matter of faith when as thou knowest not the mystieries of faith And yet againe to the same purpose he addeth Soluimus quae sunt Caesaris Caesari quae sunt Dei Deo c. VVe haue payed to Caesar what was Caesars Tribute is Caesars it is not denyed the Church is Gods therfore it must not be giuen to Caesar because the Temple can be no right of Caesars No maÌ„ can deny but that this is spokeÌ„ with Caesars honour For what more honorable then for the Emperour to be called the sonne of the Church Which when it is sayd it is sayd without sinne it is sayd with grace Imperator enim bonus intra Ecclesiam non supra Ecclesiam est for a good Emperour is within the Church not aboue the Church The like libertie of speech he vseth also in an Epistle to his sister Marcellina Ambr li. 5. cit ep 33. ad Marcellinam sororem Mandatur denique Trade Basilicam c. To be briefe the Emperours commaund is Deliuer vp the Church I answer it is neither lawfull for mee to deliuer it nor expedient for thee O Emperour to take it Thou canst by no law spoile or ransake the house of any priuat man and thinkest thou that the house of God may by thee be destroied and ruinated It is alleaged that to the Emperour all thinges are lawfull all thinges are his I answer doe not ô Emperour charge thy selfe as to thinke that thou hast Imperial right ouer diuine thinges Do not extoll thy selfe but if thou wilt raygne longe be subiect to God It is written Mat. 22 What is Gods to God what is Caesars to Caesar To the Emperour Palaces do belong to the Priests Churches To thee is committed the care and charge of publick walles not of those that be holy If S. AMBROSE would not yeeld a Church or Chappell to the Emperours disposition would he if he had liued in King HENRIE the Eight his time and in England haue permitted him to seaze vpon all Abbayes Abbay lands and Churches belonging vnto them Or would he or S. ATHANASIVS or HOSIVS haue permitted him to sitt in Parlament as supreme Iudge in matters not only temporall but Ecclesiasticall or if they had seene Cromwell appointed King Henrie the Eights Vicaire Generall in Spirituall causes taking place aboue all the Bishops and Archbishops in their Conuocation would not ATHANASIVS haue called it the Abomination of desolation 14. Bilson in his Difference pa. 174. Andr. in Tortura Tortipa 169. Field li. 5. de Eccles cap. 53. To this Argument Doctour BILSON Doctour ANDREWES and Doctour FIELD answere that Constantius and Valentinian the younger were reprehended by these Fathers not for medling in Councels and Ecclesiasticall affaires but for tyranizing ouer Bishops and for partiall and vniust dealing But if these Fathers had meaÌ„t no otherwise they would not so absolutly haue reprehended medling in Ecclesiasticall matters but would onlie haue inueighed against the abuses For if a Pope who is in deed Head of the Church should abuse his Authoritie in Councels or Ecclesiasticall Iudgments though euen a Catholick who takes him for supreme Head might reprehend the abuse Athan. supra yet he could not saie to him as ATHANASIVS did to Constantius If this be the Iudgment of Bishops what hath the Pope to do with it Nor could he say to the Pope as he did to the Emperour VVhen was it euer heard from the beginning of the world when did the Iudgment of the Church take Authoritie from the Pope Neither could he haue sayd to the Pope Hosius supra as HOSIVS sayd to the same Constantius VVhen was the Emperour present to wit as Iudge for as Protectour and hearer he knew and saw CONSTANTIN the Great present in the Councell of Nice in Ecclesiasticall Iudgments Neither could he haue sayd to the Pope as the same HOSIVS saieth to Constantius Do not intermeddle in Ecclestasticall businesses nor do thou command vs in this kind but rather learne these thinges of vs. Much lesse could those wordes of S. AMBROSE Ambros supra which he so bouldlie spake to Valentinian haue been sutable to the Pope or any supreme Head Ecclesiasticall VVhen didst thou heare ô most Clement Emperour Pope that any of the laitie Clergie Iudged Bishops in a cause of faith Much lesse could these other words of S. AMBROSE haue been fitting a Pope or any supreme head Ecclesiasticall A good Emperour Pope is in the Church not aboue the Church Nor could S. AMBROSE haue denyed so peremptorily to deliuer a Church or Chappell to the Emperour if he had deemed him supreme head of the Church much lesse could he haue alleadged that reason of his denyall To the Emperour Pallaces appertaine to the Priest Churches for if the King be supreme Heade of the Church then Churches pertaine to him as well as Pallaces 15. But let vs heare another Father S. Chrysost ho. 4. de verbis Isaiae 2. Paral. 26. CHRYSOSTOME pondering the audacious fact of King OZIAS who in the pride of his power victories and former vertues arrogated to him selfe the Priests office hath these words Rex cum esset Sacerdotij Principatum vsurpat Volo inquit adolere incensum quia iustus sum Sed mane intra terminos tuos alij sunt termini Regni alij termini Sacerdotij Being a King he vsurpeth the power of Priesthood I will sayth he offer incense because I am iust But stay within thy limits Others are the bounds of the Kingdome others of the Priesthood If then the King hath his limits prefixed and contained within the Kingdome it followeth that he cannot intermeddle him selfe as a superiour in Ecclesâ—asticall causes but he shall passe his limits The same Father in his next Homelie hath these words Chrysost hom 5. de verbis Isaiae which are worthy the marking Quanquam nobis admirandus videatur Thronus Regius ob gemmas affixas aurum quo obcinctus est tamen rerum terrenarum administrationem sortitus est nec vltra potestatem hanc praeterea quicquam habet Authoritatis Verum sacerdoti Thronus in Coelis collocatus est de coelestibus negotiis pronunciandi habet potestatem Although the Kings Throne seemes to vs worthy to be admired for the pretious stones wherwith it is besett and the gould wherwith it is couered yet the King hath only the administration of terrene things neither hath he beyond this power any further Authoritie But to the Priest a throne is placed in HeaueÌ„ and he hath power to pronounce senteÌ„ce of heauenly businesses and affaires appertaining vnto heauen 16. Tenthlie I proue this veritie by the Arguments wherwith in the former Chapter I haue prooued that Kings Christian by baptisme are made subiects of the Church as much as is the lowest Christian and that not onlie Popes but inferiour Bishops haue challenged superiority ouer them which also Princes from the beginning haue euer acknowledged For if Princes in matters Ecclesiasticall be
Prieste and commandement of the Emperour And therfore when S. AMBROSE sayth Dolere potero poteroflere c. I may be sorie I may weepe I may groane Against armes souldiours and the Gothes my teares are my weapons For such are the armes and defences of the Priest Other wise I neither must nor can resist VVhen I say S. AMBROSE saith that he hath no other armes but teares and prayers hee meaneth only that the ordinarie weapons of the Church are Spirituall but denieth not but that in an extraordinarie case the Church and Chiefe Pastour may vse Temporall armes when spirituall weapons are not sufficient CHAPTER X. The same verity is confirmed by the practise of the Church in punishing heretickes temporally with losse of goods liberty and liues 1. THe Church is a Citie on a Hill Matt. 5 and therfore so illuminated by the Sonne of Iustice that no cloud of errour can obscure or endarken her Mat. 16. Shee is builded on a Rocke so surelie that the gates of hell heresies can neuer preuaile against her 1. Tim. 3. Shee is the pillar of truth and therfore can not maintain any vntruth Shee is the Spouse of Christ Osee 2. and so priuie to all his secrets Shee is so guided by her Head Christ Iesus so directed by his and his Fathers spirit the Holy ghost that she can not erre either in her definitions or generall practises and customes and therfore S. AVGVSTINE saith that to call in question quod tota per orbem frequentat Ecclesia Aug. ep 118. that which the whole Church through out the world practiseth is insolentissima insania most insolent madnes Amongst other of her practises one is and that verie auncient and generall to punish by sword or fire or els by Temporall mulctes an obstinate Hereticke And therfore to doubt whether it be lawfull or no August ep 48. 50. l. Mâ—nichaeos l. A riani l. quicunque C. de haeret Cap. ad abolendam Ca. vergentis c. excoÌ„municamus 1. 2. de haeret is by S. AVGVSTINES rule most insolent madnes This practize I know pleaseth not hereticks no more then the execution of Iustice is liked of Malefactours And therfore the a August li. 2. contra epist Parmen ca. 7. lib. 2. contra lit Petil. cap. 10. lib. 2. coÌ„tra ep GaudeÌ„t cap. 17. 26. Donatists and b Ioan. Huss art 14. Constantia damnat Hussits in times past and of late c Luth. in Assert a. 33. Luther to saue their owne skinnes stifly stand to it that the Church cannot punish hereticks Temporally especially with death and the same d In Assart art 33. Luther in one of his articles condemned by LEO the Tenth sayth haereticos comburi estcontra voluntatem spiritus that heretickes should be burned is against the will of the spirit To whom not withstanding Caluin in practise subscribed not for he caused Michael Seruetus to be burnt reseruing for him selue his goulden Chaine as e Resp pag. 54. Restius reporteth both he and Beza by and by published in print that it is lawfull to vse the Temporall sword against Hereticks which also Benedictus Aretius alloweth in his historie De supplicio Valentini Gentilis And certes that Hereticks may be temporally punished by the Church I haue alreadie prooued by many places of scripture especiallie out of the olde Testament out of which I may argue for the Churches practise with S. Ciprian Cypr de Exhort Martyrij cap. 1. Si ante aduentum Christi circa Deum colendum Idola speruenda haec praecepta seruata sunt quaÌ„to magis post aduentum Christi sunt seruanda quando ille veniens non verbis tantum nos hortatus sit sed factis If before the Comming of Christ those precepts were obserued touching the worshiping of God and reiecting of Idols how much more are they to bee obserued after the coming of Christ seing that hee coming hath not exhorted vs onlie by words but also by deeds Aug ep 48 et 50. S. AVGVSTIN speaking of the hereticks of his time sayth Videte qualia faciunt qualia patiuntur Occidunt animas affliguÌ„tur in corpore See what things they do and what they suffer they kill soules and are punished in bodie they kill sempiternally Lib. 2. coÌ„tra lit Petil â—a 7. li. 1. contra Parm. cap. 7. Concil Calced Act. 1. Anton. 3. pâ—tit 19. c. 1. §. 4. and suffer Temporall deathes And in diuers other places he prooueth that they may be punished Temporally though once he was of opinion that they should not be forced by the sword but persuaded onlie by the word Dioscorâ—â— Bishop of Alexandria in the first Action of the Councell of Calcedon Si Eutyches praeter dagma Ecclesiae sapit noÌ„ solum paenâ dignus est sed igne If Eutyches thinke otherwise then the Church teacheth he deserueth not onely to be punished but also to be burned VVhereupon S. Antonine reporteth that in the time of INNOCENTIVS the Third no lesse then a hundred and fourescore Hereticks of the Albigenses were burned for obstinat and pertinacious maintaining of their damnable sect Concil Constat sess 15. art 14. And in the Councell of Constance IOHN HVS and HIEROM of Prage were condemned to the same death In praem Concil Nicen. Sozom. li. 1. c 20 Sòcr li. 1 cap 6 Niceph. li. 8. cap. 18. can Ipsapietas 23. qu. 3 l. Quicunque C de haeret Et ca. ad abolendam ca. vergeÌ„tis c. excom municamus v. c. absolutos de haret Concil Lateran sub Innâ—c 3. can 3. l. Cuncti l. Ariani l. Manichaeos C. de heret and ended their miserable life by fire VVhere also Hvs his fourtenth Article in which he affirmed coÌ„trarie to this practise that the Prelats of the Church in deliuering Hereticks to secular power were like to the Scribes and Pharisees who procured Christs death and yet said Nobis non licet interficere quenquam It is not lawfull for vs to kill any was condemned Certes in the Councell of NICE ARRIVS bookes were commanded to be burnt vnder paine of death as he and his followers were banished In THEODOSIVS the Emperours time hereticks were mulcted and punished in their purses And after MARTIAN and VALENTINIAN decreed punishment of death against them The Common law also is full of Temporall punishments prescribed for hereticks They are deliuered vp to the secular power to be punnished according to the Emperours lawes their goods are confiscated Aduocates and Notaries that fauour them are sufpended from their offices and made by the law infamous for euer They are depriued of the right of making their last Will and Testament or succeeding by Testament and are condemned to perpetuall prison Finally those that were bound to Hereticks are freed from their bonds 2. If VViddrington answer that this Argument prooueth onlie that Hereticks may be punished yet not by the
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
haue saied of the knowen respect the Kings of England euer before bare to the Pope and the Apostolicall Sea 14. Seuenthlis I prooue this by the ancient Ceremonies of kissing the Popes feete and other Homage which no good Christian though a King or Emperour hath euer disdained fulfilling therein the prophecie of Esay Quam speciosi pedes Euangelizantis pacem How beautifull are the feet of him that Euangelizeth and preacheth peace Esay 52. And following therin the example of the three Kinges Matt. 2. who adored Christ and of the prime Christians who brought the price of their Lands to the feet of the Apostles Act. 4. 5. Act. 10. Phocius in Nomo con Cap. Constantinus dist 96. Naucler lib. 2. gener 18. Blond li. 10. Mart. Polonus Platina in Steph. 2. S. Ansel Luc li. 1. Collecta Plat. in Adria 1. Baro. to 12. anno 1130. Platina in Eugenio IV. and of Cornelius that fell at Peeters feet CONSTANTINE the Great Greater for his humilitie then for the greatnes of his victories and Emperie honoured the Pope as his Pastour and superiour and bestowed great temporall honour and Regalities vpon him IVSTINIAN the Great in the yeare 535. adored AGAPETVS Pope IVSTINIAN the second crouching to Pope CONSTANTINES the first feete embraced him King PIPIN going to meete Pope STEEVEN who was going to him into France for helpe kissed his feet and ledd his horse by the bridle into the Court and pallace CHARLES the Great would not be hindred by Pope ADRIAN the first from kissing his feet as Platina writeth LEWIS King of France and HENRIE the second King of England kissed humblie the feet of INNOCENT the second SIGISMVND the Emperour in the Councell of Constance worshipped Pope MARTIN prostrate vpon the ground ALBERT Emperour of the West and IOANNES PALEOLOGVS Emperour of the East vsed the same submission to EVGENIVS the fourth in the Councell of Florence 15. By this which hath bene said who is of so little insight that seeth not how Princes are and ought to be subiect vnto the chiefe Bishop and highest visible Pastour of the Church which if Princes also could see as their conceipt of their owne Authoritie many times hindreth them from seeing they would not encroach vpon the Church as they doe they would not contemne her lawes but honour them as Oracles they would not despise the Churches Pastours but would as the auncient Christian Princes were wont to do honour them aboue all terrene Potentates 16. And would to God our noble soueraigne King IAMES had bene trained vp in the schoole of Christs Catholike Church in which our ancient Kings his Predecessours learned their dutie towards the Pope that rare and deepe iudgement of his would neuer haue permitted him to thinke a Temporall King as great as the Pope In praf monitor pag. 5. to whom his Predecessours subiected their persons Kingdomes Crowns and Scepters it would neuer haue sunke into his learned head that the Pope should be Antichrist and consequentlie all his Predecessours the Kings of England yea of Christendome so wise so pious so warlike so victorious worshippers and fauourers of Antichrist he would neuer haue incited the Emperour and Christian Princcs In praef monitor to curbe him restraine him and to diminish that his Authoritie which not they but Christ gaue him by which he hath put the crowne vpon many an Emperour and Kings head by which all Christian Kinges and their Kingdomes haue bene maintayned in Religion wealth and prosperitie against which Authoritie no temporall stares haue long preuailed but like waues against the Rocke by persecuting it haue wasted and ruined them selues which Authoritie was not giuen him ex prima intentione to take away temporall Kingdomes from any vnlesse by euill comportement they make them selues vnworthie of all rule and humane societie but rather to conserue them and to adde vnto them a new Crowne and Kingdome of Heauen for non eripit mortalia qui regna dat Coelestia he that giueth to man heauenlie thinges goeth not about to take away from him those that be earthlie Imploie then ô noble soueraine your rare witt power and force to defend and protect this Authoritie not to impugne it shew your self worthie that Title of a Defendour of the faith which was giuen to your Predecessours by the Sea Apostolick not for impugning but for defending her faith and Authoritie Seeke not to sacke and rase that Citie which is built vpon a Rocke Thinke not to preuaile against that Church against which all the persecutions schismes and heresies that haue beene raised against her no nor the forces or gates of Hell could hetherto or shall euer here after preuaile Seeke not to sinke the shippe which PETER ruleth and at whose sterne CHRIST him self sitteth It may be by Gods permission tossed with windes waues and Tempests but it can neuer be drowned for as Pope GREGORIE the ninthe once tould an Emperour that thought by humane force and policie to sincke her Cuspinianus in Frederice Niteris incassum nauem submergere PETRI Fluctuat at nunquam mergitur illa ratis Thou striu'st in vaine S. PEETERS ship to sinke Floate may it well to drown it neuer thinke CHAPTER VI. That Princes Kings yea Emperours haue no authority to gouerne the Church or to make Ecclesiasticall lawes neither to be accounted heads or Superiours but subiects of the Church though protectours and defendours and therefore are modestly admonished of their duty and office 1. ALmightie God as he hath instituted two powers terrene and spirituall Ciuill and Ecclesiasticall and hath distinguished them in Natures obiects functions ends so to auoid confusion he hath placed them in diuers subiects The terrene power he hath giuen to Princes and Magistrates the spirituall and Ecclesiasticall to Priests Prelats and Pastours as aboue we haue seene For although there be no such naturall repugnancie but that these powers may consort in one Ep. 126. ad Euag. and the selfe same person for as S. HIEROME sayth in the law of Nature the first begotten of euerie familie were Priests and Temporall Lords Melchisedech also and Moyses and the Machabâ—et were Priests and Princes yet it is most conuenient that these two powers should be separated the King and Prince by reason of his warres and Temporall Affaires wherwith he is intangled being not so apt to menage matters of the Church and Religion the Prelate and Pastour being by office obliged to attend to diuine matters from which the menaging of common wealthes affaires would much distract him And therfore as the Church came to greater perfection Num. 27. so were these offices giuen to distinct officers For IOSVE was made Captaine and Commander in Temporall things 2. Paralip 19. ELEAZAR was the High Priest and chiefe in matters of the Church AMARIAS the High Priest commanded in his quae ad Deum pertinent in matters pertaining to God and ZABADIAS was deputed to the gouernment of those thinges that
c. 8. who reporteth the Emperour to haue saied Mihe negotiis occupato Reipublicae curis distento res huiusmodi inquirere non facile est It is no easie for me who am busied with businesses and distracted with the cares of the Common wealth to take notice of these matters as though the Emperour had authoritie to meddle in Councels but was not at leisure yet the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with Doctour ANDREWES leaue Tortura Torti pag. 174. signifieth not facile but fas as he may see in BVDAEVS and consequentlie that the Emperor meant that it was not lawfull for him to intermeddle in such matters And this meaning NICEPHORVS his next words do argue When he sayth Vos autem quibus haec procuratio mandata est But you to whom this procuration is committed The same meaning also do ZOZOMENVS his owne words following insinuat Et ideo Sacerdotes Episcopi quibus haec curae sunt c. And therfore Priests and Bishops who haue care of these thinges So that the Emperour meant that he could not onlie not be at leisure but also that it was not lawfull for him to meddle in Councels Yea he was so farre from intermedling in Ecclesiasticall matters that when the Bishops assembled at Milan desired him to nominate the Bishop of Milan he wrote to the Bishops to choose such a one as to whom said he we that gouerne the Empire may incline our heads because saith he supra nos est talis electio such an Election passeth our Authoritie 16. Ninthlie This the ancient Fathers haue taught and told euen Emperours to their faces ATHANASIVS Epist ad soli vitā agentes Si istud est iudicium Episcoporum quid commune cum eo habet Imperator c. If this belong to the Iudgement of Bishops what hath the Emperour to do with it And a little after Quando à condito aeuo auditum est quando Iudicium Ecclesiae Authoritatem suam ab Imperatore accepit aut quando vnquam hoc pro iudicio agnitum est Plurima ante haec Synodi fuere multa Iudicia Ecclesiae habita sunt Sed neque Patres istiusmodi res principi persuadere conati sunt nec Princeps sein rebus Ecclesiasticis curiosum praebuit VVhen from the beginning of the world was it hearde when did the Iudgement of the Church take her Authoritie from the Emperour Many Synods before these tymes haue been many Iudgementes of the Church haue been giuen But neither did the Fathers persuade the Prince to meddle in those matters neither was the Prince so curious as to entermeddle in Ecclesiasticall matters Yea in the same Epistle he addeth Quis enim videns eum Constantium in decernendo Ibidem Principem se facere Episcoporum praesidere Ecclesiasticis iudiciis non merito dicat illum eam ipsam Abominationem desolationis esse For who seing him Constantius making him selfe Prince of the Bishops in decerning and bearing Authoritie ouer Ecclesiasticall Iudgements may not worthilie say that he is the Abomination of desolation And in that very Epistle he often tymes calleth CONSTANTIVS the Precursour of Antichrist for arrogating Authoritie in Councelles and ouer Bishops and for entermeddling in matters appertaining to the Church HOSIVS Cordubensis Athan. Apol. pro fuga purum ab initio whom Athanasius calleth vere Osium that is a Saint and of whom he giueth this commendation In what Synode was not hee the Captaine and Ringleader VVhom did not hee by defending the truth draw to his Opinion VVhat Church doth not keepe the monuments of his Presidence HOSIVS I say thus highly commended by S. ATHANASIVS being vrged by Constantius to communicate with the Arrians and to subscribe against Athanasius Athan. epist ad soli vitam agentes wrote vnto the Emperour in this manner Beleeue mee sayth he who may be thy Grand father I was in the COVNCELL of SARDIS when thou and thy Blessed brother CONSTANS called vs thether c. VVhat Bishop there was banished or when did he entermeddle him selfe in Ecclesiasticall Iudgements And then he giueth th' Emperour this holsome Counsell worthie to be followed of all Princes Desine quaeso memineris te mortalem esse c. Leaue of I pray thee and remember that thou art a mortall man Feare the day of Iudgement Keepe thy selfe pure for that day Do not entermeddle thy selfe in Ecclesiasticall matters nor do thou commaund vs in this kinde but rather learne those thinges of vs. God to thee hath committed the Empire to vs he hath giuen the charge of thinges belonging to the Church and as he who with maligne lookes carpes at thy Empire contradicteth the diuine Ordinance so do thou take heed least drawing that which appertaineth to the Church vnto thy selfe thou be made guiltie of a great crime Giue it is sayd to Gaesar what belongeth to Caesar and what appertayneth to God to God VVherfore neither is it lawfull for vs to holde the Empire in earth neither hast thou O Emperour power ouer the sacrifices and holyes Ambros lib. 5. op 32. ad Valens These thinges I write for the care I haue of thy Saluation c. S. AMBROSE hath manie notable sentences vttered by him with libertie and plainesse worthie such a Prelat Writing to VALENTINIAN the younger who by the Instigation of his mother vrged him to a disputation or conference in matters of Religion in the Consistorie before the Emperour he refused because the Emperour had nothing to do in such matters neither saith he to Valentinian the younger ought any to iudge me contumacious seing that I affirme that onlie which thy Father of August Memorie did not only answere by speech but also by his lawes decreed to wit In causa fidei vel Ecclesiastici alicuius ordinis eum iudicare debere qui nec munere impar sit nec iure dissimilis Haec enim verba rescripti sunt Hoc est sacerdotes de sacerdotibus voluit iudicare That in a cause belonging to faith or to Ecclesiasticall order hee should giue Iudgement who is neither inseriour in office nor in Right vnlike For these are the words of the Rescript That is he would haue Priests to Iudge Priests And a little after Quando audisti Clementissime Imperator in causa fidei Laicos de Episcopo iudicasse c. When didst thou heare ô most Clement Emperour that laymen Iudged a Bishop in a cause of faithe and againe Pater tuus Deo fauente vir maturioris aeui dicebat Non est meum iudicare inter Episcopos c. Thy Father who by Gods fauour was a man of riper age sayd It is not my office to Iudge between Bishops thy Clemencie sayth I must Iudge And he being baptized in Christ thought him selfe vnable to beare such a waight of Iudgement thy Clemencie of whom the Sacraments are yet to be deserued Orat. in Auxent quae sequitur epist citatam arrogateth iudgement in a
against God and his Churches right and honour VVherfore seeing that by this oath the true and lawfull Authoritle of your chiefe visible head and Pallour is abiured as this booke will make plaine vnto you imitate the wise serpent expose bodie liuings libertie and all for the defence of your Head and if your zealous Pastour and Primat S. THOMAS of CANTERBVRIE indured banishment reuilings contumelies iniuries and at length death it self for the defeÌ„ce of the rights of the Church how much more should you constantlie endure for the defence of the Head of the Church 18. And although Widdrington telles you and as he would seeme as a freind and one that hath care of your temporall estates that you are not bound to loose any penny for the Authoritie of the Pope which this oath abiureth yet I desire you to coÌ„pare VViddrington to those Allens Card. Allan in his Answ to the libeller Hardings Sanders Bâ—istowes Stapletons who had as great a care of your temporall and more of your spirituall estates and yet wrote and taught that the Authoritie which this oath abiureth is to be defended with hazard of liuings and life To these I'desire you to adde the CouÌ„cels not only Prouincial but also General which in their decrees haue defined this authoritie the Popes so many so learned so holie who haue exercized it vpon rebellious Princes the Kings and Emperours though most herein interessed who haue acknowledged it the arguments also deducted out of Scripture and Principles of faith and Diuinitie which do conuince it all which this booke will make known vnto you and lastly the fatherlie admonition of your most Holie Father and chiefe visible Pastour PAVL by the Grace of God the fifte of that name who as by office he hath a generall charge and care of all Christian Nations so hath he a particular care not only of the spirituall but also of the temporall estates of all English Catholikes as our Colledges haue and do daiely experience and consequentlie would not expose your temporall estates to the furie of the persecutour by forbidding you this oath if as he telleth you it did not containe thinges which can not be sworne without euident and grieuous wronging of Gods honour and which are flat contrarie to faith and saluation Paulus 5. in Breu. And therfore seeing that hee like a wise and carefull Phisitian hath more care of your health then of contenting your tast and humour and VViddrington contrariewise permitteth you that which is pleasing to flesh and bloud not so much respecting how preiudicious it is to your soules health if you will preferre heauen before a temporall estate and the soule before the bodie you must also preserre your Holie Fathers counsel and admonition especiallie grounded in such authoritie before all the smooth and soothing prescriptions in the world warraÌ„ted by onlie Widdringtons and some few obscure Authors authoritie for although he alleadgeth often the Doctors of Sotbon and all the state of France yet by the late resistance made by the Clergie and nobilitie of France against the like Oath who seeth not how he abuseth his reader and iniureth that noble Monarchie 19. But put the case you should preferre VViddringtons counsel before your chiefe Pastours admonition and all the authoritie alleadged neither so what soeuer he beareth you in hand should you saue your temporall estates or decline persecution For to omitte that if you had at the first iointlie and couragionslie resisted the oath it is like you should neuer haue been so hoatlie pressed with it if now you should all resolue to accept of it neither so should you auoide persecution For as I haue tould you perchaunce your yeelding in this point hath prouoked your heauenlie Fathers wrath and induced him in this his so iustlie conceiued anger to vse or permitt still the rodd of persecution which otherwise he was readie to haue layed aside and the persecutour who proposeth this oath not seeking so much the Princes securitie which rather hereby as I haue shewed in the last chapter of this booke is more endaungered as the molestation of your Consciences and the pillage of your goods would not though you should accept of this oath surcease therfore from persecution but if he could not by this meanes molest your consciences and ruine your estates he would try other meanes as to compell you to their Churches or prophane Communion And this you may gather by his sorrow he shewed when in the beginning so many of you yeelded to take this oath and by this also that many who haue taken this oath can not so free them selues from molestation because nothing but your goods and miseries can satisfie the vnsatiable crueltie of bloudie persecutours And so by yeelding to this oath as you prouoke Gods greater anger so you moue the persecutour to no compassion rather you make him more insolent and redouble your owne miserie But suppose you could thus shake of this hâ—auie yoke of persecution yet it beeing vnlawfull as your chiefe Pastour and â—earnedst Doctours teach you as hetherto rapinam bonorum vestrorum cum gaudio suscepistis cognoscentes vos habere meliorem manentem substantiaÌ„ Heb 10 the spoile of your owne goods you haue taken with ioy knowing that you haue a better and permanent substance so do you perseuere and continue And if God permit the persecutour to prey not only on your goods but also on your liues yet nolite timere eos qui occidunt corpus animam autem non possunt occidere c. Matt 10. feare not them that can kill the bodie and are not able to kill the soule but rather feare him that can destroy both soule and bodie into Hel. 10. Many thinges do make this oath vnlawfull as you will easilie perceaue by the briese examination which the last chapter of this treatise maketh of it but if there were nothing but this that it is an vncouth and vnwonted oath neuer yet proposed by any Prince vnto his subiects and proposed also by the professed Enemies of Gods Church all Catholikes that feare to offend God or to doe iniurie to the Church and her right and authoritie ought to holde it as suspected and as such to shunne it and auoyd it For it is no new thing for heretikes vnder colour of oathes of fidelitie and ciuil alleageance to deceaue the well meaning and nought-suspecting Catholike VVee read in the historie of the persecution of the Wandalles Victor Vticen lib. 3. de pers Vand. how Hunnericus proposed such an oath to the Catholike Bishops assembled together at Carthage preteÌ„ding onely therby to assure him selfe of their sidelitie towards him and his sonne that was to succeede him which if they would take he premised to send them home to their Churches The oath seemed â—â—rie reasonable and was no other then this Iurate si post obitum Domini nostri Regis eius filium Hildericum desideratis esse Regem vel si nullus vestrum ad Regiones
transmarinas epistolas diriget Sweare whether after the death of our Lord the King you desire that his sonne Hildericus should be King or that none of you will wrâ—â—e or send letters beyond the seas At this oath though in shew altogether lawfull the Catholike Bishops staggered and some of them suspecting all that cometh from the Enemies of Gods Church flatlie refused it others least the people should say that vitio sacerdotum qui iurare noluerunt non fuerint Ecclesiae restiturae by the fault of the Priests that would not sweare the Churches were not restored accepted of it But by and by appeared the hidden malice of the persecutour for he tooke aduantage thereby as well against those that swoare as those that refused to sweare To them that swoare his officers sayd VVhy against the commaundement of the Ghospell haue you â—Worne The King commaunded that you should neuer visit your Cities and Churchs againe but that being banished you should take lands to till colonatus iure by right of farmers and new Inhabitants yet with this condition also that you neither sing seruice nor pray nor carrie booke to reade nor Baptize nor giue orders nor reconcile any To them that refused to sweare they sayd quia regnum filii Domini nostri non optatis idcirco iurare noluistis c. Because you desire not that the sonne of our Lord the King should raigne after his Father therefore you would not sweare For which cause you are commaunded to be banished into the â—e of Corsica to hew trees for the Kings buildings So that in extraordinarie oathes the hereticall Magistrate hath sinister intentions and hidden meanings and vnder faire pretences coucheth malice and therfore all such oathes are by zealous Catholikes to be suspected much more this oath which in so plaine wordes abiureth the Popes lawfull authoritie which Councels and chiefe Doctors do giue him and which he hath practised so many yeares without contradiction of all sauing heretikes schismatikes and some few obscure authours ought to be houlden as suspected and as such of all timorous consciences to be auoided 21. VVherfore worthy Catholikes vse the benefit of persecution for that your good to which by God it is ordained or permitted let it serue for a winde to blow away your chaffe of Imperfections not to scatter the solid wheate of your faith charitie zeale feruour and constancie let it serue for a red sea to passe to the land of promise with the Israelites not to drowne you with the Aegiptians let it serue for a gale of wind to set you onward to the hauen of heauen not for a boysterous blast to driue you on the rockes of scandall let it serue for a blast to enkindle not to blow out your fier let it serue for a fire to purge you like gould not to melte and consume you like wax or lead to harden you as vessels sit to receaue Gods spirit and to carrie his name not to breake you in the heating And my dearest I vse S. PETERS words nolite peregrinari in feruore qui ad tentationem vobis sit quasi aliquid vobis contingat 1. Pet. 4. Thinke it not strauÌ„ge in the feruour which is to you for a tentation as though some new thing happened vnto you It is no new thing for the seruantes of God to suffer persecution but comfort your selues that in suffering for Instice you are companions to Christ the Prophets Apostles and Martyrs Take heede that none of you suffer for disloyaltie or ill demeanour but whosoeuer suffereth as a true Christian that is as a Catholicke Romane for these two alwayes go together let him not be ashamed but let him glorine God 1. Pet. 2. for such suffering is but to purge him to try him to associat him to Christ and his faith to marke him for one of Christs souldiers to conforme and configurate him here to Christ patient that he may be coÌ„figurated in heauen to Christ triuÌ„phant VVherfore plucke vp your hartes and call to mynd your former victories hetherto you neuer encountred but you ouercame and prooued stronger theÌ„ all the Tibornes rackes and Gibbets then all the Engines and Ministers of crueltie doe not now by dastardie and cowardlike yeelding obscure your former glorie and mortifie your former merites but seing that you haue of humane frailtie yeelded in this one point let this your disgrace and foile receiued thereby serue for a busset of Satan to humiliate you with S. PAVL 2. Cor. 12. least the greatnes of your reuelations as it is a reuealed doctrine to count it honour and felâ—â—itie to suffer for Christ might extoll you let it serue for a memoriall to put you in mynd that heretofore by Christ and his graces not by your own force you ouercame let it serue as a Monitour to admonish you sitting in the triumphant chariot of your former victories that you are of your selues but mortall and frayle men let this fall make you rise with a rebounde to greater courage then euer that so all thinges euen falles may cooperate to your good Rom. 8. 22. But my zeale of your Honour VVorthie Catholickes hath transported me and made mee not only to exceede the limites of an Epistle but also to be more officious then perchaunce gratefull to some who may thinke that if I knew or at least fealt the miseries which they endure I should rather condesceÌ„d vnto them with VViddrington then vrge them so much to refuse this oath whose refusall is so daungerous to their persons and pernicious to their estates But I haue for such an answer in readines to wit that I am not ignorant of your extreame afflictions and that as I protest I neuer thinke of your sufferances seriouslie but I suffer with you sensiblie and would if so I might ease you spend my blood and hazard my life euen for a relaxation from your temporall miseries but being perswaded as I am and standing vpon so sure grounds as this Treatise will manifest vnto you as that Phisition were vnworthie his Profession that would prescribe onely such Phisick to his patient as is pleasing to his tast not caring how contrarie it be to his health so if I with a VViddrington would seeke to soothe and sute a worldlie humour and so my speeches be pleasing to flesh and bloud little regard the health and state of your soules and securitie of your consciences I were vnworthie the roome I fill the person I sustaine and the function of a Spiritual Physition which I haue vndertaken VVherfore if my Physick be distastfull refuse it not it being healthfull neither be you angrie with the Physition for prescribing so bitter a potion he therby intending your good and if my speeches seeme too plaine thinke they are sincere and spoken out of loue if sharpe and byting persuade your selues that meliora sunt vulnera diligentis quà m fraudulenta oscula odientis Prou. 27. Better are the wounds of him that loueth then the fraudulent kisses of him
as God preuented the Iewes and whereas they by lawe of Nature had permission to choose their Kinges yet for their greater good he chose thē one him selue immediatelie so although by the lawe of Nature men otherwise might haue prescribed the manner of worshipping God and the worship had been lawfull so that it had been the worship of the true God and had been free from superstition yet because God hath ordained vs to a supernaturall end and would haue our Ecclesiasticall gouernment free from all superstition he hath himselfe appointed the manner of gouernment and hath giuen the Authoritie So in the lawe of Moyses he chose the Tribe of LEVI to serue in the Tabernacle and Temple and to menage Ecclesiasticall matters he instituted also sacrifices sacramentes and Ceremonies in like sort in the new lawe of Grace vnder which we liue he committed the gouernment of his Church to the Apostles and Disciples only and their successours he instituted seuen Sacramentes and a sacrifice he gaue vs a lawe and beleefe which first he deliuered by preaching then by the written Ghospelles and Epistles of his Apostles and other thinges he committed to the Church which he had instituted and established 5. So that as there is a Ciuill and Temporall Power residing in the Common wealth by which the Prince or Magistrate can gouerne and rule and cōmaund for the conseruation and promotion of the Temporall good of the same so is there a spirituall and Ecclesiasticall Power residing in the Church by which the Pastours haue Authoritie to preach teach administer Sacraments determine of matters of Religion to call Councelles for the better clearing of matters and enacte lawes which shall be thought expedient vnto the honour of God the spirituall good of the Church and euerie ones saluation And this is called Ecclesiasticall power which is distinct from the Temporall in many pointes 6. First in respect of the end and finall cause for Temporall power of it selfe aymeth only at Temporali Iustice peace and conseruation of the Temporall state of the Kingdome or Common wealth Ecclesiasticall power intendeth in this life the spirituall health of the soule and eternall rest and peace in the next Secondlie these powers haue diuers Actes and seing that powers are distinct by their Actes it followeth that Temporall and Ecclesiasticall or spirituall power are distinct That they haue distinct Actes it is manifest for the Temporall power maketh lawes for this corporall life and Temporalle state but the spirituall and Ecclesiasticall power maketh lawes for the soule and her direction the Temporall power remitteth the paines only of sinnes but the spirituall Power remitteth the sinne it self according to that Ioan. 20 Quorum remiseritis peccata c. VVhose sinnes you shall forgiue c. The Temporall power inflicteth and remitteth only Ciuill and Temporall punishments as imprisonment banishment temporall death but the spirituall power as now it is for in the old law there was not Potestas Clauium excommunicateth suspendeth interdicteth which are spiritual punishments and bonds of the soule and remitteth not only these paines but also eternall death and paine of Hell for when the Priest remitteth mortall sinnes he chaūgeth eternall paine into temporall yea some times when the Penitent cometh with a great contrition he remitteth both Eternall and Temporall Thirdly they differ in their obiectes for the spirituall power disposeth not of Temporall thinges but only as they are necessary to the spirituall The Temporall meddleth not with spirituall nor Ecclesiasticall matters according to that of S. AMBROSE S. Ambr. lib. 5. ep 33. ad Marcel soror Ad Impetatorem Palatia pertinent ad sacerdotem Ecclesiae Publicorum tibi maenium ius commissum est non sacrorum To the Emperour Pallaces appertaine to the Priest Churches to thee Emperour the right of common Walles is committed not of Churches And NICHOLAS Pope in an Epistle to MICHAEL the Emperour Ca. Cum ad verū dist 96. Vide etiā ca. Quoniam d. 10. Nec Imperator iura Pontificum arripuit nec Pontifex nomen Imperatoris vsurpauit quoniam Christus sic actibus propriis dignitatibus distinctis officia potestatis vtriusque discreuit Neither hath the Emperour taken to him the rights of Bishops neither hath the Bishop vsurped the name of the Emperour because Christ hath distinguished the offices of both by their distinct actes and dignities Fourthlie they differ in respect of the subiect and materiall cause for although it be not impossible for these two Powers to consort in the same subiect for we see they did in Melchisedech and in the first begotten of the Iewes in the law of Nature and in the Machabees who were Priests and Princes and consequentlie had temporall and spirituall power yet as in other thinges these powers are distinct so God not only in the law of Grace but also in the law written of Moyses would haue these powers placed in distinct subiectes and Persons 2. Paral◠19. For in the law of Moyses AMARIAS menaged matters of the Church law ZABADIAS gouerned the affaires of the Kingdome the Kinges and Princes of the Iewes were of the Tribe of IVDA the Priests of the Tribe of LEVI and those gouerned onely the Common VVealth enacted Temporall lawes waged battaile c. whereas the Priests ruled it matters of the Tabernacle and Temple offered sacrifice and gouerned the Synagogue And now in the law of Grace Christ gaue all spirituall power to the Apostles and their successours and not to Princes for to the Apostles and their successours it was saied VVhatsoeuer you shall bynd vpon earth Mat. 18. shal be bound in heauen and whatsoeuer you shall losse vpon earth shal be loosed in heauen To Princes it was neuer sayd so To the Apostles and their successours it was sayd Ioan. 20. Whose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained To Princes neuer To S. PETER an Apostle and Priest it was sayed Mat. 16 Thou art Peter and vppon this Rock will I build my Church To no Prince was it euer sayd in that sort To Apostles and Priests Christ sayed Matth. vlt. Goinge therefore teach ye all Nations baptising them in the name of the father the sonne and the holy Ghost To Princes neuer To Apostles and Priests Christ said Ioan. 6. As my liuing father hath sent me so I send you that is to preach to minister Sacramentes and to gouerne the Church Ephes 4. To Princes neuer To the Apostles Doctours Pastours Prophets Christ committed his Church to be gouerned Act. 28. to Princes neuer To Priests S. Paul gaue this admonition Attendite vobis vniuerso gregi in quo vos Spiritus Sanctus posuit Episcopos regere Ecclesiam Dei quam acquisiuit sanguine suo Take heede to your selues and to the whole flocke wherin the holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased
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
Which no man can denie but that it is spoken with the Emperours honour for what more honourable then that the Emperour should be called the sonne of the Church And then say I if he be a sonne he is a subiect no lesse then the sonne to the father The same Doctour in a booke wrote of Priestlie Dignitie sayth yet more Honor sublimitas Episcopalis sayeth he nullis poterit comparationibus adaequari Lib. de dignit sacerd cap. 2. Si Regum fulgori compares Principum Diademati longè erit inferius quà m si plumbi metallum ad auri fulgorem compares quippe cum videas Regum colla Principum submitti genibus sacerdotum exosculatis ecrum dexteris orationibus eorum credant se communiri The honour dignitie and Highnes of a Bishop cannot be equalized by any comparisons If thou compare it to Kinglie lustre and the diademe of Princes thou shalt say lesse then if thou shouldst coÌ„pare lead to the glittering gould for as much as thou seest Kinges and Princes neckes submitted to the knees of Priests and theÌ„ selues kissing their right handes to be waranted by their prayers Hom. 4. de verbis Isaiae S. CHYSOSTOME Regi corpora commissa sunt sacerdoti auima Rex maculas corporum remittit sacerdos autem maculas peccatorum Ille cogit hic exhortatur Ille necessitate hic consilio Ille habet armasensibilia bic arma spiritualia Ille bellum gerit cum Barbaris mihi sacerdoti bellnm est aduersus Daemones Maior hic Principatus propterea Rex caput submittit manui sacerdotis vbique in veteri scriptura sacerdotes inungebant Reges To the King bodies are committed to the Priest soules The King forgiueth the punishments of the bodie the Priest the blottes and blemishes of sinnes He compelleth the Priest exhorteth he by necessitie this by counsell he hath sensible weapons this spirituall he makes warre against the Barbares I the Priest am to wage battaile against the deuils Greater is this Principalitie and therfore the King inclineth his head to the hand of the Priest and euerie where in the old Testament Priests did annoint Kinges And againe SiquideÌ„ sacerdotiuÌ„ Principatus est Hom. 5. de verbis Isaiae ipso etiaÌ„ regno venerabilius ac maius c. Because Priest hoode is a Principalitie and that greater and more venerable then the Kingdome Speake not to mee of the purple and diademe and goulden robes these all be but shadowes and more vaine then springe flowers Speake not to mee of these thinges but if thou wilt see the difference betwixt a King and a Priest way the power giuen to them both and thou shalt see the Priest fitting much higher in dignitie then the Kinge For a though the Throne of a Kinge seeme to vs admirable for the pretious stones wherewith it is couered yet he hath allosted him onely the administration of earthlie thinges But to the Priest a throne is placed in heauen and he hath authoritie to pronounce sentence in heauenlie businesses Who sayth so Mat. 18. The King of the heauens him selfe What soeuer you shall bynde vppon earth shall be bound also in heauen and whatsoeuer you shall loose vppon earth shal be loosed also in heauen What can be compared with this honour from earth heauen taketh the principall power of iudging For the iudge sitteth on earth our Lord folioweth his seruaunt and whatsoeuer he shall iudge heere below that he approueth aboue And a little after Eoque Deus ipsum regale caput sacerdotis manibus subiecit not erudiens quod hic Princeps est illo maior Siquidom id quod minus est benedictionem accipit ab eo quod praestantius est And so much God hathsubmitted the Kinges head to the handes of the Priest teaching vs that this Prince is greater then he for he that is lesse receaueth benediction from him that is greater Yea S. CHYSOSTOME giueth not only Bishops but also euen Deacons Hom. 33. in Matth hom 83. in eund Authoririe ouer Kings Si dux igitur quispiam saieth he si Consul ipse si qui diademate ornatur indignè adeat cohibe ac coërce maiorem tu illo potestatem habes If therfore any Capitaine or Consul if he that is adorned with a diademe approach vnworthilie keepe him backe and restrayne him thou hast greater power then he And to this purpose we read that S. Re. MIGIVS the Apostle of France Histoire de l'Eglise de Reins lib. 1. cap. 13. a little before his death commanded the Bishops to excommunicate the Kinges of France if they should waste or inuade the Churches But aboue all most forcible is the testimonie of Ignat. Epist ad Smyrn S. IGNATIVS an Apostles scholler who so extolleth Princelie dignitie that yet he giues the precedence vnto the Bishops authoritie Honora Deum sayth he vt omnium authorem Dominum c. Honour God as the Authour and Lord of all and the Bishop as the Prince of Priests bearing the Image of God and houlding his princedome of him and his Priesthood of Christ And after him you must honour also the King For none is to be prefered before God nor equal to him nor none more honourable in the Church then the Bishop exercising the Priesthood of God for the saluation of the world Neither is any equall to the King in the Hoste or Campe procuring peace and beneuolence to the other Princes vnder him For he that honoureth the Bishop shal be honoured of God and he that dishonoureth him shall of God be dishonoured For if any man rising against the King is worthie of damnation how shall be escape Gods Iudgements that attempteth any thing against or without the Bishop For Priesthood is the Chiefe and summe of all mans good which whâ— soeuer disgraceth dishonoureth God and our Lord IESVS Christ the Chiefe Priest of God 11. Sixtlie this I proue by Emperours and Kings proper confession who all of them haue acknowledged Bishops and especiallie the Chiefe Bishop of Rome their Fathers Pastours and superiours and those that haue supreame authoritie ouet them CONSTANTINE the Great in an â—ict of his shortely after his baptisme â—saieth thus Cap. CoÌ„stantinus 2. dist 96. Vtile iudicauimus c. vt sicut in terris Beatus Petrus Vicarius filij Dei videtur esse constitutus it a etiam Pontifices qui ipsius Principis Apostolorum vices gerunt Principatus potestatem amplius quà m terrenae Imperialis Nostrae Serenitatis mansuetudo habere videtur concessam à nobis nostroque Imperio obtineant Wee haue Iudged it profitable that as blessed Peeter is appointed the vicaire of the sonne of God in earth so also Bishops who are Vicegerents of this Prince of the Apostles should haue more amplie the power of principalitie graunted by vs and our Empire Ruffin lib. 1. cap. 2. then our terrene Imperiall Serenitie seemeth to haue And Russinus relateth how that when certaine Bishops assembled at
spoke in this manner If it was saied to Peter I will giue thee the keyes of heauen I say vnto you then that this is the Porter whom I will not contradict but as much as I know or can I desire to obey in all thinges his statutes least when I come to heauen gates there be none to open them to mee This sayd that Religious King and this was his respect to the Sea Apostolick Epist ad Ioan. III. KENVLPHVS King of the Mercians writing in his owne and all his Bishops Vide Malmes lib 1. de gest Reg. Angl. and Nobilities name beginneth his letter in this humble manner To my most holie and welbeloued Lord LEO the Romane Bishop of the holy and Apostolicke Sea Kenulph by the Grace of God King of Merchland with the Bishops Dukes and all degrees of honour with in our Dominions with health of most sincere affection in Christ and afterwards he saieth The sublimitie of the Sea of Rome is our health and the prosperitie therof our continuall ioy Because whence you haue your Apostolicall dignitie thence had wee the knowledge of the true saith VVherfore I thinke it sit that the eare of our obedience be humblie inclined vnto your commandements And then demanding the Popes benediction for the better gouernment of his people and resistance of forraine foes he addeth This blessing haue all the Kinges who swayed the Mercian Scepter deserued to obtaine at your Predecessours hands This same do I in humble manner request Malmes lib. 3. de gest is Pont in VVilfrido Malmes lib. 1. de gest Pōt Angl. Westm an 854. Bale Gent. 2. cap. 20. and desire to obtaine of you most holy Father first by way of adoption to receaue me as a child as I loue you in the person of a Father and shall imbrate you with the whole force of obedience And afterwardes he makes mention of a token of an hundred and twentie Mancuzes which he requesteth him to accept King ETHELDRED receiued the letters of Pope IOHN the seuenth vpon his Knees King ETHELWOLPH sued to the Pope for a dispensation sent his sonne Alfred to the Pope to be instructed and sent Peter-pence and made all England tributarie to the Romane Sea King ALFRED surnamed the Great Malmes lib. 3. de gest Reg. Angl. Fox Act. Mon. pag 166. 167. Stow. an 1066. of whose valour learning and Pietie our Chroniclers write wonders in his Preface before the Pastorall of S. Gregorie which he translated into the Saxon language calleth him Christs Vicaire King WILLIAM the Conquerour offred to trie his Title with Harold before the Pope and after got his Title approoued at Rome He wrote an Epistle to GREGORIE the seuenth in which he confirmeth the Tribute of Peter pence which the Kings of England Lib. 5. hist Ang. Cambd. in Britā pag. 350. Malmes lib. 3. de gest Reg. lib. 1. hist nouel Florent Vigor in Chron an 1107 Matth. Paris pag 96. Houed an 1131. Fox pag. 192. Fox pag. 193. Houed pa. 502. euen from King INAS paied to the Pope as Polidore Virgil writeth in signe of reuerence and subiection to the Romane Sea King HENRIE the first surnamed Beauclerd for his knowledg in the seuen liberall Sciences built a Church at Dunstable and by the Authoritie of Pope EVGENIVS the third as Cambden confesseth placed there Canon Regulars he yeelded the inuestiture of Bishops and intertayned most honourably Pope INNOCENT the second and caused him to be admitted through out all France He wrote a letter to Pope PASCHAL which Fox setteth downe and giueth him this Title To the venerable Father PASCHAL chiefe Bishop and at the same time as the same Fox relateth he wrote another letter to the said Pope demanding the Pall for Gerard Arch-Bishop of Yorke King HENRIE the second though for a time he contended with Pope ALEXANDER the Third yet after the death of S. THOMAS of Canterburie Fox pag. 227. Coop an 1072. Bal. cent 3. cap. 4. Houed par 2. Annal. pag. 677. he permitted Appeales to the Pope and submitted him selfe and his Kingdome vnto his pleasure King RICHARD surnamed Coeur de Lion sonne to HENRIE the second wrote a letter to Pope CLEMENT the second with this Title To his most Reuerend Lord and Blessed Father by the grace of God CLEMENT chiefe Bishop of the holy Apostolick Sea and a little after The factes of Princes saith he haue better successe Houed pag. 706. when they receaue assistance and fauour from the Sea Apostolick Matth. Paris Houed an 1190. And so whē this King went to the holie Land he left the care and gouernement of his Kingdome vnto the Sea Apostolick King HENRIE the third when the Pope sent a Legate into England as Matthew Paris relateth met the Legate at the Sea coast Matth. Paris pag 589. Fox act pag. 287. and bowing his head to his knees conducted him and after writing a letter to Pope INNOCENT he callethe him most holy Father and Lord and Chiefe Bishop and offreth Kisses to his blessed feete King EDWARD the thiad writing a letter to the Pope walsing pag. 150. which Walsingham serteth downe saieth That it is heresie to denie the Popes iudgement praesidere omni humanae creaturae to preside ouer all humane creatures The same King writing to Pope CLEMENT vseth this submission To his most holy Lord Clement by the diuine prouidence Chiefe Bishop of the sacred Romane and vniuersall Church Edward by the Grace of God King of France and England and Lord of Ireland deuout kisses of your blessed feet And the same King and all his Nobles anno 1343. assembled in the Parlament at VVestminster in a letter written to the Pope Fox Act. pa. 383. which Fox setteth downe calleth him Head of the Holie Church King HENRIE the sift that warlike and victorious Prince sent his Embassadours to the Councell of Constance called for the condemnation of VVickleph Stowe an 1416 and there demanded and obtained that England might be called a Nation and one of the fower Nations that owe deuotion to the Church of Rome Fox Acts pa. 799. Georg. Lilius in Chron. an 1506. King HENRIE the seuenth anno 1506. sent three solemne Oratours to Pope IVLIVS the second to yeeld his obedience according to the manner vnto the Sea of Rome Yea King HENRIE the eight in the yeare 152◠dedicated his boke against Luther to Pope LEO the tenth which booke I haue seene signed with the Kings owne hand in an English Caracter for which the Pope gaue him and his successours the Title of Defendour of the faith That he acknowledged the Pope his Pastour appeareth by this that at first he made sute to him for a separation from Queene CATHERINE but when he perceaued he could not obtaine his sute then and vpon that occasion onlie he exiled the Popes Authoritie and made him selfe Head and the first Head of the Church of England as may appeare by that which I
appertained to military affaires And so from the first establishing of the law of Moyses the Temple and Synagogue was committed to the Tribe of LEVI the scepter and regall Authoritie was giuen to the Tribe of IVDA in like sort in the law of Grace when the Church came to her greatest perfection Christ appointed particularly Apostles Doctours Ephes 4. and Pastours to gouerne the Church and confirmed Princes in their temporall Authoritie commanding that obedience should be giuen to the Pastour in spirituall matters and to the Prince in temporall Mat. 22 Rom. 13 2. VVherfore least in giuing one of these Potentates too much Mat. 22 I may do iniutie to the other I must follow our Sauiours Commandement and so giue to Cesar that which belongeth to him that I take not from God and his Church what appertaineth to them And although in giuing both but their due I may perchance displease one yet if I may haue that indifferent audience which the grauitie and equitie of the cause requireth I hope to offend neither and how soeuet it happen I had rather displease then do wronge or iniurie And wheras in our Iland by the sway of Authoritie and terrour of lawes it hath bene made High Treason to denie the Prince Authoritie in matters Ecclesiasticall I protest that what I shall say in this matter proceedeth not from any disloyall minde towards my Princes true Authoritie nor from any itching desire I haue to lay open the disgrace of my Countrie which I would rather couer if it were possible with my owne life and bloud and to discharge my self from all iust imputation of Treason I desire to haue the leaue to plead this onlie for my defence that if this be Treason in mee not onlie all Catholick Priests Doctours and Prelates of the Church but also all the ancient subiectes not onlie of England but of all other Christian Countries must incurre the same imputation with me because there was neuer Christians before our English Protestants that gaue Ecclesiasticall power to Princes and there was neuer King of England or of any other Countrie what soeuer that euer was so hardie as to challenge such Authoritie before King HENRIE the Eight which his Challenge seemed so preposterous and monstrous that all the World stood and to this day standeth amazed at it and euen our Puritanes at home and all the new sectes abroade do abhorre and derest it And I in this Chapter shall bring such Argumentes against it that I hope that euen our English protestants who hitherto haue adored it wil be ashamed hence forth to submitt them selues to so monstrous Authoritie 3. My first Arguments shall be drawen from scriptures them selues For if the King had any such Authoritie then no doubt scripture which â—s aboue wee haue seene so often inculcateth Princes Authoritie in matters temporall would neuer haue kept silent this Ecclesiasticall power if they had had any such this being the greater and more eminent but scripture neuer giueth Princes this Authoritie neuer commandeth Christians to obey them in Ecclesiasticall matters but rather giueth that Authoritie to Apostles Bishops and Pastours and Commandeth obedience in this kinde to them not to Princes ergo Princes haue no Authoritie to command in Ecclesiasticall matters The Minor Proposition in which onlie consists the difficultie I proue out of those places of Scripture which aboue I haue alleaged and here will bring in againe yet to another purpose For to S. PETER no Temporall Prince but an Apostle and Pastour was promised the headship of the Church and consequently the soueraintie and supreame power of the Church Tues Petrus super hane Petram aedificabo Ecclesiam meam Mat. â—6 The Hebrew hathâ— Thou art a Rocke and vpon this Rocke will I build my Church And seing that to PETER it was sayd Thou art a Rocke to him also and not to CHRIST the Chiefe and independent Rocke nor to the faith of Christ as our Aduersaries would haue it it must needs be sayd and vpon this Rocke will I build my Church because the Relatiue This hath relation to him that was spoken of imediatly before which was only PETER not CHRIST nor the faith of CHRIST and therfore the Rocke and foundation of the Church and Head being all one it followeth that PETER and consequently the Pope his successour for the Church after PETERS tyme had as much neede or rather more of a Head and Pastour as in PETERS tyme and none euer practized Authoritie ouer all the Church but the Pope as all Councels and histories do witnesse is the supreme Head of the Church and so not euerie King no not any King in his Kingdome Apostles Prophetes Euangelists Pastours and Doctours onlie CHRIST gaue to gouerne his Church as S. PAVLE sayth not Princes Ephes 4. Mat. 18 To Apostles it was sayd VVhat soeuer you shall binde vpon earth shall be bound also in Heauen and what soe-euer you shall loose vpon earth shall be also loosed in heauen Ioan. 20 Neuer to Princes To Apostles it was said VVhose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained Neuer to Princes Of Bishops and Priests it was sayd Neb. 13. Obey your Prelates and be subiect to them for they watch as being to render account for your soules of Princes neuer rather they by these wordes are commanded also to obey Act. 20. To Bishops it was sayd Take heedâ— to your selues and the whole flocke wherein the Holie Ghost hath placed you Bishops to rule the Church which he hath purchased with his owne bloud to Princes neuer To a Bishop it was sayd Tit. 1. For this cause I left thee in CRETE that thou thouldst reforme the things that are wanting and thouldst order Priests by Cities as I also appointed thee To Princes neuer 4. I will not denie but that Princes are to assist the Church by sword scepter and Power and to punnish at the Churches direction not onlie Theefes and murderers but also Hereticks as CONSTANTINE and other Emperours did I graunt that they are nourcing Fathers Isay 49. but no Superiours to the Church And therfore if we read ouer both the old and new Testament we shall neuer finde that any King as King medled in the gouernment of Ecclesiasticall persons and matters 5. Bilson when he was VVardon of VVinchester wrote a booke called The True Difference betwixt Christian subiection and Vnchristian Rebellion in which he striueth but in vaine to prooue that the Prince hath supreme Authoritie in causes Ecclesiasticall and gouernment of the Church And to prooue this he citeth Nabuchodonosor Darius Par. 2. pag. 191 the King of Niniue Moyses Iosue Dauid Salomon Asa Iosaphat Ezechias Manasses Iosias and Nehemias as though they had gouerned the Ecclesiasticall affaires of the Synagogue In Tortura Torti pa. 363. So doth also D. ANDREWES But if I should graunt them that all these were by God appointed Rulers of
monstretur The beginning is taken from one and the Primacie is giuen to PETER that one Church and one chaire may be shewed Cypr. ep ad Iubaianū Hier. lib. 2. contra Iouin And in his Epistle to Iubaianus Ecclesia quae vna est super vnum qui Claues accepit voce Domini fundata est The Church which is one is by the voice of our Lord founded vpon one who hath receiued the Keyes And S. HIEROME sayth Inter duodecim vnus eligitur vt capite constituto schismatis tollatur occasio Amongest twelue one is chosen that the Head being appointed the occasion of schisme may be taken away But if we admit euerie King as Head of the Church in his Kingdome we shall not haue one visible Head but manie and those also verie diuers For as Kings claime supremacie in causes Ecclesiasticall because they are supreme Princes for the same reason may the senate in Venice Genua and Geneua challenge the same Authoritie Whence followeth that vnitie in faith and Sacraments vnder so diuers Heads cannot any long time be retained but we should haue as many Religions as Kings and as many diuers and independent Churches and Kingdomes for one King will not depend either for him selfe or his people of an other 12. This diuision we see alreadie proceedeth from these diuers Heads Haue we not seene how Religion in England hath changed with our Kinges since they challenged supremacie of our Church King HENRIE the Eight in the six and twentith yeare of his Raigne in the Parlament holden at VVestminster the third of Nouember 1534. enacted that the King should be reputed the onlie supreme Head in earth of the Church of England and should haue aswel the Title and stile as all honours authorities and commodities belonging thervnto and all power also to redresse all Heresies errours and abuses in the same and the yeare before also the fiftenth of Ianuary the King and Parlament decreed That no Appeales should be made to Rome no Annates or Impositions should be paied to the Bishop of Rome no sutes should be made to him for licēre or dispensation And yet in the Parlam̄et holden at Westminster anno Domini 1554. the first and second yeare of King PHILIP and Queene MARIE obedience was restored to the Church of Rome and all statutes repealed which derogated to the Authoritie and honour of the Sea Apostolick and the Title of the Kings supremacie in causes Ecclesiasticall was reiected After this notwithstanding was the same Authoritie taken againe by Queene ELIZABETH in the Parlament Anno Domini 1558. Anno 1. regni Elizab die 13. Ian. Likewise in the Parlament holden by King HENRIE the Eight in the one and thirtith yeare of his raigne and eight and twentith of April and in the yeare of our Lord 1537. these six Articles were enacted The Six Articles The Reall presence of the true and naturall Bodie and bloud of Christ vnder the formes of bread and wine without the substance of bread and wine 2. That Communion vnder both kindes is not necessarie for the people 3. That Priests cannot marrie after Priesthood 4. That Religious after their vowes cannot marrie 5. That Priuate Masses are according to Gods law and to be allowed 6. That Auricular Confession is expedient and necessarie And yet this statute was qualified and repealed by EDWARD the sixt his sonne and as yet a Child in the yeare of our Lord 1547. 4. Nouemb. and first yeare of his raigne After that againe the self same six Articles were receiued and confirmed in Queene MARIES raigne in the first Parlament an Domini 1553. 24. Octob. and in another an Domini 1554. Likewise King HENRIE the Eight in the Parlament holden the 22. of Ianuary and 34. of his raigne in the yeare of our Lord 1542. condemned Tindals Translation of the Bible and all bookes written against the Blessed Sacrament and forbad the Bible to be redd in English in any Church which statutes were repealed by King EDWARD at VVestminster an 1. Edu 6. Domini 1547. And yet the former statute of King HENRIE was renewed by Queen MARIE in the first yeare of her raigne an Domini 1553. and repealed againe by Queen ELIZABETH in the first yeare of her raigne So that if Kings be heads of the Church and haue supreme Ecclesiasticall Iurisdiction we shall haue as many Religions almost as Kinges And euen as King HBNRIE the Eight after his vsurpation of the supremacie changed his wiues and made his mariages lawfull and vnlawfull his children legitimat and illegitimat at his pleasure and by Authoritie also of the Parlament which durst not gainesaie so euery King shall haue authority to change religion and must be obeyed as the onlie supreme Head in earth of the Church For as King HENRIE the Eight and his young Sonne King EDWARD and his Daughter Queene ELIZABETH challenged Authoritie to redresse errours and correct heresies to giue validitie to all Ecclesiasticall lawes and Synodes as King HENRIE made it Heresie to denie the Reall Presence so another King of England or of another Kingdome may decree the contrarie As King HENRIE forbad Priests to marrie so another King will permit them to marrie As King HENRIE commanded the Bibles to be read and diuine seruice to be sayd and song in Latin so another will like better of the vulgar tongue of his owne Countrie and if you say that the King is tyed to the word of God euerie one of them will say that they follow the word of God hauing the Authoritie to iudge of heresies and consequentlie of the true meaning of the word of God 3. Sixtlie if Princes were Heads of the Church a ridiculous consequence and of which euen the Kinges and Queenes of England haue bene ashamed would follow to wit that they may preach minister Sacramentes excommunicate call Councels and sit as iudges in them c. For if the Prince be supreme head he is also supreme Pastour of the Church of his Kingdome for Head and Pastour in this kind is all one In Tortura Torti And this D. ANDREWES graunteth and prooueth by the example of DAVID to whom the people sayd That God had sayd vnto him Tu pafces populum meum Israel 2. Reg. 5 Thou shalt feede my people of Israel VVheras there only mention is of a Temporall Pastour gouernment and feeding as appeareth by the words following Tu eris Dux super Israel Thou shalt be Captain ouer Israel Gen. 45. And in this sence IOSEPH said Ego te pascam I will feede thee meaning his father IACOB So that if the Prince be Head of the Church he is Pastour but it pertaineth to the office of a Pastour to gouerne his sheepe by lawes to feede them with bread of the word of God Matt. 4. by which the soule liueth and the Sacraments to seuer an infected sheepe from the flocke by excōmunication least it infect the whole and consequentlie if the King be supreme head
he may make Ecclesiasticall lawes propose the word of God by preaching and true interpretation of it in Councels separate heretikes from the sheepefould by excommunication least they peruert others Yea if the Prince be supreme Head of the Church all Authoritie of preaching administration of Sacraments calling Councels iudging and defining in them collation of Benefices giuing of orders Iurisdictions absoluing dispensing excommunicating proceedeth from him VVherefore King HENRIE the Eight as he challenged the Title of supreme Head so he challenged almost all this Authoritie as we haue seene And to Queene ELIZABETH in the first Parlament and first yeare of her raigne the like authoritie was graunted Vide Sander de Schis Angl. fol. 149.150.151 See also Poultons Abbridgement of the statutes For in that Parlament it was decreed that she her heires and successours should haue all priueledges preeminences prerogatiues and spirituall superiorities which may be exercised or had of any power or man Ecclesiasticall That she and her successours should haue all power of nominating and substituting whom she will to correct heresies schismes abuses and to vse all authoritie which an Ecclesiasticall Magistrate may doe There also it was decreed that no Synode shoulde be called but by the Princes letters and commandement and that a Bishop should not be nominated or elected by any other then the Princes Authoritie nor should exercise any Iurisdiction but at the Queenes pleasure nor otherwise then by Authoritie from her Regall Maiestie And hence it is that the Prince writeth to the Archbishop in this manner For as much as all Iurisdiction as well Ecclesiasticall as secular proceedeth from Kinglie power as from the Head we giue thee Power to promote by these presents to holy Orders c. And the Archbishop of Canterburie vseth this stile VVe N. by the Diuine permission Archbishop and Primat of England authorised sufficientlie by the Kinges or Queenes Maiestie c. This argueth that in England all Ecclesiasticall Iurisdiction to excommunicare absolue to preach and minister Sacraments to call Synodes to decree in them to make Ecclesiasticall lawes c. proceedeth from the Prince as from the Head and fountaine and consequentlie seing that what Authoritie the Prince giueth to others he hath him self hee may excommunicate make Ecclesiasticall lawes call Councels sitt as supreme Iudge in them as others by his Authoritie doe And seing he can giue to others Iurisdiction to giue Orders he may also minister Sacraments preach and teach for this Authoritie he giueth to others And therfore as in all Common wealthes the Prince can do those thinges which his inferiour Officers do though it be not alwaies so conuenient so if all Ecclesiasticall power proceedeth from the King as from the Head and fountaine looke what the Bishops and Ministers can do by Authoritie receaued from him that he also him self may do which yet is so ridiculous that our Princes hitherto haue bene ashamed of manie of those offices and as we shall see anon euen the Protestants of England when they are pressed are ashamed of this monstrous Authoritie 14. Seuenthlie if Christian Kings for few of our Aduersaries dare say that Pagan Kings haue Ecclesiasticall Authoritie be heads of the Church it followeth that till CONSTANTINE or PHILIP the first Christian Emperours the Church was without a head for three hundred yeares If you say that S. PETER and his successours were heads till CONSTANTINE then I demaund who deposed Pope SYLVESTER when CONSTANTINE came to be Christian and consequently Head or if S. SYLVESTER was not deposed then it followeth that there were two Heads at once and those not subordinate 28. Eightlie I prooue this by Kings and Emperours Confessions And as towching Kings wee haue seene their Confessions in the former Chapter As for Emperours CONSTANTINE as we haue seene called the Bishops of the Nicen Councell Ruffinus li. 1. cap. 2. Euseb lib. 4. de vita Constāt cap. 24. his Gods and Iudges and as Eusebius reporteth he was wont to say to Bishops Vos ô Episcopi intra Ecclesiam ego extra Ecclesiam à Deo Episcopus constitutus sum You ô Bishops in affaires with in the Church I in matters without the Church am appointed pointed Bishop by God Meaning that he was to be a vigilant Prince in the gouernment of the Empire but not to meddle with Ecclesiasticall affaires And therfore when the Donatists in a matter pertaininge to the Churches deciding appealed from a Councell of Bishops holden by Pope MEICHIADES vnto him Non est ausus saieth S. August epi. 162. Augustin Christianus Imperator sic eorum tumultuosas fallaces quaerelas suscipere vt de iudicio Episcoporum qui Romae sederant ipse iudicaret He durst not so to admit their complaints as to Iudge of the Bishops who in Rome had sit in Iudgement Yea OPTATVS saieth Optat. lib. 1. cont Parm. circa finem That when he saw they appealed in such a matter vnto him he exclamed O rabida furoris audacia sicut in causis Gentilium fieri solet appellationem interposuerunt O VVood mad audacitie of furie they haue interposed an Appellation as is wont to be done in the causes of Gentils Tortura Tort. pa. 174. VVheras Doctour ANDREWS saith that CONSTANTIN delegated the Bishops to heare the Donatists cause I demande wheron he groundeth that for if he might delegate he might haue iudged of the Bishops sentence and yet S. AVGVSTIN saieth he durst not And although at last ouercome by their importunitie he heard them yet not as Iudge but as an Arbiter THEODOSIVS the yonger sent Counte Candidianu◠to the Councell of Ephesus With this caueat That he should not meddle in Ecclesiasticall matters because illicitum est eum qui non sit ex ordine sanctissimoram Episcoporum sese Eccelesiasticis immiscere tractatibus It is vnlawfull for him that is not of the order of most holy Bishops to entermeddle him selfe in Ecclesiasticall treaties and affaires But Doctour ANDREWES answereth Tortura Torti pa. 175. That it is no good Argument to say A Count can not meddle in Councels ergo an Emperour cannot But he should haue remembred that this Count was sent to supplie the Emperours place and therfore if he as the Emperours Ambassadour could not meddle in Councels neither could the Emperour him selfe He should also haue marked the Emperours reason which was because it is vnlawfull for him that is not of the order of Bishops to meddle in Ecclesiasticall affaires which reason aswell excludeth the Emperour as the Count vnlesse Doctour ANDREWES will make all Kings and Emperours Bishops VALENTINIAN the elder saied Sozom. 16 ca. 7. 2.1 Sibi qui vnus è laicorum numero erat non licere se huiusmodi rebus interponere It was not lawfull for him who is one of the layitie to meddle in such matters And although Doctour ANDREWES would expound Zozomen who reporteth this speech of the Emperour by Nicephorus Hist Tri. part lib. 7.
subiects to Bishops and especiallie to the Chiefe Bishop they can not in that kind be heads and superiours to Bishops 17. Lastlie I prooue this by out Aduersaries confession which is an argument ad hominem of no little force because none is presumed to lie against him selfe Calu. in cap. 7. Amos. CALVIN pronounceth thus of HENRIE the eight his supremacie Qui initio tantoperè extulerunt HENRICVM Regem Angliae certè fuerunt homines inconsiderrti dederuut enim ills summam rerum omnium potestatem hoc me grauiter semper vulnerauit Erant enim blasphemi cum vocarent eum Summum Caput Ecclesiae sub Christo They who in the beginning did so much extoll HENRIE the Eight King of England were men inconsiderate for they gaue him supreme power of all thinges and this did alwayes much aggreue mee For they were Blasphemous when they called him supreaine Head of the Church vnder Christ This was the opinion of CALVIN which is not to be contemned of our Protestants who follow him as an Oracle in other and those verie manie points And to him haue subscribed our Puritans in England and the Brethren of Heluetia Zurich Berne Geneua Polonia Hungarie and Scotland who all denie this supremacie of Kings in Ecclesiasticall causes Yea our Protestants them selues whilst they seeke to auoid the absurdities which aboue I haue produced against this supremacie and which Catholickes haue obiected do in effect despoile the King of all such Authoritie 19. Becanus in Dissid Angl. For first as BBCANVS hath tould them they are not agreed whether his Authoritie should be called Primacie or Supremacie nor whether he should be stiled Primate or Soueraine Salclebr pag. 140. D. And. in Tort. pag. 90. Tomson pag. 33. Head or Gouernour SALCLEBRIDGE calles the King Primate of the Church of England Doctour ANDREWES calles his Authoritie Primacie and yet TOMSON will not haue this authoritie called Primacie but Supremacie because the former word argueth a power Ecclesiasticall and of the same order with that which Prelates of the Church haue the last word he saith signifieth not so much And againe he will not haue it called Spirituall Authoritie but Authoritie in respect of Spirituall things Tomson pag. 31. Idem pag. 95. Salcl pag. 305 and he addeth that the King gouerneth Ecclesiasticall things but not Ecclesiastically And yet SALCLEBRIDGE saith that Kinges annointed with sacred oyle what will he then say of Kings that are not annointed are capable of Spirituall Iurisdiction And wheras at the first by the Parlament anno Domini 1543 in the yeare 35. of HENRIE the eight it was decreâ—d That the King should be called supreme head of the Church Poulton in his statute Tooker pag. 3. Burhill pag 133. and that also vnder paine of highe Treason yet now TOOKER and BVRHILL will not haue the King called head of the Church And so in deed Queene ELIZABETH in the First Parlament chose rather to be Gouernesse of the Church then Head 20. And as these men varie in the name so do they in the Power and thing it self TOOKER saith The King hath and can giue Tooker pag 305. Salclebr pa. 140. and take away all Iurisdiction Ecclesiasticall in the outward court SALCLEBRIDGE sayth the King can dispense in pluralitie of benefices D. And. apud Tooker pa. 305. Bur. pa. 234. Salcl pa. 121. Took pag. 36. Bur. pag. 137. 242. Took pag. 15. D. And. pag. 151. and can licence a Bastard to take holie orders D. ANDREWES sayth hee hath all externall Iurisdiction but Censures yet BYRHIL denyeth him all Iurisdiction Ecclesiasticall both in the inward and outward Court SALCLEBRIDGE sayth the King can giue Benefices create and depose Bishops and yet TOOKER sayth he can only nominate and present BVRHIL denyeth the King Authoritie to excommunicate yea he sayth he may bee excommunicated And the same doth also D. ANDREWES and TOOKER maintaine But what a supreme Head is he that can not cut of by excommunication an infecting and infected member What a Pastour that caÌ„ not cast out an infected sheepe by Excommunication And if he can not excommunicate but rather may be excommunicated it argueth that he hath a superiour who can exercise Ecclesiasticall Iurisdiction ouer him and so he is not supreme Head of the Church Wherfore Catholicks as they acknowledge the Pope supreme Head Salcl pag. 136. so they say he can not be excoÌ„municated by any SALCLEBRIGE sayth that it is clearer then the sunne that Princes haue determined controuersies of faith in 8. Councels Tooker pag. 50. Bilson caeteri infra citandi and yet TOOKER as also D. BILSON D. ANDREWES and D. FIELD as wee shall see anone will not haue the King called superiour in matters of faith 21. After this doubting and varying they proceed to a flat denyall of the foresaied supremacie In Tortura Torti pa. 170. D. ANDREWES hath taken a great part of the Supremacie from the King for he confesseth that the Emperour hath no Imperiall right to diuine things These be his words Non est in ea quae diuina sunt Imperiale sed neque Pontificale ius vllum Ther is not in the King any Imperiall no nor Pontificall right ouer diuine thinges He addeth that the King hath no right to dispose of Churches which yet King HENRIE the 8. challenged and practized to the ruine of tenne thousand Churches in one yeare For thus sayth D. ANDREWES At illa diuina hîc quae tandem Aedes Templa Basilicae neque verò in ea quae ita diuina sunt Rex noster vllum sibi ius vendicet Ibid. pa. 171. And a little after he sayth That the King is no Iudge in a cause or matter of faith And in the next page he seemeth to affirme and prooue out of the Councels of Constantinople Pa. 172. Antioche and Carthage that the King is not to be Iudge in the causes of Bishops And the page next after that Pa. 173. In sacramentes the King hath neither supreame nor any power at all And besides all this he addeth that he cannot excommunicate Pag. 151 Nos Principi sayth he Cenfurae potestatem non facimus VVe do not graunt the Prince or King any power to excommunicate c. D. BILSON saith plainlie that the King hath Authoritie ouer the Persons of the Church Bilson in his true difference pag. 171 172. par 2. but not ouer the things of the Church to wit ouer the persons of the Bishops but not ouer faith Sacraments materiall Churches and such like Which yet I see not how it can stand together for if the King be supreme Head not only ouer the Kingdome but also ouer the Church that is of the persons of the Church then as because he is supreme Head of the Kingdome he can command his laye subiects in temporall matters as to paie Tribute to obey temporall lawes c. so if he be supreame Head of the Church and
followed him sayth S. CHRYSOSTOME non vt Regem eiecturus Homi. 5. de verbis Isaiae sed vt profugum ingratum filium expulsurus not as though he were to cast out of the Temple a King but a Runnegate and vngrateful seruant Followeth him as an eagre Mastiffe doth the beast to chase him out of his Lord and Maisters howse and as one that tooke no care of the Kings threatning feared neither his Garde nor his Regalitie nor his golden crowne nor his Kinglie scepter nor his sterne lookes and Maiestie but with an vndaunted courage with a Constant countenance and a free voice that neuer had learned how to flatter 2. par 26 he telles him as plainlie as trulie Non est tui officij OZIA vt adoleas Incensum Domino sed sacerdotum hoc est filiorum Aaron qui consecrati sunt ad huiusmodi Ministerium egredere de sanctuario ne contempseris quia non reputabitur tibi ad gloriam hoc à Domino Deo It is not thy office OZIAS to burne Incense to our Lord but of the Priests that is of the Children of Aaron which are consecrated to this kinde of Ministerie Go out of the sanctuary contemne not because this thing shall not be reputed to thee for glorie of our Lord God Vide sayth S. Chrysostome Hom. 4. de verbis Esaiae libertatem vide mentem seruire nesciam vide linguam coelos attingentem vide libertatem incoercibilem vide hominis Corpus angeli mentem vide humi ingredientem in Caelo versantem Behould the freenesse and plainesse of a Priest behould a minde that neuer knew how to be seruile behould a tongue that is heard to Heauen behould an vnrestrained libertie behould the bodie of a man the mind of an Angell behould one treading on the ground yet conuersing in heauen Let me ô Christian Princes a Priest not of AARON but of Christ vse the like libertie against you that inuade the Churches right and arrogate Priestlie dignitie It is not thy office ô King ô Prince to meddle in Church matters or gouernment of the Church but it is the office of Priests and Prelates consecrated and ordayned for that purpose Dareth a Prince once offer to meddle in the Churches gouernment to sitt as Iudge in her Synodes to pronounce sentence in her tribunals to prescribe seruice in her Temples Depart ô King whosoeuer thou art that art thus hardie depart out of the sanctuary command no more in the Church if thou wilt command long and prosperouslie in thy Kingdome Depart I say this is no place for thee Contemne not my Counsell least thou paie for thy contempt and be stricken with a leprosie in thy forehead for such impudencie It is no glorie for thee ô King to meddle in Church matters It is a glorie indeed and as much greater then the office of a King at it is more to gouerne soules then bodies and to menage spirituall then temporall affaires But it is no honour to a King neither will it euer turne to the prosperitie of him or his Posteritie All the Auncient Kings yea and Emperours also so mightie in Armes so rich in Treasure so glittering in their Crownes Scepters purple and pretious stones so fortunate in VVarre so glorious in Victories neuer dreamed of such ambition but thought it their honour to be defendours not rulers of the Church subiects in Spirituall matters no Pastours Children no Fathers Inferiour members to the Church no supreme Heads and therfore submitted their scepters to the Pastorall staffe their Crowne to the Mitre their Temporall swords to the spirituall glaiues their lawes to the Canons their Kingdomes to the Church their persons to the Priests And shall now a King a Christian King arrogate Ecclesiasticall authority If he will raigne long ouer his subiects let him permitt the Churches rule and command ouer him If he will haue God for his Father let him acknowledge the Church for his Mother him self a sonne no Father a subiect in this kinde no superiour 25. Harken ô King whosoeuer thou art that arrogatest Ecclesiasticall Iurisdiction or encroachest vpon the Churches right and demaines vnto S. AMBROSE his Counsell which he gaue to VALENTINIAN the yonger When didst thou heare Supra citatus pag. 143 O most ClemeÌ„t King that laymen were Bishops Iudges in matters of faith and Church do not trouble thy self as to thinke that thou hast any Imperiall right in diuine matters Giue to God and his Church and Pastours what is due to them if thou wilt that thy subiects giue to thee what belongeth to thee ô King Giue eare ô King to graue Hosâ—vs his speech Leaue of Ibidem O King to intermeddle in such matters remember thou art a Mortall Man a King no Priest and reserue thy selfe pure and fâ—â—e from suth audacious attemptes command not Priests in Ecclesiasticall matters but rather learne such things of them ô Potentate ô Prince ô King Nu. 16. Harken to AZARIAS Counsell which he gaue to King OZIAS It is not thy office ô King to burne Incence to our Lord or if thou contemne AZARIAS his Counsell feare OZIAS his leprosie If thou wilt arrogate the Office of AARON take heed least with Chore Dathan and Abiron the earth deuoure thee or the fire coÌ„sume thee 2. Maâ— 3. If thou wilt robb the Treasure of the Temple take heed the Angell of God scourge thee not with Heliodorus 2. Maâ— 9. If thou wilt spoile the Temple and kill the people of God with Antiochus If thou wilt destroy the Temple with Nabuchodonosor vse prophanelie the holy vessels with Balthasar prophane the said Temple with Pompey and others feare their infamous and miserable ends knowing that there was neuer King nor Emperour that rebelled against the Church or persecuted her especially since Christs time and since he shed his bloud for her that hath not had some miserable end or other 26. And to omitt those Pagan Persecutours Nero Domitian Dioclesian Maximinian Iulian and others a Zonar Cedr in eius vira Rhegino lib. 1. Chron. an 5.8 Martin Polon in Anast ANASTASIVS the first Emperour of that name for resisting the Pope for fauouring the Arrian heresie and for disdaining to receaue or to admitt to his sight the legates whom HORMISDA Pope sent to him was sodainlie with a Thunderbolt leueled at him from heauen stricken to death b Theop. Miscel lib. 17. CedreÌ„ â—n Annal. Niceph. lib 18. c. 8. seqq alij omnes MAVRITIVS for his insolencies against S. GREGORIE was driuen out of his Empire chased into an Iland where by Phocas commandement himselfe his wise and children were miserablie slaine c Procop. lib. 3. de Bello Goth. Nicep li. 17. c 31. Vide Baron to 7 an 565. IVSTINIAN after many glorious victories fell into a most hard fortune for his heresie and tyranie against VIGILIVS Pope 〈◊〉 was infested on all sides with the Incursions of the Barbares and at length
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
by warre a Prince that persecureth Religion it is lawfull to kill him and consequentlie to depose him because the end of iust warre being peace all things in it are lawfull which are necessarie to obtaine peace and if vnles the Prince be taken away that iust peace cannot he had that also is lawfull 2. The Caluinists are not behind them in this point Caluin saith that earthlie Princes do bereaue them selues of Authoritie when they erect them selues against God yea that they are vnworthie to be reckened in the number of men and therfore we must rather spit in their faces then obey them Beza in ep dedic Noui Testam an 1554. epist 34. 37. Can. 3. an 1572 Beza in his Epistle Dedicatorie to his New Testament defendeth Rebellion against Princes of a different Religion if they permitt not but rather persecure Caluinisme The Hugonots of France in a Councell of Ministers at Berne haue decreed that euerie citie shall sweare that they and their posteritie will obserue firme and inuiolate the thinges following of which one is can 40. that vntill it please God in whose hands are the harts of Kings to change the hart of the French Tyrant so they call him in the meane time euerie Citie shall choose a Mayor to gouerne them as well in warre as in peace Another Canon is that all Captaines leaders neuer lay downe weapons as long as they shall see them persecute the Doctrine of Saluation Caluinisme and the Disciples of the same Caluinists Another is If it please God to raise vp some Christian Prince to take reuenge of their sinnes and to deliuer his people let them subiect them selues to that Prince as to another Cyrus sent to them from God And this doctrine of the same Hugonots was practised in France to the ruine of many cities and Churches and the slaughter of many thousands as The Historie of the Ciuill warres of France printed at London anno 1591. and Crispinus in his booke of the Estate of the Church and others haue written and to this day France remembreth yea feeleth it The like practise the hereticks in the lowe Countries haue vsed as Osiander confesseth and all the world witnesseth Moreouer Osiander sayth that the states there deposed their Prince Osiand in Epit. histor Eccles Cent. 16. pag. 941. Belgici publico scripto Domino Regi suo Philippo obedientiam subiectionem renunciant They of the low Countries renounce all obedience and subiection to their Lord and King Philip and consequentlie they depose him because there is no King without subiects Yea an Edict of this deposition is extant in their Historie printed at Francfort in the yeare 1583. in which they declare him to haue lost all right and title by his Tyrannie and forbid all vse of his name and seale 3. Zuingl in explaÌ„ art 42. fol. 84. Idem lib. 4. ep ad Conhardum c. pag. 868. 869. Zuinglius and the Zuinglians iumpe with them in the same opinion Quando Reges Principes Magistratus perfidè extra Regulam Christi egerint possunt cum Deo deponi When Kings Princes and Magistrates behaue them selues perfidiouslie and do against the rule of Christ they may with God be deposed And againe That Kings may be deposed Saules example doth teach manifestlie And againe Permittendum est Caesari officium debitum si modò sidem nobis permittat illibatam We must permitt due obedience to Caesar so that he permitt vs to enioy our faith inuiolate Coclaeus in Actis Luth. an 1531 And according to this doctrine the Tigurines molested the Catholicke Cantones sowed sedition and rebelled but afterwards in fiue battailes though moe in number and Artillerie they were ouercome and slaine and in the first battaile Zuinglius him self was slaine and afterwards burnt 4. See Sutcliffe in his Answere to a libell supplicatorie c. pag. 192. 193. Sutcl in his anwere to a libell c. pag. 95. Knox in Appellat ad nobilitatem populum Scotiae Buchan li. de Iure Reg. et li 7. hist Scot. I could alleadge Goodman who in his booke which in Queene MARIES time was printed at Geneua and is commended by Whittingham in his Epistle before the saied booke affirmeth that it is lawfull to withstand the Princes in case of Religion and that therfore VViat who rose against Queene MARIE was no Traytour The like was the doctrine of Knox and Buchanan Sutcliffe auoucheth that Knox said Noblemen Gouernours c. Iudges ought to reforme religion if the King will not If the Prince will not yeeld to his Nobles and people he armeth them with power to depose him If Princes be tyrants against God and his truth their subiects are freed from their oathes of obedience And with him accordeth Buchanan teachinge that the people is more excellent then the King and hath right to bestowe the Crowne at their pleasure That the People may arraigne the King c. That Reward should be giuen to them that kill Tyrants to wit those who persecute Religion And what sedition this doctrine raised in Scotland against that worthie and virtuous Queene MARIE his Maiesties mother and against his Maiestie him selfe all the world knowes and he best him selfe So that the question betwixt vs and our Reformers who so storme at this opinion of Catholicks which teacheth that Popes in some case exâ—taordinarie may depose Princes is not so much whether the Pope can doe it as whether he or rather a Luther Zuinglius Caluin Beza Knox or Buchanan can do it nor so much whether a Generall Councell can doe it but whether such a Councell rather then a Consistorie or Heard of Ministers can 5. And thus much I haue discoursed concerning this question whether the Pope can in any case depose a Rebellious Prince and who otherwise cannot be corrected not for that I honour not Princes or acknowledge not obedience due vnto them for I haue aboue prooued that they are in Temporall matters to be honoured and obeyed vnder paine of mortall sinne I haue also confessed and declared that so long as they conteine them selues with in their bounds and that their Temporall sword is not necessarilie to be drawne for the Churches defence they haue if they be absolute Superiours no superiour on earth in Temporall matters but only this I haue done to satisfie my conscience to discharge my dutie to Christ his Church and so to giue to Caesar and Temporall Princes what belongeth to them that I take not from God and his Church what is due to them 6. Wherein I hope I derogate no more from the Prince then many Catholicks do from the Pope who teach that in case of Heresie to which as a priuate man though not as a publike person they thinke him to be subiect he may be a Councell of Bishops and Prelates be deposed And therfore as Popes take this doctrine in good parte so ought Princes not to take it so haynously that we
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