flocke But a shepheard hath a threefold charge one about Wolues that hee driue them away by all meanes he can the other about the Rammes that he may shut them vp if they hurt the flocke with their hornes the third about the rest of the sheepe that he giue euery one conuenient food Ergo The Pope hath this triple charge Out of this principle and foundation are drawen three strong arguments as he surmiseth But not to goe farre first I answer to this very fundamentall proposition that it is all true and maketh for me and that the very contrarie of that which he affirmes may very handsomely be gathered from thence I say gathered that the Pope hath no temporall power at all or may exercise any vpon Christian Princes as he is the Vicar of Christ and successor of S. Peter seeing such a manner of power is not necessarie for the Pope for the discharging and fulfilling of his Pastorall dutie And that is euidently concluded by this argument Christ by commending his sheepe to Peter gaue him all power necessarie to defend the flocke But he gaue him no temporall power Therefore temporall power is not necessarie to defend the flocke Secondly we will proceed in this manner It is a thing vnreasonable that the Pope who is the successor of S. Peter should haue more power then had Peter himselfe But Peter had not any temporall power ouer Christians Therefore Neither the Pope as he is his successor The proposition of the former reason is without all controuersie true And the Assamption is prooued by the testimonie and confession of Bellarmine himselfe For lib. quint. de Rom. Pontif. where he endeuours to establish his opinion of this thing by a similitude of the flesh and the spirit he writeth thus For as the spirit and flesh stand one toward the other in Man so doe the two powers in the Church for the flesh and the spirit be as it were two Common-wealthes which may be found both separated and toyned together flesh is found without the spirit in beasts spirit is found without flesh in the Angels and a little after Euen so the Ciuill power hath her Princes Lawes Iudgements c. Likewise the Ecclesiasticall her Bishops Canons Iudgements the one hath for her end a temporall peace the other euerlasting saluation sometimes they are found seuered as once in the time of the Apostles sometime toyned as now If these powers were seuered in the time of the Apostles as in trueth they were both in Right and in Deed it followeth necessarily that S. Peter had no temporall power otherwise it should be false that they were seuered for it there be place to the similitude propounded by him it will follow that as there is nothing fleshly in Angels and nothing spirituall in beasts so in the time of the Apostles there should be no temporall power in the Church or spirituall in the Ciuill state Therefore we must confesse either that temporall power is not necessarie for the chiefe Pastor of the Church or that the Prince of the Apostles himselfe and cheefe Pastor S. Peter was not furnished and accomplished with all things necessarie for the discharge of his Pastorall dutie And this is as contrarie as contrarie may be to that which he had already said in his fundamentall reason as I may call it to wit That all abilitie necessarie to defend the flocke was giuen to Peter The same also is prooued by this that all ciuill and temporall power at that time depended of heathen Princes to whom Peter himselfe witnesse Bellarmine although the head of the Church and Vicar of Christ was subiect in temporalities both by Right and in Deed. Wherof it followeth that either S. Peter was induced with no temporall power or that he receiued it from heathen Princes otherwise as we said before it should be false that those powers were then separated But it is certaine that he receiued none of them and therefore that he had none at all And certainly these reasons are more plaine then any man without fraud and cunning can gainesay that it is a wonder to see that learned men and otherwise godly should so be blinded with an inconsiderate and vnaduised heate that they should not sticke to embrace and follow doubtfull things for certaine obscure for euident crooked for straight for plaine and easie reasons those which be perplexed and intricately bewrapped with many controuersies and contradictions But they take care you will say to amplifie and adorne the Sea Apostolike with the increase and accession of this power and authoritie And is there any Catholike who doth not commend their minds that are affected to that Sea which is the foundation and strength of our faith That they doe grace and aduance by all meanes that Sea which no man can sufficiently commend according to her worth I doe much commend them but that they attribute more to it then is fit and that with the great scandall of many that I doe not commend for we our selues also do no lesse honour the same Sea we no lesse loue reuerence admire it as that which is the true seate of Peter and being placed in the rocke which is Christ hath ouercome all heresies and obtaineth by good right the chiefe place in the Church But the truth forbids that we should aduance her with this increase of Power our Conscience bearing vs witnesse before God and the Lord Iesu before whom in the day of the reuelation of the iust iudgement both these our writings and theirs shall appeare consigned with their owne merrits Therefore there is small cause why they should bring this former reason for themselues For Christ when hee said to Peter Pasce oues meas appointed him indeed Pastor of his flocke but a Spirituall Pastor not a Temporal and gaue him all ability necessary for that office whereby it appeares that Temporal power is not necessary for the Pope because Christ gaue it not to Peter himselfe Neither haue we heard any where that either S. Peter or any other of his Apostles did practise any temporall power or authority by vertue whereof he did either directly or indirectly that no man may suppose any force in words punish the forsakers of the Christian faith with Ciuill punishment after the manner of Magistrates It is true indeed that sometimes it hath come to passe that Temporall punishment as death or Torment hath followed a spiritual sentence the church at that time standing in need of miracles and wonders to confirme the faith which kind of punishments did strike a farre greater feare into the mindes of Christians then if after the manner of men they had suffered punishment at the hands of Ciuill Magistrates And this is that which the Apostle writeth to the Corinthians What will you shall I come to you with a rod or in loue and in the spirit of meekenesse The rod he calleth that spirituall power which by the wonderfull working of God did at that time
reason before related by vs is by him propounded in these words A shepheard may shedde and shut vp the furious rammes which destroy the flocke But a Prince is a furious ramme destroying the flocke when he is in faith a Catholicke but so wicked as hee doth much hurt Religion and the Church as if he should sell Bishoprickes spoile Churches c. Ergo the Pastor of the Church may reclude him he should haue rather said exclude him for recludere is aperire or to reduce him into the rancke of the sheepe Surely wee doe admitte this argument and whatsoeuer beside is by necessary consecution inferred thereof now no other thing can be inferred but that it is lawfull for the Pastor of the Church by which name we vnderstand the Pope in this place to expell an euill Prince out of the Lords fold and to exclude him that he rest not in the Lords sheepe-cotes with the rest of the Christian flocke that is to say by Ecxommunication to cast him out of the Communion of the Church of the Saints and to depriue him of all the benefites of regeneration in Christ and to deliuer him to Satan vntill hee make lawfull satisfaction for his offence and contumacie And this punishment is wholy spirituall and ecclesiastick and the greatest of all other which the Church hath which he cannot goe beyond no not against a priuate person vnlesse it be to go to the Prince ciuill as being superiour to the offender and beseech him to punish the iniurie offered to the holy mother who for that shee is a nurse of the Church ought to chastice with corporall and ciuill punishments the offenders and rebels to the same But the Church wanteth this temporall aide when as he is the soueraigne Prince himselfe who commits that for which hee may be worthily excommunicate because he hath no superior by no law can be challenged to punishment being free and safe through the Maiestie of his gouernment Therefore although the Pastor of the Church or the Pope may by Excommunication exclude him from the flocke and so depriue him of all his spirituall benefites yet can hee take away from him none of those things which he possesseth and enioyeth by vertue of a temporall and humane interest because goods of that nature are not subiect to Ecclesiastique but to Politique lawes which are in the power of Kings And as no Christian whether Prince or priuate person can auoid the Popes iudgment in spirituall Causes so neither may any subiect of what ranke or place soeuer he be decline the iudgement of his King or Prince in temporall affaires for in that the causes of Clergie persons are committed to other then to ciuill Iudges that was granted them by the singular grace and priuiledge of Princes whereas by the common law Cleriques as wel as Laiques are subiect to the temporall authority of secular Princes And this is grounded on that reason which Bellarmine himselfe deliuers viz. That Clergie persons besides that they are Clergy persons are also Citizens and certain parts of the common wealth politique Hence it is that vnder the best and holiest Christian Princes all the causes of Clergy men as well ciuill as criminall so as they were not Ecclesiasticke were wont to bee debated before ciuill and temporall Magistrates Therefore the Clergy did owe to secular Princes this their liberty which in this point they enioy as we haue declared before in the 15. Chapter Whereby I maruaile that the same Bellarmine doth affirme that the Pope might simply by his owne authority exempt Clergy men by the Canon Law from the subiection of temporall Princes For that I may speake it with the reuerence of so great a man it is as false as false may be Because the law of Christ depriues no man of his right and interest but it should depriue if it should take away against their wils that temporall right and interest which Princes before they became Christians had ouer Clergie men Againe seeing the Pope himselfe hath obtained this exemption of his owne by no other right but by the bounty and grace of Princes For as the aduersaries confesse hee was both de iure and de facto subiect to heathen princes as other Citizens it is an absurd thing to say that he could deliuer others froÌ„ the same subiection Otherwise that might agree to him which the wicked blaspheming Iewes did vpbraid to our Sauiour Christ He hath saued others himselfe he could not saue And in this point the authority of the Fathers in Councels could not be greater then the Popes Therefore this place requireth that wee also conuince an other errour which hath sprung spread very wide out of the decrees of Counsels not diligently and aduisedly considered and which reacheth at this day I know not how farre and to what persons viz. That Councels haue freed Clergy men from the authoritie iurisdiction of Magistrates Which is as far from all truth as may be for it is no where found in any Councell that the Fathers assumed to them so much authority as to depriue secular Judges of their authority and iurisdiction ouer the Clergy or in any sort forbid them to heare and determine the causes of Clergy men being brought before them vnlesse it were after that by the singular bounty of Diuines which began from Iustintanus that priuiledge of Court was granted to Church men For when as these graue Fathers themselues which were present and presidents in Councels were subiect to temporal authority as Saint Augustine teacheth in expositione cap. 13. Epist. ad Rom. it could not bee that they should by their proper authority exempt themselues or others from that subiection Therefore wee must vnderstand that those ancient fathers of the church amongst whom the Ecclesiasticall discipline did flourish with much seuerity and sincerity which at this day is too much neglected vsed all the care and diligence that might bee that the Clergy should carry a light before the people not onely in doctrine but also in inteâ—rity of manners and innocency of life and for that cause that they admonished all Clergy men and decreed and enacted by the Canons of their councels that none of them should bring against another any ciuill or criminall complaint before a secular Iudge but that either they should compose all their controuersies among themselues by the arbitration of friends or if they would not or could not that at least they should end them by the iudgement of the Bishop And surely they ordered their matters in this manner out of the same or surely the very like aduice which S. Paul in the 1. Epistle to the Corinthians gaue the Christians forbiding them that they should not draw one an other before the iudgement seates of insidell Iudges and there contend about their differences which we spake of a little before I say out of the same aduice these fathers ordained that if any thing sell out among the Clergy after the
vse a temporall authority euen ouer them who haue receiued authoritie ouer others And if any Bishop may doe that much more the Prince of Bishops Thus he And this example also is very farre from the matter in question wherein appeareth neither mention nor so much as any token of a temporall authority of a Bishop ouer an Emperour or any thing else whereby it may be concluded by any probable argument that such an authority doth belong to a Bishop but wholy belongeth to that spirituall authority of a Bishop which we both in heart acknowledge and confesse with the mouth that the pope hath ouer all Christians of what order or place so euer they be Ambrose excommunicated the Emperour for an offence committed by the iniust slaughter of many men doth not this belong to the spirituall iurisdiction of the Church which at this time Ambrose did exercise by his Episcopall authority But he could not excommunicate saieth he vnlesse he had vnderstood and iudged of that cause before although it were criminall and belonged to the externall Court Yes he might de facto as vnaduised Priests doe whome I haue seene sometimes send out an excommunication without tendring of the cause but de iure he ought not otherwise he should haue beene an iniust iudge if he had punished the delinquent party without hearing of the cause But let it be so he vnderstood the cause and iudged him worthy of censure and therefore did excommunicate the Emperour what then But he could not vnderstand and iudge of such a cause saith hee vnlesse also hee had beene a lawfull Iudge of Theodosius in an Externall Court Alas wee are catched in a snare vnlesse wee beware this peece of sophistry there lurketh in this assertion an exceeding cunning deceit by these words In an Externall Court A Court is twofold Politique or Ciuill and Ecclesiasticke or Spirituall The ciuill Court is wholy externall the Ecclesiasticke is subdiuided into externall and internall The externall Court Ecclesiasticke is wherein the causes belonging to the notice of the Church are openly handled and iudged and if they be criminall punishment is taken of them by ExcoÌ„munication interdiction suspension depositioÌ„ or by other means and oftentimes both the temporall and spirituall or Ecclesiasticall Iudge doe heare the same crime euen in the externall Court but each of them in his proper Court and to impose diuers penalties as the ciuill Iudge taketh knowledge of adultery vt sacrilegi nuptiarum gladio feriantur The Iudge Eclesiastique also taketh knowledge who hath the care of the soule to admonish the offender of his fault and if he persist in offending to chastise him with spiritualll punishments But the internall Court of the Church which is called the Court of the soule the Court of Poenitencie the Court of Conscience is that wherein the Priest takes notice and iudgeth of the sins reuealed to him by the conscience and in his discretion doth enioine him Poenitency according to the quality of the sinne For now the common opinion is that Poenitential constitutions are arbitrary that not only the Bishop but also any discreete Confessor may regularly moderate and mitigate them in the Court of the soule If therefore Bellarmine by forum externum do vnderstand the Ecclesiasticall Court which is content with spirituall paines onely wee grant all which hee saith For Ambrose was the lawfull Iudge of Theodosius in that Court and that he openly declared in deed and in effect when as hee did excommunicate him But when this is set down and granted there can nothing bee gathered from hence to confirm the temporall authority of Bishop or Pope because aswell the iudgement as the punishment was spirituall But if Bellarmine by forum externum vnderstand the ciuill Court it is most false which he propoundes for as the powers ecclesiasticke and ciuill are distinguished of God so are their Courts dictinct their iudgements distinct For the same Mediator of God and men Christ Iesus hath seuered the offices of each power by their proper actions and distinct dignitus Surely hee doth Ambrose great wrong if he thinke that after hee had obtained the Bishopricke hee heard and iudged criminall causes in a ciuill Court Ambrose then was no lawfull Iudge of Theodosius in an externall ciuil Court which is inough to proue that hee could not iudge or punish the Emperour with any temporall punishment But you will say Ambrose heard and iudged of the slaughter It is true but not as a ciuill and temporall Iudge J say I did not take knowledge of the crime for the same end for which the secular Iudge doth that place out of Aristotle is very good that many may take knowledge of one and the same subiect diuersly and after a diuers manner end and intention Jt is the same right angle which the Geometrician searcheth to vnderstand and the handicrafts man to worke by it So it is the same crime whereof the Laicke Iudge taketh notice that hee may punish the offender by death banishment the purse or by some other temporall punishment and which the ecclesiasticall Iudge knoweth that for the quality of the offence he may enioine spirituall punishment and Penitence At coegit Imperatorem adlegem politicum ferendam viz. he constrained the Emperour to make a ciuill law and therefore hee vsed a temporall authority ouer him A â—est If hee constrained him by what power by feare of what did hee constraine him The summe of the story will teach vs that which is thus Ambrose had cast on Theodosius the band of excommunication from whence when the Emperour desired to be deliuered the graue Prelate denies to doe it before such time as hee see in him some fruit of repentance what paenitence saith he haue you shewed after so hainous a crime or with what medicine haue you cured your grieuons wounde The Emperour answered that it is the office of the Bishop to temper and lay a medicine to the wound that is to say to enioine poenitencie to the sinner but of the Poenitent to vse those medicines which are giuen him that is to say to performe the poenitency enioined vnto him Ambrose hearing this for poenitence and satisfaction he imposed vpon the Emperour the necessity to make this law whereof we speake which being made and enacted for presently the Emperour commaunded the law to bee ordained Ambrose did loose him fram his bonds of excommunication Therefore in this case Ambrose vsed no temporall authoritie against Theodosius but whatsoeuer it was he commaunded by vertue and power of his spirituall iurisdiction neither did the Emperour obey this Prelate for feare of any temporall punishment for if hee would not haue obeied but as wicked Princes sometimes doe had contemned both the excommunication and the absolution Ambrose could goe no further at all But because the godly Prince was carefull for his soule lest hee beeing bound too long with this spirituall chaine might through the long imprisonment gather filthinesse
which belonged to the worship of God and the Priestly function But for that Bellarmine would faine haue it that Salomon did this not as a King but as a Prophet and an executioner of diuine iustice I require some proofe of this interpretation seeing it appeares no where by the Scriptures and therefore rests vpon mere coniecture only For in that place there is no mention made neither of any commandement specially giuen by the Lord nor of any extraordinary power delegated vnto him but rather the cleane contrary Salomon himselfe declareth openly enough that he executed this iudgement as King according to the ordinary power of the gouernment which he enâ—oâ—ed in the right of his kingdome by vsing this preface The Lord liueth who hath established me and placea me vpon the throne of Dauid my father And indeed the whole businesse was not spirituall or Ecclesiastike but temporall and politike only wherein Salomon knew very well that the King as King was the lawfull and ordinary iudge and therefore we do not read that by one interest he gaue iudgement vpon Adoniah and by an other vpon Abiathar Againe where Bellarmine to strengthen his interpretation takes hold of those words vtimâ—leatur sermo Domini c. it is very sleight I will not say absurd for what belongs this to the manner of fulfilling who knoweth not that the same speech of the Scripture is as well verified of that which is performed after an vsuall law and an ordinary authority as in this place as of that which is fulfilled either extraordinarily by some wonderfull euent or by the impiety and tiranny of men The wicked when they crucified our Sauiour diuided his garments that it might be fulfilled which is spoken by the Prophet or that the Scripture might be fulfilled Therefore such kind of words are wont to be added in the Scriptures to shew the truth of the prediction and prophecie so as to draw an argument from hence to gather an other matter must seeme very ridiculous and childish Indeed Salomon in that case was the executer of the diuine iustice I allow it he was a Prophet also it is true and what then And yet we read that he did that by his kingly authority and common or ordinary power and none not the least mention made of any speciall commandement Neither is there any place in Scriptures where we may read that this iurisdiction was by speciall name committed to him Moreouer it is not likely that the author of the story being inspired with the holy ghost would without any touch or warning passe ouer so different causes of so great a businesse and of so great weight if so be the King had passed his iudgement by vertue of one power and authority against Adoniah being a lay person and another against Abiathar a Priest In like sort the same learned man is deceiued when he saith That it is no wonder if in the old testament the soueraigne power was temporall in the new spirituall because in the old testament the promises were only temporall and in the new spirituall and eternall For neither in the old testament was the soueraigne power altogether temporall neither is spirituall in the new But each in his owne kingdome that is in the iurisdiction of his owne power as is most meet did then beare sway and at this time ruleth euen then say I both of them contented with their owne precincts abstained from that which was not their owne that neither the temporall power inuaded the spirituall iurisdiction and Priestly function nor the spirituall pressed vpon the temporall as in their owne right Now that right which Salomon did shew at that time to belong to Princes temporall ouer the Cleargie is acknowledged and retained by Kings in the new law and in the christian common wealth From hence came those priuiledges which diuers Princes excelling in deuotion and piety granted to Ecclesiastike persons For to what end were priuiledges giuen to them if by a common right they were not subiect to kings seeing that they who are defended and exempted by the common aide and by mere law haue no need of any priuiledge or extraordinary helpe And with these agree euen those things which Bellarmine himselfe doth most rightly 〈◊〉 against the Canonists That the exemption of the Cleargie in ciuill causes as well touching their persons as touching their goods was brought in by the law of man and not of God and hee confirmeth it both by the authoritie of the Apostle whose that same rule so much celebrated Let euery soule bee subiect to the higher powers as well includeth the Clerikes as the Laikes by Chrysostomes testimonie and also by the testimonie of the ancient Fathers and lastly in that as he saith No word of God can bee brought forth whereby this exemption can bee confirmed And I adde this as a most pregnant argument of this truth that in the most flourishing estate of the Church and vnder those Princes who acknowledged the Pope the Pastor of the vniuersall Church and the Vicar of Christ it was enacted and obserued by the Imperiall lawes that the Cleargie should answere before secular Iudges touching ciuill crimes and be condemned by them if they were found guiltie of the crime laid against them And indeed least we mistake we must vnderstand that not all these priuiledges of persons and businesses which at this day the Cleargie enioyeth were granted by the same Princes nor at the same time For first Constantinus Magnus endowed them with this singular priuiledge onely that they should not be obnoxious to nominations and susceptions that is that being nominated or elected they should not bee constrained to beare office or to vndertake any wardship or to take any office which concerned the collection or receipt of Victuall or Tribute whereas before they were called to all these things without exception as well as any other Citizens In the eight yeere after by the same Prince his fauour they obtained immunitie and excuse from all Ciuill functions as appeareth by the Constitutions of the same Emperour wherein hee giues this reason of his priuiledge Least the Cleargie by the sacrilegious malice of certaine men might be called away from diuine seruice And surely it is a thing worth the marking against the vnthankfull rasâ—nesse of certaine Clerikes who can endure to ascribe the beginning of their immunities to the courtesie and gift of secular Princes because the same godly Princes doth tearme those exemptions Priuiledges for thus he By the faction of hereticall persons we finde that the Clerikes of the Catholike Church are so vexed that they are oppressed with certaine Nominations or Susceptions which the common custome requireth against the priuiledges granted to them Afterwards Constantius and Constance about the yeere thirtie sixe from the granting of the first priuiledge Arbitio and Lollianus being Consuls granted an other priuiledge to the Bishops that they should not bee accused of any Crimes
distinction If as B. Augustine teacheth hee who hath vowed continence to God ought by no meanes to offend euen with this recompence that he beleeueth he may lawfully marie a wife because she who desires to marie with him hath promised that shee will bee a Christian and so may purchase to Christ the soule of a woman which lieth in the death of infidelitie who if shee marie him is ready to prooue a Christian What excuse shall wee vse to God if wee for the hope of some contingent good should violate the religion and faith of our Oaths which wee haue giuen to God and our King For there is nothing more precious then a soule for which our Lord and Sauiour hath vouchsafed to die And therefore if we may not sinne to gaine that to Christ for what cause shal it be lawfull for vs to sinne Moreouer in that you say that you doe free vs and pronounce vs free from the bond of this dutie that taketh not from vs all scruple of conscience but causeth vs to hang in suspence and the more to doubt of your authoritie because wee know that the commaundement wherein you promise to dispence with vs is ratified by the law of God and Nature and that your Holinesse can neuer no not by vertue of the fulnesse of your power dispense with any in the law of God and Nature Therefore wee will obey you in spirituall matters and the King in temporall matters God commands both wee will performe both To be short the comminations and threatnings which you insert in your Mandate we doe wonder at surely and in some part we feare them but yet we are not altogether so fearefull as to bee more afraid of them then we ought or that we should be so terrified with them as for feare of an vniust Excommunication to denie to our King the iust and lawfull obedience which is due vnto him For although it bee a common speech that euery Excommunication is to bee feared yet we ought to know that an vniust Excommunication hurteth not him against whom it is denounced but rather him by whom it is denounced Therefore if you strike vs with the edge of your Excommunication because we will not at your commandement transgresse the Commandement of God and malum facere your malediction and curse shal be turned into a blessing so as although we may seeme to be bound outwardly yet inwardly wee remaine as it were loosed and innocent These and such like are the reasons which haue so settled the faith as well of the Clergie as Nobilitie and euen of the whole Commons of France toward their Kings that they haue resolutely withstood certaine Popes who haue earnestly laboured to withdraw them from their loyaltie and obedience of their Kings and haue scorned the Popes Bulles and the sentence of deposition and depriuation from the kingdome nay more that they haue not beleeued therefore not without reason that they are bound by any Ecclesiastique Censures or may iustly bee enwrapped in any bonds of Anathema or Excommunication For my part surely I doe not see what may iustly bee blamed in the former answer and defense of the people vnlesse it be imputed to them and be sufficient to conuince them of contumacie because they doe not by and by put in execution without all delay or examination of the equitie euery commandement of the Pope as though it were deliuered euen by the voice of God himselfe which I thinke none in his right wits will iudge As for the other points they are grounded on most firme demonstrations most sound reasons and arguments and reasons of diuine and humane law viz. That it is the commandement of God that honour and obedience should be yeelded to Kings and Princes no difference or distinction of good and wicked Princes in that point being propounded That all the authoritie of the Pope consisteth in spirituall matters That temporall affaires are left to secular Kings and Princes That the Pope is not superiour to Kings in temporall matters and therefore that he cannot punish them with temporal punishments Lastly that the Pope can in no sort dispense against the Law of Nature and of God whereby this obedience is commanded the subiects toward the Prince and for that cause can neither absolue and discharge the subiects from that obligation nor by iust excommunication censure them who doe not obey him when he forbiddeth them to giue lawfull obedience to the Prince Al which points are seuerally and distinctly concluded before with authorities testimonies and arguments which in my opinion cannot be answered which notwithstanding I will leaue to the iudgement of the Church For this is my minde and resolution to submit my selfe and all mine to the censure and iudgement of my most holy Mother CHAP. XXXI THose things which hitherto haue beene deliuered by vs of the soueraigne authoritie of Kings and Princes and of the dutie which is not to bee denied to them in all things which are not repugnant to Gods Commandements and to good manners they are confirmed by the continual and solemne obseruation of the ancient Fathers and the whole Church For although they had great opportunitâ—e and meanes to pull downe and to defect from their gouernment wicked Christian Princes by whom they had beene wronged with priuate and publike iniuries yet in no maner did they moue any question against them touching their authoritie and rule they denied them no parcell of humane obsequie and obedience Only they wisely freely and stoutly resisted their errours And so holding the multitude in their dutie towards God and their King they obserued both precepts of fearing God and honouring the King And in very deede this is the principall remedie to preserue mens mindes from slipping and reuoke them from errour and the most ready way and meane to reduce Kings and Princes being furiously caried headlong with a frenticke heresie from immanitie and fiercenesse to courtesie and mildnesse from errour to truth from heresie to the faith which course the ancient Fathers euer held in such like cases which if the other Popes had followed in these latter ages and had not arrogated to themselues that same insolent and proud and hatefull domination ouer Kings and Emperours in temporall matters it had gone better then at this time it doth with the Christian Common-wealth and peraduenture those heresies wherewith wee are now sore pressed might haue beene strangled in the very cradle For euen the issue and the euent of businesse to this day doth sufficiently teach that the Popes doe little or nothing auaile while they hold this high slipperie and steepe headlong way but that they doe more times raise troubles schismes and warres by this meane in Christian Countries then propagate the faith of Christ or increase the profit and enlarge the liberty of the Church How vnprofitable and hurtfull to the Christian Common-wealth that assault was of Gregorie the VII vpon Henrie the IV. which Gregorie was the
that the temporall power is subiect to the spirituall Thus he Which that I may satisfie in order I answere that it is very false which in this first reason is thrust vpon vs for a true certaine and sound foundation false I say that the Ciuill power is subiect to the Spirituall since both of them is a part of the Christian common weale vnlesse they vnderstand it thus that it is subiect in spirituals and againe that this ought to be subiect to that in temporals since these two powers are so parts of the Christian common-weale as neither hath authoritie ouer other as which when they were free and of themselues absolute out of a mutuall loue closed together Therefore each of them acknowledgeth and reuerenceth the other in his order and office and each doth exercise her function at her pleasure only there is between them a certaine consent and fellowship conspiring in the conseruation and maintenance of the Christian common-weale for by both the powers or to vse Geneâ—rardes wordes by both the Magistraâ—tes Ecclesiastike and 〈◊〉 the Church is maintained defended and flourisheth which that she might be protected and preserued tyght and vpright alterius sic Altera pâ—â—â—it opemres coniurat amiâ—â— that as long as they keepe this societie the Christian common weale is like to flourish and abound with innumerable commodities of concord and peace But when they dissolue this combination thus contracted certainely the spirituall power though it excell with a diuine vertue yet being now weakned in the ere of the world and depriued of his corporall helpes for the most part is contemned and the temporall although it be mightie and strong hastneth thorough all villanie and surie to her owne destruction being destitute of heauenly grace which she enioyed by the societie of the spirituall power Notwithstanding neither can the power Ecclesiastike redresse her wrongs the more by her selfe but by spirituall weapons nor the temporall power worke vpon the Ecclesiastike but by visible and corporall armes whereof I would to God that both the monuments of former times and also our owne age memorie did not put vs in minde thorough so many lamentable examples And this surely is no other thing then that which I said before Hosius said to Constantius the Arrian 〈…〉 lawfull for us to hold any Empire on earth neither haue you power oner sacrifices and holy things being an Emperour and which S. Bernard to Eugenius the Pope These law and earthly businesses haue Iudges Kings and Princes of the earth Why doe you inuade an others borders why reach you your sithe into another mans haruest Therefore these two powers Ecclesiastike and Politike are not so parts of the Christian common-weale that one should be Master ouer the other but so are parts as which when they were single and deuided one from the other with a singular concord and vnion ioyned together at the last that each of them might afford helpe and succour to the other and by mutuall and enterchanged courtesies and offices might oblige and demerit one another Neither is it to be granted because the power Ecclesiastike is holier and worthier then the Politike therefore that this is subiect to her but onely as it often commeth to passe in a ciuill societie that she being the worthier and the richer applied herselfe to this which is neither so noble nor so wealthy for the benefit of them both so as both of them remaine free in that societie and neither depend any way of other Therfore excellently writes Driedâ— to this purpose Christ saith he seuered the duties of these two powers that the one might gouerne diuine and spirituall matters and persons the other prefane and worldly and after Behold thou plainly sees that Christ hath seuered the duties of both the powers Therefore the distinction of the Ecclesiasticall power Papall from the secular and Imperiall power is made by the law of God And after in the same chapter From whence the Pope and the Emperour are in the Church not as two chiefe Rulers diuided betweene themselues wherof neither knoweth other or reuerenceeth as his superiour for this ought to acknowledge and reuerence him inspirituall cases and he this in temporal and according to the old Glosse in Caâ— Hadrian 63. as he is father to this in spirituals so is this to him in temporals because a kingdome diuided against itselfe will come to ruine Nor againe are they as two Iudges subordinate so as the one receiues his iurisdiction from the other But they are as two rulers who are the Ministers of one God â—esigned 〈…〉 diuers offices so as the Emperour â—ouerns 〈…〉 persons for a peaceable Society in this world and the Pope rules spiritual to the aduancement of Christian faith and charitie But Bellarmine also himselfe Marke quoth he that the Sunne and theâ— Moone is not the same Starre and as the Sunne did not constitute the Moone but God so also that the Pontificate and 〈…〉 is not the same nor one absolutely depend on the other Surely the Sunne and the Moone are two great lightes when Pope Innocent 〈◊〉 interpreteth by an allegory Two dignities which are the Pontificall authority and regall power and compares that to the Sunne this to the Moone From whence I reason on this manner As the Moone is no lesse the Moone nor consisteth the lesse of hirselfe when shee departs from the Sunne and by wandering looseth the light shee borrowed on him then when shee is enlightned with his beames in herfull Orbe and Aspect and in neither regard either shee depends of him or he of hir but both holding the order and manner of their institution doe seruice both to God and the world so also the Kingly or Politike power resting on hir proper strength subâ—â—teth alâ—aies by hirselfe and although she receiue great light 〈◊〉 the Pontifical and spirituall power to liue well and 〈◊〉 yet is not changed at all hir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Essence 〈…〉 her approach nor by her departure nor 〈◊〉 nor 〈◊〉 much lesse is shee subiect to her when shee 〈◊〉 to her Now it remaineth that we seuerally declare the faultes of the reasons wherewith Bellarmine supposeth that his first reason is vnderpropped CHAP. XIIII THerefore touching the first I doe constantly deny that there is any such ordination or subordination of the endes of their powers so farre as their powers are such For the end of Politike or Ciuill power so far as it is politike absolutely containeth no more then a temporall 〈◊〉 I meane the Common-good and a well ordered tranquillity for the quiet conduct of life as Bellarmine himselfe confesseth in another place The Ciuill power saith he hath her Princes Lawes Iudges c. and likewise the Ecclesiastike her Bishops Canons Iudgements That hath for end a temporall peace this eternall saluation Neither doth this Ciuill power proceed further and is referred to none other end as it is such For in that it
hath chosen the weake things of the world to confound the strong knowing that his Church only stood in need of spirituall armes did so from the beginning furnish her with them that she ouercame all humane power and might so as it might be said truly a Domino factum est illud est mirabile in oculis nostris S. Bernard writeth excellently as hee doth alwaies to Eugenius the Pope This is Peter who was not at any time knowen to walke clad in silkes or adorned with precious stones not couered with gold nor caried on a white steed nor waited on with a guard of souldiers nor compassed with troups of seruants attending on him and yet he thought that without these that wholesome Commandement might be discharged Siamas me pasce oues meas heerein thou hast succeeded not to Peter but to Constantine Therefore although the temporall power whereof we speake may seeme to men to be necessarie for the Church yet to God it seemed neither necessarie nor profitable peraduenture for that reason which the successe of matters and experience it selfe hath taught the posteritie least the Apostles and their successors trusting on humane authoritie should more negligently intend spirituall matters and should chiefly place their hope in armes and in a temporall authoritie and might which they ought to settle in the power of the word of God and in his singular helpe And indeed if a man would take a view in Storie of the state of the Church from the passion of Christ to this day he shall see altogether that she grew very soone and flourished very long vnder Bishops that were content with their owne authoritie that is with spirituall iurisdiction who being the Disciples of the humilitie of Christ iudged that the onely strength to defend the Church did consist in the power of preaching the Gospell and the diligent obseruation of Ecclesiastike Discipline without any mention of temporall power And againe â—â—om the time that certaine Popes went about to annex and adioine a soueraigne temporall gouernment to that spiritual soueraigntie which they had that the Church decased euery day both in the number of beleeuers and behauiour and vertue of gouernours and that same seueritie of the ancient discipline being either remitted or to speake more truely being omitted that many Ministers of the Church discharged their places more slothfully and carelesly then before I omit that if these mens reasons were good it would follow by contraries that the temporall common wealth as they speake hath power to dispose of spirituall matters and to depose the soueraigne Prince of the Ecclesiastike common wealth because It ought to be perfect and sufficient in it selfe in order to her end and to haue all power necessary to attaine to her end But the power to dispose of spirituall matters and to depose the Prince Ecclesiastike is necessary to the temporall end because otherwise wicked Ecclesiasticall Princes may trouble the state and quiet of a temporall common wealth and hinder the end of the ciuill gouernment as indeed diuerse Popes haue been causes of much vnquietnesse Therefore the temporall Common-wealth hath this power The consecution is vtterly false and absurd for a temporall Prince as he is such a one hath no spirituall power and therefore the other is false too to which this by analogie is a consequent But as we vse to speake dare absurdum non est soluere argumentum Therefore I doe answer otherwise to the former part of this second reason That here be not two common weales as he supposeth but one only wherein there be two powers or two Magistrates the Ecclesiastike and the Politike whereof each hath those things which he doth of necessity require to attaine his end the one his spirituall the other his temporall iurisdiction and that neither this iurisdiction is necessary to that power nor that for this Otherwise we must confesse that each power is destitute of her necessary meanes then when they were seuered as sometimes they were which I haue already shewed to be very false as well out of the end of the temporall or ciuill gouernment at it is such as by the state of the Church being established vnder heathen and infidell Princes According to this manner in one and the same ciuill policie I meane in one City or kingdome many magistrates are found inuested with diuerse offices power and authority who gouerne the common weale committed to them in parts euery one of whom receiueth from the King or common wealth necessary power to attaine the end of their charge so as none of them may or dare inuade and arrogate to themselues the iurisdiction and rule of an other If the Consuls want any part of the Tribunes power or the Tribunes any of the Consular iurisdiction it can not be said therefore that both haue need of an others power to compasse their ends for each office according to the ground of the first institution is perfect and furnished with all necessary authority for the execution of his charge Or to bring forth more known examples As in one kingdome and vnder one King there are two great offices whereof the one the Chancellor the other the Constable hath by commission from the King the one hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the speciall charge of the law and iustice the other the managing of armes and the gouernment of all military discipline committed to him and each of them according to the quality and condition of his office is absolute and receiueth from the King all authority necessary for the execution of his charge and the compassing of his end Neither if peraduenture one of them either of negligence or iniury doe hinder the course of the other may he that is so hindred by his proper authority disanull his office or vsurpe his iurisdiction or to be short enforce him to amend his fault but by lawfull meanes granted him by commission from the King but it is requisite that each complaine to the King of others abuse of whom they haue receiued their authority so distinguished in offices and function that he may right him that is wronged and determine by his owne power and iudgement the diuision of the whole cause Now so long as these officers doe agree in the kingdome the one maintaines an others authority and vseth of his owne to supply that which is wanting in the other But if a Country-man to auoid iudgement of law doe depart into the Campe to the Army the aide of the Martiall at armes being required he is wont to be sent backe to the place from whence he fled and of the contrary if one that forsakes his Coloures shall slip into the City the City Magistrate being requested by the Magistrate at armes will by and by see him conueighed to the Campe to be punished for his misdemeanour But where they doe disagree they giue those wounds to the Common-wealth which the Prince onely can helpe and cure because
first of all the Popes that euer aduentured this high course wee haue sufficiently declared before But who is ignorant how that same furious aggression and censure of Boniface the VIII vpon Philip the Faire how little it profited nay how much it hurt the Church Likewise that of Iulius the II. against Lewes the XII both Kings of France of Clement the VII and Paulus the III. against Henrie the VIII and of Pius Quintus against Elizabeth Kings of England Did not all these Princes not onely not acknowledge but also contemne and laugh to scorne that same papall imperiousnesse carried beyond the bounds of a spirituall iurisdiction as meere arrogation and an vsurped domination For the two last Popes I dare bee bold to affirme vpon a cleere ground for the matter is knowne to all the world that they were the cause that Religion was lost in England for that they tooke vpon them to vsurpe and practise so odious and so large a iurisdiction ouer the Prince and people of that kingdome Therefore how much more iustly and wisely did Clement the VIII who chose rather by a spirituall and fatherly charitie and a vertue agreeable to his name to erect and establish the state of the French Kingdome which began to stagger and sway in religion then to contend by this same haughty and threatning authority of a temporall iurisdiction because hee knew that seldome or neuer it had happie issue Out of doubt for Kings and Princes who glory not without cause that they are beholding onely to God the Sword for their Kingdomes and principalities it is proper to them of a naturall greatnes of mind to desire rather to die with honour then to submit their scepters to an others authority and to acknowledge any iudge superiour in temporall matters And for that cause it seemeth not to be good for the Church and Christian common-wealth that the Pope should be inuested in so great an authority ouer secular Princes by reason of the manifold slaughters miseries and lamentable changes of Religion and of all things besides which dospring from thence In which consideration I cannot but wonder at the weake iudgement of some men who take themselues to be very wise who to remoue from the Pope the enuie of so hatefull a power and to mitigate allay the indignation of Kinges whome it offen deth so much are not afraide to giue out and to publish in bookes scattered abroad that this temporall prerogatiue of the Pope ouer Kings is passing profitable euen for the Kings thēselus because as they say mē somtimes are kept in compasse more through the feare of loosing temporall then of spirituall estates An excellent reason surely and worthy of them who put no difference betweene Princes and priuate persons and measure all with one foot Surely these men reach so farre in vnderstanding that they vnderstand nothing at all As though that feare wich falles vpon priuate persons is wont to possesse also the minds of Princes who hold themselues sufficiently protected and armed with the onely authority of their gouernment against all power and strength and impression of any man That reason ought onely to be referred to them whom the terrour of temporall authority and the seuerity of ordinary iurisdiction do reclaime from offending with feare of punishment for these kind of people because they are sure that if they offend they shall be chastised with some pecuniarie or corporall mult doe for the most part abstaine from doing hurt not for conscience but for the displeasure and feare of the losse of temporall thinges But Kings haue not the same reason but being placed on high aboue all humane constitutions and all positiue lawes doe giue vnto God onely the account of their administration whose punishment the longer it is in cōming the more seuere it is like to bee Against priuate persons the execution of punishment is ready which they cannot auoid without the mercy of the Prince But what execution can bee done against Princes seeing they are not tied by any sanctions of humane lawes nullisque ad poenam vocentur legibus tuti imperij poteslate For that it is expressed in the law That the Prince is free from the laws that both the Latine and the Greeke Interpreters do vnderstand as of all lawes so especially of poenall that the Prince although he doe offend may not be chastised by them or as the Graecians doe speake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which is the cause that Kings being assured both the greatnesse of their authority and confidence of their Armes feare not the losse of any temporall estate seeing there is not one among a thousād of them so froward and friendlesse but that he can find many friends to follow his party by whose helpe and aduice whether he be to vse sleight or strength hee supposeth he can maintaine his Crowne and scepter And for this very reason it is so farre that they will be terrified with these imperious and lording minitations to take their Kingdomes away that they are rather inflamed and set on fire by them against all pietie and religion And it is verie certaine that this temporall power which the Pope some ages past doth challenge ouer all men is so hatefull to princes that euen they who doe much honour the seate of Peter and do acknowledge the great power of his successors in spirituall causes yet they cannot without indignation endure to heare the speech of this temporall domination The reason is because neither in the sacred scriptures nor traditions of Apostles or any writings of ancient fathers there appeareth any testimony nay no token or print of footing of any such authority of the Pope and that a matter of so great weight I meane so great a commaund and power of raigning should bee euicted or wrested from them without the manifest word of God or pregnant proofe of reason neither can they endure any reason of law or indifferencie of equity can admit Wherfore wise men haue euer been of this mind that the Popes should with much more case procure the peace of the Church if according to the custome of their ancesters they would quietly rest themselues within the bounds and compasse of the spirituall iurisdiction and that according to their Apostolicke charity they should humblie entreat wicked Kings requesting beseeching protesting with praiers and teares that they would returne into the way rather then that they should goe about through this hatefull intermination to strip them of their temporall authority as it were through force and feare wherby they profit nothing or little to extort and wrest from them amendement of maners and faith And if these Princes bee so obstinate and stiffe in their wicked courses that they can be moued with no teares nor bended with no praiers the assistance of God must be implored and they abandoned to his iudgement But now let vs goe forward CHAP. XXXII THe second argument which Bellarmine deducteth out of his fift
exemption of the Clergie from the intermedling of secular Iudges and to reduce the whole businesse to the common law and to the state wherein it stood at the first Whereof when I was asked not long since I answered nothing as then but that it seemed to mee a strange question and of a hard deliberation to resolue For although it haue beene propounded by diuers yet hath not beene handled by any according to the worth of the subiect The mouers of this question were moued by the common and vsuall reason of taking Priuiledges away which the Pope himselfe and all Princes are accustomed to obserue that is if either they beginne to be hurtfull to the Common-wealth or the cause hath failed and is gone for which they were granted at the first or the priuiledged Persons themselues doe abuse them to a wicked and vnlawfull end And they said indeed that the cause of granting this exemption doth continue and is like to continue for euer that is to say the reuerence which all men ought to exhibite to that kind of men but that the abuse thereof was so frequent in many places to the great scandall of the whole Ecclesiasticall order that that benefite may seeme deseruedly to bee taken from them Thus much they But wee will more largely and plentifully decide this matter in our bookes de corruptione saculi if God giue mee life and strength CHAP. XXXIIII NOw therefore I returne to the argument which is propounded in the beginning of the 32. Chapter and J answere that it nothing belongs to the taking away of any temporall goods whatsoeuer much lesse of a kingdome For it is as certaine as certaine may be that Excommunication by which only froward stubborn Christians are separated excluded from the fellowship of the faithfull and communion of the Church doth take from no body their inheritance and temporall goods Vnlesse it proceed from such a cause which the Prince hath by his lawes especially ordained to be punished with the publication or losse of goods In which case not the Pope but the Prince not the excommunication but the constitution of the ciuil law doth take goods away from the person excommunicate The Pope surely cannot take any Patrimoniall right no not from a Clergy man though hee bee excommunicated and deposed or degraded by himselfe And indeede the case were very hard of Christian people if so be that a person excommunicate should forfeite his estate of all his lands and goods by excommunication alone being once passed against him either by the law or by any man seeing that his goods being once seased into the Kings hands doe scarse euer returne againe to the true owner And so excommunication which was appointed for a remedie and a medicine to helpe should proue a mischieuous disease to ouerthrow For that the person excommunicate although hee shall bee restored againe into his former estate of Grace by washing his fault away with due repentance should neuer or very hardly recouer his goods againe being once returned into the Fiske or Exchequer peraduenture wasted or giuen away to some body c. Therefore the censures Ecclesiastical amongst which Excommunication is the most grieuous doe worke vppon the soules not vpon the goods and estates of the Laitie as on the contrary the bodies of men and not their soules are afflicted with temporall punishments Seeing therefore that offenders are punished with the losse of their goods by the auhority not of the Pope but of the Prince Seeing I say it is not the Pope that taketh temporall goods from any priuate person by the power of his Ecclesiasticall iurisdiction and by the force and vertue of excommunication or other censure although the same bee iust and grieuous but the ciuill Prince onely who to pleasure the Church and to prosecute the wrong done vnto her is accustomed by lawes enacted of himselfe to ordaine sometime one punishment sometime an other at his owne pleasure vpon the contemners of the Church how then can it be that the Pope can by his sole Pontificiall and Ecclesiasticke authority take away from the Prince himselfe kingdom principality iurisdiction authority and all dominion who hath no iudge ouer him in temporall matters and is not subiect to any ciuil pains Is it so sure and certaine that the Pope hath giuen him by the law of God more authority ouer Princes then ouer priuate persons or are Princes tied to liue in harder tearmes in the world then priuate persons so as the Church may practise that vpon a Prince which shee cannot doe vpon a priuate man But that the truth of this matter may as yet appeare more plainely by an other meane I demaund of these men if the Pope haue greater authority ouer Kings and Emperours at this day then hee had in times past before that he was aduanced to a temporall honour by the bounty of Constantine and other Princes or that his authority at this present is onely like equal altogether I mean that which Christ conferred vpon Peter which no mortall man can either straighten or enlarge and which he shall retaine neuer the lesse although he should lose all temporall principality and gouernment And if he haue greater authority whence I pray you should he haue it from God or from men surely neither of both can be affirmed without a manifest vs truth For will any man euer say that is in his right wits that any new authority was giuen of God to the Pope ouer Christian Kings and Princes from the time that he beganne to raigne and to exercise a ciuill gouernment in certaine places and to shew himselfe in mens eyes both with a Crowne and Miter on his head or if he should say it were he able to make it good by any reason or authority much lesse hath any such authority accreâ—ed to him from men because as it is commonly said Actus agentium non operantur vltra ipsorum voluntatem And although Christian Kings and Emperours who haue and doe submit their neckes in spirituall causes to the Vicar of Christ such as only professe the orthodoxall faith yet none of them all passed into the temporall iurisdiction and authoritie of the Pope none of them but reserued to himselfe free and vntouched his secular iurisdiction But if peraduenture it bee found that any hath done otherwise the same is to be reckoned as an exception by which the rule in non exceptis is more stronglie confirmed Out of this foundation which is laid vpon most certaine reason a very good argument may bee framed in this manner The Pope hath no greater authoritie ouer Christian Princes temporall then hee had before hee was a temporall Prince himselfe But before he was a ten porall Prince he had no temporall authoritie ouer them any way Ergo Neither hath he now any ouer them The truth of the Proposition is so plaine that I neede not vnderset it with other arguments but the Aslumption is proued thus