whence hee likewise hath breath And chap. 35. I subject the Emperour onely to God And chap. 34. Lord under God or representative of God Dominus vice Dei And to Scapula chap. 2. Hee is man next to God less than onely God greater than all while less than God alone This he Concerning this let the Disputation at large bee viewed in the Author of the d 3. Par. De Pot. Pontif. pag. 416. q. 3. Apologie for Andrew Dunal wherein the Parliamentary Custome in France is defended against the 25th Section of the third Canon in the Council of Trent according to the sense of Dunallius who argues out of e Rom. 13. Act. 25. Paul and f Chrys in 13. Rom. Chrysostom And the Gloss also maintains That Clerks and Monks are subjected to the commands of secular Princes and to be governed by their Laws so far as they pertain to the common society of living in a Kingdome that most of all cherisheth peace and tranquillity which cannot but oblige Clerks so that necessarily they ought to obey them their Clericate notwithstanding And by what right hee saith that concerning the Ecclesiastick and spiritual personages of Clerks hee ought to aver the same concerning their corporeal actions yea their sacred and spiritual And this Doctrine as at large is proved in the said Apology both Chrysostome and the Gloss assert in the cited places Beside the reasons which are brought by a L. 5. De Rom. Pontif. Bellarmin out of Scriptures and Fathers to prove That sometimes the temporal Power is subjected to the Ecclesiastick in order to a spiritual end prove also That the Ecclesiastick is subjected to the Temporal in order to a Temporal end as often as it may hinder or conduce necessarily unto it b L. 1. c. 3. contr Parmenian Augustin also expresly inculcates this Doctrine and calls them most unskilful people that contradict it c In Tract de Jurisd Imperat. Occam in his cases of Matrimony speaks thus To say That Spiritual causes no way pertain to a faithful Emperour is judged erroneous by some and hee saith The Spirituals about which precisely the Episcopal Power is conversant are the Spirituals which are delivered onely in the Divine Scriptures and which are no way common to the faithful and unfaithful And d Dialog cap. 99. otherwhere hee saith It is evident That they who perturb the peace of the Church ought to bee suppressed by secular Powers And herein the e Cap. 15. q. 5. c. Princeps Gloss is of the same sense with Occam The same hath f C. 3. q. 1.2 quale Pope Pelagius And g P. De potest Pap. c. 14. Joan. Parisiens When the Pope in Spirituals as the Simonaick collation of Benefices by evil teaching c. scandalizeth the Church nor is there any other remedy the Emperour being required ought to proceed against the Pope And the h Sess 2. Council of Basil yeelds a jurisdiction of punishing contemners of the Canons by the secular Magistrate i Par. 3. q. 3. De Pot. Pap. Dunallius saith That it is offensive unto Kings to say A Clerk that is a Parricide Sorcerer Traitour one that lyeth in wait for the life of his Prince cannot be punished by a secular Judge And these things are not to be maintained in France The Gloss on Rom. 13. citeth Hierome upon Jeremiah k Vid. Rhemens de Pot. Reg. cap. 7. l In 9. Abus Cyprian saith That Princes ought to defend their Churches even against the abuses of Prelates Pope Sylvester the fifth teacheth it after Innocentius And m Lib 2. de Concil cap. 19. ult Paludan Tract de Pot. Pap. Turrecremat l. 3. de Eccles 106. Jacobat l. 8. A 3. n. 6 Hostiens Antonin quos citat Dâ—â—al par â— 9 11. p. 8 5. Cajetan opusc de Pap concil c. 2â— Symmach de Haeret c. 3. ss 3. Et c. 44. ss 31. Panormitan in c. sicut debuit jurando Bellarmin The Pope destroying the Church may be resisted by force and arms And Sayr the same in Thesaur l. 12. cap. 8. n. 8. Joan. Parisiens l. citat cap. 14. Ecclesiasticks that are incorrigibly delinquent in spirituals may be corrected by calling the secular arm in assistance unto the Law which hee saith Chiefly takes place in France the reason is this The act of sin belongs to the vice that commands it if therefore Treason commands a spiritual act as for instance the administration of Sacraments the said administration will belong to Treason and put on a temporal respect or guise as it happened Anno 1034. in a Priest who by giving the communion killed Henry the seventh the Emperour as it is in Genebrard and Cario That administration commanded by that crime as such is a temporal thing and corrigible by the Civil Magistrate And so holds Widrington Apol. num 154 156. where hee will have the preaching of the Gospel for so much as it wickedly troubles the Common wealth capable of being punished by the Secular Judge a 3. par q. 3. p. 393. Dunallius out of b Cap. 27. Enchir. n. 70. Covar ruv. in pract q. 9. c. 31. Citat Johan Fabrum Aufrecium Guiel Benedict Tirraquel Videatur Bochellus l. 2. decr Eccles Gallic Tit. 15. cap. 146. Navarre saies That the custome of France to take cognizance of Ecclesiastick causes by seculars hath been time out of mind See the c Lib. 5. cap. 42. p. 122. Edit Paris Capitular of Charlemaigne where the Kings Judges punish Bishops and Priests d In Somnio c. 36. Philotheus Achillinus saith Kings so they be absolute enjoy the priviledges and right of Emperours in their Kingdomes But it appears out of e In Can. 38.14 Synodi Balsamon That Emperours in time past could 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 make Bishopricks anew and exercise whatsoever Ecclesiastick Oeconomie as seemed them good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Also upon the seventeenth Can. of the Council of Chalcedon and the sixteenth of the Council of Carthage The Kings therefore have prescribed authority in Spirituals by concession of the Church confirming these ancient pacifick uses See Justinians Code where are Imperial Laws concerning the Catholick Faith the holy Churches and their priviledges concerning Bishops Clerks Hospitals for Orphans Monks Places for Ascetick Discipline and their Priviledges f Lib. 4. Cod. de Causis matrimonialibus ex 14. Tit. Nomocanonis Photii not a Book of which but abounds with Imperial Laws concerning Sacred things While the Bishops of the second Synod were called to Rome a Sozom. cap. 12. lib. 7. Niceph. lib. 12. c. 15. Theodoret lib. 4. c. 8 9. Theodosius summons them to Constantinople In France from the beginning of Christianity received there the Kings took cognizance of Spiritual causes as appears out of the first b Et in Praefat. Et Lib. 2. Concil Can. 2.8 Et lib. 3. Can. 11 13 14 22 23 24 26. Council of Orleans under Clodoveus cap. 1. 2. and the second Council of Orleans under Childebert cap. 1 5 9 23. the fourth Council of Arles in Prolog under Charlemaigne the third of Toures the first of Mentz in Praefat. that of Rhemes under Charle maigne in Praefat. 51. the third of Cavaleon in Praefat. the first of Aix or Aquisgrane under Ludovicus Pius and Lotharius in their Epistles c. Flodoardus in the life of Hincmarus l. 3. c. 1. writes That Charles the Bald called a Synod at Beauvois concerning the affairs of the Church of Rhemes c Idem Binius Tom. 3. Concil pag. 344. Concilio Meldeasi cap. 78 79. Exempla Synodales Carolis Ealvi in Concilio Carissiaco Concil Pisteus 863. cap. 1. Wormacticas in init Tribuneus sub Arnuspho Impri Ep. Synodali Aurelian sub Roberâ—o 1017. Stampens Tempore sancti Bernardi idem docent Whence appears That the Kings of France acted in spiritual things according to the manner aforesaid Which Authority of theirs and prescribed Custome hath been translated to the Court of Parliament which began to bee steady or standing under Lewis the tenth as Gaguin l. 4. Nicol. Aegid in Hulmar Genebrard in Chron. l. 3. Anno 758. witness The Parliament alwaies observed for invioable Law the Capitularies of Charlemaigne in the second of which it is thus ordained Among Ecclesiasticks if a cause arise which belongeth either to the dishonour of the Kingdome or the common dammage permit it not long to bee concealed from us Wee ought to correct all these things and whatsoever is in these things which pertain to the peace and justice of our whole people and to the honour of our Kingdome and to the common utility The Ritual of the Consecration of the Kings of France in Bochellus d Lib. 5. Decret Tit. 2. renders the Kings Oath to bee To keep and defend the Canonical priviledge Law and Justice due unto the Churches The King is called by the Arch-Bishop crowning him a partaker of his Ministery Constantine excellently in Eusebius e L. 4. cap. 14. you are Bishops of what 's within and I of all without Caus 20 q. 5. Secular Princes have the pinnacles of their power within the Church I will conclude out of Parisiensis a most solid Divine f Tract de Potestate Papae cap. 21. That the spiritual Right of Collation c. may appertain to a Laike by Custome but hee saith That a spiritual is twofold one by causality whereby a spiritual grace is caused the other by concomitance and that by consequence or antecedence Now saith hee neither the first spiritual as the administration of Sacraments nor the right that follows upon it can appertain to a Laike but the antecedent right may well annexed to spiritual offices as Praesentation Collation especially by concession of the Church and by long Custome prescribed The King may acquire this right unto Himself because this is not repugnant to Him And here let mee end 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉
that is hee preaching Heresie publickly they shall not onely not be subject to Canonical punishment before a hearing in the Synod having separated themselves from communion with him who is called their Bishop but shall be accounted worthy of the honour meet for Orthodox persons for they have not condemned their Bishops but their Pseudo-Episcopal teachers nor have they rent by Schism the union of the Church but have endeavoured to free the Church from Schisms and Divisions The same speaks the single Canon of the Carthaginian Synod under Cyprian which is extant in Balsamon and Zonaras joyned to the Synod of Carthage Videatur Canon 6. 9 32 33. Laodicenus 9. Canon P. Timothei Alexandrini CHAP. 2. Concerning the Priviledges OF THE Isle of Great Britain WHat some have writ is truly to be lamented That the Kings of Great Britain are Feudataries of the See Apostolick and consequently subject to the Holy Pope as Monarch independent on the Canons as well in Temporals as Spirituals whereby they have too much exasperated them and alienated them from their Obedience to His Holiness and Roman-Catholick Communion It were here to be wished that the Holy Pope would yeeld somewhat to the publick peace and safety of Great Britain and be content that the most Serene King and Kingdome of Great Britain might be admitted to the Communion of the Holy Roman Church without any actual dependance on the Sovereignty of the Holy Pope until at least in a full and free Council a remedy might be gotten for this mis-fortune Now I shall assign a threefold Theological Foundation out of which with submission to better judgement appears that such a Council is probable and convenient to be assembled A The first is a grievous fear which the wiser Politicians conceive as affairs stand in Britain from an actual subjection to be yeelded to the See Apostolick and truly who would not fear to be subject unto him that if you displease him can in a little half hours space take away Kingdome and Life and Reputation and is able to arm his Catholick Subjects against him The second foundation is because adhering to the decrees of the Councils of Constance and Basil which have declared them to bee accounted Hereticks who maintain B That the Pope is not subject to General Councils it seems in practice the modern Popes are to be accounted C Hereticks especially since they pertinaciously defend the Heresie which the said Fathers condemned by censures of the Bull in Coena Which I speak not to raise a controversie against His Holiness but humbly to insinuate a probable foundation of pacifying so illustrious a Kingdome and aggregating it to the Catholick Church The third is because by the Ephesine Canon the ancient priviledges of Churches ought to be conserved yea if ravished away by force to be recovered Now the Isle of Britain in times past hath enjoyed the Cyprian priviledge that it should be subject to the Law of no D Patriarch although this priviledge was heretofore abolished by the tumults and violence of wars yet whereas in the time of Henry the eighth it hath been recalled by the consent of the whole Kingdome and since that time peaceably prescribed it seems that for peace-sake it ought to be retained without the loss of Catholicism or the brand of any Schism so that in other things the Kingdome conform it self to the Universal Canons and Customes of the Catholick Church These things I humbly suggest to His Holiness ready to bee corrected by Him if in any particular I have erred from the truth Paralipomena A SEarch the resolution of the a Bochel in Decret dict 1. Gal. l. 5. Tit. 5. Cap. 5. ss 3. Gallican Church in the Council of Tours 1510. under Lewis 12. where the question is put Whether for notorious hatred and unjust assault it be lawful for a Prince to withdraw himself from the obedience of the Pope attending so long until the Pope have stirred up other Princes and Communities yea and hath attempted to compel them to invade the Countries and Dominions of the said Prince It was concluded by the Council That the Prince may substract himself from the obedience of such a Pope and withdraw for the maintenance and defence only of his temporal rights And Gerson b Tract de Auferibilitate Papae ab Ecclesia Consid 14. excellently If there be any one who would convert his Presidence and Papal dignity into an instrument of wickedness and destruction of some part of the Church in Temporals or Spirituals and that there appear no other sufficient remedy but by withdrawing himself from such a raging and self-abusing Pope and this for a time until the Church or a Council shall provide This shall be lawful yet so as that a certain pious necessity urgeth to do it The same hee asserteth in the question Whether in controversies of Faith it be lawful to appeal from the Pope where hee saith The like substractions were approved by the holy Council of Constance and that so was practised in the council of Pisa from which the c In Ep. apud Nyem lib. 3. c. 34. Cardinal of Liege writing saith that what was just before affirmed by Gerson is most assured and alledgeth for himself Augustin Ambrose Bede and others And Gerson saith that this Proposition of Petrus de Luna That it is never lawful to make a substraction from the true Pope was reputed Heretical in the Council of Constance Now whether the causes of substraction in the Kingdome of Great Britain are sufficient is not a matter of Faith but Fact wherein wee must stand to the reasons and authority of the more wise and skilful persons For the Prelates of the Church when the question is concerning the admission of penitents to the Communion and Sacraments of the Church ought not especially in matters of fact to be so tenacious of their own opinion Let them beware lightly to condemn of mortal sin when as in the practick for a strong reason or authority the opinion of the penitent might be probable Unto which the practick being laid down by reason of some circumstance or the possession of some other Confessours ought to conform themselves in their own opinion For surely they are not alwaies obliged to follow the safer opinion if it bee the more rigid if they follow one that is safe it is enough but if the opinion of the Penitent be not accounted very safe let Confessours consider whether they may leave him in ignorance with discharge of their trust In doubtful cases Confessours ought to follow the more favourable opinion for their penitents sake a In Sum. De Sacr. poenit ca. 26. num 8. So Henriques a Divine of the Society of Jesus out of Navarre Sylvester and Cordubensis whom hee cites and followeth I suppose it to bee accounted an opinion not onely probable but certain among Writers who favour the party of the B Holy Pope C That that Faith is to be
eighth Canon of the Ephesine Council in the 24th year of Henry the eighth b Cap. 12. Statut. decreed that controversies should be determined within the limits of the Kingdome without appeal to Foreiners CHAP. 3. Concerning The Popes Primacy and Supreme Power of Kings both in temporals and also Spirituals as they put on a Temporal respect and are means for the hindring or procuring the safety of the Republick THe A Holy Fathers give a Primacy to the Roman Pontifie That Primacy as to Divine Right confers not upon the Pope more authority over the rest of the Bishops than hath the first President of a B Parliamentary Court over the rest of the C Senatours And there being a double Advent of Christ into this World the first which he hath passed in the habit of a servant to minister the second which makes an expectation of him in the form of a Lord and Monarch Psal 2. Matth. 2. to rule and break in peeces the Nations with a Rod of Iron and to subdue all things unto himself it is not without inconvenience that the Disciples of Christ who was a Servant should bee Lords and placed above their Master And whereas Christ was subject to the D Royal Power and humbly obeyed it that the Vicar of Christ should exercise empire and dominion in Temporals over Temporal Lords Kings have supreme power E immediately from God and inferiour to God alone in Temporals yet by Temporals I understand not onely those things which are meerly temporal but also F Spirituals especially corporeal so far as they are necessary to conserve the quiet of the Temporal Republick or oppose it by some necessary impediment for under that consideration spirituals exceed the limits of Spirituals and enter into the rank of Temporals And according to this explication can it be defended in a sound and Catholick sense That Kings are Supreme Lords in Spirituals as they put on a temporal respect no less than in Temporals Paralipomena A MAtth. 10.2 Peter is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the first and that for some singular honour as is observed by * Ep. prima ad Jacob Dionys Areopag de Divin nomin c. 3. Hippolyt Orat. De consum Mundi Origen Hom. 5. in Exod. Hom. 17. in Luc. In cap. 6. ad Rom. Petr. Alexandr Serm. de Poenitent Euscb Caesar Hist. l. 2. c. 13 14 Athanasâ— ad Felic Basil in c. 2. Esal Orat. 3. de Peccato Li. 2. contr Eunom Cyril Hierosol Catech. 2 11 14. Ephraem Syro in Panopl Gregor Nazianz. in Apologet. ad Patr. Gregor Epiphan Haer. 51. Et in Anchorato Chrysost Orat. 5. in Jud. Et Orat. in Petr. Paul Hom. 23. in Matth. Item 83. Et Hom. 87. in Joan. Et Hom 80. ad Pop. Antiochen Et Tom. 9. de Poenit. Cyril Alex. l. 2. in Joan. c. 12. Et l. 4. c. 18. Et l. 10. c. 41. Et l. 12. c. 64. Et lib. 14. Thesaur c. 2. Isidor Pelus l. 1. Ep. 142 235. L. 2. Ep. 58 99. Sozomen l. 7. c. 4. Theodoret. in c. 1. ad Gal. Concil Chalced. Act. 3. Joan. Damasc Orat. de Transfig Domini Et Hist Barlaam c. 11. Theophyl in 16. Matth. In 22. Luc. 21. Joan. In Epist ad Gal. c. 1. Oecumen in c. 1. Act. in c. 1. ad Gal. Euthym. in 16. Matth. Et 21. Joan. 16. Marc. Clement and many other Greek Fathers cited in the Margin Hee is also honoured by all the Latins whom that I bee not too profuse you may see quoted by a In Thes aureo l. 7. art 4. 5. Iodoc. Coccius who also sheweth how both Greek and Latin Fathers agree that the Roman Bishops have succeeded Peter as b Epist 165. Et contr Lit. Petil. l. 2. c. 5. Augustin expresly B Vigorius c In Comment ad Epist Synod Basil ss 4. num 1. explains most learnedly the Primacy of the Holy Pope in these words The Primacy was not for this that the successour of St. Peter should imperiously act all at his pleasure but that hee should be Moderatour and President of the Ecclesiastick Council that is the Clergy as saith Cyprian And in cases of difficulty and great moment that hee should assemble a Council of Bishops over whom hee might preside as it is in the 33. Canon of the Apostles But what things regard the plenitude of Power in the Roman Pontifie they particularly accrewed to him afterward either from Councils or use and custome or by the amplitude of the City or from the Emperours The same delivers d De Benes ibid. Duarenus and the Roman Law apertly which e Cap. Conquestus 9. q. 3. Et c. 2. de Offic. Judic Ord. Vigorius citeth Wee define That Primates or Patriarchs have no priviledge above the rest of the Bishops but so much as the Holy Canons grant and ancient Custome hath of old conferr'd upon them And in my Tractate concerning the Primacy of Councils shortly to be published I have shewed at large That the Roman Pontifie in respect of other Bishops as Successour of St. Peter by divine right in regard of his Primacy hath no actual Jurisdiction more than other Bishops have but at the highest hath a certain habitual power by the Canons of the Church to be extended or contracted for the commodity of the Christian Republick C The Doctors which say That Temporal power belongs not unto the Pope by divine right have been moved to assert it for that Christ had it not in his first Advent Withrington cites almost forty of them in his Apology whom you may there see I will be content here to produce the judgement of one f Aliaceâ—s in quaest de resumpt Cardinal who writes thus If any sayings of holy men seem to intimate That secular Judgements belong to Bishops they ought to be understood not concerning the judgement of coaction but the judgement of discretion and that this pertains to them not by natural or divine right but by humane and Positive Christ and his Apostles would subject themselves humbly to the Laws of Princes and it seems a rash thing to affirm that the foresaid are by divine right And the Cardinal proves his speech concerning Christ out of John 19. where Christ confesseth That Pilate had power given by God to judge him a Apologet. c. 21. Tertullian among the rest distinguisheth handsomely this double Advent of Christ where he calleth the first an Advent in humility the second in sublimity The same b Lib. advers Tuel cap. 19. Et lib. 3. contr Marcion c. 7. Father otherwhere calleth the power a Royal Power in the Advent of Christ. Concerning the Supreme Power of Kings excellent is the confession of the Ancient Church in c Apol. cap. 29. Tertullian Emperours are next to God the first after God The Emperour is therefore Great because hee is less than Heaven that is onely Heaven Thence is the Emperour whence is the man before hee is Emperour thence hath hee power