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A14777 A moderate defence of the Oath of Allegiance vvherein the author proueth the said Oath to be most lawful, notwithstanding the Popes breues prohibiting the same; and solueth the chiefest obiections that are vsually made against it; perswading the Catholickes not to resist souerainge authoritie in refusing it. Together with the oration of Sixtus 5. in the Consistory at Rome, vpon the murther of Henrie 3. the French King by a friar. Whereunto also is annexed strange reports or newes from Rome. By William Warmington Catholicke priest, and oblate of the holy congregation of S. Ambrose. Warmington, William, b. 1555 or 6.; Sixtus V, Pope, 1520-1590. De Henrici Tertii morte sermo. English. 1612 (1612) STC 25076; ESTC S119569 134,530 184

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saith further Quae autem sunt à Deo ordinatae sunt And those that are of God are ordained Therefore he that resisteth the power resisteth the ordinance of God adding Tho. 2.2 q. 105. ar 1. contrarie to the loue of God in not obeying his commandement and contrarie to the loue of his neighbour withdrawing from his superior obedience due vnto him And they that do resist what get they They purchase to themselues damnation hauing committed a deadly sinne in resisting Which kind of purchase I wish many in this our countrey to note diligently and in time to take heed of But I know some will inferre that this place of S. Paul may well and ought to be vnderstood of Prelates and the chiefe Prelate Christs Vicar who are also higher powers and therefore toucheth such as by obeying the King in the Oath of allegiance disobey their spirituall Pastor the Pope These deceiue themselues not considering the drift of the Apostle for if they marke well they will easily see that S. Paul in this chapter vnderstandeth not the spirituall directly but the secular power as must needs appeare manifestly to him that readeth the text Nam Principes saith he non sunt timor● boni operis sed mali c. For Princes are no feare to the good worke but to the euill But wilt 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 do euill feare for he beareth not the sword without cause for he is Gods minister a reuenger vnto wrath to him that doth euill By whom can all this be meant but by the secular power To whom is tribute due to be rendered not giuen gratis because it is an act or worke of iustice but to the secular power Who carieth such a sword to punish corporally to death and by the ordinance of God but Kings and secular Princes who are Gods ministers and vicegerents in earth for this purpose This sword neuer belonged to Peter nor his successors by Christs institution as D. Kellison confesseth against M. Sutcliffe D. Kellison in his Reply to M. Sutcliffe cap. 1. fo 13. his words are these If beside this spirituall power which he hath ouer the whole Church Sutcliffe suppose that either we giue him or that he challengeth to himselfe any temporall power ouer Christian Kings and kingdomes he is foully deceiued for we confesse and so doth he that Christ gaue him no such sword nor soueraigntie c. We acknowledge indeed two swords in the Church of Christ the one spirituall the other temporall but we giue them not both to the Pope For the supreme spirituall power is the onely sword which he handleth the supreme temporall power out of Italie pertaineth to the Emperour Kings and Princes For as there are in the Church of God two bodies Idem fo 14. the one politicall and ciuill the other Ecclesiasticall or mysticall the one called the common-wealth the other the Church so are there two powers to direct and gouerne these bodies and the one is called ciuill or temporall the other Ecclesiasticall and that ruleth the bodies this the soules that the kingdome this the Church that makes temporall this spirituall lawes that decideth ciuill causes this determineth and composeth controuersies in religion that punisheth bodies by the temporall sword this chastiseth soules with the spirituall glaiues and bonds of excommunication suspension interdicts and such like and the end of that is temporall peace the scope and butte of this eternall felicity and so that being inferiour this superiour that must yeeld to this when there is any opposition And so we giue to the Pope one sword onely ouer the Church and not swords as Sutcliffe saith They are secular Princes likewise who may exact customes and to whom tribute ought of dutie to be paied by all subiects thereby to sustaine and maintaine their dignitie gouerne their kingdome in peace and iustice and protect them from all enemies such excepted as by their priuiledges for the honour of Christ are exempted Tributum Caesaris est Ex. de trad Basil ep ad Valentin non negetur saith S. Ambrose This was neuer due to the Apostles the spirituall Princes of the Church nor consequently to Bishops wno as they are bishops only either did they exercise such a sword or euer acknowledge to be permitted thē by the institutiō of our B. Sauiour of whō they receiued their cōmissiō al power they could practise for gouernmēt of his Church till the worlds end Coste c. 14. Costerus a reuerend and learned Iesuite in fidei Demonst pag. 95. commendeth Erasmus for writing thus Erasm ep ad Vulturium Neocomum Nihil vi gerebant Apostoli scil tantùm vtebantur gladio Spiritus neminem agebant in exilium nullius inuadebāt facultates c. Haec Erasmus non minus disertè quàm verè They that is the Apostles did nothing by violence they vsed only the sword of the Spirit they droue none into exile they inuaded no mans possessions c. This Erasmus saith Costerus no lesse wisely then truly And a litle before in the same booke cap. 12. he teacheth Cost propos 3. cap. 12. that the materiall sword belongeth not to any Ecclesiasticall person Nulli enim competit Ecclesiastico vel sanguinem fundere vel capitis quenquam condemnare For it appertaineth not to any Ecclesiasticall person either to shed bloud or to condemne any man to death Then not to the Pope as he is an Ecclesiasticall person and successour to Peter doth it belong to vse such a sword Hereto agreeth Sir Thomas More in his treatise vpon the passion Morus in pas Dom. pag. 139● Bern de consid li. 4. c. 3.4 See Gratian. 23. q. 8. in princ Mitte gladium in locum suum c. Put vp saith Christ to Peter thy sword into his place as though he would say I will not be defended with sword And such a state haue I chosen thee vnto that I will not haue thee fight with this kind of sword but with the sword of Gods word Let this materiall sword therefore be put vp into his place that is to wit into the hands of temporall Princes as into his scabberd againe to punish malefactors withall Adding that the Apostles haue to fight with a sword much more terrible then this that is the spirituall sword of excommunication the vse whereof pertaineth to Ecclesiasticall persons alone as the other to secular Iustices This he most learned in his time and no lesse zelous in Catholicke religion Morus in passione Domi. He goeth on pag. 1393. saying that Christ after this told Peter that he had done very euill to strike with the sword and that he declared also by the example of the ciuill lawes Matth. 26. who saith Omnes qui acceperint gladium gladio peribunt c. For by the ciuill lawes of the Romaines vnder which
of the Church against her persecutors was such as there could be no hope to preuaile As if true faith and religion which is now beside the Indies restrained into a corner of Europe onely did not replenish before that time Europe Africke and Asia No there wanted not necessitie to practise such authoritie on Constantius Iulian Valens Valentinian and other like professed aduersaries of Christ and his Church nor oportunitie Christians being so many so potent replete with maruellous zeale and constant courage in defence of Gods truth to the losse of lands and life if they had knowne such power of deposing to haue bene in the Church and chiefe Pastors thereof and the Pastors knew well what their dutie was in that behalfe But where I pray you lay this power hidden for the space of 700 hundred yeares after Christ by the Cardinals confession suppose I should grant so much vnto him of disposing of temporals in ordine ad finem spiritualem no Scripture no tradition no ancient Father or generall Councell in all that time teaching it If he say there was where or how doth it appeare His Grace hath not yet neither in Tortus nor against our Kings Apologie nor in his last against Barclai produced any such cleare testimonie as may conuince Our Sauiour Christ himselfe refused to intermeddle in deuiding a temporall inheritance betweene two saying Quis me constituit iudicē aut diuisorē super vos Luc. 12. Who hath constituted me a iudge or a diuider ouer you disdaining as it were as Iansenius noteth that he should be troubled or drawne frō the celestiall businesse Iansen conc for which only he was sent by his Father to haue care of carnall and base things thereby also to teach such as are his that they ought not to intangle themselues in profane businesse that gouerne the Apostolicke office According to this is that of S. Paul Nemo militans Deo 2. Tim. 2. implicat se negotijs secularibus No man that is a souldier to God entangleth himselfe with secular businesse What more intangling what more secular then to intermeddle in deuiding and disposing of temporals Non est discipulus super magistrum The disciple is not aboue his maister Therefore his Vicar ought not in such wise to be iudge ouer Kings in things terrene when they are taught by our Sauiours example not to be hindered from celestiall affaires which onely do concerne them whose power is ouer sinnes of men not ouer their possessions In criminibus non in possessionibus potestas vestra Bern. lib. 1. de consid cap. 2. Againe S. Peter prince of the Apostles hauing receiued of Christ all power necessary for the gouernement of his Church which was to be deriued to his successors had not that power which is temporall but onely spirituall for in the Apostles times the Ecclesiasticall and ciuill were distinct and separate as the Cardinall confesseth lib. 5. de sum Pont. cap. 6. Which could not be but were conioyned if they had any such power yea indirectly If then Peter had no temporall power directly or indirectly giuen him by Christs institution who doubtlesse foresaw that it was necessary to be in him and his successours for the correction and direction of soules to their spirituall end it were absurd to say that succeeding Popes as they are Peters successors should haue more ample power then he or any of the Apostles had De Ro. Pont. li. 5. c 4. And the Cardinals argument which he maketh against the Canonists helpeth for confirmation of this matter in hand to wit Christ saith he as he was man while he liued on earth receiued not nor would haue any temporall dominion but the Pope is Christs Vicar and representeth Christ vnto vs such as he was while he liued here among men Therefore the Pope as Christs Vicar and so as Pope hath not any temporall dominion How then cometh it that Popes in these latter ages practise on exorbitant Princes deposition and disposing of temporals when they shall iudge it necessarie or expedient to a spirituall end hauing no commission no warrant of our Sauiour so to do Is it by temporall onely or spirituall onely or by both By their temporall power which reacheth no further thē the patrimony of the Church it is euident they cannot for so they are but equals not superiours to absolute Princes and Par in parem non habet imperium No neither haue they which is more being no Monarchs authority from Christ to put any man to death to banish or to depriue any priuate man of his goods Cost in Osiand propos 7. as Costeru● a learned Iesuite and other good Authors do hold Nemo Pontifex sanguinis leges tulit hoc munu● Imperatorum est qui varia● poenas de haereticis scripserunt quos bonorum spoliatione infamia exilio morte imòigne puniri iusserunt c. No Pope hath made lawes of life and death this is the office of Emperours who haue written downe diuerse puniments for heretickes whom they haue cōmanded to be punished with losse of goods infamie exile death yea with fire c. He goeth on The Pope at Rome putteth no man to death he hath his secular Iudges who minister iustice by the lawes of Caesar To this agreeth Iacobus Almain De ratione potestatis laicae est poenā ciuilem posse infligere Almain de dom nat ciuili in vlt. edit Gersonis vt sunt mors exilium bonorum priuatio c. It belongeth to the secular power to inflict a ciuill punishment as are death banishment depriuing of temporall goods But the Ecclesiasticall power cannot by the institution of God inflict any such paine no not imprison any as many Doctors hold but it reacheth onely to spirituall punishment that is to excommunication and the other punishments which he vseth ex iure purè positiuo sunt are onely by a positiue law Who in another place hath thus Alm. de pot Eccles laic c. 13. q. 1. c. 9. Christus secundum humanitatem c. Christ according to his humanity had greater power then the Pope hath as to institute the Euangelicall law neither had he his power limited to sacraments for he could pardō without application of sacraments his Vicar hath not such but onely that which is declared in his Vicarship for he gaue him power to remit sinnes to preach to giue indulgences c but it is no where found that he gaue him power to institute and depose Kings therefore by any power giuen him from Christ note well he hath not soueraigne power of iurisdiction in temporals This he With these may be ranked Ioannes Maior Maior in 4. dist 24. q. 3. Maximus Pontifex no● habet dominium temporale super Reges c. The chiefe Bishop hath not temporall dominion ouer Kings For the contrary being granted saith he it followeth that Kings are his vassals and that he may expell them de facto out
de Ro. Pont. c. 3. it a quoque non esse idem Pontificatum Imperium nec vnum ab alio absolute pendere Note that euen as the Sunne and Moone are not one and the same planet and as the Sunne did not institute or appoint the Moone but God so likewise the Papacy and Impery are not one and the same nor the one do absolutely depend of the other By these two great lights Sun and Moone Cap. Solitae de maiorit obedien Pope Inocentius interpreteth to be meant two dignities which are Pontificall authority and Regall power Moreouer this distinction of these two great powers that ancient and renowmed Hosius Bishop of Corduba writing to Constantius the Arrian Emperour most manifestly sheweth L. 2. de liber Christ c. 2. whose sentence is related in an Epistle of holy Athanasius in this manner Tibi Deus imperium commisit Atha ep ad solit vitam agentes nobis quae sunt Ecclesiae concredidit quemadmodū c. To you God hath committed the Empire to vs he hath deliuered those things which belong to the Church and euen as he that with malignant eyes carpeth your Empire contradicteth the ordinance of God so do you also beware lest if you draw to you such things as belong to the Church you be made guiltie of a great crime Giue it is written Math. 22. Mar. 12. to Caesar those things which are Caesars and to God those which belong to God Therefore neither is it lawfull for vs in earth to hold the Empire nor you ô Emperour haue power ouer incense and sacred things Thus this learned Bishop and renowmed in the first Councell of Nice In cap. Inquisitioni de sen excom Hereupon Innocentius the third and Panormitan conclude that laickes are not bound to obey the Pope in those things that are not spirituall or which concerne not the soule as they speake but onely in those places which are subiect to his temporall iurisdiction That these two powers are independent of each other and the temporall not subordinate to the spirituall but since the comming of Christ separate and so distinguished by their proper acts offices and dignities that the one may not vsurpe the right and power of the other without iniurie to each other Pope Nicolas the first plainly witnesseth in his Epistle to Michael the Emperour as appeareth also in the Canon law Can cum ad verum ventū est dist 96. Barcl de potest Pap. c. 13. L. 5. de Rom. Pont. c. 3. which you may reade in D. Barclai of worthie memorie in case you can get it Which place I may not pretermit to note vnto you as it is set downe in Cardinall Bellarmine Idem mediator Dei hominum homo Christus Iesus sic actibus proprijs dignitatibus distinctis officia potestatis vtriusque discreuit c. The same Mediator of God and men the man Christ Iesus hath so seuered the offices of both powers by proper acts and distinct dignities that both Christan Emperours for eternall life should haue neede of the chiefe Bishops and the chiefe Bishops for the course of temporall things onely should vse Imperiall lawes Here saith the Cardinall the Pope speaketh not of the onely execution but of power and dignitie c. For whatsoeuer Emperours haue Pope Nicholas saith they haue it from Kings and Emperours this execution as being himselfe chiefe King and Emperour or else he cannot If he can then is he greater then Christ if he cannot then hath he not in deed Regall power This he Who in the same chapter bringeth Pope Gelasius to this purpose Duo sunt inquit Imperator Auguste Gelas ep ad Anast Imp. Decret dist 96. Can. Duo sunt quibus principaliter mundus hicregitur Authoritas sacra Pontificum Regalis potestas c. There are two things O noble Emperour whereby principally this world is gouerned the sacred authoritie of Bishops and Regall power c. Where it is to be noted saith Bellarmine that Gelasius speaketh not onely of the excution but of the verie power and authoritie lest our aduersaries say as they are accustomed that the Pope hath indeed both powers but committeth the execution to others That the ends likewise of these two powers are different the Cardinall confesseth saying that the politicall hath for her end temporall peace and the Ecclesiasticall eternall saluation And hereto agreeeth Nauarre in Relect. cap. Nouit do iudic nu 90. Nauar. By this now is apparent that these two powers their ends offices and dignities are distinct and separate from each other If then the one command any thing which appertaineth not to his power or wherein he is not superiour it is a generall rule as Cardinall Tolet noteth that such a one is not of dutie to be obeyed Tolet. de 7. peccatis mort c. 15. Vnicuique superiori saith he obediendum est ex obligatione in his tantum in quibus est superior And the inferior dischargeth well his dutie if he promptly obey in those things wherein he is inferior as a seruant in seruilibus such as appertaine to a seruant and for this citeth Pope Innocentius cap. Inquisitioni de sent excom Whereupon if the Pope should in virtute obedientiae command any man to giue away his vineyard or house or sell his patrimonie as Bellocchio cupbearer to Sixtus 5. would haue had the Pope by his Breue to command a subiect of his to do because the poore mans land lay commodiously for him and pleased him Naboths case which his Holinesse refused to do answering he could not he might do no mā wrōg or a cleargie man to resigne his benefice with cure to some vnworthy person which is against a diuine precept he is not to be obeyed as the same author affirmeth in the chapter aforesaid And alledgeth Panorm in cap. Inquisitioni de sent excom and Io. Andr. c. Cum à Deo de rescript Much lesse is any n = a Cap. litteras de rest spoliat superior yea the Pope himselfe to be obeyed according to n = b Cap. Inquisit c. Panormitan commanding any sinne though but n = c 11. q. 3. can Quid ergo veniall And n = d Verbo obedientia nu 5. Syluester Intellige etiam si Papa credit mādatum iustum tamen subdito constat illud in se continere peccatum Vnderstand although the Pope beleeueth his mandateto be iust but yet the subiect knoweth it contains a sin de restit spol lit Here may be noted that the Pope may hold one opinion and an inferiour may hold the contrarie and more true without sinne Yea and a Bishop in case the Pope should command him to be absent from his residence without some necessitie he is not bound to obey because saith Tolet cum absque causa rationabili aliquid praecipitur Instruct sacer l. 5. c. 4. nu 3. non debemus audire When any thing is
alone but for the n = * O igen In hunc loc ho. 1 Aug tract vlt. in Ioan. l. 1. d● doct Chr. c. 18. Coster in O. siand c. 4. Church signifying power to be giuen to bind and loose to admit the worthy to the kingdome of heauen and to exclude the vnworthie can any other power be vnderstood then meerely spirituall most certainely there cannot For aske when this promise of our Sauiour was performed No man I thinke will denie but then Christ gaue these keyes when after his resurrection he vsed this ceremonie of breathing on his eleuen Apostles giuing them all like power to forgiue or reteine sinnes by these words Quorum remiseritis peccata c. Whose sinnes you shall forgiue Ioan. 20. they are forgiuen them and whose you shall reteine they are reteined By which words the Fathers often say that the keyes were giuen to all the Apostles If any man so build on that which Christ said to Peter Quodcunque ligaueris super terram c. Whatsoeuer thou shalt bind vpon earth Math. 16. it shal be bound also in the heauens and whatsoeuer thou shalt loose in earth it shall be loosed also in the heauens that Peter and his successors haue power to set vp and plucke downe Kings then must it of necessitie follow See Iansenius Concor c. 72. that the rest of the Apostles had the same because he vsed the like phrase to them also Quaecunque alligaueritis c. Whatsoeuer ye shall bind vpon earth shall be bound in heauen c. And so consequently all Bishops who are appointed gouernours likewise of the Church of God Act. 20. as Saint Paul saith Attendite c. Take heed to your selues and to the whole flock wherin the holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased with his owne blood may dethrone Kings if they iudge it expedient which is not to be granted This former interpretatiō of anciēt diuines seemes more agreeable to Christs words as Iansenius noteth to vnderstand by these keyes power to bind and loose because with these two powers as with two keyes the kingdom of heauē is opened to the truly penitēt with the other it is shut against the vnworthy impenitēt sinner then is the interpretatiō of later Diuines who say that Christ meant of the keyes of knowledge of discerning inter leprā lepram who is worthy to be absolued who vnworthie and of power to bind loose Howsoeuer they are to be vnderstood yet therby cannot be gathered power to depose or dispose of temporals Theophylact vpon this place hath thus Claues autē intelligas quaeligant soluunt hoc est delictorū vel indulgentias vel poenas Theoph. in 16. Math. c. And vnderstand keyes which bind and loose that is either pardons or punishments of sinnes For they haue power to remit and to bind who haue attained to the grace of Episcopacie as Peter hath Which power he affirmeth was granted to all the Apostles Quamuis autem soli Petro dictum sit Dabo tibi c. And although saith he it be spoken to Peter alone I will giue thee yet the keyes are granted to all the Apostles When When he said Cap. firmiter de summa Trinit fide Cath. c loquitur 24. q. 1 Vict. de clauibus nu 4. Rabanus Whose sinnes ye remit they are remitted For when he said dabo he signified a time to come to wit after his resurrection So Theophylact. If they were giuen to Peter doth it not follow that the Apostles receiued them of Peter But Victoria teacheth that they receiued them of Christ not of Peter Rabanus likewise Albeit this power of binding and loosing seeme to be giuen onely to Peter yet it is also giuen to the rest of the Apostles and is now likewise to all the Church in Bishops and Priests But therefore Peter specially receiued the keyes of the kingdome of heauen and the principalitie of iudiciarie power that all beleeuers through the world may vnderstand that whosoeuer do separate themselues in any sort from the vnitie of his faith and societie that such can neither be absolued from the bonds of sins nor enter into the gate of the kingdome of heauen This he But let it be granted according to the sentēce of many anciēt Fathers that Christ speaking specially to Peter gaue him more ample power then he gaue to the rest of the Apostles yet all was but spirituall as the words import and to a spirituall end in aedificationem non in destructionem to edification not to destruction not tending to deposition or depriuation of the temporall goods of any within his gouernment but to excommunication or separation of certaine obstinate offenders from the common goods of the Church militant and so consequently from the ioyes of the Church triumphant And let it be that Peter receiued the keyes of our Sauior when he said vnto him Pasce oues meas Feed my sheep all was but spirituall Ioan. 21. for the same power is required to feed the flocke of Christ that is to open or shut the kingdome of heauen Vict de clau nu 4. And then was he instituted the Vicar of Christ on earth by whose institution and as he is Bishop or Pastor of the whole Church Card. Bellar. de Ro. Pont. l. 5. c. 10. the most illustrous Card. confesseth that he receiued not power to ouerrule dommari but pascere to feed Which kind of secular domination was forbidden the Apostles and ministration commanded as Saint Bernard saith Bern. de consid l. 2 c. 5. L. 4. c. 4. de consid Who in an other place explicateth what it is to feed Euangelizare pascere est Opus fac euangelistae pastorum opus implesti To euangelize is to feed Do the worke of an Euangelist and thou hast fulfilled the worke of Pastors But some are forced to say that excommunication of the Pope necessarily worketh this temporall effect of deposition for that they know not otherwise how his Holinesse can attaine to such power If this were so then what Bishop soeuer do excommunicate any within his diocesse doth also depose and depriue them of their temporals for what the Pope is in the vniuersall Church such is a Bishop in the particular L. 5. de sum Pont. c. 3. as Cardinall Bellarmine once held though lately in his Recognitions he retracteth it after this manner Whereas I said that a Bishop was the same in a particular Church as the Pope is in the vniuersall it is thus to be taken that as the Pope is the true Pastor and Prince of the Church vniuersall so is a Bishop a true Pastor and Prince of a particular Church not a Vicar or administrator for a certaine time c. Which yet serueth well for our purpose in hand for if a Bishop a spiritual Prince of a particular church cannot by vertue of
they professe Tolet de 7. pec mort c. 16. n. 3. Tho. 2.2 q. 104. a. 5. ad 3. Innocen in c. no Dei 43. de Simon Martin de Carazijs in tract de principibus q. 48. Felin in cap. Accepimus de fide instrum And if their superiours shold by indiscretion or otherwise command any thing against the law of God yea were he the Pope himselfe or against the profession of their rule such obedience I deeme nor they nor any will doubt to be vnlawfull and they were not bound to obey as Innocentius others affirme So then we may distinguish obedience to be of three sorts one sufficiēt to saluation which obeyeth in all matters wherein he is bound another perfect which obeyeth in all things lawfull and the third indiscreet which is ready to render obedience yea in vnlawfull or iniust things And this is the obedience wherewith may alas in these our angerous dayes seeme so deeply possessed dangerous I say for that within such obedience latet anguis in herba lyeth hidden a mystery of mischiefe and which is so highly by diuerse recommended to their auditours who sticke not boldly to say that by obeying Pastors and Praelats and the supreme Pastor among the rest he cannot sin but by refusing to obey he may sinne therefore it is best and securest alway to obey whatsoeuer is by them commanded alledging S. Paul Hebr. vlt. Obedite Praepositis vestris Obey your Prelats without distinction not attending that the same holy Ghost who taught vs this doctrine by the vessell of election hath likewise taught vs by the mouth of the Prince of Apostles and cannot be contrary to himselfe that we are no lesse bound to obey and be subiect to kings and their officers to wit 1. Pet. ● Subiecti estote omni humanae creaturae propter Deum siue Regi quasi praecellenti siue ducibus tanquam ab eo missis ad vindictam malefactorum c. Be ye subiect to euery humane creature for God whether to the King as to the precellent or to his Captaines as sent from him for the punishment of malefactors c. For that the politicall or ciuill power yea of heathen or persecuting Neros as in the Apostles times were no other is no lesse from God and immediate from him then is the Ecclesiasticall or spirituall Non est enim potestas nisi à Deo Rom. 13 for there is no power but of God When he saith No power is there any excepted Is it not meant as well of the temporall as of the spirituall Chrysostome vpon this place hath these words Deus it a exigit vt creatus ab eo Princeps vires suas habeat God so requireth that a Prince created haue his power from him then not from the people If you reade Salomon in the booke of Wisedome you shall find it most cleare that the power of Kings and Rulers is immediat not from men but from God Praebete aures vos Sap. 6. qui continetis multitudines c quoniam data est à Domino potestas vobis virtus ab Altissimo c. Giue care you that conteine multitudes who are they but temporal Princes because power is giuen to you from our Lord and vertue from the Highest without any distinction of mediatè c. It followeth a little after who are meant ver 10. Ad vos ergo Reges sunt hi sermones mei vt discatis sapiontiam c. To you therefore ô kings are these my words that you may learne wisedome c. These two powers then Ecelesiasticall and ciuill as they are both from God so are they both distinct and separate from other and independent of each other as after shall be proued And euen as God hath ordeined and concluded the waters and maine sea within certaine limits which the may not passe but must breake their raging waues where they are appointed as is in holy Writ Legem ponebat aquis Prou. 8. ne transirent fines suos He made a law for waters that they should not passe their bounds and in Iob Et Dixi Iob. 38. vsque huc venies non procedes amplius hic confringes tumentes fluctus tuos And I said saith God hitherto thou shalt come thou shalt proceed no further and here thou shalt breake thy swelling sources So likewise his omnipotent wisdome haply to auoide all confusion and other mischiefes which might arise by intermedling with each others power hath appointed thē their seuerall and distinct ends their limits bounds which they may not passe not inuade each others empire Lib. 1. de consid cap. 5. as mellifluous S. Bernard writing to Pope Eugenius 3. doth more then insinuate Habent haec insima terrena Iudices suos Reges Principes terrae Quid fines alienos inuaditis quid falcem vestram in alienam messem extenditis These base and terrene things haue their Iudges Kings and Princes of the earth Why do you inuade other mēs boūds why do you thrust your sythe into others haruest By which is euident that Popes may and do sometimes exceede their limits to wit spirituall authority when by vsurpation they intermeddle in terrene things or temporall authority being the proper bounds of Kings and secular Princes which ought not to be inuaded by Ecclesiasticall persons And to this effect writeth most excellently amongst latter Diuines Ioannes Driedo affirming this distinction to be de iure diuino Lib. 2. de liber Eccle. c. 2. Christus saith he vtriusque potestatis officia discreuit vt vna diuinis spiritualibus rebus atque porsonis altera profanis ac mundanis praesideret Christ hath so parted the offices of both powers as the one might gouerne ouer diuine and spirituall things and persons the other ouer profane and mundane And a little after The distinction therefore of Ecclesiasticall Papall power from the secular and Imperiall power is made by the law of God And in the same chapter Whereupon the Pope and the Emperour are in the Church not as two chiefe gouernours deuided among themselues neither of which do acknowledge or honour the other as superiour because a kingdome deuided against it selfe will be desolate Neither are they as two Iudges subordinate so as the one receiueth his iurisdiction from the other but they are as two gouernours which are the Ministers of one God deputed to diuers offices in such wise as the Emperour is to rule ouer secular causes persons for the peaceable liuing together in this world and the Pope may rule ouer spirituals to the gaine of Christian faith and charitie This Driedo That these two dignities are distinct hauing no dependance of each other Cardinall Bellarmine himselfe proueth cōparing them to the two great lights or planets the Sunne and Moone Nota saith he quemadmodum non est idem sydus Sol luna sicut lunā non instituit Sol sed Deus Bellar. l. 5.
in this point towards his liege Lord and secular Prince If it must be granted that Christians by the law of God are strictly bound to obey all iust determinatiue sentences and decrees that proceed from the Sea Apostolicke being the highest spirituall tribunall in Gods Church why must it not likewise be granted that subiects as wel Clercks as laicks are by the same law no lesse boūd in foro cōscientiae to be obedient to the King and his iust lawes the chiefest tribunall in the common wealth This I thinke no Christian wil deny as being most cleare and euident in holy Scriptures taught and practised by all ancient Fathers and holy Saints I confesse you will say that humane iust lawes haue their efficacie of binding all subiects to obey in the Court of conscience Tho. 1.2 q. 96. ar 4. from the eternall law of God of which they are deriued according to that of Salomon Per me Reges regnant Prou. 8 legum conditores iusta decernunt By me saith God Kings do reigne and Law-makers decree iust things But whether this law of the Oath which you aime at be such some make doubt for that Cardinall Bellarmine in Tortus and father Parsons in his Catholicke letter affirme many things to be contained therein against the spirituall primacie of the chiefe Pastor and his authoritie of binding and loosing and concerning the limitation to vse father Parsons owne words of his Holinesse authoritie to wit what he cannot do towards his Maiestie or his successors in anie case whatsoeuer Moreouer besides promise of ciuill and temporall obedience in the Oath other things are interlaced and mixt therewith which do detract from the spirituall authoritie of the highest Pastor at least wise indierectly saith he Therfore this law is iniust as being preiudiciall to the law of God and holy Church Some I know will be carping at me for affirming father Parsons to be the author of that Catholicke letter who being ashamed as may be thought of the slender and insufficient clearing the important matter of the Oath by foure seuerall and distinct waies according to his promise denie that euer he wrote the same But will they nill they it is so well knowne to be his and was to the Inquisition in Rome if I haue not bene misinformed and by a verie credible person that heard it from a gentleman present in the citie in his life time and at his death that he could not denie it and vpon the acknowledgement thereof whether with sorrow and griefe for some points vnaduisedlie or erroneously written and brought in question in his old age or somewhat else in some other booke of his against Doctor Morton touching the lawfulnesse of the Oath of Supremacie in some case I cannot say soone after fell sicke and died within eight daies But to returne to our matter Then lawes are said to be iust Tho. 1.2 q. 96.24 first when they are made for the common good secondly when they exceede not his power that maketh them and thirdly when they haue their due forme to wit when the burdens or penalties are imposed on the subiects with a certain equalitie of proportion in order to the common good or vtilitie of the weale publicke as S. Thomas noteth Such is this law of the Oath of allegiance made by full authoritie in Parliament for the conseruation of his Maiestie and whole commonwealth in tranquillitie and peace Tho. 22. q. 67.2.4 Innoc. 3. cap. Per venerabilem Extra Qui filij sint legitimi which is both priuate and common good When I say full authoritie I meane in temporals for so the Prince hath and onely in temporals in the common wealth no lesse thē the Pope in spirituals in the patrimonie of the Church Which law was generaly enacted for all English subiects though principally intended as a distinctiue signe to detect not Catholickes from Protestants nor such as denie the Kings spirituall supremacie in causes Ecclesiasticall from the Popes spirituall primacy as Cardinall Bellarmine in Tortus affirmeth but turbulent spirited Catholickes and these to represse from milde and dutifully affected subiects of the same religion such as disliking haply in words that most horrible conspiracy of Gunpowder King-slaying would in heart haue applauded the euent from those who in affliction for their conscience with patient perseuerance to the end how long soeuer God permit it to continue for our sinnes will in word and deede loue their enemies beare wrongs without murmuring and sincerely pray for the conuersion of their persecutors if they haue any following the example and doctrine of our blessed Sauiour and his holy Apostles That our dread Soueraigne in setting forth this Oath by Act of Parliament hath not exceeded the limites of his power is manifest in that it was framed onely for this end that his Maiesties subiects should thereby make cleare profession of their resolution Praefat monit Apolog. Reg. to vse his Maiesties owne words faithfully to persist in his Maiesties obediēce according to their naturall allegiance And so farre was his intent by the same Oath to detract from the Primacy or spirituall authority of the Pope of binding or loosing by Ecclesiasticall censures or sacraments as the Cardinall and father Parsons affirme that his Maiestie as it were by a most prudent preuention Praefat. monit to take away all scruples that might arise in Catholicke subiects consciences tooke speciall care that that clause inserted by the lower House into the Oath which detracted from the Popes spirituall authority of excommunicating his Maiestie should be forthwith put out And withall declared that the vertue or force of this Oath was no other then that the Popes excommunication might not minister a iust and lawfull cause vnto his subiects to attempt any thing by open or priuie conspiracies against his Maiestie or state What more I pray you could he haue done for clearing this controuersie and satisfying his subiects If then it be so that nothing is contained in this Oath but what appertaineth to naturall allegiance nor more by his Maiestie required then profession of ciuill and temporall obedience which nature prescribeth to all borne subiects as his Maiestie the interpreter of his owne law hath most sufficiently in his Premonition and Apologie made knowne to all by his pen nor that he intended by interlacing or mingling any thing to detract from the spirituall authoritie of the Pope no not indirectly nor against the law of God as is likewise manifest none can iustly say he hath exceeded his limits or that the law is vniust And wheras the Catholick letter hath That there are some things but specifying none of those some concerning the limitation of his Holinesse authoritie if he meane spirituall it is vntrue to wit what he cannot do towards his Maiestie or his successours in any case whatsoeuer That is a glosse of his owne inuention beside the text a notorious vntruth for there are no such words to be found in the