other Titles to be quite exempt from him and subiect to none in temporall matters And seing that this supremacie in Ecclesiasticall matters either is not distinguished from their Regall Authoritie or is necessarilie annexed vnto it as they refuse to be subiect in temporall matters so might they in Ecclesiasticall The King of England Why he rather then the King of France The King of France why he rather then any of the others Yea if these Kings pretend not to be subiect to the Emperour much more may they claime exemption from one anotherr 9. If any answere that by Common consent they may either choose one to call the rest or being all equall they may meete altogether in one neither will this serue For as for the first meanes it is morally impossible because Kinges who haue high aspiring mindes would neuer be drawen to subiect them selues to any and so whilst euerie one would be Chiefe none should be Chiefe The second meanes is as impossible for first where shall they meet Certes no King will easilie leaue his Kingdome and so euerie one would be desirous to haue the Councell in his Countrie yea euerie one would refuse to haue such a meeting in his Kingdome for feare of daunger But suppose they meete when they are mett how shall they agree especiallie they being commonly of diuers Religions for if a King in that he is a King is to iudge in matters of the Church euery King hath right to be of this Councell and so the Turke the Persian the Muscouite shall haue place in this Councell If you say that not euerie King but onely Christian Kinges are Heads of the Church in their Kingdomes then at least Catholick Lutheran and Caluinian Kinges must be of the Councell and how shall these agree who shall moderat seing there is no more reason of one then another If you say that Bishops must be the Men that must make Decrees and Canons and conclude all in this Councell This they cannot do without Kinges if euerie King be supreme Head in their Countrie and therfore it was enacted accordinglie in the Parlament holden by King HENRIE the Eight in the twenty sixt yeare of his raigne That he should be reputed supreme Head of the Church of England and should haue all the honours Authorities and commodities belonging there vnto Amongst which honours the Principall and that which is necessarilie annexed vnto the Headship of the Church is to call Councels and to sitt as Chiefe Iudge in them See Poulton â—n his AbridgemeÌ„t of the statutes Sander de Schis Angl. And Queene ELIZABETH had also graunted vnto her by a Parlament in the first yeare of her raigne all power for the correction and reformation of the Clergie for the iudgements and punishmeÌ„ts of schismes and heresies for nominating of Bishops and for calling of Synods and that with such ample Authoritie that nothing should be decreed in any Synod with in the Realme without expresse licence and consent of the Queene And if the Bishops in the Councell agree not as I see not how they can if there be no one amongst them that can command who shall be the man that shall take vp the matter amongst them If you say the Kings I demand who shall beare the sway amongst them And so to make Kinges Heads of the Church in their Kingdomes is to hinder all Generall Councels which yet heretofore haue been so oft assembled by the Authoritie of the Pope to the great profit peace and vnitie of the Church 10. Fourthlie if Princes in that they are Princes or Christian Princes were Heades of the Church in their Realme then Children might be Heades of the Church yea and women also for they are capable of Regall Authoritie wheras not withstaÌ„ding the Wiseman pronounceth a vae curse to the land whose King is a Child Ecclesiastes 10. And much more woe it were to a Church whose head is a Child Surely S. PAVL 1. Cor. 14 that commands women to be silent in the Church would neuer haue permitted such to gouerne the Church And yet after King HENRIE had arrogated this monstrous power in a King to make it ridiculous to the world God permitted that next after him a Child came to be King the Head of the Church of England and next but one after the Child a womaÌ„ succeeded also in the like authoritie 11. Fiftlie to make enerie King supreme Head of the Church in his Kingdome destroyeth the vnitie of the Church for wheras there are three especiall and essentiall Vnities in the Church to wit Vnitie of Head and one gouernment Vnitie of one faith Vnitie of the same externall profession and worship of God by the same rites and Sacramentes If we receaue euerie Prince in his Realme for Head of the Church these three Vnities can not long be conserued For as for the first Vnitie though our Aduersaries would say that it may well be conserued in CHRIST who is the principall and onely principall and absolute Head yet because CHRIST is now ascended to his Father and conuerseth no more visibly amongst vs besides him the Church which is a Visible Congregation and bodie standeth in neede of a visible Head else should she be visibly headlesse and imperfect And therfore as scripture hath declared CHRIST for our soueraine and invisible head Ioan. 10 Vnum ouile vnus Pastor One fould Ephes 1. one Pastour And againe Ipsum dedit caput supra omnem Ecclesiam God the Father made him head ouer all the Church which is his bodie So doth scripture and CHRIST him self in scripture point out another vnderhead and visible Pastour Mat. 16. saying Thou art Peter and vpon this Rocke will I build my Church and againe Pasâ—e oues meas feede my sheepe that is all Christians Ioan. 21 and so PETER was in his time and his successour the Pope now is Chiefe Head and visible pastour ouer all Christians and consequentlie ouer all Bishops euen in a Generall Councell vnlesse they will denie them selues to be the sheepe of Christ. And this Vnitie was necessarie to conserue the other Vnities of faith and eternall profession and worship of God by the same SacrameÌ„tes For diuers visible Heades would not so easilie agree amongst them selues it being a naturall thing for meÌ„ in equall authoritie to striue to drawe all to their partie Whereupon S. CIPRIAN sayth Cypria lib. 4. ep 9. lib. 1. epist 8. lib. de vnit Eccl. That the Church is Plebs suo sacerdoti adunata The people vnited to their Priest And that Non aliunde natae sunt haereses aut orta schismata nisi quod vni sacerdoti Dei ab vniuersa fraternitate non obtemperetur Not from any other source heresies or schismes are risen then for that obedience is not giuen to one Priest of all the fraternitie For why Exordium ab vno proficiscitur Primatus Petro datur vt vna Christi Ecclesia vna Cathedra
Church but by the Magistrate I must tell him that if the Magistrate may punish Hereticks much more may the Church because the Magistrate and Prince as he is not to iudge which is heresie so it pertaines not to him to punish Hereticks Vide Suarâ—z lib. 4. de legibus cap. 11. heresie being a crime which pertaineth to the Ecclesiasticall not to the Temporall Court and therfore that Princes by their lawes do decree punishments against hereticks they do it by commission from the Church which is the cause why the Church first deliuereth them vp to secular power whence followeth that the Church who giueth Authoritie to Princes to punish Hereticks may do it her selfe when they are wanting in their office which also all the Arguments alleadged do conuince And Widdrington cannot denie Ca. ad ab solendum cap. vergentis c. ExcoÌ„municamus ca. fin de haereticis 15. q. 6. ca. not Sanctorum that the Church doth deliuer vp Hereticks to secular power which is a temporall punishment as also that she casteth them into prison confifcateth their goods makes them infamous vncapable of new secular offices and of the right and lawfull execution of the olde makes them vnable to make their last will or to succeed by Testament yea and that by her decrees they be excommunicated and consequentlie depriued of all Ciuill societie which are in like sort Temporall punishments Moreouer it cannot be denied but that the Councell of Trent sess 25. cap. 3. Commaundeth Ecclesiastical iudges not to vse Censures but when there is vrgent cause and in lieu therof to condemne malefactours to pecuniarie mulctes 3. And if the Church can thus punish ordinarie Christians temporallie she may inflict Temporall punishments vpon Kinges because although Kings as Kings are superiours to their subiectes yet as Christians and Christian Kinges also they are as subiect to the Church as others because as aboue I haue declared the reasoÌ„ why other Christians are subiect to the Church and her visible Head and Pastour is because they are incorporated to the Church and made members therof by baptisme and consequentlie subiect to the whole bodie and head but Kinges and Emperours are as well incorporated as other Christians being as well baptized and signed with as good and as vndefaceable a caracter of baptisme ergo they are as subiect And then say I If they be as subiect they may by the Churches authoritie be punished aswell as others and not only spirituallie but also temporallie as others may if once it be graunted that hereticall and rebellious Princes may be punished by the Chiefe Pastour by lesser penalties as coÌ„fiscations of goods infamie exile such like punishments which are inflicted on all obstinate hereticks then I shall easilie inferre that they may by the Church be depriued also of their Kingdomes that depriuation being a temporall punishment so of the same order with the others And though it be greater then many others yet why may it not be inflicted for an enormious rebellion or iniurie against the Church This I say to prooue that Princes by the Church may be punished temporallie though the Church alwayes beareth and ought to beare that respect to Princes that she will not vse teÌ„porall punishmeÌ„ts against Princes no nor any punishment at all but only when holsome admonition will not serue and the Church is much interessed CHAPTER XI The same power of the Pope ouer Princes is prooued by authority of Generall Councells out of which are gathered for the same authority euident and conuincing arguments 1. THe Authoritie of a Generall Councell confirmed by the Pope quoad nos in respect of vs to whom a Councell is better knowen then Scripture though in it selfe not of so great credit as Scripture is the greatest in earth and vnder the cope of Heauen For if a Councell especiallie Generall confirmed by the Chiefe Pastour Act. 15. notwithstanding that it representeth the whole Church containeth all the Chiefe Pastours of the Church and hath in it assembled all the learning wisdome Authoritie and sanctitie yea the holy Ghost for directour may erre who cannot erre And after such Authoritie reiected whome shall we finde of greater Authoritie for interpreting Scripture deciding controuersies clearing doubts and difficulties and enacting holsome lawes Mat. 18. Christs bids vs holde him for no better then an Ethnike and Publican who will not heare the Church and where or when doth the Church more expreslie deliuer her mind or teach with more Authoritie or command with more right to be obeyed then in a Generall Councell â—â—au 14. 16. And if in any place or coÌ„munitie the holie Ghost presideth as certes Christ promised his Holy spirit to his Church and the Apostles and their Successours no doubt in a Generall Councell he teacheth all veritie Act. 15. Hence it is that S. PETER and the Councell holden at Hierusalem sayth Visum est spiritui sancto nobis 1. Tim. 3. It hath seemed good to the Holie Ghost and vs. And if the Church be euer the Pillar of truth it is in a Generall Councell If euer Christ fulfilleth his promise to be there where two or three are gathered together in his name Athan. in epist de Synodie Arim. Seleue. he fulfilleth it in a Generall Councell Wherefore ATHANASIVS calleth the decree of the Councell of NICE Sententiam Apostolicam An Apostolicall sentence and in another place he marueiles how any dare make any doubte Epist ad Epict. Ambros li. 5. epist 32. Aug. ep 162. 118. or moue any question concerning any matters decided in that Councell S. AMBROSE did giue such credit to it that he sayd neither death nor sword should separate him from that Authoritie S. AVGVSTINE calleth the sentence of a Generall Councell the last sentence from which is no appeale and saith that the Authoritie of Councels in the Church is saluberrima most holesome Ciril in dial 1. S. CIRILL of Alexandria calles a Generall Councell Basim immobile fundameÌ„tum Gregor epist 28. A ground and immoueable foundation S. GREGORIE the Great honoured the foure first Generall Councels to which the Councell of Trent is equall in Authoritie coÌ„sisting of as lawfull Bishops as the foure Ghospelles to wit for their infallibilitie This I thought good to premise because Widdrington and others seeme not to giue that respect to Councels as the Authoritie of them requireth Let vs now see what the Councels say of this matter in hand and then let me see the face that dareth face out so great Authoritie 2. And first let vs see what the Generall CouÌ„cell of LateraÌ„ held in the yeare of our Lord 1215. vnder INNOCENTIVS the third determineth in this matter Surius praefat in hoc Conc. Platina in Innocentie 3. No man sayth Laurentius Surius in his Preface to this Councell can doubt of the Authoritie and generalitie of this Councell because in it were handled matters of ReligioÌ„ determined
morall It must needs followe that the spirituall power excelleth the temporall as much as the obiects endes and actes of that doe surpasse this 7. Fourthlie that power is greater to which euen the Princes them selues are subiect then that to which the subiects and people onlie are subiect not the Prince for though the Prince be subiect to his owne sawes quoad vim directiuam yet not quoad vim â—perciuam but the Prince is subiect to the spirituall powet of the Church as much as â—he lowest and meanest of his subiects ergo â—he spirituall power of the Church is more â—minent then the Temporall power of the Prince or Common VVealth The Maior â—roposition is euident The Minor I shall â—rooue in the next Chapter wherfore the â—onclusion must needs followe 8. Hitherto I haue prooued that the spiâ—ituall and Ecclesiasticall power is more â—minent and noble then the Temporall â—nd consequentlie that the spirituall is â—igher in dignitie but whether it can comâ—and correct curb or restraine the temâ—orall I haue not as yet either prooued or declared for many things are more highe in dignitie then others which yet haue no authoritie to command or punnish As for example the Protestants of this time will not lett to graunt that the Pope is the highest Patriarch in dignitie yet they say he can not command out of his particular Diocese of Rome and all Diuines graunt that the power of the Church is more noble then any power of Princes or Emperours that being spirituall and supernaturall this onely temporall and yet they say that they that are not baptized be they Princes or subiects are not subiect vnto it so as the Church can command or punnish them spirituallie And the King of France is more eminent in dignitie then any of the noblest subiects of England or Spaine and yet hath no authoritie to command or punnish them for faultes committed out of his Realme Wherfore it resteth that I prooue that the Church by her spirituall and Ecclesiasticall power can command all Christians euen Heretickes that are baptized And this besides what hath been saied in the former Chapter to the proofe thereof I shall briefely yet cleerely shew by these ensewing arguments 9. For first the Ecclesiasticall superiours are true Pastours of the Church ergo they can not only direct but command and correct at least by spirituall paines and chastisements The Antecedent I prooue out of scripture Pasce oues meas Feede my sheepe Ioan. 21. saied Christ to S. Peter and his successours and all Pastours in their kinde Ad Eph. 4. Christ saieth S. Paul gaue to his Church some Apostles some Prophetes and other some Enangelists and other some Pastours and Doctours Act. 20. And the same Apostle speaking to Pastours sayth Attendite vobis c. Attend to your selues and your whole flocke To which purpose also S. Peter addeth saying 1. Pet. 5. Pascite qui in nobis est gregem Dei Feede the flocke of God which is in you The consequence I prooue because to a Pastour it belongeth not onlie to feede by Sacramentes and the word of God but also to rule to gouerne and correct and consequentlie the Pastours of the Church can make lawes which bynd all Christians their subiectes in conscience and they can correct and punnish â—he delinquents at least by spirituall chastisements of Excommunication and other Censures 10. Mat. 18. Secondlie Christ gaue power by his Apostles and successours to bynde and loose which argueth Iursdiction 11. Thirdlie the Apostles and their succesâ—ours haue vsed this Authoritie ouer Chriâ—tians Act. 15. 1. Cor. 5. Tit. 1. 1. Cor. 7. 2. Cor. 10 for they enacted lawes in their first Councell Saint Paul excommunicated the â—ncestuous Corinthian They appointed Bishops and Priests to gouerne particuler Churches Saint Paule distinguisheth his â—wne power of making lawes from Christs And hee saith Arma militiae nostrae non carnalia sunt sed potentia Deo ad destructionem munitionum c. The weapons of our VVarfare are not carnal but mightie to God vnto the destruction of munitions destroying Counsels and all loftinesse extolling it selfe against the Knowledge of God c. and hauing in a readinesse to reuenge all disobedience c. 12. Fiftlie I proue it by a Theological Argument By Baptisme Christians are made true members of the Mysticall bodie of Christs Church no lesse then subiects are of the Kingdome or Politicall bodie D. Tho. 3. p q. 63. art 6 q. 68. a. 1. q. 69. a. 4 5. yea more because they are incorporated to the Church by a reall supernaturall and indelible Caracter But all members are so subiect to the head that the head by Authoritie may command correct and punish them if they transgresse ergo the Pastours of the Church and especiallie the chiefe Pastour hath Iurisdiction ouer all those that are baptized be they true Christians or Heretickes or Apostataes This I confirme by this congruence Euerie one is bound to the lawes of the Realme in which he was borne by reason that his natiuitie in that place maketh him a true member of that Kingdome as our Soueraine Liege himselfe well obserueth In praef monitor pag. 12. And seing that Baptisme is a regeneration and newe natiuitie by which we are borne in the Church for euen the Children of Heretickes though they be baptized by Heretickes if they be trulie baptized are borne in the Churche it followeth that all that are baptized are bound to obey the Church and chiefe Pastour of the Church to obserue her lawes and may be punished by the Church if they transgresse the same else the Church which is the most eminent state and Common wealth should be inferiour vnto the lowest and meanest Politicall common wealth that is for there is no lawfull common wealth but it can make lawes and punish the transgressours 13. Sixtlie the Church is an absolute Common VVealth and consequentlie hath Authoritie to make lawes to appoint spirituall Magistrates to call Councels and to decide controuersies to correct and punish Heretickes and Blasphemers and all sinne which are properlie opposite to her gouernment and Ecclesiasticall peace but this supposeth a legislatiue an commanding and not only a directiue but also a coerciue power ergo the Church and especiallie her chiefe Pastour Christs Vicaire hath such Authoritie l. 2. ff de Iurisd omnium Iud. cap. Praeterea de officio delegati This Argument I confirme thus The Ciuill lawe telleth vs Cui iurifdictio data est ea quoque concessa esse videntur sine quibus iurisdictio explicari non potuit To whom iurisdiction is graunted those things also seeme to be graunted without which the iurisdiction could not be explicated And againe Ex eo quod causa alicui committitur super omnibus quae ad causam ipsam spectare noscuntur plenariam recipit Potestatem In that a cause is committed to any he receiueth full power ouer all things which are known to pertaine
to the cause But the Pastours of the Church as is manifest out of the alleaged places of scripture haue Authoritie to gouerne and rule the Church and all the members and subiects thereof ergo they haue authoritie to do all those thinges which are necessarily belonging therevnto but they should not haue all power belonging therevnto vnlesse they haue a Power Legislatiue and not onlie directiue but also coerciue at least by spirituall paines ouer Christians and the lay power and temporall Iurisdictions ergo their spirituall power is not onlie aboue the temporall in dignitie but also in authoritie and power of commanding else they had not sufficient power to gouerne the Church which is committed vnto them 14. But because this veritie will appeare more by that which I shall alleage in the next Chapter to prooue that the Pastours of the Church haue spirituall authoritie ouer Kinges and Emperours I will here make an end desiring all wordlinges and Politikes who so inculcare obedience to Princes and secular power not to forgett their dutie and obedience to the Church and her Pastours who haue Authoritie as well as princes and greater then theirs and to thinke also with them selues that he that will not obey the Church Mat. 18. is to be held as an Ethnike and publican and that Deut. 17 if he that stubbornlie refused to obey the Highe priest in the olde lawe was to die for such disobedience what punishment remaineth for them who contemne Church and Pope which yet are in dignitie and power as farre aboue the synagogue and her priests and Bishops as the veritie surpasseth the figure the bodie the shadow the guift the promise Christ Moyses Christes preisthood that of Aaron Christes facrifice and Sacramentes those of the Iewes and synagogue CHAPTER V. Ecclesiasticall and Temporall peeres and princes are compared together and out of the Comparison is gathered that not only priuate laymen but euen temporall princes though otherwise absolute are subiect to the pastours of the Church and especially to the supreame visible pastour as is prooued by many arguments 1. I intend not by this comparison to detract the least from Kings and Princes Naziāz orat 17. ad ciues timore perculsos Psal 81. for I acknowledge their Authoritie to be of God them selues the Images and sonnes of God according to that Ego dixi Dij estis filij excelsi omnes I saied you are Godds and the sonnes of the highest all I will not let to giue them in a good sence those high titles with which the Romanes and Grecians stiled them who called them Filios Deorum Deos terrae Ioues mundi The sonnes of Goddes Goddes of the earth and Iupiters of the world for as God is the supreame Monarch of the world so are they of their Kingdomes in the gouernment wherof they imitate the Monarchicall gouernment of the world I graunt that a King in respect of the laitye is as the eye and head in the bodie as she sunne amongst the planets as the Cedar amongst Trees as gould amongst metalles as fier amongst the Elements as the sea amongst waters I will willinglie acknowledge him the second person after God and onlie lesser then God in temporall Authoritie Tertul. l. aduersus Scap. c. 2. 2. But yet it is not one of Kings least honours to acknowledge thē selues sonnes of the Church Ambros orat in Auxentium as S. AMBROSE tould Valentinian the Euiperour And therfore as Priests are content to giue to the King and Prince that honour which is due vnto them so Princes must not disdaine to giue to Priess their due respect and right Princes I graunt are called Gods by participation and the anointed of God so are Priests and in this kinde greater Gods then they because they approche nearer vnto the true God and only God by essence who therfore is called Deus Deorum Psal 49. 135. God of Goddes and their consecration and anoynting being a Sacrament is farre holier then that of Kings for which cause CONSTANTIN called the Bishopes of NICE his Gods Ruf. l. 1. Cap. 2. and would not be Iudge of them to whose iudgement he was to stand and as Princes are Kinges so are Priests and by so much greater Kinges then they by how much it is more to be a Kinge of soules then bodies wherfore the scriptures alleaged in the former Chapter which giue to the spirituall power a superioritie and authoritie ouer the temporall do prooue also that Bishops and especiallig the High and chiefe Pastour are euen Kings Pastours Ioan. 21 and superiours For when Christ bad PETER feede his sheepe he made him Pastour ouer all Christians and so the King if he wil be a sheepe of Christ must be a sheepe of PETER and consequentlie of the Pope his successour Mat. 18. and must acknouwledge him his Pastour And When Christ saied Dic Ecclesiae c. Tell the Church and if he will not beare the Church let him be vnto thee is an Ethnick and Publican Did he exempt Princes from the Churches Tribunal And when he saied What soeuer you shal binde vpon earth Mat. vlt. shal be bound in heauen were Princes excepted No no. If Princes will be members of the Church they must be subiect to the visible Head therof If they will be sheepe of Christ they must acknowledge PETER and the Pope his successour for their Pastour 3. Neither can their temporall soueraintie exempt them for that only maketh them so absolute that they are subiect to no temporall power yet remaine they notwithstandinge subiect to the spirituall power of the Church and as subiect as the lowest Christian and haue no more commaund ouer the Church then the meanest of the people True it is that they are defendours or ought so to be and Protectours of the Church Pastours and superiours they are not but sheepe and inferiours And therfore after that the Prophet Esaye had saied Erunt Reges nutritij tui c. Esai 49. Kinges shall be thy nourcing Fathers to shewe that this importeth no superioritie ouer the Church he addeth VVith countenance cast downe toward the ground they shall adore thee the Churche and they shall licke vp the dust of thy feete 4. And this I proue first by reason grounded in faith and Diuinitie For the King by Baptisme is made as trulie a member of the Church as the meanest Christian and is incorporated as deepelie by the Caracter of Baptisme as any hee is regenerated and borne againe as much as any else he should not be so good a Christian as others And seing that by this incorporation and natiuitie as is before declared the Pastours especiallie the chief Pastour who is Head of this bodie hath power ouer all Christians it followeth that he hath also power ouer Kinges and so as the King can punnish rebelles Malefactours cast them out of the Realme by banishement so may the Chiefe Pastour punnish a rebellious King
also with great consent both of the Latin and Greeke Church and in it were present the Patriatches of Constant inopole and Hierusalem in their proper persons the Patriatches of Alexandria and Antioche by their Legates Archbishops Latin and Greeke 70. Bishops 412. Abbots and Priours aboue 800. the totall number of all the Prelares were at least 1215. The Legates also of the Greeke and Romane Emperours of the Kinges of Hierusalem France Spaine England and other Princes were present with the rest This Councell then called the Great for the number of Prelates in the Third Chapter after excommunication pronounced against Hereticks admonisheth secular powers and commandeth them to purge their countries from Heretikes and to promise the same by oath then the Councell addeth Si verò Dominus temporalis c. Council Later sub Innoc 111. cap. 3. But if the Temporall Lord being required and admonished by the Church shall neglect to purge his land or Territorie from hereticall lewdnesse let him be excommunicated by the Metropolitane and the rest of his Comprouinciall Bishops And if he contemne to satisfie within a yeare let this his contempt be signified to the Chiefe Bishop the Pope that from that tyme he the Pope may denounce his vasalles freed from all fidelitie vnto him and may expose his land to be possessed by Catholiks who heretickes being exterminated may possesse it without any contradiction and conserue it in puritie of faith without preiudice to the Principall Lords so that he put no obstacle nor impediment the same law notwithstanding obserued concerning those who haue not Principall Lords This Councell I suppose to be of sufficient Authoritie for it was Generall and in number of Prelates and Bishops surpassed the first Councell of NICE by many It was of as great Authoritie as any Councell can be because the Authoritie to make lawes and to decide controuersies dependeth not of the sanctitie but only of the lawfulnes of the Pastours and seing that these Pastours could say as much for their ordination and vocation as the Fathers of the Councell of NICE could it must needs follow that this Councell as are also all lawfull Generall Councels was of as great Authoritie as was that of NICE which our Soueraigne Liege King IAMES admitteth with the other first three Generall Councels In prâ—f monit pag. 37. and consequentlie cannot reiect this which is of the same Authoritie To say that the Pope speaketh onlie of them who are subiect temporally to his Temporall Authoritie which he hath in Italie were ridiculous because the wordes are Generall and if they were restrained to Italie the decree could haue had little force To say that absolute Princes are not comprehended in this decree but onlie inferiour Princes who holde feudum Regale of them is absurd for a little before this alleaged decree the CouÌ„cell ordained that seculares potestates secular powers must take an oath to expell hereticks out of their countries which wordes secular powers agree to absolute Kings and Emperours else when S. PAVL commaunded that euerie soule be subiect to higher powers potestatibus sublimiâ—ribus Rom. 13. Kinges and Emperours must be excepted because they goe not vnder the name of Powers And immediatly after this admonition the Councell addeth the alleaged decree Si verò Dominus Temporalis c. But of the Temporall Lord c. Where she calleth the same Dominos Temporales Temporall Lords whom before she called Potestates saeculares Secular powers And are not Kings and Emperours Domini Temporales Temporall Lords yea and principallie and more properlie to be called so then those Princes that holde of others If Widdrington would denie this Title to our King he would be counted a Traytour And what can they alleage against those others so expresse wordes eâdem nihilominus lege seruatâ circa eos qui non habent dominos principales the same law not withstanding obserued concerning those who haue not principall Lords In which words euen Kinges and Emperours are comprehended for they especially haue no Temporall Lords 3. But let Widdrington vnderstand by secular powers and Temporall Lordes whome he will as certes he spendeth many wordes to shew that by Temporall and principall Lordes absolute Princes are not vnderstoode if the Pope coulde make a decree of deposition against inferiour Princes why not against supreame Princes they in that they are Christians being as subiect to the Church and her Chiefe Pastour as other Christians of inferiour degree Widdr. in discussione discussionâ—s Decreti Concil Lat. sec 5. a. n. 3. Widdrington answereth that the Pope and Generall Councell may make a decree of deposition against inferiour magistrates or Lotdes by consent and Authoritie giuen them by Soueraigne Princes but he can not make a decree of deposition against supreame Princes because they neuer consented neuer gaue him Authoritie against them selues Idem sec 5. nu 15. Hence Widdrington sayth also that all temporall mulctes and punishmentes which the Church decreeth shee decreeth by authoritie giuen her from Princes and that therfore in such penall lawes Christians may refuse to obey till they know that the Prince gaue the Pope and Councell such Authoritie yea that in these lawes they may appeale from Pope or Generall Councell to the Princes But as in other thinges Widdrington to holde vp the cause whose defence he hath vndertaken is forced to helpe him selfe with the worst opinions and to seeke authoritie from the obscurest Authours and these of the least credit So dealeth he in this for he is not ignorant that whatsoeuer some one or two Authours may say that all the current of Diuines mislike them in this and counte it straunge yea and absurde to say that all the penall lawes of the Church which prescribe Temporall mulctes related in the Canon law and in Councelles should haue theire force not from the Councelles and Pastours but from Kinges and Princes For although they confesse that Princes gaue to the Pope his Temporall Demaines and consequentlie Temporall and princelie Authoritie within the limites of the same yet in what meeting of Princes in what Councell did euer Princes conspire to giue the Pope Temporall Authoritie through out the whole Church And in the last Generall Councell of Trent in which diuerse Temporall penalties are decreed what mention is there of the Princes donation of Authoritie to the Councell Princes and Emperours by them selues or their Legates are present at the Councell to protect the Fathers to assist them for execution of theire lawes but that they euer gaue authoritie to the Councell to enact any Temporall law or that the Fathers of the Councell and the Chiefe Pastour of the Church demaunded licence and Authoritie of the Emperour or Princes to make such lawes who euer read who euer heard And why could not the Princes why would not they them selues enact such lawes in their owne name as sometimes they haue don against Heretickes that being a thinge more honourable for them and
affirme that in case of intolerable tyrannie against the Church the Pope may depose them But rather as they are content so to beare rule ouer their subiects as they will permitt God to beare rule ouer them so they should also be content to subiect them selues their Kingdomes Crownes and scepters to Christ and his Kingdome that raigning vnder him here for a time they may raigne with him hereafter for euer CHAPTER XV. An Explication of the late Oath of pretended Alleageance and of euery clause thereof deduced out of the former and some other grounds by which is prooued that it can neither be proposed nor taâ—en without grieuous offence of Almighty God 1. Vide Alphonsum de Castro V. IurameÌ„tum Gen. 21. Gen. 26. Gen. 31. Psal 17. Rom. 1.2 Cor 1. Philip. 1.1 Tim. 5 CAtholicks with common consent do confesse and hould against the Messalians Euchites Pelagians Waldenses Anabaptistes and Puritanes that it is lawfull in some cases to sweare as many of the greatest Sainctes haue done For ABRAHAM swore to Abimelech ISAAC to the same or another Abimelech IACOB to Laban MOYSES swore by Heauen and earth DAVID and others oftentimes vse this oath Viuit Deus as God liueth which is in effect to sweare by the life of God S. PAVL also did vse diuers oathes as Testis enim mihi est Deus for God is my witnesse and I call God to witnesse I testifie before God and such like Yea God him selfe knowing that we more easilie beleeue when a thing is sworne sweareth himselfe to winne credit at our hands Deut. 4. And in DEVTERONOMIE he commandeth vs to sweare saying Dominum Deum tuum timebis per nomen eius iurabis Thou shalt feare thy Lord God and shalt sweare by his name But as medicines are good yet not alwaies to be taken but onlie supposing a disease or sicknesse so oathes are not to be vsed but only supposing a necessitie as when we cannot otherwise be beleeued And therfore when there is no necessitie CHRIST sayth Mat. 5. Ego autem dicovobis non iurare omnino I say to you sweare not all to wit when there is no necessitie Iacob 1. And S. IAMES Nolite iur are quodcunque iur amentum Do not sweare any oath Deut. 6. But when there is necessitie God commandeth it Psal 62. as wee haue seene And Dauid commendeth it saying Laudabuntur omnes qui iurant in eo They all shall be praised who swearein him God Fot to sweare when necessitie vrgeth is an Acte of Religion and worship of God whome we acknowledge to be so true that he will not fauour a lye and of such a maiestie that none will dare to sweare by him vnlesse the thing be true which is the reason why oathes are easilie credited 2. D. Thom. 2.2 q. 89. art 3. But if we will haue our oathes free from all sinne we must ioyne to them these three companionsâ— or conditions Iudgement Veritie and Iustice according to that of HIEREMIE Hierem. 4 Iur obis in veritate in iudicio in iustitia Thou shalt sweare in Veritie Iudgement and Iustice. Iudgement is necessarie in the sweater Veritie in the thing he sweareth Iustice in the cause For want of Iudgement the oath is rash as when we sweare for euerie trifle for want of Veritie the oath is false and periurie as when we sweare a lye for want of Iustice it is vnlawfull as if one should sweare he would committ a sinne And if a man sweareth with out Iudgement he taketh Gods name in vaine if without Veritie he committeth periurie and makes God to patronize a lie if without Iustice he makes God a patron of sinne Wherfore he that would knowe whether the Oath which latelie is proposed to Catholickes be lawfull must marke whether it want not some one of these three companions or conditions to wit Iudgement Veritie and Iustice for if it want but one it is vnlawfull much more if it want all And because there may be difficultie as well about the proposer as the taker of this Oath let vs see first whether in the proposer may be found Iudgement Iustice and Veritie 3. As touching the first it may seeme not to be wanting in the Magistrate that proposeth and that for two reasons First because the Prince being of another religion then the Pope and knowing that Catholickes giue him power to depose Princes may seeme iustlie to feare least he will exercise this Authoritie vpon him Secondlie the late Gunpowder-plot may seeme to proceed from such an opinion and so the Magistrate to secure the Prince seemeth to haue reason to vrge the Catholicke subiects vnto such an Oath 4. But yet on the other side it seemeth most certaine that the Magistrate hath no iust cause to propose such an Oath consequentlie that in proposing it he obserueth not the first condition For first although the Magistrate may haue some cause to feare the Kings deposition supposing that he persecuteth the Catholicke faith and depriueth Catholicks of liuings libertie Rom. 13. and sometime life also yet as S. PAVL sayth Vis non timere potestatem bonum fac habebis laudem ex illa Dei enim Minister est tibi in bonum Si autem malum feceris time non enim sine causa gladium portat c. VVilt thou not feare the power do good and thou shalt haue praise of the same for he is Gods Minister vnto thee for good But if thou doe euill feare for he beareth not the sword without cause for he is Gods Minister a reuenger vnto wrath to him that doth euill So say I if Princes wil be free from all feare of the Popes power let them do good and they shall haue praise before God and men for the Pope is appointed Pastour vnto theÌ„ for their good But if they will do euill if they will persecute the Church her faith faithfull children then let them feare for he is Gods Minister hath the spirituall glaiue put into his hand to chastize correct all rebellious Christians And therefore as he that taketh a mans purse from him by violence hath no iust cause to compell him to sweare that he will not bewray him because he might and should haue abstayned from the iniurie and then an oath had not bene necessarie so the Prince or Magistrate hath no vrgent cause to propose this Oath to the Cath olicke subiectes because if he abstaine from persecutioÌ„ as he ought to do he needeth not feare the Popes power and so hath no sufficient cause to vrge his subiects by oath to abiure the Popes Authoritie that he in the meane while may persecute impunè 5. As for the Gunpowder plot it could not proceed from this opinion for it doth not follow that because the Pope caÌ„ depose the Prince therefore his subiects by priuate Authoritie may endeuour to kill him because the Pope is superiour the subiectes are inferiours he
THE RIGHT AND IVRISDICTION OF THE PRELATE and the PRINCE OR A TREATISE OF ECCLESIASTICALL and REGALL authoritie COMPYLED BY I. E. STVDENT IN DIVINITIE for the ful Instruction and appeacemēt of the consciences of English Catholikes cōcerning the late Oath of pretended Allegance Togeather with a cleare Ample declaratiō of euery clause thereof newlie reuewed and augmented by the Authoure Reddite ergo omnibus debita cui tributum tributum cui vectigal vectigal cui timorem timorem cui honorem honorem Rom. 13. Render therefore to all men their due to whom Tribute Tribute to whom Custome Custome to whom Feare Feare to whom Honour Honour Imprinted With licence of Superiours ANNO DOM. 1621. THE EPISTLE DEDICATORIE To the most renovvned and constant English CATHOLIKES THIS LIFE OF OVRS Right Honourable Worshipful and worthie Catholikes is à Rase and course in which we are to runne for the winning of a goale 1. Cor. 9. It is a Wrastling for a garland of eternall glorie 1. Cor. 9. It is a Warfare in which we are to fight against three mightie knowne and professed enemies for no lesse then a Kingdome of Heauen Our life as IOB saieth cap. 7. is Militia super terram A warfare in which we stand alwaies vpon our guarde alwaies in our armour alwayes with weapon in hand but it is a warfare on earth for in heauen it is a peace a labour here a rest there a sowing in teares here a reaping in ioy there a storme here a calme there a troublesome sea here a quiet hauen there a battaile here a triumph there and there fore the Church is called militant here triumphant there Wherefore as the husbandman laboureth in the field resteth onely at home The wayfaring man trauelleth in his ware takes his ease onely in his Inne The Romanes tryumphed not in the same place in which they waged warre but made warre in forraine Countries for Townes Prouinces and Kingdomes and tryūphed onely in Rome So we must not looke for ease peace triumphes and garlandes in this life but here we must prepare our selues to skirmishes encounters combats and battailes and in Heauen onely expect our Triumph The children of Israel got not the land of promise but by the dynt of the sword by many encounters and bloudie battailes neither shall wee obtaine heauen vnlesse we fight for it Regnum coelorum vim patitur violenti rapiunt illud Mat. 11. The Kingdome of heauen suffereth violence and the violent beare it away If we will winne this Cittie wee must lay siege vnto it by watching and praying If we will enter it we must make a breach by the batterie of good workes If we will take quiet possession of it we must make vvarre for it 2. So that the Church militant is an armie and an armie alwaies raunged in battaile array Terribilis vt Castrorum acies ordinata Cant. 6 Terrible as the armie of a Campe set in array In which you shal see nothing but choros castrorum Cant. 7. Companies of Campes In which armie the King is Christ his General is his chiefe Vicaire His Coronelles are Patriarches Bishops and other Prelates His Captaines and inferiour Commaunders are inferiour Priests and Pastours His souldiers are the rest of Christian troupes and Companies To the furnishing of this Armie all the Sacraments of the new law are instituted and ordained Matrimonie peopleth this armie and furnisheth it with men Baptisme presseth and enrolleth them Confirmation armeth them and giueth them their militarie Marke and liuerie The Sacred Eucharist vittaileth the Campe and furnisheth it with munition bread The Sacrament of Order createth Coronelles Captaines and such as are to commaund The Sacrament of Penance healeth and cureth the souldiers who in this warre are wounded and euen reuiueth them who are slaine and killed Extreame vnction riddeth them euen of the reliques of the woundes and diseases And so all Christians are pressed to the warre and ordained to fight the whole Church is a raunged Armie and euery Christian ought to singe that songe which DAVID sunge against GOLIATH Benedictus Dominus Deus meus qui docet manus meas ad praelium digitos meos ad bellum Psal 42. Blessed be our Lord my God who teacheth my handes to battaile and my fingers to warre 3. In this Armie you ô valiant and constant Catholikes are placed as in the most dangerous so in the most honourable rancke and place For as the Generall placeth there his most expert and hardie souldiers where the enemies Canon playeth oftenest the darts and arrowes flye thickest the pikes are planted like a wood most terriblie so our King CHRIST IESVS vnder whose banner and colours you fight knowing your vndaunted courage to be such that absit verbo inuidia you are the most valiant souldiers of the present Church militant he hath placed you against a wood of Pikes against a shower of Bullets and Pellets against the most furious assault that the common enemie giueth to the Christian Armie and Church militant of Christ 4. For whereas Christians amongst the Turks can buy their libertie of Conscience for money you by no tribute can purchase such a fauour And whereas in Holland and other countries the Magistrate layeth handes on Priests and Catholikes only when he findeth them at Masse or diuine seruice you are searched for more diligently then theeues murderers and publike harlots and are apprehended euen in the streetes and fieldes And although in Fraunce and the Low Countries Catholikes haue heretofore endured intollerable pillages cruell deathes and torments yet that furie lasted onely a while whilest the furie of heresie raged in her hoate beginning but against you the like furie hath long continued That cruelty was practised onely by way of tumult but against you the like sharpnes hath bin vsed vnder the colour of law shew of iustice So that no Nation no people Christian endureth at this day for Christ his Church and her Pastours authoritie that which you haue endured for these many yeares without interruption And whereas the more raging the Tempest is the sooner it is appeased the more furious bloudie the battaile is the sooner it is ended you haue this long time suffered a violent and furious persecution and yet you see no ende of this furie yea no hope of an ende by humane meanes oulde statutes being still renewed new enacted So that you are placed in that place of Christs Armie which is exposed to the greatest furie of the Enemie yea you are set as a Butt or marke against which the enemies of Gods Church are permitted to discharge all their Artillarie and to emptie the quiuers of all the pearsing arrowes of afflictions against you and fo you may say as IOB did Iob. 16. Posuit me quasi signum He bath set me to him selue as it were a marck to shoote at And seeing that he bath bene so long a spectator of these shottes and furious assaultes it seemech he taketh delight 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. SuÌ„ma de Eccl c. 35. CoÌ„c 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 â—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 â—â—e that the wordes of the Iudges within thy gate do â—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
indifferent and not otherwise forbidden Fiftlie Mat. 18. Christ gaue authoritie to his Apostles to loose and bynd by excommunications suspensions and interdicts which actes of Iurisdiction are the spirituall bands and Censures which the Church layeth vpon rebellious Christians as Diuines and Fathers interprete Which power Saint Paul in his second Epistle to the Corinthians insinuateth saying If I come againe I will not spare and againe These things I write absent that being present I may not deale hardlie according to the power which our Lord hath giuen me vnto edification and not vnto destruction 1. Cor. 4. 1. Cor. 5. D. Th. in hac loca Gregor Nyssâ—in orat aduersus eos qui agre ferunt reprehens Chrysost hom 60â— ad pop Ant. Hieron ep 53. And in his first Epistle he sayth VVhat will you in rodde that I come to you or in charitie and the spirit of mildnesse And againe he in absence by his letters and mandatum excommunicateth the incestuous person and deliuereth him vp to Satan Out of which wordes Saint Gregorie of Nisse and Saint Chrysostome do gather the power of Excommunication As also doth Saint Hierom who marueileth that the Bishop in whose Diocese Vigilantius liued did not Virga ferrea confringere vas inutile tradere in interitum carnis vt spiritus saluus fiat With an iron rodde breake that vnprofitable vessel and deliuer him to Satan for the destruction of the flesh that the spirit may be saued So S. AVGVSTIN Aug l 1. de pen. cap. 14. so all Fathers so Caluin him selfe vnderstand this place of the power of Excommunication though Caluin will haue onlie the Presbyterie and companie of Seniours not any one alone to excoÌ„municate contrarie to the expresse text which telleth vs that Saint Paul alone absent did excommunicate and deliuer vp to Satan VVhere is to be noted that by excommunication stubbern Christians are saied to be deliuered vp to Satan either because they are cast out of the Church where Satan domineereth or else for that they are depriued of the suffrages and helpes of the Church and so more exposed to Satans tentations or lastely because in the Primatiue Church the Deuil by and by seazed and tooke poslession of the person excommunicated 10. Sixtlie as because the law of Nature could not determine particulerly of all particulers Ciuill power was necessarie to gouerne the Communitie and enact lawes conducing to the Temporall state so because God his law hath not determined all particulers it was necessarie the Church should haue power to call Councelles tomake patticuler lawes according to the times and other circumstances 11. Seuenthlie euerie absolute Common wealth hath power in the Prince and Magistrates to gouerne and defend it self to make lawes to punishe Malefactours c. But the Church is an absolute Common wealth and more absolute then a Kingdome this being subordinate to that not that to this ergo it was to haue all spirituall Authoritie necessarie to gouerne and defend it selfe else Christ had not sufficientlie prouided for it 12. Fightlie we are bound to obey Princes lawes and Authoritie in conscience ergo much more the Churches Authoritie and law this being spirituall that but temporall this being the subordinant that the subordinat power as wee shall see herafter And therfore if the Apostle will haue euerie soule to be subiect to Authoritie and higher powers Rom. 13 he will especiallie that they be subiect if they be members of the Church vnto her spirituall power for as SYMMACHVS Pope sayd once to the Emperour ANASTASIVS Si omnis potestas à Deo est Ep. ad Anastaf Imp. magis ergo quae rebus praestituta est diuinis defer Deo in nobis nos deferemus Deo in te If all power be of God much more therfore that power which gouerneth diuine matters Honour thou God ô Emperour in vs and we will honour him in thee CHAPTER IIII. These two Iurisdictions and powers Ecclesiasticall and Ciuill are compared and conferred and the preeminence is giuen to the Ecclesiasticall 1. AS the little world Man called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can not consist without bodie and soule nor the great world without the Sunne and Moone so neither can the spirituall world of the Church flourish any time vnlesse it be supported as by two Pillars by the spirituall and Temporall power and Authoritie But as if the Moone should or could contend with the sunne and would or could disdaine to receaue light from the sunne or would or could encroach vpon the sunnes right in the gouernmet of the day all would be out of order so if one of these powers should be at variance with the other and would not receaue light and direction by the more lightsome or would encroach preposterouslie on the others demaines the Church could not long flourish And as if the body should rebell against the soule the flesh against the spirit sensualitie against reason it would perturbe reasons order and breake the Oeconomie of Morall life so if one of these powers should offer iniurie to the other the Mysticall bodie of Christ his Church would be out of frame Wherfore seeing that Christ the Wisdome of God is the Authout of both he no doubt hath disposed them sweetlie Sap. 7. and consequentlie hath setled some order betwixt them because Quae à Deo sunt Rom. 13. ordinata sunt Those thinges that are of God are ordered And for as much as Pluralitas principatuum non est bona Pluralitie of principalities is not good Arist l. 12. Metaph. cap. vlt. to wit Vnlesse one be subordinate to the other no doubt he hath subiected one of these to the other For which cause in this Chapter I will endeauour to shew which of these powers taketh the precedence which hath the preeminence and superioritie wherin and how farre 2. But because Comparisons betwixt so great Powers and Principalities and especiallie in these our corrupted times are odious I protest before hand that I entend not do detract any right or prerogatiue from either but onely to giue to Caesar and his temporall power what belongeth vnto them and to God and his Church Mat. 21. what appertaineth to them For I confesse and haue prooued that both these Authorities are of God both are excellent and eminent in their kinde both to be honoured both to be obeyed within their limites both so necessarie to the Church of God that it can no more stand without them then the world without Sunne and Moone For take away Temporall power and who shall defend the Church and assist her for the execution of her lawes and sentences Take away the spirituall power and who shall direct and correct the Temporall when it is exorbitant Take away the Temporall and who shall drawe the sworde Take away the spirituall and who shall preach the worde Take away the Temporall and who shall haue care of our corporall and temporall life Take away the spirituall and
who shall haue care of the spirituall and eternall life But let the one not encroache vpon the other let both helpe one another and both are stronger as was excellently obserued by NICHOLAS the Pope Nichol. epist ad Michael Imp. cap. Gum ad verum ventum est d. 96. Cum ad verum ventum est neque Imperator Iura Pontificatus arripuit nec Pontifex nomen Imperatoris vsurpauit quoniaem idem Mediator Dei hominum homo CHRISTVS IESVS sic propriis actibus dignitatibus distinctis officia Potestatis vtriusque difcreuit vt Christiani Imperatores pro aeternâ vitâ Pontificibus indigerent Pontifices pro cursu temporalium tantummodo rerum Imperialibus legibus vterentur VVhen it came to the vnderstanding of the truth neither the Emperour did take vnto him the rightes of Bishop-like authorotitie nor the Bishop did vsurp the name of the Emperour because the same Mediatour of God and men man Christ Iesus hath distinguished the offices of both powers by their proper actes and distinct dignities as that Christian Emperours for attaining eternall life should neede Bishops and Bishops should vse the Imperiall lawes for the cause only of temporall thinges 3. But as both are necessarie so both are not equall but the one inferiour to the other the one subordinate to the other else the one would be an hindraÌ„ce to the other and both would cause confusion And certes if we will not preferre the bodie before the soule heauen before earth temporall before eternall life VVe must preferre the spirituall and Ecclesiastieall power before the Temporall and consequentlie the Church before the Common VVealth 4. These two powers and the preemineÌ„ce of the spirituall before the Temporall were prefigured as Turrecremata hath well remarked by the two brazen Pillars in the Porch of Salomons Temple The Porch was a figure of the Church Militant Turrecr lib. 4. cap. 87. 3. Reg. 7. the Inner Temple of the Church Triumphant because as by the Porch the Iewes entred into the Temple so by the Church Militant and by no other way Christians haue entrance into the Church Triumphant The two brazen Pillars that sustained the Porch signified the Power Temporall spirituall which support the Church Militant and the pillar on the right hand signified the spirituall power the Pillar on the left hand the Temporall power whence it is that that must take the precedence of this and this must be subordinate to that 5. And truly that the spirituall and Ecclesiasticall power is superiour to the Temporall and more eminent then it I prooue First by those thinges by which I haue prooued them in the former Chapter to be distinct For the end and finall cause of the temporall power is temporall and naturall to witt temporall peace the end of the spirituall Authoritie is eternall and supernaturall peace the immediat cause efficient of the Temporall is the people the immediat cause of the spirituall is God The matters in which the temporall power is occupied are temporall the affaires which the spirituall gouerneth are Ecclesiasticall and spirituall the functions of the temporall are all temporall the functions of the spirituall power are all spirituall and supernaturall as absoluing from sinnes ministring Sacraments offering of sacrifices enacting lawes for the soules health excommunicating absoluing c. The temporall ruleth especially the bodies the spirituall the soules that ruleth the Kingdome or Common Wealth this the Church To the King the Keyes of Cities are offered to the Priest and Pastour the Keyes of heauen He remitteth temporall Mulctes and paynes no sinnes at all The Priest and Pastour remitteth sinnes and absolueth from all paynes He can cast out of his Kingdome by banishement the Pastour out of the Church by Excommunication And therfore looke how farre eternall felicitie excelleth temporall God the People supernaturall and diuine thinges naturall and humane spirituall functions temporall soules bodies the Church the Common VVealth the Keyes of heauen the Keyes of cities sinnes ciuill penalties eternall temporall punishment excommunication banishement so farre the Ecclesiasticall and spirituall excelleth the Ciuill and Temporall Authoritie By this Argument S. CHRYSOSTOM as alwaies very excellentlie proueth the Priests to be greater then the King Chrysost homil 4. de verbis Isaiae tom 5. Mane intra tuos terminos ô Rex alij sunt termini Regni alij sacerdotij hoc Regnum illo maius est Rex ea quae sunt in terris sortitus est administranda caeterùm ius sacerdotij è supernis descendit Regi corpora commissa sunt sacerdoti animae Maior hic Principatus propterea Rex caput submittit manui sacerdotis vbique in scripturâ sacordotes inungebant Reges Remaine within thy boundes O King others are the limites of the Kingdome others of Priesthood this Kingdome is greater then that The King hath the administration of the things of the earth but the right of Priesthood defcendeth from aboue To the King bodies are coÌ„mitted to the Priest soules greater is this principalitie and therfore the King inclineth his head to the hand of the Priest and euerie where â—n Scripture Priests did anoint Kings Secondlie there is no Christian can denie but that since God hath ordained vs to a supernaturall end to witt the cleate vision and fruition of him selfe as all Scripture witnesseth that he hath all our goods also and states are ordained to the same end and are not well vsed but rather abused when they are vsed to serue our pleasures contrarie to that end whence followeth that all temporall thinges since the former Institution and ordination of God are Media meanes in respect not only of out supernaturall end but also of supernaturall meanes as Sacraments Grace and supernaturall functions which are more proportionate and more neere meanes to that end and consequentlie temporall power which ordaineth of these meanes is subiect to spirituall power which principally considereth the supernaturall meanes and end For as the art of ryding is more noble Arist li. 1. Eth. c. 1. then the art of making bridles as Aristotle to a like purpose reasoneth because this is ordained to that so the spirituall power which disposeth of supernaturall thinges is nobler then the Temporall this being ordained to that and the end being more noble then the meanes 6. Thirdlie Philosophers affirme that all habites and faculties are specified and dignified by their actes obiectes and endes and so Morall Philosophie which hath vertue and manners the health of the soule for its obiect is more noble then the art of Phisicke which teacheth only to cure the diseases of the bodie and to restore corporall health Seeing therefore that the obiects of spirituall power are supernaturall and heauenlie the obiects of Temporall power are naturall and earthlie the end also of spirituall power is eternall beatitude the end of temporall power temporall felicitie the actes also and functions of that power spirituall and supernaturall the actes of this naturall and
especially by spirituall censures and may cast him out of the Church by excommunication else the Church were inferiour to all politicall bodies yea to a naturall bodie which hath authoritie for its owne preseruation to cutt of a rotten member least it infect the whole and to expell by purgation a malignant humour Neither is there any reason why in this point we should put any difference betwixt the King and another of his owne subiects For althoughe he be superiour in temporall matters to all his subiectes and is to be obeyed of thē yet is he subiect in spirituall matters to the Churches Pastours as much as his meanest subiect 5. And so it is not in the free choise of a Christian though baptized amongst Hereticks when he comes to yeares of discreation as ERASMVS and LVDOVICVS VIVES do absurdly holde to obserue Erasmus paraph. in Mat Ludouic Viues in com l. 1. de ciu Dei cap. 27. or not obserue the Christian law because he is bound to keepe the promise which the Church and his Godfathers made in his name no lesse then Pupills are bound to stand to that which their Tutours haue done in their name and for their profitt and goe he where he will be he of what religion he will he carrieth an indelible Caracter imprinted by Baptisme in hi◠soules by which the Church hath authoritie ouer him as ouer a member de iure debito and can commaund him to obserue the Christian law as also punish him if he disobey though he were an Emperour at least by spirituall punishment 6. Secondlie two Princes independent in one communitie would make a confusion vnlesse the one were subiect to the other and to be directed by the other Wherfore Aristotle as aboue I haue alledged saieth that Pluralitas Principatuum nō est bona Arict l. 12. Met. cap. vlt. Pluralitie of Principalities is not good to witt in one communitie and vnlesse one of them be subiect for the one might hinder the other the one might commaund one thinge the other cleane contrarie and so there would arise contention and confusion But the Church and common wealth of Christians is one bodie and Communitie at least materially if not formallie ergo these two Princes to wit the spirituall and temporali must haue some subordination But there is no reason that the Prince should direct and correct the Pastour he being the greater Prince hauing an higher power as it is aboue prooued ergo seing that both Pastour and Prince are of God and what is of God is rightlie ordayned Rom. 13. and with good order it followeth that the Chiefe Pastour must be superiour and must direct and correct the Prince as much as is necessarie to the Churches end and good 7 Thirdlie the chiefe Pastour and sometimes also inferiour Pastours as Bishops haue challenged to themselues as due Authoritie ouer Princes and haue excommunicated and layed spirituail punishements vpon them whome to condemne as vniust vsurpers they being so manie so wise so vpright and many of them holie Saints were meere madnesse ergo the Prince is subiect in spirituall matters yea and temporall matters also when they are necessarie for the Churches good and may be commaunded and punished at least spiritually if he refuse to obey he being in this case the Pastours subiect and inferiour 8. Eus l. 6. hist c. 25 alias 27. Nicephor l. 13. c. 34. Vide Baron an 407. Card. Alan Ausu 1. polibeller Cap. 2. So wee read that FABIAN Pope commaunded PHILIP the first Christian Emperour to take his place amongst the publick Penitentes so INNOCENTIVS the first excommunicated Arcadius the Emperour and Eudoxia the Empresse for persecuting S. Iohn Chrrsostome The excommunication beginneth thus Vox sanguinis fratris mei Iohannis clamat ad Deum contra te ô Imperator sicuti quondam Abel Iusti contra Cain is modis omnibus vindicabitur The voice of the bloud of my brother Iohn Chrysostome cryeth to God against thee as Abels bloud in tymes past did against Cain and it by all meanes shal be reuenged The sentence followeth in these words Zonaras tom 3. Annal. Itaque ego minimus peccator cui Thronus Magni Apostoli Petri creditus est segrego reijcio te illam à perceptione immaculatorum mysteriorum Christi Dei nostri Therfore I the least and a sinner to whom the throne of Greate Peeter is committed do segregate and reiect thee and her Eudoxia from participation of the immaculate mysteries of Christ our God Of which Pope S. HIEROME giueth this commendation S. Hieron epist 8. Illud te pio charitatis affectu praemonendum puto vt S. Innocentij qui Apostolicae Cathedrae supradicti viri Anastasij successor filius est teneas fidem nec peregrinain quantumuis tibi prudens callidaque videaris doctrinam recipias That I thouht out of charitie to admonish thee that thou holde the faith of S. Innocentius who is the successour and sonne of the sea Apostolicke and of Anastasius neither do thou recedue any strange doctrine seeme thou to thy selfe neuer so wise and wittie GREGORIE the second in a Councell at Rome Anno 726. Vide Baron an 729. excommunicated Leo the Emperour surnamed Isauricus and Iconomachus and tooke from him his Gabelles in Italie and the Prouince it selfe Greg. l. 3. ep 5. 10. l. 7. ep 14. Vide Baron an 1076. GREGORIE the seuenth commēded by all but onlie Schismatikes Heretickes for a Saint as he who wrought myracles as well liuing as dead excōmunicated HENRIE the fourth Emperour of that name for many enormities threatening moreouer excommunication to all Princes Kinges Emperours that should vsurpe Inuestitures as the same Emperour had done Also he interdicted the Kingdome of Polonia and excommunicated the King BOLESLAVS for killinge Stanisldus his Bishop at the Altar because like a good Pastour he had before controlled his lust and excommunicated him Platina in vita Innoc. 3◠ALEXANDER the third excommunicated Frederick the first and if Henrie the second King of England had not submitted him self he had excommunicated him also as he was sollicited thereunto by Lewis the King of France INNOCENTIVS the third excommunicated Otho the fourth Emperour of that name Cap. ad Apostolicae desēt re Iudic in 6. GREGORIE the ninth against Frederick the second IOHN the twentie two against Ludouicus Bauarus INNOCENT the third against King Iohn of England VRBAN the second against Philip the first of France and other Popes against other Princes haue sed the like seueritie Albert. Pighius l. de visib mon. cap. 17. Mat. Paris ann 1204. Baron an 1101. euen to these our daies and in all their Epistles to Kinges and Emperours they call them Sonnes and speake to them as to their sheepe and subiects 9. Yea not onlie Popes but euen Bishops haue the like Authoritie ouer Kinges and Emperours as the Archbishop of Toledo ouer the King of Spaine
The Archbishop of Canterburie ouer the King of England The Archbishop of Rhemes ouet the King of France Gregor Naziâz orat 17. ad Pop. timore perculsuÌ„ prino Iras Vide cap. suscipitisne dist 10. and other Bishops ouer other Kinges S. GREGORIE Nazianzen challenged authoritie ouer Valentinian the Emperour for in an Oration which he made to his Citizens stricken with Feare and to the angrie Prince and Emperour conuerting his speech to the Prefects and euen to the Emperour him self thus he speaketh An me liberè loquentem eqno animo feretis Nam vos quoque potestati meae meisque subsellijs lex Christi subijeit Imperium enim ipsi quoque gerimus addo etiam praestantius ac perfectius nisi verò aequum est spiritum carni fasces submittere caelestia terrenis cedere Sed non dubito quin hanc dicendi libertatem ô Impervtor in optimam partem accepturussis vâ—pote facrimeigregis ouis sacra Magnique Pastoris Alumna rectèque iam inde à primis annis à spiritu ducta instituta Sanctaeque Beatae Trinitatis lumine aequè ac nos ipsi illustrata Will you take in good part that which I shall speake freely For the law of Christ doth subiect you also vnto my power and Tribunals for wee also beare rule and hauc an Empirè and that more eminent and perfect vnlesse a man should thinke it fitt for the spirit to be subiect to the flesh and that things celestiall should yeeld to things that be terrene But I doubt nor ô Emperour but that thou wilt take in good part this my freedome of speech as being a holy sheepe of my holy flocke brought vp vnder the Great Pastour and so from tender yeares well guided and instructed by the spirit and illuminated by the light of the Holy and blessed Trinitie no lesse then wee our selues S. AMBROSE excommunicated Theodosius for a slaughter committed Theodoret lib. 5. hist cap. 18. and a ciuill law enacted at Thessalonica and would not admit him into the Church till he had done pennance and recalled the former law Ita demum sayeth Theodoret Diuw Ambrosius vinclis illnm exoluit templum introire sidelissimus Imperator ausus non stans neque genibus flexis supplicabat Domino sed pronus humi stratus So at length S. Ambrose absolued him from the bonds of his excommunication when as the most faithfull Emperour presuming to enter into the Church did not either standing or kneeling make his praiers vnto our Lord but lying prostrate vpon the ground And when the Emperour after he had bene at the Ossertorie would haue stayed in the Chancell S. Ambrose sent him worde by a Deacon that that was the place onlie for Priestes and those of the Clergie which comaundement also the Emperour obeyed so willinglie that when afterwards at Constantinople the Patriach Nectarius would haue had him stayed in the Chancell he answered Vix cum gemitu didici discrimen inter Imperatorem sacerdotem vix inueni Doctorem veritatis I haue scarcely learned with sorrow the difference betwixt the Emperour and the Priest I haue scarcelie fouÌ„d a Doctour of the truth 9. Fourthlie I prooue this not only by the factes of Popes but also by their definitions in which Popes are to be credited though in their owne cause because most if not all of them were so learned that they knew what belonged to their Authoritie and so iust and holy also that they would not vsurpe what belonged not vnto them ADRIAN Pope maketh this decree Cap. vlâ— Suorum capitulorum c. gencrali 25. q 1. Generali decreto statuimus vt execrandum Anathema veâ—uti praeuaricator Catholicae fidei semper apud Deum reus existat quicunque Regum vel Potentum deinceps Romanorum Pontificium decretorum censuram in quocunque crediderit vel permiserit violundam Wee ordaine by our Generall decree that he bee before God as an Anatheme and as a Preuaricatour whosoeuer of the Kinges or potentates shall thinke or permit to be violated in any thinge the censure of the Romane Bishops Cap. duo sunt dist 96. and decrees GELASIVS Pope hauing tould Anastasius how by two powers Ecclesiasticall and Temporall the world is gouerned and that the Priests burden is so much the greater in that they are to answer for Kinges comportement in the diuine iudgement he addeth Nosti itaque inter haec ex illorum te pendere iudicio non illos ad tuam redigi posse voluntatem Thou knowest therfore that thou dependest of their Iudgement and that they are not to be subiect to thy will And therfore saieth he many Popes haue excommunicated diuers Kinges and Emperours Pope IOHN also sayth Cap. si Imperator dist 96. Si imperator Catholicus est quod salua pace illius dixerimus filius est non Praesul Ecclesiae If the Emperour be a Catholike by his good leaue be it spoken he is a sonne not a Prelate of the Church And afterward he addeth Imperatores Christiani subdere debent executiones suas Ecclesiasticis Praesulibus non praeferre Christian Emperours must submitte their executions vnto Ecclesiasticall Prelates and not preferre Cap. solita de â—nior â—bed INNOCENTIVS the third saieth That as God in the beginning of the world created two great lightes the Sunne and Moone and appointed that to rule the daie this the night so in the firmament of the Churche he hath placed two great lightes to wit Regall and Ecclesiasticall power that to rule the night of Temporall thinges this the day of spirituall thinges And this sayth he is by so much greater then that by how much the SuÌ„ne surpasseth the Moone And againe in the same place he saith That CHRIST excepted no Christians when he commanded PETâ—R and in him his successours to feed his sheepe vt alienum à suâ— demonstraret ouili qui Petrum successores eius Magistros non recognosceret Pastores To shew that he is an alien from his flocke who doth not acknowledge PETER and his successoures to bee his Masters and Pastours 10. Fiftlie I proue it by the Authoritie of Fathers and Bishops that were no Popes Ambr. orat in Auxent quae extat lib 5. epist eius post epist 32. yet great Saintes S. AMBROSE speaketh in this point plainlie Soluimus quae sunt Caesaris Caesari quae sunt Dei Deo Tributum Caesaris est non negatur Ecclesia Dei est Caesari vtique non debet addici quia ius Caesaris esse non potest Dei templum Quod cum honorificentia Imperatoris nemo dictum potest negare Quid enim honorificentius quà m vt Imperator filius Ecclesiae esse dicatur Wee haue payed to Caesar what thinges belong to Caesar and to God what is appertaining to God Tribute belongeth to Caesar and is not denyed him The Church is Gods and therfore is not to be giuen to Caesar because the Church of God can not be Caesars right
appertained to military affaires And so from the first establishing of the law of Moyses the Temple and Synagogue was committed to the Tribe of LEVI the scepter and regall Authoritie was giuen to the Tribe of IVDA in like sort in the law of Grace when the Church came to her greatest perfection Christ appointed particularly Apostles Doctours Ephes 4. and Pastours to gouerne the Church and confirmed Princes in their temporall Authoritie commanding that obedience should be giuen to the Pastour in spirituall matters and to the Prince in temporall Mat. 22 Rom. 13 2. VVherfore least in giuing one of these Potentates too much Mat. 22 I may do iniutie to the other I must follow our Sauiours Commandement and so giue to Cesar that which belongeth to him that I take not from God and his Church what appertaineth to them And although in giuing both but their due I may perchance displease one yet if I may haue that indifferent audience which the grauitie and equitie of the cause requireth I hope to offend neither and how soeuet it happen I had rather displease then do wronge or iniurie And wheras in our Iland by the sway of Authoritie and terrour of lawes it hath bene made High Treason to denie the Prince Authoritie in matters Ecclesiasticall I protest that what I shall say in this matter proceedeth not from any disloyall minde towards my Princes true Authoritie nor from any itching desire I haue to lay open the disgrace of my Countrie which I would rather couer if it were possible with my owne life and bloud and to discharge my self from all iust imputation of Treason I desire to haue the leaue to plead this onlie for my defence that if this be Treason in mee not onlie all Catholick Priests Doctours and Prelates of the Church but also all the ancient subiectes not onlie of England but of all other Christian Countries must incurre the same imputation with me because there was neuer Christians before our English Protestants that gaue Ecclesiasticall power to Princes and there was neuer King of England or of any other Countrie what soeuer that euer was so hardie as to challenge such Authoritie before King HENRIE the Eight which his Challenge seemed so preposterous and monstrous that all the World stood and to this day standeth amazed at it and euen our Puritanes at home and all the new sectes abroade do abhorre and derest it And I in this Chapter shall bring such Argumentes against it that I hope that euen our English protestants who hitherto haue adored it wil be ashamed hence forth to submitt them selues to so monstrous Authoritie 3. My first Arguments shall be drawen from scriptures them selues For if the King had any such Authoritie then no doubt scripture which â—s aboue wee haue seene so often inculcateth Princes Authoritie in matters temporall would neuer haue kept silent this Ecclesiasticall power if they had had any such this being the greater and more eminent but scripture neuer giueth Princes this Authoritie neuer commandeth Christians to obey them in Ecclesiasticall matters but rather giueth that Authoritie to Apostles Bishops and Pastours and Commandeth obedience in this kinde to them not to Princes ergo Princes haue no Authoritie to command in Ecclesiasticall matters The Minor Proposition in which onlie consists the difficultie I proue out of those places of Scripture which aboue I haue alleaged and here will bring in againe yet to another purpose For to S. PETER no Temporall Prince but an Apostle and Pastour was promised the headship of the Church and consequently the soueraintie and supreame power of the Church Tues Petrus super hane Petram aedificabo Ecclesiam meam Mat. â—6 The Hebrew hathâ— Thou art a Rocke and vpon this Rocke will I build my Church And seing that to PETER it was sayd Thou art a Rocke to him also and not to CHRIST the Chiefe and independent Rocke nor to the faith of Christ as our Aduersaries would haue it it must needs be sayd and vpon this Rocke will I build my Church because the Relatiue This hath relation to him that was spoken of imediatly before which was only PETER not CHRIST nor the faith of CHRIST and therfore the Rocke and foundation of the Church and Head being all one it followeth that PETER and consequently the Pope his successour for the Church after PETERS tyme had as much neede or rather more of a Head and Pastour as in PETERS tyme and none euer practized Authoritie ouer all the Church but the Pope as all Councels and histories do witnesse is the supreme Head of the Church and so not euerie King no not any King in his Kingdome Apostles Prophetes Euangelists Pastours and Doctours onlie CHRIST gaue to gouerne his Church as S. PAVLE sayth not Princes Ephes 4. Mat. 18 To Apostles it was sayd VVhat soeuer you shall binde vpon earth shall be bound also in Heauen and what soe-euer you shall loose vpon earth shall be also loosed in heauen Ioan. 20 Neuer to Princes To Apostles it was said VVhose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained Neuer to Princes Of Bishops and Priests it was sayd Neb. 13. Obey your Prelates and be subiect to them for they watch as being to render account for your soules of Princes neuer rather they by these wordes are commanded also to obey Act. 20. To Bishops it was sayd Take heedâ— to your selues and the whole flocke wherein the Holie Ghost hath placed you Bishops to rule the Church which he hath purchased with his owne bloud to Princes neuer To a Bishop it was sayd Tit. 1. For this cause I left thee in CRETE that thou thouldst reforme the things that are wanting and thouldst order Priests by Cities as I also appointed thee To Princes neuer 4. I will not denie but that Princes are to assist the Church by sword scepter and Power and to punnish at the Churches direction not onlie Theefes and murderers but also Hereticks as CONSTANTINE and other Emperours did I graunt that they are nourcing Fathers Isay 49. but no Superiours to the Church And therfore if we read ouer both the old and new Testament we shall neuer finde that any King as King medled in the gouernment of Ecclesiasticall persons and matters 5. Bilson when he was VVardon of VVinchester wrote a booke called The True Difference betwixt Christian subiection and Vnchristian Rebellion in which he striueth but in vaine to prooue that the Prince hath supreme Authoritie in causes Ecclesiasticall and gouernment of the Church And to prooue this he citeth Nabuchodonosor Darius Par. 2. pag. 191 the King of Niniue Moyses Iosue Dauid Salomon Asa Iosaphat Ezechias Manasses Iosias and Nehemias as though they had gouerned the Ecclesiasticall affaires of the Synagogue In Tortura Torti pa. 363. So doth also D. ANDREWES But if I should graunt them that all these were by God appointed Rulers of
the Synagogue yet could it not thence be inferred that Princes are to gouerne the Church of Christ For first the Synagogue was more terrene and Lesse perfect then the Church and so as their sacrifices and Priests were terrene in respect of ours so God might haue giuen them terrene Princes for their chiefe Ecclesiasticall superiours which manner of gouernment is not to be made a patterne for the gouernment of the Church of CHRIST this being a more perfect common wealth more spirituall gouerned by more spirituall Pastours enriched with a more spirituall sacrifice and Sacraments Secondlie if Princes then were rulers of the Synagogue it was by Gods speciall and Indiciall law and seing the Iudiciall and Ceremoniall lawes are abrogated they can not binde Christians or if Bilson will needs haue it that Christian Princes must now gouerne the Church because they then ruled the Synagogue one might inferre that the Ministers of England must be circumcized and must offer Caldes because then the Iewish Priests did so VVherfore that law as Ceremoniall and Iudiciall being abrogated we must looke to the new law in which not withstanding there is no one Text or example that giueth Princes the rule of the Church Thirdlie I answere that none of all the Kings alledged by D. Bilson and D. Andrewes did gouerne the Synagogue in Ecclesiasticall matters but did onlie assist the priests that gouerned and punnished Malefactours and transgressours of the law Suarez according to the prescript of the law interpreted by the Priests as Suarez in his answere to our soueraine hath learnedlie declared 6. The second argument against Princes spirituall supremacie shall be this If a Prince hath authoritie to gouerne the Church of his Kingdome either he hath it preciselie because he is a King or because he is a Christian King but by neither of these waies he hath it ergo by no way he hath it Not because he is a King for Kinglie power only medleth with temporall and humane matters and therfore Kings are called Humanae Creaturae 1. Petri. 2. humane creatures and they haue their authoritie from the people in manner afore sayd which people can giue no Ecclesiasticall power that being spirituall and supernaturall yea if Kings as Kings had this Authoritie then the Kinges which raigned in the Apostles time though Infidels should haue been Heads of the Church although they were no members at all and consequentlie NERO should haue been Head of the Church and all the Apostles and the sheepe of Christ had bene committed to a Rauening Wolfe which though it be most absurd to imagine yet TOMSOM as BECANVS in his booke entituled the English Iarre reciteth is not ashamed to auouch it saying Omnes Principes etiam Pagani obiectiuè habent supremam potestatem in omnes omnino personas suorum subditorum generatim in res ipsas siue ciuiles sunt siue sacrae All Princes euen Paganes obiectiuelie haue supreme Authoritie ouer all the persons of their subiectes and generallie ouer their goods whether they be Ciuill or holy Not because he is a Christian King because Baptisme by which he is made a Christian and member of the Church giueth the King no new power no more then it doth to others that are baptized And therfore if before Baptisme he be no Head of the Church neither is he after Baptisme rather Baptisme as aboue we haue seene maketh him a subiect to the Church wheras before he was not and only giueth him a new charge to obey serue and assist the Church VVherby it may appeare how fowlie Doctour ANDREWS was deceiued when he sayd That an Ethnick King when he becommeth a Christian gaineth and getteth a new right and power ouer the Church and Spirituall matters for these are his wordes Quin Rex quiuis Tortura Torti pag. 40. cum de Ethnico Christianus fit non perdit terrenum ius sed acquirit ius nouum in bonis Ecclesiae spiritualibus Yea euery King when of an Ethnike he becometh Christian doth not loose his terrene right but getteth a new right in the spirituall goods of the Church And Citing Bellarmine he sayth Omnia haec Dominus tuus totidem verbis All those things thy Master Bellarmin in so many words affirmeth Bollar lib. 5. de Pont. ca. 2. 3. as though Bellarmine had affirmed that a Pagan King were Head of the Church and had right and power in spirituall matters whereas Bellarmine is too learned to make so grosse an errour and only affirmeth That Pagan Kings are true Princes and Lords of their Countries 7. But perchance they will say that the Prince hath this Authoritie by a speciall Graunt from God him self This they may say but with how little reason may appeare by that which alreadie I haue handled in this Chapter for I haue prooued out of scripture that Christ gaue all Authoritie concerning the gouernment of the Church to his Apostles and their successours and not any at all to Kings and Princes VVhich because our state pleasers perceaued well enough they are enforced to play the Iewes and to alledge examples out of the old law as D. Bilson and D. ANDREWS do which examples not witstanding as I haue shewed do not firt their purpose for they knew and D. ANDREWS confesseth saying Exemplum inde nobis snmendum est Tortura Torti pa. 363. cum in Testaemento nouo nullum habeamus Thence wee must take an example since in the new Testament we haue none that there is not one text or example in the new Testament that giues Princes any power ouer the Church but rather giueth it from them vnto the Pastours 8. Thirdlie if Princes were supreme Commanders in Ecclefiasticall matters and gouerment of the Church the gouernment of the Church should not be Monarchiall which yet is the best gouernment Aristoâ— l. 8. Eth c. 1â— Plato in Poli. Senec lib. 2. de Benef Plut. in opusc â—a de re Homer 2. Iliad Iustorat ad gent. Athan. orat ad Idola Gypr lib. de vanit IdoloruÌ„ Mat. 16. Ioan. 21. as Aristocle with all the best Philosophers and auncient Fathers do affirme and was in deed chosen by Christ for his Church as the writers of this time prooue out of scripture and especiallie out of those wordes spoken to S. Peter Thou art Peter and on this Rocke will I build my Church and those also Pafce oues meas seede my sheepe but rather if Kinges were euerie one head of the Church in their Kingdomes the gouernmeÌ„t of the Church should be Aristocraticall because the Church should be gouerned by diuers Princes which were most inconuenient in the Church and subiect to schismes and tumultes For if euerie King be supreme Head in his Kingdome when a Generall Councell should be called as his Maiestie of England desireth I demand who should call it The Emperour the Kinges of England Spaine and France though they giue him precedence in place and honour yet they pretend by prescription and
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 maÌ„ can deny but that this is spokeÌ„ 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 meaÌ„t 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 Ecclesâ—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 HeaueÌ„ and he hath power to pronounce senteÌ„ce 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
are necessarie meanes to attaine to the end of the Spirituall power which is conferuation of the Church and faith and the attaining of life euerlasting And so as S. THOMAS saith D. Th. 2. 2. q. 40. a. 2. ad 3 Omnis persona velars vel virtus ad quam pertinet finis habet disponere de his quae sunt ad finem Euery person or art or virtue to which the end belongeth may dispose of those things which are for the end Seeing then that God hath ordained Temporall things to the saluation of our soules and consequently to the Churches conseruation when the Chiefe Pastour whose office is to bring vs to our Spirituall end seeth that Temporall things are necessarie to that end he can not only command but also dispose of them Turrecr lib. 2. de Eccl. ca. 114. Hereupon TVRRECREMATA also vsinge the like Argument sayth To him that can dispose of the end it pertaineth to dispose of the meanes and to remoue also the Impediments as it is manifest in the Phisitian and sickman who because they haue Authoritie to procure health may make choise of the meanes and may remoue the Impediments of health VVherfore seing that the Chiefe Pastour is to looke to the soules health of his subiects he may not onlie command Temporall things but also dispose of them to that end and may remoue them when they are impediments to that end And because the King and his Kingdome are comprehended in the number of Temporall things which are ordained to the conseruation of the Church and the Spirituall end for God maketh a promise to his Chureh by the Prophet Esay Esai 49. That Kings shal be her Nurcing Fathers and that with a countenance cast downe to the ground they shall adore her Esai 60. and threatneth that the Nation and the Kingdome that shall not serue her shall perish it followeth also that when the Churches right and faith can not otherwise be conserued the Chiefe Pastour may dispose of the Kings Crowne and Kingdome hee in that case being subordinate to the Church and Christian faith Neither will VViddringtons answere serue to wit that in this case they are to be directed and commanded by the Chiefe Pastour for the conseruation of the Church but cannot be by him disposed because the argument prooueth more to wit that if the Chiefe Pastour can not only command in spirituall matters which are greater but also may dispose of them he may also dispose of the Temporall which are lesser they being in some case subordinate to the end of the Spirituall power which is conseruation of the Church and faith and procuration of eternall saluation 3. A second Theologicall Argument may be deduced from the Authoritie The Second Theologicall Argum. which the Church hath ouer Temporall power for as aboue I haue shewed the Spirituall power of the Church is not onlie Superiour to the Temporall in dignitie but also if they who haue this Temporall Authoritie be baptized in Authoritie of commanding not only in spirituall matters but also in Temporall when they hinder the Churches good or are necessarie for the Churches conseruation And therfore if the Prince make a Ciuill law which derogateth to the Church the Pastour can command them to alter or to abrogate it S. GREGORIE corrected MAVRITIVS the Emperours law Gregor lib. 7. Indic 1. by which he forbad souldiers to enter into Religion So S. AMBROSE though no Pope but Archbishop of Milan commanded Theodosius the Emperour Theodor. li. 5 cap. 17. 18 who had caused seuen thousand at Thessalonica to be killed for a sedition made against the Magistrates to make a new law by which he was so restrained that when he should condemne any to death or confiscation of goods the sentenee should not be executed till 30. daies after that he might haue time to iudge better when the furie of anger was past And the Canon law is full of commandementes of the Pope to Princes euen for the disposition of Temporall things Widdr. in Apol. n. 93. num 97.101.141 139.377 378. which also Widdrington graunteth For in his Apologie for the right of Princes he oftimes repeateth that the spirituall power can direct command and compell by Censures the Princes to make lawes which are necessarie for the Churches conseruation and to abrogate lawes which are iniurious to her and so to dispose Temporall things as they shall not preiudice the Church but rather serue her for her necessarie conseruation Widdr. Apolog. n. 197. Yea sayth he Potest Ecclesia propter instantem sui ipsius necessitatem praecipere vel prohibere vsum gladij materialis The Church when necessitie vrgeth can command or forbid the vse of the materiall and temporall sword And then say I if the Chiefe Pastour can command the Temporall power scepter and sword when the necessitie of the Church requireth he may also dispose of the Temporall power scepter and sword Widdr. in Apol. Resp nu 28. This consequēce Widdrington often tymes denieth but with how little reason we shall see brieflie For although euerie one that can command can not dispose yet Princes may I graunt the Ghostlie Father can command his Penitente to giue Almes and the Penitent shall be bound vnder sinne to obey yet he shall not therfore loose the proprietie and dominion of those his goods which he should haue giuen in almes Yea I graunt that the Prince when he commandeth his subiects to contribute for his warres or other necessities of the Realme doth not alwaies by and by depriue them of their dominion and proprietie but yet I say that as he can command Temporall things for the necessitie of the Realme of which he hath charge so he can by his absolute power called Dominium Altum when it is necessary for the Common wealth not only command but also take those goods from them and depriue them of the same as in many other cases he also confiscateth their goods and depriueth them of Dominion VVherfore seing that the Pope is the supreame visible and spirituall Prince of the Church he may not only command Christian Princes his subiects to vse their Scepter Authoritie and sword to the necessarie conseruation of the Church and especially not against the Church but may also if they contemne his commandement and Spirituall Censures for the necessarie conseruation of the Church and faith dispose of them else he were inferiour to the Prince and had not Authoritie sufficient for the conseruation of the Church which is committed and commended to his charge 4. The third Theologicall argument The third Argument shall be grounded in the Nature of the Church as it is a Common wealth for the Church is an absolute Common wealth not subordinate to any other as the Kingdome is to the Chiefe Pastour and Church Now it is so that euerie absolute Common wealth to wit which is no part nor is dependent of another hath power not onlie to
pag. 90. VVhat sayth our learned Country man Doctour SANDERS yf the Bishop should see a souldiour running through the streets with his sword drawn readie to kill euerie one that meeteth him might not the Bishop command some to take his sword from him for the defence of the people and especiallie the Clergie if he may giue one commission to take the sword in such a case from the souldiour why might he not take it from the Captaine yea Prince and Emperour 2.2 q. 10 art 10. Hence it is that the Angelicall Doctour S. Thomas sayth that the Church may free Christians from subiection to Pagan Princes and take from the Princes their Prelacie and Dominion ouer them Yea he sayth that the Church may though she vse not so to do free also Christians subiect to Pagan Princes though the Princes be not subiect temporallie to the Church 6. Secondlie hence I gather The secōd sequel that the Church may make not onlie defensiue but also offensiue warre against any other Prince or Common wealth that shall notably molest or persecute her or invade her Ecclesiasticall right For the Church is an absolute Common wealth subiect at least in Spirituall matters to no other Wherfore as England if it were notably wronged by France might wage warre euen offensiue against it and might not onlie defend it selfe from present wrong but might reuenge it self also of iniuries past so may the Church make warre euen offensiue against both Christians and Pagans for maintenance of her right for although Pagans by reason that they are not baptized and so not subiect to the Church can not be excommunicated or otherwise Spiritually punished by her as rebellious Christians may yet they may be temporally punished by temporall warre in regard that they are subiects as much as is required to inflict temporall punishments ratione delicti by reason of the wronge For so France is not now subiect to England and yet if it should wrong England notably England might punish it by temporall warre because it is subiect at least in this respect ratione delicti by reason of the offence and wrong offred And if the Church may wage warre offensiue against Pagan Persecutors whome she cannot punish Spiritually much more may she against Christian persecutours and Spirituall Tyrants that inuade her right and persecute her faith else she were not an absolute Common wealth nor had not sufficient Authoritie to defend and maintaine her state The sequel 7. Thirdlie If one absolute and independent Common wealth may wage warre defensiue and offensiue against another which is iniurious though otherwise not subiect much more may the Church against the Ciuill Common wealth seing that this is an inferiour state and truly subiect in Spirituall matters For if when two absolute and indepēdent Common wealthes are opposite that which is nocent and offereth wrong must yeeld to that which is innocēt and endureth wrong though otherwise it be neither subiect nor subordinate much more when the Ciuill Common wealth is opposite to the Church and that offreth wrong this receaueth ought the Ciuill Common wealth to yeeld to this it being not altogether absolute but subordinate and subiect therunto 8. But our Aduersaries obiect that the Church hath no Temporall An obiection but only a Spirituall sword and so can onlie excommunicate and inflict Censures but can neither defend nor offend by Temporall armes but rather when her Spirituall sword will not suffice she must haue patience hauing no other weapons to vse And to this purpose they cite those wordes of S. PAVL 2. Cor. 10 The weapons of our warfare are not carnall and those also of the same Apostle 2. Tim. 2 No man being a souldiour to God intangleth him selfe with secular businesses Yea they vrge euen these wordes of our Sauyour Mat. 26. Retourne thy sword into his place And they tell vs plainlie that the Church that is Ca. Clerici c quicun que 20. qu. 8. cap. cos qui 20. q. 3. The Answer Clergie men are forbidden by her own Canōs to make warre To this I haue an easie answer yea many answers First I answer that the ordinarie weapons of the Church are spirituall but when they will not serue for her defence in some cases she may vse temporall armes Secondlie I answer that the Church hath none but Spirituall armes that is spirituall power but by this power she can not only punish Spiritually but also Temporally and by it she can not only dispose of spirituall goods but euen of the Temporall when it is necessarie to conserue the faith and authoritie of the Church Thirdly to answer distinctly to euerie parcell of the obiection I say that the first place is vnderstood of the spirituall power of the Church which is not Temporall nor carnall but spirituall but as this power directlie and ordinarilie medleth only with spirituall matters and pumshments so indirectly and in some cases for the necessarie defence of the Church it can command the Temporall glaiue and handle it also when Princes at her commandement will not vse it to her end The other place forbiddeth only Clergie men to be to much sollicitous and studious about Temporall affaires The third place only forbiddeth to vse the sword for reuenge and by priuat authoritie And therfore after CHRIST had bidden S. PETER put vp his sword 1. Pet. 2. he addeth that all that take the sword shall perish with the sword which must needs be vnderstood of priuat men who indeed take it but receaue it not from authoritie For the Magistrate who receaueth the sword from the Prince may and must vse the same for the punishment of malefactours As for the alleaged Canons which forbid Priests and Religious to goe to warre I graunt that ordinarily they must not goe to warfare because it is not beseeming their function and is for that cause forbidden but yet by dispensation of the Chiefe Pastour they may D. Th. 2.2 qu. 40. a. 2. ad 3 Caietan ibidem Bannes ibid. dub 2. cou 2. dub 3 con 1. Couar Relect. in Clement Furiosus p. 2. §. 3. n. 2. and in case of great necessitie as if otherwise the Common wealth could not be defended they may and must euen without dispensation because to this they are bound by the law of Nature frō which the law of the Church doth not derogate no more then Grace doth from Nature as all Diuines do auouch If Priests then may fight and vse their temporall sword and armes for the necessarie conseruation of the Common wealth much more may they for the defence of the Church 9. And certes if the Church could not do this in such case of necessitie CHRIST had not sufficiently prouided for her nor giuen her that Authoritie which is requisite to euerie absolute Common wealth For what if Turkes and infidels should inuade the Church ruine her Temples and Monasteries despoile her of her Bishopricks and benefices
lesse daungerous to them seing that by permitting Popes and Bishops to doe it they might derogate to their owne authoritie and giue occasion to them to prescribe against them and to do it not in the Princes but in their owne name and Authoritie And when did WIDDRINGTON heare that any good Christians appealed from the Church and Pope in these lawes vnto Princes as to their highest Superiours when did they reiect any of these lawes till they had informed them selues that they were made not by the Churches but by the Princes authoritie Certes WIDDRINGTON in this openeth a wide gap for Heretickes and all contemners of the Churches authoritie And what may he not defend if he be permitted to vse this libertie and audacitie As for his Authours we shall see hereafter in the ensewing thirteenth Chapter how many they are and of what Authoritie 4. Wherfore my Argument shall proceede as it began in this manner The Pope by VViddrington can make a Decree to depose inferiour Temporall Lordes ergo Supreame Princes they as Christians being as subiect te the Church by Baptisme as aboue is shewed in the 5. Chapter num 4.5.6 as much as the lowest Christians though in that they are absolute Princes they haue no Superiour but God in Temporall Authoritie To say that Pope INNOCENT made this Decree of his own head is but to shew great ignorance for in Generall Councels Popes speake ex Cathedra and as publick not priuate persons and what they decree is With the common consent of all the Bishops or the most part else if the Pope should do all of his owne head in vaine should he assemble Generall Councels But that all the Councell and Christian world consented to this decree it is cleare enough for that no mention is made of any variance betwixt the Pope and the Councell in this matter To say that the true Councell of Laterane is not extant or that the Canons extant were compiled only by INNOCENTIVS because in this Councell the Councell of Laterane though not this but another is cited and alleadged are so improbable euasions that they merit not confutation and are verie suffieientlie reiected by the booke called Discussio decreti Magni Concilij Lateranensis 5. One thinge there is bearing more shew which our Aduersaries might alleage to wit that if this Councell did in expresse tearmes define that the Pope hath power to depose Princes they would then yeeld because what a Generall Councell with the Pope defineth directly and expresly is a mattet of faith and it is heresie to gainsay it But seing that all thinges spoken or written in a Councell are not matters of faith for as Diuines commonlie say the reasons which the Councell bringeth for confirmation of her decree and those things which are spoken incidentlie Bellarm. lib 2. de Concil cap. 11. 12. and the things which are determined as probable are not of necessitie to be beleeued it seemeth that by this decree we are not bound to beleeue that the Pope can depose Princes because though the Pope and Councell make a decree of deposition yet they define not expresly nor sub Anathemate vnder paine of Curse that the Pope can depose Princes 6. But who so pleaseth to consider this decree well and without all passion or partiall affection must needs confesse that this decree ought to be of verie great credit for first the Pope and Councell suppose at least that the pope can depose Princes else they would neuer haue made such a Decree and consequentlie this decree argueth that the Pope and all the Prelates Princes and Legates present were of that opinion which no doubt they being so many and so learned must needs beare a great sway amongst all good Christians for what they thought all the Christian world at least for the most part thought all receauing and approouing this Councell But widdringtoÌ„ will say that he will not denie but that they all thought so piouslie and probablie yet because they defined not in expresse tearmes that the Pope can depose Princes he will not beleeue it A peremptorie Answer certainlie and wherin to say no more the Answerer shall shew him selfe verie slow and hard of beleefe and to hardie also who blusheth not to gainsay so many learned and godlie Prelates and whome so many graue countenances and Iudgements can not moue 7. But I will deale yet another Way and out of the selfe same decree Although the Pope and Councell in the alleaged decree do not expreslie define that Popes can vpon iust cause depose Princes yet it argueth that they nor onlie probablie but verilie and assuredlie thought he could else to haue grounded so odious a decree and iniurious also if the Pope haue not Authoritie vpon a probable opinion had bene great rashnesse For the Councell had exposed therby if the opinion had not bene supposed most assured the King and Common wealth yea and sometimes the whole Church to vprores garboiles rebellious warres and such like And warre should haue bene iust also on both sides For the subiects might haue refused to obey the deposed Prince as being freed by a Generall Councels authoritie from all obligation to him and being warranted by the same Councell that now he is no more their King but an vsurper and Inuader against whom euerie particuler man hath iustum bellum iust warre And so as if a forraine Prince should vniustlie inuade France without iust title or wrong receiued euerie Frenchman might resist him if he could because he hauing no Title all the Kingdome and euerie particuler member hath iust warre against him so if a Prince deposed persist in gouernment he is according to the Popes and Councels opinion which VViddrington confesseth to be probable an vsurper and inuader and consequentlie euerie one of his former subiects hath iust warre against him Cicero lib. 3. de offic Hâ—rodotus lib. 3. Xiphilin in Augusto AlexaÌ„d ab Alex. li. 3. c. 26 D. Th in 2. d. vlt. q. 2. a. 2. ad 5 Sot lib. 5. de Iust q. 1. art 3. alij infra cap. 15. citandi no lesse then as all the best Philosophers and Diuines teach the subiectes haue against an vsurper of the crowne And yet this Prince deposed might iustlie also persist in his possession because no man is bound to forgoe that to which he hath probable right being warranted by the rule of the law †Reg. 65 de Regulis Iuris in 6. In pari delicto velcausa potior est conditio possidentis In the like default or cause better is the condition of him that is in possession And againe * Reg. 11 ibid. Cum sunt iura partium obscura reo fauendum est potius quà m Actori VVhen the rightes of the parties are obscure the guiltie or accused is to be fauoured before the Actour or accuser But the Prince in this case hath according to VViddrington probable right and is in possession and he is reus not Actors
decree will obstinate lie holde that the Pope cannot depose a Prince or free his subiects from their fidelitie and alleageance he must graunt that either the Pope with the Councell commandeth against faith or that hee disobeyeth against faith not beleeuing that to be iust which the Pope decreeth with a Generall Councell This decree of this Great Councell doth so trouble and pussle VViddrington that in his booke intitled discussio discussionis sec 1. he endeauoureth by many Arguments though as he would seeme in the name of others to make this Councell of little credit which was not the Spirit of the learned Cardinall Allan Chap. 4. who in his Answer to the Libeller calleth it the famous Councell of Lateran and comming to alleage this decree of the Fathers of that Councell he thus pronounceth These then are the wordes of their most renowned decree 10. The same Arguments I may drawe out of the Generall Councell of Lions Cap. 1 de homicidio in 6. which hath this decree Sacri approbatione Concilij statuimus c. By the approbation of the holie Councell wee do decree that whatsoeuer Prince Prelate or whatsoeuer Ecclesiasticall or secular person shall cause or command any Christian to bee killed by the aforesayd Murderers although death therby doe not follow or shall receaue or defend or hide them shall incurre ipso facto the sentences of excommunication and deposition from his dignitie honour office and benefice and that the same may be giuen freelie to others by them to whom the collation appertaineth 11. Likewise another Councell of Lions and Generall also held in the yeare of our Lord 1245. Ex Nauclero Aemilio Platina at which were present BALDVINE the Emperour and S. LEWIS of France INNOCENT the fourth with with consent of the Councell deposed FREDERICK the second and absolued his subiects from their oath made vnto him commanded vnder paine of Excommunication all his adherents to leaue him and not to obey him as Emperour gaue permission to the Electours to choose another in his place Extat cap. Ad Apostolicae de sent re iud in 6. Vide etiam Westmo naest an 1245. Mat. 16. The Decree is this Nos itaque super praemissis c. VVe therfore with our brethren and the Holie Councell hauing premised a diligent deliberation about the aforesayd and many other his hainous excesses seing that wee though vnworthie supplie the place of CHRIST in earth and that to vs in the person of Blessed Peter it was sayd VVhatsoeuer thou shalt bynde vpon earth it shal be bound also in heauen doe declare and denounce the aforesayd Prince who hath made him selfe vnworthie of Empire kingdomes and all honour and dignitie and who for his iniquities is reiected of God from raygning and ruling to be tyed in his own sinnes and as an abiect depriued of all honour and dignitie and yet not withstanding by sentence wee depriue him and absoluing perpetuallie all who are bound to him by oath of fidelitie from this oath do by Apostolicall Authoritie firmelie forbid that any hence forth doe obey him as Emperour c. 12. GREGORIE the seuenth in a Councell at Rome in the yeare of our Lord 1076. excommunicated and deposed HENRIE the fourth for many his insolences outrages and enormities Vide Baron an 1076. n. 25. The Excommanication beginneth thus Beate Petre Apostolorum Princeps inclina quaesumus pias aures tuas nobis audi me seruum tuum quem ab infantia nutristi vsque ad hunc diem de manu iniquorum liberasti qui me pro tua fidelitate oderunt odiunt Tu mihi testis es Domina mea Mater Dei Beatus Paulus frater tuus inter omnes sanctos quod tua Sancta Romanâ— Ecclesia me inuitum ad sua gubernacula traxit c. Blessed Peter Prince of the Apostles we beseech theâ— to incline thy pious eares vnto vs and to heare meâ— thy seruant whom from my infancie thou hast nourished and vnto this day hast deliuered from the handes of the wicked who haue hated and do hate mee for my fidelitie towards thee Thou art my witnesse as is also my Ladie the Mother of God and Blessed Paul thy brother amongest all the Saintes that thy holie Romane Church drew mee against my will to her gouernment c. Then a little after he addeth the Excommunication and deposition it selfe Hac itaque fiducia fretus pro Ecclesia tuae honore defensione ex parte omnipotentis Dei Patris Filij Spiritus Sancti per tuam potestatem Authoritatem Henrico Regi Fiâ—io Henrici Imperatoris qui contra tuam Ecclesiam inauditâ superbiâ insurrexit totius Regni Teutonicorum Italiae gubernacula contradico omnes Christianos à vinoulo iuramenti quod sibi fecere facient absoluo vt nullus ei sicut Regi seruiat interdico c. Therfore building vpon this confidence for the honour and defence of the Church in the behalfe of the omnipotent God the Father the Sonne and the Holie Ghost by thy power and Authoritie I do take from King Henrie the sonne of Henrie the Emperour who by an vnwonted pride neuer heard of hath made insurrection against thy Church the gouernment of the whole Kingdome of the Almaines and of Italie and do absolue all Christians from the bond of oath which they haue made or shall make vnto him I do forbid any to serue him as King But because the Emperour after this submitted him selfe and promised by solemne oath satisfaction and shewed exteriourly great penance the Pope to shew that he desired not his deposition but as a meanes to the Churches true peace and his saluation absolued him from excommunication in the Castle of CANVSIVM where then the Pope was and admitted him to the Masse which he celebrated and in the Masse called the Emperour vnto the Altar and holding the Blessed Sacrament in his hand said to the Emperour Ego iam pridem à te tuisque fautoribus literas accepi quibus me insimulasti sedem Apostolicam per simoniacam haeresim occupasse I long since haue receiued letters from thee and from thy fautours by which thou hast accused mee to haue entred into possession of the Apostolicall seate by Simoniacall heresie And though saith he I could bring other testimonie of those that knew my life from my Childhood and were Authors of my promotion ego tamen saith he ne humano potiùs quà m diuino niti videar testimonio vt satisfactionis compendio omnem omnibus scandali scrupulum de medio auferam Ecce Corpus Dominicum quod sumptur us ero in experimentum mihi hodie fiat Innocentiae meae vt omnipotens Deus suo me bodie iudicio vel absoluat obiecti criminis suspicione si innocens sum vel subitanea interimat morte si reus sum Yet I saith he least I should seeme rather to leane vnto humane testimonie then diuine that I
which he was barbarously depriued by certaine emulatours cteated and anointed CHARLES the Great Emperour and made his sonne King Anastas apud Baron an 799. as Anastasius whom Baronius alleageth declateth at large which no sooner was done but the Romanes cried Vide Baron an 800. Az or to 2. lib. 10. Instit mor. c. 8. Carolo pijssimo Angusto à Deo coronato magno pacifico Imperatori vita victoria And the Authour of Fasciculâ— Temporum sayth that CHARLES tooke the Diademe of the Empire from Pope LEO the third Zonaras Cedrenus Paulus Diaconus Ado Albertus Krantius Otho Frisingensis Marianus Scotus Bell. li. 5. de Rom. Pontif. cap. 8. Magdeburg ceÌ„t 8. ca. 10. col 751. and all Chroniclers whom Cardinall Bellarmine alleadgeth affirme the same Yea the Magdeburgians in blaspheming that this Translation of the Empire was one of the Chiefe miracles of Antichrist affirme it And although Marsilius of Padua whome Barclay and VViddrington are enforced to followe against the torrent of all good Autours affirmeth that the people of Rome were the Authours of this Translation yet Cardinall Bellarmine plainlie demonstrateth the contrarie not only by all Historiographers who attribute this to the Pope but also by this that the people of Rome if they had any Authoritie to choose the Emperour had lost it when the seat of the Empire was translated to Constantinople and therfore for the space of fiue hundred yeares that is from CONSTANTINE the Great to CHARLES the Great neuer medled with choosing the Emperour Lib. 5. de Roman Pontif. cap. 8. §. ad alios seqq Yea as Cardinall Bellarmine sheweth the people of Rome neuer medled with the election of the Emperour for that he came to the Empire either by hereditarie descent or by acclamation of the souldiours 6. GREGORIE the Fifte also instituted the seuen Electours and gaue them Authoritie to choose the Emperour which manner is vsed to this daie So Platina Blondus Nauclerus and others alleaged by Cardinal Bellarmine in the place aboue noted Wherfore as Cardinall Bellarmine doth so do I vrge our aduersaries with this dilemna Either the Pope did sufficiently transferre the Empire to CHARLES the Great and institute the seuen Electours or no If he did then he hath power to dispose of Temporall Kingdomes If he did not then the Emperours are not legitimate nor the Electours sufficient GREGORIE the seuenth is alleadged in the former Chapter 7. These Popes I thought good to alleadge that our Aduersaries may see that it is not true which they say to wit that GREGORIE the seuenth was the first that challeged to him self power to dispose of kingdomes for all the alleadged were before GREGORIE the seuenth The rest of the Popes who haue deposed Princes he that desireth to know may read Cardinall Bellarmine against Barclay and Schulkenius against Widdrington Conformable to these factes of Popes is the the Doctrine of S. 2.2 q. 12 art 2. Thomas of Aquin that great light of the Church which he deliuereth vnto vs in these wordes Infidelitatem illorum qui fidem susceperunt potest Ecclesia punire conuenienter in hoc puniuntur quod subditis fidelibus dominari non possint Hoc enim vergere posset in magnam fidei corruptionem quia vt dictum est hoino Apostata prauo corde machinatur malum iurgia seminat intendens homines separare a fide Et ideo quà m citò aliquis per sententiam denuntiatur excommunicatus propter Apostasiam a fide ipso facto eius subditi sunt absoluti a Dominio eius Iuramento Fidelitatis The infidelitie of those who haue receaued the faith the Church may punish by sentence and conuenientlie in this are they punished that they may not beare rule ouer faithfull Christian subiectes For this might turne to a great corruption of Faith because as it is sayd a man Apostata with a wicked harte doth plott euill and soweth brawels intending to separate men from Faith And therefore so soone as any one is by sentence denounced excommunicated for Apostasie from Faith ipso facto by and by his subiectes are absolued from his Dominion and from the Oathe of Fidelitie Thus this learned Doctour pronounceth and therby iustifieth these factes of these holie Popes CHAPTER XIII By the number of Doctours who haue imbraced the opinion that giueth this power to the Pope the same doctrine is prooued betwixt the number grauity and authority of which Doctours and those who stand for VViddringtons opinion there is no comparison to be made 1. THis proofe will not be of least force because the voice of the Chiefe Doctours of the Church is the voice of the whole Church which neuer dissenterh from that which her Doctours commonly teach her and seing that the voice of the Doctours is the voice of CHRIST according to that qui vos audit me audit Luc. 10. he that heareth you heareth mee and that the Church is the pillar of truth if euer vox populi be vox Dei 1. Tim. 3. the voice of the people the voice of God this senteÌ„ce which the Church prononnceth partelie by her Chiefe Pastours and Councels partelie by her Doctours Tract de potest Sum. Pont. aduersus BarclaiuÌ„ in initio must especially be of God But because Bellarmine hath exactlie sett downe their wordes I will onlie for breuitie sake set downe their names referring the Reader to him for their sentences 2. Our of Italie he alleageth Gregorie the seueÌ„th to whoÌ„ may be added those Prelates who as aboue wee haue seene allowed of his deposing of HENRIE the fourth S. Thomas of Aquin S. Bonanenture Aegidius Romanus B. Augustinus Triumphus B. Ioannes de Capistrano S. Antoninus Isidorus Mediolanenses Gabriel Biel Thomas Caietan Alexander de S. Elpidio Pelrus de Monte Venetus Petrus Ancharanus Syluester Prieras Astensis Nicholaus Abbas Parnomitanus Ioannes de Anania Bartholdus Baldus Petrus Aâ—dreas Gambara Restaurus Castaldus Dominicus Cardinalis Tuscus to whom may be added Cardinal Bellarmine himselfe Cardinall Baron 3. Out of France he alleageth S. Bernard whose wordes aboue are cited Petrus de Palude Patriarch of Hierusalem Durand Bishop of Meux Herueus Generall of the Dominicans Iacobus Almain Henricus Cardinalis Ostiensis Petrus Bertrandus Cardinall and Bishop Ioannes de Sylua Stephanus Aufrerius Guilielmus Durandus called Speculator Ioannes Faber Aegidius Bellamera Bishop of Auinion Ioannes Quintinus Remundus Ruffus to whom may be added Genebrard Andreas du Vallius and others 4. Out of Spaine S. Raimundus Pelagius Aluarus Ioannes de Turrecremata Cardinall Cyprianus Benetus Arragonensis Franciscus Victoria Dominicus à Soto Alphonsus de Castro Iacobus Simanca Dominicus Bannes Martinus Ledesmius Gregorius de Valentia Guilielmus de Monserat Catalanus Alphonsus Aluarez Antonius Cordubensis Ludouicus Molina Didacus Couarruuias Ferdmandus Vasquius Michael de Aninyon Martinus Nauarrus to whom now may be added two other learned Diuines Franciscus Suarez and Gabriel Vasquez 5. Out of Germanie he produceth Stephanus
an other that can So that Ocham and Almainus are quite opposite to VViddrington for VViddrington sayth the Pope can depose the Prince or dispose of temporall Kingdomes in no case they say he can regularlie depose and dispose in case of Schisme or Heresie and casuallie for a Ciuill faulte and crime that is when the secular Iudge Prince or common wealth is wanting In his Newye aresguift pag. 45. Almain q. in vesperiis vltra medium VViddrington obiecteth that Almainus auerteth that de ratione potestatis laicae est poenam ciuilem posse infligere vt sunt mors exilium bonorum priuatio sed nullam talem poenam ex institutione diuina infligere potest Ecclesiastica potestas imo nec incarcerare vt plerisque Doctoribus placet sed ad solam â—â—â—â—am spiritualem extenditur vipote excommunicationem c. It is pertaining to the nature of Laicall power to inflict a ciuill payne as death Banishment and priuation of goodes but the Ecclesiasticall power can inflict no such punishment by the diuine institution yea it can not imprison as many Doctours thinke but it is onlie extended to a spirituall punishment as excommunication c. But Widdrington should haue expounded Almainus by Almainus vnlesse he will make him flatlie to contradict him selfe and so to adde little credit to his opinion And therefore when Almainus sayth that the Ecclesiasticall power can inflict no Temporall punishment he meaneth that it can not regularlie and for a ciuill crime but graunteth with Ocham in the expresse wordes alleaged that it may inflict a Temporall punishment casuallie for a Ciuill crime and regularlie for the crime of heresie But perchaunce Widdrington hath better lucke in his other Authours 11. Ioan. Parisiens tract de potest Regia Papale Trithem de script Ecc. an 1280. An other Authour of his is Ioannes Parisiensis who as Trithemius testifieth was a Deuine well seen in Scriptures who taught publickelie in Paris c. And what sayth he If the Kinge sayth he were an hereticke and incorrigible and a contemner of the Ecclesiasticall censure the Pope might do some thing in the people wherby that King might be depriued of his honour and deposed by excommunicating all them to whom it belongeth to depose him c. To this Authour I answer first that he hath other positions also in that his tract which sound not well Secondlie as he sayth to little for the truth so he sayth to much for VViddrington and for the oath which he defendeth for as he sayth the Pope by him selfe can not depose the Prince so he sayth he can depose him by the people in that he can commaund them vnder paine of excoÌ„munication to depose him wherein he fauoureth the Prince as little as if he had sayd the Pope by him selfe can depose him for whether the Prince be deposed immediatlie or mediatlie by the Pope it is all one to the Prince it being as hard for the Prince to be deposed by the people at the Popes commaundement as by the Popes immediat Authoritie 12. After Dante 's and Almainus whome we haue alreadie examined In 4. d. 24 q. 3. ad 3. et 4 followeth Ioannes Maior who yet sayth no lesse then Ioannes Parisiensis for he after he hath denied the Pope to be direct Lord or that all Princes are his vassalles to be constituted and deposed at his will in which I also with all diuines will not let to agree sayth si intelligatur habere dominium in temporalibus casualiter c. if he be vnderstood to haue dominion in Temporall thinges casuallie and that he can do much to the deposition of Kinges by persuading counseling yea and by prouoking others to the sword against them Kinges when they are destroyers and altogeather vnprofitable spoylers of Christian faith and coÌ„mon wealth this is more gentlie to be borne neither is it against my sayinges HVGO cited by the Glosse In cap. caujam quae Qui filij sint legitimi Lib. de Regim mundi par 2. q. 2. princ num 82 as Schulkennius obserueth sayth not that the Pope can not depose the Emperour in case of heresie but onlie that he hath his authoritie from God Michael Vulcurunus as Schulkennius also obserueth standeth in plaine tearmes against VViddrington and therefore was not wiselie alleaged by him for he sayth that in case the Emperour or King should be rebellious to the Pope and would not assist him in necessitie he might expell such a Prince out of the Church and by this he shall be sayd to be expelled out of his Kingdome seing that he who hath rule ouer Christians ought to be Catholicke and a little after but yet sayth he if the Emperour or any other King be incorrigible in respect of faith and of a great and manifest sinne the Pope might depose or depriue such a man Trithem de Scrip. Eccl. an 1340. Albericus as appeareth by that which Trithemius sayth of him doubteth onlie whether certaine decretalles disposing of Temporall matters be iust Qua decretales an sint iustae Deus nouit nullaÌ„ enim earum saluo meliori consilio si erroneum foret reuoco credo luri consonam which decretalles whether they be iust or no God knoweth for I thinke not gaine saying better counsell and if it were erroneus I recall it that none of these decretalles are conformable to Law I answer that this man was a Lawier no Diuine and so being not skilfull in that science is not of Authoritie in a matter of diuinitie Secondlie he is doubtefull him selfe readie to recall what he sayth and so can giue no assurance to others 13. Trithemius is an other Authour and him VViddrington often bringeth on the stage Trithemius sayth he in his Theologicall Disputation Disput Theolog. cap. 2. n. 5. New-year asgift pag. 45. Trithem in ChroÌ„ Monast Hirsangiensis anne 1106. and in his Newyearesgift Abbot of the order of S. Benedict a man of greate learning and pietie sayd that the Question whether the Pope can depose a Prince or no was disputed amongst schoole Diuines and yet not determined by the Iudge And indeede Trithemius hath these woordes Ipse autem Henricus 4. primus est inter omnes Imperatores per Papam depositus Scholasticicertant adhuc sub iudice lis est vtrum Papa Imperatorem possit deponere quam quaestionem cum ad nos non pertineat indiscussam relinquamus Henrie the fourth was the first amongst all Emperours that was deposed by the Pope The Schoole Diuines do contend and as yet it is not decided by the Iudge whether the Pope caÌ„ depose an Emperour which question because it pertaineth not to vs let vs leaue vndiscussed I answer first that Trithemius was only a Chronographer and Historiographer and so his wordes are of no more authoritie then Ioannes de Sacrobosco his verdict in a case of Law for as Vasquez sayth and VViddrington aboue confesseth the Authours who can make an opinion probable
must be skilfull in that art or science which Trithemius him selfe knew and therefore leaueth this question vndiscussed Secondly I answer that Trithemius speaketh of HENRIE the fourth Emperour who though he had committed many insolences against the Pope and Church and had set vp an Antipope c. which his enormities Trithemius calleth scelera inaudita yet he professed him selfe a Catholicke and so the Schoole Diuines to wit Ocham Almainus and such others as I haue related for others VViddrington can not alleage disputed whether he could be deposed he being or pretending to be no hereticke as appeareth by his Epistle to GREGORâ—E the seuenth aboue alleaged and what they resolued we haue seene 14. Widdr. In his Newyearesgift pag. 46. Disput Theol. c. 3. sec 3. num 13. Petrus Pithaeus God libert Ecc. Gallicana Petrus Pithaeus sayth VViddrington a man as Posseuin sayth trnlie learned and a diligent searcher of Antiquities affirmeth that the libertie of the Church of Fraunce is grounded in this Principle which Fraunce hath euer held for certaine that the Pope hath not power to depriue the French Kinge of his kingdome or in any other manner to dispose thereof and that notwithstanding any whatsoeuer monitions or monitories excommunications or Interdicts which by the Pope can be made yet the subiectes are bounde to yeeld obedience due to the King for Temporalles neither therin can they be dispensed or absolued by the Pope And in his Disput Theologicall Cap. 3. sec 3. num 13. he sayth that Pithaeus out of a generall Maxim which Fraunce that is as he putteth in the margent the greater part euer approoued deduceth this particular proposition that the Pope can not depriue the French Kinge of his Kingdome But first here we see VViddrington ascribeth two thinges to Pithaeus which seeme to imply contradiction for in his Newyearesgift he makes him say that the libertie of the Church of Fraunce is grouÌ„ded in this Principle that the Pope hath not power to depriue the Kinge of his Kingdome And in his Theologicall Disputation he sayth that Pithaeus out of a certaine generall Maxim deduced this particuler proposition that the Pope can not giue the Kingedome of Freunce into prey nor depriue the Kinge of it And so he maketh this position That the Pope can not depriue the King of Fraunce both a generall Maxime in which the libertie of the Church of Fâ—aunce is grounded and also a particuler proposition deduced out of a generall Maxim which he nameth not which two thinges how they cohere let VViddrington looke And certes I can not imagin any Maxim receaued in Fraunce out of which either VViddrington or Pithaeus can deduce that the Pope can in no case depriue the King And if there were any such Maxim receaued in Fraunce that learned Prelat Cardinall Perone in his eloquent oration made in the Chamber of the Third estate not onlie in his owne name but also in the name of all the Nobilitie and Clergie of Fraunce would neuer haue dared before such curious Auditours to vtter these wordes following now if those who haue of set purpose laboured in fauour of the oath of England he putteth in the margent VViddrington to find out Authours who haue affirmed that in case of heresie or infidelitie the subiects could not be absolued from the obligation that they owe to their Princes could not find out any one and if those who haue since written of the same subiect in Fraunce could neuer find out in all FrauÌ„ce note these wordes since the time that Schooles of Diuinitie haue been instituted and sett open till this day one onlie Doctour neither Diuine nor Lawier nor Decree nor Councell nor determination nor acte of Parlament nor Magistrat either Ecclesiasticall or Politicke who hath sayd that in case of heresie or infidelitie the subiect can not be absolued from the oath of fidelitie which they owe to their Princes on the contrarie if all those who haue written for the defence of the Temporall power of Kinges haue euer excepted the case of heresie and Apostasie from Christian Religion how is it that they can without enforcing of Consciences make men not onlie to receaue this doctrine that in no case the subiectes can be absolued from the oath of Allegeance they owe to theire Princes for a perpetuall and vniuersall doctrine of the French Church c. Thus he whereby it is manifest that there is no such receaued Maxime in Fraunce out of which Pithaeus or Widdrington can deduce that the Pope in no case can depriue the King of Fraunce And what the opinion of the most Christian Kingdome of Fraunce at this present is may well appeare by this that all the nobilitie and Clergie the two most worthie Partes and members of that Realme in the yeare 1615. reiected an oath like to the oath of England as pernicious cause of Schisme the open gappe to heresie as our most Excellent and learned King in his Preface to his declaratioÌ„ for the right of Kinges set forth in FreÌ„ch the same yeare confesseth though in a coÌ„plaining manner and as it is to be seene in the Oration of the sayd Cardinall sent to our sayd Soueraigne And although the Tierce estate proposed an oath like to that of England yet that was but one and the lowest of the three estates and as Cardinal Perone affirmeth they had their lessons giuen them from England 15. He alleageth also out of Bochellus the Testimonie of Cardinall Pelue and other Prelates who in an assemblie at Paris 1595. reiected the Decree of the Councell of Trent sess 25. cap. 19. by which it is forbidden Kinges to permitte Duelles vnder payne of loosing the citie or place in which they permitte a Duelle Concilium TridentiuuÌ„ inquiunt excommunicat priuat Regem ciuitate illâ vel loco in quo permittit fieri duellum Hic Articulus est contra authoritatem Regis qui non potest priuari suo dominio temporali respectu cuius nullum Superiorem recognoscit The Councell of Trent say they excommunicateth and depriueth a Kinge of that Citie or place in which he permitteth a duelle to be made This Article is against the Authoritie of the Kinge who can not be depriued of his temporall Dominion in respect of which he acknowledgeth no Superiour I answer that it is not credible that Cardinall Pelue and those Prelates would thus reiect the Councell of Trent or affirme that the Pope can not depriue the King and least I may seeme to doe iniurie to Bochellus in not crediting him I shall giue reasones for it Cap. 3. pag. 111. for first as Schulkennius sheweth he thrustes into the Decrees of the Church of Fraunce and reckeneth amongest her liberties many scandalous thinges and to omitte many of them which Schulkennius noteth I will note onlie two or three of his absurdities which I haue seen in his book In his Preface to the Reader he sheweth him selfe no good Catholicke in carping vniustelie and saucilie
the Societie of Iesus relateth William Occham Iohn of Paris Dante 's Aligerius Ioannes Almainus c. do follow Who I say reading these wordes in VViddrington could thinke otherwise then that these two Authours which VViddrington produceth for the second opinion be produced for his Authours though out of Azorius as well as the other Authours But it seemeth he is loath altogether to refuse these two Authours and therefore he sayth Azorius maketh Occham a Classicall Authour and Gabriell and the Nominalles follow him as the Prince of the Nominalles and Suarez and Vasquez do ofte alleage him for theire opinion but what doth all this prooue but onlie that Occham in respect of his skille in Logicke and Philosophie and Schoole Diuinitie was a principall Doctour amongst the Nominalles and in that respect is often alleaged by Catholicke Doctours yet notwithstanding this euen Azorius Suarez and Vasquez do condemne Occhams bookes which VViddrington so esteemeth to wit those which he wrote against the Pope and his Authoritie And touching Dante 's he sayth Trithemius affirmed that Dante 's was most studious in Holie Scriptures But be it that Dante 's after Poetrie and Humanitie studied Scriptures yet he presuming to studie Scriptures without groundes in Diuinitie as Erasmus Laurentius Valla and others did might fall into erroures as well as they and certainlie who so pleaseth to reade his Monarchie shall perceaue in it more Poetrie Poeticall inuentions and slight and superficiall Philosophie then solid Diuinitie Whereas he reiecteth Bartolus censure of Dante 's as I haue no leisure so will I not wrangle with him about that This shall suffice me that both of these two Authours are censured in the Index expurgatorius set forth by Authoritie of the Councell of Trent and diuerse Popes And although Widdrington sayth that the compilers of the Index are not the Catholicke Church and that he knoweth not for what cause diuerse bookes in the Index are condemned wherin he sheweth little respect to Superiours yet at least those bookes which are censured in the Index can be no lesse then scandalous and the Authours no lesse then infamous and so no fit witnesses nor Authours to make an opinion probable So that let Widdrington choose what he will Either he will haue these Authours or he will not if he will they can giue no credit to his opinion they hauing none them selfes if he will not he hath two Authours fewer and by the same reason may reiect diuerse others yea all the other Authours and so vae soli woe to him that standeth post alone But he sayth that he produced not thē alone but with manie other Catholicke Godlie and learned Authours I answer that what the most of his Authours be I haue alreadie shewed and whereas he alleageth Tertullian S. Ambrose S. Hierom and others Schulkennius hath answered him that they are by him misconstrued Tertullian in his Apologeticut sayth Emperours are second to God and vndes his onlie power I answer that then Emperours were Pagans and so not subiect to the Church but to God onlie I answer secōdly that the Emperour and euerie absolute King Christian hath no temporall Superiour but God yet as Widdrington dareth not deny but that there is a spirituall power and Authoritie in the Chiefe Pastour aboue him which may punish him spirituallie so I say this power can in some case decree temporall punishment against him when spirituall punishment doth not preuaile Wheras S. Ambrose S. Hierom In Apol. n. 5. sequentibus Gregorius Turonensis alleaged by TViddrington say the Kinge is subiect to no lawes nor punishment but of God they meane that he is not subiect to his owne or any Tēporall Princes lawes and punishment but deny not but that he is subiect to Ecclesiasticall lawes power and may by that power be chastised by spirituall Censures and also temporall when the spirituall Censures are contemned In Apol. num 8. And whereas S. Augustine Pope Nicholas others alleaged by widdrington affirme that the Pope and Church hath no materiall or Temporall sword I graunt it because they by a materiall sword vnderstand temporall Authoritie to vse it and that the Pope hath not by Christs gift yet he hath from Christ as I haue aboue prooued a spirituall power by which he may commaund the Temporall sword as Widdrington him selfe acknowledgeth In Apol. n. 196. 197. and by this power he can decree temporall punishmentes when the spirituall censures will not take place though neither he nor the Church doth execute these temporall punishmentes especiallie of death and bloud it being a thing not beseeming the Church S. Leo ep 93. ad Turibiū Asturien Episcopum parum ab initio according to that of S Leo Ecclesiastica lenitas cruentas refugit vltiones The Ecclesiasticall lenitie escheweth bloudie reuenges And thus much cōcerning Widdringtons authours the examinatiō of which authours although it was not altogether necessarie Schulkennius hauing alreadie examined them yet I thought it some what requisit partlie because Schulkennius examination being in latin it cā not see easilie nor so generallie be made knowné to English men partlie because I haue examined diuerse Authours which Schulkennius did not and I haue added here and there something as facile est inuentis addere for more ample explication and now also vpon occasion of the sight of Widdringtons Appendix in which he answereth to Schulkennius Examination I haue brieflie refuted some of his Answers to Schulkennius touching his Authours Out of all this I gather that seing that WIDDRINGTONS Authours either make not for him or are of no or cracked credit or are quite opposite to him which it seemeth he him selfe now seeth and therefore in his Appendix reiecteth two of them and defendeth not the rest though prouoked by Schulkennius I may say that Widdrington amidst all his Authours standeth post alone and he but one opposeth him selfe not onlie to his Chiefe Pastours Censure but also against the current of all Catholicke and renowned Doctours and Authours CHAPTER XIIII By the doctrine and practise of heretikes the same against them is demonstrated and thence is inferred that the question betwixt vs and them is not so much whether the Pope hath any such authority as whether the Pope or they haue it 1. See The Protestats Apologie tract 3. sect 2. Gretser in comment exeget c. 7. The book of dāgerous pesitiont Sleidan lib. 18. hist fol. 263. li. 22. fol. 345 Osiander in Epit. Cēt. 16. pag. 526. Caluin in Dan. cap. 6. LAstlie I prooue this by the Protestantes and Reformers owne confession and practise alleaged by the Authour of the Protestants Apologie and many other authours To begin with Lutherans Sleydan and Osiander affirme that the Magdeburgians and other Lutheran Ministers defended resistance against the Magistrate and Prince as lawfull for defence of their Religion and therby excused the Rebellion which the Lutheran Princes made against the Emperour And if it be lawfull to resist
spoke in this manner If it was saied to Peter I will giue thee the keyes of heauen I say vnto you then that this is the Porter whom I will not contradict but as much as I know or can I desire to obey in all thinges his statutes least when I come to heauen gates there be none to open them to mee This sayd that Religious King and this was his respect to the Sea Apostolick Epist ad Ioan. III. KENVLPHVS King of the Mercians writing in his owne and all his Bishops Vide Malmes lib 1. de gest Reg. Angl. and Nobilities name beginneth his letter in this humble manner To my most holie and welbeloued Lord LEO the Romane Bishop of the holy and Apostolicke Sea Kenulph by the Grace of God King of Merchland with the Bishops Dukes and all degrees of honour with in our Dominions with health of most sincere affection in Christ and afterwards he saieth The sublimitie of the Sea of Rome is our health and the prosperitie therof our continuall ioy Because whence you haue your Apostolicall dignitie thence had wee the knowledge of the true saith VVherfore I thinke it sit that the eare of our obedience be humblie inclined vnto your commandements And then demanding the Popes benediction for the better gouernment of his people and resistance of forraine foes he addeth This blessing haue all the Kinges who swayed the Mercian Scepter deserued to obtaine at your Predecessours hands This same do I in humble manner request Malmes lib. 3. de gest is Pont in VVilfrido Malmes lib. 1. de gest Pōt Angl. Westm an 854. Bale Gent. 2. cap. 20. and desire to obtaine of you most holy Father first by way of adoption to receaue me as a child as I loue you in the person of a Father and shall imbrate you with the whole force of obedience And afterwardes he makes mention of a token of an hundred and twentie Mancuzes which he requesteth him to accept King ETHELDRED receiued the letters of Pope IOHN the seuenth vpon his Knees King ETHELWOLPH sued to the Pope for a dispensation sent his sonne Alfred to the Pope to be instructed and sent Peter-pence and made all England tributarie to the Romane Sea King ALFRED surnamed the Great Malmes lib. 3. de gest Reg. Angl. Fox Act. Mon. pag 166. 167. Stow. an 1066. of whose valour learning and Pietie our Chroniclers write wonders in his Preface before the Pastorall of S. Gregorie which he translated into the Saxon language calleth him Christs Vicaire King WILLIAM the Conquerour offred to trie his Title with Harold before the Pope and after got his Title approoued at Rome He wrote an Epistle to GREGORIE the seuenth in which he confirmeth the Tribute of Peter pence which the Kings of England Lib. 5. hist Ang. Cambd. in Britā pag. 350. Malmes lib. 3. de gest Reg. lib. 1. hist nouel Florent Vigor in Chron an 1107 Matth. Paris pag 96. Houed an 1131. Fox pag. 192. Fox pag. 193. Houed pa. 502. euen from King INAS paied to the Pope as Polidore Virgil writeth in signe of reuerence and subiection to the Romane Sea King HENRIE the first surnamed Beauclerd for his knowledg in the seuen liberall Sciences built a Church at Dunstable and by the Authoritie of Pope EVGENIVS the third as Cambden confesseth placed there Canon Regulars he yeelded the inuestiture of Bishops and intertayned most honourably Pope INNOCENT the second and caused him to be admitted through out all France He wrote a letter to Pope PASCHAL which Fox setteth downe and giueth him this Title To the venerable Father PASCHAL chiefe Bishop and at the same time as the same Fox relateth he wrote another letter to the said Pope demanding the Pall for Gerard Arch-Bishop of Yorke King HENRIE the second though for a time he contended with Pope ALEXANDER the Third yet after the death of S. THOMAS of Canterburie Fox pag. 227. Coop an 1072. Bal. cent 3. cap. 4. Houed par 2. Annal. pag. 677. he permitted Appeales to the Pope and submitted him selfe and his Kingdome vnto his pleasure King RICHARD surnamed Coeur de Lion sonne to HENRIE the second wrote a letter to Pope CLEMENT the second with this Title To his most Reuerend Lord and Blessed Father by the grace of God CLEMENT chiefe Bishop of the holy Apostolick Sea and a little after The factes of Princes saith he haue better successe Houed pag. 706. when they receaue assistance and fauour from the Sea Apostolick Matth. Paris Houed an 1190. And so whē this King went to the holie Land he left the care and gouernement of his Kingdome vnto the Sea Apostolick King HENRIE the third when the Pope sent a Legate into England as Matthew Paris relateth met the Legate at the Sea coast Matth. Paris pag 589. Fox act pag. 287. and bowing his head to his knees conducted him and after writing a letter to Pope INNOCENT he callethe him most holy Father and Lord and Chiefe Bishop and offreth Kisses to his blessed feete King EDWARD the thiad writing a letter to the Pope walsing pag. 150. which Walsingham serteth downe saieth That it is heresie to denie the Popes iudgement praesidere omni humanae creaturae to preside ouer all humane creatures The same King writing to Pope CLEMENT vseth this submission To his most holy Lord Clement by the diuine prouidence Chiefe Bishop of the sacred Romane and vniuersall Church Edward by the Grace of God King of France and England and Lord of Ireland deuout kisses of your blessed feet And the same King and all his Nobles anno 1343. assembled in the Parlament at VVestminster in a letter written to the Pope Fox Act. pa. 383. which Fox setteth downe calleth him Head of the Holie Church King HENRIE the sift that warlike and victorious Prince sent his Embassadours to the Councell of Constance called for the condemnation of VVickleph Stowe an 1416 and there demanded and obtained that England might be called a Nation and one of the fower Nations that owe deuotion to the Church of Rome Fox Acts pa. 799. Georg. Lilius in Chron. an 1506. King HENRIE the seuenth anno 1506. sent three solemne Oratours to Pope IVLIVS the second to yeeld his obedience according to the manner vnto the Sea of Rome Yea King HENRIE the eight in the yeare 152◠dedicated his boke against Luther to Pope LEO the tenth which booke I haue seene signed with the Kings owne hand in an English Caracter for which the Pope gaue him and his successours the Title of Defendour of the faith That he acknowledged the Pope his Pastour appeareth by this that at first he made sute to him for a separation from Queene CATHERINE but when he perceaued he could not obtaine his sute then and vpon that occasion onlie he exiled the Popes Authoritie and made him selfe Head and the first Head of the Church of England as may appeare by that which I
haue saied of the knowen respect the Kings of England euer before bare to the Pope and the Apostolicall Sea 14. Seuenthlis I prooue this by the ancient Ceremonies of kissing the Popes feete and other Homage which no good Christian though a King or Emperour hath euer disdained fulfilling therein the prophecie of Esay Quam speciosi pedes Euangelizantis pacem How beautifull are the feet of him that Euangelizeth and preacheth peace Esay 52. And following therin the example of the three Kinges Matt. 2. who adored Christ and of the prime Christians who brought the price of their Lands to the feet of the Apostles Act. 4. 5. Act. 10. Phocius in Nomo con Cap. Constantinus dist 96. Naucler lib. 2. gener 18. Blond li. 10. Mart. Polonus Platina in Steph. 2. S. Ansel Luc li. 1. Collecta Plat. in Adria 1. Baro. to 12. anno 1130. Platina in Eugenio IV. and of Cornelius that fell at Peeters feet CONSTANTINE the Great Greater for his humilitie then for the greatnes of his victories and Emperie honoured the Pope as his Pastour and superiour and bestowed great temporall honour and Regalities vpon him IVSTINIAN the Great in the yeare 535. adored AGAPETVS Pope IVSTINIAN the second crouching to Pope CONSTANTINES the first feete embraced him King PIPIN going to meete Pope STEEVEN who was going to him into France for helpe kissed his feet and ledd his horse by the bridle into the Court and pallace CHARLES the Great would not be hindred by Pope ADRIAN the first from kissing his feet as Platina writeth LEWIS King of France and HENRIE the second King of England kissed humblie the feet of INNOCENT the second SIGISMVND the Emperour in the Councell of Constance worshipped Pope MARTIN prostrate vpon the ground ALBERT Emperour of the West and IOANNES PALEOLOGVS Emperour of the East vsed the same submission to EVGENIVS the fourth in the Councell of Florence 15. By this which hath bene said who is of so little insight that seeth not how Princes are and ought to be subiect vnto the chiefe Bishop and highest visible Pastour of the Church which if Princes also could see as their conceipt of their owne Authoritie many times hindreth them from seeing they would not encroach vpon the Church as they doe they would not contemne her lawes but honour them as Oracles they would not despise the Churches Pastours but would as the auncient Christian Princes were wont to do honour them aboue all terrene Potentates 16. And would to God our noble soueraigne King IAMES had bene trained vp in the schoole of Christs Catholike Church in which our ancient Kings his Predecessours learned their dutie towards the Pope that rare and deepe iudgement of his would neuer haue permitted him to thinke a Temporall King as great as the Pope In praf monitor pag. 5. to whom his Predecessours subiected their persons Kingdomes Crowns and Scepters it would neuer haue sunke into his learned head that the Pope should be Antichrist and consequentlie all his Predecessours the Kings of England yea of Christendome so wise so pious so warlike so victorious worshippers and fauourers of Antichrist he would neuer haue incited the Emperour and Christian Princcs In praef monitor to curbe him restraine him and to diminish that his Authoritie which not they but Christ gaue him by which he hath put the crowne vpon many an Emperour and Kings head by which all Christian Kinges and their Kingdomes haue bene maintayned in Religion wealth and prosperitie against which Authoritie no temporall stares haue long preuailed but like waues against the Rocke by persecuting it haue wasted and ruined them selues which Authoritie was not giuen him ex prima intentione to take away temporall Kingdomes from any vnlesse by euill comportement they make them selues vnworthie of all rule and humane societie but rather to conserue them and to adde vnto them a new Crowne and Kingdome of Heauen for non eripit mortalia qui regna dat Coelestia he that giueth to man heauenlie thinges goeth not about to take away from him those that be earthlie Imploie then ô noble soueraine your rare witt power and force to defend and protect this Authoritie not to impugne it shew your self worthie that Title of a Defendour of the faith which was giuen to your Predecessours by the Sea Apostolick not for impugning but for defending her faith and Authoritie Seeke not to sacke and rase that Citie which is built vpon a Rocke Thinke not to preuaile against that Church against which all the persecutions schismes and heresies that haue beene raised against her no nor the forces or gates of Hell could hetherto or shall euer here after preuaile Seeke not to sinke the shippe which PETER ruleth and at whose sterne CHRIST him self sitteth It may be by Gods permission tossed with windes waues and Tempests but it can neuer be drowned for as Pope GREGORIE the ninthe once tould an Emperour that thought by humane force and policie to sincke her Cuspinianus in Frederice Niteris incassum nauem submergere PETRI Fluctuat at nunquam mergitur illa ratis Thou striu'st in vaine S. PEETERS ship to sinke Floate may it well to drown it neuer thinke CHAPTER VI. That Princes Kings yea Emperours haue no authority to gouerne the Church or to make Ecclesiasticall lawes neither 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 1. ALmightie God as he hath instituted two powers terrene and spirituall Ciuill and Ecclesiasticall and hath distinguished them in Natures obiects functions ends so to auoid confusion he hath placed them in diuers subiects The terrene power he hath giuen to Princes and Magistrates the spirituall and Ecclesiasticall to Priests Prelats and Pastours as aboue we haue seene For although there be no such naturall repugnancie but that these powers may consort in one Ep. 126. ad Euag. and the selfe same person for as S. HIEROME sayth in the law of Nature the first begotten of euerie familie were Priests and Temporall Lords Melchisedech also and Moyses and the Machabâ—et were Priests and Princes yet it is most conuenient that these two powers should be separated the King and Prince by reason of his warres and Temporall Affaires wherwith he is intangled being not so apt to menage matters of the Church and Religion the Prelate and Pastour being by office obliged to attend to diuine matters from which the menaging of common wealthes affaires would much distract him And therfore as the Church came to greater perfection Num. 27. so were these offices giuen to distinct officers For IOSVE was made Captaine and Commander in Temporall things 2. Paralip 19. ELEAZAR was the High Priest and chiefe in matters of the Church AMARIAS the High Priest commanded in his quae ad Deum pertinent in matters pertaining to God and ZABADIAS was deputed to the gouernment of those thinges that