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

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monstretur The beginning is taken from one and the Primacie is giuen to PETER that one Church and one chaire may be shewed Cypr. ep ad Iubaianū Hier. lib. 2. contra Iouin And in his Epistle to Iubaianus Ecclesia quae vna est super vnum qui Claues accepit voce Domini fundata est The Church which is one is by the voice of our Lord founded vpon one who hath receiued the Keyes And S. HIEROME sayth Inter duodecim vnus eligitur vt capite constituto schismatis tollatur occasio Amongest twelue one is chosen that the Head being appointed the occasion of schisme may be taken away But if we admit euerie King as Head of the Church in his Kingdome we shall not haue one visible Head but manie and those also verie diuers For as Kings claime supremacie in causes Ecclesiasticall because they are supreme Princes for the same reason may the senate in Venice Genua and Geneua challenge the same Authoritie Whence followeth that vnitie in faith and Sacraments vnder so diuers Heads cannot any long time be retained but we should haue as many Religions as Kings and as many diuers and independent Churches and Kingdomes for one King will not depend either for him selfe or his people of an other 12. This diuision we see alreadie proceedeth from these diuers Heads Haue we not seene how Religion in England hath changed with our Kinges since they challenged supremacie of our Church King HENRIE the Eight in the six and twentith yeare of his Raigne in the Parlament holden at VVestminster the third of Nouember 1534. enacted that the King should be reputed the onlie supreme Head in earth of the Church of England and should haue aswel the Title and stile as all honours authorities and commodities belonging thervnto and all power also to redresse all Heresies errours and abuses in the same and the yeare before also the fiftenth of Ianuary the King and Parlament decreed That no Appeales should be made to Rome no Annates or Impositions should be paied to the Bishop of Rome no sutes should be made to him for licēre or dispensation And yet in the Parlam̄et holden at Westminster anno Domini 1554. the first and second yeare of King PHILIP and Queene MARIE obedience was restored to the Church of Rome and all statutes repealed which derogated to the Authoritie and honour of the Sea Apostolick and the Title of the Kings supremacie in causes Ecclesiasticall was reiected After this notwithstanding was the same Authoritie taken againe by Queene ELIZABETH in the Parlament Anno Domini 1558. Anno 1. regni Elizab die 13. Ian. Likewise in the Parlament holden by King HENRIE the Eight in the one and thirtith yeare of his raigne and eight and twentith of April and in the yeare of our Lord 1537. these six Articles were enacted The Six Articles The Reall presence of the true and naturall Bodie and bloud of Christ vnder the formes of bread and wine without the substance of bread and wine 2. That Communion vnder both kindes is not necessarie for the people 3. That Priests cannot marrie after Priesthood 4. That Religious after their vowes cannot marrie 5. That Priuate Masses are according to Gods law and to be allowed 6. That Auricular Confession is expedient and necessarie And yet this statute was qualified and repealed by EDWARD the sixt his sonne and as yet a Child in the yeare of our Lord 1547. 4. Nouemb. and first yeare of his raigne After that againe the self same six Articles were receiued and confirmed in Queene MARIES raigne in the first Parlament an Domini 1553. 24. Octob. and in another an Domini 1554. Likewise King HENRIE the Eight in the Parlament holden the 22. of Ianuary and 34. of his raigne in the yeare of our Lord 1542. condemned Tindals Translation of the Bible and all bookes written against the Blessed Sacrament and forbad the Bible to be redd in English in any Church which statutes were repealed by King EDWARD at VVestminster an 1. Edu 6. Domini 1547. And yet the former statute of King HENRIE was renewed by Queen MARIE in the first yeare of her raigne an Domini 1553. and repealed againe by Queen ELIZABETH in the first yeare of her raigne So that if Kings be heads of the Church and haue supreme Ecclesiasticall Iurisdiction we shall haue as many Religions almost as Kinges And euen as King HBNRIE the Eight after his vsurpation of the supremacie changed his wiues and made his mariages lawfull and vnlawfull his children legitimat and illegitimat at his pleasure and by Authoritie also of the Parlament which durst not gainesaie so euery King shall haue authority to change religion and must be obeyed as the onlie supreme Head in earth of the Church For as King HENRIE the Eight and his young Sonne King EDWARD and his Daughter Queene ELIZABETH challenged Authoritie to redresse errours and correct heresies to giue validitie to all Ecclesiasticall lawes and Synodes as King HENRIE made it Heresie to denie the Reall Presence so another King of England or of another Kingdome may decree the contrarie As King HENRIE forbad Priests to marrie so another King will permit them to marrie As King HENRIE commanded the Bibles to be read and diuine seruice to be sayd and song in Latin so another will like better of the vulgar tongue of his owne Countrie and if you say that the King is tyed to the word of God euerie one of them will say that they follow the word of God hauing the Authoritie to iudge of heresies and consequentlie of the true meaning of the word of God 3. Sixtlie if Princes were Heads of the Church a ridiculous consequence and of which euen the Kinges and Queenes of England haue bene ashamed would follow to wit that they may preach minister Sacramentes excommunicate call Councels and sit as iudges in them c. For if the Prince be supreme head he is also supreme Pastour of the Church of his Kingdome for Head and Pastour in this kind is all one In Tortura Torti And this D. ANDREWES graunteth and prooueth by the example of DAVID to whom the people sayd That God had sayd vnto him Tu pafces populum meum Israel 2. Reg. 5 Thou shalt feede my people of Israel VVheras there only mention is of a Temporall Pastour gouernment and feeding as appeareth by the words following Tu eris Dux super Israel Thou shalt be Captain ouer Israel Gen. 45. And in this sence IOSEPH said Ego te pascam I will feede thee meaning his father IACOB So that if the Prince be Head of the Church he is Pastour but it pertaineth to the office of a Pastour to gouerne his sheepe by lawes to feede them with bread of the word of God Matt. 4. by which the soule liueth and the Sacraments to seuer an infected sheepe from the flocke by excōmunication least it infect the whole and consequentlie if the King be supreme head
as God preuented the Iewes and whereas they by lawe of Nature had permission to choose their Kinges yet for their greater good he chose thē one him selue immediatelie so although by the lawe of Nature men otherwise might haue prescribed the manner of worshipping God and the worship had been lawfull so that it had been the worship of the true God and had been free from superstition yet because God hath ordained vs to a supernaturall end and would haue our Ecclesiasticall gouernment free from all superstition he hath himselfe appointed the manner of gouernment and hath giuen the Authoritie So in the lawe of Moyses he chose the Tribe of LEVI to serue in the Tabernacle and Temple and to menage Ecclesiasticall matters he instituted also sacrifices sacramentes and Ceremonies in like sort in the new lawe of Grace vnder which we liue he committed the gouernment of his Church to the Apostles and Disciples only and their successours he instituted seuen Sacramentes and a sacrifice he gaue vs a lawe and beleefe which first he deliuered by preaching then by the written Ghospelles and Epistles of his Apostles and other thinges he committed to the Church which he had instituted and established 5. So that as there is a Ciuill and Temporall Power residing in the Common wealth by which the Prince or Magistrate can gouerne and rule and cōmaund for the conseruation and promotion of the Temporall good of the same so is there a spirituall and Ecclesiasticall Power residing in the Church by which the Pastours haue Authoritie to preach teach administer Sacraments determine of matters of Religion to call Councelles for the better clearing of matters and enacte lawes which shall be thought expedient vnto the honour of God the spirituall good of the Church and euerie ones saluation And this is called Ecclesiasticall power which is distinct from the Temporall in many pointes 6. First in respect of the end and finall cause for Temporall power of it selfe aymeth only at Temporali Iustice peace and conseruation of the Temporall state of the Kingdome or Common wealth Ecclesiasticall power intendeth in this life the spirituall health of the soule and eternall rest and peace in the next Secondlie these powers haue diuers Actes and seing that powers are distinct by their Actes it followeth that Temporall and Ecclesiasticall or spirituall power are distinct That they haue distinct Actes it is manifest for the Temporall power maketh lawes for this corporall life and Temporalle state but the spirituall and Ecclesiasticall power maketh lawes for the soule and her direction the Temporall power remitteth the paines only of sinnes but the spirituall Power remitteth the sinne it self according to that Ioan. 20 Quorum remiseritis peccata c. VVhose sinnes you shall forgiue c. The Temporall power inflicteth and remitteth only Ciuill and Temporall punishments as imprisonment banishment temporall death but the spirituall power as now it is for in the old law there was not Potestas Clauium excommunicateth suspendeth interdicteth which are spiritual punishments and bonds of the soule and remitteth not only these paines but also eternall death and paine of Hell for when the Priest remitteth mortall sinnes he chaūgeth eternall paine into temporall yea some times when the Penitent cometh with a great contrition he remitteth both Eternall and Temporall Thirdly they differ in their obiectes for the spirituall power disposeth not of Temporall thinges but only as they are necessary to the spirituall The Temporall meddleth not with spirituall nor Ecclesiasticall matters according to that of S. AMBROSE S. Ambr. lib. 5. ep 33. ad Marcel soror Ad Impetatorem Palatia pertinent ad sacerdotem Ecclesiae Publicorum tibi maenium ius commissum est non sacrorum To the Emperour Pallaces appertaine to the Priest Churches to thee Emperour the right of common Walles is committed not of Churches And NICHOLAS Pope in an Epistle to MICHAEL the Emperour Ca. Cum ad verū dist 96. Vide etiā ca. Quoniam d. 10. Nec Imperator iura Pontificum arripuit nec Pontifex nomen Imperatoris vsurpauit quoniam Christus sic actibus propriis dignitatibus distinctis officia potestatis vtriusque discreuit Neither hath the Emperour taken to him the rights of Bishops neither hath the Bishop vsurped the name of the Emperour because Christ hath distinguished the offices of both by their distinct actes and dignities Fourthlie they differ in respect of the subiect and materiall cause for although it be not impossible for these two Powers to consort in the same subiect for we see they did in Melchisedech and in the first begotten of the Iewes in the law of Nature and in the Machabees who were Priests and Princes and consequentlie had temporall and spirituall power yet as in other thinges these powers are distinct so God not only in the law of Grace but also in the law written of Moyses would haue these powers placed in distinct subiectes and Persons 2. Paral● 19. For in the law of Moyses AMARIAS menaged matters of the Church law ZABADIAS gouerned the affaires of the Kingdome the Kinges and Princes of the Iewes were of the Tribe of IVDA the Priests of the Tribe of LEVI and those gouerned onely the Common VVealth enacted Temporall lawes waged battaile c. whereas the Priests ruled it matters of the Tabernacle and Temple offered sacrifice and gouerned the Synagogue And now in the law of Grace Christ gaue all spirituall power to the Apostles and their successours and not to Princes for to the Apostles and their successours it was saied VVhatsoeuer you shall bynd vpon earth Mat. 18. shal be bound in heauen and whatsoeuer you shall losse vpon earth shal be loosed in heauen To Princes it was neuer sayd so To the Apostles and their successours it was sayd Ioan. 20. Whose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained To Princes neuer To S. PETER an Apostle and Priest it was sayed Mat. 16 Thou art Peter and vppon this Rock will I build my Church To no Prince was it euer sayd in that sort To Apostles and Priests Christ sayed Matth. vlt. Goinge therefore teach ye all Nations baptising them in the name of the father the sonne and the holy Ghost To Princes neuer To Apostles and Priests Christ said Ioan. 6. As my liuing father hath sent me so I send you that is to preach to minister Sacramentes and to gouerne the Church Ephes 4. To Princes neuer To the Apostles Doctours Pastours Prophets Christ committed his Church to be gouerned Act. 28. to Princes neuer To Priests S. Paul gaue this admonition Attendite vobis vniuerso gregi in quo vos Spiritus Sanctus posuit Episcopos regere Ecclesiam Dei quam acquisiuit sanguine suo Take heede to your selues and to the whole flocke wherin the holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased
especially by spirituall censures and may cast him out of the Church by excommunication else the Church were inferiour to all politicall bodies yea to a naturall bodie which hath authoritie for its owne preseruation to cutt of a rotten member least it infect the whole and to expell by purgation a malignant humour Neither is there any reason why in this point we should put any difference betwixt the King and another of his owne subiects For althoughe he be superiour in temporall matters to all his subiectes and is to be obeyed of thē yet is he subiect in spirituall matters to the Churches Pastours as much as his meanest subiect 5. And so it is not in the free choise of a Christian though baptized amongst Hereticks when he comes to yeares of discreation as ERASMVS and LVDOVICVS VIVES do absurdly holde to obserue Erasmus paraph. in Mat Ludouic Viues in com l. 1. de ciu Dei cap. 27. or not obserue the Christian law because he is bound to keepe the promise which the Church and his Godfathers made in his name no lesse then Pupills are bound to stand to that which their Tutours haue done in their name and for their profitt and goe he where he will be he of what religion he will he carrieth an indelible Caracter imprinted by Baptisme in hi● soules by which the Church hath authoritie ouer him as ouer a member de iure debito and can commaund him to obserue the Christian law as also punish him if he disobey though he were an Emperour at least by spirituall punishment 6. Secondlie two Princes independent in one communitie would make a confusion vnlesse the one were subiect to the other and to be directed by the other Wherfore Aristotle as aboue I haue alledged saieth that Pluralitas Principatuum nō est bona Arict l. 12. Met. cap. vlt. Pluralitie of Principalities is not good to witt in one communitie and vnlesse one of them be subiect for the one might hinder the other the one might commaund one thinge the other cleane contrarie and so there would arise contention and confusion But the Church and common wealth of Christians is one bodie and Communitie at least materially if not formallie ergo these two Princes to wit the spirituall and temporali must haue some subordination But there is no reason that the Prince should direct and correct the Pastour he being the greater Prince hauing an higher power as it is aboue prooued ergo seing that both Pastour and Prince are of God and what is of God is rightlie ordayned Rom. 13. and with good order it followeth that the Chiefe Pastour must be superiour and must direct and correct the Prince as much as is necessarie to the Churches end and good 7 Thirdlie the chiefe Pastour and sometimes also inferiour Pastours as Bishops haue challenged to themselues as due Authoritie ouer Princes and haue excommunicated and layed spirituail punishements vpon them whome to condemne as vniust vsurpers they being so manie so wise so vpright and many of them holie Saints were meere madnesse ergo the Prince is subiect in spirituall matters yea and temporall matters also when they are necessarie for the Churches good and may be commaunded and punished at least spiritually if he refuse to obey he being in this case the Pastours subiect and inferiour 8. Eus l. 6. hist c. 25 alias 27. Nicephor l. 13. c. 34. Vide Baron an 407. Card. Alan Ausu 1. polibeller Cap. 2. So wee read that FABIAN Pope commaunded PHILIP the first Christian Emperour to take his place amongst the publick Penitentes so INNOCENTIVS the first excommunicated Arcadius the Emperour and Eudoxia the Empresse for persecuting S. Iohn Chrrsostome The excommunication beginneth thus Vox sanguinis fratris mei Iohannis clamat ad Deum contra te ô Imperator sicuti quondam Abel Iusti contra Cain is modis omnibus vindicabitur The voice of the bloud of my brother Iohn Chrysostome cryeth to God against thee as Abels bloud in tymes past did against Cain and it by all meanes shal be reuenged The sentence followeth in these words Zonaras tom 3. Annal. Itaque ego minimus peccator cui Thronus Magni Apostoli Petri creditus est segrego reijcio te illam à perceptione immaculatorum mysteriorum Christi Dei nostri Therfore I the least and a sinner to whom the throne of Greate Peeter is committed do segregate and reiect thee and her Eudoxia from participation of the immaculate mysteries of Christ our God Of which Pope S. HIEROME giueth this commendation S. Hieron epist 8. Illud te pio charitatis affectu praemonendum puto vt S. Innocentij qui Apostolicae Cathedrae supradicti viri Anastasij successor filius est teneas fidem nec peregrinain quantumuis tibi prudens callidaque videaris doctrinam recipias That I thouht out of charitie to admonish thee that thou holde the faith of S. Innocentius who is the successour and sonne of the sea Apostolicke and of Anastasius neither do thou recedue any strange doctrine seeme thou to thy selfe neuer so wise and wittie GREGORIE the second in a Councell at Rome Anno 726. Vide Baron an 729. excommunicated Leo the Emperour surnamed Isauricus and Iconomachus and tooke from him his Gabelles in Italie and the Prouince it selfe Greg. l. 3. ep 5. 10. l. 7. ep 14. Vide Baron an 1076. GREGORIE the seuenth commēded by all but onlie Schismatikes Heretickes for a Saint as he who wrought myracles as well liuing as dead excōmunicated HENRIE the fourth Emperour of that name for many enormities threatening moreouer excommunication to all Princes Kinges Emperours that should vsurpe Inuestitures as the same Emperour had done Also he interdicted the Kingdome of Polonia and excommunicated the King BOLESLAVS for killinge Stanisldus his Bishop at the Altar because like a good Pastour he had before controlled his lust and excommunicated him Platina in vita Innoc. 3● ALEXANDER the third excommunicated Frederick the first and if Henrie the second King of England had not submitted him self he had excommunicated him also as he was sollicited thereunto by Lewis the King of France INNOCENTIVS the third excommunicated Otho the fourth Emperour of that name Cap. ad Apostolicae desēt re Iudic in 6. GREGORIE the ninth against Frederick the second IOHN the twentie two against Ludouicus Bauarus INNOCENT the third against King Iohn of England VRBAN the second against Philip the first of France and other Popes against other Princes haue sed the like seueritie Albert. Pighius l. de visib mon. cap. 17. Mat. Paris ann 1204. Baron an 1101. euen to these our daies and in all their Epistles to Kinges and Emperours they call them Sonnes and speake to them as to their sheepe and subiects 9. Yea not onlie Popes but euen Bishops haue the like Authoritie ouer Kinges and Emperours as the Archbishop of Toledo ouer the King of Spaine
haue saied of the knowen respect the Kings of England euer before bare to the Pope and the Apostolicall Sea 14. Seuenthlis I prooue this by the ancient Ceremonies of kissing the Popes feete and other Homage which no good Christian though a King or Emperour hath euer disdained fulfilling therein the prophecie of Esay Quam speciosi pedes Euangelizantis pacem How beautifull are the feet of him that Euangelizeth and preacheth peace Esay 52. And following therin the example of the three Kinges Matt. 2. who adored Christ and of the prime Christians who brought the price of their Lands to the feet of the Apostles Act. 4. 5. Act. 10. Phocius in Nomo con Cap. Constantinus dist 96. Naucler lib. 2. gener 18. Blond li. 10. Mart. Polonus Platina in Steph. 2. S. Ansel Luc li. 1. Collecta Plat. in Adria 1. Baro. to 12. anno 1130. Platina in Eugenio IV. and of Cornelius that fell at Peeters feet CONSTANTINE the Great Greater for his humilitie then for the greatnes of his victories and Emperie honoured the Pope as his Pastour and superiour and bestowed great temporall honour and Regalities vpon him IVSTINIAN the Great in the yeare 535. adored AGAPETVS Pope IVSTINIAN the second crouching to Pope CONSTANTINES the first feete embraced him King PIPIN going to meete Pope STEEVEN who was going to him into France for helpe kissed his feet and ledd his horse by the bridle into the Court and pallace CHARLES the Great would not be hindred by Pope ADRIAN the first from kissing his feet as Platina writeth LEWIS King of France and HENRIE the second King of England kissed humblie the feet of INNOCENT the second SIGISMVND the Emperour in the Councell of Constance worshipped Pope MARTIN prostrate vpon the ground ALBERT Emperour of the West and IOANNES PALEOLOGVS Emperour of the East vsed the same submission to EVGENIVS the fourth in the Councell of Florence 15. By this which hath bene said who is of so little insight that seeth not how Princes are and ought to be subiect vnto the chiefe Bishop and highest visible Pastour of the Church which if Princes also could see as their conceipt of their owne Authoritie many times hindreth them from seeing they would not encroach vpon the Church as they doe they would not contemne her lawes but honour them as Oracles they would not despise the Churches Pastours but would as the auncient Christian Princes were wont to do honour them aboue all terrene Potentates 16. And would to God our noble soueraigne King IAMES had bene trained vp in the schoole of Christs Catholike Church in which our ancient Kings his Predecessours learned their dutie towards the Pope that rare and deepe iudgement of his would neuer haue permitted him to thinke a Temporall King as great as the Pope In praf monitor pag. 5. to whom his Predecessours subiected their persons Kingdomes Crowns and Scepters it would neuer haue sunke into his learned head that the Pope should be Antichrist and consequentlie all his Predecessours the Kings of England yea of Christendome so wise so pious so warlike so victorious worshippers and fauourers of Antichrist he would neuer haue incited the Emperour and Christian Princcs In praef monitor to curbe him restraine him and to diminish that his Authoritie which not they but Christ gaue him by which he hath put the crowne vpon many an Emperour and Kings head by which all Christian Kinges and their Kingdomes haue bene maintayned in Religion wealth and prosperitie against which Authoritie no temporall stares haue long preuailed but like waues against the Rocke by persecuting it haue wasted and ruined them selues which Authoritie was not giuen him ex prima intentione to take away temporall Kingdomes from any vnlesse by euill comportement they make them selues vnworthie of all rule and humane societie but rather to conserue them and to adde vnto them a new Crowne and Kingdome of Heauen for non eripit mortalia qui regna dat Coelestia he that giueth to man heauenlie thinges goeth not about to take away from him those that be earthlie Imploie then ô noble soueraine your rare witt power and force to defend and protect this Authoritie not to impugne it shew your self worthie that Title of a Defendour of the faith which was giuen to your Predecessours by the Sea Apostolick not for impugning but for defending her faith and Authoritie Seeke not to sacke and rase that Citie which is built vpon a Rocke Thinke not to preuaile against that Church against which all the persecutions schismes and heresies that haue beene raised against her no nor the forces or gates of Hell could hetherto or shall euer here after preuaile Seeke not to sinke the shippe which PETER ruleth and at whose sterne CHRIST him self sitteth It may be by Gods permission tossed with windes waues and Tempests but it can neuer be drowned for as Pope GREGORIE the ninthe once tould an Emperour that thought by humane force and policie to sincke her Cuspinianus in Frederice Niteris incassum nauem submergere PETRI Fluctuat at nunquam mergitur illa ratis Thou striu'st in vaine S. PEETERS ship to sinke Floate may it well to drown it neuer thinke CHAPTER VI. That Princes Kings yea Emperours haue no authority to gouerne the Church or to make Ecclesiasticall lawes neither to be accounted heads or Superiours but subiects of the Church though protectours and defendours and therefore are modestly admonished of their duty and office 1. ALmightie God as he hath instituted two powers terrene and spirituall Ciuill and Ecclesiasticall and hath distinguished them in Natures obiects functions ends so to auoid confusion he hath placed them in diuers subiects The terrene power he hath giuen to Princes and Magistrates the spirituall and Ecclesiasticall to Priests Prelats and Pastours as aboue we haue seene For although there be no such naturall repugnancie but that these powers may consort in one Ep. 126. ad Euag. and the selfe same person for as S. HIEROME sayth in the law of Nature the first begotten of euerie familie were Priests and Temporall Lords Melchisedech also and Moyses and the Machab●et were Priests and Princes yet it is most conuenient that these two powers should be separated the King and Prince by reason of his warres and Temporall Affaires wherwith he is intangled being not so apt to menage matters of the Church and Religion the Prelate and Pastour being by office obliged to attend to diuine matters from which the menaging of common wealthes affaires would much distract him And therfore as the Church came to greater perfection Num. 27. so were these offices giuen to distinct officers For IOSVE was made Captaine and Commander in Temporall things 2. Paralip 19. ELEAZAR was the High Priest and chiefe in matters of the Church AMARIAS the High Priest commanded in his quae ad Deum pertinent in matters pertaining to God and ZABADIAS was deputed to the gouernment of those thinges that
hath Authoritie ouer Clergie men as Clergie men he can command euen Churchmen in Ecclesiasticall matters and can call Synodes determine controuersies of faith in them enact Ecclesiasticall lawes and bestowe Ecclesiasticall Benefices and so he shall haue Authoritie not onlie ouer the persons but also ouer the things of the Church And therfore as he that should say that the King for the necessarie good of the Common VVealth cannot dispose of the Temporalities of the Realme should in effect make him no King so BILSON in saying that the King hath no Authoritie ouer the spirituall things and graces of the Church makes him no Head of the Church nor superiour ouer Church men as Church men For if the King be Head of the persons of the Church he can command them as his subiects And then I demand of BILSON in what things he can command them If in temporall thinges onlie as to paie Tribute to go to warre c. then is he King only of the Common wealth but no Head of the Church If in Spirituall things as administration of Sacraments decisions of matters of faith in Councels c. then hath he the administration of spirituall things and hath authority not only ouer the persons but also ouer the things of the Church But I neede not wrest this frō BILSON by force of Argument for he no lesse plainely confesseth that the King is no Head of the Church Bilson par 2 pag. 240 These are his wordes VVe confesse Princes to be supreme Gouernours that is as we haue often told you supreme bearers of the sword which was first ordained from aboue to defend and preserue as wel godlines and honestie as peace and tranquillitie amongst men We giue Princes no power to deuise or inuēt newe Religions to alter or chaunge sacraments to decide or debate doubtes of faith to disturbe or infringe the Canons of the Church Thus he VVherby we see first how he derogateth from that authority which King HENRIE the 8 and Queene ELIZABETH challēged and the former Parlament approoued for by that authoritie King HENRIE the 8. exiled all the Popes authoritie forbad all Appeales to Rome contrary to the ancient Canons disposed of Abbaies and Churches without the Popes authority c. And by the same authoritie Q. ELIZABETH chaūged the sacraments and all the whole face and hew of religion and forbad Councels to be called or any thing in them to be decided without her consent Secondlie we may see also herby how BILSON maketh the King no supreme Head yea no head at all of the Church but only a Protectour and defender therof which Title all Catholikes graunt to Kinges acknowledging that the King is to defēd the Church to assist her by his temporall sword and Authoritie that shee bee not hindred in calling Councels and administration of the Church yea and to punish heretikes condemned by her and deliuered vp to secular power And no more doth BILSON graunt And so he denying the Prince to be head of the Church and graunting him to be only a protectour and defender is guiltie of high treason 22. D. Field lib. 5. de Eccles cap. 53. Doctour FIELD also in effect denieth this authority to the King for he distinguisheth things merelie Spirituall in this manner Either sayth he the power in these things is of order or of iurisdiction the power of order consisteth in preaching the worde in ministring Sacramēts and ordaining ministers and in these things saith he Princes haue no Authoritie at all much lesse supreme authority The power of iurisdiction standeth in prescribing lawes in hearing examining and iudging of opinion in matters of saith and things pertaining to Ecclesiasticall order and Ministerie and due performing of Gods seruice and in these the King can only by direction of the Clergie make penall and tempor all lawes for the Execution of Bishops lawes and Canons Thus he But to omitt how aptlie D. FIELD annexeth preaching to the power of order Vide Sairum lib. 4. de Censuris cap. 16. num 21 which may be exercised with licence of the Bishop by one that hath no Orders at all to omitt also how he can possiblie distinguish the powers of order ād Iurisdiction he and his Doctours denying all Caracters and making ordination nothing else but a meere deputation to such an office I auerre that D. FIELD in this contradicteth the former authority which was giuen by Parlament to King HENRIE the Eight and King EDWARD his sonne and Queene ELIZABETH his Daughter as may appeare plainlie by the actes of Parlament aboue alleadged and he maketh the King no Supreme Head of the Church but onlie an Assistant Protectour and Defendour therof as I haue shewed against D. BILSON 23. Wherfore the Catholicks of England haue iust cause to complaine of seuere dealing towards them who many of them haue bene condemned to Premuniries and cruell deathes for denying the snpremacie of the Prince in Spirituall causes of which notwithstanding the leardnest of the Ministerie make such doubt and question as we haue seene yea denie it in plaine termes For if that care had bin had of the Kings Catholick subiects which their number antiquitie and loyaltie seemed to require this question of the Supremacie should haue bene better discussed and more maturely resolued before the Ministers should haue preached it as necessarie to be beleeued and before Catholicks should haue been so seuerelie handled for denying it their own Doctours now varying so much as we haue seene about the very name and thing it self and some of the leardnest amongst them denying it as flatly as any Catholick can do 24. Remember then O Kinges Princes and Potentates of the earth what is belonging to your so high an office Psal 2. An exhortation to Princes Et nunc Reges intelligite erudimini qui iudicatis terram And now ô Kings vnderstand your office informe your selues ô you that iudge the earth what belongeth vnto you You are Iudges of the earth and Common wealth you are not to meddle with the Church which is called Regnum Coelorum Mat. 13 the Kingdome of Heauen You are Isa 49. as Esaye calleth you Nurcing Fathers but no Gouernours of the Church you are Protectours and Defendours and Assistants obliged by scepter and sword to assist her and to punish her Rebelles at her direction You are subiects no Superiours sheepe no Pastours Inferiour members no Heads and your greatest honour and safetie is to serue not to rule the Church to defend not to inuade her rightes Harken ô Princes to that holsome counsell which AZARIAS the High Priest gaue to King OZIAS 2. Paral. 26. Ioseph l. 9. Ant. cap. 11. who would be medling with the Priests office For when he being puffed vp with pride of hart tooke vppon him to offer Incense in the Temple and on the Altar of Incense AZARIAS matching his Kinglie pride with a Priestlie Zeale followed him at his heeles accompanied with fourescore Priests and
by an inuisible blowe reached him from God perished most miserably d Earon tom 7. au 561. BELLISARIVS Iustinians Generall ouer his Armie to whome he was so deare that his pourtraict was printed in the one side of Iustinians Coyne with this Title Bilisarius Romanorum decus Bellisarius the glorie of the Romans for his molestation of SILVERIVS to grarifie therby THEODORA the Empresse had for suspicion of conspiracie against IVSTINIAN his eyes pulled out was despoiled of all his dignities and forced in fine to begg e Cedrē in Anna Paul Diac. li. 20. rerū Roman Baron tom 8. an 713. Anast in Vital Baro. an 668. Paul Diac. lib. 19 rerū Rom. PHILIPPICVS for his contempt of CONSTANTINE Pope and propagating of heresie was depriued of his Empire and his eyes also f CONSTANS for persecuting THEODORVS Pope and violently carying away Pope MARTIN from Rome was slaine in a bathe g Fascie Temp. in Iust 2. Martin Pol. in Iust 2. IVST●NIAN the second for infringing the Eight Synod and molesting of SERGIVS Pope who refused to consent to his heresie was depriued of his Empire and besides that of his nose and tongue h Baron tom 11. an 1080. HENRIE the Fourth Emperour excommunicated and deposed by GREGORIE the seuenth as we haue seene was by his owne sonne persecuted holden in prison and at length made a miserable end out of his owne Countrie i Neubr li. 4. c. 13 Palmer 〈◊〉 in Chrō an 1189 FREDERICK the first was drowned miserablie in a riuer of Armenia for punishment of the schisme he raised against ALEXANDER Pope as our NEVBRIGENS●S recordeth k Fascic Temp. in Frider. 2 Matt Westm an 1245 FREDERICK the Second after he was excommunicated and deposed by INNOCENT the Fourth Pope of that name was strangled by his owne sonne and dyed without Sacraments l Geneb lib 4. Chron. anno 2294. in Bonifacio 8. PHILIP le BEL King of France after he was excommunicated and deposed by BONIFACE the Eight neuer prospered as Genebrard la Frēch man writeth And after that BONIFACIVS was taken vnawares by the deceipts which PHILIP vsed a holy Bishop said The King is glad he hath BONIFACE Pope in holde but no good thereby will happen to him and his posteritie which Prophecie saith m Genebr lib 4. Chron. anno 1315. Genebrard was shortlie after fulfilled for the King perished by reason of a Boare that rushed betwixt his horses legges three of his sonnes that raigned after him dyed one after another in a short space their Queene 's dishonoured them with their infamous adulteries and the Issue of PHILIP fayling the contention betwixt our EDWARD the third sonne of the Daughter of PHILIP le Bel and PHILIP de Valois the sonne of CHARLES de Valois PHILIP le Bel his brother arose which contention cost France verie dearely And to spare our times as God threatned by his Prophet Isai 60. that the Kingdome that shall not serue the Church shall perish as we see all Greece is lost by their heresies and schismes against the Romane Church and England Germanie and Holland and other Countries know not what punishment hangeth ouer their heads so whosoeuer shall obserue the course of times and Histories shall finde that few Princes haue long prospered who haue persecuted the Romane Church and faith or haue been by her excommunicated or deposed 26. Wherfore Kings and Princes that contemne and despise the Church remember you are Men and that your Kingdome is subiect to a higher state of the Church Feare her glaiue that striketh euen the soule and spirit And if you will raigne long and prosperouslie here imitate those Constantines Martians Theodosius Pipins Charles the Great Lewis and others who were more glorious for amplifying the Churches Immunities and Demaines then for extēding their Empire more renowned for the Churches and Monasteries they founded thē for the Cities and Castels they builded who by obeying honouring and enriching the Church strengtned and enriched their Kingdomes and haue prospered in all their warres and battailes But I will end with S. BERNARDS Counsell which he gaue to CONRADVS King of the Romanes Bern. ep 183. ad Conrad Regem Romam Rom. 13. desiring all Christian Princes to followe it Legi quippe Omnia anima Potestatibus sublimioribus subdita sit c. Quam tamen sententiam cupio vos omnimodis moneo custodire in exhibenda reuerentia summae Apostolicae sedi I haue read indeed Let euerie soule be subiect to higher powers and he that resisteth the power resisteth the ordinance of God which sentence not withstanding I desire and by all meanes warne you ô Princes to keepe by exhibiting reuerence to the highest and Apostolicall seat CHAPTER VII Although the Pope be not direct Temporall Lord and Superiour of the world nor of any part therof by Christs expresse guift and donation but only of the patrimony of Sainct Peter giuen him by Constantine the Great and other Catholicke Princes and confirmed by the consent of the Christian world yet by the spirituall power which Christ gaue him in his predecessour S. Peter Io 21. he may dispose of temporall things and euen of Kingdomes for the good of the Church and Conseruation of her and her faith right and the manner how and in what case he can thus dispose of temporalities is explicated 1. HAuing shewed by manie Arguments in the former Chapter that the Prince neither hath any spirituall Authoritie neither can by his Temporall power entermeddle him self as a Superiour in matters Spirituall and Ecclesiasticall It remaineth that we discusse and examine whether contrarie wise the Pope haue any temporall power or can by his Spirituall power dispose of temporall things A thing I confesse odious to some Princes who can hardly brooke it that you should meddle with their Crownes and Regalities thinking their Crownes so fast sett on their Heads that none but God can plucke them of and imagining they holde their scepters so fast that none vnder God can wrest them out of their hands But yet this question is odious only to such as sett little by the Churches Authoritie or at least preferre the state before Religion and the Temporall aduancement of the Common wealth before the Spirituall good of the Church for otherwise as guiltie malefactours only crie out of the Princes lawes Tribunals good subiects embrace and reuerence them so those Princes only whose consciences accuse them of some disloyaltie towards the Church or who desire to preferre their owne wils before the Churches commandement or to extend their Empire with encroaching on her Demaines and to rule so independentlie as they may not be controlled such Princes I say can not abyde to heare of any Authoritie in the Pope or Church which may restraine them Other Kings who counte it their honour to be obedient Children of the Church and who desire not to raigne ouer their subiects but so as God and his Church
regna dat coelestia That Christ is come why dost thou dread O Herode thou vngodlie foe He doth not earthlie Kingdomes reaue That heauenly Kingdomes doth bestow 4. And so although CHRIST were euen as man a Temporall King yet he not actually raigning him self it is not likelie that he should giue any such authoritie to S. PETER and the Pope his successour And although hee had actually raigned him self yet it is not necessarie that he should giue that Authoritie to S. PETER for hee had also the power of Excellencie by which he might command euen Infidels not baptized and by which he instituted a Church Sacraments and a Priesthood which S. PETER and the Pope his Successour can not doe Certes none can denie but that CHRIST might haue giuen S. PETER supreme Iurisdiction spirituall ouer the Church without Temporall because as spirituall power is not necessarily annexed to the Temporall as I haue proued in the former Chapter so Temporall power is not necessarily ioyned to the spirituall and therfore seing that neither the law of God nor Nature nor man giueth any such Temporall Iurisdiction to the Chiefe Pastour of the Church why should either he challenge it or we giue it him especiallie it being a thing verie inconuenient and odious that either the Church or her Chiefe Pastour should haue any such Temporall power For if it were so that the Church or her supreme Pastour had any such soueraintie it would deterre all Pagan Kings and Princes from our Religion fearing least the Church by her absolute Authoritie might depriue them of their Kingdomes Crownes and Scepters at her pleasure And hence it is that the Popes them selues confesse that they haue no Imperiall nor Kinglie Authoritie giuen them by CHRIST but rather that these two powers are in distinct subiects So NICHOLAS Pope sayth Cum ad verum ventum est c. Ca. cum ad verū d. 96. Vide supra pa. 66. et pag. 78. VVhen it came to the vnderstanding of the truth neither did the Emperour take vnto him the rights of Bishop-like Authoritie nor did the Bishop vsurpe the name of the Emperour because the same Mediatour of God and men man Christ IESVS hath distinguished the offices of both powers by their proper and distinct dignities as that Christian Emperours for attaining eternall life should neede bishops and Bishops should vse the Imperiall lawes for the cause onely of temporall things And S. BERNARD Bern. li. 2. de Cōsid ca. 6. Nam quid tibi aliud dimisit Sanctus Apostolus quod habeo inquit tibi do c. VVhat other thing did the holie Apostle leaue vnto thee what I haue saith hee I giue thee VVhat is that One thing I know it is neither gould nor siluer seing that he sayth gould and siluer is not with mee Bee it that by some other way thou maist challenge this vnto thee yet not by Apostolicall right for he could not giue thee that which he had not VVhat he had he gaue sollicitude as he sayd ouer the Churches Did be giue thee rule and domination not ouer-ruling the Clergie but made example of the flocke and doost thou thinke this to be spoken onlie out of humilitie not in veritie the voice of our Lord is in the Ghospell the Princes of the Gentils ouer-rule them c. but it shal not be so amongst you 5. But although the Pope and Chiefe Pastour of the Church hath no direct Temporall power but only in his owne Temporall Patrimonie and Kingdome by which he may dispose of Kingdomes Crownes and scepters yet he hath a Spirituall power which may directlie and ordinarilie dispose of spirituall matters and indirectlie and in some extraordinarie case of the Temporall also that is when it shall be iudged necessarie for the consernation of the faith or Religion or the Churches lawes and right or some other great and necessarie good I say the Pope hath no direct power ouer Princes for then he might limit their power abrogate their lawes and depose their persons at least for some iust cause though it did not concerne either faith or the Churches right or necessarie good as the King can deale with his Viceroy and any of his subiects and then Princes should not be absolute and independent who yet as aboue is declared in Temporall matters and so long as they exceede not the bounds of their authority by commanding things contrary to Gods law or the Churches Canons acknowledg no Superiour in earth neither Pope nor Emperour nor Common wealth For as for the Emperour all Princes who are not his Vassals as the Kings of Spaine England and France are not as they acknowledge him Superiour in dignitie and therfore will and must giue him the precedence whersoeuer they meete yet they are not subiect to him nor bound to obey him vnlesse it be when the Pope the Chiefe Pastour and hee the greatest Prince in dignitie shall thinke it necessarie that all Christian Princes contribute or concurre for the defence of Christendome against the Turke or such like Common enemie As for the Pope I graunt that CHRIST gaue him no Temporall power at all which aboue I haue prooued for that Temporall power which he hath in Italie hee had not by Christs immediat graunt but onlie by Constantines and other Emperouts and Princes donation which donation supposed and confirmed also by Prescription and his subiects yea all the Christian worlds consent that part of Italie which he possesseth is as trulie appertaining to him as England is to the King of England France to the King of France and Spaine to the King of Spaine onlie the Pope cannot transfer his Kingdome to his Heyres as they may because it cometh not to him in particular by hereditarie succession but onlie by election Yea if the Pope were by the law of God a Temporall Soueraine Prince ouer all the world other Princes should holde of him and CONSTANTINES donation by which he made him Temporall Prince of Italie had been no donation but restitution As for the Common wealth I haue aboue declared how it hath despoiled it self of all authoritie and by translating it to the King is trulie a subiect and like a priuate person and so hath no power ouer the King vnles it be in case of intollerable Tyrannie as aboue is explicated 6. I say yet that the Pope hath an Indirect power ouer Kings euen in Temporall mattters which power notwithstanding is not Temporall but spirituall nor any distinct power from his spirituall supremacie but euen the self same And therfore GREGORIE the Seuenth in his deposition of HENRIE the Fourth sayth that he deposeth him by the power he hath from S. PETER of binding and loosing And although his Pastorall and Spirituall power directly and ordinarily hath the menaging only of spirituall matters and so directly and ordinarily exerciseth it self in excommunicating interdicting and suspending frō Spirituall offices calling Councels and deciding controuersies of faith in them in making
by the peoples consent and although IOAS who was the right heyre was yet liuing yet because that was not knowen it seemeth that the people generallie consented to ATHALIA which consent was sufficient to make her lawfull Queene otherwise we must call in question the Titles of many Kings whose Predecessours entred into the possession of their Kingdomes by violence and inuasion and without all Title and yet afterwards prooued lawfull Kings by the common reception and consent of the people actually raigning for some time with expresse or tacitt consent of the people giuing à sufficient Title At least this example sheweth that the High Priest might be Iudge of the Kings right and Title which was to meddle in a Temporall matter and no lesse then a Kings Title 5. ELIAS also though a Prophet onlie 3. Reg. 18 4. Reg. 1. 2. and no Temporall Prince consumed by fire from Heauen OCHOSIAS Captaines and their fifties and made a massacre of Iesabels false Prophetes Againe ELISEVS his scholler by his curse sett Beares vpon those vngracious boyes who called him by scorne Bald-pate he stroke Giezi with the leprosie which he had taken from NAAMAN for his symonie Certes ELIAS was so famous for chrastizing rebellious Princes and their Captaines Eccl. 48. that Ecclesiasticus pronounceth thus of him VVho didst cast downe Kings to destruction and didst easilie breake their might and the glorious from their bed And howbeit they did this by extraordinarie and Propheticall power yet these examples shew how it is not vnbeseeming Spirituall power to controule sometimes Princes and to punish them euen temporally when Gods glorie and his Churches right and honour requireth it Num. 25 I could alleadge the example of MOYSES who caused the Princes to be hanged on Gibbets against the sunne for communicating with the Moabites in sactifice Exod. 32 who also by the assistāce of the sonnes of LEVI killed aboue three thowsand for adoring the Goulden Calfe But I will come to the Newe law and see what proofes it yeeldeth 6. The new law though it be the law of Charitie not seueritie loue not feare yet it is not without examples of Temporall punishment vsed euen by the spirituall sword 1. Cor. 5 1. Tim. 1 S. PAVL excommunicated the In cestuous Christian as also Hyminaeus and Alexander and deliuered them vp to Satan for the destruction of the flesh for in the Primatiue Church to excommunication was annexed a Temporall punishment D. Th. 3. p. in Addit q. 21. a. 2. ad 3. Act. 13. by reason that then when any was excommunicated the Deuill by and by possessed him and tormented him corporally In the new law I behould S. PAVL stricking Elymas the Magician with corporall blindnes for hindring the fruict of the Ghospell Act. 5. and I find S. PETER pronouncing sentence of present death against Ananias and Saphira his wife for defrauding the Apostles in the price of the peece of land which they had vowed And although this also they did by the guift of miracles and extraordinarie prerogatiue of their Apostleship yet this sheweth that Tēporall punishment doth not altogether surpasse the actiuitie and force of Spirituall power 7. Secondlie I prooue this by another Argument drawne from the persons of thē on whom it seemeth the Church may by warrant of scripture inflict Temporall punishment such as are obstinat Hereticks disobedient Princes to the Church D. Kellyson Rep. p. 185. Deut. 13 Blasphemers persecutours c. which examples a writer of this tyme alleageth though to another end In the old law which was a figure of the new false Prophets who persuaded to follow false Gods were slaine and stoned to death and the whole Citie that permitted worship of straunge Gods was commanded to be sacked and vtterly destroyed Deut. 17 And as we haue seene whosoeuer stubbornlie disobeyed the High Priest in matters pertaining to the law was to be killed And shall the Heretick stubborne against the Church who persuadeth vs to follow straunge Religions goe scotfree The person that was infected with a Corporall leprosie Leu. 13● was separated from all societie and shall obstinat Hereticks prefigured by such infected and infecting persons be permitted to conuerse with vs yea to rule and gouerne amongst Christians heresie being a spirituall leprosie Aug lib. 2. quaest Euang. cap 40. Leu. 24. which mixeth falsehood with truth as a leprosie infecteth some parts of the flesh others remaining sound and infecting not only the bodie as that doth but euen the soule The blasphemer in the same law was by Gods owne mouth commanded to be cast out of the Camp and to be stoned of the people and shall the heretick in words commonlie blasphemous in deeds sacrilegious be permitted in the Church and not be cast out by Censure of excommunication Leis. 20● and by death also when that will not serue NADAD and ABIV though sonnes of AARON for vsing straunge fire in their Censors were deuoured with fire from heauen Nu. 16. CHORE DATHAN ABIRON and HON for arrogating vnto them Aarons office were swallowed vp by the Earth and shall the Heretick who inuenteth straunge doctrines and who commonly without right ordination or vocation arrogateth Priestlie Authoritie be free from all Temporall punishment he commonly contemning all spirituall Censures Matt. 7. Ioan. 10. No no an heretick is a woolf and consequentlie to be driuen from the fold with stones and clubbes he is a theefe and so to be hanged he is a Canker Ioau 10. ergo to be burned and seared he is a false Coyner that is a deprauer of Gods word ergo to be hang●● drawne 2. Tim. 2. Lib. 2. 3. de fals● moneta Mat. 13. Iudae 1. and quartered he is cockle ergo to be pluckt vp by the rootes least he hinder the growth of the good corne he is a tree of Autumne vnfruitfull twise dead being deuoid both of the life of faith and charitie ergo to be cast into the fire he is an euill humour ergo to be purged and expelled Mat. 7. he is a rotten and rotting member ergo to be cutt of least he infect the whole bodie 8. Thiralie I prooue this out of those verie wordes by which S. PETER was constituted supreame Pastour vnder Christ and vnder-Head of the Church Pasce oues meas Ioan. 21. Feed my sheep for to a Pastour it appertaineth to rule and gouerne his sheepe to feede them to cure them and to defend them from the woolfe or rauenous beast VVherfore S. PETER and his successour the Pope being the supreame visible Pastour of the Church is not onlie to rule and gouerne them by lawes nor onlie to feede them by the word and Sacraments nor only to cure and correct them by spirituall Censures but if they beinfected and infecting sheepe he may not only separate them from the Church by excommunication but also if they contemne that punishment by deposition and depriuation
are necessarie meanes to attaine to the end of the Spirituall power which is conferuation of the Church and faith and the attaining of life euerlasting And so as S. THOMAS saith D. Th. 2. 2. q. 40. a. 2. ad 3 Omnis persona velars vel virtus ad quam pertinet finis habet disponere de his quae sunt ad finem Euery person or art or virtue to which the end belongeth may dispose of those things which are for the end Seeing then that God hath ordained Temporall things to the saluation of our soules and consequently to the Churches conseruation when the Chiefe Pastour whose office is to bring vs to our Spirituall end seeth that Temporall things are necessarie to that end he can not only command but also dispose of them Turrecr lib. 2. de Eccl. ca. 114. Hereupon TVRRECREMATA also vsinge the like Argument sayth To him that can dispose of the end it pertaineth to dispose of the meanes and to remoue also the Impediments as it is manifest in the Phisitian and sickman who because they haue Authoritie to procure health may make choise of the meanes and may remoue the Impediments of health VVherfore seing that the Chiefe Pastour is to looke to the soules health of his subiects he may not onlie command Temporall things but also dispose of them to that end and may remoue them when they are impediments to that end And because the King and his Kingdome are comprehended in the number of Temporall things which are ordained to the conseruation of the Church and the Spirituall end for God maketh a promise to his Chureh by the Prophet Esay Esai 49. That Kings shal be her Nurcing Fathers and that with a countenance cast downe to the ground they shall adore her Esai 60. and threatneth that the Nation and the Kingdome that shall not serue her shall perish it followeth also that when the Churches right and faith can not otherwise be conserued the Chiefe Pastour may dispose of the Kings Crowne and Kingdome hee in that case being subordinate to the Church and Christian faith Neither will VViddringtons answere serue to wit that in this case they are to be directed and commanded by the Chiefe Pastour for the conseruation of the Church but cannot be by him disposed because the argument prooueth more to wit that if the Chiefe Pastour can not only command in spirituall matters which are greater but also may dispose of them he may also dispose of the Temporall which are lesser they being in some case subordinate to the end of the Spirituall power which is conseruation of the Church and faith and procuration of eternall saluation 3. A second Theologicall Argument may be deduced from the Authoritie The Second Theologicall Argum. which the Church hath ouer Temporall power for as aboue I haue shewed the Spirituall power of the Church is not onlie Superiour to the Temporall in dignitie but also if they who haue this Temporall Authoritie be baptized in Authoritie of commanding not only in spirituall matters but also in Temporall when they hinder the Churches good or are necessarie for the Churches conseruation And therfore if the Prince make a Ciuill law which derogateth to the Church the Pastour can command them to alter or to abrogate it S. GREGORIE corrected MAVRITIVS the Emperours law Gregor lib. 7. Indic 1. by which he forbad souldiers to enter into Religion So S. AMBROSE though no Pope but Archbishop of Milan commanded Theodosius the Emperour Theodor. li. 5 cap. 17. 18 who had caused seuen thousand at Thessalonica to be killed for a sedition made against the Magistrates to make a new law by which he was so restrained that when he should condemne any to death or confiscation of goods the sentenee should not be executed till 30. daies after that he might haue time to iudge better when the furie of anger was past And the Canon law is full of commandementes of the Pope to Princes euen for the disposition of Temporall things Widdr. in Apol. n. 93. num 97.101.141 139.377 378. which also Widdrington graunteth For in his Apologie for the right of Princes he oftimes repeateth that the spirituall power can direct command and compell by Censures the Princes to make lawes which are necessarie for the Churches conseruation and to abrogate lawes which are iniurious to her and so to dispose Temporall things as they shall not preiudice the Church but rather serue her for her necessarie conseruation Widdr. Apolog. n. 197. Yea sayth he Potest Ecclesia propter instantem sui ipsius necessitatem praecipere vel prohibere vsum gladij materialis The Church when necessitie vrgeth can command or forbid the vse of the materiall and temporall sword And then say I if the Chiefe Pastour can command the Temporall power scepter and sword when the necessitie of the Church requireth he may also dispose of the Temporall power scepter and sword Widdr. in Apol. Resp nu 28. This consequēce Widdrington often tymes denieth but with how little reason we shall see brieflie For although euerie one that can command can not dispose yet Princes may I graunt the Ghostlie Father can command his Penitente to giue Almes and the Penitent shall be bound vnder sinne to obey yet he shall not therfore loose the proprietie and dominion of those his goods which he should haue giuen in almes Yea I graunt that the Prince when he commandeth his subiects to contribute for his warres or other necessities of the Realme doth not alwaies by and by depriue them of their dominion and proprietie but yet I say that as he can command Temporall things for the necessitie of the Realme of which he hath charge so he can by his absolute power called Dominium Altum when it is necessary for the Common wealth not only command but also take those goods from them and depriue them of the same as in many other cases he also confiscateth their goods and depriueth them of Dominion VVherfore seing that the Pope is the supreame visible and spirituall Prince of the Church he may not only command Christian Princes his subiects to vse their Scepter Authoritie and sword to the necessarie conseruation of the Church and especially not against the Church but may also if they contemne his commandement and Spirituall Censures for the necessarie conseruation of the Church and faith dispose of them else he were inferiour to the Prince and had not Authoritie sufficient for the conseruation of the Church which is committed and commended to his charge 4. The third Theologicall argument The third Argument shall be grounded in the Nature of the Church as it is a Common wealth for the Church is an absolute Common wealth not subordinate to any other as the Kingdome is to the Chiefe Pastour and Church Now it is so that euerie absolute Common wealth to wit which is no part nor is dependent of another hath power not onlie to
force her subiects to Idolatrie and superstition hinder by violence preaching administration of Sacraments and all practize of Religion what should the Church do excommunicate these persecutours she cannot hauing no Spirituall power ouer them they being not incorporated to the Church by baptisme And if she could Psal 63. they would contemne all such weapons tanquam sagittas paruulorum as the arrowes of children What then must the Church stand still and let the cruell persecutour do his worst must she expose her selfe and her subiects to theire mercie that haue no mercie Cerres if in that case she might not take armes she were the vnablest and worst prouided Common wealth that euer was And what if the hereticks Vide Baron an Christi 348. Victorem Vticen de Persec Wandalica who commonlie are more cruell than Pagans as the crueltie of the Arrians and euen of Protestants and Puritans in France the low Countries and our Iland also beareth to euident witnesse would vse the like or greater crueltie and Tyrannie against the Church and the true faithfull people therof VVhat defensiue Armour hath CHRIST giuen her Excommunication you will say or other spirituall censures But what if they also as commonly they do would contemne all such armes and weapons How shall the Church conserue her selfe and withstand their crueltie should she expose her throate and brest to the Tyrants sword her selfe and her subiects to his crueltie should she permitt Sacraments and preaching to be forbidden all exercise of Religion to be hindered and in lieu therof all abomination to be set vp and promoted You will say that after she hath threatned Gods Iudgments vsed her spirituall Armes and weapons she hath no more to do hauing no Temporall Armes to vse and so must commit all to God But then say I that CHRIST who was incarnate and liued and dyed for the Church had not sufficiently prouided for her defence And they that say she can only haue accesse in that case to God are like to those Philosophers who deny all power to second causes to produce substantiall formes and effects and make God the onlie Authour But as these Philosophers are hissed out of the schooles because since God created all at the beginning he doth nothing in Nature but by second causes so I say that VViddrington and others who deny the Church all power to defend her selfe are vnnaturall Children yea mercilesse and cruell enemies in remitting her to God only who though he alwayes heare our praiers and petitions yet doth not alwaies graunt them VVherefore wee must finde out a sword and an ordinarie second cause which may in this case defend the Church and this is no other then her Spirituall power by which as aboue is declared she can dispose of Temporall goods and Kingdomes for the necessarie conseruation of the spirituall good For the better declaration wherof I demaund of our Protestantes in England if his Maiestie should turne Catholick and consequently should put the ministers out of office persecute them with sword and fier what would they doe They would perchaunce excommunicate him but what if he contemned such excommunication as iustlie he might they being no true Bishops what would they doe Trulie if a man may guesse by that they teach and haue practized in Scotland England Frāce Germanie the low countries they would trust more to their sword then their word as we shall see herafter that they haue done in the like case 10. In disp Theol. c. 3. n. 21. sect 1. An obiection of Widdr. But Widdrington taxing the learned Suarez sayth that if because the Church is an absolute Common wealth and consequently hath sufficient Authoritie to defend her selfe we may inferre that she may vse not only Spirituall but also Temporall armes wee must inferre also that God must giue the Church not only Authoritie to depose Princes but also force and meanes to execute the sentence of her deposition The Answer which yet wee see she alwayes hath not I answer that it is not necessarie that God should alwayes giue execution to matters for the King and Common wealth cannot alwaies actually suppresse Rebelles and vanquish enemies but yet as if the King or Common wealth had not authoritie to defend it selfe by defensiue and offensiue weapons neither he nor the Common wealth were sufficiently by God and Nature furnished or prouided for so if Christ had not giuen his Church power and Authoritie to defend and conserue her self by Temporall armes when the spirituall glaiue will not serue he had not prouided sufficiently for her neither had she had the Authoritie which is due to an absolute Common wealth And although God hath promised to protect his Church to the end as he promised to defend the Synagogue and to continue the Kingdome to Dauids posteritie yet he vseth second causes for the execution and performance of his sayed promise And therfore as not withstanding his promise the Iewes and Dauid vsed humane meanes as warres and such like for their conseruation so may the Church when her spirituall power is contemned 11. But although as this Argument prooueth the Church may vse Temporall armes in case of necessitie yet it is not so conuenient that she should do it by her selfe immediately but rather by the hand of the Prince when she can induce him to vndertake her cause and defence and for that cause though she vseth to deliuer hereticks brachio seculari to the secular arme and power yet she vseth not to punish them her selfe not for that she cannot but because it is not conuenient she should but only when Temporall Princes will not do that office for her Lib 4. de consider cap. 3. Ioan. 10. Mar. 26. whereupon S. BERNARD alluding to those wordes of Christ Conuerte gladium tuum in vaginam as he auerreth the power of handling the Temporall sword so he saith it is not conuenient for the Pastour to vse it but only to command it For thus he speaketh to Pope EVGENIVS the third Quid tu denuò gladium vsurpare tentas c. VVhat dost thou goe about to take to thy selfe againe that sword which once thou wast commanded to put vp in to the sheath VVhich yet whosoeuer denyeth to be thine doth not seeme to mee to haue sufficientlie attended to the word of out Lord who sayd Put vp thy sword into the scabbart It is thyne therfore perchance at thy becke though not by thy hand to be drawne otherwise if it did not any wise pertaine vnto thee when the Apostles sayd Behold two swords here our Lord would not haue answered It is enough but It is to much Therfore both the spirituall and materiall sword is the Churches but that is to be vsed for the Church this also of the Church Orat. in Auxent quae extat lib. 5. ●p eius post epist 32. that by the hand of the Priest this by the hand of the soul●iour but yet at the becke of the
ergo he may stand in his owne defence and by warres defensiue may maintaine his possession And then to what iniuries and gatboiles the Church should expose Kings subiects and Kingdomes and consequently the whole Church who seeth not but he that is wilfullie blind and will not open his eyes so that either the Councell of Laterane was temerarious and rash to build so perilous a Decree vpon no assured but only probable opinion or she thought assuredly that the Pope had such Authoritie and then euerie obedient Child of the Church should rather follow hers then Widdringtons and some few his companions opinion For certes otherwise as it is iniustice to put one out of his land or house who hath probable right and withall possession because potior est cónditio possidentis better is the condition of him that is in possession So were it open iniustice in the Pope to depriue a King of his Crowne and Kingdome who hath probable right because it is as Widdrington saith but probable not assured that the Pope can depose him and who yet hath possession He answereth that the Church commandeth the Feast of the Conception and the Pope hath giuen authoritie to simple Priests to confirme and moreouer dispensed with Princes in the solemne vow of Religion which yet are grounded but on probable opinions But the foresaid Authour in his discussion of this Decree hath verie well shewed that such inconuenienecs follow not vpon these Decrees which are not so dangerous nor concerne not the whole Church as this decree doth but onlie particuler persons and therfore I will not actum agere 8. But here I can not but obserue how cunninglie Widdrington in his new yeares-gifte endeauoureth to make his Reader beleeue that I made this Argument against my selfe In his new yeares gift pag. 43. and 52. For wheras I out of the decree of the Generall Coūcell of Lateran which I supposed to be iust had inferred that the opinion which holdeth that the Pope can in some case depose a Prince on which this decree is grounded must needes be more then probable and no lesse then certaine else if it were but probable that the Pope can depose a Prince it were probable also that the Prince deposed had still probable Title and so being in possession should vniustly be dispossessed because better is the condition of the possessour who hath probable right VViddrington taketh it for a probable opinion only that the Pope can depose a Prince whieh I alwayes denied and disprooued and thence inferreth and as he would seeme euen by my argument and Confession that the Pope cannot without open iniustice depose a Prince Where I desire the Reader to note how I as all modest Catholickes should doe doe attribute so much to the Councelles decree that by it I prooue it to be a certaine opinion that the Pope can depose a Prince in some case else the decree had been vniust VViddrington notwitstanding this decree holdeth still that it is but a probable opinion that the Pope can depose a Prince and thence inferreth that the Pope can not iustlie depose and so is not ashamed nor afraid to confesse in effect that this decree of that so greate and Generall Councell is vniust which with what modestie he can do I report me to all modest Catholickes and to the iudgement of all iudicious Readers 9. Lastlie I will yet trie another waie to persuade these kinde of men which if they contemne Mat. 18. they can hardlie auoide that imputation of Ethnikes and Publicanes which Christ him selfe layeth on them that will not heare the Church For not onlie that which is expreslie and in actu signato defined by the Councell is to be beleeued vnder paine of heresie but also that which in actu exercito is defined I will explicate my self If the Pope especiallie with a Generall Councell decree or enact any Generall law which he commandeth to be obserued of the whole Church he doth not expresselie and in actu signato define the thing to be lawfull which he commandeth but yet he doth in actu exercito and tacitè define it to be lawfull because if he cannot erre in prescribing generall lawes to the vniuersall Church as if he could the whole Church which must obey her Chiefe Pastour should erre with him it followeth necessarily that he hath infallible assistance in enacting such lawes and consequently that it must not onlie be probable but also certainly true yea and so true that it is not onlie temeritie and rashenes but also obstinate heresie to holde that it is vnlawfull which the Pope thus commandeth Bellarm. lib 4. de Rom. Pont. cap. 5. Du Valle lib. de suprema Rom. Pont. in Ecclesiam potestate part 2. q. 7. This is the opinion of Bellarmine which he prooueth also verie solidlie The same a learned Doctour of the Sorbonnes and Chiefe Reader in Diuinitie called Du Valle holdeth and as Diuines knowe it is the common opinion though some few holde the contrarie Du Valle hath these wordes Han● autem infallibilitatem non minùs quàm in fidei definitionibus agnoscunt omnes Catholici Doctores But this Infallibllitie no lesse then in definitions of faith all Catholick Doctours do acknowledge This both Bellarmine and he as others also prooue by many Arguments For First if the Pope could command an vnlawfull thing he should command vice for vertue and might forbid vertue as vnlawfull whence should follow that the Church which must obey her Chiefe Pastour should erre in a matter necessarie to saluation for she should imbrace vice for vertue and imbracinge that should be no more Holie Yea then the Church should erre in a matter of faith because if the Pope cōmād vice for vertue the Church which must giue eare to her Chiefe Pastour should embrace it as lawfull and consequentlie should embrace a thing against faith for as it is against faith to say or thinke that Christ is not reallie in the Blessed Sacrament so is it to say or thinke that vice is vertue which yet the Chiefe Pastour should teach in commanding and the Church should beleeue in embracing and obseruing Whence I inferre that the former decree of the Councell is a matter of faith and necessarily to be beleeued For by this decree the Pope and Councell of Lateran do absolue the subiects from obedience and fidelitie by a Generall Decree do depose the Prince from his Kingdome which if it were vniust as it must needs be if the Pope had no Authoritie the Pope and Councell should erre in a matter against faith because the Catholick faith teacheth that vertue is good vice is euill and vnlawfull yet if this decree of deposition of the Prince and absolution of his subiects from their fidelitie were against iustice the Church which must obey her Chiefe Pastour should be bound to thinke iniustice to be iustice vice to be vertue which is against faith And therfore if VViddrington notwitstanding this
per quem scandalum hoc venit Mat. 18. woe to that man by whom this scandall commeth 16. But to come to the examination of this Clause although Widdrington maketh no bones of it yet they that square all by conscience and the rule of faith and practise of the Church finde great and many difficulties not to be deuoured by any timorous conscience And first by all the Argumentes which hetherto haue beene produced it is as manifest that this Clause of the Oath wanteth Veritie which is the second companion and condition of a lawfull oath as it is euident that the Pope hath Authoritie to depose a Prince not whom soeuer but such a one in whome is iust cause of deposition to wit intollerable and Rebellious Tyrannie against the Church or some such like cause For if the Lutherans Caluinists and other heretickes who hould that a Prince who persecuteth their religion may be deposed and killed can not take this Oath vnlesse they first depose that conscience and chaunge their opinion much lesse can Catholicks who generally holde that the Pope can in some case depose Princes and dispose of their Kingdomes with out doing against their conscience 17. Widdr. disp Th. de Iurā Fidel ca. 2. sect 2. nu 3. ca. 3. sect 2. n. 3. Wheras VViddrington answereth that the thing which is sworne in this Oath is not that King IAMES is lawfull King and cannot be deposed but onlie that the partie who sweareth sincerelie acknowledgeth that he is lawfull King and cannot be deposed and so at least they who are perswaded that the Pope cannot depose Princes may with safe conscience and with out daunger of periurie sweare that they think he cannot be deposed I must tell him first that if this were the meaninge the Oath would litle auaile to the Kinges securitie Which yet the King sayth was intended by this oath by which he would distinguish betwixt Catholickes and be sure that they would stand for him though the Pope should depose him and would not out of that opinion that the Pope can depose a Prince attēpt any thing against him For although the subiect sweare that now at this present he is persuaded that the Pope can not depose a Prince yet seeing that many holde the contrarie he may after the Oath taken chaunge his minde either by conferring with the Doctours of the contrarie opinion or by reading their bookes and should not breake his former Oath he by that protesting only and swearing what then was his opinion Secondlie this is but a meere euasion because he that taketh the Oath sweareth from his hart and before God not onlie that he thinkes so but also that it is so and that most assuredlie it is so And this the verie wordes of the Oath do import which do make the swearer say that he doth sincerlie acknowledge and testifie in his Conscience and before God that King IAMES is lawfull King and that by no Authoritie he can be deposed Which meaning the Fourth Clause also confirmeth where he sweareth that the position and doctrine which holdeth that Princes excommunicated may be deposed and murthered is impious and hereticall By which manner of speech he not only sweareth what he thinketh but what absolutelie is to be houlden concerning such a doctrine and position Yea he doth not sweare at all what he thinketh as though his thinking were the immediat obiect of his oath or the thing which he sweareth but by those wordes I do trulie and sincerelie acknowiedge Professe and testifie in my conscience before God and the world he doth expresse his acte of swearing and protestation and by the ensewing wordes that our Soueraigne Lord King IAMES is lawfull and true King c. aend that the Pope neither by him selfe nor by any Authoritie of the Church or Sea of Rome or by any other meanes with any other hath any power or Authoritie to depose the King c. he expresseth the obiect of the oath and the thing sworne to wit that King IAMES is lawfull King of which no English Catholicke maketh doubt and that the Pope can not depose him Otherwise if by this clause were onlie intended that he that taketh the oath should sweare what he thinketh it should haue been thus expressed I.A.B. do trulie and sincerelie acknowledge professe and testifie in my conscience before God and the world that I thinke and am perswaded that King IAMES is lawfull King and that the Pope can not depose him And I demaund of WIDDRINGTON if the Kinge would make an oath to oblige his subiectes to sweare not that they thinke but that indeed King IAMES is lawfull King and can not be deposed how he could more plainlie haue expressed it then he hath And although WIDDRINGTON is not now afrayd to auerre Widdr. in his Newyearesgift Pag. 62.63 that one may not onlie sweare that he thinketh that the Pope can not depose a Prince but also that absolutelie he can not depose him yet who can lawfullie sweare with such asseueration that the Pope absolutely hath no such power knowing that there are so many Argumentes and so great authoritie aboue produced for the contrarie 18. Let vs cleere the matter by an example of VViddrington his owne alleadginge Widdr. Disp Th. cap. 3. sect 1. num 11. There are two opinions amongst Diuines touching the Conception of our B. Ladie The Thomists say shee was conceiued in originall sinne though by and by after sanctified euen in her mothers wombe The Scotists and others holde that shee was sanctified in the first instant of her conception and so neuer contracted originall sinne at all and this is the more common opinion and most conformable to the practise of the Church celebrating the feast of her sayed Conception though the other be not condemned but allowed Now I demaund of VViddrington who bringeth for him selfe this example whether a Thomist can sweare that our Ladie was conceiued in originall sinne against the other opinion I graunt to Widdrington that he may sweare that he thinketh so if in deed he bee of that opinion for in swearing that which he thinketh he sweareth no falsehood but he can not sweare with the former asseueration that absolutely shee was conceiued in originall sinne he knowing that so many Authours holde the conrra●ie who are also countenanced by the Churches practise and consequently knowing that it is verie probable that the contrarie is true if not truest The same and with more reason may I say to Widdrington in our present case VViddrington holdeth and so do some others whome he produceth but with how little reason and Authoritie we haue seene that the Pope cannot depose Princes nor dispose of any Temporall matters out of his owne patrimonie and Kingdome and so though he ought to depose that conscience and opinion yet so long as he is of that opinion he may sweare that he thinketh so and shall sweare no falsehood if in deed he thinke so But yet he
sayth he let none of you suffer as a murderer or a chiefe or a rayler or coueter of other mens thinges but if as a Christian Catholique let him not be ashamed 1. Pet. 2. Bee you therfore Subiect to euerie humane Creatur for God whether it be to the King as excelling or to rulers as sent from him whether it bee to the Prelate or to the Prince Church or Common wealth it hauing been my onlie intention and the onlie drift of this booke that Prelate and Prince should both haue their due neither should bee iniuried 78. And therfore I exhort you to refuse the Oathe of pretended Allegeaunce because your Chiefe visible Pastour hath forbidden it and for that his Authoritie and Right therin is interessed and yet I would haue you also obey the King in all Temporall and Ciuill causes because such obedience Gods Law commaundeth and consequentlie to defend his Royal parson euen with hazard of your goods Landes and liues to pray for him and his Royall posteritie that he may liue and raigne long in his own person and after in a long posteritie that he may soe gouetn his Kingdome of England heere as he may not loose but gaine a greater Kingdome of Heauen herafter 79 And I most humblie also desire his most Excellent Maiestie An humble petition to the Kings maiestie out of his rare wisdome deepe Iudgement and long experiēce not to esteeme those his onlie faithfull Suhiectes who are best Temporisers because as many of these men serue not so much the King as the tyme and in it their own turnes so if tyme Fortune chaūge they also like the Fishe Polypus which taketh the hewe and colour of the stone to which it cleaueth will chaunge and varie The noble CONSTANT vs Father to CONSTANTINE the Great will be vnto his Maiestie a good President in 〈◊〉 Kinde Hee on a tyme to trye who were like to prooue his most faithfull Subiectes commaunded as EVSEBIVS relateth that all those of his Court Euseb li. de vita Cōstan tini non longe ab initi● who would en●oy his frendship or participate of any his Honours and Dignities which he vsed to bestowe should sacrifice to the Goddes and that they who would not should be expelled the Court and depriued of all honour and fauour At which commaundement some of them loath to loose their honorable places and Dignities obeyed the King and forsaking Christian Religion sacrificed to the Idolles others fearing God more then the King and more him that can kill soule and bodye in hell then him that can kill onlie the body Mat. 10. but can not touch the soule left the Court and all hopes of preferrement rather then they would leaue their Religion or do any thing against their conscience which when the King Sawe he called backe those constant Christians and reiected from his Courte and companie those-false harted Temporizers saying that they whoe were not faithfull to God would neuer be sure and trustie to the King and that they who would not for any thing the world could afforde forsake God or their Religion or do any thing against conscience were most like to prooue most faithfull freinds and Subiectes to their Prince Which President if 〈◊〉 Maiestie our Soueraigne respect accordinglie he will deeme and shall by experience find that those his Catholique Subiectes who out of Religion and Conscience stand most constantlie for their faith the Church and her chiefe Visible Pastour will out of the same Religion and conscience which are the most strong and forcible bondes stand most stiffelie when occasion shal be offered for their King and Soueraigne and will prooue his most obedient peaceble and faithfull Subiectes The Printer to the Reader Although the Authour gentle Reader by publishing this his Treatise so late This is spoken of the first Edition may seeme to haue obserued no oportunitie of time yet I can assure thee that it was two yeeres since readie for the presse and much against his will hath all this while vppon some occasions been differred But seeing that the Oath is still proposed by the Magistrate and by some few also who feare more the losse of a Temporall then an eternall estate taken and moreouer defended he shall not be like to that Phisition who prescribeth Phisick after the disease is cured but rather to him who expecteth till the disease cōmeth to maturitie and ripenesse that so shewing it selfe more euidently he may apply the better remedie Receaue it therefore how late soeuer it come and vse it for thy good according to the Authours desire and sincere intention FINIS FAVLTS ESCAPED IN PRINTING PAg. 7. lin 10. bath corrige hath selue cor selfe p. 8. l. 11. Defert cor Desert p. 1● l 22. to watdes cor towardes p. 14. l. 10. Ind●●h 8. Iudi●h 8. p. 14. l. 21 your co your p. 15. l. 3 Ghildbirth co Childbirth l. 15 eins cor eius p. 17. l. ●6 fornacet rieth cor fornace trieth p. 22. l. 26. substantiam cor substantiam p. 25. l. 2. tberfore corrige therfore p. 26. l. 3 you cor you p. 31. l. 18. visible cor visible p. 33. l. 8. followeth co floweth p. 3● l. 9. and cor and. p. 43. l. 24. gnbernator cor gu●ernator p. 48. l. 29. declare cor declare p. 50. l. 13. meantes cor meanes p. 55. l. 3 priuarelie or pr●uate lie l. 5. children cor children p. 70. l. 1. that is cor that it l. 25. and cor and pag. 71. l. 29. ge cor goe p. 7● l. 11. spirituall cor spirituall p. 75. l. 8 Fightlie cor Eighlie p. 76. l. 18. gouernmet co gouernment p 81. l. 24. defcendeth cor descendeth l. 28 K●uges cor Kinges p. 82. l. 7. out cor our p. 85 l. 5. Enangelists cor Euangelists l. 10. nobis ●o vobis p 81 l. 22. and cor and. l. 2● in●●fidictio cor-iurisdictio p. 87. l. 12. facrifice cor sacrifice p. 91. l. 13. especiallig cor especiallie l. 23. is cor as pag. 93. l 10. infect cor infect p. 96. l. 11. thout cor thought lin 27. excommunication cor excommunication p. 98. l. 29. illnm cor illum p. 100. l. 25. of cor of p. 102. l. 19. bic cor hic l. 20. bellnm cor bellum p. 105. l. 9. ouet cor ouer l. 14. qui cor qui. l. 24. Russinus cor Ruffinus p. 107. l. 9. soue cor sonne l. 28. einsque cor einsque p. 108. l. 14. aud cor and. l. 19 hodie cor holie p. 11. l 16. first cor first p. 119. l. 24. howsoeuer cor howsoeuer p. 110. l. 23. derest cor detest p. 121. l. 3. Ecclesiastiaall cor Ecclesiasticall p. 123. lin 10. is cor if p. 127. l. 17. notwitstanding cor notwithstanding l. 20. snmendum cor sumendum l. 28. Ecclefiasticall cor Ecclesiasticall lin 31. Aristocle cor Aristotle p. 128. l. 5. Church cor Church p. 130. l. 12. os cor of l. 33. Generall cor Generall p. 131. l. 23. enerie cor euerie p. 132. lin 29. eternall cor externall p. 135. l. 12. aster cor after p. 137. l. 33. snpreme cor supreme p. 143. lin 21. gouerue cor gouerne pag. 1●0 l. 21. quicquam cor quicquam pag. 151. l. 19. inconsiderrti cor inconsiderati p. 152. l. 10. BBCAMVS cor BECANVS p 153. l. 16. BYRHIL cor BVRHIL p. 154. l. 20. King cor King p. 155. l. 2. Supremacie cor supremacie p. 172. l. 24. heanen cor heauen lin 33. thetof cor therof p. 174. l. 17. although cor although p. 175 l. 17. Authontie cor Authoritie p. 179. l. 21. selues cor selues p. 186. lin 2. rempnblicam cor rempublicam l 5. The same doth also cor The same doth also p. 187. li. 18. Councell cor Councell pa. 190 l. 32. chrastizing cor chastizing p. 190. l. punish cor punish lin 13. sacrifice cor sacrifice p. 192. infecting co infecting p. 195. l. 18. that cor that p 196 l. 22. be cor he p. 198. l. 9. ther cor the. pag. 200. l. 6 hane cor haue p. 201. l. 25. Kingdomes cor Kingdomes p. 205. l 23. for as cor for as c. pag. 20● l 19. Priuces cor Princes p. 208. l. 25. offensiue cor offensiue p. 214. l. 24. subiect corrige subiect p. 218. l. 11. And cor And. pag. 224. li. 24. selue cor selfe p. 228. l 31. which cor which p. 23● l. 7. Prelares cor Prelates p. 235. l. 6. Lordes cor Lordes p. 237. l. 25. te cor to p. 238. l. 18 hecause cor because p. 240. l. 5. not cor not pag. 243. l. 18. which cor which p. 245. l. 1● should cor should p. 246. l. 28. of cor of p. 249 lin 33. from cor from p. 257. l. 5. Epistle cor Epistles p. 257. l. 18. Regnnn cor Regum pa. 262. l. 17. denouuced cor denounced p. 268. l. 22 contronersie cor controuersie p. 269. l. 22. Englisch cor English p. 270. l. 2 Azorins cor Azorius p. 272. l. 2. cafu cor casu lin 22. edministrare cor administrare lin 28. propoaetion cor proposition l. 30. ne cor one p. 276. l. 21. aud cor and. p. 2●8 l 22 trulie cor trulie p. 279. l. 16. Freunce cor Fraunce p. 284. l. 3. Councell co Councell p. 29● l. 23. murout cor mirrour p. 288. l. 13. subiectes co subiectes l. 18. Queene cor Queene l. ●2 thc co the. p 290 l. 2. where cor were l 28. Thirdlie and lastlie cor Fourthlie and lastly p 297. l. 32. leisnre cor leisure p. 298. l 31. vndes cor vnder p. 2●9 l 12. TViddrington cor VViddrington lin 24. beeause cor because p. 300. l 13. see cor soe p. 312. l. 32. os cor of p. 330 l. 21. Fot cor For. p. 334. l. 2● saferie cor safetie Pag. 351. in marg dele Anton lib 4. and lib. cor l. pag. 353. lin 26 adde before if yet pag 353 lin 30. depose cor depose also pag 465. l last dele of excommunication denounced pag. 361 lin 10. abolendum cor abolendam pag. 368. l. 25. coe correct condemned pag. 368. l. 26. and cor but practised and. pag. 400. l. 23. perswaded cor perswade End
pag. 90. VVhat sayth our learned Country man Doctour SANDERS yf the Bishop should see a souldiour running through the streets with his sword drawn readie to kill euerie one that meeteth him might not the Bishop command some to take his sword from him for the defence of the people and especiallie the Clergie if he may giue one commission to take the sword in such a case from the souldiour why might he not take it from the Captaine yea Prince and Emperour 2.2 q. 10 art 10. Hence it is that the Angelicall Doctour S. Thomas sayth that the Church may free Christians from subiection to Pagan Princes and take from the Princes their Prelacie and Dominion ouer them Yea he sayth that the Church may though she vse not so to do free also Christians subiect to Pagan Princes though the Princes be not subiect temporallie to the Church 6. Secondlie hence I gather The secōd sequel that the Church may make not onlie defensiue but also offensiue warre against any other Prince or Common wealth that shall notably molest or persecute her or invade her Ecclesiasticall right For the Church is an absolute Common wealth subiect at least in Spirituall matters to no other Wherfore as England if it were notably wronged by France might wage warre euen offensiue against it and might not onlie defend it selfe from present wrong but might reuenge it self also of iniuries past so may the Church make warre euen offensiue against both Christians and Pagans for maintenance of her right for although Pagans by reason that they are not baptized and so not subiect to the Church can not be excommunicated or otherwise Spiritually punished by her as rebellious Christians may yet they may be temporally punished by temporall warre in regard that they are subiects as much as is required to inflict temporall punishments ratione delicti by reason of the wronge For so France is not now subiect to England and yet if it should wrong England notably England might punish it by temporall warre because it is subiect at least in this respect ratione delicti by reason of the offence and wrong offred And if the Church may wage warre offensiue against Pagan Persecutors whome she cannot punish Spiritually much more may she against Christian persecutours and Spirituall Tyrants that inuade her right and persecute her faith else she were not an absolute Common wealth nor had not sufficient Authoritie to defend and maintaine her state The sequel 7. Thirdlie If one absolute and independent Common wealth may wage warre defensiue and offensiue against another which is iniurious though otherwise not subiect much more may the Church against the Ciuill Common wealth seing that this is an inferiour state and truly subiect in Spirituall matters For if when two absolute and indepēdent Common wealthes are opposite that which is nocent and offereth wrong must yeeld to that which is innocēt and endureth wrong though otherwise it be neither subiect nor subordinate much more when the Ciuill Common wealth is opposite to the Church and that offreth wrong this receaueth ought the Ciuill Common wealth to yeeld to this it being not altogether absolute but subordinate and subiect therunto 8. But our Aduersaries obiect that the Church hath no Temporall An obiection but only a Spirituall sword and so can onlie excommunicate and inflict Censures but can neither defend nor offend by Temporall armes but rather when her Spirituall sword will not suffice she must haue patience hauing no other weapons to vse And to this purpose they cite those wordes of S. PAVL 2. Cor. 10 The weapons of our warfare are not carnall and those also of the same Apostle 2. Tim. 2 No man being a souldiour to God intangleth him selfe with secular businesses Yea they vrge euen these wordes of our Sauyour Mat. 26. Retourne thy sword into his place And they tell vs plainlie that the Church that is Ca. Clerici c quicun que 20. qu. 8. cap. cos qui 20. q. 3. The Answer Clergie men are forbidden by her own Canōs to make warre To this I haue an easie answer yea many answers First I answer that the ordinarie weapons of the Church are spirituall but when they will not serue for her defence in some cases she may vse temporall armes Secondlie I answer that the Church hath none but Spirituall armes that is spirituall power but by this power she can not only punish Spiritually but also Temporally and by it she can not only dispose of spirituall goods but euen of the Temporall when it is necessarie to conserue the faith and authoritie of the Church Thirdly to answer distinctly to euerie parcell of the obiection I say that the first place is vnderstood of the spirituall power of the Church which is not Temporall nor carnall but spirituall but as this power directlie and ordinarilie medleth only with spirituall matters and pumshments so indirectly and in some cases for the necessarie defence of the Church it can command the Temporall glaiue and handle it also when Princes at her commandement will not vse it to her end The other place forbiddeth only Clergie men to be to much sollicitous and studious about Temporall affaires The third place only forbiddeth to vse the sword for reuenge and by priuat authoritie And therfore after CHRIST had bidden S. PETER put vp his sword 1. Pet. 2. he addeth that all that take the sword shall perish with the sword which must needs be vnderstood of priuat men who indeed take it but receaue it not from authoritie For the Magistrate who receaueth the sword from the Prince may and must vse the same for the punishment of malefactours As for the alleaged Canons which forbid Priests and Religious to goe to warre I graunt that ordinarily they must not goe to warfare because it is not beseeming their function and is for that cause forbidden but yet by dispensation of the Chiefe Pastour they may D. Th. 2.2 qu. 40. a. 2. ad 3 Caietan ibidem Bannes ibid. dub 2. cou 2. dub 3 con 1. Couar Relect. in Clement Furiosus p. 2. §. 3. n. 2. and in case of great necessitie as if otherwise the Common wealth could not be defended they may and must euen without dispensation because to this they are bound by the law of Nature frō which the law of the Church doth not derogate no more then Grace doth from Nature as all Diuines do auouch If Priests then may fight and vse their temporall sword and armes for the necessarie conseruation of the Common wealth much more may they for the defence of the Church 9. And certes if the Church could not do this in such case of necessitie CHRIST had not sufficiently prouided for her nor giuen her that Authoritie which is requisite to euerie absolute Common wealth For what if Turkes and infidels should inuade the Church ruine her Temples and Monasteries despoile her of her Bishopricks and benefices