receiue not from the Church but from the temporall kingdome or Common-wealth And therefore small credite is to be giuen to Mr. Fitzherberts bare I say vnlesse he could more sufficiently prooue and make good what he sayth 15 Marke now secondly how well he confirmeth this his I say For if bad Princes sayth he could not be temporally chastised by their Pastour when they contemne the spirituall rod of Ecclesiasticall Censures as wicked Princes commonly doe Christ had not sufficiently prouided for the gouernment of the Church But this consequence which is so barely and without any proofe at all affirmed by him I vtterly denie For to the good gouernment of a spirituall kingdome or Common-wealth as is the Church of Christ t is sufficient for the Pastours and Gouernours thereof to haue authoritie to punish spiritually not temporally or to inflict spirituall noâ— temporall punishments as also to the good gouernment of temporall kingdomes or Common-wealths it is sufficient that their Kings Princes and other Gouernours haue authoritie to punish temporally or to inflict temporall not spirituall punishments But of this consequence more beneath m nu 21. seq for in effect it is all one with Card. Bellarmines second reason which D. Schulckenius as you shall see laboureth in vaine to make good against the answere which in my Apologie I brought thereunto 16 But this may yet be more euident saith Mr. Fitzherbert if we consider that the greatest inconuenience and harme that can happen to the Church of God groweth commonly by the negligence opposition rebellion or apostasie of Christian Princes who so long as they remaine obedient and dutifull to the Church are as the Prophet calleth them her Nutritij that is to say Isay 59. her Foster-fathers or as it were her Armes not onely to defend her against all forraine enemies but also to retaine all her subiects in their due obedience executing her lawes and decrees and confirming the same with her owne constitutions and therefore we see that in a Christian Countrey where the Prince is Catholike if any subiect doe contemne or resist an Excommunication or other Censure of the Church he is euen by the temporall and publike lawes and by the authoritie of the Prince forced presently to doe his dutie or else is seuerely punished so that while the Prince remaineth obedient to the Church there is no doubt or danger of disobedience in his subiects or of any other great inconuenience to ensue on their parts But if he become disobedient himselfe and fall into heresie Schisme or Apostasie what remedie hath the Church against him by a bare Ecclesiasticall Censure doth he not contemne it and by his authoritie and example draw his subiects for the most part to a generall reuolt from the Church shall we then say that Christ left not to his Church sufficient authoritie to remedie this 17 If a Christian Prince become disobedient to the Pastours of the Church and shall contemne all Ecclesiasticall Censures fearing not to be declared as a Heathen and Publican and to be deliuered ouer to Sathan by Excommunication which is a greater punishment saith S. Augustine then to be stricken with the sword to be consumed by fire Augustin lib. 1 contra Aduersar leg prophet cap. 17. or to be exposed to the deuouring of wild beasts the Church hath no other punishment to inflict vpon him and therefore in this case she hauing performed her office and inflicted her last punishment hath no other remedie then to leaue him to the iudgement and punishment of almightie God who will euer protect his Church and to flie to prayer fasting almes-deeds patience and such kind of spirituall armour or weapons which are proper saith the Glosse n ad Ephes 4. to the souldiers of Christ neither must she therefore vsurpe temporall and ciuill weapons or armour as are the depriuing of temporall and corporall goods which doe not belong to spirituall Pastours but to temporall Princes Kingdomes and Common-wealth Thus I answered in my Apologie o nu 184. and the reason hereof I gaue a little before for that Excommunication or such like spirituall Censure is the last and onely punishment which the Ecclesiasticall or spirituall power by the institution of Christ can inflict Ioan. Paris de potest Reg. Pap. cap. 14. Almain in lib. de dominio nat ciu Eccles conclus 2. Bell. lib. 2. de Concil cap. 19. ad secundum as Ioannes Parisiensis Iacobus Almaine and very many Doctours sayth Almaine doe affirme 18 And what if a wicked Pope shall afflict the Church and seeke to ouerthrow the spirituall good thereof and to draw soules into perdition what authoritie thinke you hath Christ our Sauiour the spouse Protectour and King of the Church according to Card. Bellarmines doctrine left to his Church to remedie this I answere saith he that it is no meruaile that the Church in this case remaineth without any effectuall humane remedie seeing that her safetie doth not chiefly relie vpon the industrie of mâ—n but vpon the protection of God who is her King Therefore although the Church hath not power to depose the Pope yet she may and ought to pray humbly to God that he will bring some remedie And it is certaine that God will haue a care of her safetie who will either conuert such a Pope or else take him out of the way before he destroy the Church And yet against this answere which may in like manner be applyed to wicked Princes persecuting the Church and contemning Ecclesiasticall Censures Mr. Fitzherbert dare not conclude that therefore Christ our Sauiour hath not sufficiently prouided for the gouernment of his Church 19 But what thinke you doth D. Schulckenius reply to that which I answered that if wicked Princes shall contemne all Ecclesiasticall censures the Church hauing vsed her last punishment cannot proceed against them by inflicting temporall punishments Euen as he vsually doth throughout his whole booke by cunningly shifting of the difficultie and flying from one argument to an other and in the ende to his accustomed rayling Schulcken pag. 359. ad nu 184. and slanderous speeches I answere saith he The temeritie of this man who will haue himselfe to be accounted a Catholike is wonderfull A generall Councell of the Christian world saith that Princes favouring heretikes and contemning Excommunication are to be depriued of their dominions by the Sea Apostolike and one man doth freely contradict and affirme that the Church hath no other thing to doe but hath performed her office after she hath throwen the dart of Excommunication To whom ought Catholike men giue credite whether to the vniuersall Church giuing testimonie of her authoritie receiued from God unto one I know not whom who lying hid vnder another mans name lasheth out words 20 But first to returne him backe his bitter inuectiue truely I cannot but admire the fraudulent and vncharitable dealing of this Doctour who would haue himselfe to be accounted
his Successours haue authoritie to create depose and punish Princes temporally it doth likewise follow that the rest of the Apostles and their Successours haue the same authoritie ouer Kings and Princes who are subiect to them spiritually 11 Secondly those wordes of our Sauiour whatsoeuer thou shalt bind c. are to be vnderstood as I answered in my Apologie nu 36. of spirituall not temporall bindings and loosings to absolue from sinnes not from debts to vnloose the bonds of the soule not of the body to open or shut the gates of the kingdome of heauen not of earthly kingdomes to giue or take away spirituall goods graces and benefits not temporall goods lands kingdomes or liues When it was said to S. Peter saith S. Augustine I will giue thee the keyes and whatsoeuer thou shalt bind c. he signified the vniuersall Church The rocke is not from Peter but Peter from the rocke vpon this rocke which thou hast confessed Aug. trac 124. in Ioan. I will build my Church The Church therefore which is founded on Christ receiueth from Christ the keyes of the kingdome of heauen that is power to binde and loose sinnes And againe beneath saith S. Augustine Peter the first of the Apostles receiued the keyes of the kingdome of heauen to bind and loose sinnes So also S. Ambrose S. Chrysostome S. Fulgentius Ambr. lib. 1. de paenit c. 2. Chrysost Theoph. in Mat. 16. Fulgent Eus Emiss vbi supra Bernard l. 2. c. 6 de considerat Hug. Vict. tom 2. serm 64. Iust Monast Laurent Iust de casto connub verbi animae c. 10. Eusebius Emissen Theophylact S. Bernard Hugo de S. Victore Laurentius Iustinanus and infinite others vnderstand those words of our Sauiour of binding and loosing soules and sinnes Neither is there any one of the ancient Fathers or Doctours before Pope Gregorie the seuenth that wrested them to the giuing or taking away from any man whatsoeuer according to their deserts Empires Kingdomes Princedomes Dukedomes Earledomes and the possessions of all men Quia si potestis saith hee k In the Excommunication of Henry the 4. in the eight Roman Councel held by him in the yeere 1080. Iansenius c. 148. Concord Theophy in c. 21. Ioan. Basil in l. de vita solitar c. 23. in caelo ligare soluere potestis in terra Imperia Regna Principatus Ducatus Marchias Comitatus omnium hominum possessiones pro meritis tollere vnicuique concedere 12 I grant likewise that Pascere to feede is taken also for Regere to gouerne but not as a King gouerneth his kingdome but as a Sheepheard gouerneth his flocke as well obserueth Iansenius vpon this place of S. Iohn Christ saith Theophylact doeth not make Peter a Lord nor a King nor a Prince but commandeth him to be a Sheepheard Wherefore as those words whatsoeuer thou shalt bind c. are to be vnderstood of spirituall not temporall bindings and loosings and were spoken not only to Saint Peter but also to the rest of the Apostles so also these wordes Feede my sheepe are to be vnderstood of spirituall feeding or gouernment and doe belong not onely to S. Peter but also to the rest of the Apostles whom S. Peter did represent Atque hoc ab ipso Christo docemur c. saith S. Basill And this wee are taught by Christ himselfe who appointed Peter the Pastour of his Church after him For Peter saith he doest thou loue me more then these Feede my sheepe and consequently hee giueth to all Pastours and Doctours the same power whereof this is a signe that all doe equally bind and loose after that manner as he Feede my sheepe saith S. Ambrose which sheepe and which flocke Amb. de dignit sacerd c. 2. not only blessed Peter did then take to his charge but hee did take charge of them with vs and all we tooke charge of them with him For not without cause Aug. de agone Christiano c. 30. saith S. Augustine among all the Apostles Peter sustained the person of this Catholike Church for to this Church the keyes of the kingdome of heauen were giuen when they were giuen to Peter amd when it is said to him it is said to all Doest thou loue Feede my sheepe Let Bishops and Preachers of the word heare saith Theophylact what is commended to them Theoph. in c. 21. Ioan. Bell. lib. 2. de Rom. Pont. c. 12. in fine Edit Ingolstad anno 1580. Feede saith Christ my sheepe c. Certaine things saith Cardinall Bellarmine are said to Peter in regard of the Pastorall office which therefore are vnderstood to bee said to all Pastours as Feede my sheepe and confirme thy brethren and whatsoeuer thou shalt bind c. But of this my second answere more beneath l nu 21. seq where you shall see in what fraudulent manner D. Schulckenius replyeth to the same 13 Now you shall see what necessarie consequents Mr. Fitzherbert hath drawen from those words of our Sauiour spoken to S. Peter Whatsoeuer thou shalt bind c. and Feede my sheepe For as much saith he m nu 33. p 87 Suppl nu 61. at there can be no good gouernment of men without chastisement when iust occasion requireth it followeth that Christ giuing the gouernment of his Church to S. Peter and so consequently to his Successours gaue them also power to chastise and punish such as should deserue it Whereupon it followeth that seeing all Christian Princes are sheepe of Christs fould and to be gouerned and guided by their supreme Pastour they cannot exempt themselues from his iust chastisement when their owne demerites and the publike good of the Church shall require it And this I say not onely of spirituall but also of temporall and corporall correction 14 But first I willingly grant that Christ giuing the gouernment of his Church to S. Peter and also to the rest of his Apostles and also consequently to their Successours gaue them also power to chastise and punish all those that are sheepe of Christs fould and consequently also all Christian Princes when their demerites and the publike good of the Church shall require it But I vtterly denie that this chastisement is to be vnderstood as Mr. Fitzherbert saith not onely of spirituall but also of temporall and corporall correction For as Christ our Sauiour hath instituted his Church a spirituall and not a temporall Commmon-wealth and consequently granted her power to giue only spirituall goods graces and benefites not temporall goods lands or kingdomes so also the spirituall Pastours or Gouernours thereof haue authoritie by the institution of Christ to chastise and punish spiritually not temporally or which is all one to inflict spirituall not temporall punishments and to depriue their spirituall sheepe and subiects of those spirituall goods which they haue receiued from the Church and by being Christians and not of those temporall goods which they had before they became Christians and which they
also in readinesse that is in manifest and speedy effect to reuenge all disobedience that is to punish the offences of them who would not obey vs that they might correct themselues Which we will doe when your obedience shall be fulfilled that is when all the rest of you shall by loue be obedient in all things Thus S. Anselme Now what learned man will thus conclude that because S. Paul and the Apostles had a most ample extraordinarie and miraculous authoritie power might and effectuall meanes to conuert men to the faith of Christ and to reuenge or punish all that were disobedient with temporall punishments euen by death as S. Peter did Ananias and Saphyra or by depriuing them of their sight as S. Paul did Elimas the Magician or by deliuering them to Sathan to be visibly tormented by him as S. Paul did the incestuous Corinthian that therefore the ordinarie Pastours of the Church haue now either an extraordinarie or ordinary authoritie power might and effectuall meanes to doe the like 35 I omit that S. Ambrose or whosoeuer is the Authour of those Commentaries expoūdeth those words to reuenge all disobedience when your obedience shall be fulfilled of the Corinthians themselues who being perfectly conuerted shall punish in themselues their former disobedience It is manifest saith S. Ambrose that he reuengeth disobedience when he condemneth it by obedience then destroying it when he bringeth to the faith those who doe resist or disobey that infidelitie may be condemned by them by whom it was defended The same also doth S. Anselme insinuate as you haue seene aboue 36 But S. Augustine saith Mr. Fitzherbert vnderstandeth those words of the Apostle hauing in a readinesse to reuenge all disobedience of the authoritie left by our Sauiour to his Church to compell her rebellious and disobedient children to performe their duties True it is that S. Augustine applyeth those words of the Apostle to the authoritie of the Church to compell heretikes by temporall punishments to returne to the faith of Christ taking the Church as it containeth all the faithfull and consisteth both of temporall and spirituall power but it is not true that he vnderstandeth them of the authoritie of the Church as the Church is taken for Church-men or the spiritual Pastours of the Church Wherefore Mr. Fitzherbert doth herein egregiously abuse his Reader For S. Augustines maine drift both in that 50. epistle in the former 48. epistle is only to proue against the Donatists that heretiks may lawfully be compelled with temporall punishments by the lawes of Christian Emperours to returne to the Catholike faith and that the Pastours of the Church did well in requesting Christian Emperours to make such lawes Wherefore the argument of the 48. epistle to Vincentius is that S. Austin was once of opinion that we must not deale with heretikes by violence but only with the word of God but afterwards being ouercome with the doctrine and example of others he changed his opinion and taught that it is lawfull to implore the lawes of Princes against the enemies of the faith so that it be done with an intention to correct and not with a desire to reuenge And the argument of this 50. Epistle is that S. Augustine sheweth with what moderation heritickes may through feare of Emperiall lawes be reduced to the communion of the Church And in his second booke of Retractations Cap. 48. mentioning this Epistle to Bonifacius he writeth thus At the same time I wrote also a booke meaning this 50. Epistle concerning the correction of the Donatists by reason of those who would not haue them to be corrected by the Emperiall lawes This booke beginneth thus Laudo gratulor admiror fili dilectissime Bonifaci 37 Iudge now good Reader what a shamefull fraud is this of Mr. Fitzherbert to make ignorant Catholikes beleeue that S. Augustine bringeth those words of the Apostle to prooue the authority left by our Sauiour to his Church that is to Churchmen or to the spirituall Pastours of the Church for so hee vnderstandeth the word Church in all this his Discourse to compell her rebellious disobedient children by force of temporall punishments to performe their duties whereas S. Augustines intent onely is to prooue the lawfulnesse of the Emperiall lawes compelling heretickes by temporall punishments to returne backe to the faith and that Church-men or the spirituall Pastours of the Church may lawfully implore the Emperiall lawes and desire Christian Princes to compell heretickes to forsake their heresie by force of temporall punishments so that they desire it with intent to correct them and not with a desire of reuenge 38 But if the Ecclesiasticall authority saith Mr. Fitzherbert y Pag. 90. did not extend it selfe to the chastisement of disobediēt Princes in their temporal states it must needs follow that Christ had not sufficiently prouided for the gouernment of his Church yea much worse then temporall Kings are went to prouide for the administration of the Prouinces or states subiect to them who when they appoint lieutenants or deputies any where do giue them authority ouer all sorts of subiects so much power as may suffice for the remedy of all inconueniences and specially of the greatest which may occurre in the States where they gouerne c. But this consequence I haue euer denied For as I haue often said to the good gouernment of the Church of Christ which is a spirituall not a temporall kingdome or common-wealth it is onely required that the Pastours or Gouernours thereof haue authoritie to inflict spirituall and not temporall punishments and this authoritie forasmuch as concerneth the authoritie and punishments themselues is sufficient to redresse all inconueniences neither is it necessarie either in a spirituall or a temporall kingdome that the chiefe Gouernours thereof should haue that power might or effectuall meanes whereby all inconueniences must actually at all times be redressed 39 And therefore as temporall Kings doe giue to their Lieutetenants Deputies or Vice-Royes sufficient temporall authoritie ouer all sorts of subiects in the Prouinces or States where they gouerne but not alwayes so much power taking power not for authoritie or iurisdiction but for might force or effectuall meanes as may suffice for the remedie of all inconueniences for this power the Kings themselues doe often times want in those Dominions where they themselues doe personally gouerne so Christ our Sauiour ordaining in his Church a spirituall and not a temporall Gouernment gaue to the spirituall Gouernours thereof sufficient spirituall authoritie and iurisdiction to redresse all kind of inconueniences in all sorts of subiects as well the highest as the lowest but not sufficient power might or effectuall meanes actually to redresse the same And as the Lieutenants Deputies or Vice-Royes of temporall Kings if they offend cannot be punished with temporall punishments by any subiect in the States where they gouerne but by the King alone to whom onely they are subiect in temporalls So
from the law of nations as to the former grounded vpon the law of nature q Nu. 13. 53 But first I haue cleerely shewed as you haue seene from the doctrine of Suarez and the common opinion of Diuines that the law of nations as it is distinguished from the law of nature is not directly deduced from the principles of the law of nature but it is a humane law hauing force to bind onely by the positiue constitution and decree of man Secondly that although according to the principles of naturall reason Religion is in dignitie perfection and nobilitie superiour to policie and policie is therein subordinate and subiect to it yet according to the law of nature and nations all the particular authoritie which the Religious Societie as it was distinguished from the Ciuill had to commaund or punish any man dependeth wholy vpon the Ciuill common-wealth not onely in temporall but also in religious affaires and the particular customes and municipall lawes not onely of the Romanes but also of all other nations graunting some temporall honour authoritie and prerogatiues to Religious Priests did not proceede from the law of nature nor was directly or indirectly deduced from the principles thereof but was deriued meerely from the positiue constitutions and graunts of euery particular Ciuill common-wealth in whose power it was to create depose and punish their Religious Priests and to extend diminish change and quite take away from them all their directiue and coerciue authoritie and Mr. Fitzherbert affirming the contrary speaketh not onely improbably and disagreeably to the doctrine of Suarez and all other learned Diuines but also discouereth heerein his great want of iudgement learning and reading Neuerthelesse I will not denie but that in this sense the particular customes and municipall lawes of nations graunting to their Religious Priests who were their immediate ministers for things belonging to the publike seruice and worship of their Gods some temporall honour and authoritie were most conforme to the law of nature and principles of naturall reason for that the law of nature and light of naturall reason doth approoue and allow such lawes and customes as fit and conuenient but not commaund and ordaine them as necessarie in which sense also the exemption of Cleargie men now in the new law from the coerciue authoritie of Secular Magistrates ordained by humane law may be said to be conforme to the law of nature for that it doth approoue such exemption as conuenient but not command it as necessary And thus much concerning the law of nations and nature 54 Now touching the Ciuill law r Pag. 134. nu 9. 10. Mr. Fitzherb maketh a quicke dispatch therof in these words And as for the Ciuill law saith he whereas Widdrington saith only that I haue proued nothing else thereby but that the Pope is the supreme superiour of the Church in spirituall matters he is to vnderstand that albeit I haue not directly prooued any thing else by the Ciuill law yet I haue also thereupon inferred the extention of his power to temporall things by a necessarie consequent For hauing concluded that the Imperiall or Ciuill law doth not onely establish the Popes Supremacie but also acknowledge the subiection of temporall Princes to him in matters belonging to their soules and the good of the Church I added this inference 55 Whereupon it followeth directly that it acknowledgeth also See Supplement cap. 1. nu 118. pag. 67. by a necessarie consequent that he may punish them temporally in their persons and states vvhen the good of soules and the seruice and glory of God doth require it according to the rule of the said law vvhich I haue touched before to wit that the accessorie followeth the principall and that he which hath the greater power hath also the lesse And therefore I conclude that the Ciuill law doth no way fauour support or iustifie the Oath and much lesse inioyne it Ibid. nu 64 65. but flatly impugne and ouerthrow it Thus said I in my Supplement remitting my Reader for the more ample proofe of this inference to that vvhich I had before handled concerning the same vvhen I treated of the law of God See cap. nu 3. seq vvhich I haue also repeated in the first Chapter as also I haue examined his answeres thereto and shewed them to be very idle and friuolous and therefore I may vvell conclude that the arguments in my Supplement grounded as well vpon the lawes of God Nature and Nations as vpon the Cuiill or Imperial law doe stand sound and good against the Oath notwithstanding any thing that my Aduersary Widdrington hath beene hitherto able to bring to the contrary 56 But fie Mr. Fitzherbert that you in whose mouth are so frequent absurd ridiculous impertinent friuolous foolish idle fradulent impious malicious as though all your writings were so graue wise substantiall and sincere should thus in euery Chapter delude your Reader and not to vse your owne foule words shew so great want of learning iudgement and sincerity For what man of learning or iudgement can sincerely thinke that the Ciuill law may be said sufficiently to patronize the Popes power to depose Princes and to impugne the new Oath for that it acknowledgeth the Pope to be the supreme spirituall Pastour or with what sinceritie can you make your Reader beleeue that you had no other meaning in spending fourteene whole Pages of your Supplement to prooue by the Ciuill law that the Pope is the supreme spirituall Pastour and hath authoritie to Excommunicate wicked Princes then onely to inferre thereupon by your necessarie or rather improbable consequent that he may therefore punish them temporally in their persons and states For first who would not imagine that when you boasted to prooue the Oath to be repugnant to the Ciuill law because it denieth the Popes power to depose Princes you would haue brought some text out of the Ciuill law where it is written that the Pope hath such a power to depose and not to haue made so much adoe to proue by the Ciuill law the Pope to be head of the Church and to haue authority to inflict spirituall Censures which no Catholike denieth and then forsooth in a word or two to deduce from thence by a farre fetched consequence of your owne and not of the Ciuill law that therefore the Pope may also punish them temporally in their persons and States 57 And truely if it be sufficient to condemne in this manner the Oath by the Ciuill law you might in the like manner for a greater florish haue brought the authoritie of all the auncient Fathers yea and of all Catholikes euen of my selfe and of all those who mainetaine the Oath to be lawfull for a cleere testimony to condemne the same for that all the ancient Fathers and all Catholikes euen my selfe and those who maintaine the Oath to be lawfull and denie the Popes power to depose Princes doe acknowledge the Pope to be the supreme
because they seemed to some pleasing and to others burdensome nor that they were approoued by the common consent of the Fathers because there is no likelihood that they would giue their free consent to the publishing of such decrees which seemed to them heauie and burdensome And therefore the most Illustrious Cardinall of Peron was greatly mistaken when hee affirmed Matthew Paris to say that the Councell of Lateran made 60. Chapters for that Matthew Paris as you haue seene onely saith that 60. Chapters which seemed pleasing to some and burdensome to others were rehearsed he doth not say made in the full Councell Platina in vita Innocentij 3â— Nauclerus generat 41. ad annum 1215. 7 Another ground why the authoritie of this Councell is by some called in question is taken from the testimonies of Platina and Nauclerus and some other circumstances annexed thereunto For both these Authours doe expresly affirme that nothing at all could be plainely decreed by the Councell by reason of the suddaine departure of Pope Innocent from Rome giuing to vnderstand thereby that something was by the common consent of the Fathers decreed but nothing plainly The words of Nauclerus are these In the yeere of our Lord 1215. Pope Innocent did celebrate at Rome in the Lateran Church a Councell or Synode at which were present the Patriarches of Ierusalem and Constantinople c. Many things were then consulted of but nothing could bee plainely decreed for that that those of Pisa and Genoa made warre one against the other by Sea and those on this side the Alpes by land therefore the Pope going thither saith Platina to take away this discord dyeth at Perugia Neuerthelesse some Constitutions saith Nauclerus are reported to bee published among which one is that wheâ—soeuer the Princes of the world shall offend one the other it belongeth to the Pope to correct them Many things in conclusion were treated of for the recouering of the holy Land 8 Neither are those words say they of Nauclerus that nothing was plainely decreed in the Councell to be vnderstood onely concerning the recouering of the holy Land both for that his words are generall and without limitation and to bee referred to those many things that were consulted of which did not only concerne the recouering of the holy Land but also the reformation of the vniuersall Church in faith and manners for both which causes the Councell was called as Pope Innocent himselfe in his speech which hee made to the Councell at the beginning thereof and in his Bull of calling the Councell related by Abbas Vspergensis doeth expresly affirme Abbas Vesper ad annu 1212. and also those wordes of Nauclerus immediately following yet some Constitutions are reported to bee published among which c. and his putting in the last place that many things were treated of for the recouering of the holy land doe sufficiently shew that those first words of his Many things were consulted of yet nothing at all could bee plainely decreed he did not vnderstand touching onely the holy Land 9 And although those very same words that Platina hath to wit that many things were then consulted of but nothing could be plainly decreed may be wrested to the recouering only of the holy Land if wee onely regard his wordes immediately going before to wit that the Pope seeing the power of the Sarracens to increase in Asia doth celebrate a very great Councell at Lateran at which were present c. Many things were consulted of c. yet if wee consider say they many other circumstances together also with that which Matthew Paris said before it is probable that Platina his meaning was that many things were consulted of not onely concerning the increase of the Sarracens power in Asia but also touching the reformation of the Church in faith and manners contained in those 60. Chapters rehearsed in the full Councell and that nothing at all especially concerning those Chapters which seemed to some easie to others burdensome could bee plainely and manifestly decreed for that the Pope did so suddainely depart from Rome to appease the discord betwixt the people of Pisa and Genoa that there was not time sufficient duely and maturely to debate the same 10 The first circumstance is that although the increase of the Sarracens power in Asia was an occasion to hasten the calling of this Councell yet it was not called onely for the recouering of the holy Land but also for the reforming of the vniuersall Church in faith manners See Abbas Vsperg ad annu 1212. to wit as Pope Innocent himselfe confesseth to roote out vices and plant vertues to correct excesses reforme manners to expell heresies strengthen faith to appease discords and establish peace to suppresse oppressions and nourish libertie to induce Christian Princes and people to giue aide and succour to the holy Land c. whereof Platina could not be ignorant and that therefore according to Platina his meaning many things were consulted of concerning the things for which the Councell was called but nothing was plainly and manifestly decreed by any authenticall and publike approbation of the whole Councell And in this sense that which writeth Godefridus who liued at the same time may be well vnderstood Godefridus monarchus ad annum 1215. The same yeere 1215. saith he the Pope held a Councell at Rome where Patriarchs Archbishops Bishops Abbots Prelates of Churches as well from the parts beyond the Sea as from all the coastes of Christendome were gathered together in the Church of Saint Iohn Baptist which began at the feast of S. Martin and was prorogued vntill the feast of Saint Andrew wherein nothing was there done worthy to bee remembred but that which before was vnheard of the East Church did submit her selfe to the West 11 The second circumstance is that there was as much decreed in the Councell concerning the recouery of the holy Land and as plainely as touching any other thing as it is manifest by the last Chapter Being mooued saith the Pope with a vehement desire to deliuer the Holy land from the hands of the wicked by the aduice of prudent men who fully know the circumstances of times Sabel ennead 9. lib. 6. and places the sacred Councell approouing we define c. Whereupon as writeth Sabellicus it was sufficiently agreed vpon to make warre against the wicked in Asia but the discord betwixt those of Genoa and Pisa hindred the preparation thereof 12 The third circumstance is that this so great and famous Councell which was celebrated in the yeare 1215. was not published to the view of the world and placed among the other Councels but 300. yeares after it was celebrated to wit in the yeare 1538. and that by a German who affirmeth that he had these decrees out of an ancient Booke but from whence or from whom he had this Booke or of what credit it was he maketh no mention and Iacobus Merlin who printed
whereas none will acknowledge that Parish Priests are such and few will grant that they haue iurisdiction in the externall spirituall Court but onely in the Court of conscience Therefore although it were absurd to say that because euery Bishop can excommunicate in his owne Diocesse therefore euery Parish Priest can also excommunicate in his Parish yet as it is not absurd to say that because the Pope can excommunicate in the vniuersall Church therefore a Bishop standing in the law of Christ can also excommunicate in his owne Diocesse so it is not absurd and much lesse ridiculous to say that if the Pope can inflict a temporall penaltie vpon all Christians euery Bishop also standing in the law of Christ can inflict a temporall penaltie vpon those that are subiect to his Bishopricke no more then it is absurd or ridiculous for Cardinall Bellarmine to say that if the Pope hath direct dominion in temporalls in the vniuersall Church euery Bishop hath also direct dominion in temporalls in his owne particular Bishopricke for that according to his doctrine that which the Pope is in the vniuersall Church is euerie Bishop in his particular Diocesse 47 And as concerning that plenitude or fulnesse of the Popes Ecclesiasticall power which Mr. Fitzherbert with full mouth doth so often inculcate little vnderstanding poore man in what this fulnesse doth consist there is a great controuersie among Catholikes to what things this fulnesse of Ecclesiasticall power doth extend Almainus de authore Eccles cap. 3. For there is so great a controuersie saith Almaine concerning the fulnesse of Ecclesiasticall power and to what things it doth extend that there are few things in this matter secure or certaine insomuch that it were very necessary in these times as William Occam in the end of the first part of his Dialogue obserueth that wise men being inforced by oathes or horrible threatnings to speake the truth should declare those things which belong to the fulnesse of Ecclesiasticall power And how farre some Authours perchance for flattery to get priuiledges and benefices saith Almaine doe straine it to the preiudice of Princes so that they doe quite ouerthrow the Soueraigntie of Princes you may see in that his Treatise where hee expoundeth only the doctrine of Occam and how he notwithstandeth the fulnesse thereof in other his bookes where he speaketh according to his owne opinion will not haue it to extend to the inflicting of temporall punishments as death exile priuation of goods or imprisonment and this saith he a In lib. de dominio natu Ciu. Eccl. concl 12. is the opinion of most Doctours 48 And also the Doctours of Paris doe make the power and Iurisdiction of Bishops standing meerely in the law of Christ to be as full in intension as is the Popes power that is abstracting from his Primacie and the fulnesse of his power in extension for that the Popes power is extended to the whole Church and the power of Bishops is limited and restrained to their owne Bishoprikes albeit the Canons of the Church haue limited and restrained the fulnesse of Bishops power also in intension Bell. l. 5 de Rom. Pont. cap. 3. reseruing many cases and Censures to Papall authoritie But standing in the law of Christ Card. Bellarmine doeth very well affirme that euery Bishop is that in his owne Diocesse which the Pope is in the vniuersall Church which Mr. Fitzherbert must first proue to bee impertinent absurd and ridiculous and then let him put those imputations vpon my answere and the argument which he draweth from thence 49 A third principall exception Mr. Fitzherbert taketh against that which in confirmation of my aforesaid second answere I added in these words Adde hereunto that whensoeuer the Pope by a generall constitution decreeth any temporall thing but it pleased my Aduersarie to leaue out that word temporall which is preiudiciall to the right of another man who is not subiect to him in temporalls the same decree as some not improbably doe thinke doeth only extend vnlesse the contrarie bee expressed which last clause also Mr. Fitzherbert leaueth out to the territories of the Roman Church or the patrimonie of S. Peter wherein as Pope Innocent saith b Cap. per venerabil the Pope doth exercise the authoritie of a chiefe Bishop and doth execute the power of a Soueraigne Prince 50 Against this answere Mr. Fitzherbert obiecteth in this manner c pag. 173. nu 18. 19. Thus Widdrington telleth vs but who these some men are of whom he speaketh or where they affirme this hee listeth not to tell vs neither in his text nor in his margent lest by the cases which they propound and the circumstances of their doctrine we might discouer his abuse of their testimonie but whosoeuer they bee if there be any such that giue so generall a rule as hee mentioneth it must bee considered whether they speake of constitutions touching matters meerely temporall or else of penall lawes made against heresie or other enormious crimes for the benefit of the whole Church For no Catholike man I am sure hath euer said or will say that any generall Constitution of the Pope made for the reformation of faith or manners and punishment of delinquents in spirituall matters is to bee vnderstood to bee restrained to the Popes owne temporall patrimonie for seeing that hee hath no lesse spirituall authoritie throughout all Christendome then within his owne temporall dominions it were absurd and hereticall to say that his generall Decrees touching spirituall matters such as is the extirpation and punishment of heresie cannot extend to the whole Church if they inflict a temporall penaltie to the preiudice of some mans temporall state for so could not heretikes bee temporally punished out of the Popes temporall dominions by vertue of the Popes decrees which neuerthelesse are generally executed Cap. vergentis Tit. 7. de haerâ—â— in preiudice not only of the delinquents but also of their children and next heires And this I say is so vniuersally practised by the Church that hee cannot be counted a Canonist nor yet a Catholike that will deny it to be lawfully done 51 But to omit the egregious fraude and falshood of this man in affirming mee to say that whensoeuer the Pope decreeth any thing c. and leauing out the word temporall and also that other clause vnlesse the contrarie be expressed which were the chiefe points whereon I did ground that my answere there is no man of any iudgement who may not cleerely perceiue that all those Catholike Doctours alleadged by mee heretofore d Apol. nu 4. seq and in the first part of this Treatise and among the rest those plerique Doctores very many or most Doctours whom Almaine citeth and followeth who affirme that the Pope by the institution of Christ hath not authoritie to inflict temporall punishments but onely Ecclesiasticall censures must consequently holde that when the Pope by a generall constitution decreeeth any temporall
ouer the whole Church or a Generall Councell but also with the Diuines of Fraunce who are not so vehement for either of them and with the learned Priests and Catholikes of England whom it did most concerne and I am fully perswaded or rather morally certaine that both the Cardinall Peron and many other learned Catholikes both of France and England would at that time plainely haue told his Holinesse and giuen him sufficient reasons for their saying that neither the doctrine for his power to depose Princes which is expressely denyed in the oath is certaine and of faith or the contrary improbable nor that his power to excommunicate or any other spirituall authority of his which is certaine and of faith is denied in the oath 35 And this also of my owne knowledge is very true as I haue signified heeretofore r In the Epistle dedicatory nu 6. to his Holinesse that a certaine Priest not of meaner sort did presently vpon the resolution of Mr. Blackewell then Arch-Priest and of diuers other learned Priests and Catholikes that the Oath might lawfully be taken with all the speed he might write to Mr. Nicolas Fitzherbert being then at Rome and sincerely related vnto him how all things heere had past concerning the conference and resolution of learned Priests end Catholikes about the Oath earnestly requesting him that either by himselfe or by meanes of a certaine Cardinal whom he nam'd to him he would deale effectually with his Holinesse not to bee perswaded to send hither any Breue against the taking of the Oath things standing as they did for that otherwise his authority as well temporall to depose Princes as spirituall to define without a generall Councell would be more strongly called in question by English Catholikes then it hath beene in former times Now if his Holinesse had deferred for a time the sending hither of his first Breue and in the meane space had demaunded the opinion of English Catholikes whom most of all it concerned in this difficult controuersie about the lawfulnesse of the Oath he might doubtlesse haue beene more sufficiently informed of the whole matter then he was or could be informed by his owne Diuines of Rome whom besides that they had not taken such paines in canuassing this question touching the certaintie of the Popes authoritie to depose Princes as many of our English Catholikes had he might haue some cause to suspect that they would speake partially in fauour of his authority either for hope of promotion as being men feruent to aduance all his pretended authoritie or for feare of incurring his displeasure and to bee accounted Aduersaries to the Sea Apostolicall as the euent alas hath prooued to bee ouer true 37 Or secondly the sense and meaning of those wordes may bee that his Holinesse by that long graue and mature deliberation and consultation was sufficiently that is truely and certainely informed of the whole matter and of the true sense and meaning of all the clauses of the Oath and this I say is very vntrue as likewise it is very vntrue that Cardinall Bellarmine notwithstanding all his graue mature and long deliberation and consultation had concerning this controuersie for betwixt this consultation of his Holinesse at which Cardinall Bellarmine was one of the chiefest and the publishing of his second booke against his Maiestie there passed almost foure whole yeeres and the consultation of his Holinesse could continue but few moneths seeing that the Oath was published heere about Iune and his Holinesse first Breue was dated the first of October next following hee was greatly mistaken and deceiued both in the vnderstanding of those wordes of the Oath notwithstanding any sentence of Excommunication c. and of diuers other clauses thereof as I haue sufficiently conuinced in my Theologicall Disputation and Mr. Fitzherbert by his silence and not replying to this point being vrged by me thereunto doeth in effect acknowledge as much and also in his opinion touching the certaintie and infallibilitie of the doctrine for the Popes power to depose temporall Princes which without any sufficient ground euen according to his owne principles hee will needes haue to bee a point of faith 38 And heereby you may see how falsly and slaunderously and with small respect to his Holinesse whom Mr. Fitzherbert would seeme so much to reuerence hee concludeth in these words Å¿ P. 214. nu 5. Disp Theol. c. 10. s 2. nu 46. Therefore he that thinketh otherwise of his Holinesse as Widdrington doth affirming that his Breues were grounded vpon light foundations and false informations must needes hold him to be the most carelesse and negligent Pastour that euer gouerned the Church of God whereby any man may iudge what account Widdrington maketh of his Holinesse and his authoritie notwithstanding his submission of his writings to the Catholike Roman Church 39 But first it is very vntrue that from my wordes any such inference can bee gathered as Mr. Fitzherbert heere maketh I gaue indeede as you haue seene two answeres to his Holinesse Breues which are briefly comprised in those few words light foundations and false informations My first and principall answere which this fraudulent man altogeth concealeth was this that if his Holinesse Breue forbidding Catholikes to take the Oath for that it containeth many things flat contrarie to faith and saluation was grounded vpon the Popes power to depose Princes to dispose of temporalls to inflict temporall punishments and to absolue subiects from their temporall allegiance as all my Aduersaries grant it was chiefly grounded thereon then I say it was not grounded vpon any certaine doctrine infallible and of faith but vpon vncertaine and fallible grounds and which were alwayes impugned by learned Catholikes which vncertaine and fallible grounds I called light for that they are not sufficient and weightie enough let them be neuer so probable to build thereon any certaine and infallible doctrine of faith and which euery Catholike vnlesse hee will deny his faith is bound to follow My second answere which this man doth also in great part conceale for that I did particularly set downe wherein his Holinesse was misinformed which he wholly dissembleth was that if his Holinesse Breue was grounded as by all likelihood it was vpon this foundation that his power to excommunicate his power to bind and loose in generall and consequently his spirituall Supremacie which according to the common doctrine of Catholikes is indeede cleerely repugnant to faith is denyed and impugned in the Oath then I say that his Breues were grounded vpon false informations for that there is no such thing denyed in the Oath as I haue euidently conuinced howsoeuer Cardinall Bellarmine hath laboured to prooue the contrarie And neither of these answeres can bee sufficiently confuted by any of my Aduersaries neither are they repugnant to the submission of my writings to the Catholike Roman Church 40 So as you see that I made not that irreuerent inference which Mr. Fitzherbert heere concludeth I
bee published euery where made by the Sacred Congregation of the most Honourable Cardinalls of the holy Roman Church specially deputed by our most holy Lord Pope Paul the fift and the holy Apostolike Sea for the examination of bookes and their permission prohibition purgation and impression throughout the vniuersall Christian Common-wealth The Sacred Congregation of the most Honourable Cardinalls of the holy Roman Church deputed for the examination of bookes hauing seene a booke falsly intituled An Apologie of Cardinall Bellarmine for the right of Princes against his owne reasons for the Popes authoritie to depose Secular Princes in order to spirituall good written by Roger Widdrington an English Catholike in the yeere of our Lord 1611. and another booke of the same Authour intituled A Theologicall Disputation concerning the Oath of Allegiance dedicated to the most holy Father Pope Paul the fift Printed at Albinopolis in the yeere of our Lord 1613. hath iudged both the bookes worthy to bee condemned and prohibited and by the commandement of our most holy Lord Pope Paul the fift doeth by this present Decree vtterly condemne and prohibite them in what language soeuer they are printed or to be printed and except the Authour of them who professeth himselfe to be a Catholike doe cleare himselfe foorthwith hee is to vnderstand that hee shall bee throughly punished with Censures and other Ecclesiasticall penalties Furthermore it commandeth vnder the penalties contained in the holy Councell of Trent and the Index of forbidden bookes that none of what degree or condition soeuer be so bold from hencefoorth to print the foresaide bookes or cause them to bee printed or keepe them with him in any sort or reade them Also it commandeth vnder the same penalties that whosoeuer hath them now or shall haue them heereafter hee shall presently vpon the knowledge of this present Decree exhibite them to the Ordinaries of the places where he is or to the Inquisitours In testimonie whereof this present Decree was signed and sealed with the hand and seale of the most Honourable and most Reuerend Lord the Lord Cardinall of S. Caecila Bishop of Alba the 16. of March 1614. P. Bishop of Alba Cardinall of S. Caecilia The place ✚ for the seale Regist fol. 50. Fr. Thomas Pallauicinus of the Order of the Preachers Secretarie Printed in Rome by the Printer of the Apostolicall Chamber 1614. 134 To this Decree may bee added a Letter which the Popes Nuncius in Flaunders wrote from Bruxels to Mr. George Birket then Arch-Priest touching my Theologicall Disputation dedicated to his Holinesse the Copie whereof is this Admodum Reuerende Domine vti frater in Christo dilectissimé PEruenit in vrbem Disputatio Theologica de Iuramento Fidelitatis tertium sub Widdringtoni nomine evulgatum opus Ibi cum diligenter examinatum sit declarauit Sanctissimus D. N. nullo modo se dicti operis dedicationem acceptare illius Authorem neque Ecclesiae filium neque Catholicum existimare omnesque insuper Catholicos ab illius lectione abstinere prorsus debere De his ante paucos dies per Sanctae Romanae Inquisitionis Congregationis literas de mandato suae Sanctitatis edoctus sum vt de ijsdem ad Dominationem tuam imprimis scriberem quò eadem istic Catholicis significes ac pro tua prudentia innotescere cures Deus Dominationem tuam Coelesti sua custodia muniat Bruxellis 26. Nouembr 1613. Admodum Reuerendae Dominationis tuae Amantissimus studiosus Very Reuerend Sir and as a Brother most beloued in Christ THere came into the Citie of Rome a Theologicall Disputation concerning the Oath of Allegiance the third worke published vnder the name of Widdrington After it was there diligently examined our most Holy Lord declared that he in no wise accepted the Dedication of the said Worke and that hee thought the Authour thereof to bee neither a childe of the Church nor a Catholike and moreouer that all Catholikes should abstaine from the reading thereof Of these things I was certified some few daies since by Letters of the Congregation of the Holy Romane Inquisition by the commandement of his Holinesse to the end that first of all I should write thereof to your Reuerence that you may signifie the same to Catholikes there according to your wisedome to make it knowne to them God defend your Reuerence with his heauenly custodie From Bruxels the 26. of Nouemb. 1613. Of your Reuerence most louing and respectiue 135 Now from this Decree Mr. Fitzh concludeth this last Chapter and his whole Replie in this manner So as saith he f Pag. 225. num 25. 26. I hope Catholike Reader thou shalt shortly be out of all doubt of what Religion Widdrington is for if now after that this controuersie of the Oath hath beene many yeares debated and discussed by the learned Catholikes of diuers Nations and determined by two Apostolicall Breues yea and that his owne Bookes written in defence of the Oath are condemned by his Holinesse and hee himselfe peremptorily admonished vnder paine of Ecclesiasticall Censures to cleare and conforme himselfe without further delay if now I say after all this he will pretend as hitherto he hath done that his Holinesse is still ignorant of the true state of the question or that he is deceiued deluded by others or else if he seeke other new shifts euasions or delaies to excuse or deferre his conformitie to the iudgement of his supreame Pastour he shall shew himselfe to he either a scabbed or rotten sheepe worthy to be excluded out of the folde for feare hee infect others or else a rauening Wolfe clad in a sheepes skinne Besides that it will euidently appeare that all his former pretences to de a Catholike and his submissions to the Sea Apostolike g He should haue said to the Catholike Romane Church for these be Widdringtons expresse words haue proceeded from no other ground but from a deepe dissimulation or rather an artificiall and execrable hypocrisie to delude and deceiue Catholikes which I leaue good Catholike Reader to thy prudent consideration and humbly beseeching Almighty God from the bottome of my heart to illuminate and inspire him with his grace that he may see his owne lamentable estate and preuent the danger of his soule wherein be runneth headlong if he continue his wonted course 136 But to this Decree of the Lord Cardinals and to the letter of the Pope Nuncius to Mr. Birkett and also to all that which Mr. Fitzherbert concludeth from the aforesaid Decree there needeth no other answer then to set down my Purgation humble Supplication to his Holines wherein I desired to know any one thing which in the Oath is repugnant to faith or saluation as his Holinesse in his Breues declared that there are many things in the Oath flat contrary to faith and saluation or any one thing in my bookes which are against faith or good manners protesting with all sinceritie to correct what is to be
therefore as in the end of that Disputation I affirmed I did faithfully set downe all the chiefest arguments which are vsually alledged as well against the taking of the Oath as in fauour thereof neither did I affirme any thing of my owne opinion but onely as representing the persons of them who of set purpose do publikely maintain that the Oath either may or may not be lawfully taken leauing it to the Fatherly care of your Holinesse that when you haue bin fully informed of the whole progresse of the matter and haue diligently examined all the reasons for which English Catholikes obeying the Kings cōmandement haue taken the Oath you will be pleased particularly to approue them or to condemne them that Catholikes in this so most weightie a matter which doth so neerely concerne the prerogatiue of your spirituall Authoritie and of his Maiesties Royaltie being fearefull to resist your Holinesse precept declared in your Breues and also being desirous to obey as much as with a safe conscience they may his Maiesties commaund may cleerely perceiue which particular clauses of the Oath they are bound to admit and which they are bound to reiect and may in plaine and expresse tearmes without any ambiguity of words be instructed by your Holinesse in what manner they may satisfie their owne conscience your Holinesse will and also his Maiesties desire concerning all the particular parts of the Oath For as they are very ready to hazard their whole temporall estate and also to loose their liues for the Catholike faith which by the Church to whom this office belongeth to define matters of faith and not to priuate Doctours who may deceiue and be deceiued is declared to be truely the Catholike faith so doubtlesse they are vnwilling to expose themselues their whole Family and Posterity which this our age doth so much labour to aduance to eminent danger of their temporall vtter ruine onely for opinions although they be maintained by the greater and better part of Diuines so that others although farre fewer in number doe defend the contrary But as they are desirous with all their hearts to obey your Holinesse in spirituall matters and in those things which cannot be omitted without sinne so also they might iustly thinke themselues to be more hardly vsed then children are wont by their Parents if in these times specially wherein by reason of the Catholike faith which they professe they haue grieuously incurred his Maiesties high displeasure who is of a contrary Religion they should without sufficient reason be forbidden to giue that temporall Allegiance to his Maiestie which they perswade themselues to be by the Law of Christ due to him hauing alwayes before their eyes that commaundement of Christ our Sauiour Render to Caesar the things that are Caesars and the things that are Gods Matth. 22. to God 11 And that your Holinesse may yet more cleerely perceiue that this my Disputation of the Oath which is rather to be called a most humble Supplication to your Holinesse was written in manner of an humble Petition I thinke it not amisse to repeate also word by word these very last words of my Epistle to your Holinesse 12 This therefore most Holy Father is our most humble Supplication to your Holinesse First that your Holinesse will be pleased to examine diligently the reasons for which our English Catholikes doe thinke the Oath may lawfully be taken and whereof they are perswaded your Holinesse is not yet rightly informed Secondly that after you haue throughly examined them you will vouchsafe in regard of your Pastorall carefulnesse to instruct them what parts of the Oath are I doe not say according to the probable opinion of some Dhctours but according to Catholike doctrine necessarily to be belieued by all Christians repugnant to faith and saluation and therefore cannot be taken by any Catholike with a safe and probable conscience Thirdly that if your Holinesse shall find that you haue not beene rightly informed of those reasons for which our English Catholikes are of opinion that the Oath may lawfully be taken and that therfore they haue not in a matter of so great weight proceeded rashly and vnaduisedly you will be pleased receiue them and their Priests into your ancient fauour and that if they or any of them haue not through their owne fault but through the indiscreet zeale of others suffered any losse or detriment in their good names or other wayes it may be restored againe to them in that best manner as shall seeme conuenient to the charitie iustice and wisedome of your Holinesse 13 Now what there is contained in this our humble Petition against which your Holinesse hath iust cause to take so high displeasure that you will not accept thereof I remit to the iudgement of indifferent men but especially of your Holinesse For by that which we haue said it doth manifestly appeare that this Disputation of the Oath was for that end composed by me to informe your Holinesse who is the supreme Pastour of the Catholike Church and to whom Christ our Lord hath giuen charge to feede his sheepe not onely with precepts and Censures but also with the word of Doctrine and to instruct them in the Catholike faith truely of our state and to propound vnto your Holinesse sincerely and with all dutifull submission those doubts and difficulties which both to my selfe and to other Catholikes doe occure about this new Oath which is commaunded by his Maiestie forbidden by your Holinesse and daily taken by almost all Catholikes of the better sort to whom it is tendred yea euen by those who haue the Iesuits for their Directours howsoeuer these Fathers doe in outward shew seeme to condemne the same that after your Holinesse had duely examined the reasons and arguments which are vsually alledged on both sides against and for the taking of the Oath you would be pleased to satisfie our consciences and to make knowne vnto vs what parts of the Oath may according to the principles of the Catholike faith be lawfully and what parts may not lawfully be taken and lastly to declare vnto vs which be those many things which your Holinesse being not rightly informed by some as we imagine hath affirmed in your Breues to be cleerely repugnant to faith and saluation for no man be he neuer so great an enemie to the Oath dare auouch that all things contained in the Oath are repugnant to faith or saluation 14 Now I beseech your Holinesse to iudge first whether I the Authour of those Bookes who haue professed my selfe to be a Catholike and a Child of the Catholike Romane Church and haue subiected all my writings to her iudgement and Censure with that submission that whatsoeuer should not be approoued by her I would disprooue condemne and haue it for not written ought to be iudged by the Supreme Pastour and Father of the Catholike Church to be no Catholike nor a child of the Catholike Church If I be no Catholike doubtlesse I must bee
it is denied in this oath but supposeth it as being graunted or knowen of it selfe 13 Whereby it is apparant that I am free from all fraude in this point and that my Aduersarie cannot bee excused from fraudulent proceeding both for wrongfully accusing mee of fraude and also for taking vpon him in the beginning of his Discourse to impugne the oath as being repugnant to all lawes humane and diuine for that it containeth a deniall of the Popes power to excommunicate and to depose Princes and yet not bringing any one argument to prooue that his power to excommunicate is denyed therein but supposing it as knowne or granted and cunningly passing ouer to his power to depose which considering It hath euer beene a great controuersie saith Fa. Azor f Tom. 2. l. 11. cap. 5. q. 8. betwixt Emperours and Kings on the one part and the Bishops of Rome on the other and the Schoolemen saith Trithemius g In Chronico Monast Hirsaug ad annum 1106. doe contend about the same it is no hard matter for a man of meane Theologicall learning to scrape together as Mr. Fitzherbert hath done out of so many Authors who haue written in fauour of the Popes power to depose Princes some colourable arguments to prooue the same all which neuerthelesse haue beene heeretofore by mee and others very cleerely answered 14 Considering therefore that neither his Maiestie did intend to deny in this oath the Popes power to excommunicate him although the lower house of Parliament as his Maiesty himselfe affirmeth h In his Premonition p. 9. at the first framing thereof made it to containe as much which hee forced them to reforme neither is there any one clause in the oath from which it may bee gathered that the saide power to excommunicate is denied therein neither did my Aduersary bring any one argument or shew of an argument to prooue the same although in the very beginning of his Discourse hee promiseth to prooue that the oath in respect of this clause is repugnant to all lawes humane and diuine for this cause I vsed these words which now my Aduersary carpeth at That it is a wonder that learned men do not blush to affirme with so great confidence that to be his Maiesties meaning which hee himselfe in publike writings doth expresly professe not to be his meaning and to inculcate so often and so coldly without any solide proofe that very argument concerning the deniall of the Popes power to excommunicate which both by his Maiestie and many others hath beene so often very soundly confuted 15 Now Mr. Fitzherbert taketh great exceptions against these wordes and groundeth vpon them his third accusation that I haue neither answered probably nor like a good Catholike Whereto I answere first saith hee i Nu. 14. concerning his vaine bragge of the sound confutation of our argument that seeing the same hath no other ground or proofe heere but his owne word and idle affirmation it deserueth no other answere for this place but a flat deniall But I might likewise returne his owne answere of his vaine brag and idle affirmation to those words of his k Nu. 10. 11. 12. That the oath implieth the deniall of the Popes Supremacy and that hee and others haue amply prooued that whosoeuer abiureth the Popes power to depose Princes doth consequently abiure his spirituall authoritie yet I will abstaine from such bitter termes and whether it bee a vaine bragge of my owne and an idle affirmation or rather a very true assertion that their argument concerning the deniall of the Popes power to excommunicate whereof in that place I did onely speake hath beene sufficiently confuted or no the Reader by my answeres may easily perceiue 16 For Cardinall Bellarmine Fa. Lessius Gretzer and this my Aduersary doe affirme the oath to be vnlawfull and to deny the Popes spirituall authoritie for that it denieth his power to excommunicate which all Catholikes graunt to bee included in his spirituall Primacy That his power to excommunicate is denied in this oath Fa. Gretzer and my Aduersarie doe suppose as manifest neither doe they bring any one argument for the proofe thereof and therefore their assertion or rather supposition may with a meere deniall bee as easily confuted Cardinall Bellarmine also at the first did barely without any proofe but onely by the way of an interrogation affirme or rather suppose the same And being taxed by his Maiestie of falshood for affirming so boldly That the Popes power to excommunicate are hereticall Kings is plainly denied in the oath seeing that this point converning the Popes power to excommunicate was in this oath purposely declined by his Maiesty yet Cardinall Bellarmine afterwards in his Apologie l Cap. 15. bringeth no other proofe for cleering himselfe of that imputation then which in effect hee had brought before 17 That I did truely affirme saith he that the Popes power to excommunicate euen hereticall Kings is denied in that forme of oath it is manifest by those wordes of the oath Also I doe sweare from my heart that notwithstanding any declaration or sentence of Excommunication or depriuation made or granted or to bee made or granted by the Pope or his Successours c. I will beare faith and true allegiance to his Maiestie his Heires and Successours But whosoeuer sweareth that he will obey an hereticall King notwithstanding the Popes excommunication doth not hee together sweare that he acknowledgeth not in the Pope power to excommunicate hereticall Kings for otherwise it were not an oath but sacriledge to sweare that hee will not obey the sentence of Excommunication made by the Pope against an hereticall King if he should beleeue that the Pope hath power to excommunicate hereticall Kings 18 To this argument I gaue two answeres m In Disput Theol. cap. 4. sect 1. The first was that a Catholike man either terrified with feare or mooued for hope of gaine may sweare that he will not obey a iust Excommunication and by so swearing commit sacriledge who neuerthelesse doth beleeue that the Pope hath power to excommunicate And therefore from those words of the oath notwithstanding any sentence of Excommunication c. I will beare true allegiance to his Maiestie c. or to speake more plainly from these words notwithstanding aiust Excommunication I will not obey it it cannot bee rightly inferred that I therefore deny the Popes power to excommunicate But whosoeuer sweareth in that manner saith Cardinall Bellarmine either denyeth the power to excommunicate or committeth sacriledge Be it so But if this second were freely granted him this neuerthelesse being granted I cannot in any wise perceiue that to bee true which hee before did absolutely and without any disiunction affirme In this branch of the oath the Popes power to excommunicate hereticall Kings is plainly denied 19 My second and principall answere was the very same in effect which his Maiestie before had giuen to wit that by swearing the foresayde
very first so fraudulent friuolous and contrarie to his owne profession as you haue heard in this Chapter Thus you see with what bitternesse Mr. Fitzherbert concludeth his first Chapter 43 But if hee had beene pleased to haue dealt vprightly and as hee hath in a most spitefull manner vrged against me this obiection which is taken from his Holinesse Breues so also he had set downe the answere which in the tenth Chapter of my Theologicall Disputation I gaue thereunto the Reader would presently haue perceiued that my Aduersarie hath passed the bounds of Christian charitie and iustice in wrongfully accusing me of impudencie impietie and disobedience to the Apostolicall decree of S. Peters Successour whose obedient child I did there and also I doe heere professe my selfe to be and am readie to obey in all those things wherein according to the grounds of Catholike Religion hee hath authoritie to command Neither can my Aduersarie without blushing affirme either that the Popes Holinesse albeit hee bee Saint Peters Successour cannot erre in his particular commands and decrees which are not propounded to the whole Church but to particular Churches or Kingdomes or that any Catholike is bound to obey him in those things wherein according to the doctrine of learned and vertuous Catholikes hee hath no authoritie to command 44 First therefore I shewed in that place out of the doctrine of Fa. Suarez that there are two sorts of humane precepts as well Ecclesiasticall as Ciuill The one is called a constitutiue precept which of it selfe maketh that thing which it forbiddeth to bee vnlawfull which otherwise if that precept were not would not bee vnlawfull as the eating of flesh in Lent and the doing of seruile workes vpon Sundaies and Holidayes which if they were not forbidden by humane lawes would not be vnlawfull And although a constitutiue precept of humane power may sometimes binde with danger of some great temporall losse as of goods libertie yea also of life yet the Ecclesiasticall law setting aside scandall and contempt which are forbidden by the law of God and nature doe seldome or neuer binde with very great temporall harme and therefore wee are not bound to abstaine from flesh in Lent or from doing seruile workes vpon Sundaies and holidaies when we are like to incurre thereby any probable danger of some great temporall hurt 45 The other is called a declaratiue precept which doth not of it selfe make but suppose and declare the thing which it forbiddeth to be vnlawfull as being before prohibited by some other former law as theft murder drunkennesse and such like which are otherwise forbidden by the law of God and nature And this kind of precept as well obserueth Suarex dependeth onely vpon the reason for which the act is commanded or forbidden or which is all one vpon the precedent law from whence all the obligation of the declaratiue precept doth proceed Insomuch that if the reason be not true and that there is no such precedent law or obligation as the declaratiue precept affirmeth to be the declaratiue precept hath no force to binde at all and with the same certaintie or probabilitie we are bound or not bound to obey a declaratiue precept as it is certaine or probable that there is or is not any other former bond and obligation 46 As for example his Holinesse doth by his Breues forbidde all English Catholikes to take the new oath of allegiance for that therein are contained many things which are cleerely repugnant to faith and saluation If therefore it be certaine or probable that nothing is contained in this oath which is repugnant to faith or saluation it is also certaine or probable that this declaratiue precept of his Holinesse which is grounded vpon this reason that something is contained therein contrary to faith and saluation is according to the doctrine of Suarez of no force to bind neither are English Catholikes by vertue of this declaratiue prohibition bound to refuse the said oath 47 Secondly I also shewed in that place that this declaratiue command of his Holinesse forbidding Catholikes to take the oath for that it containeth many things flat contrary to faith and saluation is such a declaratiue precept which is not grounded vpon any infallible reason or definition of the Church but onely vpon his opinatiue iudgement that his reason is true and that either his power to excommunicate and consequently his spirituall Supremacie is denyed in this oath which is very vntrue or that his power to depose Princes which is denyed in the oath is a cleere point of faith and necessarily included in his spirituall Supremacie and consequently the denyall thereof is plainly repugnant to Catholike faith Which being so it is manifest that wee are no further bound to obey this declaratiue prohibition of his Holinesse then we are bound to follow his opinion and to belieue that eyther his power to excommunicate or some such like is denyed in the oath or that whosoeuer denyeth his power to depose Princes denyeth the Catholike faith 48 Whereupon I concluded that considering neither his power to excommunicate or any such like is denyed in this oath as I haue prooued at large against Card. Bellarmine and others nor that his power to depose Princes which is expressely denyed in the oath is certaine and of faith the contrary doctrine being probable and also maintained by many learned Catholikes as partly also I haue already prooued by the testimonie of learned Catholikes before alledged and heere beneath by answering all my Aduersaries obiections I will make it more manifest Part. 1. per. tâ—tum there can bee made no doubt but that any English Catholike may with a safe conscience or without any crime of disobedience to his supreme spirituall Pastour or any preiudice to Catholike faith refuse to obey his Holinesse declaratiue command which is onely grounded vpon such an opinion which considering the contrary is probable and defended by many learned Catholikes may without any note of impudencie impiety or disobedience be reiected by Catholikes 49 Thirdly I also affirmed in that place that no Catholike doth onely for this cause take the oath or thinke it to be lawfull because the Kings Maiestie being of a contrarie Religion doth command it or thinke it to be lawfull as though those Catholikes who take the oath doe it onely vpon the Kings bare word affirming the oath to be lawfull and seeme thereby to preferre the opinion of a Protestant Prince in things which in some sort doe belong to Religion before the opinion of our supreme spirituall Pastour but because the Kings Maiestie being our lawfull Prince and Soueraigne Lord in temporals what religion soeuer hee professeth hath established an oath of allegiance to make a triall how his Catholike subiects stand affected towards him in point of their loyaltie and due obedience and commanded all Catholikes to take the same which oath learned Catholikes for probable reasons doe thinke to be truely in oath of temporall allegiance and to
chapter to prooue by the subordination of temporall things to spirituall that the Pope because he hath power to command and to dispose of spirituall things which as he said are the principall and to which temporall things are subordained hath power also to dispose of temporals and thereupon grounded his argument vpon that rule of the law The accessorie followeth the principall which argument neuerthelesse how weake and insufficient it is I haue shewed in that place yet Lessius doth not ground his argument vpon that rule The accessorie followeth the principall but vpon this maxime He that can doe the greater can doe the lesse from whence he concludeth that the Pope because he can excommunicate a King which is the greater punishment can also depose a King which is the lesse But this argument also is very insufficient for that the aforesaid maxime is not generally true as I prooued by foure instances except the lesse be actually or vertually included in the greater as deposition or the power to depose a King is neither actually nor vertually included in excommunication or in the power to excommunicate Therefore vnlesse it be first prooued as hitherto it hath not bene that deposition is actually or vertually included in excommunication or the power to depose in the power to excommunicate it is euident that no good argument can be drawne from that maxime He that can doe the greater can doe the lesse to proue that the Pope because he hath power to excommunicate a King which is the greater hath power also to depose him which is the lesse 13 Now you shall see how well Mr. Fitz. confuteth the foure instances I brought against Lessius argument This being so saith he c Nu. 67. pag. pag. 33. let vs examine a little what goodly arguments Widdring hath made to confront with the former to discouer the absurdity which he supposeth therein The first is Potest Papa Reges excommunicare ergo occidere The Pope may excommunicate Kings and therfore he may kill them whereto I answere as I did in the like before that he bewrayeth herein his malice seeking to draw vs to a most odious question supposing as it seemeth and maliciously insinuating that wee hold and teach that the Pope hauing excommunicated and deposed a King may murther him or cause him to be murthered and that some Popes haue practised the same as some shamelesse Sectaries haue impudently affirmed wherein he sheweth his good affection to Catholike Religion and the reuerend respect he beareth to the Sea Apostolike 14 But if he vnderstand nothing else by the word occidere but to take away the life of a delinquent by lawfull meanes I haue answered him already that if hee make the case his owne for with Princes liues I will not meddle I make no doubt but the Pope hath power ouer his life and therefore I also say further now concerning the argument whereof we treate that the consequence thereof is good in him and such a hee for seeing that it is a greater power to take away the life of the soule by excommunication then of the body by temporall death it followeth that the supreame Pastour hauing the greater power hath the lesse by reason of the subordination of the body to the soule and his supreame power to dispose of the body for the good of the soule and the publike benefite of the Church And thus much for this point 15 But to this Reply I will at this time answere no otherwise then I did before that in very deede it is a most odious question and the doctrine is worthie to bee hated and detested by all good Catholikes and whether such an odious detestable doctrine can be a most plaine necessarie cosequence of an vndoubted point of the Catholike faith as my Aduersaries will needes haue the doctrine for the Popes power to depose Princes and consequently to kill them which by an euident and necessarie consequence followeth from the former to be an infallible point of Catholike faith I remit to the consideration of any iudicious man Neither is it true that I did vrge this argument of malice God is my witnes and therefore in this my Aduersarie doth greatly wrong me neither doe I suppose or maliciously insinuate that some Popes haue practised the murthering of Kings as this vncharitable man vntruly affirmeth thinking thereby to perswade his Reader that I beare no good affection to Catholike Religion nor any reuerend respect to the Sea Apostolike but that which I suppose and insinuate is that he the rest of his Societie who hold that the Pope hath power to dispose of all the temporals both of Princes and subiects in order to spirituall good in as ample a maner as temporal Princes haue power to dispose of all the temporals of their subiects in order to temporall good must consequently hold that the Pope hauing excōmunicated deposed by his sentence an heretical King yea also without excōmunicatiō or deposition if the Pope shal think that neither of them wil preuaile but cause the said King to be more watchful may which I speak with horror murther him or cause him to be murthered that is may kil him or cause him to be slaine by all those meanes publike or secret by which a temporal Prince hath power to murther or cause to be murthered that is to kill or cause to be slaine any traiterous subiect or manifest rebel that cānot easily be apprehēded 16 And this I did demonstrate in my d Nu. 43 s Apologie against Cardinall Bellarmine to which my demonstration D. Schulckenius e In Apol ad nu 43 p. 144. answereth no otherwise then with a transeat let it passe For whither all this doth tend saith hee euery man seeth neither is it hard to solue the arguments Let them passe as making nothing to the matter and then hee maketh a long discourse to shew that neuer any Pope hath beene the cause of the death of any King which is nothing to the purpose so that in effect he granteth my argument and Suarez f In Defens c. l. 9. c. 4. n. 10 See my Appen against Suarez part 1. sec 9. hath now more expresly taught the same and my Aduersarie also doth heere plainly confirme as much for although forsooth with the liues of Princes he will not intermeddle because it is an odious question yet he maketh no doubt but that the Pope hath power ouer my life and ouer the life of any Christian marke these generall words for that he hath power to take away the life of my soule by excommunication and consequently the life of my body by corporall death which his reason proueth also the same of Christian Princes who according to his own grounds can be excōmunicated by the Pope But I'meruaile where this man hath learned this new diuinity that the Pope hath power to take away the life of the soule by excommunication The ancient and true Catholike doctrine
raise 58 Another slander not much vnlike to the former doeth this Doctour vnconscionably impose vpon mee in his wordes immediately following Neere also or adioyning to his saith this Doctour h pag. 563. is that which Widdrington teacheth in the number 460. that the Pope in his opinion then subiect to the Emperour and as subiect might and really did with the tacite er expresse consent of the people of Rome lawfully and with validitie take away the Empire of the West from the Emperour of Constantinople and transfer it to Charles the great For how little a part of the Empire was then the people of Rome or what power had they in the election of the Emperour From this therefore it doeth euidently and necessarily follow that euery subiect with the tacite or expresse consent of one Citie that also which hath no voyce or suffrage in the election of the King may depriue his true lawfull and naturall Prince either of all his dominion or of part whereby truly is opened a most broad way to seditions conspiracies rebellions and reuoltings 59 But truly I cannot but greatly meruaile how this my Aduersarie by his Degree a Doctour and by his function a Priest is not ashamed to teach contrarie to his profession such palpable vntrueths and so fowly grosly and shamefully to corrupt my wordes and meaning And therefore whereas in most places hee is very carefull to set downe my expresse words or in some sort the sense of them heere least the Reader should presently perceiue his corrupt dealing hee cleane omitteth to set them downe for almost 40. pages together to wit from the number 413. to 463. wherein I amply declared in what manner the Pope and people of Rome translated the Romane Empire to Charles the great with other obseruations concerning the facts of Popes in deposing Emperours and Princes and why there are so many Authours whose bookes are extant that fauour the doctrine for the Popes power to depose Princes all which this Doctour passeth ouer with silence For as I haue shewed aboue i Cap. 3. nu 37. seq I prooued there most cleerely by the testimonies of many learned Authours first that the translation of the Romane Empire from the Grecians to Charles the great was done not onely by the authoritie of the Pope but also of the Senate and people of Rome with the expresse or tacite consent of all the people of the West and that none of the Authours brought by Cardinall Bellarmine doe contradict the same And secondly that the Pope and people of Rome and of the Westerne Empire were not at that time subiect to the Grecian Emperour for that hee had then the Romane Empire as forsaken and abandoned and that therefore the Romane and Westerne Prouinces being left to themselues might choose what Emperour they pleased according to Card. Bellarmines expresse doctrine which I there related 60 Consider therefore good Reader with what conscience this Doctour affirmeth me to say that the Pope in my opinion then subiect to the Emperour and as subiect with the consent of the people of Rome might lawfully depriue the Grecian Emperour of the Westerne Empire and transferre it to Charles the great from whence it euidently folleweth saith he that euery subiect with the consent of one Citty yea and of that Citty which hath no suffrage in the choosing of the King may depriue their true lawfull and naturall Prince either of his whole dominion or of part thereof For I neuer affirmed either that he Pope or people of Rome were then really and in very deed subiect to the Emperour of Greece who had the Romane Empire for abandoned and forsaken or that the whole common wealth being subiect and as subiect much lesse one Citty or Prouince had authoritie ouer their Prince to iudge him depose him or to change the manner of gouernment That which I affirmed is that the common wealth it selfe in case it hath no Prince and consequently is then supreme it selfe and not subiect to any Prince and not that people subiect as this Doctour faigneth haue power I doe not say to iudge or depose their King as hee also shamefully affirmeth mee to say for that the Common wealth in that case hath no King but to choose to them a King or to change the manner or gouernment from a Monarchie to Democratic Aristocratic or mixt And this I affirmed Cardinall Bellarmine to auouch when he teacheth that the supreame temporall power is by the law of nature in the whole multitude or common wealth when they haue no King or Superiour ouer them and that by the same law of nature they man transferre it from the whole multitude to one only or to more and that therefore they may change the Monarchie into Aristosratic or Democratic and contrariwise as we see it was done at Rome 61 Neither can it with any probabilitie be denied that the Citty of Rome which was the chiefe Imperiall Citty and Metropolis of the Romane Empire that is the Pope Senate and people of Rome had by right a great sway in the election of their owne Emperour albeit the armie did de facto commonly choose him to which election the Senate and people of Rome did either willingly or for feare giue their consent and that therefore the Pope Senate and people of Rome with the consent either expresse or tacite of the rest of the Westerne Prouinces had fell power and authoritie to choose to them an Emperour supposing they were left to themselues and forsaken and abandoned by the Emperour of Greece and this is agreeable to Card. Bellarmines doctrine But that one only Subiect or one Citty which is a small part of the kingdome yea or that the whole kingdome it selfe may lawfully and rightly depriue of the whole kingdome or of any part thereof their lawfull King being neither condemned nor heard nor accused yea may lawfully condemne him although he be heard or accused I neuer affirmed neither doth it follow from my doctrine neuerthelesse that euery faithfull subiect is bound to doe in the like case that which Ioiada did either in deposing or killing Athalia this I doe constantly affirme neither can any Catholike deny the same without note of teaching a most false a most scandalous and a most seditious doctrine 62 And therefore I remit to the iudgement of Christian Kings â—nd subiects what censure those last words of this Doctour doe deserue Also that euery faithfull subiect is bound to doe that which Ioiada did in kilâ—ing Athalia Bellarmlne neuer taught it doth not follow from Bellarmines doctrine all Catholikes doe abhorre and detest it and among them without doubt Bellarmine I omit to examine at this present what title Charles â—he great had either by hereditarie succession or by the right of conâ—uest to the Westerne Empire before this translation and what reall â—ower authoritie and dominion this translation gaue to Charles the great for that he and his Father Pipin had before
so good sincere and zealous a Catholike and yet lyeth lurking and schulking vnder another mans name of purpose as it seemeth to lash out more freely contumelious words which in his owne name he would blush to vtter for otherwise he needed not to disguise himselfe for feare of incurring the displeasure of Princes for the doctrine he teacheth so preiudiciall to their temporall Soueraigntie which also he will needes haue to be forsooth an vndoubted point of Catholike faith both for that he being a man of so high a ranke and place and liuing out of their dominions and subiection can by their indignation taken against him receiue but little harme and also for that he teacheth heere little or nothing in preiudice of their Soueraigne authority which he did not long before in his owne shape and name without putting on any maske or vizard in very plaine words maintaine But in what an exorbitant manner the Court of Rome doth proceede against those Catholikes who for desire to know the truth in matters of greatest moment speake or write any thing be it with neuer so great submission which seemeth in their opinion to derogate from that authoritie which some Popes of late yeres haue claimed as due to them although it is and euer hath beene contradicted by learned Catholikes it is too too manifest and their proceedings against mee and my bookes in commanding mee vnder paine of Censures to purge my selfe foorthwith and yet giuing mee no notice of any crime which I haue committed or any bad doctrine which I haue taught albeit I haue oftentimes with great instance desired to know the same protesting to purge and recall whatsoeuer I ought to purge and recall doth sufficiently confirme the same But now secondly to the matter from whence the virulent speeches of this Doctor hath caused mee to make this digression 21 Card. Bellarmine in his Controuersies laboured to prooue from the nature of euery perfect and well instituted Common-wealth Bell. lib. 5. de Rom. Pont. cap. 7. which ought to haue all sufficient and necessary authoritie to the attaining of her end that the Church of Christ must haue authoritie to vse and dispose of temporalls and consequently to inflict temporall punishmēts and to depose temporall Princes for that this authoritie is necessary to her spirituall end which is the saluation of soules because otherwise wicked Princes might without punishment nourish heretickes and ouerthrow Religion To this argument I answered in my Apologie Apolog. 176. seq graunting to Card. Bellarmine that euery perfect and well instituted Common-wealth ought to haue alwaies sufficient authority for as much as concerneth the authoritie it selfe to the attaining of her ende although she hath not alwaies sufficient power force meanes or abilitie actually to obtaine the same and to remooue all impediments which may hinder the same And so the Church of Christ being a perfect and well instituted spirituall Common-wealth hath all sufficient spirituall authority forasmuch as concerneth the authority it selfe to the attaining of her spirituall and which is the sauing of soules albeit she hath not alwaies sufficient power meanes or ability actually to bring all men to saluation to take away all the lets that may hinder the obtaining thereof But withall I denied that the authoritie to vse and dispose of temporall things or to inflict temporall punishments is necessary in spirituall Pastours to the sauing of soules but that the authority to vse and dispose of spirituall things and to inflict spirituall Censures or punishments is sufficient in spirituall Pastours to bring soules to saluation forasmuch as concerneth the authority and punishment themselues 22 Neither doth it therefore follow as Card. Bellarmine pretended to conclude that if the Church hath not authority to vse and dispose of temporalls and consequently to depose temporall Princes wicked Princes might without punishment nourish heretickes and ouerthrow religion For the Church by her spirituall authority may punish them grieuously with Ecclesiasticall Censures which punishments are so great and dreadfull that of themselues they are able to terrifie any Christian Prince and to withdraw him from euill But if some Christian Prince for want of due consideration bee not terrified with Ecclesiasticall Censures the spirituall authority of the Church cannot inflict vpon him any temporall or ciuill punishment for that the onely and last punishment which the Church or which is all one the spirituall Pastours thereof by the institution of Christ can inflict is Excommunication or some such like spirituall Censure or punishment Thus I answered in my Apologie 23 Now D. Schulckenius to confute this my answere flyeth from Card. Bellarmines reason grounded vpon the nature of euery perfect and well instituted Common-wealth which reason I tooke vpon mee in that place to confute to the Decree of the Councell of Lateran which is his common skar crow For when he cannot confute the answere which I giue to any reason or authority brought by Card. Bellarmine to prooue the Popes power to depose Princes then his custome is to flye from that reason or authority to the Decree of the Councell of Lateran as though that onely Decree of the Councell of Lateran of which Card. Bellarmine in his Controuersies made no account at all were now a sufficient proofe to make good all his other reasons and authorities which Decree neuerthelesse he expoundeth according to his priuate spirit contrary to the words and true meaning of the same Councell and in stead of the Lateran Councell which I doe not impugne he would thrust vpon Catholikes his owne opinion which he violently wresteth from the words of the Councell 24 For as I haue often told him I am a true and sincere Catholike yea and a farre truer then he himselfe is if he build his Catholike faith vpon such weake and fallible grounds which some Catholike◠vnderstand in one sense and some in another it being well knowne to all learned Catholikes that the Catholike faith which is infallible cannot be built vpon vncertaine and fallible grounds and which are in controuersie among Catholikes but vpon vndoubted grounds and so acknowledged by all true and learned Catholikes So likewise I haue often told him that I doe giue all dutifull honour and respect to all the Decrees of any approoued Councell either touching faith or manners and I doe reuerence euery one of them in their due place and order but euery exposition which either Card. Bellarmine or any other priuate Doctour who may both deceiue and be deceiued maketh of any Decree of the Councell of Lateran or of any other Councell especially when other Doctours expound that Decree otherwise I doe not account to bee any good ground or rule of a true Catholike faith And therefore it is not true that I doe freely contradict the Decree of the Councell of Lateran but I doe freely contradict his priuate exposition of the Decree of that Councell it being contrary to the true sense and meaning of the wordes
hitherto he hath brought are only to demonstrate both the weakenesse of his cause and also his fraud and ignorance in dissembling the true state of the question in almost euery particular difficultie and confounding his Readers vnderstanding with ambiguous words and sentences which being once explained and the ambiguitie of them laid open doe foorthwith discouer either his want of learning or sinceritie as you may see almost in euery Chapter Neither is this his new coined Catholike faith concerning the Popes power to depose Princes agreeable to the vniuersall and continuall custome of the Catholike Church both for that this custome I doe not say of the Church but of some Popes to depose Princes began first by Pope Gregorie the seuenth Onuphr lib. 4. de varia creat Rom. Pont. who was the first Pope saith Onuphrius that contrarie to the custome of his Ancestours deposed the Emperour A thing vnheard of before that age and also for that it hath beene euer euen vnto this day contradicted by learned Catholikes and therefore neither in regard of time or persons can it bee called vniuersall neither can it be conuinced either by the holy Scriptures the practise of the Apostles the decrees of Popes or Councells or any one constitution of the Canon law What Cardinall Bellarmine hath proued against D. Barclay hath beene answered by Mr. Iohn Barclay to whose booke neither Card. Bellarmine not any other for him can in my iudgment make a sufficient Reply and what D. Schulckenius hath prooued against me you haue seene partly in this Treatise and partly in the Discouerie of his calumnies wherein I haue cleerely shewed all the arguments he bringeth to accuse me and my doctrine of heresie to be slanderous and himselfe to bee void of all Christian sinceritie modestie iustice and charitie 114 And as for D. Weston because his zeale is so furious his railing so intemperate and his arguments of so little force and for that very few of our Countrymen for ought I can learne are greatly moued but most men much scandalized with his vncharitable vnlearned and immodest Reply howsoeuer Mr. Fitzherbert expecting be like the same from him doth so exceedingly extoll it I thinke it neither needefull nor expedient vnlesse I should answere him in his railing humour according to the aduice of the wise man respondeaâ— stulto iuxto stultitiam suam which some vncharitable spirits who seeke all meanes to disgrace me would quickly reprehend in me to make him any formall answere especially seeing that all the arguments hee hath scraped together the chiefe heads whereof are heere in generall mentioned by my Aduersarie to wit the holy Scriptures and many examples of the Churches practise as diuers kinde of diuorces relaxation of debts exemption of children from the power of their Parents the abrogation of temporall and Ciuill lawes the dissolution of contracts and bargaines the imposition of temporall penalties and the right which spirituall Pastours haue to haue corporall maintenance and to take water to baptize children haue beene by me alreadie either in particular or in generall sufficiently answered 115 For first his arguments taken from the authoritie of the holy Scriptures I haue answered in particular and secondly all his other proofes and examples which are grounded vpon the practise of the Church and the Canons of Popes or Councells are to be vnderstood either of the disposing of spirituall things as of the conditions and impediments of Matrimonie which is not a meere ciuill contract but also a Sacrament and spirituall contract representing the vnion and coniunction of Christ our Sauiour with the mysticall body of his Church and therefore because it is both a Sacrament and also a ciuill contract it is now the more common opinion of Diuines p See Zanche lib. 7. de matrim disp 3. that Secular Princes if wee regard the nature of ciuill power haue also authoritie to ordaine the conditions and impediments of Matrimonie as it is a ciuill contract And although the Popes haue now reserued to themselues all causes belonging to Matrimonie in so much that Christian Princes cannot now lawfully dispose of the conditions and impediments of Matrimonie yet Petrus a Soto is of opinion Petr. Sot lec 4 de matrim versus finem that the Pope cannot depriue Princes of this their ciuill authoritie but that they of their owne accord and mooued by pietie haue yeelded to this reseruation of the Pope in regard that marriage is not onely a Ciuill contract but also a Sacrament of the Church or else they are so to bee vnderstood that they did confirme the Imperiall and Ciuill lawes or that they were made by the authoritie and expresse or tacite consent of temporall Princes or that they did declare the law of GOD and nature by which wee are commanded to auoide all probable danger of sinne or that they did only command and enioyne not inflict temporall penalties or finally that they did only argue a priuate right to some temporall thing but not by way of authoritie or superioritie to dispose of the same as not onely Priests but also priuate lay men may lawfully take another mans water to baptize a childe in extreame necessitie and spirituall Pastours haue a right to bee corporally releeued by them to whom they minister spirituall things as Saint Paul prooueth 1. Corinth 9. and in the ende concludeth So also our Lord ordained for them that preach the Gospel to liue of the Gospell 116 And can any iudicious man perswade himselfe that if Mr. Fitzherbert had thought in very deede these arguments of D. Weston to bee such conuincing proofes and demonstrations as in wordes hee boasteth he would for breuities sake haue forborne to vrge some of them in particular seeing that hee did not forbeare for breuities sake to take the greatest part of sixe or seuen chapters of this his Reply which containeth only seuenteene Chapters in all out of Fa Lessius masked vnder D. Singletons name concerning the Canon of the Councell of Lateran and by that decree touching the exemption of Children which he hath singled out of the rest for that as I imagine it was also greatly vrged by Fa. Suarez to which aboue I haue fully answered you may easily coniecture what kinde of demonstrations are contained in the rest Wherefore to conclude this Chapter if the Reader will but briefly reduce to some syllogisticall forme or methode all the Rhetoricall flourish which Mr. Fitzherbert hath heere made concerning the law of Nature it will presently appeare that hee hath prooued nothing else by the law of Nature then that spirituall things are more perfect excellent and worthie then temporall and that the temporall common-wealth is in perfection worth and nobilitie subiect and subordinate to the spirituall but that Religious Priests haue authoritie to punish the Ciuill Common-wealth or supreame gouernours thereof especially with temporall punishments he hath no way proued by the law of Nature but the flat contrarie I haue most cleerely conuinced
and dreadfull punishments Wherefore Cardinal Bellarmine himselfe doth in expresse words affirme t Lib. 3. de Eccles c. 6. that there is no greater punishment which can be inflicted by the Church then is Excommunition and againe u Lib. 3. de Laic c. 22. Aug. l. 1. contra Aduersar leg proph c. 17. that Excommunication is a greater punishment then corporall death and to this purpose hee citeth Saint Augustine affirming that it is more horrible to be deliuered ouer to Sathan by Excommunication then to be strucken with the sword to be consumed by fire or to be deuoured by wilde beasts 42 Now to this answere D. Schulckenius replieth in this manner x Pag. 357. I doe not see saith he in what thing Cardinall Bellarmine doth according to Widdringtons iudgement contradict himselfe That Excommunication is greater then all temporall punishments Bellarmine did write which is most true and no man vnlesse he be impious or madde can deny it but not therefore did he ill or contrary to himselfe write that it is necessary for the Church to haue power to dispose of temporals least that the Prince may without punishment nourish heretickes and ouerthrow religion For many are more afraide of temporall punishments then of Excommunication although this be without comparison the greater as boyes are more afraide of the rod then of loosing their inheritance And this is the cause why the Councell of Lateran cap. 3. did command that Princes who nourish heretickes should first be excommunicated and afterwards if this remedy doth not auaile that the subiects be absolued from their oath of allegiance and their territories be deliuered ouer to others to be possessed by them What will Widdrington say here that a Councell of the whole world was ignorant of the greatnesse of Excommunication or that she did contradict her selfe when she wrote those things Truely prudent men will condemne Widdrington of temerity and ignorance and will not in any wise reprehend the Councell Besides as the Councell of Lateran against those who are ignorant of the greatnesse of Excommunication doth command that the fauourers of heretickes be first excommunicated and afterwards depriued of their temporall dominions so contrariwise the Councell of Trent sess 25. cap. 3. against those who do know the greatnesse of Excommunication commaundeth first that malefactours be punished with temporall punishments with imprisonment exile pecuniary mulcts and at last if these doe not auaile to be strucken with the dart of Excommunication Neither doth the Councell of Trent contradict the Councell of Lateran or contradicteth her selfe or knoweth not the force of Excommunication But my Aduersary Widdrington who contemneth the decrees of so great Councels and yet professeth himselfe to be a Catholike is by his words repugnant to his profession 43 Obserue now good Reader the fraud and falshood of this man And first hee doth not see forsooth how Cardinall Bellarmine contradicteth himselfe in yeelding the reason why it is necessary that the Church haue power to dispose of temporals to wit for that otherwise wicked Princes might without punishment nourish heretikes and ouerthrow religion as though he were so blind that hee cannot see light at-noone dayes For what a more manifest contradiction can there bee then this that Excommunication is the greatest punishment that may be and yet that a Prince who is excommunicated for fauouring heretickes doth fauour heretickes without being punished But many men saith this Doctour are more afraide of lesser punishments then of greater as of corporall punishments more then of Excommunication as children are more afraid to be whipped then to be disinherited And what then Can any man of vnderstanding inferre from hence that therefore a Prince who is excommunicated for fauouring heretickes is not most grieuously punished or that a boy who is disinherited for his misdemeanor is not more grieuously punished then if he had beene onely whipped for the same 44 And by this the Reader may easily perceiue how true that is which this Doctour said aboue that the dictinction which I made there concerning the sufficiency of Ecclesiasticall power and of Ecclesiasticall Censures to bring soules to eternall saluation in regard of the power and of the Censures themselues and in regard of all other things which on the behalfe of the subiect or otherwise are required that the Ecclesiasticall power and Ecclesiasticall Censures doe actually worke their effect that is actually withdraw wicked Christians from sinne and so actually saue their soules doth little or nothing make to the saluing of Cardinall Bellarmines argument Seeing that you now thereby see most plainly that the spirituall power is of it selfe so great and Ecclesiasticall or spirituall punishments are of themselues so dreadfull and terrible that they are of themselues sufficient to withdraw any man from his wicked life And that therefore if this spirituall coerciue power and these spirituall Censures or punishments be of themselues sufficient for the spirituall end no other power of the Church to inflict temporall punishments is necessary to obtaine the same end for if spirituall punishments be sufficient temporall punishments are not necessary as any man of meane vnderstanding who knoweth the difference betwixt sufficient and necessary may easily perceiue And if any man be so wilfull that he is not terrified with Ecclesiasticall Censures it is not by reason of their insufficiency but by reason of the malice of the person and the indisposition of the subiect for to vse this Doctors owne words aboue it is their fault and not the Popes seeing that he applieth remedies and punishments which are effectuall of themselues if they thēselues will admit them And what if the Prince whom this Doctor saith the Pope hath power to depose doth not regard his sentence of deposition what other remedie trow you wil this Doctor faigne that the Pope hath authoritie afterwards to apply vnlesse he will say that hee must then haue sufficient force and might to thrust him by head and shoulders as the prouerbe saith out of his kingdome 45 Secondly neither did the Councell of Lateran nor of Trent inflict or impose temporall punishments for that reason which Cardinall Bellarmine heere giueth to wit because they thought that Christians who were excommunicated for fauouring heretickes or other crimes were not most grieuously punished and consequently that they might therefore by their spirituall power dispose of temporalls and inflict temporall punishments because otherwise they might fauour heretickes and commit other crimes without being punished as Cardinall Bellarmine did argue in his aforesaid reason for then the said Councells must also haue granted that Excommunication is not a most grieuous punishment yea and no punishment at all and so they must haue contradicted themselues and the receiued doctrine of the Church for that no man vnlesse hee bee impious or mad as this Doctour heere affirmeth can deny that Excommunication is more grieuous then any temporall punishment but the reason is because both the Councell of Trent and
also of Lateran or at least wise Pope Innocent in the Councell of Lateran perceiuing that many sensuall men are more afraide of sensible and temporall punishments then of spirituall therefore to withdraw them more easily from sinne they commanded enioyned and imposed by their spirituall authoritie as it is directiue corporall and temporall punishments which sensuall men doe most abhorre and also they inflicted the same punishments not by their spirituall authoritie as it is coerciue which is extended onely as I haue often said to Ecclesiastical Censures but by the temporall authoritie which they haue receiued from the expresse or tacite consent graunt and priuiledges of temporall Princes seeing that it is well knowne as I haue related elsewhere out of Iohn Gerson Gerson de potest Eccles considerat 4. that Princes out of their deuotion haue giuen to the Cleargie great authoritie of temporall Iurisdiction 46 Thirdly obserue the goodly reason that this man bringeth why the Councell of Lateran began first with spirituall punishments and the Councell of Trent with temporall For that saith hee the decree of the Councell of Lateran was made against those who knew not the greatnesse of Excommunication and the decree of the Councell of Trent was made against those that knew the greatnesse thereof as though either Christian Princes or people knew not the greatnesse of Excommunication at the time of the Councell of Lateran or that either in very truth or according to the Doctrine of Cardinall Bellarmine Suarez and other vehement maintainers of the Popes power to depose Princes or in the iudgement of this Doctour himselfe it be commendable or lawfull first to depose Princes and to thrust them out of their kingdomes and afterwardes to excommunicate them and to declare them to be accounted as Heathens and Publicanes Be like this Doctour is perswaded that all his idle conceits must goe for an vndoubted oracle But he is deceiued for howsoeuer his fauourites will applaude all his sayings esteeming him as an other Pythagoras yet other men will require of him a more sufficient reason then a bare ipse dixit 47. Lastly it is not true that the Councell of Lateran did first commaund that Princes who fauour heretikes should be excommunicated and afterwards if this remedie did not auaile their subiects should be absolued from their allegiance because in that decree there is no mention made of Princes but onely of inferiour Officers and Magistrates But of this Decree we shall haue occasion to treate anon more at large As also it is a slaunder vsuall in this mans mouth that I contemne the foresaid decrees of the Councell of Lateran and of Trent which I doe reuerence with as much respect as he or any other Catholike ought to doe albeit I must needes confesse that although this Doctours interpretation of those decrees I doe not contemne for this is a word of arrogancie yet truely I doe not much regard vnlesse he shall bring better reasons to confirme the same then hitherto he hath brought And thus you see part of the answere I made to Cardinall Bellarmines second reason which afterwards I did prosecute more at large and in the end I did briefly insinuate how insufficiently Father Parsons grounding himselfe chiefly vpon this second argument of Cardinall Bellarmine did satisfie the Earle of Salisburies complaint 48 For the Earle of Salisburie saith Father Parsons y In the Preface to the Treatise tending to Mitigation nu 19. hath bin a long time sorrie that some cleere explication of the Papall authoritie hath not bin made by some publike and definitiue sentence orthodoxall c. That not onely those Princes which acknowledge this superioritie might be secured from feares and iealosies of continuall treasons and bloodie Assassinates against their persons but those Kings also which doe not approoue the same and yet would faine reserue a charitable opinion of their subiects might know how farre to repose themselues in their fidelitie in ciuill obedience howsoeuer they see them diuided from them in point of conscience c. Now to this complaint or desire of the Earle of Salisbury to haue the matter defined and declared Father Parsons answereth that among Catholike people the matter is cleare and sufficiently defined and declared in all points wherein there may be made any doubt concerning this affaire And for the clearing of the whole matter he diuideth it into three questions 49 The first is whether any authority were left by Christ in his Church and Christian Common-wealth to restraine or represse censure or iudge any exorbitant and pernicious excesse of great men States or Princes or that he hath left them remedilesse wholy by any ordinarie authoritie And to this question the substance of his answere is this that as in all other common-wealths that are not Christian all Philosophers and other men of soundest wisedome prudence and experience either Iew or Gentile haue from the beginning of the world concurred in this that God and nature hath left some sufficient authoritie in euery common-wealth for the lawfull and orderly repressing of those euils euen in the highest persons So when Christ our Sauiour came to found his Common-wealth of Christians in farre more perfection then other states had beene established before subiecting temporall things to spirituall according to the degree of their natures ends and eminencies and appointing a supreme vniuersall Gouernour in the one with a generall charge to looke to all his sheepe without exception of great or small people or potentates vpon these suppositions I say all Catholike learned men doe ground and haue euer grounded that in Christian Common-wealthes not only the foresaid ordinary authoritie is left which euery other state and kingdome had by God and nature to preserue and protect themselues in the cases before laid down but further also for more sure orderly proceeding therin that the supreme care iudgement direction and censure of this matter was left principally by Christ our Sauiour vnto the said supreme Gouernour and Pastour of his Church and Common-wealth And in this there is no difference in opinion or beliefe betweene any sort of Catholikes whatsoeuer so they be Catholikes though in particular cases diuersitie of persons time place cause and other circumstances may mooue some diuersitie of opinions And thus much of the first question 50 The second question may bee about the manner how this authoritie or in what sort it was giuen by Christ to his said supreme Pastour whether directly or indirectly immediately or by a certaine consequence And to this question he answereth that albeit the Canonists doe commonly defend the first part and Catholike Diuines for the most part the second yet both parts fully agree that there is such an authoritie left by Christ in his Church for remedie of vrgent cases for that otherwise hee should not haue sufficiently prouided for the necessitie thereof So as this difference in the manner maketh no difference at all in the thing it selfe 51 The third
euery Princes lawes is extended onely to his owne subiects Whereupon it followeth necessarily that albeit the Canons of Generall Councells being made in generall termes may comprehend all Christian men aswell absolute Princes as others forasmuch as concerne spirituall matters and the inflicting of spirituall punishments because in these all Christians are subiect thereto yet considering that it is probable that Christian Princes in temporall matters and for as much as concerneth the inflicting of temporall punishments are not subiect to the spirituall power of the Church it is also probable that the Canons of Popes or Councells made in generall tearmes concerning temporall affaires as are the inflicting of temporall punishments cannot comprehend temporall Princes who in these are absolute and supreame and not subiect to the spirituall power of the Church which as I haue shewed before doeth extend to the inflicting onely of spirituall punishments Which being so the Reader may cleerely perceiue that the argument I brought from the Emperours constitution is not absurd but very probable and that the absurditie which his foule mouth so often casteth vpon mee falleth vpon himselfe For that which I in bringing that argument intended to affirme was this that for the same reason for which those generall words Dominus temporalis Dominus principalis or non habeus Dominum principalem did not in the decree of Frederike comprehend either himselfe who was not subiect to his owne law at leastwise as it is coerciue or absolute Princes for that they were not subiect to him at all the same generall wordes in the Canon of the Councell for as much as concerneth the inflicting of temporall punishments doe not comprehend absolute Princes for that they are subiect to the authoritie of the Church onely in Spirituall matters and not in temporall as are the inflicting of temporall punishments 42 Wherefore I doe not restraine the sense of the Canon to the limits of the Emperours temporall power as Mr. Fitzherbert very grosely imposeth vpon mee but I restraine the sense of the Canon thus that if all Christian Princes had made the like law and in the same forme of words as Fredericke did then I say that all these lawes had beene a cleare confirmation of the sense and meaning of the Canon of the aforesaid Councell and that those generall wordes Dominus temporalis Dominus principalis and non habens Dominum principalem in all these lawes together made by all Christian Princes had signified the selfe same persons and no others then now they signifie in the decree of the Councell For that which I contend is that it is probable that this Canon forasmuch as concerneth the inflicting of temporall punishments was made by the Councell not as it had spirituall but onely as it had temporall authoritie or which is all one not by vertue of the spirituall power of the Church but by the authoritie and consent of all temporall Princes whose Ambassadours were present thereat because it is probable as I haue shewed aboue out of many learned Catholikes that the spirituall power of the Church doeth not extend to the inflicting of temporall punishments but onely of spirituall Whereby it is euident that albeit Emperours Kings and all other absolute Princes and inferiour Lords are subiect alike to the decrees of Generall Councells yea and of Prouinciall Councells held in their owne kingdomes in matters spirituall yet they are not subiect alike to the Decrees of generall Councells wherein temporall matters as are the inflicting of temporall punishments are decreed for that these decrees are made by the authority and consent of absolute Princes to whom onely all other inferiour persons are subiect in temporall affaires And heereby all that which Mr. Fitzherbert addeth in the rest of this Chapter is already satisfied 43 So as you see saith hee i p. 146. nu 17. what probable arguments Widdrington giueth vs whiles neuerthelesse nothing will satisfie him from vs but demonstrations and therefore whereas I signified all this in effect in my Supplement hee taketh no formall notice of it but onely as it were glanceth at it in a word or two saying as you haue heard before Dicere Imperatorem c. To say that the Emperour did not include Kings in those wordes of his law and that the Pope did meane to doe it in the Canon is to say so but not to demonstrate So hee requiring as you see a demonstration of this point and craftily concealing and dissembling the reason that I gaue for my assertion in my Supplement as if I had giuen none at all but onely had barely said that Dominus temporalis in the Emperours law is not to be vnderstood of Kings as it is to bee taken in the Canon whereas you see the reasons which I haue giuen of the difference of the one and the other being grounded vpon the different power of the Generall Councell and the Emperour is so pregnant and cleare that it may serue for a demonstration to any Catholike man of iudgement 44 For I thinke it is not more cleare to any such that two and two make foure then that Dominus temporalis is a generall tearme including absolute Princes as well as other Lords and that they are included in those words of the Canon because they being members of Christs Church are as subiect to a generall Councell as the meanest temporall Lord in Christendome As also it is no lesse cleare that Dominus temporalis in the Emperours constitution can be extended no further then to such temporall Lords as were some way subiect to him which my Aduersary himselfe acknowledgeth albeit he absurdly denieth that the same words in the Canon are to be vnderstood of Kings 45 But first whether my arguments and answeres bee probable or no and whether that foule aspersion of absurditie wherewith Mr. Fitzherbert so often chargeth me doth fall vpon his owne arguments and answeres or vpon mine I must remit to the iudgement of the learned Reader Secondly no learned man can denie but that to prooue any doctrine to be certaine and of faith it is necessary to bring demonstrations and conuincing proofes and that to prooue any doctrine to bee probable and the contrary not to be certaine nor of faith it sufficeth to bring onely probable arguments and answeres and therefore it is no maruaile that I expect at my Aduersaries hands cleare demonstrations and inuincible proofes seeing that they take vpon them to prooue their doctrine to be certaine and of faith whereas it sufficeth for mee that onely take vpon me at this time to shew their doctrine not to bee certaine and of faith to bring probable arguments and answers 46 Thirdly it is not true that I haue craftily concealed and dissembled the reason that he gaue in his Supplement why the words Dominus temporalis should in the Canon of the Councell comprehend absolute Princes and not in the Emperours constitution For all that hee laboureth as you haue seene to prooue in his
vnder the generall name of Priests or Clearkes nor Abbots vnder the generall name of Monkes nor Kings vnder the generall name of Lords Gouernours or Landlords he must according to his owne confession grant that I haue reason to exempt Emperours Kings and absolute Princes from the Canon of the Lateran Councell 34 Neither did I ground this my doctrine vpon the Canon Quia periculosum wherein it is decreed that in the case of Suspension Interdict Bishops are not comprehended vnder any generall words whatsoeuer vnlesse they be expressed by the name of Bishops but vpon the authorities aforesaid chiefly vpon that reason which Mr. Fitzher himselfe acknowledgeth to be most true that all lawes are to be vnderstood according to the power of the Law-maker and that therefore the obligation of euery Ecclesiasticall Canon is extended onely to those who are subiect to the spirituall authority of the Church as absolute Princes are not in meere temporall matters as is the inflicting of temporall punishments for what cause crime or end soeuer they be inflicted according to the probable doctrine of many learned Catholikes whom I haue named aboue in the first part of this Treatise and defended them from the friuolous exceptions which D. Schulckenius hath made against them 35 Finally saith Mr. Fitzherbert whereas Widdrington saith that the Synode would haue specified Princes by that name as well in this Canon if it had meant to include them therein as it did in some other Canons and Decrees concerning other matters who seeth not the vanitie of this coniecture For why should they be named more particularly then they are seeing that they are sufficiently comprehended in the generall tearme of Dominus temporalis a temporall Lord k He might as wel haue translated it a temporall Landlord n To wit no temporal Landlord aboue thē but the King which is also sufficiently explicated in this very Canon wherein we see that a temporall Lord l He might as well haue said a tempprall Landlord for Dominus temporalis signifieth both is diuided into two sorts the one of those who haue principall Lords m And also Landlords aboue them and the other of such as haue none of which sort are all absolute Princes that hold of none p And also other principall Landlords who haue no principall Landlord aboue them but the King who is not comprehended in odious matters vnder the name of a Landlord and therefore seeing that such are declared by the Canon to be subiect to the penaltie no lesse then those who holde of others it was needlesse to name them in other manner But belike my Aduersary will take vpon him not onely to interprete the Councell but also to teach it how to speake and what words to vse or else it must be of no force 36 No Mr. Fitzherbert God forbid that either I who professe my selfe to be a Catholike should be so arrogant as to take vpon mee to teach the Councell how to speake or what words to vse or that you who professe to be a teacher and to instruct others in this difficult controuersie which you will needes make a point of faith should bee so ignorant as not to know that the sense and meaning of the Councell is to be gathered from the sense and propertie of the words and that by the words we are taught what is the sense meaning of the Councell Now I haue sufficiently shewed before both by the authority of learned Lawyers and Diuines and also by conuincing reason that absolute Princes are not sufficiently comprehended in this Canon vnder the generall name of a temporall or principall Landlord Gouernour of Lord both for that it is a penall law wherein an Abbot is not comprehended vnder the generall name of a Monke nor a Bishop vnder the generall name of a Priest nor a King vnder the generall name of a Landlord Gouernour or Lord and ciefely for that it is such a penall law which is probable to bee a temporall and not a spirituall law for that it inflicteth temporall punishments which according to the probable doctrine of many learned Catholikes cannot be inflicted but by temporall or ciuill power and that therefore those generall words Dominus temporalis Dominus principalis a temporall or principall Landlord Gouernour or Lord cannot comprehend absolute Princes who in temporals are not subiect to the spirituall power of the Church for that the words of euery law are to bee limitted according to the power of the Prince that maketh them and that therefore the obligation of euery Princes law whether hee bee a temporall or spirituall Prince is extended onely to his owne subiects 37 And if my Aduersary flie to his ancient shift that all Emperours Kings and other Christian Princes are children of the Church therfore subiect to the spirituall Pastors thereof It is true in spiritualls but not in temporalls as is the inflicting of temporall punishments wherein they are not subiect but absolute and supreme True also it is that Dominus temporalis a temporall Lord is in this Canon diuided into two sorts of Lords taking a Lord as the canon here doth take him to wit not only for a title of honour which Knights Gentlemen many inferiour Magistrates as Shiriffes Bayliffes Constables haue not but for euery person who hath tenants vassals or other persons any way subiect to him in which sense euery Land-lord Magistrate is called Dominus temporalis a temporall Lord Gouernour or Land-lord The one sort is of those who haue principall and chiefe Gouernours or Land-lords aboue them as are all inferiour Magistrates and those who hold any land of others The other is of those who although they be subiect to the King yet they haue no other principall Land-lords or Gouernours aboue them and of this sort are both those who let their lands to others and yet hold their lands of none nor perchance of the King and also all principall Gouernours of the common-wealth who are subiect to no other then the King as are all the Lords or the body of the Kings priuie Councell together and in some sort the Lord Chancellour the Lord chiefe Iustice who haue no one principall Lord or Gouernour aboue them as all other subiects haue but the King alone yet neither of these sorts doe sufficiently expresse a King or a supreme and absolute Prince for that they are titles belonging also to subiects and inferiour persons And therefore the premises being considered it is probable that if the Councell had meant to haue comprehended Kings and absolute Princes in that Canon she would haue giuen them their proper titles of honour as she did in other Decrees and not include them in those common titles of honour which are giuen to persons of inferiour state and condition 38 And by this which I haue said in these two Chapters the Reader may cleerely see that these answeres which I haue giuen to the decree of the Lateran
of Princes confounding and inuoluing both questions concerning the authoritie of the Pope and also of the common-wealth to depose Princes together in one and then in affirming that Widdrington hath not brought any one Authour only D. Barclay excepted who saith that Princes for heresie cannot be deposed to wit neither by the Pope nor the common-wealth which is very true but it is not true that he hath brought no Authours who absolutely affirme that the Pope hath no power to depose Princes and that the Ecclesiasticall power of the Church doth not extend to the inflicting of temporall punishments 38 An other cunning the Lord Cardinall of Peron may vse in confounding the oath or religious bond of temporall allegiance with the ciuill or naturall bond thereof which perchance he did for this end that his speech concerning the Popes authority to absolue from the oath of allegiance might seeme more plausible to his audience for that an oath is a sacred and spirituall thing and therefore not exceeding the obiect of the Popes spirituall power and all Diuines doe hold that the Pope hath authority to absolue from oathes either by releasing directly the spirituall bond it selfe or consequently by declaring the thing which is sworne not to be hic nunc in this particular case a fit matter of an oath but temporall allegiance and temporall kingdomes are temporall things and therefore that the Pope by his spirituall power should haue authoritie to dispose of temporall things and to absolue from temporall allegiance and to giue take away translate and dispose of temporall kingdomes would haue seemed very harsh in the yeeres of the greatest part of true French-men z In Apol. nu 148. 149. 39 But besides that as I haue shewed elsewhere the Pope cannot according to the doctrine of S. Thomas and his followers absolue from the oath of temporall allegiance but by declaring the naturall or ciuill bond it selfe of temporall allegiance to be voyd and of no force and consequently to be no fit matter to be sworne it little importeth to the maine question which is betwixt my Aduersaries and mee touching the Popes power to depose Princes and to absolue subiects from their temporall allegiance whether the Pope can release or take away the spirituall bond and obligation of the oath of allegiance it being a sacred and spirituall thing and made onely to confirme and corrobarate the former naturall bond of temporall allegiance For it doth not follow as wel noteth Ioannes Parisiensis Ioan. Paris de potest Reg. Pap. c. 16. ad 11 and I also obserued in my Theologicall Disputation a Cap. 6. sec 3. that because the Pope can release or take away the sacred and religious bond of temporall allegiance he can also release and dissolue the naturall and ciuill bond wherein all subiects by the law of God and nature stand bound to their temporall Prince before they make any oath of temporall allegiance and very few subiects in comparison of others doe vsually make any such oath of allegiance And therefore perchance the Cardinall would for the cause aforesaid rather discourse of the Popes power to absolue subiects from the oath that is the sacred and spirituall bond of temporall allegiance then to depose Princes and to take away their Crownes and Regall authority which being taken away both their temporall allegiance and also the sacred and spirituall bond thereof is by a necessary consequent foorthwith dissolued 37 And to omit diuerse other cunning shifts which the Cardinall of Peron hath vsed in his discourse touching the deposition of hereticall Princes and which the Kings Maiesty in his answere to the Cardinalls oration hath in my opinion very cleerely and excellently discouered two notable cunnings or rather fraudes he hath vsed in translating into French the decree of the Councell of Lateran whereof now wee treat The first is in translating into French those words Si Dominus temporalis if any Prince whereas it is manifest that those words Dominus temporalis doe signifie euery Land-lord Maior Iudge Consull Potesta Gouernour Shiriffe Bayliffe Constable or any other inferiour Officer or Pettie Lord and although the Cardinall will perchance affirme that in those generall wordes Dominus temporalis all Emperours Kings and absolute Princes are included which neuerthelesse I haue aboue confuted yet to translate those words Dominus temporalis any Prince as though the Councell had named Princes expresly and by the name of Princes cannot in my opinion bee excused from an egregious fraud and falshood The second is in translating those words vt ipse Summus Pontifex Vasallos ab eius fidelitate denunciet abfolutos that he the Pope may absolue his subiects from their oath of fidelitie whereas the words of the Councel only are that he may denounce or declare his Vassals absolued from their fidelity which words of the Councell doe expresly signifie that the vassalls were before absolued from their fidelity either by the decrees of Popes or of temporall Princes and that the Pope doth onely denounce or declare them absolued besides that the word vassalls he translateth subiects which haue farre different significations and that word a fidelitate from their fidelity he translateth from their oath of fidelity which in a Translator who is to set downe not only the sense but also the words cannot bee excused from an egregious corruption 38 Lastly I would gladly be resolued of this question either by the Cardinall of Peron or any other learned Catholike whether if the Doctours of Sorbon who hold the doctrine of the Councells superiority aboue the Pope to be true and conforme to the word of God and to the definitions of the generall Councels of Constance and Basil and consequently the contrary doctrine to be false impious and detestable and contrary to the word of God should make a decree that all of their Vniuersity should in their publike Readings Disputations and writings defend it as certaine that is should not maintaine or teach the contrary doctrine as probable or in any sort Or if the Doctours of Mentz who are of opinion that the doctrine for the immaculate Conception of the B. Virgin is true conforme to the word of God and to the decree of the Councell of Basil and that the contrary is false and against the word of God and consequently impious and detestable should also make a Decree as Surius affirmeth b Vpon the yeere 1501. they haue done imitating saith he the decree of the Councell of Basil that it should bee altogether held that the most blessed mother of God was conceiued without the spot of originall sinne and did strictly ordaine that none heereafter should in that Vniuersitie bee promoted in sacred Diuinitie vnlesse he should before by oath make promise that he would neither maintaine in his minde nor any wise approoue the contrary opinion and the same question may be made concerning the Iesuites doctrine de auxilijs gratiae whether I say it must
thing as is the inflicting of temporall punishments for what ende soeuer they bee inflicted the sayde Decree can bind onely those of necessitie that belong to the Popes temporall Dominions 52 For seeing that as Suarez e Suarez l. 3. de Leg. c. 6. cap. 8. nu 3. and all other Diuines affirme all lawes enacted by the Pope as they are meerely ciuill and temporall doe bind onely in the Popes territories and as Mr. Fitzherbert himselfe before f Cap. 9. nu 15. acknowledged there can bee nothing more cleare then that all lawes are limited according to the power of the Prince that maketh them and that therefore the obligation of euery Princes lawes is extended onely to his owne subiects and whatsoeuer is decreed onely by the Popes temporall authoritie and as hee is a temporall Prince is a meere temporall thing and cannot extend beyond the Popes temporall dominions from hence it cleerely followeth that what Doctour soeuer affirmeth that the Pope hath no authoritie by the institution of Christ to inflict temporall penalties as death exile priuation of goods imprisonment and consequently that the inflicting of them is a meere temporall thing and that the decrees which doe inflict them cannot be made by the Popes spirituall but onely by his temporall authoritie and that therefore they cannot of necessitie binde but onely those who are subiect to his temporall authoritie or as hee is a temporall Prince must also affirme that whensoeuer the Pope by any generall Constitution decreeth the inflicting of any such temporall penaltie the saide Decree doeth extend onely to the Popes temporall Dominions and comprehendeth onely those who are subiect to him as hee is a temporall Prince and endued with temporall authoritie 53 Wherefore it is neither hereticall nor absurd to say as this foule-mouthed ignorant man affirmeth that the Popes generall Decrees touching the extirpation and punishment of heresie cannot extend to the whole Church if they inflict a temporall penaltie and that no heretike can bee temporally punished out of the Popes temporall dominions by vertue of the Popes Decrees without the consent and authoritie of temporall Princes for that according to the doctrine of very many Doctours as I said before the Popes spirituall authoritie doth not by the institution of Christ extend to the inflicting of temporall punishments but onely of Eccclesiasticall Censures and that therefore it belongeth only to temporall Princes to roote out heresies and punish heretikes with temporall punishments and to the Pope as hee is a spirituall Pastour to roote out heresies and punish heretikes with Ecclesiasticall or spirituall Censures And this I will boldly say and yet remaine as good a Catholike yea and a farre better then Mr. Fitzherbert is notwithstanding all his bigge and bitter words if hee build his Catholike faith vpon such weake doubtfull and vncertaine principles 54 Whereupon it followeth that euery Decree Canon or Constitution of the Pope which ordaineth the inflicting of temporall penalties for any crime whatsouer if my Aduersarie will needes haue it to be of force out of the Popes territories is either an approbation of some former Imperiall law or is of force by vertue of the consent and authoritie of temporall Princes or is onely a declaring teaching or commanding what the temporall Prince or Iudge ought to doe Neither doth the Canon Vergentis of Pope Innocent the third which Mr. Fitzherbert citeth heere in the margent any way contradict what I haue said but it doth rather confirme the same for the words of the Canon are these Wee ordaine that in the territories subiect to our temporall Iurisdiction the goods of heretikes be confiscated and in other territories wee command the same to bee done by Secular Potestaes and Princes which if perchance they shall bee negligent to performe wee will and command that they be compelled thereunto by Ecclesiasticall Censures So that this Canon doth rather fauour then contradict what I said seeing that it distinguisheth the Popes territories from other kingdomes and signifieth that the Pope in his owne Dominions hath authoritie by his Decrees to confiscate the goods of heretikes but in other kingdomes he hath no such authoritie but only to command Secular Princes to make such Decrees for the extirpation of heresie and also if they bee negligent therein to compell them by Ecclesiasticall Censures thereunto Neither can Mr. Fitzherbert prooue by any one Canon of Pope or Councell or by any generall or particular practise of the Church that out of the Popes temporall dominions any heretike is temporally punished by vertue of the Popes decrees without the consent and authoritie of temporall Princes whereby the Reader may plainly see what an ignorant vncharitable and rash headed man is this my Aduersarie to taxe so easily and vpon such vncertaine grounds learned Catholikes of heresie which among all Christians is accounted so heinous and execrable a crime 53 But his fraude and ignorance will the more cleerely bee discouered if wee obserue the difference betwixt the directiue and coerciue power and the acts and obiects of them both For the same spirituall action as heresie blasphemie sacriledge may be forbidden both by the spirituall and temporall power yea also for the same spirituall ende seeing that Christian Princes are bound by the law of Christ to referre all their actions the vse of their tēporall authoritie to Gods honour and glorie and to the good of their own soules of their subiects and by their temporall lawes to maintaine and aduance Christian Religion and to roote out heresie blasphemie and such like spirituall crimes out of their kingdomes so that the directiue or commanding temporall power as I haue signified heeretofore g Cap. 6. nu 66. seq may agree with the spirituall in the same acts obiects and end but the principall distinction betwixt the spirituall and temporall power is to be taken from both the powers as they are coerciue or punishing which alwayes haue distinct acts and obiects for the acts and obiect of the temporall power as it is coerciue or punishing are alwayes the inflicting of temporall punishments and of the spirituall the inflicting of spirituall or Ecclesiasticall Censures so that the forbidding of heresie vnder paine of incurring Ecclesiasticall Censures for what ende soeuer temporall or spirituall it bee done can proceede onely from Ecclesiasticall authoritie and the forbidding of the same heresie vnder paine of incurring temporall punishments as death losse of goods or of any other temporall thing for what end soeuer it bee inflicted can proceede onely from temporall and ciuill authoritie because according to Almaine and those other many Doctours mentioned by him who were as good Catholikes as M. Fitzherbert is and farre more learned then hee is euer like to be the Ecclesiasticall power doeth not by the institution of Christ extend to the inflicting of ciuill or temporall punishments as death exile priuation of goods imprisonment but onely of Ecclesiasticall Censures and the other punishments which
heere cited by him and haue beene cleerely confuted by me and more particularly to the Contents Abridgement or as it were Index of all the things which are handled by me in this Treatise which he may see partly in the very beginning of the first part before the Preface to the Reader and partly of this third 43 To conclude therefore this Chaper seeing that I haue made it manifest in his Treatise that no one effectuall argument grounded either vpon the holy Scriptures the law of Nature or Nations the Canonicall or Ciuill law or any other Theologicall reason hath hitherto beene brought by my Aduersaries which is sufficient to perswade any iudicious man that the doctrine for the Popes power to depose Princes to dispose of temporalls or to inflict temporall punishments is certain and of faith and the contrary hereticall erroneous or improbable it is euident that the new Oath of Allegiance which is chiefly grounded vpon the denying and impugning of this doctrine and the practise thereof may with a safe and probable conscience and without any note of dangerous temeritie or mortall sinne be taken by any Catholike man notwithstanding that the Pope by seuerall Breues hath iudged and commaunded or supposed the contrary for that there is no danger of temeritie or disobedience not to follow the iudgement and opinion of the supreme Pastour when it is contrary to the doctrine of other learned Catholikes or not to obey his declaratiue precept when it is not grounded vpon any certaine and infallible doctrine but either vpon the false information and vnderstanding of other learned men or vpon the priuate and probable opinion at the most of his Holinesse as I haue amply proued in my Theologicall Disputation Disput Theol. cap. 10. sâ—c 2. all which Mr. Fitzherbert in this Reply of his doth fraudulently conceale who vrgeth with might and maine to terrifie thereby the consciences of vnlearned and scrupulous Catholikes the Popes declaratiue commaundement who by his Breues forbiddeth the Oath to be taken for that it containeth in it many things which are clearely repugnant to the faith and saluation and craftily dissembleth the answeres which I haue made thereunto and which are sufficient to quiet the conscience of any iudicious Catholike man and to take away all iust feare and terrour of conscience out of his mind 44. And especially seeing that his Holinesse which is very considerable and worthy to be obserued hath beene diuers times with great instance and importunitie most humbly requested and in some sort coniured by his Pastorall office and duety to make manifest to distressed English Catholikes one onely thing among so many which he saith in his Breues are in the Oath manifestly repugnant to faith and saluation which his Holinesse without all doubt in regard of his fatherly care and Pastorall office both would and ought to haue made manifest ere this being vrged thereto by so many and earnest Supplications if he had not clearely seene when he had more diligently examined the whole matter being so greatly vrged and importuned to name but one onely thing among so many which he said were in the Oath plainely repugnant to faith and saluation both that his power to excommunicate and to inflict Censures was not denied in the Oath as Cardinall Bellarmine and other Romane Diuines by all probable coniectures as you shall see in the next Chapter had informed him and also that the doctrine for the Popes power to depose Princes which is expresly denied in the Oath and whereon his prohibition to take the Oath according to the opinion of all my Aduersaries was partly grounded was not a point of faith but onely a controuersie among learned Catholikes and as yet not decided by the Iudge and m Trithemius in â—ronico Monast Hirsaugiensis ad annum 1106. consequently that it might be denied and impugned by any Catholike man without any note of heresie errour temeritie or any other deadly sinne so long as the question remaineth so vndecided and in controuersie among learned Catholikes CHAP. XVII Wherein M. Fitzherberts vncharitable Admonition to the Catholike Reader that Widdrington is no other then an heretike disguised and masked vnder the vizard of a Catholike and that his submission to the Catholike Romane Church proceedeth from no other ground but from a deepe dissimulation or rather an artificiall and execrable hypocrisie to delude and deceiue Catholikes is cleerely confuted and proued to be void of charitie learning and sinceritie Also Widdringtons answere to the Popes Breues is confirmed and he freed from all disobedience for not admitting them and lastly the Decree of the Cardinalls forbidding Widdringtons bookes and commaunding him to purge himselfe forthwith is fully answered by his Purgation and humble Supplication which he made forthwith to his Holinesse 1 MY vnlearned Aduersarie T.F. hauing not beene able in the former Chapters as you haue seene to prooue any one answere or position of mine to be improbable or to deserue the least note of temeritie although he often vaunteth that he hath conuinced euery one of them to be either fraudulent malicious impertinent absurd foolish fond ridiculous erroneous or hereticall and then especially his custome is thus to brag when he himselfe most of all discouereth his intollerable fraude or palpable ignorance now this ignorant and vncharitable man doth in this last Chapter turne the sharpenesse of his penne also against my person shewing himselfe therein to haue as great want of charitie as of learning and sinceritie and laboureth to perswade his Reader that albeit I pretend to be a Roman Catholike and doe submit my selfe and all my writings to the Censure of the Catholike Roman Church yet it is euident that this is onely of purpose to deceiue the Reader Sec nu 1. 19 and that no zealous Catholike can take me for any other then an heretike disguised and masked vnder the vizard of a Catholike So aboundant is forsooth the charitie and zeale of this Religious Father that hee feareth not to miscontrue most plaine and manifest words and deepe and solemne Oathes and protestations in the quite contrarie sense to the great discredit of his neighbour whereas by the rules of charity and iustice he is commaunded to interprete euen doubtfull speeches in the better and more fauourable sense * S. Thomas secunda secunda q. 60. ar 4. But let vs heare what he saith 2. Hauing now answered saith he a Pag. 211. num 1. my Aduersarie Widdrington touching that which any way concerneth me either in his Admonition before his Theologicall Disputation or else in those other workes of his whereto hee remitteth his Readers for their further satisfaction I haue tought it conuenient good Catholike Reader to addresse this last Chapter only to thee to admonish thee to take heed that thou be not seduced with his pretence to be a Catholike or with the dedication of his booke to his Holinesse and his submission thereof to the iudgement of the
remembrance that this Oath before it was by your Holinesse declared to be manifestly repugnant to faith and saluation might with a probable and consequently with a safe conscience bee taken by any Catholike by reason of the authoritie of so many learned and vertuous Priests and withall they doe now not only consider that your Holinesse prohibition being a meere declaratiue precept can haue no greater force to binde then the reason whereon it is grounded and wholy dependeth as beneath h C. 10. sec 41. seq out of the doctrine of Fr. Suarez shal be made manifest but also they are probably perswaded that your Holinesse was by Cardinall Bellarmine and Fa. Parsons wrongfully informed of the reason for which you forbade Catholikes to take the Oath to wit for that it containeth many things which are plainly repugnant to faith and saluation seeing that neither your authoritie to chastice Princes to excommunicate them to inflict Censures or any spirituall authoritie which is certainly knowne to bee graunted by Christ to Saint Peter and his Successours is in this Oath denyed as Cardinall Bellarmine whom Fa. Parsons and diuers other Diuines of his Societie doe follow by fallacious inferences laboureth to deduce they cannot as yet sufficiently perceiue by what forcible argument they are bound with the perpetuall temporal ouerthrow of themselues and their whole posteritie to obey your Holinesse declaratiue commaundement which at the most is grounded vpon a probable reason Neither doe they conceiue that they ought therefore to bee accounted rebellious to the Sea Apostolike for that they reseruing otherwise all dutifull reuerence to your Holinesse doe not in a matter which is so preiudiciall vnto them obey your Holinesse Apostolicall letters which either are written vpon false information or grounded onely vpon a probable opinion 14 And in the tenth Chapter of my Theologicall Disputation h Sec. 2. nu 50. 51. I brought to the obiection taken from his Holinesse Breues two answeres which are grounded vpon these two reasons To make therefore said I now at the last a compendious answere to all the three Breues and so also to the whole obiection To the first Breue whereon the other two doe depend it is answered first that although his Holinesse thinking and in his opinion supposing the Oath to bee of it selfe vnlawfull and to containe many things which are contrarie to faith and saluation doeth therefore by his letters or Breues forbid English Catholikes to take it yet seeing that this his prohibition is onely a declaratiue precept and founded in the priuate iudgement and opinion of his Holinesse as before i Num. 44. sequen we haue shewed as we are not bound to follow the Popes opinion against the probable opinion of other Catholike Diuines then especially when by following it very great preiudice is like to come to our selues and many others and when the reasons and grounds for his opinion are for the most part by all men accounted to bee very vnsound as are almost all those arguments which our learned Aduersaries haue obiected against the oath so also we are not bound to obey the Popes declaratiue precept which is founded in his opinion and in the reason which hee alledgeth which precept according to the aforesaid doctrine of Franciscus Suarez hath no greater force to binde then hath his reason and opinion whereon his declaratiue precept doth wholly depend 15 Secondly it is answered that there is no English Catholike who if he be well instructed will take the Oath or approue it to be lawfull in that sense wherein his Holinesse by all probable coniectures hath condemned it For it is probable and in my iudgement morally certaine that his Holinesse did vnderstand the words of the Oath in that sense wherein the Diuines of Rome did conceiue them and especially Cardinall Bellarmine whose aduise and opinion in this so weighty a Theologicall controuersie which must needes bring great good or harme to this kingdome his Holinesse as it is very probable both demanded and followed who therefore according to his Holinesse minde and by his permission wrote in defence of his Breues against his Maiesties Apologie for the oath But Cardinall Bellarmine vnderstood the Oath in this sense as though it denied the Popes Primacie in spirituals his power to excommunicate to binde and loose and also to dispence in Oathes in which sense doubtlesse it cannot be denied but that it containes many things which are flat contrary to faith and saluation but no Catholike doth in this sense either take the Oath or defend it to bee lawfull Neither are the arguments which Cardinall Bellarmine hath brought to prooue the same any way sound and sufficient but very fallacious as I haue shewed at large in the said Disputation 16 All this which is onely a part of the answere I brought from the obiection taken from his Holinesse Breues I thought fit to repeate here againe onely for satisfaction of some scrupulous Catholikes who perchance fearing now to reade my Disputation it being forbidden by the Cardinals of the Inquisition without declaring any cause either in particular or in generall why it it is forbidden of wnich their prohibition I will say more beneath may here most clearley see how soundly and without any irreuerence or vndutifull respect to his Holinesse I propound to him the reasons for which English Catholikes thought themselues not bound to obey his declaratiue precept contained in his Breues humbly requesting him that in regard of his Fatherly care and Pastorall dutie he would vouchsafe to instruct vs in the Catholik faith and to make knowne vnto vs but one of those many things which hee saith are in the Oath so manifestly repugnant to faith and saluation 17 Whereby the Reader may easily perceiue the egregious fraude of this my vnlearned Aduersarie in vrging so vehemently to my disgrace the obiection drawen from the authority of his Holines Breues concealing the principall answer which I brought thereunto whereby I cleared my selfe from all iust imputation of irreuerence or vndutifull respect to his Holinesse For what irreuerence or vndutifull respect to his Holinesse can be iustly imagined in propounding to him being the supreame Pastour of our soules with all reuerent and respectiue words the reasons which doe mooue vs to thinke that he hath beene misinformed of the true sense of the Oath and the difficulties which do perplexe our consciences concerning his Breues and humbly requesting him in regard of his Fatherly loue and Pastorall office that he would vouchsafe to teach vs instruct vs in the Catholike faith in those things which he saith are in the oath contrary to faith and saluation No Catholike subiect is bound so to respect and reuerence his superiour albeit he be the Pope as to obey his commandements with blinde obedience when his conscience doth dictate vnto him that they are vniust but hee may with all dutifull respect propound to his Superiour although he be the
plainely conuince 71 To this purpose saith hee r Pag. 219. nu 15. 16. it is to bee noted how peremptorily and arrogantly hee writeth to his Holinesse saying that if hee condemne his bookes or writings as hereticall or erroneous vpon the false informations of his Aduersaries hee leaueth it to the iudgement of his Holinesse and all the Christian world how great an iniurie hee shall doe him and what a great occasion hee shall giue thereby to the Aduersaries to Catholike veritie So Widdrington Wherein you see hee doth not promise his Holinesse to retract or reforme his writings and doctrine in case that hee doe condemne them but anticipateth the iudgement of his Holinesse with a protestation of wrong and of occasion of great scandall insinuating also further that the whole Christian world will iustifie him therein in which respect hee confidently leaueth his cause to the iudgement thereof meaning by the Christian world as may well bee coniectured some generall Councell whereto he meaneth to appeale Disp Theol. cap. 3. nu 8. cap. 10. nu 23. and therfore he teacheth afterwards that it is a probable opinion that the Pope may erre in any definition of his if it bee not approoued by a generall Councell so as he sheweth euidently what starting hole he hath found alreadie to escape away from the Censures of the Sea Apostolike to wit by appealing from the Pope to a generall Councell as that miserable man his fellow Sheldon did all Apostataes and heretikes are wont to doe at their first breach and disunion from the Church 72 Heere Mr. Fitzherbert to confirme his rash and vncharitable iudgement of mee that I am no good Catholike but an heretike disguised and masked vnder the vizard of a Catholike taxeth mee of diuers things wherein also hee plainely discouereth his great want both of learning and charitie For first no man of iudgement can deny but that the aforesaide conditionall words which I vsed to his Holinesse are very true to wit that if hee should condemne my bookes as hereticall or erroneous which doe sincerely handle this dangerous difficult and great controuersie Azorius tom 2 l. 12. cap. 5. q. 8. which euer hath beene saith Fa. Azor betwixt the Bishops of Rome on the one side and Emperours and Kings on the other touching the Popes power to depriue them of their kingdomes vpon the false informations of my Aduersaries he should both greatly wrong me also giue occasio of great scandal to the Aduersaries of the Catholike faith Now seeing that as I there signified I haue clearely conuinced that my Aduersaries and especially Card. Bell. masked vnder the name of D. Schulckenius hath most shamefully corrupted my words misconstrued my meaning and slanderously accused mee of errour and heresie what shew of arrogancie can any prudent man imagine it to bee to signifie to his Holinesse with humble and decent words and especially in the defence of my innocencie the plaine and manifest trueth and to request his Holinesse not to be mislead in a matter of such importance by the bad informations of my Aduersaries nor to trust ouermuch to their learning and conscience in this case wherein they haue so fowly abused mee and deluded also his Holinesse and withall to admonish or forewarne him that if he should bee thus mislead all the Christian world would plainely see that it would bee both an infinite wrong to mee and an occasion of great scandall to the Aduersaries of the Catholike Religion 73 Secondly Mr. Fitzherberts interpretation of those my words I leaue to the iudgement of all the Christian world to wit that by the Christian world I vnderstand some generall Councell whereto I meant to appeale is a very false and slanderous coniecture For albeit I am indeede of opinion and I thinke that no man of learning reading or iudgement can in his heart bee of the contrarie whatsoeuer in outward shew to speake perchance ad Placebo or for other respects hee may pretend that it is neither heresie errour or temeritie but a doctrine truely probable that the Pope may erre in his definitions if hee define without a generall Councell and that a generall Councell is aboue a true and vndoubted Pope yet by all the Christian world I did not vnderstand any generall Councell neither by those words did I meane as God is my witnesse to appeale to a generall Councell if the Pope vpon the falfe informations of my Aduersaries should condemne my bookes knowing it to bee in vaine for the redresse of any present iniurie to appeale to that which is not and God knoweth when it will be although if the Councell were actually assembled I account it no arrogancie for any man that is wronged by his Holinesse vpon the false suggestions and informations of his potent Aduersaries to appeale thereunto But by all the Christian world I vnderstood all Christian men whatsoeuer whether Clerkes or Laikes Princes or subiects Prelates or priuate men friends or foes and my only meaning was that those words which I spake to his Holinesse with the aforesaid condition are so plainly and euidently true that I durst therein appeale to the iudgment and conscience of any Christian man whatsoeuer yea and of my learned Aduersaries themselues 74 But I doe not promise his Holinesse saith Mr. Fitzherbert to retract and reforme my writings in case that hee condemne them but I anticipate the iudgement of his Holinesse with a protestation of wrong and of occasion of great scandall True it is that I did declare to his Holinesse and admonish him in that place but not anticipate his iudgement how shamefully Cardinall Bellarmine had wronged mee in his publike writings most falsly accusing mee of errour and heresie and vpon what weake and sophisticall grounds hee laboured to coine a new article of faith in a matter which so meerely concerneth our obedience due to God and Caesar humbly requesting his Holinesse that he would not giue credit to the false informations of my Aduersaries and especiall of Cardinall Bellarmine nor be ouer confident in his learning or conscience but that hee would bee pleased to examine the whole cause himselfe and not to giue iudgement against mee or censure my bookes vpon the false reports of my accusers and aduersaries otherwise the whole world would plainely see what great wrong is done to me and what great occasion of scandall would thereby arise to the Aduersaries of the Catholike faith and Religion Now what indifferent man that will speake without partialitie can iustly accuse him as arrogant presumptuous or to anticipate the sentence of the Iudge who being falsly accused of most heinous crimes by one who is both his accuser and witnesse against him and also greatly fauoured and esteemed by the Iudge doth in defence of his innocency plainely and modestly declare in particular to the Iudge how fowly and shamefully he is slandered desiring him not to giue sentence against him vpon such false informations but that he
and suppose it to be vnlawfull as being forbidden by some former law they haue no more force to binde as Fa. Suarez expresly affirmeth Suarez l. 3. de Leg. c. 20 nu 10. then hath the reason whereon they are grounded So that if the reason be certaine then we are bound to obey if it be onely probable wee are no more bound to obey that declaratiue commaundement then we are bound to follow the Popes opinion against the probable opinion of other learned Catholikes All this and much more touching declaratiue and constitutiue precepts and his Holinesse Breues in particular which doe onely containe a declaratiue precept forbidding Catholikes to take the Oath for that it containeth many things flat contrary to faith and saluation I declared in my Theologicall Disputation x Ch. 10. sec 2. which is aboundantly sufficient to free me and other English Catholikes from all note of disobedience for not obeying in this doubtfull and disputable matter his Holinesse Breues and his declaratiue precept contained therein which is so preiudiciall to his Maiesties authority and so dangerous to his Catholike subiects not being able to finde any one thing therein which is repugnant to faith and saluation especially humbly propounding to his Holinesse the reasons of our doubts and earnestly requesting to bee satisfied therein But Mr. Fitzherbert thought it fit for his purpose to vrge against mee the obiections which I there answered and to taxe me not onely of disobedience but also of errour and heresie and to conceale the answeres which I made thereunto wherein he plainely discouereth his vnsincere dishonest and vncharitable proceeding and that his onely drift is to disgrace mee with his Reader and not to examine vprightly the truth of the cause 95 To conclude therefore this digression it is euident by the premises that if the Pope without a generall Councell define any doctrine to be hereticall erroneous or temerarious and command all Catholikes to belieue the same no Catholike is bound or ought to belieue with Catholike faith that doctrine to be hereticall erroneous or temerarious for this respect onely because the Pope hath defined and commanded the same for that it is a controuersie among learned Catholikes whether he hath any such authority infallibly to define or no and consequently neither his definitions nor his declaratiue commandements grounded thereon can be certaine and infallible grounds of Catholike faith And thus much touching inward beliefe But secondly if the Pope command that none shall preach or teach against his definitions or Breues then wee must obserue that golden rule of learned and deuout Gerson that if we neither perceiue any manifest errour against faith in his definitions or Breues nor that by our silence some great scandall shall arise to Catholike faith we must not dogmatize against them otherwise wee must speake freely and feare no Censures See his words aboue Chap. 14. num 39. But notwithstanding this document of Gerson if any learned man hath doubts and difficulties which doe trouble his conscience concerning the verity or lawfulnesse of the Popes definitions or Breues when they are greatly prejudiciall to a third person especially to a whole kingdome it is lawfull for him according to the doctrine of Sotus and others before rehearsed to propound humbly to his Holinesse the reasons of his doubts desiring to bee satisfied therein for this is not to dogmatize or to teach or preach publikely against them although this also according to Gerson be sometimes commendable yea and necessary but it is a desire to bee taught and instructed concerning the veritie or lawfulnesse of them 96 Thirdly if the Pope should excommunicate nominatim by name all those that shall teach preach or write against his definitions or Breues in case they perceiue great scandall to arise to Catholike faith if they be silent and doe not oppose themselues or should excommunicate nominatim those who shall write Supplications to his Holinesse to be taught and instructed concerning the veritie or lawfulnesse of his definitions or Breues whereof they haue great doubts and difficulties which doe perplexe their conscience then they must remember that saying of our Sauiour wherewith Gerson concludeth his golden document that Blessed are they that suffer persecution for iustice and let them assure themselues that they are vniustly excommunicated and free before God howsoeuer the Pope hath tyed them by his Censure and therefore they may in this case carry themselues in that manner as those who are not excommunicated in the sight of God though by presumption which often deceiueth and is deceiued they may bee thought by many persons who know not their innocency to bee excommunicated Yet they must not contemne the Censure but also for feare of scandall obserue it in the face of the Church although secretly and when no scandall is like to arise they may doe all that which if they had not beene excommunicated they might haue done and they who know their innocency may in like manner conuerse with them secretly and without scandall as they might before But notwithstanding any such excommunication they may still write supplications to his Holinesse vntill hee shall instruct them and may still appeale to his Holinesse ad melius informandum to informe him better and to desire to be fully instructed propounding humbly the reasons of thâ—â—rdoubts 97 Lastly if the Pope or the Cardinalls of the Inquisition shall forbid Catholikes to read or keepe certaine bookes to know whether and by whom such bookes may without any licence be read and kept or no learned Catholikes must diligently obserue for what reason ground cause or end they are forbidden to be read to wit whether for that they are repugnant to faith or good manners and also they must carefully consider the natures properties and differences of declaratiue and constitutiue precepts and that according to the common doctrine of Diuines whensoeuer the reason or end of any law doth generally cease the obligation also of that law doth cease So that if the bookes are forbidden for that they are repugnant to faith and therevpon may be dangerous to soules and this reason is not true but onely pretended and falsly supposed the reason end and cause of this prohibition doth altogether cease to him who seeth this false pretence And this obseruation I haue set downe chiefly for learned men For those that be vnlearned must bee guided and directed by vertuous discreet and learned men which learned men who take vpon them to guide and direct others if through affectate and wilfull ignorance they doe erre for that they will not duly examine the matter when they haue sufficient cause to doubt thereof but either for feare or flattery will beleeue with blinde obedience the Popes or Cardinalls words knowing certainly that they may erre and oftentimes haue erred and now haue sufficient cause to doubt and consequently to examine whether at this present they haue erred or no seeing that learned Catholikes doe in
corrected to purge what is to be purged to explains what is to be explained and to retract what is to be retracted Whereby it will euidently appeare that I still remaine an obedient childe of the Church and a true Catholike and that my submission to the Catholike Romane Church was sincere vnfaigned and did not proceed from the least dissimulation at all and that from the aforesaid Decree no colourable argument can be drawne to prooue me to be no Catholike and childe of the Church and to condemne or disprooue but to iustifie and to approoue as well the Oath as the doctrine which I haue taught in my Bookes 137 This therefore is the Copie of my Purgation and humble Supplication to his Holinesse which for satisfaction of some Catholikes who perchance haue not seene it and also for some other respects I thinke it not amisse to set downe here againe To the most Holy and most blessed Father Pope Paul the fift Roger Widdrington an English Catholike wisheth euerlasting happinesse 1_THere came vnto my hands some few daies since most blessed Father a certaine Decree of the Sacred Congregation of the right Honourable Cardinals of the Holy Romane Church who are deputed for the examining of Bookes dated the 16. day of March of this present yeare 1614. and printed in Rome by the Printer of the Apostolicall Chamber wherein two Bookes written by me sincerity nnd simplicity of heart are by name but yet onely in generall words without naming any crime either in particular or in generall at which many doe maruaile altogether condemned and forbidden by the commandement of your Holinesse And the Authour of them vnlesse he shall forth with purge himselfe is threatned to bee punished with Censures and other Ecclesiasticall punishments 2 But what manner of purging your Holinesse doth expect at my hands who am the Authour of those Bookes and of what crime I ought to purge my selfe seeing that in this Decree there is no crime either in particular or in generall obiected against me of which I should purge my selfe neither is my conscience priuie to any crime for the making or publishing of those Bookes I cannot verily in any wise perceiue I know that certaine Doctours misinterpreting my words haue in their publike writingsfalsly and very iniuriously and not to speake a more heinous word I pray God to forgiue them impeached mee of certaine crimes by whose instigation I know not whether your Holinesse hath beene mooued to condemne those Bookes but considering that both they are my Aduersaries in this controuersie and that they are mooued in my opinion rather by affection then by solide reason and also that they doe fouly corrupt my words and wrest them to a bad sense and neuer meant by mee as I could most clearely demonstrate a a This I haue since demonstrated to his Holinesse in the discouery of D. Schulckenius or rather Card. Bellarmines slanders to your Holinesse if it were now a conuenient time I doe not thinke that so great authority is to bee giuen either to their sayings or writings of what learning or dignity soeuer otherwise they bee that they are of force to binde me either to embrace their opinions especially being grounded vpon so weake foundations or not to defend my innocency from their false accusations in such an exceeding great crime as heresie is 3 And that your Holinesse may cleerely perceiue that I haue alreadie in these bookes which are forbidden by your commandement purged my selfe as much as is sufficient for a childe of the Catholike Church I thinke it necessary to repeate againe with as much breuity as may be in what manner I haue in those bookes made profession of the Catholike faith which in my opinion aboundantly sufficeth for the purging of my selfe from all imputation of heresie errour or any other crime which doth depend on these and for what thing I made Supplication to your Holinesse in that Disputation of the Oath of Allegiance that thereby your Holinesse may manifestly perceiue that some persons not of the meanest degree although perchance with the ignorant sort of people they doe greatly impaire my credit yet they doe also bring your Holinesse into no small obloquy both among prudent Cacholikes and especially among those who are Aduersaries to the Catholike faith whiles they are not afraide to divulge not so circumspectly in my iudgement as is fitting that your Holinesse did in good earnest auouch that you thought the Authour of that Disputation to be neither a Catholike nor a childe of the Church whereas the Authour doth professe himselfe both to be a Catholike a childe of the Catholike Romane Church and also submitteth most humbly that Disputation and all his other writings to the iudgement of the Holy Catholike Romane Church neither that you would accept of the Dedication of that booke whereas that Dedication as it is manifest by the Authors Epistle to your Holinesse was onely a most humble Supplication of the Author and of other Catholikes to your Holinesse that your Holinesse as being the supreme Pastour of the Catholike Church and whose office is to instruct and confirme the sheepe of Christ in the Catholike faith would be pleased to instruct them in the Catholike faith and in those things which your Holinesse had declared by your Breues to be in the Oath cleerely repugnant to faith and saluation And that your Holinesse did speake the aforesaid words both of the Author and also of the Dedication some heere giue foorth that your Holinesse his Nuncius then residing at Bruxells did signifie as much to M. George Birket the Arch-Priest who was then liuing and that the same Nuncius did withall affirme that he was certified thereof some few daies since for so are the expresse words of the Nuncius his letters b b These letters were dated at Bruxels 2. Novemb 1613. are to be seene aboue nu 134. which are carried about among us by letters of the Congregation of the holy Romane Inquisition by the commandement of your Holinesse to the end that hee first of all should write thereof to his Reuerence that hee according to his wisedome should signifie as much and make it knwone to Catholikes 4 First therefore I the Author of those bookes did protest that I composed them being mooued thereunto for the zeale of God of Religion and of my Countrey and for more particular reasons which I related in the beginning of those bookes without any respect of worldly fauour or feare neither with any obstinate minde but onely to finde out the Catholike truth in this most weighty Controuersie which belongeth to the yeelding of obedience due by the law of Christ to God and Casar to your Holinesse who is the supreme Pastour in earth of our soules and to our King his most excellent Maiesty In Apol. ad Lect. in fine who in temporalls is inferiour onely to God and I did submit most humbly whatsoeuer was contained in them to the iudgement
distinction all sorts of forbidden bookes neither doe all crimes require the same Purgation doth make both the Sea Apostolike odious to the Aduersaries of Catholike Religion who will easily from hence take occasion to perswade themselues that the Bishops of Rome are wont to reiect at their pleasure and to suppresse violently by threatnings and not by reason or argument those opinions which they doe not like and to promote by fauours and not by reasons those opinions which are pleasing to them and also doth littel satisfie prudent Catholikes who can hardly perswade themselues that the Sacred Congregation of the right Honourable Cardinalls who are reputed for the examination of bookes to whose informations your Holinesse giuing credit as we are assuredly perswaded hath condemned those bookes and ordained that the Author shal be seuerely punished vnlesse be purge himselfe forthwith if they could haue found in them any proposition which is certainly knowne to be hereticall erroneous or repugnant to sound doctrine they would haue passed it ouer with such great silence and contrarie to the vsuall manner of the Sea Apostolike in condemning the bookes of Catholike Authors but of such especially who are commaunded vnder paine of Censures to purge themselues foorthwith as by innumerable examples which are extant in the Tomes of the Councells and in the Bulls of Popes I could demonstrate commaund the Author to purge himselfe onely in generall words without shewing any crime either in particular or generall of which he should purge himselfe 19 I therefore the Author of those bookes whom the Sacred Congregation by the commandement of your Holinesse hath enioyned to purge my selfe but as yet I know not of what crime a most dutifull childe of the Catholike Romane Church and of your Holinesse in spiritualls and withall a most loyall subiect of the Kingdome of England and of our Soueraigne Lord KING IAMES in temporalls being summoned before your Holinesse his supreme tribunall to purge my selfe prostrate at your Holinesse feet doe humbly request you by the dreadfull Maiestie of God the Supreme Iudge of all First that your Holinesse will iudge that which is right and doe me iustice and not giue credit to the information of them who are my Aduersaries in this controuersie and haue fowly corrupted my words contrary to my meaning but that you will examine my cause by your owne certaine knowledge and that you will make knowne to me all those things or at least wise some of them which in those my bookes condemned by your Holinesse commandement are cleerely knowne to bee repugnant to faith or good manners For I protest that I am most readie to correct those things that are to bee corrected to purge what is to be purged to explaine what is to be explained and to retract what is to bee retracted 2 Secondly that if your Holinesse after due examination of my writings shall finde that you haue beene misinformed by some persons and that nothing is to be found in those bookes contrarie to Catholike doctrine as some perchance haue suggested to your Holinesse you will bee pleased to recall that sentence of the Sacred Congregation published against me and my bookes through euill information or vehement importunitie of some men or through mis-vnderstanding the true meaning of my words and that you will haue a care of my good name in that good sort as shall beseeme your wisedome charitie and iustice and that you will account me to be a Catholike and a Child of the Catholike Roman Church For that which I did write in another place f f In Disp Theol. in Admon ad Lect. nu 8. I doe heere repeate againe I am a Catholike and a Child of the Catholike Roman Church and if any man of what degree soeuer hee be shall wrongfully accuse mee of heresie let him know assuredly that by the assistance of Almightie God I will by all those meanes which God and Nature hath granted to innocent men to defend themselues to the vttermost of my power defend my selfe from their calumnies or slanders vntill the Church being fully informed of my opinion shall in plaine and particular words for no man can recall errours vntill he know particularly what they bee condemne the same 21 Thirdly that your Holinesse will command that this my purgation and most humble Petition may for future memorie bee registred among the Acts of the holy Office of the Inquisition as the condemnation of my bookes is recorded as it appeareth by the Decree it selfe that those who heereafter shall succeede in that Office may giue their sentence and iudgement as well of this my Purgation as of that condemnation of my bookes and whether I am to bee accounted a Catholike and a child of the Church or an heretike 22 But if your Holinesse will not be pleased to admit this my Purgation and most humble Supplication and to recall the sentence which vpon euill information hath beene denounced against my bookes and to haue a care of my good name which hath beene wrongfully taken away although I know right well that the same most mercifull and great God who in times past preserued the credit of that holy man Robert Grosted Bishop of Lincolne with whom Pope Innocentius the fourth being wonderfully offended g g Mat. Paris in Henrico 3o. ad ann 1253. §. Diebus sub ijsdem ad annu 1254. §. Hoc etiam an Dominus Papa determined to cast his dead bones out of the Church and to bring him into so great obloquie that hee should bee proclaimed throughout the whole world for an Heathen Rebell and diobedient for that hee had written to the said Pope Innocentius in the spirit of humilitie and loue vt errores suos crebros corrigeret that he would correct his frequent or accustomed errours although I know I say that the same God who is not an accepter of persons is able also to deliuer me from the vniust attempts and false informations of any whatsoeuer and to make knowne my innocencie to your Holinesse and to the whole Christian world neuerthelesse prayers teares and patience ioyned with the testimonie of a good conscience shall bee my chiefest refuge and this shall bee my daily comfort that it is no what lesse but rather more happy and gratefull to God to suffer persecution for Iustice sake at the hands of Kinsemen and of the same Houshold who in friendship and societie ought to be more straightly linked then of Strangers 23 Finally if in this Purgation which the Sacred Congregation by commandement of your Holinesse hath enioyned mee I haue offended any man as I hope I haue not by speaking any thig not with that circumspection as is fitting for wittingly I would giue no man any iust cause of offence I doe most humbly craue pardon both of your Holinesse for whose temporall and perpetuall felicitie I will continually pray vnto our most mercifull God and also of the whole Christian world From my Study in the Feast of
and depriue is necessarily included in his Regall authoritie but all Catholikes doe not beleeue whatsoeuer my Aduersary and some few others doe that the power to depose Princes is necessarily included in that spirituall Supremacie which Christ hath giuen to S. Peter and his Successours as hath bene amply prooued by me and diuers others and what particulars Mr. Fitzherbert hath laide here or in his Supplement concerning this point we will beneath in their due places examine 34 His first reason he deduced from the grounds and principles of the Protestants Religion and from the doctrine and beliefe of his Maiesty and those of the Parliament who made the oath But how silly and insufficient this reason is yea and repugnant to his owne grounds and also of Fa. Parsons in whose defence hee wrote his Supplement any man of iudgement may quickly perceiue For behold his reason It is great reason sayth he to interprete all assertions positions lawes or decrees especially such as touch Religion according to the doctrine and beliefe of the Authours thereof for it is to be presumed that euery one speaketh 〈◊〉 and decreeth according to the grounds and principles of his beliefe and Religion but it is an assertion position and the beliefe not onely of his Maiestie but also of the Parliament which decreed the oath that the Pope cannot depose his Maiestie because he hath no authoritie at all in England and especially ouer his Maiestie therefore it is great reason to affirme that the new oath denying the Popes power to depose his Maiestie implieth a deniall of the Popes Supremacie 35 But first his Minor proposition is very vntrue For neither his Maiestie nor the Protestants doe hold that the Pope can not depose his Maiestie because he hath no authoritie at all in England and especially ouer his Maiestie This indeed is the reason why they hold that the Pope cannot excommunicate his Maiestie because he hath no authoritie at all in England and especially ouer his Maiestie But the reason why they hold that the Pope hath no authoritie to depose his Maiesty is for that deposition being not an Ecclesiasticall or spirituall but a ciuill and temporall censure or punishment for what crime soeuer it be imposed can not be inflicted by any Ecclesiasticall or spirituall authoritie For which reason the Protestants doe holde that although the Protestant Bishops of this Realme haue Ecclesiasticall and Episcopall authoritie herein England yet they haue no authoritie by vertue of their Episcopall power to depose or depriue his Maiestie of his temporall dominions for that they take deposition or any such temporall violence as his Maiestie affirmeth u In his Premonition pag. 9. to be farre without the limits of such a spirituall Censure as Excommunication is 36 And although this be sufficient to shew the insufficiencie of this my Aduersaries reason yet graunting him onely for Disputation sake which he in his Minor proposition vntruely affirmeth that his Maiestie and the Parliament should hold that the Pope can not depose his Maiestie because he hath no authoritie at all in England his reason neuerthelesse is both insufficient and also repugnant to that which Fa. Parsons and he himselfe suppose to be true For albeit Fa. Parsons doth confidently affirme x In his booke intituled The iudgement of a Catholike English man c. part 1. nu 22. pag. 13. and 16. that there is no man who sticketh or maketh difficultie to acknowledge our Soueraigne to be true King and rightfull Lord ouer all his Dominions for that euery English Catholike will sweare and acknowledge most willingly all those parts and clauses of the oath that doe any way appertaine to the ciuill and temporall obedience due to his Maiestie whom hee acknowledgeth to be his true and lawfull King and Soueraigne ouer all his Dominions and the same in effect doth my Aduersarie in his supposition affirme as you haue seene before y Nu. 6. yet according to this his reason neither he nor any other Catholike can acknowledge King Iames to be our true and lawfull Soueraigne nor can promise to yeeld him all temporall alleagiance nor to defend him from all treasons and traiterous conspiracies nor to disclose them when they shal come to their knowledge when any such acknowledgement shall be demanded at their hands by the Protestant Magistrate for that in the opinion of all Protestants the Ecclesiastical Supremacy of his Maiesty as my Aduersary himselfe confesseth is included and necessarily deduced from his temporall and Kingly authoritie and all reconcilements to the Pope and all returnings of Priests into this land made by the Popes authoritie are by the lawes of this Realme made treasons and traiterous conspiracies 37 Seeing therefore to vse my Aduersaries wordes It is great reason to interprete all assertions positions lawes or decrees especially such as touch Religion according to the doctrine and beliefe of the Authors thereof for it is to bee presumed that euery one speaketh writeth and decreeth according to the principles and grounds of his beliefe and Religion it is cleere that if my Aduersaries argument be good neither he nor any other Catholike can acknowledge King Iames to be their true and lawfull Soueraigne and that they will yeeld him all temporall allegiance and defend him from all treasons and disclose them when they shall come to their knowledge for that in the opinion of all Protestants his Ecclesiasticall Supremacy as my Aduersary himselfe confesseth is included in his Regall and Kingly authoritie and according to the lawes of this Realme all reconcilements to the Pope and all returnings of Priests into this land made by the Popes authority are treasons and traiterous conspiracies So that you see what contradiction there is in my Aduersaries sayings and what a prettie argument hee hath made to prooue himselfe a traytour seeing that according to his owne grounds hee can not acknowledge King Iames to be his true and lawfull Soueraigne nor promise to yeeld him all temporall allegiance if it should be exacted by the Protestant Magistrate for that in the opinion of all Protestants his Maiesties spirituall Supremacy is included in his Regall and Kingly authoritie 38 But secondly if Mr. Fitzherbert had beene pleased out of the desire of truth to handle this question betweene him and mee sincerely and not with a flourish of words to obscure the difficulty and blind the vnderstanding of simple and scrupulous Catholikes he might eyther out of his owne iudgement or at lest wise from of that which I in my Theologicall Disputation did answere to the arguments of Gretzer Disputatio Theol. c. 2. sect 1 who thought it vnlawfull to acknowledge King Iames to bee our Soueraigne Lord in temporals and of Capellus z Ibid. c. 6. sect 5. who also thought it vnlawfull for any Catholike to promise that he will disclose all treasons and traiterous conspiracies for the reasons aforesaide and also from that which out of the doctrine of Suarez a
Ibid. c. 1. I declared in what manner wee ought to interprete the wordes of any law hee might I say haue quickely perceiued the weakenesse of his reason and in what sense his Maior proposition and the proofe which he bringeth thereof to make it true are to be vnderstood 39 For to repeate againe his wordes It is indeede great reason to interprete all assertions positions lawes and decrees especially such as touch Religion according to the doctrine and beliefe of the Authors thereof whensoeuer the wordes are doubtfull and vnlesse the Author doe in expresse wordes declare his meaning to be the contrary For it is to bee presumed that euery one vnlesse he declare the contrary doth commonly speake write and decree according to the grounds and principles of his beliefe and Religion as euery Artisan doth vsually worke according to the grounds and principles of his Art vnlesse hee will take vpon him to doe some worke belonging to another Art as if a Physitian will take vpon him to measure land then hee must worke according to the grounds of Geometrie and not of Physicke And if a Protestant will speake write or decree like a Catholike and vpon Catholike grounds hee must obserue the principles of Catholike Religion and likewise a Catholike if he will speake write or decree like a Protestant and vpon Protestant grounds must obserue the principles of the Protestant Religion And therefore as the positions assertions and decrees of knowen and professed Catholikes are to be interpreted according to the grounds of the Catholike faith vnlesse they declare to haue a contrary meaning so also the positions of all Sectaries are to be vnderstood according to the different doctrines of their Sects vnlesse they declare their meaning to bee otherwise in so much that if a Catholike and a Protestant should affirme both of them one thing which might be controuersed in respect of Religion the sense and meaning of either of them is to bee interpreted according to their different Religions vnlesse they declare the contrary And in this sense my Aduersaries Maior proposition is true otherwise it is false for doubtfull and ambiguous wordes are euer to bee vnderstood according to the declaration of the speaker and the wordes of euery law whensoeuer they are doubtfull are to bee taken in that sense which the Law-maker shall declare his meaning to be 40 Now his Maiestie who with the Parliament deuised this new oath not for the Protestants but to make a triall how his Catholike subiects stand affected towards him in point of their loyaltie and due obedience hath oftentimes as my Aduersary could not but see in my Theologicall Disputation publikely declared his meaning b In an Act of Parliament anno septimo ca. 6. and in his Premonition pag. 9. and in his Apologie pag. 2. nu 2. pag. 246. and that hee intended in this oath to exact of his Catholike subiects nothing else then the profession of that temporall allegiance and ciuill obedience which all subiects what religion soeuer they professe by the law of God doe owe to their lawfull Prince with a promise to disclose all contrary vnciuill violence and to make a distinction not betwixt Catholikes and Protestants but betwixt ciuilly obedient Catholikes and such Catholikes as are the disciples of the Powder-treason And therefore his Maiestie caused the lower house of Parliament to reforme that clause which contained the deniall of the Popes power to excommunicate him So carefull was hee that nothing should bee contained in this Oath except the profession of naturall allegiance and ciuill and temporall obedience Hee saide in this oath for as the oath of Supremacie saith his Maiestie was deuised for putting a difference betweene Papists and them of our profession so was this oath ordained for making a difference betweene the ciuilly obedient Papists and the peruerse disciples of the Powder-Treason And againe This oath saith his Maiestie was ordained only for making of a true distinction betweene Papists of quiet disposition and in all other things good Subiects and such other Papists as in their hearts maintained the like violent bloodie maximes that the Powder-Traitors did The same also but in more ample wordes affirmeth his Maiestie in his Apologie for the oath 41 Seeing therefore that his Maiestie hath so often and so publikely declared that he intended by this oath nothing else but to make a true distinction not betwixt Catholikes and Protestants but betwixt Catholikes and Catholikes and to vrge them only to make a profession of that naturall and ciuill obedience which all Subiects of what Religion soeuer they bee doe by the law of God owe to their lawfull Prince there is no reason to draw an argument from his Maiesties intention or beliefe and from the grounds and principles of the Protestants Religion but only from the contents of the oath it selfe to proue it to be vnlawfull and to containe in it any thing which is repugnant to Catholike faith and Religion And that this is a probable answere and not a vaine bragge and idle affirmation of my owne it is so euident that I dare aduenture to remit it to the iudgement of my Aduersarie himselfe albeit he sticketh not at this time to affirme that I haue neither answered probably nor like a good Catholike 42 Concerning which last accusation hee writeth thus c Nu. 17. Now then to conclude this point whereas Widdrington saith as you haue heard that it is meruaile that learned men blush not to affirme the Kings minde to be that which his Maiestie hath declared to be no part of his meaning I may well say that it is a farre greater wonder that hee professing to be a Catholike and knowing and confessing as he doeth in his Epistle Dedicatorie d In Principio and after in his Theologicall Disputation e Cap 10 sec 2. nu 1. 2. that his Holinesse in two Breues hath declared his mind concerning this oath palam ex professo openly and expresly to wit that it containeth many things which are manifestly repugnant to the Catholike faith and saluation of soules it is I say an extreame wonder that he blusheth not extreamely to defend the said oath coÌ„trary to the expresse strickt coÌ„mandement of his spiritual Pastour whose voiâ—e he is bound to heare and obey if he bee a sheepe of Christs fold and child of the Catholike Church And therefore I conclude that hee sheweth himselfe not only impudent but also impious in preferring the declaration of a temporall Prince which neuerthelesse being well weighed doeth nothing helpe his cause or preiudice ours before an Apostolicall decree of S. Peters Successour whose obedient child hee professeth and ought to be wherein he sheweth sufficiently how good a Catholike he is and whom he holdeth for his Supreame head in Ecclesiasticall causes as also what probabilitie we may expect of him hereafter for the confirmation of the rest of his assertions seeing that wee haue found him at the