his Successours haue authoritie to create depose and punish Princes temporally it doth likewise follow that the rest of the Apostles and their Successours haue the same authoritie ouer Kings and Princes who are subiect to them spiritually 11 Secondly those wordes of our Sauiour whatsoeuer thou shalt bind c. are to be vnderstood as I answered in my Apologie nu 36. of spirituall not temporall bindings and loosings to absolue from sinnes not from debts to vnloose the bonds of the soule not of the body to open or shut the gates of the kingdome of heauen not of earthly kingdomes to giue or take away spirituall goods graces and benefits not temporall goods lands kingdomes or liues When it was said to S. Peter saith S. Augustine I will giue thee the keyes and whatsoeuer thou shalt bind c. he signified the vniuersall Church The rocke is not from Peter but Peter from the rocke vpon this rocke which thou hast confessed Aug. trac 124. in Ioan. I will build my Church The Church therefore which is founded on Christ receiueth from Christ the keyes of the kingdome of heauen that is power to binde and loose sinnes And againe beneath saith S. Augustine Peter the first of the Apostles receiued the keyes of the kingdome of heauen to bind and loose sinnes So also S. Ambrose S. Chrysostome S. Fulgentius Ambr. lib. 1. de paenit c. 2. Chrysost Theoph. in Mat. 16. Fulgent Eus Emiss vbi supra Bernard l. 2. c. 6 de considerat Hug. Vict. tom 2. serm 64. Iust Monast Laurent Iust de casto connub verbi animae c. 10. Eusebius Emissen Theophylact S. Bernard Hugo de S. Victore Laurentius Iustinanus and infinite others vnderstand those words of our Sauiour of binding and loosing soules and sinnes Neither is there any one of the ancient Fathers or Doctours before Pope Gregorie the seuenth that wrested them to the giuing or taking away from any man whatsoeuer according to their deserts Empires Kingdomes Princedomes Dukedomes Earledomes and the possessions of all men Quia si potestis saith hee k In the Excommunication of Henry the 4. in the eight Roman Councel held by him in the yeere 1080. Iansenius c. 148. Concord Theophy in c. 21. Ioan. Basil in l. de vita solitar c. 23. in caelo ligare soluere potestis in terra Imperia Regna Principatus Ducatus Marchias Comitatus omnium hominum possessiones pro meritis tollere vnicuique concedere 12 I grant likewise that Pascere to feede is taken also for Regere to gouerne but not as a King gouerneth his kingdome but as a Sheepheard gouerneth his flocke as well obserueth Iansenius vpon this place of S. Iohn Christ saith Theophylact doeth not make Peter a Lord nor a King nor a Prince but commandeth him to be a Sheepheard Wherefore as those words whatsoeuer thou shalt bind c. are to be vnderstood of spirituall not temporall bindings and loosings and were spoken not only to Saint Peter but also to the rest of the Apostles so also these wordes Feede my sheepe are to be vnderstood of spirituall feeding or gouernment and doe belong not onely to S. Peter but also to the rest of the Apostles whom S. Peter did represent Atque hoc ab ipso Christo docemur c. saith S. Basill And this wee are taught by Christ himselfe who appointed Peter the Pastour of his Church after him For Peter saith he doest thou loue me more then these Feede my sheepe and consequently hee giueth to all Pastours and Doctours the same power whereof this is a signe that all doe equally bind and loose after that manner as he Feede my sheepe saith S. Ambrose which sheepe and which flocke Amb. de dignit sacerd c. 2. not only blessed Peter did then take to his charge but hee did take charge of them with vs and all we tooke charge of them with him For not without cause Aug. de agone Christiano c. 30. saith S. Augustine among all the Apostles Peter sustained the person of this Catholike Church for to this Church the keyes of the kingdome of heauen were giuen when they were giuen to Peter amd when it is said to him it is said to all Doest thou loue Feede my sheepe Let Bishops and Preachers of the word heare saith Theophylact what is commended to them Theoph. in c. 21. Ioan. Bell. lib. 2. de Rom. Pont. c. 12. in fine Edit Ingolstad anno 1580. Feede saith Christ my sheepe c. Certaine things saith Cardinall Bellarmine are said to Peter in regard of the Pastorall office which therefore are vnderstood to bee said to all Pastours as Feede my sheepe and confirme thy brethren and whatsoeuer thou shalt bind c. But of this my second answere more beneath l nu 21. seq where you shall see in what fraudulent manner D. Schulckenius replyeth to the same 13 Now you shall see what necessarie consequents Mr. Fitzherbert hath drawen from those words of our Sauiour spoken to S. Peter Whatsoeuer thou shalt bind c. and Feede my sheepe For as much saith he m nu 33. p 87 Suppl nu 61. at there can be no good gouernment of men without chastisement when iust occasion requireth it followeth that Christ giuing the gouernment of his Church to S. Peter and so consequently to his Successours gaue them also power to chastise and punish such as should deserue it Whereupon it followeth that seeing all Christian Princes are sheepe of Christs fould and to be gouerned and guided by their supreme Pastour they cannot exempt themselues from his iust chastisement when their owne demerites and the publike good of the Church shall require it And this I say not onely of spirituall but also of temporall and corporall correction 14 But first I willingly grant that Christ giuing the gouernment of his Church to S. Peter and also to the rest of his Apostles and also consequently to their Successours gaue them also power to chastise and punish all those that are sheepe of Christs fould and consequently also all Christian Princes when their demerites and the publike good of the Church shall require it But I vtterly denie that this chastisement is to be vnderstood as Mr. Fitzherbert saith not onely of spirituall but also of temporall and corporall correction For as Christ our Sauiour hath instituted his Church a spirituall and not a temporall Commmon-wealth and consequently granted her power to giue only spirituall goods graces and benefites not temporall goods lands or kingdomes so also the spirituall Pastours or Gouernours thereof haue authoritie by the institution of Christ to chastise and punish spiritually not temporally or which is all one to inflict spirituall not temporall punishments and to depriue their spirituall sheepe and subiects of those spirituall goods which they haue receiued from the Church and by being Christians and not of those temporall goods which they had before they became Christians and which they
materially of an equall or not inferiour order and excellency then the things figured so that formally as they are figures or in that they are figures they are lesse perfect and excellent then are the things figured Now this Doctour doth craftily take here figures and the things figured not formally and according to that wherein they are figures but materially for otherwise as you shall see he saith nothing to the purpose and to the confuting of my answere For neither Manna nor the Paschall lambe are figures of the Eucharist as the accidents of the Eucharist doe concurre to the nourishing of the body but onely as they are profitable to the nourishing of the soule Neither was corporall leprosie or the separation of lepers from ciuill conuersation a figure of spirituall leprosie and of Ecclesiasticall separation or Excommunication as corporall leprosie doth infect the body and Excommunication doth separate from ciuill conuersation but only as spirituall leprosie doeth infect the soule and Ecclesiasticall Excommunication doth separate from Ecclesiasticall or Spirituall communion for that a figure must in all those things wherein it is a figure be more noble and excellent then is the thing which is figured And therefore as Cardinall Bellarmine very well obserueth q Lib. 1. de Missa cap. 7. to fulfill a figure is not to doe that very thing which the law prescribeth to bee done but to put in place thereof some thing more excellent which to signifie that figure did goe before as Christ did not fulfill the figure of Circumcision when he himselfe was circumcised but when hee ordained Baptisme in the place thereof Thus Card. Bellarmine 148 From whence it euidently followeth that the separation of corporall lepers in the old law from ciuill conuersation could not bee a figure of the separation of spirituall lepers also from ciuill conuersation for that ciuill conuersation is one and the self same thing and not another thing more excellent which according to Cardinall Bellarmines doctrine must succeede in place of the figure but the fulfilling of this figure must bee the separating of spirituall lepers from spirituall or Ecclesiasticall conuersation And therefore although Ecclesiasticall Excommunication hath by the lawes of the Church annexed vnto it in that manner as I haue before declared the excluding by way of commandement from ciuill conuersation if otherwise by the law of GOD and nature we are not bound ciuilly to conuerse yea and also according to Cardinall Bellarmine the depriuing of temporall kingdomes or at leastwise of the administration thereof yet the separating of lepers in the old law from ciuill conuersation or the depriuing them of temporall kingdomes or administration could not according to Cardinall Bellarmines grounds bee a figure of Ecclesiasticall Excommunication in the new law as Excommunication is pretended to worke the same effects but onely as it worketh more excellent effects to wit the separating of the faithfull from spirituall conuersation and excluding them from the kingdome of heauen 149 Wherefore if wee doe respect onely the nature and propertie of a figure it is euident that Cardinall Bellarmine according to his owne principles hath not any way prooued that because corporall leprosie and the punishments annexed thereunto in the old law to wit the depriuing of temporall kingdomes Iurisdiction or administration as Cardinall Bellarmine contendeth was a figure of spirituall leprosie and of the punishments annexed thereunto in the new law therefore the same punishments to wit the depriuing of temporall dominion Iurisdiction or administration were figured by them and consequently may now by vertue of the figure bee ordained against spirituall lepers for this were not according to Cardinall Bellarmines doctrine to fulfill the figure and to put in place thereof something more excellent but to put that very same thing which the law in that figure prescribed to be done And therefore Cardinall Bellarmine must bring better arguments vnlesse he will quite discredit himselfe and his cause drawne from other heads then from the figure of leprosie and of separating lepers from ciuill conuersation which according to his owne principles doth as you haue seene make cleere against him to prooue that spirituall Pastours either by vertue of Excommunication or in any other manner haue authoritie to depriue temporall Princes of their kingdomes and dominions or of any temporall administration or Iurisdiction 150 Lastly whereas in the end of this my answere I affirmed as you haue seene that Cardinall Bellarmine did not truely and entirely set downe the words of the Apostle 1. Cor. 10. And all these things chanced to them in figure for that hee left out that word these which is a relatiue and hath relation onely to those things whereof the Apostle spake before among which corporall leprosie is none and hee affirmeth him to say And all things chanced to the Iewes in figure this Doctour maketh much adoe and laboureth in vaine to excuse Card. Bellarmine And first hee answereth u pag. 553. that Cardinall Bellarmine did not produce the words but the sense of St. Paul but it is certaine that the Apostle did not intend to say that those things onely which hee mentioned in that Chapter did chance to the Iewes in figure but those and other like to them 151 But first this answere is not agreeable to Card. Bellarmines owne words The Apostle saith 1. Cor. 10. saith Cardinall Bellarmine that all things did chance to the Iewes in figure and what I pray you is to say that the Apostle saith so then to produce the Apostles words Secondly although it bee certaine that the Apostle did not intend to say that those things onely which hee mentioned in that chapter did chance to the Iewes in figure yet it is certaine that the Apostle in that chapter did onely say that all these things and not all things absolutely as Cardinall Bellarmine affirmeth him to say did chance to the Iewes in figure Thirdly albeit S. Paul knew right well that not onely all those altogethere mentioned but many other such like dioâ—ce to the Iewes in figure yet it was sufficient for his purpose in that place onely to affirme that all those things there mentioned and not that all things absolutely did chance to the Iewes in figure neither was it necessarie that the Apostle should in that chapter say all hee knew it was suffient for him to say in that chapter onely that which did suffice for his present purpose Wherefore this Doctour must distinguish betwixt knowledge which is in the vnderstanding and meaning which is in the will and so hee may see that the Apostle knew right well that not onely those things there mentioned but those and other such like did chance to the Iewes in figure and yet onely meant to say in that place that all those things there mentioned and not all those and other such like did chance to the Iewes in figure Neither did St. Paul meane otherwise then the words which he spake did signifie but it is
cleanse the soule of spirituall vncleannesse which doeth barre men from entring the Celestiall tabernacle created by God alone and as the Priests the old law had authoritie according to my Aduersaries false Doctrine to create annoint punish and depose earthly Kings so the Priests of the new law haue authoritie to create annoint punish and depose spirituall Kings to create institute and make them heires to the kingdome of heauen by the Sacrament of Baptisme to annoint them with the oile of grace by the sacrament of Confirmation to punish them with spirituall and Ecclesiasticall Censures to depose or exclude them in some sort from the kingdome of heauen by denying them sacramentall absolution 8 In this manner should Mr. Fitzherbert haue argued from the figure to the veritie by which wee can onely proue that the Priests of the new law can create annoint punish and depose Kings in a more higher Bell. lib. 1. de Missa cap. 7. and not in the same degree for as Cardinall Bellarmine well obserued to fulfill the figure is not to doe that very thing which the law prescribeth to be done but to put in place thereof some thing more excellent which to signifie that figure did goe before as Christ did not fulfill the figure of Circumcision when hee was circumcised himselfe but when hee ordained Baptisme in place thereof and so the Priests of the new law doe not fulfill the figure of the Leuiticall Priesthood by creating annointing punishing and deposing earthly Kings in the same materiall manner as the Priests of Leui did but when they create annoint punish and depose spirituall Kings to wit Christians who by Baptisme are made heires to the kingdome of heauen with spirituall creation vnction chastisement and deposition as I haue declared before And by this the Reader may cleerely perceiue that Mr. Fitzherbert hath not sufficiently prooued either that the Priests of the old Testament had authoritie to create depose or punish temporally their Kings by way of temporall constraint for no man maketh doubt but that the Priests hoth of the olde and new law haue authoritie to annoint Kings it being only a sacred and religious ceremonie and to punish temporally by way of command and by declaring the law of GOD as to enioyne fastings almes-deedes and other corporall afflictions c. and to declare that this or that King shall be deposed if GOD shall so reueale because all these are meere spirituall actions or else that albeit wee should grant as my Aduersaries vntruely suppose that the Priests of the old law had the aforesaid authoritie to create depose and punish Kings temporally yet therefore from thence any probable and much lesse a potent argument as this man pretendeth can be drawne as from the figure to the veritie to proue that the Priests of the new law must have authoritie to doe the same things but onely to do things more excellent and of an higher degree and order as the body is more excellent and more perfect then the shadow the verity then the figure Christ then Moyses the new Law then the old heauenly kingdomes then earthly and Ecclesiasticall or spirituall Censures are of another nature order and degree then temporall or ciuill punishments 9 Now Mr. Fitzherbert goeth on to prooue also out of the new Testament that the Priests of the new law especially the chiefe Pastour of the Church of Christ haue authoritie to punish Princes not onely with spirituall but also with temporall and corporall punishments And therefore now to declare saith hee g nu 32. p. 87. how I proued the same further by the new law it is to bee vnderstood Psal 77. Isa 44. Psal 2. Matth. 2. Apoc. 19. Aug. in Ioan. Bel. l. 1. de Rom. Pont c. 12. ad 6. obiect that I vrged h Suppl vbi supra nu 59. to that end the commission giuen by our Sauiour to St. Peter not onely to binde and loose but also to feede his sheepe shewing by many texts of Scripture as also by the authoritie of S. Augustine that Pascere to feede is taken for Regere to gouerne whereupon I drew certaine necessarie consequents in those words c. 10 But concerning the authoritie giuen by Christ our Sauiour to S. Peter to bind and loose or which euen according to Card. Bellarmines doctrine is all one in substance with to feede his sheepe for that by those words I will giue thee the keyes of the kingdome of heauen and whatsoeuer thou shalt binde c. was onely promised to S. Peter saith Cardinall Bellarmine not giuen the power to binde and loose and the keyes of the kingdome which keyes hee as the principall and ordinarie Prefect Prelate or Gouernour then onely receiued when he heard Pasce oues meas Feede my sheepe I answere first that not onely S. Peter but also all the Apostles receiued the keyes of the kingdome of heauen and power to binde and loose and to feede the sheepe of Christs flocke seeing that as Christ saide to Saint Peter whatsoeuer thou shalt bind c. so he said to the rest of the Apostles what things soeuer you shall binde c. albeit I will not deny that Saint Peter was the first of the Apostles but in what consisteth this prioritie principalitie primacie or superioritie of S. Peter ouer the rest of the Apostles as likewise of the Pope ouer all other Patriarchs Primates Arch-bishops and Bishops of Christs Church there is yet a great controuersie betwixt the Diuines of Rome and of Paris and perchance hereafter I shall haue occasion to treate thereof more at large But that which for this present I intend to affirme is this that considering in those wordes of our Sauiour Tibi dabo claues c. I will giue thee the keyes c. Saint Peter represented the whole Church and not only to him but also to the rest of the Apostles and to the whole Church and Priesthood which Saint Peter did represent were promised the keyes and power to binde and loose as the holy Fathers and ancient Diuines doe commonly expound i As to omit Origen tract 1. in Matth. 16. Euseb Emis hom in Natali S. Petri. Theophylac in 1. Mat. 16. S. Ambr. in psa 38. lib. 1. de Paenit c. 2. Hieron lib. 1. contra Iouinian Aug. tra 50. 124. in Ioan. tract 10. in Epi. Ioan. in psal 108. Leo serm 3. in Anniu assumpt Fulgentius de fide ad Petr. l. 1. de remis pec c. 24. Beda Ansel in Mat. 16. Euthym. c. 33. in Matth. Haymo hom in fest Petri Pauli Hugo de S. vic l. 1. de Sacram. c. 26. alibi Durand in 4. dist 18. q. 2. â—yra in Mat. 16 Walden tom 2. doct fid c. 138. Cusanus l. 2. de Concord Cat. c. 13. 34. and commonly all the ancient Doctors of Paris if from the power to bind and loose promised to Saint Peter it doth necessarily follow that S. Peter and
making this Canon was to put in execution the holy lawes before enacted by Christian Princes for the rooting out of heretikes which lawes were not put in practise by the negligence of inferiour Gouernours Magistrates and Officers to whose charge the execution of iustice is immediately committed for which reason it was sufficient to comprehend in that Canon only inferiour Lords Gouernours Magistrates and Land-lords who were negligent to put in execution the godly lawes before enacted by pious Emperours and Kings for the repressing of heretikes but of this reason more beneath 29 Lastly the rule saith Mr. Fitzherbert holdeth not say the Lawyers when there is question of the publike good or the fauour of the Church or of the faith or of soules for in thesâ—â—ases penalties are to bee extended and the law interpreted in preiudice of the delinquent So as these rules doe helpe Widdrington nothing at all seeing that these exceptions which are admitted by the Law doe cleerely exclude the restriction which hee requireth by vertue of the rules 30 And the Lawyers also doe absolutely and without the aforesaide exceptions affirme the aforesaide rules to bee true Wherefore Sayrus citing diuers Lawyers for the same doeth by vertue of this rule except Abbots from Excommunication although Excommunication bee rather medicinall then penall and ought not to bee inflicted but for the good of the soule And Andreas Duuallius did by vertue of this rule exempt the King of France from the Canon Vnam sanctam of Pope Boniface the eight which neuerthelesse was made in fauour of the Church Neither is there any law either spirituall or ciuill which ought not to concerne the publike good neither hath the Pope any authority either directiue or coerciue graunted him but for the good of soules So as these rules according to the opinion of learned Lawyers and Diuines doe helpe mee greatly and fauour my doctrine concerning the not including in penall lawes Abbots Bishops and Kings vnder the generall names of Monkes Priests and Lords although they bee enacted for the publike good the health of soules and in fauour of the Church 31 But the maine and principall ground whereon I stand why absolute Princes are not comprehended in this Canon of the Lateran Councell vnder those generall wordes Dominus temporalis Dominus principalis is this as you haue seene before for that albeit I should grant my Aduersarie onely for disputation sake that in penall lawes and odious matters Abbots are included in the name of Monkes and Bishops in the name of Priests and Kings in the name of temporall Lords which neuerthelesse he will neuer bee able to conuince yet seeing that it is most cleare as Mr. Fitzherbert also confesseth that all lawes are limited according to the power of the Law-maker and that therefore the obligation both of Princes and Church lawes is extended onely to their owne subiects it necessarily followeth that temporall Princes cannot bee comprehended vnder any generall words in any Canon or constitution of the Church but onely in those things wherein they are subiect to the spirituall power of the Church From whence it cleerely followeth that if it bee probable as in very deede it is that the spirituall Pastours of the Church haue no authoritie by the institution of Christ to inflict temporall punishments or to depose temporall Princes it is also probable that this Canon of the Lateran Councell as also all other such like decrees wherein temporall punishments are in generall words inflicted vpon temporall Lords Gouernours or Land-lords was not made by spirituall but by temporall authoritie and therefore cannot comprehend absolute Princes who in temporals and for as much as concerneth the inflicting of temporall punishments are supreame on the earth and not subiect to the spirituall power of the Church but that it was either made by the authority consent of all temporall Princes if wee will needes haue it to binde all Christian Kingdomes or else that it hath force onely to binde in the Popes dominions wherein he hath the place both of a spirituall Pastour and also of a temporall Prince 32 And whereas Widdrington giueth an instance saith Mr. Fitzherbert i Pag. 153. num 8. without any quotation of Law or Author that Bishops and Abbots are not included in penall lawes except they be mentioned it is true in Bishops in the case onely of suspension or interdict from the which they are by an expresse Canon exempted except they be named as it appeareth in the Decretals lib. Tit. 11. cap. 4. §. Quia periculosum Glossa ibidem in verbum suspensionis 5. de sententia excommunicationis where also the Glosse saith expressely that they are not priuiledged from a generall penaltie of Excommunication because the Pope who giueth them the aforesaid priuiledge would not haue them to be exmpted from the Canon Si quis suadente and such like which inflict the penalty of Excommunication in generall tearmes and the same is to be said of Abbots or any other persons of dignitie to wit that they haue no exemption from the generall tearmes of penall lawes except they be priuiledged namely by some expresse Canon And therefore when my Aduersary shall shew me such a Canon whereby Princes haue the priuiledge that he pretendeth in their behalfe I will grant that he hath reason to exempt them from the Canon of the Councell of Lateran In the meane time he hath no more probability in this poynt then in the former 33 But first I neuer said as Mr. Fitzherbert to make some colour of a probable answere falsely layeth to my charge that Bishops or Abbots are not included in penall lawes except they be mentioned For I make no doubt but that they are included in penall lawes vnder such generall words which denote no particular dignity order degree or function of Christian men and that therefore they are included in the Canon Si quis suadente Diabolo and in the Canon Omnis vtriusque sexus but that which I said was that in penall lawes and odious matters Bishops are not included in the generall name of Priests nor Abbots in the generall name of Monkes And for the proofe thereof I brought neither Canon nor Author for that I thought it so manifest that no man of any reading would make doubt but that learned Lawyers and Diuines doe affirme the same But now finding my Aduersary for want of reading learning or sincerity to make doubt thereof I haue brought as you haue seene to prooue the same both learned Lawyers and Diuines and also a Canon of Pope Innocent himselfe who called and ended this Councell of Lateran wherein he declareth that he doth not intend in his commissions to comprehend vnder a generall clause greater and worthier persons when lesse worthie and lesse noble persons are expressed And therefore seeing that I haue now shewed him both learned Authours and also a Canon of Pope Innocent himselfe to prooue that Bishops are not in penall lawes comprehended
aforesaid rule to prooue that the Pope by the institution of Christ hath a disposing power ouer the body and ouer corporall and temporall goods because he hath power ouer the soule both for that the aforesaid rule is not generally true and especially as I obserued out of the Glosse when in the accessorie there is not the same reason which is in the principall as there is not the same reason that a spirituall Pastour can dispose of the bodie and of corporall or temporall goods because he can dispose of the soule and of spirituall goods but chiefly for that our Sauiour Christ gaue to S. Peter and his Apostles all their spirituall and Pastorall power long before that rule of humane law was ordained and whether it were ordained before or after it is manifest that our Sauiour was not tyed to giue any power to S. Peter and the Apostles by force and vertue of any humane law neither can the institution of Christ depend vpon any rule which is grounded onely in humane law 37 But if my Aduersaries meaning bee that the aforesaid rule The accessory followeth the principall is grounded in the Law of God or nature so that abstracting from all humane lawes yet either by the institution of Christ or by a necessary sequell or consequence drawne from the light of naturall reason it is alwayes true I say alwaies true for otherwise if the rule be not generally true there can no inuincible argument be concluded from that rule to prooue that hee who hath the principall must of necessity haue the accessory or who hath power ouer the principall must of necessity haue power ouer the accessory then this rule may rather be called a rule or Maxime of Logike then a rule of Law and it is taken from that Topike place which the Logicians call The place of Antecedents and in sense it is all one with this dialecticall axiome Posito antecedenti necesse est poni consequens the Antecedent being put the consequent must of necessitie be put or follow or if we call the antecedent the principall and the consequent the accessory the principall being put the accessory must of necessity follow or which is all one the accessorie doth necessarily follow the principall 38 But in this sense neither can bridles be said to be accessory to horses for that horses can consist without bridles neither can any separable accident to vse the Logicians terme be said to bee accessory to the substance and so neither musicke physicke or any other Art can be said to be accessory to the soule for that the soule can consist without any of these Arts neither can the mortall body it selfe be said to be accessorie to the immortall soule for the soule can consist without the body neither can the goods of fortune as honour dignitie riches earthly kingdomes c. nor the goods of the body as health libertie and other bodily contentments be said as my Aduersary would haue them to be accessory in any man to the good of his soule and his eternall saluation which is the last end to which hee ought to referre all his corporall and temporall goods and miseries for that any man may attaine to eternall saluation and haue spirituall and iustifying grace which is the onely meanes to attaine thereunto without any worldly riches or preferments and without any bodily comforts and contentments albeit in another sense all the former inferiour things may bee called accessory for that they are ordained and referred to the other more worthy noble and principall things 39 Neuerthelesse I doe not deny as I haue often said that Christ our Sauiour hath giuen to Saint Peter and his Successours sufficient power to gouerne his Church by spirituall meanes and consequently power to command both spirituall and temporall things in order to spirituall good and to chastise the transgressours of his iust command with spirituall and Ecclesiasticall Censures for that all these are spirituall meanes and comprehended in spirituall gouernment And because the commanding of spirituall and temporall things in order to spirituall good is by the institution of Christ annexed to spirituall gouernment or the power to command temporall things which is the lesse noble and therefore may be called accessorie is by the institution of Christ annexed to the power of commanding spiritual things which being the more noble may be called the principall therefore from that maxime of the Logicians there may be drawen a good argument supposing the institution of Christ that if the Pope hath power to command spirituall things in order to spirituall good he hath power also to command temporall things in order to the same spirituall good not for that temporall things are per se and of their owne nature subiect and subordained to spirituall things except onely in worth and nobilitie or that temporall things are the accessorie and spirituall things the principall taking accessorie and principall as I haue before declared but for that the power to command spirituall things is the principall or antecedent and the power to command temporall things in order to spirituall good is the accessorie or consequent and by the institution of Christ annexed to the power of commanding spirituall things 40 But for all this I vtterly deny that the power to dispose of temporall goods is by the institution of Christ annexed to spirituall gouernment or to the Popes power of commanding either spirituall or temporall things for that the disposing of temporall things for what ende soeuer it bee is not a spirituall but a temporall action and doeth belong to a temporall or ciuill power which by the institution of Christ hath it acts offices dignities meanes and ends distinguished from the spirituall power both which as they are supreame in their degree and order and consequently independent one of the other in those things which are proper to either of them so they cannot intermeddle with the actions of each either and as the supreame spirituall power doth reside in spirituall Pastours so the supreame temporall power doth reside in temporall Princes and as spirituall Pastours are by spirituall power spirituall lawes spirituall actions and spirituall meanes and punishments bound to bring all men as much as lyeth in them to euerlasting happinesse so also Christian Princes are bound as much as lyeth in them by temporall power temporall lawes temporall actions and temporall meanes and punishments to bring their subiects to the kingdome of heauen which is the last end to which all Christians ought to referre all that they haue or are 41 Wherefore if that which Mr. Fitzherbert doeth lastly inferre that Christian Princes being sheepe of Christs flocke may bee chastised by the supreame Pastour of the Church in their temporall states bee so vnderstood that hee may by way of direction or command enioyne them temporall penalties or punishments as to fast to pray to giue almes or the like in satisfaction of their sinnes or for some other great spirituall good this is
and shewing his malicene lesse then before But how sincerely and truely he alledgeth the argument of Lessius I know not for I haue not his booke neither did I euer reade it and I make no doubt but if it had beene laid downe together with the circumstances thereof it would haue beene cleere enough of it selfe and not haue needed any defence or explication of mine And truely although it were as bare and naked as he makes it yet the consequence would be good and sound for ought he saith against it seeing he saith nothing in effect but that which may be vrged in like manner against the Apostle Saint Paul for the like argument in his Epistle to the Corinthians where commanding them to constitute and appoint Iudges amongst themselues to decide their controuersies he said Nescitis quoniam angelos iudicabimus quanto magis secularia Doe you not know that we shall iudge Angels and much more secular things as who would say seeing wee haue the greater and more eminent power haue we not also the lesse if we haue power ouer spirituall things haue we not also power ouer temporall or secular things Thus argued the Apostle vpon the same ground that Lessius doth to wit vpon this principle qui potest maius potestetiam minus 3 And now will this graue Sophister scoffe at the Apostles argument and say that he might as well haue concluded that Qui potest intelligere potest volare Hee which can vnderstand can flie for what can bee more different in kinde and nature then Angels and secular things and yet neuerthelesse the Apostle prooued soundly by an argument a maiori ad minus that the Church might ordaine and dispose of secular iudgements because it had a greater power to iudge of Angels and the reason that mooued him thereto was the same that mooued Lessius to wit the subordination of secular and temporall things to spirituall for albeit spirituall and temporall things are of different kinde and order being considered in their owne natures yet if they be respected and conioyned in one Ecclesiasticall or mysticall body and referred to one last end which is Gods seruice and glory they are subordinate the one to the other and therefore are not of diuers orders in that respect 4 And if hee grant not this how will he make good his owne former grant that the Pope hath power to command corporall and temporall things quatenus spiritualibus deseruiunt so farre forth as they serue spirituall things doth he not therein acknowledge this subordination and thereupon grant that power in the Pope as a consequent of his spirituall power why then doth he deny the argument of Lessius grounded vpon the same consideration seeing he argueth a maiori ad minus concerning things subordinate one to another as who would say that for as much as spirituall things are superiour in order and dignitie to temporall things and all of them principally ordained and referred to Gods glory and seruice therefore he that hath supreame power ouer the spirituall which is the greater and higher hath power also ouer the temporall which is the lesse and inferiour to dispose thereof as shall be requisite for Gods glorie and seruice where to both spirituall and temporall things are ordained 5 Whereupon it also followeth that the Pope hauing power to excommunicate Kings may depose them as well because the power to excommunicate is greater then the power to depose as also because the temporall state whereof the Pope depriueth the Prince is ordained to serue the spirituall and therefore to be disposed by the supreame spirituall Pastour so far forth as shall be necessarie for Gods seruice and the good of the Church So that you see the argument of Lessius if he made any such hath a good consequence Thus Mr. Fitzherbert 6 But to omit his bitter and slanderous words the maine substance of his reply in this chapter is as it was also in the former chapter grounded vpon the subordination of the temporall power to the spirituall and of temporall things to the eternall saluation of soules whereof I treated at large aboue in the second part which if the Reader will be pleased to peruse he will easily perceiue that all my Aduersaries reply in this chapter is of little worth and that from this subordination no sound argument can be drawne to prooue that the Pope hath power to dispose of temporall things For albeit the temporall power may be said to be subiect to the spirituall or rather temporall Princes are in spirituals and in temporals as they are reduced to spirituals subiect to the direction or command and to the spirituall coercion or correction of the supreame spirituall Pastour And albeit temporall goods and states both of the body and of fortune may be said to be subordained or rather ordained to the eternall saluation of soules although not of their owne nature as I declared in that place but in this sense that all Christians as well Laikes as Clerkes Kings as Popes are bound to refer all their powers and actions to the eternall saluation of their soules in so much that as spirituall Pastours are bound to referre and ordaine their spirituall power and the vse thereof to the eternall saluation of their own soules of those who are subiect to them so Christian Princes are bound to refer their temporall power the vse thereof to the eternall saluation of their own soules of their subiects Neuerthelesse considering that Christ hath left in the Christian world or common-wealth as it containeth both temporall spiritual power earthly kingdomes the spirituall kingdome or Church of Christ two distinct supreme powers consequently independant one vpon the other and therfore neither subordained or subiect one to the other in those things which are proper to each other as the disposing of spiritual things and spiritual coercion or correction are proper do belong to the spiritual power so the disposing of temporall things and temporall coercion or correction are proper and doe only belong to the temporall power 7 So that although it belongeth to the supreame spirituall Pastour to direct and instruct a temporall Prince in his temporall power as it is Christian that is to instruct him in what manner hee ought to vse his temporall power according to the grounds of Christian Religion and to command him to vse his temporall power and to dispose of temporalls in that manner as Christ hath ordained to the benefit of his owne soule and of his Subiects and also to command him that he doe compell his Subiects by meanes of his temporall power or with temporall punishments to the obseruing of the lawes of Christ and of his Church and if the Prince refuse to obey the iust commandement of his spirituall Pastour it belongeth also to the spirituall Pastour to compell him thereunto by meanes of his spirituall power or with spirituall punishments and Ecclesiasticall Censures in that manner as the inflicting
he affirmeth that the Church in no case can iudge an vndoubted Pope so long as he is Pope Neuerthelesse I neuer affirmed that when the Emperour doth abandon and forsake his Empire and people and refuseth to be their Emperour any longer but leaueth them to themselues it is not in their power to choose them an other Emperour or to change the Imperiall Monarchie into Aristocratie or Democratie for that then the supreme temporall power and authoritie is immediately in the people and this also I prooued in that place out of Card. Bellarmines owne principles 45 Wherefore when D. Schulckenius a little aboue affirmed that I doe oftentimes graunt that the people cannot in any case deny ciuill obedience to that Prince whom once they haue had if his meaning be that I doe graunt that he who is once a Prince can not of his owne accord leaue to be a Prince and can not resigne his kingdome to the next heire and that the people are bound to yeeld ciuill obedience to him who was once their Prince but now of his owne accord hath resigned his kingdome to the next heire he doth greatly wrong me and abuse his Reader for to affirme this were foolish and ridiculous and contrarie to all reason and practise but that which I affirmed was that it is very probable and defended by many graue and learned Catholikes that the people who are subiect can in no case nor for any cause iudge or depose their Soueraigne Prince against his will and my reason was the same which Card. Bellarmine oftentimes vseth to prooue that the Church or a Generall Councell can not iudge or depose the Pope for that it is contrarie to all reason for an inferiour or subiect to iudge his Superiour and therefore those Catholikes that holde a Generall Councell may in some cases iudge the Pope doe also holde that it is superiour and aboue the Pope 46 That the Grecian Emperours had the Romane Empire as forsaken and abandoned by them I affirmed in these words Seeing therefore that as Lupoldus or Ludolphus writeth and diuers other Authors as Nauclerus Aeneas Siluius and Michael Coccinius doe insinuate the Emperours of Greece in the time of Charles the great and also before his time to wit in the time of his father Pipine and of his grandfather Charles Martellus did reigne in the West Empire only in name neither could the Church of Rome nor other Churches of Christ or also any others being by the Longobards vniustly oppressed in the same Empire haue iustice by them or by their authoritie and so the aforesaid Emperours had the West-Empire in a manner forsaken by gouerning therein only in name as it appeareth by diuers Chronicles the Pope Senate and people of Rome at leastwise by the tacite consent of all other Westerne men who were subiect to the Empire had euen according to the doctrine of Cardinall Bellarmine but now related full right and power which they could loose by no custome or translation of the Imperiall Seate as being to them connaturall and due by the law of nature to choose themselues a new Emprour and consequently to transfer the Empire which the Grecians kept in the Westerne parts only in name to Charles the great and his Successours the Imperiall Seate being in those parts at that time as it were vacant or without an Emperour Thus I wrote in my Apologie e Nu. 438. 47 And moreouer that the Greeke Emperours had the Westerne Empire and people for forsaken and abandoned and gaue at leastwise their tacite consent according to that rule of the law qui tacet consentire videtur that they might choose to themselues another Empeperour at leastwise in power and authoritie it is apparant for that they did neuer repugne contradict or gainesay that Charles the great should rule ouer them although perchance it displeased them that hee should haue the name of Emperour Yea and as Cardinall Bellarmine himselfe writeth when the Empresse Irene heard that Charles was called and crowed Emperour by Pope Leo shee did not onely gainesay but also she would haue married Charles and had done if certaine perfidious Eunuches had not hindered her as Zonaras and Cedrenus doe write in the life of the said Irene Afterwards Irene being dead Nicephorus the Emperour who did succeede her sent Ambassadours to Charles as to an Emperour as writeth Ado in this Chronicle of the yeere 803. And a little after Nicephorus being dead Michael suceeding him sent Ambassadours to Charles who likewise did publikely honour him as an Emperour as writeth Ado in his Chronicle of the yeere 810. All which doe sufficiently confirme that the Greeke Emperours did not gainesay this translation nor conceiue it to be a wrong done to them and in preiudice of their Imperiall right and Soueraigntie 48 By all which it is manifest first that I doe not any wrong at all to the Latin Emperours who haue beene and shall be from the time of that translation as though their Empire were not grounded vpon any sound title or foundation for that all writers and Cardinall Bellarmine himselfe doe agree in this that the Pope together with the rest of the people haue power to choose them another Emperour in case the Emperour will no longer reigne ouer them because in that case the supreame temporall power and authoritie is onely in the people or whole multitude but rather Card. Bellarmine as also I obserued in that place f Nu. 462. doth call in question and make doubtfull the right and title which the Latin Emperours haue to the Empire in that hee affirmeth that they haue all their right and title from the Pope alone seeing that there be many learned and graue Authours who make a great doubt whether the Pope alone hath by the institution of Christ any such power and authoritie to transfer Empires but no Authour not so much as Card. Bellarmine himselfe according to his doctrine which I related in that place doeth deny that the whole multitude hath full power and authoritie to transfer the Empire in the aforesaide case to wit when the Emperour doth abandon the Empire and will no longer reigne ouer the people 49 Secondly it is also manifest that I haue not any way contradicted my selfe in my answere and that I haue cleerely prooued by Card. Bellarmines owne grounds and by his owne Authours that the aforesaide translation was done by the authoritie decree ordinance and suffrages both of the Pope and of the people and consequently that the people did more then onely request applaude and assent to that translation to which D. Schulckenius maketh no answere at all and therefore his silence herein is both an euident signe that hee was not able to impugne my answere and that although hee doeth so highly commend his owne booke of the translation of the Empire as exactly soundly and diligently written yet his owne conscience for as much as concerneth this question seeth now the contrarie for that hee being so
therefore belonging to temporall and not to spirituall power or that the Successours of Boleslaus had onely the title of Dukes for that the Pope depriued them by way of a iuridicall sentence of the title of Kings but this might proceed either from the people themselues who by reason of that heynous fact of Boleslaus in killing that holy Bishop Stanislaus with his owne hands in the Church whiles he was saying Masse and after he had miraculously cleered himselfe by raising a man from death in open Parliament to giue testimony whether he had iniutiously taken from that dead man certaine lands or no whereof he was falsly accused by the King in a publike assembly of the Realme would not giue any longer that title of Kings or for that the Emperour to whom that kingdome was perchance m Dubranius l. 5. Aeneas Siluius cap. 19. Bohemiae who relateth that in the time of Otho the first Emperour the kingdome of Polonia was subiect to the Romane Empire then feudarie would not suffer them by reason of the execrable crime to haue any longer that title of Kings but onely of Dukes 61 Wherefore neither by any sufficient reason or approoued practise it can bee prooued that the Pope as Pope hath power to giue earthly kingdomes for the good of the Church or to depriue Princes of their states although they should deserue it and the good also of the Church should require it which last supposition neuerthelesse is vntrue for that to depriue Princes of their temporall States is not necessary for the good of the Church and the saluation of soules as I haue shewed before and although it were necessary yet considering that it is a temporall or ciuill and not a spirituall action for what end soeuer we suppose it to be done it cannot be performed by a spirituall or Ecclesiasticall but by temporall or ciuill power 62 And thus thou seest good Reader to conclude this Chapter with my Aduersary how soundly and without any scoffing I haue confuted Lessius argument and that generall maxime whereon his consequence was grounded by those foure instances which I haue heere examined and cleerely prooued that they are all to the purpose and doe not any whit alter the state of the question but that my Aduersarie himselfe in impugning them doth alter the case and change the state of the question or medius terminus which Lessius vsed and flyeth from his argument to others of his owne inuenting wherein he discouereth his great ignorance in Logicke and that therefore all those vnseemely nickenames of absurd impertinent foolish ridiculous and malicious agree to none so much as to himselfe All which being duly considered I referre to the iudgement of any indifferent man whether I had not reason without any cogging scoffing gibing or malice as my Aduersary is pleased to vnburden his fowle and bitter stomacke but with a sincere compassion of the miserable state of poore English Catholikes in soule body goods and credit into which this man seeketh to draw them headlong and with an earnest desire that they should according to our Sauiours commandement Render to God and Caesar that which is their due to affirme by way of interrogation that these and such like reasons are no good arguments to mooue the English Catholikes prodigally to cast away their goods and to deny their allegiance to his Maiestie 63 Neither is it my desire that Catholikes should bee prodigall of their soules or should deny their fidelitie and due obedience to their spirituall Pastour neither is it true that I haue greater care of their goods then of their soules or that I would haue them venteâ— and hazard their eternall saluation to saue their temporall goods as Mr. Fitzherbert little caring what he saith so that by his saying he may any way disgrace me very vntruely God forgiue him affirmeth For I doe chiefly respect God is my witnesse their eternall saluation and I would haue them to render all due obedience both to their spirituall Pastour and also to their temporall Prince but my desire is that they will sincerely consider that not onely in denying spirituall obedience to their spirituall Pastour but also in denying temporall allegiance to their temporall Prince they doe venter and hazard their eternall saluation for that they are bound by the expresse commaundement of our Sauiour and vnder paine of eternall damnation to render both to God and Caesar that which is their due But it seemeth that my Aduersaries minde is all vpon the Pope and little vpon his Prince seeing that he hath so great care to enlarge the Popes Monarchy and so little to maintaine his Kings Soueraigntie but I hope God will inspire English Catholikes to be wiser and not to runne headlong on either side but to examine and weigh their temporall and spirituall fidelity with an equall ballance and to consider that they may as well offend and hazard their saluation in giuing too much as too little to their spirituall Pastour as also in giuing too little as too much to their temporall Prince 64 Wherefore my humble request to English Catholikes is that seeing this controuersie of their temporall and spirituall obedience betweene their temporall Prince and spirituall Pastour doth so neerely concerne their eternall saluation they will not venter their soules vpon any mans bare word nor giue credit either to my sayings or the sayings of my Aduersaries without examining sincerely the reasons on both sides and the substance and manner of both our writings and diligently considering how farre forth they are bound to obey the command of their spirituall Pastour when it is only declaratiue and grounded vpon no sure definition against the commandement of their temporall Prince who is in lawfull possession of his kingdome from which the Pope the matter being as yet in controuersie and not decided pretendeth to haue power to exclude him For neither ignorance nor pretence of zeale to the Sea Apostolike can now in my opinion excuse them from not examining what duty they owe both to their spirituall Pastour and also to their temporal Prince and to what things both their temporall and also spirituall obedience doth extend for now they hauing so many and so sufficient causes prudently to doubt both in regard of so many bookes that haue beene written and also of the strange carriage of my Aduersaries in commanding me to purge my selfe vnder paine of Censures and not telling of what and forbidding my bookes and not declaring for why although I haue often desired to know some one particular thing whereof I should purge my selfe or which is blame worthy in my bookes faithfully promising to purge whatsoeuer is to be purged and to recall whatsoeuer I haue written amisse they are bound according to the doctrine of all Diuines to examine the truth so farre forth as the learning and capacitie of euery man will permit otherwise their ignorance will bee wilfull and damnable and their zeale albeit they shall thinke
plot the death of any Prince Wherefore let Widdrington cease by vaine words to put Secular Princes in feare and to make the Pontificall power to be odious The Pontificall power is instituted by the Sauiour of mankind for the saluation and not for the destruction of Princes These arguments doe tend to no other end then to prouoke the hatred of Princes against the Pope for otherwise Widdrington was not ignorant that Ecclesiasticall especially Pontificall lenitie doth shunne bloody punishments 12 But first whether D. Schulckenius by this his answered doth intend to acknowledge that the Pope in order to spirituall good hath authoritie to take away the liues of wicked Princes by all those waies publike or priuate by which temporall Princes haue authoritie in order to temporall good to take away the liues of their wicked and rebellious subiects which I intended by that argument to conuince in this place he speaketh doubtfully and in expresse words doth neither say I nor no yet afterwards he doth plainly enough affirme the same saying n Cap 9. ad nu 229. pag. 413. that Ecclesiasticall lenitie for as much as concerneth the punishment of death doth shunne bloody punishments not for that it doth by the law of God want power to doe the same but because it doth not beseeme the Ministers of Christ and againe It doth not belong saith he o Cap. 10. ad num 318. pag. 490. to the Ecclesiasticall Court to giue sentence of death not because the Church cannot absolutely giue this sentence but because it is not decent And the Pope himselfe might if he should iudge it expedient both giue this sentence and also grant by a dispensation that other Priests might doe the same For we haue nothing whereby it is forbidden but the positiue Ecclesiasticall law wherein the Pope by the consent of all men may dispence 13 Secondly this Doctor doth egregiously and against Christian charitie and iustice abuse my innocencie in misconstruing my good intentions which God is my witnesse are most pure and sincere For it was neuer my meaning to make the Sea Apostolike odious or dreadfull to Christian Kings and Princes but only to find out the Catholike truth plainly and sincerely in a matter of such great importance which doth so neerely concerne the supreme authoritie of all temporall Princes and the due obedience which all subiects of what religion soeuer they be doe by the law of Christ owe to them in temporall matters It is rather this Doctor and such as embrace his desperate principles who by this their false seditious scandalous and new broached damnable doctrine and vnknowne to the ancient Fathers and the primitiue Church doe seeke as much as lyeth in them to make the Sea Apostolike odious and dreadfull to all Christian Princes and subiects And if it be so easie a matter to answere my aforesaid arguments as this Doctor affirmeth why then doth he not answere them but shifteth them ouer with a let them passe as not pertaining to the purpose Is it not to the purpose that Card. Bellarmine and his followers should force vpon the Christian world the doctrine touching the Popes spirituall power to depose temporall Princes as a point of Catholike beliefe from which such absurd dangerous desperate scandalous seditious consequents and not heard of before these miserable times doe euidently follow 14 But such strang nouelties must with shufflings and shiftings be cunningly couered and must not be cleerely knowne to Soueraigne Princes and their subiects least forsooth they make the Sea Apostolike odious and dreadfull to Christian Princes As thought it were likely that Christ our Sauiour would giue to S. Peter and his Successours any spirituall power which should be a sufficient cause to make the Sea Apostolike odious to Christian Princes or that the knowledge of true Catholike faith either concerning the Popes spirituall power to take away the crownes or liues of Christian Princes or concerning any other thing could be a sufficient cause to make the Sea Apostolike odious to Christian Princes more then the knowledge of true Catholike faith concerning the power of temporall Princes to take away the temporall goods and liues of their subiects can be a sufficient cause to make temporall authoritie odious to Christian subiects Hostis Herodis impie Christum venire quid times said Sedulius who flourished about the yeere 430. Non eripit mortalia qui regna dat caelestia which is Englished thus That Christ is come why doest thou dread O Herode thou vngodly foe He doth not earthly Kingdomes reaue that heauenly Kingdomes doth bestow But Herode might iustly haue replyed if this new broacht doctrine were true yes I haue great cause to feare for that not only Christ but S. Peter also and his Successours haue by their ordinarie commission authoritie to bereaue mee not onely of my kingdome but also of my life 15 And the same answere which is also conforme to the doctrine of all the ancient Fathers would Sedulius haue made to any Christian King who should haue feared that the Pope by his spirituall power might depriue him of his kingdome and life to wit that he neede not to feare the Popes power in that respect for that Christ our Sauiour hath giuen to the Apostles and their Successours the keyes of the kingdome of heauen and not of earthly kingdomes to absolue from sinnes not from debts to binde the soule with the bond of anathema and not with chaines of Iron 16 But although the Pope should haue power ouer the liues of Princes in order to spirituall good yet Princes sayth this Doctour need not to feare that the Pope will plot the death of any Prince for that no Pope hath euer commanded the killing of Princes or caused them to be slaine by priuie murtherers and it is well knowen that Ecclesiasticall lenitie shunneth bloodie punishments But first if the Pope haue such a power it is euident that it is in his free choise and curtesie to take away the life of any wicked Prince in order to spirituall good as it is in the curtesie of a temporall Prince to take away the life of any wicked subiect in order to temporall good Secondly that the Pope is also bound as I prooued against Suarez to proceed against a Christian Prince See Apendix to Suarez part 1. sec 9. nu 6. seq who is a knowne heretike or persecutor of the Church or publike enemie to spirituall good in that manner and by all those waies publike or secret by which a temporall Prince is bound to proceed against a publike traitour a notorious robber and murtherer by the high way side and a knowne enemie to the common temporall good 17 Thirdly if no Pope hath euer plotted the death of any Christian Prince the reason heereof I thinke to be for that there was neuer any Pope that held this newly inuented and neuer before heard of bloody doctrine that the Pope as Pope or by vertue of his spirituall
them and after he had giuen them the speares and weapons of King Dauid which were in the temple with commandement that if any person should enter into the temple to disturbe them he should be slaine he brought foorth the Kings sonne and put the crowne vpon him and the testimonie and they made him King and anointed him and clapping with their hands said God saue the King Which noise when Athalia being in the Kings Palace neere to the temple heard shee went into the temple and seeing the King standing vpon the tribunall seate according to the manner and the Princes and the companies about him and the singers and trumpets neere him and all the people reioycing and sounding the trumpets shee rent her garments and cryed A Conspiracie a Conspiracie Treason Treason But Ioiada the high Priest commanded the Centurions that were ouer the armie not to kill her in the Temple but that shee should bee slaine with the sword without and that whosoeuer should follow her should bee stroken with the sword And they laid hands vpon her and when shee was entred within the gate of the horses of the Kings house they killed her there Thus it its written 4. Reg. 11. 2. Paralip 23. 50 This therefore as you see was the case of Ioiada in commanding Athalia to bee slaine Ioiada not onely being the high Priest and therefore next in authoritie to the King for that next to the King there was none greater among the people then the high Priest d Abul q. 15. in c. 11. l. 4. Reg. but also being the Kings vncle by his wife and the Kings Protectour and Guardian did put in possession of the kingdome of Iuda Ioas the Kings sonne being but seuen yeeres old to whom the kingdome by the right of inheritance did appertaine whom hee kept secretly in the temple for sixe yeeres together and therefore did not onely by probable coniectures thinke but hee did certainely know that hee was the lawfull King and neuerthelesse before hee would accomplish the same hee communicated the matter with the Centurions and Princes of the people and made a couenant with them and hee also caused Athalia to bee slaine not onely for that shee had most tyrannically and barbarously vsurped the kingdome by killing all as shee thought of the Kings issue but also for that shee sought to make an open rebellion against the annointed King crying out in the Temple in the presence of the new crowned King of the high Priest being the King Vncle and Protectour of all the Peeres and people a Conspiracie a Conspiracie Treason Treason And this I say Ioiada and euery faithfull subiect in such a case that is hauing the protection of the true and whom for certaintie he knew to be the rightfull King not only might but also if it were in his power was bound to doe neither dare this Doctour vnlesse he will rashly and seditiously teach a most false and pernicious doctrine deny the same 51 But marke I pray you how learned Abulensis answereth to this question whether Ioiada was bound to make Ioas King that is put him in possession of the Kingdome to which he had right by hereditarie succession It was saith he e Q. 15. in cap. 11. lib. 4. Reg. a manifest sinne that Athalia should vsurpe to her selfe the kingdome Ioas being aliue to whom it did by lawfull right appertaine therefore Ioiada was bound to doe as much as lyed in his power that Ioas should not by Athalia be depriued of his right to the kingdome therefore he was bound when it did lye in his power to make Ioas King Secondly this is manifest because Ioiada was in a certain manner by his office to make Ioas King because after the King there was none greater among the people then was the high Priest and then there was no King therefore it belonged to Ioiada as to the high Priest to redresse the agreeuances which happened among the people and this was the greatest agreeuance that the King should be depriued of his right and therefore Ioiada was in this bound as much of lied in his power to procure a remedy by annointing Ioas King to whom the kingdome did of right belong Thirdly this is manifest because euery man is bound to execute the knowne will of God forasmuch as it doth preiudice charity or some commandement of God but God had said that of the seede of Dauid there should bee Kings for euer and it was not against charitie or any other commandement of God alwaies to annoint Kings of that tribe therefore Ioiada was bound as much as lied in his power to accomplish that will of God to wit that hee should annoint Ioas King And this was that whereon Ioiada grounded himselfe when he annointed Ioas King saying to the people Beholde the Kings sonne shall raigne as our Lord hath spoken ouer the sonnes of Dauid 2. Paralip 23â— as though hee should say because God commanded that the sonnes of Dauid should alwaies reigne therefore we ought to annoint this for King who was of the stocke of Dauid 52 And as concerning the killing of Athalia the said Abulensis f Ibidem â— 20. writeth thus I answere that it was lawfull for Ioiada to command Athalia to be slaine For the cause was iust to wit for that she intended to kill the King seeing that she had vsurped the Kingdome and also she was guiltie of death for many other causes or she had slaine all the Kings sonnes and she was a disturber of the people and a corrupter of the worship of GOD seeing that she brought in the worship of Baal into Ierusalem and had made there a temple and had Priests Therefore any one of these things were sufficient that she might be slaine Also it was lawfull for Ioiada in regard of the power For that now that is the King being in his minoritie he was the Prince of the people as being the high Priest who was alwaies the greatest Iudge in Israel from whose sentence it was not lawfull for any man to appeale vnder paine of death or to contemne in any wise his commandement Deut. 17. Neuerthelesse the high Priest was subiect to the King in temporalls and might be iudged by him as the said Abulensis before affirmed where he assigned the difference betwixt a Iudge and a King Also it was lawfull for Ioiada in regard he now represented the Kings person For he made a couenant in the place or person of the King with all the people and with GOD and he represented the Kings person in all things for that he had hitherto kept him hidden and now he annointed him King but it was lawfull for the King to command Athalia to be slaine who had vsurped the kingdome therefore it was lawfull also for Ioiada who represented the Kings person in all things 53 Now I remit to the iudgement of any vnderstanding man although he be neuer so partiall whether euery faithfull subiect hauing great
conquered all Italie â—and before this translation his sonne Pipin was created King of Italie k Sigebert ad ann 774. and others â—nd he himselfe Patritius Romanorum which l Otho Frisingens lib. 5. cap. 28. Sigebert ad ann 781. and others as Card. Bellarmine himâ—elfe confesseth m Lib. 1. de Translat Imper. cap. 9. Lupold Babeng lib. de Iuribus Regn Imperij Rom. cap. 12. is the next dignitie to the Emperour Neither will I now â—ispute what reall difference there is betwixt the Emperour and an abâ—olute King concerning their supreme power and authoritie ouer their â—ubiects This only is sufficient for me at this present that supposing with Card. Bellarmine this translation to haue not only a titular but also â— reall effect whereof Lupoldus of Bamberbeg doth particularly treate if Card. Bellarmine will needes haue this translation to haue all it force â—nd validitie from the Popes authoritie alone and not also of the Romane â—eople or common wealth he calleth in question the right and title which the Latin Emperours haue to the Romane Empire in making it â—o be grounded vpon no so sound title or foundation as I signified beâ—ore cap. 3. num 48. See also that Chapter num 37. seq where I treaâ—ed more amply of this translation 63 But now to returne to that fact of Ioiada from whence with â—his Doctour I haue made this digression Ioiada saith this Doctour n Pag. 565. to â—aue done that which he did through the opinion only of his sanctitie and without any true and lawfull power Widdrington affirmeth we deny Hee â—peaketh of his owne head we follow the words of the Scripture Ioiada saith â—he Scripture 4. Reg. 11. commanded them the Centurions and souldiers â—aying This is the thing which you must doe c. And a little beneath And if any man shall enter the precinct of the temple let him be slaine And forthwith And the Centurions did according to all things that Ioiada the Priest had commanded them And againe Ioiada commanded the Centurions that were ouer the armie and said to them Lead â—er Athalia forth without the precinct of the temple and whosoeuer shall follow her let him be striken with the sword See also 2. Paralip cap. 23. 64 But still this Doctour persisteth in corrupting my words and meaning For I neuer said or meant that Ioiada did that which he did without any true or lawfull power this is a meere fiction of his owne braine That which I said was that all that Ioiada did either concerning the putting the true heire and rightfull King into the possession of his inheritance and kingdome or concerning the putting Athalia to death did not argue in Ioiada either any true authoritie to create a king denouo that is to giue him a right to the kingdome which right he had not before or any proper authoritie due only to the high Priest and which might not also be common to euery faithfull subiect in the like case but that which Ioiada did concerning the killing of Athalia he did by the authority and consent of the King Princes and people and what hee did concerning her deposing he was bound to doe by the law of God of nature and nations For Ioiada was the Kings vncle the Kings Protectour his tutour and keeper and represented his person in all things and was the chiefe Captaine and Authour of all this couenant which he made with the Centurions Princes and people to put king Ioas in possession and to defend him from Athalia and therefore no maruaile that he as representing the Kings person gaue commandement to the centurions and souldiers how they should carry themselues either towards Athalia or any other in the kings defence 65 True it is that Ioiada might by his owne proper authoritie as he was high Priest command the Souldiers that Athalia should not be slaine in the temple least the temple whereof the high Priest had the chiefe charge should not be polluted by her blood but absolutely to command her to be slaine none could doe by his owne proper authoritie but he only vpon whom the weale publike common iustice and the temporall sword doth principally depend who only is the King in a kingdome from whom as from the head of ciuill power all temporall authoritie and command in his kingdome is deriued Wherefore I neuer meant that Ioiada did that which he did without any true lawfull and proper authoritie as proper is opposed to improper or metaphoricall but he did that which he did not by any proper authoritie of his owne which was peculiar to him as he was high Priest in which sense proper is distinguished from common but he did that which he did concerning Ioas and Athalia by that true and lawfull authoritie which might also be common to other subiects in the like case to wit to such subiects as are the chiefe Peeres of the Realme the Kings Protectors and Guardians and who represent the Kings person in all things 66 For two principall things Ioiada did the one was that he preserued the true and rightfull King and whom he knew certainely so to bee from being murthered by wicked Athalia and to that ende hee kept him secretly in the Temple for sixe yeeres together and in the seuenth yeere by the aide of the Princes and people hee did put him in possession of his kingdom which Aathalia had tirannically kept from him And this euery faithfull subiect in the like case is bound to doe and by the Law of nature and nations hath authoritie so to doe and the consent of all kingdomes and the authoritie of the rightfull King doth giue sufficient warrant to the same So that this authoritie was not proper to the function of the high Priest as he was high Priest but is common to euery faithfull subiect who is the Kings Protectour and Guardian and representeth the Kings person in all things The second was that Ioiada commanded Athalia to be slaine who endeuoured to make a publike rebellion against the true lawfull and now crowned and anointed King crying out in the presence of the King himselfe the Princes and the people A conspiracy A conspiracy Treason Treason And the authoritie also to commaund this was not proper to the function of the high Priest as hee was high Priest but is common also to euery faithfull subiect who is the Kings Protectour and Guardian and representeth the Kings person in all things And to teach the contrary to any of these two things is to teach a most false scandalous and seditious doctrine 67 This second to wit that the commandement of Ioiada to kill Athalia was done in the Kings name and by his authority this Doctor affirmeth o Pag. 567. not to be incredible because it happened after the creation of the new King neither would this saith he hurt Bellarmines opinion For Bellarmine doth not contend that hereticall Kings ought to bee slaine by the Popes commandement
but onely to be deposed But this is very vntrue For although Card. Bellarmine doth not in expresse wordes yet by a cleere and necessary consequence he doth contend that the Pope hath power to depriue hereticall Kings not onely of their kingdomes but also of their liues seeing that he contendeth that the Pope hath authoritie in oder to spirituall good to dispose of all temporalls and I hope that the liues of Princes are not to bee excluded from temporall things See aboue nu 9 seq And although Ioas was made King de facto by the procurement of Ioiada yet it cannot with any credibilitie be denied but that all the time that Athalia raigned de facto and vniustly vsurped the kingdome Ioas was King de iure and that the kingdome and all Kingly authoritie did by right belong to him 68 But Widdrington doth not vvell prooue saith this Doctour that all those things were done onely by the counsell and not by the authoritie of Ioiada For as the Scripture testifieth both 4. Reg. 11. 2. Paralip 23. Ioiada called the Centurions together Ioiada armed the Souldiers Ioiada commanded that if any one should enter within the precinct of the Temple he should be slaine if any one should follow the Queene he should likewise bee slaine Ioiada as saith the Glosse cited by Widdrington did institute the King Ioiada crowned the King Ioiada commaunded the Queene to be slaine Ioiada made a couenant betwixt himselfe the King and the people that they should be the people of our Lord Ioiada commanded the Temple of Baal to bee ouerthrowne the Altars of the Idols to be destroyed the Priest of Baal to be slaine Ioiada set the watch in the house of our Lord c. All these things Ioiada the high Priest did but because he alone could not accomplish the whole matter he adiured the Centurions that they would helpe valiantly and faithfully and therefore he made a couenant with them for the execution Wherefore nothing is giuen to the Centurions but obeying and executing at the commandement of Ioiada The Centurions saith the Scripture did according to all things that Ioiada the high Priest had commanded them 69 But why doth this Doctour still corrupt my wordes and meaning why doth he omit that word propria authoritate by his owne proper authoritie which of set purpose to expresse plainely my meaning I did set downe I neuer affirmed that all those things here mentioned by this Doctour were done by Ioiada without true and lawfull authoritie but I alwaies added that they were not done propria authoritate by his owne proper authority to wit which was proper and peculiar to him as hee was high Priest but by the authority and consent of the King Princes and people and which things euery faithfull subiect might doe and was bound to doe in the like case that is if he were the Kings Protectour and Guardian and represented in all things the Kings person and such a King whom he did not onely probably imagine but also certainly knew to bee the rightfull and vndoubted King and heire of the kingdome 70 Neuerthelesse I doe willingly grant as I haue said before and oftentimes in all my bookes I haue freely confessed that Ioiada by his owne proper authoritie that is by his Priestly power had authoritie to declare to the people the Law of God and to command them to obserue the same but not to constraine them by temporall punishment to the obseruation thereof and that therefore he might commaund them in generall to put Ioas in possession of his kingdome knowing that it did by the Law of God and by the right of his inheritance belong to him as being descended by a direct line from the stocke of King Dauid according as God almighty had promised to Dauid and Salomon But concerning the particular manner how Athalia was to be deposed and Ioas was to be put in possession of his kingdome which was not contained in the Law of God this I said Ioiada could onely doe by his aduice and counsell if we respect him onely as he was high Priest but if we respect him as he was the Kings Protectour Keeper and Guardian and represented the Kings person in all things this I said hee did by authoritie but not by his owne proper authoritie as he was high Priest and which could not be common also to all other subiects in the like case but by the authority of the King and commonwealth and as he being the Kings Protectour and Guardian represented the Kings person in all things And therefore I doe not deny that Ioiada did all those things mentioned by this Doctour by authoritie but not by his owne proper authority which this Doctor hath not as yet any way impugned nor will be euer able to impugne 71 That Ioiada did not those things by his owne proper authoritie but in the name and by the authoritie of the King with the consent of the Princes and people I prooued by the words of the holy Scripture and of the Glosse vpon that place Therefore all the multitude saith the Scripture made a couenant with the King in the house of God and Ioiada said to them Behold the Kings sone shall raigne as our Lord hath spoken vpon the sonnes of Dauid The words of the Glosse are these Heere is described the institution of the true heire the due heire and which ought to be the due King and which ought to be for all these names veri haeredis haeredis debiti Regis debiti the Glosse vseth by the procurement of Ioiada the high Priest seeking thereunto the assent of the Princes and Nobles of the Realme when it is said And he made a couenant with them 72 Marke now how cunningly this Doctor would shift of these testimonies That which is added saith hee p Pag. 568. concerning the couenant with the King is vnderstood of the future King to wit with him who a little after was to be instituted King as it is manifest by the same place for presently it is added And Ioiada said to them Behold the Kings sonne shall reigne And the Glosse is against Widdrington for if heere be described the institution of the true King and to this is required the assent of the Princes assuredly Ioas was not King before albeit he was the Kings sonne For he that is King by succession ought not to be instituted but declared neither doth he neede the assent of the Princes Therefore Ioiada did constitute the King and depose the Queene but the Princes ayding and assisting him without whom he could not haue accomplished the matter 73 But if this Doctor had beene pleased to declare plainely the true state of the present question betwixt me and Cardinal Bellarmine as I did and not delude his Reader with ambiguous and equiuocall words the plaine trueth of this controuersie would presently haue appeared For this word King is equiuocal and may be taken either for a King de iure and
deserued death according to the Law 116 Secondly therefore although he was in some sort speaking improperly enforced or compelled that is he was bound by the law vnder paine of sinne to liue in a house apart from the rest of the people by reason of his leprosie yet it was the law of God and not the high Priest but onely as iudging him to bee a leper and declaring the law of God and his indignation against those who should transgresse his law that compelled him thereunto which declaration being a meere spirituall action without doubt did according to the law of God in the old law belong to the function of the high Priest and therefore the most that from hence can be inferred is this that the Priests of the new law haue also authoritie to declare the law of Christ and to iudge what is spirituall leprosie and what punishments are by the law of Christ appointed against heresie and other crimes which may infect the soule but that spirituall Pastours haue now authoritie to inflict temporall punishments vpon heretikes or any other spirituall lepers it cannot from hence be gathered by any probable reason 117 Thirdly it is very vntrue that because King Ozias was by the law commanded to liue in a house apart so long as hee remained a leper it doeth consequently follow from thence that he was also enforced bound or compelled to permit absolutely the administration of the kingdome to his sonne so that nothing concerning the affaires of the kingdome should bee referred to him for that a King may liue in a house apart not onely out of the Citie but also out of the kingdome and yet he may gouerne his kingdome by his Ministers in such sort that the chiefest things hee may reserue to himselfe as diuers Kings by their Vice-Roys doe gouerne forraine kingdomes reseruing diuers things as the placing or displacing of the chiefest Officers the making of warre against their neighbour Princes or such like important affaires to themselues and therefore from the dwelling of Ozias in a house apart either in the Citie or out of the Citie it cannot bee sufficiently gathered that hee was therefore enforced to permit absolutely the administration of the kingdome to his sonne so that nothing concerning the affaires of the kingdome should bee referred to him especially seeing that as this Doctour sayeth leprosie doeth not take away the iudgement of the mind and wisedome necessarie to gouerne 118 Neither also is it true that King Ozias could not conuerse with the people as this Doctour so bouldly affirmeth For although it was ordained by the law that lepers should dwell alone out of the campe and be separated from the rest of the people yet the law did not forbid any man to speake or talke with them or than with others yea which is more it was not forbidden by the law as well obserueth Abulensis c In ca. 8. Mat. q. 12. 13. to touch a leper for although the touching of a leper dâ—d cause a legall vncleanesse yet it was not any sinne or imperfection to incurre a legall vncleannesse but sometimes it was meritorious to bee legally polluted for to touch dead bodies and graues was a legall vncleannesse Num. 19. and yet to bury the dead was a meritorious worke for which Tobias is greatly commended and sometimes also a man was bound to incurre a legall vncleannesse as children were bound to bury their parents and yet by this they were legally polluted Leuit. 10. 21. and not only in prophane things but also in diuine mysteries Priests were sometimes bound by the law to be legally polluted as the Priest who offered a red cow in a burnt sacrifice was polluted and yet this was done by the commandement of God Num. 19. See also the like Leuit. 16. Wherefore to incurre a legall vncleannesse was not forbidden by the law but it was onely forbidden to enter into the Sanctuarie or to touch sacred things before he should be cleansed Leuit. 15. and therfore it was not a sinne according to the law to touch a leper after what maner soeuer vnlesse he that was so polluted would before his purification enter into the Tabernacle or participate in sacred things Leuit. 15. So that it is manifest that King Ozias was so debarred rom all ciuill conuersation but that he might sufficiently declare to his Deputies and ministers what he would haue done concerning any important businesse in the kingdome 119 Wherefore it can not be prooued that King Ozias was depriued for his leprosie of the administration of his kingdome and enforced to permit absolutely to his sonne the gouernment thereof that nothing at all should be referred to him concerning the affaires of the kingdome although it might very well be that he seeing himselfe for his great pride and arrogancie stricken by God with the plague of leprosie and that he could not so conueniently and in such Royall maner and remaining in his owne Pallace gouerne the kingdome as he did before did freely and of his owne accord and not vpon any constraint or absolute necessitie appoint his sonne the sole administratour of the kingdome and that he being now humbled by the potent hand of God would not for the time of his infirmitie meddle at all with the gouernment which is more to be attributed to his humilitie then to any necessitie for that he might if he had beene pleased haue reserued some affaires of greatest moment to his owne iudgement and referred the rest to those ministers whom he should appoint and as his sonne Ioathan was made administratour of the kingdome by his appointment and gouerned in his name and by his authoritie so also if Ioathan had caried himselfe partially and tyrannically in the gouernment he might by the authoritie of his father who still remained the true and rightfull King haue beene displaced and another put in his roume 120 But if King Ozias had not beene subiect saith this Doctour to the power of the high Priest he might haue contemned the high Priest and against his will haue dwelled in the Regall Citie and also haue gouerned the kingdome But first no man maketh any doubt but that King Ozias was subiect to the high Priest in spirituals as was euery sentence or iudgement wherein he declared the law of God And therefore the King was bound not to contemne in such things the commandement of the high Priest neither could he being now declared a leper either with the leaue or against the leaue of the high Priest dwell in the kingly Citie among the rest of the people for that by the law of God and not by any constitutiue commandement of the high Priest he was to dwell apart from the rest of the people Wherefore that clause and against his will he might haue dwelt in the Regall Citie is added by this Doctour to no purpose vnlesse he would signifie thereby that the law concerning the dwelling of lepers apart from the rest of the people
necessitie of the Common-wealth shall require it so also the Ecclesiasticall Prince or head of the Church may giue lawes to temporall Common-wealths and the Gouernour thereof according to the vrgent necessitie of the Church the publike good whereof is to be preferred before the particular good of any temporall Prince or Common-wealth by the same reason and law of Nature that the good of the soule is to be preferred before the good of the body spirituall good before temporall heauen before earth and the seruice of GOD before the seruice of any man or of all the men in the world 12 But first although it be true that Christian Princes who are the absolute heads of the temporall States or kingdomes which they gouerne being also parts and members of the mysticall body or spirituall kingdome of Christ which is the Church are consequently subiect in things belonging to the Church to wit in spirituall matters to the visible Pastours Gouernours or heads thereof yet it is not true that temporall kingdomes or common-wealths themselues being taken properly formally and in abstracto are either parts and members of the spirituall kingdome or Church of Christ or subiect and subordained to the Church or the visible heads thereof for then it must needes follow that temporall Princes not only as they are Christians in spirituall matters but also as they are temporall Princes and in temporall things are subiect to the visible heads or Gouernours of the Church which is cleerely repugnant to Mr. Fitzherberts owne words in that place pag. 95. num 4. who affirmeth that temporall Princes are absolute heads of the States which they gouerne in things pertaining only to their temporall States and consequently in them they cannot be subordinate and subiect to the visible heads of the Church 13 Wherefore that comparison which he maketh heere and is the chiefe ground of his Discourse betwixt families cities and kingdomes or ciuill common-wealths and betwixt ciuill common-wealths or kingdomes and the spirituall kingdome or Church of Christ is no fit comparison and therefore neither can the Discourse which is grounded thereon be sound and sufficient For families and cities being taken properly formally and in abstracto are parts and members of the whole kingdome or common-wealth and consequently subordinate and subiect to the kingdome and absolute heads thereof seeing that they are particular ciuill Societies and consequently subiect to the whole ciuill Societie or common-wealth as euery part is to the whole body and to the chiefe head thereof but temporall kingdomes or common-wealths being taken formally and in abstracto are not parts and members of the spirituall kingdome or Church of Christ vnlesse we will hold with the Canonists that the Church of Christ is compounded both of spirituall and ciuill power and that the Pope is both a temporall and spirituall Monarch of the whole Christian world And therefore although it be true that spirituall Pastours haue nothing to doe in matters meerely temporall and which belong to ciuill gouernment yet it is not true that temporall Princes haue not to doe with priuate families and cities in matters that belong to the ciuill gouernment of them for that priuate families and cities are true parts and members of the whole ciuill common-wealth or kingdome and I hope that the Prince who hath to doe with the whole kingdome and gouernment thereof hath also to doe with the gouernment of euery part thereof 14 Secondly no man maketh any doubt but that the spirituall Pastours and Gouernours of the Church may correct any King or ciuill Magistrate when hee doth any thing to the preiudice of the Church and that they may giue lawes to the Gouernours of temporall common-wealths according to the vrgent necessitie of the Church and also that the publike good of the Church is to be preferred before the particular good of any temporall Prince or common-wealth But all the difficultie consisteth in these points first whether authoritie to correct malefactours by the inflicting of temporall punishments as death exile imprisonment priuation of goods c. hath by the institution of Christ beene communicated to the spirituall Pastours of the Church or was leaft only to temporall Princes and the supreme Gouernours of temporall common-wealths Secondly whether spirituall Pastours may giue lawes to temporall Princes I doe not say as they are Christians and haue spirituall subiection and are parts and members of the spirituall kingdome or Church of Christ for of this no Catholike maketh doubt but to temporall kingdomes or common-wealths being taken formally and in abstracto or which is all one to temporall Princes not as they are Christians and haue spirituall subiection but as they are temporall Princes and haue supreme temporall power which doth only reside in them and not in spirituall Pastours 15 Thirdly whether the particular or publike good of temporall Princes or common-wealths is to be preferred before the particular or publike good of the Church for that the temporall and spirituall power doe make one totall body or common-wealth which is the Church as Card. Bellarmine contendeth in which totall body the temporall common-wealth is per se and naturally subordained and subiect to the Church or spirituall kingdome of Christ or whether the spirituall good is to be preferred before the temporall by all Christians both Princes and subiects for that euery man who is a part and member of two cities or common-wealths the one more noble and excellent then the other is by the order of charitie bound to preferre caeteris paribus the more noble and excellent citie or common-wealth and the good thereof before the lesse noble and excellent city or common-wealth and the good of it These be the chiefe heads of this controuersie concerning the vnion and subordination of temporall kingdomes or common-wealths among Christians and the spirituall kingdome or Church of Christ whereof I haue at large debated in the second part where the Reader may see all these points distinctly handled against Card. Bellarmine and D. Schulckenius and also touching all that which Mr. Fitzherbert doth confusedly discourse in this Chapter concerning the vnion and subordination of temporall kingdomes and the Church of Christ And therefore remitting the Reader to my former Treatise where he may cleerely see in what manner the temporall and spirituall power or the temporall and spirituall common-wealth are vnited and subordained let vs see what Mr. Fitzherbert would at length conclude 16 Whereupon I conclude saith he d Pag. 96. nu 6 that seeing this Oath now in question is as I haue proued by the law of God preiudiciall to the power and iurisdiction of the head of the Church to whom all Christian Princes are subiect euen by the law of Nature it followeth that the said Oath is no lesse vnlawfull vniust and repugnant to nature then if a husband should exact the like Oath of his wife or a Maister of his seruant or the father of his children I meane an Oath which should
doeth suppose the subiect to bee otherwise apt and well disposed For she hath power granted her by Christ to giue grace whereby we may come to the kingdome of heauen to Infants by the Sacrament of Baptisme and to men of discretion also by other Sacraments but especially of Penance by which the Priest as a Minister of Christ by vertue of the keyes which he hath receiued from Christ absolueth from sinnes and giueth grace neuerthelesse this power to worke actually her effect supposeth certaine necessarie dispositions on the behalfe of the persons who are to receiue the Sacraments as well in Infants as in men of discretion which dispositions the Church hath not alwayes power to procure Also besides this power which the Diuines call of Order the Church hath also power of Iurisdiction for shee hath authoritie to preach the word of GOD to correct sinners to make lawes and to punish the transgressours with Ecclesiasticall or spirituall punishments For as the Church and the Ecclesiasticall power is spirituall so also she ought to haue meanes proportionate to such an end Wee graunt therefore the antecedent proposition in this sense which we haue now declared but we deny c. 29 Now this Doctour although hee granteth all this which I haue said to bee true yet he cannot forbeare to take certaine idle exceptions against the same I answere saith he g Pag. 353. ad nu 179. seq although all this doe make little or nothing to the soluing of Cardinall Bellarmines argument but to the enlarging of the volume of his booke they make much yet I would relate what hee hath said for that I saw certaine things to bee noted therein But whether they make little or nothing to solue Cardinall Bellarmines argument you shall see anon this is a vsuall tricke of this Doctour especially when my answere or argument is of greatest force that hee knoweth not well what to reply thereunto then with some idle or despitefull words to shift it of as that it is spoken either to disgrace Cardinall Bellarmine or to make the Sea Apostolike odious and dreadfull to Christian Princes or that it is nothing to the purpose but to enlarge my booke and to make it seeme to bee of a competent volume and such like trifling toies which doe argue rather want of matter and a spirit of contradiction then a true desire to examine sincerely this important and difficult controuersie and which with as great facilitie and farre greater reason may bee retorted backe vpon himselfe for his often repeating of the same sentences and which are nothing to the purpose as that of S. Leo Ecclesiastica lenitas refugit cruentas vltiones Ecclesiasticall lenitie doeth shunne cruell punishments which is nothing to the soluing of my argument and spending many wordes to prooue that the Pope hath power to command and enioyne temporall penalties whereof I made no question and consuming twentie eight whole pages to prooue that S. Peter and his Successours are the heads of the Church which no Catholike doth deny and which make little or nothing to the impugning of my doctrine but to the enlarging the volume of his booke they make much 30 Now you shall see what goodly obseruations this Doctour hath found out in this part of my answere First saith he h Pag. 353. it is to bee obserued that my Aduersarie Widdrington I know not with what cunning hath transferred the question from the Ecclesiasticall common-wealth as it is distinguished from the Common-wealth of Christian Laikes to the Christian Common-wealth or the Church of Christ as it is distinguished from the companie of Pagans and infidels For in Bellarmines argument the Ecclesiasticall Common-wealth is taken in the first and not in the later sense But Widdrington answereth of the Christian common-wealth as it comprehendeth Church-men and Lay-men Let he himselfe see with what simplicitie hee did it who otherwise doeth seeme so scrupulously to shunne equiuocations 31 But first it is to bee obserued with what cunning or ignorance this Doctour affirmeth that I haue transferred the question from the Ecclesiasticall common-wealth as it is distinguished from the Common-wealth of Christian Laikes to the Christian common-wealth or Church of Christ as it is distinguished from the companie of Pagans and infidels See Apolog. nu 176. 180. seq seeing that I expresly spake of the Ecclesiasticall Common-wealth as it is a spirituall common-wealth and as it hath spirituall power Now with what colour of probabilitie can this Doctour inferre from any one word of mine that I euer saide that Ecclesiasticall or spirituall power doeth reside in Lay-men or that when I treate of the spirituall power of the Church or of the Ecclesiasticall common-wealth I take the Church as it comprehendeth Church-men and Lay-men True it is that the Ecclesiasticall or spirituall Common-wealth kingdome or Church of Christ when wee speake properly and generally is taken both by Cardinall Bellarmine and my selfe as it comprehendeth Cleargie-men and Lay-men that is as it containeth both spirituall power and spirituall subiection spirituall Pastours and spirituall subiects and therefore Cardinall Bellarmine before in his first reason affirmed that Kings and Bishops Cleargie-men and Lay-men doe not make two common-wealths but one onely that is one Church As likewise a temporall common-wealth or kingdome when we speake properly and generally is taken as it comprehendeth both temporall Kings and temporall subiects that is as it containeth both ciuill power and ciuill subiection For what man of iudgement speaking generally of a temporall kingdome by the name of the kingdome vnderstandeth onely the King himselfe but when he speaketh of the temporall power of a kingdome as I expresly spake heere of the spirituall power of the Ecclesiasticall Common-wealth no iudicious man can vnderstand that he speaketh of subiects wherein no temporall power doeth reside Let this Doctour therefore see himselfe with what simplicitie he said that I comprehended heere in this answere vnder the name of the Ecclesiasticall common-wealth Cleargie-men and Lay-men when I treated of the Ecclesiasticall or spirituall power of the Church 32 Secondly it is to bee obserued saith this Doctour i Pag. 354. that which Widdrington heere disputeth of an apt and well disposed subiect that the Ecclesiasticall power may therein worke her effect to be true and that Cardinall Bellarmine hath the same in his answere to the obiections of Paulus Venetus and yet that Widdrington after his accustomed vprightnesse commended the argument of Paulus Venetus and dissembled Card. Bellarmines answere Heere you see that this Doctour granteth the distinction which I made to bee true and that Card. Bellarmine approoueth the same but that which he addeth that I dissembled Cardinall Bellarmines answere is very vntrue for I neuer saw his answere and although I had seene it and so might haue commended his meaning and his declaration yet truely I should not haue commended his words being spoken so generally and without any limitation or declaration seeing
may be conceiued as not repugnant yet morally it is not possible for that this law being so neere to the law of nature and so conuenient according to naturall reason it is scarse possible that all Nations or the greatest part should agree to the abrogation thereof Neuerthelesse in another manner any one Communitie may command that among themselues onely such or such a law of nations be not kept and this manner is possible and morall And so the law of nations concerning the bondage of captiues taken in a iust warre is changed among Christians by an ancient custome of Chrstians which is as it were a speciall law of Christian nations and also by an expresse Imperiall law of Iustinian the Emperour Cod. de Episcopis Clericis leg Deo auxilium 29 Lastly Suarez distinguisheth the law of nations from the Ciuill law first in this that the law of nations is not written but is introduced by vse and custome wherein it differeth from the law of nature which although it be not written yet it is grounded in nature and not onely in custome but the Ciuill law is both written and not written Secondly that the law of nations is introduced by the vse and custome of all nations or almost all for it is sufficient to the law of nations according to Saint Isidore cited before g Nu. 25. that all nations or almost all nations well gouerned doe vse the same but the Ciuill law although it may also be introduced by custome yet it is introduced by the custome of one or few nations and bindeth onely them Thirdly that the Ciuill law may be altered wholly but the law of nations cannot speaking morally be altered wholly but onely in part which is not to be vnderstood of the whole collection of all the precepts of both lawes for so neither of them can morally be wholly changed because it is morally impossible to alter all the ciuill precepts in any one kingdome but it is to be vnderstood of euery singular precept which may easily be changed and abrogated throughout the whole kingdome but no one precept of the law of nations can throughout all nations bee abrogated although some nation doe not obserue it This is the opinion of Suarez concerning the difference betwixt the law of nature of nations and the Ciuill law 30 But although as well obserueth Salas this question is for the greatest part rather verball and of wordes then reall and of the thing it selfe for that all doe agree in this that whatsoeuer is forbidden by the law of nature is of it selfe euill and what is forbidden by the positiue law of men whether it bee of one nation of many or of all is not euill of it selfe but made euill by that positiue law and prohibition Neuerthelesse concerning that distinction which Suarez and Salas doe make of all nations or the greatest part as they are taken ioyntly and make one Societie or Common-wealth of mankind and of all nations as they are taken seuerally each one by themselues I haue one chiefe difficultie for in my opinion this distinction of theirs is meerely imagined and inuented without any good and sufficient ground because although all Nations doe make one Societie or common-wealth of mankind as they are referred to GOD the inuisible King and Gouernour of all mankind yet as they are referred to their visible Gouernours on earth they doe not make one but diuers totall Ciuill Societies Kingdomes or Common-wealths and consequently the lawes made by them are really diuers and not one law and so the law of nations is not truely and formally one law but diuers lawes obserued or by expresse or vertuall couenant agreed vpon by all or the greatest part of nations and it cannot bee called one law except by aggregation as all or the greatest part of nations as they are referred to their visible Gouernours on earth cannot bee properly and formally but onely by aggregation bee called one Ciuill Societie kingdome or Common-wealth as many stones laide together are by aggregation called one heape of stones no more then England France and Spaine be called one kingdome or parts of one totall kingdome compounded of them three or the lawes commanding or forbidding the same thing made or by couenant agreed vpon by these three kingdomes bee called one singular law 31 From whence it followeth first that the law of nations as it is a positiue humane law is not formally one singular law but many Ciuill lawes of diuers nations together although it may bee called one law of nations for that it commandeth and forbiddeth one and the selfe same thing Secondly that the Christian nation as it is referred to the visible Gouernours thereof is not properly and formally one Ciuill Societie Nation Kingdome or Common-wealth but many temporall Kingdomes professing the same Christian Religion although as it is referred to the supreame spirituall Pastour thereof it bee truely properly and formally one spirituall Societie Kingdome Church and mysticall body of Christ Thirdly that the law of nations as it is a positiue law may bee changed and wholly abrogated by any particular Kingdome or Common-wealth for as much as it concerneth onely that kingdome or Common-wealth because that law as it is in that kingdome or Common-wealth is intrinsecally to speake so a Ciuill law and hath not force by vertue of the law to bind the subiects of that kingdome or Common-wealth but as it was enacted and receiued by the Gouernors and subiects of that kingdome or common-wealth Neuerthelesse by vertue of some expresse or tacite pact couenant or agreement which properly is no law for that a law requireth a superioritie in the maker therof ouer the persons who are bound to obserue that law which superioritie a couenant doth not require made betwixt diuers kingdomes it may binde also the subiects of other kingdomes in which respect the law of nations for as much as it concerneth diuers kingdomes cannot be repealed and abrogated without the consent of both kingdomes because pacts and couenants may not be broken without the consent of all parties but if both parties doe agree it is lawfull not to obserue that couenant for as much as it concerneth onely themselues And so the custome of receiuing Ambassadours in time of hostilitie vnder the law or rather couenant of immunitie which is saide to bee brought in by the law of nations may be abrogated by the mutuall consent of two kingdomes for as much as concerneth themselues although other kingdomes will not for their parts agree thereunto And for the same reason any other lawe of nations as it is a pure positiue law may bee repealed by the consent and agreement of those kingdomes whom it doeth concerne although other nations will still obserue the same And this may suffice concerning the difference betwixt the law of nature of nations and the Ciuill law Now to Mr. Fitzherberts discourse 32 And as for the law of Nations saith hee h pa. 130. nu 5.
likewise Leo the Emperour was before depriued of his rents and reuenewes in Italie for heresie by Pope Gregorie the second Also Childerike King of France and Henry the fourth Emperour of that name had beene deposed from their states and dignities by the authoritie of the Sea Apostolike before the Councell of Lateran Therefore the said Councell had reason to thinke it altogether needelesse to determine any thing concerning the lawfulnesse of a matter alreadie admitted and practised 43 But truely any learned man would be ashamed to argue so vnlearnedly that because some Popes before the Councell of Lateran deposed Christian Princes wherein neuerthelesse they were greatly contradicted by Princes and subiects therefore the Popes authoritie to depose is vndoubtedly lawfull or because a matter is alreadie practised and admitted by many though contradicted and not admitted by others there needeth no determination to make the lawfulnesse thereof certaine and manifest It is true that diuers Popes since the time of Gregory the 7. who was the first that contrary to the custome of his Ancestours challenged to himselfe authority to depose the Emperour Onuphrius lib. 4 de varia creat Rom. Pont. saith Onuphrius haue put in practise this their pretended authority but it was euer contradicted both by Christian Princes and subiects And in particular concerning those examples which Mr. Fitzherbert here bringeth it is euident that many Catholike Authours whom I related elsewhere p Apolog. num 404. seq doe denie that Pope Zachary did depose Childerike in any other manner then by consenting to the Peeres of France who deposed him and by declaring that he might be lawfully deposed by the Peeres of France and his subiects absolued from their oath of allegiance That of P. Gregory the second or the third for my Aduersaries do not agree which of them it was Onuphrius vbi supra Otho Frsingensis lib. 6 cap. 35. Sigebert ad annum 1088. Godfridus viterb par 17. Trithem in Chron. monast Hirsang ad adnum 1106. Onuphrius calleth a fable Pope Gregory the 7. did indeede depose Henrie the fourth Emperour but how greatly hee was contradicted therein all Histories make mention and how it was accounted a great noueltie it is manifest by Otho Frisingensis Sigebert Godfridus Trithemius Onuphrius and also by the Epistle of Hermanus Bishop of Metz to Pope Gregory q Vide epistol Greg. 7. ad Herman lib. 8. Epist 21. concerning this poynt 44 Also Pope Innocent the third did depose Otho as before he deposed Philip and hereof he wrote a Decretall Epistle or Breue to the Duke of Zaringia which is registred in the Canon Law in Cap. Venerabilem de elect electi potestate which decree or decretall Epistle Albericus a famous Lawyer r In Dictionar in verbo electio Abbas Vrsperg ad annum 1198 affirmeth to be made by Pope Innocent against the liberty and rights of the Empire And Abbas Vrspergensis not onely reprehendeth that decree as containing in it against Philip many absurd things and some falsehoods but he also taxeth the Princes and Barons of periurie who saith he being taught by diabolicall art did not regard to breake their oathes nor violate their faith now forsaking Philip and adhering to Otho and contrariwise And how this deposition of Otho was contradicted by him Naucler gener 41. ad annum 1212. Nauclerus whom my Aduersary citeth doth plainely testifie who writeth that Otho speaking to the Princes of Germany affirmeth that it belongeth to their right and not the Popes to create and depose the Emperour But to see in what manner Otho was made Emperour to the infinite wrong of Fredericke the second being then a childe and without fault and who in his cradle was by almost all the Princes of Germany in the time of his father Henrie the sixt Emperour chosen to be their King and to whom they made their oath of allegiance and for what cause this Otho after hee was made Emperour was deposed by the Pope it would make euen a stonie heart to bleed and truely my Aduersaries in vrging these examples doe in my iudgement shew great want of discretion Naucler generat 41. ad ann 1193. Matth. Paris in Ioanne Rege an 1210. in giuing thereby occasion to rip vp many odious matters and which for reuerence to the Sea Apostolicke it were much better they were buried with perpetuall silence and obliuion See Nauclerus and Mathew Paris cited heere by my Aduersary 45 Also Pope Innocentius the fourth in the presence of the Councell of Lyons but without the approbation of the whole Councell did depose Fredericke the second but how greatly he was contradict therein both by the Emperour himselfe and also by the Princes of Germany and others it is manifest The Pope saith Abbas Stadensis Abbas Stad ad annum 1245. did vpon S. Iames his day renew in the said Councell of Lyons the sentence of Excommunication against the Emperour and by his owne authority therefore not of the Councell did depose him from his Imperiall dignity and this deposition he published throughout all the Church commanding vnder paine of Excommunication that none should hereafter name him Emperour which sentence flying throughout the world certaine of the Princes with many others did gainesay affirming that it doth not belong to the Pope to create or depose the Emperour but to crowne him that is chosen by the Princes And Nauclerus Naucler generat 42. ad ann 1242. seq to whom Mr. Fitzherbert in the margent remitteth his Reader affirmeth that the Emperour Fredericke in a letter to the King of France contended to prooue that the Popes sentence denounced against him was in law and right inualid and among other reasons of the Emperour hee alledgeth this that although the Bishop of Rome hath full power in spiritualls that he may absolue and binde all sinners yet it was neuer read that by the graunt of the law of God or man he hath power to transferre the Empire at his pleasure or to iudge temporally of Kings and Princes in depriuing them of their kingdomes And also what contradiction Pope Innocent found by that practise Trithemius relateth affirming Trithem in Chron. Monast Hirsang ad ann 1244. that Fredericke after his deposition came into Italy and did afflict the Pope and the people subiect to him with so great euills that he was weary of his life and wished that he had neuer thought of that deposition Iudge now good Reader what Mr. Fitzherbert dare not auouch affirming so boldly and shamefully that the authority of the Pope to depose Princes was not then doubted of or any way called in question but admitted for a knowne truth and with what security thou maist repose thy soule and whole estate vpon the learning and conscience of this man who with such grosse fraude and ignorance seekth to delude thee But to these examples I haue heeretofore partly in my Apologie and partly in this Treatise
another generall Councell of like authority and why a Bishop for example of Spaine as he is a part of the generall Councell which is a true formall body representing the whole Catholike Church hath power and iurisdiction ouer the Christians of another temporall kingdome for example of France and contrariwise but a temporall or Ciuill law made by the consent of all Christian Princes may bee repealed by euery Prince for as much as concerneth his owne kingdome by whose onely authoritie that law had force to binde in his kingdome which in temporalls is subiect to no other Prince but himselfe alone and therefore as that law had not force to binde in his kingdome from the authoritie of any other Prince so the authoritie and consent of no other Prince is necessarie for the repealing and abrogating of the same So as thou seest good Reader that my third answere is no way defectiue but in euery thing sound and sufficient and that Maister Fitzherbert in the impugning thereof hath very grossely bewrayed his egregious fraude and ignorance CHAP. XIIII VVherein three Instances grounded vpon three examples of Popes decrees and sentences brought by Widdrington to confute three arguments of Fa. Lessius whereby hee laboured in vaine to demonstrate that the foundations of the decrees and sentences of Popes and Councells must bee certaine and of faith are prooued to bee sound and sufficient and the first example brought by Widdrington is confirmed and M. Fitzherberts exceptions against the same are confuted and hee himselfe in setting downe Widdringtons instances and applying them to the decree of the Lateran Councell is conuinced of manifest fraude and falshood 1. AFter I had giuen the aforesaide third answere to that Act of the Lateran Councell as you haue seene before I insinuated another difficultie a In the aforesaid Preface nu 51. concerning that Act in these wordes I omit now that those wordes that from that time the Pope may denounce or declare his Vassalls absolued from his fealtie doe containe in them some difficultie for if wee will regard the force or proprietie of the wordes they seeme onely to signifie that it belongeth to the Pope not truely to absolue Vassalls from their fealtie but onely to declare them alreadie absolued which is not the question which wee haue now in hand But this difficultie Mr. Fitzherbert passeth ouer with silence and skippeth to examine three instances which I did not onely imagine or suppose as hee saith would be made against my last answere but which Fa. Lessius in those expresse words by me related in a booke of his called Disputatio Apologetica pro potestate Summi Pontificis which went heere vp and downe for a while in hugger mugger and whereof by chance I had then a view but now it cannot be seene but by very speciall and secret friends which is a manifest token of a great diffidence in his cause did bring to demonstrate and cleerely conuince that it is a manifest point of faith that the Pope hath power and authoritie to depose temporall Princes and to absolue subiects from their temporall allegiance 2 And because Mr. Fitzherbert doth ouer much pare and curtoll those three instances which I brought to confront and paralele with the three arguments or obiections vrged by Fa. Lessius I thinke it not amisse first of all to relate them word by word as there they are set downe by me Wherefore the first argument or obiection of Fa. Lesus is this 1. Argument of Fa Lessius That doctrine doth appertaine to faith which Popes Councels and Doctours doe eyther propound or suppose as a certaine and vndoubted ground or foundation of their Decrees and sentences but this doctrine for the Popes power to depose Princes and to absolue subiects from their allegiance is eyther propounded or supposed by Popes Councels and Doctors as a foundation of many Canons and iudiciall sentences therfore this doctrine doth appertaine to faith 2. Argument 3 His second argument is this If a Generall Councell should expresly define that the Church hath this authoritie no Catholike could make any doubt but that this matter should appertaine to faith but seeing that it doth suppose it as a sure and certaine foundation of her Decrees and Sentences shee is thought no lesse to affirme the same therefore it ought to be accounted no lesse certaine 3. Argument 4 His third argument is this It is a poynt of Faith that the Church cannot erre in doctrine and precepts of manners by teaching generally any thing to be lawfull which is vnlawfull or vnlawfull which is lawfull or also by commanding any thing which is per se of it selfe vnlawfull for such an errour is no lesse pernicious to the faithfull then is an errour in faith But if the Pope should not haue that authority to depriue temporall Princes of their dominions the Church should erre in doctrine of manners and that in matters of very great moment For shee teacheth that after a Prince is deposed by the Popes authority all his subiects are absolued from his obedience and that his dominions may bee taken by another as it is manifest by the Councells Also that after a Prince is publikely excommunicated his subiects are absolued from their Oath of Allegiance in so much that they are not bound to obey him vntill hee he reconciled yea and she doth forbid them to obey him if the Censure be denounced All which shall be false and not onely false but also pernicious for that the subiects shall thereby be incited to rebellions and periuries yea and against their will be compelled thereunto Therefore the Church doth erre in doctrine of manners and commandeth rebellions and periuries and by her Censures doth compell men thereunto but to affirme this is hereticall therefore that also from whence this followeth is hereticall to wit that the Church hath not authority to absolue subiects from the bond of their oath and from their obedience 5 Thus argueth Fa. Lessius to which his arguments I did not answer in forme but onely propounded three other instances or arguments to confront them with his whereby the learned Reader might cleerely see the weakenesse and insufficiency of his obiections which my arguments I grounded in like manner vpon the dispensations decrees and iudiciall sentences of certaine Popes in these words * Praefatio Apol nu 56. seq 6 And first of all is not the due administration of Sacraments a matter of great moment and chiefly belonging to the Popes office is not an error concerning it to be accounted very pernicious But the Pope hath oftentimes giuen leaue to a Priest who was no Bishop to minister the Sacrament of Confirmation b As it appeareth by S. Gregory lib. 3. epist 26. and it is related in the Canon peruenit dist 95. and many Abbots at this day haue the same faculty Concil Flor. circa finem in Decreto Eugen. whereas it is a great cōtrouersie among
some speciall lawes might be introduced by the custome of the said nations For as in one Citie or prouince a custome doth bring in a law so also in the vniuersitie of mankind the law of nations might by custome be introduced and especially for that those things which belong to this law are both few and also very neere to the law of nature and haue from it a very easie inference and are so profitable and conuenient to nature it selfe that although it be not an euident inference as of a thing altogether necessary to morall honesty or vertue yet it is very conuenient to nature and of it selfe acceptable to all men 20 Wherefore the opinion of these Authours doth consist in these points The first is that the law of nations doth not onely permit or graunt somethings but also command and forbid by binding vnder sinne for that otherwise the law of nations would not properly be a law neither should a law in generall being taken properly and as it is a rule of reason or of vertue and vice which intrinsecally includeth some precept be well diuided into the law of nature of nations Vasque disp 157. cap. 4. in fine Thom. prim secun q. 95. ar 4. and the Ciuill Law and yet Vasquez himselfe doth affirme that the law of nations was by S. Thomas rightly numbred among humane lawes Besides the law of naure and the Ciuill law doe permit and grant many things and so the law of nature doth grant or permit but not command a man to marry a wife and to keepe and conserue his proper libertie and therefore it is not proper to the law of nations to permit or grant neither ought it by this to be distinguished from other lawes Moreouer if a permissiue or concessiue law in respect of all mankind as liuing in ciuill societie is called the law of nations why may not also a preceptiue or commanding law although it suppose ciuill societie in the same respect be called a law of nations Neither can there be made any doubt but that from ciuill society and from the positiue law of nations yea and from the ciuill law may arise a naturall obligation as for subiects to obey the positiue lawes of their princes for children to honour their parents for married persons to obserue coniugall duetie for seruants in generall to serue their masters e But see aboue cha 6. nu 23. nu 93. seq not to take away by priuate authoritie the goods of another man which hath beene giuen him by the positiue lawes or grants of temporall Princes and many such like all which doe suppose some ciuill society 21 The second is that the Ciuill Lawes and the Diuines doe not speake commonly of the law of nations after the same manner For the Diuines doe commonly call the law of nations that law which is ordained and made by nations and the law of nature they call that which nature it selfe or the prescript of naturall reason without the will and decree of man doth make and ordained But the Ciuill Lawyers doe oftentimes call the law of nature that law or right which is common also to brute beasts the law of nation that law which all men and onely men doe vse although-otherwise it be grounded vpon naturall reason as you may see in ff de iust iure where the law of nature is described to be that which Nature hath taught all sensible creatures and is not onely proper to men but common also to beastes fishes and birds as carnall copulation getting of children and bringing of them vp and the law of nations is described to be that which all Nations doe vse and which is common onely to men among themselues as Religion towards God to obey our Parents and Countrey to defend our selues from wrong and iniurie And therefore as very well obserueth Paradulphus Prateius cited by Salas Salas Disp 2. seq 4. vnlesse one diligently obserue which hath giuen occasion to many men of errour that the law of nations is by the Lawyers sometimes taken for the true law of nature and sometime it is taken for that law which is made and receiued by the greatest part of mankind and doe very well distinguish these two he will neuer come to the true knowledge of the law And therefore Bartholus to auoide this confusion doth distinguish two lawes of nations the one he calleth Ius primarium the first or principall law and this is the very law of nature which he defineth to bee that law which from the very beginning of Nations was introduced by naturall reason without any decree or constitution of Nations and the other he calleth Ius secundarium the lesse principall law of nations which all Nations doe vse by their owne decree or constitution 22 The third is that the law of nations being taken most properly and rigorously is both a positiue law as many Doctours cited by Salas doe hold that is it is a law made and enacted by the positiue constitution of men and not by the prescript of naturall reason Salas disp 2. sec 3. and also that the law of nature which doth containe in it both the knowne principles of nature or naturall reason and also the conclusions which are clearely easily directly deduced from those principles is not properly the law of nations And this also the Emperour Iustinian doth sufficiently confirme f Institut de Iure nat Gent. ciuile who maketh this distinction betwixt the ciuill law the law of nations that whatsoeuer euery particular people or nation doth enact or ordaine that is called the ciuill law as being a law proper to that citie But the law of nations is common to all mankind for that custome and humane necessities so requiring the nations of men haue made to themselues certaine lawes and truely if those lawes were naturall they could not be well said to bee made by men but by nature it selfe or by God the Authour of nature Seeing therefore that the law of nature is not made by men it cannot properly be called the law of nations Whereupon it followeth that it is not for this cause onely called the law of nations for that all nations doe vse it obserue it receiue or admit it as being easily and directly deduced from the very principles of nature but for that they doe vse obserue receiue and admit it as being the Authors and enacters thereof 23 So that as the ciuill law and the law of nature doe take their name or denomination from the Authors or makers thereof so also the law of nations Wherefore the law of nations is that which nations made for themselues and therefore it is a positiue law For all nations as they make one Communitie of mankind haue power to bind euery particular man to those things which are conuenient to all mankind as euery city hath power to bind euery member thereof to those things which are conuenient for that
Citie and euery kingdome to those things which are conuenient for the whole kingdome And that all nations had intention to binde men to some things it is manifest by tradition they might sufficiently declare their intention by words customes or other signes especially in the beginning of the world when in regard of the few number of men and of their mutuall loue and concord it was an easie matter for all or the greater part of men to agree in the same will or intention and in some manner to publish and declare the same And this law is not the law of nature for that it is grounded in humane will and not in any necessary prescript of naturall reason neither is it the Ciuill law for that it is not proper and peculiar to one Citie or Kingdome therefore it is to be called the law of nations not onely for that nations doe vse receiue and admit it and are bound to obserue it as Mr. Fitzherbert doth heere insinuate for that they are bound also to receiue admit and obserue the law of nature but because it hath it force and obligation to bind themselues as from the Authors makers and enacters thereof 24 And by this the Reader may easily perceiue that the law of nations properly so called is not according to these Diuines comprehended in the law of nature as a part in the whole but is distinct from it essentially albeit they doe agree in many things Suarez lib. 2. cap. 19. 20. as Suarez doth declare at large For first they agree that both of them are in some sort common to all men in which respect both of them may be called the law of nations or of men if we onely regard the word or name Secondly they agree that as the matter of the law of nations hath regularly place onely among men so also the matter of the law of nature is proper to men either altogether or for the most part for sometimes also the law of nations may dispose in a matter common to brute beasts as in permitting fornication or the carnall company with sundry persons which is common also to beasts And therefore many examples which by the Ciuill Lawyers are contained vnder the law of nations onely in regard of this condition as Religion towards God honour to Parents piety towards our Countrey and such like doe onely in name belong to the law of nations properly so called for in very truth they appertaine to the law of nature Thirdly they agree that in both of them are contained precepts and prohibitions and also graunts concessions and permissions 25 But they differ first and principally for the affirmatiue precepts of the law of nations doe not inferre any necessitie of the thing commaunded onely of it owne nature by some euident deduction from the principles of nature for whatsoeuer is of this kind is naturall and therefore this necessitie must onely proceede from the consent and positiue constitution of men And in like manner the negatiue precepts of the law of nations doe not forbid any thing because it is euill of it selfe for this also is meerely naturall Wherefore in regard of humane reason the law of nations doth not onely declare the act to be euill but doth also make it euill neither doth it forbid euill for that it is euill as the law of nature doth but by forbidding the act it maketh it euill Secondly they differ in vniuersalitie and communitie to all Nations for the law of nature is common to all and only through error ignorance it is not kept by some but the law of nations is not alwaies but regularly common to all or almost all nations as S. Isidore writeth Isidor lib. 5. Etymolog ca. 5. whereupon without any errour that law may in some places not be obserued which by others is thought to belong to the law of nations 26 Thirdly they differ in mutability For the law of nations cannot bee so immutable as the law of Nature because immutability doth proceede from necessity and therefore where there is not the like necessity there cannot bee the like immutability Whereupon wee may easily gather that the precepts of the law of Nations are mutable for as much as they depend vpon the consent of men And the reason isâ— for that those things which are forbidden by the law of Nations are not simply absolutely and intrinsecally euill of themselues because these precepts are not deduced from the principles of nature by any necessary or euident deduction but doe onely binde by vertue of humane consent which hath been introduced at leastwise by a generall custome and therefore in regard of the matter there is no repugnance that in the law of Nations there may be made some alteration so that it be done by sufficient authority 27 Wherein it is to be obserued that this mutation doth happen otherwise in the law of Nations which is onely common for that all or many Nations doe agree in such or such a law and otherwise in that law which is common by the vse and custome of Nations as among themselues they haue a certaine Society and communication For the first law may bee changed by a particular Kingdome or Common-wealth for as much as concerneth that kingdome or Common-wealth because that law as it is in that Kingdome or Common-wealth is intrinsecally a Ciuill law to speake so and it is onely called the law of Nations either for that other Nations haue the same law or else for that it is so neere to the law of Nature that from thence the vniuersality of such a law doth arise But this law as it is per se and of it owne nature in euery Common-wealth doth depend vpon their peculiar determination and authority or custome of that Common-wealth in it selfe and without respect to other Common-wealths therefore it may be changed by that Common-wealth for as much as concerneth that Common-wealth although others doe not consent thereunto because euery Common-wealth is not bound to conforme her selfe to others As for example any Common-wealth may ordaine that within her selfe common harlots shall not be permitted or that all vniust buyings and sellings in euery excesse whatsoeuer shall be repealed and made voide or that they shall not vse money but other kinds of exchangings for although these things be not done de facto because there is no cause or profit to doe the same yet in respect of morall honesty and sufficient authority they doe not repugne to be done 28 But in the other law of Nations it is farre more hard to make any alteration because it doth respect the common good of all nations and it seemeth to be made by the authority of all and therefore without the consent of all it cannot be abolished Neuerthelesse in regard of the matter there is no repugnance but that it may be altered if all Nations should consent or if the contrary custome should by little and little be brought in But although this