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A68730 Certain general reasons, prouing the lawfulnesse of the Oath of allegiance, written by R.S. priest, to his priuat friend. Whereunto is added, the treatise of that learned man, M. William Barclay, concerning the temporall power of the pope. And with these is ioyned the sermon of M. Theophilus Higgons, preached at Pauls Crosse the third of March last, because it containeth something of like argument Sheldon, Richard, d. 1642?; Barclay, William, 1546 or 7-1608. De potestate Papæ. English.; Higgons, Theophilus, 1578?-1659. Sermon preached at Pauls Crosse the third of March, 1610.; Barclay, John, 1582-1621. 1611 (1611) STC 22393; ESTC S117169 172,839 246

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whence was that of his who was both King and Prophet against thee only haue I sinned And afterward For where as according to the Apostle it is a fearefull thing for euery man to fall into the hands of the liuing God yet for Kings who haue none aboue them besides him to feare it will be so much the more fearefull that they may offend more freely then others I can call in more and that very many to testifie the truth of this matter but what needs any more In the mouth of two or three witnesses let euery word stand If the assertors of the contrary opinion can bring forth so many testimonies of ancient fathers or indeed but any one wherein it is expresly written that the Church or the supreme head thereof the Bishop hath temporall power ouer secular Kings and Princes and that he may coerce and chastise them by temporall punishments any way either directly or indirectly or inflict any penalty either to the whole Kingdome or any part of it I shall be content that the whole controuersie shall be iudged on their side without any appeale from thence For indeed I desire nothing so much as that a certaine meane might be found by which the iudgement of the contrary side might be clearely confirmed But while I expect that in vaine in the meane time the truth caries me away with her conquered and bound into the contrary part Therefore I demand this now of the aduersaries whether it be likely that those ancient and holy fathers who haue written of the great power and immunity of Kings and Emperors were so negligent that of very carelesnesse they did not put in mind the Princes of their time of this temporall power of the Pope or that they left not this remembrance if they made any consigned vnder their hands in writing To the end that Princes should feare not only the secret iudgements of God but also the temporall iurisdiction of the Church and Pope by which they might be throwen downe from their seates so oft as the Church or the Pope who is the head thereof shall thinke it fit in regard of religion and the common weale certainly to be silent and to haue concealed so great a matter if it was true was to abuse Kings and Princes whom they had perswaded both by writings and preachings that they could be iudged by God only in temporall matters Or shall we imagine that they were so vnskilfull and ignorant of the authority of the Church that they knew not that it was indued with such a power Or in a word that they were so fearefull and narrow minded that they durst not tell the Princes that which they knew If none of these things can be imputed and charged on those ancient fathers why I pray you should we now embrace any new power which is grounded vpon no certaine either authority or reason but in these last ages deuised and thrust vpon the people by certaine fellowes who are seru●ly and basely addicted to the Pope and so lay a new and strange yoke vpon Princes CHAP. IX I Haue already plainly shewed that the last part of the second reason of the Aduersaries is most false which is That the Church therefore tolerated Constantius Iulianus Ualens and other heretike Princes because she could not chastise them without the hurt of the people Now will I prooue that the latter part is euen as false to wit that Henrie the IV. Emperour and other Princes ouer whom the later Popes haue arrogated to themselues temporall power might be coerced and chastised by the Church without hurt of the people Which before that I take in hand I doe hartely request not onely the friendly Reader but euen the Aduersaries themselues that the question being discussed they would weigh with themselues and iudge truly and sincerely whether it were not more easie for the Church to punish those first Princes by the aforesaid waies and meanes then to reduce into order the said Henry the IV by Rodolphus the Sweuian or Philip the Faire by Albert of Austria Of whom the one scorned and repressed the arrogancie of the Pope the other after diuers battles fought with diuers successe at the length in the last battle defeated his Competitor and Enemie whom the Pope had set vpon him and as for the Pope of whom he was excommunicate he banished him out of Rome and plagued him with perpetuall banishment With how great hurt and spoile to the people the Pope laboured to execute that temporall power vpon He●ry the XII O●to Frisingen witnesseth whom Bellarmine worthily calleth most Noble both for bloud and for learning and for integritie of life● who write of the Excommunication and deposition of the said Henrie done by Gregorie the VII in this manner I read and read againe the actes of the Romane Kings and Emperors and finde no where that before this man any of them was excommunicate or depriued of his Kingdome by the Bishop of Rome vnlesse any man thinke it is to be accompted for an Excommunication that Philip was for a small time placed amongst the P●nitentiaries by the Bishop of Rome and that Theodosius was ●equestredor suspended from entring into the Church by blessed Ambrose for his bloudie murder In which place it is to be obserued that Otto doth plainly professe that he findes in former ages no example of priuation of a Kingdome although hee propounded these two instances touching Excommunication if not true at least hauing a shew of true ones And afterward within a few lines he writeth thus But what great mischiefes how many warres and hazardes of warres followed thereof how oft miserable Rome was besieged taken spotled because Pope was set vp againe Pope and King aboue King it is a paine to remember To be short the rage of this storme did so hurry and wrap within it so many mischiefes so many schismes so many dangers both of soules and bodies that the same euen of it selfe by reason both of the crueltie of the persecution and the continuance thereof were sufficient to prooue the vnhappinesse of mans miserie Vpon which occasion that time is by an Ecclesiasticall writer compared to the thicke darknesse of Egypt For the foresaid Bishop Gregory is banished the cuie by the King and Gibert Bishop of Rauenna is thrust into his place Further Gregorie remaining at Salernum the time of his death approching is reported to haue said I haue loued iustice and hate ● iniquitie therefore I die in banishment Therefore because the kingdome being cut off by the Church was grieuously 〈◊〉 in her Prince the Church also bereaued of so great a Pastor who exceeded all the Priests and Bishops of Roman zeale and authoritie conceaued no small griefe Call you this to chastise a Prince without hurt to the people They that write that the Bishop of Rome whom they meane in the name of the Church did not tolerate this Emperour because hee could chastise him without
premisses because if the Pope wil transferre any kingdome from one to another he may say that he iudgeth it necessary for the health of soules and none 〈…〉 of has iudgement as hath beene said And 〈…〉 his pleasure whether he will take from 〈…〉 but that all Kings 〈…〉 th●● kingdomes which 〈…〉 at the 〈…〉 Behold in how 〈…〉 Christia● Kings and Princes should stand 〈…〉 that the Pope hath power indirectly to 〈…〉 all temp●●aliti●s of Christians who shall mea●● t●at 〈…〉 owne pleasure and iudgement that 〈…〉 for him if he be displeased then to 〈…〉 his indirect power so o●t 〈…〉 priuate 〈◊〉 o● the ambi●● 〈…〉 forward or euen 〈…〉 and contemned 〈…〉 Where of ●●●face 〈…〉 haue giuen 〈…〉 all of i●any they 〈…〉 to 〈…〉 mighty 〈…〉 of the po●tifi●● 〈…〉 and 〈…〉 one after another as 〈…〉 I omit this reason taken 〈…〉 a●●●ought it 〈…〉 for that 〈…〉 that 〈…〉 kingdoms but an execution 〈…〉 to th●m by the Pope ●●t i● it strange against the 〈…〉 and all the ab●tto● of the indirect power 〈…〉 all 〈◊〉 all 〈◊〉 and iurisdiction is 〈…〉 by the law of God o● of Man and also he 〈…〉 o● holdeth any th●ng i● he hold by nei●●●● of these holdeth wrongfull● as Augustire reasoneth 〈…〉 against the D●●atists Therefore it cannot be that the Pope should iustly exercise any temporall iurisdiction ouer secular Kings and Princes vnlesse it be certaine that the same is giuen him either by the law of God or of Man But neither in diuine nor humane lawes is any such place found which confers any such power vpon him whereas on the contrary part the domination and authority of kings is openly commended and allowed by many testimonies of sacred Scriptures as when it is said By mee Kings raigne All power is giuen to you The Kings of the Nations rule ouer them The heart of the King is in the hand of God I will giue them a King in mine anger My sonne feare the Lord and the King Feare God honour the King and euery where the like speeches Lastly seeing this temporall power and Iurisdiction of the Pope whereof we speake is not found to be comprised neither in the expresse word of God in the Scriptures nor by the tradition of the Apostles receiued as it were by hand nor practised by vse and custome in the Church for these thousand yeeres and more or exercised by any Pope nor allowed and commended nay not so much as mentioned by the ancient Fathers in the Church I pray you what necessitie of faith should force vs to admit it or with what authoritie can they perswade the same vnto vs Our opinion say they is prooued by reasons and examples how glad say I would I be that that were true But wee ought chiefely to know this that onely those reasons are fit to prooue this opinion of theirs whereof euident proofes and demonstrations are made which none of them hath hitherto brought nor as I thinke could bring For as touching reasons onely probable and likely whereof Dialectike syllogismes doe consist their force is not such as can conclude and giue away from Kings and Princes their soueraigne authoritie from them seeing that euen in daily brables about trifling matters nothing can be concluded vnlesse the Cause of the Suiter bee prooued by manifest and euident proofes and witnesses and therefore the Actor not proouing he that is conuented although himselfe performe nothing shall carie the businesse But the helpe is very weake and feeble in Examples because they onely shew what was done not what ought to be done those excepted which are commended or dispraised by the testimonie of the Scriptures which seeing they are thus let vs now see with what reasons the Aduersaries continue their opinion CHAP. XIII THere is not one amongst them all who are of the Popes partie as I said before who hath either gathered more diligently or propounded more sharpely or concluded more briefly and 〈◊〉 than the worthy Diuine Bellarmine whom I mention for honors sake who although he gaue as much to the Popes authoritie in temporalities as honestly hee might and more then he ought yet could hee not satisfie the ambition of the most imperious man Sixius the fist Who affirmed that hee had supreme power ouer all Kings and Princes of the whole earth and all Peoples Countries and Nations committed vnto him not by humane but by diuine ordinance And therefore he was very neere by his Pontificiall censure to the great hurt of the Church to haue abolished all the writings of that Doctor which do oppugne heresie with great successe at this day as the Fathers of that order whereof Bellarmine was then did seriously report to me Which matter comforts me if peraduenture that which I would not any Pope possessed with the like ambition shall for the like cause forbid Catholikes to read my bookes Let him doe what he will but he shall neuer bring to passe that I euer forsake the Catholike Apostolike and Romish faith wherein I haue liued from a Child to this great age or dye in another profession of faith then which was prescribed by Pius the 4. We will then bring their reasons hither out of Bellarmine for they are fiue in number leauing others especially Bozius his fancies which are vnworthy that a man of learning should trouble himselfe to refute The first reason is which Bellarmine propounds in these wordes The ciuill power is subiect to the spirituall power when each of them is a part of the Christian common-wealth therefore a spirituall Prince may command ouer temporall Princes and dispose of temporall matters in order to a spirituall good for euery superiour may command his inferiour And least any peraduenture elude this reason by denying the Proposition with the next he labours to strengthen the same by three reasons or Media as they call them Now that ciuill power not onely as Christian but also as Ciuill is subiect to the Ecclesiastike as it is such first it is pr●●ued by the ends of them both for the temporall end is subordinate to the spirituall end as it appeares because temporall felicitie is not absolutely the last end and therefore ought to be referred to the felicitie eternall Now it is plaine out of Aristotle Lib. 1. Eth. cap. 1. that the faculties are so subordinate as the ends are subordinate Secondly Kings and Bishops Cleargie and Laitie doe not make two common wealthes but one that is one Church for we are all one bodie Rom. 11. and 1 Corinth 12. But in euery bodie the members are connexed and depending one of another but it is no right assertion that spirituall things depend on temporall therefore temporall things depend of spirituall and are subiect to them Thirdly if a temporall administration hinder a spirituall good in all mens iudgement the temporall Prince is bound to change that manner of gouernment yea euen with the losse of a temporall good therefore it is a signe
that the temporall power is subiect to the spirituall Thus he Which that I may satisfie in order I answere that it is very false which in this first reason is thrust vpon vs for a true certaine and sound foundation false I say that the Ciuill power is subiect to the Spirituall since both of them is a part of the Christian common weale vnlesse they vnderstand it thus that it is subiect in spirituals and againe that this ought to be subiect to that in temporals since these two powers are so parts of the Christian common-weale as neither hath authoritie ouer other as which when they were free and of themselues absolute out of a mutuall loue closed together Therefore each of them acknowledgeth and reuerenceth the other in his order and office and each doth exercise her function at her pleasure only there is between them a certaine consent and fellowship conspiring in the conseruation and maintenance of the Christian common-weale for by both the powers or to vse Gene●rardes wordes by both the Magistra●tes Ecclesiastike and 〈◊〉 the Church is maintained defended and flourisheth which that she might be protected and preserued tyght and vpright alterius sic Altera p●●●it opemres coniurat ami●● that as long as they keepe this societie the Christian common weale is like to flourish and abound with innumerable commodities of concord and peace But when they dissolue this combination thus contracted certainely the spirituall power though it excell with a diuine vertue yet being now weakned in the ere of the world and depriued of his corporall helpes for the most part is contemned and the temporall although it be mightie and strong hastneth thorough all villanie and surie to her owne destruction being destitute of heauenly grace which she enioyed by the societie of the spirituall power Notwithstanding neither can the power Ecclesiastike redresse her wrongs the more by her selfe but by spirituall weapons nor the temporall power worke vpon the Ecclesiastike but by visible and corporall armes whereof I would to God that both the monuments of former times and also our owne age memorie did not put vs in minde thorough so many lamentable examples And this surely is no other thing then that which I said before Hosius said to Constantius the Arrian 〈…〉 lawfull for us to hold any Empire on earth neither haue you power oner sacrifices and holy things being an Emperour and which S. Bernard to Eugenius the Pope These law and earthly businesses haue Iudges Kings and Princes of the earth Why doe you inuade an others borders why reach you your sithe into another mans haruest Therefore these two powers Ecclesiastike and Politike are not so parts of the Christian common-weale that one should be Master ouer the other but so are parts as which when they were single and deuided one from the other with a singular concord and vnion ioyned together at the last that each of them might afford helpe and succour to the other and by mutuall and enterchanged courtesies and offices might oblige and demerit one another Neither is it to be granted because the power Ecclesiastike is holier and worthier then the Politike therefore that this is subiect to her but onely as it often commeth to passe in a ciuill societie that she being the worthier and the richer applied herselfe to this which is neither so noble nor so wealthy for the benefit of them both so as both of them remaine free in that societie and neither depend any way of other Therfore excellently writes Dried● to this purpose Christ saith he seuered the duties of these two powers that the one might gouerne diuine and spirituall matters and persons the other prefane and worldly and after Behold thou plainly sees that Christ hath seuered the duties of both the powers Therefore the distinction of the Ecclesiasticall power Papall from the secular and Imperiall power is made by the law of God And after in the same chapter From whence the Pope and the Emperour are in the Church not as two chiefe Rulers diuided betweene themselues wherof neither knoweth other or reuerenceeth as his superiour for this ought to acknowledge and reuerence him inspirituall cases and he this in temporal and according to the old Glosse in Ca● Hadrian 63. as he is father to this in spirituals so is this to him in temporals because a kingdome diuided against itselfe will come to ruine Nor againe are they as two Iudges subordinate so as the one receiues his iurisdiction from the other But they are as two rulers who are the Ministers of one God ●esigned 〈…〉 diuers offices so as the Emperour ●ouerns 〈…〉 persons for a peaceable Society in this world and the Pope rules spiritual to the aduancement of Christian faith and charitie But Bellarmine also himselfe Marke quoth he that the Sunne and the● Moone is not the same Starre and as the Sunne did not constitute the Moone but God so also that the Pontificate and 〈…〉 is not the same nor one absolutely depend on the other Surely the Sunne and the Moone are two great lightes when Pope Innocent 〈◊〉 interpreteth by an allegory Two dignities which are the Pontificall authority and regall power and compares that to the Sunne this to the Moone From whence I reason on this manner As the Moone is no lesse the Moone nor consisteth the lesse of hirselfe when shee departs from the Sunne and by wandering looseth the light shee borrowed on him then when shee is enlightned with his beames in herfull Orbe and Aspect and in neither regard either shee depends of him or he of hir but both holding the order and manner of their institution doe seruice both to God and the world so also the Kingly or Politike power resting on hir proper strength sub●●teth al●aies by hirselfe and although she receiue great light 〈◊〉 the Pontifical and spirituall power to liue well and 〈◊〉 yet is not changed at all hir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Essence 〈…〉 her approach nor by her departure nor 〈◊〉 nor 〈◊〉 much lesse is shee subiect to her when shee 〈◊〉 to her Now it remaineth that we seuerally declare the faultes of the reasons wherewith Bellarmine supposeth that his first reason is vnderpropped CHAP. XIIII THerefore touching the first I doe constantly deny that there is any such ordination or subordination of the endes of their powers so farre as their powers are such For the end of Politike or Ciuill power so far as it is politike absolutely containeth no more then a temporall 〈◊〉 I meane the Common-good and a well ordered tranquillity for the quiet conduct of life as Bellarmine himselfe confesseth in another place The Ciuill power saith he hath her Princes Lawes Iudges c. and likewise the Ecclesiastike her Bishops Canons Iudgements That hath for end a temporall peace this eternall saluation Neither doth this Ciuill power proceed further and is referred to none other end as it is such For in that it
of all men who might by the law of nature constitute an Emperor ouer them not from the Bishop of Rome who hath no authority to giue a King or Emperor to any Prouince in the world without the consent of the same The same Cardinall being himselfe both a great Diume and Philosopher addeth many other things in that place by which he confirmes our distinction and declares that Emperors and Kings are both ouer and vnder the Popes And thus much touching the first reason of Bellarmine and the arguments brought by him to prooue the same CHAP. XVII THe second reason followes which is concluded by two fould arguments The second reason saith he the Ecclesiastike Common-weale ought to be perfect and in it selfe sufficient in order to her end For such are all Common-weales rightly founded therefore ought shee to haue all power necessary to attaine her end But the power to vse and to dispose of temporall matters is necessary to this Spirituall end because otherwise wicked Princes might with impunity nourish Heretikes and ouerturne religion therefore shee hath this power also Againe euery Common-wealth because it ought to be perfect and sufficient in it selfe may command another Common-wealth which is not subiect to it and constraine it to change the Gouernment yea euen to depose hir Prince and to appoint another when it cannot otherwise defend it selfe from hir ininries therefore much more may the Spirituall Common-weale command the Temporall Common-weale being subiect to hir and force it to change the Gouernment and to depose the Princes and appoint others seing she cannot otherwise maintaine hir Spirituall good I answer that heere are so many faults in this place as it seemeth that the Author did either idlely and carelesly transcribe all this out of some other or if it be all his owne that he did not very well remember those things which he had said before For a little before when as he laboured by another argument to prooue that the Ciuill power is subiect to the Ecclesiastike he affirmed that these powers were parts only of one Common-wealth and that they did constitute only one Common-wealth The first reason saith he is thus The Ciuill power is subiect to the Spirituall power because each of them is a part of the same Christian Common-wealth And againe secondly Kings Bishops and Clerikes and Laikes do not make two Common-wealthes but one But in this place he quite changes these two Powers into two Common-wealthes which therefore ought to be so seuered and disioyned as that Kings and Laikes doe make a Politike and Temporall Common-wealth Bishops and Clerikes a Spirituall or Ecclesiastike then which nothing could be spoken more absurdly or vnfitly for the present purpose For either he speaketh in this place of an Ecclesiastike power which is wholy seuered from the Ciuill power as it was once in the time of the Apostles and now is in those places where Christians laie amongst Heathen and Infidesl in which case it is euident that the Power or Common-wealth Ecclesiastike as he calles it or the Prince and Hierarch thereof hath no authority at all not so much as Spirituall ouer the Ciuill Prince because he is not a child of the Church Or he speakes of the power Ecclesiastike ioyned with the Ciuill as in a Christian Common-wealth and then hee doth wrong to make hir two Common-wealthes one Ecclesiastike and the other Politike when as they be onely two powers of one Christian Common-wealth and parts and members of one Church and Misticall body of Christ as himselfe deliuered before Further it is fals which he assumes That the power to vse to dispose of temporall matters is necessary to a spiritual end c. For the Prince of the Apostles himselfe openly teacheth that he had no such manner of authority ouer the temporalities of Christians except those which themselues of their owne accord did confer and offer to the Church when he saith Ananias why hath Satan tempted thy heart that thou shouldest lie to the holy Spirit and defraud of the price of the field Whilest it remained did it not belong to thee and being sould was it not in thy power If the Apostles had had power to dispose of the temporalties of Christians Peter surely had not said Did it not c. and when as Ananias might presently haue replied yes you had power to dispose of my goods and therefore fearing least you would take from mee more then was cause I concealed part of the price But because the Church had not this power therefore without cause did he lye to the holy Ghost And how if out of this foundation of Bellarmine it should follow that the primitiue Church had not all necessarie power to attaine vnto her end for for the space of 300 yeeres and more wherein she liued vnder heathen Princes after the passion of Christ she neuer had this power to dispose of Christians temporalties in which time notwithstanding it is most certaine that an infinite multitude of men and almost the greatest part of the world had giuen their names to Christ and that a more seuere and strict discipline raigned in the Church then at any time beside that it is impious to say that the Church was not then furnished with all necessarie meanes of Right and of Fact to attaine her end for the workes of God are perfect And surely he should doe Christ no small iniurie who thinkes that the Church is by him left and deliuered to the Apostles destitute of necessarie meanes for her preseruation Whatsoeuer was necessarie for the Church to attaine her end was abundantly and plentifully bestowed by Christ on his Apostles when he said Ego dabo vobis os sapientiam cui non poterunt resistere contradicere omnes aduersarij vestri Therfore whosoeuer conceiues that Christ recommended his Church to Peter and willed him thrice to feede his Lambes and Sheepe and supposeth that for the feeding of those sheepe and to the accomplishing of the end of his commandement he did not grant them all things necessarie both in Right and in Fact hee seemes to me no better then an Atheist and to doubt of the prouidence power and goodnesse of God Let vs imagine that he did not giue all power necessarie for the execution of so great a charge can any other reason why he did not be assigned then for because either the Lord knew not what was needfull or had no abilitie in him to giue it or which is a point of extreame malice he meant to deceiue his seruants and friends by enioyning that dutie vnto them which hee knew very well that they were neuer able to performe By these things it is cleare that the temporall authoritie and power to depose Princes is no way necessarie for the Church to attain her end although in humane consideration it may seeme sometimes to be profitable For God who hath chosen the foolish things of the world to confound the wise and
hath chosen the weake things of the world to confound the strong knowing that his Church only stood in need of spirituall armes did so from the beginning furnish her with them that she ouercame all humane power and might so as it might be said truly a Domino factum est illud est mirabile in oculis nostris S. Bernard writeth excellently as hee doth alwaies to Eugenius the Pope This is Peter who was not at any time knowen to walke clad in silkes or adorned with precious stones not couered with gold nor caried on a white steed nor waited on with a guard of souldiers nor compassed with troups of seruants attending on him and yet he thought that without these that wholesome Commandement might be discharged Siamas me pasce oues meas heerein thou hast succeeded not to Peter but to Constantine Therefore although the temporall power whereof we speake may seeme to men to be necessarie for the Church yet to God it seemed neither necessarie nor profitable peraduenture for that reason which the successe of matters and experience it selfe hath taught the posteritie least the Apostles and their successors trusting on humane authoritie should more negligently intend spirituall matters and should chiefly place their hope in armes and in a temporall authoritie and might which they ought to settle in the power of the word of God and in his singular helpe And indeed if a man would take a view in Storie of the state of the Church from the passion of Christ to this day he shall see altogether that she grew very soone and flourished very long vnder Bishops that were content with their owne authoritie that is with spirituall iurisdiction who being the Disciples of the humilitie of Christ iudged that the onely strength to defend the Church did consist in the power of preaching the Gospell and the diligent obseruation of Ecclesiastike Discipline without any mention of temporall power And againe ●●om the time that certaine Popes went about to annex and adioine a soueraigne temporall gouernment to that spiritual soueraigntie which they had that the Church decased euery day both in the number of beleeuers and behauiour and vertue of gouernours and that same seueritie of the ancient discipline being either remitted or to speake more truely being omitted that many Ministers of the Church discharged their places more slothfully and carelesly then before I omit that if these mens reasons were good it would follow by contraries that the temporall common wealth as they speake hath power to dispose of spirituall matters and to depose the soueraigne Prince of the Ecclesiastike common wealth because It ought to be perfect and sufficient in it selfe in order to her end and to haue all power necessary to attaine to her end But the power to dispose of spirituall matters and to depose the Prince Ecclesiastike is necessary to the temporall end because otherwise wicked Ecclesiasticall Princes may trouble the state and quiet of a temporall common wealth and hinder the end of the ciuill gouernment as indeed diuerse Popes haue been causes of much vnquietnesse Therefore the temporall Common-wealth hath this power The consecution is vtterly false and absurd for a temporall Prince as he is such a one hath no spirituall power and therefore the other is false too to which this by analogie is a consequent But as we vse to speake dare absurdum non est soluere argumentum Therefore I doe answer otherwise to the former part of this second reason That here be not two common weales as he supposeth but one only wherein there be two powers or two Magistrates the Ecclesiastike and the Politike whereof each hath those things which he doth of necessity require to attaine his end the one his spirituall the other his temporall iurisdiction and that neither this iurisdiction is necessary to that power nor that for this Otherwise we must confesse that each power is destitute of her necessary meanes then when they were seuered as sometimes they were which I haue already shewed to be very false as well out of the end of the temporall or ciuill gouernment at it is such as by the state of the Church being established vnder heathen and infidell Princes According to this manner in one and the same ciuill policie I meane in one City or kingdome many magistrates are found inuested with diuerse offices power and authority who gouerne the common weale committed to them in parts euery one of whom receiueth from the King or common wealth necessary power to attaine the end of their charge so as none of them may or dare inuade and arrogate to themselues the iurisdiction and rule of an other If the Consuls want any part of the Tribunes power or the Tribunes any of the Consular iurisdiction it can not be said therefore that both haue need of an others power to compasse their ends for each office according to the ground of the first institution is perfect and furnished with all necessary authority for the execution of his charge Or to bring forth more known examples As in one kingdome and vnder one King there are two great offices whereof the one the Chancellor the other the Constable hath by commission from the King the one hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the speciall charge of the law and iustice the other the managing of armes and the gouernment of all military discipline committed to him and each of them according to the quality and condition of his office is absolute and receiueth from the King all authority necessary for the execution of his charge and the compassing of his end Neither if peraduenture one of them either of negligence or iniury doe hinder the course of the other may he that is so hindred by his proper authority disanull his office or vsurpe his iurisdiction or to be short enforce him to amend his fault but by lawfull meanes granted him by commission from the King but it is requisite that each complaine to the King of others abuse of whom they haue receiued their authority so distinguished in offices and function that he may right him that is wronged and determine by his owne power and iudgement the diuision of the whole cause Now so long as these officers doe agree in the kingdome the one maintaines an others authority and vseth of his owne to supply that which is wanting in the other But if a Country-man to auoid iudgement of law doe depart into the Campe to the Army the aide of the Martiall at armes being required he is wont to be sent backe to the place from whence he fled and of the contrary if one that forsakes his Coloures shall slip into the City the City Magistrate being requested by the Magistrate at armes will by and by see him conueighed to the Campe to be punished for his misdemeanour But where they doe disagree they giue those wounds to the Common-wealth which the Prince onely can helpe and cure because
aspireth to eternall happinesse it hath not that of hir selfe not I say so farre as it is Politike doth shee direct hir indeuours thither as to hir last scope but in respect that shee is spirituall or else is furthered by the societie and Counsels of the Ecclesiastike power As appeareth by innumerable both peoples and Cities in whom the Ciuill power was strong and powerfull by seuerity of lawes although they had very slender or no notion at all of this euerlasting happinesse whereof we speake This also the Apostle declares when he willes vs to pray for Kings and all that are in authoritie that we may liue a peaceable life in all pietie and chastitie ascribing peace and tranquillitie of life to the Politike gouernment but pietie and chastitie to Christian discipline Therefore to speake in one word we must know that the ends of humane actions are in the intention and not in the vnderstanding that is to say not that which the vnderstanding can inuent by discourse of reason is the end of the Action but that which the will doth desire to attaine by doing while the minde meditates on the Action that is the end of Action Whence Nauarrus saith very well That the end of the Laike power is the good happie and quiet temporall life of men which also is the end of the lawes which proceeded from the same And that the end of the Ecclesiastike power is an euerlasting supernaturall life and that the same is the end of the lawes which proceed from her I would prosecute this further but that I thinke that the matter is plaine enough to men of wit euen by Philosophie it selfe But the second reason is so friuolous and captious as nothing can be spoken more fondly or be gathered more vnsoundly for is there any old wife so doting as vnderstands not the weaknesse of this consequution They are members of one bodie therefore one depends of another For neither doth a foote depend of a foote nor an arme of an arme nor a shoulder of a shoulder but they are ioined to some third and middle member by themselues or by other members to which they adheare And is it not gathered by the same manner of reasoning and by the same argument plainly The armes of euery man be members of one bodie But in euery bodie the members are connexed and depending one ●● another but it is not rightly affirmed That the right depends of the left Ergo The left arme of euery man depends of the right and is subiect to it Who would not laugh at such kind of Arguments so full of vanitie I hate those miserable demonstrations which doe rather inwrap and infold the matter they haue in hand with qu●●ckes illusions and captious sophistications then explane the same for as the armes are knit to the shoulders and the shoulders are knit to the necke and head nor the right arme or the right shoulder is subiect to the left or contrarily so the power spirituall and temporall or Ecclesiastike and Politike although they be members of one Politike bodie and parts of one Christian common-weale and Church yet neither is subiect to the other and neither can without great sinne presse and encroach vpon the borders and Iurisdiction of the other but both as it were the shoulders of one bodie are knit to the head which is Christ. Whereof this I meane the Politike prescribeth to the Citizens and Subiects the preceptes of liuing wherein the peace and tranquillity of humane societie is maintained and the other raiseth and instructeth mens mindes to the supernaturall contemplation of immortality and eternall happinesse which doth subsist with Ciuill tranquillity and sometimes without it whereof it followes that these powers are diuided and seuered in the same Christian Common-weale so as neither can be subiect to other so faire foorth as it is such And surely vnlesse Bellarmine confesse this he will be conuinced by his owne doctrine deliuered other where for in his third booke De Rom. Pontif. c. 19. where he consutes the trifles of the Smalchaldike Synod of the Lutherans and answers to that argument of theirs wherein they say That the Pope makes himselfe God seeing he will not be in aged by the Church nor by any man he shewes that the consequence is saulty in an argument drawen from Kings who also themselues haue no Iudge in earth as concerning temporalties The Kings of the earth saith he certainly acknowledge no iudge in earth in the point which appertaines to politike matters shall there be therefore as many Gods as there be Kings What other thing is it I pray you that Kings haue no Iudge in earth as concerning politike matters then that which we will prooue that the Politike power is distinguished from the Ecclesiastike and that the Pope can by no meanes dispose and iudge of the same For if he could surely either Kings should haue a Iudge in earth euen As touching politike matters or the Pope must alwaies dwell in heauen Therefore it cannot be but that Bellarmine either disagreeth from himselfe or that he hath slipt for want of memory or that which I beleeue not that he desires to vary and change the truth when as in one place he affirmeth for certaine and granted that Kings haue no Iudge in earth as concerning Politike matters and in another place hee sets the Pope as Iudge ouer all Kings and Princes who may iudge and depose them and at his pleasure dispose of all their kingdomes and estates For whereas he makes the distinction in these words directly and indirectly that belongeth onely to the forme and maner of proceeding but not to the force and working of the iudgement For it is euer true that he hath a Iudge in earth as concerning temporalties whom the Pope iudgeth in temporalties what way soeuer either directly or indirectly And I pray you what oddes is there in regard of the miserie and calamity of a King that is iudged by the Pope and depriued of his kingdome whether the Pope hath done it directly as if hee should giue sentence vpon the King of Sicily or Naples as the direct Lord of the fee vpon his vassell or h●th do●●●t indirectly as vpon other Kings who are 〈◊〉 subiect to him by any Ch●ntelar law it so be a like 〈…〉 both the iudgements And this is suffi 〈…〉 argument No let vs examine what 〈…〉 〈…〉 is plain euen 〈…〉 ●●thered thereof by the Au 〈…〉 ●temporall power is subiect to 〈…〉 to prooue a matter by demon 〈…〉 bring●th soo●th a sig●e and that surely 〈…〉 which many times de●●●ues vs by a 〈…〉 ●herefore I answer to the argument by de 〈…〉 For although it be true that a tem 〈…〉 ●●und to change the manner of his go 〈…〉 ●●●●●tuall good be ●●●dred thereby ●et is it 〈…〉 by a necessary consequence that the 〈…〉 to the Sp●●●tuall but this onel● that a ●●●●●tuall good is mor● excellent then a temporall good the which is true
list the Annals and Records of all Nations let him read through all Scriptures and Stories he shall finde amongst them no one step whereby it may be gathered that those christian Princes when they gaue their names to the Church did submit their Scepters to the Pope and did specially and by name a bandon their soueraigne temporall Magistracie But it must appeare that Princes wittingly and knowingly did descend and giue themselues into the dition and authoritie temporall of the Pope or we must confesse that as much as concerned regall dignitie they remained after Baptisme in the same power and condition wherein they were before they receiued holy imitation of Christianitie for as he witnesseth himselfe the law of Christ depriues no man of his right and peculiar fee. But before they gaue their name to Christ of right and in fact as he saith they exercised ciuill authoritie ouer the Pope and might lawfully iudge him in temporall Cases therefore they might likewise doe it lawfully after Baptisme Which if it be so it cannot be by any meanes that they should be iudged by him in temporall matters seeing it is impossible that any man should bee superiour and inferiour in the same kind of authoritie and in respect of one and the same thing It is true that those christian Princes for the reuerence they bare not onely to the Pope but also to all other Bishops yea and Priests also did very seldome put that iudgement in practise But this argues a want of will onely and not of power also Wherefore as a Consul or President when he yeelds himselfe to adoption transferres none of those rights which belong to him by his office into the familie and power of his adoptiue father neither can transferre them but reserues them all entirely to himselfe so Princes in the beginning hauing deliuered themselues into the spirituall adoption of the ecclesiastike Hierarchie could by that act loose none of those things which belonged to the right of a kingdome and their publike ciuill estate for that the nature of these powers is deuided so as although being yoaked and coupled together they did very htlv and handsomely frame together in the same christian Common-wealth yet neither of them as it is such is subiect or master to the other and neither doth necessarilie follow and accompanie the other but each may be both obtained and also lost or kept without the other But now because the learned Bellarmine is very much delighted with similitudes and besides prooues thi common opinion de indirect a potestate temporals summ● Pontificis by no testimonie either of Scriptures or of ancient Fathers but onely by certaine reasons fetched a simili a very poore and weake foundation to build a demonstration vpon I thinke I shall not doe amisse by a similitude of much more fitnesse to confirme also our opinion of this matter The sonne of the familie although he goe to warres and beare publike office and charge is by the law of God and man subiect to his Father in whose sacred houshold power he is yet abiding And againe the father who hath this power ouer his sonne is subiect to his sonne as a magistrate but 〈◊〉 another kind of power For the one as he is a Parent challengeth authority ouer his sonne whereby he may correct chastise and punish him offending and committing any thing against the lawes of the family or practising any thing against himselfe or otherwise doing that which is vnworthy and vnfitting a good sonne not by the right of a Magistrate but by the authority of his fatherly power and not with euery kind of punishment but only with certaine which are allowed by the law Therefore if his sonne deserue ill he may disherit him cast him out of the house depriue him of the right of the family and kindred and chastise him with other domesticall remedies But he can not disanull his Magistracy nor take from him his goods in the campe nor condemne him by a publike iudgement neither inflict any other mulct or paine due for his fault by the law either directly or indirectly because this course exceedeth the measure and iurisdiction of a fatherly power But the other although a sonne and obliged by the fathers bond yet as he is a Magistrate in publike authority ruleth ouer his father and in publike affaires and euen in priuate so be it they be not domesticall may command him as well as other Citizens If there be a sonne of a family saith Vlpian and beare an office he may constraine his father in whose power he is suspectum dicentem haereditatem adire restituers From hence if the sonne of the family be Consul or President he may either be emancipated or giuen into adoption before himselfe For which cause the father is no lesse bound then if he were a stranger not only to obey his sonne being in office but also to rise to him and to honor him with all the respect and honor which belongeth to the Magistrate In the very same manner the Pope who is the spirituall father of all Christians by his fatherly Ecclesiastike power as the Vicar of Christ doth command Kings and Princes as well as the rest of the faithfull and in that respect if Kings commit any thing against God or the Church he may sharply chastise them with spirituall punishments cast them out of the house and family of God and disinherit them of the kingdome of heauen most fearefull and terrible punishments for christian hearts to thinke on because all these things are proper to his fatherly power spirituall But neither can he take from them temporall principality and domination nor inflict ciuill punishments vpon them because he hath obtained no ciuill and temporall iurisdiction ouer them by which such manner of chastisement ought to be exercised as also for that the fatherly power spirituall wherewith the Pope is furnished is very far diuided from the ciuill and temporall in ends offices and euen in persons also For God as he hath committed spirituall power to the Pope and the other Priests so also hath he giuen the ciuill by an euerlasting 〈◊〉 tion to the King and the Magistrates which be vnder him There is no power but of God To this place belongs that ancient glosse which the Cardinall of Cusa writes that it was assured to the Canon Hadrianus Papa 63. in which Canon it is deliuered that the Pope with the whole Synod granted to Charles the great the honor of the Patriciate For the glosse said that a Patrician was a father to the Pope in temporalities as the Pope was his father in spiritualities And the same Cardinall in the same booke speaking of the electers of the Germane Emperors from whence the electors saith he who in the time of Henry the second were appointed by the common consent of all the Almans and others who were subiect to the Empire haue a radicall power from that common consent
No inferiour and subiect hath authority ouer his superiour and Lord that he may iudge him in that wherein he is subiect But the Pope before he was a temporall Prince was inferiour and subiect to Kings and Emperours as concerning temporall matters Ergo hee had no temporall authority ouer them that hee might iudge them in temporalties The proposition also of this Svllogisme is out of all question seeing no man can be iudged but by his superiour a superiour I meane in that very point whereof the iudgement is made For as we haue often said Par in parem non habet imperium And in nature it cannot be that one and the same person should be both inferiour superiour in the same kind of authority in respect of one and the same matter no more then that the same man should be Father and Son in respect of one and the same And the same reason doth Bellarmine vse to proue that the Pope cannot submit himselfe to the coactiue sentence of Councels The Assumption is confessed by the aduersaries when as they affirme and clearely confirme by reasons That the exception vnlesse you wil say exemption of Cleriques in ciuill causes aswell concerning their persons as Gods was brought or by the law of man For as Augustine witnesseth humane lawes be the lawes of Emperours because God hath distributed to mankind the humane lawes themselues by the Emperours and Kings of the world Therefore the Clergy haue from Emperours and Kings whatsoeuer exemption and immunity it is which now they enioy all the world ouer in ciuil causes as we shewed in the last Chapter before And that euen of their meere and free bounty for they could not bee enforced in any sort by the Church to grant the Clergy those priuiledges seeing it is not found to be expressed prouided by no law of God And the law of Christ depriueth no man of his proper right interest as thēselus confesse we haue often signified And therfore as their owne learning carieth Bishops ought to be subiect to Kings in temporalties and Kings to Bishops in spiritualties By all this discourse it followeth that Clergie men were bound by the common law of other Citizens in ciuill and temporall matters and were alike subiect to the authoritie of secular Iudges as well as the other inhabitants of the Cities before that they were by godly Princes endewed with these Priuiledges of exemptions and many holy Popes haue honestly confessed that in this case there is no difference betweene the Bishop of Rome or the Pope and other Clergie persons Therefore that which might be done let vs suppose it was done that is that the Pope being as yet inuested in no temporall principalitie or priuiledge doth liue vnder the gouernement of an other prince as his fellow Bishops and Brethren in France Spaine and Britanie and in other kingdomes doe Would it not be euinced by the necessity of the former argument that he cannot iudge and punish Princes in temporalties to whome hee is temporally subiect Therefore he hath either purchased a greater authority ouer Kinges and Emperours then he had before through the exemptions and priuiledges granted euen by them or else he cannot as yet iudge them in temporalties But if any bee so fond perhaps to say that the Pope hath alwaies had this authority from the first beginning of the Church viz. to iudge and depose euill princes but through the iniurie of the times hee hath by accident been hindered that he could not exercise it so long as hee was subiect to them touching the temporalties But now after that hee hath withdrawne his necke from the temporall yoake of princes made himselfe a temporall princes there is nothing to hinder but that hee may freely put in vre that iurisdiction I say if any shall vse this vaine ostentation I must answere him nothing else but that the things he speaketh are not onely false but also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vnpossible setting those things downe which the aduersaries confesse and which is most true that is to say that the Popes before such time as they were by godly Princes clearely exempted from temporal iurisdiction were subiect to them both de iure and de facto For it is impossible that at that time they should haue that power for that it is not competent but by right of superiority Now it implieth a contradiction that the Pope was by right superiour and by right inferiour at the same time in the same kind of authority in respect of one and the same and the naturall order of things doth not permit that the inferiour or subiect should commaund his superiour and Ruler Seeing therefore it is both absurd and impious to imagine that our Sauiour Christ qui non venit soluere legem sed adimplere should constitute and appoint any thing against the law of nature and the most holy rule of life they must needes bee in a great error who affirme that this soueraigne authority wherof we speake was by Christ conferred on Peter and in his persō on the rest of the Bishops who succeeded him when as they bring nothing to proue the same but certaine farre fetched reasons and full weake patched vp together of similitudes comparisons allegories and such like stuffe as you may see by that which wee haue refuted All which are to be reiected and little esteemed when as by the position and granting of them some absurditie doth follow as in this point or when as more probable and strong reasons grounded vpon the authority of Scriptures and Fathers do maintain the contrary opinion The last argument of Bellarmine is behinde in the refutation whereof we shall not neede to take much paines The third argument saith he is this A Shepheard may and ought so to feede his sheepe as is conuenient for them Ergo the Pope may and ought command Christians those things and inforce them to these things to which euery one of them in his condition is bound that is constraine euery one to serue God in that manner wherein they ought according to their state and condition But Kings ought to serue God by defending of the Church and by punishing heretickes and schismatickes Therefore he may and ought to command Kings that they doe it and vnlesse they doe it to enforce them by excommunication and other conuenient meanes Surely I see not what is contained in this argument which either confirmes or infirmes the temporall authoritie of the Pope For the beginning thereof is necessarilie to be vnderstood of spirituall foode Now the Popes reuenewes although they be great would not suffice to feede all sheepe with corporall pasture and so the end also and conclusion must be vnderstood of spitituall coercion and compulsion for hee saith to enforce by Excommunication and other conuenient meanes meaning Ecclesiasticall For the Pope is an Ecclesiasticke not a temporall Shepheard but only so farre as at this day hee hath temporall rule
vse a temporall authority euen ouer them who haue receiued authoritie ouer others And if any Bishop may doe that much more the Prince of Bishops Thus he And this example also is very farre from the matter in question wherein appeareth neither mention nor so much as any token of a temporall authority of a Bishop ouer an Emperour or any thing else whereby it may be concluded by any probable argument that such an authority doth belong to a Bishop but wholy belongeth to that spirituall authority of a Bishop which we both in heart acknowledge and confesse with the mouth that the pope hath ouer all Christians of what order or place so euer they be Ambrose excommunicated the Emperour for an offence committed by the iniust slaughter of many men doth not this belong to the spirituall iurisdiction of the Church which at this time Ambrose did exercise by his Episcopall authority But he could not excommunicate saieth he vnlesse he had vnderstood and iudged of that cause before although it were criminall and belonged to the externall Court Yes he might de facto as vnaduised Priests doe whome I haue seene sometimes send out an excommunication without tendring of the cause but de iure he ought not otherwise he should haue beene an iniust iudge if he had punished the delinquent party without hearing of the cause But let it be so he vnderstood the cause and iudged him worthy of censure and therefore did excommunicate the Emperour what then But he could not vnderstand and iudge of such a cause saith hee vnlesse also hee had beene a lawfull Iudge of Theodosius in an Externall Court Alas wee are catched in a snare vnlesse wee beware this peece of sophistry there lurketh in this assertion an exceeding cunning deceit by these words In an Externall Court A Court is twofold Politique or Ciuill and Ecclesiasticke or Spirituall The ciuill Court is wholy externall the Ecclesiasticke is subdiuided into externall and internall The externall Court Ecclesiasticke is wherein the causes belonging to the notice of the Church are openly handled and iudged and if they be criminall punishment is taken of them by Excōmunication interdiction suspension depositiō or by other means and oftentimes both the temporall and spirituall or Ecclesiasticall Iudge doe heare the same crime euen in the externall Court but each of them in his proper Court and to impose diuers penalties as the ciuill Iudge taketh knowledge of adultery vt sacrilegi nuptiarum gladio feriantur The Iudge Eclesiastique also taketh knowledge who hath the care of the soule to admonish the offender of his fault and if he persist in offending to chastise him with spiritualll punishments But the internall Court of the Church which is called the Court of the soule the Court of Poenitencie the Court of Conscience is that wherein the Priest takes notice and iudgeth of the sins reuealed to him by the conscience and in his discretion doth enioine him Poenitency according to the quality of the sinne For now the common opinion is that Poenitential constitutions are arbitrary that not only the Bishop but also any discreete Confessor may regularly moderate and mitigate them in the Court of the soule If therefore Bellarmine by forum externum do vnderstand the Ecclesiasticall Court which is content with spirituall paines onely wee grant all which hee saith For Ambrose was the lawfull Iudge of Theodosius in that Court and that he openly declared in deed and in effect when as hee did excommunicate him But when this is set down and granted there can nothing bee gathered from hence to confirm the temporall authority of Bishop or Pope because aswell the iudgement as the punishment was spirituall But if Bellarmine by forum externum vnderstand the ciuill Court it is most false which he propoundes for as the powers ecclesiasticke and ciuill are distinguished of God so are their Courts dictinct their iudgements distinct For the same Mediator of God and men Christ Iesus hath seuered the offices of each power by their proper actions and distinct dignitus Surely hee doth Ambrose great wrong if he thinke that after hee had obtained the Bishopricke hee heard and iudged criminall causes in a ciuill Court Ambrose then was no lawfull Iudge of Theodosius in an externall ciuil Court which is inough to proue that hee could not iudge or punish the Emperour with any temporall punishment But you will say Ambrose heard and iudged of the slaughter It is true but not as a ciuill and temporall Iudge J say I did not take knowledge of the crime for the same end for which the secular Iudge doth that place out of Aristotle is very good that many may take knowledge of one and the same subiect diuersly and after a diuers manner end and intention Jt is the same right angle which the Geometrician searcheth to vnderstand and the handicrafts man to worke by it So it is the same crime whereof the Laicke Iudge taketh notice that hee may punish the offender by death banishment the purse or by some other temporall punishment and which the ecclesiasticall Iudge knoweth that for the quality of the offence he may enioine spirituall punishment and Penitence At coegit Imperatorem adlegem politicum ferendam viz. he constrained the Emperour to make a ciuill law and therefore hee vsed a temporall authority ouer him A ●est If hee constrained him by what power by feare of what did hee constraine him The summe of the story will teach vs that which is thus Ambrose had cast on Theodosius the band of excommunication from whence when the Emperour desired to be deliuered the graue Prelate denies to doe it before such time as hee see in him some fruit of repentance what paenitence saith he haue you shewed after so hainous a crime or with what medicine haue you cured your grieuons wounde The Emperour answered that it is the office of the Bishop to temper and lay a medicine to the wound that is to say to enioine poenitencie to the sinner but of the Poenitent to vse those medicines which are giuen him that is to say to performe the poenitency enioined vnto him Ambrose hearing this for poenitence and satisfaction he imposed vpon the Emperour the necessity to make this law whereof we speake which being made and enacted for presently the Emperour commaunded the law to bee ordained Ambrose did loose him fram his bonds of excommunication Therefore in this case Ambrose vsed no temporall authoritie against Theodosius but whatsoeuer it was he commaunded by vertue and power of his spirituall iurisdiction neither did the Emperour obey this Prelate for feare of any temporall punishment for if hee would not haue obeied but as wicked Princes sometimes doe had contemned both the excommunication and the absolution Ambrose could goe no further at all But because the godly Prince was carefull for his soule lest hee beeing bound too long with this spirituall chaine might through the long imprisonment gather filthinesse