once commit a mortall sin If they will so easily be scandalized for speaking the truth I trust I may be bold Greg. hom 7. in Ezech. Haimo in Math. c. 18. without sin to say with S. Gregorie Si de veritate scandalum sumitur vtiliùs nasci permittitur scandalum quà m quòd veritas relinquatur If scandall be taken for speaking truth it is better a scandall should be permitted to arise then truth left vntold I will relate therefore certaine true facts but not censure them which without this or such like occasion offered I euer purposed to haue concealed and referre to the readers iudgements whether they were errors in gouernment and sinnes or no. When Sixtus Quintus otherwise a prudent Prince and learned Pastor commanded a boy of fourteene yeares of age to be hanged in Rome for a fault which in many mens iudgements deserued not death but rather whipping or some such punishment and being in all humility told by the Iudge that by the ciuill lawes he was not to be executed till he came to the age of 16 he answered Then I will giue him two of my yeares Whereupon the poore lad contrarie to law ended his life in port hast in a halter Whether this were a iust sentence or iniust I will not say it seemed at his departure out of this life to be scored among his misdeeds for being in extremis one like in habit to S. Francis appeared to him who had appeared long before foretold al his fortunate risings to honor and now warned him to prepare to die for his time was come Hereat Sixtus appalled said Diddest thou not promise me that I should reigne one lustre and halfe a lustre is the space of fiue yeares Yes and now it is in maner expired he had then reigned fiue yeares foure moneths and three daies for if you remember you gaue a boy two yeares to hang him This I heard constantly reported by manie in Rome presently vpon his death But who this was that appeared S. Francis or some other transfigured in his habite it was not knowne and I leaue to the consideration of men to thinke what they list Likewise it happened that in his time a Clergie man nephew vnto old Martinus Nauarrus the great Canonist coming into S. Peters Church doubtlesse with intent to pray found standing against a pillar by our Ladies altar a pilgrims staffe wherewith he strake the Iudge of the Suitzers being on his knees at his praiers before the crucifixe altar and brake his head so as the bloud ran about his eares and fell on the pauement whereby the Church being profaned forthwith all Masses and other diuine seruice ceassed for a time I speake what I know being then oculatus testis incontinently the partie fled toward the new Church but pursued by certaine Suitzers attending on the said Iudge was apprehended and the Pope then sitting in Consistorie aduertised of the fact who commanded a ghostly father to be prouided for him religiously and well done for safetie of his soule and that he should not hope for life but prepare to die out of hand summum ius for he would not dine till the offender were hanged A hard sentence of the supreme Pastor Haste here made waste of bloud Would God he had well considered S. Ambrose his penance enioyned Theodosius the Emperour and his humble acceptation thereof viz. not to punish any malefactor to death for a moneths space after the crime committed then haply his wrath and indignation might haue bene pacified and the offenders life saued Incontinently a gallowes was set vp before the Suitzers gate and the Spanish gentleman brought to execution within three houres after the blow giuen the Pope standing in a gallerie of his pallace Consistorie being ended to see him coming as was most certainly reported vnto me then lying in the pallace by such as had reason to know it and would not be pacified or intreated for his life neither by the Spanish Ambassadour who posted to the Court to that end though in vaine for audience would not be granted nor by any other howbeit his seruant the Suitzer in short space after recouered and liued diuers yeares after that to my knowledge How 〈◊〉 these commandements were I referre to the readers iudgement and whether they sauoured not more of a passionate secular Prince then of a milde spirituall Pastor Moreouer the said Pope hauing created Cardinall the Deane of Toledo Mendoza by name a verie noble and worthie gentleman a comely and courteous Prelate and well beloued of many dealt often with the said Cardinall to resigne his Deanrie into his hands by reason of the indignitie he should be driuen into if at any time after he were to reside in his Deanrie according to order by taking inferior place in the Church to the Bishop of the Diocesse being no Cardinall which was a thing he would not consent vnto saying they were incompatibilia Deane and Cardinall in one person The Cardinall vnwilling to lose so great reuenewes by making such a resignation thought it no sinne therein not to yeeld to his Holinesse Pope Sixtus notwithstanding out of his absolute authoritie volens nolens depriued him of his Deanry bestowed it on another Spaniard who after Sixtus death plaied least in sight for feare what might befall him by some of the Cardinall his friends for accepting or seeking it And the Pope to make his donatiō valid sent Monsignore Burghesius Auditor di camera who sitteth now in Peters chaire with straight commandement vnto Cardinall Mendoza either forthwith to send the writings of his Deanrie or else to go immediatly with the said Prelate to the Castle The Cardinall hereat sore perplexed and straightned on euerie side making choice of the lesse euill chose rather quietly though much against his liking to send his writings and be depriued of his Ecclesiasticall liuing then bereaued of his temporall life in the castle of S. Angelo whence is hard getting foorth for any that shall enter therein Many hereat muttered and murmured iudging the commandement to sauour of great iniustice After this Pope Clement in the beginning of his reigne with more haste thē good speed resembling likewise rather a passionate Prince then a meek Pastor gaue order or commandement that a certain gentleman of Cardinall Farnesius apprehended on Saturday before Palmsunday should be executed the wednesday following being the feast of the Annunciation of the blessed virgine Marie and in the holy weeke against all clement Christian customes and good order which spare to execute any malefactor on such times would not hearken to any other information then that of the Gouernour the gentleman 's knowne aduersarie no not of the Cardinall who hearing thereof with all speed posted from Grotta ferrata toward his Holinesse at Rome for his seruants life albeit in vaine for he was inexorable and audience would not be granted him till the poore gentleman had lost his head whereupon the Cardinall being
whether the principall points thereof as deposing the Kings Maiestie discharging his subiects of their obedience dispensing and absoluing in this Oath and such like be matter of faith which bind euery Christian man stedfastly to beleeue the same vnder paine of damnation or else but matter of opinion And secondly what you ought to doe concerning the Popes Breues whether you may lawfully disobey them or no. These points indeed are the chiefest whereon the rest haue their dependāce which with Gods assistance I shal endeuor so to handle as you shall not need to doubt of the lawfulnes of the Oath nor hazard all your estates for refusing the same yet so as whatsoeuer shall be here in this my treatise written I humbly submit to the censure of the holy Catholicke and Apostolicke Church Errare quidem possum homo enim sum haereticus esse nolo Well I may erre for a man I am but hereticke will I neuer be In the dayes of Samuel the Prophet after the people of Israel had bene foure hundred yeares ruled and gouerned by certaine rulers called Iudges vpon occasion of Samuels sonnes misdemeanour in their gouernment 1. Reg. 8. all the elders of Israel came to Samuel in Ramatha and they said vnto him Behold thou art old and thy sonnes walke not in thy wayes appoint vs a King like as all nations haue Whereupon though this word highly displeased Samuel God commanded him to heare them howbeit he should witnesse and foretell them the authoritie or right of a King which he did saying This will be the right of a King that is to gouerne ouer you c. All which things in the text of Scripture expressed by Samuel Gloss ordin in hunc locū are a Kings right as faith the Glosse in time of neede for the good of the weale publike though it were to be wished that many of thē were moderatly vsed Tho. 1. 2. q. 105. at 1. ad 5 especially all those things which seeme to make the people that is subiect to be seruile or slauish and which respect not the common good but rather the will of the man exalted in the kingdome These or such like did Samuel foretell them to withdraw them from asking a king because it was not expedient for them and because that gouernment for the greatnesse or excellencie of power is easily conuerted into tyrannie After this God sent Saul and then reuealed vnto Samuel that he was the king that should gouerne his people-Israel and commanded to annoint him Which he did saying Ecce vnxit te Dominus super haereditatem suam in Principem 1. Reg. 10. liberabis populum suum de manibus inimicorū eius qui in circuitu eius sunt Behold our Lord hath annointed thee to be Prince ouer his inheritance and thou shalt deliuer his people from the hands of their enemies which are round about them Not long after king Saul for disobeying the precept of God giuen him by Samuel was by God depriued of his kingdome as the Scripture saith and not by Samuel as some would haue it 1. Reg. 15. Quia proiecisti sermonem Domini proiecit te Dominus ne sis Rex super Israel Because thou hast reiected the word of our Lord our Lord also hath reiected thee that thou maiest not be king ouer Israel By this example some gather as they thinke a strong argument viz. à fortiori that the Church of God and the Pope Christs vicar in earth may iustly depriue or dispossesse kings of their scepters and dominions vpon cause giuen as for heresie or apostasie c. when as the Synagogue and Samuel had this authoritie who de facto deposed Saul for disobedience onely If this were true then indeede were the argument of some force for it cannot be denied but that the spirituall power of the Church of Christ is much greater then was that of the Synagogue of the Iewes and the Pope hath more ample * ordinarie authoritie then Samuel had yet it followeth not hereof that either the Pope or Church by any power receiued from Christ Iesus can depriue depose or disposses any lawfull Prince or priuate man that is not a vassall feudatarie or subiect vnto him of his goods temporall state crowne or dignitie because neither the Synagogue nor Samuel were euer endued with this power It is not any where to be found in all the old Testament that the Synagogue of the Iewes the figure of Christs Church or high Priest or Bishop for the time being could or de facto euer did depose any lawfull king of Israel or Iuda from their Empire were he neuer so wicked neuer so peruerse or cruell and in his place did substitute an other Whereby then is euident that no good argument can be gathered by this example to proue such power to be in the new law and in the Church or gouernours thereof That Samuel deposed not king Saul by any authoritie in him existing but Almightie God himselfe may easily be proued thus for either he must depose him by temporall authoritie as he was a Iudge which could not be he being depriued thereof when Saul was made king and was no more a gouernour but a subiect or else by some ordinarie power of spirituall iurisdiction ouer him which he had not for that he was nor Bishop nor Priest though a great Prophet but only a Leuite as Genebrard Saint Hierome Geneb in Ps 98. Hierom. lib. 1. in louin Bellar. in Psal 98. Pintus in Ezech c. 45. p. 549. Cardinall Bellarmine Hector Pintus and others affirme to whom such iurisdiction did no way appertaine Therefore Samuel deposed him not but onely as an extraordinarie Embassador executed the will and iudgement of God in his deposition who had giuen him a speciall warrant or commandement as touching the same which will appeare manifestly to him that readeth the Scripture Sine me indicabo tibi quae locutus est Dominus ad me nocte 1. Reg. 15. Suffer me said Samuel to the king when he came to him and I will declare vnto you what our Lord hath spoken to me in the night And then forthwith deliuered his message that which God had reuealed vnto him to wit that our Lord had so reiected him and his progenie as albeit he were in person to enioy the kingdome to his liues end as he did fortie yeares that none of his stocke or seed should successiuely reigne after him and be of that line of whom Christ the Messias was to be incarnate If then neither the Synagogue nor Samuel did or could by any ordinarie power depose Saul elected by God I do not see how by this example any good argument can be drawne in consequence for the Churches or the Popes ordinarie power of deposing Princes Had such authoritie bin graunted to the Synagogue or high Priests in the old law why I pray you had it not bene practised on the persons of Achaz Manasses Amon Ioachaz and
they be present or vnto their Bailiffes or Presidents to be punished with due punishment Clearkes being first degraded from their orders And such as shall be found noted with suspition onely vnlesse according to the consideration of the suspition and the qualitie of the person they shew their owne innocencie by a meete purging let them be excommunicated and the qualitie of the person they shew their owne innocencie by a meete purging let them be excommunicated and auoyded of all till they haue made condigne fatisfaction so that if for the space of a yeare they stand excommunicate from that time forward let them be condemned as heretikes All which seemeth not to serue the Cardinals turne to proue the Pope to haue power to depose and therfore in his answer to D. Barclai page 30. he omitted it sauing the first sentence Excommunicamus It followeth in the Councell Moneantur autem inducantur c. And let the secular powers yea of what office soeuer be admonished and induced and if need be compelled as they desire to be reputed and accompted faithfull so for the defence of faith let them take publikely an Oath that they will endeuour bona fide to their power to roote out of the lands subiect to their iurisdiction all heretikes marked out by the Church so that henceforward whensoeuer any shall be assumed into either spirituall or temporall potestacie he be bound to confirme this chapter This part also the Cardinall left our as not being any thing for his purpose and taketh hold of this clause ensuing Sivero Dominus temporalis And if the temporall Lord being required and admonished by the Church shall neglect to purge his land from this hereticall filth let him be excommunicated by the Metropolitan and comprouinciall Bishops And if he shall contemn to make satisfaction within a yeare let this be signified to the Pope that he may from that time denounce his vassals absolued from his fealtie and may expose his land to be occupied by Catholikes who hauing rooted out the heretickes may possesse it without any contradiction and conserue it in the puritie of faith the right of the principall Lord referued so that to this he be no hinderance nor oppose any impediment the same law notwithstanding being kept about those who haue not principall Lords How greatly might it haue bene wished that the most illustrous Cardinall Bellarmine either in Tortus See Tortus p. 73. Colon. or in his answer to D. Barclai or in some other of his learned workes had so clearely explicated this latter part of the Councell esteemed of him the greatest and most famous howbeit the Councell of Chalcedon for number of Bishops was much greater that all might haue rested satisfied of the irrefragable decree of the Popes power to depose Princes May it not be said vnto him Quousque animam nostram tollis if this be of faith dic nobis palam But this his Gr. with his good leaue be it spoken hath not yet performed no not in his last against Bellar. in Barc p. 31. Colon. D. Barclai howsoeuer he laboutech to beate downe a simple reader with words full of terror to wit That it is the voice of the Catholicke Church and he that contemneth to heare her as he saith Barclai hath done is no way to be accompted a Christian but as a Heathen and Publican And if the Pope hath not power in earth to dispose of temporals euen to the deposition of those Princes who are either theÌ„selues heretikes or in any sort do fauour heretikes why at the edition of this Canon did none of so great a number reclame against it Why durst not no not one among so many Embassadors of Emperours and kings once mutter at it This lo is all the Cardinall bringeth for proofe of the supposed decree of faith in the third Councell of Lateran which is little to the purpose and not so dreadfull as the words import if it be well considered saying It is the voice of the Catholicke Church What that it is a point of faith there concluded binding all Christians to beleeue that the Pope hath power to depose kings and dispose of temporals Was there Anathema thundred against any that should not beleeue it Nothing lesse as you may see if ye note the words And therefore Barclai hath not conteÌ„ned the Church nor others that agree with him in opinion who did alway highly reuerence whatsoeuer she decreed tanquam de fide in any general Councell whose soule I trust doth rest in peace and whose defence I make no doubt but some will take in hand Then his Grace demandeth why none reclamed against this Canon nor any Embassadour once muttered at it This why in my judgement may be answered with a Wherfore haue Metropolitans and Bishops all this time being almost 400. yeares agone bin so negligent in performing their dutie The 3 Councell of Lateran held an â—alutis 1215. by admonishing and excommunicating their Princes if this decree did bind them And wherefore haue not Bishops that were remisse and negligent in purging heresie out of their Diocesses bene deposed according to the Councels order as appeareth in the end of this Canon The words are Volumus igitur mandamus in virtute obedientiae districte praecipimus c. We will therefore and coÌ„mand in the vertue of obedience do straightly charge that for the effectuall execution of these things Bishops watch diligently ouer thei Diocesses as they will auoide the Canonicall reuenge For if any Bishop shall be negligent or remisse in purging out of his diocesse the leauen of hereticall deformitie when that shall appeare by euident signes let him be deposed froÌ„ Episcopall office and into his roome let another that is fit be substituted who will and is able to confound hereticall prauitie This out of the Councell Are these to be reputed as Heathens and publicans for not obeying the voice of the Church in this point I know the Cardinall will not be so seuere a iudge in such wise to censure them albeit they obey not the straight commandement of this great and famous Conc. Trid. Sess 25. c. 22. de reform cap. 20. Councell whose decrees of reformation as also of all other general Councels they are more bound to accept and put in execution then kings and secular potentates And is it not more then probable that some there reclamed some muttered though the Cardinall haply find it not registred when according to the order of the Councell and by vertue of this decree it was neuer executed Then Nonne frustra est illa potentia quae nunquam redigitur in actum Yes saith Cardinal Bellarmine speaking in a like case of Christs regall power in earth vpon those words of our Sauiour Ioan. 18. Regnum meum non est de hoc mundo Christ neuer exercised regal power in this world for he came to minister not to be ministred vnto Therefore in vaine saith he had he
and much more moment then their owne And lest you should hauing perchance neuer seene this imperiall Decree doubt thereof I haue thought good to set it downe at large which is this Statuimus etiam hoc edicto in perpetuum valituro Constit Fred. Imper. cont Patarenos vt Potestates Consules seu Rectores quibuscunque fungantur officijs defensione fidei praestent publicū iuramentum quòd de terris suae ditioni subiectis vniuersos haereticos ab Ecclesia denotatos bona fide pro viribus exterminare studebunt ita quod amodo quandocunque quis fuerit in perpetuam potestatem vel temporalem assumptus hoc teneatur capitulum iuramento firmare alioquin neque pro Potestatibus neque pro Consulibus seu consimilibus habeantur eorumque sententias ex tunc decernimus inutiles inanes Si vero Dominus tēporalis requisitus monitus ab Ecclesia terram suam purgare neglexerit ab haeretica prauitate post annum à tempore monitionis elapsum terrans ipsius exponimus Catholicis occupandum qui eam exterminatis haereticis abque vlla contradictione possideant in fidei puritate conseruent saluo iure Domini temporalis dummodo super hoc nullum praestet obstaculum nec aliquod impedimentum apponat eadē nihilominus lege seruata contra eos qui non habent Dominos temporales c. Datum Paduae 22. Februarij indictione 12. In English thus We decree also by this edict for euer to be of force that Potestates and Consuls or Rectors what offices soeuer they beare for defence of faith take a publike oath that they shall seriously endeuour what in them lieth to roote out all heretikes noted by the Church out of the countries subiect to their gouernment so that from hencefoorth whensoeuer any shall be assumpted to a Potestacie for euer or for a time let him be bound to confirme this chapter by oath otherwise let them not be esteemed for Potestates or for Consuls or such like and their sentences we decree forthwith to be vnprofitable and of no force And if the temporall Lord required and admonished by the Church shall neglect to purge his countrie from hereticall prauitie after a yeare expired from the time of the admonition we expose his countrie to be occupied by Catholikes who when the heretikes are rooted out may possesse it without any contradiction and maintaine it in the puritie of faith the right of the principall Lord being reserued so that vpon this he bring no obstacle nor procure any impediment the same law notwithstanding being obserued against them that haue not principall Lords c. Giuen at Padua 22. of Februarie indiction 12. Now can any man perceiue by this imperiall law procured and vsed by the Church in the punishment of heretikes that kings are bound to take the oath therein specified or that it is meant their countries should be giuen from them if after the Churches admonition they yet remaine negligent in extirpating heretikes Nothing lesse First because kings are not named or mentioned which is requisite but Potestates as are in Italie Consuls and Rectors or Gouernours of prouinces such as are inferiors or subiect to the Emperour or kings therefore they are not comprised in the law Nor secondly can they be comprised therein though perchance you will say that by the latter clause it is meant also by kings and all other absolute Princes who haue no dependance of the Emperour for that they are not bound to the keeping of the law being penall L. Princeps D de legibus Princeps enim solutus est legibus For the Prince is freed from lawes That is as the Grecians vnderstand frō the penalty of lawes Thirdly the Emperor being no superior to absolute kings cannot constraine them by any law ciuill nor punish them L. non magistratus D. de recep Qui arbi For Par in parem non habet imperium multo minus inferior in superiorem A peere or equall hath not dominion ouer his equall much lesse an inferiour ouer his superiour as subiects ouer their lawfull Prince Now if the Emperour or any other Peere may by vertue of that law depriue an absolute king of his kingdome and confiscate whatsoeuer he hath which are grieuous punishments then is he subiect to penall lawes and to be corrected not onely by his peeres but also by inferiors and his owne subiects which is absurd Tert. ad Scapulā Praesid Carthag Amb. in li. Qui inscrib Apol. Dauid and against the authorities abouesaid and iudgement of ancient Fathers Tertullian Ambrose Gregorius Turonensis and others who write that a king is inferiour but to God alone that is in temporals that they are not to be punished by penall lawes being defended with the power of their empire Greg. l. 5 hist c 7. if thou speaking of a king dost offēd who shall correct thee who shal cōdemn thee but he that hath pronoūced himselfe to be Iustice This being so then cannot that law of the Emperor take hold on kings nor punish thē temporally But supposing that chapter of the Councell whereof we spake before or rather of Innocentius in the Councell were a decree what then doth it follow infallibly that it is de fide No. The most reuerend Cardinall Bellarmine will tell you Bella l. 2. Concap 12. that in Councels the greatest part of the acts appertaine not to faith as disputations reasons explications c. Sed tantum ipsa nuda decreta ea non omnia sed tantùm quae proponuntur tanquam de fide That is But onely the verie bare decrees and not all those neither but onely such as are proposed as of faith For sometime saith he Councels do define somewhat not as certaine but as probable as the Councell of Vienna which decreed to be holden as the more probable that grace and vertues are infused to infants in Baptisme as is Clement vnica de summa Trinit fide Cath. Why then Sir how shal I know when a decree is of faith and when it is not Cardinall Bellarmine in the place aboue noted will put you out of doubt thereof Quando autem decretum proponatur tanquam de side facilè cognoscitur ex verbis Concilij semper enim dicere solent se explicare fidem Catholicam vel haereticos habendos qui contrariū sentiunt c. Whē a decree is proposed as of faith it is easily knowne by the words of the Councel for they are alway accustomed to say that they explicate the Catholike faith or they are to be held for heretikes that think the contrarie or which is most vsuall they say Anathema and exclude out of the Church those that are of contrary opinion And when they haue none of these it is not certaine that the matter is of faith This he By which you learne may secure your conscience that the doctrine of depositiō of Princes either directly or indirectly ordinarily or
commanded without reasonable cause we ought not to obey for it were more then is due And the same Cardinall in another place faith thus Li. de 7. pec mort c 15. Nullus obligatur obedire suo superiori in actibus interioribus puris puta intellectus voluntatis No man is bound to obey his superior in pure interior acts to wit of the vnderstanding and will Who explicateth himselfe If a superior say vnto his inferior Loue thine enemie See S. Tho. More epist ad filiam or this man in particular or else beleeue this or that opinion the inferior is not bound to beleeue it nor to obey because saith he the soule is subiect only to God And for proofe alledgeth Saint Thomas whose words are In his quae pertinent ad interiorem motum voluntatis 2.2 q. 104 art 5. homo non tenetur homini obedire sed solum Deo In such things as appertaine to the inward motion of the will a man is not bound to obey another man but onely God And this he affirmeth to be the common doctrine Out of these cases you may gather and secure your conscience that a superiour yea Christs Vicar the Popes Holinesse may be disobeyed without scruple of sinne modo absit contemptus notwithstanding his commandement prohibiting the Oath of allegiance because no man can force any to beleeue that which is matter onely of opinion not of faith formally vnlesse his vnderstanding be first conuinced that it is an infallible truth which is commanded And this of the Oath being an inward act of the vnderstanding is not subiect in that case to the commandement of any man according to the doctrine of the Authors aforesaid And furthermore by obeying his Holinesses Breues and disobeying his Highnesse law in a matter as yet vndetermined great damage to many is more then likely to ensue and infinite scandals to the losse of soules to arise in the Church which euerie Christian man and good subiect is bound to auoide Qui amat periculum peribit in illo He that loueth danger shall perish in it And Qui causam damus dat damnum dedisse viderur It seemeth he doth the hurt that giueth cause thereof If this satisfie you not lend me a patient and diligent eare and you shall heare more If I shew you by the authoritie of the Sea Apostolicke that his Holines who sitteth now at the sterne Paulus Quintus forbidding all Catholickes to take the Oath of allegiance is not therein to be obeyed I trust you will require no other testimonie but beleeue it to be lawfull and resolue not to hazard your estates for refusing it hereafter Marke then what a learned Cardinal writeth of Innocentius 3. Pope Eleganter dicit Innocentius de sent excom cap. Inquisitioni Franciscus de Zabarel de schismat quòd Papae non est obediendum quando vehementer praesumitur statum Ecclesiae perturbari vel alia mala ventura Et peccaret obediendo cum deberet futura mala praecauere Elegantly saith Innocentius that we are not to obey the Pope when there is vehement presumption that the state of the Church is to be perturbed or other euils are like to ensue And in obeying a man should sin when as he ought to preuent future euils Now tell me I pray you or let our domesticke aduersaries or such as are inwardly perswaded that the Pope cannot by any authoritie deriued from Christ dethrone Kings directly or indirectly howbeit forsooth in policie refuse to take the Oath and discharge their dutie to Caesar for feare of losing friends and commodities nor dispossesse any priuate man of his temporals who is not his subiect of which sort there are many let them I say or any one of them tell me whether by disobeying the Kings highnesse and obeying the Pope in this case of the Oath the Catholick Church in England is not like to be greatly afflicted the memorie of the Gun-powder treason reuiued the Catholickes miseries aggrauated the heate of persecution continued and increased whole families vtterly ruined propagation of faith hindered many soules lost and a thousand euils like to follow with manie scandals to the State and all the Realme by reason of obeying his Holinesse Breues if our most clement Prince with rigour vpon this their indiscreete obedience prosecute his law made for the securitie of him and his posteritie The authoritie aforesaid being of a Pope as that Author affirmeth censureth such a one to offend note well in obeying whom the Pope when as he is bound to beware before hand or preuent such future euils or dangers Then ought not all Catholickes and good subiects doe what in them lieth to preuent the manifold euils that hang ouer their heads by satisfying the Magistrate and refusing to obey such a precept as is the only cause thereof for had no prohibion come from Rome few or none had stood against the Oath especially when as nothing hath bene yet proued by any that haue written of this subiect since the coming of the Breues foure yea fiue yeares agone and more to be contained in the Oath against faith Syluester likewise alledging Panormitane agreeable to the former authoritic Syluest vâ—rb obedietiâ— â—u â— saith that the Pope is not to be obeyed not onely when his precept is iniust or sauoureth sin but also when by such obedience it may be presumed that the state of the Church is like to be greatly disturbed or some other detriment or scandall is to ensue yea although he should command vnder paine of excommunication latae sententiae Nec est saith he ei obediendum si ex obedientia praesumeretur status Ecclesiae perturbandus vehementer vel aliud malum aut scandalum fut urum etiam si praeciperetur sub poena excommunicationis latae sent entiae Vt notat idem in cap. Si quando in cap. Panormit See â—elin in cap. Si quaÌ„do nu 4. in c. Accepimus Cum à Deo de rescrip And goeth forward Ex quo ipse in dicto cap. Si quando infert Quod si c. Whereupon he inferreth that if he the Pope command any thing vnder paine of excommunication ipso facto by execution whereof it is presumed there will be a scandall in the citie of soules or bodies he is not to be obeyed c. It followeth Imo ex cap. Officij de poenis remis habetur c. Yea it is euident that the positiue law interpreteth that restitution which is de iure diuino sometime is not to be made by reason of danger when it may happen to soules or bodies then it may be wel inferred that obedience in like case may be pernicious and so ought not to berendered Tolet. de 7. Pec. mort cap 15. The same writeth Cardinall Tolet citing these authors Nulli superiori praecipienti aliquid c. No superiour commanding any thing whereby scandall or any notable detriment of others do follow is to
in temporals wherein they ought by the law and ordinance of God to be no lesse obedient then to their Pastors and Prelates in spirituals It followeth now to know what authoritie it is the Pope pretendeth to haue whether Ecclesiasticall or ciuill to depose lawfull Kings and dispose of their temporals and absolue subiects of their bounden dutie and naturall allegiance Which question who so desireth to see it more at large he may reade D. Barclai de potestate Papae and M. Widdrington de iure Principum where it is most sufficiently and learnedly handled and before in this my treatise pag. 17 I haue briefly touched it whereto I adde in this place a word or two more for your better satisfaction Among such Catholickes as refuse to take the Oath of allegiance are many who thinke indeed the Pope to haue no power to depose Kings or dispose of their kingdoms howbeit either vpon pretended scruple of conscience or other humane respects are against the taking and takers of the Oath as if they were little better then Heathens or Publicans And some so simple and ignorant as beleeue that no Pope euer challenged or attempted such authoritie on any Kings or Emperors and that no Iesuit or other learned man allowed or euer taught such doctrine so odious it seemeth vnto them But the wiser sort and more learned know how it hath bene challenged and practised by Popes on the persons of Henrie Otho Fredericke Emperours Iohn King of Nauarre for neither heresie or apostasie and since on Henrie 8. and Queene Elizabeth as by censures do appeare And that it is the moderne doctrine of many both Canonists and Diuines in these latter ages which at the first teaching thereof being so farre dissonant from the writings and practise of all antiquitie was generally adiudged to be noua haeresis as Sigebert reporteth S. Iohn Chrysostome that great Doctor vpon that place of S. Paul 2. Cor. 1. Non dominamur fidei vestrae We ouerrule not your faith Sigebertus in Chro. ad an 1088. Chrysost lib. 2 de dig sacerd c. 3. attributeth such power as forcibly restraines offenders from their wickednesse of life vnto secular Iudges vnder whose dominion they are not vnto the Church because saith he neither is such power giuen vnto vs by the lawes with authoritie to restraine men from offences nor if such power were giuen vs could we haue wherewith we might exercise such power c. So in his time and long after such power of compelling offenders by temporall punishments to conuert to better life was vnheard of to be in Bishops of the Church Cardinall Bellarmine in the catalogue of his ancient writers which he produceth against Barclai for the Popes temporall authoritie ouer Princes beginneth with one who was iudge in his owne cause Gregorie the seuenth that began his reigne in the yeare of our Lord 1073. not able of like to proue it out of any more ancient Father or generall Councell That this Pope was the first that challenged or attempted to practise such authoritie Otho in chro l. 6. c. 35. witnesseth Otho Frisengen a most learned and holy Bishop and highly commended by the Cardinall himselfe lib. 4. de Rom. Pont. cap. 13. Lego saith he relego Romanorum Regum Imperatorum gesta nusquam inuenio quenquam eorum ante hunc à Rom. Pontifice excommunicatum vel regno priuatum c. I reade and reade ouer againe the acts of the Kings and Emperors of Rome and in no place can I find any of them before this to wit Henrie the fourth to be excommunicated or depriued of his kingdome by the Bishop of Rome vnlesse haply any take this for excommunication that Philip the first Christian Emperor who succeeded Gordianus for a short space Euseb hist Eccl. l. 6. c. 25. was by the Bishop of Rome or as Eusebius reporteth of the Bishop of that place where he then resided placed among publicke penitents and Theodosius sequestred by S. Ambrose from entrance into the Church for cruell murther Whereby we may note that this learned man could not find no not one example in all precedent ages of depriuing kings of their regal scepters though of excommunication he proposeth onely these two which may haue some shew of truth for meere excommunication howbeit more probable it is they were not excommunicated at all maiore excommunicatione Then this Author in the next chapter following Otho ibid. c. â—6 describeth the intestine warres destruction of soules and bodies setting vp of Pope against Pope schismes and other manifold lamentable miseries that ensued vpon that fact of Pope Gregory against Henrie the 4 who commanded the Bishops of Ments and Colen to constitute Rodolph Duke of Burgundie Emperor Spec. hist l. 27. and to put downe Henrie whereupon followed a most grieuous warre wherein Rodolphus was ouercome who dying repentant said The Apostolicall commandement and the intreatie of Princes haue made me a trangressor of my oath behold therefore my hand cut off or wounded wherewith I sware to my Lord Henrie not trecherously to practise any thing against his life nor his glorie Who being ouercome the Bishop of Ments by the Popes commandement and with helpe of Saxons raised an other aduersary against the Emperor one Hermannus Knoflock whereupon followed likewise bloudie warres After this Henrie gathering his armie together driueth the Pope into France and setteth vp the Bishop of Rauenna against him whom he named Clement and so caused a schisme This sparsim out of the history Such like calamities are more then probable to fall on people and the Church when Emperors or Kings are so violently proceeded withall assured destruction of many and no hope of the correction of any by such means is like to ensue Was such power trow ye giuen by Christ to his Apostles tending to destruction not to edification No all to edification according to S. Paul 2. Cor. 10. none to destruction Otho Frisengensis in another place of his workes Li. 1. de gestis Frederici c. 1. writing of the Popes excommunicating the Emperour sheweth that Henrie 4. thought it to be such a nouitie as he had neuer knowne the like sentence to be denounced against any Romane Emperor before He liued an 1150. And Sigebert in Chronico 1088. affirmeth the doctrine of Priests By euill kings he meaneth such as are deposed Cont. Barcl cap. 5. teaching that no subiection is to be yeelded to euill Kings and though they sweare fidelitie are not bound to performe it to be noua haeresis a new heresie sprung vp Howbeit Cardinall Bellarmine will tell you that such doctrine and practise began about the yeare of our Lord 700 for before that time there wanted as he affirmeth either necessitie or oportunitie to teach or vse such power By reason of like there were no hereticall Princes impugners of the true faith before that time or that the paucitie of Christian Kings to assist the weake forces
of the Church against her persecutors was such as there could be no hope to preuaile As if true faith and religion which is now beside the Indies restrained into a corner of Europe onely did not replenish before that time Europe Africke and Asia No there wanted not necessitie to practise such authoritie on Constantius Iulian Valens Valentinian and other like professed aduersaries of Christ and his Church nor oportunitie Christians being so many so potent replete with maruellous zeale and constant courage in defence of Gods truth to the losse of lands and life if they had knowne such power of deposing to haue bene in the Church and chiefe Pastors thereof and the Pastors knew well what their dutie was in that behalfe But where I pray you lay this power hidden for the space of 700 hundred yeares after Christ by the Cardinals confession suppose I should grant so much vnto him of disposing of temporals in ordine ad finem spiritualem no Scripture no tradition no ancient Father or generall Councell in all that time teaching it If he say there was where or how doth it appeare His Grace hath not yet neither in Tortus nor against our Kings Apologie nor in his last against Barclai produced any such cleare testimonie as may conuince Our Sauiour Christ himselfe refused to intermeddle in deuiding a temporall inheritance betweene two saying Quis me constituit iudicē aut diuisorē super vos Luc. 12. Who hath constituted me a iudge or a diuider ouer you disdaining as it were as Iansenius noteth that he should be troubled or drawne frō the celestiall businesse Iansen conc for which only he was sent by his Father to haue care of carnall and base things thereby also to teach such as are his that they ought not to intangle themselues in profane businesse that gouerne the Apostolicke office According to this is that of S. Paul Nemo militans Deo 2. Tim. 2. implicat se negotijs secularibus No man that is a souldier to God entangleth himselfe with secular businesse What more intangling what more secular then to intermeddle in deuiding and disposing of temporals Non est discipulus super magistrum The disciple is not aboue his maister Therefore his Vicar ought not in such wise to be iudge ouer Kings in things terrene when they are taught by our Sauiours example not to be hindered from celestiall affaires which onely do concerne them whose power is ouer sinnes of men not ouer their possessions In criminibus non in possessionibus potestas vestra Bern. lib. 1. de consid cap. 2. Againe S. Peter prince of the Apostles hauing receiued of Christ all power necessary for the gouernement of his Church which was to be deriued to his successors had not that power which is temporall but onely spirituall for in the Apostles times the Ecclesiasticall and ciuill were distinct and separate as the Cardinall confesseth lib. 5. de sum Pont. cap. 6. Which could not be but were conioyned if they had any such power yea indirectly If then Peter had no temporall power directly or indirectly giuen him by Christs institution who doubtlesse foresaw that it was necessary to be in him and his successours for the correction and direction of soules to their spirituall end it were absurd to say that succeeding Popes as they are Peters successors should haue more ample power then he or any of the Apostles had De Ro. Pont. li. 5. c 4. And the Cardinals argument which he maketh against the Canonists helpeth for confirmation of this matter in hand to wit Christ saith he as he was man while he liued on earth receiued not nor would haue any temporall dominion but the Pope is Christs Vicar and representeth Christ vnto vs such as he was while he liued here among men Therefore the Pope as Christs Vicar and so as Pope hath not any temporall dominion How then cometh it that Popes in these latter ages practise on exorbitant Princes deposition and disposing of temporals when they shall iudge it necessarie or expedient to a spirituall end hauing no commission no warrant of our Sauiour so to do Is it by temporall onely or spirituall onely or by both By their temporall power which reacheth no further thē the patrimony of the Church it is euident they cannot for so they are but equals not superiours to absolute Princes and Par in parem non habet imperium No neither haue they which is more being no Monarchs authority from Christ to put any man to death to banish or to depriue any priuate man of his goods Cost in Osiand propos 7. as Costeru◠a learned Iesuite and other good Authors do hold Nemo Pontifex sanguinis leges tulit hoc munu◠Imperatorum est qui varia◠poenas de haereticis scripserunt quos bonorum spoliatione infamia exilio morte imòigne puniri iusserunt c. No Pope hath made lawes of life and death this is the office of Emperours who haue written downe diuerse puniments for heretickes whom they haue cōmanded to be punished with losse of goods infamie exile death yea with fire c. He goeth on The Pope at Rome putteth no man to death he hath his secular Iudges who minister iustice by the lawes of Caesar To this agreeth Iacobus Almain De ratione potestatis laicae est poenā ciuilem posse infligere Almain de dom nat ciuili in vlt. edit Gersonis vt sunt mors exilium bonorum priuatio c. It belongeth to the secular power to inflict a ciuill punishment as are death banishment depriuing of temporall goods But the Ecclesiasticall power cannot by the institution of God inflict any such paine no not imprison any as many Doctors hold but it reacheth onely to spirituall punishment that is to excommunication and the other punishments which he vseth ex iure purè positiuo sunt are onely by a positiue law Who in another place hath thus Alm. de pot Eccles laic c. 13. q. 1. c. 9. Christus secundum humanitatem c. Christ according to his humanity had greater power then the Pope hath as to institute the Euangelicall law neither had he his power limited to sacraments for he could pardō without application of sacraments his Vicar hath not such but onely that which is declared in his Vicarship for he gaue him power to remit sinnes to preach to giue indulgences c but it is no where found that he gaue him power to institute and depose Kings therefore by any power giuen him from Christ note well he hath not soueraigne power of iurisdiction in temporals This he With these may be ranked Ioannes Maior Maior in 4. dist 24. q. 3. Maximus Pontifex no◠habet dominium temporale super Reges c. The chiefe Bishop hath not temporall dominion ouer Kings For the contrary being granted saith he it followeth that Kings are his vassals and that he may expell them de facto out
alone but for the n = * O igen In hunc loc ho. 1 Aug tract vlt. in Ioan. l. 1. d◠doct Chr. c. 18. Coster in O. siand c. 4. Church signifying power to be giuen to bind and loose to admit the worthy to the kingdome of heauen and to exclude the vnworthie can any other power be vnderstood then meerely spirituall most certainely there cannot For aske when this promise of our Sauiour was performed No man I thinke will denie but then Christ gaue these keyes when after his resurrection he vsed this ceremonie of breathing on his eleuen Apostles giuing them all like power to forgiue or reteine sinnes by these words Quorum remiseritis peccata c. Whose sinnes you shall forgiue Ioan. 20. they are forgiuen them and whose you shall reteine they are reteined By which words the Fathers often say that the keyes were giuen to all the Apostles If any man so build on that which Christ said to Peter Quodcunque ligaueris super terram c. Whatsoeuer thou shalt bind vpon earth Math. 16. it shal be bound also in the heauens and whatsoeuer thou shalt loose in earth it shall be loosed also in the heauens that Peter and his successors haue power to set vp and plucke downe Kings then must it of necessitie follow See Iansenius Concor c. 72. that the rest of the Apostles had the same because he vsed the like phrase to them also Quaecunque alligaueritis c. Whatsoeuer ye shall bind vpon earth shall be bound in heauen c. And so consequently all Bishops who are appointed gouernours likewise of the Church of God Act. 20. as Saint Paul saith Attendite c. Take heed to your selues and to the whole flock wherin the holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased with his owne blood may dethrone Kings if they iudge it expedient which is not to be granted This former interpretatiō of anciēt diuines seemes more agreeable to Christs words as Iansenius noteth to vnderstand by these keyes power to bind and loose because with these two powers as with two keyes the kingdom of heauē is opened to the truly penitēt with the other it is shut against the vnworthy impenitēt sinner then is the interpretatiō of later Diuines who say that Christ meant of the keyes of knowledge of discerning inter leprā lepram who is worthy to be absolued who vnworthie and of power to bind loose Howsoeuer they are to be vnderstood yet therby cannot be gathered power to depose or dispose of temporals Theophylact vpon this place hath thus Claues autē intelligas quaeligant soluunt hoc est delictorū vel indulgentias vel poenas Theoph. in 16. Math. c. And vnderstand keyes which bind and loose that is either pardons or punishments of sinnes For they haue power to remit and to bind who haue attained to the grace of Episcopacie as Peter hath Which power he affirmeth was granted to all the Apostles Quamuis autem soli Petro dictum sit Dabo tibi c. And although saith he it be spoken to Peter alone I will giue thee yet the keyes are granted to all the Apostles When When he said Cap. firmiter de summa Trinit fide Cath. c loquitur 24. q. 1 Vict. de clauibus nu 4. Rabanus Whose sinnes ye remit they are remitted For when he said dabo he signified a time to come to wit after his resurrection So Theophylact. If they were giuen to Peter doth it not follow that the Apostles receiued them of Peter But Victoria teacheth that they receiued them of Christ not of Peter Rabanus likewise Albeit this power of binding and loosing seeme to be giuen onely to Peter yet it is also giuen to the rest of the Apostles and is now likewise to all the Church in Bishops and Priests But therefore Peter specially receiued the keyes of the kingdome of heauen and the principalitie of iudiciarie power that all beleeuers through the world may vnderstand that whosoeuer do separate themselues in any sort from the vnitie of his faith and societie that such can neither be absolued from the bonds of sins nor enter into the gate of the kingdome of heauen This he But let it be granted according to the sentēce of many anciēt Fathers that Christ speaking specially to Peter gaue him more ample power then he gaue to the rest of the Apostles yet all was but spirituall as the words import and to a spirituall end in aedificationem non in destructionem to edification not to destruction not tending to deposition or depriuation of the temporall goods of any within his gouernment but to excommunication or separation of certaine obstinate offenders from the common goods of the Church militant and so consequently from the ioyes of the Church triumphant And let it be that Peter receiued the keyes of our Sauior when he said vnto him Pasce oues meas Feed my sheep all was but spirituall Ioan. 21. for the same power is required to feed the flocke of Christ that is to open or shut the kingdome of heauen Vict de clau nu 4. And then was he instituted the Vicar of Christ on earth by whose institution and as he is Bishop or Pastor of the whole Church Card. Bellar. de Ro. Pont. l. 5. c. 10. the most illustrous Card. confesseth that he receiued not power to ouerrule dommari but pascere to feed Which kind of secular domination was forbidden the Apostles and ministration commanded as Saint Bernard saith Bern. de consid l. 2 c. 5. L. 4. c. 4. de consid Who in an other place explicateth what it is to feed Euangelizare pascere est Opus fac euangelistae pastorum opus implesti To euangelize is to feed Do the worke of an Euangelist and thou hast fulfilled the worke of Pastors But some are forced to say that excommunication of the Pope necessarily worketh this temporall effect of deposition for that they know not otherwise how his Holinesse can attaine to such power If this were so then what Bishop soeuer do excommunicate any within his diocesse doth also depose and depriue them of their temporals for what the Pope is in the vniuersall Church such is a Bishop in the particular L. 5. de sum Pont. c. 3. as Cardinall Bellarmine once held though lately in his Recognitions he retracteth it after this manner Whereas I said that a Bishop was the same in a particular Church as the Pope is in the vniuersall it is thus to be taken that as the Pope is the true Pastor and Prince of the Church vniuersall so is a Bishop a true Pastor and Prince of a particular Church not a Vicar or administrator for a certaine time c. Which yet serueth well for our purpose in hand for if a Bishop a spiritual Prince of a particular church cannot by vertue of
his spirit may be saued in the day of our Lord. 1. Cor. 5. Disciplina est enim excommunicatio non eradicatio Now what can here be gathered by the definition end effects or substance of this spirituall censure for deposing Kings and disposing of temporals Marry sir that subiects are bound obeying the chiefe Pastors censure to shun their Prince excommunicated performing no dutie vnto him nor in any sort to communicate with him for an excommunicate person by name ought of all to be auoided to whom os orare vale communio mensa negatur And then when all forsake him is he not in effect deposed Yes truly when all his subiects do forsake him and he left alone Sed quando haec eruâ—â— Is a King more like to be forsaken then a paterfamilias a priuate man Almaine saith indeede Alm. de pot Eccl. laicâ— q. 1. cap. 9. that the Pope may forbid the subiects of a Prince vnder paine of excommunication to performe any dutie vnto him whereby in effect he loseth his kingdome when no man doth regard him yet cannot depose him though he abuse his authoritie to the destruction of the Christian faith But if a generall defection of subiects follow not if according to their dutie they adhere faithfully vnto him without regard to his censure how then What his Holinesse may do in this case of excommunication with absolute Princes being sheepe of Christs fold to be directed and corrected with that spirituall rod when there is hope of amendment as well as priuate men I will not dispute but experience of former ages teacheth it is not expedient See S. Aug. lib 3. c. 2. cont ep Parm. c. 26. and that such practise breedeth oft schismes reuolts troubles and tendeth rather to destruction of many then to edification of any when as S. Paul professeth power to be giuen to the Church to edifie not to destroy And when this power is exercised in destructionem it is not that power which cometh from God but impotencie and defect This we may be said to do that we may lawfully do Which power Doctor Sanders calleth the sword of the Church and sheweth how it should be vsed Sand. de clau Dauid c. 9. Gladius Ecclesiae in aedificationem datus est c. The sword of the Church is giuen to edification not to destruction to conferre life not to inferre death for defence of the flocke not for hurt of the sheepe to driue away the Wolfe not to deuoure the lambe This sword being spirituall and is to worke vpon soules not bodies or goods of any may be drawne foorth I must coÌ„fesse by the supreme Pastor against exorbitant Princes whose superior he ought to be acknowledged but onely in spirituals when there is hope to saue not to destroy to do good no harme and rather to make a wolfe a lambe then cause a lambe to become a wolfe ready to deuoure the flocke as sometimes such censures haue done which lameÌ„table experience on the persons of many Princes can testifie whereupon they proceeded further haply in rigor with their subiects then otherwise they would haue done and not so much for excommunication onely as for the clauses of depriuation deposition and absolution of subiects from their dutifull obedience which are farre from the nature and substance of a spirituall censure and exceedeth the limited of that power as very learned Catholike Authors go about to proue Excommunicatio saith Ludouicus Richeom non nisi excommunicatum facere potest Richeom in apolog eáque fulminatur in Principes c. Excommunication cannot cause one to be but excommunicated and it is thundred out against Princes not that they may become tyrants nor remoued from their possessions nor to slacken the raines vnto subiects or that they may be freed from their sworne fidelitie To this agreeth Medina Excommunicato non est priuatio alicuius boni proprij Medina in 1.2 q. 96. ar 4. citans Sotum quod transgressor legis prius possederat sed est priuatio bonorum communium c. Excommunication is not a taking away of any proper good which the transgressor of the law before had possessed but it is a depriuing of the common goods which he was to receiue of the Church as spirituall communion and receiuing sacraments By which doctrine is plaine that none poore or rich subiect or Prince may by vertue of excommunication meerely be dispossessed of any temporall goods whatsoeuer If they could then woe to all Christians in this respect that liue in such times as Bishops and Popes are not saints Any man excommunicated vpon repeÌ„tance may returne to grace be receiued of the Church and may recouer those spirituall goods he had lost as prayers suffrages and sacraments of the Church c. But if temporals especially kingdomes be once lost and confiscate what hope of recouery Wil it not be too late to cry Peccaui So then that punishment which God hath ordained for the good of soules would be most like to turne to the destruction of bodies soules and goods for euer if excommunication could worke such effect and were not as it ought to be medicinalis but exitialis which is not to be granted Moreouer if ye looke backe to ancient Canons of generall Councels yea to the Canons of the Apostles you shall see for the same or like crimes punishments to be inflicted on offendors but deposition inflicted on Clercks and on Laicks excommunication or depriuing onely of sacraments and communion making this distinction Si Clericus sit deponitor si Laicus à communione eijcitor Insinuating thereby as may seeme that the Church hath superioritie directly ouer Clerks to deposition or degradation of persons not so ouer the persons of Laicks further then to the censure of excommunication and therefore not ouer kingdomes and Kings who acknowledge no superiour on earth in temporals But I pray you if the Popes Holines vpon cause of heresie do excommunicate a Prince or priuate man and all that shall communicate with him or obey him is he not then to be auoided and forsaken of his subiects and inferiours or others whosoeuer He that denieth this seemeth to deny the Popes spirituall authority of binding that of S. Paul Haereticum hominem post primam secundam correptionem denita Tit. 3. A man that is an hereticke after the first and second admonition auoide What is this to our Oath Is there any such clause for heresie in it Are we to adde vnto it by our idle inuentions or are we vrged to take it otherwise then the words import simply as they lye framed by act of Parliament But these and such like fond verball obiections are the cauilling shifts of such as know not how to giue better answers to the substantiall points of the Oath and perswade some to the losse of their liues and others of their lands and goods to their vtter ruine if iustice without mercy be executed that it cannot be
glorie of God obstinately refuse to performe their dutie in obeying that precept of our Sauiour Render vnto Caesar that which is Caesars and that of S. Peter Regem honorificate and also the commandement giuen to Moyses Honour thy father and thy mother These assure you are they who giue cause of scandal indeed wherby their persecution if so they please to cal it is continued the Church perturbed Catholicke religion little regarded and many a soule lost But Vaeilli per quem scandalum venit Woe to him by whom scandall cometh Time will make triall who it is whether they or we In the meane while we say that the proper and true definition of scandall as it is defined by S. Thomas and others most aptly agreeth with the doctrine and example or words and deedes of such English subiects as withdraw men from performing their dutie to their dread Soueraigne not on such as perswade it and yet remaine no lesse Catholicke then they do pretend in euery point of faith Scandall is a word or deed not right Definition of scandall Tho. 2.2 q. 43. ar 1. Ieron in comment super Math. c. 15. giuing occasion of ruine that is of spirituall ruine or sinne Now what euill or shew of euill or sin is there in those who by their deedes and words example and doctrine teach and labour to induce all to do that which is right and due by the law of God What scandall or offence or occasion of sinne do they giue who perswade nothing against any one article or point of faith but meere allegiance to their Prince Doth this offend or scandalize any If they will be scandalized for well doing and take offence where none is giuen do they not shew how imperfect they are in the loue of God Pax multa diligentibus legem tuam non est illis scandalum Psal 118. To such as loue thy law ô God there is great peace and to them there is no scandall May not these be well likened to the Pharisies that of enuie and malice were offended or scandalized at the sayings and doings of our Blessed Sauiour who being told by his disciples of their scandall taken answered Omnis plantatio quam non plantauit Pater meus coelestis eradicabitur Math. 15. All planting which my heauenly Father hath not planted shall be rooted vp Let them alone blind they are guides of the blind And if the blind be guide to the blind both fall into the ditch Such are to be pitied and praied for not enuied whom we may answer in the same sort and with Haimo Haimo in Math c. 18. Greg ho. 7. in Sipro veritate scandalum oriatur magis veritas eligenda est quà m scandalum vitandum If for truth scandall do arise as it doth in this our case rather truth is to be chosen then scandall sought to be auoided The same affirmeth S. Gregorie the Great Ezech. pag. 2. as before pag. 45. And S. Thomas disputing whether spirituall goods are to be pretermitted for passiue scandall Tho. 2.2 q. 43. ar 7. saith That such goods as are de necessitate salutis ought not to be omitted for auoiding scandall because they cannot be pretermitted without mortall sinne as in our iudgements we take allegiance in the Oath to be but it is manifest saith he that none ought to sinne mortally to saue an other from sinne because according to the order of charitie a man ought to loue more his owne spirituall health then another mans The same likewise hath Ioannes de Burgo Pupil oculi Opera necessaria ad salutem non sunt omittenda ad vitandum scandalum proximi ex quacunqueradice procedat Workes necessarie to saluation are not to be omitted for auoiding the scandall of our neighbour out of whatsoeuer roote it proceedeth Herby deare brethren in our Lord Iesus I trust you rest satisfied that such as haue taken the Oath of allegiance wherein nothing hath bene hitherto proued by any learned man to be contained against any one point of faith haue not giuen cause of scandall as they haue bin slandered to haue done but by that their fact performing their bounden dutie to their dread Soueraigne according to the law of God haue sought to take away that horrible scandall giuen indeed by a few vngracious Catholikes in the gunpowder treason and which others daily giue to his Maiestie and the State in resisting the law made vpon so great reason and for the commō good of the realme Besides I trust your wisdomes will consider that to take the Oath being bonum spirituale wherein no euill thing against religion is contained they are not to pretermit it for the imperfections of some who are readie to suffer or take scandall where none is giuen Wherefore I exhort you all most dearely beloued Catholikes in the bowels of our Sauiour Iesus Christ as the very Reuerend and learned maister George Blackwell sometime our Archpriest did in his letter to his Assistants and you all both Clergie and Laitie for abolishing and ending this controuersie which hath scandalized the whole State you wold desist to impugne supreme authoritie in this case of the Oath most lawfull and iust as hath bene proued and ceasse any longer to prouoke to wrath his Maiesty our most clement Prince clement I say for I dare boldly auouch that neither the Pope nor any King or Prince in Christendome had he had the like cause offered by any his subiects especially of a contrarie religion and finding others of the same religion to refuse to make profession of their loyalty by an Oath required at their hands would shew such mercy and clemencie as his Maiestie hath done and doth Conferre the fact or enterprise of the Moores in Spaine now two years agone who wēt about as report goeth treacherously to bring in Turkes and forreiners to inuade the countrey with this Catesbeyan and Percian most barbarous treason and I doubt not but you will iudge them both worthy condigne punishment Compare againe the two Princes who by Gods ordinance carie the sword ad vindictam malefactorum to take reuenge on malefactours you shall find them both iustly prouoked to indignation against the delinquents yet the one viz. King Philip with great seueritie chastiseth the innocent with the nocent old yong men women and children expelling all alike out of his dominiōs to the number of nine hundred thousand as appeareth by his edict within the space of xxx dayes to the losse of all their immoueables Whereas the other our dread Soueraigne of his pitifull inclination did not punish in such sort the guiltles nor all the offendours according to their deserts but repressed by his edict the furie of his people readie to haue taken reuenge yea on many innocent persons for their sakes that had offended Embrace then deare brethren the mercie and long sufferance of this our milde and clement Prince whilest time is granted you lest through your default it be turned
most credite and is truest were greatly wished might be made knowne to the parties whom it concerneth otherwise how can they tell what to do in this important businesse and what is required at their hands to retaine still or recouer their faculties being once lost How shall they obey if they know not what is commanded them 1. Cor. 14. Etenim si incertam vocem det tuba saith Saint Paul quis parabit se ad bellum For if the trumpet giue an vncertaine voice who shall prepare himselfe to battell Therfore it is most requisite that such as haue bin in possession of their faculties granted theÌ„ by authority of the Sea of Rome some 20. some 30. yeares agone and some more should know how and by whom they are taken from them and for what cause which ought to be for so the great fault because the paine is most grieuous should see moreouer not onely an authenticall copie of the originall letters but also the originals themselues if the Churches orderly proceedings be obserued otherwise all may be thought idle reports not to be beleeued Tho. 3. p. q. 19. ar 6. For Saint Thomas saith That when the Church depriueth heretickes and schismatickes and other such like withdrawing subiects from them either simpliciter or quantum ad aliquid simply or touching some particular thing they cannot put in practise or haue vse of the keyes touching that which they are depriued of Then I say it is verie necessarie that Priests not heretickes nor schismatickes or such like but most constant in euerie least article of the Romane faith should know whether they be forbidden simply all or else but some particular faculties receiued at their mission whereby they may in all humilitie shew themselues obedient to his Holinesse in surceasing from exercising what they shall perceiue to be by him forbidden them Now whereas the first report of the manner of taking away faculties is That Priests constantly persisting in teaching the lawfulnesse of the Oath had lost their faculties were disabled to absolue their penitents from deadly sin by vertue of the Archpriests admonitioÌ„ I wish the discreet reader not to giue credite thereto because doubt may well be made thereof seeing diuerse learned Priests yea such as haue not taken the Oath haue iudged otherwise viz That they were not lost and amongst the rest an Assistant esteemed of many to be one of the grauest and best iudgement in such cases Which will also most perspicuously appeare to him that shall with iudgement reade the Admonition and duly consider the Archpriests act and proceeding therein whether it be as it ought to be in euery respect conformable to that of the Popes Breues authorising him which was as followeth Ex Breui sum Pont. TibÃque iniungimus mandamus ac specialem facultatem ad hoc tribuimus vt authoritate nostr a omnes singulos Sacerdotes Anglos qui quoddam iur amentum in quo multa continentur quae fidei atque saluti animarum aperte aduersantur praestiterunt vel ad loca ad quae haeretici ad eorum superstitiosa ministeria peragenda conuenire solent consultò accesserunt aut qui talia licitè fieri posse docuerunt docent admonere cures vt ab huiusmodi erroribus resipiscant abstineant quod si intra tempus extraiudicialiter tamen arbitrio tuo illis praefigendum hoc facere distulerint seu aliquis illorum distulerit illos seu illum facult atibus priuilegys omnihus ab Apostolica sede seu illius authoritate à quocunque â—lio illis vel cuiuis illorum concessis eadem authoritate priues ac priuatos esse declares c. Datum Romae apud S. Petrum sub annulo piscatoris die 1. February 1608. Pontificatus nostri anno 3. And we enioyne and command you and for this we giue you speciall facultie that by our authoritie you take care to admonish all and singular English Priests who haue taken a certaine Oath wherein many things are contained which are manifestly against faith and the health of soules c. or haue taught and do teach such things may lawfully be done that they may repent and abstaine from such errors and if within the time extraiudicialiter notwithstanding by you to be prefixed vnto them they shal deferre to do this or any one shall deferre that you by the same authoritie deptiue and declare them or him to be depriued of all faculties and priuiledges granted them or any of them from the Sea Apostolicke or by her authority from any other whatsoeuer Dated at Rome the first of Frebruary 1608. This much out of the Popes Breue to the reuerend Archpriest M. Birket touching his facultie or commission giuen him first to admonish then after the time prefixed was expired no satisfaction being giuen of repenting or abstaining to depriue such and declare them depriued of their faculties Whereupon the Archpriest indeed sent a letter of admonition to the Priests then of and in the Clinke endorced To all the reuerend Secular Priests of England Which was as followeth Most dearely beloued brethren The Archpriests letter to the Priests of the Clinke whereas I haue alwayes desired to liue without molesting or offending others it cannot be but a wonderfull corsiue sorrow and griefe vnto me that against mine owne inclination I am forced as you haue seene by the Breue it selfe to prescribe a certaine time for such as do find themselues to haue bene contrarie to the points which are touched in the said Breue concerning the Oath and going to Church that they may thereby returne and conforme themselues to the doctrine declared by his Holinesse both in this and the other former Breues And therefore now by this present do giue notice vnto you all that the time which I prefixe and prescribe for that purpose is the space of two moneths next ensuing after the knowledge of this my admonition Within which time such as shall forbeare to take or allow any more the Oath or going to Church I shall most willingly accept their doing therein yet signifying vnto you withall that such as do not within this time prescribed giue this satisfaction I must though much against my will for fulfilling his Holinesse commandement depriue them and denounce them to be depriued of all their faculties and priuiledges granted by the Sea Apostolicke or by any other by authoritie thereof vnto them or to any of them and so by this present do denounce hoping that there is no man will be so wilfull or disobedient to his Holinesse order but will conforme himselfe as becometh an obedient child of the Catholicke Church And so most heartily wishing this conformitie in vs all and that we may liue and labour together vnanimes in domo Domini I pray God guie vs the grace to effect that in our actions whereunto we are by our order and profession obliged This 2. of May 1608. Your seruant in Christ George Birket Archpriest
Oath as In any case whatsoeuer Neither is the Popes spirituall authoritie limited or once touched therein as by his Maiesties intention sufficiently made knowne vnto vs doth manifestly appeare And Caietan teacheth that in such like case if the intention of the man that commandeth may be knowne Caietan ver praecepti trangressio it is inough because the force of the precept dependeth of the intention of him that commandeth Now to end this matter I wish you to note the fraude of that Catholicke letter writer for to haue set downe in plaine termes that his Holinesse may depose his Maiestie dispose his kingdomes to whom he list licence subiects to raise tumults take armes against him or murther him and such like he knew would sound to good subiects most odious therefore he thought it to be a point of policie not to deale plainely but leaue the Reader perplexed with this obscuritie What his Holinesse cannot do towards his Maiestie in any case whatsoeuer Whose bare assertion without proofe or truth can in reason conuince none but such as want their common sense Now that it hath bene proued nothing to be contained in the Oath against the law of God nor decrees of any generall Councell and that his Maiestie in making this law and requiting of his subiects the performance thereof according to his intention which is but iust and good hath not gone beyond his bounds will any yet be so wilfully blind as not to see that by the immaculate law of God he is bound in conscience to render to Caesar that is Caesars to be obedient to higher powers as well the ciuill in temporals as the Ecclesiasticall power in spirituals Saint Peter prince of the Apostles taught this doctrine to the Christians of the primitiue Church that they should submit themselues and be obedient to secular Princes and Magistrates though they were heathens 1. Pet. 2. Subiecti igitur estote omni humanae creaturae propter Deum siue Regiquasi praecellenti siue Ducibus tamquam ab eo missis c. Be subiect therefore to euery humane creature for God whether it be to the King as excelling or to rulers as sent by him to the reuenge of malefactors but to the praise of the good for so is the will of God that doing wel you may make the ignorance of vnwise men to be dum And a little after exhorting thē to feare God his next lesson is to honor the King Deum timete Regem honorificate How I pray you is a King honoured when his iust precept is neglected or contemned Some haply without consideration both ignorantly vnwisely wil grant that Catholick kings are to be honoured and obeyed but doubt may be made of such as by the Church are reputed or rather condemned heretikes and aduersaries to the Catholicke faith I aske these if there be any so simple whether Emperours Kings and Princes to whom the Apostles preached this subiection and obedience were not aduersaries yea and persecutors of the Catholicke faith and continued such the space of more then three hundred yeares howbeit the Christians of those dayes instructed both by the doctrine and example of the Apostles in all dutifull humilitie did not giue freely but rendred to Caesar his due how peruerse soeuer their Gouernours were Which lesson Saint Peter their chiefe Pastor immediatly after in the same chapter had taught them Serui subditi estote in omni timore dominis non tantum bonis modestis sedetiam dyscolis Seruants be subiect in all feare to your maisters not onely to the good and modest but also to the wayward Ephes 6. Colos 3. This dutifull subiection likewise teacheth Saint Paul Serui obedite Dominis carnalibus cum timore tremore in simplicitate cordis vestri sicut Christo Seruants be obedient to your Lords according to the flesh with feare and trembling in the simplicitie of your heart as to Christ not seruing to the eye as it were pleasing men but as the seruants of Christ doing the will of God from the heart with a good will seruing as to our Lord and not to men If seruants then commanded by the Apostle were bound to serue and obey their temporall Lords and maisters with such care and diligence were they neuer so froward and wicked Pagans for such no doubt many Christians did serue who by their examples threats or enticements might hazard to withdraw them from the true worship of God are not subjects now by the same law as well bound to be obedient to lawfull Kings and Princes be they neuer so wicked in manners or opposite to faith and Christian religion as heretikes and apostates are Were they not Pagan Princes and Potestates whom Saint Paul willed Titus to admonish Christians to obey at a word Admone illos saith he Principibus Potestatibus subditos esse dicto obedire Admonish them to be subiect to Princes and Potestates to obey at a word S. Ambrose Vpon which place Saint Ambrose Admonish as if he should say Although thou hast spirituall gouernment ouer spirituall matters yet admonish them to whom thou preachest to be subiect to Kings and Princes because Christian religion depriueth none of his right The same holy Father and also Saint Augustine write of the prompt obedience of Christians to Iulian the Apostata which may be a verie good example for Catholickes of these latter times to shew like obedience if they light on like Princes saying Iulianus extitit infidelis Imperator Aug. in Psal 124. Super illud Non relinquet Domi nus virgam Habetur 11. q. 3. c. Iulian. nonne extitit Apostata iniquus idololatra c. Iulian was an infidell Emperour was he not an Apostata wicked an idolater Christian souldiers serued an infidell Emperour When they came to the cause of Christ they acknowledged not but him that was in heauen When he willed them to worship Idols to sacrifise they preferred God before him But when he said Bring foorth your armie go against that people they obeyed incontinently The distinguished the eternall Lord from a temporall Lord and yet for the eternall Lord they were subiect also to the temporall Lord. Hereby is euident that Iulian had right to command Christian souldiers in temporals and they shewed all prompt obedience knowing that their religion taught no iniustice that notwithstanding his Apostacie he being lawfully called to the Empire they were not nor could be absolued of their loyaltie and ciuill obedience towards him Was so notorious an Apostata to be of dutie obeyed and not a king who cannot be iudged an hereticke because he doth not pertinaciter defend any opinion against the Church of Christ but royally promiseth to forsake the religion he professeth if any point or head thereof belonging to faith can be proued not to be ancient catholicke and Apostolicke Here Cardinall Bellarmine will answer That the Church in her nouitie or beginning wanted forces forsooth after three yea foure hundred
yeares from her beginning to depose Iulian Constantius Valens and other hereticall Princes and therefore permitted Christians to obey them in temporals Saint Cyprian saith that in his time the number of Christians were verie great Cypr. in Demetrianum Tertul. in Apologet. And Tertullian writeth thus Were we disposed not to practise secret reuenge but to professe open hostilitie should we want number of men or force of armes Are the Moores or the Parthians or any one nation whatsoeuer more in number then we that are spread ouer all the world We are not of you and yet we haue filled all the places and roomes which you haue Your Cities Ilands Castles Townes Assemblies your Tents Tribes and Wards yea the Imperiall Pallace Senate and seate of judgement Euseb l. 3. de rita Constan Niceph. l. 5. c. 25. c. Eusebius likewise and Nicephorus report That the whole world as it were vnder Constantius was Christian and the greater part Catholicke How then is it true that the Church in her nouitie wanted forces And therefore she permitted Christians to obey their Princes in temporals saith the Cardinall Euen so permitted as father Parsons in his letter to the Catholickes of England against the Oath of allegiance affirmeth that Pope Clement by a Breue had permitted ciuill obedience to our King and recommended to all Catholickes soone after his Highnesse entrance vnto the Crowne As if ciuill obedience had not bene otherwise due but by his Holinesse permission Who would haue thought such an imprudent and strange kind of phrase could haue so escaped his pen But it seemeth he had learned the same out of Cardinall Bellarmines writings and so presumed it would passe as current without controlement And may not the world maruell be it spoken with due reuerence to his great dignitie which I haue euer and in heart still do honour that a man so excellently learned will teach that Christian subiects vnlesse they be permitted by the Church are not bound to render obedience to their lawfull Kings and Princes if they become heretickes or aduersaries to true religion and persecutors Princes infidels lose no right but are the true and supreme Princes of their kingdomes as he himselfe teacheth Lib. 5. de Ro. Pont. c. 2. for dominion is not founded either in grace or in faith so as the Pope hath no authoritie to meddle with them Marry if these become Christians and after fall to heresie what then In that case saith he Potest regna mutare vni auferre Cap. 6. alteri conferre He may change kingdomes and take from one and giue to another saith he Then is their condition worse as touching temporall possessions then it was when they were infidels worse then the conditiō of the basest of their subiects But Christian religion depriueth no man of his right who had right in infidelitie cannot lose the same by receiuing the grace and faith of Christ which is agreeable to the doctrine of the Cardinall howsoeuer he seemeth sometime to teach contrary to himselfe Bellar. lib. 5. de Ro. Pont. c. 3. Christ did not saith he nor doth take kingdomes from them to whom they belong for Christ came not to destroy those things which were well setled but to establish them And therefore when a King becometh a Christian he doth not lose his earthly kingdome which by right he held but purchaseth a new interest to an euerlasting kingdome otherwise the benefites receiued by Christ should be hurtfull to Kings and grace should destroy nature If Christian Kings lawfully attaining to their dominions by right of nature enioy the same as cannot be denied and so are to be obeyed why not also if they happen to fall backe into heresie or infidelitie their right not being founded in grace or in faith To say that such Princes or magistrates are not to be obeyed cometh neare the heresie charged vpon Wickliffe and condemned in the Councel of Constance and is repugnant to the doctrine of the holy Ghost in sacred Scriptures and practise of all blessed Saints and Martyrs who most promptly without any permission of the Pope or Church obeyed Pagan Princes vnder whom they were subiect in all ciuill causes onely in defence of faith and Gods truth made choice rather to shed their bloud then by obeying Caesar to disobey God And where such a permission was euer granted as to obey Iulian or other hereticall Emperour cannot be found in any generall Councell or ancient Fathers writings before the dayes of S. Thomas of Aquine 2.2 q. 12.2.2 of whom the Cardinall learned his doctrine of permission to obey till such time as they had forces to depriue them of their Empire Consider I pray you that S. Paul hauing receiued his doctrine immediatly from heauen writing to the Christians in Rome permitted not for a time but strictly commanded them euer to obey higher powers Rom. 13. Sap. 6. Omnis anima potestatibus sublimioribus subdita sit Let euery soule be subiect to higher powers Was this meant trow ye for onely higher powers Christians or heathen onely for a time No but for all sorts of rulers and as long as there be superiors and inferiors The holy Apostle in this and other his Epistles often inculcateth this necessary vertue of obedience diligently exhorting and commanding as well subiects to be obedient to their Princes as seruants to their masters and all inferiors to their superiors And were not these maisters and higher powers for the most part Pagans Were they not enemies to Christian religion whom they were taught to obey Was any sort of inferiors exempted from obeying S. Iohn Chrysostome will put you out of doubt that such subiection is commanded to all sorts Priests Monkes Chrysost in cap. 13. Rom. hom 23. August in lib. expositionis quorundam propos ex epist ad Rom. and secular men as the Apostle himselfe declareth in the verie beginning Omnis anima potestatibus sublimioribus subdita sit etiam si Apostolus sis si Euangelista si Propheta siue quisquis tandem fueris neque enim pietatem subuertit ista subiectio Let euery soule be subiect to higher powers yea if thou art an Apostle if an Euangelist if a Prophet or finally whosoeuer thou art Marke well For this subiection subuerteth not pietie or religion And he specially noteth that S. Paul saith not simply Obediat but subdita sit And why because power is of God Non est enim potestas nisi à Deo For there is no power but of God Quid dicis saith this holy Father to S. Paul Omnis ergo Princeps à Deo constitutus est Istud inquit non dico Neque enim de quouis Principum sermo mihi nunc est sed de ipsa re What saist thou O Paul is then euery Prince constituted of God This saith he I say not For neither of euery Prince do I now speake but of the thing it selfe that is of power And the Apostle