cauilleth at the similitude for that saith he as there is not the same reason of the flesh and spirit of the body and soule of sense and reason of earth and heauen of Beasts and Angels of the sheepe and the Pastour especially in the comparing of the subiection and dominion so truely there is not the same reason of the temporall and spirituall power 101 But who seeth not what a friuolous cauill this is Who knoweth not that the body and the soule sense and reason earth and heauen Beasts and Angels Kings and Popes doe agree and are like in somethings and that in those things wherein they agree they may be compared together What man of iudgement would disprooue him that should say that as the body is an imperfect substance and is referred to the soule so the soule is an imperfect substance and is referred to the body as sense is sometimes subiect to reason so reason is sometimes subiect and captiuated by sense as the Pope is head of the Church and of spirituall power so the King is head of the ciuill common-wealth and of ciuill power and to omit that saying of the auncient Glosse f Patricius est Pater Papae in temporalibus sicut Papa est Pater Patricij in spiritualibus which Cardinall Bellarmine with small reuerence to antiquity affirmeth g Bell. contra Barcla c. 13. 16. to be razed out of the Canon law for doting olde age who can iustly mislike the like assertion of the Glosse vpon the twelfth Chapter of S. Marke As the King of France is subiect to the Bishop of Paris in spiritualls and his Lord in temporalls so Christ is the sonne of Dauid according to the flesh and his Lord according to his Dietie What man of learning can deny that although there be not the same reason of Christ and Dauid of the Bishop of Paris and the King of Fraunce of the temporall common-wealth and the spirituall concerning the particular manner of subiection and dominion yet in generall they may agree in this that the one is superiour and subiect to the other in a diuerse kind of superioritie and subiection and that although the King of France be a sheepe and the Bishop of Paris a spirituall Pastour and Dauid bee a man and Christ be God and the spirituall common-wealth be more excellent then the temporall yet they may bee compared one with the other in diuers kindes of superioritie and subiection But in such childish arguments and which are not worth the answering for want of better D. Schulckenius maketh great force 102 Secondly how vntrue it is which this Doctour so boldly affirmeth and which is one of the chiefe pillars whereon his doctrine concerning the Popes power to depose Princes is supported that the temporall power is per so subiect to the spirituall and that the spirituall power or spirituall Pastours are not per accident and by reason of vniust perturbing the publike peace subiect to the temporall power I haue shewed at large in the second part where I haue conuinced that this naturall subiection and subordination of the temporall power to the spirituall except only in perfection and excellencie is a meere fiction and that to affirme as this Doctour doth h Pag. 201. that Bishops are exempted omni iure from the ciuill power is a most false and intollerable doctrine and generally repugnant both to the doctrine of the ancient Fathers expounding that place of the Apostle Omnis anima c. Let euery soule be subiect to higher powers and to the common opinion of the Diuines and also the Iesuites who affirme that Cleargie men are not de facto exempted from the directiue power of temporall Princes and that they are bound to obserue their lawes not only by force of reason but also by force and vertue of the law 103 Now Mr. Fitzherbert in like manner being not able to proue as you haue seene this his fained naturall subordination of the temporall common-wealth to the spirituall except only in perfection worth and excellencie as spirituall things are more excellent then temporall which is nothing to the purpose and denyed by no man and hauing brought not so much as one proofe that the temporall power and spirituall doe make one body but barely and briefly supposeth the same whereas aboue in the second part I haue euidently conuinced the contrarie euen according to Card. Bellarmines owne grounds yet he feareth not to impeach of absurditie and impietie this doctrine which denyeth the aforesaid subordination and vnion thinking belike silly man that his bare I say is sufficient to satisfie the vnderstanding of the iudicious Reader But I let passe saith he i Pag. 108. nu 22. Widdringtons absurd and impious doctrine destroying the naturall subordination of temporall things to spirituall when they are ioyned in one body which I haue amply k Supra num 2. 3. seq proued euen by the law of Nature and I only wish to be obserued that albeit we should grant it to be true as it is most false that spirituall and temporall things may take the nature the one of the other equally by reason of some sinne annexed yet it would follow thereon that the spirituall Superiour may punish euen in temporall things because according to this doctrine temporall things doe become spirituall when the consideration of sinne entereth whereby also they are made proper to the spirituall communitie and consequently may be vsed and applyed by the spirituall Superiour to the punishment of his subiects 104 But first to let passe that Mr. Fitzherbert throughout this whole Treatise hath shewed himselfe to be a very vaine absurd ignorant and fowlemouthed man and that heere he hath proued nothing else by the law of Nature then that spirituall things are to be preferred before temporall things as the more perfect before the lesse perfect the soule before the body religion before policie heauen before earth and God before the world and consequently that the temporall common-wealth is in perfection worth and excellencie but not in authoritie subiect to the spirituall which no man calleth in question why doth he adde out of his owne braine that word equally except only to cauill and to perswade his Reader that I affirmed that spirituall and temporall things may be compared together not only in generall but also in euery point in particular and that betwixt them there is no disparitie at all seeing that I did not vse that word equally but the doctrine which I taught was this that not only temporall things by reason of some sinne annexed may oftentimes take the nature of spirituall things and therefore may be forbidden by the spirituall power of the Church which hath for the obiect of her directiue power vertue and vice in what actions so euer either temporall or spirituall they are to be found and consequently may be punished also by the Church with Ecclesiasticall Censures which only are the obiect of her coerciue or
vertue annexed doe become spirituall things that is vertuous actions and therefore subiect to the spirituall directiue power yet they doe not become spirituall Censures and therefore not subiect to the spirituall power as it is coerciue but they still remaine temporall punishments which are the obiect only of the temporall coerciue power 109 Wherefore that also which he addeth that euery Superiour may according to my doctrine punish his Subiect with penalties proportionate to his authoritie is very true but he must still distinguish betwixt the directiue and coerciue power or authoritie and in what manner temporall punishments are proportionate to either of them For because as well temporall as spirituall punishments may be vertuous or vicious actions therefore they are proportionate to the spirituall directiue power whose proper acts and obiects are the commanding of vertue and the forbidding of vice but because not the commanding either of temporall or spirituall punishments but only the actuall punishing with Ecclesiasticall censures or the inflicting of spirituall punishments is the proper act and obiect of the spirituall coerciue power therefore the inflicting onely of spirituall punishments and not of temporall is proportionate to the spirituall coerciue power From whence it euidently followeth that the Church for a spirituall end may command temporall things but not dispose of temporall things may command one to giue Almes for the satisfaction of his sinnes but may not take away his purse from him to giue Almes for that end may commaund one to punish and macerate his body when it rebelleth against the soule but not inflict vpon him corporall punishments for the same end 110 And by this also all the rest which Mr. Fitzherbert addeth in this Chapter is clearely answered and the manifest absurditie which hee would put vpon mee doth manifestly fall vpon himselfe But now saith he m Pag. 109. nu 25.26.27 if together with all this we consider the naturall subordination of temporall things to spirituall whereof I haue sufficiently treated before n Supra num 2 3.4 seq Widdringtons absurdity will be most manifest as well in denying that the spirituall Superiour may punish his subiect in his person or temporall goods for a spirituall end as in affirming that the spirituall power may become subiect to the temporall no lesse then the temporall to the spirituall as though there were no subordination or subiection of the one to the other wherein he peruerteth the whole course of Nature no lesse then if he should say that in some cases the soule may be subiect to the body heauen to earth religion to policie Angels to men and God to the world whereby you may still see what probable arguments and answers he affordeth his Reader for the assurance and security of their consciences See Preface num 9. See also the answere therto nu 9. seq and that he had great reason to protest as you may remember I haue signified in the Preface that his meaning is not to lay downe any demonstrations or infallible arguments for the proofe or defence of his opinion 111 For truely all that he saith doth demonstrate nothing else but the weakenesse of his cause and his owne wilfulnesse if not of malice in defending such an improbable and extrauagant Paradoxe as this is which hee holdeth and defendeth contrary to the vniuersall and continuall custome of the Church grounded vpon the holy Scriptures the practise of the Apostles and the decrees of Popes and Councels and finally contrary to the whole course of the Canon law as it will euidently appeare in the ensuing Chapters and as Cardinall Bellarmine against Barclay and Doctour Schulckenius in his late Apologie for the Cardinall and diuers others haue sufficiently shewed and amongst our learned Countrimen Mr. Doctor Weston hath clerely soundly proued it in his booke intituled Iuris Pontificij Sanctuarium wherein he battereth all the foundations of my Aduersarie Widdringtons doctrine and fully confuteth him as well in all other points as in this touching the Popes power to punish temporally which hee o Quest 17.18.19.20.21 22. doth learnedly and amply demonstrate as well by the holy Scriptures as by many examples of the Churches practise to wit by diuers kinde of diuorces by the relaxation of debts exemption of children frō the power of their parents the abrogation of temporall and Ciuill lawes the dissolution of contracts and bargaines and finally by the imposition of temporall penalties almost vsuall and ordinarie in the practise of the Church as hee sheweth very particularly by the Ecclesiasticall Canons I forbeare for breuities sake to prosecute these points in particular only I shall haue iust occasion to treate now and then of the infliction of temporall penalties in answer of my Aduersaries pertinent obiections out of the Canons and Canonists which I hope may suffice for as much as I haue vndertaken to performe in this briefe Reply 112 But all that my Aduersary heere obiecteth I haue alreadie sufficiently confuted And first I haue cleerely conuinced that there is no naturall subordination of the temporall power to the spiritual except in nobilitie and therefore that neither the spirituall power speaking properly and in abstracto is subiect to the temporall nor the temporall to the spirituall except as I said in worth excellency and nobilitie wherein the spirituall doth excell but not in authoritie wherein they are both supreme vnlesse my Aduersaries will grant that temporall Princes are not supreme and absolute in temporall matters and spirituall Pastours are not supreme and absolute in spirituall causes which is a Paradox in true Diuinity Secondly I haue proued also most plainly that not onely temporall Princes being parts and members of the spirituall kingdome or Church of Christ are subiect to spirituall Pastours in spirituall things but also spirituall Pastours being parts and members of the temporall common-wealth are subiect to temporall Princes in all temporall things except wherein the law of God or man hath exempted them and to affirme the contrary were to peruert the whole course of Nature no lesse then if one should say that members are not subiect to the whole body and to the head thereof the bodie and soule to man heauen and earth to the whole world religion pollicy men Angels and the whole world to God Whereby you still see what improbable arguments answeres my Aduersary affoordeth his Readers for the assurance and securitie of their consciences in a matter belonging to their obedience due to God and Caesar and which forsooth he will needes haue to be a point of faith to the proofe whereof it is not sufficient to bring probable arguments but conuincing demonstrations as contrariwise it sufficeth to bring probable arguments and probable answeres to prooue any doctrine not to be certaine and of faith as I haue shewed more amply in the answere to his Preface whereto heere he remitteth his Reader 113 For truely all the effectuall proofes and cleere demonstrations which
Common-wealth because the end doth farre excell the meanes that tend thereto and the other that the Ecclesiasticall Societie which of all Societies doth next approach to GOD and vnite them with him is the most excellent and worthie of all Arist l. 1. Meta. and therefore as Aristotle worthily called Metaphysicke the Mistresse and Goddesse because it immediately considereth the sciences of all things which is God so may we call the Religious or Ecclesiasticall Societie the Mistresse Lady Empresse and Goddesse of all Common-wealths and all other Societies because it is properly and immediately dedicated to the seruice of GOD as also because Common-wealths and other Societies cannot performe their dutie to GOD nor arriue to perfect felicitie but by the meanes of the Ecclesiasticall Societie 27 And this is so certaine and euident that no Philosopher or learned Paynim would deny it as it may appeare by the institution and customes of the best Common-wealths among the Paynims in the which the Religious Societie had the preheminence aboue the Common-wealth in all things that any way appertained to Religion as I will make it manifest heereafter when I shall speake of the law of Nations and now only for the present I wish to be obserued that in the Roman Common-wealth the chiefe Bishop who was called Pontifex Maximus had supreame authoritie in matters pertaining not only to Religion but also to State when the same was mixed with Religion in which case he commanded the Consuls themselues who were the Soueraigne temporall Magistrates Valeri l. 1. c. 1. This appeareth in Valerius Maximus who testifieth that Posthumus the Consull being a Priest of the God Mars and intending to goe to Africke with his army was forced by Metellus the chiefe Bishop to stay his iourney to attend to his Priestly function and therefore Cicero saith that it was most notably Cicero pro domo sua and diuinely ordained by the ancient Romans that the Bishops should haue the chiefe command in matters that pertained as well to the Common-wealth as to the Religion of the Gods And no meruaile seeing that the Augures who were inferiour to the Bishops had such absolute authoritie that they might hinder the election of Officers depriue the Magistrates of their Offices and forbid the Senate to treate with the people Cicero de legib lib. 1. 2. in so much that nothing lawfully done by any Magistrate at home or abroad if he were contradicted by them Cicero de Diuiuat lib. 2. and which is more the two Consuls P. Claudius and Lucius Iunius were condemned to death for disobeying them 28 Whereby it appeareth that although the Augures and Pontifices Maximi had no authoritie ouer the temporall Magistrates in matters meerely temporall yet when consideration of Religion entered together with temporall affaires the temporall Magistrate was corrected and commanded by the spirituall as occasion required And this I say was the custome of the Romans because no doubt they held it to be most conforme to the law of Nature in which respect I may boldly say that if an Oath had beene propounded amongst them to haue exempted their Consulls and other temporall Magistrates from the command and correction of the chiefe Bishop notwithstanding any occasion of religion which might occurre they would not haue admitted it as lawfull And this is our very case Thus I said in my Supplement and then I concluded concerning the pretended Oath of allegiance speaking to M. Barlow in these words And thus you see M. Barlow that the Law of Nature is so farre from enioyning and iustifying the Oath as you say it doeth that it vtterly reiecteth and condemneth it except you can turne the world vpside downe and peruert the whole course of nature and prooue that things lesse perfect are to be preferred before the more perfect the body before the soule sense before reason temporall things before spirituall pollicie before religion earth before heauen and the world before God whereto in very truth your doctrine in this point directly tendeth 29 But these two consequents which Mr. Fitzherbert deduceth from his last Discourse are neither against my doctrine nor doe they any way prooue the new Oath of Allegiance to bee repugnant to the Law of Nature For as I saide before I doe willingly grant that Religion and the seruice of GOD and perfect felicitie which is the immediate end thereof is farre more noble and more worthie then the temporall good or immediate end of any temporall Common-wealth which is his first consequent and also which is his second that the Religious or Ecclesiasticall Societie is the most excellent and worthie of all and may in some sort be called the Mistresse Lady Empresse and Goddesse of all Common-wealths and Societies because it is properly and immediately dedicated to the seruice of GOD as also because temporall Common-wealths and other Societies cannot performe their dutie to GOD nor arriue to perfect felicitie but by the meanes of the Ecclesiasticall Societie But shee is not called the Mistresse Lady Empresse and Goddesse of temporall Common-wealths for that shee can doe all the actions functions and offices of them and inflict the same temporall punishments that temporall Common-wealths can inflict but only for that shee can doe more noble and more worthie actions functions and offices and inflict more grieuous and more dreadfull punishments to wit spiritual agreeable to the nature and conditions of a spirituall Common-wealth and a Religious or Ecclesiasticall Societie 30 Secondly I doe also willingly graunt that amongst the Paynims and ancient Romanes not onely the chiefe Bishop who was called Pontifex Maximus and had the supreame authoritie in matters belonging to Religion or to the seruice of their Gods but also the Augures or Soothsayers who were Priests inferiour to the chiefe Bishop had great authoritie and command in matters belonging to temporall affaires in so much that the yong chickens of certaine birds called pulli Melici and Chalcidici were held in such honour and estimation among them that they would keepe no assemblies they would promote none to any office or dignitie they would neither make warre nor truce and finally neither at home nor abroad would they vndertake any enterprise vnlesse they were foretolde by those yong birds whose prediction they did regard as an oracle and message sent from Iupiter whose messengers and interpreters they accounted those birds to be The particular manner whereof you may see in Alexander ab Alexandro lib. 1. cap. 29. But from hence it doeth not follow that those chiefe Bishops as they were religious Priests had authoritie giuen them by the law of Nature but onely by the free grant of the temporall Common-wealth to punish temporally any man that should transgresse their commaund or otherwise violate the religion of their Gods 31 Thirdly therefore although it be true that the ancient Romans and other Paynims did preferre Religion and the worship of their Gods before any other temporall thing and in regard
the word vpside downe or peruerted the course of Nature but knew right well that things lesse perfect are not to be preferred before the more perfect the body before the soule sense before reason temporall things before spirituall policie before Religion earth before heauen and the world before God And therefore there is none but such ignorant men as my Aduersarie is that can or will affirme the new Oath of allegiance to be repugnant to the law of Nature or to the light of nature reason for that it denyeth the authoritie of spirituall Pastours to punish temporally ablute Princes or to depriue them of their kingdomes or dominions 44 And by this the insufficiencie of the rest of Mr. Fitzherberts Discourse will easily appeare This was some part saith he i Pag. 101. num 12. of my Discourse in my Supplement concerning the law of Nature whereby thou seest good Reader that I haue sufficiently shewed two things the one that according to the law of Nature the temporall state and power is subordinate and subiect to the spirituall when they are conioined in one body no lesse then the familie is subordinate and subiect to the Common-wealth in like case because the end of the temporall power is subordinate to the end of the spirituall power which ouerthroweth my Aduersaries false principle to wit that the Ecclesiasticall and ciuill Societie are so distinct in nature and office that though they be ioined together yet they haue no dependance the one of the other vpon which false ground and vaine supposition often affirmed by Barclay and him and neuer proued by either of them they found all their false doctrine 45 But how vntrue this is I haue already shewed For in the law of Nature the temporall state and power was not subiect and subordinate to the spirituall or Religious except only in excellencie and nobilitie whereof there is no question but contrariwise the Priests of the law of Nature were subiect in spirituall and religious affaires to the supreme ciuill Gouernour when they were distinct persons neither did they make two distinct Common-wealths as they doe in the law written but the ciuill Common-wealth had authoritie to dispose of all matters as well concerning Religion as state and not only to make Priests and to giue them Priestly power but also to increase diminish alter or to take away from them their Priestly authoritie and to determine of all things both temporall and spirituall which is not so in the law written wherein Priests haue their authoritie from the positiue institution and law of God himselfe 46 True it is that the Heathen Common-wealths gaue great authoritie priueledges and exemptions to those persons whom they chose and appointed to be their Priests especially to the chiefe Priest or Bishop whereof reade Alexander lib. 2. cap. 8. and lib. 3. cap. 27. to whom the Romanes gaue such great honour that they did esteeme him next to the King or supreme temporall Prince and gaue him authoritie to command and also to punish the King of sacred rites and all the other inferiour Priests Yea euen to Vestall Virgins who were Priests of the Goddesse Vesta such honour was giuen by the Romanes that if by chance they should meete any malefactour that was led to death hee should not for that time be put to death Plutarch in Numa Alex. lib. 5. cap. 12. vpon condition that the Virgin must sweare that her meeting of him was casuall and not of purpose But from hence it cannot be gathered that the religious Priests had by the law of Nature such authoritie priueledges and prerogatiues but only that the Common-wealth in honour of Religion did grant them such temporall honour and authoritie and would haue them to be obeyed in some matters of great moment vnder paine of death 47 Now in the new law in what manner the temporall Common-wealth or rather those persons who are parts and members therof are subiect to spirituall Pastours I haue at large declared aboue in the second part where I haue sufficiently proued out of Card. Bellarmines owne grounds that the coniunction of temporall power and of spirituall subiection in the same Christian man is not sufficient to make the temporall and spirituall Common-wealth among Christians one totall body or Common-wealth whereof the Pope is the supreme visible head for then the Pope must be both a temporall and spirituall Monarch of all Christendome and Christians and that although they should make one totall body or Common-wealth whereof Christ only is the head in that manner as I there declared yet from thence it could not be concluded that the temporall power or Common-wealth is per se and naturally subiect and subordinate to the spirituall power or Common-wealth but only that Christian Princes not as they haue temporall power but as being members of the Church of Christ they haue spirituall subiection and consequently in spiritualls and not in temporalls are subiect to the spirituall power or common-wealth and the spirituall Pastours thereof And there also I answered all the arguments which D. Schulckenius brought to proue the contrarie Let Mr. Fitzherbert impugne that Treatise and then he may haue some cause to brag that this doctrine of mine and Barclaies is a false and vaine supposition of our owne In the meane time the Reader may cleerely see how vainely and friuolously he hath proued by the law of Nature that the temporall power is subiect and subordinate to the spirituall and that in the law of Nature Religious Priests as they were such might command and correct temporally the temporall Common-wealth or supreme temporall Prince whereas the quite contrary is manifest by the law of nature 48 The other thing saith Mr. Fitzherbert that I haue shewed is that by reason of this naturall subordination and subiection of the lawes and lesse perfect Societies to the higher and more perfect it is most conforme to nature that the head of the Church who is the supreme spirituall Magistrate may command and correct all inferiour Magistrates as well temporall as spirituall when the necessitie either of the whole body or of the Church only which is the most perfect and supreme Societie doth require it as in like case the supreme ciuill Magistrate who is Prince and head of the Common-wealth iustly commandeth and punisheth the heads of Families or Cities notwithstanding that the said Families and Cities are distinct Societies and bodies and haue their lawes and Magistrates apart no lesse then the Common-wealth and Church haue theirs 49 But first it is vntrue that there is any naturall subordination and subiection of the temporall power or Common-wealth to the spirituall except in dignitie and perfection which is nothing to the purpose and whereof no man maketh doubt neither doth the dignity and perfection of the more noble and excellent Societie inferre a superioritie in command and authoritie ouer the lesse worthy and lesse noble Societie vnlesse we will haue the companie of Goldsmiths to haue
body which for as much as appertaineth to the power it selfe and not in regard of all other things which are requisite that the power shall haue effect is sufficient and necessarie to the eternall saluation of soules yet that hee must needes haue euen ouer the soule and much lesse ouer the body and temporall goods and states all that power which is conuenient for the good of soule as my Aduersary heere affirmeth is very vntrue for this were a too too large extension of the Popes pastorall power ouer the soule and body and would cleerely prooue that the Pope should haue power to doe miracles as the Apostles had and by miraculous operations to bring actually all Christians to the kingdome of heauen For no man as I thinke can make doubt but that the Pope to haue all that power whereby all Christians shall bee actually saued is very conuenient for the good of soules Neither will my Aduersarie be euer able to prooue that it is necessary to the saluation of soules or to the gouernment of the Church as it was instituted by Christ to bee a spirituall and not a temporall Common-wealth to haue power to dispose of temporals and to depriue temporall Princes of their kingdomes and liues 12 Secondly that proposition he that hath the greater power hath the lesse which my Aduersary vntruely saith to bee a rule of the Law for that it is not to bee found among the rules either of the Canon or Ciuill Law is very vntrue if it bee taken in those generall wordes and without due limitations which my Aduersary doth not declare as might be conuinced by infinite examples whereof some may be seene in the next Chapter where wee shall treate of this Maxime more at large and for the present this onely shall suffice that if it were vniuersally true it would cleerely conuince that the Pope who by the institution of Christ hath spirituall power which is the greater power should also haue temporall power which is the lesse which my Aduersarie as I thinke will hardly grant vnlesse hee will now become a Canonist and affirme that the Pope as Pope hath both temporall and spirituall power and is both a temporall and spirituall Prince which is repugnant to the common doctrine of the Diuines of his owne Societie 13 True it is that if the lesse be taken for that which is contained in the greater either actually and formally or vertually he that hath the greater power hath formally or vertually also the lesse as because a hundred crownes is actually contained in a hundred pounds and foure degrees of heate is actually contained in eight and heate is vertually contained in light therefore from those rules of the law which rather may bee called rules of naturall reason for that they are grounded vpon the light of nature i De regulis iuris in 6. regula 35. 80. Plus semper continet in se quod est minus into to partem non est dubium contineri The greater doth alwaies containe in it the lesse and there is no doubt but that a part is contained in the whole we may rightly inferre that he who can giue a hundred pounds can giue a hundred crownes and the fire which can produce eight degrees of heate can produce foure and the Sunne that hath power to produce light hath also power to produce heate But temporall power is neither formally nor vertually contained in the spirituall power of the Pope although it be vertually and supereminently contained in the spirituall power of God almightie in whom all create powers are vertually in an infinite and superexcellent manner contained That which is obiected saith Ioannes Parisiensis he that hath power to doe the greater Ioan. Paris de potest Regia Papali cap. 17. ad 17. hath power to doe the lesse therefore the Pope who hath power in spiritualls hath also power in temporalls it is true in the greater and lesser which are per se subordained as because a Bishop hath power to ordaine a Priest therefore he hath also power to ordaine a Deacon but it doeth not hold in those things which are of a diuerse order or kind as because my father could beget a man therefore hee can also beget a dogge or because a Priest can absolue from sinne therefore hee can also absolue from the debt of money 14 Thirdly neither is that true which my Aduersary affirmeth that S. Paul by that proposition he that hath the greater power hath the lesse did iustifie his dealing with temporall affaires when hee aduised the Corinthians to constitute and appoint Iudges amongst themselues to decide their controuersies rather then to haue recourse to the tribunalls of Infidells which Iudges S. Chrysostome vpon this place calleth Arbiters and accorders or reconcilers For S. Paul foreseeing that some might easily obiect as S. Chrysostome obserueth that those Corinthians who were newly become Christians were for the most part rude ignorant and vnnoble and therefore might seeme to bee men vnfit and vnworthie to intermeddle in secular controuersies therefore to preuent this obiection he vseth an argument which the Logicians call a maiori ad minus from the greater to the lesse which argument is not grounded in that maxime he that hath the greater power hath the lesse but in this hee that is worthie to haue the greater power is not vnworthie to haue the lesse To preuent therefore that obiection S. Paul argueth in this maner Know you not that the Saints shall iudge of the world and if the world shall bee iudged by you are you vnworthie to iudge especially as Arbitratours of the least things Know you not that wee shall iudge Angels how much more secular things 15 This therefore is the force of the Apostles argument as Benedictus Iustinianus a learned Iesuite vpon this place doeth well declare The Apostle saith he argueth a maiori from the greater Beâ—ed Iustin in 1. Cor. 6. For if the Saints are accounted worthie to be appointed Iudges of the whole world who can thinke them vnworthie to bee ouer the meanest and least iudgements If to your iudgement the world shall be subiect are you to bee accounted vnworthie to decide and compose the least controuersies and strifes of your brethren If we shall iudge the Angels these bee the wordes of Photius related by Iustinian how much more shall wee bee fit to compose the strifes and controuersies which arise concerning things necessarie to mans life whereupon the Apostles argument doth well conclude saith Iustinian that those who are appointed Iudges of the world cannot bee accounted vnworthie to haue charge of humane iudgements if they bee appointed by them who haue this authoritie or who may by right subiect themselues to their iudgements as those who are in suite may to Arbitratours Neither is this repugnant saith Iustinian to the publike authoritie of Iudges and Magistrates for no man is compelled to goe to the Magistrate if by other waies he may
of Ecclesiasticall Censures may bee called a compulsion yet the vsing of temporall power the disposing of temporall things the compelling with temporall punishments or the inflicting of temporall punishments and punishing temporally by way of constraint are only proper and doe belong to the temporall power for which cause S. Bernard as I shewed before did affirme that the materiall sword is according to our Sauiours command to be vsed for the Church but not by the Church with the hand of the Souldier not of the Priest at the booke or direction of the Pope but at the command of the Emperour 8 Now to come to my Aduersarie although he hath not as he saith Lessius booke nor euer reade it yet I haue both seene it and reade it and I haue alleadged truly his expresse words as they lye and I doubt not but that my Aduersarie may easily get a sight thereof But howsoeuer that which hee saith is very vntrue that I say nothing in effect against Lessius argument but that which may bee vrged in like manner against the Apostle Saint Paul for that Saint Pauls argument as I shewed before in the former chapter was not grounded vpon this maxime hee that can doe the greater can doe the lesse whereon Lessius groundeth his argument for this maxime is very vntrue vnlesse the greater doeth actually or vertually include and imply the lesse or which I take for all one vnlesse the greater and the lesse be of the same kind or order But S. Pauls argument was grounded vpon this maxime hee that is not vnworthie to doe the greater is not vnworthie to doe the lesse For S. Paul intended only to prooue as I shewed before that Christians were not vnworthie to iudge of secular things because they were to iudge the world and the Angels and therefore by the argument a maiori ad minus they were not to be accounted vnworthie to decide secular causes Neither hath euery man that power whereof hee is not vnworthie but he hath onely that power which hee who hath authoritie to giue that power hath granted although perchance he be not vnworthie to haue a greater power as to be Lord Chancellour is a more great and eminent authoritie then to be Lord Chamberlaine and yet it is not lawfull thus to argue from that maxime he that hath the greater authoritie hath the lesse therefore he who is Lord Chancellour is also Lord Chamberlaine albeit we might rightly thus conclude as the Apostle did a maiori ad minus he that is not vnworthie to be Lord Chancellour is not vnworthy to be Lord Chamberlaine for that he who is not vnworthie to haue the greater authoritie is not vnworthie to haue the lesse 9 If therefore I had denied the Pope to haue authoritie to dispose of temporall things because he had beene vnworthy to haue that authoritie then I had indeede disprooued the Apostles argument but seeing that I doe onely for this cause deny the Pope to haue authoritie to dispose of temporall things for that Christ our Sauiour hath not granted this authoritie to him but onely to temporall Princes I doe not goe against the Apostles argument Neither did the Apostle goe about to prooue that the Church might ordaine and dispose of secular iudgements taking secular iudgements for such as doe proceed from publike authoritie and can not be done by priuate power but hee onely commanded the Corinthians for auoiding of scandall to appoint arbitrarie Iudges among themselues which they might doe by their owne priuate power and without any derogation to the temporall Magistrate and in case of scandall they ought also so to doe and he onely intended to prooue that because they were not vnwoorthy to iudge the Angels and the world much more were they not vnworthy to be Arbitrarie Iudges in secular causes Wherefore Saint Paul did not intend to prooue either by the subordination of the temporall power to the spirituall or by any other argument that the Church might ordaine or dispose of those secular iudgements which belong to temporall authoritie neither can there be drawne any good argument from this subordination to prooue the same as I haue shewed more amply in the second part 10 Neither did I graunt that the spirituall Pastour hath power to command corporall and temporall things quatenus spiritualibus deseruiunt so farre forth as they serue spirituall things for that corporall and temporall things are ordained to spirituall things and to the eternall saluation of soules as my Aduersary vntruely affirmeth for then indeede I must also haue granted that the Pope hauing power to dispose of spirituall things hath consequently power to dispose of temporall things so farre soorth as they are to serue spirituall things but my reason was as you haue seene in the former chapter because the power to command temporall things in order to spirituall good is a spirituall power and agreeable to a spirituall Pastour and Gouernour as he is instituted by Christ but the power to dispose of temporall things whether it be in order to temporall or to spirituall good is a temporall power and therefore not agreeable to a spirituall Pastour according at our Sauiour hath in the Christian world or common wealth instituted ordained and distinguished these two supreme powers temporall and spirituall by their proper acts functions and dignities 11 And albeit both spirituall and temporall things are referred to one last end which is Gods honour and glorie as to the center to which both of them ought to tend yet from hence it can not be rightly concluded that the temporall power is subordained to the spirituall or that temporall things as temporall lawes temporal actions temporall punishments and the like are subordained to spirituall things as to spirituall lawes spirituall actions spirituall punishments and the like but that both of them are I doe not say subordained one to the other but ordained to one and the selfe same end which is the glorie and seruice of God and the saluation of soules which is as it were the center to which the temporall power by temporall lawes and by disposing of temporals and the spirituall power by spirituall lawes and by disposing or dispencing of spiriruall things ought to tend By which it is apparant that although it were supposed that the disposing of temporall things and the vsing of temporall power were in some cases necessarie to the honour and seruice of God to the good of the Church and to the saluation of soules yet it can not be performed but by the temporall power for that our Sauiour Christ hath giuen to spirituall Pastours onely spirituall power to promote and maintaine by spirituall meanes the good of the Church and to bring soules to heauen and temporall meanes and temporall power he hath left to the disposition of temporall Princes whom he forsaw and preordained to be Nurses Patrons and Protectours of his Church 12 Wherefore although my Aduersarie did endeauour as you haue seene in the former
the vniuersall 27 And therefore I haue sufficiently without altering the case confuted that maxime he that can doe the greater can doe the lesse by this instance of a priuate Priest who is contained in that subiect hee that can as a particular in the vniuersall for that a priuate Priest can doe the greater to wit can absolue from sinnes and yet he can not doe the lesse to wit absolue from debts from whence it followeth that the aforesaid generall maxime is not true and therefore neither the consequence of that argument concerning the Popes power to excommunicate and consequently to depose which consequence is grounded vpon that generall maxime can be good By which it is apparant that from that maxime it can not be rightly concluded that because the Pope hath power to excommunicate which is the greater he hath power either to depriue Princes of their kingdomes or to absolue subiects from their debts which are the lesse 28 Neither is the deposing of Princes or the discharging of subiects from paying their debts necessary for the spirituall good and publike benefite of the Church or which is all one to the saluation of soules although they were necessary yet seeing they are temporall and not spirituall actions they must be performed for the same spirituall end by temporall and not spirituall power And therefore that argument which my Aduersarie vseth a maiori ad minus that because a temporall Prince may absolue his subiect from the payment of his debt therefore much more the supreame spirituall Pastour of the Church may doe the same is of little worth for that the disposing of temporall things and the inflicting of temporall punishments as is the discharging of subiects from paying their debts doe belong only to the temporall power of Secular Princes and not to Ecclesiasticall authoritie which by the institution of Christ is not extended to the inflicting of temporal punishments as death exile priuation of goods c. but only of Ecclesiasticall or spirituall censures as I haue shewed more at large in the first part 29 To my fourth and last instance which was this He that can doe the greater can doe the lesse therefore a priuate Priest who hath power to giue the kingdome of heauen to wit by vertue of the Sacraments hath power to giue an earthly kingdome Mr. Fitzherbert answereth as before k Nu. 12. 13. pag. 46. that Widdrington changeth the state of the question transferring it from the Pope to a priuate Priest for albeit this argument holdeth not in priuate Priests yet it is good in the Pope if we change the consideration of the force of the Sacraments whereto my Aduersarie Widdrington ascribeth the Popes power to the plenitude of power by the vertue whereof the Pope hath a supreame authoritie and therefore the argument would be good thus Potest Papa per plenitudinem potestatis c The Pope may by the plenitude of his power giue the heauenly kingdome and therefore he may giue an earthly for the later being a necessarie consequent of the former is necessarily comprehended in it because the Pope by the plenitude of his power hath as much authoritie and iurisdiction as is necessarie for the gouernment and good of the Church Whereupon it followeth that whensoeuer it shall be absolutely necessarie and behoouefull for the Church that he change or transferre a kingdome or Empire he may doe it and giue not only the Kingly or Imperiall title but also the right to the crowne as Leo the third c. 30 But Mr Fitzherbert doth also in this answere bewray his ignorance and want of Logicke as he did in the former for it is cleere that he himselfe and not I doth alter the case and change the state of the question For the question is not concerning the consequent of Lessius argument but concerning the consequence or that antecedent proposition and maxime hee that can doe the greater can doe the lesse whereon his consequence or argument is grounded and therefore by changing the consequent the case or state of the question is not altered when the consequent is included in the antecedent proposition as a particular in the vniuersall as in the former part of this argument a Priest can giue the kingdome of heauen is included in the former part of that maxime he that can doe the greater and the second part therefore he can giue an earthly kingdome is included in the second part of that maxime therefore he can doe the lesse for that to giue the kingdome of heauen is greater then to giue an earthly kingdome And to make the case more plaine to the vulgar sort put the case that I should argue thus Euery white thing is pleasant to the taste therefore sugar is pleasant to the taste the consequent you see is true yet the consequence is not good for that the antecedent proposition is false And if my Aduersarie should impugne my consequence and prooue my antecedent proposition to be false by this instance Euery white thing is pleasant to the taste therefore chalke is pleasant to the taste and I should reply to this instance and say that he altereth the case changeth the state of the question in transferring it from sugar which is sweet to chalke which is vnsauoury would not my Aduersarie trow you according to his accustomed manner affirme that my reply is impertinent absurd foolish and ridiculous and send me backe to learne Logicke againe 32 Now you shall see how plainely Mr. Fitzherbert whiles hee vntruely chargeth mee as you haue seene with altering the case and changing the state of the question he doth alter and change it himselfe For albeit saith he this argument holdeth not in priuate Priests yet it is good in the Pope if wee changet he consideration of the force of the Sacraments whereto Widdrington ascribeth the Popes power to the plenitude of power by the vertue whereof the Pope hath a supreme authoritie c. But first it is vntrue and I wonder that Mr. Fitzherbert blusheth not to say that I ascribe the Popes power to the force of the Sacraments seeing that I speake not one word in my instance of the Pope but onely of priuate Priests And if I had ascribed the Popes power to remit sinnes and to giue iustifying grace whereby we are made children of God and heires to the kingdome of heauen to the force and vertue of the Sacraments had this beene forsooth any vnsound or bad doctrine Will my Aduersarie ascribe the Popes power to remit sinnes and to giue iustifying grace not to the force and vertue of the Sacraments but to the plenitude of his power as though the Pope by the plenitude of his power could without the Sacraments remit sinnes and giue iustifying grace If this be his meaning all Catholikes know what Censure this doctrine deserueth and it is in some sort agreeable to that which he said a little before that the Pope by excommunication doeth take away the life
cleanse the soule of spirituall vncleannesse which doeth barre men from entring the Celestiall tabernacle created by God alone and as the Priests the old law had authoritie according to my Aduersaries false Doctrine to create annoint punish and depose earthly Kings so the Priests of the new law haue authoritie to create annoint punish and depose spirituall Kings to create institute and make them heires to the kingdome of heauen by the Sacrament of Baptisme to annoint them with the oile of grace by the sacrament of Confirmation to punish them with spirituall and Ecclesiasticall Censures to depose or exclude them in some sort from the kingdome of heauen by denying them sacramentall absolution 8 In this manner should Mr. Fitzherbert haue argued from the figure to the veritie by which wee can onely proue that the Priests of the new law can create annoint punish and depose Kings in a more higher Bell. lib. 1. de Missa cap. 7. and not in the same degree for as Cardinall Bellarmine well obserued to fulfill the figure is not to doe that very thing which the law prescribeth to be done but to put in place thereof some thing more excellent which to signifie that figure did goe before as Christ did not fulfill the figure of Circumcision when hee was circumcised himselfe but when hee ordained Baptisme in place thereof and so the Priests of the new law doe not fulfill the figure of the Leuiticall Priesthood by creating annointing punishing and deposing earthly Kings in the same materiall manner as the Priests of Leui did but when they create annoint punish and depose spirituall Kings to wit Christians who by Baptisme are made heires to the kingdome of heauen with spirituall creation vnction chastisement and deposition as I haue declared before And by this the Reader may cleerely perceiue that Mr. Fitzherbert hath not sufficiently prooued either that the Priests of the old Testament had authoritie to create depose or punish temporally their Kings by way of temporall constraint for no man maketh doubt but that the Priests hoth of the olde and new law haue authoritie to annoint Kings it being only a sacred and religious ceremonie and to punish temporally by way of command and by declaring the law of GOD as to enioyne fastings almes-deedes and other corporall afflictions c. and to declare that this or that King shall be deposed if GOD shall so reueale because all these are meere spirituall actions or else that albeit wee should grant as my Aduersaries vntruely suppose that the Priests of the old law had the aforesaid authoritie to create depose and punish Kings temporally yet therefore from thence any probable and much lesse a potent argument as this man pretendeth can be drawne as from the figure to the veritie to proue that the Priests of the new law must have authoritie to doe the same things but onely to do things more excellent and of an higher degree and order as the body is more excellent and more perfect then the shadow the verity then the figure Christ then Moyses the new Law then the old heauenly kingdomes then earthly and Ecclesiasticall or spirituall Censures are of another nature order and degree then temporall or ciuill punishments 9 Now Mr. Fitzherbert goeth on to prooue also out of the new Testament that the Priests of the new law especially the chiefe Pastour of the Church of Christ haue authoritie to punish Princes not onely with spirituall but also with temporall and corporall punishments And therefore now to declare saith hee g nu 32. p. 87. how I proued the same further by the new law it is to bee vnderstood Psal 77. Isa 44. Psal 2. Matth. 2. Apoc. 19. Aug. in Ioan. Bel. l. 1. de Rom. Pont c. 12. ad 6. obiect that I vrged h Suppl vbi supra nu 59. to that end the commission giuen by our Sauiour to St. Peter not onely to binde and loose but also to feede his sheepe shewing by many texts of Scripture as also by the authoritie of S. Augustine that Pascere to feede is taken for Regere to gouerne whereupon I drew certaine necessarie consequents in those words c. 10 But concerning the authoritie giuen by Christ our Sauiour to S. Peter to bind and loose or which euen according to Card. Bellarmines doctrine is all one in substance with to feede his sheepe for that by those words I will giue thee the keyes of the kingdome of heauen and whatsoeuer thou shalt binde c. was onely promised to S. Peter saith Cardinall Bellarmine not giuen the power to binde and loose and the keyes of the kingdome which keyes hee as the principall and ordinarie Prefect Prelate or Gouernour then onely receiued when he heard Pasce oues meas Feede my sheepe I answere first that not onely S. Peter but also all the Apostles receiued the keyes of the kingdome of heauen and power to binde and loose and to feede the sheepe of Christs flocke seeing that as Christ saide to Saint Peter whatsoeuer thou shalt bind c. so he said to the rest of the Apostles what things soeuer you shall binde c. albeit I will not deny that Saint Peter was the first of the Apostles but in what consisteth this prioritie principalitie primacie or superioritie of S. Peter ouer the rest of the Apostles as likewise of the Pope ouer all other Patriarchs Primates Arch-bishops and Bishops of Christs Church there is yet a great controuersie betwixt the Diuines of Rome and of Paris and perchance hereafter I shall haue occasion to treate thereof more at large But that which for this present I intend to affirme is this that considering in those wordes of our Sauiour Tibi dabo claues c. I will giue thee the keyes c. Saint Peter represented the whole Church and not only to him but also to the rest of the Apostles and to the whole Church and Priesthood which Saint Peter did represent were promised the keyes and power to binde and loose as the holy Fathers and ancient Diuines doe commonly expound i As to omit Origen tract 1. in Matth. 16. Euseb Emis hom in Natali S. Petri. Theophylac in 1. Mat. 16. S. Ambr. in psa 38. lib. 1. de Paenit c. 2. Hieron lib. 1. contra Iouinian Aug. tra 50. 124. in Ioan. tract 10. in Epi. Ioan. in psal 108. Leo serm 3. in Anniu assumpt Fulgentius de fide ad Petr. l. 1. de remis pec c. 24. Beda Ansel in Mat. 16. Euthym. c. 33. in Matth. Haymo hom in fest Petri Pauli Hugo de S. vic l. 1. de Sacram. c. 26. alibi Durand in 4. dist 18. q. 2. â—yra in Mat. 16 Walden tom 2. doct fid c. 138. Cusanus l. 2. de Concord Cat. c. 13. 34. and commonly all the ancient Doctors of Paris if from the power to bind and loose promised to Saint Peter it doth necessarily follow that S. Peter and
his Successours haue authoritie to create depose and punish Princes temporally it doth likewise follow that the rest of the Apostles and their Successours haue the same authoritie ouer Kings and Princes who are subiect to them spiritually 11 Secondly those wordes of our Sauiour whatsoeuer thou shalt bind c. are to be vnderstood as I answered in my Apologie nu 36. of spirituall not temporall bindings and loosings to absolue from sinnes not from debts to vnloose the bonds of the soule not of the body to open or shut the gates of the kingdome of heauen not of earthly kingdomes to giue or take away spirituall goods graces and benefits not temporall goods lands kingdomes or liues When it was said to S. Peter saith S. Augustine I will giue thee the keyes and whatsoeuer thou shalt bind c. he signified the vniuersall Church The rocke is not from Peter but Peter from the rocke vpon this rocke which thou hast confessed Aug. trac 124. in Ioan. I will build my Church The Church therefore which is founded on Christ receiueth from Christ the keyes of the kingdome of heauen that is power to binde and loose sinnes And againe beneath saith S. Augustine Peter the first of the Apostles receiued the keyes of the kingdome of heauen to bind and loose sinnes So also S. Ambrose S. Chrysostome S. Fulgentius Ambr. lib. 1. de paenit c. 2. Chrysost Theoph. in Mat. 16. Fulgent Eus Emiss vbi supra Bernard l. 2. c. 6 de considerat Hug. Vict. tom 2. serm 64. Iust Monast Laurent Iust de casto connub verbi animae c. 10. Eusebius Emissen Theophylact S. Bernard Hugo de S. Victore Laurentius Iustinanus and infinite others vnderstand those words of our Sauiour of binding and loosing soules and sinnes Neither is there any one of the ancient Fathers or Doctours before Pope Gregorie the seuenth that wrested them to the giuing or taking away from any man whatsoeuer according to their deserts Empires Kingdomes Princedomes Dukedomes Earledomes and the possessions of all men Quia si potestis saith hee k In the Excommunication of Henry the 4. in the eight Roman Councel held by him in the yeere 1080. Iansenius c. 148. Concord Theophy in c. 21. Ioan. Basil in l. de vita solitar c. 23. in caelo ligare soluere potestis in terra Imperia Regna Principatus Ducatus Marchias Comitatus omnium hominum possessiones pro meritis tollere vnicuique concedere 12 I grant likewise that Pascere to feede is taken also for Regere to gouerne but not as a King gouerneth his kingdome but as a Sheepheard gouerneth his flocke as well obserueth Iansenius vpon this place of S. Iohn Christ saith Theophylact doeth not make Peter a Lord nor a King nor a Prince but commandeth him to be a Sheepheard Wherefore as those words whatsoeuer thou shalt bind c. are to be vnderstood of spirituall not temporall bindings and loosings and were spoken not only to Saint Peter but also to the rest of the Apostles so also these wordes Feede my sheepe are to be vnderstood of spirituall feeding or gouernment and doe belong not onely to S. Peter but also to the rest of the Apostles whom S. Peter did represent Atque hoc ab ipso Christo docemur c. saith S. Basill And this wee are taught by Christ himselfe who appointed Peter the Pastour of his Church after him For Peter saith he doest thou loue me more then these Feede my sheepe and consequently hee giueth to all Pastours and Doctours the same power whereof this is a signe that all doe equally bind and loose after that manner as he Feede my sheepe saith S. Ambrose which sheepe and which flocke Amb. de dignit sacerd c. 2. not only blessed Peter did then take to his charge but hee did take charge of them with vs and all we tooke charge of them with him For not without cause Aug. de agone Christiano c. 30. saith S. Augustine among all the Apostles Peter sustained the person of this Catholike Church for to this Church the keyes of the kingdome of heauen were giuen when they were giuen to Peter amd when it is said to him it is said to all Doest thou loue Feede my sheepe Let Bishops and Preachers of the word heare saith Theophylact what is commended to them Theoph. in c. 21. Ioan. Bell. lib. 2. de Rom. Pont. c. 12. in fine Edit Ingolstad anno 1580. Feede saith Christ my sheepe c. Certaine things saith Cardinall Bellarmine are said to Peter in regard of the Pastorall office which therefore are vnderstood to bee said to all Pastours as Feede my sheepe and confirme thy brethren and whatsoeuer thou shalt bind c. But of this my second answere more beneath l nu 21. seq where you shall see in what fraudulent manner D. Schulckenius replyeth to the same 13 Now you shall see what necessarie consequents Mr. Fitzherbert hath drawen from those words of our Sauiour spoken to S. Peter Whatsoeuer thou shalt bind c. and Feede my sheepe For as much saith he m nu 33. p 87 Suppl nu 61. at there can be no good gouernment of men without chastisement when iust occasion requireth it followeth that Christ giuing the gouernment of his Church to S. Peter and so consequently to his Successours gaue them also power to chastise and punish such as should deserue it Whereupon it followeth that seeing all Christian Princes are sheepe of Christs fould and to be gouerned and guided by their supreme Pastour they cannot exempt themselues from his iust chastisement when their owne demerites and the publike good of the Church shall require it And this I say not onely of spirituall but also of temporall and corporall correction 14 But first I willingly grant that Christ giuing the gouernment of his Church to S. Peter and also to the rest of his Apostles and also consequently to their Successours gaue them also power to chastise and punish all those that are sheepe of Christs fould and consequently also all Christian Princes when their demerites and the publike good of the Church shall require it But I vtterly denie that this chastisement is to be vnderstood as Mr. Fitzherbert saith not onely of spirituall but also of temporall and corporall correction For as Christ our Sauiour hath instituted his Church a spirituall and not a temporall Commmon-wealth and consequently granted her power to giue only spirituall goods graces and benefites not temporall goods lands or kingdomes so also the spirituall Pastours or Gouernours thereof haue authoritie by the institution of Christ to chastise and punish spiritually not temporally or which is all one to inflict spirituall not temporall punishments and to depriue their spirituall sheepe and subiects of those spirituall goods which they haue receiued from the Church and by being Christians and not of those temporall goods which they had before they became Christians and which they
thereof and no sufficient proofe to confirme his new inuented Catholike faith touching the Popes power to depose Princes as I will at large make plaine beneath p Chap. 9. seq 25 Secondly it is also vntrue that I onely am the man who denieth the spirituall Pastours of the Church to haue authoritie by the institution of Christ to inflict temporall punishments and consequently to proceed to no other temporall chastisement after they haue cast the dart of Excommunication Many other learned Catholikes as I haue shewed aboue q Part. 2. per totum doe also deny the same and Almaine affirmeth that it is the doctrine of most Doctours that the Ecclesiasticall power cannot by the institution of Christ inflict any temporall or ciuill punishment as death exile priuation of goods c. Yea nor so much as to imprison With what face therefore dare this Doctour to terrifie simple Catholikes cry out so often Onely Widdrington or ely Widdrington as Card. Bellarmine did onely Barclay onely Barclay doe oppose themselues against all Catholikes But God be praised that my Aduersaries themselues haue liued to see what little credit is giuen by Catholikes to their vaunting words and with what disgrace their bookes haue beene handled by the State of France For Card. Bellarmines booke against D. Barclay was condemned and forbidden by the Parliament of Paris vnder paine of treason this Doctours booke against me was disgacefully burnt by the hangman before the great staires of the Pallace and the same fire but by a more publike sentence and in a more solemne manner Fa. Suarez booke also hat passed 26 Thirdly this Doctour very learnedly forsooth carpeth at me for abusing words in calling deposition and killing temporall armour or weapons My Aduersarie Widdrington saith he r Cap. 8. pag. 375. abuseth words when he affirmeth deposition and killing to be temporall armour or weapons F. who euer heard that deposition or killing are armour or weapons They are effects of armour or weapons but they themselues are not armour or weapons But first this Doctour hath so vigilant on eye ouer my words and writings to carpe at them that he quite forgetteth what words he himselfe doth vse For he himselfe heere confesseth that Ecclesiasticall Censures are spirituall armour or weapons whereupon in this very Chapter he callet Å¿ Cap. 8. pag. 360. Excommunication a dart and Card. Bellarmine in his booke against Barclay t Cap. 19. pag. 185. calleth Ecclesiasticall Censures the spirituall sword and yet Excommunication and other Ecclesiasticall Censures are according to his owne doctrine effects of spirituall armour or weapons to wit of the Ecclesiasticall power which he calleth v Pag. 386. 387. in tract contra Barclai cap. 19. pag. â—88 the spirituall sword And if spirituall Censures or punishments may be called spirituall armour or weapons although they be an effect of the spirituall power or sword why may not I pray you temporall censures or punishments as are deposition and killing be called temporall weapons or armour although they be effects of the temporall power or sword If therefore I abuse words in calling temporall Censures or punishments temporall armour or weapons how can he excuse himselfe from abusing words in calling spirituall Censures or punishments spirituall armour or weapons 27 Secondly it is vsuall among Philosophers to nominate and describe a thing by the name of the cause whereupon they deuide a definition into a formall and causall definition or description as the Eclipse of the Moone is commonly described to be an interposition of the earth betwixt the body of they Sunne and of the Moone not for that the Eclipse of the Moone is formally that interposition for it is formally nothing else then a want of light in the Moone but for that it is caused by that interposition and Thunder according to the opinion of Empedocles and Anaxagoras is defined to be a quenching of fire inclosed in a cloude See Aristotle lib. 2. Meoteor sum 3. cap. 1. 2. but according to the doctrine of Aristotle a violent breaking out of a fiery exhalation inclosed in a cloud not for that Thunder is formally the aforesaid quenching or breaking forth for it is formally a sound or noice but for that this sound is caused from thence so likewise spirituall and temporall Censures may be called spirituall and temporall armour or weapons not for that formally they are so but for that they are effects caused from thence But lastly what man is so ignorant who knoweth not that the same thing may be both an effect and also a cause being considered diuers waies and so the same spirituall or temporall Censure and punishment as it proceedeth from the spirituall or temporall power which is rightly called the spirituall or temporall sword is an effect and not to be called a sword weapon or armour yet as it is a cause to bring great griefe to the person so punished or to redresse great euill it may well be called armour offensiue or defensiue yea and griefe it selfe may without abusing of words be called a sword according to that of the holy Scripture Luc. 2. And thy owne soule a sword shall pearce And thus you see how weakely and fraudulently this Doctour hath impugned my answere 28 Now to returne to Mr. Fitzherbert He forsooth bringeth an other reason but as insufficient as his former to proue that the Pastors of the Church haue authoritie to inflict temporall or corporall punishments vpon hereticall or schismaticall Princes if they shall contemne Ecclesiasticall Censures For otherwise how is that saith he x Num. 35. pag. 89. 2. Cor. 10. fulfilled which the Apostle said of the most ample power that he and other Apostles had to destroy Munitions Counsells and all Altitude or Lostinesse extolling it selfe against the knowledge of God yea and to reuenge or punish omnem inobedientiam all disobedience Which words S. Augustine August ad Bonifac Com. epist 50. vnderstandeth of the authoritie left by our Sauiour to his Church to compell her rebellious and disobedient children to performe their duties and the same is also acknowledged by some of our principall Aduersaries namely Caluin Caluin vpon this place who not only expoundeth this place of the coercitiue and coactiue power that is in the Church but also groundeth the same vpon the words of our Sauiour to his Apostles Quicquid ligaueritis super terram Matth. 18. erit ligatum in caelis c. Whatsoeuer you shall bind on earth shall be bound in heauen and whatsoeuer you shall loose on earth shall be loosed in heauen 29 Whereupon I inferre that if the Ecclesiasticall authoritie dâ—d not extend it selfe to the chasticement of disobedient Princes in their temporall states the Church should not haue the power whereof S. Paul speaketh that is to reuenge all disobedience seeing that the disobedience of absolute Princes to Ecclesiasticall Censures should be incorrigible and remedilesse Whereupon it would
necessitie of the Common-wealth shall require it so also the Ecclesiasticall Prince or head of the Church may giue lawes to temporall Common-wealths and the Gouernour thereof according to the vrgent necessitie of the Church the publike good whereof is to be preferred before the particular good of any temporall Prince or Common-wealth by the same reason and law of Nature that the good of the soule is to be preferred before the good of the body spirituall good before temporall heauen before earth and the seruice of GOD before the seruice of any man or of all the men in the world 12 But first although it be true that Christian Princes who are the absolute heads of the temporall States or kingdomes which they gouerne being also parts and members of the mysticall body or spirituall kingdome of Christ which is the Church are consequently subiect in things belonging to the Church to wit in spirituall matters to the visible Pastours Gouernours or heads thereof yet it is not true that temporall kingdomes or common-wealths themselues being taken properly formally and in abstracto are either parts and members of the spirituall kingdome or Church of Christ or subiect and subordained to the Church or the visible heads thereof for then it must needes follow that temporall Princes not only as they are Christians in spirituall matters but also as they are temporall Princes and in temporall things are subiect to the visible heads or Gouernours of the Church which is cleerely repugnant to Mr. Fitzherberts owne words in that place pag. 95. num 4. who affirmeth that temporall Princes are absolute heads of the States which they gouerne in things pertaining only to their temporall States and consequently in them they cannot be subordinate and subiect to the visible heads of the Church 13 Wherefore that comparison which he maketh heere and is the chiefe ground of his Discourse betwixt families cities and kingdomes or ciuill common-wealths and betwixt ciuill common-wealths or kingdomes and the spirituall kingdome or Church of Christ is no fit comparison and therefore neither can the Discourse which is grounded thereon be sound and sufficient For families and cities being taken properly formally and in abstracto are parts and members of the whole kingdome or common-wealth and consequently subordinate and subiect to the kingdome and absolute heads thereof seeing that they are particular ciuill Societies and consequently subiect to the whole ciuill Societie or common-wealth as euery part is to the whole body and to the chiefe head thereof but temporall kingdomes or common-wealths being taken formally and in abstracto are not parts and members of the spirituall kingdome or Church of Christ vnlesse we will hold with the Canonists that the Church of Christ is compounded both of spirituall and ciuill power and that the Pope is both a temporall and spirituall Monarch of the whole Christian world And therefore although it be true that spirituall Pastours haue nothing to doe in matters meerely temporall and which belong to ciuill gouernment yet it is not true that temporall Princes haue not to doe with priuate families and cities in matters that belong to the ciuill gouernment of them for that priuate families and cities are true parts and members of the whole ciuill common-wealth or kingdome and I hope that the Prince who hath to doe with the whole kingdome and gouernment thereof hath also to doe with the gouernment of euery part thereof 14 Secondly no man maketh any doubt but that the spirituall Pastours and Gouernours of the Church may correct any King or ciuill Magistrate when hee doth any thing to the preiudice of the Church and that they may giue lawes to the Gouernours of temporall common-wealths according to the vrgent necessitie of the Church and also that the publike good of the Church is to be preferred before the particular good of any temporall Prince or common-wealth But all the difficultie consisteth in these points first whether authoritie to correct malefactours by the inflicting of temporall punishments as death exile imprisonment priuation of goods c. hath by the institution of Christ beene communicated to the spirituall Pastours of the Church or was leaft only to temporall Princes and the supreme Gouernours of temporall common-wealths Secondly whether spirituall Pastours may giue lawes to temporall Princes I doe not say as they are Christians and haue spirituall subiection and are parts and members of the spirituall kingdome or Church of Christ for of this no Catholike maketh doubt but to temporall kingdomes or common-wealths being taken formally and in abstracto or which is all one to temporall Princes not as they are Christians and haue spirituall subiection but as they are temporall Princes and haue supreme temporall power which doth only reside in them and not in spirituall Pastours 15 Thirdly whether the particular or publike good of temporall Princes or common-wealths is to be preferred before the particular or publike good of the Church for that the temporall and spirituall power doe make one totall body or common-wealth which is the Church as Card. Bellarmine contendeth in which totall body the temporall common-wealth is per se and naturally subordained and subiect to the Church or spirituall kingdome of Christ or whether the spirituall good is to be preferred before the temporall by all Christians both Princes and subiects for that euery man who is a part and member of two cities or common-wealths the one more noble and excellent then the other is by the order of charitie bound to preferre caeteris paribus the more noble and excellent citie or common-wealth and the good thereof before the lesse noble and excellent city or common-wealth and the good of it These be the chiefe heads of this controuersie concerning the vnion and subordination of temporall kingdomes or common-wealths among Christians and the spirituall kingdome or Church of Christ whereof I haue at large debated in the second part where the Reader may see all these points distinctly handled against Card. Bellarmine and D. Schulckenius and also touching all that which Mr. Fitzherbert doth confusedly discourse in this Chapter concerning the vnion and subordination of temporall kingdomes and the Church of Christ And therefore remitting the Reader to my former Treatise where he may cleerely see in what manner the temporall and spirituall power or the temporall and spirituall common-wealth are vnited and subordained let vs see what Mr. Fitzherbert would at length conclude 16 Whereupon I conclude saith he d Pag. 96. nu 6 that seeing this Oath now in question is as I haue proued by the law of God preiudiciall to the power and iurisdiction of the head of the Church to whom all Christian Princes are subiect euen by the law of Nature it followeth that the said Oath is no lesse vnlawfull vniust and repugnant to nature then if a husband should exact the like Oath of his wife or a Maister of his seruant or the father of his children I meane an Oath which should
to campe againe c. 39 Concerning the ceremonies which were to be vsed and the sacrifices which were to be offered albeit in the law of Nature when there was no law of God which did restraine or limit any man to any kinde of ceremony or Sacrifice it was lawfull for euery man to doe what hee would vnlesse it were euill of it selfe and therefore euery man as being considered by himselfe might offer what sacrifice or vse what kinde of ceremony he pleased but as he was a part and member of some Communitie he could vse no other sacrifice or ceremony then that which the Communitie or the supreme Gouernours thereof whose Minister he was did appoint yet in the law written it was otherwise For as God himselfe did limite and determine the places and ministers to doe sacrifice so also he determined all the rites and ceremonies belonging to the worshipping of him whereof the whole booke of Leuiticus doth treate But concerning the Sacrifices God appointed in generall three kindes to wit Holocausts a sacrifice for sinne and a Pacificke hoste Num. 6. and vnder these three were comprehended all other particular kindes of sacrifices of all which and of the ceremonies belonging to them it is treated from the first Chapter of Leuiticus to the eight What other authority the Priests of the olde Testament had in expounding and interpreting the law of God when any doubt or difficulty should arise I declared aboue in the former Chapter when I examined that place of Deuteron 17. Si difficile ambiguum c. If thou perceiue that the iudgement with thee be hard and doubtfull c. 40 Now lastly concerning the law of Christ wherein all the ceremoniall and iudiciall lawes of the old Testament doe cease insomuch that no Christian now is bound to obserue any one of those lawes by vertue and force of the law it is to be considered that our Sauiour Christ hath now instituted a new Priesthood and a new Sacrifice And albeit he hath determined and limited the persons who are to offer Sacrifice and the Sacrifice which is to be offered for the persons or Priests to offer Sacrifice he hath appointed onely his twelue Apostles and those who are duely consecrated and ordained by them or their Successours and the Sacrifice which they ought to offer is one onely to wit the vnbloody offering of his immaculate body and blood vnder the visible formes of bread and wine by vsing those words which he himselfe in his last Supper did vse and institute yet he did neither limit the place where this Sacrifice should be offered nor the ceremonies which were to be vsed in the offering thereof but he left these to the disposition of the Church and to the supreme Pastours or Gouernours thereof to determine them as they should thinke conuenient Besides this authoritie which Christ gaue to the Priests of the new law ouer his true body he gaue them also authority and Iurisdiction ouer his mysticall body which are the faithfull which authority and Iurisdiction is signified by the keyes of the kingdome of heauen which our Sauiour promised to S. Peter and in his person to the rest of the Apostles whom he did represent of which authority I haue spoken somewhat in the former chapter and also in my Apologie Theologicall Disputation and Appendix thereunto 41 And from hence the Reader may easily gather two things the one is the difference betwixt the Priests in the law of Nature and in the law written for that both in the law of Moyses and of Christ the Priests had not their authoritie from men but from GOD neither was it in the power of the temporall common-wealth to extend or diminish their Priestly authoritie but in the law of Nature the Priests had their authoritie from the ciuill Communitie or common-wealth whereof they were parts and members and in whose name and by whose authoritie they were made Priests and had power to offer sacrifice and it was in the power of the common-wealth to extend or diminish or to take quite away their Priestly authority and to appoint and ordaine in what manner and with what ceremonies and what things they should Sacrifice to God and to determine of all things concerning Religion yea and the common-wealth did also determine what Gods they were to woorship and therefore it was decreed by the Senate of Rome that no Emperour should be canonized or made God Alexand. l â—6 cap. 4. but by the decree of the Senate 42 The second which followeth from the former is that considering in the law of nature the Priesthood was wholly subiect and dependent vpon the ciuill Common-wealth in so much that the Priests in the law of nature were subiect and subordinate not onely in temporals but also in spirituals and in all things which concerned Religion and the publike seruice of God to the supreme Gouernours of the temporall Common-wealth from whom they receiued all their Priestly authoritie Mr. Fitzherbert very vnlearnedly concludeth that according to the law of nature the temporall State and power is subiect and subordinate to the spirituall and that the supreme temporall Magistrate was commanded and corrected with temporall punishments as occasion required by the spirituall seeing that the quite contrarie I haue most cleerly conuinced out of Abulensis and the same may very plainely be gathered from the doctrine of Sotus Valentia Suarez Vasquer and other Diuines treating either of Sacrifices in generall or of the Sacrifice of the Masse or of the Priesthood of Christ And therefore I may bouldly say that if in the law of nature an Oath had beene propounded by the ciuill Common-wealth wherin the Religious Priests should haue acknowledged that they might not only for temporall crimes but also for spirituall and which meerely concerned Religion be punished by the supreme temporall Gouernour with temporall punishments and also be depriued of their Priestly function and authoritie the Priests would haue admitted it as lawfull And if an Oath had beene propounded by the Priests to haue themselues exempted from the authoritie of the supreme temporall Gouernour euen in spirituall or religious affaires much lesse in temporall the Ciuill Common-wealth or supreme Gouernours thereof would not haue admitted it as lawfull but would haue punished the Priests for presuming to vsurpe such an authoritie 43 Wherefore those last words of my Aduersarie to Mr. Barlow are a most vaine friuolous and idle florish For albeit the ancient Philosophers and learned Paynims being guided by the law of Nature and light of naturall reason whose doctrine also in this point our moderne Diuines doe follow did cleerely see that in the law of Nature when no positiue law of God was published the Ciuill common-wealth or supreme gouernours thereof had the chiefe command and authoritie in all matters as well concerning Religion as State to whom the Religious Priests were wholy subiect as well in spirituall or religious as in temporall affaires yet they did not turne
from the law of nature or nations but in the order of nature from the ciuill or priuate lawes of euery nation as Suarez before affirmed for that as all histories acknowledge in this there was a great variety among all nations Baptist Fulg. lib. 1. as in Aethiopia saith Mr. Fitzherbert where the Priests determined of the life and death of Kings in such sort that when the Priests signified to them that it was Gods will they should die they presently killed themselues 43 But he might haue added if it had pleased him the next words following in Fulgosus whom he citeth in the margent that this custome of theirs did not alwaies continue Diod. Sicul. lib. 3. cap. 1. for it was abolished by King Erganes who liued about the time of Ptolomey King of Egypt who to the end his death should not be foretold him by the Priests hee slew them all and was the first that tooke away that custome Besides neither was this custome obserued among other nations as among the Romans the chiefe Priest or Bishop ought to keepe his hands not onely pure from all bloud but also he ought not to be partaker or priuie to the death of any man insomuch that if any condemned man did flye to him he was freed from death for that day k Alex. lib. 2. geralium dierum cap. 8. Neither did those Priests of Aethiopia properly put their Kings to death by authority but as interpreters of the will of GOD they did declare that it was GODS pleasure they should kill themselues and so this example is little to the purpose 44 Also in Aegypt saith Mr. Fitzherbert none could be a King except he vvere a Priest True it is that the custome of the Aegyptians was Stobaeus se 42. as Stobaeus also affirmeth to create either Priests or vvarlike men their Kings for honour and nobility vvas giuen to vvarlike men for their fortitude and to Priests for their vvisedome But he that vvas chosen out of vvarlike men to be their King vvas foorthwith made a Priest and partaker of philosophy or the study of vvisedome And no doubt but that this was a laudable custome and so much the more for that the King of Aegypt could not iudge Diodor. Sicul. l. 1. c. 6. but according to the lawes and the Kings themselues were subiect to the lawes of their kingdome yet this custome of the Aegyptians was not generall among other nations For although in times past Plutarch in quaest Rom. as Plutarch writeth Kings did the greatest and chiefest part of Sacrifices and they vvith the other Priests did concurre in sacred rites yet after they became to vvax insolent arrogant and cruell the Graecians for the most part taking away from them their Empire left them onely authority to sacrifice to their Gods 45 And the like custome saith my Aduersary vvas also obserued among the Goths whiles they vvere Paynimes That the Goths had this for a continuall custome that none should be their Kings vnlesse they were Priests I haue not read and that it was among them a continuall practise I can hardly beleeue both for that their custome vvas that their Kings should not be learned but among al nations Caelius l. 8. c. 6. the Priests were vsually the most learned of all the people also for that the contrary is signified by Ioannes Magnus in his historie of the Goths who writeth that their Priests werâ— of diuers degrees to wit Pontifices Archiflamines Flamines Salij Augures and that to their chiefe Priests See Procopius Ioan. Magnus in their history of the Goths Olaus l. 3 c. 8. l. 8. c. 15. who were called Pontifices was granted by them equall power with their Kings whose authoritie was so great that whatsoeuer they should either counsell or commaund both the King himselfe and the people did foorthwith wllingly execute as an oracle from heauen And no maruaile if it were so seeing that the reuerence which the Goths did beare to Priests althogh they were of a contrary Religion to them was exceeding great and to be admired insomuch that when they conquered any Citie they did neither violate Temple nor Priests and in the iudgement of all men they were accounted so pious and religious that they would not hurt any one that should flye to the Temples dedicated to God for succour or Sanctuary And when Alaricus King of the Goths otherwise a barbarous and cruell man inuaded Italie in the time of Honorius the Emperour and had subdued Rome before hee would giue leaue to his souldiers to spoyle the City he proclaimed by sound of trumpet that the bodies and goods of those persons Fulgos l. 1. c. 1. who flyed for refuge to the Apostles Church should not be touched and which is more to be admired the souldiers themselues in the very middest of the sacke and spoyle meeting certaine sacred Virgins carrying vpon their heads plate of gold after they were informed that they were consecrated to the Apostles did not extend their hands so much as to touch them Fulosus in the same place 46 And amongst the Gaules saith Mr. Fitzherbert the Druides vvho vvere their Priests had in their hands the chiefe mannage of publike affaires deciding all controuersies and iudging all ciuill and criminall causes Caesar l. 6. de Bello Gallico excommunicating such as vvould not obey them and those that vvere so excommunicated vvere abhorred and detested of all men But this custome of the Gaules proceeded from the priuate and ciuill law of that nation and was not common to all nations as you may see aboue in the Graecians who from their Priests tooke away the temporall gouerment and left them onely authority to sacrifice to their Gods and the great variety which was among nations concerning the authority of their Priests doth euidently conuince the same 47 I haue also signified before l Cap. 6. nu 10 saith Mr. Fitzherbert m Pag. 132. nu 6. vvhat authority and command the chiefe Bishops and Augures had in the Romane Common-wealth aboue the Consulls and temporall Magistrates vvhen consideration of Religion occurred in matters of State Whereupon Valerius Maximus saith Valer. Max. l. 1. c. 1. that the Romane Common-wealth alwaies preferred Religion before all things euen in men of the highest degree dignity and Maiesty and that their Empire did willingly submit it selfe and obey in matters of Religion esteeming that it should in time arriue to the soueraigntie of humane gouernment if it did well and duely obserue the diuine power Thus saith Valerius of the preheminence and soueraigntie of Religion in the Romane Common-wealth And for the time of the Romane Emperours most of them vvere extreame Tyrants and did condemne as vvell all diuine as humane lawes yet all of them seemed to acknowledge the Soueraignty of Religion in that they tooke vpon them the title and dignity of chiefe Bishops because no man should haue any authority ouer them as the