also in readinesse that is in manifest and speedy effect to reuenge all disobedience that is to punish the offences of them who would not obey vs that they might correct themselues Which we will doe when your obedience shall be fulfilled that is when all the rest of you shall by loue be obedient in all things Thus S. Anselme Now what learned man will thus conclude that because S. Paul and the Apostles had a most ample extraordinarie and miraculous authoritie power might and effectuall meanes to conuert men to the faith of Christ and to reuenge or punish all that were disobedient with temporall punishments euen by death as S. Peter did Ananias and Saphyra or by depriuing them of their sight as S. Paul did Elimas the Magician or by deliuering them to Sathan to be visibly tormented by him as S. Paul did the incestuous Corinthian that therefore the ordinarie Pastours of the Church haue now either an extraordinarie or ordinary authoritie power might and effectuall meanes to doe the like 35 I omit that S. Ambrose or whosoeuer is the Authour of those Commentaries expoūdeth those words to reuenge all disobedience when your obedience shall be fulfilled of the Corinthians themselues who being perfectly conuerted shall punish in themselues their former disobedience It is manifest saith S. Ambrose that he reuengeth disobedience when he condemneth it by obedience then destroying it when he bringeth to the faith those who doe resist or disobey that infidelitie may be condemned by them by whom it was defended The same also doth S. Anselme insinuate as you haue seene aboue 36 But S. Augustine saith Mr. Fitzherbert vnderstandeth those words of the Apostle hauing in a readinesse to reuenge all disobedience of the authoritie left by our Sauiour to his Church to compell her rebellious and disobedient children to performe their duties True it is that S. Augustine applyeth those words of the Apostle to the authoritie of the Church to compell heretikes by temporall punishments to returne to the faith of Christ taking the Church as it containeth all the faithfull and consisteth both of temporall and spirituall power but it is not true that he vnderstandeth them of the authoritie of the Church as the Church is taken for Church-men or the spiritual Pastours of the Church Wherefore Mr. Fitzherbert doth herein egregiously abuse his Reader For S. Augustines maine drift both in that 50. epistle in the former 48. epistle is only to proue against the Donatists that heretiks may lawfully be compelled with temporall punishments by the lawes of Christian Emperours to returne to the Catholike faith and that the Pastours of the Church did well in requesting Christian Emperours to make such lawes Wherefore the argument of the 48. epistle to Vincentius is that S. Austin was once of opinion that we must not deale with heretikes by violence but only with the word of God but afterwards being ouercome with the doctrine and example of others he changed his opinion and taught that it is lawfull to implore the lawes of Princes against the enemies of the faith so that it be done with an intention to correct and not with a desire to reuenge And the argument of this 50. Epistle is that S. Augustine sheweth with what moderation heritickes may through feare of Emperiall lawes be reduced to the communion of the Church And in his second booke of Retractations Cap. 48. mentioning this Epistle to Bonifacius he writeth thus At the same time I wrote also a booke meaning this 50. Epistle concerning the correction of the Donatists by reason of those who would not haue them to be corrected by the Emperiall lawes This booke beginneth thus Laudo gratulor admiror fili dilectissime Bonifaci 37 Iudge now good Reader what a shamefull fraud is this of Mr. Fitzherbert to make ignorant Catholikes beleeue that S. Augustine bringeth those words of the Apostle to prooue the authority left by our Sauiour to his Church that is to Churchmen or to the spirituall Pastours of the Church for so hee vnderstandeth the word Church in all this his Discourse to compell her rebellious disobedient children by force of temporall punishments to performe their duties whereas S. Augustines intent onely is to prooue the lawfulnesse of the Emperiall lawes compelling heretickes by temporall punishments to returne backe to the faith and that Church-men or the spirituall Pastours of the Church may lawfully implore the Emperiall lawes and desire Christian Princes to compell heretickes to forsake their heresie by force of temporall punishments so that they desire it with intent to correct them and not with a desire of reuenge 38 But if the Ecclesiasticall authority saith Mr. Fitzherbert y Pag. 90. did not extend it selfe to the chastisement of disobediēt Princes in their temporal states it must needs follow that Christ had not sufficiently prouided for the gouernment of his Church yea much worse then temporall Kings are went to prouide for the administration of the Prouinces or states subiect to them who when they appoint lieutenants or deputies any where do giue them authority ouer all sorts of subiects so much power as may suffice for the remedy of all inconueniences and specially of the greatest which may occurre in the States where they gouerne c. But this consequence I haue euer denied For as I haue often said to the good gouernment of the Church of Christ which is a spirituall not a temporall kingdome or common-wealth it is onely required that the Pastours or Gouernours thereof haue authoritie to inflict spirituall and not temporall punishments and this authoritie forasmuch as concerneth the authoritie and punishments themselues is sufficient to redresse all inconueniences neither is it necessarie either in a spirituall or a temporall kingdome that the chiefe Gouernours thereof should haue that power might or effectuall meanes whereby all inconueniences must actually at all times be redressed 39 And therefore as temporall Kings doe giue to their Lieutetenants Deputies or Vice-Royes sufficient temporall authoritie ouer all sorts of subiects in the Prouinces or States where they gouerne but not alwayes so much power taking power not for authoritie or iurisdiction but for might force or effectuall meanes as may suffice for the remedie of all inconueniences for this power the Kings themselues doe often times want in those Dominions where they themselues doe personally gouerne so Christ our Sauiour ordaining in his Church a spirituall and not a temporall Gouernment gaue to the spirituall Gouernours thereof sufficient spirituall authoritie and iurisdiction to redresse all kind of inconueniences in all sorts of subiects as well the highest as the lowest but not sufficient power might or effectuall meanes actually to redresse the same And as the Lieutenants Deputies or Vice-Royes of temporall Kings if they offend cannot be punished with temporall punishments by any subiect in the States where they gouerne but by the King alone to whom onely they are subiect in temporalls So
opinion are vncertaine and fallible and therefore although the Popes definitions made with mature deliberation and graue counsell may be a sufficient ground for Catholikes to thinke with opinion that the doctrine which he defineth is true if they haue no conuincing reasons to perswade them to the contrary yet they cannot be sufficient for Catholikes I doe not say to thinke probably but to beleeue assuredly with Catholike faith the doctrine which he so defineth without the approbation of a generall Councell to bee true The second difference is that albeit euery Catholike ought to be so firme and stedfast in his Catholike beliefe that hee must needes beleeue the contrary doctrine not onely to be false à parte rei but also to be improbable yet he ought not to bee so firme and stedfast in his opinion as to condemne of heresie errour or temeritie other learned Catholikes who hauing duely examined all the reasons and grounds for that opinion shall thinke against him or be of the contrary opinion although he pretend to prooue his doctrine to be true out of some Decree or definition euen of a generall Councell which Decree or definition the other learned Catholikes of the contrary opinion haue seene examined and answered thereunto and this I prooued at large in my Theologicall Disputation Å¿ Cha. 10. sec 2. out of the expresse doctrine of Fa. Vasquez which my ignorant Aduersary doth fraudulently conceale who as you haue seene vrgeth against mee certaine arguments which I there related and answered and dissembleth wholly the answeres which there I made to the same 86 Wherefore although the Pope be the supreme spirituall Pastour of all the faithfull and therefore ought to teach and instruct them in the Catholike faith and in all other things which are necessary to saluation as also euery Bishop is a spirituall Pastour in his owne Dioecesse and therefore ought to teach and instruct all those that are committed to his charge in the Catholike faith and in all other things necessarie to the health of their soules because as Cardinall Bellarmine well affirmeth Bell. l. 5. de RoÌ„ Pont. c. 3. that which the Pope is in the vniuersall Church is euery Bishop in his particular Dioecesse and those words Pasce oues meas Feed my sheepe Bell. l. 2. de Rom. Pont. c. 12 in sine Edit antiquâ—â— saith he and such like which are spoken to Saint Peter in regard of the Pastorall office are vnderstood to be spoken to all Pastors yet as no man is bound to beleeue with Catholike faith which the Bishop of the Dioecesse doth define or determine to be of faith so long as there is a controuersie among learned Catholikes concerning the certaintie of that doctrine for that it is certaine and agreed vpon by all Catholikes that euery particular Bishop may erre in his definitions and consequently they cannot be any assured and infallible grounds of the Catholike faith So also proportionally no man is bound to beleeue with Catholike faith any doctrine whereof there is a controuersie among learned Catholikes albeit the Pope without a generall Councell shall define it to be of faith for that it is a controuersie among learned Catholikes whether the Pope defining without a generall Councell can erre or no and consequently vntill this controuersie be decided and determined by a generall Councell or the vniuersall acceptance of the Church as a point of faith such his definitions can be no assured and infallible grounds of true Catholike faith 87 And if you demaund that seeing the Pope is the supreme spirituall Pastour of all the faithfull and therefore ought to teach them the Catholike faith and direct them in the way to saluation why are not all Christians bound to heare his voyce and to embrace all that he shall teach them and to obey him in all that he shall commaund him I answere with the like demaund seeing that euery Bishop is the spirituall Pastour of all the faithfull within his Dioecesse and therefore ought to teach them the Catholike faith and direct them in the way of saluation why are not all the faithfull within his Dioâ—cesse committed to his charge bound to heare his voyce and to embrace all that he shall teach them and to obey him in all that he shall commaund them 88 But perchance you will say that the Pope is the supreme spirituall Pastour and his commaundements are Apostolicall as Mr. Fitzherbert in this Treatise often vrgeth against me the authoritie of the supreme spirituall Pastor his Apostolicall Breues and commandement therfore there is a great disparitie betwixt the Pope and the inferiour Bishops True it is that there is a great disparitie and difference betwixt the Pope who is the supreme Pastour and other Bishops who are not supreme but as there is a great disparitie betwixt them so there is a great difficultie and controuersie among learned Catholikes in what this disparitie and this supremacie of the Pope doth consist which were to long to examine at this present perchance hereafter if my Aduersaries will vrge me thereunto I shall treate of this disparitie and the Popes Supremacie more at large In the meane time all Catholikes doe agree in this that the Popes Supremacie doth not consist in this that he cannot command any vnlawfull thing and contrary to the law of God or that he cannot teach false doctrine and contrary to the word of God or that he cannot exceede the authority which Christ hath granted him or that hee cannot challenge to him a power or Iurisdiction as due to him which Christ hath not giuen him Yea and according to the doctrine of many famous and learned Catholikes cited by me elsewhere t In disp Theol. cap. 10. § 2 nu 27. the Popes Supremacy doth not consist in this that he cannot erre and bee deceiued in his definitions albeit they bee directed to the whole Church if he define without the approbation of a generall Councell or the acceptance of the vniuersall Church and consequently such his definitions cannot be certaine and infallible grounds of true Catholike Faith 89 Neyther are his commandements definitions or letters called Apostolicall for that they are alwayes conforme to the law of God and to the doctrine of the Apostles neyther is his authority called Apostolicall for that he hath alwayes the assistance of the holy Ghost anexed to his Decrees and doctrine in that manner as the Apostles had but chiefly and principally for that he is the successour of S. Peter the first Apostle and hath authority and iurisdiction ouer all Christians as the Apostles and principally S. Peter had although not with the like infallibility and continuall assistance of the holy Ghost And so the parity doth still remaine betwixt the Pope and other Bishops notwithstanding his Primacie in that both are Pastours and therefore are bound by their pastorall function to feede their sheepe to instruct them in the Catholike faith and to direct them in
very first so fraudulent friuolous and contrarie to his owne profession as you haue heard in this Chapter Thus you see with what bitternesse Mr. Fitzherbert concludeth his first Chapter 43 But if hee had beene pleased to haue dealt vprightly and as hee hath in a most spitefull manner vrged against me this obiection which is taken from his Holinesse Breues so also he had set downe the answere which in the tenth Chapter of my Theologicall Disputation I gaue thereunto the Reader would presently haue perceiued that my Aduersarie hath passed the bounds of Christian charitie and iustice in wrongfully accusing me of impudencie impietie and disobedience to the Apostolicall decree of S. Peters Successour whose obedient child I did there and also I doe heere professe my selfe to be and am readie to obey in all those things wherein according to the grounds of Catholike Religion hee hath authoritie to command Neither can my Aduersarie without blushing affirme either that the Popes Holinesse albeit hee bee Saint Peters Successour cannot erre in his particular commands and decrees which are not propounded to the whole Church but to particular Churches or Kingdomes or that any Catholike is bound to obey him in those things wherein according to the doctrine of learned and vertuous Catholikes hee hath no authoritie to command 44 First therefore I shewed in that place out of the doctrine of Fa. Suarez that there are two sorts of humane precepts as well Ecclesiasticall as Ciuill The one is called a constitutiue precept which of it selfe maketh that thing which it forbiddeth to bee vnlawfull which otherwise if that precept were not would not bee vnlawfull as the eating of flesh in Lent and the doing of seruile workes vpon Sundaies and Holidayes which if they were not forbidden by humane lawes would not be vnlawfull And although a constitutiue precept of humane power may sometimes binde with danger of some great temporall losse as of goods libertie yea also of life yet the Ecclesiasticall law setting aside scandall and contempt which are forbidden by the law of God and nature doe seldome or neuer binde with very great temporall harme and therefore wee are not bound to abstaine from flesh in Lent or from doing seruile workes vpon Sundaies and holidaies when we are like to incurre thereby any probable danger of some great temporall hurt 45 The other is called a declaratiue precept which doth not of it selfe make but suppose and declare the thing which it forbiddeth to be vnlawfull as being before prohibited by some other former law as theft murder drunkennesse and such like which are otherwise forbidden by the law of God and nature And this kind of precept as well obserueth Suarex dependeth onely vpon the reason for which the act is commanded or forbidden or which is all one vpon the precedent law from whence all the obligation of the declaratiue precept doth proceed Insomuch that if the reason be not true and that there is no such precedent law or obligation as the declaratiue precept affirmeth to be the declaratiue precept hath no force to binde at all and with the same certaintie or probabilitie we are bound or not bound to obey a declaratiue precept as it is certaine or probable that there is or is not any other former bond and obligation 46 As for example his Holinesse doth by his Breues forbidde all English Catholikes to take the new oath of allegiance for that therein are contained many things which are cleerely repugnant to faith and saluation If therefore it be certaine or probable that nothing is contained in this oath which is repugnant to faith or saluation it is also certaine or probable that this declaratiue precept of his Holinesse which is grounded vpon this reason that something is contained therein contrary to faith and saluation is according to the doctrine of Suarez of no force to bind neither are English Catholikes by vertue of this declaratiue prohibition bound to refuse the said oath 47 Secondly I also shewed in that place that this declaratiue command of his Holinesse forbidding Catholikes to take the oath for that it containeth many things flat contrary to faith and saluation is such a declaratiue precept which is not grounded vpon any infallible reason or definition of the Church but onely vpon his opinatiue iudgement that his reason is true and that either his power to excommunicate and consequently his spirituall Supremacie is denyed in this oath which is very vntrue or that his power to depose Princes which is denyed in the oath is a cleere point of faith and necessarily included in his spirituall Supremacie and consequently the denyall thereof is plainly repugnant to Catholike faith Which being so it is manifest that wee are no further bound to obey this declaratiue prohibition of his Holinesse then we are bound to follow his opinion and to belieue that eyther his power to excommunicate or some such like is denyed in the oath or that whosoeuer denyeth his power to depose Princes denyeth the Catholike faith 48 Whereupon I concluded that considering neither his power to excommunicate or any such like is denyed in this oath as I haue prooued at large against Card. Bellarmine and others nor that his power to depose Princes which is expressely denyed in the oath is certaine and of faith the contrary doctrine being probable and also maintained by many learned Catholikes as partly also I haue already prooued by the testimonie of learned Catholikes before alledged and heere beneath by answering all my Aduersaries obiections I will make it more manifest Part. 1. per. tâ—tum there can bee made no doubt but that any English Catholike may with a safe conscience or without any crime of disobedience to his supreme spirituall Pastour or any preiudice to Catholike faith refuse to obey his Holinesse declaratiue command which is onely grounded vpon such an opinion which considering the contrary is probable and defended by many learned Catholikes may without any note of impudencie impiety or disobedience be reiected by Catholikes 49 Thirdly I also affirmed in that place that no Catholike doth onely for this cause take the oath or thinke it to be lawfull because the Kings Maiestie being of a contrarie Religion doth command it or thinke it to be lawfull as though those Catholikes who take the oath doe it onely vpon the Kings bare word affirming the oath to be lawfull and seeme thereby to preferre the opinion of a Protestant Prince in things which in some sort doe belong to Religion before the opinion of our supreme spirituall Pastour but because the Kings Maiestie being our lawfull Prince and Soueraigne Lord in temporals what religion soeuer hee professeth hath established an oath of allegiance to make a triall how his Catholike subiects stand affected towards him in point of their loyaltie and due obedience and commanded all Catholikes to take the same which oath learned Catholikes for probable reasons doe thinke to be truely in oath of temporall allegiance and to
and spirituall power might command the Christians to doe and by spirituall Censures compell them so to doe when otherwise they should scandalize the Christian faith and religion And this very answere did I giue in my Apologie to this text of holy Scripture which was vrged by Card. Bellarmine to prooue that the Pope had power to depose and put downe Secular Princes as the Apostle had power to appoint and set vp new Iudges in Secular causes for I denyed his consequence because the appointing and setting vp of those Iudges did nothing derogate from the subiection due to Secular Princes for that they were onely Arbiters or peaceable composers of secular causes with the consent of the parties who were at strife but the putting downe of Princes or depriuing them of their Royall authoritie doth greatly derogate or rather quite ouerthrow and abolish their temporall soueraigntie 22 To which answere of mine D. Schulckenius onely replieth l In Apolog. pag. 444. That although these Iudges whom the Apostle commanded the Corinthians to appoint had not indeede vim coactiuam in foro externo a coactiue power in the externall Court and that if either partie would not obey the Apostle and goe to the Iudges appointed by the Church but would bring his cause to the publike tribunals of the heathen Magistrates the other partie was bound there to appeare and there to debate his cause yet they were not meere Arbiters or voluntary Iudges For Arbiters are chosen by the parties but these were chosen by the common consent of the Church and were appointed by publike authoritie by the command of the Apostle who was a spirituall Prince Besides none are bound to admit Arbiters vnlesse they will but Christians were bound to admit these Iudges and were forbidden to goe to the tribunals of Infidell Princes Moreouer the Saints are not to iudge the world and Angels as Arbiters chosen by them but as true Iudges and as sitting with Christ the supreame Iudge 23 But all this is easily satisfied by that which I said before For although the faithfull Corinthians were by the publike spirituall authoritie of the Apostle commaunded to choose those Iudges or Arbiters yet it doth not from thence follow either that those arbitrarie Iudges were to bee chosen by the whole Church and not onely by the parties that were at strife or that the Apostle for that he was a spirituall Prince had either himselfe publike authoritie to decide secular causes or could giue the same to any other But because the Christians were bound by the Law of God to compound their controuersies among themselues by way of arbitriment and not to bring their causes to the hearing of Heathen Iudges in case they should thereby scandalize the Christian Religion therefore the Apostle might by his publike spirituall and Pastorall power command them and also with spirituall Censures compell them so to doe 24 And although these arbitrarie Iudges were to be chosen by the whole Church and by the common consent of all the faithfull Corinthians which neuerthelesse can not bee sufficiently gathered from the Apostles wordes yet it doth not therefore follow that they were not meere Arbiters or voluntarie Iudges in power or which is all one that they had more then arbitrarie priuate or compromissorie power For it is not materiall by whom a publike or legall Iudge or else an Arbitratour or compromissorie Iudge bee chosen but from whom they receiue their authoritie to iudge as a true proper and publike Iudge may sometimes bee chosen by the people as is the Recorder of London by the Citie and the Chancellours of Oxford and Cambridge by the Vniuersities but it is the Kings Maiesty that giueth them publike authoritie to iudge And Achiters or voluntary Iudges may be chosen by the common consent of the people to decide by way of arbitrement or voluntarie submission all ciuill controuersies which shall arise among them yet seeing that they are onely Arbiters or haue onely arbitrarie voluntarie priuate or compromissorie power the parties onely who are at strife doe giue power to iudge and to make a finall end of their controuersies And although abstracting from scandall none are bound to admit Arbiters vnlesse they will yet if by not admitting them they should scandalize the Christian Religion as the Corinthians did they are bound to admit them or which is all one to giue them arbitrarie voluntrary or compromissorie power to decide and determine their controuersies 25 True also it is that the Saints are not to iudge the world or the bad Angels as Arbiters yet in what manner they are to iudge whether by onely assisting our Sauiour and approouing or applauding his sentence or by being Assessores supremi Iudicis Christi by sitting in seates of honour with Christ the supreme Iudge as Noble men and Iustices of peace do sit vpon the bench with the chiefe Iudge of Assises or in any other more peculiar manner it is a controuersie among Catholike Diuines although it be certaine that the Saints shall not be true and proper Iudges as Iudges are properly taken howsoeuer D. Schulckenius doth seeme heere to affirme the same for that to iudge and to giue iudgement doth properly signifie an act of Iurisdiction and superiority of power to giue the definitiue sentence pro or contra which Iurisdiction in respect of the last iudgement of soules is onely communicated to Christ. m Seâ— Suarez tom 2. disp 57. sect 4. But howsoeuer it be the argument of Saint Paul whereby he intended to prooue that Christians were not vnworthy to iudge Secular causes which he calleth the least things is of force as I declared before for if they be not vnworthy to iudge the world and Angels much lesse are they to be accompted vnworthy to decide by way of arbitrement Secular causes or the least things 26 And whereas D. Schulckenius affirmeth that those Iudges had no coactiue power in the externall Court and that if one of the parties should call the other to the tribunall of the Infidell Magistrate he were bound to appeare and debate his cause before the Heathen Iudge this doth make nothing against that which I haue said but is rather a confirmation that these Iudges were onely Arbitratours and voluntary Iudges in power to decide Secular causes For if they had beene true and proper Iudges and had not onely priuate and arbitrary power but also publike authority to iudge why should they not haue as all other true and proper Iudges haue both a commanding and also a coactiue power either temporall or spirituall according as D. Schulckenius will haue them to be temporall or spiritual Iudges And if they were true Iudges and not onely Arbitratours how could the faithfull Corinthians bee bound in conscience to leaue their tribunalls and goe to a Heathen Iudge to haue their cause decided by him if they should be called thither although against then willes seeing that they should thereby offend not only by reason of
scandall but also against obedience and against legall and morall iustice by declining the iudgement of their lawfull Superiours and Iudges and by wronging their Aduersarie in drawing him against his will from the tribunall of his lawfull Iudge and who had good and sufficient authoritie to make a small end of his suite 27 But considering that these Iudges whom the Apostle commanded the Corinthians to appoint were not lawfull and proper Superiours and Iudges but only Arbaratours and consequently to whose iudgement they were not bound to stand by vertue of any subiection and obedience due to them but only by reason of scandall whereon the declaratiue precept of the Apostle was only grounded and which scandall being taken away the commandement of the Apostle doth also cease this difficultie is easily cleared For albeit it was very scandalous and therefore iustly reprehended by the Apostle that the faithfull Corinthians should of their owne accord without any necessitie for in that case Disp Theol. c. 10. s 3. nu 10. Salmer tom 8. tract 29. in Euang. as I obserued in my Theologicall Disputation out of Alphonsus Salmeron the actiue scandall doth cease and if it be any scandall it is not giuen but taken goe to the tribunalls of Heathen Magistrates yet it is not scandalous to appeare before them when they are called for in this case they must of necessitie by vertue of their subiection appeare and so the scandall ceaseth which would still remaine by their appearing if those Iudges whom the Apostle commanded the Corinthians to appoint had beene true and lawfull Superiours and Iudges for then they had also beene bound by vertue of their subiection not to forgoe the iudgement of their lawfull Superiours and Iudges and consequently not to appeare before the tribunall of the Heathen Magistrate in derogation of the authoritie of their Christian Superiour and Iudge And this may suffice for this point 28 Moreouer we read in the old Testament saith Mr. Fitzherbert n Nu. 4. pa. 31 3 Reg. 18. that Elias the Prophet had power to inflict temporall punishment yea death vpon the false Prophets of Achab whom he commanded the people to kill in his presence as also he caused fire to fall from heauen and consume the two Captaines of King Ochozias and their troupes 4 Reg. 1. In like manner wee reade in the new Testament that the Apostles S. Peter and S. Paul extended their spirituall authoritie to the temporall punishment of the body when it seemed to them conuenient for the glory of God and good of soules and therefore S. Peter stroâ—ke Ananias and Saphyra with suddaine death Act. 6. and S. Paul depriued Elymas the Magician of his sight Act. 13. 1. Cor. 5. and deliuered the incestuous Corinthian to the deuill to be bodily 〈◊〉 and tormented for the example and terrour of others vt spiritus saluus fiat that his soule might be saued and the same iudgements and corporall punishments these Apostles might no doubt as lawfully haue executed vpon any Prince in the world if hee had then beene a Christian and giuen the like occasion 29 But who would not wonder that any man of ordinarie iudgment should from an extraordinarie and miraculous power of the Apostles yea and of the Prophets who were no Priests or from a speciall command or inspiration of God to kill men and to doe other miracles inferre that the Pope hath an ordinarie Pastorall and Episcopall power to doe the like as are those examples which my Aduersarie bringeth of Elias the Prophet who was no Priest and by the commandement of God o 3. Reg. 18. ver 36. Abul in 3. Reg. 18. q. 35 and not by any ordinarie authoritie or iurisdiction caused the false prophets of Ashab to be slaine and by miracle caused fire to fall from heauen to consume the two captaines of King Ochozias and their troupes and of S. Peter who by miracle either killed Ananias and Saphyra or foretold their death and of S. Paul who also by miracle depriued Elymas of his sight or foretold his blindnesse and deliuered the incestuous Corinthian to the deuill to bee bodily vexed and tormented which manner of deliuering men to Satan did proceede from an extraordinarie and miraculous power giuen to the Apostles and not from any ordinarie power which was to descend to all their Successours But of these examples I shall haue occasion to speake againe beneath p Cap. 6. 30 And the same iudgements and corporall punishments saith Mr. Fitzherbert might no doubt these Apostles as lawfully haue executed vpon any Prince in the world if hee had beene a Christian and giuen the like occasion But first I meruaile why he addeth that condition if he had then beene a Christian for the example of Elymas who was no Christian doth proue that the same iudgements and corporall punishments they might haue executed not only vpon Christians but also vpon infidels Besides if any one will reduce those examples to a dialecticall forme of arguing hee will easily perceiue that they are very weake and insufficient not to vse those his foule and vnseemely wordes of absurd impertinent foolish and ridiculous to proue that the Pope by his ordinarie Pastorall power can doe the like As that because Elias who was no Priest had an extraordinarie commission and power giuen him by God to kill the false Prophets and to cause fire to fall from heauen to consume those two Captaines and their troopes therefore the Pope by his ordinarie Episcopall and Pastorall office hath power to doe the same in the like cases and so of the rest that because S. Peter and S. Paul had an extraordinarie power giuen them c. 31 And all this saith my Aduersarie q Nu. 5. may be confirmed by the common custome and practise of the Primitiue Church to enioyne bodily penance to publike penitents as to attend to continuall fasting and prayer Tertull. de penitent Ambros ad virg lap sam cap. 28. and to lye vpon sackcloth and ashes as it may be seene in Tertullian S. Ambrose and others whereupon it followeth that if the Church may chastise a man in his body for the good of his soule much more may she chastise him in his goods and temporall state which are ordained by the law of nature to serue both the body and the soule as the Philosophers touch namely Plato Plato epist 8. ad Dionys who therefore aduised a Law-maker to procure by his lawes that the three kinds of goods to wit of the mind the body and fortune be sought and possessed in due and ordinate manner that is to say that the goods of the mind be preferred before the other two and the goods of the body esteemed only so farre forth as they may serue the mind and lastly that the goods of fortune which are honour dignitie wealth and temporall states be accounted no better then ministers and seruants of both the other 32 But first I doe
of Ecclesiasticall Censures may bee called a compulsion yet the vsing of temporall power the disposing of temporall things the compelling with temporall punishments or the inflicting of temporall punishments and punishing temporally by way of constraint are only proper and doe belong to the temporall power for which cause S. Bernard as I shewed before did affirme that the materiall sword is according to our Sauiours command to be vsed for the Church but not by the Church with the hand of the Souldier not of the Priest at the booke or direction of the Pope but at the command of the Emperour 8 Now to come to my Aduersarie although he hath not as he saith Lessius booke nor euer reade it yet I haue both seene it and reade it and I haue alleadged truly his expresse words as they lye and I doubt not but that my Aduersarie may easily get a sight thereof But howsoeuer that which hee saith is very vntrue that I say nothing in effect against Lessius argument but that which may bee vrged in like manner against the Apostle Saint Paul for that Saint Pauls argument as I shewed before in the former chapter was not grounded vpon this maxime hee that can doe the greater can doe the lesse whereon Lessius groundeth his argument for this maxime is very vntrue vnlesse the greater doeth actually or vertually include and imply the lesse or which I take for all one vnlesse the greater and the lesse be of the same kind or order But S. Pauls argument was grounded vpon this maxime hee that is not vnworthie to doe the greater is not vnworthie to doe the lesse For S. Paul intended only to prooue as I shewed before that Christians were not vnworthie to iudge of secular things because they were to iudge the world and the Angels and therefore by the argument a maiori ad minus they were not to be accounted vnworthie to decide secular causes Neither hath euery man that power whereof hee is not vnworthie but he hath onely that power which hee who hath authoritie to giue that power hath granted although perchance he be not vnworthie to haue a greater power as to be Lord Chancellour is a more great and eminent authoritie then to be Lord Chamberlaine and yet it is not lawfull thus to argue from that maxime he that hath the greater authoritie hath the lesse therefore he who is Lord Chancellour is also Lord Chamberlaine albeit we might rightly thus conclude as the Apostle did a maiori ad minus he that is not vnworthie to be Lord Chancellour is not vnworthy to be Lord Chamberlaine for that he who is not vnworthie to haue the greater authoritie is not vnworthie to haue the lesse 9 If therefore I had denied the Pope to haue authoritie to dispose of temporall things because he had beene vnworthy to haue that authoritie then I had indeede disprooued the Apostles argument but seeing that I doe onely for this cause deny the Pope to haue authoritie to dispose of temporall things for that Christ our Sauiour hath not granted this authoritie to him but onely to temporall Princes I doe not goe against the Apostles argument Neither did the Apostle goe about to prooue that the Church might ordaine and dispose of secular iudgements taking secular iudgements for such as doe proceed from publike authoritie and can not be done by priuate power but hee onely commanded the Corinthians for auoiding of scandall to appoint arbitrarie Iudges among themselues which they might doe by their owne priuate power and without any derogation to the temporall Magistrate and in case of scandall they ought also so to doe and he onely intended to prooue that because they were not vnwoorthy to iudge the Angels and the world much more were they not vnworthy to be Arbitrarie Iudges in secular causes Wherefore Saint Paul did not intend to prooue either by the subordination of the temporall power to the spirituall or by any other argument that the Church might ordaine or dispose of those secular iudgements which belong to temporall authoritie neither can there be drawne any good argument from this subordination to prooue the same as I haue shewed more amply in the second part 10 Neither did I graunt that the spirituall Pastour hath power to command corporall and temporall things quatenus spiritualibus deseruiunt so farre forth as they serue spirituall things for that corporall and temporall things are ordained to spirituall things and to the eternall saluation of soules as my Aduersary vntruely affirmeth for then indeede I must also haue granted that the Pope hauing power to dispose of spirituall things hath consequently power to dispose of temporall things so farre soorth as they are to serue spirituall things but my reason was as you haue seene in the former chapter because the power to command temporall things in order to spirituall good is a spirituall power and agreeable to a spirituall Pastour and Gouernour as he is instituted by Christ but the power to dispose of temporall things whether it be in order to temporall or to spirituall good is a temporall power and therefore not agreeable to a spirituall Pastour according at our Sauiour hath in the Christian world or common wealth instituted ordained and distinguished these two supreme powers temporall and spirituall by their proper acts functions and dignities 11 And albeit both spirituall and temporall things are referred to one last end which is Gods honour and glorie as to the center to which both of them ought to tend yet from hence it can not be rightly concluded that the temporall power is subordained to the spirituall or that temporall things as temporall lawes temporal actions temporall punishments and the like are subordained to spirituall things as to spirituall lawes spirituall actions spirituall punishments and the like but that both of them are I doe not say subordained one to the other but ordained to one and the selfe same end which is the glorie and seruice of God and the saluation of soules which is as it were the center to which the temporall power by temporall lawes and by disposing of temporals and the spirituall power by spirituall lawes and by disposing or dispencing of spiriruall things ought to tend By which it is apparant that although it were supposed that the disposing of temporall things and the vsing of temporall power were in some cases necessarie to the honour and seruice of God to the good of the Church and to the saluation of soules yet it can not be performed but by the temporall power for that our Sauiour Christ hath giuen to spirituall Pastours onely spirituall power to promote and maintaine by spirituall meanes the good of the Church and to bring soules to heauen and temporall meanes and temporall power he hath left to the disposition of temporall Princes whom he forsaw and preordained to be Nurses Patrons and Protectours of his Church 12 Wherefore although my Aduersarie did endeauour as you haue seene in the former
also follow that the authoritie and power of the Church should be no better in effect then a cobweb which holdeth only the little flies and serueth to no purpose against the great ones sufficing to correct all inferiour persons and to preuent and remedy all the inconueniences that may grow from them but not to redresse the most dangerous and pernicious disobedience that may be to wit the rebellion of Princes against the Church from whence the greatest danger and damage to soules may and commonly doth arise if this then should be without remedie it must needes follow as I haue said that Christ hath not sufficiently prouided for the gouernment of his Church yea much worse then temporall Kings are wont to prouide for the administration of the Prouinces or States subiect to them who when they appoint Lieutenants or Deputies any where doe giue them authoritie ouer all sorts of subiects and so much power as may suffice for the remedy of all inconueniences and specially of the greatest which may occurre in the States where they gouerne 30 Therefore it must needes be granted that our Sauiour Christ ordaining a gouernment in his Church gaue to the Gouernours thereof sufficient power and iurisdiction to redresse all kind of inconueniences in all sorts of subiects as well the highest as the lowest and when spirituall correction will not suffice then to chastice them also in their temporalities so farre forth as shall be necessarie for the publike good of the Church and for the due execution of their office and charge For as the Lawler saith Cui iurisdictio data est Iauolen leg 2. â— de Iurisdict ei quoque concessa esse videntur sine quibus iurisdictio explicaâ—i non potuit To whomsoeuer iurisdiction is giueÌ„ those things do seeme to be granted withall without the which the iurisdiction could not be explicated and this is also conforme to the axiome of the Philosophers qui dat esse dat consequentia ad esse he which giueth being giueth also those things that are consequents thereof or necessarily required thereto 31 But first I would demaund of Mr. Fitzherbert what remedie the Church hath against a most potent Christian Prince who shall contemne not only an Ecclesiasticall Censure but also euery sentence of depriuation or of any of other temporall or corporall chasticement denounced against him by the Pope doth he not contemne this Censure and sentence and by his authoritie and example draw his subiects for the most part to a generall reuolt from the Church shall we then say that Christ left not to his Church sufficient authoritie to remedie this How then is that fulfilled which the Apostle said of the most ample power of the Church to reuenge or punish all disobedience seeing that the disobedience of absolute Princes to this sentence of depriuation should be incorrigible and remedilesse Whereupon it would also follow that the authoritie and power of the Church should be in effect no better then a cobweb c. Let Mr. Fitzherbert satisfie this demaund and he will forthwith see that in the like manner his owne argument may be answered 32 Secondly as euery well instituted temporall common wealth and the chiefe gouernours thereof haue alwaies sufficient temporall power taking temporall power for authoritie to punish with temporall punishments all treasons rebellions and contempts whatsoeuer although they haue not alwaies sufficient power taking power for might force or effectuall meanes to redresse actually all disorders that shall arise in the common wealth for that if the perturbers of the common wealth be more potent and strong then the rulers and gouernours thereof they will little regard any sentence or declaration either of exile losse of goods and libertie or also of life that the Gouernours of the common wealth shall denounce against them and yet no man will deny that the chiefe Gouernours of the common wealth haue sufficient authoritie forasmuch as concerneth â—he authoritie it selfe to punish with temporall punishments euery particular contempt of these seditious and wicked subiects and to redresse all inconueniences that possibly may arise So likewise the chiefe Pastours or Gouernours of the Church or spirituall kingdome of Christ haue alwaies sufficient spiritual power taking spirituall power for authoritie to punish with spirituall punishments all heresies schismes and other crimes whatsoeuer although they haue not alwaies sufficient spirituall power taking power for force might or effectuall meanes to redresse actually by spirituall punishments all inconueniences and disorders that shall arise in the Church of Christ For if the disturbers of the Church be peruerse obstinate and wilfull they will little regard and Censure sentence or declaration that the Pastours of the Church can possibly denounce against them and yet no man will deny that the chiefe Pastours or Gouernours of the Church of Christ haue sufficient authoritie for as much as concerneth the authoritie it selfe to punish with spirituall Censures euery particular contempt of these disobedient persons and that these spirituall Censures are of themselues sufficient to terrifie any Christian whatsoeuer and to withdraw him from sinne seeing that they are farre more grieuous and dreadfull as S. Augustine affirmeth then any temporall punishment whatsoeuer 33 Thirdly I answere that S. Paul had indeede through the gift of miracles which Christ our Sauiour gaue to him and to the rest of the Apostles not only a most ample and extraordinarie authoritie but also power might force and effectuall meanes to punish or reuenge all disobedience euen with temporall and corporall punishments Whereupon as S. Chrysostome obserueth vpon this place Chrysost in 2. Cor 10. Act. 14. Act. 2â— Act. 13. Auselni in 2. Cor. 10. hee did one time cure a lame man an other time hee raised one from death to life and an other time he punished Elymas the Magician with depriuing him of his sight And S. Anselme numbreth among this spirituall armour whereof the Apostle heere speaketh the doing of miracles For we saith S. Anselme speaking in the person of S. Paul doe not warre or fight according to the flesh For the weapons of our warfare are not carnall but spirituall and mighty to God our King for whom we warre or fight For we doe not beare a materiall lance or sword but we doe more mightily ouerthrow our enemies with the word then others doe with carnall weapons For our weapons are the word of preaching wisdome miracles charitie and other vertues c. 34 Wherefore S. Paul speaketh not only of authoritie to fight or punish but also of might force or effectuall meanes to ouercome his enemies Our weapons saith he are mighty to God to destroy munitions that is saith S. Anselme secular doctrines arguments and subtilities by which peruerse men doe strengthen their hearts that the word of truth may not be able to touch them because the art of Apostolicall preaching doth mightily pearce and ouerthrow through the vertue of spirituall grace these kind of munitions And we haue
to campe againe c. 39 Concerning the ceremonies which were to be vsed and the sacrifices which were to be offered albeit in the law of Nature when there was no law of God which did restraine or limit any man to any kinde of ceremony or Sacrifice it was lawfull for euery man to doe what hee would vnlesse it were euill of it selfe and therefore euery man as being considered by himselfe might offer what sacrifice or vse what kinde of ceremony he pleased but as he was a part and member of some Communitie he could vse no other sacrifice or ceremony then that which the Communitie or the supreme Gouernours thereof whose Minister he was did appoint yet in the law written it was otherwise For as God himselfe did limite and determine the places and ministers to doe sacrifice so also he determined all the rites and ceremonies belonging to the worshipping of him whereof the whole booke of Leuiticus doth treate But concerning the Sacrifices God appointed in generall three kindes to wit Holocausts a sacrifice for sinne and a Pacificke hoste Num. 6. and vnder these three were comprehended all other particular kindes of sacrifices of all which and of the ceremonies belonging to them it is treated from the first Chapter of Leuiticus to the eight What other authority the Priests of the olde Testament had in expounding and interpreting the law of God when any doubt or difficulty should arise I declared aboue in the former Chapter when I examined that place of Deuteron 17. Si difficile ambiguum c. If thou perceiue that the iudgement with thee be hard and doubtfull c. 40 Now lastly concerning the law of Christ wherein all the ceremoniall and iudiciall lawes of the old Testament doe cease insomuch that no Christian now is bound to obserue any one of those lawes by vertue and force of the law it is to be considered that our Sauiour Christ hath now instituted a new Priesthood and a new Sacrifice And albeit he hath determined and limited the persons who are to offer Sacrifice and the Sacrifice which is to be offered for the persons or Priests to offer Sacrifice he hath appointed onely his twelue Apostles and those who are duely consecrated and ordained by them or their Successours and the Sacrifice which they ought to offer is one onely to wit the vnbloody offering of his immaculate body and blood vnder the visible formes of bread and wine by vsing those words which he himselfe in his last Supper did vse and institute yet he did neither limit the place where this Sacrifice should be offered nor the ceremonies which were to be vsed in the offering thereof but he left these to the disposition of the Church and to the supreme Pastours or Gouernours thereof to determine them as they should thinke conuenient Besides this authoritie which Christ gaue to the Priests of the new law ouer his true body he gaue them also authority and Iurisdiction ouer his mysticall body which are the faithfull which authority and Iurisdiction is signified by the keyes of the kingdome of heauen which our Sauiour promised to S. Peter and in his person to the rest of the Apostles whom he did represent of which authority I haue spoken somewhat in the former chapter and also in my Apologie Theologicall Disputation and Appendix thereunto 41 And from hence the Reader may easily gather two things the one is the difference betwixt the Priests in the law of Nature and in the law written for that both in the law of Moyses and of Christ the Priests had not their authoritie from men but from GOD neither was it in the power of the temporall common-wealth to extend or diminish their Priestly authoritie but in the law of Nature the Priests had their authoritie from the ciuill Communitie or common-wealth whereof they were parts and members and in whose name and by whose authoritie they were made Priests and had power to offer sacrifice and it was in the power of the common-wealth to extend or diminish or to take quite away their Priestly authority and to appoint and ordaine in what manner and with what ceremonies and what things they should Sacrifice to God and to determine of all things concerning Religion yea and the common-wealth did also determine what Gods they were to woorship and therefore it was decreed by the Senate of Rome that no Emperour should be canonized or made God Alexand. l â—6 cap. 4. but by the decree of the Senate 42 The second which followeth from the former is that considering in the law of nature the Priesthood was wholly subiect and dependent vpon the ciuill Common-wealth in so much that the Priests in the law of nature were subiect and subordinate not onely in temporals but also in spirituals and in all things which concerned Religion and the publike seruice of God to the supreme Gouernours of the temporall Common-wealth from whom they receiued all their Priestly authoritie Mr. Fitzherbert very vnlearnedly concludeth that according to the law of nature the temporall State and power is subiect and subordinate to the spirituall and that the supreme temporall Magistrate was commanded and corrected with temporall punishments as occasion required by the spirituall seeing that the quite contrarie I haue most cleerly conuinced out of Abulensis and the same may very plainely be gathered from the doctrine of Sotus Valentia Suarez Vasquer and other Diuines treating either of Sacrifices in generall or of the Sacrifice of the Masse or of the Priesthood of Christ And therefore I may bouldly say that if in the law of nature an Oath had beene propounded by the ciuill Common-wealth wherin the Religious Priests should haue acknowledged that they might not only for temporall crimes but also for spirituall and which meerely concerned Religion be punished by the supreme temporall Gouernour with temporall punishments and also be depriued of their Priestly function and authoritie the Priests would haue admitted it as lawfull And if an Oath had beene propounded by the Priests to haue themselues exempted from the authoritie of the supreme temporall Gouernour euen in spirituall or religious affaires much lesse in temporall the Ciuill Common-wealth or supreme Gouernours thereof would not haue admitted it as lawfull but would haue punished the Priests for presuming to vsurpe such an authoritie 43 Wherefore those last words of my Aduersarie to Mr. Barlow are a most vaine friuolous and idle florish For albeit the ancient Philosophers and learned Paynims being guided by the law of Nature and light of naturall reason whose doctrine also in this point our moderne Diuines doe follow did cleerely see that in the law of Nature when no positiue law of God was published the Ciuill common-wealth or supreme gouernours thereof had the chiefe command and authoritie in all matters as well concerning Religion as State to whom the Religious Priests were wholy subiect as well in spirituall or religious as in temporall affaires yet they did not turne
and effects of that power and authority and I affirme that the effects of that power which was giuen to S. Peter to binde and loose to wit the bindings and loosings themselues were spirituall and not temporall bindings and loosings For this was my answere in that place t Apolog. â— 35.36 15 And although it be generally said by Christ our Sauiour whatsoeuer thou shalt binde c. yet without doubt neither is that word whatsoeuer to bee taken in it whole latitude or generality or as the Logicians say with a complete distribution but with some limitatioÌ„ or accommodate distribution neither did Christ our Sauiour speake of euery binding but only of a certaine determinate binding And by the words that go before to wit the keyes of the kingdome of heauen and by those that follow in caelis also in heauen it is plaine enough that this bond which the Ecclesiasticall power may by the institution of Christ binde and loose is not a temporall â—â—nd but that it appertaineth to a heauenly and spirituall binding Whereupon the Interlineall Glosse expounding those wordes Matth. 18. What things soeuer you shall binde with the bond saith hee of Anathema Which also Franciscus Suarez a most famous Diuine of the Societie of Iesus doth expresly affirme But that which is added saith he u Tom. â— disp 1. sec 2. nu 5. Erit ligatum in caelo Shall bee bound also in heauen doth sufficiently declare this power not to be naturall but supernaturall and that bond marke this word bond to be spirituall and of a superiour or higher order And Ioannes Parisiensis To that saith hee x In Tract de potest Regia Papaâ— c. 15. which is secondly obiected Whatsoeuer you shall loose c. I answere according to Chrysostome and Rabanus that by this no other power is vnderstood to bee giuen but spirituall to wit obserue that which followeth to absolue from the bond of sinnes For it were foolish to vnderstand that by this is giuen authoritie to absolue from the bond of debts Thus I answered in my Apologie 16 Consider now Good Reader with what face or conscience these men can affirme that I haue laboured houre euen with sweate and vainly spent many words only to proue by those two authorities of holy Scripture that the Pontificall power is spiritually which neither Card. Bellarmine nor they doe deny but willingly grant whereas I doe not contend that the power to bind and loose which was giuen to S. Peter and to the rest of the Apostles is spirituall and not temporall but that the bond which the Ecclesiasticall power is to bind and loose is a spirituall and not a temporall bond which if my Aduersarie hence will grant it must needs follow that corporall and temporall punishments as watching haire-cloath fasting whipping imprisonment depriuing of corporall life or temporall goods all which are corporall and temporall bonds and punishments cannot be inflicted by that Ecclesiasticall power which Christ gaue to S. Peter and the other Apostles And therefore with what safetie our English Catholikes can aduenture their soules and whole estates vpon these men 1. Tim. 4. who haue according to the Apostles saying such wounded seared or canteriate consciences and in their publike writings doe so grosly and shamefully corrupt the words and meaning of their Aduersarie in a matter of such importance as is their obedience due to God and Caesar I remit to the consideration of any prudent man 17 The soule is a spirit saith D. Schulckenius related heere by my Aduersarie and hath a spirituall power yet it doth also chastice the body but in that manner as I declared in the second part with corporall punishments as watching hairecloath fasting and whipping And what then will they therefore inferre that because watching wearing of hairecloath fasting and whipping are commanded by the spirituall power of the foule therefore they are spirituall and not corporall actions and punishments No man maketh any doubt but that the power whereby God created the world the Angell moued the water y Ioan. 5. Ananias and Saphira were striken dead z Acts 5. was a spirituall power yet no man can deny that the creation of the world and the mouing of the water were corporall actions and the sudden putting to death of Ananias and Saphira were also corporall actions and punishments So likewise it cannot be denyed that the binding of men with fetters be it done by God Angells or men that is by a spirituall or temporall power is a corporall binding and the depriuing of any man of his temporall goods libertie or life let it be done by a spirituall or temporall power is still a temporall and not a spirituall punishment 18 If therefore these men as they make a shew in words will in very deede and sincerely grant what I affirmed and proued in that place they must needes confesse that the Pope by vertue of that commission which Christ gaue to Saint Peter and the other Apostles to binde and loose hath no authoritie to imprison men to bind them with corporall chaines to absolue or loose them from their temporall bonds debts or allegiance for that these are temporall and not spirituall bindings and loosings for what end or by what power soeuer they be done Neither did I contend in that place that the power and authority of the Apostles to binde and loose was not temporall but spirituall but onely that the bindings and loosings which were the effects of that power were onely spirituall and not temporall bindings and loosings See aboue a Cap. 5 sec 3. nu 10. sec more of these bonds to which the Ecclesiasticall power to binde and loose is by the ancient Fathers limited and restrained And heereby the Reader may easily perceiue that I had no great reason to confute in that briefe Admonition D. Schulckenius his Reply for as much as concerneth this point but it was sufficient to remit the Reader to my aforesaid answere seeing that D. Schulckenius saide nothing at all against it but cunningly flyed from the effects of the Apostles power to binde and loose which I there prooued to be onely spirituall and not temporall bonds to the power it selfe to binde and loose whereof I did not intend to dispute in that place knowing well that although the effects of that power had beene as they were not temporall bindings and loosings yet the power it selfe to binde and loose might for diuers reasons be called as Diuines doe call it a spirituall and not formally a temporall or ciuil power although as I said aboue b Cap. nu 7â— See also beneath cap. 12. nu 61. seq I thinke this question betwixt the Diuines and Canonists whether it be a spirituall or a temporall power to be more verball and of wordes then reall and of the thing it selfe And this may suffice for this point 19 Now before wee come to examine Fa. Parsons reason
receiued if he meane that those miraculous punishments did testifie an ordinary power to bee in the Church that is in spirituall Pastours to inflict punishments as well vpon the bodie as vpon the soule this he must proue by some other reason then by his bare I say to which in very truth knowing his insufficiency in Theologicall learning I giue but little credit therefore with the same facility I deny it as he saith it for it is the maine questioÌ„ betwixt vs whether the Church hath any such ordinarie power or no But if hee meane that those miraculous punishments did signifie and testifie a miraculous and extraordinarie power to bee in the spirituall Pastours of the Church in the Apostles time to inflict in some sort temporall punishments as well vpon the body as vpon the soule then I willingly grant his I say but withall dcny that either the power it selfe it being extraordinary and miraculous or the effects and execution thereof which also were miraculous should afterwards remaine in the Church when the faith was once propagated and generally receiued according to that saying of Saint Gregory Signes or miracles were giuen for Infidels not for the faithfull I said to inflict in some sort temporall punishments for as well obserueth Abulensis Abul q. 96. in c. 20. Matth. the punishment which Saint Peter inflicted vpon Ananias and Saphira was onely by the way of prediction whereupon hee was not as a Iudge or executioner of Christ but as a Prophet and the punishment inflicted by Saint Paul was by way of prayer and intercession whereupon it was not any vse of Iurisdiction but of a miracle because the Deuils are not subiect to the commaund of men and so neither of them did exercise the vse of coerciue temporall power 74 And by this also that which Mr. Fitzherbert immediately addeth is easily answered Besides that saith he it is to be considered for the further explication of this point that although the punishments were miraculous and extraordinary for the manner of them yet if we consider the punishments themselues the Apostles exercised therein their ordinary and Apostolicall Iurisdiction as being the ordinary Iudges to whom the chastisement of spirituall offences appertained which is euident in the punishment of the incestuous Corinthian by the formall and iudiciall sentence pronounced by the Apostle saying 1. Cor. 5. Ego quidem absens c. I indeede absent in body but present in spirit haue already iudged as present him that hath so done in the name of our Lord Iesus you being gathered together and my spirit with the vertue of our Lord Iesus to deliuer such a one to Sathan for the destruction of the flesh that the spirit may be saued in the day of our Lord Iesus Christ Thus did the Apostle fulminate his terrible sentence of Excommunication shewing and exercising his Apostolicall authoritie And the same is also to bee vnderstood concerning the corporall punishment of Ananias and Saphara S. Chrysost in hunc locum in wich respect Saint Chrysostome saith That Petrus faciebat terribile iudicium Peter executed a terrible iudgement vpon them and Saint Hierome saith that merûere sententiam Apostoli S. Hieron epist 150. ad Hedibiani q. 2. in fine Apud August l. 3. c. 16. They deserued the sentence of the Apostle and the Authour of the booke De mirabilibus Scripturae amonst Saint Augustines workes saith that Petrus ligauit c. Peter did bind Ananias and his wife with the bond of death vt authoritas Apostolica quanta esset ostenderetur that it might appeare how great was the Apostolicall authoritie Thus Mr. Fitzherbert 75 But I neuer denyed that the Apostles were ordinary Iudges to whom the chastisement of spirituall offences appertained but that which I deny is that by these miraculous punishments of Ananias and Saphira and the incestuous Corinthian or such like it can bee prooued that the Apostles were ordinary Iudges to inflict temporall punishments for spirituall offences or that they exercised therein I doe not say their Apostolicall Bell. l. 1. de Rom. Pont. c. 9. but their ordinary power and Iurisdiction for the Apostles had two powers one ordinary and which should descend to their Successours the other extrordinary or delegate which therefore should not descend neither is it lawfull from the punishments which they inflicted by their extraordinarie power to inferre that they did or might inflict the like punishments by their ordinary power this I say cannot be prooued by any miraculous fact or punishment which the Apostles inflicted by their extraordinary and delegate power And therefore although the Apostle in pronouncing his terrible sentence of Excommunication against the incestuous Corinthian shewed and exercised his ordinary Apostolicall power forasmuch as concerned the deliuering him ouer to the inuisible power of Sathan yet forasmuch as concerned the deliuering him ouer to the visible power of Sathan that is to bee visibly tormented by him the Apostle did not vse his ordinary Apostolicall but his extraordinary Apostolicall power And the same is also to be vnderstood touching the corporall punishment of Ananias and Saphira to wit that Saint Peter vsed therein his extraordinary Apostolicall power as I obserued aboue out of Abulensis 76 Neither doe S. Chrysostome S. Hierome or S. Augustine say any thing contrary to this For all that can be gathered from their wordes is onely this that the iudgement of S. Peter was terrible and that they deserued the sentence of the Apostle and that the binding of Ananias and Saphira with the bond of death did proceed from Apostolicall authority but that this their sentence iudgement and the binding of them with the bond of death did proceed from ordinary Apostolicall authority this cannot any way be gathered from the words of those holy Fathers but rather the flat contrary Chrys hom 12 in Act. For S. Chrysostome doth attribute their punishment to a great miracle both in regard Saint Peter knew their thoughts and what they had done priuily and also for that hee killed them by the commandement of his word And Saint Hierome Hieron epist 8 ad Demetriad although he deny that Saint Peter commanded or desired their death yet he attributeth that sentence of the Apostle to a miracle and to the spirit of Prophecie The Apostle Saint Peter saith he doth not wish their death as foolish Porphyrie doth calumniate but with a propheticall spirit he foretold the iudgement of God that the punishment of two might bee a doctrine to many So likewise the Author de mirabilibus S. Scripturae doth attribute their punishment to a miracle and to the Apostolicall virtue of Christ and to the same power whereby hee raised Tabitha from death which words Mr. Fitzherbert was willing to conceale August serm 204. de tempore quâ—est sermo 3. in Dom. 4. post Trinit 4. Reg. 2. And Saint Augustine himselfe compareth this fact of Saint Peter to that of Helizaeus at whose
manifest which is most woorthy the obseruation that decrees of the Church cannot be certaine and firme which are not grounded vpon certaine and firme principles and foundations Wherefore if but one of those things whereon the iudgement of the Church dependeth be vncertaine the decree of the Church cannot be certaine whether the question bee speculatiue or practicall For the Conclusion according to the maxime of the Logicians followeth the weaker part and if one of the principles or premisses bee weake it is necessarie that the conclusion in regard of that part bee weakened Wherby it is easily vnderstood that the iudgements of the Church which proceede from the vncertaine testimonies of men are weake to make a certaine and vndoubted beliefe of which sort is that whereby she iudgeth any one to be numbred in the Catalogue of Saints yet it is not lawfull to call in question such decrees without punishment but it is temerarious and irreligious not to giue credit to the Church in the canonizing of Saints which because he that doth doeth rashly and inconsiderately hee shall indeede deseruedly bee punished by the Church Thus Canus Canus l. 12. c. 1. 13 Lastly hee excuseth from heresie those who should affirme that the B. Virgin is not corporally assumpted into heauen which although saith hee it bee not contrary to faith yet because it is repugnant to the common consent of the Church it would bee taxed of malapert temeritie And albeit Fa. Suarez also doth affirme Suarez tom 2. disp 21. sec 2. that now it is so receiued an opinion that it cannot be called in question by any pious and Catholike man yet hee acknowledgeth that it is not of faith because it is neither defined by the Church neither is there any testimonie of Scripture or sufficient tradition Sot in 4. dist 43 q. 2. ar 1. Caiet tom 2. opu trac 2. de Concept cap. 1. which may cause infallible faith But Sotus saith only that it ought to bee beleeued most piously but yet it is not put among the articles of faith necessarily to bee beleeued And Caietane affirmeth that it is not to bee beleeued of necessitie but probably and piously For there is two manner of wayes saith hee whereby a thing may bee decreed to bee beleeued For some things are decreed to bee beleeued in such sort that hee who thinkes the contrarie is an heretike but some things as probably to bee beleeued as the common pietie of the Church doth probably beleeue concerning the corporall Assumption of the B. Virgin and her Sanctification in her mothers wombe Abul in cap. 22. Matth. q. 230. and other such like Abulensis also saith that it is not necessarie to holde this because it is not among the articles of faith neither also is there any thing defined by the Church that it ought to be held therefore it is lawfull for euery man to thinke as he will And the reasons which are brought to prooue her Resurrection are certaine persuasions and do not conuince yet because it is commonly held that she is risen it is more reasonable to hold it yet if any one doe affirme the contrarie wee doe not contend And neuerthelesse the aforesaid Authours knew right well that this doctrine concerning the corporall Assumption of the B. Virgin was neuer denyed by any Catholike and was also the ground and foundation of an Ecclesiasticall decree and custome to celebrate the Feast of the B. Virgins Assumption 14 And by this the Reader may easily perceiue what things are required to make one an heretike that should deny the decrees of the Church concerning manners to bee infallible and how rashly and vnchristianly my Aduersaries doe charge mee with heresie for denying the doctrine for the Popes power to depose Princes to be a point of faith seeing that they cannot bring any one decree either of Pope or Councell whereby according to the conditions before required by Cardinal Bellarmine and Canus to the infallibilitie of decrees either touching faith or manners it can with any probable colour bee prooued that this doctrine is certaine and of faith but we must forsooth take their owne interpretations or rather wrestings of the Canons and false suppositions to bee sufficient decrees to determine matters of faith Now to Mr. Fitzherberts discourse 15 Secondly saith he c Pag. 178. nu 3. I wish Widdrington to consider that by this his distinction and the argument which hee deduceth from it hee may in like manner impugne the decree of the Apostles themselues made in their Councell at Hierusalem wherein they ordained and defined nothing else but matters of fact to wit that the Christians should abstaine from meates offered to Idols from things strangled and blood and fornication in all which the Apostles might according to this mans doctrine follow their owne priuate opinions and erre because their Decree concerned only matters of fact 16 But first this man supposeth that I impugne the Decree of the Lateran Councell which is very vntrue for I only expound and declare the sense and meaning of the Decree and disprooue the exposition which my Aduersaries make thereof Wherefore if wee may suppose that this Decree of the Apostles was concerning such a matter of fact which is not grounded vpon any doctrine of faith but only vpon opinions which are exposed to errour as I contend this Decree if wee may truely call it so of the Lateran Councell concerning the future deposition of temporall Land-lords Magistrates or Lords to be such a matter of fact then I say we may in the like proportionate manner I doe not say impugne but expound this decree of the Apostles as I haue and shall beneath expound the decree of the Lateran Councell in such sort that from thence no infallible doctrine of faith can be concluded to prooue that which some Authours from thence pretend to conclude to wit that the Church hath authoritie to make new lawes which shall haue force to bind in conscience 17 As for example supposing onely for Disputation sake but not affirming that the Church hath not authoritie to make new lawes and precepts which shall haue force to bind in conscience which doctrine some Authours attribute to Gerson but onely to declare the lawes and precepts of GOD and Nature and also to determine those lawes and praecepts which GOD and Nature haue left vndetermined either concerning the time place or manner as for example wee are commanded by the law of GOD and Nature to honour GOD and his Saints to fast to receiue the Eucharist to confesse our sinnes c. yet the time place and manner are not determined but left to the determination of the Church and so the Church appointeth Holy-dayes fasting-dayes the time of Easter to receiue and confesse our sinnes and such like which being supposed for probable but not granted wee may I doe not say impugne but probably expound that decree of the Apostles as some ancient Fathers doe expound it so that
whole to the censure of the Catholike Romane Church in that manner as bookes are vsually printed by Catholikes And if S. Ambrose or any other of the ancient Fathers were now aliue and should see bookes of certaine Catholikes directly impugning the Soueraigne power and authority of Kings and absolute that Princes whom they did so highly honor and reuerence affirming them to be inferiour in temporals to none but God alone vnder pretence of zeale to the Sea Apostolike and subiecting them to the coerciue temporall power of spirituall Pastours whereas their generall doctrine was that with temporall punishments they are not to be punished but by God alone and broaching by violence and without sufficient ground with scandall to Catholike Religion and contrary to the example of Christ and his Apostles and the whole primitiue Church new articles of faith in preiudice of temporall authority and not permitting any man eyther to call their new faith in question or for his better instruction or discussion of the controuersie to propound any difficulty against the same with a desire to be satisfied therein albeit he submit himselfe and all his writings to the censure of the Catholike Roman Church but with open mouth crying out against him and calling him an heretike disguised and masked vnder the vizard of a Catholike what would S. Ambrose trow you or any other of the ancient Fathers if they were now aliue say of such Catholikes Truly that nothing can be more dangerous then such Catholikes who vnder pretence of zeale to Catholike religion and to the Sea Apostolike inuent new articles of faith in preiudice of Christian Princes by wresting many places of the holy Scriptures as Quodcunque solueris Pasce oues meas Secularia iudicia si habueritis c. to a sense not dreamed of by the ancient Fathers by reason of their potency in the Court of Rome and their fauour with his Holinesse whose authority they pretend to aduance vniustly persecuting those that discouer their manifest frauds and falshoods 122 Lastly that which Mr. Fitzherbert obiecteth heere against me migh Bartholus Carerius and other Canonists obiecteth against Cardinall Bellarmines booke directly impugning the authority of the Sea Apostolike vnder a solemne protestation and profession of obedience to the Church But the plaine truth is that neyther of vs both doe impugne that authority whiCh is certainely knowne and acknowledged by all Catholikes to belong to the Sea Apostolike but as hee impugneth the direct power of the Pope to dispose of temporalls for that there is no sufficient ground to proue the same albeit some Popes haue challenged the same as due to them and some Canonists affirme that it is hereticall to deny the same so I impugne the doctrine of Cardinall Bellarmine who holdeth that it is certaine and a point of faith that the Pope hath at least wise an indirect power to dispose of all temporals and consequently to depose temporall Princes in order to spirituall good for that there is no sufficient ground to confirme the same 123 And the like argument might Mr. Fitzherbert vrge against all those learned Catholikes who constantly deny the Pope to haue authority to dispence in any true and lawfull marriage which is not consummated notwithstanding so many practises of Popes to the contrary impugning directly the Sea Apostolike and the whole course of Ecclesiasticall gouernment vnder a solemne protestation and profession of obedience to the Church For Saint Antoninus doth of affirme Antonin 3. part tit 1. cap. 21. § 3. Caiet tom 1. opusc trac 28. de Matrim q. vnica Nauar. in Manual cap. 22. nu 21. Henriq lib. 11. de matrim cap. 8. nu 11. in Com. lit F. Sot in 4. dist 27. q. 1. ar 4. that hee saw the Bulles of Pope Martin the fifth and Pope Eugenius the fourth who dispenced therein and Card. Caietane relateth that in his time Popes did oftentimes dispence therein and Nauar affirmeth that Pope Paulus the third and Pope Pius the fourth did dispence therein three or foure times by his Counsell and aduise And Henriquez the Iesuite saith that Pope Gregorie the thirteenth did in one day dispence therein with eleuen persons Whereupon Dominicus Sotus although he submitteth himselfe and all his writings to the Censure of the Church is not afraide notwithstanding this often practise of Popes which my ignorant Aduersarie calleth the practise of the Church to say that those Popes erred therein following the Canonists opinion which he affirmeth to haue in it no shew of probabilitie And why then may it not be said in like manner that his Holinesse condemning the Oath as containing in it many things flat contrary to faith and saluation followed Cardinall Bellarmines opinion and other Diuines of Rome who hold that the Popes power to excommunicate and inflict Censures is denied in the Oath and that the doctrine for the Popes power to depose Princes which is denied in the Oath is certaine and of faith which their doctrine in my opinion hath in it no shew of probabilitie at all euen according to those rules which Cardinall Bellarmine himselfe requireth to make any doctrine of Pope or generall Councell to be of faith Whereby is plainely discouered the manifest fraude and ignorance of my vncharitable Aduersarie in affirming my doctrine to be hereticall and my selfe to be an heretike disguised and masked vnder the vizard of a Catholik for denying the doctrine for the Popes power to depose Princes to be of faith whereas euen according to the rules which Cardinall Bellarmine requireth to make a matter of faith he cannot bring any one argument Which hath so much as a shew of probabilitie to conuince the same 124 Marke now the fraudulent Admonition which Mr. Fitzherbert giueth to his Catholike Reader vnder pretence forsooth of sinceritie and the feruent zeale he hath of his soules health And therefore I hope saith he e Pag. 223. nu 22. thou wilt be wary good Catholike Reader and diligent to discouer Widdringtons fraude thereby to auoide the danger of his poysoned pen pondering all this matter in the iust ballance of prudence that is to say that thou wilt counterpoise his vaine pretence of probabilitie not onely with the graue and sacred authoritie of the Churches practise for many ages but also with the Canons of generall and Prouinciall Councells with the Decrees of Popes and with cleere doctrine of so many famous and learned Writers as hee impugneth Also that thou wilt weigh his presumption in defending and iustifying the Oath with the iudgement authority of thy supreame Pastour who condemneth and forbiddeth it the pretended force and soliditie of his doctrine and arguments with the ridiculous absurdities which thou hast euidently seene in his answeres to mee outward shewes of affection to thee and desire of thy good with the inward intelligence he hath with Gods enemies and thine who employ him to deceiue thee seruing themselues of him as Fowlers doe of birds which they keepe in
Cages for stalles to draw other birds with their chirping into their nets and snares Also that thou wilt ballance thy obligation to man with thy dutie to God and the losse of thy temporall goods with the gaine of euerlasting glory from the which the Diuell seeketh by his meanes to debarre thee and therefore I wish thee euer to beare in minde this comfortable lesson of the Apostle 2 Cor. 4. Quod momentaneum leue est tribulationis nostrae aeternum gloriae pondus operatur in nobis 125 But on the contrary side I hope thou wilt bee warie good Catholike Reader and diligent first to discouer the manifest fraud and falshood of this vnlearned and vncharitable man thereby to auoyde the danger of his slanderous and poisoned pen in propounding to thee a new article of faith so preiudiciall to the supreame authority of temporall Princes so dangerous to thy owne spirituall and temporall good so repugnant to the example and practise of Christ and his Apostles and of the whole primitiue Church vnknowen to the ancient Fathers vntill the time of Pope Gregory the seauenth which at the first broaching thereof was branded with the marke of nouelty This nouelty not to say heresie Sigeb ad ann 1080. Onuph lib. 4. de varia creat Rom. Pont. saith Sigebert A thing vnheard of before that age saith Onuphrius and lastly not confirmed by any one argument which hath any shew of a probable proofe to confirme euen according to Cardinall Bellarmines grounds any doctrine which hath beene in controuersie among learned Catholikes to be certaine and of faith and the contrary to be hereticall 126 Secondly that thou wilt ponder all this matter in the iust ballance of prudence that is to say that thou wilt counterpoise his vaine pretended Catholike faith newly broached in the Christian world and the childish and ridiculous arguments brought to conuince the same with the example of Christ and his Apostles with the practise of the primitiue Church with the doctrine of the ancient Fathers with the authority of learned Catholikes who were neuer accounted heretikes or ill belieuers for impugning the same 127 Thirdly that thou wilt call to minde what is required euen according to Cardinall Bellarmines grounds to make a matter of faith so that all Catholikes are bound to beleeue the same and that all the Acts euen of generall Councells doe not appertaine to faith but onely the bare Decrees and those not all but those onely which are propounded as of faith * See also Estius in Praefat epist ad Hebraeos Where also he affirmeth it to be probable that Dauid did not make all the 150. Psalmes although the Councell of Trent in the Decree of Canonical Scriptures expresly mentioneth Dauids Psalter of a 150. Psalmes Whereby thou maiest plainly see that he hath brought no one argument which hath any colour of a probable proofe drawne either from the practise of some Popes which he falsly and fraudulently calleth the practise of the Church or from any Canon or Decree of Pope or generall Councell or from any other authoritie whatsoeuer to prooue this doctrine of the Popes power to depose Princes to be a point of faith and that the Councell of Lateran doth neither treate of the deposition of absolute Princes nor propound the doctrine whereof it treateth as of faith 128 Fourthly that thou wilt consider the doctrine of Sotus before rehearshed not onely concerning the Popes dispensations in lawfull and valide matrimony when carnall copulation doth not follow so often practised by diuers Popes which neuerthelesse hee impugneth as not hauing any shew of probabilitie but also touching the dutie of subiects towards their Superiours when they command any thing which is preiudiciall to a third person and the Subiect is doubtfull of the lawfulnesse thereof Whereby thou wilt cleerely perceiue that it is no presumption to reiect the iudgement of his Superiour albeit he be our supreme Pastour when it is contrary to the iudgement of other learned Catholikes or not to obey his declaratiue commandement grounded thereon especially humbly propounding to him the reasons of his doubts Neither is it more presumption for any man to say that the Pope was deceiued in his Breues following the doctrine of Cardinall Bellarmine and some other Diuines of Rome who hold it a matter of faith that the Pope hath authority to depose temporall Princes seeing that many learned Catholikes haue euer maintained the contrary then it was for Sotus and many others of his opinion to say that all those Popes that dispenced in the aforesaid Marriages were deceiued following the doctrine of the Canonists 129 Fifthly that thou wilt weigh my sound Replyes and plaine dealing in propounding to thee sincerely the true state of euery difficultie and omitting nothing which he obiecteth against me with his childish and ridiculous arguments and answeres and false and fraudulent proceeding in seeking to confound thy vnderstanding with generall and ambiguous words and which haue diuers senses which hee omitteth to explaine and in vrging those arguments which I my selfe obiected and concealing the answeres which I made thereunto and in imposing vpon me many vntruths thereby to make some shew of impugning my answeres and in particular concerning the Lateran Councell which hee so often saith I doe impugne and then especially when I make no mention at all thereof whereas it is manifest that I doe not at any time impugne that Decree or Act but the exposition which he and some others make thereof and I doe expound it according to the grounds and principles of learned Catholikes both Diuines and Lawyers Also that thou wilt ballance thy dutie towards God with thy obedience due to Caesar and render to either of them that which is their due neither for feare of disgrace humane respect or any other temporall losse thou wilt so adhere to the Pope as to renounce thy allegiance due to thy temporall Prince from which the Deuill by my Aduersaries meanes vnder pretence of zeale to the Sea Apostolike seeketh to draw thee And therefore I wish thee euer to beare in minde the expresse commandent of our Sauiour Matth. 22. Render the things that are Caesars to Caesar and the things that are Gods to God and for thy more particular direction heerein especially to remember that vnboubted principle of Fa. Lessius which aboue in the Preface * nu 15. 16. I did also recommend to thy memorie A power which is not most certaine but probable cannot bee a ground or foundation to punish any man or to depriue him of his right and dominion De Regulis Iuris in 6o. and ff de Regulis Iuris In pari causa which he really possesseth for that according to the approued maxime both of the Canon and Ciuill law In a doubtfull or disputable case the state or condition of the possessor is to bee preferred 130 Lastly to that which this spitefull man obiecteth against me concerning my inward intelligence
ROGER WIDDRINGTONS Last REIOYNDER TO Mr. THOMAS FITZ-HERBERTS REPLY CONCERNING THE OATH OF ALLEGIANCE And the POPES power to depose PRINCES Wherein all his arguments taken from the Lawes of God in the old and new Testament of Nature of Nations from the Canon and Ciuill Law and from the Popes Breues condemning the Oath and the Cardinalls Decree forbidding two of Widdringtons Bookes are answered Also many Replies and Instances of Cardinall Bellarmine in his Schulckenius and of Leonard Lessius in his Singleton are confuted and diuers cunning shifts of Cardinall Peron are discouered PROVERBS 12. The lip of truth shall be stable for euer but he that is an hasty witnesse frameth a tongue of lying IHS Permissu Superiorum 1619. ⧠The CONTENTS of this TREATISE THE Preface to the Reader wherein it is shewed first how dangerous and pernitious a thing it is vnder pretence of zeale to Catholike Religion and to the Sea Apostolike to coyne teach and publish by fraude and violence false articles of Catholike faith especially in things which doe greatly derogate from the temporall Soueraignty of absolute Princes Secondly how exceedingly Widdringtons Aduersaries doe preiudice themselues and their cause by handling this controuersie concerning the Oath of Allegiance and the Popes power to depose Princes in such a fraudulent vncharitable and slanderous manner and in not permitting learned Catholikes to whom the charge of soules is committed and who ought alwaies to bee ready to satisfie euery one that asketh them a reason of their Catholike faith to try and examine by the true touchstone of Catholike faith and the vndoubted principles of Catholike Religion whether the faith which they pretend to bee Catholike bee a false and forged Catholike faith or no Thirdly what is Widdringtons chiefe drift in making this Reioynder and in continuing still to handle this controuersie CHAP. I. Widdrington freeth himselfe of two fraudes whereof he is wrongfully accused and returneth them backe againe vp his Aduersary Secondly hee discouereth the fraude and falshood of his Aduersaries reasons which he yeeldeth for the supposition of his Discourse and that therein he contradicteth his owne grounds Thirdly he plainly sheweth that he hath answeared probably and like a good Catholike CHAP II. Widdringtons answere to an argument of his Aduersary taken from the rule of the law The accessory followeth the principall is confirmed Secondly Two Instances which he brought against that rule are prooued to be sound and sufficient Thirdly that place of S. Paul 1. Cor. 6. If you haue Secular iudgements c. is at large examined CHAP. III. Widdringtons answere to Fa. Lessius argument taken from that maxime Hee that can doe the greater can doe the lesse is confirmed Secondly the foure Instances which hee brought to confute the said argument and maxime are examined and prooued to be neither friuolous nor impertinent but sound sufficient and to the purpose Thirdly Cardinall Bellarmines example touching the translation of the Romane Empire and the argument which D. Schulckenius bringeth to confirme the same with two other examples of Clodoueus King of France and of Boleslaus King of Polony are confuted CHAP. IIII. Widdringtons interpretation of that clause of the Oath wherein the doctrine that Princes who are excommunicated or depriued by the Pope may be deposed or murthered by their subiects or any other whatsoeuer is abiured as impious and hereticall is prooued to bee sound and sufficient and is cleered from all absurditie and contradiction euen by M. Fitzherberts owne examples and that it may without periurie be sworne by any Catholike CHAP. V. Widdringtons answeres to all M. Fitzherberts arguments taken from the law of God both in the olde and new Testament are prooued to be truely probable and sincere and no way fraudulent or contrary to his owne doctrine SEC 1. First all the authorities which are brought out of the old law are confuted in generall by the doctrine of Cardinall Bellarmine and other learned Diuines Secondly the arguments taken from that place of Deuteron 17. Si difficile ambiguum c. and the examples of Eleazar and Iosue and from the difference of the sacrifices to be offered for Priests and Princes together with the testimonies of Philo Theodoret and Procopius are answered in particular SEC 2. All M. Fitzherberts arguments taken from the olde law since the institution of Kings are at large examined and first his argument taken from the authority of Priests and Prophets to create annoint chastice and depose Kings is disprooued Secondly Widdringtons answeres to the examples of Queene Athalia deposed by Ioiada the high Priest and of King Ozias deposed by Azarias the high Priest are confirmed and whatsoeuer D. Schulckenius obiecteth against the said answeres is related and answered Thirdly it is shewed that the authority of S. Chrysostome brought by M. Fitzherbert to confirme the example of King Ozias maketh nothing for him but against him and that in vrging this authority he dealeth fraudulenty peruerteth Saint Chrysostomes meaning and also contradicteth Card. Bellarmine SEC 3. All M. Fitzherberts arguments taken from the new Testament are examined and first his comparison betweene the old law and the new the figure and the verity is prooued to make against himselfe Secondly those words of our Sauiour Whatsoeuer thou shalt loose c. and Feed my sheepe are declared and the arguments drawne from thence and from the nature of a well instituted Common-wealth are satisfied and Doctor Schulckenius Reply is proued to be fraudulent and insufficient Thirdly the authoritie of the Apostle 1 Cor. 10. affirming that he and the rest were readie to reuenge all disobedience is answered M. Fitzherberts fraud in alledging the authority of S. Augustine is plainely discouered and the Conclusion of his Chapter shewed to be false and fraudulent CHAP. VI. M. Fitzherberts arguments taken from the law of Nature are confuted and first it is shewed in what manner temporall things are by the law of Nature subordinate to spirituall and the temporall Common-wealth to the Church of Christ Secondly that Religious Priests cannot by the law of Nature punish temporall Princes temporally and that in the law of Nature the ciuill societie was supreme and disposed of all things as well concerning religion as State and that therefore the new Oath denying the Popes power to depose Princes is not repugnant to the law of Nature Thirdly the difference betwixt the directiue and coerciue power and how temporall things become spirituall is declared and from thence prooued that the Church may command but not inflict temporall punishments and diuers Replies of M. Fitzherbert and D. Schulckenius are confuted CHAP. VII 1. Certaine places of the old and new Testament are explained 2. D. Schulckenius Reply to the answere Widdrington made to those wordes Whatsoeuer thou shalt loose c. and thirdly Cardinall Bellarmines second reason and Fa. Parsons answere to the Earle of Salisburie grounded thereon and fourthly other arguments brought by M. Fitzherbert from the examples of Ananias
and depriue is necessarily included in his Regall authoritie but all Catholikes doe not beleeue whatsoeuer my Aduersary and some few others doe that the power to depose Princes is necessarily included in that spirituall Supremacie which Christ hath giuen to S. Peter and his Successours as hath bene amply prooued by me and diuers others and what particulars Mr. Fitzherbert hath laide here or in his Supplement concerning this point we will beneath in their due places examine 34 His first reason he deduced from the grounds and principles of the Protestants Religion and from the doctrine and beliefe of his Maiesty and those of the Parliament who made the oath But how silly and insufficient this reason is yea and repugnant to his owne grounds and also of Fa. Parsons in whose defence hee wrote his Supplement any man of iudgement may quickly perceiue For behold his reason It is great reason sayth he to interprete all assertions positions lawes or decrees especially such as touch Religion according to the doctrine and beliefe of the Authours thereof for it is to be presumed that euery one speaketh 〈◊〉 and decreeth according to the grounds and principles of his beliefe and Religion but it is an assertion position and the beliefe not onely of his Maiestie but also of the Parliament which decreed the oath that the Pope cannot depose his Maiestie because he hath no authoritie at all in England and especially ouer his Maiestie therefore it is great reason to affirme that the new oath denying the Popes power to depose his Maiestie implieth a deniall of the Popes Supremacie 35 But first his Minor proposition is very vntrue For neither his Maiestie nor the Protestants doe hold that the Pope can not depose his Maiestie because he hath no authoritie at all in England and especially ouer his Maiestie This indeed is the reason why they hold that the Pope cannot excommunicate his Maiestie because he hath no authoritie at all in England and especially ouer his Maiestie But the reason why they hold that the Pope hath no authoritie to depose his Maiesty is for that deposition being not an Ecclesiasticall or spirituall but a ciuill and temporall censure or punishment for what crime soeuer it be imposed can not be inflicted by any Ecclesiasticall or spirituall authoritie For which reason the Protestants doe holde that although the Protestant Bishops of this Realme haue Ecclesiasticall and Episcopall authoritie herein England yet they haue no authoritie by vertue of their Episcopall power to depose or depriue his Maiestie of his temporall dominions for that they take deposition or any such temporall violence as his Maiestie affirmeth u In his Premonition pag. 9. to be farre without the limits of such a spirituall Censure as Excommunication is 36 And although this be sufficient to shew the insufficiencie of this my Aduersaries reason yet graunting him onely for Disputation sake which he in his Minor proposition vntruely affirmeth that his Maiestie and the Parliament should hold that the Pope can not depose his Maiestie because he hath no authoritie at all in England his reason neuerthelesse is both insufficient and also repugnant to that which Fa. Parsons and he himselfe suppose to be true For albeit Fa. Parsons doth confidently affirme x In his booke intituled The iudgement of a Catholike English man c. part 1. nu 22. pag. 13. and 16. that there is no man who sticketh or maketh difficultie to acknowledge our Soueraigne to be true King and rightfull Lord ouer all his Dominions for that euery English Catholike will sweare and acknowledge most willingly all those parts and clauses of the oath that doe any way appertaine to the ciuill and temporall obedience due to his Maiestie whom hee acknowledgeth to be his true and lawfull King and Soueraigne ouer all his Dominions and the same in effect doth my Aduersarie in his supposition affirme as you haue seene before y Nu. 6. yet according to this his reason neither he nor any other Catholike can acknowledge King Iames to be our true and lawfull Soueraigne nor can promise to yeeld him all temporall alleagiance nor to defend him from all treasons and traiterous conspiracies nor to disclose them when they shal come to their knowledge when any such acknowledgement shall be demanded at their hands by the Protestant Magistrate for that in the opinion of all Protestants the Ecclesiastical Supremacy of his Maiesty as my Aduersary himselfe confesseth is included and necessarily deduced from his temporall and Kingly authoritie and all reconcilements to the Pope and all returnings of Priests into this land made by the Popes authoritie are by the lawes of this Realme made treasons and traiterous conspiracies 37 Seeing therefore to vse my Aduersaries wordes It is great reason to interprete all assertions positions lawes or decrees especially such as touch Religion according to the doctrine and beliefe of the Authors thereof for it is to bee presumed that euery one speaketh writeth and decreeth according to the principles and grounds of his beliefe and Religion it is cleere that if my Aduersaries argument be good neither he nor any other Catholike can acknowledge King Iames to be their true and lawfull Soueraigne and that they will yeeld him all temporall allegiance and defend him from all treasons and disclose them when they shall come to their knowledge for that in the opinion of all Protestants his Ecclesiasticall Supremacy as my Aduersary himselfe confesseth is included in his Regall and Kingly authoritie and according to the lawes of this Realme all reconcilements to the Pope and all returnings of Priests into this land made by the Popes authority are treasons and traiterous conspiracies So that you see what contradiction there is in my Aduersaries sayings and what a prettie argument hee hath made to prooue himselfe a traytour seeing that according to his owne grounds hee can not acknowledge King Iames to be his true and lawfull Soueraigne nor promise to yeeld him all temporall allegiance if it should be exacted by the Protestant Magistrate for that in the opinion of all Protestants his Maiesties spirituall Supremacy is included in his Regall and Kingly authoritie 38 But secondly if Mr. Fitzherbert had beene pleased out of the desire of truth to handle this question betweene him and mee sincerely and not with a flourish of words to obscure the difficulty and blind the vnderstanding of simple and scrupulous Catholikes he might eyther out of his owne iudgement or at lest wise from of that which I in my Theologicall Disputation did answere to the arguments of Gretzer Disputatio Theol. c. 2. sect 1 who thought it vnlawfull to acknowledge King Iames to bee our Soueraigne Lord in temporals and of Capellus z Ibid. c. 6. sect 5. who also thought it vnlawfull for any Catholike to promise that he will disclose all treasons and traiterous conspiracies for the reasons aforesaide and also from that which out of the doctrine of Suarez a
body which for as much as appertaineth to the power it selfe and not in regard of all other things which are requisite that the power shall haue effect is sufficient and necessarie to the eternall saluation of soules yet that hee must needes haue euen ouer the soule and much lesse ouer the body and temporall goods and states all that power which is conuenient for the good of soule as my Aduersary heere affirmeth is very vntrue for this were a too too large extension of the Popes pastorall power ouer the soule and body and would cleerely prooue that the Pope should haue power to doe miracles as the Apostles had and by miraculous operations to bring actually all Christians to the kingdome of heauen For no man as I thinke can make doubt but that the Pope to haue all that power whereby all Christians shall bee actually saued is very conuenient for the good of soules Neither will my Aduersarie be euer able to prooue that it is necessary to the saluation of soules or to the gouernment of the Church as it was instituted by Christ to bee a spirituall and not a temporall Common-wealth to haue power to dispose of temporals and to depriue temporall Princes of their kingdomes and liues 12 Secondly that proposition he that hath the greater power hath the lesse which my Aduersary vntruely saith to bee a rule of the Law for that it is not to bee found among the rules either of the Canon or Ciuill Law is very vntrue if it bee taken in those generall wordes and without due limitations which my Aduersary doth not declare as might be conuinced by infinite examples whereof some may be seene in the next Chapter where wee shall treate of this Maxime more at large and for the present this onely shall suffice that if it were vniuersally true it would cleerely conuince that the Pope who by the institution of Christ hath spirituall power which is the greater power should also haue temporall power which is the lesse which my Aduersarie as I thinke will hardly grant vnlesse hee will now become a Canonist and affirme that the Pope as Pope hath both temporall and spirituall power and is both a temporall and spirituall Prince which is repugnant to the common doctrine of the Diuines of his owne Societie 13 True it is that if the lesse be taken for that which is contained in the greater either actually and formally or vertually he that hath the greater power hath formally or vertually also the lesse as because a hundred crownes is actually contained in a hundred pounds and foure degrees of heate is actually contained in eight and heate is vertually contained in light therefore from those rules of the law which rather may bee called rules of naturall reason for that they are grounded vpon the light of nature i De regulis iuris in 6. regula 35. 80. Plus semper continet in se quod est minus into to partem non est dubium contineri The greater doth alwaies containe in it the lesse and there is no doubt but that a part is contained in the whole we may rightly inferre that he who can giue a hundred pounds can giue a hundred crownes and the fire which can produce eight degrees of heate can produce foure and the Sunne that hath power to produce light hath also power to produce heate But temporall power is neither formally nor vertually contained in the spirituall power of the Pope although it be vertually and supereminently contained in the spirituall power of God almightie in whom all create powers are vertually in an infinite and superexcellent manner contained That which is obiected saith Ioannes Parisiensis he that hath power to doe the greater Ioan. Paris de potest Regia Papali cap. 17. ad 17. hath power to doe the lesse therefore the Pope who hath power in spiritualls hath also power in temporalls it is true in the greater and lesser which are per se subordained as because a Bishop hath power to ordaine a Priest therefore he hath also power to ordaine a Deacon but it doeth not hold in those things which are of a diuerse order or kind as because my father could beget a man therefore hee can also beget a dogge or because a Priest can absolue from sinne therefore hee can also absolue from the debt of money 14 Thirdly neither is that true which my Aduersary affirmeth that S. Paul by that proposition he that hath the greater power hath the lesse did iustifie his dealing with temporall affaires when hee aduised the Corinthians to constitute and appoint Iudges amongst themselues to decide their controuersies rather then to haue recourse to the tribunalls of Infidells which Iudges S. Chrysostome vpon this place calleth Arbiters and accorders or reconcilers For S. Paul foreseeing that some might easily obiect as S. Chrysostome obserueth that those Corinthians who were newly become Christians were for the most part rude ignorant and vnnoble and therefore might seeme to bee men vnfit and vnworthie to intermeddle in secular controuersies therefore to preuent this obiection he vseth an argument which the Logicians call a maiori ad minus from the greater to the lesse which argument is not grounded in that maxime he that hath the greater power hath the lesse but in this hee that is worthie to haue the greater power is not vnworthie to haue the lesse To preuent therefore that obiection S. Paul argueth in this maner Know you not that the Saints shall iudge of the world and if the world shall bee iudged by you are you vnworthie to iudge especially as Arbitratours of the least things Know you not that wee shall iudge Angels how much more secular things 15 This therefore is the force of the Apostles argument as Benedictus Iustinianus a learned Iesuite vpon this place doeth well declare The Apostle saith he argueth a maiori from the greater Beâ—ed Iustin in 1. Cor. 6. For if the Saints are accounted worthie to be appointed Iudges of the whole world who can thinke them vnworthie to bee ouer the meanest and least iudgements If to your iudgement the world shall be subiect are you to bee accounted vnworthie to decide and compose the least controuersies and strifes of your brethren If we shall iudge the Angels these bee the wordes of Photius related by Iustinian how much more shall wee bee fit to compose the strifes and controuersies which arise concerning things necessarie to mans life whereupon the Apostles argument doth well conclude saith Iustinian that those who are appointed Iudges of the world cannot bee accounted vnworthie to haue charge of humane iudgements if they bee appointed by them who haue this authoritie or who may by right subiect themselues to their iudgements as those who are in suite may to Arbitratours Neither is this repugnant saith Iustinian to the publike authoritie of Iudges and Magistrates for no man is compelled to goe to the Magistrate if by other waies he may
peaceably maintaine his owne right 16 Neither were those Iudges whom the Apostle commanded or aduised the Corinthians to appoint any other then Arbiters or Arbitratours in power although we should grant that they were to be chosen by common consent and not by the parties only who were in suite which neuerthelesse cannot be conuinced by the Apostles words For albeit the Apostle doeth not say which is the onely reason that D. Schulckenius bringeth to prooue D. Schulck in Apol. ad nu 269 pag. 445. that they were to be chosen by common consent that euery man must choose to himselfe an Arbiter for Arbiters are not to be chosen by the consent of one only partie but by the consent of both yet the Apostle doeth not say that the whole Church of the Corinthians is by common consent of all to choose the Iudges of such causes as D. Schulckenius without any sufficient ground affirmeth but rather Saint Paul saith the cleane contrarie For these bee his words If therefore you shall haue secular iudgements the contemptible that are in the Church set them to iudge wherefore the Apostle speaketh only to those Corinthians who shall haue secular iudgements that is as Iustinian well expoundeth who shall haue controuersies strifes to bee debated and not to the whole Church vnlesse we suppose that the whole Church shall bee at strife among themselues and also hee speaketh with a condition that if the Corinthians shall bee at strife they shall appoint men to decide their controuersie so that the parties who shall bee at strife and not the whole Church vnlesse the whole Church shall bee at strife are according to the Apostles command or aduise to appoint men to iudge or decide their controuersie 17 But be it so that the Apostle should not say if you shall haue secular iudgements appoint contemptible persons to iudge and decide your controuersies but he should say because it may be and it is very like to fall out that you shall haue now and then secular iudgements therefore I will haue you to choose before hand by common consent same contemptible persons to iudge and decide those controuersies which shall heereafter arise among you which neuerthelesse were to wrest the words of the Apostle which of themselues are very plaine yet it is cleere that these Iudges were in power meere Arbiters or Arbitratours and had no publike and lawfull authoritie of themselues to giue iudgement to which the parties were in iustice bound to stand but they receiued their power and authoritie to giue iudgement and to make a finall end of controuersies from the parties who were at strife and who for the auoyding of scandall which the infidels might take seeing their strifes and contentions submitted themselues to their decision and arbitrement 18 That they were Arbiters or Arbitratours S. Chrysostome Chrysost in 1. Cor. 6 Almain de potest Eccle. Laica q. 1. cap. 10. Abulens q 96. in cap. 20. Mat. Salmeron tom 14. disp 9. Iacobus Almainus Abulensis and Salmeron a learned Iesuite doe in expresse words affirme And also that they had no publike power but onely priuate and if we may so call it compromissorie which they receiued from those priuate persons who werein suite and by their mutuall promise and consent gaue power to those Arbiters to iudge and make a finall end of their controuersies k in Apol. nu 271. I prooued by the authoritie of S. Thomas and the glosse of Nicolaus de Lyra vpon that place for that according to their doctrine the appointing of those arbitrarie Iudges did nothing derogate from the subiection and obedience which the Christians did owe to Heathen Princes and that they were bound to appeare before the Heathen Magistrate and consequently to stand to his iudgement when they should be called to his tribunall and that the Apostle doth onely forbid the faithfull Corinthians to goe willingly and haue recourse to Heathen Iudges in those causes which may bee determined by the faithfull 19 From whence it euidently followeth that the power of these Iudges was onely priuate arbitrarie or compromissorie and not publike for if they had publike authoritie to decide Secular causes without the expresse or tacite consent of the Secular Prince it must needs derogate from the subiection which they did owe to the Secular Prince neither could the Heathen Iugdes haue lawfull power to reuerse that sentence which was giuen by those Christian Iudges if the cause had bâ—ne before decided by sufficient and publike authoritie of a more eminent power and tribunall which must also be a derogation to their authoritie and to the subiection which in Secular causes is due to Secular Princes And this also Benedictus Iustinian doth very plainly insinuate when he affirmeth that by this any man may easily vnderstand that the Apostle doth not speake of lawfull iudgements which are exercised by Magistrates and publike Iudges by publike authoritie but of those who by the common consent to wit of those who are at strife are appointed debaâ—â—rs of ciuill controuersies and that this right and authoritie of the Apostle to command humane and ciuill things doth not repugne to the publike authoritie of Iudges and Magistrates for that no man is compelled to goe to the Magistrate if by other waies he may peaceably maintaine his owne right 20 By which it is euident that this manner of iudging which the Apostle commands was not legall or done by publike authoritie and that these Iudges were not Magistrates and who had publike authoritie And therefore although these arbitrarie Iudges were appointed by the declaratiue commandement of the Apostle for the auoyding of scandall yet their power was only priuate and compromissorie and was giuen them by the mutuall consent of both parties in so much that if either of the parties who were in suite would not haue obeyed the Apostles commandement admitted of those Arbiters but would haue had recourse to the tribunal of the Heathen Magistrate although by disobeying the Apostles commandement and by scandalizing Christian Religion he should haue greatly offended yet he should not haue offended against iustice in wronging either of those Christian Iudges or the other partie that would not willingly goe to the Heathen Magistrate against which without doubt he should haue offended if hee had refused to obey the sentence of his lawfull and legall Iudge and who had full power and authoritie to decide and end the cause 21 And by this it is very cleere that my Aduersaries conclusion is very vntrue to wit that the Apostle did intermeddle in the temporall and politike gouernment which then belonged to the Pagan Emperour for this had bene to derogate from the ciuill subiection due to temporall Princes but he did onely intermeddle with the priuate and peaceable composition of secular controuersies among the faithfull Corinthians which euery Christian without any publike authoritie or any preiudice to the same might doe and which the Apostle by his Apostolicall
the necessarie good of their owne soules and of their subiects 36 Neither doe those examples or facts or Popes which my Aduersarie here bringeth or any such like sufficiently prooue a power in the Pope as he is a spirituall Pastour to change transferre giue or take away earthly kingdomes for that it is one thing sayth Card. Bellarmine n in Resp ad Apolog pag. 157. Edit Colon. to relate the facts of Kings and so likewise of Popes and an other thing to prooue their power right and authoritie As Leo the third Pope of that name o pag. 47. nu 13 Egmarth in vita Caroli Annales Francof anno 801. Paul Diacon lib. 23. Zonaras tom 3. Annal Cedrenus in vita Constant Irene sayth my Aduersarie gaue to Charles the great the Empyre of the West which was acknowledged by the Greeke Emperours themselues to be the Popes gift c. 37 But to this example I did fully and clecrely answer in my Apologie p nu 414. seq to wit that the Romane Empire was not translated from the Grecians to the Germans by the onely authoritie of the Pope but also by the common consent suffrages ordinance decree and authoritie of the Senate and people of Rome both Clerkes and Laikes with the tacite consent at least wise of all others to whom it did belong amongst whom the chiefest of all was the Bishop of Rome who did not by his spirituall or Pontificall authoritie which he as Pope receiued from Christ cause that translation but as he being the principall member and citizen of Rome and of the Romane Empire did by his aduise consent solliciting procurement suffrage and authoritie chiefly set forward that translation and as he was Pope did by his Pontificall authoritie approoue it to be lawfull and no way repugnant to the law of God or nature for which causes he is said by many writers to haue transferred that Empire as the chiefe and principall Authour procurer and approouer thereof 38 And this I did sufficiently prooue in that place both by the grounds of Card. Bellarmine himselfe and also by the testimonies of those Authours whom he alledged For nothing can be concluded saith he q lib. 2. de Rom. Pont. cap. 8. by arguments taken from authoritie negatiuely For it doth not follow Luke Paul and Seneca doe not say that S. Peter was at Rome therefore S. Peter was not at Rome For these three were not bound to say all things and more credite is to be giuen to three witnesses affirming then to a thousand saying nothing so that these doe not deny what the others doe affirme Seeing therefore that none at all of those thirtie two Authours whom Card. Bellarmine brought for witnesses of the translation of the Empire made by the Pope doth deny that the aforesaid translation was done by the authoritie of the Senate and people of Rome and not onely three of Card. Bellarmines Authours but also many more whom I cited there doe most plainly affirme that both the authoritie of the Pope and also the consent decree ordinance suffrage and authoritie of the Senate and people of Rome did concurre to that translation more credite is to be giuen to them who doe affirme that the Empire was translated by the Pope Senate people of Rome then to all the rest although they were a thousand who albeit they say that this translation was done by the Pope yet they doe not deny that it was also done by the Senate and people of Rome Thus and much more to the same purpose did I answere in my Apologie r See Apologie 427. seq 39 Now you shall see how cunningly and insufficiently D. Schulckenius doth shift of this my answere For whereas he is very diligent for the most part to set downe my words and text in particular when hee imagineth that with any colourable Reply hee can confute them yet here he relateth Cardinall Bellarmines argument drawne from the translation of the Romane Empire to the French men but hee altogether concealeth my answere thereunto and so passeth ouer twentie pages of my Apologie wherein both by his owne grounds by his owne Authours and many others I cleerly proued that this translation was done not onely by the authoritie of the Pope but also of the Senate and people of Rome and onely with a flourish of words hee endeuoureth to prooue by a Dilemma which as you shall see is neither to the question betwixt me and Cardinall Bellarmine and which I also answered in that place That I must either approoue Card. Bellarmines opinion or else cleerely contradict my selfe in my answere Wherefore although D. Schulckenius maketh this title of his foureteenth Chapter The answere of Widdrington to the rest of the examples which are taken from the facts of Leo the third c. is examined yet hee neither examineth my answere to that fact of Leo nor setteth it downe at all albeit he confesseth that I haue at large disputed thereof But this is all that he replieth r Schulck in Apol. cap. â— pag. 597. 598. 40 And of the translation of the Empire Cardinall Bellarmine hath exactly soundly and diligently written three bookes of a iust bignesse in so much that nothing doth seeme can be added thereunto Onely at this time I doe make this argument against my Aduersary Widdrington Either that translation was true or faigned If hee say it was faigned hee will bee ouerwhelmed with the voyces of all Historiographers and hee will take away all humane faith out of the world But if hee say it was truely done I aske againe whether it was done iustly or vniustly if hee say it was done vniustly first he will contradict almost all Catholike Writers for onely the Magdeburgian Heretikes doe blame it as one of the miracles of Antichrist Besides that hee will wrong all the Latin Emperours who from that time haue beene shall be as though their Empire is not grounded vpon a sound foundation Lastly he will reprehend all the people of the West yea all the world who haue hitherto honoured the Latin Emperour as a true and lawfull possessour of the Empire For also the Grecians themselues with their Emperour and the Persians as wee haue related out of Bellarmine in the former Chapter Å¿ Ad nu 390. haue acknowledged the Latin Emperours as true and lawfull Emperours 41 But if Widdrington say that it was done iustly I demand whether it was done by the authority of the Romane Bishop the Citizens of Rome assenting or also requesting it or whether it was done by the authoritie of the people of Rome the Pope assenting and crowning and blessing the Emperour chosen by the people or whether it was done by the authoritie of the Pope and of the people of Rome together If he will say that it was done by the authoritie of the Bishop of Rome the Citizens of Rome assenting and requesting it he will agree both with the truth of
only be knowne by them who ought to bee annointed and that it might bee done more secretly it was done by them and so it was in all the aforesaid examples for Saul was annointed not by succession seeing that hee was the first King of Israel Dauid also was not annointed by succession for the children of Saul ought to succeede Iehu also who was not of the race of the Kings of Israel and he was annointed to ouerthrow the house of Achab 4. Reg. cap. 9. 3. Reg. cap. 19. and Asael was not of the issue of the Kings of Damascus and he was annointed by Elias to persecute the Israelites Thus Abulensis 3 So likewise the creation institution and deposition of Kings in that manner as the aforesaid Kings were created instituted and deposed were spirituall not temporall actions For the Prophets did not create institute or depose Kings by their owne proper authoritie or by any ordinarie power of theirs but only by an extraordinarie power as they were meere messengers and sent by God with a peculiar and extraordinarie message or ambassage to create institute or depose the aforesaid Kings whereupon they did not speake in their owne names but in the person of almightie God saying this saith the Lord I haue annointed thee to bee King or the Lord hath sent me to annoint thee to bee King or the Lord hath reiected thee that thou shalt not bee King and hath deliuered it to thy neighbour better then thy selfe So that the aforesaide creations institutions and depositions were onely declarations of the will of God which without all doubt are spirituall actions Neither from hence can it bee rightly concluded that therefore the Priests of the old law had authoritie to create depose or chastise Kings temporally or that Kings were subiect to Priests in temporalls because sometimes Prophets were sent by God as his messengers to declare his will and to tell them that God would create depose or chastise them with temporall punishments 4 And who would not blush to heare a man who taketh vpon him to bee learned and to be a teacher of others in such difficult and dangerous points of Diuinitie vrge such pitifull arguments to prooue matters of so great moment as is the dethroning of Kings and absolute Princes and the subiecting of them to Priests in temporall affaires A Priest hath power to blesse the King and all the people as it is vsuall at the ende of Masse therefore the King and all the people are subiect to the Priest in temporall things for without any contradiction saith the Apostle the lesse is blessed by the better The father hath authoritie to blesse his sonne who is a King and consequently supreame in temporalls therefore without doubt hee is greater then his sonne in temporalls One of the Kings priuie chamber is sent by the Kings expresse order to declare to one that it is his Maiesties pleasure to make him Lord Chancelour therefore without doubt one of the Kings priuie chamber hath authoritie to make one Lord Chancelour If God almightie had giuen to the Priests and Prophets of the old testament authoritie to denounce to the King or people concerning temporall affaires as is the creation or deposition of King and Princes not only what God himselfe had reuealed vnto them and commanded them to denounce but also what according to their owne will and iudgement they thought fit and conuenient then there might bee drawne from thence a good argument to prooue that Kings were subiect to the Prophets in temporall affaires but seeing that it was not lawfull for the Prophets of the old law in such cases to commaund or denounce to the King or people but that which by some cleare and assured reuelation God had commanded them to declare and signifie concerning such temporall affaires it is manifest that no colourable argument can be drawne from thence to prooue that the Priests or Prophets of the old law had authoritie to create institute depose or punish Kings temporally 5 Neither doth S. Chrysostome cited by my Aduersarie teach any other thing then that Kings are subiect to Priests in spiritualls and that the office of a Priests is in worth dignitie and nobilitie greater and more excellent then the office of a King for that a King hath power only ouer earthly things but a Priest ouer heauenly to the Priest are committed soules to the King bodies the King taketh away the spots of the bodie the Priest the spots of sinnes c. But St. Chrysostome neuer meant that Kings were subiect to Priessts and Prophets in temporalls or were to be punished by them temporally but hee affirmeth the cleane contrarie to wit that Priests and Prophets are subiect to temporall Princes Omnis anima c. Let euery soule saith he c Hom. 23. in c. 13. ad Rom. bee subiect to higher powers albeit thou be an Apostle albeit an Euangelist albeit a Prophet or lastly whosoeuer thou be for this subiection doth not ouerthrow pietie and hee doeth not say simply let him obey but let him be subiect And againe S. Chrysostome affirmeth d In that place aboue cited by my Aduersarie l. 2. de Sacer. â—nto med that a Priest hath not so great power granted him to punish delinquents and to compell a man to change his euill manners as a temporall Iudge hath to wit by forcing him with temporall punishments but only by reproouing and giuing a free admonition not by raising armes by vsing targets by shaking a lance by shooting arrowes by casting darts but onely saith hee againe by reproouing and giuing a free admonition 6 Neither also can Mr. Fitzherbert sufficiently conuince that when Dauid was first annointed by Samuel Saul was forthwith depriued of his Regall authoritie or right to reigne but onely that Dauid was instituted the future King and heire apparant to the Crowne and to succeede him after his death as likewise when Salomon was annointed King Dauid was not thereby depriued of his Regall authoritie but only Salomon was declared to be the future King and to succeede Dauid in the kingdome But howsoeuer it be it is little to the present controuersie whether Saul after Dauid was annointed by Samuel was true King de facto de iure or Dauid King de iure Salomon de facto for that Samuel in that businesse was only a messenger of GOD and did nothing by his owne proper authoritie but onely what GOD by a peculiar reuelation did commaund him to doe And so if almightie GOD should now in the new Testament by any vndoubted reuelation command a Priest to deliuer this message to such a King that for the sinnes hee had committed hee would depriue him of his kingdome and giue it to another mor vertuous then hee no man will deny but that this Priest hat good and full power and authoritie to doe that message but from hence to argue an ordinarie power to bee in Priest to giue and take away kingdomes were
is said And our Lord stroke the King and he was a leper vntill the day of his death and he dwelt in a free house apart but Ioathan the Kings sonne gouerned the Palace and iudged the people of the Land But from hence it cannot be conuinced that this free house a part was in the City but rather apart out of the City and therefore the opinion of Iosephus seemeth to be more agreeable to the words of holy Scripture Num. 5. And our Lord spake to Moyses saying Command the children of Israel that they cast out of the campe euery leper 172 Therefore I will conclude vpon the premisses cleane contrarie to Mr. Fitzherberts inference that for as much as the law of GOD assigned no Soueraigntie in iudgement to the High Priests and their consistorie in temporall causes but only in meere spirituall as was to declare the law of God and to iudge one to be infected or not infected with leprosie according to the signes and tokens prescribed by the law and to declare them that were infected to be separated and cast out of the campe according to the Prescript of the law which is the plaine meaning of those words ad arbitrium illius separabitur and he shall be separated at his arbitrement or iudgement that is if the Priest doe declare or iudge him a leper he shall be separated and cast out of the campe and seeing that the executing of the law concerning temporall punishments and the separating of lepers by force and temporall constraint did not belong to the Priests but to the supreme temporall authoritie which did reside in the Kings and not in the Priests who were subiect to the Kings in temporalls and might be punished by them with temporall punishments as I haue amply proued in these two Sections and the aforesaid words Num. 5. Command the children of Israel he doth not say command the Priests although then the Israelites had no King neither did the supreme temporall authoritie reside in the Priests but rather in the people that they cast out of the Campe euery leper it followeth euidently that the Priests were not the supreme heads of the Kings in temporalls nor Kings therein subiect to them and their tribunall nor to be punished by them with temporall punishments but contrariwise and consequently that if an Oath had beene proposed by any of these Kings to his subiects whereby they should haue sworne that hee was free from all subiection in temporalls and from all temporall chasticement of the high Priest by way of temporall constraint I say by way of temporall constraint and putting in execution the law of God wherein temporall punishment were ordained and not by way only of declaring the law of God which as it haue sufficiently proued was a spirituall and not a temporall action the said Oath must needes haue beene conforme and not repugnant to the law of God in the old Testament And thus much concerning the arguments taken from the old Testament SECT III. Wherein all M. Fitzherberts arguments taken from the new Testament are examined and first his comparison betweene the old law and the new the figure and the veritie is proued to make against himselfe 2. Those words of our Sauiour whatsoeuer thou shalt loose c. And feed my sheepe are declared and the arguments drawne from thence and from the nature of a well instituted common-wealth are satisfied and D. Schulckenius Reply proued to be fraudulent and insufficient 3. the authoritie of the Apostle 1. Cor. 10. affirming that he and the rest were ready to revenge all disobedience is answered Mr. Fitzherberts fraude in alledging the authoritie of S. Austin is plainly discouered and the conclusion of his Chapter shewed to be both false and fraudulent NOw from the old Testament Mr. Fitzherbert descendeth to the new and vpon a false supposall as I haue already conuinced to wit that he hath effectually proued that the Priesthood of the old Testament had a supreme and soueraigne authority to create punish and depose Kings he laboureth in vaine from the number 25 to 32. to proue that the like authoritie must needes be acknowledged in the Priesthood of the new law not for that he think th that we are now bound to retaine the ceremoniall or iudiciall part thereof but to deduce as he saith a Num. 25. pag 83. a potent argument from thence as from the figure to the veritie to proue that the like authoritie must needes be acknowledged in the Priesthood and especially in the chiefe Priest in the law of Christ And for proofe heereof he setteth downe two positions as the only grounds of this his potent argument 2 The first is that the old law and Testament being but a figure b Num. 26. pag 84. and a shadow of the new was no lesse inferiour there to in authoritie dignitie and perfection then Moses to Christ the dead and killing letter to the quickning spirit or the Priesthood of Aaron to the Priesthood of Melchisedech which was Christs Priesthood he should rather haue said which prefigured the excellencie of Christs Priesthood c See S. Thomas and the Schoolemen 3. part q. 22. ar 6. This position to wit Hebr. 10. that the old Testament was a figure and shadow and not inferiour to the new he proueth by the authoritie of S. Augustine d In Psal 119. who affirmeth that vetus Testamentum promissiones habet terrenas c. The old Testament hath earthly promises an earthly Palestine an earthly Hierusalem an earthly saluation to wit conquest of enemies aboundance of children fertilitie of soyle and plentie of fruites all these things are earthly promises and it is to be vnderstood spiritually in figure how the earthly Hierusalem was a shadow of the heauenly Hierusalem and the earthly kingdome of the heauenly kingdome So S. Austin and thereupon concludeth that if the olde Testament was a shadow of the new non mirum quia ibi tenebrae it is no meruaile though there were darkenesse there pinguiorâ—s enim vmbrae sunt tenebrae for thicker shadowes are darkenesse Thus argueth S. Augustine proouing the imperfection of the old law in respect of the new which the Apostle also proueth amply in the Epistle to the Hebrewes Hebr. 7. saying that the old law was abolished propter infirmitatem eius inutilitatem for the infirmitie and invtilitie of it Nihil enim ad perfectum adduxit lex for the law brought nothing to perfection 3 His second position is e nu 26.28 that the defects of the old law and Synagogue of the Iewes can not serue for a president to the new law and the Church of Christ and therefore though the Kings in the olde Testament should haue had authoritie ouer Priests yet it would not follow that Christian Kings should haue the like for that the defects and imperfections of the Synagogue which S. Austin calleth terrenum regnum an earthly kingdome were not to be transferred to the
cleanse the soule of spirituall vncleannesse which doeth barre men from entring the Celestiall tabernacle created by God alone and as the Priests the old law had authoritie according to my Aduersaries false Doctrine to create annoint punish and depose earthly Kings so the Priests of the new law haue authoritie to create annoint punish and depose spirituall Kings to create institute and make them heires to the kingdome of heauen by the Sacrament of Baptisme to annoint them with the oile of grace by the sacrament of Confirmation to punish them with spirituall and Ecclesiasticall Censures to depose or exclude them in some sort from the kingdome of heauen by denying them sacramentall absolution 8 In this manner should Mr. Fitzherbert haue argued from the figure to the veritie by which wee can onely proue that the Priests of the new law can create annoint punish and depose Kings in a more higher Bell. lib. 1. de Missa cap. 7. and not in the same degree for as Cardinall Bellarmine well obserued to fulfill the figure is not to doe that very thing which the law prescribeth to be done but to put in place thereof some thing more excellent which to signifie that figure did goe before as Christ did not fulfill the figure of Circumcision when hee was circumcised himselfe but when hee ordained Baptisme in place thereof and so the Priests of the new law doe not fulfill the figure of the Leuiticall Priesthood by creating annointing punishing and deposing earthly Kings in the same materiall manner as the Priests of Leui did but when they create annoint punish and depose spirituall Kings to wit Christians who by Baptisme are made heires to the kingdome of heauen with spirituall creation vnction chastisement and deposition as I haue declared before And by this the Reader may cleerely perceiue that Mr. Fitzherbert hath not sufficiently prooued either that the Priests of the old Testament had authoritie to create depose or punish temporally their Kings by way of temporall constraint for no man maketh doubt but that the Priests hoth of the olde and new law haue authoritie to annoint Kings it being only a sacred and religious ceremonie and to punish temporally by way of command and by declaring the law of GOD as to enioyne fastings almes-deedes and other corporall afflictions c. and to declare that this or that King shall be deposed if GOD shall so reueale because all these are meere spirituall actions or else that albeit wee should grant as my Aduersaries vntruely suppose that the Priests of the old law had the aforesaid authoritie to create depose and punish Kings temporally yet therefore from thence any probable and much lesse a potent argument as this man pretendeth can be drawne as from the figure to the veritie to proue that the Priests of the new law must have authoritie to doe the same things but onely to do things more excellent and of an higher degree and order as the body is more excellent and more perfect then the shadow the verity then the figure Christ then Moyses the new Law then the old heauenly kingdomes then earthly and Ecclesiasticall or spirituall Censures are of another nature order and degree then temporall or ciuill punishments 9 Now Mr. Fitzherbert goeth on to prooue also out of the new Testament that the Priests of the new law especially the chiefe Pastour of the Church of Christ haue authoritie to punish Princes not onely with spirituall but also with temporall and corporall punishments And therefore now to declare saith hee g nu 32. p. 87. how I proued the same further by the new law it is to bee vnderstood Psal 77. Isa 44. Psal 2. Matth. 2. Apoc. 19. Aug. in Ioan. Bel. l. 1. de Rom. Pont c. 12. ad 6. obiect that I vrged h Suppl vbi supra nu 59. to that end the commission giuen by our Sauiour to St. Peter not onely to binde and loose but also to feede his sheepe shewing by many texts of Scripture as also by the authoritie of S. Augustine that Pascere to feede is taken for Regere to gouerne whereupon I drew certaine necessarie consequents in those words c. 10 But concerning the authoritie giuen by Christ our Sauiour to S. Peter to bind and loose or which euen according to Card. Bellarmines doctrine is all one in substance with to feede his sheepe for that by those words I will giue thee the keyes of the kingdome of heauen and whatsoeuer thou shalt binde c. was onely promised to S. Peter saith Cardinall Bellarmine not giuen the power to binde and loose and the keyes of the kingdome which keyes hee as the principall and ordinarie Prefect Prelate or Gouernour then onely receiued when he heard Pasce oues meas Feede my sheepe I answere first that not onely S. Peter but also all the Apostles receiued the keyes of the kingdome of heauen and power to binde and loose and to feede the sheepe of Christs flocke seeing that as Christ saide to Saint Peter whatsoeuer thou shalt bind c. so he said to the rest of the Apostles what things soeuer you shall binde c. albeit I will not deny that Saint Peter was the first of the Apostles but in what consisteth this prioritie principalitie primacie or superioritie of S. Peter ouer the rest of the Apostles as likewise of the Pope ouer all other Patriarchs Primates Arch-bishops and Bishops of Christs Church there is yet a great controuersie betwixt the Diuines of Rome and of Paris and perchance hereafter I shall haue occasion to treate thereof more at large But that which for this present I intend to affirme is this that considering in those wordes of our Sauiour Tibi dabo claues c. I will giue thee the keyes c. Saint Peter represented the whole Church and not only to him but also to the rest of the Apostles and to the whole Church and Priesthood which Saint Peter did represent were promised the keyes and power to binde and loose as the holy Fathers and ancient Diuines doe commonly expound i As to omit Origen tract 1. in Matth. 16. Euseb Emis hom in Natali S. Petri. Theophylac in 1. Mat. 16. S. Ambr. in psa 38. lib. 1. de Paenit c. 2. Hieron lib. 1. contra Iouinian Aug. tra 50. 124. in Ioan. tract 10. in Epi. Ioan. in psal 108. Leo serm 3. in Anniu assumpt Fulgentius de fide ad Petr. l. 1. de remis pec c. 24. Beda Ansel in Mat. 16. Euthym. c. 33. in Matth. Haymo hom in fest Petri Pauli Hugo de S. vic l. 1. de Sacram. c. 26. alibi Durand in 4. dist 18. q. 2. â—yra in Mat. 16 Walden tom 2. doct fid c. 138. Cusanus l. 2. de Concord Cat. c. 13. 34. and commonly all the ancient Doctors of Paris if from the power to bind and loose promised to Saint Peter it doth necessarily follow that S. Peter and
his Successours haue authoritie to create depose and punish Princes temporally it doth likewise follow that the rest of the Apostles and their Successours haue the same authoritie ouer Kings and Princes who are subiect to them spiritually 11 Secondly those wordes of our Sauiour whatsoeuer thou shalt bind c. are to be vnderstood as I answered in my Apologie nu 36. of spirituall not temporall bindings and loosings to absolue from sinnes not from debts to vnloose the bonds of the soule not of the body to open or shut the gates of the kingdome of heauen not of earthly kingdomes to giue or take away spirituall goods graces and benefits not temporall goods lands kingdomes or liues When it was said to S. Peter saith S. Augustine I will giue thee the keyes and whatsoeuer thou shalt bind c. he signified the vniuersall Church The rocke is not from Peter but Peter from the rocke vpon this rocke which thou hast confessed Aug. trac 124. in Ioan. I will build my Church The Church therefore which is founded on Christ receiueth from Christ the keyes of the kingdome of heauen that is power to binde and loose sinnes And againe beneath saith S. Augustine Peter the first of the Apostles receiued the keyes of the kingdome of heauen to bind and loose sinnes So also S. Ambrose S. Chrysostome S. Fulgentius Ambr. lib. 1. de paenit c. 2. Chrysost Theoph. in Mat. 16. Fulgent Eus Emiss vbi supra Bernard l. 2. c. 6 de considerat Hug. Vict. tom 2. serm 64. Iust Monast Laurent Iust de casto connub verbi animae c. 10. Eusebius Emissen Theophylact S. Bernard Hugo de S. Victore Laurentius Iustinanus and infinite others vnderstand those words of our Sauiour of binding and loosing soules and sinnes Neither is there any one of the ancient Fathers or Doctours before Pope Gregorie the seuenth that wrested them to the giuing or taking away from any man whatsoeuer according to their deserts Empires Kingdomes Princedomes Dukedomes Earledomes and the possessions of all men Quia si potestis saith hee k In the Excommunication of Henry the 4. in the eight Roman Councel held by him in the yeere 1080. Iansenius c. 148. Concord Theophy in c. 21. Ioan. Basil in l. de vita solitar c. 23. in caelo ligare soluere potestis in terra Imperia Regna Principatus Ducatus Marchias Comitatus omnium hominum possessiones pro meritis tollere vnicuique concedere 12 I grant likewise that Pascere to feede is taken also for Regere to gouerne but not as a King gouerneth his kingdome but as a Sheepheard gouerneth his flocke as well obserueth Iansenius vpon this place of S. Iohn Christ saith Theophylact doeth not make Peter a Lord nor a King nor a Prince but commandeth him to be a Sheepheard Wherefore as those words whatsoeuer thou shalt bind c. are to be vnderstood of spirituall not temporall bindings and loosings and were spoken not only to Saint Peter but also to the rest of the Apostles so also these wordes Feede my sheepe are to be vnderstood of spirituall feeding or gouernment and doe belong not onely to S. Peter but also to the rest of the Apostles whom S. Peter did represent Atque hoc ab ipso Christo docemur c. saith S. Basill And this wee are taught by Christ himselfe who appointed Peter the Pastour of his Church after him For Peter saith he doest thou loue me more then these Feede my sheepe and consequently hee giueth to all Pastours and Doctours the same power whereof this is a signe that all doe equally bind and loose after that manner as he Feede my sheepe saith S. Ambrose which sheepe and which flocke Amb. de dignit sacerd c. 2. not only blessed Peter did then take to his charge but hee did take charge of them with vs and all we tooke charge of them with him For not without cause Aug. de agone Christiano c. 30. saith S. Augustine among all the Apostles Peter sustained the person of this Catholike Church for to this Church the keyes of the kingdome of heauen were giuen when they were giuen to Peter amd when it is said to him it is said to all Doest thou loue Feede my sheepe Let Bishops and Preachers of the word heare saith Theophylact what is commended to them Theoph. in c. 21. Ioan. Bell. lib. 2. de Rom. Pont. c. 12. in fine Edit Ingolstad anno 1580. Feede saith Christ my sheepe c. Certaine things saith Cardinall Bellarmine are said to Peter in regard of the Pastorall office which therefore are vnderstood to bee said to all Pastours as Feede my sheepe and confirme thy brethren and whatsoeuer thou shalt bind c. But of this my second answere more beneath l nu 21. seq where you shall see in what fraudulent manner D. Schulckenius replyeth to the same 13 Now you shall see what necessarie consequents Mr. Fitzherbert hath drawen from those words of our Sauiour spoken to S. Peter Whatsoeuer thou shalt bind c. and Feede my sheepe For as much saith he m nu 33. p 87 Suppl nu 61. at there can be no good gouernment of men without chastisement when iust occasion requireth it followeth that Christ giuing the gouernment of his Church to S. Peter and so consequently to his Successours gaue them also power to chastise and punish such as should deserue it Whereupon it followeth that seeing all Christian Princes are sheepe of Christs fould and to be gouerned and guided by their supreme Pastour they cannot exempt themselues from his iust chastisement when their owne demerites and the publike good of the Church shall require it And this I say not onely of spirituall but also of temporall and corporall correction 14 But first I willingly grant that Christ giuing the gouernment of his Church to S. Peter and also to the rest of his Apostles and also consequently to their Successours gaue them also power to chastise and punish all those that are sheepe of Christs fould and consequently also all Christian Princes when their demerites and the publike good of the Church shall require it But I vtterly denie that this chastisement is to be vnderstood as Mr. Fitzherbert saith not onely of spirituall but also of temporall and corporall correction For as Christ our Sauiour hath instituted his Church a spirituall and not a temporall Commmon-wealth and consequently granted her power to giue only spirituall goods graces and benefites not temporall goods lands or kingdomes so also the spirituall Pastours or Gouernours thereof haue authoritie by the institution of Christ to chastise and punish spiritually not temporally or which is all one to inflict spirituall not temporall punishments and to depriue their spirituall sheepe and subiects of those spirituall goods which they haue receiued from the Church and by being Christians and not of those temporall goods which they had before they became Christians and which they
thereof and no sufficient proofe to confirme his new inuented Catholike faith touching the Popes power to depose Princes as I will at large make plaine beneath p Chap. 9. seq 25 Secondly it is also vntrue that I onely am the man who denieth the spirituall Pastours of the Church to haue authoritie by the institution of Christ to inflict temporall punishments and consequently to proceed to no other temporall chastisement after they haue cast the dart of Excommunication Many other learned Catholikes as I haue shewed aboue q Part. 2. per totum doe also deny the same and Almaine affirmeth that it is the doctrine of most Doctours that the Ecclesiasticall power cannot by the institution of Christ inflict any temporall or ciuill punishment as death exile priuation of goods c. Yea nor so much as to imprison With what face therefore dare this Doctour to terrifie simple Catholikes cry out so often Onely Widdrington or ely Widdrington as Card. Bellarmine did onely Barclay onely Barclay doe oppose themselues against all Catholikes But God be praised that my Aduersaries themselues haue liued to see what little credit is giuen by Catholikes to their vaunting words and with what disgrace their bookes haue beene handled by the State of France For Card. Bellarmines booke against D. Barclay was condemned and forbidden by the Parliament of Paris vnder paine of treason this Doctours booke against me was disgacefully burnt by the hangman before the great staires of the Pallace and the same fire but by a more publike sentence and in a more solemne manner Fa. Suarez booke also hat passed 26 Thirdly this Doctour very learnedly forsooth carpeth at me for abusing words in calling deposition and killing temporall armour or weapons My Aduersarie Widdrington saith he r Cap. 8. pag. 375. abuseth words when he affirmeth deposition and killing to be temporall armour or weapons F. who euer heard that deposition or killing are armour or weapons They are effects of armour or weapons but they themselues are not armour or weapons But first this Doctour hath so vigilant on eye ouer my words and writings to carpe at them that he quite forgetteth what words he himselfe doth vse For he himselfe heere confesseth that Ecclesiasticall Censures are spirituall armour or weapons whereupon in this very Chapter he callet Å¿ Cap. 8. pag. 360. Excommunication a dart and Card. Bellarmine in his booke against Barclay t Cap. 19. pag. 185. calleth Ecclesiasticall Censures the spirituall sword and yet Excommunication and other Ecclesiasticall Censures are according to his owne doctrine effects of spirituall armour or weapons to wit of the Ecclesiasticall power which he calleth v Pag. 386. 387. in tract contra Barclai cap. 19. pag. â—88 the spirituall sword And if spirituall Censures or punishments may be called spirituall armour or weapons although they be an effect of the spirituall power or sword why may not I pray you temporall censures or punishments as are deposition and killing be called temporall weapons or armour although they be effects of the temporall power or sword If therefore I abuse words in calling temporall Censures or punishments temporall armour or weapons how can he excuse himselfe from abusing words in calling spirituall Censures or punishments spirituall armour or weapons 27 Secondly it is vsuall among Philosophers to nominate and describe a thing by the name of the cause whereupon they deuide a definition into a formall and causall definition or description as the Eclipse of the Moone is commonly described to be an interposition of the earth betwixt the body of they Sunne and of the Moone not for that the Eclipse of the Moone is formally that interposition for it is formally nothing else then a want of light in the Moone but for that it is caused by that interposition and Thunder according to the opinion of Empedocles and Anaxagoras is defined to be a quenching of fire inclosed in a cloude See Aristotle lib. 2. Meoteor sum 3. cap. 1. 2. but according to the doctrine of Aristotle a violent breaking out of a fiery exhalation inclosed in a cloud not for that Thunder is formally the aforesaid quenching or breaking forth for it is formally a sound or noice but for that this sound is caused from thence so likewise spirituall and temporall Censures may be called spirituall and temporall armour or weapons not for that formally they are so but for that they are effects caused from thence But lastly what man is so ignorant who knoweth not that the same thing may be both an effect and also a cause being considered diuers waies and so the same spirituall or temporall Censure and punishment as it proceedeth from the spirituall or temporall power which is rightly called the spirituall or temporall sword is an effect and not to be called a sword weapon or armour yet as it is a cause to bring great griefe to the person so punished or to redresse great euill it may well be called armour offensiue or defensiue yea and griefe it selfe may without abusing of words be called a sword according to that of the holy Scripture Luc. 2. And thy owne soule a sword shall pearce And thus you see how weakely and fraudulently this Doctour hath impugned my answere 28 Now to returne to Mr. Fitzherbert He forsooth bringeth an other reason but as insufficient as his former to proue that the Pastors of the Church haue authoritie to inflict temporall or corporall punishments vpon hereticall or schismaticall Princes if they shall contemne Ecclesiasticall Censures For otherwise how is that saith he x Num. 35. pag. 89. 2. Cor. 10. fulfilled which the Apostle said of the most ample power that he and other Apostles had to destroy Munitions Counsells and all Altitude or Lostinesse extolling it selfe against the knowledge of God yea and to reuenge or punish omnem inobedientiam all disobedience Which words S. Augustine August ad Bonifac Com. epist 50. vnderstandeth of the authoritie left by our Sauiour to his Church to compell her rebellious and disobedient children to performe their duties and the same is also acknowledged by some of our principall Aduersaries namely Caluin Caluin vpon this place who not only expoundeth this place of the coercitiue and coactiue power that is in the Church but also groundeth the same vpon the words of our Sauiour to his Apostles Quicquid ligaueritis super terram Matth. 18. erit ligatum in caelis c. Whatsoeuer you shall bind on earth shall be bound in heauen and whatsoeuer you shall loose on earth shall be loosed in heauen 29 Whereupon I inferre that if the Ecclesiasticall authoritie dâ—d not extend it selfe to the chasticement of disobedient Princes in their temporall states the Church should not haue the power whereof S. Paul speaketh that is to reuenge all disobedience seeing that the disobedience of absolute Princes to Ecclesiasticall Censures should be incorrigible and remedilesse Whereupon it would
punishing power but also spirituall things by reason of some vnlawfull disturbance of the publike temporall peace annexed vnto them may sometimes take the nature of temporall things and therefore may be forbidden by the temporall power of the Ciuill common-wealth which hath for the obiect of her directiue power the procuring and maintaining of publike peace and the shunning of all vnlawfull disturbance of this temporall peace in what actions soeuer either temporall or spirituall they are to be found and consequently may be also punished if we abstract from the priueledges of Princes and Ecclesiasticall Canons with temporall punishments which only are the obiect of the temporall coerciue power For what sensible man can deny that temporall Princes haue authoritie if we regard the nature and obiects of temporall power to forbid all men whatsoeuer that are subiect to their directiue power as also according to the common doctrine of Diuines are Cleargie men not to disturbe wrongfully the publike temporall peace by any actions whatsoeuer and to punish all them that shall transgresse their iust command and are subiect to their coerciue power with temporall punishments and that when the temporall Prince forbiddeth all vnlawfull poysonings the vnlawfull poysoning of men by spirituall actions as by baptizing with poisoned water is not contained vnder this command 105 Secondly it is not true that granting once as I often doe that temporall things may take the nature of spirituall things by reason of sinne annexed it must follow thereon as Mr. Fitzherbert concludeth that the spirituall Superiour may punish in temporall things or which he taketh for all one may inflict temporall punishments and the perspicuous reason heereof I alledged before for although temporall punishments doe become spirituall things when the consideration of sinne entereth for which they may be subiect to the directiue power of the Church which hath for her obiect vertue or vice and consequently they may be commanded or forbidden by the spirituall power of the Church as it is directiue yet still they remaine temporall punishments which are only subiect to the coerciue or punishing power of temporall Princes and therefore cannot be vsed or inflicted by the coerciue or punishing power of the Church which hath for her obiect spirituall or Ecclesiasticall Censures and not temporall punishments Wherefore vnlesse the consideration of sinne can make which is impossible temporall punishments to be I doe not say spirituall things but spirituall punishments it can neuer make temporall punishments to be the obiect of the spirituall power as it is coerciue although it maketh them to be the obiect of the spirituall power as it is directiue But my Aduersarie by not distinguishing these two powers and their proper acts and obiects would blind the vnderstanding of his vnlearned Reader with a confused reduction of temporall things to spirituall which this distinction of the directiue and coerciue power and the proper acts and obiects of either of them doth make most plaine and manifest 106 Also if temporall things saith Mr. Fitzherbert l Pag. 1. 8. nu 23. 24. may be come spirituall by reason of sinne annexed why shall they not also haue a spirituall nature and qualitie by the connexion of some vertue and specially when they are applied as I haue said before to a spirituall end as to the seruice and glory of God which is the end of all things spirituall and temporall to which purpose it may be obserued Rom. 12. that S. Paul exhorted the Romaines to exhibite their bodies hostiam viuentem sanctam Deo placentem c. a liuing sacrifice holy and pleasing God giuing to vnderstand that our bodies goods and what temporall thing soeuer is subiect to our soule being dedicated and applyed to Gods seruice and the good of the soule is sanctified therby and becommeth spirituall Whereupon it followeth that whensoeuer a spirituall Superiour punisheth his temporall subiects in their bodies or goods for satisfaction of their sinnes and for the seruice of God and the Church and the good of soules their corporall and temporall punishments becommeth spirituall by reason of the end and the vertue annexed and consequently is most lawfull and iust euen according to my Aduersarie Widdringtons owne doctrine 107 Whereto I also adde that whereas Widdrington saith that euerie Superiour may punish his subiects with penalties proportionate to his authoritie he must needes grant the same in this case for albeit temporall goods haue no naturall proportion with spirituall things yet they haue a morall proportion therewith because they are not able instruments of good workes â— Pet. 2. in which respect S. Peter calleth Almes and other good workes spirituales Hostias spirituall Sacrifices albeit they consist in the vse and imployment of temporall things and therefore when temporall things are necessarie to a spirituall end they may be disposed of by the Church as proportionate to the end whereto they are necessarie 108 No man maketh any doubt but that temporall things may become spirituall not only by reason of sinne but also of vertue annexed especially when they are applyed to a spirituall end as to the seruice and glory of God who is the end of all things spirituall and temporall and therefore when one doth punish his body by fasting discipline hairecloath or such like for the satisfaction of his sinnes and for the seruice of God although they be corporall punishments yet they are vertuous actions and in that regard spirituall things and consequently subiect to the spirituall power of the Church as it is directiue But from hence it doth not follow that these temporall punishments by reason of vertue annexed doe become spirituall punishments but only vertuous actions and in that regard spirituall things for still they remaine temporall punishments and therefore not subiect to the spirituall power of the Church as it is coerciue which hath for her obiect only the vsing and inflicting of Ecclesiasticall or spirituall not temporall or Ciuill punishments Wherefore a spirituall Superiour hath no authoritie by the institution of Christ to punish in body or goods for any end whatsoeuer by way of constraint his spirituall subiects whether they be Clearkes or Lay-men whom Mr. Fitzherbert improperly calleth his temporall Subiects for although they be temporall men yet comparing them to spirituall Superiours they are spirituall not temporall Subiects for that the obiect of the spirituall coerciue power are not temporall or corporall but only spirituall Censures or punishments although he may as I said command such corporall punishments when they are necessarie for the good of the soule in which case they become spirituall things to wit vertuous actions which are the obiect of the spirituall directiue power But the cause of Mr. Fitzherberts errour is for that he doth not distinguish betwixt spirituall or temporall things and spirituall or temporall punishments and betwixt the acts and obiects of the spirituall directiue and of the spirituall coerciue power for although temporall punishments by reason of
the Priests of the new law must haue authoritie to doe the like but things farre more noble and excellent for that the veritie must be of a more high and excellent order then the figure as in the fifth Chapter I proued more at large And therefore as in the olde law all the figures promises and punishments were temporall so in the new law the veritie promises and punishments which correspond thereunto must be spirituall not temporall for otherwise the figure should bee the same with the veritie and not of an higher nature and order then the verity So that temporall life must correspond to spirituall life temporall kingdomes to spirituall kingdomes temporall goods to spirituall goods temporall promises and rewards to spirituall promises and rewards and temporall punishments to spirituall punishments all which spirituall punishments are contained in Excommunication Maior and Minor and in other Ecclesiasticall Censures and punishments And to that which he addeth in the end that I must acknowledge according to my owne doctrine that the Church may punish temporally seeing that shee may excommunicate I haue already fully m Cap. answered and denyed his consequence for that the Church of Christ neither by ExcoÌ„munication nor by any other way hath by the institution of Christ authoritie to inflict temporall punishments but only to punish temporally by way of command which no man denyeth And thus much concerning the olde law 10 Now to the authorities which Mr. Fitzherbert brought out of the new Testament I answered thus Sixtly those places of the new Testament Quodcunque solueris super terram c. n Matth. 16. Whatsoeuer thou shalt loose vpon earth c. and Pasce oues meas o Ioan. 21. Feede my sheepe as also the reason which Fa. Parsons bringeth to wit that otherwise the Ecclesiasticall common-wealth should bee imperfect and not sufficient for it selfe are explicated by mee elsewhere And that corporall killing of Ananias and Saphira and the visible deliuering of the fornicatour to Sathan are to be referred to the grace of miracles Neither will this Authour say as I imagine that the Pope hath power to kill wicked men and malefactours with the word of his mouth 11 To this my answere Mr. Fitzherbert replieth in the same order And first to my answere to those two places Whatsoeuer thou shalt loose c. and Feede my sheepe which I made in my Apologie p Apolog. nu 35. seq nu 203. seq wherevnto I remitted the Reader he replieth thus q Pag. 115. nu 6.7.8 That which Widdrington saith in his Apologie concerning these two texts allâ—dged out of the Gospell is no other but to prooue that Christ gaue thereby to S. Peter a spirituall authoritie onely which we willingly grant as D. Adolphus Schulckenius r Adolph Schulck in Apolog c. 4. § Respondeo p. 136 in his answere for Cardinall Bellarmine hath declared sufficiently and tolde my Aduersary Widdrington withall how vainely he hath laboured with a long discourse and many idle words to prooue that which neither the Cardinall nor any other Catholike will deny 12 For wee willingly grant saith Schulckenius that the Popes power is formally spirituall though virtually it is also temporall extending it selfe to temporall things so farre forth as they are subordinate to the spirituall and the necessitie of the Church shall require So hee Å¿ Ibidem and afterwards he also explicateth the same in these words Nam animus noster spiritus est c. For our soule saith he is a spirit and hath a spirituall power and yet it doth not onely thereby gouerne the body which is subiect vnto it but doth also chastise it with corporall punishments as watching hairecloth fasting and whipping And therefore if Bellarmine did say that the Pope doth iudge the faults of Princes and vpon their desert depriue them sometimes of their gouernment by a temporall power his Aduersary Widdrington should say somewhat to the purpose but now seeing that Bellarmine saith that the Pope vseth a spirituall power when hee depriueth Princes of their States for spirituall and Ecclesiasticall crimes such as heresies and Schismes are his Aduersary Widdrington doth idlely beate the ayre c. for he should haue prooued that a supreme spirituall power cannot extend it selfe to dispose of temporall things as they are referred to spirituall things Thus saith Schulckenius 13 And thereof my Aduersary Widdrington might haue taken notice if it had pleased him when he referred me and his Readers to his Apologie for answere to those places For albeit he may perhaps pretend that hee had not seene Schulckenius his Apologie for the Cardinall before hee had ended his Theologicall Disputation yet it is euident that he had seene and read it before he wrote his Admonition to the Reader wherein he writeth against me For he not onely maketh mention therein of the Apologie of Schulckenius but also carpeth at him for some things that hee handleth and therefore if he had meant sincerely he would not haue remitted vs to his owne Apologie for this point without some confutation of Schulckenius his Answere thereto I meane of so much as concerneth this matter For otherwise he may multiply bookes and write of this controuersie as long as he liueth and all to no purpose if he will still stand vpon his first grounds and dissemble the answeres that are made thereto and therefore as hee remitteth me to his Apologie so I remit him also to the answere of Schulckenius which I haue partly laide downe heere and may be seene more at large in him And this shall suffice for this point 14 But truely it is intollerable that these men should so shamefully both abuse me and delude their Reader I doe not say onely in dissembling the answere I made to their argument but in plainly corrupting the words and manifest sense thereof in which manner they may multiply bookes and make Replies with ease but with shame enough For it is too too apparantly vntrue that I labored in that place to prooue nothing else as those men falsly affirme but that which neither Cardinall Bellarmine nor any other Catholike will deny to wit that Christ gaue to S. Peter a spirituall authoritie onely although it be well knowne that the common opinion of the Canonists doth deny the same who contend that Christ gaue thereby to S. Peter not onely spirituall but also temporall authoritie and made him thereby not onely a spirituall but also a temporall Monarch and therefore Mr. Fitzherbert is grosly mistaken in saying so boldly that neither Cardinall Bellarmine nor any other Catholike will deny that Christ gaue thereby to S. Peter a spirituall authoritie onely For I did not contend in that place about the authority which was giuen to Saint Peter to binde and loose which Cardinall Bellarmine taketh to bee all one with to feede his sheepe whether it was temporall or spirituall or both as the Canonists wil haue it but about the acts
the new law and abrogating of the olde to inflict corporall punishments to inferre that the Pope and other inferiour Bishops who succeeded the Apostles not as they were Apostles but as they were Bishops had an ordinary power to doe the like facts and to inflict the like corporall punishments But other arguments must be brought to prooue that the Prelates of the Church may now by their ordinary power doe those things which the Apostles at the first institution of the Church did by a miraculous and extraordinary power 70 For two powers were granted to the Apostles the one ordinary which should also descend to all their Successours who in that power are equall to the Apostles the other extraordinary wherein they did excell all the Prophets of the olde Testament For the Apostles were also Prophets as S. Peter prooueth by the authority of the Prophet Ioel against the Iewes who said that the Apostles were drunke Acts 2. And as well obserueth Abulensis they did excell the Prophets in many things Abulens q. 6. in Praefat. Mat. first in the manner of their Prophesie because God was ready to speake by the Apostles whensoeuer they would insomuch that they ought not to thinke what they should speake but the holy Ghost did immediately speake by them Math. 10. Luke 21. But it was not so in any Prophet of the Old Testament Secondly they did excell the Prophets in regard of the things which were reuealed because more high things were reuealed to the Apostles then were reuealed to the Prophets Thirdly they did also excell in regard of the miracles for they did wonderfull miracles not onely as great as Christ himselfe did but also greater as he said to Philip Iohn 14. Et maiora horum faciet The workes that I doe he also shall doe and greater then these shall he doe For it is read of S. Peter Acts 5. that when he passed through the streetes in Ierusalem they broughtforth the sicke into the streetes and laid them in beds and couches that when Peter came his shadow at the least might ouershadow any of them and they all might be deliuered from their infirmities which neuerthelesse wee doe not reade was euer done by Christ c. Fourthly the Apostles also did excell the Prophets for that they spake with all languages Acts 2. And this extraordinary power of the Apostles did not descend to all their Successours And therefore it is no good argument from an extraordinary and miraculous power which was granted to the Apostles to inflict corporall punishments to inferre an ordinary power in their Successours to inflict the same 71 Neither doe those examples which Mr. Fitzherbert bringeth of the miraculous manner of giuing the holy Ghost as it was giuen in the Apostles time in the Sacrament of Baptisme and Confirmation make any thing at all for his purpose for that these Sacraments had in the Apostles time commonly two effects annexed to them the one was ordinary to wit the giuing of inuisible grace which proceeded from their ordinary power and which therefore was to descend to their Successours the other Miraculous and extraordinary to wit the visible appearing of the holy Ghost in the persons baptized or confirmed and this proceeded from a miraculous and extraordinary power and which therefore was not to descend to all their Successours neither is it lawfull to conclude that the Pope can worke that visible effect by his ordinary power which the Apostles did by their miraculous and extraordinary power So likewise Excommunication had in the Apostles time commonly two effects the one ordinary which was that the person excommunicated was depriued of spirituall graces and benefits and of Ecclesiasticall communion and reputed as a Heathen and a Publican and this effect proceeded from ordinary power and which therefore was to bee deriued to all their Successours the other extraordinary and miraculous which was to be corporally afflicted by Sathan and this proceeded from the extordinary and miraculous power granted to the Apostles ouer all Diuels Luc. 9. which therefore was not to descend to all their Successours Wherfore we cannot well conclude that because the Apostles did inflict corporal punishments by their miraculous power therfore their Successors may inflict corporal punishments by an ordinary power but other reasons must be brought to prooue the same for it is apparant to euery Schoole-boy that the former consequence is starke naught 72 But these visible torments saith Mr. Fitzherbert did testifie that the excommunicated person was deliuered ouer to the inuisible power of the Deuil as Widdrington if he do not reforme his pernicious doctrine both can and will ere it be long be excommunicated by the Pope and deliuered ouer to the inuisible power of the Deuill which effect was at the first ordinarily testified by the visible torments of the bodies of excommunicated persons so as Widdrington may if it please him distinguish betwixt the miracles and that which was in the primitiue Church signified expressed and testified thereby And Mr. Fitzherbert may if it please him cleerely see that I haue distinguished betwixt these two and haue granted that the inuisible effect which was signified expressed and testified because it proceeded from the ordinary power which the Apostles had might bee done also by the ordinary power which was granted to the Apostles Successours but not the visible apparitions torments or punishments which did testifie the inuisible effect for that they proceeded not from the ordinary but from the extraordinary power of the Apostles And if his Holinesse shall excommunicate mee as this man threatneth without giuing mee any notice what pernicious doctrine I haue taught that I may reforme and retract it the excommunication will be more hurtfull to their soules that shall bee cause thereof then to mine according to that saying which Gratian l 11 q. 3. Illud plane doth attribute to Saint Augustine Illud plane non temere dixerim c. This plainly will I speake without rashnesse that if any of the faithfull shall bee excommunicated vniustly it will rather hurt him that doth then who suffereth this wrong and I shall comfort my selfe with those words of our Sauiour Beati qui persecutionem patiuntur propter iustitiam But truely I am fully perswaded that his Holinesse hath had now so sufficient experience to what exorbitant proceedings these bad informers haue drawne him that hee will heereafter bee more warie to proceed against mee in that strange manner as the most Illustrious Cardinals of the Inquisition haue proceeded against mee and my bookes at which all the world doth woonder 73 Wherefore when Mr. Fitzherbert saith that by the miraculous punishment of Ananias and Saphira and of Elymas c. it pleased God te testifie that the Church hath power as well ouer the body as ouer the soule and therefore it cannot with reason be denied but that the power remaineth although the miraculous manner in the execution of it ceased when the Christian faith was generally
prayer or curse two beares came forth of the forrest and tore fourtie two boyes that mocked him saying Come vp balde head come vp balde head Wherefore Mr. Fitzherbert may distinguish if it please him betwixt the ordinary and extraordinary power of the Apostles and cleerely see that from the facts and punishments which the Apostles exercised by their extraordinary delegate miraculous power which therefore doth not descend to their Successours it is not lawfull to argue that the Apostles by their ordinary power might do the same or that their successors haue therfore power to inflict the like punishments 77 But heere saith Mr. Fitzherbert m Pag. 125. nu 28. perhaps Widdrinton will say that if Saint Peter exercied his Apostolicall power and iurisdiction therein it followeth that the Pope or other Ecclesiasticall Iudges may also giue sentence of death yea execute vpon such as deserue it which is contrary to the custome and Canons of the Church Whereto I answere that for as much as that time there were no Christian Princes or Magistrates to do iustice in that kind and that it was necessary in the beginning to inflict such an exemplar punishment vpon those two hypocrites for the terrour of other Saint Peter thought good to performe it himselfe although afterwards when Christian Religion was further propagated and Christian Princes held it for an honour to them to serue God and his Church with their temporall lawes and power the Church thought it needlesse to inflict bloodie penalties not because it might not doe it if it would but because it seemed more decent and conuenient for lenitie of a pious Mother to abstaine from the same and to vse more milde and lesse rigorous punishments in which respect the Church hath alwayes retained the vse of some temporall and corporall chastisements although she haue restrained her Ministers by Canons and constitutions from the effusion of blood remitting the iudgement and execution thereof wholy to the secular Magistrates who haue by their lawes sufficiently prouided for the execution of iustice in that kind 78 But first without perhaps I doe say and haue euidently conuinced not from those miraculous facts of the Apostles but from the doctrine and grounds of Cardinall Bellarmine and others who mainetaine the Popes power to depose Princes and to dispose of all their temporalls that the Pope by the institution of Christ hath authoritie also to kill wicked Princes by all those wayes publike or priuate by which temporall Princes haue authoritie to depriue their subiects of their liues as I haue insinuated aboue in this Treatise n Cha. 3 nu 15 and 16. and chap. 5. sec 2 nu 9 seq and prooued at large in my Apologie o Apolog nu â—3 seq to which D. Schulkenius answereth onely with a transcat let it passe as not belonging to the matter and Mr. Fitzherbert both in other places of this his Reply and also heere by these words not because it might not doe it if it would doth expressely acknowledge as much although forsooth he will not meddle with the liues of Princes to auoid enuy and yet he feareth not to say p Chap 2. nu 15.16 That the Pope can take away my life and the liues of all Christians Now what a scandalous doctrine this is and what feares and iealousies of continuall treasons inhumaine gun-powder plots and bloodie Assassinates against their Royall persons those Christian Princes especially who dissent from the Catholike Romane Religion may iustly conceiue thereby I haue sufficiently prooued in my Appendix against Fa. Suarez q Part. 1. sec 9 nu 5. seq where also I haue cleerely conuinced that this pretence of Ecclesiasticall lenitie and the clemencie of a Pious mother which onely for mildnesse sake as they pretend and not by any obligation doth not vse such rigorous punishments is a meere shift and cloake to dazell the eyes of the simple and vnlearned Catholikes For as it is no clemencie but a plaine crueltie for a mother not to cut off one member of her beloued child when it is in danger to infect and kill the whole body so also the Pope should bee cruell to the Church of God not to cut off an hereticall Prince that is in danger to infect the other members of the Church if we once suppose this scandalous damnable doctrin that the Pope hath power in order to spirituall good to dispose of all the temporals both of Christian Princes subiects as temporall Princes haue in order to temporal good authority to dispose of al the temporal corporal goods of their subiects 79 Secondly it is not true that the Church hath alwayes retained the vse of some temporall and corporall chastisements except onely by way of commaund whereof I neuer made doubt As also that reason which my Aduersary heere bringeth why the Church now since Christian Religion hath beene further propagated and Christian Princes haue held it for an honour to them to serue God and his Church with their temporall lawes thought it needlesse to inflict bloody punishments especially vpon wicked and disobedient Princes for that by their lawes they haue sufficiently prouided for the execution of iustice in that kind is very weake and insufficient because although Christian Princes haue sufficiently prouiued for the execution of iustice with bloodie punishments against their subiects yet they haue no way prouided for the execution of iustice in this kind against themselues and therefore if Christian Princes themselues become heretikes and seeke to draw their subiects to their heresie neither Ecclesiasticall lenitie nor the reason that my Aduersarie heere hath brought why the Church now thought it needlesse to inflict bloodie penalties can be any hinderance why the Pope may not proceed against them with bloody punishments if we once suppose that he hath power and authoritie so to do But the true ancient doctrine is that a Priest as he is a Priest is forbidden by the law of Christ to vse See aboue part 2. cap. 9. and not onely is counselled for decencie sake not to vse the material or temporal sword 80 But now Mr. Fitzherbert for the vpshot and conclusion of this Chapter will cleerely prooue by an argument which no man forsooth of iudgement can denie that the supreme spirituall Pastour hath power to punish his sheepe or subiects not onely in their soules but also in their bodies and goods And truely I cannot but wonder saith hee r Pag. 126. nu 29.30 that any man of iudgement can thinke it vnlawfull for the supreme spirituall Pastour to punish his sheepe or subiects in their bodies or goods seeing that it cannot be denied but that he is their Pastour and superiour in regard not onely of their soules but also of their bodies that is to say of their whole persons wherein their bodie is necessarily included and therefore for as much as euery man is bound to serue God no lesse with his body then
descend from him and in the new Testament his Apostles and who by lawfull ordination shall descend from them and what spirituall authority these Ministers haue they doe not receiue from the ciuill Common-wealth but from God himselfe 12 Whereupon it is euident that we cannot gather what authority and priuiledges the Priests either of the olde Testament had or of the new Testament haue from the law of nature for that all the authoritie and priuiledges which the Priests in the law of nature had did wholly depend vpon the ciuill Common-wealth by whose authority those Priests and Ministers of religious rites and ceremonies were made but what authority either to cōmand or to punish either Lay-men or Clergie-men the Priests of the olde Testament had and of the new Testament haue we can onely gather from the positiue institution and graunt of God who hath giuen and determined their authority and not from the law of nature wherein the Priests were subiect to the ciuill Common-wealth and had all their authority from the Common-wealth it selfe And by this which I haue now said here and more at large declared in the sixt Chapter is fully satisfied all that Mr. Fitzherbert hath said aboue and repeateth heere out of his Supplement concerning the law of nature in these words 13 First then saith hee c Pag. 130. nu 5. it is to be considered that humane law is commonly diuided into Ius Gentium Ius Ciuile and Ius Ecclesiasticum vel Canonicum the law of Nations the Ciuill law and the Canon or Ecclesiasticall law And as for the law of Nations which is a humane law so easily and directly deduced from the very principles of Nature that all Nations doe receiue and admit it it is manifest c. But before wee goe any farther it will not be amisse to obserue the difference which the learnedst Diuines of this age doe make betwixt the law of Nations and Nature for vnlesse wee know and agree what the law of Nations is we shall dispute thereof to little purpose First therefore Mr. Fitzherbert by those words which is a humane law so easily and directly deduced from the very principles of Nature that all Nations doe receiue and admit it doth seeme to signifie that onely the knowne morall principles or generall maximes of Nature or naturall reason doe belong to the law of Nature and the conclusions which are easily and directly deduced from them doe belong to the law of Nations which doctrine neuerthelesse all the Diuines of this age euen of his owne Societie doe commonly reiect Vasq 1 a. 2 ae disp 154. cap. 3 Salas Disp 5. de Leg. sec 5. Suarez l. 2. de Leg. c. 7. as you may see in Vasquez Salas Suarez who doe therefore affirme that the law of Nature doth comprehend not onely all morall principles but also all conclusions which are easily and directly or by an euident and necessary consequence deduced from those principles of Nature 14 For all morall things which are knowne by naturall reason are either the first generall principles of manners as virtue is to be embraced vice to be shunned Doe not that to another which thou wilt not haue done to thy selfe and these without all doubt doe belong to the law of Nature or else they are principles not so generall but yet euidently knowne of themselues as Iustice is to be kept God is to be worshipped Parents are to be honoured and such like and these also without all question doe appertaine to the law of Nature or thirdly they are conclusions which are euidently deduced from the morall principles of nature and cannot be knowne but by discourse among which some are knowne more easily as adultery murther periury and such like to bee euill some are not so easily knowne but to know them there is required a greater discourse as simple fornication to be of it owne nature euill vsury to bee vniust an officious lye not to be lawfull for any cause whatsoeuer and such like And all these and other morall conclusions of what degree soeuer so that they bee deduced as conclusions from the morall principles of nature by a certaine and euident consequence doe also according to the common doctrine of Diuines belong to the law of Nature I said by a certaine and euident consequence for as well obserueth Salas Salas tract 14. disp 5. sec 5. as conclusions which are euidently deduced from morall principles and doe binde without any positiue law doe euidently containe the law of nature so those conclusions which are probably deduced doe containe it porbably and are lawes of nature not certaine but probable in which if in very deede falshood bee affirmed they are not the lawes of nature truely and in very deed but apparantly for that an erroneous conscience is not truely a law 15 The reason why not onely morall principles but also the conclusions which are deduced from them doe belong to the law of nature and not of nations as the law of nations is a positiue and humane law is both for that all actions which by the light of naturall reason abstracting from all positiue precepts of God or man are knowne to be euill and for that cause are forbidden by the law of God or man because they are euill of themselues although they had neuer beene forbidden by any such positiue law doe belong to the law of nature and also for that otherwise the morall precepts of the Decalogue and others contained in them as the precept forbidding simple fornication vsurie and to be reuenged of ones enemy by his owne priuate authority and such like should not belong to the law of nature because none of those precepts are generall principles but conclusions deduced by discourse from them nay nor to honour and woorship God should belong to the law of nature for that it is not knowne but by discourse that there is a God 16 And by this the Reader may easily perceiue that Mr. Fitzherbert in defining the law of nations to be a humane law which is so easily and directly deduced from the very principles of Nature that all Natitions doe receiue and admit it doth not onely dissent from all the learned Diuines euen of his owne Societie but hee must also vnlesse hee will maintaine strange paradoxes plainly contradict himselfe For first if the law of nations bee so easily and directly deduced from the very principles of nature that all nations doe receiue and admit it it cannot be a humane law which hath it force and obligation to binde onely from the constitution of men but it must haue it force and obligation to binde from the very principles of nature and consequently it must be reduced to the law of nature and not of nations Besides euery humane law is therefore a positiue and humane law not onely for that it is receiued and admitted by men but also for that it is made by men and hath it force to binde onely by the positiue
19. c. 17. Iuo p. 15. c. 88 vide Binium tom 1. Concil in notis in Concil Eliber Baron tom 2. Annal. anno 305. in fine but also in time of Lent and Easter assigning for the later ayeeres penance or to pay fiue and twentie shillings to the Church or to the poore and in another Canon they ordained that Bishops and their Ministers n Burchard l. 11. c. 67. Iuo p. 14. c. 115. might whip husband-men with rods for great crimes to make them doe penance against their wills least they might perish eternally in which Canons as also in the former Decrees of the Popes Callixtus and Vrbanus the penalties imposed were meere temporall albeit there was not then as I haue said any Christian Prince to ratifie the same 54 But this proofe also is as insufficient as the former First for that many learned men as the Reader may see in Binnius to whom Mr. Fitzherbert remitteth him doe reiect this Councell and account it erroneous for decreeing certaine errours so Melchior Canus Canus l. 5. de locis c. 4. Bellar. l. 2. de Imaginib c. 9. and Cardinall Bellarmine And although Baronius cited also by Binnius excuseth the Fathers of that Councell yet for that they seemed in diuers of their decrees to fauour the errours of Nouatian which were displeasing to their Successors his opinion is that there is no mention made by name of this Synode by ancient writers and so it did remaine almost abolished and yet my Aduersary will from this Councell bring forsooth a conuincing proofe 55 Secondly for that these two decrees cited here by Mr. Fitzherbert are not placed with the other Canons of the Councell but are adioyned as certaine fragments belonging thereunto Wherefore if some Authours as Vasquez witnesseth sticke not to affirme Vasq 3. part disp 105 cap. 2 tom 1. that diuers decrees which are placed among the Canons of this Councell were not made by the Councell but by some one or other adioyned afterwards with farre greater reason it may be said that these two decrees which by Binnius are reputed onely as fragments and not placed among the rest of the Canons were not made by the Councell but adioyned afterwards by some one or other whom Burchardus Iuo others following did attribute them to this Councell in that manner as diuers books are attributed to S. Augustine S. Chrysostome and other Fathers are printed among their works vnder their names which were neuer made by them 56 Thirdly for that some learned men as Garsias Loaisa o Whom Binnius in the place aboue cited calleth a most learned Interpreter a Collectour of all the Councells held in Spaine are of opinion that this Councell was not celebrated in the time of Constantius and Galerius but after the Councell of Nice in the time of Constantine the great and therefore no conuincing proofe can bee brought from the authority of this Councell as my Aduersary pretendeth to shew that in the time of the Pagan Emperours temporall and corporall punishments were not onely commanded but also ordained by the Church without the ratification and consent of any temporall Prince seeing that according to the opinion of learned men this Councell was not held in the time of the Pagan Emperours but after the Councell of Nice in the time of Constantine the great who as wee may well suppose would ratifie whatsoeuer the Pastours of the Church should thinke expedient and necessary for the spirituall good thereof and the eternall saluation of soules 57 But lastly from these two Canons heere cited by my Aduersary this onely at the most can be forcibly deduced that spirituall Pastours haue authority to impose command and enioyne temporall and corporall penances punishments and afflictions as to abstaine for certaine daies from carnall copulation and likewise to fast to weare haire-cloth to giue almes and such like which was ordained in the first Canon or to beat themselues or else to suffer themselues for their penance to be beaten with rods which was ordained in the second Canon and of this I neuer made doubt but I did euer grant that the Church hath authority by the institution of Christ to impose enioyne or command temporall and corporall afflictions penalties or punishments but all the difficulty betwixt my Aduersaries and mee is concerning the coerciue compulsiue or punishing power of the Church that is if they should refuse to obey the commandement of their Pastours and would not abstaine from the acts of matrimony nor beat themselues nor suffer themselues to be beaten with rods with what kinde of punishments could the Church by her spirituall authority which shee hath receiued from Christ force and compell them therevnto to wit whether by inflicting vpon them temporall and corporall punishments as my Aduersaries contend or only spirituall Censures by depriuing them either wholly or in part of spirituall or Ecclesiasticall communion as many other Catholikes doe probably according to my doctrine affirme this is the plaine and maine controuersie as I haue often said 58 Neither can it be prooued by any of these Canons that the coerciue or compulsiue spirituall power of spirituall Pastours doth extend to the inflicting of corporall or temporall punishments but onely of Ecclesiasticall Censures as it may sufficiently appeare by the second Canon heere cited wherein is decreed that Si seniores ipsorum colonorum c. If the more ancient of these husband-men giuing thereby to vnderstand that the husband-men who were to be whipped by the Bishops or their Ministers for penance were boyes or youths shall take it in ill part or will therefore vse any reuenge or shall presume to defend them that they be not beaten they shall be punished with the sentence of Ecclesiasticall Excommunication Wherefore those wordes of this Canon that they may doe penance against their wills are not to bee vnderstood against their wills simply and absolutely by corporall force and violence which taketh away all willingnesse for such kind of penance or satisfaction is not acceptable before almightie God or of any merite at all before God but they are to be vnderstood against their wills secundum quid in some sort as Merchants against their wills for feare of being drowned cast their goods into the Sea to wit that they shall be compelled to doe penance and suffer themselues to be beaten against their wills for feare of being otherwise thrust out of the Church and depriued of Ecclesiasticall communion which kinde of compulsion being simply voluntary p See Disputat Theol. c. 9. sec vnit and inuoluntarie onely secundum quid may stand with that free will which is the ground and roote of meritorious and willing satisfaction acceptable in the sight of God Neither doth Mr. Fitzherbert by the rest of his examples grounded vpon the authority of the Apostles prooue any other thing but that spirituall Pastours may by their spirituall authority without the consent and authority of
Reader may easily perceiue how vaine and impertinent are the rest of Mr. Fitzherberts inferences and obiections in this Chapter which therefore I might well omit but that to giue satisfaction to the vnlearned Reader I am in a sort compelled to set them downe 26 Whereupon saith he f Page 180. num 6. it followeth first that Widdringtons answere to the Canon of the Councell of Lateran grounded vpon a distinction of a matter of fact and a matter of faith is very vaine and friuolous as well because the one doth not exclude the other as also because by that distinction hee may impugne the Decree of the Apostles themselues of the Popes Pius and Victor and of the Councell of Nice and such other touching matters of fact no lesse probably then hee impugneth the Canon of the Councell of Lateran 27 But to this as you haue seene I haue answered before and haue cleerely shewed that I did not impugne but onely expound the decree of the Lateran Councell and that I did not oppose a matter of faith to euery matter of fact but to a matter of fact onely or which is all one to such a matter of fact which is not grounded vpon any doctrine of faith and such a matter of fact doth exclude a matter of faith also that by this distinction I doe not any wise impugne the decree of the Apostles of Pope Pius and Victor of the Councell of Nice or of any other touching matters of fact 28 Secondly saith Mr. Fitzherbert g Pa. 180. nu 7 it appeareth that as the Quartadecimani were woorthily condemned of heresie because they obstinately contradicted the authoritie of those Decrees so also those who doe with like obstinacy impugne the other Decree of the Councell of Lateran doe much more deserue to be held for heretickes seeing that they haue much lesse probability for their opinion then the other had 29 But this also hath been answered before for neither were the quartadecimani condemned of heresie because they obstinately contradicted the authoritie of those decrees but because they contradicted them vpon an hereticall ground Neither doe I impugne the Decree of the Lateran Councell but do only expound it according to the probable doctrine of very many learned Catholikes who since the Councell of Lateran haue affirmed that the Ecclesiasticall power by the institution of Christ doth not extend to the inflicting of temporall punishments as death exile priuation of goods imprisonment but that the Church when she inflicteth such punishments doth it by the pure positiue law and priuiledges of Princes which learned Doctours cannot without grosse temeritie and impudency be therefore condemned of heresie And if this decree of the Lateran Councell bee so cleere a proofe to make this doctrine for the Popes power to depose Princes to bee a point of faith and the contrary hereticall as these men pretend I would gladly know why Cardinall Bellarmine in his Controuersies Victoria Corduba Moliua or D. Sanders did not vrge it to make their doctrine in this point certaine vnquestionable and of faith and why Marsilius of Padua was not by some one of those who write of heresies accounted an hereticke for impugning this doctrine and why it was not by Castro Prateolus Cardinall Bellarmine or some other reckoned among one of his heresies but it must now forsooth within these few yeeres without any new definition either of Pope or Councell bee made an heresie which for a 1600. yeeres before was not by any ancient Father or Catholike Diuine accounted an heresie 30 Thirdly saith Mr. Fitzherbert h Pa. 181. nu â— whereas Widdrington concludeth this his third answere with this reason that the Fathers in the Councell of Lateran had no more assurance and certaintie for this their Decree then if they had declared their opinion foorth of the Councell because Christ hath not promised the infallible assistance of his holy Spirit vnto facts and probable opinions of Popes or Councells but to their definitions onely this his conclusion I say is most impertinent not onely because it impugneth the foresaid Decrees of the Apostles of Pope Pius and of the Nicene Councell no lesse then this other of the Councell of Lateran but also because he flatly ouerthroweth himselfe seeing that this Decree of the Councell of Lateran is a true definition concerning the meanes to extirpate heresie and therefore seeing that our Sauiour promised the infallible assistance of his holy Spirit to the definitions of Popes and Councels as Widdrington hath here expresly affirmed it followeth that the Pope and Fathers in the Councell of Lateran neither did nor could erre in their definition or Decree concerning the deposition of Princes when it shall be necessary for the extirpation of heresie 31 But all this also I haue fully satisfied before and shewed a great disparity betwixt those decrees of the Apostles of Pope Pius and of the Councell of Nice and betwixt the Act of the Lateran Councell concerning the future deposition of temporall Potestaes both for that this Act of the Lateran Councell is no true and proper Decree according to my Aduersaries grounds as those were and also for that no Catholike Authour affâ—rmeth that those Decrees were made by temporall but onely by spirituall authoritie but very many Doctours affirme that this Act was made by the authoritie and consent of temporall Princes seeing that according to their doctrine the Church by the institution of Christ hath not authoritie to inflict temporall punishments but that when shee vseth or inflicteth them shee doth it by the pure positiue law and priuiledges of Princes 32 And whereas Mr. Fitzherbert saith that this Decree of the Lateran Councell is a true definition concerning the meanes to extirpate heresiâ— if hee meane by the Decree of the Lateran Councell this onely Act concerning the absoluing of Vassalls from their fealty whereof onely wee now dispute and by a definition hee vnderstand a Decree containing some precept or obligation either concerning faith or manners this is very vntrue for as I shewed before this Act according to his owne grounds containeth no precept bond or obligation vnlesse he will grant that the Councell hath authoritie to command or bind the Pope and therefore it is not properly a true Decree but onely the reason cause and end of the former Decree and although it were a true decree and in that sense a definition yet for that it was enacted not by spitituall but by temporall authoritie it is euident that no infallible assistance of the holy Ghost was promised by our Sauiour Christ to the making thereof But if by this Decree of the Lateran Councell he vnderstand the whole act which containeth diuers particular decrees coÌ„cerning the rooting out of heresie by spirituall meanes for to root out heresie by temporall meanes and inflicting temporall punishments as I haue often said doth not belong to spirituall but to temporall authoritie then I willingly graunt that this Decree is a true definition
and knowledge of men For if wee take certaintie as it is in the thing it selfe which is rather to bee called necessitie there is nothing that is past which is not certaine or rather necessarily true So that all the power and authoritie which Christ hath giuen to S. Peter and consequently to the Pope as hee is Saint Peters Successour is most certaine in it selfe that is most true and necessarie yet all the power in particular which Christ hath giuen to Saint Peter and the Pope is not certaine quoad nos that is to the vnderstanding and knowledge of the faithfull nor of the Popes themselues 34 Secondly whereas Mr. Fitzherbert affirmeth that albeit the reason which mooued some Popes to grant that licence to Priests seemed erroneous to some learned men yet it was not therefore vncertaine to the Popes that gaue it and againe It is euident saith he that many things may seeme vncertaine to some learned men and yet bee most certaine hee doth not say may seeme to be most certaine to the Sea Apostolike insinuating thereby that those Popes who gaue such licences did not only thinke or perswade themselues that they did certainely know but also that they did in very deede certainely knowe which is a farre different thing that they had authoritie giuen them from Christ to doe the same I would gladly learne of Fa. Lessius from whom Mr. Fitzherbert hath taken this assertion by what meanes those Popes came to such a certaine knowledge of things reuealed by Christ our Sauiour whereof other men and perhaps farre more learned then those Popes were in all sorts of learning both diuine and humane were so ignorant vncertaine and doubtfull For my owne part I doe not know by what way any man whatsoeuer hee bee can haue a certaine knowledge which is truely certaine and not onely imagined or thought to bee certaine of things supernaturall and reuealed by GOD but by diuine reuelation and this must bee either a priuate reuelation whereby God reuealeth himselfe to the priuate soule or spirit of a man as hee did in the old Law to the Patriarchs and Prophets and in the New to the Apostles and to diuers other holy men or else it must bee a publike reuelation knowne and approoued so to bee by the publike declaration or acceptance of the Church for the publike definitions of Popes without the approbation of a generall Councell or generall acceptance of the Church doe still remaine vncertaine seeing that it is as yet vncertaine and disputable among learned Catholikes whether the Pope hath authoritie to define certainely and infallibly that this or that thing which is in controuersie among famous and learned Catholike Diuines hath beene reuealed by God or no. 35 If therefore when Mr. Fitzherbert taxing mee most ignorantly of ridiculous absurditie doeth so confidently affirme it to bee euident that many things may seeme vncertaine to some learned men and yet bee most certaine to the Sea Apostolike his meaning bee that the Sea Apostolike hath this certaine knowledge by publike reuelation or by some necessarie consequence which is euidently deduced from publike reuelation I cannot possibly see how this can bee true for that publike reuelations and those things which are euidently deduced from publike reuelations are not proper onely to the Pope but are common also to other learned men and therefore also other learned men who are as skilfull and perchance farre more skilfull in the knowledge of the holy Scriptures and of publike reuelations traditions definitions declarations and of the generall consent and acceptance of the Church then those Popes are may haue as certaine a knowledge of things supernaturall and reuealed by publike reuelation as those Popes either haue or morally can haue 36 But if hee meane that the Sea Apostolike hath that certaintie of knowledge touching things reuealed by priuate reuelations or secret instincts and inspirations any learned man may plainely see that this is spoken without sufficient ground seeing that Christ our Sauiour hath not promised an infallibilitie of trueth to the priuate knowledge of any Pope or of the Prelates of the Church assembled together in a Generall Councell but onely to their Decrees and those not all but to such only which are propounded as of faith Neither also is it certaine that Christ hath promised an infallibilitie of truth so much as to the Popes publike definitions and decrees which are propounded as of faith if hee define without a Generall Councell and much lesse to his priuate knowledge and iudgement as it is manifest by the decrees of Pope Nicholas the first and of Pope Celestine the third whereof the first declared q De cons dist 4 can A quodam Iudaeo that Baptisme giuen in the name of Christ without expressing the three persons of the Trinitie is valid and of force and the second r Quondam in cap. Laudabilem de conuers coniugat that Marriage is so dissolued by heresie that the partie whose consort is fallen into heresie may lawfully marry another which doctrine is now condemned in the Councell of Trent and also by Pope Iohn the 22. who publikely taught Å¿ See Adrian Papa in q. 2. de Confirm circa finem Castro lib. 3. contra haeres verbo Beatitudo haer 62. Bell. l. 4. de Ro. Pont. c. 14 and if hee had not beene preuented by death was resolued to define that the soules of the Blessed should not see God before the Resurrection and by Pope Boniface the eight who in a letter to Philip le Bell King of France affirmed t See Nicol. Vignerius ad an 1300. Ioan. Tilius ad ann 1302. that he accounted them for heretikes who did not beleeue that the said King of France was not subiect to him in spiritualls and temporalls And as for these priuate reuelations they may also bee common to other vertuous and holy men as well as to Popes and with the same facilitie and vpon the same grounds wee may attribute priuate reuelations and certaintie of priuate knowledge as well to the one as to the other 37 And albeit it were so that many things are certaine to the priuate vnderstanding and knowledge of some Popes which are vncertaine and seeme erroneous to other learned men will my Aduersaries therefore affirme that those learned men are bound to follow the Popes priuate iudgement and to beleeue him vpon his bare word if hee say that hee is certaine his iudgement and knowledge to bee true vntill hee make manifest to them the certaintie thereof and vpon what grounds hee is so certainely perswaded his iudgement to bee certainely true This were doubtlesse a most pernicious doctrine and the opening of a wide gappe to errours and heresies For then should the Doctours of Paris See Pope Adr. in the place aboue cited who caused Pope Iohn to recall his errour haue beleeued him when hee commanded his doctrine or rather errour to bee held by all men and induced the Vniuersitie
Princes was euer firmely belieued by the Church as an vndoubted point of faith but at the most as a probable opinion no Catholike man can be iustly impeached of heresie errour or temeritie as the aforesaid Conclusion of mine doth plainely conuince for maintaining the contrary doctrine And whether the instances arguments and answeres which I haue brought be weake friuolous or impertinent or Mr. Fitzh replies altogether vaine and fraudulent wherby he clearely discouereth both the weaknesse of his cause and also his manifest fraude and ignorance I remit to the iudgement of any indifferent Reader And thus much concerning his first obseruation 30 The other thing which I wish saith Mr. Fitzherbert l Pag. 204. nu 11. 12. to be noted is how Widdrington giueth sentence against himselfe as hauing incurred the note of errour or heresie in contemning to heare the voyce of the Church firmely beleeuing for if the Church had not firmely beleeued that the Pope hath power to depose Princes shee neither would nor could haue decreed in the Lateran Councell that Princes should bee deposed by the Pope for albeit shee doth and may in particular cases practise some things vpon a probable opinion when there is no Definition or Decree to the contrary yet it were most absurd and temerarious if not hereticall to say that shee euer made a generall Decree in a Councell touching either faith or manners but vpon a most certaine and assured ground and the reason is for that otherwise the Decrees of generall Councells should sometimes bee vncertaine as being grounded onely vpon a probable opinion yea all their Decrees might alwaies with some shew of reason bee impugned and reiected by any contentious heretike who might and would call the Decree in question and say that the same were onely probable as Widdrington doth in this case 31 Therefore seeing it is most certaine and vniformly beleeued by all Catholike Doctours See Bellar. de Concil l. 2. c. 2. 3. 4. Item Can. l. 5. de locis c. 5. Bannes 2ae 2ae q. 1. ar 10. dub 6. concl 2. that no Decree of generall Councells made for the whole Church touching either faith or manners can be repugnant to the veritie of the holy Scriptures or may bee impugned or called in question by any Christian man it followeth euidently that all such Decrees are founded vpon assured grounds and none vpon probable opinions for if the grounds thereof were or might bee onely probable they might bee repugnant to the Scriptures and lawfully impugned or denyed by any man Whereupon it followeth that seeing the Lateran Councell hath for the speciall good of the Church decreed that Princes shall be deposed by the Pope in some cases the said Councell and consequently the Church doth firmely and assuredly beleeue and not thinke onely probably that the Pope hath power to depose Princes and therefore I conclude that Widdrington contemning and reiecting this beliefe of the Church is by his owne confession fallen into errour Luc. 19. or heresie so as I may well say to him with our Sauiour in the Gospell Ex ore tuo te iudicio serue nequam 32 But this obseruation of Mr. Fitzherbert is so childish not to say ridiculous that no Schoole-boy would argue in such a childish manner For what man that hath his wits about him would make this conclusion that his Aduersary by his own sentence grant confession is fallen into errour or heresie and to prooue the same bringeth two propositions whereof the one his Aduersary doth indeed very willingly grant but the other which is the maine difficultie betweene them he vtterly denyeth By the same manner of arguing I might also prooue that Mr. Fitzherbert is by his owne sentence grant and confession fallen into errour or heresie For hee graunteth that the Pope hath no other authority to depose Princes then that which was granted to S. Peter and his Successours by those wordes I will giue thee the keyes c. Whatsoeuer thou shalt lose c. Feede my sheepe or such like and that whosoeuer impugneth that which is decreed in the holy Scriptures is fallen into errour or heresie but in those and such like words of the holy Scriptures was onely granted to Saint Peter and his Successours authority to expell men from the Church of Christ not from temporall kingdomes to binde and loose with spirituall not with temporall bindings or loosings to absolue from the bond of sinnes not of debts to inflict spirituall not temporall punishments therefore Mr. Fitzherbert contemning and reiecting the holy Scriptures is by his owne confession fallen into errour or heresie so as I may wel say vnto him with our Sauiour in the Gospel ex te ore tuo iudico serue nequam Now if I should haue argued in this manner against him he would quickely haue answered that albeit he grant the Maior proposition yet hee denieth the Minor and therefore cannot bee said to grant the conclusion which must bee inferred from the granting of both the premisses and for my goodly argument hee both would and might deseruedly haue giuen mee his vsuall absurd impertinent fond foolish and ridiculous nicknames 33. In this very like manner hee argueth against mee to prooue that by my owne sentence graunt and confession I am fallen into errour or heresie for contemning and reiecting the voyce of the Church in a generall Councell firmely beleeuing For although I graunt the Maior proposition to wit that whosoeuer contemneth to heare the voyce of the Church or of a General Councell firmely beleeuing or decreeing any doctrine as certaine and of faith is fallen into error or heresie yet I euer denyed the other proposition to wit that the Church in the Councell of Lateran did either Decree the deposition of Princes or firmely beleeue the doctrine thereof as certaine and of faith and therefore it cannot be rightly inferred that I graunt the conclusion which must be inferred from both the premisses for as the conclusion doth follow from both the premisses and not from one onely so he cannot be said to grant the conclusion who granteth not both the premisses or propositions but one onely And therefore those words of our Sauiour Exore tuo te iudico serue nequam may fitly be applied to himselfe who by his owne arguing sheweth himselfe to be a very ignorant fraudulent and slanderous man in charging me to bee fallen into errour or heresie by my owne grant and confession which euery Schoole-boy seeth to be most false 34 And as concerning that generall reason which heere hee bringeth why the Councell of Lateran must firmely and assuredly beleeue as certaine and of faith that the Pope hath power to depose Princes to wit because it is most certaine and vniformly beleeued and taught by all Catholike Doctours that no Decree of generall Councells made for the whole Church touching either faith or manners can be repugnant to the verity of the holy Scriptures or called in question by any Christian man and
remembrance that this Oath before it was by your Holinesse declared to be manifestly repugnant to faith and saluation might with a probable and consequently with a safe conscience bee taken by any Catholike by reason of the authoritie of so many learned and vertuous Priests and withall they doe now not only consider that your Holinesse prohibition being a meere declaratiue precept can haue no greater force to binde then the reason whereon it is grounded and wholy dependeth as beneath h C. 10. sec 41. seq out of the doctrine of Fr. Suarez shal be made manifest but also they are probably perswaded that your Holinesse was by Cardinall Bellarmine and Fa. Parsons wrongfully informed of the reason for which you forbade Catholikes to take the Oath to wit for that it containeth many things which are plainly repugnant to faith and saluation seeing that neither your authoritie to chastice Princes to excommunicate them to inflict Censures or any spirituall authoritie which is certainly knowne to bee graunted by Christ to Saint Peter and his Successours is in this Oath denyed as Cardinall Bellarmine whom Fa. Parsons and diuers other Diuines of his Societie doe follow by fallacious inferences laboureth to deduce they cannot as yet sufficiently perceiue by what forcible argument they are bound with the perpetuall temporal ouerthrow of themselues and their whole posteritie to obey your Holinesse declaratiue commaundement which at the most is grounded vpon a probable reason Neither doe they conceiue that they ought therefore to bee accounted rebellious to the Sea Apostolike for that they reseruing otherwise all dutifull reuerence to your Holinesse doe not in a matter which is so preiudiciall vnto them obey your Holinesse Apostolicall letters which either are written vpon false information or grounded onely vpon a probable opinion 14 And in the tenth Chapter of my Theologicall Disputation h Sec. 2. nu 50. 51. I brought to the obiection taken from his Holinesse Breues two answeres which are grounded vpon these two reasons To make therefore said I now at the last a compendious answere to all the three Breues and so also to the whole obiection To the first Breue whereon the other two doe depend it is answered first that although his Holinesse thinking and in his opinion supposing the Oath to bee of it selfe vnlawfull and to containe many things which are contrarie to faith and saluation doeth therefore by his letters or Breues forbid English Catholikes to take it yet seeing that this his prohibition is onely a declaratiue precept and founded in the priuate iudgement and opinion of his Holinesse as before i Num. 44. sequen we haue shewed as we are not bound to follow the Popes opinion against the probable opinion of other Catholike Diuines then especially when by following it very great preiudice is like to come to our selues and many others and when the reasons and grounds for his opinion are for the most part by all men accounted to bee very vnsound as are almost all those arguments which our learned Aduersaries haue obiected against the oath so also we are not bound to obey the Popes declaratiue precept which is founded in his opinion and in the reason which hee alledgeth which precept according to the aforesaid doctrine of Franciscus Suarez hath no greater force to binde then hath his reason and opinion whereon his declaratiue precept doth wholly depend 15 Secondly it is answered that there is no English Catholike who if he be well instructed will take the Oath or approue it to be lawfull in that sense wherein his Holinesse by all probable coniectures hath condemned it For it is probable and in my iudgement morally certaine that his Holinesse did vnderstand the words of the Oath in that sense wherein the Diuines of Rome did conceiue them and especially Cardinall Bellarmine whose aduise and opinion in this so weighty a Theologicall controuersie which must needes bring great good or harme to this kingdome his Holinesse as it is very probable both demanded and followed who therefore according to his Holinesse minde and by his permission wrote in defence of his Breues against his Maiesties Apologie for the oath But Cardinall Bellarmine vnderstood the Oath in this sense as though it denied the Popes Primacie in spirituals his power to excommunicate to binde and loose and also to dispence in Oathes in which sense doubtlesse it cannot be denied but that it containes many things which are flat contrary to faith and saluation but no Catholike doth in this sense either take the Oath or defend it to bee lawfull Neither are the arguments which Cardinall Bellarmine hath brought to prooue the same any way sound and sufficient but very fallacious as I haue shewed at large in the said Disputation 16 All this which is onely a part of the answere I brought from the obiection taken from his Holinesse Breues I thought fit to repeate here againe onely for satisfaction of some scrupulous Catholikes who perchance fearing now to reade my Disputation it being forbidden by the Cardinals of the Inquisition without declaring any cause either in particular or in generall why it it is forbidden of wnich their prohibition I will say more beneath may here most clearley see how soundly and without any irreuerence or vndutifull respect to his Holinesse I propound to him the reasons for which English Catholikes thought themselues not bound to obey his declaratiue precept contained in his Breues humbly requesting him that in regard of his Fatherly care and Pastorall dutie he would vouchsafe to instruct vs in the Catholik faith and to make knowne vnto vs but one of those many things which hee saith are in the Oath so manifestly repugnant to faith and saluation 17 Whereby the Reader may easily perceiue the egregious fraude of this my vnlearned Aduersarie in vrging so vehemently to my disgrace the obiection drawen from the authority of his Holines Breues concealing the principall answer which I brought thereunto whereby I cleared my selfe from all iust imputation of irreuerence or vndutifull respect to his Holinesse For what irreuerence or vndutifull respect to his Holinesse can be iustly imagined in propounding to him being the supreame Pastour of our soules with all reuerent and respectiue words the reasons which doe mooue vs to thinke that he hath beene misinformed of the true sense of the Oath and the difficulties which do perplexe our consciences concerning his Breues and humbly requesting him in regard of his Fatherly loue and Pastorall office that he would vouchsafe to teach vs instruct vs in the Catholike faith in those things which he saith are in the oath contrary to faith and saluation No Catholike subiect is bound so to respect and reuerence his superiour albeit he be the Pope as to obey his commandements with blinde obedience when his conscience doth dictate vnto him that they are vniust but hee may with all dutifull respect propound to his Superiour although he be the