the Metropolitane of England should Excommunicate him And yet by there Doctors it is auerr'd that Iure Diuino and Iure Comâ—muni Antiquo A Bishop may Excommunicate a King as Ambrose did Theodosius and that excepting onely infallibilitie of iudgement in matter of Faith a Bishop might Iure Diuino doe all those things in his Diocesse which the Pope might doe in the whole Church For so Bellarmine himselfe concludes arguing from the Popes Authoritie in all the world to a Bishop in his Diocesse If thereâ—ore an Oath had beene lawfull for defending the King against All enemies though a Bishop Excommunicate him And the Pope haue onely by positiue lawes withdrawne from the Bishops some of the exercise of their iurisdiction and reserued to himselfe the power of excommunicating Princes it is as lawfull to defend him aâ—ter a Popes excommunication now as it was after a Bishops when a Bishop might excommunicate and no man euer said that a Bishop might haue deposed a King 16 All which they quarrell at in the oath is that any thing should be pronounced or any limits set to which the Popes power might not extend but they might as well say that his spirituall power were limited or shortned and so the Catholique faith impugned if one should denie him to haue power ouer the winde and sea since to tame and commaund these in ordine ad spiritualia would aduance the conuersion of the Indies and impaire the Turks greatnesse and haue furthered his fatherly spirituall care of this Kingdome in 88. 17 All the substance of the oath is virtually comprehended in the first proposition That king Iames is lawfull King of all these Dominions The rest are but declarations and branches naturally and necessarily proceeding from that rooâ—e And as that Catholique which hath sworne or assented that Paul the fift is Pope canonically elected hath implicitely confessed that no man can deuest or despoile him of that spirituall iuâ—isdiction which God hath deposed in him nor of those temporall estates which by iust title his predecessours possessed or pretended too so that Subiect which sweares king Iames to bee his true and lawfull King obliges himselfe therein to all obedience by which hee may still preserue him in tâ—at state which is to resist all which shâ—ll vpon any occasion be his enemies 18 For if a king be a king vpon this condition that the Pope may vpon such cause as seemes iust to him depose him the king is no more a Soueraigne then if his people might depose him or if a Neighbour king might depose him For though it may seeme more reasonable and conuenient that the Pope who may bee presumed more equall and dispassioned then the people and more disinteressed then the neighbour Princes should be the Iudge and Magistrate to depose a Prince enormously transgressing the wayes in which his duâ—y bound to him to walke though I say the king might hope for better Iustice at his hand then anothers yet he is no Soueraigne if any person whatsoeuer may make him none For it is as much against the nature of Soueraignty that it may at any time be iustly taken away as that it shall cerâ—ainly bee taken away And therefore a King whom the Pope may depose is but a Depositarieâ— and Guardian of the Souerainty â—o whose trust it is committed vpon condition as the Dictators were Depositaries of it for a certaine time And Princes in this case shall bee so much worse then Dictators as Tenants at will are worse then they which haue certaine leases 19 And thereâ—ore that suspition and doubt which a learned Lawyer conceiued that the Kings of France and Spaine lacked somewhat of Souerainty because they had a dependance and relation to the Pope would haue had much reason and probability in it though he meant this onely of spirituall matters concerning religion if that authority which those Kings seeme to be subiect to were any other then such as by assenting to the Ecclesiastique Canons or confirming the immunities of the Ecclesiastique state they had voluntarily brought upon themselues and the better to discharge their duetyes to their Church and to their ciuill state had chosen this way as fittest to gouerne their Church as other waies by Iudges and other Magistrates to administer ciuill Iuâ—stice 20 So thereâ—ore his Maiesties predecessors in this Kingdome were not the lesse Soueraigne and absoluteâ— by those acts of Iurisdiction which the Popes exercised here For though some kings in a mis-deuout zeale and contemplation of the next life neglected the office of gouernement to which God had called them by attending which function duely they might more haue aduanced their saluation then by Monastique retirings of which publique care and preseruing those which were committed to their charge and preferring them before their owne happinesseâ— Moses and St. Paul were couragious examples Though I say they spent all their time vpon their owne future happinesse and so making themselues almost Clergy men and doing their duties gaue the Clergie men way and opportunity to enter vpon their office and deale with matter of State And though some oâ—her of our kings oppressed with temporall and personall necessities haue seemed to diminish themselues by accepting conditions at the Popes hands or of his Legates And some others out of their wisedome auoiding dangers of raw and immature innouâ—tions haue digested some indignities and vsurpations and by the examples of some kingdomes about them haue continued that forme of Church Gouernment which they could not resist without tumult at home and scandall abroadâ— yet all this extinguished no part of their Souerainty which Souerainty without all question they had before the other entred into the kingdome intirely and Souerainty can neither be deuested nor deuided 21 As therefore Saint Paul suffered Circumcision as long as toleration thereof aduanced the propagation and growth of the Church when a seuere and rigid inhibition thereof would haue auerted many tender and scrupulous consciences which could not so instantly passe from a commandement of a necessity in taking Circumcision to a necessity in leauing it But when as certaine men came downe and taught that circumcision was necessary to saluation and so ouerthrewe the whole Gospell because the necessity of both could not consist together then Circumcision was vtterly abolished So as long as the Romane Religion though it were corrupted with many sicknesses was not in this point become so infectious and contagious as that it would vtterly destroy and abolish the Souerainâ—y of Princes the kings of England succourd relieued and cherished it and attended an opportunity when God would enable them to medecine and recouer her but to be so indulgent to her now is impossible to them because as euery thing is iealous of his owne being so are kings most oâ— any and kings can haue no assurance of being so if they admit professors of that Religion which teache that the Pope may at any time Depose them
and come backe or did the Priests find such spirituall comfort in transgressing this Law that they offred to goe out 21 And in all our differences which fell out in this Kingdome betweene our Kings and the Popes when so many capitall Lawes were made against Prouisions and Appeales not to dispute yet wheâ—her de Iure or de facto only or whether by way oâ— Introduction or Declaration doe you finde that the Catholiques then vsed the benefite of those lawes to the procurement of Martyrdome or hath the blood of any men executed by those lawes died your Martyrologes with any Rubriques And yet those times were apt enough to countenance any defender of Ecclesiastique immunity though with diminution of Ciuill and Secular Magistracie as appeares by their celebrating of Becket yeâ— I find not that they affoorded the title of Martyre to any against whom the State proceeded by the Ordinary way and course of law 22 Why therefore shall not the French and Italian and olde English lawes giue occasion of Martyrdome in the same cases as these new lawes shall At least why should Campian and those which were executed before these new statutes be any better Martyres then they since they were as good Catholiques as these and offended the common law of England in the same point as these But if the Breach and violating of the later statutes be the onely or liueliest cause of Martyrdome then of Parsons who euery day of his life doth some act to the breaking thereoâ— it is verie properly said by one of his owne sect That hee is per totam vitam martyr 23 And this may suffice to remember you that you intrude into this emploiment and are not sent and that our Lawes ought to worke vpon your Oath of returning to the annihilation thereof because both the necessitâ—e of the making and continuing â—hereof and the precedents of our owne and other Catholicke Kingdomes giue vs warrant to make seditious Doctrine Treason and your owne Canons and Iâ—dicaâ—â—re giue vs example and if we needed it Authoritie to proceede in that maner CHAP. VI. A comparison of the Obedâ—â—nce due to Princes with the seuerall obediences requir'd and exhibited in the Romane Church First of that blind Obedience and stupiditie which Regular men vowâ— to their Superiours Secondly of thâ—t vsurpeâ— Obedience to which they pretend by reason of our Baptisme wherein we ar said to haue made an implicite surrender of our selues and all that we haue to the Church And thirdly of that Obedience which the Iesuits by a fourth Supernumeraâ—ie vowe make to be dispos'd at the Popes absolute will THere hath not beene a busier disquisition nor subiect to more perplexitie then to finde out the first originall roote and Source which they call Primogenium subiectum that may be so capable of Power and Iurisdiction and so inuested with it immediately from God that it can transferre and propagate it or let it passe and naturally deriâ—e it-selfe into those formes of Gouernement by which mankind is continued and preserued For at the resolution of this all Quâ—stions of Subiection attend their dispatch And because the Clergie of the Roman Church hath with so much fierce earnestnesse and apparance of probablenesse pursued this Assertion That that Monarchall forme and that Hierarchie which they haue was instituted immediately from God Many wise and iealous Aduocates of Secular Authoritie fearing least otherwise they should diminish that Dignitie and so preuaricate and betray the cause haue said the same of Regall power and Iurisdiction And euen in the Romane Church a great Doctor of eminent reputation there agrees as he sayes Cum omnibus sapientibus That this Regall Iurisdiction and Monarchie which word is so odious and detestable to Baronius proceedes from God and by Diuine and naturall Law and not from the State or altogether from man And as we haue it in Euidence â—o we haue it in Confession from them that God â—ath as immediately created some Kings as any Priests And Cassanaeus thinkes this is the highest Secular Authoritie that euer God induced For he denies That old or new Testament haue any mention of Emperour 2 But to mine vnderstanding we iniure and endanger this cause more if wee confesse that that Hierarchie is so Immediately from God as they obtrude it then we get by offering to drawe Regall power within the same Priuiledge I had rather thus farre abstaine from saying so of either that I would pronounce no farther therein then this That God hath Immediately imprinted in mans Nature and Reason to be subiect to a power immediately infus'd from him and that hee hath enlightned our Nature and Reason to digest and prepare such a forme as may bee aptest to doe those things for which that Power is infus'd which are to conserue vs in Peace and in Religion And that since the establishing of the Christian Church he hath testified abundantly that Regall Authoritie by subordination of Bishops is that best and fittest way to those ends 3 So that that which a Iesuite said of the Pope That the Election doth onely present him to God wee say also of a King That whatsoeuer it be that prepares him and makes his Person capable of Regall Iurisdiction that onely presents him to God who then inanimates him with this Supremacy immediately from himselfe according to a secret and tacite couenant which he hath made with mankinde That when they out of rectified Reason which is the Law of Nature haue begot such a forme of Gouernement he will infuse this Soule of power into it 4 The way therefore to finde what Obedience is due to a King is not to seeke out how they which are presum'd to haue transferr'd this power into him had their Authoritie and how much they gaue and how much they retain'd For in this Discouerie none of them euer went farther then to Families In which they say Parents and Masters had Iurisdiction ouer Children and Seruants and these Families concurr'd to the making of Townes and transâ—err'd their power into some Gouernour ouer them all 5 But besides that this will not hold because such Sauadges as neuer rais'd Families or such men as an ouerburdned kingdom should by lot throw out which were peeces of diuers families must haue also a power to frame a forme of Gouernement wheresoeuer they shall reside which could not bee if the onely roote of Iurisdiction were in parents masters This also will infirme and ouerthrow that Assertion that if parents and masters had not this supreme Soueraignty which is requisite in Kings they could not transferre it into Kings and so Kings haue it not from them And if they were Soueraignes they cold not transfer it â—or no Soueraigne can deuest himselfe of his Supremacie 6 Regall authority is not therefore deriued from men so as at that certaine men haue lighted a King at their Candle or transferr'd certaine Degrees of Iurisdiction into him and therefore it is a cloudie and
Canons were receaued before which euer had anie strength here hath disused them pronounced against so many of them as can fall within this question that is Such as bee derogatorie to the Crowne For if these lawes bee not borne aliue but haue their quickning by others acceptation the same power that giues them life may by desertion withdraw their strength and leaue them inualid 33 And thus much seemed needfull to be said in the first part of this chapter that you might see how putrid and corrupt a thing it is which is offered to you vnder the reuerend name of Canons And that though this Cannon law be declined and extenuated when we vrge it yet euery Sentence thereof is equall'd to Diuine Scripture and produced as a definition of the Church when it may worke their ends vpon your consciences which for diuers reasons issuing out of their owne rules should now be deliuered from that yoake THE SECOND PART FOr the second place in this Chapter I reserued the consideration and suruay of those Canons which are Ordinarily vsurped for defence of this temporall Iurisdiction In which my purpose is not to amasse all those Canons which incline toward that point of which condition those which exexempt the Clergy from secular Iurisdiction and very many other are but onely such as belong more directly to this point to which the Oath stretches That is whether the Pope may depose a Soueraine Prince and so we shall discern whether your consciences may so safely relie vpon any resolution to be had out of the Canons that you may incurre the dangers of the law for refusall thereof 2 Of which Canons though I will preâ—ermit none which I haue found to haue beene vrged in any of their Authours I will first present those Fower which are alwaies produced with much confidence and triumph Though one Catholique Author which might be aliue at the making of the Clementines for he liued and flourished about 1350 and Clement the fift died not much before 1320. haue drawen these foure Canons into iust suspition for thus he saies of them The Pastors of the Church putting their Hooke into another mans Haruest haue made foure Decretals which God knowes whether they be iust or no But I doe not beleeue yet I recall it if it be erroneous that any of them is agreeable to Law but I rather beleeue that they were put forth against the libertie of the empire 3 The fiâ—st is a letter of Innocent the third who was Pope about 1199. to the Duke of Caringia the occasion of which Letter was this Henry the son of Frederic the first of the house of Sueuia succeeding his Father in the Empire had obtained of the Princes of Germany to whom the Election belonged to chuse as Successoâ— to him his sonne Henry but hee being too young to gouerneâ— when his father died they tooke thereby occasion though against their Oath to leaue him being also dâ—sirous â—o change the stocke and chuse an Emperour of some other race By this meanes was Duke Berâ—holdus by some of the Prâ—nces elected but resign'd againe to Philip brother to the dead Emperour in whom the greatest number consented But some of the other Princes had called home out of England Otho of the house of Saxony and elected him Here upon arose such a schisme as rent that country into very many parts And then Innocent the third an actiue and busie Pope for it was he which so much infested our King Iohn sent his Legate into those parts vpon pretence of composing those differences And being in displeasure with the house of Sueuia for the Kingdome of Sicily which was in their possession but pretended to by the Church his Legate disallowed the election of Philip and confirmed Otho But some of the Princes ill satisfied with the Legates proceeding herein complained thereof to the Pope in aunswere whereof the Pope writes to one of them this Letter In which handling his Right of confirming the elected Emperor though he speake diuers things derogatorie to the dignity of Princes discoursiuely and occasionally yet is not this letter such a Decree as being pronounced Cathedrally in a matter of faith after due consultation should binde posteritie but onely a direction to that person how he ought to behaue himselfe in that businesse 4 The Letter may be thus abridged VVe acknowledge the right of the Election to be in the Princes especially because they haue it from the Apostolicke Sea which transferred the Empire vnto them But because we must consecrate the Person elected we must also examine his fitnesse Our Legate therefore did no Acte concerning the Election but the person elected Wee therefore repute OTHO Emperour For if the Electors would neuer agree should the Apostolicke Sea alwayes be without a defender We haue therfore thought it fit to warâ—e the Princes to adhere to him For there are notorious impediments against the other as publicke Excommunication persecuting the Church and manifest periurie Therefore wee commaund you to depart from him notwithstanding any Oath made to him as Emperour 5 And is there any matter of Faith in this Decretall Or any part thereof Is it not all grounded vpon matter of fact which is the Translation oâ— the Empire which is yet vnder disputationâ— Doe not many Catholicke writers denie the verie act of Transferring by the Pope And saye That the people being now abandoned and forsaken by the Easterne Emperours had by the law of Naâ—ure and Nations a power in themselues to choose a King And doe not those which are more liberall in confessing the Translation denie that the Popes Consecration or Coronation or Vnction inâ—uses any power into the Emperor or works any fartâ—er then wâ—en a Bishop doeth the same ceremonies to a King Is it not iustly said that iâ— the Emperour must stay for his Authoritie till the Pope doe these acts he is in worse condiâ—ion by this increase of his Dominions then he was before For before he was Emperour and had a little of Italy added to him there was no doubâ— but that he had full iurisdiction in his owne Dominions before these Ceremonies and now hee must stay for them 6 And may not the Popes question in this leâ—ter be well retorted thus If the Pope will not crowne the Emperour at all shall the Empire euer lacke a head For the Pope may well be presumed to be slacke in that office because he pretends to be Emperour during the vacancie But besides that an ouer earnest maintaining of this that the Emperour had no iurisdiction in Italy before these Ceremonies would diminish and mutilate the patrimonie of the Church of which a great part was confeâ—red and giuen by Pipin beâ—ore any of these ceremonies were giuen bâ— the pope the glosser vpon the Clementines is liquid round in this point when he sayes That these ceremonies and the taking of an Oath are nothing and that now Resipiscente mundo the world being
of Spaine which they call so super-eminently Catholicke and of whose King the Cardinall which writes against Baronius saies that he is the only Prince who bends all the sinewes of his power and all the thoughts of his minde not only to oppresse barbarous enemies of Christianity but to containe christian Kings in their duetie This Kingdome I say hath by all meanes which it can expressed how weary it is of that iurisdiction which the Pope exerciseth there in these points which we complaine of though the Popes haue euer beene most readie to recompence these temporall detriments to those kings as the Donations of the Indyes and of the Kingdome of Nauarre and of England testifie at full 9 And yet if we consider what all sorts of persons in that Nation haue done against this temporall power wee cannot doubt but that they trauaile of the same childe which our Kingdome and diuers others haue brought forth which is their libertie from this weakning and impouerishing thraldome For first for Booke-men and Writers a great Idolatrer of this temporall Iurisdiction in the Pope Confesses That many of the principall Authours of the Spanish nation concurre in this opinion that these exemptions and immunities of the Clergie so much debated are not Iuris diuini And it is easie to obserue what the Collection and resultanse vpon this conclusion will be Since if they bee enioyd by the fauour of Princes though a conueniencie and a kind of right grounded in the law of nature haue moued Princes to graunt themâ— yet all graunts of Princes are mortall and haue a naturall frailtie in them and vpoâ— iust cause are subiect to Reuocation 10 And for the Sword-men by that hostile Act vpon Rome it-selfe by Charles Bourbon which was done at least by the conniuencie of Charles the fift and by that preparation made against the same place by the expresse commaundement of Philip the second vnder the Duke of Aluaes conduct and by many other associations and Leagues against the Pope It appeares how iealous and watchfull they are vpon this Temporall iurisdiction and how they oppose themselues against any farther groweth thereof For whâ—n in the differences about the Kingdome of Portugall the Pope made offers to Phâ—lip the second to interpose himselfe for the setling of all pretences to that Crowne the King though with sweete and dilatorie answers refusd that offer because sayes the Author of that Storie he would not by this example acknowledge him to be the Iudge of Kingdomes And after this when the King had proceeded farther therein and Antonie was proclaimed and that a Legate came into Spaine and offred there in the name of the Pope to be a Iudge betweene all pretenders though Philip did not doubt the Legates inclination to his part because he came into his Countrey to make the offer and though he had more vse of such a seruice then then before yet he abstaind from vsing him therein because hee thought that the Pope vnder colour of doing the Office of a common father went about to make himselfe absolute Iudge of Kingdomes and besides the extraordinarie Authority which he endeuoured to draw to his Sea would oblige the Kings of Spaine to his house as the same Author expresses that Kings iealousies 11 And for the politique gouernement of that State euen in that Kingdome which they pretend to hold of the Church which is Sicily they exercise a stronger Iurisdiction and more derogatorie to the Pope then this which our King claimes And though Parsonsâ— who is no longer a subiect and Sonne of the Church of Rome then as that Church is an enemy to England for in the differences betweene her and Spaine he abandons â—er aâ—erre in one place that this iurisdiction is by Indult Dispensation from the Pope yet a more credible man then he and a natiue Subiect to the King of Spaine hath vtterly annuld and destroyed that opinion that any graunt or permission of the Popes hath enabled the Kings of Spaine to that Authoritie which they exercise there And he hath not onely told his brother Cardinall Columna that the matter it-selfe Is a point of the Catholicke faith but in his Epistle to King Philip the third hee extols and magnifies that Booke in which he had deliuered that Doctrine so authentically as if he meant to draw it into the Canon of the Scriptures for do these words import any lesse The Booke issued froÌ„ the very Chaire of S. Peter by the commandement of S. Peter and is confirmed by S. Peter and shal without doubt endure for euer And he addes this Commination speaking to the King Let them which resist these writings take heede least they stumble In hanc Petram and least they bee vtterly trode in pieces Ab ipsa ab alto ruente Petra But of Baronius his detestation of Monarchie and ill behauiour towards all Kings as well as his owne Soueraigne I haue another occasion to speake All which I purpose to euict here was that if Parsons haue spoken so heretically in saying that this is done by vertue of the Popes Indult that remaines true which I said before that that Kingdome of Spaine endeuours by all wayes it can to redeeme it-selfe from these vsurpationâ— and re-inuest it-selfe in her originall Supremacie 12 For as in one of the Greeke States when Nycippus sheepe brought forth a Lyon it was iustly concluded that that pâ—rtended a Tyrannie and change of the State from a peaceable to a bloody Gouernement so since the Spirituall principalitie hath produced a Temporall since this mild and Apostolique sheepe hath brought forth this Lyon which seekes whom hee may deuour as by his first Iurisdiction he would make in this Kingdome a spirituall shambles of your soules by corrupt Doctrines so by the latter he labours to make a Temporall shambles and market of your bodies by selling you for nothing and thrusting you vpon the Ciuill sword which it is a sinne to sheath when the Law commaunds to draw it in so dangerous cases of polluting the Land And though it be pretended by you and for you that the Popes haue laide both a spirituall and temporall Obligation vpon you Because besides their care for instructing your soules they haue also with some charge erected and endowed some Colledges for your Temporall sustentation who come into those parts yet as the wisemen of Persia being set to obserue the first actions of their new King Ochus when they marked that be reachd out his hand at the Table to Bread and to a Knife presumd by that that his time would be plentifull and bloody and faild not in their coniecture So since the Pope reaches out to you with his small Collegiate pittance the Doctrine of the materiall and temporall sword howsoeuer hee may seeme to relieue your miserie and penurie which you drawe vpon your selues yet it is accompanied with the presage of much blood since either his purposes must
be confer'd and that no woman after a second marriage might be Diaconissa which was to make a law of Bigamy 17 Yea they commanded and instructed in matter of Faith for so Iustinian saies of himselfe we are forward to teach what is the right â—aith of Christians and we Anathematize Apollinarius So also Honorius and Theodosius inflict the punishment of death vpon any Catholique Minister for then neither that name was abhorred by Priests nor they exempt from criminall lawes which shold re-baptize any man and yet this was a meere spirituall offence And so Valentinian and his Co-emperours pronounce marriage betweene Iewes and Christians to be adultery And Iustinian interprets how a Testator shall bee vnderstood when he appoints Christ or an Angell or a Saint to be his heyre 18 Nor deale they onely with temporall punishments vpon Ecclesiastâ—que persons which is farder then is affoorded them now but they inflict also spirituall censures for Gratian and his Co-emperours pronounce against Heretiques that is Impugners of the Nicene councell That they shall be vtterly secluded from the threshold of the Church And in the next law which is against Nestorians they say If the offenders be Laymen Anathematizentur if Clergie men Eijciantur ab Ecclesijs And another of their lawes doth not only inflict temporal ignominious punishmeÌ„t vpon Clergy men but Ecclesiastique censures also in these words If a Clergy man be guilty of fals witnes in a pecuniary causeâ— let him be suspended three yeares and in a criminall let him be depriued And another susspends for three yeares euen Sanctissimos venerabiles Episcopos if they doe but looke vpon players at Tables and that law authorizes him vnder whose power that offender is if he appeare penitent to abbreuiate his punishment and of Bishoppes which will not forsake women it pronounces thus Abiiciantur Episcopatibus And in the matter of establishing and ordering Sanctuaries one of the writers of the Romane parte hath presented ciuill constitutions enow to teach vs that that was within the care and Iurisdiction of secular Princes 19 And when an Emperour had created a Bishop of Antioch contrary to the forme prescrib'd in the Nicene Councell of an intire obseruation whereof the christian Church was extremly zealous the Pope proceedes not by anullings and vociferations but writes thus to the Emperour We may not dissallow that which you haue done holily and religiously out of a loue to peace and quietnes by which we see that Canons of Councels though they were Directions yet they were not Obligations vpon Princes for their gouernement By all which it appeares that those Christian and Orthodoxe Emperors iustifying their inherent right by these frequent and vn-interrupted matters of fact apprehended not this vast and incomprehensible distance betweene secular and ecclesiastique power but that they were compatible enough and conduced and concurred to one perfection and harmony of the whole state 20 And it is related by an Author of great estimation in the Romane profession that Gregory the seuenth was author of a new scisme diuiding and tearing priesthood and principality And it is euident that Bertram a priest vnder Carolus Caluus almost eight hundred yeares since writing of that Diuine and abstruse mysterie De corpore Domini submits his opinion to the iudgement of the King and his Counsaile as competent Iudges of that question and Cochlaeus saith that Luthers doctrine was condemned for hereticall by an edict of the Emperours with the common assent of the Princes and the States And the holy Ghost had well intimated the concurrence of their two powers in Deuter. if those wordes which are in the Text Nolens obedire sacerdotis Imperio Decreto Iudici moriatur were not chaunged by the vulgate edition into Ex Decreto and thereby only the priest made Iudge of the controuersies and the Magistrate onely executioner of his Sentences 21 For certainely these two functions are not in their nature so distinct and Diametrically oppoâ—ed but that they may meete in one matter yea sometimes in one man and one man may doe both for amongst the Gentiles it was so for the most part and sometimes amongst the Israelites And in late times Maximilian the first a Catholique Emperour thought it belonged to the Empire to haue also the Papacy vnited to it and therfore when Iulius the second lay desperately sicke he endeuoured to bring to execution that which he had often meditated and consulâ—ed and receiued as approued from some great persons of dignity in that Church which was to bee elected Pope in the next Conclaue and to restore the Papacy as he thought or pretended to the Emperiall Crowne 22 And if a Lay-man be elected Pope he need not presently be made Priest but he may if hee will stay in Subdiaconatu And to that degree they seeme to admit the Emperour when he comes to be crowned at Rome for at the Communion he administers to the Pope in the place of Subdeacon And this in the Primitiue Church was not as themselues confesse Ordo Sacer though of late it be growne to be such a perplexed case whether it were or no that of those commissioners which two Popes made to suruay the Decretals one company expunged the other re-assumed one place in that book which denies this to haue beene amongst holy Orders 23 The Emperour also puts on a Surplis and is admitted as a Canonick not only of Saint Peters Church but of Saint Iohn Laterane to which particular Churches of which the Pope is Parson as he is Bishoppe of Rome Metropolitane of Italy patriarch of the West and pope of the world all those blessings and priuiledges which are ordinarily spoken of the Catholique Church are said by some to bee irremoueably annexed and appropriate hereupon some of their owne lawyers say That all kings are clergie men and that therefore it is sacriledge â—o dispute of the authority of a King 24 But howsoeuer these two functions since the establing of Christianity haue for the most part beene preserued distinct and ought so to be yet they are at most but so distinct as our Body and Soule and though our Soule can contemplate God of herself yet she can produce no exterior act without the body Nothing in the world is more spirituall and delicate and tender then the conscience of a man yet by good consent of Diuines otherwise diuersly perswaded in Religion the ciuill lawes of Princes doe binde our consciences and shall the persons of any men or their temporal goods be thought to be of so sublimed and spirituall a nature that the ciuill constitutions of Princes cannot worke vpon them Nor doe we therfore decline the comparison so much vrged by the Romanes that the Clergie exceede the Laiety as much as the body the soule when it is so conditioned and qualified as the authors thereof intended it
That is that the seales and instruments of Gods grace the Sacraments are in the dispensing of the Clergy as temporall blessings are in the Prince and his lawes strictly and properly though concurrently both in both for the execution of the most spirituall function of the priest as it is circumstanced with time and place and such is ordinarily from the Prince â— But we are a litle affraid that by a literall and punctuall acceptation of this comparison we may giue way to that Supremacy which they affect ouer Princes because their Sepulueda saith That the soule doth exercise ouer the body Herile Imperium vt Dominus in seruumâ— and so by this insinuation should the pope doe ouer the prince 25 Howsoeuer in their first institution Popes were meere Soules and purely spirituall yet as the purest Soule becomes stain'd and corrupt with sinne assoone as it touches the body so haue they by entring into secular businesse contracted all the corruptions and deformities thereof and now transferre this originall disease into their successours And as in the second Nicene Councellâ— when the Bishop of Thessalonica aâ—err'd it to be the opinion of Basil Athanasius and Methodius and the Vniuersall Church that Angels and Soules were not meerely incorporeall but had bodiesâ— The Councell in a prudent conâ—iâ—encâ—e foâ—bore to oppose any thing against that asseueration because it facilitated their purpose then of making Pictures and representations of Spirits though Binius now vpon that place say his Assertion was false and iniurious to the Church So though in true Diuinitie the Pope is meerely spiritual yet to enable him to depose Princes they will inuest and organize him with bodily and secular Iurisdiction and auerre that all the Fathers and all the Catholicke Church were euer of that opinion For the Pope will not now be a meere Soule and Spirit but Spiritualis homo qui iudicat omnia a nemine iudicatur For so a late writer stiles him and by that place of Scripture enables him to depose Princes Noâ— will this serue but he must be also spiritâ—alis Princeps of which we shall hereafâ—er haue occasion to speake 26 And as a cunning Artificer can produce greater effects vpon matter conueniently dispos'd thereunto then nature could haue done as a Statuarie can make an Image which the Timber and the Axe could neuer haue efâ—ected without him And as the Magicians in Egypt could make liuing Creatures by applying and suggesting Passiue things to Actiue which would neuer haue met but by their mediation So after this Soule is entred into this Body this spirituall Iurisdiction into this temporall it produces such effects as neither powâ—r alone could worke nor they naturally would vnite and combine themselues to that end if they were not thus compressed and throng'd together like wind in a Caue Such are the thunders of vniust Excommunications and the great Earthquakes of transâ—erâ—ing Kingdomes 27 And these vsurpations of your Priests haue deseru'd that that stygmaticall note should still lâ—e vpon them which your Canons retaine That all euill proceedes from Priests For though Manriqe whom Sixtus the fift employ'd had remooued that glosse yet Faber to whom Gregorie the thirteenth committed the suruey of the Canons reâ—aines it still And if the Text be of better credit then the glosse the Text hath auerred Saint Hieromes words That searching ancient Histories he cannot find that any did rent the Churchâ— and seduce the people from the house of God but those which were placed by God as Priests and Prophets that is Ouerseeâ—s for these are turnd into winding Snares and lay scandals in euery place 28 Euen the Name of King presents vs an argument of pure and absolute and independant Authoriâ—ieâ— for it eâ—presses immediatly and radically his Office of gouerning wherâ—s the name of Bishop hath a metaphoricaâ—l and similitudinarie deriuation and being before Christianitie applied to Officers which had the ouerseeing of others but yet with relation to Superiours to whom they were to giue an account deuolu'd conueniently vpon such Prelates as had the ouerseeing of the inferiour Clergie but yet gaue them no acquitance and discharge of their dueties to the Prince 29 And God hath dignified many races of Kings with many markes and impressions of his power For by such an influence and infusion our kings cure a diâ—ease by touch and so doe the French Kings worke vpon the same infirmitie And it is said that the kings of Spaine cure all Daemoniaque and possessed persons And if it bee thought greater that the Pope cures spirituall Leprosies and lamenesses of sinne his Office therein is but accessorie and subsequent and after an Angel hath troubled our waters and put vs into the Poole that is after we are troubled and anguished for our sinnes and after we haue washed our selues often in the riuer Iordan in our teaâ—es and in our Sauiours blood vpon the Crosse and in the Sacrament then is his Office to distinguish betweene Leaper and Leaper and pronounce who is clensed which all his Priests could doe as well as he if he did not Monopolize our sinnes by reseruations 30 And this is as much as seemes to me needfull to bee said of their auiling Magistracy in respect of Priesthood for for vs priuate men it must content vs to be set one 〈◊〉 higher then dogges for so they say in their Missall cases that if any of the consecrated wine fall downe the Priest or his assistant ought to licke it vp but if they be not prepar'd any Lay-man may be admitted to licke it least the dogge should And of the comparison of these two great functionsâ— Principality and Priesthood I will say no more least the malignity of any mis-interpreter might throw these aspersions which I lay vppon persons vpon the Order And therefore since we haue sufficiently obserued how neare approaches to Priest hood the Christian Emperours haue iustly made and thereby seene the iniustice of the Romane Church in deiecting Princes so farre vnder it we will now descend to the second way by which they debase Princes and derogate from their authority 31 For it is not onely in comparisons with Priesthood that the Romane writers diminish secular dignity but simply and absolutely when they make the Title and Iurisdiction of a king so smoakie a thing that it must euaporate and vanish away by any lightning of the popes Breues or censures except they will all yeeld to build vp his Monarchy and make him heyre to euery kingdome as he pretends to be to the Empire for of that saith a Iesuite now there is no more controuersie And if the electors dissagree in their election then the election belongs to him And whether they agree or no this forme of Election is to continue but so long as the Church shall thinke it expedient And if he had such title to all the rest that Monarchie might in a vaster proportion extend
other fault intimated the dâ—minishing of the honour of that Church and participating with excommunicated persons 81 And now we may discend to the suruay of that letter which he writes to a Bishoppe who desired to haue something written by him wherby he might be help'd and arm'd against such as deâ—yed that by the authority of that Sea he could excommunicate that Prince or absolue his subiects First therefore he saies That there are manie and most certaine Documents in the Scriptures to that purpose of which hee cites 〈◊〉 which are ordinarily offered as Tu es Petrus and Tibi dabo Claues and Quodcunqe ligaueâ—is and then he askes Whether Kings be excepted But Kings are not excepted but this proceeding against Kings is excepted That is it is not included in that Commission as hath beene enough and enough proued by many 82 Then followes that tâ—stimony of Gelasius a Pope That Priest-hood is aboue Principality and that the Bishoppe of Rome is the chiefe Priest If wee allow both Testem Testimonium yet the câ—use is safe he may be â—boue all in some functions yet not in temporall 83 His next authority is Iulius another Pope who expounding the wordes Tibi dabo Claues to certaine Easterne Bishoâ—pes saies Shall not â—e that opens heauen iudge of the earth But this dooth as much destroy all Iudicature and all Magistracy as iustifie the deposing of â—ings 84 After this he cites though not as Gregories words are a priuiledge graunted by Gregory the fiâ—st to a Monasterie and depriuation from secular dignity and excommunications to any that in â—ringe that priuiledge And this priuiledge Bellarmine also produces to proue the Popes soueraignty in tempoâ—all matâ—ers It is the prâ—uiledge of the Monastery of S. Medard which is in Gregories Epistle and it is cyted by this other Gregory it makes deposition the lesser punishment and to precede excommunication for he sayes That Gregory though a milde Doctor did not onely depose but excommunicate the transgressors But both this Pope that cytes it deceiues vs by putting in the word Decreuit as though this had the solemnities of a Popes Decree which presumes an infallibility and Bellarmine deceiues vs by mutilating the sentence and ending at that word Honore priuetur for he that reads the whole sentence shall see that all this Decree of Deposition and Excommunication was no more then a comminatory imprecation to testifie earnestly the Founders affection to haue those priuiledges obserued and deterre men from violating thereof as the vehemence and insolent phrase of the Instrument do intimate by a bitternes vnvsuall in medicinall excommunications For all the curses due to Heretiques and all the torments which Iudas endures are imprecated vpon him it is subscribed not only by Gregory with 30. Bishops but by a King and a Queene no competent Iudges in this Gregories opinioÌ„ of faults punishable by excoÌ„munication 85 And the same Pope in erecting of an Hospitall and endowing it with some immunities vses the same language that the infringers thereof should loose all their power and honour and dignity and after be excoÌ„municate and yet this is neuer produced nor vnderstood to confirme his temporall soueraignty 86 The Donation of Constantine which was not much lesse then 300. yeare beâ—ore this end in like words If any man violate this Donation let him be eternally condemned let him finde Peter and Paul in this life and in the next his enemies and leâ— him perish with the Diuell and al the reprobate burning in Inferno inferiore And wil they from this argue in Constantine a power to open and shut hel gates And will they endanger al those Catholique authors to this eternall damnation which haue violated this Donation of Constantine by publique bookes 87 And â—uch a Commination as this of Gregâ—ry appeares in a Canon of the first Councell at Paris not long before his where it is threatned that whosoâ—uer shall â—eceiue a person suspended from the Communion himself shal be seperated A concordia fratrum and as we hope or trust shall sustaine the wrath of the eternall iudge for â—uer And not to insist long vpon examples of such imprecations about 160 yeare after Gregory Paulus 1. erecting a Monastery in his owne house maâ—es this Constitution If any of the Popes our successors or any mighty or Inferiour person of what dignity soeuer alien any of these things let him know that he is anathematiz'd by Christ and Peter and estrâ—nged from the Kingdome of God and that he shall giue an account thereof to the Saints in the day of iudgement For sayeth hee I desire the Iudge himselfe that hee will cast vppon them the wrath of his power that their life may bee laborious and mournefull and they may die consuming and may bee burnt eternally with Iudas in hell fire in voragine chaoâ— And that they that obserue this Constitution may enioy all blessednes at the right hand of God 88 And when in the behalfe of the Kings of Spaine the same argument is made for them that because there are many Diplomes extant in Sicily by which the Kings Anathematise inâ—ringâ—rs of their Constitutions that therefore they exeâ—cised Spirituall Iurisdiction Baronius saies that this argument is ridiculous because iâ— is hard to finde any instrument of Donations from Princes or from priuate men or from women in which these bitter formes of excommunication are not Which saies he do not containe any sentence of excommunication but Imprecations to deterre other as euery man was at libertie â—o doe when he made any such graunts So that Baronius hath laughed out of countenance this argument vpon Medardus priuiledge which hath beene so oâ—â—en and so solemnly offered and iterated And it appeares hereby that the punishments mentioned in these Constituâ—ions were not such as the makers thereoâ— could inflict but onely such as â—hey wished to fall vpon them that offended and such I doubt not was Gregories Imprecation in his successors interpretations that is that hee wished all Kings to be depriued 89 His next reason why Princes may be deposed by Priests is the diuersity of their Beginning and first Institutionâ— for as before he had said to another Bishop of the same place Regall Dignity was found out and inuented by humane pride but Priests were intituled by the Diuine pietie So here he repeates it with more contumely Who knowes not that Kings had their beginnings from those menâ— who being ignorant of God and prouoked by the prince of the world the Diuell through Pride Rapine Perfidiousnesse Murder and all wickednesse affected a gouernment ouer their equalls by a blind Ambition and intolerable presumption 90 Then he proceeds to the examples of Innocent who excomunicated Arcadius and of Zachary who deposed Childerique The first of which is not to the purpose Except Excommunication presume Deposing which Innocent intended not And the second hath beene abundantly and satisfactorily spoken to by very many
as mischeuous doctrine that the power of excommunication is got by prescription And so saies another great Patron of that greatnesse the Priests obeyed the Kings of Israel but contrarily our Priests doe prescribe ouer the temporall power And Sayr proceedes further and saies that though Panormitane be of opinion That one can prescribe in no more then that which he hath put in practise yet if hee haue so exercised any one act of Iurisdiction as excoÌ„munication is as that he had a will to doe all he prescribes in all And there is no doubt but that when Pius the fift excommunicated he had a good will to Depose also 99 From this also haue proceeded all those enormous deiections of Princes which they cast and deriue vpon al Kings when they speake them of the Emperour for though the later writers are broder with the Emperour and chose rather to exemply in him then in any other Soueraigne Prince vpon this aduantage that they can more easily proue a Supremacy ouer him by reason of the pretended translation of the Empire yet it is a slippery way and conueyance of that power ouer all other Princes since in common intendment and ordinary acceptation no man can be exempt from that to which the Emperour is subiect And of the Emperour they say That not onely he may be guilty of â—reason to the Pope but if a subiect of the Pope offend the Emperour the treason is done to the Pope Yea if it be the Emperours subiect and the iniury done to the Emperour yet this is treason to the Pope So that the Emperour doth but beare his person for in his presence hee must descend and in a Councell his â—eate must be no higher then the Popes footstoole nor any State he hunge ouer his head 100 And from hence also hath growne that Distinction Superstitious on one part Seditious on the other of Mediate and Immediate institution of the two powers for Ecclâ—siastique authority is not so immediate from God that he hath appointed any such certaine Hierarchy which may vpon no occasion suffer any alteration or interuption Nor is secular authority so mediate or dependant vpon men as that it may at any time be extinguished but must euer reside in some forme or other And Bellarmine himselfe confesses That as Aaron was made Priest ouer the Iewes and Peter ouer the Christian Church immediately from God so also some Kings haue beene made so immediately without humane election or any such concurrence So that Regal Digniâ—y hath had as great a dignification in this point from God as Sacerdotall and to neither hath God giuen any necessary obligation of perpetuall enduring in that certaine forme So that that which Bellarmine in another place sayes to be a speciall obseruation wee acknowledge to bee so which is That in the Pope are three things His place his person and the vnion of them the first is onely from Christ the second from those that elect him and the third from Christ by mediation of a humane act And as wee confesse all this in the Pope so hath he no reason to denie it to be also in kings he addes further That the Cardinals are truly said To create the Pope and to be the cause why such a man is Pope and why he hath that power but yet they doe not giue him that power as in generation a father is a cause of the vnion of the body and soule which yet is infused onely from God And in all this we agree with Bellarmine and we adde that all this is common to all supreame secular or Ecclesiastique Magistrates 101 And yet in Hereditary kings there is lesse concurrence or assistance of humane meanes then either in elected kings or in the Pope himselfe for in such secular states as are prouided by election without all controuersie the supreame power in euery vacancy resides in some subiect and inheres in some body which as a Bridge vnites the defunct and the succeeding Prince And how can this be denied to be in the Colledge of Cardinals If as one saies the dominion temporall be then in them and that they in such a vacancy may absolue any whom the Pope might absolue If therefore in all the cases reserued to himselfe as namely in deposing Princes and absoluing subiects he proceed not as he is Pope but as he is spiritual Prince as Bellarmine saies and wee shall haue occasion hereafter to examine If that Colledge may absolue subiects as he might this supreamacy and spirituall Principality resides in them and is transfer'd from them to the Successor 102 Certainely all power is from God And as if a companie of Sauages should consent and concurre to a ciuill maner of liuing Magistracie Superioritie would necessarily and naturally and Diuinely grow out of this consent for Magistracie and Superioritie is so naturall and so immediate from God that Adam was created a Magistrate and he deriu'd Magistracie by generation vpon the eldest Children and as the Schoolemen say if the world had continued in the first Innocency yet there should haue beene Magistracie And into what maner and forme soeuer they had digested and concocted this Magistracie yet the power it-selfe was Immediately from God So also if this Companie thus growen to a Common-wealth should receiue further light and passe through vnderstanding the Law written in all hearts and in the Booke of creatures and by relation of some instructers arriue to a sauing knowledge and Faith in our blessed Sauiours Passion they should also bee a Church and amongst themselues would arise vp lawfull Ministers for Ecclesiastique function though not deriued from any other mother Church though different from all the diuers Hierarchies established in other Churches and in this State both Authorities might bee truely said to bee from God To which purpose Aquinas sayes expressâ—ly and truely That Priesthood that is all Church function before the Law giuen by Moses was as it pleasd men and that by such determination of men it was euer deriued vpon the eldest Sonne And we haue also in the same point Bellarmines voice and confession That in that place of S. Paul to the Ephesians which is thought by many to be so pregnant for the proofe of a certaine Hierarchie The Apostle did not so delineate a certaine and constant Hierarchie but onely reckoned vp those gifts which Christ gaue diuersly for the building vp of the body of the Church 103 To conclude therefore this point of the distinction of Mediate and Immediate Authoritie a Councell of Paris vnder Gregorie the fourth and Lodouicke and Lotharius Emperours which were times and persons obnoxious enough to that Sea hath one expresse Chapter Quod Regnum non ab hominibus sed a Deo detur There it is said Let no King thinke that the Kingdome was preseru'd for him by his Progenitors but he must beleeue that it was giuen him by
muddie search to offer to trace to the first roote of Iurisdiction since it growes not in man For though wee may goe a steppe higher then they haue done which rest and determine in Families which is that in euery particular man considered alone there is found a double Iurisdiction of the soule ouer the body and of the reason ouer the appetite yet those will be but examples and illustrations not Rootes and Fountaines from which Regall power doth essentially proceede Sepulueda whom I cited before saies well to this purpose That the soule doth exercise Herile Imperium vpon the body and this can be no example to Kings who cannot animate and informe their Subiects as the soule doth the body But the power of our reason vpon our appetite is as he saies pertinently Regale Imperium and Kings rule subiects so as reason rules that 7 To that forme of Gouernement therof for which rectified reason which is Nature common to all wise men dooth iustly chuse as aptest â—o worke their end God instils such a power as we wish to be in that person and which wee beleeue to be infused by him and therefore obey it as a beame deriued from him without hauing departed with any thing from our selues 8 And as to the end of this power is alwaies one and the same To liue peaceably and religiously so is the power it self though it be diuersly complexioned and of different stature for that naturall light and reason which acknowledges a necessity of a Superiour that we may enioy peace and worshippe God did consent in the common wish and tacite praier to God and doth rest in the common faith and beliefe that God hath powred into that person all such authority as is needefull for that vse Therefore of what complexion soeuer the forme of gouernement be or of what stature soeuer it seeme yet the same authority is in euery Soueraigne State thus farre That there are no Ciuill men which out of rectified Reason haue prouided for their Peaceable and religious Tranquility but are subiect to this regall authority which is a pâ—â—er to vse all those meanes which conduce to those endes 9 For those diffrences which appeare to vs in the diuers â—ormes are noâ— in the essence of the Soueraignty which hath no degrees nor additions nor diminutions but they are onely in those instruments by which this Soueraignty is exercised which are ordinarily called Arcanâ— and Ragion di stâ—to as I noted beforeâ— and as the soule it selfe hath as good vnderstanding in an Idiote and as good a memory in a Lâ—thargique person as in the wisesâ— and liueliest man So hath this Soueraignty in â—â—â—ry state equall vigour though the Organes by which it workes be not in all alike disâ—osed And therefore the gouerneâ—eâ—t amongst the Iewes before Saâ—le was fully a Kingdoâ—e in this accepâ—ation nor did they attend any new addition to this power in their solicitation for a King but because they were a people accustomed to warre they wished such a Soueraigne as might lead their Armies which office their Priestes did not and they grudged that their enemies should be conduced by better persons then they were 10 And so though some ancient Greeke states which are called Regna Laconica because they were shortned and limited to certaine lawes and some States in our time seeme to haue Conditionall and Prouisionall Princes betweene whom and Subiects there are mutuall and reciprocall obligations which if one side breake they fall on the other yet that soueraignty which is a power to doe all things auaileable to the maine endâ—s resides somewhereâ— whichâ— if it be in the hands of one man erects and perfects that Pambasilia of which we speake 11 For God inanimates euery State with one power as euery man with one soule when therefore people concurre in the desire of such a King they cannot contract nor limitte his power no more then parents can condition with God or preclude or withdraw any facultie from that Soule which God hath infused into the boâ—dy which they prepared and presented to him For if such a company of Sauadges or men vvhom an ouerloaded kingdome â—ad auoided as vve spake off before should create a King and reserue to themselues a libertie to reuenge their owne wrongs vpon one another or to doe any act necessary to that end for which a King hath his authority this liberty were swallowed in their first acte and onely the creation of the King were the worke of rectified reason to which God had concurr'd and that reseruation a uoide and impotent act of their appetite 12 If then this giue vs light what and whence the Kings Iurisdiction is we may also discerne by this what our obedience must be for power and subiection are so Relatiue as since the King commaunds in all things conducing to our Peaceable and Religious being wee must obey in all those This therefore is our first Originary naturall and Congenite obedience to obey the Prince This belongs to vs as we are men and is no more changed in vs by being Christians then our Humanity is changed yet hath the Romane Church extolled and magnified three sorts of Obedience to the preiudice of this 13 The first is that which they call Caecam obedientiam which is an inconsiderate vndiscoursed and to vse their owne word an Indiscreete surrendring of themselues which professe any of the rules of Religion to the command of their Prelate and Superior by which like the vncleane beasts They swallow and neuer chaw the cudde But this obedience proceeding out of the will and electioâ— of them who applie themselues to that course of life cannot be of so great authority and obligations as the other which is naturall and borne in vs and therefore farther then it agrees with that it is not out of rectified reason 14 And though it seeme scarce worthy of any further discourse yet I cannot deny my selfe the recreation of suruaying some examples of this blinde and stupid obedience and false humility nor forbeare to shew that by their magnifying thereof and their illations thereupon not only the offices of mutuall society are vncharitably pretermitted but the obedience to Princes preiudic'd and maimed and the liuely and actiue and vigorous contemplation of God clouded and retarded 15 For when a distressed Passenger intreated a Monke to come forth and helpe his Oxe out of the Ditch was it a charitable answere to tell him That he had bin twentie years dead in his graue and could not now come forth Yet it may seeme excusable in them to neglect others if this obedience make them forget themselues as certaine youthes whom their Abbot sent with Figges to an Ermit loosing their way sterued in the Desart rather then they would eate the Figges which they were commanded to deliuer Is it likely that when Mucius a Monke at the commaund of his Abbot who bid him cast his crying sonne into the riuer and
how farre it extended Aquinas who vnderstood it well hath well express'd That they are bound to Obey only in those things which may belong to their Regular conuersation And this vse and office that obedience which is exhibited in our Colledges fulfils and â—atisfies without any of these vnnatural childish stupid mimique often scandalous and sometimes rebellâ—ous singulâ—rities 22 Any resolution which is but new borne in vs must bee abandon'd and forsaken when that obedience which is borne with vs is requir'd at our hands In expressing of which trueth Saint Bernard goes so exceeding farre as to say That Christ gaue ouer his purpose of Preaching at the increpation Mulieris vnius fabri pauperis And because his Mother chid him when shee found him in the Temple from twelue yeeres to thirtie we find not sayes hee That hee taught or wrought any thing though this abstinence were contrarie to his determination So earnest is that deuoute father to illustrate our Blessed Sauiours obedience to a iurisdicton which was Naturally Superiour to him And therefore this submission by our owne Election to another Superiour cannot derogate from the Prince nor infirme his Title to our Alleageance or obedience 23 Another obedience derogatorie to Princes they haue imagined connaturall and congenite with our Christianitie as this is with our Humanitie and conducing to our Wel-being and ouâ— euerlastingnesse as this doeth to our Being and temporall tranquilitie which is An obedience to the Romane Church and to him who must bee esteem'd certainely the Head thereof though sometimes he be no member thereof 24 Certainely the inestimable benefits which wee receiue from the Church who feedes vs with the Word and Sacraments deserues from vs an humble acknowledgement and obedient confidence in her yea it is spirituall Treason not to obey her And as in temporall Monarchies the light of nature instructs euery man generally what is Treason that is what violates or wounds or impeaches the Maiestie of the State and yet he submits himselfe willingly to the Declaration and Constitutions by which somethings are made to his vnderstanding Treason which by the generall light he apprehended not to be so dangerous before So in this case of spirituall Treason which is Heresie or Schisme though originarily and fundamentally the Scriptures of God informe vs what our subiection to the Church ought to be yet we are also willing to submit our selues to the lawes and decrees of the Catholique Church her selfe what obedience is due to her He therefore that can produce out of eyther of these Authentique sorts of Records Scripture or Church that is Text or Glosse any law by which it is made either High Treason Heresie not to beleeue that in my baptisme I haue implied a confession That the Bishop of Rome is so monarch of the Church that he may depose Princes or petit Treason that is Schisme to adhere to my naturall Soueraigne against a Bull of that Bishop shall drawe me into his mercy and I will aske Pardon where none is graunted at the Inquisition 25 Else it is most reasonable and that is euer most religious to relie vpon this That obedience to Princes is taught by Nature and affirm'd and illustrated by Scriptures If the question be how much this obedience must be I must say all till it be proued either that Peaceable and religious being be not all the ends for which we are placed in this world or that the authority of Kings exercised by the Kings of Israell and the Christian Emperours is not enough to performe these endes For to say that a King cannot prouide for meanes of saluation of soules because he cannot preach nor administer the Sacraments hath as much weakenesse as to say hee cannot prouide for the health of a City because he cannot giue physicke 26 Till then I shal be deterr'd from declining to this second obedience by the contemplation of many inconueniencies and impieties resulting from thence first by the vastnes of that Iurisdiction For since they haue taught vs to say so we may say Dominus non esset discretus vt cum reuerentia eius loquar if he had laid the cure of the whole Church and the iudgement of all matters emergent of fact and faith vpon one man which he hath done if Pesantius say true That the Pope is Iure Diuino directly Lord of all the World which booke is dedicated to the present Pope who by allowing it may iustly be thought to fauour that opinion 27 How much it is that they would entitle him to appeares by their expunction of a Sentence in Roselli a Catholique though a Lawyer That it is hereticall to say that the vniuersall temporall administration is or may be in the Pope vpon which booke mine eye fals often because you haue beene so lauish and prodigall in those expunctions that a man might well make a good Catechisme and an Orthodox Institution of Religion out of those places which you haue cast away And by this one place we see what you would haue For if the vniuersall administration of temporall matters be in the Pope what neede is there of Kings You would soone forget kings or remember them to their ruine and looke that kings should do to you as condemned men are said to haue done to the kings of Persia to thanke them that they were pleased to remember them And Azorius will not pardon their modesty that say that the Pope in dealing with temporall matterâ— vses but a spirituall power though this in effect worke as dangerously but he vseth saies he Absolutely and simply a temporall Iurisdiction 28 And what can impeach this Vniuersall Iurisdiction since al matter and subiect of Iurisdiction that is all men may by their Rules be vnder him by another way that is by entring into Religion for first Tannerus the Iesuit saies If Princes had their authority immediately from God yet the Pope might restraine that authority of theirs that it should fall onely vpon Lay-men For saies another He may take from the Emperour all his Iurisdiction therefore any part thereof And as many as will saies Bellarmine may without the consent of their Prince yea though he resist it thus deuest their Allegeance as they might resist their parents if they should hynder them 29 And in contemplation of this Vniuersall Iurisdiction which might be if it be not in the Pope the Iesuite whom we first named breakes out into this congratulation If at this instant all the Princes and all their subiects would enter into Religion and transferre all that they had into the Church would it not bee a most acceptable spectacle to God and Angels and Men Or as he saies before if their estates were so transferr'd to the Church though not their persons could not Ecclesiastique Princes rule and gouerne all these lay men as well as they doe some others already But because as hee doubts in that
the Sacraments which the king to whom as all the kingdome is his house so al the Clergy are chaplaines taâ—es care that they duly administer to vs which are his sonnes and â—eruants 37 Nor dooth the king and the Church direct vs to diuers ends one to Tranquility the other to Saluation but both concurre in both For wee cannot ordinarily be saued which seemes to be the function of the Clergy without the exercise of morall vertue here in this life nor can Christians do those morall vertues which seeme to bee the Princes businesse without faith and keeping the right way to saluation because a Christian must doe them Christianly 38 For though Theologall vertues Faith Hope and Charity are infus'd from God yet all religious worshippe of God is morall vertue As therefore the office of all Heathen Princes was to conserue their subiects in the practise of morall vertue so farre as it was reuealed to their vnderstanding So is it now the office of Christian Princes to doe the same For God hath now so farre enlightned vs to the vnderstanding of morall vertue that we see thereby that after God hath infused Faith wee make sure our saluation by a morall obedience to the kings Gouernement and to their Ministery whoÌ„ his prouidence appoints ouer vs for our instruction So that ChristiaÌ„ subiects need no higher power then kings are naturally indued and qualified withall to direct them to Saluation butâ— because morall vertue is now extended not in it selfe but â—o our vnderstandingâ— or peâ—chance perfited for the Fathers denie often that the Philosophers had any true morall vertues Christian kings must now prouide lawes which may reach as far in their dâ—rection as morall vertue reaches now and Ministers that may teach vs how farr that is and to conserue vs in the obseruation therof For as when all things are in such sort wel composed and establâ—shed and euery subordinate Wheele set in good order we are guilty of our owne damnation if wee obey not the Minister and the Minister is guilty of it if hee neglect to instruct vs so is the Prince guilty of our spirituall ruine and eternall perishing if hee doe not both prouide able men to giue vs spirituall foode and punish both their negligence and our transgressions So that hee is to account to GOD for our soules and therefoâ—e must haue naturall meanes to discharge that duety well or else could not be subiect to such a reckoning for his transgressions therein 39 The last Obedience which I intimated as preiudiciall to this of kings is that which the Iesuites vowe to the Pope which is not the same blind Obedience which I spoke of before for the Iesuits sweare that also to their Superiours before they come to the perfection of this But as that is blinde out of darkenesse so this is blinde out of dazeling For they must be instruments in matters of State and disposing kingdomes 40 When some Priests in England were examined what they would thinke of the Oath of Alleageance if the pope should pronounce that it were to be held De fide that hee might depose Princes they desired to be spared because they could not pronounce De futuris Contingentibus But these votaries the Iesuites are not so scrupulous They can resolue to execute whatsoeuer he shall commaund perchance they thinke the Pope so much God for Iesuites must exceede in euerything that in him as in GOD there can bee no Contingency And therefore vowing their trauell and labour to the corrupting and aliening of subiects to the combustion or translation of Kingdomes to the auiling and eradication of Princes they do not vow De futuris Contingentibus but of things euer constantly resolued in the Decree and Counsell and purpose of the Bishop of Rome 41 Though therefore Mat. Tortus be no Iesuite himselfe yet in respect of his Master who was one I wonder he durst say That the Iesuites made no other vow of obedience to the Pope then other religious Orders did which is such an excuse in their behalf as no accusation could offend them so much since their ambition is to serue the Pope by a neerer Obligation then the rest which appeares euidently enough in the Bul of Paul the third where this fourth vow is repeated 42 And is it not a stange precipitation to vow their helpe to all his errours of which they confesse he may commit many in matter of Fact by mis-information So that they sweare to execute that which they are not bound to beleeue to be well commaunded yea they are not bound to beleeue that he which commaunds them is that person whose commaundements by their vow they aâ—e bound to doe and yet they must do them For though they bee bound to obey the Pope Yet they are bound to beleeue that Paul the fift is Pope because those Elections haue many vitiating circumâ—tances which annuls them For if they could be certaine that the Election were free from all other corruptions yet that Decretall in the Septimes of Simoniacall Election must of necessitie keepe all indifferent men in continuall anxietie and perplexitie For if any thing by any Cardinall were giuen or promis'd before though the Election be by way of Assumtion and Adoration when all concurre in it which they call Viam spiritus Sancti and therefore not subiect to errour Yet there is a Nullitie in this Election and the holy Ghosts confirmation workes nothing vpon it And the Person elected hath neither spirituall nor temporall Iurisdiction but looses all the dignities which he had before and becomes incapable euer after And no subsequent Actâ— of Inthroning Oathes of Obedience by the Cardinalls nor possession though of long time can make it good And euen those Cardinals which were parties to the Simony may at any time after depart froÌ„ his obedience all the rest of the Cardinals which do not forfeit their dignities 43 It is scarce possible to bee hoped that in Elections there should be no degrees of that corruption which this Decree labors to preclude which it takes knowledg to be so clandestine and secretly caried that comming to the point of annulling all those promises which were so madeâ— your Law expresses it thus Cum quauis Inexcogitabili solennitate formà iurata And if euer it should breake forth that any such thing were committed at Paul the fift his Election then hee was neuer Pope Which though percâ—ance it will not make voide all his Acts for some ciuill and conuenient reasons doth yet show the iniustice and indiscretion of such a vowe as binds the Votarie to doe some acts which were not lawfull for him to doe except an assured Authoritie of the commander did warrant it 44 And if that measure which Aquinas gaue before of Blind obedience must also serue in this which is That they must obey in all things which belong to their Regular conuersations that is In all things to which their Rule and Vowe
morall certitude that it were sinne in them who are vnder the obedience of that Church not to obey the iust Decrees of the present Pope or quarrell at his Electionâ— The Councell of Constance as another Iesuite vrges it hath decreed that this iust feare of which we speake Doth make voide any such Election of the Pope And that If after the Cardinals are deliuered of that feare which possessed them at the Election they then ratifie and confirme that Pope yet he is no Pope but the Election voide So farre doeth this iust feare which cannot be denied to bee in your case extend and vpon so solemne and solid Acts and Decrees is it able to worke and prouide vs a iust excuse for transgressing thereof And in a matter little different from our case Azorius giues the resolution That if an hereticall Prince commaunds his Catholicke Subiectes to goe to Church vpon paine of death or losse of goods if hee doe this onely because he will haue his Lawes obeyed and not to make it Symbolum Hereticae prauitatis nor haue a purpose to discerne therby Catholickes from Hereticks they may obey it And the case in question fals directly and fully within the rule For this Oath is not offred as a Symbole or â—oken of our Religion nor to distinguish Papists from Protestants but onely for a Declaration and Preseruation of such as are well affected in Ciuill Obedience from others which either haue a rebellious and treacherous disposition already or may decline and sinke into iâ— if they bee not vphelde and arrested with such a helpe as an Oath to the contrary And therfore by all the former Rules of iust feare this last of Azorius though there were an euident prohibitory act against the taking of the Oath yet it might yea it ought to be takenâ— For agreeable to this Tolet cyteâ— Caietans opinion with allowance and commendations That the Declaration of the Church that subiects may not adhere to their King if he be excommunicated extends not to them if thereby they be brought into feare of their liues or losse of their goods For in Capitall matters saies your great Syndicator it is lawfull to redeeme the life per fas nefas which must not haue a wicked interpretation and therefore must be meant whether with or against any humane lawes which he speakes out of the strength and resultance of many lawes and Canons there alleadged And therfore it can neuer come to be matter of Faith that subiects may depart from their Prince if this iust feare may excuse vs from obeying as these Authors teach for that neuer deliuers vs in matters of so strong obligation as matter of Faith from which no feare can excuse our departing To conclude therefore this Chapter since later propositions either Adulterine or Suspicious cannot haue equall authority and credite with the first and radicall trueth much lesse blot out those certaine and euident Anticipations imprinted by nature and illustrated by Scriptures for ciuill obedience since the Rules of the Casuistsâ—or â—or electing opinions in cases of Doubt and perplexity are vncertaine and flexible to both sides since that Conscience which we must defend with our liues must be grounded vpon such things as wee may and doe not onely know but know how we know them since these iust feares of drawing scandall vpon the whole cause and afflictions vpon euery particular Refuser might excuse the transgression of a direct law which had all her formalities much more any opinions of Doctors or Canonists I hope we may now pronounce That it is the safest in both acceptations both of spirituall safety and Temporall and in both Tribunals as well of conscience as of ciuill Iustice to take the Oath CHAP. IX That the authority which is imagined to be in the Pope as he is spirituall Prince of the Monarchy of the Church cannot lay this Obligation vpon their Consciences first because the Doctrine it selfe is not certaine nor presented as matter of faith Secondly because the way by which it is conueyed to them is suspitious and dangerous being but by Cardinall Bellarmine who is various in himselfe and reproued by other Catholiques of equall dignity and estimation WEe may bee bold to say that there is much iniquity and many degrees of Tyranny in establishing so absolute and transcendent a spiritual Monarchy by them who abhorre Monarchy so much that though one of their greatest Doctors to the danger of all Kings say That the Pope might if hee thought it expedient constraine all Christians to create one temporall Monarch ouer all the world yet they allow no other Christian Monarchy vpon Earth so pure and absolute but that it must confesse some subiection and dependencie The contrarie to which Bellarmine saies is Hereticall And yet there is no Definition of the Church which should make it so And hereby they make Baptisme in respect of Soueraintie to bee no better then the bodie in respect of the soule For as the bodie by inhaerent corruption vitiates the pure and innocent soule so they accuse Baptisme to cast an Originall seruitude and frailtie vpon Soueraintie which hauing beene strong and able to doe all Kingly offices before contracts by this Baptisme a debilitie and imperfection and makes Kings which before had their Lieutenancie and Vicariate from God but Magistrates and Vicars to his Vicar and so makes their Patents the worse by renewing confirming 2 Nor doe they only denie Monarchie to Kings of the Earth but they change the state and forme of gouernment in heauen it selfe and ioyne in Commission with God some such persons as they are so farre from beeing sure that they are there that they are not sure that euer they were heere For their excuse that none of those inuocations which are vsed in that Church are so directly intended vpon the Saints but that they may haue a lawfull interpretation is not sufficient For words appointed for such vses must not only be so conditioned that they may haue a good sense but so that they may haue no ill So that to say That God hath reserued to himselfe the Court of Iustice but giuen to his Mother the Court of Mercie And that a desperate sicke person was cured by our Lady when he had no hope in Physitians nor much in God howsoeuer subtill men may distill out of them a wholesome sense yet vulgarly and ordinarily they beget a beliefe or at least a blinde practise derogatorie to the Maiestie and Monarchie of God 3 But for this spirituall Monarchie which they haue fansied I thinke that as some men haue imagined and produced into writing diuers Idaeas and so sought what a King a Generall an Oratour a Courtier should be So these men haue only Idaeated what a Pope would be For if he could come to a true and reall exercise of all that power which they attribute to him I doubt not but that Angell which hath so long serued
in the place of being the particular Assistant in the Conclaue for since they affoord a particular Tutelar Angell to euerie Colledge and Corporation And to the race of Flyes and of Fleas and of Ants since they allowe such an Angell to euery Infidell Kingdome yea to Antichrist yea to Hell it selfe it were verie vnequall to denie one to this place This Angell I say would be glad of the roome and become a Suiter to the holy Ghost to name him in the next Conclaue For he should not onely enlarge his Diocesse and haue all the lower world vnder him but hee shall haue those two principall Seraphins which euer attend the Pope Michael and Gabriel for that Gabriel is the second Victorellus produces two very equall witnesses The Romane Litanie and Tassoes Hierusalem And all the particular Angels of all spirituall Societies And because also as he saies he is Temporall Lord all the Archangels and Principalities which gouerne particular estates â—hall concur to his Guard and assistance 4 As Nero had an officer A voluptatibus So it seemes haue the Popes A titulis And flatterers haue alwaies a Complacencie and Delight in themselues if they can bestow a stile and Title vpon a great Prince because therein they think they contribute somthing to his greatnesse since Ceremonie is a maine part of Greatnesse and Title a great part of that And now they had obserued that all the chiefe Titles of the Pope had been attributed to others and were in their Naâ—ure and vse communicable For all the Apostles and all the Disciples of Christ are called Vicarij Christi And this name will not serue his turne if it were peculiar to himselfe For as his Victoria teaches vs This Vicariate doth not enable him to doe all thinges which are not expresly forbidden him as some doe thinke but onely such things as are expresly graunted vnto him and therefore his claime by that Title will be too strict And the name of Vniuersall Bishop was giuen to Cyprian when hee was stiled Totius orbis Praeses And in that sense it may iustly bee giuen For as a Physician or Chyrurgion which hath taken into his Cure any one part of a mans body either corrupted or in danger of being so may iustly be said to looke to and preserue the body of such a man So that Bishop which gouernes well one Church is therein a Bishop of the whole Church benefits the whole mystical body therof by reason of the strong relation indissoluble coÌ„nexion of all the parts with one another and to the head 5 And for that stile of Pontifex Maximus which either is not due to the Pope or else is so sublime and transcendant a name as Bellarmine could bring it within no Rule nor Predicament when hee makes vp the Canon of the Popes fifteene Titles by all and euery one of which hee sayes his Primacie is euidently collected They saw it giuen to Atâ—anaâ—ius in Ruffinus And the name of Pope was so communicated that not onely euery Bishop was called a Pope but Cyprian The Pope Quem Christiani suum Papam vocant In the estimation of which name they haue often fluctuated and waâ—uered For almost for nine hundred yeeres they affoorded it to all Then they restrain'd it to the Bishops of Rome to which purpose Biel vpon the Canon of the Masse cites diuers Canons though farre from the matter 6 And euer since the Reformation of the Church was couragiously begun and prosperously and blessedly prosecuted they hauing beene call'd Papists for their implicite relying vpon the Pope lest their owne Argument against vs That to bee denominate from any person is a marke of Heresie should be retorted vpon themselues they haue in all Dedications and publike Acts as much as they can forborne and declin'd that name Pope and still vsurped Summus Pontifex and Pontifex Maximus And yet being stil vrged and followed and hauing no escape but that the name of â—apists stickes to them and by their Rules imprints some markes of Heresie though Bellarmine a little ashamed of the name Papist say That onely the Lutherans and a few neighbour Countreyes call them so Yet that late Carmelite that hath defended Lypsius sayes confidently We are Papists we confesse it and we glory in that Name 7 And this name of Pope they are the rather content to take to him againeâ— because they thinke that we grudge him that name For so that Councellour of the Parliament of Burdeaux which in his Historie of the progresse and decay of Heresie hath taken occasion to speake of the affaires of England in which because no man should doubt of the trueth therof he proâ—esses to follow Sanders and Ribadeneâ—ra by whome a Morall man may as well be instructed for matter of Fact as a Christian might be by Arrius or Mahomet for his Faith sayes That Henrie the â—ight made it Felonie to call the holy Father Pope or to reade that name in any Booke and not to blot it out 8 Hauing therefore found such easinesse and flexibility in all olde Names they haue prouided him now of this name spirituall Prince in a larger sense then that great Prince whom they call Praeste-gian assumes it for that name signifies Apostolique and Christs Vicegerent in his owne kingdomes or then Christ himself euer assumed or the Holy Ghost by the Prophet Esay reckoning vp his most glorious titles euer attributed to him and yet in that place of Esay both his eternall Kingdome by his filiation and his euerlasting Kingdome of glory inchoated in his resurrection and his Kingdome of grace in our consciences are euidently to bee discerned For though there be mention oâ— Principality yet it is said Principatus super humerum eius which your Doctor expounds of carying the Crosse and that he shall be Princeps pacis which is Intrinsicall â—aies the same Expositor belonges to the Conscience But this Doctrine which must so settle and affirme a Catholique conscience that it must binde him to die and entitle him to Martyrdome hath no touch nor tincture of either of these Principalities of Patience or of Peace buâ— all therein is Anger and Warre not onely with that sword of two edges of the Word and Censures which is his but with two swords which now we shall see how he claimes 9 The Pope represents Christ to vs saies Bellarmine as he was whilst he liued amongst men nor can we attribute to the Pope any other office then Christ hadâ— as he was a mortall man And in tâ—is Capacitie saies he Christ neither had the execution nor the power of any temporall Kingdome And that therefore if the Pope as a King can take from any King the execution of his place he is greater then Christ and if he cannot then he hath no Regall power Thus hee disputes against those
which entitle the Pope to a Direct and Ordinary Iurisdiction ouer Prinâ—es 10 And the same reasons and groundes by which he destroies that opinion will destroy his which is That as Christ was so the Pope is spirituall prince ouer all men and that by vertue of that power he may dispose of all temporall things as hee shall iudge it expedient to his spirituall ends 11 For first against that opinion of Ordinarie Iurisdiction hee argues thus If it were so it would appeare out of the Scriptures or from the Tradition of the Apostles but in the Scriptures there is mention of the keyes of Heauen but none of the Kingdomes of the earth nor doe our Aduersaries offer any Apostolique Tradition Will not you then before you receiue too deepe impression of Bellarmines doctrine as to pay your liues for maintenance thereof tell him That if his opinion were true it would appeare in Scripture or Apostolique trâ—dition And shal poore and lame and â—lacke arguments coniecturally and vnnecessarily deduced from similitudes and comparisons and decency and conueniency binde your iudgements and your liues for reuerence of him who by his example counsels you to cal for better proof wil you so in obeying him disobey him swallow his conclusions yet accuse his fashioÌ„ of prouing them which you do if when he cals for scriptures against others you aâ—cept his positions for his sake without scriptures 12 Another of Bellarmines reasons against Ordinary Iurisdiction is That Regall authority was noâ— necessary nor of vse in Christ to worke his end but sâ—perfluous and vnprofitable And what greater vse or necessity can the Pope haue of this Extraordinarie authority which is a power to work the same effects though not by the same way then Christ had if his ends be the same which Christs were and it appeares that Christ neither had nor forsaw vse of either because he neither exercised nor instistuted either For that is not to the purpoâ—e which Bellarmine saies that Christ might haue exercised that power if he would since the Popes authority is grounded vpon Christs example and limited to that For Christ might haue done many thinges which the Pope cannot do as conuerting all the world at once instituting more sacraments and many such and therefore Bellarmine argued well before that it is enough for him to proue that Christ did not exercise Regall power nor declare himselfe to haue it which Declarion onely and practise must be drawen into Consequence and be the precedent for the Pope to follow 16 The light of which Argument that the Pope hath no power but such as Christ exercised hath brought so many of them to thinke it necessarie to proue That both Christ did exercise Regall autâ—ority in accepting Regall reuerence vpon Palme-Sunday and in his corrections in the temple And his iudgement in the womans case which was taken in Adulterie And that S. Peter vsed also the like power in condemning Ananias and Saphira and Simon Magus 14 In another place Bellarmine saies That S. Paul appealed to Caesar as to his Superiour Iudge not onely de facto but de Iure and that the Apostles were subiects to the Ethnique Emperours in all temporall causes and that the law of Christ depriues no man of his right which he had before And lately in his Recognitions he departs from this opinion and denies that he was his Iudge de Iure If his first opinion be true can these consist together that he which is subiect in temporal causes can at the same time and in the same causes be superiour Or that he ouer whom the Emperour had supreame temporall authority should haue authority ouer the Emperour in temporall causes and what is there in the second opinion that should induce so strong an Obligation vpon a conscience as to die for it Since the first was better grounded for for that he produâ—ed Scriptures and the second is deâ—titute of that helpe and without further searâ—h into it tels vs that neither the Doctrine nor the Doctor are constant enough to build a Marâ—yredome vpon 15 Thus also Bellarmine argues to our aduantage though he doe it to proue a necessity of this power in the Church that euery Common-wealth is sufficiently prouided in it selfe to attaine the end for which it is instituted And as we said before the end of a Christian Common-wealth is not onely Tranquility for that sometimes may be mainâ—ained by vnchristianly meanes but it is the practise of all morall vertue now explicated to vs and obserued by vs in the exercise of Christian Religion and therfore such a Common-wealth hath of it selfe all meanes necessary to those ends without new additions as a man consisting of bodie and soule if he come from Infidelity to the Christian Religion hath no new third essenâ—iall pâ—rt added to him to gouerne that body and soule but onely hath the same soule enlightned with a more expliciâ—e knowledge of her duety 16 Bâ—llarâ—ine also tels vs That in the Apostles time these two powers were seperated and â—o all the Temporall was in the Emperour as all the Ecclesiasticke in the Apostles and that Hierarchie By what way then and at what time came this Authoritie into them if it were once out For to say that it sprong out of Spirituall Authoritie when there was any vse of it were to say that that Authoritie at Christs institution had not all her perfections and maturity and to say that it is no other but the highest act and a kinde of prerogatiue of the spirituall power will not reach homeâ— For you must beleeue and die in this that the Pope as spirituall Prince may not onely dispose of temporall matters but that herein hee vses the temporall sword and temporall iurisdiction 17 But when Bellarmine saies That this supreme authority resides in the Pope yet not as he is Pope And that the Pope and none but he can â—epose Kings and transfer Kingdomes and yet not as Pope I proâ—esse that I know not how to speake thereof with so much earnestnesse as becomes a matter of so great waight For other Princes when they exercise their extraordinarie and Absolute power and prerogatiue and for the publique good put in practise sometimes some of those parts of their power which are spoken of in Samuel which to many men seeme to exceede Regall pâ—weâ— yet they professe to doe these things as they are Kings and not by any other authoritie then that 18 And if there be some things which the Pope cannot doe as Pope but as chiefe spirituall Prince this implies that there are other inferiour spirituall Princes which are Bishops for so Bellarmine saies That Bishops in their Diocesses are Ecclesiastique Princes And haue Bishops any such measure of this spirituall principality that they may do somthings by that which they cannot doe as they are Bishopsâ— 19 All Principalities maintaine their being by these two reward
punishment How lame then and vnperfect is this spirituall principality which can affoord but one halfe For it is onely then of vse when the Pope will punish and correct a King by Deposing him for all Rewards Indulgences in this life and in the next hee conferres and bestowes as hee is Pope and needes not this Title to doe any good which is in his power And for corrections and punishments all which we are sure he can lawfully doe which is to inflict Church censures vpon those who are vnder his spirituall obedience he doth as he is Pope and needes not this principalitie for that vse neither 20 But for irregular actions and such as occasion tumult and sedition he must be a spirituall Prince For sayes Bellarmine Though the Pope as he is president of a generall Councell and he is that as he is Pope ought to follow the greatest number of voyces in making Decreesâ— yet as he is chiefe Prince hee is not bound to doe so but may follow the lesser number And yet scarse constant to himselfe he sayes That this libertie belongs to the Pope because he hath the assistance of the holy Ghost Now the Pope as Pope hath the assistance of the holy Ghost for else his Determination in Caâ—hedra in matters of faith were not by his Ordinarie and Direct power and therefore as Pope hee may follow the fewer voyces in a Councell and as Pope or no way he may depose Princes 21 For as though they seeme to place more power or dignitie in Pontificatu then in Apostolatu because the Popes date their Rescripts from the time of their Election to their Coronation thus Anno Apostolatus primo c. and seale but with halfe the seale but after their Coronation they begin to call their gouernment Pontificatum yet all the authority which they haue is certainly in them from theirâ— Election because saies the glosse that conferres praesulatum so they haue fancied imagined a Principatum aboue all these yet certainly all the authoritie they haue is as they are Popes Which serued them to doe mischiefe enough before this title was inuented And to say that they haue authoritie as they are Popes to doe some acts as they are not Popes is such a darke and mistie and drowsie Doctrine as it is the fittest and most proportionall Martyrdome in this businesse for a man to dreame that he died for it 22 For it is strange that theâ—e men can discerne and distinguish in the same office betweene the Pope and a spirituall Prince when as Philip the last King of Spaine could not distinguish betweene the Person and the Office of the Popeâ— for being in so much forwardnesse that he had giuen the D. of Alua Order to besiege Rome because Paul the fourth had brought into Italy an Armie of French to infest the Kingdome of Naples and being solicited by the Venetians to desist from offending the Pope though hee aunswered That his preparations were not against the Pope but against Peter Caraffa his subiect and a Rebell yet when the Venetians replied that if he could seperate Caraffa from the Pope they would intercede no farther else they would giue the Pope their assistance the King saies a Catholique writer gaue ouer because he saw it impossible to distinguish them 23 And as the Doctrine it selâ—e is too inexplicable for any man to aduenture thereupon his liâ—e or such dangers as the lawe esteemes equiualent to this purpose which are all such damages as induce a iust feare So is the Channell and way by which it is deriued to vs so various and muddy as that also should retard any man from such a Preiudice and such an Anticipation of the resolution of the Church herein as it is to seale with life that which no man yet knowes how the Church will determine For in Bellarmine who hath got the reputaâ—ion to be the principall of tâ—is faction though I confesse he found the foundation of it and his best Arguments for it in our Countriman Sanders out of whom and Stapleton and a few more that Church hath receiued more strength then from the late writers of all other Nations his authority and credit is not onely infirmed and impaired in that Baronius a man of as much merit of the Church and rewarded by her with the same Dignitie is of a contrarie opinion but also because auerring that his opinion is the opinion of the Diuines and the other onely of Canonists Diuines themselues for such Baronius and Bozius are haue more then others oppugned it 24 And so that new Order of the Congregation of which both they are beeing as I said before laid for a stumbling block that the world which in such a rage of Deuotion ranne towards the Iesuites might be arrested a litâ—le vpon the contemplation of an Order which professed Church-knowledge as the other did state-knowledge hath exceeded the Iesuites in their owne Art of flattering and magnifying the Pope For they haue maintained his Direct and Ordinarie power whereas the other haue but prouided him a new and specioâ—s Title And so not only such as Carerius layes the imputation of Impious Politician vpon Bellarmine and all his followers in this point And bitterly Anathmatises Bellarmine by name and maintaines this power to be in the Pope either as Pope or not as Christs Vicar But Bozius also calls these men nouos Theologos and sayes They teach doctrine euidently false and such as fights against all Truth And another Catholique writer though hee impugne both these opinions of Bellarmine and Baronius yet he protests that the opinion which Bellarmine calls the Canonists opinion is the more probable and defensible because saies hee that opinion is not against the order of Nature that the Pope should exercise such a power which they maintaine to be directly granted to him but that opinion which they call the Diuines opinion is against Nature since it admits the exercise of such an Authority as is neither by name granted nor necessarie to the ends of the Church And therefore saies this Catholique though the Diuines ouerthrow the Canonists yet they proue not their owne opinion And in another place he saies That though Bellarmine haue giuen as much to the Pope as honestly he could and more then he should haue done yet he was so farre from satisfying the Pope herein that for this opinion the Pope was very neere condemning all his workes as saies he the Iesuites themselues haue tolde mee 25 VVhich disposition of enclining to the Canonists opinion appeares still in the Popes who accept so well the bookes of that purpose that the greatest part of those Authors which I haue cited in this booke of that matter are dedicated to the late Popes So that that Doctrine which is so much denied in the substance and Essence therof that all wayes of the existence thereof are peremptorily denied hath not yet receaued
growne wiser there must be no longer striuing for both swords 7 For those notorious impediments which the Pope obiects in this letter against Philip if they were such as made him incapable of Election then there was a Nullity in the choise and the Pope did nothing but declare that which may ofâ—en fall out in states which elect their Princes because there are many limitations but in Successorie princes it cannot hold but if these were not such impediments by the lawes which gouerned the Electors they became not such by this Declaration For one of them which is manifest periurie the pope himselfe was some cause of his continuing therein For the oath was made to his brother in the behalfe of his young Nephew who should haue beene Emperour And now the Pope had not onely disabled him but all the other Princes from keeping that oath by electing or confirming another Emperour 8 But if all which the Pope sayes in that letter shall not onely bee strong enough to binde the Election but to binde the consciences of posterity as matter of faith his last reason against Philips election must haue equall strength with the rest which would bee of dangerous consequence for it is That if after his Father had beene Emperour and his Brother he also should succeede the Empire would passe from Election to succession and none should be assumed but of one house Either then it is matter of faith that three of one family may not succeed in an Electiue state or as this is so all the rest are but arguments of inconueniencie vnfitnes 9 And this absoluing this Duke to whom he writes of his Oath is but of an Oath made Ratione Regni to him who neuer had the Kingdome and therefore that power of absoluing cannot by this Decretall be extended to such Oathes which are acknowledged to haue beene iust when they were made as being made to lawfull and indubitable Princes And certainly for though you dare not heare yet wee dare speake trueth the whole purpose in that act of the Pope was corrupt and farre from intention of making peace Of whose profit by reason of that dissention one of your owne Abbats sayes That there was scarse any Bishoprick or Parish Church which was not litigious and the Suite brought to Rome Sed non vacua Manu And so he proceedes Gaude Mater nostra Roma because all flowes to thee aperiuntur Cataractae the saurorum Reioyce for the iniquitie of the Sonnes of men Iocundare de Adiutrice tua Discordia Thou hast now that which thou didst alwaies thirst Sing thy song because thou hast ouercome the world not by thy Religion but the wickednesse of men for men are not drawne to thee by their owne Deuotion or by a pure Conscience but by the doing of manifolde wickednesses and by buying the Decision of their Suites and Causes 10 The second Canon vsually produced and noted by Albericus as I said to be against Iustice issued vpon this occasion When Otho whom the former Pope had established against Philip became vnthankfull to the Pope hee also was excommunicate and Frederick the Sonne of the first Frederick to whom the Princes had sworne in his Cradle was elected and crowned with whom also bâ—câ—use hee would not goe into the holy land and expose the Kingdome of Sicily to their Ambition the Popes fell out and excommunicated him thrice And when a generall Councell was gathered by Innocent the fourth for the reliefe of the holy land the Pope himselfe proposed Articles against the Emperour Whose Aduocate Thaddaeus promised all which might conduce to peace and Reformation on his Maisters behalfe This satisfied not the Pope but he asked for Sureties and when the Kings of England and France were offered the pope refused them vpon pretence that if the Emperor should remaine incorrigible the Church should by this means raise more heauy enemies to it selfe Then Thaddaeus proceeded to excuse his Maister in all the particular obiections and desired that hee mâ—ght be personally heard but to that the pope replied If he come I will depart for I doe not yet finde my selfe fit and ready for martyrdome Yet the English which were there extorted a fortnights leasure for the Emperours comming but he not daring or disdaining to come the pope proceeded to this sentence of Depriuation which sayes the Relater theâ—eof He thundred out terribly not without the amazement and horrour of all the hearers and by-standers And Thaddaeus protested vppon it This day is a day of wrath and of calamity and miserie 11 So this Bull proceeded from a distempered Pope and at a time when hee was not assisted with the Holy Ghost for he was not in a readines to suffer Martyrdome for him And where the Inscription saies it was Presenti Concilio the Margin notes that it is not said approbante Concilio though it assigne this for the reason least the Pope should seeme to neede the Councell 12 So that though it reach full as farre as Pius the fift his Bull against our late Queene for it depriues it absolues Subiects and it excommunicates all adherents yet it hath nothing by which it should be called a Canon or lawe to direct and gouerne posterity for there might be as much infirmity in this act of Depriuing as in the former of Excommunicating yea it was subiect to much more errour then that acte of spirituall iurisdiction which hath beene lesse questioned yet in the preamble of this sentence the pope saies of those former sentences If the Church haue iniured him in any thing she is ready to correct her selfe to reuoke and to make satisfaction So that it may be the pope erred in both these acts 13 Nor doe those wordes which are in the Inscription Ad perpetuam rei Memoriam giue it the strength of a precedent and obligatorie Canon but rather declare out of what shoppe it came since that is the ordinary stile of the Romane Court and not of the Canons of Councels Nor can it euer be deduced by any consequence out of this Sentence That the Pope hath the same power ouer other Soueraigne Princes as he exercised there against the Emperour because hee proceeded against him though vitiously and iniuriously and tyrannically by colour of a Superiority claimed by him and then not denied by the Emperour but testified by diuers Oathes of Fidelity to him which cannot be extended against those princes which admit no dependency vpon him by any reason conteined in this Sentence 14 By the third of these foure principall Rescripts Clement the fift annuls a Iudgement made by the Emperour Henry the seuenth against Robert king of Sicily whom as a subiect of the Empire the Emperour had declared a Rebell and depriued him of his Kingdome and absolued his subiects of their obedience And the reasons why the Pope interposes himselfe herein are not grounded vpon his power as he is Pope or as he is spirituall Prince but meerely
as he is a temporall Prince For first he saies The King of Sicily held that Kingdome of the Church and the Pope who was thereby his ordinary iudge ought to haue beene called to the iudgement And that the Emperour could not take knowledge of faults committed at Rome as those with which that King was charged were laid to be Nor his Iurisdiction and power of citation extend into the territory of the Church where that King was then residing nor he bee bound vpon any Citation to come to a place of so certaine danger 15 It is not therefore for this part of the Decretall that either they alleadge it so frequently or that Albericus laid that marke vpon it that it betrayed the authority of the Emperours for in this particular case I should not bee difficult to confesse some degrees of Iustice in prouiding that the Sentence of the Empeâ—or should not preuaile where naâ—urally and iustly it could not worke especially the pope proceeding so manneâ—ly as to reuoke it after the Emperors death and as the Glosse saies Ad tollendum murmur Populi who grudged that the Emperour should dispose of them who were the subiects of the Church 16 But the danger is in the last clause which is We out of the Superiority which without doubt we haue ouer the Empire and out of that power by which we succeed therein in a vacancy and by that power which Christ gaue vs in Peter declare that iudgement to bee voide and reuâ—ke all which hath beene done thereupon For the first part of which Clause touching his Superiority ouer the Emperor if he had any which as many good authors denie as affirme itâ— he had it by contract betweene the Emperour and the Church and he neither can nor doth claime that at least not all that which hee pretended in the Empire in other princes dominions for where doth he pâ—etend to succeede â—n a Vacancy but in the Empire And if he had that right Iure Diuino it woulâ— stâ—etch to all other places And â—f it be by Conâ—ract that cannot be but conditionall and variable in it selfe and not to be drawen into eâ—ample to the preiudice of any other prince And â—or his last title which is the power deriued by S. Peter to him because in this place he extends it no further but to a defence of S. Peters patrimony and onely by declaring a Sentence to be void which otherwise might scandalize some of his subiects we haue no reason to exagitate it in this plâ—ce nor haue you any reason to assure your consciences by the instruction or light of this Canon that that power extends to any â—uch case as should make you in these substantiall circumstances of great deâ—riment refuse this Oaâ—h 17 The fourâ—h Canon which is the Clementine of the diuers Oathes sworne by the Emperours to the Popes though it be euer cited and be by Albericus iâ—stly accused of iniustice yet it can by no extension worke vpon your conscience For the purpose thereof is but this That diffeâ—ences continuing betweene the Emperour and the King of Sicily and â—he Pope writing to reconcile them he vseth this as one induction That they had both sworne Fidelity and Alleageance to him The Emperor answered That he vnderstood not that Oath which he had taken to be an Oath of Alleageance And therfore the Pope afteâ— the Emperouâ—s death in this Decretall pronounces That they are Oathes of fidelities and Alleageance and that whosoeuer shall be created Emperour shall take those Oathes as such But to leaue it to the Lawyers whose tongues and pennes are not silencâ—d by this Decretall to argue whether they be oathes of Alleageance or no and imposed by the pope essentially so as the Emperour had no iurisdiction without them the first being a Constitution of the Emperour Otho and not of the pope if it be rightly cited by Gratian The second but an oath of Protection of the Church and the pope And the third only oâ— a pure and intire obseruing of the Catholique faith who can presse an argument out oâ— this Canon though it weâ—e wholy confessed and accepted as it lies that the pope may depose a king of England For Bellarmine informes your consciences â—eeâ—er then any of those Conâ—ellors who auert you from the oath by this and such Canonsâ— That the Empire not depending absolutely vpon the Pope but since Charlemains time this Oath of Alleageance is taken of the Emperour because the Pope translated the Empire vpon him And whether â—his be true or false in the laâ—ter part of translation yet his reason and argument discharges all other supreme princes ouer whom the pope hath no such pretence 18 Hauing passed through these foure wee will consider those Canons which are in Gratian to this purpose The first whereof may iustly be the Donation of Constantine Which though it be not Gratians but inserted by the name of Palea of whom whether hee were a man of that name a Schoâ—ler of Gratian or whether he called his Adâ—dition to Gratian Paleas in humility the Canonists are like to wrangle as long as any body will read them yet it is in the body and credit of Canon law 19 Towards the credit of this Donation there lackes but thus much to make it possible That the Emperour had not power to giue away haâ—â—e his Empire and that that Bishop had not capacitie to receiue it And but thus much of making it likely That the Church had no possession thereof but that it remained still with the Successors of the Emperours for if it had these degrees of possibility or credibility did not speake in barbarous language discording from that time nor in false Latine vnworthy of an Emperours Secreâ—arie nor gaue the pope leaue to confer orders vpon whom he would nor spoke of the Patriarchate of Constantinople before it had either that Dignity or that Name I should be content as I would in other fables to study what the Allegory thereof should be But since the Pope can liue without it And Azâ—rius tells vs that though the Donation bee falâ—e yet the Pope hath other iust titles to his estates though by his leaue he hath no such title as will authorize him to depose Princes as Soueraigne Lord ouer all the Westerne Kings as they pretend by this if it were iustifiable I will leaue it as they doe as a thing too suspicious and doubtfull to possesse any roome but that which it doth in Gratian. Onely this I will adde that if the power of the Emperour were in the Pope by vertue of this Donation yet wee might safely take this Oath because this Kingdome hath no dependance vpon the Empire 20 The next that I finde alleadged to keepe this Order as they lie in Gratian is a sentence taken out of S. Augustine by which you may see how infinite a power they place in the Pope His words are If the King must bee
obeyed though hee commaund contra Societatem yea it is contra Societatem if he be not obeyed because there is a generall contract in humane Societies that Kings must be obeyed how much more must we obey God the Gouernour of all Creatures And do they which alleadge for the Popes Supremacy ouer Princes intend the Pope to be Gouernour of all Creatures Doth he gouerne Sea and Elements or doe they thinke that the will and commandements of God are deriued to vs onely by the way of the Pope or why should not wee thanke them for producing this Canon since it is direct and very strong for Kings and for the Popes it is but common with all other Magistrates who must be obeyed when God speaks in them or when they spâ—ake not against God 21 In the tenth Distinction one Pope by the testimony of two other popes saies That the Ecclesiastique Constitutions must be preferred before the Emperours lawes And the cases mentioned there are the constituting of a Metâ—apolitane the dissoluing of a Mariage vpon entring into Religion to which I say that these cases by consent of the Emperours were vnder their iurisdiction And if you gather a generall rule by this of the force of Canons aboue Ciuill lawes you proceede indirectly accepting the same persons for Parties Iudges and Witnesses and besides it is not safe arguing from the Emperour to another absolute Prince nor from the authority which Canons haue in his Dominions to what they should haue in all 22 In the 21. Distinction A Pope writing to a Bishoppe of Milan telles him That the dignities and preheminences of Churches must be as the Bishoppe of Rome shall ordaine because Christ committed to Peter which hath the keyes of eternall life Iura terreni simul Caelestis imperij But if he meane by his Terrenum Imperium the disposing of the dignities and preheminencies of Churches one aboue another in this world Or if he meane by it That he hath this Terrenum Imperium as he hath the keyes of heauen that is to binde and loose sinnes by spirituall censures and Indulgences of absolâ—tion in which capaciâ—y he may haue authority ouer the highest secular Princes for any thing conteined in this Oath this Canon wil do vs no harme But if hee meane that Christ gaue him both these authorities together and that thereby he hath them as Ordinary Iudge then Bellarmine and all which follow the Diuines opinion of indirect power will forsake him and so may you by their example 73 After another Pope Gelasius writes to Anastasius the Emperour comparing Secular and Ecclesiastique dâ—gnity And he saâ—es You know that you depend vpon their iudgement but this is saies the Glosse in spirituall matters And because this Canon comes no neerer our question then to iustifie in the Pope a power of excommunicating Princes for it assumes no more â—hen Ambrose exercised vpon Theodosius I will stand no longer vpon it 24 And these be the Canons which out of the Distinctions I haue obserued to be scattered amongst their Authours when they teach this doctrine for any that preferres Priest-hood befoâ—e Principality seemes to them â—o conduce to that point Now I will follow Gratian in his other parts where the first is the Canon Nos si incompetenter which is veâ—y ofâ—en vrâ—ed but it is so farre â—rom inâ—luding this power of Deposing that it excludes it â—or allowing the Priest poweâ— to Reprehend and remembring former examples of Excommunication hee addes Nathan in reproouing the King executed that office in which he was Superiour to him but he vsurped not the Kings office in which he was inferiour nor gaue iudgement of death vpon him as Adulterer or murderer 25 In the seuenth Question of the ninth Cause from the Canon Episcopo to the end of that Question there are many sayings which aduance the digniâ—y of the Romane Seate and forbidde al men to hinder Appeals thither or to iudge of the popes Decrees But all these were in spirituall causes and directed to spirituall persons and vnder spirituall punishments Onely in the Canon Fratres the king of Spaine seemes to be threatned but it is with Excommunication onely And all these Canons together are deliuered by one Pope of another In whome saâ—es the Glosse It is a familiar kinde of proofe for one one Pope to produce another for witnesse as God did proue the sinnes of Sodome by Angels And as there is much iniustice in this manner of the Popes proceeding so is there some tincture of blaspemy in the maner of iustifying it by this Comparison 26 The Canon Alius which droppes out of euery penne which hath written of this Subiect is the first wherein I marked any Pope to speake of Deposing In this Gelasius writes to Anastasius a Pope to an Emperour that Pope Zachary his predecessor had deposed the King of France because he was vnfit for so great a power But the Glosser doth the Pope good seruice and keepes him within such a conuenient sense as may make him say true For saies â—e He deposed that is Hee gaue consent to them which did depose which were the States of that Kingdome which he saies out of the Euidence of the history for he is so farre fâ—om coarcting the Popes power that wee may easily deprehend in the Glosse more â—raud and iniquity then arrogance and tyrannie in the Pope For saies he the vnfitnesse of the French King was licentiousnesse not infufficiency to gouerne for then the Pope ought to haue giuen him an assistant To proue wâ—ich he cites two other Canons In which places it appeares That to Bishoppes vnable by reason oâ— age to discharge their functions the Pope assigns Coadiutores and by this the Glosser might euict that he hath the same Ordinary authority to dispose of Kingdomes as of Bishoprickes This Canon therefore doth onely vnfaithfully relate the act of another Pope and not determine nor decree any thing nor binde the conscience 27 In the same Question there is a Canon or two in which our case is thus farre concern'd that they handle the Popes authority in Absoluing and Dispensing from Oathes And the first is câ—ted often and with great courage because besides the word Ab omnibus Iuramentis cuiuscunquemodi obligationibus absoluimus there followes parsue theÌ„ with the spirituall and materiall sword But when we consider the case and the History this power will not extend to our cause For the Pope thereby doth giue liberty to some Bishops to recouer by iust violence such parts of the Church Patrimonie as were taken away from them and doth dispence with such oathes as they had beene forced to take by those which iniuriously infested the Church Yet I denie not but that the glosser vpon this Canon is liberall enough to the Pope for he sayes hee hath power to dispence against the law of Nature against the Apostle 28 After this followes that
though of a generall Councell 40 This Pope also by a Canon in the title de Voto hath gone the farthest of any which haue fallen within my obseruation for a King of Hungary which had made a vowe to vndertake a warre for Hierusalem preuented by death imposed the execution thereof vpon his yonger sonne who binding himselfe to performe it with the armie which he leuied for that purpose in pretence troubled his brother in his Kingdome To him therefore Innocentius writes That except he doe forthwith performe the vow he shall be excommunicate and depriued of all right to that Kingdome and that the kingdome if his elder brother die without issue shall deuolue to his younger brother But all these threatnings except that one of Excommunication were not thundered by the Pope as though hee could inflict them out of his authority but he remembers this ill-aduised Prince that except he performe the will of his father he looses his inheritance by the law Which the Glosse in this place endeuours to proue and to that purpose cytes and disputes some of the lawes in that point 41 The Canon Solitae though it be euery where alleadged and therefore it importunes me to mention it reaches not to our question for it is onely a Reprehension made by a Pope to a Greeke Emperour because hee did not affoord his Patriarch of Constantinople dignity enough in his place And he tels him that he mistakes S. Peters meaning in his Epistle where he teaches obedience to Emperours For saies he he writ but to those which were vnder him and not to al and he did prouoke them to a meritorious humility not informe them of a necessary Duety For saies he if that place shall be vnderstood of Priests and literally then Priests must bee subiect to Slaues because it is Omni Creaturae neyther saies he is it said To the King absolutely Precellenti but tanquam precellenti which was not added without cause For saies the Glosse this word Tanquam is Similitudinarium non expressiuum veritatis So that S. Peter doth not call the king Superiour in truth but as it were Superiour as I noted the Cardinals to subscribe Letters to persons of lower ranke Vester vti frater And that which followes of the punishment of euill doers and praise of God is not saies he that the King hath power of the sword ouer good and euill but onely ouer them which because they vse the sword are vnder his iurisdiction Then proceedes he to magnifie Priesthood because Ieremie to whom Commission was giuen ouer Nations was descended of Priests and because the Sunne which designes Priesthod is so much bigger then the Moone with so many more impertinencies and barbarismes and inconsequences that I wonder why he who summ'd it should so specially say of this Canon that it is Multum Alâ—egabile 42 In the Canon Grauem Honorius the third writes to certaine Prelates whose Church had receiued much detriment by a Noble-man That since he hath continued contemptuously vnder Excommunication two yeares if vpon this last monition he refuse to conforme himselfe they should discharge those Churches from their obedience to him and denounce those which ought him alleageance to be discharged therof as long as be remained Excommunicate But it appeares not here whether hee were a Subiect of the Romane Church or no And yet appeares plainely that he was no Soueraigne and therefore no precedent in our case in which there could not easily be restitution giuen to any after another were in possession 43 In the next volume of the law which they call Sexâ—us I haue noted in their Authours but one Canon which comes within any conuenient distance of this point which is a Letter of Innocent the fourth to the Nobility of Portugall by which vnder paine of Excommunication hee commaunds them to receiue the kings brother as coadiutor to that king Notwithstanding any Oath of Alleageance or resistance of the King So that they preserued the right in the King and in his children if he shall â—aue any Which being but matter of fact doth not constitute a rule nor binde consciences especially when for the fact it selfe the note saies in that place That the Pope ought not to haue interposed himselfe in that businesse 44 In the Extrauagantsâ—f â—f Pope Iohn the two and twenteth there is one Canon which would take great hold of consciences obliged to that Sea but that it proceedes from a Pope infam'd for heresie and claimes that Iurisdiction which it there inculcates in the right of being Emperour at that time when the throne by the death of Henrie the seuenth was vacant Thus it saâ—es Since it is cleare in law and constantly obserued of olde that in a vacancy of the Empire because then there can be no recourse to any Secular Iudge the Iurisdiction Gouerâ—ment and Disposition of the Empire deuolues to the Pope who is knowne to haue exercised all these therein by himselfe or others whereas diuers continue the offices of the Empire without our Confirmation we admonish all vnder Excommunication euen Kings to leaue off those titles and if they doe not so within two moneths how could hee prophesie so long a vacancie Wee will Excommunicate the persons and interdict the Dominions of them all Etiam superiores et inferiores Reges and proceede with them spiâ—itually and temporally as we shall farther see to be expedient And wee absolue all men of all Oathes by which they were bound to them But as I said before this right of inflicting temporall punishment hee claimâ—s as Emperour and the spirituall punishments are threatned to no other nor in any other Capacity then as they are officers of the Empire of which then hee imagines himselfe supreme Prince and so he is enabled to doe all those acts vpon any Prince which depends vpon the Empire which he might doe Ordinarily in the Patrimony and all which the Pope and the Emperour together might doe vpon any Prince which vsurped the titles and dignities of the Empire without the Emperours approbation 45 In the Common Extrauagants that which they call vnam Sanctam made by Boniface the eight Anno 1302. hath the greatest force of all both because it intends to proue and to Decree a certaine proposition That it is of the necessitie of Saluation to be subiect to the Pope and also because it determines it with Essentiall and formall words belonging to a Decree Declaramus Definimus Pronunciamus And though in the body and passage of the Decree there are sometimes arrogations of Secular Iurisdiction by way of argument and conueniencie and Probable consequence yet is there nothing drawne into the definition and Decree and thereby obligatorily cast vpon our Consciences but onely this That a Subiection to the Pope is of the necessitie of Saluation For sayes the glosse it was the intention of the Pope in this Decretall to bring reasons examples and authorities to
22 We doe not therefore by this oath exempt the King from any spirituall Iurisdiction Neither from oâ—ten incitations to continue in all his dueties by Preacâ—ing the word nor from confirming him in grace by the blessed Sacrament Nor from discreet reprehension if hee should transgresse We doe neither by this oath priuiledge him from the Censures of the Church nor denie by this oath that the Pope hath iustly ingrossed and reserued to himselfe the power to inflict those censures vpon Princes We pronounce therein against no power which pretendes to make Kings better Kings but onely against that which threatens to make them no kings 23 For if such a power as this of deposing and annihilating Kings bee necessarie and certaine in the Church and the Hierarchie thereof be not well established nor our saluation well prouided for without this power as they teach why was the Primitiue Church destitute thereof For if you allow the answere of Bellarmine That the Church did not depose Kings then because it lacked strength you returne to the beginning againe and goe round in a circle For the wisedome of our Sauiour is as much impeached and the frame of the Church is as lame and impotent and our saluation as ill prouided for if Christ doe not alwayes giue strength and abilitie to extirpate wicked kings if that be necessarie to saluation as he were if he did not giue them Title and Authoritie to doe it Yea all tese defect would still remaine in the Church though Christ had giuen Authoritie enough and Strength enough if he did not alwayes infuse in the Pope a Will to doe it 24 And where this power of deposing Princes may be lawfully exercised as in States where Princes are Conditionall and not absolute and Soueraigne as if at Venice the State should depose the Duke for attempting to alter that Religion and induce Greeke errours or Turcisme or if other States which might lawfully doe so should depart from the obedience and resist the force of their Princes which should offer to bring into that State the Inquisition or any other violence to their Conscience if the people in these States should depose the Prince did they doe this by any Spirituall Authoritie or Iurisdiction Or were this done by such a Temporall Authoritie as were indirect or casuall or incident or springing out of the spirituall authoritie as the Popes ridler makes his authoritie to bee Or must they stay to aske and obtaine leaue of their Clergie to depose such a transgressor If therefore such a particular state in whom the Soueraignty resides haue a direct temporall power which enables it sufficiently to maintaine and conserue it selfe such a supreme spirituall power as they talk of in the Pope is not necessarie for our saluation nor for the perfection of the Church gouernment 25 Nor is there any thing more monstrous and vnnaturall and disproportioned that that spirituall power should conceiue or beget temporall or to rise downwards as the more degrees of heigth and Supremacie and perâ—â—ctâ—oâ— it hath the more it should decline and stoope to the consideration of secular and temporall matters It may well haue some congruity with your Rules that the Popes of Rome in whom the fulnesse of spirituall power is said to be should haue more iuriâ—dictioÌ„ in spirituall matters then other Prelates They may be better trusted with the spirituall food and physicke of the Church and so prepare and present the word and the Sacraments to vs in such outward sort and manner as wee may best digest and conuert them to nouriture They may be better trusted with the spirituall Iustice of the Church and make the censures thereof profitable to the delinquent and others by his example They may be better trusted with the spirituall treasure of the Church and apply and dispence the graces of which they haue the stewardship at their discretion They may be better credited with canonizing of Saints and such acts of spirituall power then others and these are many and great offices to be put into one bodies hands But thaâ— out of this power and then onely when this power is at her fulnesse and perfection in the Pope there should arise and growe a temporall power which in their estimation is so poore and wretched a thing that a boy which doth but shaue his head and light a candle in the Church is aboue it for so they say euen of the lesser Orders is either impossible or to prodigious as if to insist vpon their owne comparisons of spirituall and temporall power the Sunne at his highest glory should be said to produce a Moone-light or golde after all trials and purifyings should bring â—orth Lead 26 Nor doe they for this Timpany or false conception by which spirituall power is blowne vp and swelled with temporall pretend any place of Scripture or make it so much as the putatiue father thereof For they doe not say that any place of Scripture doth by the literall sense thereof immediatly beget in vs this knowledge That the Pope may depose a Prince but all their arguments are drawne from naturall reason and discourse and conuenience So that if either the springe which moues the first wheele or any wheele by the way be disordered the whole Engine is defeated and made of no vse 27 And in this wee will ioyne and concurre with Azorius the Iesuite That though there be someâ—things which neither the Scriptures doe in expresse words forbid the Pope to doe nor the Canons can disable himâ— because hee is aboue them yet the very law of Nature inhibites them and prouides that by no meanes they may be done and that if the Pope should doe such a thing there were a Nullity in the action and the Church would neuer permit it but doe some act in opposition against it And all this out of this respect That naturall Reason would teach them that the generall peace and tranquility of the Christian Common-wealth would be disturbed thereby 28 If therefore in the point in question wee must be directed by naturall reason and dispute which is most profitable and conuenient for the peace of Christian states though it may bee long vncertaine on both sides where the victorie will fall yet during the suite Melior est conditio possidentis And since it is confessed that Princes before they accepted Christianitie had no Superiour and nothing appeares why Princes should not be as well able to gouerne Subiects in Christian Religion as in Morall vertue or wherein they neede an equall Assistant or Superiour now more then before or by what auâ—horitie the Pope is that Officer it is a precipitate and hastie preiudice for any man before iudgement to set to the seale of his bloud and a licentious and desperate extending of the Catholique faith to intrude into the body thereof and charge vpon our consciences vnder paine of damnation such an article as none but the thirteenth Apostle Iudas would haue made and