very first so fraudulent friuolous and contrarie to his owne profession as you haue heard in this Chapter Thus you see with what bitternesse Mr. Fitzherbert concludeth his first Chapter 43 But if hee had beene pleased to haue dealt vprightly and as hee hath in a most spitefull manner vrged against me this obiection which is taken from his Holinesse Breues so also he had set downe the answere which in the tenth Chapter of my Theologicall Disputation I gaue thereunto the Reader would presently haue perceiued that my Aduersarie hath passed the bounds of Christian charitie and iustice in wrongfully accusing me of impudencie impietie and disobedience to the Apostolicall decree of S. Peters Successour whose obedient child I did there and also I doe heere professe my selfe to be and am readie to obey in all those things wherein according to the grounds of Catholike Religion hee hath authoritie to command Neither can my Aduersarie without blushing affirme either that the Popes Holinesse albeit hee bee Saint Peters Successour cannot erre in his particular commands and decrees which are not propounded to the whole Church but to particular Churches or Kingdomes or that any Catholike is bound to obey him in those things wherein according to the doctrine of learned and vertuous Catholikes hee hath no authoritie to command 44 First therefore I shewed in that place out of the doctrine of Fa. Suarez that there are two sorts of humane precepts as well Ecclesiasticall as Ciuill The one is called a constitutiue precept which of it selfe maketh that thing which it forbiddeth to bee vnlawfull which otherwise if that precept were not would not bee vnlawfull as the eating of flesh in Lent and the doing of seruile workes vpon Sundaies and Holidayes which if they were not forbidden by humane lawes would not be vnlawfull And although a constitutiue precept of humane power may sometimes binde with danger of some great temporall losse as of goods libertie yea also of life yet the Ecclesiasticall law setting aside scandall and contempt which are forbidden by the law of God and nature doe seldome or neuer binde with very great temporall harme and therefore wee are not bound to abstaine from flesh in Lent or from doing seruile workes vpon Sundaies and holidaies when we are like to incurre thereby any probable danger of some great temporall hurt 45 The other is called a declaratiue precept which doth not of it selfe make but suppose and declare the thing which it forbiddeth to be vnlawfull as being before prohibited by some other former law as theft murder drunkennesse and such like which are otherwise forbidden by the law of God and nature And this kind of precept as well obserueth Suarex dependeth onely vpon the reason for which the act is commanded or forbidden or which is all one vpon the precedent law from whence all the obligation of the declaratiue precept doth proceed Insomuch that if the reason be not true and that there is no such precedent law or obligation as the declaratiue precept affirmeth to be the declaratiue precept hath no force to binde at all and with the same certaintie or probabilitie we are bound or not bound to obey a declaratiue precept as it is certaine or probable that there is or is not any other former bond and obligation 46 As for example his Holinesse doth by his Breues forbidde all English Catholikes to take the new oath of allegiance for that therein are contained many things which are cleerely repugnant to faith and saluation If therefore it be certaine or probable that nothing is contained in this oath which is repugnant to faith or saluation it is also certaine or probable that this declaratiue precept of his Holinesse which is grounded vpon this reason that something is contained therein contrary to faith and saluation is according to the doctrine of Suarez of no force to bind neither are English Catholikes by vertue of this declaratiue prohibition bound to refuse the said oath 47 Secondly I also shewed in that place that this declaratiue command of his Holinesse forbidding Catholikes to take the oath for that it containeth many things flat contrary to faith and saluation is such a declaratiue precept which is not grounded vpon any infallible reason or definition of the Church but onely vpon his opinatiue iudgement that his reason is true and that either his power to excommunicate and consequently his spirituall Supremacie is denyed in this oath which is very vntrue or that his power to depose Princes which is denyed in the oath is a cleere point of faith and necessarily included in his spirituall Supremacie and consequently the denyall thereof is plainly repugnant to Catholike faith Which being so it is manifest that wee are no further bound to obey this declaratiue prohibition of his Holinesse then we are bound to follow his opinion and to belieue that eyther his power to excommunicate or some such like is denyed in the oath or that whosoeuer denyeth his power to depose Princes denyeth the Catholike faith 48 Whereupon I concluded that considering neither his power to excommunicate or any such like is denyed in this oath as I haue prooued at large against Card. Bellarmine and others nor that his power to depose Princes which is expressely denyed in the oath is certaine and of faith the contrary doctrine being probable and also maintained by many learned Catholikes as partly also I haue already prooued by the testimonie of learned Catholikes before alledged and heere beneath by answering all my Aduersaries obiections I will make it more manifest Part. 1. per. tâ—tum there can bee made no doubt but that any English Catholike may with a safe conscience or without any crime of disobedience to his supreme spirituall Pastour or any preiudice to Catholike faith refuse to obey his Holinesse declaratiue command which is onely grounded vpon such an opinion which considering the contrary is probable and defended by many learned Catholikes may without any note of impudencie impiety or disobedience be reiected by Catholikes 49 Thirdly I also affirmed in that place that no Catholike doth onely for this cause take the oath or thinke it to be lawfull because the Kings Maiestie being of a contrarie Religion doth command it or thinke it to be lawfull as though those Catholikes who take the oath doe it onely vpon the Kings bare word affirming the oath to be lawfull and seeme thereby to preferre the opinion of a Protestant Prince in things which in some sort doe belong to Religion before the opinion of our supreme spirituall Pastour but because the Kings Maiestie being our lawfull Prince and Soueraigne Lord in temporals what religion soeuer hee professeth hath established an oath of allegiance to make a triall how his Catholike subiects stand affected towards him in point of their loyaltie and due obedience and commanded all Catholikes to take the same which oath learned Catholikes for probable reasons doe thinke to be truely in oath of temporall allegiance and to
chapter to prooue by the subordination of temporall things to spirituall that the Pope because he hath power to command and to dispose of spirituall things which as he said are the principall and to which temporall things are subordained hath power also to dispose of temporals and thereupon grounded his argument vpon that rule of the law The accessorie followeth the principall which argument neuerthelesse how weake and insufficient it is I haue shewed in that place yet Lessius doth not ground his argument vpon that rule The accessorie followeth the principall but vpon this maxime He that can doe the greater can doe the lesse from whence he concludeth that the Pope because he can excommunicate a King which is the greater punishment can also depose a King which is the lesse But this argument also is very insufficient for that the aforesaid maxime is not generally true as I prooued by foure instances except the lesse be actually or vertually included in the greater as deposition or the power to depose a King is neither actually nor vertually included in excommunication or in the power to excommunicate Therefore vnlesse it be first prooued as hitherto it hath not bene that deposition is actually or vertually included in excommunication or the power to depose in the power to excommunicate it is euident that no good argument can be drawne from that maxime He that can doe the greater can doe the lesse to proue that the Pope because he hath power to excommunicate a King which is the greater hath power also to depose him which is the lesse 13 Now you shall see how well Mr. Fitz. confuteth the foure instances I brought against Lessius argument This being so saith he c Nu. 67. pag. pag. 33. let vs examine a little what goodly arguments Widdring hath made to confront with the former to discouer the absurdity which he supposeth therein The first is Potest Papa Reges excommunicare ergo occidere The Pope may excommunicate Kings and therfore he may kill them whereto I answere as I did in the like before that he bewrayeth herein his malice seeking to draw vs to a most odious question supposing as it seemeth and maliciously insinuating that wee hold and teach that the Pope hauing excommunicated and deposed a King may murther him or cause him to be murthered and that some Popes haue practised the same as some shamelesse Sectaries haue impudently affirmed wherein he sheweth his good affection to Catholike Religion and the reuerend respect he beareth to the Sea Apostolike 14 But if he vnderstand nothing else by the word occidere but to take away the life of a delinquent by lawfull meanes I haue answered him already that if hee make the case his owne for with Princes liues I will not meddle I make no doubt but the Pope hath power ouer his life and therefore I also say further now concerning the argument whereof we treate that the consequence thereof is good in him and such a hee for seeing that it is a greater power to take away the life of the soule by excommunication then of the body by temporall death it followeth that the supreame Pastour hauing the greater power hath the lesse by reason of the subordination of the body to the soule and his supreame power to dispose of the body for the good of the soule and the publike benefite of the Church And thus much for this point 15 But to this Reply I will at this time answere no otherwise then I did before that in very deede it is a most odious question and the doctrine is worthie to bee hated and detested by all good Catholikes and whether such an odious detestable doctrine can be a most plaine necessarie cosequence of an vndoubted point of the Catholike faith as my Aduersaries will needes haue the doctrine for the Popes power to depose Princes and consequently to kill them which by an euident and necessarie consequence followeth from the former to be an infallible point of Catholike faith I remit to the consideration of any iudicious man Neither is it true that I did vrge this argument of malice God is my witnes and therefore in this my Aduersarie doth greatly wrong me neither doe I suppose or maliciously insinuate that some Popes haue practised the murthering of Kings as this vncharitable man vntruly affirmeth thinking thereby to perswade his Reader that I beare no good affection to Catholike Religion nor any reuerend respect to the Sea Apostolike but that which I suppose and insinuate is that he the rest of his Societie who hold that the Pope hath power to dispose of all the temporals both of Princes and subiects in order to spirituall good in as ample a maner as temporal Princes haue power to dispose of all the temporals of their subiects in order to temporall good must consequently hold that the Pope hauing excōmunicated deposed by his sentence an heretical King yea also without excōmunicatiō or deposition if the Pope shal think that neither of them wil preuaile but cause the said King to be more watchful may which I speak with horror murther him or cause him to be murthered that is may kil him or cause him to be slaine by all those meanes publike or secret by which a temporal Prince hath power to murther or cause to be murthered that is to kill or cause to be slaine any traiterous subiect or manifest rebel that cānot easily be apprehēded 16 And this I did demonstrate in my d Nu. 43 s Apologie against Cardinall Bellarmine to which my demonstration D. Schulckenius e In Apol ad nu 43 p. 144. answereth no otherwise then with a transeat let it passe For whither all this doth tend saith hee euery man seeth neither is it hard to solue the arguments Let them passe as making nothing to the matter and then hee maketh a long discourse to shew that neuer any Pope hath beene the cause of the death of any King which is nothing to the purpose so that in effect he granteth my argument and Suarez f In Defens c. l. 9. c. 4. n. 10 See my Appen against Suarez part 1. sec 9. hath now more expresly taught the same and my Aduersarie also doth heere plainly confirme as much for although forsooth with the liues of Princes he will not intermeddle because it is an odious question yet he maketh no doubt but that the Pope hath power ouer my life and ouer the life of any Christian marke these generall words for that he hath power to take away the life of my soule by excommunication and consequently the life of my body by corporall death which his reason proueth also the same of Christian Princes who according to his own grounds can be excōmunicated by the Pope But I'meruaile where this man hath learned this new diuinity that the Pope hath power to take away the life of the soule by excommunication The ancient and true Catholike doctrine
the authoritie of the Church resident either in her head the Pope or in her body a Councell to publish this declaration And not onely all the other parts of the Catholike Church but likewise all the Doctours who liued in Farance from the first setting vp of Schooles of Diuinitie amongst them haue held the affirmatiue opinion that in the case of hereticall or infidell Princes and such as persecute Christianitie or Catholike Religion their subiects may bee absolued from their Oath of Allegiance By meanes whereof though the contrarie doctrine were the truest yet notwithstanding all the other parts of the Church being against it you cannot hold it for more them problematicall in matter of faith I call that doctrine problematicall in matter of faith which we are not bound to beleeue by necessity of faith and the contradictorie thereof doth not binde them that belieue it with Excommunication and disunion or separation from the communitie Otherwise you must acknowledge that the communion which you exercise with the other parts of the Church holding the contrary doctrine yea euen that communion which you conserue with the memorie of your predecessours was vnlawfull defiled with heresie and excommunication 17 Thus you see that the Cardinall of Peron doth altogether auoide the maine question which is betwixt my Aduersaries and mee to wit concerning the Popes power to depriue a Prince of his Regall authority wherewith before his sentence of depriuation he was endued and ioyneth two questions together which nothing belong to our new Oath The first is whether if a Prince who either by himselfe or by his Predecessours hath made an oath to liue and die in the Christian Catholike Religion and afterwards becommeth an hereticke or infidell and laboureth to draw his subiects to the same may not bee declared fallen from his right as culpable of felony towards Christ to whom he hath made his Oath and his subiects may not bee declared absolued from their oath of allegiance The second question is whether the Pope or Church haue not authority to publish this declaration Now neither of these two questions appertaine to our new Oath nor are as yet called in question by mee For as concerning the later supposing that a Prince by reason of heresie or Apostacy either is actually depriued and fallen from his right to raigne which the Cardinall of Peron following therein Philopater seemeth heere to maintaine or else may for the same be depriued thereof by the Common-wealth no Catholike will make any doubt but that this being supposed the Pope or Church may declare him an hereticke or Apostata and consequently to be fallen thereby from his Royall dignity according to Philopaters doctrine or to bee depriued thereof by the Common-wealth as others contend and to declare that his subiects are either actually discharged or to be discharged of the naturall and ciuill bond of their temporall allegiance and consequently of their Oath or sacred bond which was made to confirme the same For no Catholike can make any doubt that to declare the law of God and who is an hereticke or infidell is a spirituall action and belongeth to the spirituall authority of the Church 18 But with the former question forasmuch as it may concerne what authority the Common-wealth hath to depriue hir Soueraigne Prince of his Royall right in case that he should forsake the Catholike faith which he hath once professed although as I haue often said I wil not intermeddle for not giuing my Aduersaries occasion to decline the principall question concerning the Popes authority to depriue hereticall Kings of their Regall power which they had before his sentence of depriuation neuerthelesse this scandalous and desperate position of Philopater against which I was somewhat vehement in my Apologie and yet is quite passed ouer with silence by D. Schulckenius which may bee some coniecture that hee also fauoureth that doctrine to wit that a Prince who maketh open profession of Arianisme or Mahometisme or any such like infidelitie and goeth about to plant the same within his dominions doth fall thereby ipso facto from his Regall authority and right to raigne albeit either himselfe or his predecessours haue made an oath to liue and die in the Catholike faith I account to be a very false damnable and seditious doctrine tending to the perturbation and subuersion of all temporall States wherein there is not a perfect vnitie of Religion giuing occasion to hereticall and infidell Princes not to become Catholikes fauouring that damnable doctrine which teacheth that among heretickes and infidells there is no true ciuill dominion authoritie or Iurisdiction and what Romane Catholike soeuer hee bee that maintaineth and teacheth the same in this kingdome I account him to speake plainly a manifest Arch-traitour for that hee must consequently maintaine that our Soueraigne Lord KING IAMES is not our true and rightfull King because albeit not he himselfe yet some of his predecessours haue solemnly sworne to liue and die in the Catholike Romane faith 19 For seeing that by Gods permission heresies must be according to that of Saint Paul 1. Cor. 11. Oportet haereses esse what State can be secure from continuall feares of tumults and insurrections when the subiects according to this doctrine must bee perswaded that their Prince if hee bee of a contrary Religion to that which they in their hearts professe and thinke to bee Catholike and seeke to draw them to his Religion as all Princes vsually doe is not a true and rightfull Prince but falne from his right to raigne and by their Church which they as also all heretickes thinke to be the true Catholike Church may be declared so to be With what security can any King whether he be a Catholike or no permit in his dominions any Religion contrary to his owne when his subiects of the contrary Religion must be perswaded that he is falne from his right to raigne if hee seeke to draw them as all Princes vsually do to his owne Religion With what security also can any hereticall or infidell Prince whose kingdome is wholly or for the greatest part infected with heresie or infidelity become a Catholike and seeke to draw his subiects to Catholike Religion when his subiects who are no Catholikes must according to the principles of this doctrine be perswaded that he is a rebell to God and an enemy to that Religion which they thinke to bee true and hath broken the oath which he or some of his predecessours haue made to liue and die in their faith and religion and consequently is fallen from his right as culpable of felony towardes GOD to whom hee hath made the oath of this Realme 20 Besides this assertion fauoureth that false not to say erroneous doctrine which teacheth that ciuill dominion is founded in grace or faith that in heretickes or infidells especially who seeke to draw their subiects to their heresie or infidelity as all heretickes and infidels commonly doe there is no ciuill authority
Pope the doubts and difficulties which his commandement hath brought to his perplexed conscience desire him yea and charge him in regard of his Fatherly care and Pastorall office that he will vouchsafe to teach him and instruct him in what manner hee may quiet his minde and take away those difficulties which his commandement hath brought to his troubled conscience 18 Whereupon it is a common doctrine among Diuines that when a Superiour or Prelate commandeth any thing whereof the subiect hath a probable doubt whether it bee lawfull or no hee is not bound forthwith to obey And this is also conforme to the rule and instruction which Pope Alexander the third giueth to the Archbishop of Rauenna and it is recorded in the Canon law among the Popes Decretals Si quando aliqua tuae fraternitati c. If at any time Cap. si quando de Rescriptis saith the Pope we direct any thing to thy brotherhoode which doth seeme to exasperate thy mind thou oughtest not to be troubled c Considering dâ—ligently the quality of the matter for which we write vnto thee either reuerently fulfill our commaundement or by thy letters shew a reasonable cause wherefore thou mayest not fulfill it for wee will suffer patiently if thou doe not that which was suggested vnto vs by bad insinuation or information And among others Dominicus Sotus writeth thus Sot de detegen secret memb 3. q. 2. in Resp ad primum Prelates and Iudges are not in possession in respect of their subiects vnlesse for as much as they command lawfull things and therefore when it is doubtfully whether they commaund a lawfull thing then if it be in preiudice of a third person because that third person is also in possession of his fame goods the subiect must incline to that part where there is the lesse danger Neither are Prelates who command nothing whereby is feared any danger to Religion or the Common-wealth or to a third person bound to render a reason but simply they must bee obeyed also in doubts as it hath beene said before because then there is no danger if it be presumed that the Iudge commandeth iustly But when such a danger to Relegion or to the Common-wealth or to a third person is at hand then if the Subiect doubt he doth not against obedience if he require of his Prelate a reason of his commandement propounding humbly the reason of his doubt 19 And that this is our very case in refusing to obey his Holinesse Breues forbidding Catholikes to take the new Oath of allegiance by which prohibition such great preiudice to Religion to the Common-wealth to his Maiestie and to all his Catholike Subiects is like to arise and in humbly propounding to his Holinesse the reasons of our doubts any man of iudgement may plainely perceiue And if his Holinesse hauing taken vpon him the charge and office of the Supreame spirituall Pastour and thereby is bound by the expresse commaundement of Christ to feede without exception all the sheepe of Christ his flocke that is not onely to punish correct and threaten them but also to teach and instruct them in the Catholike faith and in all things necessary to saluation especially when vpon vrgent cause they require it at his hands if he will not vouchsafe to instruct the soules of vs poore English Catholikes who by his Breues haue beene so greatly troubled and perplexed and declare vnto vs some one of those many things which he saith are in the Oath manifestly repugnant to faith and saluation we hauing by priuate and publike letters and petitions so often so instantly and so reuerently demanded it at his hands but instead of instruction to send threatnings Censures and prohibitions of our humble Supplications to be instructed by him whereby our credit and good name is taken away by the vncharitable courses of some violent men what great an account both his Holinesse and his Counsellers herein haue to render at the day of iudgement to Christ our Sauiour the supreame Pastour and Iudge of all I tremble to consider and I pray Almighty God with all my heart that both his Holinesse and they of his Counsell may more duely consider thereof before it be to late 20 Thus thou hast seene the two reasons and answeres which I brought why any Catholike man may lawfully and without any irreuerence or vndutifull respect to his Holinesse not obey his declaratiue precept contained in his Breues now you shall see with what fraud and ignorance my vnlearned Aduersary hauing fraudulently concealed the first reason and answere whereon I did chiefly rely cauilleth against the second and lesse principall reason or answere and taxeth mee of irreuerence and want of respect to his Holinesse for saying that his Holinesse was by all likelihood misinformed of the true sense of the Oath by Cardinall Bellarmine and other Diuines of Rome and consequently deceiued and abused by them 21 For can any man saith M. Fitzherbert k Pa. 212. nu 2. with reason perswade himselfe that in such an important matter as is this of the Oath so famous or rather to say truely so infamous throughout Christendome so preiudiciall to the Romane Sea so dangerous and burdensome to the consciences of English Catholikes and so pernicious to their temporall states as the world knoweth it to be can any man I say with reason imagine that his Holinesse did not at the very first before hee published his first Breue see the Oath it selfe maturely weigh and ponder it yea and sufficiently informe himselfe of all circumstances necessary to the publication of his Apostolicall and iudiciall sentence this truely cannot be imagined of his Holinesse by any charitable Catholike 22 But first to retort this friuolous argument of my vnlearned Aduersarie vpon Cardinal Bellarmine and his booke published against the Oath can any man with reason perswade himselfe that in such an important matter as is this of the Oath so famous throughout Christendome and which so much concernech the Romane Sea the Soueraigntie of temporall Princes the consciences and temporall states of English Catholikes and their obedience due to God and Caesar as the world knoweth that it doth can any man I say with reason imagine that Cardinall Bellarmine so learned woorthy and reuerent a man did not at the very first before he published his booke against his Maiesties Apologie for the Oath see the Oath it selfe maturely weigh and ponder it yea and sufficiently informe himselfe of all circumstances necessary to the publication of his booke and yet it is euident as his Maiestie also hath conuinced that Cardinall Bellarmine did not rightly informe himselfe of the whole matter and of the true sense of some clauses of the Oath and was deceiued and abused English Catholikes in affirming so boldly that the Popes power to inflict Censures and to excommunicate his Maiestie is denied by those words of the Oath notwithstanding any sentence of Excommunication c. which any
no Catholike is bound to admit his Holinesse Breues forbidding Catholikes to take the Oath and to obey his declaratiue commandement contained therein for the reasons signified before which I humbly propounded to his Holinesse desiring him most earnestly as being our chiefe Pastour Teacher and Instructer to giue vs some satisfaction therein yet I cannot therefore in the iudgement of any learned man bee iustly accounted a disobedient childe to his Holinesse seeing that it is euident as I shewed before out of Dominicus Sotus that if a Superiour imposâ— a commandement whereby danger is feared to Religion or to the common-wealth or to a third person as all the world knoweth that the forbidding of the Oath is heere in England preiudiciall to Catholike Religion to his Maiestie and the temporall State and to all his Catholike subiects if the subiect be doubtfull that such a danger will arise he is not bound foorthwith to obey but he may without any disobedience demaund of his Prelate a reason of his commandement propounding humbly the reasons of his doubts 103 Besides Luthers doctrine was within two yeeres condemned not onely in generall words but also his propositions were specified in particular both by Pope Leo himselfe in his particular Bull concerning the same and also by the famous Vniuersities of Paris Louan and Collen But albeit two of my bookes are by a particular decree of the Cardinall forbidden in generall and I commanded vnder paine of Censures to purge my selfe forthwith yet they haue neither expressed any one proposition in particular neither as yet can I get them to name one proposition which is repugnant to faith or good manners although I haue most earnestly requested to know the same protesting from my heart to bee most readie to correct what is to bee corrected to purge what is to bee purged to explaine what is to be explained and to retract what is to bee retracted which their different proceeding against me and Luther doth plainly argue that they haue begun a worke which they cannot with their reputation continue and that there is no such dangerous doctrine contained in my bookes as Cardinall Bellarmine against whom I did chiefly write and who is my accuser Aduersarie and Iudge hath by all likelihood informed them and would gladly to saue his owne credit and that he hath not falsly to his great dishonour accused me and my doctrine of errour heresie and of being no good Catholike would make the world beleeue for which at the day of iudgement hee shall render a strict account And thus you see that this comparison which my indiscreete Aduersarie hath to disgrace me made betwixt me and Luther doth nothing helpe but greatly hurt his cause 104 Now you shall see what a fraudulent and vncharitable obseruation hee gathereth from hence That which I wish saith he z Pag. 121. nu 18. 19. to bee obserued heerein is how little heed is to bee taken to Widdringtons submission of his writings to the Roman Church he should haue saide Catholike Roman Church considering his doctrine and the course he holdeth in the maintaining thereof For as Cicero saide by Epicurus who wrote sometimes very vertuously and thereby deceiued many it is not so much to be considered what hee writeth as what his grounds and principles are and how well his writings agree therewith as for example what opinion he or any other hath or can haue of the authoritie of the Sea Apostolike who purposely impugneth the iurisdiction thereof contradicting as I haue shewed sufficiently in this Reply the ancient and generall practise of the Church the expresse Canons thereof and the Decrees of Popes and Generall Councells vpon an absurd supposition partly of a bare probabilitie in his own doctrine partly of a possibilitie of errour in Decrees touching matters of fact which he is not ashamed to say of the Decree of the famous Oecumenical Councel of Lateran albeit all Catholikes doe vniformely teach that generall Councells lawfully assembled and confirmed by the Pope cannot erre in any generall Decree touching either faith or manners as I haue sufficiently signified before a See chap. 16. nu 11. and 12. Besides that he vseth the very obiections arguments answeres shifts and euasions of heretikes discouering now and then such an arrogant proud and malicious spirit towards the Sea Apostolike that no zealous Catholike can reade him without great disgust and indignation or can take him for any other then an heretike disguised and masked vnder the vizard of a Catholike 105 But to answer the false and fraudulent obseruation or rather shamefull calumniation of this malignant spirit which hee would gladly colour with the luster of a faigned intemperate and Pharisaicall zeale to the Sea Apostolike I may rightly say to him as Saint Paul sayde to Elymas the Magician O plene omnidole omnifallacia Act. 13. c. O full of all guile and of all deceipt c. For to begin with his later wordes I doe not vse any other obiections arguments and answeres then which vertuous and learned Catholikes haued vsed before mee neither doe I discouer any arrogant proude or malicious spirit towards the Sea Apostolike whom I reuerence and respect with all my heart onely the plaine truth which Catholike Doctours haue said before me and which oftentimes breedeth enmitie I doe modestly reuerently and without any flattery which commonly procureth friends â—â—â—downe And this vncharitable and ignorant man might haue done well to haue named some one particular shift or euation which I haue vsed and which onely heretikes and no Catholikes doe vse or wherein I discouer such an arrogant proud and malicious spirit towards the Sea Apostolike that no zealous Catholike can reade it without disgust and indignation or take me for any other than an heretike disguished and masked vnder the vizard of a Catholike But this is a vsuall tricke of slanderers and backbiters to vse such generall speeches lest if they should descend to particulars their malicious and lying spirit would presently bee discouered 106 Secondly this silly man cannot prooue that any one thing either concerning my doctrine and the grounds and principles thereof or concerning the course which I hold in the maintenance thereof doth not agree with the submission I made of my writings to the censure and iudgement of the Catholike Romane Church For I doe not impugne any authoritie or iurisdiction which the Catholike Romane Church acknowledgeth as due to the Sea Apostolike but I impugne onely the Popes authority to depose Princes and to inflict temporall punishment as a thing certaine and necessarily to be belieued or maintained by Catholikes for that the Catholike Church neuer acknowledged this authoritie to be due to him neither was this doctrine in the primitiue Church and for many hundred yeares after by the ancient Fathers so much as dreamed on but it hath been challenged practised by some Popes since the time of P. Gregorie the 7. Res ante ea secula inaudita
A thing not heard of before that age saith Onuphrius which their practise and the doctrine thereof hath neuerthelesse been euer contradicted by Christian Princes and their Catholike subiects and therefore it cannot be rightly called the generall practise of the Church nor ancient but in respect of this our age not from that practise can any sufficient argument be drawne to proue the doctrine to be certaine and of faith and that the contrary cannot be maintained by any Catholike without the note of heresie errours or temeritie Neither doe I contradict or impugne the expresse Canons of the Church the decrees of Popes and generall Councels and especially of that famous Lateran Councell but I expound them according to the probable doctrine of learned Diuines * See aboue in the first part of this Treatise See aboue chap. 11. from nu 3. cha 12. from nu 56. and Hostiensis vpon the same Canon Per venerabilem and exposition of the Canonists cited by Innotentius Hostiensis and Ioaâ—â—r Andreas vpon the Canon Ad abolendam and as the Glosse with those Doctors whom Hostiensis mentioneth and calleth them Masters vnderstand the Canon Per venerabitem Qui sily sint legitims and I impugne and contradict the doctrine and expositions which my Aduersaries make of the Canons of the Church and especially of the Decree or Act of this famous Lateran Councell 107 Thirdly that obseruation which my spightfull Aduersary vrgeth against me may be also vrged against Cardinall Bellarmine and many other zealous and learned Catholikes who notwithstanding their submission to the Catholike Romane Church yet they purposely impugne the authoritie and iurisdiction of the Sea Apostolike contradicting the Popes authority and dominion directly in temporals his power to dispence in certaine vowes and in marriage which is not consummated to giue leaue to inferiour Priests to minister the Sacrament of Confirmation to define infallibly without a generall Councell c. albeit diuers Popes haue practised and maintained the contrary And therefore if this mans inference be good little heede is to bee taken to their submission of their writings to the Catholike Romane Church seeing that they purposely impugne the authority and iurisdiction of the Sea Apostolike But the plaine truth is that little heede is to be taken to the writings of this ignorant and vncharitable man seeing that to prooue me to be no other than an heretike disguised and masked vnder the vizard of a Catholike he bringeth such childish and witlesse arguments which may bee retorted vpon Cardinall Bellarmine and many other learned and zealous Catholikes who purposely impugne that authority and iurisdiction which some onely or a great part of Catholikes but not the Catholike Church or all Catholikes doe acknowledge as due to the Pope 108 But now this vncharitable man at the last vpshot will not shoot at randome as he hath hitherto done but he will forsooth hit the very marke and will manifestly prooue that no zealous Catholike can take me for any other then an heretike disguised and masked vnder the vizard of a Catholike And what more manifest argument saith he b Pag. 222. num 20. can a man desire of the truth hereof then that his Bookes are printed Cosmopoli and Albionopoli that is to say in good English in London with the consent and approbation of my Lord of Canterbury his fellowes Can any man perswade himselfe that their Lordships are turned Papists of late or that they would suffer books to be printed vnder the name of Catholikes with Epistles dedicatorie to the Pope and submission of the whole to the Censure of the Romane Church hee should haue added also Catholike if they did not know that the Authour thereof meant the same for a meere mockery and derision of his Holinesse honouring him as the Iewes did Christ when they kneeled downe and adored him saying Aue Rex Iudaeorum and spitting in his face 109 But although I am infinitely wronged and slandered by this vncharitable man in falsly accusing me of the greatest and most infamous crime that may be to wit of heresie and Apostacie and bringing such ridiculous arguments to prooue the same for the which at the day of iudgement he hath much to answere yet in very deed I doe in some sort pitty the silly man for that before he began to enter into this difficult controuersie wherein he shewed himselfe to haue so little skill he was of some account among English Catholikes and now hee hath so much empaired or rather quite lost that credit and good estimation they had of him by discouering so grosly his great want not onely of Theologicall learning but also of morall honestie The like vncharitable proceeding and vpon the like vncharitable friuolous grounds this zealous Father vsed against the Appellant Priests in the time of Pope Clement the eight to disgrace them with his Holinesse as hauing intelligence with the State and to be no good Catholikes c. but the effect hath prooued and Pope Clement also to the confusion of my backebiting Aduersary and his adherents hath confirmed and which also I make no doubt but that his Holinesse and all the world will ere it be long see and acknowledge concerning their course taken against mee that Mentita est iniquitas sibi Iniquitie hath belide it selfe 110 Marke now vpon what goodly principles hee relyeth to prooue mee to be no other then a hereticke disguised and masked vnder the vizard of a Catholike My bookes saith he are printed at London with the consent and approbation of my Lord of Canterbury and his fellowet Be it so therefore from hence we may very well conclude that all English Catholikes are infinitely bound to his Maiesty and the State who albeit by reason of that execrable Gun-powder plot the damnable grounds and principles from whence it was deriued might haue taken a fit occasion to repute all Catholikes without any distinction or difference of persons to be capitall enemies to his Maiestie and his temporall State and to perswade themselues and all the Protestant Subiects of the Realme that no true and constant Romane Catholike can be a true and constant subiect to his Maiestie yet his Maiestie and the State out of their most gracious fauour and clemencie were contented to permit his Catholike subiects to cleere themselues if they could of this most foule imputation so dangerous to themselues and so scandalous to their Religion and to make knowne to the whole world that according to the true grounds and principles of Catholike Religion his Maiestie might be assured that they might continue both his true obedient and constant subiects in all temporall affaires by vertue of the naturall bond of their temporall allegiance which the Pope hath not power to dissolue and also dutifull children of the Catholike Romane Church and of his Holinesse in all spirituall matters among which the deposing of Princes and the disposing of temporals are not according to the doctrine of
learned Catholikes to be numbred 111 And for this cause and vpon this motiue as I coniecture his Maiestie and the State suffered vs to write like Catholikes of this point and according to the grounds and principles of the Catholike Religion which wee professe and to submit our writings to the Censure and iudgement of the Catholike Romane Church and to dedicate them to his Holinesse to the end they might see what he or other Catholikes would or could except against our doctrine But this fradulent and vncharitable man who like the diligent and carefull Bee might as you haue seene from this permission consent or approbation of his Maiestie and the State gather hony to comfort the afflicted hearts of distressed Catholikes and to appease and mollifie the wrath indignation and bad opinion of his Maiestie and the whole kingdome conceiued against vs by reason of that most horrible and abhominable Powder-Treason plotted and attempted by Catholikes doth like the craftie and malignant serpent gather from thence poyson to inflict and afflict the hearts of his Catholike Countrey-men and to exasperate his Maiestie and the State against himselfe and other Catholikes and to increase the indignation and bad opinion which the whole Realme hath conceiued against vs wherein hee discouereth his ill affected minde towards his Maiestie and his great want of charitie towards his afflicted brethren 112 But let vs goe on and see his childish collection For can any man saith he perswade himselfe that their Lordships are turned Papists of late or that they would suffer bookes to bee printed vnder the name of Catholikes with Epistles dedicatory to the Pope and submission of the whole to the Catholike Romane Church if they did not know that the Author thereof meant the same for a meere mockery and derision of his Holinesse honouring him as the Iewes did Christ when they kneeled downe and adored him saying Aue Rex Iudaeorum and spitting in his face 113 It is very true that no reasonable man can perswade himselfe that their Lordships and the State are turned Papists of late for permitting Catholikes to free themselues from this scandalous and slanderous imputation which this ignorant and vncharitable man and his fellowes would lay vpon them and to suffer their bookes to bee printed vnder the name of Catholikes with Epistles dedicatory to the Pope and submission of the whole to the Catholike Romane Church as likewise no reasonable man can perswade himselfe that Bishop Bancroft and the State were turned Papists for permitting the Apellant Priests to defend their innocency and to free themselues from so many scandalous and slanderous crimes which this vncharitable fellow with Fa. Parsons and his adherents did obiect against them and to suffer their bookes to be printed vnder the name of Catholikes and some of them to be dedicated to the Pope and to the Cardinalls of the Inquisition and with submission of the whole to the Censure of the Catholike Romane Church and also for furthering their Appeale by releasing some out of prison for that purpose and by letters moouing the king of France in their behalfe that he would be a meanes to his Holinesse that their cause might be heard and they not to be oppressed through the potency of their Auersaries in the Court of Rome and that if they were wronged they might bee freed of those slanderous imputations and if faultie they might accordingly be censured for which fauours those Priests and all their adherents were bound to giue most heartie thankes to her Maiestie and the State by whose meanes they made knowne to the world their innocencie and oppression to the euerlasting shame and discredit of their Aduersaries who in the like manner doe now proceed against me and other Catholikes who are desirous to make manifest to all the world their dutifull allegiance which they owe to God and Caesar and which their violent and vncharitable proceeding I make no doubt but in the end will turne to their great shame and confusion for truth and innocency although for a time it may be oppressed will in the end preuaile 114 Wherefore any man may perswade himselfe that his Maiestie and the State still remaining Protestants may for many good reasons permit such bookes of Catholikes which cleerely prooue that no Protestant Prince can according to the doctrine of learned Catholikes be deposed by the Pope to be printed vnder the name of Catholikes with Epistles dedicatory to the Pope and submission of the whole to the Censure of the Catholike Romane Church yet knowing that the Author thereof meant the same truely and sincerely and not for a meere mockerie and derision of his Holinesse c. as my Aduersary falsly and childishly inferreth which his inference as I signified elsewhere may be retorted against Cardinall Bellarmine who impugneth the Popes direct authority and dominion in temporals and yet he dedicated his booke to the Pope and submitted the whole to his Censure belike honouring him as the Iewes did Christ when they kneeled downe and adored him saying Aue Rex ludaeorum and spitting in his face A chife and principall reason why the State may prudently permit some bookes of Catholikes to be printed in the aforesaid manner may bee thereby to know truely and vnfainedly whether Catholike religion and temporall subiection to a Prince of another Religion true spirituall obedience of Catholike subiects to the Pope and true temporall allegiance of the said Catholike subiects to a King who acknowledgeth no such spirituall obedience to the Pope may stand together and how farre the Popes authority by the institution of Christ doth according to the grounds of Catholike Religion extend in temporall affaires to wit whether to the deposing of hereticall or wicked Princes to the disposing of all temporalls and to the inflicting of all temporall punishments in order to spirituall good or onely to the inflicting of Ecclesiasticall or spirituall Censures 115 For what man of iudgement can deny that it is very necessary for his Maiestie considering the Religion which he professeth to know how farre he may be assured of the vnfaigned and constant loyalty of his Catholike subiects and how farre he may prudently permit tolerate or fauour them when occasion shall require without any probable danger of new gun-powder plots or other innouations or conspiracies against the State to be attempted by them publikely or secretly with the expresse or tacite commandement or licence of the Pope Other reasons may be alledged which may mooue the State to suffer my bookes to be printed in the aforesaid manner one may be a tender commiseration of distressed Catholikes who for yeelding their temporall allegiance to his Maiesty as he by the new Oath hath required at their hands and making knowne to the whole world the lawfulnesse thereof euen according to the grounds of Catholike Religion are slandered and defamed as being no good Catholikes but heretickes disguisâ—d and masked vnder the Vizards of Catholikes which might mooue his Maiestie and
and Saphyra and of others and from the practise of the Church and the person of man are cleerely confuted CHAP. VIII M. Fitzherberts arguments taken from the law of Nations and the Ciuill law are answered and first the difference betwixt the Priests of the old and new Testament and the Priests of other Nations and also betwixt the law of Nations and of Nature is declared Secondly from thence it is prooued that among all Nations the ciuill common-wealth was supreme and disposed of all things both spirituall and temporall and punished all persons both Priests and others with temporall punishments and consequently that the new Oath cannot be impugned by the law of Nations Thirdly what M. Fitzherbert obiecteth from the Ciuill Law is confuted CHAP IX First the difficulties which some make concerning the authoritie of the Lateran Councell are propounded Secondly the decree of the Councel which is commonly vrged to prooue the Popes power to depose Princes is related Thirdly Widdringtons first answere to the said decree is prooued to be sound and sufficient and M. Fitzherberts replies against the same are confuted CHAP. X. Widdringtons second answere to the decree of the Lateran Councell affirming that absolute Princes are not comprehended therein because they are not mentioned by their proper names but by inferiour titles is prooued to be neitheir improbable nor absurd but conforme to the doctrine of learned Diuines and Lawyers and M. Fitzherberts exceptions against the said answere are shewed to be very insufficient and fraudulent CHAP. XI Widdringtons first answere to an obiection propounded by himselfe is prooued to bee sufficient and that the consent of temporall Princes is necessary to the validitie of Ecclesiasticall constitutions which inflict temporall punishments and consequently are not made by true spirituall authoritie Secondly the doctrine of the Lord Cardinall Peron in his speech to the Lower house of Parliament against the Oath propounded by them is examined Thirdly M. Fitzherberts obiections grounded vpon the decrees of Pope Callixtus Vrbanus the Councell of Eliberis in Spaine and the constitution of the Apostles are cleerely confuted CHAP. XII An other answere of Widdrington grounded vpon certaine Glossers or Expositours of the Canon Law is confirmed and M. Fitzherberts exceptions against the same are prooued to be fraudulent and insufficient Secondly it is shewed that from no Canon of the Church it can be prooued that the custome of the Church is or hath beene to inflict by her spirituall authoritie temporall penalties Thirdly the true difference betwixt the Diuines and Canonists concerning the Popes power in temporalls is declared CHAP. XIII Widdringtons third answere to the decree of the Lateran Councell is confirmed Secondly it is shewed how certaine it is according to the doctrine of learned Catholikes that the Church cannot erre in decrees or precepts of manners from whence it is cleerely deduced that from the Decree or rather Act of the Lateran Councell it cannot with any colour of probabilitie be prooued that it is a point of faith that the Pope hath authoritie to depose temporall Princes Thridly all M. Fitzherberts arguments to shew the contrary are most plainely confuted CHAP. XIIII Three Instances grounded vpon three examples of Popes Decrees and sentences brought by Widdrington to confute three arguments of Fa. Lessius whereby he laboureth in vaine to demonstrate that the foundations of the Decrees and sentences of Popes and Councells must bee certaine and of faith are prooued to be sound and sufficient Secondly the first example brought by Widdrington is confirmed and M. Fitzherberts exceptions against the same are confuted and hee himselfe in setting downe Widdringtons Instances and applying them to the decree of the Lateran Councell is conuinced of manifest fraud and falshood Thirdly that proposition Many things may be certaine to the Sea Apostolike and yet seeme vncertaine to other learned men is examined CHAP. XV. Widdringtons second example and his Instances grounded thereon are confirmed and M. Fitzherbert in impugning the same is conuinced of manifest fraud and ignorance in taxing therein of fondnesse the learnedst Diuines of his owne Societie Also Widdringtons third example and his Instances grounded thereon are prooued to be sound and sufficient and M. Fitzherberts fraud in relating the said Instances and applying them to the Lateran Councell is plainely discouered CHAP. XVI Another argument or rather answere of Widdrington is confirmed and M. Fitzherbert in labouring to prooue that Widdrington by his owne grant is fallen into heresie or errour is conuinced of palpable ignorance The Conclusion of all Widdringtons discourse in his Preface to his Apologeticall answere is confirmed and what M. Fitzherbert excepteth against the same and also his briefe Recapitulation of all his Discourse in this his Treatise are confuted CHAP. XVII M. Fitzherberts vncharitable Admonition to the Catholike Reader that Widdrington is no other then an heretike disguised and masked vnder the vizard of a Catholike and that his submission to the Catholike Romane Church proceedeth from no other ground but from a deepe dissimulation or rather artificial and execrable hypocrisie to delude and deceiue Catholikes is clearely confuted and prooued to be voide of charity learning and sincerity and what reasons the King and State may haue to permit such submissions is there declared Widdringtons answere to the Popes Breues forbidding the Oath is confirmed and hee freed from all disobedience and irreuerence for not admitting them The decree of the Cardinals forbidding two of Widdringtons Bookes and commanding him to purge himselfe forthwith is fully answered by his Purgation and humble Supplication which he made forthwith to his Holinesse THE PREFACE TO THE READER HOw dangerous and pernicious a thing it is deare Contreymen in any temporall Kingdome or Common-wealth to coyne or willingly to vtter and much more by fraud or violence to force the people to accept of counterfait money any man of meane vnderstanding may easily perceiue And truely no lesse dangerous and pernicious is it in the spirituall Kingdome and Church of Christ 1 Tim. 3. which is the pillar and firmament of truth to inuent forge or divulge and which is farre worse to thrust vpon the faithfull by fraud and violence false articles and positions for true and infallible Catholike faith but especially in things which are greatly preiudiciall to the temporall Soueraigntie of Christian Princes whom Christ our Sauiour hath appointed to be Nurcing Fathers and Protectours of his Church Isay 19. Concil Trid. sess 25. cap. 20. de Reform for that thereby not onely Christian Princes are extreamely wronged but also the Christian Religion is greatly scandalized and the soules both of Princes and subiects are much endangered and therfore no lesse thanks doe they deserue at the hands of the Church of God who should discouer a false and forged Catholike faith and the first inuenters or publishers thereof then doe they at the hands of the temporall Kingdome who should disclose false and counterfait money and the first coiners or
and to the Sea Apostolike yet for my own part I cannot see but that any prudent man may iustly suppose their zeale to bee blind and not according to knowledge but grounded vpon culpable or wilfull ignorance and that they themselues suspect their owne conscience to bee eroneous and their cause to be naught and therefore would not haue it to be further sifted and examined 11 For seing that the nature of truth being like to pure and perfect gold is such that the more it is examined the more cleere and perspicuous it doth still appeare and contrariwise falshood the more it is sifted the absurdity thereof still sheweth it selfe more manifest if my Aduersaries are in their consciences perswaded as in wordes they professe that they haue truth on their side and that the authority of spirituall Pastours to excommunicate vpon iust cause Christian Princes to binde and loose and to dispence in Oathes in generall which all Catholikes acknowledge to be included in their spirituall power be denyed in the late Oath of allegiance as they pretend or that their authoritie to depose Princes which all men confesse to bee denyed in the Oath bee certaine out of controuersie and a cleere point of Catholike faith for which two causes chiefly they cry out against the Oath and condemne it for vnlawfull as containing in it more then temporall allegiance to wit a manifest denyall of Ecclesiasticall authority why are they so much afraide to haue the matter charitably and sincerely debated by learned men Why will they not suffer those Catholikes especially who are learned and to whom the charge of soules is committed and are able to discerne betwixt truth and falshood betwixt Catholike faith and opinion 1. Pet. 3. and who ought to bee alwaies readie and prepared to satisfie euerie one that asketh them a reason of that faith which is in them to reade such bookes as doe sincerely and exactly handle this controuersie and all the difficulties on both sides and doe plainely declare in what particular manner all Christians are bound by the law of Christ according to the true and approoued grounds of Catholike Religion Matth. 22. to render to God and Caesar that which is their due 12 Why doe they so shamefully abuse his Holinesse by misinforming him that his power to excommunicate to binde and loose and to absolue from Oathes in generall is denyed in the Oath and that his power to depose Princes which indeed the Oath denyeth is a point of faith and thereupon by vrging him to condemne the Oath as containing in it many things flat contrary to faith and saluation and to forbid those bookes of Catholike Writers that doe plainly discouer their forgeries and euidently conuince that no such spirituall power as they pretend is denyed in the Oath and that his power to depose Princes which the Oath denyeth is not a point of faith but hath euer since the time of Pope Gregory the seuenth for before his age the practise thereof was not heard of Onuphrius l. 4. de varia creat Romani Pont. as Onuphrius witnesseth it hath euer beene a great controuersie betwixt Popes and Christian Princes and those Catholikes who haue fauoured either part and which is more extrauagant by vrging him to commaund vnder paine of Censures the Author of those bookes to purge himselfe foorthwith and yet not to signifie vnto him any one crime either in generall or in particular of which he should purge himselfe although hee hath very often most humbly and instantly requested to know the same 13 Why doth not Cardinall Bellarmine my chiefest Aduersarie being accused by mee to his Holinesse in publike writings of manifest fraudes falshoods corruptions and calumnies cleare himselfe all this time of such fowle imputations which cannot but greatly blemish his honour and quite discredite his cause in the vnderstanding of any iudicious man if in his conscience hee thinke himselfe to bee guiltlesse and that I haue falsly accused him why doth hee not answere and iustifie himselfe and shew to the world that I haue belyed him that also thereby I may see my errour and aske him publike forgiuenesse and bee penitent for the same If hee see that I am innocent why doth hee not restore my credit which hee hath wrongfully taken away and in plaine tearmes confesse that hee was deceiued and mistaken in this controuersie and imitating the example of famous Saint Augustine retract all that hee hath written amisse especially to the hurt and disgrace of innocent men Can any man of iudgement imagine that hee being now so neere his graue would take such paines to write euery yeere some one or other little Treatise of deuotion which neuerthelesse will not excuse him before God from restoring the good name of them whom hee hath falsly defamed and that hee would bee so carelesse to purge himselfe of such shamelesse crimes which cannot but leaue his memory tainted with perpetuall infamy if with his credit hee could cleere himselfe And therefore if he did sincerely consider the admonition hee gaue to other Prelates vpon occasion of Pope Innocents examples to examine their conscience carefully whether it bee sound or erroneous hee might truely haue iust cause to bee sore afraide and greatly to suspect that howsoeuer hee maketh an outward shew of zeale sanctitie and deuotion hee hath within an erroneous and seared conscience for which hee must shortly before the tribunall of God render a strict account 14 All which their proceedings being duely considered whether they are not manifest signes that in their owne consciences they suspect the iustice of their cause and doe plainely see that they are not able to make good their newly inuented Catholike faith and yet will still goe on to maintaine by fraude and violence what they cannot by reason and argument wherein also how much they discredit themselues their cause how mightily they scandalize Catholike Religion and make the Sea Apostolike odious to Princes and subiects how egregiously they wrong and slander innocent Catholikes and how greatly they endanger their owne soules and others I leaue to the iudgement of any prudent and pious man 15 Wherefore my chiefe drift good Reader in this my answere to M. Fitzherbert is first to keepe and maintaine entire and inuiolate the puritie of true Catholike faith and Religion which is greatly defiled not onely by impugning true and vndoubted articles of faith but also by forging and defending false articles for true Secondly to defend my innocency which as long as I haue a pen to write or a tongue to speake I will God willing not bee afraide to maintaine against any man whatsoeuer that shall falsly accuse me and my doctrine of heresie and to make knowne my sincere proceeding in handling this great and dangerous controuersie which concerneth our obedience due to God and Caesar and the fraudulent and corrupt dealing of my Aduersaries who by fraud and violence seeke to afflict intangle and disturbe the consciences of
and shewing his malicene lesse then before But how sincerely and truely he alledgeth the argument of Lessius I know not for I haue not his booke neither did I euer reade it and I make no doubt but if it had beene laid downe together with the circumstances thereof it would haue beene cleere enough of it selfe and not haue needed any defence or explication of mine And truely although it were as bare and naked as he makes it yet the consequence would be good and sound for ought he saith against it seeing he saith nothing in effect but that which may be vrged in like manner against the Apostle Saint Paul for the like argument in his Epistle to the Corinthians where commanding them to constitute and appoint Iudges amongst themselues to decide their controuersies he said Nescitis quoniam angelos iudicabimus quanto magis secularia Doe you not know that we shall iudge Angels and much more secular things as who would say seeing wee haue the greater and more eminent power haue we not also the lesse if we haue power ouer spirituall things haue we not also power ouer temporall or secular things Thus argued the Apostle vpon the same ground that Lessius doth to wit vpon this principle qui potest maius potestetiam minus 3 And now will this graue Sophister scoffe at the Apostles argument and say that he might as well haue concluded that Qui potest intelligere potest volare Hee which can vnderstand can flie for what can bee more different in kinde and nature then Angels and secular things and yet neuerthelesse the Apostle prooued soundly by an argument a maiori ad minus that the Church might ordaine and dispose of secular iudgements because it had a greater power to iudge of Angels and the reason that mooued him thereto was the same that mooued Lessius to wit the subordination of secular and temporall things to spirituall for albeit spirituall and temporall things are of different kinde and order being considered in their owne natures yet if they be respected and conioyned in one Ecclesiasticall or mysticall body and referred to one last end which is Gods seruice and glory they are subordinate the one to the other and therefore are not of diuers orders in that respect 4 And if hee grant not this how will he make good his owne former grant that the Pope hath power to command corporall and temporall things quatenus spiritualibus deseruiunt so farre forth as they serue spirituall things doth he not therein acknowledge this subordination and thereupon grant that power in the Pope as a consequent of his spirituall power why then doth he deny the argument of Lessius grounded vpon the same consideration seeing he argueth a maiori ad minus concerning things subordinate one to another as who would say that for as much as spirituall things are superiour in order and dignitie to temporall things and all of them principally ordained and referred to Gods glory and seruice therefore he that hath supreame power ouer the spirituall which is the greater and higher hath power also ouer the temporall which is the lesse and inferiour to dispose thereof as shall be requisite for Gods glorie and seruice where to both spirituall and temporall things are ordained 5 Whereupon it also followeth that the Pope hauing power to excommunicate Kings may depose them as well because the power to excommunicate is greater then the power to depose as also because the temporall state whereof the Pope depriueth the Prince is ordained to serue the spirituall and therefore to be disposed by the supreame spirituall Pastour so far forth as shall be necessarie for Gods seruice and the good of the Church So that you see the argument of Lessius if he made any such hath a good consequence Thus Mr. Fitzherbert 6 But to omit his bitter and slanderous words the maine substance of his reply in this chapter is as it was also in the former chapter grounded vpon the subordination of the temporall power to the spirituall and of temporall things to the eternall saluation of soules whereof I treated at large aboue in the second part which if the Reader will be pleased to peruse he will easily perceiue that all my Aduersaries reply in this chapter is of little worth and that from this subordination no sound argument can be drawne to prooue that the Pope hath power to dispose of temporall things For albeit the temporall power may be said to be subiect to the spirituall or rather temporall Princes are in spirituals and in temporals as they are reduced to spirituals subiect to the direction or command and to the spirituall coercion or correction of the supreame spirituall Pastour And albeit temporall goods and states both of the body and of fortune may be said to be subordained or rather ordained to the eternall saluation of soules although not of their owne nature as I declared in that place but in this sense that all Christians as well Laikes as Clerkes Kings as Popes are bound to refer all their powers and actions to the eternall saluation of their soules in so much that as spirituall Pastours are bound to referre and ordaine their spirituall power and the vse thereof to the eternall saluation of their own soules of those who are subiect to them so Christian Princes are bound to refer their temporall power the vse thereof to the eternall saluation of their own soules of their subiects Neuerthelesse considering that Christ hath left in the Christian world or common-wealth as it containeth both temporall spiritual power earthly kingdomes the spirituall kingdome or Church of Christ two distinct supreme powers consequently independant one vpon the other and therfore neither subordained or subiect one to the other in those things which are proper to each other as the disposing of spiritual things and spiritual coercion or correction are proper do belong to the spiritual power so the disposing of temporall things and temporall coercion or correction are proper and doe only belong to the temporall power 7 So that although it belongeth to the supreame spirituall Pastour to direct and instruct a temporall Prince in his temporall power as it is Christian that is to instruct him in what manner hee ought to vse his temporall power according to the grounds of Christian Religion and to command him to vse his temporall power and to dispose of temporalls in that manner as Christ hath ordained to the benefit of his owne soule and of his Subiects and also to command him that he doe compell his Subiects by meanes of his temporall power or with temporall punishments to the obseruing of the lawes of Christ and of his Church and if the Prince refuse to obey the iust commandement of his spirituall Pastour it belongeth also to the spirituall Pastour to compell him thereunto by meanes of his spirituall power or with spirituall punishments and Ecclesiasticall Censures in that manner as the inflicting
he was chosen to be their Law-maker and Prince not by manner of reigning or hauing properly dominion but rather b Abulensis q. 8. in cap. 6.2 Paralip per modum iudicantis by manner of iudging 58 And by this you may plainly see in what manner the temporall gouernment of the Iewes and not the spirituall was altered by the institution of Kings for that the supreme temporall power or dominion which before their institution did reside in the whole multitude or people of Israel was after their institution wholly translated to the King But that the course of the law was changed and turned vpside downe in fauour of Kings or that the spirituall gouernment of the high Priests was altered by the institution of Kings is a meere fiction For the same spirituall authoritie and superioritie that the Priests had before the institution of Kings they kept also after their institution and as all the people of Israel in whom the supreme spirituall power did before reside were neuerthelesse subiect in spirituals to the high Priests so also were Kings afterwards subiect also in spirituals to the same high Priests although in temporals they were supreme and the high Priests subiect and inferiour to them 59 And therefore to auoide tediousnesse I will omit to relate Mr. Fitzherberts text which he setteth down in the three next pages to prooue that the law of God was not altered and turned vpside downe by the institution of Kings and that the institution of Regall authoritie did not worke any alteration of the diuine law touching the authority of the high Priest and matters belonging to Religion nor brought any preiudice to the Ecclesiasticall dignitie nor did derogate from the obedience due to the high Priest in matters meere spirituall nor from the Soueraigntie of the spirituall power and function in things spirituall for of this there is no controuersie for ought I know albeit Mr. Fitzherbert saith that his Aduersaries but who they are I know not neither doth he expresse who they be doe make question about the same And therefore supposing that the high Priest retained the same spirituall power authoritie and dignitie after the institution of Kings which he had before their institution I will proceede to the examining of Mr. Fitzherberts arguments which he bringeth to proue that in the old law the high Priests were superiour not onely in dignitie and nobilitie but also in power and authoritie to the Kings as well in temporall as spirituall causes and that the Kings might be chastised temporally by the high Priest SECT II. Wherein all Mr. Fitzherberts arguments taken from the old law since the institution of Kings are at large examined and first his argument taken from the authoritie of Priests and Prophets to create annoint chastise and depose Kings is disprooued secondly Widdringtons answeres to the examples of Queene Athalia deposed by Ioiada the high Priest and of King Ozias deposed by Azarias the high Priest are confirmed and whatsoeuer D. Schulckenius obiecteth against the said answeres is related and answered and thirdly it is shewed that the authoritie of S. Chrysostome brought by my Aduersarie to confirme the example of King Ozias maketh nothing for him but against him and that in vrging this authoritie he dealeth fraudulenty peruerteth S. Chrysostomes meaning and also contradicteth Card. Bellarmine THe first argument which Mr. Fitzherbert bringeth out of the old law since the institution of the Kings of Israel is taken from their institution creation and vnction For almightie God sayth Mr. Fitzherbert a nu 14.15 pag 76. ordained that the Kings should receiue their very institution creation and vnction from the high Priests and Prophets Whereupon it followeth from the vndoubted maxime of the Apostle Hebr. 7. that the said Priests and Prophets were superiour to Kings for sine vlla contradictione sayth the Apostle quod minus est a meliore benedicitur without any contradiction the lesse is blessed by the better which argument S. Chrysostome vseth in like manner saying Chrysost de verbis Isa hom Deus ipsum Regale caput c. God hath subiected the very head of the King to the hands of the Priest teaching vs that this Prince to wit the Priest is greater then the other for that which is lesse receiueth benediction from that which is more worthie So he who vrgeth also to the same end that the Kings in the old Testament were annointed by Priests and inferreth thereupon that maior hic principatus the principalitie of the Priest is greater then the Kings Ibid. hom 4. Whereby he also acknowledgeth that the Priests of the old Testament were superiour to Kings And what meruaile seeing that the said Kings were not onely created and annointed but also chastised yea deposed sometimes by Prophets and Priests 1. Reg. 9. Ibid. cap. 16. 4. Reg. 9. 3. Reg. 19. 4. Reg. 11. Samuel first created and anoynted Saul King of the Iewes and after deposed him for his offences and anointed Dauid to reigne in his place In like manner the kingdome of Israel was translated from the children of Achab to Iehu by the Prophet Elizaeus and the kingdome of Syria from Benhadab to a subiect and seruant of his called Hazael by the Prophet Elias Also in the kingdome of Iuda the wicked Queene Athalia c. 2 But this argument only prooueth that which is not in controuersie betwixt me and my Aduersaries to wit that the Priests and Prophets were superiour to Kings in spirituall affaires and also that the spirituall power is more noble excellent and worthie then the temporall as spirituall things doe in worth dignitie and nobilitie excell temporall things For to annoint create institute and depose Kings in that manner as Kings in the old law were annointed created and deposed by Priests or Prophets were spirituall and not temporall actions b Qu. 38. in c. 1. lib. 3. Reg. For the annointing of Kings was a religious ceremonie and appertained to the office of a Priest especially when it was done with solemnitie and as well obserueth Abulensis it did directly belong to Priests seeing that it was a sacred thing and sacred oile was powred vpon them the making and handling whereof did belong onely to Priests yet sometimes it was done by Prophets for want of Priests to wit when by no meanes it could be done by Priests as when it was secret and vnknowne whom God would haue to be annointed for King for if it were manifest who was to bee annointed hee was annointed by Priests so was Salomon and afterwards Ioas and so it is to be thought of all others who were annointed for that the kingdome did belong to them by hereditarie succession but sometimes it was vnknowne who was to bee annointed to wit when one was annointed to whom it did not appertaine by right of succession and this was done by the commandement of God for seeing that the will of God was not made manifest but to the Prophets it could
plot the death of any Prince Wherefore let Widdrington cease by vaine words to put Secular Princes in feare and to make the Pontificall power to be odious The Pontificall power is instituted by the Sauiour of mankind for the saluation and not for the destruction of Princes These arguments doe tend to no other end then to prouoke the hatred of Princes against the Pope for otherwise Widdrington was not ignorant that Ecclesiasticall especially Pontificall lenitie doth shunne bloody punishments 12 But first whether D. Schulckenius by this his answered doth intend to acknowledge that the Pope in order to spirituall good hath authoritie to take away the liues of wicked Princes by all those waies publike or priuate by which temporall Princes haue authoritie in order to temporall good to take away the liues of their wicked and rebellious subiects which I intended by that argument to conuince in this place he speaketh doubtfully and in expresse words doth neither say I nor no yet afterwards he doth plainly enough affirme the same saying n Cap 9. ad nu 229. pag. 413. that Ecclesiasticall lenitie for as much as concerneth the punishment of death doth shunne bloody punishments not for that it doth by the law of God want power to doe the same but because it doth not beseeme the Ministers of Christ and againe It doth not belong saith he o Cap. 10. ad num 318. pag. 490. to the Ecclesiasticall Court to giue sentence of death not because the Church cannot absolutely giue this sentence but because it is not decent And the Pope himselfe might if he should iudge it expedient both giue this sentence and also grant by a dispensation that other Priests might doe the same For we haue nothing whereby it is forbidden but the positiue Ecclesiasticall law wherein the Pope by the consent of all men may dispence 13 Secondly this Doctor doth egregiously and against Christian charitie and iustice abuse my innocencie in misconstruing my good intentions which God is my witnesse are most pure and sincere For it was neuer my meaning to make the Sea Apostolike odious or dreadfull to Christian Kings and Princes but only to find out the Catholike truth plainly and sincerely in a matter of such great importance which doth so neerely concerne the supreme authoritie of all temporall Princes and the due obedience which all subiects of what religion soeuer they be doe by the law of Christ owe to them in temporall matters It is rather this Doctor and such as embrace his desperate principles who by this their false seditious scandalous and new broached damnable doctrine and vnknowne to the ancient Fathers and the primitiue Church doe seeke as much as lyeth in them to make the Sea Apostolike odious and dreadfull to all Christian Princes and subiects And if it be so easie a matter to answere my aforesaid arguments as this Doctor affirmeth why then doth he not answere them but shifteth them ouer with a let them passe as not pertaining to the purpose Is it not to the purpose that Card. Bellarmine and his followers should force vpon the Christian world the doctrine touching the Popes spirituall power to depose temporall Princes as a point of Catholike beliefe from which such absurd dangerous desperate scandalous seditious consequents and not heard of before these miserable times doe euidently follow 14 But such strang nouelties must with shufflings and shiftings be cunningly couered and must not be cleerely knowne to Soueraigne Princes and their subiects least forsooth they make the Sea Apostolike odious and dreadfull to Christian Princes As thought it were likely that Christ our Sauiour would giue to S. Peter and his Successours any spirituall power which should be a sufficient cause to make the Sea Apostolike odious to Christian Princes or that the knowledge of true Catholike faith either concerning the Popes spirituall power to take away the crownes or liues of Christian Princes or concerning any other thing could be a sufficient cause to make the Sea Apostolike odious to Christian Princes more then the knowledge of true Catholike faith concerning the power of temporall Princes to take away the temporall goods and liues of their subiects can be a sufficient cause to make temporall authoritie odious to Christian subiects Hostis Herodis impie Christum venire quid times said Sedulius who flourished about the yeere 430. Non eripit mortalia qui regna dat caelestia which is Englished thus That Christ is come why doest thou dread O Herode thou vngodly foe He doth not earthly Kingdomes reaue that heauenly Kingdomes doth bestow But Herode might iustly haue replyed if this new broacht doctrine were true yes I haue great cause to feare for that not only Christ but S. Peter also and his Successours haue by their ordinarie commission authoritie to bereaue mee not onely of my kingdome but also of my life 15 And the same answere which is also conforme to the doctrine of all the ancient Fathers would Sedulius haue made to any Christian King who should haue feared that the Pope by his spirituall power might depriue him of his kingdome and life to wit that he neede not to feare the Popes power in that respect for that Christ our Sauiour hath giuen to the Apostles and their Successours the keyes of the kingdome of heauen and not of earthly kingdomes to absolue from sinnes not from debts to binde the soule with the bond of anathema and not with chaines of Iron 16 But although the Pope should haue power ouer the liues of Princes in order to spirituall good yet Princes sayth this Doctour need not to feare that the Pope will plot the death of any Prince for that no Pope hath euer commanded the killing of Princes or caused them to be slaine by priuie murtherers and it is well knowen that Ecclesiasticall lenitie shunneth bloodie punishments But first if the Pope haue such a power it is euident that it is in his free choise and curtesie to take away the life of any wicked Prince in order to spirituall good as it is in the curtesie of a temporall Prince to take away the life of any wicked subiect in order to temporall good Secondly that the Pope is also bound as I prooued against Suarez to proceed against a Christian Prince See Apendix to Suarez part 1. sec 9. nu 6. seq who is a knowne heretike or persecutor of the Church or publike enemie to spirituall good in that manner and by all those waies publike or secret by which a temporall Prince is bound to proceed against a publike traitour a notorious robber and murtherer by the high way side and a knowne enemie to the common temporall good 17 Thirdly if no Pope hath euer plotted the death of any Christian Prince the reason heereof I thinke to be for that there was neuer any Pope that held this newly inuented and neuer before heard of bloody doctrine that the Pope as Pope or by vertue of his spirituall
haue vsurped the kingdome they wholy resigne that authoritie and submit their forces with their person to the iudgement of those who may lawfully giue the kingdome or vnlesse after they haue by tyrannie obtained the kingdome they with their progenie doe by prescription get a lawfull right to the Soueraigntie by possessing it a hundred yeeres or more 35 Secondly there is no likelihood that if Athalia had demanded the consent of the people or common wealth whereof neuerthelesse there is no mention made in the holy Scripture they would haue giuen their free hearty and willing consent thereunto And first as noteth Abulensis t Q. 4 i cap. 11. lib. 4. reg for that she was a woman and it was a disgrace to them to haue a woman who especially had no title to the kingdome to rule ouer them by their owne free and voluntarie consent Secondly for that she was greatly hated by the people both because she had most barbarously murthered her owne sonnes children and all of the blood Royall and also for that she was daughter to Achab whom the people of Iuda did grieuously hate because by the meanes of his issue many mischiefes happened to them to wit for that the house of Achab had instructed the Kings of Iuda in euill and for this the people of Iuda suffered many euills for the sinnes of their Kings as it fell out in the time of Ioram who was a most wicked man by reason of the alliance hee had made with the house of Achab for this Ioram married this wicked Athalia who was daughter to Achab and for this God sent enemies into the land of Iuda who destroyed a great part thereof and they spoiled all the substance that was found in the Kings house as it may be seene 2. Paralip 21. 36 Moreouer seeing that there had beene so long strife and contention betwixt the tribe of Iuda and the people of Israel about the Soueraignitie for there was neuer true and constant amitie betwixt them and the tenne Tribes from the time of King Ieroboam to Achab the father of Athalia it is not credible that the people of Iuda would now yeeld vp the bucklars and freely without feare and compulsion giue there consent that Athalia a woman and not of their tribe an Idolater an Vsurper and who barbarously massacred all the Royall issue of the lineage of King Dauid should now reigne ouer them and sit in the throne of King Dauid to whom they knew God had promised that his seede should reigne ouer the people of Israel for euer 37 Besides that the people did not giue their consent heartily willingly and freely that Athalia should reigne ouer them or at the most that can be imagined only vpon supposition that there was none of the blood Royall left aliue it is manifest by the great ioy which all the people tooke at her death 4. Reg. 11. 2. Paral. 23. and at the crowning of King Ioas Laetatusque est omnis populus terrae saith the Scripture ciuitas conquieuâ—t And all the people of the land reioiced and the Cittie was quiet for that they saw their King saith Abulensis v In fine cap. 11. sit peaceably in his throne and because whilest Athalia liued the people were greatly troubled but now she being slaine all were quiet I said heartily willingly and freely because the consent of the common wealth in the approbation of such a King ought to be most free for if it be enforced from them by any feare or violence it is not be accounted a suffiicient consent but a constraint or compulsion as may easily be gathered from the doctrine of Gregorius Tholosanus before related and also because the contract betwixt the King and the Common wealth is a certaine kind of marriage wherein as in carnall and also in religious matrimonie by making a solemne vow to GOD in an approued Religion if the consent be not most free it can not be called a sufficient consent but a constraint and the contract is not of force before GOD as all Diuines and Lawiers doe affirme but the people of Iuda had iust cause to feare the crueltie of so barbarous a woman who feared not to murther her owne grandchildren and all the blood Royall and therefore by all likelihood would not spare any other that should resist her tyrannie 38 Lastly it is not credible that the people and Princes of Iuda would freely and willingly consent to such a new and exorbitant action as to make an Idolatresse their rightfull Queene without the consent of the Priests and Leuites and that the Priests and Leuites would giue their free consent without the priuitie and approbation of the high Priest whose office was to instruct and direct the people in all difficult matters concerning the law of GOD But it is euident that the high Priest neither did nor would his free consent if it had beene demaunded to such a wicked action both for that he should haue beene a traitour to his lawfull King whom he kept secret in the house of GOD for feare of Athalia and also for that he should haue transgressed the law of GOD in honouring an Idolatresse with the true title of a lawfull Queene who was to be put to death according to the law which is not to be presumed of so holy a man as Ioiada was whose aduise so long as King Ioas followed he did not fall from GOD according to that of 4. Reg. 12. And Ioas did right before our Lord so long as Ioiada the high Priest taught him And therefore this consent of the people which this Doctour faigneth is altogether incredible and is neither grounded in the holy Scripture nor in any other probable reason Neuerthelesse I will not deny but that Athalia being the Kings mother and hauing in his absence the custodie of his Pallace treasure and forces and also hauing cruelly slaine all her grand children as she and the people also thought might haue many fauourers either for feare or gaine but that the people Princes and Priests did either in any publike assembly which representeth the body of the common wealth or also in their hearts without any such assembly giue their free consent to make that wicked Athalia their rightfull Queene it is altogether improbable and hath no colour at all of credibilitie 39 But be it so for Disputation sake that the people imagining vpon a false ground that none of the blood Royall and who by inheritance had a lawfull right to the Kingdome of Iuda were aliue were content that Athalia should be their rightfull Queene yet that this consent of the people did giue her a true lawfull right to the Kingdome the true King and rightfull heire being aliue as this Doctor affirmeth is a very false and seditious doctrine and iniurious to the true rights of all Soueraigne Princes who haue right to their Kingdomes by inheritance but especially of those of the Kingdome of Iuda which
thereof when any thing was to be handled in the Senate that which corcerned Religion was first of all dispatched whereupon also they gaue great temporall authoritie honour priuiledges and exemptions especially to their chiefe Priest or Bishop to whom all other inferiour Priests as the Flamines the Salij the Augures the Epulones the Aruales the Vestales yea and he that was called Rex sacrorum the King of sacred things were subiect in so much that the dignitie of the chiefe Bishop was accounted the second in the Common-wealth and the next to Kingly dignitie and many times the same man was both a Religious Priest and also a temporall Magistrate as Q. Fabius Maximus was an Augure and a Consull M. Aemilius Lepidus was Proconsull and chiefe Bishop Neuerthelesse it is not true that the chiefe Bishop had any temporall authoritie euen ouer the inferiour Priests as necessarily due to him by the law of nature but onely from the free grant of the temporall Common-wealth or the supreme Gouernours thereof And therefore at sometimes the chiefe Bishops had greater temporall authoritie as in the beginning when the Romanes were gouerned by Kings in whom both Regall and Pontificall authoritie were conioyned and by whom as being both Kings and chiefe Bishops all matters as well concerning State as Religion were determined and executed at some times they had lesse as afterwards Alexand. lib. 3. genial dier cap. 3. Sabellicus lib. 2. Ennead 4. Alexand. ibidem lib. 1. cap. 27. Alexand. lib. 3. cap. 27. when they had put downe their Kings for that they beganne to tyrannize ouer them and were gouerned by the Senate and two Consuls who at the first were chosen out of the Nobilitie but afterwards at the instance of the people the Senate was forced to graunt that they might be chosen also out of the commmunaltie which Consuls least they should challenge to themselues Kingly authoritie could put no Citizen to death without the consent of the people 32 For to the ende that the Kingly name which was by the Romanes fortunately begunne and for many yeeres happily continued should still remaine and also that the Priestly authoritie which the Kings had should not be abolished they did create a King whom they called Rex sacrorum a King of sacred things who had onely the name of a King without Regall authoritie and should performe the sacred rites and ceremonies belonging to Religion which the former Kings did performe Which King of sacred things by reason of the odious and suspected name and authorititie of a King could haue no authoritie or command ouer the armie and legions nor beare any office or haue any temporall gouernment ouer the people but his power and authoritie was limited to Religion and contained onely within the temples of the Gods And this King of sacred things was subiect to the chiefe Bishop as all other Priests were who as they were Priests had onely to intermeddle in sacred things but afterwards they had also great temporall authoritie granted them by the Senate and people For the chiefe Priests or Bishops had not onely power giuen them to punish with pecuniarie mulcts the inferiour Priests who should disobey their command but also they were made Consuls Captaines and chiefe Magistrates in the Common-wealth But all this temporall authoritie of the religious Priests did proceed from the free grant of the temporall Common-wealth and not as necessarily due to them by the law of Nature which those words of Cicero cited by my Aduersarie doe onely confirme to wit that it was notably and diuinely ordained that the Bishops should haue a chiefe command in matters that appertained as well to the Common-wealth as to the religion of the Gods 33 But that the temporall Magistrate sayth Mr. Fitzherbert was commanded and corrected he meaneth with temporall punishments as occasion required by the spirituall was the custome of the Romans because no doubt they held it to be most conforme to the law of Nature But first those words to be most conforme to the law of Nature are equiuocall and may haue a double signification For as euery law for as much as concerneth the directiue power or force thereof for the coerciue power or force of euery law consisteth meerly in punishing hath one of these three effects to command to forbid to permit or graunt some thing so the law of Nature as it is directiue may be taken either as it commandeth or as it forbiddeth or as it permitteth or granteth some thing If therefore my Aduersaries meaning be to signifie by those words that the law of Nature commandeth the spirituall Magistrate or giueth him authoritie as he is a spirituall person to punish the temporall Magistrate transgressing his commandement with temporall punishments that in this sense the custome of the Romans was conforme to the law of Nature this I say is very vntrue neither can he bring any colour of a probable proofe to confirme the same Nay which is more he can not prooue as you shall see beneath that the law of Nature gaue to Religious Priests as they were such authoritie to command in spirituals or to punish with spirituall punishments the supreme temporall Magistrate for that standing in the law of nature there is no publike spirituall authoritie which is not subiect and subordinate to the temporall Common-wealth and the supreme Gouernours thereof 34 But if he meane that the law of nature or the light and dictamen of naturall reason doth not forbid but doth permit that temporall Princes or Common-wealths may giue authoritie to those Religious Priests whom they shall appoint to be in their steed publike Ministers of sacred rites to punish with temporall punishments those that shall contemne their iust command and that in this sense the custome of the Romanes giuing authoritie to their Religious Priests to inflict temporall punishments was conforme that is was not repugnant to the law of nature but agreeable thereunto as a laudable and decent custome but not as necessarily enioyned by the law of nature this is very true but not to the purpose for that which my Aduersarie pretendeth to prooue is that Religious Priests haue by the law of nature and not onely by the free graunt of temporall Princes or Common-wealths authoritie to inflict temporall punishments which neuerthelesse he will neuer be able to prooue by any probable argument or any probable shew thereof 35 Thirdly therfore for the better cleering of the whole matter the Reader may obserue out of learned Abulensis Abulens in cap. 13. Gen. q. 8. 9 seq that there is a great difference betwixt the Priests of the old law of the new the Priests that were in the law of nature For in the law of nature before the law of God was published by Moyses we may cōsider euery man either by himselfe or as he was a part of some communitie If he be considered by himselfe and as dwelling alone in no Societie it was lawfull
which is a humane law so easily and directly deduced from the very principles of nature that all nations doe receiue and admit it it is manifest that it cannot dissent from those infallible grounds which I haue laid alreadie as well out of the law of Nature as out of the law of GOD especially seeing that there is nothing wherein all Nations doe more vniformely agree by the very instinct of Nature then that all temporall things are inferiour to spirituall things and subordinate thereto whereupon it necessarily followeth c. But what grounds either infallible or fallible Mr. Fitzherbert hath alreadie laid as well out of the law of nature as out of the law of GOD you haue alreadie seene Neither doth any man make any doubt but that this is an infallible ground wherein all nations by the very instinct of nature doe vniformely agree that as all spirituall things are superiour to all temporall things in dignitie worth and excellencie in generall so all temporall things are inferiour and subordinate to spirituall things in the same degree of subiection and subordination wherein spirituall things are superiour to them for no man can bee so foolish as to imagine that temporall things must be subiect to spirituall things in any other degree or kind of subiection or subordination then wherein spirituall things are superiour to them 33 Marke now what Mr. Fitzherbert would conclude from this infallible ground Whereupon it necessarily followeth saith he that all the temporall states of temporall Princes are subordinate to the Church and to the head thereof and to bee disposed by him when the good of the Church shall so require as I haue amply declared But fye for shame that Mr. Fitzherbert who is accounted a man of great iudgement though of small learning should make so childish and improbable a consequence and withall to esteeme it a necessarie inference For what man of iudgement would argue thus All temporall things are inferiour subiect and subordinate to spirituall things to wit in worth dignitie and excellencie therefore the Pope hath power to dispose of all temporall things when the good of the Church shall so require But my Aduersaries vsuall custome is to darken and confound the Readers vnderstanding with a mist of cloudie and ambiguous words which being once dissolued and taken away the plaine and perspicuous trueth will presently appeare For as concerning his antecedent proposition which is that all temporall things are inferiour to spirituall things and subordinate thereto first if his meaning be that all temporall things are inferiour and subordinate to all spirituall things in euery kind of subiection this is apparantly false for that all spirituall things are not capeable of all kind of superioritie seeing that onely spirituall persons or substances and not spirituall accidents are capable of spirituall authoritie or iurisdiction which consisteth in a power to commaund to punish or to dispose of something 34 Secondly if his meaning be that all temporall things are inferiour and subordinate to all spirituall things in some kind of subiection this is very true for as all spirituall things in that they are spirituall are more excellent and of a more noble more perfect and of a superiour and higher degree or order then is any temporall thing so all temporall things as they are temporall are inferiour and subordinate in nobilitie perfection and excellencie to all spirituall things But from a superioritie in perfection worth and nobilitie to conclude a superioritie of another kind to wit in authoritie iurisdiction or power to dispose thereon is transcendere de genere ad genus to transcend from one kind to another which manner of arguing euery Schoole-boy knoweth to bee vicious as thus Angels both good and bad are superiour to men in substance knowledge might and other natural perfections but to conclude from hence that therefore Angels are superiour to men in authoritie or Iurisdiction and that therefore men are inferiour and subiect therein to Angels and are bound to obey them as their lawfull Superiours vnlesse they bee sent as messengers from God which the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth import and which as Saint Gregory saith S. Greg. hom 34. in Euang a. is a word of office not of nature were a very fallacious kinde of arguing Also all seruile trades are inferiour subiect and subordinate to all liberall arts and sciences to wit in woorth perfection and nobilitie and this all trades-men will acknowledge but they would smile at him that should conclude from thence that therefore all they that are endued with any liberall art or science may command and punish all trades-men and dispose of what they haue when the good of the liberall arts or sciences shall so require 35 But thirdly if Mr. Fitzherbert in his antecedent proposition by spirituall things doeth not vnderstand all spirituall things but only spirituall persons who by their office haue charge of Religion and of all spirituall things appertaining to Religion and that all temporall things are by the instinct of nature and the light of naturall reason subiect and subordinate to spirituall persons in such sort that they may bee disposed of by them when the good of Religion shall so require then indeede supposing this antecedant proposition to bee true it doeth necessarily follow that the Pope hath power to dispose of all temporall things in order to spirituall good But then hee supposeth that which he should prooue and which I euer denyed for as I haue amply shewed before by the law of nature the ciuill Common-wealth it selfe and the supreame Gouernours thereof had supreame authoritie to dispose of all things as well concerning Religion as State and policie Neither did the Religious Societie and the ciuill Common-wealth in the law of nature make two totall and independent bodies Societies or Common-wealths as they doe now in the new Law wherein the temporall Prince or the Ciuill Common-wealth haue not to dispose of spirituall and religious affaires as they did in the law of nature and according to the custome of all nations and therefore it cannot bee prooued either by the law of nature or of nations that the Pope hath power to dispose of the bodies States or temporall goods of temporall Princes but contrariwise standing in the law of nature the Ciuill Common-wealth had supreame power and authoritie to dispose of the bodies and goods of Religious Priests and of all things belonging to Religion and the publike seruice of God 36 Wherefore to little purpose are those words which Mr. Fitzherbert next adioyneth And therefore Vlpian the Lawyer saith hee affirming that Ius Gentium the Law of Nations is that which is common onely to men putteth for example Religio erga Deum Religion towards God giuing to vnderstand that all Nations and people doe agree in nothing more then that due honour is to bee giuen to Almightie GOD which is not done when any thing is preferred before his seruice or when temporall things
from the law of nature or nations but in the order of nature from the ciuill or priuate lawes of euery nation as Suarez before affirmed for that as all histories acknowledge in this there was a great variety among all nations Baptist Fulg. lib. 1. as in Aethiopia saith Mr. Fitzherbert where the Priests determined of the life and death of Kings in such sort that when the Priests signified to them that it was Gods will they should die they presently killed themselues 43 But he might haue added if it had pleased him the next words following in Fulgosus whom he citeth in the margent that this custome of theirs did not alwaies continue Diod. Sicul. lib. 3. cap. 1. for it was abolished by King Erganes who liued about the time of Ptolomey King of Egypt who to the end his death should not be foretold him by the Priests hee slew them all and was the first that tooke away that custome Besides neither was this custome obserued among other nations as among the Romans the chiefe Priest or Bishop ought to keepe his hands not onely pure from all bloud but also he ought not to be partaker or priuie to the death of any man insomuch that if any condemned man did flye to him he was freed from death for that day k Alex. lib. 2. geralium dierum cap. 8. Neither did those Priests of Aethiopia properly put their Kings to death by authority but as interpreters of the will of GOD they did declare that it was GODS pleasure they should kill themselues and so this example is little to the purpose 44 Also in Aegypt saith Mr. Fitzherbert none could be a King except he vvere a Priest True it is that the custome of the Aegyptians was Stobaeus se 42. as Stobaeus also affirmeth to create either Priests or vvarlike men their Kings for honour and nobility vvas giuen to vvarlike men for their fortitude and to Priests for their vvisedome But he that vvas chosen out of vvarlike men to be their King vvas foorthwith made a Priest and partaker of philosophy or the study of vvisedome And no doubt but that this was a laudable custome and so much the more for that the King of Aegypt could not iudge Diodor. Sicul. l. 1. c. 6. but according to the lawes and the Kings themselues were subiect to the lawes of their kingdome yet this custome of the Aegyptians was not generall among other nations For although in times past Plutarch in quaest Rom. as Plutarch writeth Kings did the greatest and chiefest part of Sacrifices and they vvith the other Priests did concurre in sacred rites yet after they became to vvax insolent arrogant and cruell the Graecians for the most part taking away from them their Empire left them onely authority to sacrifice to their Gods 45 And the like custome saith my Aduersary vvas also obserued among the Goths whiles they vvere Paynimes That the Goths had this for a continuall custome that none should be their Kings vnlesse they were Priests I haue not read and that it was among them a continuall practise I can hardly beleeue both for that their custome vvas that their Kings should not be learned but among al nations Caelius l. 8. c. 6. the Priests were vsually the most learned of all the people also for that the contrary is signified by Ioannes Magnus in his historie of the Goths who writeth that their Priests werâ— of diuers degrees to wit Pontifices Archiflamines Flamines Salij Augures and that to their chiefe Priests See Procopius Ioan. Magnus in their history of the Goths Olaus l. 3 c. 8. l. 8. c. 15. who were called Pontifices was granted by them equall power with their Kings whose authoritie was so great that whatsoeuer they should either counsell or commaund both the King himselfe and the people did foorthwith wllingly execute as an oracle from heauen And no maruaile if it were so seeing that the reuerence which the Goths did beare to Priests althogh they were of a contrary Religion to them was exceeding great and to be admired insomuch that when they conquered any Citie they did neither violate Temple nor Priests and in the iudgement of all men they were accounted so pious and religious that they would not hurt any one that should flye to the Temples dedicated to God for succour or Sanctuary And when Alaricus King of the Goths otherwise a barbarous and cruell man inuaded Italie in the time of Honorius the Emperour and had subdued Rome before hee would giue leaue to his souldiers to spoyle the City he proclaimed by sound of trumpet that the bodies and goods of those persons Fulgos l. 1. c. 1. who flyed for refuge to the Apostles Church should not be touched and which is more to be admired the souldiers themselues in the very middest of the sacke and spoyle meeting certaine sacred Virgins carrying vpon their heads plate of gold after they were informed that they were consecrated to the Apostles did not extend their hands so much as to touch them Fulosus in the same place 46 And amongst the Gaules saith Mr. Fitzherbert the Druides vvho vvere their Priests had in their hands the chiefe mannage of publike affaires deciding all controuersies and iudging all ciuill and criminall causes Caesar l. 6. de Bello Gallico excommunicating such as vvould not obey them and those that vvere so excommunicated vvere abhorred and detested of all men But this custome of the Gaules proceeded from the priuate and ciuill law of that nation and was not common to all nations as you may see aboue in the Graecians who from their Priests tooke away the temporall gouerment and left them onely authority to sacrifice to their Gods and the great variety which was among nations concerning the authority of their Priests doth euidently conuince the same 47 I haue also signified before l Cap. 6. nu 10 saith Mr. Fitzherbert m Pag. 132. nu 6. vvhat authority and command the chiefe Bishops and Augures had in the Romane Common-wealth aboue the Consulls and temporall Magistrates vvhen consideration of Religion occurred in matters of State Whereupon Valerius Maximus saith Valer. Max. l. 1. c. 1. that the Romane Common-wealth alwaies preferred Religion before all things euen in men of the highest degree dignity and Maiesty and that their Empire did willingly submit it selfe and obey in matters of Religion esteeming that it should in time arriue to the soueraigntie of humane gouernment if it did well and duely obserue the diuine power Thus saith Valerius of the preheminence and soueraigntie of Religion in the Romane Common-wealth And for the time of the Romane Emperours most of them vvere extreame Tyrants and did condemne as vvell all diuine as humane lawes yet all of them seemed to acknowledge the Soueraignty of Religion in that they tooke vpon them the title and dignity of chiefe Bishops because no man should haue any authority ouer them as the
certaine and infallible The third is that the people or Common-wealth haue authority in some cases are bound to depose their Prince and consequently that the Pope may by Ecclesiastical censures compell them thereunto And with this question concerning the power of the Common-wealth as I haue often said I will not intermeddle before it be agreed vpon betwixt my Aduersaries and mee concerning the maine and principall controuersie whether the Pope hath authority to depriue by way of sentence an hereticall King of his right to raigne or which is all one to make by his iuridicall sentence a King to be a priuate man for this is that at which our King and Parliament in making the new oath of allegiance did onely aime 13 And by this it is apparant how fraudulently and perniciously Mr. Fitzherbert following therein D. Schulckenius seeketh to abuse and delude his Reader in labouring to perswade him that it little importeth to the substance of the maine question betwixt my Aduersaries and me whether the Pope may depose a Prince by a iudiricall sentence of deposition and depriue him of all his Regall authority and right which before that sentence he had to raigne or whether the Common-wealth hath authority and also is bound in some cases to depose their King and consequently whether the Pope hauing authority to declare the law of God and the dutie which all Christians owe to God may by Ecclesiasticall censures compell them thereunto and absolue them from their oath of allegiance by declaring that their oath in that case doth not binde which absoluing as Parisiensis said aboue is rather a declaring of the law then an absoluing from the oath of allegiance And neuerthelesse there is nothing more cleere then that the maine question betwixt my Aduersaries and mee is not what authoritie the common-wealth hath ouer their Prince which is rather a philosophicall question and grounded vpon the principles of state and policy then vpon the positiue law of God but what authority the Pope hath to depriue by way of sentence hereticall Princes of their Princely right and authority or which is all one in substance whether the coerciue or punishing power of the Pope for about his derectiue declaratiue and commanding power to which his authority to declare the law of God and what we are bound by the law of God to doe is reduced I doe not contend doth by the institution of Christ extend to the inflicting of temporall punishments as all my Aduersaries most vehemently contend or onely of Ecclesiasticall Censures as Ioannes Parisiensis doth most expresly affirme Whereby the Reader may see to what narrow shifts these men are brought when they seeke to flye from the true state and substance of the maine question and controuersie to by-questions and difficulties altogether impertinent 14 Wherefore to retort backe my Aduersaries words albeit Ioannes Parisiensis giueth more power to subiects then perchance hee ought yet concerning the Popes power hee denieth him as much as sufficeth mee seeing that it little importeth to the substance of the maine question betwixt my Aduersaries and me which is whether the Pope may inflict temporall punishments and depose temporall Princes by way of iuridiall sentence that is by depriuing them of their right to reigne which Ioannes Parisiensis expresly denyeth I say it little importeth whether the Common-wealth hath authority and sometimes is bound to depose their Prince and consequently the Pope may indirectly l Ioan Pariâ— taketh indirectly in an other sense thâ—â— the Diuines doe take it when they say that the Pope may depose Princes not directly but indirectly or per accidens to wit by declaring the law of God and compelling faithfull subiects by Ecclesiasticall Censures to doe their dutie may concurre to the same which indeed Parisiensis expresly affirmeth Neither doth this manner of deposing Princes indirectly and disposing of temporall things indirectly ouerthrow the foundations of my doctrine touching the maine question of the Popes power to depose and dispose by a iuridicall sentence And all this I answered before against D. Schulckenius neither could I in that briefe Admonition take particular notice of all that which my Aduersary wrote in his Supplement or D. Schulckenius in his Apologie but seeing that I haue now taken particular notice of both their answeres and arguments we will now expect what a learned Reply Mr. Fitzherbert will make against the same And this may suffice for Ioannes Parisiensis 15 But before I goe any further I thinke it not amisse vpon this occasion to admonish the Reader by the way of a briefe digression in what a cunning manner the most Illustrious Cardinall of Peron in his oration to the third estates confoundeth these two questions and consequently saith little or nothing against my doctrine touching the Popes power to depose Princes and the new Oath of Allegiance established heere in England Thus therefore hee propoundeth the state of the question betwixt him and the lower house of Parliament m Pag. 13. according to the English edition There remaines the third point which is this whether if Princes hauing made an Oath to GOD and their people either themselues oâ— their Predecessours to liue and die in the Christian and Catholike Religion and doe afterwards violate their Oath rebell against Christ bidding him open warre that is to say fall not onely to open profession of heresie or Apostacie from Christian Religion but with all passe to force their subiects consciences and goe about to plant Arrianisme or Mahometisme or any such like infidelitie within their states and thereby to destroy and roote out Christianitie whether I say in this case their subiects on the other side may not bee declared absolued from their Oath of Loyaltie and Fidelitie And this comming to passe to whom it appertaineth to pronounce this absolution 16 This then is the point in controuersie betweene vs For your article containeth the negatiue that is to say that in no case whatsoeuer the subiects may bee absolued from the Oath of Allegiance made to their Princes As on the contrarie side all other parts of the Catholike Church together with this of France since the institution of Schooles of Diuinitie vntill the comming of Caluin held the affirmatiue proposition which is that when the Prince breakes the Oath he hath made to GOD and his subiects to liue and dye in Catholike Religion and doeth not onely become an Arrian or a Mahometan but manifestly warres against Iesus Christ in compelling his subiects in matters of conscience and constraining them to embrace Arianisme or Mahometisme or any other detestable infidelitie That then this Prince may bee declared falne from his right as culpable of felonie towards him to whom hee hath made the Oath of his Realme that is to Christ and his subiects may bee absolued in conscience both at the spirituall and Ecclesiasticall Tribunall from the Oath of Allegiance they haue made vnto him And that in this case it belongs to
same Kingdome or Common-wealth and also that it may be truly presumed that they doe release the same if they choose or admit confirme and allow likewise an infidell or hereticke to bee their King For if the hereticall or infidell Kingdome hath true ciuill power dominion and iurisdiction why shall not likewise the hereticall or infidell Prince whom they shall choose or confirme be capable of the same ciuill power dominion and iurisdiction So that this pact couenant and agreement which is pretended to be made betwixt the predecessours of an hereticall Prince and his people can bee no sufficient cause and ground to make an hereticall Prince who is chosen or confirmed by an hereticall Kingdome to fall from his Royall dignity and be ipso facto depriued thereof for the confirming and establishing of that heresie which that Kingdome doth professe 25 Wherefore concerning the deposition of hereticall Princes as the state of this question is propounded by the Cardinall of Peron many particular questions are inuolued The first may be whether a Prince hauing either himselfe or his predecessours made an oath to liue and die in the Catholicke faith and doe afterwards fall to open profession of heresie and seeke to force his subiects consciences to doe the same is fallen thereby forthwith before any declaration of the Pope or Church from his Royall right and dignity and his subiects are absolued or freed ipso facto from the ciuill and sacred bond of their temporall allegiance and the affirmatiue part which Philopater teacheth and affirmeth to be certaine and vndoubted I account to be a very false scandalous seditious yea and flat traiterous doctrine The second question may be supposing this damnable doctrine to be true touching the cause and ground why such an hereticall Prince doth fall ipso facto from his Royall dignity to wit whether the breaking of the oath which he or his predecessours made to liue and die in the Catholike faith or his open profession of heresie or forcing of his subiects to doe the same whether I say all these or some of them together may be necessary or else any one of them bee sufficient that an hereticall Prince bee ipso facto depriued of his princely power and authority 26 The third question may be supposing still this false doctrine to be true whether the Pope or Church haue authority to declare such a Prince to be an hereticke a breaker of his oath and promise and a persecutor or enemy to Christ and Christian Religion and consequently to be fallen from all his Princely right And of this no doubt can be made supposing the former seeing that to declare authentically what is heresie who is infected therwth is a spiritual action consequently belonging to the authority of the Pope or Church The fourth question may be what effect this declaration of the Pope or Church doth worke seeing that before this declaration the aforesaid hereticall Prince hath lost and is depriued of all his princely authority and whether this declaration of the Pope or Church be necessary when the fact is so notorious and publike that no Subiect in the Realme can make any doubt but that the Prince is become an hereticke hath broken his oath to liue and die in the Catholike faith and doth force his Subiects consciences to follow his heresie And of this question also no great doubt in my opinion can be made supposing the former false doctrine to be true seeing that this declaration doth not depriue the Prince of any right at all but onely serueth to make it knowne and publike that he is depriued thereof and therefore is not greatly necessary when the fact is so publike and manifest to the view of the whole Kingdome that no man can make any doubt thereof 24 The fift question may be that supposing such a Prince doth not fall ipso facto from his Royall dignity neither by his open profession of heresie nor by breach of his oath nor by forcing his Subiects consciences to forsake their Religion whether the whole Kingdome or Common-wealth which the Parliament doth represent hath authority to depriue him of the same or which is all one whether the whole Kingdome or the King be the supreame and absolute temporall Iudge and Superiour And this question doth nothing appertaine to the Oath of England and it is grounded rather vpon the principles of morall Philosophie and Aristotles Politikes then of Diuinitie The last and principall question is whether the Pope or Church hath authority to depriue such a Prince for the aforesaid crimes of his right to raigne really truly to absolue his subiects from the natural bond of their temporall allegiance which being once dissolued the sacred or spirituall bond of the oath of allegiance which is grounded vpon the former ciuill bond and obligation and was made onely to corroborate the same is forthwith vnloosed or whether the Pope or Church hath only authority to declare such a Prince to be an hereticke and an enemy to Catholicke Religion and a breaker of his oath and promise and to command compell by Ecclesiasticall censures the Common-wealth supposing they haue such an authority to depriue him of his Regall power and authority and consequently to discharge euery subiect from the naturall and ciuill bond of his temporall allegiance which being taken away the sacred obligation of the oath without any other absolution dispensation or declaration of the Pope or Church is forthwith dissolued 28 All these questions the Lord Cardinall of Peron doth so cunningly inuolue in his question touching the oath of France that if wee descend to particulars I cannot see either what opinion hee doth follow concerning the deposing of hereticall Princes or how his doctrine impugneth our English oath although he would seeme to disprooue the same which onely denyeth the Popes authority to depriue the Kings Maiestie of his Royall dignity and to absolue his subiects from the ciuill bond of their temporall allegiance and doth not meddle at all with the temporall authority which a Kingdome or Common-wealth hath to depose their Prince 29 Wherefore these words of the Cardinall of Peron affirming that not onely all the other parts of the Catholicke Church Page 15. but likewise all the Doctours that liued in France from the first setting vp of Schooles of Diuinitie amongst them haue held that in the case of hereticall or infidell Princes and such as persecute Christianity or Catholicke Religion their subiects may be absolued from their oath of allegiance And againe Page 63. saith he citing Widdrington in the margent The English writers who haue put their hand to pen for the defence of the Oath made by the present King of England against the Pope hauing vsed all their endeauour to finde some Doctours and in particular French who had held their opinion before these last troubles could hitherto bring forth neuer any one neither Diuine Page 65. nor Lawyer who saith that in case
of heresie or Apostacie from Christian Religion the Subiects could not bee absolued from the oath of allegiance or from the obligation that they owe to their Princes these his words I say doe neither contradict those English Catholickes who defend our English oath to be lawfull nor doe shew or signifie that Widdrington hath not brought any Diuines or Lawyers both French-men and of other Nations who affirme that the Pope hath no authority to depose Princes and to absolue subiects from the bond of their temporall allegiance For the Cardinals words are to be vnderstood secundum subiectam materiam according to the matter which he treateth of and which he would perswade his Reader the three estates of France endeauoured to establish by their oath to wit that the subiects of the King of France could not be absolued from the bond of their temporall allegiance by any authority whatsoeuer either spirituall or temporall 30 Now it is euident that I neither produced nor intended to produce any Authors who in these generall tearmes expresly affirme that the Subiects of an hereticall Prince cannot be discharged of their allegiance neither by the spirituall authority of the Pope nor by the temporall power of the Common-wealth for that it was not my meaning as being a thing altogether impertinent to our Oath of England to examine what authority the ciuil Common-wealth hath ouer their Prince in the case of heresie or Apostacie For our oath onely denieth the Popes authoritie to depose our King and to discharge his subiects from their temporall allegiance and with the authority of the Common-wealth it doth not intermeddle But that the Pope hath no authority to depose temporall Princes and that the spirituall power of the Church doth not extend to the inflicting of temporall punishments as death exile imprisonment depriuation of goods and such like but onely to Ecclesiasticall censures I haue brought many Authours both French and others to prooue the same among whom are Ioannes Parisiensis and also Iacobus Almainus cited here by the Cardinall in his Treatises Ioan. Paris de potest Reg. Pap. cap. 14. de Domino naturali ciuili Ecclesiastico o Concls 2. in probat 2. conclus and de authoritate Ecclesiae p Cap. 2. Maior in 4. dist 24. q. 3. where he writeth according to his owne opinion though not in his Treatise de potestate Ecclesiastica which the Cardinall citeth where he commenteth Occam and speaketh according to Occams doctrine albeit these Doctours doe on the other side affirme that the Common-wealth hath authority to depose a wicked and incorrigible King and so that the Pope may according to them depose him per accidens as Ioan. Parisiensis writeth or to vse Ioannes Maior his words applicando actiua passiuis as he that applieth fire to straw is said to burne the straw to wit by perswading aduising commanding and also by spirituall censures compelling them who haue authority to wit the people or Common-wealth to depose him and after he is deposed by the people or kingdome by declaring his subiects absolued and discharged from the naturall and consequently also spirituall bond of their allegiance but this is impertinent to our oath of England wherein only the Popes authority to depose depriue our King of his Dominions by way of iuridicall sentence is denied 31 Wherefore the English Translatour of the Cardinalls oration doth with as great boldnesse as with little truth shamefully affirme q In his Preface to the Reader that this difference is found between these two oathes that whereas the English oath in one of the clauses seemes to exclude not only the authoritie of the Church ouer Kings but euen of the common-wealth also yea though it should be accōpanied with that of the Church that of France shootes only at the abnegation of the Churches authority For contrariwise although the oath of France may as you shall see at the first sight seeme to deny both the authority of the Church and also of the Common-wealth to depose the King of France yet our Oath shootes onely at the abnegation of the Popes authority to depose our King and to absolue his Subiects from the bond of their temporall allegiance For as I haue shewed in my Theologicall disputation our oath doth onely affirme r Cap. 3. sec 4 that the Pope neither of himselfe that is by the spirituall authority which is granted him by the institution of Christ nor by any authoritie of the Church or Sea of Rome for that the Church or Sea of Rome hath no such authority nor by any other meanes with any other that is neither as a totall or partiall as a principal or instrumentall cause hath any power or authority to depose the King c. which last words doe only at the most import that whether the temporall Common-wealth hath any authority ouer the King for any cause or crime whatsoeuer or no with which question the King and Parliament did not intermeddle yet the Common-wealth hath giuen no such authority to the Pope either by himselfe or with any other to depose the King c. 32 But the oath of France doth expresly affirme that there is no power on earth whatsoeuer either spirituall or temporall which hath any right ouer his Maiesties kingdome to depriue the sacred persons of our Kings nor to dispence or absolue their subiects from that loyaltie and obedience which they owe to them for any cause or pretence whatsoeuer for these be the expresse words of the oath of France which our English Translatour as it seemes either hath not seene or maliciously abuseth his Reader in affirming so shamefully that the oath of France shootes onely at the abnegation of the Churches authoritie which words of the oath of France also the Cardinall of Peron seemeth to vnderstand generally of all temporall and spirituall power whatsoeuer either out of the kingdome or of the kingdome it selfe as both by the propounding the state of his question and also by the whole drift of his oration any iudicious man may gather for which cause as I imagine he affirmeth ſ Pag. 115. that our Oath of England is more sweete and modest or moderate then that of France And truely although the words may seeme to any man at the first sight to haue that sense which the Cardinall pretendeth seeing that they expresly deny all power on earth both temporall and spirituall yet both the Translatour of his oration applieth them onely to the Popes authority and also if those words which hath any authority ouer his Maiesties kingdome to depriue be well obserued they may in my iudgement haue a very true sense to wit that the temporall power which there is mentioned is not to be referred to the authority of the kingdome it selfe seeing that no kingdome hath truely and properly right power and authority ouer itselfe neither hath the kingdome of France any right ouer the kingdome of France to depriue
the State to take compassion of them and to suffer them to make their innocencie and oppression knowne to the whole world in that manner they should thinke fittest being so infinitely wronged for his Maiesties sake in yeelding him that temporall allegiance which he requireth and they in their consciences thinke to be due to him 116 An other reason may be a willingnesse in his Maiestie and the State to haue plainly discouered to the whole world the different grounds and principles in things concerning obedience due to God and Caesar etwixt Catholikes of quiet disposition and in all other things good subiects and such other Catholikes as in their hearts maintaine the like violent bloody maximes that the Powder-Traytors did and a desire that his Catholike subiects would plainly let him see that in all temporall affaires they would and might lawfully according to the grounds of Catholike Religion adhere to him notwithstanding any authority by which the Pope might pretend to commaund them the contrarie whereby himselfe and his State might bee the better secured from all perturbations which might arise from thence and they also freed from most grieuous penalties which otherwise would bee imposed vpon them 117 And if the Pope should vpon some occasion offered be desirous to know how the Iewes that are borne and liue in his temporall Dominions stand affected towards him in point of their ciuill loyaltie and due obedience and whether they thought that their Chiefe Priest or Synagogue had according to the grounds of their Religion authoritie to absolue them from the bond of their naturall allegiance and for that cause should suffer bookes to be printed vnder the name of Iewes with Epistles dedicatory to their chiefe Priests and submission of the whole to the censure of their Synagogue or if the French King should for some good respects bee desirous to know the like concerning his Protestant subiects and thereupon suffer bookes to be printed vnder the name of Protestants with Epistles dedicatory to their chiefe Ministers and submission of the whole to their Congregation or Synode would not any man thinke it to bee both a manifest slander and childish inference to conclude from hence that eyther the Pope was turned Iew or the King of France become a Protestant for suffering such bookes to be printed in that manner or that therefore they knew the Authours of them meant the same for a meere mockery and derision of their chiefe Priests Ministers or Synodes honouring them as the Iewes did Christ when they kneeled downe and adored him saying Aue Rex Iudaeorum and spitting in his face And yet these are the manifest arguments which this vncharitable and ignorant fellow obiecteth against me to proue me an heretike disguised and masked vnder the vizard of a Catholike 118 An other Argument of the like kind vrgeth against mean other as foule a mouth'd and vncharitable Aduersarie of mine to wit that my bookes are printed without license and approbation of Catholike Superiours contrary to the decrees of the Lateran Councell vnder Pope Leo the tenth and also of the Councell of Trent But besides that this is more then this man doth know or can sufficiently prooue it is well knowne that neither that Lateran Councell nor the Councell of Trent were euer authentically receiued heere in England whereupon clandestine marriage which by a decree of the Councell of Trent is made inualide is heere in England euen among Catholikes accounted a true and valid marriage Moreouer it is well knowne that according to the doctrine of many learned Diuines which I haue related else where c In Disp Theol. cap. 10. sec 2. nu 41. Ecclesiasticall lawes doe not binde when there is danger of some great temporall harme by the obseruing of them or when some other necessitie to auoid great scandall or danger to Religion or the temporall common-wealth to know the trueth in a thing necessary to the great temporall or spirituall good or harme of many persons impugned by craft and violence and to defend himselfe and his credite from the slaunderous reports of vncharitable Aduersaries and such like necessities which are commanded or permitted by the law of God and nature all which may by any man of iudgement be applyed to the bookes written by me 119 Besides that saith Mr. Fitzherbert d Pag. 222. nu 20. and 21. their Lordships know full well that Widdrington shall more easily instill his pernicious doctrine into the mindes of Catholikes vnder the pretence and name of a Catholike of a friend and of a brother of theirs then if hee should discouer himself to bee a Protestant and enemy of their cause for as the Poet saith Tuta frequensque via est per amici fallere nomen Tuta frequensque licet sit via crimen habet Which one translated very aptly thus It is a safe and common way by friendship to deceiue Though safe common be the way t' is knauery by your leaue S. Ambrose saith Nihil periculosius his haereticis esse potest c. S. Ambros de filij diuvnt c. 1. Nothing can bee more dangerous then those heretikes who with some one word onely as with a drop of poyson doe infect the pure and sincere faith of our Lord and of the Apostolicall tradition But what would he haue said if he had seene this fellowes bookes impugning directly the Sea Apostolike and the whole course of the Ecclesiasticall gouernment vnder a solemne protestation and profession of obedience to the Church would he haue thought any thing more dangerous or pernicious then him and his workes No truely 120 That which his Maiesty and the State might very well know for their secret thoughts and intentions we cannot know but by coniecture was this that Catholikes would hardly beleeue or reade the writings and bookes of Protestants in matters which may be thought to concerne Religion And therefore to the end his Catholike subiects might plainely see and discerne according to the grounds of Catholike Religion the true difference betwixt spirituall obedience due to the Pope and temporall allegiance due to himselfe and the proper acts and obiects of eyther of them and thereby might the more easily be drawn to giue him that temporall allegiance which hee requireth at their hands And that also all other Catholikes of other Countreyes might perceiue the lawfulnesse of the Oath against which the Iesuites especially did so greatly exclaim vpon what doctrin principles his Maiesty grounded the same also that he himselfe might certainly know what particular exceptions his Holinesse would or could take against any clause of the Oath and what one thing in particular therein contained is contrary to faith and saluation as his Holinesse had in generall in his Breues affirmed that many things were therein clerely repugnant thereunto his Maiesty thought it not amisse to suffer my bookes to be printed vnder the name of a Catholike with Epistles dedicatory to the Pope and with submission of the
S. Iohn Baptist 1614. A most humble Child and Seruant of your Holinesse and of the Holy Sea Apostolike The Authour of the Bookes as aforesaid c. 138 THis is the Purgation humble Supplication which I sent to his Holinesse vpon the Decree and commandement of the Lord Cardinals to purge my selfe forthwith which their Decree if all things be duely considered doth rather confirme strengthen then any way condemne disprooue or weaken any particular doctrine contained in my bookes For can a man with reason imagine that those most Illustrious Cardinalls would not for their honour sake and for satisfaction of the Christian world haue expressed some bad doctrine contained in my bookes but haue forbidden them in such generall words without expressing any one proposition which is in them repugnant to faith or good manners and after such an vnvsuall manner haue commaunded me to purge my selfe foorthwith and that vnder paine of Ecclesiasticall Censures without declaring any crime either in particular or in generall whereof I should purge my selfe if the could haue named any one proposition which they could haue cleerely maintained to be repugnant to the Catholike faith or Christian manners especially seeing that my Theologicall Disputatation as I haue shewed aboue in my Purgation was onely an humble Petition to his Holinesse and a sincere propounding to his Fatherly consideration the great and many difficulties which by occasion of his Breues condemning the Oath as containing in it many things flat contrary to faith and saluation did vexe trouble and perplexe the soules and consciences of his poore afflicted Catholikes earnestly requesting him and in regard of his Pastorall office as it were coniuring him that he would be pleased to satisfie their difficulties and to make knowne to them any one thing in the Oath of those many which by his Breues he had declared to be cleerely repugnant to faith and saluation 139 Now to say as some Priests heere with vs to excuse this strange proceeding of his Holinesse and the Cardinalls doe very indiscreetly and vnlearnedly affirme that it is against the Maiestie of the Court of Rome to giue English Catholikes particular satisfaction in these points and that they must obey with blind obedience and without any further examining of the matter whatsoeuer his Holinesse and the Cardinalls of the Inquisition doe decree and command although it be in preiudice to themselues and to their temporall Prince and State it is alas rather to be pittied then answered For no man of learning or iudgement can make any doubt but that if a spirituall Superiour or Prelate of what dignitie or preheminence soeuer hee bee shall command or forbid any thing which is dangerous to Religion to the Common-wealth or to a third person as all the world seeth the forbidding of English Catholikes to take the new Oath of Allegiance to be heere in England thus dangerous and the subiect is doubtfull whether his prohibition or commandement bee lawfull or proceedeth from lawfull and vndoubted authoritie or no hee is not bound foorthwith to obey but hee may without any note of disobedience propound humbly to his Superiour or Prelate the reasons of his doubt and the causes which mooue him to thinke assuredly that his Superiour or Prelate was misled either by false information or by his owne fallible opinion in imposing such a dangerous command and the Superiour or Prelate and much more if he be the Supreme Pastour of our soules is bound by his Pastorall office to feed all the sheepe of Christs flocke with the word of doctrine and instruction in things necessary to saluation when they shall humbly and earnestly desire to be therein instructed by him to whom the charge of their soules is principally committed by Christ our Sauiour in those words spoken to S. Peter Pasce agos meos Pasce oues meas Feed my lambes Feede my sheepe 140 Seeing therefore that wee haue diuers times most humbly and earnestly requested his Holinesse being the Supreme Pastour of our soules to make knowne to vs any one thing of those many which he in his Breues hath onely in generall words declared to be flat contrary to faith and saluation or any one proposition contained in my bookes which is repugnant to faith or good manners protesting with all sinceritie to purge and retract forthwith whatsoeuer is to be purged and retracted and haue also propounded vnto him most humbly the reasons of our doubts and why we are perswaded that he hath heerein beene misled and drawne to this course either by his owne fallible opinion or by the bad information of Cardinall Bellarmine and his other Diuines most instantly requesting to be satisfied herein and as yet cannot receiue from him any satisfaction at all And which also is very considerable seeing that I haue since that time made knowne to his Holinesse and to all the world by publike writings the manifest slaunders which Cardinall Bellarmine masked vnder the name of Doctour Schulckenius and who also in that Congregation of Cardinals deputed for the examining of bookes is one of the chiefest men and which is more strange both my principall Aduersary Accuser and Iudge hath very falsly imposed vpon me and how shamefully he hath corrupted my words and meaning to prooue me an heretike disguised vnder the faire colourable name of a Catholike and to impeach my doctrine of errour and heresie And besides the discouery of these shamefull calumnies for the which I demaunded iustice at his Holinesse hands I haue also made an other Supplication to his Holinesse most humbly requesting him either to declare vnto vs what one thing in the Oath is repugnant to faith and saluation and what one proposition in my bookes is contrary to faith or good manners or else to cause that Decree of the Cardinalls against my bookes to be reuersed and to account me and other Catholikes not to be disobedient children to the Sea Apostolike for not admitting his Breues which are grounded either vpon such an opinion which no Catholike is bound to follow or vpon the false information of Cardinall Bellarmine and his other Diuines or rather vpon both And considering also that not onely neither Cardinall Bellarmine hath for his credit sake cleared himselfe as yet of those fowle aspersions and crimes wherewith I haue charged him nor his Holinesse hath as yet vouchsafed to giue any fatherly instruction or satisfaction in these our important difficulties and necessarie requests but also the said Cardinalls haue after their former manner condemned that my Supplication onely in generall words without taking notice of the slaunders which Cardinall Bellarmine did falsly impose vpon me or expressing any one proposition contained in that Supplication or in any other my bookes contrary to Catholike doctrine or Christian manners as in that Supplication I desired to know All which things being considered I leaue good Catholike Reader to thy prudent consideration whether this strange proceeding of theirs be not an euident signe to any indifferent man that they can find no one thing in the Oath which is repugnant to faith or saluation nor any one proposition in my bookes contrarie to faith or good manners and that in they haue entred into such an exorbitant vncharitable and iniurious course and also drawne his Holinesse thereunto wherein with their honours they can hardly goe forward and yet rather then they will seeme to goe backeward and acknowledge freely that by the aduise of Cardinall Bellarmine and other Diuines of Rome they haue beene deceiued they will still goe on and care not to haue innocent Catholikes by their vniust proceedings to be accounted heretikes or disobedient children to the Sea Apostolike which in the end will turne to their great shame and dishonour and in the meane time cannot be but very scandalous to Catholike Religion very dishonourable to the Popes Holinesse and themselues very iniurious to English Catholikes and very burdensome to their owne consciences which so many dangers I beseech Almighty God with all my heart that he will inspire them to preuent in time and before it be to late So that it were farre better for the credit of my Aduersaries and of their cause and for the honour of the Sea Apostolike not to vrge any more the Popes Breues against the Oath or the Cardinalls Decree against my bookes but to bury them with perpetuall obliuion vnlesse his Holinesse and the Lord Cardinals of the Inquisition will descend to some particular points which with their reputation and honour they are able to maintaine The same submission * What reasons the State may haue to permit such submissions see aboue in this Chapter from num 110. which I made heretofore of all my writings to the Censure of the Catholike Romane Church I doe heere repeate againe FINIS Errata Page Line Errours Corrected 9 25 euen euer 30 8 soule soules 55 35 with them with him 108 34 the 70. Iudges the Iudges 116 28 Galgatha Galgala 131 1 make may make 144 19 presenting representing 155 36 of Princes of the Princes 170 14 shall beneath shall see beneath 200 31 was grace was not grace 200 36 reigne Ionathan reigne of Ionathan 250 43 nature naturall 286 29 not of malice not malice 286 37 amongst our amongst others our 287 8 pertienent impertinent 330 4 exercied exercised 330 7 as that as at that 347 7 Lawes Lawyers 372 25 selfe who would selfe would 389 17 or for 394 13 no nor 396 2 deserueth both in deserueth in 408 27 vpon to vpon him to 411 37 valued valid 418 37 of of his 435 19 Canonica Canonici 442 3 confuted confirmed 450 19 both them both of them 469 21 for that the for the 477 20 to belieued to be belieued 505 17 lilence licence 508 2 comfort confront 509 27 vncertaine certaine 515 42 dogmatike dogmatize 542 41 Decrees Decree 565 2 propound propounded 572 26 running cunning 576 32 altogeth altogether 584 12 included concluded 585 7 them then 591 15 meat means 591 23 despose depose 596 26 artificall artificiall 596 28 aimeth at in aimeth in 630 19 nud and 636 11 Dhctours Doctours