which entitle the Pope to a Direct and Ordinary Iurisdiction ouer Prinâ—es 10 And the same reasons and groundes by which he destroies that opinion will destroy his which is That as Christ was so the Pope is spirituall prince ouer all men and that by vertue of that power he may dispose of all temporall things as hee shall iudge it expedient to his spirituall ends 11 For first against that opinion of Ordinarie Iurisdiction hee argues thus If it were so it would appeare out of the Scriptures or from the Tradition of the Apostles but in the Scriptures there is mention of the keyes of Heauen but none of the Kingdomes of the earth nor doe our Aduersaries offer any Apostolique Tradition Will not you then before you receiue too deepe impression of Bellarmines doctrine as to pay your liues for maintenance thereof tell him That if his opinion were true it would appeare in Scripture or Apostolique trâ—dition And shal poore and lame and â—lacke arguments coniecturally and vnnecessarily deduced from similitudes and comparisons and decency and conueniency binde your iudgements and your liues for reuerence of him who by his example counsels you to cal for better proof wil you so in obeying him disobey him swallow his conclusions yet accuse his fashioÌ„ of prouing them which you do if when he cals for scriptures against others you aâ—cept his positions for his sake without scriptures 12 Another of Bellarmines reasons against Ordinary Iurisdiction is That Regall authority was noâ— necessary nor of vse in Christ to worke his end but sâ—perfluous and vnprofitable And what greater vse or necessity can the Pope haue of this Extraordinarie authority which is a power to work the same effects though not by the same way then Christ had if his ends be the same which Christs were and it appeares that Christ neither had nor forsaw vse of either because he neither exercised nor instistuted either For that is not to the purpoâ—e which Bellarmine saies that Christ might haue exercised that power if he would since the Popes authority is grounded vpon Christs example and limited to that For Christ might haue done many thinges which the Pope cannot do as conuerting all the world at once instituting more sacraments and many such and therefore Bellarmine argued well before that it is enough for him to proue that Christ did not exercise Regall power nor declare himselfe to haue it which Declarion onely and practise must be drawen into Consequence and be the precedent for the Pope to follow 16 The light of which Argument that the Pope hath no power but such as Christ exercised hath brought so many of them to thinke it necessarie to proue That both Christ did exercise Regall autâ—ority in accepting Regall reuerence vpon Palme-Sunday and in his corrections in the temple And his iudgement in the womans case which was taken in Adulterie And that S. Peter vsed also the like power in condemning Ananias and Saphira and Simon Magus 14 In another place Bellarmine saies That S. Paul appealed to Caesar as to his Superiour Iudge not onely de facto but de Iure and that the Apostles were subiects to the Ethnique Emperours in all temporall causes and that the law of Christ depriues no man of his right which he had before And lately in his Recognitions he departs from this opinion and denies that he was his Iudge de Iure If his first opinion be true can these consist together that he which is subiect in temporal causes can at the same time and in the same causes be superiour Or that he ouer whom the Emperour had supreame temporall authority should haue authority ouer the Emperour in temporall causes and what is there in the second opinion that should induce so strong an Obligation vpon a conscience as to die for it Since the first was better grounded for for that he produâ—ed Scriptures and the second is deâ—titute of that helpe and without further searâ—h into it tels vs that neither the Doctrine nor the Doctor are constant enough to build a Marâ—yredome vpon 15 Thus also Bellarmine argues to our aduantage though he doe it to proue a necessity of this power in the Church that euery Common-wealth is sufficiently prouided in it selfe to attaine the end for which it is instituted And as we said before the end of a Christian Common-wealth is not onely Tranquility for that sometimes may be mainâ—ained by vnchristianly meanes but it is the practise of all morall vertue now explicated to vs and obserued by vs in the exercise of Christian Religion and therfore such a Common-wealth hath of it selfe all meanes necessary to those ends without new additions as a man consisting of bodie and soule if he come from Infidelity to the Christian Religion hath no new third essenâ—iall pâ—rt added to him to gouerne that body and soule but onely hath the same soule enlightned with a more expliciâ—e knowledge of her duety 16 Bâ—llarâ—ine also tels vs That in the Apostles time these two powers were seperated and â—o all the Temporall was in the Emperour as all the Ecclesiasticke in the Apostles and that Hierarchie By what way then and at what time came this Authoritie into them if it were once out For to say that it sprong out of Spirituall Authoritie when there was any vse of it were to say that that Authoritie at Christs institution had not all her perfections and maturity and to say that it is no other but the highest act and a kinde of prerogatiue of the spirituall power will not reach homeâ— For you must beleeue and die in this that the Pope as spirituall Prince may not onely dispose of temporall matters but that herein hee vses the temporall sword and temporall iurisdiction 17 But when Bellarmine saies That this supreme authority resides in the Pope yet not as he is Pope And that the Pope and none but he can â—epose Kings and transfer Kingdomes and yet not as Pope I proâ—esse that I know not how to speake thereof with so much earnestnesse as becomes a matter of so great waight For other Princes when they exercise their extraordinarie and Absolute power and prerogatiue and for the publique good put in practise sometimes some of those parts of their power which are spoken of in Samuel which to many men seeme to exceede Regall pâ—weâ— yet they professe to doe these things as they are Kings and not by any other authoritie then that 18 And if there be some things which the Pope cannot doe as Pope but as chiefe spirituall Prince this implies that there are other inferiour spirituall Princes which are Bishops for so Bellarmine saies That Bishops in their Diocesses are Ecclesiastique Princes And haue Bishops any such measure of this spirituall principality that they may do somthings by that which they cannot doe as they are Bishopsâ— 19 All Principalities maintaine their being by these two reward
pragmatica Sanctio So also Theodosius and Arcadius when they make a Law for dispatch of Suites begin thus Nemo deinceps tardiores affatus nostrae Perennitatis expectet And Iustinian in the inscription of one of his owne Lawes insâ—rts amongst his owne Tiâ—les Sâ—mper Adorandus Augustus And in a Lawe of Monasteriall and Matrimoniall causes which are now onely of spirituall Iurisdiction he threatens that if any Bishop infringe that Law Quam nostra sanxit Aeternitas Capitis supplicio ferietur In which stile also Theodosius and Arcadius ioyne Adoraturus aeternitatâ—m vestrâ—m diâ—igatur And an other proceedes somewhat further Beneficio numinis nostri And Theodosius and Valentinian deliuer it more plainely Vt sciant omnes quantum nostra Diuinitas auersatur Nestorium and so in fauour of the puritie and integritie of Christian Religion in contemplation whereof it seemes they were Religiously exercised euen at that time when hee assum'd these high stâ—les they proceede in the same Law We anathematize all Nestorius followers according to those things which are already constituted A Diuinitate nostra And Constantius and Irene write themselues Diâ—os and theâ—r owne Acts Diualiaâ— And this Pope Adrian to whom they writ râ—prehended not but the Emperour Charles did and another phrase of as much exorbitance which was Deus qui nobis conregnat 39 The highest that I haue obserâ—ed any of our Kings to haue vsed is in Edward the fourth who in his creation of Marques Dorâ—eâ— speakes thus of himselfe Cum nâ—stra Maiestas ad Regium Culmen sublâ—â—ata existat and after Tantum spâ—endoris nostri nomen But a little before his time Baldus gaue as much to the king of France as euer any had for he said he was in his kingdome Quidam Corporalis Deus And in our present age a Roman Author in a Dedication of his booke thus salutes our Queene Mary because your Highnesse is the strongest bul-warke of the Faith Tua Nâ—mina supplex posco which is also atâ—ributed to the Emperour in a late Oration to him and to other Princes And in some Funerall Monuments of Queene Maries time I haue read this inscription Diâ—is Philippo Maria Regibus which word Diâ—us Bellarmine values at so high a rate that he repents to haue bestowed it vpon any of the Saints and therefoâ—e in his laâ—e Recognition blots it out which tendernesse in him another Iesâ—ite since disallowes and iustifies the vse of the worde against Bellarmines squeamish abstinence because the worde saies Seâ—arius may be vsed aswel as temple or as fortune which are also Ethnique wordes But by his leaue he is too hasty with the Cardinall who doâ—h not refuse the word because the Ethniques vsed it but because they appointed it onely to their Gods Bellarmine insimulates al them which allow that worde to Saints of making Saints Gods 40 And though in some of these Tiâ—les of great excesse which these Empâ—rous assâ—â—â—'d to themselues we may easily discerne some impressions of Gentilisme which they retain'd sometimes after Christian Religion had receiued roote amongst them as they did also their Gladiatorie spectacles and other wastefull prodigalities of mens liues and Bondage and seruility and some other such yet neither in them nor in other Princes is the danger so great if they should continue in them as it is in the Bishoppes of Rome For Princes by assuming these Titles do but draw men to a iust reuerence and estimation of that power which subiects naturally know to be in them but the other by these Titles seeke to build vp and establish a power which was euer litigious and controuerted either by other Patriarchs or by the Emperours for Bellarmine hauing vndertaken to proue the Pope to be Peters successor in the Ecclesiastique Monarchy which Monarchy it selfe is denyed and not onely the popes right to it labors to proue this assumption by the fifteene great names which are attributed to the Popes 41 And the farthest mischiefe which by this excesse Princes could stray into or subiects suffer is a deuiation into Tyranny and an ordinary vse of an extraordinary power and prerogatiue and so making subiects slaues and as the Lawyers say Personas Res. But by the magniâ—ying of the Bishoppe of Rome with these Titles our religion degenerates into superstition which is a worse danger and besides our temporall fortunes suffer as much danger and detriment as in the other for Pâ—inces by their lawes worke onely vpon the faculties and powers of the soule and by reward and punishment they encline or auert our dispositions to a loue or feare But those Bishopps pretend a power vpon the substance of our soules which must be in their disposition for her condition and state in the next life And therefore to such as claime such a power it is more dangerous to allow and countenance any such Titles as participate in any significaâ—ion of Diuinity 42 For since they make their Tribunall and Consistory the same with Christ since they say It is Heresie and Treason to decline the Popes iudgement per ludibria friuolarum Appellationum ad futurum Concilium as one Pope saies since they teach that one may not appeale from the Pope to God himselfe since they direct vs to bow at the name of Iesus and at the name of the Pope but not at the name of Christ for that being the name of Annointed it might induce a reuerence to Princes who partake that name if they should bow to that name since they esteeme their lawes Diuine not as Princes doe by reason of the power of God inherent in all iust lawes and by reason of the common matter and subiect of all such lawes which is publique vtility and generall good but because their lawes are in particular dictated by the holy Ghost and therefore it is Blaspemy and sinne against the holy Ghost to violate any of them since themselues make this difference betweene the name of God as it is giuen to Princes and as it is giuen to them that Princes are called Dij laicorum and they Dij principum since to proue this they assume a power aboue God to put a new sense into his word which they doe when they proue this assertion out of these words in Exodus Dijs non detraâ—es principi populi non maledices for by the first they say the popes are vnderstood and by the second princes when as Saint Paul himselfe applies the latter part to the high priest and their expositor Lyra and the Iesuite Sâ interpret the first part of this Scripture of Iudges Since I say they entend worse ends then Princes doe in accepting or assuming like Titles and since they worke vpon a more dangerous and corruptible subiect which is the Conscience and Religion since they require a stronger assurance in vs by faith since they threaten greater penalties in any which doubt thereof
which is damnation the popes cannot be so excuseable in this excesse as princes may be And yet princes neuer went so farre as the popes haue done as we shall see when we come to consider the title and power of spirituall princes All this I say not to encourage princes to returne to those stiles which Christian humilitie hath made them dis-accustome and leaue off and which could not be reassum'd without much scandall but to shew the iniquitie and peruersnesse of those men who thinke great Titles belong to Kings not as Kings but as Papisticall Kings 43 For so at a Consultation of Iesuites in the Tower in the late Queenes time I saw it resolued that in a Petition to bee exhibited to her shee might not be stiled Sacred Though one of their owne Order haue obserued that attribute to bee so cheape that it was vsuall to say Sancti Patres conscripti and Sacratissimi Quirites and Sanctissimi Milites And our English Iesuites vse to aggrauate her defection much by that circumstance that shee had beene Consecrated and pontifically Anoynted and inuested at her Coronation and therefore was Sacred 44 How great a detestation they had of her Honour and of all Princes which professe the same Religion that shee did appeares in no one such thing more then in Quirogaes expurgatorie Index where admitting all the reprochfull calumnies of Eunapius against Martyrs whose reliques he cals Salita Capita with other opprobrious contumelies they haue onely expunged an Epistle of Iunius to her in which there was no words concerning Religion but onely a gratulation of her Peace and of her Learning which also they haue done in Serranus his Edition of Plato And as God hath continued his fauours showen to her vpon her successour so haue they their malice For in the second Tome of that worke they haue taken away an Epistle Dedicatorie to his Maiestie that now is 45 And as in many of their Rules for that Dissection and Anatomising of Authours they haue prouided that all Religion and all prophane knowledge shall depend vpon their will So haue they made a good offer that all cariage of State businesse shall bee open to them by expunging all such sentences as instructor remember Princes in that learning which those Rules cals Rationem status and which because Italians haue beene most conuersant therein is vulgarly called Ragion di stato For this Ragion di stato is as the Lawyers call it Ius Dominationis And as others call it Arcana Imperij And it pretends no farther but to teach by what meanes a Prince or any Soueraigne state may best exercise that power which is in them and giue least offence to the Subiects and yet preserue the right and dignitie of that power 46 For it is impossible that any Prince should proceede in all causes occurrences by a downright Execution of his Lawes And he shall certainely be frustrated of many iust and lawfull ends if he discouer the way by which he goes to them And therefore these disguisings and auerting of others from discerning them are so necessarie that though In Genere rei they seeme to be within the compasse of deceite and falshood yet the end which is maintenance of lawfull Authoritie for the publike good iustifies them so well that the Lawyers abhorre not â—o giue them the same definition with that Addition of publike good which they doe to deceit it selfe For they define Ragion di stato to be Cumaliud agitur aliud simulatur bono publico 47 And the Romane Authors doe not onely teach that deceit is not Intrinsecè malum but vpon that ground and foundation they build Equiuocation which is like a Tower of Babel both because thereby they get aboue all earthly Magistracie and because therein no men can vnderstand one another Nor can there be a better example giuen of the vse of this Ragion di stato then their forbidding itâ— Because nothing conduces more to the aduancing of their strength then that Princes should not know or not vse their owne or proceede by any wayes remou'd from their discernings Indeed those bookes of Expurgation are nothing else but Ragion di stato That is a disguised and dissembled way of preferring their double Monarchie And they that fordid Princes the lawfull vse of these Arcana Imperij practise for their owne ends euen Flagitia Imperij which are the same things when they exceede their true endes which are iust authority and the publique good or their lawfull waies to those ends which should euer be within the compasse of vertue and religion 48 Of which sort are all those enormous dispensations from Rome which no interpretation nor pretence can iustifieâ— as to omit some sacrilegious and too immodest licenses that of Gregory the third is one who writ to Boniface his Legate in Germany that they whose wiues being ouertaken with any infirmity would not reddere Debitum might marry other wiues which Binius hath wisely left out 49 But they are in these expurgations iniurious also to the memorie of dead princes for they will not admit our k. Edward the sixt to be said to be Admirandae indolis nor the Duke of Wittenberg praeclarus They will not allow Vlrichus Huttenus to be called A learned Knight no neither him nor Oebanus Hessus to be so much as good poets But with the same circumspection that the Belgique Index could add to Borrhaeus writing vppon Aristotles politiques in this sentence Religionis cura semper pertinuit ad principes this clause Sacerdotem the Spanish Index dooth mutilate Velcurio vpon Liuy and from this sentence the fift age was decrepite vnder the Popes and Emperours takes out the Popes and leaues the Emperours obnoxious to the whole imputation And as with extreame curious malignity they haue watched that none of our side be celebrated so haue they spied some inuisible dangers which the Popes honor might incurre and therfore as the Spanish Copie hath before Luthers name expunged the letter D least it might intimate Doctor or Diuus so the Duch Copie hauing found nothing to quarrel at in Schonerus the Mathematician expunges in many places a great D. at beginning of Diuisions because in it as ordinarily those great initiall letters haue some figure there is imprinted the popes head and by it the diuell presenting him a Bull. 50 But this inhumanity of theirs hath not deterr'd Thuanus from his ingenuity in giuing to all those learned men whom he hath occasion to mention the attributes anâ— epithetes due to their vertues though they be of a diuers perswasion in Religion from himselfe But those other men who in a proude humility will say brother Thiefe and brother Wolfe and brother Asse as Saint Francis perchance not vn-prophetically is said to haue done will admit no fraternity nor fellowshippe with Princes 51 And though the Iesuites by the aduantage of their fourth
muddie search to offer to trace to the first roote of Iurisdiction since it growes not in man For though wee may goe a steppe higher then they haue done which rest and determine in Families which is that in euery particular man considered alone there is found a double Iurisdiction of the soule ouer the body and of the reason ouer the appetite yet those will be but examples and illustrations not Rootes and Fountaines from which Regall power doth essentially proceede Sepulueda whom I cited before saies well to this purpose That the soule doth exercise Herile Imperium vpon the body and this can be no example to Kings who cannot animate and informe their Subiects as the soule doth the body But the power of our reason vpon our appetite is as he saies pertinently Regale Imperium and Kings rule subiects so as reason rules that 7 To that forme of Gouernement therof for which rectified reason which is Nature common to all wise men dooth iustly chuse as aptest â—o worke their end God instils such a power as we wish to be in that person and which wee beleeue to be infused by him and therefore obey it as a beame deriued from him without hauing departed with any thing from our selues 8 And as to the end of this power is alwaies one and the same To liue peaceably and religiously so is the power it self though it be diuersly complexioned and of different stature for that naturall light and reason which acknowledges a necessity of a Superiour that we may enioy peace and worshippe God did consent in the common wish and tacite praier to God and doth rest in the common faith and beliefe that God hath powred into that person all such authority as is needefull for that vse Therefore of what complexion soeuer the forme of gouernement be or of what stature soeuer it seeme yet the same authority is in euery Soueraigne State thus farre That there are no Ciuill men which out of rectified Reason haue prouided for their Peaceable and religious Tranquility but are subiect to this regall authority which is a pâ—â—er to vse all those meanes which conduce to those endes 9 For those diffrences which appeare to vs in the diuers â—ormes are noâ— in the essence of the Soueraignty which hath no degrees nor additions nor diminutions but they are onely in those instruments by which this Soueraignty is exercised which are ordinarily called Arcanâ— and Ragion di stâ—to as I noted beforeâ— and as the soule it selfe hath as good vnderstanding in an Idiote and as good a memory in a Lâ—thargique person as in the wisesâ— and liueliest man So hath this Soueraignty in â—â—â—ry state equall vigour though the Organes by which it workes be not in all alike disâ—osed And therefore the gouerneâ—eâ—t amongst the Iewes before Saâ—le was fully a Kingdoâ—e in this accepâ—ation nor did they attend any new addition to this power in their solicitation for a King but because they were a people accustomed to warre they wished such a Soueraigne as might lead their Armies which office their Priestes did not and they grudged that their enemies should be conduced by better persons then they were 10 And so though some ancient Greeke states which are called Regna Laconica because they were shortned and limited to certaine lawes and some States in our time seeme to haue Conditionall and Prouisionall Princes betweene whom and Subiects there are mutuall and reciprocall obligations which if one side breake they fall on the other yet that soueraignty which is a power to doe all things auaileable to the maine endâ—s resides somewhereâ— whichâ— if it be in the hands of one man erects and perfects that Pambasilia of which we speake 11 For God inanimates euery State with one power as euery man with one soule when therefore people concurre in the desire of such a King they cannot contract nor limitte his power no more then parents can condition with God or preclude or withdraw any facultie from that Soule which God hath infused into the boâ—dy which they prepared and presented to him For if such a company of Sauadges or men vvhom an ouerloaded kingdome â—ad auoided as vve spake off before should create a King and reserue to themselues a libertie to reuenge their owne wrongs vpon one another or to doe any act necessary to that end for which a King hath his authority this liberty were swallowed in their first acte and onely the creation of the King were the worke of rectified reason to which God had concurr'd and that reseruation a uoide and impotent act of their appetite 12 If then this giue vs light what and whence the Kings Iurisdiction is we may also discerne by this what our obedience must be for power and subiection are so Relatiue as since the King commaunds in all things conducing to our Peaceable and Religious being wee must obey in all those This therefore is our first Originary naturall and Congenite obedience to obey the Prince This belongs to vs as we are men and is no more changed in vs by being Christians then our Humanity is changed yet hath the Romane Church extolled and magnified three sorts of Obedience to the preiudice of this 13 The first is that which they call Caecam obedientiam which is an inconsiderate vndiscoursed and to vse their owne word an Indiscreete surrendring of themselues which professe any of the rules of Religion to the command of their Prelate and Superior by which like the vncleane beasts They swallow and neuer chaw the cudde But this obedience proceeding out of the will and electioâ— of them who applie themselues to that course of life cannot be of so great authority and obligations as the other which is naturall and borne in vs and therefore farther then it agrees with that it is not out of rectified reason 14 And though it seeme scarce worthy of any further discourse yet I cannot deny my selfe the recreation of suruaying some examples of this blinde and stupid obedience and false humility nor forbeare to shew that by their magnifying thereof and their illations thereupon not only the offices of mutuall society are vncharitably pretermitted but the obedience to Princes preiudic'd and maimed and the liuely and actiue and vigorous contemplation of God clouded and retarded 15 For when a distressed Passenger intreated a Monke to come forth and helpe his Oxe out of the Ditch was it a charitable answere to tell him That he had bin twentie years dead in his graue and could not now come forth Yet it may seeme excusable in them to neglect others if this obedience make them forget themselues as certaine youthes whom their Abbot sent with Figges to an Ermit loosing their way sterued in the Desart rather then they would eate the Figges which they were commanded to deliuer Is it likely that when Mucius a Monke at the commaund of his Abbot who bid him cast his crying sonne into the riuer and
solemne and famous Canon of Gregory the seuenth Nos sanctorum Of whom since he had made a new rent in the body of the Church as Authors of his own Religion if he had any professe it is no maruaile that he patched it with a new ragge in the body of the Canon law Thus therefore he saies Insisting vpon the statutes of our predecessors by our Apostolique authority wee absolue from their Oath of Alleageance all which are bound to persons excommunicate And we vtterly forbid them to beare any Alleageance to such till they come to satisfaction But to whom shall these men be subiect in the meane time To such a one as will be content to resigne when so euer the other will aske forgiuenesse Ambition is not an ague it hath no fits nor accesses and remittings nor can any power extinâ—guish it vpon a sodaine warning And if the purpose of Popes in these deposings were but to punish with temporarie punishment why are the Kingdomes which haue been transferred by that colouâ— from Hereticall Princes still with-held from their Catholique Heires 29 But who these predecessors of whom the Pope speaks in this letter were I could neuer find And it appeares by this that this was an Innouation and that he vsed Excommunication to serue his own ends because in another Canon he sayes That many perished by reason of Excommunications and that therefore he being now ouercome with compassion did temper that sentence for a time and withdraw from that band all such as communicated with the excommunicate person except those by whose Counsaile the fault was perpetrated which induced the Excommunication And this sayes the glosse he did because he saw them contemne excommunication and neuer seek Absolution for all those whom he exempts by this Canon were exempt before his time by the law it selfe So that where he sayes Temperamus it is but Temperatum esse ostendimus and hee did but make them afraid who were in no danger and make them beholden to him whom the law it selfe deliuered And of this Canon in speciall words one of their great men sayes That it binds not where it may not be done without great damage of the subiect 30 Of his Successor almost immediate for Victor the third lasted but a little I finde another Canon almost to the same purpose for he wrâ—tes to a Bishop to forbid the Souldiers of an Earle who was excommunicate to serue him though they were sworne to him For sayeâ— heâ— They are not tied by any authority to keepe that alleageance which they haue sworne to a Christian Prince which resists God and his Saints and treads their precepts vnder his feete But in this man as Gregories spirit wrought in him whâ—lst he liued for he was his Messenger to publish the Excommunication against the Emperour in Germany so Gregories ghost speakes now for all this was done to reuenge Gregories quarrell though in his owne particular hee had some interest and reason of bitternesse for he had beene taken and ill vsed by Henry in Germany 31 In the 25 Cause there is a Canon which tasts of much boldnesse What King so euer or Bishop or great person shall suffer the Decrees of Popes to be violated Execrandum Anathema sit But these for in this Cause there are diuers Canons for the obseruing of the Canons are for the most part such imprecations as I noted before Gregory the first â—o haue made for preseruation of the priuiledges of Medardus Monastery and some other of the same name of which kinde also Villagut hath gathered some other examples And at farthest they extend but â—o excommunication and are pronounced by the Popes themselues and are intended of such Canons as are of matters of faith that is such as euen the Popes themselues are bound to obserue as appeares here by Leoâ—he â—he fourths Canon Ideo permittente And here I will receiue you from Gratian and leade you into the Decretals whom they iustly esteeme a little better company 32 To proue the Popes generall right to interpose in all causes which seemes to conduce to the Question in hand they cite often this case falling out in England which is vpon seuerall occasions three or foure times intimated in the Decretals It was thus Alexander the third writes to certaine Bishoppes in England to iudge as his Delegates in a Matrimoniall cause And because the person whose legitimation was thereby in question was an â—eire and the Mother dead and the Pope thought it not fit that after her death her marriage should bee so narrowly looked into since it was not in her life therefore he appoints That possession of the land should bee giuen first and then the principall point of the marriage proceeded in And by this they euict for him a title in temporall matters Accessorily and Consequently But if they consider the times they may iustly suspect vniust proceeding For it was when Alexander the third did so much infest our King Henry the second And it seemes he did but trie by this how much the King would endure at his hands for when he vnderstood that the king tooke it ill then came another Letter related also in the Canons wherein hee confesseth that that matter appertaines to the King and not to the Church And therefore commaundes them to proceede in the matter of the marriage without dealing with the possession of the land 33 Another Canon not much vrged by the defenders of direct Authoritie but by the other faction is a Letter of Innocent the third In which Letter I beleeue the Pope meant to lay downe purposely and determinately how farre his power in Temporall matters extended For it is not likely that vpon a Petition of a priuate Gentleman for Legitimation of his Children who doubted not of his power to doe it the Pope would descend to a long discourse and proofe out of both testaments and reasons of conueniencie that he might doe it and then in the end tell him hee would not except hee meant that this Letter should remaine as euidence to posteritie what the Popes power in Temporall causes was Let vs see therefore what that is which he claimes 34 A Subiect of the King of France who had put away his Wife desires the Pope to legitimate certaine Children which he had by a second wife And it seemes he was encouraged thereunto because the Pope had done that fauour to the King of France before The Pope answers thus By this it seemes that I may graunt your request because I may certainely Legitimate to all spirituall capacities and therefore it is Verisimilius probabilius that I may doe it in Temporall And sayes he It seemes that this may be prooued by a similitude because hee which is assumed to bee a Bishop is exempted thereby from his fathers iurisdiction and a slaue deliuered from bondage by being made a Priest And hee addes In the patrimonie I
other fault intimated the dâ—minishing of the honour of that Church and participating with excommunicated persons 81 And now we may discend to the suruay of that letter which he writes to a Bishoppe who desired to haue something written by him wherby he might be help'd and arm'd against such as deâ—yed that by the authority of that Sea he could excommunicate that Prince or absolue his subiects First therefore he saies That there are manie and most certaine Documents in the Scriptures to that purpose of which hee cites 〈◊〉 which are ordinarily offered as Tu es Petrus and Tibi dabo Claues and Quodcunqe ligaueâ—is and then he askes Whether Kings be excepted But Kings are not excepted but this proceeding against Kings is excepted That is it is not included in that Commission as hath beene enough and enough proued by many 82 Then followes that tâ—stimony of Gelasius a Pope That Priest-hood is aboue Principality and that the Bishoppe of Rome is the chiefe Priest If wee allow both Testem Testimonium yet the câ—use is safe he may be â—boue all in some functions yet not in temporall 83 His next authority is Iulius another Pope who expounding the wordes Tibi dabo Claues to certaine Easterne Bishoâ—pes saies Shall not â—e that opens heauen iudge of the earth But this dooth as much destroy all Iudicature and all Magistracy as iustifie the deposing of â—ings 84 After this he cites though not as Gregories words are a priuiledge graunted by Gregory the fiâ—st to a Monasterie and depriuation from secular dignity and excommunications to any that in â—ringe that priuiledge And this priuiledge Bellarmine also produces to proue the Popes soueraignty in tempoâ—all matâ—ers It is the prâ—uiledge of the Monastery of S. Medard which is in Gregories Epistle and it is cyted by this other Gregory it makes deposition the lesser punishment and to precede excommunication for he sayes That Gregory though a milde Doctor did not onely depose but excommunicate the transgressors But both this Pope that cytes it deceiues vs by putting in the word Decreuit as though this had the solemnities of a Popes Decree which presumes an infallibility and Bellarmine deceiues vs by mutilating the sentence and ending at that word Honore priuetur for he that reads the whole sentence shall see that all this Decree of Deposition and Excommunication was no more then a comminatory imprecation to testifie earnestly the Founders affection to haue those priuiledges obserued and deterre men from violating thereof as the vehemence and insolent phrase of the Instrument do intimate by a bitternes vnvsuall in medicinall excommunications For all the curses due to Heretiques and all the torments which Iudas endures are imprecated vpon him it is subscribed not only by Gregory with 30. Bishops but by a King and a Queene no competent Iudges in this Gregories opinioÌ„ of faults punishable by excoÌ„munication 85 And the same Pope in erecting of an Hospitall and endowing it with some immunities vses the same language that the infringers thereof should loose all their power and honour and dignity and after be excoÌ„municate and yet this is neuer produced nor vnderstood to confirme his temporall soueraignty 86 The Donation of Constantine which was not much lesse then 300. yeare beâ—ore this end in like words If any man violate this Donation let him be eternally condemned let him finde Peter and Paul in this life and in the next his enemies and leâ— him perish with the Diuell and al the reprobate burning in Inferno inferiore And wil they from this argue in Constantine a power to open and shut hel gates And will they endanger al those Catholique authors to this eternall damnation which haue violated this Donation of Constantine by publique bookes 87 And â—uch a Commination as this of Gregâ—ry appeares in a Canon of the first Councell at Paris not long before his where it is threatned that whosoâ—uer shall â—eceiue a person suspended from the Communion himself shal be seperated A concordia fratrum and as we hope or trust shall sustaine the wrath of the eternall iudge for â—uer And not to insist long vpon examples of such imprecations about 160 yeare after Gregory Paulus 1. erecting a Monastery in his owne house maâ—es this Constitution If any of the Popes our successors or any mighty or Inferiour person of what dignity soeuer alien any of these things let him know that he is anathematiz'd by Christ and Peter and estrâ—nged from the Kingdome of God and that he shall giue an account thereof to the Saints in the day of iudgement For sayeth hee I desire the Iudge himselfe that hee will cast vppon them the wrath of his power that their life may bee laborious and mournefull and they may die consuming and may bee burnt eternally with Iudas in hell fire in voragine chaoâ— And that they that obserue this Constitution may enioy all blessednes at the right hand of God 88 And when in the behalfe of the Kings of Spaine the same argument is made for them that because there are many Diplomes extant in Sicily by which the Kings Anathematise inâ—ringâ—rs of their Constitutions that therefore they exeâ—cised Spirituall Iurisdiction Baronius saies that this argument is ridiculous because iâ— is hard to finde any instrument of Donations from Princes or from priuate men or from women in which these bitter formes of excommunication are not Which saies he do not containe any sentence of excommunication but Imprecations to deterre other as euery man was at libertie â—o doe when he made any such graunts So that Baronius hath laughed out of countenance this argument vpon Medardus priuiledge which hath beene so oâ—â—en and so solemnly offered and iterated And it appeares hereby that the punishments mentioned in these Constituâ—ions were not such as the makers thereoâ— could inflict but onely such as â—hey wished to fall vpon them that offended and such I doubt not was Gregories Imprecation in his successors interpretations that is that hee wished all Kings to be depriued 89 His next reason why Princes may be deposed by Priests is the diuersity of their Beginning and first Institutionâ— for as before he had said to another Bishop of the same place Regall Dignity was found out and inuented by humane pride but Priests were intituled by the Diuine pietie So here he repeates it with more contumely Who knowes not that Kings had their beginnings from those menâ— who being ignorant of God and prouoked by the prince of the world the Diuell through Pride Rapine Perfidiousnesse Murder and all wickednesse affected a gouernment ouer their equalls by a blind Ambition and intolerable presumption 90 Then he proceeds to the examples of Innocent who excomunicated Arcadius and of Zachary who deposed Childerique The first of which is not to the purpose Except Excommunication presume Deposing which Innocent intended not And the second hath beene abundantly and satisfactorily spoken to by very many
and come backe or did the Priests find such spirituall comfort in transgressing this Law that they offred to goe out 21 And in all our differences which fell out in this Kingdome betweene our Kings and the Popes when so many capitall Lawes were made against Prouisions and Appeales not to dispute yet wheâ—her de Iure or de facto only or whether by way oâ— Introduction or Declaration doe you finde that the Catholiques then vsed the benefite of those lawes to the procurement of Martyrdome or hath the blood of any men executed by those lawes died your Martyrologes with any Rubriques And yet those times were apt enough to countenance any defender of Ecclesiastique immunity though with diminution of Ciuill and Secular Magistracie as appeares by their celebrating of Becket yeâ— I find not that they affoorded the title of Martyre to any against whom the State proceeded by the Ordinary way and course of law 22 Why therefore shall not the French and Italian and olde English lawes giue occasion of Martyrdome in the same cases as these new lawes shall At least why should Campian and those which were executed before these new statutes be any better Martyres then they since they were as good Catholiques as these and offended the common law of England in the same point as these But if the Breach and violating of the later statutes be the onely or liueliest cause of Martyrdome then of Parsons who euery day of his life doth some act to the breaking thereoâ— it is verie properly said by one of his owne sect That hee is per totam vitam martyr 23 And this may suffice to remember you that you intrude into this emploiment and are not sent and that our Lawes ought to worke vpon your Oath of returning to the annihilation thereof because both the necessitâ—e of the making and continuing â—hereof and the precedents of our owne and other Catholicke Kingdomes giue vs warrant to make seditious Doctrine Treason and your owne Canons and Iâ—dicaâ—â—re giue vs example and if we needed it Authoritie to proceede in that maner CHAP. VI. A comparison of the Obedâ—â—nce due to Princes with the seuerall obediences requir'd and exhibited in the Romane Church First of that blind Obedience and stupiditie which Regular men vowâ— to their Superiours Secondly of thâ—t vsurpeâ— Obedience to which they pretend by reason of our Baptisme wherein we ar said to haue made an implicite surrender of our selues and all that we haue to the Church And thirdly of that Obedience which the Iesuits by a fourth Supernumeraâ—ie vowe make to be dispos'd at the Popes absolute will THere hath not beene a busier disquisition nor subiect to more perplexitie then to finde out the first originall roote and Source which they call Primogenium subiectum that may be so capable of Power and Iurisdiction and so inuested with it immediately from God that it can transferre and propagate it or let it passe and naturally deriâ—e it-selfe into those formes of Gouernement by which mankind is continued and preserued For at the resolution of this all Quâ—stions of Subiection attend their dispatch And because the Clergie of the Roman Church hath with so much fierce earnestnesse and apparance of probablenesse pursued this Assertion That that Monarchall forme and that Hierarchie which they haue was instituted immediately from God Many wise and iealous Aduocates of Secular Authoritie fearing least otherwise they should diminish that Dignitie and so preuaricate and betray the cause haue said the same of Regall power and Iurisdiction And euen in the Romane Church a great Doctor of eminent reputation there agrees as he sayes Cum omnibus sapientibus That this Regall Iurisdiction and Monarchie which word is so odious and detestable to Baronius proceedes from God and by Diuine and naturall Law and not from the State or altogether from man And as we haue it in Euidence â—o we haue it in Confession from them that God â—ath as immediately created some Kings as any Priests And Cassanaeus thinkes this is the highest Secular Authoritie that euer God induced For he denies That old or new Testament haue any mention of Emperour 2 But to mine vnderstanding we iniure and endanger this cause more if wee confesse that that Hierarchie is so Immediately from God as they obtrude it then we get by offering to drawe Regall power within the same Priuiledge I had rather thus farre abstaine from saying so of either that I would pronounce no farther therein then this That God hath Immediately imprinted in mans Nature and Reason to be subiect to a power immediately infus'd from him and that hee hath enlightned our Nature and Reason to digest and prepare such a forme as may bee aptest to doe those things for which that Power is infus'd which are to conserue vs in Peace and in Religion And that since the establishing of the Christian Church he hath testified abundantly that Regall Authoritie by subordination of Bishops is that best and fittest way to those ends 3 So that that which a Iesuite said of the Pope That the Election doth onely present him to God wee say also of a King That whatsoeuer it be that prepares him and makes his Person capable of Regall Iurisdiction that onely presents him to God who then inanimates him with this Supremacy immediately from himselfe according to a secret and tacite couenant which he hath made with mankinde That when they out of rectified Reason which is the Law of Nature haue begot such a forme of Gouernement he will infuse this Soule of power into it 4 The way therefore to finde what Obedience is due to a King is not to seeke out how they which are presum'd to haue transferr'd this power into him had their Authoritie and how much they gaue and how much they retain'd For in this Discouerie none of them euer went farther then to Families In which they say Parents and Masters had Iurisdiction ouer Children and Seruants and these Families concurr'd to the making of Townes and transâ—err'd their power into some Gouernour ouer them all 5 But besides that this will not hold because such Sauadges as neuer rais'd Families or such men as an ouerburdned kingdom should by lot throw out which were peeces of diuers families must haue also a power to frame a forme of Gouernement wheresoeuer they shall reside which could not bee if the onely roote of Iurisdiction were in parents masters This also will infirme and ouerthrow that Assertion that if parents and masters had not this supreme Soueraignty which is requisite in Kings they could not transferre it into Kings and so Kings haue it not from them And if they were Soueraignes they cold not transfer it â—or no Soueraigne can deuest himselfe of his Supremacie 6 Regall authority is not therefore deriued from men so as at that certaine men haue lighted a King at their Candle or transferr'd certaine Degrees of Iurisdiction into him and therefore it is a cloudie and
Euident and vndeniable authoritie of Nature or Scripture nor by Deductions and conclusions necessarily deriued and issuing from thence any Conscience had suâ—ficient assurance to incurre these dangers 3 If since by some arguments of probabilitie and of Conueniencie or by some propositions propagated deduced from those first principles oâ— Nature and Scripture by so many descents and Generations that it is hard to trie whether they doe truly come from that roote or no any Conscience haue slackned it selfe and so be straied and dissolued and scattered by this remiâ—nesse and vacillation it ought rather to recollect it selfe and returne to those first ingrafâ—ed principles then in this dissolute and loose distraction to suffer an anxious perplexitie or desperately to arrest it selfe vpon that part which their owne Rules giuen to reduce men in such deuiations and settle them in suâ—h wauerings cannot assure him to be well chosen nor deliuer and extricate him in those laborinths 4 For let the first roote and parent of all propositions in this matter of Obedience be that which we know by nature That we must obay such a power as can preserue vs in Peace and Religion and that which wee find in Scrâ—ptures Let euery Soule be subiect vnto your higher powers And let vs drawe downe a Pedigree and Genealogie of reasons and conclusions deriued from this The eldest and that to which most reuerence will belong will be the Interprâ—tation of the Fathers vpon this place which is as your owne men confesse That the Apostle speakes rather of Regall and Secular power then of that which you call Ecclesiasticke 5 Let vs then pursue the line of which the first end is Kings must be obeyed It followes Therfore they must be able to commaund iustly therfore they must haue some to enable and instruct them therefore they must doe according to their instruction therefore if they doe not they are subiect to their corrections therefore if they be incorrigible they are no longer Kings and therefore no subiect can sweare perpetuall Obedience to his person who by his owne fault and his superiours Declaration may growe to be no King 6 Now as no man can beleeue the last of these propositions as roundly and constantly as the first because though it seeme to be the childe of the first yet in it self or in some of the meane parents by the way there may be fallacies which may corrupt and abastard it so is there no other certaine rule to trie it but to returne to the first principles and see if it consist with them For if it destroy the first it degenerates and rebels and we may not adhere to it And if the first may still consist without it though this may seeme orderly and naturally deduced from thence yet it imposes not so much necessity vpon vs as the first doth for that bindes vs peremptorily this as it is circumstanced and conditioned 7 And though these circumstances giue it all the life it hath so that to make it obligatory or not so depends vpon them yet it is impossible to discerne those circumstances or vnentangle our consciences by any of those Rules which their Casuists vse to giue who to stengthen the possession of the Romane Church haue bestowed more paines to reach how strongly a conscience is bound to doe according to a Scruple or a Doubt or an Opinion or an Errour which it hath conceiued then how it might depose that Scruple or cleare that Doubt or better that Opinion or rectifie that Errour 8 For That we may at once lay open the infirmity and insufficiency of their Rules and apply the same to our present purpose What vse and profite can those Catholiques which doubt whether they may take that Oath make of that Rule that they must follow in doubtfull points that opinion which is most common and generall For though this be vnderstood of the opinion of such men as are intelligent and vnderstanding and conuersant in the matter in question yet oftentimes amongst them both sides say This is the common opinion and who can iudge it Yea many circumstances change the common opinion For saies Azorius it fals out often that that which was not the common opinion a few yeares since now is And that that which is the common opinion of Diuines in one Countrie is not so in another As in Spaine and Italy it is the common opinion That Latreia is due to the Crosse which in France and Germany is not so And Nauarrus sâ—ies That at Rome no man may say that the Councell is aboue the Pope nor at Paris that the Pope is aboue the Councell Which deuision also there is amongst them in a maine point which shakes their Doctrine of the Popes being immediately from God since they cannot agree Whether at the Popes death his power remaine vpon the earth or flie vp to heauen He is a Catholique and a temperate discreete Authour which notes That the writings of Catholique men haue something in them which must be allowed to the times when they writ which being more diligently examined by them which follow are found exorbitant from the soundnesse of faith which hee speakes of those that denie that the lawes of ciuill Magistrates doe bind the conscience And after â—peaking against them which thinke That if we vndergoe the penaltie of â—he law we do not sinne in the breach therof he saies it was the opinion of some Schoolemen who thought it a glorious matter and fit to raise them a name to leaue the common and beaten wayes hauing perchance a delight sawcily to prouoke tognaw to calumniate to draw into hatred those powers and authorities which made those lawes 8 And if of late daies The opinion of refusing the Oath become the more common opinion it is vpon some of these circumstâ—nees that at these times when Catholiques are called to professe ciuill obedience in this place where Iesuites are in possession of most hearts to get reputation or to auile secular Magistracy they haue suddenly made it the more common for they can raise the Exchange in an howre and aduance and crie downe an opinion at their pleasure But to determine of mortall sinne as the taking of this Oath must be if it be matter enough to aduenture these dangers for it the same Authour saies well doth not so much appertaine Ad pulpita Canonistarum as it doth ad Cathedras Theologorum and therefore it ought to be tried by the principles of Diuinity not by the circumstanciall ragges of Casuists But to goe forward with them if this Common Opinion were certaine and if it were possible to discerne it yet it doth not so binde vs but that we may depart from it when another opinion is safer And from that opinion which is safer wee may also in many cases depart For whichâ— those examples which Carbo a good Summist alleages may giue vs satisfaction which are If I doubt
as those principles of faith or as the duties of euery particular man for though we know naturally that Princes must be obeyed yet you wil say som cases may occur in which we may not obay then there must be some certaine way for vs to aâ—taine to the knowledge therof by discourse industrie if we may aduenture these dangers for it and we may not aduenture them till we haue by that industrie sought it out For if we shall say that some things are to be held by a man De fide of which he shall still be vnder an inuincible ignorance though he bestow and employ all possible diligence as it is said of Cyprian that bee did erre in matter of faith after he had vsed all possible industrie then contrarie opinions in matter of faith may be iust caâ—ses of Martyrdome and yet one of these opinions must of necessitie bee Hereticall For if Cyprian were vnder an inuincible ignorance he was bound to doe according to his conscienceâ— since he had no way to rectifie it So that he must haue died for his Conscience in that case that is for such an opinion as all his Aduersaries were bound to die for the conâ—rarie But since this seemes incongruous and absurd the other opinion will stand safe and vncontrouled that our Conscience whose office is to apply our knowledge to something and to present to vs some law that bindes vs in that case cannot binde vs to these heauy incommodities for any matter but that which wee therefore beleeue that wee know because there are certainely some meanes naturally and ordinarily prouided for the knowledge thereof and that wee haue vsed those meanes Now in a man in whom there are all these iust preiudices and prescriptions That Nature teaches him to bey him that can preserue him That the Scriptures prouoke him to this obedience That the Fathers inteâ—prete these Scriptures of Regall power That subsequent acts and Experience teaches Regall power to be sufficient for that end what can arise strong enough to defeate all these or plant a knowledge contrary to this by any euidence so neere the first Principles as this is grounded vpon If it were possible that any thing could be produced at last by which all these reaâ—ons should be destroyed yet till that were done which is not yet done both the priority and birthright of the â—easons and rules of nature which are on that side for Rules are elder then the excepâ—ion and the dangers which would ouertake and entrapâ— and depresse such as refused the Oath must preuaile against any thing yet appearing on this part for thus farr the Casuists agree as in the better opinion That although thâ—t which they cal Metum iustum which is such a feare as may fall vpon a constant man and yet not remoue his habite of Constancy doth not excuse a man from doing any Euil yet that is meant of such an Euill as is Euill naturally and accompanied with all his circumstances for though no such feare can excuse me in an absolute deniall to restore any thing wâ—ich wâ—s committed to my trust yet I maybe excused fâ—om deliuering a sword committed to me if I haue sâ—ch a iust feare that the owner will therewith offend me or another And thâ—y account not onely the feare of death to be this iust feare which may excuse in transgressions in any thing which is not naturally euill but the feare of Torture Imprisonment Exile Bondage Losse of temporall goods or the greater part thereof or infamy and dishonour And not onely when these are imminent vppon our selues but vppon our wiues and children And not onely when a law hath directly pronounced them but when the State threatens them that is is exasperated and likely to pâ—oceed to tâ—ese inflictions And though Canonists are more seuere and rigid in the obseruation of theiâ— lawe yet the common opinion of Diuines is That this iust feare excuses a man from the breaking of any humane lawe whether Civill or Ecclesiastique anâ— that none of those lawes binde vs to the obseruation therof in danger of death or these distresses except in this case that these punishments are threatned to vs because we will not breake the law in contempt and despite of that authority which made the law for then no feare can excuse vs because the obedience to Superiour authority in general is morall and naturall and therefore the power it selfe may not be contemned though in case of this iust feare I may lawfully thinke that that power which made the law meant not to binde me in particular in these heauy inconueniences To apply this to our present purpose since this Oath is not Naturally Euill so as no circumstance can make it good for then it would haue appeared so at first and the Pope himselfe could by no Iudult or Dispensation tolerate it which I thinke they will not say nor offered in contempt of the Church of Rome or in such sort as it should be a signe of returning to our Religion or abandoning the Romane profeâ—sion but onely for the Princes security certainely though the refusall thereof were commanded by any law of humane constitution and so it became Euill because it was Forbidden yet in these afflictions certainely to be endured by the letter of an expresse law by euery Refuser and in this bitternesse and exasperation of the whole State against that whole Partie and the cause of Catholiques the taking of the Oath were so excusable as the refusing thereof could not be excused For in such a iust Feare euen Diuine Positiue Law looses her hold and obligation of which sort â—nâ—egrity of Confession is by all helde to be and yet such sinnes may be omitted in confession as would either Scandalize the Confessor Endanger the penitent or Defame a third person In which the Casuists are so generally concurrent that wee neede no particular authorities And in the matter of the greatest importance which can be in that Church which is the Election of the Pope and an assurance that he whom they acknowledge for Pope is true Pope which Comitolius a Iesuite as much more peremptorie then the rest of the Iesuites as they are aboue all other Friars sayes To be an Article of Faith and that we are bound to beleeue the present Pope to bee Christs Vicar with a Diuine and with a Catholicke Faith and that all Decrees of Popes which annull all Elections if they appeare after to haue beene made by Simonie intend no more but to declare that GOD will neuer suffer that to bee done or discouer it presently in which opinion that matter of fact should so binde our Faith hee is for any thing which I remember to haue read singular and I had occasion before to name one greaâ— Doctor of his owne Religion directly contrarie to him in the very point In these Elections I say which induce by his Doctrine a Diuineâ—aith â—aith and necessarily such a probable and
punishment How lame then and vnperfect is this spirituall principality which can affoord but one halfe For it is onely then of vse when the Pope will punish and correct a King by Deposing him for all Rewards Indulgences in this life and in the next hee conferres and bestowes as hee is Pope and needes not this Title to doe any good which is in his power And for corrections and punishments all which we are sure he can lawfully doe which is to inflict Church censures vpon those who are vnder his spirituall obedience he doth as he is Pope and needes not this principalitie for that vse neither 20 But for irregular actions and such as occasion tumult and sedition he must be a spirituall Prince For sayes Bellarmine Though the Pope as he is president of a generall Councell and he is that as he is Pope ought to follow the greatest number of voyces in making Decreesâ— yet as he is chiefe Prince hee is not bound to doe so but may follow the lesser number And yet scarse constant to himselfe he sayes That this libertie belongs to the Pope because he hath the assistance of the holy Ghost Now the Pope as Pope hath the assistance of the holy Ghost for else his Determination in Caâ—hedra in matters of faith were not by his Ordinarie and Direct power and therefore as Pope hee may follow the fewer voyces in a Councell and as Pope or no way he may depose Princes 21 For as though they seeme to place more power or dignitie in Pontificatu then in Apostolatu because the Popes date their Rescripts from the time of their Election to their Coronation thus Anno Apostolatus primo c. and seale but with halfe the seale but after their Coronation they begin to call their gouernment Pontificatum yet all the authority which they haue is certainly in them from theirâ— Election because saies the glosse that conferres praesulatum so they haue fancied imagined a Principatum aboue all these yet certainly all the authoritie they haue is as they are Popes Which serued them to doe mischiefe enough before this title was inuented And to say that they haue authoritie as they are Popes to doe some acts as they are not Popes is such a darke and mistie and drowsie Doctrine as it is the fittest and most proportionall Martyrdome in this businesse for a man to dreame that he died for it 22 For it is strange that theâ—e men can discerne and distinguish in the same office betweene the Pope and a spirituall Prince when as Philip the last King of Spaine could not distinguish betweene the Person and the Office of the Popeâ— for being in so much forwardnesse that he had giuen the D. of Alua Order to besiege Rome because Paul the fourth had brought into Italy an Armie of French to infest the Kingdome of Naples and being solicited by the Venetians to desist from offending the Pope though hee aunswered That his preparations were not against the Pope but against Peter Caraffa his subiect and a Rebell yet when the Venetians replied that if he could seperate Caraffa from the Pope they would intercede no farther else they would giue the Pope their assistance the King saies a Catholique writer gaue ouer because he saw it impossible to distinguish them 23 And as the Doctrine it selâ—e is too inexplicable for any man to aduenture thereupon his liâ—e or such dangers as the lawe esteemes equiualent to this purpose which are all such damages as induce a iust feare So is the Channell and way by which it is deriued to vs so various and muddy as that also should retard any man from such a Preiudice and such an Anticipation of the resolution of the Church herein as it is to seale with life that which no man yet knowes how the Church will determine For in Bellarmine who hath got the reputaâ—ion to be the principall of tâ—is faction though I confesse he found the foundation of it and his best Arguments for it in our Countriman Sanders out of whom and Stapleton and a few more that Church hath receiued more strength then from the late writers of all other Nations his authority and credit is not onely infirmed and impaired in that Baronius a man of as much merit of the Church and rewarded by her with the same Dignitie is of a contrarie opinion but also because auerring that his opinion is the opinion of the Diuines and the other onely of Canonists Diuines themselues for such Baronius and Bozius are haue more then others oppugned it 24 And so that new Order of the Congregation of which both they are beeing as I said before laid for a stumbling block that the world which in such a rage of Deuotion ranne towards the Iesuites might be arrested a litâ—le vpon the contemplation of an Order which professed Church-knowledge as the other did state-knowledge hath exceeded the Iesuites in their owne Art of flattering and magnifying the Pope For they haue maintained his Direct and Ordinarie power whereas the other haue but prouided him a new and specioâ—s Title And so not only such as Carerius layes the imputation of Impious Politician vpon Bellarmine and all his followers in this point And bitterly Anathmatises Bellarmine by name and maintaines this power to be in the Pope either as Pope or not as Christs Vicar But Bozius also calls these men nouos Theologos and sayes They teach doctrine euidently false and such as fights against all Truth And another Catholique writer though hee impugne both these opinions of Bellarmine and Baronius yet he protests that the opinion which Bellarmine calls the Canonists opinion is the more probable and defensible because saies hee that opinion is not against the order of Nature that the Pope should exercise such a power which they maintaine to be directly granted to him but that opinion which they call the Diuines opinion is against Nature since it admits the exercise of such an Authority as is neither by name granted nor necessarie to the ends of the Church And therefore saies this Catholique though the Diuines ouerthrow the Canonists yet they proue not their owne opinion And in another place he saies That though Bellarmine haue giuen as much to the Pope as honestly he could and more then he should haue done yet he was so farre from satisfying the Pope herein that for this opinion the Pope was very neere condemning all his workes as saies he the Iesuites themselues haue tolde mee 25 VVhich disposition of enclining to the Canonists opinion appeares still in the Popes who accept so well the bookes of that purpose that the greatest part of those Authors which I haue cited in this booke of that matter are dedicated to the late Popes So that that Doctrine which is so much denied in the substance and Essence therof that all wayes of the existence thereof are peremptorily denied hath not yet receaued
Canons were receaued before which euer had anie strength here hath disused them pronounced against so many of them as can fall within this question that is Such as bee derogatorie to the Crowne For if these lawes bee not borne aliue but haue their quickning by others acceptation the same power that giues them life may by desertion withdraw their strength and leaue them inualid 33 And thus much seemed needfull to be said in the first part of this chapter that you might see how putrid and corrupt a thing it is which is offered to you vnder the reuerend name of Canons And that though this Cannon law be declined and extenuated when we vrge it yet euery Sentence thereof is equall'd to Diuine Scripture and produced as a definition of the Church when it may worke their ends vpon your consciences which for diuers reasons issuing out of their owne rules should now be deliuered from that yoake THE SECOND PART FOr the second place in this Chapter I reserued the consideration and suruay of those Canons which are Ordinarily vsurped for defence of this temporall Iurisdiction In which my purpose is not to amasse all those Canons which incline toward that point of which condition those which exexempt the Clergy from secular Iurisdiction and very many other are but onely such as belong more directly to this point to which the Oath stretches That is whether the Pope may depose a Soueraine Prince and so we shall discern whether your consciences may so safely relie vpon any resolution to be had out of the Canons that you may incurre the dangers of the law for refusall thereof 2 Of which Canons though I will preâ—ermit none which I haue found to haue beene vrged in any of their Authours I will first present those Fower which are alwaies produced with much confidence and triumph Though one Catholique Author which might be aliue at the making of the Clementines for he liued and flourished about 1350 and Clement the fift died not much before 1320. haue drawen these foure Canons into iust suspition for thus he saies of them The Pastors of the Church putting their Hooke into another mans Haruest haue made foure Decretals which God knowes whether they be iust or no But I doe not beleeue yet I recall it if it be erroneous that any of them is agreeable to Law but I rather beleeue that they were put forth against the libertie of the empire 3 The fiâ—st is a letter of Innocent the third who was Pope about 1199. to the Duke of Caringia the occasion of which Letter was this Henry the son of Frederic the first of the house of Sueuia succeeding his Father in the Empire had obtained of the Princes of Germany to whom the Election belonged to chuse as Successoâ— to him his sonne Henry but hee being too young to gouerneâ— when his father died they tooke thereby occasion though against their Oath to leaue him being also dâ—sirous â—o change the stocke and chuse an Emperour of some other race By this meanes was Duke Berâ—holdus by some of the Prâ—nces elected but resign'd againe to Philip brother to the dead Emperour in whom the greatest number consented But some of the other Princes had called home out of England Otho of the house of Saxony and elected him Here upon arose such a schisme as rent that country into very many parts And then Innocent the third an actiue and busie Pope for it was he which so much infested our King Iohn sent his Legate into those parts vpon pretence of composing those differences And being in displeasure with the house of Sueuia for the Kingdome of Sicily which was in their possession but pretended to by the Church his Legate disallowed the election of Philip and confirmed Otho But some of the Princes ill satisfied with the Legates proceeding herein complained thereof to the Pope in aunswere whereof the Pope writes to one of them this Letter In which handling his Right of confirming the elected Emperor though he speake diuers things derogatorie to the dignity of Princes discoursiuely and occasionally yet is not this letter such a Decree as being pronounced Cathedrally in a matter of faith after due consultation should binde posteritie but onely a direction to that person how he ought to behaue himselfe in that businesse 4 The Letter may be thus abridged VVe acknowledge the right of the Election to be in the Princes especially because they haue it from the Apostolicke Sea which transferred the Empire vnto them But because we must consecrate the Person elected we must also examine his fitnesse Our Legate therefore did no Acte concerning the Election but the person elected Wee therefore repute OTHO Emperour For if the Electors would neuer agree should the Apostolicke Sea alwayes be without a defender We haue therfore thought it fit to warâ—e the Princes to adhere to him For there are notorious impediments against the other as publicke Excommunication persecuting the Church and manifest periurie Therefore wee commaund you to depart from him notwithstanding any Oath made to him as Emperour 5 And is there any matter of Faith in this Decretall Or any part thereof Is it not all grounded vpon matter of fact which is the Translation oâ— the Empire which is yet vnder disputationâ— Doe not many Catholicke writers denie the verie act of Transferring by the Pope And saye That the people being now abandoned and forsaken by the Easterne Emperours had by the law of Naâ—ure and Nations a power in themselues to choose a King And doe not those which are more liberall in confessing the Translation denie that the Popes Consecration or Coronation or Vnction inâ—uses any power into the Emperor or works any fartâ—er then wâ—en a Bishop doeth the same ceremonies to a King Is it not iustly said that iâ— the Emperour must stay for his Authoritie till the Pope doe these acts he is in worse condiâ—ion by this increase of his Dominions then he was before For before he was Emperour and had a little of Italy added to him there was no doubâ— but that he had full iurisdiction in his owne Dominions before these Ceremonies and now hee must stay for them 6 And may not the Popes question in this leâ—ter be well retorted thus If the Pope will not crowne the Emperour at all shall the Empire euer lacke a head For the Pope may well be presumed to be slacke in that office because he pretends to be Emperour during the vacancie But besides that an ouer earnest maintaining of this that the Emperour had no iurisdiction in Italy before these Ceremonies would diminish and mutilate the patrimonie of the Church of which a great part was confeâ—red and giuen by Pipin beâ—ore any of these ceremonies were giuen bâ— the pope the glosser vpon the Clementines is liquid round in this point when he sayes That these ceremonies and the taking of an Oath are nothing and that now Resipiscente mundo the world being
may freely doe it where I am supreme Prince But your case is not the same as the Kings was not oâ—ly for spirituall considerations which are That he was lawfully seperated and pretended neerenesse of blood and was not forbid to marrie againe and your proceeding hath beene without colour and in contempt of the Church But the King who had no Superiour in Temporall matters might without doing wrong to any other submit himselfe to our iurisdiction But you are knowen to be subiect to another Thus farre hee proceeded waueringly and comparatiuely and with conditions and limitations 35 And least this should not stretch farre enough he addes Out of the Patrimonie in certaine causes wee doe exercise Temporall iurisdiction casually which the Glosse interprets thus requestedâ— And the Pope hath said before That he which makes this request must be one that hath no Superiour And in this place he sayes That this may not be done to preiudice anothers right But after this vpon a false foundation that is an errour in their Translation where in Deuteronomie Death being threatned to the transgressour of the sentence Of the Priest and Iudge they haue left out the Iudge he makes that state of the Iewes so falsely vnderstood to be a Type oâ— Rome and so Rome at this time to be Iudge of all difficulties because it is the seate of the high Priest But he must be thought more constant then to depart from his first grouÌ„d and therefore must meane When superiour Princes which haue no other Iudges are in such doubtes as none else can determine Recurrendum est ad sedâ—m Apostolicam that is they ought to do it rather then to go to the onely ordinary Arbitrator betweene Soueraigne Princes the sword 36 And when such Princes doe submit their causes to him in such cases hee deâ—lares himselfe by this Canon to be a competent Iudge though the matter be a ciuill businesse and he an Ecclesiasticall person and though he seeme to goe â—omewhat farther and streâ—ch that typicall place in Deuteron to â—gree with Rome so farre that as there so here he which disobeyes must die yet hee explanes this death thus Lâ—t him as a dead man be seperated from the Communion by Excommunication So that this Canon pâ—rposely enacted to declare temporall authority by a Pope whom none exceeded in a stâ—ffe and earnest promoâ—ing the dignity of that Sea procedes onely by probabilities and verisimilitudes and equiualencies and endes at last with Excommunication and therefore can imprint in you no reason to refuse this Oath For out of this Canon doth Victoria frame a strong argument That this most learned Pope doeth openly confesse by this Canon that he hath no power ouer the King of France in Temporall matters 37 Another Canon of the same Pope is often cited by which when the King of England complain'd that the King of France had broken the Peace which was confirm'd by Oath the Pope writes to the Bishops of France That though he intende not to iudge of that Title in question which appertaines not to him yet the periurie belongs to his cognisance and so he may reprooue and in cases of Contumacie constraine Per districtionem Ecclesiasticam without exception of the persons of Kings And therefore sayes he If the King refuse to performe the Articles and to suffer my Delegates to heare the cause I haue appointed my Legate to proceede as I haue directed him What his Instructions were I know not by this but beyond Excommunication you see by the Text he pretends not Whatsoeuer they were this is certaine That the Princes of those times to aduantage themselues against their enemies with the Popes helpe did often admit him to doe some acts against other Princes which after when the Pope became their enemie themselues felt with much bitternesse But in this Canon hee disclaimes any Iurisdiction to iudge of Titles which those Popes tooke to themselues who Excommunâ—cated our late Queene if Parsons say true That they had respect to the iniustice of her Title by reason of a Statute and all those Popes must doe which shall doe any act which might make this Oath vnlawfull to you 38 In the title De Sent. Excom there are two Canons which concernes onely Excommunication of Heretickes and inâ—ringers oâ— Ecclesiasticke Immunitie and are directed but to one parâ—icular place VVhich though they can impose noâ—hing vpon your conscience against this Oath may yet teach you not to grudge that a State which prouides for her securitie by Lawes and Oathes expresse it in such words as may certainely reach to the principall purpose thereof and admit no euasions For so these Canons doe when they Excommunicate All of all Sexe of any Name Fauourers Receiuers Defenders Lawmakers Writers Gouernours Consuls Rulers Councellours Iudges and Registers of any statutes made in that place against Church liberties 39 That the Canons haue power to abrogate Ciuill lawes of Princes they vse to cite the Canon Quoniam omne made by Innocent the third who hath made more Canons then halfe of the Popes before him And if this doe not batter downe yet it vndermines all secular power For they may easily pretend that any Lawe may in some case occasion sinne This Canon hath also more then Ordinary authority because it is made in a generall Councell thus it â—aies Absque bona fide nulla valeat praescriptio tam Canonica quam ciuilis And this saies Bellarmine doth abrogate an Imperiall lawe by which prescription would serue so that it begann Bona fide though at some time after he which was in possession came to know that his title was ill but the Canon lâ—w requires that he esteeme in hâ—s conscience his title to be good all the time by which he pâ—escribes But by this Canon that particular Imperiall lawe is no more abrogated then such other lawes as cannot be obserued without danger of sinne which includes not onely some Ciuill Constitutions but also some other Canons For your Glosser saies That the Canon derogates from all Constitutions Ciuill and Ecclesiastique which cannot be obserued without deadly sin that is it makes them guilty in foro interiori He addes That he doth not beleeue that the Pope did purpose by this Canon to preiudice the ciuill lawes nor that the wordes are intended of ciuill and secular law but that by those wordes Tam ciuilis quam Canonica the Pope meanes that a prescriber Malae fidei is guilty in conscience whether it be of a matter Secular or Ecclesiastique For saies bee though some say the Pope meant to correct the law herein yet this correction is not obserued in Iudicio Seculari And therefore saies hee I doe not beleeue that the Pope himselfe is bound to iudge according to this Canon where he hath temporall iurisdiction because hee hath that Iurisdiction from the Emperour therefore the Imperiall law standes still and is not abrogated by this Canon