our Kings much lesse of the King himself many yeares before King Henry the eight was borne were of no force by the common lawes of England as is manifested by Hainric in Becano Baculus Where also he hath taught you out of the same lawes that the King of England is the supreme Ordinary of his Kingdome On as it is in the oath of Supremacy The onelie supreme Gouernour of the Church of England And yet wee doubt not but he may besuspended from the Eucharist by a Bishop to whom hee himselfe hath committed Ecclesiasticall iurisdiction as Theodosius was by Ambrose that is by resnsall to giue him the holy CoÌ„munion but not in any iudiciall or coÌ„sistorian form of citation appearance and sentence to be cast out of the Church The Iesuit is deeply deceiued if he imagine that the action of Ambrose was solemne and canonicall or that it was excommunication in a strict and proper sense which thing I will when need requireth convince by many solid arguments And in the meane season let him shew mee whether Theodosius was canonically cited vnto the consistory of Ambrose or whether the Emperour did answere for himselfe either in person or by his Proctor Or whether the sentence of excommunication was pronounced vpon the Tribunall of the Bishop Or whether it were canonically denounced in the open Church before hee was forbidden to enter into the Temple And againe by whose commaundement and by what example did Saint Ambrose alone without his fellow Elders or the counsell of other Bishops excommunicate the Emperour of so many kingdoms espceially seeing Ambrose was neither Pope nor Patriatch And let the Iesuit giue some good cause why Ambrose should â—am â—â—e vpon so humble and godly an emperour by his excommunicating him who erred onely in one fact and not once blame or touch Constantius a most proud godlesse and hereticall Arian Lastly whether it were the custome at Millan to excommunicate all murtherers or else Theodosius had wrong for Iassure you murtherers are not excommunicated in England and I thinke very few are so censured at Mentz where Becane liueth BECAN Exam. Pag. 191 YOu aunswere that heere is no Iarre because all your Writers vniformly agree in this That the King cannot excommunicate But heere is the greatest Iarre Because all English Writers who confesse it doe manifestly differ from themseluss as these three Arguments proue First Whosoeuer hath all mannet supreme most ample full Iurisdiction Ecclesiastical in any Kingdome he may exercise all acts vvhich pertaine to IurisdioÌ„tion Ecclesiasticall in that kingdome And so be may excommunicate to wit by a power vndependant of any man such as the Pope hath the rest hauing it from him who may giue it to them and take it away Enen as the King who hauing supreme most ample Iurisdiction ciuill in his kingdome may exercise allciuill acts of that Iurisdiction in his kingdome But the Writer's assert the Kings all manner supreme most ample and full iurisdiction Ecclesiasticall Therefore they assert the Kings power to excommunicate Dr. HARRIS Reply HEere is but an idlerepetition of the selfe same Argument which the English Concord had answered before by denying his maior Proposition Which deniall was grounded vpon the testimony of Saint Augustine whereunto this Iesuit answereth not one word The substance whereof vvas this That attacts of Ecclesiasticall gouernment and onely all those acts which the King alone may doe as King belong vnto him but Excommunication belongs to euery Archdeacon therefore that belongs not to the King The Iesuit beeing put vnto his shifts hath fansied this new starting hole viz. That power vndependant of any other to excommunicate is proper onely and to euery supreme Gouernour Ecclesiasticall Therfore if the King be supreme Gouernour Ecclesiasticall hee hath that vndependant power to excommunicate Whereunto Ireply first that no Scripture no nor ancient Father for the space of 600. years after Christ doth assert this vndependant power of excommunicating to belong to the supreme gouernment Ecclesiasticall Secondly that the ancient Fathers deny this vndependant excommunicating power to belong to Peter much lesse to the Pope but with one vniforme consent dogmatize according to the Scriptures that all the Apostles receiued from Christ immediatly not from Peter power to excommunicate equall vvith Peter Thirdly that the very principall Schoolemen as Peter Lombard the Maister of the Sentences Thomas Aquine the Doctor Angelicall Alexander Ales the Doctorirrefragable and Iohn Scot the subrle Doctor deny the same First they all foure define the keyes by the power to open and shut to binde and loose See Lombard Sent. l. 4. dist 18. et 19. Alexander SuÌ„ma Theolog. part 4. q. 20. memb 2. et 5. Aquin as in Sent. l. 4. dist 13 q. 1. art 1. Scot. in Sent. l. 4. dist 19. art 5. Secondly Alexander in Summa p. 4. q. 20. memb 5. et 6. Tho in 4. Sent. dist 24. q. 3. art 2. Scot. in Sent. l. 4. dist 19. art 1. affirme that the keyes promised to Peter in the 16. chap. of Mathew were giuen to the Apostles in the 20. chap. of Iohn Fourthly Bellarmine himselfe denieth this vndependant power of excommunicating to be proper to Peter and proueth by foure sound arguments the said power to be common to all the Apostles thus de Ro. Pontif. l. 4. cap. 23. That the Apostles receiued immediatly froÌ„ Christ their Iurisdiction First by these words of our Lord Iohn 20. As my Father sent mee so send I you Which place the Fathers Chrysostome Theophylact so expound that they say plainly The Apostles by those words were made the Vicars of Christ yea and receiued the very office and authority of Christ Cyrill vpon this place addeth that The Apostles by these words were properly created Apostles and Teachers of the whole vvorld And that wee should vnderstand stand that all power Ecclesiasticall is contayned in authoritie Apostolicall therefore Christ addeth As my Father sent mee seeing that the Father sent his Sonne endued with chiefest or highest power Cyprian in his booke of the vnity of the Church saith The Lord speaketh to Peter I vvill giue thee the keyes of the Kingdome of Heauen and after his resurrection said to him Feed my Sheepe And although after his resurrection he gaue to all the Apostles equall power and said As my Father sent mee so I send you yet to manifest vnitie hee constituted one chayre Where you see the same to be giuen to the Apostles by those words I send you which was promised to Peter by that I will giue thee the keyes and after exhibited by that Feed my sheepe Now it is manifest that by those words I will giue thee the keyes and by that Feed my sheepe is vnderstood the most full euen exteriour Iurisdiction Secondly the election of Matthias vnto the Apostleship sheweth the same For we read Acts. I. that Matthias was not chosen by the Apostles nor any authoritie giuen vnto him but that his election being craued and
* Deu. 13 10 Leurt 24.23 matter of religion and by Regall authoritie to punish the transgressors of them To call Councells of Synods by his authoritie f 1. Câ—ton 13.3 for reducing of the people to Gods worship h 2. Chr. 19.4 and purifying of the Templepolluted Touching persons To administer iustice vnto all of all sorts i 2. Chr. 29.5 who should be To speake as the Scripture doth The head of the Tribe of Leuie k 1. Sa. 15.17 no lesse then of the other Tribes The king no lesse of Clerkes then of Laikes To depriue the high Priest if he do deserue of his high Priesthood l 1. Reg. 2.27 In matters of Religion To breake down the high places To abolish strange worship m Exo. 32.10 to breake in peeces the brasen Serpent which Moses erected n 2. Reg. 18.4 In matters of Order To ordaine such things as pertaine to the comlinesse o 2. Chro. 24 12 Socrat. lib. 2 ca. 17 of GODs house and to suppressefriuolous and vnprofitable questions These by Dinine right are the rights of Regall Primacie To weet wherby the king may 1. Be called p Tort. Tort. p. 339 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Supreme head of the Church 2. Call Councells and presede in them 3. Make Lawes Ecclesiasticall 4. Constitute and depose the High Priests 5. Binde his subiects by oath to keep the lawes by him made To conclude hereby may the Aduersaries see that Regall Primacy is founded in the Scriptures and propagated from the first religious kings vnder the olde to the first religious Emperours and kings and so to our Soueraigne Lord King Iames vnder the new Testament and in that long distance of time nothing impaired or diminished What then neuer to decay I doubt it not What 's the reason Heare it out of Gods booke not out of triuials Iesuiticall q If it be of God Acts 5.39 you can not dissolue it Goe now Icsuite and play with your sooleries and very childish questions In the meane time let mee aske and answere in your owne words The Primacy Iesuiticall hath it lesse power in France for in Venice it hath none at all than it hath had there or else where So it appeareth Is it then in so short a time abated and diminished in France So men say Is it therefore neere his end I doe not doubt it What 's the reason Heare it from the Iesuites triuiall That which suddainly came for we know wel the swaddling clouts of Loyola the Iesuits Syre is soone gone BECAN Exam. Page 112 THE Primacie or Supremacie vnder King Henry King Edward and Qucene Elizabeth was Spirituall and Ecclesiasticall but vnder King Iames it is not so and what it will be is vncertaine Here is a Iarre Dr. HARRIS Reply IN my Concord booke I shewed in generall and in particular the Regall Primacy vnder K. Iames to be the selfe same which was vnder K. Henry K. Edward and Q. Elizabeth adding that it so would continue as certainely it will during this orthodoxall Religion among vs which I hope shall continue so long as the sunne and moone endure though the Iesuiticall and all other Papisticall bowels burst thereat I shewod it in general for that the Supremacie then was and now no lesse is The kings Supreme power in and ouer all causes and all persons within his kingdom Spirituall or Ecclesiasticall and therefore in the selfe same lawes of this kingdome then and now in force called The kings supreme Power Spirituall or Ecclesiasticall In particular I demonstrated the same by setting downe the most materiall points out of the expresse words of Scirpture wherein the kings saide Supreme power Spirituall or Ecclesiasticall consisteth in which saide both generall and particular points as there they are set downe all English Protestant Writers with full consent agree without any Iarre or difference whatsoeuer If this shallow Iesuite had had any sound matter in him in this his ExameÌ„ he would haue answered to the matter especially to those materiall points founded vpon the Scriptures and haue proued that either those particular points belong not to the office of Regall Supremacy or else that wee Protestant Writers iarre in some one or moe of those said materiall points gathered by the R. Bishop of Ely and there set downe as not warranted by holy writte to belong to kings but this Iesuite passeth them ouer with Noli metangere and onely sets before the Reader his twise sodden Ioathsome Colewoorts viz. That Mr. Burhill writeth thus We doe not giue vnto the king Primacy Spirituall or Ecclesîasticall but rather Primacy in and ouer causes and persons Spirituall or Ecclesiasticall whereas Mr. Burhil in his Appendix to the confutation of Eudaemon Page 283. cuts this Iarre all in sunder writing thus In the 21. chapter of my booke against Becane I purposely and plainly taught how the said Regall Primacy may be called both waies to weet Primacy Spirituall and Ecclesiasticall or Primacy in matters and ouer persons spirituall or Ecclesiasticall and that they who call it spiritual Primacy meane nothing else then wee vvho in regard of the cauillations and calumnies of the Aduersarie by Spirituall power vnder standing nothing else but power Sacerdotall or Episcopall call it Primacy in ouer causes and persons spirituall or Ecclesiasticall And that in the very thing there is no dissent at all among vs. What could be spoken more fully and plainly to put to silence the lying and iarring lips of this Iesuit BECAN Exam. Pag. 114. IT is your priuat fansy none but you will say that the King hath or that himselfe challengeth power to appoint or depose summos Pontifices the highest or chiefest Bishoppes vvho should rule ouer all the Christian vvorld and vvho dwell out of his kingdome as hee hath in his Preface monitorie protested Dr. HARRIS Reply BElike the Iesuit hath not read this Question in Saint Augustine and the answere vnto it Quid est Episcopus nisi primus Presbyter hocest Summus Sacerdos What is a Bishop but the chiefe Priest And accordingly Lactantius lib. 4. ca. 30. calleth euery Bishoprick Supremum Sacerdotium the highest Priesthood If the Iesuit could vnderstand Greeke I would produce Ignatius ad Trallianos putting the question and making answere vnto it as Augustine did thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 What other thing is a Bishoppe but one hauing principality and power ouer all men Belike the Iesuit will be bold with Ruffin and tax him for calling Athanasius who was no Pope Pontificem maximum the highest Bishop But then comes in Hierom speaking of euery Bishoppe and dogmatizing thus Ecclesiae salus in summi Sacerdotis dignitate pendet The safety of the Church dependeth vpon the dignity of the highest Priest With vs in England are not only Bishops but Archbishops also euen Primats that is Patriarks ouer whoÌ„ the King in his Supremacy is Supreme Gouernour whom as he may nominat and appoint so vpon
to haue Primacy Episcopall But the first is true according to Becane viz. That the deny as Becane meaneth and Becane meaneth that the King vsurpeth Primacy Episcopall Therefore the later is true also viz That Dr. Tooker and Mr. Burhill denying the King to be Primate or to haue the Primacy deny him to be Primate or to haue Primacy Episcopall as all Protestants doe So that here is among vs all a full and settled Concord and the Iesuites Iarre as empty chaffe is blowen cleane away ⧠Becans Iarre IIII. Question Whether the King by reason of his Primacy may be called Head of the Church THis Title first began to be vsurped of King Henry the 8. as all Authors aswell our owne as our aduersaries do testifie For thus writeth Iacobus Thuanus in his first booke of the Histories of his times Henricus post diuonium se Caput Ecclesiae constituit K. Henry after his diuorce from Q. Katherine made himselfe Head of the Church c. And Polydor Virgil lib. 27. of his History of England saith Interea habetur Concilium Londini in quo Ecclesia Anglicana formam potestatis nullis ante temporibusvisam induit Henricus enim Rex Caputipsius Ecclesiae constituitur In the meane while to wit after his foresaid diuorce a Councell was held at London wherein the Church of England tooke to it selfe a forme of power neuer heard of before For that King Henry was appointed Head of the same Church c. Genebrard also in the fourth books of his Chronologic hath these words Henrieusanno 1534. in publicis Comitijs se caput Ecclesiae Anglicanae appellauit King Henry in the yeare of our Lord 1534. in publike Parliament called himselfe Head of the Church of England c. Also Doctor Sanders in his booke of the Schisme of England saith Exquâ— licendiformula primam occasionem sumptamatunt vt Rex Supremum Caput Ecclesiae Anglicanae diceretur By which manner of speech it is said the first occasion was taken of calling the King supreme Head of the Church of England c. And againe in the same booke Proponebantur eis noua Comitiorum Decreta iubebantur iureiurando affirmare Regem Supremum Ecclesiae esse Caput The new Lawes or Statutes of the Parliament were propounded vnto them to wit to the Kings subiects and they were commanded to sweare that the King was head of the Church c. Iohn Caluin in like manner vpon the 7. Chapter of the Prophet Amos writeth thus Qui tantopere extulerunt Henricum Regem Angliae certè fuerunt homines inconsiderati Dederunt enim illi summam rerum omnium potestatem hoc me grauiter semper vulnerauit Erant enim blasphemi cùm vocarent eum summum Caput Ecclesiae sub Christo Those who so greatly did extoll K. Henry of England were men voide of consideration For they gane vnto him the chiefe power of all things and this point did euer gall me grieuously For that they were blasphemers vvhen they called him the chiefe Head of the Church vnder Christ c. 2. The same Title did K. Edward Sonne to King Henry and his Successour vsurpe as it may be seene by his Letters to Thomas Cranmer Archbishop of Canterbury which begin thus Edouardus Dei gratia Angliae Franciae Hyberniae Rex supremum in terris Ecclesiae Anglicanae Hybernicae taÌ„m causis spiritalibus quà m teÌ„poralibus Caput Reuerendo Thomae Cantuariensi Archiepiscopo saluteÌ„ Edward by the Grace of God K. of England France Ireland supreme Head on earth of the Church of England and Ireland as well in Causes Ecclesiasticall as temporall to the Reuerend Thomas Archbishop of Canterbury greeting c. The same Title also did Bishop Cranmer giue vnto the said King as appeareth by his letters written to other Bishops subiect vnto him thus Thomas permissione diuina Cantuariensis Archiepiscopus per Illustrisimum in Christo Principem Edouardum Regem sextum supremum in terris Caput Ecclesiae Anglicanae Hybernicae sufficienter legitimè authorizatus Tibi Edmundo Londinensi Episcopo omnibus fratribus Coepiscopis vice nomine Regiae Maiestatis quibus in hac parte sungimur mandamus vt Imagines ex Ecclesijs cuiusque dioecesis tollantur c. We Thomas by Gods permission Archbishop of Canterbury being sufficiently and lawfully authorized by our most gratâ—ous Prince in Christ King Edward the 〈◊〉 supreme Head on earth of the Church of England and Ireland do in his Maiesties Name and place which berein we supply command von Edmund Bishop of London and all the rest of our Brethren Bishops that Imaves be taken out of the Churches of euery Diccesset c. And Doctor Sanders also in his booke of the Schisme of England saith thus Quamprimum visum est Henrici octaui mortem diuulgare statim Edonardus Henrich filius nonum aetatis annum agens Rex Angliae proclamatur sumurn Ecclesiae Anglicanae in terris Caput proximè secundum Christum constitutel it c. As score as it was thought good to diuulge King Henries death by and by Edward his sonne being of the age of nine yeares was proclaymed King of England and ordained supreme Head of the Church of England on earth next vnder Christ c. 3. Queene Elizabeth although she were a woman yet she thought her selfe no way inferiour to her Father or Brother Shee therefore would be also called supreme Head of the Church of England For so writeth Iacobus Thuanus in his 15. booke of the Histories of his time Elizabetha recep to à Patre fratre titulo Ecclesiae Caputper Angliam coepitappellati Queene Elizabeth hauing receiued the former Title from her Father Brether began to be called Head of the Church throughout England c. 4. But now aduyes vnder K. Iames this title is put in Repardie The Chaplaine to wit M. Doctor Andrewes doth admit the same in his Tortura Torti but M. Tooker and M. Burhill do reiect it M. Tookers words which a little before I recited are these Olere autem malitiam clamitare audaciam tuam videturillud cum Regem Caput Ecclesiae Primatemque confingas It may seems to sauour of malice and try out upon your sausines when as you feigne the King to be Head and Primate of the Church c. And in like manner doth M. Burhill pag. 133. reprehend a certaine person of ouer much want onnes and boldnes for calling the King Head Pastour and Primate of Bishops 5. In his debate and Iarre then what shall the King do If he admit the Title of Supreme Head of the Church of England M. Tooker and M. Burhill will no doubt murmure streadly If he rerect it what then will the Chaplaine say Perhaps this contention may be mollified if the King as he gaue to the Chaplaine the Bishopricke of Ely so he would giue to M. Tooker and M. Burhill two other Bishopricks For then least they might seeme ungratefull they would easily grant this Title to the
should eate the labours of their hands and drink the water of their own wells with more security Were your Priests Iesuits or confounded none vvould hurt or destroy in all the mountaine of Gods holinesse None would hatch the Cockatrise egges or weaue the Spyders web of Gun-powder treasons and milhons of other trayterous complots and bloudy conspiracies You you are they who in very deed trouble Israell and bring the whole Christian world into combustion It is a statute enacted in the heaueÌ„s that euery soule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13. ver 1. as saith ChrysosÌ„tome writing vpon those words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be hee an Apostle or Euangelist or Prophet or any other Peter Pope or whosoeuer should bee subiect to the higher Powers for conscience sake But by the Popes statute or Canon the vilest shaueling Priests aforesaid are so exempted froÌ„ subiection to the highest Powers Kings and Emperours that they are not bound to obey them or their lawes for Conscience but onelie for Order sake Therefore they are not bound to giue neither will they giue to Caesar that which is Caesars viz. Tribute for Tribute belongs to him nor Custom yet Custom is due to him They will not as Saint Paul did stand at Caesars iudgement seat to be tryed there much lesse will they as Christ did present themselues to that tribunall vvhich hath power giuen to it from aboue to bee condemned there Some kind of reason they may haue for it as this They hold with Antichrist why then should they follow Christ Touching the popish Layicks If as the Iesuit heere saith all the Kings subiects vvithin his Realmes are bound to obey the King why doe they disobey him euen in the face beeing open and professed wilfull Recusants to come to Church there to heare Gods word truely preached and his Sacraments duely administred to pray to God to praise God in the congregations of his Saints Why doe they against the law of God of Nature of Nations and of their King refuse to testifie by oath their Allegiance to their Soueraigne Why vnlesse it be for that they want motion as hauing no vertue of motion thereunto deriued vnto them from their Pope-Head or else because they take them selues to be the subiects of the Pope and not of the King And this is indeede Preiudiciall to the King in the highest degree BECAN Exam. Pag. 132 YOu cite out of the Canon law some maimed words which you read not there nor vnder stand That you may vnderstand them I will cite them whole as they are The Sacrament of this office c. They are Pope Nicolas words and containe these three things 1. That Christ placed the Sacrament of Preaching the gospell principally in Peter when he saw the vessell let downe from heauen and when it was said vnto him Rise Peter kill and cate 2. That God would haue the vertue and effect of the gospell to be powred vpon the Gentiles from Peter as from a Head 3. That God tooke Peter into the Jellowship of indiuiduall vnitie by communicating his name and dignitie to him for he would haue Peter called the rocke and foundation of that Church whereof he is the rocke and foundation What gather you hence against the Pope nothing as all Onely you bewray your dulnesse and ignorance berein Dr. HARR IS Reply I Gather hence that the Pope is very Antichrist shewing himselfe as God The Scripture saith that by preaching the gospell 1. Cor. 3.7 Paul may plant and Apollo may water but this God onely giues the increase that is the vertue and effect of preaching But here Peter to weet the Pope is said to giue the vertue and effect of preaching The Scripture 1. Cor. 3.11 yea the Canon law saith that there is no foundation or rocke of the Church but onely Christ Iesus But here the Pope challengeth not onely the name but the very Dignity of Christ viz. to be as Christ is The foundation and rock of the Church God saith Esay 48.11 Hee will not giue his Glory or Dignity to any other but here it is said that Peter to weet the Pope is assumpted into the Dignity of the indiuidual vnity The indiuiduall vnity is our Lord God but here the Pope is assumpted into the fellowship of the name and hence it is that the Papists or Papi-coliks call that Romish Anrichrist their Lord God the Pope Thus haue I gathered out of the blasphemous assertioÌ„s of this Iesuit here and out of their Canon law enough for this one time and to much for Becane to answere all his life time against their Pope-Head But how doth the Iesuit gather that the Sacrament of preaching was principally constituted in Peter when after the vessell let downe it was said vnto him Rise Peter kill and eate seeing that Christ before his passion did constitute the Sacrament of preaching equally and with the selfe same words in all his Apostles saying Gopreach the gospell to all the world By vertue whereof the rest as well as Peter did preach the Gospell but this vision and this speech to Peter was after Christs ascension not to constitute the Sacrament of preaching the Gospell principally in him but to reforme the errour that was principally in him viz. that he ought not to preach the gospel to the Gentiles Therefore by that speech and vision he was emboldned to preach the Gospell to Cornelius a Gentile but not to kill Cornelius as Cardinall Baronius expounded those words against the Venetians If the Iesuite had cited the whole words of the Canon as he promised to doe he might haue learned by those words of the Canon Dexteras Societatis the right hands of Fellowship that the Sacrament of preaching the Gospell was as principally constituted in Paul towards the Gentiles as it was in Peter towards the Iewes As touching me I had read that Canon often but I purposely cited out of it those words onely which shew what a blasphemous Head the Church of Rome hath who challengeth to be assumpted into the fellowship of the indiuiduall vnitie in such sort that all gifts and graces of God are powred vpon the Church from him and through him as the Head of that his body the Church And those words which I cited were not maimed but full enough to euince the Pope to be such a blasphemous Head indcede Notwithstanding I must giue the Iesuite leaue to hold on his course viz. to wound his Pope when he seeks to heale him to disgrace mee without cause and to bely mee without blushing BECAN Exam. Page 133 YOu cite out of Durand truely that all Bishops descend from the Pope as members from the head Which is nothing else but this that they all receiue from the Pope Iurisduction of the externall Court Which as English Academicks say is in liâ—e sort giuen by the king to the Bishops in England Therefore here is the Iarre between you and the Academicks Dr. HARRIS Reply
nothing hindred but that they might excommunicate because according to Tho. Aquinas Excommunication is not an act of Order or inward Court but of the outward And I in my English Concord set downe the particulars of that ordinary spitituall Iurisdiction of Abbesses viz. To excommunicate absolue visit institute conferre benefices present to Benefices Prelatures and Dignities Ecclesiasticall and to haue all Administration of the Monesteriall Monialls or Nunnes as well Spirituall as Temporall but onely those things of order vvhereof a vvoman is incapeable ex Tractatu doctissimo out of the most learned Treatise of Father Stephen Dr. Aluin entituled thus A Treatise of the Power of the Abbats and Abbesses printed at Parise 1607. authorized solemnly to be printed and in very singular manner allowed with high commendation by the Diuines of Parise deputed for examination of all bookes to be printed there In my margine notes I directed the Iesuite to the particular chapters of that Treatise where the said Stephen doth not onely assert those particulars but also solidly and indiciously proue the same by the Canon law and best Canonists writing comment vpon that law Notwithstanding this Iesuite as though his nose bled turneth aside from all these so many words so many pressures of him and saith but this It is false Abbesses with vs haue no power to excommunicate Did euer any Iesuite so vnlearned as this Becane is and here shewes himselfe to be vvrite with penne Stephen D'Aluin doth not only say it but from sound premisses conclude it The Iesuit leauing the premisses vnanswered or vntouched denieth the conclusion and sinking vnder the burden of the respondent will rather play the opponents part and so obiecteth these two emptie Canons nothing to the purpose 23. q 5. cap Multerem The former is of priuate women that they should be subiect to their husbands and not vsurpe authoritie ouer other men as to teach them publikely to iudge them to rule or raigne ouer them to weet as the Glosse expounds it in temporalls If this Canon should be vnderstood generally of all women for Abbesses are not there once mentioned then Mathilda Countess of whom the Gloss in L. vlt. cod de Arbit maketh such honorable mention could not command or iudge them who were her subiects as Countess nor Q. Mary so much commended by al Papists might raigne as Queen ouer her English subiects By what right or law then did shee shed innocent bloud of so many Martyrs Archbishops Bishops Priests Laiks of all sorts Sexes and Ages exceeding much till she replenished England from corner to corner as Manasses did Ierusalem Angel in rep quā cod de fidei com et in L. Foeminae F. de reg iur is et in L. cum praetor F. de iudic saith that He saw a certaine Queen named Ioan sitting in the Regall seate and giuing sentence of death against them of Balso The latter Canon saith that Monialls or Nunnes De senten Excoman ca. De Monialibus laying violent hands vpon Clerks should or might be absolued by the Bishop which is true when either the Abbess is not exempted from Iurisdiction Episcopal as many of them are not or when the Pope doth not giue or deriue from himselfe as Head ordinary Spirituall Iurisdiction to the said Abbesses as to many of them hee doth for then it is a ruled case especially amongst the Canonists though peraduenture this seely Iesuit be ignorant therof that they may by vertue of that ordinary Spirituall Iurisdiction excōmunicate absolue institute visite c. those Ecclesiasticall things onely excepted which pertaine to the key of order Indeed the Schoolmen as Thomas Aquinas in 4. dist 19. q. 1. art 1. et 2. q. 3. ad 4. also dist 25. q. 2. art 2. q. 1. ad 2. And Paladanus Durand in 4. dist 19. q. 1. art 1. Syluester verb. Abbatissa and Dominicus Soto in 4. Dist 20. q. 1. art 4. deny to Abbesses Ecclesiasticall Iurisdiction or dinary yet they acknowledge the same as delegated vnto them from the Pope But the Canonists proceede further for they hold that the very dignitie of the Prelature and excellencie of the offices of Abbesses dooth giue vnto those Ecclesiasticall women to weet Abbesses Spirituall Iurisdiction not only delegated but euen ordinarie ouer their Monialls or Nunnes and this they gather out of the Canon law De Maior et Obed. cap. Dilecta where Pope Honorius 3. commands obedience to the Abbesse of Brubigen who had suspended Clericos suae Iurisdictioni subiectos ab officio et beneficio The Clarkes vnder her from their office and benefice This is a more plentifull and sound answere vnto these two Canons so fondly objected then the Iesuite deserueth and so we may leaue him here But because this point now in hand doth so neerely touch the Kings Supremacy or his Supreme Iurisdiction Spirituall and Ecclesiasticall to stifle this Iesuite herein once for all and euer hereafter I will proceede to the further declaration and demonstration hereof wherein I will obserue this course following viz. to proue out of the Canon law or Canonists ancient and moderne or both First in generall that all Laicks Males or Females are capeable of Iurisdiction Spirituall and Ecclesiasticall in the outward Court euen to Excommunicate Dist. 32. ca. Praeter hoc verb. Ducibus in Glossa Laicus de mandato superior is potest suspendere clericos et excomunicare quia Excommunicatio est potius Iurisdictionis quam or dinis Ext. de Elect. Transmissam Dist. 63. c. Adrianus etc. In Synodo D. 96. c. Bene quidem et c. Nos ad sidem et causis matrimonialibus 35. q. 5. Ad sedem 2. q. 5. c. Mennam Io. Hoc tamen videtur alienum a laico cum de rebus spiritualibus se non intromittat vt Extra de Indi Decernimus imo vt ibt dicitur prohibetur praelatis vt talia Laicis non committant tamen Dominus Papa qui habet plenitudinem Potestatis posset committere vt Excommunicarent Bar. A laick to weet male or female for some of the Canons here cited by the Glosse concerne the males but others especially the last concerne the females directly as that 2. q. 5. Mennam may suspend and excommunicate clarkes by command or commission from the superior especiallie of the Pope viz. by Spirituall power delegated because excommunication is not of Order but of Iurisdiction in the outward Court Dist. 96. c. bene quidem in the Glosse § Praeter Romanum Papa quamlibet causam Ecclesiasticam committere potest laico The Pope may delegate to a Laick spirituall Iurisdiction of Externall Court whereby to heare and determine any cause Ecclesiasticall More distinctly thus 1. Of Laik males Dist. 96. Bene quidem in gloss verb. Laico Non licuit Laico homini sacer doti anathema dicere vel excommunicare iure suo sed ex delegatione Papae bene A Laik man could not lawfully by his owne right or power excommunicate
Imperatoribus Regibus simul consentientibus hodie indici debet Prouinciale à Metropolitano cum suis Suffraganein Dioecesanum ab Episcopo cum Curatis Rectoribus Clericia Dioeceseos c. By whō is it more fit that Councells should be assembled then by those in whose power hath alwaies authority beene to call them together For wheras commonly there be three sorts of Councells Generall Prouinciall and of a particular Diocesse the Generall Councell you vvill haue to be celebrated onely by commandement of the Pope but yet not so neither now adayes vnlesse Emperours and Kings doe agree therevnto also A Prouinciall Councell is to bee assembled by the Metropolitan and his Suffragans that of the Diocesse by the Bishoppe thereof together vvith the Curats Rectors and Clerks of the same Bishopricke c. Out of vvhich testimonie vves may gather that the King of England cannot assemble a Councell of kis ovvne authoritie Not a Generall because that belongeth to the common consent of Kings and Emperours Not a Prouinciall because that pertaineth to the Metropolitan Not of the Diccesse because that belongeth to the Bishopot thereof What then I pray you is left vnto the King 4. Another testimonie heereof is out of the same Ma. Tooker pag. 41. in these vvords Abundè liquetex Concilijs ipsis historia Ecclesiastica Prouincialia Concilia Nationalia ab Imperatoribus ac Regibus fuisse congregata It is aboundantly manifest out of the Councells themselues and the Ecclesiasticall Histories that Prouinciall and Nationall Councells haue beene assembled by Emperours and Kings c. This now is plainely repugnant to his former testimony For there hee affirmeth that Prouinciall Councells are tobe assembled by the Metropolitans thereof heere bee saith that they must be assembled by Kings and Emperours There is distinguished onelie a threefold Councell to weet Generall Prouinciall and that of the Diocesse heere now is added a fourth to weet Nationall 5. His third testimony is set downs pag. 42. vvhere he proposeth this question Quoigitur iure tantam sibi porestatem arrogat Pontifex solus Num diuino By what nighe then I pray you doth the Popechallenge vnto himselfe alone so great power Doth hee doe it by diuine right c. And a little after hee addeth Erat Apostolorum omnium non vnius tantummodo indicere Concilium statuere cum verborum solennitate Visumest Spiritui sancto Nobis c. It belonged to all the Apostles not to one alone to assemble a Councell and vvith solemnitie of vvords to ordaine It seemes good vnto the Holy Ghost and vs c. As if hee vvould say That as by diuine right not S. Peter alone but all the Apostles together with equall power did assemble the first Councell at Ierusalem and therein decreed that law about eating of bloud and strangled meates so in like manner by diuine right not the Pope alone but all Bishops with equall power must assemble Councells and decree Ecclesiasticall lawes Surely if it be so then without doubt it follovves that the power to call or assemble Councells doth not belong by the law of God to secular Kings and Princes but to the Apostles and their successors c. 6. His fourth testimony is pag. 63. vvhere hee saith Mixtum autem ius resultans ex vtroque iure Regio Episcopali est Legum sanctio Synodorum indictio praesidendi in ijs praerogatiua controuersiatum decisio aliorumque actuum qui his finitimi sunt exercitium quae ferè ab origine Primatus Regij descendunt communicantur Sacerdotibus c. The decreeing or enacting of lawes the assembling of Synodes and Prerogatiue of sitting therein as chiefe or head as also the exercise of all other offices in this kind is a certaine mixt Right proceeding from both Kingly and Episcopall power vvhich things doe in a manner come downe or descend from the origen of the Kings Primacy and are communicated or imparted vnto Priests c. This now againe as you see is contrary to that vvhich hee said next before For there bee vvill needes haue the assembly of Synodes or Coūcells to belong by diuine right to the Apostles beer for sooth hee vvill haue the same chiefely to belong to Kings and from them to be deriued vnto Bishops These things doe not agree one with another English Concord HItherto the contention hath been Grammaticall about words and names 1. Whether that supreme gouernment of the King in the Church of England which all our Writers doe professe ought to bee called Primatus or Suprematus Primacy or Supremacy 2. Whether he that holdeth that supreme gouernment in the Church of that his Primacy may be called Primate of the Church or Head of the Church or the onely Supreme Gouernour of the Church 3. Whether that Supreme gouernment or Iurisdiction which is in all Ecclesiasticall matters and aboue all Ecclesiasticall persons ought to be called the Supreme gouernment of the Church or the Supreme Iurisdiction Ecclesiasticall These foolish and vnlearned questions 2. Tim. 2.23 Saint Paul forbiddeth vnworthy of Diuines but as it should seeme not of a Iesuit Let Becane tell me ingenuously whether these six offices only appertaine to the Papall Primacy Or whether there be not sixtie times six which may be called into question Let him tell me whether these offices doe properly pertaine to the Primacy of Peter and so to the Bishop of Rome Let him shew mee where it is written or that Peter had any Primacy at all or that this his Primacy is contained or defined within the bounds and limits of these duties or that euer Peter did exercise such offices as Primats of the Church That is to say let him manifest out of the Scriptures what Councell Peter summoned as Primate of the Church what Ecclesiasticall lawes he made what benefices hee collated what Bishops he created or deposed of what controuersies hee was supreme iudge These things if the Iesuite cannot shew he is a pratler and no disputer for all yea the meanest of Bishops in the kingdome doe excommunicate are therefore all those Bishops Primates and Supreme gouernours in the vniuersall Church throughout the whole kingdome our question is of one only Supreme gouernour of the whole Church in the kingdom Make exception but of Excommunication alone and Hainricus by many expresse authentike writings hath demonstrated that Christian Princes haue with singuler commendation 1. Called Councells 2. Made Ecclesiasticall lawes 3. Conferred benefices although this seemeth too grosse and greasie whereof to make a part of Primacy 4. Created and deposed Bishops 5. Taken vp and ended controuersies But so granted that no mortall man can be iudge of all controuersies especially of faith That Christian Princes of their owne authoritie and with commendation haue summoned Councells both Hainric and Dr. Tooker do expresly write in plain words Neither is Dr. Tooker in this point either against him self or against Hainric When that first councell was assembled
Pag. 48. DIstinguish but the times as St. Augustine teacheth you namely the times of the Churches peace wherein raigned Christian Princes and the times of persecution wherin Pagan Kings had the Soueraignty and you shall rightly vnderstand the Scriptures Of the peaceable times of the Church so writeth Dr. Tooker pag. 42. It belonged to King Dauid Salomon Iehoshophat and Iosias to giue lawes to the Leuites and to the whole congregation of Israel And in the same place he writeth again of the times of persecution Erat Apostolorum omnium c. It vvas not one but all the Apostles which both called the Councell and decreed vvith like solemnity of these words Visumest Spiritui sancto et nobis It seemed good to the holy Ghost and to vs. Ma. Thomson speaking of this matter doth not denie that the lame Apostolicall law had any force without the fauour of Caesar as though there had neuer beene law in the Church vvithout the aforsaid approbation of the Emperour but onely that without it they had no force vnder paine of corporall punishment as is most plaine by the tenor of his vvords So that heere is no Iarre or dissension among the English Writers as hee affirmeth but onely a dreaming dorage of the Iesuit who childishly sporteth himselfe with a fallacy of Equinocation especially when hee endeuoureth to match in equall ranke the lawes and Canons of Bishops with the lacred decrees and Constitutions of the Apostles Well wrote Saint Augustine Dâ—Nâ—ur et Grana c. 61. I am bound to consent to the holy Scriptures of the which sort are the decrees of the Apostles without all refusall And in another place Iread other Writers Epist 19. ad Hiero. Dist 9. Egoâ—oht how much soeuer they excell in holinesse or learning so as I doe not therefore thinke it truth because they thought so but because they perswade mee by other canonicall Authors or by probable reasons not differing from truth And against Faustus Lib. 11. ca. 5. We must read this kind of learning such as are the writings of the holy Fathers and Doctors non cum credendi necessitate sed cum libertate iudicandi not as bound to belieue them but as free to iudge them And vnto this purpose he writeth in another place Neither vvill I obiect the Councell of Nice vnto thee Cont Maxinn l. 5. c. 14. neither must thou obiect the Councell of Ariminum vnto mee let matter vvith matter and reason dispute vvith reason out of the authorities of holy Scriptures The Iesuit I hope will not deny that all the Apostolicall Sanctions vvere giuen by Diuine Inspitation and dareth hee affirme so much of all Ecclesiasticall Canons of Bishoppes yea though the Popes Holinesse haue breathed vpon them yea of the Councell of Trent Against which the Embassadours of the French King Anno 1562 who was there present protested in this manner Minus legitima minusque libera c. All those Councells vvere euer accounted lesse free and therefore not so lavvfull vvhen they vvho vvere assembled not ledde by the holy Ghost spake after the pleasure of some other to vveet the Pope And the Vniuersitie of Paris Anno 1517. in their appeale against Pope Leo the tenth and his Councell assembled at Rome wrote in this sort Leo Papa dicimus in quodam coetu c. Leo the tenth in a certaine Assembly in the Citie of Rome vvee knovve not hovv gathered together yet vve are sure not in the holy Ghost And is Becane the Iesuit ignorant in what pleasant manner Cardinall Cusan brake this iest vpon Eugenius the Pope saying De còcord lib. 2. ca. 20. Hovv can Pope Eugenius affirme this thing to be true because hee vvill haue it so and for no other cause Ac si inspiratio ipsius Sancti spiritus c. As if the mind of the holy Ghost vvere in the power of the Bishop of Rome and must then inspire vvhen the Pope vvill have him inspire To conclude this Question I desire the Iesuit Becane in the behalfe of Ma. Thomson to yeeld a sound reason wherefore the Bishops in the first Councell of Constantinople did in this humble manner entreat Theodosius the Emperour Rogamus clementiam c. Wee beseech your clemency that by the letters Patents of your Piety you vvould confirme and cause to be ratified the decree of this Councell BECAN Exam. Page 162 THe Apostles by diuine right might make lawes Which right cannot be proued to haue bin transtated froÌ„ them to Kings or Emperours but to Bishops successours of the Apostles with whom as with the Apostles the Spirit of truth remaineth for euer Therefore the Bishoppes and their Lawes or Canons euen in England are no lesse diuinely inspired then the Apostles or their Lawes or Canons Apostolicall Which if you deny the Arch-bishop of Cauterbury or certainely the Bishop of Ely will cause you to be punished therefore You are abasht to speake any thing of King Henry 8. his law touching the lawfull marriages in degrees not prohthited which carnall knowledge followed Dr. HARRIS Reply VVHat modest Hearer will not be abashed and what Christian heart will not tremble to heare these blasphemies vttered by the Iesuite The Apostles were Gods chosen pen-men to write the Scripture as they were immediately mooued by the Spirit of God 2. Pet. 2.19 21 without possibility of error They were Gods immediate instruments either joyntly in Councell or singularly alone to set downe Lawes and Canons Essentiall parts of that Scripture wherof we read thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2. Tim. 3.16 1. cor 15.15 The whole Scripture is gluen by inspiration of God The Apostles were such chosen witnesses to testifie Gods truth Gal. 3.8 that if an Angel from heauen should testifie otherwise than they did he must be accursed Are all Bishoppes or any one two three c. Gods immediate pen-man to write portions of holie Canonical Scripture Are all the Lawes and Canons made by Bishops in all Councells essentiall parts of Canonicall Scripture giuen by inspiration of God Are all Bishops God immediate chosen witnesses to testifie the truth so without all possibility of falshood that the Churches faith should depend thereon so sure that if an Angell of heauen testifie other wise then they haue preached or written he should be accursed Then must writings testimonies and lawes hereticall go for Scripture Canonical and so Diuine Scripture must be hereticall Is not this blasphemy And this necessarily followeth from the Iesuite his premisses here to weet That all Bishops and the lawes and Canons in Councells and other writings made by Bishops are and were inspired by the spirit of truth without errour as the Apostles and their Canons and writings were Ten seucrall prouinciall Synods gaue consent with the Arian Heretikes And whereas in the first and most famous generall Councell of Nice which maintained or thodoxally Christ his God-head there were but three hundred and eighteene Bishops In the hereticall
vvhether Bishopâ—ickes or Archbishoprickes throughout the whole circuits of their Kingdomes For this truely belongeth vnto those whose office it is to dispose there of to wit to the Compreninciall Bishops who haue power to consecrate the saide persons on vvhome they bestowe them Indeede the Kings Maiesty notwithstanding hath this right with vs in England which an inferiour and subordinate power also hath to wit right so nominate and present vnto benefices c. 3. Behotde here a triple Iarre or discord betweene these two Authors and this in a daily and vulges watter The first is that M. Henry Salclebridge saith that the collasion of benefices belongeth to the Kings of England in that they he the Primates of the Church of England M. Tooker saith to the contrary that it belongeth not to Kings at all but to Bishops The second Iarre is that M. Salclebridge saith that Kings by their owne authority haue conferred benefices M. Tooker saith that they neuer do nor haue done The third is that M. Salclebridge saith that Kings by vertuâ— of their supreme Ecclesiasticall Iâ—risdiction may present 〈◊〉 benefices M. Tooker â—â—â—rrâ—th that in this point Kings hauene more right then their subiects and other inferiour persons for so he saith Hoc habet iuris Regia Maiestas quod minor subordinata potestas habet The Kings Maiesty hath in this point of conferring beneficer the same right that an inferiour and subordinate power bath c. Whether of these two then should King Iames belieue if he had a fat benefice or an Archbishopricke now to bestow English Concord HEere is also a Iesuiticall trifling altercation about words Hainric by collation of Benefices vnderstandeth Presentation Nominations to Benefices the very Donation of Benefices Doctor Tooker thereby concclueth the Institution of Presbyters and the consecration of Bishops Dr Tooker acknowledgeth the Kings Presentation Nomination Donation Hainric by no meanes attributeth to the king either Institution or Consecration as both of them being proper go the Bishops The Kings presenthig of his Clearks to the Bishoppe for institution of them into such Benefices with Cure as respect the Kings hereditary right of Patronage is nor much different from the presentations made by his subiects who haue the like right of Patronage vnlesse it be herein viz that the King by his writ may and doth compell the Bishoppe especially after recoucry by Quare Impedie opposing himselfe therein to institute fitte Clarks presented by his Maiesty or by other Patrons to the said Bishoppe But the presentation of certaine Benefices with Cure after they haue continued void of any Incumbent for the space of 18 Monethes appertaines vnto the King by way of lapse as vnto the Supreme Ordinarie in his Dominions or the only Supreme Gouernour of the Church therein and that by the common lawes of England as is expresly shewed in Becano-Baculus Page 142. 150. Moreouer there are certaine Benefices with Cure called Donatiues which admit no Institution at all of these the King by his owne Donation onely without any either Episcopall Institution or Archidiaconall Induction makes the Clearks rightfull possessours Doctor Tooker knoweth well these triuial and vulgar matters as Becane here calleth them and beares in minde our most learned Soueraigne his words in his Monitory Preface touching the Collation of Benefices Page 33. How often haue the Kings of France withstood the Pope in such sort that they would not yeeld vnto him the very Collation of Benefices And those other words concerning Bishoprickes receiued from Kings and Emperours Page 29. Euen the Pope also with all obedience and submission did acknowledge himself to hold his Popedom of the Emperour And Page 31. He that peaceably is desirous to know in what sort the Bishops of Spaine Scotland England Hungary by ancient Institution euen vntill moderne innouation came in and were inuested by Kings with quiet possession of their temporals purely and intirely he shall finde the same by searching the liues of the Fathers and by reading Histories Walthram Naumburg lib. de Inuestit Episc Behold then how a threefold Concord ariseth out of that threefold Iarre which the Iesuit faineth The first Concord Hainric saith that the conferring of certain Benefices belongs to the Kings of England by way of lapse as they are the chief Gouernours of the Church of England Doctor Tooker affirmeth that the Collation of Benefices lying void of any Incumbents aboue 18. Monethes appertaineth to the King onely by way of lapse and not to the Bishops or Archbishops or to any other subiect The second Hainric saith that Kings by their own authority haue oftentimes giuen Benefices to weet Donatiues Tooker auerreth that the King may giue 40. 50. or moe within the compasse of one yeare if so many fall void The third Hainric saith that by the lawes of England Kings because of their Supreme Ecclesiasticall Iurisdiction present to free Chappels and that none of their subiects to weet Bishoppes or Archbishops haue authority to visit the said Chappels Dr. Tooker instructed by the same lawes auoucheth that Kings onely haue that authority and no subiects but by the Kings grant Finally if the hungry Iesuite who mindeth onely his meat that is far Benefices or Archbishoprickes can produce but one little either word of Scripture or sentence in Ancient Father whereby it may appeare that the Collation of Benefices belonged to the Primate of the Christian Church as Primate let him haue the victory But if he cannot vnlesse hee be more then impudent let him seale vp his lips and recognize those words of the Parisian Aduocate Arg. 11. Page 25. That of Luk. 9. The Sonne of man hath not vvhere to rest his head is Equiualent with this The Church by Diuine right hath no Territory BECAN Exam. Page 173 SMall Benefices without Cure may be conferred vpon Clearks which are neither Priests nor Bishops Therefore Tooker by Collation doth not meane Institution or Sacration Againe hee saith that the King of England hath no other right then to name or present but to giue or conferre is more then to name and present you faine Tooker by Collation to vnder stand Instuntion or Consecration Therefore you dissent from Tooker Hainric saith the Collation of Benefices belongeth to the King of England as Primate of the Church of England but this you deny for you bid mee shew out of Scripture or Ancient Father that the Collation of Benefices belongeth to the Primate of the Church Not I but Hainric who affirmed it must shew that It is my part only to shew that English Writers dissent in this point This I haue done let me therefore haue the victory Dr. HARRIS Reply HEere the Iesuit is as a chased timorous Hart which hauing his deadly wound giuen him flyeth out a while straggling from his fellowes but feeling decay of his vitall spirits and lifes bloud runs into the brakes to hide his head and there to perish Becane in his verball but in no sort reall confutation of his
his Clearks by lapse of time to weet after 18. Monethes Vacancy 3. The King onely or they only vnto whom that is granted by the King presents his Clearkes to his free Chappell 's exempted by him from Episcopall Visitation by his Regall Donation onely without any Institution or Induction of Bishop or Arch-deacon giuing his Clearks reall and lawfull possession of such Donatiues All these three particulars are vulgarly knowen and ingenuously confessed by Dr. Tooker which if hee would vouchsafe this Iesuit an answere would expreslie appeare in his after-writings as the like hath beene done in Mr. Burhill his after-writings But all these three instances of Regall Supremacy aboue all his Subiects Cleargie or Lay this vnlearned Iesuite silently passeth ouer Only as the dogge turneth to his vomit so hee in his Examen returneth to his loathsome froath and scumme of idle repetition of the selfe same things matter sentences words and syllables which in his Iarre he had ser forth in print and which said froath by the very blast of my English Concord was vtterly dissolued and scattered long before this his Examen peeped out ⧠Becans Iarre IX Question Whether the King can create and depose Bishoppes or no 1. MAister Salclebridge saith that bee can For thus he writeth pag. 121. Christiani Principes in suis Regnis cum laude propria authoritate Episcopos crearunt deposuerunt Christian Princes have in their Kingdomes by their owne proper authority created and deposed Bishops and that with praise c. And then againe pag. 144. Rex Angliae Archidiacono Richmundiae Episcopalem concessit Iurisdictionem The King of England granted Episcopall Iurisdiction to the Archdeacon of Richmond c. And yet further pag. 155. Reges Angliae suprema sua authoritate deiure atquecum laude omnium Ordinum Episcopos elegerunt ac proinde deponere potuerunt The Kings of England of their owne supreme authority by right and with praise of all manner Estates have elected Bishops and therefore they might depose them also c. And then lastly Constat Christianos Principes cum laude Episcopos elegisse deposuisse etiam Romanos It is manifest that Christian Princes haue elected and deposed Bishops yea Popes also and that with their praise c. 2. Now M. Tooker hee denies in the place bifore cited that the King can create or depose Bishoppes For there hee assiâ—ning 〈◊〉 things necessary for the ordaining or creating of a Bishop to wit Consecration of the person and a Bishopricke addeth that the King can performe neither of these two For neithere 〈◊〉 be confer any benefice and much lesse a Bishopricke or Archbishopricke neither hath hee any power to consecrate persons In so much that in another place he confesseth that it is so farre off from King Iames to haue power to create or depose Bishops that he would rather acknowledge himselfe for one of their schollers and Disciples For thus he writeth pag. 311. Serenissimus ac pientissimus Rex noster Iacobus non habet quicquam antiquius honorificentius quà m vt cum Valentiniano filium se Ecclesiae profiteatur cum Theodorico Italiae Rege se alumnum Ecclesiae ciscipulum Archiepiscoporum fuorum Episcoporum libenter recognoscat Our most Gratious and most pious King Iames doth esteeme or accompt nothing more noble and more honorable then with Valentinian the Emperour to professe himselfe a son of the Church and with Theoâ—â—oricus King of Italy most willingly to acknowledge himselfe a foster-childe of the Church and a disciple of his Archbishops and Bishops c. 3. This Iarre now as you see is of great moment For if the King cannot create or ordaine Bishops as M. Tooker saith hee cannot then it followeth euidently that Thomas Cranmer who was made Archbishop of Canterbury by the King Henry the 8. was no true but a false Bishop no pastour but a robber one that entred not into the sheep fold by the doore but climbed up some other way Whereof againe ensue three other markeable points First that all other Bishops who were afterward either created by Cranmer or by the King were lake vnto Cranmer himselfe Secondly whatsoeuer was done of them by Episcopall authority or Iuresdiction was of no validity or force Thirdly that they so ordaixed are bound to restitution of all reue newes and prosies which they haue reaped by their Bishopricks What counsell now is there to be taken in this point Let your Academicks I pray you consider English Concord Concord Pag. 58 THat Christian Princes haue with commendation created and deposed Bishops yea Bishops of Rome not only Hainric but also our most drad Soueraigne Lord Iames the most learned King vpon the face of the earth hath manifested in his monitory Preface out of the Ecclesiasticall Histories in these very words Page 28. Inperatores arque Reges c. All these Emperours and Kings which liued religiously and Christianly were so farre from thinking the Pope to haue any power ouer them that they themselues haue created Popes and when they grew irregular reformed them and somtimes also deposed them And Page 291. Sed et per aetates complurimas c. But for many Ages together the most assured and inuiolable right of creating the Romane Bishops remained with the Emperors Wherin my principall witnesse shall be the Bishop of Rome who decreed in a Councel a Sigeb An. 734 Wathr de Epis Inuessat Mart Polon An. 780. of 153. Bishop and Abbats that right and power of choosing the Pope and ordaining the Sea Apostolike should remain to the Emperour Charles the great and moreouer definitiuely ordained that all Archbishops and Bishops throughout all Prouinces should take their inuestiture from him Niem de Pnuil et Jur. Dist 63 ca. Adrian that no Bishop should be consecrated vnlesse he were first commended and inuested by the King And whosoeuer shall offend against this decree hew rapped him vp in the bands of Anathema Mat Paris in H. Act. 1100. sdem An. 1112 et An. 1119 Page 34. King Henry the first of that name after the conquest gaue the Bishopricke of Winchester vnto William Gifford and presently inuested him into all the possessions appertaining to that Sea against the decrees of the late Councell The same King Henry gaue the Archbishopricke of Canterbury to Raphe Bishop of London and inuested him by a Ring and a Staffe Plat. vit Pela 2. et Gregory Besides not only Plaina but other Popish Writers do witnesse that the Emperours consent for many Ages was to be obtained for the choise of the Bishoppe of Rome which thing Bellarmine wich all his skill Declericis could not handsomely auoid Moreouer also the Romane Bishops were enioyned to pay vnto the Emperours Exchequer a certaine summe of current money for the obtaining of their confirmation which custome endured for the space of seauen hundred yeares An. 680. in vita Agatho Anastas An. 678 Dist 63. 1. Agatho after
Christ as is witnessed by Sigebert Luitprand and other Historians of the Romane faction But euery where we shal meet with examples of Emperours which cut the wings of the Romane Bishops vsurped authority All these things so substantially manifested and pithily disputed by our Soueraigne King in his Apologie for the oath of Alleageance Page 127.128 will Dr. Tooker most willingly subscribe vnto especially seeing hee demonstrateth the same by sacred text saying Sub veteri Testa 2. Chro. 19 v. 4 reges haud dubiè gubernatores erant Ecclesiae intra fines suos exauctor auerunt enim summum Pontificem aliumque in eius locū subrogauerunt 1. Reg. 2. v. 17 Vnder the old Testament there was no question but that Kings were gouernours of the Church within their dominions for they deposed the high Priest and placed another in his roome Truely Dr. Tooker affirmeth Regem non Sacrare Episcopos That the King dooth not consecrate Bishops and as truely that the King is a sonne of the Church as Valentinian or with Theodosius a pupill or a foster childe of the Church yea a disciple not onely of Archbishops and Bishoppes but also of inferiour Priests and Ministers whose Sermons he more often heareth but onely Quoad officia Ministerialia respecting the proper office of Ministeriall duties and not in the Supreme gouernment of the Church And vnto this purpose writeth Dr. Tooker Page 311. of King Edward the sixt Titulumet stolam Pontificiam aspernabatur c. Although he refused the title and robe of a high Priest yet notwithstanding he retained the Christia Supremacy to himselfe as the meane wherby he might more safely aduise the Church and prouide for it against the time to come Againe he verifieth as much of our King Iames and other Christian Princes Page 312. Sunt quidem reges Christiani c. Euen now are Christian Kings and other Princes the highest and Supreme gouernours of all persons whatsoeucr within their Empire and Dominion and haue euer so beene from the ancient time of the purer and Primitiue Church And Page 312. Non tantum sunt praesules in ordine c. Yet notwithstanding they are not Prelates in any Priestly order although they enioy a Supremacy in the Christian regiment for vvith great Constantine they ought to be common Bishops of exterior matters and with Charles the great Ludouicus Pius Lotharius make lawes Ecelesiasticall Canons if neede require or with King Dauid Salomon Ezechia and Ichoshaphat keepe visitation in the Temple and giue order to Ecclesiasticall affaires And why not then with Salomon to depose and disrobe a high Priest and put another in his place for which opinion Dr. Tooker writeth Page 152. Totumhoc quantumcunque est c. All this how great soeuer which is as great as may be is but an or dinary document of pietie religion and royall iurisdiction Wherefore this standeth a fir me foundation of our side that King Salomon out of his ordinary power might depose the high Priest and bring him into order And therefore vaine is the Challenge of the Romane Bishops boasting an immunity as though no secular Prince could remoue them For it is plaine that this is practised in sacred Scriptures Therefore with what face though of brasse could the Iesuite Becane vtter to the world this low de lye And from whence doth he in another place confesse that it is so farre from King Iames to create and depose Bishops that hee rather acknowledgeth himselfe their foster childe and disciple As though King Salomon acknowledged not himselfe a foster childe of the Church and Disciple of the Priests when hee deposed Abiathar and subrogated Zadoc in his stead the Iesuite Sophister like is alwayes wallowing in a fallacy called Ignoratio Elenchi Moreouer Doctour Tooker Page 37. writeth Rex concedit suam regiam licentiam eligendi As often as it happeneth to any Cathedrall Church to be destitute of a Bishoppe then the King by a vvritte giueth licence to the Deane and Chapter to elect another person Canonically But I will btiefely declare vnto thee gentle Reader the whole processe and carriage of this election for it is common and vulgar euery day Thus therefore it proceedeth When any Cathedrall Church wanteth his Pastor the King sendeth foorth his royall Writte Conge Destire directed to the Deane and Chapter commaunding them with all speed to assemble and to choose an Archbishoppe or Bishop for their Sea but with this prouiso that they choose no other than that person which shall be named by the King vnder the penaltie of a Praemunire which is the greatest punishment among vs in England except death And the same Archbishop or Bishoppe so named by the King and elected as aforesaide must be consecrated by the Archbishop or Bishops vnder the same penalty Now consider learned Reader for I will make thee my iudge what other thing is this then to create Archbishoppes and Bishoppes excepting one lie ceremoniall formalities But let vs suffer that most blessed Martyr Archbishop Cranmer to rest in glory with Christ in heanen This Iarre and difference is of great momenn I meane betwixt the Papists and vs for if it appeare as cleare as the light both by the Popes Canon lawes also by open Tables of Ecclesiastical Histories as our most drad Soueraine hath most exactly demonstrated that the Romane Emperor created elected Popes set in order the Sea Apostolike And if all Archbishoppes and Bishops throughout all Prouinces receiued their Inuestitures from them according to the popish VVriters especially the Iesuits all those Romane Bishops which haue been so created and elected for many hundred yeares to omit all inseriour Archbishops and Bishops Non extiterunt Pastores intrantes per ostium in ouile sed Praedones aliunde ascendentes haue not beene Pastors entring into the sheepefolde by the doore but thieues and robbers ascending another way that is false Bishops Archbishops and Pastors Out of which I inferre three things First that all the Bishops so created by Emperours and Kings according to the words of Genebrarde vvere disorderly and Apostaticall rather then Apostolicall Secondly whatsoeuer was done of them by Episcopallauthoritie or Iurisdiction is of no moment force or validitie Thirdly that the Bishops so ordained are bound to restitution of all reuene wes and and profits which they haue reaped by their Bishopricks Seest thou not Iesuit how thou art beaten with thine owne rodde Quid hic consilij capiendum What deuise is now to be taken Let your Academicks who now onely hauing swallowed vp the Sorbonists will rule the rost to weet the Iesuiticall Fathers if it so may please their God Layola see vnto it BECAN Exam. Page 181 YOu use three arguments to prone that Doctor Tooker agreeth with Hainric herein viz. that Kings may make and depose Bishops i. Tooker embraceth as orthodoxall all things prooued by the King But that Kings may create and depose Bishops was soundly proned by the King Therefore Tooker
third argument is Tooker writes that Salomon deposed high Priests therefore the King of England may doe the same This also is no consequence for most graue Authors teach that These and such like consequences are not good c. The Kings in the old Testament had that power therefore Kings in the nevv Testament haue the same Dr. HARRIS Reply THis brew-bate Iesuit would faine haue made a Iarre betweene Hainric asserting the Kings power to depose Bishops and Doctor Tooker The English Concord sheweth that Doctor Tooker did not onely assert but also proue the same by the exemplarie act of Salomon deposing the high Priests Against this cleare concord the Icsuit opposeth nothing but this That most graue Authors deny the argument Which is nothing to the purpose For heere the question is not whether other Popish Writers dissent from Hainric or Tooker but whether Hainric Docter Tooker dissent heerein Neither in this case mattereth it whether this Argument from Salomons act be good or not It sufficeth that Doctor Tooker tooke it to be good BECAN Exam. Pag. 1â—2 THese your arguments help not your cause For either they are sound or not sound If sound they prone Tooker to dissent from himselfe and so there is a Iarre If not sound why doe they occupy any paper Dr. HARRIS Reply THis Iesuit is very vnlucky in his Dilemmaes For as the former haue been so this is thus retorted vpon him These arguments helpe my cause well for if they be vnsound by Becans dispute they prooue not Doctor Tooker to dissent from himselfe and so no Iarre if sound what cause hath the Iesuit to dislike either them or the printing of them Thus is his whole Examen in this ninth Chapter vtterly dissolued and brought to naught ⧠Becans Iarre X. Question Whether the King can excommunicate his obstinate subiects or no 1. HEere now doe our Adversaries ranke their King amongst ordinary men what they granted vnto him before heere now they seeme to revoke For they say that the King cannot excommunicate any of his subiects yet himselfe may be excoÌ„municated by them and expelled out of the Church of England whereof himselfe is supreame Head The former part heere of doth Maister Tooker affirme pag. 15. in these vvords Rex non habet potestatem distringendi gladium spiritualem vel quempiam excommunicandi The King hath no power to vnsheath the spirituall sword nor to excommunicate any man c. And the Chaplaine my Lord of Ely pag. 151. saith Nos Principi censurae potestatem non facimus Wee doe not giue authoritie to our Prince to vse Censures c. And againe Maister Thomson pag. 83. Excommunicare nullo modo ad Suprematú Ecclesiae pertinet To excommunicate doth no way belong to the Supremacie of the Church And againe pag. 84. Omnes fatemur Regem excommunicandi potestarem nullam habere Wee doe all confesse that the King hath no power to excommunicate c. 2. The later part of the former point affirmeth Ma. Burhill pag. 137. when he saith Quod Ambrosio licuit in Theodosium idem alijs in Regem simili de causa liceat c. As it was lawfull for Ambrose to proceed against Theodosius so is it lawfull also for others to proceed against the King in the like cause c. To wit hee vvould say as it was lawfull for S. Ambrose beeing a Bishop to excommunicate Theodosius the Emperour so in like manner it is lawfull for our Bishops of England to excommunicate King Iames if hee offend in like manner And then againe pag. 242. Supremus Ecclesiae Gubernator potest eijci ex Ecclesia The supreme Gouernor of the Church to wit the King may be cast forth of the Church c. And pag. 267. Rex etsi iustusimè excommunicatus non amittit Primatum The King although he should be most instly excommunicated yet hee doth not loose his Primacie c. 3. Now I doe not sec how these things can possibly hang together or agree vvith those vvhich hitherto before haue beene attributed to the King For vnto him is attributed That hee is primate and the supreme head of the Church of England That be is aboue all persons as well Ecclesiasticall as temporall in his Kingdome That hee bath supreme most ample and ful iurisdiction Ecclesiasticall no lesse then politicall and temporall And notwithstanding all this beeing so great a person yet can hee not excoÌ„municate any one of his subiects either Laicke or Church-man although neuer so rebellious and obstinate Nay although hee be so great as hee is hee may neuerthelesse be excommunicated by his subiects and cast out of the Church of England wherof he is supreame Head I cannot vnderstand this mysterie 4. Heerevnto will I adde three arguments more which will increase the difficultie The first is He that hath supreme most ample most full Iurisdection Ecclesiasticall in any Kingdom may exercise all the actions and offices that belong vnto Iurisdiction Ecclesiasticall of that Kingdom But now the King hath supreame most ample and most full Iurisdiction Ecclesiasticall in the Kingdome of England as Maister Tooker and Maister Salclebridge doe confesse Ergo he may exercise all offices belonging to Iurisdiction Ecclesiasticall in the Kingdom of England Ergo be may also excommunicate for that excommunication which is denounced by sentence is an act of Ecclesiasticall Iurisdiction Or else contrariwise if you will thus Hee that cannot exercise all acts of Ecclesiasticall Iurisdiction in any Kingdome hath not supreame most ample and most full Iurisdiction Ecclesiasticall in that Kingdome But the King of England cannot exercise all acts of Ecclesiasticall Iurisdection in his Kingdome because hee cannot excommunicate any man Ergo hee hath not supreme most ample and most full Iurisdiction Ecclesiasticall in his Kingdome 5. The second argument is this Hee that giueth to another power to excommunicate without doubt hath power himselfe to excommunicate because no man can giue to another that which hee hath not himselfe But the King of England giueth power to his Bishoppes to excommunicate Ergo hee hath power to excommunicate The Minor is prooued out of Maister Tooker pag. 304. vvhere hee affirmeth That the Bishops of England doe receiue all their Ecclesiasticall Iurisdiction of the exteriour Court from the King But now power to excommunicate belongeth to Iurisdiction of the exteriour Court as the Chaplaine pag. 41. and Maister Tooker pag. 305. expresly teach vs saying Rex habet omnem iurisdictionem spiritualem in foro exteriori exceptis quibusdam censuris The King hath all Iurisdiction spirituall in the exteriour Court excepting certaine Censures But now he excepteth ExcoÌ„munication wherin you see is to be noted againe a contradiction in Ma. Tooker for that he referreth Censures amongst which excommunication is one to the Iurisdiction of the exteriour Court True indeed But yet he adioyneth two other things that are contradictorie The first that the King can give vnto Bishops all Iurisdiction of the
amplexi idem sibi aut non multo secus asseruerunt c. The Oath of Primacy vvas first brought in vnder K. Henry the 8. vnder whom Sir Thomas More and the Bishop of Rochester vvere beheaded and that partly because they refused that Oath From him all my Predecessors dow neward as many as haue imbraced this Religion did retaine the same Oath or not much different vnto themselnes c. Novv the later Oath vvas inuented by King Iames himselfe The second poynt 6. The Question then is Whether all the Kings subiects in England are bound in conscience to tabe both these Oathes as often as the King shall exact the same Or vvhether they should suffâ—rimprisonments torments and death it selfe rather then sweare Concerning the former point the Catholiques doubt nothing for that they haue certainly and firmly determined rather to lese their lines together with the glorious Martyrs Sir Thomas More and the Bishop of Rochester then to admit the Kings Primacy and abiure the Popes Now coucerning the later Oath there hath been some doubt made these yeares past For that some Catholicks who perceiâ—ed not the force scope of that Oath did a little stagger at the beginning vvhether they might with a safe coÌ„science sâ—earâ— thereto or no. Which doubt of theirs notwithstanding did not last long but vvas soone taken away by Pope Paul the fist and Cardinall Bellarmine For the Pope forthwith directed two Apostolicall Breues to the Catholiques of England and the said Card vvrote a letter to Ma. Blackwell then Archpriest of this affaire Both Pope and Cardinall dec deny that the said Oath may be taken with a safe conscience and their reason is this Because no man with a safe conscience can deny the Catholicke faith But hee now who should take this Oath proposed by the King should deny the Catholicke faith though not generally yet in part so farre foorth as belongeth to some one article there of Ergo no man vvith a safe conscience can take this Oath 7. This reason beeing very sound all good Catholicks admit but our Adversaries doe not I in fauour and consolation of the Catholicks haue determined to adioyne heere vnto two other reasons especially against the Oath of Supremacy which by the Aduersaries cannot be reiected The first is this No man is bound in conscience to sweare that which is either apparantlie false or at leastwise doubt full But that the King is Primate supreme head of the Church and for such to be obeyed not onely in temporall but also in Ecclesiasticall matters is either apparantly false or at leastwise doubt full Ergo no man is bound in Conscience to sweare the same The Maior is cuident of it selfe for that it is not lawfull to affirme any thing which is either false er doubtfull and much lesse to sweare the same The Minor is prooned thus For that it is iudged apparantly false aswell amongst the Caluinists as amongst the Catholicks that the King is Primate supreme head of the Church But now amongst the Caluinists of England who adhere vnto the King the same is called into doubt For that some of theÌ„ affirme others deny these points following 1. That the King is Primate of the Church 2. That he is supreme head of the Church 3. That he hath Ecclesiasticall Primasy oner the Church 4. That hee hath power and Iurisdiction Ecclesiasticall 5. That the King by his owne proper Autheritie may assemble Councelis or Synods and sit as chiefe Head or President therein 6. That hee can confer benefices or Ecclesiasticall liuings 7. That he can creats and depose Bishops 8. That hee is ludge in Controucrsies of faith c. So as truly if these and the like points be doubtfull and vncertaine amongst those who adhere vnto and fanour the King seeing that some deny them some assirme them it followeth necessarily that the Kings vvhole Primacy is an vncertaine thing What rashnes then impudencie is it to goe about to binde Catholicks in their Consciences to sweare that which they themselues doe affirme some of them to be false some others to be doubt full 8. I vvill explicate more distinctly that which I haue said The Oath of the Kings Primacy doth containe so many parts as there be or are thought to be Offices and functions of the Kings Primacy The Offices then either are or are thought to bee dinerse as we haue seen before towit to assemble Synods to exact and decree Ecclesiasticall lawes to confer benefices to create Bishops to determine controuer sies of faith and the like Therefore diuerse are the parts of the Oath of the Kings Supremacie Of these parts then let vs take one of them by it selfe to wit this I A. B. doe sweare in my conscience that I will be faithfull obedientvnto the King as often or whensoeuer he shall by his owne proper authority create Bishops whom he will againe depose from theis office or dignity whom hee will c. If this part onely of the Kings Offices shoulâ— be exacted of all his Maiesties subiects in England what do you thinke would be done Would all trow you yea they vvho most adhere now vnto the King sweare this Let them swear that would M. Tooker I am sure if hee be a constant man would not For that he denyeth the creation and deposition of Bishops to belong any way vnto the King And if so be that heâ— who otherwise acknowledgeth the Kings Primacie at least in words would not sweare there unto how then should Catholicks be compelled to doe the same who doe in no wise acknow ledge it And what I haue said concerning this point the same may be also said of therest 9. My other reason is this King Iames doth often protest that he claimeth no more right or Inrisdiction oner the Church then did the Kings in the olà Tistament in ancient times and therfore that this his Primacy must be coutained within the same lymits termes that theirs was in the old Testament But the Kings in the old Testament could not compell their subiects to sweare such an Oath as this I A. B. doe openly testifie and in my conscience declare that Ieroboam is the onely supreme Gonernour of this Kingdome of Israel as well in spirituall as temporall matters And that no forrayner hath any iurisdiction power superiority preheminence or authority in this Kingdom c. Ergo neither King Iames can inforce his subiects to take such a like Oath The Maior is manifest out of his Maiesties owne words in his Apologie The Minor I thus explicate After the death of King Salomon his kingdome God so disposing was diuided into two parts vvhereof one contained ten Tribes the other two So as by this meanes they became two distinct kingdoms afterwards and therein raigned two distinct Kings one whereof had no depeÌ„dance of the other in temporall gonernment One was called King of Israel the other King of Iuda and both of them had
not reâ—â—le when hee suffered hee threatned not but deliuered himselfe to him that iudged him vniustly c. 10. And Heb. 11. 36. Others had triall of reproaches and stripes moreouer also of bands and prisons they were stoned they were hewed they were tempted they died in the slaughter of the sword they went about in sheep-skins in goate-skinnes needy in distresse afflicted of whom the world was not worthy wandring to deserts in mountaines and dennes and in caues of the earth c. 11. And againe in the 12. Chapter and 1. verse And therefore by patience let vs runne to the Combat proposed vnto vs looking on the Author of Faith and the consummator Iesus who ioy beeing proposed vnto him sustained the Crosse contemning confusion and sitteth on the right hand of the seat of God For thinke diligently vpon him who sustained of sinners such contradiction against himselfe that you be not wearied fainting in your mindes For you haue not yâ—trelisted vnto bloud c. 12. And yet more a. Cor. 11.23 In very many labours in prisons more abouÌ„dantly in stripes abone measure in deathâ— often Of the Ievves fiue times did I receine forty stripes sauing one Thrice was I beaten with rodds once I was stoned thrice I suffered shipwrack night and day haue I beene in the depth of the Sea in ionrnying often in perils of waters perils of thieues perils of my Nation perils of Gentiles perils in the Citie perils in the Wildernesse perils in the sea perils among false brethren in labour and miserie in much watching in hunger and thirst in fastings often in cold and nakednes c. 13. And yet more in the 12. Chapter and 9. verse Gladlie will I glory in my owne infirmity that the power of Christ may dwell in mee For which cause I please my selfe in infirmities in contumelies in neceâ—sities in persecutions in distresses for Christ For when I am weake then am I mightie c. 14. With these and the like testimonies of holy Scriptures vvere armed Sir Thomas More and the Bishop of Rochester when they rather chose to die then to take an impions wicked Oath With these places vvere others also animated who followed them in their glorious fight And lastly with these are they encouraged who now in England are kept in prisons bound in fetters spoyled of their goods and linings and purpled in their owne bloud S. Cyprian Epist 9. Pretiosa mors haec est quae emit immortalitatem pretio sanguinis sui Pretions is that death which buyeth immortality with the price of it bloud And in the end of the same Epistle O beatam Ecclesiam nostram quam temporibus nostris gloriosus Martyrum sanguis illustrat Erat antea in operibus fratrum candida nunc facta est in MartyruÌ„ cruore purpurea O happy is our Church which the glorious bloud of Martyrs doth in these our dayes illustrate It was made white before in the works of our brethren but novv is it made purple in the bloud of Martyrs And yet more in Epist 24. Quid gloriosius aut felicius vlli hominum poterit ex diuina dignatione contingere quà m inter ipsos carnifices interritum confiteri Dominum Deum quà m inter saeuientia saecularis potestatis tormenta etiam extorto excruciato excarnificato corpore Christum Deâ— filium ersi recedente sed â—amen libero spiritu confiteri quà m relicto mundo caelum petisse quà m desertis hominibus inter Angelos stare quà m collegam passioniscum Christo in Christi nomine factum esse What can happen vnto any man through Gods diuâ—ne bountifulnesse more glorious or more prosperous then without all feare to confesse our Lord God then amidst the cruell torments of secular power to confesse Christ the Sonne of God with a free spirit though now departing from the body yea from the body tortured tormented and all to bemangled then by leaning the vvorld to goe to heanen then by for saking the company of men to be conuersant with Angells and bee made partaker of the Passion of Christ in Christ his Name English Concord IT is very true that both the oath of Supremacie and the oath of Allegiance are contained in the Kings Apologie but this is a very false plainlie a Iesuiticall lye that in both those oathes viz. the oath of Allegiance The subiects are required publiquely and openlie to professe and acknowledge that King Iames is the supreme Gouernour and Lord of all England not onely in politique and temporall matters but in spirituall Ecclesiasticall also and that neither the Pope nor any other forrainer hath any power or inrisdiction in or oner the Church of England Heere I begin with the Iâ—suit taking him napping in a grosse falsification of the oath of Allegiance for there is no such thing contained therein Which is also testified by his excellent Maiestie in his Preface Monitory pag. 11. Vt certioribus iudicijs per ditam horum coÌ„uitiatoruÌ„ malitiam deprehendere pos sit is c. That with more certaine and assured tokens you may espy the desperate malice of these raylers as the Pope Paul 5 Cardinall Bellarmine and Becane who impudently affirme that this Oath was deuised to entrap and beguile the consciences of improuident Papists in matters of faith I will declare the vvhole passage of the matter in few vvords As soone as this for me of the Oath of Allegiance vvas conceined the lower house of Parliament thought good to insert that clause vvhereby all power should bee taken from the Pope to excommunicate the King But I presently caused the same to be razed out to the end that it might appeare that this Oath had no other force or respect then that the Popes excommunication should be no iust or lawfull cause vnto my subiects by secret or open practises to attempt any thing against my person or my kingdome because I thought that this sentence of excommunication of a spirituall censure was by vniust vsurpation of Popes made a secular pretence and so exorbitant beyond all bounds With so great care and studie I did auoide that nothing should be contained in this Oath but that profession sion of ciuill allegiance and temp or all obedience vvhich nature it selfe prescribeth to all them vvhich are borne vnder any kingdom adding onely a firme promise wherby I demaund of my subiects ayde and assistance against the breach of due allegiance and fidelitie Wherefore I faw it appertained to the cause that I should make an Apologie for this Oath vvherein I haue taken vpon mee to proue that nothing is contained heerein but that vvhich concerneth meere ciuill and temporall obedience such as is due to all soueraigne Princes And againe in the 53. page of the Apology Iuramentum primatus excogitatum est ad discrimen faciendum c. The Oath of supremacy was deuised to discerne and put a difference betwixt the Papists and those of our religion but the Oath of Allegiance was inuented to distingutsh
misliked the one for vanitie and approued the other as a good thing giuen by God whereas the expresse words of Chrysostome are cleane contrary thus Nune scimus c. Now vve knowe that a good vvorke is one thing and the Primacy of honour is another thing And that it is good to desire a good thing but to couet the Primacie of honour is vanitie To shut vp this point The Christian Reader may here vnderstand that the Pope euen by the vertue of this testimony of Chrysostome set down in and authorized by the Canon law is incapable of Ecclesiasticall Primacy For if he be no Priest indeede he can be no Ecclesiasticall Primate indeede But by this Canon indeede he is no Priest because he is no Priest Opere in Priestly work that is as S. Paul expounds it to preach the vvord in season 2. Tim. 4.2 1. Pet. 5.2 Heb. 5.14 out of season c. or as Saint Peter explaines it To feede Christs flocke vvith the sincere milke or strong meat of the vvord or as Chrysostome here describes it To serue his inferiours by ministring vnto them all that hee hath receiued from Christ ready not onely to neglect his owne profit to procure theirs but also if neede vvere to lay down his life for them The Pope therfore being lesse in nothing then in this work is by the expresse words of this Canon nothing lesse then a Priest indeede and by necessary ineuitable consequence nothing lesse then Ecclesiasticall Primate indeede Here is now high time for this Iesuite to lay-vnder his shoulders for support of the tottering Primacy of his Pope very sore shaken by this Canon law-shot and ready to fall down into the dust Wherein pittiful is the Popes case who in this conflict for his defendour bath so seelie a weakeling and so ignorant a Iesuite as this Becane is and hereafter will more and more appeare to be English Concord BEcane in his book of Iarre in his second Question demanded Whether that Primacy of the King be Ecclesiasticall and Spirituall And I in my booke of Concord Page 4. and in my second Question demanded Whether that Primacy of the Pope be Secular and Temporall Because on the one side the Pope Lucifer-like asserteth All power to be giuen vnto him as vvell in heauen as in earth Which power Pope Boniface the eightth went about to put in practise vvhen hee endeuoured to strike a Terrour into Kings Princes Nations and people on the earth rather then to plans Religion in them And on the other side Chrysostome saith They who belieue not the Iudgement of God nor feare it abusing their Primacy secularly turne it into the Secular And Christ saith first vnto Peter I vvill giue thee the keyes of the kingdome of heauen not of earth and then of himselfe My kingdom that is my Primacie which to the Pope is in stead of his kingdome is not of this world Ioh 18.36 If it vvere of this vvorld my seruants would surely fight that I should not be deliuered to the Iewes And this said diametrall opposition betwixt the Primacy of Christ and the Primacy of the Pope-Antichrist caused Pasquill to write in verse no lesse truely then eloquently thus Christus regna fugit sed vi Papa subingat vrbes Spinosam Christus Triplicem gerit ille coronam Abluit ille pedes Reges his of cula praebent Pauit oues Christus Petit hic Regna omnia mundi Pace venit Christus venit hic radiantibus armis Christ worldly kingdoms offered did eschew The Pope by force seeks kingdoms to subdue A Crowne of Thorne our Sauiour Christ did beare The Pope a triple Crowne of gold doth weare Christ vvasht the feet of his disciples all But all must kisse the Popes feet great and small Christ fed his sheepe and lambs most carefully The Pope to worldly kingdoms casts his eye Christ to his owne both milde and meeke did come The Pope with Armes the world doth ouerun Here is a matter very dangerous to the Popes Primacy which this shallow Iesuite not daring to denie and yet not able to answere vnto it leauing it as it were the body flyeth onely vpon the shadow that is the Citation as it followeth BECAN Exam. OVs of Gratian Page 92. Dist 9. cap. Innocen you 〈◊〉 the Pope asserting All power to be giuen to him as well in heauen as in earth but falsly For in Dist 9. there is no such Canon to be found Yea runne ouer all the Distinctions that are in Gratian yet you shal not finde it Indeede there is such a Canon in the second part of the Decree 22. Question 4. which begins thus Innocens but there it no mention of those words which are cited by you Dr. HARRIS Reply IS this beseeming the grauitie of Iesuiticall Fatherhood so childishly to snatch after flyes that is Escapes in Citations either of the transcriber or composer or correctour and sometimes peraduenture of the Author himselfe seeing those escapes are so frequent in most bookes printed The Glosse of the Canon law is so accurately and iudiciously written that the most learned Canonists circ it often for good Canon law as they doe the very text of the Canon law and yet the saide accurate Glosse faileth often in the Citations which it vseth whereof these two Escapes may serue for a taste viz. Dist 81. ca. Si qui verb. Emendent The Glosse citeth Dist. 22. ca. Nullus and yet in that Distinction there is no such chapter to be found Againe in Dist. 96. ca. Si Imperator verb. Definimus the Glosse citeth Cause 20. Quest 3. ca. Quasitum and yet there is no such chapter or Canon to be found in that third Question nor in that twentieth Cause If this Iesuite had written against the Authors of that learned Glosse he would haue strewed vpon them as he hath done vpon me in like case these his rhetoricall flowers or rather boyish scurrilities viz You cite the Canon falsely You haue not read the Canon You vnderstand nothing How ost shall I warne you to cite truly It irketh mee to warne you so often I see I doe but lose my my labour in desiring you to cite truely since I can obtaine nothing c. In Page 8. of my English Concord I cited Iewell his Apologie part 4. cap. 21. Dinis 7. collecting certaine reasons to proue that which I there alleaged Iewell for proofe of his collections cited First 9. q. 3. Neque ab Augusto Secondly Dist. 40. Si Papa Thirdly Dist. 19. Si Romanorum For my part the authoritie and most profound learning of that reuerend Father bred such a reuerence in mee towards him that I would not so much as examine the saide Citations but set them downe as I found them written in his booke Now the Iesuite in his Examination of the saide Citations finding some small slips in some of them bestowed vpon the Bishop through or by my sides these scurrile and disgracefull flowers
following You profit nothing I vvill teach you once againe It casilie appeareth that you neuer saw either the Glosses or Canons Such Glossators out of England are of no estimation Who would not admire the insolency of this Iesuiticall Bragadochio obiecting ignorance to the incomparablie learned Bishop Iewel vnto whom in the indifferent iudgement of any equall and indicious Readers of the writings of them both Becane is not worthy to holde the candle or to carry his books after him This I thought meete gentle Reader to signifie vnto thee in generall because this trifling disputer in his whole discourse following about Citations dooth nothing else but misspende the time in such emptie sopperies As for this Citation in particular viz. Dist. 9. ca. Innocent The very truth is it was onely the fault of the Transcriber for those very words D. 9. ca. Innocent written I expuncted with mine owne hand before any Iesuiticall censure passed ouer them The matter comprised in the words which I cited viz. That all power is giuen to the Pope as vvell in heauen as in earth was a thing so well knowne to all papists of any reading and also acknowledged as an article of popish faith that for proofe thereof I set downe no Citation in the Margine of my booke But now least this vnlearned Iesuite hauing read so little as by all his writings may appeare in the Canon law or popish Councells or Canonists should imagine that no proofes of the said matter are to be found in them I will direct him for his schooling sake first to the Canon law Dist 22. ca. Omnes Where Pope Nicholas speaketh thus Christ himselfe alone founded the Romane Church and erected it vpon the rock of faith when he gaue to Peter clauiger of eternall life the rights of the Empire earthly and also heauenly What is this else but more plainely translated into English thus He gaue to Peter and consequently to the Pope all power in heauen and earth But it may be the Iesuite would faine see the place where the very words are written Therfore Secondly I doe direct him to the popish Councell of Lateran vnder Pope Leo the tenth in which Councell Stephanus the Bishop of Petracha spake thus openly with great applause In the Pope is all power aboue all powers as well in heauen as in earth Thirdly I direct him to the most famous Canonist Abbot Panormitan who super prima primi de Electione cap. Venerabilem verb. Transtulit writeth thus The Pope may vpon very great cause transferre the Empire from one nation to another because he can doe vvhatsoeuer God can doe otherwise Christ had not beene so diligent a father of his family if he had not lest one on earth in his place vvho can doe all things that Christ himselfe can doe By this it is plaine that as All power in heauen and earth was giuen to Christ So all power in heauen earth is giuen to the Pope And consequently it is as plaine that as Christ is God so the Pope is God For better vnderstanding of which consequent I send the Iesuite to that learned and iudicious yet popish Writer Marsilius Patauinus who relateth out of Bernard thus All things were giuen to Christ because he was the eternall Sonne of God And Christ doth challenge to himselfe all things by the right of creation and merit of redemption And vvhosoeuer takes these vnto himselfe makes himselfe indeede God 2. Thes 2.4 That is as Saint Paul describeth him the popish Antichrist sitting in the temple of God as God shewing himselfe that he is God or rather exalting himselfe aboue all that is called God or worshipped Which may better appeare by Becanes solution of these two Questions following First whether as to Christ and Pope All power is giuen in heauen and earth so both Christ and Pope haue one and the same name giuen to them viz. The name aboue euery name that at the name of the Pope Phil. 1.9 as at the name of lesus euery knee should bow of things in heauen in earth and vnder the earth Vnto this former questioÌ„ I suppose Becane would say Respondetur quod sic that is affirmatiuely because in his Examen pag. 133. he saith The Pope Peter was receiued into the fellowship of the name and dignity of the indiuiduall vnity or Godhead Then the second questioÌ„ goes further thus whether at the name yea at the feete of the Pope all should not doe more than bow the knee since the greatest Emperours must fall downe flatte with their faces on the ground to kisse his feete and with their necks stretched out must receiue and entertaine his feete trampling vpon them and lastly as it is challenged at this time must offer readily their throats to be cut at the Popes pleasure Before I leaue this Straine I must set downe that which the Glosse out of the foresaide Canon Omnes D. 22. inferreth viz. thus Argumentum quod Papa habet vlrumque gladium et spiritualâ—m et temporalem This argueth that the Pope hath both the swords Spirituall and Temporall Euen as the Canonists also thence gather the Popes supreme power temporall euen ouer the Empire to conferre it to vvhom he will and to transferre it whence and whither he will And so the Pope falleth into the iust condemnation of God and Confusion in heauen whereof we heard before out of Chrysostome Here two great mischiefes are necessarily inferred pat vpon the Popes head the former That he is that Antichrist and his Primacy Antichristian The later That the Pope by reason of that his Primacy lieth deepely plunged into hellish confusion And yet here the Iesuite Becane is as mute as a fish so miserable a desendour of the Pope is he even that Becane who in the Preface to his Examen wished that he might be the kings valiant Champion to desend his Cause Now surely his Maiestie should be maincly wel holden vp through his great store of ignorance more grosse then euer I perceiued in any Iesuite Writer whatsoeuer English Concord BEcame in his Iarre Question 3. demanded Whether the King by reason of his Primacy may be called Primate of the Church And I in my Concord demand Whether the Pope by reason of his Primacy Anton. de Rosellis may be called as popish Writers call him King of Kings and Lord of Lords For example Boniface 8. vvho in time of solemne supplications vvent apparelled right as the Emperour himselfe Crowned vvith a golden Crowne Caesar like glistering in an embroidered gowne and a naked sword carried before him at his commandement Can ye Vide vit Dond in Sexco ô Academicks for the Iesuite often speakes to you beholding this spectacle forbeare laughing Vnto this the Iesuite saith no more but as followeth BECAN Exam. YOu cite out of the life of Boniface 8. vvhich is in the sixt booke of the Decretals these words Boniface 8. In time of solemne â—pplication but falsery There is no such
embraceth it as orthodoxall Heere first the minor is false for Tooker denieth that the King can create and depose Bisoops for hee saith that the institution and destitntion of inseriour Priests belongs to Bishoppes and not to Kings therefore the King hath not solidly proued it Secondly it may thus bee returned All Academichs willingly approur all things soundly prooued by the King But the King hath soundlie prooued the Pope to be Antichrist Therefore the English Academicks willingly erâ—braec it as orthodoxall The consequenâ—â— is faise For Powell verily belioueth that the Pope is Antichrist and the King is nor cortaine of it The Syllogisticall form is goods therefore one of the premisses is false Dr. HARRIS Reply HEere haue we the picture of a very vnlearned Iesuit whose lineaments are drawn with his owne pensill and which is depainted with his owne liuely colours First ignorantly hee confoundeth as one a single narration with a double ratiocination and the institution and destitution of inferior Priests with the creation and deposition of Bishops Secondly he answereth two Syllogismes and those produced from his owne forge onely with denying the conclusions of both Thirdly he reasoneth from one indiuiduall Doctor Tooker to all our Vniuersitie Academicks Lastlie hee brings in Maister Powell disallowing that which hee chiefely approueth The single natration set downe in the English Concord was thus Doctor Tooker reading and well approuing his Maiesties solidarguments especially that from exemplary act of Salomon commended in Scriptures viz. in deposing Abiathar and placing Zadock chiefe Priests was so farre from denying the power of Kings to depose Bishops that he grounding himselfe vpon the said act of Solomon concluded with the King and Hainric That Emperours may lawfully depose Popes and so made vp the harmony of all good concord heerein The Iesuit transformeth this single narration into a double Syllogisme the former thus All which the King hath soundly prooued Tooker doth not deny but embrace as orthodoxall But that Kings may depose Bishoppes the King hath soundly proued Therefore Doctor Tooker doth not deny that Kings may depose Bishoppes To this hee answereth thus Doctor Tooker denyeth that Kings may depose Bishops therefore the King hath not solidly prooued it Then briefely and plainly his aunswer heere vnto is thus The conclusion of this syllogisme is false Therefore the minor is false Which answer proceedeth from extreame ignorance in the very principle of Logick But how proues hee for hee dare not be Respondent heere the conclusion to be false Because Doctor Tooker denieth the institution and destitution of inferiour Priests to belong to Kings as beeing proper to Bishops As though inferiour Priests and Bishops were all one As though institution and destitution of Priests were all one with election deposition of Bishops or Popes One Bishop may institute and destitute an hundred Priests but one hundred Bishoppes cannot choose or depose one Bishoppe especially an Archbishoppe or Pope Heere are some lineaments liuely colours of this Iesuits grosse ignorance moe are to be seene in the second Syllogisme following thus All things soundly prooued by the King all English Academicks approoue That the Pope is Antichrist was soundly proued by the King therefore all English Academicks allow as orthodoxall the Pope to be Antichrist To this hee answereth thus The conclusion is false and the forme good therefore the maior or minor is false It skilleth not whether so that one of them be false What is this else but to his vtter shame to display his intolerable ignorance to the world and to expose it as ludibrious to the meanest Academick Sophisters who should be well lashr or iustly exploded if they would aunswere right formed syllogismes by denying the conclusions But how doth this Iesuit proue this later conclusion to be false Because Gabriell Powell belieueth this doctrine viz. that the Pope is Antichrist which the King hath soundly prooued to be orthodoxall Wherein behold the strange blockishnes of this Iesuit who should haue instauced in one Academick denying that which the King had soundly proued viz. the Pope to be Antichrist but hee brings in Maister Powell allowing with all his 〈◊〉 what the King therein had soundly proued Moreouer if the King did not prooue soundlie the Pope to be Antichrist then the Iesuit takes away the suppositum and so she weth himselfe to be a frivolous Disputer If the King did solidly proue the Pope to be Antichrist why should not Maister Powell belieue it as orthodoxall The Iesuit saith The King doth not hold it as certaine Reply first that is nor ad idem it is no aunswere to the Syllogisme many part thereof Secondly though his Maiestie doth not hold those arguments so certain which 〈◊〉 from that mysticall booke of the Reuelation 〈◊〉 his Maiestie solidly evinceth the same from other places of holy Writ the meaning whereof is more certaine cleare and euident Thirdly Saint Paul teacheth the Iesuit that the spirits of the Prophets are subiect to the Prophers That the Lord reuealeth some things to one which he doth not to another To conclude this straine the Iesuits maior proposition of this later syllogisme doth manifest the great store of ignorance in him arguing a general of all English Academicks from the individuall Dr. Tooker BECAN Exam. Pag. 184 THe second argument Tooker asserteth the King of England to haue the primacie of the Church Therefore he confesseth that he may depose Bishops The consequence is not good with you for some of you asserting the Primacy dony the power of deposing Bishops Yoâ— take that ai granted vvhich should be prooned What is this but to begge that vvhich is questioned Dr. HARRIS Reply HEere also the ignorance of this Iesuit sillily mistaketh the meaning of the English Concord in this point Becan out of Doctor Tooker asserting the King to be a foster-child and disciple of the Bishops doth conclude that therefore Doctor Tooker denied the Kings power to rule or depose Bishops The English Concord to proue the weakenes of that consequence shewed out of Doctor Tooker that thogh Kings were not Bishops but subiect vnto them in regand of their Episcopall duties as in hearing the word preached by them in receiuing of the Sacraments administred by them yet in respect of supreame Ecclesiasticall government they were rulers ouer Bishope and might depose them As King Edward the sine did who though he disclaimed Episcopall function yet he claimed and vsed the primacy But let the argument runne from the primacie of Kings to conclude their power to depose Bishops I say it holdeth good considering that all Papists make the power of deposing Bishops a part of the primacie And that not one English Protestant Writer ascribing the primacie to the King denieth him the power to depose Bishops Heere is then no begging of that in question but a solid putting that out of question which is contrauersed and soundly concluding the power of Kings to depose Bishops BECAN Exam. Pag. 185 YOur
exteriour Court and the second that the King hath not all Iurisdiction of the exteriour Court 6. The third Aâ—gument is That whosoeuer is subiect to another in Ecclesiasticall inrisdiction of the exteriour Court hath not supreme most ample and full lurisdiction Ecclesiasticall of the exteriour Court But the King is subiect to some other body in Ecclesiasticall Iurisdiction of the exteriour Court to wit to the Bishop because he may by him be excommunicated by sentence and cast out of the Church as Maister Burhill doth confesse Ergo hee hath not supreme most ample and most full Iurisdiction Ecclesiasticall in the exteriour Court c. Or if your will contrariwise thus Hee that is subiect to no other in Ecclesiasticall Iurisdiction cannot by any man be excommunicated by sentence But the King now if he haue supreme Ecclesiasticall Iurisdiction is subiect to no other in Iurisdiction Ecclesiasticall Ergo he cannot by any other be excommunicated c. I doube not but you marke well that these things doe not agree English Concord Pag. 68 IN good sooth by this precedent chapter I obserue my Aduerlary a bad Disputer by the good leaue of his fellow Iesuits For manifesting hereof let vs first handle the question You enquire whether the King may excommunicate his subiects The worthy Bishop of Ely pag. 151. Doctor Tooker pag. 15. Maister Thomson pag. 83. 84. affirme of all our Writers in these words Omnes fatemur regem excommunicandipotestatem nullam habere Wee all confesse that the King cannot excommunicate I pray tell me in so full a concord is heere any difference Surely no English Iarre except a fained Becanicall Iarre for the Iesuite followeth not the question Whether the King can excommunicate but whether the King may be excommunicated and so proceedeth as you see to discourse of the offices of supremacy that is to say Whether this be not numbred among the residue That a Primate may be excommunicated of his subiects But here like an idle Sophister he fighteth without the lists and first it is worth our labour to marke his admirable skill in Logick wherby he goeth about out of our most vniforme consent to wrest an English discord This is therefore his first reason The King cannot execute all the inferiour actions of Ecclesiasticall iurisdiction that is to say He cannot excommunicate therefore he hath no supreame Ecclesiasticall iurisdiction I am ashamed of such childish Iesuiticall fancies Is the Iesuit become ignorant or forgetfull of the question Is not our controuersie about one supreame Gouernour of the Church in all matters Ecclesiastical and aboue all Ecclesiasticall persons Yes wee reason about the office of that one onely supreme Gouernor as supreme Gouernour according to Saint Augustine ad Bonifac Epist 50. Inhoc ergo seruiunt domino reges in quantum sunt reges cum eafaciunt ad seruiendum illi quae non possunt facere nisi reges In this Kings serue the Lord respecting onely their kingly office that is vvhen they doe those things to serue him which they cannot doe except they vvere Kings Now sir if excommunication belong onely to the primate or supreame Gouernour for in our question they are both one then it should follow that all Bishops and euery meane Archdeacon for both these haue power to excommunicate are also supreme Gouernours of the Church and so there must needs bee by this Iesuits Logick as many onely supreme Gouernours as there bee Bishoppes and Archdeacons Is any thing more absurd See you not in what a brake the Iesuit is caught But for the power of excommunication vnderstand thus much The King of himselfe can excommunicate no man yet notwithstanding by the consent of all the estates assembled in the Parliament he can make Ecclesiasticall lawes by force and vertue wherof this or that obstinate subiect ought to be excommunicated And besides it is in the Kings absolute power to commaund any Bishoppe within his dominion to absolue any man whom by appeale hee shall finde to be vniustly excommunicated Secondly the Iesuit reasoneth thus The King giueth to other power to excommunicate therefore he he himselfe may excommunicate The Iesuit might haue learned out of Bernard whò they take for a brother of their owne the vanitie and weakenesse of this argument who though his doctrine heerein be not orthodoxall yet to infringe this consequent doth very accuratly distinguish thus writing to Eugenius Conuerie gladium tuum in vaginam Tuus ergo et ipse two forsitan nuiu etsi non tua manu cuaginandus c. Put vp thy sword into thy sheath saith Christ to Peter Then saith Bernard to the Pope Yea that sword is thine yet not to be drawn by thy hand but at thy direction Both swords are the Churches that is to say the spirituall sword and the materiall sword but the materiall sword is drawn for the Church the spirituall sword by the Church one of them by the hand of a Priest the other by the hand of a Souldier but yet at the pleasure of a Priest and the commaund of the Emperour Thirdly hee argueth on this manner The King is subiect to the Bishop excommunicating the King as vvas Theodosius to Ambrose therefore hee is not the onelie supreme Gouernour in his dominion ouer all persons and causes Ecclesiasticall I aunswere that if this be a strong argument then shall not the Pope be Primate of the Church for the Pope is subiect to a Priest in his act of Confession So writeth Panormitan Papatenetur confiteri Extra de poenit etremiss et in illo actu Sacerdos est maior illo Sacerdos potest illum ligare et absoluere The Pope himselfe is bound to confesse to a Priest and in that action the Priest is greater then the Pope for he hath power tobinde and loose him It also appeareth by a Councellat Constance See the Councels of Coustance and Basil and another at Basil that many Popes haue beene subiect to Bishops and by them conuented iudged excommunicated and deposed from their Papacie according to that of your Canon law Cum again de fide Dist 19. Anastasius in glossa tum Synodus maior est quam Papa When a controuersie is concerning faith then a Councell is aboue the Pope Therefore the Iesuit deceiueth by Elench a dicto secundum quid ad dictum simpliciter Wee teach that our Kings are not Primats but priuate men in respect of Sacerdotall functions and by that meanes not onelie are â—â—feriour to Bishops but also to euery other Minister According to that vvorthy saying of Valentinian the Emperour Egosemin sonil Plebis EtenÌ„ collocato in Pontisicale solio cui nos quoque maderatores imperij nostracapita submittamusâ—â— also an Emperor Sozome lib. 6. â—â— 7 The doâ—eâ— lib. 4. cap. 5. am like one of the common people Place such a man in the Bishops throne to whom we that are managers of the Empire may submitour necks The Popes excommunications of any the meanest subiects of