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
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
enact lawes for the subiects directions and to inflict punishment on them that are Malefactours or perturbers of the Ciuill Peace at home but also may make warre abroad both offensiue and defensiue for her necessarie conseruation against another Common wealth though otherwise not subiect nisi ratione delicti which shall invade her rights or offer any notable iniurie And as for defensiue warre no man with the least shew can deny but that euerie Common wealth when there is iust cause may wage such warre because if euerie priuat man by the Authoritie which he hath from God and Nature to conserue that being which they haue giuen him L. vt vim ffâ—de lust Barthol l. 9 ff oâ— poen it l. Furum ff de sicartis Alex. 111 c. St vero 1. de sent excom Innoc. 111. cap. significasti 1. de homicid volunt casuali cap. dilecto de sent excom in 6. may vim vi repellere and kill rather then be killed much more may an absolute Common wealth defend it self euen by armes against another Common wealth or Prince that vniustlie inuadeth or wrongeth it As concerning offensiue or aggressiue warres although euerie priuat man can not reuenge iniuries past but only defend him selfe when they are actuallie inferred yet publick persons such as are Princes Magistrates and Common wealthes may And although Princes and states dependent of another can not wage warre without licence of the Superiour yet Princes and Common wealthes independent may not onlie punish Domesticall Malefactours and perturbers of Ciuill Peace and Iustice at home but also may make warres abroad against other Princes or Common Wealthes though otherwise not subiect and may not only defend them selues but also reuenge iniuries past and may take their enemies townes and strong houldes burne and kill till they haue procured iust renenge and future securitie and consequentlie may in that case depose and kill the Prince him selfe because the end of iust warre being peace all things in a iust warre are lawfull which are necessarie to obtaine peace and securitie And seing that many times the King or Common wealth cannot sufficiently reuenge nor secure them selues but by inuading the enemies countrie by sacking his cities killing his subiects and many times the Prince him selfe all these things are lawfull in a iust Warre and haue euer bene practized euen amongst the best and godliest Princes as euen scriptures auerre Counsels approoue and histories doe witnesse For in the olde law IOSVE DAVID the MACHABEES yea ABRAHAM and in the new CONSTANTINE the Great THEODOSIVS CHARLES the Great and many others are commended for their warres against Tyrants and the Enemies of God And onlie Hereticks or fauourers of Hereticks a Aug. lib. 22. coÌ„t Faustum ca. 74. Manichees b Thom. WaldeÌ„s tom 3. de Sacr. tit 24. cap. 169. Wicklefists and Anabaptists c Melancth de loc is tit de Magistratu condemne all warre as vnlawfull to whom d Chil. 4. cent 1. Adag 1. in ca. 3. Lucae Erasmus seemeth to subscribe And the reason of this ARISTOTLE giueth because saith he euerie absolute CoÌ„mon wealth must be sufficient in it self and must haue that Authoritie which is necessarie not onlie to defend it selfe whilst iniuries are inferred but also to reuenge them by warre after they are past and so to procure not onlie iust reuenge but also a secure stable peace for after tymes for if one Common Wealth or Prince should inuade another and yet could not be repelled no Common wealth could longe conserue it selfe Wherfore when a Kingdome or Common wealth is wronged it may not onlie defend but also reuenge it self in manner aforesaid for in this case one must yeeld and reason teacheth that the Common wealth which is nocent and which offereth wrong should rather yeeld then that which is innocent and receaueth wronge and so if the innocent Common Wealth cannot conserue it selfe whilst the other is in prosperitie it may make warre vpon it and ruine it or subiugate it rather then it selfe should be ruined And although none but God and lawfull Superiours can reuenge wronges past according to that Mihi vindictam ego retribuam Reuenge to mee Deut. 31 Rom. 12. Rom. 13. and I will reward and againe Dei enim minister est vindex in iram ei qui malum agit For he is the Minister of God a reuenger vnto wrath to him that doth euill And S. 1. Pet. 2. PETER biddeth vs to be obedient not onlie to Kings as excelling but also to rulers as sent by him ad vindictam malefactorum laudem verò bonoruÌ„ to the reuenge of malefactours but to the prayse of the good yet a Common wealth may reuenge it selfe vpon another Common wealth that offereth iniurie by reason that it hath publick and supreame Authoritie and that the Common wealth that offreth wrong makes it selfe subiect to the wronged ratione delicti 5. Vpon this ground layd I can now build diuers arguments to prooue that which is in this Chapter intended The First Sequel For first hence it followeth that the Church may vse defensiue warre not only against Christian Princes but also euen against Pagans and infidels that do molest her because Nature teacheth that euery one may vim vi repellere repell force by force and although the ordinarie Armes and weapons of the Church be Spirituall as excommunication and such like yet when these will not serue she may vse temporall For as Christ in establishing a Church gaue it a Spirituall being so he gaue it Authoritie to conserue and defend this being by all lawfull meanes And therfore if euerie one may vse all lawfull meanes to defend not onlie him selfe but euen his Temporall goods and may rather kill then be killed yea or spoiled of his goods because naturall reason teacheth that when God and nature giue anie being they giue authoritie to conserue and defend it else their liberalitie had bene in vaine So seing that Christ hath giuen his Church a being which consisteth in a Spirituall power to preach minister Sacraments gouerne by lawes c. whosoeuer shal be so hardie as to offer to depriue her of this her being and power she may euen with Temporall armes which otherwise are lawfull defend and mantaine her right And although Infidels who were neuer baptized be not subiects of the Church nor shee their Superiour according to that of S. PAVL 1. Cor. 5. Quid mihi de his qni foris sunt iudicare VVhat is it to me to iudge of theÌ„ that are without yet there is no superioritie or publick Authoritie required to defend for euerie priuat man may vim vi repellere repell force by force much more may the Church or anie other Common wealth else if a priuat man might defend him self and a Common wealth could not the priuat man should be in better estate then a Common wealth which is absurd Sanderus lib. 2. de visib mo narch cap. 4.
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
as God preuented the Iewes and whereas they by lawe of Nature had permission to choose their Kinges yet for their greater good he chose thē one him selue immediatelie so although by the lawe of Nature men otherwise might haue prescribed the manner of worshipping God and the worship had been lawfull so that it had been the worship of the true God and had been free from superstition yet because God hath ordained vs to a supernaturall end and would haue our Ecclesiasticall gouernment free from all superstition he hath himselfe appointed the manner of gouernment and hath giuen the Authoritie So in the lawe of Moyses he chose the Tribe of LEVI to serue in the Tabernacle and Temple and to menage Ecclesiasticall matters he instituted also sacrifices sacramentes and Ceremonies in like sort in the new lawe of Grace vnder which we liue he committed the gouernment of his Church to the Apostles and Disciples only and their successours he instituted seuen Sacramentes and a sacrifice he gaue vs a lawe and beleefe which first he deliuered by preaching then by the written Ghospelles and Epistles of his Apostles and other thinges he committed to the Church which he had instituted and established 5. So that as there is a Ciuill and Temporall Power residing in the Common wealth by which the Prince or Magistrate can gouerne and rule and cōmaund for the conseruation and promotion of the Temporall good of the same so is there a spirituall and Ecclesiasticall Power residing in the Church by which the Pastours haue Authoritie to preach teach administer Sacraments determine of matters of Religion to call Councelles for the better clearing of matters and enacte lawes which shall be thought expedient vnto the honour of God the spirituall good of the Church and euerie ones saluation And this is called Ecclesiasticall power which is distinct from the Temporall in many pointes 6. First in respect of the end and finall cause for Temporall power of it selfe aymeth only at Temporali Iustice peace and conseruation of the Temporall state of the Kingdome or Common wealth Ecclesiasticall power intendeth in this life the spirituall health of the soule and eternall rest and peace in the next Secondlie these powers haue diuers Actes and seing that powers are distinct by their Actes it followeth that Temporall and Ecclesiasticall or spirituall power are distinct That they haue distinct Actes it is manifest for the Temporall power maketh lawes for this corporall life and Temporalle state but the spirituall and Ecclesiasticall power maketh lawes for the soule and her direction the Temporall power remitteth the paines only of sinnes but the spirituall Power remitteth the sinne it self according to that Ioan. 20 Quorum remiseritis peccata c. VVhose sinnes you shall forgiue c. The Temporall power inflicteth and remitteth only Ciuill and Temporall punishments as imprisonment banishment temporall death but the spirituall power as now it is for in the old law there was not Potestas Clauium excommunicateth suspendeth interdicteth which are spiritual punishments and bonds of the soule and remitteth not only these paines but also eternall death and paine of Hell for when the Priest remitteth mortall sinnes he chaūgeth eternall paine into temporall yea some times when the Penitent cometh with a great contrition he remitteth both Eternall and Temporall Thirdly they differ in their obiectes for the spirituall power disposeth not of Temporall thinges but only as they are necessary to the spirituall The Temporall meddleth not with spirituall nor Ecclesiasticall matters according to that of S. AMBROSE S. Ambr. lib. 5. ep 33. ad Marcel soror Ad Impetatorem Palatia pertinent ad sacerdotem Ecclesiae Publicorum tibi maenium ius commissum est non sacrorum To the Emperour Pallaces appertaine to the Priest Churches to thee Emperour the right of common Walles is committed not of Churches And NICHOLAS Pope in an Epistle to MICHAEL the Emperour Ca. Cum ad verū dist 96. Vide etiā ca. Quoniam d. 10. Nec Imperator iura Pontificum arripuit nec Pontifex nomen Imperatoris vsurpauit quoniam Christus sic actibus propriis dignitatibus distinctis officia potestatis vtriusque discreuit Neither hath the Emperour taken to him the rights of Bishops neither hath the Bishop vsurped the name of the Emperour because Christ hath distinguished the offices of both by their distinct actes and dignities Fourthlie they differ in respect of the subiect and materiall cause for although it be not impossible for these two Powers to consort in the same subiect for we see they did in Melchisedech and in the first begotten of the Iewes in the law of Nature and in the Machabees who were Priests and Princes and consequentlie had temporall and spirituall power yet as in other thinges these powers are distinct so God not only in the law of Grace but also in the law written of Moyses would haue these powers placed in distinct subiectes and Persons 2. Paral◠19. For in the law of Moyses AMARIAS menaged matters of the Church law ZABADIAS gouerned the affaires of the Kingdome the Kinges and Princes of the Iewes were of the Tribe of IVDA the Priests of the Tribe of LEVI and those gouerned onely the Common VVealth enacted Temporall lawes waged battaile c. whereas the Priests ruled it matters of the Tabernacle and Temple offered sacrifice and gouerned the Synagogue And now in the law of Grace Christ gaue all spirituall power to the Apostles and their successours and not to Princes for to the Apostles and their successours it was saied VVhatsoeuer you shall bynd vpon earth Mat. 18. shal be bound in heauen and whatsoeuer you shall losse vpon earth shal be loosed in heauen To Princes it was neuer sayd so To the Apostles and their successours it was sayd Ioan. 20. Whose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained To Princes neuer To S. PETER an Apostle and Priest it was sayed Mat. 16 Thou art Peter and vppon this Rock will I build my Church To no Prince was it euer sayd in that sort To Apostles and Priests Christ sayed Matth. vlt. Goinge therefore teach ye all Nations baptising them in the name of the father the sonne and the holy Ghost To Princes neuer To Apostles and Priests Christ said Ioan. 6. As my liuing father hath sent me so I send you that is to preach to minister Sacramentes and to gouerne the Church Ephes 4. To Princes neuer To the Apostles Doctours Pastours Prophets Christ committed his Church to be gouerned Act. 28. to Princes neuer To Priests S. Paul gaue this admonition Attendite vobis vniuerso gregi in quo vos Spiritus Sanctus posuit Episcopos regere Ecclesiam Dei quam acquisiuit sanguine suo Take heede to your selues and to the whole flocke wherin the holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased
the Councell of NICE offred him Memorialles in which were complaints and accusations of one another he sayd to them Deus vos constituit sacerdotes potestatem vobis dedit de nobis quoque iudicandi ideo nos à vobis rectè iudicamur Vos autem non potestis ab hominibus iudicari propter quod Dei solius inter vos expectate iudicium vestraeiurgia quacumque sunt ad illud diuinum reseruentur examen Vos etenim nobis à Deo dati est is Dij Psal 81. conueniens non est vt homo iudicet Deos sed ille solus de quo scriptum est Deus stetit in Synagoga Deorum in medio autem Deos Diiudicat God hath constituted you Priests and hath giuen you power to iudge eueÌ„ of vs therfore wee are rightlie Iudged of you But you can not be iudged of men for which cause do you expect onlie Gods iudgment betwixt you and your differences what soeuer they bee let them be reserued to the othâ—e examination For you are giuen of God to vs as ourâ—â—oddes it is not conuenient that a man should iudge Goddes but he onlie of whom it is written Psal 81. God stood in the Assemblie of Goddes and in the middest he Iudgeth Goddes IVSTINIAN the Emperour in his sixt Constitution confesseth the same Authent Quomodo oportet Episcopum c. saying The greatest guifts of God among men is the Priesthood and the Empire of which two the former hauing the administration of diuine thinges the other of hamane both proceeding of one beginning do adorne mans life c. CHARLES the great vseth this manner of stile Cap. In memoriam dist 19. Vide Baron tom 9. an 801. In memoriam Beati Petri Apostoli honoremus Sanctam Romanam Apostolicam Sedem vt qnae nobis Sacerdotalis est mater dignitat is esse debeat Ecclesiasticae Magistra rationis Quare seruanda est cum mansuetudine humilitas vt licet vix ferendum ab illâ sede imponatur iugum tamen feramus piâ deuotione toleremus In memorie of Blessed Peter the Apostle let vs honour the holie Roman and Apostolicall Seate that she which is to vs the mother of Pristlie dignitie should be the mistresse of Ecclesiasticall discipline and affaires VVherfore humilitie is to be kept with Mansuetude that although a yoke scarcelie tollerable should be imposed vpon vs from that Seate yet let vs beare it and let vs suffer it with a pious deuotion And in his Epistle to Pope ADRIAN thus he writeth Sanctissimo Patri Adriano summo Vniuer sali Pontifiei Carolus Dei gratia Rex spiritualis silius vester To our most holie Father Adrian the Chiefest and Vniuersall Bishop Charles by the Grace of God King and your spirituall sonne Ludou Rex in epist ad Pium 2. King Lewis in an Epistle to PIVS the second stiles him in this manner Beatissimo Patri nostro Pio Papae secundo Obedientiam filialem To our most Blessed Father Pope Pius the second filial Obedience And afterwards thus he writeth Te Vicarium Dei viuentis eâ veneratione prosequimur vt sacra tua monita praesertim in Ecclesiasticis rebus velut vocem Pastoris audire promptâ mente velimus Te Dominici Gregis Pastorem prefitemur scimus teque iubentem sequimur VVee beare thee the Vicaire of the liuing God such respect and reuerence that we will heare with a prompte mynde thy sacred admonitions especiallie in Ecclesiasticall matters as the voice of our Pastour VVee professe and know thee to be the Pastour of our Lords flocke Nangius de gest is S. Lud. Surin vitae eiusdem Aug. 25. and wee follow thy commandement King LEWIS the Saint and ninth of that name gaue this commandement to his sonne PHILIP Sis deuotus obediens Matris Romanae Ecclesiae eiusque Pontifici tanquam Patri spirituali te morigerum praebeas Bee thou deuoted and obedient to thy mother the Romain Church and be thou obedient to her Bishop as to thy spirituall father 12. The Kinges of SPAINE as being surnamed CATHOLICK yeeld not in this point to the most ChristiaÌ„ Kings of France Vide Cïe. Later sub Leone X. sess 2. FERDINAND professeth him self Filium Sancta Romanae Ecclesiae Matris nostrae deditissimum The most deuoute sonne of the holy Roman Church our mother and withall pro eius honore atque statu animam ponere paratissimum To be most readie to expose his lise for her honour and state Rox Alphons in suis Legibus Part. 1. tit 5. l. 1.2.3.4 5. Carol. 5. in Edict wormat King ALPHONSE in his lawes calleth the Pope Patrum Patrem Father of Fathers and saieth that therfore all Christians when they haue accesse vnto him do kisse his feete CHARLES the fifte in his Edict made at Wormes in which he condemneth Luther and his booke calleth LEO the Tenth Beatissimum Patrem Most blessed Father and stiles him self Sedis Apostolica Sanctaeque Roâ—anae Ecclesiae primarium filium Aduocatum First Sonne and Aduocat of the Sea Apostolick and the hodie Romain Church 13. Neither are our Kinges of England behind them in this deuotion King LVCIVS the first Christian King of the Brittaines although he might haue found some preachers which were the remnant of those that were conuerted by Ioseph of Arimathia and as many thinke by S. Peter him selfe or at least might haue found nearer helpe out of France yet to shew his reuerend conceit of the Sea Apostolike sent Embassadours to Pope ELEVTHER vs obsecrans vt per eius mandatum Christianus fieret Beda lib. 1 hist Angl. ca. 4. Beseeching that by his commandement he might be made a Christian INAS King of the West-English in sigue of Homage to the Chiefe Pastour WestmoÌ„ an 727. Polid. Virg. lib. 4. hist Angl. Alredus in vitae S. Eduardi Polid. lib. 6. hist Angl made his Kingdome tributarie to the Pope of Rome and set a taxe vpon euerie house called Peeter-pence S. EDWARD King and Confessour giueth this title to Pope NICHOLAS the second Summo vniuersalis Eeclesiae Patri Nicholao Edwardus Gratia Dei Anglorum Rex debitam subiectionem obedientiam To the chiefest Father of the vniuersall Church Nicholas Edward by the Grace of God King of the English offereth due subiection and obedience And in the same Epistle he writeth how he sendeth Peter-pence vnto him with other Royall giftes King OSWIN long before Beda lib. 3. cap. 25. when there was a controuersie about the time of obseruation of EASTER and COLMAN Bishop had saied that he receaued his manner of celebrating EASTER from S. Iohn the Euangeliste and WILFRID saied that he had his manner from Rome and Sainct Peter to whom it was sayd Mat. 16. Tues Petrus c. tibidabo claues regni Caelorum Thou art Peter c. and to thee will I giue the keyes of heauen The King hauing heard bothe
the Synagogue yet could it not thence be inferred that Princes are to gouerne the Church of Christ For first the Synagogue was more terrene and Lesse perfect then the Church and so as their sacrifices and Priests were terrene in respect of ours so God might haue giuen them terrene Princes for their chiefe Ecclesiasticall superiours which manner of gouernment is not to be made a patterne for the gouernment of the Church of CHRIST this being a more perfect common wealth more spirituall gouerned by more spirituall Pastours enriched with a more spirituall sacrifice and Sacraments Secondlie if Princes then were rulers of the Synagogue it was by Gods speciall and Indiciall law and seing the Iudiciall and Ceremoniall lawes are abrogated they can not binde Christians or if Bilson will needs haue it that Christian Princes must now gouerne the Church because they then ruled the Synagogue one might inferre that the Ministers of England must be circumcized and must offer Caldes because then the Iewish Priests did so VVherfore that law as Ceremoniall and Iudiciall being abrogated we must looke to the new law in which not withstanding there is no one Text or example that giueth Princes the rule of the Church Thirdlie I answere that none of all the Kings alledged by D. Bilson and D. Andrewes did gouerne the Synagogue in Ecclesiasticall matters but did onlie assist the priests that gouerned and punnished Malefactours and transgressours of the law Suarez according to the prescript of the law interpreted by the Priests as Suarez in his answere to our soueraine hath learnedlie declared 6. The second argument against Princes spirituall supremacie shall be this If a Prince hath authoritie to gouerne the Church of his Kingdome either he hath it preciselie because he is a King or because he is a Christian King but by neither of these waies he hath it ergo by no way he hath it Not because he is a King for Kinglie power only medleth with temporall and humane matters and therfore Kings are called Humanae Creaturae 1. Petri. 2. humane creatures and they haue their authoritie from the people in manner afore sayd which people can giue no Ecclesiasticall power that being spirituall and supernaturall yea if Kings as Kings had this Authoritie then the Kinges which raigned in the Apostles time though Infidels should haue been Heads of the Church although they were no members at all and consequentlie NERO should haue been Head of the Church and all the Apostles and the sheepe of Christ had bene committed to a Rauening Wolfe which though it be most absurd to imagine yet TOMSOM as BECANVS in his booke entituled the English Iarre reciteth is not ashamed to auouch it saying Omnes Principes etiam Pagani obiectiuè habent supremam potestatem in omnes omnino personas suorum subditorum generatim in res ipsas siue ciuiles sunt siue sacrae All Princes euen Paganes obiectiuelie haue supreme Authoritie ouer all the persons of their subiectes and generallie ouer their goods whether they be Ciuill or holy Not because he is a Christian King because Baptisme by which he is made a Christian and member of the Church giueth the King no new power no more then it doth to others that are baptized And therfore if before Baptisme he be no Head of the Church neither is he after Baptisme rather Baptisme as aboue we haue seene maketh him a subiect to the Church wheras before he was not and only giueth him a new charge to obey serue and assist the Church VVherby it may appeare how fowlie Doctour ANDREWS was deceiued when he sayd That an Ethnick King when he becommeth a Christian gaineth and getteth a new right and power ouer the Church and Spirituall matters for these are his wordes Quin Rex quiuis Tortura Torti pag. 40. cum de Ethnico Christianus fit non perdit terrenum ius sed acquirit ius nouum in bonis Ecclesiae spiritualibus Yea euery King when of an Ethnike he becometh Christian doth not loose his terrene right but getteth a new right in the spirituall goods of the Church And Citing Bellarmine he sayth Omnia haec Dominus tuus totidem verbis All those things thy Master Bellarmin in so many words affirmeth Bollar lib. 5. de Pont. ca. 2. 3. as though Bellarmine had affirmed that a Pagan King were Head of the Church and had right and power in spirituall matters whereas Bellarmine is too learned to make so grosse an errour and only affirmeth That Pagan Kings are true Princes and Lords of their Countries 7. But perchance they will say that the Prince hath this Authoritie by a speciall Graunt from God him self This they may say but with how little reason may appeare by that which alreadie I haue handled in this Chapter for I haue prooued out of scripture that Christ gaue all Authoritie concerning the gouernment of the Church to his Apostles and their successours and not any at all to Kings and Princes VVhich because our state pleasers perceaued well enough they are enforced to play the Iewes and to alledge examples out of the old law as D. Bilson and D. ANDREWS do which examples not witstanding as I haue shewed do not firt their purpose for they knew and D. ANDREWS confesseth saying Exemplum inde nobis snmendum est Tortura Torti pa. 363. cum in Testaemento nouo nullum habeamus Thence wee must take an example since in the new Testament we haue none that there is not one text or example in the new Testament that giues Princes any power ouer the Church but rather giueth it from them vnto the Pastours 8. Thirdlie if Princes were supreme Commanders in Ecclefiasticall matters and gouerment of the Church the gouernment of the Church should not be Monarchiall which yet is the best gouernment Aristoâ— l. 8. Eth c. 1â— Plato in Poli. Senec lib. 2. de Benef Plut. in opusc â—a de re Homer 2. Iliad Iustorat ad gent. Athan. orat ad Idola Gypr lib. de vanit IdoloruÌ„ Mat. 16. Ioan. 21. as Aristocle with all the best Philosophers and auncient Fathers do affirme and was in deed chosen by Christ for his Church as the writers of this time prooue out of scripture and especiallie out of those wordes spoken to S. Peter Thou art Peter and on this Rocke will I build my Church and those also Pafce oues meas seede my sheepe but rather if Kinges were euerie one head of the Church in their Kingdomes the gouernmeÌ„t of the Church should be Aristocraticall because the Church should be gouerned by diuers Princes which were most inconuenient in the Church and subiect to schismes and tumultes For if euerie King be supreme Head in his Kingdome when a Generall Councell should be called as his Maiestie of England desireth I demand who should call it The Emperour the Kinges of England Spaine and France though they giue him precedence in place and honour yet they pretend by prescription and
by an inuisible blowe reached him from God perished most miserably d Earon tom 7. au 561. BELLISARIVS Iustinians Generall ouer his Armie to whome he was so deare that his pourtraict was printed in the one side of Iustinians Coyne with this Title Bilisarius Romanorum decus Bellisarius the glorie of the Romans for his molestation of SILVERIVS to grarifie therby THEODORA the Empresse had for suspicion of conspiracie against IVSTINIAN his eyes pulled out was despoiled of all his dignities and forced in fine to begg e CedreÌ„ in Anna Paul Diac. li. 20. reruÌ„ Roman Baron tom 8. an 713. Anast in Vital Baro. an 668. Paul Diac. lib. 19 reruÌ„ Rom. PHILIPPICVS for his contempt of CONSTANTINE Pope and propagating of heresie was depriued of his Empire and his eyes also f CONSTANS for persecuting THEODORVS Pope and violently carying away Pope MARTIN from Rome was slaine in a bathe g Fascie Temp. in Iust 2. Martin Pol. in Iust 2. IVSTâ—NIAN the second for infringing the Eight Synod and molesting of SERGIVS Pope who refused to consent to his heresie was depriued of his Empire and besides that of his nose and tongue h Baron tom 11. an 1080. HENRIE the Fourth Emperour excommunicated and deposed by GREGORIE the seuenth as we haue seene was by his owne sonne persecuted holden in prison and at length made a miserable end out of his owne Countrie i Neubr li. 4. c. 13 Palmer 〈◊〉 in ChroÌ„ an 1189 FREDERICK the first was drowned miserablie in a riuer of Armenia for punishment of the schisme he raised against ALEXANDER Pope as our NEVBRIGENSâ—S recordeth k Fascic Temp. in Frider. 2 Matt Westm an 1245 FREDERICK the Second after he was excommunicated and deposed by INNOCENT the Fourth Pope of that name was strangled by his owne sonne and dyed without Sacraments l Geneb lib 4. Chron. anno 2294. in Bonifacio 8. PHILIP le BEL King of France after he was excommunicated and deposed by BONIFACE the Eight neuer prospered as Genebrard la FreÌ„ch man writeth And after that BONIFACIVS was taken vnawares by the deceipts which PHILIP vsed a holy Bishop said The King is glad he hath BONIFACE Pope in holde but no good thereby will happen to him and his posteritie which Prophecie saith m Genebr lib 4. Chron. anno 1315. Genebrard was shortlie after fulfilled for the King perished by reason of a Boare that rushed betwixt his horses legges three of his sonnes that raigned after him dyed one after another in a short space their Queene 's dishonoured them with their infamous adulteries and the Issue of PHILIP fayling the contention betwixt our EDWARD the third sonne of the Daughter of PHILIP le Bel and PHILIP de Valois the sonne of CHARLES de Valois PHILIP le Bel his brother arose which contention cost France verie dearely And to spare our times as God threatned by his Prophet Isai 60. that the Kingdome that shall not serue the Church shall perish as we see all Greece is lost by their heresies and schismes against the Romane Church and England Germanie and Holland and other Countries know not what punishment hangeth ouer their heads so whosoeuer shall obserue the course of times and Histories shall finde that few Princes haue long prospered who haue persecuted the Romane Church and faith or haue been by her excommunicated or deposed 26. Wherfore Kings and Princes that contemne and despise the Church remember you are Men and that your Kingdome is subiect to a higher state of the Church Feare her glaiue that striketh euen the soule and spirit And if you will raigne long and prosperouslie here imitate those Constantines Martians Theodosius Pipins Charles the Great Lewis and others who were more glorious for amplifying the Churches Immunities and Demaines then for exteÌ„ding their Empire more renowned for the Churches and Monasteries they founded theÌ„ for the Cities and Castels they builded who by obeying honouring and enriching the Church strengtned and enriched their Kingdomes and haue prospered in all their warres and battailes But I will end with S. BERNARDS Counsell which he gaue to CONRADVS King of the Romanes Bern. ep 183. ad Conrad Regem Romam Rom. 13. desiring all Christian Princes to followe it Legi quippe Omnia anima Potestatibus sublimioribus subdita sit c. Quam tamen sententiam cupio vos omnimodis moneo custodire in exhibenda reuerentia summae Apostolicae sedi I haue read indeed Let euerie soule be subiect to higher powers and he that resisteth the power resisteth the ordinance of God which sentence not withstanding I desire and by all meanes warne you ô Princes to keepe by exhibiting reuerence to the highest and Apostolicall seat CHAPTER VII Although the Pope be not direct Temporall Lord and Superiour of the world nor of any part therof by Christs expresse guift and donation but only of the patrimony of Sainct Peter giuen him by Constantine the Great and other Catholicke Princes and confirmed by the consent of the Christian world yet by the spirituall power which Christ gaue him in his predecessour S. Peter Io 21. he may dispose of temporall things and euen of Kingdomes for the good of the Church and Conseruation of her and her faith right and the manner how and in what case he can thus dispose of temporalities is explicated 1. HAuing shewed by manie Arguments in the former Chapter that the Prince neither hath any spirituall Authoritie neither can by his Temporall power entermeddle him self as a Superiour in matters Spirituall and Ecclesiasticall It remaineth that we discusse and examine whether contrarie wise the Pope haue any temporall power or can by his Spirituall power dispose of temporall things A thing I confesse odious to some Princes who can hardly brooke it that you should meddle with their Crownes and Regalities thinking their Crownes so fast sett on their Heads that none but God can plucke them of and imagining they holde their scepters so fast that none vnder God can wrest them out of their hands But yet this question is odious only to such as sett little by the Churches Authoritie or at least preferre the state before Religion and the Temporall aduancement of the Common wealth before the Spirituall good of the Church for otherwise as guiltie malefactours only crie out of the Princes lawes Tribunals good subiects embrace and reuerence them so those Princes only whose consciences accuse them of some disloyaltie towards the Church or who desire to preferre their owne wils before the Churches commandement or to extend their Empire with encroaching on her Demaines and to rule so independentlie as they may not be controlled such Princes I say can not abyde to heare of any Authoritie in the Pope or Church which may restraine them Other Kings who counte it their honour to be obedient Children of the Church and who desire not to raigne ouer their subiects but so as God and his Church
by warre a Prince that persecureth Religion it is lawfull to kill him and consequentlie to depose him because the end of iust warre being peace all things in it are lawfull which are necessarie to obtaine peace and if vnles the Prince be taken away that iust peace cannot he had that also is lawfull 2. The Caluinists are not behind them in this point Caluin saith that earthlie Princes do bereaue them selues of Authoritie when they erect them selues against God yea that they are vnworthie to be reckened in the number of men and therfore we must rather spit in their faces then obey them Beza in ep dedic Noui Testam an 1554. epist 34. 37. Can. 3. an 1572 Beza in his Epistle Dedicatorie to his New Testament defendeth Rebellion against Princes of a different Religion if they permitt not but rather persecure Caluinisme The Hugonots of France in a Councell of Ministers at Berne haue decreed that euerie citie shall sweare that they and their posteritie will obserue firme and inuiolate the thinges following of which one is can 40. that vntill it please God in whose hands are the harts of Kings to change the hart of the French Tyrant so they call him in the meane time euerie Citie shall choose a Mayor to gouerne them as well in warre as in peace Another Canon is that all Captaines leaders neuer lay downe weapons as long as they shall see them persecute the Doctrine of Saluation Caluinisme and the Disciples of the same Caluinists Another is If it please God to raise vp some Christian Prince to take reuenge of their sinnes and to deliuer his people let them subiect them selues to that Prince as to another Cyrus sent to them from God And this doctrine of the same Hugonots was practised in France to the ruine of many cities and Churches and the slaughter of many thousands as The Historie of the Ciuill warres of France printed at London anno 1591. and Crispinus in his booke of the Estate of the Church and others haue written and to this day France remembreth yea feeleth it The like practise the hereticks in the lowe Countries haue vsed as Osiander confesseth and all the world witnesseth Moreouer Osiander sayth that the states there deposed their Prince Osiand in Epit. histor Eccles Cent. 16. pag. 941. Belgici publico scripto Domino Regi suo Philippo obedientiam subiectionem renunciant They of the low Countries renounce all obedience and subiection to their Lord and King Philip and consequentlie they depose him because there is no King without subiects Yea an Edict of this deposition is extant in their Historie printed at Francfort in the yeare 1583. in which they declare him to haue lost all right and title by his Tyrannie and forbid all vse of his name and seale 3. Zuingl in explaÌ„ art 42. fol. 84. Idem lib. 4. ep ad Conhardum c. pag. 868. 869. Zuinglius and the Zuinglians iumpe with them in the same opinion Quando Reges Principes Magistratus perfidè extra Regulam Christi egerint possunt cum Deo deponi When Kings Princes and Magistrates behaue them selues perfidiouslie and do against the rule of Christ they may with God be deposed And againe That Kings may be deposed Saules example doth teach manifestlie And againe Permittendum est Caesari officium debitum si modò sidem nobis permittat illibatam We must permitt due obedience to Caesar so that he permitt vs to enioy our faith inuiolate Coclaeus in Actis Luth. an 1531 And according to this doctrine the Tigurines molested the Catholicke Cantones sowed sedition and rebelled but afterwards in fiue battailes though moe in number and Artillerie they were ouercome and slaine and in the first battaile Zuinglius him self was slaine and afterwards burnt 4. See Sutcliffe in his Answere to a libell supplicatorie c. pag. 192. 193. Sutcl in his anwere to a libell c. pag. 95. Knox in Appellat ad nobilitatem populum Scotiae Buchan li. de Iure Reg. et li 7. hist Scot. I could alleadge Goodman who in his booke which in Queene MARIES time was printed at Geneua and is commended by Whittingham in his Epistle before the saied booke affirmeth that it is lawfull to withstand the Princes in case of Religion and that therfore VViat who rose against Queene MARIE was no Traytour The like was the doctrine of Knox and Buchanan Sutcliffe auoucheth that Knox said Noblemen Gouernours c. Iudges ought to reforme religion if the King will not If the Prince will not yeeld to his Nobles and people he armeth them with power to depose him If Princes be tyrants against God and his truth their subiects are freed from their oathes of obedience And with him accordeth Buchanan teachinge that the people is more excellent then the King and hath right to bestowe the Crowne at their pleasure That the People may arraigne the King c. That Reward should be giuen to them that kill Tyrants to wit those who persecute Religion And what sedition this doctrine raised in Scotland against that worthie and virtuous Queene MARIE his Maiesties mother and against his Maiestie him selfe all the world knowes and he best him selfe So that the question betwixt vs and our Reformers who so storme at this opinion of Catholicks which teacheth that Popes in some case exâ—taordinarie may depose Princes is not so much whether the Pope can doe it as whether he or rather a Luther Zuinglius Caluin Beza Knox or Buchanan can do it nor so much whether a Generall Councell can doe it but whether such a Councell rather then a Consistorie or Heard of Ministers can 5. And thus much I haue discoursed concerning this question whether the Pope can in any case depose a Rebellious Prince and who otherwise cannot be corrected not for that I honour not Princes or acknowledge not obedience due vnto them for I haue aboue prooued that they are in Temporall matters to be honoured and obeyed vnder paine of mortall sinne I haue also confessed and declared that so long as they conteine them selues with in their bounds and that their Temporall sword is not necessarilie to be drawne for the Churches defence they haue if they be absolute Superiours no superiour on earth in Temporall matters but only this I haue done to satisfie my conscience to discharge my dutie to Christ his Church and so to giue to Caesar and Temporall Princes what belongeth to them that I take not from God and his Church what is due to them 6. Wherein I hope I derogate no more from the Prince then many Catholicks do from the Pope who teach that in case of Heresie to which as a priuate man though not as a publike person they thinke him to be subiect he may be a Councell of Bishops and Prelates be deposed And therfore as Popes take this doctrine in good parte so ought Princes not to take it so haynously that we
to my Soueraigne speake no more of him then any other Prince but abstracting from all Princes factes and cases in particular I intend onlie to dispute as I haue hetherto of the Popes Right and Authoritie ouer Princes in generall The First Clause of the Oath I. A. B. do trulie and sincerelie acknowledge professe and testifie in my conscience before God and the world that our Soueraigne Lord King Iames is lawfull and true King of this Realme and of all other his Maiesties Dominions and Countries 12. I will not stand much with WIDDRINGTON about this clause because all Catholicks will acknowledge his Maiestie that now is for their Prince and King and will sweare also fidelitie vnto him in all Temporall matters and this Oath hath bene offered by the Catholicks in an Epistle they wrote to his Maiestie which others also haue offered and for better notice and in argument of their true meaninge published their offer in print This then is one reason which maketh Catholicks to suspect that in this Oath couertlie is intended a denyall of the Popes spirituall supremacie For if the Prince and his Magistrate intended only Ciuill and Temporall Alleageance why did they not propose this Oath in the ordinarie tenour and termes of a Ciuill oath with which the former Kings of England and all Catholick Kinges of other Countries euen to this day content them selues Why bring they in the Popes Authoritie which other Princes leaue out But they knew that Catholicks would neuer haue refused such an oath and therefore to trouble and engage their consciences to haue thereby some pretence to seaze vpon their liuings and goods and to vexe their persons they deuised this Oath Which their manner of proceeding may make Catholicks iustlie suspect that some thing is intended to which in conscience they cannot agree and consequentlie oathes conscience and Religion being so nice and daungerous matters if there were no other reason then this In his Newyearesguift num 8. pag. 37. the Catholicks haue iust cause to make not only a scruple but also a conscience to take it And therefore Widdrington him selfe in his Newyeares-guist confesseth at least that in the beginning and why not still Catholickes might iustlie suspect this oath to be vnlawfull 13. Suarez Gretzerus Hence it is also that some writers make a scruple of those wordes Supremus Dominus Soueraigne Lord because the Oath being of it self suspicious and the King of England by his ordinarie Title giuen him by Parlament being stiled Supreame Head of the Church which dignitie the Bishops and Diuines of England affirme to be annexed to the Kinges Regalitie iure diuino as we haue seen aboue Chap. 6. they feare least a snake lie hid in the grasse and a pad in the strawe and that vnder that Title of Supreme or Soueraigne Lord is couertlie vnderstood Supreame Head of the Church of England not only in Temporall but also in Spirituall causes But because these wordes Soueraigne Lord may be taken in that good sense which ordinarilie they import and are not put ex parte praedicati but only ex parte subiecti for by this clause the swearer sweareth not that his Maiestie is Supreame or Soueraigne Lord but only that our Soueraigne Lord is true and lawfull King I will not much stand about them 14. For as if one should sweare that the Archbishop of Cantetburie is trulie a persecutour of Catholicks he should not sweare that he is trulie Archbishop but onlie that he who is called Archbishop of Canterburie is truly a persecutour so by swearing that our supreame Lord King IAMES is true and lawfull King we do not sweare that he is Soueraigne or Supreame Lord but only that he who is so stiled is our Prince and King which no English Catholicke will refuse to sweare But howsoeuer Catholicks haue good cause to suspect all things in this vnwonted Oath it being not the ordinarie Oath of Alleageāce which the Kings in other Countries propose and wherewith the Kings of England contented them selues till they began to seuer them selues from the true Catholicke Romane Church for true Catholicke and Romane euer went together and to banish out of their Realme all Papall Authoritie as an enemie to their state which other Princes do retaine and euer haue reuerenced and maintained as the Chiefe support of their Kingdoms And that which augmenteth the suspition is for that his Maiestie him selfe seemeth to make doubt of this Oath and so it seemeth daungerous either for the Magistrate to propose it or the subiects to receaue it For these are his Maiesties wordes vttered in the Parlament an 1606. Some doubtes haue been conceaued in vsing the Oath of Allegeance and that part of the Act which ordaineth the taking therof is thought so absurd as no man can tell who ought to be pressed therewith For I my selfe when vpon a tyme I called the Iudges before mee at their going to their courts moued the question vnto them wherin as I thought they could not reasonablie auswer So that this obscuritie in the Oath should first be cleared least swearing to that which wee vnderstand not wee expose our selues to periurie The Second Clause And 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 or to dispose of any of his Maiesties Kingdomes or Dominions or to authorize any forraine Prince to anoy him or inuade his Countries or to discharge any of his subiects of their Alleageance and obedience to his Maiestie or to giue licence or leaue to any of them to beare Armes raise tumultes or to offer any violence or hurt to his Maiesties Royall person state or gouernment or to any of his Maiesties subiectes within his Maiesties Dominions 15. Widdr. in disp Theol. in exam huius clausulae This clause sayth VViddrington is Petra illa scandali lapis offensionis that Rocke of scandall and stone of offence at which so many of this age as well learned as vnlearned haue stumbled And in deed to VViddrington him selfe it hath beene such a Rocke of scandall but by his owne fault for many haue passed it with out either falling or stumbling that he hath not onlie stumbled and fallen at it him selfe but by his fall he hath beene the cause of the fall and ruine of many an hundred For if August serm 14. de Sāctis Act. 7. 22. as S. AVGVSTIN sayth S. PAVL by holding the garments of those that stoned S. STEVEN did more stone him then any of the stoners them selues Magis saeuiens omnes adiuuaudo quà m suis manibus lapidando Certes Widdrington persuading by his bookes that the Oath is lawfull sinneth more damnably then any one of them that take the Oath yea taketh it in euerie one of them and stumbleth and falleth in them all and consequently more then them all But vae homini illi