examples of the ould and nevv testament it is prooued that the Pope in some case can not only by spirituall censure but also by temporall punishment and euen by depriuation chastice Princes who are rebellious and doe tyrannically persecute and molest the church chap. 8. By Theologicall arguments grounded in principles of faith and the Nature of the church as it is an absolute common wealth the same power of the Supreame Pastour is prooued chap. 9. The same verity is confirmed by the practise of the Church in punnishing heretickes temporally with losse of goods liberty and liues chap. 10. The same power of the Pope ouer Princes is prooued by authority of Generall Councelles out of which are gathered for the same authority â—uident and conuincing arguments chap. 11. By the facts of the holy and learned Bishops of Rome especially Gregorie the seauenth the same power is confirmed chap. 12. By the number of Doctours who haue embraced the opinion that giueth this power to the Pope the same doctrine is prooued betwixt the number grauity and authority of which Doctours and those who staÌ„d for VViddringtons opinion there is no comparison to be made chap. 13. By the doctrine and practise of heretikes the same against them is demonstrated and thence is inferred that the questioÌ„ betwixt vs and them is not so much whether the Pope hath any such authority as whether the Pope or they haue it chap. 14. An explication of the late Oath of pretended Alleageance and of euery clause therof deduced out of the former and some other grounds by which is prooued that it can neither be proposed nor taken without grieuous offence of Almighty God Chap. 15. THE RIGHT AND IVRISDICTION OF THE PRELATE and the PRINCE CHAPTER I. BY WAY OF INTRODVCTION IT IS shewed that there be two powers in the Church the one Ciuill the other Ecclesiasticall which are both necessarie ALMIGHTY God in the first creation of this materiall world Gen. 1. prouided two great lightes to illuminate rule and gouerne it the one he called luminare maius the other luminare minus we commonly call them the SuÌ„ne Moone And no sooner had he created as it were the spirituall world of his Church but he appointed also two great lightes to gouerne it and direct it to the end prefixed The one is the Ecclesiasticall power of the Church residing in her Bishops and Pastours the other is the Temporall power of the CoÌ„mon wealth Magistrate or Prince Both powers are great in their kind both of God both as necessary to humane societie as the SuÌ„ne and Moone to this world Gelas ep ad â—mp Anastas VVherfore GELASIVS Pope saith Duo sunt Imperator Auguste quibus hic muÌ„dus principaliter regitur Autoritas sacra PomificuÌ„ Innoc. 3. Cap. Solitae de maior obed Regalis potestas Two thinges there are O noble Emperour by which this world is principallie gouerned the sacred Authoritie of Bishops and Regal power And Innocentius the Third vsing the former similitude saieth Ad firmamentum Coeli hoc est vniuersalis Ecclesiae fecit Deus duo magna luminaria id est duas instituit dignitates quae sunt Pontificalis Authoritas Regalis Potestas For the FirmameÌ„t of Heauen that is of the vniuersal Church God made two great lights that is he instituted two Dignities which are Pentifical Authoritie and Regal power But because the world now adaies aboundeth and as it were swarmeth with those kind of men whoÌ„ the Apostle calleth Animales homines 1. Cor. 2. quinoÌ„ sapiunt ea quae sunt spiritus sensual men who perceaue not those thinges that are of the spirit of God and therfore preferre the body before the soule this present life before the future time in which they are to liue but for a time before eternitie in which they are to liue eternally and consequently esteeme more of state then of Religion of the Common wealth then the Church and of the Temporall power of Princes then of the spirituall authoritie of Pastours I will by cleare and euident arguments so establish both that I will also sincerely deliuer which of them hath the preeminence and precedence For they who seeke to depriue vs of either of these powers do as if they would take from the world the Sunne or the Moone as though both were not necessary and they who do so admire the Temporall power and dignitie that they debase and misprise the spirituall though that indeede ruleth only the night of TeÌ„porall affaires this the day of the spirituall state are like vnto Owles who are so pleased with the Moone light that they could be contented there were no Sunne at all CHAPTER II. Some Ciuill power floweth immediatly froÌ„ God and nature Regali power proceedeth immediatly from the peoples election and donatioÌ„ mediatly from Gods ordination so that after the election of the people and reception the King is superiour who may command and binde in conscience the people are subiects and bound to obey 1. MAn by a naturall propension which God and Nature hath ingraffed in him desireth to consorte in companie and is prone to frieÌ„dship fellowship and societie And therfore Aristoâ—le saieth that Arist l. 1 Polit. ca. 2. Ciuitas est ex his quae natura sum The citie is one of those things which haue their source from nature and that homo natura ciuile est animal Man by nature is a ciuill liuinge creature And he addeth Ibidem Qui absque ciuitate est per naturam non per fortunam aut nequam est aut potior quam homo He that liueth out of the citie induced therto by inclination of nature not by fortuâ—e is either wicked orbâ—tter then man Ibidem Yea saith he Qui in coÌ„mum societate nequiâ— esse quique nullim indiget propter sufficientiam nulla pars est â—iuitatis quare aut Bestia aut Deus He that can not liue in common societie and needeth no mans hâ—lp by reason that he is sufficient of him selfe is no part of the Citie VVherfore he is either a beast or a God And thence he concludeth that Homo est sociale animal magis quà m Apes quà m omne gregariuÌ„ animal Man is a liuing creature more sociable theÌ„ bees or any consorting liuing creature And we see by experience how all reasonable and liuing Creatures desire societie The Angelles although they haue no familiar conuersation with meÌ„ as being aboue the raÌ„ke of men needing no humane helpe yet they haue Hierarchies and Orders rule and gouernment amongst them selues and the superiour illuminateth the inferiour and all of them speake and confer with one another and in this maÌ„ner they liue together which argueth a societie 〈◊〉 and though they conuerse not visibly and familiarly With vs yet for the charitie they beare vnto vs and for the neede we haue of theÌ„ some of them are our ordinary Guardians others are extraordinary Embassadours sent on diuine messages
as God preuented the Iewes and whereas they by lawe of Nature had permission to choose their Kinges yet for their greater good he chose thē one him selue immediatelie so although by the lawe of Nature men otherwise might haue prescribed the manner of worshipping God and the worship had been lawfull so that it had been the worship of the true God and had been free from superstition yet because God hath ordained vs to a supernaturall end and would haue our Ecclesiasticall gouernment free from all superstition he hath himselfe appointed the manner of gouernment and hath giuen the Authoritie So in the lawe of Moyses he chose the Tribe of LEVI to serue in the Tabernacle and Temple and to menage Ecclesiasticall matters he instituted also sacrifices sacramentes and Ceremonies in like sort in the new lawe of Grace vnder which we liue he committed the gouernment of his Church to the Apostles and Disciples only and their successours he instituted seuen Sacramentes and a sacrifice he gaue vs a lawe and beleefe which first he deliuered by preaching then by the written Ghospelles and Epistles of his Apostles and other thinges he committed to the Church which he had instituted and established 5. So that as there is a Ciuill and Temporall Power residing in the Common wealth by which the Prince or Magistrate can gouerne and rule and cōmaund for the conseruation and promotion of the Temporall good of the same so is there a spirituall and Ecclesiasticall Power residing in the Church by which the Pastours haue Authoritie to preach teach administer Sacraments determine of matters of Religion to call Councelles for the better clearing of matters and enacte lawes which shall be thought expedient vnto the honour of God the spirituall good of the Church and euerie ones saluation And this is called Ecclesiasticall power which is distinct from the Temporall in many pointes 6. First in respect of the end and finall cause for Temporall power of it selfe aymeth only at Temporali Iustice peace and conseruation of the Temporall state of the Kingdome or Common wealth Ecclesiasticall power intendeth in this life the spirituall health of the soule and eternall rest and peace in the next Secondlie these powers haue diuers Actes and seing that powers are distinct by their Actes it followeth that Temporall and Ecclesiasticall or spirituall power are distinct That they haue distinct Actes it is manifest for the Temporall power maketh lawes for this corporall life and Temporalle state but the spirituall and Ecclesiasticall power maketh lawes for the soule and her direction the Temporall power remitteth the paines only of sinnes but the spirituall Power remitteth the sinne it self according to that Ioan. 20 Quorum remiseritis peccata c. VVhose sinnes you shall forgiue c. The Temporall power inflicteth and remitteth only Ciuill and Temporall punishments as imprisonment banishment temporall death but the spirituall power as now it is for in the old law there was not Potestas Clauium excommunicateth suspendeth interdicteth which are spiritual punishments and bonds of the soule and remitteth not only these paines but also eternall death and paine of Hell for when the Priest remitteth mortall sinnes he chaūgeth eternall paine into temporall yea some times when the Penitent cometh with a great contrition he remitteth both Eternall and Temporall Thirdly they differ in their obiectes for the spirituall power disposeth not of Temporall thinges but only as they are necessary to the spirituall The Temporall meddleth not with spirituall nor Ecclesiasticall matters according to that of S. AMBROSE S. Ambr. lib. 5. ep 33. ad Marcel soror Ad Impetatorem Palatia pertinent ad sacerdotem Ecclesiae Publicorum tibi maenium ius commissum est non sacrorum To the Emperour Pallaces appertaine to the Priest Churches to thee Emperour the right of common Walles is committed not of Churches And NICHOLAS Pope in an Epistle to MICHAEL the Emperour Ca. Cum ad verū dist 96. Vide etiā ca. Quoniam d. 10. Nec Imperator iura Pontificum arripuit nec Pontifex nomen Imperatoris vsurpauit quoniam Christus sic actibus propriis dignitatibus distinctis officia potestatis vtriusque discreuit Neither hath the Emperour taken to him the rights of Bishops neither hath the Bishop vsurped the name of the Emperour because Christ hath distinguished the offices of both by their distinct actes and dignities Fourthlie they differ in respect of the subiect and materiall cause for although it be not impossible for these two Powers to consort in the same subiect for we see they did in Melchisedech and in the first begotten of the Iewes in the law of Nature and in the Machabees who were Priests and Princes and consequentlie had temporall and spirituall power yet as in other thinges these powers are distinct so God not only in the law of Grace but also in the law written of Moyses would haue these powers placed in distinct subiectes and Persons 2. Paral◠19. For in the law of Moyses AMARIAS menaged matters of the Church law ZABADIAS gouerned the affaires of the Kingdome the Kinges and Princes of the Iewes were of the Tribe of IVDA the Priests of the Tribe of LEVI and those gouerned onely the Common VVealth enacted Temporall lawes waged battaile c. whereas the Priests ruled it matters of the Tabernacle and Temple offered sacrifice and gouerned the Synagogue And now in the law of Grace Christ gaue all spirituall power to the Apostles and their successours and not to Princes for to the Apostles and their successours it was saied VVhatsoeuer you shall bynd vpon earth Mat. 18. shal be bound in heauen and whatsoeuer you shall losse vpon earth shal be loosed in heauen To Princes it was neuer sayd so To the Apostles and their successours it was sayd Ioan. 20. Whose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained To Princes neuer To S. PETER an Apostle and Priest it was sayed Mat. 16 Thou art Peter and vppon this Rock will I build my Church To no Prince was it euer sayd in that sort To Apostles and Priests Christ sayed Matth. vlt. Goinge therefore teach ye all Nations baptising them in the name of the father the sonne and the holy Ghost To Princes neuer To Apostles and Priests Christ said Ioan. 6. As my liuing father hath sent me so I send you that is to preach to minister Sacramentes and to gouerne the Church Ephes 4. To Princes neuer To the Apostles Doctours Pastours Prophets Christ committed his Church to be gouerned Act. 28. to Princes neuer To Priests S. Paul gaue this admonition Attendite vobis vniuerso gregi in quo vos Spiritus Sanctus posuit Episcopos regere Ecclesiam Dei quam acquisiuit sanguine suo Take heede to your selues and to the whole flocke wherin the holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased
with his owne bloud But neither he nor any Apostle euer gaue that charge to Princes Fiftelie they differ in the cause efficient for the Ciuill and Temporall Power proceeds from God and Nature by meanes of the peoples election as is in the former Chapter declared but the spirituall power of the Church as it implieth Potestatem ordinis Iurisdictionis in foro interiori is from God immediatelie it being supernaturall and exceeding humane power And although the Ecclesiasticall humane power which inferiour Prelates haue proceeded from superiour Prelates especiallie the Pope yet not from the Prince or Common wealth but from the Pastours and Church So that as the Pope Priests and Church doe willinglie acknowledge the temporall and ciuill power of the Prince Magistrates and Common wealth or Kingdome so the Prince Magistrates and Common wealth must be content to recognize a spirituall power of the Pope Bishops Priests and Church to which obedience is due euen of Princes who are subiect to the Church no lesse then are temporall subiectes to the Prince yea rather more 7. This power all true Christians and Catholickes acknowledge none but Heretickes and Infidels deny The Waldenses Guido Carmel in har VVald Turrecr l. 4. SuÌ„ma de Eccl c. 35. CoÌ„c Const sess 8. et 15. a. 14 Luth. a. 27. Dan in Bulla Leon. 10 Cal l. 4. Inst ca. 20 n. 6. 7. as witnesse Guido and Turrecremata as also VVicleph and Hus as the Councell of Constance relateth denyed all Ecclesiasticall power and sayed that Popes and Bishops Decrees and Canons did not bynd any The same is Luthers opinion Caluin affirmeth that neither the Pope nor his mitred Caluin sayeth horned Bishops can bynde mens Consciences by their decrees and ordinances and that for two causes First because they are no true Bishops which yet neither he nor all his secte could euer prooue Secondlie because though they were true Bishops yet they are not legislatours or lawmakers that Tytle agreeing only to Christ only he and his graunt that they may inculcate Gods lawes but make no newe 8. Well it is knowen that is was alwaies the manner of Heretickes to contemne all Ecclesiasticall Authoritie because it condemned them But as I haue alleaged proofes in the former Chapter for Ciuill power of Princes so can I not want argumentes for the spirituall and Ecclesiasticall power when Christ promised PETER that he should be the foundation and head of the Church he promised this power in and ouer the Church Mat. 16. for if PETER be head of the Church he can rule the mysticall bodie and if he can rule the same then can he also make Ecclesiasticall lawes for that is belonging to a superiour of euerie great and perfect communitie as is before shewed Secondlie Christ gaue this power to PETER when after his Resurrection he saied Pasce oues meas Feede my sheepe Ioan. 21. For the office of a Pastour may be gathered by the office of a shepheard who is to gouerne his sheepe to feede them and to defend them from the wolfe and so a spirituall shepheard and Pastour must haue authoritie to rule by lawes to feede by preaching and Sacraments and to defend by censures and his Pastorall staffe and coerciue power Eph. 4. VVhereupon Saint Paul saith that Christ hath giuen to his Church not only Doctours and Prophetes to teach but also Pastours to feede and gouerne And seing that the Church hath as much neede now of a supreame visible Pastour and rather more then at the beginninge it followeth that PETER hath a successour who hath the like Authoritie And seing that all Fathers all Councelles all histories all practise of the Church possession and prescription for 1600. yeares stande for the Pope of Rome he is this successour and he it is that hath the supreame Ecclesiasticall and spirituall power after Christ Thirdlie Mat. 18. Christ commandeth to obey the Church and saith That he that will not giue eare to the Church is to be accounted as an Ethnike and Publican which is a signe that the Church hath Authoritie and Iurisdiction to heare causes and to pronounce sentences to which obedience is to be giuen Fourthlie not withstanding that in the old law of Moyses God determined almost all by him self by his morall iudiciall and ceremoniall lawes yet he gaue power to the Synagogue and her Pastours to interprete the law to resolue doubtes concerning the law and to enact some lawes as occasion was offred And therefore we see with what seueritie God commanded obedience to the Priests saying Deut. 17 Si difficile â—mbiguum c. If thou perceaue that the Iudgement with thee be hard and doubtfull betweene bloud and bloud cause and cause leprosie and leprosie and thou â—â—e that the wordes of the Iudges within thy gate do â—arie arise and ge vp to the place which our Lord thy God shall choose and thou shalt come to the Priests of the Leuiticall stocke and to the Iudge that shall be at that time and thou shalt aske of them who shall thew thee the truthe of the Iudgement And thou shalt do what soeuer they that are Presidents of the place which our Lord shall choose shall say and teach thee according to his law and thou shalt follow the sentence c. And he that shal be prooued refusing to obey the commandement of the Priest which at that time ministreth to our Lord thy God and the decree of the Iudge that man shall die and thou shalt take away the euill out of Israel and the whole people shall feare that none asterward swell with pride By which we see that the Highe Priest had Power not only directiue but also coerciue vnder paine of death And we read how the victorie of Iudith ouer Holofernes was celebrated by the Iewes with commandement of a holie daye Iudith vlt. which law was merelie Ecclesiasticall made by the Priests and was not commanded by God his law The like festiuall day was decreed by Mardocheus and receaued by the Iewes in memorie of their deliuerie from Amans tyrannie by meanes of Hester Hester 9. which also was no diuine but an humane and Ecclesiasticall law Likewise the Machabees instituted the feast of the Dedication 1. Mach. 4. Ioan. 10. which Christ afterwards obserued with the rest of the Iewes and yet this was not commanded by God his law Againe Christ commandeth to do that which they who sitt in Moyses Chaire doe saie Mat. 23. but not alwaies what they doe much more would he haue vs to do that Lib. 4. Inst cap. 20. n. 21. Act. 15. which they who sitt in Saint Peters yea Christs seate do command And we read in the Actes which Caluin well saw but glosseth vntowardlie how the Apostles in their first Councell made a new law by which they commanded the conuerted Gentils to abstaine from eating of bloud and things strangled which were now the olde lawe being abrogated things
morall It must needs followe that the spirituall power excelleth the temporall as much as the obiects endes and actes of that doe surpasse this 7. Fourthlie that power is greater to which euen the Princes them selues are subiect then that to which the subiects and people onlie are subiect not the Prince for though the Prince be subiect to his owne sawes quoad vim directiuam yet not quoad vim â—perciuam but the Prince is subiect to the spirituall powet of the Church as much as â—he lowest and meanest of his subiects ergo â—he spirituall power of the Church is more â—minent then the Temporall power of the Prince or Common VVealth The Maior â—roposition is euident The Minor I shall â—rooue in the next Chapter wherfore the â—onclusion must needs followe 8. Hitherto I haue prooued that the spiâ—ituall and Ecclesiasticall power is more â—minent and noble then the Temporall â—nd consequentlie that the spirituall is â—igher in dignitie but whether it can comâ—and correct curb or restraine the temâ—orall I haue not as yet either prooued or declared for many things are more highe in dignitie then others which yet haue no authoritie to command or punnish As for example the Protestants of this time will not lett to graunt that the Pope is the highest Patriarch in dignitie yet they say he can not command out of his particular Diocese of Rome and all Diuines graunt that the power of the Church is more noble then any power of Princes or Emperours that being spirituall and supernaturall this onely temporall and yet they say that they that are not baptized be they Princes or subiects are not subiect vnto it so as the Church can command or punnish them spirituallie And the King of France is more eminent in dignitie then any of the noblest subiects of England or Spaine and yet hath no authoritie to command or punnish them for faultes committed out of his Realme Wherfore it resteth that I prooue that the Church by her spirituall and Ecclesiasticall power can command all Christians euen Heretickes that are baptized And this besides what hath been saied in the former Chapter to the proofe thereof I shall briefely yet cleerely shew by these ensewing arguments 9. For first the Ecclesiasticall superiours are true Pastours of the Church ergo they can not only direct but command and correct at least by spirituall paines and chastisements The Antecedent I prooue out of scripture Pasce oues meas Feede my sheepe Ioan. 21. saied Christ to S. Peter and his successours and all Pastours in their kinde Ad Eph. 4. Christ saieth S. Paul gaue to his Church some Apostles some Prophetes and other some Enangelists and other some Pastours and Doctours Act. 20. And the same Apostle speaking to Pastours sayth Attendite vobis c. Attend to your selues and your whole flocke To which purpose also S. Peter addeth saying 1. Pet. 5. Pascite qui in nobis est gregem Dei Feede the flocke of God which is in you The consequence I prooue because to a Pastour it belongeth not onlie to feede by Sacramentes and the word of God but also to rule to gouerne and correct and consequentlie the Pastours of the Church can make lawes which bynd all Christians their subiectes in conscience and they can correct and punnish â—he delinquents at least by spirituall chastisements of Excommunication and other Censures 10. Mat. 18. Secondlie Christ gaue power by his Apostles and successours to bynde and loose which argueth Iursdiction 11. Thirdlie the Apostles and their succesâ—ours haue vsed this Authoritie ouer Chriâ—tians Act. 15. 1. Cor. 5. Tit. 1. 1. Cor. 7. 2. Cor. 10 for they enacted lawes in their first Councell Saint Paul excommunicated the â—ncestuous Corinthian They appointed Bishops and Priests to gouerne particuler Churches Saint Paule distinguisheth his â—wne power of making lawes from Christs And hee saith Arma militiae nostrae non carnalia sunt sed potentia Deo ad destructionem munitionum c. The weapons of our VVarfare are not carnal but mightie to God vnto the destruction of munitions destroying Counsels and all loftinesse extolling it selfe against the Knowledge of God c. and hauing in a readinesse to reuenge all disobedience c. 12. Fiftlie I proue it by a Theological Argument By Baptisme Christians are made true members of the Mysticall bodie of Christs Church no lesse then subiects are of the Kingdome or Politicall bodie D. Tho. 3. p q. 63. art 6 q. 68. a. 1. q. 69. a. 4 5. yea more because they are incorporated to the Church by a reall supernaturall and indelible Caracter But all members are so subiect to the head that the head by Authoritie may command correct and punish them if they transgresse ergo the Pastours of the Church and especiallie the chiefe Pastour hath Iurisdiction ouer all those that are baptized be they true Christians or Heretickes or Apostataes This I confirme by this congruence Euerie one is bound to the lawes of the Realme in which he was borne by reason that his natiuitie in that place maketh him a true member of that Kingdome as our Soueraine Liege himselfe well obserueth In praef monitor pag. 12. And seing that Baptisme is a regeneration and newe natiuitie by which we are borne in the Church for euen the Children of Heretickes though they be baptized by Heretickes if they be trulie baptized are borne in the Churche it followeth that all that are baptized are bound to obey the Church and chiefe Pastour of the Church to obserue her lawes and may be punished by the Church if they transgresse the same else the Church which is the most eminent state and Common wealth should be inferiour vnto the lowest and meanest Politicall common wealth that is for there is no lawfull common wealth but it can make lawes and punish the transgressours 13. Sixtlie the Church is an absolute Common VVealth and consequentlie hath Authoritie to make lawes to appoint spirituall Magistrates to call Councels and to decide controuersies to correct and punish Heretickes and Blasphemers and all sinne which are properlie opposite to her gouernment and Ecclesiasticall peace but this supposeth a legislatiue an commanding and not only a directiue but also a coerciue power ergo the Church and especiallie her chiefe Pastour Christs Vicaire hath such Authoritie l. 2. ff de Iurisd omnium Iud. cap. Praeterea de officio delegati This Argument I confirme thus The Ciuill lawe telleth vs Cui iurifdictio data est ea quoque concessa esse videntur sine quibus iurisdictio explicari non potuit To whom iurisdiction is graunted those things also seeme to be graunted without which the iurisdiction could not be explicated And againe Ex eo quod causa alicui committitur super omnibus quae ad causam ipsam spectare noscuntur plenariam recipit Potestatem In that a cause is committed to any he receiueth full power ouer all things which are known to pertaine
appertained to military affaires And so from the first establishing of the law of Moyses the Temple and Synagogue was committed to the Tribe of LEVI the scepter and regall Authoritie was giuen to the Tribe of IVDA in like sort in the law of Grace when the Church came to her greatest perfection Christ appointed particularly Apostles Doctours Ephes 4. and Pastours to gouerne the Church and confirmed Princes in their temporall Authoritie commanding that obedience should be giuen to the Pastour in spirituall matters and to the Prince in temporall Mat. 22 Rom. 13 2. VVherfore least in giuing one of these Potentates too much Mat. 22 I may do iniutie to the other I must follow our Sauiours Commandement and so giue to Cesar that which belongeth to him that I take not from God and his Church what appertaineth to them And although in giuing both but their due I may perchance displease one yet if I may haue that indifferent audience which the grauitie and equitie of the cause requireth I hope to offend neither and how soeuet it happen I had rather displease then do wronge or iniurie And wheras in our Iland by the sway of Authoritie and terrour of lawes it hath bene made High Treason to denie the Prince Authoritie in matters Ecclesiasticall I protest that what I shall say in this matter proceedeth not from any disloyall minde towards my Princes true Authoritie nor from any itching desire I haue to lay open the disgrace of my Countrie which I would rather couer if it were possible with my owne life and bloud and to discharge my self from all iust imputation of Treason I desire to haue the leaue to plead this onlie for my defence that if this be Treason in mee not onlie all Catholick Priests Doctours and Prelates of the Church but also all the ancient subiectes not onlie of England but of all other Christian Countries must incurre the same imputation with me because there was neuer Christians before our English Protestants that gaue Ecclesiasticall power to Princes and there was neuer King of England or of any other Countrie what soeuer that euer was so hardie as to challenge such Authoritie before King HENRIE the Eight which his Challenge seemed so preposterous and monstrous that all the World stood and to this day standeth amazed at it and euen our Puritanes at home and all the new sectes abroade do abhorre and derest it And I in this Chapter shall bring such Argumentes against it that I hope that euen our English protestants who hitherto haue adored it wil be ashamed hence forth to submitt them selues to so monstrous Authoritie 3. My first Arguments shall be drawen from scriptures them selues For if the King had any such Authoritie then no doubt scripture which â—s aboue wee haue seene so often inculcateth Princes Authoritie in matters temporall would neuer haue kept silent this Ecclesiasticall power if they had had any such this being the greater and more eminent but scripture neuer giueth Princes this Authoritie neuer commandeth Christians to obey them in Ecclesiasticall matters but rather giueth that Authoritie to Apostles Bishops and Pastours and Commandeth obedience in this kinde to them not to Princes ergo Princes haue no Authoritie to command in Ecclesiasticall matters The Minor Proposition in which onlie consists the difficultie I proue out of those places of Scripture which aboue I haue alleaged and here will bring in againe yet to another purpose For to S. PETER no Temporall Prince but an Apostle and Pastour was promised the headship of the Church and consequently the soueraintie and supreame power of the Church Tues Petrus super hane Petram aedificabo Ecclesiam meam Mat. â—6 The Hebrew hathâ— Thou art a Rocke and vpon this Rocke will I build my Church And seing that to PETER it was sayd Thou art a Rocke to him also and not to CHRIST the Chiefe and independent Rocke nor to the faith of Christ as our Aduersaries would haue it it must needs be sayd and vpon this Rocke will I build my Church because the Relatiue This hath relation to him that was spoken of imediatly before which was only PETER not CHRIST nor the faith of CHRIST and therfore the Rocke and foundation of the Church and Head being all one it followeth that PETER and consequently the Pope his successour for the Church after PETERS tyme had as much neede or rather more of a Head and Pastour as in PETERS tyme and none euer practized Authoritie ouer all the Church but the Pope as all Councels and histories do witnesse is the supreme Head of the Church and so not euerie King no not any King in his Kingdome Apostles Prophetes Euangelists Pastours and Doctours onlie CHRIST gaue to gouerne his Church as S. PAVLE sayth not Princes Ephes 4. Mat. 18 To Apostles it was sayd VVhat soeuer you shall binde vpon earth shall be bound also in Heauen and what soe-euer you shall loose vpon earth shall be also loosed in heauen Ioan. 20 Neuer to Princes To Apostles it was said VVhose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained Neuer to Princes Of Bishops and Priests it was sayd Neb. 13. Obey your Prelates and be subiect to them for they watch as being to render account for your soules of Princes neuer rather they by these wordes are commanded also to obey Act. 20. To Bishops it was sayd Take heedâ— to your selues and the whole flocke wherein the Holie Ghost hath placed you Bishops to rule the Church which he hath purchased with his owne bloud to Princes neuer To a Bishop it was sayd Tit. 1. For this cause I left thee in CRETE that thou thouldst reforme the things that are wanting and thouldst order Priests by Cities as I also appointed thee To Princes neuer 4. I will not denie but that Princes are to assist the Church by sword scepter and Power and to punnish at the Churches direction not onlie Theefes and murderers but also Hereticks as CONSTANTINE and other Emperours did I graunt that they are nourcing Fathers Isay 49. but no Superiours to the Church And therfore if we read ouer both the old and new Testament we shall neuer finde that any King as King medled in the gouernment of Ecclesiasticall persons and matters 5. Bilson when he was VVardon of VVinchester wrote a booke called The True Difference betwixt Christian subiection and Vnchristian Rebellion in which he striueth but in vaine to prooue that the Prince hath supreme Authoritie in causes Ecclesiasticall and gouernment of the Church And to prooue this he citeth Nabuchodonosor Darius Par. 2. pag. 191 the King of Niniue Moyses Iosue Dauid Salomon Asa Iosaphat Ezechias Manasses Iosias and Nehemias as though they had gouerned the Ecclesiasticall affaires of the Synagogue In Tortura Torti pa. 363. So doth also D. ANDREWES But if I should graunt them that all these were by God appointed Rulers of
l. 3. Pol. ca. 5. there are three parttcular Kinds of gouernment The first is called Monarchia when one as King and Monarch gouerneth The second is called Aristocratia when diuers but few and those of the better sort equall in Authoritie do rule The third is called Democratia when many and those of the Common people rule The first gouernmēt of it selfe is best because it is easier to finde one good and wise man then few much more hard to find many and it is easier for many to obey one then many for to obey many there are two difficulties the one in those that obey and that difficultie is also found in a Monarchie the second in the commanders and this is lesse in a Monarchie then in other gouernments because one can better agree then many and so when one commandeth it is easier for the subiects to agree in one then when many command Vide Bellar li. 1. de Sum. Pont. c. 2 And hence it is that Tyrannie which is opposit to Monarchie is not so bad as Faction opposed to Aristocratie nor Faction of a few so bad as Sedition of the people opposite to Democratie 7. Now therefore as the Communitie as is before declared hath power to gouerne it selfe so hath it power to choose that gouernment which it liketh best whether it be one of the former three simple gouernments or some other mixt of two or of all three of them And if the Communitie chooseth Magistrates who shall depend of the whole Communitie then the Communitie is the chiefe gouernour the Magistrates are but officers and ministers and so may be deposed by the people some times at pleasure some tymes only vpon some vrgent occasion and alwayes when the chiefe Magistrate dyeth his heyres succeed not necessarily but only they whom the people make choise of This gouernment was amongest the Romanes when they were gouerned by Plebiscita and Senatours and is this day to be seene in the Common VVealth of the Venetians the Geneuians and those of Genua If the Communitie make choise of a King then the Communitie despoileth it self of Authoritie and becometh a subiect and as it were a priuate person and giueth all power and Authoritie to the King to gouerne not principallie for his owne priuate but for the common good of the whole Kingdome And hence it is that the Common wealth cannot depose a King as it may a Magistrate vnles it be in case of intollerable Tyrannie 8. Hence appeareth a great difference betwixt the afore said power of the Communitie and the Regall power of the King because the former power of the Communitie followeth of necessitie the lawfull meeting of many in one societie in so much that it is not in the peoples power to meet with intention to liue together and not to haue that power and so this power dependeth not of any election but that the King or Peeres or the Magistrate rule and gouerne depended at the first of the election and free choise of the people in whose power it was to choose one or many to gouerne the rest and so Kinglie power is in deede of God but by meanes of election It is of God because it proceeded from the Communities power which is of God and Nature necessarilie following the naturall inclination which God hath imprinted in vs to liue in societie and yet it is in the King by free election because though the Communitie haue authoritie from God and Nature to rule it self yet that this power is giuen to the determinate person of the King dependeth of the peoples election 9. Now some thinke that supposing the peoples election God immediatelie giueth the power VVid. in Apolog. Rosp nu 163. pag. 128. This is the opinion of WIDDRINGRON in his Apologetical Answere for the right of Princes where he affirmeth that Quicunque in supremum Reipublicae superiorem legitimè deputatur c. VVhosoeuer is lawfully deputed as soueraigne Superiour of the common VVealth although he receaue that dedeputation or Title of power by the free consent of of men yet the totall power of ruling God onlie giueth vnto him by the law of Nature But VViddringron should haue marked that the people and Cōmunitie from which lawfullie assembled necessarilie floweth as aboue we haue seene a power to gouerne it selfe and to appoint gouernours not onlie designeth the person of the King but also trāsferreth her authoritie frō her selfe to the King and becometh herselfe a subiect and as it were a priuat person So that the Cōmunitie not onlie designeth the person of the King but also despoiling het selfe of the power she had from God and Nature giueth it vnto the person chosen and designed by her for King D. The. 2.2 qu. 10. a. 10. And thersore S. Thom. sayth that Dominion and prelacie Ciuill are brought in by humane lawe 10. VVhorein may be seene a manifest difference also betwixt the Pope and the King For the Cardinalles When they choose one of their companie to be Pope designe onlie his person as Caietan well obserueth but Christ only Caiet in opusc de Pont◠and not the Cardinalles after this deputation of his person giueth the power and iurisdiction it being supernatural as not only the end to which it is ordayned but also the Actes and functions of this iurisdiction doe manifestlie declare and therfore seing that a supernaturall Iurisdiction surpasseth the actiuitie of the Cardinalles they being but morall Agents and vsing no sacrament in the election and creation of the Pope he being ordinarilie Priest and Bishop before this Autoritie must be attributed only to God as the Authour but the Kings authority is naturall and morall ordayned only of it self to natural functions and to a natural end which is temporall peace and felicitie and so it not exceeding the Actiuitie of the people or Communities power may and is giuen by the people and consequentlie not only the deputation of the Kinges person but also his Regall Authoritie proceedeth immediately from the people 11. VVhence also may be gathered a difference betwixt the Authoritie which was in the Communitie before it made choise of a King and the Authoritie of a King for that Authoritie of the Communitie is immediately of God Nature proceeding necessarilie from a Communitie lawfullie assembled in somuch that it is not in the power of the Communitie to be without this power vnles it giue it to one or many gouernours but the Authoritie of the King doth not necessarilie flowe from this Communitie because it is in the free choise of the Communitie to make election of that gouernment in particular which it shall thinke best and so if it make election of a Monarchical gouernment and consequentlie of the King the King is to thanke the Communitie not only for the deputation of his person but also for his Regal Authoritie which being a naturall power and being before contained eminenter or virtualiter eminentlie or virtuallie in the Communities
indifferent and not otherwise forbidden Fiftlie Mat. 18. Christ gaue authoritie to his Apostles to loose and bynd by excommunications suspensions and interdicts which actes of Iurisdiction are the spirituall bands and Censures which the Church layeth vpon rebellious Christians as Diuines and Fathers interprete Which power Saint Paul in his second Epistle to the Corinthians insinuateth saying If I come againe I will not spare and againe These things I write absent that being present I may not deale hardlie according to the power which our Lord hath giuen me vnto edification and not vnto destruction 1. Cor. 4. 1. Cor. 5. D. Th. in hac loca Gregor Nyssâ—in orat aduersus eos qui agre ferunt reprehens Chrysost hom 60â— ad pop Ant. Hieron ep 53. And in his first Epistle he sayth VVhat will you in rodde that I come to you or in charitie and the spirit of mildnesse And againe he in absence by his letters and mandatum excommunicateth the incestuous person and deliuereth him vp to Satan Out of which wordes Saint Gregorie of Nisse and Saint Chrysostome do gather the power of Excommunication As also doth Saint Hierom who marueileth that the Bishop in whose Diocese Vigilantius liued did not Virga ferrea confringere vas inutile tradere in interitum carnis vt spiritus saluus fiat With an iron rodde breake that vnprofitable vessel and deliuer him to Satan for the destruction of the flesh that the spirit may be saued So S. AVGVSTIN Aug l 1. de pen. cap. 14. so all Fathers so Caluin him selfe vnderstand this place of the power of Excommunication though Caluin will haue onlie the Presbyterie and companie of Seniours not any one alone to excoÌ„municate contrarie to the expresse text which telleth vs that Saint Paul alone absent did excommunicate and deliuer vp to Satan VVhere is to be noted that by excommunication stubbern Christians are saied to be deliuered vp to Satan either because they are cast out of the Church where Satan domineereth or else for that they are depriued of the suffrages and helpes of the Church and so more exposed to Satans tentations or lastely because in the Primatiue Church the Deuil by and by seazed and tooke poslession of the person excommunicated 10. Sixtlie as because the law of Nature could not determine particulerly of all particulers Ciuill power was necessarie to gouerne the Communitie and enact lawes conducing to the Temporall state so because God his law hath not determined all particulers it was necessarie the Church should haue power to call Councelles tomake patticuler lawes according to the times and other circumstances 11. Seuenthlie euerie absolute Common wealth hath power in the Prince and Magistrates to gouerne and defend it self to make lawes to punishe Malefactours c. But the Church is an absolute Common wealth and more absolute then a Kingdome this being subordinate to that not that to this ergo it was to haue all spirituall Authoritie necessarie to gouerne and defend it selfe else Christ had not sufficientlie prouided for it 12. Fightlie we are bound to obey Princes lawes and Authoritie in conscience ergo much more the Churches Authoritie and law this being spirituall that but temporall this being the subordinant that the subordinat power as wee shall see herafter And therfore if the Apostle will haue euerie soule to be subiect to Authoritie and higher powers Rom. 13 he will especiallie that they be subiect if they be members of the Church vnto her spirituall power for as SYMMACHVS Pope sayd once to the Emperour ANASTASIVS Si omnis potestas à Deo est Ep. ad Anastaf Imp. magis ergo quae rebus praestituta est diuinis defer Deo in nobis nos deferemus Deo in te If all power be of God much more therfore that power which gouerneth diuine matters Honour thou God ô Emperour in vs and we will honour him in thee CHAPTER IIII. These two Iurisdictions and powers Ecclesiasticall and Ciuill are compared and conferred and the preeminence is giuen to the Ecclesiasticall 1. AS the little world Man called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can not consist without bodie and soule nor the great world without the Sunne and Moone so neither can the spirituall world of the Church flourish any time vnlesse it be supported as by two Pillars by the spirituall and Temporall power and Authoritie But as if the Moone should or could contend with the sunne and would or could disdaine to receaue light from the sunne or would or could encroach vpon the sunnes right in the gouernmet of the day all would be out of order so if one of these powers should be at variance with the other and would not receaue light and direction by the more lightsome or would encroach preposterouslie on the others demaines the Church could not long flourish And as if the body should rebell against the soule the flesh against the spirit sensualitie against reason it would perturbe reasons order and breake the Oeconomie of Morall life so if one of these powers should offer iniurie to the other the Mysticall bodie of Christ his Church would be out of frame Wherfore seeing that Christ the Wisdome of God is the Authout of both he no doubt hath disposed them sweetlie Sap. 7. and consequentlie hath setled some order betwixt them because Quae à Deo sunt Rom. 13. ordinata sunt Those thinges that are of God are ordered And for as much as Pluralitas principatuum non est bona Pluralitie of principalities is not good Arist l. 12. Metaph. cap. vlt. to wit Vnlesse one be subordinate to the other no doubt he hath subiected one of these to the other For which cause in this Chapter I will endeauour to shew which of these powers taketh the precedence which hath the preeminence and superioritie wherin and how farre 2. But because Comparisons betwixt so great Powers and Principalities and especiallie in these our corrupted times are odious I protest before hand that I entend not do detract any right or prerogatiue from either but onely to giue to Caesar and his temporall power what belongeth vnto them and to God and his Church Mat. 21. what appertaineth to them For I confesse and haue prooued that both these Authorities are of God both are excellent and eminent in their kinde both to be honoured both to be obeyed within their limites both so necessarie to the Church of God that it can no more stand without them then the world without Sunne and Moone For take away Temporall power and who shall defend the Church and assist her for the execution of her lawes and sentences Take away the spirituall power and who shall direct and correct the Temporall when it is exorbitant Take away the Temporall and who shall drawe the sworde Take away the spirituall and who shall preach the worde Take away the Temporall and who shall haue care of our corporall and temporall life Take away the spirituall and
who shall haue care of the spirituall and eternall life But let the one not encroache vpon the other let both helpe one another and both are stronger as was excellently obserued by NICHOLAS the Pope Nichol. epist ad Michael Imp. cap. Gum ad verum ventum est d. 96. Cum ad verum ventum est neque Imperator Iura Pontificatus arripuit nec Pontifex nomen Imperatoris vsurpauit quoniaem idem Mediator Dei hominum homo CHRISTVS IESVS sic propriis actibus dignitatibus distinctis officia Potestatis vtriusque difcreuit vt Christiani Imperatores pro aeternâ vitâ Pontificibus indigerent Pontifices pro cursu temporalium tantummodo rerum Imperialibus legibus vterentur VVhen it came to the vnderstanding of the truth neither the Emperour did take vnto him the rightes of Bishop-like authorotitie nor the Bishop did vsurp the name of the Emperour because the same Mediatour of God and men man Christ Iesus hath distinguished the offices of both powers by their proper actes and distinct dignities as that Christian Emperours for attaining eternall life should neede Bishops and Bishops should vse the Imperiall lawes for the cause only of temporall thinges 3. But as both are necessarie so both are not equall but the one inferiour to the other the one subordinate to the other else the one would be an hindraÌ„ce to the other and both would cause confusion And certes if we will not preferre the bodie before the soule heauen before earth temporall before eternall life VVe must preferre the spirituall and Ecclesiastieall power before the Temporall and consequentlie the Church before the Common VVealth 4. These two powers and the preemineÌ„ce of the spirituall before the Temporall were prefigured as Turrecremata hath well remarked by the two brazen Pillars in the Porch of Salomons Temple The Porch was a figure of the Church Militant Turrecr lib. 4. cap. 87. 3. Reg. 7. the Inner Temple of the Church Triumphant because as by the Porch the Iewes entred into the Temple so by the Church Militant and by no other way Christians haue entrance into the Church Triumphant The two brazen Pillars that sustained the Porch signified the Power Temporall spirituall which support the Church Militant and the pillar on the right hand signified the spirituall power the Pillar on the left hand the Temporall power whence it is that that must take the precedence of this and this must be subordinate to that 5. And truly that the spirituall and Ecclesiasticall power is superiour to the Temporall and more eminent then it I prooue First by those thinges by which I haue prooued them in the former Chapter to be distinct For the end and finall cause of the temporall power is temporall and naturall to witt temporall peace the end of the spirituall Authoritie is eternall and supernaturall peace the immediat cause efficient of the Temporall is the people the immediat cause of the spirituall is God The matters in which the temporall power is occupied are temporall the affaires which the spirituall gouerneth are Ecclesiasticall and spirituall the functions of the temporall are all temporall the functions of the spirituall power are all spirituall and supernaturall as absoluing from sinnes ministring Sacraments offering of sacrifices enacting lawes for the soules health excommunicating absoluing c. The temporall ruleth especially the bodies the spirituall the soules that ruleth the Kingdome or Common Wealth this the Church To the King the Keyes of Cities are offered to the Priest and Pastour the Keyes of heauen He remitteth temporall Mulctes and paynes no sinnes at all The Priest and Pastour remitteth sinnes and absolueth from all paynes He can cast out of his Kingdome by banishement the Pastour out of the Church by Excommunication And therfore looke how farre eternall felicitie excelleth temporall God the People supernaturall and diuine thinges naturall and humane spirituall functions temporall soules bodies the Church the Common VVealth the Keyes of heauen the Keyes of cities sinnes ciuill penalties eternall temporall punishment excommunication banishement so farre the Ecclesiasticall and spirituall excelleth the Ciuill and Temporall Authoritie By this Argument S. CHRYSOSTOM as alwaies very excellentlie proueth the Priests to be greater then the King Chrysost homil 4. de verbis Isaiae tom 5. Mane intra tuos terminos ô Rex alij sunt termini Regni alij sacerdotij hoc Regnum illo maius est Rex ea quae sunt in terris sortitus est administranda caeterùm ius sacerdotij è supernis descendit Regi corpora commissa sunt sacerdoti animae Maior hic Principatus propterea Rex caput submittit manui sacerdotis vbique in scripturâ sacordotes inungebant Reges Remaine within thy boundes O King others are the limites of the Kingdome others of Priesthood this Kingdome is greater then that The King hath the administration of the things of the earth but the right of Priesthood defcendeth from aboue To the King bodies are coÌ„mitted to the Priest soules greater is this principalitie and therfore the King inclineth his head to the hand of the Priest and euerie where â—n Scripture Priests did anoint Kings Secondlie there is no Christian can denie but that since God hath ordained vs to a supernaturall end to witt the cleate vision and fruition of him selfe as all Scripture witnesseth that he hath all our goods also and states are ordained to the same end and are not well vsed but rather abused when they are vsed to serue our pleasures contrarie to that end whence followeth that all temporall thinges since the former Institution and ordination of God are Media meanes in respect not only of out supernaturall end but also of supernaturall meanes as Sacraments Grace and supernaturall functions which are more proportionate and more neere meanes to that end and consequentlie temporall power which ordaineth of these meanes is subiect to spirituall power which principally considereth the supernaturall meanes and end For as the art of ryding is more noble Arist li. 1. Eth. c. 1. then the art of making bridles as Aristotle to a like purpose reasoneth because this is ordained to that so the spirituall power which disposeth of supernaturall thinges is nobler then the Temporall this being ordained to that and the end being more noble then the meanes 6. Thirdlie Philosophers affirme that all habites and faculties are specified and dignified by their actes obiectes and endes and so Morall Philosophie which hath vertue and manners the health of the soule for its obiect is more noble then the art of Phisicke which teacheth only to cure the diseases of the bodie and to restore corporall health Seeing therefore that the obiects of spirituall power are supernaturall and heauenlie the obiects of Temporall power are naturall and earthlie the end also of spirituall power is eternall beatitude the end of temporall power temporall felicitie the actes also and functions of that power spirituall and supernaturall the actes of this naturall and
The Archbishop of Canterburie ouer the King of England The Archbishop of Rhemes ouet the King of France Gregor Naziâz orat 17. ad Pop. timore perculsuÌ„ prino Iras Vide cap. suscipitisne dist 10. and other Bishops ouer other Kinges S. GREGORIE Nazianzen challenged authoritie ouer Valentinian the Emperour for in an Oration which he made to his Citizens stricken with Feare and to the angrie Prince and Emperour conuerting his speech to the Prefects and euen to the Emperour him self thus he speaketh An me liberè loquentem eqno animo feretis Nam vos quoque potestati meae meisque subsellijs lex Christi subijeit Imperium enim ipsi quoque gerimus addo etiam praestantius ac perfectius nisi verò aequum est spiritum carni fasces submittere caelestia terrenis cedere Sed non dubito quin hanc dicendi libertatem ô Impervtor in optimam partem accepturussis vâ—pote facrimeigregis ouis sacra Magnique Pastoris Alumna rectèque iam inde à primis annis à spiritu ducta instituta Sanctaeque Beatae Trinitatis lumine aequè ac nos ipsi illustrata Will you take in good part that which I shall speake freely For the law of Christ doth subiect you also vnto my power and Tribunals for wee also beare rule and hauc an Empirè and that more eminent and perfect vnlesse a man should thinke it fitt for the spirit to be subiect to the flesh and that things celestiall should yeeld to things that be terrene But I doubt nor ô Emperour but that thou wilt take in good part this my freedome of speech as being a holy sheepe of my holy flocke brought vp vnder the Great Pastour and so from tender yeares well guided and instructed by the spirit and illuminated by the light of the Holy and blessed Trinitie no lesse then wee our selues S. AMBROSE excommunicated Theodosius for a slaughter committed Theodoret lib. 5. hist cap. 18. and a ciuill law enacted at Thessalonica and would not admit him into the Church till he had done pennance and recalled the former law Ita demum sayeth Theodoret Diuw Ambrosius vinclis illnm exoluit templum introire sidelissimus Imperator ausus non stans neque genibus flexis supplicabat Domino sed pronus humi stratus So at length S. Ambrose absolued him from the bonds of his excommunication when as the most faithfull Emperour presuming to enter into the Church did not either standing or kneeling make his praiers vnto our Lord but lying prostrate vpon the ground And when the Emperour after he had bene at the Ossertorie would haue stayed in the Chancell S. Ambrose sent him worde by a Deacon that that was the place onlie for Priestes and those of the Clergie which comaundement also the Emperour obeyed so willinglie that when afterwards at Constantinople the Patriach Nectarius would haue had him stayed in the Chancell he answered Vix cum gemitu didici discrimen inter Imperatorem sacerdotem vix inueni Doctorem veritatis I haue scarcely learned with sorrow the difference betwixt the Emperour and the Priest I haue scarcelie fouÌ„d a Doctour of the truth 9. Fourthlie I prooue this not only by the factes of Popes but also by their definitions in which Popes are to be credited though in their owne cause because most if not all of them were so learned that they knew what belonged to their Authoritie and so iust and holy also that they would not vsurpe what belonged not vnto them ADRIAN Pope maketh this decree Cap. vlâ— Suorum capitulorum c. gencrali 25. q 1. Generali decreto statuimus vt execrandum Anathema veâ—uti praeuaricator Catholicae fidei semper apud Deum reus existat quicunque Regum vel Potentum deinceps Romanorum Pontificium decretorum censuram in quocunque crediderit vel permiserit violundam Wee ordaine by our Generall decree that he bee before God as an Anatheme and as a Preuaricatour whosoeuer of the Kinges or potentates shall thinke or permit to be violated in any thinge the censure of the Romane Bishops Cap. duo sunt dist 96. and decrees GELASIVS Pope hauing tould Anastasius how by two powers Ecclesiasticall and Temporall the world is gouerned and that the Priests burden is so much the greater in that they are to answer for Kinges comportement in the diuine iudgement he addeth Nosti itaque inter haec ex illorum te pendere iudicio non illos ad tuam redigi posse voluntatem Thou knowest therfore that thou dependest of their Iudgement and that they are not to be subiect to thy will And therfore saieth he many Popes haue excommunicated diuers Kinges and Emperours Pope IOHN also sayth Cap. si Imperator dist 96. Si imperator Catholicus est quod salua pace illius dixerimus filius est non Praesul Ecclesiae If the Emperour be a Catholike by his good leaue be it spoken he is a sonne not a Prelate of the Church And afterward he addeth Imperatores Christiani subdere debent executiones suas Ecclesiasticis Praesulibus non praeferre Christian Emperours must submitte their executions vnto Ecclesiasticall Prelates and not preferre Cap. solita de â—nior â—bed INNOCENTIVS the third saieth That as God in the beginning of the world created two great lightes the Sunne and Moone and appointed that to rule the daie this the night so in the firmament of the Churche he hath placed two great lightes to wit Regall and Ecclesiasticall power that to rule the night of Temporall thinges this the day of spirituall thinges And this sayth he is by so much greater then that by how much the SuÌ„ne surpasseth the Moone And againe in the same place he saith That CHRIST excepted no Christians when he commanded PETâ—R and in him his successours to feed his sheepe vt alienum à suâ— demonstraret ouili qui Petrum successores eius Magistros non recognosceret Pastores To shew that he is an alien from his flocke who doth not acknowledge PETER and his successoures to bee his Masters and Pastours 10. Fiftlie I proue it by the Authoritie of Fathers and Bishops that were no Popes Ambr. orat in Auxent quae extat lib 5. epist eius post epist 32. yet great Saintes S. AMBROSE speaketh in this point plainlie Soluimus quae sunt Caesaris Caesari quae sunt Dei Deo Tributum Caesaris est non negatur Ecclesia Dei est Caesari vtique non debet addici quia ius Caesaris esse non potest Dei templum Quod cum honorificentia Imperatoris nemo dictum potest negare Quid enim honorificentius quà m vt Imperator filius Ecclesiae esse dicatur Wee haue payed to Caesar what thinges belong to Caesar and to God what is appertaining to God Tribute belongeth to Caesar and is not denyed him The Church is Gods and therfore is not to be giuen to Caesar because the Church of God can not be Caesars right
Which no man can denie but that it is spoken with the Emperours honour for what more honourable then that the Emperour should be called the sonne of the Church And then say I if he be a sonne he is a subiect no lesse then the sonne to the father The same Doctour in a booke wrote of Priestlie Dignitie sayth yet more Honor sublimitas Episcopalis sayeth he nullis poterit comparationibus adaequari Lib. de dignit sacerd cap. 2. Si Regum fulgori compares Principum Diademati longè erit inferius quà m si plumbi metallum ad auri fulgorem compares quippe cum videas Regum colla Principum submitti genibus sacerdotum exosculatis ecrum dexteris orationibus eorum credant se communiri The honour dignitie and Highnes of a Bishop cannot be equalized by any comparisons If thou compare it to Kinglie lustre and the diademe of Princes thou shalt say lesse then if thou shouldst coÌ„pare lead to the glittering gould for as much as thou seest Kinges and Princes neckes submitted to the knees of Priests and theÌ„ selues kissing their right handes to be waranted by their prayers Hom. 4. de verbis Isaiae S. CHYSOSTOME Regi corpora commissa sunt sacerdoti auima Rex maculas corporum remittit sacerdos autem maculas peccatorum Ille cogit hic exhortatur Ille necessitate hic consilio Ille habet armasensibilia bic arma spiritualia Ille bellum gerit cum Barbaris mihi sacerdoti bellnm est aduersus Daemones Maior hic Principatus propterea Rex caput submittit manui sacerdotis vbique in veteri scriptura sacerdotes inungebant Reges To the King bodies are committed to the Priest soules The King forgiueth the punishments of the bodie the Priest the blottes and blemishes of sinnes He compelleth the Priest exhorteth he by necessitie this by counsell he hath sensible weapons this spirituall he makes warre against the Barbares I the Priest am to wage battaile against the deuils Greater is this Principalitie and therfore the King inclineth his head to the hand of the Priest and euerie where in the old Testament Priests did annoint Kinges And againe SiquideÌ„ sacerdotiuÌ„ Principatus est Hom. 5. de verbis Isaiae ipso etiaÌ„ regno venerabilius ac maius c. Because Priest hoode is a Principalitie and that greater and more venerable then the Kingdome Speake not to mee of the purple and diademe and goulden robes these all be but shadowes and more vaine then springe flowers Speake not to mee of these thinges but if thou wilt see the difference betwixt a King and a Priest way the power giuen to them both and thou shalt see the Priest fitting much higher in dignitie then the Kinge For a though the Throne of a Kinge seeme to vs admirable for the pretious stones wherewith it is couered yet he hath allosted him onely the administration of earthlie thinges But to the Priest a throne is placed in heauen and he hath authoritie to pronounce sentence in heauenlie businesses Who sayth so Mat. 18. The King of the heauens him selfe What soeuer you shall bynde vppon earth shall be bound also in heauen and whatsoeuer you shall loose vppon earth shal be loosed also in heauen What can be compared with this honour from earth heauen taketh the principall power of iudging For the iudge sitteth on earth our Lord folioweth his seruaunt and whatsoeuer he shall iudge heere below that he approueth aboue And a little after Eoque Deus ipsum regale caput sacerdotis manibus subiecit not erudiens quod hic Princeps est illo maior Siquidom id quod minus est benedictionem accipit ab eo quod praestantius est And so much God hathsubmitted the Kinges head to the handes of the Priest teaching vs that this Prince is greater then he for he that is lesse receaueth benediction from him that is greater Yea S. CHYSOSTOME giueth not only Bishops but also euen Deacons Hom. 33. in Matth hom 83. in eund Authoririe ouer Kings Si dux igitur quispiam saieth he si Consul ipse si qui diademate ornatur indignè adeat cohibe ac coërce maiorem tu illo potestatem habes If therfore any Capitaine or Consul if he that is adorned with a diademe approach vnworthilie keepe him backe and restrayne him thou hast greater power then he And to this purpose we read that S. Re. MIGIVS the Apostle of France Histoire de l'Eglise de Reins lib. 1. cap. 13. a little before his death commanded the Bishops to excommunicate the Kinges of France if they should waste or inuade the Churches But aboue all most forcible is the testimonie of Ignat. Epist ad Smyrn S. IGNATIVS an Apostles scholler who so extolleth Princelie dignitie that yet he giues the precedence vnto the Bishops authoritie Honora Deum sayth he vt omnium authorem Dominum c. Honour God as the Authour and Lord of all and the Bishop as the Prince of Priests bearing the Image of God and houlding his princedome of him and his Priesthood of Christ And after him you must honour also the King For none is to be prefered before God nor equal to him nor none more honourable in the Church then the Bishop exercising the Priesthood of God for the saluation of the world Neither is any equall to the King in the Hoste or Campe procuring peace and beneuolence to the other Princes vnder him For he that honoureth the Bishop shal be honoured of God and he that dishonoureth him shall of God be dishonoured For if any man rising against the King is worthie of damnation how shall be escape Gods Iudgements that attempteth any thing against or without the Bishop For Priesthood is the Chiefe and summe of all mans good which whâ— soeuer disgraceth dishonoureth God and our Lord IESVS Christ the Chiefe Priest of God 11. Sixtlie this I proue by Emperours and Kings proper confession who all of them haue acknowledged Bishops and especiallie the Chiefe Bishop of Rome their Fathers Pastours and superiours and those that haue supreame authoritie ouet them CONSTANTINE the Great in an â—ict of his shortely after his baptisme â—saieth thus Cap. CoÌ„stantinus 2. dist 96. Vtile iudicauimus c. vt sicut in terris Beatus Petrus Vicarius filij Dei videtur esse constitutus it a etiam Pontifices qui ipsius Principis Apostolorum vices gerunt Principatus potestatem amplius quà m terrenae Imperialis Nostrae Serenitatis mansuetudo habere videtur concessam à nobis nostroque Imperio obtineant Wee haue Iudged it profitable that as blessed Peeter is appointed the vicaire of the sonne of God in earth so also Bishops who are Vicegerents of this Prince of the Apostles should haue more amplie the power of principalitie graunted by vs and our Empire Ruffin lib. 1. cap. 2. then our terrene Imperiall Serenitie seemeth to haue And Russinus relateth how that when certaine Bishops assembled at
subiects to Bishops and especiallie to the Chiefe Bishop they can not in that kind be heads and superiours to Bishops 17. Lastlie I prooue this by out Aduersaries confession which is an argument ad hominem of no little force because none is presumed to lie against him selfe Calu. in cap. 7. Amos. CALVIN pronounceth thus of HENRIE the eight his supremacie Qui initio tantoperè extulerunt HENRICVM Regem Angliae certè fuerunt homines inconsiderrti dederuut enim ills summam rerum omnium potestatem hoc me grauiter semper vulnerauit Erant enim blasphemi cum vocarent eum Summum Caput Ecclesiae sub Christo They who in the beginning did so much extoll HENRIE the Eight King of England were men inconsiderate for they gaue him supreme power of all thinges and this did alwayes much aggreue mee For they were Blasphemous when they called him supreaine Head of the Church vnder Christ This was the opinion of CALVIN which is not to be contemned of our Protestants who follow him as an Oracle in other and those verie manie points And to him haue subscribed our Puritans in England and the Brethren of Heluetia Zurich Berne Geneua Polonia Hungarie and Scotland who all denie this supremacie of Kings in Ecclesiasticall causes Yea our Protestants them selues whilst they seeke to auoid the absurdities which aboue I haue produced against this supremacie and which Catholickes haue obiected do in effect despoile the King of all such Authoritie 19. Becanus in Dissid Angl. For first as BBCANVS hath tould them they are not agreed whether his Authoritie should be called Primacie or Supremacie nor whether he should be stiled Primate or Soueraine Salclebr pag. 140. D. And. in Tort. pag. 90. Tomson pag. 33. Head or Gouernour SALCLEBRIDGE calles the King Primate of the Church of England Doctour ANDREWES calles his Authoritie Primacie and yet TOMSON will not haue this authoritie called Primacie but Supremacie because the former word argueth a power Ecclesiasticall and of the same order with that which Prelates of the Church haue the last word he saith signifieth not so much And againe he will not haue it called Spirituall Authoritie but Authoritie in respect of Spirituall things Tomson pag. 31. Idem pag. 95. Salcl pag. 305 and he addeth that the King gouerneth Ecclesiasticall things but not Ecclesiastically And yet SALCLEBRIDGE saith that Kinges annointed with sacred oyle what will he then say of Kings that are not annointed are capable of Spirituall Iurisdiction And wheras at the first by the Parlament anno Domini 1543 in the yeare 35. of HENRIE the eight it was decreâ—d That the King should be called supreme head of the Church Poulton in his statute Tooker pag. 3. Burhill pag 133. and that also vnder paine of highe Treason yet now TOOKER and BVRHILL will not haue the King called head of the Church And so in deed Queene ELIZABETH in the First Parlament chose rather to be Gouernesse of the Church then Head 20. And as these men varie in the name so do they in the Power and thing it self TOOKER saith The King hath and can giue Tooker pag 305. Salclebr pa. 140. and take away all Iurisdiction Ecclesiasticall in the outward court SALCLEBRIDGE sayth the King can dispense in pluralitie of benefices D. And. apud Tooker pa. 305. Bur. pa. 234. Salcl pa. 121. Took pag. 36. Bur. pag. 137. 242. Took pag. 15. D. And. pag. 151. and can licence a Bastard to take holie orders D. ANDREWES sayth hee hath all externall Iurisdiction but Censures yet BYRHIL denyeth him all Iurisdiction Ecclesiasticall both in the inward and outward Court SALCLEBRIDGE sayth the King can giue Benefices create and depose Bishops and yet TOOKER sayth he can only nominate and present BVRHIL denyeth the King Authoritie to excommunicate yea he sayth he may bee excommunicated And the same doth also D. ANDREWES and TOOKER maintaine But what a supreme Head is he that can not cut of by excommunication an infecting and infected member What a Pastour that caÌ„ not cast out an infected sheepe by Excommunication And if he can not excommunicate but rather may be excommunicated it argueth that he hath a superiour who can exercise Ecclesiasticall Iurisdiction ouer him and so he is not supreme Head of the Church Wherfore Catholicks as they acknowledge the Pope supreme Head Salcl pag. 136. so they say he can not be excoÌ„municated by any SALCLEBRIGE sayth that it is clearer then the sunne that Princes haue determined controuersies of faith in 8. Councels Tooker pag. 50. Bilson caeteri infra citandi and yet TOOKER as also D. BILSON D. ANDREWES and D. FIELD as wee shall see anone will not haue the King called superiour in matters of faith 21. After this doubting and varying they proceed to a flat denyall of the foresaied supremacie In Tortura Torti pa. 170. D. ANDREWES hath taken a great part of the Supremacie from the King for he confesseth that the Emperour hath no Imperiall right to diuine things These be his words Non est in ea quae diuina sunt Imperiale sed neque Pontificale ius vllum Ther is not in the King any Imperiall no nor Pontificall right ouer diuine thinges He addeth that the King hath no right to dispose of Churches which yet King HENRIE the 8. challenged and practized to the ruine of tenne thousand Churches in one yeare For thus sayth D. ANDREWES At illa diuina hîc quae tandem Aedes Templa Basilicae neque verò in ea quae ita diuina sunt Rex noster vllum sibi ius vendicet Ibid. pa. 171. And a little after he sayth That the King is no Iudge in a cause or matter of faith And in the next page he seemeth to affirme and prooue out of the Councels of Constantinople Pa. 172. Antioche and Carthage that the King is not to be Iudge in the causes of Bishops And the page next after that Pa. 173. In sacramentes the King hath neither supreame nor any power at all And besides all this he addeth that he cannot excommunicate Pag. 151 Nos Principi sayth he Cenfurae potestatem non facimus VVe do not graunt the Prince or King any power to excommunicate c. D. BILSON saith plainlie that the King hath Authoritie ouer the Persons of the Church Bilson in his true difference pag. 171 172. par 2. but not ouer the things of the Church to wit ouer the persons of the Bishops but not ouer faith Sacraments materiall Churches and such like Which yet I see not how it can stand together for if the King be supreme Head not only ouer the Kingdome but also ouer the Church that is of the persons of the Church then as because he is supreme Head of the Kingdome he can command his laye subiects in temporall matters as to paie Tribute to obey temporall lawes c. so if he be supreame Head of the Church and
hath Authoritie ouer Clergie men as Clergie men he can command euen Churchmen in Ecclesiasticall matters and can call Synodes determine controuersies of faith in them enact Ecclesiasticall lawes and bestowe Ecclesiasticall Benefices and so he shall haue Authoritie not onlie ouer the persons but also ouer the things of the Church And therfore as he that should say that the King for the necessarie good of the Common VVealth cannot dispose of the Temporalities of the Realme should in effect make him no King so BILSON in saying that the King hath no Authoritie ouer the spirituall things and graces of the Church makes him no Head of the Church nor superiour ouer Church men as Church men For if the King be Head of the persons of the Church he can command them as his subiects And then I demand of BILSON in what things he can command them If in temporall thinges onlie as to paie Tribute to go to warre c. then is he King only of the Common wealth but no Head of the Church If in Spirituall things as administration of Sacraments decisions of matters of faith in Councels c. then hath he the administration of spirituall things and hath authority not only ouer the persons but also ouer the things of the Church But I neede not wrest this frō BILSON by force of Argument for he no lesse plainely confesseth that the King is no Head of the Church Bilson par 2 pag. 240 These are his wordes VVe confesse Princes to be supreme Gouernours that is as we haue often told you supreme bearers of the sword which was first ordained from aboue to defend and preserue as wel godlines and honestie as peace and tranquillitie amongst men We giue Princes no power to deuise or inuēt newe Religions to alter or chaunge sacraments to decide or debate doubtes of faith to disturbe or infringe the Canons of the Church Thus he VVherby we see first how he derogateth from that authority which King HENRIE the 8 and Queene ELIZABETH challēged and the former Parlament approoued for by that authoritie King HENRIE the 8. exiled all the Popes authoritie forbad all Appeales to Rome contrary to the ancient Canons disposed of Abbaies and Churches without the Popes authority c. And by the same authoritie Q. ELIZABETH chaūged the sacraments and all the whole face and hew of religion and forbad Councels to be called or any thing in them to be decided without her consent Secondlie we may see also herby how BILSON maketh the King no supreme Head yea no head at all of the Church but only a Protectour and defender therof which Title all Catholikes graunt to Kinges acknowledging that the King is to defēd the Church to assist her by his temporall sword and Authoritie that shee bee not hindred in calling Councels and administration of the Church yea and to punish heretikes condemned by her and deliuered vp to secular power And no more doth BILSON graunt And so he denying the Prince to be head of the Church and graunting him to be only a protectour and defender is guiltie of high treason 22. D. Field lib. 5. de Eccles cap. 53. Doctour FIELD also in effect denieth this authority to the King for he distinguisheth things merelie Spirituall in this manner Either sayth he the power in these things is of order or of iurisdiction the power of order consisteth in preaching the worde in ministring Sacramēts and ordaining ministers and in these things saith he Princes haue no Authoritie at all much lesse supreme authority The power of iurisdiction standeth in prescribing lawes in hearing examining and iudging of opinion in matters of saith and things pertaining to Ecclesiasticall order and Ministerie and due performing of Gods seruice and in these the King can only by direction of the Clergie make penall and tempor all lawes for the Execution of Bishops lawes and Canons Thus he But to omitt how aptlie D. FIELD annexeth preaching to the power of order Vide Sairum lib. 4. de Censuris cap. 16. num 21 which may be exercised with licence of the Bishop by one that hath no Orders at all to omitt also how he can possiblie distinguish the powers of order ād Iurisdiction he and his Doctours denying all Caracters and making ordination nothing else but a meere deputation to such an office I auerre that D. FIELD in this contradicteth the former authority which was giuen by Parlament to King HENRIE the Eight and King EDWARD his sonne and Queene ELIZABETH his Daughter as may appeare plainlie by the actes of Parlament aboue alleadged and he maketh the King no Supreme Head of the Church but onlie an Assistant Protectour and Defendour therof as I haue shewed against D. BILSON 23. Wherfore the Catholicks of England haue iust cause to complaine of seuere dealing towards them who many of them haue bene condemned to Premuniries and cruell deathes for denying the snpremacie of the Prince in Spirituall causes of which notwithstanding the leardnest of the Ministerie make such doubt and question as we haue seene yea denie it in plaine termes For if that care had bin had of the Kings Catholick subiects which their number antiquitie and loyaltie seemed to require this question of the Supremacie should haue bene better discussed and more maturely resolued before the Ministers should haue preached it as necessarie to be beleeued and before Catholicks should haue been so seuerelie handled for denying it their own Doctours now varying so much as we haue seene about the very name and thing it self and some of the leardnest amongst them denying it as flatly as any Catholick can do 24. Remember then O Kinges Princes and Potentates of the earth what is belonging to your so high an office Psal 2. An exhortation to Princes Et nunc Reges intelligite erudimini qui iudicatis terram And now ô Kings vnderstand your office informe your selues ô you that iudge the earth what belongeth vnto you You are Iudges of the earth and Common wealth you are not to meddle with the Church which is called Regnum Coelorum Mat. 13 the Kingdome of Heauen You are Isa 49. as Esaye calleth you Nurcing Fathers but no Gouernours of the Church you are Protectours and Defendours and Assistants obliged by scepter and sword to assist her and to punish her Rebelles at her direction You are subiects no Superiours sheepe no Pastours Inferiour members no Heads and your greatest honour and safetie is to serue not to rule the Church to defend not to inuade her rightes Harken ô Princes to that holsome counsell which AZARIAS the High Priest gaue to King OZIAS 2. Paral. 26. Ioseph l. 9. Ant. cap. 11. who would be medling with the Priests office For when he being puffed vp with pride of hart tooke vppon him to offer Incense in the Temple and on the Altar of Incense AZARIAS matching his Kinglie pride with a Priestlie Zeale followed him at his heeles accompanied with fourescore Priests and
regna dat coelestia That Christ is come why dost thou dread O Herode thou vngodlie foe He doth not earthlie Kingdomes reaue That heauenly Kingdomes doth bestow 4. And so although CHRIST were euen as man a Temporall King yet he not actually raigning him self it is not likelie that he should giue any such authoritie to S. PETER and the Pope his successour And although hee had actually raigned him self yet it is not necessarie that he should giue that Authoritie to S. PETER for hee had also the power of Excellencie by which he might command euen Infidels not baptized and by which he instituted a Church Sacraments and a Priesthood which S. PETER and the Pope his Successour can not doe Certes none can denie but that CHRIST might haue giuen S. PETER supreme Iurisdiction spirituall ouer the Church without Temporall because as spirituall power is not necessarily annexed to the Temporall as I haue proued in the former Chapter so Temporall power is not necessarily ioyned to the spirituall and therfore seing that neither the law of God nor Nature nor man giueth any such Temporall Iurisdiction to the Chiefe Pastour of the Church why should either he challenge it or we giue it him especiallie it being a thing verie inconuenient and odious that either the Church or her Chiefe Pastour should haue any such Temporall power For if it were so that the Church or her supreme Pastour had any such soueraintie it would deterre all Pagan Kings and Princes from our Religion fearing least the Church by her absolute Authoritie might depriue them of their Kingdomes Crownes and Scepters at her pleasure And hence it is that the Popes them selues confesse that they haue no Imperiall nor Kinglie Authoritie giuen them by CHRIST but rather that these two powers are in distinct subiects So NICHOLAS Pope sayth Cum ad verum ventum est c. Ca. cum ad verū d. 96. Vide supra pa. 66. et pag. 78. VVhen it came to the vnderstanding of the truth neither did the Emperour take vnto him the rights of Bishop-like Authoritie nor did the Bishop vsurpe the name of the Emperour because the same Mediatour of God and men man Christ IESVS hath distinguished the offices of both powers by their proper and distinct dignities as that Christian Emperours for attaining eternall life should neede bishops and Bishops should vse the Imperiall lawes for the cause onely of temporall things And S. BERNARD Bern. li. 2. de Cōsid ca. 6. Nam quid tibi aliud dimisit Sanctus Apostolus quod habeo inquit tibi do c. VVhat other thing did the holie Apostle leaue vnto thee what I haue saith hee I giue thee VVhat is that One thing I know it is neither gould nor siluer seing that he sayth gould and siluer is not with mee Bee it that by some other way thou maist challenge this vnto thee yet not by Apostolicall right for he could not giue thee that which he had not VVhat he had he gaue sollicitude as he sayd ouer the Churches Did be giue thee rule and domination not ouer-ruling the Clergie but made example of the flocke and doost thou thinke this to be spoken onlie out of humilitie not in veritie the voice of our Lord is in the Ghospell the Princes of the Gentils ouer-rule them c. but it shal not be so amongst you 5. But although the Pope and Chiefe Pastour of the Church hath no direct Temporall power but only in his owne Temporall Patrimonie and Kingdome by which he may dispose of Kingdomes Crownes and scepters yet he hath a Spirituall power which may directlie and ordinarilie dispose of spirituall matters and indirectlie and in some extraordinarie case of the Temporall also that is when it shall be iudged necessarie for the consernation of the faith or Religion or the Churches lawes and right or some other great and necessarie good I say the Pope hath no direct power ouer Princes for then he might limit their power abrogate their lawes and depose their persons at least for some iust cause though it did not concerne either faith or the Churches right or necessarie good as the King can deale with his Viceroy and any of his subiects and then Princes should not be absolute and independent who yet as aboue is declared in Temporall matters and so long as they exceede not the bounds of their authority by commanding things contrary to Gods law or the Churches Canons acknowledg no Superiour in earth neither Pope nor Emperour nor Common wealth For as for the Emperour all Princes who are not his Vassals as the Kings of Spaine England and France are not as they acknowledge him Superiour in dignitie and therfore will and must giue him the precedence whersoeuer they meete yet they are not subiect to him nor bound to obey him vnlesse it be when the Pope the Chiefe Pastour and hee the greatest Prince in dignitie shall thinke it necessarie that all Christian Princes contribute or concurre for the defence of Christendome against the Turke or such like Common enemie As for the Pope I graunt that CHRIST gaue him no Temporall power at all which aboue I haue prooued for that Temporall power which he hath in Italie hee had not by Christs immediat graunt but onlie by Constantines and other Emperouts and Princes donation which donation supposed and confirmed also by Prescription and his subiects yea all the Christian worlds consent that part of Italie which he possesseth is as trulie appertaining to him as England is to the King of England France to the King of France and Spaine to the King of Spaine onlie the Pope cannot transfer his Kingdome to his Heyres as they may because it cometh not to him in particular by hereditarie succession but onlie by election Yea if the Pope were by the law of God a Temporall Soueraine Prince ouer all the world other Princes should holde of him and CONSTANTINES donation by which he made him Temporall Prince of Italie had been no donation but restitution As for the Common wealth I haue aboue declared how it hath despoiled it self of all authoritie and by translating it to the King is trulie a subiect and like a priuate person and so hath no power ouer the King vnles it be in case of intollerable Tyrannie as aboue is explicated 6. I say yet that the Pope hath an Indirect power ouer Kings euen in Temporall mattters which power notwithstanding is not Temporall but spirituall nor any distinct power from his spirituall supremacie but euen the self same And therfore GREGORIE the Seuenth in his deposition of HENRIE the Fourth sayth that he deposeth him by the power he hath from S. PETER of binding and loosing And although his Pastorall and Spirituall power directly and ordinarily hath the menaging only of spirituall matters and so directly and ordinarily exerciseth it self in excommunicating interdicting and suspending frō Spirituall offices calling Councels and deciding controuersies of faith in them in making
thing he might say vnlesse an Anathema be added as alwaies it is not that what the Councell defineth Widdr. supra n. 7. was defined but as probable He excepteth also that in an other of these definitioÌ„s it is defined quod Romanus Pontifex si Canonicè fuerit ordinatus meritis B. PETRI indubitanter sanctus efficitur That the Roman Bishop if he be Canonicallie ordained is made vndoubtedlie a saint by the merites of S. PETER which is true taken in the right sence because though euerie Pope be not a saint in life and manners yet he is a sainct in office because his office is holy and so euen Emperours are holie and therefore be stiled Sacra Maiestas Sacred Maiestie Bell li. â— de Rom. Pont. c. 8. tract de potest sum PoÌ„t contra Barcl pag. 28. seqq Schulck pag. 29. Many other Councels I could alleage as Bellarmine and Schulckennius haue done but these shall suffice all Generall Councels yea and prouinciall also if they be confirmed by the Pope according to the common opinion being of infallible Authoritie Who listeth to see the other Councels let him read the Authours prealleadged CHAPTER XII By the facts of the holy and learned Bishops of Rome especially before Gregorie the seauenth the same power is confirmed 1. MY Argumentes which I shall bring in this Chapter I grouÌ„d in the factes of Popes Bellarm. supra Schulck pag 36. Azor. 10. 2. lib. 10. cap. 8. whom Bellarmine Schulckenius and others commonlie produce to prooue that the Pope can depose Princes For although Popes may erre in matters of fact yet if it had bene an vniust and not to them an assured matter so many so learned and so holie Popes would neuer haue attempted such a thing And many of these depositions were decreed in Councels also Schulkenius hath produced twenty eight Popes that haue denounced deposition against Emperours Kings and Princes I shall content my self with the Popes who before GREGORIE the seuenth haue medled with crownes and scepters partlie because our Aduersaries affirme that GREGORIE the Seuenth was the first that medled with Temporall states of Princes partlie because they confesse that GREGORIE the Seuenth and others after him haue deposed Princes partlie also because they seeme to giue more credit to those former then these later Popes although in deed all haue the same Authoritie of which only and not of sanctitie of life deposition dependeth 2. S. GREGORIE the Great in two Epistle Greg. li. 11. epist 10. lib. 12. epist 32. threatneth deposition not onlie against Bishops and Priests but also against Kings Iudges and whatsoeuer secular persons that shall be so hardie as to infringe or violate priuileges by him graunted to the AVGVSTVNENSES and to the Monasterie of S. MEDARD For he sayth in the first place Si quis Regum c. If any King Priest Iudge or secular person acknowledging the tenour of this our constitution shall presume to do contrarie thereunto potestatis honorisque sui dignitate careat let him want the dignitie of his power and honour In the second place he sayth Si quis autem Regnum c. But if any King Prelate Iudge or other secular person whatsoeuer shall violate or contradict the decrees of this Apostolicke authoritie and our command or shall disquiet and trouble the Brothers of the Monasterie or shall ordaine otherwise then thus cuiuscunque dignitatis vel sublimitatis sit honore priuetur of what dignitie or place soeuer he be let him be depriued of his honour Which is an argument that S. GREGORIE thought he could depriue them as those also must needs haue acknowledged who subscribed to the later of the foresaied decrees to wit thirtie Bishops of seuerall countries and Prouinces together with the Kinge and Queene of France 3. Codrenus Zonaras in vita Leonis Isauri Sigebert in Chron. an 728. alij S. GREGORIE the second as aboue depriued LEO Isauricus of Italie and the Gabelles of that prouince * Platina in Gregorio III. Ado in ChroÌ„ an 744. Ced in vita Leonis Isauri Rheg li. 2 Chron. Sigebert an 750. Paul Aemil li. 2. de rebus gest FraÌ„c Fasc TeÌ„p in Zach. Otho Frising li. 5. hist c. 55. Marian. Scot. li. 3. Paulus Diac. li. 6 deff Longob ca. 5. Bonif. ep ad Zach. Pont. Some attribute this to GREGORIE the third but the reason is because he confirmed the former excommunication and deposition anno 730. 4. ZACHARIAS Pope deposed CHILDERIC King of France freed all his subiects from their fidelitie to him and gaue his Kingdome to PIPINE Father to CHARLES the Great and before Maior domus This Ado Viennensis Cedrenus Rhegino Sigibert Paulus Aemiliue Fasciculus Temporum Otho Frisingensis Marianus Scotus Paulus Diaconus and S. Boniface do auouch True it is that the Peeres and Nobles of France desired it and sent Legates to the Pope but the Pope was he by whose Authoritie he was deposed what soeuer Barclaie and VViddrington say to the contrarie And therefore the Olde Chronicon of France sett forth by Pitheus sayth that the Pope sayd it was better he should be King who had all the power as PIPINE being Maior Domus had the King doing nothing then he that had the name onlie dataque Authoritate suâ iussit PIPINVM Francorum Regem institui and by power giuen commanded Pipine to be instituted King Likewise the Authour of Fasciculus Temporum saith Ipse ZACHARIAS regâ—â— Francorum scilicet CHILDERICVM deposuit ZACHARIAS did depose the King of the French to wit CHILDERIC And after addeth Et hinc patet potestas Ecclesiae quanta fuerit hoc tempore qui regnum illud famosissimum transtulit de veris haeredibus ad genus PIPINI propter legitimam causam And here appeareth how great was the power of the Church at this tyme seing that he ZACHARIAS did transferre that most famous Kingdome from the true heires to the familie of PIPINE vpon a iust cause Rhegino sayth Per authoritatem Apostolicam iussit Pipinum Regem creari By the Apostolicall Authoritie he commanded PIPINE to be created King The same writeth Marianus Scotus saying Tunc ZACHARIAS Papa ex authoritate S. Petri Apostoli mandat populo Francorum vt PIPINVS qui potestate Regia vtebatur etiam nominis dignitate frueretur Then ZACHARIAS by the Authoritie of S. Peter the Apostle commandeth the people of the FreÌ„ch that PIPINE who exercised the Regall power should also enioy the name of the dignitie Besides this Paulus Aemilius relateth that one Burchardus a Bishop made an oration to him to perswade him to it for the Pope at first feared to vndertake a matter of so great importance yet when he considered how all the French desired Pipine Francos Sacramento Regi CHILDERICO dicto soluit he freed the French from their oath made to King CHILDERIC 5. LEO the third Pope a holy Prelate to whom God miraculouslie restored both his eyes and tongue of
Albestanensis Bishop Hugo de Sancto Victore Henricus de Gandauo Vlricus Dionysius Carthufianus Ioanues Driedo Albertus Pighius Iacobus Latomus Conradus Brunus and to these may be added Adolphus Schulkenius and Lessius 6. Out of England he bringeth Alexander of Hales a learned Professour of Diuinitie and Maister to S. Thomas of Aquin and S. Bonauenture Holcot Franciscus Maironus Ioannes Bachonus Thomas VValdensis Prouinciall in his time in England of the order of Carmelites and one of the learnedst of his age Cardinall Pole Doctour Sanders To whome may be added Cardinall Allen in his Apologie and Answer to the libeller Doct. Stapleton Mr. Reynolds and diuers others of our learned writers since King HENRIE the Eight his time 7. Dareth now our aduersarie shew his face against such an ample Senate of Doctours and learned men can he thinke him selfe a good Catholicke that holdeth against Catholick Councells Chiefe Pastours Doctours yea and the Catholicke Church which neuer dissented from her Doctours and Pastours He will say that he wanteth not Doctours also O the Doctours I graunt he may alleadge Hereticks for his opinion for in this he conspireth with them for although as wee shall see anone they arrogate to them selues this power yet they denie it to the Pope Nay sayth VViddrington I haue Catholicke Doctours also to countenance my opinion and to free it from Heresie yea temeritie And who be these his Authours He alleageth Occam Ioannes Parisiensis Dante 's the Poet Almainus Ioannes Maior Hugo Vulcurunus Albericus and others But either these Authours were Schismatickes as Sigebert or they expreslie auerte the contrarie to that for which he alleadgeth them as Ocham and Almaine or finally they neither affirme the Popes power nor denie it in deposing Princes And so onlie fiue or six as Dante 's the Poet Sigebert the Schismatick Barclay Bochell and Lescherius expreslie holde with VViddrington Schulck pag. 131. as Schulckenius hath shewed particularlie of euerie one of the authors he alleageth And what are these obscure Authonrs to Scriptures Councels Popes Practise of the Church so many learned Authours of Italie France Spaine Germanie and England as are produced But that the Reader may see more plainelie how little authoritie Widdrington purchaseth to his opinion by his Authours I shall examine some of them in particular 8. Apol. n. 4 Disput Theolog. sec 3. c. 3. n. 4. New yeares-guift pa. 54. VViddrington in his Apologie and Theologicall Disputation and Newyeares guift alleageth out of Ioannes Azorius diuerse Authours as patrones of his opinion and seemeth to endeauour to bring in AZORIVS him selfe amongest them though by the head and shoulders IOANNES AZORIVS a famous Iesuit sayth he affirmeth that it hath euer been a great controuersie betwixt Emperours and Kinges on the one side and the Bishops of Rome on the other whether in some certaine cases the Pope hath a right and power to depriue Kinges of their Kingdomes c. And he alleageth diuerse Authours out of Azorius who fauour his opinion But First although he might haue some reason to alleage those Authours yet I can not see what reason he had to alleage them out of Azorius for if he would therby make his Reader beleeue that Azorius alloweth his opinion for probable in that it is countenaunced by these Authours by him alleaged he abuseth his Reader for that AZORIVS condemneth these his Authours and cōsequentlie him selfe verie deepelie whosoeuer pleaseth to reade AZORIVS shall see that he disputing this Question alleageth for the first opinion Tom. 2. lib. 4. instit moral c. 19. which denieth the Pope Authoritie of deposing Princes in some cases Lutherans Caluinistes and Marsilius Patauinus an hereticke and after that he sayeth non longè ab his fuerunt Gulielmus Ocham c. not farre different from these heretickes were William Ocham and Ioannes Parisiensis Deuines and Dante 's the Flonentine Poet and Almainus tract de suprem potest laicâ quaest 3. Maior in 4. dist 24. quaest 3. concl 3. who haue followed Ocham And then he addeth hauc sententiam Marsilij temerariam errorem continentem ipse Marsilius alij colligere se arbitrabantur imprimis c. This temerarious opinion and which containeth errour Marsilius and others thought they might gather first c. And after that he addeth reuera nisilabi errare velimus negare omnino non possumus penes Romanum Pontificem esse iure diuino vtramque potestatem trulie if we will not be deceaued and erre we can not at all deny but that the Romane Bishop hath bath authorities Tom. 2. lib. 10. Instit mor. c. 6. And after he prooueth this out of the canon Law by Diuines also and Lawiers The same Azorius addeth to these fauourers of VViddringtons opinion Hugo Michael vulcurunus and Albericus but condemneth them and prooueth out of Bartolus l. 1. ff de requirendis reis § vlt that Dante 's was after his death almost condemned of heresie and he alleageth Antonius 3. p. tit 21. cap. 5. § 2. who sayeth that Dante 's in hoc errauit erred in thu and so is put in the Index amongst prohibited authours and his booke of Monarohie condemned and of Albericus he sayeth he is cautè legendus warilie to be read and confuteth what he saith Wheras therfore Azorius sayeth that it hath euer been a great contronersie betwixt Emperours and Kinges on the one side and the Bishop of Rome on the other c. whence VViddrington would in ferre that his opinion were disputable and probable Azorius meaneth not that it hath been a controuersie betwixt Bishops of Rome and all Emperours and Kinges for seing that he coūteth this opinion of VViddrington temerarious and erroneous therin he should condemne all Emperours and Kinges of temeritie and errour but he meaneth schismaticall or hereticall Emperours and Kinges especiallie such as the Bishops of Rome haue deposed who to holde their crownes stood to it that the Pope could not depose them wherupon their followers complained of GREGORIE the seuenth And therfore in GREGORIE the seuenth his time when the greatest controuersie was about rhis matter none but the Emperour deposed and his followers Schismatickes as he was did contradict the Popes sentence of deposition yea then the Kinge of England William the Conquerour Alphonsus Kinge of Castile Philip King of Fraunce Kanuius King of Denmarcke Count Robert of Flaunders and other Princes held league and amitie with GREGORIE the seuenth against the Emperour and his Antipope Baron tom 11. an 1084 Et anno 1085. n. 11. 12 in Greg. 7. Epist ad Greg. 7. quam referunt Magdeburgēses Cent. 11. cap. 8. de Schismatibus circa med as may be seene in Baronius in his eleuenth Tome Yea the Emperour deposed pleading that he could not be deposed but for heresie confessed that he might haue been deposed for heresie Traditio Patrum est sayth he me solius Dei iudicio obnoxium esse nisi quod absit a
knowing that so many Scriptures Theologicall reasons Councels Popes their factes and practise so many learned Doctours and Sainctes stand for the contrarie he can not sweare absolutely and with the former asseueration that the Pope hath no such authoritie he knowing that so many Authours and so great Argumentes and Authoritie do countenance the contrarie opinion Yea much lesse can he sweare for his opinion in this point then can a Thomist for his touching our Ladies Conception because the Thomist is licenced by the expresse leaue of the Church to teach and thinke as he doth and his aduersaries are commaunded by the Church not to condemne his opinion as hereticall Concil Trid. sess 5. c. 1. de Reform Sixtus 4 ca. graue nimis de reliq or erronious or rash which warrant VViddrington hath not for his opinion rather the Church hath condemned it in Councells and practise as wee haue shewed Who is then so hardie or rather so rash that dareth sweare absolutely that the Pope hath no authoritie to depose Princes or dispose of their Kingdomes the contrarie being not only probable yea more probable which VViddrington can not denie but also a matter of faith or so neerely concerning faith as the arguments and authoritie produced do warrant that Cardinall Allan in his Answer to the libeller sayth Chap. 4. it concerneth the Popes Supremacie and power Apostolicall Apol. pro Card. Bellar. cap. 6. cont 4. pag. 259. and Schulkennius verie well auerreth the contrarie is either hereticall or erronious and temerarious either of which is enough to deterre any timorous conscience But be it that the opinion which holdeth that the Pope in some cases can depose a Prince were but probable yet seing that the thing which is probable may be true and if it be the more common and probable opinion as Widdrington denyeth not but that this opinion of deposing Princes is it is most like to be true It followeth consequently that he that abiureth this probable yea more probable opinion that the Pope can in some case depose Princes exposeth him selfe to probable daunger of swearing false and abiuring the truth and so is periured because qui amat periculum in illo peribit Eccl. 3. he that loueth daunger shall perish therein out of which wordes Diuines do prooue that he who wittinglie and willinglie exposeth him selfe to probable daunger of any sinne is guiltie before God of that sinne as if he had actuallie committed 19. Certes if Veritie be a necessarie companion of a lawfull oath no man can sweare more then he thinketh there is veritie in the thing he sweareth Wherefore that he may sweare that this opinion is probable he must in conscience thinke it at least probable which if he ponder the Authoritie which aboue I haue produced for the contrarie he can not possiblie and with any reason thinke to sweare that he thinketh it not only probable but also absolutely and vndoubtedly true he must in conscience be so perswaded else he should sweare against his conscience and otherwise then in his conscience is true And how can hee perswade him selfe so fullie as to sweare that from his hart and before God he thinketh and holdeth that the Pope in no case can depose Princes or dispose of their Dominions he knowing that so many and with so great reason holde the contrarie who are as likelie and as farre more likelie not to be deceaued then he as they haue more reason and Authoritie for their opinion then he 20. Pag. 62. and Pag. 63. WIDDRINGTON in his Newyeares-gift answereth that whatsoeuer opinioÌ„ a man followeth in Speculation concerning the Popes Authoritie to depriue Princes yet he may as certainelie acknowledge and sweare that the Pope hath no Authoritie to depose the King that is to practise his deposition as it is cleare and manifest that he may certainlie acknowledge and sweare that the Pope hath no authoritie to committe open iniustice and that in a doubtfull vncertaine and disputable case the condition of the possessour is to be preferred But although Widdrington maketh great accounte of this answer yet it will be found defectiue For first VViddrington is not ignorant that the power and exercise of the power are two thinges which also may be separated for we haue the power of seeing when we sleepe but not the exercise of it we haue the power of walking when we repose our selues on our bedde and yet then we walke not And so the power of excommunicating and deposing is one thing and the exercise of it is an other and therfore the Bishop may haue power to excommunicate and yet not exercise that power and the Pope may haue power to depose although he do not actuallie depose any Secondly WIDDRINGTON knoweth that a man may haue the power to do a thing validlie that is so as the thing donne shall stand in force and yet not lawfullie that is with out sinne As for example the Prelate or Soueraigne Prince who haue Authoritie to dispense in positiue lawes subiect to their Authoritie if they dispense with out iust cause the dispensation according to the probable opinion of diuerse Diuines is valid and of force and freeth the dispensed in conscience Soto li. 1 de Iustitia Iure q. 7 a. 3. Siluest Angelus V. Dispensatio but it is vnlawfull and the dispenser sinneth So the Pope or Bishop may sometymes Excommunicate validlie and yet not lawfullie For Diuines affirme Excommunication may be three wayes vniust Ex animo when there is iust cause to excommunicate but the Bishop who excommunicateth doth it not out of Zeale of iustice or desire of amendment but out of enuie hatred or malice Ex ordine when the Bishop hath iust cause to excommunicate but obserueth not the order of Canonicall Premonition which is to be donne thrice or once for thrice Ex cauiâ when there is no iust cause The first excommunication is alwayes valid Lib. 1. Thesauri â—â—suum â—â—â—sci entia ca. 7. but vnlawfull so is ordinarilie the second as noteth Sayrus our countrie man the third is not onlie vnlawfull but also inualid and of no force So also the Pope may depose validlie and yet not lawfullie or without sinne For if the Prince giue sufficient cause of deposition and the Pope notwithstanding should as such a superiour is not easilie to be thought so to do depose the Prince out of hatred or enuie or else when prudeÌ„ce would haue him to tolerate the Prince for feare of garboyles and greater hurte the deposition should be valid and of force but yet vnlawfull and sinnefull Wherefore seing that in this second clause we are to sweare that the Pope hath no power or Authoritie to depose the King or to dispose of his maiesties Kingdomes or Dominions c. Although perchaunce he can not now as thinges stand lawfullie exercise his power in deposing an absolute Prince because much more hurt then good might come of it yet if it be
I will doe all these three things as I may sweare without daunger of periurie that the Pope can not depriue a Prince But out of these wordes of WIDDRINGTON I will frame this argument against him selfe I can noe more sweare these three thinges then I can sweare without all daunger of periurie that the Pope can not depriue a Prince but I can not without daunger of periurie sweare that the Pope cannot depriue a Prince ergo I cannot sweare these three things without daunger of periurie The maior proposition is WIDDRINGTONS the minor I haue often prooued because itis at least probable euen by WIDDRINGTONS confession that the Pope can depriue a Prince and if it be probable that he can it may be true if it may be true there is daunger of periurie to abiure it and so the Conclusion followeth to wit that I caÌ„ not sweare these three thinges without daunger of periurie The Sixt Clause Which Oath I acknowledge by full and lawfull Authoritie to be proposed vnto me and do renounce all pardons and dispensations to the contrarie 59. In this Clause the swearer acknowledgeth that this Oath is proposed by full and lawfull authoritie which notwithstanding is not at least so certaine a thing as that a man may sweare it For although the Magistrate haue authority to propose an Oath of meere Ciuill alleageance vnto lay subiects yet he hath not anthority to propose such an Oath as this which as I haue prooued containeth so many thinges not to be sworne and so much derogateth to the Authoritie of the Pope which for so long a time he hath possessed and practised And especially the Magistrate can not pronose this Oath to all sortes of people seeing 〈◊〉 can not be without morall daunger of periurie much lesse can he propose it to Priests whose Ecclesiasticall immunitie freeth them from Magistrates and Temporall Iudges interrogations and Tribunals Ca. quâ—quam de Censibus in 6. Ca. aduersus cap. non minus de Immunit Eccl. and who only are to be examined by their Bishops and Ordinaries and by them to be punnished when they offend and not by any Temporall Iudges vnlesse the fault be so great that the Bishop thinketh it meet to degrade the delinquent and to deliuer him to secular power And so it being a thing at least verie doubtfull whether the Prince and Magistrate haue authority to propose such an oath yea it being euident that they cannot because as aboue is prooued it is euident that it containeth many things which are against faith and Authoritie of the Church and Councells the Prince and Magistrate can haue no authoritie at all much lesse full and lawfull Autho itie to propose this Oath And so neither can this Clause be admitted 60. Adde to this that what soeuer VVIDDRINGTON saith the King and Parlament by this oath do take vppon them to decide what power the Pope hath from Christe the Authour and S. Peter the Popes first Predecessour for what is it other to determine and decide a question then to declare that one parte of it is to bee beleeued and followed towitt that the Pope cannot depriue or depose a Prince and that the contrarie is to bee abiured as impious and hereticall And if anie Doctour of the Church should define this question or anie other how can he determine more playnlie and resolutelie As for Example the Church defineth that there are 7. Sacraments and pronounceth Anathema against the contrarie opinion which saith there are but two or not 7. Doth shee not in this define the question Euen so our Prince and Parlament by this oathe haue decreed that the Pope can not depose or depriue a Prince and they oblige the Subiect to sweare this parte and to abiure the contrarie as heresie Is not this then to determine 61. Whereas Widdrington alleageth Disp Th. c. 7. n. 11 that the facultie of diuinitie in Paris and Mentz doe oblige those that are to proceed Doctours not to teach or preach publiquelie that our B. Ladie was conceiued in originall sinne and yet doe not define the controuersie this maketh rather against him for they also doe in this define and though not absolutelie yet as much as by theire authoritie they can and therfore they doe not oblige their subiects to abiure as heresie the contrarie opinion of the Thomists for that were absolutelie to determine and to arrogate the Popes authoritie wherefore seing that the King and Parlament doe oblige Catholickes to abiure as heresie and vnder the penaltie also of a Premunire that the Pope cannot depriue or depose a Prince it followeth that they absolutelie determine of such a spirituall proposition and matter of diuinitie against the Practise of manie Popes and against the decree of the Lateran Councell and so in this they Challenge to them selues the Popes or Churches Authoritie to which it appertaineth to define what is heresie and consequeÌ„tlie to sweare that this oathe is proposed by lawfull Authoritie is to sweare in effect that the King and Parlament haue spirituall Authoritie and that the King is supreame Head of the Church of England and hath Authoritie to define what proposition is hereticall At least this Argument maketh it doubtefull least this Clause importeth thus much and so is not to bee sworne The Seuenth Clause And all these things I do plainlie and sincerelie acknowledge and sweare according to the expresse wordes by me spoken without any equiuocation or mentall reseruation whatsoeuer And I do make this recognition and acknowledgment hartilie willinglie and trulie vppon the true faith of a Christian So helpe mee God 62. Diuines affirme that the guiltie D. Th. 2. 2. q. 69. a. 1. Caiet ibid. Henric. quodl 1. q. 44. Petrus Nauar li. 2. de restit or supposed guiltie is not lawaies bound to answer according to the Iudges meaning and intention if the Iudge do not make his interrogations iuridicallie The same Diuines affirme that a Iudge doth not make his interrogations iuridicallie when he questioneth about any secret thing of which there is not some fame cap. 4. n. 136. Lessius lib. 2. de iust iure cap. 31. dub 3 alij Vide cap. qualiter quando ca. Inquisitionis dâ— Accusationibus or report against the supposed guiltie or when he examineth things which pertaine not to his Court but rather to the spirituall Court or when there is not semiplena probatio or sufficientia indicia or when the supposed guiltie knoweth him selfe innocent for then he is not bound to answer according to the Iudges intention but may equiuocate Likewise when he knoweth him selfe innocent and yet if he confesse the circumstance which is demaunded he should be presumed nocent he may denie it with an equiuocation As for example if one had been present when his companion without his consent killed another if the Iudge aske whether he was not present he may denie it meaning he was not so present as to consent or