A TREATISE of Ecclesiasticall and Politike povver.

SHEWING, The Church is a Monarchicall go­uernment, ordained to a supernaturall and spiri­tuall end, tempered with an aristocraticall or­der, (which is the best of all and most conformable to nature) by the great Pastor of soules Iesus Christ.

Faithfully translated out of the Latin originall, of late pu­blikely printed and allowed in Paris.

Now set foorth for a further warrant and encouragement to the Romish Catholikes of En­gland, for theyr taking of the Oath of Allegiance; seeing so many others of their owne profession in other Coun­tries doe deny the Popes infalibility in iudge­ment and temporall power ouer Prin­ces, directly against the do­ctrine of Iesuits.

To the PRINCE.

Printed by VV.S. and are to be sold by Iohn Budge, at the great South doore of Paules, and at Britaines Bursse. 1612.

To the Prince.

SIR,

THese are not now idle fancies of mine owne, hot ebullitions of a French bloud, youthfully soun­ding the charge long before the combate; No nor of any one man alone, neuer so wise, neuer so temperat. They are the graue disputations, the sound decisions of a whole compa­ny, one of the most famous, as one of the most aun­cient in the world, for diuine and humane learning: Who now sets forth to the open view of all men what their opinion is about the Popes either lawfull or vnlawfull authoritie. No more are they any parti­cular imaginations, or exact conclusions of Prote­stants, the Popes open aduersaries, or some other (if there be any) of his violent enemies; who, perhaps to forward in their owne way, deny vtterly all the au­thoritie of the Bishop of Rome, because he hath vsur­ped [Page] too much, and would haue Rome totally ruyned because there are many abuses therein; and not ra­ther to be reformed by good lawes, reducing order & conueniency to their own auncient iust and lawfull vse: Much like vnto that people, that wholy forbids the vse of that good creature of God, wine, because hurtfull by accident, rather then to temper his furie with water, or moderate the quantity. They are, I say, the too too gentle, the too too indulgent determina­tions of the Popes best friends, of his derest darlings, nay, of his owne strongest support in Fraunce, by whome he raignes yet there, and without whom he [...] not haue an inch of credit in that whole king­dome: Determinations, which yet seeming to make good the reasons of the French Herald, & cōclude, ex obliquo at least, to his Croisade, makes mee the bolder to tender this vnto your Highnes, to whome that o­ther was also dedicated: As a confirmation now by these wise men, of those reasons which, as his owne, he did at that time esteeme more foolish, then for the respect due vnto the assent of such persons, hee dares euer hold them hereafter. For indeed what shold we not boldly execute against him, that with fier and sword, open inuasion and secret treasons, declares himselfe so violent and bloudy an enemie to vs, though we not to him? Wee, I say, right reformed Christians and Catholiks who, rightly lightned with the shining truth of the spirit and the Scripture, haue so lawfully shaken off that most vniust, most vnsup­portable iron-yoake of later yeares forged in the Church of Rome; when wee see his owne men, his [Page] owne maintainers so flatly condemne him? But alas! what order to bee taken? I am not able to giue coun­sell, much lesse to commaund. Onely this, my most harty prayer vnto the Almightie shal be, & as long as I breath I will neuer finish it, till it bee finished or my selfe; That now when it seemes that in these lat­ter daies, by frequent disputations the truth beginnes to cleere it selfe of those darke clouds of ignorance, and thicke vayles wherein it had beene hitherto pur­posely wrapt and ouercast; Now that it seemes that all Christians of all professions, at least those of the better sort among them, draw neerer then euer they did one to another, and all to that happy medi­um, wherein consists the true and onely hope of a ge­neral reconciliation, it may please his heauēly good­nesse to stirre vp, and strongly moue all Christian Princes and Magistrates, as well Ecclesiasticall as Ci­uill, to call together a good lawful and free Councel, as generall as may bee; wherein all absolute and ne­cessarie points to saluation, being considerately with brotherly loue, and without animosity discussed, wee may with common consent of all, frame together a constant substantiall and vniuersall profession of our faith: As without doubt it would be a thing most fit to preuent and auoid many scandals, and easie enogh to be attained vnto, if euerie one would leaue all pe­remptorinesse of his owne sence, and cleaue to the right naked and vnpassionate truth. It remaining, for the rest, lawfull to euerie nationall Church, in things indifferent and not altogether absolute and necessa­rie to saluation, differently to beleeue according to [Page] their best aduise and Christian libertie. It is a thing which (after God) wee must solely and onely hope from the hands of that thrice-great King your royall father, hee hauing a particular right to it by his title of Defender of the Faith, as indeed hee makes him­selfe euerie day more and more worthy of the same, both abroad & at home, carefully suppressing here­sies [...]en in their birth, there by his credit, heere by his commaund, there by his word of aduice, here by his sword of Iustice. Oh! what helpe our famous Henry the Great would also haue yeelded to this, if those that did smell out some such purpose in him, had not, as vnluckely as traiterously shortned his daies.

But in that happie assembly let it not be forgotten for the first point and ground of all the following good, to giue backe againe to the Catholike Church her ancient right and authoritie; clipping the Popes wings of so much as he hath most tyrannously vsur­ped, and reduced vniuersallity to his own particular. For otherwise, as long as that tyrannical, vnbridled, monstruous, impious, omnipotency (which none can tell yet how far it runneth, or can stretch it selfe,) be not limited within the bounds of reason, I meane of the law of God, there is no hope of reconciliation, no hope euer of any good at all. I doe not deny that the Bishop of Rome hath altogether no authoritie as from God; Neither but that he may haue a great deale more by the free graunt of Councels, or by the liberallitie of Princes. That which hee hath as from God, let him keepe it still in Gods name; The gifts of [Page] God are without repentance. Yea,Rom. 11.29. let him keepe that which he hath lawfully receiued of auncient Coun­cels, as the first place among the fiue Patriarkes, be­tweene whome the care of all the Churches of the world was friendly and almost equally diuided, and to him by especiall assigned the care of these West-churches; In which respect only the King makes no difficultie to call the church of Rome,In his Maiesties first speech to the Parliament. our Mother-church. Let him also keepe that which auncient god­ly Princes haue giuen him, though he cannot show, nor who, nor how, nor when: so that he acknow­ledge it, at least, vse it as a free gift, and not like a des­perate vngratefull rebell, to the preiudice of the heyrs of his benefactors. For in that case the gifts of Princes are not as the gifts of God, and, be they neuer so firmely sealed, neuer so auncient, or pleading pre­scription, are euer and most lawfully subiect to a iust resumption. But if still through shame or mallice he be loth to accept of these most reasonable termes, & be brought againe to his first estate, thogh glorious enough for any temperate ambition; I meane to that which hee hath by the foure former generall Councels, and by the Emperours of those times (for otherwise to reduce him to that which hee hath by S. Peter, (if euen hee haue any thing by S. Peter) it were but a poore and verie beggerlie thing: Finally if hee will not voluntarily forgoe all vsurpation or a­buse, neuer so auncient or moderne, let him be most iustl [...] depriued thereof, as a preuaricator, and bee brought by meere force to that which he should vo­luntarily and wisely yeeld vnto by right. Whereup­on [Page] strengthned now the more with the opinions of that famous Societie, which is no lesse then a little continually standing Councell in France, allowed by the Pope himselfe, I conclude still with the French Herald, to a generall Croisade against him that is now become the great enemy of Christendome; And that the executiō of the decrees of that blessed coun­cell being put into your Princely hands, as the Lief­tenant general of the high Defender of the faith, the whole Catholike Church, sighing and panting vn­der the heauy loade of that cruell tyranny, may for e­uer be beholding to your valor, and extoll you as the restorer of her liberty. Vp then, vp, braue Prince; the eyes of all Christendome are now cast vpon you, to see you beginne; you shall not want friends and fol­lowers, euen more then you thinke, euen more then perhaps you looke for. Those that now dare not shew their heads for want of a Generall, will mount vpon the tallest coursers they can finde to shew their whole body, and draw with more hast to bee nearest to you; At least you shal know who be your friends. For if the first blow be not giuen vnto that monster by your Royal father, and the second and last by your selfe; sure, sure, I knowe not who will beginne, much lesse who shall make an end. And least any man be­leeue that I stand yet wilfully and without iust causes in my old vaine; or that I perswade you vpon the reasons of strangers, or any moderne writers onelie; I end with an instance of your owne, a graue prophe­cie or a sentence, if you will, giuen in this case almost foure hundred yeares since, by a right reuerend, god­ly [Page] bishop of yours, Robert of Lincolne, altogether out of likely-hood to sauor any thing of the hot French, or of the interessed Protestant. Another man of yours, your auncient and learned Mat. Paris citeth it,In Henrico iii. An. 1153. out of whose bookes I could bring almost as many arguments to this purpose, as there are leaues, how­soeuer otherwise a passionate mainteiner of the A­postolike sea. That good old Prelate dying in a full age, after that he had liued and serued here vnder the tyranny of three or foure Popes, Gregory 9. Celestin 4. Innocent 4. hauing held a long discourse with his Priests and Clergie the same night that hee dyed, in complaint of the hard and miserable estate of the Church in those times, accusing the Popes onely, as the totall cause thereof, and calling them Heretikes and Antichrists, at last did willingly yeeld vp his bles­sed soule (the neerer to happinesse, the sharper-sighted and surer in her iudgements) with great vehemencie, sending foorth this last Oracle from the bottome of his heart. The Church shall neuer be deliuered out of this Egiptian bondage, vnlesse it be by the mouth of the bloody sword. To the sword then,Nota. to the sword, I durst almost say euen at this instant, for at last when Councell and all is done, wee shall euer bee put to it. Possession is very sweet; and that Iudicious man, best acquainted with the humour of Popes, knew full well that they doe not part so easily from what they haue once catched holde of. If all this doe not satisfie the worlde, truely then I knowe not what shall, though I knowe very well what should; howbeit hardlie of [Page] more weight then that which is handled through all this Booke. Finally, to the end none may say that I am more ready to talke then to doe, I vow faithfully that if euer this holie purpose goe forward, and God let me enioy my selfe, I shall be one of the forwardest, in my poore con­dition, to shew by my best ende­uours in life or death, how much I am

Your Highnesses Most humble, most faithfull and most deuoted seruant Δ

To the Romish Catholikes of England.

MOst deere, though but halfe bre­thren, whom yet I wholly loue, euen though you were but men, a great deale more being Christians, most of all, being English Christians, and subiects to that great Monarch, my adoptiue Master; who hauing beene so gracious vnto me, farre, farre beyond my deserts or any hope I might euer haue builded thereon, hath bound me for euer to apply, vow & dedicate all my life, studies, seruice and best endeuours to him and for him, and for his sake to all such as are his:In his Maie­sties first speech to the Parliament. whom, euen for that respect only, I must needs loue, thogh they were but halfe his, as long as hee wants the best part of them, that is their soules, as he himselfe in some place saith of your selues.

In that resolution, & for as much as the whole need not the Phisition, and that indeed I am no Phisition at all, lea­uing to God and themselues that other part of the good [Page] people of this famous kingdom, which agreeth in faith and beleefe with vs; And choosing you, as the fittest obiect for my loue and seruice to work vpon, and in you that best part of you, your soules: yea, euen in that leauing that gre­ter businesse of your whole conuersion for spiritual things, to the working care of that so worthy Abbot, who hath de­serued to be a more worthy Archbishop and Prim [...]te of so flourishing a Church, Of an eloquent King of Lōdon, Of an acute indeed, and much acute Montaign of Bathes and Wels; Of that other learned Abbot, Of that right diuine & Iudicious Leyfield, Of substantiall and fruitful Field; yea, d [...]ring to leaue you to the liuely remains of a rich En­glish Iewel, Of a solid Hooker, so skilful, that with one only hook he fisheth of both sides, with many others, both a­liue & a sleep, so easie to be found, so hard to be nūbred; & medling onely in temporalty and such things as are and haue euer beene receiued for constant and common religi­on thorough all the world, but onely some few yeres since, that the diuell, being almost at a bay, strugleth with his last and most violent endeuours, against the truth that strangleth him; Neuerthelesse medling heerein more for your own good, then for his Maiesties, which yet as a right Pater Patriae, as a kind Pater-familias of the Common-wealth, hee will euer esteeme his owne when it is yours: I thought some moneths a goe to haue presented you in your owne language that famous letter of a great friend of yours, the Iesuit Cotton, written in French to the Queene Regent of Fraunce in disalowance of Maria­naes booke, and other writings of other Iesuits, approo­uing disobedience of subiects to their own lawful kings, in temporall matters, euen to their poisoning and murther. [Page] But another man with more hast then good speede (I am sure) though not with a better minde then my selfe, ser­uing it vnto you in another dish and with a sower sauce in the end, of that odious chamber of meditations, did quite marre the good vse that yee both and wee, I meane the whole state, might very well haue reapt therof. All things are not fit to bee said at all times, neither ought we so na­kedly to vncouer the shame of our brethren as long as ther is any hope of amendment, principally being most certain that the best part of you doth not alow, yea, I dare say, not know those abhominable, execrable and almost incredible courses. For no doubt but it would haue made some impres­sion in your harts, to haue seene (without such a bitter ad­dition, quite then out of season, and rather to exasperate then to pacifie you) so famous a man, a Iesuit by professi­on, and one of your greater saints, writing of set purpose to so eminent a person, and impugning whatsoeuer hi­therto hath beene, or hereafter might be, written by any of his owne order, or by others, against the temporall au­thoritie of Princes ouer their subiects; cyting orderlie one by one, as numerus certus pro incerto a dozē of fa­mous Iesuits, Cardinall Tolet, Cardinall Bellarmine, Gregory of Valencia, Salmeron, Delrio, Heyssius, Becanus, Gretzerus, Lessius, Serrerius, Azor, Richeom, euerie one with some speciall place mainteining the Prin­ces temporall authoritie. And for better fortifying ther­of setting downe of himselfe, and without any vrging, 15. heads and principles of the faith, and beleefe of their whole society about that matter whereof among the rest, the 6. 7. 8 9. 10. 11. 12. are these, after that in the former he hath established and highly cōmended the monarchicall [Page] state, as the best.

6 That kings are annointed, and therefore called the annointed of the Lord, that euerie one (as Simeon Arch­bishop of Thessalonica saith) may vnderstand that they ought to be inuiolable, and respected as holy and sacred per­sons.

7 That whosoeuer resisteth them or rebelleth against them, shall receiue their owne damnation; Rom. 13.2.

8 That obedience is due vnto them, not because vertu­ous, wise, mighty, or of any other such qualities, but meere­ly because they be kings and established by God.

9 That it is not lawful to deny them their obedience, much lesse to rebell against them, though they should bee v [...]tous froward and hard to be endured; 1. Pet. 2.18.

11 That in such cases wee ought to pray for them as the Prophet did command the Iewes for Nebucadnezar, and Baltazar Bar. i. ii. And that those persecutions, losses of goods, and other afflictions which are patiently suffered for that cause, and without rebellion against their superi­ours, are things most pleasing to God, and agreeable to that praise which Paul giueth to the Ebrewes, cap. 10.34. and to that ordinance by himselfe published in the Church. Rom. 1 [...] 1.

12 That it is not lawfull to attempt any thing against their persons; but that it is a most execrable parricide, a prodigious crime and abominable sacriledge.

All which articles and letter, though by some, accused of some equiuocation, truely at least by all honest plaine-dealing men and fully good subiects, of to much sparing­nesse and cohibition in a matter which deserued with an open mouth to haue bene more clearely and largely exten­ded; [Page] yet willing to take al things in the best sence, euen in our aduersaries, and receiue as lawfull and current, the coyne of ill pay-masters, neuer so base, neuer so clipt, so it be but indifferent good: I then purposed with a peaceful, cha­ritable, and truely Christian and brotherly mind and fa­shion, to set them before your eyes, to the end you might with as peacefull a spirit, and not stirred or distasted by any vnsauory appendix, conceaue at least of this point, That so many other Iesuits of other nations are not of the same opinion in that behalfe with your Parsons, Campi­on, Creswell, Garnet, Hall, Greenwell, Gerard, Ha­mōd, & other your fiery Iesuits; which as right Puritans among their other fellowes, that is abstractum de ab­stracto, (as though England were the onely Seminary in the world, for such a cumbersome, to sharp-sighted, and to sharp-minded zeale) defin [...]ng and refining law and Gos­pell according to their owne humours and priuate ends, till they haue (I feare me, and God forbid) finished and dissol­ued all, make Religion where there is none, and irreligion of that which is most sacred and religious: As by all lawes both diuine, naturall, Ecclesiasticall, politike and positiue, temporal obedience of subiects to their Princes is, and hath euer beene held.

But that good duetie being intercepted, as I told you be­fore, I had very willingly requited it by presenting you an­other booke of another, though yet my Country-man, still of your owne profession, for with other armes will I neuer vrge you, then those that your owne men shall put into my hands; A man truly most worthy and learned, A booke most worth reading, intituled Of the common offence and priuiledged case, wherein shewing by degrees, and [Page] from age to age, the incroaching increase of the authority of the Popes and Church-men, in that old time of thick ig­norance, when scarce any in the world but they could reade or write his name, that Author most excellently proueth that a principio non erat sic, and that from the begin­ning & many hundred yeares after, al Church-men with­out exception were subiect to the ful obedience and Iustice of their ciuill Princes, till by their fauourable graunt and relaxation, or rather by an ouer-religious stat [...]nesse, vnprouidency and scrupulous simplicitie, Church-men by tract of time got to be released in some cases; from whēce first arose the distinction, betwixt delictum commune & casus priuilegiatus as they call them.

But fearing least that booke neuer so cleer, neuer so wel followed, might not be of great moment with you, as being written by a priuate man, not perhaps so famous among you as your owne father Cotton, though a noble Iudge of one of our high Courts of Parliament, and his booke o­penly printed, allowed and licenced by Catholike learned Diuines I thought rather to looke for a better opportuni­tie; which, I am sure, hath not bene euer since so effectuall as this, nor perhaps will be a long time hereafter. For vn­lesse it be in a generall Councel, it is not to be hoped that you may euer haue a constant resolution of so many & so learned Doctors of your own & aboue all so little interes­sed in your case, but rather which being able to claim more then you, as being Church-men theselues, disclaim honest­ly & willingly that which is not theirs, the more therfore to be beleeued. It is no more Luther that speakes in Bo­hemia, Caluin in Geneua, Henry 8. in England, Iames the sixt, in Scotland; you cannot impute this to any parti­cular [Page] quarrell, or heresie. They are not priuate men of an­other Countrie that speake in their owne sence, and of which you might say they may ouershoot themselues, thogh of your owne profession, as the two aboue mentioned. It is not one Blackwel your Archpriest, one VVarmington, one Sheldon, your Priests, of whome you might say the two former were prisoners, the last a Runne-away. VVid­drington at least was free, that so learnedly confutes Bel­larmine by Bellarmine himselfe, and is your own stil, yea most passionate; as the fashion is of all those that haue for­saken vs, therefore the more worthy to be credited by you. Though it be a great wonder how he hath beene able to re­serue still so much reason and honesty to make a stop there, since it is not the good hap of such as fall once from the steepe rocke of the truth, to graspe any where, but rather alwaies to tumble from an error to an heresie, till they be, legges and lims all broken, ouerwhelmed in the bottome or rather in the bottomlesse pit; yet it is not hee that speakes It is not the King himselfe, of whome you might say he speakes in his owne cause, though no otherwise then a good Father, commending naturall duety to his belooued Children, And, I pray you, who shal loose most, or be pu­nished at last, either the godly father for admonishing his rebellious children, or they for denying him his due? It is not that so powerfully fulminō [...] in vanos illos fulmina­tores et vacua fulmina Capitolij, learned Andrewes, or any other of our graue men; of whome you might say, they speake to please the King. They are free and franke Frenchmen that speake, in Fraunce it selfe, the mother of all fraunchise and freedome; free, not onely in their bo­dies, but without preiudice in their mindes. For of those [Page] Frenchmen they are not that part, which, being neerer in faith to vs heere, you might perhaps nick-name Puritans, open and opposite enemies to the Pope; No such matter; They are your owne deere Brethren, rather then our com­mō friends, the same sheep of one pretended fold with your selues, the Popes most obedient and gentle children: who rather by too gracious & charitable a granting, then by a restraining maner, rather giue a new far stretched power to your common father, then abridge him of any of his old. It is, I say, whole France that speakes by her Sorbonne, & that whole society agreeing together as one man speaks also by one man, their Sindick & learned Speaker Riche [...], very wel known though not named: The Sorbonne of Pa­ris, I say, so famous through all Christendome, & which be­ing an ancient cōpany of the most graue & learned French doctors in Diuinity, & both canonicall and ciuill law, is, as it were, a continual standing councell in France allowed by the Pope, at least represents it as long as there is none else; and to their oracles, in that respect, all France in a time of neede, yea verte often many forraine Countries haue had their refuge. For euē when at the first this very same book came forth without a name, as a child exposd to fortun, that it might be the more free to any to oppose & alleadge what they would, what they could against it; Then indeede the Nuncio, perceiuing his master so thoroughly let blood, not onely in his Cefalica or Basilica, that is in his headship ouer the church, or royaltie ouer Princes, but euen in his Arteria magna, wherein consists the life and the spirit of all his being, runs in a great heate to diuers Bishops and Cardinals; and gathering as many as he could to accompany one, the greatest indeed among them all, willing nilling (as [Page] one that truly hath euer bin very moderate, but yet hath so neere an interest in the Pope, both by oth & by hope he may wel haue to be a Pope himselfe one day, is, sure, he is more worthy of the place, then the place, as now it is, of him) sends him in al the hast to complaine to the Counsel, and demand the suppression of this booke. But that right worthy of that name Henry de Bourbon, most worthily the first Prince of the bloud, hauing thoroughly perused it before hand, vndertakes brauely the defence thereof &, in the behalfe of our yong Lewes his Lord & neere kinsman, ouerthrows the reasons without reason, of the Bishops, Cardinall & all, giuing by authoritie of the whole Counsell, more autho­ritie to the booke then it had before. For e [...]en that other eye of France Charles de Bourbon, Earle of Soissons, taking then first notice of the booke, & therfore not able to speake much to it, but vpon the assurance of his nephews sufficien­cie, caused it purposely to be translated to vnderstand it bet­ter, and finding it also most iust, equitable and well groun­ded, it was publikely printed in French, whereas it was be­fore but in Latin. Then was Sorbonne also consulted (as they vse in such cases) which gaue freely their opinion in fauor of the book, as knowing ful wel from whence it came, & beginning the, as it were, to auow it as their own. Wher­upō the Nuncioes crew yet not yeelding, but continuing to gather, it selfe together three or foure daies to aduise of some means for their redresse, as soon as that famous high Court of Parliament of Paris, the right arme of our Kings, & in some sort Protectors of the kingdom in a nonage, had notice of it, they sent immediately the kings Atturny gene­ral to bid thē vpon pain of the Kings displeasure to separate thēselues, & leaue off such cōuenticles, which were not only [Page] without, but against the Kings authority, & of the Church about such things as were allowed by his Maiesties most honourable priu [...] Counsell, by the Sorbonne, and by them­selues, them three representing, as it were, the three E­states, that is to say the whole kingdome.

And now that which that most Christian Fraunce saith, is nothing new, or of her own selfe, but Serenissime Venice hath said as much vpon mature consultation of al her Diuines, and saith so still; Catholike Spain it selfe thinking no lesse: which yet hath spoken sometimes as far as any of the rest, if not further, as their owne mani­fold Councils held at Toledo, most learnedly cited in that Royall Apology for the Oath of Allegiance, do mani­festly iterate and testifie. Fraunce, Spaine and Venice, the three Charites, the three minions of the Pope, that yet sticke most strictly to him, and neuerthelesse, two of them at least, doe but hold by a bare and verie small threed; As the third also would stand in the like case, but that beeing so neere and terryfying a neighbour of all sides vnto the Pope, he holds him by the throat (as they say) being able to starue him to death with all the Consistorie, whensoeuer he will but restraine the transportation of corne out of Sici­ly and other his dominions round about: whereby he com­mandeth more then he is commaunded (not perhaps more then hated, if they durst shew it) and neuer giues their ho­ly Ghost leaue to sing any other song, but that which hee sends him ready prickt from Madrid.

Now then, if these men when they haue done al their vt­most power, yea, in the stretching of their loue & filial du­ty, enlarged kindnes beyōd that which they can wel warrāt; yet can they assigne vnto their father the Pope, no more [Page] then a generall care of soules with a ministeriall direction onely for order and execution of Canons ouer particular Churches; no power at all ouer the vniuersall Church in grosse, much lesse ouer a generall Councell, much lesse, or in the same degree, ouer the bodies of men by violence, or any temporall punishment, but by meere counsell & persuasi­on onely: And if not so much as ouer priuate bodies, least of all ouer Kings and ciuill Princes, which rather they al­low and openly acknowledge to haue right and authoritie to commaund both Church and Church-men in some cases; to which Princes all men, aswell Ecclesiasticall as Ciuill, must be most humble and faithfull subiects, as being (in so much as they be Lords of the territorie) established by God, Protectors and Defendors of the Church, and of both Diuine and Naturall lawes with attribution of the materiall Sword to themselues only, priuatiuely and ex­clusiuely from all others within their owne dominions. What stop then any more, deere brethren, but that you shold gladly yeeld your naturall dutie and allegiance to your na­turall king, since ye are boūd to yeeld it euen to the frow­ard? 1. Pet. 2.18. That you should willingly giue him but that simple pawne of your loyaltie, your oath, the simplest that could euer be imagined vpon that great straight and necessitie whereunto the State was brought by that portentuous mischiefe, which did once so nearely and daungerously threaten kingdome and vs all, as you your selues haue bene most vndoubting eye-witnesses? You shall not be Ca­tholikes neuerthelesse, and you know how little or no­thing besides that, is required at your hands; your con­sciences are no waies pressed; your thoughts are most free, and your words (thank God for it and your gracious King) [Page] may freely expresse them. In so much that euerie day some of you (God forbid I should say all) dispute as peremptorily, speake as odiously, decide as vnchristianly, inueigh as pub­likely against vs, and our Religion here, in the midst of London, to our selues, and one to another to our owne faces, as thogh they were in the verie middle of Rome or Seuil very farre from the pittilesse fiers of those hot Countries, where they burn without remission, not only such as speak the least word, I doe not say against God (for they let them alone) but against the Pope, (for that is the greater sinne) yea euen against those they can by any meanes discouer to haue had, at any time, any thought, or bee able afterwards to haue it, against him. Onely all you may complaine of, is that yee haue not as free and as publike exer [...]ise, as we, of the rites of your Religion: And yet in some sort haue yee it, by hooke and by crooke, or by a soueraigne transcendency of grace; so much haue euer all Magistrates of our Reli­gion abhorred extreame execution of the lawes, but being forced thereunto by violent attempts. For shame therefore be contented; Enioy peaceably that liberty which you may buy so cheape; and rather loue the certaine quietnesse of your present estate, then the incertitude of another, which sure cannot be but troublesome. Force not by an vn­natural rebelliou [...] wilfulnesse in so iust, in so lawfull a matter, your naturall and most gracious King to be most vn­vnwillingly, and with a great griefe to h [...]s heart, more sharp against you then the sweet inclination and meeknes of his royall nature will beare.

I conclude with an addition, to your further encourage­ment, of some decrees d cided and set downe two hundred yeres agoe by the verie same Sorbonne against that false [Page] doctrine, and such as seemed then to broach it a new, whom they neuer failed to condemne, and caused them publikely to aske pardon and make satisfaction, as Frier Iohn Sa­razin, Iohn Tanquarell, Florentin Iacob, Thomas de Blanzy, and sundrie others at sundry times did; Which decrees yet now of late they haue caused againe to bee prin­ted by their owne Printer, Felix de Blanuile, in S. Vi­ctors streete in Paris, and bound together with this pre­sent booke, with this title, Of the power and suprema­cie of the Pope. Against the Sectaries of this age. Re­peating once more the diffinition of the Church, as it is set downe in the title page of this booke, to point, as it were, with the finger that both sprung together out of one & the same fountaine: Whereby you may see how carefull they haue euer beene to dash the young ones of Babilon against the right rocke of the truth.

The decrees are these, after a long rehearsall of the cause and ceremonies of Sarrazins recantation, in pre­sence of the Rector of the Vniuersity, and whole scores of Doctors there named one by one, as witnesses.

1 THat all powers of Ecclesiasticall Iurisdiction, other then that of the Pope, are from Christ himselfe in as much as concerneth primary institution and collation; but from the Pope, and from the Church, for limitation and ministeriall dispensation onely.

2 That those powers are of diuine right and immediat­ly ordeined by God.

3 That we finde in the Scripture that Christ hath founded [Page] his church, and expresly ordained other powers, diffe­ring from that of the Pope.

4 That whensoeuer any matters bee ordained in a Councel, the whole authoritie which giueth force to the decrees doth reside not in the Pope onely and alone, but principally in the holy Ghost and the Catholike Church.

5 That by the text of the Scripture and doctrine of the Apostles, wee see directly that authoritie of iurisdiction was conferred vpon the Apostles and Disciples when Christ did send them forth.

6 That the power of Iurisdiction of inferiour Prelates, either Bishops or Curates, is immediatly from God, ac­cording to the doctrine of the Gospell and the Apostles.

7 That there is some power, that is the power of the Church, which of right and incertaine cases can decree a­gainst the Pope.

8 That any man liuing of whatsoeuer title, authority, dignity, or preeminence hee may be, euen though hee were a Pope, if onely he haue the vse of reason, may commit Si­mony.

Finally, most heartily intreating you to take in the best part of this my louing zeale and feruent affection, I cease; yet neuer ceasing most deuoutly to pray still both for your own good, for the kings seruice, for the peace of the land, & generally for the seruice of God, that he will giue me grace I may tru [...]ly say with Paul, in your behalfe (since the case is not very much vnlike) that which he saith of the Iewes, Rom. 9. I speake the truth in Christ, I lie not, my con­science bearing me witnesse in the holy Ghost, that I haue great heauinesse and continuall sorrow in my heart, for I would my selfe euen be seperate for my [Page] brethren the [Romish Catholikes] to whome pertained the adoption, and the glorie, and the couenants, and the giuing of the law, and the seruice of God and the promises, of whome are the Fathers, and who hauing bequeathed or rather bequited them vnto vs, as the Sina­gogue had done vnto them, both remaine depriued thereof; Whereunto I pray God from the bottome of my heart to restore you all againe with vs, that so both Iewes and all Christians, as naturall brethren after a long dis­cord reconciled together vnder one God and father, one Lord and Elder Brother, in one Church and Mo­ther, may enioy together one eternall glo­rie in the heauenly Ierusalem, which is the mother of vs all. Amen.

The Argument of the whole Trea­tise consisting of eighteene Sections.

1 ECclesiasticall Iurisdiction, chiefly and essential­ly belongs to the Church, but to the Pope and other Bishops ministerially onely, as the power of seeing to the eye.

2 Christ immediatly and by himselfe did giue the keyes or iurisdiction vnto the hierachi­call order, by the immediate and reall sending forth of all the Apostles and Disciples.

3 The definition of the Church, by essentiall causes.

4 S. Peter is onely the dispenser & ministeriall head, but Christ the right absolute Lord, essential & head, founder & foundation, of the Church. Wherefore all arguments drawne from the mini­steriall to the essential head, come short & are fallacious,A dicto secū ­dum quid, ad dictum simpli­citer. as being inferred from that which is said in some respect, to that which is affirmed simply.

5 In the Church her state must be distinguished from her go­uernement; the state being monarchicall, only to maintaine order and vnitie, and to the powerfull execution of the Canons; But the gouernment is Aristocraticall for wholesome counsell, infa­lible prouidence and constitution of Canons: For the Church is go­uerned by Canons, not by absolute power.

6 The infallible power of decreeing & making Canons, belongs to the whole Church, which is the very pillar & ground of truth; not solely or onely to Peter: And that prooued by the practise of the whole Church.

[Page] 7 This place of the Gospell expounded, Simon, Behold, Sathan hath desired to wi [...]ow you as wheate; but I haue prayed for thee, that thy faith faile not &c.

8 The frequent holding of Councels is absolutely and simply ne­cessarie to the better and more holy gouerning of the Church; and in what cases the Buls and Decretals of Popes doe binde.

9 How farre the fulnesse of the Popes power may be extended; And in what case he may dispense with the canons of Councels.

10 Though the Church haue but one essentiall head neuerthelesse in regard of the exercise and execution of gouernment, she is dif­ferently ruled by the Pope, and by the Ciuill Prince.

11 Whereas the Church hath neither territory, nor right of the Sword, from Christ (being onely ordained to a supernaturall and spirituall end) shee can determine of the meanes necessarie to sal­uation, onely by perswasion and direction, not by constraint or in­flicting of temporall punishments.

12 The ciuill Prince, as being Lord of the Common-wealth, and Country, is the Protector and Defendor both of the Diuine, Na­turall and Canonicall law, And to those ends may both establish lawes, and exercise the sword.

13 The Ciuil Prince by the title of Protector of the Church, and defendor of the Canons, is the lawfull Iudge of all,Appellati­ones de abusu. appeales for abuse, as they are termed: And from thence haue the liberties of the Gallicane Church had their beginning.

14 Confutation of those arguments which due attribute absolute authoritie to Popes.

15 In a generall Councel the Pope is held to bee the head, so far forth as concernes preaching of the word, administration of Sa­craments and execution of Canons; but not as touching direction and correctiue power ouer the whole Councell.

16 This Canon expounded, No body must iudge the first See.

17 The finall cause of the Church, which is euerla [...]ting life by a good gouernment, showes euidently that Peter is by the Church, and for the Church; as the eye by man and for man.

18 What the meaning is, that the Church hath also indirect pow­er in temporall things; And the answeare to the contrarie argu­ments.

A TREATISE OF Ecclesiasticall and Po­liticke power.

IT is a common Principle and of an vndoubted faith, that God & Nature haue still a more chiefe and immedi­ate regard to the whole, then to any part, neuer so noble, thereof. And for an example the power of Seing hath therefore bin giuen vnto man, that it might bee exe­cuted by the eye, as mans instrument and minister to that purpose; for the eye subsisteth both by man, and for man. The Schoole of Paris building vpon that most infallible ground, conformably to the opinion of all auncient Doctors of the Church, hath euer and most constantly taught, That Christ in the foundation of his Church hath more chiefly, immediatly and essen­tially giuen the keyes, or authoritie to the whole Church, [Page] then to Peter; Or (which comes al to one) That he hath giuen the keyes to the whole Church, ministerially to be v­sed by one man: Seeing all Ecclesiasticall power be­longs properly, essentially and first, to the Church; but to the Pope, and other Bishops instrumentally, and ministerially, and onely so far forth as concernes the exercising, as the power of seeing to the eye: Let no body therefor glorie in men, for all things are yours (that is to say of the church) Whether it be Paul, or Apolos, or Cephas, or the world, or life, or death, whether things pre­sent or to come; for all things are the Churches, and the Church Christs, and Christs Gods. 1. Cor. 3. &c.

II For surely when it pleased our Sauiour Mat. 16.19. to promise by words of future, the keyes to Saint Peter in the name of the whole Church, after this maner, I will giue thee the keyes of the kingdome of heauen, &c. He did afterwards actually giue and deliuer them to the whole hierarchical order together, First by a generall commission, Mat. 18.17. where he doth establish the Church sufficient in it self, & a chief Gouernesse Tell it vnto the Church; Secondly, by a reall sending forth. Luc. 10.1. The Lord appointed other seauenty also, and sent them two and two before him, into euerie citie & place whither he himselfe shold come. Iohn 17.18. Likewise when a lit­tle before, or immediatly after the celebration of the Lords supper, he prayeth to his father for his Church in these words; As thou hast sent me into the world, so haue I sent them into the world; and for their sakes sancti­fie I my selfe, that they also may bee sanctified through the truth; And a verse farther, That they all may bee one, as thou, O father, art in me, and I in thee; and may also be one [Page] in vs, that the world may beleeue thou hast sent me; And one verse after, That they may be made perfect in one &c By which words it appeares clerely, That Christ hath not deliuered the infallible power of the Keyes so­much vnto Peter himselfe and alone, as vnto the vnitie it selfe; as S. Cyprian and S. Austen doe confirme, 24. quaest 1. can Quodcunque, can. Loquitur, can. Alie­nus Moreouer, Iohn 20.21. As my father sent mee, so send I you, Receiue the holy Ghost, whosoeuer: sinnes you remit &c. Seeing then, that true and reall mission is a conferring of iurisdiction, by the authori­tie of the Apostle, Rom. 10.15. And how shall they preach except they be sent? And Christ immediatly, indiuidu­ally and iointly hath sent all his Apostles and Disci­ples (which did represent the Episcopall and Priestly order) as he had beene sent of his father, that is with a iust and spirituall authoritie, necessary for the gouern­ment of the Church; It followes, That the whole hie­rarchical order, consisting of Bishops & Priests, doth deriue immediatly, yet in a proportion and subordi­nation, his power and iurisdiction (that is his authori­tie for the gouerning of the Church) from Christ▪ As in Fraunce, inferiour Iudges and Magistrates, al­though subiect to Parliaments, deriue aswell and as directly their authority from the King, as the Parliaments themselues. For those that bee are or­dained of God: And had neuer beene so ordai­ned if there were not some subordination betweene those magistrates, and the Ecclesiastical persons. And finally the testimony of Paul, Acts 20.28. Take heede therefore vnto your selues, and to all the flocke whereof the [Page] holy Ghost hath made you Bishops to gouerne the Church of God. Which doctrine S. Bernard lib. 3. de Consider, ad Eugen. cap. 10. dooth very cleerely make manifest. ‘Thou dost deceiue thy selfe (saith hee) if thou thin­kest that as your Apostolicall power was ordained by God to be chiefest, so also to be alone. If thou be of that mind, thou art not of his mind who said Rom. 13.1. That there is no power but from God, Ther­fore that which followes, Whosoeuer resisteth the pow­er, resisteth the ordinance of God, though it make principally for thee, neuerthelesse not singularly. For the selfe same who said, Let euery soule be subiect vnto the higher powers, did not say vnto the higher power, as though they were but in one, but speakes in the plurall as being in many. VVherefore thy power is not alone from God; There are some of the middle sort yea & some inferiour. And as they whome God hath ioyned must not be seuered, no more those who are subiect to others must be com­pared to them. Thou dost forme a monster, if re­mouing a finger from the hand, thou wilt haue it hang at the head, superiour to the hand, col­laterall to the arme: So is it if in the bodie of the Church, thou placest the members other­wise then he hath disposed them,Ephes. 4 11 who hath set some in the Church to bee Apostles, some Prophets, some E­uangelists, some Pastours and Teachers, for the perfit vnion of the Saints in the worke of the Mi­nistery, and edification of the body of Christ.’ Let the Godly rather looke the whole chapter.

But if any happen to obiect that this power which [Page] Christ by an immediate missiō did transfer to his Dis­ciples, doth not so much concern the authority of the outward, as of the inward Court. The answere is, that vniuersally al the ancient fathers of the Church haue absolutly expoūded it of whatsoeuer power necessary to rule the Church, as wel in the inward, as in the out­ward Court; And that we are boūd a great deale more to giue credit to their soūd decisions, thē to the subtle distinctiōs of some Noualists, forged at pleasure, more easily to maintaine & enlarge their liberties, & extra­ordinary missions, euen to the ouerthrow of common right. Besides, That the sum of the whole outward iu­risdiction reaches no farther then to the power of ex­cōmunicatiō, which afterwards Sect. 6 shalbe clearely proued to haue immediatly bin deliuered vp by Christ to the Church. Yet perhaps they wil pretend, that this power of iurisdiction was indeed ordained & cōferred at first by Christ to the whole Church, but with such cōditiō, that it shold be afterwards cōtinued & cōfer­red to other Bishops, by the Popes, as successors to S. Peter: And therfore now al authoritie cōmeth & is de­riued only from thēce. But thus stop you their mouth, That it is most apparāt by the practise of the primitiue Church, & by the holy canōs, that al collatiōs of bene­fices (as they are now called,) haue bin 1400. yeares together made by a cōmō right, that is, by holy electi­ons. The reason is, because al principality, so far as con­cernes cōpulsiue power, depēds of the cōsēt of men, [...]s both diuine & natural law do confirme; against which neither length of time, priuiledge of places, nor digni­ty of persons, can euer prescribe. Which groūd being [Page] thus layed and setled, of necessitie these eight next ensuing principles must directly follow.

III The first shall vnfold the definition of the Church, Which is a Monarchicall gouernment ordained to a supernaturall and spirituall end, tempered with an A­ristocraticall order (which is the best of all, and most conformable to nature) by the greatest Pastor of soules, Iesus Christ our Lord; Who is the only King, Monarch, absolute Lord, Founder, foundation and essentiall head of the Church, hauing an absolute and purely monarchical command ouer her: And who, al­though by his omnipotencie, and infinite power, hee might haue saued all mankind without the scandall of the Crosse, neuerthelesse to confound and ouer­throw the power, pride, arrogancie and wisedome of the world, And teach his Ministers to thinke most lowly of themselues, Yet was pleased by the foolishnesse of preaching to saue them that beleeue, that no flesh should glory in his presence, Cor. 1.25.29. Whereof wee will treate Section. 11. From whence we doe also inferre, this Article of faith [I beleeue one holy Catholike Church] to bee of an euerlasting veritie, seeing as long as the Euangelicall Law doth stand, Christ cannot make any diuorce from the Church, his Spouse. Which cannot properly bee said of her Simbolicall and Ministeriall head, the Pope; Whome wee often see to bee absent and present, for a time at least, without destruction of the Church, for who is ignorant that the Apostolike Sea hath sometimes three, sometimes seuen yeares▪ beene vacant? So that the Commaundement of [Page] hauing a Pope is affirmatiue, and not negatiue.

IIII The second principle teacheth, That Saint Peter is only the dispenser and Ministeriall head, not the Lord, Founder or foundation of the Church; Titles which belong indeede vnto one Christ alone, and only the essentiall head; by whome, and for whome the Church subsisteth: for which cause also hee speakes thus to Peter,, Matthew 16.18. Thou art Peter and vpon this rocke will I build my Church, and the gates of hell shall not preuaile against it. Wherein is to bee noted that hee doth not say thy Church, or the gates of Hell shall not preuaile against thee; likewise Iohn 21.15. Feede my Lambes, Feede my Sheepe, hee doth not say thy Sheepe, or thy Lambes: And that purposely, to shew that Ecclesiasticall men are called to a meere and simple dispensation or administration, not to any temporall Dominion or Gouernment meerely and absolute Monarchicall. The Kinges of the Na­tions raigne ouer them, but with you it shall not bee so Luc. 22.25. and 1. Peter 5.2. Feed the flock which depends vpon you, caring for it, not by constraint, but willing­ly, not as Lords of the flocke, but that yee may bee a good example to them. Which places of the Scripture Ber­nard ad Eugen. lib. [...] cap. 5. doth expound after this sort. Goe then thou also, and vsurpe, if thou dare, either an Apostleship being a Lord, or a Lordship being Apostolicall. Thou art plainely forbidden both, and if thou wouldst pos­sesse both together, thou shalt loose both This is the Apo­stolical forme, Dominion is forbidden, ministration is com­maunded and commended by the example of the law-giuer, [Page] Luc. [...]2.27. I am in the midst of you as one that ministreth &c. By which both Saint Peter and Bernard doe set before our eyes a patterne of aristocraticall gouernment▪ which shall bee more largely described afterwards Sect. 5. 6. and 8. I am not ignorant that our Noue­lists, better to defend their priuiledges, doe maintaine that by these words, Feed my sheep, Christ hath giuen the whole Ecclesiastical iurisdiction, solely to Peter alone, to distribute it afterwards at his pleasure to whom he would. But those idle pretences are so plainely and manifestly confuted by the Oracles of holy Scripture, by the testimony of all auncient Fathers, and by the whole practise of the primitiue Church, that it is a great wonder how they dare forge such absurdi­ties. For indeed this speech of our Lord, Feed my sheep &c. doth confer vpon S. Peter, as a ministeriall head a prime and ful authoritie of administring, or executing the diuine, naturall▪ and canonicall law, according to the rules of aristocraticall moderation: Vpon which point looke Sect. 9. Which grounds being thus laid, al those and other like arguments remain very easily an­swered, That Petrus is Petra, the foundation & head of the Church, and therefore without him the Church falleth: Or that as a body being without a head, a streame without a spring, a beame without a Sunne, a branch without a stock, an arme of a tree cut from his body, perisheth and withereth; no more can the Church subsist without a Pope. As though the Pope were the primary, and not the secondary, the essen­tiall, and not the ministeriall, Head of the Church. Whence followes that the commandement of ha­uing [Page] a Pope binds,Ad semper non pro semper, As Schoole­men speake. for euer, but not at all times.

V The third principle makes a distinction betweene the State of the Church and her gouernment [...] the State indeed is monarchicall, as wel to maintaine vni­tie & order, as to execute the Canons, which executi­on is proper enough to the Pope, as to a ministeriall head: But the gouernment is Aristocraticall, for found prouidence, effectuall counsell, and decreeing of those Canons; for which cause wee sayd Sect. 1. That the keyes were giuen to the whole Church to bee vsed by one man. For God hath ordained his Church, his Spouse, to be gouerned by Canon or counsel, that the Pope and other Bishops might not bee able to decree any thing of moment of their own head, or by the ad­uice of some oligarchicall Councell, that is to say of few; but that they should oftē assemble & craue the ad­uice of an aristocratical Councel of the church. Ther­fore doe we read that it was ordained by the auncient Fathers, that euerie yeare two prouinciall Councels shold be assembled. For look what proportion there is betwixt a generall Councel and the Pope, the same is also betweene particular Sinods & their Bishops. For particular Churches likewise must bee gouerned by their own Bishops, with the rule of Canons, not with absolute power. Furthermore we hold, the right and naturall Senate or Counsell of the Church, instructed by our Lord, to be not only the assembly of all the Bi­shops, but of all Priests hauing charge of soules; Of the which the former succeede the Apostles, the lat­ter the seuenty Disciples. Dist. [...]8. Can. Charepiscopi; ibid. Quaest. 1. Can. Ecclesia; and Dist. 23. Can. Presbi­ter. [Page] For the Priests indeede in times past did go [...] the Church in common, as Saint Hierome doct. wi [...]nes. Can. Legimus. Dist. 93.

VI The fourth principle is, That the infallible power of decreeing and making Canon, is in the power of the whole Church, or of a generall Councell repre­senting the same: Wherein principally consisteth the nature of aristrocraticall gouernment, and is most clearely demonstrated, partly by diuine, partly by na­turall light. For indeede many eies can see farther and clearer then one alone, neither is it giuen either from God or nature to any one alone to bee wise, least hee should glo [...]ie in himselfe. Moreouer. The body (of the Church) is not one member only, but manie▪ If the whole bodie were an eye, where were the hearing [...] Cor. 12.24.17. And the spirits of the Prophets are [...] the Prophets; that is to the Church. 1. Cor. 14 [...] There is but one Bishopricke, whereof a part is [...] [...]um, that is wholy, by euery one. 24. Quaest. [...] [...]tur. Wherefore it is necessarie that [...] [...]ncernes all, should be [...] also approued [...], Since euery high Priest is taken from [...] [...]mpassed with infirmitie. Heb. 5.1.2. [...] and bee deceiued, except hee req [...] [...] Church, which is the pillar & groun [...] [...] [...]refore when Christ was readie t [...] [...] [...]hee doth promise the spirit of [...] C [...]urch, not vnto on [...] and only P [...]. [...] And I w [...] pray the Father, and [...] [...]ter, that hee may abide with you for euer, [...] [...]he spirit of truth. And a­gaine. [Page] Mat. 18.15. h [...] doth establish his Church suffi­cient in it selfe, and a chiefe Commandresse, by the erecting of an infalible Court, whiles hee doth so in these following words instruct Saint Pet [...], desirous to know how many times he should forgiue his bro­ther offending. If thy brother trespasse against thee, goe and proue him betweene thee and himself, [...] &c. And if hee refuse to heare the Church, [...] vnto thee as an H [...]then man and a Publican. Verily I say vnto you [...] yee bind [...] shalb [...] [...] in heauen &c. Againe [...] if two of you sh [...] agree in earth vpon any [...]ing whatsoeuer they shall des [...] ▪ it shall bee giuen: [...] which is in heauen▪ For where two or three are ga [...]red together in my [...], there am I in th [...] middest of [...] By which speech wee learne that Christ hath grant, the power of [...] ­communication immediatly to the [...] Or­der, which is signi [...] hare by the [...] Church; for as the [...] of ten dot [...] eminently and causelty com [...] [...]he [...]umb [...]s [...] likewise doth this former speech, [...] the Church, eminently I say, and causally compre [...] all [...] [...]a [...] power [...] euery supe [...] [...] ma [...] ­dued with any iurisdiction, [...] [...] Pope, or a generall Coun [...] ▪ wherein [...] the supreame and infallible co [...]t-co [...] [...] nesse of authoritie all [...] resolue. And this is manifest, because as soone as the Lord had vttered this speech in the singular, Te [...] the Church, hee doth immediatly adde in the plurall, Verily I say vnto you, whatsoeuer yee shall ha [...]de [...]n earth, &c. [Page] Wherby it manifestly appeares that the Church is takē there form [...]lly & properly for man; [...]en gathered together, not for any one man alone. Therefore with the same c [...]rent of speech, Christ giues also to the Church the power to assēble it selfe in a Councel, and there infalibly to decree; Again I say vnto you, If two of you shall agree together on earth &c. for where two or three are gathered together in my name, there am I in the midst of them. Neither is it to be past in silence that Christ in this text doth denote the Aristocratical Councell established by his owne diuine law, not the oligarchicall, afterwards instituted by men; And that hee hath pur­posely expressed a certaine number, and that the least of numbers, for an vncertaine, to take away from contentious men all occasion of shifting & auoiding; and to shew that for a lust gouerning of the Church, the consent & agreement of two or three at the least is required, not of the Pope solely and alone. Truely to what side soeuer the aduersaries will turne them­selues, they must needs confesse that these words, for where two or three are gathered together in my name, doe necessarily exclude that absolute and infallible authority of the Pope alone, and do proue that the Church cannot bee bound against her will, nor without her consent & aduice required, which euery way agreeth with the natural law, & is sufficiently cōfirmed by the practise of the Ancient Church. For the Councell of Ierusalē with the consent & voices of al the Apostles and Priests concludes with this stile. Act. 15.28. It seemed good to the holy ghost and to vs. Moreouer the Fa­thers of the Africane Church, amongst whome was [Page] Saint Austen writ vnto Pope Celestin 1. in these words. That it is not credible that God doth inspire the I [...]stice of examination into any one man, and deny it to an [...]nume­ [...] number of men lawfully gathered together is a Coun­cel [...]. The opinion also of Pope Zozimus make for the confirmation of this doctrine, when writing to the Bishops of France hee confesseth himselfe p [...]ainely to bee infe [...]our to the Councell, and the au [...]horitie of the Apostolicall Sea not able to derogat [...] from the holy decrees of Councells, 25 Quaest. 1. C [...]. To decree or change any thing against the decrees of the fathers, no not the very authoritie of this [...] is able to doe it. Holy antiquitie, liues with v [...], vnshaken in h [...] foundation, whereunto the decrees of the fathers ha [...]e ordained all reuerence. To this may well bee added the answere of Gregorie the great, Who confesseth that he reuerenceth the foure generall Councells, euen as the foure bookes of the holy Gospell; for being constituted with vniuersall consent whosoeuer presumes to loose that which they bind, or to bind that which they loose, doth but destroy himselfe and not them Dist. 15. Can. Sicut Sancti Euangelij. And true­ly if one will, neuer so little, peruse the acts of gene­rall Councells, he shall easily perceiue, that the Pope doth not solely and himselfe alone make decrees of the Catholike faith in those generall Synods, but doth inferre and conclude them by the induction and con­sent vniuersally taken of all particular Churches. Which indeede is the most certaine and most euident proofe of an Aristocraticall gouernment, and is con­firmed. Can. Maiores. 24. Quaest. 1.

VII But if some perhaps will yet argue that Christ did [Page] pray for Peter. 22. Luc. 32. that his faith should not faile, and commanded him to confirme his brethren. Wee an­swere to the first part, that this promise of Christ according to the litterall sence of the Scripture, doth not extend farther then the time of the Lords passion; Wherein the scandall of the Crosse was most furi­ously to rage against all the disciples, and principally against Peter, who thrice denied his Master. Where­upon the Lord speakes after this manner to them all. Mat. 26.31. All yee shall bee offended in me this night, for it is written, I will smite the Shepheard, and the sheepe of the flocke shalbe scattered. But Peter answering sayd vnto him, Though all men should be offended in thee, yet will I neuer be offended; Iesus said vnto him, verily I say vnto thee, that this night before the Cock crow thou shalt denie mee thrice. Moreouer, Luc. 22.31. Simon, beholde, Sathan hath desired you, to winnow you as wheate, but I haue praied for thee, that thy faith faile not, wherefore when thou art conuerted, strengthen thy bre­thren. Wherein is principally to be noted that Christ did not say to Peter, I haue prayed for thee that thou maist neuer erre, or be subiect to be deceiued; But on­ly I haue prayed for thee, that thy faith faile not: And that Peter indeede did erre, yet his faith neuer failed him, in regard of the habite, but only of the act, for he did only denie the Lord with his mouth, not with his heart. To the second point, who will aduisedly examine that which preceedes and followes this text, euen at the first sight hee shall find that after Saint Peter was out of that dangerous staggering of his trebble deniall, and come againe to his right sen­ces [Page] as from a most deepe and dead sleepe, hee was farre more able both to settle and stay his wauering fellowes, and to call againe to the Church all his scat­tered brethren, that there together they might expect the resurrection of the Lord. Therefore that argu­ment of theirs is fallacious, being inferred a dicto se­cundum quid, ad dictum simplicitèr, from that which is said in some respect, to that which is affirmed sim­ply. For that priuiledge did reach no farther then Saint Peter himselfe and alone, because of the immi­nent scandall of the Crosse. And sure if the Pope alone and not the Church, iointly taken, be infalible, It followes that Saint Paul sinned most greeuously, Galat. 2.11. telling vs so plainly that therefore Saint Peter was reprehensible, because hee went not the right way to the truth of the Gospell; Which words are most worthy to be noted. Besides that, this repre­hension, as the Parisian Chauncelor well obserueth, is equiualent to an appeale to a Councell. For if Saint Peter had at that time resisted Saint Paul iustly reprouing him, no doubt but the Church, gathering herselfe together in a Councell, would haue taken vp the difference betwixt them, as a little before she had decided the controuersie about the obseruation of le­gall Ceremonies. Act. 15.1. In this place, as for a lit­tle accessorie and enlarging of fauour, wee may adde that Saint Peter by the right interpretation of the Scripture and Canons, may strengthen in the faith particular persons, or a Church, which are gone a­stray; and in that sence Saint Hierome in an Epistle to Pope Damasus doth require of him leaue to say, or [Page] not say Hypostases in the plurall number, which is as much as the interpretation of the Nicene Creede; I desire, saith he, from a Pastor the assistance hee owes to a sheepe; Consider of it according to your iudgement, I shall not feare to say three Hypostases, if if you bid me: And the same hath euer beene the regard of Theodoret, and of all the rest, when at any time they haue had their refuge to the holy Apostolicall Sea.

VIII The first principle shewes, That often celebration of Councells is absolutely and simply necessarie, for the better and more holy gouerning of the Church, for as Aristotle saith in his Politikes, It is farre more expedient to be ruled by lawes, then by the absolute power of any whosoeuer. For lawes indeede are in­stead of God, and are not possessed either with loue or hatred, or any other humane passion. Whence it comes that you find so oftē these Phrases in the Actes of the Councells, To doe any thing besides the Canon, without the Canon, against the Canon, according to the Canon. By which stile is shewed that the Church must bee directed by Canon, and that in auncient times nothing was decreed without a Councel, and Aristocraticall moderation. Hence also is it that we reade how the Bishops of France wrote vnto Pope Nicholas that the Bulls and Decretalls of Popes doe no way bind vnlesse they agree with the discipline of Canons, and Councells formerly receiued and ap­proued. Can. Si Romanorum Dist. 9. To which also ought to bee referred the Canon Omnia. Quaest. 1. Whereupon looke Flodoardus lib. 3. cap. 21. pag. 231. Whō Father Sirmond a Iesuite hath euen of late pub­lished, [Page] since indeede the Pope which is but the mini­steriall head cannot bind the vniuersall Church with­out calling her, without hearing her, and without ta­king her counsell and consent. For then are the lawes established when they are published, and then confirmed, when approued by the practise of those that liue vnder them. As Austen witnesseth, Dist. 4. Can. In istis And therein stands principally the libertie of the Catholike Church, or the Aristocraticall gouernment, and is the speediest and gentlest meanes to vnite and pre­uent Schismes againe. Vpon the ground of which principle Hinemarus Archbishop of Rhemes an­swereth to another Hinemarus Bishop of Laon, his Nephew, That the decretall Epistles of Popes repor­ted to be set forth before the Councell of Nice are but of small credit, because they agreed not with the holy Canons. Whereupon looke likewise Flodoard lib. 3. cap. 22. fol. 243 verso &c. 244. recto. And from thence also wee may plainely learne what law our French Predecessors haue euer vsed.

IX The sixt principle defines the fulnesse of the Popes authoritie. First, towards the particular Churches dispersed through the world, but no manner of way towards the whole Church gathered together in a Councell; Secondly, in the matter of execution, in­terpretation, and dispensation; but no wayes to the constitution of Canons, vnlesse either by himselfe, or by his Legats hee preside in the Councell, and gather the voyces and consent of all the Fathers as we haue proued Sect. 6. But the Pope may dispense with the decrees of Councells in such a case only as the Coun­cell [Page] it selfe might dispence, were it assembled; And that is confirmed by the opinion of Pope Zozi­mus, which wee haue commended Sect. 6. As also of Leo 7. Can. Priuilegio. Dispensation, saith he, is comit­ted vnto vs, and it shall be laid to our charge, if the Ca­nons decreed by the fathers be violated, either with our consent or carelesnesse. Saint Bernard lib. 3. ad Eugen. cap. 10. What? saist thou, doest thou forbid vs to dispense? No, but to dissipate. I am not so ignorant that I doe not know that you are placed to be dispensers, but to edification, not to destruction. Finally it is required at the hands of dispensers that they bee found faithfull. Where necessitie vrgeth dispensation is excusable; when vtilitie inciteth it is commended; common vtilitie, I say, not priuate. So that in these two points which wee haue treated of in this discourse, all the Monarchicall estate of the Church, or the fulnesse of the Popes authoritie, doth princi­pally consist; not in an absolute power, which many of our Noualists now, against both diuine and natu­rall law, striue to intrude into the Church. Certainly eight hundred yeares agoe and aboue, that is euen be­fore the translation of the Roman Empire to our Na­tion, the Popes did but call them selues maintainers and executors of the Canons. Finally by tract of time, when all Christendome lay altogether buried in the logs of darknes and ignorance, they gathered to themselues absolute authority to decree of all things; Especially since the time of Gregorie the se­uenth, whole life, largely written by Onuphrius, those that are curious of the truth of the Storie may read: And they shall further obserue that the Pope regular­ly [Page] and ordinarily hath the power to call the generall Councells, in so much as hee hath power ouer the particular Churches dispersed ouer the face of the whole Earth. Now the summe of all this disputation is, that from the monarchicall State of the Church, all vnitie and order, with a powerfull execution of the Canons doe proceede. But from the Aristocraticall gouernment proceedeth most holy counsell, infalible prouidence, and finall decision; Whereby the Christian Common-wealth is gouerned to a perpe­tuall edification, not destruction.

X The seuenth principle teacheth vs, That the Church taken either for the whole companie of the faithfull, or for the Christian Common-wealth, is contented with her sole only head, and essentiall foundati­on our Lord Iesus Christ, Neuerthelesse in the matter of exercise and execution of gouernment in this Christian Common-wealth, shee is differently ruled by two diuers persons, that is by the Pope, and the Ciuill Prince, Can. Duo sunt Dist. 96 and Can Principes, 25 Quaest. 5. Conformably to the commaundement of the Lord Mat. 22.21. Giue vnto Caesar the things which are Caesars, and to God those that are Gods. For by this, as by a mutuall band of loue and obligation, the Lord was pleased to knit together the Church & the Ciuill power; that Princes & Church­men should not quarrell one against another. Which wholesome distinction, whosoeuer they be that know not, or doe dissemble, or confound, doe runne vpon huge and most perilous rockes, and make Church men, as factious and dangerous persons, suspe­cted [Page] to the Ciuill Princes.

XI But for our 8 principle, Let vs enter a little further in this point: for since the Euangelicall law hath no other end but euerlasting life, and the soule of man for his matter and naturall subiect; It ought wholly to apply it selfe about the direction of the inward motions of the conscience, but no wayes in any out­ward force or violence; And therefore iudgeth only of meanes necessarie to saluation, conformably to the essential & spiritual causes of Christian religion; that is persuasiuely only, and directiuely, in preaching of the word, administration of Sacraments, and, if need require, exclusion of Communion with the Church by vertue of censures, the spirituall armes of the Church; which in ancient times it was a great crime to exercise without mature counsell and Aristocra­tical moderation of the Priestly order, as we haue spo­ken Sect. 5. And so much the nature of Aristocrati­call gouernment did require, and euer since that hath beene discontinued, the learned know what distur­bance of Ecclesiasticall discipline hath ensued. Now this doctrine is grounded, partly vpon the definition of the Church deliuered, Sect. 3. partly vpon many strong and euident Oracles of the Scripture. Doth not our Lord distinctly auerre to Pilate, Iohn 18.36. that his Kingdome is not of this world? And Luc. 9.58. The foxes haue holes, and the birds of heauen nests, but the sonne of man hath not whereon to lay his head? As though hee would say, That the Church, as from God, hath neither territorie, nor vse of sword, of pri­son, or of any corporall punishment: for the soule, [Page] which is the only and proper subiect of Euangelicall law, is only moued by an inward, not by an outward beginning: but the right of the materiall sword ne­cessarily followeth the territorie, as they effect the cause. Hence was it that the Lord did answer [...] to one of the people that desired him to bid his brother to diuide with him their fathers inheritance, Luc. 12.14. Man, who made me a Iudge, or a diuider ouer you? As though hee had said, That the Church which hath for her subiect the soules of men, not earthly Domi­nions, ought not to iudge of earthly inheritances and possessions. For walking in the flesh, yet doe wee not warre after the flesh; for the weapons of our warfare are not carnall, but mightie through God to cast downe holds, casting downe the imaginations and euery high thing that is exalted against the knowledge of God, and bringing into captiuitie euery thought to the obedience of Christ. 2 Cor. 10.3. Where is to be noted, that by the materiall sword the bodies may bee compelled, yea killed, but by no such meanes the thoughts to be cap­tiuated to the obedience of Christ; for that is only effected by the wholesome food of the Word and Sacraments. And to this the witnesse of Paul, Phi­lip. 3.20. Our Politeuma, that is Christian gouernment, is wholly in heauen, from whence wee looke for the Sauiour Iesus Christ our Lord; And so indeede would our Lord haue it, that Church men should not meddle in violent and temporall matters. ‘Will you haue also the testimonie of Saint Bernard? They shall neuer shew, saith he, when euer any of the Apo­stles hath sitten as a Iudge of men, diuider of [Page] bounds, or distributer of grounds. Finally I reade that the Apostles did stand before the Iudges to bee iudged, but not that they did sit iudging others. Therefore your power reaches no further then to sinnes, not to possessions; because for those, not for these, you did receiue the keyes of the Kingdome of heauen, to shut out offendors only, not pos­sessors. I pray thee, which power and dignitie dost thou esteeme greater, to remit sinnes, or to diuide possessions? But there is no comparison therein. These earthly and inferior things haue their iudges by themselues, the Kings and Princes of the earth, Why doe yee inuade other mens liberties?’ Against those diuine oracles, though more cleare then noone-light, two obiections principally are made; The first, that Ananias and Saphira his wife were punished with death by Saint Peter, because of their lie to the holy Ghost Act. 5. The second, that the Apostle see­meth to teach Christians, whilest they liued vnder Heathen Princes and Magistrates, that they might choose Iudges among themselues in their ciuill busi­nesses, 1. Cor. 6.4. If then yee haue iudgements of things pertaining to this life, set them vp which are least esteemed in the Church. We answere to the first that such a great action of Saint Peter was altogether miraculous, extraordinarie and wholly by the inspi­ration of the holy Ghost; And therefore not ap­pliable to ordinarie right, nor can no more be drawne into argument in either, then these words, Ierem. 1.10. Behold this day haue I set thee ouer Nations and King­domes, to plucke vp, to roote out, to destroy and to thre [...] [Page] downe; Or that place of the two swords. Luc. 22.38. seeing both places must be vnderstood Allegorically and spiritually, but that from an Allegoricall and mi­sticall sence there can no forcible argument bee drawne, the very children know it. Neither is there any reason that the authoritie of Saint Bernard should breed any scruple in any mans minde, lib. 4. cap. 4 ad Eugen. ‘Put vp thy sword into thy sheath; The sword therefore is also thine, to bee perhaps vn­sheathed at thy direction, though not with thine owne hand. For both spirituall and materiall swords belong to the Church; But the one to be drawne for the Church, and the other by the Church. That by the hand of the Priest; this, of the Souldior, though indeede by the Priests apointment, but by the Em­perors commaundement.’ For indeede these words doe but shew, That the Church hath right to giue the signe, that is to say, to teach and perswade when the Ciuill Prince ought to draw his sword for the glorie of God. Whereof wee will speake in the Section following. And truly when Church-men did excell in holinesse of life, Christian Princes, to re­moue all suspition of iniustice from their consultati­ons and enterprises, did vse, and that very iustly, the counsell of Clergy-men both in peace and in warre. But as iustly againe haue they left to take it, since Churchmen gaue occasion to suspect that they affe­cted that temporall Monarchie, whereof Eugubinus, Bozius, Garrerius and the very Cardinalls Bellarmine and Baronius haue written most laborious bookes. Which opinion, euen though it were true, yet wise­dome [Page] and reason, should haue taught those authors, at least in those most vnlucky dayes, to abstaine from such manner of writing. The second argument de­ceiues ab ignoratione Elenshi, through vnskilfulnesse of arguing; for howbeit those testimonies of holy Scripture, aboue commended, conclude manifestly, that the Church by diuine right hath neither territo­rie, right of sword, nor contentious Court: yet they doe not denie but by humane right and graunt of Princes, shee may very well haue it. Now for this place in question, the Apostle doth not speake of the diuine right, but of the humane and arbitrarie right, as when by a mutuall agreement of the parties, pri­uate arbiters are chosen friendly to decide differences and controuersies, without troublesome going to law. For euery man will easily obserue thus much, that shall reade the 6. chap. of the 1. to the Corint. consi­deratly and without all preiudice, only bringing with him a desire of the truth.

XII Now let vs passe to the ciuill power. Truly since the ciuill Prince is the Lord of the Common-wealth and Countrie, protector and defendor of the diuine, naturall and canonicall law, And to that end doth beare the sword; It is he alone that hath the power of constraining and restraining, by inflicting corporall punishment. Wherefore, for the good of the Church and execution of Ecclesiasticall Canons, he may make lawes, and inroll them among his Ordi­nances, Records & Charters, as we find that the Em­perors, Constantine, Theodosius, Iustinian, Charles the great, Saint Lewis, Charles 7. Francis 1. and others of [Page] our Kings haue done. Whereupon Saint Austen Epist. 48. ad Vincent. The Kings of the earth ought to serue Christ, euen making lawes for Christ, according to the admonition of Dauid, Psalme 2.10. Be yee wise now therefore yee Kings, be learned yee Iudges of the earth, serue the Lord in feare. Eusebius likewise cap 24 lib. 4 of the life of Constantine the great, rehearseth that that Noble Emperour was wont thus to speake vnto his Bishops; Yee are established Bishops by God, within the Church, and I a Bishop without. As if hee would say, that it is the dutie of Christian Princes, by vertue of their owne offi [...] [...]o make ordinances for the execu­tion of the diuine, naturall and Canonicall law; and if occasion require, draw the sword: yet keeping still the moderation of the parable of the tares Mat. 13.30. That is to say, without breach of the publike peace. And the same is confirmed by the same Saint Austen Epist. ad Vincent. euen now named. All which things being well conceiued, It is easie to perceiue both in what sence Optatus Mileuitanus affirmeth, That the Church is within the Common-wealth, that is, as it were vpon another mans ground, Territory, and Do­minion; And also whether Christian Princes did in times past assemble the Councells of Nice, Constantinople, Ephesus, Chalcedon, and other generall Synods, rightfully or wrongfully: for that indeede concernes the execution of the diuine, naturall and Canonicall law.

XIII Here for a corrollary and short addition wee will adde one word more, which is, That the naturall li­berties of the Catholike Church, or the common [Page] right giuen her by God and Nature, are clearely strengthned in these eight grounds and principles, so that none can except against them, but withall hee must needs infringe the whole diuine, naturall and canonicall law. And this, looke how often it hath hapned, so often hath it giuen iust occasion to our Frenchmen to appeale from it as from an abuse; Of which appeales the Prince and Ciuill Magistrate, as being the protector of the Church, and defendor of the Canons, hath the supreame moderation. For hee iudgeth of the abuse only, and that belongs to the execution of the case. And inde [...] that manner of proceeding among our French hath caused the be­ginning of the liberties of the Gallicane Church, as they are commonly termed. As also I heare that Spa­niards & other christian nations, when any thing pro­ceeds from the Court of Rome, which is against their customes and orders, are wont to labor by intreatie that it might not be put in execution. Whence it appeares that in the matter it selfe they agree with vs, but disagree only in the forme and manner of pro­ceeding.

A Confutation of the contrarie opinion.

XIIII THose that maintaine the contrarie opinion, that is the Popes absolute power, First doe confound the State of the Church, with the gouernment of it: forsooth because Christ did adopt Saint Peter, for a Pastor of the Church, and his Vicar, Iohn 21.15. he himselfe being the absolute King and Monarch thereof; therefore they conclude that abso­lute and purely Monarchicall commaundement be­longs vnto Saint Peter, as being Christs lieftenant, And by and by that the Pope hath not only the whole Ecclesiasticall power, but also all authoritie ouer the temporalty, indirectly at least, and in ordine ad spiritualia, with relation to spirituall things, as the most reuerend Cardinall Bellarmine teacheth.

Secondly, they inferre that there is no need at all of holding Councells for the better and more holy gouernment of the Church, since the Lord hath de­liuered vp vnto Peter solely and alone, the infalible authoritie and power to confirme his brethren. Luc. 22.32.

Thirdly they conclude that if Councells bee assembled at any time, the Church neuer so lawfully gathered there hath no right at all to decide of any thing, the Pope being either absent or not consenting.

Fourthly, that the Pope may abrogate at his plea­sure [Page] all Canons of generall Councells concerning Ecclesiasticall policie, and altogether disanull them, and make all new.

Fiftly, that the Pope hath not only power ouer all the particular Churches scattered ouer the world, but euen ouer the generall Councell, and that hee himselfe is in no case subiect vnto the Councell.

All which weake grounds it is most easie for any to beate downe, hauing once well conceiued of our former principles. For in the first place, they all aime but at this, to ascribe that very same power to Peter, as the ministeriall head, which only indeede belongs to one Christ alone, being Lord, and founder of the Church, which is sophistically inferred a dicto simpli­citer ad dictum secundum quid, from that which is af­firmed simply, to that which is said but in a manner. But, I pray you, is there not a great difference betweene the Master and the Steward, that is, betweene Christ and Peter? For the Church is by Christ, and for Christ; but Peter by the Church, and for the Church, as the eye by man, and for man.

For confutation of their second principle, you may reade it Sect. 7.

The third, the fourth, and the fift, bee not worth answering, being all fallaciously inferred a dicto simpliciter, ad dictum secundum quid, from that which is affirmed simply, to that which is said but in a manner as though Peter had the same power ouer the Church, which Christ hath. And surely if we loue the truth, we must freely say that by nature a desire is giuen to all men to be free and happie; but who may naturally bee [Page] happy without freedome? But if the infallibilitie of decrecing, doe decide out in the Pope solely and a lone, no body then shall halfe the power of delibera­tiue voice in the assemblies of the Church, which is against the pleasure of the Lord Matt. 18 18. Where­vpon looke our [...] Section. So that if this opinion take place, it followes that Christ hath suffered all his extremities only to submit his Spouse the Church, that is to say all Christians, to the soueraigne Empire of the Pope Which is directly contrarie to the law of God and Nature.

XV But now because of all the arguments of our Ad­uersaries, three principally seem to be of som waight, we will also examine them. First, that Peter hath been ordained by Christ, to bee the Sheep-heard ouer the whole Church, in these wordes. Feede my sheepe, and that by that diuine speech neither Apostles nor gene­rall Councels are excluded being all Christs sheepe, and therefore to be fed by S. Peter the Vicar of Christ. To that we answere, that by these wordes Christ did giue no other authoritie but ministeriall vnto Peter, as we haue proued Sect. 4.5. and 9. And that the duty of a Minister and Vicar is to put in execution the precepts of the Diuine, Naturall, and Canonicall law, but yet according to the rules of the Aristocra­ticall temper ordained by God: And that therefore Peter is accounted a Pastor, only for the execution of Canons, administration of the word, and other such things, which may better be managed by one man a­lone, then by the whole Church gathered together in a Councell.

[Page]Their second argument is, That the whole Church gathered together in a Councell, makes but one Fa­milie, one Flocke, one Kingdome, and visible bodie of Christ; therefore must also necessarily haue a visi­ble head, the Pope: and, it would seeme a strange Monster, if one bodie should haue two supreme heads, the Pope, and the generall Councell. Wee answere, that the Church is a Monarchicall policie tempered by an Aristocraticall Gouernement. Whence of necessitie it followes that the Coun­cell hath the supreme power for direction of Go­uernement, correction, and authoritie, to make Canons; And as for Peter, hee hath it only for the execution, exercise, and vse of the [...]ies towardes the particular Churches. Looke our Sect. 4.5.6. and 9.

XVI Thirdly, they alleage that in the Councell held at Rome vnder Pope Siluester with 280. Bishops it is or­dained, cap. 20. Let no body iudge the first Sea, which is desirous to temper iustice; The Iudge shall not bee iudged, no not of the Emperour, not of the whole Clergie, nor of King, nor of People. Which sentence Gratia­nus citeth 9. quest. 3. Can. Nemo. But if wee must needes tell you what wee thinke thereof, whosoeuer wi [...]l duly consider that Canon, shall euen at the first sight perceiue that it is more hurtfull then fauoura­ble to the Aduersaries; because the opinion of the Schoole of Paris, grounded vpon the decree of the Synode of Constance, teaches, that the Pope may bee iudged by the Councell in that case only, when he doth notoriously scandalize the Church, and is in­corrigible. [Page] But if he be desirous to temper iustice, truly he must be iudged of no body, since he law is not made against a i [...] man, being a perpetuall law to himselfe. Secondly, although this Canon should decree absolutely, yet can it not derogate any thing from the authoritie of the decrees of the Coun­cell of Constance; since it was made in a particular Church, which indeede ought not to iudge of the Pastor of the whole Church, vnlesse hee submit himselfe to the iudgement of that Councell, as once Pope Sixtus the third did. 2. quest. 4. Canon. Mandaslis. Therefore those wordes, No not of the whole Clergie, must hee vnderstood distributiuely of some Church, or particular Clergie, but not ioyntly of a whole generall Councell, as that of Con­stance, or Basill was. Thirdly, who is acquainted with the reading of Councells, shall soone perceiue, that there are many harsh and vnproper thinges in this Canon, which make it iustly suspected of ma­nifest i [...]eption. For certainely in those times the Fathers of the Church did not speake so glorious­ly, neither did the persecutions giue them leaue to thinke of any absolute power. Moreouer, what needes to haue spoken of Kinges, since at that time there were none at all, but only the Romane Empe­rors? But thou, Christian Reader; we pray thee looke thereupon Cardinall Cusanus. lib. 2. cap. 20. de concor­dantia Catholicas.

For all other authoritie, which are cited out of the writings of Popes, & read 9. quest. 3. there is no great account to be made of them, since Iohn Gerson, and [Page] other Parisian Doctors doe answere in a word, That none is to be beleeued in his owne cause, except his testimonie agree with the Diuine, Naturall, and Ca­nonicall law. But now it is contrarie to the law of God and Nature, that the ministeriall head should haue power ouer the Church.

XVII And surely the finall cause of the Church, which is euerlasting life by a good gouernment, declares e­uidently, that the Pope is by the Church, and for the Church; not contrariwise, The Church by, and for the Pope. Therefore in the matter of Ecclesiasticall gouernment, that Cephas, that was Peter, is subiect vnto the Church, as the eie vnto man. 1. Cor. 3.21. Therefore let no man glorie in men, for all thinges are yours. (that is of the Church) Whether it be Paul, or Apollos, or Cephas, &c. Item, 2. Cor. 13.10. All power is giuen to edification, not to destruction. From whence it ariseth, as proued, that the Church by the Diuine, and Naturall law, can prouide, and preuent, that the Pope may not rule her to her owne destru­ction, as it was decided Conc. Constant. Sess. 4. and 5.

XVIII Finally, whereas they crie so loud, that the Church hath an indirect authoritie ouer the Temporaltie, it is true by way of doctrine, perswasion, direction, and exclusion from the communion of the Church, but false that it ought to be done by constraint, and de­position of Princes, as we haue shewed Sect. 11. & 12 Seeing the Church hath neither Territorie, nor vse of the materiall sword. Whosoeuer therefore doe maintaine, that the Church may lawfully depose Christian Princes, doe euen as much as if one should [Page] inferre, that the Schoole-master, because he hath the authoritie of Scholasticall discipline, may disinherite his Disciples of their partrimonie, if they be obstinate against his discipline; Which also is fallacious, as be­ing wrested à dicto secundum quid, addictum simpliciter, from that which is said in some respect, to that which is affirmed simply. For such thinges which are true in some one and peculiar sense, ought not to be stret­ched to an vniuersall and absolute sense, but by So­phisters and Iuglers only. And if they vrge further that the Church is sufficient in it selfe, and a supreme commandresse. The answere is, that that must be limitted within those bounds which be assigned by na­ture to euery thing: But the essentiall causes of the Church, will not suffer that church-men should med­dle with violent or secular businesses. Wherefore all the sufficiencie of the Church gouernment ought to be deriued from the obseruation of the commande­ments of God, but not from any temporall Monar­chie, or right of sword. Mat. 28.19. Goe therefore and teach all nations, baptizing them, and teaching them to obserue all thinges whatsoeuer I haue commanded you, and lot I am with you alwaies vntill the end of the world. For the arguments which doe vphold this doctrine, wee will reduce them to three heads. The first shall con­taine all the examples which Sanders, Bellarmine, Co [...] ­queus, and others set forth out of the old Testament, but all ab ignoratione Elenchi, through vnskillfullnesse of arguing. Who is ignorant among vs, that there is a farr different nature of the Iewes Sinagogue, and of the Christian Church, of the law of Moses, and of [Page] the Gospell. For these indeede had Territorie allo [...] ted them, & consequently might haue right of meere command from God; which no wise man will euer affirme of the Church. And to this that the Euange­licall law compared to that of Moses, yea to any o­ther law whatsoeuer, is a law truly Roiall and full of mildnesse, and most perfect libertie, whereas the law of Moses was a most seruile bondage, Act. 15.10. Gal. 4.3.

The second head offereth vnto vs the authorities taken out the Canonicall law, which Cardinall Bel­larmine commended, namely cap. 3. Synod. Lateran. where it is ordained that Kings and Princes are to be deposed, which doe not roote out all Heretikes from their Dominions. The answere is, that these and the like ought to haue no more power against ciuill Prin­ces, then the extrauagant of Boniface 8. Vnam Sanctam, or the constitution of Paul 4. Cum ei Apostolatus of siue, which is to be read in the Directorie for Inquisitors: seeing those decrees haue been made not Synodical­ly, that is, with consent of the whole Church, but by the Popes priuately, and by their owne proper mo­tion; which therefore doe not binde, because the Church is ruled by Canon, not by absolute power. Sect. 5. and 8.

For the third head; we denie absolutely that the de­position of King Chilperi [...], or the translation of the Empire to the French, was by the only authoritie of the Popes, without consent, authoritie, or desire of the people: And though it were true as they say, yet would it make but very little or nothing to the deci­sion [Page] of our present Controuersie, since it rather ope­neth a question of fact then of right; as also the ex­amples of the deposing of Henrie 4. Frederick 2. and other Emperous or Kings. Let therefore our Aduer­saries dispute of right, not of fact: for our Lord Iesus Christ hath ordained the Christian commonwealth, to be gouerned by good manners, and Canons, not by examples.

The solution of all other arguments drawen either from holy Scripture, or any where else, may be taken out of the most learned Treatise of M. Iohn of Paris touching Regall and Papall authoritie.

Let all these thinges be subiect vnto the iudgement of the Catholike Church.

FINIS.

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