manifest which is most woorthy the obseruation that decrees of the Church cannot be certaine and firme which are not grounded vpon certaine and firme principles and foundations Wherefore if but one of those things whereon the iudgement of the Church dependeth be vncertaine the decree of the Church cannot be certaine whether the question bee speculatiue or practicall For the Conclusion according to the maxime of the Logicians followeth the weaker part and if one of the principles or premisses bee weake it is necessarie that the conclusion in regard of that part bee weakened Wherby it is easily vnderstood that the iudgements of the Church which proceede from the vncertaine testimonies of men are weake to make a certaine and vndoubted beliefe of which sort is that whereby she iudgeth any one to be numbred in the Catalogue of Saints yet it is not lawfull to call in question such decrees without punishment but it is temerarious and irreligious not to giue credit to the Church in the canonizing of Saints which because he that doth doeth rashly and inconsiderately hee shall indeede deseruedly bee punished by the Church Thus Canus Canus l. 12. c. 1. 13 Lastly hee excuseth from heresie those who should affirme that the B. Virgin is not corporally assumpted into heauen which although saith hee it bee not contrary to faith yet because it is repugnant to the common consent of the Church it would bee taxed of malapert temeritie And albeit Fa. Suarez also doth affirme Suarez tom 2. disp 21. sec 2. that now it is so receiued an opinion that it cannot be called in question by any pious and Catholike man yet hee acknowledgeth that it is not of faith because it is neither defined by the Church neither is there any testimonie of Scripture or sufficient tradition Sot in 4. dist 43 q. 2. ar 1. Caiet tom 2. opu trac 2. de Concept cap. 1. which may cause infallible faith But Sotus saith only that it ought to bee beleeued most piously but yet it is not put among the articles of faith necessarily to bee beleeued And Caietane affirmeth that it is not to bee beleeued of necessitie but probably and piously For there is two manner of wayes saith hee whereby a thing may bee decreed to bee beleeued For some things are decreed to bee beleeued in such sort that hee who thinkes the contrarie is an heretike but some things as probably to bee beleeued as the common pietie of the Church doth probably beleeue concerning the corporall Assumption of the B. Virgin and her Sanctification in her mothers wombe Abul in cap. 22. Matth. q. 230. and other such like Abulensis also saith that it is not necessarie to holde this because it is not among the articles of faith neither also is there any thing defined by the Church that it ought to be held therefore it is lawfull for euery man to thinke as he will And the reasons which are brought to prooue her Resurrection are certaine persuasions and do not conuince yet because it is commonly held that she is risen it is more reasonable to hold it yet if any one doe affirme the contrarie wee doe not contend And neuerthelesse the aforesaid Authours knew right well that this doctrine concerning the corporall Assumption of the B. Virgin was neuer denyed by any Catholike and was also the ground and foundation of an Ecclesiasticall decree and custome to celebrate the Feast of the B. Virgins Assumption 14 And by this the Reader may easily perceiue what things are required to make one an heretike that should deny the decrees of the Church concerning manners to bee infallible and how rashly and vnchristianly my Aduersaries doe charge mee with heresie for denying the doctrine for the Popes power to depose Princes to be a point of faith seeing that they cannot bring any one decree either of Pope or Councell whereby according to the conditions before required by Cardinal Bellarmine and Canus to the infallibilitie of decrees either touching faith or manners it can with any probable colour bee prooued that this doctrine is certaine and of faith but we must forsooth take their owne interpretations or rather wrestings of the Canons and false suppositions to bee sufficient decrees to determine matters of faith Now to Mr. Fitzherberts discourse 15 Secondly saith he c Pag. 178. nu 3. I wish Widdrington to consider that by this his distinction and the argument which hee deduceth from it hee may in like manner impugne the decree of the Apostles themselues made in their Councell at Hierusalem wherein they ordained and defined nothing else but matters of fact to wit that the Christians should abstaine from meates offered to Idols from things strangled and blood and fornication in all which the Apostles might according to this mans doctrine follow their owne priuate opinions and erre because their Decree concerned only matters of fact 16 But first this man supposeth that I impugne the Decree of the Lateran Councell which is very vntrue for I only expound and declare the sense and meaning of the Decree and disprooue the exposition which my Aduersaries make thereof Wherefore if wee may suppose that this Decree of the Apostles was concerning such a matter of fact which is not grounded vpon any doctrine of faith but only vpon opinions which are exposed to errour as I contend this Decree if wee may truely call it so of the Lateran Councell concerning the future deposition of temporall Land-lords Magistrates or Lords to be such a matter of fact then I say we may in the like proportionate manner I doe not say impugne but expound this decree of the Apostles as I haue and shall beneath expound the decree of the Lateran Councell in such sort that from thence no infallible doctrine of faith can be concluded to prooue that which some Authours from thence pretend to conclude to wit that the Church hath authoritie to make new lawes which shall haue force to bind in conscience 17 As for example supposing onely for Disputation sake but not affirming that the Church hath not authoritie to make new lawes and precepts which shall haue force to bind in conscience which doctrine some Authours attribute to Gerson but onely to declare the lawes and precepts of GOD and Nature and also to determine those lawes and praecepts which GOD and Nature haue left vndetermined either concerning the time place or manner as for example wee are commanded by the law of GOD and Nature to honour GOD and his Saints to fast to receiue the Eucharist to confesse our sinnes c. yet the time place and manner are not determined but left to the determination of the Church and so the Church appointeth Holy-dayes fasting-dayes the time of Easter to receiue and confesse our sinnes and such like which being supposed for probable but not granted wee may I doe not say impugne but probably expound that decree of the Apostles as some ancient Fathers doe expound it so that
commandement concerning all subiects not to obey their temporall Prince being deposed by the Pope or to rebell and plot conspiracies against him But if by commanding he vnderstand particular decrees and commandements propounded to particular persons Bishops Churches or Kingdomes against any particular Emperours Kings or temporall Princes then I say that according to the doctrine of Cardinall Bellarmine and Canus the Church and much more the Pope may erre and of this sort are the depositions iudiciall sentences and commandements of Pope Gregory the seauenth in a Councell held at Rome against Henrie the fourth Emperor of Pope Innocent the fourth in the presence of the Councell of Lyons against Frederike the second Emperour and all other particular depositions of whatsoeuer Emperours Kings or temporall Princes and in these commandements the Popes were euer resisted and contradicted both by Princes themselues and also by learned and vertuous Catholike subiects as it appeareth euidently not onely by the first depositions of Emperours and Princes but also by the two last of our late Queene Elizabeth and the last King of Fraunce who were obeyed in ciuill matters by their Catholike subiects acknowledged by them to be their true and rightfull Soueraignes notwithstanding the Popes particular declaration sentence and commandement to the contrary as I haue shewed at large concerning our late Queene in the first part and of the King of Fraunce the late troubles and ciuill warres in Fraunce which are yet both fresh in most mens memories and recorded also by Histories are sufficient testimonies 22 Thus thou seest good Reader that neither by this third example of Popes dispensations in vowes whereon not onely my third Instance but also the two former were grounded all which Mr. Fitzherbert hath fraudulently concealed did I impugne the Decree of the Lateran Councell as the silly man to make some shew of confuting them as absurd improbable impertinent fond and ridiculous doth most vntruely affirme neither did I in any one of my examples or Instances make any mention at all of the said Decree seeing that I had before sufficiently answered to this Decree not by impugning but onely by expounding it and by clearely conuincing that according to the probable doctrine of very many learned Catholikes who are of opinion that the Church cannot by her spirituall power inflict temporall punishments it must according to Mr. Fitzherberts owne principles who acknowledgeth that all lawes and decrees whatsoeuer are to be restrained and limited according to the power of the Law-Maker c. be vnderstood of the deposing not of temporall Princes who are not subiect to the authoritie of the Church forasmuch as concerneth meere temporall matters as is the inflicting of temporall punishments for what cause crime or end whatsoeuer they bee inflicted but onely of inferiour Magistrates Land-Lords or Lords by the consent and authority of absolute Princes but that which I intended by my three examples and instances was to shew the weakenesse and insufficiency of Fa. Lessius his three arguments as I haue sufficiently declared before 23 But if I should presse M. Fitzherbert a little further and grant him for Disputation sake which he is not able to prooue to wit that the decree or rather Act of the Lateran Councell is to bee vnderstood of the deposition of temporall Princes yet the silly man would haue much adoe to prooue as also I haue signified before that according to the doctrine of Cardinall Bellarmine and Canus Cap. 13. nu 7. seq which I haue related aboue it is such a Decree that from thence it can be sufficiently gathered that the doctrine for the Popes power to depose Princes is an vndoubted point of faith seeing that according to their grounds onely those Decrees and precepts touching faith or manners are infallible and of faith which are generall and vniuersall and belong to the whole Church and all the faithfull and consequently as well Clearkes as Lay-men For onely in this case saith Canus the Councels Canus l. 5. de locis c. 5. q. 4. or Fathers are to be vnderstood to pronounce of faith when the sentence or Decree belongeth to all Christians when it bindeth all Therefore the doctrine of Popes and Councells saith hee if it bee propounded to the whole Church if it bee also propounded with an obligation to be beleeued then doth their sentence or Decree concerne a point of faith And concerning Decrees and precepts of manners Canus teacheth the same When the Church saith he in a matter of weight and which is very profitable for the reforming of Christian manners doth make lawes to all the people she cannot command any thing which is contrary to the Gospell or naturall reason but in manners not common to the whole Church but which are referred to priuate men or Churches she may erre through ignorance not only in her iudgement of things done but also in her priuate precepts and lawes Bellar. l. 4. de Rom. Pont. cap. 3. 5. And Cardinall Bellarmine also affirmeth that those Decrees or precepts concerning faith or manners wherein the Pope in whom he putteth all the infallibilitie of the Church cannot erre must bee generall and be propounded and belong to all the faithfull 24 Now this Act of the Lateran Councell forasmuch as it concerneth the absoluing of Vassals from their fealtie besides that it is not properly a Decree according to my Aduersaries grounds as I signified before containing in it any precept or obligation vnlesse they will grant the Councell to be aboue the Pope nor also propounded as of faith according to the rules of Cardinal Bellarmine and Canus before related and therefore it cannot according to their doctrine appertaine to faith it is not also a generall Decree and which appertaineth to the whole Church and all the faithfull for it doth not concerne Cleargie men who according to my Aduersaries false scandalous and seditious doctrine are not subiect to temporall Princes nor doe owe to them any temporall allegiance but onely the temporall Vassals of temporall Lords and those not all but of such a Lord onely who for a yeere remaineth excommunicated for neglecting to purge his territories of heresie For those words of the Councell vt ex tunc ipse c. that from that time the Pope may denounce his Vassals absolued from their fealtie can onely bind either the Pope to make that denunciation or that temporall Lord not to exact of his Vassals temporall fealtie or the Vassalls not to giue to that temporall Lord temporall fealty and so it cannot binde Cleargy men who doe not owe any temporall fidelity or obedience to temporal Lords according to my Aduersaries false doctrine nor also all Vassals but onely those of that temporall Lord wherevpon the decree is not generall and belonging to all the faithfull which neuerthelesse is necessary that any decree or precept concerning faith or manners doe appertaine to faith 25 And if perchance my Aduersary will say that it bindeth all
Lateran Councell that the doctrine of the Popes power to depose Princes is a point of faith the more he bewraieth his owne ignorance and the weakenesse of his cause and the vncertaintie of his new broached Catholike faith 11 And truely it cannot be denied saith Mr. Fitzherbert c Pag. 200. nu 3. but that great difference is to be made as Widdrington saith well out of Cardinall Bellarmine betwixt the certaintie of the Decrees of Councells and of the reasons which are alledged therein it being euident that all reasons are not of like weight certaintie or probability neuerthelesse it were absurd to say that the fundamentall reason or doctrine which is necessarily included and supposed in any decree of an Oecumenicall Councell can be false for so also the decree it selfe should be false and the errour of both iustly ascribed to the holy Ghost as Authour thereof 12 But heere my Aduersary shooteth his bolt farre beyond the marke for as not all Decrees of Oecumenicall Councells are certaine infallible and of faith but onely those which are made by true Ecclesiasticall authority and are propounded as of faith and which are generall to the whole Church and doe binde all the faithfull so neyther must the fundamentall reason or doctrine which is necessarily included in euery decree of an Oecumenial Councell be of necessity certain infallible and of faith but it may be false and exposed to error as the decree it selfe whereof it is a fundamentall reason 13 And this I say of decrees saith Mr. Fitzherbert d Pag. 194. num 4. 5. that concerne not onely matters of beliefe but also manners or matters of fact such as was the decree of the Apostles at Hierusalem wherein they doubted not to say Visum est Spiritui Sancto nobis Acts 15. It hath seemed good to the holy Ghost and vs ascribing to the holy Ghosts assistance their determination not onely of the decree it selfe but also of the foundation whereupon it was grounded I meane the equalitie iustice and conueniencie of it For it cannot bee denied but that the holy Ghost assisted and guided them first to determine what was lawfull and conuenient to be decreed and executed and then after to ordaine and decree it the one so depending on the other that if they had failed in the former they would not haue iustly decreed the latter that is to say if it had not beene lawfull and conuenient for Christians at that time to abstaine from strangled meates and bloud the Apostles could not haue lawfully ordained and decreed it and therefore the Decree being iust and ascribed to the assistance of the holy Ghost the foundation or ground and all the necessary consequents thereof must needs be granted to be lawfull and iust and to flow from one fountaine that is to say from the holy Ghosts inspiration and assistance 14 But first as concerning matters of beliefe I grant with Canus that it is certaine and of faith that the Church cannot erre when shee propoundeth a doctrine of faith with an obligation to binde all the faithfull to beleeue the same and likewise in Decrees concerning such manners and matters of fact as are necessary to saluation I grant also with the same Canus that it is certaine that shee cannot erre in making such Decrees for that consequently it would follow as Canus well deduceth that she may also erre in doctrine of faith and so the Church cannot command any thing to all the faithfull which is repugnant to the Gospel or to the law of nature But whether it be likewise certaine and of faith that the Church cannot erre in Decrees concerning manners and matters of fact which are not necessary to saluation I will not now dispute for not giuing occasion to my Aduersaries to flye from the principall question touching the Decrees or Act of the Lateran Councell it being sufficient at this time that the iudicious Reader by that which I haue before related out of the doctrine of Canus may haue some light how to iudge of this question For hee granteth that it is not hereticall to affirme that the Charch may erre in the canonizing of Saints for that her iudgement heerein dependeth vpon an vncertaine ground to wit vpon the relation information and iudgement of other men which is vncertaine and fallible and consequently according to his grounds she may erre in all such Decrees which depend vpon vncertaine and fallible grounds and foundations And the leardnest Diuines of his owne Societie as Salmeron Suarez and Vasquez who according to the Censure of this my rash and ignorant Aduersarie are very absurd and impertinent therein doe constantly hold that the fundamental reason of the Churches Decree concerning the celebration of the Feast of the B. Virgins Conception is not certaine and a point of faith but controuersed by learned Catholikes without any offence to wit that shee was sanctified in the first instant of her Conception and that to honour this her pure holy and immaculate Conception the said Feast was instituted 15 Secondly it is not certaine that the Church now hath the same infallibility in making Decrees concerning such manners and matters of fact as are not necessary to saluation which the Apostles had in making such Decrees for that the iudgement of the Apostles being extraordinarily illuminated and assisted by the holy Ghost did not onely depend vpon the relation information and iudgement of men but also vpon the speciall and extraordinary assistance of the holy Ghost and therefore from that Decree of the Apostles concerning the not eating of blood and strangled meates who were peculiarly and extraordinarily assisted and replenished with the holy Ghost and therefore might well say Visum est spiritui nobis Acts 2. It hath seemed good to the holy Ghost and vs no sufficient argument can bee brought to prooue that therefore it is a point of faith that the Church now cannot likewise erre in making such Decrees 16 Thirdly Mr. Fitzherbert must also distinguish betwixt the lawfulnesse of an Ecclesiasticall decree concerning manners and matters of fact and the certainty or infallibilitie thereof for that many Decrees may bee lawfull and consequently ought to bee obeyed vntill the vnlawfulnesse or iniustice thereof be manifest and yet not infallible as it is euident in the ciuill lawes of temporall Princes and Common-wealths whose lawes are lawfull and ought to be obeyed by their subiects so long as the vnlawfulnesse or iniustice of them is not apparant and yet they are not therefore infallible And so a Decree of the Church after due examination approouing the finall sanctitie of such or such a man deceased and vpon that ground commanding all the faithfull to celebrate his Feast is lawfull and ought to bee obeyed vntill it be manifest that she was deceiued and misinformed by false relation and yet it is not therefore infallible and a point of faith that he is truely a Saint and died in true sanctitie and holinesse of
held with Catholike faith was truely a generall Councell therefore vnto this day it remaineth a question euen among Catholikes And all the world seeth that the Diuines of Paris are admitted to Sacraments which ought not to bee tolerated if they committed any heresie errour or temerity for defending this doctrine as publike harlots are in some sort permitted at Rome but not suffered to receiue Sacraments so long as they persist in that wicked life 81 And from hence it euidently followeth first that it is not certaine and infallible that the Pope with his Cardinalls and Diuines yea and with the particular Romane Church defining determining or propounding to the whole Church any thing to be beleeued formally as of faith without a generall Councell cannot erre and be deceiued and consequently such definitions cannot be certaine and infallible nor can be an assured ground of Catholike faith nor a sufficient reason motiue medium or cause to beleeue any thing by him so defined with Catholike faith for that the fundamentall reason medium cause and motiue to beleeue any thing with Catholike faith must be certaine and infallible as I shewed before out of Bannes from whom other Diuines doe not dissent herein and if that reason be vncertaine doubtfull or fallible the faith or beliefe which is grounded and dependeth thereon cannot be truely Catholike and infallible 82 Secondly if the Popes decrees and definitions in things to be beleeued as of faith albeit directed to the whole Church and in things which doe not concerne his owne particular interest honour authority or prerogatiue and wherein therefore there can be no suspicion that he himselfe is led by affection or his Counsellers and Diuines by flattery to the making of such Decrees are not certaine and infallible but may be false and exposed to errour and consequently can be no sure ground of Catholike faith what iudgement can any sensible man make of such decrees or definitions which are neither directed to the whole Church but to particular persons or Churches nor are propounded as of faith nor grounded vpon any doctrine which is certaine and out of controuersie but onely vpon a question maintained on both sides by learned Catholikes and which also concerneth the Popes owne interest authority and prerogatiue as are his Breues directed to English Catholikes which are neither propounded to the whole Church nor containe any definition as of faith but onely a declaratiue precept which is grounded vpon a controuersie which began in Pope Gregory the seuenth his time and hath since continued betwixt the Bishops of Rome and Christian Princes concerning the authority which Popes pretend to haue ouer all their temporalls 83 Thirdly if the Popes Decrees together with the Romane Church by which he declareth and defineth any doctrine to be of faith or against faith may be fallible and exposed to errour and consequently can be no certaine rule or ground of Catholike faith nor any sufficient reason cause or motiue to beleeue any thing with Catholike faith so long as this controuersie among Catholikes concerning the Popes infallibility in his definitions remaineth vndecided much lesse can a Decree of any Congregation of Cardinalls declaring any doctrine to be of faith or condemning any doctrine as hereticall erroneous temerarious or scandalous be an assured ground of Catholike faith or a sufficient reason for any man to beleeue with Catholike faith that doctrine to be such as their Decrees doe declare or condâ—mne Which being so what iudgement I pray you can any reasonable man make of such their Decrees which condemne no doctrine at all either in generall or particular but onely forbid certaine bookes to be read or kept without declaring for what cause or crime either in particular or in generall they are forbidden and such bookes also as are written against one of the chiefest of their Congregation of which sort is that Decree of the Cardinalls wherein two bookes of mine written chiefly against Cardinall Bellarmine are forbidden without expressing any cause or crime at all either in particular or generall why they are forbidden 84 Fourthly by all this it is euident what infinite wrong this my ignorant Aduersary whether onely through blinde and inconsiderate zeale or also through some passionate splene taken against me for contradicting his writings and some others of his Societie I leaue to God his own conscience to iudge hath both done to me in so falsly and yet vpon such childish grounds accusing me to be no Catholike but an hereticke disguised and masked vnder the vizard of a Catholike for not admitting the Popes Breues and declaratiue precept grounded at the most vpon an opinion which learned Catholikes haue euer impugned and taxing my doctrine of heresie for that my bookes are forbidden by the Cardinalls of the Inquisition without condemning any position contained in them of any crime either in particular or generall and also into what eminent danger he both casteth himselfe headlong and seeketh also to draw after him vnlearned Catholikes if they will follow such a blinde guide in waies which he himselfe for want of Scholasticall learning hath neuer gone by endeauouring to ouerthrow their Catholike faith and to perswade them to build it vpon fallible grounds as vpon Popes Breues which neither are directed to the whole Church nor doe containe any definition or declaration of any particular doctrine and vpon the Decrees of certaine Cardinalls condemning bookes onely in generall tearmes which perchance some of them neuer read nor for want of sufficient learning doe well vnderstand but doe relie either vpon the relation or iudgement of other men to whom the charge of ouerseeing such bookes is committed by them whereas the grounds of true Catholike faith and the fundamentall reason why a man ought to beleeue any thing with Catholike faith must be certaine infallible and without all controuersie And thus you see in what a labyrinth this silly man hath wound himselfe who seeking to perswade his Reader that I am no true Catholike but a disguised and masked hereticke vnder the name of a Catholike for not building my Catholike faith vpon vncertaine and fallible grounds and which are controuersed among learned Catholikes plainly bewraieth what a sound Catholike he himselfe is and vpon what sure grounds he buildeth his Catholike faith and would haue other Catholikes to build the same whereas according to the approoued doctrine of all learned Catholikes vnlesse it be built vpon certaine vndoubted and infallible grounds it cannot be a true Catholike faith but onely an vncertaine and fallible opinion masked vnder the vizard of Catholike faith 85 Lastly that vnlearned Catholikes may walke warily securely and without danger and bee not misled blindfold by this my ignorant Aduersary they must carefully obserue the difference betwixt the Church firmely beleeuing and probably thinking or which is all one betwixt Catholike faith and opinion The first difference is that the grounds of Catholike faith must bee certaine and infallible but the grounds of
also in readinesse that is in manifest and speedy effect to reuenge all disobedience that is to punish the offences of them who would not obey vs that they might correct themselues Which we will doe when your obedience shall be fulfilled that is when all the rest of you shall by loue be obedient in all things Thus S. Anselme Now what learned man will thus conclude that because S. Paul and the Apostles had a most ample extraordinarie and miraculous authoritie power might and effectuall meanes to conuert men to the faith of Christ and to reuenge or punish all that were disobedient with temporall punishments euen by death as S. Peter did Ananias and Saphyra or by depriuing them of their sight as S. Paul did Elimas the Magician or by deliuering them to Sathan to be visibly tormented by him as S. Paul did the incestuous Corinthian that therefore the ordinarie Pastours of the Church haue now either an extraordinarie or ordinary authoritie power might and effectuall meanes to doe the like 35 I omit that S. Ambrose or whosoeuer is the Authour of those Commentaries expoūdeth those words to reuenge all disobedience when your obedience shall be fulfilled of the Corinthians themselues who being perfectly conuerted shall punish in themselues their former disobedience It is manifest saith S. Ambrose that he reuengeth disobedience when he condemneth it by obedience then destroying it when he bringeth to the faith those who doe resist or disobey that infidelitie may be condemned by them by whom it was defended The same also doth S. Anselme insinuate as you haue seene aboue 36 But S. Augustine saith Mr. Fitzherbert vnderstandeth those words of the Apostle hauing in a readinesse to reuenge all disobedience of the authoritie left by our Sauiour to his Church to compell her rebellious and disobedient children to performe their duties True it is that S. Augustine applyeth those words of the Apostle to the authoritie of the Church to compell heretikes by temporall punishments to returne to the faith of Christ taking the Church as it containeth all the faithfull and consisteth both of temporall and spirituall power but it is not true that he vnderstandeth them of the authoritie of the Church as the Church is taken for Church-men or the spiritual Pastours of the Church Wherefore Mr. Fitzherbert doth herein egregiously abuse his Reader For S. Augustines maine drift both in that 50. epistle in the former 48. epistle is only to proue against the Donatists that heretiks may lawfully be compelled with temporall punishments by the lawes of Christian Emperours to returne to the Catholike faith and that the Pastours of the Church did well in requesting Christian Emperours to make such lawes Wherefore the argument of the 48. epistle to Vincentius is that S. Austin was once of opinion that we must not deale with heretikes by violence but only with the word of God but afterwards being ouercome with the doctrine and example of others he changed his opinion and taught that it is lawfull to implore the lawes of Princes against the enemies of the faith so that it be done with an intention to correct and not with a desire to reuenge And the argument of this 50. Epistle is that S. Augustine sheweth with what moderation heritickes may through feare of Emperiall lawes be reduced to the communion of the Church And in his second booke of Retractations Cap. 48. mentioning this Epistle to Bonifacius he writeth thus At the same time I wrote also a booke meaning this 50. Epistle concerning the correction of the Donatists by reason of those who would not haue them to be corrected by the Emperiall lawes This booke beginneth thus Laudo gratulor admiror fili dilectissime Bonifaci 37 Iudge now good Reader what a shamefull fraud is this of Mr. Fitzherbert to make ignorant Catholikes beleeue that S. Augustine bringeth those words of the Apostle to prooue the authority left by our Sauiour to his Church that is to Churchmen or to the spirituall Pastours of the Church for so hee vnderstandeth the word Church in all this his Discourse to compell her rebellious disobedient children by force of temporall punishments to performe their duties whereas S. Augustines intent onely is to prooue the lawfulnesse of the Emperiall lawes compelling heretickes by temporall punishments to returne backe to the faith and that Church-men or the spirituall Pastours of the Church may lawfully implore the Emperiall lawes and desire Christian Princes to compell heretickes to forsake their heresie by force of temporall punishments so that they desire it with intent to correct them and not with a desire of reuenge 38 But if the Ecclesiasticall authority saith Mr. Fitzherbert y Pag. 90. did not extend it selfe to the chastisement of disobediēt Princes in their temporal states it must needs follow that Christ had not sufficiently prouided for the gouernment of his Church yea much worse then temporall Kings are went to prouide for the administration of the Prouinces or states subiect to them who when they appoint lieutenants or deputies any where do giue them authority ouer all sorts of subiects so much power as may suffice for the remedy of all inconueniences and specially of the greatest which may occurre in the States where they gouerne c. But this consequence I haue euer denied For as I haue often said to the good gouernment of the Church of Christ which is a spirituall not a temporall kingdome or common-wealth it is onely required that the Pastours or Gouernours thereof haue authoritie to inflict spirituall and not temporall punishments and this authoritie forasmuch as concerneth the authoritie and punishments themselues is sufficient to redresse all inconueniences neither is it necessarie either in a spirituall or a temporall kingdome that the chiefe Gouernours thereof should haue that power might or effectuall meanes whereby all inconueniences must actually at all times be redressed 39 And therefore as temporall Kings doe giue to their Lieutetenants Deputies or Vice-Royes sufficient temporall authoritie ouer all sorts of subiects in the Prouinces or States where they gouerne but not alwayes so much power taking power not for authoritie or iurisdiction but for might force or effectuall meanes as may suffice for the remedie of all inconueniences for this power the Kings themselues doe often times want in those Dominions where they themselues doe personally gouerne so Christ our Sauiour ordaining in his Church a spirituall and not a temporall Gouernment gaue to the spirituall Gouernours thereof sufficient spirituall authoritie and iurisdiction to redresse all kind of inconueniences in all sorts of subiects as well the highest as the lowest but not sufficient power might or effectuall meanes actually to redresse the same And as the Lieutenants Deputies or Vice-Royes of temporall Kings if they offend cannot be punished with temporall punishments by any subiect in the States where they gouerne but by the King alone to whom onely they are subiect in temporalls So
the authoritie of the Church resident either in her head the Pope or in her body a Councell to publish this declaration And not onely all the other parts of the Catholike Church but likewise all the Doctours who liued in Farance from the first setting vp of Schooles of Diuinitie amongst them haue held the affirmatiue opinion that in the case of hereticall or infidell Princes and such as persecute Christianitie or Catholike Religion their subiects may bee absolued from their Oath of Allegiance By meanes whereof though the contrarie doctrine were the truest yet notwithstanding all the other parts of the Church being against it you cannot hold it for more them problematicall in matter of faith I call that doctrine problematicall in matter of faith which we are not bound to beleeue by necessity of faith and the contradictorie thereof doth not binde them that belieue it with Excommunication and disunion or separation from the communitie Otherwise you must acknowledge that the communion which you exercise with the other parts of the Church holding the contrary doctrine yea euen that communion which you conserue with the memorie of your predecessours was vnlawfull defiled with heresie and excommunication 17 Thus you see that the Cardinall of Peron doth altogether auoide the maine question which is betwixt my Aduersaries and mee to wit concerning the Popes power to depriue a Prince of his Regall authority wherewith before his sentence of depriuation he was endued and ioyneth two questions together which nothing belong to our new Oath The first is whether if a Prince who either by himselfe or by his Predecessours hath made an oath to liue and die in the Christian Catholike Religion and afterwards becommeth an hereticke or infidell and laboureth to draw his subiects to the same may not bee declared fallen from his right as culpable of felony towards Christ to whom he hath made his Oath and his subiects may not bee declared absolued from their oath of allegiance The second question is whether the Pope or Church haue not authority to publish this declaration Now neither of these two questions appertaine to our new Oath nor are as yet called in question by mee For as concerning the later supposing that a Prince by reason of heresie or Apostacy either is actually depriued and fallen from his right to raigne which the Cardinall of Peron following therein Philopater seemeth heere to maintaine or else may for the same be depriued thereof by the Common-wealth no Catholike will make any doubt but that this being supposed the Pope or Church may declare him an hereticke or Apostata and consequently to be fallen thereby from his Royall dignity according to Philopaters doctrine or to bee depriued thereof by the Common-wealth as others contend and to declare that his subiects are either actually discharged or to be discharged of the naturall and ciuill bond of their temporall allegiance and consequently of their Oath or sacred bond which was made to confirme the same For no Catholike can make any doubt that to declare the law of God and who is an hereticke or infidell is a spirituall action and belongeth to the spirituall authority of the Church 18 But with the former question forasmuch as it may concerne what authority the Common-wealth hath to depriue hir Soueraigne Prince of his Royall right in case that he should forsake the Catholike faith which he hath once professed although as I haue often said I wil not intermeddle for not giuing my Aduersaries occasion to decline the principall question concerning the Popes authority to depriue hereticall Kings of their Regall power which they had before his sentence of depriuation neuerthelesse this scandalous and desperate position of Philopater against which I was somewhat vehement in my Apologie and yet is quite passed ouer with silence by D. Schulckenius which may bee some coniecture that hee also fauoureth that doctrine to wit that a Prince who maketh open profession of Arianisme or Mahometisme or any such like infidelitie and goeth about to plant the same within his dominions doth fall thereby ipso facto from his Regall authority and right to raigne albeit either himselfe or his predecessours haue made an oath to liue and die in the Catholike faith I account to be a very false damnable and seditious doctrine tending to the perturbation and subuersion of all temporall States wherein there is not a perfect vnitie of Religion giuing occasion to hereticall and infidell Princes not to become Catholikes fauouring that damnable doctrine which teacheth that among heretickes and infidells there is no true ciuill dominion authoritie or Iurisdiction and what Romane Catholike soeuer hee bee that maintaineth and teacheth the same in this kingdome I account him to speake plainly a manifest Arch-traitour for that hee must consequently maintaine that our Soueraigne Lord KING IAMES is not our true and rightfull King because albeit not he himselfe yet some of his predecessours haue solemnly sworne to liue and die in the Catholike Romane faith 19 For seeing that by Gods permission heresies must be according to that of Saint Paul 1. Cor. 11. Oportet haereses esse what State can be secure from continuall feares of tumults and insurrections when the subiects according to this doctrine must bee perswaded that their Prince if hee bee of a contrary Religion to that which they in their hearts professe and thinke to bee Catholike and seeke to draw them to his Religion as all Princes vsually doe is not a true and rightfull Prince but falne from his right to raigne and by their Church which they as also all heretickes thinke to be the true Catholike Church may be declared so to be With what security can any King whether he be a Catholike or no permit in his dominions any Religion contrary to his owne when his subiects of the contrary Religion must be perswaded that he is falne from his right to raigne if hee seeke to draw them as all Princes vsually do to his owne Religion With what security also can any hereticall or infidell Prince whose kingdome is wholly or for the greatest part infected with heresie or infidelity become a Catholike and seeke to draw his subiects to Catholike Religion when his subiects who are no Catholikes must according to the principles of this doctrine be perswaded that he is a rebell to God and an enemy to that Religion which they thinke to bee true and hath broken the oath which he or some of his predecessours haue made to liue and die in their faith and religion and consequently is fallen from his right as culpable of felony towardes GOD to whom hee hath made the oath of this Realme 20 Besides this assertion fauoureth that false not to say erroneous doctrine which teacheth that ciuill dominion is founded in grace or faith that in heretickes or infidells especially who seeke to draw their subiects to their heresie or infidelity as all heretickes and infidels commonly doe there is no ciuill authority
vsuall manner rem facti and rem iuris a matter of fact a matter of law or right But here saith he a Pag. 17. 8. nu 2. I must desire Widdrington first to reforme his distinction or rather Antithesis which he maketh betwixt rem facti and rem fidei a matter of fact and a matter of faith Wherein there is no such opposition as hee seemeth to imagine or would at least haue to bee conceiued for if by a matter of fact onely he meanes a matter that is not speculatiue but consisteth onely in action or practise then matters of fact and faith may so well stand together that they may be and often are one and the selfe same thing I meane that a matter of fact not onely may but ought also to be beleeued vnder paine of damnation as it is euident in diuers Articles of our faith consisting in the beliefe of things done or to be done as in all the Historie of our Sauiours Incarnation life and death already past and in his last Iudgement our Resurrection and euerlasting reward or punishment which are yet to come and being matters of fact are neuerthelesse matters of faith and therefore Widdrington may doe well as I haue said to reforme his distinction and to make it according to the vsuall manner to wit rem facti and rem iuris a matter of fact and a matter of law or right which are indeed alwayes distinct 3 But first is it possible that this man should be so blind or ignorant as not to see that a matter of faith is alwayes a matter of law for that it is commaunded to be beleeued by the law of God and so how childishly he carpeth at that distinction or Antithesis a matter of fact onely and not a matter of faith desiring me to reforme that distinction and to make it according to the vsuall manner to wit rem facti and rem iuris a matter of faith and a matter of law seeing that it is manifest to euery Schoole-boy that a matter of faith is alwayes a matter of law as being a thing commanded to be beleeued by the law of God But matters of fact and of faith saith Mr. Fitzherbert may well stand together c. And therefore a matter of fact is not opposite to a matter of faith as Widdrington seemeth to imagine or would at least haue to be conceiued 4 But in the like manner I may say that matters of fact and matters of law may well stand together as it is euident in diuers Articles of our faith concerning our Sauiours Incarnation Passion Resurrection c. which are both matters of fact and of law seeing that they are things appertaining to the law of God and therefore a matter of fact is not opposite to a matter of law and alwayes distinct as Mr. Fitzherbert following therein Fa. Lessius from whom he tooke this friuolous exception not onely seemeth to imagine but also expresly affirmeth So that these men haue neede first to reforme their owne distinction or Antithesis which they make betwixt a matter of fact and a matter of law before they vndertake to be reformers of other men But the plaine truth is that I neither said nor imagined as these men vntruly affirme that I made an opposition or Antithesis betwixt a matter of faith and a matter of fact but betwixt a matter of faith and of fact onely which word onely if they had well considered they might easily haue perceiued that it doth exclude a matter of faith and that I did not make an opposition betwixt euery matter of fact and of faith but betwixt a matter of faith and of fact onely that is of such facts whic are onely grounded vpon a probable opinion or at the most not vpon any vndoubted doctrine of faith and such matters of fact and of faith can neuer stand together 5 For whereas Cardinall Bellarmine and Fa. Lessius against whom principally I wrote that Preface wherein I answered this Decree of the Lateran Councell did so much insist vpon this Decree that as I said before they would make the world beleeue that it alone were sufficient to make their doctrine to be of faith and the contrary flat hereticall my meaning was in this third answere to shew that no such thing could be proued from this Councell as they pretended for that this Decree for as much as it concerneth the future deposition of temporall Landlords or Lords was no matter of faith but of fact onely and that the Councell did not declare determine or define that this future deposition of them was therein decreed to proceede from the spirituall authority of the Church without the consent licence or authoritie of temporall Princes which my Aduersarie must first prooue or else they will speake little to the purpose Now Mr. Fitzherbert falsly supposing as you haue seene that I make an opposition betwixt a matter of fact and a matter of faith as though a matter of fact and a matter of faith cannot stand together which euery Schoole-boy knoweth to bee false you shall see what an idle discourse he maketh throughout this whole Chapter it being grounded vpon this false supposall 6 But because Mr. Fitzher in his ensuing discourse giueth me occasion to enter into a question which not a litle concerneth our present controuersie I thinke it not amisse before I goe any further to speake something thereof to wit with what kind of certainetie we are to beleeue that the Church cannot erre in making Decrees or precepts of manners that is whether as it is hereticall to hold that the Church can erre in making matters of faith so also it is hereticall to hold that she can erre in making lawes Decrees or precepts belonging to manners And albeit my meaning is not at this time to set downe what is my owne opinion concerning this matter because I doe not intend to relie much thereon for the answering of my Aduersaries obiections and so will not giue him occasion to flie from the principall controuersie to other by-questions and of lesse importance yet for the better instruction of the vnlearned Reader who may perchance imagine that euery Popes Breue is sufficient to make a matter of faith I will briefly relate what is the opinion of learned Catholikes and namely of Melchior Canus in this point 7 First therefore concerning matters of faith or things to beleeued Melchior Canus affirmeth that a Generall Councell being confirmed by the Popes authoritie cannot erre in the defining of Catholike doctrine Canus lib. 1. de locis cap. 4. concl 3. and this conclusion he taketh to be so certaine that the contrarie he accounteth hereticall But as I obserued in an other place b In disp Theol cap 10. sec 2. nu 13. to make such definitions to be certaine infallible and without errour he requireth two conditions the one is that the doctrine must bee propounded to the whole Church and not onely to priuate
or particular Churches or Bishops and the other that it be propounded with an obligation to bee beleeued as of faith which also Cardinall Bellarmine confirmeth For in Councells Bellar. lib. 2. de Conc. cap. 42. saith he the greatest part of the Acts doe not appertaine to faith for neither are of faith the disputations that goe before nor the reasons which are added nor those things which are brought to explicate and illustrate but onely the bare decrees and those not all but those onely which are propounded as of faith And it is easie say they to know when the Councell doth propound any thing with an obligation to be beleeued as of faith by the wordes of the Councell it selfe For they alwayes vse to say that they declare the Catholike faith or account them for heretickes or which is most common denounce anathema or excommunicate them who shall beleeue the contrary but when none of these things are said it is not certaine saith Cardinall Bellarmine that it is a point of faith Whereby may be plainly seene the insolent temeritie of some especially this my Aduersary who feare not to call them heretickes that deny the Popes power to depose Princes seeing that neither from the Councell of Lateran nor from any other Councell either Generall or Prouinciall nor which is more from any one Canon of any particular Pope they can bring so much as a colourable shew of any such decree which according to the aforesaid rules of Cardinall Bellarmine and Canus haue the conditions required to make a point of faith Canus lib. 5. de loc cap. 5. q. 5. 8 Now concerning decrees and precepts belonging to manners or things commanded or forbidden to bee done the said Canus hauing first supposed and distinguished that the question may be either of such things as are necessary to saluation as being commaunded or forbidden by the law of God or Nature or of such things that are not so necessary he setteth downe this conclusion that the Church cannot erre in the doctrine of such manners as are necessary to saluation Therefore if the Church by a firme decree doe define that any thing is to bee done or to bee auoided she cannot erre therein as for example in commanding Lay-men to receiue the Sacrament vnder one onely kinde From whence hee inferreth this second conclusion that when the Church in a matter of moment and which is very profitable for the reforming of Christian manners doth make lawes to all Christian people she cannot command any thing which is contrarie to the Gospell or naturall reason wherefore as a generall Councell cannot propound false things to be belieued by the people so it cannot propound euill things to be done propound saith he by a firme and certaine decree by which all men are bound to belieue and doe vnder paine of eternall damnation 9 But as concerning the certainty of this doctrine especially touching things which are not so necessary to saluation as not being repugnant to the Gospell or naturall reason whether it bee hereticall to affirme that some custome of the Church is euill or some law of the Church is vniust I dare not saith Canus define or determine Whereupon hee excuseth those from heresie who should affirme that the Church doth erre in the custome of communicating the people vnder one kinde only and hee answereth to the Councell of Constance which ordaineth that those are to be condemned as heretickes who affirme the Church to erre therein that the Councell at that time was without a head and that Pope Martin doth not simply or absolutely approue that article but hee onely defineth that those who shall teach that the Church doth erre in that manner of custome are to bee condemned as heretikes or as sauouring heresie Therefore that which Pope Martin being President of the Councell durst not condemne by the name of heresie neither I saith Canus dare nor ought to impeach of a greater censure But if in a custome necessary to saluation which that seemed to be whereof there was a controuersie in the Councell of Constance the modesty of Pope Martin was so great how much more modest ought we to be in condemning other errours which are repugnant to the custome of the Church which is not necessary to saluation Thus Canus which doctrine I would desire my Aduersary and such other vnlearned hoat-spurres who haue heresie and hereticall so frequent in their mouthes little knowing themselues what heresie is diligently to consider 10 Also the said Canus excuseth from heresie those who disprooue the custome of the Church to carry about in solemne procession the B. Sacrament For albeit saith hee to reprehend this custome vpon this ground that Christ is not really and truely present in the Eucharist bee heresie yet if thou regard the errour in it selfe it sauoureth heresie it is rashnesse and imprudence and although it be to be censured for many respects yet it is not heresie seeing that albeit in this custome the Church should not erre yet her authority would not therefore be endangered in matters of greater moment Neither doth the Councell of Trent simply or absolutely say anathema to those that shall reprehend this custome of the Church but to those that therefore reprehend it because they doe not admit the reall presence of Christ in the Eucharist and therefore neither the adoration and woorship thereof 11 In like manner he excuseth from heresie those who affirme that the Church may erre in the canonization of Saints For it is to bee obserued saith hee that some manners or customes of the Church are deliuered to the Church by Christ and the Apostles wherein hee that should say the Church to erre doth make Christ and the Apostles to be Authors of that errour but other manners or customes are brought in since the Apostles wherein although the Church should erre yet faith would not therefore bee endangered Therefore without danger of heresie it may bee held that the Church may in some law and custome erre And hee bringeth a reason wherefore it is not hereticall to say that the Church may erre in the Canonization of Saints by which he prooued a little before that in manners customes precepts and lawes which are not common to the whole Church but are referred to priuate men or Churches the Church may erre through ignorance not onely in the iudgement of things done but also in the priuate precepts and lawes themselues And of this conclusion saith hee Pope Innocent gaue a true and fit reason in cap. A nobis desent Excom in these words The iudgement of God is alwaies grounded vpon truth which neither deceiueth nor is deceiued but the iudgement of the Church doth sometimes follow opinion which oftentimes deceiueth and is deceiued whereupon it happeneth sometimes that he who is bound before God is loosed before the Church he that is free before God is tyed by an Ecclesiasticall Censure Thus Pope Innocent 12 For from hence saith Canus it is
argument as you haue seen before although it be indeed my third example whereon all my three Instances were partly grounded neyther did I by this example eyther impugne the Decree of the Lateran Councell or inferre from thence as this man vntruely affirmeth that the Decree of the Lateran Councell might be impugned without sinne For neyther did I impugne but onely expound the Decree or rather Act of the Lateran Councell neyther did I in any one of my three Instances or also examples make mention at all of the Lateran Councell nor also did I euer acknowledge that the doctrine of the Popes power to depose Princes was the ground and foundation of the Decree of the Lateran Councell But for this cause I produced this example of Popes dispensations in the solemne vow of chastitie to shew that the ground and foundation especially of Popes sentences of deposition as was that sentence of Gregorie the 7. against Henrie the 4. in a Councell held at Rome and of Innocent the 4. against Fredericke the second in the Councell of Lyons and other such sentences which concerne particular men doth not appertaine to faith by vertue of this proposition whereon both the first and second argument of Fa. Lessius was principally grounded That doctrine doth appertaine to faith which Popes and Councels suppose as a certaine foundation of their decrees and sentences for it is euident that there is no more reason why the ground and foundation of Popes particular sentences of depositions or punishments should appertaine to faith then of his particular grants of dispensations and priuiledges whereby it appeareth euidently that this was a fit example to confute Fa. Lessius his first and second argument which there I tooke in hand in my first and second Instance to confute 18 Besides I brought this example in my third Instance against Fa. Lessius his third argument whereby he laboured to prooue that it is a poynt of faith that the Pope hath power to depose Princes for that otherwise the Church and Pope should erre in doctrine and precepts of manners by teaching generally something to be lawfull which is vnlawfull or contrariwise and also by commanding something of it selfe vnlawfull seeing that she teacheth that a Prince being deposed yea and excommunicated by the sentence of the Pope his subiects are absolued from his obedience yea and are bound not to obey him vntill he be reconciled if the Censure bee denounced whereby subiects are incited by the Pope to rebellions and periuries Against this argument I brought my third Instance which my Aduersary fraudulently concealeth and which was grounded not only vpon this third example of Popes licences giuen to Priests to Minister the Sacrament of Confirmation and might likewise bee grounded vpon the second of Pope Sixtus his decree for the celebrating of the blessed Virgins Conception 19 For if Fa. Lessius his third argument be good it may likewise be prooued as you may see by my third Instance that it is a poynt of faith that the Pope hath power to dispence in the solemne vow of Chastity to giue licence to Priests to minister the Sacrament of Confirmation and also that the blessed Virgines Conception was pure holy and immaculate seeing that from these dispensations licences and decree of Pope Sixtus it euidently followeth that the Pope teacheth generally that the marriage of professed religious persons is a true Sacrament and the children begotten and borne by them are legitimate and if the Parents be Kings their children ought to be preferred in the Kindome before all others who may pretend otherwise a right thereto and the Sacrament of Confirmation ministred by an inferiour Priest with the Popes licence is a true and valid Sacrament and also that the honour and worship which is giuen to the blessed Virgines conception is a true and religious honour all which would according to Fa. Lessius his third argument bee false and pernicious because the faithfull should thereby be incited to commit iniuries and sacriledges yea and against their wils by Censures bee compelled thereunto if the Pope hath no such power to dispence in the solemne vowe of chastity nor to giue licence to Priests to minister the Sacrament of Confirmation and that the blessed Virgin was not in her Conception pure holy and immaculate But my Aduersary to obscure the whole difficulty and to blinde the Readers vnderstanding thought it best not to set downe fully but in that lame manner as you haue seene Fa. Lessius his three arguments and wholy to conceale the three Instances I made against them whereby hee might with a lesse shew of falsity boldly affirme that the three examples were my three Instances and that they were brought by me of purpose to impugne the decree of the Lateran Councell both which how vntrue they are and also of what little force are all Fa. Lessius his three arguments against which onely I brought my three Instances you haue seene before 20 For all the difficulty of Fa. Lessius his third argument consisteth in the vnderstanding of that Maior proposition It is a point of faith that the Church cannot erre in doctrine and precepts of manners by teaching generally something to be lawfull which is vnlawfull or vnlawfull which is lawfull or also by commanding something of it selfe vnlawfull For if by doctrine of maners teaching generally he meane a definitiue teaching or a propounding any thing as of faith with an obligation to bind all the faithfull to belieue that doctrine I grant that it is a point of faith that the Church or a generall Councell cannot erre in such doctrine or teaching for whether the Pope can erre or no in such teaching it is not a point of faith but as yet a controuersie betwixt the Roman and French Diuines but then I vtterly deny that any generall Councell yea or any Pope hath euer defined or taught generally that the Pope by vertue of his Ecclesiasticall power hath authority to depose temporall Princes to absolue subiects from their temporall allegiance or to inflict temporall punishments But if by doctrine and teaching he meane opinatiue and probable doctrine and teaching besides that it cannot be conuinced that the Lateran Councell or any other generall Councell taught generally in this sense that the Pope by vertue of his spirituall power hath authority to depose temporall Princes his Maior proposition is very vntrue and therefore from thence it doth not follow that the doctrine of the Popes power to depose Princes is certaine and of faith 21 Likewise if by commanding something of it selfe euill Fa. Lessius vnderstand a generall commaundement propounded to the whole Church or all the faithfull I grant also that a generall Councell cannot erre in imposing such generall commandements although this be not so cleare a point of faith as the former as I haue shewed before out of the doctrine of learned Canus but then I deny that any generall Councell hath euer giuen any such generall
three Instances or in this Argument whereof now we treate make any mention at all of the Lateran Councell although indeede I haue now by the way and without any necessitie vrging mee thereunto signified as you haue seene aboue that those words of the Lateran Councell vt extuncipse c. that then the Pope may denounce his Vassalls absolued from their fealtie which my Aduersaries affirme to bee the Decree of the Lateran Councell ordaining the practise of the Popes power to depose Princes cannot according to their owne grounds bee a true proper and formall Decree containing any precept or obligation but rather the reason cause and end for which the former Decree was made as I haue more amply declared before 24 Secondly neither are all the reasons of Decrees so extrinsecall thereto that they may faile and yet the Decree stand good for some are so intrinsecall and as I may say so essentiall to the Decree that the Decree cannot possibly stand good if the doctrine bee not true or at least-wise presumed to bee true as I shewed before in the reason of the canonizing of Saints and of celebrating their Feast in honour of their Sanctitie and also of celebrating the Feast of the B. Virgins Conception in honour of the vnspotted puritie thereof and of these and such like reasons I chiefly meant when in the aforesaid argument I demanded whether the reasons that mooue Popes and Councells to define or decree something are not as it were certaine grounds and foundations of their definitions and decrees So that I may truely conclude with my Aduersaries owne wordes that hee argueth as ignorantly impertinently and absurdely in impugning this argument as in the former and in the same manner also hee still goeth on 25 But now will you heare saith hee i p. 203. nu 9. how well Widdrington concludeth this his last argument and condemneth himselfe of errour or heresie Thus then hee saith Quapropter c. Wherefore no man can doubt but that great difference is to bee made betwixt the voice Vbi supra nu 63 doctrine and consent of the Church firmely beleeuing or defining any thing as a matter of faith and the voice doctrine and consent of the Church onely probably thinking For no Catholike man doeth deny that hee who contemneth to heare the voice of the Church firmely beleeuing doeth fall into errour or heresie whereas Catholike Doctours whose authoritie the learnedst of my Aduersaries will easily admit doe plainely affirme that hee who being mooued with sufficient reason doeth not embrace the doctrine of the Church onely probably thinking doeth not expose himselfe to the danger of heresie errour or temeritie For Alphonsus Salmeron and Francis Suarez men truely very learned doe bring the practise and consent of the whole Church to confirme the immaculate Conception of the B. Virgin and yet that the contrarie opinion may bee defended without any danger of deadly sinne they both plainely acknowledge and cannot also deny without great offence we saith Salmeron do oppose the consent of almost the vniuersall Church the vniforme doctrine of all vniuersities Salmer tom 13. ad Rom. 5. disp 51. §. deinde Suarez tom 2. disp 3. sec 2. And the second ground saith Suarez is to bee taken from the authoritie of the Church And first the vniuersall consent almost of the whole Church and especially for these two hundred yeeres almost all Ecclesiasticall writers Bishops almost all Religions and Vniuersities haue subscribed Thus Widdrington 26 But first Mr. Fitzherbert is fouly deceiued in saying or conceiuing that this is a conclusion of this my last argument For it is a conclusion and as it were a briefe collection and explication of all the answeres I made in that Apologeticall Preface to all the arguments by which my Aduersaries laboured to conuince mee and my doctrine touching the Popes power to depose Princes of temeritie errour and heresie For seeing that all the arguments which they brought to prooue my doctrine to bee temerarious erroneous yea and hereticall were grounded chiefly vpon the generall voice doctrine and consent of the Church as they pretend I thought good for a conclusion of all my answeres to these their false imputations to admonish the Reader of the aforesaid difference betwixt the voice of the Church firmely beleeuing and onely probably thinking whereby hee might plainely perceiue that considering all my former discourse and answeres I had clearely freed my selfe from all iust imputation of heresie errour and temerity 27 But secondly let vs now see what exception Mr. Fitzherbert taketh against this my so manifest and certaine conclusion Wherein I wish saith he i Pag. 203. num 10. to be noted two things the one how confident Widdrington is that he hath prooued by his three instances or examples and this his last argument that the Church ordaining and decreeing in the Lateran Councell that Princes shall in some cases be deposed by the Pope did not firmely belieue but onely probably thinke that the Pope hath lawfull power and authority to doe it whereas you haue seene his instances and arguments to be so weake friuolous and impertinent that they haue serued to no other purpose but to discouer his folly and the weakenesse of his cause 28 But truely I cannot but greatly pitty this poore mans case albeit I am much ashamed to see and discouer his palpable fraud and ignorance For neither did I in those three instances or examples or in this last argument make any mention at all of the decree of the Lateran Councell neither did I intend to make any inference from them concerning that decree neither did I euer graunt that the Church in the Councell of Lateran did ordaine or decree that Princes might in some cases be deposed by the Pope but I alwaies affirmed that the aforesaid decree or rather Act did onely concerne the deposition of inferiour Magistrates or Lords by the consent and authority of absolute Princes that therfore that Act or decree was not made by meere Ecclesiasticall authority and consequently could not be a matter of faith but of fact onely as are all the decrees of temporall Princes concerning meere matters of fact For although it be a matter of faith that temporall Princes haue authority to make temporall Lawes yet it is not a matter of faith that in making such lawes they cannot erre and therefore their lawes are not matters of faith but of fact onely but the Church in making lawes to all the faithfull concerning such matters of fact or manners which are necessary to saluation cannot erre by commanding anything which is contrary to the Gospell or the law of Nature and therefore such lawes are not onely matters of fact but also of faith 29. That wherein I was confident is this that seeing my Aduersaries haue not hitherto brought nor will euer in my iudgement be able to bring any one sufficient argument to prooue that the doctrine of the Popes power to depose
Princes was euer firmely belieued by the Church as an vndoubted point of faith but at the most as a probable opinion no Catholike man can be iustly impeached of heresie errour or temeritie as the aforesaid Conclusion of mine doth plainely conuince for maintaining the contrary doctrine And whether the instances arguments and answeres which I haue brought be weake friuolous or impertinent or Mr. Fitzh replies altogether vaine and fraudulent wherby he clearely discouereth both the weaknesse of his cause and also his manifest fraude and ignorance I remit to the iudgement of any indifferent Reader And thus much concerning his first obseruation 30 The other thing which I wish saith Mr. Fitzherbert l Pag. 204. nu 11. 12. to be noted is how Widdrington giueth sentence against himselfe as hauing incurred the note of errour or heresie in contemning to heare the voyce of the Church firmely beleeuing for if the Church had not firmely beleeued that the Pope hath power to depose Princes shee neither would nor could haue decreed in the Lateran Councell that Princes should bee deposed by the Pope for albeit shee doth and may in particular cases practise some things vpon a probable opinion when there is no Definition or Decree to the contrary yet it were most absurd and temerarious if not hereticall to say that shee euer made a generall Decree in a Councell touching either faith or manners but vpon a most certaine and assured ground and the reason is for that otherwise the Decrees of generall Councells should sometimes bee vncertaine as being grounded onely vpon a probable opinion yea all their Decrees might alwaies with some shew of reason bee impugned and reiected by any contentious heretike who might and would call the Decree in question and say that the same were onely probable as Widdrington doth in this case 31 Therefore seeing it is most certaine and vniformly beleeued by all Catholike Doctours See Bellar. de Concil l. 2. c. 2. 3. 4. Item Can. l. 5. de locis c. 5. Bannes 2ae 2ae q. 1. ar 10. dub 6. concl 2. that no Decree of generall Councells made for the whole Church touching either faith or manners can be repugnant to the veritie of the holy Scriptures or may bee impugned or called in question by any Christian man it followeth euidently that all such Decrees are founded vpon assured grounds and none vpon probable opinions for if the grounds thereof were or might bee onely probable they might bee repugnant to the Scriptures and lawfully impugned or denyed by any man Whereupon it followeth that seeing the Lateran Councell hath for the speciall good of the Church decreed that Princes shall be deposed by the Pope in some cases the said Councell and consequently the Church doth firmely and assuredly beleeue and not thinke onely probably that the Pope hath power to depose Princes and therefore I conclude that Widdrington contemning and reiecting this beliefe of the Church is by his owne confession fallen into errour Luc. 19. or heresie so as I may well say to him with our Sauiour in the Gospell Ex ore tuo te iudicio serue nequam 32 But this obseruation of Mr. Fitzherbert is so childish not to say ridiculous that no Schoole-boy would argue in such a childish manner For what man that hath his wits about him would make this conclusion that his Aduersary by his own sentence grant confession is fallen into errour or heresie and to prooue the same bringeth two propositions whereof the one his Aduersary doth indeed very willingly grant but the other which is the maine difficultie betweene them he vtterly denyeth By the same manner of arguing I might also prooue that Mr. Fitzherbert is by his owne sentence grant and confession fallen into errour or heresie For hee graunteth that the Pope hath no other authority to depose Princes then that which was granted to S. Peter and his Successours by those wordes I will giue thee the keyes c. Whatsoeuer thou shalt lose c. Feede my sheepe or such like and that whosoeuer impugneth that which is decreed in the holy Scriptures is fallen into errour or heresie but in those and such like words of the holy Scriptures was onely granted to Saint Peter and his Successours authority to expell men from the Church of Christ not from temporall kingdomes to binde and loose with spirituall not with temporall bindings or loosings to absolue from the bond of sinnes not of debts to inflict spirituall not temporall punishments therefore Mr. Fitzherbert contemning and reiecting the holy Scriptures is by his owne confession fallen into errour or heresie so as I may wel say vnto him with our Sauiour in the Gospel ex te ore tuo iudico serue nequam Now if I should haue argued in this manner against him he would quickely haue answered that albeit he grant the Maior proposition yet hee denieth the Minor and therefore cannot bee said to grant the conclusion which must bee inferred from the granting of both the premisses and for my goodly argument hee both would and might deseruedly haue giuen mee his vsuall absurd impertinent fond foolish and ridiculous nicknames 33. In this very like manner hee argueth against mee to prooue that by my owne sentence graunt and confession I am fallen into errour or heresie for contemning and reiecting the voyce of the Church in a generall Councell firmely beleeuing For although I graunt the Maior proposition to wit that whosoeuer contemneth to heare the voyce of the Church or of a General Councell firmely beleeuing or decreeing any doctrine as certaine and of faith is fallen into error or heresie yet I euer denyed the other proposition to wit that the Church in the Councell of Lateran did either Decree the deposition of Princes or firmely beleeue the doctrine thereof as certaine and of faith and therefore it cannot be rightly inferred that I graunt the conclusion which must be inferred from both the premisses for as the conclusion doth follow from both the premisses and not from one onely so he cannot be said to grant the conclusion who granteth not both the premisses or propositions but one onely And therefore those words of our Sauiour Exore tuo te iudico serue nequam may fitly be applied to himselfe who by his owne arguing sheweth himselfe to be a very ignorant fraudulent and slanderous man in charging me to bee fallen into errour or heresie by my owne grant and confession which euery Schoole-boy seeth to be most false 34 And as concerning that generall reason which heere hee bringeth why the Councell of Lateran must firmely and assuredly beleeue as certaine and of faith that the Pope hath power to depose Princes to wit because it is most certaine and vniformly beleeued and taught by all Catholike Doctours that no Decree of generall Councells made for the whole Church touching either faith or manners can be repugnant to the verity of the holy Scriptures or called in question by any Christian man and
that therefore all such Decrees are founded vpon assured grounds and none vpon probable opinions c. Besides that this reason supposeth which I euer denyed that in the Lateran Councell was decreed the deposition of temporall Princes which is the maine question betwixt vs it needeth also some further explication For if Mr. Fitzherbert meane that no Decree of a generall Councell made for the whole Church touching manners or things commanded or forbidden to be done whether it bee made by meere Ecclesiasticall power or by that temporall authority which spirituall Pastours haue receiued from the expresse and formall graunt and priuiledges or the vertuall and tacite consent or conniuence of temporall Princes may bee impugned or called in question by any Christian man without some note or aspersion of temeritie and impietie of this I will not contend with him for this also may bee said of meere temporall lawes which are made by the Princes Peeres and Commons of temporall kingdomes for the temporall good thereof which cannot bee impugned or called in question by any priuate man without some note of temeritie and impietie 35 But if his meaning be that all Catholike Doctours doe vniformly beleeue and teach that no Decree of a generall Councell made for the whole Church touching manners which are not otherwise necessary to saluation may not bee impugned or called in question without note of heresie this is very vntrue and therein he sheweth either to be little conuersant in the reading of Catholike Doctors or not to haue well obserued what they teach For as I shewed aboue learned Canus dare not resolue whether it be hereticall to affirme that some custome or law of the Church is euill or vniust and he plainly affirmeth that it is not hereticall to hold that the Church may erre in the canonizing of Saints and the grounds of such Decrees may be vncertaine S. Tho. quod 9. ar vlt. S. Antonin 3. part tit 12. c. 8. Caiet tom 1. Opusc trac 15. de Indulg c. 8. and fallible Whereupon Saint Thomas Saint Antoninus and Cardinall Caietane doe onely say that it is piously to be beleeued that the Church cannot erre in the canonizing of them And besides that Salmeron Suarez and Vasquez as I shewed aboue doe constantly hold that the ground and foundation of Pope Sixtus his Decree touching the celebration of the Feast of the B. Virgins Conception Chap. 15. nu 8 9. seq Suarez disp 21 sec 2. was not certaine but onely probable Suarez also affirmeth that it is not a point of faith that the B. Virgin is corporally assumpted into heauen although the Church doth celebrate the Feast of her Assumption and the reason heereof he giueth for that it is not as yet defined by the Church neither is there any testimony of Scripture or sufficient tradition which may make the beliefe therof infallible See S. August tom 10. ser 34. 35. de Sāctis 36 Whereupon S. Augustine in the booke of the B. Virgins Assumption and serm 35. de Sanctis if he be the Authour of them doth seeme to leaue it as doubtfull although he doth not deny but that it may piously be beleeued Caiet in opusc de Concept tō 2. opusc trac 1. c. 1 Sotus in 4. d. 43. q. 2. ar 1. Abul in c. 22. Matth. q. 230. And Cardinal Caietane and Sotus say onely that it is a very pious opinion and Abulensis saith that it is onely the more probable opinion And as concerning the Resurrection of the Virgin saith he It is not necessary to hold the same because it is not among the articles of our faith neither is there any thing defined by the Church that it ought to be held therefore it is lawfull for euery one to thinke as he will And the reasons which are brought to prooue her Resurrection are certaine perswasions and doe not conuince and yet because it is commonly held that she is risen it is more reasonable to hold the same but if any man doe affirme the contrary wee doe not repugne Thus Abulensis And heereof I thought good to admonish the iudicious Reader that heereby hee may most cleerely perceiue both the ignorance of Mr. Fitzherbert who so boldly affirmeth that all Ecclesiasticall Decrees which are made for the whole Church touching manners are founded vpon assured grounds and none vpon probable opinions and also that we ought not to condemne so easily any doctrine of heresie or errour vnlesse wee see the contrary by some cleere definition of the Church or some euident and vndoubted consequence deduced from thence to be determined as a point of faith neither is it sufficient in this case to bring onely probable arguments or which in our owne iudgement seeme to demonstrate out of the holy Scriptures ancient Fathers Decrees of Councels or Theologicall reasons which in the opinion of other learned Catholikes doe not conuince it to be a point of faith 37 Now you shall see what Mr. Fitzherbert concludeth touching his Reply to all the answeres I gaue especially to the Decree of the Lateran Councell And now hauing confuted saith hee l Pag. 205. nu 13. seq all that which I find in the Preface of his Apologeticall answere concerning the Councell of Lateran I will returne to examine the rest of his text in his Admonition from the which I haue beene a while diuerted by his remission of his Reader to the said Preface Thus thou Widdrington concludeth in his Admonition concerning as well the Councell of Lateran as my whole Discourse Priusquam igitur aliquis clare demonstrauerit c. Therefore before some one shall cleerely demonstrate I doe not say shall onely shew probably that the answeres which I haue giuen to the Councell of Lateran are altogether improbable no effectuall argument can be deduced from that Councell whereby it may certainly and euidently be prooued that it is so certaine that the Pope hath power to depose Princes that the contrary may not be defended by Catholikes without the note of heresie errour or temeritie And this for the present may suffice to confute this Authours more prolixe then solide discourse for I will perhaps in another place more exactly examine of what small force or moment are euery one of his arguments Thus saith Widdrington for the vpshot of his answeres to me wherein we may obserue these points following 38 First whereas he exacteth as you see some cleere demonstrations that his answeres to the Councell of Lateran are altogether improbable I hope he or at least the indifferent Reader may rest satisfied therein seeing that I haue made it cleere that his answeres to the said Councell are not onely improbable but also friuolous and sometimes ridiculous as being wholly impertinent to the matter or else preiudiciall to himselfe Secondly whereas he saith that no effectuall argument can be deduced from that Councell against him vntill it be demonstrated that his answeres thereto are improbable I may now
the way to saluation and yet their sheep are not alwaies bound to heare and follow their voyce or call to beleeue with Catholike faith all their doctrine or to obey all their commandements for that their definitions are not certaine and infallible neither are they alwaies so assisted by the holy Ghost that they cannot command vnlawfull things So that albeit the Pope be our supreame spirituall Pastour Superiour and Iudge yet wee are not bound to obey him but in lawfull things and to which his authoritie doth extend 90 And if you aske againe to whom shall it belong to iudge whether the Popes definitions or doctrine be true or false or his commandements conforme to the law of God or no or that he exceed the authority and commission which Christ hath granted him or no I answere that if wee speake of Iudgement as it is an act of Iustice or of a Iudge doing iustice supposeth in him a superiority authority ouer the person whom he iudgeth which the Diuines call iudicium potestatis a iudgement of authority then according to the Diuines of Rome only God can iudge the Popes actions except in case of heresie or of schisme when more then one contend to be Pope for in these cases they graunt that a generall Councell may iudge the Pope But according to the Diuines of Paris not onely in the aforesaid cases but also in many others a Generall Councell whom they grant to be superiour to the Pope may by way of authority iudge the Popes actions and declare determine and define whether his definitions and commandements be conforme to the word and law of God or no. But if wee take iudgement S. Thom. prima secuÌ„da q. 93 ar 2. secunda secundae q. 51. ar 3. q. 60. ar 1. as it is an act of the vnderstanding and is commonly called by the Philosophers the second act or operation thereof and signifieth a right discerning or determination of the vnderstanding betwixt truth falshood good and euill in euery matter whether it be speculatiue or practicall and consisteth in the apprehension of a thing as it is in it selfe which the Diuines call iudicium discretionis a iudgement of discretion then euery learned man may iudge and discerne whether the Popes definitions or doctrine be true or false and whether his commandements bee conforme to the law of God or no neyther is that vulgar saying None can iudge his superiours actions to be vnderstood of this iudgement but of the former for this inward and priuate iudgement is the guide of euery mans conscience by which for that it is the rule of all morall actions he must iudge and discerne all his thoughts words and deeds actions and omissions 91 Seeing therefore it is a controuersie among learned Catholikes whether the Pope can erre in his definitions if hee define without a generall Councell and consequently they cannot be infallible grounds of Catholike faith it is euident that whensoeuer the Pope defineth any doctrine to be of faith which in very deed is Catholike doctrine and of faith we must not beleeue with Catholike faith that doctrin to be Catholike and of faith because the Pope hath defined the same for this reason and ground is as I haue said vncertaine and fallible but because the Catholike Church 1. Tim. 3. which onely is the infallible propounder of Catholike faith and according to the Apostle the pillar and ground of truth hath approued the same to be Catholike and of faith And thus much concerning the Popes definitions and decrees in points of faith and which are to be beleeued with Catholike faith 92 Now concerning manners and things commanded to bee done or not to be done we must carefully distinguish betwixt declaratiue and constitutiue precepts or commandements for in constitutiue commandements which doe make the thing which they forbid to be vnlawfull and doe not suppose it to be otherwise vnlawfull and forbidden by some former law first if the Pope command a thing which is manifestly lawfull and subiect to his commanding power wee are bound to obey but with this caueat or prouiso if by obeying we are not like to incurre any probable danger of some great temporall harme for that no Ecclesiasticall law setting aside scandall or contempt which are forbidden by the law of God and nature doth seldome or neuer binde with any great temporall losse as I obserued elsewhere u In Disp Theol. cap. 10. § 2. nu 41. out of the common doctrine of Catholike Diuines Secondly if the Pope perchance commaund a thing which is manifestly vnlawfull then we are bound not to obey according to that saying of S. Peter God must be obeyed â—ather then men Acts cap. 5. 93 Thirdly if it be doubtfull whether the thing which the Pope commandeth be vnlawfull or whether he hath authority to command that thing or no In the discouery of D. Schulckenius caâ—umnies calum 15 nu 12. seq Sot de deteg secret memb 3. q. 2. then as I obserued elsewhere according to the doctrine of many learned Diuines as Sotus Corduba Salon Sayrus and others wee must doe that wherein there is lesse danger according to that approoued maxime Of two euils the lesser is to be chosen But Sotus doth more plainely and distinctly declare the whole matter When the Superiours commandement saith hee is of a thing secure and lawfull where no danger ariseth to the publike good or to a third person in a doubtfull matter we must for the most part obey As for example my Superiour commandeth me to study or to helpe sicke persons which are actions wherein there is no danger although it be doubtfull whether hee may impose such a commandement I must obey yet I added saith he for the most part because I am not alwaies bound to obey in a doubtfull matter as if the thing be ouer burdensome or laborious to the subiect For if my Superiour commaund me a long iourney and a hard or vneasie thing and it is doubtfull whether he hath authoritie to commaund the same I am not bound forthwith to obey And a little beneath the same Sotus as I related his words more at large aboue affirmeth that when it is doubtfull whether the Superiour commandeth that which is lawfull if it be in preiudice of a third person because that third person is in possession of his credit and goods we must incline to that part where there is lesse danger For when such danger doth arise to a third person if the subiect be doubtfull he doth not against obedience if hee demand of his Prelate a reason of his commaundement propounding humbly the reasons of his doubt Thus Sotus And by this the Reader may cleerely vnderstand the true sense and meaning of that vulgar maxime In doubts wee must obey our Superiour and stand to his iudgement 94 And as concerning declaratiue precepts which doe not make the thing which they forbid to be vnlawfull but doe onely declare
and censure of the Catholike Romane Church whose child I professed my selfe to bee and that if perchance any thing through ignorance had escaped mee In Disp Theo. in fine which should not bee approoued by her I did disprooue it condemne it and would haue it for not written In Disp c. 6. sec 3. nu 18. seq 5 Besides I did professe that with all due honour and respect I did reuerence all the Canons of the Catholike Church although I did freely confesse that betwixt the Catholike Church and the Pope who is onely the first and principall member thereof betwixt some Chapters or Decrees of the Canon-Law and betwixt others a great difference is to be made and neuerthelesse I sincerely affirmed that to euery one in his degree and place I gaue dutifull but not equall credit the vast Corps of the Canon-Law and in the volumes of the Councells are contained either sayings or assertions of the ancient Fathers or Decrees or sentences of Popes or Councells and these are either doctrinall and propounded as things to bee belieued by the faithfull or else morall and which in the externall discipline of the Church are commanded to be obserued 6 And first I did acknowledge that the doctrine which the Ancient Fathers either in expounding the holy Scriptures or in questions belonging to faith haue with vniforme consent deliuered I did also vndoubtedly beleeue as being certainly perswaded that it was inspired by the Holy Ghost 7 Secondly I also with Melchior Canus and other Diuines affirmed that the doctrine also of all the holy Fathers in things which doe appertaine to faith may plously and probably bee beleeued by Catholikes yet that it ought not of necessitie to be followed as certaine and infallible 8 Thirdly I did professe that the definitions of Generall Councells lawfully assembled and confirmed by the Pope wherein any doctrine is propounded to the whole Church to be beleeued of all men as of Faith are to be receiued by Catholikes as infallible rules of Faith Neuerthelesse I did freely affirme with the aforesaid Melchior Canus and Cardinall Bellarmine that those the said Councells are defined or else supposed onely as probable and those assertions which either incidently and by the way are inserted or for better declaration or proofe of their decisions be produced are sometimes subiect to errour and may by Catholikes without any wrong to the Catholike faith be reiected This withall obseruing of which also in other places I haue admonished the Reader that although I professing my selfe to be a childe of the Catholike Romane Church doe most willingly imbrace whatsoeuer Generall Councells confirmed by the Pope which represent the Catholike Church doe propound to the faithfull as necessarily to be beleeued of faith and which certainely and euidently is knowne to be the true sense and meaning of the Councells Neuerthelesse I doe not vndoubtedly beleeue euery doctrine which either Cardinall Bellarmine speaking with due reuerence or any other Doctour seeing that they are not appointed by God to be an vndoubted rule of the Catholike Faith doe cry out to be Catholike doctrine to be the voice of the Catholike Church to be the meaning of the Scriptures and Councells if especially some Catholike Doctours doe hold the contrary Them truely as it is meete I doe reuerence with all dutifull respect and I doe much attribute to their authoritie but that all those collections which they in their iudgements doe imagine to be euidently concluded from the holy Scriptures or Councells considering that oftentimes they are deceiued and doe deceiue For Card. Bellarmine himselfe in his old age hath recalled many things which he wrote when he was yonger and perchance he now growing elder will recall more and what they haue written when they were yonger they may recall when they grow elder are to be accounted for vndoubted assertions of faith and the contrary opinion of other Catholikes to be rather esteemed an heresie then an opinion this truely I cannot take in good part 9 Fourthly concerning the Canons or Decrees of Generall Councells belonging to manners and to the externall gouernment of the Church I promised to be most ready to receiue willingly all those Decrees which in places where I shall liue shall be generally receiued for these are properly called the Decrees or Canons of the Catholike or vniuersall Church which are by common consent admitted by the Vniuersall Church Neither doubtlesse is any man bound to admit those Lawes and precepts which in the Countrey where he liueth are not obserued by the people as according to the receiued opinion of Diuines and Lawyers I there affirmed And the same I there auouchâ—d is to be vnderstood proportionally of the Decrees of Popes and Prouinciall Councells For as concerning the Popes definitions belonging to faith if he define without a Generall Councell I confesse that I haue oftentimes auerred that very many especially ancient Diuines of the Vniuersitie of Paris whose names I there c c Cap. 10. sec 2. nu 27. related are of opinion that such Definitions vnlesse they be receiued by the Catholike Church as Definitions of Catholike Faith are subiect to errour whose opinion both for the authoritie of so famous men and also for the reasons and grounds whereon that opinion is founded I with many later Diuines to whose opinion also Cardinall Bellarmine himselfe d d Lib. de Concil cap. 13. doth plainely enough incline howsoeuer he would seeme also e e Lib. 4. de Rom. Pont. c. 2. li. 2. de concil cap. 17. to auerre the contrary haue also oftentimes affirmed that it is not to be condemned of heresie errour or temeritie which also now againe speaking with all dutifull submission I feare not to confirme 10 Lastly concerning my Disputation of the Oath and the Dedication thereof which seemeth to be that stone of offence and rocke of scandall to some Diuines especially of the Society of Iesus and to those Catholikes who adhere to them I cannot to speake vnfaignedly in any wise vnderstand what can iustly be obiected against it or what fault I haue committed either in making it or else in dedicating it to your Holinesse of which I should purge my selfe For first of all I the Authour of that Disputation and Dedication haue therein professed that I did not write it with any obstinate mind but in manner of an humbly petition sincerely and for many reasons which I there related to informe your Holinesse more fully who as heere we thinke hath not beene rightly informed of the reasons for which English Catholikes are of opinion that the Oath may lawfully be taken and for this cause I did dedicate it to your Holinesse that after you had carefully examined all the reasons for which English Catholikes doe thinke the Oath may lawfully be taken your Holinesse might prouide both for their spirituall and temporall safety as according to your fatherly wisedome and charitie should be thought most conuenient And
very first so fraudulent friuolous and contrarie to his owne profession as you haue heard in this Chapter Thus you see with what bitternesse Mr. Fitzherbert concludeth his first Chapter 43 But if hee had beene pleased to haue dealt vprightly and as hee hath in a most spitefull manner vrged against me this obiection which is taken from his Holinesse Breues so also he had set downe the answere which in the tenth Chapter of my Theologicall Disputation I gaue thereunto the Reader would presently haue perceiued that my Aduersarie hath passed the bounds of Christian charitie and iustice in wrongfully accusing me of impudencie impietie and disobedience to the Apostolicall decree of S. Peters Successour whose obedient child I did there and also I doe heere professe my selfe to be and am readie to obey in all those things wherein according to the grounds of Catholike Religion hee hath authoritie to command Neither can my Aduersarie without blushing affirme either that the Popes Holinesse albeit hee bee Saint Peters Successour cannot erre in his particular commands and decrees which are not propounded to the whole Church but to particular Churches or Kingdomes or that any Catholike is bound to obey him in those things wherein according to the doctrine of learned and vertuous Catholikes hee hath no authoritie to command 44 First therefore I shewed in that place out of the doctrine of Fa. Suarez that there are two sorts of humane precepts as well Ecclesiasticall as Ciuill The one is called a constitutiue precept which of it selfe maketh that thing which it forbiddeth to bee vnlawfull which otherwise if that precept were not would not bee vnlawfull as the eating of flesh in Lent and the doing of seruile workes vpon Sundaies and Holidayes which if they were not forbidden by humane lawes would not be vnlawfull And although a constitutiue precept of humane power may sometimes binde with danger of some great temporall losse as of goods libertie yea also of life yet the Ecclesiasticall law setting aside scandall and contempt which are forbidden by the law of God and nature doe seldome or neuer binde with very great temporall harme and therefore wee are not bound to abstaine from flesh in Lent or from doing seruile workes vpon Sundaies and holidaies when we are like to incurre thereby any probable danger of some great temporall hurt 45 The other is called a declaratiue precept which doth not of it selfe make but suppose and declare the thing which it forbiddeth to be vnlawfull as being before prohibited by some other former law as theft murder drunkennesse and such like which are otherwise forbidden by the law of God and nature And this kind of precept as well obserueth Suarex dependeth onely vpon the reason for which the act is commanded or forbidden or which is all one vpon the precedent law from whence all the obligation of the declaratiue precept doth proceed Insomuch that if the reason be not true and that there is no such precedent law or obligation as the declaratiue precept affirmeth to be the declaratiue precept hath no force to binde at all and with the same certaintie or probabilitie we are bound or not bound to obey a declaratiue precept as it is certaine or probable that there is or is not any other former bond and obligation 46 As for example his Holinesse doth by his Breues forbidde all English Catholikes to take the new oath of allegiance for that therein are contained many things which are cleerely repugnant to faith and saluation If therefore it be certaine or probable that nothing is contained in this oath which is repugnant to faith or saluation it is also certaine or probable that this declaratiue precept of his Holinesse which is grounded vpon this reason that something is contained therein contrary to faith and saluation is according to the doctrine of Suarez of no force to bind neither are English Catholikes by vertue of this declaratiue prohibition bound to refuse the said oath 47 Secondly I also shewed in that place that this declaratiue command of his Holinesse forbidding Catholikes to take the oath for that it containeth many things flat contrary to faith and saluation is such a declaratiue precept which is not grounded vpon any infallible reason or definition of the Church but onely vpon his opinatiue iudgement that his reason is true and that either his power to excommunicate and consequently his spirituall Supremacie is denyed in this oath which is very vntrue or that his power to depose Princes which is denyed in the oath is a cleere point of faith and necessarily included in his spirituall Supremacie and consequently the denyall thereof is plainly repugnant to Catholike faith Which being so it is manifest that wee are no further bound to obey this declaratiue prohibition of his Holinesse then we are bound to follow his opinion and to belieue that eyther his power to excommunicate or some such like is denyed in the oath or that whosoeuer denyeth his power to depose Princes denyeth the Catholike faith 48 Whereupon I concluded that considering neither his power to excommunicate or any such like is denyed in this oath as I haue prooued at large against Card. Bellarmine and others nor that his power to depose Princes which is expressely denyed in the oath is certaine and of faith the contrary doctrine being probable and also maintained by many learned Catholikes as partly also I haue already prooued by the testimonie of learned Catholikes before alledged and heere beneath by answering all my Aduersaries obiections I will make it more manifest Part. 1. per. tâ—tum there can bee made no doubt but that any English Catholike may with a safe conscience or without any crime of disobedience to his supreme spirituall Pastour or any preiudice to Catholike faith refuse to obey his Holinesse declaratiue command which is onely grounded vpon such an opinion which considering the contrary is probable and defended by many learned Catholikes may without any note of impudencie impiety or disobedience be reiected by Catholikes 49 Thirdly I also affirmed in that place that no Catholike doth onely for this cause take the oath or thinke it to be lawfull because the Kings Maiestie being of a contrarie Religion doth command it or thinke it to be lawfull as though those Catholikes who take the oath doe it onely vpon the Kings bare word affirming the oath to be lawfull and seeme thereby to preferre the opinion of a Protestant Prince in things which in some sort doe belong to Religion before the opinion of our supreme spirituall Pastour but because the Kings Maiestie being our lawfull Prince and Soueraigne Lord in temporals what religion soeuer hee professeth hath established an oath of allegiance to make a triall how his Catholike subiects stand affected towards him in point of their loyaltie and due obedience and commanded all Catholikes to take the same which oath learned Catholikes for probable reasons doe thinke to be truely in oath of temporall allegiance and to
no wise a Christian. 2 And Mr. Fitzherbert also maketh so great account of this decree that whereas hee spendeth onely three Chapters concerning the law of God in the olde and new Testament the law of Nature of Nations and the Ciuill law yet in examining this decree of the Councell of Lateran he consumeth seuen whole Chapters wherein hee hath borrowed of Fa. Lessius masked vnder D. Singletons name the greatest part of a whole Treatise which he made in the defence of this Decree and in the end he boldly affirmeth a P. 204. 205. that I am falne into flat heresie yea which is more by my owne grant and confession and why forsooth for not vnderstanding the Decree in that sense wherein Cardinall Bellarmine and some later Diuines specially Iesuites doe vnderstand it as though the authoritie of these men is so great that wee are bound to accept their priuate expositions concerning any text of holy Scriptures or sacred Canons for the voice of the Catholike Church But how vaine are the bragges of this boasting man and how palpable are his slanders taxing me of ridiculous absurditie folly temeritie malice impietie impudencie and heresie and then especially when my answeres are most strong and his Replyes most childish and impertinent you haue partly seene in the former Chapters and in the rest also you shall more cleerely perceiue 3 But before I come to shew what is the true sense and meaning of this decree it will not bee amisse first to see of what authoritie and credit among all Catholikes this great and famous Councell of Lateran is and ought to bee for this is very materiall to know whether any decree therein contained bee of it selfe sufficient to make any matter of faith which all Catholikes are bound to beleeue to be of faith as also because some make doubt Bel. lib. 2. de Concil cap. 13. saith Cardinall Bellarmine whether the last Councell of Lateran vnder Pope Leo the tenth which most expresly defined that the Pope is aboue a Generall Councell was truely a Generall Councell therefore euen to this day it remaineth a question also among Catholikes whether a Generall Councell be aboue the Pope or no. And although I doe not intend to deny or call in question the authoritie of this Councell but for my owne part doe willingly admit and approue the same yet for satisfaction of the Reader and that the trueth may the more easily bee found out and followed I thinke it necessarie to set downe the doubts and difficulties which some haue made against the authoritie of this so great and famous a Councell 4 First therefore it is certaine and out of controuersie that the aforesaid Councell of Lateran was called by Pope Innocent the third to which came all those Ambassadours Bishops and other inferiour Prelates mentioned heere beneath by my Aduersarie and in this all Histories doe agree in which respect it may truely be called the greatest and most famous Councell that euer was assembled in the Church of God albeit if we respect onely the number of the Bishops who were present thereat and who only according to Card. Bellarmines doctrine haue authoritie to decide determine and define as Iudges matters belonging to Christian faith and Religion the Councell of Chalcedon was farre greater whereat were present 630. Bishops and the Councell of Lyons vnder Pope Gregorie the tenth was also farre greater whereat were present according to Genebrard 500. Bishops and according to Binnius more then 700. whereas at this Councell of Lateran were onely 412. Bishops according to Matthew Paris and Abbas Vspergensis whom Binnius followeth who comprehend the two Patriarchs and 70. Archbishops in the number of the 412. Bishops But all the difficultie consisteth in this whether this decree which is now in question and all the other Canons which now are published as decrees of the Councell of Lateran were confirmed by the generall consent of all or the greatest part of all the Fathers or were onely propounded and rehearsed in the Councell but not approoued by common consent And one chiefe ground of this difficultie is taken from the testomonie of our countrey-man Matthew Paris a Benedictiue Monke of the Monasterie of S. Alban who both liued neere the time of this Councell See his Historie of Henrie the 3. in the yeere 1248. and was also reputed a man probatae vitae religionis expertae of an approoued life and tried religion as Pope Innocent the 4. doth testifie in regard whereof he was by the same Pope Innocent sent into the kingdome of Norway to reforme the Monasterie of Holme although in regard of his freedome of speech and vpright dealing he is vndeseruedly taxed by the most Illustrious and renowmed Cardinall de Peron as a great enemie to Popes in which respect he might also taxe him as a great enemie to all both Popes and Kings Clerkes and Laikes yea and to those of his owne Order for that hee freely and without partialitie rehearseth and taxeth the vices of all But the ancient prouerbe is by dayly experience found true Ohsequium amicos veritas odium parit Flatterie causeth friends trueth enmitie 5 Thus therefore hee writeth of that Councell b Mat. Paris vpon the yeere 1215. in the life of King Iohn after hee hath set downe the time and place where it was held and the number of persons who were present thereat All these being gathered together in the place aforesaid and according to the manner of Generall Councells euery man being placed in his order the Pope hauing made first an exhortation 60. Chapters were rehearsed in the full Councell which to some did seeme pleasing or easie to others burdensome At length he beginning his speech concerning the businesse of the Crucifix subioyned saying c. And the same Matthew Paris in his lesser Chronicle writeth thus But that Generall Councell which after the Papall manner did pretend great things at the beginning ended in scorne and mockerie whereby the Pope cunningly deluded the Archbishops Bishops Abbots Deanes Archdeacons and all that came to the Councell For when they now perceiued nothing to bee done in so great a businesse they being desirous to returne home desired leaue one after another which the Pope did not grant them before they had promised him a great summe of money which they were constrained first to borrow of Romane merchants and pay it to the Pope before they were permitted to depart from Rome The Pope now hauing receiued the money did freely dissolue this gainefull Councell and all the Cleargie departed sorrowfull 6 From which worde of Matthew Paris it seemeth to follow that neither all these 60. Chapters mentioned by him were made by the order of the whole Councell but rather by Pope Innocent himselfe or by his direction before the Councell began both for that at the very beginning of the Councell after the Pope had made his sermon it seemeth that they were rehearsed in the full Councell and also
of this great Councell is by some called in question 16 But on the contrary side the most Illustrious Cardinal of Peron doth bring two principall arguments which may seeme to confirme the authority of this Councell and that the decrees now extant were made by the generall consent and approbation of the whole Councell The first is for that otherwise we may impugne the article of Transubstantiation the article of the holy Ghost proceeding from the Father and the Sonne the precept of annuall confession the condemnation of the errours of Abbot Ioachim c. But to this argument they answere that it doth not therefore follow that we may impugne the aforesaid Decrees because they are now receiued by the generall consent of all Catholikes either by vertue of the Canon law contained in the booke of Decretals which Pope Gregory the ninth commanded to be obserued and practised by all men or because they are approoued by common consent but not by virtue of the authoritie of the Councell wherein nothing was decreed and agreed vpon by any knowne and authenticall approbation of the Fathers although doubtlesse they did by their priuate or tacite consent approoue many of those 60. or 70. Decrees 17 The second argument is for that both Councells Popes and Sholasticall Doctours doe cite some of the aforesaid 60. or 70. Decrees as of the Councell of Lateran But to this also they answere that these Decrees are called Canons of the Councell Lateran for that they were propounded and rehearsed in the Councell but not confirmed or approoued by the generall acceptance and consent of the Fathers because they seemed to some to bee easie and pleasing but to others heauy and burdensome To these may be added a third argument that the Councell of Constance in the 39. Session ordaining what profession the future Pope was to make decreeth that euery future Pope hereafter to bee chosen must make this confession and profession before his election be published that he doth firmely beleeue the holy Catholike faith according to the traditions of the Apostles of generall Councells and of other holy Fathers but especially of the eight Sacred generall Councells to wit of the first Nicene of the second Constantinopolitan of the third Ephesine of the fourth Chalcedon of the fifth and sixth Constantinopolitan of the seuenth Nicene and the eight Constantinopolitan and also of Lateran Lyons and Vienna also generall Councells But to this they also answere that by the Councell of Lateran is not vnderstood this vnder Pope Innocent the third but the former celebrated vnder Pope Alexander the third in the yeere 1180. and if it bee vnderstood of this Councell of Lateran it is only say they forasmuch as concerneth those decrees wherein mention is made of the approbation of the Councell as is that 46. decree which the Councell of Constance mentioneth in the Bull of the confirmation of the Emperour Frederikes constitution As also by the Councell of Lyons it doth not vnderstand that vnder Pope Innocent the 4th who in the presence thereof excommunicated the Emperour Fredricke and whereat only 140. Bishops were present but that vnder Pope Gregory the tenth in the yeere 1274. whereat S. Bonauentura and S. Thomas of Aquina and more then 700. Bishops were present according to Binnius and Ebarhardus whom Binnius citeth 18 These be the principall difficulties both against and for the authoritie of this Councell of Lateran which before I came to examine the sense meaning of the decree which is now in question I thought needfull to set downe that the Reeder may thereby iudge whether if one for the reasons aforesaid should deny the authority of this Councel and affirme that nothing was therein plainly concluded by any publike and authenticall decree approoued by the common consent of the greatest part of the Fathers there present may be excused from all note of heresie errour and temerity in that manner as the Doctors of Paris may be excused from those aspersions for still defending the authority of a Generall Councell aboue a true and vndoubted Pope and denying the authority of the Councell of Lateran vnder Pope Leo the tenth wherein the contrary doctrine as Cardinall Bellarmine saith is expresly defined yet for my owne part as I said before I doe willingly embrace and admit the authority of this great Councell of Lateran and of euery Canon and Decree therein contained and namely of this which is now in question and doe onely contend about the true sense and meaning thereof as is vsuall in the holy Scriptures themselues which some expound one way some another not intending thereby to cal in question the authority of Gods word but onely to examine and declare what is the true sense and meaning thereof 19 Now let vs see what Mr. Fitzherbert saith in this Chapter against my answere wherein I briefly declared the true sense and meaning of this Decree Thus therefore he beginneth It resteth now saith he that I examine the probability of Widdringtons answeres to my arguments grounded vpon the Canon law and specially vpon a constitution and Canon of the great and famous Councell of Lateran And first of all he setteth downe the answere I gaue in my Admonition which before I relate it will not bee amisse to put downe the decree it selfe of the Councell of Lateran for thereby the sense and true meaning thereof will more easily appeare First therefore the Councell in the third Chapter doth excommunicate and anathematize all heresie and condemne all heretickes by what name soeuer they be called and doth ordaine that they being condemned shall be left to secular potestaes Magistrates or their Bayliffes to be punished according to their deserts but so that Cleargie men shall be first degraded from their Orders or Cleargie and if they bee Lay-men that there goods shall be confiscated but if they be Cleargie men that their goods shall be applyed to the Churches from whence they receiued stipends And then it decreeth thus 20 But let Secular Potestaes what offices soeuer they beare bee admonished and induced and if it shall be needefull be compelled by Ecclesiasticall Censure that as they desire to be reputed and accounted faithfull so for the defending of the faith they doe take publikely an Oath that they will sincerely endeuour to their power to cast out of the territories subiect to their Iurisdiction all heretickes declared by the Church So that from hence foorth when any man shall bee chosen to a perpetuall or temporall potesta or office he be bound to confirme this Chapter by Oath Si vero Dominus temporalis c. But if the temporall Lord Officer or Landlord For Dominus temporalis signifieth also euery Officer Magistrate or Landlord being required and admonished by the Church shall neglect to purge his territory from hereticall filth let him be excommunicated by the Metropolitan and other Bishops of the same Prouince And if he shall contemne to giue satisfaction within a yeare let it bee
taking a definition as he doth for a Decree but besides that this is nothing against mee hee must withall remember that according to the doctrine of Cardinall Bellarmine not all definitions or decrees doe appertaine to faith but those Decrees only which are propounded as of faith Now if Mr. Fitzherbert will but call to minde the rules which I haue alledged before out of Cardinall Bellarmine to know when any Decree is propounded as of faith he will euidently see that this Act of the Lateran Councell concerning the absoluing of vassalls from their fealty is no such Decree and will therefore bee hereafter shamed to vrge any longer the Councell of Lateran for the confirming of his new Catholke or rather particular faith and priuate spirit 33 And if Widdrington say saith Mr. Fitzherbert i Pa. 191. nu 9 that Decrees concerning matters of fact are not definitions he sheweth himselfe very absurd For it cannot be denied but that Popes and Councells ordaining Decrees concerning matters of fact doe as well define what is to be done or practised as they define what is to be beleeued and taught when they make Decrees concerning matters of faith and the one is no lesse necessary for the good gouernment of the Church then the other and therefore their Decrees of both sorts are definitions the one of a thing to be beleeued and the other of a thing to be done for otherwise we must say that the Apostles after all their consultation in their Councell at Hierusalem defined nothing which were absurd 34 But because I will not contend of words I doe not say Act. 15. that Decrees concerning matters of fact and manners which are true and proper Decrees are not definitions or that such Decrees or definitions are not necessarie for the good gouernement of the Church but that which I say is that this Act of the Lateran Councell concerning the deposition not of Princes as this man supposeth but of Landlords Potestaes or Lords is not according to my Aduersaries grounds a true and proper Decree or definition including any precept bond or obligation which all true and proper decrees doe include and I also say that according to the expresse doctrine of Cardinall Bellarmine not all the Decrees or definitions of generall Councells doe appertaine to faith but those onely which are propounded as of faith and that to know when any Decree is propounded as of faith he assigneth these rules to wit If the Councell doe excommunicate those or account them for heretikes who shall beleeue the contrary or if it declare by a firme decree that what is defined or decreed ought to be receiued as a doctrine of the Catholike faith and to be firmely beleeued by all the faithfull or the contrarie to be hereticall or repugnant to the holy Scriptures and that when none of these things be affirmed it is not certaine that it is a point of faith Now that there is no such thing decreed defined or affirmed in this manner in the Lateran Councell touching the absoluing of vassals from their fealtie it is too too apparant 35 Wherein also saith M. Fitzherbert k Pag. 182. nu 10. 11. it is to be considered that the error which may be incident to a definition or Decree concerning matters of fact cannot fall vpon the Decree or definition it selfe for so should the errour redound to the holy Ghost whose assistance our Sauiour hath promised to the definitions of Councells and Popes as Widdrington himselfe n See before u. 1. granteth but it must fall vpon the execution of the Decree as if some Prince should be deposed vpon wrong information or without due circumstances required in the Decree But the question is not heere of errour in matters of fact of this kind I meane in the execution of Decrees and therefore if Widdrington speake of such facts when he saith that Christ hath not promised the assistance of his spirit to facts but to definitions he changeth the question and fighteth with his owne shadow affirming that which we denie not who speake onely of the veritie iustice and equitie of the Decree it selfe from the which we exclude all errour and iniustice acknowledging the assistance of the holy Ghost in the making therof in which respect all Catholike Doctours that haue euer written haue vniformely taught hitherto that the Church being guided by the holy Ghost cannot erre in her generall Decrees made for the whole Church touching either faith or manners as I will declare m See Cha. 16. nu 11. 12. further hereafter Whereupon I conclude that Widdrington admitting as hee doth the assistance of the holy Ghost in the definitions of Councells and Popes and yet impugning the veritie or iustice of the Decree ascribeth errour or iniustice to the holy Ghost 36 But first whether a Generall Councell can erre or no in her definitions or decrees which are made by her spirituall authoritie concerning matters of fact or manners for that the Pope cannot erre euen in his definitions concerning faith if hee define without a Generall Councell I neuer intended to affirme it is altogether impertinent to the present Act of the Lateran Councell concerning the absoluing of vassals from their fealty seeing that this Act as I contend was not made by her spirituall authoritie but by the authoritie license and consent of temporall Princes to the making of which Decrees no Catholike Authour affirmeth that Christ hath promised his infalible assistance or that the Church is guided therein by the holy Ghost 37 Secondly albeit at this present I doe not say that the Church or a Generall Councell can erre in her generall Decrees concerning matters of fact and manners yet I say as I said before that Melchior Canus a man of such learning and pietie that Mr. Fitzherbert dare not as I thinke accuse him of heresie doth confidently say that without danger of heresie it may be held that the Church in some such law or custome may erre and that hee dare not affirme it to bee hereticall to say that some such law or custome of the Church is vniust and also that in manners not common to the whole Church but which are referred to priuate persons or Churches the Church may erre through ignorance not onely in her iudgement of things done but also in her priuate precepts and lawes and generally he saith that if any one of those things whereon the iudgement of the Church doth depend be vncertaine the decree of the Church cannot be firme and certaine whether the question be speculatiue or practicall of which sort saith he is that decree by which she doth canonize or iudge holy men to be numbred in the Catalogue of Saints By all which it is euident that from the Act or Decree if we will needes call it so of the Lateran Councell concerning the absoluing of vassalls from their fealtie stretch it as farre as may be no colourable much lesse conuincing argument can bee brought to
Diuines whether the Pope can giue leaue to such a Priest to administer this Sacrament Seeing therefore that to the Sacraments of the new Law as the Councell of Florence declareth are required three things the matter the forme and the Minister of which if any one be wanting it is not a true and perfect Sacrament and that it is a very great sacriledge that the due and lawfull matter and forme of a Sacrament should be seriously applied by an vnlawfull Minister if the Pope in whom only according to these Diuines the whole Ecclesiastiall power and authority to define infallibly matters of faith doth chiefly reside cannot grant authority to a Priest who is no Bishop to administer this Sacrament as very learned Diuines c Adrianus Papa in 4. in q. de confess ar 3. Durand in 4. dist 7. q. 3. 4 Bonauent ibid. Alphon. de Cast in l. de haer verbo confirmatio Petrus Soto lec 2. de confirm and others without any note of heresie or errour doe hold is it not a very great errour to grant such licences whereby there is danger that most heinous sacriledges to wit the inualid administrations of Sacraments should be committed 7 Moreouer Pope Sixtus the fourth did in honor of the immaculate conception of the blessed Virgin Mary make a Decree d It is to be seen in the 4. tome of the Councels after the life of Pope Sixtus for celebrating the Feast of her Conception to the end that all faithfull Christians should giue thanks and praise to almighty God for her wonderfull conception which he also cals immaculate e In the second decree of the immaculate Virgin and notwithstanding it is vncertaine and disputed by Diuines on both sides whether the B. Virgin was conceiued in originall sinne or by the speciall prouidence of God preserued from the same Is it not therefore from hence manifest that the doctrine which is propounded or supposed as a foundation of an Apostolicall constitution and decree and which belongeth to the religious seruice of God is not so certaine and vndoubted a truth but that without danger of deadly sinne it may be impugned 8 Lastly some Popes haue oftentimes dispenced with Princes who haue made a solemne vow of chastity in approoued Religions to contract matrimonie f See Azor. tom 1. li. 12. c. 7. q. 1. as it is recorded by Historiographers of Constantia daughter to Roger King of Sicilie of Casimirus King of Poland and of Ramirus King of Aragon and of Nicholas Iustinian a noble Venetian but if the Pope hath no authority to dispence in the solemne vowe of religious chastitie whereof there is a great controuersie among Catholike Doctours g For S. Thomas and all his followers whom Zanchez a Iesuite relateth lib. 8 de Matrimon disp 8. doe deny that the Pope hath such a power and Zanchez also saith that it is probable doubtlesse such dispensations would cause very many hainous sinnes and doe also great wrong to other Princes who by such dispensations should be vniustly depriued of their iust title to raigne and to succeede in their inheritance These bee the examples whereon I grounded my three arguments or instances to confront them with the former three of Fa. Lessius in these words 1. Instance of Widdrington 9 May we not therefore according to our aduersaries principles argue in this manner That doctrine doth appertaine to faith which the Pope in whom onely according to these Doctours all authoritie to define infallibly matters of faith doth reside h For they grant that the Pope alone without a Coūcell hath this insallibility the Councell without the Pope hath it not doth eyther propound or suppose as a certaine and vndoubted ground or foundation of his Decrees and sentences this is the Maior proposition of Fa. Lessius first argument But this doctrine that the B. Virgin was not conceiued in originall sinne that the Pope can dispence in the solemn vow of chastity and giue leaue to a Priest who is no Bishop to Minister the Sacrament of Confirmation is propounded or supposed by Popes as a ground or foundation of many their decrees dispensations and iudiciall sentences therefore that doctrine doth appertaine to faith This is the substance of my first instance but in forme made like to Fa Lessius his first argument 2. Instance 10 Secondly if the Pope should expresly define that the Church hath such a power to wit to dispence in the solemne vow of chastitie to giue leaue to an inferiour Priest to administer the Sacrament of Confirmation and to define that the blessed Virgin was not conceiued in originall sinne no Catholike of those especially who hold that the Pope defining without a Generall Councell cannot erre can make any doubt but that this matter should appertaine to faith but seeing that Popes doe suppose it as a sure and certaine foundation of their Decrees and sentences they are thought no lesse to affirme the same therefore it ought to bee accounted no lesse certaine 3. Instance 11 Thirdly it is a point of faith as our Aduersaries suppose that the Pope cannot erre in doctrine and precepts of manners by teaching generally any thing to be lawfull which is vnlawfull or to bee vnlawfull which is lawfull or also by commanding any thing which per se of it selfe is vnlawfull For such an errour is no lesse pernicious to the faithfull then an errour in faith But if the Pope should not haue that authority to dispence in the solemne vow of chastity or to giue leaue to an inferiour Priest to administer the Sacrament of Confirmation the Pope should erre in doctrine and precepts of manners and that in matters of very great moment For he teacheth that the Sacrament of Confirmation ministred by an inferiour Priest who is no Bishop is a true Sacrament Also that if a Prince by the Popes dispensation doe marry a professed Nunne that marriage to be lawfull and valid and that their children are lawfully begotten and ought to succeed in the Kingdome and notwithstanding that the next of the blood Royall should for want of the lawfull issue of this Prince pretend a right to the Crowne yet the Pope may without doubt according to our Aduersaries doctrine commaund and also by Censures compell the Subiects to acknowledge the issue begotten by that marriage wherein the Pope did dispence to be their true vndoubted and rightfull Prince All which shall be false and not onely false but also pernicious for that the Subiects shall be incited thereby to doe iniuries and against their wills be compelled thereunto and Princes shall obtaine free liberty and licence from the Pope to commit incests and sacriledges Therefore the Church doth erre in doctrine of manners and counsaileth sacriledge and commandeth iniustice and by Censures compelleth thereunto But to affirme this it is heritical therefore that also from whence followeth is hereticall to wit that the Pope hath not authority to dispence
in the solemne vow of chastity and to giue leaue to an inferiour Priest who is no Bishop to minister the Sacrament of Confirmation 12 Thus I argued in my Apologeticall Preface and then I concluded thus Let my Aduersaries solue these difficulties and I will forthwith by their owne solutions vntie the aforesaid knots which they imagine cannot in any wise be solued or loosed Whereby it is apparant that I did not oppose or apply any one of these three instances either to the decree of the Lateran Councell or to any other Canon of Pope or Councell which are vsually brought by my Aduersaries to prooue that the doctrine of the Popes power to depose Princes is a point of faith but as Fa. Lessius did not apply in particular those his three arguments either to the Canon of the Lateran Councell or to any other Canon or iudiciall sentence of the Pope or Councell but left them to be applyed by others to this or that Canon except onely his second agument which he seemeth to apply to the Lateran Councell so I thought it sufficient for that time to propound onely three other like instances in generall and not to compare or parellel any of them to any decree Canon or iudiciall sentence of Pope or Councell in particular whereby my Aduersaries contend to make manifest that this their doctrine for the Popes power to depose Princes is certaine and of faith but left the application of them to this or that Canon in particular vntill such time that they themselues would either apply those three arguments to some particular Canon of Pope or Councell or answere in forme to the three instances which I brought to confront with theirs 13 Now Mr. Fitzherbert neither answereth in forme to those three instances of mine which I grounded vpon those three examples of Popes nor so much as setteth them downe to bee seene by his Reader but cauilleth onely as you shal see at those three examples whereon my three instances were grounded and pretendeth to shew a great disparitie betweene those three examples and the Decree of the Lateran Councell and also hee would seeme to haue plaid the man and to haue quite ouerthrowne my three instances whereas hee hath not so much as touched or mentioned them at all Thus therefore hee beginneth this Chapter i Pag. 185. nu 1 My Aduersary Widdrington hauing hitherto shewed great weakenesse in himselfe and his cause by his answeres to our arguments Widdr. vbi supra nu 52. pretendeth to confute a Reply which he supposeth we will make to his last answere diuiding the said Reply into three points whereof the first is that the foundations and grounds of the Ecclesiasticall Canons and Decrees of Popes and Councells doe belong to faith whereupon Widdrington saith we inferre that seeing the Fathers in the Councell of Lateran grounded their Decree vpon this doctrine that the Pope hath power to depose Princes therefore the said doctrine must needs be certaine and a matter of faith Ibid. nu 53. 14 The second point is that seeing no Catholike man would doubt but that all Christians were bound to beleeue as a matter of faith that the Pope hath power to depose Princes if a generall Councell should expresly define it therefore we say that forasmuch as the Councell of Lateran doth suppose the same as a sure foundation of their foresaid Canon and Decree all Christians are no lesse bound to beleeue it then if they had expresly determined or defined it Ibid. nu 54. 15 The third point is that it being a matter of faith that the Church cannot erre in generall precepts or Decrees concerning manners it followeth that the Councell of Lateran hauing ordained the deposition of Princes neither hath erred nor could erre in it especially seeing that the errour would be most grieuous and pernicious to all Christians for thereupon would follow tumults seditions and warres by reason of the reuolts and rebellions of subiects against their Princes and the breach of their Oathes of fidelity which were no lesse then periury if the Pope had not authority to discharge subiects of their allegiance and fidelity to their Princes Thus in effect though somewhat more amply doth Widdrington argue for vs. 16 But first whether I or my Aduersary haue shewed great weakenesse in our selues and in our cause neither hee nor I but the iudicious Reader must bee the Iudge for with the same facilitie I may retort his owne words backe vpon himselfe Secondly I did not onely suppose that they would make those three arguments but I related them word by word as I found them in Fa. Lessius which neuerthelesse Mr. Fitzherbert hath very lamely recited especially the first and last argument leauing out many principal and very important words as you may see if you will compare them together Thirdly I did not say that hereupon they did inferre as this man vntruely saith I did that seeing the Fathers in the Councell of Lateran grounded their Decree vpon this doctrine that the Pope hath power to depose Princes therefore this doctrine must be certaine and of faith For albeit Fa. Lessius may seeme to apply his second argument to the Decree of the Lateran Councell which neuerthelesse he may also apply to the Decree of the Councell of Lyons yet his other arguments especially his first are so generall that they may be applyed to many other Decrees Canons dispensations and iudiciall sentences of Popes or Councells and if Fa. Lessius had particularly applied them to the Lateran Councell I might without more adoe haue easily answered them by denying as there I did that the Councell did suppose as a foundation of that Decree or Act concerning the absoluing of Vassals from their fealtie this doctrine that the Pope hath power to depose absolute Princes but onely inferiour Magistrates Land-Lords or Lords by the authoritie and consent of absolute Princes 17 Now for the answere and confutation saith k Pag. 186. nu 4. 5. Mr. Fitzherbert of these three arguments Widdrington produceth three instances to proue that the Pope doth somtimes exercise his power with danger of pernicious most grieuous errour when neuerthelesse it is vncertaine whether he haue such power or no. His first instance is that the Pope hath often giuen lilence to a Priest to minister and conferre the Sacrament of Confirmation notwithstanding that diuers great Doctours doe denie that the Pope can giue such licence or commission whereupon he concludeth that it is not certaine Durand Bonauent Adrian alij whether the Pope hath the power which he exercieth in giuing such licenses and addeth further An non saith he grauissimus error est c Is it not a most grieuous errour to grant such licences whereby there is danger to commit most grieuous sacriledges to wit the inualide administration of Sacraments So he shewing euidently how vnreuerent an opinion he hath of the licences dispensations and other actions of Popes seeing that
neuerthelesse according to the doctrine of Cardinall Bellarmine and Canus are necessary to make any Decree of a generall Councell to appertaine to faith And secondly heere in this place I did only argue against the first argument brought by Fa. Lessius who in his Maior proposition speaketh generally of all decrees and sentences of Popes and Councels That doctrine saith he doth appertaine to faith which Popes Councels and Doctours doe either propound or suppose as a certaine foundation of their decrees and sentences c. And against this argument I did oppose as you haue seene another like instance grounded vpon three examples of decrees dispensations and iudiciall sentences of diuers Popes which instance of mine Mr. Fitzherbert concealeth and by the word foundation I did not onely vnderstand the reason which mooued those Popes to make such decrees and to grant such dispensations and licences as for example that S. Gregory as my Aduersary saith graunted licence to some Priests in Sardinia to administer the Sacrament of confirmation by reason of the great want of Bishops in that Iland but by the word foundation I vnderstood the authority it selfe which those Popes pretended to haue to make such decrees and to grant such licences and dispensations and the reasons and foundations whereon that pretended authority of theirs was grounded which authority of theirs I shewed to be vncertaine and consequently not to belong to faith and therefore the first argument of Fa. Lessius to be defectiue 29 And although there bee an euident disparitie betwixt the Decrees of Popes and the Decrees of generall Councels yet it is apparant that according to my Aduersaries principles who affirme that all the infallibility of the Decrees of Generall Councels doth wholly depend vpon the Pope wee may according to their grounds proportionally argue of the infallibilitie of the Decrees of Popes and of General Councels and that if the Pope may erre in his priuate iudgement particular facts and decrees concerning manners which are referred to particular persons Bishops or Churches a Generall Councell also may erre in the like and if to make a Decree of a Generall Councell to belong to faith it bee necessary according to their doctrine that it bee a true and proper Decree and must also be propounded as of faith or necessarily grounded vpon some vndoubted doctrine of faith the like also they must say of the Decrees of Popes From whence it cleerely followeth that according to their owne principles no forcible argument can bee drawne either from the iudiciall sentence of Pope Gregory the seuenth against Henry the fourth Emperour or of Pope Innocent the third against Philip and Otho or of Pope Innocent the fourth in the Councell of Lyons against Fredericke the second or from any other deposition of whatsoeuer King or Emperour or also from the Decree of the Lateran Councell although we should suppose as wee doe not that it doth concerne the deposition of temporall Princes and was made by true Ecclesiasticall authority without any necessitie that Christian Princes should approoue and confirme the same yet I say no forcible argument can bee drawne from thence to prooue that the doctrine for the Popes power to depose Princes is an vndoubted doctrine of faith seeing that the former sentences and depositions doe onely concerne particular persons and this Act of the Lateran Councell is not according to their owne grounds a true and proper Decree and none of them are propounded as of faith as any man of iudgement out of those rules which Card. Bellarmine and Canus haue brought to know when any Decree is propounded as of faith may very easily perceiue 30 Besides that Widdrington inferreth absurdly saith Mr. Fitzherbert n Pag. 188. nu 8. 9. that because the reason which mooued some Popes to grant that licence was vncertaine or seemed erroneous to some learned men therefore it was vncertaine also in it selfe or to the Popes that gaue the licence as who would say that because the reason of Pope Pius his Decree concerning the obseruation of the Feast of Easter seemed vncertaine to the Churches of Asia therefore it was vncertaine in it selfe or to Pope Pius who made the Decree whereas the reason or gound of the said Decree to wit the tradition of the Romane Church was not onely certaine to Pope Pius and his Successour Victor o Euseb l. 5. hist c. 24. 25 who excommunicated the Churches of Asia for resisting it but also to the first Councell of Nice which afterwards decreed the same yea to the whole Church which followeth the Decrees of the said Pope and Nicen Councell accounting them for heretikes that doe contradict them as I haue shewed before p See Chap. 13 nu 4. 7. And see also the answere therevnto chap. 13. nu 22. seq 31 The like also may bee said of the rebaptization of such as are baptized by heretikes which was condemned by the Sea Apostolike vpon an assured ground albeit the same seemed vncertaine and erroneous to Saint Cyprian and to a Synode of Bishops with him who were of contrarie opinion So as it is euident that many things may seeme vncertaine to some learned men and yet bee most certaine to the Sea Apostolike and therefore Widdrington argueth very ridiculously if hee inferre as hee seemeth to doe that the reason which mooued some Popes to giue licence to Priests to administer the Sacrament of Confirmation is vncertaine or erroneous because it seemeth so to some learned men 32 But besides that I made no such inference as this man faigneth and the Reader may plainely see by the examples and instances which I haue entirely set downe and Mr. Fitzherbert hath fraudulently concealed it is euident that hee heere insinuateth giuing credit therein to Fa. Lessius a most dangerous and pernicious doctrine to wit that all Catholikes are bound to follow in matters which are in controuersie among learned men the Popes priuate spirit faith and knowledge as though the Church of God were to bee guided and gouerned in matters which are questionable among learned Catholikes by the priuate faith spirit or knowledge of any man yea of the Pope himselfe or that Christ had promised his infallible assistance to the Popes priuate knowledge or iudgement 33 And first whereas Mr. Fitzherbert affirmeth that although the reason which mooued some Popes to grant licence to inferiour Priests to administer the Sacrament of Confirmation seemed vncertaine to some learned men yet it was not therefore vncertaine in it selfe or to the Popes that gaue the licence hee speaketh very improperly For albeit truth and falshood are taken from the thing it selfe according to that knowne maxime of Aristotle ex eo quod res est vel non est propositio dicitur vera vel falsa and so may bee said to bee in the thing it selfe yet certaintie as certaine is opposed to doubtfull vncertaine fallible probable erroneous is not properly in the thing it selfe but in the vnderstanding
and knowledge of men For if wee take certaintie as it is in the thing it selfe which is rather to bee called necessitie there is nothing that is past which is not certaine or rather necessarily true So that all the power and authoritie which Christ hath giuen to S. Peter and consequently to the Pope as hee is Saint Peters Successour is most certaine in it selfe that is most true and necessarie yet all the power in particular which Christ hath giuen to Saint Peter and the Pope is not certaine quoad nos that is to the vnderstanding and knowledge of the faithfull nor of the Popes themselues 34 Secondly whereas Mr. Fitzherbert affirmeth that albeit the reason which mooued some Popes to grant that licence to Priests seemed erroneous to some learned men yet it was not therefore vncertaine to the Popes that gaue it and againe It is euident saith he that many things may seeme vncertaine to some learned men and yet bee most certaine hee doth not say may seeme to be most certaine to the Sea Apostolike insinuating thereby that those Popes who gaue such licences did not only thinke or perswade themselues that they did certainely know but also that they did in very deede certainely knowe which is a farre different thing that they had authoritie giuen them from Christ to doe the same I would gladly learne of Fa. Lessius from whom Mr. Fitzherbert hath taken this assertion by what meanes those Popes came to such a certaine knowledge of things reuealed by Christ our Sauiour whereof other men and perhaps farre more learned then those Popes were in all sorts of learning both diuine and humane were so ignorant vncertaine and doubtfull For my owne part I doe not know by what way any man whatsoeuer hee bee can haue a certaine knowledge which is truely certaine and not onely imagined or thought to bee certaine of things supernaturall and reuealed by GOD but by diuine reuelation and this must bee either a priuate reuelation whereby God reuealeth himselfe to the priuate soule or spirit of a man as hee did in the old Law to the Patriarchs and Prophets and in the New to the Apostles and to diuers other holy men or else it must bee a publike reuelation knowne and approoued so to bee by the publike declaration or acceptance of the Church for the publike definitions of Popes without the approbation of a generall Councell or generall acceptance of the Church doe still remaine vncertaine seeing that it is as yet vncertaine and disputable among learned Catholikes whether the Pope hath authoritie to define certainely and infallibly that this or that thing which is in controuersie among famous and learned Catholike Diuines hath beene reuealed by God or no. 35 If therefore when Mr. Fitzherbert taxing mee most ignorantly of ridiculous absurditie doeth so confidently affirme it to bee euident that many things may seeme vncertaine to some learned men and yet bee most certaine to the Sea Apostolike his meaning bee that the Sea Apostolike hath this certaine knowledge by publike reuelation or by some necessarie consequence which is euidently deduced from publike reuelation I cannot possibly see how this can bee true for that publike reuelations and those things which are euidently deduced from publike reuelations are not proper onely to the Pope but are common also to other learned men and therefore also other learned men who are as skilfull and perchance farre more skilfull in the knowledge of the holy Scriptures and of publike reuelations traditions definitions declarations and of the generall consent and acceptance of the Church then those Popes are may haue as certaine a knowledge of things supernaturall and reuealed by publike reuelation as those Popes either haue or morally can haue 36 But if hee meane that the Sea Apostolike hath that certaintie of knowledge touching things reuealed by priuate reuelations or secret instincts and inspirations any learned man may plainely see that this is spoken without sufficient ground seeing that Christ our Sauiour hath not promised an infallibilitie of trueth to the priuate knowledge of any Pope or of the Prelates of the Church assembled together in a Generall Councell but onely to their Decrees and those not all but to such only which are propounded as of faith Neither also is it certaine that Christ hath promised an infallibilitie of truth so much as to the Popes publike definitions and decrees which are propounded as of faith if hee define without a Generall Councell and much lesse to his priuate knowledge and iudgement as it is manifest by the decrees of Pope Nicholas the first and of Pope Celestine the third whereof the first declared q De cons dist 4 can A quodam Iudaeo that Baptisme giuen in the name of Christ without expressing the three persons of the Trinitie is valid and of force and the second r Quondam in cap. Laudabilem de conuers coniugat that Marriage is so dissolued by heresie that the partie whose consort is fallen into heresie may lawfully marry another which doctrine is now condemned in the Councell of Trent and also by Pope Iohn the 22. who publikely taught Å¿ See Adrian Papa in q. 2. de Confirm circa finem Castro lib. 3. contra haeres verbo Beatitudo haer 62. Bell. l. 4. de Ro. Pont. c. 14 and if hee had not beene preuented by death was resolued to define that the soules of the Blessed should not see God before the Resurrection and by Pope Boniface the eight who in a letter to Philip le Bell King of France affirmed t See Nicol. Vignerius ad an 1300. Ioan. Tilius ad ann 1302. that he accounted them for heretikes who did not beleeue that the said King of France was not subiect to him in spiritualls and temporalls And as for these priuate reuelations they may also bee common to other vertuous and holy men as well as to Popes and with the same facilitie and vpon the same grounds wee may attribute priuate reuelations and certaintie of priuate knowledge as well to the one as to the other 37 And albeit it were so that many things are certaine to the priuate vnderstanding and knowledge of some Popes which are vncertaine and seeme erroneous to other learned men will my Aduersaries therefore affirme that those learned men are bound to follow the Popes priuate iudgement and to beleeue him vpon his bare word if hee say that hee is certaine his iudgement and knowledge to bee true vntill hee make manifest to them the certaintie thereof and vpon what grounds hee is so certainely perswaded his iudgement to bee certainely true This were doubtlesse a most pernicious doctrine and the opening of a wide gappe to errours and heresies For then should the Doctours of Paris See Pope Adr. in the place aboue cited who caused Pope Iohn to recall his errour haue beleeued him when hee commanded his doctrine or rather errour to bee held by all men and induced the Vniuersitie
the examples which Mr. Fitzherbert heere bringeth concerning the lawfulnesse of ministring Sacraments vpon a probable opinion and the example which I brought concerning the licences graunted by some Popes to inferiour Priests to administer the Sacrament of Confirmation For the common doctrine and practise among Catholikes is that it is not lawfull to minister vpon a probable opinion those Sacraments mentioned by my Aduersary but in case of necessitie and when the necessitie is past because it was vncertaine or doubtfull whether they were valid and had effect or no to reiterate them againe vpon condition according to that doctrine which is certaine and without all controuersie doubt or danger But neither doe Popes giue licence to inferiour Priests to minister the Sacrament of Confirmation onely in time of necessitie neither is it the common practise among Catholikes to reiterate againe after the necessitie is past the Sacrament of Confirmation ministred by those Priests of whom there is a great controuersie among learned Catholikes whether the Pope hath authority to giue them any such licence or no. 47 Neither doth the Councell of Florence * See Estius in 4. sent dist 7. §. 22. who answereth this authoritie of the Councell of Florence Castro vbi supra either approoue or disprooue this practise but onely relateth that some Popes haue giuen such licences as the words before rehearsed by my Aduersary doe plainly shew And although S. Gregorie did grant or as Alphonsus de Castro doth expound him did for auoiding of scandall onely permit which before he had forbidden as a thing contrary to the ancient custome of the Romane Church that certaine Priests in Sardinia might conferre the Sacrament of Confirmation when Bishops were wanting or Adrianus vbi supra as Pope Adrian doth interprete S. Gregorie he did not giue leaue to Priests to conferre the Sacrament of Confirmation but onely to annoint the forehead of the person baptized with Chrisme in that manner as Pope Siluester is said to haue ordained that the Priest should annoint with Chrisme the person baptized in the crowne of the head which he ordained Hugo lib. 2. de Sacram. part 7. cap. 3. as Hugo de S. Victore affirmeth least the person baptized should depart this life without Confirmation according to al which expositions there is no Catholike as I verily think so impious or inconsiderate that wil condemne S. Gregory of any sin or formall sacriledge yet other Popes haue giuen that licence to inferiour Priests who are no Bishops to conferre the Sacrament of Confirmation without any such necessitie as to diuers Abbots and namely to the Abbot of Monte Cassino where there is no such want but rather ouer great plenty of Bishops being so many thereabout and hauing so small reuenues to maintaine their Episcopall dignity Neither is it the custome or practise of those Countries to confirme againe those persons who are confirmed by those Abbots although it may very conueniently be done And therefore albeit there be no danger or preiudice to soules to minister the Sacrament of Baptisme of Extreame vnction of Pennance or of holy Orders in time of necessitie vpon a probable opinion for that the practise and custome is in such a case to minister them againe when the necessity is past yet it is a very dangerous and pernicious errour to minister either the Sacrament of Confirmation or any other Sacrament onely vpon a probable opinion if it may be ministred without any such probable doubt or danger or when the necessity is past not to reiterate vpon condition the Sacrament againe So that although it be no dangerous or pernicious errour to minister that Sacrament as doubtfull which is indeed among learned Catholikes accounted doubtfull yet it is most a dangerous and pernicious errour to minister that Sacrament as certainly to haue effect which neuerthelesse is by famous and learned Catholikes vpon probable grounds accounted doubtfull 48 Thirdly the Reader may plainly perceiue the fraudulent dealing of this man who wholly dissembleth in what manner I applied this example to all the three arguments brought by Fa. Lessius and not onely to his first argument as he would make his Reader beleeue and therefore hee altogether concealeth the three instances which I brought to confront with Fa. Lessius his three arguments For this assertion touching the inualid administration of Sacraments which by way of an interrogation as you haue seene I brought in my first example to wit that to erre in the inualid administration of Sacraments is a very pernicious errour I did not affirme absolutely but onely ad hominem with reference to the like assertion which Fa. Lessius brought in his third argument to which third argument and not to his first as my Aduersary would seeme to make his Reader beleeue I afterwards applied this assertion 49 For whereas Fa. Lessius in the Maior proposition of his third argument affirmed as you haue seene that it is a point of faith that the Church cannot erre in doctrine and precepts of manners by teaching generally something to be lawfull which is vnlawfull or also by commanding something of it selfe vnlawfull for that such an errour is no lesse pernicious to the faithfull then an errour in faith from which proposition he did inferre that it is therefore a point of faith that the Pope hath power to depose Princes for that otherwise the Church should teach a most pernicious errour and subiects should be incited to rebellions and periuries I in my third instance which my Aduersarie hath wholly concealed made as you haue seene the like argument and from the same Maior proposition of Fa. Lessius his argument I likewise inferred that it is also a point of faith that the Pope hath power to giue leaue to Priests to minister the Sacrament of Confirmation and to dispence in the solemne vow of chastity and so likewise it may be inferred that the B. Virgin was not conceiued in originall sinne for that otherwise the Pope in whom according to my Aduersaries doctrine all the infallibilitie of the Church doth consist should teach most pernicious errors and the faithfull should be incited to sacriledges and iniuries 50 And if Mr. Fitzherbert to answere my third instance wil affirme that from the foresaid Maior proposition of Fa. Lessius his third argument it cannot be well inferred that the aforesaid doctrines mentioned in my third instance must be of faith because it is no pernicious or sinfull errour it being grounded vpon a probable opinion of learned Catholikes which excuseth from all sinne to teach such doctrines and to incite to such sacriledges and iniuries seeing that to erre in this case is no sinne neither are the sacriledges and iniuries grounded vpon so probable an errour formall or sinfull sacriledges and iniuries if I say he will answere thus besides that he taketh errour sacriledges and iniuries otherwise then errour rebellions and periuries are taken by Fa. Lessius who as it is euident taketh them
Christians to beleeue that such a temporall Lord is rightly deposed and his temporall Vassals absolued from his obedience Besides that this cannot bee gathered from the words of this Decree it being not propounded as of faith which condition neuerthelesse is necessarie to make any Decree to appertaine to faith as I haue shewed before the same may be said of all particular Decrees precepts sentences depositions dispensations priuiledges and licences which are made or granted by the Pope or Councell and then all those three instances and examples which I brought against Fa. Lessius his arguments are of force for in like manner it may be said that albeit those licences and dispensations doe concerne particular facts and particular persons yet they bind all Christians to beleeue that such Priests for example doe truely and really conferre the Sacrament of Confirmation and that such dispensations are valide and haue effect which how absurd this is it is manifest and my Aduersary here acknowledgeth as much And this I hope may suffice to shew the weakenesse of Fa. Lessius his three arguments and the sufficiency of my three Instances which I opposed against them and the fraud and ignorance of Mr. Fitzherbert in setting downe and confuting the same CHAP. XVI Wherein another argument or rather answere of Widdrington is confirmed and M. Fitzherbert in labouring to prooue that Widdrington by his owne grant is fallen into heresie or errour is conuinced of palbable ignorance and lastly the Conclusion of all Widdringtons discourse in his Preface to his Apologeticall Answere is confirmed and what M. Fitzherhert excepteth against the same and also his briefe Recapitulation of all his Discourse in this his Treatise are confuted 1 AFter I had set downe my three Instances which I brought to confront with the three arguments brought by Fa. Lessius desiring him to satisfie my Instances and promising by his owne answeres to satisfie his obiections I added another answere or if you will call it an argument or instance in these words Finally are not the reasons by which Councells are induced or mooued to define any thing as it were some grounds which are propounded or supposed by them as foundations of their definitions and decrees and neuerthelesse no Diuine as I suppose will affirme that those reasons are to be receiued by Catholikes with the same certainty as the definitions themselues In Councells saith Cardinall Bellarmine Bellar. l. 2. de Conc. cap. 12. the greatest part of the Acts doe not appertaine to faith For neither the Disputations which goe before nor the reasons which are added nor those things which are brought to explicate and illustrate are of faith See also Canus l. 6. de locis c. 8. but onely the bare Decrees and those not all but those onely which are propounded as of faith 2 These were my words in that Apologeticall Preface which albeit they are so cleere and manifest that no man of any learning can take any iust exception against them especially seeing that I did not apply them in particular to any Decree or Act of Pope or Councell yet Mr. Fitzherbert out of the profoundnesse forsooth of his Diuinitie will prooue them to be absurd and impertinent for so he is pleased to stile the argument of this Chapter Widdringtons absurditie saith he by an other impertinent argument is further discouered But let vs see how well he discouereth this There remaineth now saith Mr. Fitzherbert one argument onely to be examined which Widdrington addeth to his three Instances for the conclusion of the whole reasoning thus in effect that because the reasons which mooue Councells to define and determine any thing are as it were the foundations of their Decrees and yet not so certaine as the Decrees themselues which he confirmeth by the opinion and doctrine of Cardinall Bellarmine Vbi supra and Canus therefore the doctrine of the Popes power to depose Princes whereupon the Canon of the Lateran Councell was grounded is not so certaine but that it may be erroneous and impugned without offence 3 But so shamefull and insupportable is the corrupt dealing of this vnlearned and fraudulent man that in very truth I am halfe ashamed to discouer and lay open the same For first it is too too manifest that I made no such argument in this place as this man faigneth either concerning the Decree of the Lateran Councell or concerning the Popes power to depose Princes whereof here I made no mention at all Neither also did I argue in this ridiculous manner that because the reasons which mooue Councells to define or determine any thing are not so certaine as the decrees themselues therfore they may be impugned without offence As who should say that because there is not promised to Popes such an infallibilitie but that they may erre in their priuate opinions iudgements dispensations licences Censures and Decrees therefore they doe erre in the same and such their opinions dispensations c. may be impugned and denied without offence If Mr. Fitzherbert had said without note of heresie he had said something to the purpose and spoken agreeably to the grounds which I maintaine for what thing soeuer is not of faith may be impugned and denied without note of heresie but to say without offence this is too too shamefull and palpable a falshood 4 As for example although Melchior Canus before related doth affirme that it is not hereticall to hold that the Church may erre in the canonization of Saints for the reason which I there alledged out of him and consequently that he is not to be accounted an heretike or an impugner of the Catholike faith that should therefore say that the Church hath or doth erre in the canonization of such a Saint yet he affirmeth that whosoeuer should say that therefore the Church doth erre in the canonization of such a Saint is a rash and irreligious man and deserueth therefore to bee punished by the Church So likewise although it be certaine that temporall Princes and common-wealths may erre in making temporall lawes through ignorance inconsideration or some intemperate affection and that therefore he is not to be reputed an heretike who should rashly and without sufficient ground affirme that they haue and doe erre in making such temporall lawes yet it is also certaine that what subiect soeuer should rashly affirme that his temporall Prince hath erred in making such or such a law and that such or such lawes are vniust is worthily accounted an impious scandalous and turbulent person and deserueth therefore to be punished by the State So as you see how many grosse falshoods this man hath imposed vpon mee in so few lines 5 Wherefore all the argument I made heere was as you haue seene onely this The reasons ends and motiues for which Councells are moued or induced to make definitions and decrees are not alwayes so certaine and infallible as the definitions or Decrees themselues but such reasons ends and motiues are propounded by
affaires his Holinesse meant to include not onely the authority to vse Censures which onely were mentioned in the words next going before and to which onely any man according to the property of the words would restraine them but also to despose them which is not much materiall to the present purpose for be it so that his Holinesse speaking of the authority of the Sea Apostolike in such affaires included his power as well to depose as to excommunicate Princes it is nothing to the matter for that which I intend is that his Holinesse was by Cardinall Bellarmine and the other Diuines who consulted of the Oath not onely misinformed that his power to excommunicate and to inflict Censures is plainly denied in the Oath but also that his power to depose Princes is a point of faith and necessarily included in his spirituall authority which is verie vntrue as in this Treatise I haue sufficiently declared and prooued 67 But that also which M. Fitzherbert addeth for a confirmation of his saying to wit that the Popes power to depose Princes and to discharge subiects from their allegiance is neuer effected or performed but by vertue of some censure of Excommunication is both false and also repugnant to the grounds of Cardinall Bellarmine For Childericke King of France which example Cardinall Bellarmine bringeth for a proofe that the Pope hath power to depose Princes was deposed and his subiects discharged of their allegiance and not by vertue of any Censure of Excommunication And it is one thing saith Becanus Becanus incōtrou Anglic. c. 3. p. 2. pag. 108. to excommunicate a King and another to depose or depriue him of his kingdome neither is the one necessarily connexed with the other Many Kings and Emperours haue beene excommunicated and not therefore deposed and contrariwise many deposed and not therefore excommunicated And yet my ignorant Aduersary to patch vp this silly answere of his doth now agreeable to his learning boldly affirme that the Popes power to depose Princes and to discharge subiects of their allegiance is neuer effected or performed but by vertue of some Censure of Excommunication whereas I haue sufficiently prooued aboue m Chap. 1. nu 21. seq chap. 5. sec 2. 131. seq out of the doctrine of Suarez Becanus and from the definition of excommunication that deposition is not an effect of Excommunication that therefore although they are sometimes ioyned together and that some Princes haue beene both excommunicated and deposed by the Pope yet they were not deposed by vertue of the Censure of Excommunication for that as his Maiestie did wel obserue n In his Premonition p. 9. Excommunication being only a spirituall Censure hath not vertue to worke this temporall effect 68 Now you shall see how vncharitably and also vnlearnedly this ignorant man concludeth this point Whereupon it followeth saith hee o p. 219. nu 14 that albeit his Holinesse had beene perswaded by Cardinall Bellarmine Fa. Parsons and others as doubtlesse he was although this man would seeme to deny the same that the Oath denying the Popes power to depose Princes impugned his spirituall authority he had not beene deluded or deceiued therein nor had erred in the reason why hee forbade the Oath though he had forbidden it for that cause onely as it is euident by the Breue he did not but for many respects And therefore thou seest good Reader what probable exceptions this silly sicke and scabbed sheepe taketh to the iudgement and sentence of his supreame Pastour and what account hee maketh of his Apostolicall authoritie and consequently what a good Catholike hee is 69 But if Mr. Fitzherbert meane that the Oath denying the Popes power to depose Princes and to discharge subiects of their allegiance impugneth his spirituall authoritie to excommunicate Princes and to inflict spirituall Censures as needes hee must if hee will speake to the purpose for that all his former discourse hath beene to impugne my second answere to his Holinesse Breues which was that hee was misinformed by Cardinall Bellarmine and the other Diuines of Rome that his power to excommunicate Princes and to inflict spirituall Censures is denyed in the Oath then I say that his Holinesse was fowly deluded and deceiued in that reason why hee forbade the Oath as containing in it many things flat contrarie to faith and saluation although hee did not forbid it for that cause only But if his meaning bee that the Oath denying the Popes power to depose Princes for to these two generall heads and to all that which doth necessarily follow thereon both this man and all my other Aduersaries doe chiefly reduce all their exceptions against the Oath and if for any other respects his Holinesse forbade the Oath let my Aduersarie name them and hee shall heare what wee will say thereunto impugneth his spirituall authoritie for that it is a point of faith that the Pope hath power to depose absolute Princes to dispose of their temporalls to inflict temporall punishments and to discharge subiects of their temporall allegiance and which consequently are included in his spirituall power then I also say that his Holinesse was deluded dedeceiued and erred also in this reason why hee forbade the Oath as containing in it many things flat contrarie to faith and saluation for that it is no point of faith that the Pope hath power to depose Princes to inflict temporall punishments c. but the contrarie hath euer beene maintained by learned Catholikes 70 Neither was Almaine a famous Doctour of Paris and those very many Doctours related by him or any other of those learned Authours whom partly I cited in my Apologie p nu 4. seq and partly aboue in this Treatise q Part. 1. euer accounted bad Catholikes or silly sicke and scabbed sheepe Neither can Card. Bellarmine euen according to his owne grounds as I haue shewed before and in his owne conscience whereunto I dare appeale heerein affirme that the Decree or rather Act of the Lateran Councell whereon all my Aduersaries doe now at last chiefly rely to proue their doctrine of deposing to be of faith although it should haue mentioned as it doeth not mention absolute Princes is sufficient to make it certaine and of faith And therefore this ignorant and vnconscionable man calling mee a silly sicke and scabbed sheepe and no good Catholike for not beleeuing this doctrine to bee certaine and of faith which so many learned Catholike Doctours haue euer maintained to bee false and for not admitting his Holinesse declaratiue precept which is grounded thereon and consequently hath no greater force to binde according to Suarez doctrine then hath the reason whereon it is grounded sheweth himselfe to haue neither learning nor charitie but a vehement desire to disgrace mee with Catholikes and to take away my good name per fas nefas whether it bee by right or wrong as all the rest of his vncharitable and fraudulent discourse doeth
will vouchsafe to examine the cause himselfe and not to be ouer confident in the testimonie and conscience of his accuser who is both in great fauour with the Iudge and also is brought as a witnesse against him otherwise all the standers by will perceiue what manifest wrong is done him and hee will giue his Aduersaries great occasion to except and exclaime against him And this is my very case as you haue seene before 75 And whereas Mr. Fitzherbert obiecteth that I doe not promise to his Holinesse to retract or reforme my writings in case that he condemne them to which hee might also haue added that his Holinesse hath now condemned or rather forbidden some of my writings and I haue not as yet retracted or reformed them I answere first that I know not well what this silly man would conclude from hence vnlesse he would make his Reader belieue that I am obstinate in my doctrine which the ignorant man calleth an heresie and that I doe still maintaine that it is a probable doctrine and consequently may be maintained by any Catholike that the Pope hath not authority to depose temporall Princes and that therfore I am no Catholike but a formall heretike disguised and masked vnder the vizard of a Catholike and that all my pretences to bee a Catholike doe proceede from no other ground but from a deepe d ssimulation or rather an artificall and execrable hypocrisie to delude and deceiue Catholikes And this is the chiefe marke at which this rash-headed and vncharitable man aimeth at in this Chapter whereby hee plainely discouereth both the bitternes of his intemperate splene little beseeming the spirit of a religious Priest and also that he knoweth not himselfe what is required to be a Catholike or to haue true Catholike faith 76 Secondly therefore to answere this inference I doe boldly and resolutely affirme againe which also I haue sufficiently conuinced in this Treatise that it is a doctrine truely probable that the Pope hath no authority to depose absolute Princes or to discharge their subiects of their temporall allegiance and therefore it cannot truely bee noted of heresie errour or temerity and so the imputation of heresie concerning the doctrine it selfe is altogether auoided and the submission of all my writings to the Censure and iudgement of the Catholike Romane Church professing that if through ignorance I haue written any thing which she approoueth not I doe also reprooue it condemne it and desire it to bee hâ—ld for not written which is a retractation and recalling in generall of whatsoeuer I haue written amisse is sufficient to cleare mee from all imputation of obstinacie or wilfulnesse vntill I bee certified of some particular thing which requireth a more particular retractation 77 True it is that I did not promise to his Holinesse to retract or reforme my writings and doctrine in case hee should condemne them vpon the false informations of my Aduersaries for that I was not bound to make any such promise as you shall more fully see beneath And now in that manner as the Cardinals of the Inquisition haue by the commandement of his Holinesse as the Decree mentioneth forbidden my Apologie and Theologicall Disputation in the same manner I haue retracted and recalled all that I haue written amisse for as they haue onely in generall forbidden those bookes not expressing any cause or crime either in particular or in generall for which they are forbidden although I haue most humbly and earnestly requested to know some cause thereof so also I haue in generall retracted recalled what I haue written amisse both by abhorring and detesting all heresie and errour in generall and also by submitting my selfe to the Censure of the Catholike Romane Church and solemnely protesting to bee most ready to correct whatsoeuer in my writings is to be corrected to purge what is to bee purged to explaine what is to be explained and to retract what is to bee retracted which being so with what face conscieÌ„ce can this my ignorant and vncharitable Aduersary so confidently affirme that no zealous Catholike can take me for any other then an heretike disguised and masked vnder the vizard of a Catholike and that all my pretences to be a Catholike doe proceede from no other ground but from a deepe dissimulation or rather an artificiall and execrab e hypocrisie 78 But that vnlearned Catholikes may not be led blind folde by this ignorant and silly man who presumeth to be a Doctour and Teacher in these difficult points of Schoole-Diuinitie before he hath beene scarce a Scholler therein and that they may haue some sufficient light and directions to discerne vpon what grounds they ought to build their Catholike faith and whether they are bound to belieue with Catholike faith all that doctrine to bee faith which the Pope with the Cardinals of the Inquisition and his other Diuines of Rome propoundeth as of faith and that doctrine to be hereticall or erroneous which hee with their aduise and counsell condemneth as hereticall or erroneous I thinke it not amisse to set downe two principall obseruations to direct them therein 79 The first is that it is certaine and agreed vpon by all Diuines that true Catholike and supernaturall faith must alwaies bee certaine and infallible not onely in respect of the obiect or the thing which is to be belieued which must of necessity be true but chiefly and principally in respect of the reason or medium whereby wee assent thereunto for many opinions which include intrinsecally a feare and vncertainty as true naturall science and supernaturall faith include intrinsecally a certainety and exclude all feare doubt and vncertainty are true See Bannes secunda secundae q. 6. ar 2. and in respect of their obiect also necessary but the reason for which we belieue or giue assent is that which maketh our true Catholike and supernaturall faith and iudgement to bee infallible and this reason is the reuelation of God propounded to vs by the Church 80 The second is that it is also certaine that there is a great controuersie betwixt the Diuines of Rome and other learned Catholikes especially of Paris whether the Pope defining and determining any doctrine to bee of faith and the contrary hereticall without a generall Councell may erre or no and whether the Pope be subiect or superiour to a generall Councell Victor relect 4 de potest Papae Conc. proposit 3. Bellar. li 2. de Conc. cap. 13. Whereupon learned Victoria affirmeth that both opinions concerning the superiority of the Pope or Councell are probable and Card. Bellarmine himselfe confesseth that although in the Councell of Florence and in the last Lateran Councell the question seemeth to be defined yet because the Florentine Councell hath not so expresly defined it and some make doubt whether the Lateran Councell which hath most expresly defined it Bellar. ibid. ca. 17. albeit afterwards he saith that it is doubtfull whether shee defined it properly as to be
opinion are vncertaine and fallible and therefore although the Popes definitions made with mature deliberation and graue counsell may be a sufficient ground for Catholikes to thinke with opinion that the doctrine which he defineth is true if they haue no conuincing reasons to perswade them to the contrary yet they cannot be sufficient for Catholikes I doe not say to thinke probably but to beleeue assuredly with Catholike faith the doctrine which he so defineth without the approbation of a generall Councell to bee true The second difference is that albeit euery Catholike ought to be so firme and stedfast in his Catholike beliefe that hee must needes beleeue the contrary doctrine not onely to be false à parte rei but also to be improbable yet he ought not to bee so firme and stedfast in his opinion as to condemne of heresie errour or temeritie other learned Catholikes who hauing duely examined all the reasons and grounds for that opinion shall thinke against him or be of the contrary opinion although he pretend to prooue his doctrine to be true out of some Decree or definition euen of a generall Councell which Decree or definition the other learned Catholikes of the contrary opinion haue seene examined and answered thereunto and this I prooued at large in my Theologicall Disputation Å¿ Cha. 10. sec 2. out of the expresse doctrine of Fa. Vasquez which my ignorant Aduersary doth fraudulently conceale who as you haue seene vrgeth against mee certaine arguments which I there related and answered and dissembleth wholly the answeres which there I made to the same 86 Wherefore although the Pope be the supreme spirituall Pastour of all the faithfull and therefore ought to teach and instruct them in the Catholike faith and in all other things which are necessary to saluation as also euery Bishop is a spirituall Pastour in his owne Dioecesse and therefore ought to teach and instruct all those that are committed to his charge in the Catholike faith and in all other things necessarie to the health of their soules because as Cardinall Bellarmine well affirmeth Bell. l. 5. de RoÌ„ Pont. c. 3. that which the Pope is in the vniuersall Church is euery Bishop in his particular Dioecesse and those words Pasce oues meas Feed my sheepe Bell. l. 2. de Rom. Pont. c. 12 in sine Edit antiquâ—â— saith he and such like which are spoken to Saint Peter in regard of the Pastorall office are vnderstood to be spoken to all Pastors yet as no man is bound to beleeue with Catholike faith which the Bishop of the Dioecesse doth define or determine to be of faith so long as there is a controuersie among learned Catholikes concerning the certaintie of that doctrine for that it is certaine and agreed vpon by all Catholikes that euery particular Bishop may erre in his definitions and consequently they cannot be any assured and infallible grounds of the Catholike faith So also proportionally no man is bound to beleeue with Catholike faith any doctrine whereof there is a controuersie among learned Catholikes albeit the Pope without a generall Councell shall define it to be of faith for that it is a controuersie among learned Catholikes whether the Pope defining without a generall Councell can erre or no and consequently vntill this controuersie be decided and determined by a generall Councell or the vniuersall acceptance of the Church as a point of faith such his definitions can be no assured and infallible grounds of true Catholike faith 87 And if you demaund that seeing the Pope is the supreme spirituall Pastour of all the faithfull and therefore ought to teach them the Catholike faith and direct them in the way to saluation why are not all Christians bound to heare his voyce and to embrace all that he shall teach them and to obey him in all that he shall commaund him I answere with the like demaund seeing that euery Bishop is the spirituall Pastour of all the faithfull within his Dioecesse and therefore ought to teach them the Catholike faith and direct them in the way of saluation why are not all the faithfull within his Dioâ—cesse committed to his charge bound to heare his voyce and to embrace all that he shall teach them and to obey him in all that he shall commaund them 88 But perchance you will say that the Pope is the supreme spirituall Pastour and his commaundements are Apostolicall as Mr. Fitzherbert in this Treatise often vrgeth against me the authoritie of the supreme spirituall Pastor his Apostolicall Breues and commandement therfore there is a great disparitie betwixt the Pope and the inferiour Bishops True it is that there is a great disparitie and difference betwixt the Pope who is the supreme Pastour and other Bishops who are not supreme but as there is a great disparitie betwixt them so there is a great difficultie and controuersie among learned Catholikes in what this disparitie and this supremacie of the Pope doth consist which were to long to examine at this present perchance hereafter if my Aduersaries will vrge me thereunto I shall treate of this disparitie and the Popes Supremacie more at large In the meane time all Catholikes doe agree in this that the Popes Supremacie doth not consist in this that he cannot command any vnlawfull thing and contrary to the law of God or that he cannot teach false doctrine and contrary to the word of God or that he cannot exceede the authority which Christ hath granted him or that hee cannot challenge to him a power or Iurisdiction as due to him which Christ hath not giuen him Yea and according to the doctrine of many famous and learned Catholikes cited by me elsewhere t In disp Theol. cap. 10. § 2 nu 27. the Popes Supremacy doth not consist in this that he cannot erre and bee deceiued in his definitions albeit they bee directed to the whole Church if he define without the approbation of a generall Councell or the acceptance of the vniuersall Church and consequently such his definitions cannot be certaine and infallible grounds of true Catholike Faith 89 Neyther are his commandements definitions or letters called Apostolicall for that they are alwayes conforme to the law of God and to the doctrine of the Apostles neyther is his authority called Apostolicall for that he hath alwayes the assistance of the holy Ghost anexed to his Decrees and doctrine in that manner as the Apostles had but chiefly and principally for that he is the successour of S. Peter the first Apostle and hath authority and iurisdiction ouer all Christians as the Apostles and principally S. Peter had although not with the like infallibility and continuall assistance of the holy Ghost And so the parity doth still remaine betwixt the Pope and other Bishops notwithstanding his Primacie in that both are Pastours and therefore are bound by their pastorall function to feede their sheepe to instruct them in the Catholike faith and to direct them in
and suppose it to be vnlawfull as being forbidden by some former law they haue no more force to binde as Fa. Suarez expresly affirmeth Suarez l. 3. de Leg. c. 20 nu 10. then hath the reason whereon they are grounded So that if the reason be certaine then we are bound to obey if it be onely probable wee are no more bound to obey that declaratiue commaundement then we are bound to follow the Popes opinion against the probable opinion of other learned Catholikes All this and much more touching declaratiue and constitutiue precepts and his Holinesse Breues in particular which doe onely containe a declaratiue precept forbidding Catholikes to take the Oath for that it containeth many things flat contrary to faith and saluation I declared in my Theologicall Disputation x Ch. 10. sec 2. which is aboundantly sufficient to free me and other English Catholikes from all note of disobedience for not obeying in this doubtfull and disputable matter his Holinesse Breues and his declaratiue precept contained therein which is so preiudiciall to his Maiesties authority and so dangerous to his Catholike subiects not being able to finde any one thing therein which is repugnant to faith and saluation especially humbly propounding to his Holinesse the reasons of our doubts and earnestly requesting to bee satisfied therein But Mr. Fitzherbert thought it fit for his purpose to vrge against mee the obiections which I there answered and to taxe me not onely of disobedience but also of errour and heresie and to conceale the answeres which I made thereunto wherein he plainely discouereth his vnsincere dishonest and vncharitable proceeding and that his onely drift is to disgrace mee with his Reader and not to examine vprightly the truth of the cause 95 To conclude therefore this digression it is euident by the premises that if the Pope without a generall Councell define any doctrine to be hereticall erroneous or temerarious and command all Catholikes to belieue the same no Catholike is bound or ought to belieue with Catholike faith that doctrine to be hereticall erroneous or temerarious for this respect onely because the Pope hath defined and commanded the same for that it is a controuersie among learned Catholikes whether he hath any such authority infallibly to define or no and consequently neither his definitions nor his declaratiue commandements grounded thereon can be certaine and infallible grounds of Catholike faith And thus much touching inward beliefe But secondly if the Pope command that none shall preach or teach against his definitions or Breues then wee must obserue that golden rule of learned and deuout Gerson that if we neither perceiue any manifest errour against faith in his definitions or Breues nor that by our silence some great scandall shall arise to Catholike faith we must not dogmatize against them otherwise wee must speake freely and feare no Censures See his words aboue Chap. 14. num 39. But notwithstanding this document of Gerson if any learned man hath doubts and difficulties which doe trouble his conscience concerning the verity or lawfulnesse of the Popes definitions or Breues when they are greatly prejudiciall to a third person especially to a whole kingdome it is lawfull for him according to the doctrine of Sotus and others before rehearsed to propound humbly to his Holinesse the reasons of his doubts desiring to bee satisfied therein for this is not to dogmatize or to teach or preach publikely against them although this also according to Gerson be sometimes commendable yea and necessary but it is a desire to bee taught and instructed concerning the veritie or lawfulnesse of them 96 Thirdly if the Pope should excommunicate nominatim by name all those that shall teach preach or write against his definitions or Breues in case they perceiue great scandall to arise to Catholike faith if they be silent and doe not oppose themselues or should excommunicate nominatim those who shall write Supplications to his Holinesse to be taught and instructed concerning the veritie or lawfulnesse of his definitions or Breues whereof they haue great doubts and difficulties which doe perplexe their conscience then they must remember that saying of our Sauiour wherewith Gerson concludeth his golden document that Blessed are they that suffer persecution for iustice and let them assure themselues that they are vniustly excommunicated and free before God howsoeuer the Pope hath tyed them by his Censure and therefore they may in this case carry themselues in that manner as those who are not excommunicated in the sight of God though by presumption which often deceiueth and is deceiued they may bee thought by many persons who know not their innocency to bee excommunicated Yet they must not contemne the Censure but also for feare of scandall obserue it in the face of the Church although secretly and when no scandall is like to arise they may doe all that which if they had not beene excommunicated they might haue done and they who know their innocency may in like manner conuerse with them secretly and without scandall as they might before But notwithstanding any such excommunication they may still write supplications to his Holinesse vntill hee shall instruct them and may still appeale to his Holinesse ad melius informandum to informe him better and to desire to be fully instructed propounding humbly the reasons of thâ—â—rdoubts 97 Lastly if the Pope or the Cardinalls of the Inquisition shall forbid Catholikes to read or keepe certaine bookes to know whether and by whom such bookes may without any licence be read and kept or no learned Catholikes must diligently obserue for what reason ground cause or end they are forbidden to be read to wit whether for that they are repugnant to faith or good manners and also they must carefully consider the natures properties and differences of declaratiue and constitutiue precepts and that according to the common doctrine of Diuines whensoeuer the reason or end of any law doth generally cease the obligation also of that law doth cease So that if the bookes are forbidden for that they are repugnant to faith and therevpon may be dangerous to soules and this reason is not true but onely pretended and falsly supposed the reason end and cause of this prohibition doth altogether cease to him who seeth this false pretence And this obseruation I haue set downe chiefly for learned men For those that be vnlearned must bee guided and directed by vertuous discreet and learned men which learned men who take vpon them to guide and direct others if through affectate and wilfull ignorance they doe erre for that they will not duly examine the matter when they haue sufficient cause to doubt thereof but either for feare or flattery will beleeue with blinde obedience the Popes or Cardinalls words knowing certainly that they may erre and oftentimes haue erred and now haue sufficient cause to doubt and consequently to examine whether at this present they haue erred or no seeing that learned Catholikes doe in
Cages for stalles to draw other birds with their chirping into their nets and snares Also that thou wilt ballance thy obligation to man with thy dutie to God and the losse of thy temporall goods with the gaine of euerlasting glory from the which the Diuell seeketh by his meanes to debarre thee and therefore I wish thee euer to beare in minde this comfortable lesson of the Apostle 2 Cor. 4. Quod momentaneum leue est tribulationis nostrae aeternum gloriae pondus operatur in nobis 125 But on the contrary side I hope thou wilt bee warie good Catholike Reader and diligent first to discouer the manifest fraud and falshood of this vnlearned and vncharitable man thereby to auoyde the danger of his slanderous and poisoned pen in propounding to thee a new article of faith so preiudiciall to the supreame authority of temporall Princes so dangerous to thy owne spirituall and temporall good so repugnant to the example and practise of Christ and his Apostles and of the whole primitiue Church vnknowen to the ancient Fathers vntill the time of Pope Gregory the seauenth which at the first broaching thereof was branded with the marke of nouelty This nouelty not to say heresie Sigeb ad ann 1080. Onuph lib. 4. de varia creat Rom. Pont. saith Sigebert A thing vnheard of before that age saith Onuphrius and lastly not confirmed by any one argument which hath any shew of a probable proofe to confirme euen according to Cardinall Bellarmines grounds any doctrine which hath beene in controuersie among learned Catholikes to be certaine and of faith and the contrary to be hereticall 126 Secondly that thou wilt ponder all this matter in the iust ballance of prudence that is to say that thou wilt counterpoise his vaine pretended Catholike faith newly broached in the Christian world and the childish and ridiculous arguments brought to conuince the same with the example of Christ and his Apostles with the practise of the primitiue Church with the doctrine of the ancient Fathers with the authority of learned Catholikes who were neuer accounted heretikes or ill belieuers for impugning the same 127 Thirdly that thou wilt call to minde what is required euen according to Cardinall Bellarmines grounds to make a matter of faith so that all Catholikes are bound to beleeue the same and that all the Acts euen of generall Councells doe not appertaine to faith but onely the bare Decrees and those not all but those onely which are propounded as of faith * See also Estius in Praefat epist ad Hebraeos Where also he affirmeth it to be probable that Dauid did not make all the 150. Psalmes although the Councell of Trent in the Decree of Canonical Scriptures expresly mentioneth Dauids Psalter of a 150. Psalmes Whereby thou maiest plainly see that he hath brought no one argument which hath any colour of a probable proofe drawne either from the practise of some Popes which he falsly and fraudulently calleth the practise of the Church or from any Canon or Decree of Pope or generall Councell or from any other authoritie whatsoeuer to prooue this doctrine of the Popes power to depose Princes to be a point of faith and that the Councell of Lateran doth neither treate of the deposition of absolute Princes nor propound the doctrine whereof it treateth as of faith 128 Fourthly that thou wilt consider the doctrine of Sotus before rehearshed not onely concerning the Popes dispensations in lawfull and valide matrimony when carnall copulation doth not follow so often practised by diuers Popes which neuerthelesse hee impugneth as not hauing any shew of probabilitie but also touching the dutie of subiects towards their Superiours when they command any thing which is preiudiciall to a third person and the Subiect is doubtfull of the lawfulnesse thereof Whereby thou wilt cleerely perceiue that it is no presumption to reiect the iudgement of his Superiour albeit he be our supreme Pastour when it is contrary to the iudgement of other learned Catholikes or not to obey his declaratiue commandement grounded thereon especially humbly propounding to him the reasons of his doubts Neither is it more presumption for any man to say that the Pope was deceiued in his Breues following the doctrine of Cardinall Bellarmine and some other Diuines of Rome who hold it a matter of faith that the Pope hath authority to depose temporall Princes seeing that many learned Catholikes haue euer maintained the contrary then it was for Sotus and many others of his opinion to say that all those Popes that dispenced in the aforesaid Marriages were deceiued following the doctrine of the Canonists 129 Fifthly that thou wilt weigh my sound Replyes and plaine dealing in propounding to thee sincerely the true state of euery difficultie and omitting nothing which he obiecteth against me with his childish and ridiculous arguments and answeres and false and fraudulent proceeding in seeking to confound thy vnderstanding with generall and ambiguous words and which haue diuers senses which hee omitteth to explaine and in vrging those arguments which I my selfe obiected and concealing the answeres which I made thereunto and in imposing vpon me many vntruths thereby to make some shew of impugning my answeres and in particular concerning the Lateran Councell which hee so often saith I doe impugne and then especially when I make no mention at all thereof whereas it is manifest that I doe not at any time impugne that Decree or Act but the exposition which he and some others make thereof and I doe expound it according to the grounds and principles of learned Catholikes both Diuines and Lawyers Also that thou wilt ballance thy dutie towards God with thy obedience due to Caesar and render to either of them that which is their due neither for feare of disgrace humane respect or any other temporall losse thou wilt so adhere to the Pope as to renounce thy allegiance due to thy temporall Prince from which the Deuill by my Aduersaries meanes vnder pretence of zeale to the Sea Apostolike seeketh to draw thee And therefore I wish thee euer to beare in minde the expresse commandent of our Sauiour Matth. 22. Render the things that are Caesars to Caesar and the things that are Gods to God and for thy more particular direction heerein especially to remember that vnboubted principle of Fa. Lessius which aboue in the Preface * nu 15. 16. I did also recommend to thy memorie A power which is not most certaine but probable cannot bee a ground or foundation to punish any man or to depriue him of his right and dominion De Regulis Iuris in 6o. and ff de Regulis Iuris In pari causa which he really possesseth for that according to the approued maxime both of the Canon and Ciuill law In a doubtfull or disputable case the state or condition of the possessor is to bee preferred 130 Lastly to that which this spitefull man obiecteth against me concerning my inward intelligence
therefore as in the end of that Disputation I affirmed I did faithfully set downe all the chiefest arguments which are vsually alledged as well against the taking of the Oath as in fauour thereof neither did I affirme any thing of my owne opinion but onely as representing the persons of them who of set purpose do publikely maintain that the Oath either may or may not be lawfully taken leauing it to the Fatherly care of your Holinesse that when you haue bin fully informed of the whole progresse of the matter and haue diligently examined all the reasons for which English Catholikes obeying the Kings cōmandement haue taken the Oath you will be pleased particularly to approue them or to condemne them that Catholikes in this so most weightie a matter which doth so neerely concerne the prerogatiue of your spirituall Authoritie and of his Maiesties Royaltie being fearefull to resist your Holinesse precept declared in your Breues and also being desirous to obey as much as with a safe conscience they may his Maiesties commaund may cleerely perceiue which particular clauses of the Oath they are bound to admit and which they are bound to reiect and may in plaine and expresse tearmes without any ambiguity of words be instructed by your Holinesse in what manner they may satisfie their owne conscience your Holinesse will and also his Maiesties desire concerning all the particular parts of the Oath For as they are very ready to hazard their whole temporall estate and also to loose their liues for the Catholike faith which by the Church to whom this office belongeth to define matters of faith and not to priuate Doctours who may deceiue and be deceiued is declared to be truely the Catholike faith so doubtlesse they are vnwilling to expose themselues their whole Family and Posterity which this our age doth so much labour to aduance to eminent danger of their temporall vtter ruine onely for opinions although they be maintained by the greater and better part of Diuines so that others although farre fewer in number doe defend the contrary But as they are desirous with all their hearts to obey your Holinesse in spirituall matters and in those things which cannot be omitted without sinne so also they might iustly thinke themselues to be more hardly vsed then children are wont by their Parents if in these times specially wherein by reason of the Catholike faith which they professe they haue grieuously incurred his Maiesties high displeasure who is of a contrary Religion they should without sufficient reason be forbidden to giue that temporall Allegiance to his Maiestie which they perswade themselues to be by the Law of Christ due to him hauing alwayes before their eyes that commaundement of Christ our Sauiour Render to Caesar the things that are Caesars and the things that are Gods Matth. 22. to God 11 And that your Holinesse may yet more cleerely perceiue that this my Disputation of the Oath which is rather to be called a most humble Supplication to your Holinesse was written in manner of an humble Petition I thinke it not amisse to repeate also word by word these very last words of my Epistle to your Holinesse 12 This therefore most Holy Father is our most humble Supplication to your Holinesse First that your Holinesse will be pleased to examine diligently the reasons for which our English Catholikes doe thinke the Oath may lawfully be taken and whereof they are perswaded your Holinesse is not yet rightly informed Secondly that after you haue throughly examined them you will vouchsafe in regard of your Pastorall carefulnesse to instruct them what parts of the Oath are I doe not say according to the probable opinion of some Dhctours but according to Catholike doctrine necessarily to be belieued by all Christians repugnant to faith and saluation and therefore cannot be taken by any Catholike with a safe and probable conscience Thirdly that if your Holinesse shall find that you haue not beene rightly informed of those reasons for which our English Catholikes are of opinion that the Oath may lawfully be taken and that therfore they haue not in a matter of so great weight proceeded rashly and vnaduisedly you will be pleased receiue them and their Priests into your ancient fauour and that if they or any of them haue not through their owne fault but through the indiscreet zeale of others suffered any losse or detriment in their good names or other wayes it may be restored againe to them in that best manner as shall seeme conuenient to the charitie iustice and wisedome of your Holinesse 13 Now what there is contained in this our humble Petition against which your Holinesse hath iust cause to take so high displeasure that you will not accept thereof I remit to the iudgement of indifferent men but especially of your Holinesse For by that which we haue said it doth manifestly appeare that this Disputation of the Oath was for that end composed by me to informe your Holinesse who is the supreme Pastour of the Catholike Church and to whom Christ our Lord hath giuen charge to feede his sheepe not onely with precepts and Censures but also with the word of Doctrine and to instruct them in the Catholike faith truely of our state and to propound vnto your Holinesse sincerely and with all dutifull submission those doubts and difficulties which both to my selfe and to other Catholikes doe occure about this new Oath which is commaunded by his Maiestie forbidden by your Holinesse and daily taken by almost all Catholikes of the better sort to whom it is tendred yea euen by those who haue the Iesuits for their Directours howsoeuer these Fathers doe in outward shew seeme to condemne the same that after your Holinesse had duely examined the reasons and arguments which are vsually alledged on both sides against and for the taking of the Oath you would be pleased to satisfie our consciences and to make knowne vnto vs what parts of the Oath may according to the principles of the Catholike faith be lawfully and what parts may not lawfully be taken and lastly to declare vnto vs which be those many things which your Holinesse being not rightly informed by some as we imagine hath affirmed in your Breues to be cleerely repugnant to faith and saluation for no man be he neuer so great an enemie to the Oath dare auouch that all things contained in the Oath are repugnant to faith or saluation 14 Now I beseech your Holinesse to iudge first whether I the Authour of those Bookes who haue professed my selfe to be a Catholike and a Child of the Catholike Romane Church and haue subiected all my writings to her iudgement and Censure with that submission that whatsoeuer should not be approoued by her I would disprooue condemne and haue it for not written ought to be iudged by the Supreme Pastour and Father of the Catholike Church to be no Catholike nor a child of the Catholike Church If I be no Catholike doubtlesse I must bee