quarrell it was had taught sâ—fficiently the limits of that iurisdictâ—â—n for he said When the Priâ—st had reprehended Ozias De spreto Sacerdotio he could doe no more for it is his part onely to reprooue and to perswade not to stirre warre and he addes that God himselfe to whom onely it belongs to punish so inflicted a leprosie vpon the King in which saies he we see Humanitatem Diuinae ultionis who sent not lightning nor shaked the earth nor moued the Heauens So farre was Chrysostome from counsayling any such punishment as should be accompanied with tumult 70 And so a iust estimation and true vnderstanding of their liberties in Ecclesiastique causes were the Fathers in the Councell at Ephesus arriued when in that Synodicall Letter to the Emperour which they call Libellum supplicem they make this protestation The scope of our profession prouides that we be obedient to all Princes and Potentates as long as that obedience brings no detriment to our Soulâ—â— health but if it come to that we must dare to vse our libertie Aduersus Regium fastigium And how farre may this courage and libertie carie vs if the Prince command any thing in detriment of our soule As farre as thoâ—e Fathers durst aduenture vpon that ground which they expressed thus to the Emperour If you approue the banishment of Câ—rill and Memnon which were banished by persons Excommunicate then know you that we are ready with that alacritie which becomes Christians to vndergoe any danger with them that is to suffer as they goe 71 But about this time of Iohn 8. it was very frequent that Excommunications had a farther comminatorie clause For so against a Bastard of Lotharius who had broke an Oath made to a French King he sayes VVe depriue him of all Christian Comunion and if he perseuer let him know that Anathematis vinculis innodabitur So to an Earle and hâ—s Lady which had seduced a Nunne from her profession â—e sayes We seperate them from the body and blood and all fellowship with Christians and if they neglect to restore her Anathemate innodamus So in the next Epistle he threatens a Bishop that refus'd to come to him Know that you are to be Excommunicate and if you perseuer A Communione alienandus And against another Bishop and his whole charge he pronounces Priuation from the Communion seperation from the Church and except they conuert Maioris damnationis sententiam and with such as these his time abounds 72 And his predecessour Adrian the second had gone thus farre towards the King of France when hee attempted to inuade his Brothers Dominion VVe admonish you by our Apostolique Authoritie and by all spirituall meanes which we may vse we perswade you and in a Fatherly effection command you to forbeare elsâ— we will performe tâ—at which belongs to out Ministerie But in another letter to his Nobles he threatens them That if they aide the Father to warre against the Sonne who was then in his displeasure They shall
not onely be enwrapp'd in the bands of ExcoÌ„munication but cast into hell Vinculis Anathemaâ—is And this Iohn the eight at the same time when he alowes him all due attributes desires him to incline his sacredeares to him threatens Charles himself that if he restore not certain things taken from a Nunnerie by a certaine day He should bee Excommunicate till restitution and if being thus lightly touchâ—d he repented not Durioribus verberibus erudieâ—dus erat 73 So that whether this farther punishment were no other then that which is now called excommunicatio Maior or that which is called in the Canons Anathema maranatha the denouncing of which and the absoluing from it was acted with many â—ormalities and solemnities and had many ingredients of burning tapers and diuers others to which none could be subiected without the knowledge of the Arch-Bishoppe it appeares that it now here extends to temporall punishment or forfaitures and confiscations 74 Of which there appeares to me no euidence no discernable impression no iust suspition till Gregory the seuenths time And then as it may well be said of Phalaris his letters that they were al writ for execution and of Brutus his letters that they were all Priuy Seales for money so may wee â—ay of Gregories iudging by the frequency thereoâ— that they were all cholerique excommunications and that with Postscripts worse then the body of the letter which were Confiscations neuer found in his predecessors which should haue beene his precedents 75 And for this large and new addition of Eradication hee first threatned it to the Fench King and then practised it effectually vpon the Emperour To the Bishoppes of France he writes That their King Philip is not to be called King but a Tyrant which by perswasion of the Diuel is become the cause and the head of all mischiefe Therefore saies he all you must endeauour to bow him And thus farre his Pastorall care might binde him And to shew him that he cannot escape the sword of Apostolique animaduâ—rsion and thus farre his iealousie of his spiritual Primacy might excuse him But when he adds Depart from communion with him and obedience to him forbid Diuine Seruice throughout all France and if he repent not we will attempt to take the Kingdome from his possession they are wordes of Babel which no man at that time vnderstood yet he writes in the same tenour to the Earle of Poicton That if the king perseuere both he and all which giue any obedience to him shall be sequestred from the communion of the Church by a Councell to be held at Rome So assuredly and confidently could hee pronounce before hand of a future determination in a Councell there 76 And of his owne seuerity vsed towards the Emperour whom vpon seuere penances hee had resumed â—nto the Church he blushes not to mâ—ke an Historical Narration to the Bishops and Princes of Germany thus He stood three daies before the gate despoiled of all Kingly ornaments miserable and barefooâ—e till all men wondred at the vnaccustomed hardnesse of our minds And some cryed out that this was not the grauity of Apostolique seuerity but almost the cruelty of Tyrannique sauagenesse 77 And when Rodulphus whom he had set vp against the Emperour was dead seeing now as himselfe confesses almost all the Italians enclin'd to admit the Emperour Henry euen they whom he trusted most for so he saies â—ene omnes nostri fideles he protesteth that Rodolphus was made without his consent Ab vltramontâ—nis and that he went to depose him and to call those Bishops to account which adhered to himâ— And then he writes to certaine Prelates to slacken the Election of a new Emperour and giues instruction what kind of person hee would haue to bee elected One which should be obedient humbly deuout and profitable to the Church and that would take an oath to doe any thing which the Pope would commaund him in these wordes Per veram obedientiam and that hee would be made a Knight of Saint Peter and of the Pope 78 But although many watchfull and curious men of our Church and many ingenious of the Romane haue obseâ—ued many enormous vsurpations and odious intemperances in this tempestuous Pope Gregory the seuenth and amongst them almost anatomiz'd euery limme of his Story yet it may bee lawfull for mee to draw into obseruation and short discourse two points thereof perchance not altogether for their vnworthines pretermitted by others Of which the first shall be the forme of the excommunication against Henry because by that it will appeare what authority hee claimed ouer Princes And the other â—haâ—â— be â—is letteâ—â—o a Bishop wâ—o desired to draw from him some reaâ—ons by which he might defend that which the Pope hâ—d done because by that it will appeare vpon what foundations he grounded thâ—s preteâ—ce and authorâ—ty 79 The excoÌ„municaâ—ion is thus deliuered Conâ—tradico ei I denie him the gouernment of al the kingdom of Germany of Italy and I absolue all Christians froÌ„ the band of the oth which they haue made to him or shall make and I forbid any man to serue him as his king for it is fit that he which endeuors to diminish the honor of the Churchâ— should loose his owne honour And because he hath contemned to obey as a Christian participating with excommunicated persons and despising my admonitions and seperating himselfe from the Church I tie him in vinculo Anathematis By which we see that he beginnes with Confiscation And because it had neuer beene heard that the Popes authority extended beyond Excommunication therefore hee makes Deposition a lesse punishment then that and naturally to precede it for he makes this to bee reason enough why he should forfait his dignity because he attempted to dimâ—nish the Dignity of the Church But for his Disobedience to the Chuâ—ch and him he inflicts Excommunication as the greater and gâ—eatest punishment which he could lay vpon him And it is of dangerous câ—nsequence if Excommunication bâ— of so high a nature and of so vast an exâ—ent that wheresoeuer it is iustly inflicted that presupposes Confiscation and Deposition 80 And another dangerous preiudice to the safetâ—e of all Princes ariseth out of this pâ—ecedent which is that hee absolues the Subiects of all Oathes of Alleageance which they shall make after that Denunciation For if his successor that now gouernes shall be pleased to doe the same in England at this time and so giue his partie here such leaue to take the Oath of Alleageance doth he not thereby vtteâ—ly frustrate and annihilate all that which the indulgence of a mercifull Prince and the watchfulnesse of a diligent Parliament haue done for the Princes safety and for distinction betweene trayterous and obedient subiects Yet both this Deposition and this Absolution of subiects and this Interdiction were all heaped and amass'd vpon a Catholique Prince before the excommunication it selfe or any
and come backe or did the Priests find such spirituall comfort in transgressing this Law that they offred to goe out 21 And in all our differences which fell out in this Kingdome betweene our Kings and the Popes when so many capitall Lawes were made against Prouisions and Appeales not to dispute yet wheâ—her de Iure or de facto only or whether by way oâ— Introduction or Declaration doe you finde that the Catholiques then vsed the benefite of those lawes to the procurement of Martyrdome or hath the blood of any men executed by those lawes died your Martyrologes with any Rubriques And yet those times were apt enough to countenance any defender of Ecclesiastique immunity though with diminution of Ciuill and Secular Magistracie as appeares by their celebrating of Becket yeâ— I find not that they affoorded the title of Martyre to any against whom the State proceeded by the Ordinary way and course of law 22 Why therefore shall not the French and Italian and olde English lawes giue occasion of Martyrdome in the same cases as these new lawes shall At least why should Campian and those which were executed before these new statutes be any better Martyres then they since they were as good Catholiques as these and offended the common law of England in the same point as these But if the Breach and violating of the later statutes be the onely or liueliest cause of Martyrdome then of Parsons who euery day of his life doth some act to the breaking thereoâ— it is verie properly said by one of his owne sect That hee is per totam vitam martyr 23 And this may suffice to remember you that you intrude into this emploiment and are not sent and that our Lawes ought to worke vpon your Oath of returning to the annihilation thereof because both the necessitâ—e of the making and continuing â—hereof and the precedents of our owne and other Catholicke Kingdomes giue vs warrant to make seditious Doctrine Treason and your owne Canons and Iâ—dicaâ—â—re giue vs example and if we needed it Authoritie to proceede in that maner CHAP. VI. A comparison of the Obedâ—â—nce due to Princes with the seuerall obediences requir'd and exhibited in the Romane Church First of that blind Obedience and stupiditie which Regular men vowâ— to their Superiours Secondly of thâ—t vsurpeâ— Obedience to which they pretend by reason of our Baptisme wherein we ar said to haue made an implicite surrender of our selues and all that we haue to the Church And thirdly of that Obedience which the Iesuits by a fourth Supernumeraâ—ie vowe make to be dispos'd at the Popes absolute will THere hath not beene a busier disquisition nor subiect to more perplexitie then to finde out the first originall roote and Source which they call Primogenium subiectum that may be so capable of Power and Iurisdiction and so inuested with it immediately from God that it can transferre and propagate it or let it passe and naturally deriâ—e it-selfe into those formes of Gouernement by which mankind is continued and preserued For at the resolution of this all Quâ—stions of Subiection attend their dispatch And because the Clergie of the Roman Church hath with so much fierce earnestnesse and apparance of probablenesse pursued this Assertion That that Monarchall forme and that Hierarchie which they haue was instituted immediately from God Many wise and iealous Aduocates of Secular Authoritie fearing least otherwise they should diminish that Dignitie and so preuaricate and betray the cause haue said the same of Regall power and Iurisdiction And euen in the Romane Church a great Doctor of eminent reputation there agrees as he sayes Cum omnibus sapientibus That this Regall Iurisdiction and Monarchie which word is so odious and detestable to Baronius proceedes from God and by Diuine and naturall Law and not from the State or altogether from man And as we haue it in Euidence â—o we haue it in Confession from them that God â—ath as immediately created some Kings as any Priests And Cassanaeus thinkes this is the highest Secular Authoritie that euer God induced For he denies That old or new Testament haue any mention of Emperour 2 But to mine vnderstanding we iniure and endanger this cause more if wee confesse that that Hierarchie is so Immediately from God as they obtrude it then we get by offering to drawe Regall power within the same Priuiledge I had rather thus farre abstaine from saying so of either that I would pronounce no farther therein then this That God hath Immediately imprinted in mans Nature and Reason to be subiect to a power immediately infus'd from him and that hee hath enlightned our Nature and Reason to digest and prepare such a forme as may bee aptest to doe those things for which that Power is infus'd which are to conserue vs in Peace and in Religion And that since the establishing of the Christian Church he hath testified abundantly that Regall Authoritie by subordination of Bishops is that best and fittest way to those ends 3 So that that which a Iesuite said of the Pope That the Election doth onely present him to God wee say also of a King That whatsoeuer it be that prepares him and makes his Person capable of Regall Iurisdiction that onely presents him to God who then inanimates him with this Supremacy immediately from himselfe according to a secret and tacite couenant which he hath made with mankinde That when they out of rectified Reason which is the Law of Nature haue begot such a forme of Gouernement he will infuse this Soule of power into it 4 The way therefore to finde what Obedience is due to a King is not to seeke out how they which are presum'd to haue transferr'd this power into him had their Authoritie and how much they gaue and how much they retain'd For in this Discouerie none of them euer went farther then to Families In which they say Parents and Masters had Iurisdiction ouer Children and Seruants and these Families concurr'd to the making of Townes and transâ—err'd their power into some Gouernour ouer them all 5 But besides that this will not hold because such Sauadges as neuer rais'd Families or such men as an ouerburdned kingdom should by lot throw out which were peeces of diuers families must haue also a power to frame a forme of Gouernement wheresoeuer they shall reside which could not bee if the onely roote of Iurisdiction were in parents masters This also will infirme and ouerthrow that Assertion that if parents and masters had not this supreme Soueraignty which is requisite in Kings they could not transferre it into Kings and so Kings haue it not from them And if they were Soueraignes they cold not transfer it â—or no Soueraigne can deuest himselfe of his Supremacie 6 Regall authority is not therefore deriued from men so as at that certaine men haue lighted a King at their Candle or transferr'd certaine Degrees of Iurisdiction into him and therefore it is a cloudie and
him to be a Saint And so it seemes doth that Catholique Priest who hath lately published a History of English Martyres For that which in the Title he calls Martyrologe in his Aduertisement he calles Sanctiloge And therefore it becomes both our Religion and Discretion to consider thoroughly the circumstances of their History whom we admit to the honour of Martyrdome 7 All Titles to martyrdome seeme to me to be grounded vpon one of these three pretences and claymes The first is to seale with our bloode the profession of some morall Truth which though it be not directly of the body of the Christian faith nor expressed in the Articles thereof yet it is some of those workes which a Christian man is bound to doe The second is to haue maintained with losse of life the Integrity of the Christian faith and not to suffer any part thereof to perish or corrupt The third is to endeuour by the same meanes to preserue the liberties and immunities of the Church 8 By the first way they entitle S. Iohn Baptist because he died for reprehending a fault against a morall Truth and that truth being resisted the Authour of truth is despised And therefore all truth is not matter conuenient for the exercise of this vertue as the conclusions of Artes and Sciences though perfectly and demonstratiuely true are not but it must be such a truth as is conuersant about Christian piety and by which God may be glorified which cannot be except he might be iniured by the denying thereof So the Euangelist when our Sauiour spake of S. Peters Martyrdome saies He signified by what death hee should glorifie God For all Martyredome workes to that end And this first occasion of martyrdome seldome fals out in Christian Countries because in Christ the great Mirrour of all these truthes we see them distinctly and euidently But sometimes with Heathen Princes before they arriue to this rich and pregnant knowledge men which labour their conuersion begin or touch by the way some of these Morall dueties and if they grow odious and suffer for that they are perfect Martyrs dying for a morall Trueth and in the way to Christ. 9 By the second claime which is the Integritie of Catholicke Religion the professors of any Christian Church will make a specious and apparant Title if they suffer persecution in any other Christian Church For the Church of Rome will call the whole totall body and bulke of the points of their profession Integritie of Religion and the Reformed Churches call soundnesse puritie and incorruptnesse integritie The Roman thinkes Integritie hurt by nothing but Maimes and we by Diseases And one will prooue by his death that too little is professed and the other that too much But this aduantage we haue that by confession of our aduersaries all that wee affirme is True and Necessarie and vpon good ground we assure our selues that nothing else is so and we thinke that a propensenesse to die for profession of those points which are not necessarie will not constitute a Martyrdome in such a person especially as is of necessarie vse 10 Amongst other things which our Blessed Sauiour warnes his followers this is one That none of them suffer as a busie body in other mens matters but if he suffer as a Christian let him not be ashamed but glorifie God And in another place hee cals them blessed If others say all maner of euill of them falsely and for his sake So that the prohibition forbids vs to suffer for those things which doe not certainely appertaine to vs And the instruction ties the reward to these conditions That the imputations be false That they be imputed for Christs sake that is to dishonour him and that we suffer because we are Christians 11 Since therefore some of you at your Executions and in other conferences haue added this to your comfoâ—t and glory of Martyrdome That because the Kings mercie hath beene offred you if you would take the Oath therefore you died for refusing the same Though your Assertion cannot lay that vpon the State who hath two discharges One that you were condemn'd for other Treasons before that offâ—r The other that the Oath hath no such Capitall clause in it yet since as I said you take it vpon your Consciences to bee so Let vs Examine whether your refusall of the Oath bee a iust cause to Die vpon this point of Integritie of Faith by that measure which our Sauiour gaue in his Prohibition and in his Instruction 12 Is it then any of your matters or doeth it belong to you by your Doctrine and by your Example in refusing the Oath to determine against Princes Titles or Subiects Alleageance If this be any of your matters then you are not sent onely to doe Priestly functions And if it be not then you suffer as busie bodies in other mens matters if you suffer for the Oath 13 And then what is imputed to you which is false which is another condition required by Christ if you be called traytors then when after apparant transgressing of such lawes as make you Traytors you confirme to vs a perseuerance in that Trayterous disposition by refusing to sweare Temporall Alleageance Wherein are you lesse subiect to that name then those Priestes which were in Actuall plots since mentall Treason denominates a man as well as mentall heresie You neither can nor will condemne any thing in them but that they did their treason before any Resolution of the Church and haue you any resolution of the Church for this That the King may be deposed when he is excommunicated If you haue you are in a better forwardnesse then they and you may vndertake any thing as soone as you will that is as soone as you can For you haue as good opinions already and as strong authorities That a King of another Religion then Romane is in the state of an excommunicate person before Sentence as you haue for this That an Excommunicate King may be deposed And would you thinke it a iust cause of Martyrdome to auerre that the King is already vnder excommunication 14 And to proceede farther in Christs Instruction are these things said of you for Christs sake Are you if you be called Traytors for refusing the Oath reproued for anie part of his Commandements If it were for exercising your Priestlie functions you might haue some colour since all your Catholique Religion must bee the onely Christian Religion But can that state which labours watchfullie and zealouslie for the promouing of Christs glorie in all other things bee saide to oppose Christ or persecute him in his Members for imputing trayterous inclinations to them who abhorre to confirme their Alleageance by a iust Oath 15 Lastly can you say you suffer as Christians that is as Christ there intended for Christian faith which is principally the matter of Martyrdome Aquinas cites this out of Maximus The Catholique faith is the mother of martyrdome And he explicates
which entitle the Pope to a Direct and Ordinary Iurisdiction ouer Prinâ—es 10 And the same reasons and groundes by which he destroies that opinion will destroy his which is That as Christ was so the Pope is spirituall prince ouer all men and that by vertue of that power he may dispose of all temporall things as hee shall iudge it expedient to his spirituall ends 11 For first against that opinion of Ordinarie Iurisdiction hee argues thus If it were so it would appeare out of the Scriptures or from the Tradition of the Apostles but in the Scriptures there is mention of the keyes of Heauen but none of the Kingdomes of the earth nor doe our Aduersaries offer any Apostolique Tradition Will not you then before you receiue too deepe impression of Bellarmines doctrine as to pay your liues for maintenance thereof tell him That if his opinion were true it would appeare in Scripture or Apostolique trâ—dition And shal poore and lame and â—lacke arguments coniecturally and vnnecessarily deduced from similitudes and comparisons and decency and conueniency binde your iudgements and your liues for reuerence of him who by his example counsels you to cal for better proof wil you so in obeying him disobey him swallow his conclusions yet accuse his fashioÌ„ of prouing them which you do if when he cals for scriptures against others you aâ—cept his positions for his sake without scriptures 12 Another of Bellarmines reasons against Ordinary Iurisdiction is That Regall authority was noâ— necessary nor of vse in Christ to worke his end but sâ—perfluous and vnprofitable And what greater vse or necessity can the Pope haue of this Extraordinarie authority which is a power to work the same effects though not by the same way then Christ had if his ends be the same which Christs were and it appeares that Christ neither had nor forsaw vse of either because he neither exercised nor instistuted either For that is not to the purpoâ—e which Bellarmine saies that Christ might haue exercised that power if he would since the Popes authority is grounded vpon Christs example and limited to that For Christ might haue done many thinges which the Pope cannot do as conuerting all the world at once instituting more sacraments and many such and therefore Bellarmine argued well before that it is enough for him to proue that Christ did not exercise Regall power nor declare himselfe to haue it which Declarion onely and practise must be drawen into Consequence and be the precedent for the Pope to follow 16 The light of which Argument that the Pope hath no power but such as Christ exercised hath brought so many of them to thinke it necessarie to proue That both Christ did exercise Regall autâ—ority in accepting Regall reuerence vpon Palme-Sunday and in his corrections in the temple And his iudgement in the womans case which was taken in Adulterie And that S. Peter vsed also the like power in condemning Ananias and Saphira and Simon Magus 14 In another place Bellarmine saies That S. Paul appealed to Caesar as to his Superiour Iudge not onely de facto but de Iure and that the Apostles were subiects to the Ethnique Emperours in all temporall causes and that the law of Christ depriues no man of his right which he had before And lately in his Recognitions he departs from this opinion and denies that he was his Iudge de Iure If his first opinion be true can these consist together that he which is subiect in temporal causes can at the same time and in the same causes be superiour Or that he ouer whom the Emperour had supreame temporall authority should haue authority ouer the Emperour in temporall causes and what is there in the second opinion that should induce so strong an Obligation vpon a conscience as to die for it Since the first was better grounded for for that he produâ—ed Scriptures and the second is deâ—titute of that helpe and without further searâ—h into it tels vs that neither the Doctrine nor the Doctor are constant enough to build a Marâ—yredome vpon 15 Thus also Bellarmine argues to our aduantage though he doe it to proue a necessity of this power in the Church that euery Common-wealth is sufficiently prouided in it selfe to attaine the end for which it is instituted And as we said before the end of a Christian Common-wealth is not onely Tranquility for that sometimes may be mainâ—ained by vnchristianly meanes but it is the practise of all morall vertue now explicated to vs and obserued by vs in the exercise of Christian Religion and therfore such a Common-wealth hath of it selfe all meanes necessary to those ends without new additions as a man consisting of bodie and soule if he come from Infidelity to the Christian Religion hath no new third essenâ—iall pâ—rt added to him to gouerne that body and soule but onely hath the same soule enlightned with a more expliciâ—e knowledge of her duety 16 Bâ—llarâ—ine also tels vs That in the Apostles time these two powers were seperated and â—o all the Temporall was in the Emperour as all the Ecclesiasticke in the Apostles and that Hierarchie By what way then and at what time came this Authoritie into them if it were once out For to say that it sprong out of Spirituall Authoritie when there was any vse of it were to say that that Authoritie at Christs institution had not all her perfections and maturity and to say that it is no other but the highest act and a kinde of prerogatiue of the spirituall power will not reach homeâ— For you must beleeue and die in this that the Pope as spirituall Prince may not onely dispose of temporall matters but that herein hee vses the temporall sword and temporall iurisdiction 17 But when Bellarmine saies That this supreme authority resides in the Pope yet not as he is Pope And that the Pope and none but he can â—epose Kings and transfer Kingdomes and yet not as Pope I proâ—esse that I know not how to speake thereof with so much earnestnesse as becomes a matter of so great waight For other Princes when they exercise their extraordinarie and Absolute power and prerogatiue and for the publique good put in practise sometimes some of those parts of their power which are spoken of in Samuel which to many men seeme to exceede Regall pâ—weâ— yet they professe to doe these things as they are Kings and not by any other authoritie then that 18 And if there be some things which the Pope cannot doe as Pope but as chiefe spirituall Prince this implies that there are other inferiour spirituall Princes which are Bishops for so Bellarmine saies That Bishops in their Diocesses are Ecclesiastique Princes And haue Bishops any such measure of this spirituall principality that they may do somthings by that which they cannot doe as they are Bishopsâ— 19 All Principalities maintaine their being by these two reward
obeyed though hee commaund contra Societatem yea it is contra Societatem if he be not obeyed because there is a generall contract in humane Societies that Kings must be obeyed how much more must we obey God the Gouernour of all Creatures And do they which alleadge for the Popes Supremacy ouer Princes intend the Pope to be Gouernour of all Creatures Doth he gouerne Sea and Elements or doe they thinke that the will and commandements of God are deriued to vs onely by the way of the Pope or why should not wee thanke them for producing this Canon since it is direct and very strong for Kings and for the Popes it is but common with all other Magistrates who must be obeyed when God speaks in them or when they spâ—ake not against God 21 In the tenth Distinction one Pope by the testimony of two other popes saies That the Ecclesiastique Constitutions must be preferred before the Emperours lawes And the cases mentioned there are the constituting of a Metâ—apolitane the dissoluing of a Mariage vpon entring into Religion to which I say that these cases by consent of the Emperours were vnder their iurisdiction And if you gather a generall rule by this of the force of Canons aboue Ciuill lawes you proceede indirectly accepting the same persons for Parties Iudges and Witnesses and besides it is not safe arguing from the Emperour to another absolute Prince nor from the authority which Canons haue in his Dominions to what they should haue in all 22 In the 21. Distinction A Pope writing to a Bishoppe of Milan telles him That the dignities and preheminences of Churches must be as the Bishoppe of Rome shall ordaine because Christ committed to Peter which hath the keyes of eternall life Iura terreni simul Caelestis imperij But if he meane by his Terrenum Imperium the disposing of the dignities and preheminencies of Churches one aboue another in this world Or if he meane by it That he hath this Terrenum Imperium as he hath the keyes of heauen that is to binde and loose sinnes by spirituall censures and Indulgences of absolâ—tion in which capaciâ—y he may haue authority ouer the highest secular Princes for any thing conteined in this Oath this Canon wil do vs no harme But if hee meane that Christ gaue him both these authorities together and that thereby he hath them as Ordinary Iudge then Bellarmine and all which follow the Diuines opinion of indirect power will forsake him and so may you by their example 73 After another Pope Gelasius writes to Anastasius the Emperour comparing Secular and Ecclesiastique dâ—gnity And he saâ—es You know that you depend vpon their iudgement but this is saies the Glosse in spirituall matters And because this Canon comes no neerer our question then to iustifie in the Pope a power of excommunicating Princes for it assumes no more â—hen Ambrose exercised vpon Theodosius I will stand no longer vpon it 24 And these be the Canons which out of the Distinctions I haue obserued to be scattered amongst their Authours when they teach this doctrine for any that preferres Priest-hood befoâ—e Principality seemes to them â—o conduce to that point Now I will follow Gratian in his other parts where the first is the Canon Nos si incompetenter which is veâ—y ofâ—en vrâ—ed but it is so farre â—rom inâ—luding this power of Deposing that it excludes it â—or allowing the Priest poweâ— to Reprehend and remembring former examples of Excommunication hee addes Nathan in reproouing the King executed that office in which he was Superiour to him but he vsurped not the Kings office in which he was inferiour nor gaue iudgement of death vpon him as Adulterer or murderer 25 In the seuenth Question of the ninth Cause from the Canon Episcopo to the end of that Question there are many sayings which aduance the digniâ—y of the Romane Seate and forbidde al men to hinder Appeals thither or to iudge of the popes Decrees But all these were in spirituall causes and directed to spirituall persons and vnder spirituall punishments Onely in the Canon Fratres the king of Spaine seemes to be threatned but it is with Excommunication onely And all these Canons together are deliuered by one Pope of another In whome saâ—es the Glosse It is a familiar kinde of proofe for one one Pope to produce another for witnesse as God did proue the sinnes of Sodome by Angels And as there is much iniustice in this manner of the Popes proceeding so is there some tincture of blaspemy in the maner of iustifying it by this Comparison 26 The Canon Alius which droppes out of euery penne which hath written of this Subiect is the first wherein I marked any Pope to speake of Deposing In this Gelasius writes to Anastasius a Pope to an Emperour that Pope Zachary his predecessor had deposed the King of France because he was vnfit for so great a power But the Glosser doth the Pope good seruice and keepes him within such a conuenient sense as may make him say true For saies â—e He deposed that is Hee gaue consent to them which did depose which were the States of that Kingdome which he saies out of the Euidence of the history for he is so farre fâ—om coarcting the Popes power that wee may easily deprehend in the Glosse more â—raud and iniquity then arrogance and tyrannie in the Pope For saies he the vnfitnesse of the French King was licentiousnesse not infufficiency to gouerne for then the Pope ought to haue giuen him an assistant To proue wâ—ich he cites two other Canons In which places it appeares That to Bishoppes vnable by reason oâ— age to discharge their functions the Pope assigns Coadiutores and by this the Glosser might euict that he hath the same Ordinary authority to dispose of Kingdomes as of Bishoprickes This Canon therefore doth onely vnfaithfully relate the act of another Pope and not determine nor decree any thing nor binde the conscience 27 In the same Question there is a Canon or two in which our case is thus farre concern'd that they handle the Popes authority in Absoluing and Dispensing from Oathes And the first is câ—ted often and with great courage because besides the word Ab omnibus Iuramentis cuiuscunquemodi obligationibus absoluimus there followes parsue theÌ„ with the spirituall and materiall sword But when we consider the case and the History this power will not extend to our cause For the Pope thereby doth giue liberty to some Bishops to recouer by iust violence such parts of the Church Patrimonie as were taken away from them and doth dispence with such oathes as they had beene forced to take by those which iniuriously infested the Church Yet I denie not but that the glosser vpon this Canon is liberall enough to the Pope for he sayes hee hath power to dispence against the law of Nature against the Apostle 28 After this followes that
though of a generall Councell 40 This Pope also by a Canon in the title de Voto hath gone the farthest of any which haue fallen within my obseruation for a King of Hungary which had made a vowe to vndertake a warre for Hierusalem preuented by death imposed the execution thereof vpon his yonger sonne who binding himselfe to performe it with the armie which he leuied for that purpose in pretence troubled his brother in his Kingdome To him therefore Innocentius writes That except he doe forthwith performe the vow he shall be excommunicate and depriued of all right to that Kingdome and that the kingdome if his elder brother die without issue shall deuolue to his younger brother But all these threatnings except that one of Excommunication were not thundered by the Pope as though hee could inflict them out of his authority but he remembers this ill-aduised Prince that except he performe the will of his father he looses his inheritance by the law Which the Glosse in this place endeuours to proue and to that purpose cytes and disputes some of the lawes in that point 41 The Canon Solitae though it be euery where alleadged and therefore it importunes me to mention it reaches not to our question for it is onely a Reprehension made by a Pope to a Greeke Emperour because hee did not affoord his Patriarch of Constantinople dignity enough in his place And he tels him that he mistakes S. Peters meaning in his Epistle where he teaches obedience to Emperours For saies he he writ but to those which were vnder him and not to al and he did prouoke them to a meritorious humility not informe them of a necessary Duety For saies he if that place shall be vnderstood of Priests and literally then Priests must bee subiect to Slaues because it is Omni Creaturae neyther saies he is it said To the King absolutely Precellenti but tanquam precellenti which was not added without cause For saies the Glosse this word Tanquam is Similitudinarium non expressiuum veritatis So that S. Peter doth not call the king Superiour in truth but as it were Superiour as I noted the Cardinals to subscribe Letters to persons of lower ranke Vester vti frater And that which followes of the punishment of euill doers and praise of God is not saies he that the King hath power of the sword ouer good and euill but onely ouer them which because they vse the sword are vnder his iurisdiction Then proceedes he to magnifie Priesthood because Ieremie to whom Commission was giuen ouer Nations was descended of Priests and because the Sunne which designes Priesthod is so much bigger then the Moone with so many more impertinencies and barbarismes and inconsequences that I wonder why he who summ'd it should so specially say of this Canon that it is Multum Alâ—egabile 42 In the Canon Grauem Honorius the third writes to certaine Prelates whose Church had receiued much detriment by a Noble-man That since he hath continued contemptuously vnder Excommunication two yeares if vpon this last monition he refuse to conforme himselfe they should discharge those Churches from their obedience to him and denounce those which ought him alleageance to be discharged therof as long as be remained Excommunicate But it appeares not here whether hee were a Subiect of the Romane Church or no And yet appeares plainely that he was no Soueraigne and therefore no precedent in our case in which there could not easily be restitution giuen to any after another were in possession 43 In the next volume of the law which they call Sexâ—us I haue noted in their Authours but one Canon which comes within any conuenient distance of this point which is a Letter of Innocent the fourth to the Nobility of Portugall by which vnder paine of Excommunication hee commaunds them to receiue the kings brother as coadiutor to that king Notwithstanding any Oath of Alleageance or resistance of the King So that they preserued the right in the King and in his children if he shall â—aue any Which being but matter of fact doth not constitute a rule nor binde consciences especially when for the fact it selfe the note saies in that place That the Pope ought not to haue interposed himselfe in that businesse 44 In the Extrauagantsâ—f â—f Pope Iohn the two and twenteth there is one Canon which would take great hold of consciences obliged to that Sea but that it proceedes from a Pope infam'd for heresie and claimes that Iurisdiction which it there inculcates in the right of being Emperour at that time when the throne by the death of Henrie the seuenth was vacant Thus it saâ—es Since it is cleare in law and constantly obserued of olde that in a vacancy of the Empire because then there can be no recourse to any Secular Iudge the Iurisdiction Gouerâ—ment and Disposition of the Empire deuolues to the Pope who is knowne to haue exercised all these therein by himselfe or others whereas diuers continue the offices of the Empire without our Confirmation we admonish all vnder Excommunication euen Kings to leaue off those titles and if they doe not so within two moneths how could hee prophesie so long a vacancie Wee will Excommunicate the persons and interdict the Dominions of them all Etiam superiores et inferiores Reges and proceede with them spiâ—itually and temporally as we shall farther see to be expedient And wee absolue all men of all Oathes by which they were bound to them But as I said before this right of inflicting temporall punishment hee claimâ—s as Emperour and the spirituall punishments are threatned to no other nor in any other Capacity then as they are officers of the Empire of which then hee imagines himselfe supreme Prince and so he is enabled to doe all those acts vpon any Prince which depends vpon the Empire which he might doe Ordinarily in the Patrimony and all which the Pope and the Emperour together might doe vpon any Prince which vsurped the titles and dignities of the Empire without the Emperours approbation 45 In the Common Extrauagants that which they call vnam Sanctam made by Boniface the eight Anno 1302. hath the greatest force of all both because it intends to proue and to Decree a certaine proposition That it is of the necessitie of Saluation to be subiect to the Pope and also because it determines it with Essentiall and formall words belonging to a Decree Declaramus Definimus Pronunciamus And though in the body and passage of the Decree there are sometimes arrogations of Secular Iurisdiction by way of argument and conueniencie and Probable consequence yet is there nothing drawne into the definition and Decree and thereby obligatorily cast vpon our Consciences but onely this That a Subiection to the Pope is of the necessitie of Saluation For sayes the glosse it was the intention of the Pope in this Decretall to bring reasons examples and authorities to