body which for as much as appertaineth to the power it selfe and not in regard of all other things which are requisite that the power shall haue effect is sufficient and necessarie to the eternall saluation of soules yet that hee must needes haue euen ouer the soule and much lesse ouer the body and temporall goods and states all that power which is conuenient for the good of soule as my Aduersary heere affirmeth is very vntrue for this were a too too large extension of the Popes pastorall power ouer the soule and body and would cleerely prooue that the Pope should haue power to doe miracles as the Apostles had and by miraculous operations to bring actually all Christians to the kingdome of heauen For no man as I thinke can make doubt but that the Pope to haue all that power whereby all Christians shall bee actually saued is very conuenient for the good of soules Neither will my Aduersarie be euer able to prooue that it is necessary to the saluation of soules or to the gouernment of the Church as it was instituted by Christ to bee a spirituall and not a temporall Common-wealth to haue power to dispose of temporals and to depriue temporall Princes of their kingdomes and liues 12 Secondly that proposition he that hath the greater power hath the lesse which my Aduersary vntruely saith to bee a rule of the Law for that it is not to bee found among the rules either of the Canon or Ciuill Law is very vntrue if it bee taken in those generall wordes and without due limitations which my Aduersary doth not declare as might be conuinced by infinite examples whereof some may be seene in the next Chapter where wee shall treate of this Maxime more at large and for the present this onely shall suffice that if it were vniuersally true it would cleerely conuince that the Pope who by the institution of Christ hath spirituall power which is the greater power should also haue temporall power which is the lesse which my Aduersarie as I thinke will hardly grant vnlesse hee will now become a Canonist and affirme that the Pope as Pope hath both temporall and spirituall power and is both a temporall and spirituall Prince which is repugnant to the common doctrine of the Diuines of his owne Societie 13 True it is that if the lesse be taken for that which is contained in the greater either actually and formally or vertually he that hath the greater power hath formally or vertually also the lesse as because a hundred crownes is actually contained in a hundred pounds and foure degrees of heate is actually contained in eight and heate is vertually contained in light therefore from those rules of the law which rather may bee called rules of naturall reason for that they are grounded vpon the light of nature i De regulis iuris in 6. regula 35. 80. Plus semper continet in se quod est minus into to partem non est dubium contineri The greater doth alwaies containe in it the lesse and there is no doubt but that a part is contained in the whole we may rightly inferre that he who can giue a hundred pounds can giue a hundred crownes and the fire which can produce eight degrees of heate can produce foure and the Sunne that hath power to produce light hath also power to produce heate But temporall power is neither formally nor vertually contained in the spirituall power of the Pope although it be vertually and supereminently contained in the spirituall power of God almightie in whom all create powers are vertually in an infinite and superexcellent manner contained That which is obiected saith Ioannes Parisiensis he that hath power to doe the greater Ioan. Paris de potest Regia Papali cap. 17. ad 17. hath power to doe the lesse therefore the Pope who hath power in spiritualls hath also power in temporalls it is true in the greater and lesser which are per se subordained as because a Bishop hath power to ordaine a Priest therefore he hath also power to ordaine a Deacon but it doeth not hold in those things which are of a diuerse order or kind as because my father could beget a man therefore hee can also beget a dogge or because a Priest can absolue from sinne therefore hee can also absolue from the debt of money 14 Thirdly neither is that true which my Aduersary affirmeth that S. Paul by that proposition he that hath the greater power hath the lesse did iustifie his dealing with temporall affaires when hee aduised the Corinthians to constitute and appoint Iudges amongst themselues to decide their controuersies rather then to haue recourse to the tribunalls of Infidells which Iudges S. Chrysostome vpon this place calleth Arbiters and accorders or reconcilers For S. Paul foreseeing that some might easily obiect as S. Chrysostome obserueth that those Corinthians who were newly become Christians were for the most part rude ignorant and vnnoble and therefore might seeme to bee men vnfit and vnworthie to intermeddle in secular controuersies therefore to preuent this obiection he vseth an argument which the Logicians call a maiori ad minus from the greater to the lesse which argument is not grounded in that maxime he that hath the greater power hath the lesse but in this hee that is worthie to haue the greater power is not vnworthie to haue the lesse To preuent therefore that obiection S. Paul argueth in this maner Know you not that the Saints shall iudge of the world and if the world shall bee iudged by you are you vnworthie to iudge especially as Arbitratours of the least things Know you not that wee shall iudge Angels how much more secular things 15 This therefore is the force of the Apostles argument as Benedictus Iustinianus a learned Iesuite vpon this place doeth well declare The Apostle saith he argueth a maiori from the greater Beâ—ed Iustin in 1. Cor. 6. For if the Saints are accounted worthie to be appointed Iudges of the whole world who can thinke them vnworthie to bee ouer the meanest and least iudgements If to your iudgement the world shall be subiect are you to bee accounted vnworthie to decide and compose the least controuersies and strifes of your brethren If we shall iudge the Angels these bee the wordes of Photius related by Iustinian how much more shall wee bee fit to compose the strifes and controuersies which arise concerning things necessarie to mans life whereupon the Apostles argument doth well conclude saith Iustinian that those who are appointed Iudges of the world cannot bee accounted vnworthie to haue charge of humane iudgements if they bee appointed by them who haue this authoritie or who may by right subiect themselues to their iudgements as those who are in suite may to Arbitratours Neither is this repugnant saith Iustinian to the publike authoritie of Iudges and Magistrates for no man is compelled to goe to the Magistrate if by other waies he may
willingly graunt that it may be confirmed by the common custome and practise of the Primitiue Church that not onely the Pope but also inferiour Bishops yea and Priests had power to command or enioyne bodily penances to their penitents as fasting prayer lying vpon sackcloth and ashes yea and giuing of almes in satisfaction of their sinnes as the building of Churches Colledges Hospitals or Religious Houses according to the greatnesse of their offence and the qualitie condition and abilitie of the penitent or to vse the tearme of Diuines claâ—e non errante the key not erring For if such penances should be enioyned without discretion and due regard of the greatnesse of the offence or of the state and condition of the penitent the key should erre and would not haue force to bind Secondly I doe also graunt that there is an order and subordination in worth and dignitie betwixt spirituall corporall and temporall goods or of the soule of the body and of fortune and that according to the light of nature the goods of the soule being most worthy are to be preferred and esteemed before the other two and that the goods of the body bodily life health libertie and such like bodily contentments are to be preferred before the goods of fortune which are honour dignitie wealth and temporall states and that all of them are with due order to be referred to the seruice and glorie of God and to the eternall saluation both of body and soule But what followeth from all this 33 Whereupon I inferre saith my Aduersarie r pag. 33. nu 5.6 according to the axiome of the law accessorium sequitur principale that seeing not onely the body but also temporall goode and states are inferiour to the soule and ordained for the seruice thereof a must needs follow that the Church hauing power and authoritie ouer the body for the benefite of the soule hath also power ouer temporall goods and states when it is necessarie for the good of the soule and for the glorie of God for the which 〈…〉 bodies goods states and all things else were created and ordained And this me thinkes our aduersaries should not deny seeing that their Ecclesiasticall discipline admitteth not onely corporall chastisements by imprisonment but also pecuniaris mulcto and penalties Therefore vpon this I inferre that Christian Princes being sheepe of Christs flocke and consequently to be fedde and gouerned by the supreme Pastour of the Church may also be chastised by him in their temporall states when it shall be necessarie for the glorie and seruice of God the benefite of soules and good of the whole Church whereto all Christian Kingdomes Isa 60. and Empyres are subordinate and subiect as I haue prooued before out of the holy Scripture and will prooue also after a while by the very law of nature and light of reason 34 But first touching the consequent or conclusion of his inference or argument to wit that the Pope hauing power ouer the soule hath power also ouer the body and goods when it is necessarie for the good of the soule and glory of God I doe willingly graunt the same if it be vnderstoode of a power not to dispose of corporall and temporall goods but to command and enioyne them in order to spirituall good albeit my Aduersarie did vnderstand it of both as I shewed before But as concerning the consequence inference or argument which hee draweth from that rule of the law De Regulis Iuris in 6. regula 42. The accessorie followeth the principall or as it is in the Canon law Accessorium naturam sequi congruit principalis It is fit or conuenient that the accessorie follow the nature of the principall which rule as the Glosse there affirmeth is taken from that rule of the Ciuill law ff de Regulis Iuris regula 138. Cum principalis causa c. When the principall cause is not consisting for the most part neither those things that follow haue place there can be no conuincing or demonstratiue argument as all my Aduersaries arguments must be if hee will prooue by them that the oath cannot with a safe and probable conscience be taken by any Catholike and that the doctrine for the Popes power to depose Princes is a point of faith be drawen from that generall rule of the law which hath so many exceptions restrictions and limitations and which are not as yet made sufficiently knowen by the Lawiers as neither what is vniuersally meant by Accessorie and what by Principall and what is to follow the nature of the principall 35 And therefore not without cause doth the rule of the Ciuill law from which this rule of the Canon law is taken adioyne that word plaerunque for the most part and the rule it selfe of the Canon law doth not absolutely say that the Accessorie must follow or doth follow the nature of the principall but it is fit or conuenient that the accessorie doe follow the nature of the principall to signifie that it doth not alwaies and of necessitie but for the most part and of congruitie follow the principall and that Iudges ought for the most part follow this rule in their iudgements if they haue no speciall reasoned meaning 〈…〉 to the contraries And therefore as the marginall Glosse vpon the Ciuill law doth well obserue Å¿ Leg. Et si is quem Cod. de praedijs alijs c. The accessorie doth not follow his principall when in the accessorie there is not the same reason which is in the principall 36 Secondly therefore I would gladly know of my Aduersarie whether he will haue this rule to be grounded onely in humane law and hath it force and strength onely from thence so that if the Ciuill or Canon law had not made and ordained that rule it would not be of force and validitie or else it is grounded also in the law of God or nature If he graunt the first as commonly the Lawiers doe and therefore some things which seeme of their owne nature to be accessorie as a saddle and bridle are to a horse are not accessorie according to humane law and therefore he that selleth a horse doth not consequently sell the bridle and faddle and somethings which are not accessorie of their owne nature as a dowrie is not necessarily annexed to marriage are made accessorie according to humane lawe and therefore he that marrieth a woman with the consent of her parents hath right to a dowrie and the parents are bound by the Ciuill Law to giue a dowrie if they be able wherefore the Glosse vpon the aforesaid rule of the Ciuill law doth obserue that the word plaerunque for the most part was purposely added to that rule of the law for that sometimes that rule doth faile to which purpose he alledgeth many texts of the Ciuill law If my Aduersarie I say will graunt the first he can not but easily perceiue that there can no forcible argument be drawne from the
by vertue of that maxime The accessorie followeth the principall but by vertue of this that hee who is Lord of any bridle hath power to dispose thereof or he that is Lord and can dispose of all temporall things hath consequently power to dispose both of all horses and all bridles fortifie my Aduersaries argument concerning the Popes power to dispose of all temporall things vnlesse it bee first prooued as hitherto it hath not beene that the Pope is Lord both in temporalls and spiritualls in such sort that for the common spirituall good hee may dispose of all temporall things as it is certaine that absolute Princes may for the common temporall good dispose of all temporalls and priuate men may dispose of those goods which are their owne And therefore the comparison which my Aduersarie heere maketh betwixt the Lord of a horse who only disposeth of his owne bridles and not of another mans and the Pope who to punish a Prince disposeth only of the Princes goods and states and not of other mens is to little purpose for that it doth suppose that which is in question and which hitherto hee hath not prooued to wit that the Pope hath power to dispose of the temporall goods states and bodies of all Christians and that the publike good of the Church doth necessarily require that the Pope haue power to dispose of all temporalls And thus much concerning my first instance wherein whether I haue plaid bootie with them and helped vnder-hand to defend his cause and whether it be foolish ridiculous and repugnant to my owne doctrine I remit to the iudgement of any learned man 66 Now you shall see how well Mr. Fitzherbert replyeth to my second instance His other argument or instance saith he m Pag. 38. nu 15. 16. 17. is as I haue said no lesse malicious then his last was foolish and ridiculous The Pope saith hee hath power ouer the Princes soule ergo ouer his life because the accessorie followeth the principall wherein you see hee seeketh to draw vs to an odious question touching the liues of Princes Neuerthelesse to say somewhat vnto his argument and yet not to enter into such an odious matter let him make the case his owne and I will not deny but that the Pope hauing power ouer his soule and being withall supreame Gouernour of the whole Church hath power also ouer his life so farre foorth as it may be conuenient for the good of the Church I meane not that the Pope hath power to take his life without iust cause or by vniust or vnlawfull meanes which neither the temporall Prince who hath direct power ouer his body can doe but vpon iust occasion giuen by him and according to the ordinarie manner prescribed by the Ecclesiasticall Canons that is to say by deliuering him ouer to the secular Iustice S. Leo epist ad Turbium Astâ—ricens Episc because the Church as S. Leo saith refugit cruentas vltiones doth fly bloodie punishment and therefore the Church vseth not by her owne ministers to giue and much lesse to execute the sentence of death vpon any though shee might doe it if shee would for seeing there is nothing that hindreth it but Ecclesiasticall Canons the Pope being head of the Church might dispence therewith and make it lawfull if iust occasion required 67 And how true it is that the Pope hath power ouer the life of any Christian with the circumstances and limitations before mentioned I feare me my Aduersarie Widdrington might find to his cost if hee were heere and would not recant his doctrine euen in this point to wit that the Church cannot inflict temporall and corporall punishments whereby hee impugneth not only the ancient and vniuersall practise and custome of the Church but also the Ecclesiasticall Canons n Cap. ab abolendam cap. vergentis cap. excommunicamus extra de haeretic cap. licet de voto cap. 1. de homicidio in 6. Concil Trid. sess 24. c. 8. 25. cap. 3. and decrees of many Councells and Popes and finally of the Councell of Trent as I shall haue good occasion to shew more particularly heereafter o Inf. c. 11. nu 3. 9. item c. 12. nu 6. 7. s 68 In the meane time hee is to vnderstand that granting as hee doeth that the body is subordinate and subiect to the soule and that all corporall and temporall things are to serue spirituall things yea and to bee commanded by the supreame spirituall Pastour to that end and consequently that they are accessorie in the respect of the soule and good of the Church hee cannot with reason deny the consequence of my argument to wit that forasmuch as the accessorie followeth the principall therefore he that hath power ouer the soule and all other spirituall things hath power also ouer all things that are accessorie thereto namely the temporall goods states and bodies of all Christians when the good of soules and of the whole Church doth necessarily require it as shall bee further declared after a while p Cap. 5. nu 37. 38. item c. 6. nu 12. 13. 14. seq vpon further occasion giuen by my Aduersarie 69 Heere you see that Mr. Fitzherbert doeth not deny my consequence but alloweth it for good in those his wordes And how true it is that the Pope hath power ouer the life of any Christian and consequently of Christian Kings with the circumstances and limitations before mentioned to wit so farre foorth as it may be conuenient for the good of the Church a large and intollerable extension of the Popes spirituall power to take away the liues of Christian Princes and subiects and vpon iust occasion giuen by him and againe that the Pope hath power ouer the temporall goods states and bodies of all Christians and consequently of Christian Princes when the good of soules and of the whole Church doth necessarily require it So that you see he graunteth my argument to be good but yet to be malicious that I speake the trueth but of malice But truely it is strange to what virulent and slanderous speeches some intemperate spirit hath drawen the libertie of this mans pen. If he imagine that with any colourable reply he can except against my aunswere then it is friuolous impertinent foolish and ridiculous if he can not then it is malicious God almightie who is the onely searcher of all mens hearts knoweth herein my innocencie and that zeale to the Catholike religion desire to know the trueth loue to my Prince and countrey and not any splene or malice hath mooued me to write both this and all the rest and therefore I humbly beseech his Diuine Maiestie to forgiue him and to graunt him true repentance for that which is past and that hereafter he may haue a more milde and temperate spirit 70 But wherefore trow you is my argument malicious because it draweth him sayth he to an odious question as though forsooth the propounding 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
with his soule and that the body concurreth with the soule to the execution of all externall workes good and bad and shall be either glorified or tormented eternally together with it no man can with reason denie but that he who hath the direction and gouernement of the whole person for the eternall good thereof may punish the same as well in the one part as in the other as also in what else soeuer is accessorie to the said person when the same shall be requisite for the eternall good and saluation thereof So as reason it selfe may teach vs that the Apostolicall power and authoritie extended it selfe to the punishment not onely of the soule but also of the body and goods when occasion required And this I hope may suffice for the confutation of Widdringtons answeres concerning the law of God and Nature and therefore I will now briefly examine what he saith concerning the law of Nations and the Ciuill or Imperiall law which shall be the subiect of the next Chapter 81 But truely I cannot but wonder that Mr. Fitzherbert who is taken and commended by many for a man although not of any great Schoole-learning yet of a deepe and rare naturall iudgement should so palpably bewray both his want of learning and also his weakenesse of iudgement For by his owne argument any man of iudgement may conclude that a temporall Prince may punish his subiects not onely in their bodies and goods but also in their soules seeing that it cannot be denied but that he is their Superiour in regard not onely of their bodies but also of their soules that is to say of their whole persons wherein their soule is necessarily included and therefore for as much as euery Christian man is bound to serue his temporall Prince and obey his iust lawes no lesse with his soule and for conscience sake then with his body and that the soule concurreth with the body to the execution of all externall workes good and bad and shall be either glorified or tormented eternally together with it no man can with reason denie but that hee who hath the direction and gouernement of the whole person for the temporall good thereof and the publike good of the whole common-wealth may punish the same as well in the one part as the other as also in what else soeuer is accessorie to the said person when the same shall be requisite for the temporall good of the said person and the publike good of the whole common-weath So as reason it selfe may teach vs that temporall authoritie extendeth it selfe to the punishment not onely of the body but also of the soule when occasion requireth 82 Now what will Mr. Fitzherbert in his iudgement say to this argument Can he denie that a temporall Prince is not Superiour to euery person that is subiect to the lawes of his kingdome Or can hee deny that when a temporall Prince commaundeth his subiects to doe any thing that part which is principally commaunded is the soule which is capable of reason and therefore chiefly subiect to command and not the bodie which is not endued with reason for which cause neither the soule if it want the vse of reason is subiect to command as it appeareth in infants and mad men who although they should kill a man doe no more transgresse the law made against murther then if a wild beast should doe the same And therefore it cannot be denied but that as well a temporall Prince in order to temporall good as a spirituall Pastour in order to spirituall good is superiour to the whole person of man although the soule which is capable of reason and vnderstanding and not the body is chiefly subiect to the commandement as well of temporall Princes in order to temporall good as of spirituall Pastours in order to the spirituall and eternall good of their soules Moreouer a Christian Prince is to direct and gouerne by temporall lawes the persons committed to his charge not onely for their temporall good but also for their spirituall and eternall for that the end of a Christian Prince is also according to Card Bellarmines doctrine ſ In Schulkenio pag. 334. not onely temporall good and externall peace in the common-wealth but also euerlasting happinesse for which man was principally created and to which euery Christian Prince ought as much as lyeth in him to bring the soules of his subiects and therefore he may according to my Aduersaries argument punish them as well in their soules as in their bodies when it shall be requsite to the eternall good and saluation of the whole person Whereby you may see what little reason any man of iudgement can haue to repose his soule and conscience vpon the learning and iudgement of this man who here in a matter of such importance hath so grosly discouered his great want of learning iudgmēt 83 Secondly therefore◠the weakenesse of this argument will cleerely appeare and the confused and cloudie mist of the Popes Superioritie ouer the whole person of euery Christian man which Mr. Fitzherbert for want either of learning and iudgement or of sinceritie hath cast before the eyes of the vnlearned Readers will be easily dispersed and their vnderstandings cleered if they distinguish betwixt the directiue or commanding and the coerciue or punishing power both of temporall Princes and also of spirituall Pastours For to omit now Metaphisicall questions as in what consisteth essentially the person of man and how the person of man is distinguished from his humanitie or which is all one from the body and soule of man being vnited in one essentiall compound and whether the subsistence or personalitie of man be a simple or compound entitie a spirituall or corporall or mixt of both for if it be a simple entitie we cannot properly say the whole person of man as though the personality of man were compounded of parts which difficulties the vulgar sort cannot well comprehend and to take the whole person of man in the common vulgar sense as it is a particular or indiuiduall substance including both body and soule it is euident that the soule of man is if not onely yet principally subiect to the directiue or commanding power not onely of spirituall Pastours but also of temporall Princes for that lawes are not made but for reasonable creatures and who haue free will to obserue or transgresse the law And therefore although a temporall Prince hath power to force or punish the bodies of his subiects yet he cannot command their bodies because they are not capable of reason or vnderstanding 84 But we must not argue in the like manner concerning the coerciue or punishing power For considering that not onely the soule but also the body are subiect to punishments according to their nature to wit the soule to spirituall and the body to temporall punishments therefore as well the body as the soule are subiect to the coerciue or punishing power in generall according as it may inflict corporall
bitternesse as he did in the former and as before hee taxed me of fraude impudencie impietie and of being no good Catholike but how wrongfully you haue alreadie seene so now he boldly affirmeth that my arguments and answeres are partly repugnant to my owne doctrine and partly malicious improbable impertinent foolish and ridiculous but how vndeseruedly you shall presently perceiue He tooke vpon him as you haue seene to proue in his Supplement that the oath is vnlawfull and repugnant to all lawes humane and diuine in respect of two clauses to wit that it doth exempt temporall Princes from Excommunication and deposition by the Pope and that therefore it was iustly condemned by his Holinesse and refused by Catholikes although for this later hee could not bee ignorant that where one Catholike hath refused it a hundred haue taken it And as for the first clause concerning excommunication hee passeth it ouer altogether with silence neither doth he bring any one argument or shew of argument to proue that the Popes power to excommunicate is denied in the oath for which cause I affirmed in my Admonition to the Reader that Mr. Fitzherberts supposition for so much as concerneth the Popes power to excommunicate Princes and consequently his Primacie in spiritualls which he doth not proue with any one reason to be denied in the oath but supposeth it as manifest is very vntrue 2 But as for the second clause concerning the Popes power to depose Princes which is expresly denied in the oath he maketh a long Rhetoricall discourse labouring in vaine to prooue that according to all lawes humane and diuine the Pope hath power to depose Princes and to dispose of all their temporals And because the breuitie of that Admonition which was made after my Theologicall Disputation was in the presse would not permit to examine in particular all the arguments which he brought to prooue the same I thought good to answere briefly such arguments as seemed most plausible and withall to insinuate a certaine distinction which I had oftentimes in my former bookes declared more at large betweene the Popes power to command temporals and to dispose of temporals to command or impose temporall penalties and to inflict temporall penalties or to punish temporally by way of coercion which distinction doth plainly declare the true state of the question which he seeketh to obscure and quite ouerthroweth all his chiefest grounds 3 Among the rest of his proofes he brought one from this vulgar rule of the law Accessorium sequitur principale The accessorie followeth the principall from whence hee inferred a Cap. 1. Suppl nu 67. that seeing not only the body but also temporall goods and states are inferiour to the soule and ordained for the seruice thereof it must needes follow that the Church hauing power and authoritie ouer the body for the benefite of the soule hath also power ouer temporall goods and states when it is necessarie for the good of the soule and for the glory of God for the which our soules bodies goods states and all things else were created and ordained according to that rule of the law The accessorie followeth the principall b In Ad. nu 15 4 To this inference I answered briefly in this manner Secondly euery learned man may perceiue how vaine that consequence is which this Authour deduceth The accessorie followeth the principall therefore the Church hauing power ouer the soule hath consequently power ouer the body and goods except it be vnderstood of the power to command corporall things so farre foorth as they serue to spirituall things For we might also from that principle argue thus The accessorie followeth the principall therefore he that is Lord of all horses is Lord of all bridles The Pope hath power ouer the soule of the Prince therefore also ouer his life Let this Authour explicate what the Lawyers vnderstand by the name of accessorie and what by the name of principall in that axiome of theirs which suffereth many exceptions and is limited by them diuers wayes In the meane time wee deny his consequence not consequent as Mr. Fitzherbert translateth So that it is manifest that I did not deny that consequence if it had beene vnderstood of the power to command temporals in order to spirituall good but because the words are generall and so may comprehend both and Mr. Fitzherbert also meant of both therefore I did absolutely deny his consequence 5 Now my Aduersarie will needs haue me forsooth both to contradict my selfe in this answere and also to ouerthrow my owne arguments For hauing set downe my answere hee replyeth thus c Nu. 2. Wherein I wish it to be noted first what Widdrington granteth and after what he denyeth and I doubt not but it will easily appeare that he ouerthroweth his owne arguments and contradicteth himselfe He granteth as you see that my consequence is not vaine if it be vnderstood of a power in the Pope to command corporall things so farre forth as they are to serue spirituall things yet he denyeth my consequence albeit I doe not thereby suppose in the Pope any other power ouer bodies and goods then such as followeth of their subordination to the soule which is in effect the same relation and limitation that he maketh thereof to wit so far forth as corporall temporall things are to serue spirituall things as it may euidētly appeare by the discourse which I make concerning the same in my Supplement from whence he taketh my argument and therefore I thinke good to repeate here what I haue said there touching this point whereby I hope I shall not onely fortifie and prooue my consequence which he denyeth but also explicate fully what I meane by the name of accessorie and principall as you see he commanded me to doe he should rather haue said as I wished him to doe Thus Mr. Fitzherbert 6 And I also wish the Reader to obserue first what my Aduersarie pretendeth to prooue and after what he prooueth and I doubt not but it will easily appeare that I doe neither ouerthrow my owne arguments nor any way contradict my selfe He pretendeth to prooue that the Pope as Pope hath power in order to spirituall good to depose temporall Princes to punish them by depriuing them of their kingdomes and by disposing of all their temporals and not onely to command or enioyne but also to inflict temporall punishments as it appeareth by the whole scope of his Discourse both in his Supplement and also in this Treatise whereupon a little beneath in this chapter c Nu. 10. he calleth that distinction which I made betwixt the power to command corporall things and to punish corporally by way of coercion a friuolous distinction and afterwarde especially in the sixt chapter d nu 14. 15. 16. 17. hee laboureth to impugne the same and to prooue that if the Pope may command corporall and temporall things as they serue the spirituall and are reduced thereto he may also
punish his subiects in their bodies or temporall goods and dispose of all their temporals for the same respect 7 And neuerthelesse neither out of holy Scriptures nor from this rule of the law the Accessorie followeth the principall nor from the subiection of temporall things to spirituall nor by any other argument doth my Aduersarie sufficiently prooue that the Pope hath power to dispose of temporals or to punish temporally by way of coercion which he pretended and would seeme to his Reader to prooue but onely that the Pope as Pope hath power in order to spirituall good to command temporall things and to punish by way of coercion Christian Princes and people with spirituall or Ecclesiasticall Censures By which it will easily appeare whether I doe contradict my selfe in my answere and ouerthrow my owne arguments or no For I granted that the consequence was not vaine if it were vnderstood of a power in the Pope to command corporall things in order to spirituall good but because he pretended to prooue that the Pope as Pope can not onely command or impose but also dispose of temporals not onely enioyne temporall penalties but also inflict them or punish temporally by way of temporall constraint therefore I did absolutely deny his consequence or the consequence as it was vnderstood by him 8 And if it had pleased my Aduersarie after he saw that I granted the consequence if it were vnderstood of the power to command temporall things as they are to serue spirituall to haue set downe plainly what he intended to prooue by that consequence and whether he meant of the power onely to command temporall things or also to dispose of temporals as to dispose is distinguished from to command the Reader would quickly haue perceiued his fraude and that I doe neither contradict my selfe nor ouerthrow my arguments but to blind the eies of his Reader he doth neither affirme the one nor the other in this place but he vseth as you haue heard such generall Words which may be applyed to both For whereas to cleere the vnderstanding of his Reader he should haue declared of what power he meant for that I granted the consequence if it were vnderstood of the power to command temporals but if it were vnderstood of the power to dispose of temporals in which sense he must needs vnderstood it if be will speake to purpose then I denyed his consequence yet he onely affirmeth that he doth not thereby suppose in the Pope any other power ouer bodies or goods thē such as followeth from the subordination to the soule which is in effect the same relation and limitation that Widdrington maketh thereof to wit so farre forth as corporall and temporall things are to serue spirituall But if he had expressed that according to his doctrine and not mine from the subordination and relation of the soule to the body and of temporall things to spirituall it necessarily followeth that the Pope hath power not onely to command or impose temporall things but also to dispose of temporall things not onely to enioyne temporall penalties but also to punish temporally by depriuing men of their temporals the Reader would presently haue perceiued both the weakenesse of his argument and the sufficiencie of my answere 9 For it is very apparant and my Aduersary knoweth it right well that I alwaies denied that either from the subordination subiection or relation of temporall things to spirituall things of temporall ends to spirituall ends of temporall power to spirituall power of temporall Princes to spirituall Pastours or from any other ground rule or principle it doth necessarily follow that the Pope as Pope and by his Pastorall office hath power to dispose of temporall things to depose temporall Princes to inflict temporall punishments or which is all one to punish temporally by way of temporall constraint as by depriuing any man of his goods libertie or life although I euer graunted that the Pope as Pope hath power to commaund or impose temporall things and to enioyne corporall or temporall punishments in order to spirituall good or which is all one so farre foorth as temporall things are to serue spirituall things that is are to be vsed to the honor of God and the good of soules and to compell by the inflicting of spirituall censures or punishments all Christians to obey his iust command And therefore with good reason and conformably to my owne doctrine I graunted the consequence if it were vnderstood of the power to command temporals and also denied it if it were vnderstood as my Aduersarie must needes vnderstand it of the power to dispose of temporals and to punish temporally by way of temporall constraint Neither doth my Aduersary by that Discourse which hee made in his Supplement and now repeateth againe prooue any other thing then that the Pope by the ordinary power of his Pastorall office may command temporall things and enioyne temporall penalties in order to spirituall good And therefore it had beene needlesse to set downe heere his wordes but that the Reader shall see that I am not willing to conceale any one of his arguments Thus therefore he writeth f Nu. 3. 10 Hauing discoursed in my Supplement g Supplem c. 1 nu 65. of the written Law of God deliuered to vs in the New Testament and prooued thereby that our Sauiour made Saint Peter the supreame Pastour and Gouernour of his Church I prooued also the extension of his spirituall power to temporall things thus The spirituall Pastour said I hauing power ouer the soule must needes haue authoritie ouer the body and temporall goods or states so farre foorth at lest as it shall bee conuenient for the good of the soule according to the rule of the Law to wit hee that hath the greater power hath the lesse By the which reason the Apostle iustified his dealing with temporall affaires yea with such as appertained to politicall gouernment when hee aduised the Corinthians to constitute and appoint Iudges among themselues to decide their controuersies rather then to haue recourse to the tribunals of Infidels Nescitis c. Know you not saith he h 1. Cor. 6. that we shall iudge Angels how much more secular things as who would say Seeing wee haue the greater and more eminent authoritie haue wee not also the lesse if we haue power ouer spirituall things shall wee not haue power ouer temporall and secular things Thus argueth the Apostle and thereupon doubted not to intermeddle in the temporall and politicall gouernement which then belonged to the Pagan Emperours 11 But how weake and altogether insufficient is this Discourse of his to prooue the Popes power to depose temporall Princes to dispose of all their temporals and to punish temporally by way of coertion which is the maine marke at which my Aduersary aymeth any man of indifferent vnderstanding and learning may easily perceiue For first although it be true that the spirituall Pastour hath that spirituall power ouer the soule and
scandall but also against obedience and against legall and morall iustice by declining the iudgement of their lawfull Superiours and Iudges and by wronging their Aduersarie in drawing him against his will from the tribunall of his lawfull Iudge and who had good and sufficient authoritie to make a small end of his suite 27 But considering that these Iudges whom the Apostle commanded the Corinthians to appoint were not lawfull and proper Superiours and Iudges but only Arbaratours and consequently to whose iudgement they were not bound to stand by vertue of any subiection and obedience due to them but only by reason of scandall whereon the declaratiue precept of the Apostle was only grounded and which scandall being taken away the commandement of the Apostle doth also cease this difficultie is easily cleared For albeit it was very scandalous and therefore iustly reprehended by the Apostle that the faithfull Corinthians should of their owne accord without any necessitie for in that case Disp Theol. c. 10. s 3. nu 10. Salmer tom 8. tract 29. in Euang. as I obserued in my Theologicall Disputation out of Alphonsus Salmeron the actiue scandall doth cease and if it be any scandall it is not giuen but taken goe to the tribunalls of Heathen Magistrates yet it is not scandalous to appeare before them when they are called for in this case they must of necessitie by vertue of their subiection appeare and so the scandall ceaseth which would still remaine by their appearing if those Iudges whom the Apostle commanded the Corinthians to appoint had beene true and lawfull Superiours and Iudges for then they had also beene bound by vertue of their subiection not to forgoe the iudgement of their lawfull Superiours and Iudges and consequently not to appeare before the tribunall of the Heathen Magistrate in derogation of the authoritie of their Christian Superiour and Iudge And this may suffice for this point 28 Moreouer we read in the old Testament saith Mr. Fitzherbert n Nu. 4. pa. 31 3 Reg. 18. that Elias the Prophet had power to inflict temporall punishment yea death vpon the false Prophets of Achab whom he commanded the people to kill in his presence as also he caused fire to fall from heauen and consume the two Captaines of King Ochozias and their troupes 4 Reg. 1. In like manner wee reade in the new Testament that the Apostles S. Peter and S. Paul extended their spirituall authoritie to the temporall punishment of the body when it seemed to them conuenient for the glory of God and good of soules and therefore S. Peter stroâ—ke Ananias and Saphyra with suddaine death Act. 6. and S. Paul depriued Elymas the Magician of his sight Act. 13. 1. Cor. 5. and deliuered the incestuous Corinthian to the deuill to be bodily 〈◊〉 and tormented for the example and terrour of others vt spiritus saluus fiat that his soule might be saued and the same iudgements and corporall punishments these Apostles might no doubt as lawfully haue executed vpon any Prince in the world if hee had then beene a Christian and giuen the like occasion 29 But who would not wonder that any man of ordinarie iudgment should from an extraordinarie and miraculous power of the Apostles yea and of the Prophets who were no Priests or from a speciall command or inspiration of God to kill men and to doe other miracles inferre that the Pope hath an ordinarie Pastorall and Episcopall power to doe the like as are those examples which my Aduersarie bringeth of Elias the Prophet who was no Priest and by the commandement of God o 3. Reg. 18. ver 36. Abul in 3. Reg. 18. q. 35 and not by any ordinarie authoritie or iurisdiction caused the false prophets of Ashab to be slaine and by miracle caused fire to fall from heauen to consume the two captaines of King Ochozias and their troupes and of S. Peter who by miracle either killed Ananias and Saphyra or foretold their death and of S. Paul who also by miracle depriued Elymas of his sight or foretold his blindnesse and deliuered the incestuous Corinthian to the deuill to bee bodily vexed and tormented which manner of deliuering men to Satan did proceede from an extraordinarie and miraculous power giuen to the Apostles and not from any ordinarie power which was to descend to all their Successours But of these examples I shall haue occasion to speake againe beneath p Cap. 6. 30 And the same iudgements and corporall punishments saith Mr. Fitzherbert might no doubt these Apostles as lawfully haue executed vpon any Prince in the world if hee had beene a Christian and giuen the like occasion But first I meruaile why he addeth that condition if he had then beene a Christian for the example of Elymas who was no Christian doth proue that the same iudgements and corporall punishments they might haue executed not only vpon Christians but also vpon infidels Besides if any one will reduce those examples to a dialecticall forme of arguing hee will easily perceiue that they are very weake and insufficient not to vse those his foule and vnseemely wordes of absurd impertinent foolish and ridiculous to proue that the Pope by his ordinarie Pastorall power can doe the like As that because Elias who was no Priest had an extraordinarie commission and power giuen him by God to kill the false Prophets and to cause fire to fall from heauen to consume those two Captaines and their troopes therefore the Pope by his ordinarie Episcopall and Pastorall office hath power to doe the same in the like cases and so of the rest that because S. Peter and S. Paul had an extraordinarie power giuen them c. 31 And all this saith my Aduersarie q Nu. 5. may be confirmed by the common custome and practise of the Primitiue Church to enioyne bodily penance to publike penitents as to attend to continuall fasting and prayer Tertull. de penitent Ambros ad virg lap sam cap. 28. and to lye vpon sackcloth and ashes as it may be seene in Tertullian S. Ambrose and others whereupon it followeth that if the Church may chastise a man in his body for the good of his soule much more may she chastise him in his goods and temporall state which are ordained by the law of nature to serue both the body and the soule as the Philosophers touch namely Plato Plato epist 8. ad Dionys who therefore aduised a Law-maker to procure by his lawes that the three kinds of goods to wit of the mind the body and fortune be sought and possessed in due and ordinate manner that is to say that the goods of the mind be preferred before the other two and the goods of the body esteemed only so farre forth as they may serue the mind and lastly that the goods of fortune which are honour dignitie wealth and temporall states be accounted no better then ministers and seruants of both the other 32 But first I doe
aforesaid rule to prooue that the Pope by the institution of Christ hath a disposing power ouer the body and ouer corporall and temporall goods because he hath power ouer the soule both for that the aforesaid rule is not generally true and especially as I obserued out of the Glosse when in the accessorie there is not the same reason which is in the principall as there is not the same reason that a spirituall Pastour can dispose of the bodie and of corporall or temporall goods because he can dispose of the soule and of spirituall goods but chiefly for that our Sauiour Christ gaue to S. Peter and his Apostles all their spirituall and Pastorall power long before that rule of humane law was ordained and whether it were ordained before or after it is manifest that our Sauiour was not tyed to giue any power to S. Peter and the Apostles by force and vertue of any humane law neither can the institution of Christ depend vpon any rule which is grounded onely in humane law 37 But if my Aduersaries meaning bee that the aforesaid rule The accessory followeth the principall is grounded in the Law of God or nature so that abstracting from all humane lawes yet either by the institution of Christ or by a necessary sequell or consequence drawne from the light of naturall reason it is alwayes true I say alwaies true for otherwise if the rule be not generally true there can no inuincible argument be concluded from that rule to prooue that hee who hath the principall must of necessity haue the accessory or who hath power ouer the principall must of necessity haue power ouer the accessory then this rule may rather be called a rule or Maxime of Logike then a rule of Law and it is taken from that Topike place which the Logicians call The place of Antecedents and in sense it is all one with this dialecticall axiome Posito antecedenti necesse est poni consequens the Antecedent being put the consequent must of necessitie be put or follow or if we call the antecedent the principall and the consequent the accessory the principall being put the accessory must of necessity follow or which is all one the accessorie doth necessarily follow the principall 38 But in this sense neither can bridles be said to be accessory to horses for that horses can consist without bridles neither can any separable accident to vse the Logicians terme be said to bee accessory to the substance and so neither musicke physicke or any other Art can be said to be accessory to the soule for that the soule can consist without any of these Arts neither can the mortall body it selfe be said to be accessorie to the immortall soule for the soule can consist without the body neither can the goods of fortune as honour dignitie riches earthly kingdomes c. nor the goods of the body as health libertie and other bodily contentments be said as my Aduersary would haue them to be accessory in any man to the good of his soule and his eternall saluation which is the last end to which hee ought to referre all his corporall and temporall goods and miseries for that any man may attaine to eternall saluation and haue spirituall and iustifying grace which is the onely meanes to attaine thereunto without any worldly riches or preferments and without any bodily comforts and contentments albeit in another sense all the former inferiour things may bee called accessory for that they are ordained and referred to the other more worthy noble and principall things 39 Neuerthelesse I doe not deny as I haue often said that Christ our Sauiour hath giuen to Saint Peter and his Successours sufficient power to gouerne his Church by spirituall meanes and consequently power to command both spirituall and temporall things in order to spirituall good and to chastise the transgressours of his iust command with spirituall and Ecclesiasticall Censures for that all these are spirituall meanes and comprehended in spirituall gouernment And because the commanding of spirituall and temporall things in order to spirituall good is by the institution of Christ annexed to spirituall gouernment or the power to command temporall things which is the lesse noble and therefore may be called accessorie is by the institution of Christ annexed to the power of commanding spiritual things which being the more noble may be called the principall therefore from that maxime of the Logicians there may be drawen a good argument supposing the institution of Christ that if the Pope hath power to command spirituall things in order to spirituall good he hath power also to command temporall things in order to the same spirituall good not for that temporall things are per se and of their owne nature subiect and subordained to spirituall things except onely in worth and nobilitie or that temporall things are the accessorie and spirituall things the principall taking accessorie and principall as I haue before declared but for that the power to command spirituall things is the principall or antecedent and the power to command temporall things in order to spirituall good is the accessorie or consequent and by the institution of Christ annexed to the power of commanding spirituall things 40 But for all this I vtterly deny that the power to dispose of temporall goods is by the institution of Christ annexed to spirituall gouernment or to the Popes power of commanding either spirituall or temporall things for that the disposing of temporall things for what ende soeuer it bee is not a spirituall but a temporall action and doeth belong to a temporall or ciuill power which by the institution of Christ hath it acts offices dignities meanes and ends distinguished from the spirituall power both which as they are supreame in their degree and order and consequently independent one of the other in those things which are proper to either of them so they cannot intermeddle with the actions of each either and as the supreame spirituall power doth reside in spirituall Pastours so the supreame temporall power doth reside in temporall Princes and as spirituall Pastours are by spirituall power spirituall lawes spirituall actions and spirituall meanes and punishments bound to bring all men as much as lyeth in them to euerlasting happinesse so also Christian Princes are bound as much as lyeth in them by temporall power temporall lawes temporall actions and temporall meanes and punishments to bring their subiects to the kingdome of heauen which is the last end to which all Christians ought to referre all that they haue or are 41 Wherefore if that which Mr. Fitzherbert doeth lastly inferre that Christian Princes being sheepe of Christs flocke may bee chastised by the supreame Pastour of the Church in their temporall states bee so vnderstood that hee may by way of direction or command enioyne them temporall penalties or punishments as to fast to pray to giue almes or the like in satisfaction of their sinnes or for some other great spirituall good this is
very true and I haue affirmed the same too too often and this only he hath prooued by this Discourse which he hath here repeated out of his Supplement albeit this bee not the marke at which he aimeth and which hee pretended to prooue for as I haue shewed before Nu. 6. his chiefe drift and purpose was to proue that the Pope hath power not onely to command temporals in order to spirituall good but also to dispose of temporals not only to command christians that in satisfaction of their sinnes or in defence of the Church they will dispose of their temporall goods according to the qualitie of their offence and the necessitie of the Church shall require and their abilitie doth extend but also to depriue them of the right power and dominion which they haue ouer their temporall goods and states if they shall refuse to obey his iust command which my Aduersarie by this Discourse in his Supplement hath not as you haue seene so much as probably confirmed and neuerthelesse as I haue often said not onely probable arguments but conuincing authorities or demonstrations are required to prooue his doctrine for the Popes power to depose Princes and to dispose of their temporals to bee certaine and a point of faith and that the oath cannot lawfully and with a safe conscience be taken by any Catholike And thus much concerning the Discourse which Mr. Fitzherbert hath made in his Supplement Now you shall see what from thence he doth inferre 42 Thus did I discourse saith he u Pag. 34. nu 7 and argue in my Supplement whereby my Aduersarie Widdrington may perceiue first what I meane by the accessorie and by the principall as that the soule of man and the seruice and glory of God are the principall and that the accessory is the body goods and all temporall states whatsoeuer because they are subordinate to the soule and ordained for the seruice thereof and for Gods glory 43 And my Aduersarie also by that which I haue heere answered to his Discourse may perceiue that although the soule of man and the spirituall good thereof and the seruice and glory of God may in some sense bee called the principall and bodily and temporall goods the accessorie for that they are the lesse worthy and lesse noble and therefore though not of their owne nature referred yet by the intention and will of man ought to bee referred to the eternall good and saluation of the soule as to the last end of man in which sense temporall good may bee said to be subiect and ordained to the supernaturall good of the soule whereof I haue treated more at large aboue in the second part Yet in that sense as antecedent and consequent principall and accessorie are taken in that maxime the spirituall good of the soule eternall saluation and the supernaturall seruice and glorie of God cannot be called the principall or antecedent nor corporall goods and temporall states as health wealth honour c. the accessorie or consequent for that God may bee serued and glorified and the soule saued without hauing any such corporall or temporall contentments yea rather they doe hinder then promote the good of the soule for that according to our Sauiours owne wordes x Matth. 19. A rich man shall hardly enter into the kingdome of heauen For they y 1. Tim. 6. that will be made rich fall into tentation and the snare of the Deuill and many desires vnprofitable and hurtfull which drowne men into destruction and perdition and By many tribulations z Act. 14. we must enter into the kingdome of God 44 Neither did I desire my Aduersary to declare what he vnderstood in particular by the names of principall and accessory for I knew right well that hee tooke the good of the soule for principall and the goods of the body and of fortune to be the accessory for that they are referred and ordained to the good of the soule in which sense the words principall and accessory are not taken in that maxime as I shewed before and it will more cleerely appeare beneath but I desired him to declare what the Lawyers vnderstood in generall by the names of principall and accessory in that rule of the Law for that the nature and definition of principall and accessory being once knowne we might the better descend to particulars and more easily perceiue whether the good of the soule was to bee taken for principall and all other corporall and temporall goods for accessory in that rule of the Law and withall he should also haue explained if hee had meant to cleere and satisfie the vnderstanding of his Reader what the Lawyers vnderstood by those wordes to follow the nature of the principall all which my Aduersary hath as you haue seene neglected to declare 45 Secondly Widdrington may see saith Mr. Fitzherbert a Pag. 34. nu 8 the force and validitie of my consequence to wit because the Church hath power ouer the soule which is the principall therefore it hath power also ouer the accessorie that is to say ouer the body temporall goods and states when it is necessarie for the good of the soule and the glorie of God for which our soules bodies goods states and all things else were ordained 46 And hee also may see in what manner his consequence is of force if it be onely vnderstood of a power to commaund temporall things in order to spiritual good to wit not for that the Church hauing power ouer the soule which he calleth the principall must also haue power ouer the body and temporall goods which he calleth the accessorie when it is necessarie for the good of the soule and the glory of God because temporall goods and states are not necessarie for the good of the soule and the glorie of God but rather lets and hinderances thereof seeing that soules may be saued and God glorified without the enioying of such corporall or temporall goods and therefore temporall goods and states can not rightly be called the accessory or consequent as accessory or consequent ought to be taken in that maxime But the force of his consequence can onely consist in this that because Christ our Sauiour hath giuen to Saint Peter and his Successours sufficient authority to gouerne the Church by spirituall meanes and in order to spirituall good to command not onely spirituall things which is the more noble and principall but also temporall things which power is the lesse noble and so by the institution of Christ annexed to the spirituall power of gouerning the Church and of commaunding spirituall things for which cause it may well be called the accessory or consequent therefore from that rule or maxime not of the law but of the Logicians The accessory or consequent doth necessarily follow the principall or antecedent it may be well inferred that the Pope hauing power to command spirituall things hath also power to command temporall things in order to spirituall good for that
this power to command temporall things is by the institution of Christ annexed and adioyned to the spirituall power of gouerning the Church and of commanding spirituall things I say by the institution of Christ for that there is no absolute necessarie or naturall connexion betwixt the power to command spirituall things and temporall things and therefore it was in our Sauiours absolute power and choice to haue graunted to Saint Peter and his Successours a power to command onely spirituall things and not temporall euen in order to spirituall good as he hath granted him a power to dispose onely of spirituall things and not of temporall but the disposing of temporall things for what end soeuer it be he hath left to the temporall power of Secular Princes who in temporals acknowledge no Superiour on earth 47 Thirdly Widdrington may note his absurditie saith Mr. Fitzherbert b Nu. 9. pag. 34 in denying the consequence and yet granting it in effect For granting as hee doth that the body and temporall goods are ordained to serue spirituall things Supra nu 1. and that therefore the Pope hath authoritie to command corporall and temporall things in order to spirituall he granteth consequently as much as I require to wit that the Pope hath power to punish corporally and temporally when it shall be conuenient for the good of soules and Gods glorie for he can giue no sufficient nor probable reason why the Pope can doe the one and not the other seing that it can not be denyed but that the Church hath alwaies vsed to enioyne bodily penance to her penitents as fasting prayer and lying vpon sackcloth and ashes which was vsually imposed euen in the primitiue Church Supra nu 5. as I shewed in the place alledged a little before out of my Supplement 48 Whereupon I inferre sayth he c nu 10. that if the Church may punish a man in his body for the good of his soule it may punish him in his goods to the same end seeing that temporall goods are inferiour to the body and ordained for the seruice of the body and soule Supra nu 5. as I haue before declared by the opinion of the Philosophers themselues But because he will giue me a better occasion hereafter d infra cap. 5. nu 1. 2. c. 39. Item cap. 6. nu 13. 14. 15. 16. seq to treate more amply of this point and to confute a friuoulous distinction of his of the power to command corporall things and to punish corporally I wil now say somewhat to the instances that he bringeth against my consequence which he impugneth by drawing two other consequences from the same principle and confronting them with mine to shew some absurdity therein 49 But Mr. Fitzherbert may also note that I haue committed no absurdity in denying absolutely the consequence and also graunting it with a condition for so I doe not graunt it in that sense wherein I doe deny it I graunt that the consequence is not in vaine if it bee vnderstood of the Popes power to commaund temporalls in order to spirituall good but because my Aduersarie did vnderstand it not onely of the Popes power to command temporals but also to dispose of temporals and to inflict temporall punishments or punish temporally not onely by the way of command but also by the way of temporall constraint therefore I did absolutely deny his consequence And therefore albeit I did grant this consequence The accessorie or consequent followeth the principall or antecedent being so vnderstood as I declared before therefore the Pope hauing power to gouerne the Church by spirituall meanes and to command spirituall things in order to spirituall good hath consequently supposing the institution of Christ power also to commaund corporall and temporall things in order to the same spirituall good yet I did not grant these consequences The accessory or consequent followeth the principall or antecedent therefore the Pope hauing by the institution of Christ power to commaund spirituall things in order to spirituall good hath consequently power to dispose of temporall things in order to the same spirituall good nor this The accessorie or consequent followeth the principall or antecedent therefore the Pope hauing power to dispose of spirituall things in order to spirituall good hath consequently power to dispose of temporall things in order to the same spirituall good 50 Obserue therefore good Reader how cunningly Mr. Fitzherbert to make thee imagine that my answere is absurd repugnant to my selfe endeauoureth to delude thee and to cast a myst before thine eies whilest he affirmeth that I graunting that the body and temporall goods are ordained to serue spirituall things and that therefore the Pope hath authoritie to command corporall and temporall things in order to spirituall good doe consequently graunt so much as he requireth to wit that the Pope hath power to punish corporally and temporall when it shal be conuenient a large extension of the Popes spirituall power to depriue Princes of their kingdomes for the good of soules and Gods glorie as though forsooth he requireth nothing else but that the Pope may only command temporall things and not dispose of temporall things may punish corporally and temporally by way onely of commanding or enioyning temporall and corporall penalties and not also by inflicting them or by way of temporall coercion and by depriuing Christian Princes and subiects of their temporal states and corporall liues whereas the whole scope of his Discourse as I shewed before and concerning depriuing them of their liues you shall see beneath e Nu. 65. tendeth to prooue the cleane contrarie and in this very place he plainly signifieth as much in promising to confute beneath a friuolous distinction of mine as he tearmeth it of the power to command corporall things and consequently corporall punishments and of the power to punish corporally not by the way of command for this power I haue graunted aboue an hundred times but by way of corporall coercion and constraint Which distinction doth breake the necke of a great part of his Discourse and also declareth the true state of the maine question betwixt him and me and therefore he might haue done well hauing so fit an occasion offered him to haue confuted in this place that distinction and not to leaue his Reader in suspense touching this point which is the maine controuersie betwixt him and me and which distinction being once ouerthrowen and proued to be friuolous this whole question concerning the Popes power to depose Princes and to inflict temporall and corporall punishments would presently be ended 51 But the plaine trueth is that neither in the fift chapter for there hee barely repeateth what he saide heere concerning this distinction nor in the sixt chapter doth he bring any one probable proofe to confute this distinction as I will cleerely shew in that place In the meane time without interrupting the order which hee obserueth in his Chapters and withall not
to leaue thee good Reader altogether in suspence thou maiest easily gather some ground and reason of this distinction partly from that which hath beene said a little before partly from the words which I related out of S. Bernard See aboue part 2. cap. 8. that the Pope may command but not vse the materiall sword and partly by the comparison which Cardinall Bellarmine out of f See aboue part cap. 9. S. Gregorie Nazianzene did make betwixt the soule and body and betwixt the spirituall and temporall power or common wealth For as the soule hath power to command coporall actions for the good both of the body and soule but she hath not power of her selfe without the concurrance of the body to do or exercise corporall actions euen for the good of the soule so also the spirituall power or common wealth may comand temporal actions in order to spirituall good but shee cannot of herselfe without the concurrance of the temporall power exercise any temporall action belonging to temporall gouernment although it bee neuer so much with order or reference to spirituall good neither doeth the reference of a temporall or bodily action to a spirituall ende alter or change the nature of the action for as a bodily action although it bee done for the good of the soule is still a bodily action and doth not by that reference become a spirituall action so a temporall action although it bee done for a spirituall end doth still remaine a temporall â—â—tion and vertue and vice may bee found as well in temporall as in â—â—irituall actions 52 Now you shall see how soundly Mr. Fitzherbert impugneth the two instances I brought against his consequence which were these The accessorie followeth the principall therefore he who is Lord of all horses is Lord of all bridles The Pope hath power ouer the soule of a Prince and therefore ouer his life To which he replieth in this manner g Pag. 35. nu 11.12 But of these two instances I must needes say that the former is ridiculous and the later malicious for by the former hee impugneth himselfe and not mee You haue heard him before admit my consequence so that it bee vnderstood of power to command corporall things in order to spirituall for he saith that my consequence is vaine except it be vnderstood in this manner and therefore being vnderstood so hee alloweth it for good And if we vnderstand it so then it must needes follow according to his owne ground that hee who is Lord of all horses which are the principall may command all bridles because they are the accessorie 53 Now then hee must either grant his owne argument or deny it if be grant it hee prooueth nothing thereby against mee but rather fortifieth my consequence which is as hee himselfe relateth it that the Church hauing power ouer the soule hath power also ouer the body and goods because the accessorie followeth the principall If hee deny it hee denieth his former grant which was as you haue heard that whosoeuer hath power to command the principall may command the accessorie for seeing that all horses are the principall and all bridles the accessorie according to his owne supposition in his argument hee that denieth the Lord of all horses to bee the Lord of all bridles denieth that hee who hath power to command the principall may command the accessorie which is the same that hee hath granted already as you haue heard so as I see not to what purpose this his argument serueth but to discouer his owne folly and yet forsooth hee will haue vs to beleeue in any case that all his arguments are probable at least 54 But I must needes say good Reader that my Aduersarie hath small reason for these two instances which I brought against that rule or maxime The accessorie followeth the principall as it was vnderstood by him to vse such vndecent tearmes for whose folly is discouered and who is the ridiculous and malicious you shall foorth with perceiue It is true that I granted the consequence not to be vaine if it were only vnderstood of a power in the Pope to command spirituall things and to punish temporally by way of command in order to spitituall good but from hence it doeth not follow according to my ground but according to his owne that he who is Lord of all horses may consequently command all bridles yea and it followeth according to his ground that hee who can dispose of all horses can dispose of all bridles and that hee who buyeth all horses doeth consequently buy all bridles For first by his consequence hee doth intend not only to prooue that the Pope hath power to command temporall things or to punish temporally by way of command but also to dispose of temporalls to depose temporall Princes and to inflict temporall punishments as I shewed before h Nu 6. and hee in the next paragraphes doth expresly affirme i Nu. 13.14.15.16 Secondly according also to his owne ground and not mine a bridle is accessorie to a horse for that it is ordained to serue a horse for which cause hee affirmeth that temporall things are accessorie to spirituall things for that they are ordained to serue spirituall things And therefore according to his owne ground these consequences are good The accessorie followeth the principall therefore he who is Lord of all horses is Lord of all bridles therefore hee who can command all horses can command all bridles therefore hee who can dispose of all horses can dispose of all bridles therefore hee who buyeth all horses which are the principall must consequently buy all bridles which are the accessorie 55 But I doe not graunt that a bridle is accessorie or consequent to a horse or that corporall and temporall goods are accessorie or consequent to the spirituall good of the soule in that sense as accessorie is and ought to be taken in that maxime The accessorie or consequent must follow the principall or antecedent or which is all one if the principall or antecedent be supposed or graunted the accessorie or consequent must of necessitie follow and my reason is for that a horse can be without a bridle and the spirituall good or life of the soule can be without corporall goods or temporall honour and riches yea and better without them then with them Neuerthelesse I doe graunt that the power to command temporall things in order to spirituall good is according to the institution of Christ accessorie or consequent to the power to command spirituall things in order to spirituall good for that both of them are by the institution of Christ connected and conioyned in the spirituall Pastour of the Church and because the power to command spirituall things is the more noble and worthy and the power to command temporall things the lesse noble and worthie as spirituall things are more noble then temporall therefore the power to commaund spirituall things may be well called the principall and the
power to command temporall things the accessorie and which by the institution of Christ doth follow the first and more noble power as the principall 56 And by this that Dilemma which he maketh is easily answered For I graunt the consequence in that forme of words as he setteth it downe in one sense and I denye it in an other I graunt it if it be vnderstood of the Popes power to command temporals and to enioyne temporall penalties in order to spirituall good and if he had intended nothing else then this I should indeed haue prooued nothing against him but should haue fortified his consequence But because in his consequence he spake of a power in the Church in generall ouer the soule body and goods therefore the Church sayth he hauing power ouer the soule hath power consequently ouer the body and goods which power may be vnderstood not onely of a power to command but also to dispose not onely to enioyne spirituall and temporall punishments but also to inflict them and because the Pope in order to spirituall good hath a power not only to command spirituall punishments but also to inflict them and by a iuridicall sentence to depriue men of certaine spirituall goods and benefites therefore by his consequence it might seeme to be rightly inferred that the Pope hath also in order to spirituall good a power to dispose of the bodie and of temporall goods euen as temporall Princes haue in order to temporall good a power not onely to command but also to dispose thereof and to depriue by a iuridicall sentence their subiects of their temporall goods and also of their corporall liues and because my Aduersaries drift and meaning was to prooue thus much by his consequence therefore in this sense which his words did beare and he also intend I did absolutely denye his consequence Now what repugnance or contradiction trow you can all his skill in Logike although it were farre greater then most men that know him suppose it to be find in granting his consequence in one sence and denying it in an other and whose folly is discouered and whether my instance or his Reply be ridiculous I dare aduenture to remit euen to his owne iudgement 57 But my Aduersarie perceiuing as it seemes that according to the vulgar axiome ducere ad inconueniens non est soluere argumentum to draw one to an inconuenience is not to solue the argument endeauoureth to answere my instance abstracting from my grant But let vs set aside sayth he k nu 13. pag. 36 Widdringtons graunt and consider how probable is the instance that he maketh against me by this argument considered in it selfe and compared with mine The accessorie sayth he followeth the principall and therefore he who is Lord of all horses is Lord of all bridles which no doubt is true if he speake of such a one as hath a supreme dominion or power as I doe in my argument when I speake of the Pope who being supreme head of the Church and in that respect hauing the direct charge of mens soules hath also indirectly the care and charge of whatsoeuer is accessorie to the soule and subordinate thereto so farre forth I meane as is requisite for the good of soules as also in like manner a supreme temporall Prince albeit he be not directly the Lord of all horses and bridles in his kingdome or State yet hauing directly the charge and care of the whole common wealth he may dispose not onely of all the horses but also of all the bridles in the common-wealth when it shall vndoubtedly be conuenient and necessarie for the publike good thereof 58 True it is that this consequence The accessorie or consequent doth necessarily follow the principall or antecedent therefore a supreme temporall Prince who is Lord of all horses is also Lord of all bridles or which is all one who may for the common good dispose of all the horses in his kingdome may also for the same good dispose of all the bridles is a true and good consequence but not for that a bridle is accessorie or necessarily annexed and consequent to a horse as my Aduersarie affirmeth for then it must be true not onely in a Prince but also in all other men who haue power to dispose of the principall and moreouer this consequence would also be good The accessorie followeth the principall therefore a supreme temporall Prince who buyeth all horses which according to my Aduersaries doctrine are the principall must consequently buy all bridles which are the accessorie But the aforesaid consequence is therefore good for that to be a supreme temporall Lord of all bridles is accessorie or consequent to be a supreme temporall Lord of all horses which is the more noble principall or antecedent and so the power in a temporall Prince to dispose of all horses is necessarily connected with his power to dispose of all bridles 59 Wherefore according to my opinion who doe not make bridles to be accessory to horses in that sense as accessory is taken in that maxime but a supreme power to dispose of all bridles to bee accessory or consequent to a supreme power to dispose of all horses for that a supreme power to dispose both of horses and bridles is necessarily included in a supreme power to dispose of all temporall things as a part in the whole the aforesaid argument speaking of a supreme temporall Prince is good not onely vi consequentis to vse the termes of Logicians by vertue of the consequent but also vi consequentiae by vertue of the consequence or which is all one not onely the consequent is true but also the consequence is good But he that will grant the argument to be good in regard that bridles are accessorie to horses as my Aduersarie doth he can not maintaine that argument to be good in a supreme temporall Prince by vertue of the consequence or which is all one by vertue of that maxime The accessorie followeth the principall but by vertue of an other maxime which is that euery part is contained in the whole and therefore a temporall Prince who for the common temporal good hath power to dispose of all temporall things hath power to dispose of all horses bridles and all other temporall things 60 Now although I did grant this consequence in the Pope that because the accessory or consequent doth follow the principall or antecedent therefore the Pope hauing power to commaund spirituals hath also power to command temporals in order to spirituall good not for that temporals are accessory or consequent to spirituals in that sense as accessory and consequent are taken in that maxime but for that a power in the Pope to commaund temporals in order to spirituall good is by the institution of Christ accessory and consequent to his power of commanding spirituals yet I vtterly denyed this consequence The accessory followeth the principall therefore the Pope hauing power to commaund and to dispose of spirituals or
euery odious argument although it be neuer so good and conuincing must needs proceed from malice I confesse indeed that this doctrine concerning the killing of Christian Princes is odious abominable false scandalous neuer taught in the Church of God before these later yeeres and which all good subiects ought with all their hearts to detest and abhorre and Princes more narrowly to looke vnto and whether this doctrine for the Popes power to depose Christian Princes be a point of faith from whence such an odious scandalous and detestable doctrine doth necessarily follow I hope all good Catholikes and true hearted subiects will heereafter more diligently consider 71 And how true it is sayth my Aduersarie that the Pope hath power ouer the life of any Christian with the circumstances and limitations before mentioned I feare me my Aduersarie Widdrington might finde to his cost if he were here at Rome and would not recant his doctrine euen in this point to wit that the Church can not inflict corporall and temporall punishment whereby he impugneth c. But first that the Pope hath power at Rome ouer the liues of those who are his temporall subiects no man calleth in question for that he is now the temporall Prince of Rome But this prooueth not that the Pope as he is Pope and by vertue of his spirituall power hath authoritie to put any man to death If my Aduersarie could bring but one example that the Pope before he was a temporall Prince and when the Citie of Rome was subiect in temporals to the Roman Grecian French or German Emperours did by vertue of his spirituall power put any man to death then he should say something to the purpose if the facts and examples of Popes were a sufficient argument to prooue their right and authoritie 72 Secondly although it be true that the Church by vertue of her spirituall power hath authoritie to command impose or enioyne corporall and temporall punishments as I haue often said and the ancient and generall practise of the Church doth confirme the same yet that Ecclesiasticall authoritie is by the institution of Christ extended to the disposing of temporals or to the inflicting of corporall and temporall punishments as death exile priuation of goods imprisonment very many Doctours with Iacobus Almaine Almainus in libro de Dominio naturali ciuili Ecclesiastico in probatione secundae conclusionis as I haue often said doe expresly deny neither hath the contrarie as yet by any approoued practise and custome of the Church or by any other conuincing argument bene sufficiently prooued and what my Aduersarie doth particularly bring to that purpose from the Ecclesiasticall Canons and decrees of any Councell or Pope and from the late Councell of Trent you shall see in those places where he promiseth to shew it more particularly 73 In the meane time to conclude this Chapter with my Aduersarie he is also to vnderstand that albeit I doe graunt the body to be subordinate and subiect to the soule and that all corporall and temporall things are to serue spirituall things in that manner as I haue at large declared in the second part and in the beginning of the next chapter will briefly insinuate againe and therefore to be commanded by the supreme spirituall Pastour in order to spirituall good yet with good reason I did deny the consequence of his argument to wit that for as much as the accessorie followeth the principall therefore he that hath power ouer the soule and all other spirituall things hath power also ouer the temporall goods states and bodies of all Christians when the good of soules and of the whole Church doth necessarily require it if he vnderstand as it is cleere he doth of a power not onely to commaund enioyne or impose but also to dispose of temporals and to inflict temporall punishments for that temporall states and bodily goods are not accessorie to the spirituall good of the soule and of the Church as accessorie is and ought to be taken in that maxime because the spirituall good of soules and of the Church may bee without such temporall goods and states yea and in euery particular man perchance better without them then with them Neither is it necessarily required to the good of soules or of the whole Church that the Pope haue power to dispose of the temporall goods states or bodies either of Christian Princes or subiects and therefore the Reader may also well coniecture what he is to expect from my Aduersarie in the rest of his Replies when in this where he maketh a shew to haue so great aduantage against my answere that hee feareth not to call it friuolous impertinent foolish ridiculous and contrary to my owne doctrine yet all his exceptions are so improbable that his virulent speeches might very truely if Christian modestie and charitie would permit be retorted backe vpon himselfe CHAP. III. Wherein Widdringtons answere to Fa. Lessius argument taken from that maxime hee that can doe the greater can doe the lesse is confirmed and the foure instances which hee brought to confute the said argument and maxime are examined and prooued to be neither friuolous nor impertinent but sound sufficient and to the purpose Also Cardinall Bellarmines example touching the translation of the Romane Empire and the argument which D. Schulckenius bringeth to confirme the same with two other examples of Clodoueus King of France and of Boleslaus King of Polonie are confuted Mr. Fitzherbert in his third Chapter proceedeth with the like bitternesse and yet with as little probabilitie as hee did in the former For after I had made two instances against his argument drawne from that rule of the Law The accessory followeth the principall I brought foure instances against another like consequence of Fa. Lâ—ssius taken from another maxime The like argument said I a In Admonia nu 15. Fa. Lessius doth vrge The Pope saith he hath power to excommunicate Kings and therefore he hath also power to depose them because hee that hath power to inflict a greater punishmeÌ„t hath also power to inflict a lesse We might also conclude thus if it were lawfull to transcend from one thing to another of a diuers kinde and nature The Pope hath power to excommunicate Kings therefore also to kill them because he that can doe the greater can doe the lesse A man hath power to vnderstand therefore also to flye A priuate Priest hath power to absolue from sinnes therefore also from debts He hath power by force of the Sacraments to giue the kingdome of heauen therefore also to giue an earthly kingdome Are not these and such like goodly arguments to perswade English Catholikes to cast away prodigally all their goods and to deny their allegiance to their Prince Thus I argued in that place 2 Now my Aduersarie after he had repeated my words replieth against these instances in this manner b Nu. 1. 2. seq Thus saith Widdrington scoffing and cogging as you see
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
of the soule which is iustifying grace 32 Secondly obserue good Reader how my Aduersarie himselfe altereth the case and changeth the state of the question and the reason or principle whereon Lessius consequence or argument which I did impugne was grounded For Lessius his argument was this The Pope can excommunicate Kings therefore he can depose them because hee that can inflict the greater punishment can inflict the lesse which proposition supposeth that generall maxime he that can doe the greater can doe the lesse and this maxime was the reason and ground of his consequence or argument Now my Aduersary changeth this reason and ground and flieth to another The Pope saith hee may giue the heauenly kingdome and therefore hee may giue an earthly but for what reason thinke you I expected that he would haue yeelded Lessius reason because hee that can doe the greater can doe the lesse which reason by those foure instances I did impugne but he flyeth from this reason to another because the Pope saith he hath a plenitude of power by which hee may giue the heauenly and consequently an earthly kingdome Before he affirmed as you haue seene 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 and this was Lessius his reason which I impugned in this Chapter as also because the temporall state whereof the Pope depriueth the Prince is ordained to serue the spirituall and therefore to bee disposed by the supreme spirituall Pastour so farre soorth as shall be necessarie for Gods seruice and the good of the Church and this is the reason which my Aduersary brought in the former Chapter and was grounded in that rule of the Law The accessory followeth the principall which I impugned in that place Now he yeeldeth another reason which is taken from the plenitude of power which the supreme spirituall Pastour hath 33 So that you see how he himselfe now changeth the state of the question and flyeth from Lessius reason which I impugned to wit that hee that can doe the greater can doe the lesse to the plenitude of the Popes power which reason neuerthelesse is of small force and it is rather petitio principij or a giuing that for a reason which is the question For albeit I doe not deny that the supreme spirituall Pastour hath in spirituals a plenitude of power that is a full spirituall power to gouerne the Church which is the spirituall kingdome of Christ as likewise all Soueraigne Princes haue in temporalls a plenitude of power that is a full temporall power to gouerne their temporall kingdomes yet how farre this plenitude or fulnesse of spirituall power is extended whether to the disposing of temporall things and to the giuing or depriuing of temporall kingdomes in order to spirituall good as my Aduersaries imagine or onely to the disposing or dispensing of spirituall things as many other learned Catholikes are of opinion this is that which is now in controuersie betwixt mee and Mr. Fitzherbert and which he taketh vpon him by all lawes humane and diuine cleerely to conuince and therefore to giue that for a reason which is the question is to commit that fault which the Logicians call petitio principij 34 If Mr. Fitzherbert had argued in that manner as Lessius did to wit that the Pope by the plenitude of his power may giue the heauenly kingdome and therefore hee may giue an earthly because hee that can doe the greater can do the lesse then he had not altered the state of the questiō or changed Lessius medium or reason but then I would also haue denied his consequence and haue impugned that reason of maxime by those foure instances and infinite other which might be brought which do cleerely directly confute and ouerthrow that maxime But seeing that he flyeth from that maxime which Lessius brought for his medium or reason to the plenitude of the Popes power he both altereth the state of the question and also giueth that for a reason which is the question For I vtterly deny that the Pope by that plenitude of power which Christ hath graunted to his Church can I doe not say command impose or enioyne temporall things as temporall penalties but dispose of temporall things or inflict temporall punishments although it bee imagined that they are necessary as they are not to the good of the Church and the saluation of soules it belonging only to the temporall power of Secular Princes whom Christ hath appointed to be Protectours of his Church to vse the temporall sword to inflict temporall punishments and to dispose of temporall things 35 Wherefore neither the plenitude of spirituall power in the supreme spirituall Pastour to giue the heauenly kingdome doth necessarily inferre a power in him to giue an earthly kingdome as a necessarie consequent of the former as my Aduersarie heere affirmeth although the supreme spirituall Pastour by the plenitude of his spirituall power hath as much spirituall authoritie and iurisdiction as is necessarie for the gouernment and good of the Church as it is instituted by Christ our Sauiour neither is the changing transferring or giuing of an earthly kingdome and the disposing of all temporall things absolutely necessarie for the spirituall good of the Church or which is all one for the sauing of soules as also my Aduersarie here supposeth from which necessitie for the most part he draweth an argument to prooue the aforesaid power to dispose of all temporall things to be in the Pope although sometimes he graunteth l cap. 2. nu 3. that the Pope hath the aforesaid power ouer temporall goods and States yea and of the bodies of all Christians so farre forth at least as it shall be conuenient for the good of the soule and of the Church which is a too too large and exorbitant extension of the Popes plenitude of power to take away the kingdomes and liues of Christian Princes and to dispose of all temporals for that as Card. Bellarmine himselfe confesseth it is not absolutely necessarie for the good of the Church to resist the common enemie as is the Turke For if the Church sayth he m lib. 1. de Concil cap. 10 could conuerse * conuersari vnder the most cruell persecutions of Nero Domitian Decius and Diocletian why may it not also vnder the persecutiō of the Turks And although the disposing of temporal things the changing transferring giuing and taking away of temporall kingdomes were necessary for the spiritual good of soules or of the Church yet they being temporall actions and proper to the temporall power as God almightie hath distinguished in the Christian world or common-wealth the temporall and spirituall power by their proper actions functions and dignities they can not be performed by the spirituall but onely by the temporall and ciuill power which Christian Princes are by the law of Christ bound to vse in defence of the Church and for
temporal punishments which to inflict the spirituall Pastours of the Church haue receiued authoritie from the graunt and consent of temporall Princes may by the Pastours of the Church be adioyned to Ecclesiasticall Excommunication and in this sense be called accidentall effects of Excommunication or rather punishments accidentally or per accidens annexed to the Censure of Excommunication And so the Pope being now by the graunt and consent of Secular Princes and Christian people become also a temporall Prince may annexe to Excommunication all temporall punishments which he as a temporall Prince hath power to inflict 143 Whereupon albeit I doe vtterly deny that Excommunication either of it owne nature or by any necessary consequence deduced from thence abstracting from the graunt and consent of temporall Princes hath sufficient force to depriue one of any ciuill dominion Iurisdiction or conuersation yet I doe willingly graunt that an inferior Magisrate who by the sentence of a spirituall Iudge is declared to haue incurred the Censure of Excommunication is by the expresse ciuill lawes of some kingdomes and in some others by the tacite consent of the Prince deprived of ciuill Iurisdiction and their acts reputed to bee of no force in law yea and that by the Imperiall law q In noua Constit Frederici if for a whole yeere he remaine excommunicated he is in the nature of a proclaimed outlaw or Bandite But to commaund subiects not to obey their lawfull and Soueraigne Prince in temporalls and to absolute subiects from that ciuill and naturall allegiance which by the law of God and nature they owe to their rightfull Prince seeing that according to Suarez r Aboue nu 121 the power to command in the Prince and the bond of obedience in the subiects are correlatiues and one dependeth on the other and that to deny obedience to a Prince so long as he remaineth Prince is plainely repugnant saith Card. Bellarmine to the law of God it is not in the power of spirituall Pastours vnlesse they have authoritie to depose Princes and to make Kings no Kings which whether it bee in their power to doe or no is the very question about which I with all my Aduersaries doe now contend and concerning which the Schoolemen are now at variance and as yet the controuersie is not decided by the Iudge saith Iohn Trithemius Å¿ In Chron. Monast Hirsang ad an 1106. 144 To those Canons Nos sanctorum Iuratos Absolutos which Suarez brought for his chiefe ground to prooue that the absoluing of Subiects from the temporall allegiance which by the law of God and nature they owe to their Soueraigne Princes is now a punishment annexed to the Censure of Excommunication I haue heeretofore answered and among other answeres this was one that those Canons are not to bee vnderstood of Soueraigne Princes but onely of inferiour persons who indeede by the consent of their temporall Soueraignes doe loose their temporall Iurisdiction after the sentence is publikely declared yea and in the territories of the Empire if for a yeere they persist excommunicated are as I saide in the nature of persons prescribed out lawes or Bandites 145 This in effect and much more to the same purpose did I answere heeretofore by all which the force of my answere to Card. Bellarmines argument taken from the example of King Ozias and the reason why I denyed his consequence supposing for Disputation sake the antecedent to be true as it is not may euidently appeare For in the old law the dwelling of lepers after they were declared so to be by the Priest in a house apart from the rest of the people was expresly ordained by the law of God and therefore supposing now with Card. Bellarmine that the dwelling of a King being infected with leprosie in a house apart from the rest of the people should by any necessarie consequence inferre that hee is consequently depriued of his kingdome or the administration thereof it is no meruaile that the Priests of the old law had authoritie to depriue such Kings per accidens and consequently that is to declare them depriued by the law of GOD of their kingdomes or of the administration thereof But in the new law neither the depriuation of a temporall kingdome or of the administration thereof nor the losse of any temporall Iurisdiction doth by the law of GOD or by any other necessarie consequence follow spirituall leprosie or any intrinsecall propertie of Ecclesiasticall Excommunication neither is it in power of spirituall Pastours as Almainus said to inflict any temporall punishment as death banishment priuation of goods c. nay nor so much as to imprison as very many Doctours saith hee doe affirme but onely to inflict spirituall Censures or punishments And therefore the similitude of Cardinall Bellarmine betwixt corporall and spirituall leprosie in the old and new law is this defectiue and so the consequence of his argument is altogether insufficient Thus much touching my first answere to the consequence of his argument 146 Marke now how sleightly this Doctour would shuffle ouer my second answere and reason which did cleane ouerthrow Card. Bellarmines consequence grounded vpon the nature of a figure and the thing figured euen according to his owne grounds For whereas I answered as you haue seene that because a figure as Card. Bellarmine saith is alwayes lesse perfect and of an inferiour degree then the thing which is figured it doeth not follow that heresie which is figured by corporall leprosie must bee punished with a temporall punishment because corporall leprosie was punished therewith but with a punishment of a higher degree to wit with a spirituall punishment D. Schulckenius replieth thus I answere saith hee t pag. 552. As heresie which is a spirituall leprosie is farre more pernicious then corporall leprosie so Excommunication is a punishment of a higher degree then the separating of lepers For Excommunication doth not onely depriue of the companie and liuing together of men in one house but also of participation of Sacraments and Suffrages of the Church But that Excommunication besides doeth depriue of ciuill administration and sometimes hath annexed the depriuation of temporall goods and also of the kingdome it selfe doth not diminish but increase the greatnes and excellencie of the punishment of spirituall leprosie aboue the punishment of corporall leprosie Wherefore it is most true that the thing figured is of an higher degree then the figure And in this manner the Eucharist is of an higher degree then manna or the Paschall lambe because these doe nourish the body that nourisheth the soule although also those accidents of the Eucharist are profitable to the nourishment of the body 147 But obserue the egrigious fraude of this Doctour For that proposition of Card. Bellarmine Figures must of necessitie be of an inferiour order and excellencie then the things figured is to be vnderstood of figures formally as they are figures for it little importeth that those things that are figures be
materially of an equall or not inferiour order and excellency then the things figured so that formally as they are figures or in that they are figures they are lesse perfect and excellent then are the things figured Now this Doctour doth craftily take here figures and the things figured not formally and according to that wherein they are figures but materially for otherwise as you shall see he saith nothing to the purpose and to the confuting of my answere For neither Manna nor the Paschall lambe are figures of the Eucharist as the accidents of the Eucharist doe concurre to the nourishing of the body but onely as they are profitable to the nourishing of the soule Neither was corporall leprosie or the separation of lepers from ciuill conuersation a figure of spirituall leprosie and of Ecclesiasticall separation or Excommunication as corporall leprosie doth infect the body and Excommunication doth separate from ciuill conuersation but only as spirituall leprosie doeth infect the soule and Ecclesiasticall Excommunication doth separate from Ecclesiasticall or Spirituall communion for that a figure must in all those things wherein it is a figure be more noble and excellent then is the thing which is figured And therefore as Cardinall Bellarmine very well obserueth q Lib. 1. de Missa cap. 7. to fulfill a figure is not to doe that very thing which the law prescribeth to bee done but to put in place thereof some thing more excellent which to signifie that figure did goe before as Christ did not fulfill the figure of Circumcision when he himselfe was circumcised but when hee ordained Baptisme in the place thereof Thus Card. Bellarmine 148 From whence it euidently followeth that the separation of corporall lepers in the old law from ciuill conuersation could not bee a figure of the separation of spirituall lepers also from ciuill conuersation for that ciuill conuersation is one and the self same thing and not another thing more excellent which according to Cardinall Bellarmines doctrine must succeede in place of the figure but the fulfilling of this figure must bee the separating of spirituall lepers from spirituall or Ecclesiasticall conuersation And therefore although Ecclesiasticall Excommunication hath by the lawes of the Church annexed vnto it in that manner as I haue before declared the excluding by way of commandement from ciuill conuersation if otherwise by the law of GOD and nature we are not bound ciuilly to conuerse yea and also according to Cardinall Bellarmine the depriuing of temporall kingdomes or at leastwise of the administration thereof yet the separating of lepers in the old law from ciuill conuersation or the depriuing them of temporall kingdomes or administration could not according to Cardinall Bellarmines grounds bee a figure of Ecclesiasticall Excommunication in the new law as Excommunication is pretended to worke the same effects but onely as it worketh more excellent effects to wit the separating of the faithfull from spirituall conuersation and excluding them from the kingdome of heauen 149 Wherefore if wee doe respect onely the nature and propertie of a figure it is euident that Cardinall Bellarmine according to his owne principles hath not any way prooued that because corporall leprosie and the punishments annexed thereunto in the old law to wit the depriuing of temporall kingdomes Iurisdiction or administration as Cardinall Bellarmine contendeth was a figure of spirituall leprosie and of the punishments annexed thereunto in the new law therefore the same punishments to wit the depriuing of temporall dominion Iurisdiction or administration were figured by them and consequently may now by vertue of the figure bee ordained against spirituall lepers for this were not according to Cardinall Bellarmines doctrine to fulfill the figure and to put in place thereof something more excellent but to put that very same thing which the law in that figure prescribed to be done And therefore Cardinall Bellarmine must bring better arguments vnlesse he will quite discredit himselfe and his cause drawne from other heads then from the figure of leprosie and of separating lepers from ciuill conuersation which according to his owne principles doth as you haue seene make cleere against him to prooue that spirituall Pastours either by vertue of Excommunication or in any other manner haue authoritie to depriue temporall Princes of their kingdomes and dominions or of any temporall administration or Iurisdiction 150 Lastly whereas in the end of this my answere I affirmed as you haue seene that Cardinall Bellarmine did not truely and entirely set downe the words of the Apostle 1. Cor. 10. And all these things chanced to them in figure for that hee left out that word these which is a relatiue and hath relation onely to those things whereof the Apostle spake before among which corporall leprosie is none and hee affirmeth him to say And all things chanced to the Iewes in figure this Doctour maketh much adoe and laboureth in vaine to excuse Card. Bellarmine And first hee answereth u pag. 553. that Cardinall Bellarmine did not produce the words but the sense of St. Paul but it is certaine that the Apostle did not intend to say that those things onely which hee mentioned in that Chapter did chance to the Iewes in figure but those and other like to them 151 But first this answere is not agreeable to Card. Bellarmines owne words The Apostle saith 1. Cor. 10. saith Cardinall Bellarmine that all things did chance to the Iewes in figure and what I pray you is to say that the Apostle saith so then to produce the Apostles words Secondly although it bee certaine that the Apostle did not intend to say that those things onely which hee mentioned in that chapter did chance to the Iewes in figure yet it is certaine that the Apostle in that chapter did onely say that all these things and not all things absolutely as Cardinall Bellarmine affirmeth him to say did chance to the Iewes in figure Thirdly albeit S. Paul knew right well that not onely all those altogethere mentioned but many other such like dioâ—ce to the Iewes in figure yet it was sufficient for his purpose in that place onely to affirme that all those things there mentioned and not that all things absolutely did chance to the Iewes in figure neither was it necessarie that the Apostle should in that chapter say all hee knew it was suffient for him to say in that chapter onely that which did suffice for his present purpose Wherefore this Doctour must distinguish betwixt knowledge which is in the vnderstanding and meaning which is in the will and so hee may see that the Apostle knew right well that not onely those things there mentioned but those and other such like did chance to the Iewes in figure and yet onely meant to say in that place that all those things there mentioned and not all those and other such like did chance to the Iewes in figure Neither did St. Paul meane otherwise then the words which he spake did signifie but it is
likewise if temporall Kings themselues doe offend they cannot bee punished with temporall punishments but by God alone to whom onely they are subiect in temporalls Now to giue to temporall Common-wealths the vse of the spirituall power sword weapons or armour and authoritie to inflict spirituall Censures or punishments or to the Church of Christ as it is a spirituall common-wealth the vse of the temporall power sword weapons or armour and authoritie to inflict temporall Censures or punishments it were both to confound the acts functions authoritie sword weapons and armour of the spirituall and temporall common-wealths which Christ our Sauiour hath distinguished and it is also repugnant to the expresse wordes of the holy Scripture 2. Cor. 10. nam arma militiae nostrae non carnalia sunt for the weapons or armour of our warfare are not carnall c. to the doctrine of the ancient Fathers who affirme that Emperours and Kings are in temporalls next to God in authoritie and consequently to be temporally punished by God alone and to the generall practise of the primitiue Church 40 Wherefore that comparison which Mr. Fitzherbert bringeth heere of the cobweb which holdeth onely the little flyes and serueth to no purpose against the great ones c. is idle and to no purpose For Ecclesiasticall Censures which are the punishments belonging to the Church of Christ are common both to Princes and Subiects and of themselues they are so dreadfull that they are able and sufficient of their owne nature to hold and keepe in awe all Christians whatsoeuer and to correct amend and bring all sinners as they did the Emperour Theodosius to true repentance But if some persons doe not feare these Censures and be not amended by them this is not to bee attributed to the weakenesse defect or imperfection of the Censure which of it selfe is most dreadfull yea and more horrible saith S. Augustine then any corporall death but to the indisposition of the offender who doth not duly consider the greatnesse and dreadfulnesse of that Ecclesiasticall Censure As likewise temporall punishments as is the sentence of death exile imprisonment whipping confiscation of goods c. are of themselues able and sufficient to withdraw any man from sinfull life yet they doe not actually correct and amend all malefactours but this is not to be attributed to the weakenesse or insufficiencie of the temporall sword but the rashnesse passion malice or inconsideration of such malefactours who for want of due consideration are not afraid of that temporall punishment which of it selfe is able to terrifie any prudent man and to redresse all kind of inconueniences in all sorts of subiects as well the highest as the lowest 41 Neither is it necessarie for the publike good of the Church as this man supposeth or for the due execution of the office and charge of spirituall Pastours that they should haue authoritie to chastise temporally or which is all one to inflict temporall punishments and to vse the temporall sword which is onely proper to temporall Princes or common-wealths and by the law of Christ forbidden spirituall Pastours as they are spirituall Pastours who haue only spirituall and not temporall authoritie as I proued aboue by the authoritie of S. Bernard Wherefore that axiome of the Lawyer Cui iurisdictio data est c. To whom iurisdiction is giuen those things also doe seeme to bee granted without which the iurisdiction could not be explicated and that other of the Philosophers Qui dat esse c. Hee that giueth being giueth also those things that are consequent to being or necessarily required thereunto are vnaptly applied to this purpose For spirituall iurisdiction can very well bee exercised without vsing temporall weapons or inflicting temporall punishments and to vse temporall weapons or to inflict temporall punishments is not a consequent or necessarily required to the spirituall authoritie or iurisdiction of spirituall Pastours as Mr. Fitzherbert vntruely supposeth 42 Now you shall see in what manner hee concludeth this Chapter Thus then saith hee z pag. 91. nu 38.39 thou seest good Reader how I prooued in my Supplement by the law of GOD that the Pope hath power to chastise Princes in their temporall states and dignities when the necessitie of the Church shall require it which I also prosecuted further there inferring the Popes power ouer the bodies and temporall goods of Christians by the power he hath ouer the soule according to the two axiomes Qui potest maius potest minus He which may doe the more may doe the lesse and Accessorium sequitur principalis naturam The accessorie followeth the nature of the principall which I haue amply dâ—bated before with my Aduersarie Widdrington in the second and third chapters hauing also laide downe there the words of my Supplement touching the same and therefore I thinke it needelesse to repeate them heere 43 Now then I remit it good Reader to thy iudgement whether my Aduersarie Widdrington hath not notably abused me in two things the one in affirming as you haue heard before in the first Chapter that I grounded all my discourse against the Oath in my Supplement See Chapter 1. nu 3. 7. 9. vpon a bare supposition that the Popes spirituall authoritie is abiured therein and the other that I haue effectually prooued nothing else by the law of GOD but that the temporal power in spirituall things in temporal as they are reduced to spiritual is subiect to the spirituall power so far forth as concerneth the authoritie to command a spiritual maner of correction not temporall for so you haue heard him say in the beginning of this chap. though it be euident by the premisses Supra nu 1. that I haue grounded my arguments against the oath not vpon any such supposition as he mentioneth but vpon the very substance of the law of God in the old and new Testament and that I haue deduced from thence by most pregnant reasons and necessarie consequents that the Pope hath power to proceede to the temporall correction of Princes when the spirituall will not suffice and the necessitie of the Church doth require it 44 Whereupon it followeth euidently that the new Oath which impugneth this power of the Pope is repugnant to the law of GOD. So that you see how probable my Aduersarie Widdringtons answeres are or rather how fraudulent seeing that he dissembleth all the substance and pith of my arguments abusing therein his Reader no lesse then mee seeking to breede in him a false conceit of the substance and effect of my discourse and then framing his answere according to his owne forgerie So as in fine he answereth nothing of mine but his owne vaine conceits as it will also further appeare by that which resteth to be debated betwixt vs concerning the Lawes of Nature and Nations 45 But contrariwise thou seest good Reader that Mr. Fitzherbert in his Supplement neither hath sufficiently proued by the law of GOD as hee here
vntruely affirmeth either that the Pope hath power to chastise Princes in their temporall States and dignities except by way only of direction or commandement or that the necessitie of the Church doth require that spirituall Pastours should by their spirituall authoritie haue power to vse the temporall sword and to inflict temporall punishments nor hath rightly concluded the Popes power ouer the bodies and temporall goods of Christians from the power hee hath ouer their soules by those two axiomes Hee that may doe the greater may doe the lesse and The accessorie followeth the nature of the principall the true sense and meaning wherof I haue amply declared before in the second and third Chapters and haue laid open Mr. Fitzherberts fraude and ignorance in vrging those axiomes 46 Wherefore to conclude with him this Chapter I remit it good Reader to thy iudgement whether I haue any way abused Mr. Fitzherbert in two things as hee saith I haue done the one in affirming as thou hast heard before in the first Chapter that hee in his Supplement doth first of all suppose that the Popes power to excommunicate Princes is abiured in this Oath and the other that hee hath effectually proued nothing else by the law of God but that the temporall power is in spirituall things and in temporall as they are reduced to spirituall subiect to the spirituall power so farre foorth as concerneth the authoritie to command and a spirituall manner of punishing by way of coercion and not temporall For as I haue most amply shewed in this Chapter he hath not brought any one pregnant reason or necessarie consequent grounded vpon the law of GOD either in the olde Testament or in the new to proue that the Pope hath power to proceede by way of temporall coercion or which is all one by inflicting temporall punishments to the temporall correction or punishment of any Prince Neither also hath hee brought any one pregnant reason or argument to prooue either that spirituall punishments are not of themselues sufficient although by reason of the indisposition of the person so punished not alwayes effectuall to redresse all inconueniences and to correct or amend all the disobedient children of the Church or that the necessitie of the Church as it is instituted by Christ to be a spirituall and not a temporall common-wealth doth at any time require that the spirituall Pastours or Gouernours thereof must haue authoritie to vse temporall weapons or which is all one to inflict temporall punishments whereupon it euidently followeth that this new Oath which denyeth this authoritie of the Pope is not repugnant to the law of God 47 Thus then thou seest that I haue soundly answered all Mr. Fitzherberts arguments without dissembling the substance or pith of any one of them and haue most cleerely shewed that I haue neither abused him nor the Reader in those two things which heere he mentioneth but that hee hath notably abused mee and bewrayed his manifest fraude and dissimulation in falsly relating the supposition whereon he groundeth his whole Discourse as I haue at large declared in the first Chapter and therefore I thinke it needelesse to repeate heere the same againe CHAP. VI. Wherein Mr. Fitzherberts arguments taken from the Law of Nature are confuted and first it is shewed in what manner temporall things are by the Law of Nature subordinate to spirituall and the temporall Common-wealth to the Church of Christ. Secondly that Religious Priests by the Law of Nature cannot punish temporall Princes temporally and that in the Law of Nature the ciuill Societie was supreme and disposed of all things as well concerning Religion as State and that therefore the new Oath denying the Popes power to depose Princes is not repugnant to the Law of Nature Thirdly the difference betwixt the directiue and coerciue power and how temporall things become spirituall is declared and from thence prooued that the Church may command but not inflict temporall punishments and diuers replies of Mr. Fitzherbert and D. Schulckenius are confuted MY Aduersarie T. F. a man as most of our Countreymen know vnskilfull in Philosophie and Schoole-Diuinitie as being sciences which he hath little studied hath in this sixt Chapter taken a hard taske vpon him and which few men except such as are like to himselfe would aduenture but as our English prouerbe saith who is so bold as is blind Bayard For he will forsooth shew in this Chapter that he hath effectually prooued in his Supplement by the law of Nature that the Pope hath power to chastise Princes temporally and consequently that the new Oath of Allegiance which denyeth the Popes power to depose Princes is repugnant to the law of Nature But how vnsoundly he hath prooued this and that by the law of Nature it may rather be conuinced that Religious Priests were subiect to temporall Princes and might be deposed by them and that all things both concerning State and Religion and the publike seruice of God did in the law of Nature depend vpon the authoritie of the temporall common-wealth you shall anon most cleerely perceiue 2 First therefore Mr. Fitzherbert a Pag. 94. nu 2 setteth downe the words which he wrote in his Supplement in this manner It is euident by the light of naturall reason that in all things wherein there is any naturall composition or combination there is a due subordination and subiection of that which is lesse perfect to the more perfect and of the inferiour to the Superiour as of the meanes to the end which is euident in the Hierarchies of Angels in the Orbes or Spheres in the Elements in the Powers of the soule in the Sciences and to omit other examples in all naturall Societies of Families Common-wealths and Kingdomes in which there is a superioritie and subiection the lesse perfect being inferiour and subordinate to the more perfect whereby nature giueth to euery thing the perfection which is conuenient for it according to the kind degree and qualitie thereof wherein we see nature tendeth still to greater perfection passing and as it were mouing by degrees from the lowest and and most imperfect creature to man from man to Angels and from them to Almightie God who as he is the Creatour of all so also he is the end consummation and perfection of all yea perfection it selfe by whom and in whom all naturall things are consummated and perfected 3 Here you see this man hath brought diuers examples wherein one thing is subiect and subordinate to another but to what purpose he hath brought them and how from any one of them he can well deduce that the Pope hath power to depose Princes by the law of Nature which is the principall subiect of this Chapter I cannot any way conceiue If he had declared in particular after what manner and with what kind of subiection these things are subordained one to the other euery man of meane vnderstanding would presently haue perceiued the non sequitur of all the consequences
Common-wealth because the end doth farre excell the meanes that tend thereto and the other that the Ecclesiasticall Societie which of all Societies doth next approach to GOD and vnite them with him is the most excellent and worthie of all Arist l. 1. Meta. and therefore as Aristotle worthily called Metaphysicke the Mistresse and Goddesse because it immediately considereth the sciences of all things which is God so may we call the Religious or Ecclesiasticall Societie the Mistresse Lady Empresse and Goddesse of all Common-wealths and all other Societies because it is properly and immediately dedicated to the seruice of GOD as also because Common-wealths and other Societies cannot performe their dutie to GOD nor arriue to perfect felicitie but by the meanes of the Ecclesiasticall Societie 27 And this is so certaine and euident that no Philosopher or learned Paynim would deny it as it may appeare by the institution and customes of the best Common-wealths among the Paynims in the which the Religious Societie had the preheminence aboue the Common-wealth in all things that any way appertained to Religion as I will make it manifest heereafter when I shall speake of the law of Nations and now only for the present I wish to be obserued that in the Roman Common-wealth the chiefe Bishop who was called Pontifex Maximus had supreame authoritie in matters pertaining not only to Religion but also to State when the same was mixed with Religion in which case he commanded the Consuls themselues who were the Soueraigne temporall Magistrates Valeri l. 1. c. 1. This appeareth in Valerius Maximus who testifieth that Posthumus the Consull being a Priest of the God Mars and intending to goe to Africke with his army was forced by Metellus the chiefe Bishop to stay his iourney to attend to his Priestly function and therefore Cicero saith that it was most notably Cicero pro domo sua and diuinely ordained by the ancient Romans that the Bishops should haue the chiefe command in matters that pertained as well to the Common-wealth as to the Religion of the Gods And no meruaile seeing that the Augures who were inferiour to the Bishops had such absolute authoritie that they might hinder the election of Officers depriue the Magistrates of their Offices and forbid the Senate to treate with the people Cicero de legib lib. 1. 2. in so much that nothing lawfully done by any Magistrate at home or abroad if he were contradicted by them Cicero de Diuiuat lib. 2. and which is more the two Consuls P. Claudius and Lucius Iunius were condemned to death for disobeying them 28 Whereby it appeareth that although the Augures and Pontifices Maximi had no authoritie ouer the temporall Magistrates in matters meerely temporall yet when consideration of Religion entered together with temporall affaires the temporall Magistrate was corrected and commanded by the spirituall as occasion required And this I say was the custome of the Romans because no doubt they held it to be most conforme to the law of Nature in which respect I may boldly say that if an Oath had beene propounded amongst them to haue exempted their Consulls and other temporall Magistrates from the command and correction of the chiefe Bishop notwithstanding any occasion of religion which might occurre they would not haue admitted it as lawfull And this is our very case Thus I said in my Supplement and then I concluded concerning the pretended Oath of allegiance speaking to M. Barlow in these words And thus you see M. Barlow that the Law of Nature is so farre from enioyning and iustifying the Oath as you say it doeth that it vtterly reiecteth and condemneth it except you can turne the world vpside downe and peruert the whole course of nature and prooue that things lesse perfect are to be preferred before the more perfect the body before the soule sense before reason temporall things before spirituall pollicie before religion earth before heauen and the world before God whereto in very truth your doctrine in this point directly tendeth 29 But these two consequents which Mr. Fitzherbert deduceth from his last Discourse are neither against my doctrine nor doe they any way prooue the new Oath of Allegiance to bee repugnant to the Law of Nature For as I saide before I doe willingly grant that Religion and the seruice of GOD and perfect felicitie which is the immediate end thereof is farre more noble and more worthie then the temporall good or immediate end of any temporall Common-wealth which is his first consequent and also which is his second that the Religious or Ecclesiasticall Societie is the most excellent and worthie of all and may in some sort be called the Mistresse Lady Empresse and Goddesse of all Common-wealths and Societies because it is properly and immediately dedicated to the seruice of GOD as also because temporall Common-wealths and other Societies cannot performe their dutie to GOD nor arriue to perfect felicitie but by the meanes of the Ecclesiasticall Societie But shee is not called the Mistresse Lady Empresse and Goddesse of temporall Common-wealths for that shee can doe all the actions functions and offices of them and inflict the same temporall punishments that temporall Common-wealths can inflict but only for that shee can doe more noble and more worthie actions functions and offices and inflict more grieuous and more dreadfull punishments to wit spiritual agreeable to the nature and conditions of a spirituall Common-wealth and a Religious or Ecclesiasticall Societie 30 Secondly I doe also willingly graunt that amongst the Paynims and ancient Romanes not onely the chiefe Bishop who was called Pontifex Maximus and had the supreame authoritie in matters belonging to Religion or to the seruice of their Gods but also the Augures or Soothsayers who were Priests inferiour to the chiefe Bishop had great authoritie and command in matters belonging to temporall affaires in so much that the yong chickens of certaine birds called pulli Melici and Chalcidici were held in such honour and estimation among them that they would keepe no assemblies they would promote none to any office or dignitie they would neither make warre nor truce and finally neither at home nor abroad would they vndertake any enterprise vnlesse they were foretolde by those yong birds whose prediction they did regard as an oracle and message sent from Iupiter whose messengers and interpreters they accounted those birds to be The particular manner whereof you may see in Alexander ab Alexandro lib. 1. cap. 29. But from hence it doeth not follow that those chiefe Bishops as they were religious Priests had authoritie giuen them by the law of Nature but onely by the free grant of the temporall Common-wealth to punish temporally any man that should transgresse their commaund or otherwise violate the religion of their Gods 31 Thirdly therefore although it be true that the ancient Romans and other Paynims did preferre Religion and the worship of their Gods before any other temporall thing and in regard
the word vpside downe or peruerted the course of Nature but knew right well that things lesse perfect are not to be preferred before the more perfect the body before the soule sense before reason temporall things before spirituall policie before Religion earth before heauen and the world before God And therefore there is none but such ignorant men as my Aduersarie is that can or will affirme the new Oath of allegiance to be repugnant to the law of Nature or to the light of nature reason for that it denyeth the authoritie of spirituall Pastours to punish temporally ablute Princes or to depriue them of their kingdomes or dominions 44 And by this the insufficiencie of the rest of Mr. Fitzherberts Discourse will easily appeare This was some part saith he i Pag. 101. num 12. of my Discourse in my Supplement concerning the law of Nature whereby thou seest good Reader that I haue sufficiently shewed two things the one that according to the law of Nature the temporall state and power is subordinate and subiect to the spirituall when they are conioined in one body no lesse then the familie is subordinate and subiect to the Common-wealth in like case because the end of the temporall power is subordinate to the end of the spirituall power which ouerthroweth my Aduersaries false principle to wit that the Ecclesiasticall and ciuill Societie are so distinct in nature and office that though they be ioined together yet they haue no dependance the one of the other vpon which false ground and vaine supposition often affirmed by Barclay and him and neuer proued by either of them they found all their false doctrine 45 But how vntrue this is I haue already shewed For in the law of Nature the temporall state and power was not subiect and subordinate to the spirituall or Religious except only in excellencie and nobilitie whereof there is no question but contrariwise the Priests of the law of Nature were subiect in spirituall and religious affaires to the supreme ciuill Gouernour when they were distinct persons neither did they make two distinct Common-wealths as they doe in the law written but the ciuill Common-wealth had authoritie to dispose of all matters as well concerning Religion as state and not only to make Priests and to giue them Priestly power but also to increase diminish alter or to take away from them their Priestly authoritie and to determine of all things both temporall and spirituall which is not so in the law written wherein Priests haue their authoritie from the positiue institution and law of God himselfe 46 True it is that the Heathen Common-wealths gaue great authoritie priueledges and exemptions to those persons whom they chose and appointed to be their Priests especially to the chiefe Priest or Bishop whereof reade Alexander lib. 2. cap. 8. and lib. 3. cap. 27. to whom the Romanes gaue such great honour that they did esteeme him next to the King or supreme temporall Prince and gaue him authoritie to command and also to punish the King of sacred rites and all the other inferiour Priests Yea euen to Vestall Virgins who were Priests of the Goddesse Vesta such honour was giuen by the Romanes that if by chance they should meete any malefactour that was led to death hee should not for that time be put to death Plutarch in Numa Alex. lib. 5. cap. 12. vpon condition that the Virgin must sweare that her meeting of him was casuall and not of purpose But from hence it cannot be gathered that the religious Priests had by the law of Nature such authoritie priueledges and prerogatiues but only that the Common-wealth in honour of Religion did grant them such temporall honour and authoritie and would haue them to be obeyed in some matters of great moment vnder paine of death 47 Now in the new law in what manner the temporall Common-wealth or rather those persons who are parts and members therof are subiect to spirituall Pastours I haue at large declared aboue in the second part where I haue sufficiently proued out of Card. Bellarmines owne grounds that the coniunction of temporall power and of spirituall subiection in the same Christian man is not sufficient to make the temporall and spirituall Common-wealth among Christians one totall body or Common-wealth whereof the Pope is the supreme visible head for then the Pope must be both a temporall and spirituall Monarch of all Christendome and Christians and that although they should make one totall body or Common-wealth whereof Christ only is the head in that manner as I there declared yet from thence it could not be concluded that the temporall power or Common-wealth is per se and naturally subiect and subordinate to the spirituall power or Common-wealth but only that Christian Princes not as they haue temporall power but as being members of the Church of Christ they haue spirituall subiection and consequently in spiritualls and not in temporalls are subiect to the spirituall power or common-wealth and the spirituall Pastours thereof And there also I answered all the arguments which D. Schulckenius brought to proue the contrarie Let Mr. Fitzherbert impugne that Treatise and then he may haue some cause to brag that this doctrine of mine and Barclaies is a false and vaine supposition of our owne In the meane time the Reader may cleerely see how vainely and friuolously he hath proued by the law of Nature that the temporall power is subiect and subordinate to the spirituall and that in the law of Nature Religious Priests as they were such might command and correct temporally the temporall Common-wealth or supreme temporall Prince whereas the quite contrary is manifest by the law of nature 48 The other thing saith Mr. Fitzherbert that I haue shewed is that by reason of this naturall subordination and subiection of the lawes and lesse perfect Societies to the higher and more perfect it is most conforme to nature that the head of the Church who is the supreme spirituall Magistrate may command and correct all inferiour Magistrates as well temporall as spirituall when the necessitie either of the whole body or of the Church only which is the most perfect and supreme Societie doth require it as in like case the supreme ciuill Magistrate who is Prince and head of the Common-wealth iustly commandeth and punisheth the heads of Families or Cities notwithstanding that the said Families and Cities are distinct Societies and bodies and haue their lawes and Magistrates apart no lesse then the Common-wealth and Church haue theirs 49 But first it is vntrue that there is any naturall subordination and subiection of the temporall power or Common-wealth to the spirituall except in dignitie and perfection which is nothing to the purpose and whereof no man maketh doubt neither doth the dignity and perfection of the more noble and excellent Societie inferre a superioritie in command and authoritie ouer the lesse worthy and lesse noble Societie vnlesse we will haue the companie of Goldsmiths to haue
is no naturall subordination of any Ciuill Societie to the Church of Christ except only in dignitie and perfection which is nothing to the purpose and that in the law of Nature it belonged to the Ciuill Common-wealth it selfe to dispose and order all things as well concerning Religion as Ciuill matters as to ordaine Priests to appoint with what kind of Sacrifices and in what maner and place God should be publikely worshipped to giue or take away to extend or diminish the authoritie dignitie and priuiledges of Religious Priests as the Common-wealth whose Ministers they were and to whom they were subiect not onely in temporalls but also in spiritualls should thinke expedient and therefore to make a naturall subordination subiection not only in dignitie and perfection but also in power and authority of the ciuil common-wealth to the Church of Christ is cleerly repugnant to nature to all natural reason 55 Secondly I also shewed the manifest difference betwixt families cities and all such like inferiour Ciuill Societies being compared to the whole Ciuill Common-wealth and betwixt the whole Ciuill Common-wealth being compared to the Church or spirituall kingdome of Christ for that not only the persons of all inferiour ciuill Societies but also the Societies themselues which are only compounded of ciuill power are true parts members of the whole ciuill Societie or common-wealth and that therefore the supreame ciuill Magistrate or Prince who hath power to dispose of the whole ciuill body or common-wealth hath power also to dispose of euery part and member thereof But the temporall Common-wealth it selfe which is compounded only of ciuill power is not a part and member of the Church of Christ which is compounded onely of spirituall and not ciuill or temporall authoritie as Cardinall Bellarmine himselfe confesseth m Contra Barc c. 12. p. 137 in Schulck pag. 203. And therefore it doeth not follow by the same reason as my Aduersarie heere affirmeth that the supreame head of the Church of Christ may dispose of whatsoeuer belongeth to the ciuill common-wealth because the supreame Prince of the ciuill common-wealth may dispose of whatsoeuer belongeth to all other inferiour ciuill Societies And whereas hee supposeth that to dispose of whatsoeuer belongeth to the ciuill common-wealth may bee absolutely necessarie for the conseruation of the Church is a meere fiction and idle supposition of his owne braine and although it were so necessarie yet it should not belong to spirituall Pastours who haue no ciuill power but to Christian Princes to dispose thereof as I haue shewed aboue And as for the comparison of the soule and body which all my Aduersaries doe so often inculcate I haue also shewed before n Part. 2. c. 8. most cleerely that it is no fit similitude to proue their purpose but maketh flat against them both because the temporall and spirituall common-wealth doe not make one totall body or compound in that manner as the body and soule doe make one man and also because albeit the soule may command the body to punish it selfe yet shee her selfe cannot punish the body without the helpe and concurrance of the body it selfe and therefore neither can the Church of Christ inflict temporall punishments without the helpe and concurrance of the temporall common-wealth 56 But now Mr. Fitzherbert will make forsooth all the matter more cleare And all this saith he o p. 103. nu 16 will bee yet more cleare if wee consider the weake reason that Widdrington giueth of his conceipt to prooue that the supreame spirituall power cannot punish temporally Wid. in Admon ad Lect. nu 17. For thus hee saith Atque ita recta ratio dictat vt superior quicunque c. And so right or true reason teacheth that euery Superior may punish his inferiour with some penaltie that is proportionate to his authority but that any other besides him that is supreame Gouernor of the ciuill cōmon-wealth may punish his inferiour with the paine or punishment of death or maiming or of the depriuatiō of all his goods this cannot be deduced from the rule or prescript of true reason Thus saith hee But to omit to speake of bloodie punishments by death or maiming which are neuer vsed by the Church and therefore are idly mentioned heere by my Aduersarie it is to bee noted that in the rest hee contradicteth not onely the ancient and common practise of the Church yea the holy Scriptures as I shall shew p Iufra nu 18.19.20 Item cap. 7.9.10.11 12. per totum after a while but also his owne grant and concession 57 If the prudent Reader had not sufficiently seene before the extreame vanitie palpable ignorance and irreligious conscience of this my Aduersarie hee might easily conceiue me to bee a very bad ignorant and inconsiderate man for contradicting as hee saith not onely the ancient and common practise of the Church yea and the holy Scriptures but also my owne graunt and concession but such bragging and slanderous words are as you haue often seene frequent in this mans mouth First therefore those words of mine Atque ita recta ratio dictat c. And so true reason teacheth c. were not brought by me as a reason but as a conclusion of that I saide before concerning the authoritie of Superiours to punish their subiects or inferiours with some kinde of punishments proportionate to their Coerciue power 58 Secondly it is vntrue that bloodie punishments by death or maiming are idly mentioned heere by mee seeing that hee himselfe in the former paragraph did affirme that the head of the Church may by way not only of commandement but also of punishment dispose of whatsoeuer belongeth to the Ciuill Common-wealth and consequently both of goods and bodies whereof no doubt the ciuill common-wealth may dispose and in the second Chapter also hee expresly taught that the Pope hauing power ouer my soule and being withall the supreame Gouernour of the whole Church hath also power ouer my life albeit with the liues of Princes it being an odious question hee will not meddle and a little after hee affirmeth that the Pope hath power ouer the temporall goods states and bodies of all Christians and consequently according to his doctrine also of all Christian Kings and Princes Why then doth he now say that bloodie punishments by death or maiming are idly mentioned heere by mee when I affirme that none but the supreame ciuill Superiour hath power to punish his subiect or inferiour with the punishment of death maiming or depriuation of goods But marke I pray you his goodly reason because forsooth bloodie punishments by death or maiming are neuer vsed by the Church whereas the question betwixt vs was not whether the Church doeth actually vse bloodie punishments for of this I spake not one word in this place albeit Pope Adrian did ordaine in the Canon law q In cap. Delatori 5. q. 6. that the tongues of some malefactours should bee pulled out and the
heads of others stroken off but the question was whether the Pope hath power and authoritie to vse bloodie punishments and hee himselfe as you haue seene expresly teacheth that the Pope hath such a power and yet now forsooth I in denying it doe mention idly bloodie punishments by death or maiming 59 Thirdly that hee may not take occasion heereafter to cauell at my words when I affirmed that true reason teacheth that euery Superiour hath power to punish his inferiour with some punishment proportionate to his authoritie my meaning was as also my words doe sufficiently signifie to speake onely of supreame Superiours who haue both directiue and coerciue authoritie that is power both to command and punish for a delegate Superiour hath no other authoritie then is granted him by his supreame Superiour And therefore it is not against the law of Nature or the prescript of true naturall reason that such a delegate Superiour may haue power giuen him only to command and not to punish or to punish one man and not another or to inflict one punishment and not another according as his supreame Superiour shall thinke it fit and conuenient 60 Now you shall see in what manner Mr. Fitzherbert prooueth that I contradict my owne grant the holy Scriptures and the ancient and common practise of the Church You haue heard Widdrington graunt r Supra c. 5. nu 1. Wid. in Admon ad Lect. nu 17. saith hee Å¿ Pag. 104. nu 17. that the spirituall Superiour may commaund corporall and temporall things as they serue the spirituall and are reduced thereto Why then may hee not punish his subiect in his body or temporall goods for the same respect But first what contradiction I pray you is it to affirme that the spirituall Superiour may for a spirituall end command or enioyne temporall penalties and to deny that he may not for a spirituall end inflict temporall penalties Contradiction as all Philosophers know is an affirming and denying of the selfe same thing and in the selfe same manner but to affirme one thing and to deny another is no contradiction at all Wherefore to proue that I contradict my owne grant Mr. Fitzherbert must proue which he can neuer doe that I affirme and deny the selfe same thing as to affirme and deny that the spirituall Superiour hath power to commaund temporall penalties to affirme and also to deny that hee hath power to inflict temporall penalties for otherwise to accuse mee of contradiction for affirming one thing to wit that the spirituall Superiour hath power to commaund temporall penalties and for denying another thing to wit that hee hath not power to inflict temporall penalties is to accuse himselfe of most grosse and palpable ignorance 61 Secondly I answere his demaund with other like demaunds Cardinal Bellarmine as you haue seene aboue t Part. 2. cap. 8. affirmeth that the soule may command bodily actions when they are necessary for the good of the soule and I also added which he cunningly concealed when they are necessary for the good also of the body why then may not the soule her selfe also exercise bodily actions for the same respect without the helpe or actiue concurrance of the body it selfe Also the soule may command one corporall member to punish another if it be necessary for the good either of the soule or of the body as the hands to whip the shoulders or to cut off some contagious member as the fingers the toes the feete or legges if they be poysoned why then hath not the soule herselfe for the same respect power to doe the same Moreouer a ghostly father may enioine his penitent for satisfaction of his sinnes and to auoide the danger of falling backe into sinne to giue Almes to build Hospitalls to afflict his body with fasting watching disciplining haire cloth and such like to shunne this or that company c. Why then if the Penitent refuse to doe these things may not his ghostly father for the same respect take away his money from him and giue Almes and build Hospitalls therewith and afflict his penitents body whether hee will or no c Why did S. Bernard affirme that the materiall sword is by Christs commandement to be drawne forth for the Church but not by the Church with the hands of the Souldier but at the becke or declaratiue commaundement of the Priest 62 But the true and proper reason why spirituall Pastours haue authoritie to command temporall punishments and not to inflict temporall punishments or to punish temporally must bee taken not from any naturall subordination or which is all one from any necessarie subiection which according to the law of Nature the ciuill common-wealth or temporall Princes haue to the Religious Societie or to the Ministers of sacred rites for that in the law of Nature it belonged to the ciuill common-wealth to dispose of all matters as well concerning Religion as state as I haue shewed before but it must bee taken from the positiue institution of Christ our Sauiour and from the nature and conditions of the lawes weapons armour and punishments which according to the institution of Christ are due to the Church as he hath distinguished them from the nature and conditions of the lawes weapons armour and punishments which are proper to the temporall Common-wealth For there is no doubt to be made but that our Sauiour if it had pleased him might haue ordained that the chiefe visible head of the Church should bee both a temporall and spirituall Monarch as the Canonists will haue him to be and might haue giuen him authoritie to inflict not only spirituall but also temporall punishments and not only to command but also to vse the materiall temporall or ciuill sword as also if it had pleased him hee might haue giuen him no power to command at all but only to preach the word of God and to declare his law and to minister Sacraments to them that should voluntarily and of their owne accord demaund them wherefore what power the Pope and other spirituall Pastours haue wee cannot gather from the law of Nature or the necessary prescript of naturall reason but onely from the positiue institution and law of Christ. 63 But this difference betwixt the power to command and to inflict temporall punishments will be made more plaine and perspicuous by examining his next Discourse and by declaring morefully the true sense and meaning of those former words of mine The spirituall Superiour may command corporall and temporall things as they serue spirituall and are reduced thereto Which my Aduersarie either doth not or would seeme not to vnderstand For seeing that saith he u Pag. 104. numer 17. the spirituall power to command temporall things in that case resulteth as Widdrington seemeth to grant vpon their reduction to the spirituall that is to say because they are vsed and applied to the seruice of the spirituall whereby they are reduced to a kind of spirituall nature or qualitie why
shall not the same reason hold for the spirituall Superiours power to punish in temporall things which are no lesse vsed and applyed to the seruice of the spirituall in punishment then in commandement as when delinquents are enioyned for the punishment of their sinnes to giue Almes to build Hospitals or Monasteries to goe in Pilgrimage and to afflict their bodies by fasting watching discipline haire-cloth and such like it is cleare that as well the corporall labours as the temporall expences are referred to a spirituall end to wit to Gods glory and the benefite of the Soule no lesse then if the same were imployed otherwayes for Gods seruice by the direction or commandement of the spirituall Superiour Also when heretikes are depriued of their honour fame goods or liues for the iust punishment of their heresie See Siluester verb. Haeres nu 12. 13. 14. according to the custome and Canons of the Church who knoweth not that the same to done for the glory of God and the great benefit of the Church So as there is no lesse relation or reduction of corporall and temporall goods to the spirituall in punishing then in commanding and therefore Widdrington cannot with any probability admit the one and reiect the other 64 The reason why the spirituall Pastours of the Church may command temporall punishments and yet may not inflict them or punish temporally or which is all one why the directiue power of spirituall Pastours is extended to temporall punishments for a spirituall end and yet their coerciue power is not for the same respect extended also to temporall punishments but restrained and limited to spirituall or Ecclesiasticall Censures I fully declared in my Appendyx to Fa. Suarez which Mr. Fitzherbert might well haue seene seeing that it was published the yeere before this his Reply came forth See Appendix part 1. sec 4. For Fa. Suarez argued in this manner The Ecclesiasticall power of the Church as it is directiue or commanding is not by those words of our Sauiour Quodcunque ligaueris c. Whatsoeuer thou shalt binde c. determined to this or that manner of directing or commanding but doth without limitation comprehend all conuenient directing or commanding therefore the same is to be vnderstood of the coerciue or punishing power For we doe now suppose as a thing manifest and knowne to euery man of meane learning that in euery law there is contained the commandement which the Diuines call vis dirigens the directiue or commanding force or power and the punishment for feare of which we are in some sort compelled and constrained to performe the thing commanded which therefore the Diuines call vis cogens or coercens the compelling enforcing or punishing force or power of the law 65 This therefore was a part of my answere to the aforesaid argument of Fa. Suarez which my Aduersaries concealing thereof vrgeth me to repeat heere againe that the Reader may in some sort thereby perceiue that he still vrgeth the same arguments which haue before beenefully satisfied Secondly if that assertion or argument of Suarez be so vnderstood that as the Ecclesiasticall power to command is not limited to any certaine manner of commanding so that it be conuenient and beseeming the nature and condition of an Ecclesiasticall or spirituall body or Societie as it is by the institution of Christ distinguished from the ciuill body or Common-wealth so the Ecclesiasticall power to punish is not limitted to any certaine manner of punishing so that it be conuenient and beseeming the nature and condition of an Ecclesiasticall or spirituall body and society as it is instituted by Christ and distinguished from the ciuill Common-wealth then wee grant also his comparison or the consequence of his argument But then we affirme that as onely temporall correction or punishing is conuenient and proper to the temporall body or Common-wealth so also onely spirituall censures or punishments are by the institution of Christ conuenient and beseeming the spirituall kingdome or Church of Christ as out of many Catholike Authours wee haue shewed a little before 66 Wherefore there is a great difference to be obserued betwixt the power to command and to punnish For the Ecclesiasticall power to command is as it were vnlimited and may be extended to all things both spirituall and also temporall not as they are temporall but as in regard of the vertue or sinne therein contained they become spirituall because the obiect of the Ecclesiasticall directiue or commanding power is vertue or vice which may be found in all things whatsoeuer aswell temporall as spirituall And so the Ecclesiasticall power forbidding a temporall thing as it is a sinne or hurtfull to spirituall good doth nothing which is vnbeseeming the nature and condition of a spirituall body or Society but the depriuing one of temporall lands goods libertie or life are alwaies temporall punishments for what crime soeuer either spirituall or temporall they be inflicted and therefore are not conuenient or beseeming the nature or condition of a spirituall Common-wealth as I haue shewed before 67 And this distinction or difference betwixt the commanding and chastising power doth euidently appeare in the ciuill Common-wealth which hauing for the obiect of her directiue or commanding power publike peace or publike disquietnesse as the Ecclesiasticall hath vertue or vice may forbid all things euen Ecclesiasticall matters as they are truely manifest wrongs to the ciuill society and vniust hindrances to the publike peace for that these vniust oppressions although principally and of themselues are spirituall yet secondarily and by accident they are temporall wrongs and in that regard may be punished by the ciuill Magistrate not with spirituall but with temporall punishments as before in this Disputation x Cap. 7. sec 2 nu 17. I haue shewed out of those two famous and learned Dominikes Sotus and Bannes Whereby we may perceiue that this manner of arguing which Suarez vseth in comparing the commanding or directiue power with the punishing or coerciue is not allowable for otherwise wee might in like manner conclude that as the Ciuill power to command is not so limitted but that it may sometimes be extended to Ecclesiasticall or spirituall matters so also the Ciuill power to punish is not so limited but that it may sometimes be extended to punish with Ecclesiasticall or spirituall punishment Thus I answered in that place 68 By which the Reader may cleerely see that the difference betwixt the directiue or commanding and the coerciue compelling or punishing power must bee taken as the natures and differences of all powers ought to be taken from their proper acts and obiects for the acts and obiects of the Ecclesiasticall power as it is directiue or commaunding are the commaunding of vertuous and the forbidding of vicious acts whereby the spirituall health of soules and euerlasting happinesse which is the last end of the spirituall power is obtained So that what thing soeuer be it temporall or spirituall that may be vertue or
cauilleth at the similitude for that saith he as there is not the same reason of the flesh and spirit of the body and soule of sense and reason of earth and heauen of Beasts and Angels of the sheepe and the Pastour especially in the comparing of the subiection and dominion so truely there is not the same reason of the temporall and spirituall power 101 But who seeth not what a friuolous cauill this is Who knoweth not that the body and the soule sense and reason earth and heauen Beasts and Angels Kings and Popes doe agree and are like in somethings and that in those things wherein they agree they may be compared together What man of iudgement would disprooue him that should say that as the body is an imperfect substance and is referred to the soule so the soule is an imperfect substance and is referred to the body as sense is sometimes subiect to reason so reason is sometimes subiect and captiuated by sense as the Pope is head of the Church and of spirituall power so the King is head of the ciuill common-wealth and of ciuill power and to omit that saying of the auncient Glosse f Patricius est Pater Papae in temporalibus sicut Papa est Pater Patricij in spiritualibus which Cardinall Bellarmine with small reuerence to antiquity affirmeth g Bell. contra Barcla c. 13. 16. to be razed out of the Canon law for doting olde age who can iustly mislike the like assertion of the Glosse vpon the twelfth Chapter of S. Marke As the King of France is subiect to the Bishop of Paris in spiritualls and his Lord in temporalls so Christ is the sonne of Dauid according to the flesh and his Lord according to his Dietie What man of learning can deny that although there be not the same reason of Christ and Dauid of the Bishop of Paris and the King of Fraunce of the temporall common-wealth and the spirituall concerning the particular manner of subiection and dominion yet in generall they may agree in this that the one is superiour and subiect to the other in a diuerse kind of superioritie and subiection and that although the King of France be a sheepe and the Bishop of Paris a spirituall Pastour and Dauid bee a man and Christ be God and the spirituall common-wealth be more excellent then the temporall yet they may bee compared one with the other in diuers kindes of superioritie and subiection But in such childish arguments and which are not worth the answering for want of better D. Schulckenius maketh great force 102 Secondly how vntrue it is which this Doctour so boldly affirmeth and which is one of the chiefe pillars whereon his doctrine concerning the Popes power to depose Princes is supported that the temporall power is per so subiect to the spirituall and that the spirituall power or spirituall Pastours are not per accident and by reason of vniust perturbing the publike peace subiect to the temporall power I haue shewed at large in the second part where I haue conuinced that this naturall subiection and subordination of the temporall power to the spirituall except only in perfection and excellencie is a meere fiction and that to affirme as this Doctour doth h Pag. 201. that Bishops are exempted omni iure from the ciuill power is a most false and intollerable doctrine and generally repugnant both to the doctrine of the ancient Fathers expounding that place of the Apostle Omnis anima c. Let euery soule be subiect to higher powers and to the common opinion of the Diuines and also the Iesuites who affirme that Cleargie men are not de facto exempted from the directiue power of temporall Princes and that they are bound to obserue their lawes not only by force of reason but also by force and vertue of the law 103 Now Mr. Fitzherbert in like manner being not able to proue as you haue seene this his fained naturall subordination of the temporall common-wealth to the spirituall except only in perfection worth and excellencie as spirituall things are more excellent then temporall which is nothing to the purpose and denyed by no man and hauing brought not so much as one proofe that the temporall power and spirituall doe make one body but barely and briefly supposeth the same whereas aboue in the second part I haue euidently conuinced the contrarie euen according to Card. Bellarmines owne grounds yet he feareth not to impeach of absurditie and impietie this doctrine which denyeth the aforesaid subordination and vnion thinking belike silly man that his bare I say is sufficient to satisfie the vnderstanding of the iudicious Reader But I let passe saith he i Pag. 108. nu 22. Widdringtons absurd and impious doctrine destroying the naturall subordination of temporall things to spirituall when they are ioyned in one body which I haue amply k Supra num 2. 3. seq proued euen by the law of Nature and I only wish to be obserued that albeit we should grant it to be true as it is most false that spirituall and temporall things may take the nature the one of the other equally by reason of some sinne annexed yet it would follow thereon that the spirituall Superiour may punish euen in temporall things because according to this doctrine temporall things doe become spirituall when the consideration of sinne entereth whereby also they are made proper to the spirituall communitie and consequently may be vsed and applyed by the spirituall Superiour to the punishment of his subiects 104 But first to let passe that Mr. Fitzherbert throughout this whole Treatise hath shewed himselfe to be a very vaine absurd ignorant and fowlemouthed man and that heere he hath proued nothing else by the law of Nature then that spirituall things are to be preferred before temporall things as the more perfect before the lesse perfect the soule before the body religion before policie heauen before earth and God before the world and consequently that the temporall common-wealth is in perfection worth and excellencie but not in authoritie subiect to the spirituall which no man calleth in question why doth he adde out of his owne braine that word equally except only to cauill and to perswade his Reader that I affirmed that spirituall and temporall things may be compared together not only in generall but also in euery point in particular and that betwixt them there is no disparitie at all seeing that I did not vse that word equally but the doctrine which I taught was this that not only temporall things by reason of some sinne annexed may oftentimes take the nature of spirituall things and therefore may be forbidden by the spirituall power of the Church which hath for the obiect of her directiue power vertue and vice in what actions so euer either temporall or spirituall they are to be found and consequently may be punished also by the Church with Ecclesiasticall Censures which only are the obiect of her coerciue or
punishing power but also spirituall things by reason of some vnlawfull disturbance of the publike temporall peace annexed vnto them may sometimes take the nature of temporall things and therefore may be forbidden by the temporall power of the Ciuill common-wealth which hath for the obiect of her directiue power the procuring and maintaining of publike peace and the shunning of all vnlawfull disturbance of this temporall peace in what actions soeuer either temporall or spirituall they are to be found and consequently may be also punished if we abstract from the priueledges of Princes and Ecclesiasticall Canons with temporall punishments which only are the obiect of the temporall coerciue power For what sensible man can deny that temporall Princes haue authoritie if we regard the nature and obiects of temporall power to forbid all men whatsoeuer that are subiect to their directiue power as also according to the common doctrine of Diuines are Cleargie men not to disturbe wrongfully the publike temporall peace by any actions whatsoeuer and to punish all them that shall transgresse their iust command and are subiect to their coerciue power with temporall punishments and that when the temporall Prince forbiddeth all vnlawfull poysonings the vnlawfull poysoning of men by spirituall actions as by baptizing with poisoned water is not contained vnder this command 105 Secondly it is not true that granting once as I often doe that temporall things may take the nature of spirituall things by reason of sinne annexed it must follow thereon as Mr. Fitzherbert concludeth that the spirituall Superiour may punish in temporall things or which he taketh for all one may inflict temporall punishments and the perspicuous reason heereof I alledged before for although temporall punishments doe become spirituall things when the consideration of sinne entereth for which they may be subiect to the directiue power of the Church which hath for her obiect vertue or vice and consequently they may be commanded or forbidden by the spirituall power of the Church as it is directiue yet still they remaine temporall punishments which are only subiect to the coerciue or punishing power of temporall Princes and therefore cannot be vsed or inflicted by the coerciue or punishing power of the Church which hath for her obiect spirituall or Ecclesiasticall Censures and not temporall punishments Wherefore vnlesse the consideration of sinne can make which is impossible temporall punishments to be I doe not say spirituall things but spirituall punishments it can neuer make temporall punishments to be the obiect of the spirituall power as it is coerciue although it maketh them to be the obiect of the spirituall power as it is directiue But my Aduersarie by not distinguishing these two powers and their proper acts and obiects would blind the vnderstanding of his vnlearned Reader with a confused reduction of temporall things to spirituall which this distinction of the directiue and coerciue power and the proper acts and obiects of either of them doth make most plaine and manifest 106 Also if temporall things saith Mr. Fitzherbert l Pag. 1. 8. nu 23. 24. may be come spirituall by reason of sinne annexed why shall they not also haue a spirituall nature and qualitie by the connexion of some vertue and specially when they are applied as I haue said before to a spirituall end as to the seruice and glory of God which is the end of all things spirituall and temporall to which purpose it may be obserued Rom. 12. that S. Paul exhorted the Romaines to exhibite their bodies hostiam viuentem sanctam Deo placentem c. a liuing sacrifice holy and pleasing God giuing to vnderstand that our bodies goods and what temporall thing soeuer is subiect to our soule being dedicated and applyed to Gods seruice and the good of the soule is sanctified therby and becommeth spirituall Whereupon it followeth that whensoeuer a spirituall Superiour punisheth his temporall subiects in their bodies or goods for satisfaction of their sinnes and for the seruice of God and the Church and the good of soules their corporall and temporall punishments becommeth spirituall by reason of the end and the vertue annexed and consequently is most lawfull and iust euen according to my Aduersarie Widdringtons owne doctrine 107 Whereto I also adde that whereas Widdrington saith that euerie Superiour may punish his subiects with penalties proportionate to his authoritie he must needes grant the same in this case for albeit temporall goods haue no naturall proportion with spirituall things yet they haue a morall proportion therewith because they are not able instruments of good workes â— Pet. 2. in which respect S. Peter calleth Almes and other good workes spirituales Hostias spirituall Sacrifices albeit they consist in the vse and imployment of temporall things and therefore when temporall things are necessarie to a spirituall end they may be disposed of by the Church as proportionate to the end whereto they are necessarie 108 No man maketh any doubt but that temporall things may become spirituall not only by reason of sinne but also of vertue annexed especially when they are applyed to a spirituall end as to the seruice and glory of God who is the end of all things spirituall and temporall and therefore when one doth punish his body by fasting discipline hairecloath or such like for the satisfaction of his sinnes and for the seruice of God although they be corporall punishments yet they are vertuous actions and in that regard spirituall things and consequently subiect to the spirituall power of the Church as it is directiue But from hence it doth not follow that these temporall punishments by reason of vertue annexed doe become spirituall punishments but only vertuous actions and in that regard spirituall things for still they remaine temporall punishments and therefore not subiect to the spirituall power of the Church as it is coerciue which hath for her obiect only the vsing and inflicting of Ecclesiasticall or spirituall not temporall or Ciuill punishments Wherefore a spirituall Superiour hath no authoritie by the institution of Christ to punish in body or goods for any end whatsoeuer by way of constraint his spirituall subiects whether they be Clearkes or Lay-men whom Mr. Fitzherbert improperly calleth his temporall Subiects for although they be temporall men yet comparing them to spirituall Superiours they are spirituall not temporall Subiects for that the obiect of the spirituall coerciue power are not temporall or corporall but only spirituall Censures or punishments although he may as I said command such corporall punishments when they are necessarie for the good of the soule in which case they become spirituall things to wit vertuous actions which are the obiect of the spirituall directiue power But the cause of Mr. Fitzherberts errour is for that he doth not distinguish betwixt spirituall or temporall things and spirituall or temporall punishments and betwixt the acts and obiects of the spirituall directiue and of the spirituall coerciue power for although temporall punishments by reason of
vertue annexed doe become spirituall things that is vertuous actions and therefore subiect to the spirituall directiue power yet they doe not become spirituall Censures and therefore not subiect to the spirituall power as it is coerciue but they still remaine temporall punishments which are the obiect only of the temporall coerciue power 109 Wherefore that also which he addeth that euery Superiour may according to my doctrine punish his Subiect with penalties proportionate to his authoritie is very true but he must still distinguish betwixt the directiue and coerciue power or authoritie and in what manner temporall punishments are proportionate to either of them For because as well temporall as spirituall punishments may be vertuous or vicious actions therefore they are proportionate to the spirituall directiue power whose proper acts and obiects are the commanding of vertue and the forbidding of vice but because not the commanding either of temporall or spirituall punishments but only the actuall punishing with Ecclesiasticall censures or the inflicting of spirituall punishments is the proper act and obiect of the spirituall coerciue power therefore the inflicting onely of spirituall punishments and not of temporall is proportionate to the spirituall coerciue power From whence it euidently followeth that the Church for a spirituall end may command temporall things but not dispose of temporall things may command one to giue Almes for the satisfaction of his sinnes but may not take away his purse from him to giue Almes for that end may commaund one to punish and macerate his body when it rebelleth against the soule but not inflict vpon him corporall punishments for the same end 110 And by this also all the rest which Mr. Fitzherbert addeth in this Chapter is clearely answered and the manifest absurditie which hee would put vpon mee doth manifestly fall vpon himselfe But now saith he m Pag. 109. nu 25.26.27 if together with all this we consider the naturall subordination of temporall things to spirituall whereof I haue sufficiently treated before n Supra num 2 3.4 seq Widdringtons absurdity will be most manifest as well in denying that the spirituall Superiour may punish his subiect in his person or temporall goods for a spirituall end as in affirming that the spirituall power may become subiect to the temporall no lesse then the temporall to the spirituall as though there were no subordination or subiection of the one to the other wherein he peruerteth the whole course of Nature no lesse then if he should say that in some cases the soule may be subiect to the body heauen to earth religion to policie Angels to men and God to the world whereby you may still see what probable arguments and answers he affordeth his Reader for the assurance and security of their consciences See Preface num 9. See also the answere therto nu 9. seq and that he had great reason to protest as you may remember I haue signified in the Preface that his meaning is not to lay downe any demonstrations or infallible arguments for the proofe or defence of his opinion 111 For truely all that he saith doth demonstrate nothing else but the weakenesse of his cause and his owne wilfulnesse if not of malice in defending such an improbable and extrauagant Paradoxe as this is which hee holdeth and defendeth contrary to the vniuersall and continuall custome of the Church grounded vpon the holy Scriptures the practise of the Apostles and the decrees of Popes and Councels and finally contrary to the whole course of the Canon law as it will euidently appeare in the ensuing Chapters and as Cardinall Bellarmine against Barclay and Doctour Schulckenius in his late Apologie for the Cardinall and diuers others haue sufficiently shewed and amongst our learned Countrimen Mr. Doctor Weston hath clerely soundly proued it in his booke intituled Iuris Pontificij Sanctuarium wherein he battereth all the foundations of my Aduersarie Widdringtons doctrine and fully confuteth him as well in all other points as in this touching the Popes power to punish temporally which hee o Quest 17.18.19.20.21 22. doth learnedly and amply demonstrate as well by the holy Scriptures as by many examples of the Churches practise to wit by diuers kinde of diuorces by the relaxation of debts exemption of children frō the power of their parents the abrogation of temporall and Ciuill lawes the dissolution of contracts and bargaines and finally by the imposition of temporall penalties almost vsuall and ordinarie in the practise of the Church as hee sheweth very particularly by the Ecclesiasticall Canons I forbeare for breuities sake to prosecute these points in particular only I shall haue iust occasion to treate now and then of the infliction of temporall penalties in answer of my Aduersaries pertinent obiections out of the Canons and Canonists which I hope may suffice for as much as I haue vndertaken to performe in this briefe Reply 112 But all that my Aduersary heere obiecteth I haue alreadie sufficiently confuted And first I haue cleerely conuinced that there is no naturall subordination of the temporall power to the spiritual except in nobilitie and therefore that neither the spirituall power speaking properly and in abstracto is subiect to the temporall nor the temporall to the spirituall except as I said in worth excellency and nobilitie wherein the spirituall doth excell but not in authoritie wherein they are both supreme vnlesse my Aduersaries will grant that temporall Princes are not supreme and absolute in temporall matters and spirituall Pastours are not supreme and absolute in spirituall causes which is a Paradox in true Diuinity Secondly I haue proued also most plainly that not onely temporall Princes being parts and members of the spirituall kingdome or Church of Christ are subiect to spirituall Pastours in spirituall things but also spirituall Pastours being parts and members of the temporall common-wealth are subiect to temporall Princes in all temporall things except wherein the law of God or man hath exempted them and to affirme the contrary were to peruert the whole course of Nature no lesse then if one should say that members are not subiect to the whole body and to the head thereof the bodie and soule to man heauen and earth to the whole world religion pollicy men Angels and the whole world to God Whereby you still see what improbable arguments answeres my Aduersary affoordeth his Readers for the assurance and securitie of their consciences in a matter belonging to their obedience due to God and Caesar and which forsooth he will needes haue to be a point of faith to the proofe whereof it is not sufficient to bring probable arguments but conuincing demonstrations as contrariwise it sufficeth to bring probable arguments and probable answeres to prooue any doctrine not to be certaine and of faith as I haue shewed more amply in the answere to his Preface whereto heere he remitteth his Reader 113 For truely all the effectuall proofes and cleere demonstrations which
the Priests of the new law must haue authoritie to doe the like but things farre more noble and excellent for that the veritie must be of a more high and excellent order then the figure as in the fifth Chapter I proued more at large And therefore as in the olde law all the figures promises and punishments were temporall so in the new law the veritie promises and punishments which correspond thereunto must be spirituall not temporall for otherwise the figure should bee the same with the veritie and not of an higher nature and order then the verity So that temporall life must correspond to spirituall life temporall kingdomes to spirituall kingdomes temporall goods to spirituall goods temporall promises and rewards to spirituall promises and rewards and temporall punishments to spirituall punishments all which spirituall punishments are contained in Excommunication Maior and Minor and in other Ecclesiasticall Censures and punishments And to that which he addeth in the end that I must acknowledge according to my owne doctrine that the Church may punish temporally seeing that shee may excommunicate I haue already fully m Cap. answered and denyed his consequence for that the Church of Christ neither by ExcoÌ„munication nor by any other way hath by the institution of Christ authoritie to inflict temporall punishments but only to punish temporally by way of command which no man denyeth And thus much concerning the olde law 10 Now to the authorities which Mr. Fitzherbert brought out of the new Testament I answered thus Sixtly those places of the new Testament Quodcunque solueris super terram c. n Matth. 16. Whatsoeuer thou shalt loose vpon earth c. and Pasce oues meas o Ioan. 21. Feede my sheepe as also the reason which Fa. Parsons bringeth to wit that otherwise the Ecclesiasticall common-wealth should bee imperfect and not sufficient for it selfe are explicated by mee elsewhere And that corporall killing of Ananias and Saphira and the visible deliuering of the fornicatour to Sathan are to be referred to the grace of miracles Neither will this Authour say as I imagine that the Pope hath power to kill wicked men and malefactours with the word of his mouth 11 To this my answere Mr. Fitzherbert replieth in the same order And first to my answere to those two places Whatsoeuer thou shalt loose c. and Feede my sheepe which I made in my Apologie p Apolog. nu 35. seq nu 203. seq wherevnto I remitted the Reader he replieth thus q Pag. 115. nu 6.7.8 That which Widdrington saith in his Apologie concerning these two texts allâ—dged out of the Gospell is no other but to prooue that Christ gaue thereby to S. Peter a spirituall authoritie onely which we willingly grant as D. Adolphus Schulckenius r Adolph Schulck in Apolog c. 4. § Respondeo p. 136 in his answere for Cardinall Bellarmine hath declared sufficiently and tolde my Aduersary Widdrington withall how vainely he hath laboured with a long discourse and many idle words to prooue that which neither the Cardinall nor any other Catholike will deny 12 For wee willingly grant saith Schulckenius that the Popes power is formally spirituall though virtually it is also temporall extending it selfe to temporall things so farre forth as they are subordinate to the spirituall and the necessitie of the Church shall require So hee Å¿ Ibidem and afterwards he also explicateth the same in these words Nam animus noster spiritus est c. For our soule saith he is a spirit and hath a spirituall power and yet it doth not onely thereby gouerne the body which is subiect vnto it but doth also chastise it with corporall punishments as watching hairecloth fasting and whipping And therefore if Bellarmine did say that the Pope doth iudge the faults of Princes and vpon their desert depriue them sometimes of their gouernment by a temporall power his Aduersary Widdrington should say somewhat to the purpose but now seeing that Bellarmine saith that the Pope vseth a spirituall power when hee depriueth Princes of their States for spirituall and Ecclesiasticall crimes such as heresies and Schismes are his Aduersary Widdrington doth idlely beate the ayre c. for he should haue prooued that a supreme spirituall power cannot extend it selfe to dispose of temporall things as they are referred to spirituall things Thus saith Schulckenius 13 And thereof my Aduersary Widdrington might haue taken notice if it had pleased him when he referred me and his Readers to his Apologie for answere to those places For albeit he may perhaps pretend that hee had not seene Schulckenius his Apologie for the Cardinall before hee had ended his Theologicall Disputation yet it is euident that he had seene and read it before he wrote his Admonition to the Reader wherein he writeth against me For he not onely maketh mention therein of the Apologie of Schulckenius but also carpeth at him for some things that hee handleth and therefore if he had meant sincerely he would not haue remitted vs to his owne Apologie for this point without some confutation of Schulckenius his Answere thereto I meane of so much as concerneth this matter For otherwise he may multiply bookes and write of this controuersie as long as he liueth and all to no purpose if he will still stand vpon his first grounds and dissemble the answeres that are made thereto and therefore as hee remitteth me to his Apologie so I remit him also to the answere of Schulckenius which I haue partly laide downe heere and may be seene more at large in him And this shall suffice for this point 14 But truely it is intollerable that these men should so shamefully both abuse me and delude their Reader I doe not say onely in dissembling the answere I made to their argument but in plainly corrupting the words and manifest sense thereof in which manner they may multiply bookes and make Replies with ease but with shame enough For it is too too apparantly vntrue that I labored in that place to prooue nothing else as those men falsly affirme but that which neither Cardinall Bellarmine nor any other Catholike will deny to wit that Christ gaue to S. Peter a spirituall authoritie onely although it be well knowne that the common opinion of the Canonists doth deny the same who contend that Christ gaue thereby to S. Peter not onely spirituall but also temporall authoritie and made him thereby not onely a spirituall but also a temporall Monarch and therefore Mr. Fitzherbert is grosly mistaken in saying so boldly that neither Cardinall Bellarmine nor any other Catholike will deny that Christ gaue thereby to S. Peter a spirituall authoritie onely For I did not contend in that place about the authority which was giuen to Saint Peter to binde and loose which Cardinall Bellarmine taketh to bee all one with to feede his sheepe whether it was temporall or spirituall or both as the Canonists wil haue it but about the acts
and effects of that power and authority and I affirme that the effects of that power which was giuen to S. Peter to binde and loose to wit the bindings and loosings themselues were spirituall and not temporall bindings and loosings For this was my answere in that place t Apolog. â— 35.36 15 And although it be generally said by Christ our Sauiour whatsoeuer thou shalt binde c. yet without doubt neither is that word whatsoeuer to bee taken in it whole latitude or generality or as the Logicians say with a complete distribution but with some limitatioÌ„ or accommodate distribution neither did Christ our Sauiour speake of euery binding but only of a certaine determinate binding And by the words that go before to wit the keyes of the kingdome of heauen and by those that follow in caelis also in heauen it is plaine enough that this bond which the Ecclesiasticall power may by the institution of Christ binde and loose is not a temporall â—â—nd but that it appertaineth to a heauenly and spirituall binding Whereupon the Interlineall Glosse expounding those wordes Matth. 18. What things soeuer you shall binde with the bond saith hee of Anathema Which also Franciscus Suarez a most famous Diuine of the Societie of Iesus doth expresly affirme But that which is added saith he u Tom. â— disp 1. sec 2. nu 5. Erit ligatum in caelo Shall bee bound also in heauen doth sufficiently declare this power not to be naturall but supernaturall and that bond marke this word bond to be spirituall and of a superiour or higher order And Ioannes Parisiensis To that saith hee x In Tract de potest Regia Papaâ— c. 15. which is secondly obiected Whatsoeuer you shall loose c. I answere according to Chrysostome and Rabanus that by this no other power is vnderstood to bee giuen but spirituall to wit obserue that which followeth to absolue from the bond of sinnes For it were foolish to vnderstand that by this is giuen authoritie to absolue from the bond of debts Thus I answered in my Apologie 16 Consider now Good Reader with what face or conscience these men can affirme that I haue laboured houre euen with sweate and vainly spent many words only to proue by those two authorities of holy Scripture that the Pontificall power is spiritually which neither Card. Bellarmine nor they doe deny but willingly grant whereas I doe not contend that the power to bind and loose which was giuen to S. Peter and to the rest of the Apostles is spirituall and not temporall but that the bond which the Ecclesiasticall power is to bind and loose is a spirituall and not a temporall bond which if my Aduersarie hence will grant it must needs follow that corporall and temporall punishments as watching haire-cloath fasting whipping imprisonment depriuing of corporall life or temporall goods all which are corporall and temporall bonds and punishments cannot be inflicted by that Ecclesiasticall power which Christ gaue to S. Peter and the other Apostles And therefore with what safetie our English Catholikes can aduenture their soules and whole estates vpon these men 1. Tim. 4. who haue according to the Apostles saying such wounded seared or canteriate consciences and in their publike writings doe so grosly and shamefully corrupt the words and meaning of their Aduersarie in a matter of such importance as is their obedience due to God and Caesar I remit to the consideration of any prudent man 17 The soule is a spirit saith D. Schulckenius related heere by my Aduersarie and hath a spirituall power yet it doth also chastice the body but in that manner as I declared in the second part with corporall punishments as watching hairecloath fasting and whipping And what then will they therefore inferre that because watching wearing of hairecloath fasting and whipping are commanded by the spirituall power of the foule therefore they are spirituall and not corporall actions and punishments No man maketh any doubt but that the power whereby God created the world the Angell moued the water y Ioan. 5. Ananias and Saphira were striken dead z Acts 5. was a spirituall power yet no man can deny that the creation of the world and the mouing of the water were corporall actions and the sudden putting to death of Ananias and Saphira were also corporall actions and punishments So likewise it cannot be denyed that the binding of men with fetters be it done by God Angells or men that is by a spirituall or temporall power is a corporall binding and the depriuing of any man of his temporall goods libertie or life let it be done by a spirituall or temporall power is still a temporall and not a spirituall punishment 18 If therefore these men as they make a shew in words will in very deede and sincerely grant what I affirmed and proued in that place they must needes confesse that the Pope by vertue of that commission which Christ gaue to Saint Peter and the other Apostles to binde and loose hath no authoritie to imprison men to bind them with corporall chaines to absolue or loose them from their temporall bonds debts or allegiance for that these are temporall and not spirituall bindings and loosings for what end or by what power soeuer they be done Neither did I contend in that place that the power and authority of the Apostles to binde and loose was not temporall but spirituall but onely that the bindings and loosings which were the effects of that power were onely spirituall and not temporall bindings and loosings See aboue a Cap. 5 sec 3. nu 10. sec more of these bonds to which the Ecclesiasticall power to binde and loose is by the ancient Fathers limited and restrained And heereby the Reader may easily perceiue that I had no great reason to confute in that briefe Admonition D. Schulckenius his Reply for as much as concerneth this point but it was sufficient to remit the Reader to my aforesaid answere seeing that D. Schulckenius saide nothing at all against it but cunningly flyed from the effects of the Apostles power to binde and loose which I there prooued to be onely spirituall and not temporall bonds to the power it selfe to binde and loose whereof I did not intend to dispute in that place knowing well that although the effects of that power had beene as they were not temporall bindings and loosings yet the power it selfe to binde and loose might for diuers reasons be called as Diuines doe call it a spirituall and not formally a temporall or ciuil power although as I said aboue b Cap. nu 7â— See also beneath cap. 12. nu 61. seq I thinke this question betwixt the Diuines and Canonists whether it be a spirituall or a temporall power to be more verball and of wordes then reall and of the thing it selfe And this may suffice for this point 19 Now before wee come to examine Fa. Parsons reason
Diocletian why can she not also vnder the persecution of the Turkes 37 Secondly neither is it true that I am destitute of Patrons and Doctours who maintaine that the Pope by his spirituall power cannot dispose of temporals or inflict temporall punishments as I haue shewed aboue in the first part where also I prooued that Ioannes Parisiensis doth no way fauour but flatly contradict Card. Bellarmines doctrine and also the very ashes of this Doctours booke if they could speake would giue sufficient testimony against him that this my doctrine is not altogether destitute of Patrons and Doctours But whereas this Doctour should haue prooued that the power to dispose of all temporals is necessary to the saluation of soules which Cardinall Bellarmine affirmed and I denied he flyeth from this reason to the authority of Doctours who affirme that the Pope hath power to dispose of temporals which is to runne vp and downe in a circle from intrinsecall grounds to extrinsecall from reason to authority and contrariwise and neuer to persist in any one medium or argument Wherefore whensoeuer any Author or my selfe do seeme to affirme or suppose that temporall things the disposing of them are in some cases necessary to the general good of the Church and to the saluation of soules it is not to be vnderstood of any absolute necessity but onely of some great conuenience or vtility for which in common speech wee oftentimes take necessity as it is well knowen to euery Logician who hath but read the beginning of Porphyries Introduction Cùm necessarium sit Chysaori c. Whereas it is necessarie o Chysaori c. In which case of necessity or great vtility temporall things are by the institution of Christ to be disposed of to a spirituall end by the temporall and ciuill power of Christian Princes and not by the spirituall power as he hath distinguished the acts offices and functions thereof from ciuill authority 38 But thou wilt say saith this Doctour o Pag. 355. that this power to dispose of temporals is not proportionate to the end of the Ecclesisticall power which is spirituall I answere first saith he that this power to dispose of temporals in the Pope is not formally temporall but formally spirituall and eminently temporall and therefore it is very well proportionate to a spirituall end But this is to declare the selfe same thing by it selfe for to haue vertually or eminently a temporal power is nothing else then to haue a power to dispose of temporall things or to doe all that which the temporall power can do which is the maine poynt which I vtterly deny and consequently affirme that according to the institution of Christ who hath left distinguished the acts functions and properties of the temporall power or Common-weath from them of the spirituall power or Church of Christ to dispose of temporall things and to inflict temporall punishments which are temporall and ciuill acts and punishments are not by the institution of Christ proportionate to the spiritual power and to the end thereof as it is by him distinguished from the ciuil power and the end obiects and acts thereof For as Christ our Sauiour hath instituted his Church a spirituall Kingdome or Common-wealth and distinguished her directiue and coerciue power and the acts and obiects thereof from the acts and obiects of the ciuill power or Common-wealth so also hath he assigned spirituall punishments as meanes proportionate to her coerciue or punishing power as temporal punishments are proportionate to the temporall coerciue power 39 Wherefore this Doctor knowing right well that I haue alwayes denied the Church of Christ to haue either formally or eminently temporall power giueth a second answere I answere secondly saith he p Pag. 356. that temporall goods and the power it selfe ouer temporall goods haue indeede no naturall proportion with spirituall but they haue a very great morall proportion which for the present is sufficient For temporall goods are spirituall instruments of good workes in which respect S. Peter calleth Almes other good works 1 Pet. 2. although corporall spirituales hostias spirituall sacrifices Wherfore as the spirit in man disposeth of corporall actions as Almes fastings chastising of the flesh and such like as they are necessary to the health of the soule hee might adde also to the health of the body so the Prince of the Church may in order to a spirituall end and if his similitude were good may likewise in order to a temporall end dispose of temporall goods which for the same reason that they are necessary to the obtaining of that end for the same reason they are said to be proportionate to the same end 40 But this answere I haue confuted aboue partly in the second part q Par. 2. cap. 8. where I haue shewed that this similitude of the soule and body doth manifestly impugne their doctrine and that the soule doth not dispose of any temporall action as Almes fasting whipping and such like but onely by way of command and also not without the actiue concurrance of some corporall organ and besides that if the similitude were good the Pope should haue power not only for spirituall good but also for temporall to depose temporall Princes to dispose of temporals and to inflict temporall punishments and partly aboue in the former Chapter r Num. 108. where Mr. Fitzherbert hath taken this answere verbatim from this Doctour For temporall goods to haue a morall proportion with spirituall and to be spirituall instruments of good or bad workes is nothing else then that they may concurre to vertuous or vicious actions and be the obiect of vertue or vice which therefore may be commanded or forbidden by the spirituall power as it is directiue which hath for her obiect vertue and vice But no morrall proportion reference or relation can alter the nature of temporall goods or puishments or make temporall goods to become spirituall goods and temporall punishments to become spirituall punishments and therefore no such morall proportion is sufficient to cause temporall goods to be disposed or temporall punishments to be inflicted by the spirituall power as it is coerciue whose acts and obiects are onely the disposing of spirituall goods and the inflicting of spirituall punishments for a spirituall end 41 Lastly to the consequence of Cardinal Bellarmines argument whereby he laboured to prooue that the power to vse and dispose of temporals is necessary to the spirituall end I answered thus ſ Apolog. nu 183. by denying his consequence Neither doth it follow from thence as Cardinall Bellarmine doth ill and contrary to himselfe inferre that otherwise wicked Princes may without punishment nourish heretickes and ouerthrow religion For the Church hath as we said power to punish them not indeed with ciuill or temporall but with Ecclesiasticall or spirituall punishments vnlesse perhaps Ecclesiasticall Censures are not woorthy to be reckoned among punishments whereas they are accounted by all men to be most sharpe
or good manners For what man can be so simple as to imagine that if those most Illustrious Cardinalls of the Inquisition could plainely haue shewed any one thing which either in the Oath or in any of my bookes is repugnant to saith or good manners wee should not haue heard it proclaimed by my Aduersaries with open mouth And what else is this I pray you but to contend that their assertions are like to the lawes of the Medes and Persians which are inuiolable and immutable 65 And this may suffice touching Fa. Parsons discourse which Mr. Fitzherbert might with more credite to himselfe and with more respect and reuerence to his old friend haue left vntouched seeing that hee hath brought nothing against that which I obiected against Fa. Parsons discourse to satisfie the Earle of Salisburies desire but cauelleth onely about trifles which make nothing to the defence of Fa. Parsons as that I did not in that briefe Admonition to the Reader confute D. Schulckenius booke written against mee and Cardinall Bellarmines booke written against D. Barclay and also the whole particular discourse which hee himselfe made in his Supplement to prooue the Oath vnlawfull and repugnant to all lawes humane and diuine but remitted the Reader to some things which more at large I declared in my Apologie to the end that he duely considering my answeres and their Replyes and also what Mr. Iohn Barclay had written in defence of his Father against Cardinall Bellarmine might giue his iudgement accordingly vntill I had time to make a more full answere to them all And therefore seeing that now I haue in this Treatise more fully confuted both Cardinall Bellarmine and D. Schulckenius if he bee another man and also Mr. Fitzherberts whole Reply which he hath patched together by the helpes of Cardinall Bellarmine or D. Schulckenius Fa. Suarez and Lessius wee shall see what a learned Reply hee will make to this my Treatise being destitute now of those helpes which hee had before of those mens writings and being left only to his owne wit and learning and to the aide which he can get from others of his Societie who are more expert in Schoole points then is himselfe whom all men know to haue little skill either in Philosophie or Schoole-Diuinitie And for a conclusion I wish the Reader to call to mind how hee imposeth vpon me heere two manifest falshoods the one that I affirme Fa. Parsons to suppose that Christ hath left to his Church not onely sufficient power and authoritie but also sufficient force might or effectuall meanes to represse at all times all excesses whatsoeuer of Christian Princes and the other that I quarrell with Father Parsons for teaching that the Church may impose temporall penalties which as you haue seene is very vntrue 66 Now let vs proceede to the examining of the rest of his Discourse After this saith he k Pag. 123. nu 23.24.25 Acts 5. 1 Cor. 5. Widdring in admoni nu 19. Widdrington taketh hold of two examples in my Supplement to wit the punishment of Ananias and Saphira and of the incestuous Corinthian which I alleaged to proue the power of the Church to inflict temporall penalties Whereof he saith thus Illa corporalis Ananiae Saphirae interfectio c. That corporall killing of Ananias and Saphira and the visible deliuery of the fornicatour to Sathan are to be referred to the grace of miracles neither will this Authour say as I thinke that the Pope hath power to kill wicked men and malefactours with the word of his mouth So he Whereto I answere that he trifleth no lesse in this then in his former answeres for albeit I will not say that the Pope hath power to kill with the word of his mouth that is to say to doe miracles yet I say he hath power to doe and ordaine those things in the Church which at their first institution were testified and confirmed by miracles 67 As for example I will not say that the Pope can giue the holy Ghost in some visible forme in the Sacrament of Baptisme and Confirmation as the holy Ghost was giuen in the Apostles time Acts 8. 10. yet I make no doubt but that the Pope may minister those Sacraments with the iuisible effect and fruite thereof which was visibly shewed and testified in the Apostles time by that miracle neither will I say that the Pope can deliuer a man to the visible possession of the Diuell to be bodily tormented as S. Paul did when he excommunicated the Corinthian 1 Cor. 5. and others neuerthelesse I say that if Widdrington doe not reforme and retract his pernicious doctrine the Pope both can See cap. 17. nu 23. seq Item Decretum Sacrae Cong and see them also there answered Chrys hom 15 in cap. 5. epist 1. ad Corinth Acts 5. Acts 12. 1 Cor. 5. Greg. hom 10. in Euang. and will ere it be long excommunicate him and deliuer him ouer to the inuisible power of the Diuell which effect was at the first ordinarily testified by the visible torments of the bodies of excommunicated persons vt castigaretur caro saith S. Chrysostome that their flesh might be chastised So as Widdrington may if it please him distinguish betwixt the miracles and that which was in the primatiue Church signified expressed and testified thereby 68 And therefore I say that for as much as it pleased God to testifie by the miraculous punishment of Ananias and Saphira and of Elymas the Magycian whom S. Paul stroke blinde and of the excommunicated Corinthian and others that the Church hath power as well ouer the body as ouer the soule it cannot with reason be denied but â—hat the power remaineth although the miraculous manner in the execution of it ceased when the Christian faith was once propagated and generally receiued because as S. Gregorie saith Signa data sunt fidelibus c. Signes or miracles are giuen or ordained for infidels and not for the faithfull 69 But it is Mr. Fitzherbert himselfe that trifleth no lesse in this then in his former answeres For the question here betwixt vs is not now whether the Pope hath an ordinary power granted him by Christ to inflict corporall and temporall punishments and to depriue the faithfull of their liues and dominions but whether from this miraculous fact of killing of Ananias and Sâ—phira at the word of S. Peter or from the miraculous deliuering of the incestuous Corinthian to Sathan to be coporally tormented by him that his soule might be saued or froÌ„ any other miraculous and extraordinary power which the Apostles had to inflict coporall punishments it can bee rightly concluded that the Pope hath an ordinary power to inflict also corporall punishments And whatsoeuer Mr. Fitzherbert saith I doe confidently auerro that it is a most vicious kinde of arguing from miraculous facts and from an extraordinary power which was graunted to the Apostles as they were Apostles at the first instituting of
the new law and abrogating of the olde to inflict corporall punishments to inferre that the Pope and other inferiour Bishops who succeeded the Apostles not as they were Apostles but as they were Bishops had an ordinary power to doe the like facts and to inflict the like corporall punishments But other arguments must be brought to prooue that the Prelates of the Church may now by their ordinary power doe those things which the Apostles at the first institution of the Church did by a miraculous and extraordinary power 70 For two powers were granted to the Apostles the one ordinary which should also descend to all their Successours who in that power are equall to the Apostles the other extraordinary wherein they did excell all the Prophets of the olde Testament For the Apostles were also Prophets as S. Peter prooueth by the authority of the Prophet Ioel against the Iewes who said that the Apostles were drunke Acts 2. And as well obserueth Abulensis they did excell the Prophets in many things Abulens q. 6. in Praefat. Mat. first in the manner of their Prophesie because God was ready to speake by the Apostles whensoeuer they would insomuch that they ought not to thinke what they should speake but the holy Ghost did immediately speake by them Math. 10. Luke 21. But it was not so in any Prophet of the Old Testament Secondly they did excell the Prophets in regard of the things which were reuealed because more high things were reuealed to the Apostles then were reuealed to the Prophets Thirdly they did also excell in regard of the miracles for they did wonderfull miracles not onely as great as Christ himselfe did but also greater as he said to Philip Iohn 14. Et maiora horum faciet The workes that I doe he also shall doe and greater then these shall he doe For it is read of S. Peter Acts 5. that when he passed through the streetes in Ierusalem they broughtforth the sicke into the streetes and laid them in beds and couches that when Peter came his shadow at the least might ouershadow any of them and they all might be deliuered from their infirmities which neuerthelesse wee doe not reade was euer done by Christ c. Fourthly the Apostles also did excell the Prophets for that they spake with all languages Acts 2. And this extraordinary power of the Apostles did not descend to all their Successours And therefore it is no good argument from an extraordinary and miraculous power which was granted to the Apostles to inflict corporall punishments to inferre an ordinary power in their Successours to inflict the same 71 Neither doe those examples which Mr. Fitzherbert bringeth of the miraculous manner of giuing the holy Ghost as it was giuen in the Apostles time in the Sacrament of Baptisme and Confirmation make any thing at all for his purpose for that these Sacraments had in the Apostles time commonly two effects annexed to them the one was ordinary to wit the giuing of inuisible grace which proceeded from their ordinary power and which therefore was to descend to their Successours the other Miraculous and extraordinary to wit the visible appearing of the holy Ghost in the persons baptized or confirmed and this proceeded from a miraculous and extraordinary power and which therefore was not to descend to all their Successours neither is it lawfull to conclude that the Pope can worke that visible effect by his ordinary power which the Apostles did by their miraculous and extraordinary power So likewise Excommunication had in the Apostles time commonly two effects the one ordinary which was that the person excommunicated was depriued of spirituall graces and benefits and of Ecclesiasticall communion and reputed as a Heathen and a Publican and this effect proceeded from ordinary power and which therefore was to bee deriued to all their Successours the other extraordinary and miraculous which was to be corporally afflicted by Sathan and this proceeded from the extordinary and miraculous power granted to the Apostles ouer all Diuels Luc. 9. which therefore was not to descend to all their Successours Wherfore we cannot well conclude that because the Apostles did inflict corporal punishments by their miraculous power therfore their Successors may inflict corporal punishments by an ordinary power but other reasons must be brought to prooue the same for it is apparant to euery Schoole-boy that the former consequence is starke naught 72 But these visible torments saith Mr. Fitzherbert did testifie that the excommunicated person was deliuered ouer to the inuisible power of the Deuil as Widdrington if he do not reforme his pernicious doctrine both can and will ere it be long be excommunicated by the Pope and deliuered ouer to the inuisible power of the Deuill which effect was at the first ordinarily testified by the visible torments of the bodies of excommunicated persons so as Widdrington may if it please him distinguish betwixt the miracles and that which was in the primitiue Church signified expressed and testified thereby And Mr. Fitzherbert may if it please him cleerely see that I haue distinguished betwixt these two and haue granted that the inuisible effect which was signified expressed and testified because it proceeded from the ordinary power which the Apostles had might bee done also by the ordinary power which was granted to the Apostles Successours but not the visible apparitions torments or punishments which did testifie the inuisible effect for that they proceeded not from the ordinary but from the extraordinary power of the Apostles And if his Holinesse shall excommunicate mee as this man threatneth without giuing mee any notice what pernicious doctrine I haue taught that I may reforme and retract it the excommunication will be more hurtfull to their soules that shall bee cause thereof then to mine according to that saying which Gratian l 11 q. 3. Illud plane doth attribute to Saint Augustine Illud plane non temere dixerim c. This plainly will I speake without rashnesse that if any of the faithfull shall bee excommunicated vniustly it will rather hurt him that doth then who suffereth this wrong and I shall comfort my selfe with those words of our Sauiour Beati qui persecutionem patiuntur propter iustitiam But truely I am fully perswaded that his Holinesse hath had now so sufficient experience to what exorbitant proceedings these bad informers haue drawne him that hee will heereafter bee more warie to proceed against mee in that strange manner as the most Illustrious Cardinals of the Inquisition haue proceeded against mee and my bookes at which all the world doth woonder 73 Wherefore when Mr. Fitzherbert saith that by the miraculous punishment of Ananias and Saphira and of Elymas c. it pleased God te testifie that the Church hath power as well ouer the body as ouer the soule and therefore it cannot with reason be denied but that the power remaineth although the miraculous manner in the execution of it ceased when the Christian faith was generally
receiued if he meane that those miraculous punishments did testifie an ordinary power to bee in the Church that is in spirituall Pastours to inflict punishments as well vpon the bodie as vpon the soule this he must proue by some other reason then by his bare I say to which in very truth knowing his insufficiency in Theologicall learning I giue but little credit therefore with the same facility I deny it as he saith it for it is the maine questioÌ„ betwixt vs whether the Church hath any such ordinarie power or no But if hee meane that those miraculous punishments did signifie and testifie a miraculous and extraordinarie power to bee in the spirituall Pastours of the Church in the Apostles time to inflict in some sort temporall punishments as well vpon the body as vpon the soule then I willingly grant his I say but withall dcny that either the power it selfe it being extraordinary and miraculous or the effects and execution thereof which also were miraculous should afterwards remaine in the Church when the faith was once propagated and generally receiued according to that saying of Saint Gregory Signes or miracles were giuen for Infidels not for the faithfull I said to inflict in some sort temporall punishments for as well obserueth Abulensis Abul q. 96. in c. 20. Matth. the punishment which Saint Peter inflicted vpon Ananias and Saphira was onely by the way of prediction whereupon hee was not as a Iudge or executioner of Christ but as a Prophet and the punishment inflicted by Saint Paul was by way of prayer and intercession whereupon it was not any vse of Iurisdiction but of a miracle because the Deuils are not subiect to the commaund of men and so neither of them did exercise the vse of coerciue temporall power 74 And by this also that which Mr. Fitzherbert immediately addeth is easily answered Besides that saith he it is to be considered for the further explication of this point that although the punishments were miraculous and extraordinary for the manner of them yet if we consider the punishments themselues the Apostles exercised therein their ordinary and Apostolicall Iurisdiction as being the ordinary Iudges to whom the chastisement of spirituall offences appertained which is euident in the punishment of the incestuous Corinthian by the formall and iudiciall sentence pronounced by the Apostle saying 1. Cor. 5. Ego quidem absens c. I indeede absent in body but present in spirit haue already iudged as present him that hath so done in the name of our Lord Iesus you being gathered together and my spirit with the vertue of our Lord Iesus to deliuer such a one to Sathan for the destruction of the flesh that the spirit may be saued in the day of our Lord Iesus Christ Thus did the Apostle fulminate his terrible sentence of Excommunication shewing and exercising his Apostolicall authoritie And the same is also to bee vnderstood concerning the corporall punishment of Ananias and Saphara S. Chrysost in hunc locum in wich respect Saint Chrysostome saith That Petrus faciebat terribile iudicium Peter executed a terrible iudgement vpon them and Saint Hierome saith that merûere sententiam Apostoli S. Hieron epist 150. ad Hedibiani q. 2. in fine Apud August l. 3. c. 16. They deserued the sentence of the Apostle and the Authour of the booke De mirabilibus Scripturae amonst Saint Augustines workes saith that Petrus ligauit c. Peter did bind Ananias and his wife with the bond of death vt authoritas Apostolica quanta esset ostenderetur that it might appeare how great was the Apostolicall authoritie Thus Mr. Fitzherbert 75 But I neuer denyed that the Apostles were ordinary Iudges to whom the chastisement of spirituall offences appertained but that which I deny is that by these miraculous punishments of Ananias and Saphira and the incestuous Corinthian or such like it can bee prooued that the Apostles were ordinary Iudges to inflict temporall punishments for spirituall offences or that they exercised therein I doe not say their Apostolicall Bell. l. 1. de Rom. Pont. c. 9. but their ordinary power and Iurisdiction for the Apostles had two powers one ordinary and which should descend to their Successours the other extrordinary or delegate which therefore should not descend neither is it lawfull from the punishments which they inflicted by their extraordinarie power to inferre that they did or might inflict the like punishments by their ordinary power this I say cannot be prooued by any miraculous fact or punishment which the Apostles inflicted by their extraordinary and delegate power And therefore although the Apostle in pronouncing his terrible sentence of Excommunication against the incestuous Corinthian shewed and exercised his ordinary Apostolicall power forasmuch as concerned the deliuering him ouer to the inuisible power of Sathan yet forasmuch as concerned the deliuering him ouer to the visible power of Sathan that is to bee visibly tormented by him the Apostle did not vse his ordinary Apostolicall but his extraordinary Apostolicall power And the same is also to be vnderstood touching the corporall punishment of Ananias and Saphira to wit that Saint Peter vsed therein his extraordinary Apostolicall power as I obserued aboue out of Abulensis 76 Neither doe S. Chrysostome S. Hierome or S. Augustine say any thing contrary to this For all that can be gathered from their wordes is onely this that the iudgement of S. Peter was terrible and that they deserued the sentence of the Apostle and that the binding of Ananias and Saphira with the bond of death did proceed from Apostolicall authority but that this their sentence iudgement and the binding of them with the bond of death did proceed from ordinary Apostolicall authority this cannot any way be gathered from the words of those holy Fathers but rather the flat contrary Chrys hom 12 in Act. For S. Chrysostome doth attribute their punishment to a great miracle both in regard Saint Peter knew their thoughts and what they had done priuily and also for that hee killed them by the commandement of his word And Saint Hierome Hieron epist 8 ad Demetriad although he deny that Saint Peter commanded or desired their death yet he attributeth that sentence of the Apostle to a miracle and to the spirit of Prophecie The Apostle Saint Peter saith he doth not wish their death as foolish Porphyrie doth calumniate but with a propheticall spirit he foretold the iudgement of God that the punishment of two might bee a doctrine to many So likewise the Author de mirabilibus S. Scripturae doth attribute their punishment to a miracle and to the Apostolicall virtue of Christ and to the same power whereby hee raised Tabitha from death which words Mr. Fitzherbert was willing to conceale August serm 204. de tempore quâ—est sermo 3. in Dom. 4. post Trinit 4. Reg. 2. And Saint Augustine himselfe compareth this fact of Saint Peter to that of Helizaeus at whose
prayer or curse two beares came forth of the forrest and tore fourtie two boyes that mocked him saying Come vp balde head come vp balde head Wherefore Mr. Fitzherbert may distinguish if it please him betwixt the ordinary and extraordinary power of the Apostles and cleerely see that from the facts and punishments which the Apostles exercised by their extraordinary delegate miraculous power which therefore doth not descend to their Successours it is not lawfull to argue that the Apostles by their ordinary power might do the same or that their successors haue therfore power to inflict the like punishments 77 But heere saith Mr. Fitzherbert m Pag. 125. nu 28. perhaps Widdrinton will say that if Saint Peter exercied his Apostolicall power and iurisdiction therein it followeth that the Pope or other Ecclesiasticall Iudges may also giue sentence of death yea execute vpon such as deserue it which is contrary to the custome and Canons of the Church Whereto I answere that for as much as that time there were no Christian Princes or Magistrates to do iustice in that kind and that it was necessary in the beginning to inflict such an exemplar punishment vpon those two hypocrites for the terrour of other Saint Peter thought good to performe it himselfe although afterwards when Christian Religion was further propagated and Christian Princes held it for an honour to them to serue God and his Church with their temporall lawes and power the Church thought it needlesse to inflict bloodie penalties not because it might not doe it if it would but because it seemed more decent and conuenient for lenitie of a pious Mother to abstaine from the same and to vse more milde and lesse rigorous punishments in which respect the Church hath alwayes retained the vse of some temporall and corporall chastisements although she haue restrained her Ministers by Canons and constitutions from the effusion of blood remitting the iudgement and execution thereof wholy to the secular Magistrates who haue by their lawes sufficiently prouided for the execution of iustice in that kind 78 But first without perhaps I doe say and haue euidently conuinced not from those miraculous facts of the Apostles but from the doctrine and grounds of Cardinall Bellarmine and others who mainetaine the Popes power to depose Princes and to dispose of all their temporalls that the Pope by the institution of Christ hath authoritie also to kill wicked Princes by all those wayes publike or priuate by which temporall Princes haue authoritie to depriue their subiects of their liues as I haue insinuated aboue in this Treatise n Cha. 3 nu 15 and 16. and chap. 5. sec 2 nu 9 seq and prooued at large in my Apologie o Apolog nu â—3 seq to which D. Schulkenius answereth onely with a transcat let it passe as not belonging to the matter and Mr. Fitzherbert both in other places of this his Reply and also heere by these words not because it might not doe it if it would doth expressely acknowledge as much although forsooth he will not meddle with the liues of Princes to auoid enuy and yet he feareth not to say p Chap 2. nu 15.16 That the Pope can take away my life and the liues of all Christians Now what a scandalous doctrine this is and what feares and iealousies of continuall treasons inhumaine gun-powder plots and bloodie Assassinates against their Royall persons those Christian Princes especially who dissent from the Catholike Romane Religion may iustly conceiue thereby I haue sufficiently prooued in my Appendix against Fa. Suarez q Part. 1. sec 9 nu 5. seq where also I haue cleerely conuinced that this pretence of Ecclesiasticall lenitie and the clemencie of a Pious mother which onely for mildnesse sake as they pretend and not by any obligation doth not vse such rigorous punishments is a meere shift and cloake to dazell the eyes of the simple and vnlearned Catholikes For as it is no clemencie but a plaine crueltie for a mother not to cut off one member of her beloued child when it is in danger to infect and kill the whole body so also the Pope should bee cruell to the Church of God not to cut off an hereticall Prince that is in danger to infect the other members of the Church if we once suppose this scandalous damnable doctrin that the Pope hath power in order to spirituall good to dispose of all the temporals both of Christian Princes subiects as temporall Princes haue in order to temporal good authority to dispose of al the temporal corporal goods of their subiects 79 Secondly it is not true that the Church hath alwayes retained the vse of some temporall and corporall chastisements except onely by way of commaund whereof I neuer made doubt As also that reason which my Aduersary heere bringeth why the Church now since Christian Religion hath beene further propagated and Christian Princes haue held it for an honour to them to serue God and his Church with their temporall lawes thought it needlesse to inflict bloody punishments especially vpon wicked and disobedient Princes for that by their lawes they haue sufficiently prouided for the execution of iustice in that kind is very weake and insufficient because although Christian Princes haue sufficiently prouiued for the execution of iustice with bloodie punishments against their subiects yet they haue no way prouided for the execution of iustice in this kind against themselues and therefore if Christian Princes themselues become heretikes and seeke to draw their subiects to their heresie neither Ecclesiasticall lenitie nor the reason that my Aduersarie heere hath brought why the Church now thought it needlesse to inflict bloodie penalties can be any hinderance why the Pope may not proceed against them with bloody punishments if we once suppose that he hath power and authoritie so to do But the true ancient doctrine is that a Priest as he is a Priest is forbidden by the law of Christ to vse See aboue part 2. cap. 9. and not onely is counselled for decencie sake not to vse the material or temporal sword 80 But now Mr. Fitzherbert for the vpshot and conclusion of this Chapter will cleerely prooue by an argument which no man forsooth of iudgement can denie that the supreme spirituall Pastour hath power to punish his sheepe or subiects not onely in their soules but also in their bodies and goods And truely I cannot but wonder saith hee r Pag. 126. nu 29.30 that any man of iudgement can thinke it vnlawfull for the supreme spirituall Pastour to punish his sheepe or subiects in their bodies or goods seeing that it cannot be denied but that he is their Pastour and superiour in regard not onely of their soules but also of their bodies that is to say of their whole persons wherein their bodie is necessarily included and therefore for as much as euery man is bound to serue God no lesse with his body then
or spirituall punishments Wherefore neither from the superiority or authority which spirituall Pastours haue to direct or commaund the persons of their spirituall subiects nor from the authority which temporall Princes haue to direct or command the persons of their temporall subiects can we rightly conclude what authority either spirituall Pastours or temporall Princes haue to punish the soule or the body or which is all one to inflict spirituall or temporall punishments for that the soule and not the body is principally subiect to the directiue or commanding power So that by this manner of arguing from the directiue power to the coerciue it may rather be concluded that temporall Princes may punish the soule for that they haue power to command the soule rather then that spirituall Pastours may punish the body for that they haue not power to commaund the body which being an vnreasonable creature is not subiect to any externall commaundement But what coerciue authority either spirituall Pastours or temporall Princes haue to punish the body or soule wee must gather from the institution of Christ to wit whether Christ our Sauiour hath giuen authority to spirituall Pastours to inflict onely spirituall punishments and consequently to punish onely the soule and to temporall Princes to inflict onely corporall and temporall punishments and consequently to punish onely the body and not the soule but onely by consequence as being grieued when the body either in it selfe or in some temporall things annexed therunto is punished So that the maine question notwithstanding Mr. Fitzherberts argument still remaineth a foote to wit whether Christ our Sauiour hath giuen to spirituall Pastours authority to inflict onely spirituall or also temporall punishments neither can this question bee decided by any argument grounded vpon naturall reason but only vpon the holy Scriptures wherein the institution and law of Christ is contained 85 And although the holy Scriptures doe expressely testifie that the Apostles did in some sort punish to wit as Abulensis before t Nu. 73. declared by way of prediction or deprecation not onely Christians but also infidels in their bodies as S. Paul foretold the blindnes of Elymas the Magician S. Peter the death of Ananias and Saphira yet because this was done by them miraculously and by that extraordinary power which they had giuen them by Christ which therefore was not of necessity to descend to their Successours we cannot deduce a good argument from thence that therefore spirituall Pastours haue now an ordinary power to inflict the same punishments but onely that they may inflict them in that manner and by that power wherewith the Apostles did to wit by miracle in which case I will not deny but that if perhaps any holy Pope or Bishop haue the grace of miracles he may by prophecie foretell or by prayer obtaine that such a wicked Prince whether he be Christian or Heathen shall by God the Angels or the Deuill bee depriued of his life and kingdome Neither doth reason teach vs that because Saint Peter and the Apostles had so ample and extraordinary Apostolicall power to inflict corporall punishments therefore the Pope and the Apostles Successours should haue an ordinary power to inflict the same For as Christ gaue to the Apostles such an extraordinary and transcendent power so he gaue them an extraordinary grace and vnderstanding that they should not either bee puft vp with pride by reason of so great a power or at any time abuse the same in preiudice of themselues or others which extraordinary grace vnderstanding Christ gaue not to all future Popes and Bishops Wherefore seeing that this plenitude of Ecclesiasticall power to depose Kings and to dispose of all temporalls supposing the humane fragilitie of Popes who therein are like to other men might be occasion to vse Almaines words u Almain de potest â—cces Lâ—â—ca q. 1. c. 9. for the Popes to be puffed vp with exceeding great pride and might also be very hurtfull to subiects there is no likelihood that Christ gaue him such a power 86 Neither doe I make any doubt that either Christian Princes or people would bee any way grieued but rather very glad that the Pope should haue so ample a power and authoritie ouer their bodies and goods if they were assured that he were so confirmed in grace and enlightned with supernaturall knowledge as the Apostles were that hee should alwayes in very deed vse it to the good of their soules and neuer abuse it to the great preiudice of them and their subiects But seeing that Popes are as other men subiect to all humane infirmities and may not onely be tempted but also ouercome with ire enuy hatred flattery and a vehement desire to encrease their temporall States and Dominions no maruaile that Soueraigne Princes who euer haue beene accounted supreme in temporals and therein inferiour onely to God cannot take it well to bee made now subiect to the Pope in temporals vnlesse sufficient reason bee brought to prooue the same And this I hope may suffice for the confutation of all that Mr. Fitzherbert hath replied concerning the law of GOD and Nature and therefore I will now briefly examine what hee saith concerning the law of Nations and the Ciuill or Imperiall law which shall be the subiect of the next Chapter CHAP. VIII VVherein M. Fitzherberts arguments taken from the Law of Nations and the Ciuill Law are answered and first the difference betwixt the Priests of the olde and New Testament and the Priests of other Nations and also betwixt the Law of Nations and of Nature is declared and from thence proued that among all Nations the Ciuill Common-wealth was supreame and disposed of all things both spirituall and temporall and punished all persons both Priestes and others with temporall punishments and consequently that the new Oath cannot bee impugned by the Law of Nations and lastly what Maister Fitzherbert obiecteth from the Ciuill Law is confuted 1. IT is a vsuall tricke of Mr. Fitzherbert as you haue seene in the former Chapters and also shall see in this and the rest then most of all to bragge when hee hath least cause and when any answere of mine is most sound and sufficient then to crie out that it is improbable impertinent absurd friuolous foolish idle or ridiculous Hee pretended to prooue in his Supplement by the law of Nations that the new Oath is vnlawfull in regard it denyeth the Popes power to excommunicate and depose temporall Princes not for that hee thought it otherwise needefull hauing as hee saith prooued already but how insufficiently you haue seene that the Oath is contrarie to the law of God and Nature but to satisfie the importunitie of his Aduersarie and to giue his Reader an aboundant satisfaction because as the Lawyers say abundans cautela non nocet a prouiso too much neuer hurteth And to all the arguments he brought from the law of Nations and the Ciuill law I gaue this briefe answere as heere hee
setteth it downe 2 Septimò ex iure Gentium nihil aliud probat hic Author c. Seuenthly this Authour prooueth nothing else by the law of Nations but that all people euer held Religion in the highest price or esteeme and preferred it before policie but that the Priests of the Gentiles had power as they were Priests to punish any man with death or the depriuation of all his goods it did not proceede from the law of Nature granting them such an authoritie but from the municipall lawes of the Gentiles Pro domo sua the which Cicero whom this Authour citeth doth most manifestly confirme saying that it was diuinely inuented and ordained by the ancient Romans that their Bishops should haue the chiefe command both in matters belonging to the Common-wealth and to the religion of the immortall Gods And as for the Ciuill law this Authour onely confirmeth by it that the Bishop of Rome is the supreame Gouernour of the Church in spirituall things Thus I answered in that briefe Admonition 3 Now Mr. Fitzherbert to this my Answere maketh as you shall see no other Reply then that which I did fully satisfie aboue in the sixt Chapter when I treated of the law of Nature and therefore it were needelesse to set downe heere his wordes verbatim but that otherwise hee would take occasion to bragge after his accustomed manner that I haue concealed and dissembled his strongest arguments Obserue therefore well what hee saith But if thou hast saith hee a ip 129. nu 2.3 well noted good Reader what was the effect and substance of my discourse concerning the law of Nature thou wilt easily discouer the weakenesse of this answere For whereas hee would prooue by Cicero his wordes alleadged by me that the authoritie of the Pagan Priests to punish the supreame Secular Magistrates with death or depriuation of goods proceeded not from the law of Nature but from the municipall lawes of the Gentiles I must desire him to call to minde what was my inference vpon the wordes of Cicero and the examples by mee alleadged to wit that this law and custome amongst the Romans had no other ground in their opinion but the Law of Nature because they hauing no other light to guide them but the light of reason held it to bee most conforme to Nature that religion should bee preferred before policie and temporall things subordinate to spirituall by the same reason that things lesse perfect are inferiour to the more perfect the body to the soule earthly things to heauenly men to Angels and the like 4 So albeit I doe not deny but that their custome proceeded from their municipall law yet it doeth not follow thereon that it did not also proceede from the Law of Nature but rather the contrarie because their municipall law in that point had no other ground but the Law of Nature which moued them to make that Law For although the Law of Nature could not teach them the mysteries of Christian Religion nor in what manner GOD was to be worshipped and serued in which respect they both might and did erre in those things which pertained to particular points of religion as also other Nations did which had not the light of grace yet not onely they but also all other Nations being enlightned by nature agreed in certaine generall principles touching religion as concerning the necessitie and dignitie thereof and that all humane actions ought to bee leuelled and referred thereto as to their end whereupon necessarily followed the subordination and subiection of temporall things to spirituall and of the Ciuill or politicall Societie to the Religious in matters that touch religion and all this I explicated further in my Supplement when I treated of the law of Nations in particular in these words Thus Mr. Fitzherbert 5 Whereby first of all you may easily see that all the proofes hee bringeth from the law of Nations he reduceth to the law of nature and that therefore what I said in the sixt Chapter concerning the law of nature doth fully satisfie all that hee saith heere concerning the law of nations And secondly you may see what a prettie circle hee maketh and how cunningly he would prooue the same by the same For in his sixt Chapter hee pretended to prooue that the authoritie of Pagan Priests to punish temporally the supreame Ciuill Magistrate did proceede from the law of nature for that it proceeded from the custome and law of all Nations and now heere hee prooueth that this their authoritie did proceede from the custome and law of all Nations for that it proceeded from the law of nature by which kinde of arguing hee prooueth in very deede idem per seipsum the same thing by the very same 6 Seeing therefore that all hee saith heere is a meere repetition of that hee said in his sixt Chapter I will also reduce into a briefe compendium what I answered there that the Reader may thereby cleerely see that hee hath no way satisfied albeit hee pretend to haue giuen an aboundant satisfaction to that which I answered in my briefe Admonition as well concerning the law of Nations as Nature And to take away all equiuocation and ambiguitie of wordes although the law of nature doth properly signifie the light of naturall reason teaching or prescribing some thing of necessitie to bee done or omitted or which is all one commanding some thing to bee done or not to bee done for that euery law being taken properly doth intrinsecally include some precept or commandement neuerthelesse wee doe not now take the law of nature in this proper and strict sense but more generally for the light of naturall reason not onely as it commandeth or forbiddeth but also as it giueth granteth teacheth or prescribeth any thing abstracting from all positiue lawes grants and ordinances of God or man So that euery right power or authoritie which the light of naturall reason abstracting from the positiue ordinances of God or man teacheth to bee due or belong to any man is said to belong to him by the law of Nature as the right which euery man hath to defend himselfe and his goods although it bee with the death of the inuader is giuen him by the law of nature Likewise the power and authoritie which the Ciuill common-wealth hath ouer euery member thereof supposing the vnion of men in one Ciuill Societie is granted by the law of nature for that the light of naturall reason abstracting from all positiue lawes or graunts of GOD or man doeth teach and ordaine the same 7 Now to the point and to the inference which Mr. Fitzherbert made vpon the wordes of Cicero and the examples by him alleadged first I did willingly grant that the light of naturall reason doeth teach vs that Religion is to bee preferred before pollicie and temporall things are in perfection subordinate to spirituall by the same reason that things lesse perfect are inferiour to the more perfect the body to the soule
earthly things to heauenly men to Angels and the like and that therefore when there are two things concurring and commanded to bee done whereof the one concerneth religion the othe pollicie the one spirituall things the other temporall the one concerneth the soule the other the body wee must preferre caeteris paribus that which concerneth religion before that which concerneth pollicie and that which concerneth spirituall things before that which concerneth temporall and that which concerneth the soule before that which concerneth the body and this the light of true naturall reason doeth teach vs. 8 But what of all this will hee conclude from hence that because Religious Priests are in perfection and nobilitie superiour to temporall Princes by the same reason that policie is in perfection inferiour to Religion therefore the light of naturall reason doeth teach vs that Religious Priests may punish temporally temporall Princes and are superiour to them in temporall authoritie This is a very vicious consequence and by the like argument wee may conclude that because Angels are superiour to men in perfection and excellencie of substance knowledge and naturall strength therefore they are also superiour to men in authoritie and commaund and that men are bound by force of obedience to doe what the Angells shall prescribe which no Diuine will grant vnlesse they bee sent by GOD as his messengers and ministers And likewise wee may conclude that hee who hath one of the liberall sciences is by the law of nature superiour in authoritie to euery trades man by the same reason that things lesse perfect are inferiour to the more perfect and euery seruile trade is subiect and inferiour in perfection to euery one of the liberall arts and yet whosoeuer should argue from the law of nature in this manner would bee esteemed to bee in this point no lesse then a very naturall for that from the law of nature the light of naturall reason we can only conclude that in what degree of superiority one thing is superiour to another in the like degree of subiection this is subiect and subordinate to that and that therefore temporall things are subiect to spirituall in dignity and perfection because these are superiour to them herein but to transcend from one kind of superiority to another and from superiority in perfection dignity to argue a superiority in command and authority or from a superiority in spirituals to argue a superiority in meere temporall things is contrary to the light and prescript of true naturall reason 9 Secondly I did also graunt that all Nations being enlightened by Nature did agree in certaine generall principles touching Religion as concerning the necessity and dignity thereof and that all humane actions ought to be leuelled and directed by the square and rule of Religion and referred thereto as to the end of man although not to the intrinsecall end of the actions themselues as I declared aboue in the second part whereupon doth necessarily follow a subordination and subiection of temporall things to spirituall also of the ciuill Society to the religious in dignity and perfection But it doth not follow from the law of nature or the light of naturall reason that the religious Society as it is distinguished from the ciuill should haue power and authority to command and much lesse to punish especially with temporall punishments the ciuill Societie And the reason hereof I alleaged in that place out of the doctrine of Abulensis b Cap. 6. nu 35. 10 Because euery man liuing according to the law of nature and the light of naturall reason may be considered either as liuing by himselfe alone or else as liuing with other men in ciuill Society If hee bee considered as liuing by himselfe alone what power soeuer hee hath either concerning temporals or spirituals concerning his body or soule is in himselfe alone so that he hath neither power to command or punish but himselfe alone and in this manner euery man is a Priest and by the law of nature hath authority to worship God and to sacrifice to him in all places and at all times and with all kinde of Sacrifices which the prescript of true reason doth not teach to be vnlawfull for that the law of nature or the light of naturall reason doth not limit or determine to a man as liuing by himselfe alone any certaine time place or maner of worshipping God and doing sacrifice to him But if a man be considered as hee is a part and member of some ciuill Societie or Common-wealth then no priuate man but the Common-wealth it selfe or the supreame Gouernour thereof hath by the law of nature and prescript of naturall reason all authority to command dispose ordaine and punish as well concerning religious as ciuill affaires So that in this manner the Common-wealth it selfe or the supreame Gouernour thereof is the publike Priest and none hath authority to offer Sacrifice to God or to worship him in any publike manner and as a publike person but the Common-wealth it selfe or those whom in her place she shall appoint neither can any priuate or particular man haue any publike authority to command ordaine or punish for matters belonging to the worshipping of God but that which the ciuill Common-wealth is pleased to grant him 11 Wherefore there is a great difference as I noted in that place betwixt the Priests and the Religious Society in the law of nature before any positiue law of God was published and the Priests and religious Society in the olde and new Testament For in the law of nature there were not two distinct and independent Societies the one Religious the other Ciuill but the ciuill Society had all power and authority to command and dispose as well concerning the publike seruice of God as concerning ciuill gouernment neither did the law of nature determine or appoint any certaine men who should be Priests and should haue full authority to commaund and dispose of those things which belonged to the publike seruice of God but this authority was in the Common-wealth it selfe which appointed certaine men to be the publike ministers as well concerning the publike worshipping of God with religious rites and ceremonies as concerning the ciuill gouernment of the Common-wealth neither had these publike ministers any more authority or command then the Common-wealth did giue them so that it was in the power of the Common-wealth to extend diminish or quite take away the power authority command and priuiledges which by her authority were granted vnto them But since the positiue law of God was written the religious and ciuill Societie are two totall and independent Common-wealths neither hath the ciuill Common-wealth or the supreame Gouernours thereof any authority to determine matters concerning religion and the publike seruice of Almighty God for that hee himselfe hath appointed those that shall be publike Ministers in matters belonging to Religion to wit in the olde Testament the sonnes of Aaron and who by naturall propagation should
doers but those also that consent to them And a little beneath And these are not to be admitted to the accusing of any man nor the word of thē or of excommunicated persons can hurt or accuse any man 49 But this authority of Pope Calixtus and all other such like as of Pope Anacletus Pope Pius and others related by Gratian 3. q. 4. are easily answered For as there are two sorts of Lawes Courts or Tribunals the spirituall the temporall so also there are two sorts of infamie as infamie is taken for a penalty ordained by the law f Vide Siluest verbo infamia Greg. Tholo in Syntag Iuris lib. 31. cap. 29. num 7. and other Doctors Cod. ex quibus causis infamia irrogatur ff de ijs qui notantur infamiae the one is called infamia iuris Canonica infamie of the spirituall Court by vertue whereof the person made infamous is depriued and made incapable of spirituall dignities and his word or testimonie is of no force to hurt any man in this spirituall Court and for as much as concerneth spirituall dignities punishments or Censures and of this infamy the aforesaid decree of Callixtus and all other Ecclesiasticall Canons made by spirituall authority wherein the penalty of infamie is inflicted are to be vnderstood The other infamie is ordained by the Ciuill law and is called by the Lawyers infamia iuris Ciuilis infamie of the Ciuill law or Court by vertue of which the person made infamous is depriued or made incapable of Secular dignities and his testimonie is not admitted to hurt any man in the Ciuill and criminall Court and for as much as concerneth temporal dignities and temporal punishments And of this ciuill infamie the words of Pope Calixtus are not to be vnderstood Neither can any man be so senselesse as to conceiue that the Popes of the primitiue Church declaring those to be infamous and not to bee admitted to accuse or giue testimony against any man who did forsake the Christian Religion became Apostataes and made conspiracies against Bishops and excommunicated persons did intend to make them incapable of Secular dignities and not to be admitted to accuse or giue testimonie in the Secular Court wherein the Popes themselues and all Christians were punished and persecuted for Christian Religion and Apostataes and accusers of Bishops were rewarded 50 The second conuincing proofe that the Popes of the primitiue Church in the time of the Pagan Emperours did not onely command but also ordaine temporall punishments Mr. Fitzherbert bringeth from the authority of Pope Vrbanus g Epist Vrbani tom 1. Concil 17. q. 4. can Attendendum est And his Successour Vrbanus saith he h Pa. 161. nu 9 ordained in like sort the penaltie of infamy adding also imprisonment and perpetuall banishment for such as should goe about to vexe and molest Churches and to depriue them of their goods and possessions But this proofe is as insufficient as the former First for that this Epistle of Vrbanus is not authentical but counterfait and falsly imposed vpon Pope Vrbanus as may euidently appeare by the subscriptions of the Consulls to wit of Antoninus and Alexander whereas it is euident as Baronius i Adamū 224 and other Historiographers doe witnesse that Antoninus was slaine in the fourth yeere of Pope Callixtus in the yeere of our Lord 224. two yeeres before Vrbanus was created Pope 51 Secondly for that it is also euident that the whole Canon Attendendum wherein the penaltie of infamy imprisonment and of perpetuall banishment is ordained as it is set downe 17. q. 4. by Gratian hath beene thrust in by some one or other to this Epistle for that it hath no coherence at all with the words of the Epistle which immediately follow wherein the reason of this decree is giuen whereas if the whole Canon Attendendum be left out the sense is perfect and the reason there alledged very apt and sufficient For what coherence I pray you is there betwixt these words of this Canon that if any man molest Churches he shall be condemned of perpetuall infamy and hee imprisoned and banished for euer with these words which in the Epistle immediately follow because we ought according to the Apostle to deliuer such a man to Sathan that the spirit may bee safe in the day of our Lord c. Which neuerthelesse is a very fit reason of that which immediately goeth before this whole Canon Attendendum to wit that Church-goods ought not to be taken away by any man and applied to prophane vses least they incurre the punishment and death of Ananias and Saphira and which is worse bee made Anathema maranatha and if they shall not fall dead in body as Ananias and Saphira did yet there soule which is of more worth then the body doth fall dead and be separated from the company of the faithfull and doth slide into the deepe pit of hell because according to the Apostle wee ought to deliuer such a man to Sathan c. which wordes as you see haue a perfect sense and giue a very fit reason of the former words if the whole Canon Attendendum be left out and with it there is no sense and coherence of the words at all 52 Thirdly what man can be so simple as to imagine that either Pope Vrbanus or any other Pope of the primitiue Church in the time of the Pagan Emperours when not onely the goods of the Church were prophaned taken away and spoyled but also the Christians themselues imprisoned banished and put to cruell death would make a Decree that whosoeuer did take away or prophane the goods of Churches should be committed to prison or perpetually banished euen as if Mr. Arch-Priest should now make a decree that whatsoeuer Catholike shall take the oath of allegiance or repaire to Protestant Churches shall be imprisoned or perpetually banished and yet these in my Aduersaries iudgement are forsooth conuincing proofes Neuerthelesse this punishment of infamy is to be vnderstood as I shewed before of spirituall infamy to wit forasmuch as concerneth the spirituall Court and the penaltie of perpetuall banishment is to bee vnderstood of spirituall banishment or of banishment from the Church as it is expresly affirmed in the decree of his Predecessour Pope Callixtus And therefore Mr. Fitzherbert may vse some fraud in vrging from the decree of Pope Vrbanus the penaltie of banishment and in concealing the said penaltie in the decree of his Predecessour Pope Callixtus who in expresse words made mention of banishment from the Church 53 The third conuincing proofe Mr. Fitzherbert taketh from the authority of a Prouinciall Councell k pag. 162. nu 9 held at Eliberis l De Consecrat dist 1. can Omnis homo in Spaine in the time of Constantius father to Constantine the great Galerius which enacted that men should abstaine from their wiues not only some daies before they receiued the B. Sacrament m Barchard l.
temporall Princes impose enioyne or command temporall and corporall penalties afflictions and punishments and in this sense ordaine and depose of them For thus he writeth 59 Heereto may be added saith hee q Pag. 162. nu 10. 11. the Constitution of the Apostles themselues in their Councell held at Hierusalem wherein they imposed vpon the Christians a burden as they called it whereof part was meerely temporall to wit to abstaine from blood and that which was strangled Act. 15. Visum est say they Spiritui sancto nobis c. It hath seemed good to the holy Ghost and vs to lay no further burthen vpon you then these necessary things that you abstaine from things immolated to Idolls and blood and that which is strangled and fornication Thus said they in their Canon disposing as you see of a temporall thing by their owne Apostolicall authoritie without any hope or expectation of the consent or ratification of any temporall Magistrate as they also did the like in the institution of Lent which as all the Fathers doe acknowledge is an Apostolicall tradition and consisteth in a meere temporall affliction and the like may be said not onely of all the examples alledged by mee before r See c. 2. nu 2 3. 4. concerning the practise of the Apostles partly in Å¿ Act 5.6 13 corporall punishments and partly in the disposition t 1. Cor. 6. of temporall things but also of the custome of the primitiue Church to impose corporall penances u Cypr. epist 10 ad Clerum Tertul. de paenit cap. 10. consisting in fasting watching wearing of haire-cloth and such like which albeit they were temporall things yet were imposed by the Church vpon her children by her owne authority though alwayes for a spirituall end to wit for the good of soules and Gods greater glory and seruice 60 Whereupon it followeth that the Church may also now in like manner dispose of temporall things to the same end by her owne authority without demanding the consent or ratification of any temporall Prince for no sufficient reason can bee assigned why the Church could doe it then and not now neither yet why it may for a spirituall end punish a man temporally in his body by some corporall affliction and in his honour by infamy and not in his temporall goods and state especially seeing that all temporall goods are inferiour to the body and both body and goods ordained for the seruice of the soule and for spirituall ends Whereupon I say it followeth euidently that the consent of temporall Princes is altogether needlesse to the validitie of Ecclesiasticall Constitutions concerning temporall things albeit the Church hath alwaies vsed to auaile her selfe of their authoritie and power for the execution of all her Decrees as well spirituall as temporall matters and to that end admitteth and requireth the assistance of temporall Princes or their Ambassadours in generall Councells so as by all this it appeareth euidently that the Councell of Lateran needed not the consent or ratification of the Emperour or other temporall Princes for the validitie of the Canon now in question and consequently that my Aduersaries first answere to the obiection proposed by himselfe is to no purpose 61 Heere you see how Mr. Fitzherbert rangeth vp and downe to no purpose spending many words idly to prooue that which no man denieth to wit that the Church by her spirituall authoritie may without the consent of Princes command enioyne or impose temporall and corporall penalties which I haue alwaies granted yet craftily confounding in his inferences ordaining with commanding disposing with imposing and punishing temporally with enioyning temporall punishments which I haue euer distinguished He tooke vpon him as you heard to conuince by the practise of all the primitiue Church in the time of the Pagan Emperours that corporall and temporall things were not onely commanded but also ordained by the Church without the ratification and consent of any temporall Prince because a little before x See nu 45. he doth acknowledge that I doe grant and expresly teach that the Pope hath power to command corporall and temporall things as they are reduced to spirituall and yet heere hee prooueth nothing else either by the Constitutions of the Apostles or by the practise of the primitiue Church but that spirituall Pastours may by their ordinary power for our question is not concerning the extraordinary power which the Apostles had to worke miracles command impose and enioyne temporall and corporall things as to abstaine from blood and that which is strangled from the eating of flesh vpon certaine daies as in Lent rather to suffer wrong and to appoint arbitrary Iudges among themselues to compose quietly their strifes then to haue recourse to the tribunalls of infidell Iudges and to doe corporall and temporall penances and that the Church may now also doe the same and that therefore the consent of temporall Princes is altogether needlesse to the validitie of such Ecclesiasticall Canons and constitutions which doe onely command impose or enioyne corporall and temporall penances and punishments and of this no Catholike maketh doubt 62 But that the primitiue Church did by her ordinary power for of miraculous and extraordinary power which is not to descend necessarily to Successours I doe not speake not onely command and impose but also did inflict temporall and corporall punishments without the consent of the party who was punished and did dispose of temporall things as to dispose is distinguished from to impose or command to wit by depriuing Christians of temporall right power and authority or that the consent and authority of temporall Princes is not necessary to the validity of such Ecclesiasticall Canons and Constitutions as is this decree of the Lateran Councell which is now in question wherein temporall punishments are not onely commaunded or imposed but also inflicted or that the assistance of temporall Princes or their Ambassadours is not onely required in generall Councells for the execution and not for the confirmation and validitie of such decrees wherein temporall punishments are inflicted and temporall things not onely commanded or imposed but also disposed of Mr. Fitzherbert hath not brought heere from the practise of the Primitiue Church so much as any probable or colourable much lesse as he vaunted any conuincing proofe and consequently my first answere to the obiection which I propounded standeth yet firme and solid and what he hath obiected to the contrary is to no purpose at all CHAP. XII Wherein an other answere of Widdrington grounded vpon certaine Glossers or Expositours of the Canon Law is confuted and M. Fitzherberts exceptions against the same are prooued to be fraudulent and insufficient and moreouer it is shewed that from no Canon of the Church it can be prooued that the custome of the Church is to inflict by her spirituall power I doe not say to commaund or impose temporall penalties and the true difference betweene the Diuines and Canonists concerning
and knowledge of men For if wee take certaintie as it is in the thing it selfe which is rather to bee called necessitie there is nothing that is past which is not certaine or rather necessarily true So that all the power and authoritie which Christ hath giuen to S. Peter and consequently to the Pope as hee is Saint Peters Successour is most certaine in it selfe that is most true and necessarie yet all the power in particular which Christ hath giuen to Saint Peter and the Pope is not certaine quoad nos that is to the vnderstanding and knowledge of the faithfull nor of the Popes themselues 34 Secondly whereas Mr. Fitzherbert affirmeth that albeit the reason which mooued some Popes to grant that licence to Priests seemed erroneous to some learned men yet it was not therefore vncertaine to the Popes that gaue it and againe It is euident saith he that many things may seeme vncertaine to some learned men and yet bee most certaine hee doth not say may seeme to be most certaine to the Sea Apostolike insinuating thereby that those Popes who gaue such licences did not only thinke or perswade themselues that they did certainely know but also that they did in very deede certainely knowe which is a farre different thing that they had authoritie giuen them from Christ to doe the same I would gladly learne of Fa. Lessius from whom Mr. Fitzherbert hath taken this assertion by what meanes those Popes came to such a certaine knowledge of things reuealed by Christ our Sauiour whereof other men and perhaps farre more learned then those Popes were in all sorts of learning both diuine and humane were so ignorant vncertaine and doubtfull For my owne part I doe not know by what way any man whatsoeuer hee bee can haue a certaine knowledge which is truely certaine and not onely imagined or thought to bee certaine of things supernaturall and reuealed by GOD but by diuine reuelation and this must bee either a priuate reuelation whereby God reuealeth himselfe to the priuate soule or spirit of a man as hee did in the old Law to the Patriarchs and Prophets and in the New to the Apostles and to diuers other holy men or else it must bee a publike reuelation knowne and approoued so to bee by the publike declaration or acceptance of the Church for the publike definitions of Popes without the approbation of a generall Councell or generall acceptance of the Church doe still remaine vncertaine seeing that it is as yet vncertaine and disputable among learned Catholikes whether the Pope hath authoritie to define certainely and infallibly that this or that thing which is in controuersie among famous and learned Catholike Diuines hath beene reuealed by God or no. 35 If therefore when Mr. Fitzherbert taxing mee most ignorantly of ridiculous absurditie doeth so confidently affirme it to bee euident that many things may seeme vncertaine to some learned men and yet bee most certaine to the Sea Apostolike his meaning bee that the Sea Apostolike hath this certaine knowledge by publike reuelation or by some necessarie consequence which is euidently deduced from publike reuelation I cannot possibly see how this can bee true for that publike reuelations and those things which are euidently deduced from publike reuelations are not proper onely to the Pope but are common also to other learned men and therefore also other learned men who are as skilfull and perchance farre more skilfull in the knowledge of the holy Scriptures and of publike reuelations traditions definitions declarations and of the generall consent and acceptance of the Church then those Popes are may haue as certaine a knowledge of things supernaturall and reuealed by publike reuelation as those Popes either haue or morally can haue 36 But if hee meane that the Sea Apostolike hath that certaintie of knowledge touching things reuealed by priuate reuelations or secret instincts and inspirations any learned man may plainely see that this is spoken without sufficient ground seeing that Christ our Sauiour hath not promised an infallibilitie of trueth to the priuate knowledge of any Pope or of the Prelates of the Church assembled together in a Generall Councell but onely to their Decrees and those not all but to such only which are propounded as of faith Neither also is it certaine that Christ hath promised an infallibilitie of truth so much as to the Popes publike definitions and decrees which are propounded as of faith if hee define without a Generall Councell and much lesse to his priuate knowledge and iudgement as it is manifest by the decrees of Pope Nicholas the first and of Pope Celestine the third whereof the first declared q De cons dist 4 can A quodam Iudaeo that Baptisme giuen in the name of Christ without expressing the three persons of the Trinitie is valid and of force and the second r Quondam in cap. Laudabilem de conuers coniugat that Marriage is so dissolued by heresie that the partie whose consort is fallen into heresie may lawfully marry another which doctrine is now condemned in the Councell of Trent and also by Pope Iohn the 22. who publikely taught Å¿ See Adrian Papa in q. 2. de Confirm circa finem Castro lib. 3. contra haeres verbo Beatitudo haer 62. Bell. l. 4. de Ro. Pont. c. 14 and if hee had not beene preuented by death was resolued to define that the soules of the Blessed should not see God before the Resurrection and by Pope Boniface the eight who in a letter to Philip le Bell King of France affirmed t See Nicol. Vignerius ad an 1300. Ioan. Tilius ad ann 1302. that he accounted them for heretikes who did not beleeue that the said King of France was not subiect to him in spiritualls and temporalls And as for these priuate reuelations they may also bee common to other vertuous and holy men as well as to Popes and with the same facilitie and vpon the same grounds wee may attribute priuate reuelations and certaintie of priuate knowledge as well to the one as to the other 37 And albeit it were so that many things are certaine to the priuate vnderstanding and knowledge of some Popes which are vncertaine and seeme erroneous to other learned men will my Aduersaries therefore affirme that those learned men are bound to follow the Popes priuate iudgement and to beleeue him vpon his bare word if hee say that hee is certaine his iudgement and knowledge to bee true vntill hee make manifest to them the certaintie thereof and vpon what grounds hee is so certainely perswaded his iudgement to bee certainely true This were doubtlesse a most pernicious doctrine and the opening of a wide gappe to errours and heresies For then should the Doctours of Paris See Pope Adr. in the place aboue cited who caused Pope Iohn to recall his errour haue beleeued him when hee commanded his doctrine or rather errour to bee held by all men and induced the Vniuersitie