power because as I haue saied the Communitie at first had authoritie to choose which gouernement in particuler it thought most conuenient is not to be ascribed immediatly to God D. Tho. 1.2 qu. 90. a. 3â— and. qu. 105. a. 1 ad 1. a second cause being found out sufficient to produce such an effect And so the Kings authoritie in particuler and taken determinatlie is not immediately of God or Nature but cometh to him by meantes not only of the peoples designation but also of the peoples gift and donation D. Th. 1.2 q. 105 ar 1. ad 1. and 2.2 q. 10. art 10. Caieta ib. Bellarm to 1. lib. 3. cap. 9. Suarez l. 3. de leg c. 4. Almai li. de potest eccl cap. 1. Prou. 8. Rom. 13. And this opinion is holden by the best Diuines both auncieÌ„t and moderne But this not withstanding it is most true which God saith Per me Reges regnant Kings raigne by me To which his Apostle subscribeth sayeing Non est potestas nisi à Deo itaque qui potestati resistit Dei ordinationi resistit There is no power but of God therfore he that resisteth the power restisteth the ordinance of God because Kinges authoritie proceedeth mediatelie from God to wit by meanes of the authoritie of the Communitie which proceedeth immediatelie from God and Nature and it is also Gods prouidence that Kinges raigne ouer vs and God as the first cause cooperateth to their election and creation and approoueth also the same But yet for all this the people is a second cause of Kinges authoritie 13. If any obiect that Saul and Dauid were immediately created by God Kinges of the Iewes I answere that God in this preuented the people for the peoples good for otherwise the Iewes by lawe of Nature had authority to choose and create them selues a King as is already prooued Neither doth it hence follow that the people is aboue the King or is not bound to obey the King or can depose the King at their pleasure for although the people at the first created the King yet they created him not as a simple Magistrate or officer but as an Absolute Prince and they dispoiled them selues of authoritie to giue it to the King as to one that can better rule then the confused multitude and became as it were 〈◊〉 priuate personne subiect not superiour â—o to King and so the Kinges power now 〈◊〉 so long at least as he is not an intolleâ—able Tyrant is not depending of the people â—nd no meruaile because many effectes which depend of their causes in fieri and in â—heir first production depend not of them â—n facto esse and conseruation So the Sonne â—â—ueth after his Father and fruite may be extant after the tree is consumed and we giue many thinges franckly and freelie which afterwards we can not at our pleasure â—ake away VVherfore as a freeman selleth â—im self freely but after the sale is so bound to his Maister that he can not free him self at his pleasure but remaineth will he nill he a subiect and bondman who before was a freeman so the people before the election of their King is free superiour but after is a bounden subiect and inferiour though by a Ciuil not despoticall subiectioÌ„ And so supposing this election the people is bound in conscience to obey their King as superiour and cannot now depose him vnles it be in case of intollerable Tyrannie for then the common opinion holdeth D. Thom. Opus 20. de Regi Princ. cap. 1. Sotus l. 4 de Iust Iure q. 1. a. 3. q. 4. a. 1. Rom. 13. that the Authoritie which the people had in the beginning to create him returneth againe by deuolution to depose him but must obey him in lawfull thinges though he be difficile and gouerne not altogether as he should doe according to that Omnis anima potestatibus sublimioribus subdita sit let euerie soule be subiect to higher powers and againe Itaque qui potestati resistit Dei ordinationi resistit therfore he that resisteth the power resisteth Gods ordinance And againe Ideoque necessitate subditi estote VVhich in Greeke is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ideo necessit as est subijci Therfore be subiect of necessitie and yet againe Subiecti estote omni humanae creaturae propter Deum 1. Pet. 2. siue Regi quasi praecelleÌ„ti c. Be subiect therfore to euerie humane creature for God whether it be to the King as excelling c. And as in the same chapter Saint PETER commandeth seruants to be subiect in all feare to their Maisters not only to the good and modest but also to the waiward so the people is bound to obey Kings Vide Lessium li. 2 dei â—st iure c. 9. dub 4. though Waiward and difficile yea though they be Tyrantes so that their first entrance be lawfull and they not deposed yea though their entrance were by vnlawfull Inuasion so that the people generallie did afterwards consent and accept of them as their Princes and superiours for to a superiour whilest he remaineth superiout and commandeth lawfull thinges obedience is due otherwise be he neuer so lawful if he command things vnlawfull we must obey God before men Act. 5. and the King before the Viceroy 14. But against that which I haue saied of the creation of Kinges by the peoples election some may obiect that nowadaies in all Europe almost all Kinges are made by succession as are the Kings of Spaine France â—nd England To this I answere that though this be so yet the source and origin of this is also the peoples election For at the first â—excepting those Kinges which extraordiâ—arilie were giueÌ„ immediately from God to the Iewes the people chose or approued â—he King but perceauing what difficultie and daunger also of tumults and sedition would ensue if after the death of their King they should be to seeke and stand vpon election of another they were conâ—ent that the lawfull heires of the first King â—hosen should succeed to his father without newe election although when the â—ewe King is crowned the peoples consent is demanded and the King is sworne vnto them And in Spaine the Archbishop of Toledo receaueth the Kinges oath in the name of the Church and people In France the Archbishop of Rhemes In England the Archbishop of Canterburie and so all Regall power though not immediatelie yet originallie cometh from the peoples election and donation 15. And therfore wee see that the Kinges power in diuers countries is diuersly limited as in France and England where many of the Kinges lawes are not taken to be of force vnles the Parlament of states concurre to the making or confirming of them which limitation VViddrington ascribeth to the King In Resp Apol n. 174. pa. 137. as though he did voluntarilie thus limit him self But who seeth not how vnlikely it is that Kinges should thus restraine their owne power and tye their owne hands
or force and violence were for the most part conuerted the Pope to conserue Religion might giue them a Christian Prince and send an Armie to put him in possession S. Thom. 2.2 q. 10 art 10. Innoc. ca. super his de voto voti redempt This he prooueth out of S. Thomas and the common opinion of Diuines who affirme that the Chiefe Pastour in fauour of Religion and for securing Christians saluation might free Christian slaues from seruitude and much more other Christians who are subiect not despoticè but only politicè yea this hee prooueth out of scripture because in fauour of faith a wife may be separated from a Pagan husband 1. Cor. 7. Cap. quanto de diuortiis much more a subiect from his Prince 28. A fourth Title is if the Prince generallie molest Innocentes by vniust lawes and vexations as if a Pagan King should sacrifice Innocent Children to his Gods then any forreine Prince especially by the counsell of the High Pastour after he hath warned the sayd King and seeth no redresse may take the cause of the Innocents vpon him and make warre vpon the King for their defence for as Innocents haue right from God and Nature to defend them selues so may another with their expresse or presumed licence vndertake their cause and wage warre in their defence 29. A fift Title may be grounded in the Popes temporall authoritie for hee being a temporall Prince might authorize the Duke of Vrbine for example or other his Feudataries to inuade England for satisfaction of iniuries if the King of England had done him any for so the King of England hath heretofore inuaded France for iniuries receaued and might againe hereafter if by the French the like iniuries should be offerred And yet this Clause of the Oath makes the Catholicke to sweare that the Pope neither by himselfe nor by any authoritie of the Church or Sea of Rome or by any other meanes with any other hath any power or authoritie to depose the King c. or to anoy him or inuade his countries c. 30. Another Title of inuading a Princes country or resisting him may be this If Princes contrary to the Popes commandement and liking of all other Princes would call the Moores or Turkes into Spaine France or Germanie and commaund their subiects to assist them were they bound to obey or rather were they not bound to resist what they could And seeing that the bringing of the Moores or Turkes into those countries might bee preiudiciall to all Christian countries and euen to Christian faith might not other Princes especially cōmaunded by their Chiefe visible Pastour inuade their countries to hinder the entrance of such enemies And might nor yea ought not the Emperour and those Princes subiects to assist them against their owne Princes for the common good of Christendome And yet by this Clause we are cōmaunded to sweare that the Pope in no case can authorize subiects or Princes to annoy his Maiestie of England or any his countries 31. Wherefore although I will not auerre that Christian Princes may haue these titles to inuade England or any part of it or to make warre either against the Prince to whom I wish after long life hete eternity in heauen or countrie which is most deare vnto mee Yet by this it may easily appeare that it is not so euident as VViddrington would make it that this Oath may be taken with such an assured asseueration and in those so generall termes Victoria hauing alleadged so many Titles of iust warres which make this Clause at least doubtfull and so not to be sworne 32. Widdr. in Disp The ol c. 3. sect 4. n. 3. VViddrington answereth that in this Clause is not denyed that the Common wealth can depose a Prince but only is auerred that the Pope cannot either by himselfe or by the Common wealth or any other meanes And saith he if the Pope cannot by himselfe neither can hee by the Common wealth And this as he thinketh he conuinceth by examples For saith he as a stone neither with a man neither by a man hath power to vnderstand and disoourse and neither by the Common wealth nor with the Common wealth can depose a Prince because it hath no power of it selfe to discourse or depose so if wee suppose that the Pope of him selfe hath no power to depose a Prince he cannot by the Common wealth depose him though otherwife the Common wealth could And although saith Widdrington these examples be not like in all points because the stone is not capable at all of discoursing or deposing the Pope is at least capable of Authoritie to depose Princes if God would giue it him yet saith he if wee suppose that the Pope de facto hath no power to depose then a good argument may be drawne out of these similitudes For as the stone cannot by man or with a man discourse or depose Kings because it hath no power of it selfe so to doe so if the Pope haue no authoritie to depose Princes as Widdrington supposeth it cannot be or is not yet sufficiently prooued that he hath he cannot de facto by the Common wealth depose 33. But I shall make VViddrington to see by other examples and reason also how litle these his examples auaile For suppose the Pope could not depose a Prince by himselfe as I haue prooued he can yet he might doe it by a temporall Prince or the Common wealth and that also in VViddringtons opinion This I prooue first by examples For in the opinion of those Philosophers who say that no substance is immediately operatiue or actiue the substance or substantiall forme of fire can not produce fire immediately by it selfe and yet it can per calorem siccitatem by heate and siccity which are the fires instrument and actiue virtue and so wee say not only that heate produceth heate but also that fire produceth heate though not immediately but by meanes of the foresaid qualities So the sunne engendreth metalls and mineralls in the bowells of the earth and produceth as an vniuersall cause plantes and hearbes and yet not by his immediate substance but by mediation of his light and influences So the will of man is cause of walking speaking and other externall operations yet not by her selfe immediately but by mediation of other faculties which are dependent on her So a Prince that had neither hand nor foote or if he had should vse neither and so could not kill his enemie yet might he doe it by his Captaine if he should commaund him and if at his commaūd the Captaine should kill the Prince also should be said to haue killed yea to haue bene the principall cause of the murder though immediately he either could not or did not strike any stroke Wherefore VViddrington might haue called to mind that many tymes an agent may worke an effect by another which it can not by it selfe immediatly if the other cause which it vseth be
morall It must needs followe that the spirituall power excelleth the temporall as much as the obiects endes and actes of that doe surpasse this 7. Fourthlie that power is greater to which euen the Princes them selues are subiect then that to which the subiects and people onlie are subiect not the Prince for though the Prince be subiect to his owne sawes quoad vim directiuam yet not quoad vim â—perciuam but the Prince is subiect to the spirituall powet of the Church as much as â—he lowest and meanest of his subiects ergo â—he spirituall power of the Church is more â—minent then the Temporall power of the Prince or Common VVealth The Maior â—roposition is euident The Minor I shall â—rooue in the next Chapter wherfore the â—onclusion must needs followe 8. Hitherto I haue prooued that the spiâ—ituall and Ecclesiasticall power is more â—minent and noble then the Temporall â—nd consequentlie that the spirituall is â—igher in dignitie but whether it can comâ—and correct curb or restraine the temâ—orall I haue not as yet either prooued or declared for many things are more highe in dignitie then others which yet haue no authoritie to command or punnish As for example the Protestants of this time will not lett to graunt that the Pope is the highest Patriarch in dignitie yet they say he can not command out of his particular Diocese of Rome and all Diuines graunt that the power of the Church is more noble then any power of Princes or Emperours that being spirituall and supernaturall this onely temporall and yet they say that they that are not baptized be they Princes or subiects are not subiect vnto it so as the Church can command or punnish them spirituallie And the King of France is more eminent in dignitie then any of the noblest subiects of England or Spaine and yet hath no authoritie to command or punnish them for faultes committed out of his Realme Wherfore it resteth that I prooue that the Church by her spirituall and Ecclesiasticall power can command all Christians euen Heretickes that are baptized And this besides what hath been saied in the former Chapter to the proofe thereof I shall briefely yet cleerely shew by these ensewing arguments 9. For first the Ecclesiasticall superiours are true Pastours of the Church ergo they can not only direct but command and correct at least by spirituall paines and chastisements The Antecedent I prooue out of scripture Pasce oues meas Feede my sheepe Ioan. 21. saied Christ to S. Peter and his successours and all Pastours in their kinde Ad Eph. 4. Christ saieth S. Paul gaue to his Church some Apostles some Prophetes and other some Enangelists and other some Pastours and Doctours Act. 20. And the same Apostle speaking to Pastours sayth Attendite vobis c. Attend to your selues and your whole flocke To which purpose also S. Peter addeth saying 1. Pet. 5. Pascite qui in nobis est gregem Dei Feede the flocke of God which is in you The consequence I prooue because to a Pastour it belongeth not onlie to feede by Sacramentes and the word of God but also to rule to gouerne and correct and consequentlie the Pastours of the Church can make lawes which bynd all Christians their subiectes in conscience and they can correct and punnish â—he delinquents at least by spirituall chastisements of Excommunication and other Censures 10. Mat. 18. Secondlie Christ gaue power by his Apostles and successours to bynde and loose which argueth Iursdiction 11. Thirdlie the Apostles and their succesâ—ours haue vsed this Authoritie ouer Chriâ—tians Act. 15. 1. Cor. 5. Tit. 1. 1. Cor. 7. 2. Cor. 10 for they enacted lawes in their first Councell Saint Paul excommunicated the â—ncestuous Corinthian They appointed Bishops and Priests to gouerne particuler Churches Saint Paule distinguisheth his â—wne power of making lawes from Christs And hee saith Arma militiae nostrae non carnalia sunt sed potentia Deo ad destructionem munitionum c. The weapons of our VVarfare are not carnal but mightie to God vnto the destruction of munitions destroying Counsels and all loftinesse extolling it selfe against the Knowledge of God c. and hauing in a readinesse to reuenge all disobedience c. 12. Fiftlie I proue it by a Theological Argument By Baptisme Christians are made true members of the Mysticall bodie of Christs Church no lesse then subiects are of the Kingdome or Politicall bodie D. Tho. 3. p q. 63. art 6 q. 68. a. 1. q. 69. a. 4 5. yea more because they are incorporated to the Church by a reall supernaturall and indelible Caracter But all members are so subiect to the head that the head by Authoritie may command correct and punish them if they transgresse ergo the Pastours of the Church and especiallie the chiefe Pastour hath Iurisdiction ouer all those that are baptized be they true Christians or Heretickes or Apostataes This I confirme by this congruence Euerie one is bound to the lawes of the Realme in which he was borne by reason that his natiuitie in that place maketh him a true member of that Kingdome as our Soueraine Liege himselfe well obserueth In praef monitor pag. 12. And seing that Baptisme is a regeneration and newe natiuitie by which we are borne in the Church for euen the Children of Heretickes though they be baptized by Heretickes if they be trulie baptized are borne in the Churche it followeth that all that are baptized are bound to obey the Church and chiefe Pastour of the Church to obserue her lawes and may be punished by the Church if they transgresse the same else the Church which is the most eminent state and Common wealth should be inferiour vnto the lowest and meanest Politicall common wealth that is for there is no lawfull common wealth but it can make lawes and punish the transgressours 13. Sixtlie the Church is an absolute Common VVealth and consequentlie hath Authoritie to make lawes to appoint spirituall Magistrates to call Councels and to decide controuersies to correct and punish Heretickes and Blasphemers and all sinne which are properlie opposite to her gouernment and Ecclesiasticall peace but this supposeth a legislatiue an commanding and not only a directiue but also a coerciue power ergo the Church and especiallie her chiefe Pastour Christs Vicaire hath such Authoritie l. 2. ff de Iurisd omnium Iud. cap. Praeterea de officio delegati This Argument I confirme thus The Ciuill lawe telleth vs Cui iurifdictio data est ea quoque concessa esse videntur sine quibus iurisdictio explicari non potuit To whom iurisdiction is graunted those things also seeme to be graunted without which the iurisdiction could not be explicated And againe Ex eo quod causa alicui committitur super omnibus quae ad causam ipsam spectare noscuntur plenariam recipit Potestatem In that a cause is committed to any he receiueth full power ouer all things which are known to pertaine
especially by spirituall censures and may cast him out of the Church by excommunication else the Church were inferiour to all politicall bodies yea to a naturall bodie which hath authoritie for its owne preseruation to cutt of a rotten member least it infect the whole and to expell by purgation a malignant humour Neither is there any reason why in this point we should put any difference betwixt the King and another of his owne subiects For althoughe he be superiour in temporall matters to all his subiectes and is to be obeyed of thē yet is he subiect in spirituall matters to the Churches Pastours as much as his meanest subiect 5. And so it is not in the free choise of a Christian though baptized amongst Hereticks when he comes to yeares of discreation as ERASMVS and LVDOVICVS VIVES do absurdly holde to obserue Erasmus paraph. in Mat Ludouic Viues in com l. 1. de ciu Dei cap. 27. or not obserue the Christian law because he is bound to keepe the promise which the Church and his Godfathers made in his name no lesse then Pupills are bound to stand to that which their Tutours haue done in their name and for their profitt and goe he where he will be he of what religion he will he carrieth an indelible Caracter imprinted by Baptisme in hi◠soules by which the Church hath authoritie ouer him as ouer a member de iure debito and can commaund him to obserue the Christian law as also punish him if he disobey though he were an Emperour at least by spirituall punishment 6. Secondlie two Princes independent in one communitie would make a confusion vnlesse the one were subiect to the other and to be directed by the other Wherfore Aristotle as aboue I haue alledged saieth that Pluralitas Principatuum nō est bona Arict l. 12. Met. cap. vlt. Pluralitie of Principalities is not good to witt in one communitie and vnlesse one of them be subiect for the one might hinder the other the one might commaund one thinge the other cleane contrarie and so there would arise contention and confusion But the Church and common wealth of Christians is one bodie and Communitie at least materially if not formallie ergo these two Princes to wit the spirituall and temporali must haue some subordination But there is no reason that the Prince should direct and correct the Pastour he being the greater Prince hauing an higher power as it is aboue prooued ergo seing that both Pastour and Prince are of God and what is of God is rightlie ordayned Rom. 13. and with good order it followeth that the Chiefe Pastour must be superiour and must direct and correct the Prince as much as is necessarie to the Churches end and good 7 Thirdlie the chiefe Pastour and sometimes also inferiour Pastours as Bishops haue challenged to themselues as due Authoritie ouer Princes and haue excommunicated and layed spirituail punishements vpon them whome to condemne as vniust vsurpers they being so manie so wise so vpright and many of them holie Saints were meere madnesse ergo the Prince is subiect in spirituall matters yea and temporall matters also when they are necessarie for the Churches good and may be commaunded and punished at least spiritually if he refuse to obey he being in this case the Pastours subiect and inferiour 8. Eus l. 6. hist c. 25 alias 27. Nicephor l. 13. c. 34. Vide Baron an 407. Card. Alan Ausu 1. polibeller Cap. 2. So wee read that FABIAN Pope commaunded PHILIP the first Christian Emperour to take his place amongst the publick Penitentes so INNOCENTIVS the first excommunicated Arcadius the Emperour and Eudoxia the Empresse for persecuting S. Iohn Chrrsostome The excommunication beginneth thus Vox sanguinis fratris mei Iohannis clamat ad Deum contra te ô Imperator sicuti quondam Abel Iusti contra Cain is modis omnibus vindicabitur The voice of the bloud of my brother Iohn Chrysostome cryeth to God against thee as Abels bloud in tymes past did against Cain and it by all meanes shal be reuenged The sentence followeth in these words Zonaras tom 3. Annal. Itaque ego minimus peccator cui Thronus Magni Apostoli Petri creditus est segrego reijcio te illam à perceptione immaculatorum mysteriorum Christi Dei nostri Therfore I the least and a sinner to whom the throne of Greate Peeter is committed do segregate and reiect thee and her Eudoxia from participation of the immaculate mysteries of Christ our God Of which Pope S. HIEROME giueth this commendation S. Hieron epist 8. Illud te pio charitatis affectu praemonendum puto vt S. Innocentij qui Apostolicae Cathedrae supradicti viri Anastasij successor filius est teneas fidem nec peregrinain quantumuis tibi prudens callidaque videaris doctrinam recipias That I thouht out of charitie to admonish thee that thou holde the faith of S. Innocentius who is the successour and sonne of the sea Apostolicke and of Anastasius neither do thou recedue any strange doctrine seeme thou to thy selfe neuer so wise and wittie GREGORIE the second in a Councell at Rome Anno 726. Vide Baron an 729. excommunicated Leo the Emperour surnamed Isauricus and Iconomachus and tooke from him his Gabelles in Italie and the Prouince it selfe Greg. l. 3. ep 5. 10. l. 7. ep 14. Vide Baron an 1076. GREGORIE the seuenth commēded by all but onlie Schismatikes Heretickes for a Saint as he who wrought myracles as well liuing as dead excōmunicated HENRIE the fourth Emperour of that name for many enormities threatening moreouer excommunication to all Princes Kinges Emperours that should vsurpe Inuestitures as the same Emperour had done Also he interdicted the Kingdome of Polonia and excommunicated the King BOLESLAVS for killinge Stanisldus his Bishop at the Altar because like a good Pastour he had before controlled his lust and excommunicated him Platina in vita Innoc. 3◠ALEXANDER the third excommunicated Frederick the first and if Henrie the second King of England had not submitted him self he had excommunicated him also as he was sollicited thereunto by Lewis the King of France INNOCENTIVS the third excommunicated Otho the fourth Emperour of that name Cap. ad Apostolicae desēt re Iudic in 6. GREGORIE the ninth against Frederick the second IOHN the twentie two against Ludouicus Bauarus INNOCENT the third against King Iohn of England VRBAN the second against Philip the first of France and other Popes against other Princes haue sed the like seueritie Albert. Pighius l. de visib mon. cap. 17. Mat. Paris ann 1204. Baron an 1101. euen to these our daies and in all their Epistles to Kinges and Emperours they call them Sonnes and speake to them as to their sheepe and subiects 9. Yea not onlie Popes but euen Bishops haue the like Authoritie ouer Kinges and Emperours as the Archbishop of Toledo ouer the King of Spaine
spoke in this manner If it was saied to Peter I will giue thee the keyes of heauen I say vnto you then that this is the Porter whom I will not contradict but as much as I know or can I desire to obey in all thinges his statutes least when I come to heauen gates there be none to open them to mee This sayd that Religious King and this was his respect to the Sea Apostolick Epist ad Ioan. III. KENVLPHVS King of the Mercians writing in his owne and all his Bishops Vide Malmes lib 1. de gest Reg. Angl. and Nobilities name beginneth his letter in this humble manner To my most holie and welbeloued Lord LEO the Romane Bishop of the holy and Apostolicke Sea Kenulph by the Grace of God King of Merchland with the Bishops Dukes and all degrees of honour with in our Dominions with health of most sincere affection in Christ and afterwards he saieth The sublimitie of the Sea of Rome is our health and the prosperitie therof our continuall ioy Because whence you haue your Apostolicall dignitie thence had wee the knowledge of the true saith VVherfore I thinke it sit that the eare of our obedience be humblie inclined vnto your commandements And then demanding the Popes benediction for the better gouernment of his people and resistance of forraine foes he addeth This blessing haue all the Kinges who swayed the Mercian Scepter deserued to obtaine at your Predecessours hands This same do I in humble manner request Malmes lib. 3. de gest is Pont in VVilfrido Malmes lib. 1. de gest Pōt Angl. Westm an 854. Bale Gent. 2. cap. 20. and desire to obtaine of you most holy Father first by way of adoption to receaue me as a child as I loue you in the person of a Father and shall imbrate you with the whole force of obedience And afterwardes he makes mention of a token of an hundred and twentie Mancuzes which he requesteth him to accept King ETHELDRED receiued the letters of Pope IOHN the seuenth vpon his Knees King ETHELWOLPH sued to the Pope for a dispensation sent his sonne Alfred to the Pope to be instructed and sent Peter-pence and made all England tributarie to the Romane Sea King ALFRED surnamed the Great Malmes lib. 3. de gest Reg. Angl. Fox Act. Mon. pag 166. 167. Stow. an 1066. of whose valour learning and Pietie our Chroniclers write wonders in his Preface before the Pastorall of S. Gregorie which he translated into the Saxon language calleth him Christs Vicaire King WILLIAM the Conquerour offred to trie his Title with Harold before the Pope and after got his Title approoued at Rome He wrote an Epistle to GREGORIE the seuenth in which he confirmeth the Tribute of Peter pence which the Kings of England Lib. 5. hist Ang. Cambd. in Britā pag. 350. Malmes lib. 3. de gest Reg. lib. 1. hist nouel Florent Vigor in Chron an 1107 Matth. Paris pag 96. Houed an 1131. Fox pag. 192. Fox pag. 193. Houed pa. 502. euen from King INAS paied to the Pope as Polidore Virgil writeth in signe of reuerence and subiection to the Romane Sea King HENRIE the first surnamed Beauclerd for his knowledg in the seuen liberall Sciences built a Church at Dunstable and by the Authoritie of Pope EVGENIVS the third as Cambden confesseth placed there Canon Regulars he yeelded the inuestiture of Bishops and intertayned most honourably Pope INNOCENT the second and caused him to be admitted through out all France He wrote a letter to Pope PASCHAL which Fox setteth downe and giueth him this Title To the venerable Father PASCHAL chiefe Bishop and at the same time as the same Fox relateth he wrote another letter to the said Pope demanding the Pall for Gerard Arch-Bishop of Yorke King HENRIE the second though for a time he contended with Pope ALEXANDER the Third yet after the death of S. THOMAS of Canterburie Fox pag. 227. Coop an 1072. Bal. cent 3. cap. 4. Houed par 2. Annal. pag. 677. he permitted Appeales to the Pope and submitted him selfe and his Kingdome vnto his pleasure King RICHARD surnamed Coeur de Lion sonne to HENRIE the second wrote a letter to Pope CLEMENT the second with this Title To his most Reuerend Lord and Blessed Father by the grace of God CLEMENT chiefe Bishop of the holy Apostolick Sea and a little after The factes of Princes saith he haue better successe Houed pag. 706. when they receaue assistance and fauour from the Sea Apostolick Matth. Paris Houed an 1190. And so whē this King went to the holie Land he left the care and gouernement of his Kingdome vnto the Sea Apostolick King HENRIE the third when the Pope sent a Legate into England as Matthew Paris relateth met the Legate at the Sea coast Matth. Paris pag 589. Fox act pag. 287. and bowing his head to his knees conducted him and after writing a letter to Pope INNOCENT he callethe him most holy Father and Lord and Chiefe Bishop and offreth Kisses to his blessed feete King EDWARD the thiad writing a letter to the Pope walsing pag. 150. which Walsingham serteth downe saieth That it is heresie to denie the Popes iudgement praesidere omni humanae creaturae to preside ouer all humane creatures The same King writing to Pope CLEMENT vseth this submission To his most holy Lord Clement by the diuine prouidence Chiefe Bishop of the sacred Romane and vniuersall Church Edward by the Grace of God King of France and England and Lord of Ireland deuout kisses of your blessed feet And the same King and all his Nobles anno 1343. assembled in the Parlament at VVestminster in a letter written to the Pope Fox Act. pa. 383. which Fox setteth downe calleth him Head of the Holie Church King HENRIE the sift that warlike and victorious Prince sent his Embassadours to the Councell of Constance called for the condemnation of VVickleph Stowe an 1416 and there demanded and obtained that England might be called a Nation and one of the fower Nations that owe deuotion to the Church of Rome Fox Acts pa. 799. Georg. Lilius in Chron. an 1506. King HENRIE the seuenth anno 1506. sent three solemne Oratours to Pope IVLIVS the second to yeeld his obedience according to the manner vnto the Sea of Rome Yea King HENRIE the eight in the yeare 152◠dedicated his boke against Luther to Pope LEO the tenth which booke I haue seene signed with the Kings owne hand in an English Caracter for which the Pope gaue him and his successours the Title of Defendour of the faith That he acknowledged the Pope his Pastour appeareth by this that at first he made sute to him for a separation from Queene CATHERINE but when he perceaued he could not obtaine his sute then and vpon that occasion onlie he exiled the Popes Authoritie and made him selfe Head and the first Head of the Church of England as may appeare by that which I
haue saied of the knowen respect the Kings of England euer before bare to the Pope and the Apostolicall Sea 14. Seuenthlis I prooue this by the ancient Ceremonies of kissing the Popes feete and other Homage which no good Christian though a King or Emperour hath euer disdained fulfilling therein the prophecie of Esay Quam speciosi pedes Euangelizantis pacem How beautifull are the feet of him that Euangelizeth and preacheth peace Esay 52. And following therin the example of the three Kinges Matt. 2. who adored Christ and of the prime Christians who brought the price of their Lands to the feet of the Apostles Act. 4. 5. Act. 10. Phocius in Nomo con Cap. Constantinus dist 96. Naucler lib. 2. gener 18. Blond li. 10. Mart. Polonus Platina in Steph. 2. S. Ansel Luc li. 1. Collecta Plat. in Adria 1. Baro. to 12. anno 1130. Platina in Eugenio IV. and of Cornelius that fell at Peeters feet CONSTANTINE the Great Greater for his humilitie then for the greatnes of his victories and Emperie honoured the Pope as his Pastour and superiour and bestowed great temporall honour and Regalities vpon him IVSTINIAN the Great in the yeare 535. adored AGAPETVS Pope IVSTINIAN the second crouching to Pope CONSTANTINES the first feete embraced him King PIPIN going to meete Pope STEEVEN who was going to him into France for helpe kissed his feet and ledd his horse by the bridle into the Court and pallace CHARLES the Great would not be hindred by Pope ADRIAN the first from kissing his feet as Platina writeth LEWIS King of France and HENRIE the second King of England kissed humblie the feet of INNOCENT the second SIGISMVND the Emperour in the Councell of Constance worshipped Pope MARTIN prostrate vpon the ground ALBERT Emperour of the West and IOANNES PALEOLOGVS Emperour of the East vsed the same submission to EVGENIVS the fourth in the Councell of Florence 15. By this which hath bene said who is of so little insight that seeth not how Princes are and ought to be subiect vnto the chiefe Bishop and highest visible Pastour of the Church which if Princes also could see as their conceipt of their owne Authoritie many times hindreth them from seeing they would not encroach vpon the Church as they doe they would not contemne her lawes but honour them as Oracles they would not despise the Churches Pastours but would as the auncient Christian Princes were wont to do honour them aboue all terrene Potentates 16. And would to God our noble soueraigne King IAMES had bene trained vp in the schoole of Christs Catholike Church in which our ancient Kings his Predecessours learned their dutie towards the Pope that rare and deepe iudgement of his would neuer haue permitted him to thinke a Temporall King as great as the Pope In praf monitor pag. 5. to whom his Predecessours subiected their persons Kingdomes Crowns and Scepters it would neuer haue sunke into his learned head that the Pope should be Antichrist and consequentlie all his Predecessours the Kings of England yea of Christendome so wise so pious so warlike so victorious worshippers and fauourers of Antichrist he would neuer haue incited the Emperour and Christian Princcs In praef monitor to curbe him restraine him and to diminish that his Authoritie which not they but Christ gaue him by which he hath put the crowne vpon many an Emperour and Kings head by which all Christian Kinges and their Kingdomes haue bene maintayned in Religion wealth and prosperitie against which Authoritie no temporall stares haue long preuailed but like waues against the Rocke by persecuting it haue wasted and ruined them selues which Authoritie was not giuen him ex prima intentione to take away temporall Kingdomes from any vnlesse by euill comportement they make them selues vnworthie of all rule and humane societie but rather to conserue them and to adde vnto them a new Crowne and Kingdome of Heauen for non eripit mortalia qui regna dat Coelestia he that giueth to man heauenlie thinges goeth not about to take away from him those that be earthlie Imploie then ô noble soueraine your rare witt power and force to defend and protect this Authoritie not to impugne it shew your self worthie that Title of a Defendour of the faith which was giuen to your Predecessours by the Sea Apostolick not for impugning but for defending her faith and Authoritie Seeke not to sacke and rase that Citie which is built vpon a Rocke Thinke not to preuaile against that Church against which all the persecutions schismes and heresies that haue beene raised against her no nor the forces or gates of Hell could hetherto or shall euer here after preuaile Seeke not to sinke the shippe which PETER ruleth and at whose sterne CHRIST him self sitteth It may be by Gods permission tossed with windes waues and Tempests but it can neuer be drowned for as Pope GREGORIE the ninthe once tould an Emperour that thought by humane force and policie to sincke her Cuspinianus in Frederice Niteris incassum nauem submergere PETRI Fluctuat at nunquam mergitur illa ratis Thou striu'st in vaine S. PEETERS ship to sinke Floate may it well to drown it neuer thinke CHAPTER VI. That Princes Kings yea Emperours haue no authority to gouerne the Church or to make Ecclesiasticall lawes neither to be accounted heads or Superiours but subiects of the Church though protectours and defendours and therefore are modestly admonished of their duty and office 1. ALmightie God as he hath instituted two powers terrene and spirituall Ciuill and Ecclesiasticall and hath distinguished them in Natures obiects functions ends so to auoid confusion he hath placed them in diuers subiects The terrene power he hath giuen to Princes and Magistrates the spirituall and Ecclesiasticall to Priests Prelats and Pastours as aboue we haue seene For although there be no such naturall repugnancie but that these powers may consort in one Ep. 126. ad Euag. and the selfe same person for as S. HIEROME sayth in the law of Nature the first begotten of euerie familie were Priests and Temporall Lords Melchisedech also and Moyses and the Machabâ—et were Priests and Princes yet it is most conuenient that these two powers should be separated the King and Prince by reason of his warres and Temporall Affaires wherwith he is intangled being not so apt to menage matters of the Church and Religion the Prelate and Pastour being by office obliged to attend to diuine matters from which the menaging of common wealthes affaires would much distract him And therfore as the Church came to greater perfection Num. 27. so were these offices giuen to distinct officers For IOSVE was made Captaine and Commander in Temporall things 2. Paralip 19. ELEAZAR was the High Priest and chiefe in matters of the Church AMARIAS the High Priest commanded in his quae ad Deum pertinent in matters pertaining to God and ZABADIAS was deputed to the gouernment of those thinges that
also with great consent both of the Latin and Greeke Church and in it were present the Patriatches of Constant inopole and Hierusalem in their proper persons the Patriatches of Alexandria and Antioche by their Legates Archbishops Latin and Greeke 70. Bishops 412. Abbots and Priours aboue 800. the totall number of all the Prelares were at least 1215. The Legates also of the Greeke and Romane Emperours of the Kinges of Hierusalem France Spaine England and other Princes were present with the rest This Councell then called the Great for the number of Prelates in the Third Chapter after excommunication pronounced against Hereticks admonisheth secular powers and commandeth them to purge their countries from Heretikes and to promise the same by oath then the Councell addeth Si verò Dominus temporalis c. Council Later sub Innoc 111. cap. 3. But if the Temporall Lord being required and admonished by the Church shall neglect to purge his land or Territorie from hereticall lewdnesse let him be excommunicated by the Metropolitane and the rest of his Comprouinciall Bishops And if he contemne to satisfie within a yeare let this his contempt be signified to the Chiefe Bishop the Pope that from that tyme he the Pope may denounce his vasalles freed from all fidelitie vnto him and may expose his land to be possessed by Catholiks who heretickes being exterminated may possesse it without any contradiction and conserue it in puritie of faith without preiudice to the Principall Lords so that he put no obstacle nor impediment the same law notwithstanding obserued concerning those who haue not Principall Lords This Councell I suppose to be of sufficient Authoritie for it was Generall and in number of Prelates and Bishops surpassed the first Councell of NICE by many It was of as great Authoritie as any Councell can be because the Authoritie to make lawes and to decide controuersies dependeth not of the sanctitie but only of the lawfulnes of the Pastours and seing that these Pastours could say as much for their ordination and vocation as the Fathers of the Councell of NICE could it must needs follow that this Councell as are also all lawfull Generall Councels was of as great Authoritie as was that of NICE which our Soueraigne Liege King IAMES admitteth with the other first three Generall Councels In prâ—f monit pag. 37. and consequentlie cannot reiect this which is of the same Authoritie To say that the Pope speaketh onlie of them who are subiect temporally to his Temporall Authoritie which he hath in Italie were ridiculous because the wordes are Generall and if they were restrained to Italie the decree could haue had little force To say that absolute Princes are not comprehended in this decree but onlie inferiour Princes who holde feudum Regale of them is absurd for a little before this alleaged decree the CouÌ„cell ordained that seculares potestates secular powers must take an oath to expell hereticks out of their countries which wordes secular powers agree to absolute Kings and Emperours else when S. PAVL commaunded that euerie soule be subiect to higher powers potestatibus sublimiâ—ribus Rom. 13. Kinges and Emperours must be excepted because they goe not vnder the name of Powers And immediatly after this admonition the Councell addeth the alleaged decree Si verò Dominus Temporalis c. But of the Temporall Lord c. Where she calleth the same Dominos Temporales Temporall Lords whom before she called Potestates saeculares Secular powers And are not Kings and Emperours Domini Temporales Temporall Lords yea and principallie and more properlie to be called so then those Princes that holde of others If Widdrington would denie this Title to our King he would be counted a Traytour And what can they alleage against those others so expresse wordes eâdem nihilominus lege seruatâ circa eos qui non habent dominos principales the same law not withstanding obserued concerning those who haue not principall Lords In which words euen Kinges and Emperours are comprehended for they especially haue no Temporall Lords 3. But let Widdrington vnderstand by secular powers and Temporall Lordes whome he will as certes he spendeth many wordes to shew that by Temporall and principall Lordes absolute Princes are not vnderstoode if the Pope coulde make a decree of deposition against inferiour Princes why not against supreame Princes they in that they are Christians being as subiect to the Church and her Chiefe Pastour as other Christians of inferiour degree Widdr. in discussione discussionâ—s Decreti Concil Lat. sec 5. a. n. 3. Widdrington answereth that the Pope and Generall Councell may make a decree of deposition against inferiour magistrates or Lotdes by consent and Authoritie giuen them by Soueraigne Princes but he can not make a decree of deposition against supreame Princes because they neuer consented neuer gaue him Authoritie against them selues Idem sec 5. nu 15. Hence Widdrington sayth also that all temporall mulctes and punishmentes which the Church decreeth shee decreeth by authoritie giuen her from Princes and that therfore in such penall lawes Christians may refuse to obey till they know that the Prince gaue the Pope and Councell such Authoritie yea that in these lawes they may appeale from Pope or Generall Councell to the Princes But as in other thinges Widdrington to holde vp the cause whose defence he hath vndertaken is forced to helpe him selfe with the worst opinions and to seeke authoritie from the obscurest Authours and these of the least credit So dealeth he in this for he is not ignorant that whatsoeuer some one or two Authours may say that all the current of Diuines mislike them in this and counte it straunge yea and absurde to say that all the penall lawes of the Church which prescribe Temporall mulctes related in the Canon law and in Councelles should haue theire force not from the Councelles and Pastours but from Kinges and Princes For although they confesse that Princes gaue to the Pope his Temporall Demaines and consequentlie Temporall and princelie Authoritie within the limites of the same yet in what meeting of Princes in what Councell did euer Princes conspire to giue the Pope Temporall Authoritie through out the whole Church And in the last Generall Councell of Trent in which diuerse Temporall penalties are decreed what mention is there of the Princes donation of Authoritie to the Councell Princes and Emperours by them selues or their Legates are present at the Councell to protect the Fathers to assist them for execution of theire lawes but that they euer gaue authoritie to the Councell to enact any Temporall law or that the Fathers of the Councell and the Chiefe Pastour of the Church demaunded licence and Authoritie of the Emperour or Princes to make such lawes who euer read who euer heard And why could not the Princes why would not they them selues enact such lawes in their owne name as sometimes they haue don against Heretickes that being a thinge more honourable for them and
must be skilfull in that art or science which Trithemius him selfe knew and therefore leaueth this question vndiscussed Secondly I answer that Trithemius speaketh of HENRIE the fourth Emperour who though he had committed many insolences against the Pope and Church and had set vp an Antipope c. which his enormities Trithemius calleth scelera inaudita yet he professed him selfe a Catholicke and so the Schoole Diuines to wit Ocham Almainus and such others as I haue related for others VViddrington can not alleage disputed whether he could be deposed he being or pretending to be no hereticke as appeareth by his Epistle to GREGORâ—E the seuenth aboue alleaged and what they resolued we haue seene 14. Widdr. In his Newyearesgift pag. 46. Disput Theol. c. 3. sec 3. num 13. Petrus Pithaeus God libert Ecc. Gallicana Petrus Pithaeus sayth VViddrington a man as Posseuin sayth trnlie learned and a diligent searcher of Antiquities affirmeth that the libertie of the Church of Fraunce is grounded in this Principle which Fraunce hath euer held for certaine that the Pope hath not power to depriue the French Kinge of his kingdome or in any other manner to dispose thereof and that notwithstanding any whatsoeuer monitions or monitories excommunications or Interdicts which by the Pope can be made yet the subiectes are bounde to yeeld obedience due to the King for Temporalles neither therin can they be dispensed or absolued by the Pope And in his Disput Theologicall Cap. 3. sec 3. num 13. he sayth that Pithaeus out of a generall Maxim which Fraunce that is as he putteth in the margent the greater part euer approoued deduceth this particular proposition that the Pope can not depriue the French Kinge of his Kingdome But first here we see VViddrington ascribeth two thinges to Pithaeus which seeme to imply contradiction for in his Newyearesgift he makes him say that the libertie of the Church of Fraunce is grouÌ„ded in this Principle that the Pope hath not power to depriue the Kinge of his Kingdome And in his Theologicall Disputation he sayth that Pithaeus out of a certaine generall Maxim deduced this particuler proposition that the Pope can not giue the Kingedome of Freunce into prey nor depriue the Kinge of it And so he maketh this position That the Pope can not depriue the King of Fraunce both a generall Maxime in which the libertie of the Church of Fâ—aunce is grounded and also a particuler proposition deduced out of a generall Maxim which he nameth not which two thinges how they cohere let VViddrington looke And certes I can not imagin any Maxim receaued in Fraunce out of which either VViddrington or Pithaeus can deduce that the Pope can in no case depriue the King And if there were any such Maxim receaued in Fraunce that learned Prelat Cardinall Perone in his eloquent oration made in the Chamber of the Third estate not onlie in his owne name but also in the name of all the Nobilitie and Clergie of Fraunce would neuer haue dared before such curious Auditours to vtter these wordes following now if those who haue of set purpose laboured in fauour of the oath of England he putteth in the margent VViddrington to find out Authours who haue affirmed that in case of heresie or infidelitie the subiects could not be absolued from the obligation that they owe to their Princes could not find out any one and if those who haue since written of the same subiect in Fraunce could neuer find out in all FrauÌ„ce note these wordes since the time that Schooles of Diuinitie haue been instituted and sett open till this day one onlie Doctour neither Diuine nor Lawier nor Decree nor Councell nor determination nor acte of Parlament nor Magistrat either Ecclesiasticall or Politicke who hath sayd that in case of heresie or infidelitie the subiect can not be absolued from the oath of fidelitie which they owe to their Princes on the contrarie if all those who haue written for the defence of the Temporall power of Kinges haue euer excepted the case of heresie and Apostasie from Christian Religion how is it that they can without enforcing of Consciences make men not onlie to receaue this doctrine that in no case the subiectes can be absolued from the oath of Allegeance they owe to theire Princes for a perpetuall and vniuersall doctrine of the French Church c. Thus he whereby it is manifest that there is no such receaued Maxime in Fraunce out of which Pithaeus or Widdrington can deduce that the Pope in no case can depriue the King of Fraunce And what the opinion of the most Christian Kingdome of Fraunce at this present is may well appeare by this that all the nobilitie and Clergie the two most worthie Partes and members of that Realme in the yeare 1615. reiected an oath like to the oath of England as pernicious cause of Schisme the open gappe to heresie as our most Excellent and learned King in his Preface to his declaratioÌ„ for the right of Kinges set forth in FreÌ„ch the same yeare confesseth though in a coÌ„plaining manner and as it is to be seene in the Oration of the sayd Cardinall sent to our sayd Soueraigne And although the Tierce estate proposed an oath like to that of England yet that was but one and the lowest of the three estates and as Cardinal Perone affirmeth they had their lessons giuen them from England 15. He alleageth also out of Bochellus the Testimonie of Cardinall Pelue and other Prelates who in an assemblie at Paris 1595. reiected the Decree of the Councell of Trent sess 25. cap. 19. by which it is forbidden Kinges to permitte Duelles vnder payne of loosing the citie or place in which they permitte a Duelle Concilium TridentiuuÌ„ inquiunt excommunicat priuat Regem ciuitate illâ vel loco in quo permittit fieri duellum Hic Articulus est contra authoritatem Regis qui non potest priuari suo dominio temporali respectu cuius nullum Superiorem recognoscit The Councell of Trent say they excommunicateth and depriueth a Kinge of that Citie or place in which he permitteth a duelle to be made This Article is against the Authoritie of the Kinge who can not be depriued of his temporall Dominion in respect of which he acknowledgeth no Superiour I answer that it is not credible that Cardinall Pelue and those Prelates would thus reiect the Councell of Trent or affirme that the Pope can not depriue the King and least I may seeme to doe iniurie to Bochellus in not crediting him I shall giue reasones for it Cap. 3. pag. 111. for first as Schulkennius sheweth he thrustes into the Decrees of the Church of Fraunce and reckeneth amongest her liberties many scandalous thinges and to omitte many of them which Schulkennius noteth I will note onlie two or three of his absurdities which I haue seen in his book In his Preface to the Reader he sheweth him selfe no good Catholicke in carping vniustelie and saucilie
antealata quia Princeps non improbans vsum censetur illum approbare when the Prince knowing the vse doth approoue it or doth not disprooue it there ariseth a custome which hath the force of a law or which sufficeth to derogate to the law before made because the Prince not disproouing an vse is thought to approoue it This is the doctrine of Diuines and Lawiers Widdr. Disput Theol. c. 6. sec 3. n. 25.27.28 which VViddrington him selfe approoueth in diuerse places Wherefore seing that in England the sentence of Pius Quintus pronounced against Queene Elizabeth was not obserued for three and thirtie yeares before the thirteene Priests Protestation and that all that while euen the Catholickes obeyed her as Queene the Popes knowing and not contradicting yea some of them as I haue heard of Pope Gregorie the 13. and Clement the 8. expresselie approouing it followeth that at the time of the 13. Priests Protestation the sentence of deposition by contrarie vse and custome was abrogated and so Queene ELIZABETH was at that time in the same state she was in before the sentence and consequētlie might be acknowledged for true Queene and to haue as full power and Authoritie as any of her Predecessours But because widdrington may alleage that these 13. reuerēd Priests not ōlie promised that they would acknowledge Q. Elizabeth notwithstanding any sentence alreadie pronoūced but also notwitstanding any Authoritie or any Excōmunication whatsoeuer either denoūced or to be denounced to yeeld vnto her Maiestie all obediēce in tēporall causes I answer that the 13. Reuerend Priests might acknowledge in the Pope authoritie to depose the Queene and yet promise her obedience in Lawfull thinges supposing the sentence would be inualid for some of the aforesayd causes and not for want of authoritie Againe they might thinke that if the Queene would giue for herafter libertie of Conscience as was pretended and continue the same as the 13. Priests might hope the Pope should haue no cause to Excommunicate or depose her and therfore would not or if he would they might imagine that in that case he could not iustlie nor without great iniurie to the Catholickes of England proceede so against her that being to prouoke her to a new persecution and so the 13. Reuerend Priestes might thinke them selues not bound to obey in that case the Popes sentence and commaundement it being vniust and consequentlie rebus sic stantibus they might promise notwithstanding any sentence to be denounced to obey the Queene in all Temporall and lawfull causes and to defend and assist her If VViddrington should here obiect that if the 13. Priests might promise to acknowledge and obey Queen Elizabeth notwithstanding any sentence to be pronounced supposing the sentence would be vniust why may not the Catholique Subiect of England take the oath of pretended alleageance and sweare that the Pope can not depose the King and that if he should he would still acknowledge and obey him supposing the sentence would be vniust I answer him that the case is not like because in the oath the question is de iure not de facto and therfore the Subiect sweareth absolutlie that the Pope hath not any power or Authoritie to depose the King and that notwithstanding any sentence of Excommunication or depriuation made or graunted or to be made or graunted against the sayd King or any absolution of the sayd subiectes from their obedience he will beare true fayth and true allegeance to his Maiestie And seing that the Pope hath such Authoritie to depose a Prince as here I suppose it is periurie at least to sweare absolutlie that he hath no such Authoritie ouer the King and it is iniurie to the Pope But the 13. Priests speake de facto not de iure and therfore they protest not that the Pope hath no such Authoritie but promise what they would doe de sacto notwithstanding any his Authoritie that is that not withstanding the Popes Authoritie and sentence so libertie of Conscience were graunted to all English Catholickes as they were borne in hand it should they would still acknowledge and obey the Queene supposing in that case the sentence would be vniust and so of no force to bynd in conscience Wherfore seing that these 13. Reuerend Priestes might make their Protestation of acknowledging and obeying Q. ELIZABETH not for that they thought the Pope could not depose her but for other reasons alleaged why should then VViddrington take them in the worst sence why should he bringe them so oft on the stage why should he thinke to grace his opinion by their grauitie learning and Authoritie he knowing whatsoeuer they thought of the Popes Authoritie in deposing before the Popes Breues came forth as they protest they neuer thought as VViddrington doth that when he began to impugne this the Popes Authoritie and against his Chiefe Pastours commaundement to defend the oath they protested in priuat and publicke the contrarie And so VViddrington may aske thē forgiuenesse by publicke writing whom he hath publickelie and yet wrongefullie sought to defame 18. Here because I would not passe my limittes of breuitie which I intended in this booke I thought to haue concluded this Chapter But after I had examined these Authours yea after that the Printer was come to this Chapter I came to the sight of VViddringtons Supplication and Appendix ioyned to it which before I had nor seene for that Catholickes making a scruple either to read or to keepe bookes forbidden by the Chiefe Pastour and Superiours being vigilant and worthilie to suppresse such bookes it is hard in Catholicke countries to meete with any of VViddringtons bookes two of them being expresselie condemned and all his later bookes being almost but repetitions of the former yet hauing hitte vpon this booke I was desirous to see with what dexteritie he defended these authours against Schulckennius And I find that he refused to acknowledge two of them to wit Dante 's and Ocham In Append § 6 num 2. saying Imprimis falsum est me aut Dantem aut Occamum pro meis authoribus produxisse c. First it is false that I produced either Dante 's or Ocham for my Authours But I onlie affirmed that by IOHN AZORIVS they were alleaged for that opinion And yet who could thinke otherwise then that he had produced them for his Authours seing that after the first opinion of Cardinall Bellarmine and others which holdeth that the Chiefe Pastour may in some case dispose of Temporalities and Regalities he setteth downe the second opinion of those who holde that the Chiefe Pastour in no case by no Authoritie either directlie or indirectlie hath power to depose a Prince and cōming to the Authours of this second opinion which he him selfe Embraceth he sayth Hanc sententiam vt refert Ioannes Azorius Societatis Iesu Theologus sequuntur Gulielmus Occamus Ioannes Parisiensis Dante 's Aligerius Iacobus Almainus c. This sentence as Ioannes Azorius a diuine of
other Titles to be quite exempt from him and subiect to none in temporall matters And seing that this supremacie in Ecclesiasticall matters either is not distinguished from their Regall Authoritie or is necessarilie annexed vnto it as they refuse to be subiect in temporall matters so might they in Ecclesiasticall The King of England Why he rather then the King of France The King of France why he rather then any of the others Yea if these Kings pretend not to be subiect to the Emperour much more may they claime exemption from one anotherr 9. If any answere that by Common consent they may either choose one to call the rest or being all equall they may meete altogether in one neither will this serue For as for the first meanes it is morally impossible because Kinges who haue high aspiring mindes would neuer be drawen to subiect them selues to any and so whilst euerie one would be Chiefe none should be Chiefe The second meanes is as impossible for first where shall they meet Certes no King will easilie leaue his Kingdome and so euerie one would be desirous to haue the Councell in his Countrie yea euerie one would refuse to haue such a meeting in his Kingdome for feare of daunger But suppose they meete when they are mett how shall they agree especiallie they being commonly of diuers Religions for if a King in that he is a King is to iudge in matters of the Church euery King hath right to be of this Councell and so the Turke the Persian the Muscouite shall haue place in this Councell If you say that not euerie King but onely Christian Kinges are Heads of the Church in their Kingdomes then at least Catholick Lutheran and Caluinian Kinges must be of the Councell and how shall these agree who shall moderat seing there is no more reason of one then another If you say that Bishops must be the Men that must make Decrees and Canons and conclude all in this Councell This they cannot do without Kinges if euerie King be supreme Head in their Countrie and therfore it was enacted accordinglie in the Parlament holden by King HENRIE the Eight in the twenty sixt yeare of his raigne That he should be reputed supreme Head of the Church of England and should haue all the honours Authorities and commodities belonging there vnto Amongst which honours the Principall and that which is necessarilie annexed vnto the Headship of the Church is to call Councels and to sitt as Chiefe Iudge in them See Poulton â—n his AbridgemeÌ„t of the statutes Sander de Schis Angl. And Queene ELIZABETH had also graunted vnto her by a Parlament in the first yeare of her raigne all power for the correction and reformation of the Clergie for the iudgements and punishmeÌ„ts of schismes and heresies for nominating of Bishops and for calling of Synods and that with such ample Authoritie that nothing should be decreed in any Synod with in the Realme without expresse licence and consent of the Queene And if the Bishops in the Councell agree not as I see not how they can if there be no one amongst them that can command who shall be the man that shall take vp the matter amongst them If you say the Kings I demand who shall beare the sway amongst them And so to make Kinges Heads of the Church in their Kingdomes is to hinder all Generall Councels which yet heretofore haue been so oft assembled by the Authoritie of the Pope to the great profit peace and vnitie of the Church 10. Fourthlie if Princes in that they are Princes or Christian Princes were Heades of the Church in their Realme then Children might be Heades of the Church yea and women also for they are capable of Regall Authoritie wheras not withstaÌ„ding the Wiseman pronounceth a vae curse to the land whose King is a Child Ecclesiastes 10. And much more woe it were to a Church whose head is a Child Surely S. PAVL 1. Cor. 14 that commands women to be silent in the Church would neuer haue permitted such to gouerne the Church And yet after King HENRIE had arrogated this monstrous power in a King to make it ridiculous to the world God permitted that next after him a Child came to be King the Head of the Church of England and next but one after the Child a womaÌ„ succeeded also in the like authoritie 11. Fiftlie to make enerie King supreme Head of the Church in his Kingdome destroyeth the vnitie of the Church for wheras there are three especiall and essentiall Vnities in the Church to wit Vnitie of Head and one gouernment Vnitie of one faith Vnitie of the same externall profession and worship of God by the same rites and Sacramentes If we receaue euerie Prince in his Realme for Head of the Church these three Vnities can not long be conserued For as for the first Vnitie though our Aduersaries would say that it may well be conserued in CHRIST who is the principall and onely principall and absolute Head yet because CHRIST is now ascended to his Father and conuerseth no more visibly amongst vs besides him the Church which is a Visible Congregation and bodie standeth in neede of a visible Head else should she be visibly headlesse and imperfect And therfore as scripture hath declared CHRIST for our soueraine and invisible head Ioan. 10 Vnum ouile vnus Pastor One fould Ephes 1. one Pastour And againe Ipsum dedit caput supra omnem Ecclesiam God the Father made him head ouer all the Church which is his bodie So doth scripture and CHRIST him self in scripture point out another vnderhead and visible Pastour Mat. 16. saying Thou art Peter and vpon this Rocke will I build my Church and againe Pasâ—e oues meas feede my sheepe that is all Christians Ioan. 21 and so PETER was in his time and his successour the Pope now is Chiefe Head and visible pastour ouer all Christians and consequentlie ouer all Bishops euen in a Generall Councell vnlesse they will denie them selues to be the sheepe of Christ. And this Vnitie was necessarie to conserue the other Vnities of faith and eternall profession and worship of God by the same SacrameÌ„tes For diuers visible Heades would not so easilie agree amongst them selues it being a naturall thing for meÌ„ in equall authoritie to striue to drawe all to their partie Whereupon S. CIPRIAN sayth Cypria lib. 4. ep 9. lib. 1. epist 8. lib. de vnit Eccl. That the Church is Plebs suo sacerdoti adunata The people vnited to their Priest And that Non aliunde natae sunt haereses aut orta schismata nisi quod vni sacerdoti Dei ab vniuersa fraternitate non obtemperetur Not from any other source heresies or schismes are risen then for that obedience is not giuen to one Priest of all the fraternitie For why Exordium ab vno proficiscitur Primatus Petro datur vt vna Christi Ecclesia vna Cathedra
by an inuisible blowe reached him from God perished most miserably d Earon tom 7. au 561. BELLISARIVS Iustinians Generall ouer his Armie to whome he was so deare that his pourtraict was printed in the one side of Iustinians Coyne with this Title Bilisarius Romanorum decus Bellisarius the glorie of the Romans for his molestation of SILVERIVS to grarifie therby THEODORA the Empresse had for suspicion of conspiracie against IVSTINIAN his eyes pulled out was despoiled of all his dignities and forced in fine to begg e CedreÌ„ in Anna Paul Diac. li. 20. reruÌ„ Roman Baron tom 8. an 713. Anast in Vital Baro. an 668. Paul Diac. lib. 19 reruÌ„ Rom. PHILIPPICVS for his contempt of CONSTANTINE Pope and propagating of heresie was depriued of his Empire and his eyes also f CONSTANS for persecuting THEODORVS Pope and violently carying away Pope MARTIN from Rome was slaine in a bathe g Fascie Temp. in Iust 2. Martin Pol. in Iust 2. IVSTâ—NIAN the second for infringing the Eight Synod and molesting of SERGIVS Pope who refused to consent to his heresie was depriued of his Empire and besides that of his nose and tongue h Baron tom 11. an 1080. HENRIE the Fourth Emperour excommunicated and deposed by GREGORIE the seuenth as we haue seene was by his owne sonne persecuted holden in prison and at length made a miserable end out of his owne Countrie i Neubr li. 4. c. 13 Palmer 〈◊〉 in ChroÌ„ an 1189 FREDERICK the first was drowned miserablie in a riuer of Armenia for punishment of the schisme he raised against ALEXANDER Pope as our NEVBRIGENSâ—S recordeth k Fascic Temp. in Frider. 2 Matt Westm an 1245 FREDERICK the Second after he was excommunicated and deposed by INNOCENT the Fourth Pope of that name was strangled by his owne sonne and dyed without Sacraments l Geneb lib 4. Chron. anno 2294. in Bonifacio 8. PHILIP le BEL King of France after he was excommunicated and deposed by BONIFACE the Eight neuer prospered as Genebrard la FreÌ„ch man writeth And after that BONIFACIVS was taken vnawares by the deceipts which PHILIP vsed a holy Bishop said The King is glad he hath BONIFACE Pope in holde but no good thereby will happen to him and his posteritie which Prophecie saith m Genebr lib 4. Chron. anno 1315. Genebrard was shortlie after fulfilled for the King perished by reason of a Boare that rushed betwixt his horses legges three of his sonnes that raigned after him dyed one after another in a short space their Queene 's dishonoured them with their infamous adulteries and the Issue of PHILIP fayling the contention betwixt our EDWARD the third sonne of the Daughter of PHILIP le Bel and PHILIP de Valois the sonne of CHARLES de Valois PHILIP le Bel his brother arose which contention cost France verie dearely And to spare our times as God threatned by his Prophet Isai 60. that the Kingdome that shall not serue the Church shall perish as we see all Greece is lost by their heresies and schismes against the Romane Church and England Germanie and Holland and other Countries know not what punishment hangeth ouer their heads so whosoeuer shall obserue the course of times and Histories shall finde that few Princes haue long prospered who haue persecuted the Romane Church and faith or haue been by her excommunicated or deposed 26. Wherfore Kings and Princes that contemne and despise the Church remember you are Men and that your Kingdome is subiect to a higher state of the Church Feare her glaiue that striketh euen the soule and spirit And if you will raigne long and prosperouslie here imitate those Constantines Martians Theodosius Pipins Charles the Great Lewis and others who were more glorious for amplifying the Churches Immunities and Demaines then for exteÌ„ding their Empire more renowned for the Churches and Monasteries they founded theÌ„ for the Cities and Castels they builded who by obeying honouring and enriching the Church strengtned and enriched their Kingdomes and haue prospered in all their warres and battailes But I will end with S. BERNARDS Counsell which he gaue to CONRADVS King of the Romanes Bern. ep 183. ad Conrad Regem Romam Rom. 13. desiring all Christian Princes to followe it Legi quippe Omnia anima Potestatibus sublimioribus subdita sit c. Quam tamen sententiam cupio vos omnimodis moneo custodire in exhibenda reuerentia summae Apostolicae sedi I haue read indeed Let euerie soule be subiect to higher powers and he that resisteth the power resisteth the ordinance of God which sentence not withstanding I desire and by all meanes warne you ô Princes to keepe by exhibiting reuerence to the highest and Apostolicall seat CHAPTER VII Although the Pope be not direct Temporall Lord and Superiour of the world nor of any part therof by Christs expresse guift and donation but only of the patrimony of Sainct Peter giuen him by Constantine the Great and other Catholicke Princes and confirmed by the consent of the Christian world yet by the spirituall power which Christ gaue him in his predecessour S. Peter Io 21. he may dispose of temporall things and euen of Kingdomes for the good of the Church and Conseruation of her and her faith right and the manner how and in what case he can thus dispose of temporalities is explicated 1. HAuing shewed by manie Arguments in the former Chapter that the Prince neither hath any spirituall Authoritie neither can by his Temporall power entermeddle him self as a Superiour in matters Spirituall and Ecclesiasticall It remaineth that we discusse and examine whether contrarie wise the Pope haue any temporall power or can by his Spirituall power dispose of temporall things A thing I confesse odious to some Princes who can hardly brooke it that you should meddle with their Crownes and Regalities thinking their Crownes so fast sett on their Heads that none but God can plucke them of and imagining they holde their scepters so fast that none vnder God can wrest them out of their hands But yet this question is odious only to such as sett little by the Churches Authoritie or at least preferre the state before Religion and the Temporall aduancement of the Common wealth before the Spirituall good of the Church for otherwise as guiltie malefactours only crie out of the Princes lawes Tribunals good subiects embrace and reuerence them so those Princes only whose consciences accuse them of some disloyaltie towards the Church or who desire to preferre their owne wils before the Churches commandement or to extend their Empire with encroaching on her Demaines and to rule so independentlie as they may not be controlled such Princes I say can not abyde to heare of any Authoritie in the Pope or Church which may restraine them Other Kings who counte it their honour to be obedient Children of the Church and who desire not to raigne ouer their subiects but so as God and his Church
pag. 90. VVhat sayth our learned Country man Doctour SANDERS yf the Bishop should see a souldiour running through the streets with his sword drawn readie to kill euerie one that meeteth him might not the Bishop command some to take his sword from him for the defence of the people and especiallie the Clergie if he may giue one commission to take the sword in such a case from the souldiour why might he not take it from the Captaine yea Prince and Emperour 2.2 q. 10 art 10. Hence it is that the Angelicall Doctour S. Thomas sayth that the Church may free Christians from subiection to Pagan Princes and take from the Princes their Prelacie and Dominion ouer them Yea he sayth that the Church may though she vse not so to do free also Christians subiect to Pagan Princes though the Princes be not subiect temporallie to the Church 6. Secondlie hence I gather The secōd sequel that the Church may make not onlie defensiue but also offensiue warre against any other Prince or Common wealth that shall notably molest or persecute her or invade her Ecclesiasticall right For the Church is an absolute Common wealth subiect at least in Spirituall matters to no other Wherfore as England if it were notably wronged by France might wage warre euen offensiue against it and might not onlie defend it selfe from present wrong but might reuenge it self also of iniuries past so may the Church make warre euen offensiue against both Christians and Pagans for maintenance of her right for although Pagans by reason that they are not baptized and so not subiect to the Church can not be excommunicated or otherwise Spiritually punished by her as rebellious Christians may yet they may be temporally punished by temporall warre in regard that they are subiects as much as is required to inflict temporall punishments ratione delicti by reason of the wronge For so France is not now subiect to England and yet if it should wrong England notably England might punish it by temporall warre because it is subiect at least in this respect ratione delicti by reason of the offence and wrong offred And if the Church may wage warre offensiue against Pagan Persecutors whome she cannot punish Spiritually much more may she against Christian persecutours and Spirituall Tyrants that inuade her right and persecute her faith else she were not an absolute Common wealth nor had not sufficient Authoritie to defend and maintaine her state The sequel 7. Thirdlie If one absolute and independent Common wealth may wage warre defensiue and offensiue against another which is iniurious though otherwise not subiect much more may the Church against the Ciuill Common wealth seing that this is an inferiour state and truly subiect in Spirituall matters For if when two absolute and indepēdent Common wealthes are opposite that which is nocent and offereth wrong must yeeld to that which is innocēt and endureth wrong though otherwise it be neither subiect nor subordinate much more when the Ciuill Common wealth is opposite to the Church and that offreth wrong this receaueth ought the Ciuill Common wealth to yeeld to this it being not altogether absolute but subordinate and subiect therunto 8. But our Aduersaries obiect that the Church hath no Temporall An obiection but only a Spirituall sword and so can onlie excommunicate and inflict Censures but can neither defend nor offend by Temporall armes but rather when her Spirituall sword will not suffice she must haue patience hauing no other weapons to vse And to this purpose they cite those wordes of S. PAVL 2. Cor. 10 The weapons of our warfare are not carnall and those also of the same Apostle 2. Tim. 2 No man being a souldiour to God intangleth him selfe with secular businesses Yea they vrge euen these wordes of our Sauyour Mat. 26. Retourne thy sword into his place And they tell vs plainlie that the Church that is Ca. Clerici c quicun que 20. qu. 8. cap. cos qui 20. q. 3. The Answer Clergie men are forbidden by her own Canōs to make warre To this I haue an easie answer yea many answers First I answer that the ordinarie weapons of the Church are spirituall but when they will not serue for her defence in some cases she may vse temporall armes Secondlie I answer that the Church hath none but Spirituall armes that is spirituall power but by this power she can not only punish Spiritually but also Temporally and by it she can not only dispose of spirituall goods but euen of the Temporall when it is necessarie to conserue the faith and authoritie of the Church Thirdly to answer distinctly to euerie parcell of the obiection I say that the first place is vnderstood of the spirituall power of the Church which is not Temporall nor carnall but spirituall but as this power directlie and ordinarilie medleth only with spirituall matters and pumshments so indirectly and in some cases for the necessarie defence of the Church it can command the Temporall glaiue and handle it also when Princes at her commandement will not vse it to her end The other place forbiddeth only Clergie men to be to much sollicitous and studious about Temporall affaires The third place only forbiddeth to vse the sword for reuenge and by priuat authoritie And therfore after CHRIST had bidden S. PETER put vp his sword 1. Pet. 2. he addeth that all that take the sword shall perish with the sword which must needs be vnderstood of priuat men who indeed take it but receaue it not from authoritie For the Magistrate who receaueth the sword from the Prince may and must vse the same for the punishment of malefactours As for the alleaged Canons which forbid Priests and Religious to goe to warre I graunt that ordinarily they must not goe to warfare because it is not beseeming their function and is for that cause forbidden but yet by dispensation of the Chiefe Pastour they may D. Th. 2.2 qu. 40. a. 2. ad 3 Caietan ibidem Bannes ibid. dub 2. cou 2. dub 3 con 1. Couar Relect. in Clement Furiosus p. 2. §. 3. n. 2. and in case of great necessitie as if otherwise the Common wealth could not be defended they may and must euen without dispensation because to this they are bound by the law of Nature frō which the law of the Church doth not derogate no more then Grace doth from Nature as all Diuines do auouch If Priests then may fight and vse their temporall sword and armes for the necessarie conseruation of the Common wealth much more may they for the defence of the Church 9. And certes if the Church could not do this in such case of necessitie CHRIST had not sufficiently prouided for her nor giuen her that Authoritie which is requisite to euerie absolute Common wealth For what if Turkes and infidels should inuade the Church ruine her Temples and Monasteries despoile her of her Bishopricks and benefices
Albestanensis Bishop Hugo de Sancto Victore Henricus de Gandauo Vlricus Dionysius Carthufianus Ioanues Driedo Albertus Pighius Iacobus Latomus Conradus Brunus and to these may be added Adolphus Schulkenius and Lessius 6. Out of England he bringeth Alexander of Hales a learned Professour of Diuinitie and Maister to S. Thomas of Aquin and S. Bonauenture Holcot Franciscus Maironus Ioannes Bachonus Thomas VValdensis Prouinciall in his time in England of the order of Carmelites and one of the learnedst of his age Cardinall Pole Doctour Sanders To whome may be added Cardinall Allen in his Apologie and Answer to the libeller Doct. Stapleton Mr. Reynolds and diuers others of our learned writers since King HENRIE the Eight his time 7. Dareth now our aduersarie shew his face against such an ample Senate of Doctours and learned men can he thinke him selfe a good Catholicke that holdeth against Catholick Councells Chiefe Pastours Doctours yea and the Catholicke Church which neuer dissented from her Doctours and Pastours He will say that he wanteth not Doctours also O the Doctours I graunt he may alleadge Hereticks for his opinion for in this he conspireth with them for although as wee shall see anone they arrogate to them selues this power yet they denie it to the Pope Nay sayth VViddrington I haue Catholicke Doctours also to countenance my opinion and to free it from Heresie yea temeritie And who be these his Authours He alleageth Occam Ioannes Parisiensis Dante 's the Poet Almainus Ioannes Maior Hugo Vulcurunus Albericus and others But either these Authours were Schismatickes as Sigebert or they expreslie auerte the contrarie to that for which he alleadgeth them as Ocham and Almaine or finally they neither affirme the Popes power nor denie it in deposing Princes And so onlie fiue or six as Dante 's the Poet Sigebert the Schismatick Barclay Bochell and Lescherius expreslie holde with VViddrington Schulck pag. 131. as Schulckenius hath shewed particularlie of euerie one of the authors he alleageth And what are these obscure Authonrs to Scriptures Councels Popes Practise of the Church so many learned Authours of Italie France Spaine Germanie and England as are produced But that the Reader may see more plainelie how little authoritie Widdrington purchaseth to his opinion by his Authours I shall examine some of them in particular 8. Apol. n. 4 Disput Theolog. sec 3. c. 3. n. 4. New yeares-guift pa. 54. VViddrington in his Apologie and Theologicall Disputation and Newyeares guift alleageth out of Ioannes Azorius diuerse Authours as patrones of his opinion and seemeth to endeauour to bring in AZORIVS him selfe amongest them though by the head and shoulders IOANNES AZORIVS a famous Iesuit sayth he affirmeth that it hath euer been a great controuersie betwixt Emperours and Kinges on the one side and the Bishops of Rome on the other whether in some certaine cases the Pope hath a right and power to depriue Kinges of their Kingdomes c. And he alleageth diuerse Authours out of Azorius who fauour his opinion But First although he might haue some reason to alleage those Authours yet I can not see what reason he had to alleage them out of Azorius for if he would therby make his Reader beleeue that Azorius alloweth his opinion for probable in that it is countenaunced by these Authours by him alleaged he abuseth his Reader for that AZORIVS condemneth these his Authours and cōsequentlie him selfe verie deepelie whosoeuer pleaseth to reade AZORIVS shall see that he disputing this Question alleageth for the first opinion Tom. 2. lib. 4. instit moral c. 19. which denieth the Pope Authoritie of deposing Princes in some cases Lutherans Caluinistes and Marsilius Patauinus an hereticke and after that he sayeth non longè ab his fuerunt Gulielmus Ocham c. not farre different from these heretickes were William Ocham and Ioannes Parisiensis Deuines and Dante 's the Flonentine Poet and Almainus tract de suprem potest laicâ quaest 3. Maior in 4. dist 24. quaest 3. concl 3. who haue followed Ocham And then he addeth hauc sententiam Marsilij temerariam errorem continentem ipse Marsilius alij colligere se arbitrabantur imprimis c. This temerarious opinion and which containeth errour Marsilius and others thought they might gather first c. And after that he addeth reuera nisilabi errare velimus negare omnino non possumus penes Romanum Pontificem esse iure diuino vtramque potestatem trulie if we will not be deceaued and erre we can not at all deny but that the Romane Bishop hath bath authorities Tom. 2. lib. 10. Instit mor. c. 6. And after he prooueth this out of the canon Law by Diuines also and Lawiers The same Azorius addeth to these fauourers of VViddringtons opinion Hugo Michael vulcurunus and Albericus but condemneth them and prooueth out of Bartolus l. 1. ff de requirendis reis § vlt that Dante 's was after his death almost condemned of heresie and he alleageth Antonius 3. p. tit 21. cap. 5. § 2. who sayeth that Dante 's in hoc errauit erred in thu and so is put in the Index amongst prohibited authours and his booke of Monarohie condemned and of Albericus he sayeth he is cautè legendus warilie to be read and confuteth what he saith Wheras therfore Azorius sayeth that it hath euer been a great contronersie betwixt Emperours and Kinges on the one side and the Bishop of Rome on the other c. whence VViddrington would in ferre that his opinion were disputable and probable Azorius meaneth not that it hath been a controuersie betwixt Bishops of Rome and all Emperours and Kinges for seing that he coūteth this opinion of VViddrington temerarious and erroneous therin he should condemne all Emperours and Kinges of temeritie and errour but he meaneth schismaticall or hereticall Emperours and Kinges especiallie such as the Bishops of Rome haue deposed who to holde their crownes stood to it that the Pope could not depose them wherupon their followers complained of GREGORIE the seuenth And therfore in GREGORIE the seuenth his time when the greatest controuersie was about rhis matter none but the Emperour deposed and his followers Schismatickes as he was did contradict the Popes sentence of deposition yea then the Kinge of England William the Conquerour Alphonsus Kinge of Castile Philip King of Fraunce Kanuius King of Denmarcke Count Robert of Flaunders and other Princes held league and amitie with GREGORIE the seuenth against the Emperour and his Antipope Baron tom 11. an 1084 Et anno 1085. n. 11. 12 in Greg. 7. Epist ad Greg. 7. quam referunt Magdeburgēses Cent. 11. cap. 8. de Schismatibus circa med as may be seene in Baronius in his eleuenth Tome Yea the Emperour deposed pleading that he could not be deposed but for heresie confessed that he might haue been deposed for heresie Traditio Patrum est sayth he me solius Dei iudicio obnoxium esse nisi quod absit a
to my Soueraigne speake no more of him then any other Prince but abstracting from all Princes factes and cases in particular I intend onlie to dispute as I haue hetherto of the Popes Right and Authoritie ouer Princes in generall The First Clause of the Oath I. A. B. do trulie and sincerelie acknowledge professe and testifie in my conscience before God and the world that our Soueraigne Lord King Iames is lawfull and true King of this Realme and of all other his Maiesties Dominions and Countries 12. I will not stand much with WIDDRINGTON about this clause because all Catholicks will acknowledge his Maiestie that now is for their Prince and King and will sweare also fidelitie vnto him in all Temporall matters and this Oath hath bene offered by the Catholicks in an Epistle they wrote to his Maiestie which others also haue offered and for better notice and in argument of their true meaninge published their offer in print This then is one reason which maketh Catholicks to suspect that in this Oath couertlie is intended a denyall of the Popes spirituall supremacie For if the Prince and his Magistrate intended only Ciuill and Temporall Alleageance why did they not propose this Oath in the ordinarie tenour and termes of a Ciuill oath with which the former Kings of England and all Catholick Kinges of other Countries euen to this day content them selues Why bring they in the Popes Authoritie which other Princes leaue out But they knew that Catholicks would neuer haue refused such an oath and therefore to trouble and engage their consciences to haue thereby some pretence to seaze vpon their liuings and goods and to vexe their persons they deuised this Oath Which their manner of proceeding may make Catholicks iustlie suspect that some thing is intended to which in conscience they cannot agree and consequentlie oathes conscience and Religion being so nice and daungerous matters if there were no other reason then this In his Newyearesguift num 8. pag. 37. the Catholicks haue iust cause to make not only a scruple but also a conscience to take it And therefore Widdrington him selfe in his Newyeares-guist confesseth at least that in the beginning and why not still Catholickes might iustlie suspect this oath to be vnlawfull 13. Suarez Gretzerus Hence it is also that some writers make a scruple of those wordes Supremus Dominus Soueraigne Lord because the Oath being of it self suspicious and the King of England by his ordinarie Title giuen him by Parlament being stiled Supreame Head of the Church which dignitie the Bishops and Diuines of England affirme to be annexed to the Kinges Regalitie iure diuino as we haue seen aboue Chap. 6. they feare least a snake lie hid in the grasse and a pad in the strawe and that vnder that Title of Supreme or Soueraigne Lord is couertlie vnderstood Supreame Head of the Church of England not only in Temporall but also in Spirituall causes But because these wordes Soueraigne Lord may be taken in that good sense which ordinarilie they import and are not put ex parte praedicati but only ex parte subiecti for by this clause the swearer sweareth not that his Maiestie is Supreame or Soueraigne Lord but only that our Soueraigne Lord is true and lawfull King I will not much stand about them 14. For as if one should sweare that the Archbishop of Cantetburie is trulie a persecutour of Catholicks he should not sweare that he is trulie Archbishop but onlie that he who is called Archbishop of Canterburie is truly a persecutour so by swearing that our supreame Lord King IAMES is true and lawfull King we do not sweare that he is Soueraigne or Supreame Lord but only that he who is so stiled is our Prince and King which no English Catholicke will refuse to sweare But howsoeuer Catholicks haue good cause to suspect all things in this vnwonted Oath it being not the ordinarie Oath of Alleageāce which the Kings in other Countries propose and wherewith the Kings of England contented them selues till they began to seuer them selues from the true Catholicke Romane Church for true Catholicke and Romane euer went together and to banish out of their Realme all Papall Authoritie as an enemie to their state which other Princes do retaine and euer haue reuerenced and maintained as the Chiefe support of their Kingdoms And that which augmenteth the suspition is for that his Maiestie him selfe seemeth to make doubt of this Oath and so it seemeth daungerous either for the Magistrate to propose it or the subiects to receaue it For these are his Maiesties wordes vttered in the Parlament an 1606. Some doubtes haue been conceaued in vsing the Oath of Allegeance and that part of the Act which ordaineth the taking therof is thought so absurd as no man can tell who ought to be pressed therewith For I my selfe when vpon a tyme I called the Iudges before mee at their going to their courts moued the question vnto them wherin as I thought they could not reasonablie auswer So that this obscuritie in the Oath should first be cleared least swearing to that which wee vnderstand not wee expose our selues to periurie The Second Clause And that the Pope neither by him selfe nor by any authoritie of the Church or Sea of Rome or by any other meanes with any other hath any power or authoritie to depose the King or to dispose of any of his Maiesties Kingdomes or Dominions or to authorize any forraine Prince to anoy him or inuade his Countries or to discharge any of his subiects of their Alleageance and obedience to his Maiestie or to giue licence or leaue to any of them to beare Armes raise tumultes or to offer any violence or hurt to his Maiesties Royall person state or gouernment or to any of his Maiesties subiectes within his Maiesties Dominions 15. Widdr. in disp Theol. in exam huius clausulae This clause sayth VViddrington is Petra illa scandali lapis offensionis that Rocke of scandall and stone of offence at which so many of this age as well learned as vnlearned haue stumbled And in deed to VViddrington him selfe it hath beene such a Rocke of scandall but by his owne fault for many haue passed it with out either falling or stumbling that he hath not onlie stumbled and fallen at it him selfe but by his fall he hath beene the cause of the fall and ruine of many an hundred For if August serm 14. de Sāctis Act. 7. 22. as S. AVGVSTIN sayth S. PAVL by holding the garments of those that stoned S. STEVEN did more stone him then any of the stoners them selues Magis saeuiens omnes adiuuaudo quà m suis manibus lapidando Certes Widdrington persuading by his bookes that the Oath is lawfull sinneth more damnably then any one of them that take the Oath yea taketh it in euerie one of them and stumbleth and falleth in them all and consequently more then them all But vae homini illi
3. which S. AVGVSTINE sayth is a greater euill then to be killed by a sword consumed by fier or cast vnto wild beastes to be deuoured who doubteth but that he should be called the principall cause of the deposition he compelling the subiectes therunto by so great a punishment 40. Likewise as a forreine Prince may and is bound sometimes to defend Innocents so the Pope may licence and authorize yea and commaund him so to do he hauing authoritie as VViddrington auoucheth to commaund a Prince in tēporall matters and if at the Popes commaundement this Prince make warre vpon the Prince that intolerably molesteth Innocents in their faith and Religion as Victoria in the place before alleaged saith he may that which the Prince shall doe against the other tyrannizing Prince in the pursewing of his iust warre the Pope shal be said to do hee being the commaunder and consequently the principall agent And yet by this Clause of the Oath the subiects are commaunded to sweare that the Pope hath no authoritie to authorize any forreine Prince to anoy the King of England or to inuade his countries which is to abiure at least a probable opinion as certainely false which how it can be done with a good conscience I report me euen to VViddringtons large conscience But be this spoken to shew the daunger of swearing this Clause not to giue any scope against Kings or Princes whome I honour as God his Images and his Vicegerents in Earth The Third Clause Also I sweare from my heart that notwithstanding any declaration or sentence of excōmunication or depriuation made or graunted or to be made or graunted by the Pope or his successours or by any authoritie deriued or pretended to be deriued from him or his Sea against the said King his Heires or successours or any Absolution of the sayd subiects from their obedience I will beare faith and true alleageance to his Maiesti◠his Heires and successours and him and them will defend to the vttermost of my power against all conspiracies and attempts what soeuer which shal be made against his or their persons their crowne and dignitie by reason or colour of any such sentence or declaration or otherwise and will do my best endeuour to disclose and make knowne vnto his Maiestie his heires and successours all Treasons and Trayterous conspiracies which I shall knowe or heare of to be against him or any of them 41. Widdr. in Disp Theol. ca. 4. sect 1. n. 1. seqq Here VVIDDRINGTON insulteth against the learned Cardinall Bellarmine though the Phoenix for controuersies of this our age Cardinall Bellarmine sayth he Gretserus and Lessius contend that by this Clause is denyed to the Pope power to excommunicate which yet sayth he this Clause seemeth to suppose and the King professeth he had not the intention to denie But although this Clause seeme to suppose and the King in wordes seemeth to confesse or at least not to denie the Pope Authoritie to excommunicate yet in effect they denie it For depriuation of Regall Authority being an effect of excommunicating which ordinarily followeth excommunication of Kings and Princes in the deniall of the effect the cause is denied For as if you should say A man is not risibilis you should denie him to be homo so in denying that the Pope can depriue Princes of their Kingdomes you denie in effect tha he can excommunicate 42. Here WIDDRINGTON in his Newyearesgift insulteth against me for saying as he makes me to say that depriuation of Regall Authoritie is an effect of Excommunication as necessarilie following Excommunication as risibile followeth homo But if we looke into the matter narrowlie we shall finde he triumpheth before the victorie and counteth his chickins before they be hacht For first if we speake of the power of Excommunication and depriuation of which I speake but two lines before these wordes at which VViddrington carpeth I had shewed in the seauenth Chapter before that the power to excōmunicate which the cbiefe visible Pastour hath is one and the selfe same power with the power of depriuation and deposition which one power hath two actes and effectes the one principall and first intended called actus primarius and this is Excommunication or such like spirituall Censure and punishment the second is depriuation deposition and such like Temporall chastisement and correction which is actus secundarius a secundarie acte of the Chiefe Pastours spirituall power secondarilie intended when the first will not preuaile And these two actes are necessarilie belonging to the Popes spirituall power of Supremacie not that this power must needes alwayes exercise both or either of them but because the Pope can not haue this power but he must haue facultie to exercise them when a iust cause requireth it and so these two actes being necessarilie belonging to the Popes Supremacie he that denyeth him power to depriue or depose a Prince denyeth in effecte that he hath power to Excommunicate it being one and the selfe same power because the denyall of an effect necessarilie belonging to a cause is a virtuall denyall of the cause euen as to deny that fier can heate or rarifie is to deny it to be fier and to deny a man to be risibilis is to deny him to be man Secondlie if we speake of these two actes of this power although WIDDRNIGTON knoweth that the learned SVAREZ alleaged by him 2. p. Append contra Suarem sec 4. affirmeth that the suspension of Kinglie Authoritie is an effect of the acte of Excommunication I did not say that depriuation is alwayes an effect of the acte of Excommunication well knowing that although both these are so necessarilie belonging to the Popes power of Supremacie that it can not be without possibilitie of exercising them yet it is in his free choise to exercise either both or either of them and so he may excommunicate and not depriue and he may depriue as he did King CHILDERIC See Cap. Alius 15. q. 6. alleaged by me pag. 250. and not excommunicate And therfore I sayd onlie that depriuation of Regall Authoritie being aneffect of excommunication which ordinarilie followeth Excommunication of Kinges and Princes in the denyall of the effect the cause is denyed c. where WIDDRINGTON leaueth out those wordes which ordinarilie followeth because those wordes would haue made it plaine that I say not that depriuation is an effect of Excommunication in all Excommunicate persons but in Kinges and Princes nor alwayes in excommunicated Princes because a Kinge may be excommunicated and not deposed and he may be deposed as CHILDERIC King of Fraunce was and not Excommunicated but oftentimes and ordinarelie Cap. Alius 15. q. 6. because the Chiefe visible Pastour vseth not by name to excommunicere a Prince but he also ordinarilie especiallie in these later Ages deposeth him and for two reasons also the one because he ought not ordinatilie to proceede to so seuere a temporall punishment before he haue tryed whether the
I will doe all these three things as I may sweare without daunger of periurie that the Pope can not depriue a Prince But out of these wordes of WIDDRINGTON I will frame this argument against him selfe I can noe more sweare these three thinges then I can sweare without all daunger of periurie that the Pope can not depriue a Prince but I can not without daunger of periurie sweare that the Pope cannot depriue a Prince ergo I cannot sweare these three things without daunger of periurie The maior proposition is WIDDRINGTONS the minor I haue often prooued because itis at least probable euen by WIDDRINGTONS confession that the Pope can depriue a Prince and if it be probable that he can it may be true if it may be true there is daunger of periurie to abiure it and so the Conclusion followeth to wit that I caÌ„ not sweare these three thinges without daunger of periurie The Sixt Clause Which Oath I acknowledge by full and lawfull Authoritie to be proposed vnto me and do renounce all pardons and dispensations to the contrarie 59. In this Clause the swearer acknowledgeth that this Oath is proposed by full and lawfull authoritie which notwithstanding is not at least so certaine a thing as that a man may sweare it For although the Magistrate haue authority to propose an Oath of meere Ciuill alleageance vnto lay subiects yet he hath not anthority to propose such an Oath as this which as I haue prooued containeth so many thinges not to be sworne and so much derogateth to the Authoritie of the Pope which for so long a time he hath possessed and practised And especially the Magistrate can not pronose this Oath to all sortes of people seeing 〈◊〉 can not be without morall daunger of periurie much lesse can he propose it to Priests whose Ecclesiasticall immunitie freeth them from Magistrates and Temporall Iudges interrogations and Tribunals Ca. quâ—quam de Censibus in 6. Ca. aduersus cap. non minus de Immunit Eccl. and who only are to be examined by their Bishops and Ordinaries and by them to be punnished when they offend and not by any Temporall Iudges vnlesse the fault be so great that the Bishop thinketh it meet to degrade the delinquent and to deliuer him to secular power And so it being a thing at least verie doubtfull whether the Prince and Magistrate haue authority to propose such an oath yea it being euident that they cannot because as aboue is prooued it is euident that it containeth many things which are against faith and Authoritie of the Church and Councells the Prince and Magistrate can haue no authoritie at all much lesse full and lawfull Autho itie to propose this Oath And so neither can this Clause be admitted 60. Adde to this that what soeuer VVIDDRINGTON saith the King and Parlament by this oath do take vppon them to decide what power the Pope hath from Christe the Authour and S. Peter the Popes first Predecessour for what is it other to determine and decide a question then to declare that one parte of it is to bee beleeued and followed towitt that the Pope cannot depriue or depose a Prince and that the contrarie is to bee abiured as impious and hereticall And if anie Doctour of the Church should define this question or anie other how can he determine more playnlie and resolutelie As for Example the Church defineth that there are 7. Sacraments and pronounceth Anathema against the contrarie opinion which saith there are but two or not 7. Doth shee not in this define the question Euen so our Prince and Parlament by this oathe haue decreed that the Pope can not depose or depriue a Prince and they oblige the Subiect to sweare this parte and to abiure the contrarie as heresie Is not this then to determine 61. Whereas Widdrington alleageth Disp Th. c. 7. n. 11 that the facultie of diuinitie in Paris and Mentz doe oblige those that are to proceed Doctours not to teach or preach publiquelie that our B. Ladie was conceiued in originall sinne and yet doe not define the controuersie this maketh rather against him for they also doe in this define and though not absolutelie yet as much as by theire authoritie they can and therfore they doe not oblige their subiects to abiure as heresie the contrarie opinion of the Thomists for that were absolutelie to determine and to arrogate the Popes authoritie wherefore seing that the King and Parlament doe oblige Catholickes to abiure as heresie and vnder the penaltie also of a Premunire that the Pope cannot depriue or depose a Prince it followeth that they absolutelie determine of such a spirituall proposition and matter of diuinitie against the Practise of manie Popes and against the decree of the Lateran Councell and so in this they Challenge to them selues the Popes or Churches Authoritie to which it appertaineth to define what is heresie and consequeÌ„tlie to sweare that this oathe is proposed by lawfull Authoritie is to sweare in effect that the King and Parlament haue spirituall Authoritie and that the King is supreame Head of the Church of England and hath Authoritie to define what proposition is hereticall At least this Argument maketh it doubtefull least this Clause importeth thus much and so is not to bee sworne The Seuenth Clause And all these things I do plainlie and sincerelie acknowledge and sweare according to the expresse wordes by me spoken without any equiuocation or mentall reseruation whatsoeuer And I do make this recognition and acknowledgment hartilie willinglie and trulie vppon the true faith of a Christian So helpe mee God 62. Diuines affirme that the guiltie D. Th. 2. 2. q. 69. a. 1. Caiet ibid. Henric. quodl 1. q. 44. Petrus Nauar li. 2. de restit or supposed guiltie is not lawaies bound to answer according to the Iudges meaning and intention if the Iudge do not make his interrogations iuridicallie The same Diuines affirme that a Iudge doth not make his interrogations iuridicallie when he questioneth about any secret thing of which there is not some fame cap. 4. n. 136. Lessius lib. 2. de iust iure cap. 31. dub 3 alij Vide cap. qualiter quando ca. Inquisitionis dâ— Accusationibus or report against the supposed guiltie or when he examineth things which pertaine not to his Court but rather to the spirituall Court or when there is not semiplena probatio or sufficientia indicia or when the supposed guiltie knoweth him selfe innocent for then he is not bound to answer according to the Iudges intention but may equiuocate Likewise when he knoweth him selfe innocent and yet if he confesse the circumstance which is demaunded he should be presumed nocent he may denie it with an equiuocation As for example if one had been present when his companion without his consent killed another if the Iudge aske whether he was not present he may denie it meaning he was not so present as to consent or
the Synagogue yet could it not thence be inferred that Princes are to gouerne the Church of Christ For first the Synagogue was more terrene and Lesse perfect then the Church and so as their sacrifices and Priests were terrene in respect of ours so God might haue giuen them terrene Princes for their chiefe Ecclesiasticall superiours which manner of gouernment is not to be made a patterne for the gouernment of the Church of CHRIST this being a more perfect common wealth more spirituall gouerned by more spirituall Pastours enriched with a more spirituall sacrifice and Sacraments Secondlie if Princes then were rulers of the Synagogue it was by Gods speciall and Indiciall law and seing the Iudiciall and Ceremoniall lawes are abrogated they can not binde Christians or if Bilson will needs haue it that Christian Princes must now gouerne the Church because they then ruled the Synagogue one might inferre that the Ministers of England must be circumcized and must offer Caldes because then the Iewish Priests did so VVherfore that law as Ceremoniall and Iudiciall being abrogated we must looke to the new law in which not withstanding there is no one Text or example that giueth Princes the rule of the Church Thirdlie I answere that none of all the Kings alledged by D. Bilson and D. Andrewes did gouerne the Synagogue in Ecclesiasticall matters but did onlie assist the priests that gouerned and punnished Malefactours and transgressours of the law Suarez according to the prescript of the law interpreted by the Priests as Suarez in his answere to our soueraine hath learnedlie declared 6. The second argument against Princes spirituall supremacie shall be this If a Prince hath authoritie to gouerne the Church of his Kingdome either he hath it preciselie because he is a King or because he is a Christian King but by neither of these waies he hath it ergo by no way he hath it Not because he is a King for Kinglie power only medleth with temporall and humane matters and therfore Kings are called Humanae Creaturae 1. Petri. 2. humane creatures and they haue their authoritie from the people in manner afore sayd which people can giue no Ecclesiasticall power that being spirituall and supernaturall yea if Kings as Kings had this Authoritie then the Kinges which raigned in the Apostles time though Infidels should haue been Heads of the Church although they were no members at all and consequentlie NERO should haue been Head of the Church and all the Apostles and the sheepe of Christ had bene committed to a Rauening Wolfe which though it be most absurd to imagine yet TOMSOM as BECANVS in his booke entituled the English Iarre reciteth is not ashamed to auouch it saying Omnes Principes etiam Pagani obiectiuè habent supremam potestatem in omnes omnino personas suorum subditorum generatim in res ipsas siue ciuiles sunt siue sacrae All Princes euen Paganes obiectiuelie haue supreme Authoritie ouer all the persons of their subiectes and generallie ouer their goods whether they be Ciuill or holy Not because he is a Christian King because Baptisme by which he is made a Christian and member of the Church giueth the King no new power no more then it doth to others that are baptized And therfore if before Baptisme he be no Head of the Church neither is he after Baptisme rather Baptisme as aboue we haue seene maketh him a subiect to the Church wheras before he was not and only giueth him a new charge to obey serue and assist the Church VVherby it may appeare how fowlie Doctour ANDREWS was deceiued when he sayd That an Ethnick King when he becommeth a Christian gaineth and getteth a new right and power ouer the Church and Spirituall matters for these are his wordes Quin Rex quiuis Tortura Torti pag. 40. cum de Ethnico Christianus fit non perdit terrenum ius sed acquirit ius nouum in bonis Ecclesiae spiritualibus Yea euery King when of an Ethnike he becometh Christian doth not loose his terrene right but getteth a new right in the spirituall goods of the Church And Citing Bellarmine he sayth Omnia haec Dominus tuus totidem verbis All those things thy Master Bellarmin in so many words affirmeth Bollar lib. 5. de Pont. ca. 2. 3. as though Bellarmine had affirmed that a Pagan King were Head of the Church and had right and power in spirituall matters whereas Bellarmine is too learned to make so grosse an errour and only affirmeth That Pagan Kings are true Princes and Lords of their Countries 7. But perchance they will say that the Prince hath this Authoritie by a speciall Graunt from God him self This they may say but with how little reason may appeare by that which alreadie I haue handled in this Chapter for I haue prooued out of scripture that Christ gaue all Authoritie concerning the gouernment of the Church to his Apostles and their successours and not any at all to Kings and Princes VVhich because our state pleasers perceaued well enough they are enforced to play the Iewes and to alledge examples out of the old law as D. Bilson and D. ANDREWS do which examples not witstanding as I haue shewed do not firt their purpose for they knew and D. ANDREWS confesseth saying Exemplum inde nobis snmendum est Tortura Torti pa. 363. cum in Testaemento nouo nullum habeamus Thence wee must take an example since in the new Testament we haue none that there is not one text or example in the new Testament that giues Princes any power ouer the Church but rather giueth it from them vnto the Pastours 8. Thirdlie if Princes were supreme Commanders in Ecclefiasticall matters and gouerment of the Church the gouernment of the Church should not be Monarchiall which yet is the best gouernment Aristoâ— l. 8. Eth c. 1â— Plato in Poli. Senec lib. 2. de Benef Plut. in opusc â—a de re Homer 2. Iliad Iustorat ad gent. Athan. orat ad Idola Gypr lib. de vanit IdoloruÌ„ Mat. 16. Ioan. 21. as Aristocle with all the best Philosophers and auncient Fathers do affirme and was in deed chosen by Christ for his Church as the writers of this time prooue out of scripture and especiallie out of those wordes spoken to S. Peter Thou art Peter and on this Rocke will I build my Church and those also Pafce oues meas seede my sheepe but rather if Kinges were euerie one head of the Church in their Kingdomes the gouernmeÌ„t of the Church should be Aristocraticall because the Church should be gouerned by diuers Princes which were most inconuenient in the Church and subiect to schismes and tumultes For if euerie King be supreme Head in his Kingdome when a Generall Councell should be called as his Maiestie of England desireth I demand who should call it The Emperour the Kinges of England Spaine and France though they giue him precedence in place and honour yet they pretend by prescription and