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A73418 Roger Widdringtons last reioynder to Mr. Thomas Fitz-Herberts Reply concerning the oath of allegiance, and the Popes power to depose princes wherein all his arguments, taken from the lawes of God, in the Old and New Testament, of nature, of nations, from the canon and ciuill law, and from the Popes breues, condemning the oath, and the cardinalls decree, forbidding two of Widdringtons bookes are answered : also many replies and instances of Cardinall Bellarmine in his Schulckenius, and of Leonard Lessius in his Singleton are confuted, and diuers cunning shifts of Cardinall Peron are discouered. Preston, Thomas, 1563-1640. 1619 (1619) STC 25599; ESTC S5197 680,529 682

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with Gods enemie● c. thereby to discredit me with Catholikes and to draw their affection from mee and to make them beleeue that I am a Spie and haue intelligence with the State to seeke the ouerthrow of Catholikes I answere that it is a most vncharitable and malicious slander For I call God to witnesse that I neither began nor do continue to write of this dangerous and difficult question at the motion instigation counsell or aduise of any Protestant whatsoeuer but vpon my owne free will and motion after long deliberation had concerning all the dangers and difficulties which were like to befall mee thereby meerely and sincerely for the loue of God of my Prince and Countrey and a desire to know the truth in this important question which so neerely concerneth our obedience due to God and Caesar as I solemnly and sincerely protested in the Preface of my first booke 131 And as for my intelligence with the State I doe sincerely protest and call God to bee both a witnesse and Reuenger if it bee not true that albeit I haue beene sent for sometimes to my Lord of Canterburies Grace and other times although but seldome haue gone vnto him of my owne accord about my owne particular affaires and should haue gone oftener for diuers respects but that I thought it best to abstaine that such slanderous backbyters should not take occasion thereby to make greater clamours against mee yet I neuer gaue any intelligence or information against any Catholike man whatsoeuer that might bee to him the least preiudice in the world albeit I haue had sometimes both fit occasion and iust cause and which in my conscience I might lawfully haue done in defence of my owne good name to seeke redresse against some vncharitable persons who haue most vnconscionably wronged me and sought my ouerthrow who although they bee of great account among Catholikes yet if the truth were knowne they would be most odious to all men for their execrable dissimulation and vnchristian carriage Neuerthelesse I thought it best to remit my innocie and the iustice of my cause to almightie God who in due time will be a iust Iudge and a seuere Reuenger hoping that my patience might in time be an occasion of their repentance Yet I doe freely confesse and acknowledge that I am infinitely bound to his Maiestie to my Lord of Canterbury diuers others of high place degree although I haue neuer spoken with them for many speciall fauours among which I account this not to be the least that they haue gratiously been pleased to suffer Catholikes to make knowne to the world their vnfained loyaltie and how much they detest that horrible and most abominable Powder-treason and the bloodie grounds and principles thereof for all which their fauours and benefits I will euer pray for their eternall and temporall happinesse and account my selfe vnable to giue them sufficient thankes for the same And truely I doe wish with all my heart that all Catholikes would giue such outward tokens of their true and inward loyaltie and sincere affection towards his Maiestie and the State that they might deserue to receiue some comfortable fauour at their hands 132 Now for a finall conclusion Mr. Fitzherbert will bring a more authenticall testimonie and iudgement then his owne concerning my selfe and my writings to wit the forbidding of two bookes of mine by a Decree of the Cardinalls of the Inquisition which neuerthelesse as you shall see is rather a virtuall confirmation then any condemnation of my doctrine And now to conclude saith he e Pag. 224. nu 23. 24. with a more authenticall testimonie and iudgement then my owne concerning Widdrington and his workes I thinke good to giue thee heere a true copie of a Decree very lately printed and published by a Congregation of Cardinalls deputed by his Holinesse for the examination of suspected bookes who by his Holinesse expresse order and commandement haue condemned and prohibited such bookes of his as haue hitherto come to their hands to wit his Apologie and Theologicall Disputation For although they find by a certain Preface annexed to his Theol. Dispu that he hath written also an other booke against an English Doctor yet because they haue neuer seene it they haue not expresly and separately censured or named it in the Decree neuerthelesse the subiect thereof being such as by the Preface it seemeth to bee that is to say containing the same doctrine them he hath deliuered in his other a bookes all Catholikes may easily iudge what opinion they ought to haue of it and may iustly expect that if hee bee a Catholike as hee professeth to bee hee will now shew it not onely changing priuately his opinion but also publikely retracting his doctrine with all conuenient speede thereby to cleare himselfe according to an expresse admonition giuen him in the said Decree vpon paine of such Ecclesiasticall Censures as shall otherwise be inflicted vpon him 133 The Copy of the Decree is this DEcretum Sacra Conregationis Illustrissimorum S.R.E. Cardinalium a S. D. N. Paulo Quinto Sanctaque Sede Apostolica ad Indicem librorum eorundemquc permissionem prohibitionem expurgationem impressionem in vniuersa Republica Christiana specialiter deputatorum vbique publicandum Sacra Congregatio Illustrissimorum S. R. E. Cardinalium ad Iudicem deputatorum viso libro falso inscripto Apologia Cardinalis Bellarminij pru Iure Principum aduersus suas ipsius rationes pro authoritate Papali Principes Seculares in ordine ad bonum spirituale depon●ndi Authore Rogero Widdringtono Catholico Anglo 1611. eiusdemque Authoris alio libro inscripto Disputatio Theologica de Iuramento Fidelitatis Sanctissimo Patri Paulo Papae V. dedicata Albionopoli 1613. vtrumque librum damnandum atque prohibendum esse censuit sicuti de mandato Sanctissimi Domini nostri D. Pauli Papae V. prefenti decreto penitus damnat prohibet quouis idiomate impressium aut imprimendum ac nisi illorum Author qui se Catholicum profiteur quam primum se purgauerit censuris ac alijs paenis Ecclesiasticis intelligat se omnino coercendum Mandat autem quòd nullus deniceps cuiuscunque gradus conditionis sub paenis in Sacro Concilio Tridentino in Indice librorum prohibitorum contentis supradictos libros audeat imprimere aut imprimi durare vel quomodocunque apud se detinere aut legere subijsdem paenis praecipit vt quicunque nunc eos habent vel habuerint in futurum locorum Ordinarijs seu Inquisitoribus statim a presentis decreti notitia illos exhibeant In quorum fidem praesens decretum manu sigillo Illustrissimi Reuerendissimi Domini D. Cardinalis S. Ceciliae Episcopi Albanensis signatum munitum fuit die 16. Martij 1614. P. Episcopus Albanensis Candinalis S. Cecilia Locus ✚ Sigilli Reg. fol. 50. Fr. Thomas Pallauicinus Ordinis Praedicatorum Secretarius Romae ex Typographia Camerae Apostolicae 1614. A Decree TO
so good sincere and zealous a Catholike and yet lyeth lurking and schulking vnder another mans name of purpose as it seemeth to lash out more freely contumelious words which in his owne name he would blush to vtter for otherwise he needed not to disguise himselfe for feare of incurring the displeasure of Princes for the doctrine he teacheth so preiudiciall to their temporall Soueraigntie which also he will needes haue to be forsooth an vndoubted point of Catholike faith both for that he being a man of so high a ranke and place and liuing out of their dominions and subiection can by their indignation taken against him receiue but little harme and also for that he teacheth heere little or nothing in preiudice of their Soueraigne authority which he did not long before in his owne shape and name without putting on any maske or vizard in very plaine words maintaine But in what an exorbitant manner the Court of Rome doth proceede against those Catholikes who for desire to know the truth in matters of greatest moment speake or write any thing be it with neuer so great submission which seemeth in their opinion to derogate from that authoritie which some Popes of late yeres haue claimed as due to them although it is and euer hath beene contradicted by learned Catholikes it is too too manifest and their proceedings against mee and my bookes in commanding mee vnder paine of Censures to purge my selfe foorthwith and yet giuing mee no notice of any crime which I haue committed or any bad doctrine which I haue taught albeit I haue oftentimes with great instance desired to know the same protesting to purge and recall whatsoeuer I ought to purge and recall doth sufficiently confirme the same But now secondly to the matter from whence the virulent speeches of this Doctor hath caused mee to make this digression 21 Card. Bellarmine in his Controuersies laboured to prooue from the nature of euery perfect and well instituted Common-wealth Bell. lib. 5. de Rom. Pont. cap. 7. which ought to haue all sufficient and necessary authoritie to the attaining of her end that the Church of Christ must haue authoritie to vse and dispose of temporalls and consequently to inflict temporall punishmēts and to depose temporall Princes for that this authoritie is necessary to her spirituall end which is the saluation of soules because otherwise wicked Princes might without punishment nourish heretickes and ouerthrow Religion To this argument I answered in my Apologie Apolog. 176. seq graunting to Card. Bellarmine that euery perfect and well instituted Common-wealth ought to haue alwaies sufficient authority for as much as concerneth the authoritie it selfe to the attaining of her ende although she hath not alwaies sufficient power force meanes or abilitie actually to obtaine the same and to remooue all impediments which may hinder the same And so the Church of Christ being a perfect and well instituted spirituall Common-wealth hath all sufficient spirituall authority forasmuch as concerneth the authority it selfe to the attaining of her spirituall and which is the sauing of soules albeit she hath not alwaies sufficient power meanes or ability actually to bring all men to saluation to take away all the lets that may hinder the obtaining thereof But withall I denied that the authoritie to vse and dispose of temporall things or to inflict temporall punishments is necessary in spirituall Pastours to the sauing of soules but that the authority to vse and dispose of spirituall things and to inflict spirituall Censures or punishments is sufficient in spirituall Pastours to bring soules to saluation forasmuch as concerneth the authority and punishment themselues 22 Neither doth it therefore follow as Card. Bellarmine pretended to conclude that if the Church hath not authority to vse and dispose of temporalls and consequently to depose temporall Princes wicked Princes might without punishment nourish heretickes and ouerthrow religion For the Church by her spirituall authority may punish them grieuously with Ecclesiasticall Censures which punishments are so great and dreadfull that of themselues they are able to terrifie any Christian Prince and to withdraw him from euill But if some Christian Prince for want of due consideration bee not terrified with Ecclesiasticall Censures the spirituall authority of the Church cannot inflict vpon him any temporall or ciuill punishment for that the onely and last punishment which the Church or which is all one the spirituall Pastours thereof by the institution of Christ can inflict is Excommunication or some such like spirituall Censure or punishment Thus I answered in my Apologie 23 Now D. Schulckenius to confute this my answere flyeth from Card. Bellarmines reason grounded vpon the nature of euery perfect and well instituted Common-wealth which reason I tooke vpon mee in that place to confute to the Decree of the Councell of Lateran which is his common skar crow For when he cannot confute the answere which I giue to any reason or authority brought by Card. Bellarmine to prooue the Popes power to depose Princes then his custome is to flye from that reason or authority to the Decree of the Councell of Lateran as though that onely Decree of the Councell of Lateran of which Card. Bellarmine in his Controuersies made no account at all were now a sufficient proofe to make good all his other reasons and authorities which Decree neuerthelesse he expoundeth according to his priuate spirit contrary to the words and true meaning of the same Councell and in stead of the Lateran Councell which I doe not impugne he would thrust vpon Catholikes his owne opinion which he violently wresteth from the words of the Councell 24 For as I haue often told him I am a true and sincere Catholike yea and a farre truer then he himselfe is if he build his Catholike faith vpon such weake and fallible grounds which some Catholike● vnderstand in one sense and some in another it being well knowne to all learned Catholikes that the Catholike faith which is infallible cannot be built vpon vncertaine and fallible grounds and which are in controuersie among Catholikes but vpon vndoubted grounds and so acknowledged by all true and learned Catholikes So likewise I haue often told him that I doe giue all dutifull honour and respect to all the Decrees of any approoued Councell either touching faith or manners and I doe reuerence euery one of them in their due place and order but euery exposition which either Card. Bellarmine or any other priuate Doctour who may both deceiue and be deceiued maketh of any Decree of the Councell of Lateran or of any other Councell especially when other Doctours expound that Decree otherwise I doe not account to bee any good ground or rule of a true Catholike faith And therefore it is not true that I doe freely contradict the Decree of the Councell of Lateran but I doe freely contradict his priuate exposition of the Decree of that Councell it being contrary to the true sense and meaning of the wordes
plot the death of any Prince Wherefore let Widdrington cease by vaine words to put Secular Princes in feare and to make the Pontificall power to be odious The Pontificall power is instituted by the Sauiour of mankind for the saluation and not for the destruction of Princes These arguments doe tend to no other end then to prouoke the hatred of Princes against the Pope for otherwise Widdrington was not ignorant that Ecclesiasticall especially Pontificall lenitie doth shunne bloody punishments 12 But first whether D. Schulckenius by this his answered doth intend to acknowledge that the Pope in order to spirituall good hath authoritie to take away the liues of wicked Princes by all those waies publike or priuate by which temporall Princes haue authoritie in order to temporall good to take away the liues of their wicked and rebellious subiects which I intended by that argument to conuince in this place he speaketh doubtfully and in expresse words doth neither say I nor no yet afterwards he doth plainly enough affirme the same saying n Cap 9. ad nu 229. pag. 413. that Ecclesiasticall lenitie for as much as concerneth the punishment of death doth shunne bloody punishments not for that it doth by the law of God want power to doe the same but because it doth not beseeme the Ministers of Christ and againe It doth not belong saith he o Cap. 10. ad num 318. pag. 490. to the Ecclesiasticall Court to giue sentence of death not because the Church cannot absolutely giue this sentence but because it is not decent And the Pope himselfe might if he should iudge it expedient both giue this sentence and also grant by a dispensation that other Priests might doe the same For we haue nothing whereby it is forbidden but the positiue Ecclesiasticall law wherein the Pope by the consent of all men may dispence 13 Secondly this Doctor doth egregiously and against Christian charitie and iustice abuse my innocencie in misconstruing my good intentions which God is my witnesse are most pure and sincere For it was neuer my meaning to make the Sea Apostolike odious or dreadfull to Christian Kings and Princes but only to find out the Catholike truth plainly and sincerely in a matter of such great importance which doth so neerely concerne the supreme authoritie of all temporall Princes and the due obedience which all subiects of what religion soeuer they be doe by the law of Christ owe to them in temporall matters It is rather this Doctor and such as embrace his desperate principles who by this their false seditious scandalous and new broached damnable doctrine and vnknowne to the ancient Fathers and the primitiue Church doe seeke as much as lyeth in them to make the Sea Apostolike odious and dreadfull to all Christian Princes and subiects And if it be so easie a matter to answere my aforesaid arguments as this Doctor affirmeth why then doth he not answere them but shifteth them ouer with a let them passe as not pertaining to the purpose Is it not to the purpose that Card. Bellarmine and his followers should force vpon the Christian world the doctrine touching the Popes spirituall power to depose temporall Princes as a point of Catholike beliefe from which such absurd dangerous desperate scandalous seditious consequents and not heard of before these miserable times doe euidently follow 14 But such strang nouelties must with shufflings and shiftings be cunningly couered and must not be cleerely knowne to Soueraigne Princes and their subiects least forsooth they make the Sea Apostolike odious and dreadfull to Christian Princes As thought it were likely that Christ our Sauiour would giue to S. Peter and his Successours any spirituall power which should be a sufficient cause to make the Sea Apostolike odious to Christian Princes or that the knowledge of true Catholike faith either concerning the Popes spirituall power to take away the crownes or liues of Christian Princes or concerning any other thing could be a sufficient cause to make the Sea Apostolike odious to Christian Princes more then the knowledge of true Catholike faith concerning the power of temporall Princes to take away the temporall goods and liues of their subiects can be a sufficient cause to make temporall authoritie odious to Christian subiects Hostis Herodis impie Christum venire quid times said Sedulius who flourished about the yeere 430. Non eripit mortalia qui regna dat caelestia which is Englished thus That Christ is come why doest thou dread O Herode thou vngodly foe He doth not earthly Kingdomes reaue that heauenly Kingdomes doth bestow But Herode might iustly haue replyed if this new broacht doctrine were true yes I haue great cause to feare for that not only Christ but S. Peter also and his Successours haue by their ordinarie commission authoritie to bereaue mee not onely of my kingdome but also of my life 15 And the same answere which is also conforme to the doctrine of all the ancient Fathers would Sedulius haue made to any Christian King who should haue feared that the Pope by his spirituall power might depriue him of his kingdome and life to wit that he neede not to feare the Popes power in that respect for that Christ our Sauiour hath giuen to the Apostles and their Successours the keyes of the kingdome of heauen and not of earthly kingdomes to absolue from sinnes not from debts to binde the soule with the bond of anathema and not with chaines of Iron 16 But although the Pope should haue power ouer the liues of Princes in order to spirituall good yet Princes sayth this Doctour need not to feare that the Pope will plot the death of any Prince for that no Pope hath euer commanded the killing of Princes or caused them to be slaine by priuie murtherers and it is well knowen that Ecclesiasticall lenitie shunneth bloodie punishments But first if the Pope haue such a power it is euident that it is in his free choise and curtesie to take away the life of any wicked Prince in order to spirituall good as it is in the curtesie of a temporall Prince to take away the life of any wicked subiect in order to temporall good Secondly that the Pope is also bound as I prooued against Suarez to proceed against a Christian Prince See Apendix to Suarez part 1. sec 9. nu 6. seq who is a knowne heretike or persecutor of the Church or publike enemie to spirituall good in that manner and by all those waies publike or secret by which a temporall Prince is bound to proceed against a publike traitour a notorious robber and murtherer by the high way side and a knowne enemie to the common temporall good 17 Thirdly if no Pope hath euer plotted the death of any Christian Prince the reason heereof I thinke to be for that there was neuer any Pope that held this newly inuented and neuer before heard of bloody doctrine that the Pope as Pope or by vertue of his spirituall
no wise a Christian. 2 And Mr. Fitzherbert also maketh so great account of this decree that whereas hee spendeth onely three Chapters concerning the law of God in the olde and new Testament the law of Nature of Nations and the Ciuill law yet in examining this decree of the Councell of Lateran he consumeth seuen whole Chapters wherein hee hath borrowed of Fa. Lessius masked vnder D. Singletons name the greatest part of a whole Treatise which he made in the defence of this Decree and in the end he boldly affirmeth a P. 204. 205. that I am falne into flat heresie yea which is more by my owne grant and confession and why forsooth for not vnderstanding the Decree in that sense wherein Cardinall Bellarmine and some later Diuines specially Iesuites doe vnderstand it as though the authoritie of these men is so great that wee are bound to accept their priuate expositions concerning any text of holy Scriptures or sacred Canons for the voice of the Catholike Church But how vaine are the bragges of this boasting man and how palpable are his slanders taxing me of ridiculous absurditie folly temeritie malice impietie impudencie and heresie and then especially when my answeres are most strong and his Replyes most childish and impertinent you haue partly seene in the former Chapters and in the rest also you shall more cleerely perceiue 3 But before I come to shew what is the true sense and meaning of this decree it will not bee amisse first to see of what authoritie and credit among all Catholikes this great and famous Councell of Lateran is and ought to bee for this is very materiall to know whether any decree therein contained bee of it selfe sufficient to make any matter of faith which all Catholikes are bound to beleeue to be of faith as also because some make doubt Bel. lib. 2. de Concil cap. 13. saith Cardinall Bellarmine whether the last Councell of Lateran vnder Pope Leo the tenth which most expresly defined that the Pope is aboue a Generall Councell was truely a Generall Councell therefore euen to this day it remaineth a question also among Catholikes whether a Generall Councell be aboue the Pope or no. And although I doe not intend to deny or call in question the authoritie of this Councell but for my owne part doe willingly admit and approue the same yet for satisfaction of the Reader and that the trueth may the more easily bee found out and followed I thinke it necessarie to set downe the doubts and difficulties which some haue made against the authoritie of this so great and famous a Councell 4 First therefore it is certaine and out of controuersie that the aforesaid Councell of Lateran was called by Pope Innocent the third to which came all those Ambassadours Bishops and other inferiour Prelates mentioned heere beneath by my Aduersarie and in this all Histories doe agree in which respect it may truely be called the greatest and most famous Councell that euer was assembled in the Church of God albeit if we respect onely the number of the Bishops who were present thereat and who only according to Card. Bellarmines doctrine haue authoritie to decide determine and define as Iudges matters belonging to Christian faith and Religion the Councell of Chalcedon was farre greater whereat were present 630. Bishops and the Councell of Lyons vnder Pope Gregorie the tenth was also farre greater whereat were present according to Genebrard 500. Bishops and according to Binnius more then 700. whereas at this Councell of Lateran were onely 412. Bishops according to Matthew Paris and Abbas Vspergensis whom Binnius followeth who comprehend the two Patriarchs and 70. Archbishops in the number of the 412. Bishops But all the difficultie consisteth in this whether this decree which is now in question and all the other Canons which now are published as decrees of the Councell of Lateran were confirmed by the generall consent of all or the greatest part of all the Fathers or were onely propounded and rehearsed in the Councell but not approoued by common consent And one chiefe ground of this difficultie is taken from the testomonie of our countrey-man Matthew Paris a Benedictiue Monke of the Monasterie of S. Alban who both liued neere the time of this Councell See his Historie of Henrie the 3. in the yeere 1248. and was also reputed a man probatae vitae religionis expertae of an approoued life and tried religion as Pope Innocent the 4. doth testifie in regard whereof he was by the same Pope Innocent sent into the kingdome of Norway to reforme the Monasterie of Holme although in regard of his freedome of speech and vpright dealing he is vndeseruedly taxed by the most Illustrious and renowmed Cardinall de Peron as a great enemie to Popes in which respect he might also taxe him as a great enemie to all both Popes and Kings Clerkes and Laikes yea and to those of his owne Order for that hee freely and without partialitie rehearseth and taxeth the vices of all But the ancient prouerbe is by dayly experience found true Ohsequium amicos veritas odium parit Flatterie causeth friends trueth enmitie 5 Thus therefore hee writeth of that Councell b Mat. Paris vpon the yeere 1215. in the life of King Iohn after hee hath set downe the time and place where it was held and the number of persons who were present thereat All these being gathered together in the place aforesaid and according to the manner of Generall Councells euery man being placed in his order the Pope hauing made first an exhortation 60. Chapters were rehearsed in the full Councell which to some did seeme pleasing or easie to others burdensome At length he beginning his speech concerning the businesse of the Crucifix subioyned saying c. And the same Matthew Paris in his lesser Chronicle writeth thus But that Generall Councell which after the Papall manner did pretend great things at the beginning ended in scorne and mockerie whereby the Pope cunningly deluded the Archbishops Bishops Abbots Deanes Archdeacons and all that came to the Councell For when they now perceiued nothing to bee done in so great a businesse they being desirous to returne home desired leaue one after another which the Pope did not grant them before they had promised him a great summe of money which they were constrained first to borrow of Romane merchants and pay it to the Pope before they were permitted to depart from Rome The Pope now hauing receiued the money did freely dissolue this gainefull Councell and all the Cleargie departed sorrowfull 6 From which worde of Matthew Paris it seemeth to follow that neither all these 60. Chapters mentioned by him were made by the order of the whole Councell but rather by Pope Innocent himselfe or by his direction before the Councell began both for that at the very beginning of the Councell after the Pope had made his sermon it seemeth that they were rehearsed in the full Councell and also
from hence bee necessarily inferred that the aforesaid Doctours should thereby take vpon them to determine an article of faith to make a manifest and ineuitable schisme in the Church of God yea and to precipitate men into a manifest heresie and account the Pope if he should not hold the same not to bee the head of the Church and Christs Vicar but an hereticke and Antichrist and all the other parts of the Church who should maintaine the contrary not to bee true parts of the Church but members of Antichrist Of this question I would gladly be resolued for the resolution thereof would giue no small light whereby the iudicious Reader may see of what force are the chiefest obiections and inferences that the Cardinall of Peron vrgeth aginst the oath of France and the decree of the Parliament of Paris made the second of Ianuary 1615. 39 And thus much concerning the Lord Cardinall of Peron whom in truth I was very loath to mention for the great reuerence and respect wherewith I honour his Grace in regard of the singular gifts of honour and nature wherewith he is adorned but that the defence of truth in this important question touching our duties to God and Caesar and of my innocency which the slanderous tongues of some haue vniustly branded with the infamous note of errour and heresie for impugning their new inuented Catholike faith touching the Popes power to depose Princes and also the publishing of his oration to the view of the world wherby many vnlearned Catholikes not being able to discerne his artificiall and cunning manner both in propounding and handling this dangerous question touching the deposition of Princes are pittifully deluded and seduced haue vrged me thereunto Now to the matter from whence vpon this occasion giuen me by my Aduersarie touching the doctrine of Ioannes Parisiensis I haue made this digression 40 And as for the matter it selfe saith Mr. Fitzherbert c pag. 160. n. 7. for the which my Aduersary Widdrington produceth their testimonies to wit to prooue that many decrees of the Popes and generall Councells touching temporall things haue beene alwaies made with the expresse Nu. 47. or secret consent of Princes I cannot see what he could gaine or prooue thereby for the question now in hand if it should be granted him For would hee inferre that because many things haue beene decreed by Popes and Councels touching temporall matters therefore no such thing could be decreed in the Councell of Lateran without them Who seeth not the weakenesse and absurditie of this inference seeing that nothing else can follow of those premisses directly but that as diuers other decrees concerning temporall matters haue beene made with the consent of the Princes so also it may be that this Canon of the Councell of Lateran was made in like manner with their consent which no man will deny yea wee willingly grant not onely that it might bee so but also that it was so and inferre thereupon that forasmuch as all Christian Princes gaue their consent to this Canon in that famous generall Councell which was as I may say the Parliament of all Christendome therefore they are and euer shall be subiect thereto except it be repealed by some other generall Councell of like authoritie But how doth it follow that because this and diuers other Canons concerning politicall matters haue beene ratified by temporall Princes therefore they could not be lawfully made without their consent which is the point that Widdrington must prooue if he will argue to the purpose 41 But if Mr. Fitzherbert had beene pleased to consider with an indifferent eye my answere and the principall drift and scope thereof he might easily haue seene that my answere was good and strong and the authority which I brought from Ioannes Parisiensis and Hostiensis sufficient to confirme the same For my principall answere was this that the decree of the Councell of Lateran did not in those generall words Dominus temporalis Dominus principalis non habens Dominos principales comprehend absolute Princes but onely inferiour Landlords Magistrates or Lords it being made by the consent and authority of absolute Princes as ordaining the inflicting of temporall punishments which to ordaine doth not belong to the spirituall but onely to the temporall power and that therefore not onely it did not but also it could not in those generall words comprehend absolute Princes themselues by whose authority it was made And to preuent an obiection which I foresaw some might make to wit that the decrees and Canons of Popes and Councels haue their force to binde from the authority of the Church and not from the consent approbation ratification or authority of temporall Princes I gaue the aforesaid answere that Popes and Councels doe oftentimes ordaine many things which to ordaine belongeth rather to the ciuill then to the Ecclesiasticall power by the expresse or tacite consent of Princes who are present by themselues or their Ambassadours or else presuming or at leastwise hoping that temporall Princes will ratifie the same and for the confirmation hereof I brought the authority of Hostiensis who affirmeth that according to the opinion of some Doctors which also Pope Innocent Io. Andreas doe affirme that the Canon Ad abolendam de haereticis wherein it is ordained that if Counts and Barons Rectours and Consuls of Cities and of other places doe refuse to take an oath to defend the Church against heretikes they shall be depriued of their honour had therefore force to binde because the Emperour gaue his consent thereunto And that therefore it is no maruaile if this decree of the Lateran Councell for as much as concerneth the inflicting of temporall punishments had therefore force to binde for that temporall Princes consented thereunto 42 And by this it is cleare that my meaning was not onely to affirme that the decree of the Lateran Councell for as much as concerneth the inflicting of temporall punishments was made by the consent of absolute Princes onely in that manner as absolute Princes do giue their consent to the making of Ecclesiasticall lawes and Canons which doe meerely proceede from Ecclesiasticall or spirituall authority but also that it was made by the consent and authority of absolute Princes for that to ordaine the inflicting of temporall punishments belongeth rather to the Ciuill then to the Ecclesiasticall power and therfore it would not haue had force to binde vnlesse absolute Princes had consented thereunto As likewise the Canon Ad abolendam wherein temporall punishments were inflicted was therefore of force according to the opinion of some Canonists as Hostiensis relateth for that the Emperour consented thereunto although the ordaining or inflicting of Excommunication which in that Canon Ad abolendam was ioyned together with the depriuation of temporall honour as it is also ioyned in the decree of the Lateran Councell did proceed and had force to binde from the spirituall authoritie of the Church to whom onely it belongeth to inflict
make the doctrine for the Popes power to depose Princes to be a point of faith and the contrary to be hereticall 38 Thirdly when I affirmed that from the vndoubted doctrine of the Catholike Church this onely can be gathered that Christ hath promised the infalliable assistance of the holy Ghost not to facts or probable opinions of Popes and Councells but to definitions onely by facts I vnderstand such acts as are not grounded vpon any doctrine of faith and by definitions I meant those Decrees which are propounded as of faith or which without any doubt or controuersie are deduced euidently from such infallible definitions or principles of faith of which sort this Act or Decree of the Lateran Councell is not as it is euident for those many reasons before alledged 39 And whereas Widdrington addeth saith Mr. Fitzherbert n Pag. 133. nu 12. Supra nu 1. an other circumstance to wit that the Councell did not determine by this Decree that the future deposition of Princes should proceede from an vndoubted lawfull authoritie or from the Ecclesiasticall power onely without the consent of Princes he is no lesse impertinent then in the former for what need was there to determine that the Pope had an vndoubted lawfull authoritie to depose Princes seeing that the same was not then any way called in question but admitted for a knowne truth as it is euident for that the whole Councell determined the practise of it Naucler go●erat 41. ad ann 12. which they would not haue done if they had doubted of the lawfulnesse of the Popes authoritie in that behalfe But first Mr. Fitzherbert doth egregiously abuse both me and his Reader in adding both heere and aboue the word Princes as though I had acknowledged that Act of the Lateran Councell to concerne the future deposition of Princes whereas I euer affirmed that it did onely concerne inferiour Magistrates Potestaes Landlords and Lords and not Soueraigne Princes and therfore I said onely that future deposition and my Aduersarie addeth of himselfe the word Princes 40 Secondly whether it was needfull or no for the Councell to declare whether that Act concerning the future deposition of temporall Landlords Magistrates or Lords or rather the denouncing of them ipso facto deposed was made by spirituall or temporall authoritie it is nothing materiall to our question this being sufficient for me that seeing that very many Catholike Doctors do affirme that the Ecclesiasticall power by the institution of Christ doth not extend to the inflicting of temporall punishments as is the absoluing of Vassals from their temporall fealtie and the Councell did not declare by what authoritie that Act was made any Catholike man may probably and without any note of temeritie much lesse of heresie affirme that it was made not by any vndoubted lawfull Ecclesiasticall authoritie but onely by the authoritie licence and consent of absolute Princes But although it were not absolutely necessarie that the Councell should haue declared whether that future deposition was to proceed from Ecclesiasticall or temporall authoritie yet to make it a point of faith which all men are bound to beleeue that the aforesaid deposition was to proceede from Ecclesiasticall authoritie and not temporall it was necessarie that the Councell should haue declared the same especially supposing that it is truely probable that the Ecclesiasticall power doth not extend to the inflicting of temporall punishments As also if the Pope being now both a spirituall Pastour and also a temporall Prince should make a law whereof there may bee made a probable doubt whether it was made by vertue of his spirituall or of his temporall authoritie it is necessarie to make this point certaine and out of controuersie that he declare by what authoritie temporall or spirituall that lawe was enacted 41 Thirdly it is very vntrue that the Popes power to depose Princes was not then any way called in question but admitted for a knowne truth for that from the very first broaching thereof there alwayes hath beene a great controuersie saith Fa. Azor betwixt Emperours and Kings on the one side Azor. tom 2. li. 11. ca. 5. q. 8 and the Bishops of Rome on the other whether in certaine causes the Pope hath a right and power to depriue Kings of their kingdome And the euident reason which Mr. Fitzherbert bringeth hereof to wit for that the whole Councell determined the practise of it is the maine question which is now betwixt vs and so he bringeth for an euident reason that which is the controuersie and to be prooued which is an euident petitio principij and condemned as vicious by all Logicians Neither doth Nauclerus whom my Aduersarie citeth in the margent as though hee would make his Reader beleeue that Nauclerus affirmeth that the whole Councell decreed the practise therof affirme any such thing For Nauclerus words are onely these There were many things truly then consulted of yet nothing could be plainly decreed for that they of Pisa and Genua made warre one against the other by Sea and those on this side the Alpes by land Yet some Constitutions are reported to be published whereof one is that whensoeuer the Princes of the world shall offend one the other the correcting belongeth to the Bishop of Rome Where you see first that Nauclerus expresly saith that albeit many things were consulted yet nothing at all could be plainely decreed Secondly that it was onely a report that some constitutions were published Thirdly he doth not say that these Constitutions were of the whole Councell or onely of Pope Innocent and recited in the Councell as Matthew Paris said Fourthly that this report was vntrue it is also plaine seeing that there is no such Constitution as hee mentioneth to be found in the Lateran Councell And lastly albeit there were such a Constitution it is nothing to the purpose seeing that it onely saith that when Princes are at variance it belongeth to the Pope to correct them to wit by Ecclesiasticall Censures which is not the question but that it belongeth to the Pope to correct Princes by deposing them and by inflicting temporall punishments which is the maine controuersie and whereof the practise as Mr. Fitzherbert saith citing Nauclerus in the margent was decreed by the whole Councell Nauclerus speaketh not any one word at all 42 Also Pope Innocent the third saith Mr. Fitzherbert o Pag. 183. u. 13. Naucler geuerat 42 ann 1246. Matth. Paris in Henrico 3. See Adolp Schulc pro Card. Bell. ca. 12 14 where he confuteth the answeres of Widdrington to these examples vnder whom the Councell of Lateran was held had not past three or foure yeeres before depriued the Emperour Otho of his right to the Empire by a sentence of Excommunication and deposition by vertue whereof Frederike the second whose Ambassadours were present at the Lateran Councell was made Emperour who also was afterwards deposed by Innocentius the fourth in the Generall Councell held at Lyons as
Fa. Lessius his first argument which he produced without any restriction or limitation to be restrained and limited only to the decrees of Popes and generall Councels which are made for the direction and gouernment of the whole Church and doe not onely concerne particular facts licences dispensations and iudiciall sentences concerning some particular Countries or persons besides that I haue declared aboue in what sence that proposition is true to wit that such decrees must be made by true Ecclesiasticall and not ciuill authority and also that they must be such decrees and sentences wherein it is certaine and of faith that the Church cannot erre I haue also here produced a decree of Pope Sixtus the fourth concerning the Feast of the blessed Virgins conception which was made for the direction and gouernment of the whole Church and yet the ground and foundation of that decree was vncertaine as I prooued aboue and will more cleerely confirme beneath and euidently shew how Mr. Fitzherbert to answere this decree is forced to forsake the doctrine of the most learnedst Diuines of his own Society And also I might adde hereunto the decrees of Popes touching the canonization of Saints the ground and foundation whereof doth not appertaine to faith seeing that as I shewed before out of Canus that it is not hereticall to affirme that the Church may erre in the canonization of Saints and yet these decrees are made for the direction and gouernment of the whole Church But as concerning the decree or rather Act of the Lateran Councell touching the deposition of temporall Land-lords or Magistrates it is euident that I made no inference or any mention at all thereof in any one of my three Instances or examples as this man most shamefully affirmeth 43 Yet if he will needes haue me to apply this doctrine touching the vncertainty of the grounds and foundations of Popes decrees and sentences to the decrees of generall Councels and in particular to the often named Act of the Lateran Councell I doe confidently affirme that whensoeuer it is vncertaine and disputable among learned Catholikes whether a generall Councell hath authority to make this or that decree by her spirituall power without the consent and authority of temporall Princes as to inflict temporall punishments and to dispose of temporals wherein temporall Princes onely are supreame and the Councell maketh such a decree concerning the inflicting of temporall punishments or the disposing of temporals without declaring that she doth make that decree by her spirituall authority then I say it is lawfull for any man without any note of heresie errour or temerity to expound the decree of that Councell according to the probable opinion of those learned men and to affirme that the Councell made that decree not by spirituall power but by the consent and authority of temporall Princes And this is our case concerning the decree or rather Act of the Lateran Councell Neither is this to impugne the decree of the Councell but onely to expound it according to the probable doctrine of Catholikes And if Mr. Fitzherbert will say that this inference is ridiculous absurd improbable and not to the purpose and that hereby we may inferre quidlibet ex quolibet he sheweth himselfe as the plaine truth is to haue small skill in Theologicall learning 44 In the meane time saith he x Pag. 190 nu 12. ad finem Widdrington is to vnderstand further concerning this point that whereas hee demandeth whether it is not a most grieuous errour to graunt such licences whereupon most grieuous Sacriledges may follow to wit the inualid administration of Sacraments I answere that the Church both doth and may minister Sacraments in cases of necessitie vpon a propable opinion without any danger of formall sacriledge or sinne as when a childe is baptized in one of his feet or hands before he be fully borne into the world or when the Sacrament of Extreame Vnction is giuen to one of whom it is not certaine whether he be fully dead In these cases I say and diuers other such the Church doth administer Sacraments with some danger of inualiditie and yet without danger of formall Sacriledge in respect of the great hope of benefit which may follow to the soules of those to whom they are administred and I verily thinke that there was neuer any Catholike so impious hitherto as to condemne the same as sacrilegious either in the most famous and holy Father S. Gregory the Pope or in any other of his successors for albeit some learned men haue indeed denied that they had authority to giue such licence yet they were not so inconsiderate as either to condemne them of most grieuous or sacrilegious errour or to deny that the other opinion was probable seeing that it had beene practised so long since by S. Gregory and approoued not onely by so many most famous and learned Doctours but also by the Councell of Florence which treating of the Sacrament of Confirmation and hauing said that the Bishop is the Ordinary Minister thereof addeth afterwards Legitur tamen c. yet it is read that a simple Priest hath administred it by the dispensation of the Sea Apostolike with Chrisme or holy Oyle made by a Bishop 45 So saith the Councell giuing to vnderstand that although a Bishop is the ordinary Minister of the Sacrament of Confirmation yet a Priest may be the extraordinary Minister of it by dispensation of the Sea Apostolike And this I hope may suffice to free as well S. Gregory as other Popes his Successours from all errour and much more all danger of sacriledge in this point Besides that the grant of such licences being meere matters of fact and concerning onely particular persons and Countries could not any way preiudice our cause albeit they were erroneous or sacrilegious seeing that as I haue sufficiently signified before the question betwixt him and vs for the present is only about a generall Decree of a Generall Councell ordained for the speciall good and benefit of the whole Church wherein wee doe indeed acknowledge the infallible assistance of the holy Ghost though not in euerie particular fact of a Pope Thus much for his first Instance 45 But still this man discouereth either his grosse ignorance or his accustomed fraud For first whereas I spake onely of errour of materiall sacriledge and of inualid administration of the Sacrament of Confirmation this man replieth of sinne of formall sacriledge and of vnlawfull administration of Sacraments For although it be certaine that a man may lawfully and without sinne or formall sacriledge minister Sacraments in cases of necessitie vpon a probable opinion yet it is not certaine that in such cases the Sacrament is ministred with effect and without errour or materiall sacriledge for truth falshood and errour haue their denomination from the effect or thing it selfe and probable ignorance and errour doe make the act lawfull though not valid and with effect 46 Secondly there is a great disparity betwixt
the State to take compassion of them and to suffer them to make their innocencie and oppression knowne to the whole world in that manner they should thinke fittest being so infinitely wronged for his Maiesties sake in yeelding him that temporall allegiance which he requireth and they in their consciences thinke to be due to him 116 An other reason may be a willingnesse in his Maiestie and the State to haue plainly discouered to the whole world the different grounds and principles in things concerning obedience due to God and Caesar etwixt Catholikes of quiet disposition and in all other things good subiects and such other Catholikes as in their hearts maintaine the like violent bloody maximes that the Powder-Traytors did and a desire that his Catholike subiects would plainly let him see that in all temporall affaires they would and might lawfully according to the grounds of Catholike Religion adhere to him notwithstanding any authority by which the Pope might pretend to commaund them the contrarie whereby himselfe and his State might bee the better secured from all perturbations which might arise from thence and they also freed from most grieuous penalties which otherwise would bee imposed vpon them 117 And if the Pope should vpon some occasion offered be desirous to know how the Iewes that are borne and liue in his temporall Dominions stand affected towards him in point of their ciuill loyaltie and due obedience and whether they thought that their Chiefe Priest or Synagogue had according to the grounds of their Religion authoritie to absolue them from the bond of their naturall allegiance and for that cause should suffer bookes to be printed vnder the name of Iewes with Epistles dedicatory to their chiefe Priests and submission of the whole to the censure of their Synagogue or if the French King should for some good respects bee desirous to know the like concerning his Protestant subiects and thereupon suffer bookes to be printed vnder the name of Protestants with Epistles dedicatory to their chiefe Ministers and submission of the whole to their Congregation or Synode would not any man thinke it to bee both a manifest slander and childish inference to conclude from hence that eyther the Pope was turned Iew or the King of France become a Protestant for suffering such bookes to be printed in that manner or that therefore they knew the Authours of them meant the same for a meere mockery and derision of their chiefe Priests Ministers or Synodes honouring them as the Iewes did Christ when they kneeled downe and adored him saying Aue Rex Iudaeorum and spitting in his face And yet these are the manifest arguments which this vncharitable and ignorant fellow obiecteth against me to proue me an heretike disguised and masked vnder the vizard of a Catholike 118 An other Argument of the like kind vrgeth against mean other as foule a mouth'd and vncharitable Aduersarie of mine to wit that my bookes are printed without license and approbation of Catholike Superiours contrary to the decrees of the Lateran Councell vnder Pope Leo the tenth and also of the Councell of Trent But besides that this is more then this man doth know or can sufficiently prooue it is well knowne that neither that Lateran Councell nor the Councell of Trent were euer authentically receiued heere in England whereupon clandestine marriage which by a decree of the Councell of Trent is made inualide is heere in England euen among Catholikes accounted a true and valid marriage Moreouer it is well knowne that according to the doctrine of many learned Diuines which I haue related else where c In Disp Theol. cap. 10. sec 2. nu 41. Ecclesiasticall lawes doe not binde when there is danger of some great temporall harme by the obseruing of them or when some other necessitie to auoid great scandall or danger to Religion or the temporall common-wealth to know the trueth in a thing necessary to the great temporall or spirituall good or harme of many persons impugned by craft and violence and to defend himselfe and his credite from the slaunderous reports of vncharitable Aduersaries and such like necessities which are commanded or permitted by the law of God and nature all which may by any man of iudgement be applyed to the bookes written by me 119 Besides that saith Mr. Fitzherbert d Pag. 222. nu 20. and 21. their Lordships know full well that Widdrington shall more easily instill his pernicious doctrine into the mindes of Catholikes vnder the pretence and name of a Catholike of a friend and of a brother of theirs then if hee should discouer himself to bee a Protestant and enemy of their cause for as the Poet saith Tuta frequensque via est per amici fallere nomen Tuta frequensque licet sit via crimen habet Which one translated very aptly thus It is a safe and common way by friendship to deceiue Though safe common be the way t' is knauery by your leaue S. Ambrose saith Nihil periculosius his haereticis esse potest c. S. Ambros de filij diuvnt c. 1. Nothing can bee more dangerous then those heretikes who with some one word onely as with a drop of poyson doe infect the pure and sincere faith of our Lord and of the Apostolicall tradition But what would he haue said if he had seene this fellowes bookes impugning directly the Sea Apostolike and the whole course of the Ecclesiasticall gouernment vnder a solemne protestation and profession of obedience to the Church would he haue thought any thing more dangerous or pernicious then him and his workes No truely 120 That which his Maiesty and the State might very well know for their secret thoughts and intentions we cannot know but by coniecture was this that Catholikes would hardly beleeue or reade the writings and bookes of Protestants in matters which may be thought to concerne Religion And therefore to the end his Catholike subiects might plainely see and discerne according to the grounds of Catholike Religion the true difference betwixt spirituall obedience due to the Pope and temporall allegiance due to himselfe and the proper acts and obiects of eyther of them and thereby might the more easily be drawn to giue him that temporall allegiance which hee requireth at their hands And that also all other Catholikes of other Countreyes might perceiue the lawfulnesse of the Oath against which the Iesuites especially did so greatly exclaim vpon what doctrin principles his Maiesty grounded the same also that he himselfe might certainly know what particular exceptions his Holinesse would or could take against any clause of the Oath and what one thing in particular therein contained is contrary to faith and saluation as his Holinesse had in generall in his Breues affirmed that many things were therein clerely repugnant thereunto his Maiesty thought it not amisse to suffer my bookes to be printed vnder the name of a Catholike with Epistles dedicatory to the Pope and with submission of the