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A04779 The right and iurisdiction of the prelate, and the prince. Or, A treatise of ecclesiasticall, and regall authoritie. Compyled by I.E. student in diuinitie for the ful instruction and appeaceme[n]t of the consciences of English Catholikes, co[n]cerning the late oath of pretended allegeance. Togeather with a cleare & ample declaratio[n], of euery clause thereof, newlie reuewed and augmented by the authoure Kellison, Matthew. 1621 (1621) STC 14911; ESTC S107942 213,012 425

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to my Soueraigne speake no more of him then any other Prince but abstracting from all Princes factes and cases in particular I intend onlie to dispute as I haue hetherto of the Popes Right and Authoritie ouer Princes in generall The First Clause of the Oath I. A. B. do trulie and sincerelie acknowledge professe and testifie in my conscience before God and the world that our Soueraigne Lord King Iames is lawfull and true King of this Realme and of all other his Maiesties Dominions and Countries 12. I will not stand much with WIDDRINGTON about this clause because all Catholicks will acknowledge his Maiestie that now is for their Prince and King and will sweare also fidelitie vnto him in all Temporall matters and this Oath hath bene offered by the Catholicks in an Epistle they wrote to his Maiestie which others also haue offered and for better notice and in argument of their true meaninge published their offer in print This then is one reason which maketh Catholicks to suspect that in this Oath couertlie is intended a denyall of the Popes spirituall supremacie For if the Prince and his Magistrate intended only Ciuill and Temporall Alleageance why did they not propose this Oath in the ordinarie tenour and termes of a Ciuill oath with which the former Kings of England and all Catholick Kinges of other Countries euen to this day content them selues Why bring they in the Popes Authoritie which other Princes leaue out But they knew that Catholicks would neuer haue refused such an oath and therefore to trouble and engage their consciences to haue thereby some pretence to seaze vpon their liuings and goods and to vexe their persons they deuised this Oath Which their manner of proceeding may make Catholicks iustlie suspect that some thing is intended to which in conscience they cannot agree and consequentlie oathes conscience and Religion being so nice and daungerous matters if there were no other reason then this In his Newyearesguift num 8. pag. 37. the Catholicks haue iust cause to make not only a scruple but also a conscience to take it And therefore Widdrington him selfe in his Newyeares-guist confesseth at least that in the beginning and why not still Catholickes might iustlie suspect this oath to be vnlawfull 13. Suarez Gretzerus Hence it is also that some writers make a scruple of those wordes Supremus Dominus Soueraigne Lord because the Oath being of it self suspicious and the King of England by his ordinarie Title giuen him by Parlament being stiled Supreame Head of the Church which dignitie the Bishops and Diuines of England affirme to be annexed to the Kinges Regalitie iure diuino as we haue seen aboue Chap. 6. they feare least a snake lie hid in the grasse and a pad in the strawe and that vnder that Title of Supreme or Soueraigne Lord is couertlie vnderstood Supreame Head of the Church of England not only in Temporall but also in Spirituall causes But because these wordes Soueraigne Lord may be taken in that good sense which ordinarilie they import and are not put ex parte praedicati but only ex parte subiecti for by this clause the swearer sweareth not that his Maiestie is Supreame or Soueraigne Lord but only that our Soueraigne Lord is true and lawfull King I will not much stand about them 14. For as if one should sweare that the Archbishop of Cantetburie is trulie a persecutour of Catholicks he should not sweare that he is trulie Archbishop but onlie that he who is called Archbishop of Canterburie is truly a persecutour so by swearing that our supreame Lord King IAMES is true and lawfull King we do not sweare that he is Soueraigne or Supreame Lord but only that he who is so stiled is our Prince and King which no English Catholicke will refuse to sweare But howsoeuer Catholicks haue good cause to suspect all things in this vnwonted Oath it being not the ordinarie Oath of Alleageāce which the Kings in other Countries propose and wherewith the Kings of England contented them selues till they began to seuer them selues from the true Catholicke Romane Church for true Catholicke and Romane euer went together and to banish out of their Realme all Papall Authoritie as an enemie to their state which other Princes do retaine and euer haue reuerenced and maintained as the Chiefe support of their Kingdoms And that which augmenteth the suspition is for that his Maiestie him selfe seemeth to make doubt of this Oath and so it seemeth daungerous either for the Magistrate to propose it or the subiects to receaue it For these are his Maiesties wordes vttered in the Parlament an 1606. Some doubtes haue been conceaued in vsing the Oath of Allegeance and that part of the Act which ordaineth the taking therof is thought so absurd as no man can tell who ought to be pressed therewith For I my selfe when vpon a tyme I called the Iudges before mee at their going to their courts moued the question vnto them wherin as I thought they could not reasonablie auswer So that this obscuritie in the Oath should first be cleared least swearing to that which wee vnderstand not wee expose our selues to periurie The Second Clause And that the Pope neither by him selfe nor by any authoritie of the Church or Sea of Rome or by any other meanes with any other hath any power or authoritie to depose the King or to dispose of any of his Maiesties Kingdomes or Dominions or to authorize any forraine Prince to anoy him or inuade his Countries or to discharge any of his subiects of their Alleageance and obedience to his Maiestie or to giue licence or leaue to any of them to beare Armes raise tumultes or to offer any violence or hurt to his Maiesties Royall person state or gouernment or to any of his Maiesties subiectes within his Maiesties Dominions 15. Widdr. in disp Theol. in exam huius clausulae This clause sayth VViddrington is Petra illa scandali lapis offensionis that Rocke of scandall and stone of offence at which so many of this age as well learned as vnlearned haue stumbled And in deed to VViddrington him selfe it hath beene such a Rocke of scandall but by his owne fault for many haue passed it with out either falling or stumbling that he hath not onlie stumbled and fallen at it him selfe but by his fall he hath beene the cause of the fall and ruine of many an hundred For if August serm 14. de Sāctis Act. 7. 22. as S. AVGVSTIN sayth S. PAVL by holding the garments of those that stoned S. STEVEN did more stone him then any of the stoners them selues Magis saeuiens omnes adiuuaudo quàm suis manibus lapidando Certes Widdrington persuading by his bookes that the Oath is lawfull sinneth more damnably then any one of them that take the Oath yea taketh it in euerie one of them and stumbleth and falleth in them all and consequently more then them all But vae homini illi
transmarinas epistolas diriget Sweare whether after the death of our Lord the King you desire that his sonne Hildericus should be King or that none of you will wr●●e or send letters beyond the seas At this oath though in shew altogether lawfull the Catholike Bishops staggered and some of them suspecting all that cometh from the Enemies of Gods Church flatlie refused it others least the people should say that vitio sacerdotum qui iurare noluerunt non fuerint Ecclesiae restiturae by the fault of the Priests that would not sweare the Churches were not restored accepted of it But by and by appeared the hidden malice of the persecutour for he tooke aduantage thereby as well against those that swoare as those that refused to sweare To them that swoare his officers sayd VVhy against the commaundement of the Ghospell haue you ●Worne The King commaunded that you should neuer visit your Cities and Churchs againe but that being banished you should take lands to till colonatus iure by right of farmers and new Inhabitants yet with this condition also that you neither sing seruice nor pray nor carrie booke to reade nor Baptize nor giue orders nor reconcile any To them that refused to sweare they sayd quia regnum filii Domini nostri non optatis idcirco iurare noluistis c. Because you desire not that the sonne of our Lord the King should raigne after his Father therefore you would not sweare For which cause you are commaunded to be banished into the ●e of Corsica to hew trees for the Kings buildings So that in extraordinarie oathes the hereticall Magistrate hath sinister intentions and hidden meanings and vnder faire pretences coucheth malice and therfore all such oathes are by zealous Catholikes to be suspected much more this oath which in so plaine wordes abiureth the Popes lawfull authoritie which Councels and chiefe Doctors do giue him and which he hath practised so many yeares without contradiction of all sauing heretikes schismatikes and some few obscure authours ought to be houlden as suspected and as such of all timorous consciences to be auoided 21. VVherfore worthy Catholikes vse the benefit of persecution for that your good to which by God it is ordained or permitted let it serue for a winde to blow away your chaffe of Imperfections not to scatter the solid wheate of your faith charitie zeale feruour and constancie let it serue for a red sea to passe to the land of promise with the Israelites not to drowne you with the Aegiptians let it serue for a gale of wind to set you onward to the hauen of heauen not for a boysterous blast to driue you on the rockes of scandall let it serue for a blast to enkindle not to blow out your fier let it serue for a fire to purge you like gould not to melte and consume you like wax or lead to harden you as vessels sit to receaue Gods spirit and to carrie his name not to breake you in the heating And my dearest I vse S. PETERS words nolite peregrinari in feruore qui ad tentationem vobis sit quasi aliquid vobis contingat 1. Pet. 4. Thinke it not straūge in the feruour which is to you for a tentation as though some new thing happened vnto you It is no new thing for the seruantes of God to suffer persecution but comfort your selues that in suffering for Instice you are companions to Christ the Prophets Apostles and Martyrs Take heede that none of you suffer for disloyaltie or ill demeanour but whosoeuer suffereth as a true Christian that is as a Catholicke Romane for these two alwayes go together let him not be ashamed but let him glorine God 1. Pet. 2. for such suffering is but to purge him to try him to associat him to Christ and his faith to marke him for one of Christs souldiers to conforme and configurate him here to Christ patient that he may be cōfigurated in heauen to Christ triūphant VVherfore plucke vp your hartes and call to mynd your former victories hetherto you neuer encountred but you ouercame and prooued stronger thē all the Tibornes rackes and Gibbets then all the Engines and Ministers of crueltie doe not now by dastardie and cowardlike yeelding obscure your former glorie and mortifie your former merites but seing that you haue of humane frailtie yeelded in this one point let this your disgrace and foile receiued thereby serue for a busset of Satan to humiliate you with S. PAVL 2. Cor. 12. least the greatnes of your reuelations as it is a reuealed doctrine to count it honour and fel●●itie to suffer for Christ might extoll you let it serue for a memoriall to put you in mynd that heretofore by Christ and his graces not by your own force you ouercame let it serue as a Monitour to admonish you sitting in the triumphant chariot of your former victories that you are of your selues but mortall and frayle men let this fall make you rise with a rebounde to greater courage then euer that so all thinges euen falles may cooperate to your good Rom. 8. 22. But my zeale of your Honour VVorthie Catholickes hath transported me and made mee not only to exceede the limites of an Epistle but also to be more officious then perchaunce gratefull to some who may thinke that if I knew or at least fealt the miseries which they endure I should rather condescēd vnto them with VViddrington then vrge them so much to refuse this oath whose refusall is so daungerous to their persons and pernicious to their estates But I haue for such an answer in readines to wit that I am not ignorant of your extreame afflictions and that as I protest I neuer thinke of your sufferances seriouslie but I suffer with you sensiblie and would if so I might ease you spend my blood and hazard my life euen for a relaxation from your temporall miseries but being perswaded as I am and standing vpon so sure grounds as this Treatise will manifest vnto you as that Phisition were vnworthie his Profession that would prescribe onely such Phisick to his patient as is pleasing to his tast not caring how contrarie it be to his health so if I with a VViddrington would seeke to soothe and sute a worldlie humour and so my speeches be pleasing to flesh and bloud little regard the health and state of your soules and securitie of your consciences I were vnworthie the roome I fill the person I sustaine and the function of a Spiritual Physition which I haue vndertaken VVherfore if my Physick be distastfull refuse it not it being healthfull neither be you angrie with the Physition for prescribing so bitter a potion he therby intending your good and if my speeches seeme too plaine thinke they are sincere and spoken out of loue if sharpe and byting persuade your selues that meliora sunt vulnera diligentis quàm fraudulenta oscula odientis Prou. 27. Better are the wounds of him that loueth then the fraudulent kisses of him
that hateth This I am sure I giue you no other counsell then I would follow my selfe who haue that opinion of the vnlawfulnes of this oath that I would loose liuings libertie and life rather then take it not that I would not giue that to Caesar which is due to Caesar but that I would not take from God which appertaineth to God not that I neglect a temporal life and state but that I preferre the spirituall not that I despise the Prince to whom I acknowledge all tempor all obedience and honour but that I honour the Pastour who hath the rule of my soule not that I regard not the Common wealth but that I desire to liue and dy an obedient sonne of the Church not that I feare not them who can kill the bodie but that I feare God more who can kill the soule Matt. 10. 23. And my intention and proiect I protest of dedicating this Treatise vnto you was not to irritate any Prince but onlie to declare his Authoritie and office not to flatter any Prelate but onlie to defend his right not to increase your persecution but to ridde you of this Anathema which hath prolonged it not to adde affliction to affliction but courage to your fainting and comfort to your griefes to helpe them to rise that are sallen and to confirme them that stand that they may the better keepe their standing And this being my sincere intention I hope not onlie you but all others who shall peruse this booke will make their profit of it and interpret it in that good meaning which the Authour intended Our Lord IESVS for whose cause you endure either ease you of this burden of aduersities vnder which you grone or giue you strength to beare it comfort in bearing and make mee a follower of your rare examples an Imitatour of your patience and partaker of your merits as you shall euer be of my poore prayers and small labours A Preface To the Reader GEntle Reader I did not thinke to haue set out this little booke the second tyme much lesse did I intēd to adde any thing vnto it And although Widdrington in his New-yeares gifte hath of late here and there glanced against some words and speeches of myne where he imagined most aduantage yet I thought as I see other learned writers haue done to haue quite giuen him ouer and not to haue made the least replye as not being desirous to contend with such as are resolued not to yeelde hauing other businesses to many where with to occupie my self But the Printer who first tooke this booke in hād and other friends also īportuning me to let it come forth againe and alleadging that the copies of the first Edition were all spent and yet moe demaunded I was cōtent volens nolens yeelding herein more to importunitie then to myne owne inclination to publishe it once more and vpon this occasion of this new edition to adde here and there something either for a more ample explication or for answer to Widdringtons obiections I was willing I confesse and forward ynough the first tyme to write of this subiect For although as by an accident I was one of the last who wrote in the defence of this the chiefe visible Pastours Authoritie now in Englād impugned so I counted my selfe amongst the least yet as when an house is set on fire some carrie water others ladders and euerie one repayreth thether to shew at least his good will to extinguish it So in this Cōbustion in which not onlie Heretiques but also some of them who make profession of the Catholique name doe endeuoure to put fire euen to the secundarie foundation of God his Church to wit the chiefe vifible Pastours Authoritie I thought it the part of euerie zealous Catholicke to runne to the extinguishing of this fire for though all haue not the like dexteritie yet all may shew the like good will Which I hauing performed in the former Editiō of this little booke according to my abilitie I thought to haue surceased had not importunitie of friendes ouercome mee And therfore after this as I meane not to dispute any more of this point with thē with whōe as I gather by the repulse which greater men then my selfe haue receaued there is little hope to preuaile so I wish all Catholiques seing that they haue hearde their chiefe visible Pastours sentence to leaue of all Disputation touching this his Authoritie and simplie and humblie to obey his commādement and consequentlie to acknowledge the sayd Authoritie to refuse the Oath by him cōdemned and yet to obey the King our Soueraigne and Liege Lord in all ciuil and temporall causes to be faithfull to him and his Royall posteritie and to pray day lie for his maiesties longe and prosperous life that he may liue lōge to vs alwayes to God and so raigne longe in the Kingdome of England as he may raigne for euer in the Kingdome of heauen The Contents of the Chapters BY way of introduction it is shewed that there be two powers in the Church the one Ciuill the other Ecclesiasticall which are both necessary Chap. 1. Some Ciuill povver followeth immediatly from God and nature Regall povver proceedeth immediatly from the peoples election and Donation mediatly from Gods ordination Soe that after the election of the people and reception the king is superiour who may Command and bynde in conscience the people are subiects bound to obey Chap. 2. Ecclesiasticall power is also of God and is distinct from the Ciuill Iurisdiction which also all members of the Church are bound in conscience to obey Chap. 3. These two Iurisdictions and powers Ecclesiasticall and Ciuill are compared and conferred and the preeminence is giuen to the Ecclesiasticall Chap. 4. Ecclesiasticall and temporall Peeres and Princes are compared together and out of the Comparison is gathered that not only priuat laymen but euen temporall Princes though otherwise absolute are subiect to the Pastours of the Church and especially to the Supreme visible Pastour as is prooued by many arguments Chap. 5. That Princes Kings yea emperours haue no authority to gouerne the Church or to make Ecclesiasticall lawes neither are to be accounted heads or Superiours but subiects of the Church though protectours and defendours and therefore are modestly admonished of their duty and office Chap. 6. Although the Pope be not direct temporall Lord and Superiour of the world nor of any part therof by Christs expresse guift and donation but only of the patrimony of Sainct Peter giuen him by Constantine the Great and other Catholicke Princes and confirmed by the consent of the Christian world yet by the spirituall power which Christ gaue him in his predecessour S. Peter 10.21 he may dispose of temporall things and euen of kingdomes for the good of the church and conseruation of her and her faith right and the manner how and in what case he can thus dispose of temporalities is explicated chap. 7. By diuers places and
with his owne bloud But neither he nor any Apostle euer gaue that charge to Princes Fiftelie they differ in the cause efficient for the Ciuill and Temporall Power proceeds from God and Nature by meanes of the peoples election as is in the former Chapter declared but the spirituall power of the Church as it implieth Potestatem ordinis Iurisdictionis in foro interiori is from God immediatelie it being supernaturall and exceeding humane power And although the Ecclesiasticall humane power which inferiour Prelates haue proceeded from superiour Prelates especiallie the Pope yet not from the Prince or Common wealth but from the Pastours and Church So that as the Pope Priests and Church doe willinglie acknowledge the temporall and ciuill power of the Prince Magistrates and Common wealth or Kingdome so the Prince Magistrates and Common wealth must be content to recognize a spirituall power of the Pope Bishops Priests and Church to which obedience is due euen of Princes who are subiect to the Church no lesse then are temporall subiectes to the Prince yea rather more 7. This power all true Christians and Catholickes acknowledge none but Heretickes and Infidels deny The Waldenses Guido Carmel in har VVald Turrecr l. 4. Sūma de Eccl c. 35. Cōc Const sess 8. et 15. a. 14 Luth. a. 27. Dan in Bulla Leon. 10 Cal l. 4. Inst ca. 20 n. 6. 7. as witnesse Guido and Turrecremata as also VVicleph and Hus as the Councell of Constance relateth denyed all Ecclesiasticall power and sayed that Popes and Bishops Decrees and Canons did not bynd any The same is Luthers opinion Caluin affirmeth that neither the Pope nor his mitred Caluin sayeth horned Bishops can bynde mens Consciences by their decrees and ordinances and that for two causes First because they are no true Bishops which yet neither he nor all his secte could euer prooue Secondlie because though they were true Bishops yet they are not legislatours or lawmakers that Tytle agreeing only to Christ only he and his graunt that they may inculcate Gods lawes but make no newe 8. Well it is knowen that is was alwaies the manner of Heretickes to contemne all Ecclesiasticall Authoritie because it condemned them But as I haue alleaged proofes in the former Chapter for Ciuill power of Princes so can I not want argumentes for the spirituall and Ecclesiasticall power when Christ promised PETER that he should be the foundation and head of the Church he promised this power in and ouer the Church Mat. 16. for if PETER be head of the Church he can rule the mysticall bodie and if he can rule the same then can he also make Ecclesiasticall lawes for that is belonging to a superiour of euerie great and perfect communitie as is before shewed Secondlie Christ gaue this power to PETER when after his Resurrection he saied Pasce oues meas Feede my sheepe Ioan. 21. For the office of a Pastour may be gathered by the office of a shepheard who is to gouerne his sheepe to feede them and to defend them from the wolfe and so a spirituall shepheard and Pastour must haue authoritie to rule by lawes to feede by preaching and Sacraments and to defend by censures and his Pastorall staffe and coerciue power Eph. 4. VVhereupon Saint Paul saith that Christ hath giuen to his Church not only Doctours and Prophetes to teach but also Pastours to feede and gouerne And seing that the Church hath as much neede now of a supreame visible Pastour and rather more then at the beginninge it followeth that PETER hath a successour who hath the like Authoritie And seing that all Fathers all Councelles all histories all practise of the Church possession and prescription for 1600. yeares stande for the Pope of Rome he is this successour and he it is that hath the supreame Ecclesiasticall and spirituall power after Christ Thirdlie Mat. 18. Christ commandeth to obey the Church and saith That he that will not giue eare to the Church is to be accounted as an Ethnike and Publican which is a signe that the Church hath Authoritie and Iurisdiction to heare causes and to pronounce sentences to which obedience is to be giuen Fourthlie not withstanding that in the old law of Moyses God determined almost all by him self by his morall iudiciall and ceremoniall lawes yet he gaue power to the Synagogue and her Pastours to interprete the law to resolue doubtes concerning the law and to enact some lawes as occasion was offred And therefore we see with what seueritie God commanded obedience to the Priests saying Deut. 17 Si difficile ●mbiguum c. If thou perceaue that the Iudgement with thee be hard and doubtfull betweene bloud and bloud cause and cause leprosie and leprosie and thou ●●e that the wordes of the Iudges within thy gate do ●arie arise and ge vp to the place which our Lord thy God shall choose and thou shalt come to the Priests of the Leuiticall stocke and to the Iudge that shall be at that time and thou shalt aske of them who shall thew thee the truthe of the Iudgement And thou shalt do what soeuer they that are Presidents of the place which our Lord shall choose shall say and teach thee according to his law and thou shalt follow the sentence c. And he that shal be prooued refusing to obey the commandement of the Priest which at that time ministreth to our Lord thy God and the decree of the Iudge that man shall die and thou shalt take away the euill out of Israel and the whole people shall feare that none asterward swell with pride By which we see that the Highe Priest had Power not only directiue but also coerciue vnder paine of death And we read how the victorie of Iudith ouer Holofernes was celebrated by the Iewes with commandement of a holie daye Iudith vlt. which law was merelie Ecclesiasticall made by the Priests and was not commanded by God his law The like festiuall day was decreed by Mardocheus and receaued by the Iewes in memorie of their deliuerie from Amans tyrannie by meanes of Hester Hester 9. which also was no diuine but an humane and Ecclesiasticall law Likewise the Machabees instituted the feast of the Dedication 1. Mach. 4. Ioan. 10. which Christ afterwards obserued with the rest of the Iewes and yet this was not commanded by God his law Againe Christ commandeth to do that which they who sitt in Moyses Chaire doe saie Mat. 23. but not alwaies what they doe much more would he haue vs to do that Lib. 4. Inst cap. 20. n. 21. Act. 15. which they who sitt in Saint Peters yea Christs seate do command And we read in the Actes which Caluin well saw but glosseth vntowardlie how the Apostles in their first Councell made a new law by which they commanded the conuerted Gentils to abstaine from eating of bloud and things strangled which were now the olde lawe being abrogated things
c. 8. who reporteth the Emperour to haue saied Mihe negotiis occupato Reipublicae curis distento res huiusmodi inquirere non facile est It is no easie for me who am busied with businesses and distracted with the cares of the Common wealth to take notice of these matters as though the Emperour had authoritie to meddle in Councels but was not at leisure yet the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with Doctour ANDREWES leaue Tortura Torti pag. 174. signifieth not facile but fas as he may see in BVDAEVS and consequentlie that the Emperor meant that it was not lawfull for him to intermeddle in such matters And this meaning NICEPHORVS his next words do argue When he sayth Vos autem quibus haec procuratio mandata est But you to whom this procuration is committed The same meaning also do ZOZOMENVS his owne words following insinuat Et ideo Sacerdotes Episcopi quibus haec curae sunt c. And therfore Priests and Bishops who haue care of these thinges So that the Emperour meant that he could not onlie not be at leisure but also that it was not lawfull for him to meddle in Councels Yea he was so farre from intermedling in Ecclesiasticall matters that when the Bishops assembled at Milan desired him to nominate the Bishop of Milan he wrote to the Bishops to choose such a one as to whom said he we that gouerne the Empire may incline our heads because saith he supra nos est talis electio such an Election passeth our Authoritie 16. Ninthlie This the ancient Fathers haue taught and told euen Emperours to their faces ATHANASIVS Epist ad soli vitā agentes Si istud est iudicium Episcoporum quid commune cum eo habet Imperator c. If this belong to the Iudgement of Bishops what hath the Emperour to do with it And a little after Quando à condito aeuo auditum est quando Iudicium Ecclesiae Authoritatem suam ab Imperatore accepit aut quando vnquam hoc pro iudicio agnitum est Plurima ante haec Synodi fuere multa Iudicia Ecclesiae habita sunt Sed neque Patres istiusmodi res principi persuadere conati sunt nec Princeps sein rebus Ecclesiasticis curiosum praebuit VVhen from the beginning of the world was it hearde when did the Iudgement of the Church take her Authoritie from the Emperour Many Synods before these tymes haue been many Iudgementes of the Church haue been giuen But neither did the Fathers persuade the Prince to meddle in those matters neither was the Prince so curious as to entermeddle in Ecclesiasticall matters Yea in the same Epistle he addeth Quis enim videns eum Constantium in decernendo Ibidem Principem se facere Episcoporum praesidere Ecclesiasticis iudiciis non merito dicat illum eam ipsam Abominationem desolationis esse For who seing him Constantius making him selfe Prince of the Bishops in decerning and bearing Authoritie ouer Ecclesiasticall Iudgements may not worthilie say that he is the Abomination of desolation And in that very Epistle he often tymes calleth CONSTANTIVS the Precursour of Antichrist for arrogating Authoritie in Councelles and ouer Bishops and for entermeddling in matters appertaining to the Church HOSIVS Cordubensis Athan. Apol. pro fuga purum ab initio whom Athanasius calleth vere Osium that is a Saint and of whom he giueth this commendation In what Synode was not hee the Captaine and Ringleader VVhom did not hee by defending the truth draw to his Opinion VVhat Church doth not keepe the monuments of his Presidence HOSIVS I say thus highly commended by S. ATHANASIVS being vrged by Constantius to communicate with the Arrians and to subscribe against Athanasius Athan. epist ad soli vitam agentes wrote vnto the Emperour in this manner Beleeue mee sayth he who may be thy Grand father I was in the COVNCELL of SARDIS when thou and thy Blessed brother CONSTANS called vs thether c. VVhat Bishop there was banished or when did he entermeddle him selfe in Ecclesiasticall Iudgements And then he giueth th' Emperour this holsome Counsell worthie to be followed of all Princes Desine quaeso memineris te mortalem esse c. Leaue of I pray thee and remember that thou art a mortall man Feare the day of Iudgement Keepe thy selfe pure for that day Do not entermeddle thy selfe in Ecclesiasticall matters nor do thou commaund vs in this kinde but rather learne those thinges of vs. God to thee hath committed the Empire to vs he hath giuen the charge of thinges belonging to the Church and as he who with maligne lookes carpes at thy Empire contradicteth the diuine Ordinance so do thou take heed least drawing that which appertaineth to the Church vnto thy selfe thou be made guiltie of a great crime Giue it is sayd to Gaesar what belongeth to Caesar and what appertayneth to God to God VVherfore neither is it lawfull for vs to holde the Empire in earth neither hast thou O Emperour power ouer the sacrifices and holyes Ambros lib. 5. op 32. ad Valens These thinges I write for the care I haue of thy Saluation c. S. AMBROSE hath manie notable sentences vttered by him with libertie and plainesse worthie such a Prelat Writing to VALENTINIAN the younger who by the Instigation of his mother vrged him to a disputation or conference in matters of Religion in the Consistorie before the Emperour he refused because the Emperour had nothing to do in such matters neither saith he to Valentinian the younger ought any to iudge me contumacious seing that I affirme that onlie which thy Father of August Memorie did not only answere by speech but also by his lawes decreed to wit In causa fidei vel Ecclesiastici alicuius ordinis eum iudicare debere qui nec munere impar sit nec iure dissimilis Haec enim verba rescripti sunt Hoc est sacerdotes de sacerdotibus voluit iudicare That in a cause belonging to faith or to Ecclesiasticall order hee should giue Iudgement who is neither inseriour in office nor in Right vnlike For these are the words of the Rescript That is he would haue Priests to Iudge Priests And a little after Quando audisti Clementissime Imperator in causa fidei Laicos de Episcopo iudicasse c. When didst thou heare ô most Clement Emperour that laymen Iudged a Bishop in a cause of faithe and againe Pater tuus Deo fauente vir maturioris aeui dicebat Non est meum iudicare inter Episcopos c. Thy Father who by Gods fauour was a man of riper age sayd It is not my office to Iudge between Bishops thy Clemencie sayth I must Iudge And he being baptized in Christ thought him selfe vnable to beare such a waight of Iudgement thy Clemencie of whom the Sacraments are yet to be deserued Orat. in Auxent quae sequitur epist citatam arrogateth iudgement in a
matter of faith when as thou knowest not the mystieries of faith And yet againe to the same purpose he addeth Soluimus quae sunt Caesaris Caesari quae sunt Dei Deo c. VVe haue payed to Caesar what was Caesars Tribute is Caesars it is not denyed the Church is Gods therfore it must not be giuen to Caesar because the Temple can be no right of Caesars No mā can deny but that this is spokē with Caesars honour For what more honorable then for the Emperour to be called the sonne of the Church Which when it is sayd it is sayd without sinne it is sayd with grace Imperator enim bonus intra Ecclesiam non supra Ecclesiam est for a good Emperour is within the Church not aboue the Church The like libertie of speech he vseth also in an Epistle to his sister Marcellina Ambr li. 5. cit ep 33. ad Marcellinam sororem Mandatur denique Trade Basilicam c. To be briefe the Emperours commaund is Deliuer vp the Church I answer it is neither lawfull for mee to deliuer it nor expedient for thee O Emperour to take it Thou canst by no law spoile or ransake the house of any priuat man and thinkest thou that the house of God may by thee be destroied and ruinated It is alleaged that to the Emperour all thinges are lawfull all thinges are his I answer doe not ô Emperour charge thy selfe as to thinke that thou hast Imperial right ouer diuine thinges Do not extoll thy selfe but if thou wilt raygne longe be subiect to God It is written Mat. 22 What is Gods to God what is Caesars to Caesar To the Emperour Palaces do belong to the Priests Churches To thee is committed the care and charge of publick walles not of those that be holy If S. AMBROSE would not yeeld a Church or Chappell to the Emperours disposition would he if he had liued in King HENRIE the Eight his time and in England haue permitted him to seaze vpon all Abbayes Abbay lands and Churches belonging vnto them Or would he or S. ATHANASIVS or HOSIVS haue permitted him to sitt in Parlament as supreme Iudge in matters not only temporall but Ecclesiasticall or if they had seene Cromwell appointed King Henrie the Eights Vicaire Generall in Spirituall causes taking place aboue all the Bishops and Archbishops in their Conuocation would not ATHANASIVS haue called it the Abomination of desolation 14. Bilson in his Difference pa. 174. Andr. in Tortura Tortipa 169. Field li. 5. de Eccles cap. 53. To this Argument Doctour BILSON Doctour ANDREWES and Doctour FIELD answere that Constantius and Valentinian the younger were reprehended by these Fathers not for medling in Councels and Ecclesiasticall affaires but for tyranizing ouer Bishops and for partiall and vniust dealing But if these Fathers had meāt no otherwise they would not so absolutly haue reprehended medling in Ecclesiasticall matters but would onlie haue inueighed against the abuses For if a Pope who is in deed Head of the Church should abuse his Authoritie in Councels or Ecclesiasticall Iudgments though euen a Catholick who takes him for supreme Head might reprehend the abuse Athan. supra yet he could not saie to him as ATHANASIVS did to Constantius If this be the Iudgment of Bishops what hath the Pope to do with it Nor could he say to the Pope as he did to the Emperour VVhen was it euer heard from the beginning of the world when did the Iudgment of the Church take Authoritie from the Pope Neither could he haue sayd to the Pope Hosius supra as HOSIVS sayd to the same Constantius VVhen was the Emperour present to wit as Iudge for as Protectour and hearer he knew and saw CONSTANTIN the Great present in the Councell of Nice in Ecclesiasticall Iudgments Neither could he haue sayd to the Pope as the same HOSIVS saieth to Constantius Do not intermeddle in Ecclestasticall businesses nor do thou command vs in this kind but rather learne these thinges of vs. Much lesse could those wordes of S. AMBROSE Ambros supra which he so bouldlie spake to Valentinian haue been sutable to the Pope or any supreme Head Ecclesiasticall VVhen didst thou heare ô most Clement Emperour Pope that any of the laitie Clergie Iudged Bishops in a cause of faith Much lesse could these other words of S. AMBROSE haue been fitting a Pope or any supreme head Ecclesiasticall A good Emperour Pope is in the Church not aboue the Church Nor could S. AMBROSE haue denyed so peremptorily to deliuer a Church or Chappell to the Emperour if he had deemed him supreme head of the Church much lesse could he haue alleadged that reason of his denyall To the Emperour Pallaces appertaine to the Priest Churches for if the King be supreme Heade of the Church then Churches pertaine to him as well as Pallaces 15. But let vs heare another Father S. Chrysost ho. 4. de verbis Isaiae 2. Paral. 26. CHRYSOSTOME pondering the audacious fact of King OZIAS who in the pride of his power victories and former vertues arrogated to him selfe the Priests office hath these words Rex cum esset Sacerdotij Principatum vsurpat Volo inquit adolere incensum quia iustus sum Sed mane intra terminos tuos alij sunt termini Regni alij termini Sacerdotij Being a King he vsurpeth the power of Priesthood I will sayth he offer incense because I am iust But stay within thy limits Others are the bounds of the Kingdome others of the Priesthood If then the King hath his limits prefixed and contained within the Kingdome it followeth that he cannot intermeddle him selfe as a superiour in Eccles●asticall causes but he shall passe his limits The same Father in his next Homelie hath these words Chrysost hom 5. de verbis Isaiae which are worthy the marking Quanquam nobis admirandus videatur Thronus Regius ob gemmas affixas aurum quo obcinctus est tamen rerum terrenarum administrationem sortitus est nec vltra potestatem hanc praeterea quicquam habet Authoritatis Verum sacerdoti Thronus in Coelis collocatus est de coelestibus negotiis pronunciandi habet potestatem Although the Kings Throne seemes to vs worthy to be admired for the pretious stones wherwith it is besett and the gould wherwith it is couered yet the King hath only the administration of terrene things neither hath he beyond this power any further Authoritie But to the Priest a throne is placed in Heauē and he hath power to pronounce sentēce of heauenly businesses and affaires appertaining vnto heauen 16. Tenthlie I proue this veritie by the Arguments wherwith in the former Chapter I haue prooued that Kings Christian by baptisme are made subiects of the Church as much as is the lowest Christian and that not onlie Popes but inferiour Bishops haue challenged superiority ouer them which also Princes from the beginning haue euer acknowledged For if Princes in matters Ecclesiasticall be
3. which S. AVGVSTINE sayth is a greater euill then to be killed by a sword consumed by fier or cast vnto wild beastes to be deuoured who doubteth but that he should be called the principall cause of the deposition he compelling the subiectes therunto by so great a punishment 40. Likewise as a forreine Prince may and is bound sometimes to defend Innocents so the Pope may licence and authorize yea and commaund him so to do he hauing authoritie as VViddrington auoucheth to commaund a Prince in tēporall matters and if at the Popes commaundement this Prince make warre vpon the Prince that intolerably molesteth Innocents in their faith and Religion as Victoria in the place before alleaged saith he may that which the Prince shall doe against the other tyrannizing Prince in the pursewing of his iust warre the Pope shal be said to do hee being the commaunder and consequently the principall agent And yet by this Clause of the Oath the subiects are commaunded to sweare that the Pope hath no authoritie to authorize any forreine Prince to anoy the King of England or to inuade his countries which is to abiure at least a probable opinion as certainely false which how it can be done with a good conscience I report me euen to VViddringtons large conscience But be this spoken to shew the daunger of swearing this Clause not to giue any scope against Kings or Princes whome I honour as God his Images and his Vicegerents in Earth The Third Clause Also I sweare from my heart that notwithstanding any declaration or sentence of excōmunication or depriuation made or graunted or to be made or graunted by the Pope or his successours or by any authoritie deriued or pretended to be deriued from him or his Sea against the said King his Heires or successours or any Absolution of the sayd subiects from their obedience I will beare faith and true alleageance to his Maiesti● his Heires and successours and him and them will defend to the vttermost of my power against all conspiracies and attempts what soeuer which shal be made against his or their persons their crowne and dignitie by reason or colour of any such sentence or declaration or otherwise and will do my best endeuour to disclose and make knowne vnto his Maiestie his heires and successours all Treasons and Trayterous conspiracies which I shall knowe or heare of to be against him or any of them 41. Widdr. in Disp Theol. ca. 4. sect 1. n. 1. seqq Here VVIDDRINGTON insulteth against the learned Cardinall Bellarmine though the Phoenix for controuersies of this our age Cardinall Bellarmine sayth he Gretserus and Lessius contend that by this Clause is denyed to the Pope power to excommunicate which yet sayth he this Clause seemeth to suppose and the King professeth he had not the intention to denie But although this Clause seeme to suppose and the King in wordes seemeth to confesse or at least not to denie the Pope Authoritie to excommunicate yet in effect they denie it For depriuation of Regall Authority being an effect of excommunicating which ordinarily followeth excommunication of Kings and Princes in the deniall of the effect the cause is denied For as if you should say A man is not risibilis you should denie him to be homo so in denying that the Pope can depriue Princes of their Kingdomes you denie in effect tha he can excommunicate 42. Here WIDDRINGTON in his Newyearesgift insulteth against me for saying as he makes me to say that depriuation of Regall Authoritie is an effect of Excommunication as necessarilie following Excommunication as risibile followeth homo But if we looke into the matter narrowlie we shall finde he triumpheth before the victorie and counteth his chickins before they be hacht For first if we speake of the power of Excommunication and depriuation of which I speake but two lines before these wordes at which VViddrington carpeth I had shewed in the seauenth Chapter before that the power to excōmunicate which the cbiefe visible Pastour hath is one and the selfe same power with the power of depriuation and deposition which one power hath two actes and effectes the one principall and first intended called actus primarius and this is Excommunication or such like spirituall Censure and punishment the second is depriuation deposition and such like Temporall chastisement and correction which is actus secundarius a secundarie acte of the Chiefe Pastours spirituall power secondarilie intended when the first will not preuaile And these two actes are necessarilie belonging to the Popes spirituall power of Supremacie not that this power must needes alwayes exercise both or either of them but because the Pope can not haue this power but he must haue facultie to exercise them when a iust cause requireth it and so these two actes being necessarilie belonging to the Popes Supremacie he that denyeth him power to depriue or depose a Prince denyeth in effecte that he hath power to Excommunicate it being one and the selfe same power because the denyall of an effect necessarilie belonging to a cause is a virtuall denyall of the cause euen as to deny that fier can heate or rarifie is to deny it to be fier and to deny a man to be risibilis is to deny him to be man Secondlie if we speake of these two actes of this power although WIDDRNIGTON knoweth that the learned SVAREZ alleaged by him 2. p. Append contra Suarem sec 4. affirmeth that the suspension of Kinglie Authoritie is an effect of the acte of Excommunication I did not say that depriuation is alwayes an effect of the acte of Excommunication well knowing that although both these are so necessarilie belonging to the Popes power of Supremacie that it can not be without possibilitie of exercising them yet it is in his free choise to exercise either both or either of them and so he may excommunicate and not depriue and he may depriue as he did King CHILDERIC See Cap. Alius 15. q. 6. alleaged by me pag. 250. and not excommunicate And therfore I sayd onlie that depriuation of Regall Authoritie being aneffect of excommunication which ordinarilie followeth Excommunication of Kinges and Princes in the denyall of the effect the cause is denyed c. where WIDDRINGTON leaueth out those wordes which ordinarilie followeth because those wordes would haue made it plaine that I say not that depriuation is an effect of Excommunication in all Excommunicate persons but in Kinges and Princes nor alwayes in excommunicated Princes because a Kinge may be excommunicated and not deposed and he may be deposed as CHILDERIC King of Fraunce was and not Excommunicated but oftentimes and ordinarelie Cap. Alius 15. q. 6. because the Chiefe visible Pastour vseth not by name to excommunicere a Prince but he also ordinarilie especiallie in these later Ages deposeth him and for two reasons also the one because he ought not ordinatilie to proceede to so seuere a temporall punishment before he haue tryed whether the
according to a probable opinion though he commaund a thing against the subiectes opinion and that also probable but the Pope VViddrington lawfull Superiour commaunding VViddrington not to defend the Oath of pretended allegeaunce commaundeth at least according to a probable opinion ergo VViddrington is bound to obey the Pope in this against his own opinion though that were also probable The Maior Vasquez proueth because the Subiect may follow any mans probable opinion and consequentlie his Superiours that also being probable and if he may he must because his Superiour commaundeth The Minor VViddrington graunteth and can not deny the Conclusion then followeth to wit that VViddrington is bound in conscience and vnder payne of mortall sinne the thing commaunded being of great importāce to desist from defending the oath the Pope hauing condemned it and commaunding him not to defend it To say that the Pope is misinformed and that therfore his declaration and cōmaundement grounded therin doth not bynd in conscience is but a poore stay for VViddringtons consciēce because Disp Th. c. 10. sec 1. n. 53. as VViddrington alleageth out of father Parsons letter he informed him selfe of seauen or eight of the most lerned Diuines in Rome and since he hath heard what VViddrington him selfe can suggest To alleage his Authours is to litle purpose they being as aboue wee haue seen few and of litle or no Authoritie To say the Pope may erre wil as litle seue VViddringtons turne because euerie lawfull Superiour is to be obeyed when he commaundeth according to a probable opinion though in other things and euen in this he may erre To answer that he is then onlie bound to obey his Superiour when ther is no notable daunger or domage in obeying is as litle to the purpose partlie because the opinion according to which the Pope commaundeth is more then probable as aboue is proued partlie because though ther may be Temporall domage in refusing to take the oath yet for VViddrington not to defend it by publique writing ther is no more daūger to him thē to many moe who neuer set pen to paper for the defence of it rather VViddrington should feare the spirituall daunger and domage which is incurred either by defending or taken it as his chiefe Pastour hath assured him 75. Secondlie I wish VViddrington to reflect vpon his own selfe The socōa good Counsell to VViddringt●̄ and the state of life to which he is called the daūgerous course he runneth and how farre he is proceeded in it how heauie an enterprise he hath vndertaken and how hardlie hee shall be able to goe thorough with it whoe applaude him in it who condemne him what Authours he followeth whō he contradicteth whom he maketh glad whom he contristateth what a Schisme as it were he hath made amongest some of his Catholique brethren with what doubtes and Scrouples he hath troubled the myndes of others How many wel meaning and before verie zealous Catholiques he hath induced to take the Oath and what scope he hath giuen to the persequutour to vexe and afflict those who out of conscience refuse to take it how litle gratefull he hath shewed him selfe to the Sea Apostolique which bredde brought him vp how much to officious to her Aduersaries his chiefe Applauders what litle comfort at the hower of his death he shall reape of these his labours how much discomfort 76. And to you Holsome Counsell to the Catholiques worthie constant and renowned Catholiques I giue this holsome Counsell Seing that this Oath so much derogateth from the Church and her chiefe Pastours honour and Authoritie and giueth such scope to her Enemies and Persecutours as you haue hetherto defended still sauing some fewe do this Church her faith and Authoritie and haue sustained losse of libertie liuinges and liues rather then you would consent to the least iniurie which is offred her so do you not by taking this Oath falsifie your faith to CHRIST his Church chiefe Vicaire You haue passed the raging stormes and Tempests of a Sea of Persecution make not shipwracke of all your spirituall marchandize and merites in the mouth of the hauen you haue long since laied your hand to the plough do not now looke backe Luc. 9. Exod. 14 you haue almost past the red Sea of Persecution which hitherto hath yeelded you passage go not backe to Aegipt for then you will neuer come to the Land of Promise you haue runne a long time in the race 1. Cor. 9. faint not now before the goale rather looke vp to Heauen Gal. 5. and you shall see the Angell houlding in his hand a crowne of glorie Currebatis benè quis vos impediuit veritati non obedire You ranne well who hindered you not to obey the truth Persuasio haec non est ex eo qui vocat vos Ibid. this persuasion to take this Oath is not of him Ibid. that called you It is of the Enemie who enuyeth that you ran so well But ego confido in vobis quod nihil aliud sapietis I haue confidence in you in our Lord that you will be of no other minde nor do otherwise then becometh good Catholicks and such Catholicks also who haue beene tried and purged in the fornace on whome the eyes of God his Saincts and all the world are fixed In the meane time qui conturbat vos por tabit iudicium suum quicunque est ille he that troubleth you he that hath cast stumbling blockes and scandals in your way he that like the serpent hath buzzed in your eares shall beare the Iudgement of almightie God whosoeuer he bee 77. And as I desire you should be constant in your faith and Religion obedient to the Church and her chiefe visible Pastour in all which is belonging to their Authoritie so I exhort you to obey the Kings Maiestie your Soueraige Lord and Liege in all things which appertaine to his Regall power and so to giue to God his Church and chiefe Vicaire their due hommage and respect as you deny not to the King Tribute Rom. 13. Custome feare honour obedience fidelitie and faithfull seruice not to thinke that this which I haue sayed in behalf of the authoritie of the Church and her chiefe visible Pastour hath been to detract any the least due right and respect from our Temporall Lord and Soueraigne much lesse to giue any waye or scope to plottes conspiracies or libelles which may irritate the Prince purchase no good but rather procure disgrace and preiudice to the cause for which you suffer For as S. PETER telles you 1. Pet. 2. what glorie is it if sinning and buffeted you suffer but if doing wel you susteine patientlie that is thanke before God for vnto this you are called For it is better as the same Apostle assureth you to suffer as doing well if the will of God will haue it soe then doing ill 1. Pet. 3. And therfore 1. Pet. 4.