Church but by the Magistrate I must tell him that if the Magistrate may punish Hereticks much more may the Church because the Magistrate and Prince as he is not to iudge which is heresie so it pertaines not to him to punish Hereticks Vide Suarâ—z lib. 4. de legibus cap. 11. heresie being a crime which pertaineth to the Ecclesiasticall not to the Temporall Court and therfore that Princes by their lawes do decree punishments against hereticks they do it by commission from the Church which is the cause why the Church first deliuereth them vp to secular power whence followeth that the Church who giueth Authoritie to Princes to punish Hereticks may do it her selfe when they are wanting in their office which also all the Arguments alleadged do conuince And Widdrington cannot denie Ca. ad ab solendum cap. vergentis c. ExcoÌ„municamus ca. fin de haereticis 15. q. 6. ca. not Sanctorum that the Church doth deliuer vp Hereticks to secular power which is a temporall punishment as also that she casteth them into prison confifcateth their goods makes them infamous vncapable of new secular offices and of the right and lawfull execution of the olde makes them vnable to make their last will or to succeed by Testament yea and that by her decrees they be excommunicated and consequentlie depriued of all Ciuill societie which are in like sort Temporall punishments Moreouer it cannot be denied but that the Councell of Trent sess 25. cap. 3. Commaundeth Ecclesiastical iudges not to vse Censures but when there is vrgent cause and in lieu therof to condemne malefactours to pecuniarie mulctes 3. And if the Church can thus punish ordinarie Christians temporallie she may inflict Temporall punishments vpon Kinges because although Kings as Kings are superiours to their subiectes yet as Christians and Christian Kinges also they are as subiect to the Church as others because as aboue I haue declared the reasoÌ„ why other Christians are subiect to the Church and her visible Head and Pastour is because they are incorporated to the Church and made members therof by baptisme and consequentlie subiect to the whole bodie and head but Kinges and Emperours are as well incorporated as other Christians being as well baptized and signed with as good and as vndefaceable a caracter of baptisme ergo they are as subiect And then say I If they be as subiect they may by the Churches authoritie be punished aswell as others and not only spirituallie but also temporallie as others may if once it be graunted that hereticall and rebellious Princes may be punished by the Chiefe Pastour by lesser penalties as coÌ„fiscations of goods infamie exile such like punishments which are inflicted on all obstinate hereticks then I shall easilie inferre that they may by the Church be depriued also of their Kingdomes that depriuation being a temporall punishment so of the same order with the others And though it be greater then many others yet why may it not be inflicted for an enormious rebellion or iniurie against the Church This I say to prooue that Princes by the Church may be punished temporallie though the Church alwayes beareth and ought to beare that respect to Princes that she will not vse teÌ„porall punishmeÌ„ts against Princes no nor any punishment at all but only when holsome admonition will not serue and the Church is much interessed CHAPTER XI The same power of the Pope ouer Princes is prooued by authority of Generall Councells out of which are gathered for the same authority euident and conuincing arguments 1. THe Authoritie of a Generall Councell confirmed by the Pope quoad nos in respect of vs to whom a Councell is better knowen then Scripture though in it selfe not of so great credit as Scripture is the greatest in earth and vnder the cope of Heauen For if a Councell especiallie Generall confirmed by the Chiefe Pastour Act. 15. notwithstanding that it representeth the whole Church containeth all the Chiefe Pastours of the Church and hath in it assembled all the learning wisdome Authoritie and sanctitie yea the holy Ghost for directour may erre who cannot erre And after such Authoritie reiected whome shall we finde of greater Authoritie for interpreting Scripture deciding controuersies clearing doubts and difficulties and enacting holsome lawes Mat. 18. Christs bids vs holde him for no better then an Ethnike and Publican who will not heare the Church and where or when doth the Church more expreslie deliuer her mind or teach with more Authoritie or command with more right to be obeyed then in a Generall Councell â—â—au 14. 16. And if in any place or coÌ„munitie the holie Ghost presideth as certes Christ promised his Holy spirit to his Church and the Apostles and their Successours no doubt in a Generall Councell he teacheth all veritie Act. 15. Hence it is that S. PETER and the Councell holden at Hierusalem sayth Visum est spiritui sancto nobis 1. Tim. 3. It hath seemed good to the Holie Ghost and vs. And if the Church be euer the Pillar of truth it is in a Generall Councell If euer Christ fulfilleth his promise to be there where two or three are gathered together in his name Athan. in epist de Synodie Arim. Seleue. he fulfilleth it in a Generall Councell Wherefore ATHANASIVS calleth the decree of the Councell of NICE Sententiam Apostolicam An Apostolicall sentence and in another place he marueiles how any dare make any doubte Epist ad Epict. Ambros li. 5. epist 32. Aug. ep 162. 118. or moue any question concerning any matters decided in that Councell S. AMBROSE did giue such credit to it that he sayd neither death nor sword should separate him from that Authoritie S. AVGVSTINE calleth the sentence of a Generall Councell the last sentence from which is no appeale and saith that the Authoritie of Councels in the Church is saluberrima most holesome Ciril in dial 1. S. CIRILL of Alexandria calles a Generall Councell Basim immobile fundameÌ„tum Gregor epist 28. A ground and immoueable foundation S. GREGORIE the Great honoured the foure first Generall Councels to which the Councell of Trent is equall in Authoritie coÌ„sisting of as lawfull Bishops as the foure Ghospelles to wit for their infallibilitie This I thought good to premise because Widdrington and others seeme not to giue that respect to Councels as the Authoritie of them requireth Let vs now see what the Councels say of this matter in hand and then let me see the face that dareth face out so great Authoritie 2. And first let vs see what the Generall CouÌ„cell of LateraÌ„ held in the yeare of our Lord 1215. vnder INNOCENTIVS the third determineth in this matter Surius praefat in hoc Conc. Platina in Innocentie 3. No man sayth Laurentius Surius in his Preface to this Councell can doubt of the Authoritie and generalitie of this Councell because in it were handled matters of ReligioÌ„ determined
morall It must needs followe that the spirituall power excelleth the temporall as much as the obiects endes and actes of that doe surpasse this 7. Fourthlie that power is greater to which euen the Princes them selues are subiect then that to which the subiects and people onlie are subiect not the Prince for though the Prince be subiect to his owne sawes quoad vim directiuam yet not quoad vim â—perciuam but the Prince is subiect to the spirituall powet of the Church as much as â—he lowest and meanest of his subiects ergo â—he spirituall power of the Church is more â—minent then the Temporall power of the Prince or Common VVealth The Maior â—roposition is euident The Minor I shall â—rooue in the next Chapter wherfore the â—onclusion must needs followe 8. Hitherto I haue prooued that the spiâ—ituall and Ecclesiasticall power is more â—minent and noble then the Temporall â—nd consequentlie that the spirituall is â—igher in dignitie but whether it can comâ—and correct curb or restraine the temâ—orall I haue not as yet either prooued or declared for many things are more highe in dignitie then others which yet haue no authoritie to command or punnish As for example the Protestants of this time will not lett to graunt that the Pope is the highest Patriarch in dignitie yet they say he can not command out of his particular Diocese of Rome and all Diuines graunt that the power of the Church is more noble then any power of Princes or Emperours that being spirituall and supernaturall this onely temporall and yet they say that they that are not baptized be they Princes or subiects are not subiect vnto it so as the Church can command or punnish them spirituallie And the King of France is more eminent in dignitie then any of the noblest subiects of England or Spaine and yet hath no authoritie to command or punnish them for faultes committed out of his Realme Wherfore it resteth that I prooue that the Church by her spirituall and Ecclesiasticall power can command all Christians euen Heretickes that are baptized And this besides what hath been saied in the former Chapter to the proofe thereof I shall briefely yet cleerely shew by these ensewing arguments 9. For first the Ecclesiasticall superiours are true Pastours of the Church ergo they can not only direct but command and correct at least by spirituall paines and chastisements The Antecedent I prooue out of scripture Pasce oues meas Feede my sheepe Ioan. 21. saied Christ to S. Peter and his successours and all Pastours in their kinde Ad Eph. 4. Christ saieth S. Paul gaue to his Church some Apostles some Prophetes and other some Enangelists and other some Pastours and Doctours Act. 20. And the same Apostle speaking to Pastours sayth Attendite vobis c. Attend to your selues and your whole flocke To which purpose also S. Peter addeth saying 1. Pet. 5. Pascite qui in nobis est gregem Dei Feede the flocke of God which is in you The consequence I prooue because to a Pastour it belongeth not onlie to feede by Sacramentes and the word of God but also to rule to gouerne and correct and consequentlie the Pastours of the Church can make lawes which bynd all Christians their subiectes in conscience and they can correct and punnish â—he delinquents at least by spirituall chastisements of Excommunication and other Censures 10. Mat. 18. Secondlie Christ gaue power by his Apostles and successours to bynde and loose which argueth Iursdiction 11. Thirdlie the Apostles and their succesâ—ours haue vsed this Authoritie ouer Chriâ—tians Act. 15. 1. Cor. 5. Tit. 1. 1. Cor. 7. 2. Cor. 10 for they enacted lawes in their first Councell Saint Paul excommunicated the â—ncestuous Corinthian They appointed Bishops and Priests to gouerne particuler Churches Saint Paule distinguisheth his â—wne power of making lawes from Christs And hee saith Arma militiae nostrae non carnalia sunt sed potentia Deo ad destructionem munitionum c. The weapons of our VVarfare are not carnal but mightie to God vnto the destruction of munitions destroying Counsels and all loftinesse extolling it selfe against the Knowledge of God c. and hauing in a readinesse to reuenge all disobedience c. 12. Fiftlie I proue it by a Theological Argument By Baptisme Christians are made true members of the Mysticall bodie of Christs Church no lesse then subiects are of the Kingdome or Politicall bodie D. Tho. 3. p q. 63. art 6 q. 68. a. 1. q. 69. a. 4 5. yea more because they are incorporated to the Church by a reall supernaturall and indelible Caracter But all members are so subiect to the head that the head by Authoritie may command correct and punish them if they transgresse ergo the Pastours of the Church and especiallie the chiefe Pastour hath Iurisdiction ouer all those that are baptized be they true Christians or Heretickes or Apostataes This I confirme by this congruence Euerie one is bound to the lawes of the Realme in which he was borne by reason that his natiuitie in that place maketh him a true member of that Kingdome as our Soueraine Liege himselfe well obserueth In praef monitor pag. 12. And seing that Baptisme is a regeneration and newe natiuitie by which we are borne in the Church for euen the Children of Heretickes though they be baptized by Heretickes if they be trulie baptized are borne in the Churche it followeth that all that are baptized are bound to obey the Church and chiefe Pastour of the Church to obserue her lawes and may be punished by the Church if they transgresse the same else the Church which is the most eminent state and Common wealth should be inferiour vnto the lowest and meanest Politicall common wealth that is for there is no lawfull common wealth but it can make lawes and punish the transgressours 13. Sixtlie the Church is an absolute Common VVealth and consequentlie hath Authoritie to make lawes to appoint spirituall Magistrates to call Councels and to decide controuersies to correct and punish Heretickes and Blasphemers and all sinne which are properlie opposite to her gouernment and Ecclesiasticall peace but this supposeth a legislatiue an commanding and not only a directiue but also a coerciue power ergo the Church and especiallie her chiefe Pastour Christs Vicaire hath such Authoritie l. 2. ff de Iurisd omnium Iud. cap. Praeterea de officio delegati This Argument I confirme thus The Ciuill lawe telleth vs Cui iurifdictio data est ea quoque concessa esse videntur sine quibus iurisdictio explicari non potuit To whom iurisdiction is graunted those things also seeme to be graunted without which the iurisdiction could not be explicated And againe Ex eo quod causa alicui committitur super omnibus quae ad causam ipsam spectare noscuntur plenariam recipit Potestatem In that a cause is committed to any he receiueth full power ouer all things which are known to pertaine
especially by spirituall censures and may cast him out of the Church by excommunication else the Church were inferiour to all politicall bodies yea to a naturall bodie which hath authoritie for its owne preseruation to cutt of a rotten member least it infect the whole and to expell by purgation a malignant humour Neither is there any reason why in this point we should put any difference betwixt the King and another of his owne subiects For althoughe he be superiour in temporall matters to all his subiectes and is to be obeyed of thē yet is he subiect in spirituall matters to the Churches Pastours as much as his meanest subiect 5. And so it is not in the free choise of a Christian though baptized amongst Hereticks when he comes to yeares of discreation as ERASMVS and LVDOVICVS VIVES do absurdly holde to obserue Erasmus paraph. in Mat Ludouic Viues in com l. 1. de ciu Dei cap. 27. or not obserue the Christian law because he is bound to keepe the promise which the Church and his Godfathers made in his name no lesse then Pupills are bound to stand to that which their Tutours haue done in their name and for their profitt and goe he where he will be he of what religion he will he carrieth an indelible Caracter imprinted by Baptisme in hi◠soules by which the Church hath authoritie ouer him as ouer a member de iure debito and can commaund him to obserue the Christian law as also punish him if he disobey though he were an Emperour at least by spirituall punishment 6. Secondlie two Princes independent in one communitie would make a confusion vnlesse the one were subiect to the other and to be directed by the other Wherfore Aristotle as aboue I haue alledged saieth that Pluralitas Principatuum nō est bona Arict l. 12. Met. cap. vlt. Pluralitie of Principalities is not good to witt in one communitie and vnlesse one of them be subiect for the one might hinder the other the one might commaund one thinge the other cleane contrarie and so there would arise contention and confusion But the Church and common wealth of Christians is one bodie and Communitie at least materially if not formallie ergo these two Princes to wit the spirituall and temporali must haue some subordination But there is no reason that the Prince should direct and correct the Pastour he being the greater Prince hauing an higher power as it is aboue prooued ergo seing that both Pastour and Prince are of God and what is of God is rightlie ordayned Rom. 13. and with good order it followeth that the Chiefe Pastour must be superiour and must direct and correct the Prince as much as is necessarie to the Churches end and good 7 Thirdlie the chiefe Pastour and sometimes also inferiour Pastours as Bishops haue challenged to themselues as due Authoritie ouer Princes and haue excommunicated and layed spirituail punishements vpon them whome to condemne as vniust vsurpers they being so manie so wise so vpright and many of them holie Saints were meere madnesse ergo the Prince is subiect in spirituall matters yea and temporall matters also when they are necessarie for the Churches good and may be commaunded and punished at least spiritually if he refuse to obey he being in this case the Pastours subiect and inferiour 8. Eus l. 6. hist c. 25 alias 27. Nicephor l. 13. c. 34. Vide Baron an 407. Card. Alan Ausu 1. polibeller Cap. 2. So wee read that FABIAN Pope commaunded PHILIP the first Christian Emperour to take his place amongst the publick Penitentes so INNOCENTIVS the first excommunicated Arcadius the Emperour and Eudoxia the Empresse for persecuting S. Iohn Chrrsostome The excommunication beginneth thus Vox sanguinis fratris mei Iohannis clamat ad Deum contra te ô Imperator sicuti quondam Abel Iusti contra Cain is modis omnibus vindicabitur The voice of the bloud of my brother Iohn Chrysostome cryeth to God against thee as Abels bloud in tymes past did against Cain and it by all meanes shal be reuenged The sentence followeth in these words Zonaras tom 3. Annal. Itaque ego minimus peccator cui Thronus Magni Apostoli Petri creditus est segrego reijcio te illam à perceptione immaculatorum mysteriorum Christi Dei nostri Therfore I the least and a sinner to whom the throne of Greate Peeter is committed do segregate and reiect thee and her Eudoxia from participation of the immaculate mysteries of Christ our God Of which Pope S. HIEROME giueth this commendation S. Hieron epist 8. Illud te pio charitatis affectu praemonendum puto vt S. Innocentij qui Apostolicae Cathedrae supradicti viri Anastasij successor filius est teneas fidem nec peregrinain quantumuis tibi prudens callidaque videaris doctrinam recipias That I thouht out of charitie to admonish thee that thou holde the faith of S. Innocentius who is the successour and sonne of the sea Apostolicke and of Anastasius neither do thou recedue any strange doctrine seeme thou to thy selfe neuer so wise and wittie GREGORIE the second in a Councell at Rome Anno 726. Vide Baron an 729. excommunicated Leo the Emperour surnamed Isauricus and Iconomachus and tooke from him his Gabelles in Italie and the Prouince it selfe Greg. l. 3. ep 5. 10. l. 7. ep 14. Vide Baron an 1076. GREGORIE the seuenth commēded by all but onlie Schismatikes Heretickes for a Saint as he who wrought myracles as well liuing as dead excōmunicated HENRIE the fourth Emperour of that name for many enormities threatening moreouer excommunication to all Princes Kinges Emperours that should vsurpe Inuestitures as the same Emperour had done Also he interdicted the Kingdome of Polonia and excommunicated the King BOLESLAVS for killinge Stanisldus his Bishop at the Altar because like a good Pastour he had before controlled his lust and excommunicated him Platina in vita Innoc. 3◠ALEXANDER the third excommunicated Frederick the first and if Henrie the second King of England had not submitted him self he had excommunicated him also as he was sollicited thereunto by Lewis the King of France INNOCENTIVS the third excommunicated Otho the fourth Emperour of that name Cap. ad Apostolicae desēt re Iudic in 6. GREGORIE the ninth against Frederick the second IOHN the twentie two against Ludouicus Bauarus INNOCENT the third against King Iohn of England VRBAN the second against Philip the first of France and other Popes against other Princes haue sed the like seueritie Albert. Pighius l. de visib mon. cap. 17. Mat. Paris ann 1204. Baron an 1101. euen to these our daies and in all their Epistles to Kinges and Emperours they call them Sonnes and speake to them as to their sheepe and subiects 9. Yea not onlie Popes but euen Bishops haue the like Authoritie ouer Kinges and Emperours as the Archbishop of Toledo ouer the King of Spaine
indifferent and not otherwise forbidden Fiftlie Mat. 18. Christ gaue authoritie to his Apostles to loose and bynd by excommunications suspensions and interdicts which actes of Iurisdiction are the spirituall bands and Censures which the Church layeth vpon rebellious Christians as Diuines and Fathers interprete Which power Saint Paul in his second Epistle to the Corinthians insinuateth saying If I come againe I will not spare and againe These things I write absent that being present I may not deale hardlie according to the power which our Lord hath giuen me vnto edification and not vnto destruction 1. Cor. 4. 1. Cor. 5. D. Th. in hac loca Gregor Nyssâ—in orat aduersus eos qui agre ferunt reprehens Chrysost hom 60â— ad pop Ant. Hieron ep 53. And in his first Epistle he sayth VVhat will you in rodde that I come to you or in charitie and the spirit of mildnesse And againe he in absence by his letters and mandatum excommunicateth the incestuous person and deliuereth him vp to Satan Out of which wordes Saint Gregorie of Nisse and Saint Chrysostome do gather the power of Excommunication As also doth Saint Hierom who marueileth that the Bishop in whose Diocese Vigilantius liued did not Virga ferrea confringere vas inutile tradere in interitum carnis vt spiritus saluus fiat With an iron rodde breake that vnprofitable vessel and deliuer him to Satan for the destruction of the flesh that the spirit may be saued So S. AVGVSTIN Aug l 1. de pen. cap. 14. so all Fathers so Caluin him selfe vnderstand this place of the power of Excommunication though Caluin will haue onlie the Presbyterie and companie of Seniours not any one alone to excoÌ„municate contrarie to the expresse text which telleth vs that Saint Paul alone absent did excommunicate and deliuer vp to Satan VVhere is to be noted that by excommunication stubbern Christians are saied to be deliuered vp to Satan either because they are cast out of the Church where Satan domineereth or else for that they are depriued of the suffrages and helpes of the Church and so more exposed to Satans tentations or lastely because in the Primatiue Church the Deuil by and by seazed and tooke poslession of the person excommunicated 10. Sixtlie as because the law of Nature could not determine particulerly of all particulers Ciuill power was necessarie to gouerne the Communitie and enact lawes conducing to the Temporall state so because God his law hath not determined all particulers it was necessarie the Church should haue power to call Councelles tomake patticuler lawes according to the times and other circumstances 11. Seuenthlie euerie absolute Common wealth hath power in the Prince and Magistrates to gouerne and defend it self to make lawes to punishe Malefactours c. But the Church is an absolute Common wealth and more absolute then a Kingdome this being subordinate to that not that to this ergo it was to haue all spirituall Authoritie necessarie to gouerne and defend it selfe else Christ had not sufficientlie prouided for it 12. Fightlie we are bound to obey Princes lawes and Authoritie in conscience ergo much more the Churches Authoritie and law this being spirituall that but temporall this being the subordinant that the subordinat power as wee shall see herafter And therfore if the Apostle will haue euerie soule to be subiect to Authoritie and higher powers Rom. 13 he will especiallie that they be subiect if they be members of the Church vnto her spirituall power for as SYMMACHVS Pope sayd once to the Emperour ANASTASIVS Si omnis potestas à Deo est Ep. ad Anastaf Imp. magis ergo quae rebus praestituta est diuinis defer Deo in nobis nos deferemus Deo in te If all power be of God much more therfore that power which gouerneth diuine matters Honour thou God ô Emperour in vs and we will honour him in thee CHAPTER IIII. These two Iurisdictions and powers Ecclesiasticall and Ciuill are compared and conferred and the preeminence is giuen to the Ecclesiasticall 1. AS the little world Man called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can not consist without bodie and soule nor the great world without the Sunne and Moone so neither can the spirituall world of the Church flourish any time vnlesse it be supported as by two Pillars by the spirituall and Temporall power and Authoritie But as if the Moone should or could contend with the sunne and would or could disdaine to receaue light from the sunne or would or could encroach vpon the sunnes right in the gouernmet of the day all would be out of order so if one of these powers should be at variance with the other and would not receaue light and direction by the more lightsome or would encroach preposterouslie on the others demaines the Church could not long flourish And as if the body should rebell against the soule the flesh against the spirit sensualitie against reason it would perturbe reasons order and breake the Oeconomie of Morall life so if one of these powers should offer iniurie to the other the Mysticall bodie of Christ his Church would be out of frame Wherfore seeing that Christ the Wisdome of God is the Authout of both he no doubt hath disposed them sweetlie Sap. 7. and consequentlie hath setled some order betwixt them because Quae à Deo sunt Rom. 13. ordinata sunt Those thinges that are of God are ordered And for as much as Pluralitas principatuum non est bona Pluralitie of principalities is not good Arist l. 12. Metaph. cap. vlt. to wit Vnlesse one be subordinate to the other no doubt he hath subiected one of these to the other For which cause in this Chapter I will endeauour to shew which of these powers taketh the precedence which hath the preeminence and superioritie wherin and how farre 2. But because Comparisons betwixt so great Powers and Principalities and especiallie in these our corrupted times are odious I protest before hand that I entend not do detract any right or prerogatiue from either but onely to giue to Caesar and his temporall power what belongeth vnto them and to God and his Church Mat. 21. what appertaineth to them For I confesse and haue prooued that both these Authorities are of God both are excellent and eminent in their kinde both to be honoured both to be obeyed within their limites both so necessarie to the Church of God that it can no more stand without them then the world without Sunne and Moone For take away Temporall power and who shall defend the Church and assist her for the execution of her lawes and sentences Take away the spirituall power and who shall direct and correct the Temporall when it is exorbitant Take away the Temporall and who shall drawe the sworde Take away the spirituall and who shall preach the worde Take away the Temporall and who shall haue care of our corporall and temporall life Take away the spirituall and
to the cause But the Pastours of the Church as is manifest out of the alleaged places of scripture haue Authoritie to gouerne and rule the Church and all the members and subiects thereof ergo they haue authoritie to do all those thinges which are necessarily belonging therevnto but they should not haue all power belonging therevnto vnlesse they haue a Power Legislatiue and not onlie directiue but also coerciue at least by spirituall paines ouer Christians and the lay power and temporall Iurisdictions ergo their spirituall power is not onlie aboue the temporall in dignitie but also in authoritie and power of commanding else they had not sufficient power to gouerne the Church which is committed vnto them 14. But because this veritie will appeare more by that which I shall alleage in the next Chapter to prooue that the Pastours of the Church haue spirituall authoritie ouer Kinges and Emperours I will here make an end desiring all wordlinges and Politikes who so inculcare obedience to Princes and secular power not to forgett their dutie and obedience to the Church and her Pastours who haue Authoritie as well as princes and greater then theirs and to thinke also with them selues that he that will not obey the Church Mat. 18. is to be held as an Ethnike and publican and that Deut. 17 if he that stubbornlie refused to obey the Highe priest in the olde lawe was to die for such disobedience what punishment remaineth for them who contemne Church and Pope which yet are in dignitie and power as farre aboue the synagogue and her priests and Bishops as the veritie surpasseth the figure the bodie the shadow the guift the promise Christ Moyses Christes preisthood that of Aaron Christes facrifice and Sacramentes those of the Iewes and synagogue CHAPTER V. Ecclesiasticall and Temporall peeres and princes are compared together and out of the Comparison is gathered that not only priuate laymen but euen temporall princes though otherwise absolute are subiect to the pastours of the Church and especially to the supreame visible pastour as is prooued by many arguments 1. I intend not by this comparison to detract the least from Kings and Princes Naziāz orat 17. ad ciues timore perculsos Psal 81. for I acknowledge their Authoritie to be of God them selues the Images and sonnes of God according to that Ego dixi Dij estis filij excelsi omnes I saied you are Godds and the sonnes of the highest all I will not let to giue them in a good sence those high titles with which the Romanes and Grecians stiled them who called them Filios Deorum Deos terrae Ioues mundi The sonnes of Goddes Goddes of the earth and Iupiters of the world for as God is the supreame Monarch of the world so are they of their Kingdomes in the gouernment wherof they imitate the Monarchicall gouernment of the world I graunt that a King in respect of the laitye is as the eye and head in the bodie as she sunne amongst the planets as the Cedar amongst Trees as gould amongst metalles as fier amongst the Elements as the sea amongst waters I will willinglie acknowledge him the second person after God and onlie lesser then God in temporall Authoritie Tertul. l. aduersus Scap. c. 2. 2. But yet it is not one of Kings least honours to acknowledge thē selues sonnes of the Church Ambros orat in Auxentium as S. AMBROSE tould Valentinian the Euiperour And therfore as Priests are content to giue to the King and Prince that honour which is due vnto them so Princes must not disdaine to giue to Priess their due respect and right Princes I graunt are called Gods by participation and the anointed of God so are Priests and in this kinde greater Gods then they because they approche nearer vnto the true God and only God by essence who therfore is called Deus Deorum Psal 49. 135. God of Goddes and their consecration and anoynting being a Sacrament is farre holier then that of Kings for which cause CONSTANTIN called the Bishopes of NICE his Gods Ruf. l. 1. Cap. 2. and would not be Iudge of them to whose iudgement he was to stand and as Princes are Kinges so are Priests and by so much greater Kinges then they by how much it is more to be a Kinge of soules then bodies wherfore the scriptures alleaged in the former Chapter which giue to the spirituall power a superioritie and authoritie ouer the temporall do prooue also that Bishops and especiallig the High and chiefe Pastour are euen Kings Pastours Ioan. 21 and superiours For when Christ bad PETER feede his sheepe he made him Pastour ouer all Christians and so the King if he wil be a sheepe of Christ must be a sheepe of PETER and consequentlie of the Pope his successour Mat. 18. and must acknouwledge him his Pastour And When Christ saied Dic Ecclesiae c. Tell the Church and if he will not beare the Church let him be vnto thee is an Ethnick and Publican Did he exempt Princes from the Churches Tribunal And when he saied What soeuer you shal binde vpon earth Mat. vlt. shal be bound in heauen were Princes excepted No no. If Princes will be members of the Church they must be subiect to the visible Head therof If they will be sheepe of Christ they must acknowledge PETER and the Pope his successour for their Pastour 3. Neither can their temporall soueraintie exempt them for that only maketh them so absolute that they are subiect to no temporall power yet remaine they notwithstandinge subiect to the spirituall power of the Church and as subiect as the lowest Christian and haue no more commaund ouer the Church then the meanest of the people True it is that they are defendours or ought so to be and Protectours of the Church Pastours and superiours they are not but sheepe and inferiours And therfore after that the Prophet Esaye had saied Erunt Reges nutritij tui c. Esai 49. Kinges shall be thy nourcing Fathers to shewe that this importeth no superioritie ouer the Church he addeth VVith countenance cast downe toward the ground they shall adore thee the Churche and they shall licke vp the dust of thy feete 4. And this I proue first by reason grounded in faith and Diuinitie For the King by Baptisme is made as trulie a member of the Church as the meanest Christian and is incorporated as deepelie by the Caracter of Baptisme as any hee is regenerated and borne againe as much as any else he should not be so good a Christian as others And seing that by this incorporation and natiuitie as is before declared the Pastours especiallie the chief Pastour who is Head of this bodie hath power ouer all Christians it followeth that he hath also power ouer Kinges and so as the King can punnish rebelles Malefactours cast them out of the Realme by banishement so may the Chiefe Pastour punnish a rebellious King
other Titles to be quite exempt from him and subiect to none in temporall matters And seing that this supremacie in Ecclesiasticall matters either is not distinguished from their Regall Authoritie or is necessarilie annexed vnto it as they refuse to be subiect in temporall matters so might they in Ecclesiasticall The King of England Why he rather then the King of France The King of France why he rather then any of the others Yea if these Kings pretend not to be subiect to the Emperour much more may they claime exemption from one anotherr 9. If any answere that by Common consent they may either choose one to call the rest or being all equall they may meete altogether in one neither will this serue For as for the first meanes it is morally impossible because Kinges who haue high aspiring mindes would neuer be drawen to subiect them selues to any and so whilst euerie one would be Chiefe none should be Chiefe The second meanes is as impossible for first where shall they meet Certes no King will easilie leaue his Kingdome and so euerie one would be desirous to haue the Councell in his Countrie yea euerie one would refuse to haue such a meeting in his Kingdome for feare of daunger But suppose they meete when they are mett how shall they agree especiallie they being commonly of diuers Religions for if a King in that he is a King is to iudge in matters of the Church euery King hath right to be of this Councell and so the Turke the Persian the Muscouite shall haue place in this Councell If you say that not euerie King but onely Christian Kinges are Heads of the Church in their Kingdomes then at least Catholick Lutheran and Caluinian Kinges must be of the Councell and how shall these agree who shall moderat seing there is no more reason of one then another If you say that Bishops must be the Men that must make Decrees and Canons and conclude all in this Councell This they cannot do without Kinges if euerie King be supreme Head in their Countrie and therfore it was enacted accordinglie in the Parlament holden by King HENRIE the Eight in the twenty sixt yeare of his raigne That he should be reputed supreme Head of the Church of England and should haue all the honours Authorities and commodities belonging there vnto Amongst which honours the Principall and that which is necessarilie annexed vnto the Headship of the Church is to call Councels and to sitt as Chiefe Iudge in them See Poulton â—n his AbridgemeÌ„t of the statutes Sander de Schis Angl. And Queene ELIZABETH had also graunted vnto her by a Parlament in the first yeare of her raigne all power for the correction and reformation of the Clergie for the iudgements and punishmeÌ„ts of schismes and heresies for nominating of Bishops and for calling of Synods and that with such ample Authoritie that nothing should be decreed in any Synod with in the Realme without expresse licence and consent of the Queene And if the Bishops in the Councell agree not as I see not how they can if there be no one amongst them that can command who shall be the man that shall take vp the matter amongst them If you say the Kings I demand who shall beare the sway amongst them And so to make Kinges Heads of the Church in their Kingdomes is to hinder all Generall Councels which yet heretofore haue been so oft assembled by the Authoritie of the Pope to the great profit peace and vnitie of the Church 10. Fourthlie if Princes in that they are Princes or Christian Princes were Heades of the Church in their Realme then Children might be Heades of the Church yea and women also for they are capable of Regall Authoritie wheras not withstaÌ„ding the Wiseman pronounceth a vae curse to the land whose King is a Child Ecclesiastes 10. And much more woe it were to a Church whose head is a Child Surely S. PAVL 1. Cor. 14 that commands women to be silent in the Church would neuer haue permitted such to gouerne the Church And yet after King HENRIE had arrogated this monstrous power in a King to make it ridiculous to the world God permitted that next after him a Child came to be King the Head of the Church of England and next but one after the Child a womaÌ„ succeeded also in the like authoritie 11. Fiftlie to make enerie King supreme Head of the Church in his Kingdome destroyeth the vnitie of the Church for wheras there are three especiall and essentiall Vnities in the Church to wit Vnitie of Head and one gouernment Vnitie of one faith Vnitie of the same externall profession and worship of God by the same rites and Sacramentes If we receaue euerie Prince in his Realme for Head of the Church these three Vnities can not long be conserued For as for the first Vnitie though our Aduersaries would say that it may well be conserued in CHRIST who is the principall and onely principall and absolute Head yet because CHRIST is now ascended to his Father and conuerseth no more visibly amongst vs besides him the Church which is a Visible Congregation and bodie standeth in neede of a visible Head else should she be visibly headlesse and imperfect And therfore as scripture hath declared CHRIST for our soueraine and invisible head Ioan. 10 Vnum ouile vnus Pastor One fould Ephes 1. one Pastour And againe Ipsum dedit caput supra omnem Ecclesiam God the Father made him head ouer all the Church which is his bodie So doth scripture and CHRIST him self in scripture point out another vnderhead and visible Pastour Mat. 16. saying Thou art Peter and vpon this Rocke will I build my Church and againe Pasâ—e oues meas feede my sheepe that is all Christians Ioan. 21 and so PETER was in his time and his successour the Pope now is Chiefe Head and visible pastour ouer all Christians and consequentlie ouer all Bishops euen in a Generall Councell vnlesse they will denie them selues to be the sheepe of Christ. And this Vnitie was necessarie to conserue the other Vnities of faith and eternall profession and worship of God by the same SacrameÌ„tes For diuers visible Heades would not so easilie agree amongst them selues it being a naturall thing for meÌ„ in equall authoritie to striue to drawe all to their partie Whereupon S. CIPRIAN sayth Cypria lib. 4. ep 9. lib. 1. epist 8. lib. de vnit Eccl. That the Church is Plebs suo sacerdoti adunata The people vnited to their Priest And that Non aliunde natae sunt haereses aut orta schismata nisi quod vni sacerdoti Dei ab vniuersa fraternitate non obtemperetur Not from any other source heresies or schismes are risen then for that obedience is not giuen to one Priest of all the fraternitie For why Exordium ab vno proficiscitur Primatus Petro datur vt vna Christi Ecclesia vna Cathedra
monstretur The beginning is taken from one and the Primacie is giuen to PETER that one Church and one chaire may be shewed Cypr. ep ad Iubaianū Hier. lib. 2. contra Iouin And in his Epistle to Iubaianus Ecclesia quae vna est super vnum qui Claues accepit voce Domini fundata est The Church which is one is by the voice of our Lord founded vpon one who hath receiued the Keyes And S. HIEROME sayth Inter duodecim vnus eligitur vt capite constituto schismatis tollatur occasio Amongest twelue one is chosen that the Head being appointed the occasion of schisme may be taken away But if we admit euerie King as Head of the Church in his Kingdome we shall not haue one visible Head but manie and those also verie diuers For as Kings claime supremacie in causes Ecclesiasticall because they are supreme Princes for the same reason may the senate in Venice Genua and Geneua challenge the same Authoritie Whence followeth that vnitie in faith and Sacraments vnder so diuers Heads cannot any long time be retained but we should haue as many Religions as Kings and as many diuers and independent Churches and Kingdomes for one King will not depend either for him selfe or his people of an other 12. This diuision we see alreadie proceedeth from these diuers Heads Haue we not seene how Religion in England hath changed with our Kinges since they challenged supremacie of our Church King HENRIE the Eight in the six and twentith yeare of his Raigne in the Parlament holden at VVestminster the third of Nouember 1534. enacted that the King should be reputed the onlie supreme Head in earth of the Church of England and should haue aswel the Title and stile as all honours authorities and commodities belonging thervnto and all power also to redresse all Heresies errours and abuses in the same and the yeare before also the fiftenth of Ianuary the King and Parlament decreed That no Appeales should be made to Rome no Annates or Impositions should be paied to the Bishop of Rome no sutes should be made to him for licēre or dispensation And yet in the Parlam̄et holden at Westminster anno Domini 1554. the first and second yeare of King PHILIP and Queene MARIE obedience was restored to the Church of Rome and all statutes repealed which derogated to the Authoritie and honour of the Sea Apostolick and the Title of the Kings supremacie in causes Ecclesiasticall was reiected After this notwithstanding was the same Authoritie taken againe by Queene ELIZABETH in the Parlament Anno Domini 1558. Anno 1. regni Elizab die 13. Ian. Likewise in the Parlament holden by King HENRIE the Eight in the one and thirtith yeare of his raigne and eight and twentith of April and in the yeare of our Lord 1537. these six Articles were enacted The Six Articles The Reall presence of the true and naturall Bodie and bloud of Christ vnder the formes of bread and wine without the substance of bread and wine 2. That Communion vnder both kindes is not necessarie for the people 3. That Priests cannot marrie after Priesthood 4. That Religious after their vowes cannot marrie 5. That Priuate Masses are according to Gods law and to be allowed 6. That Auricular Confession is expedient and necessarie And yet this statute was qualified and repealed by EDWARD the sixt his sonne and as yet a Child in the yeare of our Lord 1547. 4. Nouemb. and first yeare of his raigne After that againe the self same six Articles were receiued and confirmed in Queene MARIES raigne in the first Parlament an Domini 1553. 24. Octob. and in another an Domini 1554. Likewise King HENRIE the Eight in the Parlament holden the 22. of Ianuary and 34. of his raigne in the yeare of our Lord 1542. condemned Tindals Translation of the Bible and all bookes written against the Blessed Sacrament and forbad the Bible to be redd in English in any Church which statutes were repealed by King EDWARD at VVestminster an 1. Edu 6. Domini 1547. And yet the former statute of King HENRIE was renewed by Queen MARIE in the first yeare of her raigne an Domini 1553. and repealed againe by Queen ELIZABETH in the first yeare of her raigne So that if Kings be heads of the Church and haue supreme Ecclesiasticall Iurisdiction we shall haue as many Religions almost as Kinges And euen as King HBNRIE the Eight after his vsurpation of the supremacie changed his wiues and made his mariages lawfull and vnlawfull his children legitimat and illegitimat at his pleasure and by Authoritie also of the Parlament which durst not gainesaie so euery King shall haue authority to change religion and must be obeyed as the onlie supreme Head in earth of the Church For as King HENRIE the Eight and his young Sonne King EDWARD and his Daughter Queene ELIZABETH challenged Authoritie to redresse errours and correct heresies to giue validitie to all Ecclesiasticall lawes and Synodes as King HENRIE made it Heresie to denie the Reall Presence so another King of England or of another Kingdome may decree the contrarie As King HENRIE forbad Priests to marrie so another King will permit them to marrie As King HENRIE commanded the Bibles to be read and diuine seruice to be sayd and song in Latin so another will like better of the vulgar tongue of his owne Countrie and if you say that the King is tyed to the word of God euerie one of them will say that they follow the word of God hauing the Authoritie to iudge of heresies and consequentlie of the true meaning of the word of God 3. Sixtlie if Princes were Heads of the Church a ridiculous consequence and of which euen the Kinges and Queenes of England haue bene ashamed would follow to wit that they may preach minister Sacramentes excommunicate call Councels and sit as iudges in them c. For if the Prince be supreme head he is also supreme Pastour of the Church of his Kingdome for Head and Pastour in this kind is all one In Tortura Torti And this D. ANDREWES graunteth and prooueth by the example of DAVID to whom the people sayd That God had sayd vnto him Tu pafces populum meum Israel 2. Reg. 5 Thou shalt feede my people of Israel VVheras there only mention is of a Temporall Pastour gouernment and feeding as appeareth by the words following Tu eris Dux super Israel Thou shalt be Captain ouer Israel Gen. 45. And in this sence IOSEPH said Ego te pascam I will feede thee meaning his father IACOB So that if the Prince be Head of the Church he is Pastour but it pertaineth to the office of a Pastour to gouerne his sheepe by lawes to feede them with bread of the word of God Matt. 4. by which the soule liueth and the Sacraments to seuer an infected sheepe from the flocke by excōmunication least it infect the whole and consequentlie if the King be supreme head
matter of faith when as thou knowest not the mystieries of faith And yet againe to the same purpose he addeth Soluimus quae sunt Caesaris Caesari quae sunt Dei Deo c. VVe haue payed to Caesar what was Caesars Tribute is Caesars it is not denyed the Church is Gods therfore it must not be giuen to Caesar because the Temple can be no right of Caesars No maÌ„ can deny but that this is spokeÌ„ with Caesars honour For what more honorable then for the Emperour to be called the sonne of the Church Which when it is sayd it is sayd without sinne it is sayd with grace Imperator enim bonus intra Ecclesiam non supra Ecclesiam est for a good Emperour is within the Church not aboue the Church The like libertie of speech he vseth also in an Epistle to his sister Marcellina Ambr li. 5. cit ep 33. ad Marcellinam sororem Mandatur denique Trade Basilicam c. To be briefe the Emperours commaund is Deliuer vp the Church I answer it is neither lawfull for mee to deliuer it nor expedient for thee O Emperour to take it Thou canst by no law spoile or ransake the house of any priuat man and thinkest thou that the house of God may by thee be destroied and ruinated It is alleaged that to the Emperour all thinges are lawfull all thinges are his I answer doe not ô Emperour charge thy selfe as to thinke that thou hast Imperial right ouer diuine thinges Do not extoll thy selfe but if thou wilt raygne longe be subiect to God It is written Mat. 22 What is Gods to God what is Caesars to Caesar To the Emperour Palaces do belong to the Priests Churches To thee is committed the care and charge of publick walles not of those that be holy If S. AMBROSE would not yeeld a Church or Chappell to the Emperours disposition would he if he had liued in King HENRIE the Eight his time and in England haue permitted him to seaze vpon all Abbayes Abbay lands and Churches belonging vnto them Or would he or S. ATHANASIVS or HOSIVS haue permitted him to sitt in Parlament as supreme Iudge in matters not only temporall but Ecclesiasticall or if they had seene Cromwell appointed King Henrie the Eights Vicaire Generall in Spirituall causes taking place aboue all the Bishops and Archbishops in their Conuocation would not ATHANASIVS haue called it the Abomination of desolation 14. Bilson in his Difference pa. 174. Andr. in Tortura Tortipa 169. Field li. 5. de Eccles cap. 53. To this Argument Doctour BILSON Doctour ANDREWES and Doctour FIELD answere that Constantius and Valentinian the younger were reprehended by these Fathers not for medling in Councels and Ecclesiasticall affaires but for tyranizing ouer Bishops and for partiall and vniust dealing But if these Fathers had meaÌ„t no otherwise they would not so absolutly haue reprehended medling in Ecclesiasticall matters but would onlie haue inueighed against the abuses For if a Pope who is in deed Head of the Church should abuse his Authoritie in Councels or Ecclesiasticall Iudgments though euen a Catholick who takes him for supreme Head might reprehend the abuse Athan. supra yet he could not saie to him as ATHANASIVS did to Constantius If this be the Iudgment of Bishops what hath the Pope to do with it Nor could he say to the Pope as he did to the Emperour VVhen was it euer heard from the beginning of the world when did the Iudgment of the Church take Authoritie from the Pope Neither could he haue sayd to the Pope Hosius supra as HOSIVS sayd to the same Constantius VVhen was the Emperour present to wit as Iudge for as Protectour and hearer he knew and saw CONSTANTIN the Great present in the Councell of Nice in Ecclesiasticall Iudgments Neither could he haue sayd to the Pope as the same HOSIVS saieth to Constantius Do not intermeddle in Ecclestasticall businesses nor do thou command vs in this kind but rather learne these thinges of vs. Much lesse could those wordes of S. AMBROSE Ambros supra which he so bouldlie spake to Valentinian haue been sutable to the Pope or any supreme Head Ecclesiasticall VVhen didst thou heare ô most Clement Emperour Pope that any of the laitie Clergie Iudged Bishops in a cause of faith Much lesse could these other words of S. AMBROSE haue been fitting a Pope or any supreme head Ecclesiasticall A good Emperour Pope is in the Church not aboue the Church Nor could S. AMBROSE haue denyed so peremptorily to deliuer a Church or Chappell to the Emperour if he had deemed him supreme head of the Church much lesse could he haue alleadged that reason of his denyall To the Emperour Pallaces appertaine to the Priest Churches for if the King be supreme Heade of the Church then Churches pertaine to him as well as Pallaces 15. But let vs heare another Father S. Chrysost ho. 4. de verbis Isaiae 2. Paral. 26. CHRYSOSTOME pondering the audacious fact of King OZIAS who in the pride of his power victories and former vertues arrogated to him selfe the Priests office hath these words Rex cum esset Sacerdotij Principatum vsurpat Volo inquit adolere incensum quia iustus sum Sed mane intra terminos tuos alij sunt termini Regni alij termini Sacerdotij Being a King he vsurpeth the power of Priesthood I will sayth he offer incense because I am iust But stay within thy limits Others are the bounds of the Kingdome others of the Priesthood If then the King hath his limits prefixed and contained within the Kingdome it followeth that he cannot intermeddle him selfe as a superiour in Ecclesâ—asticall causes but he shall passe his limits The same Father in his next Homelie hath these words Chrysost hom 5. de verbis Isaiae which are worthy the marking Quanquam nobis admirandus videatur Thronus Regius ob gemmas affixas aurum quo obcinctus est tamen rerum terrenarum administrationem sortitus est nec vltra potestatem hanc praeterea quicquam habet Authoritatis Verum sacerdoti Thronus in Coelis collocatus est de coelestibus negotiis pronunciandi habet potestatem Although the Kings Throne seemes to vs worthy to be admired for the pretious stones wherwith it is besett and the gould wherwith it is couered yet the King hath only the administration of terrene things neither hath he beyond this power any further Authoritie But to the Priest a throne is placed in HeaueÌ„ and he hath power to pronounce senteÌ„ce of heauenly businesses and affaires appertaining vnto heauen 16. Tenthlie I proue this veritie by the Arguments wherwith in the former Chapter I haue prooued that Kings Christian by baptisme are made subiects of the Church as much as is the lowest Christian and that not onlie Popes but inferiour Bishops haue challenged superiority ouer them which also Princes from the beginning haue euer acknowledged For if Princes in matters Ecclesiasticall be
by the peoples consent and although IOAS who was the right heyre was yet liuing yet because that was not knowen it seemeth that the people generallie consented to ATHALIA which consent was sufficient to make her lawfull Queene otherwise we must call in question the Titles of many Kings whose Predecessours entred into the possession of their Kingdomes by violence and inuasion and without all Title and yet afterwards prooued lawfull Kings by the common reception and consent of the people actually raigning for some time with expresse or tacitt consent of the people giuing à sufficient Title At least this example sheweth that the High Priest might be Iudge of the Kings right and Title which was to meddle in a Temporall matter and no lesse then a Kings Title 5. ELIAS also though a Prophet onlie 3. Reg. 18 4. Reg. 1. 2. and no Temporall Prince consumed by fire from Heauen OCHOSIAS Captaines and their fifties and made a massacre of Iesabels false Prophetes Againe ELISEVS his scholler by his curse sett Beares vpon those vngracious boyes who called him by scorne Bald-pate he stroke Giezi with the leprosie which he had taken from NAAMAN for his symonie Certes ELIAS was so famous for chrastizing rebellious Princes and their Captaines Eccl. 48. that Ecclesiasticus pronounceth thus of him VVho didst cast downe Kings to destruction and didst easilie breake their might and the glorious from their bed And howbeit they did this by extraordinarie and Propheticall power yet these examples shew how it is not vnbeseeming Spirituall power to controule sometimes Princes and to punish them euen temporally when Gods glorie and his Churches right and honour requireth it Num. 25 I could alleadge the example of MOYSES who caused the Princes to be hanged on Gibbets against the sunne for communicating with the Moabites in sactifice Exod. 32 who also by the assistaÌ„ce of the sonnes of LEVI killed aboue three thowsand for adoring the Goulden Calfe But I will come to the Newe law and see what proofes it yeeldeth 6. The new law though it be the law of Charitie not seueritie loue not feare yet it is not without examples of Temporall punishment vsed euen by the spirituall sword 1. Cor. 5 1. Tim. 1 S. PAVL excommunicated the In cestuous Christian as also Hyminaeus and Alexander and deliuered them vp to Satan for the destruction of the flesh for in the Primatiue Church to excommunication was annexed a Temporall punishment D. Th. 3. p. in Addit q. 21. a. 2. ad 3. Act. 13. by reason that then when any was excommunicated the Deuill by and by possessed him and tormented him corporally In the new law I behould S. PAVL stricking Elymas the Magician with corporall blindnes for hindring the fruict of the Ghospell Act. 5. and I find S. PETER pronouncing sentence of present death against Ananias and Saphira his wife for defrauding the Apostles in the price of the peece of land which they had vowed And although this also they did by the guift of miracles and extraordinarie prerogatiue of their Apostleship yet this sheweth that TeÌ„porall punishment doth not altogether surpasse the actiuitie and force of Spirituall power 7. Secondlie I prooue this by another Argument drawne from the persons of theÌ„ on whom it seemeth the Church may by warrant of scripture inflict Temporall punishment such as are obstinat Hereticks disobedient Princes to the Church D. Kellyson Rep. p. 185. Deut. 13 Blasphemers persecutours c. which examples a writer of this tyme alleageth though to another end In the old law which was a figure of the new false Prophets who persuaded to follow false Gods were slaine and stoned to death and the whole Citie that permitted worship of straunge Gods was commanded to be sacked and vtterly destroyed Deut. 17 And as we haue seene whosoeuer stubbornlie disobeyed the High Priest in matters pertaining to the law was to be killed And shall the Heretick stubborne against the Church who persuadeth vs to follow straunge Religions goe scotfree The person that was infected with a Corporall leprosie Leu. 13â— was separated from all societie and shall obstinat Hereticks prefigured by such infected and infecting persons be permitted to conuerse with vs yea to rule and gouerne amongst Christians heresie being a spirituall leprosie Aug lib. 2. quaest Euang. cap 40. Leu. 24. which mixeth falsehood with truth as a leprosie infecteth some parts of the flesh others remaining sound and infecting not only the bodie as that doth but euen the soule The blasphemer in the same law was by Gods owne mouth commanded to be cast out of the Camp and to be stoned of the people and shall the heretick in words commonlie blasphemous in deeds sacrilegious be permitted in the Church and not be cast out by Censure of excommunication Leis. 20â— and by death also when that will not serue NADAD and ABIV though sonnes of AARON for vsing straunge fire in their Censors were deuoured with fire from heauen Nu. 16. CHORE DATHAN ABIRON and HON for arrogating vnto them Aarons office were swallowed vp by the Earth and shall the Heretick who inuenteth straunge doctrines and who commonly without right ordination or vocation arrogateth Priestlie Authoritie be free from all Temporall punishment he commonly contemning all spirituall Censures Matt. 7. Ioan. 10. No no an heretick is a woolf and consequentlie to be driuen from the fold with stones and clubbes he is a theefe and so to be hanged he is a Canker Ioau 10. ergo to be burned and seared he is a false Coyner that is a deprauer of Gods word ergo to be hangâ—â— drawne 2. Tim. 2. Lib. 2. 3. de falsâ— moneta Mat. 13. Iudae 1. and quartered he is cockle ergo to be pluckt vp by the rootes least he hinder the growth of the good corne he is a tree of Autumne vnfruitfull twise dead being deuoid both of the life of faith and charitie ergo to be cast into the fire he is an euill humour ergo to be purged and expelled Mat. 7. he is a rotten and rotting member ergo to be cutt of least he infect the whole bodie 8. Thiralie I prooue this out of those verie wordes by which S. PETER was constituted supreame Pastour vnder Christ and vnder-Head of the Church Pasce oues meas Ioan. 21. Feed my sheep for to a Pastour it appertaineth to rule and gouerne his sheepe to feede them to cure them and to defend them from the woolfe or rauenous beast VVherfore S. PETER and his successour the Pope being the supreame visible Pastour of the Church is not onlie to rule and gouerne them by lawes nor onlie to feede them by the word and Sacraments nor only to cure and correct them by spirituall Censures but if they beinfected and infecting sheepe he may not only separate them from the Church by excommunication but also if they contemne that punishment by deposition and depriuation
of their Kinglie Authoritie and if the woolfe come he may not only crie out against him by denouncing Gods law and Iudgements nor only strike him with his spirituall staffe but he may also vse euen the Temporall Club to chase him from the flocke and fould as many worthy Prelates of the Church haue done whose examples we shall anon alleadge And yet this not withstāding there shall still be a difference betwixt the Pope and the Temporall Prince because the Pope is to vse in the first place his spirituall glaiue and not to meddle with Kinges Regalities or temporall armes but onlie when it is necessarie for the good of the Church and when the Spirituall censures will no◠suffice the Prince is to vse Temporall armes and not to meddle with the Spirituall at all 9. Mat. 18. The like Argument I deduce out of these wordes of CHRIST Si Ecclesiam non audierit sit tibi tanquam Ethnicus Publicanus If he will not heare the Church Chrysost in hunc locum let him be to thee as an Ethnike and Publican By the Church are vnderstood the Prelates of the Church and especially the Chiefe Prelate the Pope who gouerneth and commandeth in the Church and so this place is like to the former place of Deuteronomie Deut. 17 For as God there sayth that he that will not obey the high Priest shal be sentenced to death so here CHRIST sayth that he who will not obey the Pastours and especiallie the high Pastour shall be holden as an Ethnick and Publican that is by excommunication shal be cast out of all societie of the Church for with the Ethnikes and Publicans the Iewes had no commerce nor communication If then he contemne this censure of the Church the Chiefe Pastour may take his armes from him by which he molesteth her and seing that his Temporall power is that which is his Chiefest weapon the High Pastour may depriue him of it else the high visible Priest of the New law should be inferiour to the High Priest of the oulde law and MOYSES should be preferred before CHRIST and the Synagogue before the Church To make this deduction of more force I obserue that this place conuinceth that the Pastour of the Church may separate a disobedient Christian from the societie of the rest which is a Temporall punishment being a priuation of Temporall conuersation whence it followeth thar if the disobedience and default deserue it he may also depriue a Prince of his Crowne and Temporall Authoritie that being also a Temporall paine Which Argument shall be confirmed more hereafter 10. Many also and not improbablie alleage for proofe of that which hath bene said those words of our Blessed Sauiour to his Apostles Mat. 18. Whatsoeuer you shall binde vpon earth shall be bound also in heauen and what soeuer you shall loose vpon earth shal be loosed also in heauen For although this power of binding and loosing giuen to the Apostles and their Successours especiallie the Chiefe Pastour hath for her ordinarie functions loosing or detaining sinnes excommunicating or absoluing dispensing in vowes and oathes c. yet the wordes being generall VVhat soeuer you shall bind vpon earth it seemeth that they should not so be restrained but that they may be extended to loosing and absoluing euen from Temporall allegeance and obedience to the Prince when obedience to the Prince can not stand with the conseruation of the Churches right or faith for which that power was giuen And if the Pastour may free the subiects in this case from all obligation of obedience or dutie to the Prince he may make them no subiects and consequentlie the Prince no King nor superiour for the Prince and subiects are correlatiues which are of this nature that one cannot be without the other and one destroyed the other is destroyed VVherfore if the Chiefe Pastour of the Church can absolue the subiects from their allegeance be can make them no subiects if he can make them no subiectes he can make the Prince no Superiour and consequentlie depriue him of all Temporall Authoritie by which he is Superiour VVherevpon not only the learned writers of this time Cardinall BELLARMINE SVAREZ SCHVLKENIVS and others but also some of the auncients haue vnderstood this place of loosing in some case euen from Temporall allegeance S. GREGORIE the Seuenth who deposed HENRIE the fourth Emperour of that name in his depositiō which BARONIVS alleageth Baron tom 11. Anno 1080. num 11. calling vpon S. PETER and S. PAVLE sayth thus Agite nunc quaeso Patres Principes sanctissimi vt omnis mundus intelligat cognoscat quia si potestis in Coelo ligare obsoluere potestis in terra Imperia◠Regna Principatus Ducatus Marchias Comitatus omnium hominum possessiones pro meritis tollere vnicuique concedere Goe to now I pray you ô most holy Fathers and Princes that all the world may vnderstand and know that if you can bynde and loose in heauen you can in earth take away according to their deserts from euerie one and giue to others Empires Kingdomes Principalities Dukedomes Marquisdomes Counties and all mens possessions So INNOCENT the fourth in the Councell of Lions and in the deposition of FREDERICK the second expoundeth the same and warranteth therby his authority in deposing And thus much concerning proofes of the Popes authority out of scripture for deposing Princes and punishing Hereticks and rebelles to the Church by Temporall chastisements CHAPTER IX By Theologicall arguments grounded in principles of faith and the Nature of the Church as it is an absolute Common wealth the same power of the Supreame Pastour is prooued 1. WHat proofe holie Scripture yeeldeth for this veritie we haue seene in ther former Chapter Now let vs see what proofe reason grounded in faith and the Churches Nature can afforde vs. My first Argument I deduce from the comparison before mentioned betwixt the Spirituall and Temporall power by which I haue made it manifest that the Spirituall power exceedeth the Temporall as in many other things so in inflicting penalties and punishments for the Temporall power can onlie punish the bodie the Spirituall can chastize the soule that power can only decree and indict Temporall penalties and mulcts this can lay spirituall Censures and bonds vpon the soule euen excommunication This power which the Church hath to excommunicate I haue aboue in part prooued out of diuerse places of Scripture which here with some others I shall alleadge againe for my present purpose For to omitt that S. PAVL excommunicated that Incestuous Corinthian 1. Cor. 5. 1. Tim. 1. Tit. 3. 2. Thes 3. 2. Ioan. 1 2. Cor. 10 as also Hyminaeus and Alexander he insinuateth the same power where he commands vs to shunne hereticks and not to say Aue vnto them As also where he sayth Arma militiae nostrae non carnalia sunt sed potentia Deo ad destructionem c. The weapons of our warfare are not
are necessarie meanes to attaine to the end of the Spirituall power which is conferuation of the Church and faith and the attaining of life euerlasting And so as S. THOMAS saith D. Th. 2. 2. q. 40. a. 2. ad 3 Omnis persona velars vel virtus ad quam pertinet finis habet disponere de his quae sunt ad finem Euery person or art or virtue to which the end belongeth may dispose of those things which are for the end Seeing then that God hath ordained Temporall things to the saluation of our soules and consequently to the Churches conseruation when the Chiefe Pastour whose office is to bring vs to our Spirituall end seeth that Temporall things are necessarie to that end he can not only command but also dispose of them Turrecr lib. 2. de Eccl. ca. 114. Hereupon TVRRECREMATA also vsinge the like Argument sayth To him that can dispose of the end it pertaineth to dispose of the meanes and to remoue also the Impediments as it is manifest in the Phisitian and sickman who because they haue Authoritie to procure health may make choise of the meanes and may remoue the Impediments of health VVherfore seing that the Chiefe Pastour is to looke to the soules health of his subiects he may not onlie command Temporall things but also dispose of them to that end and may remoue them when they are impediments to that end And because the King and his Kingdome are comprehended in the number of Temporall things which are ordained to the conseruation of the Church and the Spirituall end for God maketh a promise to his Chureh by the Prophet Esay Esai 49. That Kings shal be her Nurcing Fathers and that with a countenance cast downe to the ground they shall adore her Esai 60. and threatneth that the Nation and the Kingdome that shall not serue her shall perish it followeth also that when the Churches right and faith can not otherwise be conserued the Chiefe Pastour may dispose of the Kings Crowne and Kingdome hee in that case being subordinate to the Church and Christian faith Neither will VViddringtons answere serue to wit that in this case they are to be directed and commanded by the Chiefe Pastour for the conseruation of the Church but cannot be by him disposed because the argument prooueth more to wit that if the Chiefe Pastour can not only command in spirituall matters which are greater but also may dispose of them he may also dispose of the Temporall which are lesser they being in some case subordinate to the end of the Spirituall power which is conseruation of the Church and faith and procuration of eternall saluation 3. A second Theologicall Argument may be deduced from the Authoritie The Second Theologicall Argum. which the Church hath ouer Temporall power for as aboue I haue shewed the Spirituall power of the Church is not onlie Superiour to the Temporall in dignitie but also if they who haue this Temporall Authoritie be baptized in Authoritie of commanding not only in spirituall matters but also in Temporall when they hinder the Churches good or are necessarie for the Churches conseruation And therfore if the Prince make a Ciuill law which derogateth to the Church the Pastour can command them to alter or to abrogate it S. GREGORIE corrected MAVRITIVS the Emperours law Gregor lib. 7. Indic 1. by which he forbad souldiers to enter into Religion So S. AMBROSE though no Pope but Archbishop of Milan commanded Theodosius the Emperour Theodor. li. 5 cap. 17. 18 who had caused seuen thousand at Thessalonica to be killed for a sedition made against the Magistrates to make a new law by which he was so restrained that when he should condemne any to death or confiscation of goods the sentenee should not be executed till 30. daies after that he might haue time to iudge better when the furie of anger was past And the Canon law is full of commandementes of the Pope to Princes euen for the disposition of Temporall things Widdr. in Apol. n. 93. num 97.101.141 139.377 378. which also Widdrington graunteth For in his Apologie for the right of Princes he oftimes repeateth that the spirituall power can direct command and compell by Censures the Princes to make lawes which are necessarie for the Churches conseruation and to abrogate lawes which are iniurious to her and so to dispose Temporall things as they shall not preiudice the Church but rather serue her for her necessarie conseruation Widdr. Apolog. n. 197. Yea sayth he Potest Ecclesia propter instantem sui ipsius necessitatem praecipere vel prohibere vsum gladij materialis The Church when necessitie vrgeth can command or forbid the vse of the materiall and temporall sword And then say I if the Chiefe Pastour can command the Temporall power scepter and sword when the necessitie of the Church requireth he may also dispose of the Temporall power scepter and sword Widdr. in Apol. Resp nu 28. This consequēce Widdrington often tymes denieth but with how little reason we shall see brieflie For although euerie one that can command can not dispose yet Princes may I graunt the Ghostlie Father can command his Penitente to giue Almes and the Penitent shall be bound vnder sinne to obey yet he shall not therfore loose the proprietie and dominion of those his goods which he should haue giuen in almes Yea I graunt that the Prince when he commandeth his subiects to contribute for his warres or other necessities of the Realme doth not alwaies by and by depriue them of their dominion and proprietie but yet I say that as he can command Temporall things for the necessitie of the Realme of which he hath charge so he can by his absolute power called Dominium Altum when it is necessary for the Common wealth not only command but also take those goods from them and depriue them of the same as in many other cases he also confiscateth their goods and depriueth them of Dominion VVherfore seing that the Pope is the supreame visible and spirituall Prince of the Church he may not only command Christian Princes his subiects to vse their Scepter Authoritie and sword to the necessarie conseruation of the Church and especially not against the Church but may also if they contemne his commandement and Spirituall Censures for the necessarie conseruation of the Church and faith dispose of them else he were inferiour to the Prince and had not Authoritie sufficient for the conseruation of the Church which is committed and commended to his charge 4. The third Theologicall argument The third Argument shall be grounded in the Nature of the Church as it is a Common wealth for the Church is an absolute Common wealth not subordinate to any other as the Kingdome is to the Chiefe Pastour and Church Now it is so that euerie absolute Common wealth to wit which is no part nor is dependent of another hath power not onlie to
pag. 90. VVhat sayth our learned Country man Doctour SANDERS yf the Bishop should see a souldiour running through the streets with his sword drawn readie to kill euerie one that meeteth him might not the Bishop command some to take his sword from him for the defence of the people and especiallie the Clergie if he may giue one commission to take the sword in such a case from the souldiour why might he not take it from the Captaine yea Prince and Emperour 2.2 q. 10 art 10. Hence it is that the Angelicall Doctour S. Thomas sayth that the Church may free Christians from subiection to Pagan Princes and take from the Princes their Prelacie and Dominion ouer them Yea he sayth that the Church may though she vse not so to do free also Christians subiect to Pagan Princes though the Princes be not subiect temporallie to the Church 6. Secondlie hence I gather The secōd sequel that the Church may make not onlie defensiue but also offensiue warre against any other Prince or Common wealth that shall notably molest or persecute her or invade her Ecclesiasticall right For the Church is an absolute Common wealth subiect at least in Spirituall matters to no other Wherfore as England if it were notably wronged by France might wage warre euen offensiue against it and might not onlie defend it selfe from present wrong but might reuenge it self also of iniuries past so may the Church make warre euen offensiue against both Christians and Pagans for maintenance of her right for although Pagans by reason that they are not baptized and so not subiect to the Church can not be excommunicated or otherwise Spiritually punished by her as rebellious Christians may yet they may be temporally punished by temporall warre in regard that they are subiects as much as is required to inflict temporall punishments ratione delicti by reason of the wronge For so France is not now subiect to England and yet if it should wrong England notably England might punish it by temporall warre because it is subiect at least in this respect ratione delicti by reason of the offence and wrong offred And if the Church may wage warre offensiue against Pagan Persecutors whome she cannot punish Spiritually much more may she against Christian persecutours and Spirituall Tyrants that inuade her right and persecute her faith else she were not an absolute Common wealth nor had not sufficient Authoritie to defend and maintaine her state The sequel 7. Thirdlie If one absolute and independent Common wealth may wage warre defensiue and offensiue against another which is iniurious though otherwise not subiect much more may the Church against the Ciuill Common wealth seing that this is an inferiour state and truly subiect in Spirituall matters For if when two absolute and indepēdent Common wealthes are opposite that which is nocent and offereth wrong must yeeld to that which is innocēt and endureth wrong though otherwise it be neither subiect nor subordinate much more when the Ciuill Common wealth is opposite to the Church and that offreth wrong this receaueth ought the Ciuill Common wealth to yeeld to this it being not altogether absolute but subordinate and subiect therunto 8. But our Aduersaries obiect that the Church hath no Temporall An obiection but only a Spirituall sword and so can onlie excommunicate and inflict Censures but can neither defend nor offend by Temporall armes but rather when her Spirituall sword will not suffice she must haue patience hauing no other weapons to vse And to this purpose they cite those wordes of S. PAVL 2. Cor. 10 The weapons of our warfare are not carnall and those also of the same Apostle 2. Tim. 2 No man being a souldiour to God intangleth him selfe with secular businesses Yea they vrge euen these wordes of our Sauyour Mat. 26. Retourne thy sword into his place And they tell vs plainlie that the Church that is Ca. Clerici c quicun que 20. qu. 8. cap. cos qui 20. q. 3. The Answer Clergie men are forbidden by her own Canōs to make warre To this I haue an easie answer yea many answers First I answer that the ordinarie weapons of the Church are spirituall but when they will not serue for her defence in some cases she may vse temporall armes Secondlie I answer that the Church hath none but Spirituall armes that is spirituall power but by this power she can not only punish Spiritually but also Temporally and by it she can not only dispose of spirituall goods but euen of the Temporall when it is necessarie to conserue the faith and authoritie of the Church Thirdly to answer distinctly to euerie parcell of the obiection I say that the first place is vnderstood of the spirituall power of the Church which is not Temporall nor carnall but spirituall but as this power directlie and ordinarilie medleth only with spirituall matters and pumshments so indirectly and in some cases for the necessarie defence of the Church it can command the Temporall glaiue and handle it also when Princes at her commandement will not vse it to her end The other place forbiddeth only Clergie men to be to much sollicitous and studious about Temporall affaires The third place only forbiddeth to vse the sword for reuenge and by priuat authoritie And therfore after CHRIST had bidden S. PETER put vp his sword 1. Pet. 2. he addeth that all that take the sword shall perish with the sword which must needs be vnderstood of priuat men who indeed take it but receaue it not from authoritie For the Magistrate who receaueth the sword from the Prince may and must vse the same for the punishment of malefactours As for the alleaged Canons which forbid Priests and Religious to goe to warre I graunt that ordinarily they must not goe to warfare because it is not beseeming their function and is for that cause forbidden but yet by dispensation of the Chiefe Pastour they may D. Th. 2.2 qu. 40. a. 2. ad 3 Caietan ibidem Bannes ibid. dub 2. cou 2. dub 3 con 1. Couar Relect. in Clement Furiosus p. 2. §. 3. n. 2. and in case of great necessitie as if otherwise the Common wealth could not be defended they may and must euen without dispensation because to this they are bound by the law of Nature frō which the law of the Church doth not derogate no more then Grace doth from Nature as all Diuines do auouch If Priests then may fight and vse their temporall sword and armes for the necessarie conseruation of the Common wealth much more may they for the defence of the Church 9. And certes if the Church could not do this in such case of necessitie CHRIST had not sufficiently prouided for her nor giuen her that Authoritie which is requisite to euerie absolute Common wealth For what if Turkes and infidels should inuade the Church ruine her Temples and Monasteries despoile her of her Bishopricks and benefices
per quem scandalum hoc venit Mat. 18. woe to that man by whom this scandall commeth 16. But to come to the examination of this Clause although Widdrington maketh no bones of it yet they that square all by conscience and the rule of faith and practise of the Church finde great and many difficulties not to be deuoured by any timorous conscience And first by all the Argumentes which hetherto haue beene produced it is as manifest that this Clause of the Oath wanteth Veritie which is the second companion and condition of a lawfull oath as it is euident that the Pope hath Authoritie to depose a Prince not whom soeuer but such a one in whome is iust cause of deposition to wit intollerable and Rebellious Tyrannie against the Church or some such like cause For if the Lutherans Caluinists and other heretickes who hould that a Prince who persecuteth their religion may be deposed and killed can not take this Oath vnlesse they first depose that conscience and chaunge their opinion much lesse can Catholicks who generally holde that the Pope can in some case depose Princes and dispose of their Kingdomes with out doing against their conscience 17. Widdr. disp Th. de IuraÌ„ Fidel ca. 2. sect 2. nu 3. ca. 3. sect 2. n. 3. Wheras VViddrington answereth that the thing which is sworne in this Oath is not that King IAMES is lawfull King and cannot be deposed but onlie that the partie who sweareth sincerelie acknowledgeth that he is lawfull King and cannot be deposed and so at least they who are perswaded that the Pope cannot depose Princes may with safe conscience and with out daunger of periurie sweare that they think he cannot be deposed I must tell him first that if this were the meaninge the Oath would litle auaile to the Kinges securitie Which yet the King sayth was intended by this oath by which he would distinguish betwixt Catholickes and be sure that they would stand for him though the Pope should depose him and would not out of that opinion that the Pope can depose a Prince atteÌ„pt any thing against him For although the subiect sweare that now at this present he is persuaded that the Pope can not depose a Prince yet seeing that many holde the contrarie he may after the Oath taken chaunge his minde either by conferring with the Doctours of the contrarie opinion or by reading their bookes and should not breake his former Oath he by that protesting only and swearing what then was his opinion Secondlie this is but a meere euasion because he that taketh the Oath sweareth from his hart and before God not onlie that he thinkes so but also that it is so and that most assuredlie it is so And this the verie wordes of the Oath do import which do make the swearer say that he doth sincerlie acknowledge and testifie in his Conscience and before God that King IAMES is lawfull King and that by no Authoritie he can be deposed Which meaning the Fourth Clause also confirmeth where he sweareth that the position and doctrine which holdeth that Princes excommunicated may be deposed and murthered is impious and hereticall By which manner of speech he not only sweareth what he thinketh but what absolutelie is to be houlden concerning such a doctrine and position Yea he doth not sweare at all what he thinketh as though his thinking were the immediat obiect of his oath or the thing which he sweareth but by those wordes I do trulie and sincerelie acknowiedge Professe and testifie in my conscience before God and the world he doth expresse his acte of swearing and protestation and by the ensewing wordes that our Soueraigne Lord King IAMES is lawfull and true King c. aend that the Pope neither by him selfe nor by any Authoritie of the Church or Sea of Rome or by any other meanes with any other hath any power or Authoritie to depose the King c. he expresseth the obiect of the oath and the thing sworne to wit that King IAMES is lawfull King of which no English Catholicke maketh doubt and that the Pope can not depose him Otherwise if by this clause were onlie intended that he that taketh the oath should sweare what he thinketh it should haue been thus expressed I.A.B. do trulie and sincerelie acknowledge professe and testifie in my conscience before God and the world that I thinke and am perswaded that King IAMES is lawfull King and that the Pope can not depose him And I demaund of WIDDRINGTON if the Kinge would make an oath to oblige his subiectes to sweare not that they thinke but that indeed King IAMES is lawfull King and can not be deposed how he could more plainlie haue expressed it then he hath And although WIDDRINGTON is not now afrayd to auerre Widdr. in his Newyearesgift Pag. 62.63 that one may not onlie sweare that he thinketh that the Pope can not depose a Prince but also that absolutelie he can not depose him yet who can lawfullie sweare with such asseueration that the Pope absolutely hath no such power knowing that there are so many Argumentes and so great authoritie aboue produced for the contrarie 18. Let vs cleere the matter by an example of VViddrington his owne alleadginge Widdr. Disp Th. cap. 3. sect 1. num 11. There are two opinions amongst Diuines touching the Conception of our B. Ladie The Thomists say shee was conceiued in originall sinne though by and by after sanctified euen in her mothers wombe The Scotists and others holde that shee was sanctified in the first instant of her conception and so neuer contracted originall sinne at all and this is the more common opinion and most conformable to the practise of the Church celebrating the feast of her sayed Conception though the other be not condemned but allowed Now I demaund of VViddrington who bringeth for him selfe this example whether a Thomist can sweare that our Ladie was conceiued in originall sinne against the other opinion I graunt to Widdrington that he may sweare that he thinketh so if in deed he bee of that opinion for in swearing that which he thinketh he sweareth no falsehood but he can not sweare with the former asseueration that absolutely shee was conceiued in originall sinne he knowing that so many Authours holde the conrraâ—ie who are also countenanced by the Churches practise and consequently knowing that it is verie probable that the contrarie is true if not truest The same and with more reason may I say to Widdrington in our present case VViddrington holdeth and so do some others whome he produceth but with how little reason and Authoritie we haue seene that the Pope cannot depose Princes nor dispose of any Temporall matters out of his owne patrimonie and Kingdome and so though he ought to depose that conscience and opinion yet so long as he is of that opinion he may sweare that he thinketh so and shall sweare no falsehood if in deed he thinke so But yet he
man euen he that thinketh it by intrinsecall principles of reason and argument to be false frame a conscience that it is probable for the extrinsecall principles as the multitude learning and vertue of the Authours that holde it and consequently might sweare that he for these principles thinkes it probable yet he can not sweare as is cōmaunded by this Oath from his hart and before God that VViddringtons opinion is true and that therefore absolutely the Pope can not depose a Prince for any heresie or rebellion against the Church because as is before sayd he knowing that many hould contrarie to VViddrington and that farre moe are against him then with him who are as likelie yea more likelie to haue found out the truth then he he can not sweare absolutely that the Pope can not in any case depose Princes for that were to sweare that a thing false as I haue prooued or at least but probable as VViddrington confesseth is so certaine that the contrarie is most certainely false which is to sweare an vntruth and to commit periurie For as it is periurie to sweare that that is true which we know to be false so is it periurie to sweare that to be absolutely true which yet is doubtfull or at least but probable 23. Hence may easilie be gathered that this Clause of the Oath wanteth all the three companions of a lawfull Oath and so cannot be taken First it wanteth Iudgement because in deed as appeareth by my former arguments there is no iust cause or reason to sweare that it is probable much lesse that it is assured which is euen by VViddringtons owne acknowledgement but probable and so it is rash and wanteth Iudgement Secondly it wanteth Veritie for besides that I haue prooued aboue that VViddringtons opinion is false derogating to faith and Church yea scriptures and reasons and consequently that to sweare that it is true were to sweare an vntruth and to committ periurie VViddrington him selfe confesseth his opinion is but probable and consequentlie to sweare that it is vndoubtedlie true and the contrarie false is to sweare also an vntruth because it is false that that which is but probable is assuredlie true Thirdlie this Clause wanteth Iustice because it is an iniurie to the Pope to sweare absolutely that he hath no power nor Authoritie to depose Princes he hauing so assured and at least as I haue prooued so probable claime and Title to this Authoritie Widdr. supra euen by VViddrington his owne confession who acknowledgeth that the Popes who deposed Princes followed a probable opinion although he must also fay that all those Popes though holie and learned committed great in iustice in deposing thē they being in possession and hauing also probable right if those Popes had but probable Authoritie as aboue I haue declared 24. This might serue to reiect this Clause as altogether vnlawfull to be sworne but yet for more full satisfaction of Catholicks in this point I will bring another Argument to prooue that it can not in consciēce be sworne Because this Clause importeth that the Pope neither by him selfe nor by any another Authority or meanes can depose the King or dispose of any of his maiesties Dominions or authorize any forraine Prince to anoy him or inuade his countries or discharge any of his subiects of their alleageance or to giue licence or leaue to any of them to beare armes raise tumults or offer violence or hurt to his Maiesties Royall person state or gouernment or any his Maiesties subiects c. Wherein also is such difficultie that I can not see how in a matter so doubtfull or not so certaine a man may sweare so peremptorily and vndoubtedly Who so pleaseth to read Franciscus de Victoria that learned Dominican shall finde that he setteth downe diuers Titles by which the Spaniards might iustly inuade subdue the Indians which Titles whether any Christian Prince may haue to inuade England or any other countrie I will not dispute but onely alleadge them that the Reader may see that it is not so euident that a man may take this Clause of the Oath in so generall termes as is lyeth Victoria his opinion being no waies condemned but rather approoued by many Victoria Relect. de Indis Insulanis Titulis quibus Barbari potuerint venire inditionem Hispanorum 25. The first Title pertaining to this matter which Victoria alleadgeth is the Authoritie which the Pope hath to send Preachers euen to Infidels much more to Christian Countries that be hereticks because ouer these he hath spirituall Iurisdiction And although Paganes can not be compelled to imbrace Christian faith yet the Christian Preachers after they haue giuen reason of their Embassage may preach by that Authoritie which CHRIST gaue to his Apostles and successours when he sayd Euntes docete omnes gentes baptizantes eos c. Mat. 28 Going therfore teach yee all nations baptizing them c. And if the Paganes would hinder their preaching or after they haue preached hinder the conuersion of Infidels and the fruit of preaching they may with the souldiours whome they carrie with them force them to permitt them to preach and to permitt all that will to heare them and not to hinder their spirituall good and conuersion and if otherwise they cannot pursue nor defend this their right they may make warre vpon those that hinder them and pursue all those thinges which are lawfull in a iust warre And by this Title saith Victoria the Spaniards might make warre vpon the Indians if otherwise they could not preach the Christian faith nor withstand the obstinate Pagans who would hinder their conuersion that desired to be Christians And thus Victoria would say that the Pope might send Preachers to England and might desire and licence some Catholicke Prince to assist and defend the Preachers in procuring hereticks conuersion And if any hereticks woulde not permitte the Catholicke Doctours to preach or would hinder the conuersion of those that would be Catholicks the forraine Prince licenced by the Pope might in manner aforesaid as Victoria thinketh for I will say nothing of my selfe make warre vpon the English and seeing that warre cannot vnles by reason of ignorance be iust on both sides the English especially who are Catholicks could not defend those that oppose them selues against this Prince who assisteth the Preachers Thus would he say but as I so honour my Prince and loue my countrie that I desire not that any such Title should take place in England so I will not dispute of it 26. Another Title sayth Victoria by which the Spaniards might make warre on the Indians is if after some of them be conuerted to the Catholicke faith the others would force them to Idolatrie for then sayth he the Spaniards might by armes defend them they being become now their freinds and fellowes 27. A third Title sayth he might be this If the Indiās by lawfull or vnlawfull meanes that is by peaceble preaching
that in this place as must signifie equalitie or identitie not similitude New-yeares-guifte Pag. 106. as VViddrington in his Newyeares-guifte confesseth that sometimes it doth in regard of the matter And so by this Clause wee are to abiure that Position not as like to heresie but as all one with heresie trulie heresie Thirdlie it is at least doubtfull least this may bee the sense to witt that the position is truelie heresie speciallie seing that the wordes and manner of speeche as WIDDRINGTON confesseth are to bee taken in the Common sense and according to the Lawemakers intention ergo this is a clause not to bee digested by anie tymerous conscience nor by any other then by an all deuouring conscience The Fift Clause And I do further beleeue and in conscience am resolued that neither the Pope nor any person whatsoeuer hath power to absolue me of this Oath Sayrus in Claui Regia li. 6. ca. 11. n 7. Lesfius li 2. de iust et iure cap. 40. dub 17. num 114. Arragon 2.2 q. 88. art 10. in expl art §. his cōstitutis Psal 75. or any part thereof 55. In this Clause first is abiured all power to dispense in oathes and vowes which is hereticall it being a matter of faith conformable to common consent and to the Canons and practise of the Church that the Pope can dispense in oathes and vowes when there is iust cause And if in other oathes why not in this VViddrington perchaunce will answere that this Oath of Alleageance bindeth by law of God and Nature in which the Pope cannot dispense But he cannot be ignorant that all oathes and vowes do bynde by law of God and Nature according to that Psal 75. Vouete reddite Vow and render And yet if hee will be a Catholicke he must confesse that the Pope can and often times hath and doth dispense in some oathes and vowes as in a vow to make a longe pilgrimage or to giue a summe of mony to a Church or Monasterie which are temporall things though ordained to a spirituall end and why then can he not dispense in this for a good end to wit conseruation of faith and vpon iust cause as certes if euer there be iust cause to dispence then there is when the Prince with intolerable Tyrannie persecuteth faith and Religion 56. And therefore VViddrington should call to minde that distinction which Diuines vse in this matter to wit that there is duplex ius dininum naturale Sanchez lib. 2. de matrim disp 14. n. 5. ad 4 lib. 8. disp 6. n. 1. a two fold diuine and naturall law or right The one is absolute deriued onely from God and Nature the other supponit factum vel voluntatem humanam that is supposeth some fact or will of man Of this sorte are oathes and vowes which binde not absolutely but only supposing some fact or will of ours by which wee sweare or vowe what otherwise we needed not And although in all such things the Pope cannot dispense for he can not dispense in matrimonie consummated nor in matrimonie betwixt brother and sister nor in pluralitie of wyues which yet suppose some fact or will of ours yet he can dispense in vowes especiallie simple yea and in those that be solemne also as many Diuines do probablie holde He can also dispense in oathes alreadie made when there is iust cause for seeing that these vowes and oathes suppose our free will and consent and are such also as it is expedient that the Pope many times should dispense in them such as is not matrimony consummated nor mariage betwixt brother and sister nor pluralitie of wiues because if once dispensation in these were graunted it would occasion many fornications and aduoutries Sanchez lib. 2. de matrim disp 13. n. 11. lib. 7. disp 52 n. 11. disp 82. num 9. Vide etiā Bellarm li. de matrim ca. 10.16 28. as Sanchez and others obserue it was necessarie that CHRIST should leaue such power to his Church and especially to his Chiefe Vicaire the Pope by which he might take away the obligation of these oathes and vowes which in some circumstāce of times and persons can not so easily nor so conueniently be fulfilled and obserued So that to sweare that the Pope hath no Authoritie to dispense with a subiect in his Oath by which he hath sworne fidelitie to the King where as notwithstanding when the King is an intollerable Tyrant there is good reason In Disp Theolog. ca 6 sect 1. n. 2. and iust cause of dispensation were in effect what soeuer VViddrington affirmeth to abiure all Authoritie of the Church in dispensations For although it be no good Argument to argue à particulari ad vniuersale and to say The Pope can not dispense in this Oath ergo in none yet when there is the same reason of the particular which is in the vniuersall then to deny the particular were to deny the vniuersall And therefore as to say Peter who is a man as well as others is not risihilis were in effect to say that nullus homo est risibili so seeing there is the same reason of this Oath to Wards the Prince which is of other oathes he that denieth that the Pope can dispense in this Oath denyeth also in effect that he can dispense in any oath at all 57. This power which the Pope hath in dispensing in this Oath I confirme by all that which aboue I haue alleaged to proue that the Pope can depose Princes and absolue subiects from their alleageance and euen by the power of binding and loosing Mat. 18 which though ordinarilie it be vnderstood of loosing from sinnes and censures yet it is also extended to absolution from alleageance when it is necessarie to the Churches conseruation as aboue I haue shewed not only by Cardinall Bellarmine whose aythoritie VViddrington should rather reuerence then contemne but also by auncient Popes whose testimonies in this kinde ought to counterpoize all contrarie asseuerations they being in a matter of so great importance vndoubtedly illuminated by the spirit of trueth and deliuering the right sence of the Holy Ghost as his Chiefe and infallible interpretes 58. To this WIDDRINGTON answeareth Disp Th. cap. 6. graunting that although the Pope cannot dispense in iuramento assertorio of which noe man doubteth yet he may in iuramento promissorio a promissorie oath because the thing which we promise for the future tyme may prooue hurtfull or vnlawfull And seing that the things promised for the future tyme in this Clause are three 1. That I will keepe fidelity and obedience to the King and his heires notwithstanding excommunication or depriuation 2. That I will defend him and them with all my forces against all conspiracies made against them and theire Crowne and dignitie 3. That I will reueale all such treasons and trayterous cōspiracies c. He sayth I may as safelie and securelie sweare without all daunger of periurie that