so good sincere and zealous a Catholike and yet lyeth lurking and schulking vnder another mans name of purpose as it seemeth to lash out more freely contumelious words which in his owne name he would blush to vtter for otherwise he needed not to disguise himselfe for feare of incurring the displeasure of Princes for the doctrine he teacheth so preiudiciall to their temporall Soueraigntie which also he will needes haue to be forsooth an vndoubted point of Catholike faith both for that he being a man of so high a ranke and place and liuing out of their dominions and subiection can by their indignation taken against him receiue but little harme and also for that he teacheth heere little or nothing in preiudice of their Soueraigne authority which he did not long before in his owne shape and name without putting on any maske or vizard in very plaine words maintaine But in what an exorbitant manner the Court of Rome doth proceede against those Catholikes who for desire to know the truth in matters of greatest moment speake or write any thing be it with neuer so great submission which seemeth in their opinion to derogate from that authoritie which some Popes of late yeres haue claimed as due to them although it is and euer hath beene contradicted by learned Catholikes it is too too manifest and their proceedings against mee and my bookes in commanding mee vnder paine of Censures to purge my selfe foorthwith and yet giuing mee no notice of any crime which I haue committed or any bad doctrine which I haue taught albeit I haue oftentimes with great instance desired to know the same protesting to purge and recall whatsoeuer I ought to purge and recall doth sufficiently confirme the same But now secondly to the matter from whence the virulent speeches of this Doctor hath caused mee to make this digression 21 Card. Bellarmine in his Controuersies laboured to prooue from the nature of euery perfect and well instituted Common-wealth Bell. lib. 5. de Rom. Pont. cap. 7. which ought to haue all sufficient and necessary authoritie to the attaining of her end that the Church of Christ must haue authoritie to vse and dispose of temporalls and consequently to inflict temporall punishmēts and to depose temporall Princes for that this authoritie is necessary to her spirituall end which is the saluation of soules because otherwise wicked Princes might without punishment nourish heretickes and ouerthrow Religion To this argument I answered in my Apologie Apolog. 176. seq graunting to Card. Bellarmine that euery perfect and well instituted Common-wealth ought to haue alwaies sufficient authority for as much as concerneth the authoritie it selfe to the attaining of her ende although she hath not alwaies sufficient power force meanes or abilitie actually to obtaine the same and to remooue all impediments which may hinder the same And so the Church of Christ being a perfect and well instituted spirituall Common-wealth hath all sufficient spirituall authority forasmuch as concerneth the authority it selfe to the attaining of her spirituall and which is the sauing of soules albeit she hath not alwaies sufficient power meanes or ability actually to bring all men to saluation to take away all the lets that may hinder the obtaining thereof But withall I denied that the authoritie to vse and dispose of temporall things or to inflict temporall punishments is necessary in spirituall Pastours to the sauing of soules but that the authority to vse and dispose of spirituall things and to inflict spirituall Censures or punishments is sufficient in spirituall Pastours to bring soules to saluation forasmuch as concerneth the authority and punishment themselues 22 Neither doth it therefore follow as Card. Bellarmine pretended to conclude that if the Church hath not authority to vse and dispose of temporalls and consequently to depose temporall Princes wicked Princes might without punishment nourish heretickes and ouerthrow religion For the Church by her spirituall authority may punish them grieuously with Ecclesiasticall Censures which punishments are so great and dreadfull that of themselues they are able to terrifie any Christian Prince and to withdraw him from euill But if some Christian Prince for want of due consideration bee not terrified with Ecclesiasticall Censures the spirituall authority of the Church cannot inflict vpon him any temporall or ciuill punishment for that the onely and last punishment which the Church or which is all one the spirituall Pastours thereof by the institution of Christ can inflict is Excommunication or some such like spirituall Censure or punishment Thus I answered in my Apologie 23 Now D. Schulckenius to confute this my answere flyeth from Card. Bellarmines reason grounded vpon the nature of euery perfect and well instituted Common-wealth which reason I tooke vpon mee in that place to confute to the Decree of the Councell of Lateran which is his common skar crow For when he cannot confute the answere which I giue to any reason or authority brought by Card. Bellarmine to prooue the Popes power to depose Princes then his custome is to flye from that reason or authority to the Decree of the Councell of Lateran as though that onely Decree of the Councell of Lateran of which Card. Bellarmine in his Controuersies made no account at all were now a sufficient proofe to make good all his other reasons and authorities which Decree neuerthelesse he expoundeth according to his priuate spirit contrary to the words and true meaning of the same Councell and in stead of the Lateran Councell which I doe not impugne he would thrust vpon Catholikes his owne opinion which he violently wresteth from the words of the Councell 24 For as I haue often told him I am a true and sincere Catholike yea and a farre truer then he himselfe is if he build his Catholike faith vpon such weake and fallible grounds which some Catholike◠vnderstand in one sense and some in another it being well knowne to all learned Catholikes that the Catholike faith which is infallible cannot be built vpon vncertaine and fallible grounds and which are in controuersie among Catholikes but vpon vndoubted grounds and so acknowledged by all true and learned Catholikes So likewise I haue often told him that I doe giue all dutifull honour and respect to all the Decrees of any approoued Councell either touching faith or manners and I doe reuerence euery one of them in their due place and order but euery exposition which either Card. Bellarmine or any other priuate Doctour who may both deceiue and be deceiued maketh of any Decree of the Councell of Lateran or of any other Councell especially when other Doctours expound that Decree otherwise I doe not account to bee any good ground or rule of a true Catholike faith And therefore it is not true that I doe freely contradict the Decree of the Councell of Lateran but I doe freely contradict his priuate exposition of the Decree of that Councell it being contrary to the true sense and meaning of the wordes
vntruely affirmeth either that the Pope hath power to chastise Princes in their temporall States and dignities except by way only of direction or commandement or that the necessitie of the Church doth require that spirituall Pastours should by their spirituall authoritie haue power to vse the temporall sword and to inflict temporall punishments nor hath rightly concluded the Popes power ouer the bodies and temporall goods of Christians from the power hee hath ouer their soules by those two axiomes Hee that may doe the greater may doe the lesse and The accessorie followeth the nature of the principall the true sense and meaning wherof I haue amply declared before in the second and third Chapters and haue laid open Mr. Fitzherberts fraude and ignorance in vrging those axiomes 46 Wherefore to conclude with him this Chapter I remit it good Reader to thy iudgement whether I haue any way abused Mr. Fitzherbert in two things as hee saith I haue done the one in affirming as thou hast heard before in the first Chapter that hee in his Supplement doth first of all suppose that the Popes power to excommunicate Princes is abiured in this Oath and the other that hee hath effectually proued nothing else by the law of God but that the temporall power is in spirituall things and in temporall as they are reduced to spirituall subiect to the spirituall power so farre foorth as concerneth the authoritie to command and a spirituall manner of punishing by way of coercion and not temporall For as I haue most amply shewed in this Chapter he hath not brought any one pregnant reason or necessarie consequent grounded vpon the law of GOD either in the olde Testament or in the new to proue that the Pope hath power to proceede by way of temporall coercion or which is all one by inflicting temporall punishments to the temporall correction or punishment of any Prince Neither also hath hee brought any one pregnant reason or argument to prooue either that spirituall punishments are not of themselues sufficient although by reason of the indisposition of the person so punished not alwayes effectuall to redresse all inconueniences and to correct or amend all the disobedient children of the Church or that the necessitie of the Church as it is instituted by Christ to be a spirituall and not a temporall common-wealth doth at any time require that the spirituall Pastours or Gouernours thereof must haue authoritie to vse temporall weapons or which is all one to inflict temporall punishments whereupon it euidently followeth that this new Oath which denyeth this authoritie of the Pope is not repugnant to the law of God 47 Thus then thou seest that I haue soundly answered all Mr. Fitzherberts arguments without dissembling the substance or pith of any one of them and haue most cleerely shewed that I haue neither abused him nor the Reader in those two things which heere he mentioneth but that hee hath notably abused mee and bewrayed his manifest fraude and dissimulation in falsly relating the supposition whereon he groundeth his whole Discourse as I haue at large declared in the first Chapter and therefore I thinke it needelesse to repeate heere the same againe CHAP. VI. Wherein Mr. Fitzherberts arguments taken from the Law of Nature are confuted and first it is shewed in what manner temporall things are by the Law of Nature subordinate to spirituall and the temporall Common-wealth to the Church of Christ. Secondly that Religious Priests by the Law of Nature cannot punish temporall Princes temporally and that in the Law of Nature the ciuill Societie was supreme and disposed of all things as well concerning Religion as State and that therefore the new Oath denying the Popes power to depose Princes is not repugnant to the Law of Nature Thirdly the difference betwixt the directiue and coerciue power and how temporall things become spirituall is declared and from thence prooued that the Church may command but not inflict temporall punishments and diuers replies of Mr. Fitzherbert and D. Schulckenius are confuted MY Aduersarie T. F. a man as most of our Countreymen know vnskilfull in Philosophie and Schoole-Diuinitie as being sciences which he hath little studied hath in this sixt Chapter taken a hard taske vpon him and which few men except such as are like to himselfe would aduenture but as our English prouerbe saith who is so bold as is blind Bayard For he will forsooth shew in this Chapter that he hath effectually prooued in his Supplement by the law of Nature that the Pope hath power to chastise Princes temporally and consequently that the new Oath of Allegiance which denyeth the Popes power to depose Princes is repugnant to the law of Nature But how vnsoundly he hath prooued this and that by the law of Nature it may rather be conuinced that Religious Priests were subiect to temporall Princes and might be deposed by them and that all things both concerning State and Religion and the publike seruice of God did in the law of Nature depend vpon the authoritie of the temporall common-wealth you shall anon most cleerely perceiue 2 First therefore Mr. Fitzherbert a Pag. 94. nu 2 setteth downe the words which he wrote in his Supplement in this manner It is euident by the light of naturall reason that in all things wherein there is any naturall composition or combination there is a due subordination and subiection of that which is lesse perfect to the more perfect and of the inferiour to the Superiour as of the meanes to the end which is euident in the Hierarchies of Angels in the Orbes or Spheres in the Elements in the Powers of the soule in the Sciences and to omit other examples in all naturall Societies of Families Common-wealths and Kingdomes in which there is a superioritie and subiection the lesse perfect being inferiour and subordinate to the more perfect whereby nature giueth to euery thing the perfection which is conuenient for it according to the kind degree and qualitie thereof wherein we see nature tendeth still to greater perfection passing and as it were mouing by degrees from the lowest and and most imperfect creature to man from man to Angels and from them to Almightie God who as he is the Creatour of all so also he is the end consummation and perfection of all yea perfection it selfe by whom and in whom all naturall things are consummated and perfected 3 Here you see this man hath brought diuers examples wherein one thing is subiect and subordinate to another but to what purpose he hath brought them and how from any one of them he can well deduce that the Pope hath power to depose Princes by the law of Nature which is the principall subiect of this Chapter I cannot any way conceiue If he had declared in particular after what manner and with what kind of subiection these things are subordained one to the other euery man of meane vnderstanding would presently haue perceiued the non sequitur of all the consequences
Common-wealth because the end doth farre excell the meanes that tend thereto and the other that the Ecclesiasticall Societie which of all Societies doth next approach to GOD and vnite them with him is the most excellent and worthie of all Arist l. 1. Meta. and therefore as Aristotle worthily called Metaphysicke the Mistresse and Goddesse because it immediately considereth the sciences of all things which is God so may we call the Religious or Ecclesiasticall Societie the Mistresse Lady Empresse and Goddesse of all Common-wealths and all other Societies because it is properly and immediately dedicated to the seruice of GOD as also because Common-wealths and other Societies cannot performe their dutie to GOD nor arriue to perfect felicitie but by the meanes of the Ecclesiasticall Societie 27 And this is so certaine and euident that no Philosopher or learned Paynim would deny it as it may appeare by the institution and customes of the best Common-wealths among the Paynims in the which the Religious Societie had the preheminence aboue the Common-wealth in all things that any way appertained to Religion as I will make it manifest heereafter when I shall speake of the law of Nations and now only for the present I wish to be obserued that in the Roman Common-wealth the chiefe Bishop who was called Pontifex Maximus had supreame authoritie in matters pertaining not only to Religion but also to State when the same was mixed with Religion in which case he commanded the Consuls themselues who were the Soueraigne temporall Magistrates Valeri l. 1. c. 1. This appeareth in Valerius Maximus who testifieth that Posthumus the Consull being a Priest of the God Mars and intending to goe to Africke with his army was forced by Metellus the chiefe Bishop to stay his iourney to attend to his Priestly function and therefore Cicero saith that it was most notably Cicero pro domo sua and diuinely ordained by the ancient Romans that the Bishops should haue the chiefe command in matters that pertained as well to the Common-wealth as to the Religion of the Gods And no meruaile seeing that the Augures who were inferiour to the Bishops had such absolute authoritie that they might hinder the election of Officers depriue the Magistrates of their Offices and forbid the Senate to treate with the people Cicero de legib lib. 1. 2. in so much that nothing lawfully done by any Magistrate at home or abroad if he were contradicted by them Cicero de Diuiuat lib. 2. and which is more the two Consuls P. Claudius and Lucius Iunius were condemned to death for disobeying them 28 Whereby it appeareth that although the Augures and Pontifices Maximi had no authoritie ouer the temporall Magistrates in matters meerely temporall yet when consideration of Religion entered together with temporall affaires the temporall Magistrate was corrected and commanded by the spirituall as occasion required And this I say was the custome of the Romans because no doubt they held it to be most conforme to the law of Nature in which respect I may boldly say that if an Oath had beene propounded amongst them to haue exempted their Consulls and other temporall Magistrates from the command and correction of the chiefe Bishop notwithstanding any occasion of religion which might occurre they would not haue admitted it as lawfull And this is our very case Thus I said in my Supplement and then I concluded concerning the pretended Oath of allegiance speaking to M. Barlow in these words And thus you see M. Barlow that the Law of Nature is so farre from enioyning and iustifying the Oath as you say it doeth that it vtterly reiecteth and condemneth it except you can turne the world vpside downe and peruert the whole course of nature and prooue that things lesse perfect are to be preferred before the more perfect the body before the soule sense before reason temporall things before spirituall pollicie before religion earth before heauen and the world before God whereto in very truth your doctrine in this point directly tendeth 29 But these two consequents which Mr. Fitzherbert deduceth from his last Discourse are neither against my doctrine nor doe they any way prooue the new Oath of Allegiance to bee repugnant to the Law of Nature For as I saide before I doe willingly grant that Religion and the seruice of GOD and perfect felicitie which is the immediate end thereof is farre more noble and more worthie then the temporall good or immediate end of any temporall Common-wealth which is his first consequent and also which is his second that the Religious or Ecclesiasticall Societie is the most excellent and worthie of all and may in some sort be called the Mistresse Lady Empresse and Goddesse of all Common-wealths and Societies because it is properly and immediately dedicated to the seruice of GOD as also because temporall Common-wealths and other Societies cannot performe their dutie to GOD nor arriue to perfect felicitie but by the meanes of the Ecclesiasticall Societie But shee is not called the Mistresse Lady Empresse and Goddesse of temporall Common-wealths for that shee can doe all the actions functions and offices of them and inflict the same temporall punishments that temporall Common-wealths can inflict but only for that shee can doe more noble and more worthie actions functions and offices and inflict more grieuous and more dreadfull punishments to wit spiritual agreeable to the nature and conditions of a spirituall Common-wealth and a Religious or Ecclesiasticall Societie 30 Secondly I doe also willingly graunt that amongst the Paynims and ancient Romanes not onely the chiefe Bishop who was called Pontifex Maximus and had the supreame authoritie in matters belonging to Religion or to the seruice of their Gods but also the Augures or Soothsayers who were Priests inferiour to the chiefe Bishop had great authoritie and command in matters belonging to temporall affaires in so much that the yong chickens of certaine birds called pulli Melici and Chalcidici were held in such honour and estimation among them that they would keepe no assemblies they would promote none to any office or dignitie they would neither make warre nor truce and finally neither at home nor abroad would they vndertake any enterprise vnlesse they were foretolde by those yong birds whose prediction they did regard as an oracle and message sent from Iupiter whose messengers and interpreters they accounted those birds to be The particular manner whereof you may see in Alexander ab Alexandro lib. 1. cap. 29. But from hence it doeth not follow that those chiefe Bishops as they were religious Priests had authoritie giuen them by the law of Nature but onely by the free grant of the temporall Common-wealth to punish temporally any man that should transgresse their commaund or otherwise violate the religion of their Gods 31 Thirdly therefore although it be true that the ancient Romans and other Paynims did preferre Religion and the worship of their Gods before any other temporall thing and in regard
to campe againe c. 39 Concerning the ceremonies which were to be vsed and the sacrifices which were to be offered albeit in the law of Nature when there was no law of God which did restraine or limit any man to any kinde of ceremony or Sacrifice it was lawfull for euery man to doe what hee would vnlesse it were euill of it selfe and therefore euery man as being considered by himselfe might offer what sacrifice or vse what kinde of ceremony he pleased but as he was a part and member of some Communitie he could vse no other sacrifice or ceremony then that which the Communitie or the supreme Gouernours thereof whose Minister he was did appoint yet in the law written it was otherwise For as God himselfe did limite and determine the places and ministers to doe sacrifice so also he determined all the rites and ceremonies belonging to the worshipping of him whereof the whole booke of Leuiticus doth treate But concerning the Sacrifices God appointed in generall three kindes to wit Holocausts a sacrifice for sinne and a Pacificke hoste Num. 6. and vnder these three were comprehended all other particular kindes of sacrifices of all which and of the ceremonies belonging to them it is treated from the first Chapter of Leuiticus to the eight What other authority the Priests of the olde Testament had in expounding and interpreting the law of God when any doubt or difficulty should arise I declared aboue in the former Chapter when I examined that place of Deuteron 17. Si difficile ambiguum c. If thou perceiue that the iudgement with thee be hard and doubtfull c. 40 Now lastly concerning the law of Christ wherein all the ceremoniall and iudiciall lawes of the old Testament doe cease insomuch that no Christian now is bound to obserue any one of those lawes by vertue and force of the law it is to be considered that our Sauiour Christ hath now instituted a new Priesthood and a new Sacrifice And albeit he hath determined and limited the persons who are to offer Sacrifice and the Sacrifice which is to be offered for the persons or Priests to offer Sacrifice he hath appointed onely his twelue Apostles and those who are duely consecrated and ordained by them or their Successours and the Sacrifice which they ought to offer is one onely to wit the vnbloody offering of his immaculate body and blood vnder the visible formes of bread and wine by vsing those words which he himselfe in his last Supper did vse and institute yet he did neither limit the place where this Sacrifice should be offered nor the ceremonies which were to be vsed in the offering thereof but he left these to the disposition of the Church and to the supreme Pastours or Gouernours thereof to determine them as they should thinke conuenient Besides this authoritie which Christ gaue to the Priests of the new law ouer his true body he gaue them also authority and Iurisdiction ouer his mysticall body which are the faithfull which authority and Iurisdiction is signified by the keyes of the kingdome of heauen which our Sauiour promised to S. Peter and in his person to the rest of the Apostles whom he did represent of which authority I haue spoken somewhat in the former chapter and also in my Apologie Theologicall Disputation and Appendix thereunto 41 And from hence the Reader may easily gather two things the one is the difference betwixt the Priests in the law of Nature and in the law written for that both in the law of Moyses and of Christ the Priests had not their authoritie from men but from GOD neither was it in the power of the temporall common-wealth to extend or diminish their Priestly authoritie but in the law of Nature the Priests had their authoritie from the ciuill Communitie or common-wealth whereof they were parts and members and in whose name and by whose authoritie they were made Priests and had power to offer sacrifice and it was in the power of the common-wealth to extend or diminish or to take quite away their Priestly authority and to appoint and ordaine in what manner and with what ceremonies and what things they should Sacrifice to God and to determine of all things concerning Religion yea and the common-wealth did also determine what Gods they were to woorship and therefore it was decreed by the Senate of Rome that no Emperour should be canonized or made God Alexand. l â—6 cap. 4. but by the decree of the Senate 42 The second which followeth from the former is that considering in the law of nature the Priesthood was wholly subiect and dependent vpon the ciuill Common-wealth in so much that the Priests in the law of nature were subiect and subordinate not onely in temporals but also in spirituals and in all things which concerned Religion and the publike seruice of God to the supreme Gouernours of the temporall Common-wealth from whom they receiued all their Priestly authoritie Mr. Fitzherbert very vnlearnedly concludeth that according to the law of nature the temporall State and power is subiect and subordinate to the spirituall and that the supreme temporall Magistrate was commanded and corrected with temporall punishments as occasion required by the spirituall seeing that the quite contrarie I haue most cleerly conuinced out of Abulensis and the same may very plainely be gathered from the doctrine of Sotus Valentia Suarez Vasquer and other Diuines treating either of Sacrifices in generall or of the Sacrifice of the Masse or of the Priesthood of Christ And therefore I may bouldly say that if in the law of nature an Oath had beene propounded by the ciuill Common-wealth wherin the Religious Priests should haue acknowledged that they might not only for temporall crimes but also for spirituall and which meerely concerned Religion be punished by the supreme temporall Gouernour with temporall punishments and also be depriued of their Priestly function and authoritie the Priests would haue admitted it as lawfull And if an Oath had beene propounded by the Priests to haue themselues exempted from the authoritie of the supreme temporall Gouernour euen in spirituall or religious affaires much lesse in temporall the Ciuill Common-wealth or supreme Gouernours thereof would not haue admitted it as lawfull but would haue punished the Priests for presuming to vsurpe such an authoritie 43 Wherefore those last words of my Aduersarie to Mr. Barlow are a most vaine friuolous and idle florish For albeit the ancient Philosophers and learned Paynims being guided by the law of Nature and light of naturall reason whose doctrine also in this point our moderne Diuines doe follow did cleerely see that in the law of Nature when no positiue law of God was published the Ciuill common-wealth or supreme gouernours thereof had the chiefe command and authoritie in all matters as well concerning Religion as State to whom the Religious Priests were wholy subiect as well in spirituall or religious as in temporall affaires yet they did not turne
the word vpside downe or peruerted the course of Nature but knew right well that things lesse perfect are not to be preferred before the more perfect the body before the soule sense before reason temporall things before spirituall policie before Religion earth before heauen and the world before God And therefore there is none but such ignorant men as my Aduersarie is that can or will affirme the new Oath of allegiance to be repugnant to the law of Nature or to the light of nature reason for that it denyeth the authoritie of spirituall Pastours to punish temporally ablute Princes or to depriue them of their kingdomes or dominions 44 And by this the insufficiencie of the rest of Mr. Fitzherberts Discourse will easily appeare This was some part saith he i Pag. 101. num 12. of my Discourse in my Supplement concerning the law of Nature whereby thou seest good Reader that I haue sufficiently shewed two things the one that according to the law of Nature the temporall state and power is subordinate and subiect to the spirituall when they are conioined in one body no lesse then the familie is subordinate and subiect to the Common-wealth in like case because the end of the temporall power is subordinate to the end of the spirituall power which ouerthroweth my Aduersaries false principle to wit that the Ecclesiasticall and ciuill Societie are so distinct in nature and office that though they be ioined together yet they haue no dependance the one of the other vpon which false ground and vaine supposition often affirmed by Barclay and him and neuer proued by either of them they found all their false doctrine 45 But how vntrue this is I haue already shewed For in the law of Nature the temporall state and power was not subiect and subordinate to the spirituall or Religious except only in excellencie and nobilitie whereof there is no question but contrariwise the Priests of the law of Nature were subiect in spirituall and religious affaires to the supreme ciuill Gouernour when they were distinct persons neither did they make two distinct Common-wealths as they doe in the law written but the ciuill Common-wealth had authoritie to dispose of all matters as well concerning Religion as state and not only to make Priests and to giue them Priestly power but also to increase diminish alter or to take away from them their Priestly authoritie and to determine of all things both temporall and spirituall which is not so in the law written wherein Priests haue their authoritie from the positiue institution and law of God himselfe 46 True it is that the Heathen Common-wealths gaue great authoritie priueledges and exemptions to those persons whom they chose and appointed to be their Priests especially to the chiefe Priest or Bishop whereof reade Alexander lib. 2. cap. 8. and lib. 3. cap. 27. to whom the Romanes gaue such great honour that they did esteeme him next to the King or supreme temporall Prince and gaue him authoritie to command and also to punish the King of sacred rites and all the other inferiour Priests Yea euen to Vestall Virgins who were Priests of the Goddesse Vesta such honour was giuen by the Romanes that if by chance they should meete any malefactour that was led to death hee should not for that time be put to death Plutarch in Numa Alex. lib. 5. cap. 12. vpon condition that the Virgin must sweare that her meeting of him was casuall and not of purpose But from hence it cannot be gathered that the religious Priests had by the law of Nature such authoritie priueledges and prerogatiues but only that the Common-wealth in honour of Religion did grant them such temporall honour and authoritie and would haue them to be obeyed in some matters of great moment vnder paine of death 47 Now in the new law in what manner the temporall Common-wealth or rather those persons who are parts and members therof are subiect to spirituall Pastours I haue at large declared aboue in the second part where I haue sufficiently proued out of Card. Bellarmines owne grounds that the coniunction of temporall power and of spirituall subiection in the same Christian man is not sufficient to make the temporall and spirituall Common-wealth among Christians one totall body or Common-wealth whereof the Pope is the supreme visible head for then the Pope must be both a temporall and spirituall Monarch of all Christendome and Christians and that although they should make one totall body or Common-wealth whereof Christ only is the head in that manner as I there declared yet from thence it could not be concluded that the temporall power or Common-wealth is per se and naturally subiect and subordinate to the spirituall power or Common-wealth but only that Christian Princes not as they haue temporall power but as being members of the Church of Christ they haue spirituall subiection and consequently in spiritualls and not in temporalls are subiect to the spirituall power or common-wealth and the spirituall Pastours thereof And there also I answered all the arguments which D. Schulckenius brought to proue the contrarie Let Mr. Fitzherbert impugne that Treatise and then he may haue some cause to brag that this doctrine of mine and Barclaies is a false and vaine supposition of our owne In the meane time the Reader may cleerely see how vainely and friuolously he hath proued by the law of Nature that the temporall power is subiect and subordinate to the spirituall and that in the law of Nature Religious Priests as they were such might command and correct temporally the temporall Common-wealth or supreme temporall Prince whereas the quite contrary is manifest by the law of nature 48 The other thing saith Mr. Fitzherbert that I haue shewed is that by reason of this naturall subordination and subiection of the lawes and lesse perfect Societies to the higher and more perfect it is most conforme to nature that the head of the Church who is the supreme spirituall Magistrate may command and correct all inferiour Magistrates as well temporall as spirituall when the necessitie either of the whole body or of the Church only which is the most perfect and supreme Societie doth require it as in like case the supreme ciuill Magistrate who is Prince and head of the Common-wealth iustly commandeth and punisheth the heads of Families or Cities notwithstanding that the said Families and Cities are distinct Societies and bodies and haue their lawes and Magistrates apart no lesse then the Common-wealth and Church haue theirs 49 But first it is vntrue that there is any naturall subordination and subiection of the temporall power or Common-wealth to the spirituall except in dignitie and perfection which is nothing to the purpose and whereof no man maketh doubt neither doth the dignity and perfection of the more noble and excellent Societie inferre a superioritie in command and authoritie ouer the lesse worthy and lesse noble Societie vnlesse we will haue the companie of Goldsmiths to haue
is no naturall subordination of any Ciuill Societie to the Church of Christ except only in dignitie and perfection which is nothing to the purpose and that in the law of Nature it belonged to the Ciuill Common-wealth it selfe to dispose and order all things as well concerning Religion as Ciuill matters as to ordaine Priests to appoint with what kind of Sacrifices and in what maner and place God should be publikely worshipped to giue or take away to extend or diminish the authoritie dignitie and priuiledges of Religious Priests as the Common-wealth whose Ministers they were and to whom they were subiect not onely in temporalls but also in spiritualls should thinke expedient and therefore to make a naturall subordination subiection not only in dignitie and perfection but also in power and authority of the ciuil common-wealth to the Church of Christ is cleerly repugnant to nature to all natural reason 55 Secondly I also shewed the manifest difference betwixt families cities and all such like inferiour Ciuill Societies being compared to the whole Ciuill Common-wealth and betwixt the whole Ciuill Common-wealth being compared to the Church or spirituall kingdome of Christ for that not only the persons of all inferiour ciuill Societies but also the Societies themselues which are only compounded of ciuill power are true parts members of the whole ciuill Societie or common-wealth and that therefore the supreame ciuill Magistrate or Prince who hath power to dispose of the whole ciuill body or common-wealth hath power also to dispose of euery part and member thereof But the temporall Common-wealth it selfe which is compounded only of ciuill power is not a part and member of the Church of Christ which is compounded onely of spirituall and not ciuill or temporall authoritie as Cardinall Bellarmine himselfe confesseth m Contra Barc c. 12. p. 137 in Schulck pag. 203. And therefore it doeth not follow by the same reason as my Aduersarie heere affirmeth that the supreame head of the Church of Christ may dispose of whatsoeuer belongeth to the ciuill common-wealth because the supreame Prince of the ciuill common-wealth may dispose of whatsoeuer belongeth to all other inferiour ciuill Societies And whereas hee supposeth that to dispose of whatsoeuer belongeth to the ciuill common-wealth may bee absolutely necessarie for the conseruation of the Church is a meere fiction and idle supposition of his owne braine and although it were so necessarie yet it should not belong to spirituall Pastours who haue no ciuill power but to Christian Princes to dispose thereof as I haue shewed aboue And as for the comparison of the soule and body which all my Aduersaries doe so often inculcate I haue also shewed before n Part. 2. c. 8. most cleerely that it is no fit similitude to proue their purpose but maketh flat against them both because the temporall and spirituall common-wealth doe not make one totall body or compound in that manner as the body and soule doe make one man and also because albeit the soule may command the body to punish it selfe yet shee her selfe cannot punish the body without the helpe and concurrance of the body it selfe and therefore neither can the Church of Christ inflict temporall punishments without the helpe and concurrance of the temporall common-wealth 56 But now Mr. Fitzherbert will make forsooth all the matter more cleare And all this saith he o p. 103. nu 16 will bee yet more cleare if wee consider the weake reason that Widdrington giueth of his conceipt to prooue that the supreame spirituall power cannot punish temporally Wid. in Admon ad Lect. nu 17. For thus hee saith Atque ita recta ratio dictat vt superior quicunque c. And so right or true reason teacheth that euery Superior may punish his inferiour with some penaltie that is proportionate to his authority but that any other besides him that is supreame Gouernor of the ciuill cōmon-wealth may punish his inferiour with the paine or punishment of death or maiming or of the depriuatiō of all his goods this cannot be deduced from the rule or prescript of true reason Thus saith hee But to omit to speake of bloodie punishments by death or maiming which are neuer vsed by the Church and therefore are idly mentioned heere by my Aduersarie it is to bee noted that in the rest hee contradicteth not onely the ancient and common practise of the Church yea the holy Scriptures as I shall shew p Iufra nu 18.19.20 Item cap. 7.9.10.11 12. per totum after a while but also his owne grant and concession 57 If the prudent Reader had not sufficiently seene before the extreame vanitie palpable ignorance and irreligious conscience of this my Aduersarie hee might easily conceiue me to bee a very bad ignorant and inconsiderate man for contradicting as hee saith not onely the ancient and common practise of the Church yea and the holy Scriptures but also my owne graunt and concession but such bragging and slanderous words are as you haue often seene frequent in this mans mouth First therefore those words of mine Atque ita recta ratio dictat c. And so true reason teacheth c. were not brought by me as a reason but as a conclusion of that I saide before concerning the authoritie of Superiours to punish their subiects or inferiours with some kinde of punishments proportionate to their Coerciue power 58 Secondly it is vntrue that bloodie punishments by death or maiming are idly mentioned heere by mee seeing that hee himselfe in the former paragraph did affirme that the head of the Church may by way not only of commandement but also of punishment dispose of whatsoeuer belongeth to the Ciuill Common-wealth and consequently both of goods and bodies whereof no doubt the ciuill common-wealth may dispose and in the second Chapter also hee expresly taught that the Pope hauing power ouer my soule and being withall the supreame Gouernour of the whole Church hath also power ouer my life albeit with the liues of Princes it being an odious question hee will not meddle and a little after hee affirmeth that the Pope hath power ouer the temporall goods states and bodies of all Christians and consequently according to his doctrine also of all Christian Kings and Princes Why then doth he now say that bloodie punishments by death or maiming are idly mentioned heere by mee when I affirme that none but the supreame ciuill Superiour hath power to punish his subiect or inferiour with the punishment of death maiming or depriuation of goods But marke I pray you his goodly reason because forsooth bloodie punishments by death or maiming are neuer vsed by the Church whereas the question betwixt vs was not whether the Church doeth actually vse bloodie punishments for of this I spake not one word in this place albeit Pope Adrian did ordaine in the Canon law q In cap. Delatori 5. q. 6. that the tongues of some malefactours should bee pulled out and the
cauilleth at the similitude for that saith he as there is not the same reason of the flesh and spirit of the body and soule of sense and reason of earth and heauen of Beasts and Angels of the sheepe and the Pastour especially in the comparing of the subiection and dominion so truely there is not the same reason of the temporall and spirituall power 101 But who seeth not what a friuolous cauill this is Who knoweth not that the body and the soule sense and reason earth and heauen Beasts and Angels Kings and Popes doe agree and are like in somethings and that in those things wherein they agree they may be compared together What man of iudgement would disprooue him that should say that as the body is an imperfect substance and is referred to the soule so the soule is an imperfect substance and is referred to the body as sense is sometimes subiect to reason so reason is sometimes subiect and captiuated by sense as the Pope is head of the Church and of spirituall power so the King is head of the ciuill common-wealth and of ciuill power and to omit that saying of the auncient Glosse f Patricius est Pater Papae in temporalibus sicut Papa est Pater Patricij in spiritualibus which Cardinall Bellarmine with small reuerence to antiquity affirmeth g Bell. contra Barcla c. 13. 16. to be razed out of the Canon law for doting olde age who can iustly mislike the like assertion of the Glosse vpon the twelfth Chapter of S. Marke As the King of France is subiect to the Bishop of Paris in spiritualls and his Lord in temporalls so Christ is the sonne of Dauid according to the flesh and his Lord according to his Dietie What man of learning can deny that although there be not the same reason of Christ and Dauid of the Bishop of Paris and the King of Fraunce of the temporall common-wealth and the spirituall concerning the particular manner of subiection and dominion yet in generall they may agree in this that the one is superiour and subiect to the other in a diuerse kind of superioritie and subiection and that although the King of France be a sheepe and the Bishop of Paris a spirituall Pastour and Dauid bee a man and Christ be God and the spirituall common-wealth be more excellent then the temporall yet they may bee compared one with the other in diuers kindes of superioritie and subiection But in such childish arguments and which are not worth the answering for want of better D. Schulckenius maketh great force 102 Secondly how vntrue it is which this Doctour so boldly affirmeth and which is one of the chiefe pillars whereon his doctrine concerning the Popes power to depose Princes is supported that the temporall power is per so subiect to the spirituall and that the spirituall power or spirituall Pastours are not per accident and by reason of vniust perturbing the publike peace subiect to the temporall power I haue shewed at large in the second part where I haue conuinced that this naturall subiection and subordination of the temporall power to the spirituall except only in perfection and excellencie is a meere fiction and that to affirme as this Doctour doth h Pag. 201. that Bishops are exempted omni iure from the ciuill power is a most false and intollerable doctrine and generally repugnant both to the doctrine of the ancient Fathers expounding that place of the Apostle Omnis anima c. Let euery soule be subiect to higher powers and to the common opinion of the Diuines and also the Iesuites who affirme that Cleargie men are not de facto exempted from the directiue power of temporall Princes and that they are bound to obserue their lawes not only by force of reason but also by force and vertue of the law 103 Now Mr. Fitzherbert in like manner being not able to proue as you haue seene this his fained naturall subordination of the temporall common-wealth to the spirituall except only in perfection worth and excellencie as spirituall things are more excellent then temporall which is nothing to the purpose and denyed by no man and hauing brought not so much as one proofe that the temporall power and spirituall doe make one body but barely and briefly supposeth the same whereas aboue in the second part I haue euidently conuinced the contrarie euen according to Card. Bellarmines owne grounds yet he feareth not to impeach of absurditie and impietie this doctrine which denyeth the aforesaid subordination and vnion thinking belike silly man that his bare I say is sufficient to satisfie the vnderstanding of the iudicious Reader But I let passe saith he i Pag. 108. nu 22. Widdringtons absurd and impious doctrine destroying the naturall subordination of temporall things to spirituall when they are ioyned in one body which I haue amply k Supra num 2. 3. seq proued euen by the law of Nature and I only wish to be obserued that albeit we should grant it to be true as it is most false that spirituall and temporall things may take the nature the one of the other equally by reason of some sinne annexed yet it would follow thereon that the spirituall Superiour may punish euen in temporall things because according to this doctrine temporall things doe become spirituall when the consideration of sinne entereth whereby also they are made proper to the spirituall communitie and consequently may be vsed and applyed by the spirituall Superiour to the punishment of his subiects 104 But first to let passe that Mr. Fitzherbert throughout this whole Treatise hath shewed himselfe to be a very vaine absurd ignorant and fowlemouthed man and that heere he hath proued nothing else by the law of Nature then that spirituall things are to be preferred before temporall things as the more perfect before the lesse perfect the soule before the body religion before policie heauen before earth and God before the world and consequently that the temporall common-wealth is in perfection worth and excellencie but not in authoritie subiect to the spirituall which no man calleth in question why doth he adde out of his owne braine that word equally except only to cauill and to perswade his Reader that I affirmed that spirituall and temporall things may be compared together not only in generall but also in euery point in particular and that betwixt them there is no disparitie at all seeing that I did not vse that word equally but the doctrine which I taught was this that not only temporall things by reason of some sinne annexed may oftentimes take the nature of spirituall things and therefore may be forbidden by the spirituall power of the Church which hath for the obiect of her directiue power vertue and vice in what actions so euer either temporall or spirituall they are to be found and consequently may be punished also by the Church with Ecclesiasticall Censures which only are the obiect of her coerciue or
from the law of nature or nations but in the order of nature from the ciuill or priuate lawes of euery nation as Suarez before affirmed for that as all histories acknowledge in this there was a great variety among all nations Baptist Fulg. lib. 1. as in Aethiopia saith Mr. Fitzherbert where the Priests determined of the life and death of Kings in such sort that when the Priests signified to them that it was Gods will they should die they presently killed themselues 43 But he might haue added if it had pleased him the next words following in Fulgosus whom he citeth in the margent that this custome of theirs did not alwaies continue Diod. Sicul. lib. 3. cap. 1. for it was abolished by King Erganes who liued about the time of Ptolomey King of Egypt who to the end his death should not be foretold him by the Priests hee slew them all and was the first that tooke away that custome Besides neither was this custome obserued among other nations as among the Romans the chiefe Priest or Bishop ought to keepe his hands not onely pure from all bloud but also he ought not to be partaker or priuie to the death of any man insomuch that if any condemned man did flye to him he was freed from death for that day k Alex. lib. 2. geralium dierum cap. 8. Neither did those Priests of Aethiopia properly put their Kings to death by authority but as interpreters of the will of GOD they did declare that it was GODS pleasure they should kill themselues and so this example is little to the purpose 44 Also in Aegypt saith Mr. Fitzherbert none could be a King except he vvere a Priest True it is that the custome of the Aegyptians was Stobaeus se 42. as Stobaeus also affirmeth to create either Priests or vvarlike men their Kings for honour and nobility vvas giuen to vvarlike men for their fortitude and to Priests for their vvisedome But he that vvas chosen out of vvarlike men to be their King vvas foorthwith made a Priest and partaker of philosophy or the study of vvisedome And no doubt but that this was a laudable custome and so much the more for that the King of Aegypt could not iudge Diodor. Sicul. l. 1. c. 6. but according to the lawes and the Kings themselues were subiect to the lawes of their kingdome yet this custome of the Aegyptians was not generall among other nations For although in times past Plutarch in quaest Rom. as Plutarch writeth Kings did the greatest and chiefest part of Sacrifices and they vvith the other Priests did concurre in sacred rites yet after they became to vvax insolent arrogant and cruell the Graecians for the most part taking away from them their Empire left them onely authority to sacrifice to their Gods 45 And the like custome saith my Aduersary vvas also obserued among the Goths whiles they vvere Paynimes That the Goths had this for a continuall custome that none should be their Kings vnlesse they were Priests I haue not read and that it was among them a continuall practise I can hardly beleeue both for that their custome vvas that their Kings should not be learned but among al nations Caelius l. 8. c. 6. the Priests were vsually the most learned of all the people also for that the contrary is signified by Ioannes Magnus in his historie of the Goths who writeth that their Priests werâ— of diuers degrees to wit Pontifices Archiflamines Flamines Salij Augures and that to their chiefe Priests See Procopius Ioan. Magnus in their history of the Goths Olaus l. 3 c. 8. l. 8. c. 15. who were called Pontifices was granted by them equall power with their Kings whose authoritie was so great that whatsoeuer they should either counsell or commaund both the King himselfe and the people did foorthwith wllingly execute as an oracle from heauen And no maruaile if it were so seeing that the reuerence which the Goths did beare to Priests althogh they were of a contrary Religion to them was exceeding great and to be admired insomuch that when they conquered any Citie they did neither violate Temple nor Priests and in the iudgement of all men they were accounted so pious and religious that they would not hurt any one that should flye to the Temples dedicated to God for succour or Sanctuary And when Alaricus King of the Goths otherwise a barbarous and cruell man inuaded Italie in the time of Honorius the Emperour and had subdued Rome before hee would giue leaue to his souldiers to spoyle the City he proclaimed by sound of trumpet that the bodies and goods of those persons Fulgos l. 1. c. 1. who flyed for refuge to the Apostles Church should not be touched and which is more to be admired the souldiers themselues in the very middest of the sacke and spoyle meeting certaine sacred Virgins carrying vpon their heads plate of gold after they were informed that they were consecrated to the Apostles did not extend their hands so much as to touch them Fulosus in the same place 46 And amongst the Gaules saith Mr. Fitzherbert the Druides vvho vvere their Priests had in their hands the chiefe mannage of publike affaires deciding all controuersies and iudging all ciuill and criminall causes Caesar l. 6. de Bello Gallico excommunicating such as vvould not obey them and those that vvere so excommunicated vvere abhorred and detested of all men But this custome of the Gaules proceeded from the priuate and ciuill law of that nation and was not common to all nations as you may see aboue in the Graecians who from their Priests tooke away the temporall gouerment and left them onely authority to sacrifice to their Gods and the great variety which was among nations concerning the authority of their Priests doth euidently conuince the same 47 I haue also signified before l Cap. 6. nu 10 saith Mr. Fitzherbert m Pag. 132. nu 6. vvhat authority and command the chiefe Bishops and Augures had in the Romane Common-wealth aboue the Consulls and temporall Magistrates vvhen consideration of Religion occurred in matters of State Whereupon Valerius Maximus saith Valer. Max. l. 1. c. 1. that the Romane Common-wealth alwaies preferred Religion before all things euen in men of the highest degree dignity and Maiesty and that their Empire did willingly submit it selfe and obey in matters of Religion esteeming that it should in time arriue to the soueraigntie of humane gouernment if it did well and duely obserue the diuine power Thus saith Valerius of the preheminence and soueraigntie of Religion in the Romane Common-wealth And for the time of the Romane Emperours most of them vvere extreame Tyrants and did condemne as vvell all diuine as humane lawes yet all of them seemed to acknowledge the Soueraignty of Religion in that they tooke vpon them the title and dignity of chiefe Bishops because no man should haue any authority ouer them as the
Bishops had ouer the Consulls in the Romane Common-wealth Bapt. Fulgos l. 1. c. 1. and yet neuerthelesse vve read of Alexander Seuerus that he suffered an appellation from himselfe to the Bishops and that they reuersed his sentence vvhen it seemed to them that equitie and iustice required it And heereto may be added vvhat great respect the Emperours of the Turkes and Persians beare at this day to the chiefe Bishop vvho hath power to abrogate any law made by them if it seeme to him to be repugnant to the Alcoron 48 But from these examples or any other such like this onely can be gathered that all nations haue euer preferred Religion and the worship of their Gods before any other temporall thing and that in respect chiefly of Religion they gaue to their Religious Priests whom they appointed to bee their immediate Ministers to offer Sacrifice to their Gods or as certaine messengers or prophets to declare their wills as in Rome were the Augures and Soothsayers certaine temporall honour authority and preheminence greater or lesser according to the custome of euery Nation but it cannot be gathered from hence that this temporall authority which these Religious Priests had to punish any man temporally did proceed from the law of nature or nations as the law of nations is accounted one law but from the municipall lawes of euery nation kingdome or common-wealth as the diuers custome of euery nation touching the temporall authority of their Religious Priests doth cleerely conuince 49 But marke what Mr. Fitzherbert would gather from these examples So that saith hee n Pag. 133. nu 7. by all this it appeareth that howsoeuer all Nations haue differed amongst themselues in particular rites and ceremonies of Religion yet they haue all agreed in this generall principle of nature that there ought to be in all Common-wealths a due subordination and subiection of humane things to diuine of Policy to Religion and of the temporall Magistrate to the spirituall in matters that appertaine any way to Religion Whereupon it followeth that Ius Gentium the law of Nations being grounded vpon the principles of nature cannot patronize or admit an Oath whereby a temporall and Secular Prince shall be exempted in matters that concerne Religion from subiection to his spirituall Pastours and speciall to the supreme Pastour of Christs Church Thus said I in my Supplement concerning the law of Nations vvhereby it appeareth c. 50 No man maketh any doubt but that all Nations haue agreed in this as a principle of nature that there ought to be a due subordination and subiection of humane things to diuine of Policy to Religion and of the temporall Magistrate to the spirituall in matters that appertaine to Religion but in what this due subordination and subiection according to the principles of nature consisteth this is the whole difficulty For if Mr. Fitzherberts meaning be that spirituall things and Religion are more excellent then temporall things and policy and therefore Religion and things belonging thereunto are caeteris paribus to be preferred before things appertaining to ciuill gouernment and that according to the principles of nature it is fit and conuenient that the ciuill common-wealth should for reuerence to Religion giue to Religious Priests some temporall honour authority and prerogatiues and also that Religious Priests should bee honoured and obeyed by all men in those things whereunto the authority which is giuen them either by God himselfe or by the positiue graunt of the ciuill common-wealth doth extend this I willingly graunt to be a principle grounded in nature and naturall reason But if his meaning bee that the ciuill common-wealth is according to the principles of nature and naturall reason subiect and subordinate not onely in dignity and perfection but also in coerciue authority and that the Religious Priests might in the law of nature and according to the knowne principles of naturall reason punish temporally eyther the supreme temporall Prince or any one of the inferiour people this is very vntrue as I haue conuinced before o Cap. 6. nu 35 seq c. 8. nu 40. out of the doctrine of Abulensis and Suarez 51 Wherefore as all the particular power and authoritie which was graunted to Religious Priests in the order of nature before the law of God was written as well in matters concerning Religion as policie did not proceede from the law of nature or of nations among whom there was so great varietie in this point but from the priuate or Ciuill law of euery particular common-wealth to whom the chiefe mannage and disposition of all things as well concerning Religion as Ciuill gouernement did belong so all the particular subordination and subiection especially in coerciue authoritie either of the people or of the Ciuill Magistrate to the Religious Priests as well in matters of Religion as State did wholy proceede from the free grant of the Ciuill common-wealth or the supreme Prince and gouernour thereof Wherevpon it euidently followeth that both the law of nature and nations would haue patronized and admitted an Oath which had beene made before the law of God was written whereby the Ciuill common-wealth or the supreme temporall Prince should haue beene exempted from the temporall punishment of any religious Priest who in all matters as well concerning Religion as policie was subordinate and subiect both to the coerciue and directiue power of the Ciuill Societie or common-wealth and that therefore this Oath now in question concerning the Popes authoritie to depose temporall Princes and to dispose of temporall kingdomes cannot any way be impugned but altogether patronized by the law of nature and nations And by this all that Mr. Fitzherbert hath said in his Supplement concerning the law of nature and nations and that also which heere he addeth for a conclusion is most cleerely satisfied 52 Thus said I in my Supplement saith he p Pap. 133. nu 8. concerning the law of nations vvhereby it appeareth that the said law vvhich is deduced directly from the law of nature teacheth and confirmeth not onely the supreme dignitie of Religion in the Common-wealth but also the subordination and subiection of the temporall state to the Religious euen in temporall matters that touch Religion and that the custome and municipall law of the Romanes ordaining the same in their Common-wealth vvas most conforme to the lawe of nature being deduced directly from the knowne principles thereof which by the light of naturall reasoâ—n vvere manifest to the Philosophers and vvise law-makers amongst the Paynims and therefore vvhereas Widdrington ascribeth the preheminence of Religion in the Common wealth of the Romans to a municipall law denying it vvithall to proceede from the law of nature vvhich vvas the ground of that law he speaketh as problably as if he should ascribe an effect vvholy to the second cause and denie it to proceede from the first So as it is euident that he hath answered as vnprobably and imperfectly to my arguments drawne
same Kingdome or Common-wealth and also that it may be truly presumed that they doe release the same if they choose or admit confirme and allow likewise an infidell or hereticke to bee their King For if the hereticall or infidell Kingdome hath true ciuill power dominion and iurisdiction why shall not likewise the hereticall or infidell Prince whom they shall choose or confirme be capable of the same ciuill power dominion and iurisdiction So that this pact couenant and agreement which is pretended to be made betwixt the predecessours of an hereticall Prince and his people can bee no sufficient cause and ground to make an hereticall Prince who is chosen or confirmed by an hereticall Kingdome to fall from his Royall dignity and be ipso facto depriued thereof for the confirming and establishing of that heresie which that Kingdome doth professe 25 Wherefore concerning the deposition of hereticall Princes as the state of this question is propounded by the Cardinall of Peron many particular questions are inuolued The first may be whether a Prince hauing either himselfe or his predecessours made an oath to liue and die in the Catholicke faith and doe afterwards fall to open profession of heresie and seeke to force his subiects consciences to doe the same is fallen thereby forthwith before any declaration of the Pope or Church from his Royall right and dignity and his subiects are absolued or freed ipso facto from the ciuill and sacred bond of their temporall allegiance and the affirmatiue part which Philopater teacheth and affirmeth to be certaine and vndoubted I account to be a very false scandalous seditious yea and flat traiterous doctrine The second question may be supposing this damnable doctrine to be true touching the cause and ground why such an hereticall Prince doth fall ipso facto from his Royall dignity to wit whether the breaking of the oath which he or his predecessours made to liue and die in the Catholike faith or his open profession of heresie or forcing of his subiects to doe the same whether I say all these or some of them together may be necessary or else any one of them bee sufficient that an hereticall Prince bee ipso facto depriued of his princely power and authority 26 The third question may be supposing still this false doctrine to be true whether the Pope or Church haue authority to declare such a Prince to be an hereticke a breaker of his oath and promise and a persecutor or enemy to Christ and Christian Religion and consequently to be fallen from all his Princely right And of this no doubt can be made supposing the former seeing that to declare authentically what is heresie who is infected therwth is a spiritual action consequently belonging to the authority of the Pope or Church The fourth question may be what effect this declaration of the Pope or Church doth worke seeing that before this declaration the aforesaid hereticall Prince hath lost and is depriued of all his princely authority and whether this declaration of the Pope or Church be necessary when the fact is so notorious and publike that no Subiect in the Realme can make any doubt but that the Prince is become an hereticke hath broken his oath to liue and die in the Catholike faith and doth force his Subiects consciences to follow his heresie And of this question also no great doubt in my opinion can be made supposing the former false doctrine to be true seeing that this declaration doth not depriue the Prince of any right at all but onely serueth to make it knowne and publike that he is depriued thereof and therefore is not greatly necessary when the fact is so publike and manifest to the view of the whole Kingdome that no man can make any doubt thereof 24 The fift question may be that supposing such a Prince doth not fall ipso facto from his Royall dignity neither by his open profession of heresie nor by breach of his oath nor by forcing his Subiects consciences to forsake their Religion whether the whole Kingdome or Common-wealth which the Parliament doth represent hath authority to depriue him of the same or which is all one whether the whole Kingdome or the King be the supreame and absolute temporall Iudge and Superiour And this question doth nothing appertaine to the Oath of England and it is grounded rather vpon the principles of morall Philosophie and Aristotles Politikes then of Diuinitie The last and principall question is whether the Pope or Church hath authority to depriue such a Prince for the aforesaid crimes of his right to raigne really truly to absolue his subiects from the natural bond of their temporall allegiance which being once dissolued the sacred or spirituall bond of the oath of allegiance which is grounded vpon the former ciuill bond and obligation and was made onely to corroborate the same is forthwith vnloosed or whether the Pope or Church hath only authority to declare such a Prince to be an hereticke and an enemy to Catholicke Religion and a breaker of his oath and promise and to command compell by Ecclesiasticall censures the Common-wealth supposing they haue such an authority to depriue him of his Regall power and authority and consequently to discharge euery subiect from the naturall and ciuill bond of his temporall allegiance which being taken away the sacred obligation of the oath without any other absolution dispensation or declaration of the Pope or Church is forthwith dissolued 28 All these questions the Lord Cardinall of Peron doth so cunningly inuolue in his question touching the oath of France that if wee descend to particulars I cannot see either what opinion hee doth follow concerning the deposing of hereticall Princes or how his doctrine impugneth our English oath although he would seeme to disprooue the same which onely denyeth the Popes authority to depriue the Kings Maiestie of his Royall dignity and to absolue his subiects from the ciuill bond of their temporall allegiance and doth not meddle at all with the temporall authority which a Kingdome or Common-wealth hath to depose their Prince 29 Wherefore these words of the Cardinall of Peron affirming that not onely all the other parts of the Catholicke Church Page 15. but likewise all the Doctours that liued in France from the first setting vp of Schooles of Diuinitie amongst them haue held that in the case of hereticall or infidell Princes and such as persecute Christianity or Catholicke Religion their subiects may be absolued from their oath of allegiance And againe Page 63. saith he citing Widdrington in the margent The English writers who haue put their hand to pen for the defence of the Oath made by the present King of England against the Pope hauing vsed all their endeauour to finde some Doctours and in particular French who had held their opinion before these last troubles could hitherto bring forth neuer any one neither Diuine Page 65. nor Lawyer who saith that in case
S. Iohn Baptist 1614. A most humble Child and Seruant of your Holinesse and of the Holy Sea Apostolike The Authour of the Bookes as aforesaid c. 138 THis is the Purgation humble Supplication which I sent to his Holinesse vpon the Decree and commandement of the Lord Cardinals to purge my selfe forthwith which their Decree if all things be duely considered doth rather confirme strengthen then any way condemne disprooue or weaken any particular doctrine contained in my bookes For can a man with reason imagine that those most Illustrious Cardinalls would not for their honour sake and for satisfaction of the Christian world haue expressed some bad doctrine contained in my bookes but haue forbidden them in such generall words without expressing any one proposition which is in them repugnant to faith or good manners and after such an vnvsuall manner haue commaunded me to purge my selfe foorthwith and that vnder paine of Ecclesiasticall Censures without declaring any crime either in particular or in generall whereof I should purge my selfe if the could haue named any one proposition which they could haue cleerely maintained to be repugnant to the Catholike faith or Christian manners especially seeing that my Theologicall Disputatation as I haue shewed aboue in my Purgation was onely an humble Petition to his Holinesse and a sincere propounding to his Fatherly consideration the great and many difficulties which by occasion of his Breues condemning the Oath as containing in it many things flat contrary to faith and saluation did vexe trouble and perplexe the soules and consciences of his poore afflicted Catholikes earnestly requesting him and in regard of his Pastorall office as it were coniuring him that he would be pleased to satisfie their difficulties and to make knowne to them any one thing in the Oath of those many which by his Breues he had declared to be cleerely repugnant to faith and saluation 139 Now to say as some Priests heere with vs to excuse this strange proceeding of his Holinesse and the Cardinalls doe very indiscreetly and vnlearnedly affirme that it is against the Maiestie of the Court of Rome to giue English Catholikes particular satisfaction in these points and that they must obey with blind obedience and without any further examining of the matter whatsoeuer his Holinesse and the Cardinalls of the Inquisition doe decree and command although it be in preiudice to themselues and to their temporall Prince and State it is alas rather to be pittied then answered For no man of learning or iudgement can make any doubt but that if a spirituall Superiour or Prelate of what dignitie or preheminence soeuer hee bee shall command or forbid any thing which is dangerous to Religion to the Common-wealth or to a third person as all the world seeth the forbidding of English Catholikes to take the new Oath of Allegiance to be heere in England thus dangerous and the subiect is doubtfull whether his prohibition or commandement bee lawfull or proceedeth from lawfull and vndoubted authoritie or no hee is not bound foorthwith to obey but hee may without any note of disobedience propound humbly to his Superiour or Prelate the reasons of his doubt and the causes which mooue him to thinke assuredly that his Superiour or Prelate was misled either by false information or by his owne fallible opinion in imposing such a dangerous command and the Superiour or Prelate and much more if he be the Supreme Pastour of our soules is bound by his Pastorall office to feed all the sheepe of Christs flocke with the word of doctrine and instruction in things necessary to saluation when they shall humbly and earnestly desire to be therein instructed by him to whom the charge of their soules is principally committed by Christ our Sauiour in those words spoken to S. Peter Pasce agos meos Pasce oues meas Feed my lambes Feede my sheepe 140 Seeing therefore that wee haue diuers times most humbly and earnestly requested his Holinesse being the Supreme Pastour of our soules to make knowne to vs any one thing of those many which he in his Breues hath onely in generall words declared to be flat contrary to faith and saluation or any one proposition contained in my bookes which is repugnant to faith or good manners protesting with all sinceritie to purge and retract forthwith whatsoeuer is to be purged and retracted and haue also propounded vnto him most humbly the reasons of our doubts and why we are perswaded that he hath heerein beene misled and drawne to this course either by his owne fallible opinion or by the bad information of Cardinall Bellarmine and his other Diuines most instantly requesting to be satisfied herein and as yet cannot receiue from him any satisfaction at all And which also is very considerable seeing that I haue since that time made knowne to his Holinesse and to all the world by publike writings the manifest slaunders which Cardinall Bellarmine masked vnder the name of Doctour Schulckenius and who also in that Congregation of Cardinals deputed for the examining of bookes is one of the chiefest men and which is more strange both my principall Aduersary Accuser and Iudge hath very falsly imposed vpon me and how shamefully he hath corrupted my words and meaning to prooue me an heretike disguised vnder the faire colourable name of a Catholike and to impeach my doctrine of errour and heresie And besides the discouery of these shamefull calumnies for the which I demaunded iustice at his Holinesse hands I haue also made an other Supplication to his Holinesse most humbly requesting him either to declare vnto vs what one thing in the Oath is repugnant to faith and saluation and what one proposition in my bookes is contrary to faith or good manners or else to cause that Decree of the Cardinalls against my bookes to be reuersed and to account me and other Catholikes not to be disobedient children to the Sea Apostolike for not admitting his Breues which are grounded either vpon such an opinion which no Catholike is bound to follow or vpon the false information of Cardinall Bellarmine and his other Diuines or rather vpon both And considering also that not onely neither Cardinall Bellarmine hath for his credit sake cleared himselfe as yet of those fowle aspersions and crimes wherewith I haue charged him nor his Holinesse hath as yet vouchsafed to giue any fatherly instruction or satisfaction in these our important difficulties and necessarie requests but also the said Cardinalls haue after their former manner condemned that my Supplication onely in generall words without taking notice of the slaunders which Cardinall Bellarmine did falsly impose vpon me or expressing any one proposition contained in that Supplication or in any other my bookes contrary to Catholike doctrine or Christian manners as in that Supplication I desired to know All which things being considered I leaue good Catholike Reader to thy prudent consideration whether this strange proceeding of theirs be not an euident signe to any indifferent man that they can find no one thing in the Oath which is repugnant to faith or saluation nor any one proposition in my bookes contrarie to faith or good manners and that in they haue entred into such an exorbitant vncharitable and iniurious course and also drawne his Holinesse thereunto wherein with their honours they can hardly goe forward and yet rather then they will seeme to goe backeward and acknowledge freely that by the aduise of Cardinall Bellarmine and other Diuines of Rome they haue beene deceiued they will still goe on and care not to haue innocent Catholikes by their vniust proceedings to be accounted heretikes or disobedient children to the Sea Apostolike which in the end will turne to their great shame and dishonour and in the meane time cannot be but very scandalous to Catholike Religion very dishonourable to the Popes Holinesse and themselues very iniurious to English Catholikes and very burdensome to their owne consciences which so many dangers I beseech Almighty God with all my heart that he will inspire them to preuent in time and before it be to late So that it were farre better for the credit of my Aduersaries and of their cause and for the honour of the Sea Apostolike not to vrge any more the Popes Breues against the Oath or the Cardinalls Decree against my bookes but to bury them with perpetuall obliuion vnlesse his Holinesse and the Lord Cardinals of the Inquisition will descend to some particular points which with their reputation and honour they are able to maintaine The same submission * What reasons the State may haue to permit such submissions see aboue in this Chapter from num 110. which I made heretofore of all my writings to the Censure of the Catholike Romane Church I doe heere repeate againe FINIS Errata Page Line Errours Corrected 9 25 euen euer 30 8 soule soules 55 35 with them with him 108 34 the 70. Iudges the Iudges 116 28 Galgatha Galgala 131 1 make may make 144 19 presenting representing 155 36 of Princes of the Princes 170 14 shall beneath shall see beneath 200 31 was grace was not grace 200 36 reigne Ionathan reigne of Ionathan 250 43 nature naturall 286 29 not of malice not malice 286 37 amongst our amongst others our 287 8 pertienent impertinent 330 4 exercied exercised 330 7 as that as at that 347 7 Lawes Lawyers 372 25 selfe who would selfe would 389 17 or for 394 13 no nor 396 2 deserueth both in deserueth in 408 27 vpon to vpon him to 411 37 valued valid 418 37 of of his 435 19 Canonica Canonici 442 3 confuted confirmed 450 19 both them both of them 469 21 for that the for the 477 20 to belieued to be belieued 505 17 lilence licence 508 2 comfort confront 509 27 vncertaine certaine 515 42 dogmatike dogmatize 542 41 Decrees Decree 565 2 propound propounded 572 26 running cunning 576 32 altogeth altogether 584 12 included concluded 585 7 them then 591 15 meat means 591 23 despose depose 596 26 artificall artificiall 596 28 aimeth at in aimeth in 630 19 nud and 636 11 Dhctours Doctours
derogate from the power and authoritie of their temporall Prince As for example if a head of a family should bind his wife and children to defend him from the correction of his lawfull Prince when occasion should require I thinke no man will be so absurd to say that it is a lawfull Oath and correspondent to nature though the same should be coloured and shadowed neuer so much with pretence of Oeconomicall and filiall discipline and dutie And no more can the other Oath be lawfull and agreeable to Nature though it be neuer so much coloured with respect of temporall allegiance 17 But first obserue I pray you the egregious shufling of this man For he pretended to prooue in this Chapter by the law of Nature that the Pope hath power to inflict temporall punishments and to punish temporall Princes temporally and that therefore the new Oath which denieth this power to be in the Pope is repugnant to the law of nature And therefore I expected that he would haue brought some effectual argument taken from the law of nature abstracting frō the positiue law of God to confirme this power of the Pope to inflict temporall punishments and to punish temporall Princes temporally and consequently that this Oath is by the law of Nature preiudiciall to the coerciue authoritie of spirituall Pastours But now he flyeth from the law of Nature to the law of God to prooue that the Oath is preiudiciall to the power and iurisdiction of the head of the Church and supposing that he hath proued this by the law of GOD then it followeth saith he that the said Oath is no lesse vnlawfull vniust and repugnant to Nature then if a husband should exact of his wife a maiester of his seruant a father of his children an Oath which should derogate from the power and authoritie of their temporall Prince So that Mr. Fitzherbert doth only conclude heere that the Oath is vnlawfull vniust and repugnant to Nature supposing that it is by the law of God preiudiciall to the power and iurisdiction of the head of the Church 18 Secondly therefore although we should suppose heere with Mr. Fitzherbert that this new Oath is repugnant to the law of God as in very deede it is not yet he cannot therefore rightly conclude that it is also repugnant to the law of Nature which he in this Chapter pretendeth to proue for that euery transgression of the positiue law or institution of almighty God is vnlawfull and yet not repugnant to the law of Nature whereupon the Diuines doe deuide the law of God into the diuine naturall and the diuine positiue law and he that should deny that the spirituall Pastours of the Church of Christ haue authoritie to remit sinnes should contradict the law of God in the new Testament and so this deniall of Priestly authoritie to forgiue sinnes is repugnant to the law of God and preiudiciall to the power and iurisdiction of spirituall Pastours and yet it doth not from thence follow that it is repugnant to the law of Nature which is naturally grafted in the hearts of euery man whether hee be Iew or Gentile infidell or Christian as the law of Nature is by my Aduersaries taken heere Wherefore Mr. Fitzherbert concluding heere that the Oath is repugnant to the law of Nature for that it is preiudiciall to the power and iuridiction giuen by the law of Christ to the head of the Church seemeth not to vnderstand himselfe what is the law of Nature and how the law of Nature is distinguished from the positiue law of God But of this law of Nature more beneath e Num. 90. ◠seq and in the next chap. where also you shall see the reason wherefore the obedience in generall which a wife oweth to her husband a seruant to his Maister and children to their parents is not properly naturall but ciuill and yet the obedience in generall which subiects owe to their temporall Prince is not only called ciuill but also naturall allegiance 19 But thirdly it is not true that this Oath now in question is repugnant to the law of God and preiudiciall to the power and iurisdiction of the head of the Church for that it denyeth the Popes power to depose Soueraine Princes and to inflict temporall punishments neither hath Mr. Fitzherbert prooued by the law of God that the Pope hath any such power as you haue seene at large in the former Chapter and to say that this Oath is repugnant to the law of nature taking the law of nature as it is distinguished from the positiue law of God or man and is nothing else then the dictamen or prescript of true reason concerning things to be done which either supposeth diuine reuelation and the supernaturall light of faith and is proper onely to true beleeuers and it is called by the Diuines the supernaturall law of nature supernaturall I say to man but connaturall to grace and faith which it supposeth or else supposeth onely naturall knowledge and is common to all men indued with naturall reason and is called properly and absolutely the naturall law for that it is connaturall to euery reasonable man is very vntrue as partly I haue shewed in the former Chapter where I haue answered all my Aduersaries arguments grounded vpon diuine reuelation and partly in this and the two next ensuing Chapters I will more cleerely conuince Now let vs goe on with the rest of his Discourse 20 For as no reason sayth he f Pag. 97. nu 7. 8. of Oeconomie or filiall or coniugall duetie holdeth when it is encountred with the respect of the weale publike or of due obedience to a lawfull Soueraigne So neither can any reason of common-wealth or allegiance to temporall Princes ouerweigh when the same is ballanced with the publike good of the Church of Christ whereto all temporall Princes doe owe more respect duety and subiection euen by the law of Nature then their Vassals and subiects owe to them because the Religion or Ecclesiasticall Societie which is the Church is as I haue said the supreme and most worthie Societie of all other on earth In which respect also all Societies inferiour to the Common-wealth yea euery member thereof haue more obligation owe more dutie to the Church which is the highest Societie then to the Common-wealth or any other whereto they are immediately subordinate as it may also be obserued in humane actions which tend finally to Religion as to their last ende for euery humane action ought to be more specially directed to Religion that is to say to the worship and seruice of God then to any other inferiour action whereto it may haue a more immediate relation 21 In which respect the Philosophers themselues being guided by the law of Nature and light of reason placed the end not onely of mens actions but also of euery man and of the Common-wealth it selfe in Religion because as Plato Plato in Timaeo in Epinomide and all the
Platonists reach man being made to the Image of God and capeable of the knowledge of him was principally ordained to worship and serue him and therefore for as much as neither one man alone can sufficiently performe the woorship of God which is due to him from all mankinde neither yet many men together if they should liue without Lawes See Marsil Ficin in argun Dial. 1. Plat. de Rep. and Magistrates for multitude without order would breed confusion therefore Nature hath inclined men to ciuill Societie that is to say to liue in common-wealths to the end that many men liuing together in communitie may the better discharge their duty to God in yeelding him the due worship and seruice that all mankinde oweth him Whereby the Philosophers euidently saw that the common-wealth was not onely necessary to the perfection of Religion but also naturally ordained and referred thereto as to the end thereof I meane not the next and immediate end of the common-wealth which is temporall tranquillitie commoditie and sufficiency but the last end whereto all temporall commodities are referred Whereupon two consequents follow directly c. 22 But what is all this I pray you to the purpose Who maketh any doubt that the publike spirituall good of the Church is to bee preferred before the publike temporall good of any temporall common-wealth and that the Church of Christ is the highest Societie in worth dignitie and excellencie of all other on earth and that euery Christian man oweth more dutie to the Church of Christ as being the highest and most excellent Societie to which hee is immediately subiect in spiritualls then vnto any other ciuill common-wealth to which he is immediately subiect in temporalls and that euery humane action ought to be more specially directed and referred to the worship and seruice of God then to any other inferiour action whereto it may haue a more immediate relation and finally that the Philosophers themselues as Plato and the Platonists guided by the law of Nature or light of naturall reason thought that man was principally ordained to worship and serue God and therefore placed the ende not onely of mens actions but also of euery man and of the common-wealth it selfe in Religion or the seruice and worship of God and that Nature hath inclined men to liue in ciuill Societie to the end that many men liuing together orderly and guided by Lawes and Magistrates may the better discharge their dutie to God in yeelding him due worship and seruice that all mankinde oweth him All this is conforme to the doctrine which I maintaine and prooueth that the Religious Societie is more noble excellent and woorthy then the ciuill or temporall Societie and that in spiritualls it hath supreme authoritie but it doth not prooue that the Religious Societie is superiour in temporall authoritie to the temporall common-wealth or that it hath authoritie to depose temporall Princes or to inflict temporall but onely spirituall punishments 23 Neuerthelesse I would desire the Reader to obserue some things concerning this Discourse of my Aduersary The first is concerning filiall dutie and the same may be proportionally applied to coniugall For as I obserued else where g In Append. contra Suar. part 1. sec 8. num 12. there be two bonds or obligations wherein children stand bound to their parents the one is natural and proceedeth from the law of Nature whereby children are bound to honour and reuerence their parents and this bond no humane power can take away or release neither can this dutifull respect which children by the law of Nature owe to their parents at any time encounter with any obedience which is due to temporall Princes The other Ciuill which dependeth vpon the positiue lawes of temporall Princes whereby Parents are made Tutors guardians and gouernours of their children and this power which Parents haue ouer their children is greater or lesser according to the lawes and customes of euery kingdome and as it dependeth wholly vpon the ciuill power so it may bee increased diminished or quite taken away by the supreme ciuill power and this ciuill duty or obedience which children owe to their Parents doth not hold when it encountreth with the respect dutie or obedience which they owe to their supreme temporall Prince 24 The second is that temporall allegiance or obedience which is due to temporall Princes if wee will speake properly can neuer encounter with that spirituall obedience which is due to spirituall Pastours For if a temporall Prince doth commaund any thing which is against the seruice or worship due to God and consequently against Religion to obey him in this case is not temporall allegiance for that the Prince hath not authoritie to command any such thing and where there is no authority to command there is no obedience due because according to the doctrine of all Diuines obligation to obey and authoritie to command are correlatiues and doe depend one vpon the other and therefore true temporall allegiance can neuer encounter with true spirituall obedience and bee preiudiciall thereto nor contrariwise 25 The third is that although some Heathen Philosophers by the light of naturall reason did euidently see that the worship and seruice of God as hee is the Authour and end of Nature and of all naturall things is to be preferred before any temporall tranquillitie of commoditie and that therefore euery man both Prince and subiect by the light of naturall reason ought to referre all their actions to the honour and seruice of God and to that happines which according to naturall reason doth follow the worship and seruice of God and is the last end of man although not the last end of all humane actions yet no Heathen Philosopher by the light of naturall reason did or could see that the temporall common-wealth it selfe formally and in abstracto as it consisteth of temporall power is per se intrinsecally or naturally ordained or referred but only per accidens and by the intention of man to that happinesse which is the end of Religion and followeth the worship and seruice of God although man himselfe in whom temporall power doth reside ought by the light of nature ordaine and referre the vse of his temporall power and all his other actions to that blisse happinesse and felicitie which is the last end of man and the immediate end of the worship and seruice of God But of this I haue treated more at large aboue in the Second part where I haue answered all the arguments which Cardinall Bellarmine and D. Schulckenius haue brought to prooue that the temporall power it selfe among Christians is per se and intrinsecally and not only by the intention of man ordained and referred to euerlasting happinesse 26 Now you shall see what Mr. Fitzherbert concludeth from his former Discourse Whereupon saith he h pag. 99. nu 9. seq two consequents follow directly according to Philosophie the one that Religion is farre more noble and worthie then the
authoritie and command ouer the Pewterers and I haue shewed a little before most euidently that in the law of Nature the Ciuill common-wealth had the whole charge and command of all things as well belonging to Religion as to State and that the Priests or publike Ministers of religious rites were instituted ordained changed depriued commanded and punished by the ciuill Common-wealth vpon whom euen in all matters belonging to Religion and the publike worship of God they wholy depended and therefore no maruaile that from this vaine and friuolous supposition of the naturall subordination and subiection of the temporall Common-wealth to the spirituall often affirmed by Mr. Fitzherbert but neuer proued by him by any one probable argument none but vaine and friuolous collections can be gathered 50 Secondly I haue also sufficiently shewed that there is not the like case betwixt the supreme ciuill Magistrate and the heads of Families and Cities and betwixt the head of the Church and the supreme Magistrate of the ciuill Common-wealth as my Aduersarie heere vntruly affirmeth for that not only those persons who are the heads of Families and Cities but also the Families and Cities themselues are parts and members of the whole ciuill Common-wealth and therefore in all ciuill matters to be directed commanded and temporally corrected by the supreme ciuill Magistrate but the temporall Common-wealth it selfe or the temporal Prince as he hath temporal power or in meere temporall matters is not a part member of the Church or spirituall kingdome of Christ but onely as hee hath spirituall subiection and therefore onely in spiritualls and in such which are reduced to the nature of spiritualls hee is to be directed and commanded and to be spiritually not temporally corrected by the supreme spirituall Pastour And so indeed it is conforme to the law of nature that is it is not repugnant to naturall reason but it is fit decent and conuenient although not necessary that the chiefe Religious Priest should haue authoritie graunted him either by the ciuill common-wealth as it was in the law of nature or by the positiue institution and law of God as it was in the law written to punish the transgressours of religious rites with some kinde of punishments but that the law of nature did giue no authoritie at all to those who were appointed to be publike Ministers of religious rites to commaund or punish at all the ciuill common-wealth or Soueraigne Prince thereof vpon whom both in spiritual and ciuill matters they wholly depended is altogether repugnant to naturall reason 51 But Widdrington himselfe saith Mr. Fitzherbert k Pag. 102. nu 14. doth not deny but that I haue prooued thus much effectually so farre foorth as concerneth a power to command and a spirituall manner of punishment seeing that hee saith as you haue heard in the beginning of the last Chapter that I haue effectually prooued nothing else by the diuine or naturall law but that the temporall power is subiect to the spirituall in spirituall things and in temporall as they are reduced to spirituall so farre forth as concerneth commandement and a spirituall not a temporall manner of punishment So he 52 But although I doe willingly grant that he hath sufficiently prooued by the law of God that the Church of Christ and the sprituall Pastours thereof haue authoritie granted them by the positiue institution and law of God to command in spirituall things and in temporall as they are reduced to spirituall all Christians both Princes and subiects being parts and members of the Church and to punish them with spirituall punishments if they shall contemne his iust command yet my meaning was neuer to affirme that he hath effectually proued either that there is any naturall subiection and subordination of the temporall common-wealth to the head of the Church of Christ except onely in dignitie and perfection or that the law of nature abstracting from the positiue institution and law of Christ hath granted to spirituall Pastours authority to punish or commaund absolute Princes for that all the authority which spirituall Pastours now haue doth either proceed from the positiue institution and law of Christ or from the graunt of Christian Princes and not from the law of nature Wherefore from these wordes of mine which hee hath related this onely can be concluded that he hath effectually prooued by the law of God or nature that the temporall power is subiect to the spirituall in spirituall things and spirituall punishments and that he hath proued nothing else For by what rules of Logicke can my Aduersary inferre that because I grant that he hath effectually proued by the law of God or nature that the temporall power is subiect to the spirituall c. Therefore I must grant that hee hath effectually proued by the law of God and nature that the temporall power is subiect to the spirituall c. sith that euery Logician knoweth that to make an absolute disiunctiue proposition to bee true it sufficeth that one part of the disiunction bee true and therefore to make that proposition of mine to bee true that he hath effectually proued by the law of God or nature that the temporall power is subiect to the spirituall c. it is sufficient that hee hath prooued by the law of God that the temporall power is subiect to the spirituall in spirituall things and in temporall as they are reduced to spirituall so farre foorth as concerneth commandement and a spirituall not temporall manner of punishment for by the law of nature he hath prooued no such thing nor brought any one probable argument to prooue the same 53 But let vs goe on with his Discourse Whereby it appeareth saith he l Pag. 102. nu 15. that the onely question now betwixt vs is whether the supreme spirituall Superiour may punish temporally according to the law of nature whereof truely there can be no doubt if we consider the ground and substance of my former Discourse proouing a subordination of all Societies and communities to the Church for thereupon it followeth that the head thereof may by way either of commaundement or punishment dispose of whatsoeuer belongeth to all the inferiour Societies when it shall be absolutely necessarie for the conseruation of the Church by the same reason that the Superiour Magistrate or Prince of the ciuill Societie or common wealth may dispose in like case and to like purpose of whatsoeuer belongeth to all the Societies which are inferiour to the common-wealth or as the soule commandeth Chap 2. per totum or punisheth the body in whatsoeuer is dependent thereon or accessorie thereto as I haue prooued before in the second Chapter 54 But this as you see is only a repetition of his former idle Discourse and therefore it needeth no other answere then that which I gaue before where first I haue shewed that the supreame spirituall superiour of the Church of Christ cannot punish temporally according to the law of Nature and that there
it will not be amisse to set downe the substance of that I answered to Cardinall Bellarmines second argument which is the same in effect with that of Fa. Parsons and also to examine what D. Schulckenius replieth to the same To prooue therefore that the Church hath power to dispose of temporall things and to inflict temporall punishments Cardinall Bellarmine bringeth this argument Bel. l. 5. de Rom. Pont. c. 7. The Ecclesiasticall common-wealth ought to be perfect and sufficient for it selfe in order to her end for such are all well established Common-wealths therefore shee ought to haue all power necessary to the attaining of her end but power to vse and to dispose of temporalls is necessary to the spirituall end because otherwise wicked Princes might without punishment fauour heretickes and ouerthrow religion therefore she hath also this power 20 To this argument I answered in my Apologie a Nu. 176. 177. seq first by distinguishing that equiuocall proposition The Ecclesiastical Common-wealth ought to be perfect and to haue all power sufficient and necessary to the attaining of her end which is the eternall saluation of soules For first the sense of that proposition may bee that the Church hath such a sufficient power to obtaine her end which is the saluation of soules that she can actually bring all soules to Paradise and can take away all the obstacles and lets which can any wise hinder the saluation of soules which sense those wordes of Cardinall Bellarmine b In Resp ad Tract Gersonii de valid Excom in consid 11. may haue which affirme that the Pope can effect all that which is necessary to bring soules to Paradise and that he can remoue all the impedements which the world or the Deuill withall their forces and sleights can oppose And this sense is plainly false and very well impugned by Paulus Venetus in his Italian Apologie c Fol. 57. colâ—â—n 2. both for that the Pope hath no sufficient meanes to saue an infant in the mothers wombe whom she cannot bring foorth aliue because it is not lawfull to cut the mothers wombe that the childe may be baptized or to saue him who being in mortall sinne is fallen mad vntill he returne to his wits againe which neuerthelesse is not in the Popes power Also the Pope hath no power ouer the internall motions of the minde which are very necessary to saluation Also for that there should neither bee Turkes nor Infidels nor Heretickes nor so much as euill Christians without the Popes great fault if hee could effect all that which is necessarie to bring soules to Paradise and could remooue all those things which doe hinder the obtaining of eternal saluation 21 Now concerning this first part of the distinction D. Schulckenius doth not deny that the aforesaid proposition The Ecclesiasticall common-wealth ought to bee perfect c. is in this sense false but hee denieth that Cardinall Bellarmine vnderstood it in this sense and he only reprehendeth me for omitting to set downe what Cardinall Bellarmine answered to the obiections of Paulus Venetus I answere saith he d Cap. 8. ad nu 177. p. 350. My Aduersarie Widdrington had done well if when hee related Paulus Venetus his arguments and vnnecessarie subtilties hee had also adioyned Cardinall Bellarmines answere For so both hee had done the Reader a pleasure and also had eased vs of the paines to answere But it is well that Paulus Venetus his arguments are not such that we must labour much to answere them For that which Bellarmine said that the Pope can effect all that which is necessarie to bring soules to Paradise and can remoue all the impediments c. is to be vnderstood in this sense that the Popes power is not limited or restrained as it is in men of inferiour Orders but it is most ample and most great and therefore the whole and full Ecclesiasticall power to giue Sacraments Indulgences Benefices to make lawes Decrees Canons to dispense in Oathes lawes vowes to examine iudge punish and that in euery Diocesse Prouince Kingdome It is to be added that these things are to be vnderstood for as much as concerneth the Popes part and in a matter fit to receiue his action And therefore no maruaile if the Pope cannot bring to saluation soules obstinate in heresie or in sinnes especially internall For it is their owne fault not the Popes seeing that he doth apply remedies of themselues effectual if they themselues would admit them So also it is no meruaile if the Pope cannot apply a remedy to an infant being in danger in the mothers wombe because such an infant is not capable of the Popes helpe And the same reason is of a man who when he hath committed a mortall sinne falleth madde c. 22 But first although when I published my Apologie I had seene Cardinall Bellarmines Reply to Paulus Venetus as I did not and therefore could not set downe what the Cardinal answered to his obiection yet I must then also haue affirmed as also I doe now that whatsoeuer Cardinall Bellarmines meaning was yet his words are so generall and without any limitation or declaration that they may very well be vnderstood in the aforesaide sense The Pope saith hee can effect all that which is necessary to bring soules to Paradise and can remooue all the impediments which the world and the Deuill with all their forces and sleights can oppose Seeing therefore that the Diuell can by his power cast a man being in mortall sinne into phrencie by which he is hindered from attaining to eternall saluation and can hinder an infant from being baptized by causing the mother not to deliuer it aliue and also can cause sundry inward motions in the soule of man and because Cardinall Bellarmines words are so generall and without any limitation or declaration The Pope saith he can remooue all the impediments to saluation which the Deuill with all his force and sleight can oppose it is plaine that they may very well bee so vnderstood that the Pope can also remooue the aforesaid impediments for that those impediments are included in all impediments as a particular in a vniuersall and therefore to take away all occasion of errour it was not vnnecessary to declare in what sense those wordes being so generall might bee true or false 23 Besides although the Popes power bee not so limitted and restrained as it is in men of inferiour Orders but it is most ample most great and full in a certaine measure and degree yet this Doctour cannot be ignorant that there is a great controuersie among learned Catholikes concerning the amplitude greatnesse and fulnesse of the Popes power as well in spirituals as in temporals For the Canonists doe hold that he hath formally properly and directly both temporall and spirituall power and that he is not onely a supreme spirituall Pastour but also a temporall Monarch but this Doctour with some other Diuines doe maintaine that he hath formally
earthly things to heauenly men to Angels and the like and that therefore when there are two things concurring and commanded to bee done whereof the one concerneth religion the othe pollicie the one spirituall things the other temporall the one concerneth the soule the other the body wee must preferre caeteris paribus that which concerneth religion before that which concerneth pollicie and that which concerneth spirituall things before that which concerneth temporall and that which concerneth the soule before that which concerneth the body and this the light of true naturall reason doeth teach vs. 8 But what of all this will hee conclude from hence that because Religious Priests are in perfection and nobilitie superiour to temporall Princes by the same reason that policie is in perfection inferiour to Religion therefore the light of naturall reason doeth teach vs that Religious Priests may punish temporally temporall Princes and are superiour to them in temporall authoritie This is a very vicious consequence and by the like argument wee may conclude that because Angels are superiour to men in perfection and excellencie of substance knowledge and naturall strength therefore they are also superiour to men in authoritie and commaund and that men are bound by force of obedience to doe what the Angells shall prescribe which no Diuine will grant vnlesse they bee sent by GOD as his messengers and ministers And likewise wee may conclude that hee who hath one of the liberall sciences is by the law of nature superiour in authoritie to euery trades man by the same reason that things lesse perfect are inferiour to the more perfect and euery seruile trade is subiect and inferiour in perfection to euery one of the liberall arts and yet whosoeuer should argue from the law of nature in this manner would bee esteemed to bee in this point no lesse then a very naturall for that from the law of nature the light of naturall reason we can only conclude that in what degree of superiority one thing is superiour to another in the like degree of subiection this is subiect and subordinate to that and that therefore temporall things are subiect to spirituall in dignity and perfection because these are superiour to them herein but to transcend from one kind of superiority to another and from superiority in perfection dignity to argue a superiority in command and authority or from a superiority in spirituals to argue a superiority in meere temporall things is contrary to the light and prescript of true naturall reason 9 Secondly I did also graunt that all Nations being enlightened by Nature did agree in certaine generall principles touching Religion as concerning the necessity and dignity thereof and that all humane actions ought to be leuelled and directed by the square and rule of Religion and referred thereto as to the end of man although not to the intrinsecall end of the actions themselues as I declared aboue in the second part whereupon doth necessarily follow a subordination and subiection of temporall things to spirituall also of the ciuill Society to the religious in dignity and perfection But it doth not follow from the law of nature or the light of naturall reason that the religious Society as it is distinguished from the ciuill should haue power and authority to command and much lesse to punish especially with temporall punishments the ciuill Societie And the reason hereof I alleaged in that place out of the doctrine of Abulensis b Cap. 6. nu 35. 10 Because euery man liuing according to the law of nature and the light of naturall reason may be considered either as liuing by himselfe alone or else as liuing with other men in ciuill Society If hee bee considered as liuing by himselfe alone what power soeuer hee hath either concerning temporals or spirituals concerning his body or soule is in himselfe alone so that he hath neither power to command or punish but himselfe alone and in this manner euery man is a Priest and by the law of nature hath authority to worship God and to sacrifice to him in all places and at all times and with all kinde of Sacrifices which the prescript of true reason doth not teach to be vnlawfull for that the law of nature or the light of naturall reason doth not limit or determine to a man as liuing by himselfe alone any certaine time place or maner of worshipping God and doing sacrifice to him But if a man be considered as hee is a part and member of some ciuill Societie or Common-wealth then no priuate man but the Common-wealth it selfe or the supreame Gouernour thereof hath by the law of nature and prescript of naturall reason all authority to command dispose ordaine and punish as well concerning religious as ciuill affaires So that in this manner the Common-wealth it selfe or the supreame Gouernour thereof is the publike Priest and none hath authority to offer Sacrifice to God or to worship him in any publike manner and as a publike person but the Common-wealth it selfe or those whom in her place she shall appoint neither can any priuate or particular man haue any publike authority to command ordaine or punish for matters belonging to the worshipping of God but that which the ciuill Common-wealth is pleased to grant him 11 Wherefore there is a great difference as I noted in that place betwixt the Priests and the Religious Society in the law of nature before any positiue law of God was published and the Priests and religious Society in the olde and new Testament For in the law of nature there were not two distinct and independent Societies the one Religious the other Ciuill but the ciuill Society had all power and authority to command and dispose as well concerning the publike seruice of God as concerning ciuill gouernment neither did the law of nature determine or appoint any certaine men who should be Priests and should haue full authority to commaund and dispose of those things which belonged to the publike seruice of God but this authority was in the Common-wealth it selfe which appointed certaine men to be the publike ministers as well concerning the publike worshipping of God with religious rites and ceremonies as concerning the ciuill gouernment of the Common-wealth neither had these publike ministers any more authority or command then the Common-wealth did giue them so that it was in the power of the Common-wealth to extend diminish or quite take away the power authority command and priuiledges which by her authority were granted vnto them But since the positiue law of God was written the religious and ciuill Societie are two totall and independent Common-wealths neither hath the ciuill Common-wealth or the supreame Gouernours thereof any authority to determine matters concerning religion and the publike seruice of Almighty God for that hee himselfe hath appointed those that shall be publike Ministers in matters belonging to Religion to wit in the olde Testament the sonnes of Aaron and who by naturall propagation should
descend from him and in the new Testament his Apostles and who by lawfull ordination shall descend from them and what spirituall authority these Ministers haue they doe not receiue from the ciuill Common-wealth but from God himselfe 12 Whereupon it is euident that we cannot gather what authority and priuiledges the Priests either of the olde Testament had or of the new Testament haue from the law of nature for that all the authoritie and priuiledges which the Priests in the law of nature had did wholly depend vpon the ciuill Common-wealth by whose authority those Priests and Ministers of religious rites and ceremonies were made but what authority either to cōmand or to punish either Lay-men or Clergie-men the Priests of the olde Testament had and of the new Testament haue we can onely gather from the positiue institution and graunt of God who hath giuen and determined their authority and not from the law of nature wherein the Priests were subiect to the ciuill Common-wealth and had all their authority from the Common-wealth it selfe And by this which I haue now said here and more at large declared in the sixt Chapter is fully satisfied all that Mr. Fitzherbert hath said aboue and repeateth heere out of his Supplement concerning the law of nature in these words 13 First then saith hee c Pag. 130. nu 5. it is to be considered that humane law is commonly diuided into Ius Gentium Ius Ciuile and Ius Ecclesiasticum vel Canonicum the law of Nations the Ciuill law and the Canon or Ecclesiasticall law And as for the law of Nations which is a humane law so easily and directly deduced from the very principles of Nature that all Nations doe receiue and admit it it is manifest c. But before wee goe any farther it will not be amisse to obserue the difference which the learnedst Diuines of this age doe make betwixt the law of Nations and Nature for vnlesse wee know and agree what the law of Nations is we shall dispute thereof to little purpose First therefore Mr. Fitzherbert by those words which is a humane law so easily and directly deduced from the very principles of Nature that all Nations doe receiue and admit it doth seeme to signifie that onely the knowne morall principles or generall maximes of Nature or naturall reason doe belong to the law of Nature and the conclusions which are easily and directly deduced from them doe belong to the law of Nations which doctrine neuerthelesse all the Diuines of this age euen of his owne Societie doe commonly reiect Vasq 1 a. 2 ae disp 154. cap. 3 Salas Disp 5. de Leg. sec 5. Suarez l. 2. de Leg. c. 7. as you may see in Vasquez Salas Suarez who doe therefore affirme that the law of Nature doth comprehend not onely all morall principles but also all conclusions which are easily and directly or by an euident and necessary consequence deduced from those principles of Nature 14 For all morall things which are knowne by naturall reason are either the first generall principles of manners as virtue is to be embraced vice to be shunned Doe not that to another which thou wilt not haue done to thy selfe and these without all doubt doe belong to the law of Nature or else they are principles not so generall but yet euidently knowne of themselues as Iustice is to be kept God is to be worshipped Parents are to be honoured and such like and these also without all question doe appertaine to the law of Nature or thirdly they are conclusions which are euidently deduced from the morall principles of nature and cannot be knowne but by discourse among which some are knowne more easily as adultery murther periury and such like to bee euill some are not so easily knowne but to know them there is required a greater discourse as simple fornication to be of it owne nature euill vsury to bee vniust an officious lye not to be lawfull for any cause whatsoeuer and such like And all these and other morall conclusions of what degree soeuer so that they bee deduced as conclusions from the morall principles of nature by a certaine and euident consequence doe also according to the common doctrine of Diuines belong to the law of Nature I said by a certaine and euident consequence for as well obserueth Salas Salas tract 14. disp 5. sec 5. as conclusions which are euidently deduced from morall principles and doe binde without any positiue law doe euidently containe the law of nature so those conclusions which are probably deduced doe containe it porbably and are lawes of nature not certaine but probable in which if in very deede falshood bee affirmed they are not the lawes of nature truely and in very deed but apparantly for that an erroneous conscience is not truely a law 15 The reason why not onely morall principles but also the conclusions which are deduced from them doe belong to the law of nature and not of nations as the law of nations is a positiue and humane law is both for that all actions which by the light of naturall reason abstracting from all positiue precepts of God or man are knowne to be euill and for that cause are forbidden by the law of God or man because they are euill of themselues although they had neuer beene forbidden by any such positiue law doe belong to the law of nature and also for that otherwise the morall precepts of the Decalogue and others contained in them as the precept forbidding simple fornication vsurie and to be reuenged of ones enemy by his owne priuate authority and such like should not belong to the law of nature because none of those precepts are generall principles but conclusions deduced by discourse from them nay nor to honour and woorship God should belong to the law of nature for that it is not knowne but by discourse that there is a God 16 And by this the Reader may easily perceiue that Mr. Fitzherbert in defining the law of nations to be a humane law which is so easily and directly deduced from the very principles of Nature that all Natitions doe receiue and admit it doth not onely dissent from all the learned Diuines euen of his owne Societie but hee must also vnlesse hee will maintaine strange paradoxes plainly contradict himselfe For first if the law of nations bee so easily and directly deduced from the very principles of nature that all nations doe receiue and admit it it cannot be a humane law which hath it force and obligation to binde onely from the constitution of men but it must haue it force and obligation to binde from the very principles of nature and consequently it must be reduced to the law of nature and not of nations Besides euery humane law is therefore a positiue and humane law not onely for that it is receiued and admitted by men but also for that it is made by men and hath it force to binde onely by the positiue
may be conceiued as not repugnant yet morally it is not possible for that this law being so neere to the law of nature and so conuenient according to naturall reason it is scarse possible that all Nations or the greatest part should agree to the abrogation thereof Neuerthelesse in another manner any one Communitie may command that among themselues onely such or such a law of nations be not kept and this manner is possible and morall And so the law of nations concerning the bondage of captiues taken in a iust warre is changed among Christians by an ancient custome of Chrstians which is as it were a speciall law of Christian nations and also by an expresse Imperiall law of Iustinian the Emperour Cod. de Episcopis Clericis leg Deo auxilium 29 Lastly Suarez distinguisheth the law of nations from the Ciuill law first in this that the law of nations is not written but is introduced by vse and custome wherein it differeth from the law of nature which although it be not written yet it is grounded in nature and not onely in custome but the Ciuill law is both written and not written Secondly that the law of nations is introduced by the vse and custome of all nations or almost all for it is sufficient to the law of nations according to Saint Isidore cited before g Nu. 25. that all nations or almost all nations well gouerned doe vse the same but the Ciuill law although it may also be introduced by custome yet it is introduced by the custome of one or few nations and bindeth onely them Thirdly that the Ciuill law may be altered wholly but the law of nations cannot speaking morally be altered wholly but onely in part which is not to be vnderstood of the whole collection of all the precepts of both lawes for so neither of them can morally be wholly changed because it is morally impossible to alter all the ciuill precepts in any one kingdome but it is to be vnderstood of euery singular precept which may easily be changed and abrogated throughout the whole kingdome but no one precept of the law of nations can throughout all nations bee abrogated although some nation doe not obserue it This is the opinion of Suarez concerning the difference betwixt the law of nature of nations and the Ciuill law 30 But although as well obserueth Salas this question is for the greatest part rather verball and of wordes then reall and of the thing it selfe for that all doe agree in this that whatsoeuer is forbidden by the law of nature is of it selfe euill and what is forbidden by the positiue law of men whether it bee of one nation of many or of all is not euill of it selfe but made euill by that positiue law and prohibition Neuerthelesse concerning that distinction which Suarez and Salas doe make of all nations or the greatest part as they are taken ioyntly and make one Societie or Common-wealth of mankind and of all nations as they are taken seuerally each one by themselues I haue one chiefe difficultie for in my opinion this distinction of theirs is meerely imagined and inuented without any good and sufficient ground because although all Nations doe make one Societie or common-wealth of mankind as they are referred to GOD the inuisible King and Gouernour of all mankind yet as they are referred to their visible Gouernours on earth they doe not make one but diuers totall Ciuill Societies Kingdomes or Common-wealths and consequently the lawes made by them are really diuers and not one law and so the law of nations is not truely and formally one law but diuers lawes obserued or by expresse or vertuall couenant agreed vpon by all or the greatest part of nations and it cannot bee called one law except by aggregation as all or the greatest part of nations as they are referred to their visible Gouernours on earth cannot bee properly and formally but onely by aggregation bee called one Ciuill Societie kingdome or Common-wealth as many stones laide together are by aggregation called one heape of stones no more then England France and Spaine be called one kingdome or parts of one totall kingdome compounded of them three or the lawes commanding or forbidding the same thing made or by couenant agreed vpon by these three kingdomes bee called one singular law 31 From whence it followeth first that the law of nations as it is a positiue humane law is not formally one singular law but many Ciuill lawes of diuers nations together although it may bee called one law of nations for that it commandeth and forbiddeth one and the selfe same thing Secondly that the Christian nation as it is referred to the visible Gouernours thereof is not properly and formally one Ciuill Societie Nation Kingdome or Common-wealth but many temporall Kingdomes professing the same Christian Religion although as it is referred to the supreame spirituall Pastour thereof it bee truely properly and formally one spirituall Societie Kingdome Church and mysticall body of Christ Thirdly that the law of nations as it is a positiue law may bee changed and wholly abrogated by any particular Kingdome or Common-wealth for as much as it concerneth onely that kingdome or Common-wealth because that law as it is in that kingdome or Common-wealth is intrinsecally to speake so a Ciuill law and hath not force by vertue of the law to bind the subiects of that kingdome or Common-wealth but as it was enacted and receiued by the Gouernors and subiects of that kingdome or common-wealth Neuerthelesse by vertue of some expresse or tacite pact couenant or agreement which properly is no law for that a law requireth a superioritie in the maker therof ouer the persons who are bound to obserue that law which superioritie a couenant doth not require made betwixt diuers kingdomes it may binde also the subiects of other kingdomes in which respect the law of nations for as much as it concerneth diuers kingdomes cannot be repealed and abrogated without the consent of both kingdomes because pacts and couenants may not be broken without the consent of all parties but if both parties doe agree it is lawfull not to obserue that couenant for as much as it concerneth onely themselues And so the custome of receiuing Ambassadours in time of hostilitie vnder the law or rather couenant of immunitie which is saide to bee brought in by the law of nations may be abrogated by the mutuall consent of two kingdomes for as much as concerneth themselues although other kingdomes will not for their parts agree thereunto And for the same reason any other lawe of nations as it is a pure positiue law may bee repealed by the consent and agreement of those kingdomes whom it doeth concerne although other nations will still obserue the same And this may suffice concerning the difference betwixt the law of nature of nations and the Ciuill law Now to Mr. Fitzherberts discourse 32 And as for the law of Nations saith hee h pa. 130. nu 5.
which is a humane law so easily and directly deduced from the very principles of nature that all nations doe receiue and admit it it is manifest that it cannot dissent from those infallible grounds which I haue laid alreadie as well out of the law of Nature as out of the law of GOD especially seeing that there is nothing wherein all Nations doe more vniformely agree by the very instinct of Nature then that all temporall things are inferiour to spirituall things and subordinate thereto whereupon it necessarily followeth c. But what grounds either infallible or fallible Mr. Fitzherbert hath alreadie laid as well out of the law of nature as out of the law of GOD you haue alreadie seene Neither doth any man make any doubt but that this is an infallible ground wherein all nations by the very instinct of nature doe vniformely agree that as all spirituall things are superiour to all temporall things in dignitie worth and excellencie in generall so all temporall things are inferiour and subordinate to spirituall things in the same degree of subiection and subordination wherein spirituall things are superiour to them for no man can bee so foolish as to imagine that temporall things must be subiect to spirituall things in any other degree or kind of subiection or subordination then wherein spirituall things are superiour to them 33 Marke now what Mr. Fitzherbert would conclude from this infallible ground Whereupon it necessarily followeth saith he that all the temporall states of temporall Princes are subordinate to the Church and to the head thereof and to bee disposed by him when the good of the Church shall so require as I haue amply declared But fye for shame that Mr. Fitzherbert who is accounted a man of great iudgement though of small learning should make so childish and improbable a consequence and withall to esteeme it a necessarie inference For what man of iudgement would argue thus All temporall things are inferiour subiect and subordinate to spirituall things to wit in worth dignitie and excellencie therefore the Pope hath power to dispose of all temporall things when the good of the Church shall so require But my Aduersaries vsuall custome is to darken and confound the Readers vnderstanding with a mist of cloudie and ambiguous words which being once dissolued and taken away the plaine and perspicuous trueth will presently appeare For as concerning his antecedent proposition which is that all temporall things are inferiour to spirituall things and subordinate thereto first if his meaning be that all temporall things are inferiour and subordinate to all spirituall things in euery kind of subiection this is apparantly false for that all spirituall things are not capeable of all kind of superioritie seeing that onely spirituall persons or substances and not spirituall accidents are capable of spirituall authoritie or iurisdiction which consisteth in a power to commaund to punish or to dispose of something 34 Secondly if his meaning be that all temporall things are inferiour and subordinate to all spirituall things in some kind of subiection this is very true for as all spirituall things in that they are spirituall are more excellent and of a more noble more perfect and of a superiour and higher degree or order then is any temporall thing so all temporall things as they are temporall are inferiour and subordinate in nobilitie perfection and excellencie to all spirituall things But from a superioritie in perfection worth and nobilitie to conclude a superioritie of another kind to wit in authoritie iurisdiction or power to dispose thereon is transcendere de genere ad genus to transcend from one kind to another which manner of arguing euery Schoole-boy knoweth to bee vicious as thus Angels both good and bad are superiour to men in substance knowledge might and other natural perfections but to conclude from hence that therefore Angels are superiour to men in authoritie or Iurisdiction and that therefore men are inferiour and subiect therein to Angels and are bound to obey them as their lawfull Superiours vnlesse they bee sent as messengers from God which the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth import and which as Saint Gregory saith S. Greg. hom 34. in Euang a. is a word of office not of nature were a very fallacious kinde of arguing Also all seruile trades are inferiour subiect and subordinate to all liberall arts and sciences to wit in woorth perfection and nobilitie and this all trades-men will acknowledge but they would smile at him that should conclude from thence that therefore all they that are endued with any liberall art or science may command and punish all trades-men and dispose of what they haue when the good of the liberall arts or sciences shall so require 35 But thirdly if Mr. Fitzherbert in his antecedent proposition by spirituall things doeth not vnderstand all spirituall things but only spirituall persons who by their office haue charge of Religion and of all spirituall things appertaining to Religion and that all temporall things are by the instinct of nature and the light of naturall reason subiect and subordinate to spirituall persons in such sort that they may bee disposed of by them when the good of Religion shall so require then indeede supposing this antecedant proposition to bee true it doeth necessarily follow that the Pope hath power to dispose of all temporall things in order to spirituall good But then hee supposeth that which he should prooue and which I euer denyed for as I haue amply shewed before by the law of nature the ciuill Common-wealth it selfe and the supreame Gouernours thereof had supreame authoritie to dispose of all things as well concerning Religion as State and policie Neither did the Religious Societie and the ciuill Common-wealth in the law of nature make two totall and independent bodies Societies or Common-wealths as they doe now in the new Law wherein the temporall Prince or the Ciuill Common-wealth haue not to dispose of spirituall and religious affaires as they did in the law of nature and according to the custome of all nations and therefore it cannot bee prooued either by the law of nature or of nations that the Pope hath power to dispose of the bodies States or temporall goods of temporall Princes but contrariwise standing in the law of nature the Ciuill Common-wealth had supreame power and authoritie to dispose of the bodies and goods of Religious Priests and of all things belonging to Religion and the publike seruice of God 36 Wherefore to little purpose are those words which Mr. Fitzherbert next adioyneth And therefore Vlpian the Lawyer saith hee affirming that Ius Gentium the Law of Nations is that which is common onely to men putteth for example Religio erga Deum Religion towards God giuing to vnderstand that all Nations and people doe agree in nothing more then that due honour is to bee giuen to Almightie GOD which is not done when any thing is preferred before his seruice or when temporall things
Pope the doubts and difficulties which his commandement hath brought to his perplexed conscience desire him yea and charge him in regard of his Fatherly care and Pastorall office that he will vouchsafe to teach him and instruct him in what manner hee may quiet his minde and take away those difficulties which his commandement hath brought to his troubled conscience 18 Whereupon it is a common doctrine among Diuines that when a Superiour or Prelate commandeth any thing whereof the subiect hath a probable doubt whether it bee lawfull or no hee is not bound forthwith to obey And this is also conforme to the rule and instruction which Pope Alexander the third giueth to the Archbishop of Rauenna and it is recorded in the Canon law among the Popes Decretals Si quando aliqua tuae fraternitati c. If at any time Cap. si quando de Rescriptis saith the Pope we direct any thing to thy brotherhoode which doth seeme to exasperate thy mind thou oughtest not to be troubled c Considering dâ—ligently the quality of the matter for which we write vnto thee either reuerently fulfill our commaundement or by thy letters shew a reasonable cause wherefore thou mayest not fulfill it for wee will suffer patiently if thou doe not that which was suggested vnto vs by bad insinuation or information And among others Dominicus Sotus writeth thus Sot de detegen secret memb 3. q. 2. in Resp ad primum Prelates and Iudges are not in possession in respect of their subiects vnlesse for as much as they command lawfull things and therefore when it is doubtfully whether they commaund a lawfull thing then if it be in preiudice of a third person because that third person is also in possession of his fame goods the subiect must incline to that part where there is the lesse danger Neither are Prelates who command nothing whereby is feared any danger to Religion or the Common-wealth or to a third person bound to render a reason but simply they must bee obeyed also in doubts as it hath beene said before because then there is no danger if it be presumed that the Iudge commandeth iustly But when such a danger to Relegion or to the Common-wealth or to a third person is at hand then if the Subiect doubt he doth not against obedience if he require of his Prelate a reason of his commandement propounding humbly the reason of his doubt 19 And that this is our very case in refusing to obey his Holinesse Breues forbidding Catholikes to take the new Oath of allegiance by which prohibition such great preiudice to Religion to the Common-wealth to his Maiestie and to all his Catholike Subiects is like to arise and in humbly propounding to his Holinesse the reasons of our doubts any man of iudgement may plainely perceiue And if his Holinesse hauing taken vpon him the charge and office of the Supreame spirituall Pastour and thereby is bound by the expresse commaundement of Christ to feede without exception all the sheepe of Christ his flocke that is not onely to punish correct and threaten them but also to teach and instruct them in the Catholike faith and in all things necessary to saluation especially when vpon vrgent cause they require it at his hands if he will not vouchsafe to instruct the soules of vs poore English Catholikes who by his Breues haue beene so greatly troubled and perplexed and declare vnto vs some one of those many things which he saith are in the Oath manifestly repugnant to faith and saluation we hauing by priuate and publike letters and petitions so often so instantly and so reuerently demanded it at his hands but instead of instruction to send threatnings Censures and prohibitions of our humble Supplications to be instructed by him whereby our credit and good name is taken away by the vncharitable courses of some violent men what great an account both his Holinesse and his Counsellers herein haue to render at the day of iudgement to Christ our Sauiour the supreame Pastour and Iudge of all I tremble to consider and I pray Almighty God with all my heart that both his Holinesse and they of his Counsell may more duely consider thereof before it be to late 20 Thus thou hast seene the two reasons and answeres which I brought why any Catholike man may lawfully and without any irreuerence or vndutifull respect to his Holinesse not obey his declaratiue precept contained in his Breues now you shall see with what fraud and ignorance my vnlearned Aduersary hauing fraudulently concealed the first reason and answere whereon I did chiefly rely cauilleth against the second and lesse principall reason or answere and taxeth mee of irreuerence and want of respect to his Holinesse for saying that his Holinesse was by all likelihood misinformed of the true sense of the Oath by Cardinall Bellarmine and other Diuines of Rome and consequently deceiued and abused by them 21 For can any man saith M. Fitzherbert k Pa. 212. nu 2. with reason perswade himselfe that in such an important matter as is this of the Oath so famous or rather to say truely so infamous throughout Christendome so preiudiciall to the Romane Sea so dangerous and burdensome to the consciences of English Catholikes and so pernicious to their temporall states as the world knoweth it to be can any man I say with reason imagine that his Holinesse did not at the very first before hee published his first Breue see the Oath it selfe maturely weigh and ponder it yea and sufficiently informe himselfe of all circumstances necessary to the publication of his Apostolicall and iudiciall sentence this truely cannot be imagined of his Holinesse by any charitable Catholike 22 But first to retort this friuolous argument of my vnlearned Aduersarie vpon Cardinal Bellarmine and his booke published against the Oath can any man with reason perswade himselfe that in such an important matter as is this of the Oath so famous throughout Christendome and which so much concernech the Romane Sea the Soueraigntie of temporall Princes the consciences and temporall states of English Catholikes and their obedience due to God and Caesar as the world knoweth that it doth can any man I say with reason imagine that Cardinall Bellarmine so learned woorthy and reuerent a man did not at the very first before he published his booke against his Maiesties Apologie for the Oath see the Oath it selfe maturely weigh and ponder it yea and sufficiently informe himselfe of all circumstances necessary to the publication of his booke and yet it is euident as his Maiestie also hath conuinced that Cardinall Bellarmine did not rightly informe himselfe of the whole matter and of the true sense of some clauses of the Oath and was deceiued and abused English Catholikes in affirming so boldly that the Popes power to inflict Censures and to excommunicate his Maiestie is denied by those words of the Oath notwithstanding any sentence of Excommunication c. which any
no Catholike is bound to admit his Holinesse Breues forbidding Catholikes to take the Oath and to obey his declaratiue commandement contained therein for the reasons signified before which I humbly propounded to his Holinesse desiring him most earnestly as being our chiefe Pastour Teacher and Instructer to giue vs some satisfaction therein yet I cannot therefore in the iudgement of any learned man bee iustly accounted a disobedient childe to his Holinesse seeing that it is euident as I shewed before out of Dominicus Sotus that if a Superiour imposâ— a commandement whereby danger is feared to Religion or to the common-wealth or to a third person as all the world knoweth that the forbidding of the Oath is heere in England preiudiciall to Catholike Religion to his Maiestie and the temporall State and to all his Catholike subiects if the subiect be doubtfull that such a danger will arise he is not bound foorthwith to obey but he may without any disobedience demaund of his Prelate a reason of his commandement propounding humbly the reasons of his doubts 103 Besides Luthers doctrine was within two yeeres condemned not onely in generall words but also his propositions were specified in particular both by Pope Leo himselfe in his particular Bull concerning the same and also by the famous Vniuersities of Paris Louan and Collen But albeit two of my bookes are by a particular decree of the Cardinall forbidden in generall and I commanded vnder paine of Censures to purge my selfe forthwith yet they haue neither expressed any one proposition in particular neither as yet can I get them to name one proposition which is repugnant to faith or good manners although I haue most earnestly requested to know the same protesting from my heart to bee most readie to correct what is to bee corrected to purge what is to bee purged to explaine what is to be explained and to retract what is to bee retracted which their different proceeding against me and Luther doth plainly argue that they haue begun a worke which they cannot with their reputation continue and that there is no such dangerous doctrine contained in my bookes as Cardinall Bellarmine against whom I did chiefly write and who is my accuser Aduersarie and Iudge hath by all likelihood informed them and would gladly to saue his owne credit and that he hath not falsly to his great dishonour accused me and my doctrine of errour heresie and of being no good Catholike would make the world beleeue for which at the day of iudgement hee shall render a strict account And thus you see that this comparison which my indiscreete Aduersarie hath to disgrace me made betwixt me and Luther doth nothing helpe but greatly hurt his cause 104 Now you shall see what a fraudulent and vncharitable obseruation hee gathereth from hence That which I wish saith he z Pag. 121. nu 18. 19. to bee obserued heerein is how little heed is to bee taken to Widdringtons submission of his writings to the Roman Church he should haue saide Catholike Roman Church considering his doctrine and the course he holdeth in the maintaining thereof For as Cicero saide by Epicurus who wrote sometimes very vertuously and thereby deceiued many it is not so much to be considered what hee writeth as what his grounds and principles are and how well his writings agree therewith as for example what opinion he or any other hath or can haue of the authoritie of the Sea Apostolike who purposely impugneth the iurisdiction thereof contradicting as I haue shewed sufficiently in this Reply the ancient and generall practise of the Church the expresse Canons thereof and the Decrees of Popes and Generall Councells vpon an absurd supposition partly of a bare probabilitie in his own doctrine partly of a possibilitie of errour in Decrees touching matters of fact which he is not ashamed to say of the Decree of the famous Oecumenical Councel of Lateran albeit all Catholikes doe vniformely teach that generall Councells lawfully assembled and confirmed by the Pope cannot erre in any generall Decree touching either faith or manners as I haue sufficiently signified before a See chap. 16. nu 11. and 12. Besides that he vseth the very obiections arguments answeres shifts and euasions of heretikes discouering now and then such an arrogant proud and malicious spirit towards the Sea Apostolike that no zealous Catholike can reade him without great disgust and indignation or can take him for any other then an heretike disguised and masked vnder the vizard of a Catholike 105 But to answer the false and fraudulent obseruation or rather shamefull calumniation of this malignant spirit which hee would gladly colour with the luster of a faigned intemperate and Pharisaicall zeale to the Sea Apostolike I may rightly say to him as Saint Paul sayde to Elymas the Magician O plene omnidole omnifallacia Act. 13. c. O full of all guile and of all deceipt c. For to begin with his later wordes I doe not vse any other obiections arguments and answeres then which vertuous and learned Catholikes haued vsed before mee neither doe I discouer any arrogant proude or malicious spirit towards the Sea Apostolike whom I reuerence and respect with all my heart onely the plaine truth which Catholike Doctours haue said before me and which oftentimes breedeth enmitie I doe modestly reuerently and without any flattery which commonly procureth friends â—â—â—downe And this vncharitable and ignorant man might haue done well to haue named some one particular shift or euation which I haue vsed and which onely heretikes and no Catholikes doe vse or wherein I discouer such an arrogant proud and malicious spirit towards the Sea Apostolike that no zealous Catholike can reade it without disgust and indignation or take me for any other than an heretike disguished and masked vnder the vizard of a Catholike But this is a vsuall tricke of slanderers and backbiters to vse such generall speeches lest if they should descend to particulars their malicious and lying spirit would presently bee discouered 106 Secondly this silly man cannot prooue that any one thing either concerning my doctrine and the grounds and principles thereof or concerning the course which I hold in the maintenance thereof doth not agree with the submission I made of my writings to the censure and iudgement of the Catholike Romane Church For I doe not impugne any authoritie or iurisdiction which the Catholike Romane Church acknowledgeth as due to the Sea Apostolike but I impugne onely the Popes authority to depose Princes and to inflict temporall punishment as a thing certaine and necessarily to be belieued or maintained by Catholikes for that the Catholike Church neuer acknowledged this authoritie to be due to him neither was this doctrine in the primitiue Church and for many hundred yeares after by the ancient Fathers so much as dreamed on but it hath been challenged practised by some Popes since the time of P. Gregorie the 7. Res ante ea secula inaudita
the State to take compassion of them and to suffer them to make their innocencie and oppression knowne to the whole world in that manner they should thinke fittest being so infinitely wronged for his Maiesties sake in yeelding him that temporall allegiance which he requireth and they in their consciences thinke to be due to him 116 An other reason may be a willingnesse in his Maiestie and the State to haue plainly discouered to the whole world the different grounds and principles in things concerning obedience due to God and Caesar etwixt Catholikes of quiet disposition and in all other things good subiects and such other Catholikes as in their hearts maintaine the like violent bloody maximes that the Powder-Traytors did and a desire that his Catholike subiects would plainly let him see that in all temporall affaires they would and might lawfully according to the grounds of Catholike Religion adhere to him notwithstanding any authority by which the Pope might pretend to commaund them the contrarie whereby himselfe and his State might bee the better secured from all perturbations which might arise from thence and they also freed from most grieuous penalties which otherwise would bee imposed vpon them 117 And if the Pope should vpon some occasion offered be desirous to know how the Iewes that are borne and liue in his temporall Dominions stand affected towards him in point of their ciuill loyaltie and due obedience and whether they thought that their Chiefe Priest or Synagogue had according to the grounds of their Religion authoritie to absolue them from the bond of their naturall allegiance and for that cause should suffer bookes to be printed vnder the name of Iewes with Epistles dedicatory to their chiefe Priests and submission of the whole to the censure of their Synagogue or if the French King should for some good respects bee desirous to know the like concerning his Protestant subiects and thereupon suffer bookes to be printed vnder the name of Protestants with Epistles dedicatory to their chiefe Ministers and submission of the whole to their Congregation or Synode would not any man thinke it to bee both a manifest slander and childish inference to conclude from hence that eyther the Pope was turned Iew or the King of France become a Protestant for suffering such bookes to be printed in that manner or that therefore they knew the Authours of them meant the same for a meere mockery and derision of their chiefe Priests Ministers or Synodes honouring them as the Iewes did Christ when they kneeled downe and adored him saying Aue Rex Iudaeorum and spitting in his face And yet these are the manifest arguments which this vncharitable and ignorant fellow obiecteth against me to proue me an heretike disguised and masked vnder the vizard of a Catholike 118 An other Argument of the like kind vrgeth against mean other as foule a mouth'd and vncharitable Aduersarie of mine to wit that my bookes are printed without license and approbation of Catholike Superiours contrary to the decrees of the Lateran Councell vnder Pope Leo the tenth and also of the Councell of Trent But besides that this is more then this man doth know or can sufficiently prooue it is well knowne that neither that Lateran Councell nor the Councell of Trent were euer authentically receiued heere in England whereupon clandestine marriage which by a decree of the Councell of Trent is made inualide is heere in England euen among Catholikes accounted a true and valid marriage Moreouer it is well knowne that according to the doctrine of many learned Diuines which I haue related else where c In Disp Theol. cap. 10. sec 2. nu 41. Ecclesiasticall lawes doe not binde when there is danger of some great temporall harme by the obseruing of them or when some other necessitie to auoid great scandall or danger to Religion or the temporall common-wealth to know the trueth in a thing necessary to the great temporall or spirituall good or harme of many persons impugned by craft and violence and to defend himselfe and his credite from the slaunderous reports of vncharitable Aduersaries and such like necessities which are commanded or permitted by the law of God and nature all which may by any man of iudgement be applyed to the bookes written by me 119 Besides that saith Mr. Fitzherbert d Pag. 222. nu 20. and 21. their Lordships know full well that Widdrington shall more easily instill his pernicious doctrine into the mindes of Catholikes vnder the pretence and name of a Catholike of a friend and of a brother of theirs then if hee should discouer himself to bee a Protestant and enemy of their cause for as the Poet saith Tuta frequensque via est per amici fallere nomen Tuta frequensque licet sit via crimen habet Which one translated very aptly thus It is a safe and common way by friendship to deceiue Though safe common be the way t' is knauery by your leaue S. Ambrose saith Nihil periculosius his haereticis esse potest c. S. Ambros de filij diuvnt c. 1. Nothing can bee more dangerous then those heretikes who with some one word onely as with a drop of poyson doe infect the pure and sincere faith of our Lord and of the Apostolicall tradition But what would he haue said if he had seene this fellowes bookes impugning directly the Sea Apostolike and the whole course of the Ecclesiasticall gouernment vnder a solemne protestation and profession of obedience to the Church would he haue thought any thing more dangerous or pernicious then him and his workes No truely 120 That which his Maiesty and the State might very well know for their secret thoughts and intentions we cannot know but by coniecture was this that Catholikes would hardly beleeue or reade the writings and bookes of Protestants in matters which may be thought to concerne Religion And therefore to the end his Catholike subiects might plainely see and discerne according to the grounds of Catholike Religion the true difference betwixt spirituall obedience due to the Pope and temporall allegiance due to himselfe and the proper acts and obiects of eyther of them and thereby might the more easily be drawn to giue him that temporall allegiance which hee requireth at their hands And that also all other Catholikes of other Countreyes might perceiue the lawfulnesse of the Oath against which the Iesuites especially did so greatly exclaim vpon what doctrin principles his Maiesty grounded the same also that he himselfe might certainly know what particular exceptions his Holinesse would or could take against any clause of the Oath and what one thing in particular therein contained is contrary to faith and saluation as his Holinesse had in generall in his Breues affirmed that many things were therein clerely repugnant thereunto his Maiesty thought it not amisse to suffer my bookes to be printed vnder the name of a Catholike with Epistles dedicatory to the Pope and with submission of the