the way to saluation and yet their sheep are not alwaies bound to heare and follow their voyce or call to beleeue with Catholike faith all their doctrine or to obey all their commandements for that their definitions are not certaine and infallible neither are they alwaies so assisted by the holy Ghost that they cannot command vnlawfull things So that albeit the Pope be our supreame spirituall Pastour Superiour and Iudge yet wee are not bound to obey him but in lawfull things and to which his authoritie doth extend 90 And if you aske againe to whom shall it belong to iudge whether the Popes definitions or doctrine be true or false or his commandements conforme to the law of God or no or that he exceed the authority and commission which Christ hath granted him or no I answere that if wee speake of Iudgement as it is an act of Iustice or of a Iudge doing iustice supposeth in him a superiority authority ouer the person whom he iudgeth which the Diuines call iudicium potestatis a iudgement of authority then according to the Diuines of Rome only God can iudge the Popes actions except in case of heresie or of schisme when more then one contend to be Pope for in these cases they graunt that a generall Councell may iudge the Pope But according to the Diuines of Paris not onely in the aforesaid cases but also in many others a Generall Councell whom they grant to be superiour to the Pope may by way of authority iudge the Popes actions and declare determine and define whether his definitions and commandements be conforme to the word and law of God or no. But if wee take iudgement S. Thom. prima secuÌ„da q. 93 ar 2. secunda secundae q. 51. ar 3. q. 60. ar 1. as it is an act of the vnderstanding and is commonly called by the Philosophers the second act or operation thereof and signifieth a right discerning or determination of the vnderstanding betwixt truth falshood good and euill in euery matter whether it be speculatiue or practicall and consisteth in the apprehension of a thing as it is in it selfe which the Diuines call iudicium discretionis a iudgement of discretion then euery learned man may iudge and discerne whether the Popes definitions or doctrine be true or false and whether his commandements bee conforme to the law of God or no neyther is that vulgar saying None can iudge his superiours actions to be vnderstood of this iudgement but of the former for this inward and priuate iudgement is the guide of euery mans conscience by which for that it is the rule of all morall actions he must iudge and discerne all his thoughts words and deeds actions and omissions 91 Seeing therefore it is a controuersie among learned Catholikes whether the Pope can erre in his definitions if hee define without a generall Councell and consequently they cannot be infallible grounds of Catholike faith it is euident that whensoeuer the Pope defineth any doctrine to be of faith which in very deed is Catholike doctrine and of faith we must not beleeue with Catholike faith that doctrin to be Catholike and of faith because the Pope hath defined the same for this reason and ground is as I haue said vncertaine and fallible but because the Catholike Church 1. Tim. 3. which onely is the infallible propounder of Catholike faith and according to the Apostle the pillar and ground of truth hath approued the same to be Catholike and of faith And thus much concerning the Popes definitions and decrees in points of faith and which are to be beleeued with Catholike faith 92 Now concerning manners and things commanded to bee done or not to be done we must carefully distinguish betwixt declaratiue and constitutiue precepts or commandements for in constitutiue commandements which doe make the thing which they forbid to be vnlawfull and doe not suppose it to be otherwise vnlawfull and forbidden by some former law first if the Pope command a thing which is manifestly lawfull and subiect to his commanding power wee are bound to obey but with this caueat or prouiso if by obeying we are not like to incurre any probable danger of some great temporall harme for that no Ecclesiasticall law setting aside scandall or contempt which are forbidden by the law of God and nature doth seldome or neuer binde with any great temporall losse as I obserued elsewhere u In Disp Theol. cap. 10. § 2. nu 41. out of the common doctrine of Catholike Diuines Secondly if the Pope perchance commaund a thing which is manifestly vnlawfull then we are bound not to obey according to that saying of S. Peter God must be obeyed â—ather then men Acts cap. 5. 93 Thirdly if it be doubtfull whether the thing which the Pope commandeth be vnlawfull or whether he hath authority to command that thing or no In the discouery of D. Schulckenius caâ—umnies calum 15 nu 12. seq Sot de deteg secret memb 3. q. 2. then as I obserued elsewhere according to the doctrine of many learned Diuines as Sotus Corduba Salon Sayrus and others wee must doe that wherein there is lesse danger according to that approoued maxime Of two euils the lesser is to be chosen But Sotus doth more plainely and distinctly declare the whole matter When the Superiours commandement saith hee is of a thing secure and lawfull where no danger ariseth to the publike good or to a third person in a doubtfull matter we must for the most part obey As for example my Superiour commandeth me to study or to helpe sicke persons which are actions wherein there is no danger although it be doubtfull whether hee may impose such a commandement I must obey yet I added saith he for the most part because I am not alwaies bound to obey in a doubtfull matter as if the thing be ouer burdensome or laborious to the subiect For if my Superiour commaund me a long iourney and a hard or vneasie thing and it is doubtfull whether he hath authoritie to commaund the same I am not bound forthwith to obey And a little beneath the same Sotus as I related his words more at large aboue affirmeth that when it is doubtfull whether the Superiour commandeth that which is lawfull if it be in preiudice of a third person because that third person is in possession of his credit and goods we must incline to that part where there is lesse danger For when such danger doth arise to a third person if the subiect be doubtfull he doth not against obedience if hee demand of his Prelate a reason of his commaundement propounding humbly the reasons of his doubt Thus Sotus And by this the Reader may cleerely vnderstand the true sense and meaning of that vulgar maxime In doubts wee must obey our Superiour and stand to his iudgement 94 And as concerning declaratiue precepts which doe not make the thing which they forbid to be vnlawfull but doe onely declare
and Saphyra and of others and from the practise of the Church and the person of man are cleerely confuted CHAP. VIII M. Fitzherberts arguments taken from the law of Nations and the Ciuill law are answered and first the difference betwixt the Priests of the old and new Testament and the Priests of other Nations and also betwixt the law of Nations and of Nature is declared Secondly from thence it is prooued that among all Nations the ciuill common-wealth was supreme and disposed of all things both spirituall and temporall and punished all persons both Priests and others with temporall punishments and consequently that the new Oath cannot be impugned by the law of Nations Thirdly what M. Fitzherbert obiecteth from the Ciuill Law is confuted CHAP IX First the difficulties which some make concerning the authoritie of the Lateran Councell are propounded Secondly the decree of the Councel which is commonly vrged to prooue the Popes power to depose Princes is related Thirdly Widdringtons first answere to the said decree is prooued to be sound and sufficient and M. Fitzherberts replies against the same are confuted CHAP. X. Widdringtons second answere to the decree of the Lateran Councell affirming that absolute Princes are not comprehended therein because they are not mentioned by their proper names but by inferiour titles is prooued to be neitheir improbable nor absurd but conforme to the doctrine of learned Diuines and Lawyers and M. Fitzherberts exceptions against the said answere are shewed to be very insufficient and fraudulent CHAP. XI Widdringtons first answere to an obiection propounded by himselfe is prooued to bee sufficient and that the consent of temporall Princes is necessary to the validitie of Ecclesiasticall constitutions which inflict temporall punishments and consequently are not made by true spirituall authoritie Secondly the doctrine of the Lord Cardinall Peron in his speech to the Lower house of Parliament against the Oath propounded by them is examined Thirdly M. Fitzherberts obiections grounded vpon the decrees of Pope Callixtus Vrbanus the Councell of Eliberis in Spaine and the constitution of the Apostles are cleerely confuted CHAP. XII An other answere of Widdrington grounded vpon certaine Glossers or Expositours of the Canon Law is confirmed and M. Fitzherberts exceptions against the same are prooued to be fraudulent and insufficient Secondly it is shewed that from no Canon of the Church it can be prooued that the custome of the Church is or hath beene to inflict by her spirituall authoritie temporall penalties Thirdly the true difference betwixt the Diuines and Canonists concerning the Popes power in temporalls is declared CHAP. XIII Widdringtons third answere to the decree of the Lateran Councell is confirmed Secondly it is shewed how certaine it is according to the doctrine of learned Catholikes that the Church cannot erre in decrees or precepts of manners from whence it is cleerely deduced that from the Decree or rather Act of the Lateran Councell it cannot with any colour of probabilitie be prooued that it is a point of faith that the Pope hath authoritie to depose temporall Princes Thridly all M. Fitzherberts arguments to shew the contrary are most plainely confuted CHAP. XIIII Three Instances grounded vpon three examples of Popes Decrees and sentences brought by Widdrington to confute three arguments of Fa. Lessius whereby he laboureth in vaine to demonstrate that the foundations of the Decrees and sentences of Popes and Councells must bee certaine and of faith are prooued to be sound and sufficient Secondly the first example brought by Widdrington is confirmed and M. Fitzherberts exceptions against the same are confuted and hee himselfe in setting downe Widdringtons Instances and applying them to the decree of the Lateran Councell is conuinced of manifest fraud and falshood Thirdly that proposition Many things may be certaine to the Sea Apostolike and yet seeme vncertaine to other learned men is examined CHAP. XV. Widdringtons second example and his Instances grounded thereon are confirmed and M. Fitzherbert in impugning the same is conuinced of manifest fraud and ignorance in taxing therein of fondnesse the learnedst Diuines of his owne Societie Also Widdringtons third example and his Instances grounded thereon are prooued to be sound and sufficient and M. Fitzherberts fraud in relating the said Instances and applying them to the Lateran Councell is plainely discouered CHAP. XVI Another argument or rather answere of Widdrington is confirmed and M. Fitzherbert in labouring to prooue that Widdrington by his owne grant is fallen into heresie or errour is conuinced of palpable ignorance The Conclusion of all Widdringtons discourse in his Preface to his Apologeticall answere is confirmed and what M. Fitzherbert excepteth against the same and also his briefe Recapitulation of all his Discourse in this his Treatise are confuted CHAP. XVII M. Fitzherberts vncharitable Admonition to the Catholike Reader that Widdrington is no other then an heretike disguised and masked vnder the vizard of a Catholike and that his submission to the Catholike Romane Church proceedeth from no other ground but from a deepe dissimulation or rather artificial and execrable hypocrisie to delude and deceiue Catholikes is clearely confuted and prooued to be voide of charity learning and sincerity and what reasons the King and State may haue to permit such submissions is there declared Widdringtons answere to the Popes Breues forbidding the Oath is confirmed and hee freed from all disobedience and irreuerence for not admitting them The decree of the Cardinals forbidding two of Widdringtons Bookes and commanding him to purge himselfe forthwith is fully answered by his Purgation and humble Supplication which he made forthwith to his Holinesse THE PREFACE TO THE READER HOw dangerous and pernicious a thing it is deare Contreymen in any temporall Kingdome or Common-wealth to coyne or willingly to vtter and much more by fraud or violence to force the people to accept of counterfait money any man of meane vnderstanding may easily perceiue And truely no lesse dangerous and pernicious is it in the spirituall Kingdome and Church of Christ 1 Tim. 3. which is the pillar and firmament of truth to inuent forge or divulge and which is farre worse to thrust vpon the faithfull by fraud and violence false articles and positions for true and infallible Catholike faith but especially in things which are greatly preiudiciall to the temporall Soueraigntie of Christian Princes whom Christ our Sauiour hath appointed to be Nurcing Fathers and Protectours of his Church Isay 19. Concil Trid. sess 25. cap. 20. de Reform for that thereby not onely Christian Princes are extreamely wronged but also the Christian Religion is greatly scandalized and the soules both of Princes and subiects are much endangered and therfore no lesse thanks doe they deserue at the hands of the Church of God who should discouer a false and forged Catholike faith and the first inuenters or publishers thereof then doe they at the hands of the temporall Kingdome who should disclose false and counterfait money and the first coiners or
by vertue of that maxime The accessorie followeth the principall but by vertue of this that hee who is Lord of any bridle hath power to dispose thereof or he that is Lord and can dispose of all temporall things hath consequently power to dispose both of all horses and all bridles fortifie my Aduersaries argument concerning the Popes power to dispose of all temporall things vnlesse it bee first prooued as hitherto it hath not beene that the Pope is Lord both in temporalls and spiritualls in such sort that for the common spirituall good hee may dispose of all temporall things as it is certaine that absolute Princes may for the common temporall good dispose of all temporalls and priuate men may dispose of those goods which are their owne And therefore the comparison which my Aduersarie heere maketh betwixt the Lord of a horse who only disposeth of his owne bridles and not of another mans and the Pope who to punish a Prince disposeth only of the Princes goods and states and not of other mens is to little purpose for that it doth suppose that which is in question and which hitherto hee hath not prooued to wit that the Pope hath power to dispose of the temporall goods states and bodies of all Christians and that the publike good of the Church doth necessarily require that the Pope haue power to dispose of all temporalls And thus much concerning my first instance wherein whether I haue plaid bootie with them and helped vnder-hand to defend his cause and whether it be foolish ridiculous and repugnant to my owne doctrine I remit to the iudgement of any learned man 66 Now you shall see how well Mr. Fitzherbert replyeth to my second instance His other argument or instance saith he m Pag. 38. nu 15. 16. 17. is as I haue said no lesse malicious then his last was foolish and ridiculous The Pope saith hee hath power ouer the Princes soule ergo ouer his life because the accessorie followeth the principall wherein you see hee seeketh to draw vs to an odious question touching the liues of Princes Neuerthelesse to say somewhat vnto his argument and yet not to enter into such an odious matter let him make the case his owne and I will not deny but that the Pope hauing power ouer his soule and being withall supreame Gouernour of the whole Church hath power also ouer his life so farre foorth as it may be conuenient for the good of the Church I meane not that the Pope hath power to take his life without iust cause or by vniust or vnlawfull meanes which neither the temporall Prince who hath direct power ouer his body can doe but vpon iust occasion giuen by him and according to the ordinarie manner prescribed by the Ecclesiasticall Canons that is to say by deliuering him ouer to the secular Iustice S. Leo epist ad Turbium Astâ—ricens Episc because the Church as S. Leo saith refugit cruentas vltiones doth fly bloodie punishment and therefore the Church vseth not by her owne ministers to giue and much lesse to execute the sentence of death vpon any though shee might doe it if shee would for seeing there is nothing that hindreth it but Ecclesiasticall Canons the Pope being head of the Church might dispence therewith and make it lawfull if iust occasion required 67 And how true it is that the Pope hath power ouer the life of any Christian with the circumstances and limitations before mentioned I feare me my Aduersarie Widdrington might find to his cost if hee were heere and would not recant his doctrine euen in this point to wit that the Church cannot inflict temporall and corporall punishments whereby hee impugneth not only the ancient and vniuersall practise and custome of the Church but also the Ecclesiasticall Canons n Cap. ab abolendam cap. vergentis cap. excommunicamus extra de haeretic cap. licet de voto cap. 1. de homicidio in 6. Concil Trid. sess 24. c. 8. 25. cap. 3. and decrees of many Councells and Popes and finally of the Councell of Trent as I shall haue good occasion to shew more particularly heereafter o Inf. c. 11. nu 3. 9. item c. 12. nu 6. 7. s 68 In the meane time hee is to vnderstand that granting as hee doeth that the body is subordinate and subiect to the soule and that all corporall and temporall things are to serue spirituall things yea and to bee commanded by the supreame spirituall Pastour to that end and consequently that they are accessorie in the respect of the soule and good of the Church hee cannot with reason deny the consequence of my argument to wit that forasmuch as the accessorie followeth the principall therefore he that hath power ouer the soule and all other spirituall things hath power also ouer all things that are accessorie thereto namely the temporall goods states and bodies of all Christians when the good of soules and of the whole Church doth necessarily require it as shall bee further declared after a while p Cap. 5. nu 37. 38. item c. 6. nu 12. 13. 14. seq vpon further occasion giuen by my Aduersarie 69 Heere you see that Mr. Fitzherbert doeth not deny my consequence but alloweth it for good in those his wordes And how true it is that the Pope hath power ouer the life of any Christian and consequently of Christian Kings with the circumstances and limitations before mentioned to wit so farre foorth as it may be conuenient for the good of the Church a large and intollerable extension of the Popes spirituall power to take away the liues of Christian Princes and subiects and vpon iust occasion giuen by him and againe that the Pope hath power ouer the temporall goods states and bodies of all Christians and consequently of Christian Princes when the good of soules and of the whole Church doth necessarily require it So that you see he graunteth my argument to be good but yet to be malicious that I speake the trueth but of malice But truely it is strange to what virulent and slanderous speeches some intemperate spirit hath drawen the libertie of this mans pen. If he imagine that with any colourable reply he can except against my aunswere then it is friuolous impertinent foolish and ridiculous if he can not then it is malicious God almightie who is the onely searcher of all mens hearts knoweth herein my innocencie and that zeale to the Catholike religion desire to know the trueth loue to my Prince and countrey and not any splene or malice hath mooued me to write both this and all the rest and therefore I humbly beseech his Diuine Maiestie to forgiue him and to graunt him true repentance for that which is past and that hereafter he may haue a more milde and temperate spirit 70 But wherefore trow you is my argument malicious because it draweth him sayth he to an odious question as though forsooth the propounding of
receiued if he meane that those miraculous punishments did testifie an ordinary power to bee in the Church that is in spirituall Pastours to inflict punishments as well vpon the bodie as vpon the soule this he must proue by some other reason then by his bare I say to which in very truth knowing his insufficiency in Theologicall learning I giue but little credit therefore with the same facility I deny it as he saith it for it is the maine questioÌ„ betwixt vs whether the Church hath any such ordinarie power or no But if hee meane that those miraculous punishments did signifie and testifie a miraculous and extraordinarie power to bee in the spirituall Pastours of the Church in the Apostles time to inflict in some sort temporall punishments as well vpon the body as vpon the soule then I willingly grant his I say but withall dcny that either the power it selfe it being extraordinary and miraculous or the effects and execution thereof which also were miraculous should afterwards remaine in the Church when the faith was once propagated and generally receiued according to that saying of Saint Gregory Signes or miracles were giuen for Infidels not for the faithfull I said to inflict in some sort temporall punishments for as well obserueth Abulensis Abul q. 96. in c. 20. Matth. the punishment which Saint Peter inflicted vpon Ananias and Saphira was onely by the way of prediction whereupon hee was not as a Iudge or executioner of Christ but as a Prophet and the punishment inflicted by Saint Paul was by way of prayer and intercession whereupon it was not any vse of Iurisdiction but of a miracle because the Deuils are not subiect to the commaund of men and so neither of them did exercise the vse of coerciue temporall power 74 And by this also that which Mr. Fitzherbert immediately addeth is easily answered Besides that saith he it is to be considered for the further explication of this point that although the punishments were miraculous and extraordinary for the manner of them yet if we consider the punishments themselues the Apostles exercised therein their ordinary and Apostolicall Iurisdiction as being the ordinary Iudges to whom the chastisement of spirituall offences appertained which is euident in the punishment of the incestuous Corinthian by the formall and iudiciall sentence pronounced by the Apostle saying 1. Cor. 5. Ego quidem absens c. I indeede absent in body but present in spirit haue already iudged as present him that hath so done in the name of our Lord Iesus you being gathered together and my spirit with the vertue of our Lord Iesus to deliuer such a one to Sathan for the destruction of the flesh that the spirit may be saued in the day of our Lord Iesus Christ Thus did the Apostle fulminate his terrible sentence of Excommunication shewing and exercising his Apostolicall authoritie And the same is also to bee vnderstood concerning the corporall punishment of Ananias and Saphara S. Chrysost in hunc locum in wich respect Saint Chrysostome saith That Petrus faciebat terribile iudicium Peter executed a terrible iudgement vpon them and Saint Hierome saith that merûere sententiam Apostoli S. Hieron epist 150. ad Hedibiani q. 2. in fine Apud August l. 3. c. 16. They deserued the sentence of the Apostle and the Authour of the booke De mirabilibus Scripturae amonst Saint Augustines workes saith that Petrus ligauit c. Peter did bind Ananias and his wife with the bond of death vt authoritas Apostolica quanta esset ostenderetur that it might appeare how great was the Apostolicall authoritie Thus Mr. Fitzherbert 75 But I neuer denyed that the Apostles were ordinary Iudges to whom the chastisement of spirituall offences appertained but that which I deny is that by these miraculous punishments of Ananias and Saphira and the incestuous Corinthian or such like it can bee prooued that the Apostles were ordinary Iudges to inflict temporall punishments for spirituall offences or that they exercised therein I doe not say their Apostolicall Bell. l. 1. de Rom. Pont. c. 9. but their ordinary power and Iurisdiction for the Apostles had two powers one ordinary and which should descend to their Successours the other extrordinary or delegate which therefore should not descend neither is it lawfull from the punishments which they inflicted by their extraordinarie power to inferre that they did or might inflict the like punishments by their ordinary power this I say cannot be prooued by any miraculous fact or punishment which the Apostles inflicted by their extraordinary and delegate power And therefore although the Apostle in pronouncing his terrible sentence of Excommunication against the incestuous Corinthian shewed and exercised his ordinary Apostolicall power forasmuch as concerned the deliuering him ouer to the inuisible power of Sathan yet forasmuch as concerned the deliuering him ouer to the visible power of Sathan that is to bee visibly tormented by him the Apostle did not vse his ordinary Apostolicall but his extraordinary Apostolicall power And the same is also to be vnderstood touching the corporall punishment of Ananias and Saphira to wit that Saint Peter vsed therein his extraordinary Apostolicall power as I obserued aboue out of Abulensis 76 Neither doe S. Chrysostome S. Hierome or S. Augustine say any thing contrary to this For all that can be gathered from their wordes is onely this that the iudgement of S. Peter was terrible and that they deserued the sentence of the Apostle and that the binding of Ananias and Saphira with the bond of death did proceed from Apostolicall authority but that this their sentence iudgement and the binding of them with the bond of death did proceed from ordinary Apostolicall authority this cannot any way be gathered from the words of those holy Fathers but rather the flat contrary Chrys hom 12 in Act. For S. Chrysostome doth attribute their punishment to a great miracle both in regard Saint Peter knew their thoughts and what they had done priuily and also for that hee killed them by the commandement of his word And Saint Hierome Hieron epist 8 ad Demetriad although he deny that Saint Peter commanded or desired their death yet he attributeth that sentence of the Apostle to a miracle and to the spirit of Prophecie The Apostle Saint Peter saith he doth not wish their death as foolish Porphyrie doth calumniate but with a propheticall spirit he foretold the iudgement of God that the punishment of two might bee a doctrine to many So likewise the Author de mirabilibus S. Scripturae doth attribute their punishment to a miracle and to the Apostolicall virtue of Christ and to the same power whereby hee raised Tabitha from death which words Mr. Fitzherbert was willing to conceale August serm 204. de tempore quâ—est sermo 3. in Dom. 4. post Trinit 4. Reg. 2. And Saint Augustine himselfe compareth this fact of Saint Peter to that of Helizaeus at whose
which is a humane law so easily and directly deduced from the very principles of nature that all nations doe receiue and admit it it is manifest that it cannot dissent from those infallible grounds which I haue laid alreadie as well out of the law of Nature as out of the law of GOD especially seeing that there is nothing wherein all Nations doe more vniformely agree by the very instinct of Nature then that all temporall things are inferiour to spirituall things and subordinate thereto whereupon it necessarily followeth c. But what grounds either infallible or fallible Mr. Fitzherbert hath alreadie laid as well out of the law of nature as out of the law of GOD you haue alreadie seene Neither doth any man make any doubt but that this is an infallible ground wherein all nations by the very instinct of nature doe vniformely agree that as all spirituall things are superiour to all temporall things in dignitie worth and excellencie in generall so all temporall things are inferiour and subordinate to spirituall things in the same degree of subiection and subordination wherein spirituall things are superiour to them for no man can bee so foolish as to imagine that temporall things must be subiect to spirituall things in any other degree or kind of subiection or subordination then wherein spirituall things are superiour to them 33 Marke now what Mr. Fitzherbert would conclude from this infallible ground Whereupon it necessarily followeth saith he that all the temporall states of temporall Princes are subordinate to the Church and to the head thereof and to bee disposed by him when the good of the Church shall so require as I haue amply declared But fye for shame that Mr. Fitzherbert who is accounted a man of great iudgement though of small learning should make so childish and improbable a consequence and withall to esteeme it a necessarie inference For what man of iudgement would argue thus All temporall things are inferiour subiect and subordinate to spirituall things to wit in worth dignitie and excellencie therefore the Pope hath power to dispose of all temporall things when the good of the Church shall so require But my Aduersaries vsuall custome is to darken and confound the Readers vnderstanding with a mist of cloudie and ambiguous words which being once dissolued and taken away the plaine and perspicuous trueth will presently appeare For as concerning his antecedent proposition which is that all temporall things are inferiour to spirituall things and subordinate thereto first if his meaning be that all temporall things are inferiour and subordinate to all spirituall things in euery kind of subiection this is apparantly false for that all spirituall things are not capeable of all kind of superioritie seeing that onely spirituall persons or substances and not spirituall accidents are capable of spirituall authoritie or iurisdiction which consisteth in a power to commaund to punish or to dispose of something 34 Secondly if his meaning be that all temporall things are inferiour and subordinate to all spirituall things in some kind of subiection this is very true for as all spirituall things in that they are spirituall are more excellent and of a more noble more perfect and of a superiour and higher degree or order then is any temporall thing so all temporall things as they are temporall are inferiour and subordinate in nobilitie perfection and excellencie to all spirituall things But from a superioritie in perfection worth and nobilitie to conclude a superioritie of another kind to wit in authoritie iurisdiction or power to dispose thereon is transcendere de genere ad genus to transcend from one kind to another which manner of arguing euery Schoole-boy knoweth to bee vicious as thus Angels both good and bad are superiour to men in substance knowledge might and other natural perfections but to conclude from hence that therefore Angels are superiour to men in authoritie or Iurisdiction and that therefore men are inferiour and subiect therein to Angels and are bound to obey them as their lawfull Superiours vnlesse they bee sent as messengers from God which the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth import and which as Saint Gregory saith S. Greg. hom 34. in Euang a. is a word of office not of nature were a very fallacious kinde of arguing Also all seruile trades are inferiour subiect and subordinate to all liberall arts and sciences to wit in woorth perfection and nobilitie and this all trades-men will acknowledge but they would smile at him that should conclude from thence that therefore all they that are endued with any liberall art or science may command and punish all trades-men and dispose of what they haue when the good of the liberall arts or sciences shall so require 35 But thirdly if Mr. Fitzherbert in his antecedent proposition by spirituall things doeth not vnderstand all spirituall things but only spirituall persons who by their office haue charge of Religion and of all spirituall things appertaining to Religion and that all temporall things are by the instinct of nature and the light of naturall reason subiect and subordinate to spirituall persons in such sort that they may bee disposed of by them when the good of Religion shall so require then indeede supposing this antecedant proposition to bee true it doeth necessarily follow that the Pope hath power to dispose of all temporall things in order to spirituall good But then hee supposeth that which he should prooue and which I euer denyed for as I haue amply shewed before by the law of nature the ciuill Common-wealth it selfe and the supreame Gouernours thereof had supreame authoritie to dispose of all things as well concerning Religion as State and policie Neither did the Religious Societie and the ciuill Common-wealth in the law of nature make two totall and independent bodies Societies or Common-wealths as they doe now in the new Law wherein the temporall Prince or the Ciuill Common-wealth haue not to dispose of spirituall and religious affaires as they did in the law of nature and according to the custome of all nations and therefore it cannot bee prooued either by the law of nature or of nations that the Pope hath power to dispose of the bodies States or temporall goods of temporall Princes but contrariwise standing in the law of nature the Ciuill Common-wealth had supreame power and authoritie to dispose of the bodies and goods of Religious Priests and of all things belonging to Religion and the publike seruice of God 36 Wherefore to little purpose are those words which Mr. Fitzherbert next adioyneth And therefore Vlpian the Lawyer saith hee affirming that Ius Gentium the Law of Nations is that which is common onely to men putteth for example Religio erga Deum Religion towards God giuing to vnderstand that all Nations and people doe agree in nothing more then that due honour is to bee giuen to Almightie GOD which is not done when any thing is preferred before his seruice or when temporall things
and knowledge of men For if wee take certaintie as it is in the thing it selfe which is rather to bee called necessitie there is nothing that is past which is not certaine or rather necessarily true So that all the power and authoritie which Christ hath giuen to S. Peter and consequently to the Pope as hee is Saint Peters Successour is most certaine in it selfe that is most true and necessarie yet all the power in particular which Christ hath giuen to Saint Peter and the Pope is not certaine quoad nos that is to the vnderstanding and knowledge of the faithfull nor of the Popes themselues 34 Secondly whereas Mr. Fitzherbert affirmeth that albeit the reason which mooued some Popes to grant that licence to Priests seemed erroneous to some learned men yet it was not therefore vncertaine to the Popes that gaue it and againe It is euident saith he that many things may seeme vncertaine to some learned men and yet bee most certaine hee doth not say may seeme to be most certaine to the Sea Apostolike insinuating thereby that those Popes who gaue such licences did not only thinke or perswade themselues that they did certainely know but also that they did in very deede certainely knowe which is a farre different thing that they had authoritie giuen them from Christ to doe the same I would gladly learne of Fa. Lessius from whom Mr. Fitzherbert hath taken this assertion by what meanes those Popes came to such a certaine knowledge of things reuealed by Christ our Sauiour whereof other men and perhaps farre more learned then those Popes were in all sorts of learning both diuine and humane were so ignorant vncertaine and doubtfull For my owne part I doe not know by what way any man whatsoeuer hee bee can haue a certaine knowledge which is truely certaine and not onely imagined or thought to bee certaine of things supernaturall and reuealed by GOD but by diuine reuelation and this must bee either a priuate reuelation whereby God reuealeth himselfe to the priuate soule or spirit of a man as hee did in the old Law to the Patriarchs and Prophets and in the New to the Apostles and to diuers other holy men or else it must bee a publike reuelation knowne and approoued so to bee by the publike declaration or acceptance of the Church for the publike definitions of Popes without the approbation of a generall Councell or generall acceptance of the Church doe still remaine vncertaine seeing that it is as yet vncertaine and disputable among learned Catholikes whether the Pope hath authoritie to define certainely and infallibly that this or that thing which is in controuersie among famous and learned Catholike Diuines hath beene reuealed by God or no. 35 If therefore when Mr. Fitzherbert taxing mee most ignorantly of ridiculous absurditie doeth so confidently affirme it to bee euident that many things may seeme vncertaine to some learned men and yet bee most certaine to the Sea Apostolike his meaning bee that the Sea Apostolike hath this certaine knowledge by publike reuelation or by some necessarie consequence which is euidently deduced from publike reuelation I cannot possibly see how this can bee true for that publike reuelations and those things which are euidently deduced from publike reuelations are not proper onely to the Pope but are common also to other learned men and therefore also other learned men who are as skilfull and perchance farre more skilfull in the knowledge of the holy Scriptures and of publike reuelations traditions definitions declarations and of the generall consent and acceptance of the Church then those Popes are may haue as certaine a knowledge of things supernaturall and reuealed by publike reuelation as those Popes either haue or morally can haue 36 But if hee meane that the Sea Apostolike hath that certaintie of knowledge touching things reuealed by priuate reuelations or secret instincts and inspirations any learned man may plainely see that this is spoken without sufficient ground seeing that Christ our Sauiour hath not promised an infallibilitie of trueth to the priuate knowledge of any Pope or of the Prelates of the Church assembled together in a Generall Councell but onely to their Decrees and those not all but to such only which are propounded as of faith Neither also is it certaine that Christ hath promised an infallibilitie of truth so much as to the Popes publike definitions and decrees which are propounded as of faith if hee define without a Generall Councell and much lesse to his priuate knowledge and iudgement as it is manifest by the decrees of Pope Nicholas the first and of Pope Celestine the third whereof the first declared q De cons dist 4 can A quodam Iudaeo that Baptisme giuen in the name of Christ without expressing the three persons of the Trinitie is valid and of force and the second r Quondam in cap. Laudabilem de conuers coniugat that Marriage is so dissolued by heresie that the partie whose consort is fallen into heresie may lawfully marry another which doctrine is now condemned in the Councell of Trent and also by Pope Iohn the 22. who publikely taught Å¿ See Adrian Papa in q. 2. de Confirm circa finem Castro lib. 3. contra haeres verbo Beatitudo haer 62. Bell. l. 4. de Ro. Pont. c. 14 and if hee had not beene preuented by death was resolued to define that the soules of the Blessed should not see God before the Resurrection and by Pope Boniface the eight who in a letter to Philip le Bell King of France affirmed t See Nicol. Vignerius ad an 1300. Ioan. Tilius ad ann 1302. that he accounted them for heretikes who did not beleeue that the said King of France was not subiect to him in spiritualls and temporalls And as for these priuate reuelations they may also bee common to other vertuous and holy men as well as to Popes and with the same facilitie and vpon the same grounds wee may attribute priuate reuelations and certaintie of priuate knowledge as well to the one as to the other 37 And albeit it were so that many things are certaine to the priuate vnderstanding and knowledge of some Popes which are vncertaine and seeme erroneous to other learned men will my Aduersaries therefore affirme that those learned men are bound to follow the Popes priuate iudgement and to beleeue him vpon his bare word if hee say that hee is certaine his iudgement and knowledge to bee true vntill hee make manifest to them the certaintie thereof and vpon what grounds hee is so certainely perswaded his iudgement to bee certainely true This were doubtlesse a most pernicious doctrine and the opening of a wide gappe to errours and heresies For then should the Doctours of Paris See Pope Adr. in the place aboue cited who caused Pope Iohn to recall his errour haue beleeued him when hee commanded his doctrine or rather errour to bee held by all men and induced the Vniuersitie
not onely as they are sinnes to the conscience of man but also as they are so a parte rei and are commonly called materiall not formall or sinfull errours rebellions and periuries the same also may bee answered to Fa. Lessius his argument to wit that it cannot be well inferred from that Maior proposition that the doctrine for the Popes power to depose Princes must be of faith because it is no pernicious and sinnefull errour in his opinion to teach those doctrines by him mentioned and to incite men to such rebellions and periuries which according to his opinion are not formall and sinfull rebellions and periuries 51 Whereupon it is euident that in the same manner as my Aduersaries will answere my third instance I will answere Fa. Lessius his third argument and that if from Fa. Lessius his argument it may be well inferred that the doctrine for the Popes power to depose Princes is certaine and of faith it may also by my instance be well inferred that the doctrines for the Popes power to giue authoritie to Priests to minister the Sacrament of Confirmation and to dispence in the solemne vow of chastitie and also for the preseruation of the B. Virgin from originall sinne are certaine and of faith which how absurd it is to affirme it is too too apparant But more of this third argument beneath 52 Lastly to that which Mr. Fitzherbert saith in the end of this Chapter that the grant of such licences being meere matters of fact and concerning onely particular persons and Countreys could not any way preiudice his cause albeit they were erroneous and sacriledgious seeing that the question saith he betwixt me and them for the present is onely about a generall decree of a generall Councell ordained for the speciall good and benefite of the whole Church wherein Widdrington acknowledgeth the infallible assistance of the holy Ghost though not in euery particular fact of a Pope I answere first albeit I will not condemne those Popes of any pernicious errour that in time of necessitie grant such licences vpon a probable opinion yet I cannot see but that to grant such licences either as certaine when they are doubtfull or to grant them without necessitie onely vpon a probable opinion is a very dangerous and pernicious errour seeing that they concerne the valid and effectuall administration of a Sacrament which all men know to be a matter of great moment 53 And albeit the grant of such licences be meere matters of fact and concerne onely particular persons and Countreys yet from thence it may be cleerely gathered that those Popes who granted them did generally teach that the Sacrament of Confirmation ministred by those Priests is a true valid and substantiall Sacrament which if it bee not so is a very great and pernicious errour in doctrine of manners and also that the instances drawne from thence doe quite ouerthrow all Fa. Lessius his three arguments and namely the first whereof the Maior proposition as you haue seene is generall and without limitation and may be applied to all decrees and sentences whatsoeuer of Popes or Councells whether they are generall Decrees or concerne only particular persons or Countreys Neither is it true as this man very shamefully affirmeth that the question betwixt me and them for the present is onely about a generall decree of a generall Councell ordained for the speciall good and benefite of the whole Church for the question betwixt them and me for the present is onely about the first argument of Fa. Lessius and my first instance made against the same and especially about the truth of his Maior proposition which as you haue seene speaketh of the ground and foundation generally of all Decrees and sentences both of Popes and Councells That doctrine saith he doth appertaine to faith which Popes Councells and Doctours doe propound or suppose as a certaine foundation of their Decrees and sentences So that my Aduersarie very vntruely affirmeth that the question betwixt me and them for the present is onely about a generall Decree of a generall Councell And this may suffice for the confirmation of my first instance and the confutation of all that which Mr. Fitzherbert would seeme to haue made against the same whereas he hath not as you haue seene so much as set it downe at all Now you shall see how fraudulently and ignorantly he hath in the next Chapter obiected against my other two instances CHAP. XV. Wherein Widdringtons second example and his instances grounded thereon are confirmed and M. Fitzherbert in impugning the same is conuinced of manifest fraude and ignorance in taxing therein of fondnesse the learnedst Diuines of his owne Societie Also the third example of Widdrington and his instances grounded thereon are prooued to be sound and sufficient and M. Fitzherberts fraude in relating of the said instances and applying them to the Lateran Councell is plainely discouered 1 MY Aduersarie in this Chapter sheweth also the like fraude and ignorance as he did in the former Thus therefore he beginneth Widdringtons second instance is Widdr. vbi supra nu 57. that Pope Sixtus the fourth made a Decree concerning the celebration of the B. Virgins Conception notwithstanding that it is vncertaine and disputed amongst the Diuines without any blot of heresie errour or mortall sinne whether the blessed Virgin cantracted originall sinne in her Conception or was preserued from it by a peculiar prouidence of God Ibidem and therefore saith he it is manifest that the Doctrine which is either proposed or supposed by the Pope as the foundation of his Apostolicall Decree and Constitution concerning euen the religious worship of God is not so certaine and vndoubtedly true but that it may be impugned without danger of grieuous sinne So he whereupon he inferreth that the ground of the Canon of the Lateran Councell may also be vncertaine or impugned without note of heresie or sinne 2 But first it is very vntrue that this was my second instance which I brought to confront with Fa. Lessius his second argument although it be true that it was my second example whereon both my first and second instance were grounded For whereas Fa. Lessius to proue that the Popes power to depose Princes doth belong to faith argueth thus in his second argument If a generall Councell should expresly define that the Church hath power to depose Princes no Catholike can make doubt but that it should belong to faith but seeing that she supposeth it as a certaine foundation of her Decrees and sentences shee is thought no lesse to affirme the same therefore it ought to bee accounted no lesse certaine To this argument I opposed an other instance not much vnlike to it which was this If the Pope should expresly define that he hath authoritie to giue licence to inferiour Priests to administer the Sacrament of Confirmation and to dispence in the solemne vow of Chastitie or that the B. Virgin was not conceiued in originall sinne
Catholike Roman Church whereby hee professeth that if by ignorance hee haue failed in any thing which the Roman Church doth not approoue he doth also reprooue it condemne it and wisheth it to be held as not written let not this I say seduce thee or mooue thee to thinke that he teacheth Catholike doctrine concerning the matter now in question seeing that it is euident that all this is but a false luster and glosse cast vpon his counterfeite ware of purpose to deceiue thee 3 It is true all the bookes I haue written hitherto either in Latin or English I did submit to the Censure of the Catholike Romane Church and in the first booke of all which I published in defence of the temporall right of Princes against Card. Bellarmines reasons whereby he pretended to demonstrate that it is not so much an opinion as an heresie to hold that the Pope hath no authority by the institution of Christ to depose temporall Princes and to dispose of temporals besides the submission thereof to the said Censure of the Catholike Romane Church I did also solemnely protest and call God to witnesse that neither through the spirit of flattery nor of contradiction but sincerely mooued with a vehement desire to finde out the truth in this difficult controuersie which so neerely concerneth our obedience due to God and Caesar I did take vpon me the writing of that Apologie 4 And my third booke which is the Disputation of the Oath against which this man so greatly inueigheth I did not onely submit to the Censure of the said Catholike Romane Church protesting also that if either in that Disputation or elsewhere I had through ignorance written any thing which she did not approoue I also did disprooue it condemne it and would haue it for not written but also I did of set purpose dedicate it to his Holinesse most humbly and earnestly requesting him that considering we had diligently examined all the parts and parcels of the oath and yet could not finde any one thing among so many contrary to faith or saluation his Holinesse would be pleased in regard of his Fatherly care and Pastorall office after hee had duely considered all those obiections which we did propound vnto him for and against the Oath to make knowne vnto vs his poore and afflicted Catholikes one onely thing among so many which are so manifestly repugnant to faith and saluation as he had declared by his Breues protesting that if we could be assured of one onely thing contained in the Oath which is any way repugnant to faith or saluation wee would forthwith obey his declaratiue commaundement and would hazard our liues and all our fortunes in defence of the vndoubted Catholike faith 5 Now this vncharitable man notwithstanding all these my protestations and submissions will contrary to the commandement of Christ our Sauiour the knowne rules of charity and iustice iudge censure my inward thoughts which none but God and my owne conscience can know and boldly affirmeth that it is euident b Nu. 1. that all this is but a false luster and glosse cast vpon my counterfait ware of purpose to deceiue the Reader and that I am an hereticke disguised c Nu. 19. and masked vnder the vizard of a Catholike and that all my pretences to bee a Catholike d Nu. 26. and my submission to the Catholike Romane Church proceeds from no other ground but from a deepe dissimulation or rather an artificiall and execrable hypocrisie to delude and deceiue Catholikes But God knoweth how wrongfully he belyeth me to whose iustice for the infinite wrong he hath done me I doe appeale and I make no doubt but that he will finde him a most iust Iudge and seuere reuenger either in this life or in the next or both vnlesse hee repent and satisfie mee in time for the great wrong he hath done me 6 But let vs heare the reasons which this vnconscionable man bringeth to colour this rash iudgement of his For if Widdrington saith he e Pa. 212. nu 2 so much respect and reuerence his Holinesse and the Romane Church as he pretendeth how chanceth it that vtterly reiecteth three Apostolicall Breues of his Holinesse vpon no better ground and reason but because his Holinesse hath beene ill informed of the matter and consequently deceiued and absurd 7 But albeit with all my heart and soule I doe greatly respect and reuerence the Popes Holinesse the Sea Apostolike the Romane Church and the Catholike Romane Church each of them in their due place and degree but not all of them with equall respect and reuerence for that no learned Catholike can deny but that betwixt all these a great difference is to be made neither are the errours misdemeanours or imperfections of Popes who being men and subiect to humane infirmities as others are to bee attributed to the Sea Apostolike or to the Roman Church although my ignorant Aduersary seemeth not only to make no distinction betwixt the Pope and the Sea Apostolike whereas if he will but reade S. Robert of Lincolne his life in Matthew Paris he may see what difference hee maketh betwixt Pope Innocent the fourth whom hee calleth Antichrist Mat. Paris in Henrico 3 o. pag. 843. and whose Breues as containing in them something which is hatefull to Christ our Sauiour detestable abhominable and very pernicious to mankind hee refused to obey and betwixt the most holy Sea Apostolike which hee saith can command no such detestable thing but also hee would make his Reader beleeue that I take the Roman Church and the Catholike Roman Church for all one whereas it is manifest that there is betwixt them almost as great difference as is betwixt the Kingdome of England and the Christian world or rather betwixt Rome and Christendome and also very many vertuous and learned Roman Catholikes doe not graunt that infallible authoritie to the Popes Holinesse or to the Roman Church which they grant to the Catholike Roman Church according to that saying of S. Hierome si authoâ—iâ—as quaeritur Hier. epist 85. ad Euangrium orbis maior est vrbe if authoritie bee demanded or sought for the world is greater then a Citie which sentence the Glosse vpon the Canon Legimus dist 93. citing and expounding saith Heere is an argument that the Decrees of a Councell doe preiudicate or goe before the Popes Decree if they contradict it 8 Neuerthelesse I doe also willingly acknowledge that I doe not so much respect and reuerence his Holinesse as to beleeue that all the commandements of Popes are iust and all their Breues and Decrees are grounded vpon infallible truth or that any Catholike is bound to obey his Holinesse declaratiue commandement when it is only grounded vpon a probable opinion which no man is bound to follow it being most euident that where there is no authoritie to command it is no irreuerence or vndutifull respect not to obey As likewise although all Subiects are bound to respect
Fitzherbert turneth and windeth in such a running and fraudulent manner that his Reader cannot well perceiue of what imputation he meanes when he saith that if the second Breue be not sufficient to cleare his Holines of this imputation yet his third Breue must needs be aboundantly sufficient to doe it For that which I said onely is that his Holinesse by all likelihoode was not truely informed by Cardinall Bellarmine and his other Diuines of the true sense and meaning of some clauses of the Oath against which you haue seene with what fraude and falsitie my ignorant Aduersarie hath wrangled and iangled as though I had taxed his Holinesse for publishing his first Breue before he had seene or maturely weighed and pondered the Oath it selfe and all the clauses thereof and without graue and long deliberation had concerning all things contained in his Breue which how vntrue this imputation is wherewith hee chargeth me I haue alreadie shewed Now this silly man laboureth to prooue as also he insinuated before that because his Holinesse did maturely weigh and ponder the Oath and euery clause thereof before he sent hither his first Breue and did sufficiently informe himselfe of all circumstances necessarie to the publication of his Apostolicall and iudiciall sentence as well concerning the forbidding of the Oath by his first Breue as also concerning the punishing of such Priests that should take or defend the Oath to be lawfull by his third Breue sent hither two yeeres after which he could not saith my Aduersarie lawfully doe without due consideration and diligent discussion of the whole controuersie and sufficient information of all the circumstances thereof therefore his Holinesse neither was nor could all this time which was more then two yeeres be ignorant of the nature and qualitie of the Oath and that therefore he could not be ignorant but certainely knew that there are many things in the Oath flat contrary to faith and saluation as he had declared by his first Breue 32 But to omit now those words sufficient information c. and that his Holinesse did sufficiently informe himselfe c. which my Aduersarie heere diuers times repeateth which because they are equiuocall and may haue a double sense I will declare beneath it is very vntrue and contrary to the doctrine of Cardinall Bellarmine and of all other learned Diuines to say that certaine and infallible knowledge of truth is in the Pope necessarily annexed to his long graue mature and diligent consideration and discussion of any doctrine or matter vnlesse the doctrine and matter be of such a nature and the discussion thereof be done with such circumstances and in such a manner as Christ hath promised him his infallible assistance which euen according to the doctrine of Cardinall Bellarmine and Canus Christ hath not promised him in such decrees or definitions which are not directed and doe not appertaine to the whole Church as are these his Breues forbidding the Oath whereof the two first are onely directed to English Catholikes and the third onely to Mr. Birket then Arch-Priest For in customes lawes or decrees which are not common to the whole Church but are referred to priuate persons or Churches not onely the Pope but also the Church may erre and be deceiued through ignorance I say saith Canus not onely in her iudgement of facts Canus lib. 5. q. 5. conel 3. or things done as whether such a one committed such a sinne hath lost his faculties ought to be censured and such like but also in her priuate precepts and lawes themselues and the true and proper reason hereof he bringeth from the authority of Pope Innocent the third which I related also aboue q Chap. 13. nu 11. for that albeit the iudgement of God is alwaies grounded vpon truth which neither deceiueth nor is deceiued yet the iudgement of the Church is now and then led by opinion which oftentimes doth deceiue and is deceiued c. 33 Whereupon the Reader may most cleerely perceiue how vnlearnedly my ignorant Aduersarie doth inferre that because his Holinesse had a long graue and mature deliberation and consultation concerning the true sense of the Oath and of euery clause thereof and did send hither his third Breue for punishing those Priests that should take or defend the same therefore he could not be ignorant of the true sense of euery clause thereof but must certainly and infallibly know that many things are therein contained flat contrary to faith and saluation as he by his first Breue had declared as though his sentence and iudgement in Decrees which are directed onely to priuate persons or Churches should be alwaies grounded vpon truth which neither can deceiue nor be deceiued and that he cannot erre through ignorance or be led by opinion which oftentimes doth deceiue is deceiued in his priuate lawes decrees which are not common to the whole Church but doe belong to priuate men Bishops or Churches and that therefore those Priests whom he bindeth or punisheth by his Censure and sentence may not be free before God and those other Priests whom he doth not Censure may not deserue punishment in the sight of God according to that which Pope Innocent in the end of his aforesaid reason did affirme 34 But those words which Mr. Fitzherbert often repeateth that his Holinesse after so long and graue deliberation had concerning all things contained in his first Breue among which the principall was that many things are contained in the Oath which are manifestly repugnant to faith and saluation was sufficiently informed of the whole matter are very equiuocall and may haue a double sense For first these words may signifie that his Holinesse after so long and graue deliberation was sufficiently informed to excuse him from sinne for doing what hee did and for sending hither his Breues to forbid the Oath and to punish those Priests that should take the Oath or teach it to be lawfull and with this point for that it little importeth our present question whether the Oath not onely in the Popes opinion and conscience but also really truely and certainely containeth in it many things flat contrary to faith and saluation or no and for that it is a thing secret and vnknowne to me I will not inter meddle but leaue it to the conscience of his Holinesse and to the iudgement of God who searcheth the hearts and reines of men Yet this I dare boldly say that in my iudgement his Holinesse might haue beene more sufficiently informed of the whole matter if hee had consulted this question concerning the certainty of his authority to depose Princes and whether his spirituall Supremacie or any other doctrine of faith or manners necessarie to saluation is denyed in the Oath not onely with his owne Diuines who are knowne to maintaine with such violence both his authority in temporals ouer temporall Princes which is the principall marke at which the Oath doth aime and his spirituall authority
A thing not heard of before that age saith Onuphrius which their practise and the doctrine thereof hath neuerthelesse been euer contradicted by Christian Princes and their Catholike subiects and therefore it cannot be rightly called the generall practise of the Church nor ancient but in respect of this our age not from that practise can any sufficient argument be drawne to proue the doctrine to be certaine and of faith and that the contrary cannot be maintained by any Catholike without the note of heresie errours or temeritie Neither doe I contradict or impugne the expresse Canons of the Church the decrees of Popes and generall Councels and especially of that famous Lateran Councell but I expound them according to the probable doctrine of learned Diuines * See aboue in the first part of this Treatise See aboue chap. 11. from nu 3. cha 12. from nu 56. and Hostiensis vpon the same Canon Per venerabilem and exposition of the Canonists cited by Innotentius Hostiensis and Ioaâ—â—r Andreas vpon the Canon Ad abolendam and as the Glosse with those Doctors whom Hostiensis mentioneth and calleth them Masters vnderstand the Canon Per venerabitem Qui sily sint legitims and I impugne and contradict the doctrine and expositions which my Aduersaries make of the Canons of the Church and especially of the Decree or Act of this famous Lateran Councell 107 Thirdly that obseruation which my spightfull Aduersary vrgeth against me may be also vrged against Cardinall Bellarmine and many other zealous and learned Catholikes who notwithstanding their submission to the Catholike Romane Church yet they purposely impugne the authoritie and iurisdiction of the Sea Apostolike contradicting the Popes authority and dominion directly in temporals his power to dispence in certaine vowes and in marriage which is not consummated to giue leaue to inferiour Priests to minister the Sacrament of Confirmation to define infallibly without a generall Councell c. albeit diuers Popes haue practised and maintained the contrary And therefore if this mans inference be good little heede is to bee taken to their submission of their writings to the Catholike Romane Church seeing that they purposely impugne the authority and iurisdiction of the Sea Apostolike But the plaine truth is that little heede is to be taken to the writings of this ignorant and vncharitable man seeing that to prooue me to be no other than an heretike disguised and masked vnder the vizard of a Catholike he bringeth such childish and witlesse arguments which may bee retorted vpon Cardinall Bellarmine and many other learned and zealous Catholikes who purposely impugne that authority and iurisdiction which some onely or a great part of Catholikes but not the Catholike Church or all Catholikes doe acknowledge as due to the Pope 108 But now this vncharitable man at the last vpshot will not shoot at randome as he hath hitherto done but he will forsooth hit the very marke and will manifestly prooue that no zealous Catholike can take me for any other then an heretike disguised and masked vnder the vizard of a Catholike And what more manifest argument saith he b Pag. 222. num 20. can a man desire of the truth hereof then that his Bookes are printed Cosmopoli and Albionopoli that is to say in good English in London with the consent and approbation of my Lord of Canterbury his fellowes Can any man perswade himselfe that their Lordships are turned Papists of late or that they would suffer books to be printed vnder the name of Catholikes with Epistles dedicatorie to the Pope and submission of the whole to the Censure of the Romane Church hee should haue added also Catholike if they did not know that the Authour thereof meant the same for a meere mockery and derision of his Holinesse honouring him as the Iewes did Christ when they kneeled downe and adored him saying Aue Rex Iudaeorum and spitting in his face 109 But although I am infinitely wronged and slandered by this vncharitable man in falsly accusing me of the greatest and most infamous crime that may be to wit of heresie and Apostacie and bringing such ridiculous arguments to prooue the same for the which at the day of iudgement he hath much to answere yet in very deed I doe in some sort pitty the silly man for that before he began to enter into this difficult controuersie wherein he shewed himselfe to haue so little skill he was of some account among English Catholikes and now hee hath so much empaired or rather quite lost that credit and good estimation they had of him by discouering so grosly his great want not onely of Theologicall learning but also of morall honestie The like vncharitable proceeding and vpon the like vncharitable friuolous grounds this zealous Father vsed against the Appellant Priests in the time of Pope Clement the eight to disgrace them with his Holinesse as hauing intelligence with the State and to be no good Catholikes c. but the effect hath prooued and Pope Clement also to the confusion of my backebiting Aduersary and his adherents hath confirmed and which also I make no doubt but that his Holinesse and all the world will ere it be long see and acknowledge concerning their course taken against mee that Mentita est iniquitas sibi Iniquitie hath belide it selfe 110 Marke now vpon what goodly principles hee relyeth to prooue mee to be no other then a hereticke disguised and masked vnder the vizard of a Catholike My bookes saith he are printed at London with the consent and approbation of my Lord of Canterbury and his fellowet Be it so therefore from hence we may very well conclude that all English Catholikes are infinitely bound to his Maiesty and the State who albeit by reason of that execrable Gun-powder plot the damnable grounds and principles from whence it was deriued might haue taken a fit occasion to repute all Catholikes without any distinction or difference of persons to be capitall enemies to his Maiestie and his temporall State and to perswade themselues and all the Protestant Subiects of the Realme that no true and constant Romane Catholike can be a true and constant subiect to his Maiestie yet his Maiestie and the State out of their most gracious fauour and clemencie were contented to permit his Catholike subiects to cleere themselues if they could of this most foule imputation so dangerous to themselues and so scandalous to their Religion and to make knowne to the whole world that according to the true grounds and principles of Catholike Religion his Maiestie might be assured that they might continue both his true obedient and constant subiects in all temporall affaires by vertue of the naturall bond of their temporall allegiance which the Pope hath not power to dissolue and also dutifull children of the Catholike Romane Church and of his Holinesse in all spirituall matters among which the deposing of Princes and the disposing of temporals are not according to the doctrine of
whole to the censure of the Catholike Romane Church in that manner as bookes are vsually printed by Catholikes And if S. Ambrose or any other of the ancient Fathers were now aliue and should see bookes of certaine Catholikes directly impugning the Soueraigne power and authority of Kings and absolute that Princes whom they did so highly honor and reuerence affirming them to be inferiour in temporals to none but God alone vnder pretence of zeale to the Sea Apostolike and subiecting them to the coerciue temporall power of spirituall Pastours whereas their generall doctrine was that with temporall punishments they are not to be punished but by God alone and broaching by violence and without sufficient ground with scandall to Catholike Religion and contrary to the example of Christ and his Apostles and the whole primitiue Church new articles of faith in preiudice of temporall authority and not permitting any man eyther to call their new faith in question or for his better instruction or discussion of the controuersie to propound any difficulty against the same with a desire to be satisfied therein albeit he submit himselfe and all his writings to the censure of the Catholike Roman Church but with open mouth crying out against him and calling him an heretike disguised and masked vnder the vizard of a Catholike what would S. Ambrose trow you or any other of the ancient Fathers if they were now aliue say of such Catholikes Truly that nothing can be more dangerous then such Catholikes who vnder pretence of zeale to Catholike religion and to the Sea Apostolike inuent new articles of faith in preiudice of Christian Princes by wresting many places of the holy Scriptures as Quodcunque solueris Pasce oues meas Secularia iudicia si habueritis c. to a sense not dreamed of by the ancient Fathers by reason of their potency in the Court of Rome and their fauour with his Holinesse whose authority they pretend to aduance vniustly persecuting those that discouer their manifest frauds and falshoods 122 Lastly that which Mr. Fitzherbert obiecteth heere against me migh Bartholus Carerius and other Canonists obiecteth against Cardinall Bellarmines booke directly impugning the authority of the Sea Apostolike vnder a solemne protestation and profession of obedience to the Church But the plaine truth is that neyther of vs both doe impugne that authority whiCh is certainely knowne and acknowledged by all Catholikes to belong to the Sea Apostolike but as hee impugneth the direct power of the Pope to dispose of temporalls for that there is no sufficient ground to proue the same albeit some Popes haue challenged the same as due to them and some Canonists affirme that it is hereticall to deny the same so I impugne the doctrine of Cardinall Bellarmine who holdeth that it is certaine and a point of faith that the Pope hath at least wise an indirect power to dispose of all temporals and consequently to depose temporall Princes in order to spirituall good for that there is no sufficient ground to confirme the same 123 And the like argument might Mr. Fitzherbert vrge against all those learned Catholikes who constantly deny the Pope to haue authority to dispence in any true and lawfull marriage which is not consummated notwithstanding so many practises of Popes to the contrary impugning directly the Sea Apostolike and the whole course of Ecclesiasticall gouernment vnder a solemne protestation and profession of obedience to the Church For Saint Antoninus doth of affirme Antonin 3. part tit 1. cap. 21. § 3. Caiet tom 1. opusc trac 28. de Matrim q. vnica Nauar. in Manual cap. 22. nu 21. Henriq lib. 11. de matrim cap. 8. nu 11. in Com. lit F. Sot in 4. dist 27. q. 1. ar 4. that hee saw the Bulles of Pope Martin the fifth and Pope Eugenius the fourth who dispenced therein and Card. Caietane relateth that in his time Popes did oftentimes dispence therein and Nauar affirmeth that Pope Paulus the third and Pope Pius the fourth did dispence therein three or foure times by his Counsell and aduise And Henriquez the Iesuite saith that Pope Gregorie the thirteenth did in one day dispence therein with eleuen persons Whereupon Dominicus Sotus although he submitteth himselfe and all his writings to the Censure of the Church is not afraide notwithstanding this often practise of Popes which my ignorant Aduersarie calleth the practise of the Church to say that those Popes erred therein following the Canonists opinion which he affirmeth to haue in it no shew of probabilitie And why then may it not be said in like manner that his Holinesse condemning the Oath as containing in it many things flat contrary to faith and saluation followed Cardinall Bellarmines opinion and other Diuines of Rome who hold that the Popes power to excommunicate and inflict Censures is denied in the Oath and that the doctrine for the Popes power to depose Princes which is denied in the Oath is certaine and of faith which their doctrine in my opinion hath in it no shew of probabilitie at all euen according to those rules which Cardinall Bellarmine himselfe requireth to make any doctrine of Pope or generall Councell to be of faith Whereby is plainely discouered the manifest fraude and ignorance of my vncharitable Aduersarie in affirming my doctrine to be hereticall and my selfe to be an heretike disguised and masked vnder the vizard of a Catholik for denying the doctrine for the Popes power to depose Princes to be of faith whereas euen according to the rules which Cardinall Bellarmine requireth to make a matter of faith he cannot bring any one argument Which hath so much as a shew of probabilitie to conuince the same 124 Marke now the fraudulent Admonition which Mr. Fitzherbert giueth to his Catholike Reader vnder pretence forsooth of sinceritie and the feruent zeale he hath of his soules health And therefore I hope saith he e Pag. 223. nu 22. thou wilt be wary good Catholike Reader and diligent to discouer Widdringtons fraude thereby to auoide the danger of his poysoned pen pondering all this matter in the iust ballance of prudence that is to say that thou wilt counterpoise his vaine pretence of probabilitie not onely with the graue and sacred authoritie of the Churches practise for many ages but also with the Canons of generall and Prouinciall Councells with the Decrees of Popes and with cleere doctrine of so many famous and learned Writers as hee impugneth Also that thou wilt weigh his presumption in defending and iustifying the Oath with the iudgement authority of thy supreame Pastour who condemneth and forbiddeth it the pretended force and soliditie of his doctrine and arguments with the ridiculous absurdities which thou hast euidently seene in his answeres to mee outward shewes of affection to thee and desire of thy good with the inward intelligence he hath with Gods enemies and thine who employ him to deceiue thee seruing themselues of him as Fowlers doe of birds which they keepe in