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A04779 The right and iurisdiction of the prelate, and the prince. Or, A treatise of ecclesiasticall, and regall authoritie. Compyled by I.E. student in diuinitie for the ful instruction and appeaceme[n]t of the consciences of English Catholikes, co[n]cerning the late oath of pretended allegeance. Togeather with a cleare & ample declaratio[n], of euery clause thereof, newlie reuewed and augmented by the authoure Kellison, Matthew. 1621 (1621) STC 14911; ESTC S107942 213,012 425

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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
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 Machab●et were Priests and Princes yet it is most conuenient that these two powers should be separated the King and Prince by reason of his warres and Temporall Affaires wherwith he is intangled being not so apt to menage matters of the Church and Religion the Prelate and Pastour being by office obliged to attend to diuine matters from which the menaging of common wealthes affaires would much distract him And therfore as the Church came to greater perfection Num. 27. so were these offices giuen to distinct officers For IOSVE was made Captaine and Commander in Temporall things 2. Paralip 19. ELEAZAR was the High Priest and chiefe in matters of the Church AMARIAS the High Priest commanded in his quae ad Deum pertinent in matters pertaining to God and ZABADIAS was deputed to the gouernment of those thinges that
he may make Ecclesiasticall lawes propose the word of God by preaching and true interpretation of it in Councels separate heretikes from the sheepefould by excommunication least they peruert others Yea if the Prince be supreme Head of the Church all Authoritie of preaching administration of Sacraments calling Councels iudging and defining in them collation of Benefices giuing of orders Iurisdictions absoluing dispensing excommunicating proceedeth from him VVherefore King HENRIE the Eight as he challenged the Title of supreme Head so he challenged almost all this Authoritie as we haue seene And to Queene ELIZABETH in the first Parlament and first yeare of her raigne the like authoritie was graunted Vide Sander de Schis Angl. fol. 149.150.151 See also Poultons Abbridgement of the statutes For in that Parlament it was decreed that she her heires and successours should haue all priueledges preeminences prerogatiues and spirituall superiorities which may be exercised or had of any power or man Ecclesiasticall That she and her successours should haue all power of nominating and substituting whom she will to correct heresies schismes abuses and to vse all authoritie which an Ecclesiasticall Magistrate may doe There also it was decreed that no Synode shoulde be called but by the Princes letters and commandement and that a Bishop should not be nominated or elected by any other then the Princes Authoritie nor should exercise any Iurisdiction but at the Queenes pleasure nor otherwise then by Authoritie from her Regall Maiestie And hence it is that the Prince writeth to the Archbishop in this manner For as much as all Iurisdiction as well Ecclesiasticall as secular proceedeth from Kinglie power as from the Head we giue thee Power to promote by these presents to holy Orders c. And the Archbishop of Canterburie vseth this stile VVe N. by the Diuine permission Archbishop and Primat of England authorised sufficientlie by the Kinges or Queenes Maiestie c. This argueth that in England all Ecclesiasticall Iurisdiction to excommunicare absolue to preach and minister Sacraments to call Synodes to decree in them to make Ecclesiasticall lawes c. proceedeth from the Prince as from the Head and fountaine and consequentlie seing that what Authoritie the Prince giueth to others he hath him self hee may excommunicate make Ecclesiasticall lawes call Councels sitt as supreme Iudge in them as others by his Authoritie doe And seing he can giue to others Iurisdiction to giue Orders he may also minister Sacraments preach and teach for this Authoritie he giueth to others And therfore as in all Common wealthes the Prince can do those thinges which his inferiour Officers do though it be not alwaies so conuenient so if all Ecclesiasticall power proceedeth from the King as from the Head and fountaine looke what the Bishops and Ministers can do by Authoritie receaued from him that he also him self may do which yet is so ridiculous that our Princes hitherto haue bene ashamed of manie of those offices and as we shall see anon euen the Protestants of England when they are pressed are ashamed of this monstrous Authoritie 14. Seuenthlie if Christian Kings for few of our Aduersaries dare say that Pagan Kings haue Ecclesiasticall Authoritie be heads of the Church it followeth that till CONSTANTINE or PHILIP the first Christian Emperours the Church was without a head for three hundred yeares If you say that S. PETER and his successours were heads till CONSTANTINE then I demaund who deposed Pope SYLVESTER when CONSTANTINE came to be Christian and consequently Head or if S. SYLVESTER was not deposed then it followeth that there were two Heads at once and those not subordinate 28. Eightlie I prooue this by Kings and Emperours Confessions And as towching Kings wee haue seene their Confessions in the former Chapter As for Emperours CONSTANTINE as we haue seene called the Bishops of the Nicen Councell Ruffinus li. 1. cap. 2. Euseb lib. 4. de vita Constāt cap. 24. his Gods and Iudges and as Eusebius reporteth he was wont to say to Bishops Vos ô Episcopi intra Ecclesiam ego extra Ecclesiam à Deo Episcopus constitutus sum You ô Bishops in affaires with in the Church I in matters without the Church am appointed pointed Bishop by God Meaning that he was to be a vigilant Prince in the gouernment of the Empire but not to meddle with Ecclesiasticall affaires And therfore when the Donatists in a matter pertaininge to the Churches deciding appealed from a Councell of Bishops holden by Pope MEICHIADES vnto him Non est ausus saieth S. August epi. 162. Augustin Christianus Imperator sic eorum tumultuosas fallaces quaerelas suscipere vt de iudicio Episcoporum qui Romae sederant ipse iudicaret He durst not so to admit their complaints as to Iudge of the Bishops who in Rome had sit in Iudgement Yea OPTATVS saieth Optat. lib. 1. cont Parm. circa finem That when he saw they appealed in such a matter vnto him he exclamed O rabida furoris audacia sicut in causis Gentilium fieri solet appellationem interposuerunt O VVood mad audacitie of furie they haue interposed an Appellation as is wont to be done in the causes of Gentils Tortura Tort. pa. 174. VVheras Doctour ANDREWS saith that CONSTANTIN delegated the Bishops to heare the Donatists cause I demande wheron he groundeth that for if he might delegate he might haue iudged of the Bishops sentence and yet S. AVGVSTIN saieth he durst not And although at last ouercome by their importunitie he heard them yet not as Iudge but as an Arbiter THEODOSIVS the yonger sent Counte Candidianu● to the Councell of Ephesus With this caueat That he should not meddle in Ecclesiasticall matters because illicitum est eum qui non sit ex ordine sanctissimoram Episcoporum sese Eccelesiasticis immiscere tractatibus It is vnlawfull for him that is not of the order of most holy Bishops to entermeddle him selfe in Ecclesiasticall treaties and affaires But Doctour ANDREWES answereth Tortura Torti pa. 175. That it is no good Argument to say A Count can not meddle in Councels ergo an Emperour cannot But he should haue remembred that this Count was sent to supplie the Emperours place and therfore if he as the Emperours Ambassadour could not meddle in Councels neither could the Emperour him selfe He should also haue marked the Emperours reason which was because it is vnlawfull for him that is not of the order of Bishops to meddle in Ecclesiasticall affaires which reason aswell excludeth the Emperour as the Count vnlesse Doctour ANDREWES will make all Kings and Emperours Bishops VALENTINIAN the elder saied Sozom. 16 ca. 7. 2.1 Sibi qui vnus è laicorum numero erat non licere se huiusmodi rebus interponere It was not lawfull for him who is one of the layitie to meddle in such matters And although Doctour ANDREWES would expound Zozomen who reporteth this speech of the Emperour by Nicephorus Hist Tri. part lib. 7.
enemies say Deus dereliquit eos persequimini comprehendite eos quia non est qui eripiat Ps 70. God hath forsaken them follow them and apprehende them there is none to deliuer them beleeue them not but rather answere them Non derelinquit Deus praesumentes de se Iudith 6. God doth not forsake them that presume of him Tell them that you are of the Church to which God promised quod non vocabitur vltra derelicta terra eius non vocabitur amplius desolata sed vocabitur voluntas Dei in ea Isa 62. That she shal no more be called forsaken and her land shal no more be called desolate but she shall be called the will of God in her And when you behould Englands present desolate state compare it with her former glorie it had weepe not as the lewes did at the sight of their second Temple ESDRAS 3. For peraduenture Magna erit gloria domus istius nouissimae plusquàm primae AGGEI 2. Great shal be the glorie of this last house more then of the first And peraduenture at this present England though all dustie and slurred with the dust and bloud of this battaile in which she fighteth is more glorious in the eye of God then when she flourished in her Churches Monasteries and Colledges and shined in her golden peace Be not astonished at the sight of the troupes and forces which the enemy hath brought into the field against you nor do you cry at such a fight with ELIZEVS seruant Heu Heu Domine mi quid faciemus 4. Reg. 6. Alas Alas My Lord what shall we doe for there are more with you then with them Lift vp your eyes to heauen and you shal see moe in that mountaine prepared to fight for you then are in the valley of this world that fight against you You shal see your Genera CHRIST IESVS whome S. Steuen saw standing readie to assist you who giueth courage to your heart force to your arme edge to your sworde and who with his heauenly troupes of Saints and Angels fighteth for you and in you else against such forces you could neuer haue consisted much lesse could you haue daiely encreased forces and companies And yet you see your Seminaries where your souldiers are trayned are as full as euer and nowe thankes be to God new forces of new Colledges and Monasteries both of men and woemen whose sexe is not debarred from this warre doe adioyne them selues vnto you armed with as great zeale as euer with as much courage dexteritie in fighting as euer as appeareth by your Atkinsōs Thulises Maxfieldes Helmes who euen this yeare by dying in the fielde discouraged discōfited their olde Aduer saries These troupes of souldiers promisse one day a victorie This seede sowen in teares prognosticateth one day a haruest These materials so well hewed and fashioned assure vs that so wise an Architect as is CHRIST IESVS would neuer haue made them so readie for the building had he not intended the reedisying of our defaced Temple and ruinated Church of England 10. And although your General delay your victorie and suffer you many times to be ficercely assaulted yet it is but to make your victorie more glorious Although when the storme of persecution bloweth so boysterously that your Shippe may seeme in daunger of Shipwracke he seemeth to sleepe and not to heede you yet it is but to make you cry vnto him with S. PETER Domine salua nos perimus O Lorde saue vs we perish Although he seeme sometimes readie to leaue you and to goe from you yet he doth but fingere se longius ire Luc. 24. make semblāce to go further thereby to giue you occasiō to cry with the two Disciples Mane nobiscū Domine quoniā aduesperascit Tarry with vs ô Lord because it waxeth with vs to watdes night ād the day is now farre spēt Although he seemeth to haue takē all humane meanes frō you euē that hope which at the first you put in your Princes presumed Clemencie and noble disposition yet it is but to make you rely more on God and not to put your confidence in Princes in the sonnes of men in whom there is no saluation Ps 145. For otherwise those oppressions of so many Innocēts the equitie and iustice of your cause the impietie and vengeance-crying sinnes of your aduersaries the extremitie of your miseries and afflictions doe pleade for mercie towardes you iustice against them 11. But howsoeuer you must not prescribe God a time nor set him a day as OZIAS did Iudith 7.8 nor must you resolue as he did to deliuer vp the Citie and Church of England to the Enemie vnlesse God send you ayde or succour within a certaine time For then Iudith will reprehende you and demaund sharply of you Qui estis vos qui tent atis Dominū non est iste sermo qui misericordiā prouocet sed potius qui iram excitet furorem accendat Iudith 8. VVhat are you that tempt our Lorde This is no word that may prouoke mercie but rather that may rayse vp wrath and inflame furie Rather you must expect in all patience the time which God hath appoynted assuring your selues that as he knoweth your necessities better then your selues so is he more willing to release them and as able as willing because his power is his will and therefore when it shall be most for his glorie and your good he will lende his helping hande and as you haue expected him so he will be your arme in the morning and your saluation in the time of your tribulation Isa 53. 12. And what can you tell perchance the iniquities of the Amorrheans are at their full Gen. 15. and Gods sword is readie drawen to take a iust reuenge of them perchance the Cup of Englands Martyrs blood which God expected for an expiation for the sinnes of vs and our forefathers is almost brimful and so he will be shortly appeased perchance your louing Father hath almost done the due correction and now is readie to lay the rod aside perchance the destroying Angel whom S. GREGORIE sawe is putting vp his sworde which hath made such a slaughter among you perchance England that all this time of persecution hath trauelled on Christ and endured the throwes and panges of Ghildbirth is now readie to be brought a bed and that she shall forget her former pressure and reioyce to see Christ in England and England in Christ borne againe and shall be more comforted at Englands birth to the Catholike Church then shee hath bene greeued at her death by Schisme and Heresie perchance the cup of teares which God hath giuen you to drincke as a medicinable potion is now almost drunke off to the bottome and he is readie to speake these comfortable wordes vnto you Eleuare eleuare consurge Hierusalē quae bibisti de manu Domini calicem irae eins vsque ad fundum calicis soporis bibisti potasti vsque ad
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
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