The right and iurisdiction of the prelate, and the prince. Or, A treatise of ecclesiasticall, and regall authoritie. Compyled by I.E. student in diuinitie for the ful instruction and appeaceme[n]t of the consciences of English Catholikes, co[n]cerning the late oath of pretended allegeance. Togeather with a cleare & ample declaratio[n], of euery clause thereof, newlie reuewed and augmented by the authoure

Author: Kellison, Matthew.1621

THE RIGHT AND IVRISDICTION OF THE PRELATE, and the PRINCE. OR, A TREATISE OF ECCLESIASTICALL, and REGALL authoritie.

COMPYLED BY I. E. STVDENT IN DIVINITIE for the ful Instruction and appeacemēt of the consciences of English Catholikes, cōcerning the late Oath of pretended Allegance. Togeather with a cleare & Ample declaratiō, of euery clause thereof, newlie reuewed and augmented by the Authoure.

Reddite ergo omnibus debita: cui tributum, tributum: cui vectigal, vectigal: cui timorem, timorem: cui honorem, honorem. Rom. 13.

Render therefore to all men their due: to whom Tribute, Tribute: to whom Custome, Custome: to whom Feare, Feare: to whom Honour. Honour.

Imprinted With licence of Superiours. ANNO DOM. 1621.

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THE EPISTLE DEDICATORIE. To the most renovvned, and constant English CATHOLIKES.

THIS LIFE OF OVRS, (Right Honourable, Worshipful, and worthie Catholikes (is à Rase, and course, in which we are to runne for the winning of a goale. (1. Cor. 9.) It is a Wrastling for a garland of eternall glorie. (1. Cor. 9.) It is a Warfare, in which we are to fight against three mightie, knowne, and professed enemies, for no lesse then a Kingdome of Heauen. Our life, (as IOB saieth cap. 7.) is Militia super terram; A warfare, in which we stand alwaies vpon our guarde, alwaies in our armour, alwayes with weapon in hand: but it is a warfare on earth, for in heauen it is a peace; a labour here, a rest there; a sowing in teares here, a [Page 4]reaping in ioy there; a storme here, a calme there; a troublesome sea here, a quiet hauen there; a battaile here, a triumph there; and there fore the Church is called militant here, triumphant there. Wherefore as the husbandman laboureth in the field, resteth onely at home: The wayfaring man trauelleth in his ware, takes his ease onely in his Inne: The Romanes tryumphed not in the same place, in which they waged warre, but made warre in forraine Countries for Townes, Prouinces, and Kingdomes, and tryūphed onely in Rome: So we must not looke for ease, peace, triumphes, and garlandes in this life; but here we must prepare our selues to skirmishes, encounters, combats, and battailes, and in Heauen onely expect our Triumph. The children of Israel got not the land of promise, but by the dynt of the sword, by many encounters and bloudie battailes: neither shall wee obtaine heauen, vnlesse we fight for it. Regnum coelorum vim patitur, & violenti rapiunt illud, (Mat. 11.) The Kingdome of heauen suffereth violence, and the violent beare it away. If we will winne this Cittie, wee must lay siege vnto it by watching and praying. If we will enter it, we must make a breach by the batterie of good workes. If we will take quiet possession of it, we must make vvarre for it.

2. So that the Church militant, is an armie, and an armie alwaies raunged in battaile array. Terribilis vt Castrorum acies ordinata. (Cant. 6) Terrible as the armie of a Campe set in array: In which you shal see nothing but choros castrorum. (Cant. 7.) Companies of Campes. In which armie, the King is Christ; his General, is his [Page 5]chiefe Vicaire; His Coronelles, are Patriarches, Bishops, and other Prelates; His Captaines, and inferiour Commaunders, are inferiour Priests and Pastours; His souldiers, are the rest of Christian troupes, and Companies. To the furnishing of this Armie, all the Sacraments of the new law are instituted and ordained. Matrimonie peopleth this armie, and furnisheth it with men. Baptisme presseth and enrolleth them. Confirmation armeth them, and giueth them their militarie Marke and liuerie. The Sacred Eucharist vittaileth the Campe, and furnisheth it with munition bread. The Sacrament of Order createth Coronelles, Captaines, and such as are to commaund. The Sacrament of Penance healeth, and cureth the souldiers, who in this warre are wounded, and euen reuiueth them, who are slaine and killed. Extreame vnction riddeth them, euen of the reliques of the woundes and diseases. And so all Christians are pressed to the warre, and ordained to fight. the whole Church is a raunged Armie, and euery Christian ought to singe that songe, which DAVID sunge against GOLIATH Benedictus Dominus Deus meus, qui docet manus meas ad praelium. & digitos meos ad bellum. (Psal. 42.) Blessed be our Lord my God, who teacheth my handes to battaile, and my fingers to warre.

3. In this Armie, you, (ô valiant and constant Catholikes) are placed, as in the most dangerous, so in the most honourable rancke and place. For as the Generall placeth there his most expert and hardie souldiers, where the enemies Canon playeth oftenest, the darts and arrowes flye thickest, the pikes are planted [Page 6]like a wood most terriblie: so our King CHRIST IESVS, vnder whose banner and colours you fight, knowing your vndaunted courage to be such that (absit verbo inuidia) you are the most valiant souldiers of the present Church militant: he hath placed you against a wood of Pikes, against a shower of Bullets and Pellets, against the most furious assault, that the common enemie giueth to the Christian Armie, and Church militant of Christ.

4. For whereas Christians amongst the Turks, can buy their libertie of Conscience for money, you by no tribute can purchase such a fauour. And whereas in Holland, and other countries, the Magistrate layeth handes on Priests and Catholikes, only when he findeth them at Masse, or diuine seruice; you are searched for more diligently then theeues, murderers, and publike harlots, and are apprehended, euen in the streetes and fieldes. And although in Fraunce and the Low Countries, Catholikes haue heretofore endured intollerable pillages, cruell deathes and torments, yet that furie lasted onely a while, whilest the furie of heresie raged in her hoate beginning: but against you the like furie hath long continued. That cruelty was practised onely by way of tumult, but against you the like sharpnes hath bin vsed, vnder the colour of law, & shew of iustice: So that no Nation, no people Christian endureth at this day for Christ his Church, and her Pastours authoritie, that which you haue endured for these many yeares, without interruption. And whereas the more raging the Tempest is, the sooner it is appeased: & the more furious & bloudie the battaile is, the sooner it is ended: you haue this long time suffered a violent and furious persecution, and yet [Page 7]you see no ende of this furie, yea, no hope of an ende, by humane meanes, oulde statutes being still renewed, new enacted. So that you are placed in that place of Christs Armie, which is exposed to the greatest furie of the Enemie: yea, you are set as a Butt or marke, against which, the enemies of Gods Church, are permitted to discharge all their Artillarie, and to emptie the quiuers of all the pearsing arrowes of afflictions, against you: and fo you may say as IOB did (Iob. 16.) Posuit me quasi signum. He bath set me to him selue as it were a marck to shoote at. And seeing that he bath bene so long a spectator of these shottes, and furious assaultes, it seemech he taketh delight and pleasure, not in your enimies crueltie and furie, but in your dexteritie in warding, constancie in keeping your standing, patience in suffering and enduring.

5. And truely your afflictions seeme to me, neither inferiour, nor vnlike to those of IOB, and your patience seemeth to match and to aequalize his; only the order of your afflictions seeme different. For he was assaulted first in his goods, thē in his person; you cōtrariewise, first in your bodies and liues; now in your goods and liuings. The Sabeians haue rushed in vpon you, as well as on IOB, and haue spoyled many of you, impouerished the rest. Irruerunt Sabei, tuleruntque omnia. (Iob. 1.) The Sabeians came in violently, and haue taken all things from you, the fire also of God, fell from heauen, and striking the sheepe (of IOB,) and the seruants hath consumed thē. (Iob. 1.) and a fire not from heauen (vnlesse by diuine permission) but frō earth, yea, from hell, and the vnquenchable thirst of hauing, hath consumed all your substance. The Chaldees made [Page 8]three troupes to inuade the Camels of IOB, & stroke his seruants with the sword. (Iob 1.) So haue they by three troupes, to wit, Concupiscentia carnis Concupiscence of the flesh. (1. Ioan. 2.) Concupiscentia oculorum, concupiscence of the eyes, and Superbia vitae, pride of life, inuaded you: because to satisfie their lust and carnalitie, their auarice, desire of riches, and all that may be seene by the eyes, their pride and ambition of greatnesse, they haue made hauocke of all you haue. A vehement winde blowing boysteroussly from the countrey of the Defert, shooke the foure Corners of Iobs house, which falling, oppressed his Children. (Iob. 5.) The like whirle winde, from the North, and desert of heresie, hath shaken your houses, and by their fall, hath ruinated your families, oppressed your persons, your wiues and children.

6. And least the deuill should exprobate vnto you, as he did to IOB, that hetherto your goods haue rather suffered, then you; and that therefore if God would touch your bodie, and corporal life, hee should soone see you breake out into impatience (because skinne for skinne, and all things that a man hath, he will giue for his life, Iob. 2, God hath permitted Satan, by his ministers, to haue power ouer your bodies, and corporal life also, as appeareth by the prisons, in which some of you haue rotted, some haue statued, some haue been choaked with stincking ayres, as may easilye bee seene by the rackes, in which your ioyntes haue been dissolued, by the Tyburnes, on which you haue been hanged, and vnder which you haue been most butcherlie quartered, & vnbowelled. Yea, to augment your affliction, many of you haue not wanted a IOBS wife, carnal and worldly loue, to busse in your [Page 9]eares that Carnall counsell, Benedic Deo & morere, (Iob. 2. (Curse God and die; Doe against thy Conscience, frequent hereticall seruice, take the oath of pretended Alleageance, rather then vndoe thy selfe, thy wife and Children: Yet you haue not fayled with IOB, to reprehend such a wise, and tell her that shee hath spoken like one of the foolish woemen. (Iob. 2.), as Sir THOMAS MORE told his wife, that she was a foolish marchant, to counsell him to sell eternitie, for shorte and vncertaine time. Many also of you haue not wanted heretickes of your bloud and stocke, prefigured by IOBS false and fained friends (Iob. 2.) who haue gone about to perswade you, that these miseries, which oppresse you, are befallen you for your obstinacie in Religion; and yet you haue repelled such deceauing friends; yea, you haue cast from you such scandalyzing eyes, that is, you haue shaken off such friends, though otherwise as deare and necessarie vnto you, as your eyes, and haue chosen rather to goe to heauen blinde (Matt. 8.) then to be directed by such ill-guyding eyes.

8. But seeing that God hath not permitted Sathan to haue power ouer your soules, but onely ouer your transitorie goods, and mortal liues, loose ye not either hart or courage. Sathan indeede, by his Ministers (as one telleth you) hath broken downe the walles of your house, as no maruaile, it was but of clay, but he could not lay handes on your soule (the good man of the house) that being forbidden him; he hath broken the chest of your bodie; and no maruaile, it was but of rotten board; but he could not finger the treasure of your faith, Gods grace, and such like Iewels, they being locked vp in the Cabinet, of your conscience, [Page 10]of which God and you onely keepe the key. And therefore be yee not dismayed, for the losse of your temporal goods, liuings, and libertie, yea, corporal life, seeing the principal (the soule) is safe, so long as you will. But for all temporal losses, giue God thankes, and say with IOB, Dominus dedit, Dominus abstulit, sit nomen Domini benedictum. God gaue all this, & he hath taken all awaie, be he praysed as much for the taking awaie, as for the giuing.

8. And doe you not imagine, that God hath forsaken you in permitting this pillage of your goods, and sackage of your estates, for such goods are common to the good and bad: rather take it for a signe of his father [...]ie loue, in giuing you patience to beare with alacritie all those oppressions; and perswade your selues that necesse erat, quia accepti eratis Deo, vt tentatio probaret vos. (Tob. 12.) It was necessarie, because you were acceptable to God, that this tentation should prooue you. God hath indeede cast you into a fornace of tribulation, but as the Potter doth his earthen vessel, to harden it, not to breake it: or as the Goldsmith doth his golde, to purge it, not to con [...]ume it. He hath indeede chastised you, but as his dearest children, not as seruants, and out of his loue, more then out of anger, as hee hath dealt with his Apostles, his Martyrs, yea, his Mother, yea his Sonne, and all his dearest. For it is his manner, to chastice whom he loueth, and to scourge euery childe that hee receaueth. As vnto children hee offereth himselfe vnto you. For wat sonne is there, whō the father doth not correct? (Heb. 12.) And when the correction is done, he will embrace you, and cast the rodde into the fier. It is true, he hath [Page 11]wounded you, but as the Surgeon doth, to let out the corrupt matter. He woundeth and cureth, striketh, and his hands shal heale (Iob. 5.) And, the arrowes of our Lord, are in you, (Iob. 6.) as they were in IOB, but they are as tents, which hee will pull out, when they haue drawen out all corruptiō. He hath permitted the winde of persecution, to beat furiously vpon you, but it is to blow away all chasse of imperfection, and that the solid wheate of your vertues may be the purer. He hath permitted you to be pilled, polled, and spoyled of your goods, but that spoyling is but lopping and pruning, that the tree hereafter may beare his fruits more aboundantly.

9. Say not there fore, God hath forsaken vs, hee thinketh no more of vs; and if your enemies say, Deus dereliquit eos, persequimini & comprehendite eos, quia non est qui eripiat. (Ps. 70.) God hath forsaken them, follow them and apprehende them, there is none to deliuer them: beleeue them not, but rather answere them: Non derelinquit Deus praesumentes de se. (Iudith. 6.) God doth not forsake them that presume of him. Tell them that you are of the Church, to which God promised, quod non vocabitur vltra derelicta & terra, eius non vocabitur amplius desolata, sed vocabitur voluntas Dei in ea. (Isa. 62.) That she shal no more be called forsaken, and her land shal no more be called desolate, but she shall be called, the will of God in her. And when you behould Englands present desolate state, & compare it with her former glorie it had, weepe not as the lewes did at the sight of their second Temple. (ESDRAS 3.) For peraduenture, Magna erit gloria domus istius nouissimae, plusquàm primae. [Page 12](AGGEI 2.) Great shal be the glorie of this last house, more then of the first. And peraduenture at this present, England., though all dustie and slurred with the dust and bloud of this battaile, in which she fighteth, is more glorious in the eye of God, then when she flourished in her Churches, Monasteries, and Colledges, and shined in her golden peace. Be not astonished at the sight of the troupes and forces, which the enemy hath brought into the field against you, nor do you cry at such a fight with ELIZEVS seruant, Heu, Heu, Domine mi, quid faciemus? (4. Reg. 6.) Alas, Alas, My Lord, what shall we doe? for there are more with you, then with them. Lift vp your eyes to heauen, and you shal see moe in that mountaine prepared to fight for you, then are in the valley of this world, that fight against you. You shal see your Genera CHRIST IESVS, (whome S. Steuen saw standing) readie to assist you, who giueth courage to your heart, force to your arme, edge to your sworde, and who with his heauenly troupes of Saints and Angels fighteth for you, and in you; else against such forces you could neuer haue consisted; much lesse could you haue daiely encreased forces and companies. And yet you see your Seminaries, where your souldiers are trayned, are as full as euer, and nowe (thankes be to God) new forces of new Colledges and Monasteries, both of men and woemen (whose sexe is not debarred from this warre) doe adioyne them selues vnto you, armed with as great zeale as euer, with as much courage & dexteritie in fighting as euer, as appeareth by your Atkinsōs, Thulises, Maxfieldes, & Helmes, who euen this yeare, by dying in the fielde, discouraged & discōfited their olde Aduer saries. These [Page 13]troupes of souldiers, promisse one day a victorie: This seede sowen in teares, prognosticateth one day a haruest: These materials so well hewed and fashioned, assure vs, that so wise an Architect as is CHRIST IESVS, would neuer haue made them so readie for the building, had he not intended the reedisying of our defaced Temple, and ruinated Church of England.

10. And although your General delay your victorie, and suffer you many times to be ficercely assaulted, yet it is but to make your victorie more glorious: Although, when the storme of persecution bloweth so boysterously, that your Shippe may seeme in daunger of Shipwracke, he seemeth to sleepe, and not to heede you, yet it is but to make you cry vnto him with S. PETER, Domine salua nos, perimus. O Lorde saue vs, we perish: Although he seeme sometimes readie to leaue you, and to goe from you, yet he doth but fingere se longius ire, (Luc. 24.) make semblāce to go further, thereby to giue you occasiō to cry with the two Disciples, Mane nobiscū Domine, quoniā aduesperascit: Tarry with vs, ô Lord, because it waxeth with vs to watdes night, ād the day is now farre spēt: Although he seemeth to haue takē all humane meanes frō you, & euē that hope, which at the first you put in your Princes presumed Clemencie, and noble disposition, yet it is but to make you rely more on God, and not to put your confidence in Princes, in the sonnes of men, in whom there is no saluation (Ps. 145.) For otherwise, those oppressions of so many Innocēts, the equitie and iustice of your cause, the impietie and vengeance-crying sinnes of your aduersaries, the extremitie of your miseries and afflictions, doe pleade for mercie towardes you, iustice against them.

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11. But howsoeuer, you must not prescribe God a time, nor set him a day, as OZIAS did (Iudith. 7.8.) nor must you resolue as he did, to deliuer vp the Citie and Church of England, to the Enemie, vnlesse God send you ayde or succour within a certaine time: For then Iudith will reprehende you, and demaund sharply of you. Qui estis vos, qui tent atis Dominū? non est iste sermo qui misericordiā prouocet, sed potius qui iram excitet, & furorem accendat. (Iudith. 8. VVhat are you that tempt our Lorde? This is no word, that may prouoke mercie, but rather that may rayse vp wrath and inflame furie. Rather you must expect, in all patience, the time which God hath appoynted, assuring your selues, that as he knoweth your necessities, better then your selues, so is he more willing to release them, and as able as willing, because his power is his will; and therefore when it shall be most for his glorie, and your good, he will lende his helping hande, and, as you haue expected him, so he will be your arme in the morning, and your saluation in the time of your tribulation. Isa. 53.

12. And what can you tell? perchance the iniquities of the Amorrheans are at their full. (Gen. 15.) and Gods sword is readie drawen, to take a iust reuenge of them: perchance the Cup of Englands Martyrs blood, which God expected for an expiation for the sinnes of vs, and our forefathers, is almost brimful, and so he will be shortly appeased: perchance your louing Father hath almost done the due correction, and now is readie to lay the rod aside: perchance the destroying Angel, whom S. GREGORIE sawe, is putting vp his sworde, which hath [Page 15]made such a slaughter among you: perchance England, that all this time of persecution hath trauelled on Christ, and endured the throwes and panges of Ghildbirth, is now readie to be brought a bed, and that she shall forget her former pressure, and reioyce to see Christ in England, and England in Christ borne againe, and shall be more comforted at Englands birth to the Catholike Church, then shee hath bene greeued at her death, by Schisme and Heresie: perchance the cup of teares, which God hath giuen you to drincke, as a medicinable potion, is now almost drunke off to the bottome, and he is readie to speake these comfortable wordes vnto you: Eleuare, eleuare; consurge Hierusalē, quae bibisti de manu Domini calicem irae eins; vsque ad fundum calicis soporis bibisti, & potasti vsque ad faeces. Ecce ego tuli de manu tua calicem soporis, fundum calicis indignationis meae, non adijcies vt bibas illum vltra. Et ponam illum in manu eorum, qui te humiliauerunt. (Isa. 51.) Be lifted vp, be lifted vp, arise Hierusalē which hast drunken of the hande of our Lord the cuppe of his wrath, euen to the bottome of the cup of drowsinesse, hast thou drunke, euen to the dregges. Beholde, I haue taken out of thy hande the cuppe of drousinesse, the bottome of the cuppe of myne Indignation, thou shalt not adde to drinck it any more. And I will put it in their hand, that haue humbled thee. (Is. 51. (perchance tempus miserēdi is at hand; perchance prope est vr veniat tempus eius, & dies eius non elongabuntur (Isa. 14.) it is neere that the tyme (of your relaxation) [Page 16]shal come, and the dayes therof shal not be prolonged.

13. Onlie looke that there be no ACHAN nor ANATHEMA amongst you (Iosue 7.) for if there bee, God will take your wonted courage from you, and the Citie of HAI will preuaile against you. For as God is so mercifull that he spareth some tymes a whole Citie or kingdome, for the merites of a few, as he was readie to haue spared SODOME if he had found teniust men in it (Genes. 18.) for iust men (as S. AMBROSE sayth lib. 1. De Abraham. c. 1. are a wall to their countrie, and their faith saueth and defendeth the rest from destruction) so also is he so iuste, that out of his secret, but yet iust Iudgements, he chastiseth sometymes a whole armie (as wee see in ACHAN, IOSVE 7.) or Kingdome, for the enormitie of a few. VVherfore (VVorthie Catholickes) the best meanes that I find to procure you a relaxation from this your so long persecution, is to follow the counsell, which the Ammonite ACHIOR gaue to HOLOFERNES (Iudith 5.) Perquire si est aliqua iniquitas &c. Search if there bee any iniquitie of yours in the sight of your Lord God, for if there bee, then you may iustlie feare least God permitt his and your enemies to dominere ouer you, as he permitted DANIEL, HIEREMIE, and TOBIE, and many Innocents to be caryed into captiuitie with the nocent. For as S. HIEROM sayth episi. 13. Nostris peccatis barbari fortes sunt, nostris vitiis Romanus fugatur exercitus. By our sinnes, the barbarous (heretickes and barbarous persecutours) become strong; and the Roman Armie (the Roman Church) is chased, and put to flight [Page 17]by our vices. But, as ACHIOR sayd: Si non est offensio populi huius coram Deo suo (Iudith. 5.) If there bee no offence of God amongst you, your enemies shall not lōg preuaile, because God, whose cause you sustaine, will fight for you, and in you.

14. As for me (O constant Catholickes) when I behould your vndaunted courage, which you oppose against the furie of your Persecutours, and your inuincible patience, wherewith you haue hethert [...] endured all kind of aduersities, I can not but admire and commend you, and praise God also for you and in you: But when I consider also what is befallen some of you of late, as I meruaile not therat, so I can not but feareleast by that, by which you thought to finde some ease of this heauy yoke of persecution, vnder which you grone, you haue augmented the burden and prolonged your miseries. I meruaile not, that after so heauie oppressions so long endured, you grone with the Israelites (Exod. 2.) I meruaile not, that after so furious assaultes so long sustained, some giue backe, and forsake their place and standing: for what meruaile that in so great a winde some chasse is blown away? that amongst so many vessels put into the fornace of tribulation to be hardened, some breake in the hardening? for vasa figuli probat fornax &c. the fornacetryeth the potters vessels, & the tentation of tribulation iust men. (Eccl. 27.) Rather I meruaile that in so great a storme & troublesome Sea, so few do suffer Shipwrack; and in so great a heape of wheate, so litle chasse is found; and amongst so many peeces of gould, which haue been cast into the fier, so few proue light and counterfet. Yet I feare also least your late giuing backe make the [Page 18]enemie with more bouldnes to presse vppon you; and that the late Anathema, which is fallen amongst you, hath prouoked the wrath of God against you, and hath giuen courage to your enemie, taken it from you, and hath added surie to him, diminished zeale and feruour in you.

15. You know what I meane: it is the late proposed Oath, which because it goeth vnder the name of Ciuil Alleageance gratefull to such good subiects as you are, whom Religion and conscience teacheth to obey, feare, loue, and serue your Prince, hath deceiued some of you, and hath made you vnder this alluring bayte, to swallow downe the hooke that galleth euen the soule and conscience, and in this goulden cup to drinke your deadlie poison and perdition. So that I may say vnto you: Anathema est in medio tui Israel, non poteris stare coram hostibus tuis, donec deleatur ex te, qui hoc contaminatus est scelere, (IOSVE 7.) There is Anathema in the middest of thee, O Israel; thou canst not stand before thine enemies, till he be destroyed out of thee (or his sinne in him) that is contaminated with this wicked fact. VVherfore, O VVorthie Catholickes, let nothing sticke in your hādes of this Anathema, that our Lord may be turned from the wrath of his furie, and may haue mercie on you. (Deut. 13.)

16. You are not ignorant, that modicum fermentum totam massam corrumpit (1. Cor. 5.) A little leauen corrupteth the whole paste. One mortall sinne mortifieth all your former merites, (D. Th. 3. p. q. 89. a. 4.) and he that offendeth in one [Page 19]point, especiallie pertaining to faith and the Churches power & right, is made guiltie of all (Iac. 2.) This one hole, which the persecutour hath made in the ship of your soule, is sufficient to let in that water which will drowne you: this one point of your chiefe visible Pastours Authoritie and power, which (though forced therunto) you abiure, is sufficient to disgrace all former constant and glorious Confession. And it will little auaile you to haue layed your hand to the plough, if now you looke backe; to haue runne so well hetherto, if now you faint before the goale; to haue resisted hetherto so va iantlie, if now you yeeld your selues slaues to tyrannie.

17. And although some one persuadeth you, that you may with safe conscience take this oathe, and therefore are not bound with hazard of your estates to refuse it, yet beleeue it, persuasio haec non est ex eo qui vocat vos: this persuasion is not of him that calleth you (Gal 5.) for as S. PETER telleth you: In hoc vocati estis you are called to this, to doe well, and sustaine patientlie, (1. Pet. 2.) and not to yeeld in the least point against God and his Churches right and honour. VVherfore seeing that by this oath the true and lawfull Authoritle of your chiefe visible head and Pallour is abiured (as this booke will make plaine vnto, you) imitate the wise serpent, expose bodie, liuings, libertie, and all, for the defence of your Head: and if your zealous Pastour and Primat S. THOMAS of CANTERBVRIE, indured banishment, reuilings, contumelies, iniuries, and at length death it self for the defēce of the rights of the Church; how much more should you constantlie endure for [Page 20]the defence of the Head of the Church?

18. And although Widdrington telles you, (and as he would seeme, as a freind, and one that hath care of your temporall estates) that you are not bound to loose any penny for the Authoritie of the Pope, which this oath abiureth: yet I desire you to cōpare VViddrington to those Allens, Card. Allan in his Answ. to the libeller.Hardings, Sanders. B [...]istowes, Stapletons, who had as great a care of your temporall, and more of your spirituall estates, and yet wrote, and taught, that the Authoritie, which this oath abiureth, is to be defended with hazard of liuings and life. To these I'desire you to adde the Coūcels, not only Prouincial, but also General, which in their decrees haue defined this authoritie; the Popes so many, so learned, so holie, who haue exercized it vpon rebellious Princes; the Kings and Emperours (though most herein interessed) who haue acknowledged it; the arguments also deducted out of Scripture, and Principles of faith and Diuinitie, which do conuince it, (all which this booke will make known vnto you) and lastly the fatherlie admonition of your most Holie Father and chiefe visible Pastour PAVL by the Grace of God the fifte of that name, who as by office he hath a generall charge and care of all Christian Nations, so hath he a particular care, not only of the spirituall, but also of the temporall estates of all English Catholikes, as our Colledges haue, and do daiely experience, and consequentlie would not expose your temporall estates to the furie of the persecutour, by forbidding you this oath, if (as he telleth you) it did not containe thinges, which can not be sworne without euident and grieuous wronging of Gods honour, and which are [Page 21]flat contrarie to faith and saluation. (Paulus 5. in Breu.) And therfore seeing that hee, like a wise and carefull Phisitian, hath more care of your health, then of contenting your tast and humour; and VViddrington contrariewise permitteth you that which is pleasing to flesh, and bloud, not so much respecting how preiudicious it is to your soules health; if you will preferre heauen before a temporall estate, and the soule before the bodie, you must also preserre your Holie Fathers counsel and admonition, especiallie grounded in such authoritie, before all the smooth and soothing prescriptions in the world, warrāted by onlie Widdringtons, and some few obscure Authors authoritie: for although he alleadgeth often the Doctors of Sotbon, and all the state of France, yet by the late resistance made by the Clergie, and nobilitie of France against the like Oath, who seeth not how he abuseth his reader and iniureth that noble Monarchie?

19. But put the case you should preferre VViddringtons counsel before your chiefe Pastours admonition, and all the authoritie alleadged, neither so (what soeuer he beareth you in hand) should you saue your temporall estates, or decline persecution. For to omitte that if you had at the first iointlie and couragionslie resisted the oath, it is like you should neuer haue been so hoatlie pressed with it; if now you should all resolue to accept of it, neither so should you auoide persecution. For (as I haue tould you) perchaunce your yeelding in this point hath prouoked your heauenlie Fathers wrath, and induced him in this his so iustlie conceiued anger, to vse or permitt still the rodd of persecution, which otherwise he was [Page 22]readie to haue layed aside: and the persecutour, who proposeth this oath, not seeking so much the Princes securitie (which rather hereby, as I haue shewed in the last chapter of this booke, is more endaungered) as the molestation of your Consciences, and the pillage of your goods, would not, though you should accept of this oath, surcease therfore from persecution; but if he could not by this meanes molest your consciences, and ruine your estates, he would try other meanes, as to compell you to their Churches or prophane Communion. And this you may gather by his sorrow he shewed, when in the beginning so many of you yeelded to take this oath; and by this also, that many, who haue taken this oath, can not so free them selues from molestation, because nothing but your goods and miseries can satisfie the vnsatiable crueltie of bloudie persecutours. And so by yeelding to this oath, as you prouoke Gods greater anger, so you moue the persecutour to no compassion; rather you make him more insolent, and redouble your owne miserie. But suppose you could thus shake of this h [...]auie yoke of persecution, yet it beeing vnlawfull (as your chiefe Pastour and [...]earnedst Doctours teach you) as hetherto, rapinam bonorum vestrorum cum gaudio suscepistis, cognoscentes vos habere meliorem & manentem substantiā, (Heb 10) the spoile of your owne goods you haue taken with ioy, knowing that you haue a better and permanent substance; so do you perseuere and continue. And if God permit the persecutour to prey, not only on your goods, but also on your liues, yet nolite timere eos, qui occidunt corpus, animam autem non possunt occidere [Page 23]&c. (Matt 10.) feare not them that can kill the bodie, and are not able to kill the soule: but rather feare him that can destroy both soule and bodie into Hel.

10. Many thinges do make this oath vnlawfull, as you will easilie perceaue by the briese examination, which the last chapter of this treatise maketh of it; but if there were nothing but this, that it is an vncouth and vnwonted oath, neuer yet proposed by any Prince vnto his subiects, and proposed also by the professed Enemies of Gods Church, all Catholikes that feare to offend God, or to doe iniurie to the Church, and her right and authoritie, ought to holde it as suspected, and as such to shunne it, and auoyd it. For it is no new thing for heretikes vnder colour of oathes of fidelitie and ciuil alleageance to deceaue the well meaning and nought-suspecting Catholike. VVee read in the historie of the persecution of the Wandalles, (Victor Vticen. lib. 3. de pers. Vand.) how Hunnericus proposed such an oath to the Catholike Bishops assembled together at Carthage, pretēding onely therby to assure him selfe of their sidelitie towards him and his sonne, that was to succeede him, which if they would take, he premised to send them home to their Churches. The oath seemed [...]rie reasonable, and was no other then this: Iurate si post obitum Domini nostri Regis, eius filium Hildericum desideratis esse Regem, vel si nullus vestrum ad Regiones transmarinas epistolas diriget: Sweare whether after the death of our Lord the King, you desire that his sonne Hildericus should be King: or that none of you will wr [...]e or [Page 24]send letters beyond the seas. At this oath though in shew altogether lawfull, the Catholike Bishops staggered: and some of them suspecting all that cometh from the Enemies of Gods Church, flatlie refused it: others least the people should say that vitio sacerdotum, qui iurare noluerunt, non fuerint Ecclesiae restiturae: by the fault of the Priests, that would not sweare, the Churches were not restored, accepted of it. But by and by appeared the hidden malice of the persecutour: for he tooke aduantage thereby, as well against those that swoare, as those that refused to sweare. To them that swoare, his officers sayd: VVhy against the commaundement of the Ghospell haue you [...]Worne? The King commaunded, that you should neuer visit your Cities and Churchs againe, but that being banished you should take lands to till, colonatus iure, by right of farmers and new Inhabitants, yet with this condition also, that you neither sing seruice, nor pray, nor carrie booke to reade, nor Baptize, nor giue orders, nor reconcile any. To them that refused to sweare, they sayd: quia regnum filii Domini nostri non optatis, idcirco iurare noluistis &c. Because you desire not that the sonne of our Lord the King should raigne after his Father, therefore you would not sweare. For which cause you are commaunded to be banished into the [...]e of Corsica, to hew trees for the Kings buildings. So that in extraordinarie oathes the hereticall Magistrate hath sinister intentions [Page 25]and hidden meanings, and vnder faire pretences coucheth malice: and therfore all such oathes are by zealous Catholikes to be suspected: much more this oath, which in so plaine wordes abiureth the Popes lawfull authoritie, which Councels, and chiefe Doctors do giue him, and which he hath practised so many yeares without contradiction of all, sauing heretikes, schismatikes, and some few obscure authours, ought to be houlden as suspected, and as such of all timorous consciences to be auoided.

21. VVherfore, worthy Catholikes, vse the benefit of persecution for that your good, to which by God it is ordained or permitted: let it serue for a winde to blow away your chaffe of Imperfections, not to scatter the solid wheate of your faith, charitie, zeale, feruour, and constancie: let it serue for a red sea to passe to the land of promise with the Israelites, not to drowne you with the Aegiptians: let it serue for a gale of wind to set you onward to the hauen of heauen, not for a boysterous blast to driue you on the rockes of scandall: let it serue for a blast to enkindle, not to blow out your fier: let it serue for a fire to purge you like gould, not to melte and consume you like wax or lead; to harden you as vessels sit to receaue Gods spirit, and to carrie his name, not to breake you in the heating. And my dearest. (I vse S. PETERS words) nolite peregrinari in feruore, qui ad tentationem vobis sit, quasi aliquid vobis contingat. (1. Pet. 4. Thinke it not straūge in the feruour, which is to you for a tentation, as though some new thing happened vnto you. It is no new thing for the seruantes of God to suffer persecution: [Page 26]but comfort your selues that in suffering for Instice, you are companions to Christ, the Prophets, Apostles, and Martyrs. Take heede that none of you suffer for disloyaltie or ill demeanour: but whosoeuer suffereth as a true Christian, that is, as a Catholicke Romane (for these two alwayes go together) let him not be ashamed, but let him glorine God (1. Pet. 2.) for such suffering is but to purge him, to try him, to associat him to Christ and his faith, to marke him for one of Christs souldiers, to conforme and configurate him here to Christ patient, that he may be cōfigurated in heauen to Christ triūphant. VVherfore plucke vp your hartes, and call to mynd your former victories, hetherto you neuer encountred, but you ouercame and prooued stronger thē all the Tibornes, rackes, and Gibbets, then all the Engines and Ministers of crueltie: doe not now by dastardie and cowardlike yeelding obscure your former glorie, and mortifie your former merites: but seing that you haue of humane frailtie yeelded in this one point, let this your disgrace and foile receiued thereby, serue for a busset of Satan to humiliate you with S. PAVL (2. Cor. 12.) least the greatnes of your reuelations (as it is a reuealed doctrine to count it honour and fel [...]itie to suffer for Christ) might extoll you: let it serue for a memoriall to put you in mynd, that heretofore by Christ and his graces, not by your own force you ouercame: let it serue as a Monitour, to admonish you sitting in the triumphant chariot of your former victories, that you are of your selues but mortall and frayle men: let this fall make you rise with a rebounde to greater courage then euer; that so all thinges, euen falles, may cooperate to your good. (Rom. 8.)

[Page 27]

22. But my zeale of your Honour (VVorthie Catholickes) hath transported me, and made mee not only to exceede the limites of an Epistle, but also to be more officious, then perchaunce gratefull to some, who may thinke, that if I knew, or at least fealt the miseries which they endure, I should rather condescēd vnto them with VViddrington, then vrge them so much to refuse this oath, whose refusall is so daungerous to their persons, and pernicious to their estates. But I haue for such an answer in readines, to wit, that I am not ignorant of your extreame afflictions, and that (as I protest) I neuer thinke of your sufferances seriouslie, but I suffer with you sensiblie, and would, if so I might ease you, spend my blood, and hazard my life, euen for a relaxation from your temporall miseries: but being perswaded as I am, and standing vpon so sure grounds, as this Treatise will manifest vnto you, as that Phisition were vnworthie his Profession, that would prescribe onely such Phisick to his patient as is pleasing to his tast, not caring how contrarie it be to his health, so if I, with a VViddrington, would seeke to soothe, and sute a worldlie humour, and so my speeches be pleasing to flesh and bloud, little regard the health and state of your soules and securitie of your consciences, I were vnworthie the roome I fill, the person I sustaine, and the function of a Spiritual Physition, which I haue vndertaken. VVherfore if my Physick be distastfull, refuse it not, it being healthfull; neither be you angrie with the Physition for prescribing so bitter a potion, he therby intending your good: and if my speeches seeme too plaine, thinke they are sincere and spoken out of loue; if sharpe and byting, persuade your selues that [Page 28] meliora sunt vulnera diligentis, quàm fraudulenta oscula odientis: (Prou. 27.) Better are the wounds of him that loueth, then the fraudulent kisses of him that hateth. This I am sure, I giue you no other counsell, then I would follow my selfe, who haue that opinion of the vnlawfulnes of this oath, that I would loose liuings, libertie, and life, rather then take it: not that I would not giue that to Caesar, which is due to Caesar, but that I would not take from God which appertaineth to God: not that I neglect a temporal life and state, but that I preferre the spirituall: not that I despise the Prince, to whom I acknowledge all tempor all obedience and honour, but that I honour the Pastour, who hath the rule of my soule: not that I regard not the Common wealth, but that I desire to liue and dy an obedient sonne of the Church: not that I feare not them, who can kill the bodie, but that I feare God more, who can kill the soule: Matt. 10.

23. And my intention and proiect (I protest) of dedicating this Treatise vnto you, was not to irritate any Prince, but onlie to declare his Authoritie and office; not to flatter any Prelate, but onlie to defend his right; not to increase your persecution, but to ridde you of this Anathema, which hath prolonged it; not to adde affliction to affliction, but courage to your fainting, and comfort to your griefes, to helpe them to rise that are sallen, and to confirme them that stand, that they may the better keepe their standing. And this being my sincere intention, I hope not onlie you, but all others, who shall peruse this booke, will make their profit of it, and interpret it in that good meaning, which the Authour intended. Our Lord [Page 29] IESVS, for whose cause you endure, either ease you of this burden of aduersities, vnder which you grone, or giue you strength to beare it, comfort in bearing, and make mee a follower of your rare examples, an Imitatour of your patience, and partaker of your merits, as you shall euer be of my poore prayers and small labours.

[Page 30]

A Preface. To the Reader.

GEntle Reader, I did not thinke to haue set out this little booke the second tyme, much lesse did I intēd to adde any thing vnto it. And although Widdrington in his New-yeares gifte, hath of late here and there glanced against some words and speeches of myne, where he imagined most aduantage, yet I thought (as I see other learned writers haue done) to haue quite giuen him ouer, and not to haue made the least replye, as not being desirous to contend with such, as are resolued not to yeelde, hauing other businesses to many where with to occupie my self. But the Printer who first tooke this booke in hād, and other friends also īportuning me, to let it come forth againe, and alleadging that the copies of the first Edition were all spent, and yet moe demaunded; I was cōtent volens, nolens, yeelding herein, more to importunitie then to myne owne inclination, to publishe it once more, and vpon this occasion of this new edition, to adde here and there something, either for a more ample [Page 31]explication, or for answer to Widdringtons obiections. I was willing, I confesse, and forward ynough the first tyme to write of this subiect. For although, as by an accident, I was one of the last, who wrote in the defence, of this the chiefe visible Pastours Authoritie now in Englād impugned, so I counted my selfe amongst the least; yet as when an house is set on fire, some carrie water, others ladders, and euerie one repayreth thether to shew at least his good will to extinguish it: So in this Cōbustion in which not onlie Heretiques, but also some of them who make profession of the Catholique name, doe endeuoure to put fire, euen to the secundarie foundation of God his Church to wit, the chiefe vifible Pastours Authoritie; I thought it the part of euerie zealous Catholicke to runne to the extinguishing of this fire, for though all haue not the like dexteritie, yet all may shew the like good will. Which I hauing performed in the former Editiō of this little booke according to my abilitie, I thought to haue surceased, had not importunitie of friendes ouercome mee. And therfore after this, as I meane not to dispute any more of this point with thē, with whōe (as I gather by the repulse which greater men then my selfe haue receaued) there is little hope to preuaile; so I wish all Catholiques, seing [Page 32]that they haue hearde their chiefe visible Pastours sentence, to leaue of all Disputation touching this his Authoritie, and simplie and humblie to obey his commā dement, and consequentlie to acknowledge the sayd Authoritie, to refuse the Oath by him cōdemned, and yet to obey the King our Soueraigne and Liege Lord in all ciuil and temporall causes, to be faithfull to him and his Royall posteritie, and to pray day lie for his maiesties longe and prosperous life, that he may liue lōge to vs, alwayes to God, and so raigne longe in the Kingdome of England, as he may raigne for euer in the Kingdome of heauen.

[Page 33]

The Contents of the Chapters.

BY way of introduction it is shewed, that there be two powers in the Church; the one Ciuill; the other Ecclesiasticall: which are both necessary. Chap. 1.

Some Ciuill povver followeth immediatly from God and nature; Regall povver proceedeth immediatly from the peoples election and Donation; mediatly from Gods ordination; Soe that after the election of the people and reception, the king is superiour, who may Command and bynde in conscience; the people are subiects bound to obey. Chap. 2.

Ecclesiasticall power is also of God, and is distinct from the Ciuill Iurisdiction, which also all members of the Church are bound in conscience to obey. Chap. 3.

These two Iurisdictions and powers. Ecclesiasticall [Page 34]and Ciuill, are compared and conferred: and the preeminence is giuen to the Ecclesiasticall. Chap. 4.

Ecclesiasticall and temporall Peeres and Princes are compared together, and out of the Comparison is gathered, that not only priuat laymen, but euen temporall Princes, though otherwise absolute, are subiect to the Pastours of the Church, and especially to the Supreme visible Pastour, as is prooued by many arguments. Chap. 5.

That Princes, Kings, yea emperours haue no authority to gouerne the Church, or to make Ecclesiasticall lawes, neither are to be accounted heads or Superiours, but subiects of the Church, though protectours and defendours; and therefore are modestly admonished of their duty and office. Chap. 6.

Although the Pope be not direct temporall Lord and Superiour of the world, nor of any part therof, by Christs expresse guift and donation, but only of the patrimony of Sainct Peter giuen him by Constantine the Great, and other Catholicke Princes, and confirmed by the consent of the Christian world: yet by the spirituall power, which Christ gaue him in his predecessour S. Peter. (10.21. he may dispose of temporall things, [Page 35]and euen of kingdomes, for the good of the church, and conseruation of her, and her faith & right, and the manner how, and in what case he can thus dispose of temporalities, is explicated. chap. 7.

By diuers places and examples of the ould and nevv testament, it is prooued that the Pope in some case can, not only by spirituall censure, but also by temporall punishment, and euen by depriuation, chastice Princes, who are rebellious, and doe tyrannically persecute, and molest the church. chap. 8.

By Theologicall arguments, grounded in principles of faith, and the Nature of the church, as it is an absolute common wealth, the same power of the Supreame Pastour is prooued. chap. 9.

The same verity is confirmed by the practise of the Church in punnishing heretickes temporally, with losse of goods, liberty, and liues. chap. 10.

The same power of the Pope ouer Princes, is prooued by authority of Generall Councelles, out of which are gathered, for the same authority, [...]uident and conuincing arguments. chap. 11.

By the facts of the holy and learned Bishops of Rome. especially Gregorie [Page 36]the seauenth, the same power is confirmed, chap. 12.

By the number of Doctours, who haue embraced the opinion, that giueth this power to the Pope, the same doctrine is prooued: betwixt the number, grauity, and authority of which Doctours, and those who stād for VViddringtons opinion, there is no comparison to be made. chap. 13.

By the doctrine and practise of heretikes the same against them is demonstrated; and thence is inferred, that the questiō betwixt vs and them, is not so much, whether the Pope hath any such authority, as whether the Pope, or they haue it. chap. 14.

An explication of the late Oath of pretended Alleageance, and of euery clause therof, deduced out of the former and some other grounds, by which is prooued, that it can neither be proposed, nor taken, without grieuous offence of Almighty God. Chap. 15.

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THE RIGHT AND IVRISDICTION OF THE PRELATE, and the PRINCE.

CHAPTER I.

BY WAY OF INTRODVCTION IT IS shewed that there be two powers in the Church; the one Ciuill; the other Ecclesiasticall: which are both necessarie.

ALMIGHTY God in the first creation of this materiall world, Gen. 1. prouided two great lightes to illuminate, rule, and gouerne it: the one he called luminare maius, the other luminare minus; we commonly call them the Sūne & Moone. And no sooner had he created (as it were) the spirituall world of his Church, but he appointed also two great lightes to gouerne it and direct it to the end prefixed. The one is the Ecclesiasticall power of the Church, residing in her Bishops and Pastours: the other is the Temporall power of the Cōmon wealth, Magistrate, or Prince. Both powers are great in their kind, both of God, both as necessary to humane societie, as the Sūne, and Moone to this world. Gelas. ep. ad [...]mp. Anastas. VVherfore GELASIVS Pope saith: Duo sunt, Imperator Auguste, quibus hic mūdus principaliter regitur: Autoritas [Page 38]sacra Pomificū,Innoc. 3. Cap. Solitae de maior. & obed.& Regalis potestas. Two thinges there are, O noble Emperour, by which this world is principallie gouerned: the sacred Authoritie of Bishops, and Regal power. And Innocentius the Third vsing the former similitude saieth: Ad firmamentum Coeli, hoc est vniuersalis Ecclesiae, fecit Deus duo magna luminaria, id est, duas instituit dignitates, quae sunt Pontificalis Authoritas, & Regalis Potestas. For the Firmamēt of Heauen, that is, of the vniuersal Church, God made two great lights, that is he instituted two Dignities, which are Pentifical Authoritie, and Regal power. But because the world now adaies aboundeth, and as it were swarmeth with those kind of men, whō the Apostle calleth. Animales homines, 1. Cor. 2.quinō sapiunt ea quae sunt spiritus, sensual men, who perceaue not those thinges that are of the spirit of God, and therfore preferre the body before the soule, this present life before the future, time, in which they are to liue but for a time, before eternitie, in which they are to liue eternally, and consequently esteeme more of state, then of Religion, of the Common wealth, then the Church, and of the Temporall power of Princes, then of the spirituall authoritie of Pastours: I will by cleare and euident arguments so establish both, that I will also sincerely deliuer which of them hath the preeminence, and precedence. For they who seeke to depriue vs of either of these powers, do as if they would take from the world the Sunne or the Moone, as though both were not necessary; and they who do so admire the Temporall [Page 39]power and dignitie, that they debase, and misprise the spirituall (though that indeede ruleth only the night of Tēporall affaires, this the day of the spirituall state) are like vnto Owles, who are so pleased with the Moone light, that they could be contented there were no Sunne at all.

CHAPTER II.

Some Ciuill power floweth immediatly frō God and nature; Regali power proceedeth immediatly from the peoples election and donatiō, mediatly from Gods ordination; so that after the election of the people and reception, the King is superiour, who may command and binde in conscience; the people are subiects and bound to obey.

1. MAn by a naturall propension, which God and Nature hath ingraffed in him, desireth to consorte in companie, and is prone to friēdship, fellowship, and societie. And therfore Aristo [...]le saieth that. Arist. l. 1 Polit. ca. 2. Ciuitas est ex his quae natura sum: The citie is one of those things, which haue their source from nature, and that homo natura ciuile est animal: Man by nature is a ciuill liuinge creature. And he addeth: Ibidem. Qui absque ciuitate est, per naturam, non per fortunam, aut nequam est, aut potior quam homo. He that liueth out of the citie induced therto by inclination of nature, not by fortu [...]e, is either wicked, orb [...]tter then man. Ibidem. Yea (saith he) Qui in cōmum societate nequi [...] esse, quique nullim indiget propter sufficientiam, nulla pars est [...]iuitatis; quare aut Bestia, aut Deus. He that can not liue in common societie, and needeth no mans h [...]lp, by [Page 40]reason that he is sufficient of him selfe, is no part of the Citie, VVherfore he is either a beast, or a God. And thence he concludeth that. Homo est sociale animal, magis quàm Apes, & quàm omne gregariū animal. Man is a liuing creature more sociable thē bees, or any consorting liuing creature. And we see by experience how all reasonable and liuing Creatures desire societie. The Angelles, although they haue no familiar conuersation with mē, as being aboue the rāke of men, & needing no humane helpe; yet they haue Hierarchies and Orders, rule, and gouernment amongst them selues, and the superiour illuminateth the inferiour, and all of them speake, and confer with one another; and in this māner they liue together, which argueth a societie [...] and though they conuerse not visibly and familiarly With vs, yet for the charitie they beare vnto vs, and for the neede we haue of thē, some of them are our ordinary Guardians, others are extraordinary Embassadours sent on diuine messages vnto vs, and all of them assist vs immediately or mediately, and therefore are called Administratorij Spiritus, Ministring Spirits. Brute beasts, and liuing creatures deuoid of reason liue also in some societie. For Pigeons of one Douecote, beasts of one heard, bees of one hyue, Connies of one warren, fishes of one finne, birds of one feather, do willinglie flock together: but this their liuing together, though it hath a similitude of societie, because likenes of [Page 41]nature assembles them together; yet it is not properlie societie, they hauing neither speech, nor any conceit of iustice, commoditie, or discommoditie, which yet, Arist. supra. as Aristotle affirmeth, are necessarie to true societie; only man is truly sociable, because he is propense, and prone to cōpanie, for the loue of iustice, friendship▪ and conseruation of him selfe.

2. And because God and Nature do nothing in vaine, but all is for some end, and proiect; as they haue inclined mē to societie: so haue they therby intended some good & profitt to men, which they are to reape. For if it Were not for some end, their inclination to societie should be in vaine; if not for some good, but euill, God & Nature should haue ordayned them to their hurt, which cānot piously be thought of either of them.

3. Wherfore men are ordained vnto societie for two kind of commodities they reape therby. The first is solace, pleasure, and delight: for he that is alone, hath no vse of that facultie, which is proper vnto him, to wit, of speaking, and so wanteth the pleasure which is taken in talking and discoursing, and imparting conceites to one another, and he cannot contract friendship, which requireth familiaritie, and so hath none to whome he may open him selfe, impart his secrets, communicare his ioyes and griefes, which yet S. S. Ambro. lib. 3. de offic. cap. vit. AMBROSE calleth solatium huius vitae, the solace of this life, and that very pertinenrlie. For as Cicero [Page 42]saieth; Cic. l. de Amicitia. Quid dulcius &c. VVhat more pleasant then to haue one, with whom thou mayst dare to speake as with thy selfe? what great fruite and profit would be reaped by prosperitie, vnles thou hadst a freind, who might reioice in it as thou thy selfe? and hard it would be to beare aduersities without him, who would take them more grieuouslie, then thou thy selfe. Secondlie, men are inclined to societie for profit and commoditie; for he that liues alone, must needs liue in some want: If he be ignorant, he hath none to reach him; if he be perplexe, he hath none to counsell him; if he be sicke, he hath none to cure him, if he be poore, he hath none to relieue him; if he be assaulted, he hath none to defend him; if he fall, he hath none to helpe him vp. Eccl. c 4. And therefore Ecclesiastes telleth vs that, melius est duos esse simul quam vnum &c. It is better that two be together, then one; for they haue profit of their Societie: if one fall, he shal be stayed vp of the other. VVoe to him that is alone: because when he falleth he hath none to lift him vp. And if two sleepe together, they shal warme eche other: one how shal he bee warmed?

4. And seing that men assembled cannot gouerne them selues, vnlesse some commād, some obey, some direct, some be directed: it followeth, that this societie hath power to gouerne it selfe, and that this power is also of God. For as God hath inclined vs to societie, and so is the Authour of all lawfull societies; so hath he giuen to them power to gouerne them selues, which power is [Page 43]called Potestas ciuilis, or temporalis, Ciuil or temporall power, else in vaine had he inclined vs to liue in societie. And therfore as God and Nature, in that they giue vs being, do giue vs also power to defend our selues, to repell force by force, & vim vi repellere; so God and Nature being the Authours of societie, do giue societies power to rule, conserue, and defend them selfes, else in vaine had they authorized them. And as this world could not consist, vnles God the moderatour by naturall inclinations did vnite the partes together, neither could man conserue him self, Prou. 11. D. Thom. Opus. 20. de Regimine princ. c. 1. & insinuat 1. 2 q 90. art. 3. ad 2. qu. 97. a. 3. ad 3. Vict. Rolec. de potest. ciuil. Suar. l. 3. de leg. c. 1. Sotus l. 1. de lust. q. 1. a 3. Bellarm. to. 1. l. 3. ca. 9. if he had not in him self a soule to command one member to help another, and especiallie authoritie to defend the whole; so if in societies there were not some power to rule, and direct the good of euery particular to the common, but euerie one should rule him self, and neglect the common good of the societie, there would be but confusion, and confusion would bring dissolution: because as the wise man saieth: vbi non est gnbernator, populus corruet: where there is no Gouernour, the people shal fall.

5. This power, as Saint Tho. Franciscus a Victoria, Bellarm. Suarez, Couarruuias, Sotus, and commonlie other Diuines affirme, resideth first in the communitie. For seing that Nature made all equall, and that there is no more reason why this power should be in one, then another, it followeth that it [Page 44]is first in the Communitie. I deny not but that in respect of imperfect societies, to wit, families, the good man of the house, by law of Nature is superiour, and that at first, all power was in the head of euery famelie; but when families increasing, men met together in Cities and Common wealthes, then none in particular had authoritie to gouerne that new communitie, and so the power was resident in the communitie. Some perchance might imagin that this power in the beginning of the world was in ADAM the first Parent of mankind: but although he was head of his familie, and so had the power called Oeconomica, yet had he no power of gouerning a Citie or Common wealth by creation; and therfore S. AVGVSTIN well obserueth that after God had said, Aug. lib. 19. de Ciuit. cap. 15. faciamus hominem ad Imaginem & similitudinem nostram; let vs make man to our Image and similitude; he added not: & praesit hominibus; and let him beare rule ouer men, Gen. 1. but let him haue superioritie ouer the fishes of the sea, the fowles of the ayre, and beasts of the earth. And so God at the first made no one man in particular Gouernour of Cities; and such great societies, and consequently this tēporall power of gouerning was not residing in any one particular man, but only in the whole communitie.

6. But although no societies can lawfully meet, but that there must be in them a ciuill power to gouerne them, as is shewed: [Page 45]yet the particular manner of gouerning dependeth also of the determination, choise, and election of the Communitie. For as Plato and Aristotle affirme, Plato dial. do Regno. & l. d [...] R [...]p. Arist. l. 3. Pol. ca. 5. there are three parttcular Kinds of gouernment: The first is called Monarchia, when one as King and Monarch gouerneth. The second is called Aristocratia, when diuers, but few, and those of the better sort, equall in Authoritie, do rule; The third is called Democratia, when many, and those of the Common people rule. The first gouernmēt of it selfe is best, because it is easier to finde one good and wise man, then few, much more hard to find many; and it is easier for many to obey one, then many; for to obey many, there are two difficulties; the one in those that obey, and that difficultie is also found in a Monarchie; the second in the commanders, and this is lesse in a Monarchie, then in other gouernments, because one can better agree then many, and so when one commandeth, it is easier for the subiects to agree in one, then when many command. Vide Bellar. li. 1. de Sum. Pont. c. 2 And hence it is that Tyrannie which is opposit to Monarchie, is not so bad as Faction opposed to Aristocratie, nor Faction of a few so bad, as Sedition of the people opposite to Democratie.

7. Now therefore, as the Communitie (as is before declared) hath power to gouerne it selfe; so hath it power to choose that gouernment which it liketh best, whether it [Page 46]be one of the former three simple gouernments, or some other mixt of two, or of all three of them. And if the Communitie chooseth Magistrates, who shall depend of the whole Communitie, then the Communitie is the chiefe gouernour, the Magistrates are but officers and ministers, and so may be deposed by the people, some times at pleasure, some tymes only vpon some vrgent occasion; and alwayes when the chiefe Magistrate dyeth, his heyres succeed not necessarily, but only they, whom the people make choise of. This gouernment was amongest the Romanes, when they were gouerned by Plebiscita, and Senatours; and is this day to be seene in the Common VVealth of the Venetians, the Geneuians, and those of Genua. If the Communitie make choise of a King, then the Communitie despoileth it self of Authoritie, and becometh a subiect, and as it were a priuate person, and giueth all power and Authoritie to the King to gouerne, not principallie for his owne priuate, but for the common good of the whole Kingdome. And hence it is that the Common wealth cannot depose a King, as it may a Magistrate, vnles it be in case of intollerable Tyrannie.

8. Hence appeareth a great difference betwixt the afore said power of the Communitie, and the Regall power of the King, because the former power of the Communitie [Page 47]followeth of necessitie the lawfull meeting of many in one societie, in so much that it is not in the peoples power to meet with intention to liue together, and not to haue that power; and so this power dependeth not of any election: but that the King, or Peeres, or the Magistrate rule, and gouerne, depended at the first of the election, and free choise of the people, in whose power it was to choose one or many to gouerne the rest, and so Kinglie power is in deede of God, but by meanes of election. It is of God, because it proceeded from the Communities power, which is of God and Nature, necessarilie following the naturall inclination, which God hath imprinted in vs to liue in societie; and yet it is in the King by free election, because though the Communitie haue authoritie from God and Nature to rule it self, yet that this power is giuen to the determinate person of the King, dependeth of the peoples election.

9. Now some thinke that supposing the peoples election▪ God immediatelie giueth the power. VVid. in Apolog. Rosp. nu. 163. pag. 128. This is the opinion of WIDDRINGRON in his Apologetical Answere for the right of Princes, where he affirmeth that. Quicunque in supremum Reipublicae superiorem legitimè deputatur &c. VVhosoeuer is lawfully deputed as soueraigne Superiour of the common VVealth, although he receaue that dedeputation or Title of power by the free consent of [Page 48]of men, yet the totall power of ruling God onlie giueth vnto him by the law of Nature. But VViddringron should haue marked, that the people and Cōmunitie, from which lawfullie assembled necessarilie floweth (as aboue we haue seene) a power to gouerne it selfe, and to appoint gouernours, not onlie designeth the person of the King, but also trāsferreth her authoritie frō her selfe to the King, and becometh herselfe a subiect, and as it were a priuat person. So that the Cōmunitie not onlie designeth the person of the King; but also despoiling het selfe of the power she had from God and Nature, giueth it vnto the person chosen and designed by her for King. D. The. 2.2. qu. 10. a. 10. And thersore S. Thom. sayth that Dominion and prelacie (Ciuill) are brought in by humane lawe.

10. VVhorein may be seene a manifest difference also betwixt the Pope and the King. For the Cardinalles, When they choose one of their companie to be Pope, designe onlie his person (as Caietan well obserueth) but Christ only, Caiet. in opusc. de Pont [...] and not the Cardinalles, after this deputation of his person, giueth the power and iurisdiction, it being supernatural, as not only the end, to which it is ordayned, but also the Actes and functions of this iurisdiction doe manifestlie declare; and therfore seing that a supernaturall Iurisdiction surpasseth the actiuitie of the Cardinalles, they being but morall Agents, and vsing no sacrament in the election and creation of the Pope, he [Page 49]being ordinarilie Priest and Bishop before, this Autoritie must be attributed only to God as the Authour: but the Kings authority is naturall, and morall, ordayned only of it self to natural functions, and to a natural end, which is temporall peace and felicitie, and so it not exceeding the Actiuitie of the people, or Communities power, may, and is giuen by the people, and consequentlie not only the deputation of the Kinges person, but also his Regall Authoritie proceedeth immediately from the people.

11. VVhence also may be gathered a difference betwixt the Authoritie, which was in the Communitie before it made choise of a King, and the Authoritie of a King, for that Authoritie of the Communitie, is immediately of God & Nature proceeding necessarilie from a Communitie lawfullie assembled, in somuch that it is not in the power of the Communitie to be without this power, vnles it giue it to one, or many gouernours; but the Authoritie of the King doth not necessarilie flowe from this Communitie, because it is in the free choise of the Communitie to make election of that gouernment in particular, which it shall thinke best; and so if it make election of a Monarchical gouernment, and consequentlie of the King, the King is to thanke the Communitie, not only for the deputation of his person, but also for his Regal [Page 50]Authoritie, which being a naturall power, and being before contained eminenter, or virtualiter, eminentlie or virtuallie, in the Communities power (because) as I haue saied (the Communitie at first had authoritie to choose which gouernement in particuler it thought most conuenient) is not to be ascribed immediatly to God, D. Tho. 1.2. qu. 90. a. 3 [...] and. qu. 105. a. 1 ad 1. a second cause being found out sufficient to produce such an effect. And so the Kings authoritie in particuler, and taken determinatlie, is not immediately of God, or Nature, but cometh to him by meantes, not only of the peoples designation, but also of the peoples gift and donation. D. Th. 1.2. q. 105 ar. 1. ad 1. and 2.2 q. 10. art. 10. Caieta. ib. Bellarm, to. 1. lib. 3. cap. 9. Suarez l. 3. de leg c. 4. Almai. li. de potest eccl, cap. 1. Prou. 8. Rom. 13. And this opinion is holden by the best Diuines both aunciēt and moderne.

But this not withstanding, it is most true, which God saith. Per me Reges regnant, Kings raigne by me. To which his Apostle subscribeth sayeing: Non est potestas nisi à Deo; itaque qui potestati resistit, Dei ordinationi resistit: There is no power but of God; therfore he that resisteth the power, restisteth the ordinance of God: because Kinges authoritie proceedeth mediatelie from God, to wit, by meanes of the authoritie of the Communitie, which proceedeth immediatelie from God and Nature: and it is also Gods prouidence that Kinges raigne ouer vs, and God as the first cause cooperateth to their election and creation, and approoueth also the same. But yet for all this the [Page 51]people is a second cause of Kinges authoritie.

13. If any obiect that Saul and Dauid were immediately created by God Kinges of the Iewes: I answere, that God in this preuented the people for the peoples good, for otherwise the Iewes by lawe of Nature, had authority to choose and create them selues a King as is already prooued. Neither doth it hence follow, that the people is aboue the King, or is not bound to obey the King, or can depose the King at their pleasure, for although the people at the first created the King: yet they created him not as a simple Magistrate, or officer, but as an Absolute Prince, and they dispoiled them selues of authoritie, to giue it to the King, as to one that can better rule, then the confused multitude, and became (as it were) [...] priuate personne, subiect, not superiour [...]o to King; and so the Kinges power now [...] so long at least as he is not an intolle [...]able Tyrant) is not depending of the people; [...]nd no meruaile; because many effectes, which depend of their causes in fieri, and in [...]heir first production, depend not of them [...]n facto esse, and conseruation; So the Sonne [...]ueth after his Father, and fruite may be extant after the tree is consumed; and we giue many thinges franckly and freelie, which afterwards we can not at our pleasure [...]ake away. VVherfore as a freeman selleth [...]im self freely, but after the sale is so bound, [Page 52]to his Maister, that he can not free him self at his pleasure, but remaineth, will he, nill he, a subiect, and bondman, who before was a freeman; so the people before the election of their King, is free & superiour, but after is a bounden subiect and inferiour, though by a Ciuil, not despoticall subiectiō, And so supposing this election, the people is bound in conscience to obey their King as superiour, and cannot now depose him, vnles it be in case of intollerable Tyrannie, (for then the common opinion holdeth, D. Thom. Opus. 20. de Regi. Princ. cap. 1. Sotus l. 4 de Iust. & Iure q. 1. a. 3. & q. 4. a. 1. Rom. 13. that the Authoritie, which the people had in the beginning to create him, returneth againe by deuolution to depose him) but must obey him in lawfull thinges, though he be difficile, and gouerne not altogether as he should doe, according to that: Omnis anima potestatibus sublimioribus subdita sit: let euerie soule be subiect to higher powers, and againe: Itaque qui potestati resistit, Dei ordinationi resistit: therfore he that resisteth the power, resisteth Gods ordinance. And againe: Ideo (que) necessitate subditi estote. VVhich in Greeke is; [...], ideo necessit as est subijci: Therfore be subiect of necessitie, and yet againe: Subiecti estote omni humanae creaturae propter Deum, 1. Pet. 2.siue Regi, quasi praecellēti &c. Be subiect therfore to euerie humane creature for God, whether it be to the King, as excelling &c. And as in the same chapter Saint PETER commandeth seruants to be subiect in all feare to their Maisters, not only to the good and modest, but also to the waiward; so the [Page 53]people is bound to obey Kings, Vide Lessium li. 2 dei [...]st & iure, c. 9. dub. 4. though Waiward, and difficile, yea though they be Tyrantes, so that their first entrance be lawfull and they not deposed; yea though their entrance were by vnlawfull Inuasion, so that the people generallie did afterwards consent and accept of them as their Princes and superiours; for to a superiour, whilest he remaineth superiout, and commandeth lawfull thinges obedience is due; otherwise be he neuer so lawful, if he command things vnlawfull, we must obey God before men, Act. 5. and the King before the Viceroy.

14. But against that which I haue saied of the creation of Kinges by the peoples election, some may obiect, that nowadaies in all Europe, almost all Kinges are made by succession, as are the Kings of Spaine, France, [...]nd England. To this I answere, that though this be so, yet the source and origin of this is also the peoples election. For at the first [...]excepting those Kinges, which extraordi [...]arilie were giuē immediately from God to the Iewes) the people chose or approued [...]he King, but perceauing what difficultie and daunger also of tumults and sedition would ensue, if after the death of their King, they should be to seeke, and stand vpon election of another, they were con [...]ent that the lawfull heires of the first King [...]hosen, should succeed to his father without newe election, although when the [...]ewe King is crowned, the peoples consent [Page 54]is demanded, and the King is sworne vnto them; And in Spaine the Archbishop of Toledo receaueth the Kinges oath in the name of the Church and people; In France the Archbishop of Rhemes, In England the Archbishop of Canterburie; and so all Regall power, though not immediatelie, yet originallie cometh from the peoples election and donation.

15. And therfore wee see that the Kinges power in diuers countries is diuersly limited, as in France and England, where many of the Kinges lawes are not taken to be of force, vnles the Parlament of states concurre to the making or confirming of them, which limitation VViddrington ascribeth to the King, In Resp. Apol n. 174. pa. 137. as though he did voluntarilie thus limit him self: But who seeth not how vnlikely it is that Kinges should thus restraine their owne power, and tye their owne hands? And if this limitation proceeded from the King, he might at his pleasure also take it away; which were to giue Princes too much scope and libertie. VVherfore as the people gaue the King his authoritie; so it was the people that thus limited and restrained him for their owne preseruation: for to the same Authoritie that giueth power, it pertaineth to restraine it.

16. Hauing thus prooued that the King or Prince hath Authoritie from God as Authour of Nature (yet by meanes of the peoples election and graunt) to gouerne the [Page 55]Kingdome or Common wealth; it followeth that he hath Authoritie, not only to command priuarelie, or particulerlie, as the Goodman of the house may command his wife, children, or seruantes, but also to make lawes, which shall binde the whole Communitie, or Common wealth, otherwise if he should command, and the people might disobey, he could not rule, nor direct the people, and so should not haue sufficient Authoritie.

17. By which may appeare how absurd the opinion of our Reformers is, Luth l. de capt. Bab. Calu. l. 3 Inst. c. 19. n. 14 & l. 4. c. 10. and how iniurious to Princes, yea and to God, that appointeth them, who blush not to say and auouch that all Christians (that is Caluinists) indewed with faith, are so freed by Christ from all lawes, and humane power, that they can not bynde them in cōscience.

18. Certes Luther in his booke of Babylonical Captiuitie, and Caluin in his Institutiōs make it a part of the office of a Redeemer, in Christ, to haue so freed vs from all humane Authoritie and lawes, that they can not bynde vs in conscience. And the Anabaptists and Trinitarians, who an. 155 [...]. at Alba-Iulia sett forth certaine Antitheses of the true and false Christ, in their seuenth Antithesis affirme, that falsus Christus habet in suâ Ecclesiâ Reges, Principes, Magistratus, gladios; at verus Christus nihil tale in Ecclesiâ pati potest. The false Christ hath in his Church Kinges, Princes, Magistrates swordes; but the true Christ can abide no such thing in his Church. [Page 56]But this opinion may be euidentlie conuinced by that which is sayd; for if Princes haue power from God and Nature to rule, they haue power to make lawes; and if they can make lawes, they can bynd in conscience, els their lawes were strawes, and to little purpose, especiallie when the subiect can auoid by slight the penaltie of the lawe. VVherfore Saint Paul commands vs to be subiect to all lawfull humane Authoritie non tantum propter iram, sed etiam propter conscientiam: not only for wrath, but also for conscience sake. Rom. 13. And he addeth that he that resisteth this power which is of God, Dei ordinationi resistit; qui autem resistunt, ipsi sibi damnationem acquirunt: resisteth the ordinance of God; and they that resiste, purchase to them selues damnation: which argueth an obligation in conscience. Againe the same Apostle commandeth Titus to admonish Christians to be subiect to Princes and Potesta [...]es: Ad Tit. 3. 1. Pot. 2. Saint Peter commandeth them to be subiect to euerie humane creature for God, whether it be King as excelling &c. and he giues the reason saying: for so is the will of God. By which it is manifest that we are boūd vnder sinne, & vnder God his displeasure, to honour and obey Kinges, and Princes, and consequentlie that we are bound in conscience.

19. Let not then our Reformers traduce Catholickes as enemies to Princely Authoritie, and Idolators of the Popes power; for we acknowledge and reuerence them both [Page 57]highlie in their kind: but let the Reformers looke to them selues, Plautus. because qui alterum incusat probri, ipsum se intueri oportet: he that accuseth another, must looke that he him selfe be free. Ioseph. l. 18. Ant. c. 2. Aug. l. 3. côt. Cros. c. 15. Exira de haeret. c. 4 Anton. 4. p. tit. 11. ca. 7. § 9. Luth. l. de saecul. petest. Trinita. aij supra. Buchan. li. de iure Regni. Goodmā l. de obedien. pag. 203. Beza ep. 78. ad Buchanan. Luth. supra. Caluin l. 4. Inst. c. 19 §. 14. Exod. 12. VVee Catholickes say not with Iudas Galilaeus. That no Prince is to be obeyed; nor with Cresconius, That the Magistrate ought not to punishe; nor with the Beguards. That the perfect are not bound to obey lawes; nor with VVickleph, That the Prince by mortall sinne looseth his Authoritie; nor with Luther, That the Turke is decies probior; prudentiorque nostris principibus, ten times honester and wiser then our Princes; nor with the aforesaid Trinitarians, Anabaptists, and Libertines, That the true Christ suffreth no Princes, nor Magistrates in his Church; nor with Buchanan, That the people onlie is to make lawes, Reges sunt veluti Tabulaeriorum custodes; nor with Goodman, That women cannot raigne, and that therfore Wiat rising against Queene Marie, was no Traitour; nor with Beza doe we call that lawfull and worthy Queene Marie, the Mother of our soue [...]aine King Iames, Medaea, and Athalia, as though (as he saith) Nullum illius sceleribus nomen idoneum inueniri posset: no name answerable to her wickednesses could be found out; Nor with Luther and Caluin, that Princes lawes bynd not the faithfull in conscience: But wee say and beleeue with scripture; Thow shalt not detract from the Gods (that is, Princes, who are called Gods by [Page 58]participation) nor speake euill of the Prince of thy people. Prou. 8. Mat. 22. VVe confesse that by God Princes raigne: we command to giue to Caesar, what is due to Caesar: we allowe of S. IGNATIVS counsell: Caesari subiecti estote in ijs, Ign. epi. ad Antioch.in quibus nullum animae periculum. Bee you subiect to Caesar in those thinges, in which is no daunger of the soule: we are taught to giue to Magistrates (as S. Eus l. 4. hist. c. 14 POLICARP sayd) and Potestates appointed by God, that honour, which is not preiudiciall to our soules, or Religiō. we worship (as TERTVLLIAN sayeth) the Emperour, Lib. aduersus Scap. cap. 2. (the King) sic quomodo & nobis licet, & ipsi expedit; vt hominem à Deo secundum, & solo Deo minorem: so as it is lawfull for vs and expedient for him, as a man second (in Temporall Authoritie) to God, and only lesser then God. For whilst the King keepeth within his bounds, he hath no superiour in temporall matters, but God. And this is the honourable conceit which Catholikes haue of their Kinges and Princes.

CHAPTER III.

Ecclesiasticall power is of God, and distinct from the Ciuil Iurisdiction, which also all members of the Church are bound in conscience to obey.

1. HAuing giuē to Caesar and the Kingdome, what is due to thē; It followeth [Page 59]that I giue to Christ and his Vicaire, yea and Church also, what belongeth to them. I haue prooued in the former chapter that Ciuill power is of God and Nature, because it is necessarilie annexed to all lawfull societies, to which God and Nature do incline vs: And seing that the end of all lawfull societies is not only temporall felicitie, but also the seruice and worship of God, (for we are not only created to speculate the starres, as Anaxagoras imagined; but also to knowe the Creatour of all, and to adore him) I will go a step further, and will not feare to auerre, that not only Ciuill Authoritie, but also some Religion and worship of God proceedeth from the Inclination and propension of Nature.

2. Certes we are led hy the light of reason to the knowledge of a Godhead and Diuinitie. For who is hee that looking vpon this admirable peece of worke, which we call the world, thinkes not by and by of a God that created it? If as S. Orat. de Theol. GREGORIE Nazianzen sayth: Qui Citharam contemplatur, tametsi Citharaedum non videat, nihilominus affirmaret accuratâ mentis intelligentiâ mysticum instrumentum illud fuisse concinnatum, who so behouldeth an harpe, although he se not the harper, will yet affirme that that mystical instrument was made and tuned by an exquisite vnderstanding of the minde? If as Cicero sayth, he that had seene Archimedes spheare, which imitated the Celestial globes, and represented all their diuers motions, [Page 60]could not but thinke of some cunning and and ingenious Mathematician or Astrologer that composed or deuised it: How can man essentiallie reasonable, be so deuoyd of reason, as to thinke that the whole spheare, and globe of the world, in which he seeth so great order in so great varietie of thinges, was composed and effected by chance, or of it self appeared in such goodlie order, and not of one, who is aboue the ranke of Creatures, which is God? Wherfore all Fathers and Diuines affirme that by the light of Nature, euery one, that will not wilfullie be blind, (as Diagoras and Protagoras surnamed [...] were) may discouer a Godhead. S. Orat. 2. de Theol. quae est 34. GREGORIE Nazianzen expressely affirmeth, that not only the lawe of Nature, but also euen our eyes do bring vs to the knowledge of God. VVhich point the wise man touchinge sayeth: Sap. 13. A magnitudine enim speciei & creaturae cognoscibiliter poterat Creator omnium videri: For by the greatnes of the beautie, and of the creature, the Creatour of them may be seen to bee known therby. Rom. 1. To whom also S. PAVL subscribeth in these wordes: Inuisibilia enim ipsius à creatura mundi, per ea, quae facta sunt, intellecta conspiciuntur, &c. For his inuisible things, from the creation of the world are seen, being vnderstood by those thinges that are made, &c.

3. And if by naturall reason we may discouer a Godhead; the same reason will teach vs, that a Religion is necessarie, by which this Godhead should be worshipped. [Page 61]VVhence it is that Lactantius sayth: Lib. 7. de diu. Inst. cap. 6. Idcirco mundus factus est, vt nascamur; ideo nascimur, vt cognoscamus factorem mundi ac nostri, Deum: Ideo agnoscimus, vt colamus; ideo colimus, vt Immortalitatem pro mercede laborum capiamus: Therefore the world was made, that wee might be borne; therfore wee are borne, that wee may acknowledge the maker of the world, and of our selues, God: therfore wee acknowledge him, that wee may worship him: therfore wee worship him, that we may receaue a reward for our labours. And certes there is such a necessarie connexion betwixt God and Religion, supposing that there be any creature, that can worship him (as only men and Angels can) that if you graūt a God, you must needes graūt that he is to be worshipped. For by God we vnderstand the most noble and excellent thing that is, and Which by creation hath a greater superioritie ouer vs, then our Parentes haue by generation: and seing that honour and worship is due to excellencie and superioritie, supreame honour, which is Religion, must needes be due to God, who hath supreme excellencie and superioritie. And it is so deepely imprinted in vs, that there is a God, and that he is to be worshipped, that as Cicero sayeth: Nulla gens est tam fera, Cicero de nat. Deor.nulla tam immanis, cuius mentem non imbuerit Deorum colendorum opinio: No nation so barbarous, none so fierce and cruell,Plut aduersus Coloton.whose minde hath not been imbued with an opinion of the Gods, and that worship is due vnto them, VVhereto Plutarch addeth, That you [Page 62]shall sooner finde Cities without walles, Iawes, letters, coynes, then without Temples, and worship of God, or Gods. Yea sayth Cicero: Orat. 5. in Verrē.Omnes Religione mouentur, & Deos Patrios, quos àmaioribus acceperunt, colendos sibi diligenter, & retinendos arbitr antur. All are moued with Religion, and do thinke that they must worship and keepe diligentlie their Countrie Gods, whom they haue receaued from their Ancestours. And although many haue missed in the right God, whom they should haue worshipped, yet therby they shewed their naturall inclination to Religion; because from the Instinct they had from Nature to the worship of the true God by true Religion, proceeded their manifould superstitions and Idolatries, to which they would neuer haue beene so obstinatelie addicted, had they not imagined in them true worship and true Religion.

4. Wherfore as by the naturall Inclination, that men haue to liue in societie, I haue prooued in the former chapter, that there is a Ciuill power, by which they may gouerne them selues in societie; so by the naturall inclination, by which men are no lesse prone to honour and worship a Godhead, I may prooue that there is a kind of Ecclesiasticall power, which is de Iure Naturae, by which they might gouerne them selues in matters pertaining to Gods worship, prescribe Ceremonies, and the manner how God should be honoured; else God and Nature in vaine had inclined men to [Page 63]honour God in societie. And so although God had left vs to Nature, and had not ordained vs to Grace or Glorie; yet in all lawfull societies, there had beene two Powers, the one Ciuill, Vide Victoria. Relect. de potest. Eccles. which should haue prescribed lawes tending to Motall Iustice, and conseruation of the people in their temporall states; The other Ecclesiasticall, prescribing lawes and Ceremonies for the worship of God. And in this case these Powers had beene distinguished in respect of their diuers actes and endes, and should most commodiouslie haue beene committed to diuers persons, or Magistrates and Priests; but then the Ecclesiasticall power had not had the power to exercise any supernaturall Actes, being not ordained in that case to a supernaturall end, and proceeding only from Nature and naturall inclination, as is declared.

But if we dispute not of that which might haue beene, but that which is; then we must confesse that all Ecclesiasticall Power, which is now vnder the lawe of Christ, and was heretofore vnder the law of Moyses, proceedeth from God his positiue ordinance, Institution, and constitution. For as God preuented the Iewes, and whereas they by lawe of Nature had permission to choose their Kinges, yet for their greater good, he chose thē one him selue immediatelie: so although by the lawe of Nature, men otherwise might haue prescribed [Page 64]the manner of worshipping God, and the worship had been lawfull, so that it had been the worship of the true God, and had been free from superstition; yet because God hath ordained vs to a supernaturall end, and would haue our Ecclesiasticall gouernment free from all superstition, he hath himselfe appointed the manner of gouernment, and hath giuen the Authoritie. So in the lawe of Moyses he chose the Tribe of LEVI to serue in the Tabernacle and Temple, and to menage Ecclesiasticall matters; he instituted also sacrifices, sacramentes, and Ceremonies: in like sort in the new lawe of Grace (vnder which we liue) he committed the gouernment of his Church to the Apostles and Disciples only, and their successours; he instituted seuen Sacramentes, and a sacrifice; he gaue vs a lawe and beleefe, which first he deliuered by preaching, then by the written Ghospelles, and Epistles of his Apostles; and other thinges he committed to the Church, which he had instituted and established.

5. So that as there is a Ciuill and Temporall Power residing in the Common wealth, by which the Prince or Magistrate can gouerne and rule, and cōmaund for the conseruation and promotion of the Temporall good of the same: so is there a spirituall and Ecclesiasticall Power residing in the Church, by which the Pastours haue Authoritie to preach, teach, administer Sacraments, [Page 65]determine of matters of Religion, to call Councelles for the better clearing of matters, and enacte lawes which shall be thought expedient vnto the honour of God, the spirituall good of the Church, and euerie ones saluation. And this is called Ecclesiasticall power, which is distinct from the Temporall in many pointes.

6. First in respect of the end and finall cause: for Temporall power of it selfe aymeth only at Temporali Iustice, peace, and conseruation of the Temporall state of the Kingdome or Common wealth; Ecclesiasticall power intendeth in this life the spirituall health of the soule, and eternall rest and peace in the next. Secondlie these powers haue diuers Actes, and seing that powers are distinct by their Actes, it followeth that Temporall, and Ecclesiasticall or spirituall power are distinct. That they haue distinct Actes, it is manifest: for the Temporall power maketh lawes for this corporall life, and Temporalle state; but the spirituall and Ecclesiasticall power maketh lawes for the soule, and her direction: the Temporall power remitteth the paines only of sinnes; but the spirituall Power, remitteth the sinne it self, according to that: Ioan. 20 Quorum remiseritis peccata, &c. VVhose sinnes you shall forgiue &c. The Temporall power inflicteth and remitteth only Ciuill and Temporall punishments, as imprisonment, banishment, temporall death; but the spirituall power, [Page 66]as now it is, (for in the old law there was not Potestas Clauium) excommunicateth, suspendeth, interdicteth, which are spiritual punishments and bonds of the soule, and remitteth not only these paines, but also eternall death and paine of Hell; for when the Priest remitteth mortall sinnes, he chaūgeth eternall paine into temporall; yea some times, when the Penitent cometh with a great contrition, he remitteth both Eternall and Temporall. Thirdly they differ in their obiectes; for the spirituall power disposeth not of Temporall thinges, but only as they are necessary to the spirituall; The Temporall meddleth not with spirituall, nor Ecclesiasticall matters, according to that of S. AMBROSE: S. Ambr. lib. 5. ep. 33. ad Marcel. soror. Ad Impetatorem Palatia pertinent, ad sacerdotem Ecclesiae, Publicorum tibi maenium ius commissum est, non sacrorum: To the Emperour Pallaces appertaine, to the Priest Churches: to thee (Emperour) the right of common Walles is committed, not of Churches. And NICHOLAS Pope in an Epistle to MICHAEL the Emperour. Ca. Cum ad verū, dist. 96. Vide etiā ca. Quoniam, d. 10. Nec Imperator iura Pontificum arripuit, nec Pontifex nomen Imperatoris vsurpauit; quoniam Christus sic actibus propriis & dignitatibus distinctis officia potestatis vtriusque discreuit. Neither hath the Emperour taken to him the rights of Bishops, neither hath the Bishop vsurped the name of the Emperour; because Christ hath distinguished the offices of both by their distinct actes and dignities. Fourthlie they differ in respect of the subiect and materiall cause; for although it be not impossible [Page 67]for these two Powers to consort in the same subiect (for we see they did in Melchisedech, and in the first begotten of the Iewes in the law of Nature, and in the Machabees, who were Priests and Princes, and consequentlie had temporall, and spirituall power) yet as in other thinges these powers are distinct, so God, not only in the law of Grace, but also in the law written of Moyses would haue these powers placed in distinct subiectes and Persons. 2. Paral [...] 19. For in the law of Moyses AMARIAS menaged matters of the Church & law; ZABADIAS gouerned the affaires of the Kingdome: the Kinges and Princes of the Iewes were of the Tribe of IVDA, the Priests of the Tribe of LEVI; and those gouerned onely the Common VVealth, enacted Temporall lawes, waged battaile &c. whereas the Priests ruled it matters of the Tabernacle and Temple, offered sacrifice, and gouerned the Synagogue: And now in the law of Grace Christ gaue all spirituall power to the Apostles and their successours, and not to Princes; for to the Apostles, and their successours it was saied: VVhatsoeuer you shall bynd vpon earth, Mat. 18.shalbe bound in heauen, and whatsoeuer you shall losse vpon earth, shalbe loosed in heauen: To Princes it was neuer sayd so. To the Apostles, and their successours it was sayd: Ioan. 20. Whose sinnes you shall forgiue, they are forgiuen them; and whose you shall retaine, they are retained: To Princes neuer. To S. PETER an Apostle and Priest, [Page 68]it was sayed: Mat. 16 Thou art Peter, and vppon this Rock will I build my Church: To no Prince was it euer sayd in that sort: To Apostles and Priests Christ sayed: Matth. vlt. Goinge therefore teach ye all Nations, baptising them in the name of the father, the sonne, and the holy Ghost: To Princes neuer. To Apostles and Priests Christ said: Ioan. 6. As my liuing father hath sent me, so I send you, that is, to preach, to minister Sacramentes, and to gouerne the Church: Ephes. 4. To Princes neuer. To the Apostles, Doctours, Pastours, Prophets, Christ committed his Church to be gouerned, Act. 28. to Princes neuer. To Priests S. Paul gaue this admonition: Attendite vobis, & vniuerso gregi, in quo vos Spiritus Sanctus posuit Episcopos regere Ecclesiam Dei, quam acquisiuit sanguine suo. Take heede to your selues, and to the whole flocke; wherin the holy Ghost hath placed you Bishops to rule the Church of God, which he hath purchased with his owne bloud. But neither he, nor any Apostle euer gaue that charge to Princes. Fiftelie they differ in the cause efficient: for the Ciuill and Temporall Power proceeds from God, and Nature, by meanes of the peoples election, as is in the former Chapter declared; but the spirituall power of the Church, as it implieth Potestatem ordinis & Iurisdictionis in foro interiori, is from God immediatelie, it being supernaturall, and exceeding humane power: And although the Ecclesiasticall humane power, which inferiour Prelates haue, proceeded from superiour Prelates, especiallie the Pope; yet not [Page 69]from the Prince or Common wealth, but from the Pastours, and Church. So that as the Pope, Priests, and Church doe willinglie acknowledge the temporall and ciuill power of the Prince, Magistrates, and Common wealth, or Kingdome; so the Prince, Magistrates, and Common wealth must be content to recognize a spirituall power of the Pope, Bishops, Priests, and Church, to which obedience is due euen of Princes, who are subiect to the Church no lesse then are temporall subiectes to the Prince, yea rather more.

7. This power all true Christians and Catholickes acknowledge; none but Heretickes and Infidels deny. The Waldenses, Guido Carmel. in har. VVald. Turrecr. l. 4. Sū ma de Eccl c. 35. Cōc. Const. sess. 8. et 15. a. 14 Luth. a. 27. Dan in Bulla Leon. 10 Cal l. 4. Inst. ca. 20 n. 6. & 7. as witnesse Guido, and Turrecremata; as also VVicleph, and Hus, as the Councell of Constance relateth, denyed all Ecclesiasticall power, and sayed, that Popes, and Bishops Decrees, and Canons did not bynd any. The same is Luthers opinion. Caluin affirmeth, that neither the Pope, nor his mitred (Caluin sayeth horned) Bishops can bynde mens Consciences, by their decrees and ordinances: and that for two causes. First because they are no true Bishops, which yet neither he, nor all his secte, could euer prooue. Secondlie because though they were true Bishops, yet they are not legislatours, or lawmakers, that Tytle agreeing only to Christ; only he and his graunt that they may inculcate Gods lawes, but make no newe,

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8. Well it is knowen that is was alwaies the manner of Heretickes to contemne all Ecclesiasticall Authoritie, because it condemned them. But as I haue alleaged proofes in the former Chapter for Ciuill power of Princes; so can I not want argumentes for the spirituall and Ecclesiasticall power▪ when Christ promised PETER, that he should be the foundation and head of the Church, he promised this power in, and ouer the Church: Mat. 16. for if PETER be head of the Church, he can rule the mysticall bodie, and if he can rule the same, then can he also make Ecclesiasticall lawes, for that is belonging to a superiour of euerie great and perfect communitie; as is before shewed. Secondlie, Christ gaue this power to PETER, when after his Resurrection he saied: Pasce oues meas. Feede my sheepe. Ioan. 21. For the office of a Pastour may be gathered by the office of a shepheard, who is to gouerne his sheepe, to feede them, and to defend them from the wolfe; and so a spirituall shepheard and Pastour, must haue authoritie to rule by lawes, to feede by preaching and Sacraments, and to defend by censures and his Pastorall staffe, and coerciue power. Eph. 4. VVhereupon Saint Paul saith, that Christ hath giuen to his Church not only Doctours and Prophetes to teach, but also Pastours to feede and gouerne. And seing that the Church hath as much neede now of a supreame visible Pastour, and rather more, then at the beginninge, it followeth, that [Page 71]PETER hath a successour, who hath the like Authoritie: And seing that all Fathers, all Councelles, all histories, all practise of the Church, possession and prescription for 1600. yeares, stande for the Pope of Rome, he is this successour, and he it is, that hath the supreame Ecclesiasticall and spirituall power after Christ. Thirdlie, Mat. 18. Christ commandeth to obey the Church, and saith, That he that will not giue eare to the Church, is to be accounted as an Ethnike and Publican; which is a signe, that the Church hath Authoritie and Iurisdiction to heare causes, and to pronounce sentences, to which obedience is to be giuen. Fourthlie, not withstanding that in the old law of Moyses God determined almost all by him self, by his morall, iudiciall▪ and ceremoniall lawes; yet he gaue power to the Synagogue, and her Pastours to interprete the law, to resolue doubtes concerning the law, and to enact some lawes as occasion was offred. And therefore we see with what seueritie God commanded obedience to the Priests saying: Deut. 17 Si difficile & [...]mbiguum &c. If thou perceaue that the Iudgement with thee be hard and doubtfull betweene bloud and bloud, cause and cause, leprosie and leprosie; and thou [...]e that the wordes of the Iudges within thy gate do [...]arie; arise and ge vp to the place, which our Lord thy God shall choose, and thou shalt come to the Priests of the Leuiticall stocke, and to the Iudge that shall be at that time, and thou shalt aske of them, who shall thew thee the truthe of the Iudgement. And thou [Page 72]shalt do what soeuer they, that are Presidents of the place, which our Lord shall choose, shall say and teach thee, according to his law, and thou shalt follow, the sentence &c. And he that shalbe prooued refusing to obey the commandement of the Priest, which at that time ministreth to our Lord thy God, and the decree of the Iudge, that man shall die: and thou shalt take away the euill out of Israel, and the whole people shall feare, that none asterward swell with pride. By which we see that the Highe Priest had Power not only directiue, but also coerciue vnder paine of death. And we read how the victorie of Iudith ouer Holofernes was celebrated by the Iewes with commandement of a holie daye: Iudith vlt. which law was merelie Ecclesiasticall, made by the Priests, and was not commanded by God his law. The like festiuall day was decreed by Mardocheus, and receaued by the Iewes in memorie of their deliuerie from Amans tyrannie by meanes of Hester, Hester 9. which also was no diuine, but an humane and Ecclesiasticall law, Likewise the Machabees instituted the feast of the Dedication, 1. Mach. 4. Ioan. 10. which Christ afterwards obserued with the rest of the Iewes; and yet this was not commanded by God his law. Againe Christ commandeth to do that which they who sitt in Moyses Chaire doe saie, Mat. 23. but not alwaies what they doe; much more would he haue vs to do that, Lib. 4. Inst. cap. 20. n. 21. Act. 15. which they who sitt in Saint Peters, yea Christs seate, do command. And we read in the Actes (which Caluin well saw, but glosseth [Page 73]vntowardlie) how the Apostles in their first Councell made a new law, by which they commanded the conuerted Gentils to abstaine from eating of bloud and things strangled, which were now (the olde lawe being abrogated) things indifferent, and not otherwise forbidden. Fiftlie, Mat. 18. Christ gaue authoritie to his Apostles to loose and bynd by excommunications, suspensions, and interdicts; which actes of Iurisdiction are the spirituall bands and Censures, which the Church layeth vpon rebellious Christians, as Diuines and Fathers interprete; Which power Saint Paul in his second Epistle to the Corinthians insinuateth saying: If I come againe, I will not spare; and againe; These things I write absent, that being present I may not deale hardlie, according to the power, which our Lord hath giuen me vnto edification, and not vnto destruction, 1. Cor. 4. 1. Cor. 5. D. Th. in hac loca. Gregor. Nyss [...]in orat. aduersus eos qui agre ferunt reprehens. Chrysost. hom. 60 [...] ad pop. Ant. Hieron. ep. 53. And in his first Epistle he sayth: VVhat will you? in rodde that I come to you, or in charitie and the spirit of mildnesse? And againe▪ he in absence by his letters and mandatum, excommunicateth the incestuous person, and deliuereth him vp to Satan. Out of which wordes Saint Gregorie of Nisse, and Saint Chrysostome do gather the power of Excommunication: As also doth Saint Hierom, who marueileth that the Bishop, in whose Diocese Vigilantius liued, did not Virga ferrea confringere vas inutile, & tradere in interitum carnis, vt spiritus saluus fiat: With an iron rodde breake that vnprofitable vessel, and deliuer him to Satan for the destruction [Page 74]of the flesh that the spirit may be saued. So S. AVGVSTIN, Aug l 1. de pen. cap. 14. so all Fathers, so Caluin him selfe vnderstand this place of the power of Excommunication, though Caluin will haue onlie the Presbyterie and companie of Seniours, not any one alone, to excōmunicate, contrarie to the expresse text, which telleth vs, that Saint Paul alone absent did excommunicate, and deliuer vp to Satan. VVhere is to be noted, that by excommunication stubbern Christians are saied to be deliuered vp to Satan, either because they are cast out of the Church, where Satan domineereth; or else for that they are depriued of the suffrages and helpes of the Church, and so more exposed to Satans tentations; or lastely because in the Primatiue Church, the Deuil by and by seazed and tooke poslession of the person excommunicated.

10. Sixtlie, as because the law of Nature could not determine particulerly of all particulers, Ciuill power was necessarie to gouerne the Communitie, and enact lawes conducing to the Temporall state: so because God his law hath not determined all particulers; it was necessarie the Church should haue power to call Councelles, tomake patticuler lawes, according to the times and other circumstances.

11. Seuenthlie, euerie absolute Common wealth hath power in the Prince and Magistrates to gouerne and defend it self, to make lawes, to punishe Malefactours &c. [Page 75]But the Church is an absolute Common wealth, and more absolute then a Kingdome, this being subordinate to that, not that to this, ergo it was to haue all spirituall Authoritie necessarie to gouerne and defend it selfe, else Christ had not sufficientlie prouided for it.

12. Fightlie, we are bound to obey Princes lawes and Authoritie in conscience; ergo much more the Churches Authoritie and law, this being spirituall, that but temporall, this being the subordinant, that the subordinat power, as wee shall see herafter. And therfore if the Apostle will haue euerie soule to be subiect to Authoritie and higher powers, Rom. 13 he will especiallie that they be subiect, if they be members of the Church, vnto her spirituall power: for as SYMMACHVS Pope sayd once to the Emperour ANASTASIVS: Si omnis potestas à Deo est, Ep. ad Anastaf. Imp.magis ergo quae rebus praestituta est diuinis: defer Deo in nobis, & nos deferemus Deo in te. If all power be of God, much more therfore that power which gouerneth diuine matters; Honour thou God (ô Emperour) in vs, and we will honour him in thee.

[Page 76]

CHAPTER IIII.

These two Iurisdictions and powers, Ecclesiasticall and Ciuill, are compared and conferred: and the preeminence is giuen to the Ecclesiasticall.

1. AS the little world Man, called [...], can not consist without bodie and soule, nor the great world without the Sunne and Moone: so neither can the spirituall world of the Church flourish any time, vnlesse it be supported, as by two Pillars, by the spirituall and Temporall power and Authoritie. But as if the Moone should or could contend with the sunne, and would or could disdaine to receaue light from the sunne, or would or could encroach vpon the sunnes right in the gouernmet of the day, all would be out of order: so if one of these powers should be at variance with the other, and would not receaue light and direction by the more lightsome; or would encroach preposterouslie on the others demaines, the Church could not long flourish. And as if the body should rebell against the soule, the flesh against the spirit, sensualitie against reason, it would perturbe reasons order, and breake the Oeconomie of Morall life; so if one of these powers should [Page 77]offer iniurie to the other, the Mysticall bodie of Christ his Church would be out of frame. Wherfore seeing that Christ, the Wisdome of God, is the Authout of both, he no doubt, hath disposed them sweetlie, Sap. 7. and consequentlie hath setled some order betwixt them, because. Quae à Deo sunt, Rom. 13.ordinata sunt. Those thinges that are of God, are ordered. And for as much as Pluralitas principatuum non est bona; Pluralitie of principalities is not good, Arist. l. 12. Metaph. cap. vlt. to wit, Vnlesse one be subordinate to the other, no doubt he hath subiected one of these to the other. For which cause in this Chapter I will endeauour to shew, which of these powers taketh the precedence, which hath the preeminence and superioritie, wherin, and how farre.

2. But because Comparisons betwixt so great Powers and Principalities, and especiallie in these our corrupted times, are odious, I protest before hand, that I entend not do detract any right or prerogatiue from either, but onely to giue to Caesar and his temporall power, what belongeth vnto them, and to God and his Church, Mat. 21. what appertaineth to them. For I confesse, and haue prooued, that both these Authorities are of God; both are excellent and eminent in their kinde; both to be honoured; both to be obeyed within their limites; both so necessarie to the Church of God, that it can no more stand without them, then the world without Sunne and Moone. For [Page 78]take away Temporall power, and who shall defend the Church, and assist her for the execution of her lawes and sentences? Take away the spirituall power, and who shall direct and correct the Temporall when it is exorbitant? Take away the Temporall, and who shall drawe the sworde? Take away the spirituall, and who shall preach the worde? Take away the Temporall, and who shall haue care of our corporall and temporall life? Take away the spirituall, and who shall haue care of the spirituall and eternall life? But let the one not encroache vpon the other; let both helpe one another, and both are stronger; as was excellently obserued by NICHOLAS the Pope: Nichol. epist. ad Michael. Imp. cap. Gum ad verum ventum est, d. 96. Cum ad verum ventum est, neque Imperator Iura Pontificatus arripuit, nec Pontifex nomen Imperatoris vsurpauit; quoniaem idem Mediator Dei & hominum, homo CHRISTVS IESVS, sic propriis actibus & dignitatibus distinctis officia Potestatis vtriusque difcreuit, vt & Christiani Imperatores pro aeternâ vitâ Pontificibus indigerent; & Pontifices pro cursu temporalium tantummodo rerum, Imperialibus legibus vterentur: VVhen it came to the vnderstanding of the truth, neither the Emperour did take vnto him the rightes of Bishop-like authorotitie, nor the Bishop did vsurp the name of the Emperour; because the same Mediatour of God and men, man Christ Iesus, hath distinguished the offices of both powers by their proper actes and distinct dignities, as that Christian Emperours for attaining eternall life should neede Bishops, [Page 79]and Bishops should vse the Imperiall lawes for the cause only of temporall thinges.

3. But as both are necessarie, so both are not equall, but the one inferiour to the other the one subordinate to the other, else the one would be an hindrāce to the other, and both would cause confusion. And certes, if we will not preferre the bodie before the soule, heauen before earth, temporall before eternall life; VVe must preferre the spirituall and Ecclesiastieall power before the Temporall, and consequentlie the Church before the Common VVealth.

4. These two powers, and the preeminēce of the spirituall before the Temporall, were prefigured (as Turrecremata hath well remarked) by the two brazen Pillars in the Porch of Salomons Temple The Porch was a figure of the Church Militant, Turrecr. lib. 4. cap. 87. 3. Reg. 7. the Inner Temple of the Church Triumphant; because as by the Porch the Iewes entred into the Temple, so by the Church Militant, and by no other way, Christians haue entrance into the Church Triumphant: The two brazen Pillars that sustained the Porch, signified the Power Temporall & spirituall, which support the Church Militant: and the pillar on the right hand signified the spirituall power; the Pillar on the left hand the Temporall power; whence it is that that must take the precedence of this, and this must be subordinate to that.

5. And truly that the spirituall and Ecclesiasticall [Page 80]power is superiour to the Temporall, and more eminent then it, I prooue First by those thinges, by which I haue prooued them in the former Chapter to be distinct. For the end and finall cause of the temporall power, is temporall and naturall, to witt, temporall peace; the end of the spirituall Authoritie, is eternall and supernaturall peace, the immediat cause efficient of the Temporall, is the people, the immediat cause of the spirituall, is God: The matters, in which the temporall power is occupied, are temporall; the affaires, which the spirituall gouerneth, are Ecclesiasticall and spirituall: the functions of the temporall, are all temporall; the functions of the spirituall power, are all spirituall and supernaturall, as absoluing from sinnes, ministring Sacraments, offering of sacrifices, enacting lawes for the soules health, excommunicating, absoluing, &c. The temporall ruleth especially the bodies; the spirituall, the soules: that ruleth the Kingdome, or Common Wealth; this the Church. To the King, the Keyes of Cities are offered; to the Priest and Pastour the Keyes of heauen: He remitteth temporall Mulctes and paynes, no sinnes at all; The Priest and Pastour remitteth sinnes, and absolueth from all paynes: He can cast out of his Kingdome by banishement; the Pastour out of the Church by Excommunication. And therfore, looke how farre eternall felicitie excelleth temporall, [Page 81]God the People, supernaturall and diuine thinges, naturall and humane, spirituall functions, temporall, soules bodies, the Church the Common VVealth, the Keyes of heauen the Keyes of cities, sinnes ciuill penalties, eternall temporall punishment, excommunication banishement; so farre the Ecclesiasticall and spirituall excelleth the Ciuill and Temporall Authoritie. By this Argument S. CHRYSOSTOM (as alwaies) very excellentlie proueth the Priests to be greater then the King. Chrysost. homil. 4. de verbis Isaiae, tom. 5. Mane intra tuos terminos, ô Rex. alij sunt termini Regni, alij sacerdotij; hoc Regnum illo maius est. Rex ea, quae sunt in terris, sortitus est administranda; caeterùm ius sacerdotij è supernis descendit: Regi corpora commissa sunt, sacerdoti animae: Maior hic Principatus, propterea Rex caput submittit manui sacerdotis, & vbique in scripturâ sacordotes inungebant Reges: Remaine within thy boundes, O King: others are the limites of the Kingdome, others of Priesthood: this Kingdome is greater then that. The King hath the administration of the things of the earth, but the right of Priesthood defcendeth from aboue. To the King bodies are cōmitted, to the Priest soules: greater is this principalitie: and therfore the King inclineth his head to the hand of the Priest: and euerie where [...]n Scripture, Priests did anoint Kings. Secondlie, there is no Christian can denie, but that since God hath ordained vs to a supernaturall end, to witt, the cleate vision, and fruition of him selfe, (as all Scripture witnesseth that he hath) all our goods also and [Page 82]states are ordained to the same end, and are not well vsed, but rather abused, when they are vsed to serue our pleasures contrarie to that end whence followeth that all temporall thinges, since the former Institution and ordination of God, are Media, meanes, in respect not only of out supernaturall end, but also of supernaturall meanes, as Sacraments, Grace, and supernaturall functions, which are more proportionate, and more neere meanes to that end; and consequentlie temporall power, which ordaineth of these meanes, is subiect to spirituall power, which principally considereth the supernaturall meanes and end. For as the art of ryding is more noble, Arist. li. 1. Eth. c. 1. then the art of making bridles (as Aristotle to a like purpose reasoneth) because this is ordained to that: so the spirituall power which disposeth of supernaturall thinges, is nobler then the Temporall, this being ordained to that, and the end being more noble then the meanes.

6. Thirdlie, Philosophers affirme that all habites and faculties are specified and dignified by their actes, obiectes, and endes, and so Morall Philosophie, which hath vertue and manners, the health of the soule, for its obiect, is more noble then the art of Phisicke, which teacheth only to cure the diseases of the bodie, and to restore corporall health. Seeing therefore that the obiects of spirituall power are supernaturall [Page 83]and heauenlie, the obiects of Temporall power, are naturall and earthlie; the end also of spirituall power is eternall beatitude, the end of temporall power, temporall felicitie; the actes also and functions of that power, spirituall and supernaturall, the actes of this naturall and morall; It must needs followe, that the spirituall power excelleth the temporall, as much as the obiects, endes, and actes of that doe surpasse this.

7. Fourthlie, that power is greater, to which euen the Princes them selues are subiect, then that, to which the subiects and people onlie are subiect, not the Prince (for though the Prince be subiect to his owne sawes quoad vim directiuam, yet not quoad vim [...]perciuam) but the Prince is subiect to the spirituall powet of the Church, as much as [...]he lowest and meanest of his subiects; ergo [...]he spirituall power of the Church is more [...]minent then the Temporall power of the Prince or Common VVealth. The Maior [...]roposition is euident. The Minor I shall [...]rooue in the next Chapter. wherfore the [...]onclusion must needs followe.

8. Hitherto I haue prooued that the spi [...]ituall and Ecclesiasticall power is more [...]minent and noble then the Temporall, [...]nd consequentlie that the spirituall is [...]igher in dignitie; but whether it can com [...]and, correct, curb, or restraine the tem [...]orall, I haue not as yet either prooued or [Page 84]declared; for many things are more highe in dignitie then others, which yet haue no authoritie to command or punnish: As for example, the Protestants of this time will not lett to graunt that the Pope is the highest Patriarch in dignitie, yet they say he can not command out of his particular Diocese of Rome; and all Diuines graunt, that the power of the Church is more noble, then any power of Princes or Emperours, that being spirituall and supernaturall, this onely temporall, and yet they say that they that are not baptized, be they Princes or subiects, are not subiect vnto it, so as the Church can command or punnish them spirituallie; And the King of France is more eminent in dignitie, then any of the noblest subiects of England or Spaine, and yet hath no authoritie to command or punnish them for faultes committed out of his Realme Wherfore it resteth that I prooue that the Church by her spirituall and Ecclesiasticall power can command all Christians, euen Heretickes that are baptized. And this, besides what hath been saied in the former Chapter to the proofe thereof, I shall briefely, yet cleerely, shew by these ensewing arguments.

9. For first, the Ecclesiasticall superiours are true Pastours of the Church; ergo they can not only direct, but command, and correct, at least by spirituall paines and chastisements. The Antecedent I prooue [Page 85]out of scripture. Pasce oues meas; Feede my sheepe, Ioan. 21. saied Christ to S. Peter and his successours, and all Pastours in their kinde. Ad Eph. 4. Christ (saieth S. Paul) gaue to his Church, some Apostles, some Prophetes, and other some Enangelists, and other some Pastours and Doctours. Act. 20. And the same Apostle speaking to Pastours sayth: Attendite vobis &c. Attend to your selues, and your whole flocke. To which purpose also S. Peter addeth saying; 1. Pet. 5. Pascite qui in nobis est gregem Dei. Feede the flocke of God which is in you. The consequence I prooue, because to a Pastour it belongeth not onlie to feede by Sacramentes, and the word of God, but also to rule, to gouerne, and correct, and consequentlie the Pastours of the Church can make lawes, which bynd all Christians their subiectes in conscience, and they can correct and punnish [...]he delinquents, at least by spirituall chastisements of Excommunication, and other Censures.

10. Mat. 18. Secondlie Christ gaue power by his Apostles and successours to bynde and loose, which argueth Iursdiction.

11. Thirdlie the Apostles, and their succes [...]ours, haue vsed this Authoritie ouer Chri [...]tians: Act. 15. 1. Cor. 5. Tit. 1. 1. Cor. 7. 2. Cor. 10 for they enacted lawes in their first Councell. Saint Paul excommunicated the [...]ncestuous Corinthian; They appointed Bishops and Priests to gouerne particuler Churches; Saint Paule distinguisheth his [...]wne power of making lawes from Christs: And hee saith. Arma militiae nostrae non [Page 86]carnalia sunt, sed potentia Deo ad destructionem munitionum &c. The weapons of our VVarfare are not carnal, but mightie to God vnto the destruction of munitions, destroying Counsels, and all loftinesse extolling it selfe against the Knowledge of God &c. and hauing in a readinesse to reuenge all disobedience, &c.

12. Fiftlie, I proue it by a Theological Argument. By Baptisme Christians are made true members of the Mysticall bodie of Christs Church, no lesse then subiects are of the Kingdome or Politicall bodie, D. Tho. 3. p q. 63. art. 6 q. 68. a. 1. & q. 69. a. 4 & 5. yea more, because they are incorporated to the Church by a reall, supernaturall, and indelible Caracter; But all members are so subiect to the head, that the head by Authoritie may command, correct, and punish them, if they transgresse; ergo the Pastours of the Church, and especiallie the chiefe Pastour hath Iurisdiction ouer all those that are baptized, be they true Christians, or Heretickes, or Apostataes. This I confirme by this congruence. Euerie one is bound to the lawes of the Realme, in which he was borne, by reason that his natiuitie in that place, maketh him a true member of that Kingdome, as our Soueraine Liege himselfe well obserueth: In praef. monitor. pag. 12. And seing that Baptisme is a regeneration and newe natiuitie, by which we are borne in the Church, (for euen the Children of Heretickes, though they be baptized by Heretickes, if they be trulie baptized, are [Page 87]borne in the Churche) it followeth that all that are baptized, are bound to obey the Church, and chiefe Pastour of the Church, to obserue her lawes, and may be punished by the Church, if they transgresse the same; else the Church, which is the most eminent state and Common wealth, should be inferiour vnto the lowest and meanest Politicall common wealth that is; for there is no lawfull common wealth, but it can make lawes, and punish the transgressours.

13. Sixtlie, the Church is an absolute Common VVealth, and consequentlie hath Authoritie to make lawes, to appoint spirituall Magistrates, to call Councels, and to decide controuersies, to correct and punish Heretickes and Blasphemers, and all sinne, which are properlie opposite to her gouernment, and Ecclesiasticall peace: but this supposeth a legislatiue an commanding, and not only a directiue, but also a coerciue power; ergo the Church and especiallie her chiefe Pastour Christs Vicaire, hath such Authoritie. l. 2. ff. de Iurisd. omnium Iud. cap. Praeterea, de officio delegati. This Argument I confirme thus: The Ciuill lawe telleth vs: Cui iurifdictio data est, ea quoque concessa esse videntur, sine quibus iurisdictio explicari non potuit: To whom iurisdiction is graunted, those things also seeme to be graunted, without which the iurisdiction could not be explicated. And againe: Ex eo quod causa alicui committitur, super omnibus, quae ad causam ipsam spectare noscuntur, plenariam recipit [Page 88]Potestatem: In that a cause is committed to any, he receiueth full power ouer all things which are known to pertaine to the cause: But the Pastours of the Church, as is manifest out of the alleaged places of scripture, haue Authoritie to gouerne and rule the Church, and all the members and subiects thereof; ergo they haue authoritie to do all those thinges, which are necessarily belonging therevnto; but they should not haue all power belonging therevnto, vnlesse they haue a Power Legislatiue, and not onlie directiue, but also coerciue, at least by spirituall paines ouer Christians▪ and the lay power, and temporall Iurisdictions; ergo their spirituall power is not onlie aboue the temporall in dignitie, but also in authoritie and power of commanding, else they had not sufficient power to gouerne the Church, which is committed vnto them.

14. But because this veritie will appeare more by that, which I shall alleage in the next Chapter, to prooue that the Pastours of the Church haue spirituall authoritie ouer Kinges and Emperours; I will here make an end desiring all wordlinges and Politikes, who so inculcare obedience to Princes and secular power, not to forgett their dutie and obedience to the Church, and her Pastours. who haue Authoritie as well as princes, and greater then theirs; and to thinke also with them selues, that he that will not obey the Church, Mat. 18. is to be [Page 89]held as an Ethnike and publican; and that, Deut. 17 if he that stubbornlie refused to obey the Highe priest in the olde lawe was to die for such disobedience, what punishment remaineth for them, who contemne Church and Pope, which yet are in dignitie and power as farre aboue the synagogue, and her priests and Bishops, as the veritie surpasseth the figure, the bodie the shadow, the guift the promise, Christ Moyses, Christes preisthood that of Aaron, Christes facrifice and Sacramentes, those of the Iewes and synagogue.

CHAPTER V.

Ecclesiasticall and Temporall peeres and princes are compared together, and out of the Comparison is gathered, that not only priuate laymen, but euen temporall princes, though otherwise absolute, are subiect to the pastours of the Church, and especially to the supreame visible pastour, as is prooued by many arguments.

1. I intend not by this comparison to detract the least from Kings and Princes; Naziāz. orat. 17. ad ciues timore perculsos. Psal. 81. for I acknowledge their Authoritie to be of God, them selues the Images and sonnes of God, according to that. Ego dixi Dij estis, & filij excelsi omnes: I saied: you are Godds, and the sonnes of the highest all. I will not let to [Page 90]giue them, in a good sence, those high titles, with which the Romanes and Grecians stiled them, who called them Filios Deorum, Deos terrae, Ioues mundi, The sonnes of Goddes, Goddes of the earth, and Iupiters of the world: for as God is the supreame Monarch of the world, so are they of their Kingdomes, in the gouernment wherof, they imitate the Monarchicall gouernment of the world. I graunt that a King in respect of the laitye, is as the eye and head in the bodie, as she sunne amongst the planets, as the Cedar amongst Trees, as gould amongst metalles, as fier amongst the Elements, as the sea amongst waters. I will willinglie acknowledge him the second person after God, and onlie lesser then God in temporall Authoritie. Tertul. l. aduersus Scap. c. 2.

2. But yet it is not one of Kings least honours to acknowledge thē selues sonnes of the Church, Ambros. orat. in Auxentium. as S. AMBROSE tould Valentinian the Euiperour. And therfore as Priests are content to giue to the King and Prince that honour, which is due vnto them: so Princes must not disdaine to giue to Priess their due respect and right. Princes, I graunt, are called Gods by participation, and the anointed of God: so are Priests, and in this kinde greater Gods then they, because they approche nearer vnto the true God, and only God by essence, who therfore is called Deus Deorum, Psal. 49. & 135.God of Goddes; and their consecration and anoynting being a [Page 91]Sacrament, is farre holier then that of Kings; for which cause CONSTANTIN called the Bishopes of NICE his Gods, Ruf. l. 1. Cap. 2. and would not be Iudge of them, to whose iudgement he was to stand: and as Princes are Kinges, so are Priests, and by so much greater Kinges then they, by how much it is more to be a Kinge of soules, then bodies. wherfore the scriptures alleaged in the former Chapter, which giue to the spirituall power a superioritie and authoritie ouer the temporall, do prooue also that Bishops, and especiallig the High and chiefe Pastour, are euen Kings, Pastours, Ioan. 21 and superiours. For when Christ bad PETER feede his sheepe, he made him Pastour ouer all Christians; and so the King, if he wilbe a sheepe of Christ, must be a sheepe of PETER, and consequentlie of the Pope his successour, Mat. 18. and must acknouwledge him his Pastour. And When Christ saied: Dic Ecclesiae &c. Tell the Church, and if he will not beare the Church, let him be vnto thee is an Ethnick and Publican, Did he exempt Princes from the Churches Tribunal? And when he saied: What soeuer you shal binde vpon earth, Mat. vlt.shal be bound in heauen, were Princes excepted? No, no. If Princes will be members of the Church, they must be subiect to the visible Head therof: If they will be sheepe of Christ, they must acknowledge PETER, and the Pope his successour, for their Pastour.

3. Neither can their temporall soueraintie [Page 90] [...] [Page 91] [...] [Page 92]exempt them, for that only maketh them so absolute, that they are subiect to no temporall power, yet remaine they notwithstandinge subiect to the spirituall power of the Church, and as subiect, as the lowest Christian; and haue no more commaund ouer the Church, then the meanest of the people. True it is, that they are defendours, (or ought so to be) and Protectours of the Church, Pastours and superiours they are not, but sheepe and inferiours; And therfore after that the Prophet Esaye had saied: Erunt Reges nutritij tui &c. Esai. 49.Kinges shall be thy nourcing Fathers; to shewe that this importeth no superioritie ouer the Church, he addeth: VVith countenance cast downe toward the ground, they shall adore thee (the Churche) and they shall licke vp the dust of thy feete.

4. And this I proue first by reason grounded in faith and Diuinitie. For the King by Baptisme is made as trulie a member of the Church, as the meanest Christian, and is incorporated as deepelie by the Caracter of Baptisme, as any, hee is regenerated and borne againe, as much as any, else he should not be so good a Christian as others; And seing that by this incorporation and natiuitie (as is before declared) the Pastours, especiallie the chief Pastour, who is Head of this bodie, hath power ouer all Christians; it followeth that he hath also power ouer Kinges; and so as the [Page 93]King can punnish rebelles & Malefactours & cast them out of the Realme by banishement, so may the Chiefe Pastour punnish a rebellious King, especially by spirituall censures, and may cast him out of the Church by excommunication; else the Church were inferiour to all politicall bodies, yea to a naturall bodie, which hath authoritie for its owne preseruation, to cutt of a rotten member, least it infect the whole, and to expell by purgation a malignant humour. Neither is there any reason, why in this point we should put any difference betwixt the King, and another of his owne subiects. For althoughe he be superiour in temporall matters to all his subiectes, and is to be obeyed of thē, yet is he subiect in spirituall matters to the Churches Pastours, as much as his meanest subiect.

5. And so it is not in the free choise of a Christian, though baptized amongst Hereticks, when he comes to yeares of discreation (as ERASMVS, and LVDOVICVS VIVES do absurdly holde) to obserue, Erasmus paraph. in Mat: Ludouic. Viues in com. l. 1. de ciu. Dei cap. 27. or not obserue the Christian law, because he is bound to keepe the promise, which the Church, and his Godfathers made in his name, no lesse then Pupills are bound to stand to that, which their Tutours haue done in their name, and for their profitt; and goe he where he will, be he of what religion he will, he carrieth an indelible Caracter imprinted by Baptisme in hi [...] soules, [Page 94]by which the Church hath authoritie ouer him, as ouer a member de iure & debito, and can commaund him to obserue the Christian law, as also punish him, if he disobey, though he were an Emperour, at least by spirituall punishment.

6. Secondlie, two Princes independent in one communitie, would make a confusion, vnlesse the one were subiect to the other, and to be directed by the other. Wherfore Aristotle (as aboue I haue alledged) saieth that Pluralitas Principatuum nō est bona:Arict. l. 12. Met. cap. vlt.Pluralitie of Principalities is not good: to witt, in one communitie, and vnlesse one of them be subiect; for the one might hinder the other, the one might commaund one thinge, the other cleane contrarie, and so there would arise contention and confusion; But the Church and common wealth of Christians is one bodie and Communitie, at least materially, if not formallie; ergo these two Princes, to wit, the spirituall and temporali, must haue some subordination: But there is no reason, that the Prince should direct, and correct the Pastour, he being the greater Prince, & hauing an higher power, as it is aboue prooued; ergo seing that both Pastour, and Prince are of God, and what is of God is rightlie ordayned, Rom. 13. and with good order; it followeth that the Chiefe Pastour must be superiour, and must direct, and correct the Prince, as much as is necessarie to the Churches end and good.

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7, Thirdlie, the chiefe Pastour, and sometimes also inferiour Pastours, as Bishops, haue challenged to themselues as due, Authoritie ouer Princes, and haue excommunicated and layed spirituail punishements vpon them; whome to condemne as vniust vsurpers (they being so manie, so wise, so vpright, and many of them holie Saints) were meere madnesse; ergo the Prince is subiect in spirituall matters, yea and temporall matters also, when they are necessarie for the Churches good, and may be commaunded, and punished, at least spiritually, if he refuse to obey, he being in this case the Pastours subiect, and inferiour.

8. Eus. l. 6. hist. c. 25 alias 27. Nicephor l. 13. c. 34. Vide Baron. an. 407. Card. Alan. Ausu. 1. polibeller. Cap. 2. So wee read that FABIAN Pope commaunded PHILIP the first Christian Emperour to take his place amongst the publick Penitentes: so INNOCENTIVS the first excommunicated Arcadius the Emperour and Eudoxia the Empresse, for persecuting S. Iohn Chrrsostome. The excommunication beginneth thus: Vox sanguinis fratris mei Iohannis clamat ad Deum contra te (ô Imperator) sicuti quondam Abel Iusti contra Cain, & is modis omnibus vindicabitur. The voice of the bloud of my brother Iohn (Chrysostome) cryeth to God against thee, as Abels bloud in tymes past did against Cain, and it by all meanes shalbe reuenged. The sentence followeth in these words: Zonaras tom. 3. Annal. Itaque ego minimus & peccator, cui Thronus Magni Apostoli Petri creditus est, segrego & reijcio te, & illam, à perceptione immaculatorum mysteriorum Christi Dei nostri: [Page 96]Therfore I the least, and a sinner, to whom the throne of Greate Peeter is committed, do segregate and reiect thee and her (Eudoxia) from participation of the immaculate mysteries of Christ our God. Of which Pope S. HIEROME giueth this commendation: S. Hieron. epist. 8. Illud te pio charitatis affectu praemonendum puto, vt S. Innocentij, qui Apostolicae Cathedrae, & supradicti viri (Anastasij) successor, & filius est, teneas fidem, nec peregrinain, quantumuis tibi prudens callidaque videaris, doctrinam recipias. That I thouht out of charitie to admonish thee, that thou holde the faith of S. Innocentius, who is the successour and sonne of the sea Apostolicke, and of Anastasius: neither do thou recedue any strange doctrine, seeme thou to thy selfe neuer so wise and wittie. GREGORIE the second in a Councell at Rome Anno 726. Vide Baron. an. 729. excommunicated Leo the Emperour surnamed Isauricus and Iconomachus, and tooke from him his Gabelles in Italie, and the Prouince it selfe. Greg. l. 3. ep. 5. & 10. & l. 7. ep. 14. Vide Baron. an. 1076. GREGORIE the seuenth, (commēded by all, but onlie Schismatikes & Heretickes, for a Saint (as he who wrought myracles as well liuing as dead) excōmunicated HENRIE the fourth Emperour of that name, for many enormities, threatening moreouer excommunication to all Princes, Kinges, & Emperours, that should vsurpe Inuestitures, as the same Emperour had done. Also he interdicted the Kingdome of Polonia, and excommunicated the King BOLESLAVS for killinge Stanisldus his Bishop at the Altar, because like a good Pastour he had before [Page 97]controlled his lust, and excommunicated him. Platina in vita Innoc. 3 [...] ALEXANDER the third excommunicated Frederick the first; and if Henrie the second King of England had not submitted him self, he had excommunicated him also, as he was sollicited thereunto by Lewis the King of France. INNOCENTIVS the third excommunicated Otho the fourth Emperour of that name. Cap. ad Apostolicae desēt. & re Iudic. in 6. GREGORIE the ninth against Frederick the second, IOHN the twentie two against Ludouicus Bauarus, INNOCENT the third against King Iohn of England, VRBAN the second against Philip the first of France, and other Popes against other Princes, haue sed the like seueritie, Albert. Pighius l. de visib. mon. cap. 17. Mat. Paris. ann. 1204. Baron. an. 1101. euen to these our daies; and in all their Epistles to Kinges and Emperours they call them Sonnes, and speake to them as to their sheepe and subiects.

9. Yea not onlie Popes, but euen Bishops haue the like Authoritie ouer Kinges and Emperours: as the Archbishop of Toledo ouer the King of Spaine, The Archbishop of Canterburie ouer the King of England, The Archbishop of Rhemes ouet the King of France, Gregor. Naziâz. orat. 17. ad Pop. timore perculsū, & prino. Iras. Vide cap. suscipitisne. dist. 10. and other Bishops ouer other Kinges. S. GREGORIE Nazianzen challenged authoritie ouer Valentinian the Emperour; for in an Oration which he made to his Citizens stricken with Feare, and to the angrie Prince and Emperour, conuerting his speech to the Prefects, and euen to the Emperour him self, thus he speaketh: An me liberè loquentem eqno animo feretis? Nam vos quoque potestati meae, [Page 98]meisque subsellijs lex Christi subijeit; Imperium enim ipsi quoque gerimus, addo, etiam praestantius ac perfectius, nisi verò aequum est spiritum carni fasces submittere, & caelestia terrenis cedere. Sed non dubito, quin hanc dicendi libertatem (ô Impervtor) in optimam partem accepturussis, v [...]pote facrimeigregis ouis sacra, Magnique Pastoris Alumna, rectèque iam inde à primis annis à spiritu ducta & instituta, Sanctae (que) & Beatae Trinitatis lumine aequè ac nos ipsi illustrata: Will you take in good part that which I shall speake freely? For the law of Christ doth subiect you also vnto my power and Tribunals: for wee also beare rule, and hauc an Empirè, and that more eminent and perfect, vnlesse a man should thinke it fitt for the spirit to be subiect to the flesh, and that things celestiall should yeeld to things that be terrene. But I doubt nor (ô Emperour) but that thou wilt take in good part this my freedome of speech, as being a holy sheepe of my holy flocke, brought vp vnder the Great Pastour, and so from tender yeares well guided and instructed by the spirit, and illuminated by the light of the Holy and blessed Trinitie, no lesse then wee our selues. S. AMBROSE excommunicated Theodosius for a slaughter committed, Theodoret. lib. 5. hist. cap. 18. and a ciuill law enacted at Thessalonica, and would not admit him into the Church, till he had done pennance, and recalled the former law, Ita demum (sayeth Theodoret) Diuw Ambrosius vinclis illnm exoluit, & templum introire sidelissimus Imperator ausus, non stans, neque genibus flexis supplicabat Domino, sed pronus humi stratus. So at length S. Ambrose absolued him from the bonds of his excommunication, [Page 99]when as the most faithfull Emperour presuming to enter into the Church, did not either standing or kneeling make his praiers vnto our Lord, but lying prostrate vpon the ground. And when the Emperour, after he had bene at the Ossertorie, would haue stayed in the Chancell, S. Ambrose sent him worde by a Deacon, that that was the place onlie for Priestes and those of the Clergie; which comaundement also the Emperour obeyed so willinglie, that when afterwards at Constantinople the Patriach Nectarius would haue had him stayed in the Chancell, he answered; Vix cum gemitu didici discrimen inter Imperatorem & sacerdotem; vix inueni Doctorem veritatis: I haue scarcely learned with sorrow the difference betwixt the Emperour and the Priest; I haue scarcelie foūd a Doctour of the truth.

9. Fourthlie I prooue this, not only by the factes of Popes, but also by their definitions, in which Popes are to be credited, though in their owne cause, because most, if not all of them, were so learned, that they knew what belonged to their Authoritie, and so iust, and holy also, that they would not vsurpe what belonged not vnto them. ADRIAN Pope maketh this decree; Cap. vl [...]. Suorum capitulorum &c. gencrali 25. q 1. Generali decreto statuimus vt execrandum Anathema, & ve [...]uti praeuaricator Catholicae fidei semper apud Deum reus existat, quicunque Regum vel Potentum deinceps Romanorum Pontificium decretorum censuram in quocunque crediderit vel permiserit violundam. Wee ordaine by our Generall decree that he bee before God, as an Anatheme, and as a Preuaricatour, whosoeuer [Page 100]of the Kinges or potentates shall thinke or permit to be violated in any thinge the censure of the Romane Bishops,Cap. duo sunt dist. 96.and decrees. GELASIVS Pope hauing tould Anastasius how by two powers. Ecclesiasticall and Temporall, the world is gouerned, and that the Priests burden is so much the greater, in that they are to answer for Kinges comportement in the diuine iudgement, he addeth: Nosti itaque inter haec ex illorum te pendere iudicio, non illos ad tuam redigi posse voluntatem. Thou knowest therfore that thou dependest of their Iudgement, and that they are not to be subiect to thy will. And therfore (saieth he) many Popes haue excommunicated diuers Kinges and Emperours. Pope IOHN also sayth. Cap. si Imperator dist. 96. Si imperator Catholicus est, (quod salua pace illius dixerimus) filius est, non Praesul Ecclesiae. If the Emperour be a Catholike (by his good leaue be it spoken) he is a sonne, not a Prelate of the Church. And afterward he addeth: Imperatores Christiani subdere debent executiones suas Ecclesiasticis Praesulibus, non praeferre, Christian Emperours must submitte their executions vnto Ecclesiasticall Prelates, and not preferre. Cap. solita de [...]nior. & [...]bed. INNOCENTIVS the third saieth, That as God in the beginning of the world created two great lightes, the Sunne and Moone, and appointed that to rule the daie, this the night; so in the firmament of the Churche he hath placed two great lightes, to wit, Regall and Ecclesiasticall power; that to rule the night of Temporall thinges, this the day of spirituall thinges. And this (sayth he) is by so much greater [Page 101]then that, by how much the Sūne surpasseth the Moone. And againe in the same place he saith, That CHRIST excepted no Christians, when he commanded PET [...]R, and in him his successours, to feed his sheepe, vt alienum à su [...] demonstraret ouili, qui Petrum & successores eius, Magistros non recognosceret, & Pastores: To shew that he is an alien from his flocke, who doth not acknowledge PETER and his successoures to bee his Masters and Pastours.

10. Fiftlie, I proue it by the Authoritie of Fathers and Bishops, that were no Popes, Ambr. orat. in Auxent. quae extat. lib 5. epist eius post epist 32. yet great Saintes. S. AMBROSE speaketh in this point plainlie: Soluimus quae sunt Caesaris Caesari, & quae sunt Dei Deo; Tributum Caesaris est, non negatur: Ecclesia Dei est, Caesari vtique non debet addici; quia ius Caesaris esse non potest Dei templum. Quod cum honorificentia Imperatoris nemo dictum potest negare. Quid enim honorificentius quàm vt Imperator filius Ecclesiae esse dicatur? Wee haue payed to Caesar what thinges belong to Caesar, and to God what is appertaining to God. Tribute belongeth to Caesar, and is not denyed him: The Church is Gods, and therfore is not to be giuen to Caesar: because the Church of God can not be Caesars right: Which no man can denie, but that it is spoken with the Emperours honour: for what more honourable then that the Emperour should be called the sonne of the Church? And then say I, if he be a sonne, he is a subiect, no lesse then the sonne to the father. The same Doctour in a booke wrote of Priestlie Dignitie, sayth yet more: Honor & [Page 102]sublimitas Episcopalis (sayeth he) nullis poterit comparationibus adaequari. Lib. de dignit. sacerd. cap. 2.Si Regum fulgori compares, & Principum Diademati, longè erit inferius, quàm si plumbi metallum ad auri fulgorem compares: quippe cum videas Regum colla, & Principum, submitti genibus sacerdotum, & exosculatis ecrum dexteris orationibus eorum credant se communiri, The honour, dignitie, and Highnes of a Bishop cannot be equalized by any comparisons. If thou compare it to Kinglie lustre, and the diademe of Princes, thou shalt say lesse then if thou shouldst cōpare lead to the glittering gould: for as much as thou seest Kinges and Princes neckes submitted to the knees of Priests, and thē selues kissing their right handes to be waranted by their prayers. Hom. 4. de verbis Isaiae. S. CHYSOSTOME: Regi corpora commissa sunt, sacerdoti auima. Rex maculas corporum remittit, sacerdos autem maculas peccatorum. Ille cogit, hic exhortatur. Ille necessitate, hic consilio. Ille habet armasensibilia, bic arma spiritualia. Ille bellum gerit cum Barbaris, mihi (sacerdoti) bellnm est aduersus Daemones. Maior hic Principatus, propterea Rex caput submittit manui sacerdotis: & vbique in veteri scriptura sacerdotes inungebant Reges. To the King bodies are committed, to the Priest soules. The King forgiueth the punishments of the bodie, the Priest the blottes and blemishes of sinnes. He compelleth, the Priest exhorteth; he by necessitie, this by counsell; he hath sensible weapons, this spirituall; he makes warre against the Barbares, I (the Priest) am to wage battaile against the deuils. Greater is this Principalitie, and therfore the King inclineth his head to the hand of the Priest: and euerie where in the old Testament, Priests did annoint Kinges. And againe: [Page 103]Siquidē sacerdotiū Principatus est, Hom. 5. de verbis Isaiae. ipso etiā regno venerabilius ac maius &c. Because Priest hoode is a Principalitie, and that greater and more venerable then the Kingdome. Speake not to mee of the purple and diademe, and goulden robes; these all be but shadowes, and more vaine then springe flowers. Speake not to mee of these thinges, but if thou wilt see the difference betwixt a King and a Priest, way the power giuen to them both, and thou shalt see the Priest fitting much higher in dignitie then the Kinge. For a though the Throne of a Kinge seeme to vs admirable, for the pretious stones, wherewith it is couered, yet he hath allosted him onely the administration of earthlie thinges. But to the Priest a throne is placed in heauen, and he hath authoritie to pronounce sentence in heauenlie businesses. Who sayth so? Mat. 18. The King of the heauens him selfe: What soeuer you shall bynde vppon earth, shall be bound also in heauen; and whatsoeuer you shall loose vppon earth, shalbe loosed also in heauen. What can be compared with this honour? from earth heauen taketh the principall power of iudging. For the iudge sitteth on earth, our Lord folioweth his seruaunt; and whatsoeuer he shall iudge heere below, that he approueth aboue. And a little after: Eoque Deus ipsum regale caput sacerdotis manibus subiecit, not erudiens, quod hic Princeps est illo maior. Siquidom id quod minus est, benedictionem accipit ab eo, quod praestantius est. And so much God hathsubmitted the Kinges head to the handes of the Priest, teaching vs that this Prince is greater then he; for he that is lesse, receaueth benediction from him that is greater. Yea S. CHYSOSTOME giueth not only Bishops, [Page 104]but also euen Deacons, Hom. 33. in Matth. & hom. 83. in eund. Authoririe ouer Kings: Si dux igitur quispiam (saieth he) si Consul ipse, si qui diademate ornatur, indignè adeat, cohibe ac coërce; maiorem tu illo potestatem habes. If therfore any Capitaine or Consul, if he that is adorned with a diademe, approach vnworthilie, keepe him backe and restrayne him; thou hast greater power then he. And to this purpose we read that S. Re. MIGIVS the Apostle of France, Histoire de l'Eglise de Reins lib. 1. cap. 13. a little before his death, commanded the Bishops to excommunicate the Kinges of France, if they should waste or inuade the Churches. But aboue all most forcible is the testimonie of. Ignat. Epist. ad Smyrn. S. IGNATIVS an Apostles scholler, who so extolleth Princelie dignitie, that yet he giues the precedence vnto the Bishops authoritie. Honora Deum (sayth he) vt omnium authorem & Dominum &c. Honour God as the Authour and Lord of all, and the Bishop as the Prince of Priests bearing the Image of God, and houlding his princedome of him, and his Priesthood of Christ. And after him you must honour also the King. For none is to be prefered before God, nor equal to him; nor none more honourable in the Church then the Bishop, exercising the Priesthood of God for the saluation of the world. Neither is any equall to the King, in the Hoste or Campe, procuring peace and beneuolence to the other Princes vnder him. For he that honoureth the Bishop, shalbe honoured of God, and he that dishonoureth him, shall of God be dishonoured. For if any man rising against the King is worthie of damnation, how shall be escape Gods Iudgements that attempteth any thing against, or without the Bishop? For Priesthood is [Page 105]the Chiefe and summe of all mans good; which wh [...] soeuer disgraceth, dishonoureth God, and our Lord IESVS Christ the Chiefe Priest of God.

11. Sixtlie, this I proue by Emperours and Kings proper confession, who all of them haue acknowledged Bishops, and especiallie the Chiefe Bishop of Rome, their Fathers, Pastours, and superiours, and those, that haue supreame authoritie ouet them. CONSTANTINE the Great in an [...]ict of his shortely after his baptisme [...]saieth thus: Cap. Cō stantinus 2. dist. 96. Vtile iudicauimus &c. vt sicut in terris Beatus Petrus Vicarius filij Dei videtur esse constitutus, it a etiam & Pontifices, qui ipsius Principis Apostolorum vices gerunt, Principatus potestatem, amplius quàm terrenae Imperialis Nostrae Serenitatis mansuetudo habere videtur, concessam à nobis, nostroque Imperio obtineant. Wee haue Iudged it profitable, that as blessed Peeter is appointed the vicaire of the sonne of God in earth, so also Bishops, who are Vicegerents of this Prince of the Apostles, should haue more amplie the power of principalitie graunted by vs and our Empire,Ruffin. lib. 1. cap. 2.then our terrene Imperiall Serenitie seemeth to haue. And Russinus relateth how that, when certaine Bishops assembled at the Councell of NICE offred him Memorialles, in which were complaints and accusations of one another, he sayd to them: Deus vos constituit sacerdotes, & potestatem vobis dedit de nobis quoque iudicandi, & ideo nos à vobis rectè iudicamur. Vos autem non potestis ab hominibus iudicari; propter quod Dei solius inter vos expectate iudicium, & vestraeiurgia, quacumque sunt, ad illud diuinum reseruentur [Page 106]examen. Vos etenim nobis à Deo dati est is Dij,Psal. 81.& conueniens non est vt homo iudicet Deos, sed ille solus, de quo scriptum est: Deus stetit in Synagoga Deorum, in medio autem Deos Diiudicat. God hath constituted you Priests, and hath giuen you power to iudge euē of vs, & therfore wee are rightlie Iudged of you: But you can not be iudged of men: for which cause do you expect onlie Gods iudgment betwixt you: and your differences what soeuer they bee, let them be reserued to the oth [...]e examination. For you are giuen of God to vs as our [...]oddes, & it is not conuenient that a man should iudge Goddes, but he onlie, of whom it is written:Psal. 81.God stood in the Assemblie of Goddes, and in the middest he Iudgeth Goddes. IVSTINIAN the Emperour in his sixt Constitution confesseth the same, Authent. Quomodo oportet Episcopum, &c. saying: The greatest guifts of God among men is the Priesthood, and the Empire, of which two, the former hauing the administration of diuine thinges, the other of hamane, both proceeding of one beginning, do adorne mans life &c. CHARLES the great vseth this manner of stile. Cap. In memoriam, dist. 19. Vide Baron. tom. 9. an. 801. In memoriam Beati Petri Apostoli honoremus Sanctam Romanam & Apostolicam Sedem, vt qnae nobis Sacerdotalis est mater dignitat is, esse debeat Ecclesiasticae Magistra rationis: Quare seruanda est cum mansuetudine humilitas, vt licet vix ferendum ab illâ sede imponatur iugum, tamen feramus, & piâ deuotione toleremus. In memorie of Blessed Peter the Apostle let vs honour the holie Roman and Apostolicall Seate, that she which is to vs the mother of Pristlie dignitie, should be the mistresse of Ecclesiasticall discipline and affaires. VVherfore humilitie is to be kept with Mansuetude; that although a yoke [Page 107]scarcelie tollerable should be imposed vpon vs from that Seate, yet let vs beare it, and let vs suffer it with a pious deuotion. And in his Epistle to Pope ADRIAN thus he writeth. Sanctissimo Patri Adriano summo & Vniuer sali Pontifiei, Carolus Dei gratia Rex, & spiritualis silius vester. To our most holie Father Adrian the Chiefest and Vniuersall Bishop, Charles by the Grace of God King, and your spirituall sonne. Ludou. Rex. in epist. ad Pium 2. King Lewis in an Epistle to PIVS the second stiles him in this manner: Beatissimo Patri nostro Pio Papae secundo Obedientiam filialem. To our most Blessed Father Pope Pius the second, filial Obedience. And afterwards thus he writeth: Te Vicarium Dei viuentis eâ veneratione prosequimur, vt sacra tua monita, praesertim in Ecclesiasticis rebus, velut vocem Pastoris audire promptâ mente velimus. Te Dominici Gregis Pastorem prefitemur, & scimus, teque iubentem sequimur. VVee beare thee the Vicaire of the liuing God such respect and reuerence, that we will heare with a prompte mynde thy sacred admonitions, especiallie in Ecclesiasticall matters, as the voice of our Pastour. VVee professe and know thee to be the Pastour of our Lords flocke,Nangius de gest is S. Lud. & Surin vitae eiusdem Aug. 25.and wee follow thy commandement. King LEWIS the Saint, and ninth of that name, gaue this commandement to his sonne PHILIP: Sis deuotus & obediens Matris Romanae Ecclesiae, eiusque Pontifici, tanquam Patri spirituali, te morigerum praebeas. Bee thou deuoted, and obedient to thy mother the Romain Church; and be thou obedient to her Bishop, as to thy spirituall father.

12. The Kinges of SPAINE, as being surnamed [Page 108]CATHOLICK, yeeld not in this point to the most Christiā Kings of France. Vide Cïe. Later. sub Leone X. sess. 2. FERDINAND professeth him self Filium Sancta Romanae Ecclesiae Matris nostrae deditissimum: The most deuoute sonne of the holy Roman Church our mother: and withall pro eius honore atque statu animam ponere paratissimum: To be most readie to expose his lise for her honour and state. Rox Alphons. in suis Legibus, Part. 1. tit. 5. l. 1.2.3.4. & 5. Carol. 5. in Edict. wormat. King ALPHONSE in his lawes calleth the Pope Patrum Patrem, Father of Fathers, and saieth that therfore all Christians, when they haue accesse vnto him, do kisse his feete. CHARLES the fifte in his Edict made at Wormes, in which he condemneth Luther and his booke, calleth LEO the Tenth Beatissimum Patrem, Most blessed Father, and stiles him self Sedis Apostolica Sanctaeque Ro [...]anae Ecclesiae primarium filium & Aduocatum. First Sonne and Aduocat of the Sea Apostolick and the hodie Romain Church.

13. Neither are our Kinges of England behind them in this deuotion. King LVCIVS the first Christian King of the Brittaines, although he might haue found some preachers, which were the remnant of those that were conuerted by Ioseph of Arimathia and as many thinke by S. Peter him selfe, or at least might haue found nearer helpe out of France yet to shew his reuerend conceit of the Sea Apostolike, sent Embassadours to Pope ELEVTHER vs obsecrans vt per eius mandatum Christianus fieret.Beda lib. 1 hist. Angl. ca. 4.Beseeching that by his commandement he might be made a Christian. INAS King of the West-English, [Page 109]in sigue of Homage to the Chiefe Pastour, Westmō. an. 727. Polid. Virg. lib. 4. hist. Angl. Alredus in vitae S. Eduardi. Polid. lib. 6. hist. Angl. made his Kingdome tributarie to the Pope of Rome, and set a taxe vpon euerie house called Peeter-pence, S. EDWARD King and Confessour giueth this title to Pope NICHOLAS the second: Summo vniuersalis Eeclesiae Patri Nicholao, Edwardus Gratia Dei Anglorum Rex debitam subiectionem & obedientiam. To the chiefest Father of the vniuersall Church Nicholas, Edward by the Grace of God King of the English, offereth due subiection and obedience. And in the same Epistle he writeth how he sendeth Peter-pence vnto him, with other Royall giftes. King OSWIN long before, Beda lib. 3. cap. 25. when there was a controuersie about the time of obseruation of EASTER, and COLMAN Bishop had saied, that he receaued his manner of celebrating EASTER from S. Iohn the Euangeliste, and WILFRID saied that he had his manner from Rome, and Sainct Peter, to whom it was sayd: Mat. 16. Tues Petrus &c. & tibidabo claues regni Caelorum; Thou art Peter &c. and to thee will I giue the keyes of heauen; The King hauing heard bothe, spoke in this manner: If it was saied to Peter, I will giue thee the keyes of heauen: I say vnto you then, that this is the Porter, whom I will not contradict, but as much as I know or can, I desire to obey in all thinges his statutes, least when I come to heauen gates, there be none to open them to mee. This sayd that Religious King, and this was his respect to the Sea Apostolick. Epist. ad Ioan. III. KENVLPHVS King of the Mercians, writing in his owne, [Page 110]and all his Bishops, Vide Malmes. lib 1. de gest. Reg. Angl. and Nobilities name, beginneth his letter in this humble manner: To my most holie and welbeloued Lord, LEO, the Romane Bishop of the holy and Apostolicke Sea, Kenulph by the Grace of God King of Merchland with the Bishops, Dukes, and all degrees of honour with in our Dominions, with health of most sincere affection in Christ; and afterwards he saieth: The sublimitie of the Sea of Rome is our health, and the prosperitie therof our continuall ioy: Because whence you haue your Apostolicall dignitie, thence had wee the knowledge of the true saith. VVherfore I thinke it sit that the eare of our obedience be humblie inclined vnto your commandements. And then demanding the Popes benediction for the better gouernment of his people, and resistance of forraine foes, he addeth: This blessing haue all the Kinges, who swayed the Mercian Scepter, deserued to obtaine at your Predecessours hands. This same do I in humble manner request,Malmes. lib. 3. de gest is Pont in VVilfrido. Malmes. lib. 1. de gest. Pōt. Angl. Westm. an. 854. Bale Gent. 2. cap. 20.and desire to obtaine of you (most holy Father) first by way of adoption to receaue me as a child, as I loue you in the person of a Father, and shall imbrate you with the whole force of obedience. And afterwardes he makes mention of a token of an hundred and twentie Mancuzes, which he requesteth him to accept. King ETHELDRED receiued the letters of Pope IOHN the seuenth vpon his Knees. King ETHELWOLPH sued to the Pope for a dispensation: sent his sonne Alfred to the Pope to be instructed, and sent Peter-pence, and made all England tributarie to the Romane [Page 111]Sea. King ALFRED surnamed the Great, Malmes. lib. 3. de gest. Reg. Angl. Fox. Act. & Mon. pag 166. & 167. Stow. an. 1066. of whose valour, learning, and Pietie, our Chroniclers write wonders, in his Preface before the Pastorall of S. Gregorie, which he translated into the Saxon language, calleth him Christs Vicaire. King WILLIAM the Conquerour offred to trie his Title with Harold before the Pope, and after got his Title approoued at Rome. He wrote an Epistle to GREGORIE the seuenth, in which he confirmeth the Tribute of Peter pence, which the Kings of England, Lib. 5. hist. Ang. Cambd. in Britā. pag. 350. Malmes. lib. 3. de gest. Reg. & lib. 1. hist. nouel. Florent. Vigor. in Chron, an. 1107 Matth. Paris. pag 96. Houed. an. 1131. Fox. pag. 192. Fox. pag. 193. Houed. pa. 502. euen from King INAS, paied to the Pope, as Polidore Virgil writeth, in signe of reuerence and subiection to the Romane Sea. King HENRIE the first, surnamed Beauclerd for his knowledg in the seuen liberall Sciences, built a Church at Dunstable, and by the Authoritie of Pope EVGENIVS the third, (as Cambden confesseth) placed there Canon Regulars; he yeelded the inuestiture of Bishops, and intertayned most honourably Pope INNOCENT the second, and caused him to be admitted through out all France. He wrote a letter to Pope PASCHAL, which Fox setteth downe, and giueth him this Title. To the venerable Father PASCHAL chiefe Bishop; and at the same time (as the same Fox relateth) he wrote another letter to the said Pope demanding the Pall for Gerard Arch-Bishop of Yorke. King HENRIE the second, though for a time he contended with Pope ALEXANDER the Third, yet after the [Page 112]death of S. THOMAS of Canterburie, Fox. pag. 227. Coop. an. 1072. Bal. cent. 3. cap. 4. Houed. par 2. Annal. pag. 677. he permitted Appeales to the Pope, and submitted him selfe and his Kingdome vnto his pleasure. King RICHARD surnamed Coeur de Lion, sonne to HENRIE the second, wrote a letter to Pope CLEMENT the second, with this Title: To his most Reuerend Lord and Blessed Father by the grace of God CLEMENT chiefe Bishop of the holy Apostolick Sea. and a little after: The factes of Princes (saith he) haue better successe, Houed. pag. 706.when they receaue assistance and fauour from the Sea Apostolick. Matth. Paris. & Houed. an. 1190. And so whē this King went to the holie Land, he left the care and gouernement of his Kingdome vnto the Sea Apostolick. King HENRIE the third, when the Pope sent a Legate into England (as Matthew Paris relateth) met the Legate at the Sea coast, Matth. Paris pag 589. Fox. act. pag. 287. and bowing his head to his knees, conducted him: and after writing a letter to Pope INNOCENT, he callethe him most holy Father, and Lord, and Chiefe Bishop, and offreth Kisses to his blessed feete. King EDWARD the thiad writing a letter to the Pope, walsing. pag. 150. which Walsingham serteth downe, saieth, That it is heresie to denie the Popes iudgement praesidere omni humanae creaturae. to preside ouer all humane creatures. The same King writing to Pope CLEMENT vseth this submission. To his most holy Lord Clement by the diuine prouidence Chiefe Bishop of the sacred Romane and vniuersall Church, Edward by the Grace of God King of France, and England, and Lord of Ireland, deuout kisses of your blessed feet. And the same King, and all his Nobles anno 1343. [Page 113]assembled in the Parlament at VVestminster, in a letter written to the Pope, Fox Act. pa. 383. which Fox setteth downe, calleth him Head of the Holie Church. King HENRIE the sift, that warlike and victorious Prince, sent his Embassadours to the Councell of Constance called for the condemnation of VVickleph, Stowe. an. 1416 and there demanded and obtained that England might be called a Nation, and one of the fower Nations, that owe deuotion to the Church of Rome. Fox Acts pa. 799. Georg. Lilius in Chron. an. 1506. King HENRIE the seuenth anno 1506. sent three solemne Oratours to Pope IVLIVS the second, to yeeld his obedience according to the manner vnto the Sea of Rome. Yea King HENRIE the eight in the yeare 152 [...]. dedicated his boke against Luther to Pope LEO the tenth, which booke I haue seene signed with the Kings owne hand in an English Caracter, for which the Pope gaue him, and his successours, the Title of Defendour of the faith. That he acknowledged the Pope his Pastour, appeareth by this, that at first he made sute to him for a separation from Queene CATHERINE, but when he perceaued he could not obtaine his sute, then, and vpon that occasion onlie, he exiled the Popes Authoritie, and made him selfe Head, and the first Head of the Church of England, as may appeare by that, which I haue saied of the knowen respect the Kings of England euer before bare to the Pope, and the Apostolicall Sea.

14. Seuenthlis, I prooue this by the ancient [Page 114]Ceremonies of kissing the Popes feete, and other Homage, which no good Christian, though a King or Emperour, hath euer disdained, fulfilling therein the prophecie of Esay: Quam speciosi pedes Euangelizantis pacem? How beautifull are the feet of him that Euangelizeth and preacheth peace? Esay. 52. And following therin the example of the three Kinges, Matt. 2. who adored Christ; and of the prime Christians, who brought the price of their Lands to the feet of the Apostles: Act. 4. & 5. Act. 10. Phocius in Nomo. con. Cap. Constantinus. dist 96. Naucler. lib. 2. gener. 18. Blond. li. 10. Mart. Polonus & Platina in Steph. 2. S. Ansel. Luc li. 1. Collecta. Plat. in Adria. 1. Baro. to. 12. anno 1130. Platina in Eugenio IV. and of Cornelius, that fell at Peeters feet. CONSTANTINE the Great, Greater for his humilitie, then for the greatnes of his victories and Emperie, honoured the Pope as his Pastour, and superiour, and bestowed great temporall honour and Regalities vpon him. IVSTINIAN the Great in the yeare 535. adored AGAPETVS Pope. IVSTINIAN the second crouching to Pope CONSTANTINES the first feete, embraced him. King PIPIN going to meete Pope STEEVEN, who was going to him into France for helpe, kissed his feet, and ledd his horse by the bridle into the Court and pallace. CHARLES the Great would not be hindred by Pope ADRIAN the first from kissing his feet, as Platina writeth. LEWIS King of France, and HENRIE the second King of England kissed humblie the feet of INNOCENT the second. SIGISMVND the Emperour in the Councell of Constance worshipped Pope MARTIN, prostrate vpon the ground. ALBERT Emperour of the West, and IOANNES PALEOLOGVS [Page 115]Emperour of the East, vsed the same submission to EVGENIVS the fourth in the Councell of Florence.

15. By this which hath bene said, who is of so little insight, that seeth not, how Princes are, and ought to be subiect vnto the chiefe Bishop, and highest visible Pastour of the Church, which if Princes also could see (as their conceipt of their owne Authoritie many times hindreth them from seeing) they would not encroach vpon the Church as they doe; they would not contemne her lawes, but honour them as Oracles; they would not despise the Churches Pastours, but would as the auncient Christian Princes were wont to do, honour them aboue all terrene Potentates.

16. And would to God our noble soueraigne King IAMES had bene trained vp in the schoole of Christs Catholike Church, in which our ancient Kings his Predecessours learned their dutie towards the Pope; that rare and deepe iudgement of his would neuer haue permitted him to thinke a Temporall King as great as the Pope, In praf. monitor. pag. 5. to whom his Predecessours subiected their persons, Kingdomes, Crowns, and Scepters, it would neuer haue sunke into his learned head, that the Pope should be Antichrist, and consequentlie all his Predecessours the Kings of England, yea of Christendome, so wise, so pious, so warlike, so victorious, worshippers and fauourers of Antichrist: he would neuer [Page 116]haue incited the Emperour and Christian Princcs, In praef. monitor. to curbe him, restraine him, and to diminish that his Authoritie, which not they, but Christ gaue him, by which he hath put the crowne vpon many an Emperour and Kings head, by which all Christian Kinges, and their Kingdomes haue bene maintayned in Religion, wealth and prosperitie: against which Authoritie, no temporall stares haue long preuailed, but like waues against the Rocke, by persecuting it, haue wasted and ruined them selues: which Authoritie was not giuen him, ex prima intentione, to take away temporall Kingdomes from any, (vnlesse by euill comportement they make them selues vnworthie of all rule and humane societie) but rather to conserue them, and to adde vnto them a new Crowne and Kingdome of Heauen, for, non eripit mortalia qui regna dat Coelestia, he that giueth to man heauenlie thinges, goeth not about to take away from him those that be earthlie. Imploie then (ô noble soueraine) your rare witt, power and force to defend and protect this Authoritie, not to impugne it, shew your self worthie that Title of a Defendour of the faith, which was giuen to your Predecessours by the Sea Apostolick, not for impugning, but for defending her faith and Authoritie. Seeke not to sacke and rase that Citie, which is built vpon a Rocke; Thinke not to preuaile against that Church, against which all the persecutions, [Page 117]schismes, and heresies, that haue beene raised against her, no, nor the forces or gates of Hell, could hetherto, or shall euer here after preuaile. Seeke not to sinke the shippe, which PETER ruleth, and at whose sterne CHRIST him self sitteth: It may be by Gods permission, tossed with windes, waues, and Tempests, but it can neuer be drowned; for as Pope GREGORIE the ninthe once tould an Emperour that thought by humane force and policie to sincke her: Cuspinianus in Frederice.

Niteris incassum nauem submergere PETRI:

Fluctuat; at nunquam mergitur illa ratis

Thou striu'st in vaine S. PEETERS ship to sinke:

Floate may it well; to drown it, neuer thinke.

CHAPTER VI.

That Princes, Kings, yea Emperours haue no authority to gouerne the Church, or to make Ecclesiasticall lawes, neither to be accounted heads or Superiours, but subiects of the Church, though protectours and defendours; and therefore are modestly admonished of their duty and office.

1. ALmightie God, as he hath instituted two powers, terrene, and spirituall, Ciuill and Ecclesiasticall, and hath distinguished them in Natures, obiects, functions, & [Page 118]ends, so to auoid confusion, he hath placed them in diuers subiects. The terrene power he hath giuen to Princes and Magistrates, the spirituall and Ecclesiasticall to Priests, Prelats, and Pastours, as aboue we haue seene. For although there be no such naturall repugnancie, but that these powers may consort in one, Ep. 126. ad Euag. and the selfe same person (for as S. HIEROME sayth; in the law of Nature the first begotten of euerie familie, were Priests and Temporall Lords, Melchisedech also, and Moyses, and the Machab [...]et were Priests and Princes) yet it is most conuenient that these two powers should be separated; the King and Prince, by reason of his warres and Temporall Affaires, wherwith he is intangled, being not so apt to menage matters of the Church and Religion, the Prelate and Pastour being by office obliged to attend to diuine matters, from which the menaging of common wealthes affaires would much distract him. And therfore as the Church came to greater perfection, Num. 27. so were these offices giuen to distinct officers. For IOSVE was made Captaine and Commander in Temporall things, 2. Paralip. 19. ELEAZAR, was the High Priest, and chiefe in matters of the Church. AMARIAS the High Priest commanded, in his, quae ad Deum pertinent, in matters pertaining to God, and ZABADIAS was deputed to the gouernment of those thinges that appertained to military affaires. And so from the first establishing [Page 119]of the law of Moyses, the Temple and Synagogue was committed to the Tribe of LEVI, the scepter and regall Authoritie was giuen to the Tribe of IVDA; in like sort in the law of Grace, when the Church came to her greatest perfection, Christ appointed particularly Apostles, Doctours, Ephes. 4. and Pastours to gouerne the Church; and confirmed Princes in their temporall Authoritie, commanding that obedience should be giuen to the Pastour in spirituall matters, and to the Prince in temporall. Mat. 22 Rom. 13

2. VVherfore least in giuing one of these Potentates too much, Mat. 22 I may do iniutie to the other, I must follow our Sauiours Commandement, and so giue to Cesar that which belongeth to him, that I take not from God and his Church, what appertaineth to them. And although in giuing both but their due, I may perchance displease one, yet if I may haue that indifferent audience, which the grauitie and equitie of the cause requireth, I hope to offend neither: and how soeuet it happen, I had rather displease, then do wronge or iniurie. And wheras in our Iland, by the sway of Authoritie and terrour of lawes, it hath bene made High Treason to denie the Prince Authoritie in matters Ecclesiasticall I protest, that what I shall say in this matter proceedeth not from any disloyall minde towards my Princes true Authoritie, nor from any itching desire I haue to lay open [Page 120]the disgrace of my Countrie, which I would rather couer, if it were possible, with my owne life and bloud, and to discharge my self from all iust imputation of Treason, I desire to haue the leaue, to plead this onlie for my defence that if this be Treason in mee, not onlie all Catholick Priests, Doctours, and Prelates of the Church, but also all the ancient subiectes, not onlie of England, but of all other Christian Countries, must incurre the same imputation with me, because there was neuer Christians before our English Protestants, that gaue Ecclesiasticall power to Princes, and there was neuer King of England, or of any other Countrie what soeuer, that euer was so hardie, as to challenge such Authoritie, before King HENRIE the Eight; which his Challenge seemed so preposterous and monstrous, that all the World stood, and to this day standeth, amazed at it, and euen our Puritanes at home, and all the new sectes abroade, do abhorre and derest it. And I in this Chapter shall bring such Argumentes against it, that I hope, that euen our English protestants, who hitherto haue adored it, wil be ashamed hence forth to submitt them selues to so monstrous Authoritie.

3. My first Arguments shall be drawen from scriptures them selues. For if the King had any such Authoritie, then no doubt scripture (which [...]s aboue wee haue seene, [Page 121]so often inculcateth Princes Authoritie in matters temporall) would neuer haue kept silent this Ecclesiasticall power, if they had had any such, this being the greater, and more eminent: but scripture neuer giueth Princes this Authoritie, neuer commandeth Christians to obey them in Ecclesiasticall matters, but rather giueth that Authoritie to Apostles, Bishops, and Pastours, and Commandeth obedience in this kinde to them, not to Princes; ergo Princes haue no Authoritie to command in Ecclesiasticall matters. The Minor Proposition, in which onlie consists the difficultie, I proue out of those places of Scripture, which aboue I haue alleaged, and here will bring in againe, yet to another purpose. For to S. PETER, no Temporall Prince, but an Apostle, and Pastour, was promised the headship of the Church, and consequently the soueraintie and supreame power of the Church. Tues Petrus, & super hane Petram aedificabo Ecclesiam meam. Mat. [...]6. The Hebrew hath [...] Thou art a Rocke, and vpon this Rocke will I build my Church. And seing that to PETER it was sayd, Thou art a Rocke; to him also, and not to CHRIST the Chiefe and independent Rocke, nor to the faith of Christ, as our Aduersaries would haue it, it must needs be sayd, and vpon this Rocke will I build my Church, because the Relatiue, This, hath relation to him, that was spoken of imediatly before, which was only PETER, not CHRIST, [Page 122]nor the faith of CHRIST; and therfore the Rocke, and foundation of the Church and Head being all one, it followeth that PETER, and consequently the Pope his successour (for the Church after PETERS tyme, had as much neede, or rather more, of a Head and Pastour, as in PETERS tyme, and none euer practized Authoritie ouer all the Church, but the Pope, as all Councels and histories do witnesse) is the supreme Head of the Church, and so not euerie King, no, not any King in his Kingdome. Apostles, Prophetes, Euangelists Pastours and Doctours onlie, CHRIST gaue to gouerne his Church, (as S. PAVLE sayth) not Princes: Ephes. 4. Mat. 18 To Apostles it was sayd; VVhat soeuer you shall binde vpon earth, shall be bound also in Heauen; and what soeeuer you shall loose vpon earth, shall be also loosed in heauen: Ioan. 20 Neuer to Princes. To Apostles it was said: VVhose sinnes you shall forgiue, they are forgiuen them; and whose you shall retaine, they are retained: Neuer to Princes. Of Bishops and Priests it was sayd: Neb. 13. Obey your Prelates, and be subiect to them; for they watch, as being to render account for your soules: of Princes neuer; rather they by these wordes are commanded, also to obey. Act. 20. To Bishops it was sayd. Take heed [...] to your selues, and the whole flocke, wherein the Holie Ghost hath placed you Bishops to rule the Church, which he hath purchased with his owne bloud, to Princes neuer. To a Bishop it was sayd: Tit. 1. For this cause I left thee in CRETE, that thou thouldst reforme the things, that are wanting, and [Page 123]thouldst order Priests by Cities, as I also appointed thee; To Princes neuer.

4. I will not denie but that Princes are to assist the Church by sword, scepter, and Power, and to punnish at the Churches direction, not onlie Theefes and murderers, but also Hereticks as CONSTANTINE and other Emperours did, I graunt that they are nourcing Fathers, Isay. 49. but no Superiours to the Church. And therfore if we read ouer both the old and new Testament, we shall neuer finde, that any King, as King, medled in the gouernment of Ecclesiasticall persons and matters.

5. Bilson when he was VVardon of VVinchester, wrote a booke called The True Difference betwixt Christian subiection and Vnchristian Rebellion: in which he striueth, but in vaine, to prooue that the Prince hath supreme Authoritie in causes Ecclesiasticall, and gouernment of the Church. And to prooue this, he citeth Nabuchodonosor, Darius, Par. 2. pag. 191 the King of Niniue, Moyses, Iosue, Dauid, Salomon, Asa, Iosaphat, Ezechias, Manasses, Iosias, and Nehemias, as though they had gouerned the Ecclesiasticall affaires of the Synagogue. In Tortura Torti pa. 363. So doth also D. ANDREWES. But if I should graunt them that all these were by God appointed Rulers of the Synagogue; yet could it not thence be inferred that Princes are to gouerne the Church of Christ. For first the Synagogue was more terrene and Lesse perfect then the Church; and so as their sacrifices [Page 124]and Priests were terrene in respect of ours, so God might haue giuen them terrene Princes for their chiefe Ecclesiasticall superiours, which manner of gouernment is not to be made a patterne for the gouernment of the Church of CHRIST, this being a more perfect common wealth, more spirituall, gouerned by more spirituall Pastours, enriched with a more spirituall sacrifice and Sacraments. Secondlie, if Princes then were rulers of the Synagogue, it was by Gods speciall and Indiciall law, and seing the Iudiciall and Ceremoniall lawes are abrogated, they can not binde Christians; or if Bilson will needs haue it, that Christian Princes must now gouerne the Church, because they then ruled the Synagogue, one might inferre that the Ministers of England must be circumcized, and must offer Caldes, because then the Iewish Priests did so. VVherfore that law as Ceremoniall and Iudiciall, being abrogated, we must looke to the new law; in which not withstanding there is no one Text or example, that giueth Princes the rule of the Church. Thirdlie I answere that none of all the Kings alledged by D. Bilson and D. Andrewes did gouerne the Synagogue in Ecclesiasticall matters, but did onlie assist the priests, that gouerned and punnished Malefactours and transgressours of the law, Suarez. according to the prescript of the law interpreted by the Priests, as Suarez in [Page 125]his answere to our soueraine hath learnedlie declared.

6. The second argument against Princes spirituall supremacie shall be this. If a Prince hath authoritie to gouerne the Church of his Kingdome, either he hath it preciselie because he is a King, or because he is a Christian King; but by neither of these waies he hath it; ergo by no way he hath it. Not because he is a King; for Kinglie power only medleth with temporall and humane matters, and therfore Kings are called Humanae Creaturae, 1. Petri. 2. humane creatures, and they haue their authoritie from the people in manner afore sayd, which people can giue no Ecclesiasticall power, that being spirituall and supernaturall; yea if Kings as Kings had this Authoritie, then the Kinges which raigned in the Apostles time, though Infidels, should haue been Heads of the Church, although they were no members at all, and consequentlie NERO should haue been Head of the Church, and all the Apostles, and the sheepe of Christ had bene committed to a Rauening Wolfe; which though it be most absurd to imagine, yet TOMSOM, as BECANVS in his booke entituled the English Iarre reciteth, is not ashamed to auouch, it saying: Omnes Principes etiam Pagani obiectiuè habent supremam potestatem in omnes omnino personas suorum subditorum, generatim in res ipsas, siue ciuiles sunt, siue sacrae, All Princes, euen Paganes, obiectiuelie haue supreme [Page 126]Authoritie ouer all the persons of their subiectes, and generallie ouer their goods, whether they be Ciuill or holy. Not because he is a Christian King, because Baptisme, by which he is made a Christian and member of the Church, giueth the King no new power, no more then it doth to others that are baptized: And therfore if before Baptisme he be no Head of the Church, neither is he after Baptisme, rather Baptisme, as aboue we haue seene, maketh him a subiect to the Church, wheras before he was not, and only giueth him a new charge to obey, serue, and assist the Church. VVherby it may appeare how fowlie Doctour ANDREWS was deceiued when he sayd, That an Ethnick King, when he becommeth a Christian, gaineth and getteth a new right and power ouer the Church and Spirituall matters: for these are his wordes: Quin Rex quiuis, Tortura Torti pag. 40.cum de Ethnico Christianus fit, non perdit terrenum ius, sed acquirit ius nouum in bonis Ecclesiae spiritualibus. Yea euery King when of an Ethnike he becometh Christian, doth not loose his terrene right, but getteth a new right in the spirituall goods of the Church. And Citing Bellarmine he sayth: Omnia haec Dominus tuus totidem verbis; All those things thy Master (Bellarmin) in so many words affirmeth: Bollar. lib. 5. de Pont. ca. 2. & 3. as though Bellarmine had affirmed that a Pagan King were Head of the Church, and had right and power in spirituall matters, whereas Bellarmine is too learned to make so grosse an errour, and only affirmeth That [Page 127]Pagan Kings, are true Princes and Lords of their Countries.

7. But perchance they will say that the Prince hath this Authoritie by a speciall Graunt from God him self. This they may say, but with how little reason, may appeare by that, which alreadie I haue handled in this Chapter; for I haue prooued out of scripture, that Christ gaue all Authoritie concerning the gouernment of the Church to his Apostles and their successours, and not any at all to Kings and Princes. VVhich because our state pleasers perceaued well enough, they are enforced to play the Iewes, and to alledge examples out of the old law, as D. Bilson and D. ANDREWS do, which examples not witstanding, as I haue shewed, do not firt their purpose; for they knew, and D. ANDREWS confesseth (saying, Exemplum inde nobis snmendum est, Tortura Torti pa. 363.cum in Testaemento nouo nullum habeamus. Thence wee must take an example, since in the new Testament we haue none) that there is not one text or example in the new Testament that giues Princes any power ouer the Church, but rather giueth it from them vnto the Pastours.

8. Thirdlie if Princes were supreme Commanders in Ecclefiasticall matters, and gouerment of the Church, the gouernment of the Church should not be Monarchiall which yet is the best gouernment, Aristo [...]. l. 8. Eth c. 1 [...] Plato in Poli. Senec. lib. 2. de Benef. Plut. in opusc. [...]a de re Homer. 2. Iliad. Iustorat. ad gent. Athan. orat. ad Idola. Gypr. lib. de vanit. Idolorū. Mat. 16. Ioan. 21. as Aristocle with all the best Philosophers, and auncient Fathers do affirme, and was in deed chosen [Page 128]by Christ for his Church, as the writers of this time prooue out of scripture, and especiallie out of those wordes spoken to S. Peter. Thou art Peter and on this Rocke, will I build my Church; and those also: Pafce oues meas, seede my sheepe, but rather. if Kinges were euerie one head of the Church in their Kingdomes, the gouernmēt of the Church, should be Aristocraticall, because the Church should be gouerned by diuers Princes which were most inconuenient in the Church, and subiect to schismes and tumultes. For if euerie King be supreme Head in his Kingdome, when a Generall Councell should be called (as his Maiestie of England desireth) I demand who should call it? The Emperour? the Kinges of England, Spaine, and France, though they giue him precedence in place and honour, yet they pretend by prescription and other Titles to be quite exempt from him, and subiect to none in temporall matters; And seing that this supremacie in Ecclesiasticall matters, either is not distinguished from their Regall Authoritie, or is necessarilie annexed vnto it, as they refuse to be subiect in temporall matters, so might they in Ecclesiasticall. The King of England? Why he rather then the King of France? The King of France? why he rather then any of the others? Yea if these Kings pretend not to be subiect to the Emperour, much more may they claime exemption from one anotherr.

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9. If any answere that by Common consent they may either choose one to call the rest, or being all equall, they may meete altogether in one; neither will this serue: For as for the first meanes, it is morally impossible, because Kinges, who haue high aspiring mindes, would neuer be drawen to subiect them selues to any, and so whilst euerie one would be Chiefe, none should be Chiefe. The second meanes is as impossible for first, where shall they meet? Certes no King will easilie leaue his Kingdome; and so euerie one would be desirous to haue the Councell in his Countrie, yea euerie one would refuse to haue such a meeting in his Kingdome for feare of daunger. But suppose they meete, when they are mett how shall they agree, especiallie they being commonly of diuers Religions? for if a King, in that he is a King, is to iudge in matters of the Church, euery King hath right to be of this Councell, and so the Turke, the Persian, the Muscouite, shall haue place in this Councell. If you say that not euerie King, but onely Christian Kinges are Heads of the Church in their Kingdomes; then at least Catholick, Lutheran, and Caluinian Kinges, must be of the Councell; and how shall these agree, who shall moderat, seing there is no more reason of one then another? If you say that Bishops must be the Men, that must make Decrees, and Canons, and conclude all in [Page 130]this Councell; This they cannot do without Kinges, if euerie King be supreme Head in their Countrie: and therfore it was enacted accordinglie in the Parlament holden by King HENRIE the Eight, in the twenty sixt yeare of his raigne, That he should be reputed supreme Head of the Church of England, and should haue all the honours, Authorities, and commodities belonging there vnto; Amongst which honours the Principall, and that which is necessarilie annexed vnto the Headship of the Church is to call Councels, and to sitt as Chiefe Iudge in them. See Poulton. [...]n his Abridgemēt of the statutes. Sander. de Schis. Angl. And Queene ELIZABETH had also graunted vnto her by a Parlament in the first yeare of her raigne, all power for the correction and reformation of the Clergie, for the iudgements and punishmēts of schismes and heresies, for nominating of Bishops, and for calling of Synods, and that with such ample Authoritie, that nothing should be decreed in any Synod with in the Realme, without expresse licence, and consent of the Queene: And if the Bishops in the Councell agree not, as I see not how they can, if there be no one amongst them, that can command, who shall be the man, that shall take vp the matter amongst them? If you say the Kings, I demand, who shall beare the sway amongst them? And so to make Kinges Heads of the Church in their Kingdomes, is to hinder all Generall Councels, which yet [Page 131]heretofore haue been so oft assembled by the Authoritie of the Pope, to the great profit, peace, and vnitie of the Church.

10. Fourthlie, if Princes in that they are Princes, or Christian Princes, were Heades of the Church in their Realme, then Children might be Heades of the Church, yea and women also, for they are capable of Regall Authoritie, wheras not withstāding the Wiseman pronounceth a vae & curse to the land whose King is a Child. Ecclesiastes 10. And much more woe it were to a Church, whose head is a Child. Surely S. PAVL, 1. Cor. 14 that commands women to be silent in the Church, would neuer haue permitted such to gouerne the Church. And yet after King HENRIE had arrogated this monstrous power (in a King) to make it ridiculous to the world, God permitted that next after him a Child came to be King, & the Head of the Church of England, and next but one after the Child, a womā succeeded also in the like authoritie.

11. Fiftlie, to make enerie King supreme Head of the Church in his Kingdome, destroyeth the vnitie of the Church, for wheras there are three especiall, and essentiall Vnities in the Church, to wit, Vnitie of Head and one gouernment, Vnitie of one faith, Vnitie of the same externall profession and worship of God by the same rites and Sacramentes; If we receaue euerie Prince in his Realme for Head of the Church, these three Vnities can not long [Page 132]be conserued. For as for the first Vnitie, though our Aduersaries would say, that it may well be conserued in CHRIST, who is the principall, and onely principall, and absolute Head; yet because CHRIST is now ascended to his Father, and conuerseth no more visibly amongst vs, besides him the Church, which is a Visible Congregation and bodie, standeth in neede of a visible Head, else should she be visibly headlesse and imperfect. And therfore as scripture hath declared CHRIST for our soueraine and invisible head: Ioan. 10 Vnum ouile, vnus Pastor. One fould, Ephes. 1.one Pastour. And againe: Ipsum dedit caput supra omnem Ecclesiam. God the Father made him head ouer all the Church, which is his bodie: So doth scripture, and CHRIST him self in scripture, point out another vnderhead, and visible Pastour, Mat. 16. saying: Thou art Peter, and vpon this Rocke will I build my Church; and againe. Pas [...]e oues meas▪ feede my sheepe, that is all Christians; Ioan. 21 and so PETER was in his time, and his successour the Pope, now is Chiefe Head and visible pastour ouer all Christians, and consequentlie ouer all Bishops, euen in a Generall Councell, vnlesse they will denie them selues to be the sheepe of Christ. And this Vnitie was necessarie to conserue the other Vnities of faith, and eternall profession and worship of God by the same Sacramētes. For diuers visible Heades would not so easilie agree amongst them selues, it being a naturall thing for mē, in equall authoritie, [Page 133]to striue to drawe all to their partie. Whereupon S. CIPRIAN sayth: Cypria. lib. 4. ep. 9. lib. 1. epist. 8. lib. de vnit. Eccl. That the Church is Plebs suo sacerdoti adunata. The people vnited to their Priest. And that Non aliunde natae sunt haereses, aut orta schismata, nisi quod vni sacerdoti Dei ab vniuersa fraternitate non obtemperetur. Not from any other source heresies or schismes are risen, then for that obedience is not giuen to one Priest of all the fraternitie. For why? Exordium ab vno proficiscitur, & Primatus Petro datur, vt vna Christi Ecclesia, & vna Cathedra monstretur. The beginning is taken from one, and the Primacie is giuen to PETER, that one Church and one chaire may be shewed. Cypr. ep. ad Iubaianū. Hier. lib. 2. contra Iouin. And in his Epistle to Iubaianus: Ecclesia, quae vna est, super vnum, qui Claues accepit, voce Domini fundata est. The Church which is one, is by the voice of our Lord founded vpon one, who hath receiued the Keyes. And S. HIEROME sayth; Inter duodecim vnus eligitur, vt capite constituto, schismatis tollatur occasio. Amongest twelue one is chosen, that the Head being appointed, the occasion of schisme may be taken away. But if we admit euerie King as Head of the Church in his Kingdome, we shall not haue one visible Head, but manie, and those also verie diuers. For as Kings claime supremacie in causes Ecclesiasticall, because they are supreme Princes, for the same reason may the senate in Venice, Genua, and Geneua challenge the same Authoritie: Whence followeth, that vnitie in faith and Sacraments vnder so diuers Heads, cannot any long time be retained; but we should haue as many Religions, as [Page 134]Kings, and as many diuers and independent Churches and Kingdomes for one King will not depend either for him selfe, or his people of an other.

12. This diuision we see alreadie proceedeth from these diuers Heads. Haue we not seene how Religion in England hath changed with our Kinges, since they challenged supremacie of our Church? King HENRIE the Eight in the six and twentith yeare of his Raigne, in the Parlament holden at VVestminster, the third of Nouember 1534. enacted that the King should be reputed the onlie supreme Head in earth of the Church of England, and should haue aswel the Title and stile, as all honours, authorities, and commodities belonging thervnto, and all power also to redresse all Heresies, errours, and abuses in the same: and the yeare before also, the fiftenth of Ianuary, the King and Parlament decreed. That no Appeales should be made to Rome, no Annates or Impositions should be paied to the Bishop of Rome, no sutes should be made to him, for licēre or dispensation. And yet in the Parlam̄et holden at Westminster anno Domini 1554. the first and second yeare of King PHILIP and Queene MARIE, obedience was restored to the Church of Rome, and all statutes repealed, which derogated to the Authoritie and honour of the Sea Apostolick, and the Title of the Kings supremacie in causes Ecclesiasticall was reiected. After this notwithstanding was the same Authoritie taken againe by [Page 135]Queene ELIZABETH in the Parlament Anno Domini 1558. Anno 1. regni Elizab die 13. Ian. Likewise in the Parlament holden by King HENRIE the Eight in the one and thirtith yeare of his raigne, and eight and twentith of April, and in the yeare of our Lord 1537. these six Articles were enacted: The Six Articles. The Reall presence of the true and naturall Bodie and bloud of Christ vnder the formes of bread and wine, without the substance of bread and wine. 2. That Communion vnder both kindes, is not necessarie for the people. 3. That Priests cannot marrie after Priesthood. 4. That Religious after their vowes cannot marrie. 5. That Priuate Masses are according to Gods law, and to be allowed 6. That Auricular Confession is expedient, and necessarie. And yet this statute was qualified and repealed by EDWARD the sixt his sonne, and as yet a Child, in the yeare of our Lord 1547. 4. Nouemb. and first yeare of his raigne: After that againe the self same six Articles were receiued and confirmed in Queene MARIES raigne in the first Parlament an. Domini 1553. 24. Octob. and in another an. Domini 1554. Likewise King HENRIE the Eight, in the Parlament holden the 22. of Ianuary and 34. of his raigne in the yeare of our Lord 1542. condemned Tindals Translation of the Bible, and all bookes written against the Blessed Sacrament, and forbad the Bible to be redd in English in any Church, which statutes were repealed by King EDWARD at VVestminster an 1. Edu. 6. Domini 1547. And yet the former statute of King HENRIE, [Page 136]was renewed by Queen MARIE in the first yeare of her raigne an. Domini 1553. and repealed againe by Queen ELIZABETH in the first yeare of her raigne. So that if Kings be heads of the Church, and haue supreme Ecclesiasticall Iurisdiction, we shall haue as many Religions almost, as Kinges. And euen as King HBNRIE the Eight after his vsurpation of the supremacie, changed his wiues, and made his mariages lawfull and vnlawfull, his children legitimat and illegitimat at his pleasure, and by Authoritie also of the Parlament, which durst not gainesaie; so euery King shall haue authority to change religion, and must be obeyed as the onlie supreme Head in earth of the Church For as King HENRIE the Eight, and his young Sonne King EDWARD, and his Daughter Queene ELIZABETH challenged Authoritie to redresse errours, and correct heresies, to giue validitie to all Ecclesiasticall lawes and Synodes; as King HENRIE made it Heresie to denie the Reall Presence, so another King of England, or of another Kingdome, may decree the contrarie. As King HENRIE forbad Priests to marrie; so another King will permit them to marrie. As King HENRIE commanded the Bibles to be read, and diuine seruice to be sayd, and song in Latin; so another will like better of the vulgar tongue of his owne Countrie: and if you say, that the King is tyed to the word of God, euerie one of [Page 137]them will say, that they follow the word of God, hauing the Authoritie to iudge of heresies, and consequentlie of the true meaning of the word of God.

3. Sixtlie, if Princes were Heads of the Church, a ridiculous consequence, and of which euen the Kinges and Queenes of England haue bene ashamed, would follow; to wit, that they may preach, minister Sacramentes, excommunicate, call Councels and sit as iudges in them &c. For if the Prince be supreme head, he is also supreme Pastour of the Church of his Kingdome; for Head and Pastour in this kind is all one. In Tortura Torti. And this D. ANDREWES graunteth and prooueth by the example of DAVID, to whom the people sayd, That God had sayd vnto him: Tu pafces populum meum Israel. 2. Reg. 5Thou shalt feede my people of Israel. VVheras there only mention is of a Temporall Pastour, gouernment, and feeding as appeareth by the words following: Tu eris Dux super Israel. Thou shalt be Captain ouer Israel. Gen. 45. And in this sence IOSEPH said: Ego te pascam. I will feede thee, meaning his father IACOB. So that if the Prince be Head of the Church, he is Pastour; but it pertaineth to the office of a Pastour to gouerne his sheepe by lawes, to feede them with bread of the word of God, Matt. 4. by which the soule liueth, and the Sacraments, to seuer an infected sheepe from the flocke, by excōmunication, least it infect the whole; and consequentlie, if the King be supreme [Page 138]head, he may make Ecclesiasticall lawes, propose the word of God by preaching, and true interpretation of it in Councels, separate heretikes from the sheepefould by excommunication, least they peruert others. Yea, if the Prince be supreme Head of the Church, all Authoritie of preaching, administration of Sacraments, calling Councels, iudging, and defining in them, collation of Benefices, giuing of orders, Iurisdictions, absoluing dispensing, excommunicating proceedeth from him. VVherefore King HENRIE the Eight, as he challenged the Title of supreme Head, so he challenged almost all this Authoritie, as we haue seene. And to Queene ELIZABETH in the first Parlament, and first yeare of her raigne, the like authoritie was graunted. Vide Sander. de Schis. Angl. fol. 149.150.151 See also Poultons Abbridgement of the statutes. For in that Parlament it was decreed, that she, her heires, and successours should haue all priueledges, preeminences, prerogatiues, and spirituall superiorities, which may be exercised, or had of any power, or man Ecclesiasticall: That she, and her successours, should haue all power of nominating and substituting whom she will to correct heresies, schismes, abuses, and to vse all authoritie, which an Ecclesiasticall Magistrate may doe. There also it was decreed, that no Synode shoulde be called, but by the Princes letters and commandement, and that a Bishop should not be nominated or elected by any other, then the Princes Authoritie, nor should exercise any Iurisdiction, but at the Queenes pleasure, nor otherwise then [Page 139]by Authoritie from her Regall Maiestie. And hence it is, that the Prince writeth to the Archbishop in this manner: For as much as all Iurisdiction, as well Ecclesiasticall, as secular, proceedeth from Kinglie power, as from the Head; we giue thee Power to promote by these presents to holy Orders &c. And the Archbishop of Canterburie vseth this stile: VVe N. by the Diuine permission Archbishop and Primat of England authorised sufficientlie by the Kinges or Queenes Maiestie &c. This argueth that in England all Ecclesiasticall Iurisdiction to excommunicare, absolue, to preach, and minister Sacraments, to call Synodes, to decree in them, to make Ecclesiasticall lawes &c. proceedeth from the Prince, as from the Head and fountaine; and consequentlie seing that what Authoritie the Prince giueth to others, he hath him self, hee may excommunicate, make Ecclesiasticall lawes, call Councels, sitt as supreme Iudge in them, as others by his Authoritie doe. And seing he can giue to others Iurisdiction to giue Orders, he may also minister Sacraments, preach, and teach; for this Authoritie he giueth to others. And therfore as in all Common wealthes, the Prince can do those thinges, which his inferiour Officers do, though it be not alwaies so conuenient; so, if all Ecclesiasticall power proceedeth from the King as from the Head and fountaine, looke what the Bishops and Ministers can do by Authoritie receaued from [Page 140]him, that he also him self may do; which yet is so ridiculous, that our Princes hitherto haue bene ashamed of manie of those offices; and as we shall see anon, euen the Protestants of England, when they are pressed, are ashamed of this monstrous Authoritie.

14. Seuenthlie if Christian Kings (for few of our Aduersaries dare say that Pagan Kings haue Ecclesiasticall Authoritie) be heads of the Church; it followeth that till CONSTANTINE, or PHILIP, the first Christian Emperours, the Church was without a head for three hundred yeares. If you say that S. PETER, and his successours were heads till CONSTANTINE, then I demaund, who deposed Pope SYLVESTER, when CONSTANTINE came to be Christian, and consequently Head? or if S. SYLVESTER was not deposed, then it followeth that there were two Heads at once, and those not subordinate.

28. Eightlie I prooue this, by Kings and Emperours Confessions. And as towching Kings, wee haue seene their Confessions in the former Chapter. As for Emperours, CONSTANTINE (as we haue seene) called the Bishops of the Nicen Councell, Ruffinus li. 1. cap. 2. Euseb. lib. 4. de vita Constāt. cap. 24. his Gods and Iudges; and as Eusebius reporteth he was wont to say to Bishops: Vos ô Episcopi, intra Ecclesiam, ego extra Ecclesiam à Deo Episcopus constitutus sum. You, ô Bishops, in affaires with in the Church, I in matters without the Church am appointed [Page 141]pointed Bishop by God. Meaning that he was to be a vigilant Prince, in the gouernment of the Empire, but not to meddle with Ecclesiasticall affaires. And therfore when the Donatists in a matter pertaininge to the Churches deciding, appealed from a Councell of Bishops holden by Pope MEICHIADES, vnto him; Non est ausus (saieth S. August. epi. 162. Augustin) Christianus Imperator sic eorum tumultuosas & fallaces quaerelas suscipere, vt de iudicio Episcoporum, qui Romae sederant, ipse iudicaret. He durst not so to admit their complaints, as to Iudge of the Bishops who in Rome had sit in Iudgement. Yea OPTATVS saieth, Optat. lib. 1. cont. Parm. circa finem. That when he saw they appealed in such a matter vnto him, he exclamed: O rabida furoris audacia, sicut in causis Gentilium fieri solet, appellationem interposuerunt. O VVood mad audacitie of furie, they haue interposed an Appellation as is wont to be done in the causes of Gentils. Tortura Tort. pa. 174. VVheras Doctour ANDREWS saith that CONSTANTIN delegated the Bishops to heare the Donatists cause, I demande wheron he groundeth that? for if he might delegate, he might haue iudged of the Bishops sentence, and yet S. AVGVSTIN saieth he durst not, And although at last, ouercome by their importunitie, he heard them, yet not as Iudge, but as an Arbiter. THEODOSIVS the yonger sent Counte Candidianu [...] to the Councell of Ephesus With this caueat, That he should not meddle in Ecclesiasticall matters; because, illicitum est eum, qui non sit ex ordine sanctissimoram Episcoporum, sese Eccelesiasticis [Page 142]immiscere tractatibus; It is vnlawfull for him that is not of the order of most holy Bishops, to entermeddle him selfe in Ecclesiasticall treaties, and affaires. But Doctour ANDREWES answereth, Tortura Torti pa. 175. That it is no good Argument to say; A Count can not meddle in Councels, ergo an Emperour cannot. But he should haue remembred that this Count was sent to supplie the Emperours place, and therfore if he, as the Emperours Ambassadour, could not meddle in Councels, neither could the Emperour him selfe. He should also haue marked the Emperours reason, which was, because it is vnlawfull for him, that is not of the order of Bishops, to meddle in Ecclesiasticall affaires; which reason aswell excludeth the Emperour as the Count, vnlesse Doctour ANDREWES will make all Kings and Emperours Bishops. VALENTINIAN the elder saied, Sozom. 16 ca. 7. & 2.1. Sibi, qui vnus è laicorum numero erat, non licere se huiusmodi rebus interponere: It was not lawfull for him, who is one of the layitie, to meddle in such matters: And although Doctour ANDREWES would expound Zozomen (who reporteth this speech of the Emperour) by Nicephorus, Hist. Tri. part. lib. 7. c. 8. who reporteth the Emperour to haue saied; Mihe negotiis occupato, & Reipublicae curis distento, res huiusmodi inquirere non facile est; It is no easie for me, who am busied with businesses, and distracted with the cares of the Common wealth, to take notice of these matters: as though the Emperour had authoritie to meddle in Councels, but was not at leisure; yet the greeke [Page 143]word. [...], with Doctour ANDREWES leaue, Tortura Torti pag. 174. signifieth not facile but, fas, as he may see in BVDAEVS, and consequentlie that the Emperor meant that it was not lawfull for him to intermeddle in such matters. And this meaning NICEPHORVS his next words do argue When he sayth: Vos autem quibus haec procuratio mandata est: But you to whom this procuration is committed. The same meaning also do ZOZOMENVS his owne words following insinuat: Et ideo Sacerdotes & Episcopi, quibus haec curae sunt &c. And therfore Priests and Bishops who haue care of these thinges. So that the Emperour meant, that he could not onlie not be at leisure, but also that it was not lawfull for him to meddle in Councels. Yea he was so farre from intermedling in Ecclesiasticall matters, that when the Bishops assembled at Milan, desired him to nominate the Bishop of Milan; he wrote to the Bishops to choose such a one as to whom (said he) we that gouerne the Empire may incline our heads, because, saith he, supra nos est talis electio: such an Election passeth our Authoritie.

16. Ninthlie, This the ancient Fathers haue taught, and told euen Emperours to their faces. ATHANASIVS: Epist. ad soli. vitā agentes. Si istud est iudicium Episcoporum, quid commune cum eo habet Imperator? &c. If this belong to the Iudgement of Bishops, what hath the Emperour to do with it? And a little after. Quando à condito aeuo auditum est? quando Iudicium Ecclesiae Authoritatem suam ab Imperatore accepit? aut quando vnquam hoc pro iudicio [Page 144]agnitum est? Plurima ante haec Synodi fuere, multa Iudicia Ecclesiae habita sunt. Sed neque Patres istiusmodi res principi persuadere conati sunt, nec Princeps sein rebus Ecclesiasticis curiosum praebuit. VVhen from the beginning of the world was it hearde, when did the Iudgement of the Church take her Authoritie from the Emperour? Many Synods before these tymes haue been, many Iudgementes of the Church haue been giuen. But neither did the Fathers persuade the Prince to meddle in those matters, neither was the Prince so curious as to entermeddle in Ecclesiasticall matters. Yea in the same Epistle he addeth: Quis enim videns eum (Constantium) in decernendo,Ibidem.Principem se facere Episcoporum, & praesidere Ecclesiasticis iudiciis, non merito dicat, illum eam ipsam Abominationem desolationis esse? For who seing him (Constantius) making him selfe Prince of the Bishops in decerning, and bearing Authoritie ouer Ecclesiasticall Iudgements, may not worthilie say that he is the Abomination of desolation? And in that very Epistle he often tymes calleth CONSTANTIVS the Precursour of Antichrist, for arrogating Authoritie in Councelles, and ouer Bishops, and for entermeddling in matters appertaining to the Church. HOSIVS Cordubensis, Athan. Apol. pro fuga, purum ab initio. whom Athanasius calleth vere Osium, that is, a Saint, and of whom he giueth this commendation: In what Synode was not hee the Captaine and Ringleader? VVhom did not hee by defending the truth draw to his Opinion? VVhat Church doth not keepe the monuments of his Presidence? HOSIVS, I say thus highly commended by S. ATHANASIVS, being vrged [Page 145]by Constantius to communicate with the Arrians, and to subscribe against Athanasius, Athan. epist ad soli. vitam agentes. wrote vnto the Emperour in this manner. Beleeue mee (sayth he) who may be thy Grand father, I was in the COVNCELL of SARDIS, when thou and thy Blessed brother CONSTANS called vs thether &c. VVhat Bishop there, was banished? or when did he entermeddle him selfe in Ecclesiasticall Iudgements? And then he giueth th' Emperour this holsome Counsell, worthie to be followed of all Princes: Desine, quaeso, & memineris te mortalem esse, &c. Leaue of, I pray thee, and remember, that thou art a mortall man. Feare the day of Iudgement: Keepe thy selfe pure for that day. Do not entermeddle thy selfe in Ecclesiasticall matters, nor do thou commaund vs in this kinde, but rather learne those thinges of vs. God to thee hath committed the Empire, to vs he hath giuen the charge of thinges belonging to the Church: and as he who with maligne lookes carpes at thy Empire, contradicteth the diuine Ordinance; so do thou take heed, least drawing that which appertaineth to the Church vnto thy selfe, thou be made guiltie of a great crime, Giue, it is sayd, to Gaesar what belongeth to Caesar, and what appertayneth to God, to God. VVherfore neither is it lawfull for vs to holde the Empire in earth, neither hast thou, O Emperour, power ouer the sacrifices and holyes.Ambros. lib. 5. op. 32. ad Valens.These thinges I write for the care I haue of thy Saluation &c. S. AMBROSE hath manie notable sentences vttered by him with libertie and plainesse worthie such a Prelat. Writing to VALENTINIAN the younger, who by the Instigation of his mother, vrged him [Page 146]to a disputation or conference in matters of Religion in the Consistorie before the Emperour, he refused, because the Emperour had nothing to do in such matters: neither (saith he to Valentinian the younger) ought any to iudge me contumacious, seing that I affirme that onlie, which thy Father of August Memorie, did not only answere by speech, but also by his lawes decreed, to wit, In causa fidei vel Ecclesiastici alicuius ordinis, eum iudicare debere, qui nec munere impar sit, nec iure dissimilis. Haec enim verba rescripti sunt. Hoc est, sacerdotes de sacerdotibus voluit iudicare. That in a cause belonging to faith, or to Ecclesiasticall order, hee should giue Iudgement, who is neither inseriour in office, nor in Right vnlike. For these are the words of the Rescript: That is, he would haue Priests to Iudge Priests. And a little after: Quando audisti (Clementissime Imperator) in causa fidei Laicos de Episcopo iudicasse? &c. When didst thou heare, ô most Clement Emperour, that laymen Iudged a Bishop in a cause of faithe? and againe: Pater tuus Deo fauente vir maturioris aeui dicebat: Non est meum iudicare inter Episcopos, &c. Thy Father, who by Gods fauour was a man of riper age, sayd: It is not my office to Iudge between Bishops; thy Clemencie sayth; I must Iudge, And he being baptized in Christ, thought him selfe vnable to beare such a waight of Iudgement; thy Clemencie, of whom the Sacraments are yet to be deserued,Orat. in Auxent. quae sequitur epist. citatam.arrogateth iudgement in a matter of faith, when as thou knowest not the mystieries of faith. And yet againe to the same purpose he addeth: Soluimus quae sunt Caesaris Caesari; & quae sunt Dei Deo &c. VVe haue [Page 147]payed to Caesar what was Caesars. Tribute is Caesars, it is not denyed: the Church is Gods, therfore it must not be giuen to Caesar; because the Temple can be no right of Caesars. No mā can deny, but that this is spokē with Caesars honour. For what more honorable, then for the Emperour to be called the sonne of the Church? Which when it is sayd, it is sayd without sinne, it is sayd with grace. Imperator enim bonus intra Ecclesiam, non supra Ecclesiam est: for a good Emperour is within the Church, not aboue the Church. The like libertie of speech he vseth also in an Epistle to his sister Marcellina: Ambr li. 5. cit. ep. 33. ad Marcellinam sororem. Mandatur denique; Trade Basilicam &c. To be briefe, the Emperours commaund is; Deliuer vp the Church. I answer, it is neither lawfull for mee to deliuer it, nor expedient for thee. O Emperour, to take it. Thou canst by no law spoile or ransake the house of any priuat man; and thinkest thou that the house of God may by thee be destroied and ruinated? It is alleaged that to the Emperour all thinges are lawfull, all thinges are his. I answer, doe not (ô Emperour) charge thy selfe, as to thinke that thou hast Imperial right ouer diuine thinges. Do not extoll thy selfe, but if thou wilt raygne longe, be subiect to God. It is written:Mat. 22What is Gods, to God; what is Caesars, to Caesar. To the Emperour Palaces do belong, to the Priests Churches. To thee is committed the care and charge of publick walles, not of those that be holy. If S. AMBROSE would not yeeld a Church or Chappell to the Emperours disposition; would he, if he had liued in King HENRIE the Eight his time, and in England, haue permitted him to seaze vpon all Abbayes, [Page 148]Abbay lands, and Churches belonging vnto them? Or would he, or S. ATHANASIVS, or HOSIVS, haue permitted him to sitt in Parlament as supreme Iudge in matters, not only temporall, but Ecclesiasticall? or if they had seene Cromwell appointed King Henrie the Eights Vicaire Generall in Spirituall causes, taking place aboue all the Bishops and Archbishops in their Conuocation, would not ATHANASIVS haue called it the Abomination of desolation?

14. Bilson in his Difference pa. 174. Andr. in Tortura Tortipa. 169. Field li. 5. de Eccles. cap. 53. To this Argument Doctour BILSON, Doctour ANDREWES, and Doctour FIELD answere, that Constantius and Valentinian the younger, were reprehended by these Fathers, not for medling in Councels and Ecclesiasticall affaires, but for tyranizing ouer Bishops, and for partiall and vniust dealing. But if these Fathers had meāt no otherwise, they would not so absolutly haue reprehended medling in Ecclesiasticall matters, but would onlie haue inueighed against the abuses. For if a Pope, who is in deed Head of the Church, should abuse his Authoritie in Councels or Ecclesiasticall Iudgments; though euen a Catholick, who takes him for supreme Head, might reprehend the abuse, Athan. supra. yet he could not saie to him as ATHANASIVS did to Constantius: If this be the Iudgment of Bishops, what hath the Pope to do with it? Nor could he say to the Pope, as he did to the Emperour: VVhen was it euer heard from the beginning of the world? when did the Iudgment of the [Page 149]Church take Authoritie from the Pope? Neither could he haue sayd to the Pope, Hosius supra. as HOSIVS sayd to the same Constantius: VVhen was the Emperour present (to wit as Iudge, for as Protectour and hearer, he knew and saw CONSTANTIN the Great present in the Councell of Nice) in Ecclesiasticall Iudgments? Neither could he haue sayd to the Pope, as the same HOSIVS saieth to Constantius: Do not intermeddle in Ecclestasticall businesses; nor do thou command vs in this kind, but rather learne these thinges of vs. Much lesse could those wordes of S. AMBROSE, Ambros. supra. which he so bouldlie spake to Valentinian, haue been sutable to the Pope, or any supreme Head Ecclesiasticall: VVhen didst thou heare, ô most Clement Emperour, (Pope) that any of the laitie (Clergie) Iudged Bishops in a cause of faith? Much lesse could these other words of S. AMBROSE haue been fitting a Pope or any supreme head Ecclesiasticall: A good Emperour (Pope) is in the Church, not aboue the Church. Nor could S. AMBROSE haue denyed so peremptorily to deliuer a Church or Chappell to the Emperour, if he had deemed him supreme head of the Church: much lesse could he haue alleadged that reason of his denyall: To the Emperour Pallaces appertaine, to the Priest Churches: for if the King be supreme Heade of the Church, then Churches pertaine to him as well as Pallaces.

15. But let vs heare another Father S. Chrysost ho. 4. de verbis Isaiae. 2. Paral. 26. CHRYSOSTOME; pondering the audacious [Page 150]fact of King OZIAS (who in the pride of his power, victories, and former vertues, arrogated to him selfe the Priests office) hath these words: Rex cum esset, Sacerdotij Principatum vsurpat. Volo, inquit, adolere incensum, quia iustus sum. Sed mane intra terminos tuos; alij sunt termini Regni; alij termini Sacerdotij. Being a King, he vsurpeth the power of Priesthood. I will (sayth he) offer incense, because I am iust. But stay within thy limits. Others are the bounds of the Kingdome, others of the Priesthood. If then the King hath his limits prefixed, and contained within the Kingdome, it followeth that he cannot intermeddle him selfe as a superiour in Eccles [...]asticall causes, but he shall passe his limits. The same Father in his next Homelie hath these words, Chrysost. hom. 5. de verbis Isaiae. which are worthy the marking: Quanquam nobis admirandus videatur Thronus Regius ob gemmas affixas, & aurum quo obcinctus est, tamen rerum terrenarum administrationem sortitus est, nec vltra potestatem hanc praeterea quicquam habet Authoritatis. Verum sacerdoti Thronus in Coelis collocatus est, & de coelestibus negotiis pronunciandi habet potestatem. Although the Kings Throne seemes to vs worthy to be admired for the pretious stones, wherwith it is besett, and the gould, wherwith it is couered, yet the King hath only the administration of terrene things, neither hath he beyond this power, any further Authoritie. But to the Priest a throne is placed in Heauē, and he hath power to pronounce sentēce of heauenly businesses and affaires appertaining vnto heauen.

16. Tenthlie, I proue this veritie by the [Page 151]Arguments wherwith in the former Chapter I haue prooued that Kings Christian, by baptisme are made subiects of the Church, as much as is the lowest Christian; and that not onlie Popes, but inferiour Bishops haue challenged superiority ouer them; which also Princes from the beginning haue euer acknowledged. For if Princes in matters Ecclesiasticall be subiects to Bishops and especiallie to the Chiefe Bishop, they can not in that kind be heads and superiours to Bishops.

17. Lastlie, I prooue this by out Aduersaries confession, which is an argument ad hominem of no little force, because none is presumed to lie against him selfe. Calu. in cap. 7. Amos. CALVIN pronounceth thus of HENRIE the eight his supremacie: Qui initio tantoperè extulerunt HENRICVM Regem Angliae, certè fuerunt homines inconsiderrti: dederuut enim ills summam rerum omnium potestatem, & hoc me grauiter semper vulnerauit. Erant enim blasphemi, cum vocarent eum Summum Caput Ecclesiae sub Christo. They who in the beginning did so much extoll HENRIE (the Eight) King of England, were men inconsiderate, for they gaue him supreme power of all thinges, and this did alwayes much aggreue mee. For they were Blasphemous, when they called him supreaine Head of the Church vnder Christ. This was the opinion of CALVIN, which is not to be contemned of our Protestants, who follow him as an Oracle in other, and those verie manie points. And to him haue subscribed our Puritans in England, [Page 152]and the Brethren of Heluetia, Zurich, Berne, Geneua, Polonia, Hungarie, and Scotland, who all denie this supremacie of Kings in Ecclesiasticall causes. Yea our Protestants them selues, whilst they seeke to auoid the absurdities, which aboue I haue produced against this supremacie, and which Catholickes haue obiected, do in effect despoile the King of all such Authoritie.

19. Becanus in Dissid. Angl. For first, as BBCANVS hath tould them, they are not agreed whether his Authoritie should be called Primacie, or Supremacie: nor whether he should be stiled Primate, or Soueraine, Salclebr. pag. 140. D. And. in Tort. pag. 90. Tomson pag. 33.Head, or Gouernour. SALCLEBRIDGE calles the King Primate of the Church of England: Doctour ANDREWES calles his Authoritie Primacie; and yet TOMSON will not haue this authoritie called Primacie, but Supremacie, because the former word argueth a power Ecclesiasticall, and of the same order with that, which Prelates of the Church haue; the last word he saith, signifieth not so much. And againe he will not haue it called Spirituall Authoritie, but Authoritie in respect of Spirituall things; Tomson. pag. 31. Idem pag. 95. Salcl. pag. 305 and he addeth that the King gouerneth Ecclesiasticall things, but not Ecclesiastically. And yet SALCLEBRIDGE saith, that Kinges annointed with sacred oyle (what will he then say of Kings that are not annointed?) are capable of Spirituall Iurisdiction. And wheras at the first by the Parlament anno Domini 1543 in the yeare 35. of HENRIE the eight, it was decre [...]d, That the King should be [Page 153]called supreme head of the Church, Poulton in his statute Tooker. pag. 3. Burhill. pag 133. and that also vnder paine of highe Treason; yet now TOOKER, and BVRHILL will not haue the King called head of the Church. And so in deed Queene ELIZABETH in the First Parlament, chose rather to be Gouernesse of the Church, then Head.

20. And as these men varie in the name, so do they in the Power and thing it self. TOOKER saith, The King hath and can giue, Tooker pag 305. Salclebr. pa. 140. and take away all Iurisdiction Ecclesiasticall in the outward court. SALCLEBRIDGE sayth, the King can dispense in pluralitie of benefices, D. And. apud Tooker pa. 305. Bur. pa. 234. Salcl. pa. 121. Took. pag. 36. Bur. pag. 137. & 242. Took. pag. 15. D. And. pag. 151. and can licence a Bastard to take holie orders. D. ANDREWES sayth, hee hath all externall Iurisdiction but Censures; yet BYRHIL denyeth him all Iurisdiction Ecclesiasticall, both in the inward and outward Court. SALCLEBRIDGE sayth the King can giue Benefices, create and depose Bishops: and yet TOOKER sayth he can only nominate and present. BVRHIL denyeth the King Authoritie to excommunicate, yea he sayth he may bee excommunicated. And the same doth also D. ANDREWES and TOOKER maintaine. But what a supreme Head is he, that can not cut of by excommunication an infecting, and infected member? What a Pastour, that cā not cast out an infected sheepe by Excommunication? And if he can not excommunicate, but rather may be excommunicated, it argueth, that he hath a superiour, who can exercise Ecclesiasticall Iurisdiction [Page 154]ouer him, and so he is not supreme Head of the Church. Wherfore Catholicks, as they acknowledge the Pope supreme Head, Salcl. pag. 136. so they say he can not be excōmunicated by any. SALCLEBRIGE sayth, that it is clearer then the sunne, that Princes haue determined controuersies of faith in 8. Councels: Tooker pag. 50. Bilson & caeteri infra citandi. and yet TOOKER, as also D. BILSON, D. ANDREWES, and D. FIELD (as wee shall see anone) will not haue the King called superiour in matters of faith.

21. After this doubting and varying, they proceed to a flat denyall of the foresaied supremacie. In Tortura Torti pa. 170. D. ANDREWES hath taken a great part of the Supremacie from the King; for he confesseth, that the Emperour hath no Imperiall right to diuine things. These be his words: Non est in ea, quae diuina sunt; Imperiale, sed neque Pontificale ius vllum. Ther is not (in the King) any Imperiall, no nor Pontificall right ouer diuine thinges. He addeth, that the King hath no right to dispose of Churches, which yet King HENRIE the 8. challenged and practized to the ruine of tenne thousand Churches in one yeare; For thus sayth D. ANDREWES: At illa diuina hîc quae tandem? Aedes, Templa, Basilicae, neque verò in ea, quae ita diuina sunt, Rex noster vllum sibi ius vendicet. Ibid. pa. 171. And a little after he sayth: That the King is no Iudge in a cause or matter of faith. And in the next page he seemeth to affirme and prooue out of the Councels of Constantinople, Pa. 172.Antioche, and Carthage, that the King is not to be Iudge in the causes of [Page 155]Bishops. And the page next after that; Pa. 173. In sacramentes the King hath neither supreame, nor any power at all. And besides all this he addeth, that he cannot excommunicate: Pag. 151Nos Principi (sayth he.) Cenfurae potestatem non facimus. VVe do not graunt the Prince or King any power to excommunicate &c. D. BILSON saith plainlie, that the King hath Authoritie ouer the Persons of the Church, Bilson in his true difference, pag. 171 & 172. par. 2. but not ouer the things of the Church, to wit, ouer the persons of the Bishops, but not ouer faith, Sacraments, materiall Churches, and such like. Which yet I see not how it can stand together; for if the King be supreme Head, not only ouer the Kingdome, but also ouer the Church, that is, of the persons of the Church; then as, because he is supreme Head of the Kingdome, he can command his laye subiects in temporall matters, as to paie Tribute, to obey temporall lawes &c. so if he be supreame Head of the Church, and hath Authoritie ouer Clergie men, as Clergie men, he can command euen Churchmen in Ecclesiasticall matters, and can call Synodes, determine controuersies of faith in them, enact Ecclesiasticall lawes, and bestowe Ecclesiasticall Benefices; and so he shall haue Authoritie, not onlie ouer the persons, but also ouer the things of the Church. And therfore as he that should say, that the King for the necessarie good of the Common VVealth, cannot dispose of the Temporalities of the Realme, should in effect make [Page 156]him no King; so BILSON in saying, that the King hath no Authoritie ouer the spirituall things and graces of the Church, makes him no Head of the Church, nor superiour ouer Church men, as Church men. For if the King be Head of the persons of the Church, he can command them as his subiects; And then I demand of BILSON, in what things he can command them? If in temporall thinges onlie, as to paie Tribute, to go to warre &c. then is he King only of the Common wealth, but no Head of the Church: If in Spirituall things, as administration of Sacraments, decisions of matters of faith in Councels &c. then hath he the administration of spirituall things, and hath authority, not only ouer the persons, but also ouer the things of the Church. But I neede not wrest this frō BILSON by force of Argument: for he no lesse plainely confesseth that the King is no Head of the Church. Bilson par. 2, pag. 240 These are his wordes. VVe confesse Princes to be supreme Gouernours, that is, as we haue often told you, supreme bearers of the sword, which was first ordained from aboue, to defend and preserue as wel godlines and honestie, as peace and tranquillitie amongst men. We giue Princes no power to deuise or inuēt newe Religions, to alter, or chaunge sacraments, to decide or debate doubtes of faith, to disturbe, or infringe the Canons of the Church. Thus he. VVherby we see first how he derogateth from that authority, which King HENRIE the 8, and Queene ELIZABETH challēged, and [Page 157]the former Parlament approoued, for by that authoritie King HENRIE the 8. exiled all the Popes authoritie, forbad all Appeales to Rome, contrary to the ancient Canons, disposed of Abbaies, and Churches without the Popes authority &c. And by the same authoritie Q. ELIZABETH chaūged the sacraments, and all the whole face and hew of religion, and forbad Councels to be called, or any thing in them to be decided without her consent. Secondlie we may see also herby, how BILSON maketh the King no supreme Head, yea no head at all of the Church, but only a Protectour and defender therof: which Title all Catholikes graunt to Kinges, acknowledging that the King is to defēd the Church, to assist her by his temporall sword and Authoritie, that shee bee not hindred in calling Councels and administration of the Church, yea and to punish heretikes condemned by her, and deliuered vp to secular power. And no more doth BILSON graunt. And so he denying the Prince to be head of the Church, and graunting him to be only a protectour and defender, is guiltie of high treason.

22. D. Field. lib. 5. de Eccles. cap. 53. Doctour FIELD also in effect denieth this authority to the King: for he distinguisheth things merelie Spirituall in this manner: Either (sayth he) the power in these things is of order, or of iurisdiction; the power of order consisteth in preaching the worde, in ministring Sacramēts, and ordaining ministers; and in these things, [Page 158]saith he, Princes haue no Authoritie at all, much lesse supreme authority. The power of iurisdiction standeth in prescribing lawes, in hearing, examining, and iudging of opinion in matters of saith, and things pertaining to Ecclesiasticall order, and Ministerie, and due performing of Gods seruice; and in these the King can only by direction of the Clergie, make penall and tempor all lawes for the Execution of Bishops lawes and Canons. Thus he. But to omitt how aptlie D. FIELD annexeth preaching to the power of order, Vide Sairum lib. 4. de Censuris cap. 16. num. 21 which may be exercised with licence of the Bishop, by one that hath no Orders at all; to omitt also how he can possiblie distinguish the powers of order ād Iurisdiction, he, and his Doctours denying all Caracters, and making ordination nothing else but a meere deputation to such an office: I auerre that D. FIELD in this contradicteth the former authority, which was giuen by Parlament to King HENRIE the Eight, and King EDWARD his sonne, and Queene ELIZABETH his Daughter, as may appeare plainlie by the actes of Parlament aboue alleadged; and he maketh the King no Supreme Head of the Church, but onlie an Assistant, Protectour, and Defendour therof, as I haue shewed against D. BILSON.

23. Wherfore the Catholicks of England haue iust cause to complaine of seuere dealing towards them; who many of them haue bene condemned to Premuniries, and cruell deathes for denying the snpremacie of the Prince in Spirituall causes, of which [Page 159]notwithstanding the leardnest of the Ministerie make such doubt and question, as we haue seene, yea denie it in plaine termes. For if that care had bin had of the Kings Catholick subiects, which their number, antiquitie, and loyaltie seemed to require, this question of the Supremacie should haue bene better discussed, and more maturely resolued, before the Ministers should haue preached it as necessarie to be beleeued, and before Catholicks should haue been so seuerelie handled for denying it, their own Doctours now varying so much, as we haue seene, about the very name, and thing it self, and some of the leardnest amongst them, denying it as flatly as any Catholick can do.

24. Remember then, O Kinges, Princes, and Potentates of the earth, what is belonging to your so high an office. Psal. 2. An exhortation to Princes. Et nunc Reges intelligite, erudimini qui iudicatis terram; And now ô Kings vnderstand your office, informe your selues, ô you that iudge the earth, what belongeth vnto you. You are Iudges of the earth and Common wealth, you are not to meddle with the Church, which is called, Regnum Coelorum, Mat. 13the Kingdome of Heauen. You are, Isa. 49. as Esaye calleth you, Nurcing Fathers, but no Gouernours of the Church; you are Protectours, and Defendours, and Assistants, obliged by scepter and sword to assist her, and to punish her Rebelles at her direction. You are subiects, no Superiours; sheepe, no Pastours; Inferiour [Page 160]members, no Heads; and your greatest honour and safetie is to serue, not to rule the Church, to defend, not to inuade her rightes. Harken, ô Princes, to that holsome counsell, which AZARIAS the High Priest gaue to King OZIAS, 2. Paral. 26. Ioseph. l. 9. Ant. cap. 11. who would be medling with the Priests office. For when he being puffed vp with pride of hart, tooke vppon him to offer Incense in the Temple, and on the Altar of Incense, AZARIAS matching his Kinglie pride with a Priestlie Zeale, followed him at his heeles, accompanied with fourescore Priests, and followed him (sayth S. CHRYSOSTOME) non vt Regem eiecturus, Homi. 5. de verbis Isaiae.sed vt profugum & ingratum filium expulsurus; not as though he were to cast out of the Temple a King, but a Runnegate and vngrateful seruant, Followeth him as an eagre Mastiffe doth the beast to chase him out of his Lord and Maisters howse: and as one that tooke no care of the Kings threatning, feared neither his Garde, nor his Regalitie, nor his golden crowne, nor his Kinglie scepter, nor his sterne lookes and Maiestie, but with an vndaunted courage, with a Constant countenance, and a free voice, that neuer had learned how to flatter, 2. par. 26 he telles him as plainlie, as trulie: Non est tui officij, OZIA, vt adoleas Incensum Domino, sed sacerdotum, hoc est, filiorum Aaron, qui consecrati sunt ad huiusmodi Ministerium; egredere de sanctuario, ne contempseris, quia non reputabitur tibi ad gloriam hoc à Domino Deo: It is not thy office, OZIAS, to burne Incense to [Page 161]our Lord, but of the Priests, that is, of the Children of Aaron, which are consecrated to this kinde of Ministerie: Go out of the sanctuary, contemne not: because this thing shall not be reputed to thee for glorie, of our Lord God. Vide (sayth S. Chrysostome.) Hom. 4. de verbis Esaiae. libertatem; vide mentem seruire nesciam; vide linguam coelos attingentem; vide libertatem incoercibilem; vide hominis Corpus, & angeli mentem; vide humi ingredientem, & in Caelo versantem? Behould the freenesse and plainesse of a Priest; behould a minde that neuer knew how to be seruile; behould a tongue that is heard to Heauen; behould an vnrestrained libertie; behould the bodie of a man, the mind of an Angell; behould one treading on the ground, yet conuersing in heauen. Let me, ô Christian Princes, a Priest, not of AARON, but of Christ, vse the like libertie against you, that inuade the Churches right, and arrogate Priestlie dignitie. It is not thy office, ô King, ô Prince, to meddle in Church matters, or gouernment of the Church, but it is the office of Priests and Prelates consecrated and ordayned for that purpose. Dareth a Prince once offer to meddle in the Churches gouernment? to sitt as Iudge in her Synodes? to pronounce sentence in her tribunals? to prescribe seruice in her Temples? Depart, ô King, whosoeuer thou art, that art thus hardie, depart out of the sanctuary, command no more in the Church, if thou wilt command long and prosperouslie in thy Kingdome. Depart, I say, this is no place for thee. Contemne not my Counsell, least thou paie for thy contempt, [Page 162]and be stricken with a leprosie in thy forehead for such impudencie. It is no glorie for thee, ô King, to meddle in Church matters. It is a glorie indeed, and as much greater then the office of a King, at it is more to gouerne soules then bodies, and to menage spirituall then temporall affaires: But it is no honour to a King, neither will it euer turne to the prosperitie of him, or his Posteritie. All the Auncient Kings, yea and Emperours also, so mightie in Armes, so rich in Treasure, so glittering in their Crownes, Scepters, purple, and pretious stones, so fortunate in VVarre, so glorious in Victories, neuer dreamed of such ambition, but thought it their honour to be defendours, not rulers of the Church, subiects in Spirituall matters, no Pastours, Children no Fathers, Inferiour members to the Church, no supreme Heads, and therfore submitted their scepters to the Pastorall staffe, their Crowne to the Mitre, their Temporall swords to the spirituall glaiues, their lawes to the Canons, their Kingdomes to the Church, their persons to the Priests. And shall now a King, & a Christian King arrogate Ecclesiasticall authority? If he will raigne long ouer his subiects, let him permitt the Churches rule, and command ouer him. If he will haue God for his Father, let him acknowledge the Church for his Mother, him self a sonne, no Father, a subiect in this kinde, no superiour.

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25. Harken, ô King, whosoeuer thou art that arrogatest Ecclesiasticall Iurisdiction or encroachest vpon the Churches right and demaines, vnto S. AMBROSE his Counsell, which he gaue to VALENTINIAN the yonger. When didst thou heare. Supra citatus pag. 143O most Clemēt King, that laymen were Bishops Iudges in matters of faith, and Church? do not trouble thy self, as to thinke that thou hast any Imperiall right in diuine matters: Giue to God and his Church and Pastours, what is due to them, if thou wilt that thy subiects giue to thee, what belongeth to thee ô King. Giue eare ô King to graue Hos [...]vs his speech; Leaue of, Ibidem.O King, to intermeddle in such matters; remember thou art a Mortall Man, a King, no Priest, and reserue thy selfe pure and f [...]e from suth audacious attemptes; command not Priests in Ecclesiasticall matters, but rather learne such things of them, ô Potentate, ô Prince, ô King. Nu. 16. Harken to AZARIAS Counsell, which he gaue to King OZIAS: It is not thy office, ô King, to burne Incence to our Lord; or if thou contemne AZARIAS his Counsell, feare OZIAS his leprosie. If thou wilt arrogate the Office of AARON, take heed least with Chore, Dathan, and Abiron, the earth deuoure thee or the fire cōsume thee. 2. Ma [...]. 3. If thou wilt robb the Treasure of the Temple, take heed the Angell of God scourge thee not with Heliodorus. 2. Ma [...]. 9. If thou wilt spoile the Temple and kill the people of God, with Antiochus; If thou wilt destroy the Temple, with Nabuchodonosor; vse prophanelie the holy vessels with Balthasar; prophane [Page 164]the said Temple with Pompey and others, feare their infamous and miserable ends, knowing that there was neuer King nor Emperour, that rebelled against the Church, or persecuted her, especially since Christs time, and since he shed his bloud for her, that hath not had some miserable end or other.

26. And to omitt those Pagan Persecutours, Nero, Domitian, Dioclesian, Maximinian, Iulian; and others; Zonar. & Cedr. in eius vira. Rhegino lib. 1. Chron. an. 5.8. Martin. Polon: in Anast. ANASTASIVS the first Emperour of that name, for resisting the Pope, for fauouring the Arrian heresie, and for disdaining to receaue, or to admitt to his sight the legates, whom HORMISDA Pope sent to him, was sodainlie with a Thunderbolt, leueled at him from heauen, stricken to death. Theop. Miscel. lib. 17. Cedrē. [...]n Annal. Niceph. lib 18. c. 8. & seqq. & alij omnes. MAVRITIVS for his insolencies against S. GREGORIE, was driuen out of his Empire, chased into an Iland, where by Phocas commandement, himselfe, his wise, and children were miserablie slaine. Procop. lib. 3. de Bello Goth. Nicep. li. 17. c 31. Vide Baron. to 7: an 565. IVSTINIAN after many glorious victories, fell into a most hard fortune for his heresie and tyranie against VIGILIVS Pope; [...] was infested on all sides with the Incursions of the Barbares, and at length by an inuisible blowe reached him from God, perished most miserably. Earon. tom. 7. au. 561. BELLISARIVS Iustinians Generall ouer his Armie, to whome he was so deare, that his pourtraict was printed in the one side of Iustinians Coyne, with this Title, Bilisarius Romanorum [Page 165]decus, Bellisarius the glorie of the Romans, for his molestation of SILVERIVS, to grarifie therby THEODORA the Empresse, had, for suspicion of conspiracie against IVSTINIAN, his eyes pulled out, was despoiled of all his dignities, and forced in fine to begg. Cedrē. in Anna. Paul. Diac. li. 20. rerū Roman. Baron. tom. 8. an. 713. Anast. in Vital. Baro. an. 668. Paul. Diac. lib. 19 rerū Rom. PHILIPPICVS for his contempt of CONSTANTINE Pope, and propagating of heresie, was depriued of his Empire and his eyes also. f CONSTANS for persecuting THEODORVS Pope, and violently carying away Pope MARTIN from Rome, was slaine in a bathe, Fascie. Temp. in Iust. 2. Martin. Pol. in Iust. 2. IVST [...]NIAN the second for infringing the Eight Synod, and molesting of SERGIVS Pope who refused to consent to his heresie, was depriued of his Empire, and besides that, of his nose and tongue. Baron. tom. 11. an. 1080. HENRIE the Fourth Emperour excommunicated and deposed by GREGORIE the seuenth, as we haue seene, was by his owne sonne persecuted, holden in prison, and at length made a miserable end out of his owne Countrie. Neubr. li. 4. c. 13 Palmer [...] in Chrō. an. 1189 FREDERICK the first was drowned miserablie in a riuer of Armenia, for punishment of the schisme he raised against ALEXANDER Pope, as our NEVBRIGENS [...]S recordeth. Fascic. Temp. in Frider. 2 Matt Westm. an. 1245 FREDERICK the Second, after he was excommunicated, and deposed by INNOCENT the Fourth Pope of that name, was strangled by his owne sonne, and dyed without Sacraments. Geneb. lib 4. Chron. anno 2294. in Bonifacio 8. PHILIP le BEL King of France after he was excommunicated and deposed by BONIFACE the Eight, [Page 166]neuer prospered as Genebrard la Frēch man writeth. And after that BONIFACIVS was taken vnawares by the deceipts, which PHILIP vsed, a holy Bishop said: The King is glad he hath BONIFACE Pope in holde, but no good thereby will happen to him and his posteritie; which Prophecie saith Genebr. lib 4. Chron. anno 1315. Genebrard, was shortlie after fulfilled, for the King perished by reason of a Boare, that rushed betwixt his horses legges; three of his sonnes, that raigned after him, dyed one after another in a short space; their Queenes dishonoured them with their infamous adulteries; and the Issue of PHILIP fayling, the contention betwixt our EDWARD the third, sonne of the Daughter of PHILIP le Bel, and PHILIP de Valois the sonne of CHARLES de Valois, PHILIP le Bel his brother, arose, which contention cost France verie dearely. And, to spare our times, as God threatned by his Prophet, Isai. 60. that the Kingdome, that shall not serue the Church, shall perish, (as we see all Greece is lost by their heresies and schismes against the Romane Church, and England, Germanie, and Holland, and other Countries, know not what punishment hangeth ouer their heads) so whosoeuer shall obserue the course of times, and Histories, shall finde that few Princes haue long prospered, who haue persecuted the Romane Church and faith, or haue been by her excommunicated or deposed.

26. Wherfore Kings and Princes that [Page 167]contemne and despise the Church, remember you are Men, and that your Kingdome is subiect to a higher state of the Church. Feare her glaiue, that striketh euen the soule and spirit. And if you will raigne long and prosperouslie here, imitate those Constantines, Martians, Theodosius, Pipins, Charles the Great, Lewis, and others, who were more glorious for amplifying the Churches Immunities and Demaines, then for extēding their Empire; more renowned for the Churches and Monasteries they founded, thē for the Cities and Castels they builded; who by obeying, honouring, and enriching the Church, strengtned and enriched their Kingdomes, and haue prospered in all their warres and battailes. But I will end with S. BERNARDS Counsell, which he gaue to CONRADVS King of the Romanes, Bern. ep. 183. ad Conrad. Regem Romam. Rom. 13. desiring all Christian Princes to followe it: Legi quippe: Omnia anima Potestatibus sublimioribus subdita sit &c. Quam tamen sententiam cupio vos, & omnimodis moneo custodire in exhibenda reuerentia summae & Apostolicae sedi: I haue read indeed: Let euerie soule be subiect to higher powers, and he that resisteth the power, resisteth the ordinance of God, which sentence not withstanding I desire, and by all meanes warne you (ô Princes) to keepe by exhibiting reuerence to the highest, and Apostolicall seat.

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CHAPTER VII.

Although the Pope be not direct Temporall Lord and Superiour of the world, nor of any part therof, by Christs expresse guift and donation, but only of the patrimony of Sainct Peter giuen him by Constantine the Great, and other Catholicke Princes, and confirmed by the consent of the Christian world: yet by the spirituall power, which Christ gaue him in his predecessour S. Peter. (Io 21.) he may dispose of temporall things, and euen of Kingdomes, for the good of the Church, and Conseruation of her, and her faith & right: and the manner how, and in what case, he can thus dispose of temporalities, is explicated.

1. HAuing shewed by manie Arguments in the former Chapter, that the Prince neither hath any spirituall Authoritie, neither can by his Temporall power entermeddle him self as a Superiour in matters Spirituall and Ecclesiasticall: It remaineth that we discusse and examine whether contrarie wise the Pope haue any temporall power, or can by his Spirituall power dispose of temporall things. A [Page 169]thing, I confesse, odious to some Princes, who can hardly brooke it, that you should meddle with their Crownes and Regalities, thinking their Crownes so fast sett on their Heads, that none but God can plucke them of, and imagining they holde their scepters so fast, that none vnder God can wrest them out of their hands. But yet this question is odious only to such as sett little by the Churches Authoritie, or at least, preferre the state before Religion, and the Temporall aduancement of the Common wealth, before the Spirituall good of the Church: for otherwise, as guiltie malefactours only crie out of the Princes lawes & Tribunals, good subiects embrace and reuerence them; so those Princes only, whose consciences accuse them of some disloyaltie towards the Church, or who desire to preferre their owne wils before the Churches commandement, or to extend their Empire with encroaching on her Demaines, and to rule so independentlie, as they may not be controlled; such Princes (I say) can not abyde to heare of any Authoritie in the Pope, or Church, which may restraine them. Other Kings, who counte it their honour to be obedient Children of the Church, and who desire not to raigne ouer their subiects, but so as God, and his Church may raigne ouer them, are content, that this opinion of the Popes authoritie be taught in schooles, and [Page 170]published in printed bookes. And therfore of late his Catholike Maiestie with three Bishops of his Counsell, and the Inquisition of Spaine authorized the printing and setting forth of a booke of this subiect, composed by a learned Diuine Franciscus Suarius, & intituled, Defensio fidei Catholicae & Apostolicae, aduersus Anglicanae sectae errores, &c. in which the Authoritie of the Pope in deposing Princes, who by their tyrannie against the Church, make them selues vnworthy of their honourable roome and place, is largelie and learnedlie defended and prooued.

2. I confesse that the Popes Temporall Authoritie, which he hath in ROME and ITALIE, proceeded not from the immediat guift of CHRIST, but rather commeth to him by the Cap. Cōstantinus d. 96. c. Ego Ludouic. d. 63. ca. futuram 12. q. 1. Naucler. gen. 13. Magd. Cent. 4. c. 7. Petr. Damian disp. cum Reg. Aduoc. Anselm. li. 4 c. 32. Iuo Carn. p. 5. Decr. cap. 49. Genebr. lib. 3. Chron. Abrahā Leuita in ca. 11. Dan. Donation of CONSTANTINE, PIPIN, CHARLES the Great, LEWIS the Godlie, and other Princes, as is testified partlie by the Canon law, partlie by the Actes of SILVESTER, partlie by other auncient writers. I graunt also, that Christ made him no temporall Prince, but only Pastour of the Christian world: For although many Ostiens in cap. quod super his, de voto & voti Redemp. Anton. 3. p. tit. 22. cap. 5 §. 13. Silu. V. Papa. & V. Legitimus. Canonists affirme, that the Pope is Temporall Lord of the whole world; yet Henr. quod lib. 6. q. 23. Turrecr. lib. 2. Summ [...]. cap. 113. Caiet. tom. 1. Opusc. tract. 2. cap. 3. & 2.2, q. 43. art. 8. & passim recentiores. Diuines stand against them in this point, and not [Page 171]without good reason: For looke what power the Pope hath by Diuine right, he hath from the Apostles; And seing that CHRIST made his Apostles Pastours, Ephes. 4. Ioan. 21 Mat. 16. not Princes, and gaue them a Church to rule, not a Kingdome, bestowed on them the Keyes of heauen, not of Cities, Mat. 18. Act. 20. Mat. 28. gaue them power to bind and loose the soule, not the bodie, to teach and baptize all Nations, not to subiugate them; and built his Church vpon an Apostle, not vpon any King or Prince: It followeth euidently, that the Pope by Christs donation, hath no title to Kingdomes and Empires.

3. True it is that many Diuines, and those also of note, are of opinion that Christ as man, was Temporall King ouer all the world, which is the expresse opinion of S. Anton. 3 p. tit. 3. cap. 2. Antonine, Almai. tract. de potest. Ecc. c. 8.Almainus, Turrec. lib. 2. Summae. cap. 116.Turrecremata, Ostiēs. in cap. quod super his, de voto & voti redemp.Ostiensis, Duran. tract. de Iurisd. Eccl qu. 43.Durand, f Nauar. in cap. Nouit. de Iudiciis. not. 3. n. 8. & 130.Nauar, and others: which they also prooue out of diuers places of scripture, as Apoc. [...]. Princeps Regum terrae. Prince of the Kings of the earth. Apoc. 19. Rex Regum, & Dominus Dominantium. King of Kings, and Lord of Lords: Act. 10. Hic est omnium Dominus. This is Lord of all. Psalm. 8. and Heb. 9. Omnia subiecisti sub pedibus eius. Thou hast subiected all things vnder his feet. Matt. vlt. Data est mihi omnis potestas in Coelo & in terra. All power is giuen to me in heauen and in earth. Yet most Interpreters expound these places, as meant of Christs spirituall and Priestlie Power, by which he was spirituall King of the world. [Page 172]And though it be verie probable, 1. Vasq. 3 p. disp. 87. ca. 3. (as the Leardned Vasquez sheweth) that Christ in deede as man was Temporall King of the world, and had that Regall dignitie, not by election or descent, but only by Hypostaticall vnion, which did so eleuate, and dignifie his humane nature, that it gaue him Authoritie euen as man ouer all the Kings of the earth, by which he might haue commanded them euen in Temporall things, and might haue depriued them of their Crownes: Yet this it not so certaine, because many Diuines also holde, that Christ, as man, was no Temporall King. But howsoeuer, all allmost do agree, that Christ neuer vsed any Regall power, nor did actually raigne as King ouer any Countrie, much lesse ouer all the world. And therfore he sayd: Ioan. 18 Regnum meum non est de hoc mundo: My Kingdome is not of this world. Because although his spirituall Kingdome, the Church, be in this world, yet it is not of this world, in respect of the spirituall authoritie and graces of the Church, which are from heanen. And although it be probable, that he had Kinglie authoritie, which is called. Ius regnandi, A right to raigne, by which he might haue raigned, and ruled temporallie in the world; yet, as I haue said, he neuer actually raigned, neither did he exercise any Kinglie act of his Kinglie Power: and so hauing sayd that his kingdome is not of this world, Ibidem. be giueth a reason thetof saying: Si enim ex [Page 173]hoc mundo esset Regnum meum, ministri vtique decertarent, vt non traderer Iudaeis: For if my Kingdome were of this world, my Ministers verily would striue that I should not be deliuered to the Iewes, Which is a good reason. if you vnderstand by his Kingdome the actual exercise of his Kinglie authoritie: for otherwise, one may be a true King in respect of his right, (as Kings driuen by force out of their Kingdomes are) and yet haue no souldiers, nor ministers, to fight for them. Ioan. 2. I know some Authours contend, that he did actually exercise the Temporall power of a King, when with a whippe he chased buyers and sellers out of the Temple; yet that he did by the office of a Redeemer and Prophet, whose part was to correct sinnes and abuses. Others say, that he vsed Kinglie Authoritie when he cast the Deuils into the Hogges, and them, into the sea. Matth. 8. and when he withered the Figgetree. Mat. 21. & Mar. 11. Otherwise (saye they) he had done iniurie to the owners. But all this an other Prophet might haue done, though no King, much more CHRIST the Prophet of Prophets; and yet should he haue done no iniurie to the owner, seing that what Prophets do miraculously, they do by authority from God, who is supreme Lord ouer life, goods, and all. And because CHRIST did not actually raigne, therfore Emperours and Kinges were absolute, and were not vicaires or delegates to CHRIST, [Page 174]and CHRIST tooke neither crownes, nor scepters from them, according to that of the Hymne of the Epiphanie. In 1. Vesp. Epiph.

Hostis Herodes impie,
Christum venire quid times?
Non eripit mortalia,
Qui regna dat coelestia.

That Christ is come why dost thou dread,
O Herode thou vngodlie foe?
He doth, not earthlie Kingdomes reaue
That heauenly Kingdomes doth bestow.

4. And so although CHRIST were, euen as man, a Temporall King, yet he not actually raigning him self, it is not likelie that he should giue any such authoritie to S. PETER, and the Pope his successour. And although hee had actually raigned him self, yet it is not necessarie that he should giue that Authoritie to S. PETER; for hee had also the power of Excellencie, by which he might command euen Infidels not baptized, and by which he instituted a Church, Sacraments, and a Priesthood, which S. PETER, and the Pope his Successour can not doe. Certes none can denie, but that CHRIST might haue giuen S. PETER supreme Iurisdiction spirituall ouer the Church without Temporall, because as spirituall power is not necessarily annexed to the Temporall, as I haue proued in the former Chapter, so Temporall power is not necessarily ioyned to the spirituall; and therfore seing that neither the law of God, [Page 175]nor Nature, nor man giueth any such Temporall Iurisdiction to the Chiefe Pastour of the Church, why should either he challenge it, or we giue it him? especiallie it being a thing verie inconuenient, and odious, that either the Church, or her Chiefe Pastour should haue any such Temporall power. For if it were so, that the Church or her supreme Pastour had any such soueraintie, it would deterre all Pagan Kings, and Princes from our Religion, fearing least the Church by her absolute Authoritie, might depriue them of their Kingdomes, Crownes, and Scepters at her pleasure. And hence it is, that the Popes them selues confesse, that they haue no Imperiall, nor Kinglie Authoritie giuen them by CHRIST, but rather that these two powers are in distinct subiects. So NICHOLAS Pope sayth. Cum ad verum ventum est, &c. Ca. cum ad verū, d. 96. Vide supra pa. 66. et pag. 78.VVhen it came to the vnderstanding of the truth, neither did the Emperour take vnto him the rights of Bishop-like Authoritie, nor did the Bishop vsurpe the name of the Emperour; because the same Mediatour of God and men, man Christ IESVS, hath distinguished the offices of both powers by their proper and distinct dignities, as that Christian Emperours for attaining eternall life should neede bishops, and Bishops should vse the Imperiall lawes for the cause onely of temporall things. And S. BERNARD: Bern. li. 2. de Cō sid. ca. 6. Nam quid tibi aliud dimisit Sanctus Apostolus? quod habeo, inquit, tibi do &c. VVhat other thing did the holie Apostle leaue vnto thee? what I haue (saith [Page 176]hee) I giue thee. VVhat is that? One thing I know, it is neither gould nor siluer, seing that he sayth, gould and siluer is not with mee. Bee it that by some other way thou maist challenge this vnto thee, yet not by Apostolicall right, for he could not giue thee that which he had not. VVhat he had he gaue, sollicitude (as he sayd) ouer the Churches. Did be giue thee rule and domination? not ouer-ruling the Clergie, but made example of the flocke, and doost thou thinke this to be spoken onlie out of humilitie, not in veritie? the voice of our Lord is in the Ghospell: the Princes of the Gentils ouer-rule them &c. but it shal not be so amongst you.

5. But although the Pope and Chiefe Pastour of the Church hath no direct Temporall power, but only in his owne Temporall Patrimonie and Kingdome, by which he may dispose of Kingdomes, Crownes, and scepters, yet he hath a Spirituall power, which may directlie, and ordinarilie dispose of spirituall matters, and indirectlie, and in some extraordinarie case, of the Temporall also; that is, when it shall be iudged necessarie for the consernation of the faith or Religion, or the Churches lawes, and right, or some other great and necessarie good. I say the Pope hath no direct power ouer Princes, for then he might limit their power, abrogate their lawes, and depose their persons, at least for some iust cause, though it did not concerne either faith, or the Churches right, or necessarie good, as the King can [Page 177]deale with his Viceroy, and any of his subiects; and then Princes should not be absolute and independent, who yet, as aboue is declared, in Temporall matters, and so long as they exceede not the bounds of their authority, by commanding things contrary to Gods law, or the Churches Canons, acknowledg no Superiour in earth, neither Pope, nor Emperour, nor Common wealth. For as for the Emperour, all Princes who are not his Vassals (as the Kings of Spaine, England, and France are not) as they acknowledge him Superiour in dignitie, and therfore will, and must giue him the precedence, whersoeuer they meete, yet they are not subiect to him, nor bound to obey him, vnlesse it be when the Pope, the Chiefe Pastour, and hee the greatest Prince in dignitie, shall thinke it necessarie that all Christian Princes contribute, or concurre for the defence of Christendome against the Turke, or such like Common enemie. As for the Pope I graunt that CHRIST gaue him no Temporall power at all (which aboue I haue prooued) for that Temporall power, which he hath in Italie, hee had not by Christs immediat graunt, but onlie by Constantines, and other Emperouts and Princes donation, which donation supposed, and confirmed also by Prescription, and his subiects, yea all the Christian worlds consent, that part of Italie, which he possesseth, is as trulie appertaining [Page 178]to him, as England is to the King of England, France to the King of France, and Spaine to the King of Spaine; onlie the Pope cannot transfer his Kingdome to his Heyres, as they may, because it cometh not to him in particular by hereditarie succession, but onlie by election. Yea if the Pope were by the law of God a Temporall Soueraine Prince ouer all the world, other Princes should holde of him; and CONSTANTINES donation by which he made him Temporall Prince of Italie, had been no donation, but restitution. As for the Common wealth, I haue aboue declared how it hath despoiled it self of all authoritie, and by translating it to the King, is trulie a subiect, and like a priuate person, and so hath no power ouer the King, vnles it be in case of intollerable Tyrannie, as aboue is explicated.

6. I say yet that the Pope hath an Indirect power ouer Kings euen in Temporall mattters, which power notwithstanding is not Temporall but spirituall, nor any distinct power from his spirituall supremacie, but euen the self same: And therfore GREGORIE the Seuenth in his deposition of HENRIE the Fourth sayth, that he deposeth him by the power he hath from S. PETER of binding and loosing. And although his Pastorall and Spirituall power, directly and ordinarily hath the menaging only of spirituall matters, and so directly and ordinarily exerciseth it self [Page 179]in excommunicating, interdicting and suspending frō Spirituall offices, calling Councels, and deciding controuersies of faith in them, in making Ecclesiasticall lawes, in giuing Authoritie to preach, to minister Sacramentes, and such like; yet when it is necessarie for the conseruation of this power, or of the Church, or faith (of which it hath the Charge) that it dispose of Temporall matters, it can do that also: and so the same spirituall Authoritie which directlie, and as it were ex prima intentione ordaineth and determineth of Spirituall matters, dealeth also with Temporall affaires, not absolutelie, but as they are ordained and necessary to the attaining of the Spirituall end, which is conseruation of the Church and faith, and the soules faluation. But because this power doth not respect Temporall thinges principallie and for them selnes, but only secondarilie and as they are ordained to the conseruation of the Spirituall good of the Church, it is sayd indirectlie only, to respect Temporall matters: and for as much as it medleth not ordinarilie but in some extraordinary case with the saied Temporall matters, we may say that the Pope ordinarilie medleth with spirituall matters, and hath for his ordinarie glaiue and weapons, the Spirituall censures; but when they will not serue to defend the Churches necessarie right, then he may also vse the Temporall sword and punishment, [Page 180]because the same Authoritie which handleth principallie, directlie, and ex prima intentione the spirituall glaiue, may also command and handle the Temporall sword, when it is necessarie to the spirituall end; for then gladius est sub gladio, as BONIFACE the Eight said; The Temporall sword is subordinate, and subiect to the Spirituall. And this is the common opinion which our most Illustrious Cardinall Allan the honour of our countrie holdeth and defendeth in his Answer to the libeller. Chap. 5.6.

7. But this subiection of Temporall states to the Spirituall power of the Pope and Church, may be diuerslie taken. First it may be taken for subiection and inferioritie in the order of Dignitie only, and so all Authours agree, that the Spirituall power, is Superiour to the Temporall. Secondlie it may be vnderstood of a Superioritie in Directing, not onlie by counsell, but also by Commandement, vnder paine of sinne, and some spirituall mulct, as excommunication, suspension, and Interdict: And so also all good and Catholick Authours, yea Barclaye and VViddrington confesse, Widdring. in Apol. n. 197. that the Spirituall power, may not only direct by Counsell, but may also command the Temporall power, not to vse the Temporall sword or authoritie to the preiudice of the Church; and it may also correct and punish those that refuse to obey, by Spirituall penalties. Thirdlie it may be taken for [Page 181]a subiection, which importeth not onlie a subiection to the Commandement, but also to the disposition of the Spirituall power; in which sense the Pope and supreme Pastour may be said to haue Authoritie not only to command vnder paine of sinne Christian Princes to cease from persecuting or wrōging the Church, or to implore their sword and Temporall Authorities and meanes, to the necessarie defence of the Church, but also if they refuse, and contemne his spirituall Authoritie, and penalties, which he inflicteth vpon them, he may dispose of their Crownes, Kingdomes, and Authoritie, and bestowe them on some other, that shall do the Church better seruice, or at least shall not wronge her, or do her that iniurie, with the which the Churches right and faith cannot consist. And this Authoritie Barclaye, VViddrington, and some others, not only Hereticks & Schismaticks, but also who desire still to go by the name of Catholickes do deny. Wherfore for the respect I beare and owe to God and his Church, and for the information of some deceiued Catholicks, and confutation of Hereticks, and those Catholicks, who in this point ioyne with them, I will prooue it by many conuincing arguments in the ensuing chapters of this Treatise. And first out of Scripture.

[Page 182]

CHAPTER VIII.

By diuers places and examples of the old and nevv Testament, it is prooued that the Pope in some case can, not only by Spirituall Censure, but also by Temporall punishment, and euen by depriuation, chastice Princes, who are rebellious, and doe tyrannically persecute and molest the Church.

1. HAuing explicated how the Popes Spirituall power may dispose of Temporall things, and euen Crownes, and Diademes, when it is necessarie for the Churches cōseruation or great and necessarie good; it remaineth, that I prooue the same. But because the proofes are long and many, I will in this Chapter alleadge only those Arguments, which may be deduced out of the Text of Scripture. And least the Aduersaries of the Popes authority in this point, plaie with me as they haue donne, with some learned writers of this time, and bragge of the victorie, when they can deuise any answere, though neuer so slender. I will be so bolde as to preuent them, and to take this euasion from them. For if it were sufficient to shape an vnshapen answere, which hath only a shew of probabilitie, [Page 183]then all the proofes out of scripture, which the aunciēt Fathers produced against the auncient hereticks shalbe called in question. For what better and more pregnant place can be alleadged, then that, Ioa. 10. which the aunciēt Fathers cited out of S. IOHN against the Arrians: Ego & Pater vnum sumus? I and the Father are one; and yet the Arrians had their answer in redines, to witt, that God the Father, and the Sonne, are one, not by vnitie of substance, but consent of wils. And what plainer wordes can be alleadged for the Reall presence then those of CHRIST: This is my body? Mat. 26. Clandius de Sainctes Repetit. 1. ca. 10. and yet the Reformers of this time haue deuised no lesse then fowerscore expositions and answers, all different from the Catholick sence and meaning. But my Aduersaries are to waigh and ponder the soliditie of their answers, and the conformitie also of them to the Churches definition and practise.

2. 1. Reg. 13 My first proofe then shalbe taken from examples of the olde and new Testament, which do not a little patronize the aforesaid authoritie of the Pope. SAMVEL as he anoynted King SAVL and created him King of the Iewes, so he deposed him. And although he did this as a Prophet, yet this might be a figure of that, which the Chiefe Pastour may do in the new law: Zuing. art 41. 2. Paral. 26. whervpon Zuinglius (whose authority must needs be of force against Protestantes) saith plainly: Quòd Reges deponi possunt, Saulis exemplum manifestè [Page 184]docet: That Kings may be deposed, Saules example doth manifestlie teach. 2. Par. 26. AZARIAS the High Priest deposed OZIAS for arrogating the Priests office: for although God immediately marked him with a leprosie, yet the high Priest after he was thus marked, had authoritie from God by the Leuitical lawe, Leu. 13. to separate him from all societie and cohabitation with his subiects. Hence I inferre first, that the high Priest had in some case authoritie to dispose of Temporall things, though they belonged to Kings. For cohabitation is a temporall thing, and yet the high Priest could depriue euen a King of the same: and if he may dispose of this Temporall thing, why not of other Temporall things, though they be Kingdomes? Secondly, cohabitation or at least power and right of cohabitation & societie, is essentiallie included in Kingly power, or at least necessarille annexed vnto it: For a King is he that hath supreme power to gouerne his subiects. And seing that gouernment necessarilie requireth, yea importeth possibilitie, or right to cohabitate, and conuerse with subiects (for how can he gouerne them, if he cannot conuerse with them, or his officers?) if the King might by the Priest be depriued of all right to cohabitate and conuerse, he might be depriued also of his Kingdome. Thirdlie, OZIAS disobeyed the high Priest, and notwithstanding his reprehension and expresse commandement to the contrarie, did burne [Page 185]Incense to our Lord, and so AZARIAS might haue caused him to haue bene killed for this disobedience in so great a matter, Deut. 17 as appeareth by the law of God in Deuteronomie, where MOYSES sayth: He that shalbe proued refusing to obey the commandement of the Priest, which at that time ministreth to our Lord thy God, and the decree of the Iudge, that man shall die, and thou shalt take away the euill out of Israel. Hence I make this deduction AZARIAS the High Priest might haue pronounced sentence of death against King OZIAS for disobeying in so great a matter, much more might he haue deposed him, and depriued him of his Kingdome; for death, which is depriuation of life, is a greater penaltie, then depriuation of a Kingdome, and includeth also that, because a dead man cannot be King: and if AZARIAS could depriue OZIAS of his Kingdome, it is like that in separating him from cohabitatiō with the people, he did in deed depriue him. And certes this the Scripture in the same place insinuareth saying: Fuit igitur OZIAS &c. 2. Paral. 26. OZIAS therfore the King was a leper vnto the day of his death, and he dwelt in a howse a part. Moreouer IOATHAN his sonne gouerned the Kings house and iudged the people of the Lord. Which last words insinuate that his sonne raigned and was King in his place, and consequentlie that he was deposed. Lib. 9. Antiq. cap. 11. And so IOSEPHVS seemeth to haue vnderstood the matter, when treatinge of this fact of OZIAS and the issue thereof he sayeth: Et [Page 186]cum aliquādiu extra vrbem vixisset, filio IOATHANO rempnblicam administrante, moerore tandē confectus obijt: and for some tyme he had liued out of the Citie, his sonne IOATHAN administrating the cōmon wealth,Hom. 4. de verhis Isai.at last he was killed with sorrow. The same doth also S. CHRYSOSTOME auouch saying: Cumque sacerdotium sibi vellet sumere, & hoc quod habebat perdidit: And when he would take vpon him Priesthood. he lost that (Kingdome) which he had. Barron. an. Christi 31. Tiberij 15. To this may be added, that which, Baronius well obserueth in his Annales; to wit, that the Iewes had a Councell called Synedrin, or Sanedrin, which consisted of 72. persons, and succeeded the 72. who assisted Moises Num. 11. which Councell had authoritie to iudge of the Law, of the Prophet, and of Kinges; and ouer this Councell the High Priest had supreame authoritie. This Councell was of such credit, that it summoned Herod to appeare, and to answer to Hircanus and the Iudges vnder him, to that which was to be obiected against him. And when he appeared in his purple, and with a stronge troupe: Sameas one of the Iudges reprehended this his māner of comming, and told him, that he came in that manner; Ex Iosepho lib. 14. Antiq. 6.17. vt si capitalem iuxta leges sententiam in eum tulerimus, nobis mactatis ipse euadat, illatâ vi legibus: that if we according to the Lawes should pronounce sentence of death against him, he vsing force against the lawes, and killing vs, might escape. By which it is plaine, that this Councell, and consequentlie the High Priest, had authoritie [Page 187]to Iudge of the Law, Prophet, and Kinge; and that therfore Azarias had Authoritie to pronounce sentence of death, and much more of deposition, against Ozias; and seing he might depose him it is like the fore sayd circumstances considered, that he did depose him.

3. I confesse that our aduersaries may answer, that this example doth not conuince that Ozias was deposed, but only that he not actually gouerning, his sonne gouerned for him, he remaining still King till his death: But yet if this fact be not taken barelie, but with the law also of Leuiticus, and the argument deduced out of it, with other insinuations of scripture, Losephus, S. Chrysostome and the Authoritie of the Councel of Sanedt in, it is sufficient to prooue that the high Priest, did, or might haue deposed him. I confesse also that our Aduersaries might answer, Deut. 2. that there was in the old law an expresse statute to put to death, those, that would disobey the High Priest in matters pertaining to the law, and that therfore the High Priest might pronounce sentence of death, and consequentlie of depriuation against a King; but in the new law, there being no such expresse law, and the new law also being a law of sweetnesse and Charitie, not of feare and rigour, the case is not the like? This they may say; But yet seing that it made much for the honour of the Synagogue and [Page 188]her securitie, to haue had such a power, if the Church bee the veritie, the Synagogue but the figure, and as farre inferiour to the Church, as the law and Priesthood and sacrifice of CHRIST is Superiour to that of MOYSES; no honourable, nor profitable power and authoritie graunted to the Synagogue, is to be denyed to the Church; and therfore seing it is an honour to haue Authoritie to depose Princes, and that it is many tymes necessary for the conseruation of the Church, her right, and faith (for many times admonitions, yea commandements, and excommunications will take no effect with proud and rebellious Princes) if such power were graunted to the Synagogue, it is not to be denied to the Church.

4. Another example which Diuines vse to alleadge is, 4. Reg. 11 2. Par. 22. & 23 that of Queene ATHALIA, who (as we read in the fourth booke of Kings) was by the Commandement of the high Priest depriued first of her Kingdome, and afterwards of her life, and that also after shee had raigned six yeares. And although it may seeme that he only sett the right King Ioas, in his Throne, and displaced an vsurper, who had killed all the right Kings sonnes sauing IOAS, Bellarminus, Becanus & alij. who was secretlie reserued, and still liuing; yet many learned Authours affirme, that she was before her deposition true and lawfull Queene; because though she entred by tyrānicall vsurpation, [Page 190]yet raigning so long peaceably, it is verie like that she was receaued by the peoples consent: and although IOAS, who was the right heyre, was yet liuing, yet because that was not knowen, it seemeth that the people generallie consented to ATHALIA, which consent was sufficient to make her lawfull Queene, otherwise we must call in question the Titles of many Kings, whose Predecessours entred into the possession of their Kingdomes by violence and inuasion, and without all Title, and yet afterwards prooued lawfull Kings by the common reception and consent of the people, actually raigning for some time with expresse or tacitt consent of the people, giuing à sufficient Title. At least this example sheweth that the High Priest might be Iudge of the Kings right and Title, which was to meddle in a Temporall matter, and no lesse then a Kings Title.

5. ELIAS also, though a Prophet onlie, 3. Reg. 18 4. Reg. 1. & 2. and no Temporall Prince, consumed by fire from Heauen OCHOSIAS Captaines and their fifties, and made a massacre of Iesabels false Prophetes. Againe, ELISEVS, his scholler, by his curse sett Beares vpon those vngracious boyes, who called him by scorne Bald-pate; & he stroke Giezi with the leprosie, which he had taken from NAAMAN, for his symonie. Certes ELIAS was so famous for chrastizing rebellious Princes, and their Captaines, Eccl. 48. that Ecclesiasticus pronounceth [Page 190]thus of him: VVho didst cast downe Kings to destruction, and didst easilie breake their might, and the glorious from their bed: And howbeit they did this by extraordinarie and Propheticall power; yet these examples shew how it is not vnbeseeming Spirituall power to controule sometimes Princes, and to punish them euen temporally, when Gods glorie, and his Churches right and honour requireth it. Num. 25 I could alleadge the example of MOYSES, who caused the Princes to be hanged on Gibbets against the sunne, for communicating with the Moabites in sactifice; Exod. 32 who also by the assistāce of the sonnes of LEVI, killed aboue, three thowsand for adoring the Goulden Calfe. But I will come to the Newe law, and see what proofes it yeeldeth.

6. The new law, though it be the law of Charitie, not seueritie, loue, not feare, yet it is not without examples of Temporall punishment vsed euen by the spirituall sword. 1. Cor. 5 1. Tim. 1 S. PAVL excommunicated the In cestuous Christian, as also Hyminaeus and Alexander, and deliuered them vp to Satan, for the destruction of the flesh: for in the Primatiue Church, to excommunication was annexed a Temporall punishment, D. Th. 3. p. in Addit. q. 21. a. 2. ad 3. Act. 13. by reason that then, when any was excommunicated, the Deuill by and by possessed him and tormented him corporally. In the new law I behould S. PAVL stricking Elymas the Magician with corporall blindnes for hindring the fruict [Page 191]of the Ghospell, Act. 5. and I find S. PETER pronouncing sentence of present death against Ananias and Saphira his wife, for defrauding the Apostles in the price of the peece of land, which they had vowed. And although this also they did by the guift of miracles, and extraordinarie prerogatiue of their Apostleship, yet this sheweth that Tēporall punishment doth not altogether surpasse the actiuitie and force of Spirituall power.

7. Secondlie I prooue this by another Argument drawne from the persons of thē, on whom it seemeth the Church may by warrant of scripture inflict Temporall punishment, such as are obstinat Hereticks, disobedient Princes to the Church, D. Kellyson Rep. p. 185. Deut. 13 Blasphemers, persecutours &c. which examples a writer of this tyme alleageth, though to another end. In the old law, which was a figure of the new, false Prophets, who persuaded to follow false Gods, were slaine, and stoned to death, and the whole Citie that permitted worship of straunge Gods, was commanded to be sacked, and vtterly destroyed. Deut. 17 And (as we haue seene) whosoeuer stubbornlie disobeyed the High Priest in matters pertaining to the law, was to be killed: And shall the Heretick stubborne against the Church, & who persuadeth vs to follow straunge Religions, goe scotfree? The person, that was infected with a Corporall leprosie, Leu. 13 [...] was separated from all societie: and shall obstinat Hereticks, [Page 192]prefigured by such infected, and infecting persons, be permitted to conuerse with vs, yea to rule and gouerne amongst Christians, heresie being a spirituall leprosie, Aug lib. 2. quaest. Euang. cap 40. Leu. 24. which mixeth falsehood with truth, as a leprosie infecteth some parts of the flesh, others remaining sound, and infecting, not only the bodie as that doth, but euen the soule? The blasphemer, in the same law was by Gods owne mouth commanded to be cast out of the Camp, and to be stoned of the people: and shall the heretick in words commonlie blasphemous, in deeds sacrilegious, be permitted in the Church, and not be cast out by Censure of excommunication, Leis. 20 [...] and by death also, when that will not serue? NADAD and ABIV, though sonnes of AARON for vsing straunge fire in their Censors, were deuoured with fire from heauen: Nu. 16. CHORE, DATHAN, ABIRON, and HON, for arrogating vnto them Aarons office, were swallowed vp by the Earth: and shall the Heretick who inuenteth straunge doctrines, and who commonly without right ordination or vocation arrogateth Priestlie Authoritie, be free from all Temporall punishment, he commonly contemning all spirituall Censures? Matt. 7. & Ioan. 10. No, no, an heretick is a woolf, and consequentlie to be driuen from the fold with stones and clubbes: he is a theefe, and so to be hanged; he is a Canker, Ioau. 10. ergo to be burned and seared, he is a false Coyner, that is a deprauer [Page 193]of Gods word, ergo to be hang [...], drawne, 2. Tim. 2. Lib. 2. & 3. de fals [...] moneta. Mat. 13. Iudae. 1. and quartered, he is cockle, ergo to be pluckt vp by the rootes, least he hinder the growth of the good corne; he is a tree of Autumne vnfruitfull, twise dead, being deuoid both of the life of faith and charitie, ergo to be cast into the fire; he is an euill humour, ergo to be purged and expelled; Mat. 7. he is a rotten, and rotting member, ergo to be cutt of least he infect the whole bodie.

8. Thiralie I prooue this out of those verie wordes, by which S. PETER was constituted supreame Pastour vnder Christ, and vnder-Head of the Church: Pasce oues meas: Ioan. 21.Feed my sheep: for to a Pastour it appertaineth to rule and gouerne his sheepe, to feede them, to cure them, and to defend them from the woolfe, or rauenous beast. VVherfore S. PETER, and his successour the Pope, being the supreame visible Pastour of the Church, is not onlie to rule, and gouerne them by lawes, nor onlie to feede them by the word and Sacraments, nor only to cure and correct them by spirituall Censures; but if they beinfected, and infecting sheepe, he may not only separate them from the Church by excommunication, but also if they contemne that punishment, by deposition, and depriuation of their Kinglie Authoritie: and if the woolfe come, he may not only crie out against him by denouncing Gods law and Iudgements, nor only strike him with his spirituall staffe, but [Page 194]he may also vse euen the Temporall Club to chase him from the flocke and fould, as many worthy Prelates of the Church haue done, whose examples we shall anon alleadge. And yet this not withstāding there shall still be a difference betwixt the Pope and the Temporall Prince; because the Pope is to vse in the first place his spirituall glaiue, and not to meddle with Kinges Regalities, or temporall armes, but onlie when it is necessarie for the good of the Church, and when the Spirituall censures will no [...] suffice: the Prince is to vse Temporall armes, and not to meddle with the Spirituall at all.

9. Mat. 18. The like Argument I deduce out of these wordes of CHRIST: Si Ecclesiam non audierit, sit tibi tanquam Ethnicus & Publicanus. If he will not heare the Church,Chrysost. in hunc locum.let him be to thee as an Ethnike and Publican. By the Church are vnderstood the Prelates of the Church, and especially the Chiefe Prelate, the Pope, who gouerneth and commandeth in the Church: and so this place is like to the former place of Deuteronomie. Deut. 17 For as God there sayth, that he that will not obey the high Priest shalbe sentenced to death; so here CHRIST sayth, that he who will not obey the Pastours, and especiallie the high Pastour, shall be holden as an Ethnick, and Publican, that is, by excommunication shalbe cast out of all societie of the Church; for with the Ethnikes and Publicans the Iewes had no [Page 195]commerce, nor communication. If then he contemne this censure of the Church, the Chiefe Pastour may take his armes from him, by which he molesteth her, and seing that his Temporall power is that, which is his Chiefest weapon, the High Pastour may depriue him of it, else the high visible Priest of the New law, should be inferiour to the High Priest of the oulde law, and MOYSES should be preferred before CHRIST, and the Synagogue before the Church. To make this deduction of more force, I obserue that this place conuinceth, that the Pastour of the Church may separate a disobedient Christian from the societie of the rest, which is a Temporall punishment, being a priuation of Temporall conuersation; whence it followeth, thar if the disobedience and default deserue it, he may also depriue a Prince of his Crowne, and Temporall Authoritie, that being also a Temporall paine. Which Argument shall be confirmed more hereafter.

10. Many also, and not improbablie, alleage for proofe of that which hath bene said, those words of our Blessed Sauiour to his Apostles; Mat. 18. Whatsoeuer you shall binde vpon earth, shall be bound also in heauen: and what soeuer you shall loose vpon earth, shalbe loosed also in heauen. For although this power of binding and loosing giuen to the Apostles and their Successours, especiallie the Chiefe Pastour, hath for her ordinarie functions, loosing or [Page 196]detaining sinnes, excommunicating or absoluing, dispensing in vowes and oathes &c. yet the wordes being generall, VVhat soeuer you shall bind vpon earth, it seemeth that they should not so be restrained, but that they may be extended to loosing and absoluing euen from Temporall allegeance and obedience to the Prince, when obedience to the Prince can not stand with the conseruation of the Churches right, or faith, for which that power was giuen. And if the Pastour may free the subiects in this case from all obligation of obedience or dutie to the Prince, he may make them no subiects, and consequentlie the Prince no King, nor superiour; for the Prince and subiects are correlatiues, which are of this nature, that one cannot be without the other, and one destroyed, the other is destroyed. VVherfore if the Chiefe Pastour of the Church can absolue the subiects from their allegeance, be can make them no subiects; if he can make them no subiectes, he can make the Prince no Superiour, and consequentlie depriue him of all Temporall Authoritie, by which he is Superiour. VVherevpon not only the learned writers of this time, Cardinall BELLARMINE, SVAREZ, SCHVLKENIVS, and others, but also some of the auncients haue vnderstood this place of loosing in some case euen from Temporall allegeance. S. GREGORIE the Seuenth, who deposed HENRIE the fourth Emperour [Page 197]of that name, in his depositiō which BARONIVS alleageth, Baron. tom. 11. Anno 1080. num. 11. calling vpon S. PETER and S. PAVLE, sayth thus: Agite nunc quaeso Patres, & Principes sanctissimi vt omnis mundus intelligat & cognoscat, quia si potestis in Coelo ligare & obsoluere, potestis in terra Imperia [...], Regna, Principatus, Ducatus, Marchias, Comitatus, & omnium hominum possessiones pro meritis tollere vnicuique & concedere: Goe to now I pray you, ô most holy Fathers and Princes, that all the world may vnderstand and know, that if you can bynde and loose in heauen, you can in earth take away according to their deserts from euerie one, and giue to others Empires, Kingdomes, Principalities, Dukedomes, Marquisdomes, Counties, and all mens possessions. So INNOCENT the fourth in the Councell of Lions, and in the deposition of FREDERICK the second expoundeth the same, and warranteth therby his authority in deposing. And thus much concerning proofes of the Popes authority out of scripture for deposing Princes, and punishing Hereticks and rebelles to the Church by Temporall chastisements.

[Page 198]

CHAPTER IX.

By Theologicall arguments grounded in principles of faith, and the Nature of the Church as it is an absolute Common wealth, the same power of the Supreame Pastour is prooued.

1. WHat proofe holie Scripture yeeldeth for this veritie, we haue seene in ther former Chapter, Now let vs see what proofe reason grounded in faith, and the Churches Nature, can afforde vs. My first Argument I deduce from the comparison before mentioned betwixt the Spirituall, and Temporall power, by which I haue made it manifest, that the Spirituall power exceedeth the Temporall, as in many other things, so in inflicting penalties and punishments; for the Temporall power can onlie punish the bodie, the Spirituall can chastize the soule; that power can only decree, and indict Temporall penalties and mulcts, this can lay spirituall Censures and bonds vpon the soule, euen excommunication. This power which the Church hath to excommunicate, I haue aboue in part prooued out of diuerse places of Scripture, which here with some others I shall alleadge againe for my present purpose. [Page 199]For to omitt that S. PAVL excommunicated that Incestuous Corinthian, 1. Cor. 5. 1. Tim. 1. Tit. 3. 2. Thes. 3. 2. Ioan. 1 2. Cor. 10 as also Hyminaeus and Alexander, he insinuateth the same power where he commands vs to shunne hereticks, and not to say Aue vnto them. As also where he sayth: Arma militiae nostrae non carnalia sunt, sed potentia Deo ad destructionem &c. The weapons of our warfare, are not carnall, but mightie to God vnto the destruction of Munitions, destroying Councels and all loftinesse extolling it self against the knowledg of God, and bringing into Captiuitie all vnderstanding vnto the obedience of Christ, and hauing in a readinesse to reuenge all disobedience. And a little after: quam dedit nobis Dominus &c. which power our Lord hath giuen vs to edification, not to your destruction. Vpon which places S. CHRYSOSTOME sayth: Chrysost. hom. 22. in ep. ad Cor. Ad hoc potentiam accepimus vt aedificemus; Quod si quis obluctetur, tum demum altera quoque facultate vtamur, eum diruentes ac prosternentes. To this end we haue receaued power that we may edifie. But if so be any stand out, or become obstinate, then may we vse another meanes, pulling him downe and prostratinge him. Which place (as some think) prooueth that the Chiefe Pastour may inflict Temporall punishment euen on Princes. And therfore S. Aug. ep. 50. ad Bonifac. Augustine hence prooueth that hereticks may he punished Temporally: But at least it prooueth, that the Pastours, and especially the Chiefe Pastour of the Church, haue not onlie Authoritie to preach and minister Sacraments, but also to chastise offenders by spirituall Censures; [Page 200]which power CALVIN in his Commentaties on this place affirmeth to be grounded on the text of S. MATTHEW before alleaged: Mat. 18. VVhatsoeuer you shall binde on earth &c. to which purpose he applieth that place of HIEREMIE: Hier. 1. Behold I hane appointed thee this day ouer the Gentils, and ouer Kingdomes, that thou mayst pluck vp and destroy, and waste and dissipate, and build and plant; which wordes insinuate power to dispose euen of Temporall Kingdomes, and Authoritie; and, at least by Caluins Confession, signifieth power to excommunicate, and to inflict Spirituall paines; which excommunication is no lesse paine and punishment, then a Spirituall band and chayne, wherewith the soule is chayned, then a banishment from the Church of God, then a deliuerie vp to Satan, then a cutting of from all communion with the Church. For as they who are obedient Children of the Church are partakers of three communions and communications, Aug. li. 1 cont. aduers. legis & proph. cap. 17. Aug. ser. 68. de verbis Apost. & habetur c. Omnis Christia nus. 11. quast. to wit, of conuersation one with another, of Sactaments, and of suffrages, prayers, satisfactions, and merites; so he that is excommunicated is depriued of all these three goods. Wherefore S. AVGVSTIN sayth that it is grauius malum excommunicarià Sacerdotibus Dei, quàm si quis gladio feriretur, flammis absorberetur, aut ferisobijceretur: It is a greater ill to be excommunicated by the Priests of God, then if a man were kild by the sword, consumed by fire, or cast vnto wild beasts to be deuoured. [Page 201]And againe: Omnis Christianus, qui à sacerdotibus excommunicatur, Sathanae traditur &c. Euery Christian that is excommunicated by the Priests is deliuered vp to Satan. How so? Because out of the Church is the Diuell, as within the Church Christ: and so hereby he is as it were deliuered vp to the diuell, who is separated from Ecclesiasticall communion and societie. Hence I deduce this Argument: The Chiefe Pastour of the Church can excommunicate a Rebellious Prince, and by excommunicating him, depriue him of all the Spirituall Treasures of the Church, as Sacraments, suffrages, merites, and satisfactions, yea he can cut him cleane from the Church, and deliuer him vp to Satan: ergo he can, when it is necessarie for the good of the Church, depriue him of Temporall goods, and euen of his Kingdome. I prooue the consequence, because he that can inflict the greater punishment, can inflict the lesser; but it is a greater punishment to be cut of from the Church, and to be depriued of her spirituall goods and graces, then to be depriued of Cities, countries, and Temporall Kiugdomes, ergo the Chiefe Pastour, that can cast a Prince out of the Church, can cast him out of his Kingdome.

2. I know our Aduersaries will deny for all this my consequence (as VViddrington doth) because not alwayes he that can do more, can do lesse, but onlie then, when the more and the lesse are of the same [Page 202]kinde and nature: As for example, he that can carrie fiftie pound weight, can carrie fiue and twenty pownd weight, and yet he that can discourse and reason, which is more, can not flye, which is lesse, because reasoning and flying are not of the same kinde and nature. But yet for all this, my illation and consequence is like to that of the Apostle S. PAVL, 1. Cor. 6. which can not be denyed: For, (sayth he) If the world shall be iudged by you, are you vnworthie to iudge of the least thinges? know you not that we shall iudge Angels? how much more secular things? And the self same Argument vseth GREGORIE the seuenth to prooue that he might depose HENRIE the fourth: for in the Instrument of that Emperours deposition, speaking to the Apostles S. PETER, Vide Baron. tom. 11. an. 1080. n. 11. and S. PAVL, he prooueth that they by him, and he by authoritie receaued from them may depose the aforesaid Emperour, because, sayth he, you, (by Popes your successours) haue often taken Patriarchships, Primacies, Archiepiscopall and Episcopall Dignities from the wicked and vnworthy, and haue bestowed them on Religious men. Si enim spiritualia iudicatis, quid de secularibus vos posse credendum est? & si Angelos dominantes omnibus superbis Principibus iudicabitis, quid de illorum seruis facere potestis? For if you iudge spirituall things, what may we thinke you can do concerninge things that be secular and temporall? And if you shall iudge Angels that haue dominion ouer all proud Princes, what may you do with those that be their seruants and inferiours? [Page 203]Where we see, that not onlie GREGORIE the seuenth, but also S. PAVL do vse the like Argument to that which I vsed, and prooue, that they, who can iudge of spirituall matters, may much more of temporall; For although it doth not alwaies follow in good consequence, that a man can do the lesser, because he can do the greater, as besides the alleaged example, manie others do conuince, for a man can speake, which is more, and yet he can not barke like a dog, which is lesse: yet when the things are of the same nature, or at least not altogether disparate and independent, the Consequence is good. VVherfore seing that Temporall things are ordained to a spirituall end, (if not of their owne nature, yet by God his institution, who hath ordained vs vnto a supernaturall end, as aboue I haue declared) and consequentlie are subordinate, and as it were meanes to a further end, it may be sayd by good consequence, as S. PAVL and S. GREGORIE the seuenth say: The Chiefe Pastour can iudge, and dispose of Spirituall things, ergo he can iudge and dispose of Temporall things, when they are necessarie to conferue the spirituall, and are necessarie meanes to attaine to the end of the Spirituall power, which is conferuation of the Church and faith, and the attaining of life euerlasting. And so as S. THOMAS saith: D. Th. 2. 2. q. 40. a. 2. ad 3 Omnis persona, velars, vel virtus, ad quam pertinet finis, habet disponere de his quae sunt ad finem: Euery [Page 204]person, or art, or virtue, to which the end belongeth, may dispose of those things which are for the end. Seeing then that God hath ordained Temporall things to the saluation of our soules, and consequently to the Churches conseruation; when the Chiefe Pastour, whose office is to bring vs to our Spirituall end, seeth that Temporall things are necessarie to that end, he can not only command, but also dispose of them. Turrecr. lib. 2. de Eccl. ca. 114. Hereupon TVRRECREMATA also vsinge the like Argument sayth: To him that can dispose of the end, it pertaineth to dispose of the meanes, and to remoue also the Impediments, as it is manifest in the Phisitian and sickman, who because they haue Authoritie to procure health, may make choise of the meanes, and may remoue the Impediments of health. VVherfore seing that the Chiefe Pastour is to looke to the soules health of his subiects, he may, not onlie command Temporall things, but also dispose of them to that end, and may remoue them, when they are impediments to that end. And because the King and his Kingdome are comprehended in the number of Temporall things, which are ordained to the conseruation of the Church, and the Spirituall end (for God maketh a promise to his Chureh by the Prophet Esay: Esai. 49. That Kings shalbe her Nurcing Fathers, and that with a countenance cast downe to the ground, they shall adore her: Esai. 60. and threatneth that the Nation, and the Kingdome that shall not serue her, shall perish) it followeth also that, when the [Page 205]Churches right and faith can not otherwise be conserued, the Chiefe Pastour may dispose of the Kings Crowne and Kingdome, hee in that case being subordinate to the Church and Christian faith. Neither will VViddringtons answere serue, to wit, that in this case they are to be directed and commanded by the Chiefe Pastour for the conseruation of the Church, but cannot be by him disposed: because the argument prooueth more, to wit, that if the Chiefe Pastour can not only command in spirituall matters, which are greater, but also may dispose of them, he may also dispose of the Temporall, which are lesser, they being in some case subordinate to the end of the Spirituall power, which is conseruation of the Church, and faith, and procuration of eternall saluation.

3. A second Theologicall Argument may be deduced from the Authoritie, The Second Theologicall Argum. which the Church hath ouer Temporall power: for as aboue I haue shewed) the Spirituall power of the Church is not onlie Superiour to the Temporall in dignitie, but also (if they who haue this Temporall Authoritie be baptized) in Authoritie of commanding, not only in spirituall matters, but also in Temporall, when they hinder the Churches good, or are necessarie for the Churches conseruation. And therfore if the Prince make a Ciuill law, which derogateth to the Church, the Pastour can command [Page 206]them to alter or to abrogate it. S. GREGORIE corrected MAVRITIVS the Emperours law, Gregor. lib. 7. Indic. 1. by which he forbad souldiers to enter into Religion. So S. AMBROSE, though no Pope, but Archbishop of Milan, commanded Theodosius the Emperour, Theodor. li. 5 cap. 17. & 18 who had caused seuen thousand at Thessalonica to be killed for a sedition made against the Magistrates, to make a new law, by which he was so restrained, that when he should condemne any to death or confiscation of goods, the sentenee should not be executed till 30. daies after, that he might haue time to iudge better, when the furie of anger was past. And the Canon law is full of commandementes of the Pope to Princes euen for the disposition of Temporall things; Widdr. in Apol. n. 93. & num. 97.101.141 139.377 378. which also Widdrington graunteth. For in his Apologie for the right of Princes, he oftimes repeateth, that the spirituall power can direct, command, and compell by Censures the Princes to make lawes, which are necessarie for the Churches conseruation, and to abrogate lawes, which are iniurious to her, and so to dispose Temporall things, as they shall not preiudice the Church, but rather serue her for her necessarie conseruation. Widdr. Apolog. n. 197. Yea (sayth he) Potest Ecclesia propter instantem sui ipsius necessitatem praecipere vel prohibere vsum gladij materialis: The Church, when necessitie vrgeth, can command or forbid the vse of the materiall and temporall sword. And then (say I) if the Chiefe Pastour can [Page 207]command the Temporall power, scepter, and sword, when the necessitie of the Church requireth he may also dispose of the Temporall power, scepter, and sword. Widdr. in Apol. Resp. nu. 28. This consequēce Widdrington often tymes denieth, but with how little reason we shall see brieflie. For although euerie one that can command, can not dispose, yet Princes may. I graunt the Ghostlie Father can command his Penitente to giue Almes, and the Penitent shall be bound vnder sinne to obey; yet he shall not therfore loose the proprietie, and dominion of those his goods, which he should haue giuen in almes. Yea I graunt that the Prince, when he commandeth his subiects to contribute for his warres, or other necessities of the Realme, doth not alwaies by and by depriue them of their dominion and proprietie; but yet I say, that as he can command Temporall things for the necessitie of the Realme, of which he hath charge; so he can by his absolute power, called Dominium Altum, when it is necessary for the Common wealth, not only command, but also take those goods from them and depriue them of the same, as in many other cases he also confiscateth their goods and depriueth them of Dominion. VVherfore seing that the Pope is the supreame visible and spirituall Prince of the Church, he may, not only command Christian Princes his subiects to vse their Scepter, Authoritie, and [Page 208]sword to the necessarie conseruation of the Church, and especially not against the Church, but may also (if they contemne his commandement and Spirituall Censures) for the necessarie conseruation of the Church and faith, dispose of them, else he were inferiour to the Prince, and had not Authoritie sufficient for the conseruation of the Church, which is committed and commended to his charge.

4. The third Theologicall argument. The third Argument shall be grounded in the Nature of the Church, as it is a Common wealth; for the Church is an absolute Common wealth, not subordinate to any other, as the Kingdome is to the Chiefe Pastour and Church: Now it is so, that euerie absolute Common wealth, to wit, which is no part, nor is dependent of another, hath power not onlie to enact lawes for the subiects directions, and to inflict punishment on them that are Malefactours, or perturbers of the Ciuill Peace at home, but also may make warre abroad both offensiue and defensiue for her necessarie conseruation against another Common wealth (though otherwise not subiect, nisi ratione delicti) which shall invade her rights, or offer any notable iniurie. And as for defensiue warre, no man with the least shew can deny, but that euerie Common wealth, when there is iust cause may wage such warre; because if euerie [Page 209]priuat man by the Authoritie, which he hath from God and Nature to conserue that being which they haue giuen him, L. vt vim ff [...]de lust. Barthol. l. 9 ff o [...] poen it & l. Furum ff. de sicartis. Alex. 111 c. St vero 1. de sent. excom. Innoc. 111. cap. significasti 1. de homicid. volunt. & casuali: & cap. dilecto de sent, excom in 6. may vim vi repellere, and kill rather then be killed, much more may an absolute Common wealth defend it self euen by armes against another Common wealth or Prince, that vniustlie inuadeth or wrongeth it. As concerning offensiue or aggressiue warres, although euerie priuat man can not reuenge iniuries past, but only defend him selfe when they are actuallie inferred, yet publick persons, such as are Princes, Magistrates, and Common wealthes may: And although Princes and states dependent of another can not wage warre without licence of the Superiour, yet Princes and Common wealthes independent may not onlie punish Domesticall Malefactours, and perturbers of Ciuill Peace and Iustice at home, but also may make warres abroad against other Princes or Common Wealthes though otherwise not subiect, and may not only defend them selues, but also reuenge iniuries past, and may take their enemies townes and strong houldes, burne and kill, till they haue procured iust renenge and future securitie, and consequentlie may in that case depose and kill the Prince him selfe, because the end of iust warre being peace, all things in a iust warre are lawfull, which are necessarie to obtaine peace and securitie: And seing that many [Page 210]times the King or Common wealth cannot sufficiently reuenge nor secure them selues, but by inuading the enemies countrie, by sacking his cities, killing his subiects, and many times the Prince him selfe; all these things are lawfull in a iust Warre, and haue euer bene practized euen amongst the best and godliest Princes, as euen scriptures auerre, Counsels approoue, and histories doe witnesse. For in the olde law IOSVE, DAVID, the MACHABEES, yea ABRAHAM; and in the new, CONSTANTINE the Great, THEODOSIVS, CHARLES the Great, and many others are commended for their warres against Tyrants and the Enemies of God. And onlie Hereticks, or fauourers of Hereticks, Aug. lib. 22. cōt. Faustum ca. 74. Manichees, Thom. Waldēs. tom 3. de Sacr. tit. 24. cap. 169.Wicklefists, and Anabaptists Melancth de loc is. tit. de Magistratu. condemne all warre as vnlawfull, to whom Chil. 4. cent. 1. Adag. 1. & in ca. 3. Lucae. Erasmus seemeth to subscribe. And the reason of this ARISTOTLE giueth: because (saith he) euerie absolute Cōmon wealth must be sufficient in it self, and must haue that Authoritie, which is necessarie, not onlie to defend it selfe whilst iniuries are inferred, but also to reuenge them by warre after they are past, and so to procure not onlie iust reuenge, but also a secure & stable peace for after tymes; for if one Common Wealth or Prince should inuade another, and yet could not be repelled, no Common wealth could longe conserue it selfe. Wherfore when a Kingdome or Common wealth is wronged, it may, not onlie [Page 211]defend, but also reuenge it self in manner aforesaid, for in this case one must yeeld, and reason teacheth that the Common wealth, which is nocent, and which offereth wrong, should rather yeeld, then that, which is innocent, and receaueth wronge: and so if the innocent Common Wealth cannot conserue it selfe whilst the other is in prosperitie, it may make warre vpon it and ruine it, or subiugate it, rather then it selfe should be ruined. And although none but God and lawfull Superiours can reuenge wronges past (according to that Mihi vindictam & ego retribuam: Reuenge to mee, Deut. 31 & Rom. 12. Rom. 13.and I will reward: and againe. Dei enim minister est, vindex in iram ei, qui malum agit: For he is the Minister of God, a reuenger vnto wrath to him that doth euill. And S. 1. Pet. 2. PETER biddeth vs to be obedient, not onlie to Kings, as excelling, but also to rulers as sent by him, ad vindictam malefactorum, laudem verò bonorū, to the reuenge of malefactours but to the prayse of the good:) yet a Common wealth may reuenge it selfe vpon another Common wealth that offereth iniurie, by reason that it hath publick and supreame Authoritie, and that the Common wealth that offreth wrong makes it selfe subiect to the wronged ratione delicti.

5. Vpon this ground layd, I can now build diuers arguments to prooue that which is in this Chapter intended. The First Sequel. For first hence it followeth, that the Church may vse defensiue warre, not only against Christian [Page 212]Princes, but also euen against Pagans and infidels, that do molest her; because Nature teacheth that euery one may vim vi repellere, repell force by force: and although the ordinarie Armes and weapons of the Church be Spirituall, as excommunication, and such like, yet when these will not serue, she may vse temporall. For as Christ in establishing a Church gaue it a Spirituall being, so he gaue it Authoritie to conserue and defend this being by all lawfull meanes: And therfore if euerie one may vse all lawfull meanes to defend, not onlie him selfe, but euen his Temporall goods, and may rather kill, then be killed, yea or spoiled of his goods, because naturall reason teacheth, that when God and nature giue anie being, they giue authoritie to conserue and defend it, else their liberalitie had bene in vaine: So seing that Christ hath giuen his Church a being, which consisteth in a Spirituall power to preach, minister Sacraments, gouerne by lawes &c. whosoeuer shalbe so hardie, as to offer to depriue her of this her being, and power, she may euen with Temporall armes, which otherwise are lawfull, defend and mantaine her right. And although Infidels, who were neuer baptized, be not subiects of the Church, nor shee their Superiour, according to that of S. PAVL. 1. Cor. 5. Quid mihi de his, qni foris sunt. iudicare? VVhat is it to me to iudge of thē that are without? yet there is no superioritie or publick Authoritie [Page 213]required to defend; for euerie priuat man may vim vi repellere, repell force by force, much more may the Church, or anie other Common wealth: else if a priuat man might defend him self, and a Common wealth could not, the priuat man should be in better estate, then a Common wealth, which is absurd. Sanderus lib. 2. de visib. mo narch. cap. 4. pag. 90. VVhat (sayth our learned Country man Doctour SANDERS) yf the Bishop should see a souldiour running through the streets with his sword drawn, readie to kill euerie one that meeteth him, might not the Bishop command some to take his sword from him for the defence of the people, and especiallie the Clergie? if he may giue one commission to take the sword in such a case from the souldiour, why might he not take it from the Captaine; yea Prince, and Emperour? 2.2. q. 10 art. 10. Hence it is that the Angelicall Doctour S. Thomas sayth that the Church may free Christians from subiection to Pagan Princes and take from the Princes their Prelacie and Dominion ouer them. Yea, he sayth that the Church may (though she vse not so to do) free also Christians subiect to Pagan Princes, though the Princes be not subiect temporallie to the Church.

6. Secondlie hence I gather, The secōd sequel. that the Church may make, not onlie defensiue, but also offensiue warre against any other Prince or Common wealth that shall notably molest or persecute her, or invade her [Page 214]Ecclesiasticall right. For the Church is an absolute Common wealth, subiect, at least in Spirituall matters, to no other. Wherfore as England, if it were notably wronged by France, might wage warre, euen offensiue against it, and might not onlie defend it selfe from present wrong, but might reuenge it self also of iniuries past, so may the Church make warre, euen offensiue against both Christians and Pagans for maintenance of her right; for although Pagans, by reason that they are not baptized, and so not subiect to the Church, can not be excommunicated, or otherwise Spiritually punished by her, as rebellious Christians may; yet they may be temporally punished by temporall warre, in regard that they are subiects (as much as is required to inflict temporall punishments) ratione delicti, by reason of the wronge. For so France is not now subiect to England, and yet if it should wrong England notably, England might punish it by temporall warre, because it is subiect at least in this respect ratione delicti, by reason of the offence and wrong offred. And if the Church may wage warre offensiue against Pagan Persecutors, whome she cannot punish Spiritually, much more may she against Christian persecutours and Spirituall Tyrants, that inuade her right and persecute her faith, else she were not an absolute Common wealth, nor had not sufficient Authoritie [Page 215]to defend, and maintaine her state. The sequel.

7. Thirdlie, If one absolute and independent Common wealth may wage warre defensiue and offensiue against another, which is iniurious, though otherwise not subiect, much more may the Church against the Ciuill Common wealth, seing that this is an inferiour state, and truly subiect in Spirituall matters. For if, when two absolute and indepēdent Common wealthes are opposite, that which is nocent and offereth wrong, must yeeld to that which is innocēt and endureth wrong, though otherwise it be neither subiect, nor subordinate; much more, when the Ciuill Common wealth is opposite to the Church, and that offreth wrong, this receaueth, ought the Ciuill Common wealth to yeeld to this, it being not altogether absolute, but subordinate and subiect therunto.

8. But our Aduersaries obiect that the Church hath no Temporall, An obiection. but only a Spirituall sword, and so can onlie excommunicate and inflict Censures, but can neither defend nor offend by Temporall armes; but rather, when her Spirituall sword will not suffice, she must haue patience, hauing no other weapons to vse. And to this purpose they cite those wordes of S. PAVL; 2. Cor. 10 The weapons of our warfare are not carnall; and those also of the same Apostle: 2. Tim. 2 No man being a souldiour to God intangleth him selfe with secular businesses. Yea they vrge euen these wordes of [Page 216]our Sauyour: Mat. 26. Retourne thy sword into his place. And they tell vs plainlie, that the Church, that is, Ca. Clerici &c, quicun. que. 20. qu. 8. & cap. cos qui 20. q. 3. The Answer. Clergie men, are forbidden by her own Canōs to make warre. To this I haue an easie answer, yea many answers. First I answer that the ordinarie weapons of the Church are spirituall, but when they will not serue for her defence, in some cases she may vse temporall armes. Secondlie I answer that the Church hath none but Spirituall armes, that is, spirituall power, but by this power she can, not only punish▪ Spiritually, but also Temporally, and by it she can, not only dispose of spirituall goods, but euen of the Temporall, when it is necessarie to conserue the faith and authoritie of the Church. Thirdly, to answer distinctly to euerie parcell of the obiection, I say that the first place is vnderstood of the spirituall power of the Church, which is not Temporall, nor carnall, but spirituall; but as this power directlie and ordinarilie medleth only with spirituall matters and pumshments, so indirectly, and in some cases for the necessarie defence of the Church, it can command the Temporall glaiue, and handle it also, when Princes at her commandement will not vse it to her end. The other place forbiddeth only Clergie men to be to much sollicitous and studious about Temporall affaires. The third place only forbiddeth to vse the sword for reuenge, and by priuat authoritie: [Page 217]And therfore after CHRIST had bidden S. PETER put vp his sword, 1. Pet. 2. he addeth that all that take the sword, shall perish with the sword; which must needs be vnderstood of priuat men, who indeed take it, but receaue it not from authoritie. For the Magistrate who receaueth the sword from the Prince, may, and must vse the same for the punishment of malefactours. As for the alleaged Canons which forbid Priests, and Religious to goe to warre. I graunt that ordinarily they must not goe to warfare, because it is not beseeming their function, and is for that cause forbidden; but yet by dispensation of the Chiefe Pastour, they may, D. Th. 2.2. qu. 40. a. 2. ad 3 Caietan, ibidem. Bannes ibid. dub 2. cou. 2. & dub. 3 con. 1. Couar. Relect. in Clement. Furiosus p. 2. §. 3. n. 2. and in case of great necessitie (as if otherwise the Common wealth could not be defended) they may and must euen without dispensation, because to this they are bound by the law of Nature, frō which the law of the Church doth not derogate, no more then Grace doth from Nature, as all Diuines do auouch. If Priests then may fight and vse their temporall sword and armes for the necessarie conseruation of the Common wealth, much more may they for the defence of the Church.

9. And certes, if the Church could not do this in such case of necessitie. CHRIST had not sufficiently prouided for her, nor giuen her that Authoritie, which is requisite to euerie absolute Common wealth. For what if Turkes and infidels should inuade [Page 218]the Church, ruine her Temples and Monasteries, despoile her of her Bishopricks and benefices, force her subiects to Idolatrie and superstition hinder by violence preaching, administration of Sacraments, and all practize of Religion, what should the Church do? excommunicate these persecutours? she cannot, hauing no Spirituall power ouer them, they being not incorporated to the Church by baptisme. And if she could, Psal. 63. they would contemne all such weapons tanquam sagittas paruulorum: as the arrowes of children. What then? must the Church stand still, and let the cruell persecutour do his worst? must she expose her selfe, and her subiects to theire mercie, that haue no mercie? Cerres, if in that case she might not take armes, she were the vnablest and worst prouided Common wealth that euer was. And what if the hereticks, Vide Baron. an. Christi 348. & Victorem Vticen. de Persec. Wandalica. who commonlie are more cruell than Pagans (as the crueltie of the Arrians, and euen of Protestants and Puritans in France, the low Countries, and our Iland also, beareth to euident witnesse) would vse the like, or greater crueltie and Tyrannie against the Church and the true faithfull people therof? VVhat defensiue Armour hath CHRIST giuen her? Excommunication (you will say) or other spirituall censures. But what if they also (as commonly they do) would contemne all such armes and weapons? How shall the [Page 219]Church conserue her selfe and withstand their crueltie? should she expose her throate and brest to the Tyrants sword, her selfe and her subiects to his crueltie? should she permitt Sacraments and preaching to be forbidden, all exercise of Religion to be hindered, and in lieu therof all abomination to be set vp and promoted? You will say that after she hath threatned Gods Iudgments, vsed her spirituall Armes and weapons, she hath no more to do, hauing no Temporall Armes to vse, and so must commit all to God, But then say I, that CHRIST, who was incarnate, and liued and dyed for the Church, had not sufficiently prouided for her defence. And they that say she can only haue accesse in that case to God, are like to those Philosophers who deny all power to second causes to produce substantiall formes and effects, and make God the onlie Authour. But as these Philosophers, are hissed out of the schooles, because since God created all at the beginning, he doth nothing in Nature, but by second causes: so I say, that VViddrington and others, who deny the Church all power to defend her selfe, are vnnaturall Children, yea mercilesse and cruell enemies, in remitting her to God only, who though he alwayes heare our praiers and petitions, yet doth not alwaies graunt them. VVherefore wee must finde out a sword and an ordinarie second cause which may [Page 220]in this case defend the Church, and this is no other then her Spirituall power, by which, as aboue is declared, she can dispose of Temporall goods, and Kingdomes for the necessarie conseruation of the spirituall good: For the better declaration wherof I demaund of our Protestantes in England, if his Maiestie should turne Catholick, and consequently should put the ministers out of office, persecute them with sword and fier, what would they doe? They would perchaunce excommunicate him; but what if he contemned such excommunication, as iustlie he might, they being no true Bishops, what would they doe? Trulie if a man may guesse by that they teach and haue practized in Scotland, England, Frāce, Germanie & the low countries, they would trust more to their sword then their word, as we shall see herafter that they haue done in the like case.

10. In disp. Theol. c. 3. n. 21. sect. 1. An obiection of Widdr. But Widdrington taxing the learned Suarez sayth; that if because the Church is an absolute Common wealth, and consequently hath sufficient Authoritie to defend her selfe, we may inferre that she may vse, not only Spirituall, but also Temporall armes, wee must inferre also, that God must giue the Church not only Authoritie to depose Princes, but also force and meanes to execute the sentence of her deposition, The Answer. which yet wee see she alwayes hath not. I answer, that it is not necessarie that [Page 221]God should alwayes giue execution to matters: for the King and Common wealth cannot alwaies actually suppresse Rebelles and vanquish enemies; but yet as if the King or Common wealth had not authoritie to defend it selfe by defensiue and offensiue weapons, neither he, nor the Common wealth were sufficiently by God and Nature furnished or prouided for; so if Christ had not giuen his Church power and Authoritie to defend and conserue her self by Temporall armes, when the spirituall glaiue will not serue, he had not prouided sufficiently for her, neither had she had the Authoritie which is due to an absolute Common wealth. And although God hath promised to protect his Church to the end, (as he promised to defend the Synagogue, and to continue the Kingdome to Dauids posteritie) yet he vseth second causes for the execution and performance of his sayed promise. And therfore as not withstanding his promise, the Iewes and Dauid vsed humane meanes, as warres, and such like, for their conseruation; so may the Church when her spirituall power is contemned.

11. But although (as this Argument prooueth) the Church may vse Temporall armes in case of necessitie, yet it is not so conuenient that she should do it by her selfe immediately, but rather by the hand of the Prince, when she can induce him to vndertake her cause and defence, and for [Page 222]that cause, though she vseth to deliuer hereticks brachio seculari, to the secular arme and power, yet she vseth not to punish them her selfe, not for that she cannot, but because it is not conuenient she should, but only when Temporall Princes will not do that office for her, Lib 4. de consider. cap. 3. Ioan. 10. Mar. 26. whereupon S. BERNARD, alluding to those wordes of Christ: Conuerte gladium tuum in vaginam, as he auerreth the power of handling the Temporall sword, so he saith it is not conuenient for the Pastour to vse it, but only to command it. For thus he speaketh to Pope EVGENIVS the third; Quid tu denuò gladium vsurpare tentas, &c. VVhat dost thou goe about to take to thy selfe againe that sword, which once thou wast commanded to put vp in to the sheath? VVhich yet, whosoeuer denyeth to be thine, doth not seeme to mee to haue sufficientlie attended to the word of out Lord, who sayd; Put vp thy sword into the scabbart. It is thyne therfore & perchance at thy becke, though not by thy hand to be drawne: otherwise if it did not any wise pertaine vnto thee, when the Apostles sayd: Behold two swords here, our Lord would not haue answered, It is enough, but, It is to much. Therfore both the spirituall and materiall sword is the Churches, but that is to be vsed for the Church▪ this also of the Church:Orat. in Auxent. quae extat lib. 5. [...]p. eius. post epist. 32.that by the hand of the Priest, this by the hand of the soul [...]iour, but yet at the becke of the Prieste and commandement of the Emperour. And therfore when S. AMBROSE sayth: Dolere potero, poteroflere, &c. I may be sorie, I may weepe, I may groane. Against armes, souldiours, and the [Page 223]Gothes, my teares are my weapons. For such are the armes and defences of the Priest. Other wise I neither must, nor can resist, VVhen I say S. AMBROSE saith that he hath no other armes but teares and prayers, hee meaneth only that the ordinarie weapons of the Church are Spirituall, but denieth not but that in an extraordinarie case, the Church and Chiefe Pastour may vse Temporall armes, when spirituall weapons are not sufficient.

CHAPTER X.

The same verity is confirmed by the practise of the Church in punishing heretickes temporally, with losse of goods, liberty and liues.

1. THe Church is a Citie on a Hill, Matt. 5 and therfore so illuminated by the Sonne of Iustice, that no cloud of errour can obscure or endarken her: Mat. 16. Shee is builded on a Rocke so surelie that the gates of hell, heresies, can neuer preuaile against her: 1. Tim. 3. Shee is the pillar of truth, and therfore can not maintain any vntruth: Shee is the Spouse of Christ, Osee 2. and so priuie to all his secrets: Shee is so guided by her Head Christ Iesus, so directed by his, and his Fathers spirit the Holy ghost, that she can not erre either in her definitions, or generall practises and customes: and therfore S. AVGVSTINE saith, that to call in question [Page 224] quod tota per orbem frequentat Ecclesia: Aug. ep. 118. that which the whole Church through out the world practiseth, is insolentissima insania, most insolent madnes. Amongst other of her practises one is, and that verie auncient and generall to punish by sword, or fire, or els by Temporall mulctes an obstinate Hereticke; And therfore to doubt whether it be lawfull or no, August. ep. 48. & 50. l. M [...] nichaeos, l. A riani, & l. quicunque, C. de haeret. Cap. ad abolendam, Ca. vergentis, c. excōmunicamus 1. & 2. de haeret. is by S. AVGVSTINES rule most insolent madnes, This practize, I know, pleaseth not hereticks, no more then the execution of Iustice is liked of Malefactours. And therfore the August. li. 2. contra epist. Parmen. ca. 7. lib. 2. contra lit. Petil. cap. 10. & lib. 2. cōtra ep. Gaudēt. cap. 17. & 26. Donatists and Ioan. Huss. art. 14. Constantia damnat. Hussits in times past, and of late Luth. in Assert. a. 33. Luther to saue their owne skinnes, stifly stand to it, that the Church cannot punish hereticks Temporally, especially with death; and the same In Assart. art. 33. Luther in one of his articles condemned by LEO the Tenth, sayth: haereticos comburi estcontra voluntatem spiritus: that heretickes should be burned is against the will of the spirit. To whom not withstanding Caluin in practise subscribed not, for he caused Michael Seruetus to be burnt, reseruing for him selue his goulden Chaine, as Resp. pag. 54. Restius reporteth; & both he and Beza by and by published in print, that it is lawfull to vse the Temporall sword against Hereticks, which also Benedictus Aretius alloweth in his historie De supplicio Valentini Gentilis. And certes that Hereticks may be temporally punished by the Church, I [Page 225]haue alreadie prooued by many places of scripture, especiallie out of the olde Testament, out of which I may argue for the Churches practise with S. Ciprian: Cypr de Exhort. Martyrij cap. 1.Si ante aduentum Christi circa Deum colendum, & Idola speruenda, haec praecepta seruata sunt, quāto magis post aduentum Christi sunt seruanda, quando ille veniens non verbis tantum nos hortatus sit, sed & factis. If before the Comming of Christ those precepts were obserued touching the worshiping of God, and reiecting of Idols: how much more are they to bee obserued after the coming of Christ, seing that hee coming hath not exhorted vs onlie by words, but also by deeds? Aug ep. 48 et. 50. S. AVGVSTIN speaking of the hereticks of his time sayth: Videte qualia faciunt, & qualia patiuntur. Occidunt animas, & affligūtur in corpore: See what things they do, and what they suffer; they kill soules, and are punished in bodie; they kill sempiternally,Lib. 2. cōtra lit. Petil [...]a. 7. & li. 1. contra. Parm. cap. 7. Concil. Calced. Act. 1. Anton. 3. p [...]tit. 19. c. 1. §. 4.and suffer Temporall deathes. And in diuers other places he prooueth that they may be punished Temporally; though once he was of opinion, that they should not be forced by the sword, but persuaded onlie by the word. Dioscor [...] Bishop of Alexandria in the first Action of the Councell of Calcedon: Si Eutyches praeter dagma Ecclesiae sapit, nō solum paenâ dignus est, sed & igne. If Eutyches thinke otherwise then the Church teacheth, he deserueth, not onely to be punished, but also to be burned. VVhereupon S. Antonine reporteth that in the time of INNOCENTIVS the Third, no lesse then a hundred and fourescore Hereticks of the Albigenses were burned for obstinat and pertinacious [Page 226]maintaining of their damnable sect. Concil. Constat. sess 15. art. 14. And in the Councell of Constance IOHN HVS, and HIEROM of Prage were condemned to the same death, In praem. Concil. Nicen. Sozom. li. 1. c 20 Sòcr. li. 1 cap 6 & Niceph. li. 8. cap. 18. can. Ipsapietas 23. qu. 3 l. Quicun (que) C de haeret. Et ca. ad abolendam, ca. vergētis c. excom municamus v. c. absolutos de haret Concil. Lateran. sub Inn [...]c. 3. can. 3. l. Cuncti l. Ariani. l. Manichaeos. C. de heret. and ended their miserable life by fire. VVhere also Hvs his fourtenth Article, in which he affirmed cōtrarie to this practise, that the Prelats of the Church in deliuering Hereticks to secular power, were like to the Scribes and Pharisees, who procured Christs death, and yet said: Nobis non licet interficere quenquam; It is not lawfull for vs to kill any, was condemned. Certes in the Councell of NICE, ARRIVS bookes were commanded to be burnt vnder paine of death, as he, and his followers were banished. In THEODOSIVS the Emperours time hereticks were mulcted and punished in their purses. And after MARTIAN and VALENTINIAN decreed punishment of death against them. The Common law also is full of Temporall punishments prescribed for hereticks. They are deliuered vp to the secular power to be punnished according to the Emperours lawes; their goods are confiscated; Aduocates and Notaries, that fauour them, are sufpended from their offices, and made by the law infamous for euer; They are depriued of the right of making their last Will and Testament, or succeeding by Testament; and are condemned to perpetuall prison; Finally those that were bound to Hereticks, are freed from their bonds.

2. If VViddrington answer that this Argument [Page 227]prooueth onlie that Hereticks may be punished, yet not by the Church, but by the Magistrate: I must tell him, that if the Magistrate may punish Hereticks, much more may the Church, because the Magistrate and Prince, as he is not to iudge which is heresie, so it pertaines not to him to punish Hereticks, Vide Suar [...]z lib. 4. de legibus cap. 11. heresie being a crime which pertaineth to the Ecclesiasticall, not to the Temporall Court; and therfore that Princes by their lawes do decree punishments against hereticks, they do it by commission from the Church, which is the cause why the Church first deliuereth them vp to secular power: whence followeth that the Church, who giueth Authoritie to Princes to punish Hereticks, may do it her selfe when they are wanting in their office, which also all the Arguments alleadged do conuince. And Widdrington cannot denie, Ca. ad ab solendum cap. vergentis. c. Excōmunicamus. ca. fin. de haereticis. & 15. q. 6. ca. not Sanctorum. that the Church doth deliuer vp Hereticks to secular power, which is a temporall punishment, as also that she casteth them into prison, confifcateth their goods, makes them infamous, vncapable of new secular offices, and of the right and lawfull execution of the olde, makes them vnable to make their last will, or to succeed by Testament; yea and that by her decrees they be excommunicated, and consequentlie depriued of all Ciuill societie, which are in like sort Temporall punishments. Moreouer, it cannot be denied but that the [Page 228]Councell of Trent, sess. 25. cap. 3. Commaundeth Ecclesiastical iudges not to vse Censures but when there is vrgent cause; and in lieu therof to condemne malefactours to pecuniarie mulctes.

3. And if the Church can thus punish ordinarie Christians temporallie, she may inflict Temporall punishments vpon Kinges, because although Kings as Kings are superiours to their subiectes, yet as Christians, and Christian Kinges also, they are as subiect to the Church, as others, because (as aboue I haue declared) the reasō why other Christians are subiect to the Church, and her visible Head and Pastour, is, because they are incorporated to the Church, and made members therof by baptisme, and consequentlie subiect to the whole bodie and head, but Kinges and Emperours are as well incorporated as other Christians, being as well baptized and signed with as good and as vndefaceable a caracter of baptisme, ergo they are as subiect. And then say I, If they be as subiect, they may by the Churches authoritie be punished aswell as others, and not only spirituallie, but also temporallie, as others may: & if once it be graunted that hereticall and rebellious Princes may be punished by the Chiefe Pastour by lesser penalties, as cōfiscations of goods, infamie, exile, & such like punishments, which are inflicted on all obstinate hereticks; then I shall easilie inferre, that they may by the Church [Page 229]be depriued also of their Kingdomes, that depriuation being a temporall punishment, & so of the same order with the others; And though it be greater then many others, yet, why may it not be inflicted for an enormious rebellion or iniurie against the Church? This I say to prooue that Princes by the Church may be punished temporallie though the Church alwayes beareth and ought to beare that respect to Princes, that she will not vse tēporall punishmēts against Princes, no nor any punishment at all, but only when holsome admonition will not serue, and the Church is much interessed.

CHAPTER XI.

The same power of the Pope ouer Princes is prooued by authority of Generall Councells, out of which are gathered, for the same authority, euident and conuincing arguments.

1. THe Authoritie of a Generall Councell, confirmed by the Pope, quoad nos, in respect of vs (to whom a Councell is better knowen then Scripture, though in it selfe not of so great credit as Scripture) is the greatest in earth, and vnder the cope of Heauen. For if a Councell, especiallie Generall, confirmed by the Chiefe Pastour, Act. 15. notwithstanding that it representeth the [Page 230]whole Church, containeth all the Chiefe Pastours of the Church, and hath in it assembled all the learning, wisdome, Authoritie, and sanctitie, yea the holy Ghost for directour, may erre: who cannot erre? And after such Authoritie reiected, whome shall we finde of greater Authoritie for interpreting Scripture, deciding controuersies, clearing doubts and difficulties, and enacting holsome lawes? Mat. 18. Christs bids vs holde him for no better then an Ethnike and Publican who will not heare the Church, and where, or when doth the Church more expreslie deliuer her mind, or teach with more Authoritie, or command with more right to be obeyed, then in a Generall Councell? [...]au. 14. & 16. And if in any place or cōmunitie the holie Ghost presideth (as certes Christ promised his Holy spirit to his Church, and the Apostles, and their Successours) no doubt in a Generall Councell he teacheth all veritie. Act. 15. Hence it is, that S. PETER and the Councell holden at Hierusalem, sayth: Visum est spiritui sancto & nobis: 1. Tim. 3.It hath seemed good to the Holie Ghost and vs. And if the Church be euer the Pillar of truth, it is in a Generall Councell: If euer Christ fulfilleth his promise to be there where two or three are gathered together in his name, Athan. in epist. de Synodie Arim. & Seleue. he fulfilleth it in a Generall Councell. Wherefore ATHANASIVS calleth the decree of the Councell of NICE Sententiam Apostolicam, An Apostolicall sentence, and in another place he marueiles [Page 231]how any dare make any doubte, Epist. ad Epict. Ambros. li. 5. epist. 32. Aug. ep. 162. & 118. or moue any question concerning any matters decided in that Councell. S. AMBROSE did giue such credit to it, that he sayd neither death nor sword should separate him from that Authoritie. S. AVGVSTINE calleth the sentence of a Generall Councell the last sentence from which is no appeale, and saith that the Authoritie of Councels in the Church is saluberrima, most holesome. Ciril in dial. 1. S. CIRILL of Alexandria calles a Generall Councell Basim, & immobile fundamētum.Gregor. epist. 28.A ground and immoueable foundation. S. GREGORIE the Great honoured the foure first Generall Councels (to which the Councell of Trent is equall in Authoritie, cōsisting of as lawfull Bishops) as the foure Ghospelles, to wit for their infallibilitie. This I thought good to premise, because Widdrington and others seeme not to giue that respect to Councels, as the Authoritie of them requireth. Let vs now see what the Councels say of this matter in hand, and then let me see the face, that dareth face out so great Authoritie.

2. And first let vs see what the Generall Coūcell of Laterā, held in the yeare of our Lord 1215. vnder INNOCENTIVS the third, determineth in this matter. Surius praefat. in hoc Conc. Platina in Innocentie 3. No man (sayth Laurentius Surius in his Preface to this Councell) can doubt of the Authoritie and generalitie of this Councell, because in it were handled matters of Religiō, & determined also with great consent both of the Latin and Greeke [Page 232]Church, and in it were present the Patriatches of Constant inopole and Hierusalem in their proper persons, the Patriatches of Alexandria and Antioche by their Legates; Archbishops Latin and Greeke 70. Bishops 412. Abbots and Priours aboue 800. the totall number of all the Prelares were at least 1215. The Legates also of the Greeke, and Romane Emperours, of the Kinges of Hierusalem, France, Spaine, England, and other Princes, were present with the rest. This Councell then, called the Great for the number of Prelates, in the Third Chapter, after excommunication pronounced against Hereticks, admonisheth secular powers, and commandeth them to purge their countries from Heretikes, and to promise the same by oath: then the Councell addeth: Si verò Dominus temporalis &c.Council. Later. sub Innoc. 111. cap. 3.But if the Temporall Lord being required and admonished by the Church, shall neglect to purge his land or Territorie from hereticall lewdnesse, let him be excommunicated by the Metropolitane and the rest of his Comprouinciall Bishops. And if he contemne to satisfie within a yeare, let this (his contempt) be signified to the Chiefe Bishop (the Pope) that from that tyme he (the Pope) may denounce his vasalles freed from all fidelitie vnto him, and may expose his land to be possessed by Catholiks, who (heretickes being exterminated) may possesse it without any contradiction, and conserue it in puritie of faith without preiudice to the Principall Lords, so that he put no obstacle nor impediment, the same law notwithstanding obserued concerning those [Page 233]who haue not Principall Lords. This Councell I suppose to be of sufficient Authoritie, for it was Generall, and in number of Prelates and Bishops surpassed the first Councell of NICE by many; It was of as great Authoritie, as any Councell can be, because the Authoritie to make lawes, and to decide controuersies, dependeth not of the sanctitie, but only of the lawfulnes of the Pastours, and seing that these Pastours could say as much for their ordination and vocation, as the Fathers of the Councell of NICE could, it must needs follow that this Councell (as are also all lawfull Generall Councels) was of as great Authoritie as was that of NICE, which our Soueraigne Liege King IAMES admitteth with the other first three Generall Councels, In pr [...]f. monit. pag. 37. and consequentlie cannot reiect this, which is of the same Authoritie. To say that the Pope speaketh onlie of them, who are subiect temporally to his Temporall Authoritie which he hath in Italie, were ridiculous, because the wordes are Generall; and if they were restrained to Italie, the decree could haue had little force. To say that absolute Princes are not comprehended in this decree, but onlie inferiour Princes, who holde feudum Regale of them, is absurd; for a little before this alleaged decree, the Coūcell ordained that seculares potestates, secular powers, must take an oath to expell hereticks out of their countries, which wordes secular powers agree to absolute [Page 234]Kings and Emperours, else when S. PAVL commaunded that euerie soule be subiect to higher powers, potestatibus sublimi [...] ribus, Rom. 13. Kinges and Emperours must be excepted, because they goe not vnder the name of Powers. And immediatly after this admonition the Councell addeth the alleaged decree: Si verò Dominus Temporalis &c. But of the Temporall Lord &c. Where she calleth the same Dominos Temporales, Temporall Lords, whom before she called Potestates saeculares, Secular powers. And are not Kings and Emperours Domini Temporales, Temporall Lords? yea and principallie, and more properlie to be called so, then those Princes that holde of others? If Widdrington would denie this Title to our King, he would be counted a Traytour. And what can they alleage against those others so expresse wordes: eâdem nihilominus lege seruatâ circa eos, qui non habent dominos principales, the same law not withstanding obserued concerning those who haue not principall Lords? In which words euen Kinges and Emperours are comprehended, for they especially haue no Temporall Lords.

3. But let Widdrington vnderstand by secular powers and Temporall Lordes whome he will (as certes he spendeth many wordes to shew that by Temporall and principall Lordes absolute Princes are not vnderstoode) if the Pope coulde make a decree of deposition against inferiour Princes, why not against supreame Princes, they in that they [Page 235]are Christians being as subiect to the Church and her Chiefe Pastour as other Christians of inferiour degree? Widdr. in discussione discussion [...]s Decreti Concil. Lat. sec. 5. a. n. 3. Widdrington answereth that the Pope and Generall Councell may make a decree of deposition against inferiour magistrates or Lotdes by consent and Authoritie giuen them by Soueraigne Princes, but he can not make a decree of deposition against supreame Princes, because they neuer consented, neuer gaue him Authoritie against them selues. Idem sec. 5. nu. 15. Hence Widdrington sayth also, that all temporall mulctes, and punishmentes which the Church decreeth, shee decreeth by authoritie giuen her from Princes, and that therfore in such penall lawes Christians may refuse to obey, till they know that the Prince gaue the Pope, and Councell such Authoritie; yea, that in these lawes they may appeale from Pope, or Generall Councell to the Princes. But as in other thinges, Widdrington to holde vp the cause whose defence he hath vndertaken, is forced to helpe him selfe with the worst opinions, and to seeke authoritie from the obscurest Authours, and these of the least credit; So dealeth he in this: for he is not ignorant, that whatsoeuer some one, or two Authours may say, that all the current of Diuines mislike them in this, and counte it straunge, yea and absurde, to say that all the penall lawes of the Church, which prescribe Temporall mulctes related in the Canon law, and in Councelles; should [Page 236]haue theire force not from the Councelles and Pastours, but from Kinges and Princes. For although they confesse, that Princes gaue to the Pope his Temporall Demaines, and consequentlie Temporall and princelie Authoritie within the limites of the same; yet in what meeting of Princes, in what Councell, did euer Princes conspire to giue the Pope Temporall Authoritie through out the whole Church? And in the last Generall Councell of Trent in which diuerse Temporall penalties are decreed, what mention is there of the Princes donation of Authoritie to the Councell? Princes and Emperours by them selues or their Legates are present at the Councell to protect the Fathers, to assist them for execution of theire lawes, but that they euer gaue authoritie to the Councell to enact any Temporall law, or that the Fathers of the Councell and the Chiefe Pastour of the Church demaunded licence and Authoritie of the Emperour or Princes to make such lawes, who euer read? who euer heard? And why could not the Princes, why would not they them selues enact such lawes in their owne name (as sometimes they haue don against Heretickes) that being a thinge more honourable for them and lesse daungerous to them, seing that by permitting Popes and Bishops to doe it, they might derogate to their owne authoritie and giue [Page 237]occasion to them to prescribe against them and to do it not in the Princes but in their owne name and Authoritie? And when did WIDDRINGTON heare that any good Christians appealed from the Church and Pope in these lawes vnto Princes as to their highest Superiours? when did they reiect any of these lawes till they had informed them selues that they were made not by the Churches but by the Princes authoritie? Certes WIDDRINGTON in this openeth a wide gap for Heretickes and all contemners of the Churches authoritie. And what may he not defend if he be permitted to vse this libertie and audacitie? As for his Authours we shall see hereafter in the ensewing thirteenth Chapter, how many they are and of what Authoritie.

4. Wherfore my Argument shall proceede as it began in this manner: The Pope by VViddrington can make a Decree to depose inferiour Temporall Lordes ergo Supreame Princes, they as Christians being as subiect te the Church by Baptisme (as aboue is shewed in the 5. Chapter num. 4.5.6.) as much as the lowest Christians, though in that they are absolute Princes they haue no Superiour but God in Temporall Authoritie. To say that Pope INNOCENT made this Decree of his own head, is but to shew great ignorance, for in Generall Councels Popes [Page 238]speake ex Cathedra, and as publick, not priuate persons; and what they decree, is With the common consent of all the Bishops, or the most part; else if the Pope should do all of his owne head, in vaine should he assemble Generall Councels. But that all the Councell and Christian world consented to this decree, it is cleare enough, for that no mention is made of any variance betwixt the Pope, and the Councell in this matter. To say that the true Councell of Laterane is not extant, or that the Canons extant were compiled only by INNOCENTIVS, because in this Councell, the Councell of Laterane (though not this, but another) is cited and alleadged, are so improbable euasions, that they merit not confutation, and are verie suffieientlie reiected by the booke called Discussio decreti Magni Concilij Lateranensis.

5. One thinge there is bearing more shew, which our Aduersaries might alleage, to wit, that if this Councell did in expresse tearmes define that the Pope hath power to depose Princes, they would then yeeld, because what a Generall Councell with the Pope defineth directly, and expresly, is a mattet of faith, and it is heresie to gainsay it. But seing that all thinges spoken, or written in a Councell are not matters of faith, (for, as Diuines commonlie say, the reasons which the Councell bringeth for confirmation of her decree, [Page 239]and those things which are spoken incidentlie, Bellarm. lib 2. de Concil. cap. 11. & 12. and the things which are determined as probable, are not of necessitie to be beleeued) it seemeth that by this decree we are not bound to beleeue that the Pope can depose Princes; because though the Pope and Councell make a decree of deposition, yet they define not expresly nor sub Anathemate, vnder paine of Curse, that the Pope can depose Princes.

6. But who so pleaseth to consider this decree well, and without all passion, or partiall affection, must needs confesse, that this decree ought to be of verie great credit: for first the Pope and Councell suppose at least that the pope can depose Princes, else they would neuer haue made such a Decree, and consequentlie this decree argueth that the Pope and all the Prelates, Princes, and Legates present, were of that opinion, which no doubt, they being so many and so learned, must needs beare a great sway amongst all good Christians; for what they thought, all the Christian world, at least for the most part, thought, all receauing and approouing this Councell. But widdringtō will say, that he will not denie, but that they all thought so piouslie, and probablie, yet because they defined not in expresse tearmes that the Pope can depose Princes, he will not beleeue it. A peremptorie Answer certainlie, and wherin (to say no more) the Answerer shall shew him [Page 240]selfe verie slow and hard of beleefe, and to hardie also, who blusheth not to gainsay so many learned and godlie Prelates, and whome so many graue countenances and Iudgements can not moue.

7. But I will deale yet another Way, and out of the selfe same decree. Although the Pope and Councell in the alleaged decree do not expreslie define that Popes can vpon iust cause depose Princes, yet it argueth that they, nor onlie probablie, but verilie, and assuredlie thought he could, else to haue grounded so odious a decree, and iniurious also (if the Pope haue not Authoritie) vpon a probable opinion, had bene great rashnesse. For the Councell had exposed therby (if the opinion had not bene supposed most assured) the King and Common wealth, yea and sometimes the whole Church to vprores, garboiles, rebellious warres, and such like: And warre should haue bene iust also on both sides: For the subiects might haue refused to obey the deposed Prince, as being freed by a Generall Councels authoritie from all obligation to him, and being warranted by the same Councell, that now he is no more their King, but an vsurper and Inuader, against whom euerie particuler man hath iustum bellum; iust warre. And so as if a forraine Prince should vniustlie inuade France without iust title or wrong receiued, euerie Frenchman might resist him, if he could, [Page 241]because he hauing no Title, all the Kingdome, and euerie particuler member hath iust warre against him; so if a Prince deposed persist in gouernment, he is according to the Popes and Councels opinion (which VViddrington confesseth to be probable) an vsurper and inuader, and consequentlie euerie one of his former subiects hath iust warre against him, Cicero lib. 3. de offic. H [...] rodotus lib. 3. Xiphilin. in Augusto. Alexād, ab Alex. li. 3. c. 26 D. Th in 2. d. vlt. q. 2. a. 2. ad 5 Sot. lib. 5. de Iust. q. 1. art 3. & alij infra cap. 15. citandi. no lesse then (as all the best Philosophers and Diuines teach) the subiectes haue against an vsurper of the crowne. And yet this Prince deposed might iustlie also persist in his possession, because no man is bound to forgoe that, to which he hath probable right, being warranted by the rule of the law Reg. 65 de Regulis Iuris, in 6. In pari delicto velcausa potior est conditio possidentis. In the like default or cause, better is the condition of him that is in possession. And againe: Reg. 11 ibid. Cum sunt iura partium obscura, reo fauendum est potius quàm Actori. VVhen the rightes of the parties are obscure, the guiltie or accused is to be fauoured before the Actour or accuser: But the Prince in this case hath, according to VViddrington, probable right, and is in possession; and he is reus, not Actors ergo he may stand in his owne defence, and by warres defensiue may maintaine his possession: And then to what iniuries and gatboiles the Church should expose Kings subiects and Kingdomes, and consequently the whole Church, who seeth not, but he that is wilfullie blind, and will not open his eyes? so that either the Councell of Laterane [Page 242]was temerarious and rash to build so perilous a Decree vpon no assured, but only probable opinion; or she thought assuredly that the Pope had such Authoritie; and then euerie obedient Child of the Church should rather follow hers, then Widdringtons, and some few his companions opinion. For certes, otherwise as it is iniustice to put one out of his land or house, who hath probable right, and withall possession, because potior est cónditio possidentis, better is the condition of him that is in possession. So were it open iniustice in the Pope to depriue a King of his Crowne and Kingdome, who hath probable right (because it is, as Widdrington saith, but probable, not assured, that the Pope can depose him) and who yet hath possession. He answereth that the Church commandeth the Feast of the Conception, and the Pope hath giuen authoritie to simple Priests to confirme, and moreouer dispensed with Princes in the solemne vow of Religion, which yet are grounded but on probable opinions: But the foresaid Authour in his discussion of this Decree, hath verie well shewed that such inconuenienecs follow not vpon these Decrees, which are not so dangerous, nor concerne not the whole Church, as this decree doth, but onlie particuler persons, and therfore I will not actum agere.

8. But here I can not but obserue how cunninglie Widdrington in his new yeares-gifte [Page 243]endeauoureth to make his Reader beleeue that I made this Argument against my selfe. In his new yeares gift pag. 43. and 52. For wheras I out of the decree of the Generall Coūcell of Lateran (which I supposed to be iust) had inferred, that the opinion which holdeth, that the Pope can in some case depose a Prince (on which this decree is grounded) must needes be more then probable, and no lesse then certaine; else if it were but probable that the Pope can depose a Prince it were probable also that the Prince deposed had still probable Title, and so being in possession, should vniustly be dispossessed; because better is the condition of the possessour, who hath probable right: VViddrington taketh it for a probable opinion only that the Pope can depose a Prince, (whieh I alwayes denied and disprooued) and thence inferreth, and (as he would seeme) euen by my argument, and Confession, that the Pope cannot without open iniustice depose a Prince. Where I desire the Reader to note, how I (as all modest Catholickes should doe) doe attribute so much to the Councelles decree that by it, I prooue it to be a certaine opinion that the Pope can depose a Prince in some case, else the decree had been vniust: VViddrington notwitstanding this decree, holdeth still that it is but a probable opinion, that the Pope can depose a Prince, and thence inferreth, that the Pope can not iustlie depose, and so is not ashamed, nor afraid to confesse in [Page 244]effect that this decree of that so greate, and Generall Councell is vniust: which with what modestie he can do. I report me to all modest Catholickes, and to the iudgement of all iudicious Readers.

9. Lastlie I will yet trie another waie to persuade these kinde of men, which if they contemne, Mat. 18. they can hardlie auoide that imputation of Ethnikes and Publicanes, which Christ him selfe layeth on them that will not heare the Church. For not onlie that, which is expreslie, and in actu signato defined by the Councell, is to be beleeued vnder paine of heresie, but also that, which in actu exercito is defined. I will explicate my self. If the Pope, especiallie with a Generall Councell, decree or enact any Generall law, which he commandeth to be obserued of the whole Church, he doth not expresselie and in actu signato define the thing to be lawfull which he commandeth, but yet he doth in actu exercito and tacitè define it to be lawfull, because if he cannot erre in prescribing generall lawes to the vniuersall Church (as if he could, the whole Church, which must obey her Chiefe Pastour, should erre with him) it followeth necessarily that he hath infallible assistance in enacting such lawes, and consequently that it must not onlie be probable, but also certainly true, yea and so true, that it is not onlie temeritie and rashenes, but also obstinate heresie to holde that it is vnlawfull, [Page 245]which the Pope thus commandeth. Bellarm. lib 4. de Rom. Pont. cap. 5. Du Valle lib. de suprema Rom. Pont. in Ecclesiam potestate part. 2. q. 7. This is the opinion of Bellarmine, which he prooueth also verie solidlie. The same a learned Doctour of the Sorbonnes, and Chiefe Reader in Diuinitie called Du Valle holdeth, and (as Diuines knowe) it is the common opinion, though some few holde the contrarie. Du Valle hath these wordes: Han [...] autem (infallibilitatem) non minùs, quàm in fidei definitionibus agnoscunt omnes Catholici Doctores. But this (Infallibllitie) no lesse then in definitions of faith all Catholick Doctours do acknowledge. This both Bellarmine and he, as others also, prooue by many Arguments. For First, if the Pope could command an vnlawfull thing, he should command vice for vertue, and might forbid vertue as vnlawfull: whence should follow that the Church (which must obey her Chiefe Pastour) should erre in a matter necessarie to saluation; for she should imbrace vice for vertue, and imbracinge that, should be no more Holie. Yea then the Church should erre in a matter of faith, because if the Pope cōmād vice for vertue, the Church, which must giue eare to her Chiefe Pastour, should embrace it as lawfull, and consequentlie should embrace a thing against faith; for, as it is against faith to say or thinke that Christ is not reallie in the Blessed Sacrament, so is it to say or thinke that vice is vertue: which yet the Chiefe Pastour should teach in commanding, and the Church should beleeue in embracing [Page 246]and obseruing? Whence I inferre that the former decree of the Councell is a matter of faith, and necessarily to be beleeued. For by this decree, the Pope and Councell of Lateran do absolue the subiects from obedience and fidelitie by a Generall Decree, & do depose the Prince from his Kingdome, which if it were vniust (as it must needs be, if the Pope had no Authoritie) the Pope and Councell should erre in a matter against faith, because the Catholick faith teacheth, that vertue is good, vice is euill and vnlawfull; & yet if this decree of deposition of the Prince and absolution of his subiects from their fidelitie were against iustice, the Church, which must obey her Chiefe Pastour, should be bound to thinke iniustice to be iustice, & vice to be vertue, which is against faith. And therfore if VViddrington, notwitstanding this decree, will obstinate lie holde, that the Pope cannot depose a Prince, or free his subiects from their fidelitie and alleageance, he must graunt, that either the Pope with the Councell commandeth against faith, or that hee disobeyeth against faith, not beleeuing that to be iust, which the Pope decreeth with a Generall Councell. This decree of this Great Councell doth so trouble and pussle VViddrington that in his booke intitled discussio discussionis, sec. 1. he endeauoureth by many Arguments (though as he would seeme in the name of others) to make this Councell of little credit: which was not [Page 247]the Spirit of the learned Cardinall Allan, Chap. 4. who in his Answer to the Libeller calleth it the famous Councell of Lateran, and comming to alleage this decree of the Fathers of that Councell, he thus pronounceth: These then are the wordes of their most renowned decree.

10. The same Arguments I may drawe out of the Generall Councell of Lions, Cap. 1 de homicidio in 6. which hath this decree: Sacri approbatione Concilij statuimus &c. By the approbation of the holie Councell wee do decree that whatsoeuer Prince, Prelate, or whatsoeuer Ecclesiasticall or secular person shall cause, or command any Christian to bee killed by the aforesayd Murderers (although death therby doe not follow) or shall receaue or defend, or hide them, shall incurre, ipso facto, the sentences of excommunication, and deposition from his dignitie, honour, office, and benefice, and that the same may be giuen freelie to others by them, to whom the collation appertaineth.

11. Likewise another Councell of Lions, and Generall also, held in the yeare of our Lord 1245. Ex Nauclero, Aemilio, Platina. at which were present BALDVINE the Emperour and S. LEWIS of France, INNOCENT the fourth, with with consent of the Councell deposed FREDERICK the second, and absolued his subiects from their oath made vnto him, commanded vnder paine of Excommunication all his adherents to leaue him, and not to obey him as Emperour, & gaue permission to the Electours to choose another in his place. Extat. cap. Ad Apostolicae, de sent. & re iud in 6. Vide etiam Westmo naest. an. 1245. Mat. 16. The Decree is this: Nos itaque super praemissis, &c. VVe therfore with our brethren, and the Holie [Page 248]Councell hauing premised a diligent deliberation about the aforesayd, and many other his hainous excesses; seing that wee, though vnworthie, supplie the place of CHRIST in earth, and that to vs in the person of Blessed Peter it was sayd: VVhatsoeuer thou shalt bynde vpon earth, it shalbe bound also in heauen; doe declare and denounce the aforesayd Prince, who hath made him selfe vnworthie of Empire, kingdomes, and all honour and dignitie, and who for his iniquities is reiected of God from raygning and ruling, to be tyed in his own sinnes, and as an abiect, depriued of all honour and dignitie: and yet not withstanding by sentence wee depriue him, and absoluing perpetuallie all who are bound to him by oath of fidelitie from this oath, do by Apostolicall Authoritie firmelie forbid that any hence forth doe obey him as Emperour &c.

12. GREGORIE the seuenth in a Councell at Rome in the yeare of our Lord 1076. excommunicated and deposed HENRIE the fourth for many his insolences, outrages, and enormities. Vide Baron. an 1076. n. 25. The Excommanication beginneth thus: Beate Petre Apostolorum Princeps, inclina, quaesumus, pias aures tuas nobis, & audi me seruum tuum, quem ab infantia nutristi, & vsque ad hunc diem de manu iniquorum liberasti, qui me pro tua fidelitate oderunt & odiunt. Tu mihi testis es, & Domina mea Mater Dei, & Beatus Paulus frater tuus inter omnes sanctos, quod tua Sancta Roman [...] Ecclesia me inuitum ad sua gubernacula traxit &c. Blessed Peter Prince of the Apostles, we beseech the [...] to incline thy pious eares vnto vs, and to heare me [...] thy seruant, whom from my infancie thou hast nourished, and vnto this day hast deliuered from the [Page 249]handes of the wicked, who haue hated and do hate mee for my fidelitie towards thee. Thou art my witnesse, as is also my Ladie the Mother of God, and Blessed Paul thy brother amongest all the Saintes, that thy holie Romane Church drew mee against my will to her gouernment &c. Then a little after he addeth the Excommunication and deposition it selfe: Hac itaque fiducia fretus, pro Ecclesia tuae honore & defensione, ex parte omnipotentis Dei Patris, & Filij, & Spiritus Sancti, per tuam potestatem & Authoritatem, Henrico Regi Fi [...]io Henrici Imperatoris, qui contra tuam Ecclesiam inauditâ superbiâ insurrexit, totius Regni Teutonicorum & Italiae gubernacula contradico, & omnes Christianos à vinoulo iuramenti, quod sibi fecere & facient, absoluo; & vt nullus ei sicut Regi seruiat interdico &c. Therfore building vpon this confidence, for the honour and defence of the Church, in the behalfe of the omnipotent God, the Father, the Sonne, and the Holie Ghost, by thy power and Authoritie, I do take from King Henrie the sonne of Henrie the Emperour, who by an vnwonted pride neuer heard of hath made insurrection against thy Church, the gouernment of the whole Kingdome of the Almaines and of Italie, and do absolue all Christians from the bond of oath, which they haue made, or shall make vnto him, & I do forbid any to serue him as King. But because the Emperour, after this, submitted him selfe, and promised by solemne oath satisfaction, and shewed exteriourly great penance; the Pope to shew that he desired not his deposition, but as a meanes to the Churches true peace, and his saluation, absolued him from [Page 250]excommunication in the Castle of CANVSIVM, where then the Pope was, and admitted him to the Masse, which he celebrated: and in the Masse called the Emperour vnto the Altar, and holding the Blessed Sacrament in his hand, said to the Emperour: Ego iam pridem àte tuisque fautoribus literas accepi, quibus me insimulasti sedem Apostolicam per simoniacam haeresim occupasse. I long since haue receiued letters from thee and from thy fautours, by which thou hast accused mee to haue entred into possession of the Apostolicall seate by Simoniacall heresie. And though (saith he) I could bring other testimonie of those that knew my life from my Childhood, and were Authors of my promotion: ego tamen (saith he) ne humano potiùs quàm diuino niti videar testimonio, vt satisfactionis compendio omnem omnibus scandali scrupulum de medio auferam: Ecce Corpus Dominicum, quod sumptur us ero, in experimentum mihi hodie fiat Innocentiae meae, vt omnipotens Deus suo me bodie iudicio vel absoluat obiecti criminis suspicione, si innocens sum, vel subitanea interimat morte, si reus sum. Yet I (saith he) least I should seeme rather to leane vnto humane testimonie, then diuine, that I may by a compendious satisfaction take from all, all scruple of scandall; behould our Lords Bodie which I shall take and receaue, let it be to mee this day a triall or experiment of myne Innocencie, that Almighty God may this day either absolue me by his Iudgement from suspicion of the crime obiected against mee, if I be Innocent, or may kill me by sodain death, if I be guiltie. Then he demaūded of the Emperour, whether he [Page 251]would make the like protestation, but he hauing a guiltie conscience durst not. After this the Emperour contemning all former promises and oathes, returned to his vomit. Wherfore the same Pope in the Councell also at ROME anno 1080. excommunicated him againe, and againe declared him still deposed, being before onlie absolued from excommunication, and admitted to the Communion.

10. Widdr. Disput. Theol. c. 3. sect. 1. n. 8. But VViddrington excepteth against this Councell, for that it was not Generall. But certes the Authoritie of this Councell is sufficient to moue any true Christian hart, and child of the Church. For many thinges giue this Councell great credit: First (as Schulckenius well obserueth) it was confirmed by the Pope, Schulck. in Apol. pro Bellarm. pag. 260. which (according to the common opinion) makes a matter of faith, because to PETER, and consequentlie to the Pope it was sayd: & super hanc Petram aedificabo Ecclesiam meam: Luc. 22.and vpon this Rocke will I build my Church, and to him CHRIST sayd: Ego rogaui pro te Petre vt non deficiat fides tua: & tu aliquando conuersus, confirma fratres tuos. I haue prayed for thee, PETER, that thy faith fayle not; and thou once conuerted confirme thy brethren. Where CHRIST, prayed for PETER as a publick person, and that he might not erre in teaching others, because CHRIST prayed for him, that he might confirme others, and so if the Chiefe Pastour do speake ex Cathedra, though not in a Generall, but only in a Prouinciall [Page 252]Councell, it makes a matter of faith, according to the cōmon D. Th. 2.2. q. 1. art. 10. Waldēs. lib. 2. doctrin. Fidei cap. 47. et 48 Turrecr. l. 2. summae. cap. 109. Driedo lib. 4. de Eccles. dogm. ca. 3. par. 3. Caiet. in opusc. de potestate Papae & Conc. ca. 9. Canus lib. 6. de locis, c. 7. Bellarm. lib. 4. de Pont. c. 2. Du Valle l. de supr. Pōt. Author. par. 2. q. 1. & alij. opinion. For although many heresies were condemned by Generall Councels, yet farre more by Popes with their ordinarie Councell, or Prouinciall Councels onely, as the Quartadecimi by Pope VICTOR, the Nouatians by CORNELIVS, the Pelagians by INNOCENTIVS and ZOZIMVS, and many other hereticks and heresies by other Popes without Generall Councels. All which to call in question were to bring into doubt many Decretall Episties, and to giue a great scope to many Hereticks to plead not guiltie, as not being condemned by a Generall Councell. Secondlie the Pope that decreed the deposition of HENRIE the fourth was a great Saint, who was brought vp, as him selfe often confesseth, from a child in the schoole of S. PETER, and so knew well the practise of the Church: he wrought myracles liuing and dead, and left many other testimonies of his great sanctitie, and innocencie of life. All which is abundantly testified by diuers authors, whome Bellar. lib. 4. de Rom. Pont. cap. 13. Bellarmine citeth, and is recorded also by Baron. tom. 11. an. 1084. n. 10. & an. 1085. n. 11. & 13. Baronius. Thirdlie his successours VICTOR the third, VRBANVS the second, PASCHALIS, and others approoued this sentence of Excommunication and deposition. Fourthlie, all the Christian world, except a few Schismatikes followers of the Emperour, and the Antipape whom he sett vp, fauoured and approoued the sentence, as is easie to be [Page 253]seene in Baron. to. 11. in Greg. 7. Baronius. WILLIAM the Cōquerour King of England, PHILIP King of France, ALPHONSVS King of Castile, CANVTVS King of Denmarke, ROBERT Count of Flanders, and other Princes held with GREGORIE the seuenth. Yea the learnedst and holyest Bishops, and Abbots were all for GREGORIE the seuenth, as HVGO Abbot of Clunie, BERNARDVS Abbot of Massilia, DESIDERIVS Abbot of Cassina, and after successour to Pope GREGORIE, chosen so much against his will, that for a yeere he would not vndertake the charge, S. ALPHONSE Bishop of Salernum, our learned LANERANC Archbishop of Canterburie, Sainct ANSELME Bishop of Luca, Abbas Vrsperg. ad an. 1080. to whom Vrspergensis, though a Schismatick, giueth this commendation: Anselmus Lucensis liter is apprimè eruditus, ingenio acutissimus, facundia praecipaus, & quod omnibus maius est, in Dei timore & sancta conuersatione nominatissimus, adeo vt tam in vitâ, quàm post mortem referatur miraculis clarus. Anselme of Luca greatlie learned, most sharpe of witt, principall in Eloquence, and (which is more then all) most famous for his feare of God and holie conuersation, in so much that he is sayd to haue floruished with miracles in his life tyme and after his death. So this Schismaticke, who followed the Emperour, and Guibert the Antipape, saith of him. This S. ANSELME wrote an Epistle to Guibert the Antipape, Baron. anno 1080. num. 29. in which he compared GRBGORIE the seuenth to S. CORNELIVS Pope, and called Guibert the Antipape à Preuaricatour. Lastlie all the Christian [Page 254]world, sauing the Schismatikes, applauded it, none called this deposition in question, none but Schismatikes doubted of his Authoritie. So that the Emperour was deposed, as it were by consent of the whole Church.

14. I could alleage also that this Councell, in which HENRIE the fourth was deposed, did not onlie depose him, but also did define that the Pope can depose Princes: for to the same Councell, Baron. tom. 11. an. 1076. num. 31. as BARONIVS affirmeth, appertaine GREGORIE the seuenth his Breuiores sententiae, shorter sentences, which are intitled Dictatus Papae, amongst which this is one: Quod Papae liceat Reges deponere. That it is lawfull for the Pope to depose Kinges. Another is: Quod à fidelitate iniquorum subiectos potest absoluere. That he can absolue subiects from their fidelitie promised to wicked (Kinges,) Neither are Widdringtons exceptions against these shorte sentences, Widdr. Disput. Thcol. c. 3. sect. 1. n. 6. and definitions of any moment. As for example; Suppose (sayth he) these sentences were defined in that Councell of Rome; Quomodo tibi constat eat tanquam propositiones ad fidem pertinentes, & non vt probabiles solùm assertiones definitas esse? How knowest thou that those propositions are defined as appertaining to faith, and not as probable assertions only? By which exception he might except almost against all the Canons in all the Generall Councels, and euen against the Generall Councell of Trent, in whose Canons he shall finde Anathema pronounced but seldome [Page 255]in the doctrine defined in the Chapters; And so when the Councell defineth any thing, he might say, vnlesse an Anathema be added, as alwaies it is not, that what the Councell defineth, Widdr. supra, n. 7. was defined but as probable. He excepteth also that in an other of these definitiōs it is defined quod Romanus Pontifex. si Canonicè fuerit ordinatus, meritis B. PETRI indubitanter sanctus efficitur: That the Roman Bishop, if he be Canonicallie ordained, is made vndoubtedlie a saint by the merites of S. PETER: which is true taken in the right sence, because though euerie Pope be not a saint in life and manners, yet he is a sainct in office, because his office is holy, and so euen Emperours are holie, and therefore be stiled Sacra Maiestas, Sacred Maiestie. Bell, li. [...] de Rom. Pont. c. 8. & tract. de potest. sum. Pōt. contra Barcl. pag. 28. & seqq. Schulck. pag. 29. Many other Councels I could alleage, as Bellarmine and Schulckennius haue done: but these shall suffice all Generall Councels yea and prouinciall also, if they be confirmed by the Pope (according to the common opinion) being of infallible Authoritie. Who listeth to see the other Councels, let him read the Authours prealleadged.

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CHAPTER XII.

By the facts of the holy and learned Bishops of Rome, especially before Gregorie the seauenth, the same power is confirmed.

1. MY Argumentes, which I shall bring in this Chapter I groūd in the factes of Popes, Bellarm. supra, & Schulck. pag 36. Azor. 10. 2. lib. 10. cap. 8. whom Bellarmine, Schulckenius, and others commonlie produce, to prooue that the Pope can depose Princes. For although Popes may erre in matters of fact, yet if it had bene an vniust, and not to them an assured matter, so many, so learned, and so holie Popes, would neuer haue attempted such a thing. And many of these depositions were decreed in Councels also. Schulkenius hath produced twenty eight Popes that haue denounced deposition against Emperours, Kings, and Princes. I shall content my self with the Popes, who before GREGORIE the seuenth haue medled with crownes and scepters; partlie because our Aduersaries affirme that GREGORIE the Seuenth was the first that medled with Temporall states of Princes; partlie because they confesse that GREGORIE the Seuenth, and others after him, haue deposed Princes; partlie also because they seeme to giue more credit to [Page 257]those former, then these later Popes, although in deed all haue the same Authoritie of which only, and not of sanctitie of life, deposition dependeth,

2. S. GREGORIE the Great, in two Epistle, Greg. li. 11. epist. 10. & lib. 12. epist. 32. threatneth deposition, not onlie against Bishops and Priests, but also against Kings, Iudges, and whatsoeuer secular persons that shall be so hardie as to infringe or violate priuileges by him graunted to the AVGVSTVNENSES, and to the Monasterie of S. MEDARD. For he sayth in the first place: Si quis Regum &c. If any King, Priest, Iudge, or secular person acknowledging the tenour of this our constitution shall presume to do contrarie thereunto, potestatis, honorisque sui dignitate careat, let him want the dignitie of his power and honour. In the second place he sayth: Si quis autem Regnum &c. But if any King, Prelate, Iudge or other secular person whatsoeuer shall violate or contradict the decrees of this Apostolicke authoritie and our command, or shall disquiet and trouble the Brothers (of the Monasterie) or shall ordaine otherwise then thus, cuiuscunque dignitatis vel sublimitatis sit, honore priuetur, of what dignitie or place soeuer he be, let him be depriued of his honour. Which is an argument that S. GREGORIE thought he could depriue them; as those also must needs haue acknowledged, who subscribed to the later of the foresaied decrees, to wit, thirtie Bishops of seuerall countries and Prouinces, together with the Kinge and Queene of France.

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3. Codrenus & Zonaras in vita Leonis Isauri. Sigebert. in Chron. an. 728. & alij. S. GREGORIE the second, as aboue, depriued LEO Isauricus of Italie, and the Gabelles of that prouince. Platina in Gregorio III. Ado in Chrō. an. 744. Ced. in vita Leonis Isauri. Rheg. li. 2 Chron. Sigebert. an. 750. Paul. Aemil. li. 2. de rebus gest. Frāc Fasc. Tēp. in Zach. Otho Frising. li. 5. hist. c. 55. Marian. Scot. li. 3. Paulus Diac. li. 6 deff. Longob. ca. 5. Bonif. ep. ad Zach. Pont. Some attribute this to GREGORIE the third; but the reason is, because he confirmed the former excommunication and deposition anno 730.

4. ZACHARIAS Pope deposed CHILDERIC King of France, freed all his subiects from their fidelitie to him, and gaue his Kingdome to PIPINE Father to CHARLES the Great, and before Maior domus. This Ado Viennensis, Cedrenus, Rhegino, Sigibert, Paulus Aemiliue, Fasciculus Temporum, Otho Frisingensis, Marianus Scotus, Paulus Diaconus, and S. Boniface do auouch. True it is that the Peeres and Nobles of France desired it, and sent Legates to the Pope; but the Pope was he, by whose Authoritie he was deposed, what soeuer Barclaie and VViddrington say to the contrarie. And therefore the Olde Chronicon of France, sett forth by Pitheus, sayth that the Pope sayd, it was better he should be King, who had all the power (as PIPINE being Maior Domus had, the King doing nothing) then he that had the name onlie: dataque Authoritate suâ iussit PIPINVM Francorum Regem institui; and by power giuen, commanded Pipine to be instituted King. Likewise the Authour of Fasciculus Temporum saith: Ipse (ZACHARIAS) reg [...] Francorum, scilicet CHILDERICVM, deposuit: ZACHARIAS did depose the King of the French, to wit, CHILDERIC. And after addeth: Et hinc patet potestas Ecclesiae quanta fuerit hoc tempore, qui regnum [Page 259]illud famosissimum transtulit de veris haeredibus, ad genus PIPINI propter legitimam causam: And here appeareth how great was the power of the Church at this tyme, seing that he (ZACHARIAS) did transferre that most famous Kingdome from the true heires, to the familie of PIPINE, vpon a iust cause. Rhegino sayth: Per authoritatem Apostolicam, iussit Pipinum Regem creari. By the Apostolicall Authoritie he commanded PIPINE to be created King: The same writeth Marianus Scotus saying: Tunc ZACHARIAS Papa ex authoritate S. Petri Apostoli mandat populo Francorum, vt PIPINVS, qui potestate Regia vtebatur, etiam nominis dignitate frueretur: Then ZACHARIAS by the Authoritie of S. Peter the Apostle commandeth the people of the Frēch, that PIPINE, who exercised the Regall power, should also enioy the name of the dignitie. Besides this, Paulus Aemilius relateth that one Burchardus a Bishop, made an oration to him to perswade him to it; for the Pope at first feared to vndertake a matter of so great importance; yet when he considered how all the French desired Pipine, Francos Sacramento Regi CHILDERICO dicto soluit: he freed the French from their oath made to King CHILDERIC.

5. LEO the third Pope, a holy Prelate, to whom God miraculouslie restored both his eyes and tongue, of which he was barbarously depriued by certaine emulatours, cteated and anointed CHARLES the Great Emperour, and made his sonne King, Anastas. apud Baron. an. 799. as Anastasius (whom Baronius alleageth) declateth at large: which no sooner was done, [Page 260]but the Romanes cried: Vide Baron. an. 800. & Az or. to. 2. lib. 10. Instit. mor. c. 8. Carolo pijssimo, Angusto, à Deo coronato, magno, pacifico Imperatori, vita & victoria. And the Authour of Fascicul [...] Temporum sayth, that CHARLES tooke the Diademe of the Empire from Pope LEO the third, Zonaras, Cedrenus, Paulus Diaconus, Ado, Albertus Krantius, Otho Frisingensis, Marianus Scotus, Bell. li. 5. de Rom. Pontif. cap. 8. Magdeburg cēt. 8. ca. 10. col. 751. and all Chroniclers, whom Cardinall Bellarmine alleadgeth affirme the same. Yea the Magdeburgians in blaspheming that this Translation of the Empire was one of the Chiefe miracles of Antichrist, affirme it. And although Marsilius of Padua (whome Barclay and VViddrington are enforced to followe against the torrent of all good Autours) affirmeth that the people of Rome were the Authours of this Translation; yet Cardinall Bellarmine plainlie demonstrateth the contrarie, not only by all Historiographers, who attribute this to the Pope, but also by this, that the people of Rome, if they had any Authoritie to choose the Emperour, had lost it when the seat of the Empire was translated to Constantinople, and therfore for the space of fiue hundred yeares, that is, from CONSTANTINE the Great, to CHARLES the Great, neuer medled with choosing the Emperour. Lib. 5. de Roman. Pontif. cap. 8. §. ad alios. & seqq. Yea, as Cardinall Bellarmine sheweth, the people of Rome neuer medled with the election of the Emperour, for that he came to the Empire either by hereditarie descent, or by acclamation of the souldiours.

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6. GREGORIE the Fifte also instituted the seuen Electours and gaue them Authoritie to choose the Emperour, which manner is vsed to this daie. So Platina, Blondus, Nauclerus, and others alleaged by Cardinal Bellarmine in the place aboue noted. Wherfore as Cardinall Bellarmine doth, so do I vrge our aduersaries with this dilemna: Either the Pope did sufficiently transferre the Empire to CHARLES the Great, and institute the seuen Electours, or no: If he did, then he hath power to dispose of Temporall Kingdomes; If he did not, then the Emperours are not legitimate, nor the Electours sufficient. GREGORIE the seuenth is alleadged in the former Chapter.

7. These Popes I thought good to alleadge, that our Aduersaries may see, that it is not true which they say, to wit, that GREGORIE the seuenth was the first that challeged to him self power to dispose of kingdomes, for all the alleadged were before GREGORIE the seuenth. The rest of the Popes who haue deposed Princes, he that desireth to know, may read Cardinall Bellarmine against Barclay, and Schulkenius against Widdrington. Conformable to these factes of Popes is the the Doctrine of S. 2.2. q. 12 art. 2. Thomas of Aquin that great light of the Church, which he deliuereth vnto vs in these wordes. Infidelitatem illorum qui fidem susceperunt potest (Ecclesia) punire, & conuenienter in hoc puniuntur quod subditis fidelibus dominari non possint. Hoc enim vergere posset in [Page 262]magnam fidei corruptionem, quia (vt dictum est, hoino Apostata prauo corde machinatur malum & iurgia seminat, intendens homines separare a fide. Et ideo quàm citò aliquis per sententiam denuntiatur excommunicatus propter Apostasiam a fide, ipso facto eius subditi sunt absoluti a Dominio eius, & Iuramento Fidelitatis: The infidelitie of those who haue receaued the faith, the Church may punish by sentence, and conuenientlie in this are they punished, that they may not beare rule ouer faithfull (Christian) subiectes. For this might turne to a great corruption of Faith, because (as it is sayd) a man Apostata with a wicked harte doth plott euill and soweth brawels, intending to separate men from Faith. And therefore so soone as any one is by sentence denounced excommunicated for Apostasie from Faith, ipso facto, by and by, his subiectes are absolued from his Dominion, and from the Oathe of Fidelitie. Thus this learned Doctour pronounceth: and therby iustifieth these factes of these holie Popes.

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CHAPTER XIII.

By the number of Doctours, who haue imbraced the opinion, that giueth this power to the Pope, the same doctrine is prooued? betwixt the number, grauity, and authority of which Doctours, and those who stand for VViddringtons opinion, there is no comparison to be made.

1. THis proofe will not be of least force, because the voice of the Chiefe Doctours of the Church is the voice of the whole Church, which neuer dissenterh from that, which her Doctours commonly teach her: and seing that the voice of the Doctours is the voice of CHRIST (according to that: qui vos audit, me audit; Luc. 10.he that heareth you, heareth mee) and that the Church is the pillar of truth; if euer vox populi be vox Dei, 1. Tim. 3.the voice of the people, the voice of God: this sentēce which the Church prononnceth partelie by her Chiefe Pastours and Councels, partelie by her Doctours, Tract. de potest. Sum. Pont. aduersus Barclaiū in initio. must especially be of God. But because Bellarmine hath exactlie sett downe their wordes, I will onlie for breuitie sake set downe their names, referring the Reader to him for their sentences.

2. Our of Italie he alleageth Gregorie the seuēth (to whō may be added those Prelates, who, [Page 264]as aboue wee haue seene, allowed of his deposing of HENRIE the fourth) S. Thomas of Aquin, S. Bonanenture, Aegidius Romanus, B. Augustinus Triumphus, B. Ioannes de Capistrano, S. Antoninus, Isidorus Mediolanenses, Gabriel Biel, Thomas Caietan, Alexander de S. Elpidio, Pelrus de Monte Venetus, Petrus Ancharanus, Syluester Prieras, Astensis, Nicholaus Abbas Parnomitanus, Ioannes de Anania, Bartholdus, Baldus, Petrus A [...] dreas Gambara, Restaurus Castaldus, Dominicus Cardinalis Tuscus: to whom may be added Cardinal Bellarmine himselfe, & Cardinall Baron.

3. Out of France he alleageth S. Bernard, (whose wordes aboue are cited) Petrus de Palude Patriarch of Hierusalem, Durand Bishop of Meux, Herueus Generall of the Dominicans, Iacobus Almain, Henricus Cardinalis Ostiensis, Petrus Bertrandus Cardinall and Bishop, Ioannes de Sylua; Stephanus Aufrerius, Guilielmus Durandus called Speculator, Ioannes Faber, Aegidius Bellamera Bishop of Auinion, Ioannes Quintinus, Remundus Ruffus, to whom may be added Genebrard, Andreas du Vallius, and others.

4. Out of Spaine S. Raimundus, Pelagius Aluarus, Ioannes de Turrecremata Cardinall, Cyprianus Benetus Arragonensis, Franciscus Victoria, Dominicus à Soto, Alphonsus de Castro, Iacobus Simanca, Dominicus Bannes, Martinus Ledesmius, Gregorius de Valentia, Guilielmus de Monserat Catalanus, Alphonsus Aluarez, Antonius Cordubensis, Ludouicus Molina, Didacus Couarruuias, Ferdmandus Vasquius, Michael de Aninyon, Martinus Nauarrus, to whom now may be added two [Page 265]other learned Diuines Franciscus Suarez, and Gabriel Vasquez.

5. Out of Germanie he produceth Stephanus Albestanensis Bishop, Hugo de Sancto Victore, Henricus de Gandauo, Vlricus, Dionysius Carthufianus, Ioanues Driedo, Albertus Pighius, Iacobus Latomus, Conradus Brunus: and to these may be added Adolphus Schulkenius, and Lessius.

6. Out of England he bringeth Alexander of Hales a learned Professour of Diuinitie, and Maister to S. Thomas of Aquin and S. Bonauenture, Holcot, Franciscus Maironus, Ioannes Bachonus, Thomas VValdensis Prouinciall in his time in England of the order of Carmelites, and one of the learnedst of his age, Cardinall Pole, Doctour Sanders: To whome may be added Cardinall Allen in his Apologie, and Answer to the libeller, Doct. Stapleton, Mr. Reynolds, and diuers others of our learned writers since King HENRIE the Eight his time.

7. Dareth now our aduersarie shew his face against such an ample Senate of Doctours, and learned men? can he thinke him selfe a good Catholicke that holdeth against Catholick Councells, Chiefe Pastours, Doctours, yea and the Catholicke Church, which neuer dissented from her Doctours and Pastours? He will say that he wanteth not Doctours also. O the Doctours! I graunt he may alleadge Hereticks for his opinion; for in this he conspireth with them; for although, as wee shall see anone, they arrogate to them selues this power, yet [Page 266]they denie it to the Pope. Nay, sayth VViddrington, I haue Catholicke Doctours also to countenance my opinion, and to free it from Heresie, yea temeritie. And who be these his Authours? He alleageth Occam, Ioannes Parisiensis, Dantes the Poet, Almainus, Ioannes Maior, Hugo, Vulcurunus, Albericus, and others. But either these Authours were Schismatickes, as Sigebert; or they expreslie auerte the contrarie to that, for which he alleadgeth them as Ocham and Almaine; or finally they neither affirme; the Popes power, nor denie it in deposing Princes: And so onlie fiue or six, as Dantes the Poet, Sigebert the Schismatick, Barclay, Bochell, and Lescherius expreslie holde with VViddrington, Schulck. pag. 131. as Schulckenius hath shewed particularlie of euerie one of the authors he alleageth. And what are these obscure Authonrs to Scriptures, Councels, Popes, Practise of the Church so many learned Authours of Italie, France, Spaine, Germanie and England, as are produced? But that the Reader may see more plainelie how little authoritie Widdrington purchaseth to his opinion by his Authours, I shall examine some of them in particular.

8. Apol. n. 4 Disput. Theolog. sec. 3. c. 3. n. 4. New yearesguift pa. 54. VViddrington in his Apologie and Theologicall Disputation and Newyeares guift alleageth out of Ioannes Azorius diuerse Authours as patrones of his opinion and seemeth to endeauour to bring in AZORIVS him selfe amongest them, though by the head and shoulders. IOANNES AZORIVS a famous [Page 267]Iesuit (sayth he) affirmeth that it hath euer been a great controuersie betwixt Emperours and Kinges on the one side and the Bishops of Rome on the other whether in some certaine cases the Pope hath a right and power to depriue Kinges of their Kingdomes &c. And he alleageth diuerse Authours out of Azorius who fauour his opinion. But First although he might haue some reason to alleage those Authours, yet I can not see what reason he had to alleage them out of Azorius; for if he would therby make his Reader beleeue that Azorius alloweth his opinion for probable in that it is countenaunced by these Authours by him alleaged, he abuseth his Reader, for that AZORIVS condemneth these his Authours and cōsequentlie him selfe verie deepelie: whosoeuer pleaseth to reade AZORIVS shall see that he disputing this Question alleageth for the first opinion, Tom. 2. lib. 4. instit, moral. c. 19. which denieth the Pope Authoritie of deposing Princes in some cases, Lutherans, Caluinistes, and Marsilius Patauinus an hereticke, and after that he sayeth, non longè ab his fuerunt Gulielmus Ocham, &c. not farre different from these (heretickes) were William Ocham, and Ioannes Parisiensis Deuines, and Dantes the Flonentine Poet, and Almainus tract. de suprem. potest. laicâ quaest. 3. Maior in 4. dist. 24. quaest. 3. concl. 3. who haue followed Ocham. And then he addeth: hauc sententiam Marsilij temerariam & errorem continentem ipse Marsilius & alij colligere se arbitrabantur, imprimis &c. This temerarious opinion and which containeth errour, Marsilius [Page 268]and others thought they might gather first &c. And after that he addeth: reuera nisilabi & errare velimus, negare omnino non possumus penes Romanum Pontificem esse iure diuino vtramque potestatem: trulie if we will not be deceaued and erre, we can not at all deny, but that the Romane Bishop hath bath authorities. Tom. 2. lib. 10. Instit. mor. c. 6. And after he prooueth this out of the canon Law, by Diuines also and Lawiers. The same Azorius addeth to these fauourers of VViddringtons opinion Hugo, Michael vulcurunus, and Albericus, but condemneth them, and prooueth out of Bartolus l. 1. ff. de requirendis reis §. vlt: that Dantes was after his: death almost condemned of heresie, and he alleageth Antonius 3. p. tit. 21. cap. 5. §. 2. who sayeth that Dantes in hoc errauit, erred in thu: and so is put in the Index amongst prohibited authours, and his booke of Monarohie condemned: and of Albericus he sayeth he is cautè legendus, warilie to be read, and confuteth what he saith. Wheras therfore Azorius sayeth, that it hath euer been a great contronersie betwixt Emperours and Kinges, on the one side and the Bishop of Rome on the other &c. (whence VViddrington would in ferre that his opinion were disputable and probable) Azorius meaneth not, that it hath been a controuersie betwixt Bishops of Rome and all Emperours and Kinges; for seing that he coūteth this opinion of VViddrington temerarious and erroneous, therin he should condemne all Emperours and Kinges of temeritie and errour: but he meaneth schismaticall or hereticall [Page 269]Emperours and Kinges, especiallie such as the Bishops of Rome haue deposed, who to holde their crownes, stood to it, that the Pope could not depose them: wherupon their followers complained of GREGORIE the seuenth. And therfore in GREGORIE the seuenth his time, when the greatest controuersie was about rhis matter, none but the Emperour deposed, and his followers Schismatickes as he was, did contradict the Popes sentence of deposition: yea then the Kinge of England William the Conquerour, Alphonsus Kinge of Castile, Philip King of Fraunce, Kanuius King of Denmarcke, Count Robert of Flaunders, and other Princes held league and amitie with GREGORIE the seuenth against the Emperour and his Antipope, Baron. tom. 11. an. 1084 Et anno 1085. n. 11. & 12 in Greg. 7. Epist. ad Greg. 7. quam referunt Magdeburgēses Cent. 11. cap. 8. de Schismatibus circa med. as may be seene in Baronius in his eleuenth Tome. Yea the Emperour deposed, pleading that he could not be deposed but for heresie, confessed that he might haue been deposed for heresie: Traditio Patrum est (sayth he) me solius Dei iudicio obnoxium esse, nisi (quod absit) a Catholicâ side deuiauerim. It is a Tradition of the Fathers that I am subiect onlie to Gods iudgement, vnlesse (which Godforbid) I should suarue from the Catholicke faith.

9. But let vs come to his Authours in particular, of which I shall examin onlie them whom Azorius, and whom he him selfe alleageth in his Newyeares-gift which he first dedicated in English to Englisch Catholickes, and now hath set it out in [Page 270]Latin and commended it to the Kinge our Soueraigne. The Authours whom Azorinial. leageth are Ocham, Ioannes Parisiensis, Dantes, Almainus, Maior, Hugo, Michael Vulcurunus, and Albericus. To whome Widdringtō in his Newyeares-guift addeth Trithemius, Petrus Pithaeus, D. Barclay, the 13. Englisch Priests and Confessours, the court of Parlament at Paris. But first suppose all these were plainelie, of Widdringtons opinion yet I could make three generall exceptions against them. The first is because manie of these Authours are no Diuines and so their testimonie can not make Widdringtons opinion which is belonging to Diuinitie probable: because as Aristotle and Vasquez, In his Newyeares gift c. 3. pag. 51. Arist. 1. Top. 8. & Vasq. apud eā dem. Disput. Theol. cap. 10. sec. 2. nu. 22. alleaged by Widdrington, affirme; that opinion is probable which is approoued by wise, learned, and skilfull men in that arte, but many of Widdringtons Authours are not Diuines: ergo they can not make Widdringtons opinion probable. And by this Argument I can except against Trithemius an historiographer, Dantes a poet, Albericus, Bochellus and Barclay lawers: because ne sutor extra crepidam: Et vnicuique in suâ arte credendum. The second is because diuerse of these Authours haue their reputation stayned and their credit cracked; and if the testimonie of infamous personnes is not admitted in Temporall affaires much lesse in matters belonging to faith and Diuinitie; by which I might except against Dantes who was as Bartholus sayth, suspected at least of [Page 271]heresie: and who is registred in the Index of forbidden Authours: against Ocham who was Pensioner of the Schismaticall Emperour, was excommunicated of the Pope for some errours and was the enemie of Pope IOHN the 22. as Trithemius and Genebrard in Chron. do auouch, and his bookes are prohibited in the Index of forbidden bookes as also are the bookes of Antonius de Rosellis an other of WIDDRINGTONS Authours, and him particulerlie Nauarre and Posseuine do condēne. The third exception is that either they say nothing for him or against him, and so I except against the rest. Nauar. relec. in cap. norunt, de iudiciu, Posseuin. in apparatu sacro. But although this were sufficient to reiect Widdringtons Authours, yet I will examine them in particuler, and shew that most of them do not onlie not fauour him, but do playnlie contradict him.

10. Amongst these let OCHAM speake first because he is the principall, or let ALMAINVS speake out of his mouth and writinges, that so at once we may see both their opiniōs. ALMAINVS then who iumpeth in this point of doctrine with OCHAM and speaketh out of his mouth, Lib. de suprem. potest. cap. 9. in a certaine little booke of supreame Ecclesiasticall power which containeth an exposition of Ochams decisions hath these wordes: non dedit Christus potestatem (Petro) laicos suis proprietaetibus ac dominiis priuandi, nisi in casu si contingeret Principem saecularem abutire svâiu perniciem Christianitatis vel fidei: it a quod ille abusus esset maximo [Page 272]nocumento pro consecutione foelicitatis aeternae. N [...] negat Ochan [...]us, quin in tali casu Papa possit cum deponere, etsialij Doctores hoc negant, quamuis habeat potestatem declarandi ipsum esse deponendum. Christ gaue not Power to Peter to depriue laiemen of their proprieties and dominiōs, except in case it should happen that a Prince should abuse his power to the destruction of Christianitie or faith, in so much that the abuse should be a great domage to the attayning of eternall foelicitie. Ocham denieth not but that in such a case the Pope may depose him, though other Doctours do denie this, though he haue power to declare him to be deposed. The same Almainus in the same booke bringeth in Ocham answering to the first Argument thus: q. 2. c. 5 Ad 1. Respondet Doctor (Ochamus) transeat Maior; & ad Minorem notat Doctor quod Imperator potest esse dignus depositione dupliciter: vno modo propter crimen spirituale, vt propter haeresim quia haereticus & Schismaticus, & vtitur potestate eius in detrimentum Christianitatis: Alio modo propter crimen ciuile, vtpotè negligit administrare iustitiam &c. Tumsi Imperator sit dignus depositione propter crimen primi generis, puta propter crimen spirituale potest deponi a Papa, cum habeat plenam potestatem in puniendis peccatis spiritualibus. To the first (Argument) the Doctour (Ocham) answereth, let the Maior proposition passe, and touching the Minor Propoaetion, the Doctour (Ocham) noteth that the Emperour may be worthis deposition two wayes: ne way for a spirituall crime as heresie, because an hereticke and Schismaticke, and vseth his power to the detriment of Christianitie: An other way, for a ciuill crime, because he [Page 273]neglecteth to administer Iustice &c. Then, if the Emperour be worthie deposition for a crime of the first kinde, to wit for a spirituall crime, he may be deposed by the Pope, he hauing full power to punish spirituall sinnes. And againe in the same Chapter answering to the fourth allegation, he bringeth in Ocham thus answering: dicit Doctor quod Papa potest transferre imperium, sed hoc est solum casualiter, hoc est, quando non est Iudex saecularis: ita si desit congregatio populi, potest Papa transferre, & hoc casualiter. Secundo potest pro crimine purè spirituali, vt si gens illius imperij efficeretur haeretica, vel transferret se ad aliam sectam, dimittendo sectam Christianam, posset propter hoc Papa illam Gentem priuare dignitate Imperiali, & transferre in aliam gentem, sed hoc non est regulariter, sed solùm causaliter. Regulariter potest pro crimine haeresis, sed non pro crimine ciuili, nisi casualiter, put a in defectu illius qui potest. The Doctour (Ocham) sayth, that the Pope can transferre the Empire (from the Grecians to the Germans) but this onlie casuallie, that is, when there is no saecular Iudge: so if the Congregation of the people be wanting, the Pope can transferre (the Empire) and this casuallie. Secondlie he can for a crime merelie spirituall, as if the nation of that Empire should become hereticall or should transferre it selfe to an other secte relinquishing the Christian secte, for this, the Pope might depriue that nation of Imperiall dignitie, and so transferre it to an other nation. But this is not regularlie (or ordinarilie) but onlie casuallie. Regularlie he can (depose) for the crime of heresie, but not for a ciuill crime, vnlesse casuallie, to wit in the defect of an other that can. [Page 272] [...] [Page 273] [...] [Page 274]So that Ocham and Almainus are quite opposite to VViddrington; for VViddrington sayth the Pope can depose the Prince, or dispose of temporall Kingdomes in no case; they say he can regularlie depose and dispose in case of Schisme or Heresie, and casuallie for a Ciuill faulte and crime, that is, when the secular Iudge, Prince or common wealth is wanting. In his Newye aresguift pag. 45. Almain. q. in vesperiis. vltra medium. VViddrington obiecteth that Almainus auerteth, that de ratione potestatis laicae est poenam ciuilem posse infligere, vt sunt mors, exilium, bonorum priuatio, sed nullam talem poenam ex institutione diuina infligere potest Ecclesiastica potestas; imo nec incarcerare, vt plerisque Doctoribus placet, sed ad solam [...]am spiritualem extenditur, vipote excommunicationem &c. It is pertaining to the nature of Laicall power to inflict a ciuill payne, as death, Banishment, and priuation of goodes; but the Ecclesiasticall power can inflict no such punishment by the diuine institution: yea it can not imprison, as many Doctours thinke, but it is onlie extended to a spirituall punishment, as excommunication &c. But Widdrington should haue expounded Almainus by Almainus, vnlesse he will make him flatlie to contradict him selfe, and so to adde little credit to his opinion. And therefore when Almainus sayth that the Ecclesiasticall power can inflict no Temporall punishment, he meaneth that it can not regularlie and for a ciuill crime, but graunteth with Ocham in the expresse wordes alleaged, that it may inflict a Temporall punishment casuallie for a Ciuill crime, and regularlie for the crime of heresie. [Page 275]But perchaunce Widdrington hath better lucke in his other Authours.

11. Ioan. Parisiens. tract. de potest. Regia & Papale. Trithem. de script. Ecc. an. 1280. An other Authour of his is Ioannes Parisiensis who (as Trithemius testifieth) was a Deuine well seen in Scriptures, who taught publickelie in Paris &c. And what sayth he? If the Kinge (sayth he) were an hereticke, and incorrigible, and a contemner of the Ecclesiasticall censure, the Pope might do some thing in the people, wherby that King might be depriued of his honour and deposed, by excommunicating all them to whom it belongeth to depose him &c. To this Authour I answer first that he hath other positions also in that his tract which sound not well. Secondlie as he sayth to little for the truth so he sayth to much for VViddrington and for the oath which he defendeth: for as he sayth the Pope by him selfe can not depose the Prince, so he sayth he can depose him by the people in that he can commaund them vnder paine of excōmunication to depose him; wherein he fauoureth the Prince as little as if he had sayd the Pope by him selfe can depose him: for whether the Prince be deposed immediatlie, or mediatlie by the Pope, it is all one to the Prince, it being as hard for the Prince to be deposed by the people at the Popes commaundement, as by the Popes immediat Authoritie.

12. After Dantes and Almainus whome we haue alreadie examined, In 4. d. 24 q. 3. ad 3. et 4 followeth Ioannes Maior, who yet sayth no lesse then Ioannes Parisiensis: for he after he hath denied the Pope [Page 276]to be direct Lord, or that all Princes are his vassalles to be constituted and deposed at his will (in which I also with all diuines will not let to agree) sayth, si intelligatur habere dominium in temporalibus casualiter, &c. if he be vnderstood to haue dominion in Temporall thinges casuallie, and that he can do much to the deposition of Kinges, by persuading, counseling, yea and by prouoking others to the sword against them (Kinges) when they are destroyers and altogeather vnprofitable spoylers of Christian faith and cōmon wealth, this is more gentlie to be borne, neither is it against my sayinges. HVGO cited by the Glosse, In cap. caujam quae. Qui filij sint legitimi. Lib. de Regim. mundi par. 2. q. 2. princ. num. 82 as Schulkennius obserueth, sayth not that the Pope can not depose the Emperour in case of heresie, but onlie that he hath his authoritie from God. Michael Vulcurunus (as Schulkennius also obserueth) standeth in plaine tearmes against VViddrington and therefore was not wiselie alleaged by him: for he sayth that in case the Emperour or King should be rebellious to the Pope, and would not assist him in necessitie, he might expell such a Prince out of the Church, and by this he shall be sayd to be expelled out of his Kingdome, seing that he who hath rule ouer Christians ought to be Catholicke: and a little after: but yet (sayth he) if the Emperour, or any other King be incorrigible in respect of faith, and of a great and manifest sinne, the Pope might depose or depriue such a man. Trithem. de Scrip. Eccl. an. 1340.Albericus, as appeareth by that which Trithemius sayth of him, doubteth onlie whether certaine decretalles disposing of Temporall matters be iust. Qua decretales an sint iustae Deus nouit: nullā enim earum [Page 277]saluo meliori consilio (& si erroneum foret reuoco) credo luri consonam: which decretalles whether they be iust or no, God knoweth, for I thinke, not gaine saying better counsell (and if it were erroneus I recall it) that none of these decretalles are conformable to Law. I answer that this man was a Lawier, no Diuine, and so being not skilfull in that science, is not of Authoritie in a matter of diuinitie. Secondlie he is doubtefull him selfe, readie to recall what he sayth, and so can giue no assurance to others.

13. Trithemius is an other Authour, and him VViddrington often bringeth on the stage. Trithemius (sayth he in his Theologicall Disputation, Disput. Theolog. cap. 2. n. 5. Newyear asgift. pag. 45. Trithem. in Chrō. Monast. Hirsangiensis anne 1106. and in his Newyearesgift) Abbot of the order of S. Benedict, a man of greate learning and pietie sayd, that the Question whether the Pope can depose a Prince or no, was disputed amongst schoole Diuines, and yet not determined by the Iudge. And indeede Trithemius hath these woordes. Ipse autem Henricus 4. primus est inter omnes Imperatores per Papam depositus. Scholasticicertant, & adhuc sub iudice lis est, vtrum Papa Imperatorem possit deponere: quam quaestionem cum ad nos non pertineat, indiscussam relinquamus. Henrie the fourth was the first amongst all Emperours that was deposed by the Pope. The Schoole Diuines do contend, and as yet it is not decided by the Iudge, whether the Pope cā depose an Emperour: which question because it pertaineth not to vs, let vs leaue vndiscussed. I answer first that Trithemius was only a Chronographer and Historiographer, and so his wordes are of no more authoritie then Ioannes de Sacrobosco his [Page 278]verdict in a case of Law, for as Vasquez sayth (and VViddrington aboue confesseth) the Authours who can make an opinion probable must be skilfull in that art or science; which Trithemius him selfe knew, and therefore leaueth this question vndiscussed. Secondly I answer that Trithemius speaketh of HENRIE the fourth Emperour, who though he had committed many insolences against the Pope and Church, and had set vp an Antipope &c. (which his enormities Trithemius calleth scelera inaudita) yet he professed him selfe a Catholicke, and so the Schoole Diuines, to wit, Ocham, Almainus and such others as I haue related (for others VViddrington can not alleage) disputed whether he could be deposed he being or pretending to be no hereticke, as appeareth by his Epistle to GREGOR [...]E the seuenth; aboue alleaged. and what they resolued we haue seene.

14. Widdr. In his Newyearesgift pag. 46. Disput. Theol. c. 3. sec. 3. num. 13. Petrus Pithaeus God, libert. Ecc. Gallicana. Petrus Pithaeus (sayth VViddrington) a man, (as Posseuin sayth) trnlie learned and a diligent searcher of Antiquities, affirmeth that the libertie of the Church of Fraunce is grounded in this Principle which Fraunce hath euer held for certaine, that the Pope hath not power to depriue the French Kinge of his kingdome, or in any other manner to dispose thereof: and that notwithstanding any whatsoeuer monitions, or monitories, excommunications, or Interdicts which by the Pope can be made, yet the subiectes are bounde to yeeld obedience due to the King for Temporalles, neither therin can they be dispensed or absolued by the Pope. And in his Disput. [Page 279]Theologicall, Cap. 3. sec. 3. num. 13. he sayth that Pithaeus out of a generall Maxim which Fraunce (that is, as he putteth in the margent, the greater part) euer approoued, deduceth this particular proposition, that the Pope can not depriue the French Kinge of his Kingdome. But first here we see VViddrington ascribeth two thinges to Pithaeus which seeme to imply contradiction: for in his Newyearesgift he makes him say that the libertie of the Church of Fraunce is groūded in this Principle; that the Pope hath not power to depriue the Kinge of his Kingdome. And in his Theologicall Disputation, he sayth that Pithaeus out of a certaine generall Maxim deduced this particuler proposition, that the Pope can not giue the Kingedome of Freunce into prey, nor depriue the Kinge of it. And so he maketh this position, That the Pope can not depriue the King of Fraunce, both a generall Maxime in which the libertie of the Church of F [...]aunce is grounded, and also a particuler proposition deduced out of a generall Maxim, which he nameth not: which two thinges, how they cohere, let VViddrington looke. And certes I can not imagin any Maxim receaued in Fraunce, out of which either VViddrington or Pithaeus can deduce that the Pope can in no case depriue the King. And if there were any such Maxim receaued in Fraunce, that learned Prelat Cardinall Perone in his eloquent oration made in the Chamber of the Third estate not onlie in his owne name, but also in the name of all the Nobilitie and Clergie [Page 280]of Fraunce, would neuer haue dared before such curious Auditours, to vtter these wordes following: now if those who haue of set purpose laboured in fauour of the oath of England (he putteth in the margent VViddrington) to find out Authours who haue affirmed that in case of heresie or infidelitie, the subiects could not be absolued from the obligation, that they owe to their Princes, could not find out any one: and if those who haue since written of the same subiect in Fraunce could neuer find out in all Fraūce (note these wordes) since the time that Schooles of Diuinitie haue been instituted and sett open till this day, one onlie Doctour, neither Diuine, nor Lawier, nor Decree, nor Councell, nor determination, nor acte of Parlament, nor Magistrat either Ecclesiasticall or Politicke, who hath sayd that in case of heresie or infidelitie the subiect, can not be absolued from the oath of fidelitie which they owe to their Princes: on the contrarie, if all those who haue written for the defence of the Temporall power of Kinges, haue euer excepted the case of heresie and Apostasie from Christian Religion: how is it that they can without enforcing of Consciences, make men not onlie to receaue this doctrine that in no case the subiectes can be absolued from the oath of Allegeance they owe to theire Princes, for a perpetuall and vniuersall doctrine of the French Church, &c. Thus he whereby it is manifest, that there is no such receaued Maxime in Fraunce, out of which Pithaeus or Widdrington can deduce that the Pope in no case can depriue the King of Fraunce. And what the opinion of the most Christian [Page 281]Kingdome of Fraunce at this present is, may well appeare by this, that all the nobilitie and Clergie, the two most worthie Partes and members, of that Realme in the yeare 1615. reiected an oath like to the oath of England, as pernicious, cause of Schisme, & the open gappe to heresie, as our most Excellent and learned King in his Preface to his declaratiō for the right of Kinges set forth in Frēch the same yeare, confesseth, though in a cōplaining manner, and as it is to be seene in the Oration of the sayd Cardinall sent to our sayd Soueraigne. And although the Tierce estate proposed an oath like to that of England, yet that was but one and the lowest of the three estates, and, as Cardinal Perone affirmeth, they had their lessons giuen them from England.

15. He alleageth also out of Bochellus the Testimonie of Cardinall Pelue, and other Prelates, who in an assemblie at Paris 1595. reiected the Decree of the Councell of Trent sess. 25. cap. 19. by which it is forbidden Kinges to permitte Duelles vnder payne of loosing the citie or place in which they permitte a Duelle. Concilium Tridentiuū (inquiunt) excommunicat, & priuat Regem ciuitate illâ vel loco in quo permittit fieri duellum. Hic Articulus est contra authoritatem Regis, qui non potest priuari suo dominio temporali, respectu cuius nullum Superiorem recognoscit. The Councell of Trent (say they) excommunicateth and depriueth a Kinge of that Citie or place, in which he permitteth a duelle to be made. This Article is against the [Page 288]Authoritie of the Kinge who can not be depriued of his temporall Dominion in respect of which he acknowledgeth no Superiour. I answer that it is not credible that Cardinall Pelue and those Prelates would thus reiect the Councell of Trent, or affirme that the Pope can not depriue the King: and least I may seeme to doe iniurie to Bochellus in not crediting him, I shall giue reasones for it, Cap. 3. pag. 111. for first as Schulkennius sheweth, he thrustes into the Decrees of the Church of Fraunce, and reckeneth amongest her liberties many scandalous thinges: and to omitte many of them which Schulkennius noteth, I will note onlie two or three of his absurdities, which I haue seen in his book. In his Preface to the Reader he sheweth him selfe no good Catholicke in carping vniustelie and saucilie at that venerable Councell of Trent, Bochel. in praef, ad lectorem. saying: quantas nouissimis temporibus, vbique terrarum excitarit turbas Synodus Tridentina, nemo est qui nesciat: what troubles in these latter times, the Councell of Trent hath stirred vp, no man is ignorant. And in an other place: he seekes to exempt the King of Fraunce and his Officers from Excommunication, Lib. 2. tit. 16. cap. 3. as though they could not be excōmunicated by their Pastour, wherin whilest he would exalt his King he depresseth him so lowe, as that he maketh him of Christian [...]ssimus (which title he hath worthilie long enioyed) not to be Christianus: because if he be a Christian he is a sheepe of Christ, and consequentlie of S. PETER to whom [Page 289]Christ committed his sheepe, Ioan. 21. Pasce oues meas. and consequentlie also of the Bishop of Rome his successour, yea and of other Pastoures: and therefore for a iust cause may be by them seuered from the folde by Excommunication, Lib. 5. c. 45. pag. 906. en Extraic. d'aucuns artic [...]tes du Concile de Trent. Likewise in his 5. booke he setteth downe an extract of many of the Decrees of the Councell of Trent, which (like to no good Catholicke) he reiecteth as contrarie to the libertie and practise of Fraunce. Yea in many places vpon the least occasion he glaunceth against that hohe and renowned Councell. Wherefore as in other thinges, so in this which he fathereth on Cardinall Pelue and other Prelates, he deserueth no credit. Secondlie the imputation which he layeth on them is so absurd, that I can not beleeue that they who were well seene in the Councelles Decrees, would euer reiect that Decree of the Councell: because that Decree onlie depriueth a Kinge of the citie, place, or Dominion which he holdeth of the Church, as is manifest by those wordes qu [...]d ab [...]cclesia obtinent:Concil. Trid. [...]ess. 25. c. 19.which they holde of the Church; wherfore either the Kinge of Fraunce holdeth some citie or demaine of the Pope and Church, or he doth not. If he do, no marueile that the Pope can in that case depriue him, the Pope being in this his Temporall Lord of whome he holdeth that Temporall Dominion: if he be not, that extract of BOCHELLVS is most absurd which he setteth downe in these french wordes. L [...] [Page 284]concile excommunie & priue le Roy de la Ville on lieu,Bochell. lib. 5. tit. 20. c. 45. pag. 916 En extraict d'aueuns articles du Concile de Trent.ou il aurà permis vn duel sess. 25. cap. 19. the Councell of Trent excommunicateth and depriueth the Kinge of the towne, or place, where he shall permitte a duelle sess. 25. cap. 19. where we see that he ascribeth to the Councell, as though it did absolutelie depriue the King of whatsoeuer towne or place, wheras the Councell depriueth him onlie of that towne or place which he holdeth of the Church. And therefore these wordes following (Ceste Article est contre l'authoritie du Roy, qui ne peut estre priuè de son temporel ou partie d'iceluy, pour le regard duquel il ne recognoit aucun Superieur quelque il soit. This Article is against the Authoritie of the Kinge, who can not be depriued of his temporallities or any part therof, in respect of which he acknowledgeth no Superiour.) these wordes, I say, are most absurde and vnworthie that graue Assemblie, not vnbeseeming Bochellus whose spirit they resemble. Wherefore this booke of Bochellus is forbidden to be printed or solde in Catholicke countries, where the Councell of Trent is receaued, and where a Censor librorum is appointed. And yet such authours Widdrington is enforced to fly vnto.

16. He alleageth also M^r. George Blacwell the late Archpriest, who in his examination, and as Widdrington sayth, euen to his death persisted in Widdringtons opinion concerning both the oath and deposition of Kinges. But it is well knowne to many, that Mr. Blacwell whilest he was at libertie, was so Zealous for [Page 285]the Popes Authoritie deposing, that he thought it a matter of faith. And I haue heard a Catholicke Gentleman named, who visiting M. Blacwell in Prison, sayd vnto him: did not you M. Blacwell, heretofore tell me that the oath of allegeance was in no case lawfull? And Widdrington him selfe knoweth that in a certaine conference betwixt the Archpriest and other Priests at which, VViddrington him selfe was present, M^r. Archpriest sayd he thought the Pope had Authoritie to depose a Prince, but yet, matters standing as they did, he could not lawfullie exercise it. Yea in that conference also WIDDRINGTON him selfe was ZEALOVS for this the Popes authoritie, though after his imprisonment, and after his Chiefe Pastours Breues which should haue confirmed him, he hath chaunged his opinion. Let then the Reader iudge of what Authoritie the wordes of a fearfull olde man then Prisoner, and straightlie examined, are, he especiallie hauing auerred the contrarie when he was at libertie? what else can hence be gathered, then that rather out of feare then Iudgement, he allowed the oath when he was in his Aduersaries handes, of whom otherwise he expected all rigour. And perchaunce WIDDRINGTON him selfe, who before his imprisonement was so Zealous for the Popes authoritie, and against the oath, hath not now so much chaunged his minde as his tounge, nor [Page 292]speaketh not so much out of iudgement and opinion as out of feare or faintenesse of harte. And now that he hath begun, he thinkes he must go forward.

17. Lastely he alleageth in all his bookes the 13. Reuerend Priestes, thinking by their Authoritie and credit (for they were graue and learned men, constant confessours, and twoe of them glorious martirs) to grace and credit his opinion. But because they are able enough to answer for them selues, I will not entermeddle my selfe in other mens matters, onlie in a worde or two I will answer what in effect I thinke they might answer, and what I haue heard some of them answer. And this I thought good to do for 2. reasones: first for the respect and loue I beare to them, they being of my coate, and principall men of the English Clergie, which so constantlie hath borne the brunt of a longe persecution, that it may be an example to all other Clergies, and a mirrout to furure ages. Secondly least I should do them iniurie: For if I answering to VViddringtons other Authours, should say nothing of these by VViddrington so often alleaged, I might giue occasion to the world to thinke, that I passed these with silence because they were so manifest fautours of VViddringtons opinion, as I could not tell what to say in their defence. I answer First that this their protestation was by them made before the Popes Breues came forth, that is [Page 293]Anno 1603. and therfore bee it that then they were of that opinion; yet seing that since the Breues were published, they professe and protest the contrarie, as VViddrington well knoweth, and that one of them yet liuing, whilest he was in prison, sayd he would not take the oath for the Bishopricke of London, and two others of them (Mr. Drurie and Mr. Cadwallader) suffred death rather then they would take the oath; VViddrington hath no more reason to alleage them now for the oath, then I may haue to alleage now VViddrington against the oath, because once he stood against it. If WIDDRINGTON say they should not haue chaūged their opinion; I must tell him, that they had more reason to chaūge their opinion vpon their Chiefe Pastours commandement, then VViddrington hath to chaunge his opinion against his Chiefe Pastours commandement. This I say supposing they had once been of that opinion, as they Protest they neuer were, and therfore in their Protestation alleaged by VViddrington, do giue the Pope as much authoritie as S. Peter had, and professe that their intentions were not in any wise to diminish his authoritie. Secondly I auswer that towardes the end of Queene Elizabethes raigne it was signified to certain Priestes thē being in London, that the Queenes Maiestie was then so well affected to her Catholicke subiectes, that she profered thē free vse of Religion, prouided that she might haue securitie [Page 288]giuen for their fidelitie, of which by reason of Pius Quintus sentence of Excommunication and deposition pronounced against her, she seemed to stand in feare. These 13. Reuerend Priestes easilie induced to beleeue that which they so much desired, and fearefull not to giue way to so great a good pretended to English Catholickes, were content to make that Protestation which Widdrington setteth downe, Disput. Theol. cap. 3. sec. 3. [...]um. 11. by which they protest that they acknowledge her to haue as full Authoritie, power, and Soneraigntie ouer vs, and ouer all the snbiectes in the Realme, as any her Highenesse Predecessours had. And wheras Widdrington maketh this inference; ergo to make this their fact and Protestation lawfull, they must needes deny that the Pope had authoritie to depose Queene Elizabeth: I deny that his consequence, and that for manie reasons. For first although I will not be so bolde as to examine whether Pius Quintus had iust cause to depose Queene Elizabeth, but rather suppose he had, nor whether the 13. Priestes thought, or might iustlie thinke that he had no iust cause; yet the Pope may haue Authoritie to excommunicate and depose, and yet if there want iust cause, his sentence shall be inualid and of no force. And so it followeth not; the 13. Priestes acknowledged the Queene lawfull Queene after the sentence of deposition, ergo they thought the Pope could not depose her, because the sentence might be inualid, not [Page 289]for want of Authoritie in the Pope, but for want of iust cause in the Queene. Disput. Theol. cap. 10. So WIDDRINGTON affirmeth that the Catholickes of England may take the oath notwithstāding the Popes commandement to the contrarie: and if one should thence inferre, ergo he thinketh the Pope hath no Authoritie to cōmaund, he would deny the Consequēce, and say, that the commandement wanteth force to oblige, not for want of Authoritie, but by reason that it proceedeth from ill information. So in the same Chapter, he confesseth, that the Archpriest hath power to take from the Priestes, who holde the oath to be lawfull, their faculties: and yet if he should, he would say they were not taken away, not for wante of power, but for want of iust cause. So Father Personnes alleaged by Widdrington, sayth: Disput. Theol. cap. 10. sec. 2. n. 54. Si enim quaestio esset de facto &c. for if the question were of facte (as this is of the 13. Ptiestes) to wit whether the Pope in this, or that case can depose or excommunicate this, or that Prince, vpon these or these causes, or whether the former Popes haue done rightin this, or otherwise, then some of these reasons which you affirme are alleaged by your frindes, might be admitted into consideration, whether it would be to aedification or destruction, whether it would bringe with it commoditie or discommoditie, whether it would be profitable or hurtfull, or whether there were causes sufficient or not (for no man defendeth, that the Pope can depose without iust cause) or whether due admonition (of which in your letters there is mention) hath been made. [Page 290]Thirdlie suppose the sentence of Pius Quintus where valid and iust (as the contrarie is not easilie to be thought of a man of such Authoritie and sanctitie) and consequentlie that the Queene was iustlie and trulie deposed: yet the 13. Priestes might promisse to obey her in Temporall and lawfull matters, because they might thinke, that the Queene would notwithstanding the sentence still raigne and gouerne, and would persecute with losse of goods, libertie, and liues all those, that would not obey her; and seing that such domages excuse from the sentence of excommunication, and giue leaue to communicate with the Prince excommunicated, and to obey him in all lawfull matters; the 13. Priestes supposing otherwise the daunger of incurring these domages, might promisse obedience to the Queene in all lawfull matters. Wherefore Diuines & Casuists haue in these two verses comprehended all the thinges which excuse from excommunication, and make communication with the excommunicat persons lawfull:

Haec Anathema quidem faciunt ne possit obesse:

Vtile, lex, humile, res ignorata, necesse.

Thirdly and lastly I answer, that although the sentence of excommunication and deposition against Queene ELIZABETH were valid, and consequentlie she trulie deposed and depriued of all Regall Authoritie, yet the 13. Priestes at the time when they made [Page 291]that their Protestation might acknowledge Queene ELIZABETH to be their lawfull Queene, and to haue as full Authoritie as any her predecessours had: because that sentence of PIVS QVINTVS might at that time be abrogated, and of no force, and so cease to bind, and consequentlie the Priestes might acknowledge, that then she had as full power as she had before the sentēce, and as much right and Authoritie as any of her Predecessours. And indeede that PIVS QVINTVS sentence did at that time cease to binde, it may be gathered by this, that thirtie three yeares had passed from her deposition vnto the time in which these 13. Priests made their Protestation: all which time as well Catholickes as Protestāts obeyed her as Queene, the Popes then raigning knowing, and not reclayming, and consequentlie consenting: which consent of the subiectes of England and Popes of Rome, was sufficiēt to abrogate the former sentence, and consequentlie to putte Queene ELIZABETH in the same estate she was in before the sentence. And that this tacit consent is sufficiēt to abrogat either positiue law or sentence, I prooue by Vasq. wordes, Vasq. 1. 2. Disp. 177. c. 2. n. 17. whome VViddrington so often alleageth. For Vasquez iūping herein with the common opinion of Diuines and Lawiers, thus pronounceth. Cum Princeps sciens vsum eum approbat, vel non improbat, nascitur consuetudo quae habet vim legis, vel quaesufficit ad derogandum legi antealata, quia Princeps non improbans [Page 292]vsum, censetur illum approbare: when the Prince knowing the vse, doth approoue it, or doth not disprooue it, there ariseth a custome which hath the force of a law, or which sufficeth to derogate to the law before made, because the Prince not disproouing an vse, is thought to approoue it. This is the doctrine of Diuines and Lawiers, Widdr. Disput. Theol. c. 6. sec. 3. n. 25.27.28. which VViddrington him selfe approoueth in diuerse places. Wherefore seing that in England the sentence of Pius Quintus pronounced against Queene Elizabeth, was not obserued for three and thirtie yeares before the thirteene Priests Protestation, and that all that while euen the Catholickes obeyed her as Queene, the Popes knowing and not contradicting, yea some of them (as I haue heard of Pope Gregorie the 13. and Clement the 8.) expresselie approouing, it followeth that at the time of the 13. Priests Protestation, the sentence of deposition by contrarie vse and custome, was abrogated, and so Queene ELIZABETH was at that time in the same state she was in before the sentence, and consequētlie might be acknowledged for true Queene, and to haue as full power, and Authoritie, as any of her Predecessours. But because widdrington may alleage, that these 13. reuerēd Priests not ōlie promised that they would acknowledge Q. Elizabeth, notwithstanding any sentence alreadie pronoūced; but also notwitstanding any Authoritie, or any Excōmunication whatsoeuer, either denoūced, or to be denounced, to yeeld vnto her Maiestie all obediēce in tēporall causes, I answer that the 13. [Page 293]Reuerend Priests might acknowledge in the Pope authoritie to depose the Queene, and yet promise her obedience in Lawfull thinges, supposing the sentence would be inualid for some of the aforesayd causes, and not for want of authoritie. Againe, they might thinke that if the Queene would giue for herafter libertie of Conscience, as was pretended, and continue the same, as the 13. Priests might hope, the Pope should haue no cause to Excommunicate or depose her, and therfore would not, or if he would, they might imagine that in that case he could not iustlie, nor without great iniurie to the Catholickes of England, proceede so against her, that, being to prouoke her to a new persecution; and so the 13. Reuerend Priestes might thinke them selues not bound to obey in that case the Popes sentence and commaundement, it being vniust, and consequentlie, rebus sic stantibus, they might promise, notwithstanding any sentence to be denounced, to obey the Queene in all Temporall and lawfull causes, and to defend and assist her. If VViddrington should here obiect, that if the 13. Priests might promise to acknowledge and obey Queen Elizabeth, notwithstanding any sentence to be pronounced, supposing the sentence would be vniust: why may not the Catholique Subiect of England, take the oath of pretended alleageance, and sweare that the Pope can not depose the King, and that if [Page 294]he should, he would still acknowledge and obey him, supposing the sentence would be vniust? I answer him that the case is not like; because in the oath the question is de iure not de facto, and therfore the Subiect sweareth absolutlie, that the Pope hath not any power or Authoritie to depose the King, and that notwithstanding any sentence of Excommunication or depriuation made or graunted, or to be made or graunted against the sayd King, or any absolution of the sayd subiectes from their obedience, he will beare true fayth and true allegeance to his Maiestie. And seing that the Pope hath such Authoritie to depose a Prince, as here I suppose, it is periurie at least to sweare absolutlie that he hath no such Authoritie ouer the King, and it is iniurie to the Pope. But the 13. Priests speake de facto not de iure, and therfore they protest not that the Pope hath no such Authoritie, but promise what they would doe de sacto, notwithstanding any his Authoritie, that is, that not withstanding the Popes Authoritie and sentence, (so libertie of Conscience were graunted to all English Catholickes as they were borne in hand it should) they would still acknowledge and obey the Queene, supposing in that case, the sentence would be vniust, and so of no force to bynd in conscience. Wherfore seing that these 13. Reuerend Priestes might make their Protestation of acknowledging and obeying Q. ELIZABETH, not for that they thought the Pope could not depose her, [Page 295]but for other reasons alleaged: why should then VViddrington take them in the worst sence? why should he bringe them so oft on the stage? why should he thinke to grace his opinion by their grauitie, learning, and Authoritie, he knowing, whatsoeuer they thought of the Popes Authoritie in deposing, before the Popes Breues came forth (as they protest they neuer thought as VViddrington doth) that when he began to impugne this the Popes Authoritie, and against his Chiefe Pastours commaundement to defend the oath, they protested in priuat and publicke the contrarie. And so VViddrington may aske thē forgiuenesse by publicke writing, whom he hath publickelie and yet wrongefullie sought to defame.

18. Here because I would not passe my limittes of breuitie which I intended in this booke, I thought to haue concluded this Chapter. But after I had examined these Authours, yea after that the Printer was come to this Chapter, I came to the sight of VViddringtons Supplication and Appendix ioyned to it, which before I had nor seene: for that Catholickes making a scruple either to read, or to keepe bookes forbidden by the Chiefe Pastour, and Superiours being vigilant (and worthilie) to suppresse such bookes, it is hard in Catholicke countries to meete with any of VViddringtons bookes, two of them being expresselie condemned, and all his later bookes being almost but [Page 296]repetitions of the former: yet hauing hitte vpon this booke, I was desirous to see with what dexteritie he defended these authours against Schulckennius. And I find that he refused to acknowledge two of them, to wit Dantes and Ocham, In Append. § 6 num. 2. saying: Imprimis falsum est, me aut Dantem aut Occamum pro meis authoribus produxisse &c. First it is false, that I produced either Dantes or Ocham for my Authours. But I onlie affirmed that by IOHN AZORIVS, they were alleaged for that opinion. And yet who could thinke otherwise, then that he had produced them for his Authours, seing that after the first opinion of Cardinall Bellarmine and others which holdeth that the Chiefe Pastour may in some case dispose of Temporalities and Regalities, he setteth downe the second opinion of those who holde that the Chiefe Pastour in no case, by no Authoritie, either directlie or indirectlie, hath power to depose a Prince; and cōming to the Authours of this second opinion, which he him selfe Embraceth, he sayth: Hanc sententiam (vt refert Ioannes Azorius, Societatis Iesu Theologus) sequuntur Gulielmus Occamus, Ioannes Parisiensis, Dantes, Aligerius, Iacobus Almainus &c. This sentence (as Ioannes Azorius a diuine of the Societie of Iesus relateth) William Occham, Iohn of Paris, Dantes Aligerius, Ioannes Almainus, &c. do follow. Who I say reading these wordes in VViddrington, could thinke otherwise, then that these two Authours which VViddrington produceth for the second opinion, be produced [Page 297]for his Authours, though out of Azorius, as well as the other Authours. But it seemeth he is loath altogether to refuse these two Authours, and therefore he sayth, Azorius maketh Occham a Classicall Authour, and Gabriell and the Nominalles follow him as the Prince of the Nominalles, and Suarez and Vasquez, do ofte alleage him for theire opinion; but what doth all this prooue, but onlie that Occham in respect of his skille in Logicke and Philosophie and Schoole Diuinitie, was a principall Doctour amongst the Nominalles, and in that respect is often alleaged by Catholicke Doctours? yet notwithstanding this, euen Azorius, Suarez, and Vasquez, do condemne Occhams bookes, which VViddrington so esteemeth, to wit those which he wrote against the Pope, and his Authoritie. And touching Dantes, he sayth, Trithemius affirmed that Dantes was most studious in Holie Scriptures. But be it that Dantes after Poetrie and Humanitie studied Scriptures, yet he presuming to studie Scriptures without groundes in Diuinitie, as Erasmus, Laurentius Valla, and others did, might fall into erroures as well as they. and certainlie who so pleaseth to reade his Monarchie shall perceaue in it more Poetrie, Poeticall inuentions, and slight and superficiall Philosophie, then solid Diuinitie. Whereas he reiecteth Bartolus censure of Dantes, as I haue no leisure, so will I not wrangle with him about that. This shall [Page 298]suffice me, that both of these two Authours are censured in the Index expurgatorius set forth by Authoritie of the Councell of Trent and diuerse Popes. And although Widdrington sayth, that the compilers of the Index are not the Catholicke Church, and that he knoweth not for what cause diuerse bookes in the Index are condemned, wherin he sheweth little respect to Superiours; yet at least those bookes, which are censured in the Index, can be no lesse then scandalous, and the Authours no lesse then infamous, and so no fit witnesses, nor Authours to make an opinion probable. So that let Widdrington choose what he will. Either he will haue these Authours, or he will not; if he will, they can giue no credit to his opinion, they hauing none them selfes; if he will not, he hath two Authours fewer, and by the same reason may reiect diuerse others, yea all the other Authours: and so, vae soli, woe to him that standeth post alone. But he sayth, that he produced not thē alone, but with manie other Catholicke, Godlie and learned Authours. I answer that what the most of his Authours be, I haue alreadie shewed, and whereas he alleageth Tertullian S. Ambrose, S. Hierom, and others, Schulkennius hath answered him, that they are by him misconstrued. Tertullian in his Apologeticut sayth Emperours, are second to God and vndes his onlie power; I answer that then Emperours were Pagans, and so not subiect to the [Page 299]Church but to God onlie. I answer secōdly, that the Emperour and euerie absolute King Christian, hath no temporall Superiour but God: yet as Widdrington dareth not deny, but that there is a spirituall power and Authoritie in the Chiefe Pastour aboue him which may punish him spirituallie, so I say this power can in some case decree temporall punishment against him, when spirituall punishment doth not preuaile. Wheras S. Ambrose, S. Hierom, In Apol. n. 5. & sequentibus.Gregorius Turonensis, alleaged by TViddrington, say the Kinge is subiect to no lawes nor punishment, but of God: they meane that he is not subiect to his owne, or any Tēporall Princes lawes and punishment, but deny not but that he is subiect to Ecclesiasticall lawes & power, and may by that power be chastised by spirituall Censures, and also temporall, when the spirituall Censures are contemned. In Apol. num. 8. And whereas S. Augustine, Pope Nicholas, & others alleaged by widdrington, affirme that the Pope and Church hath no materiall or Temporall sword; I graunt it, because they by a materiall sword vnderstand temporall Authoritie to vse it, and that the Pope hath not by Christs gift, yet he hath from Christ (as I haue aboue prooued) a spirituall power by which he may commaund the Temporall sword as Widdrington him selfe acknowledgeth, In Apol. n. 196. 197. and by this power he can decree temporall punishmentes when the spirituall censures will not take place, though neither [Page 300]he, nor the Church doth execute these temporall punishmentes, especiallie of death and bloud, it being a thing not beseeming the Church, S. Leo ep. 93. ad Turibiū Asturien. Episcopum parum ab initio. according to that of S Leo: Ecclesiastica lenitas, cruentas refugit vltiones. The Ecclesiasticall lenitie escheweth bloudie reuenges. And thus much cōcerning Widdringtons authours: the examinatiō of which authours, although it was not altogether necessarie (Schulkennius hauing alreadie examined them) yet I thought it some what requisit, partlie because Schulkennius examination being in latin, it cā not see easilie nor so generallie be made knowné to English men, partlie because I haue examined diuerse Authours which Schulkennius did not, and I haue added here and there something (as facile est inuentis addere) for more ample explication, and now also vpon occasion of the sight of Widdringtons Appendix in which he answereth to Schulkennius Examination, I haue brieflie refuted some of his Answers to Schulkennius touching his Authours. Out of all this I gather, that seing that WIDDRINGTONS Authours either make not for him or are of no, or cracked credit, or are quite opposite to him (which it seemeth he him selfe now seeth, and therefore in his Appendix reiecteth two of them, and defendeth not the rest, though prouoked by Schulkennius) I may say that Widdrington amidst all his Authours standeth post alone, and he but one opposeth him selfe not onlie [Page 301]to his Chiefe Pastours Censure, but also against the current of all Catholicke and renowned Doctours and Authours.

CHAPTER XIIII.

By the doctrine and practise of heretikes, the same against them is demonstrated; and thence is inferred, that the question betwixt vs and them, is not so much, whether the Pope hath any such authority, as whether the Pope, or they haue it.

1. See The Protestats Apologie tract. 3. sect. 2. Gretser. in comment. exeget. c. 7. The book of dāgerous pesitiont. Sleidan. lib. 18. hist. fol. 263. & li. 22. fol. 345 Osiander in Epit. Cēt. 16. pag. 526. Caluin. in Dan. cap. 6. LAstlie I prooue this by the Protestantes and Reformers owne confession and practise alleaged by the Authour of the Protestants Apologie, and many other authours. To begin with Lutherans, Sleydan and Osiander affirme that the Magdeburgians and other Lutheran Ministers defended resistance against the Magistrate and Prince, as lawfull for defence of their Religion, and therby excused the Rebellion, which the Lutheran Princes made against the Emperour. And if it be lawfull to resist by warre a Prince that persecureth Religion, it is lawfull to kill him, and consequentlie to depose him: because the end of iust warre being peace, all things in it are lawfull, [Page 302]which are necessarie to obtaine peace; and if, vnles the Prince be taken away, that iust peace cannot he had, that also is lawfull.

2. The Caluinists are not behind them in this point: Caluin saith, that earthlie Princes do bereaue them selues of Authoritie, when they erect them selues against God; yea that they are vnworthie to be reckened in the number of men, and therfore we must rather spit in their faces, then obey them. Beza in ep. dedic. Noui Testam. an. 1554. & epist. 34. & 37. Can. 3. an. 1572 Beza in his Epistle Dedicatorie to his New Testament defendeth Rebellion against Princes of a different Religion, if they permitt not, but rather persecure Caluinisme. The Hugonots of France in a Councell of Ministers at Berne, haue decreed, that euerie citie shall sweare, that they and their posteritie will obserue firme and inuiolate the thinges following; of which one is can 40. that vntill it please God, in whose hands are the harts of Kings, to change the hart of the French Tyrant (so they call him) in the meane time euerie Citie shall choose a Mayor to gouerne them, as well in warre, as in peace. Another Canon is, that all Captaines & leaders neuer lay downe weapons, as long as they shall see them persecute the Doctrine of Saluation (Caluinisme) and the Disciples of the same (Caluinists.) Another is; If it please God to raise vp some Christian Prince to take reuenge of their sinnes, and to deliuer his people, let them subiect them selues to that Prince as to another Cyrus sent to them from God. And this doctrine of the same Hugonots was [Page 303]practised in France to the ruine of many cities and Churches, and the slaughter of many thousands, as The Historie of the Ciuill warres of France printed at London anno 1591. and Crispinus in his booke of the Estate of the Church, and others haue written, and to this day France remembreth, yea feeleth it. The like practise the hereticks in the lowe Countries haue vsed, as Osiander confesseth, and all the world witnesseth. Moreouer Osiander sayth that the states there deposed their Prince: Osiand. in Epit. histor. Eccles. Cent. 16. pag. 941. Belgici publico scripto Domino & Regi suo Philippo obedientiam & subiectionem renunciant: They of the low Countries renounce all obedience and subiection to their Lord and King Philip, and consequentlie they depose him, because there is no King without subiects. Yea an Edict of this deposition is extant in their Historie printed at Francfort in the yeare 1583. in which they declare him to haue lost all right and title by his Tyrannie, and forbid all vse of his name and seale.

3. Zuingl. in explā. art. 42. fol. 84. Idem lib. 4. ep. ad Conhardum &c. pag. 868. & 869. Zuinglius and the Zuinglians iumpe with them in the same opinion. Quando (Reges, Principes, & Magistratus) perfidè & extra Regulam Christi egerint, possunt cum Deo deponi: When Kings, Princes, and Magistrates behaue them selues perfidiouslie, and do against the rule of Christ, they may (with God) be deposed. And againe: That Kings may be deposed Saules example doth teach manifestlie. And againe: Permittendum est Caesari officium debitum, si modò sidem nobis permittat illibatam. We must permitt due obedience to Caesar, so that he [Page 304]permitt vs to enioy our faith inuiolate. Coclaeus in Actis Luth. an. 1531 And according to this doctrine the Tigurines molested the Catholicke Cantones, sowed sedition, and rebelled; but afterwards in fiue battailes, though moe in number and Artillerie, they were ouercome and slaine, and in the first battaile Zuinglius him self was slaine, and afterwards burnt.

4. See Sutcliffe in his Answere to a libell supplicatorie &c. pag. 192. & 193. Sutcl. in his anwere to a libell. &c. pag. 95. Knox in Appellat. ad nobilitatem & populum Scotiae. Buchan. li. de Iure Reg. et li 7. hist. Scot. I could alleadge Goodman, who in his booke (which in Queene MARIES time was printed at Geneua, and is commended by Whittingham in his Epistle before the saied booke) affirmeth that it is lawfull to withstand the Princes in case of Religion, and that therfore VViat, who rose against Queene MARIE, was no Traytour. The like was the doctrine of Knox and Buchanan. Sutcliffe auoucheth that Knox said: Noblemen, Gouernours, &c. Iudges ought to reforme religion, if the King will not: If the Prince will not yeeld to his Nobles, and people, he armeth them with power to depose him: If Princes be tyrants against God and his truth, their subiects are freed from their oathes of obedience. And with him accordeth Buchanan teachinge that the people is more excellent then the King, and hath right to bestowe the Crowne at their pleasure, That the People may arraigne the King &c. That Reward should be giuen to them that kill Tyrants, to wit, those who persecute Religion. And what sedition this doctrine raised in Scotland against that worthie and virtuous Queene MARIE, his Maiesties mother, and against his Maiestie him selfe, all the world knowes, [Page 305]and he best him selfe. So that the question betwixt vs, and our Reformers, who so storme at this opinion of Catholicks, which teacheth that Popes in some case ex [...]taordinarie may depose Princes, is not so much whether the Pope can doe it, as whether he, or rather a Luther, Zuinglius, Caluin, Beza, Knox, or Buchanan can do it; nor so much whether a Generall Councell can doe it, but whether such a Councell rather then a Consistorie, or Heard of Ministers can.

5. And thus much I haue discoursed concerning this question, whether the Pope can in any case depose a Rebellious Prince, and who otherwise cannot be corrected: not for that I honour not Princes, or acknowledge not obedience due vnto them, for I haue aboue prooued that they are in Temporall matters to be honoured and obeyed vnder paine of mortall sinne; I haue also confessed and declared, that so long as they conteine them selues with in their bounds, and that their Temporall sword is not necessarilie to be drawne for the Churches defence, they haue (if they be absolute Superiours) no superiour on earth in Temporall matters: but only this I haue done to satisfie my conscience, to discharge my dutie to Christ his Church, and so to giue to Caesar and Temporall Princes what belongeth to them, that I take not from God and his Church what is due to them.

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6. Wherein I hope I derogate no more from the Prince, then many Catholicks do from the Pope, who teach that in case of Heresie (to which as a priuate man, though not as a publike person, they thinke him to be subiect) he may be a Councell of Bishops and Prelates be deposed. And therfore as Popes take this doctrine in good parte, so ought Princes not to take it so haynously that we affirme, that in case of intolerable tyrannie against the Church, the Pope may depose them: But rather as they are content so to beare rule ouer their subiects, as they will permitt God to beare rule ouer them; so they should also be content to subiect them selues▪ their Kingdomes, Crownes, and scepters to Christ and his Kingdome, that raigning vnder him here for a time, they may raigne with him hereafter for euer.

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CHAPTER XV.

An Explication of the late Oath of pretended Alleageance, and of euery clause thereof, deduced out of the former and some other grounds, by which is prooued, that it can neither be proposed, nor ta [...]en, without grieuous offence of Almighty God.

1. Vide Alphonsum de Castro, V. Iuramē tum. Gen. 21. Gen. 26. Gen. 31. Psal. 17. Rom. 1.2. Cor 1. Philip. 1.1. Tim. 5 CAtholicks with common consent do confesse and hould against the Messalians, Euchites, Pelagians, Waldenses, Anabaptistes, and Puritanes, that it is lawfull in some cases to sweare, as many of the greatest Sainctes haue done: For ABRAHAM swore to Abimelech, ISAAC to the same, or another Abimelech, IACOB to Laban. MOYSES swore by Heauen and earth; DAVID and others oftentimes vse this oath; Viuit Deus; as God liueth; which is in effect to sweare by the life of God; S. PAVL also did vse diuers oathes, as Testis enim mihi est Deus: for God is my witnesse; and I call God to witnesse; I testifie before God; and such like. Yea God him selfe knowing that we more easilie beleeue when a thing is sworne, sweareth himselfe, to winne credit at our hands. Deut. 4. And in DEVTERONOMIE he commandeth vs to sweare saying. Dominum Deum tuum timebis, & per nomen eius iurabis: Thou [Page 308]shalt feare thy Lord God, and shalt sweare by his name. But as medicines are good, yet not alwaies to be taken, but onlie supposing a disease or sicknesse; so oathes are not to be vsed, but only supposing a necessitie, as when we cannot otherwise be beleeued. And therfore when there is no necessitie, CHRIST sayth: Mat. 5. Ego autem dicovobis, non iurare omnino: I say to you; sweare not all, to wit, when there is no necessitie. Iacob. 1. And S. IAMES: Nolite iur are quodcunque iur amentum: Do not sweare any oath. Deut. 6. But when there is necessitie, God commandeth it, Psal. 62. as wee haue seene. And Dauid commendeth it saying: Laudabuntur omnes qui iurant in eo: They all shall be praised who swearein him (God.) Fot to sweare when necessitie vrgeth, is an Acte of Religion, and worship of God, whome we acknowledge to be so true, that he will not fauour a lye, and of such a maiestie, that none will dare to sweare by him, vnlesse the thing be true: which is the reason why oathes are easilie credited.

2. D. Thom. 2.2. q. 89. art. 3. But if we will haue our oathes free from all sinne, we must ioyne to them these three companions [...], or conditions: Iudgement Veritie, and Iustice; according to that of HIEREMIE: Hierem. 4 Iur obis in veritate, & in iudicio, & in iustitia: Thou shalt sweare in Veritie, Iudgement, and Iustice. Iudgement is necessarie in the sweater, Veritie in the thing he sweareth, Iustice in the cause. For want of Iudgement the oath is rash, as when we sweare for euerie trifle; for [Page 309]want of Veritie, the oath is false and periurie, as when we sweare a lye; for want of Iustice, it is vnlawfull, as if one should sweare he would committ a sinne. And if a man sweareth with out Iudgement, he taketh Gods name in vaine; if without Veritie, he committeth periurie, and makes God to patronize a lie; if without Iustice he makes God a patron of sinne. Wherfore he that would knowe whether the Oath, which latelie is proposed to Catholickes, be lawfull, must marke whether it want not some one of these three companions or conditions, to wit, Iudgement, Veritie, and Iustice; for if it want but one, it is vnlawfull; much more if it want all. And because there may be difficultie as well about the proposer, as the taker of this Oath; let vs see first whether in the proposer may be found Iudgement, Iustice, and Veritie.

3. As touching the first, it may seeme not to be wanting in the Magistrate that proposeth, and that for two reasons. First because the Prince being of another religion then the Pope, and knowing that Catholickes giue him power to depose Princes, may seeme iustlie to feare least he will exercise this Authoritie vpon him. Secondlie the late Gunpowder-plot may seeme to proceed from such an opinion, and so the Magistrate, to secure the Prince, seemeth to haue reason to vrge the Catholicke subiects vnto such an Oath.

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4. But yet on the other side it seemeth most certaine, that the Magistrate hath no iust cause to propose such an Oath, & consequentlie that in proposing it, he obserueth not the first condition. For first although the Magistrate may haue some cause to feare the Kings deposition, supposing that he persecuteth the Catholicke faith, and depriueth Catholicks of liuings, libertie, Rom. 13. and sometime life also; yet, as S. PAVL sayth: Vis non timere potestatem? bonum fac & habebis laudem ex illa; Dei enim Minister est tibi in bonum. Si autem malum feceris, time; non enim sine causa gladium portat &c. VVilt thou not feare the power? do good and thou shalt haue praise of the same; for he is Gods Minister vnto thee for good. But if thou doe euill, feare; for he beareth not the sword without cause, for he is Gods Minister, a reuenger vnto wrath to him that doth euill. So say I, if Princes wilbe free from all feare of the Popes power, let them do good, and they shall haue praise before God and men; for the Pope is appointed Pastour vnto thē for their good. But if they will do euill, if they will persecute the Church, her faith, & faithfull children; then let them feare, for he is Gods Minister, & hath the spirituall glaiue put into his hand to chastize, & correct all rebellious Christians. And therefore as he that taketh a mans purse from him by violence, hath no iust cause to compell him to sweare that he will not bewray him, because he might, and should haue abstayned from the iniurie, and [Page 311]then an oath had not bene necessarie: so the Prince or Magistrate hath no vrgent cause to propose this Oath to the Cath olicke subiectes, because if he abstaine from persecutiō, as he ought to do, he needeth not feare the Popes power, and so hath no sufficient cause to vrge his subiects by oath to abiure the Popes Authoritie that he in the meane while may persecute impunè.

5. As for the Gunpowder▪ plot, it could not proceed from this opinion, for it doth not follow that because the Pope cā depose the Prince, therefore his subiects by priuate Authoritie may endeuour to kill him; because the Pope is superiour, the subiectes are inferiours; he hath publick, they haue only priuate Authoritie.

6. Secondlie the Prince or Magistrate can not iustly vexe subiects, nor trouble their consciences with it, but only for his own securitie: but this Oath is so farre from securing the King, that rather it exposeth him to greater daunger; ergo to secure him selfe, the King cannot iustlie propose this Oath. That this Oath cannot secure the King, it is manifest, because the most that take this Oath, take it against their conscience, and not so much out of opinion, as for feare; yea they thinke they do ill in taking it, and consequently they thinke they are not bound to obserue the same, for to sweare to do an euill thing, and after to fulfill the Oath, is a double sinne, [Page 312]one in swearing, another in fulfilling. An example is in Herod, who sinned in promising by a solemne Oath, that he would graunt his Daughter what soeuer she asked, and as he was bound not to stand to such a rash oath, so he sinned againe in fulfilling it. And Widdrington requireth onlie, that we should sweare, that we thinke it probable, that the Pope can not depose a Prince, which opinion probable, and consequentlie fearfull (for a probable opinion is alwayes ioyned cis [...] formidine de opposito, with feare of the opposite or cōtrarie) may easilie chaūge with euerie winde, and so can not secure the Prince. And so the King after this Oath is no more secure then before, because the Catholicks, who take this Oath against their conscience, know that they are not bound to keepe their oath. And they who sweare onlie that they thinke it probable that the Pope can depose, sweare with feare and without any certaine assent, and so may easilie chaūge that opinion which they holde then, in to the contrarie. Yea the Prince thereby bringeth him self into greater daunger. For by so vnwonted & odious an Oath, so contrarie to his subiectes consciences, he cannot but make him self odious, which how dangerous it is, Cicero lib 2. de offic. CICERO witnesseth saying: Multorum odiis nullae opes, nullae vir espoterūt resistere; No richesse or forces are able to resist the hatreds of many.

7. I know the Politicians say: Oderint dum [Page 313]metuant. Let them hate, so they feare also. Seneca lib. 2. de ira, c. 11 But yet true is that, which Seneca no inexpert Politician alleadgeth: Necesse est vt multos timeat, quem multi timent: He must of necessitie feare many, who causeth many to feare him. Cicero lib. 2. de offie. Because as Cicero sayth: quem metuunt, oderunt. Men hate whome they feare. And what securitie hath a Prince amongst them that hate him? When subiects hate their Prince, they are discontended, when they are discontended, they are desperate, when they are desperate, they care not for their owne liues, when they care not for their owne liues, let then the Prince feare his; for as Seneca saith: Seneca. Qui suam vitam contemnit, tuae Dominu [...] erit: He thar contemneth his own life, wilbe master of thine. And from this source proceeded the late Gunpouder-plot.

8. Wherefore if Kings will raigne securelie, and fortifie them selues stronglie, let them procure the loue and good will of their subiects, Senec [...] lib. 2. de Clem. cap. 19. because as the same Morall Philosopher sayth; Vnum est inexpugnabile munimentum, amor Ciuium: The only impregnable, and inexpugnable fort and strong hould a Prince hath, is the loue of his Citizens and subiects. But if a Prince seeke rather to dominere odiously, then to rule sweetlie, desire rather to be feared, then loued; all the oathes, that he shall extort of his subiectes, cannot secure him, all his watch and Guarde will not saue him. CLAVDIVS the Emperour neuer went to a Banket, but he enuironed the table with [Page 314]souldiours, who only also serued him at the same; and yet by his Taster he was poisened. DOMITIAN made the walles of his Gallerie, or Ambulachre, of stones of Phengites, which were transparent, that so he might see on all sides, and yet he was slaine by his Chamberlins. And what a strong Guarde, what armies can do to defend a Prince that is hated, we haue seene by the example of the two HENRIES, the Third, and Fourth of France, wherof the First was killed by a sillie Fryat, the other by a poore companion, in the middest of their Armies, And so the first condition required to propose this Oath, which is Iudgement, that dictateth that an oath is neither to be proposed nor taken without iust cause, is wanting.

9. Veritie also, which is the second companion of an oath, is here deficient, because it is false that the Pope can not depose Princes, as I haue prooued by many Arguments, and so to sweare it, were to sweare a falsitie, and consequently the proposer of this Oath obserueth not the second condition, which is Veritie, without the which all oathes are periurie, and so neither to be proposed, not taken.

10. The third condition is also wanting, because if it be true that the Pope hath authoritie to depose Princes (as I haue prooued) it is against Iustice to denie him this authoritie, and consequently to sweare [Page 315]the denyall. And so the Magistrate wanting Iudgement, Veritie, and Iustice, cannot lawfully propose this Oath to Catholicks, and especially to Priests, who are exempted by their Clericall priuieledge from his Iurisdiction.

11. But because this discourse is vndertaken rather for the instruction of the Catholicks, to whome the Oath is proposed, then for the Magistrate, that proposeth it; let this suffice for the proposers caueat and lesson, and let vs come to the Catholicks, and examine, whether this Oath may with safe conscience be taken of them: For if it may, it were crueltie to vrge them to refuse it with losse of liuings and libertie; But if it may not, then it is as farre greater crueltie for Widdrington, and others, to perswade them that they may take it, as it is more to loose eternall felicitie, then Temporall riches, of which Death will in fine despoile vs. And because Widdrington hath deuided the Oath into certaine clauses, I will follow him in the same method: Protesting first, that as His HOLINESSE when he heard of this Oath, affirmed (as Father persons alleaged by WIDDRINGTON, Widdr. Disp. Th. sec. 2. cap. 10. num. 56. related) that he had no intention, to proceed actuallie by Censures against his Maiestie (of England) but rather to vse all Humanitie, and onlie would suffer death rather then yeeld any iotte of the Authoritie due to the Sea Apostolique: Soe I haue noe intention to dispute de facte, [Page 316]but onlie de Iure, that is, not to question whether in this case, or that case, or whether for this cause, or that cause, His Maiestie, or any other absolute Prince in particuler may be deposed, or whether it would be more to destruction, or edification: but rather (if the Oath did not mention His Maiestie, and so enforce me to speake some tymes of him) I would for the respect which I beare to my Soueraigne, speake no more of him then any other Prince, but, abstracting from all Princes, factes, and cases in particular, I intend onlie to dispute, as I haue hetherto, of the Popes Right, and Authoritie ouer Princes in generall.

The First Clause of the Oath.

I. A. B. do trulie and sincerelie acknowledge professe, and testifie in my conscience before God and the world, that our Soueraigne Lord King Iames is lawfull and true King of this Realme, and of all other his Maiesties Dominions and Countries.

12. I will not stand much with WIDDRINGTON about this clause, because all Catholicks will acknowledge his Maiestie that now is, for their Prince and King, and will sweare also fidelitie vnto him in all Temporall matters; and this Oath hath bene offered by the Catholicks in an Epistle they [Page 317]wrote to his Maiestie; which others also haue offered, and for better notice and in argument of their true meaninge published their offer in print. This then is one reason which maketh Catholicks to suspect, that in this Oath couertlie is intended a denyall of the Popes spirituall supremacie. For if the Prince, and his Magistrate intended only Ciuill and Temporall Alleageance, why did they not propose this Oath in the ordinarie tenour and termes of a Ciuill oath, with which the former Kings of England, and all Catholick Kinges of other Countries euen to this day content them selues? Why bring they in the Popes Authoritie, which other Princes leaue out? But they knew that Catholicks would neuer haue refused such an oath, and therefore to trouble, and engage their consciences, to haue thereby some pretence to seaze vpon their liuings and goods, and to vexe their persons, they deuised this Oath. Which their manner of proceeding may make Catholicks iustlie suspect that some thing is intended, to which in conscience they cannot agree, and consequentlie (oathes, conscience, and Religion being so nice and daungerous matters) if there were no other reason then this, In his Newyearesguift num. 8. pag. 37. the Catholicks haue iust cause to make, not only a scruple, but also a conscience to take it. And therefore Widdrington him selfe in his Newyeares-guist, confesseth at least, that [Page 318]in the beginning (and why not still?) Catholickes might iustlie suspect this oath to be vnlawfull.

13. Suarez & Gretzerus. Hence it is also, that some writers make a scruple of those wordes, Supremus Dominus, Soueraigne Lord: because the Oath being of it self, suspicious, and the King of England, by his ordinarie Title giuen him by Parlament, being stiled Supreame Head of the Church, (which dignitie the Bishops and Diuines of England affirme to be annexed to the Kinges Regalitie iure diuino, as we haue seen aboue Chap. 6.) they feare least a snake lie hid in the grasse, and a pad in the strawe, and that vnder that Title of Supreme or Soueraigne Lord, is couertlie vnderstood Supreame Head of the Church of England, not only in Temporall, but also in Spirituall causes. But because these wordes (Soueraigne Lord) may be taken in that good sense, which ordinarilie they import, and are not put ex parte praedicati, but only ex parte subiecti, (for by this clause the swearer sweareth not that his Maiestie is Supreame or Soueraigne Lord, but only that our Soueraigne Lord is true and lawfull King) I will not much stand about them.

14. For as if one should sweare, that the Archbishop of Cantetburie is trulie a persecutour of Catholicks, he should not sweare that he is trulie Archbishop, but onlie that he, who is called Archbishop of Canterburie, is truly a persecutour: so by [Page 319]swearing that our supreame Lord King IAMES is true, and lawfull King, we do not sweare that he is Soueraigne or Supreame Lord, but only that he, who is so stiled, is our Prince and King, which no English Catholicke will refuse to sweare. But howsoeuer Catholicks haue good cause to suspect all things in this vnwonted Oath, it being not the ordinarie Oath of Alleageāce, which the Kings in other Countries propose, and wherewith the Kings of England contented them selues, till they began to seuer them selues from the true Catholicke Romane Church (for true Catholicke and Romane euer went together) and to banish out of their Realme all Papall Authoritie, as an enemie to their state, which other Princes do retaine, and euer haue reuerenced and maintained as the Chiefe support of their Kingdoms. And that which augmenteth the suspition is, for that his Maiestie him selfe seemeth to make doubt of this Oath; and so it seemeth daungerous either for the Magistrate to propose it, or the subiects to receaue it. For these are his Maiesties wordes vttered in the Parlament an. 1606. Some doubtes haue been conceaued in vsing the Oath of Allegeance, and that part of the Act, which ordaineth the taking therof, is thought so absurd, as no man can tell, who ought to be pressed therewith. For I my selfe, when vpon a tyme I called the Iudges before mee at their going to their courts, moued the question vnto them, wherin, as I thought, [Page 320]they could not reasonablie auswer. So that this obscuritie in the Oath should first be cleared, least swearing to that which wee vnderstand not, wee expose our selues to periurie.

The Second Clause.

And that the Pope neither by him selfe, nor by any authoritie of the Church, or Sea of Rome, or by any other meanes with any other, hath any power or authoritie to depose the King, or to dispose of any of his Maiesties Kingdomes or Dominions, or to authorize any forraine Prince to anoy him, or inuade his Countries, or to discharge any of his subiects of their Alleageance and obedience to his Maiestie, or to giue licence, or leaue to any of them, to beare Armes, raise tumultes, or to offer any violence, or hurt to his Maiesties Royall person, state, or gouernment, or to any of his Maiesties subiectes within his Maiesties Dominions.

15. Widdr. in disp. Theol. in exam. huius clausulae. This clause (sayth VViddrington) is Petra illa scandali & lapis offensionis: that Rocke of scandall and stone of offence, at which so many of this age, as well learned, as vnlearned haue stumbled. And in deed to VViddrington him selfe it hath beene such a Rocke of scandall [Page 321](but by his owne fault, for many haue passed it with out either falling or stumbling) that he hath not onlie stumbled and fallen at it him selfe, but by his fall he hath beene the cause of the fall and ruine of many an hundred. For if, August. serm 14. de Sāctis. Act. 7. & 22. as S. AVGVSTIN sayth, S. PAVL by holding the garments of those that stoned S. STEVEN did more stone him then any of the stoners them selues. Magis saeuiens omnes adiuuaudo quàm suis manibus lapidando: Certes Widdrington persuading by his bookes that the Oath is lawfull, sinneth more damnably, then any one of them, that take the Oath, yea taketh it in euerie one of them, and stumbleth and falleth in them all, and consequently more then them all. But vae homini illi, per quem scandalum hoc venit: Mat. 18.woe to that man, by whom this scandall commeth.

16. But to come to the examination of this Clause, although Widdrington maketh no bones of it, yet they that square all by conscience, and the rule of faith, and practise of the Church, finde great and many difficulties not to be deuoured by any timorous conscience. And first by all the Argumentes, which hetherto haue beene produced, it is as manifest that this Clause of the Oath wanteth Veritie (which is the second companion and condition of a lawfull oath) as it is euident, that the Pope hath Authoritie to depose a Prince, not whom soeuer, but such a one, in whome is iust cause of deposition, to wit intollerable [Page 322]and Rebellious Tyrannie against the Church, or some such like cause. For if the Lutherans, Caluinists, and other heretickes, who hould that a Prince, who persecuteth their religion, may be deposed and killed, can not take this Oath, vnlesse they first depose that conscience, and chaunge their opinion; much lesse can Catholicks, who generally holde that the Pope can in some case depose Princes, and dispose of their Kingdomes, with out doing against their conscience.

17. Widdr. disp. Th. de Iurā. Fidel ca. 2. sect. 2. nu. 3. & ca. 3. sect. 2. n. 3. Wheras VViddrington answereth that the thing which is sworne in this Oath is not, that King IAMES is lawfull King, and cannot be deposed, but onlie that the partie, who sweareth, sincerelie acknowledgeth that he is lawfull King and cannot be deposed; and so at least they, who are perswaded that the Pope cannot depose Princes, may with safe conscience, and with out daunger of periurie, sweare that they think he cannot be deposed: I must tell him first, that if this were the meaninge, the Oath would litle auaile to the Kinges securitie; Which yet the King sayth was intended by this oath, by which he would distinguish betwixt Catholickes, and be sure that they would stand for him, though the Pope should depose him, and would not out of that opinion that the Pope can depose a Prince, attēpt any thing against him. For although the subiect sweare that now [Page 323]at this present he is persuaded that the Pope can not depose a Prince, yet seeing that many holde the contrarie, he may after the Oath taken, chaunge his minde, either by conferring with the Doctours of the contrarie opinion, or by reading their bookes, and should not breake his former Oath, he by that protesting only and swearing what then was his opinion. Secondlie, this is but a meere euasion, because he that taketh the Oath, sweareth from his hart, and before God, not onlie that he thinkes so, but also that it is so, and that most assuredlie it is so. And this, the verie wordes of the Oath do import, which do make the swearer say, ‘that he doth sincerlie acknowledge and testifie in his Conscience and before God that King IAMES is lawfull King, and that by no Authoritie he can be deposed.’ Which meaning the Fourth Clause also confirmeth, where he sweareth, that the position and doctrine, which holdeth, that Princes excommunicated, may be deposed and murthered, is impious and hereticall. By which manner of speech, he not only sweareth what he thinketh, but what absolutelie is to be houlden concerning such a doctrine and position. Yea he doth not sweare at all what he thinketh, as though his thinking were the immediat obiect of his oath, or the thing which he sweareth, but by those wordes, I do trulie and sincerelie acknowiedge, Professe, and testifie in my conscience before God and the world, he [Page 324]doth expresse his acte of swearing and protestation, and by the ensewing wordes, that our Soueraigne Lord King IAMES is lawfull and true King &c. aend that the Pope neither by him selfe, nor by any Authoritie of the Church or Sea of Rome, or by any other meanes with any other, hath any power, or Authoritie to depose the King &c. he expresseth the obiect of the oath, and the thing sworne, to wit, that King IAMES is lawfull King (of which no English Catholicke maketh doubt) and that the Pope can not depose him. Otherwise if by this clause were onlie intended, that he that taketh the oath should sweare what he thinketh, it should haue been thus expressed. I.A.B. do trulie and sincerelie acknowledge, professe, and testifie in my conscience before God, and the world, that I thinke, and am perswaded, that King IAMES is lawfull King, and that the Pope can not depose him. And I demaund of WIDDRINGTON, if the Kinge would make an oath to oblige his subiectes to sweare not that they thinke, but that indeed King IAMES is lawfull King, and can not be deposed, how he could more plainlie haue expressed it, then he hath? And although WIDDRINGTON is not now afrayd to auerre, Widdr. in his Newyearesgift. Pag. 62.63. that one may not onlie sweare that he thinketh that the Pope can not depose a Prince, but also that absolutelie he can not depose him, yet who can lawfullie sweare with such asseueration, that the Pope absolutely hath no such power, knowing that there are so many [Page 225]Argumentes, and so great authoritie aboue produced for the contrarie?

18. Let vs cleere the matter by an example of VViddrington his owne alleadginge? Widdr. Disp. Th. cap. 3. sect. 1. num. 11. There are two opinions amongst Diuines touching the Conception of our B. Ladie; The Thomists say, shee was conceiued in originall sinne, though by and by after sanctified euen in her mothers wombe. The Scotists, and others holde that shee was sanctified in the first instant of her conception, and so neuer contracted originall sinne at all; and this is the more common opinion, and most conformable to the practise of the Church, celebrating the feast of her sayed Conception, though the other be not condemned, but allowed. Now I demaund of VViddrington, who bringeth for him selfe this example, whether a Thomist can sweare that our Ladie was conceiued in originall sinne against the other opinion? I graunt to Widdrington, that he may sweare, that he thinketh so, if in deed he bee of that opinion; for in swearing that which he thinketh, he sweareth no falsehood: but he can not sweare with the former asseueration that absolutely shee was conceiued in originall sinne, he knowing that so many Authours holde the conrra [...]ie, who are also countenanced by the Churches practise, and consequently knowing that it is verie probable that the contrarie is true, if not truest. The same, and with more reason, may I say to [Page 324] [...] [Page 225] [...] [Page 326] Widdrington in our present case. VViddrington holdeth, and so do some others whome he produceth (but with how little reason and Authoritie we haue seene) that the Pope cannot depose Princes, nor dispose of any Temporall matters out of his owne patrimonie and Kingdome, and so though he ought to depose that conscience and opinion, yet so long as he is of that opinion, he may sweare that he thinketh so, and shall sweare no falsehood, if in deed he thinke so. But yet he knowing that so many Scriptures, Theologicall reasons, Councels, Popes, their factes and practise, so many learned Doctours and Sainctes, stand for the contrarie, he can not sweare absolutely, and with the former asseueration, that the Pope hath no such authoritie, he knowing that so many Authours and so great Argumentes and Authoritie, do countenance the contrarie opinion: Yea much lesse can he sweare for his opinion in this point, then can a Thomist for his, touching our Ladies Conception: because the Thomist is licenced by the expresse leaue of the Church, to teach and thinke as he doth, and his aduersaries are commaunded by the Church not to condemne his opinion as hereticall, Concil. Trid. sess. 5. c. 1. de Reform. Sixtus 4 ca. graue nimis de reliq. or erronious, or rash, which warrant VViddrington hath not for his opinion; rather the Church hath condemned it in Councells and practise, as wee haue shewed. Who is then so hardie, or rather so rash, that dareth [Page 327]sweare absolutely that the Pope hath no authoritie to depose Princes, or dispose of their Kingdomes, the contrarie being not only probable, yea more probable, which VViddrington can not denie, but also a matter of faith, or so neerely concerning faith, (as the arguments and authoritie produced do warrant) that Cardinall Allan in his Answer to the libeller sayth, Chap. 4. it concerneth the Popes Supremacie and power Apostolicall, Apol. pro Card. Bellar. cap. 6. cont. 4. pag. 259. and Schulkennius verie well auerreth, the contrarie is either hereticall, or erronious, and temerarious; either of which is enough to deterre any timorous conscience. But be it that the opinion, which holdeth that the Pope in some cases can depose a Prince, were but probable, yet seing that the thing which is probable may be true, and if it be the more common and probable opinion (as Widdrington denyeth not but that this opinion of deposing Princes is) it is most like to be true: It followeth consequently, that he that abiureth this probable, yea more probable opinion, that the Pope can in some case depose Princes, exposeth him selfe to probable daunger of swearing false, and abiuring the truth, and so is periured; because, qui amat periculum in illo peribit: Eccl. 3.he that loueth daunger shall perish therein: out of which wordes Diuines do prooue, that he who wittinglie and willinglie exposeth him selfe to probable daunger of any sinne, is guiltie before God of that sinne, as if he [Page 328]had actuallie committed.

19. Certes if Veritie be a necessarie companion of a lawfull oath, no man can sweare more, then he thinketh there is veritie in the thing he sweareth. Wherefore that he may sweare that this opinion is probable, he must in conscience thinke it at least probable, which (if he ponder the Authoritie, which aboue I haue produced for the contrarie) he can not possiblie and with any reason thinke: to sweare that he thinketh it not only probable, but also absolutely and vndoubtedly true, he must in conscience be so perswaded, else he should sweare against his conscience, and otherwise then in his conscience is true. And how can hee perswade him selfe so fullie, as to sweare, that from his hart and before God, he thinketh, and holdeth, that the Pope in no case can depose Princes, or dispose of their Dominions, he knowing that so many, and with so great reason holde the contrarie, who are as likelie, and as farre more likelie not to be deceaued then he, as they haue more reason and Authoritie for their opinion, then he.

20. Pag. 62. and Pag. 63. WIDDRINGTON in his Newyeares-gift answereth, that whatsoeuer opiniō a man followeth in Speculation concerning the Popes Authoritie to depriue Princes, yet he may as certainelie acknowledge, and sweare that the Pope hath no Authoritie to depose the King (that is to practise his deposition) as [Page 329]it is cleare and manifest, that he may certainlie acknowledge and sweare, that the Pope hath no authoritie to committe open iniustice; and that in a doubtfull, vncertaine, and disputable case the condition of the possessour is to be preferred. But although Widdrington maketh great accounte of this answer, yet it will be found defectiue. For first VViddrington is not ignorant, that the power and exercise of the power are two thinges, which also may be separated: for we haue the power of seeing when we sleepe, but not the exercise of it; & we haue the power of walking when we repose our selues on our bedde, and yet then we walke not. And so the power of excommunicating and deposing is one thing, and the exercise of it is an other; and therfore the Bishop may haue power to excommunicate, and yet not exercise that power; and the Pope may haue power to depose, although he do not actuallie depose any. Secondly WIDDRINGTON knoweth, that a man may haue the power to do a thing validlie, that is, so as the thing donne shall stand in force, and yet not lawfullie, that is, with out sinne. As for example, the Prelate or Soueraigne Prince, who haue Authoritie to dispense in positiue lawes subiect to their Authoritie, if they dispense with out iust cause, the dispensation according to the probable opinion of diuerse Diuines, is valid and of force, and freeth the [Page 330]dispensed in conscience, Soto li. 1 de Iustitia & Iure q. 7 a. 3. Siluest. & Angelus V. Dispensatio. but it is vnlawfull, and the dispenser sinneth. So the Pope or Bishop may sometymes Excommunicate validlie, and yet not lawfullie. For Diuines affirme, Excommunication may be three wayes vniust: Ex animo, when there is iust cause to excommunicate, but the Bishop who excommunicateth doth it not out of Zeale of iustice, or desire of amendment, but out of enuie, hatred, or malice; Ex ordine, when the Bishop hath iust cause to excommunicate, but obserueth not the order of Canonicall Premonition, which is to be donne thrice, or once for thrice; Ex cauiâ when there is no iust cause. The first excommunication is alwayes valid, Lib. 1. Thesauri [...]suum [...]sci entia ca. 7. but vnlawfull; so is ordinarilie the second as noteth Sayrus our countrie man; the third is not onlie vnlawfull but also inualid and of no force. So also the Pope may depose validlie, and yet not lawfullie; or without sinne. For if the Prince giue sufficient cause of deposition, and the Pope notwithstanding should (as such a superiour is not easilie to be thought so to do) depose the Prince out of hatred or enuie, or else when prudēce would haue him to tolerate the Prince for feare of garboyles and greater hurte, the deposition should be valid and of force, but yet vnlawfull, and sinnefull. Wherefore seing that in this second clause we are to sweare that the Pope hath no power or Authoritie to depose the King, or to dispose of his maiesties Kingdomes or [Page 331]Dominions, &c. Although perchaunce he can not now, as thinges stand, lawfullie exercise his power in deposing an absolute Prince, because much more hurt then good might come of it; yet if it be probable, that the Pope hath power to depose (as Widdrington confesseth it is probable) I demaunde of Widdrington, how he can sweare resolutelie that the Pope hath no such authoritie, he being not ignorant that many learned men holde it, and that more then probable that he hath? And so for all this Answer, my former Argument is in force. wherfore although it were but probable, that the Pope hath authoritie to depose a Prince, and that consequentlie he could not actuallie without iniustice depose him (the cōdition of the Possessour being to be preferred) yet seing that the power is one thinge, & the exercise an other, and that it is at least probable that the Pope hath power to depose, how can WIDDRINGTON, knowing this probabilitie, sweare absolutelie that the Pope hath no authoritie to depose? As for example, one is in possession of a Tenement and hath probable right, an other hath also probable right to it, but without possession, and so can not iustlie dispossesse, because in the like defaulte or cause, De Reg [...] Iuris in 6.better is the condition of him that is in possession. Although therfore in this case one might sweare, that he, who is not in possession, can not iustlie dispossesse the partie who hath the possession: [Page 332]yet he could not sweare, that he hath no right to the Tenement, if he know that he hath probable right. And therefore although if it were but probable, that the Pope can depose, one might sweare that he cannot exercise this power iustlie, because melior est conditio Principis possidentis, yet he could not sweare (as in this clause he is commaunded) that the Pope hath no power nor right to depose a Prince. For as a man may haue probable right to a Tenement, and yet can not put him out of possession who also hath probable right, because possession hindereth: so the Pope might haue probable authoritie to depose, yet could not actuallie depose a Prince, because his possession hindereth. Lastelie by as many Arguments, as I haue deduced out of Scriptures, Councelles, The ologicall principles, and practise of holy Popes, to prooue that the Pope can in some cases depose a Prince, I haue also prooued WIDDRINGTONS opinion improbable. And although three or foure Authours, or as many as VVIDDRINGTON alleageth may make an opinion probable, Vasq. 1. 2. disp. 62. ca. 4. yet as Vasquez and others do well obserue, they must be skilfull in that arte and science, and the rest of the torrent of Doctours must admitte it as probable, and not note it of errour or temeritie. And therfore though some few Doctours holde with VViddrington, or rather he with them; yet seing that the [Page 333]rest of the Doctours in number, learning, and sanctitie farre excelling, do stand against his opinion; that his Authours either holde against him, or are censured by the Church; that the Decrees of Councelles and facts of Popes do condemne him, his Authours, and his opinion; and that latelie his Chiefe Pastours sentence hath pronounced, that the oath of Alleageance containeth thinges contrarie to faith and saluation: in which wordes, no doubt WIDDRINGTONS opinion, the principall subiect of the oath is deepelie taxed; how can WIDDRINGTONS opinion be probable? and if his opiniō be not probable, the contrarie opinion which holdeth, that the Pope can depose a Prince, must be more then probable, and no lesse then certaine, as besides other Arguments the Lateran Decree which otherwise should be vniust, doth demonstrate: whence followeth, that the Pope hath not onlie power to depose, but may also execute it without iniustice, the Prince deposed hauing no probable right or Title remaining. And this is the opinion of all those, who holde that the Pope can depose Princes, and this was the opinion of the Popes so learned, and so holie, that haue deposed Princes, and so must thinke it more then probable, else the Prince (as I said) after deposition should retaine probable right, and so being also in Possession, could not iustlie be deposed.

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21. Widdr. Disp. Th. cap. 3. sect. 3. n. 3. & cap. 10. sect. 2. n. 11. This Argument will haue more force, if we consider that this Oath is not onlie proposed to those that holde with WIDDRINGTON, but also to those, and those especially, who holde against him, and can not chaunge their opinion, or depose their conscience, because they haue no probable reason to depose it, at least so as to thinke absolutely and vndoubtedly that the Pope cannot depose Princes, or dispose of their Temporall states. For although, if VViddringtons opinion were probable (as it is not) they might so depose their conscience, as to thinke the contrarie probable, and consequently might sweare it is probable; yet they can not sweare that they thinke from their hart and before God, that VViddringtons opinion is absolutely true, and consequently the contrarie absolutely false, they knowing that there is such reason and Authority for the contrarie. Yea this Oath is proposed to all sortes, as well those that are learned as vnlearned, as well those that haue capacitie to Iudge of the Oath, as those that haue not, such as are the most part of those, to whome it is tendered. And how shall they with any saferie of conscience sweare, that before God, and in their harts, they thinke that the Pope can not depose Princes, they being not able to iudge of the matter, and knowing no more probabilitie for the one side, then for the other?

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22. VViddrington sayth, that those that can not iudge, may rely vpon the learned, and so though by intrinsecall principles, which are the reasons and Arguments, which are produced for this opinion, they can not iudge which opinion is probable, or more probable, they being not of capacitie to conceaue of the force of Argumentes, yet by extrinsecall principles, that is, Authoritie of others, who are counted good and learned men, they may frame to them selues a conscience that the Pope can not depose Princes, because many learned and good men holde that opinion. To which purpose he citeth his Maister Gabriel Vasquez, whome notwithstanding he misconstrueth. Vasq. 1.2. disp. 62. c. 8. For although Vasquez togeather with Henricus, Conradus, and Siluester, whome he alleadgeth, do holde that an ignorant man may follow in practise a probable opinion, yea the Counsell of a prudent, learned, and good man, who telleth him it is a probable opinion, although the common opinion be contrarie; And so if VViddringtons opinion were probable, might also holde with him, and consequently sweare what hee thinketh; yet I denie VViddringtons opinion to be probable, and haue prooued it not only improbable, but also repugnant to scriptures, Theologicall reasons, Councels, and consequently directlie or indirectlie to faith it selfe. But suppose (which yet I will not graunt) that VViddringtons opinion were [Page 336]probable, yet neither Vasquez, nor any Diuine affirmeth, that it is lawfull to sweare absolutely that VViddringtons opinion is true. If VViddringtons opinion were probable by reason of the Authoritie of the Authours that holde it, then might any man, euen he that thinketh it by intrinsecall principles of reason and argument, to be false, frame a conscience, that it is probable for the extrinsecall principles, as the multitude, learning, and vertue of the Authours that holde it, and consequently might sweare that he for these principles thinkes it probable, yet he can not sweare (as is cōmaunded by this Oath) from his hart, and before God, that VViddringtons opinion is true, and that therefore absolutely the Pope can not depose a Prince for any heresie or rebellion against the Church, because (as is before sayd) he knowing, that many hould contrarie to VViddrington, and that farre moe are against him, then with him, who are as likelie, yea more likelie to haue found out the truth, then he, he can not sweare absolutely that the Pope can not in any case depose Princes; for that were to sweare that a thing false (as I haue prooued) or at least but probable (as VViddrington confesseth) is so certaine, that the contrarie is most certainely false, which is to sweare an vntruth, and to commit periurie. For as it is periurie to sweare, that that is true, which we know to be false, so is it periurie to [Page 337]sweare that to be absolutely true, which yet is doubtfull, or at least but probable.

23. Hence may easilie be gathered, that this Clause of the Oath wanteth all the three companions of a lawfull Oath, and so cannot be taken. First it wanteth Iudgement, because in deed, as appeareth by my former arguments, there is no iust cause or reason to sweare that it is probable, much lesse that it is assured, which is, euen by VViddringtons owne acknowledgement, but probable; and so it is rash, and wanteth Iudgement. Secondly it wanteth Veritie: for besides that I haue prooued aboue, that VViddringtons opinion is false, derogating to faith and Church, yea scriptures and reasons, and consequently that to sweare that it is true, were to sweare an vntruth, and to committ periurie; VViddrington him selfe confesseth his opinion is but probable, and consequentlie to sweare that it is vndoubtedlie true, and the contrarie false, is to sweare also an vntruth, because it is false, that, that which is but probable, is assuredlie true. Thirdlie this Clause wanteth Iustice, because it is an iniurie to the Pope, to sweare absolutely that he hath no power, nor Authoritie to depose Princes, he hauing so assured, and at least (as I haue prooued) so probable claime and Title to this Authoritie, Widdr. supra. euen by VViddrington his owne confession, who acknowledgeth that the Popes who deposed Princes followed a probable [Page 338]opinion: although he must also fay, that all those Popes, though holie and learned, committed great in iustice in deposing thē, they being in possession, and hauing also probable right, if those Popes had but probable Authoritie, as aboue I haue declared.

24. This might serue to reiect this Clause as altogether vnlawfull to be sworne: but yet for more full satisfaction of Catholicks in this point, I will bring another Argument to prooue that it can not in consciēce be sworne. Because this Clause importeth that the Pope neither by him selfe, nor by any another Authority or meanes, can depose the King, or dispose of any of his maiesties Dominions, or authorize any forraine Prince to anoy him, or inuade his countries, or discharge any of his subiects of their alleageance, or to giue licence or leaue to any of them to beare armes, raise tumults, or offer violence or hurt to his Maiesties Royall person, state, or gouernment, or any his Maiesties subiects &c. Wherein also is such difficultie, that I can not see how in a matter so doubtfull, or not so certaine, a man may sweare so peremptorily, and vndoubtedly. Who so pleaseth to read Franciscus de Victoria that learned Dominican, shall finde that he setteth downe diuers Titles, by which the Spaniards might iustly inuade & subdue the Indians; which Titles whether any Christian Prince may haue to inuade England, or any other countrie, I will not dispute, but onely alleadge them, that the Reader may see that it is not so euident that a man may take this [Page 339]Clause of the Oath in so generall termes as is lyeth, Victoria his opinion being no waies condemned, but rather approoued by many. Victoria Relect. de Indis Insulanis & Titulis quibus Barbari potuerint venire inditionem Hispanorum.

25. The first Title pertaining to this matter, which Victoria alleadgeth, is the Authoritie which the Pope hath to send Preachers euen to Infidels, much more to Christian Countries that be hereticks, because ouer these he hath spirituall Iurisdiction. And although Paganes can not be compelled to imbrace Christian faith; yet the Christian Preachers, after they haue giuen reason of their Embassage, may preach by that Authoritie, which CHRIST gaue to his Apostles and successours, when he sayd: ‘Euntes docete omnes gentes baptizantes eos &c. Mat. 28Going therfore teach yee all nations baptizing them, &c. And if the Paganes would hinder their preaching, or after they haue preached hinder the conuersion of Infidels, and the fruit of preaching; they may with the souldiours, whome they carrie with them, force them to permitt them to preach, and to permitt all that will to heare them, and not to hinder their spirituall good and conuersion; and if otherwise they cannot pursue nor defend this their right, they may make warre vpon those, that hinder them, and pursue all those thinges which are lawfull in a iust warre. And by this Title (saith Victoria) the Spaniards might make warre vpon the Indians, if otherwise they [Page 340]could not preach the Christian faith, nor withstand the obstinate Pagans, who would hinder their conuersion, that desired to be Christians.’ And thus Victoria would say that the Pope might send Preachers to England, and might desire and licence some Catholicke Prince to assist and defend the Preachers in procuring hereticks conuersion. And if any hereticks woulde not permitte the Catholicke Doctours to preach, or would hinder the conuersion of those, that would be Catholicks, the forraine Prince licenced by the Pope, might in manner aforesaid (as Victoria thinketh, for I will say nothing of my selfe) make warre vpon the English, and seeing that warre cannot (vnles by reason of ignorance) be iust on both sides, the English, especially who are Catholicks, could not defend those that oppose them selues against this Prince, who assisteth the Preachers. Thus would he say: but as I so honour my Prince, and loue my countrie, that I desire not that any such Title should take place in England, so I will not dispute of it.

‘26.Another Title (sayth Victoria) by which the Spaniards might make warre on the Indians is, if after some of them be conuerted to the Catholicke faith, the others would force them to Idolatrie, for then (sayth he) the Spaniards might by armes defend them, they being become now their freinds and fellowes.’

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‘27.A third Title (sayth he) might be this: If the Indiās by lawfull or vnlawfull meanes, that is by peaceble preaching, or force and violence, were for the most part conuerted, the Pope to conserue Religion might giue them a Christian Prince, and send an Armie to put him in possession. S. Thom. 2.2. q. 10 art. 10. Innoc. ca. super his de voto & voti redempt. This he prooueth out of S. Thomas, and the common opinion of Diuines, who affirme that the Chiefe Pastour in fauour of Religion, and for securing Christians saluation, might free Christian slaues from seruitude, and much more other Christians, who are subiect, not despoticè, but only politicè; yea this hee prooueth out of scripture, because in fauour of faith a wife may be separated from a Pagan husband, 1. Cor. 7. Cap. quanto, de diuortiis, much more a subiect from his Prince.’

‘28. A fourth Title is if the Prince generallie molest Innocentes by vniust lawes, and vexations; as if a Pagan King should sacrifice Innocent Children to his Gods, then any forreine Prince, especially by the counsell of the High Pastour, after he hath warned the sayd King, and seeth no redresse, may take the cause of the Innocents vpon him, and make warre vpon the King for their defence, for as Innocents haue right from God and Nature to defend them selues, so may another with their expresse or presumed licence, vndertake their cause, and wage warre in their defence.’

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29. A fift Title may be grounded in the Popes temporall authoritie, for hee being a temporall Prince might authorize the Duke of Vrbine for example, or other his Feudataries, to inuade England for satisfaction of iniuries, if the King of England had done him any, (for so the King of England hath heretofore inuaded France for iniuries receaued, and might againe hereafter, if by the French the like iniuries should be offerred.) And yet this Clause of the Oath makes the Catholicke to sweare, that the Pope neither by himselfe, nor by any authoritie of the Church or Sea of Rome, or by any other meanes with any other, hath any power or authoritie to depose the King &c. or to anoy him or inuade his countries &c.

30. Another Title of inuading a Princes country or resisting him may be this. If Princes contrary to the Popes commandement, and liking of all other Princes, would call the Moores or Turkes into Spaine, France, or Germanie, and commaund their subiects to assist them; were they bound to obey, or rather were they not bound to resist what they could? And seeing that the bringing of the Moores or Turkes into those countries might bee preiudiciall to all Christian countries, and euen to Christian faith; might not other Princes, especially cōmaunded by their Chiefe visible Pastour, inuade their countries to hinder the entrance of such enemies? And might nor, yea ought not the Emperour, and those [Page 343]Princes subiects, to assist them against their owne Princes for the common good of Christendome? And yet by this Clause we are cōmaunded to sweare that the Pope in no case can authorize subiects or Princes to annoy his Maiestie of England, or any his countries.

31. Wherefore although I will not auerre, that Christian Princes may haue these titles to inuade England, or any part of it, or to make warre, either against the Prince (to whom I wish after long life hete eternity in heauen) or countrie, which is most deare vnto mee; Yet by this it may easily appeare, that it is not so euident, as VViddrington would make it, that this Oath may be taken with such an assured asseueration, and in those so generall termes, Victoria hauing alleadged so many Titles of iust warres, which make this Clause at least doubtfull, and so not to be sworne.

32. Widdr. in Disp. The ol. c. 3. sect. 4. n. 3. VViddrington answereth that in this Clause is not denyed that the Common wealth can depose a Prince, but only is auerred that the Pope cannot either by himselfe, or by the Common wealth, or any other meanes. And (saith he) if the Pope cannot by himselfe, neither can hee by the Common wealth. And this (as he thinketh) he conuinceth by examples. For (saith he) as a stone neither with a man, neither by a man hath power to vnderstand and disoourse, and neither by the Common wealth, nor [Page 344]with the Common wealth can depose a Prince, because it hath no power of it selfe to discourse or depose: so if wee suppose that the Pope of him selfe hath no power to depose a Prince, he cannot by the Common wealth depose him, though otherwife the Common wealth could. And although (saith Widdrington) these examples be not like in all points, because the stone is not capable at all of discoursing or deposing, the Pope is at least capable of Authoritie to depose Princes, if God would giue it him, yet (saith he) if wee suppose that the Pope de facto hath no power to depose, then a good argument may be drawne out of these similitudes. For as the stone cannot by man, or with a man discourse, or depose Kings, because it hath no power of it selfe so to doe: so if the Pope haue no authoritie to depose Princes (as Widdrington supposeth it cannot be, or is not yet sufficiently prooued that he hath) he cannot de facto by the Common wealth depose.

33. But I shall make VViddrington to see by other examples and reason also, how litle these his examples auaile. For suppose the Pope could not depose a Prince by himselfe (as I haue prooued he can) yet he might doe it by a temporall Prince, or the Common wealth, and that also in VViddringtons opinion. This I prooue first by examples. For in the opinion of those Philosophers, who say that no substance is immediately [Page 345]operatiue or actiue, the substance or substantiall forme of fire can not produce fire immediately by it selfe, and yet it can per calorem & siccitatem, by heate and siccity, which are the fires instrument and actiue virtue; and so wee say not only that heate produceth heate, but also that fire produceth heate, though not immediately, but by meanes of the foresaid qualities. So the sunne engendreth metalls and mineralls in the bowells of the earth, and produceth as an vniuersall cause, plantes and hearbes; and yet not by his immediate substance, but by mediation of his light and influences. So the will of man is cause of walking, speaking, and other externall operations, yet not by her selfe immediately, but by mediation of other faculties, which are dependent on her. So a Prince that had neither hand nor foote, or if he had, should vse neither, and so could not kill his enemie, yet might he doe it by his Captaine, if he should commaund him; and if at his commaūd the Captaine should kill, the Prince also should be said to haue killed, yea & to haue bene the principall cause of the murder, though immediately he either could not, or did not strike any stroke. Wherefore VViddrington might haue called to mind, that many tymes an agent may worke an effect by another, which it can not by it selfe immediatly, if the other cause, which it vseth, be dependent of it, or subordinate [Page 344] [...] [Page 345] [...] [Page 346]vnto it, as is to bee seene euidently in the aforesayd, and many other examples.

34. But as touching Widdringtons examples, they are not to the purpose: for no marueile that a stone cannot discourse by, or with a man, a man being not subordinate to a stone, nor any instrument of it; and so as litle marueile it is, that a stone cannot depose a Prince by the Pope, as that VViddrington cannot be said to low by an oxe, bleate by a sheepe, or beare fruite by a tree, here being no subordination or dependence, as there is in the other examples by me alleadged, and in the power of the Prince and Common wealth, which euen by WIDDRNIGTONS confession is dependent of the Popes authoritie, and may be directed and commaunded by it.

35. Secondly, this I prooue by reason grounded in the opinion, which euen WIDDRINGTON himselfe admitteth. Supra cap. 3. sect. 4. n. 3. For in the place alleadged he graunted as probable, that the Common wealth can depose a Prince, though he denieth that authoritie to the Pope. Widdr. in Resp. Apolog. n. 12.13.14.15.16.21.23.27.28. & alibi. And in his Apologeticall Answer he confesseth that the Pope hath authoritie to commaunde a Prince in Temporall matters for the necessarie good of the Church, as to vse his authoritie, and to draw his sword for the necessarie defence therof, and that he may inflict Spirituall censures on him, if he disobey.

36. Now if wee putte this together, we [Page 347]shall finde, that the Pope, euē in widdringtons opinion, may depose a Prince by the Common wealth, although he could not doe it by himselfe immediately: Disp. Th. cap. 3. sec. 4. n. 2. et 3. for WIDDRINGTON graunteth as probable, that the Common wealth can depose a lawfull Prince in case of intollerable tyrannie, for he graunteth that the contrairie opinion, to wit, that the common wealth can not depose a Prince, is but probable, and he confesseth that the Pope being supreame Pastour of the Church may commaund the Common wealth to vse this her Temporall power, when it is necessarie for the conseruation of the Church. [...] And seing that a commaūder is thought to doe that, which another doth by his commaundemēt, and to bee a principall cause of that, of which the cōmaunded is but an executioner; if the Pope commaund the Common wealth to depose her Prince, and she obey her Pastour (as WIDDRINGTON confesseth shee is bound to do) then the Pope in that case shalbe said to haue deposed the Prince, because what the Common wealth doth at his commandment, he is said to doe: [...] yea he in that case is the principall agent and the Common wealth his instrument onely and executioner: But VViddrington graunteth that the Pope may commaund the Common wealth to depose her Prince, ergo he graunteth that the Pope; if not by himselfe immediatly, yet by another, that is, by the Common [Page 348]wealth, can depose a Prince. With what conscience then can VViddrington sweare to that clause of the Oath, which sayth that the Pope neither by himselfe, nor by any Authoritie of the Church, or Sea of Rome, or by any other meanes with any other, hath any power or authoritie to depose the King &c.? seeing that he graunteth that the Pope may commaund the Common wealth to do it, and that euery man is saied to do that, which is done by his lawfull commaundement, he being in that case the principall Agent, and the Common wealth (as is sayed) a subordinate Agent and instrument onely.

37. Pag. 75.76.77.78.79. To this VViddrington in his Newyearesguift answereth, that a commaunder is not a true and proper cause, especiallie when he hath not power to do that which he commaundeth, but onlie a cause per accidens: and so although the Pope should commaund the common wealth to depose their Prince, and they at his commaundement should depose him; yet the Pope should not be sayd to depose him as a true and proper cause, Widdr. in bu Newyearesgift. Pag. 65. n. 7. but onlie as a cause per accidēs. But first VViddrington in this answer seemeth at least to contradict him selfe; for if (as he sayeth) a commaunder is commonlie sayd to do that thinge which is donne by his commandement; it followeth that a commaunder is commonlie counted a cause of that which is done by his commaundement: and so if the Pope should commaund the common [Page 349]wealth to depose a Prince, & the common wealth should depose him at his commaundement, he should be counted by the common conceite of men, a cause of the deposition: and though not by him selfe, yet by an other should commonlie be sayd to haue deposed him. How then can Widdrington sweare against this that is commonlie sayd, to wit, that the Pope neither by him selfe, nor by any authoritie of the Church or Sea of Rome, or by any other meanes, hath any power, or authoritie to depose the King &c. seing that it is probable by WIDDRINGTONS confession, that he may be sayd to haue power to depose a King, in case of intollerable Tyrannie, by the common wealth? Wheras VViddrington affirmeth, that the Pope in this case commaunding the common wealth, should be onlie causa per accidēs, a cause by accident, in that he applyeth onlie the common wealth, which is causa per se, and the true efficient cause; I must first tell him, that euen a cause per accidens is commonlie called a cause; and therfore the theefe who applyeth fier to the house, and is a cause by accident of burning the same, in that he applyeth the fier, which is causa per se of the burning of the house, is sayd commonlie and absolurelie to haue burned the house, and shall be bound to restitution, yea and hanged, and that iustlie also, for burning the house. Wherfore if the Pope in that case should be at least causa per accidens, he should in common speech be counted the [Page 350]cause of that deposition. And therfore if VViddrington durst not sweare, that the theefe neither by him selfe, nor by any other cause can burne a house, if he can by applying the fier that cā burne it; how dareth he sweare, that the Pope can not either by him selfe, or by any other cause depose a Prince, seing that he, by VViddringtons Confession, can by his commaundement apply the common wealth, which is a cause per se, and sufficient for such an effect. Secondlie Widdrington abuseth his tearmes, in saying that a cōmaunder is a cause by accident, for though he be no phisicall cause of the effect, yet he is a morall cause, and in that kinde a principall cause, and a cause per se, which intendeth the effect, and moueth the commaunded as an instrumēt; and the commaunded though he haue not alwaies from the cōmaunder true authoritie (because sometymes the cōmaunder hath none him selfe) yet he hath from him morall influence, and is sayd to worke the effect by vertue of his commaundemēt. And so betwixt the commaunder and the applyer of fier to the strawe, there is great difference: because he that applyeth the fier, giueth no force nor actiuitie to the fier, & so his application is but conditio sine qua non, and he is causa per accidens: but the commaunder sometimes giueth authoritie, and alwayes giueth morall influence and motion, (as doth the principall cause to the instrument) and so he is a principall cause and causa per se.

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38. VVherfore to cleare the matter more I will distinguish three kindes of Cōmaunders. The First is an vnlawfull commaunder. The Second a lawfull Commaunder, who hath Authoritie to commaund one to doe a thing, but can not do it him selfe. The Third is a commaunder, who hath authoritie not onlie to commaūd another, but may also by him selfe do the thinge commaunded, if he will. And these are absolutelie called causes, and causes principall, and per se, though not in the same manner. In the First kinde are comprehended all Lordes or Masters, who commaund theire seruantes, or ministers to kill them, whom they them selues haue no Authoritie to kill. So if a Captaine should commaund his man to kill his enemie, or one that standeth in his way of preferment, or one whose wife or purse he desireth to haue, he is sayd commonlie to be the principall cause, Antonin. lib. 4. tit. 13. part. 7. lib. 5. tit. 15. part. eadē Mercado lib. 6. Sum. cap. 7. Vasq in Opusc. de Restit. c. 9. dis. 1. dub. 3. & the seruant, though he be a physicall cause, yet he is but a ministeriall and instrumentall cause of the murder, and though he haue no true Authoritie from his Master, yet he hath (as I sayd) morall influence, and doth the effect by vertue of that morall influēce, which moueth him. And therfore if any restitution be to be made, he is bound principallie, and in the first place to restore, and his seruant is not bound to restitution but in defect of his Master, who is the principall cause, and gaue morall influence [Page 352]and motion to his seruant: although the seruant also, because he was bound not to obey his Master, shall endure the punishments due to murderers by the law. Hence it is, that D [...]uines and Canonists do affirme; that if the commaunder do recall his commaundemēt before his seruant hath donne the murder, the seruant then shall be the principall and sole cause; because after the commaundement is recalled, he doth the murder of his owne Authoritie, hauing now no morall influence or motion from his Master; and so then he onlie is cause of the murder, not his Master; he onlie is bound to restitution, if any be required, not his Master; and he onlie in the inward courte of Conscience deserueth hanging, not his Master; though the externall courte oftentymes, when it presumeth that the Master did not reuoke his commaundement, will pronounce sentence also against the Master. In the Second kinde is the Confessarius, who, according to the common opinion, in the Sacrarnent of Confession can commaund his pe [...]itent to giue almes, and his penitent is borind in conscience to giue the almes, be it money, bread, corne, or such like goodes, and yet the penitent doth not loose dominion of those goods, though he sinne in not giuing them to the poore, and so the Confessari [...]us can not iustlie take them from him. In the Third kind are Princes who giue authoritie to theire Iudges to cōdemne [Page 353]to death, and by them or others his officers to the hangman, to punish and hange malefactours. Because although it be not conuenient for the Kinges Person to execute any immediatlie him selfe, yet as he commaundeth and giueth authoritie to others, so he might do that acte of iustice him selfe. So the Pope or Bishop, who giue authoritie to others to heare Confessions, might them selues heare Confessions, though because of their other affaires they vse not so to do.

39. This distinction of commaunders supposed, although the Pope had not authoritie of him selfe to depose a Prince, yet if he can commaund the common wealth in some case to depose the Prince (as VViddrington graunteth he can) he should be a true morall, and principall cause of the deposition, because he should not onlie giue morall influence to the common wealth to depose (for that euen an vnlawfull commaunder doth) but he should also giue authoritie to the common wealth: for although the common wealth hath of it selfe Authoritie to depose a Prince in some case, and hath not this Authoritie from the Pope, if the Pope haue Authoritie to commaund, it followeth, that the commō wealth obeying his commaundement and Authoritie, doth depose by his Authoritie. And this, to wit, that the Pope may depose a Prince mediatlie by the common wealth. I prooue out of VViddrington him selfe, who to confirme his [Page 354]owne opinion, which holdeth that the Pope can not depose a Prince, alleageth Ioannes Parisiensis, who writeth thus as VViddrington alleageth him: Apud Widdr, Disp. Th. ca. 3. ser. 3. n. 7. Si Rex est haereticus, & incorrigibilis & contemptor Ecclesi [...]sticae Censurae, porest Papa aliquid facere in populo vnde priuaretur ille saeculari honore, & deponeretur a populo, excommunicando scilicet eos omnes, ad quos spectat regem deponere, qui ei vt Domino obedirent: If a King be an hereticke, and incorrigible, and a contemner of the Churches Censure, the Pope may do some thing in the people, whereby he should be depriued of his secular honour, and be deposed by the people, to wit, by excommunicating all those, to whome it appertaineth to depose the King, who should obey him as Lord. Out of this Aurhour whom WIDDRINGTON alleageth as a fauourer of his opinion, I can easilie deduce that which VVIDDRINGTON denyeth, to wit, that though the Pope coulde not by him selfe depose a Prince, yet he might by the Common wealth. Because if the Pope can not onlie commaunde the Common wealth, but also excommunicate all those subiectes that obey such a Prince, he can compelle them to deny obedience to him, vnlesse they will be separated by excommunicatiō from the Church, out of which is no saluation. If then any one would complayne of that Common wealth for deposing their Prince, and denying obedience vnto him; the people might answer, that the Pope compelled them so [Page 355]to do, and to leaue the King, vnlesse they would leaue the Church: whence followeth, that the Pope in that case should be trulie sayd to haue beene the principall cause of deposition, because he compelled the Common-wealth to depose him: If VViddrington should say to his man, kils such an one, or I will kill thee; who doubteth, but that WIDDRINGTON should be counted the principall cause of murder: wherfore seing that this Authour (whom WIDDRINGTON produceth) sayth, that the Pope may say to the Cōmon-wealth, to whome it appertaineth to depose the Prince; depose your Prince, or I will separate you from the Church by Excommunication, Aug. lib. cont. aduers. leg. & Prophet. ca. 17. serm. 68. de verbis Apost. ca. omnis Christianus 11. q. 3. (which S. AVGVSTINE sayth is a greater euill then to be killed by a sword, consumed by fier, or cast vnto wild beastes to be deuoured) who doubteth but that he should be called the principall cause of the deposition, he compelling the subiectes therunto by so great a punishment?

40. Likewise as a forreine Prince may, and is bound sometimes to defend Innocents, so the Pope may licence and authorize, yea and commaund him so to do, he hauing authoritie, as VViddrington auoucheth, to commaund a Prince in tēporall matters: and if at the Popes commaundement this Prince make warre vpon the Prince that intolerably molesteth Innocents in their faith and Religion (as Victoria in the place [Page 356]before alleaged, saith he may) that which the Prince shall doe against the other tyrannizing Prince in the pursewing of his iust warre, the Pope shalbe said to do, hee being the commaunder, and consequently the principall agent. And yet by this Clause of the Oath, the subiects are commaunded to sweare that the Pope hath no authoritie to authorize any forreine Prince to anoy the King of England, or to inuade his countries. which is to abiure at least a probable opinion as certainely false: which how it can be done with a good conscience, I report me euen to VViddringtons large conscience. But be this spoken to shew the daunger of swearing this Clause, not to giue any scope against Kings or Princes, whome I honour as God his Images, and his Vicegerents in Earth.

The Third Clause.

Also I sweare from my heart, that notwithstanding any declaration or sentence of excōmunication or depriuation made, or graunted, or to be made, or graunted by the Pope, or his successours, or by any authoritie deriued, or pretended to be deriued from him, or his Sea, against the said King, his Heires, or successours, or any Absolution of the sayd subiects from their obedience, I will beare faith, and true alleageance to his Maiesti [...], [Page 357]his Heires and successours, and him, and them will defend to the vttermost of my power against all conspiracies, and attempts what soeuer, which shalbe made against his, or their persons, their crowne, and dignitie, by reason or colour of any such sentence, or declaration, or otherwise; and will do my best endeuour to disclose, and make knowne vnto his Maiestie, his heires, and successours, all Treasons, and Trayterous conspiracies, which I shall knowe, or heare of to be against him, or any of them.

41. Widdr. in Disp. Theol. ca. 4. sect. 1. n. 1. & seqq. Here VVIDDRINGTON insulteth against the learned Cardinall Bellarmine, though the Phoenix for controuersies of this our age. Cardinall Bellarmine (sayth he) Gretserus, and Lessius contend, that by this Clause is denyed to the Pope power to excommunicate, which yet (sayth he) this Clause seemeth to suppose, and the King professeth he had not the intention to denie. But although this Clause seeme to suppose, and the King in wordes seemeth to confesse, or at least not to denie the Pope Authoritie to excommunicate, yet in effect they denie it. For depriuation of Regall Authority being an effect of excommunicating, which ordinarily followeth excommunication of Kings and Princes, in the deniall of the effect, the cause is denied. For as if you should say, A man is not risibilis, you should denie him [Page 358]to be homo; so in denying that the Pope can depriue Princes of their Kingdomes, you denie in effect tha he can excommunicate.

42. Here WIDDRINGTON in his Newyearesgift insulteth against me for saying, as he makes me to say, that depriuation of Regall Authoritie is an effect of Excommunication, as necessarilie following Excommunication, as risibile followeth homo. But if we looke into the matter narrowlie, we shall finde he triumpheth before the victorie, and counteth his chickins before they be hacht. For first if we speake of the power of Excommunication and depriuation (of which I speake but two lines before these wordes at which VViddrington carpeth) I had shewed in the seauenth Chapter before, that the power to excōmunicate which the cbiefe visible Pastour hath, is one and the selfe same power with the power of depriuation and deposition; which one power hath two actes and effectes, the one principall and first intended called actus primarius, and this is Excommunication, or such like spirituall Censure and punishment; the second is depriuation, deposition, and such like Temporall chastisement and correction, which is actus secundarius, a secundarie acte of the Chiefe Pastours spirituall power secondarilie intended when the first will not preuaile. And these two actes are necessarilie belonging to the Popes spirituall power of Supremacie; [Page 359]not that this power must needes alwayes exercise both, or either of them, but because the Pope can not haue this power, but he must haue facultie to exercise them when a iust cause requireth it: and so these two actes being necessarilie belonging to the Popes Supremacie, he that denyeth him power to depriue or depose a Prince, denyeth in effecte that he hath power to Excommunicate, it being one and the selfe same power: because the denyall of an effect necessarilie belonging to a cause, is a virtuall denyall of the cause; euen as to deny that fier can heate, or rarifie, is to deny it to be fier, and to deny a man to be risibilis, is to deny him to be man. Secondlie if we speake of these two actes of this power (although WIDDRNIGTON knoweth that the learned SVAREZ alleaged by him, 2. p. Append contra Suarem sec. 4. affirmeth that the suspension of Kinglie Authoritie is an effect of the acte of Excommunication) I did not say, that depriuation is alwayes an effect of the acte of Excommunication, well knowing that although both these are so necessarilie belonging to the Popes power of Supremacie, that it can not be without possibilitie of exercising them, yet it is in his free choise to exercise either both, or either of them: and so he may excommunicate and not depriue, and he may depriue (as he did King CHILDERIC, [Page 360] See Cap. Alius 15. q. 6. alleaged by me pag. 250. and not excommunicate. And therfore I sayd onlie; that depriuation of Regall Authoritie being aneffect of excommunication which ordinarilie followeth Excommunication of Kinges and Princes, in the denyall of the effect, the cause is denyed &c. where WIDDRINGTON leaueth out those wordes (which ordinarilie followeth) because those wordes would haue made it plaine, that I say not that depriuation is an effect of Excommunication in all Excommunicate persons but in Kinges and Princes, nor alwayes in excommunicated Princes (because a Kinge may be excommunicated and not deposed, and he may be deposed, as CHILDERIC King of Fraunce was and not Excommunicated) but oftentimes and ordinarelie; Cap. Alius 15. q. 6. because the Chiefe visible Pastour vseth not by name to excommunicere a Prince, but he also ordinarilie, especiallie in these later Ages, deposeth him, and for two reasons also: the one because he ought not ordinatilie to proceede to so seuere a temporall punishment before he haue tryed whether the spirituall punishment of excommunicatiō will preuaile: the other, because to excommunicate him, and not to depriue him, were to irritate him and prouoke him to furie, and yet not to take his sword and power from him.

43. And therefore in the Canon Lawe Temporall punishment followeth and accompanieth excommunication as Cap. No [...] [Page 361]sanctorum 15. q. 6. Pope GREGORIE the seuenth holding (as he sayth) the statutes of his Predecessoures, absolueth all those who are obliged by faith or fidelitie to excommunicated persons from their fidelitie. And in the next Chapter which beginneth with the word Iuratos, Pope VRBANE absolueth souldiours from their fidelitie to Count HVGO excommunicated. And in the Decretalles Cap. Ad abolendum de Haereticis Countes, Barons, Rectors, and Consulles of Cities, who will not ayde the Church against heretickes, are excommunicated and depriued, or to be depriued of their former tēporall honour, made vnable and vncapable of all future dignities, and their Landes are Interdicted. And in the next Chapter Vergentes INNOCENTIVS the Third confiscateth the goods of Heretickes. And in the Chapter Si aduersus all Aduocates, and Notaries, who fauour Heretickes, are made infamous, and are depriued of their office. Likewise in the Chapter. Excommunicamus. before cited all Heretickes are excommunicated, and after the condemnatorie sentence are to be chastised with due punishment by the Secular Iudge, and their goods are confiscated: in which Chapter also is to be seene the Decree of the Great Councell of Lateran, which aboue I haue alleaged: And in the same Chapter beleeuers, receiuers, defendours, and fauourers of Heretickes are excommunicated, declared infamous, and [Page 362]vnable to beare office, to make a Testament or last will; and if he be a Iudge, his sentence is disanulled &c. And in the last Chapter of this Title de Haereticis. GREGORIE the Ninth concludeth with these wordes: whosoeuer by any promise howsoeuer confirmed, were obliged to those who are manifestlie fallen into Heresie, let them know that they are absolued from the duetie of sidelitie, homage, and seruice. And Cap. Cum secundum leges de Haereticis in 6. The Pope sayth, that if by the Ciuill Lawe diuers transgressours, which he nameth, be iustlie depriued of their goods, bona Haereticorum (qui grauius, horribilius, ac detestabilius, quam praedicti delinquunt) ipso iure, de fratrum nostrorum consilio decernimus confiscata: the goods of Heretickes, (who more grieuouslie, more horriblie, and detestablie, then the aforesayd delinquents, do offend) we decree ipso iure to be confiscated. Wherfore although that Excommunication may be separated from all temporall punishment, and that the Pope may excommunicate a Prince, and yet not depose him (as INNOCENTIVS the first did excommunicate ARCADIVS whome yet he deposed not) yet seing, that in the Common law Temporall punishment, as confiscation of goods, infamie, and euen absolution from fidelitie to Princes are annexed to Excommunication, and proceede from the power of Excommunication, and ordinarilie follow the acte of Excommunication: [Page 363]I might well say that depriuation of Regall authoritie is an effect which ordirilie followeth Excommunication of Kings and yet say no more then the learned Suarez aboue alleaged, nor then S. 2.2. q. 12 art. 2. THOMAS of AQVIN, where he sayth, that the Prince who hath made an Apostasie and reuolt from the true Christian faith receaued at least in Baptisme, is conuenientlie depriued of rule ouer his subiects, and that quam citò aliquis per sententiam denuntiatur Excommunicatus propter Apostasiam a fide, ipso facto eius subditi sunt absoluti a dominio eius, & Iuramento fidelitatis: so soone as any one by sentence is denounced Excommunicated for Apostasie from faith, ipso facto, at the same instant his subiects are absolued from his Dominion or Soueraigntie, and from their oath of fidelitie. Where it is manifest, that he maketh absolution of the subiects from their fidelitie an effect in some sort of the acte of Excommunication.

44. Put then all this together, to wit, first, that depriuation of Regall authoritie is an acte though secondarie, yet necessarilie appertaining to the Chiefe Pastours spirituall power by which he Excommunicateth; he that denyeth him power to depriue, denyeth necessarilie his power to excommunicate, it being one, and the selfe same power, as aboue is prooued. Secondlie, seing that depriuation, and other temporall [Page 364]punishments aboue related do ordinarilie follow the acte of excommunication, though by a secondarie acte of the Popes spirituall power, as is aboue explicated, he that denyeth the Pope power to depriue, denyeth him also power to excommunicate, depriuation being at least a morall effect euen of the acte of excommunication. This I explicate by homo, and risibilis, not that I auerre as necessarie a coniunction betwixt the acte of excommunication and depriuation, as is betwixt homo and risibilis no example holding in all thinges, but for that as because there is a necessarie, and physicall connexion betwixt homo and risibilis, he that denyeth a man to be risibilis, doth necessarilie deny him to be homo: so because there is a necessarie connexion betwixt the power of excommunication and depriuation, both actes appertaining necessarilie to that power, he that denyeth the Pope authoritie to depriue a Prince, necessarilie denyeth him power to excommunicate, the denyall of a necessarie effect implying vertuallie a denyall of the cause: and because there is a morall coniunction, at least betwixt the acte of excommunication & depriuation, this as before following ordinarilie that, he that denyeth the Pope authoritie to depriue, morallie at least denyeth him power to excōmunicate: which is sufficiēt to make any timorous consciēce feare to sweare that the Pope can not depriue [Page 365]a Prince, especiallie if thereunto be added, that depriuation is a secondarie acte necessarilie appertaining to the Popes supremacie and power of excommunicating, because the denyall of an acte and effect though secōdarie (if it necessarilie belonge to a cause) importeth a denyall of the cause; and therfore not onlie he who denyeth that fier can burne or heate (which is the first acte and effect of fier) but also he that denyeth that fier can harden and rarefie (which are secondarie actes of fier) denyeth it to be fier. And in this sence Lessius, or his Recapitulatour cited by VViddrington sayd, and (whatsoeuer VViddrington sayth) trulie sayd, that Absolutio subditorum a vinculo fidelitatis est effectus, qui sententiam Excommunicationis necessariò consequitur,Widdr. in Disp. Theol. c. 4. n. 4. & 7.& Ecclesiaepraxis per mille ducentorum & amplius annorum spatium commonstrat: Absolution of subiects from the bond of fidelitie, is an effect which necessarilie followeth the sentence of Excommunication, as the practise of more then twelue hundred yeares doth shew; because this Absolution of subiectes from fidelitie, is an acte necessarilie appertaining to the power of Excommunicating, and morallie and ordinarilie it followeth euen the acte of excommunication as we haue sayd, and prooued; and in the same sence the Angelicall Doctour S. THOMAS of AQVIN sayth, 2.2. q. 12 art. 2. that so soone as one is denounced by sentence Excommunicated for Apostasie from faith, ipso facto by the verie facte of Excommunication denounced his subiects [Page 366]are sreed from his Dominion, Rule or Soueraigntie. By which wordes S. THOMAS maketh depriuation an effect of the sentence of Excommunication as much as I did; and therfore either meaneth, that excommunication is a cause of depriuation immediatlie by it selfe, or that Depriuation followeth it in manner aforesayd. And so the acte of Depriuation being at least a secondarie acte of the Popes spirituall Supremacie; to deny that he hath power to depriue, is to deny that he hath power to excommunicate, it being all one power, and consequentlie it is to deny couertlie his spirituall Supremacie.

45. But besides this, all the Argumentes, which I haue alleadged to prooue that the Pope can depose Princes, and all which I haue sayd against the former two Clauses, do manifestly prooue that this Clause wanteth the three companions of an Oath, and so can not lawfullie be sworne. That Iudgement wanteth, it may appeare by that, which I haue sayd in the verie beginning of my examination of this Oath. That it wanteth Veritie, it is as euident, as it is that the Pope can depose Princes. And though it were but probable that the Pope could degrade Princes, yet to sweare absolutely that he can not, were to expose the swearer to daunger of periurie; yea it were to sweare a falsehood, and so to committ actuall periurie. For as it is periurie to sweare as true [Page 367]that which is false, so is it to sweare a thing to be vndoubtedly and assuredly true, which is but probable; because it is false, that that which is but probable, is absolutely, and assuredly true. Wherefore seing that it is false that the Pope cannot in some case depose Princes, Widdr. disp Th. c. 6. sec 3 n. 15. & seqq. and by VViddringtons frequent confession, is at least probable that he can (for he sayth that the Popes, who deposed Princes, followed a probable opinion, and he confesseth that he contendeth not to shew that it is an hereticall or false opinion, Disp. Th. in praef. n. 2. & 3. but onely that it is not de fide tenenda: to be held as a matter of faith) it followeth that this Clause can not besworne, it absolutely and with great asseueration denying the Pope Authority to depose. And although if the Pope should excommuntcate and depose a Prince, a subiect in some case might yet obey in lawfull thinges, because feare of death, or losse of liuings would excuse him, when otherwise it is no scandall, nor no absolute frustration of the Censure to obey him in particular; yet to sweare this in so generall termes, can not be lawfull, as not only my former Arguments, but also euen that, which out of Victoria I haue alleaged, doth manifestlie prooue.

46. That this Clause wanteth also the third companion & condition of a lawfull oath, which is Iustice, is as manifest, because it derogateth from the Authoritie, which the Pope iustlie claymeth, and hath of long [Page 368]time not only possessed, but also practised: and so to sweare this Clause, is to sweare and promise by oath an act of iniustice.

The Fourth Clause.

And I do further sweare, that I do from my heart abhorre, detest, and abiure as impious and hereticall this damnable doctrine and position, that Princes, which be excommunicated or depriued by the Pope, may be deposed or murthered by their subiects, or any other what soeuer &c.

40. This Clause, as it is more plaine, so can it with lesse shew be taken, because the common opinion, which holdeth that the Pope can depriue and depose Princes, is most certaine, as I aboue haue prooued, and at least it is the more common, and being confirmed by so many Argumentes and such Authoritie and practise of holy and auncient Popes; and at least, euen by VViddrington his owne confession, holden as probable; how can any that haue any conscience sweare that it is impious? and how especially can he sweare that it is hereticall and damnable, it neuer hauing beene conby the Church, and defined by Generall Councels, Widdr. in Disp. Th. ca. 6. sect. 2. n. 9. [...]tseqq. as aboue is declared?

47 Widdrington answereth that to make the position here abiured as hereticall, it is sufficient that one part of it be hereticall, to [Page 369]witt, that Princes excommunicated by the Pope, may be murthered. And therefore although it be not heresie to say that Princes excommunicated or depriued by the Pope, may be deposed; yet seing that at least it is hereticall to say, that they may be killed, it being flat against Scripture which forbiddeth absolutely to kill, Exod. 20 1. Reg. 26. especiallie Kings (for who shall extend his hand against the Anointed of our Lord, and shall be innocent?) the positiō abiured must needs be hereticall.

48. That it is sufficient, to make the position here abiured hereticall, that the last part thereof be hereticall, WIDDRINGTON prooueth; because (sayth he) the word (May) when it goeth before the Coniunction (or) signifieth that it is in our free choice and election to do the one or the other, and therefore (sayth he) though the propositton seeme to be disiunctiue, yet it is not an absolute, but a conditionall disiunctiue, aequiualent to a Copulatiue. And so to sweare that it is hereticall doctrine to say that Princes excommunicated and depriued by the Pope, may by their subiects, or any others be deposed or murdered; is to sweare that it is hereticall doctrine to say that after the Prince is excommunicated and depriued by the Pope, it is in the free election of his subiects or others to depose him, or kill him, as they will, which is hereticall; because at least they cannot kill him, as is prooned. And to prooue that this is the [Page 370]meaning of that Clause, he alleageth many examples and manners of speeches, which haue the same sense: as if one should say: You may eate or drinke. You may go by horse, or on soote: The meaning is, you may do of these which you will.

49. But this his Answer (by his leaue) is not sufficient to satisfie anie timorous or rightely fearefull conscience. For first, although sometimes the Coniunction (Or) when it followeth the verbe (may) be taken in the meaning that Widdrington affirmeth, yet not alwaies; yea ordinarily it is taken disiunctiuelie. And so, as to verifie a disiunctiue proposition, it is sufficient that one part of it be true; so to make it false, both parts must be false. As for example, if one should lay a wager, that to morrow it will either raine or snowe, to winne the wager, it is sufficient that it do either; but to make the proposition false, and to cause him to loose his wager, neither must happen, that is, it must neither raine, not snowe. Wherefore seeing that the Coniunction (or) is ordinarily taken disiunctiuelie, and many times also when (may) goeth before it; it remaineth yet to be prooued by VViddrington that (or) is taken copulatiuelie in the Clause alleadged. As for example if one should say: It is hereticall to say that a man may steale or committ aduoutrie, in that proposition (or) is taken disiunctiuelie, and the proposition importeth that it is hereticall to say that a man may [Page 371]either steale or committ aduoutrie: Or (because he may say this is true by reason of the matter not of the forme) if he should say: I derest as heresie that Position which sayth, that a man may be baptized of an Heretieke either lawfullie or validlie, were it not a false and hereticall detestation? and yet by reason of one parte of the disiunctiue proposition, to wit, or validlie. The verie like (as who so marketh shall perceaue) is the proposition alleadged; and therfore it importeth, that it is an hereticall proposition, to say that Prince excommunicated and depriued by the Pope, may be either deposed or killed. Whence it cometh to passe, that the partie who sweareth that Clause, shall sweare that it is hereticall to say that Princes excommunicated by the Pope may be deposed, which notwithstanding is no where condemned as hereticall, yea is decreed by Generall Councells, and practised by many holie and learned Popes, allowed of by common consent, and lastely confessed by VViddrington himselfe as probable.

50. Secondlie, seeing that this manner of speech is often, yea ordinarily taken in a disiunctiue meaning, it maketh this Clause at least doubtfull, whether it also be not taken disiunctiuelie, and so importe that it is hereticall to say that a Prince excommunicated may be deposed. And seeing that no man can sweare a doubtfull thing, least he [Page 372]expose himselfe to periurie in swearing false, and consequently make himselfe guiltie indeed of periurie, because euerie one is esteemed guiltie of that sinne or crime, Eccles. 3. to which he exposeth himselfe, and qui amat periculum, in illo peribit: Ht that loueth daunger, shall perish in it: therfore he can not sweare this Clause, hauing no better assurance for the trueth therof, then as yet Widdrington, or any other can alleadge (which is none at all) and so long, remaining at the least doubtfull and vncertaine. Thirdlie Widdrington in this his explication doth euidentlie eontradict the intētion of the Kings Maiestie, Parlamēt, & Authours of the oath; for their intention (as we haue seene aboue) was to secure the Prince not onlie from killing, but also, & especiallie from depriuatiō, and deposition; partlie because a King ordinarilie would choose as willingelie to be killed, as to be depriued and deposed, he by deposition or depriuation being made of a King no Kinge, but a priuat man; partlie because when he is once depriued, or deposed, he is in daunger to be killed by his subiectes if he persist in gouernment, for then they who holde his deposition to be of force, do holde him as an inuader. So that VViddrington by this exposition making the swearer to sweare onlie that the Kinge excōmunicated cannot be killed, secureth him not from deposition or depriuatiō, no nor from killing, as I haue shewed, and so maketh the oath [Page 373]frustrate, secureth not the Kinge, and contradicteth the Kings and Parlaments intention, which they had in framing, proposing, and commaunding this oath to be taken, therby to secure the King.

51. Fourthlie although for the respect I owe and beare to Princes, and especially to my owne naturall Liege, I will not auerre that Princes persisting in possession and gouernment of their Kingdome, after that the Pope hath excommunicated and depriued them, may be deposed, and killed also by their former subiectes, or any other power or potentate: yet seeing that many do affirme and holde it, whose opinion notwithstanding is no waies censured for hereticall, or so much as temerarious, or erroneous; I do not see how that position, though taken in VViddringtons sense and meaninge, can be abiured as hereticall. I acknowledge that it is condemned as heresie in the Councell of Constance, Concil. Cōstant. sess. 15. to say that quilibet Tyrannus potest & debet licitè & meritoriè occidi per quemlibet vasallum suum vel subditum &c. Euery Tyrant may and ought lawfullie and meritoriously be killed by euerie one of his vasalls or subiects, euen by secret wiles or ambushements, and by craftie enticements and adulations, notwithstanding whatsouer oath or couenant, or without expecting the sentence or commandement of whatsoeuer Iudge. But this is vnderstood of him, who is true King, but gouerneth tyrannically (who can not be killed by any one of his vasalls or subiects) [Page 374]and not of euery Tyrant. For if the Tyrant be an open inuader and vsurper of the crowne without all Title, then (according to the † Vide D. Tho. lib. 1. de regim. Princip. c. 6. Caiet. 2.2. q. 64. a. 3 & Arragon. ibid. Sayr. lib. 7. Claeu. Regiae, cap. 10. uu. 4. & reliquos infra citandos. common opinion) euerie one of the Realme hath iustum bellum, iust warre against him, and so may kill him by way of defence: Yea although the Tyrant haue iust Title, and so be true King, yet if he tyrannize in gouernment, not howsoeuer (for * Rō. 13. 1. Pet. 2. euill Kings must be borne withall and ought to be obeyed) but intolerably, and so as the Common wealth can not consist vnder him, that then, not particuler subiects, but the Common wealth after sufficient admonition, may by common consent, publick authoritie, and publick sentēce depose him. As for example, if the Prince should vniustely kill all his nobilitie, cause their wiues to be rauished, massacre their children, ransack their houses and families, and withall giue their lands and liuings to others, & for no offence also, but out of his owne humour; then (say diuers Authours) the Common wealth, as she made him King (for although some be Kings by succession, yet the first King, as before is declared, if he were lawfull, came to the crowne by electiō of the people) so by the same power, which in case of intolerable tyrannie returneth againe vnto her, she may depose him, and, if after deposition he persist, she may kill him, if otherwise she finde no meanes to resist him. This was the opinion [Page 375]of many of the Zen [...] phon lib. de Tyran. Arist. lib. 2. Polit. cap. 5. & li 5. cap. 10. & 11. Cic. lib. 3. de offic. auncient Philosophers; and this also many Christian Gigas, Paridius de Puteo, & alij citati a Suar. lib. 6. defens. fidei Cathol. c. 4. Lawiers, and learned D. Tho. citat. in 2 d. vlt. q. 2 ar. 2. ad 5. Gerson par. 4 tract. cō tra adulatores, consid. 7. Sotus lib. 5. de iust. q. 1. ar 3. Bannes 2.2. q 64. a 3. dub. 1. § sed quaeret aliquis. Valētia to. 3. disp. 5 q. 8 p. 3. §. si est Tyrannus, Molina to. 4. de iust. tract. 3. disp. 6. n. 2. Tolet lib. 5. Summa, cap. 6 num. 17. Sa in Aphorismis, V. Tyrannus, num. 2. Lessius lib. 2. de iust. & iure, cap. 9. dub. 4. num. 12. Suar. lib. 6. defens fidei, cap. 4. Estius in 2. dist. 44. §. 2 vers. Vtrum verò. Diuines do maintaine. Yea this Disput. Theol. cap. 3. sect. 4 n. 3. VViddrington himselfe dareth not denie▪ for (sayth he) I do not absolutely professe, testifie, and declare that the Ciuill Common wealth hath no power to depose a Prince &c. And if Kings, who were not excommunicated nor depriued by the Pope, may by the Common-wealth be deposed and killed, when they are intolerable Tyrants; why may not the Common wealth exercize the same power ouer Tyrants excommunicated and depriued by the Pope, they after excommunication and depriuation being no more Kings, but priuat men?

52. How then, and with what conscience can any one sweare that he holdeth it in conscience for an hereticall position and doctrine, to say that Princes excommunicated by the Pope, may by him, or any other authority be deposed or killed? Yea in the examination of the second Clause, Supra nu. 14. & seqq. I haue alleaged Titles out of Victoria of iust warre, which a forraine Prince may make against the true Prince in fauour of Religion and Innocencie; which Titles are at least probable, [Page 376]and at least are in no parte of scripture nor Councell condemned as vnlawfull and impious, or hereticall. I demaund then how VViddrington (who holdeth it probable that the Common wealth may depose a Tyrant, and that the Pope may commaūd the Common wealth so to do) with a timorous conscience, or with any conscience at all, can sweare that the Prince excommunicated can in no case, and by no authoritie, nor for no Tyrannie be deposed or killed: yea that it is an hereticall and damnable position to teach it, so many teaching it, whose doctrine was neuer condemned? If Widdringtons conscience can disgest this, what can it not disgest? But VVIDDRINGTON (as he that will make good that which can hardlie be auerred, must needes doe) hath deuised yet two answeres.

53. Pag. 43. 52. 103. The first which hee giueth in his New-yeares-guifte, is in effect this: It is but a probable opinion that the Pope can depose a Prince, and so after the Sentence of deposition or depriuatiō, the Prince deposed hath probable right and Title, and so being in Possession, the Pope cannot iustlie depose him, because better is the condition of the Possessour. Wherefore as it is lawfull to sweare that it is hereticall to say that a man may steale, or kill his neightbour by priuate Authoritie and not in his owne defence, or thrust him out of his owne howse; so it is as lawfull to sweare that it is heresie: to say [Page 377]that the Pope may depose a Prince, it being open Iniustice to dispossesse him, who hath probable right and Title. And if you obiect that it is not against any definitiō of Church or Councell to say that the Pope can depose a Prince, and so cannot bee hereticall: hee answereth that it is against Scripture, which forbiddeth iniustice, and that this is sufficiēt to make the assertiō heresie, which affirmeth it lawfull. But to omit that it is the manner of heretiques to square all by Scripture, and not by the Churches definitiō: this answeare first supposeth it to be an opinion onlie probable, that the Pope can depose a Prince, and yet aboue I haue prooued it, no lesse then certayne by manie Arguments, and by this in particular, that if it were but probable, the Decree of the Councell of Laterane, and the facts of manie holie Popes who haue deposed Princes, should bee all vniust; which with what modestie Widdr. can graunt, I reporte mee to all modest Catholickes. And if it bee certaine that the Pope can depose a Prince, then it is not probable, that the Prince deposed hath probable right, but rather it is certaine he hath not, and so Possession without probable Title being not sufficient (for that euen theeues haue such possession) it followeth that the Pope may depose a Prince without all iniustice, and so it cannot bee an heresie to teach that the Pope can depose a Prince, and consequentlie that position can not bee [Page 378]abiured as heresie. Secondlie the power to depose, and the exercise of this power being two things (as aboue wee haue seen) in so much that one may haue power and yet can not lawfullie exercise it, nor some tymes validlie; and this clause of the oath not cōmaū ding onlie to sweare, that the Pope can not lawfullie depose, but absolutlie that hee can not depose, how can Widdrington without remorse sweare absolutelie, that it is an heresie to say that the Pope cā depose a Prince.

54. His second answeare which he hath in his Theologicall disputation, Disp. Th. c. 5. n. 28 Newyearesguifte pag. 105. as also in his Newyeares-guifte, is this; to witt, that the aduerbe sicut, as, may heere onlie signifie a similitude and not equallitie, or identitie: and so the sense is, I doe from my heart abhorre, detest, and abiure as impious, and hereticall, that is not as a positiō with is heresie, but which hath such affiniitie or similitude with heresie and errour, that the Pope might declare it heresie if hee would. As, saith hee, if one should say I detest him as a deuill, I loue him as my brother, he doth not therefore affirme him to be truelie a deuill, or trulie his Brother. And when S. GREGORIE saith, Lib. 1 ep. 24. that he receaued the 4. Generall Councells as the 4. Gospells: and when Christe said Marc. 15. Be you perfitt as your heauenlie father is perfitt. S. GREGORIE did not receiue those Councells as trulie scripture, nor did Christ Counsell vs to bee trulie as perfitt as our heauenlie father. But first this Sillie answere sheweth [Page 379]to what Shifts VViddrington is driuen. For first the King and Parlament doe hold it as a position truelie hereticall that the Pope can depriue, or that the Subiects can depose & kill him whom the Pope depriueth: and so it is most like that in this Clause they intend that the swearer should abiure that position as truelie hereticall. Secondlie those protesting, execrating, and thundring wordes: I doe further sweare that I doe from my heart abhorre, detest and abiure as impious & hereticall this dānable doctrine and positiō &c. doe argue that the swearer detesteth that position as in deede hereticall, impious, and damnable; otherwise, if after so great wordes of abiuration hee should abiure it onlie as approching or something like to heresie, wee might say, parturiunt montes nascetur ridiculus mus. neither are VViddringtons examples to the purpose, because it being euident that hee whom wee detest as a deuill, can not be trulie a deuill, and that hee whom wee loue as our brother, can not bee our true brother; it must needes signifie onlie similitude not equalitie; but seing that it is not euident in terminis, as the former positions are, that that position can not bee heresie, and that the Authours of the oathe doe hold it for heresie, it followeth that in this place (as) must signifie equalitie or identitie, not similitude: Newyearesguifte Pag. 106. as VViddrington in his Newyeares-guifte confesseth that sometimes it doth in regard of the matter; And so by this Clause wee are to [Page 380]abiure that Position, not as like to heresie, but as all one with heresie, & trulie heresie. Thirdlie it is at least doubtfull least this may bee the sense, to witt, that the position is truelie heresie, speciallie seing that the wordes and manner of speeche (as WIDDRINGTON confesseth) are to bee taken in the Common sense, and according to the Lawemakers intention, ergo this is a clause, not to bee digested by anie tymerous conscience, nor by any other, then by an all deuouring conscience.

The Fift Clause.

And I do further beleeue, and in conscience am resolued, that neither the Pope, nor any person whatsoeuer hath power to absolue me of this Oath, Sayrus in Claui Regia li. 6. ca. 11. n 7. Lesfius li, 2. de iust. et iure cap. 40. dub. 17. num. 114. Arragon. 2.2. q. 88. art. 10. in expl. art. §. his cō stitutis Psal. 75. or any part thereof.

55. In this Clause first is abiured all power to dispense in oathes and vowes, which is hereticall, it being a matter of faith conformable to common consent and to the Canons and practise of the Church, that the Pope can dispense in oathes and vowes, when there is iust cause. And if in other oathes, why not in this? VViddrington perchaunce will answere, that this Oath of Alleageance bindeth by law of God and Nature, in which the Pope cannot dispense. But he cannot be ignorant that all oathes and vowes do bynde by law of [Page 381]God and Nature, according to that: Psal. 75. Vouete & reddite: Vow and render. And yet if hee will be a Catholicke, he must confesse, that the Pope can, and often times hath, and doth dispense in some oathes and vowes, as in a vow to make a longe pilgrimage, or to giue a summe of mony to a Church or Monasterie, which are temporall things, though ordained to a spirituall end: and why then can he not dispense in this for a good end, to wit, conseruation of faith, and vpon iust cause, as certes, if euer there be iust cause to dispence, then there is, when the Prince with intolerable Tyrannie persecuteth faith and Religion?

56. And therefore VViddrington should call to minde that distinction, which Diuines vse in this matter, to wit, that there is duplex ius dininum naturale, Sanchez lib. 2. de matrim. disp. 14. n. 5. ad 4 & lib. 8. disp. 6. n. 1.a two fold diuine and naturall law or right. The one is absolute, deriued onely from God and Nature: the other supponit factum, vel voluntatem humanam, that is supposeth some fact, or will of man. Of this sorte are oathes and vowes, which binde not absolutely, but only supposing some fact or will of ours, by which wee sweare or vowe what otherwise we needed not. And although in all such things the Pope cannot dispense (for he can not dispense in matrimonie consummated, nor in matrimonie betwixt brother and sister, nor in pluralitie of wyues, which yet suppose some fact or will of ours) yet he can dispense in vowes, [Page 382]especiallie simple, yea and in those that be solemne also, as many Diuines do probablie holde: He can also dispense in oathes alreadie made, when there is iust cause; for seeing that these vowes and oathes suppose our free will and consent, and are such also, as it is expedient that the Pope many times should dispense in them (such as is not matrimony consummated, nor mariage betwixt brother and sister, nor pluralitie of wiues, because if once dispensation in these were graunted, it would occasion many fornications and aduoutries, Sanchez lib. 2. de matrim. disp. 13. n. 11. lib. 7. disp. 52 n. 11. & disp. 82. num. 9. Vide etiā Bellarm li. de matrim. ca. 10.16. & 28. as Sanchez and others obserue) it was necessarie that CHRIST should leaue such power to his Church, and especially to his Chiefe Vicaire, the Pope, by which he might take away the obligation of these oathes and vowes, which in some circumstāce of times and persons can not so easily, nor so conueniently be fulfilled and obserued. So that to sweare that the Pope hath no Authoritie to dispense with a subiect in his Oath, by which he hath sworne fidelitie to the King, where as notwithstanding, when the King is an intollerable Tyrant, there is good reason, In Disp. Theolog. ca 6 sect. 1. n. 2. and iust cause of dispensation, were in effect (what soeuer VViddrington affirmeth) to abiure all Authoritie of the Church in dispensations. For although it be no good Argument to argue à particulari ad vniuersale, and to say, The Pope can not dispense in this Oath, ergo in none: yet when there is the [Page 383]same reason of the particular, which is in the vniuersall, then to deny the particular, were to deny the vniuersall. And therefore as to say, Peter (who is a man as well as others) is not risihilis, were in effect to say that nullus homo est risibili; so seeing there is the same reason of this Oath to Wards the Prince, which is of other oathes, he that denieth that the Pope can dispense in this Oath, denyeth also in effect that he can dispense in any oath at all.

57. This power, which the Pope hath in dispensing in this Oath, I confirme by all that, which aboue I haue alleaged to proue that the Pope can depose Princes, and absolue subiects from their alleageance, and euen by the power of binding and loosing, Mat. 18 which though ordinarilie it be vnderstood of loosing from sinnes and censures, yet it is also extended to absolution from alleageance, when it is necessarie to the Churches conseruation (as aboue I haue shewed) not only by Cardinall Bellarmine, whose aythoritie VViddrington should rather reuerence then contemne, but also by auncient Popes, whose testimonies in this kinde ought to counterpoize all contrarie asseuerations, they being in a matter of so great importance vndoubtedly illuminated by the spirit of trueth, and deliuering the right sence of the Holy Ghost, as his Chiefe and infallible interpretes.

58. To this WIDDRINGTON answeareth, Disp. Th. cap. 6. [Page 384]graunting that although the Pope cannot dispense in iuramento assertorio, (of which noe man doubteth) yet he may in iuramento promissorio, a promissorie oath, because the thing which we promise for the future tyme, may prooue hurtfull or vnlawfull. And seing that the things promised for the future tyme in this Clause are three. 1. That I will keepe fidelity and obedience to the King and his heires, notwithstanding excommunication or depriuation; 2. That I will defend him and them with all my forces against all conspiracies made against them and theire Crowne and dignitie. 3. That I will reueale all such treasons and trayterous cōspiracies &c. He sayth I may as safelie and securelie sweare without all daunger of periurie, that I will doe all these three things, as I may sweare without daunger of periurie, that the Pope can not depriue a Prince. But out of these wordes of WIDDRINGTON, I will frame this argument against him selfe: I can noe more sweare these three thinges, then I can sweare without all daunger of periurie, that the Pope can not depriue a Prince: but I can not without daunger of periurie sweare, that the Pope cannot depriue a Prince, ergo I cannot sweare these three things without daunger of periurie. The maior proposition is WIDDRINGTONS, the minor I haue often prooued, because itis at least probable, euen by WIDDRINGTONS confession, [Page 385]that the Pope can depriue a Prince; and if it be probable that he can, it may be true, if it may be true, there is daunger of periurie to abiure it: and so the Conclusion followeth, to wit, that I cā not sweare these three thinges without daunger of periurie.

The Sixt Clause.

Which Oath I acknowledge by full and lawfull Authoritie to be proposed vnto me, and do renounce all pardons and dispensations to the contrarie.

59. In this Clause the swearer acknowledgeth that this Oath is proposed by full and lawfull authoritie, which notwithstanding is not at least so certaine a thing, as that a man may sweare it. For although the Magistrate haue authority to propose an Oath of meere Ciuill alleageance vnto lay subiects; yet he hath not anthority to propose such an Oath as this, which (as I haue prooued) containeth so many thinges not to be sworne, and so much derogateth to the Authoritie of the Pope, which for so long a time he hath possessed and practised. And especially the Magistrate can not pronose this Oath to all sortes of people, seeing [...] can not be without morall daunger of periurie; much lesse can he propose it to Priests, whose Ecclesiasticall immunitie freeth them from Magistrates and Temporall Iudges interrogations, and Tribunals, Ca. qu [...] quam, de Censibus in 6. Ca. aduersus & cap. non minus, de Immunit. Eccl. [Page 386]and who only are to be examined by their Bishops and Ordinaries, and by them to be punnished when they offend, and not by any Temporall Iudges, vnlesse the fault be so great, that the Bishop thinketh it meet to degrade the delinquent, and to deliuer him to secular power. And so it being a thing at least verie doubtfull, whether the Prince and Magistrate haue authority to propose such an oath; yea it being euident that they cannot, because (as aboue is prooued) it is euident that it containeth many things, which are against faith, and Authoritie of the Church and Councells: the Prince and Magistrate can haue no authoritie at all, much lesse full and lawfull Autho itie, to propose this Oath. And so neither can this Clause be admitted.

60. Adde to this, that, what soeuer VVIDDRINGTON saith, the King and Parlament by this oath, do take vppon them to decide what power the Pope hath from Christe the Authour and S. Peter the Popes first Predecessour: for what is it other to determine and decide a question, then to declare, that one parte of it is to bee beleeued and followed, towitt that the Pope cannot depriue or depose a Prince, and that the contrarie is to bee abiured as impious and hereticall? And if anie Doctour of the Church should define this question or anie other, how can he determine more playnlie and resolutelie. As for Example the [Page 387]Church defineth, that there are 7. Sacraments and pronounceth Anathema against the contrarie opinion which saith there are but two or not. 7. Doth shee not in this define the question? Euen so our Prince and Parlament by this oathe haue decreed, that the Pope can not depose or depriue a Prince, and they oblige the Subiect to sweare this parte, and to abiure the contrarie as heresie. Is not this then to determine?

61. Whereas Widdrington alleageth, Disp. Th. c. 7. n. 11 that the facultie of diuinitie in Paris and Mentz, doe oblige those that are to proceed Doctours, not to teach or preach publiquelie, that our B. Ladie was conceiued in originall sinne, and yet doe not define the controuersie; this maketh rather against him; for they also doe in this define, and though not absolutelie, yet as much as by theire authoritie they can; and therfore they doe not oblige their subiects to abiure as heresie the contrarie opinion of the Thomists, for that were absolutelie to determine, and to arrogate the Popes authoritie: wherefore seing that the King and Parlament doe oblige Catholickes to abiure as heresie, and vnder the penaltie also of a Premunire, that the Pope cannot depriue or depose a Prince, it followeth that they absolutelie determine of such a spirituall proposition and matter of diuinitie, & against the Practise of manie Popes, and against the decree of the Lateran Councell; and so in this they Challenge to [Page 388]them selues the Popes or Churches Authoritie, to which it appertaineth to define what is heresie; and consequētlie to sweare that this oathe is proposed by lawfull Authoritie, is to sweare in effect that the King and Parlament haue spirituall Authoritie, and that the King is supreame Head of the Church of England, and hath Authoritie to define what proposition is hereticall. At least this Argument maketh it doubtefull least this Clause importeth thus much, and so is not to bee sworne.

The Seuenth Clause.

And all these things I do plainlie and sincerelie acknowledge and sweare according to the expresse wordes by me spoken & without any equiuocation, or mentall reseruation whatsoeuer. And I do make this recognition and acknowledgment hartilie, willinglie, and trulie, vppon the true faith of a Christian. So helpe mee God.

62. Diuines affirme that the guiltie, D. Th. 2. 2. q. 69. a. 1. Caiet. ibid. Henric. quodl. 1. q. 44. Petrus Nauar. li. 2. de restit. or supposed guiltie, is not lawaies bound to answer according to the Iudges meaning and intention, if the Iudge do not make his interrogations iuridicallie. The same Diuines affirme that a Iudge doth not make his interrogations iuridicallie, when he questioneth about any secret thing, of which [Page 389]there is not some fame, cap. 4. n. 136. Lessius lib. 2. de iust. & iure cap. 31. dub. 3 & alij. Vide cap. qualiter & quando, & ca. Inquisitionis, d [...] Accusationibus. or report against the supposed guiltie; or when he examineth things, which pertaine not to his Court, but rather to the spirituall Court; or when there is not semiplena probatio, or sufficientia indicia, or when the supposed guiltie knoweth him selfe innocent, for then he is not bound to answer according to the Iudges intention, but may equiuocate. Likewise when he knoweth him selfe innocent, and yet if he confesse the circumstance, which is demaunded, he should be presumed nocent, he may denie it with an equiuocation. As for example, if one had been present when his companion, without his consent, killed another, if the Iudge aske whether he was not present, he may denie it, meaning he was not so present, as to consent or cooperate, for if hee should confesse that he had bene present, he would be presumed to haue consented or cooperated, & so should be vniustly condemned. Adde heereunto that the same Diuines affirme that we are not bound to answere according to the Iudges meaning, Caietan. & alij supra citati. when the person interrogated, doubteth whether the Iudge hath Authority, or proceedeth iuridicallie, and according to forme of lawe and equity.

63. All which beeing so, this Clause of the Oath is verie hard; for notwithstanding (as we haue seene) that it is certaine that the Prince and Magistrate haue not Authoritie to propose such an Oath, which containeth [Page 390]so many things vnlawfull to be sworne, and which so derogateth frō the Popes lawfull Authoritie, as also from Councells, and the practise of the Church, and which besides that, pertaineth not to the Temporall Court and Tribunall; yet this Clause bindeth the subiects to answere, and sweare without all mentall reseruation, yea to sweare that hartily and willingly they take this oath, whereas most of meere feare, and altogether against their wills and conscience take it, and cannot depose their conscience, or thinke that the Oath is lawfull.

64. Disp. Th. ca. 8 and Newyearesguifte cap. 8. Widdrington answereth that this clause dependeth of the lawfullnes and iustice of the oath, & seing that the oathe containeth noe iniustice nor falshood (as he saith hee hath prooued) it followeth that in this Clause there is no difficultie. But because the wordes indeede doe imply, that wee sweare all that goeth before, hee vseth much arte to make this Clause speake, not to the Authours, but to his owne minde. For whereas these wordes: And all these things I doe plainlie and sincerelie acknowledge and sweare according to the expresse wordes by me spoken &c. doe importe, according to the Common manner of speaking, and vse of wordes, that I not onlie sincerelie acknowledge, but also doe sweare (the coniunction (&) and being copulatiue) yet VViddrington contrarie to his rule taken out of Suarez for the interpretation of the lawe, Disp. Th. c. 1. sec. 2. which in this and [Page 391]other things hee leaueth at his pleasure; saith that the worde (Sweare) is not to bee referred to the former woordes (and all these things) but to the wordes plainlie & sincerelie. As if the sense were not this; I doe plainlie and sincerelie both acknowledge and sweare all which I haue spoken and auerted in this oath; but this: that which I haue acknowledged I doe plainlie & sincerelie acknowledge, and that which I haue sworne, I doe plainlie and sincerelie sweare. And this expositiō hee putteth, because in diuers partes of the oath (as he auerreth) the swearer declareth and sweareth not the thing, as for Example, that the Pope can not depose a Prince, but onlie what his opinion is. And this interpretation, he prooueth by conferring this last Clause which the first. But first VViddrington herein goeth from his rule of interpreting, which is that the wordes of the Lawe, vnles some other circumstāce hinder, ought to bee taken according to the common vse of wordes. For who reading or hearing these wordes, And all these things I doe plainlie and sincerelie acknowledge and sweare according to the expresse wordes by mee spoken, would not by & by vnderstand, that he not onlie acknowledgeth but also sweareth all these things by him spoken? And as VViddrington prooueth his interpretation by conferring this last Clause, which the first and second, so will I prooue myne by the same conference.

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65. The first and second Clause then are these: I. A. B. doe trulie and sincerelie acknoweledge, professe, and testifie in my Conscience before God and the world, &c. And what doe I acknowledge Professe and testifie? that I acknowledge and testifie? that were to confound & make all one the acte of swearing and the obiect of swearing, or the thing sworne. What then doe I acknowledge, professe and testifie? That which followeth, to wit, that our Soueraigne Lord King IAMES is lawfull and true King of this realme &c. And that which followeth in the second Clause, to wit, that the Pope neither by him selfe, nor by anie Authoritie of the Churche or Sea of Rome, or anie other meanes with anie other, hath any Authoritie to depose the King. In these two Clauses, as euen here and aboue I haue prooued, is not protested nor sworne what the swearer thinketh for that present, because according to WIDDRINGTONS rule, that is not the playne sense of the wordes, and for that (as aboue also I haue shewed) that would litle secure the King (because he that sweareth may afterwardes chaunge his opinion and yet not contradict this his former Oath:) but the swearer testifieth in his Conscience before God and the world that the Pope cannot depose the King. Nowe let vs heare the last Clause: [...]. And all these things I doe plainlie and sincerelie acknowledge, and sweare, according to the expresse [Page 393]wordes by mee spoken, and according to the plaine and Common sense, and vnderstanding of the same woords, without any equiuocation, or mentall reseruation whatsoeuer. And seing that amongest all these things, this is one, to wit, that the Pope can not depose King IAMES, that also is acknowledged and sworne. And for as much as this Position, that the Pope can not depose a Prince, is false, as I haue prooued, or at most is but probable, and therefore in controuersie as VVIDDRINGTON aboue confesseth, he that sweareth this Clause exposeth him selfe to periurie: because if it bee but probable that the Pope can not depose a Prince, the contrarie, to wit that the Pope can depose a Prince is probable, and if it bee probable it may be true, and so to abiure it by oathe, is to expose the sweater to euident daunger of periurie. I say euident daunger; for there is euident daunger of periurie where there is euident probabilitie that the thing Sworne may be false, but so it is in our case, ergo.

66. This I thought brieflie to say for examination of this Oath, and some instruction for the subiects, especiallie Catholicks, to whom this Oath is proposed. And because I haue at large in the former Chapters prooued the Principall obiect, & thing, which this Oath abiureth, to wit, [Page 394]that the Pope can in some case depose Princes, I referre the Reader to those Chapters, and withall to the whole Treatise for his fuller instruction and satisfaction in this matter; which if he peruse, I doubt not, but partlie by this examination, partelie by the former Chapters, he shall see how vnlawfull this Oath is, and what iust cause the Chiefe Vicaire of CHRIST, S. PETERS successour, PAVL by the grace of God, the fift, who now raigneth, and sitteth at the sterne of S. PETERS ship, had to forbid by his Breues this Oath, as containing thinges, which cannot be sworne without most euident and greeuous wronging of Gods Honour: and which are flat contrarie to faith and saluation.

67. Litle socuritie giuen by Widdr. to the King. But now it shall not be amisse to obserue what securitie Widdr. by his Explicatiō of the Oath, hath procured to the King. His intention was by this fouourable Explication, to make the world to see, how Loyal and faithfull a subiect he is, whoe exempteth his Prince in Temporalities from all subiection to the Chiefe Pastour, and what securitie he procureth to his parson, he hauing (if his doctrine may goe for currant) cut of all occasions of conspiracies and attempts of subiectes; the Prince by VViddrington being placed so high aboue the reache, so farre out of the Sphere of actiuitie of the Chiefe Pastours Authoritie, that neither Pope nor Church can touch his crowne, or meddle which his Regalitie, by way of depriuation. [Page 395]Yet if wee marke what hath been sayd by VViddrington in the deliuerie of his opinion and explication of the oath, wee shall finde that he hath much iniured the Chiefe Pastour in wresting from him (as much as in him lyeth) that authoritie which not onlie many his Predecessours holie and learned, but also diuers Councells euen Generall haue practised, and which the Christian world many hundred yeares hath approoued: and yet hath litle, or not at all, secured the Kings person, or assured vnto him his Crowne and Scepter.

68. Widdr. in Apol. n. 92. & 197. Disp. Th. ca. 3. sec. 4. n. 3. For first he Confesseth in diuers places of his bookes (as wee haue Seene) that the Pope can commaund the Prince or cōmon wealth to vse or not vse the material sword; he admitteth also as probable, that the common wealth can depose the Prince in case of intolerable Tyrannie; and consequentlie when the Pope shall Iudge a King worthie deposition, he may according to VViddrington cōmaund the Common wealth, vnder payn of Excommunication, to depose the Prince, and to depriue him of Regall Authoritie. Wherin whoesoeth not, that he as litle secureth the Prince (which yet was intended by this oath) as they whoe hold, that the Chiefe Pastour, can in some case depriue a Prince. Because it is in effect all one daunger to the King, whether he bee deposed by the Popes peremptorie commaundement, or by his own immediat Authoritie.

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69. Widdr. Disp. Th. in praef. n. 2.3. & Respons. Apolog. praef. ad Lectorē n. 8.9. et Disp Th. c. 6. n. 15 & seqq. Secondlie Widdring. affirmeth that it is but probable that the Pope can not depose a Prince, and consequentlie that it is probable that he can; and that therfore the Popes who haue deposed Princes, followed therin a probable opiniō: wherby he giueth as litle securitie to the Prince, as by his former assertion. For after that VViddrington shall haue persuaded the Kings subiect, that it is probable that the Pope can not depose the Prince, hath he assured the Prince of his Subiectes fidelitie? nothing lesse, because this subiect with his probable opinion hauing neither euidence nor certaintie, but onlie a probable opiniō which bringeth but a shewe of truth, and that ioyned with feare & vncertaintie; may vpon the least discontentment, or probable reason alleaged by others of the contrarie opinion, alter his opinion, it being not wel grounded; and so the Prince shall haue no more assurance of him, then hath the mariner of the wind in march, or the fisherman of a wet eele holden by the tayle. Which also I confirme, because the nature of a probable opinion is such, that it giueth free libertie to follow it, or the contrarie, that also being probable, & therfore in speculation wee may thinke, in practise wee may follow not onlie one probable opinion, but also the contrarie, that also being probable. whence followeth that if the Subiect heare of VViddrington, that his opinion, which holdeth that the Pope [Page 397]can not depose a Prince, is but probable, he will choose the contrarie, if it be for his purpose, or please more his humour; and so will easilie condescend to thinke that the Pope can depose a Prince. What securitie then giueth VViddringtō to the Prince, whose securitie dependeth but on a probable opinion, as mutable as a rottē sticke is brickle, or a weather cock wauering and turning. And what securitie from periurie hath the Subiect to sweare absolutlie that which is onlie probable, and which consequentlie may be false?

70. Thirdlie VViddr. as wee haue also seen, Widdr. Disp. Th. c. 2. sec. 2. n. 3. &c. 3. sect. 2. n. 3. byndeth the Subiect to sweare, not that the Pope can not depose a Prince, but onlie that he thinketh in his conscience that he can not; and seing that this thinking is but a probable conceite and opinion; the subiect after he hath sworn what he thinketh may, easilie chaunge his opinion, and yet commit no periurie, he swearing onlie what then he thought, not what he would thinke hereafter.

71. Widdr. Disp. Th. c. 6 sec. 2 nu. 8 & seqq. Fourthlie Widdrington explicating that fourth Clause of the oath: And I do further sweare that I do from any heart abhorre, detest, and abiure as impious and hereticall, this damnable doctrine and position, that Princes which bee excommunicate or depriued by the Pope, may be deposed or murthered by their subiectes, sayth, that to make that position impious and hereticall: it is sufficiente if one parte of it, to wit, that Princes depriued may [Page 398]be murdered, is impious and hereticall; And so by his explication the Subiect sweareth onlie in that Clause, that the Prince excommunicated, can not be murdered, and therfore he secureth the Prince onlie from killing, not from deposition; and consequentlie his explication contradicteth the intention of the King and Parlament, which was to secure the Prince not onlie from killing, but also, and especiallie, from deposing: partlie because a King had as leaue be killed as deposed, he by deposition being made a priuat man, and of a King, noe King; partlie because a King deposed, is in daunger, if he persist in gouernment, to be killed by his Subiects, who, if they approoue the sentence of deposition, hold him noe more for their King. And so VViddrington maketh the Oathe frustrate, and secureth not the King either from deposition or killing.

72. Whence it followeth that Widdrington hath done ill offices to the Chiefe visible Pastour, in endeuouring to wrest from him that authoritie, which he hath practised many hūdred yeares: & yet hath done noe good office or seruice to the King, hauing not secured him from daunger of deposition, if ther were any daūger. I say, if ther were any; for although, as some politians will continuallie busse into their Princes eares conspiracies, plots, and treacheries, that they may be thought carefull subiectes and necessarie about the Kinges person, so WIDDRINGTON [Page 399]maketh shew of many bugbeares & Scarrcrowes of daungers hanging ouer the Kinges head by reason of this Catholique Common opinion by mee and others euen the most learned, defended, so to insinuate him selfe for a zealous subiect: yet if wee looke better into the matter, wee shall see, that all this is but a needles feare, & that ther is morallie no such thing to be feared. And therfore Catholicke Kinges notwithstanding this opinion which they approoue, do not therfore think thē selues in lesse securitie. But he will saye that our Soueraigne being of a contrarie Religion, hath iust cause to feare. Let him then write bookes to perswade his Maiestie to be a Catholique, and therby put him out of this pretēded feare. Yet suppose he neither will nor can perswade that; I deny that there is any such daunger, as WIDDRINGTON maketh shewe of. For bee it (as in deed it is) that the Pope can in some case depose a Prince, as when he is incompatible or intolerable for his spirituall tyrannie; yet that case happeneth seeldome, and when it happeneth, he often tymes ought not depose him, as if hee forsee more hurte then good will ensewe theron; & he must giue the Prince warning and admonition, before he pronounce sentence of Excommunication or deposition; to which if the Prince harken, the Pope can proceed no farther. And if his admonition be contemned, he must not with out [Page 400]Counsell, actuallie excommunicate, or depose him, to which perchaunce, his Counsellers will not aggree: and if both he, and they aggree to haue him deposed, yet the particular Subiectes can not put the Prince out of Possession; onlie the Cōmon wealth, or publique Authoritie hath such power; which yet the Common wealth can seeldem exequute, and is not bound alwaies to execute, but may still obey the Prince Excōmunicated & deposed in lawfull thinges, if by disobeying him, any notable daunger is like to be incurred, as I haue shewed aboue in the thirtenth Chapter. And seing that these Circumstances do seeldome all meet, deposition of a King is rara auis in terris, and the exequution of the sentence of deposition is yet rarer, and consequent lie not so much to bee feared, as VViddrington would haue it. And therfore VViddrington, if he intēd reallie to secure the Prince, should not defend the Oathe, as hetherto he hath done, but rather perswaded the Prince to take it quite a waye, ther being perchaunce some daunger to him in vrging an odious oath apte to breed alienation in the subiectes myndes, and no morall daunger at all (as I haue shewed) in not vrging it at all; the sentence of deposition of a Prince being a rare thing, and the exequution of it farre rarer. Heere I might conclude, but that I haue a word or twoe to say to Widdrington vpon occasion of his Newyeares-guifte, and as [Page 401]much to the Catholique subiectes concerning their obedience to the King, and lastlie to his Maiestie concerning his confidence which he may securelie put in them.

73. WIDDRINGTON, as it is thought, A freindlie Admonition to Widdringtō. masqued with the lettres E. I. in the beginning of the last yeare, presented the Catholiques of England with a new Explication of the Oath, or rather with an old made new, and offered it vnto them as a Newyeares-guift of no smal price and valew, as by which (as he sayth) they may be more fullie instructed, then they haue been by I. E. the Authour of the Prelate and Prince; whose explication of the Oathe, he auoucheth to the Kings most Excellent Maiestie, to bee Pestiferous. But as for his Newyeares-guift, Ep. ad Regem. it being cēsured in other his bookes by his Chiefe Pastour, the Catholique hath iust cause to saye:

Quicquid id est, timeo Danaos, & donae ferentes:

What euer it is.

L. 2. Aeneid.

I feare the Greeks and bringers of such guiftes.

And as for my Explication, I can assure the sayd English Catholiques, that it is, and was allowed by the same Superiours, who haue censured and condēned Widdringtons, and it is grounded in the practise of sacred Councells and holie and learned Popes, our Chiefe visible Pastours, and it is countenaunced by all the grauest and lernedst diuines, doctours, & writers, as I haue shewed in the eleuenth, twelfe, and thirtenth Chapters, and as VVIDDRINGTON him selfe [Page 402]knoweth, who confesseth that the opinion which holdeth that the Pope can in some case depose a Prince, is more Common, and consequentlie more probable: wheras WIDDRINGTONS Authours, either stand against him, or are not of Credit in a matter of Diuinitie, or are of cracked credit, being censured and condemned in the Index of forbidden Authours. And therfore wheras he vaunteth a litle to much for one of his Cōditiō and Quil [...]ie, that I shall shortlie heare with shame enough (bona verba quaeso) what goodlie instruction I haue giue; I desire him to take heed least he shame him self, as he hath to much alreadie, and more then I, or other his friends desire: as for mee, I will not be ashamed of my Explication of the Oath, it being conformable to the aforesayd Authoritie; let scādalous or censured opinions and Authours blushe and shame to appeare in publique, nihil veritas erubescit (sayth Tertullian) nisi solummodo abscondi, Tertull. lib cont. Valent inianos in initio.truth blusheth at nothing, but to be hidden. As for VViddringtons tauntes, bitter, irreuerent, and immodest speeches, which he bestoweth to liberallie euen on the grauest and learnedst writers and Prelates of this age; let not VViddrington thinke that they esteeme them or regard them. Such speeches may disgrace him selfe, but not thē: rather they will therby gather (as Catholickes commonlie doe) that such lauish languages sauour litle of the spirit of an humble, modest, and Catholique man, [Page 403]as Widdrington hath been esteemed, and still desireth to be reputed. Wherfore not intending to contend with him in that kind, nor to render euill for euill, but as true Catholiques ought to do, good for euill: out of the ancient good will I haue of long tyme born, and still do beare to his parson (though I like not his proceedinges) I desire him to harken to this my ensewing good Counsell; though in so doing perchaunce (and contrarie also to my desire) I may force vppon him an vnwelcome courtesie, and an vngratefull fauour.

74. I wish him first to consider with what securitie of conscience he can still persist in the defēce of the Oath, The first good Counsell to Widdringt [...]. not onlie against all the Authoritie by me and others alleaged, but also against the expresse commaundement of his chiefe and Supreame visible Pastour? Widd [...]. Disp. Th. sec. 2. ca. 10. n. 56. he alleageth Vasquez oftentymes to prooue, that a man may follow in practise any probable opinion, and he seemeth to be wel conuersant in him: why then doth he not marke and make his commoditie of that Doctrine of Vasquez concerning the Superiour, when he commaundeth according to a probable opinion? Vasquez, Vas [...] 1. [...] disp 62. n. 32. following therin the common opinion, affirmeth that a subiect is bound to obey his lawfull Superiour when he commaundeth according to a probable opinion, though he commaund a thing which is against the Subiectes opinion, [Page 404]and that also probable. Out of this I frame this Argument: A subiect is bound to obey his lawfull Superiour when he commaundeth according to a probable opinion, though he commaund a thing against the subiectes opinion, and that also probable: but the Pope VViddrington lawfull Superiour, commaunding VViddrington not to defend the Oath of pretended allegeaunce, commaundeth at least according to a probable opinion: ergo VViddrington is bound to obey the Pope in this against his own opinion, though that were also probable. The Maior Vasquez proueth; because the Subiect may follow any mans probable opinion, and consequentlie his Superiours, that also being probable; and if he may, he must; because his Superiour commaundeth. The Minor VViddrington graunteth, and can not deny: the Conclusion then followeth, to wit, that VViddrington is bound in conscience and vnder payne of mortall sinne (the thing commaunded being of great importāce) to desist from defending the oath, the Pope hauing condemned it, and commaunding him not to defend it. To say that the Pope is misinformed, and that therfore his declaration and cōmaundement grounded therin, doth not bynd in conscience, is but a poore stay for VViddringtons consciēce; because, Disp. Th. c. 10. sec. 1. n. 53. as VViddrington alleageth out of father Parsons letter, he informed him selfe, of seauen or eight of the most lerned Diuines in [Page 405]Rome, and since, he hath heard what VViddrington him selfe can suggest. To alleage his Authours, is to litle purpose, they being (as aboue wee haue seen) few, and of litle or no Authoritie. To say the Pope may erre, wil as litle seue VViddringtons turne, because euerie lawfull Superiour is to be obeyed when he commaundeth according to a probable opinion; though in other things, and euen in this he may erre. To answer that he is then onlie bound to obey his Superiour when ther is no notable daunger or domage in obeying; is as litle to the purpose: partlie because the opinion according to which the Pope commaundeth, is more then probable, as aboue is proued; partlie because though ther may be Temporall domage in refusing to take the oath, yet for VViddrington not to defend it by publique writing, ther is no more daūger to him, thē to many moe who neuer set pen to paper for the defence of it; rather VViddrington should feare the spirituall daunger and domage which is incurred either by defending or taken it, as his chiefe Pastour hath assured him.

75. Secondlie I wish VViddrington to reflect vpon his own selfe, The socōa good Counsell to VViddringt [...] ̄. and the state of life to which he is called; the daūgerous course he runneth, and how farre he is proceeded in it; how heauie an enterprise he hath vndertaken, and how hardlie hee shall be able to goe thorough with it; whoe applaude him in it, who condemne him; what Authours [Page 406]he followeth, whō he contradicteth; whom he maketh glad, whom he contristateth; what a Schisme, as it were, he hath made amongest some of his Catholique brethren, with what doubtes and Scrouples he hath troubled the myndes of others: How many wel meaning and before verie zealous Catholiques, he hath induced to take the Oath, and what scope he hath giuen to the persequutour to vexe and afflict those who out of conscience refuse to take it; how litle gratefull he hath shewed him selfe to the Sea Apostolique, which bredde & brought him vp, how much to officious to her Aduersaries, his chiefe Applauders; what litle comfort at the hower of his death, he shall reape of these his labours, how much discomfort.

76. And to you, Holsome Counsell to the Catholiques. worthie, constant, and renowned Catholiques, I giue this holsome Counsell. Seing that this Oath so much derogateth from the Church and her chiefe Pastours honour and Authoritie, and giueth such scope to her Enemies and Persecutours; as you haue hetherto defended (& still, sauing some fewe, do) this Church, her faith, and Authoritie, and haue sustained losse of libertie, liuinges, and liues, rather then you would consent to the least iniurie, which is offred her; so do you not (by taking this Oath) falsifie your faith to CHRIST, his Church, & chiefe Vicaire. You haue passed the raging stormes and Tempests [Page 407]of a Sea of Persecution, make not shipwracke of all your spirituall marchandize and merites in the mouth of the hauen: you haue long since laied your hand to the plough do not now looke backe: Luc. 9. Exod. 14 you haue almost past the red Sea of Persecution, which hitherto hath yeelded you passage, go not backe to Aegipt, for then you will neuer come to the Land of Promise: you haue runne a long time in the race, 1. Cor. 9. faint not now before the goale; rather looke vp to Heauen, Gal. 5. and you shall see the Angell houlding in his hand a crowne of glorie. Currebatis benè quis vos impediuit veritati non obedire? You ranne well; who hindered you not to obey the truth? Persuasio haec non est ex eo, qui vocat vos: Ibid.this persuasion (to take this Oath) is not of him, Ibid.that called you. It is of the Enemie, who enuyeth that you ran so well. But ego confido in vobis, quod nihil aliud sapietis: I haue confidence in you in our Lord, that you will be of no other minde, nor do otherwise, then becometh good Catholicks, and such Catholicks also, who haue beene tried and purged in the fornace, on whome the eyes of God, his Saincts, and all the world are fixed. In the meane time, qui conturbat vos por tabit iudicium suum, quicunque est ille; he that troubleth you, he that hath cast stumbling blockes and scandals in your way, he that like the serpent hath buzzed in your eares, shall beare the Iudgement of almightie God, whosoeuer he bee.

77. And as I desire you should be constant [Page 408]in your faith and Religion, obedient to the Church and her chiefe visible Pastour in all which is belonging to their Authoritie: so I exhort you to obey the Kings Maiestie your Soueraige Lord and Liege in all things which appertaine to his Regall power; and so to giue to God, his Church, and chiefe Vicaire their due, hommage, and respect, as you deny not to the King Tribute, Rom. 13.Custome, feare, honour, obedience, fidelitie and faithfull seruice: & not to thinke that this which I haue sayed in behalf of the authoritie of the Church and her chiefe visible Pastour, hath been to detract any the least due, right, and respect from our Temporall Lord and Soueraigne, much lesse to giue any waye, or scope to plottes, conspiracies, or libelles, which may irritate the Prince, purchase no good, but rather procure disgrace and preiudice to the cause for which you suffer. For as S. PETER telles you: 1. Pet. 2. what glorie is it, if sinning and buffeted you suffer? but if doing wel you susteine patientlie, that is thanke before God, for vnto this you are called. For it is better (as the same Apostle assureth you) to suffer as doing well (if the will of God will haue it soe) then doing ill. 1. Pet. 3. And therfore, 1. Pet. 4. sayth he, let none of you suffer as a murderer, or a chiefe, or a rayler, or coueter of other mens thinges, but if as a Christian (Catholique) let him not be ashamed. 1. Pet. 2.Bee you therfore Subiect to euerie humane Creatur for God, whether it be to the King as excelling, or to rulers [Page 409]as sent from him, whether it bee to the Prelate or to the Prince, Church, or Common wealth: it hauing been my onlie intention, and the onlie drift of this booke, that Prelate and Prince should both haue their due, neither should bee iniuried.

78. And therfore I exhort you to refuse the Oathe of pretended Allegeaunce, because your Chiefe visible Pastour, hath forbidden it, and for that, his Authoritie and Right, therin is interessed: and yet I would haue you also obey the King in all Temporall and Ciuill causes, because such obedience Gods Law commaundeth; and consequentlie to defend his Royal parson euen with hazard of your goods, Landes, and liues, to pray for him and his Royall posteritie, that he may liue and raigne long in his own person, and after in a long posteritie, & that he may soe gouetn his Kingdome of England heere, as he may not loose, but gaine, a greater Kingdome of Heauen herafter.

79 And I most humblie also desire his most Excellent Maiestie, An humble petition to the Kings maiestie. out of his rare wisdome, deepe Iudgement, and long experiēce, not to esteeme those his onlie faithfull Suhiectes, who are best Temporisers: because as many of these men serue not so much the King, as the tyme, and in it, their own turnes: so if tyme & Fortune chaūge, they also like the Fishe Polypus which taketh the hewe and colour of the stone to which [Page 410]it cleaueth, will chaunge and varie. The noble CONSTANT vs Father to CONSTANTINE the Great, will be vnto his Maiestie a good President in [...] Kinde. Hee on a tyme, to trye who were like to prooue his most faithfull Subiectes, commaunded (as EVSEBIVS relateth) that all those of his Court, Euseb. li. de vita Cōstan tini non longe ab initi [...]. who would en [...]oy his frendship, or participate of any his Honours and Dignities, which he vsed to bestowe, should sacrifice to the Goddes, and that they who would not, should be expelled the Court, and depriued of all honour and fauour. At which commaundement, some of them loath to loose their honorable places and Dignities, obeyed the King, and forsaking Christian Religion, sacrificed to the Idolles: others fearing God more then the King, and more him that can kill soule and bodye in hell, then him that can kill onlie the body, Mat. 10. but can not touch the soule; left the Court and all hopes of preferrement, rather then they would leaue their Religion, or do any thing against their conscience, which when the King Sawe, he called backe those constant Christians, and reiected from his Courte and companie those-false harted Temporizers, saying, that they whoe were not faithfull to God, would neuer be sure and trustie to the King, and that they who would not for any thing the world could afforde, forsake God or their Religion, or [Page 411]do any thing against conscience, were most like to prooue most faithfull freinds and Subiectes to their Prince. Which President if [...] Maiestie our Soueraigne respect accordinglie, he will deeme, and shall by experience find, that those his Catholique Subiectes, who out of Religion and Conscience, stand most constantlie for their faith, the Church, and her chiefe Visible Pastour, will, out of the same Religion and conscience (which are the most strong and forcible bondes) stand most stiffelie (when occasion shalbe offered) for their King and Soueraigne, and will prooue his most obedient, peaceble, and faithfull Subiectes.

The Printer to the Reader.

Although the Authour (gentle Reader) by publishing this his Treatise so late, This is spoken of the first Edition.may seeme to haue obserued no oportunitie of time; yet I can assure thee, that it was two yeeres since readie for the presse, and much against his will hath all this while, vppon some occasions, been differred. But seeing that the Oath is still proposed by the Magistrate, and by some few also (who feare more the losse of a Temporall, then an eternall estate) taken, and moreouer defended; he [Page 412]shall not be like to that Phisition, who prescribeth Phisick after the disease is cured, but rather to him, who expecteth till the disease cōmeth to maturitie and ripenesse, that so shewing it selfe more euidently, he may apply the better remedie. Receaue it therefore (how late soeuer it come) and vse it for thy good, according to the Authours desire, and sincere intention.

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Pag. 351. in marg dele Anton lib 4. and lib. cor. l. pag. 353. lin. 26 adde before if yet pag 353 lin. 30. depose. cor. depose also. pag 465. l last dele of excommunication denounced. pag. 361 lin 10. abolendum cor. abolendam pag. 368. l. 25. coe. correct condemned. pag. 368. l. 26. and cor but practised and. pag. 400. l. 23. perswaded cor. perswade.

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