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

temporall iurisdiction of the heathen and that both Albert Pighius and Robert Bellarmine and ● other notable Diuines doe ingenuously confesse For Christ came not to dissolue the law but to fulfill it Nor to destroy the lawes of nature and nations or to exclude any person out of the temporall gouernment of his estate Therefore as before his comming Kings ruled their subiects by a ciuill power so also after that he was come and gone againe from vs into heauen they retained still the selfe same power confirmed also neither then any whit diminished by the doctrine of the Apostles If therefore Peter and the other Apostles before they followed Christ were subiect to the authority and iurisdiction of heathen Princes which can not be denied and the Lord hath no where expresly and by name need them from the obligation of the law of nature and of nations it doth follow necessarily that euen after the Apostleship they continued vnder the same yoke seeing it could no way hinder the preaching and propagation of the Gospell For although they had been freed by our Sauiour his warrant what I pray you had this exemption auailed them to the sowing of the Gospell or what could those few and poore men haue done more being in conscience loosed from the band of temporal iurisdiction then if they were left in their first estate of obedience seeing that that priuiledge of liberty if they had obtained any such thing had been hindred and frustrated by the seruile and vniust courses of vnbeleeuing Princes and people But it appeareth both by their doctrine and practise that they themselues were subiect to Princes like other citizens for that can not be laied in their dish whereof Christ challengeth the Scribes and the Pharisies that they did one thing and taught an other Now they taught christians that the subiection and obedience whereof we speake is to be giuen to Kings and Princes for which cause Paul himselfe appealed to Caesar and willed all christians to be subiect to the temporall power of the heathen not only because of wrath but also for conscience sake Now for that some say that in that place S. Paul doth not speake of the temporall power of secular Princes but of power in generall that euery one should be subiect to his superior the ciuill person to the ciuill the ecclesiasticall to the ecclesiasticall it is a mere cauill and an answer vnworthy of learned men and Diuines Seing in that time there was commonly no other iurisdiction acknowledged amongst men then the ciuill and temporall and the Apostle inspired with the spirit of God so penned his Epistles as that he did not onely instruct them that were conuerted to the Faith and admonish them of their dutie least they should thinke that they were so redeemed by Christ his bloud as that they were not bound any longer to yeeld obedience to any Ciuill power which conceit was now wrongfully setled in the mindes of certaine persons relying vpon the honor and priuiledge of the name of a Christian but also that hee might giue the Heathen and Infidels to vnderstand that Christian religion doth take no mans interest from him neither is it in any manner contrary to the temporall authoritie and power of Kings and Emperours Therefore it is cleare that in that place the Apostle ought to bee vnderstood of the Temporall power onely because at that time as hath beene said there was no other authoritie acknowledged and in that sense haue the ancient Fathers euer interpreted the Apostle in this place wherupon S. Austine in the exposition of that place confesseth that himselfe and by consequent in his person all the Prelates of the Church are subiect to the Temporall power whose wordes because they bring great light to this disputation I will set downe entier as they lye Now for that he saith Let euery soule bee subiect to the higher powers for there is no power but of God he doth admonish very rightly lest any because he is called by his Lord into libertie being made a Christian should be lifted vp into pride and not thinke that in the course of this life that he is to keepe his ranke neither suppose that hee is not to submit himselfe to the higher powers to whom the gouernment is committed for the time in Temporall affaires for seeing we consist of minde and bodie as long as we are in this temporall life and vse temporall things for the helping of this life it behooueth for that part which belongs to this life to be subiect to powers that is to men who in place and honour doe manage worldly matters But of that part whereby we beleeue in God and are called into his kingdome wee ought not to be subiect to any man that desires to ouerthrow the same in vs which God hath vouchsafed to giue vs to eternall life Therefore if any man thinke because he is a Christian that he ought not to pay custome or tribute or that hee need not to yeeld honour due to those powers who haue the charge of these things he is in a great error Againe if any man thinke that he is to be subiect so far as that he supposeth that hee who excels in authoritie for temporall Gouernment hath power ouer his Faith he falls into a greater error But a meane must bee obserued which the Lord himselfe prescribeth that we giue to Caesar those things that are Caesars and to God which are Gods Here Austine comprehends many things in few words which support diuers of our assertions which are here and there set downe in this Booke For both first he teacheth that which we haue said that the profession of Christian Religion exempteth none from the subiection of Temporall power whereof two things necessarily follow whereof the one is that the Apostles and all other Christians were subiect to the authoritie of Heathen Princes and Magistrates and therefore that neither S. Peter nor any other Apostle was endued with any Temporal power ouer Christians for that it was wholy in the hands of the Heathen as we haue shewed in this Chapter The other that it was not lawful for those first Christians to fall from the obedience of Heathen Princes and to appoint other Princes and Kings ouer themselues although they had strength to effect it as Bellarmine vntruly thinketh because they were not deliuered from the yoke of Temporall power to which they were subiect before they receiued the Faith of Christ which we will declare hereafter Chap. 21. in a large discourse Thirdly seeing he speaketh generally of that subiection and vseth such a speech wherein he includeth himselfe and excepts none he doth plainly enough declare that Clergie-men as well as Lay-men are in this life subiect to Temporall power Lastly he deliuereth vs a notable doctrine of a twofold dutie of Subiects both toward God and toward the King or the Temporall power in what manner both of them ought to serue and yeeld that which

heart those wordes doe testifie which he writeth more expresly about the end of that Epistle of his necessarie subiection and obedience toward the Emperour Mauricius had made a law which though it were vniust and preiudiciall to the libertie of the Church yet Gregorie receiuing a Commandement from the Emperour to publish it did send it accordingly into diuers countries to be proclaimed Therfore thus he concludes that Epistle I being subiect to the Commandement haue caused the same law to bee sent abroad into diuers parts of the world and because the same law is no whit pleasing to Almightie God behold I haue signified so much to my honorable Lordes by this letter of my suggestion Therefore in both respects I haue discharged my dutie in that I haue both performed my Obedience to the Emperour and haue not concealed that which I thought on Gods behalfe O diuine Prelate and speech to be continually remembred to all succeeding Bishops of all ages But ô God! whether is that gentle and humble confession banished out of our world to which this threatning and insolent speech against Kings and Emperors hath by little and little succeeded We being placed in the supreme throne of iustice possessing the supreme power ouer all Kings and Princes of the vniuersall earth ouer all Peoples Countries Nations which is committed to vs not by humane but by diuine ordinance doe declare will command c. which word it is plaine euen by this that they are false and vaine because the Pope hath neither spirituall nor temporall power ouer vnbeleeuing Princes and People as Bellarmine with very good reason sheweth in his bookes of the Bishop of Rome These and such like fashions as these who will they not driue into amazement and wonder at so great a change of the Popes state and gouernment or doe they not giue to all men iust cause to enquire wherefore the former Popes in the most flowrishing age of the Church acknowledged themselues to be the seruants subiects and vassals of Princes and obeied their authority in temporall matters when as they notwithstanding were ouer them in spirituall and our later Popes professe themselues to be Lords of all Kings Princes Countries and Nations In very truth this matter doth giue no small occasion to many learned men and good Catholikes to doubt of the iustnesse of this change yea indeed to beleeue that a temporall gouernement so great and so absolute had his beginning in the persons of Popes not from God omnipotent but from the impotent ambition of certaine men and that it was not in the beginning conferred from heauen vpon Peter by the Lord Christ but was vsurped by certaine successors of Peter many ages after according to the fashion of the world that is certaine Popes hauing a massed huge store of wealth and riches and fostering their blind ambition and sury by little and little challenged that greatnesse to themselues whereby they laboured and stroue that it might be lawfull for them to take away and bestow what soeuer Kingdomes and Principalities are in the world Sure they were men and as other men are sometimes too greedy of vanity as was he who only for the malice he bare against Philip the Faire King of France set forth a decretall constitution which brought foorth so many scandalls so many dangers that it deserued foorthwith to be abrogated by Boniface his successor Now the admirable and miserable assentation of certaine flatterers gaue increase and nourishment to that vice in them who by their fond and foolish assertions such as now these Bozian fancies are affirmed that all things were lawfull for the Pope and that by Gods law all things were subiect to him Whereby we may maruaile the lesse if many of them did so far forget their Bishoplike and Apostolike modesty that through a desire to enlarge their power they encroched vpon other mens borders Of whom Gaguinus a learned man and religious taxing by the way an authority so far spread and vsurped as he calls it Therefore so great saith he is their height and state that making small reckoning of Kings they glory that they may doe all things Neither hath any in my time come to the Popedome who hauing once got the place hath not forthwith aduanced his nephewes to great wealth and honor And long before Gaguinus S. Bernard Doth not in these dates ambition more then deuotion weare the thresholds of the Apostles vpon this occasion Platina In this manner dieth that Boniface who endeuoured to strike terror rather then religion into Emperors Kings Princes Nations Peoples who also laboured to giue Kingdomes and to take them away to famish men and to reduce them at his owne pleasure And the same Gaguinus in another place Such an end of his life had Boniface the disdainer of all men who little remembring the precepts of Christ indeuoured to take away and to bestow Kingdomes at his pleasure when as he knew well enough that he stood in his place here in earth whose kingdome was not of this world nor of earthly matters but of heauenly who also had procured the Popedome by subtelty and wicked practise and kept Caelestinus in prison while he liued a most holy man of whom he receiued honor CHAP. IV. NOw I do chiefly find two things which seem to haue giuen vnto the Popes the opportunity to arrogate so great power to themselues The one is the very great honor which as indeed there was reason was giuen to the chiefe Pastor of soules by Princes and christian people and yet ought to be giuen to him and the forestalled and setled opinion of the sanctity of that sea of the blessed Apostles Peter and Paul which is conspicuous and excelleth amongst all men in all spirituall honor and authority and in that respect hath been beyond all other most increased and honored with wealth and riches By these meanes all men were very easily perswaded to beleeue that neither the Pope in regard of his holinesse would challenge to himselfe any authority which did not appertaine vnto him and also that it was not lawfull for a christian man in any manner to disobey the Popes commandements Whereby it came to passe that sundry Popes whose mindes were too much addicted to ambition and vaine glory embouldned and hartned through the confidence of this so great reuerence and affection of men towards them drew to themselues this power ouer Kings which was vtterly vnknowen to the first successors of Peter The which also passed the more currant by reason of the preoccupate and now engrafted conceipt of the people and ignorant folke who being possessed of this opinion of holinesse did verily beleeue that the Pope could not erre either in word or deed and also by the writings of certaine cleargy men catholikes and Canonists who either erring through ignorance of the truth or wholly resolued into flattery of their Prince the Pope of whom they did

depend did heape and lay vpon his only person all the power which is in the vniuersall world with these allurements and inuitations the Popes who of their owne accord ran with speed enough toward honor and greatnesse were now much more enflamed as it were with certaine new firebrands of ambition and aspiring thoughts For all how many soeuer held that sea lawfully gouerned the Church with an authority equall to Peter but not all of them burning with the zeale of Peter gouerned it with equall disposition to him Nay I can not write it without griefe of heart it is certaine that many crept into that place by violence and villany others did breake into it and defiled the most holy Chaire with the filthinesse of their liues and behauiour others also who were aduanced to the height of that dignitie burned with an ambitious desire of ruling and out of their emulation and enuie against secular Kings and Princes endeuoured by all deuise and cunning to enlarge the bounds of their gouernment which in the beginning was meerely spirituall with the encrease of temporall Iurisdiction and authoritie Which affectation although at the first diuers supposed to be a grace and ornament to that great dignitie which the Vicar of Christ in earth and the successor of blessed Peter doth hold yet when some of them grew to that insolencie that they supposed it lawfull for them not onely to throw downe Kings from their Thrones but also to giue away great and goodly kingdomes for reward nay for a pray and to grant them to any that would seaze vpon them then surely there was no reasonable man but hee greatly misliked that vnreasonable pride of minde and either shed teares or conceiued great anger at the same Who was there at that time that did not either mourne inwardly or gnash his teeth in his head when that most proud Pope whom we mentioned before presumed so arrogantly to depriue that most mightie Monarch Philip the Faire of his kingdome and to bestow it together with the Empire vpon Albert Duke of Austria And that for no other reason in the world but because the King had laid his Legate by the heeles for threatning him in so saucie manner as he did as though by that Act the King of France whom a little before Innocent the 3 had ingeniously confessed that he had no superiour in temporall matters he had resigned his kingdome to the Pope as Client and Feudaire to him for so he denoūceth to the King by the Archdeacon of Narbona that the kingdome of Fraence was escheted to the Church of Rome for his Contumacie and violating of the law of Nations which speach of his what doth it else imply but that this kingdome in all mens iudgement the most free and flourishing kingdome of the world and by example and precedent thereof all other Christian kingdomes are as Benefices and Feudes of the Church of Rome and euen of the Pope himselfe seeing they could not otherwise escheate to that Church for Contumacie felonie as they tearme it vnlesse the direct temporall Dominion and fee of those kingdomes were in the same Church The other occasion of affecting so great a temporall Iurisdiction was presented by the sword of Excommunication the principall bulwarke of the spirituall gouernment which was so great terror to the world that the people durst neither neglect nor contemne the Popes curses being armed fortified howsoeuer by right or by wrong with the thunderbolt of Excommunication and this voice did vsually sound out of Pulpits That euery Excommunication although it were vniust was to be feared and that it belonged only to the Pope to iudge whether it were iust or vniust Besides that also that a man ought neither to eat nor to haue any Commerce with Excommunicate persons With which warnings and threatnings the Subiects of Princes excommunicate being for the most part terrified did fall from their Obedience and that which in Euils of this Nature was the worst of all the Pope partly by threatning of the like Curses partly by perswasions and gifts raised other Princes against a Prince that had been excommunicate by him For this cause those Princes vpon whom this malice of the Popes did sit so hard being wrapped in so many dangers on euery side and exposed to such a hazard of their estate made choise rather to pacific an angry Pope with the submission of their Crowne and Scepter and to redeeme their vexations then for their owne particular to embroyle all the world and to set all a fire with sedition and armes This short and compendious way had Popes to exanimate and daunt Kings and Princes with feare and almost to obtaine a victorie without striking stroke Notwithstanding many Princes of good resolution withstood such attempts and proffers of Popes and that so stiffely that the mischiefe which followed thereon turned rather to the Popes hinderance then the Prince But in this place the Reader may please to be aduertised that this Opinion which was so rife in euery mans mouth That euery Excommunication is to be feared ought to be vnderstood with this exception without that it manifestly appeare that it is vniust for then it is neither to be regarded nor feared so as the partie excommunicate be free from contempt and presumption for then it workes backwards and hurts not him against whom it is cast but him from whom it is cast Of which sort that Excommunication seemeth to be which is charged vpon Subiects because they obey their King or Prince being excommunicate in those things which belong to temporall Iurisdiction and doe not repugne the Commandements of God as shall hereafter be declared in a more conuenient place Besides neither is that alwaies true That we ought not to haue commerce or eat meate with Excommunicate persons for in this case it is not true where the danger is apparant least by such a separation some great mischiefe arise in the Church as vsually it doth when a Prince is excommunicate if his Subiects forbeare to communicate with him for there is neuer any Prince so much forlorne who cannot finde friends and clients by whose aide and armes hee may maintaine his cause although it be neuer so vniust with great hurt both to Church and common-weale whereof both in the memorie of our Forefathers and in our owne age there haue beene lamentable examples in Christian countries where I say any such thing is feared a separation of bodies is not necessarie But it is enough to be seuered from such in heart to be distinguished by life and manners for the preseruation of Peace and Unitie which is to bee preserued for the health of those which are weake as S. Austine excellently teacheth whereby it seemeth to follow that the Pope doth very vnaduisedly who forbids the Subiects communion and societie with their Prince so oft as no small both diuision and confusion hangeth ouer Church and Common-wealth yea that in such a Case

premisses because if the Pope wil transferre any kingdome from one to another he may say that he iudgeth it necessary for the health of soules and none 〈…〉 of has iudgement as hath beene said And 〈…〉 his pleasure whether he will take from 〈…〉 but that all Kings 〈…〉 th●● kingdomes which 〈…〉 at the 〈…〉 Behold in how 〈…〉 Christia● Kings and Princes should stand 〈…〉 that the Pope hath power indirectly to 〈…〉 all temp●●aliti●s of Christians who shall mea●● t●at 〈…〉 owne pleasure and iudgement that 〈…〉 for him if he be displeased then to 〈…〉 his indirect power so o●t 〈…〉 priuate 〈◊〉 o● the ambi●● 〈…〉 forward or euen 〈…〉 and contemned 〈…〉 Where of ●●●face 〈…〉 haue giuen 〈…〉 all of i●any they 〈…〉 to 〈…〉 mighty 〈…〉 of the po●tifi●● 〈…〉 and 〈…〉 one after another as 〈…〉 I omit this reason taken 〈…〉 a●●●ought it 〈…〉 for that 〈…〉 that 〈…〉 kingdoms but an execution 〈…〉 to th●m by the Pope ●●t i● it strange against the 〈…〉 and all the ab●tto● of the indirect power 〈…〉 all 〈◊〉 all 〈◊〉 and iurisdiction is 〈…〉 by the law of God o● of Man and also he 〈…〉 o● holdeth any th●ng i● he hold by nei●●●● of these holdeth wrongfull● as Augustire reasoneth 〈…〉 against the D●●atists Therefore it cannot be that the Pope should iustly exercise any temporall iurisdiction ouer secular Kings and Princes vnlesse it be certaine that the same is giuen him either by the law of God or of Man But neither in diuine nor humane lawes is any such place found which confers any such power vpon him whereas on the contrary part the domination and authority of kings is openly commended and allowed by many testimonies of sacred Scriptures as when it is said By mee Kings raigne All power is giuen to you The Kings of the Nations rule ouer them The heart of the King is in the hand of God I will giue them a King in mine anger My sonne feare the Lord and the King Feare God honour the King and euery where the like speeches Lastly seeing this temporall power and Iurisdiction of the Pope whereof we speake is not found to be comprised neither in the expresse word of God in the Scriptures nor by the tradition of the Apostles receiued as it were by hand nor practised by vse and custome in the Church for these thousand yeeres and more or exercised by any Pope nor allowed and commended nay not so much as mentioned by the ancient Fathers in the Church I pray you what necessitie of faith should force vs to admit it or with what authoritie can they perswade the same vnto vs Our opinion say they is prooued by reasons and examples how glad say I would I be that that were true But wee ought chiefely to know this that onely those reasons are fit to prooue this opinion of theirs whereof euident proofes and demonstrations are made which none of them hath hitherto brought nor as I thinke could bring For as touching reasons onely probable and likely whereof Dialectike syllogismes doe consist their force is not such as can conclude and giue away from Kings and Princes their soueraigne authoritie from them seeing that euen in daily brables about trifling matters nothing can be concluded vnlesse the Cause of the Suiter bee prooued by manifest and euident proofes and witnesses and therefore the Actor not proouing he that is conuented although himselfe performe nothing shall carie the businesse But the helpe is very weake and feeble in Examples because they onely shew what was done not what ought to be done those excepted which are commended or dispraised by the testimonie of the Scriptures which seeing they are thus let vs now see with what reasons the Aduersaries continue their opinion CHAP. XIII THere is not one amongst them all who are of the Popes partie as I said before who hath either gathered more diligently or propounded more sharpely or concluded more briefly and 〈◊〉 than the worthy Diuine Bellarmine whom I mention for honors sake who although he gaue as much to the Popes authoritie in temporalities as honestly hee might and more then he ought yet could hee not satisfie the ambition of the most imperious man Sixius the fist Who affirmed that hee had supreme power ouer all Kings and Princes of the whole earth and all Peoples Countries and Nations committed vnto him not by humane but by diuine ordinance And therefore he was very neere by his Pontificiall censure to the great hurt of the Church to haue abolished all the writings of that Doctor which do oppugne heresie with great successe at this day as the Fathers of that order whereof Bellarmine was then did seriously report to me Which matter comforts me if peraduenture that which I would not any Pope possessed with the like ambition shall for the like cause forbid Catholikes to read my bookes Let him doe what he will but he shall neuer bring to passe that I euer forsake the Catholike Apostolike and Romish faith wherein I haue liued from a Child to this great age or dye in another profession of faith then which was prescribed by Pius the 4. We will then bring their reasons hither out of Bellarmine for they are fiue in number leauing others especially Bozius his fancies which are vnworthy that a man of learning should trouble himselfe to refute The first reason is which Bellarmine propounds in these wordes The ciuill power is subiect to the spirituall power when each of them is a part of the Christian common-wealth therefore a spirituall Prince may command ouer temporall Princes and dispose of temporall matters in order to a spirituall good for euery superiour may command his inferiour And least any peraduenture elude this reason by denying the Proposition with the next he labours to strengthen the same by three reasons or Media as they call them Now that ciuill power not onely as Christian but also as Ciuill is subiect to the Ecclesiastike as it is such first it is pr●●ued by the ends of them both for the temporall end is subordinate to the spirituall end as it appeares because temporall felicitie is not absolutely the last end and therefore ought to be referred to the felicitie eternall Now it is plaine out of Aristotle Lib. 1. Eth. cap. 1. that the faculties are so subordinate as the ends are subordinate Secondly Kings and Bishops Cleargie and Laitie doe not make two common wealthes but one that is one Church for we are all one bodie Rom. 11. and 1 Corinth 12. But in euery bodie the members are connexed and depending one of another but it is no right assertion that spirituall things depend on temporall therefore temporall things depend of spirituall and are subiect to them Thirdly if a temporall administration hinder a spirituall good in all mens iudgement the temporall Prince is bound to change that manner of gouernment yea euen with the losse of a temporall good therefore it is a signe

Emperour although hee were a Heathen and a Persecuter of the faith yet was ordained of God and was inferour to God alone Therefore if Christians for conscience had need to obey those Heathen Magistrates is it not plaine that they contained themselues from all practise of rebellion and defection not because they could not but because they lawfully might not Or if the Emperour were inferiour to God only and the lesse could not depose the greater how could the Christian subiects depose him What doth either the Apostle fight with himselfe or doth Peter teach one thing and Paul another Or euen those ancient fathers who succeeded the Apostles were they ignorant of their whole ●●g●t and ●●●ledge against I●nded or Heret●k● Kings and M●g●●tra●●● For that they had force and strength equall 〈◊〉 and more then fuil●●t to e●ecute an explo●t against them we haue in another place demonstrated very largely There●ore it is ●●●dent by these that the authoritie of the Apostle Pa●● doth nothing app●●ta●● to the former proposition of Bellar●●●e touching the deposing of Kings and therefore that hee committed a great error that in a matter so serious and of so great moment hee hath de●●ded the Reader with a false shado● of the Apostle authoritie If the constitution or creation of Iudges made by the Christians at the Apo●●l●● direction had taken a●a● the authoritie po●er and ●●nst●●tion of the msidell Iudges or in a●● pa●●hadal ●●ga●●d the same or had exempted Christians from their subie●●●n there could nothing haue been stronger th●● ●●●●unes argument nothing more tr●●● th●n ●●s op●●● But because that constitution of Iudge● d●● no more pr●i●dice ●eath●● I●●●●diction the● the ch●sing of Pe●●e Kings at ●●●uetide or the creation of Princes and Iudges by the ●anto● youth in the 〈…〉 is pr●iud●c●all to the true Kings and Magistrate● it i● certaine that no Argument for his opinion can be dra●●● from thence But because we prosecute the seuerall points in this question I must ad●●●●tise you that S. Thomas is in some places of that opinion that he thinkes that the right of the Lordship and Honor of Ethn●ke Princes may iustly be taken away by the ●●●tence or ordination of the Church hauing the authoritie of God as he saith S. Thomas his authoritie is of great force with me but not so great as that I esteeme all his disputations for Canon●call Scripture or that it should ouercome either reason or law Whose ghost I honour and admire his doctrine But yet there is no reason why any man should be mooued with that opinion of his both because he brings out either no sufficient and strong reason or authoritie for his opinion and also because in the explication of the Epistle of Paul to the Corinth 1. he is plaine of the contrarie opinion lastly because hee hath none of the ancient Fathers consenting with him and there are many reasons and authorities to the contrarie And the reason which he brings because that infidels by the desert of their infidelitie doe deserue to loose their power vpon the faithfull who are translated into the sonnes of God An ill reason and vnworthy so great a man as though if any man deserue to be depriued of o●ce benefice dignitie authoritie or any other right whatsoeuer which he possesleth may therefore presently be spoiled by another rather then by him of whom he recemed and holdeth the same or by another that hath expresse commandement and authoritie from him Who knoweth not that the Chancellor Constable and other officers made by the King doe deserue to loose their place if in any thing they abuse their office but yet notwithstanding no man can take it from them so long a● the Prince on whom onely they doe depend ●u●ereth them to execute their once In like manner infidell Princes although by the desert of 〈◊〉 ●●fidelitie they deserue to 〈◊〉 their authoritie yet because they are constituted by God and are inferiour to him alone they cannot he dispossessed of their authoritie and deposed but by God himselfe And indeed the same Thomas in an exposition of the Epistle of Paul aboue recited in this Chapter sheweth plainly enough that the Church hath not that authoritie whereby shee may depose ●thinkes for he saith it is against the law of God to forbid that the subiects shall not abide the iudgement of infidell Princes Now it is sure that the Church can command or forbid nothing against the law of God further to take from infidell Princes the right of Lordship and Dignitie is indeed to forbid that no man should stand to his iudgement Therefore the Church hath not that power And let any man who will peruse all Stories he shall finde no where that euer the Church assumed to her selfe that authoritie to iudge Princes infidell or heathen Neither did she onely forbeare for scandall as Thomas thinketh in that place but for want of rightfull power because shee was not Iudge of the vnfaithfull according to that of the Apostle What haue I to doe to iudge them who are without and also because Princes appointed by God haue God onely Iudge ouer them by whom only they may be deposed Neither is it to the matter that Paul when he commands Christian seruants to exhibite all honor to their Masters being Infidels addeth that only Least the Name of the Lord and his doctrine be blasphemed for he said not that as though for that cause onely seruants should obey their Masters but that especially for that cause they should doe it and therefore he expressed the greatest mischiefe which could arise thereof that he might deferre seruants from the contempt of their Masters to wit the publike scandall of the whole Church of God and of Christian doctrine Therefore the Apostle meaneth not by these words that seruants may lawfully withdraw themselues from the yoke of seruice against their Masters will if they might doe it without scandall to the Church for they should not commit flat theft in their owne persons by the law of Nations But he would shew that they did not onely sinne which in other places he plainly teacheth but also draw a publike scandall vpon the whole Church which is farre more grieuous and hurtfull then a particular mans fault and aboue all things to be auoided Therefore now it remaineth that according to my promise I make proofe that the former proposition of Bellarmine touching the authoritie to depose heathen Kings and Princes is false euen out of the Prin●●● 〈…〉 and granted by himselfe The matter is plaine and easie to be done for in his second booke De Rom. Pontif. he confesseth that the Apostles and all other Christians were as well subiect to heathen Princes in all Ciuill causes as other men his words are these I answere first it might be said that Paul appealed to Caesar because indeed hee was his Iudge although not of right for so doth Iohn de Turrecremata answere lib. 2. cap. 96.

them together no more nor makes mention of carnall matrimony but onely of spirituall which not deemed to be separated by man but by God himselfe then when as the Bishop of Rome dissolueth the same the necessity or commodity of the Church well considered not out of humane but rather out of diuine authority by translation deposition or cession by which silence and omission of carnall Matrimony he doth sufficiently implie that in the manner of separation it doth differ and is secretly excepted from the spirituall matrimony that the Pontificiall authoritie doth not extend to the dissolution of this viz. the carnall as if hee had spoken more plainely in this manner God hath reserued to his own iudgement the dissolution as well of the carnall as of the spirituall matrimony notwithstanding the Bishop of Rome who is the Vicar of Christ and successor of Peter the necessity or commoditie of the Churches c. may dissolue them which when he doth not man but God doth separate whose Person the Pope beareth in earth Now why the Pope may dissolue a spirituall mariage and not a carnall also the reason is plaine and easie because the spirituall matrimony of it selfe and euerie way doth belong to the ordination gouernement and oeconomie of the Church which Christ hath wholy commended to Peter and his successors And therefore hee must needs seeme to haue granted to them this power to dissolue spirituall mariage seeing they are not able without it to execute and discharge the office committed to them And therefore whatsoeuer the Popes themselues as Hierarches that is spirituall Gouernors doe dispose and decree of the seuerall matters persons of the Church wee must belieue that God doth dispose and decree the same who hath by name committed this dispensation and procuration to them But carnall matrimony was instituted not for the ordination of the Church but onely for procreation of issue and for that cause it is said to bee of the law of nature and to be common to all nations and countries neither doth it in any other respect belong to the notice of the Church but that it is a Sacrament in the new law containing the my sterie of God and the soule of Christ and the Church And therefore there was no necessity to permit to Peter and his successors the power to dissolue the same They haue inough to discerne iudge if it be a mariage that they may know if it bee a sacrament Therefore although the Pope may auaile very much in the contracting of a mariage viz by remouing all impediments which doe arise out of the positiue law and ecclesiasticall constitutions and giue order that it may duly and rightly be contracted which otherwise were neither lawfull nor firme yet when as either through the common law permitting or the Pope dispensing in cases prohibited it was contracted hath no power for any cause in the world to relaxe and dissolue the same Neither doth it belong to the matter that in Courts and iudgements Ecclesiasticall we see often that separation is made of those persons as haue liued a long time together vnder the conceit and shew of mariage For neither the Pope in that case nor the Iudge delegated by the Popes authority doth dissolue any matrimony but by his iudgement declareth that the matrimony which indeede was contracted de fasto or was falsly supposed to be a mariage was no mariage at all enioyneth persons that are not lawfully coupled together because without sin they may not entertaine that societie together to depart one from an other and to forbeare their accustomed acquaintance But this is not to dissolue Matrimony or to separate persons lawfully ioined as concerning the bond of mariage Whereby it is euident that both Innocentius the Interpreter who afterward was the IIII. Pope of that name and also Ioh Andr. who is called the fountaine and trumpet of the Canon law hath very foolishly interpreted this part of the rescript of Innocentius the III. Whome God hath ioined let no man separate Of their owne authority say they but man doth not separate carnall matrimony when the Bishop or the Archdeacon doth dissolue it by the Constitutions of the Pope but God himselfe by whose authority those constitutions were made As though Matrimonie might be dissolued by the constitutions of the Pope Indeed the constitutions of the Pope may hinder that mariage may not bee lawfully contracted betweene certaine persons and make a nullitie in the law because it was not contracted by the disposition of the same constitutions But to distract and diuide a mariage which is lawfully contracted to breake or loose the band no constitution either of Pope or church can do Otherwise the Apostle in those words The woman is bound to the law so long time as her husband liueth but if her husband doe sleepe she is free I say he did ill to make mention of death onely if shee may be free by some other meanes viz. the Popes constitutions the mariage it selfe being dissolued And now since these things are thus it is time to returne from this by-way into which the vnreasonable flattery and ignorance of certain Doctors hath drawne vs into that path from whence wee haue digressed CHAP. XXX IT is now positiuely set downe and affirmed by the consent of all who can rightly iudge of diuine matters that the Pope cannot make grace to any of the naturall and diuine law or as we vsually speake now a dayes cannot dispense against the law of nature and of God and grant that that may bee done without guilt which God and nature haue forbidden or forbid lest that should be done which God hath expresly commanded to be done and this not onely the Diuines but also the Canonists of the better sort doe very earnestly maintaine Therefore this is a most grounded Ax●ome whereon the weight of this whole disputation doth depend and whereon is grounded the solution of that argument which wee haue transcribed out of Bellarmine aboue in the beginning of the 25. Chapter Surely we do admit his proposition which is That it is necessary for a Pastor to haue power about the Wolues that hee may driue them away by all the meanes he is able Wee admit also the Assumption That the Wolues which destroy and waste the Church of God are heretickes Where hee concludeth in this manner Ergo If a Prince of a sheepe or ramme turne Wolfe that is to say of a Christian turne an hereticke the Pastor of the Church may driue him away by excommunication and also may charge the people that they doe not follow him and therefore may depriue him of dominion ouer his subiects Surely a very vnsound collection In stead whereof in good Logicke should bee put this conclusion Ergo If any Prince of a sheepe or a ramme turne Wolfe the Pastor of the Church may driue him away by all the meanes hee can For this ariseth rightly out of the former

to the other although both of them may concurre in the same person For the same person may bee both a temporall Prince and a Bishop but neither as a Pope can hee chalenge to himselfe the actions offices dignities and other rights of Temporall things nor as a Prince of Spirituall If therefore these powers be ioyned together neither in dignities offices nor actions let Bozius tell vs wherein they are ioyned If he say in that because one is subordinate and subiect to the other that is it which we deny and which if it were true it would follow necessarily that those powers are distinguished neither in dignities nor offices but onely in actions and so this opinion of Pope Nicolaus should bee false for dignitie and office which is in the Person subordinated cannot but be in the Person which doth subordinate seeing it is deriued from him into the Person subordinated Hence it is that the Prince takes himselfe to be wronged while his Ministers are hindred in the execution of their offices and the Pope thinketh himselfe and his Sea Apostolike to be contemned if any Contempt be offered to the authoritie of his Legate sent by him But all things and Persons are proclaimed to be free and not subiect vnlesse the contrary be prooued And if these things be so it is very ridiculous and a meere fancie of Bozius his braine that he saies how it appeares by the former speeches of Pope Nicolaus That hee doth not affirme the Lay power to be disioyned from the Spirituall so as a Person Ecclesiasticall may not haue it but that a temporall Person may not haue an Ecclesiasticall For where can this appeare seeing in that letter there is not one word to be seene whereby that may be gathered in any probabilitie And hitherto haue I said enough of this Bozius his error And I am perswaded that no man is so madde that in the determination of this businesse touching the distinction of these powers will not giue credit rather to Hosius then to Bozius CHAP. III. I Would here annex other examples of Bozius his error but that I know that this opinion which he endeuoureth to reuiue being now laid asleep and almost extinguished seemeth in these daies to the learned so absurd and that it is refuted and ouerthrowen with so many and so cleere reasons that now a man need not feare least any be inueigled and ouertaken therewith For first it is certaine that neither Bozius nor al his abetors although they weare wrest the sacred writings and works of the fathers neuer so much shall euer be able to produce any certaine testimony whereby that same temporall iurisdiction and power of the Pope which they dreame on ouer Princes and people of the whole world may be plainly confirmed Nay but not so much as any token or print of any such temporall power deliuered by hand from the Apostles and their successors can be found from the passion of Christ for seauen hundred nay I may say for a thousand yeeres For which cause the most learned Bellarmine in the refutation of this opinion doth very wittily and shortly vse this strange reason If it were so saith he that the Pope be temporall Lord of the whole world that should plainly appeare by the Scriptures or surely out of the tradition of the Apostles Out of the Scriptures we haue nothing but that the keies of the kingdome of heauen were giuen to the Pope of the keies of the kingdome of the earth there is no mention and the aduersaries bring forth no tradition of the Apostles The which matters and with all the great diuision about this matter between the Diuines and the Canonists and of each of them one with another maketh that this question of the temporal power of the Pope seemeth very doubtfull and vncertaine and wholly to consist without any ground in the opinion and conceipt of men and therefore that the truth thereof is to be searched and sisted out by the light of reason sharpnesse of arguments and that it is no matter of faith as they speake to thinke of it either one way or other for that those things which are matters of faith are to be held of all men after one manner But for mine owne part although I doe with heart and mouth professe that the chiefe Bishop and prelate of the city of Rome as being the Vicar of Christ the lawfull successor of S. Peter yea the vniuersall and supreme pastor of the Church is indued with spirituall power ouer all christian Kings and Monarchs and that he hath and may exercise ouer them the power to bind and loose which the Scripture doth witnesse that it was giuen to the Apostle Peter ouer all soules yet notwithstanding I am not therefore perswaded that I should alike beleeue that he comprehendeth secular Kings and Princes with in his temporall iurisdiction or when they doe offend against God or Men or otherwise abuse their office that he may in any sort abrogate their gouernment and take their Scepters away and bestow them on others or indeed in a word that he hath any right or iurisdiction temporall ouer any lay-persons of what condition or order and ranke so euer they be vnlesse he shall purchase the same by Ciuill and lawfull meanes For as much as I haue obserued that the opinion which affirmeth the same hath beene assaied indeed and attempted by diuers but hitherto could neuer be prooued of any sufficient and strong reason and for the contrarie opinion much more weightie and more certaine reasons may be brought For my part in regard of the zeale I beare to the Sea Apostolike I could wish with all my heart that it might be prooued by certaine and vndoubted arguments that this right belongs vnto it being very ready to encline to that part to which the weightier reason and authority of truth do swaie But now let vs come nearer to the disputation it selfe That it is euidently false that the Pope hath authority and rule ouer Kings and Princes it is certaine euen by this that it were an absurd thing and vniust to say that heathen Princes are receiued by the Church in harder and worser termes then other particular men of the commons whosoeuer or that the Pope hath at this day greater power ciuill ouer christian Princes then in times past S. Peter the rest of the Apostles had ouer euery priuate man that was a child of the Church but they in those times had neuer any right or power temporall ouer christian lay-persons therefore neither hath the Pope now a daies any temporall power ouer secular Princes The assumption is prooned by this because it is most certaine that in the time of the Apostles the Ecclesiasticall power was wholy seuered from the ciuill I doe not hereweigh Bozius fooleries and that this ciuill power was wholly in the hands of heathen Princes out of the Church In somuch as the Apostles themselues were within the