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
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
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
Ecclesiasticall lawes in giuing Authoritie to preach to minister Sacramentes and such like yet when it is necessarie for the conseruation of this power or of the Church or faith of which it hath the Charge that it dispose of Temporall matters it can do that also and so the same spirituall Authoritie which directlie and as it were ex prima intentione ordaineth and determineth of Spirituall matters dealeth also with Temporall affaires not absolutelie but as they are ordained and necessary to the attaining of the Spirituall end which is conseruation of the Church and faith and the soules faluation But because this power doth not respect Temporall thinges principallie and for them selnes but only secondarilie and as they are ordained to the conseruation of the Spirituall good of the Church it is sayd indirectlie only to respect Temporall matters and for as much as it medleth not ordinarilie but in some extraordinary case with the saied Temporall matters we may say that the Pope ordinarilie medleth with spirituall matters and hath for his ordinarie glaiue and weapons the Spirituall censures but when they will not serue to defend the Churches necessarie right then he may also vse the Temporall sword and punishment because the same Authoritie which handleth principallie directlie and ex prima intentione the spirituall glaiue may also command and handle the Temporall sword when it is necessarie to the spirituall end for then gladius est sub gladio as BONIFACE the Eight said The Temporall sword is subordinate and subiect to the Spirituall And this is the common opinion which our most Illustrious Cardinall Allan the honour of our countrie holdeth and defendeth in his Answer to the libeller Chap. 5.6 7. But this subiection of Temporall states to the Spirituall power of the Pope and Church may be diuerslie taken First it may be taken for subiection and inferioritie in the order of Dignitie only and so all Authours agree that the Spirituall power is Superiour to the Temporall Secondlie it may be vnderstood of a Superioritie in Directing not onlie by counsell but also by Commandement vnder paine of sinne and some spirituall mulct as excommunication suspension and Interdict And so also all good and Catholick Authours yea Barclaye and VViddrington confesse Widdring in Apol. n. 197. that the Spirituall power may not only direct by Counsell but may also command the Temporall power not to vse the Temporall sword or authoritie to the preiudice of the Church and it may also correct and punish those that refuse to obey by Spirituall penalties Thirdlie it may be taken for a subiection which importeth not onlie a subiection to the Commandement but also to the disposition of the Spirituall power in which sense the Pope and supreme Pastour may be said to haue Authoritie not only to command vnder paine of sinne Christian Princes to cease from persecuting or wrōging the Church or to implore their sword and Temporall Authorities and meanes to the necessarie defence of the Church but also if they refuse and contemne his spirituall Authoritie and penalties which he inflicteth vpon them he may dispose of their Crownes Kingdomes and Authoritie and bestowe them on some other that shall do the Church better seruice or at least shall not wronge her or do her that iniurie with the which the Churches right and faith cannot consist And this Authoritie Barclaye VViddrington and some others not only Hereticks Schismaticks but also who desire still to go by the name of Catholickes do deny Wherfore for the respect I beare and owe to God and his Church and for the information of some deceiued Catholicks and confutation of Hereticks and those Catholicks who in this point ioyne with them I will prooue it by many conuincing arguments in the ensuing chapters of this Treatise And first out of Scripture CHAPTER VIII By diuers places and examples of the old and nevv Testament it is prooued that the Pope in some case can not only by Spirituall Censure but also by Temporall punishment and euen by depriuation chastice Princes who are rebellious and doe tyrannically persecute and molest the Church 1. HAuing explicated how the Popes Spirituall power may dispose of Temporall things and euen Crownes and Diademes when it is necessarie for the Churches cōseruation or great and necessarie good it remaineth that I prooue the same But because the proofes are long and many I will in this Chapter alleadge only those Arguments which may be deduced out of the Text of Scripture And least the Aduersaries of the Popes authority in this point plaie with me as they haue donne with some learned writers of this time and bragge of the victorie when they can deuise any answere though neuer so slender I will be so bolde as to preuent them and to take this euasion from them For if it were sufficient to shape an vnshapen answere which hath only a shew of probabilitie then all the proofes out of scripture which the aunciēt Fathers produced against the auncient hereticks shal be called in question For what better and more pregnant place can be alleadged then that Ioa. 10. which the aunciēt Fathers cited out of S. IOHN against the Arrians Ego Pater vnum sumus I and the Father are one and yet the Arrians had their answer in redines to witt that God the Father and the Sonne are one not by vnitie of substance but consent of wils And what plainer wordes can be alleadged for the Reall presence then those of CHRIST This is my body Mat. 26. Clandius de Sainctes Repetit 1. ca. 10. and yet the Reformers of this time haue deuised no lesse then fowerscore expositions and answers all different from the Catholick sence and meaning But my Aduersaries are to waigh and ponder the soliditie of their answers and the conformitie also of them to the Churches definition and practise 2. 1. Reg. 13 My first proofe then shal be taken from examples of the olde and new Testament which do not a little patronize the aforesaid authoritie of the Pope SAMVEL as he anoynted King SAVL and created him King of the Iewes so he deposed him And although he did this as a Prophet yet this might be a figure of that which the Chiefe Pastour may do in the new law Zuing. art 41. 2. Paral. 26. whervpon Zuinglius whose authority must needs be of force against Protestantes saith plainly Quòd Reges deponi possunt Saulis exemplum manifestè docet That Kings may be deposed Saules example doth manifestlie teach 2. Par. 26. AZARIAS the High Priest deposed OZIAS for arrogating the Priests office for although God immediately marked him with a leprosie yet the high Priest after he was thus marked had authoritie from God by the Leuitical lawe Leu. 13. to separate him from all societie and cohabitation with his subiects Hence I inferre first that the high Priest had in some case authoritie to dispose of Temporall things though they belonged to Kings For cohabitation
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
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
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
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
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
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
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
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
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