as God preuented the Iewes and whereas they by lawe of Nature had permission to choose their Kinges yet for their greater good he chose thē one him selue immediatelie so although by the lawe of Nature men otherwise might haue prescribed the manner of worshipping God and the worship had been lawfull so that it had been the worship of the true God and had been free from superstition yet because God hath ordained vs to a supernaturall end and would haue our Ecclesiasticall gouernment free from all superstition he hath himselfe appointed the manner of gouernment and hath giuen the Authoritie So in the lawe of Moyses he chose the Tribe of LEVI to serue in the Tabernacle and Temple and to menage Ecclesiasticall matters he instituted also sacrifices sacramentes and Ceremonies in like sort in the new lawe of Grace vnder which we liue he committed the gouernment of his Church to the Apostles and Disciples only and their successours he instituted seuen Sacramentes and a sacrifice he gaue vs a lawe and beleefe which first he deliuered by preaching then by the written Ghospelles and Epistles of his Apostles and other thinges he committed to the Church which he had instituted and established 5. So that as there is a Ciuill and Temporall Power residing in the Common wealth by which the Prince or Magistrate can gouerne and rule and cōmaund for the conseruation and promotion of the Temporall good of the same so is there a spirituall and Ecclesiasticall Power residing in the Church by which the Pastours haue Authoritie to preach teach administer Sacraments determine of matters of Religion to call Councelles for the better clearing of matters and enacte lawes which shall be thought expedient vnto the honour of God the spirituall good of the Church and euerie ones saluation And this is called Ecclesiasticall power which is distinct from the Temporall in many pointes 6. First in respect of the end and finall cause for Temporall power of it selfe aymeth only at Temporali Iustice peace and conseruation of the Temporall state of the Kingdome or Common wealth Ecclesiasticall power intendeth in this life the spirituall health of the soule and eternall rest and peace in the next Secondlie these powers haue diuers Actes and seing that powers are distinct by their Actes it followeth that Temporall and Ecclesiasticall or spirituall power are distinct That they haue distinct Actes it is manifest for the Temporall power maketh lawes for this corporall life and Temporalle state but the spirituall and Ecclesiasticall power maketh lawes for the soule and her direction the Temporall power remitteth the paines only of sinnes but the spirituall Power remitteth the sinne it self according to that Ioan. 20 Quorum remiseritis peccata c. VVhose sinnes you shall forgiue c. The Temporall power inflicteth and remitteth only Ciuill and Temporall punishments as imprisonment banishment temporall death but the spirituall power as now it is for in the old law there was not Potestas Clauium excommunicateth suspendeth interdicteth which are spiritual punishments and bonds of the soule and remitteth not only these paines but also eternall death and paine of Hell for when the Priest remitteth mortall sinnes he chaūgeth eternall paine into temporall yea some times when the Penitent cometh with a great contrition he remitteth both Eternall and Temporall Thirdly they differ in their obiectes for the spirituall power disposeth not of Temporall thinges but only as they are necessary to the spirituall The Temporall meddleth not with spirituall nor Ecclesiasticall matters according to that of S. AMBROSE S. Ambr. lib. 5. ep 33. ad Marcel soror Ad Impetatorem Palatia pertinent ad sacerdotem Ecclesiae Publicorum tibi maenium ius commissum est non sacrorum To the Emperour Pallaces appertaine to the Priest Churches to thee Emperour the right of common Walles is committed not of Churches And NICHOLAS Pope in an Epistle to MICHAEL the Emperour Ca. Cum ad verū dist 96. Vide etiā ca. Quoniam d. 10. Nec Imperator iura Pontificum arripuit nec Pontifex nomen Imperatoris vsurpauit quoniam Christus sic actibus propriis dignitatibus distinctis officia potestatis vtriusque discreuit Neither hath the Emperour taken to him the rights of Bishops neither hath the Bishop vsurped the name of the Emperour because Christ hath distinguished the offices of both by their distinct actes and dignities Fourthlie they differ in respect of the subiect and materiall cause for although it be not impossible for these two Powers to consort in the same subiect for we see they did in Melchisedech and in the first begotten of the Iewes in the law of Nature and in the Machabees who were Priests and Princes and consequentlie had temporall and spirituall power yet as in other thinges these powers are distinct so God not only in the law of Grace but also in the law written of Moyses would haue these powers placed in distinct subiectes and Persons 2. Paral◠19. For in the law of Moyses AMARIAS menaged matters of the Church law ZABADIAS gouerned the affaires of the Kingdome the Kinges and Princes of the Iewes were of the Tribe of IVDA the Priests of the Tribe of LEVI and those gouerned onely the Common VVealth enacted Temporall lawes waged battaile c. whereas the Priests ruled it matters of the Tabernacle and Temple offered sacrifice and gouerned the Synagogue And now in the law of Grace Christ gaue all spirituall power to the Apostles and their successours and not to Princes for to the Apostles and their successours it was saied VVhatsoeuer you shall bynd vpon earth Mat. 18. shal be bound in heauen and whatsoeuer you shall losse vpon earth shal be loosed in heauen To Princes it was neuer sayd so To the Apostles and their successours it was sayd Ioan. 20. Whose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained To Princes neuer To S. PETER an Apostle and Priest it was sayed Mat. 16 Thou art Peter and vppon this Rock will I build my Church To no Prince was it euer sayd in that sort To Apostles and Priests Christ sayed Matth. vlt. Goinge therefore teach ye all Nations baptising them in the name of the father the sonne and the holy Ghost To Princes neuer To Apostles and Priests Christ said Ioan. 6. As my liuing father hath sent me so I send you that is to preach to minister Sacramentes and to gouerne the Church Ephes 4. To Princes neuer To the Apostles Doctours Pastours Prophets Christ committed his Church to be gouerned Act. 28. to Princes neuer To Priests S. Paul gaue this admonition Attendite vobis vniuerso gregi in quo vos Spiritus Sanctus posuit Episcopos regere Ecclesiam Dei quam acquisiuit sanguine suo Take heede to your selues and to the whole flocke wherin the holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased
who shall haue care of the spirituall and eternall life But let the one not encroache vpon the other let both helpe one another and both are stronger as was excellently obserued by NICHOLAS the Pope Nichol. epist ad Michael Imp. cap. Gum ad verum ventum est d. 96. Cum ad verum ventum est neque Imperator Iura Pontificatus arripuit nec Pontifex nomen Imperatoris vsurpauit quoniaem idem Mediator Dei hominum homo CHRISTVS IESVS sic propriis actibus dignitatibus distinctis officia Potestatis vtriusque difcreuit vt Christiani Imperatores pro aeternâ vitâ Pontificibus indigerent Pontifices pro cursu temporalium tantummodo rerum Imperialibus legibus vterentur VVhen it came to the vnderstanding of the truth neither the Emperour did take vnto him the rightes of Bishop-like authorotitie nor the Bishop did vsurp the name of the Emperour because the same Mediatour of God and men man Christ Iesus hath distinguished the offices of both powers by their proper actes and distinct dignities as that Christian Emperours for attaining eternall life should neede Bishops and Bishops should vse the Imperiall lawes for the cause only of temporall thinges 3. But as both are necessarie so both are not equall but the one inferiour to the other the one subordinate to the other else the one would be an hindraÌ„ce to the other and both would cause confusion And certes if we will not preferre the bodie before the soule heauen before earth temporall before eternall life VVe must preferre the spirituall and Ecclesiastieall power before the Temporall and consequentlie the Church before the Common VVealth 4. These two powers and the preemineÌ„ce of the spirituall before the Temporall were prefigured as Turrecremata hath well remarked by the two brazen Pillars in the Porch of Salomons Temple The Porch was a figure of the Church Militant Turrecr lib. 4. cap. 87. 3. Reg. 7. the Inner Temple of the Church Triumphant because as by the Porch the Iewes entred into the Temple so by the Church Militant and by no other way Christians haue entrance into the Church Triumphant The two brazen Pillars that sustained the Porch signified the Power Temporall spirituall which support the Church Militant and the pillar on the right hand signified the spirituall power the Pillar on the left hand the Temporall power whence it is that that must take the precedence of this and this must be subordinate to that 5. And truly that the spirituall and Ecclesiasticall power is superiour to the Temporall and more eminent then it I prooue First by those thinges by which I haue prooued them in the former Chapter to be distinct For the end and finall cause of the temporall power is temporall and naturall to witt temporall peace the end of the spirituall Authoritie is eternall and supernaturall peace the immediat cause efficient of the Temporall is the people the immediat cause of the spirituall is God The matters in which the temporall power is occupied are temporall the affaires which the spirituall gouerneth are Ecclesiasticall and spirituall the functions of the temporall are all temporall the functions of the spirituall power are all spirituall and supernaturall as absoluing from sinnes ministring Sacraments offering of sacrifices enacting lawes for the soules health excommunicating absoluing c. The temporall ruleth especially the bodies the spirituall the soules that ruleth the Kingdome or Common Wealth this the Church To the King the Keyes of Cities are offered to the Priest and Pastour the Keyes of heauen He remitteth temporall Mulctes and paynes no sinnes at all The Priest and Pastour remitteth sinnes and absolueth from all paynes He can cast out of his Kingdome by banishement the Pastour out of the Church by Excommunication And therfore looke how farre eternall felicitie excelleth temporall God the People supernaturall and diuine thinges naturall and humane spirituall functions temporall soules bodies the Church the Common VVealth the Keyes of heauen the Keyes of cities sinnes ciuill penalties eternall temporall punishment excommunication banishement so farre the Ecclesiasticall and spirituall excelleth the Ciuill and Temporall Authoritie By this Argument S. CHRYSOSTOM as alwaies very excellentlie proueth the Priests to be greater then the King Chrysost homil 4. de verbis Isaiae tom 5. Mane intra tuos terminos ô Rex alij sunt termini Regni alij sacerdotij hoc Regnum illo maius est Rex ea quae sunt in terris sortitus est administranda caeterùm ius sacerdotij è supernis descendit Regi corpora commissa sunt sacerdoti animae Maior hic Principatus propterea Rex caput submittit manui sacerdotis vbique in scripturâ sacordotes inungebant Reges Remaine within thy boundes O King others are the limites of the Kingdome others of Priesthood this Kingdome is greater then that The King hath the administration of the things of the earth but the right of Priesthood defcendeth from aboue To the King bodies are coÌ„mitted to the Priest soules greater is this principalitie and therfore the King inclineth his head to the hand of the Priest and euerie where â—n Scripture Priests did anoint Kings Secondlie there is no Christian can denie but that since God hath ordained vs to a supernaturall end to witt the cleate vision and fruition of him selfe as all Scripture witnesseth that he hath all our goods also and states are ordained to the same end and are not well vsed but rather abused when they are vsed to serue our pleasures contrarie to that end whence followeth that all temporall thinges since the former Institution and ordination of God are Media meanes in respect not only of out supernaturall end but also of supernaturall meanes as Sacraments Grace and supernaturall functions which are more proportionate and more neere meanes to that end and consequentlie temporall power which ordaineth of these meanes is subiect to spirituall power which principally considereth the supernaturall meanes and end For as the art of ryding is more noble Arist li. 1. Eth. c. 1. then the art of making bridles as Aristotle to a like purpose reasoneth because this is ordained to that so the spirituall power which disposeth of supernaturall thinges is nobler then the Temporall this being ordained to that and the end being more noble then the meanes 6. Thirdlie Philosophers affirme that all habites and faculties are specified and dignified by their actes obiectes and endes and so Morall Philosophie which hath vertue and manners the health of the soule for its obiect is more noble then the art of Phisicke which teacheth only to cure the diseases of the bodie and to restore corporall health Seeing therefore that the obiects of spirituall power are supernaturall and heauenlie the obiects of Temporall power are naturall and earthlie the end also of spirituall power is eternall beatitude the end of temporall power temporall felicitie the actes also and functions of that power spirituall and supernaturall the actes of this naturall and
the Synagogue yet could it not thence be inferred that Princes are to gouerne the Church of Christ For first the Synagogue was more terrene and Lesse perfect then the Church and so as their sacrifices and Priests were terrene in respect of ours so God might haue giuen them terrene Princes for their chiefe Ecclesiasticall superiours which manner of gouernment is not to be made a patterne for the gouernment of the Church of CHRIST this being a more perfect common wealth more spirituall gouerned by more spirituall Pastours enriched with a more spirituall sacrifice and Sacraments Secondlie if Princes then were rulers of the Synagogue it was by Gods speciall and Indiciall law and seing the Iudiciall and Ceremoniall lawes are abrogated they can not binde Christians or if Bilson will needs haue it that Christian Princes must now gouerne the Church because they then ruled the Synagogue one might inferre that the Ministers of England must be circumcized and must offer Caldes because then the Iewish Priests did so VVherfore that law as Ceremoniall and Iudiciall being abrogated we must looke to the new law in which not withstanding there is no one Text or example that giueth Princes the rule of the Church Thirdlie I answere that none of all the Kings alledged by D. Bilson and D. Andrewes did gouerne the Synagogue in Ecclesiasticall matters but did onlie assist the priests that gouerned and punnished Malefactours and transgressours of the law Suarez according to the prescript of the law interpreted by the Priests as Suarez in his answere to our soueraine hath learnedlie declared 6. The second argument against Princes spirituall supremacie shall be this If a Prince hath authoritie to gouerne the Church of his Kingdome either he hath it preciselie because he is a King or because he is a Christian King but by neither of these waies he hath it ergo by no way he hath it Not because he is a King for Kinglie power only medleth with temporall and humane matters and therfore Kings are called Humanae Creaturae 1. Petri. 2. humane creatures and they haue their authoritie from the people in manner afore sayd which people can giue no Ecclesiasticall power that being spirituall and supernaturall yea if Kings as Kings had this Authoritie then the Kinges which raigned in the Apostles time though Infidels should haue been Heads of the Church although they were no members at all and consequentlie NERO should haue been Head of the Church and all the Apostles and the sheepe of Christ had bene committed to a Rauening Wolfe which though it be most absurd to imagine yet TOMSOM as BECANVS in his booke entituled the English Iarre reciteth is not ashamed to auouch it saying Omnes Principes etiam Pagani obiectiuè habent supremam potestatem in omnes omnino personas suorum subditorum generatim in res ipsas siue ciuiles sunt siue sacrae All Princes euen Paganes obiectiuelie haue supreme Authoritie ouer all the persons of their subiectes and generallie ouer their goods whether they be Ciuill or holy Not because he is a Christian King because Baptisme by which he is made a Christian and member of the Church giueth the King no new power no more then it doth to others that are baptized And therfore if before Baptisme he be no Head of the Church neither is he after Baptisme rather Baptisme as aboue we haue seene maketh him a subiect to the Church wheras before he was not and only giueth him a new charge to obey serue and assist the Church VVherby it may appeare how fowlie Doctour ANDREWS was deceiued when he sayd That an Ethnick King when he becommeth a Christian gaineth and getteth a new right and power ouer the Church and Spirituall matters for these are his wordes Quin Rex quiuis Tortura Torti pag. 40. cum de Ethnico Christianus fit non perdit terrenum ius sed acquirit ius nouum in bonis Ecclesiae spiritualibus Yea euery King when of an Ethnike he becometh Christian doth not loose his terrene right but getteth a new right in the spirituall goods of the Church And Citing Bellarmine he sayth Omnia haec Dominus tuus totidem verbis All those things thy Master Bellarmin in so many words affirmeth Bollar lib. 5. de Pont. ca. 2. 3. as though Bellarmine had affirmed that a Pagan King were Head of the Church and had right and power in spirituall matters whereas Bellarmine is too learned to make so grosse an errour and only affirmeth That Pagan Kings are true Princes and Lords of their Countries 7. But perchance they will say that the Prince hath this Authoritie by a speciall Graunt from God him self This they may say but with how little reason may appeare by that which alreadie I haue handled in this Chapter for I haue prooued out of scripture that Christ gaue all Authoritie concerning the gouernment of the Church to his Apostles and their successours and not any at all to Kings and Princes VVhich because our state pleasers perceaued well enough they are enforced to play the Iewes and to alledge examples out of the old law as D. Bilson and D. ANDREWS do which examples not witstanding as I haue shewed do not firt their purpose for they knew and D. ANDREWS confesseth saying Exemplum inde nobis snmendum est Tortura Torti pa. 363. cum in Testaemento nouo nullum habeamus Thence wee must take an example since in the new Testament we haue none that there is not one text or example in the new Testament that giues Princes any power ouer the Church but rather giueth it from them vnto the Pastours 8. Thirdlie if Princes were supreme Commanders in Ecclefiasticall matters and gouerment of the Church the gouernment of the Church should not be Monarchiall which yet is the best gouernment Aristoâ— l. 8. Eth c. 1â— Plato in Poli. Senec lib. 2. de Benef Plut. in opusc â—a de re Homer 2. Iliad Iustorat ad gent. Athan. orat ad Idola Gypr lib. de vanit IdoloruÌ„ Mat. 16. Ioan. 21. as Aristocle with all the best Philosophers and auncient Fathers do affirme and was in deed chosen by Christ for his Church as the writers of this time prooue out of scripture and especiallie out of those wordes spoken to S. Peter Thou art Peter and on this Rocke will I build my Church and those also Pafce oues meas seede my sheepe but rather if Kinges were euerie one head of the Church in their Kingdomes the gouernmeÌ„t of the Church should be Aristocraticall because the Church should be gouerned by diuers Princes which were most inconuenient in the Church and subiect to schismes and tumultes For if euerie King be supreme Head in his Kingdome when a Generall Councell should be called as his Maiestie of England desireth I demand who should call it The Emperour the Kinges of England Spaine and France though they giue him precedence in place and honour yet they pretend by prescription and
indifferent and not otherwise forbidden Fiftlie Mat. 18. Christ gaue authoritie to his Apostles to loose and bynd by excommunications suspensions and interdicts which actes of Iurisdiction are the spirituall bands and Censures which the Church layeth vpon rebellious Christians as Diuines and Fathers interprete Which power Saint Paul in his second Epistle to the Corinthians insinuateth saying If I come againe I will not spare and againe These things I write absent that being present I may not deale hardlie according to the power which our Lord hath giuen me vnto edification and not vnto destruction 1. Cor. 4. 1. Cor. 5. D. Th. in hac loca Gregor Nyssâ—in orat aduersus eos qui agre ferunt reprehens Chrysost hom 60â— ad pop Ant. Hieron ep 53. And in his first Epistle he sayth VVhat will you in rodde that I come to you or in charitie and the spirit of mildnesse And againe he in absence by his letters and mandatum excommunicateth the incestuous person and deliuereth him vp to Satan Out of which wordes Saint Gregorie of Nisse and Saint Chrysostome do gather the power of Excommunication As also doth Saint Hierom who marueileth that the Bishop in whose Diocese Vigilantius liued did not Virga ferrea confringere vas inutile tradere in interitum carnis vt spiritus saluus fiat With an iron rodde breake that vnprofitable vessel and deliuer him to Satan for the destruction of the flesh that the spirit may be saued So S. AVGVSTIN Aug l 1. de pen. cap. 14. so all Fathers so Caluin him selfe vnderstand this place of the power of Excommunication though Caluin will haue onlie the Presbyterie and companie of Seniours not any one alone to excoÌ„municate contrarie to the expresse text which telleth vs that Saint Paul alone absent did excommunicate and deliuer vp to Satan VVhere is to be noted that by excommunication stubbern Christians are saied to be deliuered vp to Satan either because they are cast out of the Church where Satan domineereth or else for that they are depriued of the suffrages and helpes of the Church and so more exposed to Satans tentations or lastely because in the Primatiue Church the Deuil by and by seazed and tooke poslession of the person excommunicated 10. Sixtlie as because the law of Nature could not determine particulerly of all particulers Ciuill power was necessarie to gouerne the Communitie and enact lawes conducing to the Temporall state so because God his law hath not determined all particulers it was necessarie the Church should haue power to call Councelles tomake patticuler lawes according to the times and other circumstances 11. Seuenthlie euerie absolute Common wealth hath power in the Prince and Magistrates to gouerne and defend it self to make lawes to punishe Malefactours c. But the Church is an absolute Common wealth and more absolute then a Kingdome this being subordinate to that not that to this ergo it was to haue all spirituall Authoritie necessarie to gouerne and defend it selfe else Christ had not sufficientlie prouided for it 12. Fightlie we are bound to obey Princes lawes and Authoritie in conscience ergo much more the Churches Authoritie and law this being spirituall that but temporall this being the subordinant that the subordinat power as wee shall see herafter And therfore if the Apostle will haue euerie soule to be subiect to Authoritie and higher powers Rom. 13 he will especiallie that they be subiect if they be members of the Church vnto her spirituall power for as SYMMACHVS Pope sayd once to the Emperour ANASTASIVS Si omnis potestas à Deo est Ep. ad Anastaf Imp. magis ergo quae rebus praestituta est diuinis defer Deo in nobis nos deferemus Deo in te If all power be of God much more therfore that power which gouerneth diuine matters Honour thou God ô Emperour in vs and we will honour him in thee CHAPTER IIII. These two Iurisdictions and powers Ecclesiasticall and Ciuill are compared and conferred and the preeminence is giuen to the Ecclesiasticall 1. AS the little world Man called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can not consist without bodie and soule nor the great world without the Sunne and Moone so neither can the spirituall world of the Church flourish any time vnlesse it be supported as by two Pillars by the spirituall and Temporall power and Authoritie But as if the Moone should or could contend with the sunne and would or could disdaine to receaue light from the sunne or would or could encroach vpon the sunnes right in the gouernmet of the day all would be out of order so if one of these powers should be at variance with the other and would not receaue light and direction by the more lightsome or would encroach preposterouslie on the others demaines the Church could not long flourish And as if the body should rebell against the soule the flesh against the spirit sensualitie against reason it would perturbe reasons order and breake the Oeconomie of Morall life so if one of these powers should offer iniurie to the other the Mysticall bodie of Christ his Church would be out of frame Wherfore seeing that Christ the Wisdome of God is the Authout of both he no doubt hath disposed them sweetlie Sap. 7. and consequentlie hath setled some order betwixt them because Quae à Deo sunt Rom. 13. ordinata sunt Those thinges that are of God are ordered And for as much as Pluralitas principatuum non est bona Pluralitie of principalities is not good Arist l. 12. Metaph. cap. vlt. to wit Vnlesse one be subordinate to the other no doubt he hath subiected one of these to the other For which cause in this Chapter I will endeauour to shew which of these powers taketh the precedence which hath the preeminence and superioritie wherin and how farre 2. But because Comparisons betwixt so great Powers and Principalities and especiallie in these our corrupted times are odious I protest before hand that I entend not do detract any right or prerogatiue from either but onely to giue to Caesar and his temporall power what belongeth vnto them and to God and his Church Mat. 21. what appertaineth to them For I confesse and haue prooued that both these Authorities are of God both are excellent and eminent in their kinde both to be honoured both to be obeyed within their limites both so necessarie to the Church of God that it can no more stand without them then the world without Sunne and Moone For take away Temporall power and who shall defend the Church and assist her for the execution of her lawes and sentences Take away the spirituall power and who shall direct and correct the Temporall when it is exorbitant Take away the Temporall and who shall drawe the sworde Take away the spirituall and who shall preach the worde Take away the Temporall and who shall haue care of our corporall and temporall life Take away the spirituall and
morall It must needs followe that the spirituall power excelleth the temporall as much as the obiects endes and actes of that doe surpasse this 7. Fourthlie that power is greater to which euen the Princes them selues are subiect then that to which the subiects and people onlie are subiect not the Prince for though the Prince be subiect to his owne sawes quoad vim directiuam yet not quoad vim â—perciuam but the Prince is subiect to the spirituall powet of the Church as much as â—he lowest and meanest of his subiects ergo â—he spirituall power of the Church is more â—minent then the Temporall power of the Prince or Common VVealth The Maior â—roposition is euident The Minor I shall â—rooue in the next Chapter wherfore the â—onclusion must needs followe 8. Hitherto I haue prooued that the spiâ—ituall and Ecclesiasticall power is more â—minent and noble then the Temporall â—nd consequentlie that the spirituall is â—igher in dignitie but whether it can comâ—and correct curb or restraine the temâ—orall I haue not as yet either prooued or declared for many things are more highe in dignitie then others which yet haue no authoritie to command or punnish As for example the Protestants of this time will not lett to graunt that the Pope is the highest Patriarch in dignitie yet they say he can not command out of his particular Diocese of Rome and all Diuines graunt that the power of the Church is more noble then any power of Princes or Emperours that being spirituall and supernaturall this onely temporall and yet they say that they that are not baptized be they Princes or subiects are not subiect vnto it so as the Church can command or punnish them spirituallie And the King of France is more eminent in dignitie then any of the noblest subiects of England or Spaine and yet hath no authoritie to command or punnish them for faultes committed out of his Realme Wherfore it resteth that I prooue that the Church by her spirituall and Ecclesiasticall power can command all Christians euen Heretickes that are baptized And this besides what hath been saied in the former Chapter to the proofe thereof I shall briefely yet cleerely shew by these ensewing arguments 9. For first the Ecclesiasticall superiours are true Pastours of the Church ergo they can not only direct but command and correct at least by spirituall paines and chastisements The Antecedent I prooue out of scripture Pasce oues meas Feede my sheepe Ioan. 21. saied Christ to S. Peter and his successours and all Pastours in their kinde Ad Eph. 4. Christ saieth S. Paul gaue to his Church some Apostles some Prophetes and other some Enangelists and other some Pastours and Doctours Act. 20. And the same Apostle speaking to Pastours sayth Attendite vobis c. Attend to your selues and your whole flocke To which purpose also S. Peter addeth saying 1. Pet. 5. Pascite qui in nobis est gregem Dei Feede the flocke of God which is in you The consequence I prooue because to a Pastour it belongeth not onlie to feede by Sacramentes and the word of God but also to rule to gouerne and correct and consequentlie the Pastours of the Church can make lawes which bynd all Christians their subiectes in conscience and they can correct and punnish â—he delinquents at least by spirituall chastisements of Excommunication and other Censures 10. Mat. 18. Secondlie Christ gaue power by his Apostles and successours to bynde and loose which argueth Iursdiction 11. Thirdlie the Apostles and their succesâ—ours haue vsed this Authoritie ouer Chriâ—tians Act. 15. 1. Cor. 5. Tit. 1. 1. Cor. 7. 2. Cor. 10 for they enacted lawes in their first Councell Saint Paul excommunicated the â—ncestuous Corinthian They appointed Bishops and Priests to gouerne particuler Churches Saint Paule distinguisheth his â—wne power of making lawes from Christs And hee saith Arma militiae nostrae non carnalia sunt sed potentia Deo ad destructionem munitionum c. The weapons of our VVarfare are not carnal but mightie to God vnto the destruction of munitions destroying Counsels and all loftinesse extolling it selfe against the Knowledge of God c. and hauing in a readinesse to reuenge all disobedience c. 12. Fiftlie I proue it by a Theological Argument By Baptisme Christians are made true members of the Mysticall bodie of Christs Church no lesse then subiects are of the Kingdome or Politicall bodie D. Tho. 3. p q. 63. art 6 q. 68. a. 1. q. 69. a. 4 5. yea more because they are incorporated to the Church by a reall supernaturall and indelible Caracter But all members are so subiect to the head that the head by Authoritie may command correct and punish them if they transgresse ergo the Pastours of the Church and especiallie the chiefe Pastour hath Iurisdiction ouer all those that are baptized be they true Christians or Heretickes or Apostataes This I confirme by this congruence Euerie one is bound to the lawes of the Realme in which he was borne by reason that his natiuitie in that place maketh him a true member of that Kingdome as our Soueraine Liege himselfe well obserueth In praef monitor pag. 12. And seing that Baptisme is a regeneration and newe natiuitie by which we are borne in the Church for euen the Children of Heretickes though they be baptized by Heretickes if they be trulie baptized are borne in the Churche it followeth that all that are baptized are bound to obey the Church and chiefe Pastour of the Church to obserue her lawes and may be punished by the Church if they transgresse the same else the Church which is the most eminent state and Common wealth should be inferiour vnto the lowest and meanest Politicall common wealth that is for there is no lawfull common wealth but it can make lawes and punish the transgressours 13. Sixtlie the Church is an absolute Common VVealth and consequentlie hath Authoritie to make lawes to appoint spirituall Magistrates to call Councels and to decide controuersies to correct and punish Heretickes and Blasphemers and all sinne which are properlie opposite to her gouernment and Ecclesiasticall peace but this supposeth a legislatiue an commanding and not only a directiue but also a coerciue power ergo the Church and especiallie her chiefe Pastour Christs Vicaire hath such Authoritie l. 2. ff de Iurisd omnium Iud. cap. Praeterea de officio delegati This Argument I confirme thus The Ciuill lawe telleth vs Cui iurifdictio data est ea quoque concessa esse videntur sine quibus iurisdictio explicari non potuit To whom iurisdiction is graunted those things also seeme to be graunted without which the iurisdiction could not be explicated And againe Ex eo quod causa alicui committitur super omnibus quae ad causam ipsam spectare noscuntur plenariam recipit Potestatem In that a cause is committed to any he receiueth full power ouer all things which are known to pertaine
monstretur The beginning is taken from one and the Primacie is giuen to PETER that one Church and one chaire may be shewed Cypr. ep ad Iubaianū Hier. lib. 2. contra Iouin And in his Epistle to Iubaianus Ecclesia quae vna est super vnum qui Claues accepit voce Domini fundata est The Church which is one is by the voice of our Lord founded vpon one who hath receiued the Keyes And S. HIEROME sayth Inter duodecim vnus eligitur vt capite constituto schismatis tollatur occasio Amongest twelue one is chosen that the Head being appointed the occasion of schisme may be taken away But if we admit euerie King as Head of the Church in his Kingdome we shall not haue one visible Head but manie and those also verie diuers For as Kings claime supremacie in causes Ecclesiasticall because they are supreme Princes for the same reason may the senate in Venice Genua and Geneua challenge the same Authoritie Whence followeth that vnitie in faith and Sacraments vnder so diuers Heads cannot any long time be retained but we should haue as many Religions as Kings and as many diuers and independent Churches and Kingdomes for one King will not depend either for him selfe or his people of an other 12. This diuision we see alreadie proceedeth from these diuers Heads Haue we not seene how Religion in England hath changed with our Kinges since they challenged supremacie of our Church King HENRIE the Eight in the six and twentith yeare of his Raigne in the Parlament holden at VVestminster the third of Nouember 1534. enacted that the King should be reputed the onlie supreme Head in earth of the Church of England and should haue aswel the Title and stile as all honours authorities and commodities belonging thervnto and all power also to redresse all Heresies errours and abuses in the same and the yeare before also the fiftenth of Ianuary the King and Parlament decreed That no Appeales should be made to Rome no Annates or Impositions should be paied to the Bishop of Rome no sutes should be made to him for licēre or dispensation And yet in the Parlam̄et holden at Westminster anno Domini 1554. the first and second yeare of King PHILIP and Queene MARIE obedience was restored to the Church of Rome and all statutes repealed which derogated to the Authoritie and honour of the Sea Apostolick and the Title of the Kings supremacie in causes Ecclesiasticall was reiected After this notwithstanding was the same Authoritie taken againe by Queene ELIZABETH in the Parlament Anno Domini 1558. Anno 1. regni Elizab die 13. Ian. Likewise in the Parlament holden by King HENRIE the Eight in the one and thirtith yeare of his raigne and eight and twentith of April and in the yeare of our Lord 1537. these six Articles were enacted The Six Articles The Reall presence of the true and naturall Bodie and bloud of Christ vnder the formes of bread and wine without the substance of bread and wine 2. That Communion vnder both kindes is not necessarie for the people 3. That Priests cannot marrie after Priesthood 4. That Religious after their vowes cannot marrie 5. That Priuate Masses are according to Gods law and to be allowed 6. That Auricular Confession is expedient and necessarie And yet this statute was qualified and repealed by EDWARD the sixt his sonne and as yet a Child in the yeare of our Lord 1547. 4. Nouemb. and first yeare of his raigne After that againe the self same six Articles were receiued and confirmed in Queene MARIES raigne in the first Parlament an Domini 1553. 24. Octob. and in another an Domini 1554. Likewise King HENRIE the Eight in the Parlament holden the 22. of Ianuary and 34. of his raigne in the yeare of our Lord 1542. condemned Tindals Translation of the Bible and all bookes written against the Blessed Sacrament and forbad the Bible to be redd in English in any Church which statutes were repealed by King EDWARD at VVestminster an 1. Edu 6. Domini 1547. And yet the former statute of King HENRIE was renewed by Queen MARIE in the first yeare of her raigne an Domini 1553. and repealed againe by Queen ELIZABETH in the first yeare of her raigne So that if Kings be heads of the Church and haue supreme Ecclesiasticall Iurisdiction we shall haue as many Religions almost as Kinges And euen as King HBNRIE the Eight after his vsurpation of the supremacie changed his wiues and made his mariages lawfull and vnlawfull his children legitimat and illegitimat at his pleasure and by Authoritie also of the Parlament which durst not gainesaie so euery King shall haue authority to change religion and must be obeyed as the onlie supreme Head in earth of the Church For as King HENRIE the Eight and his young Sonne King EDWARD and his Daughter Queene ELIZABETH challenged Authoritie to redresse errours and correct heresies to giue validitie to all Ecclesiasticall lawes and Synodes as King HENRIE made it Heresie to denie the Reall Presence so another King of England or of another Kingdome may decree the contrarie As King HENRIE forbad Priests to marrie so another King will permit them to marrie As King HENRIE commanded the Bibles to be read and diuine seruice to be sayd and song in Latin so another will like better of the vulgar tongue of his owne Countrie and if you say that the King is tyed to the word of God euerie one of them will say that they follow the word of God hauing the Authoritie to iudge of heresies and consequentlie of the true meaning of the word of God 3. Sixtlie if Princes were Heads of the Church a ridiculous consequence and of which euen the Kinges and Queenes of England haue bene ashamed would follow to wit that they may preach minister Sacramentes excommunicate call Councels and sit as iudges in them c. For if the Prince be supreme head he is also supreme Pastour of the Church of his Kingdome for Head and Pastour in this kind is all one In Tortura Torti And this D. ANDREWES graunteth and prooueth by the example of DAVID to whom the people sayd That God had sayd vnto him Tu pafces populum meum Israel 2. Reg. 5 Thou shalt feede my people of Israel VVheras there only mention is of a Temporall Pastour gouernment and feeding as appeareth by the words following Tu eris Dux super Israel Thou shalt be Captain ouer Israel Gen. 45. And in this sence IOSEPH said Ego te pascam I will feede thee meaning his father IACOB So that if the Prince be Head of the Church he is Pastour but it pertaineth to the office of a Pastour to gouerne his sheepe by lawes to feede them with bread of the word of God Matt. 4. by which the soule liueth and the Sacraments to seuer an infected sheepe from the flocke by excōmunication least it infect the whole and consequentlie if the King be supreme head
followed him sayth S. CHRYSOSTOME non vt Regem eiecturus Homi. 5. de verbis Isaiae sed vt profugum ingratum filium expulsurus not as though he were to cast out of the Temple a King but a Runnegate and vngrateful seruant Followeth him as an eagre Mastiffe doth the beast to chase him out of his Lord and Maisters howse and as one that tooke no care of the Kings threatning feared neither his Garde nor his Regalitie nor his golden crowne nor his Kinglie scepter nor his sterne lookes and Maiestie but with an vndaunted courage with a Constant countenance and a free voice that neuer had learned how to flatter 2. par 26 he telles him as plainlie as trulie Non est tui officij OZIA vt adoleas Incensum Domino sed sacerdotum hoc est filiorum Aaron qui consecrati sunt ad huiusmodi Ministerium egredere de sanctuario ne contempseris quia non reputabitur tibi ad gloriam hoc à Domino Deo It is not thy office OZIAS to burne Incense to our Lord but of the Priests that is of the Children of Aaron which are consecrated to this kinde of Ministerie Go out of the sanctuary contemne not because this thing shall not be reputed to thee for glorie of our Lord God Vide sayth S. Chrysostome Hom. 4. de verbis Esaiae libertatem vide mentem seruire nesciam vide linguam coelos attingentem vide libertatem incoercibilem vide hominis Corpus angeli mentem vide humi ingredientem in Caelo versantem Behould the freenesse and plainesse of a Priest behould a minde that neuer knew how to be seruile behould a tongue that is heard to Heauen behould an vnrestrained libertie behould the bodie of a man the mind of an Angell behould one treading on the ground yet conuersing in heauen Let me ô Christian Princes a Priest not of AARON but of Christ vse the like libertie against you that inuade the Churches right and arrogate Priestlie dignitie It is not thy office ô King ô Prince to meddle in Church matters or gouernment of the Church but it is the office of Priests and Prelates consecrated and ordayned for that purpose Dareth a Prince once offer to meddle in the Churches gouernment to sitt as Iudge in her Synodes to pronounce sentence in her tribunals to prescribe seruice in her Temples Depart ô King whosoeuer thou art that art thus hardie depart out of the sanctuary command no more in the Church if thou wilt command long and prosperouslie in thy Kingdome Depart I say this is no place for thee Contemne not my Counsell least thou paie for thy contempt and be stricken with a leprosie in thy forehead for such impudencie It is no glorie for thee ô King to meddle in Church matters It is a glorie indeed and as much greater then the office of a King at it is more to gouerne soules then bodies and to menage spirituall then temporall affaires But it is no honour to a King neither will it euer turne to the prosperitie of him or his Posteritie All the Auncient Kings yea and Emperours also so mightie in Armes so rich in Treasure so glittering in their Crownes Scepters purple and pretious stones so fortunate in VVarre so glorious in Victories neuer dreamed of such ambition but thought it their honour to be defendours not rulers of the Church subiects in Spirituall matters no Pastours Children no Fathers Inferiour members to the Church no supreme Heads and therfore submitted their scepters to the Pastorall staffe their Crowne to the Mitre their Temporall swords to the spirituall glaiues their lawes to the Canons their Kingdomes to the Church their persons to the Priests And shall now a King a Christian King arrogate Ecclesiasticall authority If he will raigne long ouer his subiects let him permitt the Churches rule and command ouer him If he will haue God for his Father let him acknowledge the Church for his Mother him self a sonne no Father a subiect in this kinde no superiour 25. Harken ô King whosoeuer thou art that arrogatest Ecclesiasticall Iurisdiction or encroachest vpon the Churches right and demaines vnto S. AMBROSE his Counsell which he gaue to VALENTINIAN the yonger When didst thou heare Supra citatus pag. 143 O most ClemeÌ„t King that laymen were Bishops Iudges in matters of faith and Church do not trouble thy self as to thinke that thou hast any Imperiall right in diuine matters Giue to God and his Church and Pastours what is due to them if thou wilt that thy subiects giue to thee what belongeth to thee ô King Giue eare ô King to graue Hosâ—vs his speech Leaue of Ibidem O King to intermeddle in such matters remember thou art a Mortall Man a King no Priest and reserue thy selfe pure and fâ—â—e from suth audacious attemptes command not Priests in Ecclesiasticall matters but rather learne such things of them ô Potentate ô Prince ô King Nu. 16. Harken to AZARIAS Counsell which he gaue to King OZIAS It is not thy office ô King to burne Incence to our Lord or if thou contemne AZARIAS his Counsell feare OZIAS his leprosie If thou wilt arrogate the Office of AARON take heed least with Chore Dathan and Abiron the earth deuoure thee or the fire coÌ„sume thee 2. Maâ— 3. If thou wilt robb the Treasure of the Temple take heed the Angell of God scourge thee not with Heliodorus 2. Maâ— 9. If thou wilt spoile the Temple and kill the people of God with Antiochus If thou wilt destroy the Temple with Nabuchodonosor vse prophanelie the holy vessels with Balthasar prophane the said Temple with Pompey and others feare their infamous and miserable ends knowing that there was neuer King nor Emperour that rebelled against the Church or persecuted her especially since Christs time and since he shed his bloud for her that hath not had some miserable end or other 26. And to omitt those Pagan Persecutours Nero Domitian Dioclesian Maximinian Iulian and others a Zonar Cedr in eius vira Rhegino lib. 1. Chron. an 5.8 Martin Polon in Anast ANASTASIVS the first Emperour of that name for resisting the Pope for fauouring the Arrian heresie and for disdaining to receaue or to admitt to his sight the legates whom HORMISDA Pope sent to him was sodainlie with a Thunderbolt leueled at him from heauen stricken to death b Theop. Miscel lib. 17. CedreÌ„ â—n Annal. Niceph. lib 18. c. 8. seqq alij omnes MAVRITIVS for his insolencies against S. GREGORIE was driuen out of his Empire chased into an Iland where by Phocas commandement himselfe his wise and children were miserablie slaine c Procop. lib. 3. de Bello Goth. Nicep li. 17. c 31. Vide Baron to 7 an 565. IVSTINIAN after many glorious victories fell into a most hard fortune for his heresie and tyranie against VIGILIVS Pope 〈◊〉 was infested on all sides with the Incursions of the Barbares and at length
l. 3. Pol. ca. 5. there are three parttcular Kinds of gouernment The first is called Monarchia when one as King and Monarch gouerneth The second is called Aristocratia when diuers but few and those of the better sort equall in Authoritie do rule The third is called Democratia when many and those of the Common people rule The first gouernmēt of it selfe is best because it is easier to finde one good and wise man then few much more hard to find many and it is easier for many to obey one then many for to obey many there are two difficulties the one in those that obey and that difficultie is also found in a Monarchie the second in the commanders and this is lesse in a Monarchie then in other gouernments because one can better agree then many and so when one commandeth it is easier for the subiects to agree in one then when many command Vide Bellar li. 1. de Sum. Pont. c. 2 And hence it is that Tyrannie which is opposit to Monarchie is not so bad as Faction opposed to Aristocratie nor Faction of a few so bad as Sedition of the people opposite to Democratie 7. Now therefore as the Communitie as is before declared hath power to gouerne it selfe so hath it power to choose that gouernment which it liketh best whether it be one of the former three simple gouernments or some other mixt of two or of all three of them And if the Communitie chooseth Magistrates who shall depend of the whole Communitie then the Communitie is the chiefe gouernour the Magistrates are but officers and ministers and so may be deposed by the people some times at pleasure some tymes only vpon some vrgent occasion and alwayes when the chiefe Magistrate dyeth his heyres succeed not necessarily but only they whom the people make choise of This gouernment was amongest the Romanes when they were gouerned by Plebiscita and Senatours and is this day to be seene in the Common VVealth of the Venetians the Geneuians and those of Genua If the Communitie make choise of a King then the Communitie despoileth it self of Authoritie and becometh a subiect and as it were a priuate person and giueth all power and Authoritie to the King to gouerne not principallie for his owne priuate but for the common good of the whole Kingdome And hence it is that the Common wealth cannot depose a King as it may a Magistrate vnles it be in case of intollerable Tyrannie 8. Hence appeareth a great difference betwixt the afore said power of the Communitie and the Regall power of the King because the former power of the Communitie followeth of necessitie the lawfull meeting of many in one societie in so much that it is not in the peoples power to meet with intention to liue together and not to haue that power and so this power dependeth not of any election but that the King or Peeres or the Magistrate rule and gouerne depended at the first of the election and free choise of the people in whose power it was to choose one or many to gouerne the rest and so Kinglie power is in deede of God but by meanes of election It is of God because it proceeded from the Communities power which is of God and Nature necessarilie following the naturall inclination which God hath imprinted in vs to liue in societie and yet it is in the King by free election because though the Communitie haue authoritie from God and Nature to rule it self yet that this power is giuen to the determinate person of the King dependeth of the peoples election 9. Now some thinke that supposing the peoples election God immediatelie giueth the power VVid. in Apolog. Rosp nu 163. pag. 128. This is the opinion of WIDDRINGRON in his Apologetical Answere for the right of Princes where he affirmeth that Quicunque in supremum Reipublicae superiorem legitimè deputatur c. VVhosoeuer is lawfully deputed as soueraigne Superiour of the common VVealth although he receaue that dedeputation or Title of power by the free consent of of men yet the totall power of ruling God onlie giueth vnto him by the law of Nature But VViddringron should haue marked that the people and Cōmunitie from which lawfullie assembled necessarilie floweth as aboue we haue seene a power to gouerne it selfe and to appoint gouernours not onlie designeth the person of the King but also trāsferreth her authoritie frō her selfe to the King and becometh herselfe a subiect and as it were a priuat person So that the Cōmunitie not onlie designeth the person of the King but also despoiling het selfe of the power she had from God and Nature giueth it vnto the person chosen and designed by her for King D. The. 2.2 qu. 10. a. 10. And thersore S. Thom. sayth that Dominion and prelacie Ciuill are brought in by humane lawe 10. VVhorein may be seene a manifest difference also betwixt the Pope and the King For the Cardinalles When they choose one of their companie to be Pope designe onlie his person as Caietan well obserueth but Christ only Caiet in opusc de Pont◠and not the Cardinalles after this deputation of his person giueth the power and iurisdiction it being supernatural as not only the end to which it is ordayned but also the Actes and functions of this iurisdiction doe manifestlie declare and therfore seing that a supernaturall Iurisdiction surpasseth the actiuitie of the Cardinalles they being but morall Agents and vsing no sacrament in the election and creation of the Pope he being ordinarilie Priest and Bishop before this Autoritie must be attributed only to God as the Authour but the Kings authority is naturall and morall ordayned only of it self to natural functions and to a natural end which is temporall peace and felicitie and so it not exceeding the Actiuitie of the people or Communities power may and is giuen by the people and consequentlie not only the deputation of the Kinges person but also his Regall Authoritie proceedeth immediately from the people 11. VVhence also may be gathered a difference betwixt the Authoritie which was in the Communitie before it made choise of a King and the Authoritie of a King for that Authoritie of the Communitie is immediately of God Nature proceeding necessarilie from a Communitie lawfullie assembled in somuch that it is not in the power of the Communitie to be without this power vnles it giue it to one or many gouernours but the Authoritie of the King doth not necessarilie flowe from this Communitie because it is in the free choise of the Communitie to make election of that gouernment in particular which it shall thinke best and so if it make election of a Monarchical gouernment and consequentlie of the King the King is to thanke the Communitie not only for the deputation of his person but also for his Regal Authoritie which being a naturall power and being before contained eminenter or virtualiter eminentlie or virtuallie in the Communities
And if this limitation proceeded from the King he might at his pleasure also take it away which were to giue Princes too much scope and libertie VVherfore as the people gaue the King his authoritie so it was the people that thus limited and restrained him for their owne preseruation for to the same Authoritie that giueth power it pertaineth to restraine it 16. Hauing thus prooued that the King or Prince hath Authoritie from God as Authour of Nature yet by meanes of the peoples election and graunt to gouerne the Kingdome or Common wealth it followeth that he hath Authoritie not only to command priuarelie or particulerlie as the Goodman of the house may command his wife children or seruantes but also to make lawes which shall binde the whole Communitie or Common wealth otherwise if he should command and the people might disobey he could not rule nor direct the people and so should not haue sufficient Authoritie 17. By which may appeare how absurd the opinion of our Reformers is Luth l. de capt Bab. Calu. l. 3 Inst c. 19. n. 14 l. 4. c. 10. and how iniurious to Princes yea and to God that appointeth them who blush not to say and auouch that all Christians that is Caluinists indewed with faith are so freed by Christ from all lawes and humane power that they can not bynde them in coÌ„science 18. Certes Luther in his booke of Babylonical Captiuitie and Caluin in his InstitutioÌ„s make it a part of the office of a Redeemer in Christ to haue so freed vs from all humane Authoritie and lawes that they can not bynde vs in conscience And the Anabaptists and Trinitarians who an 155â— at Alba-Iulia sett forth certaine Antitheses of the true and false Christ in their seuenth Antithesis affirme that falsus Christus habet in suâ Ecclesiâ Reges Principes Magistratus gladios at verus Christus nihil tale in Ecclesiâ pati potest The false Christ hath in his Church Kinges Princes Magistrates swordes but the true Christ can abide no such thing in his Church But this opinion may be euidentlie conuinced by that which is sayd for if Princes haue power from God and Nature to rule they haue power to make lawes and if they can make lawes they can bynd in conscience els their lawes were strawes and to little purpose especiallie when the subiect can auoid by slight the penaltie of the lawe VVherfore Saint Paul commands vs to be subiect to all lawfull humane Authoritie non tantum propter iram sed etiam propter conscientiam not only for wrath but also for conscience sake Rom. 13. And he addeth that he that resisteth this power which is of God Dei ordinationi resistit qui autem resistunt ipsi sibi damnationem acquirunt resisteth the ordinance of God and they that resiste purchase to them selues damnation which argueth an obligation in conscience Againe the same Apostle commandeth Titus to admonish Christians to be subiect to Princes and Potestaâ—es Ad Tit. 3. 1. Pot. 2. Saint Peter commandeth them to be subiect to euerie humane creature for God whether it be King as excelling c. and he giues the reason saying for so is the will of God By which it is manifest that we are bouÌ„d vnder sinne vnder God his displeasure to honour and obey Kinges and Princes and consequentlie that we are bound in conscience 19. Let not then our Reformers traduce Catholickes as enemies to Princely Authoritie and Idolators of the Popes power for we acknowledge and reuerence them both highlie in their kind but let the Reformers looke to them selues Plautus because qui alterum incusat probri ipsum se intueri oportet he that accuseth another must looke that he him selfe be free Ioseph l. 18. Ant. c. 2. Aug. l. 3. côt Cros c. 15. Exira de haeret c. 4 Anton. 4. p. tit 11. ca. 7. § 9. Luth. l. de saecul petest Trinita aij supra Buchan li. de iure Regni GoodmaÌ„ l. de obedien pag. 203. Beza ep 78. ad Buchanan Luth. supra Caluin l. 4. Inst c. 19 §. 14. Exod. 12. VVee Catholickes say not with Iudas Galilaeus That no Prince is to be obeyed nor with Cresconius That the Magistrate ought not to punishe nor with the Beguards That the perfect are not bound to obey lawes nor with VVickleph That the Prince by mortall sinne looseth his Authoritie nor with Luther That the Turke is decies probior prudentiorque nostris principibus ten times honester and wiser then our Princes nor with the aforesaid Trinitarians Anabaptists and Libertines That the true Christ suffreth no Princes nor Magistrates in his Church nor with Buchanan That the people onlie is to make lawes Reges sunt veluti Tabulaeriorum custodes nor with Goodman That women cannot raigne and that therfore Wiat rising against Queene Marie was no Traitour nor with Beza doe we call that lawfull and worthy Queene Marie the Mother of our soueâ—aine King Iames Medaea and Athalia as though as he saith Nullum illius sceleribus nomen idoneum inueniri posset no name answerable to her wickednesses could be found out Nor with Luther and Caluin that Princes lawes bynd not the faithfull in conscience But wee say and beleeue with scripture Thow shalt not detract from the Gods that is Princes who are called Gods by participation nor speake euill of the Prince of thy people Prou. 8. Mat. 22. VVe confesse that by God Princes raigne we command to giue to Caesar what is due to Caesar we allowe of S. IGNATIVS counsell Caesari subiecti estote in ijs Ign. epi. ad Antioch in quibus nullum animae periculum Bee you subiect to Caesar in those thinges in which is no daunger of the soule we are taught to giue to Magistrates as S. Eus l. 4. hist c. 14 POLICARP sayd and Potestates appointed by God that honour which is not preiudiciall to our soules or ReligioÌ„ we worship as TERTVLLIAN sayeth the Emperour Lib. aduersus Scap. cap. 2. the King sic quomodo nobis licet ipsi expedit vt hominem à Deo secundum solo Deo minorem so as it is lawfull for vs and expedient for him as a man second in Temporall Authoritie to God and only lesser then God For whilst the King keepeth within his bounds he hath no superiour in temporall matters but God And this is the honourable conceit which Catholikes haue of their Kinges and Princes CHAPTER III. Ecclesiasticall power is of God and distinct from the Ciuil Iurisdiction which also all members of the Church are bound in conscience to obey 1. HAuing giueÌ„ to Caesar and the Kingdome what is due to theÌ„ It followeth that I giue to Christ and his Vicaire yea and Church also what belongeth to them I haue prooued in the former chapter that Ciuill power is of God and Nature because it is necessarilie annexed to all lawfull societies to which God and Nature do incline
by an inuisible blowe reached him from God perished most miserably d Earon tom 7. au 561. BELLISARIVS Iustinians Generall ouer his Armie to whome he was so deare that his pourtraict was printed in the one side of Iustinians Coyne with this Title Bilisarius Romanorum decus Bellisarius the glorie of the Romans for his molestation of SILVERIVS to grarifie therby THEODORA the Empresse had for suspicion of conspiracie against IVSTINIAN his eyes pulled out was despoiled of all his dignities and forced in fine to begg e CedreÌ„ in Anna Paul Diac. li. 20. reruÌ„ Roman Baron tom 8. an 713. Anast in Vital Baro. an 668. Paul Diac. lib. 19 reruÌ„ Rom. PHILIPPICVS for his contempt of CONSTANTINE Pope and propagating of heresie was depriued of his Empire and his eyes also f CONSTANS for persecuting THEODORVS Pope and violently carying away Pope MARTIN from Rome was slaine in a bathe g Fascie Temp. in Iust 2. Martin Pol. in Iust 2. IVSTâ—NIAN the second for infringing the Eight Synod and molesting of SERGIVS Pope who refused to consent to his heresie was depriued of his Empire and besides that of his nose and tongue h Baron tom 11. an 1080. HENRIE the Fourth Emperour excommunicated and deposed by GREGORIE the seuenth as we haue seene was by his owne sonne persecuted holden in prison and at length made a miserable end out of his owne Countrie i Neubr li. 4. c. 13 Palmer 〈◊〉 in ChroÌ„ an 1189 FREDERICK the first was drowned miserablie in a riuer of Armenia for punishment of the schisme he raised against ALEXANDER Pope as our NEVBRIGENSâ—S recordeth k Fascic Temp. in Frider. 2 Matt Westm an 1245 FREDERICK the Second after he was excommunicated and deposed by INNOCENT the Fourth Pope of that name was strangled by his owne sonne and dyed without Sacraments l Geneb lib 4. Chron. anno 2294. in Bonifacio 8. PHILIP le BEL King of France after he was excommunicated and deposed by BONIFACE the Eight neuer prospered as Genebrard la FreÌ„ch man writeth And after that BONIFACIVS was taken vnawares by the deceipts which PHILIP vsed a holy Bishop said The King is glad he hath BONIFACE Pope in holde but no good thereby will happen to him and his posteritie which Prophecie saith m Genebr lib 4. Chron. anno 1315. Genebrard was shortlie after fulfilled for the King perished by reason of a Boare that rushed betwixt his horses legges three of his sonnes that raigned after him dyed one after another in a short space their Queene 's dishonoured them with their infamous adulteries and the Issue of PHILIP fayling the contention betwixt our EDWARD the third sonne of the Daughter of PHILIP le Bel and PHILIP de Valois the sonne of CHARLES de Valois PHILIP le Bel his brother arose which contention cost France verie dearely And to spare our times as God threatned by his Prophet Isai 60. that the Kingdome that shall not serue the Church shall perish as we see all Greece is lost by their heresies and schismes against the Romane Church and England Germanie and Holland and other Countries know not what punishment hangeth ouer their heads so whosoeuer shall obserue the course of times and Histories shall finde that few Princes haue long prospered who haue persecuted the Romane Church and faith or haue been by her excommunicated or deposed 26. Wherfore Kings and Princes that contemne and despise the Church remember you are Men and that your Kingdome is subiect to a higher state of the Church Feare her glaiue that striketh euen the soule and spirit And if you will raigne long and prosperouslie here imitate those Constantines Martians Theodosius Pipins Charles the Great Lewis and others who were more glorious for amplifying the Churches Immunities and Demaines then for exteÌ„ding their Empire more renowned for the Churches and Monasteries they founded theÌ„ for the Cities and Castels they builded who by obeying honouring and enriching the Church strengtned and enriched their Kingdomes and haue prospered in all their warres and battailes But I will end with S. BERNARDS Counsell which he gaue to CONRADVS King of the Romanes Bern. ep 183. ad Conrad Regem Romam Rom. 13. desiring all Christian Princes to followe it Legi quippe Omnia anima Potestatibus sublimioribus subdita sit c. Quam tamen sententiam cupio vos omnimodis moneo custodire in exhibenda reuerentia summae Apostolicae sedi I haue read indeed Let euerie soule be subiect to higher powers and he that resisteth the power resisteth the ordinance of God which sentence not withstanding I desire and by all meanes warne you ô Princes to keepe by exhibiting reuerence to the highest and Apostolicall seat CHAPTER VII Although the Pope be not direct Temporall Lord and Superiour of the world nor of any part therof by Christs expresse guift and donation but only of the patrimony of Sainct Peter giuen him by Constantine the Great and other Catholicke Princes and confirmed by the consent of the Christian world yet by the spirituall power which Christ gaue him in his predecessour S. Peter Io 21. he may dispose of temporall things and euen of Kingdomes for the good of the Church and Conseruation of her and her faith right and the manner how and in what case he can thus dispose of temporalities is explicated 1. HAuing shewed by manie Arguments in the former Chapter that the Prince neither hath any spirituall Authoritie neither can by his Temporall power entermeddle him self as a Superiour in matters Spirituall and Ecclesiasticall It remaineth that we discusse and examine whether contrarie wise the Pope haue any temporall power or can by his Spirituall power dispose of temporall things A thing I confesse odious to some Princes who can hardly brooke it that you should meddle with their Crownes and Regalities thinking their Crownes so fast sett on their Heads that none but God can plucke them of and imagining they holde their scepters so fast that none vnder God can wrest them out of their hands But yet this question is odious only to such as sett little by the Churches Authoritie or at least preferre the state before Religion and the Temporall aduancement of the Common wealth before the Spirituall good of the Church for otherwise as guiltie malefactours only crie out of the Princes lawes Tribunals good subiects embrace and reuerence them so those Princes only whose consciences accuse them of some disloyaltie towards the Church or who desire to preferre their owne wils before the Churches commandement or to extend their Empire with encroaching on her Demaines and to rule so independentlie as they may not be controlled such Princes I say can not abyde to heare of any Authoritie in the Pope or Church which may restraine them Other Kings who counte it their honour to be obedient Children of the Church and who desire not to raigne ouer their subiects but so as God and his Church
pag. 90. VVhat sayth our learned Country man Doctour SANDERS yf the Bishop should see a souldiour running through the streets with his sword drawn readie to kill euerie one that meeteth him might not the Bishop command some to take his sword from him for the defence of the people and especiallie the Clergie if he may giue one commission to take the sword in such a case from the souldiour why might he not take it from the Captaine yea Prince and Emperour 2.2 q. 10 art 10. Hence it is that the Angelicall Doctour S. Thomas sayth that the Church may free Christians from subiection to Pagan Princes and take from the Princes their Prelacie and Dominion ouer them Yea he sayth that the Church may though she vse not so to do free also Christians subiect to Pagan Princes though the Princes be not subiect temporallie to the Church 6. Secondlie hence I gather The secōd sequel that the Church may make not onlie defensiue but also offensiue warre against any other Prince or Common wealth that shall notably molest or persecute her or invade her Ecclesiasticall right For the Church is an absolute Common wealth subiect at least in Spirituall matters to no other Wherfore as England if it were notably wronged by France might wage warre euen offensiue against it and might not onlie defend it selfe from present wrong but might reuenge it self also of iniuries past so may the Church make warre euen offensiue against both Christians and Pagans for maintenance of her right for although Pagans by reason that they are not baptized and so not subiect to the Church can not be excommunicated or otherwise Spiritually punished by her as rebellious Christians may yet they may be temporally punished by temporall warre in regard that they are subiects as much as is required to inflict temporall punishments ratione delicti by reason of the wronge For so France is not now subiect to England and yet if it should wrong England notably England might punish it by temporall warre because it is subiect at least in this respect ratione delicti by reason of the offence and wrong offred And if the Church may wage warre offensiue against Pagan Persecutors whome she cannot punish Spiritually much more may she against Christian persecutours and Spirituall Tyrants that inuade her right and persecute her faith else she were not an absolute Common wealth nor had not sufficient Authoritie to defend and maintaine her state The sequel 7. Thirdlie If one absolute and independent Common wealth may wage warre defensiue and offensiue against another which is iniurious though otherwise not subiect much more may the Church against the Ciuill Common wealth seing that this is an inferiour state and truly subiect in Spirituall matters For if when two absolute and indepēdent Common wealthes are opposite that which is nocent and offereth wrong must yeeld to that which is innocēt and endureth wrong though otherwise it be neither subiect nor subordinate much more when the Ciuill Common wealth is opposite to the Church and that offreth wrong this receaueth ought the Ciuill Common wealth to yeeld to this it being not altogether absolute but subordinate and subiect therunto 8. But our Aduersaries obiect that the Church hath no Temporall An obiection but only a Spirituall sword and so can onlie excommunicate and inflict Censures but can neither defend nor offend by Temporall armes but rather when her Spirituall sword will not suffice she must haue patience hauing no other weapons to vse And to this purpose they cite those wordes of S. PAVL 2. Cor. 10 The weapons of our warfare are not carnall and those also of the same Apostle 2. Tim. 2 No man being a souldiour to God intangleth him selfe with secular businesses Yea they vrge euen these wordes of our Sauyour Mat. 26. Retourne thy sword into his place And they tell vs plainlie that the Church that is Ca. Clerici c quicun que 20. qu. 8. cap. cos qui 20. q. 3. The Answer Clergie men are forbidden by her own Canōs to make warre To this I haue an easie answer yea many answers First I answer that the ordinarie weapons of the Church are spirituall but when they will not serue for her defence in some cases she may vse temporall armes Secondlie I answer that the Church hath none but Spirituall armes that is spirituall power but by this power she can not only punish Spiritually but also Temporally and by it she can not only dispose of spirituall goods but euen of the Temporall when it is necessarie to conserue the faith and authoritie of the Church Thirdly to answer distinctly to euerie parcell of the obiection I say that the first place is vnderstood of the spirituall power of the Church which is not Temporall nor carnall but spirituall but as this power directlie and ordinarilie medleth only with spirituall matters and pumshments so indirectly and in some cases for the necessarie defence of the Church it can command the Temporall glaiue and handle it also when Princes at her commandement will not vse it to her end The other place forbiddeth only Clergie men to be to much sollicitous and studious about Temporall affaires The third place only forbiddeth to vse the sword for reuenge and by priuat authoritie And therfore after CHRIST had bidden S. PETER put vp his sword 1. Pet. 2. he addeth that all that take the sword shall perish with the sword which must needs be vnderstood of priuat men who indeed take it but receaue it not from authoritie For the Magistrate who receaueth the sword from the Prince may and must vse the same for the punishment of malefactours As for the alleaged Canons which forbid Priests and Religious to goe to warre I graunt that ordinarily they must not goe to warfare because it is not beseeming their function and is for that cause forbidden but yet by dispensation of the Chiefe Pastour they may D. Th. 2.2 qu. 40. a. 2. ad 3 Caietan ibidem Bannes ibid. dub 2. cou 2. dub 3 con 1. Couar Relect. in Clement Furiosus p. 2. §. 3. n. 2. and in case of great necessitie as if otherwise the Common wealth could not be defended they may and must euen without dispensation because to this they are bound by the law of Nature frō which the law of the Church doth not derogate no more then Grace doth from Nature as all Diuines do auouch If Priests then may fight and vse their temporall sword and armes for the necessarie conseruation of the Common wealth much more may they for the defence of the Church 9. And certes if the Church could not do this in such case of necessitie CHRIST had not sufficiently prouided for her nor giuen her that Authoritie which is requisite to euerie absolute Common wealth For what if Turkes and infidels should inuade the Church ruine her Temples and Monasteries despoile her of her Bishopricks and benefices
Prieste and commandement of the Emperour And therfore when S. AMBROSE sayth Dolere potero poteroflere c. I may be sorie I may weepe I may groane Against armes souldiours and the Gothes my teares are my weapons For such are the armes and defences of the Priest Other wise I neither must nor can resist VVhen I say S. AMBROSE saith that he hath no other armes but teares and prayers hee meaneth only that the ordinarie weapons of the Church are Spirituall but denieth not but that in an extraordinarie case the Church and Chiefe Pastour may vse Temporall armes when spirituall weapons are not sufficient CHAPTER X. The same verity is confirmed by the practise of the Church in punishing heretickes temporally with losse of goods liberty and liues 1. THe Church is a Citie on a Hill Matt. 5 and therfore so illuminated by the Sonne of Iustice that no cloud of errour can obscure or endarken her Mat. 16. Shee is builded on a Rocke so surelie that the gates of hell heresies can neuer preuaile against her 1. Tim. 3. Shee is the pillar of truth and therfore can not maintain any vntruth Shee is the Spouse of Christ Osee 2. and so priuie to all his secrets Shee is so guided by her Head Christ Iesus so directed by his and his Fathers spirit the Holy ghost that she can not erre either in her definitions or generall practises and customes and therfore S. AVGVSTINE saith that to call in question quod tota per orbem frequentat Ecclesia Aug. ep 118. that which the whole Church through out the world practiseth is insolentissima insania most insolent madnes Amongst other of her practises one is and that verie auncient and generall to punish by sword or fire or els by Temporall mulctes an obstinate Hereticke And therfore to doubt whether it be lawfull or no August ep 48. 50. l. Mâ—nichaeos l. A riani l. quicunque C. de haeret Cap. ad abolendam Ca. vergentis c. excoÌ„municamus 1. 2. de haeret is by S. AVGVSTINES rule most insolent madnes This practize I know pleaseth not hereticks no more then the execution of Iustice is liked of Malefactours And therfore the a August li. 2. contra epist Parmen ca. 7. lib. 2. contra lit Petil. cap. 10. lib. 2. coÌ„tra ep GaudeÌ„t cap. 17. 26. Donatists and b Ioan. Huss art 14. Constantia damnat Hussits in times past and of late c Luth. in Assert a. 33. Luther to saue their owne skinnes stifly stand to it that the Church cannot punish hereticks Temporally especially with death and the same d In Assart art 33. Luther in one of his articles condemned by LEO the Tenth sayth haereticos comburi estcontra voluntatem spiritus that heretickes should be burned is against the will of the spirit To whom not withstanding Caluin in practise subscribed not for he caused Michael Seruetus to be burnt reseruing for him selue his goulden Chaine as e Resp pag. 54. Restius reporteth both he and Beza by and by published in print that it is lawfull to vse the Temporall sword against Hereticks which also Benedictus Aretius alloweth in his historie De supplicio Valentini Gentilis And certes that Hereticks may be temporally punished by the Church I haue alreadie prooued by many places of scripture especiallie out of the olde Testament out of which I may argue for the Churches practise with S. Ciprian Cypr de Exhort Martyrij cap. 1. Si ante aduentum Christi circa Deum colendum Idola speruenda haec praecepta seruata sunt quaÌ„to magis post aduentum Christi sunt seruanda quando ille veniens non verbis tantum nos hortatus sit sed factis If before the Comming of Christ those precepts were obserued touching the worshiping of God and reiecting of Idols how much more are they to bee obserued after the coming of Christ seing that hee coming hath not exhorted vs onlie by words but also by deeds Aug ep 48 et 50. S. AVGVSTIN speaking of the hereticks of his time sayth Videte qualia faciunt qualia patiuntur Occidunt animas affliguÌ„tur in corpore See what things they do and what they suffer they kill soules and are punished in bodie they kill sempiternally Lib. 2. coÌ„tra lit Petil â—a 7. li. 1. contra Parm. cap. 7. Concil Calced Act. 1. Anton. 3. pâ—tit 19. c. 1. §. 4. and suffer Temporall deathes And in diuers other places he prooueth that they may be punished Temporally though once he was of opinion that they should not be forced by the sword but persuaded onlie by the word Dioscorâ—â— Bishop of Alexandria in the first Action of the Councell of Calcedon Si Eutyches praeter dagma Ecclesiae sapit noÌ„ solum paenâ dignus est sed igne If Eutyches thinke otherwise then the Church teacheth he deserueth not onely to be punished but also to be burned VVhereupon S. Antonine reporteth that in the time of INNOCENTIVS the Third no lesse then a hundred and fourescore Hereticks of the Albigenses were burned for obstinat and pertinacious maintaining of their damnable sect Concil Constat sess 15. art 14. And in the Councell of Constance IOHN HVS and HIEROM of Prage were condemned to the same death In praem Concil Nicen. Sozom. li. 1. c 20 Sòcr li. 1 cap 6 Niceph. li. 8. cap. 18. can Ipsapietas 23. qu. 3 l. Quicunque C de haeret Et ca. ad abolendam ca. vergeÌ„tis c. excom municamus v. c. absolutos de haret Concil Lateran sub Innâ—c 3. can 3. l. Cuncti l. Ariani l. Manichaeos C. de heret and ended their miserable life by fire VVhere also Hvs his fourtenth Article in which he affirmed coÌ„trarie to this practise that the Prelats of the Church in deliuering Hereticks to secular power were like to the Scribes and Pharisees who procured Christs death and yet said Nobis non licet interficere quenquam It is not lawfull for vs to kill any was condemned Certes in the Councell of NICE ARRIVS bookes were commanded to be burnt vnder paine of death as he and his followers were banished In THEODOSIVS the Emperours time hereticks were mulcted and punished in their purses And after MARTIAN and VALENTINIAN decreed punishment of death against them The Common law also is full of Temporall punishments prescribed for hereticks They are deliuered vp to the secular power to be punnished according to the Emperours lawes their goods are confiscated Aduocates and Notaries that fauour them are sufpended from their offices and made by the law infamous for euer They are depriued of the right of making their last Will and Testament or succeeding by Testament and are condemned to perpetuall prison Finally those that were bound to Hereticks are freed from their bonds 2. If VViddrington answer that this Argument prooueth onlie that Hereticks may be punished yet not by the
spirituall punishment of excommunicatiō will preuaile the other because to excommunicate him and not to depriue him were to irritate him and prouoke him to furie and yet not to take his sword and power from him 43. And therefore in the Canon Lawe Temporall punishment followeth and accompanieth excommunication as Cap. No◠sanctorum 15. q. 6. Pope GREGORIE the seuenth holding as he sayth the statutes of his Predecessoures absolueth all those who are obliged by faith or fidelitie to excommunicated persons from their fidelitie And in the next Chapter which beginneth with the word Iuratos Pope VRBANE absolueth souldiours from their fidelitie to Count HVGO excommunicated And in the Decretalles Cap. Ad abolendum de Haereticis Countes Barons Rectors and Consulles of Cities who will not ayde the Church against heretickes are excommunicated and depriued or to be depriued of their former tēporall honour made vnable and vncapable of all future dignities and their Landes are Interdicted And in the next Chapter Vergentes INNOCENTIVS the Third confiscateth the goods of Heretickes And in the Chapter Si aduersus all Aduocates and Notaries who fauour Heretickes are made infamous and are depriued of their office Likewise in the Chapter Excommunicamus before cited all Heretickes are excommunicated and after the condemnatorie sentence are to be chastised with due punishment by the Secular Iudge and their goods are confiscated in which Chapter also is to be seene the Decree of the Great Councell of Lateran which aboue I haue alleaged And in the same Chapter beleeuers receiuers defendours and fauourers of Heretickes are excommunicated declared infamous and vnable to beare office to make a Testament or last will and if he be a Iudge his sentence is disanulled c. And in the last Chapter of this Title de Haereticis GREGORIE the Ninth concludeth with these wordes whosoeuer by any promise howsoeuer confirmed were obliged to those who are manifestlie fallen into Heresie let them know that they are absolued from the duetie of sidelitie homage and seruice And Cap. Cum secundum leges de Haereticis in 6. The Pope sayth that if by the Ciuill Lawe diuers transgressours which he nameth be iustlie depriued of their goods bona Haereticorum qui grauius horribilius ac detestabilius quam praedicti delinquunt ipso iure de fratrum nostrorum consilio decernimus confiscata the goods of Heretickes who more grieuouslie more horriblie and detestablie then the aforesayd delinquents do offend we decree ipso iure to be confiscated Wherfore although that Excommunication may be separated from all temporall punishment and that the Pope may excommunicate a Prince and yet not depose him as INNOCENTIVS the first did excommunicate ARCADIVS whome yet he deposed not yet seing that in the Common law Temporall punishment as confiscation of goods infamie and euen absolution from fidelitie to Princes are annexed to Excommunication and proceede from the power of Excommunication and ordinarilie follow the acte of Excommunication I might well say that depriuation of Regall authoritie is an effect which ordirilie followeth Excommunication of Kings and yet say no more then the learned Suarez aboue alleaged nor then S. 2.2 q. 12 art 2. THOMAS of AQVIN where he sayth that the Prince who hath made an Apostasie and reuolt from the true Christian faith receaued at least in Baptisme is conuenientlie depriued of rule ouer his subiects and that quam citò aliquis per sententiam denuntiatur Excommunicatus propter Apostasiam a fide ipso facto eius subditi sunt absoluti a dominio eius Iuramento fidelitatis so soone as any one by sentence is denounced Excommunicated for Apostasie from faith ipso facto at the same instant his subiects are absolued from his Dominion or Soueraigntie and from their oath of fidelitie Where it is manifest that he maketh absolution of the subiects from their fidelitie an effect in some sort of the acte of Excommunication 44. Put then all this together to wit first that depriuation of Regall authoritie is an acte though secondarie yet necessarilie appertaining to the Chiefe Pastours spirituall power by which he Excommunicateth he that denyeth him power to depriue denyeth necessarilie his power to excommunicate it being one and the selfe same power as aboue is prooued Secondlie seing that depriuation and other temporall punishments aboue related do ordinarilie follow the acte of excommunication though by a secondarie acte of the Popes spirituall power as is aboue explicated he that denyeth the Pope power to depriue denyeth him also power to excommunicate depriuation being at least a morall effect euen of the acte of excommunication This I explicate by homo and risibilis not that I auerre as necessarie a coniunction betwixt the acte of excommunication and depriuation as is betwixt homo and risibilis no example holding in all thinges but for that as because there is a necessarie and physicall connexion betwixt homo and risibilis he that denyeth a man to be risibilis doth necessarilie deny him to be homo so because there is a necessarie connexion betwixt the power of excommunication and depriuation both actes appertaining necessarilie to that power he that denyeth the Pope authoritie to depriue a Prince necessarilie denyeth him power to excommunicate the denyall of a necessarie effect implying vertuallie a denyall of the cause and because there is a morall coniunction at least betwixt the acte of excommunication depriuation this as before following ordinarilie that he that denyeth the Pope authoritie to depriue morallie at least denyeth him power to excōmunicate which is sufficiēt to make any timorous consciēce feare to sweare that the Pope can not depriue a Prince especiallie if thereunto be added that depriuation is a secondarie acte necessarilie appertaining to the Popes supremacie and power of excommunicating because the denyall of an acte and effect though secōdarie if it necessarilie belonge to a cause importeth a denyall of the cause and therfore not onlie he who denyeth that fier can burne or heate which is the first acte and effect of fier but also he that denyeth that fier can harden and rarefie which are secondarie actes of fier denyeth it to be fier And in this sence Lessius or his Recapitulatour cited by VViddrington sayd and whatsoeuer VViddrington sayth trulie sayd that Absolutio subditorum a vinculo fidelitatis est effectus qui sententiam Excommunicationis necessariò consequitur Widdr. in Disp Theol. c. 4. n. 4. 7. Ecclesiaepraxis per mille ducentorum amplius annorum spatium commonstrat Absolution of subiects from the bond of fidelitie is an effect which necessarilie followeth the sentence of Excommunication as the practise of more then twelue hundred yeares doth shew because this Absolution of subiectes from fidelitie is an acte necessarilie appertaining to the power of Excommunicating and morallie and ordinarilie it followeth euen the acte of excommunication as we haue sayd and prooued and in the same sence the Angelicall Doctour S. THOMAS of AQVIN sayth 2.2 q.
that in this place as must signifie equalitie or identitie not similitude New-yeares-guifte Pag. 106. as VViddrington in his Newyeares-guifte confesseth that sometimes it doth in regard of the matter And so by this Clause wee are to abiure that Position not as like to heresie but as all one with heresie trulie heresie Thirdlie it is at least doubtfull least this may bee the sense to witt that the position is truelie heresie speciallie seing that the wordes and manner of speeche as WIDDRINGTON confesseth are to bee taken in the Common sense and according to the Lawemakers intention ergo this is a clause not to bee digested by anie tymerous conscience nor by any other then by an all deuouring conscience The Fift Clause And I do further beleeue and in conscience am resolued that neither the Pope nor any person whatsoeuer hath power to absolue me of this Oath Sayrus in Claui Regia li. 6. ca. 11. n 7. Lesfius li 2. de iust et iure cap. 40. dub 17. num 114. Arragon 2.2 q. 88. art 10. in expl art §. his cōstitutis Psal 75. or any part thereof 55. In this Clause first is abiured all power to dispense in oathes and vowes which is hereticall it being a matter of faith conformable to common consent and to the Canons and practise of the Church that the Pope can dispense in oathes and vowes when there is iust cause And if in other oathes why not in this VViddrington perchaunce will answere that this Oath of Alleageance bindeth by law of God and Nature in which the Pope cannot dispense But he cannot be ignorant that all oathes and vowes do bynde by law of God and Nature according to that Psal 75. Vouete reddite Vow and render And yet if hee will be a Catholicke he must confesse that the Pope can and often times hath and doth dispense in some oathes and vowes as in a vow to make a longe pilgrimage or to giue a summe of mony to a Church or Monasterie which are temporall things though ordained to a spirituall end and why then can he not dispense in this for a good end to wit conseruation of faith and vpon iust cause as certes if euer there be iust cause to dispence then there is when the Prince with intolerable Tyrannie persecuteth faith and Religion 56. And therefore VViddrington should call to minde that distinction which Diuines vse in this matter to wit that there is duplex ius dininum naturale Sanchez lib. 2. de matrim disp 14. n. 5. ad 4 lib. 8. disp 6. n. 1. a two fold diuine and naturall law or right The one is absolute deriued onely from God and Nature the other supponit factum vel voluntatem humanam that is supposeth some fact or will of man Of this sorte are oathes and vowes which binde not absolutely but only supposing some fact or will of ours by which wee sweare or vowe what otherwise we needed not And although in all such things the Pope cannot dispense for he can not dispense in matrimonie consummated nor in matrimonie betwixt brother and sister nor in pluralitie of wyues which yet suppose some fact or will of ours yet he can dispense in vowes especiallie simple yea and in those that be solemne also as many Diuines do probablie holde He can also dispense in oathes alreadie made when there is iust cause for seeing that these vowes and oathes suppose our free will and consent and are such also as it is expedient that the Pope many times should dispense in them such as is not matrimony consummated nor mariage betwixt brother and sister nor pluralitie of wiues because if once dispensation in these were graunted it would occasion many fornications and aduoutries Sanchez lib. 2. de matrim disp 13. n. 11. lib. 7. disp 52 n. 11. disp 82. num 9. Vide etiā Bellarm li. de matrim ca. 10.16 28. as Sanchez and others obserue it was necessarie that CHRIST should leaue such power to his Church and especially to his Chiefe Vicaire the Pope by which he might take away the obligation of these oathes and vowes which in some circumstāce of times and persons can not so easily nor so conueniently be fulfilled and obserued So that to sweare that the Pope hath no Authoritie to dispense with a subiect in his Oath by which he hath sworne fidelitie to the King where as notwithstanding when the King is an intollerable Tyrant there is good reason In Disp Theolog. ca 6 sect 1. n. 2. and iust cause of dispensation were in effect what soeuer VViddrington affirmeth to abiure all Authoritie of the Church in dispensations For although it be no good Argument to argue à particulari ad vniuersale and to say The Pope can not dispense in this Oath ergo in none yet when there is the same reason of the particular which is in the vniuersall then to deny the particular were to deny the vniuersall And therefore as to say Peter who is a man as well as others is not risihilis were in effect to say that nullus homo est risibili so seeing there is the same reason of this Oath to Wards the Prince which is of other oathes he that denieth that the Pope can dispense in this Oath denyeth also in effect that he can dispense in any oath at all 57. This power which the Pope hath in dispensing in this Oath I confirme by all that which aboue I haue alleaged to proue that the Pope can depose Princes and absolue subiects from their alleageance and euen by the power of binding and loosing Mat. 18 which though ordinarilie it be vnderstood of loosing from sinnes and censures yet it is also extended to absolution from alleageance when it is necessarie to the Churches conseruation as aboue I haue shewed not only by Cardinall Bellarmine whose aythoritie VViddrington should rather reuerence then contemne but also by auncient Popes whose testimonies in this kinde ought to counterpoize all contrarie asseuerations they being in a matter of so great importance vndoubtedly illuminated by the spirit of trueth and deliuering the right sence of the Holy Ghost as his Chiefe and infallible interpretes 58. To this WIDDRINGTON answeareth Disp Th. cap. 6. graunting that although the Pope cannot dispense in iuramento assertorio of which noe man doubteth yet he may in iuramento promissorio a promissorie oath because the thing which we promise for the future tyme may prooue hurtfull or vnlawfull And seing that the things promised for the future tyme in this Clause are three 1. That I will keepe fidelity and obedience to the King and his heires notwithstanding excommunication or depriuation 2. That I will defend him and them with all my forces against all conspiracies made against them and theire Crowne and dignitie 3. That I will reueale all such treasons and trayterous cōspiracies c. He sayth I may as safelie and securelie sweare without all daunger of periurie that
cooperate for if hee should confesse that he had bene present he would be presumed to haue consented or cooperated so should be vniustly condemned Adde heereunto that the same Diuines affirme that we are not bound to answere according to the Iudges meaning Caietan alij supra citati when the person interrogated doubteth whether the Iudge hath Authority or proceedeth iuridicallie and according to forme of lawe and equity 63. All which beeing so this Clause of the Oath is verie hard for notwithstanding as we haue seene that it is certaine that the Prince and Magistrate haue not Authoritie to propose such an Oath which containeth so many things vnlawfull to be sworne and which so derogateth frō the Popes lawfull Authoritie as also from Councells and the practise of the Church and which besides that pertaineth not to the Temporall Court and Tribunall yet this Clause bindeth the subiects to answere and sweare without all mentall reseruation yea to sweare that hartily and willingly they take this oath whereas most of meere feare and altogether against their wills and conscience take it and cannot depose their conscience or thinke that the Oath is lawfull 64. Disp Th. ca. 8 and Newyearesguifte cap. 8. Widdrington answereth that this clause dependeth of the lawfullnes and iustice of the oath seing that the oathe containeth noe iniustice nor falshood as he saith hee hath prooued it followeth that in this Clause there is no difficultie But because the wordes indeede doe imply that wee sweare all that goeth before hee vseth much arte to make this Clause speake not to the Authours but to his owne minde For whereas these wordes And all these things I doe plainlie and sincerelie acknowledge and sweare according to the expresse wordes by me spoken c. doe importe according to the Common manner of speaking and vse of wordes that I not onlie sincerelie acknowledge but also doe sweare the coniunction and being copulatiue yet VViddrington contrarie to his rule taken out of Suarez for the interpretation of the lawe Disp Th. c. 1. sec 2. which in this and other things hee leaueth at his pleasure saith that the worde Sweare is not to bee referred to the former woordes and all these things but to the wordes plainlie sincerelie As if the sense were not this I doe plainlie and sincerelie both acknowledge and sweare all which I haue spoken and auerted in this oath but this that which I haue acknowledged I doe plainlie sincerelie acknowledge and that which I haue sworne I doe plainlie and sincerelie sweare And this expositiō hee putteth because in diuers partes of the oath as he auerreth the swearer declareth and sweareth not the thing as for Example that the Pope can not depose a Prince but onlie what his opinion is And this interpretation he prooueth by conferring this last Clause which the first But first VViddrington herein goeth from his rule of interpreting which is that the wordes of the Lawe vnles some other circumstāce hinder ought to bee taken according to the common vse of wordes For who reading or hearing these wordes And all these things I doe plainlie and sincerelie acknowledge and sweare according to the expresse wordes by mee spoken would not by by vnderstand that he not onlie acknowledgeth but also sweareth all these things by him spoken And as VViddrington prooueth his interpretation by conferring this last Clause which the first and second so will I prooue myne by the same conference 65. The first and second Clause then are these I. A. B. doe trulie and sincerelie acknoweledge professe and testifie in my Conscience before God and the world c. And what doe I acknowledge Professe and testifie that I acknowledge and testifie that were to confound make all one the acte of swearing and the obiect of swearing or the thing sworne What then doe I acknowledge professe and testifie That which followeth to wit that our Soueraigne Lord King IAMES is lawfull and true King of this realme c. And that which followeth in the second Clause to wit that the Pope neither by him selfe nor by anie Authoritie of the Churche or Sea of Rome or anie other meanes with anie other hath any Authoritie to depose the King In these two Clauses as euen here and aboue I haue prooued is not protested nor sworne what the swearer thinketh for that present because according to WIDDRINGTONS rule that is not the playne sense of the wordes and for that as aboue also I haue shewed that would litle secure the King because he that sweareth may afterwardes chaunge his opinion and yet not contradict this his former Oath but the swearer testifieth in his Conscience before God and the world that the Pope cannot depose the King Nowe let vs heare the last Clause 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And all these things I doe plainlie and sincerelie acknowledge and sweare according to the expresse wordes by mee spoken and according to the plaine and Common sense and vnderstanding of the same woords without any equiuocation or mentall reseruation whatsoeuer And seing that amongest all these things this is one to wit that the Pope can not depose King IAMES that also is acknowledged and sworne And for as much as this Position that the Pope can not depose a Prince is false as I haue prooued or at most is but probable and therefore in controuersie as VVIDDRINGTON aboue confesseth he that sweareth this Clause exposeth him selfe to periurie because if it bee but probable that the Pope can not depose a Prince the contrarie to wit that the Pope can depose a Prince is probable and if it bee probable it may be true and so to abiure it by oathe is to expose the sweater to euident daunger of periurie I say euident daunger for there is euident daunger of periurie where there is euident probabilitie that the thing Sworne may be false but so it is in our case ergo 66. This I thought brieflie to say for examination of this Oath and some instruction for the subiects especiallie Catholicks to whom this Oath is proposed And because I haue at large in the former Chapters prooued the Principall obiect thing which this Oath abiureth to wit that the Pope can in some case depose Princes I referre the Reader to those Chapters and withall to the whole Treatise for his fuller instruction and satisfaction in this matter which if he peruse I doubt not but partlie by this examination partelie by the former Chapters he shall see how vnlawfull this Oath is and what iust cause the Chiefe Vicaire of CHRIST S. PETERS successour PAVL by the grace of God the fift who now raigneth and sitteth at the sterne of S. PETERS ship had to forbid by his Breues this Oath as containing thinges which cannot be sworne without most euident and greeuous wronging of Gods Honour and which are flat contrarie to faith and saluation 67. Litle socuritie giuen by Widdr. to the King
sayth he let none of you suffer as a murderer or a chiefe or a rayler or coueter of other mens thinges but if as a Christian Catholique let him not be ashamed 1. Pet. 2. Bee you therfore Subiect to euerie humane Creatur for God whether it be to the King as excelling or to rulers as sent from him whether it bee to the Prelate or to the Prince Church or Common wealth it hauing been my onlie intention and the onlie drift of this booke that Prelate and Prince should both haue their due neither should bee iniuried 78. And therfore I exhort you to refuse the Oathe of pretended Allegeaunce because your Chiefe visible Pastour hath forbidden it and for that his Authoritie and Right therin is interessed and yet I would haue you also obey the King in all Temporall and Ciuill causes because such obedience Gods Law commaundeth and consequentlie to defend his Royal parson euen with hazard of your goods Landes and liues to pray for him and his Royall posteritie that he may liue and raigne long in his own person and after in a long posteritie that he may soe gouetn his Kingdome of England heere as he may not loose but gaine a greater Kingdome of Heauen herafter 79 And I most humblie also desire his most Excellent Maiestie An humble petition to the Kings maiestie out of his rare wisdome deepe Iudgement and long experieÌ„ce not to esteeme those his onlie faithfull Suhiectes who are best Temporisers because as many of these men serue not so much the King as the tyme and in it their own turnes so if tyme Fortune chauÌ„ge they also like the Fishe Polypus which taketh the hewe and colour of the stone to which it cleaueth will chaunge and varie The noble CONSTANT vs Father to CONSTANTINE the Great will be vnto his Maiestie a good President in 〈◊〉 Kinde Hee on a tyme to trye who were like to prooue his most faithfull Subiectes commaunded as EVSEBIVS relateth that all those of his Court Euseb li. de vita CoÌ„stan tini non longe ab initiâ— who would enâ—oy his frendship or participate of any his Honours and Dignities which he vsed to bestowe should sacrifice to the Goddes and that they who would not should be expelled the Court and depriued of all honour and fauour At which commaundement some of them loath to loose their honorable places and Dignities obeyed the King and forsaking Christian Religion sacrificed to the Idolles others fearing God more then the King and more him that can kill soule and bodye in hell then him that can kill onlie the body Mat. 10. but can not touch the soule left the Court and all hopes of preferrement rather then they would leaue their Religion or do any thing against their conscience which when the King Sawe he called backe those constant Christians and reiected from his Courte and companie those-false harted Temporizers saying that they whoe were not faithfull to God would neuer be sure and trustie to the King and that they who would not for any thing the world could afforde forsake God or their Religion or do any thing against conscience were most like to prooue most faithfull freinds and Subiectes to their Prince Which President if 〈◊〉 Maiestie our Soueraigne respect accordinglie he will deeme and shall by experience find that those his Catholique Subiectes who out of Religion and Conscience stand most constantlie for their faith the Church and her chiefe Visible Pastour will out of the same Religion and conscience which are the most strong and forcible bondes stand most stiffelie when occasion shal be offered for their King and Soueraigne and will prooue his most obedient peaceble and faithfull Subiectes The Printer to the Reader Although the Authour gentle Reader by publishing this his Treatise so late This is spoken of the first Edition may seeme to haue obserued no oportunitie of time yet I can assure thee that it was two yeeres since readie for the presse and much against his will hath all this while vppon some occasions been differred But seeing that the Oath is still proposed by the Magistrate and by some few also who feare more the losse of a Temporall then an eternall estate taken and moreouer defended he shall not be like to that Phisition who prescribeth Phisick after the disease is cured but rather to him who expecteth till the disease coÌ„meth to maturitie and ripenesse that so shewing it selfe more euidently he may apply the better remedie Receaue it therefore how late soeuer it come and vse it for thy good according to the Authours desire and sincere intention FINIS FAVLTS ESCAPED IN PRINTING PAg. 7. lin 10. bath corrige hath selue cor selfe p. 8. l. 11. Defert cor Desert p. 1â— l 22. to watdes cor towardes p. 14. l. 10. Indâ—â—h 8. Iudiâ—h 8. p. 14. l. 21 your co your p. 15. l. 3 Ghildbirth co Childbirth l. 15 eins cor eius p. 17. l. â—6 fornacet rieth cor fornace trieth p. 22. l. 26. substantiam cor substantiam p. 25. l. 2. tberfore corrige therfore p. 26. l. 3 you cor you p. 31. l. 18. visible cor visible p. 33. l. 8. followeth co floweth p. 3â— l. 9. and cor and. p. 43. l. 24. gnbernator cor guâ—ernator p. 48. l. 29. declare cor declare p. 50. l. 13. meantes cor meanes p. 55. l. 3 priuarelie or prâ—uate lie l. 5. children cor children p. 70. l. 1. that is cor that it l. 25. and cor and pag. 71. l. 29. ge cor goe p. 7â— l. 11. spirituall cor spirituall p. 75. l. 8 Fightlie cor Eighlie p. 76. l. 18. gouernmet co gouernment p 81. l. 24. defcendeth cor descendeth l. 28 Kâ—uges cor Kinges p. 82. l. 7. out cor our p. 85 l. 5. Enangelists cor Euangelists l. 10. nobis â—o vobis p 81 l. 22. and cor and. l. 2â— inâ—â—fidictio cor-iurisdictio p. 87. l. 12. facrifice cor sacrifice p. 91. l. 13. especiallig cor especiallie l. 23. is cor as pag. 93. l 10. infect cor infect p. 96. l. 11. thout cor thought lin 27. excommunication cor excommunication p. 98. l. 29. illnm cor illum p. 100. l. 25. of cor of p. 102. l. 19. bic cor hic l. 20. bellnm cor bellum p. 105. l. 9. ouet cor ouer l. 14. qui cor qui. l. 24. Russinus cor Ruffinus p. 107. l. 9. soue cor sonne l. 28. einsque cor einsque p. 108. l. 14. aud cor and. l. 19 hodie cor holie p. 11. l 16. first cor first p. 119. l. 24. howsoeuer cor howsoeuer p. 110. l. 23. derest cor detest p. 121. l. 3. Ecclesiastiaall cor Ecclesiasticall p. 123. lin 10. is cor if p. 127. l. 17. notwitstanding cor notwithstanding l. 20. snmendum cor sumendum l. 28. Ecclefiasticall cor Ecclesiasticall lin 31. Aristocle cor Aristotle p. 128. l. 5. Church cor Church p. 130. l. 12. os cor of l. 33. Generall cor Generall p. 131. l. 23. enerie cor euerie p. 132. lin 29. eternall cor externall p. 135. l. 12. aster cor after p. 137. l. 33. snpreme cor supreme p. 143. lin 21. gouerue cor gouerne pag. 1â—0 l. 21. quicquam cor quicquam pag. 151. l. 19. inconsiderrti cor inconsiderati p. 152. l. 10. BBCAMVS cor BECANVS p 153. l. 16. BYRHIL cor BVRHIL p. 154. l. 20. King cor King p. 155. l. 2. Supremacie cor supremacie p. 172. l. 24. heanen cor heauen lin 33. thetof cor therof p. 174. l. 17. although cor although p. 175 l. 17. Authontie cor Authoritie p. 179. l. 21. selues cor selues p. 186. lin 2. rempnblicam cor rempublicam l 5. The same doth also cor The same doth also p. 187. li. 18. Councell cor Councell pa. 190 l. 32. chrastizing cor chastizing p. 190. l. punish cor punish lin 13. sacrifice cor sacrifice p. 192. infecting co infecting p. 195. l. 18. that cor that p 196 l. 22. be cor he p. 198. l. 9. ther cor the. pag. 200. l. 6 hane cor haue p. 201. l. 25. Kingdomes cor Kingdomes p. 205. l 23. for as cor for as c. pag. 20â— l 19. Priuces cor Princes p. 208. l. 25. offensiue cor offensiue p. 214. l. 24. subiect corrige subiect p. 218. l. 11. And cor And. pag. 224. li. 24. selue cor selfe p. 228. l 31. which cor which p. 23â— l. 7. Prelares cor Prelates p. 235. l. 6. Lordes cor Lordes p. 237. l. 25. te cor to p. 238. l. 18 hecause cor because p. 240. l. 5. not cor not pag. 243. l. 18. which cor which p. 245. l. 1â— should cor should p. 246. l. 28. of cor of p. 249 lin 33. from cor from p. 257. l. 5. Epistle cor Epistles p. 257. l. 18. Regnnn cor Regum pa. 262. l. 17. denouuced cor denounced p. 268. l. 22 contronersie cor controuersie p. 269. l. 22. Englisch cor English p. 270. l. 2 Azorins cor Azorius p. 272. l. 2. cafu cor casu lin 22. edministrare cor administrare lin 28. propoaetion cor proposition l. 30. ne cor one p. 276. l. 21. aud cor and. p. 2â—8 l 22 trulie cor trulie p. 279. l. 16. Freunce cor Fraunce p. 284. l. 3. Councell co Councell p. 29â— l. 23. murout cor mirrour p. 288. l. 13. subiectes co subiectes l. 18. Queene cor Queene l. â—2 thc co the. p 290 l. 2. where cor were l 28. Thirdlie and lastlie cor Fourthlie and lastly p 297. l. 32. leisnre cor leisure p. 298. l 31. vndes cor vnder p. 2â—9 l 12. TViddrington cor VViddrington lin 24. beeause cor because p. 300. l 13. see cor soe p. 312. l. 32. os cor of p. 330 l. 21. Fot cor For. p. 334. l. 2â— saferie cor safetie Pag. 351. in marg dele Anton lib 4. and lib. cor l. pag. 353. lin 26 adde before if yet pag 353 lin 30. depose cor depose also pag 465. l last dele of excommunication denounced pag. 361 lin 10. abolendum cor abolendam pag. 368. l. 25. coe correct condemned pag. 368. l. 26. and cor but practised and. pag. 400. l. 23. perswaded cor perswade End
are necessarie meanes to attaine to the end of the Spirituall power which is conferuation of the Church and faith and the attaining of life euerlasting And so as S. THOMAS saith D. Th. 2. 2. q. 40. a. 2. ad 3 Omnis persona velars vel virtus ad quam pertinet finis habet disponere de his quae sunt ad finem Euery person or art or virtue to which the end belongeth may dispose of those things which are for the end Seeing then that God hath ordained Temporall things to the saluation of our soules and consequently to the Churches conseruation when the Chiefe Pastour whose office is to bring vs to our Spirituall end seeth that Temporall things are necessarie to that end he can not only command but also dispose of them Turrecr lib. 2. de Eccl. ca. 114. Hereupon TVRRECREMATA also vsinge the like Argument sayth To him that can dispose of the end it pertaineth to dispose of the meanes and to remoue also the Impediments as it is manifest in the Phisitian and sickman who because they haue Authoritie to procure health may make choise of the meanes and may remoue the Impediments of health VVherfore seing that the Chiefe Pastour is to looke to the soules health of his subiects he may not onlie command Temporall things but also dispose of them to that end and may remoue them when they are impediments to that end And because the King and his Kingdome are comprehended in the number of Temporall things which are ordained to the conseruation of the Church and the Spirituall end for God maketh a promise to his Chureh by the Prophet Esay Esai 49. That Kings shal be her Nurcing Fathers and that with a countenance cast downe to the ground they shall adore her Esai 60. and threatneth that the Nation and the Kingdome that shall not serue her shall perish it followeth also that when the Churches right and faith can not otherwise be conserued the Chiefe Pastour may dispose of the Kings Crowne and Kingdome hee in that case being subordinate to the Church and Christian faith Neither will VViddringtons answere serue to wit that in this case they are to be directed and commanded by the Chiefe Pastour for the conseruation of the Church but cannot be by him disposed because the argument prooueth more to wit that if the Chiefe Pastour can not only command in spirituall matters which are greater but also may dispose of them he may also dispose of the Temporall which are lesser they being in some case subordinate to the end of the Spirituall power which is conseruation of the Church and faith and procuration of eternall saluation 3. A second Theologicall Argument may be deduced from the Authoritie The Second Theologicall Argum. which the Church hath ouer Temporall power for as aboue I haue shewed the Spirituall power of the Church is not onlie Superiour to the Temporall in dignitie but also if they who haue this Temporall Authoritie be baptized in Authoritie of commanding not only in spirituall matters but also in Temporall when they hinder the Churches good or are necessarie for the Churches conseruation And therfore if the Prince make a Ciuill law which derogateth to the Church the Pastour can command them to alter or to abrogate it S. GREGORIE corrected MAVRITIVS the Emperours law Gregor lib. 7. Indic 1. by which he forbad souldiers to enter into Religion So S. AMBROSE though no Pope but Archbishop of Milan commanded Theodosius the Emperour Theodor. li. 5 cap. 17. 18 who had caused seuen thousand at Thessalonica to be killed for a sedition made against the Magistrates to make a new law by which he was so restrained that when he should condemne any to death or confiscation of goods the sentenee should not be executed till 30. daies after that he might haue time to iudge better when the furie of anger was past And the Canon law is full of commandementes of the Pope to Princes euen for the disposition of Temporall things Widdr. in Apol. n. 93. num 97.101.141 139.377 378. which also Widdrington graunteth For in his Apologie for the right of Princes he oftimes repeateth that the spirituall power can direct command and compell by Censures the Princes to make lawes which are necessarie for the Churches conseruation and to abrogate lawes which are iniurious to her and so to dispose Temporall things as they shall not preiudice the Church but rather serue her for her necessarie conseruation Widdr. Apolog. n. 197. Yea sayth he Potest Ecclesia propter instantem sui ipsius necessitatem praecipere vel prohibere vsum gladij materialis The Church when necessitie vrgeth can command or forbid the vse of the materiall and temporall sword And then say I if the Chiefe Pastour can command the Temporall power scepter and sword when the necessitie of the Church requireth he may also dispose of the Temporall power scepter and sword Widdr. in Apol. Resp nu 28. This consequēce Widdrington often tymes denieth but with how little reason we shall see brieflie For although euerie one that can command can not dispose yet Princes may I graunt the Ghostlie Father can command his Penitente to giue Almes and the Penitent shall be bound vnder sinne to obey yet he shall not therfore loose the proprietie and dominion of those his goods which he should haue giuen in almes Yea I graunt that the Prince when he commandeth his subiects to contribute for his warres or other necessities of the Realme doth not alwaies by and by depriue them of their dominion and proprietie but yet I say that as he can command Temporall things for the necessitie of the Realme of which he hath charge so he can by his absolute power called Dominium Altum when it is necessary for the Common wealth not only command but also take those goods from them and depriue them of the same as in many other cases he also confiscateth their goods and depriueth them of Dominion VVherfore seing that the Pope is the supreame visible and spirituall Prince of the Church he may not only command Christian Princes his subiects to vse their Scepter Authoritie and sword to the necessarie conseruation of the Church and especially not against the Church but may also if they contemne his commandement and Spirituall Censures for the necessarie conseruation of the Church and faith dispose of them else he were inferiour to the Prince and had not Authoritie sufficient for the conseruation of the Church which is committed and commended to his charge 4. The third Theologicall argument The third Argument shall be grounded in the Nature of the Church as it is a Common wealth for the Church is an absolute Common wealth not subordinate to any other as the Kingdome is to the Chiefe Pastour and Church Now it is so that euerie absolute Common wealth to wit which is no part nor is dependent of another hath power not onlie to
enact lawes for the subiects directions and to inflict punishment on them that are Malefactours or perturbers of the Ciuill Peace at home but also may make warre abroad both offensiue and defensiue for her necessarie conseruation against another Common wealth though otherwise not subiect nisi ratione delicti which shall invade her rights or offer any notable iniurie And as for defensiue warre no man with the least shew can deny but that euerie Common wealth when there is iust cause may wage such warre because if euerie priuat man by the Authoritie which he hath from God and Nature to conserue that being which they haue giuen him L. vt vim ffâ—de lust Barthol l. 9 ff oâ— poen it l. Furum ff de sicartis Alex. 111 c. St vero 1. de sent excom Innoc. 111. cap. significasti 1. de homicid volunt casuali cap. dilecto de sent excom in 6. may vim vi repellere and kill rather then be killed much more may an absolute Common wealth defend it self euen by armes against another Common wealth or Prince that vniustlie inuadeth or wrongeth it As concerning offensiue or aggressiue warres although euerie priuat man can not reuenge iniuries past but only defend him selfe when they are actuallie inferred yet publick persons such as are Princes Magistrates and Common wealthes may And although Princes and states dependent of another can not wage warre without licence of the Superiour yet Princes and Common wealthes independent may not onlie punish Domesticall Malefactours and perturbers of Ciuill Peace and Iustice at home but also may make warres abroad against other Princes or Common Wealthes though otherwise not subiect and may not only defend them selues but also reuenge iniuries past and may take their enemies townes and strong houldes burne and kill till they haue procured iust renenge and future securitie and consequentlie may in that case depose and kill the Prince him selfe because the end of iust warre being peace all things in a iust warre are lawfull which are necessarie to obtaine peace and securitie And seing that many times the King or Common wealth cannot sufficiently reuenge nor secure them selues but by inuading the enemies countrie by sacking his cities killing his subiects and many times the Prince him selfe all these things are lawfull in a iust Warre and haue euer bene practized euen amongst the best and godliest Princes as euen scriptures auerre Counsels approoue and histories doe witnesse For in the olde law IOSVE DAVID the MACHABEES yea ABRAHAM and in the new CONSTANTINE the Great THEODOSIVS CHARLES the Great and many others are commended for their warres against Tyrants and the Enemies of God And onlie Hereticks or fauourers of Hereticks a Aug. lib. 22. coÌ„t Faustum ca. 74. Manichees b Thom. WaldeÌ„s tom 3. de Sacr. tit 24. cap. 169. Wicklefists and Anabaptists c Melancth de loc is tit de Magistratu condemne all warre as vnlawfull to whom d Chil. 4. cent 1. Adag 1. in ca. 3. Lucae Erasmus seemeth to subscribe And the reason of this ARISTOTLE giueth because saith he euerie absolute CoÌ„mon wealth must be sufficient in it self and must haue that Authoritie which is necessarie not onlie to defend it selfe whilst iniuries are inferred but also to reuenge them by warre after they are past and so to procure not onlie iust reuenge but also a secure stable peace for after tymes for if one Common Wealth or Prince should inuade another and yet could not be repelled no Common wealth could longe conserue it selfe Wherfore when a Kingdome or Common wealth is wronged it may not onlie defend but also reuenge it self in manner aforesaid for in this case one must yeeld and reason teacheth that the Common wealth which is nocent and which offereth wrong should rather yeeld then that which is innocent and receaueth wronge and so if the innocent Common Wealth cannot conserue it selfe whilst the other is in prosperitie it may make warre vpon it and ruine it or subiugate it rather then it selfe should be ruined And although none but God and lawfull Superiours can reuenge wronges past according to that Mihi vindictam ego retribuam Reuenge to mee Deut. 31 Rom. 12. Rom. 13. and I will reward and againe Dei enim minister est vindex in iram ei qui malum agit For he is the Minister of God a reuenger vnto wrath to him that doth euill And S. 1. Pet. 2. PETER biddeth vs to be obedient not onlie to Kings as excelling but also to rulers as sent by him ad vindictam malefactorum laudem verò bonoruÌ„ to the reuenge of malefactours but to the prayse of the good yet a Common wealth may reuenge it selfe vpon another Common wealth that offereth iniurie by reason that it hath publick and supreame Authoritie and that the Common wealth that offreth wrong makes it selfe subiect to the wronged ratione delicti 5. Vpon this ground layd I can now build diuers arguments to prooue that which is in this Chapter intended The First Sequel For first hence it followeth that the Church may vse defensiue warre not only against Christian Princes but also euen against Pagans and infidels that do molest her because Nature teacheth that euery one may vim vi repellere repell force by force and although the ordinarie Armes and weapons of the Church be Spirituall as excommunication and such like yet when these will not serue she may vse temporall For as Christ in establishing a Church gaue it a Spirituall being so he gaue it Authoritie to conserue and defend this being by all lawfull meanes And therfore if euerie one may vse all lawfull meanes to defend not onlie him selfe but euen his Temporall goods and may rather kill then be killed yea or spoiled of his goods because naturall reason teacheth that when God and nature giue anie being they giue authoritie to conserue and defend it else their liberalitie had bene in vaine So seing that Christ hath giuen his Church a being which consisteth in a Spirituall power to preach minister Sacraments gouerne by lawes c. whosoeuer shal be so hardie as to offer to depriue her of this her being and power she may euen with Temporall armes which otherwise are lawfull defend and mantaine her right And although Infidels who were neuer baptized be not subiects of the Church nor shee their Superiour according to that of S. PAVL 1. Cor. 5. Quid mihi de his qni foris sunt iudicare VVhat is it to me to iudge of theÌ„ that are without yet there is no superioritie or publick Authoritie required to defend for euerie priuat man may vim vi repellere repell force by force much more may the Church or anie other Common wealth else if a priuat man might defend him self and a Common wealth could not the priuat man should be in better estate then a Common wealth which is absurd Sanderus lib. 2. de visib mo narch cap. 4.