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the
Lawes
of
in
the
old
and
new
Testament
,
of
from
the
Canon
and
Ciuill
Law
,
and
from
the
Also
many
Replies
and
Instances
of
Cardinall
Leonard
Lessius
PROVERBS 12.
The lip of truth shall be stable for euer ; but he that is an hasty witnesse frameth a tongue of lying .
(
deare
Contreymen
is
the
pillar
and
firmament
of
truth
,
Catholike
faith
Nurcing
Fathers
Isay
19.
Sea
Apostolike
S.
Athanasius
vnlesse
euery
one
shall
keepe
entire
,
and
inuiolate
,
without
doubt
he
shall
perish
eternally
?
Singleton
part.
they
did
it
through
ignorance
thought
thereby
to
doe
seruice
to
God
because
he
did
it
being
ignorant
in
incredulity
.
damned
eternally
,
if
he
had
not
repented
at
the
houre
of
his
death
.
223.
And
in
the
life
of
King
About
this
time
the
third
,
after
the
celebrating
of
the
departed
this
life
,
and
forthwith
he
appeared
visibly
to
But
she
seeing
him
compassed
about
with
a
great
flame
of
fire
,
demanded
who
he
was
:
He
answered
,
that
hee
was
And
what
is
this
,
saith
she
with
a
pittifull
grone
,
that
the
common
Father
of
vs
all
is
so
cruelly
tormented
?
Hee
answered
,
For
three
causes
am
I
so
tormented
,
which
also
had
most
iustly
adiudged
me
to
euerlasting
torments
,
if
by
the
intercession
of
the
most
pious
Mother
of
God
,
to
whom
I
built
a
Monasterie
,
I
had
not
repented
at
the
last
houre
.
And
truely
I
haue
escaped
eternall
death
,
but
I
shall
be
tormented
with
most
grieuous
punishments
vntill
the
day
of
Iudgement
:
But
the
Mother
of
mercie
obtained
for
me
of
her
Sonne
,
that
I
might
come
to
thee
to
desire
prayers
:
which
when
he
had
said
,
he
presently
vanished
away
.
And
told
his
necessities
to
her
Sisters
,
that
they
might
relieue
him
:
but
she
greatly
pittying
his
case
did
afflict
her selfe
for
his
cause
,
with
wonderfull
punishment
.
Let
the
Reader
know
,
Thomas
Cantipratensis
that
those
three
causes
are
,
by
the
reuealing
of
not
vnknowne
to
vs
,
but
for
the
reuerence
of
so
great
a
we
would
not
relate
them
Which
example
is
wont
oftentimes
to
terrifie
mee
exceedingly
,
and
to
cause
mee
to
tremble
.
For
if
so
commendable
a
and
who
in
the
eies
of
men
was
accounted
not
onely
honest
and
prudent
,
but
also
a
Saint
,
and
woorthy
to
bee
imitated
,
did
scape
so
narrowly
hell
fire
,
and
is
to
bee
punished
vntill
the
day
of
Iudgement
,
with
the
most
grieuous
fire
of
Purgatory
,
what
Prelate
would
not
tremble
?
who
would
not
examine
most
exactly
the
secrets
of
his
conscience
?
For
I
doe
easily
perswade
my selfe
,
that
so
great
a
could
not
commit
deadly
sinnes
,
but
being
deceiued
vnder
the
shew
of
good
,
by
flatterrs
,
and
those
of
his
owne
houshold
,
of
whom
it
is
said
in
the
Gospell
,
Therefore
let
vs
all
learne
by
this
so
great
an
example
,
to
examine
carefully
our
conscience
,
least
perchance
it
be
erroneous
,
albeit
to
vs
it
seeme
to
be
right
and
sound
.
to
render
to
God
and
Caesar
that
which
doth
belong
to
them
Sea
Apostolike
heretickes
disguised
and
masked
vnder
the
vizard
of
Catholikes
.
Catholike
Romane
a
false
luster
and
glosse
to
cast
vpon
our
counterfaite
ware
of
purpose
to
deceiue
,
it
proceedeth
from
no
other
ground
,
but
from
a
deepe
dissimulation
,
or
rather
an
artificiall
and
execrable
hypocrisie
to
delude
and
deceiue
Catholikes
.
Sea
Apostolike
binde
and
loose
to
dispence
in
Oathes
to
bee
alwaies
readie
to
satisfie
euerie
one
that
asketh
them
a
reason
of
that
which
is
in
them
to
render
to
God
and
Caesar
that
which
is
their
due
?
power
to
excommunicate
binde
and
loose
to
absolue
from
Oathes
in
generall
,
containing
in
it
many
things
flat
contrary
to
faith
and
saluation
,
Pope
Gregory
to
purge
himselfe
foorthwith
Pope
Innocents
seared
conscience
Sea
Apostolike
good
Reader
case
the
condition
of
the
possessour
is
to
bee
preferred
.
A
power
,
which
is
not
altogether
certaine
,
but
probable
,
cannot
be
a
ground
or
foundation
,
whereby
immediately
one
may
be
punished
,
and
be
depriued
of
his
right
and
dominion
,
but
such
a
power
must
be
most
certaine
,
and
not
doubtfull
,
When
it
is
treated
of
a
fauour
and
benefit
,
and
no
man
is
forced
,
or
compelled
,
no
man
is
spoiled
of
his
next
right
,
or
which
hee
possesseth
indeed
,
but
a
power
which
is
not
altogether
certaine
,
but
probable
,
cannot
be
a
ground
or
foundation
,
whereby
immediately
one
may
be
punished
,
or
depriued
of
his
right
and
dominion
,
&c.
merus
titulus
sine
re
Soueraigne
Princes
good
Reader
commanding
,
enioyning
inflicting
,
punishing
to
haue
authority
to
command
temporall
in
temporals
in
order
to
spirituall
good
,
Aduersarie
;
secondly
(
Good
Reader
two
first
fift
,
sixt
Kings
Maiestie
Kings
Maiestie
that
I
haue
vsed
herein
two
fraudes
,
the
one
in
the
relation
of
his
wordes
,
the
other
in
the
vse
and
application
of
them
.
For
albeit
,
alleadgeth
them
truely
,
and
doth
not
falsifie
my
text
,
yet
hee
relateth
them
in
such
sort
,
that
his
Reader
must
needes
conceiue
,
that
I
lay
them
downe
in
the
very
beginning
of
my
Discourse
for
the
onely
foundation
,
and
ground
of
all
my
building
;
and
therefore
as
soone
as
he
hath
cited
them
,
he
saith
,
this
being
supposed
,
hee
laboureth
to
prooue
,
that
this
oath
is
repugnant
to
the
Diuine
,
and
Naturall
law
,
to
the
law
of
Nations
,
Ciuill
,
and
Canon
.
So
hee
,
and
then
hee
proceedeth
to
the
abridgement
of
all
my
Discourse
,
beginning
with
the
law
of
God
in
the
olde
Testament
,
and
so
goeth
on
with
the
rest
,
and
impugneth
my
supposition
,
as
the
onely
foundation
of
all
my
Discourse
and
arguments
.
But
the
trueth
is
,
hee
findeth
those
words
of
mine
in
the
page
of
my
(
as
it
may
appeare
by
his
owne
quotation
thereof
)
after
I
haue
discoursed
of
the
law
of
God
in
the
old
,
and
new
Testament
,
and
of
the
lawes
of
Nature
,
and
Nations
,
and
of
the
Ciuill
law
,
in
the
conclusion
whereof
I
haue
those
words
,
referring
them
to
the
Ciuill
law
onely
:
for
hauing
prooued
,
that
the
said
law
confirmeth
and
establisheth
the
supremacie
,
I
inferred
,
that
it
cannot
fauour
,
and
much
lesse
enioyne
,
and
iustifie
the
oath
for
two
reasons
;
the
one
,
because
the
said
oath
is
in
part
grounded
vpon
the
beliefe
,
that
the
is
supreame
head
of
the
Church
of
God
in
England
,
and
no
way
subiect
to
the
(
which
is
repugnant
to
the
Ciuill
law
)
and
the
other
,
because
the
Ciuill
law
acknowledging
the
subiection
of
temporall
Princes
to
the
in
matters
belonging
to
their
soules
,
and
to
the
good
of
the
Church
,
doth
by
a
necessarie
consequent
acknowledge
,
that
they
may
bee
punished
by
him
temporally
in
their
persons
and
states
,
where
the
good
of
soules
and
the
seruice
of
God
doeth
require
it
,
according
to
the
rule
of
the
law
,
Then
,
I
say
,
I
argued
in
the
place
,
which
he
citeth
,
and
I
remitted
my
Reader
for
the
confirmation
of
this
second
reason
to
a
more
ample
Discourse
thereof
before
in
the
same
chapter
.
Now
then
it
appeareth
(
as
I
haue
said
)
that
hee
hath
dealt
fraudulently
with
me
two
wayes
,
in
referring
my
supposition
to
all
the
lawes
,
whereof
I
treated
,
whereas
I
referred
the
same
expresly
,
and
only
to
the
Ciuill
law
:
the
other
,
&c.
that
hee
did
first
of
all
,
suppose
that
the
Popes
power
to
excommunicate
and
depose
Princes
(
if
they
deserue
it
,
and
the
good
of
the
Church
,
and
the
saluation
of
soules
doe
necessarily
require
it
)
is
denied
in
this
oath
.
Therefore
I
thinke
good
to
let
him
vnderstand
heere
,
that
my
meaning
is
not
to
contradict
any
article
of
the
oath
,
that
concerneth
meerely
Ciuill
obedience
to
our
Soueraigne
,
but
such
clauses
only
,
as
doe
either
directly
,
or
indirectly
preiudice
the
authoritie
of
our
spirituall
supreame
Pastour
,
and
namely
those
which
doe
exempt
temporall
Princes
from
excommunication
and
deposition
by
the
when
iust
occasion
shall
be
giuen
by
them
,
and
the
necessitie
of
the
Church
,
and
the
good
of
soules
require
it
:
to
which
purpose
I
will
prooue
that
this
new
oath
in
respect
of
such
clauses
is
repugnant
to
all
lawes
Humane
,
and
Diuine
,
and
therefore
iustly
condemned
by
his
and
refused
by
Catholikes
.
First
then
I
will
speake
of
the
law
of
God
,
&c.
hee
referred
the
same
expresly
and
onely
to
the
Ciuill
law
:
First
of
all
he
Fitz.
]
supposeth
that
the
power
to
excommunicate
,
and
depose
Princes
,
is
denyed
in
this
oath
hee
concludeth
,
that
although
the
oath
doth
not
expresly
affirme
,
that
the
is
supreame
head
of
the
English
Church
,
nor
in
plaine
words
deny
the
so
to
be
,
yet
it
supposeth
,
and
implieth
both
the
one
,
and
the
other
,
and
thereupon
denyeth
the
authoritie
to
excommunicate
and
depose
a
temporall
Prince
,
&c.
first
of
all
his
supposition
to
first
of
all
This
being
supposed
hee
laboureth
to
prooue
,
first
of
all
he
supposeth
This
being
supposed
he
laboureth
to
prooue
,
that
this
oath
is
repugnant
to
the
law
of
God
,
of
Nature
,
of
Nations
,
Ciuill
and
Canon
,
first
of
all
supposition
in
the
beginning
of
his
discourse
,
beguiled
it selfe
The
second
fraude
,
which
my
hath
vsed
is
,
for
that
he
laboureth
,
as
it
seemeth
,
to
perswade
his
Reader
,
that
all
my
arguments
and
reasons
are
grounded
vpon
a
false
supposition
of
my
owne
,
which
hee
sayth
,
I
doe
not
any
way
prooue
,
but
suppose
as
knowen
of
it selfe
,
and
this
hee
seemeth
to
gather
out
of
my
owne
wordes
alleadged
by
him
,
as
you
haue
heard
,
wherein
I
affirme
,
that
the
new
oath
supposeth
and
implieth
a
deniall
of
the
supremacy
,
although
it
bee
not
expresly
denied
therein
When
neuerthelesse
hee
could
not
but
see
,
euen
in
the
verie
same
place
,
from
whence
hee
tooke
my
wordes
,
that
I
did
not
prooue
the
oath
to
be
vnlawfull
by
that
supposition
onely
,
but
also
by
the
subordination
,
and
subiection
of
temporall
things
to
spiritual
,
when
the
good
of
soules
,
and
the
seruice
of
God
requireth
it
:
Besides
that
,
it
is
most
euident
in
my
discourse
concerning
diuers
of
those
lawes
,
that
I
deduced
the
vnlawfulnesse
of
the
oath
,
from
the
very
substance
of
them
,
as
it
will
manifestly
appeare
heereafter
,
when
I
shall
come
to
touch
them
in
particular
.
sixt
page
Theologicall
Disputation
This
being
supposed
,
he
goeth
about
to
prooue
,
that
the
oath
is
repugnant
to
the
law
of
God
,
&c.
It
hath
euer
beene
a
great
controuersie
,
betwixt
Emperours
and
Kings
on
the
one
part
,
and
the
Bishops
of
Rome
on
the
other
,
the
Schoolemen
doe
contend
about
the
same
to
deny
in
this
oath
excommunicate
him
,
although
the
lower
house
of
Parliament
,
at
the
first
framing
thereof
,
made
it
to
containe
as
much
,
which
hee
forced
them
to
reforme
,
That
it
is
a
wonder
that
learned
men
do
not
blush
to
affirme
with
so
great
confidence
,
that
to
be
his
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
excommunicate
)
which
both
by
his
and
many
others
hath
beene
so
often
very
soundly
confuted
.
that
I
haue
neither
answered
probably
,
nor
like
a
good
Catholike
.
Whereto
I
answere
first
,
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
.
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
:
Lessius
,
Gretzer
That
the
Popes
power
to
excommunicate
are
hereticall
Kings
,
is
plainly
denied
in
the
oath
,
seeing
that
this
point
converning
the
power
to
excommunicate
,
was
in
this
oath
purposely
declined
by
his
That
I
did
truely
affirme
that
the
power
to
excommunicate
euen
hereticall
Kings
is
denied
in
that
forme
of
oath
,
it
is
manifest
by
those
wordes
of
the
oath
.
But
whosoeuer
sweareth
that
he
will
obey
an
hereticall
King
,
notwithstanding
the
excommunication
,
doth
not
hee
together
sweare
,
that
he
acknowledgeth
not
in
the
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
against
an
hereticall
King
,
if
he
should
beleeue
,
that
the
hath
power
to
excommunicate
hereticall
Kings
.
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
a
iust
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
.
My
second
and
principall
answere
was
the
very
same
in
effect
,
which
his
Maiestie
before
had
giuen
,
to
wit
,
that
by
swearing
the
foresayde
branch
,
neither
the
Popes
power
to
Excommunicate
is
abiured
,
nor
any
sacriledge
committed
.
For
hee
who
sweareth
,
that
notwithstanding
any
sentence
of
Excommunication
to
be
denounced
against
the
King
,
he
will
beare
faith
,
and
true
allegiance
to
his
Maiestie
,
although
hee
doth
sweare
,
that
hee
will
obey
the
King
being
excommunicated
,
because
Excommunication
hath
not
power
to
depriue
Kings
of
their
temporall
dominions
and
Iurisdiction
,
Apol.
nu.
346.
as
Becanus
with
many
other
learned
Diuines
,
whom
I
cited
in
my
Apologie
,
doth
affirme
,
yet
he
doth
not
sweare
,
that
hee
will
not
obey
a
iust
Excommunication
,
as
Cardinall
Bellarmine
doth
ill
conclude
.
For
albeit
he
beleeueth
,
that
the
Pope
hath
authoritie
to
excommunicate
hereticall
Kings
,
yet
hee
doth
not
beleeue
,
that
Excommunication
,
being
a
spirituall
Censure
,
worketh
this
temporall
effect
,
to
depriue
hereticall
Kings
of
their
Royall
authoritie
,
to
make
Kings
no
Kings
,
or
to
take
away
from
subiects
their
naturall
and
ciuill
obedience
,
which
by
the
law
of
God
,
according
to
Cardinall
Bellarmines
owne
doctrine
,
n
n
In
tract
.
contra
Barcl
.
cap.
21.
pag.
202.
is
due
to
all
Kings
,
although
they
be
heretikes
,
so
long
as
they
remaine
Kings
.
You
will
say
that
the
power
to
excommunicate
is
not
here
denyed
,
but
onely
a
certaine
effect
of
Excommunication
,
which
is
,
that
notwithstanding
a
Prince
be
excommunicated
,
yet
shall
not
the
subiects
be
released
from
the
bond
of
their
allegiance
.
But
this
effect
doth
necessarily
follow
the
sentence
of
Excommunication
,
as
the
practise
of
the
Church
for
the
space
of
more
then
twelue
hundred
yeeres
doth
shew
.
To
this
argument
I
answered
,
that
by
no
practise
at
all
of
the
Church
it
can
be
prooued
,
that
the
absoluing
of
subiects
from
the
bond
of
their
alleagiance
,
which
by
the
law
of
God
is
due
to
all
absolute
Princes
,
is
an
effect
of
Excommunication
,
but
at
the
most
another
punishment
,
although
sometimes
imposed
together
with
Excommunication
,
as
Becanus
with
many
other
learned
Catholikes
doe
acknowledge
:
concerning
which
punishment
,
whether
it
may
for
any
crime
be
imposed
by
the
Popes
authoritie
vpon
absolute
Princes
,
or
onely
vpon
inferiour
Princes
by
the
consent
of
absolute
Princes
,
to
whom
they
are
subiect
in
temporals
,
it
hath
euen
bene
and
is
also
now
a
controuersie
among
learned
Catholikes
,
as
by
the
testimonie
of
those
two
Authours
,
whom
I
cited
a
little
before
,
o
o
Nu.
13.
and
also
of
many
others
cited
by
me
else
where
,
p
p
in
Apolog.
nu.
4
&
seq.
and
in
this
Treatise
,
part.
1.
per
totum
.
Becanus
in
q.
de
fide
haereticis
seruanda
cap.
8.
nu.
16.
Becan
.
in
Controu
.
Angl.
cap.
3.
q.
2.
Suarez
tom.
5.
disp.
15.
sec.
6.
nu.
3.
it
doth
cleerely
appeare
.
From
hence
it
is
very
apparant
,
Becanus
,
that
heretikes
by
this
precisely
that
they
are
excommunicated
,
are
not
depriued
of
their
dominion
or
iurisdiction
either
ouer
their
subiects
,
or
ouer
their
temporall
goods
,
but
this
depriuation
is
a
distinct
punishment
,
and
inflicted
by
a
distinct
law
.
It
is
one
thing
to
excommunicate
a
King
,
and
another
thing
to
depose
him
,
or
to
depriue
him
of
his
kingdome
,
neither
is
the
one
necessarily
,
connected
with
the
other
.
Many
Kings
and
Emperours
haue
bene
excommunicated
,
and
yet
not
therefore
deposed
,
and
contrariwise
many
deposed
and
yet
not
therefore
excommunicated
.
sayth
Suarez
vnlesse
an
other
thing
be
first
supposed
,
which
is
,
that
the
Lords
be
depriued
of
their
dominion
,
or
the
vse
thereof
,
because
the
dominion
remayning
still
in
it
force
,
it
can
not
be
,
but
that
the
subiects
are
bound
to
obey
and
consequently
to
communicate
at
leastwise
as
much
as
is
necessary
to
fulfill
their
obligation
,
according
to
the
chapter
Inter
alia
desentent
.
excommun
.
But
Excommunication
of
it selfe
hath
not
this
effect
,
because
as
it
doth
not
depriue
of
the
dominion
of
other
temporall
things
,
nor
of
the
vse
of
them
,
so
it
doth
not
depriue
of
this
dominion
,
because
there
is
no
more
reason
of
that
,
neither
is
there
any
law
,
wherein
this
is
specially
ordained
of
Excommunication
;
I
say
of
Excommunication
,
because
this
is
sometimes
ordained
in
the
law
concerning
some
excommunicated
persons
,
as
heretikes
,
yet
by
this
speciall
ordination
we
may
vnderstand
,
that
Excommunication
of
it selfe
hath
not
this
effect
;
for
when
this
effect
is
to
follow
,
it
is
necessarie
,
that
it
be
specially
expressed
in
the
law
or
sentence
.
And
therefore
when
this
effect
is
adioyned
,
I
doe
not
call
it
an
effect
of
Excommunication
,
but
a
peculiar
punishment
imposed
together
with
Excommunication
,
as
when
an
heretike
is
excommunicated
,
and
depriued
of
the
dominion
of
his
goods
,
this
depriuation
is
not
an
effect
of
Excommunication
,
but
a
certaine
punishment
ioyned
together
with
Excommunication
.
Thus
Suarez
.
We
haue
therefore
out
of
Becanus
,
and
Suarez
,
that
the
depriuing
Princes
of
their
dominion
,
or
iurisdiction
is
not
an
effect
of
Excommunication
,
contrarie
to
that
which
Fa.
Lessius
saide
to
deny
obedience
to
a
Prince
,
Bellarmine
,
so
long
as
he
remaineth
Prince
,
is
repugnant
to
the
law
of
God
;
and
the
dominion
or
iurisdiction
of
a
Prince
,
sayth
Suarez
,
Suarez
in
Defens
.
fidei
Cath.
lib.
6.
cap.
3.
nu.
6.
remayning
in
its
force
,
and
not
being
taken
away
,
it
can
not
be
,
but
that
the
subiects
are
bound
to
obey
,
because
the
obligation
of
obedience
,
sayth
hee
,
in
any
degree
or
state
whatsoeuer
doth
so
long
endure
in
the
subiect
,
as
the
dignity
,
or
power
,
and
iurisdiction
doth
endure
in
the
Superiour
,
for
these
are
correlatiues
,
and
the
one
dependeth
vpon
the
other
.
So
that
you
see
how
well
these
learned
Diuines
of
the
Societie
of
Iesus
doe
agree
among
themselues
in
assigning
the
reason
,
for
which
this
oath
of
allegiance
doth
containe
in
it
a
manifest
deniall
of
the
Popes
power
to
excommunicate
,
and
of
his
spirituall
Supremacie
.
And
whether
English
Catholikes
for
so
weake
and
slender
arguments
,
and
wherein
our
learned
Aduersaries
doe
not
agree
among
themselues
,
are
bound
to
hazard
their
perpetuall
libertie
,
In
Append.
part.
2.
sect.
4.
and
whole
estate
,
with
the
vtter
ruine
of
their
posteritie
,
I
remit
to
the
iudgement
of
the
pious
and
prudent
Reader
.
Theologicall
Disputation
that
learned
men
doe
not
blush
to
inculcate
so
often
and
secoldly
without
any
solid
proofe
that
very
argument
,
which
both
by
his
and
many
others
hath
bene
very
soundly
confuted
,
touching
the
declaration
of
his
mind
in
this
point
;
I
cannot
but
meruaile
,
that
such
a
learned
man
,
as
this
Authour
is
held
to
bee
,
cannot
distinguish
betwixt
the
contents
of
the
oath
,
and
the
end
or
intention
of
him
that
ordained
it
.
For
I
will
not
deny
,
but
that
his
might
intend
nothing
else
by
ordaining
this
oath
,
but
to
exact
of
his
subiects
a
profession
of
their
obedience
vnto
him
,
and
yet
neuerthelesse
hee
that
should
take
the
oath
should
thereby
abiure
the
(
for
the
reasons
before
declared
)
notwithstanding
his
protestation
of
his
intention
.
This
will
be
euident
,
&
seq
if
we
turne
the
case
to
a
like
oath
of
the
part
,
as
for
example
;
if
the
should
exact
an
oath
of
Catholikes
to
sweare
,
that
the
cannot
depriue
a
lawfull
Bishop
of
Canterbury
,
and
should
withall
protest
,
that
he
meaneth
not
thereby
to
make
them
abiure
,
or
deny
the
authoritie
,
but
only
to
professe
their
dutie
and
obedience
to
the
Sea
I
make
no
doubt
,
but
that
the
would
say
according
to
their
grounds
,
that
this
protestation
and
declaration
of
the
mind
,
could
not
excuse
the
takers
of
such
an
oath
from
the
deniall
of
the
Royall
authoritie
,
because
his
Ecclesiasticall
Supremacie
is
(
according
to
the
opinion
)
so
necessarily
included
in
his
Regall
,
or
Kingly
power
,
that
whosoeuer
denieth
the
one
,
doth
consequently
deny
the
other
.
In
which
respect
,
I
say
,
the
protestation
of
his
meaning
,
or
intention
could
not
in
the
opinion
,
warrant
the
swearers
from
periurie
.
And
so
say
we
in
this
case
of
his
publike
profession
,
and
declaration
of
his
intention
,
that
it
cannot
alter
the
nature
of
the
oath
,
or
derogate
any
thing
from
the
contents
thereof
,
or
from
the
or
from
his
beleefe
concerning
the
same
,
and
much
lesse
can
it
make
any
thing
in
the
oath
lawfull
,
which
is
otherwaies
vnlawfull
:
and
therefore
I
say
,
that
seeing
the
power
to
depose
Princes
,
is
necessarily
included
(
according
to
our
doctrine
and
beliefe
)
in
the
Ecclesiasticall
Supremacie
,
that
the
takers
of
the
new
oath
cannot
be
excused
from
the
deniall
of
the
supreame
authoritie
,
nor
consequently
from
periurie
,
notwithstanding
any
protestation
of
his
to
the
contrary
:
for
if
he
should
protest
,
that
he
doth
not
force
the
takers
of
the
oath
to
abiure
the
it
were
which
the
Lawyers
hold
to
be
nothing
worth
.
Apologie
,
Apologeticall
answere
,
Theologicall
Disputation
,
onely
to
require
of
his
Catholike
subiects
a
profession
of
that
temporall
and
ciuill
obedience
,
which
all
subiects
by
the
law
of
God
and
nature
do
owe
to
their
lawfull
Prince
,
according
to
the
opinion
of
all
Catholikes
,
according
to
his
beliefe
I
say
That
he
will
not
deny
,
but
that
his
by
ordaining
this
oath
,
might
intend
nothing
else
but
to
exact
of
his
subiects
a
profession
of
their
obedience
,
and
temporall
allegiance
,
and
not
of
his
Ecclesiasticall
Supremacie
Nu.
seq.
That
it
is
euident
enough
that
the
true
reason
why
the
authoritie
to
excommunicate
and
depose
a
temporall
Prince
is
impugned
by
the
oath
,
is
no
other
,
but
because
the
is
helde
to
be
no
way
subiect
to
the
yea
and
to
be
himselfe
supreme
head
of
the
Church
of
God
in
England
,
Popes
Supremacy
And
as
for
my
supposition
that
the
Oath
implieth
the
deniall
of
the
Thou
shalt
vnderstand
that
I
was
mooued
thereto
by
two
reasons
,
which
are
manifest
enough
in
the
very
place
,
which
citeth
:
The
one
was
,
because
it
is
euident
,
that
the
faith
and
beliefe
of
all
English
Protestants
is
,
that
the
is
no
way
subiect
to
the
but
that
hee
is
himselfe
supreame
head
of
the
Church
of
God
,
in
England
.
Whereupon
it
may
with
great
reason
bee
inferred
,
that
the
deniall
of
the
power
to
depose
his
which
is
expresly
contained
in
the
oath
,
is
supposed
and
implied
therein
,
as
a
necessary
consequent
of
their
beliefe
,
who
ordained
it
.
For
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
euerie
one
speaketh
,
writeth
,
and
decreeth
,
according
to
the
grounds
and
principles
of
his
beliefe
and
Religion
,
as
euery
Artisan
worketh
according
to
the
grounds
and
principles
of
his
Art
.
And
therefore
,
as
the
positions
,
assertions
,
and
decrees
of
knowne
and
professed
Catholikes
are
to
bee
interpreted
according
to
the
grounds
of
the
Catholike
faith
,
so
also
the
positions
of
all
Sectaries
whatsoeuer
are
to
be
vnderstood
according
to
the
different
doctrines
of
their
Sects
:
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
be
interpreted
according
to
their
different
Religions
,
and
their
different
grounds
,
and
sense
thereof
.
And
vpon
this
consideration
I
made
no
doubt
to
affirme
,
that
the
new
oath
,
denying
the
power
to
depose
his
implieth
the
deniall
of
the
for
that
not
onely
his
but
also
all
they
of
the
Parliament
which
decreed
it
,
doe
holde
and
beleeue
,
that
the
can
not
depose
his
because
hee
hath
no
authoritie
at
all
in
England
,
and
especially
ouer
his
My
other
reason
was
the
same
that
I
touched
before
,
concerning
the
necessary
deduction
of
the
power
to
depose
Princes
from
his
Ecclesiasticall
Supremacy
:
for
albeit
the
Supremacy
of
the
be
not
expresly
abiured
,
or
denied
by
this
oath
,
yet
it
is
denied
couertly
by
a
necessary
consequent
,
because
his
authoritie
to
depose
Princes
(
which
is
necessarily
deduced
from
the
supreame
power
that
Christ
gaue
him
)
is
denied
thereby
:
as
in
like
case
,
if
wee
should
deny
that
his
hath
any
lawfull
power
to
suspend
,
or
depriue
the
all
Protestants
would
say
,
that
we
deny
not
onely
his
Ecclesiasticall
Supremacy
,
but
also
his
temporall
and
Kingly
authoritie
,
because
the
power
to
suspend
and
depriue
Bishops
within
his
Realme
,
is
included
therein
,
and
necessarily
deduced
from
it
in
the
opinion
of
all
Protestants
.
And
in
like
manner
we
say
with
much
more
reason
,
that
whosoeuer
abiureth
the
power
to
depose
Princes
,
hee
doth
consequently
abiure
his
spirituall
authoritie
,
because
the
former
is
included
in
the
later
,
and
doth
necessarily
follow
of
it
,
as
it
hath
beene
amply
prooued
by
diuers
,
and
namely
by
me
in
my
Supplement
,
whereof
I
shall
haue
further
occasion
to
lay
downe
the
particulars
heereafter
.
good
Reader
notwithstanding
any
sentence
of
Excommunication
truely
it
is
a
wonder
,
that
learned
men
doe
not
blush
Popes
Supremacy
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
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
but
also
of
the
which
decreed
the
oath
,
that
the
cannot
depose
his
because
he
hath
no
authoritie
at
all
in
England
,
and
especially
,
ouer
his
therefore
it
is
great
reason
to
affirme
,
that
the
new
oath
denying
the
power
to
depose
his
implieth
a
deniall
of
the
Protestant
Bishops
they
take
deposition
,
or
any
such
temporall
violence
,
to
be
farre
without
the
limits
of
such
a
spirituall
Censure
,
as
Excommunication
is
.
In
his
booke
intituled
&c.
part.
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
whom
hee
acknowledgeth
to
be
his
true
and
lawfull
King
,
and
Soueraigne
ouer
all
his
Dominions
,
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
,
Theologicall
Disputation
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
,
For
it
is
to
bee
presumed
,
that
euery
one
,
speake
,
write
,
and
decree
according
to
the
grounds
and
principles
of
his
beliefe
and
Religion
,
as
euery
Artisan
doth
worke
according
to
the
grounds
and
principles
of
his
Art
,
as
the
positions
,
assertions
,
and
decrees
of
knowen
,
and
professed
Catholikes
,
are
to
be
interpreted
according
to
the
grounds
of
the
Catholike
faith
,
so
also
the
positions
of
all
Sectaries
are
to
be
vnderstood
according
to
the
different
doctrines
of
their
Sects
,
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
,
Aduersaries
Maior
to
make
a
triall
how
his
Catholike
subiects
stand
affected
towards
him
in
point
of
their
loyaltie
and
due
obedience
,
Theologicall
Disputation
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
:
caused
the
lower
house
of
Parliament
to
reforme
that
clause
,
which
contained
the
deniall
of
the
power
to
excommunicate
him
.
So
carefull
was
hee
that
nothing
should
bee
contained
in
this
except
the
profession
of
naturall
allegiance
,
and
ciuill
and
temporall
obedience
.
[
in
this
oath
]
for
as
the
oath
of
Supremacie
,
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
.
This
oath
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
.
that
I
haue
Now
then
to
conclude
this
point
,
whereas
saith
,
as
you
haue
heard
,
that
it
is
meruaile
,
that
learned
men
blush
not
to
affirme
the
minde
to
be
that
,
which
his
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
,
that
his
in
two
Breues
hath
declared
his
mind
concerning
this
oath
,
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
contrary
to
the
expresse
&
strickt
commandement
of
his
spiritual
Pastour
,
whose
voi●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.
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
very
first
so
fraudulent
,
friuolous
,
and
contrarie
to
his
owne
profession
,
as
you
haue
heard
in
this
Chapter
.
Holinesse
Breues
Theologicall
Disputation
S.
Peters
Popes
Holinesse
Holinesse
declaratiue
Kings
Maiestie
Kings
Maiestie
Popes
Holinesse
Pope
Sixtus
Popes
declaratiue
Popes
declaratiue
Popes
declaratiue
Holinesse
Breues
Theologicall
Disputation
Apostolicall
Breues
to
haue
no
shew
or
colour
of
probabilitie
,
The
accessorie
followeth
the
principall
Paul
.
1.
6.
If
you
haue
secular
iudgements
,
&c.
fraude
,
impudencie
,
impietie
,
and
of
being
no
good
Catholike
,
repugnant
to
my
owne
doctrine
malicious
,
improbable
,
impertinent
,
foolish
Fitzherberts
supposition
Theologicall
Disputation
Accessorium
sequitur
principale
,
The
accessorie
followeth
the
principall
,
seeing
not
only
the
body
,
but
also
temporall
goods
and
states
are
inferiour
to
the
soule
,
and
ordained
for
the
seruice
thereof
,
it
must
needes
follow
,
that
the
Church
hauing
power
and
authoritie
ouer
the
body
for
the
benefite
of
the
soule
,
hath
also
power
ouer
temporall
goods
and
states
,
when
it
is
necessarie
for
the
good
of
the
soule
,
and
for
the
glory
of
God
,
for
the
which
our
soules
,
bodies
,
goods
,
states
,
and
all
things
else
were
created
,
and
ordained
,
according
to
that
rule
of
the
law
,
The
accessorie
followeth
the
principall
.
To
this
inference
I
answered
briefly
in
this
manner
.
Secondly
,
euery
learned
man
may
perceiue
,
how
vaine
that
consequence
is
,
which
this
Authour
deduceth
,
The
accessorie
followeth
the
principall
,
therefore
the
Church
hauing
power
ouer
the
soule
,
hath
consequently
power
ouer
the
body
and
goods
,
except
it
be
vnderstood
of
the
power
to
command
corporall
things
so
farre
foorth
as
they
serue
to
spirituall
things
:
For
we
might
also
from
that
principle
argue
thus
:
The
accessorie
followeth
the
principall
,
therefore
he
that
is
Lord
of
all
horses
,
is
Lord
of
all
bridles
,
The
Pope
hath
power
ouer
the
soule
of
the
Prince
,
therefore
also
ouer
his
life
.
Let
this
Authour
explicate
,
what
the
Lawyers
vnderstand
by
the
name
of
accessorie
,
and
what
by
the
name
of
principall
,
in
that
axiome
of
theirs
,
which
suffereth
many
exceptions
,
and
is
limited
by
them
diuers
wayes
,
In
the
meane
time
wee
deny
his
consequence
,
[
not
consequent
,
]
as
Mr.
Fitzherbert
translateth
.
Wherein
I
wish
it
to
be
noted
,
granteth
,
and
after
what
he
denyeth
,
and
I
doubt
not
but
it
will
easily
appeare
,
that
he
ouerthroweth
his
owne
arguments
,
and
contradicteth
himselfe
.
He
granteth
,
as
you
see
,
that
my
consequence
is
not
vaine
,
if
it
be
vnderstood
of
a
power
in
the
to
command
corporall
things
,
so
farre
forth
as
they
are
to
serue
spirituall
things
,
&
yet
he
denyeth
my
consequence
,
albeit
I
doe
not
thereby
suppose
in
the
any
other
power
ouer
bodies
,
and
goods
,
then
such
as
followeth
of
their
subordination
to
the
soule
,
which
is
in
effect
the
same
relation
,
and
limitation
that
he
maketh
thereof
,
to
wit
,
so
far
forth
as
corporall
&
temporall
things
are
to
serue
spirituall
things
,
as
it
may
euidently
appeare
by
the
discourse
,
which
I
make
concerning
the
same
in
my
Supplement
,
from
whence
he
taketh
my
argument
:
and
therefore
I
thinke
good
to
repeate
here
,
what
I
haue
said
there
touching
this
point
,
whereby
I
hope
I
shall
not
onely
fortifie
,
and
prooue
my
consequence
,
which
he
denyeth
,
but
also
explicate
fully
,
what
I
meane
by
the
name
of
accessorie
,
and
principall
,
as
you
see
he
commanded
me
to
doe
wished
him
to
doe
the
Accessorie
followeth
the
principall
that
he
doth
not
thereby
suppose
in
the
any
other
power
ouer
bodies
,
or
goods
,
then
such
as
followeth
from
the
subordination
to
the
soule
,
which
is
in
effect
the
same
relation
and
limitation
that
maketh
thereof
,
to
wit
,
so
farre
forth
,
as
corporall
and
temporall
things
are
to
serue
spirituall
.
Hauing
discoursed
in
my
of
the
written
Law
of
God
deliuered
to
vs
in
the
New
Testament
,
and
prooued
thereby
,
that
our
Sauiour
made
Saint
the
supreame
Pastour
and
Gouernour
of
his
Church
,
I
prooued
also
the
extension
of
his
spirituall
power
to
temporall
things
thus
:
The
spirituall
Pastour
,
said
I
,
hauing
power
ouer
the
soule
,
must
needes
haue
authoritie
ouer
the
body
,
and
temporall
goods
or
states
so
farre
foorth
,
at
lest
,
as
it
shall
bee
conuenient
for
the
good
of
the
soule
,
according
to
the
rule
of
the
Law
,
to
wit
,
hee
that
hath
the
greater
power
hath
the
lesse
:
By
the
which
reason
the
Apostle
iustified
his
dealing
with
temporall
affaires
,
yea
with
such
as
appertained
to
politicall
gouernment
,
when
hee
aduised
the
Corinthians
to
constitute
and
appoint
Iudges
among
themselues
,
to
decide
their
controuersies
,
rather
then
to
haue
recourse
to
the
tribunals
of
Infidels
.
saith
he
as
who
would
say
,
Seeing
wee
haue
the
greater
and
more
eminent
authoritie
,
haue
wee
not
also
the
lesse
?
if
we
haue
power
ouer
spirituall
things
,
shall
wee
not
haue
power
ouer
temporall
and
secular
things
?
Thus
argueth
the
Apostle
,
and
thereupon
doubted
not
to
intermeddle
in
the
temporall
and
politicall
gouernement
,
which
then
belonged
to
the
Pagan
Emperours
.
he
that
hath
the
greater
power
hath
the
lesse
,
Plus
semper
continet
in
se
quod
est
minus
,
&
into
to
partem
non
est
dubium
contineri
,
The
greater
doth
alwaies
containe
in
it
the
lesse
,
and
there
is
no
doubt
but
that
a
part
is
contained
in
the
whole
,
That
which
is
obiected
Ioannes
Parisiensis
,
he
that
hath
power
to
doe
the
greater
,
Ioan.
Paris
hath
power
to
doe
the
lesse
therefore
the
who
hath
power
in
spiritualls
,
hath
also
power
in
temporalls
,
it
is
true
in
the
greater
and
lesser
which
are
subordained
,
as
because
a
Bishop
hath
power
to
ordaine
a
Priest
,
therefore
he
hath
also
power
to
ordaine
a
Deacon
:
but
it
doeth
not
hold
in
those
things
which
are
of
a
diuerse
order
or
kind
;
as
because
my
father
could
beget
a
man
,
therefore
hee
can
also
beget
a
dogge
:
or
because
a
Priest
can
absolue
from
sinne
,
therefore
hee
can
also
absolue
from
the
debt
of
money
.
S.
Paul
by
that
proposition
,
he
that
hath
the
greater
power
hath
the
lesse
,
did
iustifie
his
dealing
with
temporall
affaires
,
when
hee
aduised
the
Corinthians
to
constitute
and
appoint
Iudges
amongst
themselues
to
decide
their
controuersies
,
rather
then
to
haue
recourse
to
the
tribunalls
of
Infidells
,
S.
Chrysostome
a
maiori
ad
minus
,
from
the
greater
to
the
lesse
,
he
that
hath
the
greater
power
hath
the
lesse
,
hee
that
is
worthie
to
haue
the
greater
power
,
is
not
vnworthie
to
haue
the
lesse
.
S.
Paul
Know
you
not
that
the
Saints
shall
iudge
of
the
world
?
and
if
the
world
shall
bee
iudged
by
you
,
are
you
vnworthie
to
iudge
of
the
least
things
?
Know
you
not
that
wee
shall
iudge
Angels
,
how
much
more
secular
things
?
Benedictus
Iustinianus
The
Apostle
from
the
greater
For
if
the
Saints
are
accounted
worthie
to
be
appointed
Iudges
of
the
whole
world
,
who
can
thinke
them
vnworthie
to
bee
ouer
the
meanest
and
least
iudgements
?
If
to
your
iudgement
the
world
shall
be
subiect
,
are
you
to
bee
accounted
vnworthie
to
decide
and
compose
the
least
controuersies
and
strifes
of
your
brethren
?
If
we
shall
iudge
the
Angels
Iustinian
)
how
much
more
shall
wee
bee
fit
to
compose
the
strifes
and
controuersies
which
arise
concerning
things
necessarie
to
mans
life
?
the
Apostles
argument
doth
well
conclude
Iustinian
,
that
those
who
are
appointed
Iudges
of
the
world
,
cannot
bee
accounted
vnworthie
to
haue
charge
of
humane
iudgements
,
if
they
bee
appointed
by
them
who
haue
this
authoritie
,
or
who
may
by
right
subiect
themselues
to
their
iudgements
,
Neither
is
this
repugnant
Iustinian
,
to
the
publike
authoritie
of
Iudges
and
Magistrates
,
for
no
man
is
compelled
to
goe
to
the
Magistrate
,
if
by
other
waies
he
may
peaceably
maintaine
his
owne
right
.
D.
Schulck
If
therefore
you
shall
haue
secular
iudgements
,
the
contemptible
that
are
in
the
Church
set
them
to
iudge
who
shall
haue
controuersies
&
strifes
to
bee
debated
,
Iacobus
Almainus
,
Abulensis
S.
Thomas
Benedictus
Iustinian
that
by
this
any
man
may
easily
vnderstand
,
that
the
doth
not
speake
of
lawfull
iudgements
,
which
are
exercised
by
Magistrates
,
and
publike
Iudges
by
publike
authoritie
,
but
of
those
,
who
by
the
common
consent
are
appointed
deba●●rs
of
ciuill
controuersies
:
that
this
right
and
authoritie
of
the
to
command
humane
and
ciuill
things
doth
not
repugne
to
the
publike
authoritie
of
Iudges
and
Magistrates
,
for
that
no
man
is
compelled
to
goe
to
the
Magistrate
,
if
by
other
waies
he
may
peaceably
maintaine
his
owne
right
.
that
the
did
intermeddle
in
the
temporall
and
politike
gouernment
,
which
then
belonged
to
the
Pagan
Emperour
,
although
these
Iudges
whom
the
Apostle
commanded
the
Corinthians
to
appoint
,
had
not
indeede
a
coactiue
power
in
the
externall
Court
,
and
that
if
either
partie
would
not
obey
the
Apostle
,
and
goe
to
the
Iudges
appointed
by
the
Church
,
but
would
bring
his
cause
to
the
publike
tribunals
of
the
heathen
Magistrates
,
the
other
partie
was
bound
there
to
appeare
,
and
there
to
debate
his
cause
,
yet
they
were
not
meere
Arbiters
or
voluntary
Iudges
:
For
Arbiters
are
chosen
by
the
parties
,
but
these
were
chosen
by
the
common
consent
of
the
Church
,
and
were
appointed
by
publike
authoritie
,
by
the
command
of
the
Apostle
,
who
was
a
spirituall
Prince
.
Besides
,
none
are
bound
to
admit
Arbiters
,
vnlesse
they
will
,
but
Christians
were
bound
to
admit
these
Iudges
,
and
were
forbidden
to
goe
to
the
tribunals
of
Infidell
Princes
.
Moreouer
the
Saints
are
not
to
iudge
the
world
and
Angels
,
as
Arbiters
chosen
by
them
,
but
as
true
Iudges
,
and
as
sitting
with
Christ
the
supreame
Iudge
.
Kings
Maiesty
Assessores
supremi
Iudicis
Christi
those
Iudges
had
no
coactiue
power
in
the
externall
Court
,
and
that
if
one
of
the
parties
should
call
the
other
to
the
tribunall
of
the
Infidell
Magistrate
,
he
were
bound
to
appeare
,
and
debate
his
cause
before
the
Heathen
Iudge
,
in
Euang.
Theologicall
Disputation
Alphonsus
Salmeron
Moreouer
we
read
in
the
old
Testament
,
the
Prophet
had
power
to
inflict
temporall
punishment
,
yea
death
vpon
the
false
Prophets
of
whom
he
commanded
the
people
to
kill
in
his
presence
:
as
also
he
caused
fire
to
fall
from
heauen
,
and
consume
the
two
Captaines
of
King
and
their
troupes
In
like
manner
wee
reade
in
the
new
Testament
,
that
the
Apostles
extended
their
spirituall
authoritie
to
the
temporall
punishment
of
the
body
,
when
it
seemed
to
them
conuenient
for
the
glory
of
God
,
and
good
of
soules
:
and
therefore
with
suddaine
death
the
Magician
of
his
sight
and
deliuered
the
incestuous
Corinthian
to
the
deuill
to
be
bodily
〈◊〉
and
tormented
for
the
example
and
terrour
of
others
,
that
his
soule
might
be
saued
:
and
the
same
iudgements
,
and
corporall
punishments
these
Apostles
might
(
no
doubt
)
as
lawfully
haue
executed
vpon
any
Prince
in
the
world
,
if
hee
had
then
beene
a
Christian
,
and
giuen
the
like
occasion
.
And
the
same
iudgements
and
corporall
punishments
Fitzherbert
,
might
(
no
doubt
)
these
Apostles
as
lawfully
haue
executed
vpon
any
Prince
in
the
world
,
if
hee
had
beene
a
Christian
,
and
giuen
the
like
occasion
.
[
if
he
had
then
beene
a
Christian
]
S.
Peter
And
all
this
may
be
confirmed
by
the
common
custome
,
and
practise
of
the
Primitiue
Church
to
enioyne
bodily
penance
to
publike
penitents
,
as
to
attend
to
continuall
fasting
and
prayer
,
and
to
lye
vpon
sackcloth
and
ashes
(
as
it
may
be
seene
in
and
others
)
whereupon
it
followeth
,
that
if
the
Church
may
chastise
a
man
in
his
body
for
the
good
of
his
soule
,
much
more
may
she
chastise
him
in
his
goods
,
and
temporall
state
,
which
are
ordained
by
the
law
of
nature
to
serue
both
the
body
and
the
soule
,
as
the
Philosophers
touch
,
&
namely
who
therefore
aduised
a
Law-maker
to
procure
by
his
lawes
,
that
the
three
kinds
of
goods
(
to
wit
,
of
the
mind
)
the
body
,
and
fortune
)
be
sought
and
possessed
in
due
and
ordinate
manner
,
that
is
to
say
,
that
the
goods
of
the
mind
be
preferred
before
the
other
two
,
and
the
goods
of
the
body
esteemed
only
so
farre
forth
,
as
they
may
serue
the
mind
,
and
lastly
that
the
goods
of
fortune
(
which
are
honour
,
dignitie
,
wealth
and
temporall
states
)
be
accounted
no
better
then
ministers
and
seruants
of
both
the
other
.
cla●e
non
errante
,
the
key
not
erring
:
Whereupon
I
inferre
,
saith
my
according
to
the
axiome
of
the
law
,
that
seeing
not
onely
the
body
,
but
also
temporall
goode
,
and
states
are
inferiour
to
the
soule
,
and
ordained
for
the
seruice
thereof
;
a
must
needs
follow
,
that
the
Church
hauing
power
and
authoritie
ouer
the
body
for
the
benefite
of
the
soule
,
hath
also
power
ouer
temporall
goods
and
states
,
when
it
is
necessarie
for
the
good
of
the
soule
,
and
for
the
glorie
of
God
,
for
the
which
〈…〉
bodies
,
goods
;
states
and
all
things
else
were
created
and
ordained
.
And
this
me
thinkes
our
aduersaries
should
not
deny
,
seeing
that
their
Ecclesiasticall
discipline
admitteth
not
onely
corporall
chastisements
by
imprisonment
,
but
also
pecuniaris
mulcto
and
penalties
.
Therefore
vpon
this
I
inferre
,
that
Christian
Princes
being
sheepe
of
Christs
flocke
,
and
consequently
to
be
fedde
and
gouerned
by
the
supreme
Pastour
of
the
Church
,
may
also
be
chastised
by
him
in
their
temporall
states
,
when
it
shall
be
necessarie
for
the
glorie
and
seruice
of
God
,
the
benefite
of
soules
,
and
good
of
the
whole
Church
,
whereto
all
Christian
Kingdomes
,
and
Empyres
are
subordinate
,
and
subiect
,
as
I
haue
prooued
before
out
of
the
holy
Scripture
,
and
will
prooue
also
after
a
while
by
the
very
law
of
nature
,
and
light
of
reason
.
that
the
hauing
power
ouer
the
soule
,
hath
power
also
ouer
the
body
and
goods
,
when
it
is
necessarie
for
the
good
of
the
soule
and
glory
of
God
,
The
accessorie
followeth
the
principall
Accessorium
naturam
sequi
congruit
principalis
:
It
is
fit
,
or
conuenient
that
the
accessorie
follow
the
nature
of
the
principall
:
ff.
de
When
the
principall
cause
is
not
consisting
,
for
the
most
part
neither
those
things
that
follow
haue
place
,
[
plaerunque
,
for
the
most
part
]
it
is
fit
conuenient
,
that
the
accessorie
doe
follow
the
nature
of
the
principall
,
Cod.
de
The
accessorie
doth
not
follow
his
principall
,
when
in
the
accessorie
there
is
not
the
same
reason
,
which
is
in
the
principall
.
[
plaerunque
,
for
the
most
part
]
S.
Peter
S.
Peter
The
accessory
followeth
the
principall
The
place
of
Antecedents
Posito
antecedenti
necesse
est
poni
consequens
,
the
Antecedent
being
put
,
the
consequent
must
of
necessitie
be
put
,
or
follow
accessory
,
the
principall
being
put
,
the
accessory
must
of
necessity
follow
,
the
accessorie
doth
necessarily
follow
the
principall
.
separable
accident
that
Christian
Princes
being
sheepe
of
flocke
may
bee
chastised
by
the
supreame
Pastour
of
the
Church
in
their
temporall
states
,
Thus
did
I
discourse
and
argue
in
my
whereby
my
Aduersarie
may
perceiue
what
I
meane
by
the
and
by
the
as
that
the
soule
of
man
,
and
the
seruice
,
and
glory
of
God
are
the
and
that
the
is
the
body
,
goods
,
and
all
temporall
states
whatsoeuer
,
because
they
are
subordinate
to
the
soule
,
and
ordained
for
the
seruice
thereof
,
and
for
Gods
glory
.
consequent
,
principall
accessorie
or
consequent
A
rich
man
shall
hardly
enter
into
the
kingdome
of
heauen
:
that
will
be
made
rich
,
fall
into
tentation
and
the
snare
of
the
Deuill
,
and
many
desires
vnprofitable
and
hurtfull
,
which
drowne
men
into
destruction
and
perdition
By
many
tribulations
we
must
enter
into
the
kingdome
of
God
.
[
to
follow
the
nature
of
the
principall
]
may
see
the
force
and
validitie
of
my
consequence
,
to
wit
,
because
the
Church
hath
power
ouer
the
soule
,
(
which
is
the
therefore
it
hath
power
also
ouer
the
that
is
to
say
,
ouer
the
body
,
temporall
goods
,
and
states
,
when
it
is
necessarie
for
the
good
of
the
soule
,
and
the
glorie
of
God
,
for
which
our
soules
,
bodies
,
goods
,
states
,
and
all
things
else
were
ordained
.
The
accessory
consequent
doth
necessarily
follow
the
principall
or
antecedent
,
by
the
institution
of
Christ
may
note
his
absurditie
in
denying
the
consequence
,
and
yet
granting
it
in
effect
.
For
granting
,
as
hee
doth
,
that
the
body
,
and
temporall
goods
are
ordained
to
serue
spirituall
things
,
and
that
therefore
the
he
granteth
consequently
,
as
much
as
I
require
,
to
wit
,
that
the
hath
power
to
punish
corporally
and
temporally
,
when
it
shall
be
conuenient
for
the
good
of
soules
,
and
Gods
glorie
:
for
he
can
giue
no
sufficient
nor
probable
reason
why
the
can
doe
the
one
,
and
not
the
other
,
seing
that
it
can
not
be
denyed
,
but
that
the
Church
hath
alwaies
vsed
to
enioyne
bodily
penance
to
her
penitents
,
as
fasting
prayer
,
and
lying
vpon
sackcloth
and
ashes
,
which
was
vsually
imposed
euen
in
the
primitiue
Church
,
as
I
shewed
in
the
place
alledged
a
little
before
out
of
my
Supplement
.
Whereupon
I
inferre
that
if
the
Church
may
punish
a
man
in
his
body
for
the
good
of
his
soule
,
it
may
punish
him
in
his
goods
to
the
same
end
,
seeing
that
temporall
goods
are
inferiour
to
the
body
,
and
ordained
for
the
seruice
of
the
body
and
soule
,
as
I
haue
before
declared
by
the
opinion
of
the
Philosophers
themselues
.
But
because
he
will
giue
me
a
better
occasion
hereafter
infra
cap.
Item
cap.
&
seq
to
treate
more
amply
of
this
point
,
and
to
confute
a
friuoulous
distinction
of
his
,
of
the
power
to
command
corporall
things
,
and
to
punish
corporally
,
I
wil
now
say
somewhat
to
the
instances
,
that
he
bringeth
against
my
consequence
which
he
impugneth
,
by
drawing
two
other
consequences
from
the
same
principle
,
and
confronting
them
with
mine
to
shew
some
absurdity
therein
.
The
accessorie
or
consequent
followeth
the
principall
or
antecedent
,
The
accessory
or
consequent
followeth
the
principall
or
antecedent
,
The
accessorie
or
consequent
followeth
the
principall
or
antecedent
,
good
Reader
that
I
graunting
,
that
the
body
and
temporall
goods
are
ordained
to
serue
spirituall
things
,
and
that
therefore
the
hath
authoritie
to
command
corporall
and
temporall
things
in
order
to
spirituall
good
,
doe
consequently
graunt
so
much
,
as
he
requireth
,
to
wit
,
that
the
hath
power
to
punish
corporally
and
temporall
when
it
shal
be
conuenient
for
the
good
of
soules
,
and
Gods
glorie
:
a
friuolous
distinction
of
mine
of
the
power
to
command
corporall
things
,
and
of
the
power
to
punish
corporally
,
good
Reader
Gregorie
Nazianzene
The
accessorie
followeth
the
principall
,
therefore
he
who
is
Lord
of
all
horses
is
Lord
of
all
bridles
:
The
hath
power
ouer
the
soule
of
a
Prince
,
and
therefore
ouer
his
life
.
But
of
these
two
instances
I
must
needes
say
,
that
the
former
is
ridiculous
,
and
the
later
malicious
;
for
by
the
former
hee
impugneth
himselfe
,
and
not
mee
:
You
haue
heard
him
before
admit
my
consequence
,
so
that
it
bee
vnderstood
of
power
to
command
corporall
things
in
order
to
spirituall
;
for
he
saith
that
my
consequence
is
vaine
except
it
be
vnderstood
in
this
manner
,
and
therefore
being
vnderstood
so
,
hee
alloweth
it
for
good
.
And
if
we
vnderstand
it
so
then
it
must
needes
follow
according
to
his
owne
ground
,
that
hee
who
is
Lord
of
all
horses
(
which
are
the
principall
)
may
command
all
bridles
,
because
they
are
the
accessorie
.
Now
then
hee
must
either
grant
his
owne
argument
or
deny
it
;
if
be
grant
it
,
hee
prooueth
nothing
thereby
against
mee
,
but
rather
fortifieth
my
consequence
(
which
is
,
as
hee
himselfe
relateth
it
,
that
the
Church
hauing
power
ouer
the
soule
,
hath
power
also
ouer
the
body
and
goods
,
because
the
followeth
the
If
hee
deny
it
,
hee
denieth
his
former
grant
,
which
was
,
as
you
haue
heard
,
that
whosoeuer
hath
power
to
command
the
may
command
the
for
seeing
that
all
horses
are
the
and
all
bridles
the
(
according
to
his
owne
supposition
in
his
argument
)
hee
that
denieth
the
Lord
of
all
horses
to
bee
the
Lord
of
all
bridles
,
denieth
that
hee
who
hath
power
to
command
the
may
command
the
which
is
the
same
that
hee
hath
granted
already
,
as
you
haue
heard
;
so
as
I
see
not
to
what
purpose
this
his
argument
serueth
,
but
to
discouer
his
owne
folly
,
and
yet
forsooth
hee
will
haue
vs
to
beleeue
in
any
case
,
that
all
his
arguments
are
probable
at
least
.
good
Reader
The
accessorie
followeth
the
principall
The
accessorie
followeth
the
principall
,
therefore
he
who
is
Lord
of
all
horses
is
Lord
of
all
bridles
,
hee
who
can
command
all
horses
can
command
all
bridles
,
hee
who
can
dispose
of
all
horses
can
dispose
of
all
bridles
,
hee
who
buyeth
all
horses
must
consequently
buy
all
bridles
The
accessorie
or
consequent
must
follow
the
principall
or
antecedent
,
if
the
principall
or
antecedent
be
supposed
or
graunted
,
the
accessorie
or
consequent
must
of
necessitie
follow
:
Christ
,
accessorie
therefore
the
Church
hauing
power
ouer
the
soule
,
hath
power
consequently
ouer
the
body
and
goods
,
ducere
ad
inconueniens
non
est
soluere
argumentum
,
to
draw
one
to
an
inconuenience
is
not
to
solue
the
argument
,
But
let
vs
set
aside
graunt
,
and
consider
how
probable
is
the
instance
that
he
maketh
against
me
by
this
argument
considered
in
it selfe
,
and
compared
with
mine
.
sayth
he
which
no
doubt
is
true
,
if
he
speake
of
such
a
one
,
as
hath
a
supreme
dominion
,
or
power
,
as
I
doe
in
my
argument
,
when
I
speake
of
the
who
being
supreme
head
of
the
Church
,
and
in
that
respect
hauing
the
direct
charge
of
mens
soules
,
hath
also
indirectly
the
care
and
charge
of
whatsoeuer
is
to
the
soule
,
and
subordinate
thereto
,
so
farre
forth
,
I
meane
as
is
requisite
for
the
good
of
soules
:
as
also
in
like
manner
a
supreme
temporall
Prince
,
albeit
he
be
not
directly
the
Lord
of
all
horses
and
bridles
in
his
kingdome
or
State
,
yet
hauing
directly
the
charge
and
care
of
the
whole
common
wealth
,
he
may
dispose
not
onely
of
all
the
horses
,
but
also
of
all
the
bridles
in
the
common-wealth
,
when
it
shall
vndoubtedly
be
conuenient
,
and
necessarie
for
the
publike
good
thereof
.
The
accessorie
,
or
consequent
doth
necessarily
follow
the
principall
or
antecedent
,
therefore
a
supreme
temporall
Prince
,
who
is
Lord
of
all
horses
is
also
Lord
of
all
bridles
,
who
may
for
the
common
good
dispose
of
all
the
horses
in
his
kingdome
,
may
also
for
the
same
good
dispose
of
all
the
bridles
,
The
accessorie
followeth
the
principall
,
therefore
a
supreme
temporall
Prince
,
who
buyeth
all
horses
,
principall
,
must
consequently
buy
all
bridles
,
vi
consequentis
by
vertue
of
the
consequent
vi
consequentiae
,
by
vertue
of
the
consequence
,
by
vertue
of
the
consequence
The
accessorie
followeth
the
principall
euery
part
is
contained
in
the
whole
,
Christ
,
accessory
The
accessory
followeth
the
principall
,
therefore
the
hauing
power
to
commaund
,
and
to
dispose
of
spirituals
,
or
to
inflict
spirituall
punishments
,
hath
also
power
to
dispose
of
temporals
,
and
not
onely
to
command
or
inioyne
,
but
also
to
inflict
temporall
punishments
,
or
to
punish
temporally
by
way
of
constraint
.
And
if
wee
consider
argument
euen
in
particular
and
priuate
men
,
it
may
haue
a
very
true
sense
,
and
will
fortifie
mine
;
for
whosoeuer
is
Lord
of
any
horse
,
is
Lord
also
of
the
bridles
that
belong
to
that
horse
,
because
(
according
to
supposition
)
they
are
of
the
said
horse
,
and
therefore
according
to
my
axiome
,
doe
follow
their
and
the
same
must
needes
bee
granted
in
this
our
case
,
seeing
that
the
doth
no
otherwise
dispose
of
temporall
goods
then
the
same
doe
belong
to
particular
men
,
whom
he
hath
occasion
to
chastise
for
the
benefit
of
their
soules
,
and
the
publike
good
of
the
Church
;
and
therefore
when
he
punisheth
any
Prince
temporally
,
hee
neither
doth
,
nor
can
doe
it
in
other
mens
goods
,
but
onely
in
those
goods
,
or
states
,
which
belong
to
that
Prince
,
as
a
Lord
of
a
horse
disposeth
not
of
other
mens
bridles
,
but
of
the
bridles
that
belong
to
his
owne
horse
;
for
as
other
mens
bridles
are
not
of
that
horse
,
so
neither
are
other
mens
goods
to
the
Prince
,
who
is
to
be
punished
,
but
such
goods
or
states
onely
as
belong
to
him
,
and
may
consequently
be
disposed
of
by
his
supreme
Pastour
,
when
his
and
the
publike
good
of
the
Church
shall
necessarily
require
it
:
So
as
you
see
how
well
argueth
for
mee
,
and
therefore
the
probabilitie
that
I
see
in
this
his
argument
,
is
no
other
,
but
that
he
playeth
,
as
I
may
say
,
booty
with
me
,
and
helpeth
vnder
hand
to
defend
my
cause
.
Thus
much
for
the
first
argument
.
that
corporall
and
temporall
goods
are
to
the
spirituall
good
of
the
soule
,
for
that
they
are
ordained
and
referred
to
the
said
spirituall
good
.
the
accessory
followeth
the
principall
For
whosoeuer
is
Lord
of
any
horse
,
is
Lord
also
of
the
bridles
that
belong
to
that
horse
,
because
they
are
the
accessory
of
the
saide
horse
.
[
the
bridles
that
belong
to
that
horse
]
The
accessory
followeth
the
principall
accessorie
must
follow
the
principall
The
accessorie
followeth
the
principall
he
who
is
the
true
Lord
,
or
owner
of
any
horse
,
bridle
,
or
of
any
such
like
temporall
thing
hath
power
to
dispose
thereof
.
The
accessorie
followeth
the
principall
,
therefore
hee
who
is
Lord
of
all
horses
,
is
consequently
Lord
,
and
can
dispose
of
all
bridles
,
The
accessorie
followeth
the
principall
hee
who
is
Lord
of
any
bridle
hath
power
to
dispose
thereof
,
he
that
is
Lord
and
can
dispose
of
all
temporall
things
,
hath
consequently
power
to
dispose
both
of
all
horses
,
and
all
bridles
,
His
other
argument
,
or
instance
is
,
as
I
haue
said
no
lesse
malicious
then
his
last
was
foolish
and
ridiculous
.
Pope
,
saith
hee
wherein
you
see
hee
seeketh
to
draw
vs
to
an
odious
question
touching
the
liues
of
Princes
.
Neuerthelesse
to
say
somewhat
vnto
his
argument
,
and
yet
not
to
enter
into
such
an
odious
matter
,
let
him
make
the
case
his
owne
,
and
I
will
not
deny
,
but
that
the
hauing
power
ouer
his
soule
,
and
being
withall
supreame
Gouernour
of
the
whole
Church
,
hath
power
also
ouer
his
life
,
so
farre
foorth
as
it
may
be
conuenient
for
the
good
of
the
Church
,
I
meane
not
,
that
the
hath
power
to
take
his
life
without
iust
cause
,
or
by
vniust
,
or
vnlawfull
meanes
(
which
neither
the
temporall
Prince
,
who
hath
direct
power
ouer
his
body
can
doe
)
but
vpon
iust
occasion
giuen
by
him
,
and
according
to
the
ordinarie
manner
prescribed
by
the
Ecclesiasticall
Canons
,
that
is
to
say
,
by
deliuering
him
ouer
to
the
secular
Iustice
,
because
the
Church
,
as
and
therefore
the
Church
vseth
not
by
her
owne
ministers
to
giue
,
and
much
lesse
to
execute
the
sentence
of
death
vpon
any
,
though
shee
might
doe
it
,
if
shee
would
;
for
seeing
there
is
nothing
that
hindreth
it
,
but
Ecclesiasticall
Canons
,
the
being
head
of
the
Church
,
might
dispence
therewith
,
and
make
it
lawfull
,
if
iust
occasion
required
.
And
how
true
it
is
,
that
the
hath
power
ouer
the
life
of
any
Christian
(
with
the
circumstances
and
limitations
before
mentioned
)
I
feare
me
my
Aduersarie
might
find
to
his
cost
,
if
hee
were
heere
,
and
would
not
recant
his
doctrine
,
euen
in
this
point
,
to
wit
,
that
the
Church
cannot
inflict
temporall
and
corporall
punishments
,
whereby
hee
impugneth
not
only
the
ancient
,
and
vniuersall
practise
and
custome
of
the
Church
,
but
also
the
Ecclesiasticall
Canons
,
Concil.
Trid.
and
decrees
of
many
Councells
and
and
finally
of
the
Councell
of
as
I
shall
haue
good
occasion
to
shew
more
particularly
heereafter
6.
7.
In
the
meane
time
hee
is
to
vnderstand
,
that
granting
as
hee
doeth
,
that
the
body
is
subordinate
and
subiect
to
the
soule
,
and
that
all
corporall
and
temporall
things
are
to
serue
spirituall
things
,
yea
and
to
bee
commanded
by
the
supreame
spirituall
Pastour
to
that
end
(
and
consequently
that
they
are
in
the
respect
of
the
soule
and
good
of
the
Church
)
hee
cannot
with
reason
deny
the
consequence
of
my
argument
,
to
wit
,
that
forasmuch
as
the
therefore
he
that
hath
power
ouer
the
soule
,
and
all
other
spirituall
things
,
hath
power
also
ouer
all
things
that
are
thereto
,
namely
the
temporall
goods
,
states
,
and
bodies
of
all
Christians
,
when
the
good
of
soules
,
and
of
the
whole
Church
doth
necessarily
require
it
,
as
shall
bee
further
declared
after
a
while
12.
13.
14.
vpon
further
occasion
giuen
by
my
And
how
true
it
is
,
that
the
hath
power
ouer
the
life
of
any
Christian
,
with
the
circumstances
and
limitations
before
mentioned
,
to
wit
,
so
farre
foorth
as
it
may
be
conuenient
for
the
good
of
the
Church
and
vpon
iust
occasion
giuen
by
him
:
that
the
hath
power
ouer
the
temporall
goods
,
states
and
bodies
of
all
Christians
,
when
the
good
of
soules
,
and
of
the
whole
Church
doth
necessarily
require
it
.
because
it
draweth
him
to
an
odious
question
And
how
true
it
is
that
the
hath
power
ouer
the
life
of
any
Christian
(
with
the
circumstances
and
limitations
before
mentioned
)
I
feare
me
,
my
Aduersarie
might
finde
to
his
cost
,
if
he
were
here
at
Rome
,
and
would
not
recant
his
doctrine
euen
in
this
point
,
to
wit
,
that
the
Church
can
not
inflict
corporall
and
temporall
punishment
,
whereby
he
impugneth
Roman
,
Grecian
,
French
Iacobus
Almaine
that
for
as
much
as
the
accessorie
followeth
the
principall
,
therefore
he
that
hath
power
ouer
the
soule
and
all
other
spirituall
things
,
hath
power
also
ouer
the
temporall
goods
,
states
,
and
bodies
of
all
Christians
,
when
the
good
of
soules
and
of
the
whole
Church
doth
necessarily
require
it
,
Fa.
Lessius
hee
that
can
doe
the
greater
can
doe
the
lesse
,
foure
instances
two
instances
The
accessory
followeth
the
principall
foure
instances
The
like
argument
doth
vrge
Pope
,
saith
he
Thus
I
argued
in
that
place
.
1.
2.
Thus
saith
scoffing
and
cogging
,
as
you
see
,
and
shewing
his
malicene
lesse
then
before
.
But
how
sincerely
and
truely
he
alledgeth
the
argument
of
I
know
not
,
for
I
haue
not
his
booke
,
neither
did
I
euer
reade
it
,
and
I
make
no
doubt
,
but
if
it
had
beene
laid
downe
,
together
with
the
circumstances
thereof
,
it
would
haue
beene
cleere
enough
of
it selfe
,
and
not
haue
needed
any
defence
or
explication
of
mine
:
And
truely
although
it
were
as
bare
,
and
naked
as
he
makes
it
,
yet
the
would
be
good
and
sound
for
ought
he
saith
against
it
,
seeing
he
saith
nothing
in
effect
,
but
that
which
may
be
vrged
in
like
manner
against
the
Apostle
Saint
for
the
like
argument
,
in
his
Epistle
to
the
where
commanding
them
to
constitute
,
and
appoint
Iudges
amongst
themselues
to
decide
their
controuersies
,
he
said
,
as
who
would
say
,
seeing
wee
haue
the
greater
and
more
eminent
power
,
haue
we
not
also
the
lesse
?
if
we
haue
power
ouer
spirituall
things
,
haue
we
not
also
power
ouer
temporall
or
secular
things
?
Thus
argued
the
vpon
the
same
ground
that
doth
,
to
wit
,
vpon
this
principle
,
And
now
will
this
graue
Sophister
scoffe
at
the
argument
,
and
say
,
that
he
might
as
well
haue
concluded
,
that
for
what
can
bee
more
different
in
kinde
and
nature
,
then
Angels
,
and
secular
things
?
and
yet
neuerthelesse
the
prooued
soundly
by
an
argument
that
the
Church
might
ordaine
,
and
dispose
of
secular
iudgements
,
because
it
had
a
greater
power
to
iudge
of
Angels
:
and
the
reason
,
that
mooued
him
thereto
,
was
the
same
that
mooued
to
wit
,
the
subordination
of
secular
and
temporall
things
to
spirituall
:
for
albeit
spirituall
and
temporall
things
are
of
different
kinde
and
order
,
being
considered
in
their
owne
natures
,
yet
if
they
be
respected
and
conioyned
in
one
Ecclesiasticall
,
or
mysticall
body
,
and
referred
to
one
last
end
(
which
is
Gods
seruice
and
glory
)
they
are
subordinate
the
one
to
the
other
,
and
therefore
are
not
of
diuers
orders
in
that
respect
.
And
if
hee
grant
not
this
,
how
will
he
make
good
his
owne
former
grant
,
that
the
hath
power
to
command
corporall
and
temporall
things
,
doth
he
not
therein
acknowledge
this
subordination
,
and
thereupon
grant
that
power
in
the
as
a
consequent
of
his
spirituall
power
?
why
then
doth
he
deny
the
argument
of
grounded
vpon
the
same
consideration
,
seeing
he
argueth
concerning
things
subordinate
one
to
another
?
as
who
would
say
,
that
for
as
much
as
spirituall
things
are
superiour
in
order
and
dignitie
to
temporall
things
,
and
all
of
them
principally
ordained
and
referred
to
Gods
glory
and
seruice
,
therefore
he
that
hath
supreame
power
ouer
the
spirituall
(
which
is
the
greater
and
higher
)
hath
power
also
ouer
the
temporall
(
which
is
the
lesse
and
inferiour
)
to
dispose
thereof
,
as
shall
be
requisite
for
Gods
glorie
and
seruice
,
where
to
both
spirituall
and
temporall
things
are
ordained
.
Whereupon
it
also
followeth
,
that
the
hauing
power
to
excommunicate
Kings
,
may
depose
them
,
as
well
because
the
power
to
excommunicate
is
greater
then
the
power
to
depose
,
as
also
because
the
temporall
state
,
whereof
the
depriueth
the
Prince
,
is
ordained
to
serue
the
spirituall
,
and
therefore
to
be
disposed
by
the
supreame
spirituall
Pastour
,
so
far
forth
as
shall
be
necessarie
for
Gods
seruice
,
and
the
good
of
the
Church
.
So
that
you
see
the
argument
of
(
if
he
made
any
such
)
hath
a
good
consequence
.
Clerkes
,
Kings
the
materiall
sword
is
,
according
to
our
Sauiours
command
,
to
be
vsed
for
the
Church
,
but
not
by
the
Church
,
with
the
hand
of
the
Souldier
,
not
of
the
Priest
,
at
the
booke
,
or
direction
of
the
but
at
the
command
of
the
Emperour
.
hee
that
can
doe
the
greater
can
doe
the
lesse
,
hee
that
is
not
vnworthie
to
doe
the
greater
,
is
not
vnworthie
to
doe
the
lesse
.
he
that
hath
the
greater
authoritie
hath
the
lesse
,
therefore
he
who
is
Lord
Chancellour
is
also
Lord
Chamberlaine
,
arbitrarie
Iudges
Arbitrarie
Iudges
quatenus
spiritualibus
deseruiunt
,
so
farre
forth
as
they
serue
spirituall
things
,
dispose
of
temporall
things
,
so
farre
soorth
as
they
are
to
serue
spirituall
things
,
Nurses
,
Patrons
The
accessorie
followeth
the
principall
The
accessorie
followeth
the
principall
He
that
can
doe
the
greater
can
doe
the
lesse
,
that
the
because
he
can
excommunicate
a
King
,
which
is
the
greater
punishment
,
can
also
depose
a
King
,
which
is
the
lesse
.
He
that
can
doe
the
greater
can
doe
the
lesse
,
that
the
because
he
hath
power
to
excommunicate
a
King
,
which
is
the
greater
,
hath
power
also
to
depose
him
,
which
is
the
lesse
.
This
being
so
let
vs
examine
a
little
what
goodly
arguments
hath
made
to
confront
with
the
former
,
to
discouer
the
absurdity
,
which
he
supposeth
therein
.
The
first
is
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
hauing
excommunicated
,
and
deposed
a
King
,
may
murther
him
or
cause
him
to
be
murthered
and
that
some
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
.
But
if
he
vnderstand
nothing
else
by
the
word
,
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
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
.
transeat
,
let
it
passe
.
For
whither
all
this
doth
tend
,
euery
man
seeth
:
neither
is
it
hard
to
solue
the
arguments
:
Let
them
passe
,
as
making
nothing
to
the
matter
:
with
the
liues
of
Princes
he
will
not
intermeddle
,
because
it
is
an
odious
question
,
yet
he
maketh
no
doubt
,
but
that
the
hath
power
ouer
my
life
,
and
ouer
the
life
of
any
Christian
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
nemo
laeditur
nisi
a
semetipso
,
no
man
is
hurt
but
by
himselfe
.
in
libro
whosoeuer
hath
power
to
doe
the
greater
,
hath
power
to
do
the
lesse
,
therefore
a
man
who
hath
power
to
vnderstand
,
hath
power
also
to
flie
But
who
seeth
not
the
disparitie
,
absurditie
therein
?
for
what
dependance
,
subordination
,
or
connexion
can
be
imagined
betwixt
vnderstanding
,
and
flying
?
whereas
he
him selfe
granteth
a
subordination
of
temporall
things
to
spirituall
,
and
therefore
is
also
forced
,
as
you
haue
heard
,
to
acknowledge
a
power
in
the
to
command
temporall
things
in
order
to
spirituall
whereby
he
conuinceth
him selfe
of
extreame
folly
in
framing
this
argument
,
which
hath
no
affinitie
with
the
other
.
It
is
one
thing
to
excommunicate
a
King
,
and
an
other
thing
to
depose
him
,
or
depriue
him
of
his
kingdome
;
neither
is
the
one
necessarily
connected
with
the
other
.
a
subordination
of
temporall
things
to
spirituall
,
and
therefore
is
forced
to
acknowledge
a
power
in
the
to
command
temporall
things
in
order
to
spirituall
.
that
,
albeit
excommunication
and
deposition
,
temporall
things
and
spirituall
are
of
a
distinct
kinde
and
order
beeing
considered
in
their
owne
natures
,
yet
if
they
bee
respected
as
they
are
referred
to
one
last
end
(
which
is
Gods
seruice
and
glorie
)
they
are
not
of
diuers
orders
,
but
are
connected
in
that
respect
:
good
Reader
The
Pope
can
excommunicate
,
therefore
he
can
depose
,
he
that
can
do
the
greater
can
do
the
lesse
,
that
the
Pope
can
excommunicate
,
therefore
he
can
depose
,
because
temporall
things
are
subordained
to
spirituall
things
,
the
accessorie
followeth
the
principall
he
that
can
do
the
greater
can
doe
the
lesse
,
that
the
because
he
can
vnderstand
,
which
is
the
greater
,
can
also
she
which
is
the
lesse
.
he
that
can
do
the
greater
can
do
the
lesse
,
He
that
can
doe
the
greater
can
doe
the
lesse
,
theref●re
a
priuate
Priest
,
who
can
absolue
from
sinnes
,
can
also
absolue
from
debts
,
altereth
the
case
in
making
his
instance
in
priuate
Priests
,
whose
power
is
much
limited
,
when
the
argument
,
which
he
impugneth
speaketh
of
the
who
is
the
supreame
spirituall
Pastour
,
and
hath
and
therefore
albeit
we
teach
,
that
the
may
excommunicate
and
depose
a
Prince
,
yet
no
man
holdeth
,
that
a
priuate
Priest
can
doe
either
of
them
both
,
yea
and
wee
see
,
that
in
the
great
Councell
of
(
where
the
deposition
of
Princes
was
ordained
to
be
practised
in
some
cases
)
the
sentence
of
their
deposition
was
reserued
to
the
might
excommunicate
him
Besides
that
,
it
is
to
be
considered
concerning
the
absolution
of
sinnes
,
and
debts
,
that
as
neither
Priest
,
nor
can
absolue
from
sinnes
in
all
cases
(
as
when
the
sinner
is
not
penitent
,
or
will
not
make
restitution
of
fame
,
or
goods
,
when
he
may
conueniently
doe
it
)
so
may
the
absolue
from
debts
in
some
cases
for
the
very
same
reason
,
and
in
the
very
same
case
that
he
may
depose
a
Prince
,
to
wit
for
the
iust
punishment
of
an
offender
,
when
the
same
shall
be
very
necessarie
for
the
benefite
of
the
whole
Church
;
for
in
such
a
case
all
priuate
respects
of
temporall
good
or
harme
ought
to
yeeld
to
the
common
good
of
soules
,
and
the
publike
weale
of
the
Church
;
as
in
like
manner
all
ciuill
obligations
cease
,
when
they
are
encountred
,
and
ouerweighed
with
the
consideration
of
some
great
benefite
,
or
inconuenience
to
the
whole
common
wealth
,
for
which
respect
the
temporall
Prince
might
in
such
a
case
iustly
ordaine
,
that
a
debter
should
bee
discharged
in
law
from
the
payment
of
his
debt
,
whereby
the
sayde
debter
should
bee
also
discharged
in
conscience
.
And
much
more
may
the
supreame
spirituall
Pastour
of
the
Church
discharge
a
man
from
all
obligation
in
conscience
to
pay
a
debt
,
when
the
same
shall
bee
necessarie
for
the
spirituall
good
,
and
publike
benefite
of
the
Church
,
whereto
all
temporall
things
ought
to
yeeld
;
so
as
the
may
in
some
cases
absolue
from
debts
,
as
well
as
from
sinnes
;
and
when
hee
cannot
,
the
reason
is
such
,
as
doth
nothing
derogate
from
his
supreame
authoritie
,
and
power
to
depose
Princes
;
and
therfore
this
argument
of
my
is
as
impertinent
as
the
former
.
He
that
can
doe
the
greater
can
doe
the
lesse
:
He
that
can
doe
the
greater
can
doe
the
lesse
,
euery
Pope
qui
potest
maius
,
potest
minus
,
he
that
can
doe
the
greater
can
doe
the
lesse
,
hee
that
can
doe
the
greater
can
doe
the
lesse
,
therefore
a
priuate
Priest
who
can
build
a
Church
can
build
a
Chappell
,
hee
that
can
doe
the
greater
can
doe
the
lesse
,
he
that
was
neuer
taught
Logicke
,
cannot
bee
a
good
Logician
,
but
F.
T.
was
neuer
taught
Logicke
,
therefore
F.
T.
cannot
bee
a
good
Logician
,
T.
F.
was
neuer
taught
Logicke
,
and
yet
hee
is
a
good
Logician
,
and
therefore
that
Maior
proposition
,
hee
that
was
neuer
taught
Logicke
cannot
bee
a
good
Logician
,
is
Thomas
Fitzherbert
he
that
can
doe
the
greater
can
doe
the
lesse
,
(
hee
that
can
He
that
can
doe
the
greater
can
doe
the
lesse
,
therefore
a
priuate
Priest
who
hath
power
to
giue
the
kingdome
of
heauen
,
to
wit
,
by
vertue
of
the
Sacraments
,
hath
power
to
giue
an
earthly
kingdome
,
changeth
the
state
of
the
question
,
transferring
it
from
the
to
a
priuate
Priest
;
for
albeit
this
argument
holdeth
not
in
priuate
Priests
,
yet
it
is
good
in
the
if
we
change
the
consideration
of
the
force
of
the
Sacraments
(
whereto
my
Aduersarie
ascribeth
the
power
)
to
the
plenitude
of
power
,
by
the
vertue
whereof
the
hath
a
supreame
authoritie
;
and
therefore
the
argument
would
be
good
thus
:
for
the
later
being
a
necessarie
consequent
of
the
former
,
is
necessarily
comprehended
in
it
,
because
the
by
the
plenitude
of
his
power
hath
as
much
authoritie
and
iurisdiction
,
as
is
necessarie
for
the
gouernment
and
good
of
the
Church
.
Whereupon
it
followeth
,
that
whensoeuer
it
shall
be
absolutely
necessarie
and
behoouefull
for
the
Church
,
that
he
change
or
transferre
a
kingdome
or
Empire
,
he
may
doe
it
,
and
giue
not
only
the
Kingly
or
Imperiall
title
,
but
also
the
right
to
the
crowne
,
as
the
third
hee
that
can
doe
the
greater
can
doe
the
lesse
,
a
Priest
can
giue
the
kingdome
of
heauen
,
he
that
can
doe
the
greater
,
therefore
he
can
giue
an
earthly
kingdome
,
therefore
he
can
doe
the
lesse
Euery
white
thing
is
pleasant
to
the
taste
,
therefore
sugar
is
pleasant
to
the
taste
,
Euery
white
thing
is
pleasant
to
the
taste
,
therefore
chalke
is
pleasant
to
the
taste
,
For
albeit
this
argument
holdeth
not
in
priuate
Priests
,
yet
it
is
good
in
the
if
wee
change
the
consideration
of
the
force
of
the
Sacraments
(
whereto
ascribeth
the
power
)
to
the
plenitude
of
power
,
by
the
vertue
whereof
the
hath
a
supreme
authoritie
good
Reader
can
excommunicate
Kings
,
therefore
he
can
depose
them
,
because
hee
that
can
inflict
the
greater
punishment
can
inflict
the
lesse
,
maxime
,
he
that
can
doe
the
greater
,
can
doe
the
lesse
,
The
Pope
may
giue
the
heauenly
kingdome
,
and
therefore
hee
may
giue
an
earthly
,
hee
that
can
doe
the
greater
can
doe
the
lesse
,
because
the
hath
a
plenitude
of
power
,
by
which
hee
may
giue
the
heauenly
,
and
consequently
an
earthly
kingdome
.
that
the
hauing
power
to
excommunicate
Kings
may
depose
them
,
as
well
because
the
power
to
excommunicate
is
greater
then
the
power
to
depose
,
as
also
because
the
temporall
state
,
whereof
the
depriueth
the
Prince
,
is
ordained
to
serue
the
spirituall
,
and
therefore
to
bee
disposed
by
the
supreme
spirituall
Pastour
,
so
farre
soorth
as
shall
be
necessarie
for
Gods
seruice
,
and
the
good
of
the
Church
,
The
accessory
followeth
the
principall
that
hee
that
can
doe
the
greater
can
doe
the
lesse
,
that
the
by
the
plenitude
of
his
power
may
giue
the
heauenly
kingdome
,
and
therefore
hee
may
giue
an
earthly
,
because
hee
that
can
doe
the
greater
can
do
the
lesse
,
Lessius
medium
that
the
hath
the
aforesaid
power
ouer
temporall
goods
and
States
,
yea
and
of
the
bodies
of
all
Christians
,
so
farre
forth
,
at
least
,
as
it
shall
be
conuenient
for
the
good
of
the
soule
,
and
of
the
Church
,
Popes
plenitude
it
is
not
absolutely
necessarie
,
for
the
good
of
the
Church
to
resist
the
common
enemie
,
as
is
the
Turke
.
For
if
the
Church
,
could
conuerse
vnder
the
most
cruell
persecutions
of
why
may
it
not
also
vnder
the
persecution
of
the
Turks
?
for
that
it
is
one
thing
,
to
relate
the
facts
of
Kings
,
Popes
)
and
an
other
thing
to
prooue
their
power
,
right
and
authoritie
.
As
Leo
the
third
Pope
of
that
name
,
13
Egmarth
801.
Paul
.
23.
Zonaras
gaue
to
the
great
the
Empyre
of
the
West
,
which
was
acknowledged
by
the
Greeke
Emperours
themselues
to
be
the
For
nothing
can
be
concluded
by
arguments
taken
from
authoritie
negatiuely
.
For
it
doth
not
follow
,
Luke
,
Paul
and
Seneca
doe
not
say
,
that
S.
was
at
Rome
,
therefore
S.
was
not
at
Rome
;
For
these
three
were
not
bound
to
say
all
things
,
and
more
credite
is
to
be
giuen
to
three
witnesses
affirming
,
then
to
a
thousand
saying
nothing
,
so
that
these
doe
not
deny
,
what
the
others
doe
affirme
.
Pope
,
Senate
That
I
must
either
approoue
Card.
opinion
,
or
else
cleerely
contradict
my selfe
in
my
answere
.
The
answere
of
to
the
rest
of
the
examples
,
which
are
taken
from
the
facts
of
the
third
&c.
is
examined
in
Apol.
cap.
●
pag.
And
of
the
translation
of
the
Empire
,
Cardinall
hath
exactly
,
soundly
,
and
diligently
written
three
bookes
of
a
iust
bignesse
,
in
so
much
that
nothing
doth
seeme
can
be
added
thereunto
.
Onely
at
this
time
I
doe
make
this
argument
against
my
Aduersary
Either
that
translation
was
true
,
or
faigned
:
If
hee
say
it
was
faigned
,
hee
will
bee
ouerwhelmed
with
the
voyces
of
all
Historiographers
,
and
hee
will
take
away
all
humane
faith
out
of
the
world
.
But
if
hee
say
it
was
truely
done
,
I
aske
againe
,
whether
it
was
done
iustly
,
or
vniustly
?
if
hee
say
it
was
done
vniustly
,
first
he
will
contradict
almost
all
Catholike
Writers
:
for
onely
the
Heretikes
doe
blame
it
as
one
of
the
miracles
of
Besides
that
hee
will
wrong
all
the
Latin
Emperours
,
who
from
that
time
haue
beene
,
&
shall
be
,
as
though
their
Empire
is
not
grounded
vpon
a
sound
foundation
:
he
will
reprehend
all
the
people
of
the
West
,
yea
all
the
world
,
who
haue
hitherto
honoured
the
Latin
Emperour
,
as
a
true
and
lawfull
possessour
of
the
Empire
.
For
also
the
themselues
with
their
Emperour
,
and
the
as
wee
haue
related
out
of
in
the
former
Chapter
haue
acknowledged
the
Emperours
,
as
true
and
lawfull
Emperours
.
But
if
say
that
it
was
done
iustly
,
I
demand
whether
it
was
done
by
the
authority
of
the
the
Citizens
of
assenting
,
or
also
requesting
it
,
or
whether
it
was
done
by
the
authoritie
of
the
people
of
assenting
,
and
crowning
,
and
blessing
the
Emperour
chosen
by
the
people
,
or
whether
it
was
done
by
the
authoritie
of
the
and
of
the
people
of
together
.
If
he
will
say
that
it
was
done
by
the
authoritie
of
the
the
Citizens
of
assenting
and
requesting
it
,
he
will
agree
both
with
the
truth
of
the
fact
,
and
with
and
with
almost
all
Historiographers
,
and
he
will
confirme
the
argument
drawne
from
this
example
,
which
hee
endeuoureth
to
weaken
.
For
doth
not
reiect
the
Authors
which
my
citeth
,
who
doe
adioyne
the
people
of
to
the
in
the
worke
of
the
translation
of
the
Empire
,
so
that
the
true
power
,
and
authoritie
of
transferring
the
Empire
be
giuen
to
the
alone
,
and
assent
,
desire
,
request
,
and
acclamation
be
giuen
to
the
people
.
But
if
he
will
say
,
that
it
was
done
by
the
authoritie
onely
of
the
people
,
the
onely
assenting
,
and
crowning
the
Emperour
chosen
by
the
people
,
or
also
by
the
authoritie
of
the
people
,
and
of
the
together
,
he
will
most
manifestly
contradict
himselfe
,
for
that
in
this
whole
booke
he
hath
repeated
a
thousand
times
,
that
the
people
are
bound
by
the
Law
of
God
to
obey
their
Prince
,
and
that
neither
in
the
case
of
Heresie
,
nor
in
any
other
case
,
ciuill
obedience
can
by
the
people
be
deuied
to
the
Prince
,
whom
once
th●y
haue
had
and
therefore
that
the
people
,
who
by
the
Law
of
God
are
subiect
,
cannot
depose
their
Prince
.
Let
my
Aduersary
choose
what
part
he
will
,
and
hee
will
be
compelled
either
to
agree
with
us
,
or
to
contradict
himselfe
.
whether
it
was
done
iustly
or
vniustly
,
to
whom
it
appertaineth
to
write
barely
,
simply
and
truely
the
facts
of
men
to
whom
it
appertaineth
to
decide
what
is
right
or
wrong
.
A●astasius
Bibliothecarius
Beneuutus
de
Rambaldis
Nicolaus
Gillius
Carolus
Sigonius
that
the
people
cannot
in
any
case
deny
ciuill
obedience
to
that
Prince
whom
once
they
haue
had
,
that
he
who
is
once
a
Prince
,
can
not
of
his
owne
accord
leaue
to
be
a
Prince
,
Generall
Councell
Nauclerus
,
Aeneas
Siluius
Michael
Coccinius
Charles
Martellus
West
Empire
Pope
,
Senate
qui
tacet
consentire
videtur
when
the
Empresse
heard
,
that
was
called
,
and
crowed
Emperour
by
shee
did
not
onely
gainesay
,
but
also
she
would
haue
married
and
had
done
,
if
certaine
perfidious
Eunuches
had
not
hindered
her
,
as
doe
write
in
the
life
of
the
said
being
dead
the
Emperour
,
who
did
succeede
her
,
sent
Ambassadours
to
as
to
an
Emperour
,
as
writeth
in
this
Chronicle
of
the
yeere
And
a
little
after
being
dead
suceeding
him
sent
Ambassadours
to
who
likewise
did
publikely
honour
him
as
an
Emperour
,
as
writeth
in
his
Chronicle
of
the
yeere
exactly
,
soundly
,
and
diligently
written
,
But
the
Empire
of
the
West
,
was
acknowledged
by
the
Greeke
Emperours
themselues
to
be
the
gift
;
and
therefore
in
Alex.
Emperour
of
Constantinople
in
the
time
of
the
first
,
vnderstanding
of
the
dissention
betwixt
him
,
and
the
third
,
sent
Ambassadours
to
the
and
offered
him
not
only
a
great
army
with
great
summes
of
money
,
but
also
to
reunite
the
Greeke
Church
with
the
Latin
,
if
hee
would
restore
that
Empire
of
the
West
to
the
Emperours
of
Constantinople
.
Emanuel
Commenus
that
the
first
translation
of
the
Roman
Empire
from
the
Constantinopolitans
to
the
French
Princes
was
done
by
the
authoritie
and
consent
,
not
only
of
the
Clergy
,
&
people
of
but
also
by
the
suffrages
of
the
people
,
and
principall
men
of
all
Italie
.
Emanuel
Commenus
Pope
Alexander
In
like
manner
the
second
translation
of
the
West
Empire
from
the
French
(
that
is
to
say
from
the
familie
of
the
great
vnto
the
was
made
especially
by
the
authoritie
of
the
as
Card.
prooueth
cleerely
in
his
Treatise
of
the
translation
of
the
Empire
.
only
by
the
authority
of
the
[
especially
Sea
Apostolike
We
reade
also
Fitzherbert
,
that
the
first
Christian
King
of
France
,
being
desirous
after
his
Baptisme
,
to
make
good
,
and
establish
his
right
and
title
to
that
kingdome
,
professed
to
receiue
the
same
from
the
hands
of
the
by
authoritie
and
commission
of
the
Sea
Apostolike
.
Sea
Apostolike
Sea
Apostolike
finde
it
to
his
cost
Papirius
Maso
that
King
the
first
,
did
professe
to
receiue
his
kingdome
,
or
his
right
and
title
thereunto
from
the
hands
of
Archbishop
of
Rhemes
by
authoritie
and
commission
of
the
Sea
Apostolike
,
Papirius
Maso
Rhemes
consecrated
and
elected
future
King
of
France
,
after
he
had
declared
the
Catholike
faith
vnto
him
,
and
had
professed
the
same
,
and
taken
his
oath
to
defend
the
Church
,
and
his
kingdome
,
taking
staffe
into
his
hands
,
did
quietly
and
peaceably
discourse
,
how
the
election
and
consecration
of
the
did
belong
chiefely
to
him
,
from
the
time
,
that
did
Baptize
and
consecrate
Hee
did
also
discourse
,
how
by
that
staffe
gaue
to
this
power
consecrating
,
and
the
whole
principalitie
,
or
of
France
,
and
how
did
grant
it
to
him
,
and
his
Church
.
Then
his
Father
beckoning
he
chose
him
to
be
after
him
Papirius
Maso
[
election
that
the
King
doth
neuer
die
.
Also
when
King
of
had
killed
the
holy
Bishop
the
seuenth
did
not
only
excommunicate
and
depose
him
,
but
also
commanded
the
Bishops
of
that
Realme
,
that
they
should
not
annoint
and
crowne
any
without
his
expresse
leaue
,
and
order
,
whereby
he
that
succeeded
had
but
the
title
of
which
remained
also
to
his
Successours
for
the
space
of
two
hundred
and
fiftie
yeares
.
So
as
this
matter
is
cleare
not
only
in
reason
,
but
also
in
practise
and
so
hath
been
for
many
ages
,
whereby
it
appeareth
,
that
the
may
giue
as
well
the
earthly
,
as
the
heauenly
kingdome
for
the
good
of
the
Church
,
by
the
same
reason
,
and
power
,
that
he
may
depriue
Princes
of
their
states
,
when
they
deserue
it
,
and
the
good
of
the
Church
requireth
it
.
And
thus
thou
seest
how
probably
this
man
hath
impugned
the
argument
of
seeing
that
of
foure
arguments
that
he
hath
scoffingly
framed
to
counterfeit
the
same
,
and
to
prooue
a
bad
consequence
therein
,
there
is
not
any
one
to
his
purpose
,
and
some
of
them
being
truly
vnderstood
,
and
vrged
according
to
the
true
state
of
the
question
(
which
he
hath
changed
in
them
)
doe
make
directly
for
vs
;
so
that
his
scoffes
doe
fall
vpon
one
but
himselfe
,
and
his
owne
ridiculous
arguments
;
and
therefore
whereas
he
concludeth
them
with
a
gybing
demand
,
asking
,
I
may
with
much
more
reason
demand
of
him
,
whether
these
and
such
other
answeres
and
arguments
of
his
,
are
not
goodly
ones
to
mooue
the
English
Catholikes
to
be
so
prodigall
of
their
soules
as
to
cast
them
away
vpon
his
word
,
by
denying
fidelitie
,
and
obedience
to
their
spirituall
Pastour
,
who
hath
the
charge
of
their
soules
.
But
it
seemeth
that
his
minde
and
hand
is
altogether
vpon
his
halfe
penny
(
as
the
prouerbe
speaketh
)
seeing
that
he
hath
so
great
care
of
the
Catholikes
goods
,
and
so
little
of
their
soules
,
that
he
would
haue
them
venter
and
hazard
their
eternall
saluation
to
saue
their
temporall
goods
:
but
I
hope
will
inspire
them
to
be
wiser
,
and
alwaies
to
remember
the
golden
sentence
of
our
Sauiour
,
Pope
Gregory
contrary
to
the
custome
of
his
Ancestours
,
Bishop
Stanislaus
Aeneas
Siluius
19.
Bohemiae
foure
instances
absurd
,
impertinent
,
foolish
,
ridiculous
,
and
malicious
,
cogging
,
scoffing
,
gibing
Render
to
God
and
Caesar
that
which
is
their
due
,
these
and
such
like
reasons
are
no
good
arguments
to
mooue
the
English
Catholikes
prodigally
to
cast
away
their
goods
,
and
to
deny
their
allegiance
to
his
to
render
both
to
that
which
is
their
due
Popes
Monarchy
Kings
Soueraigntie
sure
definition
Sea
Apostolike
Render
to
the
things
that
are
and
the
things
that
are
[
that
Princes
who
are
excommunicated
or
depriued
by
the
may
be
deposed
,
or
murdered
by
their
subiects
,
or
any
other
whatsoeuer
]
Philo
,
Theodoret
and
Procopius
Widdringtons
answere
to
his
arguments
deduced
from
the
law
of
God
is
confuted
by
the
expresse
words
,
and
text
of
the
Supplement
,
and
prooued
to
be
not
onely
improbable
,
but
also
fraudulent
,
in
that
he
dissembleth
the
whole
substance
,
and
pith
of
My
Aduersarie
hauing
trifled
,
as
you
haue
heard
,
in
the
precedent
Chapters
,
goeth
forward
no
lesse
impertinently
in
these
words
,
Quarto
si
quis
&c.
Fourthly
,
if
a
man
doe
attentiuely
read
ouer
Mr.
Fitzherberts
discourse
,
he
shall
most
clearely
see
,
that
he
hath
effectually
prooued
nothing
else
out
of
the
Law
either
of
God
,
or
of
Nature
,
but
that
the
temporall
power
in
spirituall
things
,
and
in
temporall
(
as
they
are
reduced
to
spirituall
)
is
subiect
to
the
spirituall
power
,
so
farre
forth
as
concerneth
commandement
,
and
a
spirituall
manner
of
correction
,
and
not
temporall
.
So
Widdrington
.
Wherein
he
seemeth
to
acknowledge
,
as
you
see
,
that
I
haue
effectually
prooued
by
the
law
of
God
and
Nature
,
that
the
temporall
power
is
subiect
to
the
spirituall
,
so
farre
forth
as
concerneth
the
authoritie
to
command
,
though
not
to
punish
temporally
;
meaning
,
that
the
spirituall
power
may
command
temporal
and
corporall
things
so
farre
forth
as
they
are
to
serue
the
spirituall
(
for
so
you
haue
heard
him
also
confesse
before
and
that
it
may
punish
(
that
is
to
say
,
by
the
way
of
spirituall
censures
)
but
no
way
wherein
I
wish
to
be
obserued
what
he
granteth
,
and
what
he
denyeth
,
for
of
his
grant
will
easily
follow
the
confutation
of
his
denyall
,
as
I
haue
partly
signified
before
and
will
shew
more
amply
14
15
when
I
shall
haue
examined
how
true
it
is
,
that
I
haue
prooued
effectually
nothing
else
,
but
that
which
he
mentioneth
.
For
to
this
purpose
it
is
to
be
considered
what
I
haue
debated
concerning
the
law
of
God
in
my
where
I
said
thus
I
will
speake
of
the
law
of
God
,
which
if
it
be
considered
,
as
it
is
a
written
law
,
is
diuided
into
the
law
of
and
the
law
of
deliuered
by
our
Sauiour
and
albeit
the
law
of
(
for
so
much
as
concerneth
the
iudiciall
and
ceremoniall
part
thereof
)
doth
not
bind
vs
Christians
,
yet
I
will
make
it
manifest
,
euen
by
that
law
,
that
the
spiritual
power
was
then
the
supreme
power
on
earth
,
and
commanded
all
temporall
authoritie
,
yea
and
that
it
might
and
did
chastise
Princes
temporally
when
it
was
necessarie
for
the
glorie
of
God
,
and
the
good
of
the
Church
.
This
appeareth
by
the
law
of
God
set
downe
in
that
he
hath
prooued
effectually
nothing
else
by
the
law
of
but
that
the
temporall
power
in
spirituall
things
,
and
in
temporall
,
as
they
are
reduced
to
spirituall
,
is
subiect
to
the
spirituall
power
,
so
farre
forth
as
concerneth
commandement
,
and
a
spirituall
manner
of
correction
,
and
not
temporall
:
S.
Bonauenture
In
the
old
Testament
the
Priesthood
was
subiect
to
the
kingdome
,
and
therefore
Kings
then
had
power
to
remooue
the
high
Priests
from
their
office
,
as
S.
Thomas
It
is
not
improbable
that
in
the
olde
Testament
the
King
was
absolutely
greater
then
the
high
Priest
,
both
for
that
so
teacheth
S.
in
his
first
booke
and
also
for
that
in
the
old
Testament
the
promises
were
temporall
,
and
the
sacrifices
carnall
.
Alphonsus
Tostatus
Abulensis
Script
.
Eccles
a
man
most
renowmed
Bellarmine
for
holinesse
and
learning
,
Ioannes
Franciscus
Victoria
cited
by
Antonius
Corduba
Ioannes
Salas
You
must
also
know
Abulensis
,
that
had
power
to
kill
although
he
was
the
High
Priest
,
for
that
in
the
old
Testament
the
Ecclesiastical
power
was
not
distinct
from
the
Secular
power
but
Priests
were
directly
subiects
to
the
King
as
Lay
men
.
Also
there
was
not
a
distinction
of
punishments
for
Priests
and
Lay
men
,
but
in
enormious
crimes
the
sentence
of
death
was
common
to
all
:
and
because
had
committed
treason
,
hee
was
to
be
put
to
death
,
vnlesse
would
pardon
him
.
And
that
Priests
were
subiect
to
Lay
men
it
appeareth
where
God
said
as
it
hath
beene
more
declared
was
a
secular
Prince
,
to
wit
,
of
the
tribe
of
Ephraim
.
that
hee
will
make
it
manifest
euen
by
the
law
of
that
the
spirituall
power
was
then
the
supreame
power
on
earth
,
and
commanded
all
temporall
authoritie
,
yea
and
that
it
might
and
did
chastise
Princes
temporally
,
that
in
the
olde
Testament
the
high
Priests
were
subiect
to
Kings
,
and
that
the
temporall
power
was
superiour
to
the
spirituall
,
and
might
remooue
the
high
Priests
from
their
office
,
and
punish
them
temporally
,
if
they
should
deserue
it
.
Deuteronomie
.
This
appeareth
by
the
law
set
downe
in
wherein
it
is
ordained
expressely
,
that
the
highest
tribunall
for
iudgement
,
not
only
for
spirituall
,
but
also
for
politicall
,
and
temporall
causes
,
should
be
in
the
hands
of
the
high
Priest
.
The
words
of
the
law
are
these
.
Si
defficile
,
&
ambiguum
apud
te
iudicium
esse
perspexeris
,
These
are
the
words
of
the
Law
of
God
in
wherein
it
is
to
be
noted
,
that
albeit
there
be
here
mention
made
of
the
Iudge
to
be
consulted
together
with
the
Priests
(
which
some
of
the
take
to
be
a
temporall
Iudge
,
though
he
may
very
well
be
vnderstood
to
bee
the
high
Priest
,
who
was
supreme
Iudge
in
the
Councell
of
Priests
)
neuerthelesse
I
say
,
that
albeit
he
were
a
temporall
Iudge
,
yet
it
is
euident
,
that
the
finall
decision
of
the
doubts
,
and
controuersies
in
that
Consistorie
,
and
consequently
the
supreme
authoritie
resided
in
the
high
Priest
;
seeing
that
the
said
Iudge
,
if
he
were
a
different
person
,
was
no
other
then
Minister
,
either
to
see
the
high
Priests
commandement
executed
,
or
to
ordaine
,
and
decree
the
punishment
of
those
,
who
should
disobey
him
,
it
being
ordained
in
the
Law
,
that
he
So
that
it
belonged
to
the
high
Priest
absolutely
to
command
,
and
to
the
Iudge
to
giue
sentence
of
death
against
the
transgressors
of
his
commandement
;
besides
that
,
good
Reader
vulgate
Edition
Councell
of
Trent
who
shall
not
receiue
for
sacred
and
canonicall
the
entire
bookes
of
holy
Scripture
with
all
their
parts
,
as
they
are
accustomed
to
be
read
in
the
Catholike
Church
,
and
are
extant
in
the
ancient
vulgate
Latine
edition
,
this
ancient
and
vulgate
Edition
,
which
by
long
custome
of
so
many
ages
hath
beene
approoued
in
the
Church
shall
be
receiued
for
Canonicall
in
publike
lessons
,
disputations
,
sermons
,
and
expositions
,
and
that
no
man
shall
dare
,
or
presume
to
reiect
it
vnder
any
pretence
:
that
heereafter
the
holy
Scripture
,
and
especially
this
ancient
and
vulgar
Edition
shall
bee
printed
very
correctly
Pope
Sixtus
vulgate
Edition
Pope
Clement
vulgate
Edition
vulgate
Edition
and
thou
shalt
come
to
the
of
the
Leuiticall
stocke
,
and
to
the
that
shall
be
at
that
time
,
and
to
the
vulgate
Edition
:
But
he
that
shall
be
proud
refusing
to
obey
the
commandement
of
the
which
at
that
time
ministreth
to
our
and
the
decree
of
the
that
man
shall
die
,
and
thou
shalt
take
away
,
But
he
that
shall
be
proud
,
refusing
to
obey
the
commandement
of
the
which
at
time
ministreth
to
our
that
man
shall
die
by
the
decree
of
the
and
thou
shalt
take
away
that
this
may
very
well
be
vnderstood
to
be
the
High
himselfe
,
who
was
the
supreme
and
albeit
he
were
a
temporall
neuerthelesse
,
I
say
Fitzherbert
,
it
is
euident
that
the
finall
decision
of
doubts
and
controuersies
in
that
consistory
,
and
consequently
the
supreame
authoritie
resided
in
the
High
seeing
that
the
said
if
hee
were
a
different
person
,
was
no
other
then
a
[
and
]
but
he
that
is
proud
refusing
to
obey
the
commandement
of
the
high
and
the
decree
of
the
[
and
the
Iudge
to
be
a
different
person
from
the
high
vulgate
Edition
that
he
who
should
be
so
proud
as
to
disobey
the
commandement
of
the
high
and
the
decree
of
the
should
die
by
the
decree
of
the
vulgate
Edition
Pope
Sixtus
I
say
Nicolaus
de
Lyra
I
say
Here
it
is
treated
of
superiour
Iudges
,
to
whom
there
ought
to
be
made
recourse
in
doubtfull
and
difficult
matters
:
and
some
things
are
put
for
example
:
when
it
is
said
,
that
is
,
when
one
part
of
the
Iudges
doe
say
that
the
shedding
of
bloud
of
such
a
man
is
to
be
punished
with
death
,
because
it
is
reduced
to
wilfull
murther
,
an
other
part
saith
no
,
because
it
is
to
be
reduced
to
chance-medley
:
to
wit
,
when
one
part
of
the
Iudges
saith
,
that
the
cause
of
the
plaintife
is
iust
,
and
an
other
,
the
cause
of
the
defendant
:
to
wit
when
one
part
saith
,
that
the
disease
of
such
a
man
is
leprosie
,
and
an
other
saith
it
is
not
.
In
these
cases
and
such
like
there
must
be
had
recourse
to
superiour
Iudges
,
to
wit
,
to
the
high
Priest
,
and
to
the
Iudge
of
the
people
of
Israel
.
And
sometimes
it
happened
,
that
both
offices
did
concurre
in
one
person
,
as
it
is
manifest
in
who
was
and
high
of
the
people
but
more
commonly
they
were
distinct
persons
,
as
also
offices
.
Therefore
this
recourse
may
be
vnderstood
to
both
ioyntly
;
and
this
was
in
causes
,
which
could
not
be
decided
by
one
without
the
other
,
as
in
the
building
of
the
temple
,
which
could
not
be
performed
without
Kingly
authoritie
,
nor
ordered
without
the
direction
of
the
Priest
;
or
seuerally
to
both
,
that
in
spirituall
causes
there
should
be
recourse
to
the
high
and
in
temporalls
to
the
And
from
this
grew
the
custome
,
that
from
inferiour
Ecclesiasticall
there
is
made
appeale
to
the
chiefest
and
from
inferiour
and
Secular
to
the
that
the
highest
tribunall
for
iudgement
in
the
new
law
,
not
only
for
spirituall
,
but
also
for
politicall
,
and
temporall
causes
is
in
the
hands
of
the
chiefe
spirituall
Pastour
to
inflict
temporal
punishments
as
he
was
a
Priest
Holy
,
Moyses
Besides
that
afterwards
God
commanded
the
people
exactly
to
obey
the
Priests
,
without
mention
of
any
other
threatening
to
punish
them
him selfe
,
in
case
they
should
transgresse
the
same
,
saying
,
So
said
Almightie
God
.
And
to
mooue
them
the
rather
to
this
exact
obedience
,
which
he
commanded
,
he
added
presently
that
is
to
say
,
how
seuerely
the
Prophetesse
,
&
sister
to
for
her
disobedience
to
him
,
&
was
stroken
with
leprosie
for
the
same
;
by
which
example
Almightie
God
did
notably
inculcate
vnto
the
people
the
necessitie
of
their
obedience
to
the
and
the
danger
of
his
indignation
,
and
seuere
punishment
,
which
they
should
incurre
by
neglecting
their
dutie
therein
.
Thus
said
I
in
my
and
hauing
prooued
afterwards
most
amply
,
that
gaue
also
to
the
high
not
only
a
soueraignitie
of
authoritie
,
but
also
an
infallibilitie
of
doctrine
&
iudgement
in
causes
of
doubts
and
controuersies
,
euen
of
temporall
matters
,
and
hauing
also
shewed
the
great
priuiledges
of
the
who
were
separated
wholly
Malachie
,
The
lippes
of
the
shall
keepe
knowledge
and
the
law
they
shall
require
of
his
mouth
,
because
he
is
the
Angell
,
or
Messenger
of
the
Lord
of
Hosts
And
the
Lord
spake
to
saying
,
Command
the
children
of
Israel
that
they
cast
out
of
the
campe
euery
leaper
,
and
whosoeuer
hath
a
flux
of
seede
,
and
is
polluted
vpon
the
dead
,
as
well
man
as
woman
,
cast
ye
out
of
the
campe
.
in
fine
that
God
gaue
also
to
the
high
an
infallibilitie
of
doctrine
,
and
iudgement
in
causes
of
doubts
,
and
controuersies
euen
of
temporall
matters
.
the
high
Priest
did
iudge
in
the
presence
of
some
Prophet
to
whom
the
truth
was
reuealed
by
God
,
or
because
they
did
know
the
secrets
of
things
by
the
pla●es
of
the
vestement
,
which
was
called
the
wherein
was
contained
and
truth
,
whereof
we
haue
treated
when
the
high
consulted
our
about
any
thing
by
entering
into
the
Sanctuary
in
the
day
of
Expiation
,
which
happened
but
once
a
yeere
;
for
on
that
day
the
did
speake
vnto
our
within
the
Sanctuary
,
and
did
heare
him
speake
in
the
as
hath
beene
declared
For
therefore
it
was
commanded
,
that
at
what
time
the
high
did
enter
into
the
Sanctuary
,
no
man
should
be
in
the
Tabernacle
,
to
wit
,
least
he
should
heare
those
things
,
which
were
spoken
in
the
Sanctuary
.
to
instruct
in
the
questions
of
the
Law
,
and
to
consult
almighty
was
a
spirituall
thing
that
the
Leuites
,
and
Priests
were
separated
wholly
from
temporall
and
ciuill
state
in
such
sort
,
that
they
had
no
dependance
thereon
,
Thomas
,
Abulensis
in
the
Olde
Testament
the
Priesthood
was
subiect
to
the
Kingdome
,
and
Priests
were
directly
subiect
to
the
King
,
as
Laymen
were
,
God
said
,
that
who
was
the
high
and
the
rest
of
the
Israelites
were
subiect
to
who
was
a
Secular
Prince
,
to
wit
,
of
the
tribe
of
Ephraim
,
Moses
,
Aaron
was
in
temporalls
greater
then
because
hee
iudged
the
whole
people
,
as
it
is
contained
,
and
he
commanded
the
people
those
things
,
which
they
ought
to
doe
.
But
in
was
simply
greater
then
was
the
high
one
of
the
simple
Leuites
.
Also
because
had
directly
a
right
to
minister
,
but
had
onely
this
for
want
of
but
this
hee
had
not
by
any
order
,
or
ordination
.
And
if
thou
say
,
that
was
greater
then
because
hee
commanded
him
to
doe
these
sacrifices
,
and
whatsoeuer
he
did
,
I
answere
,
Abulensis
,
that
it
is
not
inferred
from
this
,
because
did
not
therefore
commaund
these
things
,
as
hauing
authoritie
to
commaund
by
some
Prelacie
,
or
Order
,
but
because
hee
was
the
messenger
of
relating
those
things
,
which
had
commaunded
;
whereupon
it
is
not
properly
saide
that
did
commaund
,
but
that
hee
did
declare
the
things
to
be
done
.
But
if
thou
yet
obiect
,
that
was
greater
then
did
consecrate
It
is
answered
that
it
is
not
deduced
from
this
:
for
therefore
did
consecrate
because
there
was
no
high
that
could
consecrate
him
,
nor
also
then
any
inferiour
for
that
as
well
the
high
as
the
inferiour
were
consecrated
:
and
yet
neuerthelesse
this
consequence
is
not
of
force
,
this
man
doth
consecrate
that
man
,
therefore
hee
is
greater
then
hee
.
For
the
is
consecrated
by
a
who
is
inferiour
to
the
and
after
his
consecration
the
doth
command
him
that
consecrated
him
.
So
also
it
happened
among
the
high
in
the
Olde
Testament
.
For
except
the
consecration
of
which
was
done
by
who
was
no
and
except
the
consecration
of
which
was
done
without
any
ceremonies
,
as
we
shewed
at
large
,
all
the
later
consecrations
of
the
high
were
done
by
inferiour
was
not
greater
,
for
that
he
consecrated
was
greater
;
and
because
,
as
the
it
was
fit
that
the
blessing
ouer
the
people
should
bee
done
by
I
added
further
concerning
the
power
and
authoritie
of
the
high
in
temporall
things
,
that
whereas
both
the
dignities
,
spirituall
,
and
temporall
,
were
sometimes
in
one
person
,
as
in
and
the
and
sometimes
disioyned
in
distinct
,
and
seuerall
persons
,
as
in
the
time
of
and
the
it
is
manifest
,
that
when
they
were
seuered
,
the
spirituall
was
alwaies
superiour
,
as
it
may
appeare
by
the
commandement
of
almighty
God
to
when
he
bad
him
take
and
lay
his
hands
vpon
him
before
and
all
the
multitude
,
and
giue
him
part
of
his
glory
,
and
that
should
consult
with
all
the
affaires
of
that
is
to
say
,
the
word
of
to
distribute
his
honour
,
or
dignitie
betwixt
yet
so
,
that
should
alwaies
learne
of
what
he
was
to
doe
;
whereby
it
appeareth
,
that
was
to
bee
directed
by
in
all
affaires
touching
the
ciuill
gouernment
,
which
is
sufficiently
expressed
by
those
words
,
shall
goe
out
,
and
in
at
the
word
of
to
make
it
manifest
by
the
Law
of
in
the
Olde
Testament
,
that
the
spirituall
power
was
then
the
supreme
power
on
earth
,
and
might
and
did
chastise
Princes
temporally
.
Iosue
;
Iosue
and
do
thou
command
the
was
not
onely
the
Captaine
of
the
people
,
but
also
of
the
although
hee
was
neither
a
nor
a
but
of
the
Tribe
of
Ephraim
,
as
it
appeareth
,
and
he
did
command
not
onely
the
inferiour
of
whom
it
is
spoken
in
this
place
,
but
also
the
high
as
it
appeareth
where
it
is
said
to
wit
at
the
word
of
to
wit
And
the
cause
hereof
is
this
,
for
that
in
the
Olde
the
Secular
and
Ecclesiasticall
,
or
the
Priestly
,
and
Regall
Iurisdictions
were
not
distinct
,
as
they
are
now
,
although
the
offices
of
the
were
altogether
distinct
from
the
actions
of
the
Lay
men
:
whereupon
the
when
they
offended
,
might
be
put
to
death
by
the
as
the
Lay
men
might
But
some
will
say
that
the
state
of
was
more
honourable
,
because
he
was
the
high
was
the
of
the
people
,
but
the
state
of
was
greater
then
the
state
of
Lay
men
,
as
the
is
more
excellent
then
the
But
it
is
to
be
answered
,
that
this
is
false
.
For
the
state
of
in
the
Olde
was
not
more
excellent
,
then
the
state
of
but
the
were
iudged
by
and
not
onely
concerning
but
also
who
was
no
was
greater
then
the
high
as
it
appeareth
where
it
is
said
,
that
that
is
shall
doe
whatsoeuer
they
ought
to
doe
:
Therefore
was
Superiour
,
because
to
command
is
an
act
of
a
Superiour
.
At
his
word
he
shall
goe
in
,
and
shall
goe
out
,
that
is
,
shall
serue
at
the
commandement
of
by
doing
whatsoeuer
he
shall
command
.
For
to
goe
out
,
and
goe
in
,
is
by
the
manner
of
speech
taken
for
euery
worke
.
So
it
was
taken
aboue
,
that
would
put
in
authority
ouer
the
Israelites
a
man
,
who
should
goe
out
and
goe
in
before
them
,
that
is
,
should
doe
whatsoeuer
ought
to
be
done
before
his
people
,
and
in
all
things
to
be
before
them
commanding
and
instructing
.
But
some
may
take
for
to
goe
into
the
Sanctuary
to
consult
the
because
it
was
saide
aboue
And
in
this
place
it
is
added
,
that
at
his
commandement
he
ought
to
doe
this
,
to
wit
,
that
whensoeuer
should
be
commanded
to
consult
the
he
must
be
subiect
to
doe
it
.
But
this
sense
cannot
stand
,
because
did
not
goe
into
the
Sanctuarie
to
consult
the
within
the
Sanctuarie
putting
on
his
vestements
,
but
by
the
he
did
consult
the
as
it
hath
beene
declared
.
Also
it
can
not
stand
,
because
it
is
not
spoken
onely
of
that
he
shall
Iosue
,
but
also
of
all
the
children
of
but
they
did
not
goe
in
to
consult
the
therefore
the
first
sense
must
stand
.
Yet
it
is
to
be
considered
that
because
he
was
the
Secular
is
preferred
here
directly
before
the
high
so
that
was
bound
to
obey
in
all
things
,
which
he
should
command
,
as
likewise
all
the
rest
of
the
people
;
and
so
it
was
in
the
time
of
Moyses
,
who
was
not
a
who
was
the
high
did
obey
him
,
who
was
the
of
the
people
.
And
so
it
was
in
all
the
old
Testament
,
that
the
high
were
subiect
to
the
At
his
word
he
shall
goe
out
and
shall
goe
in
,
in
the
cleane
contrarie
sense
,
then
wherein
doth
expound
them
manifest
out
of
this
place
that
when
the
dignities
spirituall
and
temporall
were
disioyned
in
distinct
and
seuerall
persons
,
as
in
the
time
of
the
spirituall
was
alwaies
superiour
that
at
the
word
of
shall
go
out
,
and
go
in
,
at
the
word
of
shall
goe
out
,
and
goe
in
,
Also
the
holy
Scripture
declaring
how
the
Land
of
Promise
was
diuided
,
setteth
it
downe
in
this
manner
:
Thus
sayth
the
Scripture
giuing
the
preheminence
in
the
diuision
of
the
land
to
the
high
before
the
temporall
Prince
Cardinall
Bishops
Cardinall
Priests
Cardinall
Priests
Cardinall
Deacons
This
is
it
which
the
children
of
Israel
possessed
in
the
land
of
Canaan
,
which
the
Priest
,
and
the
sonne
of
and
the
princes
of
the
families
by
the
tribes
of
Israel
gaue
to
them
are
related
the
persons
diuiding
the
land
of
the
nine
tribes
,
and
a
halfe
,
to
wit
,
and
the
ancients
or
elders
of
Israel
.
Wherein
it
is
to
be
considered
that
alone
before
the
passage
of
diuided
the
land
of
two
tribes
and
a
halfe
,
although
the
Priest
,
and
the
multitude
of
the
Israelites
,
to
wit
,
the
Princes
of
the
multitude
,
did
assist
him
,
as
it
appeareth
and
if
he
had
liued
,
none
other
had
diuided
the
land
.
But
when
he
was
dead
,
there
did
succeed
other
diuiders
:
and
it
was
not
giuen
to
as
the
onely
diuider
,
because
would
not
giue
to
any
one
after
the
death
of
all
this
power
,
as
he
had
giuen
to
for
that
he
would
not
appoint
any
one
equall
to
him
.
Therefore
before
the
death
of
he
caused
,
that
there
should
be
assigned
diuiders
of
the
land
of
whereof
the
principall
power
he
gaue
to
as
it
appeareth
to
wit
,
that
should
take
the
land
from
the
hands
of
the
enemies
,
and
he
should
diuide
it
by
lots
.
But
there
were
giuen
other
coadiutors
of
euery
tribe
,
and
was
giuen
.
For
the
high
Priest
is
put
as
a
helper
of
in
all
things
,
as
it
appeareth
is
put
here
in
the
first
place
,
not
for
that
he
was
the
more
worthie
either
for
state
,
or
holinesse
.
did
sufficiently
excell
,
seeing
that
he
was
greatly
beloued
of
did
speake
vnto
him
very
often
,
which
is
not
apparant
of
Neither
was
the
state
of
in
the
old
more
excellent
,
then
the
state
of
were
iudged
by
and
this
not
onely
concerning
but
also
who
was
not
a
was
greater
then
the
high
as
it
appeareth
where
it
is
said
,
that
the
high
and
euery
one
shall
at
the
commandement
of
goe
in
,
and
goe
out
,
that
is
,
shall
doe
whatsoeuer
they
ought
to
doe
.
Therefore
was
the
greater
,
because
to
command
is
an
act
of
the
greater
.
Yet
is
here
put
before
,
because
the
writer
of
this
booke
would
obserue
the
order
of
the
writing
of
But
when
described
the
diuiders
of
the
land
of
he
put
and
all
the
Israelites
,
as
it
appeareth
and
therefore
he
did
here
keepe
the
same
order
.
Priest
,
and
in
that
respect
most
honoured
among
the
people
next
to
Whereupon
both
did
sit
to
iudge
great
causes
,
both
of
them
also
did
number
the
people
,
as
it
appeareth
in
the
former
chapter
,
and
this
honour
did
appertaine
to
all
the
high
And
when
the
daughters
of
demanded
their
inheritance
sayth
the
Scripture
Princes
,
wherein
you
see
also
that
as
who
was
the
chiefe
temporall
is
preferred
before
the
other
so
is
also
the
chiefe
preferred
before
Prince
.
Thus
farre
in
my
where
hauing
also
4.
Philo.
257.
Calu
prooued
the
preheminence
of
the
aboue
the
by
the
difference
of
their
Sacrifices
(
according
to
the
opinion
of
the
Iew
.
and
confirmed
it
by
the
testimonie
and
confession
euen
of
the
himselfe
,
I
proceeded
to
the
consideration
of
the
in
the
old
Testament
,
and
whether
there
was
any
change
,
or
diminution
of
the
authoritie
of
the
high
by
their
institution
,
to
which
purpose
I
said
thus
.
This
being
so
by
the
ordinance
of
almightie
himselfe
,
and
this
law
being
continued
in
full
force
without
any
alteration
or
change
,
during
the
gouernment
of
and
the
it
is
to
be
considered
,
whether
the
same
was
changed
,
or
any
way
altered
afterwards
,
at
the
institution
of
the
I
meane
,
whether
the
were
any
way
exempted
from
this
law
,
and
had
Superioritie
ouer
the
high
as
our
doe
absurdly
affirme
,
that
they
had
&c.
Cobler
.
Secondly
Iohn
Barclay
the
offence
of
the
sinning
through
ignorance
,
is
either
greater
then
of
the
and
therefore
to
be
purged
by
a
more
worthie
Sacrifice
,
or
that
the
in
Ecclesiasticall
affaires
hath
preheminence
aboue
the
which
no
man
denyeth
.
And
what
man
of
learning
would
now
conclude
,
that
the
the
new
law
haue
any
temporall
power
ouer
for
that
a
greater
pen●●
is
enioyned
to
them
,
if
they
offend
through
ignorance
,
then
to
temporal
or
that
in
Churches
and
Ecclesiasticall
rites
they
are
the
first
,
and
doe
first
communicate
?
You
must
know
that
these
sacrifices
are
appointed
greater
,
according
as
the
sinnes
for
which
they
were
offered
were
greater
:
but
the
sinne
of
the
high
taking
it
in
the
same
kind
of
sinne
is
alwayes
greater
then
the
sinne
of
the
of
the
people
,
or
then
the
sinne
of
all
the
people
;
therefore
the
sinne
of
the
high
did
require
the
greatest
Sacrifice
,
excelling
all
other
Sacrifices
for
sinnes
,
or
at
leastwise
equall
to
the
greatest
Sacrifices
.
Princes
:
If
a
Prince
doth
sinne
,
and
by
ignorance
doe
of
many
things
one
,
that
by
the
law
of
our
Lord
is
forbidden
,
and
afterwards
vnderstandeth
his
sinne
hee
shall
offer
an
hoste
to
our
Lord
a
bucke
of
the
goates
without
spotte
.
was
the
first
Prince
of
the
people
,
vnder
whom
all
the
people
of
did
depart
out
of
Aegypt
,
yet
was
not
a
but
a
Captaine
or
a
Leader
of
the
people
.
Yea
he
was
not
but
onely
,
as
making
lawes
to
the
on
the
behalfe
of
and
hee
commanded
nothing
to
the
as
from
his
owne
will
,
but
as
from
whereupon
hee
was
not
called
a
Lord
,
but
a
Doctour
of
the
And
it
is
apparant
,
that
if
hee
had
beene
a
of
the
or
as
it
were
a
it
had
belonged
to
him
to
bestow
dignities
,
by
instituting
and
deposing
,
and
none
of
the
people
could
resist
him
,
or
accuse
him
of
this
,
at
leastwise
,
and
if
hee
were
accused
hee
was
not
bound
to
answere
,
he
might
represse
those
who
opposed
against
him
by
answering
nothing
:
and
yet
with
a
hundred
and
fiftie
men
did
oppose
against
him
:
And
also
the
three
of
the
tribe
of
to
wit
for
the
high
saying
that
hee
gaue
it
vniustly
to
to
wit
,
in
giuing
all
things
to
his
kinred
;
and
he
purged
himselfe
,
saying
,
Also
before
in
the
same
Chapter
said
to
But
if
had
beene
a
or
a
no
man
could
haue
said
this
vnto
him
,
for
that
hee
who
was
a
might
haue
lifted
himselfe
vp
;
yea
there
is
no
greater
lifting
vp
,
then
to
be
a
Nun
,
Moyses
had
he
authoritie
to
iudge
Iudges
were
appointed
otherwise
.
Neither
is
this
against
that
,
which
God
commanded
that
as
well
Eleazar
,
as
all
Israel
,
were
mooued
at
the
commandement
of
Iosue
,
because
this
is
to
be
vnderstood
concerning
those
things
,
which
appertained
to
warre
,
and
because
all
,
or
the
chiefe
time
of
was
in
making
warre
by
subduing
the
people
of
therefore
the
power
of
was
great
,
Yet
he
was
neuer
called
Lord
,
or
King
.
Iosue
,
God
Sauiours
,
Iudic.
Gedeon
,
haue
thou
dominion
ouer
vs
,
and
thy
sonne
,
and
thy
sonnes
sonne
,
because
thou
hast
deliuered
vs
from
the
hand
of
I
will
not
domineere
,
or
haue
dominion
ouer
you
,
neither
shall
my
sonne
haue
dominion
ouer
you
,
but
the
shall
haue
dominion
ouer
you
high
Priests
&
seq
Moyses
,
Iosue
in
cap.
Paralip
.
See
in
c.
tribes
,
families
Poli●
.
cap.
he
blessed
the
house
of
Israel
,
he
blessed
the
house
of
Aaron
:
Moyses
,
Iosue
that
a
hee
goate
should
be
offered
for
euery
such
offending
through
ignorance
Rom
Pont.
Guiliel
.
Barcl
Iohn
Barclay
not
in
regard
of
himselfe
,
but
because
he
was
a
minister
of
the
people
,
doing
publike
sacrifices
in
the
name
of
all
the
people
.
God
commanded
that
the
who
shall
transgresse
the
law
shall
sacrifice
a
calfe
without
spot
,
but
if
all
the
people
shall
commit
the
like
crime
,
he
appointeth
the
like
sacrifice
to
be
offered
,
teaching
how
great
the
dignitie
of
the
Priest
is
,
whom
he
hath
made
like
,
or
equall
to
all
the
people
:
but
he
commandeth
a
Prince
that
shall
transgresse
the
law
,
to
offer
not
a
calfe
,
but
a
hee
goate
;
so
farre
inferiour
to
Priestly
dignitie
is
he
to
whom
corporall
command
is
committed
:
Gregorie
Nazianzen
Procopius
Gazaeus
Antonius
Posseuine
for
that
a
Prince
,
as
soone
as
he
shall
pollute
himselfe
with
sinne
doth
desist
to
be
a
Prince
,
and
falleth
from
his
dignity
,
Iohn
Wicleffe
Hee
is
no
ciuill
Lord
,
Hee
is
no
Prelate
,
Hee
is
no
Bishop
,
whilest
hee
is
in
mortall
sinne
.
It
is
to
be
noted
,
that
the
and
the
people
doe
offer
the
same
sacrifice
,
if
they
shall
burthen
themselues
with
sinne
,
but
a
doth
purge
his
sinne
with
a
distinct
sacrifice
,
because
a
as
soone
as
hee
shall
pollute
himselfe
with
sinne
,
doeth
desist
to
bee
a
and
falleth
from
his
dignitie
.
Therefore
from
hence
wee
may
gather
,
that
the
is
more
honourable
then
the
also
that
the
people
doe
excell
in
dignitie
the
King
:
This
shall
be
the
right
of
the
that
shall
reigne
ouer
you
there
shall
bee
a
ouer
vs
,
and
we
will
bee
as
all
nations
;
and
blessed
bee
the
Lord
my
God
,
said
who
subdueth
my
people
vnder
mee
:
that
the
authoritie
of
the
high
in
the
old
was
neither
changed
,
nor
diminished
by
the
institution
of
but
that
as
the
Law
of
deliuered
to
the
Iewes
by
did
continue
in
full
force
without
any
alteration
,
or
change
during
the
time
of
and
the
so
the
same
was
not
altered
or
changed
afterwards
by
the
institution
of
and
that
did
not
change
the
forme
and
course
of
the
Law
in
fauour
of
or
turned
the
same
vpside
downe
contrary
to
the
course
of
nature
,
as
auoucheth
some
of
his
absurdly
to
affirme
there
was
a
great
difference
betwixt
both
in
power
and
iurisdiction
.
For
the
power
of
was
most
ample
:
But
the
had
ouer
the
people
no
authoritie
to
command
as
due
to
them
by
iurisdiction
,
but
they
were
onely
industrious
men
for
warres
,
and
for
giuing
counsell
,
and
by
their
aduice
the
people
were
directed
in
all
things
,
yet
they
had
ouer
the
people
no
other
authoritie
then
the
people
would
giue
them
,
and
the
people
did
obey
them
,
as
it
were
freely
,
when
they
did
see
,
that
they
commanded
,
or
counsailed
nothing
but
that
which
was
iust
:
whereupon
they
were
not
called
or
did
they
or
had
ouer
the
people
,
but
they
did
onely
or
they
that
and
haue
are
those
,
who
doe
whatsoeuer
they
will
if
it
be
not
against
law
,
or
reason
,
and
the
subiects
are
bound
to
obey
them
in
all
things
,
such
are
but
the
power
of
the
did
extend
to
no
other
thing
,
then
to
that
which
was
written
in
the
law
,
in
so
much
that
might
doe
whatsoeuer
the
law
doth
not
forbid
;
but
might
onely
doe
that
,
which
the
law
commanded
:
So
that
the
power
of
those
was
but
little
because
it
was
giuen
them
freely
by
the
people
,
neither
had
they
more
authority
then
the
people
gaue
them
,
and
they
were
chiefly
chosen
to
make
warre
against
the
enemies
,
for
which
cause
they
were
called
And
although
after
they
had
ouercome
their
enemies
,
the
people
had
no
great
neede
of
them
,
yet
by
the
consent
of
the
people
they
remained
afterwards
as
long
as
they
liued
in
their
authoritie
to
iudge
.
And
if
any
one
obiect
,
that
the
power
of
the
was
not
giuen
them
by
man
but
by
for
as
is
written
I
answere
that
the
were
made
by
the
election
of
the
people
,
and
from
the
people
they
receiued
a
limited
power
,
but
they
were
not
chosen
by
the
people
alwaies
after
one
manner
.
For
some
were
made
commanded
them
,
that
they
should
fight
for
the
people
;
so
was
For
the
prophetesse
that
he
should
fight
against
and
yet
after
he
had
wonne
the
battell
,
he
was
not
yet
a
of
the
Israelites
,
but
because
the
people
saw
,
that
would
deliuer
them
by
the
meanes
of
they
chose
him
for
their
So
also
it
happened
concerning
For
the
Angel
of
our
did
appeare
vnto
him
,
and
commanded
him
,
that
he
should
goe
to
deliuer
from
the
hand
of
And
when
he
victoriously
finished
the
warre
,
the
Israelites
tooke
him
for
their
neither
would
they
onely
haue
made
him
their
but
also
their
as
it
appeareth
Others
were
taken
for
not
by
the
commandement
,
but
by
the
instigation
of
to
wit
,
because
when
the
Israelites
were
oppressed
with
these
calamities
,
and
wanted
a
gaue
his
spirit
to
certaine
men
,
by
which
they
were
couragious
,
wise
,
and
most
fit
for
warres
,
whom
the
seeing
did
take
for
their
and
then
was
said
to
haue
raised
to
them
So
it
is
to
be
vnderstood
of
were
made
onely
by
the
will
of
the
people
,
to
wit
,
because
when
they
were
in
distresse
,
they
inquired
who
was
a
fit
man
among
them
to
be
Captaine
in
their
warres
;
And
sometimes
they
tooke
not
those
that
were
vertuous
,
but
onely
who
were
exercised
in
warre
.
So
was
chosen
who
was
a
of
theeues
,
whom
the
Israelites
,
because
they
saw
him
fit
for
warre
,
desired
to
be
their
Captaine
and
And
sometimes
the
were
made
onely
by
fauour
,
and
as
it
were
by
violence
of
the
people
,
as
was
the
sonne
of
to
whom
also
by
the
sedition
of
the
was
giuen
the
title
of
a
And
when
it
is
obiected
,
that
raised
a
I
answere
that
it
is
not
to
be
vnderstood
,
that
commanded
any
one
to
be
by
creating
him
,
and
giuing
him
a
certaine
manner
of
authoritie
,
but
that
God
did
incite
the
by
some
one
of
the
wayes
aforesaid
to
make
some
their
and
yet
afterwards
it
depended
vpon
the
will
of
the
people
to
receiue
them
,
or
reiect
them
,
and
to
giue
them
so
much
authoritie
,
as
they
pleased
.
the
authoritie
of
the
was
not
deriued
by
succession
to
their
posteritie
,
but
it
remained
in
the
power
of
the
people
,
one
being
dead
,
to
choose
another
,
or
to
choose
none
at
all
:
But
to
the
greatnesse
of
authoritie
it
appertaineth
to
haue
power
to
deriue
it
to
their
posterity
;
as
those
things
are
properly
ours
,
concerning
which
wee
may
appoint
others
to
inherite
,
for
in
other
things
we
are
rather
or
hauing
And
the
difference
of
this
power
to
be
a
from
that
,
which
by
succession
is
transferred
to
posteritie
,
is
manifest
by
the
example
of
for
when
was
a
in
Israel
,
the
Israelites
being
desirous
to
exalt
him
to
greater
honour
,
for
the
great
victory
he
had
against
the
saids
vnto
him
that
is
,
all
of
thy
posteritie
,
but
he
being
contented
with
the
principalitie
,
or
preheminence
of
a
would
not
accept
thereof
,
saying
,
to
wit
,
by
exercising
the
power
of
a
and
neuerthelesse
he
kept
the
principalitie
of
a
so
long
as
he
liued
could
not
impose
tributes
,
or
other
taxations
vpon
the
people
,
but
they
liued
vpon
their
owne
proper
reuenues
,
as
other
priuate
persons
,
except
those
things
which
by
right
appertained
to
them
in
warre
:
because
it
was
a
custome
among
all
nations
,
that
in
warre
a
certaine
peculiar
part
of
the
spoyle
should
belong
to
the
or
chiefe
as
it
appeareth
by
the
decrees
,
the
Iudges
were
not
neither
had
they
any
power
,
dominion
or
Seigniorie
ouer
the
people
,
but
they
were
only
for
as
much
as
concerned
those
things
,
which
belonged
to
their
office
,
whereof
I
will
speake
beneath
.
And
in
this
there
was
a
difference
betwixt
of
the
people
of
Israel
,
and
they
had
power
to
doe
whatsoeuer
they
would
,
which
was
not
against
the
law
;
therefore
they
called
the
Israelites
their
seruants
,
as
his
seruant
called
the
his
seruants
but
the
were
not
called
as
it
appeareth
by
those
former
words
of
refusing
to
haue
that
degree
of
principallitie
,
according
to
which
are
called
and
said
to
haue
dominion
or
Seigniorie
ouer
the
people
.
Neither
were
these
called
but
as
a
is
taken
for
a
name
of
a
certaine
little
principalitie
.
For
there
is
this
difference
betwixt
a
and
a
for
a
signifieth
one
,
who
hath
simply
power
,
dominion
or
Seigniorie
,
and
he
hath
power
to
doe
what
he
will
,
although
it
be
not
ordained
by
the
law
:
But
a
is
he
,
who
hath
not
a
libertie
to
command
,
but
he
can
onely
command
that
,
which
the
lawes
command
,
and
he
hath
a
power
giuen
him
to
define
according
to
the
law
,
and
therefore
he
who
is
subiect
to
a
is
not
subiect
to
the
man
,
but
to
the
law
,
but
he
that
is
subiect
to
a
is
subiect
to
the
man
.
And
because
the
principalitie
of
these
was
such
,
that
they
could
doe
nothing
according
to
their
owne
wils
,
as
could
doe
,
but
that
onely
,
which
reason
,
and
the
law
did
dictate
,
they
were
called
haue
the
like
principalitie
the
office
to
which
the
were
assumed
,
was
to
fight
for
the
people
against
their
enemies
,
as
it
is
manifest
by
the
institution
of
the
it
is
said
And
the
same
also
is
euident
by
the
peculiar
institutions
of
the
for
it
is
said
of
who
was
the
first
that
when
the
Israelites
were
oppressed
by
the
of
Mesopotamia
and
the
like
is
said
of
in
the
same
chapter
;
and
of
and
of
and
of
and
so
of
the
rest
:
and
concerning
the
warres
these
had
full
power
,
for
all
things
whatsoeuer
belonged
to
warfare
were
at
their
dispose
,
and
in
this
all
the
Israelites
did
obey
them
,
as
in
all
warres
the
chiefe
haue
this
full
power
concerning
militarie
discipline
.
But
the
warres
being
ended
,
these
men
remained
as
it
were
priuate
persons
,
to
wit
,
that
they
had
not
any
but
yet
they
were
alwaies
very
much
honoured
by
the
people
,
and
sometimes
the
gouernment
of
was
committed
to
their
charge
,
that
they
might
dispose
of
them
as
had
thirtie
sonnet
,
who
were
of
thirtie
Cities
But
to
iudge
of
causes
was
not
directly
the
office
of
these
,
albeit
sometimes
it
was
committed
to
them
,
especially
when
they
were
and
prudent
men
.
So
was
who
was
the
last
and
euery
yeere
he
went
about
all
and
iudged
the
people
in
three
places
,
to
wit
,
in
in
cap.
per
modum
iudicantis
,
by
manner
of
iudging
.
secondly
,
Widdringtons
For
almightie
God
ordained
that
the
should
receiue
their
very
institution
,
creation
and
vnction
from
the
high
Whereupon
it
followeth
from
the
vndoubted
of
the
that
the
said
were
superiour
to
sayth
the
Apostle
which
argument
S.
vseth
in
like
manner
saying
So
he
,
who
vrgeth
also
to
the
same
end
,
that
the
in
the
old
Testament
were
annointed
by
and
inferreth
thereupon
Whereby
he
also
acknowledgeth
,
that
the
of
the
old
Testament
were
superiour
to
And
what
meruaile
,
seeing
that
the
said
were
not
onely
created
and
annointed
,
but
also
chastised
,
yea
deposed
sometimes
by
Ibid.
cap.
first
created
and
anoynted
King
of
the
Iewes
,
and
after
deposed
him
for
his
offences
,
and
anointed
to
reigne
in
his
place
.
In
like
manner
the
kingdome
of
was
translated
from
the
children
of
by
the
Prophet
and
the
kingdome
of
to
a
subiect
and
seruant
of
his
called
by
the
Prophet
Also
in
the
kingdome
of
the
wicked
Queene
Abulensis
,
it
did
directly
belong
to
seeing
that
it
was
a
sacred
thing
,
and
sacred
oile
was
powred
vpon
them
,
the
making
and
handling
whereof
did
belong
onely
to
yet
sometimes
it
was
done
by
for
want
of
to
wit
,
when
by
no
meanes
it
could
be
done
by
as
when
it
was
secret
,
and
vnknowne
whom
would
haue
to
be
annointed
for
for
if
it
were
manifest
,
who
was
to
bee
annointed
,
hee
was
annointed
by
so
was
and
afterwards
and
so
it
is
to
be
thought
of
all
others
,
who
were
annointed
,
for
that
the
kingdome
did
belong
to
them
by
hereditarie
succession
:
but
sometimes
it
was
vnknowne
,
who
was
to
bee
annointed
,
to
wit
,
when
one
was
annointed
,
to
whom
it
did
not
appertaine
by
right
of
succession
,
and
this
was
done
by
the
commandement
of
for
seeing
that
the
will
of
was
not
made
manifest
but
to
the
it
could
only
be
knowne
by
them
who
ought
to
bee
annointed
,
and
that
it
might
bee
done
more
secretly
,
it
was
done
by
them
:
and
so
it
was
in
all
the
aforesaid
examples
:
for
was
annointed
not
by
succession
,
seeing
that
hee
was
the
first
also
was
not
annointed
by
succession
,
for
the
children
of
ought
to
succeede
also
who
was
not
of
the
race
of
the
and
he
was
annointed
to
ouerthrow
the
house
of
Reg.
cap.
Reg.
cap.
was
not
of
the
issue
of
the
and
he
was
annointed
by
to
persecute
the
this
saith
the
Lord
I
haue
annointed
thee
to
bee
or
the
Lord
hath
sent
me
to
annoint
thee
to
bee
or
,
the
Lord
hath
reiected
thee
that
thou
shalt
not
bee
and
hath
deliuered
it
to
thy
neighbour
better
then
thy selfe
:
for
without
any
contradiction
Apostle
,
the
lesse
is
blessed
by
the
better
.
Kings
▪
Let
euery
soule
bee
subiect
to
higher
powers
,
albeit
thou
be
an
albeit
an
albeit
a
or
lastly
whosoeuer
thou
be
;
for
this
subiection
doth
not
ouerthrow
pietie
,
that
a
hath
not
so
great
power
granted
him
to
punish
delinquents
,
and
to
compell
a
man
to
change
his
euill
manners
,
as
a
temporall
by
reproouing
,
and
giuing
a
free
admonition
,
not
by
raising
armes
,
by
vsing
targets
,
by
shaking
a
lance
by
shooting
arrowes
,
by
casting
darts
,
but
onely
by
reproouing
and
giuing
a
free
admonition
.
Samuel
,
Saul
King
,
Dauid
de
facto
de
iure
Dauid
King
de
iure
Salomon
de
facto
new
Testament
Athalia
.
Also
in
the
kingdome
of
the
wicked
Queene
was
deposed
by
the
high
set
vp
in
her
place
.
But
now
our
to
answere
this
example
fo
doe
say
Theologicall
Disputation
in
Admon
.
nu.
The
second
example
Where
when
had
tyrannically
vsurped
the
kingdome
,
and
did
maintaine
the
worship
of
the
high
Priest
called
the
Centurions
and
souldiers
,
and
commanded
them
to
kill
which
also
they
did
,
and
for
her
he
created
For
that
the
high
did
not
counsaile
,
but
command
,
it
is
apparant
by
those
word
Also
by
those
words
(
Queene
Athalia
And
that
the
cause
of
this
deposition
and
killing
of
was
not
only
her
tyrannie
,
but
also
for
that
she
did
maintaine
the
worship
of
it
is
manifest
by
those
words
,
which
are
set
downe
immediately
after
her
killing
,
saith
the
Scripture
To
this
example
I
answered
first
,
that
if
this
argument
of
Card.
Bellarmine
were
of
any
force
,
as
in
very
deede
it
is
not
,
it
would
also
demonstrate
,
that
the
Pope
hath
power
to
depriue
Soueraigne
Princes
both
for
heresie
,
Idolatrie
,
and
also
tyrannie
,
not
only
of
their
dominions
,
but
also
of
their
liues
,
which
,
although
I
haue
before
i
i
Num
43.
&
seq.
&
num.
329.
euidently
deduced
to
follow
manifestly
from
his
doctrine
,
yet
he
now
bringing
this
example
of
Athalia
(
who
by
the
commandement
of
Ioiada
the
high
Priest
was
deposed
and
also
slaine
)
for
proofe
of
his
opinion
,
doth
cleerely
insinuate
the
same
.
That
this
is
clearely
deduced
from
his
doctrine
,
I
proued
principally
by
this
argument
:
for
that
,
according
to
Card.
Bellarmines
doctrine
,
the
Pope
is
the
supreme
Prince
of
all
Christians
,
yea
and
of
Soueraigne
Princes
,
not
only
in
spiritualls
,
but
also
in
temporalls
in
order
to
spirituall
good
,
and
that
in
order
to
the
same
spirituall
good
he
hath
a
most
ample
power
in
temporalls
,
and
so
great
,
that
greater
there
cannot
be
,
and
consequently
he
hath
as
great
,
and
ample
authoritie
ouer
temporall
Princes
in
temporalls
in
order
to
the
same
spirituall
good
,
as
temporall
Princes
haue
in
temporalls
ouer
their
subiects
in
order
to
temporall
good
,
but
temporall
Princes
haue
in
order
to
the
common
temporall
good
,
not
only
authoritie
to
depriue
them
of
their
liues
,
but
also
,
if
the
crime
be
publike
,
and
notorious
,
or
if
the
knowne
,
and
manifest
perturbers
of
the
common
temporall
good
be
so
potent
,
that
they
cannot
without
danger
of
rebellion
,
and
great
manslaughter
be
apprehended
,
the
Prince
may
without
citation
,
defence
,
or
processe
,
condemne
them
in
their
absence
,
and
without
their
priuitie
,
(
as
there
I
proued
out
of
Nauarre
,
k
k
Nauar.
in
Manual
.
cap.
25.
num
10.
and
Sayrus
)
l
l
Sayrus
lib.
7.
Thesauri
cap.
●1
.
num.
11.
and
also
he
may
giue
leaue
to
priuate
men
to
kill
such
notorious
malefactors
by
poyson
,
or
in
any
other
publike
,
or
secret
manner
,
therefore
the
Pope
may
in
order
to
spirituall
good
proceed
in
the
same
manner
with
temporall
Princes
,
who
in
order
to
spirituall
good
are
according
to
Card.
Bellarmines
doctrine
subiect
to
the
Pope
in
all
temporalls
.
where
he
saith
that
he
hath
cleerely
answered
the
argument
I
answere
that
so
prolixe
a
discourse
is
needlesse
:
for
there
is
none
but
seeth
to
what
all
this
doth
tend
;
neither
is
it
a
hard
matter
to
solue
the
arguments
;
let
them
passe
as
not
making
to
the
purpose
.
For
I
haue
aboue
not
once
only
commended
that
not
able
sentence
of
the
great
,
and
receiued
by
the
Church
in
vse
,
and
practise
,
Ecclesiasticall
Lenitie
doth
shunne
bloody
reuengings
,
or
punishments
:
Pope
hath
ouer
commanded
the
killing
of
Princes
,
or
caused
them
to
be
slaine
by
priuie
murtherers
:
and
that
neede
not
to
feare
,
that
any
Pope
will
plot
the
death
of
any
Wherefore
let
cease
by
vaine
words
to
put
Secular
in
feare
,
and
to
make
the
power
to
be
odious
power
is
instituted
by
the
Sauiour
of
mankind
for
the
saluation
,
and
not
for
the
destruction
of
These
arguments
doe
tend
to
no
other
end
,
then
to
prouoke
the
hatred
of
against
the
for
otherwise
was
not
ignorant
,
that
lenitie
doth
shunne
bloody
punishments
lenitie
,
for
as
much
as
concerneth
the
punishment
of
death
,
doth
shunne
bloody
punishments
,
not
for
that
it
doth
by
the
law
of
want
power
to
doe
the
same
,
but
because
it
doth
not
beseeme
the
Ministers
of
It
doth
not
belong
to
the
Ecclesiasticall
Court
to
giue
sentence
of
death
,
not
because
the
cannot
absolutely
giue
this
sentence
,
but
because
it
is
not
decent
.
And
the
himselfe
might
,
if
he
should
iudge
it
expedient
,
both
giue
this
sentence
,
and
also
grant
by
a
dispensation
,
that
other
might
doe
the
same
.
For
we
haue
nothing
,
whereby
it
is
forbidden
,
but
the
positiue
Ecclesiasticall
law
,
wherein
the
by
the
consent
of
all
men
may
dispence
.
Sea
Apostolike
Sea
Apostolike
let
them
passe
as
not
pertaining
to
the
purpose
?
Sea
Apostolike
Sea
Apostolike
is
come
why
doest
thou
dread
,
O
thou
vngodly
foe
,
He
doth
not
earthly
Kingdomes
reaue
,
that
heauenly
Kingdomes
doth
bestow
:
Doctour
,
need
not
to
feare
,
that
the
will
plot
the
death
of
any
for
that
no
hath
euer
commanded
the
killing
of
or
caused
them
to
be
slaine
by
priuie
murtherers
,
and
it
is
well
knowen
,
that
It
is
not
a
hard
matter
to
solue
the
argument
,
let
it
passe
as
not
belonging
to
the
matter
.
That
which
doth
adioyne
in
the
end
that
from
the
doctrine
of
deposing
it
doth
manifestly
follow
,
that
the
spirituall
may
giue
leaue
to
priuate
men
to
kill
by
any
arte
,
or
stratageme
an
hereticall
as
a
certaine
wolfe
,
is
a
most
horrible
slander
,
like
vnto
which
I
know
not
,
that
the
breast
of
man
hath
at
any
time
so
despitefully
vttered
.
I
see
plainly
,
that
is
in
the
gall
of
bitternesse
,
and
the
obligation
of
iniquitie
.
For
seeing
that
the
opinion
of
is
commonly
receiued
by
the
Catholike
Church
,
and
also
confirmed
by
most
frequent
practise
,
whilest
my
Aduersarie
doth
propound
and
debate
it
as
spitefully
as
possibly
he
can
,
he
seemeth
to
haue
no
other
purpose
,
then
to
bring
the
whether
he
will
or
nill
,
into
the
hatred
,
and
that
most
great
of
and
to
make
all
Catholike
Diuines
and
Lawyers
to
be
odious
,
yea
and
plainly
,
and
of
set
purpose
to
sound
the
alarme
,
to
call
to
armes
against
the
Church
of
God
,
but
iniquitie
will
belye
it selfe
.
For
it
is
one
thing
to
depose
one
for
a
iust
cause
;
and
another
thing
to
kill
him
by
priuie
murtherers
.
For
it
is
oftentimes
lawfull
for
one
to
depose
,
who
may
not
lawfully
kill
,
and
oftentimes
that
is
a
cause
of
a
iust
deposing
,
which
would
not
bee
a
cause
of
a
iust
killing
:
wherefore
whatsoeuer
it
be
concerning
the
trueth
of
the
consequent
,
which
is
not
called
in
question
,
neither
doth
it
make
to
the
purpose
,
the
consequence
,
which
my
Aduersarie
doth
inferre
,
is
denied
whilest
he
argueth
thus
:
for
from
the
power
to
depose
doth
not
follow
the
power
to
kill
.
And
to
confirme
it
by
examples
:
A
Father
may
for
some
cause
depose
his
sonne
from
the
right
due
to
the
first
begotten
sonne
,
yet
hee
may
not
kill
him
,
or
giue
leaue
to
kill
him
.
A
Master
may
depose
a
seruant
from
his
office
,
yet
hee
may
not
kill
him
.
A
may
depose
a
Magistrate
from
his
gouernment
for
some
offence
,
for
which
hee
may
not
iustly
kill
him
.
A
Biship
may
depose
a
Clerke
,
and
yet
hee
may
not
foorthwith
kill
him
.
The
may
sometimes
depose
a
Bishop
,
and
yet
hee
may
not
for
the
same
cause
iustly
bereaue
him
of
his
life
.
good
Reader
mentita
est
iniquitas
sibi
iniquitie
hath
belyed
her selfe
.
For
it
is
one
thing
,
to
depose
one
for
a
iust
cause
,
and
another
thing
to
kill
him
by
priuie
murtherers
.
and
oftentimes
one
may
lawfully
depose
,
who
may
not
lawfully
kill
,
and
oftentimes
that
may
bee
a
cause
of
a
iust
d●position
,
which
is
not
a
cause
of
a
iust
killing
:
Wherefore
,
whatsoeuer
it
be
,
saith
he
,
concerning
the
truth
of
the
consequent
,
which
is
not
called
in
question
,
nor
maketh
to
the
purpose
,
the
consequence
,
which
inferreth
,
whilest
he
concludeth
thus
,
is
denied
that
the
truth
of
my
consequent
,
that
the
hath
power
to
kill
Princes
,
is
not
called
in
question
,
nor
maketh
to
the
purpose
.
that
I
,
by
vrging
this
argument
,
did
impose
vpon
the
Vicar
of
Christ
a
most
horrible
slander
,
like
vnto
which
the
breast
of
man
hath
neuer
so
despitefully
vttered
,
For
it
doth
not
follow
from
a
power
to
depose
a
power
to
kill
.
●●otestatem
summam
in
temporalibus
,
so
great
a
power
in
temporals
,
that
none
can
be
greater
,
Princes
,
Kings
,
Emperours
potestatem
summam
●n
temporalibus
,
so
great
a
power
in
temporals
that
none
can
be
greater
:
Catholike
Church
Christs
Vicar
To
this
argument
I
answere
now
,
that
examples
are
to
be
taken
according
to
the
conuenience
of
the
matter
and
persons
.
In
the
old
Testament
did
make
warre
,
and
fight
with
the
rest
of
the
Israelites
against
their
enemies
,
but
in
the
new
Testament
doe
abstaine
from
the
shedding
of
blood
,
and
if
they
find
any
to
be
worthy
of
death
,
they
deliuer
them
ouer
to
the
Secular
power
to
be
punished
.
de
facto
Secondly
and
principally
to
this
example
of
Athalia
I
answered
,
s
s
Apolog.
nu.
366.
&
seq.
that
it
is
vntrue
,
that
Ioiada
the
high
Priest
,
did
,
as
Card.
Bellarmine
af
.
firmeth
in
this
place
,
create
Ioas
King
,
that
is
,
did
giue
him
a
right
,
or
true
title
to
reigne
,
which
before
he
had
not
,
seeing
that
the
true
dominion
and
right
to
the
kingdome
,
did
by
hereditarie
right
belong
to
Ioas
,
presently
after
the
death
of
his
brethren
,
whom
wicked
Athalia
had
treacherously
slaine
,
although
Athalia
did
tyrannically
vsurpe
the
possession
thereof
:
For
it
is
not
vnusuall
for
one
to
possesse
sometimes
either
with
a
good
,
or
bad
conscience
,
that
thing
whereof
another
man
is
the
true
lord
or
owner
;
And
therefore
betwixt
right
and
possession
a
great
difference
is
commonly
made
by
all
Diuines
and
Lawyers
.
Wherefore
Ioiada
in
killing
Athalia
did
no
other
thing
,
then
what
euery
faithfull
subiect
ought
to
doe
in
such
a
case
.
For
seeing
that
for
his
innocent
life
,
opinion
of
sanctitie
,
and
the
dignitie
of
his
office
,
he
was
in
great
veneration
among
the
people
and
Peeres
of
the
kingdome
,
his
authoritie
,
or
fauour
did
preuaile
so
much
with
them
,
that
all
men
with
vniforme
consent
would
very
easily
be
drawen
,
especially
by
his
perswasion
to
kill
the
treacherous
vsurpresse
,
and
to
seate
the
lawfull
King
,
who
was
vniustly
detained
from
the
possession
of
his
kingdome
,
in
the
possession
thereof
.
But
this
did
onely
argue
the
strength
and
power
of
Ioiada
,
and
his
great
fauour
with
the
people
and
Peeres
,
and
not
any
authoritie
in
him
to
create
a
King
,
who
by
right
was
not
a
lawfull
King
before
.
Wherefore
from
this
example
of
Athalia
nothing
at
all
can
by
any
true
,
or
probable
consequence
bee
concluded
in
fauour
of
Cardinall
Bellarmine
:
because
from
the
holy
Scripture
it
cannot
sufficiently
be
gathered
,
either
that
Athalia
was
by
the
commandement
of
Ioiada
slaine
for
Idolatrie
,
but
onely
for
manifest
tyrannie
,
for
that
shee
had
cruelly
murthered
the
Royall
issue
,
and
had
vniustly
vsurped
the
kingdome
,
the
true
heire
being
aliue
,
and
therefore
shee
could
not
bee
the
lawfull
Queene
,
or
that
Ioiada
the
high
Priest
did
command
her
to
be
slaine
by
his
owne
proper
authoritie
,
but
by
the
consent
of
the
King
,
Peeres
,
and
people
.
And
therefore
this
example
doeth
nothing
auaile
to
proue
,
that
true
Kings
,
and
Princes
(
albeit
heretikes
,
and
Idolaters
)
who
are
in
lawfull
possession
of
their
kingdomes
,
may
bee
depriued
of
their
kingdomes
,
or
liues
by
the
Popes
authoritie
.
This
second
,
to
wit
,
that
Ioiada
the
high
Priest
did
onely
by
his
aide
and
counsell
sollicite
,
and
not
by
his
owne
proper
authoritie
,
but
with
the
consent
of
the
States
command
in
the
Kings
name
Athalia
to
bee
slaine
,
2.
Paral.
23.
is
manifest
by
those
words
;
And
in
the
seuenth
yeere
Ioiada
taking
courage
tooke
the
Centurions
,
&c.
and
made
a
couenant
with
them
(
to
wit
,
to
kill
Athalia
,
and
to
seate
Ioas
the
Kings
sonne
,
and
lawfull
King
in
the
possession
of
his
kingdome
,
which
shee
had
vniustly
vsurped
)
who
going
about
Iuda
,
saith
the
Scripture
,
gathered
together
the
Leuites
out
of
all
the
cities
of
Iuda
,
and
the
Princes
of
the
families
of
Israel
,
and
they
came
into
Hierusalem
.
Therefore
all
the
multitude
made
a
couenant
with
the
King
in
the
house
of
GOD
:
And
Ioiada
said
to
them
,
Behold
the
Kings
sonne
shall
reigne
,
as
the
Lord
hath
spoken
,
vpon
the
sonnes
of
Dauid
:
which
words
the
Glosse
expounding
,
4.
Reg.
11.
writeth
thus
.
Heere
is
described
the
institution
of
the
true
heire
,
(
whom
also
hee
calleth
the
due
King
)
through
the
carefulnesse
of
Ioiada
the
high
Priest
,
seeking
thereunto
the
assent
,
and
aide
of
the
Princes
,
and
Nobles
of
the
kingdome
,
when
it
is
saide
,
And
hee
made
a
couenant
with
them
.
Wherefore
that
commandement
,
which
Ioiada
gaue
to
the
Centurions
to
kill
Athalia
,
did
proceede
from
that
former
couenant
,
which
before
hee
had
made
with
them
,
and
the
King
.
And
therefore
as
euery
priuate
subiect
may
,
and
ought
to
command
any
man
in
the
Kings
name
to
aide
him
for
the
apprehending
of
a
traitour
to
his
Prince
,
and
Countrey
without
hauing
any
authoritie
proper
,
or
peculiar
to
him
to
doe
the
same
,
so
it
is
not
necessarie
,
that
any
peculiar
authoritie
to
command
bee
giuen
to
Ioiada
,
onely
for
that
hee
with
the
consent
of
the
King
,
and
the
comon
wealth
commaunded
Athalia
vniustly
vsurping
the
kingdome
to
bee
slaine
:
although
wee
should
vnderstand
that
commandement
of
Ioiada
,
of
a
commandement
being
taken
strictly
,
and
not
largely
,
or
commonly
,
in
which
sense
to
command
doth
little
differ
from
to
counsell
,
or
perswade
.
But
the
first
,
which
is
affirmed
by
Cardinall
Bellarmine
,
to
wit
,
that
Athalia
was
slaine
not
onely
for
tyrannie
,
but
also
for
idolatrie
(
albeit
if
this
were
true
,
it
nothing
auaileth
to
prooue
,
that
a
true
,
and
lawfull
Prince
although
an
Idolater
may
lawfully
be
slaine
,
seeing
that
it
is
manifest
,
that
Athalia
was
not
a
true
and
lawfull
Queene
,
but
an
vsurper
of
the
kingdome
,
the
true
heire
being
aliue
)
hee
very
insufficiently
concludeth
from
they
holy
Scripture
,
seeing
that
he
relateth
not
truely
those
words
,
which
doe
immediately
follow
the
killing
of
Athalia
.
For
those
words
,
Therefore
all
the
people
entred
into
the
house
of
Baal
,
and
destroyed
it
,
and
they
brake
his
Altars
and
his
Images
,
doe
not
immediately
follow
either
4.
Reg.
11.
or
2.
Paralip.
23.
the
killing
of
Athalia
,
as
Cardinall
Bellarmine
vntruely
affirmeth
(
intending
to
proue
from
thence
that
shee
was
slaine
for
idolatrie
)
but
these
wordes
doe
immediately
follow
her
killing
:
And
Ioiada
made
a
couenant
betweene
himselfe
and
all
the
people
,
and
the
King
,
that
they
would
bee
the
people
of
the
Lord
:
and
after
them
doe
immediately
follow
those
words
related
by
Cardinall
Bellarmine
;
Therefore
all
the
people
entered
into
the
house
of
Baal
,
and
destroyed
it
,
&c.
Wherefore
these
last
words
,
which
he
bringeth
for
his
onely
ground
,
are
not
so
much
to
bee
referred
to
the
killing
of
Athalia
,
as
to
the
couenant
made
after
Athalia
was
slaine
betwixt
Ioiada
,
the
people
,
and
the
King
,
that
they
would
bee
the
people
of
God
;
through
which
couenant
made
with
God
,
that
they
would
bee
his
people
,
they
were
mooued
to
destroy
the
house
of
Baal
,
and
his
Images
.
Therefore
Cardinall
Bellarmine
doeth
not
well
conclude
from
this
place
,
that
Queene
Athalia
was
slaine
either
by
the
proper
authoritie
of
the
high
Priest
,
(
as
hee
was
high
Priest
)
or
for
Idolatrie
in
doing
worship
to
Baal
.
And
although
wee
should
also
graunt
him
both
,
yet
how
vicious
it
is
to
draw
an
argument
from
the
killing
of
an
vnlawfull
Queene
and
vniustly
vsurping
the
kingdome
to
prooue
that
a
true
King
,
who
is
an
Idolater
,
may
lawfully
bee
slaine
,
any
man
that
is
not
voide
of
naturall
reason
may
presently
perceiue
.
Thus
I
answered
to
this
example
of
Athalia
in
my
Apologie
.
I
answere
without
doubt
did
tyrannically
inuade
the
kingdome
,
but
seeing
that
shee
ruled
peaceably
for
sixe
yeeres
,
it
is
credible
,
that
by
little
and
little
by
the
consent
of
the
people
shee
did
get
a
lawfull
right
to
the
kingdome
.
For
so
many
who
are
in
the
beginning
,
are
afterwards
by
the
consent
of
the
people
made
lawfull
himselfe
,
who
is
numbred
among
the
best
did
oppresse
the
common
wealth
by
force
,
and
armes
,
and
spoiled
her
of
her
libertie
,
yet
afterwards
by
the
consent
of
the
people
hee
began
to
bee
accounted
a
lawfull
and
did
lawfully
transfer
the
to
his
posteritie
and
yet
they
were
all
saluted
by
the
and
people
of
How
did
the
inuade
and
possesse
and
yet
afterwards
by
the
consent
of
the
people
they
were
accounted
lawfull
of
those
Dominions
credibile
est
,
it
is
credible
,
incredible
,
that
although
was
without
doubt
an
vsurpresse
in
the
beginning
,
yet
afterwards
by
the
consent
of
the
people
shee
was
lawfull
Queene
,
or
did
get
a
lawfull
right
to
the
kingdome
,
good
Reader
that
it
is
credible
,
that
did
by
little
and
little
by
the
consent
of
the
people
get
a
lawfull
right
to
the
kingdome
:
Because
,
shee
reigned
peaceably
sixe
yeeres
together
:
bona
fide
,
with
a
good
conscience
Sotus
,
Salon
.
Aragona
that
whosoeuer
possesseth
any
thing
with
a
bad
conscience
can
neuer
prescribe
,
a
good
conscience
There
is
this
deceipt
de
Repub.
cap.
Gregorius
Tholosanus
,
of
that
after
they
haue
inuaded
the
kingdome
,
they
would
be
partakers
of
the
titles
,
or
rights
of
the
true
whom
they
haue
dethroned
,
by
vsing
the
generall
of
the
people
,
or
by
forcing
the
authoritie
of
some
Superiour
:
which
neuerthelesse
doth
not
make
them
not
to
be
true
and
not
to
be
contained
in
the
lawes
of
vnlesse
,
as
some
are
of
opinion
,
after
they
haue
vsurped
the
kingdome
,
they
wholy
resigne
that
authoritie
,
and
submit
their
forces
with
their
person
to
the
iudgement
of
those
,
may
lawfully
giue
the
kingdome
;
or
vnlesse
after
they
haue
by
tyrannie
obtained
the
kingdome
,
they
with
their
progenie
doe
by
prescription
get
a
lawfull
right
to
the
Soueraigntie
by
possessing
it
a
hundred
yeeres
or
more
.
&
ciuitas
conquieu●t
,
And
all
the
people
of
the
land
reioiced
,
and
the
Cittie
was
quiet
:
they
saw
their
sit
peaceably
in
his
throne
,
and
because
whilest
liued
the
people
were
greatly
troubled
,
but
now
she
being
slaine
all
were
quiet
.
heartily
,
willingly
Gregorius
Tholosanus
Common
wealth
high
Priest
high
Priest
King
Ioas
did
right
before
our
Lord
,
so
long
as
the
high
taught
him
people
,
Princes
Soueraigne
Princes
King
Dauid
Controuersia
Anglicana
Holinesse
(
as
containing
in
it
somethings
,
which
are
false
,
temerarious
,
scandalous
,
and
seditious
respectiuely
)
Soueraigne
Princes
Queene
Athalia
Iohn
Barclay
King
Dauid
high
Priests
,
Princes
King
Dauid
[
to
wit
,
that
the
Scripture
doth
manifestly
teach
,
that
together
with
the
people
did
make
&
cap.
where
the
beginning
of
his
kingdome
is
put
from
the
death
of
and
his
institution
to
be
and
although
before
his
coronation
the
Scripture
called
him
this
was
onely
by
anticipation
as
a
designed
and
therefore
hee
was
first
called
and
afterwardes
it
is
said
because
he
was
a
not
present
but
future
that
they
did
make
him
they
did
make
him
de
facto
raigne
,
de
facto
they
did
make
him
de
iure
King
,
de
iure
they
created
made
Ioas
King
Priest
,
did
create
Ioas
King
,
they
did
make
him
did
make
Ioas
King
they
did
make
him
de
facto
Widdrington
doth
heere
in
plaine
words
giue
occasion
to
subiects
to
rebell
against
their
and
to
kill
them
,
and
if
they
thinke
,
that
any
man
hath
by
an
ill
title
vsurped
the
kingdome
,
they
may
,
and
not
onely
may
,
but
also
are
a
bound
to
kill
such
a
I
answere
that
my
Aduersary
hath
sometimes
falsly
and
slanderously
obiected
to
that
he
should
giue
occasion
to
subiects
to
rise
vp
against
their
and
to
kill
them
:
and
nor
he
in
plaine
words
doth
teach
the
same
.
For
wife
,
a
mother
,
and
now
her selfe
a
reigned
peaceably
the
seuenth
yeere
,
she
was
accused
by
no
man
,
condemned
by
no
and
yet
doth
contend
,
that
it
was
lawfull
for
the
high
(
who
according
to
his
opinion
,
and
words
was
a
subiect
)
to
exhort
the
people
to
rebellion
,
and
with
the
Peeres
and
people
to
conspire
against
the
and
to
kill
her
But
,
saith
she
had
vsurped
the
kingdome
tyrannically
,
I
answere
,
Be
it
so
;
but
now
the
people
assenting
,
shee
reigned
the
seuenth
yeere
.
Who
gaue
to
subiects
authority
ouer
their
peaceably
reigning
?
Who
iudged
at
that
time
to
be
a
not
a
if
she
did
not
acknowledge
a
Superiour
to
her
?
Let
my
Aduersary
diligently
consider
,
whether
it
be
not
by
farre
more
dangerous
to
the
life
of
and
to
the
safetie
of
to
giue
power
to
the
people
,
and
to
subiects
,
to
rebell
and
conspire
,
and
at
the
last
to
kill
whom
they
(
rashly
oftentimes
and
falsly
)
account
then
to
say
,
that
in
the
as
head
of
the
vniuersall
Church
,
and
Vicar
,
is
a
iudiciall
power
to
iudge
and
if
the
deserue
it
to
depose
them
to
kill
them
For
who
maketh
any
doubt
,
that
are
safer
,
if
they
be
subiect
to
the
equity
,
and
grauity
,
to
which
hath
subiected
them
,
then
if
they
be
subiect
to
the
rash
leuity
the
people
,
to
which
my
Aduersary
doth
subiect
them
Athalia
.
What
wife
,
a
mother
,
hauing
killed
all
the
Royall
issue
(
as
it
was
thought
)
had
vsurped
the
kingdome
of
possessed
the
same
peaceably
now
the
seuenth
yeere
:
the
seuenth
yeere
commanded
her
to
be
slaine
,
she
suspecting
no
such
thing
:
and
declared
to
be
saith
my
Aduersary
that
is
,
euery
faithfull
subiect
,
if
he
thinke
,
that
one
hath
by
an
ill
title
vsurped
the
kingdom
,
may
and
not
onely
may
,
but
also
altogether
ought
to
kill
such
a
notwithstanding
that
he
hath
possessed
the
kingdom
peaceably
now
many
yeeres
,
that
all
the
people
haue
obeyed
him
many
yeeres
,
that
this
acknowledgeth
no
Superiour
,
that
he
is
not
rightly
,
or
as
it
should
bee
,
accused
,
heard
,
condemned
to
haue
vsurped
the
kingdome
by
an
ill
title
.
I
declare
it
by
an
example
.
Let
vs
suppose
,
that
did
by
an
ill
title
vsurpe
the
kingdome
of
and
that
the
same
by
all
right
was
fallen
to
the
most
excellent
,
and
most
holy
and
after
her
to
her
sonne
now
the
most
excellent
,
and
most
potent
of
great
In
the
meane
time
possessed
the
kingdome
peaceably
for
many
yeeres
;
and
did
gouerne
all
things
belonging
to
function
no
man
contradicting
,
that
shee
was
condemned
by
no
man
,
what
doe
I
say
condemned
?
that
shee
was
accused
by
no
man
to
vsurpe
the
kingdome
tyrannically
;
what
ought
the
subiects
here
to
doe
?
sayth
my
Aduersarie
Widdrington
Athalia
,
that
is
,
he
ought
to
kill
and
to
transferre
the
kingdome
to
and
her
sonne
Behold
O
you
haue
one
,
who
is
carefull
of
your
securitie
.
So
obseruant
of
your
are
they
,
who
doe
violate
and
calumniate
the
saith
Widdrington
O
miserable
state
of
whose
kingdome
and
life
is
subiect
to
the
iudgement
of
euery
priuate
man
?
If
had
written
the
like
thing
,
what
tumults
would
not
my
Aduersarie
make
?
what
clamours
would
he
not
raise
?
Doctours
Reply
in
Admonit
.
nu.
that
euery
faithfull
subiect
,
if
he
thinke
any
one
to
haue
by
an
ill
title
vsurped
the
kingdome
,
not
onely
may
,
but
also
ought
to
kill
such
a
King
.
Behold
the
Kings
sonne
shall
reign
,
as
our
Lord
hath
spoken
vpon
the
sonnes
of
Dauid
:
King
Dauid
God
saue
the
King
.
Conspiracie
;
Treason
,
Treason
Iuda
,
Ioas
King
Vncle
a
Conspiracie
,
a
Conspiracie
,
Treason
,
Treason
.
and
euery
faithfull
subiect
in
such
a
case
,
not
only
might
,
but
also
,
was
bound
to
doe
It
was
a
manifest
sinne
,
that
should
vsurpe
to
her selfe
the
kingdome
,
being
aliue
,
to
whom
it
did
by
lawfull
right
appertaine
,
therefore
was
bound
to
doe
as
much
as
lyed
in
his
power
,
that
should
not
by
be
depriued
of
his
right
to
the
kingdome
,
therefore
he
was
bound
,
when
it
did
lye
in
his
power
to
make
this
is
manifest
,
because
was
in
a
certain
manner
by
his
office
to
make
King
,
because
after
the
there
was
none
greater
among
the
people
,
then
was
the
high
and
then
there
was
no
therefore
it
belonged
to
as
to
the
high
to
redresse
the
agreeuances
,
which
happened
among
the
people
:
and
this
was
the
greatest
agreeuance
,
that
the
should
be
depriued
of
his
right
,
and
therefore
was
in
this
bound
,
as
much
of
lied
in
his
power
,
to
procure
a
remedy
by
annointing
to
whom
the
kingdome
did
of
right
belong
.
this
is
manifest
,
because
euery
man
is
bound
to
execute
the
knowne
will
of
forasmuch
as
it
doth
preiudice
charity
,
or
some
commandement
of
had
said
and
it
was
not
against
charitie
,
or
any
other
commandement
of
alwaies
to
annoint
of
that
tribe
:
therefore
was
bound
as
much
as
lied
in
his
power
,
to
accomplish
that
will
of
to
wit
,
that
hee
should
annoint
And
this
was
that
,
whereon
grounded
himselfe
,
when
he
annointed
saying
to
the
people
as
though
hee
should
say
,
because
commanded
,
that
the
sonnes
of
should
alwaies
reigne
,
therefore
we
ought
to
annoint
this
for
who
was
of
the
stocke
of
I
answere
,
that
it
was
lawfull
for
to
command
to
be
slaine
.
For
the
cause
was
iust
,
to
wit
,
for
that
she
intended
to
kill
the
seeing
that
she
had
vsurped
the
Kingdome
;
and
also
she
was
guiltie
of
death
for
many
other
causes
;
or
she
had
slaine
all
the
sonnes
,
and
she
was
a
disturber
of
the
people
,
and
a
corrupter
of
the
worship
of
seeing
that
she
brought
in
the
worship
of
and
had
made
there
a
temple
,
and
had
Therefore
any
one
of
these
things
were
sufficient
,
that
she
might
be
slaine
.
Also
it
was
lawfull
for
in
regard
of
the
power
.
For
that
now
he
was
the
of
the
people
as
being
the
high
who
was
alwaies
the
greatest
from
whose
sentence
it
was
not
lawfull
for
any
man
to
appeale
vnder
paine
of
death
,
or
to
contemne
in
any
wise
his
commandement
.
King
.
)
Also
,
it
was
lawfull
for
in
regard
he
now
represented
the
person
.
For
he
made
a
couenant
in
the
place
,
or
person
of
the
with
all
the
people
,
and
with
and
he
represented
the
person
in
all
things
,
for
that
he
had
hitherto
kept
him
hidden
,
and
now
he
annointed
him
but
it
was
lawfull
for
the
to
command
to
be
slaine
,
who
had
vsurped
the
kingdome
,
therefore
it
was
lawfull
also
for
who
represented
the
person
in
all
things
in
killing
did
no
other
thing
,
then
which
euery
faithfull
subiect
ought
to
doe
in
the
like
case
:
Doctour
,
euery
faithfull
subiect
,
if
he
thinke
one
to
haue
by
an
ill
title
vsurped
the
kingdome
,
not
onely
may
,
but
also
ought
to
kill
such
a
Kings
Vncle
Conspiracie
;
Treason
,
Treason
Thomas
.
S.
Bonauenture
,
Abulensis
,
Kings
Vncle
,
Protectour
Queen
Elizabeth
Queene
Elizabeth
King
Henry
Queene
Mary
Peeres
,
people
Kings
Protectour
Doctors
Reply
O
Kings
,
and
Princes
Princely
Maiestie
Euery
faithfull
subiect
ought
not
to
doe
in
the
like
case
,
that
which
did
in
killing
King
,
Princes
and
people
Neere
also
,
or
adioyning
to
his
,
is
that
,
which
that
the
in
his
opinion
then
subiect
to
the
and
as
subiect
,
might
and
really
did
with
the
tacite
er
expresse
consent
of
the
people
of
lawfully
and
with
validitie
take
away
the
of
the
from
the
and
transfer
it
to
the
great
.
For
how
little
a
part
of
the
was
then
the
people
of
or
what
power
had
they
in
the
election
of
the
From
this
therefore
it
doeth
euidently
and
necessarily
follow
,
that
euery
subiect
with
the
tacite
or
expresse
consent
of
one
that
also
,
which
hath
no
voyce
,
or
suffrage
in
the
election
of
the
may
depriue
his
true
,
lawfull
,
and
naturall
either
of
all
his
dominion
,
or
of
part
,
whereby
truly
is
opened
a
most
broad
way
to
seditions
,
conspiracies
,
rebellions
,
and
reuoltings
.
Romane
Empire
Authours
,
first
Romane
Empire
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
,
that
euery
subiect
with
the
consent
of
one
Citty
,
yea
and
of
that
Citty
,
which
hath
no
suffrage
in
the
choosing
of
the
may
depriue
their
true
,
lawfull
and
naturall
Prince
either
of
his
whole
dominion
,
or
of
part
thereof
.
Democratic
,
Aristocratic
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
.
Pope
,
Senate
de
facto
Pope
,
Senate
Westerne
Prouinces
one
only
Subiect
one
Citty
whole
kingdome
that
euery
faithfull
subiect
is
bound
to
doe
in
the
like
case
that
which
did
,
either
in
deposing
or
killing
Athalia
,
Also
that
euery
faithfull
subiect
is
bound
to
doe
that
which
Ioiada
did
in
kil●ing
neuer
taught
,
it
doth
not
follow
from
all
Catholikes
doe
abhorre
,
and
detest
it
,
and
among
them
without
doubt
ad
ann.
and
others
lib.
de
Iuribus
Regn
&
Imperij
Rom.
cap.
is
the
next
dignitie
to
the
Emperour
.
to
●aue
done
that
which
he
did
through
the
opinion
only
of
his
sanctitie
,
and
without
any
true
and
lawfull
power
,
affirmeth
,
we
deny
:
Hee
●peaketh
of
his
owne
head
,
we
follow
the
words
of
the
Scripture
:
saith
●he
Scripture
the
Centurions
and
souldiers
And
a
little
beneath
And
forthwith
And
againe
,
Ioiada
[
Athalia
See
also
Paralip
.
cap.
king
denouo
Kings
vncle
Kings
Protectour
king
Ioas
high
Priest
Kings
Protectors
high
Priest
high
Priest
Kings
Protectour
A
conspiracy
,
A
conspiracy
,
Treason
,
Treason
:
high
Priest
high
Priest
Kings
Protectour
not
to
be
incredible
,
because
it
happened
after
the
creation
of
the
new
neither
would
this
opinion
.
For
doth
not
contend
,
that
hereticall
ought
to
bee
slaine
by
the
commandement
,
but
onely
to
be
deposed
.
&
seq
King
de
facto
King
,
de
iure
doth
not
well
prooue
Doctour
,
that
all
those
things
were
done
onely
by
the
counsell
,
and
not
by
the
authoritie
of
For
as
the
Scripture
testifieth
both
called
the
Centurions
together
armed
the
Souldiers
commanded
that
if
any
one
should
enter
within
the
precinct
of
the
Temple
he
should
be
slaine
,
if
any
one
should
follow
the
he
should
likewise
bee
slaine
as
saith
the
cited
by
did
institute
the
King
crowned
the
commaunded
the
to
be
slaine
made
a
couenant
betwixt
himselfe
,
the
and
the
people
,
that
they
should
be
the
people
of
our
commanded
the
Temple
of
to
bee
ouerthrowne
;
the
Altars
of
the
Idols
to
be
destroyed
;
the
Priest
of
to
be
slaine
set
the
watch
in
the
house
of
our
All
these
things
did
:
but
because
he
alone
could
not
accomplish
the
whole
matter
,
he
adiured
the
that
they
would
helpe
valiantly
,
and
faithfully
,
and
therefore
he
made
a
couenant
with
them
for
the
execution
:
Wherefore
nothing
is
giuen
to
the
but
obeying
,
and
executing
at
the
commandement
of
saith
the
did
according
to
all
things
that
had
commanded
them
propria
authoritate
,
by
his
owne
proper
authoritie
,
true
,
and
lawfull
authoritie
propria
authoritate
,
by
his
owne
proper
authority
,
high
Priest
King
,
Princes
euery
faithfull
subiect
might
doe
,
and
was
bound
to
doe
in
the
like
case
,
Kings
Protectour
represented
in
all
things
the
Ioiada
by
his
owne
proper
authoritie
,
Priestly
power
King
Dauid
high
Priest
Kings
Protectour
,
Keeper
represented
the
person
in
all
things
owne
proper
authoritie
high
Priest
Kings
Protectour
owne
proper
authority
by
his
owne
proper
authoritie
Therefore
all
the
multitude
Scripture
,
made
a
couenant
with
the
in
the
house
of
said
to
them
,
Behold
the
sone
shall
raigne
,
as
our
hath
spoken
vpon
the
sonnes
of
Heere
is
described
the
institution
of
the
true
heire
,
the
due
heire
,
which
ought
to
be
the
due
King
,
and
which
ought
to
be
by
the
procurement
of
the
high
Priest
,
seeking
thereunto
the
assent
of
the
Princes
,
Nobles
of
the
Realme
,
when
it
is
said
,
That
which
is
added
concerning
the
couenant
with
the
is
vnderstood
of
the
future
to
wit
,
with
him
,
who
a
little
after
was
to
be
instituted
as
it
is
manifest
by
the
same
place
;
for
presently
it
is
added
,
And
the
is
against
for
if
heere
be
described
the
institution
of
the
true
and
to
this
is
required
the
assent
of
the
was
not
before
,
albeit
he
was
the
sonne
:
For
he
that
is
by
succession
ought
not
to
be
instituted
,
but
declared
,
neither
doth
he
neede
the
assent
of
the
did
constitute
the
and
depose
the
but
the
ayding
and
assisting
him
,
without
whom
he
could
not
haue
accomplished
the
matter
.
King
de
iure
King
de
facto
de
iure
by
right
institute
Ioas
King
future
King
King
de
facto
instituted
King
de
facto
King
de
iure
Ioiada
created
instituted
King
de
facto
King
de
iure
Behold
the
sonne
shall
reigne
,
as
our
hath
spoken
ouer
the
sonnes
of
that
is
shall
reigne
King
de
facto
true
,
due
rightfull
King
true
,
due
rightfull
heire
King
Ochozias
King
de
iure
by
right
It
is
manifest
that
an
heire
hath
the
same
power
and
right
,
which
the
deceased
had
Inheritance
is
no
other
thing
,
then
a
succeeding
to
all
the
which
the
deceased
had
Here
is
described
the
institution
of
the
true
but
of
the
true
rightfull
heire
true
and
rightfull
heire
rightfull
heire
King
Ochozias
Doctour
,
Assuredly
Ioas
was
not
before
,
although
he
was
the
sonne
,
if
he
meane
that
he
was
not
that
assuredly
before
,
because
he
was
the
Scripture
,
Behold
the
Kings
sonne
But
he
that
is
by
succession
Doctour
,
ought
not
to
be
instituted
or
made
,
but
to
be
declared
,
neither
doth
he
need
the
assent
of
the
Princes
.
King
de
iure
made
King
de
iure
King
de
iure
de
iure
King
de
facto
made
King
de
facto
[
to
depose
institute
,
create
make
a
King
Gregorius
Tholosanus
because
the
instituting
or
giuing
of
a
benefice
is
sometimes
effected
by
giuing
the
possession
,
or
as
it
is
commonly
said
by
installing
or
inuesting
,
therefore
to
is
sometimes
taken
for
to
install
inuest
as
by
deliuering
some
corporall
thing
,
as
a
ring
,
a
crowne
,
a
scepter
by
which
the
real
and
actuall
possession
is
giuen
,
apprehended
or
induced
.
King
de
facto
did
institute
the
and
deposed
the
King
de
facto
Queene
de
facto
thrust
her
out
of
the
possession
of
the
kingdome
King
de
iure
King
de
iure
King
,
Princes
A
conspiracie
,
A
conspiracie
,
Treason
,
Treason
,
Therefore
all
the
people
entered
into
the
house
of
and
destroyed
it
And
Ioiada
made
a
couenant
betweene
himselfe
,
and
all
the
people
,
and
the
that
they
would
be
the
people
of
the
Lord
,
either
slaunder
Card.
or
else
knew
not
what
I
said
my selfe
,
that
Card.
did
not
sincerely
relate
the
words
of
holy
Scripture
,
Therefore
all
the
people
entered
into
the
house
of
and
destroyed
it
made
a
couenant
betweene
himselfe
,
and
all
the
people
and
the
were
a
confirmation
of
the
newly
annointed
,
and
crowned
Therefore
all
the
people
entred
into
the
house
of
and
destroyed
it
did
not
meane
,
that
those
words
precisely
Baal
,
&c.
doe
immediately
follow
after
the
words
,
wherein
the
killing
of
was
commanded
,
but
his
meaning
was
,
that
the
ouerthrowing
of
the
temple
of
was
done
immediately
after
the
killing
of
the
and
therefore
hee
did
not
properly
speake
of
wordes
,
but
of
things
done
King
Ioas
Those
wordes
doe
immediately
follow
the
killing
of
Bellarmines
expresse
words
good
Reader
King
Ochozias
owne
proper
authoritie
Theologicall
Disputation
But
now
our
Aduersaries
answere
this
exemple
of
doe
say
,
that
shee
was
no
lawfull
but
a
Tyrant
,
and
vsurped
the
state
in
preiudice
of
the
right
heire
,
whom
set
vp
,
and
that
therefore
the
example
of
her
deposition
cannot
be
of
consequence
to
prooue
,
that
the
high
in
the
old
law
had
authoritie
to
depose
a
lawfull
But
they
are
to
vnderstand
,
that
it
little
importeth
for
the
matter
in
hand
,
whether
shee
were
a
true
or
a
for
though
shee
had
beene
a
lawfull
yet
hee
should
haue
beene
her
lawfull
it
being
euident
,
that
otherwise
hee
could
not
haue
beene
her
to
determine
of
her
right
,
and
depose
her
as
vnlawfull
,
especially
after
shee
had
beene
receiued
for
and
obeyed
by
the
State
for
sixe
yeeres
:
to
which
purpose
it
is
to
be
considered
,
that
no
man
can
lawfully
condemne
an
offender
,
ouer
whom
he
should
not
also
haue
power
in
case
he
were
innocent
;
for
as
well
,
and
iustly
doth
the
absolue
a
man
when
he
is
innocent
,
as
condemne
him
when
he
is
nocent
,
hauing
equall
authoritie
,
and
the
same
iudiciall
power
ouer
him
in
both
cases
.
good
Syr
lawfull
Superiour
lawfull
Iudge
whereof
the
King
is
head
Kings
Protectour
especially
after
she
had
beene
receiued
for
and
obeyed
by
the
whole
state
for
sixe
yeeres
,
that
no
man
can
lawfully
condemne
an
offender
,
ouer
whom
hee
should
not
also
haue
power
in
case
he
were
innocent
,
for
as
well
and
iustly
doth
a
Iudge
absolue
a
man
,
when
hee
is
innocent
,
as
condemne
him
when
he
is
nocent
,
hauing
equall
authoritie
,
and
the
same
iudiciall
,
power
in
both
cases
:
For
I
doe
not
deny
,
that
Kings
Protectour
high
Priest
high
Priest
Priestly
authority
Cardinall
Caietaine
Besides
that
Fitherbert
,
our
Aduersaries
must
needes
graunt
,
either
that
deposed
her
as
her
lawfull
being
high
or
else
that
any
peculiar
man
many
of
his
owne
authority
take
vpon
him
to
depose
,
and
kill
a
Tyrant
,
and
vsurper
,
which
opinion
was
worthily
condemned
by
the
as
hereticall
,
and
with
great
reason
,
for
that
no
particular
man
can
make
himselfe
another
mans
and
much
lesse
the
of
a
Neither
can
there
be
any
doctrine
more
dangerous
to
Common-wealths
,
or
pernicious
to
states
,
then
that
euery
subiect
may
take
vpon
him
to
iudge
,
when
his
is
a
and
proceeds
against
him
to
his
deposition
,
or
death
.
Priestly
authoritie
Kings
Protectour
S.
Thomas
dist.
vltima
q.
hereticall
scandalous
and
giuing
way
to
fraudes
,
deceipts
,
treasons
and
periuries
,
Euery
Tyrant
King
)
may
and
ought
lawfully
,
and
meritoriously
to
be
slaine
by
any
his
vassall
or
subiect
euen
by
secret
wiles
and
craftie
deceipts
,
or
flatteries
,
notwithstanding
any
oath
,
or
confideracie
made
by
them
with
him
,
not
expecting
the
sentence
or
commandment
of
any
Iudge
whatsoeuer
,
Kings
Protectour
it
followeth
,
that
seeing
did
lawfully
depose
being
a
holy
man
and
therefore
called
by
our
Sauiour
that
is
to
say
he
did
it
not
as
a
particular
and
priuate
man
,
but
as
a
publike
person
.
to
wit
,
as
to
whom
it
belonged
to
iudge
of
her
cause
,
Ioiada
being
high
as
her
lawfull
Iudge
,
and
not
as
a
particular
,
and
priuate
man
,
but
as
a
publike
person
,
did
depose
her
seeing
that
she
was
not
only
a
cruell
tyrant
,
but
also
an
abhominable
Idolairesse
,
hauing
drawne
her
husband
her
sonne
and
the
people
to
Idolatrie
,
and
transferred
the
riches
of
temple
to
the
temples
of
Idolls
,
which
being
matter
of
Religion
belonged
directly
to
the
tribunall
of
the
and
therefore
I
conclude
,
that
deposed
her
,
as
her
Superiour
,
and
lawfull
Iudge
according
to
the
supreme
authoritie
that
gaue
to
the
in
the
old
Testament
ouer
the
temporall
State
.
So
I
in
my
Supplement
.
Idolatrie
being
a
matter
of
Religion
belonged
directly
to
the
tribunall
of
the
high
Priest
high
Priest
in
fine
Theologicall
Disputation
Bonauenture
,
Abulensis
High-Priest
.
Seeing
that
because
he
was
in
c.
was
the
executor
of
the
law
of
against
offenders
,
it
belonged
to
him
by
his
office
to
destroy
all
Altars
,
which
were
without
the
temple
of
our
Lord
,
and
to
take
away
such
a
worship
,
and
consequently
all
Idolatrie
,
vnder
the
penaltie
of
death
.
according
to
the
supreame
coerciue
authoritie
,
that
gaue
to
the
in
the
old
Testament
ouer
the
temporall
state
,
according
to
the
supreame
coerciue
authoritie
,
that
gaue
to
the
Kings
Protectour
King
Ozias
of
the
old
law
had
authoritie
to
iudge
a
and
to
depriue
him
of
his
kingdome
for
corporall
leprosie
,
therefore
in
the
new
law
the
hath
authoritie
to
depriue
a
of
his
kingdome
for
spirituall
leprosie
,
that
is
,
for
heresie
,
which
was
figured
by
leprosie
.
for
that
wee
reade
that
King
when
hee
would
vsurpe
the
office
of
a
was
by
the
High
cast
out
of
the
temple
,
and
when
he
was
for
the
same
sinne
stricken
by
with
leprosie
,
hee
was
also
enforced
to
depart
out
of
the
Citie
,
and
to
renounce
his
kingdome
to
his
sonne
.
And
that
he
was
depriued
of
the
Citie
,
and
of
the
administration
of
the
kingdome
not
of
his
owne
accord
,
but
by
the
sentence
of
the
it
is
apparant
:
For
wee
reade
saith
the
law
Seeing
therefore
that
this
was
a
law
in
Israel
,
and
withall
wee
reade
,
that
the
King
did
dwell
without
the
Citie
in
a
solitary
house
,
and
that
his
sonne
did
in
the
Citie
iudge
the
people
of
the
land
,
wee
are
compelled
to
say
,
that
hee
was
separated
at
the
arbitrement
of
the
and
consequently
depriued
of
his
authoritie
to
reigne
.
S.
Aug.
that
heresie
was
figured
by
leprosie
,
that
all
things
chanced
to
the
Iewes
in
a
figure
.
good
Reader
Abulensis
,
it
did
principally
debarre
men
from
entering
into
the
Sanctuarie
,
and
from
touching
sacred
things
,
High
Priest
King
Dauid
good
Reader
Ozias
.
First
entering
into
the
temple
of
our
Lord
would
burne
incense
vpon
the
Altar
of
incense
.
And
incontinently
going
in
after
him
,
and
with
him
the
of
our
eightie
,
most
valiant
men
,
they
resisted
the
and
said
,
It
is
not
thy
office
,
to
burne
incense
to
our
but
of
the
that
is
,
of
the
children
of
which
are
consecrated
to
this
kind
of
ministerie
,
goe
out
of
the
Sanctuarie
,
contemne
not
,
because
this
thing
shall
not
be
reputed
to
thee
for
glorie
by
our
Lord
.
Ozias
being
angrie
and
holding
in
his
hand
the
Censar
to
burne
incense
threatned
the
And
forthwith
there
arose
a
leprosie
in
his
forehead
before
the
And
when
the
high
had
beheld
him
,
and
all
the
rest
of
the
they
saw
the
leprosie
in
his
forehead
,
and
in
haste
they
thrust
him
out
;
yea
and
himselfe
being
sore
afraid
made
haste
to
goe
out
,
because
he
felt
by
and
by
the
plague
of
our
Lord
.
That
they
thrust
him
out
,
no
man
enforcing
him
,
yea
and
himselfe
being
sore
afraid
made
haste
to
goe
out
,
was
a
leper
vntill
the
day
of
his
death
,
and
he
dwelt
in
a
house
apart
,
full
of
the
leprosie
,
for
the
which
he
had
beene
cast
out
of
the
house
of
our
Lord
.
Moreouer
his
sonne
gouerned
the
house
,
and
iudged
the
people
of
the
Land
.
Ioannes
Parisiensis
Iohn
Wicleffe
Ordinary
Glosse
that
a
wicked
during
the
time
of
his
wickednesse
is
not
according
to
trueth
to
be
celled
a
but
onely
equiuocally
,
as
a
stony
or
painted
eye
,
and
the
same
much
more
is
to
be
said
of
a
wicked
good
Reader
First
therefore
I
answered
,
that
if
this
argument
of
Card.
Bellarmine
taken
from
the
example
of
King
Ozias
were
of
force
,
it
would
prooue
more
,
then
perchance
Card.
Bellarmine
would
willingly
grant
,
to
wit
,
that
not
only
the
Pope
but
also
inferiour
Bishops
,
yea
and
Priests
,
haue
power
by
the
law
of
God
to
depriue
Princes
of
their
kingdomes
for
spirituall
leprosie
,
seeing
that
in
the
olde
law
not
onely
the
high
Priest
,
but
also
inferiour
Priests
had
power
to
iudge
of
leprosie
.
The
man
,
saith
the
law
g
g
Leuit.
13.
,
in
whose
skinne
and
flesh
shall
arise
a
diuers
colour
,
or
a
blisters
,
or
any
thing
,
as
it
were
,
shining
,
that
is
to
say
,
the
plague
of
the
leprosie
,
shall
be
brought
to
Aaron
the
Priest
,
or
any
one
of
his
sonnes
,
and
at
his
arbitrement
he
shall
be
separated
.
Besides
,
this
example
doth
also
prooue
,
that
Prince
not
onely
for
heresie
,
but
also
for
all
other
mortall
sinnes
whatsoeuer
,
may
be
deposed
by
Bishops
and
Priests
,
for
that
not
onely
the
sinne
of
heresie
,
but
also
other
sinnes
were
figured
by
leprosie
,
Bellar.
lib.
3.
de
Paenit
.
cap.
3.
as
Card.
Bellarmine
himselfe
confesseth
,
who
speaking
of
the
confessing
of
sinnes
saith
,
that
the
knowledge
of
sinne
,
which
was
figured
by
leprosie
,
and
is
most
aptly
named
a
spirituall
leprosie
,
appertaineth
to
Christian
Priests
.
This
was
my
first
answere
.
It
is
credible
,
that
is
the
old
Testament
according
to
the
diuersitie
of
the
leprosie
,
and
the
diuersitie
of
the
persons
there
were
also
diuers
iudgements
,
greater
and
lesser
,
and
that
it
was
not
lawfull
for
euery
to
iudge
a
credibile
est
,
it
is
credible
,
Other
Priests
had
power
to
iudge
in
the
plague
of
leprosie
,
as
and
therefore
to
whom
soeuer
of
them
that
person
,
who
had
such
signes
,
should
be
showed
,
it
was
sufficient
.
Therefore
when
had
cured
the
ten
lepers
,
he
did
not
send
them
specially
to
the
but
to
any
one
of
the
But
howsoeuer
it
be
concerning
the
custome
of
that
nation
,
assuredly
in
the
Church
of
greater
causes
are
reserued
to
the
as
we
read
cap.
Maiores
de
in
the
Decret
all
Epistles
.
Therefore
euery
may
indeed
iudge
of
the
leprosie
of
sinne
,
and
absolue
,
or
bind
his
Subiects
,
but
some
more
heynous
crimes
are
reserued
to
others
also
to
the
as
first
of
all
is
the
crime
of
heresie
,
to
which
the
name
of
leprosie
doth
agree
.
Therefore
it
is
no
meruaile
,
that
euery
cannot
iudge
euen
for
the
crime
of
heresie
.
Adde
,
that
in
the
olde
Testament
it selfe
we
haue
not
an
example
,
wherein
were
iudged
for
leprosie
,
then
by
the
It
would
follow
that
not
onely
the
but
also
inferiour
yea
also
and
haue
power
by
the
law
of
God
,
&c.
to
whom
the
charge
of
soules
is
committed
,
In
verbo
high
Priest
inferiour
Priests
High
Priest
inferiour
Priests
High
Priest
High
Priest
King
Ozias
resisted
him
It
is
not
thy
office
Ozias
,
Ozias
being
angry
threatned
the
Priests
,
and
forthwith
there
arose
a
leprosie
in
his
forehead
before
the
And
when
the
high
had
beheld
him
,
and
all
the
rest
of
the
they
saw
the
leprosie
in
his
forehead
,
and
in
hast
they
thrust
him
out
.
High
Priest
High
Priest
High
Priest
second
consequence
I
answere
It
is
true
,
that
all
sinnes
are
signified
by
leprosie
,
but
not
therefore
may
bee
iudged
for
all
sinnes
whatsoeuer
by
euery
Because
as
we
now
haue
saide
,
greater
sinnes
are
reserued
to
greater
Prelates
,
and
some
to
the
alone
,
especially
when
we
speake
of
persons
,
that
are
placed
in
the
highest
degree
of
dignitie
.
second
consequence
first
consequence
second
consequence
first
consequence
that
indeede
all
sinnes
are
signified
by
leprosie
,
but
not
therefore
may
be
iudged
by
euery
for
all
sinnes
ducere
ad
inconueniens
non
est
soluere
argumentum
,
to
draw
one
to
an
inconuenience
is
not
to
solue
the
argument
,
I
did
secondly
and
principally
answere
,
that
this
argument
of
Cardinall
Bellarmine
taken
from
the
foresaide
example
of
King
Ozias
,
is
also
most
weake
,
seeing
,
that
the
antecedent
proposition
is
very
vncertaine
,
not
to
say
false
,
and
the
consequence
no
lesse
doubtfull
.
And
forasmuch
as
concerneth
the
antecedent
proposition
,
and
the
proofe
thereof
,
albeit
he
doth
rightly
gather
from
Leuit.
13.
&
2.
Paralip.
26.
that
the
Priest
of
the
Leuiticall
stocke
might
iudge
Kings
infected
with
leprosie
,
and
pronounce
sentence
against
them
,
by
declaring
the
law
of
God
,
that
they
ought
to
dwell
apart
out
of
the
campe
,
which
is
the
first
part
of
the
antecedent
proposition
,
seeing
that
this
separation
was
imposed
by
God
vpon
lepers
,
at
the
arbitrement
,
or
declaratiue
sentence
of
the
Priest
;
yet
hee
doth
not
therefore
well
conclude
,
that
the
Priest
of
the
stocke
of
Leui
had
authoritie
to
depriue
Kings
being
infected
with
leprosie
,
of
their
kingdomes
,
euen
by
accident
,
and
consequently
,
vnlesse
the
depriuing
them
of
their
kingdome
should
necessarily
follow
their
dwelling
in
a
place
apart
from
the
rest
of
the
people
,
which
neuerthelesse
cannot
bee
forcibly
prooued
from
the
holy
Scripture
.
For
as
Fa.
Suarez
doth
well
obserue
,
o
o
Disp.
15.
de
.
Excommunnicat
.
sec.
6.
nu.
3.
the
depriuation
of
dominion
doth
euer
last
,
after
it
once
bee
done
:
but
that
dwelling
apart
of
lepers
,
to
be
imposed
at
the
arbitrement
of
the
Priest
,
did
onely
continue
for
the
time
they
were
infected
with
leprosie
,
for
which
time
neuerthelesse
they
remained
true
Kings
,
although
others
did
administer
their
kingdome
.
For
vnablenesse
to
gouerne
the
kingdome
doth
not
depriue
Kings
of
their
right
and
authoritie
to
reigne
;
as
it
is
manifest
in
a
King
,
who
is
vnder
age
,
in
whom
there
is
true
dominion
,
power
,
and
right
to
reigne
,
although
vntill
hee
come
to
yeeres
of
discretion
,
there
is
appointed
him
a
Protector
and
Guardian
,
who
doth
in
the
Kings
name
,
and
by
the
Kings
authoritie
adminster
all
the
affaires
of
the
kingdome
.
And
that
King
Ozias
for
all
the
time
of
his
infirmitie
,
which
continued
vntill
the
day
of
his
death
,
did
remaine
true
King
,
the
Glosse
doth
most
plainely
teach
2.
Paralip.
26.
who
writeth
thus
.
The
Hebrewes
are
of
opinion
,
that
this
(
the
miraculous
striking
of
Ozias
with
leprosie
)
happened
in
the
25th
yeere
of
Ozias
,
the
rest
of
whose
yeeres
are
twentie
seuen
,
and
he
raigned
fiftie
one
yeeres
.
And
the
same
is
gathered
not
obscurely
from
the
Scripture
it selfe
in
that
place
.
Wherevpon
although
we
reade
in
the
21.
vers.
that
for
the
time
Ozias
was
a
leper
,
Ioathan
his
sonne
gouerned
the
Kings
house
,
yet
wee
doe
not
reade
that
Ioathan
his
sonne
reigned
for
him
,
but
after
that
Ozias
was
dead
,
vers.
23.
I
answere
should
haue
beene
depriued
only
of
the
administration
of
the
kingdome
,
and
constrained
to
giue
it
ouer
to
his
sinne
,
yet
had
kept
the
right
,
and
authoritie
to
reigne
,
as
my
Aduersarie
will
haue
it
,
neuerthelesse
Card.
argument
would
be
strong
,
and
vnshaken
.
For
from
hence
also
by
the
grant
of
my
Aduersarie
is
we
doe
gather
,
that
King
was
by
the
of
Aaron
,
depriued
,
not
only
of
the
communion
of
sacred
things
,
but
also
of
the
administration
of
his
kingdome
,
and
punished
not
only
with
a
spirituall
but
also
with
a
temporall
punishment
.
But
my
denieth
,
that
an
hereticall
can
be
depriued
of
the
administration
of
his
Kingdome
,
and
he
saith
that
he
can
only
be
depriued
of
the
receiuing
of
Sacraments
.
King
Ozias
If
therefore
the
of
the
old
law
had
power
to
iudge
a
and
to
depriue
him
of
his
kingdome
for
corporall
leprosie
,
why
may
not
a
now
doe
the
same
for
spirituall
leprosie
?
High
Priest
But
their
dwelling
apart
from
the
rest
of
the
people
doth
necessarily
inferre
,
Doctour
,
that
they
were
depriued
at
least
of
the
administration
of
their
kingdome
,
consequently
Princes
I
answere
secondly
King
Ozias
did
indeed
retaine
the
name
of
a
for
the
residue
of
his
life
,
but
a
bare
and
naked
name
.
For
his
sonne
did
gouerne
the
kingdome
with
full
power
,
although
without
the
name
of
a
For
so
the
Scripture
speaketh
Therefore
we
haue
not
from
the
Scripture
,
that
any
part
of
the
gouernment
did
any
way
appertaine
to
doth
more
cleerely
explicate
While
he
saith
Ozias
▪
But
howsoeuer
it
be
,
this
is
manifest
,
that
was
depriued
of
the
administration
of
the
kingdome
,
and
therefore
punished
with
a
temporall
punishment
.
But
thou
wilt
say
,
that
retained
the
name
of
a
King
,
and
as
it
was
said
in
the
answere
perchance
a
right
to
reigne
.
Therefore
from
hence
it
cannot
be
proued
,
that
hereticall
may
altogether
be
depriued
of
their
kingdomes
by
the
Pope
.
I
answere
.
from
hence
it
is
proued
,
that
the
may
for
a
iust
cause
inflict
vpon
a
a
temporall
punishment
,
as
is
the
depriuing
of
the
of
the
kingdome
it
is
consequently
gathered
,
that
for
a
most
weightie
cause
,
and
for
a
very
heinous
crime
,
and
very
pernicious
to
the
Church
,
as
for
example
is
heresie
,
he
may
inflict
a
more
grieuous
punishment
,
as
is
the
depriuing
him
altogether
of
his
kingdome
.
For
both
the
fourth
did
remoue
the
second
from
the
administration
of
the
kingdome
,
because
he
was
vnfit
,
and
gaue
him
his
brother
the
third
for
a
Coadiutor
,
and
also
he
depriued
of
the
Empire
the
second
in
the
Councell
of
being
declared
an
enemie
to
the
Church
.
that
the
reigned
all
the
rest
of
his
life
,
Sixteene
yeeres
old
was
Ozias
When
he
beganne
to
reigne
,
and
he
reigned
two
and
fiftie
yeeres
in
Ierusalem
.
slept
with
his
Fathers
,
and
they
buried
him
in
the
sepulchres
field
,
because
he
was
a
leaper
;
and
his
sonne
for
him
.
Fiue
and
twentie
yeeres
old
was
when
he
beganne
to
reigne
and
he
reigned
sixteene
yeeres
in
Ierusalem
.
was
not
called
neither
did
he
sit
in
the
seate
of
estate
,
but
was
called
all
the
time
he
liued
and
vnder
him
is
reckoned
the
time
of
the
kingdome
,
and
the
power
,
or
authoritie
concerning
those
things
,
which
were
done
in
the
kingdome
did
depend
on
him
,
although
they
were
administred
by
his
sonne
This
Ioathan
Abulensis
,
was
the
only
or
at
least
wise
the
eldest
sonne
of
therefore
he
did
succeede
in
the
Kingdome
,
his
Father
being
dead
;
for
his
Father
being
aliue
,
he
did
gouerne
the
Palace
,
sustained
the
whole
weight
of
the
Kingly
labour
.
26
▪
Gregorius
Tholosanus
King
Ozias
.
Seeing
that
King
of
was
striken
by
God
with
leprosie
for
this
sinne
,
that
he
did
not
destroy
the
Altars
of
the
Idolls
,
after
he
was
become
a
leaper
,
he
liued
indeede
vntill
the
day
of
his
death
in
a
free
house
apart
:
yet
he
was
not
depriued
of
his
kingdome
,
but
his
sonne
gouerned
the
Palace
,
and
did
iudge
the
people
of
the
Land
,
at
his
Coadiutor
:
And
another
cause
of
his
leprosie
is
alledged
,
for
that
he
presumed
to
burne
incense
vpon
the
Altar
of
incense
,
which
was
of
a
Priest
,
yet
in
both
places
it
is
said
,
that
for
him
only
after
his
death
,
but
that
before
his
death
he
only
administred
the
kingdome
in
his
Fathers
name
.
full
power
full
power
he
gouerned
the
Kings
Palace
,
and
iudged
the
people
of
the
Land
:
full
absolute
and
supreme
authoritie
full
delegate
power
Kings
Protectour
full
,
absolute
,
and
supreame
power
,
Soueraigne
King
Kingly
authoritie
that
King
liued
in
a
house
a-part
,
and
his
sonne
gouerned
the
house
,
and
iudged
the
people
of
the
Land
.
After
the
had
perceiued
the
leprosie
in
the
face
,
they
tolde
him
they
iudged
,
that
hee
was
stricken
by
God
with
the
plague
of
leprosie
;
and
they
admonished
him
,
that
hee
would
depart
the
Citie
,
as
one
polluted
▪
and
vncleane
.
And
hee
with
the
shame
of
his
calamitie
obeyed
,
being
so
miserably
punished
for
his
pride
ioyned
with
impietie
;
and
when
for
a
time
hee
liued
priuate
out
of
the
Citie
,
his
sonne
administring
the
kindome
,
at
length
being
consumed
with
sorrow
hee
dyed
the
sixtie
eight
yeere
of
his
age
,
and
the
fiftie
second
of
his
kingdome
or
reigne
.
Ioathan
administred
And
hee
dwelled
in
a
free
house
apart
,
hee
did
not
dwell
in
the
for
he
being
a
leper
ought
not
to
giue
himselfe
to
businesses
,
neither
did
he
dispose
of
the
kingdome
,
but
and
it
is
called
a
free
house
,
that
is
,
sequestred
from
all
businesse
,
and
frequentation
of
people
:
for
none
did
resort
to
him
but
those
,
who
serued
him
;
but
the
rest
which
belonged
to
the
did
;
and
perchance
it
is
called
a
free
house
,
because
it
was
out
of
the
Citie
.
Therefore
that
the
estate
,
prouision
,
pompe
,
should
not
cease
,
his
sonne
gouerned
the
Pallace
,
to
wit
,
he
remained
in
the
house
,
and
all
the
Nobles
,
and
mightiest
men
of
the
Land
had
recourse
to
him
as
they
were
wont
to
haue
recourse
to
and
he
kept
all
the
seruants
,
and
all
the
other
prouision
,
which
his
Father
kept
,
that
the
state
should
not
seeme
to
be
diminished
,
and
yet
he
was
not
called
neither
did
he
sit
in
the
seate
of
estate
was
at
least
wise
depriued
of
the
of
the
kingdome
,
from
whence
it
is
prooued
that
the
may
inflict
vpon
a
for
a
iust
cause
a
temporall
punishment
,
as
is
the
depriuing
of
the
of
the
kingdome
;
and
from
thence
consequently
it
is
gathered
,
that
for
a
most
important
cause
,
and
a
very
heinous
crime
,
as
is
heresie
,
he
may
inflict
a
greater
punishment
,
as
is
the
depriuing
him
altogether
of
his
kingdome
.
King
Ozias
per
accidens
spirituall
Pastours
temporall
Princes
Dominicus
Bannes
,
may
put
heretikes
to
death
,
or
punish
them
in
some
other
manner
.
Pope
Innocent
it
is
one
thing
to
relate
the
facts
of
and
another
thing
to
prooue
their
authoritie
,
and
power
.
Neither
also
doth
Cardinal
Bellarmine
sufficiently
confirme
,
that
the
Leuiticall
Priests
had
authority
to
depriue
Kings
that
were
infected
with
leprosie
onely
of
the
administration
of
their
Kingdomes
,
for
that
time
onely
that
they
were
infected
with
leprosie
.
For
albeit
Ozias
,
after
he
was
stricken
by
God
with
the
plague
of
leprosie
did
not
administer
the
kingdome
,
the
cause
thereof
might
bee
,
for
that
hee
being
not
fit
to
gouerne
the
kingdome
during
the
time
of
his
infirmitie
,
did
commit
the
gouernment
to
Ioathan
his
sonne
,
and
did
appoint
him
the
Administratour
of
the
kingdome
,
vntill
he
should
be
restored
to
his
former
health
.
But
that
a
Priest
of
the
old
law
had
authority
to
depriue
Kings
being
infected
with
leprosie
either
of
their
kingdomes
,
or
of
the
administration
thereof
,
it
cannot
bee
sufficiently
gathered
from
the
holy
Scripture
.
As
also
we
cannot
sufficiently
collect
from
the
holy
Scripture
,
that
a
Priest
of
the
old
law
had
authoritie
to
depriue
housholders
being
infected
with
leprosie
either
of
their
goods
,
or
of
the
administration
thereof
,
although
it
be
very
like
,
that
seeing
such
householders
ought
at
the
iudgement
of
the
Priest
,
declaring
them
to
be
leapers
,
to
dwell
out
of
the
campe
,
they
themselues
did
commit
to
others
the
authoritie
to
bee
administratours
of
their
goods
for
the
time
they
were
infected
with
leprosie
;
And
so
the
weakenesse
of
the
antecedent
proposition
is
manifest
.
I
answere
These
make
nothing
to
the
matter
.
It
is
enough
for
vs
,
that
did
by
the
commandement
of
the
dwell
in
a
house
apart
from
the
time
of
his
leprosie
vntill
his
death
;
and
that
seeing
hee
could
not
conuerse
with
the
people
he
was
enforced
to
permit
the
of
the
kingdome
to
his
sonne
,
so
that
nothing
at
all
concerning
the
affaires
of
the
kingdome
was
referred
to
him
.
But
if
he
had
not
beene
subiect
to
the
power
of
the
he
might
haue
contemned
the
and
against
his
will
dwell
in
the
Cittie
,
and
gouerne
the
kingdome
either
by
himselfe
,
or
by
his
For
leprosie
doth
not
take
away
the
iudgement
of
the
mind
,
and
wisedome
necessarie
to
gouerne
.
Truly
was
a
leeper
,
and
because
he
was
not
subiect
to
the
of
the
Hebrewes
,
he
did
n●t
dwell
in
a
house
apart
,
but
he
was
the
Generall
of
Warfare
,
and
he
went
wheresoeuer
he
would
.
And
in
the
same
manner
the
might
depriue
housholders
of
the
of
their
goods
,
especially
if
they
had
any
in
because
he
did
separate
them
from
the
people
,
or
the
conuersation
of
men
,
and
did
exclude
them
from
and
consequently
depriued
them
of
the
of
those
goods
,
which
they
had
in
albeit
they
might
them
by
others
that
the
principall
question
,
which
is
now
betwixt
Card.
Bellarmine
,
and
me
,
was
depriued
either
of
his
kingdome
,
or
of
the
administration
thereof
by
the
High
Priest
,
is
nothing
to
the
matter
.
high
Priest
King
de
iure
de
facto
manifest
,
[
but
howsoeuer
it
be
,
to
wit
,
whether
only
in
name
with
Regall
authoritie
,
it
is
that
he
was
depriued
of
the
of
the
kingdome
and
therefore
punished
with
a
temporall
punishment
]
Card.
Bellarmine
high
Priest
That
this
is
nothing
to
the
matter
,
that
King
was
by
the
high
depriued
of
his
Kingly
gouernment
for
corporall
leprosie
is
nothing
to
the
matter
.
good
Reader
is
nothing
to
the
matter
.
It
is
enough
for
vs
,
that
King
did
by
the
commandement
dwell
in
a
house
apart
all
the
time
of
his
leprosie
vntill
his
death
,
high
Priest
high
Priest
high
Priest
high
Priest
constitutiue
commandement
high
Priest
declaratiue
commandement
Iohn
Wicklefe
liuing
in
a
house
apart
,
could
not
,
Doctour
,
conuerse
with
the
people
,
and
so
he
was
enforced
to
permit
absolutely
to
to
his
sonne
the
administration
of
the
kingdome
,
that
nothing
at
all
should
be
referred
to
him
,
concerning
the
affaires
of
the
kingdome
.
High
Priests
High
Priest
high
Priest
high
Priest
so
that
nothing
concerning
the
affaires
of
the
kingdome
should
bee
referred
to
him
:
enforced
to
permit
absolutely
the
administration
of
the
kingdome
to
his
sonne
,
so
that
nothing
concerning
the
affaires
of
the
kingdome
should
bee
referred
to
him
leprosie
doeth
not
take
away
the
iudgement
of
the
mind
,
and
wisedome
necessarie
to
gouerne
.
Ozias
could
not
conuerse
with
the
people
,
it
was
not
forbidden
by
the
law
,
to
touch
a
leper
;
for
although
the
touching
of
a
leper
d●d
cause
a
legall
vncleanesse
,
yet
it
was
not
any
sinne
,
or
imperfection
to
incurre
a
legall
vncleannesse
,
but
sometimes
it
was
meritorious
to
bee
legally
polluted
:
for
to
touch
dead
bodies
,
and
graues
was
a
legall
vncleannesse
and
yet
to
bury
,
the
dead
was
a
meritorious
worke
,
for
which
is
greatly
commended
;
and
sometimes
also
a
man
was
bound
to
incurre
a
legall
vncleannesse
,
as
children
were
bound
to
bury
their
parents
,
and
yet
by
this
they
were
legally
polluted
and
not
only
in
prophane
things
,
but
also
in
diuine
mysteries
were
sometimes
bound
by
the
law
to
be
legally
polluted
:
as
the
who
offered
a
red
cow
in
a
burnt
sacrifice
was
polluted
,
and
yet
this
was
done
by
the
commandement
of
Wherefore
to
incurre
a
legall
vncleannesse
was
not
forbidden
by
the
law
,
but
it
was
onely
forbidden
to
enter
into
the
Sanctuarie
,
or
to
touch
sacred
things
before
he
should
be
cleansed
.
Leuit.
enforced
to
permit
absolutely
to
his
sonne
the
gouernment
thereof
,
that
nothing
at
all
should
be
referred
to
him
concerning
the
affaires
of
the
kingdome
,
absolute
necessitie
rightfull
King
But
if
King
had
not
beene
subiect
Doctour
)
to
the
power
of
the
he
might
haue
contemned
the
and
against
his
will
haue
dwelled
in
the
Regall
and
also
haue
gouerned
the
kingdome
.
high
Priest
high
Priest
high
Priest
high
Priest
[
and
against
his
will
he
might
haue
dwelt
in
the
Regall
Citie
]
high
Priest
high
Priest
high
Priest
high
Priest
high
Priest
high
Priest
high
Priests
true
King
Regall
authoritie
that
to
deny
obedience
to
a
so
long
as
he
remaineth
is
plainly
repugnant
to
the
law
of
God
,
&c.
lib.
the
obligation
of
obedience
in
any
degree
,
or
state
doth
so
long
endure
in
the
subiect
,
as
the
dignitie
,
or
power
and
iurisdiction
doth
endure
in
the
Superiour
,
for
these
are
correlatiues
,
and
the
one
dependeth
on
the
other
.
And
in
the
same
manner
Doctor
,
might
the
depriue
housholders
of
the
administration
of
their
goods
,
especially
which
they
had
in
Citie
,
because
he
did
separate
them
from
the
people
or
conuersation
of
men
,
and
did
exclude
them
from
Cities
,
and
consequently
did
depriue
them
of
the
administration
of
those
goods
,
which
they
had
in
Cities
,
although
they
might
administer
them
by
others
.
high
Priest
high
Priest
that
the
did
consequently
depriue
them
of
the
of
their
goods
,
which
they
had
in
the
Citie
.
did
exclude
lepers
out
of
the
Citie
,
therefore
he
did
consequently
depriue
them
of
the
administration
of
those
goods
,
which
they
had
in
the
Citie
?
high
Priest
As
concerning
the
consequence
,
albeit
wee
should
grant
the
antecedent
proposition
,
to
wit
,
that
the
Priests
of
the
olde
law
had
authoritie
to
depriue
Kings
being
infected
with
leprosie
,
at
least
wise
of
the
administration
of
their
kingdomes
,
not
per
se
,
but
consequently
as
Card.
Bellarmine
deduceth
,
to
wit
,
for
that
the
had
authority
to
separate
them
from
the
company
of
the
rest
of
the
people
,
and
consequently
,
as
he
saith
,
to
depriue
them
of
their
kingdome
,
yet
we
deny
his
consequence
.
For
that
figure
of
the
lepers
doth
consist
in
this
,
that
as
in
the
old
law
they
that
were
infected
with
corporall
leprosie
,
oughts
to
be
separated
at
the
arbitrement
of
the
high
Priest
from
the
company
of
the
rest
of
the
people
,
so
long
as
they
were
infected
with
leprosie
,
so
in
the
Euangelical
law
they
that
are
infected
with
spirituall
leprosie
may
by
Bishops
be
excluded
from
the
Ecclesiasticall
communion
of
the
faithful
,
vntil
they
shal
returne
to
their
former
health
.
And
therefore
if
from
this
that
lepers
ought
vpon
the
sentence
of
the
Priest
to
remaine
in
a
house
apart
out
of
the
campe
,
vntill
they
were
healed
,
it
doth
necessarily
follow
,
that
they
had
not
power
for
that
time
to
gouerne
their
temporall
kingdome
,
no
meruaile
,
that
consequently
also
the
were
for
that
time
depriued
of
the
administration
of
the
kingdome
:
But
it
is
manifest
enough
among
the
learneder
Diuines
and
of
better
note
,
as
wee
haue
seene
aboue
,
f
f
Nu.
346.
Apolog.
that
the
depriuing
either
of
a
temporall
kingdome
,
or
of
the
administration
thereof
doth
not
necessarily
follow
Ecclesiasticall
excommunication
.
And
therefore
this
similitude
of
Card.
Bellarmine
doth
also
faile
in
this
,
and
therefore
his
whole
argument
is
not
forcible
.
Yea
also
if
Card.
Bellarmine
in
his
Treatise
of
the
Eucharist
doth
argue
well
from
the
figure
to
the
thing
figured
,
where
from
the
figures
of
the
old
Testanment
he
prooueth
,
that
Christ
our
Lord
is
truely
and
really
present
in
the
Eucharist
,
albeit
we
should
grant
,
that
the
Priests
of
Leui
had
power
to
depriue
Kings
being
infected
with
leprosie
of
their
kingdomes
,
not
only
consequently
,
but
also
per
se
,
and
principally
,
yet
it
would
not
therefore
follow
,
that
the
Priests
of
the
new
law
had
also
that
power
to
depriue
hereticall
Kings
of
their
kingdomes
.
For
by
this
very
same
that
corporall
leprosie
,
and
the
punishment
annexed
to
it
by
the
law
of
God
was
a
figure
of
heresie
or
spirituall
leprosie
,
and
of
the
punishment
which
is
agreeable
to
it
by
the
law
of
Christ
,
heresie
ought
not
by
the
Euangelicall
law
to
be
punished
with
the
losse
of
temporall
kingdome
in
regard
of
the
signification
of
the
figure
,
for
that
this
punishment
was
in
the
old
law
ordained
for
corporall
leprosie
,
but
with
a
punishment
of
a
higher
degree
,
to
wit
,
spirituall
,
and
the
losse
of
an
euerlasting
kingdome
;
because
the
figure
is
alwaies
lesse
perfect
,
and
of
an
inferiour
degree
then
is
the
thing
figured
,
as
the
shadow
in
respect
of
the
body
,
as
Card.
Bellarmine
doth
in
that
place
affirme
.
And
by
this
reason
some
Diuines
doe
not
vnaptly
gather
,
that
Christ
our
Lord
was
an
eternall
King
,
and
of
a
higher
degree
,
because
he
was
figured
by
Melchisedech
,
who
was
a
temporall
King
.
But
that
which
Card.
Bellarmine
addeth
in
the
end
out
of
the
first
to
the
Corinthians
chap.
10.
that
all
things
chaunced
to
the
Iewes
in
figure
to
prooue
from
thence
,
that
corporall
leprosie
in
the
old
Testament
was
a
figure
of
heresie
,
and
spirituall
leprosie
,
he
doth
not
well
deduce
out
of
Saint
Paul
,
neither
doth
he
entirely
and
faithfully
produce
his
words
:
For
Saint
Paul
doth
onely
say
in
that
place
,
All
these
things
(
to
wit
,
those
few
things
,
before
he
had
rehearsed
)
did
chance
to
them
in
figure
,
but
he
maketh
no
mention
at
all
in
that
place
of
this
figure
of
leprosie
.
Thus
I
answered
in
my
Apologie
.
I
answere
saide
,
that
was
enforced
to
resigne
vp
the
kingdome
to
his
sonne
(
for
my
Adversary
seemeth
to
wrest
this
awry
Kingly
authority
full
authority
Administratour
,
Protectour
,
Guardian
Regall
authority
Besides
that
Doctour
,
good
Diuines
cited
aboue
by
my
Aduersary
Paludanus
,
Richardus
,
S.
Antoninus
,
Sot●s
,
Medina
,
Richeomus
,
and
two
(
they
are
my
Aduersary
words
)
most
famous
Diuines
of
this
age
,
and
of
the
same
Religious
Order
with
Card.
d●e
teach
that
which
is
true
,
and
denied
by
no
man
,
to
wit
,
that
excommucation
precisely
,
and
men
are
not
depriued
of
the
dominion
of
their
temporall
goods
,
and
thereby
not
depriued
of
their
Kingdomes
,
and
Seignories
:
But
that
which
my
Aduersary
doth
impose
vpon
them
,
to
wit
,
that
they
are
not
depriued
of
the
of
their
kingdome
,
this
they
doe
not
teach
.
For
it
is
the
common
opinion
of
Diuines
,
and
Cannists
,
that
by
excommunication
men
are
depriued
of
their
power
to
iudge
,
and
of
other
acts
belonging
to
the
externall
Court
,
wherein
the
doth
say
and
prooue
three
things
against
my
Aduersary
in
the
place
cited
by
my
Aduersary
,
that
by
excommunication
externall
iurisdiction
doth
cease
in
the
person
excommunicated
,
and
all
acts
,
which
doe
appertaine
thereunto
.
that
in
subiects
doth
cease
the
obligation
of
fidelitie
,
being
also
sworne
,
after
the
sentence
is
giuen
by
an
Ecclesiasticall
Iudge
,
and
hee
prooueth
it
by
the
that
dominion
,
and
temporall
goods
doe
not
cease
,
vnlesse
there
be
mention
made
of
them
,
as
truely
it
is
made
in
the
excommunication
of
heretickes
,
who
are
depriued
of
all
goods
,
and
of
all
dignitie
.
Wherefore
,
seeing
that
our
principall
question
is
concerning
the
leprosie
of
heresie
,
it
is
plaine
,
that
my
hath
imposed
vpon
Catholke
a
false
doctrine
for
true
according
to
learned
Diuines
,
the
depriuing
either
of
a
temporall
kingdome
,
or
of
the
administration
of
a
temporall
kingdome
,
doth
not
necessarily
follow
Ecclesiasticall
excommunication
,
necessarily
fellow
of
it selfe
,
or
of
it
owne
nature
,
hath
not
sufficient
force
to
depriue
a
of
his
dominion
,
or
of
the
vse
thereof
.
Ecclesiasticall
Censure
,
whereby
one
is
separated
from
the
Ecclesiasticall
communion
of
the
faithfull
,
that
euery
Christian
who
is
excommunicated
,
is
remooued
from
Ecclesiasticall
communion
.
Excommunication
ex
se
,
of
it selfe
,
of
it
owne
nature
,
of
it
owne
nature
But
if
hee
shall
not
heare
the
Church
,
let
him
be
to
thee
as
the
Heathen
,
or
the
Publicane
depriuing
a
of
a
temporall
kingdome
,
or
of
the
administration
thereof
,
doth
not
,
(
according
to
very
learned
Diuines
,
Becanus
)
necessarily
follow
Ecclesiasticall
excommunication
,
hath
not
sufficient
force
to
depriue
a
of
his
dominion
,
or
of
the
vse
thereof
,
ex
se
,
of
it selfe
of
it
owne
nature
If
he
shall
not
heare
the
Church
,
let
him
be
to
thee
as
the
Heathen
,
and
the
Publicane
,
separated
from
the
Church
that
heretikes
by
that
precisely
that
they
are
excommunicated
,
are
not
depriued
of
dominion
,
or
Iurisdiction
either
ouer
their
subiects
,
or
ouer
their
temporall
all
goods
,
but
that
this
depriuation
is
a
distinct
punishment
,
and
imposed
by
a
distinct
law
.
Excommunication
precisely
,
and
per
se
doth
not
depriue
a
man
of
the
dominion
of
temper
all
goods
,
of
kingdomes
,
and
Seigniories
,
separate
one
from
the
Ecclesiasticall
communion
of
the
faithful
,
of
it
owne
nature
Ecclesiasticall
conuersation
Excommunication
precisely
per
se
Doctour
,
doth
in
the
very
place
cited
by
teach
and
proue
against
him
,
that
by
doth
cease
all
externall
Iurisdiction
,
and
all
acts
belonging
thereunto
in
the
persons
excommunicated
;
and
in
subiects
the
obligation
of
fidelitie
although
it
be
confirmed
by
oath
;
and
that
also
the
dominion
of
all
temporall
goods
may
cease
,
if
there
be
particular
mention
made
thereof
,
as
it
is
in
the
excommunication
of
heretikes
,
who
are
depriued
of
all
goods
,
and
of
all
dignity
.
Excommunication
precisely
,
per
se
,
and
of
it
owne
nature
,
Suarez
,
Becanus
de
facto
Pope
Gregorie
by
any
nacessarie
consequence
an
Ecclesiasticall
Censure
,
by
which
one
is
separated
from
the
Ecclesiasticall
communion
,
of
the
faithfull
it
owne
nature
English
Reader
Excommunication
per
se
,
of
it
owne
nature
,
true
definition
If
he
shall
not
heare
the
Church
,
let
him
be
to
thee
as
the
Heathen
and
the
Publicane
,
Minor
Excommunication
owne
nature
Minor
Excommunication
Minor
Excommunication
Maior
Excommunication
greater
Excommunication
greater
Ecclesiasticall
Ecclesiasticall
Excommunication
vnder
the
generall
he
is
separated
,
or
excluded
from
communion
.
But
if
he
will
not
heare
the
Church
,
let
him
be
to
thee
as
the
Heathen
and
the
Publicane
,
separated
from
the
Church
Iuris
lib.
Gregorius
Tholosanus
Ciuill
Lawiers
as
ciuill
Excommunication
precisely
,
and
of
it
owne
nature
spirituall
Excommunication
precisely
,
and
of
it
owne
nature
Ecclesiasticall
Excommunication
Ecclesiasticall
Excommunication
that
when
is
said
to
exclude
from
it
is
necessarily
to
be
vnderstood
of
that
which
dependeth
vpon
the
power
,
and
will
of
the
Church
,
and
ouer
which
she
hath
right
,
power
,
or
authoritie
.
temporall
Princes
temporall
Princes
by
way
of
commandement
With
such
a
one
not
so
much
as
to
take
meate
,
Nor
say
to
him
,
God
saue
you
.
that
the
spirituall
power
of
the
Church
can
not
inflict
any
temporall
punishment
,
as
death
,
exile
,
priuation
of
goods
nay
,
nor
so
much
as
to
imprison
,
but
that
her
power
doth
onely
extend
to
the
inflicting
of
spirituall
punishments
,
as
Excommunication
,
or
some
such
like
spirituall
Censure
,
and
that
all
other
temporall
punishments
,
which
she
vseth
to
inflict
,
doe
proceed
from
the
pure
positiue
law
,
or
,
from
the
graunt
of
Princes
Secular
Princes
temporall
Princes
Ecclesiasticall
Excommunication
Secular
Princes
temporall
Prince
temporall
Prince
of
it
owne
nature
necessary
consequence
temporall
Princes
Imperiall
law
Soueraigne
Prince
the
power
to
command
in
the
and
the
bond
of
obedience
in
the
subiects
are
correlatiues
,
and
one
dependeth
on
the
other
,
and
that
to
deny
obedience
to
a
so
long
as
he
remaineth
is
plainely
repugnant
Bellarmine
,
to
the
law
of
God
concerning
which
the
are
now
at
variance
,
and
as
yet
the
controuersie
is
not
decided
by
the
Iudge
,
Iohn
Trithemius
In
Chron.
ad
an.
God
▪
Soueraigne
Princes
King
Ozias
very
many
Doctours
I
answere
As
heresie
,
which
is
a
spirituall
leprosie
,
is
farre
more
pernicious
,
then
corporall
leprosie
,
so
Excommunication
is
a
punishment
of
a
higher
degree
,
then
the
separating
of
lepers
.
For
Excommunication
doth
not
onely
depriue
of
the
companie
,
and
liuing
together
of
men
in
one
house
,
but
also
of
participation
of
Sacraments
,
and
Suffrages
of
the
Church
.
But
that
Excommunication
besides
doeth
depriue
of
ciuill
administration
,
and
sometimes
hath
annexed
the
depriuation
of
temporall
goods
,
and
also
of
the
kingdome
it selfe
,
doth
not
diminish
,
but
increase
the
greatnes
and
excellencie
of
the
punishment
of
spirituall
leprosie
aboue
the
punishment
of
corporall
leprosie
.
Wherefore
it
is
most
true
,
that
the
thing
figured
is
of
an
higher
degree
then
the
figure
.
And
in
this
manner
the
Eucharist
is
of
an
higher
degree
then
manna
,
or
the
Paschall
lambe
,
because
these
doe
nourish
the
body
,
that
nourisheth
the
soule
,
although
also
those
accidents
of
the
Eucharist
are
profitable
to
the
nourishment
of
the
body
.
Bellarmine
,
Figures
must
of
necessitie
be
of
an
inferiour
order
and
excellencie
,
then
the
things
figured
,
figures
formally
Paschall
lambe
to
fulfill
a
figure
is
not
to
doe
that
very
thing
,
which
the
law
prescribeth
to
bee
done
,
but
to
put
in
place
thereof
some
thing
more
excellent
,
which
to
signifie
that
figure
did
goe
before
,
as
did
not
fulfill
the
figure
of
Circumcision
,
when
he
himselfe
was
circumcised
,
but
when
hee
ordained
in
the
place
thereof
to
fulfill
the
figure
,
and
to
put
in
place
thereof
something
more
excellent
,
but
to
put
that
very
same
thing
,
which
the
law
in
that
figure
prescribed
to
be
done
.
And
all
these
things
chanced
to
them
in
figure
,
[
these
And
all
things
chanced
to
the
Iewes
in
figure
,
Bellarmine
did
not
produce
the
words
,
but
the
sense
of
St.
but
it
is
certaine
that
the
did
not
intend
to
say
,
that
those
things
onely
which
hee
mentioned
in
that
Chapter
did
chance
to
the
Iewes
in
figure
,
but
those
,
and
other
like
to
them
.
The
Apostle
saith
Bellarmine
)
that
all
things
did
chance
to
the
Iewes
in
figure
,
say
,
that
the
Apostle
saith
so
,
that
those
things
onely
,
which
hee
mentioned
in
that
chapter
did
chance
to
the
Iewes
in
figure
,
that
all
these
things
did
chance
to
the
Iewes
in
figure
.
Thirdly
,
S.
Paul
And
all
these
things
chanced
to
them
in
figure
,
And
all
things
chanced
to
them
in
figure
.
that
the
ancient
Fathers
,
and
especially
S.
de
Sacerdotio
doe
teach
,
that
the
iudgement
of
the
in
the
old
law
concerning
corporall
leprosie
was
a
figure
of
the
iudgement
of
the
in
the
new
Testament
concerning
sinnes
.
And
all
these
things
chanced
to
them
in
figure
,
[
these
that
S.
in
many
places
doe
cite
those
words
of
S.
in
that
maner
,
as
Card.
doth
:
&
therefore
C.
cannot
bee
reprehended
for
citing
the
wordes
of
the
not
entirely
,
and
sincerely
,
vnlesse
they
also
with
him
bee
reprehended
.
[
All
these
things
[
these
S.
Augustius
to
haue
in
it
any
graue
thing
,
or
worthy
S.
Augustine
.
S.
Austin
,
S.
Thomas
S.
Paul
S.
Paul
That
all
these
things
did
chance
to
the
Iewes
in
figure
Sabboth
,
Circumcision
S.
Augustine
S.
Paul
S.
Paul
good
Reader
S.
Chrysostome
Theologicall
Disputation
was
so
farre
from
being
supreme
head
ouer
Priests
in
spirituall
matters
,
that
he
was
subiect
to
them
therein
,
and
bound
to
obey
them
no
lesse
then
was
the
meanest
subiect
he
had
.
This
is
manifest
by
the
plaine-words
of
the
Scripture
in
this
place
;
where
the
high
hauing
rebuked
for
his
presumption
,
did
not
onely
command
him
to
depart
,
saying
,
but
also
thrust
him
out
of
the
same
,
as
soone
as
the
leprosie
was
discouered
in
his
forehead
saith
the
Scripture
besides
that
it
is
manifest
in
the
same
place
,
that
God
punished
him
as
well
for
his
disobedience
in
resisting
,
and
threatning
the
as
for
presuming
to
Sacrifice
;
and
therefore
though
he
had
the
Censar
in
his
hand
to
burne
the
incense
,
yet
he
was
not
stroken
with
leprosie
vntill
he
had
threatned
the
sayth
the
Scripture
wherein
was
fulfilled
the
menacing
admonition
that
God
gaue
to
the
people
in
the
as
I
haue
declared
before
,
when
he
commanded
them
exactly
to
obey
the
Priests
of
the
Leuiticall
stocke
,
bidding
them
remember
how
was
punished
with
leprosie
for
murmuring
against
Moreouer
whereas
there
was
a
generall
law
giuen
to
the
people
in
Leuiticus
whereby
all
men
without
exception
were
bound
in
case
of
leprosie
,
to
vnder
goe
and
obey
the
iudgement
of
the
from
the
company
and
conuersation
of
other
men
,
it
is
manifest
by
this
example
,
that
the
Kings
were
no
lesse
subiect
to
this
law
,
and
bound
to
obey
the
Priests
,
then
euery
other
man
;
in
which
respect
was
forced
by
the
sentence
of
the
Priests
(
according
to
the
prescript
of
the
law
)
to
liue
in
a
house
apart
so
long
as
he
liued
.
And
I
can
not
omit
And
they
thrust
him
out
in
all
haste
for
he
himselfe
made
haste
to
goe
out
,
commanding
him
to
goe
out
of
the
Sanctuarie
,
and
not
to
contemne
the
law
of
And
they
resisted
the
King
and
sayd
,
It
is
not
thy
office
to
burne
incense
to
our
but
to
the
Priests
;
goe
out
of
the
Sanctuarie
,
contemne
not
,
because
this
thing
will
not
be
reputed
to
thee
for
glory
by
our
contemned
their
words
,
and
bring
angrie
,
and
holding
in
his
hands
the
Censar
to
burne
incense
,
be
threatned
the
And
foorthwith
there
arose
a
leprosie
in
his
forehead
before
the
in
the
house
of
our
before
the
altar
of
incense
.
And
when
had
beheld
him
,
and
all
the
rest
of
the
they
saw
the
leprosie
in
his
forehead
,
and
in
haste
they
thrust
him
out
,
Yea
and
himselfe
being
sore
afraid
,
made
haste
to
goe
out
,
because
he
felt
forthwith
the
plague
of
our
The
Priests
after
they
perceiued
the
leprosie
in
the
they
admonished
him
,
that
as
a
polluted
,
and
vncleane
person
he
would
goe
out
the
Citie
;
And
he
with
the
shame
of
his
calamitie
obeyed
he
being
sore
afraid
made
haste
to
goe
out
.
And
the
King
went
forth
being
made
an
example
to
all
,
and
the
temple
was
purged
,
and
he
was
cast
foorth
no
man
thrusting
him
foorth
,
and
whereas
he
would
arrogate
to
himselfe
the
Priesthood
,
he
lost
that
which
he
had
and
he
departed
out
of
the
temple
.
S.
Chrysostome
But
King
did
not
obey
his
admonisher
,
but
puffed
vp
with
arrogancis
he
opened
the
temple
,
and
entered
into
the
Sanctuarie
with
intention
to
offer
incense
.
But
what
did
After
the
was
contemned
,
and
the
Priestly
dignitie
troden
vnder
foote
Neither
could
the
Priest
doe
anything
more
,
For
it
is
the
office
of
a
Priest
onely
to
reprooue
,
and
to
giue
a
free
admonition
,
not
to
raise
armes
,
not
to
vse
targets
,
not
to
shake
a
lance
,
not
to
shoote
arrowes
,
not
to
cast
darts
,
but
onely
to
reprooue
and
to
giue
a
free
admonition
)
After
therefore
the
Priest
had
reprooued
,
and
yet
the
King
did
not
yeeld
,
but
tooke
weapons
,
shields
,
and
s●
,
and
vsed
his
power
,
thou
the
Priests
said
to
I
haue
done
that
which
belonged
to
my
office
,
I
can
doe
no
more
,
helpe
thou
the
Priesthood
,
which
is
troden
vnder
foote
,
S.
Chrysostome
The
King
doth
compell
,
or
force
,
the
Priest
exhort
,
the
by
necessity
,
the
by
counsell
,
the
hath
sensible
armour
,
the
spirituall
,
the
maketh
warre
against
Barbarians
,
the
against
Deuills
S.
Chrysostome
Theologicall
Disputation
Dominicus
Bannes
S.
Chrysostome
:
And
I
cannot
omit
also
,
to
touch
heere
by
the
way
,
what
S.
obserueth
further
in
this
example
,
to
wit
,
that
whereas
being
leprous
did
not
onely
dwell
in
the
City
(
though
in
a
house
apart
)
but
also
raigne
still
for
some
yeeres
vntill
he
died
,
he
ought
to
be
cast
both
out
of
the
City
,
and
also
out
of
the
kingdome
;
and
that
almighty
was
so
highly
offended
because
the
same
was
not
performed
,
that
he
withdrew
the
spirit
of
Prophecie
from
and
other
Prophets
,
during
the
life
and
raigne
of
verbis
Isai
So
he
.
And
againe
a
little
after
,
speaking
in
the
person
of
quod
mei
muneris
feci
,
&c
,
that
is
to
say
,
I
haue
strucken
with
leprosie
Thus
saith
S.
vpon
occasion
of
these
words
of
the
Prophet
Esay
,
For
whereas
all
the
Prophets
vsed
to
declare
the
time
,
and
yeere
of
the
reigne
when
they
prophecied
,
S.
noteth
,
that
here
omitted
that
custome
and
did
not
speake
of
the
life
,
and
reigne
in
whose
time
he
had
his
vision
,
but
of
the
death
of
during
whose
reigne
the
spirit
of
prophecy
had
ceased
for
the
causes
before
declared
.
Well
then
heereby
it
appeareth
that
was
offended
,
not
onely
because
was
not
cast
out
of
the
City
,
but
because
hee
was
suffered
still
to
reigne
,
saith
the
holy
Father
that
is
to
say
,
as
he
had
broken
the
law
of
before
in
presuming
to
Sacrifice
,
and
threatning
the
Priests
:
so
also
did
hee
againe
transgresse
,
and
violate
the
same
,
in
retaining
his
kingdome
,
being
leprous
;
and
because
the
same
was
permitted
,
and
more
respect
borne
to
his
Kingly
dignitie
,
then
to
the
execution
of
law
,
therefore
saith
S.
punished
the
whole
state
,
not
permitting
his
Prophets
to
prophecy
,
as
they
were
want
.
Whereupon
I
inferre
,
that
seeing
the
expresse
law
of
ordained
,
that
the
cause
of
leprosie
should
be
iudged
and
determined
wholly
by
the
and
that
was
subiect
to
this
law
,
it
followeth
,
that
as
hee
was
expelled
out
of
the
Temple
by
the
and
forced
by
their
sentence
to
liue
in
a
house
apart
(
though
within
the
City
)
so
ought
hee
also
to
haue
beene
,
by
their
sentence
,
cast
out
both
of
the
and
his
And
if
wee
consider
,
but
onely
that
,
which
was
done
by
the
in
this
case
of
it
cannot
be
denied
,
but
that
they
had
a
iudiciall
power
ouer
his
person
,
seeing
that
they
both
commaunded
him
to
goe
out
of
the
Temple
before
he
was
leprous
,
and
afterwards
thrust
him
out
,
yea
and
confined
him
to
liue
in
a
house
apart
:
for
though
the
doth
not
expresse
that
this
confining
,
and
separation
was
ordained
by
them
,
yet
it
could
not
bee
otherwise
,
seeing
that
the
law
had
ordained
expresly
,
that
euery
leprous
man
should
be
brought
vnto
the
and
that
which
our
Sauiour
himselfe
acknowledged
,
when
hee
remitted
the
leprous
(
whom
hee
cured
)
to
the
Therefore
I
will
conclude
vpon
the
premisses
,
that
forasmuch
the
law
of
assigned
a
soueraigntie
in
iudgement
to
the
and
their
consistorie
,
as
well
in
temporall
,
as
spirituall
causes
,
and
to
that
end
honoured
them
with
a
particular
,
and
most
excellent
priuiledge
of
infallibility
in
their
doctrine
,
and
iudiciall
sentences
(
as
I
haue
See
before
nu.
amply
prooued
)
and
seeing
that
the
of
the
old
Testament
were
not
any
way
exempt
from
the
law
(
as
appeareth
no
lesse
by
diuers
reasons
alledged
by
me
before
,
then
by
these
two
last
examples
of
&
seq
it
followeth
euidently
,
that
they
were
not
supreme
heads
of
the
but
subiect
to
them
,
and
to
their
tribunall
;
and
consequently
,
that
if
an
Oath
had
beene
proposed
by
any
of
these
to
his
subiects
,
whereby
they
should
haue
sworne
,
that
he
was
free
from
all
subiection
,
and
temporall
chastisement
of
the
this
oath
must
needes
haue
beene
repugnant
to
the
law
of
in
the
old
Testament
.
Thus
farre
I
haue
thought
good
to
lay
downe
the
words
of
my
touching
the
law
of
in
the
old
Testament
,
&c.
English
Disputation
Fitzherbert
Reply
S.
Chrysostome
,
Consedit
in
throno
legem
.
Dei
ri●sus
transgrediens
,
He
sate
in
his
throne
transgressing
againe
the
law
of
God
.
and
you
are
afraid
to
cast
him
being
vncleane
out
of
the
City
,
you
beare
reuerence
to
his
Kingly
dignitie
violating
the
law
of
God
I
doe
therefore
speake
no
longer
to
the
Prophets
S.
Chrysostome
si
vnum
quiddam
adhuc
addidero
&c.
But
if
I
shall
adde
yet
one
other
thing
,
I
will
make
an
end
of
my
speach
.
And
what
is
this
?
That
which
not
long
agoe
from
the
beginning
we
did
demaund
.
What
is
the
cruse
that
seeing
in
externall
things
,
and
in
prophecies
all
are
went
to
set
downe
the
time
,
wherein
the
Kings
did
liue
,
this
ommiting
that
,
expresseth
the
time
wherein
King
dyed
,
speaking
in
this
manner
:
And
yet
he
might
haue
expressed
the
time
of
the
King
then
reigning
,
as
all
Prophets
vsually
did
.
But
he
did
not
so
.
For
what
cause
did
he
not
so
?
It
was
an
ancient
custome
to
expell
a
leprous
out
of
the
Citty
,
both
to
the
end
that
those
who
liued
in
the
Citty
,
might
be
in
better
health
,
and
that
the
leprous
should
not
giue
to
men
,
prone
to
vse
reprochfull
words
,
an
occasion
of
scoffing
and
derision
,
but
that
he
abyding
out
of
the
City
,
might
haue
solitarines
in
steede
of
a
vaile
,
or
couer
against
reprochfull
calamitie
.
And
this
ought
this
to
haue
suffered
after
his
leprosie
,
but
he
did
not
suffer
it
,
those
that
were
in
the
City
reuerencing
him
for
his
Soueraignitie
,
but
he
remained
at
his
house
secretly
.
to
wrath
,
this
hindered
the
prophecie
&c.
S.
Chrysostome
S.
Chrysostome
S.
Chrysostome
,
He
sate
in
his
throne
breaking
againe
the
law
of
God
,
S.
Chrysostome
,
Sedebat
to
thr●●●
He
sate
still
in
his
throne
breaking
againe
the
law
of
God
,
He
sate
still
in
his
throne
,
in
this
sense
,
[
still
S.
Chrysostome
that
he
sate
in
his
throne
,
breaking
againe
the
law
of
God
,
S.
Chrysostome
[
throne
Card.
Bellarmine
Card.
Bellarmine
S.
Chrysostome
Iosephus
,
as
a
most
skillfull
Historiographer
of
the
Iewes
,
that
it
is
likely
he
know
all
the
particular
facts
of
those
Kings
,
the
plague
of
leprosie
was
perpetuall
,
and
then
the
leper
remained
vntill
his
.
death
out
of
the
Campe
separated
from
the
rest
,
and
this
was
,
vnlesse
perchance
he
was
a
man
of
great
excellencie
,
as
the
who
if
he
fell
into
leprosie
,
did
not
goe
out
of
the
campe
,
but
remained
therein
,
but
he
was
in
a
certaine
separate
house
,
as
we
reade
who
there
is
called
for
he
fell
into
leprosie
being
stiken
by
in
the
forehead
,
because
he
would
burne
incense
to
our
Lord
as
Priests
,
where
it
is
said
,
our
Lord
stroke
the
and
he
was
a
leper
vntill
the
day
of
his
death
,
and
he
dwelt
in
a
free
house
apart
,
but
the
Kings
sonne
gouerned
the
Palace
and
iudged
the
people
of
the
Land
.
free
house
a
part
And
our
Lord
spake
to
saying
,
Command
the
children
of
Israel
,
that
they
cast
out
of
the
campe
euery
leper
.
High
Priests
[
&
ad
arbitrium
illius
separabitur
,
and
he
shall
be
separated
at
his
arbitrement
,
or
iudgement
]
Command
the
children
of
Israel
that
they
cast
out
of
the
Campe
euery
leper
:
high
Priest
old
Testament
old
Testament
whatsoeuer
thou
shalt
loose
feed
my
sheepe
D.
Schulckenius
Reply
Apostle
1.
Fitzherberts
fraude
that
the
Priesthood
of
the
old
Testament
had
a
supreme
and
soueraigne
authority
to
create
,
punish
,
and
depose
Kings
,
that
the
like
authoritie
must
needes
be
acknowledged
in
the
Priesthood
of
the
new
law
,
not
for
that
he
think
th
,
that
we
are
now
bound
to
retaine
the
ceremoniall
or
iudiciall
thereof
,
but
to
deduce
a
potent
argument
from
thence
,
as
from
the
figure
to
the
veritie
,
to
proue
that
the
like
authoritie
must
needes
be
acknowledged
in
the
Priesthood
,
and
especially
in
the
chiefe
Priest
in
the
law
of
Christ
.
two
positions
potent
argument
that
the
old
law
,
and
Testament
being
but
a
figure
,
and
a
shadow
of
the
new
,
was
no
lesse
inferiour
there
to
in
authoritie
,
dignitie
,
and
perfection
,
then
the
dead
,
and
killing
letter
to
the
quickning
spirit
,
or
the
to
the
of
Melchisedech
,
which
was
Christs
Priesthood
vetus
Testamentum
promissiones
habet
terrenas
The
old
Testament
hath
earthly
promises
,
an
earthly
Palestine
,
an
earthly
Hierusalem
,
an
earthly
saluation
,
to
wit
,
conquest
of
enemies
,
aboundance
of
children
,
fertilitie
of
soyle
,
and
plentie
of
fruites
;
all
these
things
are
earthly
promises
,
and
it
is
to
be
vnderstood
spiritually
in
figure
,
how
the
earthly
Hierusalem
was
a
shadow
of
the
heauenly
Hierusalem
,
and
the
earthly
kingdome
of
the
heauenly
kingdome
.
S.
Austin
.
;
and
thereupon
concludeth
,
that
if
the
olde
Testament
was
a
shadow
of
the
new
,
it
is
no
meruaile
though
there
were
darkenesse
there
,
for
thicker
shadowes
are
darkenesse
.
Thus
argueth
S.
proouing
the
imperfection
of
the
old
law
in
respect
of
the
new
,
which
the
also
proueth
amply
in
the
Epistle
to
the
saying
,
that
the
old
law
was
abolished
for
the
infirmitie
,
and
invtilitie
of
it
.
for
the
law
brought
nothing
to
perfection
.
that
the
defects
of
the
old
law
,
and
Synagogue
of
the
can
not
serue
for
a
president
to
the
new
law
,
and
the
Church
of
and
therefore
though
the
in
the
olde
Testament
should
haue
had
authoritie
ouer
yet
it
would
not
follow
,
that
Christian
should
haue
the
like
,
for
that
the
defects
and
imperfections
of
the
Synagogue
,
(
which
S.
were
not
to
be
transferred
to
the
Church
of
which
is
called
euery
where
in
the
Scripture
the
kingdome
of
heauen
,
though
on
the
other
side
the
consequent
must
needs
be
good
,
that
what
excellencie
,
dignitie
or
perfection
soeuer
was
in
the
Synagogue
,
the
same
must
needs
be
farre
more
eminent
and
excellent
in
the
Church
of
as
the
taught
expressely
arguing
thus
Thus
argueth
S.
the
supereminent
dignitie
and
glorie
of
by
the
great
and
eminent
glorie
of
the
whereto
tendeth
also
his
argument
to
the
concerning
the
imperfection
and
infirmitie
of
the
in
regard
of
the
most
excellent
and
high
perfection
of
the
of
Christ
Whereupon
it
followeth
euidently
that
seeing
the
of
the
olde
Testament
had
such
a
supreme
and
soueraigne
authoritie
to
create
,
anoynt
,
punish
and
depose
(
as
appeareth
in
the
former
examples
)
the
in
the
new
can
not
haue
lesse
power
and
authoritie
,
for
it
can
not
be
with
reason
imagined
,
that
hauing
taken
vpon
him
our
humanitie
,
and
honoured
the
same
with
a
peculiar
and
mere
excellent
then
that
of
yea
ordained
a
visible
succession
of
Pastours
and
Priests
for
the
gouernment
of
his
Church
to
continue
(
as
the
Apostle
witnesseth
)
commanding
also
,
that
they
should
be
heard
and
obeyed
as
himselfe
;
it
were
,
I
say
against
reason
to
thinke
,
that
he
would
giue
lesse
honour
and
priuiledge
to
these
his
owne
substitute
in
his
owne
kingdome
,
then
he
gaue
to
the
successours
of
in
the
olde
law
,
whereby
the
shadow
would
be
more
worthie
and
perfect
,
then
the
bodie
,
the
figure
then
the
veritie
,
the
Leuiticall
or
Aaronicall
Priesthood
,
then
the
Priesthood
of
and
finally
the
Iewish
Synagogue
then
owne
spouse
,
and
mysticall
body
,
which
is
his
Church
,
of
the
glorie
&
maiesty
whereof
the
Prophet
foretold
speaking
in
the
person
of
saith
he
Thus
promised
almighty
by
his
Prophet
,
to
raise
and
aduance
the
aboue
the
power
of
all
Nations
,
and
kingdomes
,
insomuch
that
hee
threatned
ruine
and
destruction
vnto
them
,
Matth.
18.
if
they
did
not
serue
her
;
whereby
it
maye
easily
be
iudged
,
what
an
excellent
,
and
eminent
power
our
gaue
to
S.
and
his
Successours
,
when
he
not
onely
promised
to
build
his
vpon
him
,
as
vpon
a
rocke
,
and
that
the
gates
of
hell
should
not
preuaile
against
it
,
but
also
gaue
him
such
ample
authority
to
binde
and
loose
,
that
whatsoeuer
he
should
binde
,
or
loose
on
earth
,
should
be
bound
and
loosed
in
heauen
,
yea
and
finally
made
him
supreme
of
his
flocke
,
commanding
him
thrice
to
feede
his
sheepe
,
and
lambes
,
that
is
to
say
,
to
gouerne
those
,
that
should
any
way
pertaine
to
his
fold
the
Catholike
Church
.
Thus
said
I
in
my
Whereby
it
may
appeare
,
that
the
power
to
chastice
temporally
,
is
most
conforme
to
the
law
of
not
onely
in
the
old
Testament
,
but
also
in
the
new
,
according
to
Saint
before
mentioned
,
drawne
from
the
figure
to
the
veritie
.
And
therefore
now
to
declare
how
I
prooued
the
same
further
by
the
new
law
,
good
Reader
first
position
a
shadow
that
all
things
for
the
most
part
chanced
to
the
Iewes
in
figure
,
nihil
as
perfectum
adduxit
lex
,
The
law
brought
nothing
to
perfection
.
second
position
the
law
brought
nothing
to
perfection
,
this
were
not
to
fulfill
the
figure
,
the
figure
to
fulfill
the
figure
is
not
to
doe
that
very
thing
which
the
law
prescribeth
to
be
done
,
but
to
put
in
place
thereof
some
thing
more
excellent
,
which
to
signifie
that
figure
did
goe
before
,
as
did
not
fulfill
the
figure
of
Circumcision
,
when
hee
was
circumcised
himselfe
,
but
when
hee
ordained
Baptisme
in
place
thereof
a
potent
argument
figure
,
Christ
new
Law
old
,
heauenly
new
Testament
chiefe
Pastour
And
therefore
now
to
declare
how
I
proued
the
same
further
by
the
new
law
,
it
is
to
bee
vnderstood
,
in
Ioan.
that
I
vrged
to
that
end
the
commission
giuen
by
our
not
onely
to
binde
,
and
loose
,
but
also
to
shewing
by
many
texts
of
Scripture
,
as
also
by
the
authoritie
of
is
taken
for
whereupon
I
drew
certaine
necessarie
consequents
in
those
words
,
&c.
bind
and
loose
for
that
by
those
words
was
onely
promised
to
S.
Bellarmine
,
not
giuen
the
power
to
binde
,
and
loose
,
and
the
keyes
of
the
kingdome
,
which
keyes
hee
as
the
principall
,
and
ordinarie
Prefect
,
Prelate
,
or
Gouernour
then
onely
receiued
when
he
heard
,
Peter
whatsoeuer
thou
shalt
bind
,
&c.
Apostles
,
what
things
soeuer
you
shall
binde
,
&c.
prioritie
,
principalitie
,
primacie
Tibi
dabo
claues
,
&c.
I
will
giue
thee
the
keyes
,
&c.
16.
Euseb.
Emis.
2.
Hieron
108.
Leo
24.
Beda
16.
Euthym.
2.
●yra
16
Walden
138.
Cusanus
whatsoeuer
thou
shalt
bind
,
&c.
of
spirituall
When
it
was
said
to
S.
Augustine
,
I
will
giue
thee
the
keyes
,
and
whatsoeuer
thou
shalt
bind
,
&c.
he
signified
the
vniuersall
Church
.
The
rocke
is
not
from
from
the
rocke
:
vpon
this
rocke
,
which
thou
hast
confessed
,
I
will
build
my
Church
.
The
Church
therefore
,
which
is
founded
on
receiueth
from
the
keyes
of
the
kingdome
of
heauen
,
that
is
power
to
binde
,
and
loose
sinnes
.
the
first
of
the
Apostles
receiued
the
keyes
of
the
kingdome
of
heauen
to
bind
,
and
loose
sinnes
.
Ambrose
,
S.
Chrysostome
,
S.
Fulgentius
,
in
Mat.
de
considerat
Iust.
Monast
Iust.
de
casto
connub
.
verbi
,
&
animae
.
c.
Eusebius
Emissen
.
Theophylact
,
S.
Bernard
,
Hugo
de
S.
Victore
,
Laurentius
Iustinanus
,
Pope
Gregorie
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
,
In
the
Excommunication
of
in
the
eight
held
by
him
in
the
yeere
in
c.
in
l.
de
vita
solitar.
c.
Pascere
,
to
feede
Regere
,
to
gouerne
Iohn
.
Christ
Theophylact
,
doeth
not
make
a
Lord
,
nor
a
nor
a
but
commandeth
him
to
be
a
Sheepheard
.
whatsoeuer
thou
shalt
bind
,
&c.
Feede
my
sheepe
S.
Peter
S.
Peter
S.
Basill
,
And
this
wee
are
taught
by
himselfe
,
who
appointed
the
Pastour
of
his
Church
after
him
.
For
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
,
which
sheepe
,
and
which
flocke
,
not
only
blessed
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
,
S.
Augustine
,
among
all
the
Apostles
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
and
when
it
is
said
to
him
,
it
is
said
to
all
,
Let
Bishops
,
and
Preachers
of
the
word
heare
,
Theophylact
,
what
is
commended
to
them
,
in
c.
in
fine
.
Edit
Certaine
things
Bellarmine
,
are
said
to
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.
D.
Schulckenius
S.
Peter
,
Whatsoeuer
thou
shalt
bind
Feede
my
sheepe
.
For
as
much
,
at
there
can
be
no
good
gouernment
of
men
without
chastisement
(
when
iust
occasion
requireth
)
it
followeth
that
giuing
the
gouernment
of
his
Church
to
S.
(
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
are
sheepe
of
fould
,
and
to
be
gouerned
and
guided
by
their
supreme
they
cannot
exempt
themselues
from
his
iust
chastisement
,
when
their
owne
demerites
,
and
the
publike
good
of
the
shall
require
it
.
And
this
,
I
say
,
not
onely
of
spirituall
,
but
also
of
temporall
and
corporall
correction
.
S.
Peter
I
say
I
say
;
For
if
bad
Princes
,
could
not
be
temporally
chastised
by
their
Pastour
,
when
they
contemne
the
spirituall
rod
of
Ecclesiasticall
Censures
(
as
wicked
Princes
commonly
doe
)
had
not
sufficiently
prouided
for
the
gouernment
of
the
Church
.
Kings
,
Princes
Bellarmines
second
But
this
may
yet
be
more
euident
,
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
who
so
long
as
they
remaine
obedient
and
dutifull
to
the
Church
,
are
(
as
the
calleth
them
)
her
that
is
to
say
or
,
as
it
were
,
her
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
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
?
Augustine
,
then
to
be
stricken
with
the
sword
,
to
be
consumed
by
fire
,
or
to
be
exposed
to
the
deuouring
of
wild
beasts
,
are
proper
to
the
souldiers
of
Christ
Ioan.
Paris
14.
Almain
2.
Bell.
Ioannes
Parisiensis
,
Iacobus
Almaine
,
and
very
many
Doctours
,
I
answere
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
m●n
,
but
vpon
the
protection
of
God
,
who
is
her
King
.
Therefore
although
the
Church
hath
not
power
to
depose
the
yet
she
may
and
ought
to
pray
humbly
to
that
he
will
bring
some
remedie
.
And
it
is
certaine
,
that
will
haue
a
care
of
her
safetie
,
who
will
either
conuert
such
a
or
else
take
him
out
of
the
way
,
before
he
destroy
the
Church
.
that
therefore
Christ
our
Sauiour
hath
not
sufficiently
prouided
for
the
gouernment
of
his
Church
.
I
answere
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
favouring
heretikes
,
and
contemning
Excommunication
,
are
to
be
depriued
of
their
dominions
by
the
Sea
and
one
man
doth
freely
contradict
and
affirme
,
that
the
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
unto
one
,
I
know
not
whom
,
who
lying
hid
vnder
another
mans
name
lasheth
out
words
?
Card.
Bellarmine
the
nature
of
euery
perfect
,
and
well
instituted
Common-wealth
,
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
punishments
,
and
to
depose
temporall
Princes
,
for
that
this
authoritie
is
necessary
to
her
spirituall
end
,
which
is
the
saluation
of
soules
,
because
otherwise
wicked
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
.
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
.
Councell
of
Lateran
Councell
of
Lateran
Councell
of
Lateran
Lateran
Councell
Councell
of
Lateran
freely
contradict
freely
contradict
&
seq
most
Doctours
the
Ecclesiasticall
power
cannot
by
the
institution
of
Christ
inflict
any
temporall
or
ciuill
punishment
,
as
death
,
exile
,
priuation
of
goods
,
&c.
Yea
nor
so
much
as
to
imprison
.
Onely
Widdrington
,
or
ely
Widdrington
,
onely
Barclay
,
onely
Barclay
,
doe
oppose
themselues
against
all
Catholikes
.
My
Aduersarie
abuseth
words
,
when
he
affirmeth
to
be
temporall
armour
,
or
weapons
.
F.
who
euer
heard
,
that
are
armour
,
or
weapons
?
They
are
effects
of
armour
or
weapons
,
but
they
themselues
are
not
armour
,
or
weapons
.
Ecclesiasticall
Censures
spirituall
armour
Ecclesiasticall
Censures
spirituall
sword
Ecclesiasticall
power
386.
387.
spirituall
sword
interposition
of
the
earth
betwixt
the
body
of
they
Sunne
,
and
of
the
Moone
,
And
thy
owne
soule
a
sword
shall
pearce
.
For
otherwise
,
how
is
that
,
fulfilled
,
which
the
said
of
the
most
ample
power
,
that
he
,
and
other
Apostles
had
to
destroy
and
all
extolling
it selfe
against
the
knowledge
of
God
;
yea
and
to
Which
words
S.
vnderstandeth
of
the
authoritie
left
by
our
Sauiour
to
his
to
compell
her
rebellious
,
and
disobedient
children
to
performe
their
duties
:
and
the
same
is
also
acknowledged
by
some
of
our
principall
who
not
only
expoundeth
this
place
of
the
coercitiue
,
and
coactiue
power
that
is
in
the
Church
,
but
also
groundeth
the
same
vpon
the
words
of
our
Sauiour
to
his
Apostles
.
Whereupon
I
inferre
,
that
if
the
Ecclesiasticall
authoritie
d●d
not
extend
it selfe
to
the
chasticement
of
disobedient
Princes
in
their
temporall
states
,
the
Church
should
not
haue
the
power
whereof
S.
speaketh
,
that
is
seeing
that
the
disobedience
of
absolute
Princes
to
Ecclesiasticall
Censures
should
be
incorrigible
,
and
remedilesse
.
Whereupon
it
would
also
follow
,
that
the
authoritie
,
and
power
of
the
Church
should
be
no
better
in
effect
then
a
cobweb
,
which
holdeth
only
the
little
flies
,
and
serueth
to
no
purpose
against
the
great
ones
,
sufficing
to
correct
all
inferiour
persons
,
and
to
preuent
,
and
remedy
all
the
inconueniences
that
may
grow
from
them
,
but
not
to
redresse
the
most
dangerous
,
and
pernicious
disobedience
,
that
may
be
the
rebellion
of
against
the
from
whence
the
greatest
danger
,
and
damage
to
soules
may
,
and
commonly
doth
arise
;
if
this
then
should
be
without
remedie
,
it
must
needes
follow
(
as
I
haue
said
)
that
hath
not
sufficiently
prouided
for
the
gouernment
of
his
Church
,
yea
much
worse
then
temporall
are
wont
to
prouide
for
the
administration
of
the
Prouinces
,
or
States
subiect
to
them
;
who
when
they
appoint
Lieutenants
,
or
Deputies
any
where
,
doe
giue
them
authoritie
ouer
all
sorts
of
subiects
,
and
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
.
Therefore
it
must
needes
be
granted
,
that
our
Sauiour
ordaining
a
gouernment
in
his
gaue
to
the
Gouernours
thereof
sufficient
power
and
iurisdiction
to
redresse
all
kind
of
inconueniences
in
all
sorts
of
subiects
,
as
well
the
highest
,
as
the
lowest
,
and
when
spirituall
correction
will
not
suffice
,
then
to
chastice
them
also
in
their
temporalities
,
so
farre
forth
,
as
shall
be
necessarie
for
the
publike
good
of
the
and
for
the
due
execution
of
their
office
,
and
charge
.
For
as
the
Lawler
saith
,
and
this
is
also
conforme
to
the
axiome
of
the
Philosophers
,
he
which
giueth
being
,
giueth
also
those
things
,
that
are
consequents
thereof
,
or
necessarily
required
thereto
.
to
reuenge
hee
did
one
time
cure
a
lame
man
,
hee
raised
one
from
death
to
life
he
punished
the
Magician
with
depriuing
him
of
his
sight
.
For
we
Paul
,
doe
not
warre
,
or
fight
according
to
the
flesh
.
For
the
weapons
of
our
warfare
are
not
carnall
but
spirituall
and
mighty
to
God
our
King
,
for
whom
we
warre
,
or
fight
.
For
we
doe
not
beare
a
materiall
lance
,
or
sword
,
but
we
doe
more
mightily
ouerthrow
our
enemies
with
the
word
,
then
others
doe
with
carnall
weapons
.
For
our
weapons
are
the
word
of
preaching
,
wisdome
,
miracles
,
charitie
,
and
other
vertues
&c.
might
,
force
effectuall
meanes
Our
weapons
are
mighty
to
God
to
destroy
munitions
,
that
is
,
secular
doctrines
,
arguments
,
and
subtilities
,
by
which
peruerse
men
doe
strengthen
their
hearts
,
that
the
word
of
truth
may
not
be
able
to
touch
them
,
because
the
art
of
Apostolicall
preaching
doth
mightily
pearce
,
and
ouerthrow
through
the
vertue
of
spirituall
grace
these
kind
of
munitions
.
And
we
haue
also
in
that
is
in
manifest
,
and
speedy
effect
,
that
is
,
to
punish
the
offences
of
them
,
who
would
not
obey
vs
,
that
they
might
correct
themselues
:
that
is
,
when
all
the
rest
of
you
shall
by
loue
be
obedient
in
all
things
.
authoritie
,
power
,
might
effectuall
meanes
to
reuenge
all
disobedience
,
when
your
obedience
shall
be
fulfilled
,
It
is
manifest
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
.
But
S.
Fitzherbert
,
vnderstandeth
those
words
of
the
Apostle
of
the
authoritie
left
by
our
Sauiour
to
his
Church
to
compell
her
rebellious
and
disobedient
children
to
performe
their
duties
.
Christian
Emperours
Christian
Emperours
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
against
the
enemies
of
the
faith
,
so
that
it
be
done
with
an
intention
to
correct
,
and
not
with
a
desire
to
reuenge
:
that
S.
sheweth
with
what
moderation
heritickes
may
through
feare
of
be
reduced
to
the
communion
of
the
Church
.
At
the
same
time
I
wrote
also
a
booke
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
.
good
Reader
Apostle
to
prooue
the
authority
left
by
our
Sauiour
to
his
Church
,
to
compell
her
rebellious
,
&
disobedient
children
by
force
of
temporall
punishments
to
performe
their
duties
,
Emperiall
lawes
Emperiall
lawes
Christian
Princes
But
if
the
Ecclesiasticall
authority
did
not
extend
it selfe
to
the
chastisement
of
disobedient
in
their
temporal
states
,
it
must
needs
follow
that
had
not
sufficiently
prouided
for
the
gouernment
of
his
Church
,
yea
much
worse
then
temporall
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
,
might
,
force
power
,
might
effectuall
meanes
nam
arma
militiae
nostrae
non
carnalia
sunt
,
for
the
weapons
or
armour
of
our
warfare
are
not
carnall
,
&c.
ancient
Fathers
generall
practise
of
the
cobweb
,
which
holdeth
onely
the
little
flyes
,
and
serueth
to
no
purpose
against
the
great
ones
,
&c.
more
horrible
S.
Augustine
,
then
any
corporall
death
,
Cui
iurisdictio
data
est
,
&c.
To
whom
iurisdiction
is
giuen
those
things
also
doe
seeme
to
bee
granted
without
which
the
iurisdiction
could
not
be
explicated
Qui
dat
esse
,
&c.
Hee
that
giueth
being
,
giueth
also
those
things
that
are
consequent
to
being
,
Chapter
.
Thus
then
thou
seest
,
good
Reader
,
how
I
prooued
in
my
by
the
law
of
that
the
hath
power
to
chastise
Princes
in
their
temporall
states
,
and
dignities
,
when
the
necessitie
of
the
Church
shall
require
it
;
which
I
also
prosecuted
further
there
,
inferring
the
power
ouer
the
bodies
,
and
temporall
goods
of
Christians
by
the
power
he
hath
ouer
the
soule
,
according
to
the
two
axiomes
,
which
I
haue
amply
d●bated
before
with
my
Aduersarie
in
the
second
,
and
third
chapters
,
hauing
also
laide
downe
there
the
words
of
my
Supplement
touching
the
same
,
and
therefore
I
thinke
it
needelesse
to
repeate
them
heere
.
Now
then
I
remit
it
,
good
Reader
,
to
thy
iudgement
,
whether
my
Aduersarie
hath
not
notably
abused
me
in
two
things
,
the
one
in
affirming
(
as
you
haue
heard
before
in
the
first
Chapter
)
that
I
grounded
all
my
discourse
against
the
Oath
in
my
See
Chapter
vpon
a
bare
supposition
,
that
the
spirituall
authoritie
is
abiured
therein
;
and
the
other
that
I
haue
effectually
prooued
nothing
else
by
the
law
of
but
that
(
for
so
you
haue
heard
him
say
in
the
beginning
of
this
chap.
)
though
it
be
euident
by
the
premisses
,
that
I
haue
grounded
my
arguments
against
the
oath
(
not
vpon
any
such
supposition
,
as
he
mentioneth
)
but
vpon
the
very
substance
of
the
law
of
God
in
the
old
,
and
new
Testament
,
and
that
I
haue
deduced
from
thence
by
most
pregnant
reasons
,
and
necessarie
consequents
,
that
the
hath
power
to
proceede
to
the
temporall
correction
of
when
the
spirituall
will
not
suffice
and
the
necessitie
of
the
Church
doth
require
it
.
Whereupon
it
followeth
euidently
,
that
the
new
which
impugneth
this
power
of
the
is
repugnant
to
the
law
of
So
that
,
you
see
,
how
probable
my
Aduersarie
answeres
are
,
or
rather
how
fraudulent
seeing
that
he
dissembleth
all
the
substance
,
and
pith
of
my
arguments
,
abusing
therein
his
Reader
,
no
lesse
then
mee
,
seeking
to
breede
in
him
a
false
conceit
of
the
substance
,
and
effect
of
my
discourse
,
and
then
framing
his
answere
,
according
to
his
owne
forgerie
.
So
as
,
in
fine
,
he
answereth
nothing
of
mine
,
but
his
owne
vaine
conceits
,
as
it
will
also
further
appeare
by
that
,
which
resteth
to
be
debated
betwixt
vs
,
concerning
the
Lawes
of
Nature
,
and
Nations
.
good
Reader
Hee
that
may
doe
the
greater
,
may
doe
the
lesse
,
The
accessorie
followeth
the
nature
of
the
principall
,
good
Reader
first
Chapter
first
of
all
necessarie
consequent
new
Oath
Nature
.
Thirdly
MY
Aduersarie
who
is
so
bold
,
as
is
blind
Bayard
.
Religious
Priests
temporall
Princes
It
is
euident
by
the
light
of
naturall
reason
,
that
in
all
things
,
wherein
there
is
any
naturall
composition
or
combination
,
there
is
a
due
subordination
and
subiection
of
that
which
is
lesse
perfect
to
the
more
perfect
,
and
of
the
inferiour
to
the
Superiour
,
as
of
the
meanes
to
the
end
,
which
is
euident
in
the
Hierarchies
of
Angels
,
in
the
Orbes
or
Spheres
,
in
the
Elements
,
in
the
Powers
of
the
soule
,
in
the
Sciences
;
and
(
to
omit
other
examples
in
all
naturall
Societies
of
Families
,
Common-wealths
and
Kingdomes
,
in
which
there
is
a
superioritie
,
and
subiection
,
the
lesse
perfect
being
inferiour
and
subordinate
to
the
more
perfect
,
whereby
nature
giueth
to
euery
thing
the
perfection
,
which
is
conuenient
for
it
,
according
to
the
kind
,
degree
and
qualitie
thereof
,
wherein
we
see
,
nature
tendeth
still
to
greater
perfection
,
passing
,
and
,
as
it
were
,
mouing
by
degrees
from
the
lowest
,
and
and
most
imperfect
creature
to
man
,
from
man
to
Angels
,
and
from
them
to
Almightie
who
,
as
he
is
the
Creatour
of
all
,
so
also
he
is
the
end
,
consummation
and
perfection
of
all
,
yea
perfection
it selfe
,
by
whom
and
in
whom
all
naturall
things
are
consummated
and
perfected
.
in
abstracto
God
.
Lastly
Almightie
God
This
being
so
it
is
to
be
considered
,
that
seeing
in
all
common-wealths
(
I
speake
of
such
as
are
Christian
)
there
is
a
composition
and
combination
of
diuers
Societies
,
all
tending
to
the
perfection
of
mans
nature
,
as
of
husband
and
wife
,
maister
and
seruant
,
Prince
and
subiect
(
of
all
which
resulteth
the
ciuill
Societie
:
)
and
againe
,
seeing
that
in
this
ciuill
Societie
or
Common-wealth
there
is
an
Ecclesiasticall
Societie
euident
and
distinct
in
it selfe
,
by
different
Magistrates
and
lawes
,
whereby
the
ciuill
Societie
is
vnited
with
the
Celestiall
and
heauenly
Hierarchies
,
and
the
members
thereof
made
yea
vnited
with
himselfe
,
and
consequently
made
as
perfect
and
happie
as
man
can
be
in
this
life
,
it
must
needs
follow
that
as
the
Societie
of
the
husband
and
the
wife
,
and
of
the
maister
and
the
seruant
are
ordained
for
the
familie
,
and
againe
the
family
for
the
towne
and
citie
,
and
the
citie
for
the
whole
common-wealth
,
euery
one
of
them
tending
to
a
superiour
and
more
perfect
Societie
;
so
in
like
manner
the
common-wealth
it selfe
with
all
her
inferiour
Societies
are
naturally
ordained
for
the
religious
,
and
Ecclesiasticall
Societie
,
that
is
to
say
,
the
tending
thereto
as
to
the
supreme
,
and
most
perfect
Societie
that
is
on
earth
,
whereby
it
,
and
all
other
Societies
are
perfected
,
and
humane
nature
finally
aduanced
to
that
supernaturall
end
,
and
felicitie
,
whereto
hath
ordained
it
.
And
this
I
suppose
is
so
euident
in
reason
,
that
no
man
will
deny
it
;
Whereupon
it
is
also
further
to
be
inferred
,
Good
Syr
It
must
neede
follow
,
that
as
the
Society
of
the
husband
,
and
the
wife
,
and
of
the
master
,
and
the
seruant
are
ordained
for
the
family
,
and
againe
the
family
for
the
Towne
,
and
Citie
;
and
the
Citie
for
the
whole
Common-wealth
:
So
in
like
manner
the
Common-wealth
it selfe
with
all
her
inferiour
Societies
,
are
naturally
ordained
for
the
Religious
,
or
Ecclesiasticall
Societie
,
that
is
to
say
,
the
Church
supreme
spirituall
Pastour
temporall
Princes
Physicke
,
Yorke
temporall
Prince
spirituall
Pastours
spirituall
Pastours
temporall
Prince
temporall
Prince
spirituall
Pastours
temporall
Prince
Fitzherbert
,
forsooth
Second
part
it
is
also
further
to
be
inferred
,
that
as
all
Common-wealths
are
subordinate
,
and
subiect
to
the
so
also
the
heads
of
them
all
(
I
meane
the
that
gouerne
them
)
are
subordinate
,
and
subiect
to
the
head
of
the
For
,
although
they
be
absolute
heads
of
the
States
which
they
gouerne
in
things
pertaining
only
to
their
temporall
States
,
yet
they
are
but
members
of
the
mysticall
body
of
Christ
,
which
is
the
and
therefore
no
lesse
subiect
to
the
visible
head
thereof
,
in
matters
belonging
thereto
,
then
their
owne
proper
Vassalls
are
subiect
to
them
:
and
therefore
as
the
or
Ciuill
Magistrate
iustly
correcteth
the
head
of
any
familie
,
when
he
passeth
the
limits
,
and
bounds
of
true
Oeconomie
,
to
the
h●rt
of
the
Common-wealth
(
though
neuerthelesse
a
familie
is
a
distinct
Societie
from
a
Common-wealth
,
hauing
a
peculiar
end
,
with
different
lawes
,
and
manner
of
gouernment
)
so
the
head
of
the
may
correct
any
or
Ciuill
Magistrate
,
when
he
doth
any
thing
to
the
preiudice
of
the
For
although
the
spirituall
or
Magistrate
haue
no
dominion
ouer
temporall
States
,
and
the
Gouernours
thereof
in
matters
appertaining
only
,
and
meerely
to
State
(
no
more
then
the
hath
to
doe
with
priuate
families
in
matters
that
belong
only
thereto
)
yet
as
the
may
giue
lawes
to
a
familie
,
or
to
the
head
thereof
,
when
the
necessitie
of
the
Common-wealth
shall
require
it
;
so
also
the
or
head
of
the
may
giue
lawes
to
temporall
Common-wealths
,
and
the
Gouernour
thereof
,
according
to
the
vrgent
necessitie
of
the
Church
;
the
publike
good
whereof
is
to
be
preferred
before
the
particular
good
of
any
temporall
or
Common-wealth
,
by
the
same
reason
,
and
law
of
Nature
,
that
the
good
of
the
soule
is
to
be
preferred
before
the
good
of
the
body
,
spirituall
good
before
temporall
,
heauen
before
earth
,
and
the
seruice
of
before
the
seruice
of
any
man
,
or
of
all
the
men
in
the
world
.
properly
,
formally
in
abstracto
temporall
Princes
temporall
Princes
that
temporall
Princes
are
absolute
heads
of
the
States
which
they
gouerne
in
things
pertaining
only
to
their
temporall
States
,
properly
,
formally
in
abstracto
in
abstracto
spirituall
Pastours
temporall
Princes
spirituall
Pastours
temporall
Princes
spirituall
Pastours
temporall
Princes
temporall
Princes
temporall
Princes
spirituall
Pastours
temporall
Princes
Whereupon
I
conclude
that
seeing
this
now
in
question
is
(
as
I
haue
proued
by
the
law
of
God
)
preiudiciall
to
the
power
,
and
iurisdiction
of
the
head
of
the
to
whom
all
Christian
are
subiect
(
euen
by
the
law
of
Nature
)
it
followeth
,
that
the
said
is
no
lesse
vnlawfull
,
vniust
,
and
repugnant
to
nature
,
then
if
a
husband
should
exact
the
like
of
his
wife
,
or
a
Maister
of
his
seruant
,
or
the
father
of
his
children
(
I
meane
an
which
should
derogate
from
the
power
,
and
authoritie
of
their
temporall
As
for
example
,
if
a
head
of
a
family
should
bind
his
wife
and
children
to
defend
him
from
the
correction
of
his
lawfull
when
occasion
should
require
,
I
thinke
no
man
will
be
so
absurd
to
say
,
that
it
is
a
lawfull
and
correspondent
to
nature
,
though
the
same
should
be
coloured
,
and
shadowed
neuer
so
much
with
pretence
of
Oeconomicall
,
and
filiall
discipline
,
and
dutie
.
And
no
more
can
the
other
be
lawfull
,
and
agreeable
to
Nature
,
though
it
be
neuer
so
much
coloured
with
respect
of
temporall
allegiance
.
that
he
hath
proued
this
by
the
law
of
then
it
followeth
that
the
said
is
no
lesse
vnlawfull
,
vniust
,
and
repugnant
to
then
if
a
husband
should
exact
of
his
wife
,
a
maiester
of
his
seruant
,
a
father
of
his
children
an
which
should
derogate
from
the
power
,
and
authoritie
of
their
temporall
diuine
naturall
diuine
positiue
law
that
the
is
repugnant
to
the
law
of
for
that
it
is
preiudiciall
to
the
power
,
and
iuridiction
giuen
by
the
law
of
Christ
to
the
head
of
the
90.
●
properly
naturall
positiue
law
diuine
reuelation
supernaturall
law
nature
,
supernaturall
naturall
knowledge
naturall
law
For
as
no
reason
of
Oeconomie
,
or
filiall
,
or
coniugall
duetie
,
holdeth
,
when
it
is
encountred
with
the
respect
of
the
weale
publike
,
or
of
due
obedience
to
a
lawfull
Soueraigne
;
So
neither
can
any
reason
of
common-wealth
,
or
allegiance
to
temporall
ouerweigh
,
when
the
same
is
ballanced
with
the
publike
good
of
the
whereto
all
temporall
doe
owe
more
respect
,
duety
and
subiection
(
euen
by
the
law
of
Nature
)
then
their
Vassals
and
subiects
owe
to
them
,
because
the
Religion
,
or
Ecclesiasticall
Societie
,
which
is
the
is
(
as
I
haue
said
)
the
supreme
and
most
worthie
Societie
of
all
other
on
earth
.
In
which
respect
also
all
Societies
inferiour
to
the
Common-wealth
,
yea
euery
member
thereof
,
haue
more
obligation
,
&
owe
more
dutie
to
the
which
is
the
highest
Societie
,
then
to
the
Common-wealth
,
or
any
other
,
whereto
they
are
immediately
subordinate
,
as
it
may
also
be
obserued
in
humane
actions
,
which
tend
finally
to
Religion
,
as
to
their
last
ende
;
for
euery
humane
action
ought
to
be
more
specially
directed
to
Religion
,
that
is
to
say
,
to
the
worship
and
seruice
of
then
to
any
other
inferiour
action
,
whereto
it
may
haue
a
more
immediate
relation
.
In
which
respect
the
themselues
,
being
guided
by
the
law
of
Nature
,
and
light
of
reason
,
placed
the
end
,
not
onely
of
mens
actions
,
but
also
of
euery
man
,
and
of
the
Common-wealth
it selfe
in
Religion
;
because
(
as
and
all
the
reach
)
man
being
made
to
the
Image
of
and
capeable
of
the
knowledge
of
him
,
was
principally
ordained
to
worship
and
serue
him
;
and
therefore
for
as
much
,
as
neither
one
man
alone
can
sufficiently
performe
the
woorship
of
(
which
is
due
to
him
from
all
mankinde
)
neither
yet
many
men
together
,
if
they
should
liue
without
Lawes
,
Marsil
.
Ficin
and
Magistrates
(
for
multitude
without
order
would
breed
confusion
)
therefore
hath
inclined
men
to
ciuill
Societie
,
that
is
to
say
,
to
liue
in
common-wealths
,
to
the
end
that
many
men
liuing
together
in
communitie
,
may
the
better
discharge
their
duty
to
in
yeelding
him
the
due
worship
and
seruice
that
all
mankinde
oweth
him
.
Whereby
the
euidently
saw
,
that
the
common-wealth
was
not
onely
necessary
to
the
perfection
of
Religion
,
but
also
ordained
,
and
referred
thereto
,
as
to
the
end
thereof
(
I
meane
not
the
next
,
and
immediate
end
of
the
common-wealth
which
is
temporall
tranquillitie
,
commoditie
and
sufficiency
,
but
the
last
end
whereto
all
temporall
commodities
are
referred
.
Whereupon
two
consequents
follow
directly
,
Aduersary
,
The
first
ciuill
power
ciuill
power
in
abstracto
Second
part
temporall
power
it selfe
two
consequents
follow
directly
,
according
to
Philosophie
,
the
that
Religion
is
farre
more
noble
,
and
worthie
,
then
the
Common-wealth
(
because
the
end
doth
farre
excell
the
meanes
that
tend
thereto
)
and
the
that
the
Ecclesiasticall
Societie
,
(
which
of
all
Societies
doth
next
approach
to
and
vnite
them
with
him
)
is
the
most
excellent
,
and
worthie
of
all
:
and
therefore
as
worthily
called
the
Mistresse
,
and
Goddesse
(
because
it
immediately
considereth
the
sciences
of
all
things
,
which
is
God
)
so
may
we
call
the
Religious
,
or
Ecclesiasticall
Societie
,
the
Mistresse
,
Lady
,
Empresse
,
and
Goddesse
of
all
Common-wealths
,
and
all
other
Societies
,
because
it
is
properly
,
and
immediately
dedicated
to
the
seruice
of
as
also
because
Common-wealths
,
and
other
Societies
cannot
performe
their
dutie
to
nor
arriue
to
perfect
felicitie
,
but
by
the
meanes
of
the
Ecclesiasticall
Societie
.
And
this
is
so
certaine
,
and
euident
,
that
no
or
learned
would
deny
it
as
it
may
appeare
by
the
institution
,
and
customes
of
the
best
Common-wealths
among
the
Paynims
;
in
the
which
the
Religious
Societie
had
the
preheminence
aboue
the
Common-wealth
,
in
all
things
that
any
way
appertained
to
Religion
,
as
I
will
make
it
manifest
heereafter
when
I
shall
speake
of
the
law
of
that
in
the
Common-wealth
,
the
chiefe
who
was
called
had
supreame
authoritie
in
matters
pertaining
not
only
to
Religion
,
but
also
to
State
,
when
the
same
was
mixed
with
Religion
,
in
which
case
he
commanded
the
themselues
,
who
were
the
Soueraigne
temporall
Magistrates
.
This
appeareth
in
who
testifieth
,
that
being
a
of
the
and
intending
to
goe
to
with
his
army
,
was
forced
by
the
chiefe
to
stay
his
iourney
,
to
attend
to
his
Priestly
function
:
and
therefore
that
it
was
most
notably
and
diuinely
ordained
by
the
ancient
that
the
And
no
meruaile
,
seeing
that
the
who
were
inferiour
to
the
had
such
absolute
authoritie
,
that
they
might
hinder
the
election
of
Officers
,
depriue
the
Magistrates
of
their
Offices
,
and
forbid
the
Senate
to
treate
with
the
people
de
legib.
lib.
in
so
much
that
nothing
lawfully
done
by
any
Magistrate
at
home
,
or
abroad
,
if
he
were
contradicted
by
them
and
which
is
more
the
two
were
condemned
to
death
for
disobeying
them
.
Whereby
it
appeareth
,
that
although
the
had
no
authoritie
ouer
the
temporall
Magistrates
in
matters
meerely
temporall
,
yet
when
consideration
of
Religion
entered
together
with
temporall
affaires
,
the
temporall
Magistrate
was
corrected
,
and
commanded
by
the
spirituall
,
as
occasion
required
.
And
this
I
say
,
was
the
custome
of
the
because
,
no
doubt
,
they
held
it
to
be
most
conforme
to
the
law
of
Nature
:
in
which
respect
I
may
boldly
say
,
that
if
an
had
beene
propounded
amongst
them
,
to
haue
exempted
their
and
other
temporall
Magistrates
from
the
command
,
and
correction
of
the
chiefe
(
notwithstanding
any
occasion
of
religion
,
which
might
occurre
)
they
would
not
haue
admitted
it
as
lawfull
.
And
this
is
very
case
.
Thus
I
said
in
my
Supplement
,
and
then
I
concluded
concerning
the
pretended
of
allegiance
,
speaking
to
in
these
words
.
And
thus
you
see
that
the
Law
of
Nature
is
so
farre
from
enioyning
,
and
iustifying
the
(
as
you
say
it
doeth
)
that
it
vtterly
reiecteth
,
and
condemneth
it
,
except
you
can
turne
the
world
vpside
downe
,
and
peruert
the
whole
course
of
nature
,
and
prooue
,
that
things
lesse
perfect
are
to
be
preferred
before
the
more
perfect
the
body
before
the
soule
,
sense
before
reason
,
temporall
things
before
spirituall
,
pollicie
before
religion
,
earth
before
heauen
,
and
the
world
before
God
,
whereto
in
very
truth
your
doctrine
in
this
point
directly
tendeth
.
two
consequents
first
consequent
Pontifex
Maximus
Alexander
ab
Alexandro
chiefe
Priest
King
of
sacred
things
chiefe
Bishop
Kingly
dignitie
Religious
Priest
temporall
Magistrate
Q.
Fabius
Maximus
Aemilius
Lepidus
chiefe
Bishop
chiefe
Bishop
chiefe
Bishops
4.
Alexand.
27.
Alexand.
two
Consuls
sacred
things
Regall
authoritie
sacred
things
sacred
things
chiefe
Bishop
chiefe
Priests
Consuls
,
Captaines
religious
Priests
that
it
was
notably
and
diuinely
ordained
,
that
the
should
haue
a
chiefe
command
in
matters
that
appertained
as
well
to
the
Common-wealth
,
as
to
the
religion
of
the
But
that
the
temporall
Magistrate
Fitzherbert
,
was
commanded
and
corrected
,
as
occasion
required
,
by
the
spirituall
,
was
the
custome
of
the
because
,
no
doubt
,
they
held
it
to
be
most
conforme
to
the
law
of
Nature
.
[
to
be
most
conforme
to
the
law
of
Nature
]
Nature
commandeth
Romans
was
conforme
to
the
law
of
Nature
,
Thirdly
therfore
for
the
better
cleering
of
the
whole
matter
,
the
Reader
may
obserue
out
of
learned
Abulensis
,
Abulens
.
in
cap.
13.
Gen.
q.
8.
9
&
seq.
that
there
is
a
great
difference
betwixt
the
Priests
of
the
old
law
,
&
of
the
new
,
&
the
Priests
,
that
were
in
the
law
of
nature
.
For
in
the
law
of
nature
,
before
the
law
of
God
was
published
by
Moyses
,
we
may
consider
euery
man
either
by
himselfe
,
or
as
he
was
a
part
of
some
communitie
:
If
he
be
considered
by
himselfe
,
and
as
dwelling
alone
in
no
Societie
,
it
was
lawfull
for
euery
man
to
offer
sacrifice
to
God
of
whatsoeuer
was
his
owne
,
in
what
maner
he
would
,
and
in
what
place
he
would
because
it
was
not
by
any
law
forbidden
any
man
to
doe
these
things
:
For
to
offer
sacrifice
in
the
honour
of
God
was
of
it selfe
a
good
and
commendable
act
,
and
it
was
forbidden
no
man
,
and
therefore
it
was
lawfull
for
euery
man
.
So
that
in
the
law
of
nature
euery
man
being
considered
by
himselfe
was
a
Priest
in
this
sense
,
that
he
might
lawfully
offer
sacrifice
in
the
honour
of
God
,
of
what
thing
,
in
what
manner
,
and
in
what
place
he
would
.
But
if
man
be
considered
,
as
he
was
a
part
of
some
communitie
,
and
as
liuing
in
ciuill
Societie
it
was
farre
otherwise
.
For
euery
ciuill
Communitie
had
certaine
rites
and
ceremonies
for
the
worshipping
either
of
the
true
,
or
of
false
Gods
;
and
in
the
name
,
and
by
the
authoritie
of
the
whole
communitie
there
were
done
religious
rites
and
ceremonies
in
honour
of
that
God
,
which
that
communitie
professed
to
be
God
.
And
because
one
particular
act
could
not
be
done
by
the
whole
communitie
,
the
communitie
appointed
certaine
Ministers
,
who
in
the
name
and
place
of
the
whole
communitie
should
doe
that
acte
.
And
these
Ministers
,
for
as
much
as
concerned
the
doing
of
holy
rites
,
were
commonly
called
Priests
:
and
so
some
certaine
men
onely
were
appointed
Priests
,
and
all
men
were
not
Priests
;
and
to
these
Priests
onely
it
belonged
to
doe
those
Sacrifices
in
the
name
,
and
by
the
authoritie
of
the
whole
communitie
.
And
this
custome
was
among
all
Nations
,
both
Iewes
and
Gentiles
before
the
law
of
God
was
giuen
to
Moyses
,
and
so
among
all
Nations
there
were
some
persons
specially
appointed
Priests
by
the
communitie
,
and
all
men
were
not
Priests
.
But
after
the
law
was
written
,
and
deliuered
by
Moyses
to
the
Israelites
,
both
the
place
where
sacrifices
were
to
be
offered
,
and
the
Ministers
which
were
to
offer
,
and
also
the
sacrifices
which
were
to
be
offered
,
and
the
manner
of
offering
them
were
limitted
,
and
determined
by
God
himselfe
.
Concerning
the
place
there
were
two
limitations
.
The
first
was
,
that
Sacrifices
should
not
bee
offered
in
many
places
;
the
second
,
that
they
should
not
be
offered
in
many
Altars
.
Of
the
first
we
may
see
in
Deuteron
.
Chap.
12.
&
16.
where
it
is
said
,
that
the
Israelites
should
not
offer
sacrifice
in
euery
place
,
but
onely
in
that
place
,
which
God
should
choose
to
put
his
name
there
.
And
this
was
onely
one
City
,
although
it
was
not
alwaies
the
same
.
For
the
Israelites
had
a
Sanctuary
,
which
by
Gods
commandement
Moyses
made
in
the
desert
,
and
this
was
placed
in
one
Citie
,
and
this
Citie
was
that
which
God
did
choose
to
place
there
his
Sanctuary
,
as
it
was
first
in
Sile
,
then
in
Nobe
,
afterwards
in
Gabaon
,
and
lastly
in
Hierusalem
:
and
onely
in
that
Citie
it
was
lawfull
for
the
Iewes
to
offer
sacrifices
,
and
not
in
other
places
,
nor
in
the
fields
,
because
then
they
should
be
accounted
Idolaters
,
Leuit.
Chap.
17.
The
second
limitation
was
,
that
they
should
not
doe
sacrifices
in
many
Altars
.
For
albeit
there
was
but
one
onely
City
,
where
Sacrifices
could
be
offered
,
yet
it
might
bee
thought
,
that
there
were
many
Altars
vpon
which
they
might
be
offered
,
especially
for
that
all
Israel
came
sometimes
to
that
place
to
offer
sacrifices
;
and
yet
it
was
not
so
.
For
there
was
one
onely
Altar
,
vpon
which
all
things
were
burned
,
and
blood
was
offered
.
And
this
Altar
was
not
made
by
any
of
them
that
did
offer
sacrifice
,
but
it
was
that
Altar
,
which
Moyses
made
in
the
desert
after
the
manner
and
forme
that
God
himselfe
did
describe
vnto
him
,
Exod.
27.
and
it
was
called
the
Altar
of
Holocaust
,
Exod.
38.
Besides
,
it
was
not
lawfull
to
offer
sacrifice
in
euery
part
of
the
City
,
but
only
within
the
Sanctuary
,
which
remained
firme
in
one
part
of
the
City
;
and
moreouer
within
the
Sanctuary
Sacrifice
was
not
offered
in
euery
place
,
but
onely
vpon
the
Altar
of
Holocaust
,
which
was
placed
without
the
doore
of
the
Tabernacle
,
and
to
offer
Sacrifice
in
another
place
it
was
vnlawfull
,
Leuit.
17.
and
Iosue
22.
Neuerthelesse
in
the
same
Sanctuary
there
were
two
Altars
,
The
one
was
called
of
Holocausts
,
which
had
fiue
cubites
in
length
,
and
as
many
in
breadth
,
and
three
in
height
,
The
other
of
Incense
,
which
was
onely
one
Cubite
in
length
,
and
another
in
breadth
,
and
two
Cubites
in
height
,
vpon
the
first
all
Sacrifices
were
offered
,
Exod.
27.
&
Leuit.
17.
vpon
the
second
Sacrifice
was
neuer
offered
,
but
onely
Incense
was
burned
euery
day
twice
,
morning
,
and
euening
Exod.
30.
But
after
that
Salomon
had
built
the
Temple
,
the
Tabernacle
of
Moyses
,
and
that
Altar
ceased
,
and
then
was
made
a
greater
Altar
of
Holocausts
,
which
was
of
brasse
,
and
it
had
twentie
cubites
in
length
,
and
as
many
in
breadth
,
2.
Paralip.
4.
which
according
to
the
rules
of
Arithmeticke
containeth
foure
hundred
cubites
square
,
and
was
able
to
comprehend
many
sacrifices
together
:
but
how
great
was
the
Altar
of
Incense
made
by
Solomon
the
Scripture
doth
not
mention
.
The
Altar
of
Incense
was
within
the
Temple
,
but
the
Altar
of
Holocausts
was
without
in
the
Court
of
the
Temple
,
which
was
called
the
Court
of
the
Priests
.
Concerning
the
persons
,
who
were
to
offer
sacrifice
,
it
is
to
be
considered
,
that
almighty
God
to
take
away
occasion
of
Idolatrie
,
as
he
limited
the
places
,
wherein
sacrifices
were
to
be
offered
,
so
also
hee
would
haue
the
Ministers
therof
to
be
limited
:
for
if
euery
man
had
bin
permitted
to
offer
sacrifice
,
either
Idolatrie
it selfe
,
or
the
rites
and
ceremonies
of
Idolaters
might
the
more
easily
haue
crept
in
;
and
therefore
he
ordained
,
that
only
Aaron
,
and
his
sonnes
,
and
they
that
should
descend
from
them
,
should
be
consecrated
Priests
in
Israel
,
to
whom
he
gaue
authority
to
doe
all
rites
and
ceremonies
,
as
well
of
Sacrifices
,
as
of
other
things
,
which
ought
to
be
done
within
the
Sanctuary
,
Num.
3.17.18
.
And
hee
appointed
the
rest
of
the
Tribe
of
Leui
,
whom
,
as
by
a
proper
name
we
call
Leuites
,
to
serue
Aaron
,
and
his
sonnes
,
Num.
3.
For
these
could
doe
nothing
concerning
those
foure
things
,
which
did
peculiarly
belong
to
the
Priests
,
to
wit
,
to
offer
Sacrifice
,
to
burne
Incense
,
to
put
vpon
the
Table
holy
breads
,
which
were
called
loaues
of
proposition
,
Exod.
25.
whereof
the
Priests
onely
could
eate
,
and
to
put
the
seuen
lampes
vpon
the
golden
candlesticke
,
and
to
haue
care
of
them
,
that
they
should
giue
light
:
for
these
foure
offices
,
or
ministeries
did
belong
onely
to
the
Priests
:
but
the
office
,
and
ministerie
of
the
Leuites
was
to
serue
the
Priests
in
their
office
,
and
to
doe
those
things
which
are
ordained
,
Num.
Chap.
1.3
.
&
8.
as
to
haue
a
care
and
custody
of
the
Tabernacle
and
all
the
furniture
thereof
,
of
the
Arke
,
Table
,
Candlesticke
,
Altars
,
vessels
of
the
Sanctuary
,
veile
,
&c.
and
to
take
downe
,
and
carry
the
Tabernacle
,
when
the
campe
was
to
goe
forward
,
and
to
set
it
vp
,
when
the
people
were
to
campe
againe
,
&c.
Concerning
the
ceremonies
,
which
were
to
be
vsed
,
and
the
sacrifices
which
were
to
be
offered
,
albeit
in
the
law
of
Nature
,
when
there
was
no
law
of
God
,
which
did
restraine
,
or
limit
any
man
to
any
kinde
of
ceremony
or
Sacrifice
,
it
was
lawfull
for
euery
man
to
doe
what
hee
would
,
vnlesse
it
were
euill
of
it selfe
,
and
therefore
euery
man
,
as
being
considered
by
himselfe
,
might
offer
what
sacrifice
,
or
vse
what
kinde
of
ceremony
he
pleased
,
but
as
he
was
a
part
and
member
of
some
Communitie
,
he
could
vse
no
other
sacrifice
or
ceremony
,
then
that
which
the
Communitie
,
or
the
supreme
Gouernours
thereof
,
whose
Minister
he
was
,
did
appoint
;
yet
in
the
law
written
it
was
otherwise
.
For
as
God
himselfe
did
limite
and
determine
the
places
,
and
ministers
to
doe
sacrifice
,
so
also
he
determined
all
the
rites
,
and
ceremonies
belonging
to
the
worshipping
of
him
,
whereof
the
whole
booke
of
Leuiticus
doth
treate
.
But
concerning
the
Sacrifices
,
God
appointed
in
generall
three
kindes
,
to
wit
,
Holocausts
,
a
sacrifice
for
sinne
,
and
a
Pacificke
hoste
Num.
6.
and
vnder
these
three
were
comprehended
all
other
particular
kindes
of
sacrifices
,
of
all
which
,
and
of
the
ceremonies
belonging
to
them
it
is
treated
from
the
first
Chapter
of
Leuiticus
to
the
eight
.
Si
difficile
,
&
ambiguum
If
thou
perceiue
,
that
the
iudgement
with
thee
be
hard
,
and
doubtfull
,
twelue
Apostles
Apologie
,
Theologicall
Disputation
law
written
that
according
to
the
the
temporall
State
and
power
is
subiect
and
subordinate
to
the
spirituall
,
and
that
the
supreme
temporall
Magistrate
was
commanded
and
corrected
with
temporall
punishments
,
as
occasion
required
by
the
spirituall
Sotus
,
Valentia
,
Suarez
,
Vasquer
,
Religious
Priests
moderne
Diuines
Religious
Priests
This
was
some
part
of
my
Discourse
in
my
concerning
the
law
of
Nature
,
whereby
thou
seest
,
that
I
haue
sufficiently
shewed
two
things
:
the
one
that
according
to
the
law
of
Nature
the
temporall
state
,
and
power
is
subordinate
,
and
subiect
to
the
spirituall
,
when
they
are
conioined
in
one
body
,
no
lesse
then
the
familie
is
subordinate
and
subiect
to
the
Common-wealth
in
like
case
,
because
the
end
of
the
temporall
power
is
subordinate
to
the
end
of
the
spirituall
power
,
which
ouerthroweth
my
false
principle
,
to
wit
that
the
Ecclesiasticall
,
and
ciuill
Societie
are
so
distinct
in
nature
,
and
office
,
that
though
they
be
ioined
together
,
yet
they
haue
no
dependance
the
one
of
the
other
,
vpon
which
false
ground
,
and
vaine
supposition
often
affirmed
by
and
him
,
and
neuer
proued
by
either
of
them
,
they
found
all
their
false
doctrine
.
chiefe
Priest
sacred
rites
Vestall
Virgins
in
Numa
second
part
Card.
Bellarmines
Nature
Religious
Priests
The
other
thing
Fitzherbert
,
that
I
haue
shewed
,
is
,
that
by
reason
of
this
naturall
subordination
,
and
subiection
of
the
lawes
,
and
lesse
perfect
Societies
to
the
higher
,
and
more
perfect
,
it
is
most
conforme
to
nature
,
that
the
head
of
the
Church
,
who
is
the
supreme
spirituall
Magistrate
,
may
command
,
and
correct
all
inferiour
Magistrates
,
as
well
temporall
as
spirituall
,
when
the
necessitie
either
of
the
whole
body
,
or
of
the
Church
only
(
which
is
the
most
perfect
,
and
supreme
Societie
)
doth
require
it
,
as
in
like
case
the
supreme
ciuill
Magistrate
(
who
is
Prince
,
and
head
of
the
Common-wealth
)
iustly
commandeth
,
and
punisheth
the
heads
of
Families
,
or
Cities
,
notwithstanding
that
the
said
Families
,
and
Cities
are
distinct
Societies
,
and
bodies
,
and
haue
their
lawes
,
and
Magistrates
apart
,
no
lesse
then
the
Common-wealth
,
and
Church
haue
theirs
.
doth
not
deny
,
but
that
I
haue
prooued
thus
much
effectually
,
so
farre
foorth
,
as
concerneth
a
power
to
command
,
and
a
spirituall
manner
of
punishment
,
seeing
that
hee
saith
(
as
you
haue
heard
in
the
beginning
of
the
last
Chapter
)
Christian
Princes
that
he
hath
effectually
proued
by
the
law
of
God
,
nature
,
that
the
temporall
power
is
subiect
to
the
spirituall
,
hee
hath
effectually
proued
by
the
law
of
that
the
temporall
power
is
subiect
to
the
spirituall
,
absolute
disiunctiue
Whereby
it
appeareth
that
the
onely
question
now
betwixt
vs
is
,
whether
the
supreme
spirituall
Superiour
may
punish
temporally
according
to
the
law
of
nature
,
whereof
truely
there
can
be
no
doubt
,
if
we
consider
the
ground
and
substance
of
my
former
Discourse
,
proouing
a
subordination
of
all
Societies
,
and
communities
to
the
for
thereupon
it
followeth
,
that
the
head
thereof
may
by
way
either
of
commaundement
,
or
punishment
,
dispose
of
whatsoeuer
belongeth
to
all
the
inferiour
Societies
,
when
it
shall
be
absolutely
necessarie
for
the
conseruation
of
the
by
the
same
reason
,
that
the
Superiour
,
Magistrate
,
or
of
the
ciuill
Societie
,
or
common
wealth
,
may
dispose
in
like
case
,
and
to
like
purpose
of
whatsoeuer
belongeth
to
all
the
Societies
,
which
are
inferiour
to
the
common-wealth
,
or
as
the
soule
commandeth
,
or
punisheth
the
body
in
whatsoeuer
is
dependent
thereon
,
or
accessorie
thereto
,
as
I
haue
prooued
before
in
the
second
Chapter
.
And
all
this
will
bee
yet
more
cleare
if
wee
consider
the
weake
reason
that
giueth
of
his
conceipt
to
prooue
,
that
the
supreame
spirituall
power
cannot
punish
temporally
.
For
thus
hee
saith
Thus
saith
hee
:
But
to
omit
to
speake
of
bloodie
punishments
by
death
,
or
maiming
,
(
which
are
neuer
vsed
by
the
Church
,
and
therefore
are
idly
mentioned
heere
by
my
it
is
to
bee
noted
,
that
in
the
rest
hee
contradicteth
not
onely
the
ancient
,
and
common
practise
of
the
Church
,
yea
the
holy
Scriptures
,
as
I
shall
shew
Item
cap.
after
a
while
,
but
also
his
owne
grant
,
and
concession
.
Atque
ita
recta
ratio
dictat
,
&c.
And
so
true
reason
teacheth
,
&c.
idly
mentioned
heere
by
mee
dispose
of
whatsoeuer
belongeth
to
the
Ciuill
Common-wealth
,
second
Chapter
that
the
hauing
power
ouer
my
soule
,
and
being
withall
the
supreame
Gouernour
of
the
whole
Church
hath
also
power
ouer
my
life
,
albeit
with
the
liues
of
Princes
,
it
being
an
odious
question
,
hee
will
not
meddle
,
that
the
hath
power
ouer
the
temporall
goods
,
states
,
and
bodies
of
all
Christians
,
that
bloodie
punishments
by
death
,
or
maiming
are
idly
mentioned
heere
by
mee
,
bloodie
punishments
by
death
,
or
maiming
are
neuer
vsed
by
the
Church
:
Pope
Adrian
In
cap.
that
the
tongues
of
some
malefactours
should
bee
pulled
out
,
and
the
heads
of
others
stroken
off
:
supreame
Superiours
delegate
Superiour
supreame
Superiour
delegate
Superiour
supreame
Superiour
that
I
contradict
my
owne
grant
,
the
holy
Scriptures
,
and
the
ancient
,
and
common
practise
of
the
Church
.
You
haue
heard
1.
Wid.
that
the
spirituall
Superiour
may
commaund
corporall
,
and
temporall
things
,
as
they
serue
the
spirituall
,
and
are
reduced
thereto
.
Why
then
may
hee
not
punish
his
subiect
in
his
body
,
or
temporall
goods
for
the
same
respect
?
an
affirming
,
and
denying
of
the
selfe
same
thing
,
and
in
the
selfe
same
manner
,
materiall
sword
temporall
Princes
Religious
Societie
[
The
spirituall
Superiour
may
command
corporall
and
temporall
things
,
as
they
serue
spirituall
,
and
are
reduced
thereto
:
]
For
seeing
that
the
spirituall
power
to
command
temporall
things
in
that
case
,
resulteth
vpon
their
reduction
to
the
spirituall
(
that
is
to
say
,
because
they
are
vsed
and
applied
to
the
seruice
of
the
spirituall
whereby
they
are
reduced
to
a
kind
of
spirituall
nature
or
qualitie
)
why
shall
not
the
same
reason
hold
for
the
spirituall
Superiours
power
to
punish
in
temporall
things
,
which
are
no
lesse
vsed
and
applyed
to
the
seruice
of
the
spirituall
,
in
punishment
,
then
in
commandement
?
as
when
delinquents
are
enioyned
for
the
punishment
of
their
sinnes
to
giue
Almes
,
to
build
Hospitals
,
or
Monasteries
,
to
goe
in
Pilgrimage
,
and
to
afflict
their
bodies
by
fasting
,
watching
,
discipline
,
haire-cloth
,
and
such
like
,
it
is
cleare
,
that
as
well
the
corporall
labours
,
as
the
temporall
expences
are
referred
to
a
spirituall
end
,
(
to
wit
,
to
Gods
glory
,
and
the
benefite
of
the
Soule
)
no
lesse
then
if
the
same
were
imployed
otherwayes
for
Gods
seruice
,
by
the
direction
or
commandement
of
the
spirituall
Superiour
.
Also
,
when
heretikes
are
depriued
of
their
honour
,
fame
,
goods
,
or
liues
for
the
iust
punishment
of
their
heresie
,
12.
13.
according
to
the
custome
and
Canons
of
the
Church
,
who
knoweth
not
that
the
same
to
done
for
the
glory
of
God
,
and
the
great
benefit
of
the
Church
?
So
as
there
is
no
lesse
relation
or
reduction
of
corporall
and
temporall
goods
to
the
spirituall
in
punishing
,
then
in
commanding
,
and
therefore
cannot
with
any
probability
admit
the
one
,
and
reiect
the
other
.
Appendix
part.
The
Ecclesiasticall
power
of
the
Church
,
as
it
is
or
commanding
is
not
by
those
words
of
our
Sauiour
,
determined
to
this
or
that
manner
of
directing
or
commanding
,
but
doth
without
limitation
comprehend
all
conuenient
directing
or
commanding
,
therefore
the
same
is
to
be
vnderstood
of
the
or
punishing
power
compelling
,
enforcing
punishing
force
Secondly
,
if
that
assertion
or
argument
of
Suarez
be
so
vnderstood
,
that
as
the
Ecclesiasticall
power
to
command
is
not
limited
to
any
certaine
manner
of
commanding
,
so
that
it
be
conuenient
,
and
beseeming
the
nature
and
condition
of
an
Ecclesiasticall
or
spirituall
body
,
or
Societie
(
as
it
is
by
the
institution
of
Christ
distinguished
from
the
ciuill
body
or
Common-wealth
)
so
the
Ecclesiasticall
power
to
punish
is
not
limitted
to
any
certaine
manner
of
punishing
,
so
that
it
be
conuenient
,
and
beseeming
the
nature
and
condition
of
an
Ecclesiasticall
or
spirituall
body
,
and
society
(
as
it
is
instituted
by
Christ
and
distinguished
from
the
ciuill
Common-wealth
then
wee
grant
also
his
comparison
,
or
the
consequence
of
his
argument
.
But
then
we
affirme
,
that
as
onely
temporall
correction
or
punishing
is
conuenient
and
proper
to
the
temporall
body
,
or
Common-wealth
;
so
also
onely
spirituall
censures
or
punishments
are
by
the
institution
of
Christ
conuenient
and
beseeming
the
spirituall
kingdome
,
or
Church
of
Christ
,
as
out
of
many
Catholike
Authours
wee
haue
shewed
a
little
before
.
Wherefore
there
is
a
great
difference
to
be
obserued
betwixt
the
power
to
command
,
and
to
punnish
.
For
the
Ecclesiasticall
power
to
command
is
as
it
were
vnlimited
,
and
may
be
extended
to
all
things
both
spirituall
and
also
temporall
,
not
as
they
are
temporall
,
but
as
in
regard
of
the
vertue
or
sinne
therein
contained
,
they
become
spirituall
;
because
the
obiect
of
the
Ecclesiasticall
directiue
or
commanding
power
is
vertue
,
or
vice
,
which
may
be
found
in
all
things
whatsoeuer
,
aswell
temporall
,
as
spirituall
:
And
so
the
Ecclesiasticall
power
forbidding
a
temporall
thing
as
it
is
a
sinne
,
or
hurtfull
to
spirituall
good
,
doth
nothing
which
is
vnbeseeming
the
nature
and
condition
of
a
spirituall
body
,
or
Society
,
but
the
depriuing
one
of
temporall
lands
,
goods
,
libertie
,
or
life
,
are
alwaies
temporall
punishments
for
what
crime
soeuer
either
spirituall
or
temporall
they
be
inflicted
,
and
therefore
are
not
conuenient
or
beseeming
the
nature
or
condition
of
a
spirituall
Common-wealth
,
as
I
haue
shewed
before
.
And
this
distinction
or
difference
betwixt
the
commanding
and
chastising
power
doth
euidently
appeare
in
the
ciuill
Common-wealth
,
which
hauing
for
the
obiect
of
her
directiue
or
commanding
power
,
publike
peace
,
or
publike
disquietnesse
,
as
the
Ecclesiasticall
hath
vertue
or
vice
,
may
forbid
all
things
euen
Ecclesiasticall
matters
,
as
they
are
truely
manifest
wrongs
to
the
ciuill
society
,
and
vniust
hindrances
to
the
publike
peace
;
for
that
these
vniust
oppressions
,
although
principally
,
and
of
themselues
are
spirituall
,
yet
secondarily
and
by
accident
they
are
temporall
wrongs
,
and
in
that
regard
may
be
punished
by
the
ciuill
Magistrate
,
not
with
spirituall
but
with
temporall
punishments
,
as
before
in
this
Disputation
x
x
Cap.
7.
sec.
2
nu.
17.
I
haue
shewed
out
of
those
two
famous
and
learned
Dominikes
,
Sotus
,
and
Bannes
.
Whereby
we
may
perceiue
that
this
manner
of
arguing
,
which
Suarez
vseth
in
comparing
the
commanding
or
directiue
power
,
with
the
punishing
or
coerciue
,
is
not
allowable
;
for
otherwise
wee
might
in
like
manner
conclude
,
that
as
the
Ciuill
power
to
command
is
not
so
limitted
,
but
that
it
may
sometimes
be
extended
to
Ecclesiasticall
or
spirituall
matters
;
so
also
the
Ciuill
power
to
punish
is
not
so
limited
,
but
that
it
may
sometimes
be
extended
to
punish
with
Ecclesiasticall
or
spirituall
punishment
.
Thus
I
answered
in
that
place
.
coerciue
,
compelling
proper
acts
second
part
spirituall
actions
spirituall
effect
temporall
Prince
temporall
effect
temporall
power
temporall
Prince
minister
hic
,
&
nunc
doctrine
altogether
intollerable
and
which
cannot
be
vttered
,
but
by
one
who
is
giuen
to
a
reprobate
sense
,
for
that
it
maketh
the
temporall
Prince
to
bee
Iudge
of
spirituall
things
,
and
thereby
maketh
him
truely
the
head
of
the
Church
,
And
if
hee
will
not
heare
the
Church
,
let
him
bee
to
thee
as
a
Heathen
,
and
Publicane
I
will
giue
to
thee
the
keyes
of
the
kingdome
of
heauen
the
weapons
of
our
warfare
are
not
carnall
de
considerat
drawing
forth
in
some
sort
Petrus
Damianus
that
the
kingdome
and
Priesthood
are
by
their
proper
offices
,
and
functions
so
distinguished
,
that
the
should
vse
Secular
weapons
,
and
the
be
girded
with
the
spirituall
sword
It
belongeth
to
Kings
to
inflict
corporall
,
and
to
Priests
to
inflict
spirituall
punishments
.
second
part
spirituall
Pastours
Christian
Princes
The
spirituall
Superiour
may
command
corporall
and
temporall
things
as
they
serue
spirituall
,
and
are
reduced
thereto
,
but
not
inflict
temporall
punishments
All
temporall
things
,
and
temporall
punishments
may
bee
referred
to
a
spirituall
ende
(
to
wit
,
to
Gods
glory
,
and
the
benefit
of
soules
)
and
this
no
lesse
in
commanding
then
in
punishing
.
spirituall
punishments
spirituall
actions
spirituall
punishments
temporall
punishments
spirituall
things
temporall
punishments
temporall
punishments
temporall
punishments
temporall
punishments
spirituall
punishments
friuolous
distinction
of
mine
a
priori
absolute
power
in
ordine
ad
bonum
spirituale
,
in
order
to
spirituall
good
,
in
order
to
spirituall
good
Soueraigne
Princes
spirituall
Pastours
absolute
Princes
spirituall
Pastors
vicious
actions
granting
,
that
the
spirituall
Superiour
may
command
temporall
punishments
,
and
yet
in
denying
,
that
he
may
inflict
temporall
punishments
.
Furthermore
that
the
spirituall
Superiour
may
punish
spiritually
(
that
is
to
say
by
Censures
of
but
who
seeth
not
that
he
granteth
consequently
,
that
the
said
spirituall
Superiour
may
also
punish
temporally
?
For
doth
not
only
depriue
a
man
of
the
vse
of
the
Sacraments
,
but
also
of
the
communication
,
and
conuersation
of
Christian
men
,
and
of
many
temporall
commodities
euen
according
to
our
Sauiours
owne
commandement
,
who
ordained
a
temporall
penaltie
of
when
he
commanded
that
is
to
say
,
shall
be
excluded
not
only
from
the
participation
of
the
spirituall
benefits
of
the
but
also
from
the
temporall
companie
,
and
conuersation
of
the
faithfull
;
which
was
also
ordained
by
the
when
he
commanded
the
not
to
eate
with
notorious
sinners
,
and
disobedient
persons
;
and
by
S.
when
he
commanded
that
the
should
not
receiue
nor
so
much
in
all
which
it
cannot
be
denyed
,
but
that
the
offenders
were
punished
temporally
.
punish
spiritually
that
I
must
consequently
grant
,
that
he
may
also
punish
temporally
,
law
of
Christ
.
Secondly
temporall
Princes
that
our
Sauiour
by
his
owne
commandement
ordained
a
temporall
penaltie
of
Excommunication
,
de
iure
diuine
But
the
contrarie
doctrine
may
seeme
to
haue
some
ground
in
those
word
For
by
those
words
our
Sauiour
doth
seeme
to
haue
sufficiently
shewed
,
and
instituted
the
Censure
of
and
that
the
Pastours
of
the
are
heere
vertually
commanded
to
excommunicate
disobedient
,
and
obstinate
Christians
:
because
by
no
other
reason
the
faithfull
can
be
bound
to
auoid
such
kind
of
men
.
But
from
this
place
Suarez
,
nothing
can
be
gathered
.
For
otherwise
one
might
also
gather
from
thence
,
that
whosoeuer
disobeyeth
the
is
excommunicated
by
the
law
of
God
.
Also
,
for
that
otherwayes
the
Church
doth
excommunicate
no
man
,
but
declare
him
to
be
excommunicated
by
the
law
of
God
,
because
he
doth
not
obey
the
which
how
absurd
this
is
,
it
is
manifest
of
it selfe
,
&c.
therefore
by
those
words
is
signified
this
generall
maxime
,
that
those
who
doe
not
heare
the
doe
grieuously
sinne
,
and
especially
if
they
be
obstinate
,
and
that
therefore
they
are
to
be
accounted
,
and
shunned
as
grieuous
sinners
,
as
are
It
is
signified
that
our
Lord
will
giue
to
his
power
to
binde
and
loose
.
And
so
in
those
words
is
contained
the
power
to
inflict
the
Censure
of
but
not
the
institution
of
the
or
a
commandement
in
particular
,
but
onely
in
generall
of
auoyding
sinners
,
who
are
disobedient
to
the
vnder
which
generall
law
is
comprehended
an
accomodate
distribution
to
say
so
,
to
wit
,
a
commandement
to
shunne
euery
one
that
is
disobedient
to
the
according
to
the
degree
and
manner
of
the
prohibition
and
separation
which
is
made
by
the
her selfe
.
And
this
is
the
common
exposition
of
vpon
that
place
,
and
of
handling
this
matter
our
Sauiour
by
his
owne
commandement
ordained
a
temporall
penalty
of
when
he
commanded
,
that
he
who
will
not
heare
the
Church
shall
bee
taken
for
an
Ethnicke
,
and
a
Publicane
,
Fitzherbert
:
Suarez
that
they
are
not
forcible
that
those
words
of
S.
may
bee
vnderstood
of
the
naturall
obligation
,
by
which
euery
man
is
bound
to
auoyd
danger
of
being
infected
,
and
consequently
to
auoyd
the
person
,
which
is
an
occasion
to
him
of
sinning
;
and
such
is
an
heretike
whose
speech
spreadeth
as
a
Canker
,
So
also
it
is
said
and
Galat
Secondly
,
although
we
should
grant
,
that
the
in
that
place
spoke
of
a
proper
Censure
,
it
doth
not
follow
,
that
this
institution
is
diuine
,
but
at
the
most
an
institution
of
the
Apostle
,
because
it
is
the
commandement
of
and
especially
for
that
it
may
be
expounded
,
that
is
for
the
spake
to
who
was
a
Bishop
,
and
had
power
to
excommunicate
.
And
according
to
this
sense
may
be
vnderstood
those
words
of
S.
although
they
rather
seeme
to
be
vnderstood
of
a
naturall
commandement
not
to
cooperate
with
such
men
,
and
not
to
giue
them
any
signes
,
whereby
either
wee
should
seeme
to
consent
to
them
,
or
that
they
should
be
confirmed
in
their
errour
.
And
this
S.
did
signifie
in
the
next
words
.
As
also
S.
In
which
last
word
also
the
insinuateth
,
that
not
onely
to
auoide
communication
in
sinne
,
but
also
to
rebuke
our
neighbour
charitably
,
it
is
sometimes
counselled
,
or
also
commanded
to
abstaine
from
his
companie
,
that
hee
may
be
confounded
:
of
this
sort
also
are
those
wordes
,
which
words
doe
admit
almost
all
the
aforesaid
interpretations
:
And
if
they
be
extended
to
a
proper
they
are
to
be
vnderstood
,
at
what
time
,
and
in
what
manner
the
of
the
shall
iudge
,
that
these
kinde
of
sinners
are
to
be
auoided
.
And
so
by
all
these
testimonies
conferred
together
it
is
euidently
gathered
,
that
there
is
no
ground
in
Scripture
for
vs
to
say
,
that
any
is
by
the
annexed
to
heresie
,
rather
then
to
other
sinnes
:
And
therefore
the
contrary
opinion
is
farre
more
and
it
is
the
common
opinion
of
other
Doctours
.
Thus
Suarez
.
Christ
our
Sauiour
by
his
owne
commandement
hath
ordained
a
temporall
penaltie
of
Excommunication
,
good
Reader
in
granting
that
the
spirituall
Superiour
could
command
temporall
punishments
,
but
not
inflict
them
,
Apostle
commanded
Iohn
commanded
I
must
consequently
grant
,
that
the
spirituall
Superiour
can
also
inflict
temporall
punishments
,
Heathen
,
Publican
in
granting
that
the
spirituall
Superiour
may
command
temporall
punishments
,
but
not
inflict
them
,
Deare
Countreymen
maine
subiect
holy
Scriptures
Moreouer
it
is
euident
in
the
holy
Scripture
,
that
our
droue
the
buyers
and
sellers
out
of
the
temple
with
whips
,
and
inflicted
the
punishment
of
death
(
whereof
I
shall
haue
occasion
to
speake
more
amply
in
the
next
Chapter
)
and
that
the
Magician
blinde
and
deliuered
the
incestuous
to
the
to
bee
corporally
afflicted
in
saith
he
All
which
were
corporall
,
and
temporall
punishments
.
Besides
that
the
saide
permitted
the
separation
of
man
,
and
wife
,
when
the
same
should
be
necessarie
for
the
saluation
of
the
soule
of
either
of
them
;
and
the
Church
also
doeth
,
and
may
in
like
case
permit
,
and
ordaine
the
same
,
not
only
for
the
benefite
of
the
party
innocent
,
but
also
for
the
iust
punishment
of
the
offender
.
Papall
authoritie
Regall
Maiestie
Sea
Apostolike
ordinarie
power
Our
Sauiour
Aduersarie
,
droue
the
buyers
,
and
sellers
out
of
the
Temple
with
whips
,
inflicted
the
punishment
of
death
vpon
and
S.
the
Magician
blind
and
deliuered
the
incestuous
to
the
to
bee
corporally
tormented
by
him
;
therefore
the
hath
power
to
doe
the
like
miraculous
S.
Hierome
Many
men
are
of
opinion
that
the
greatest
signes
our
did
,
was
that
was
raised
from
death
to
life
,
that
he
that
was
blinde
from
his
mothers
wombe
receiued
his
sight
,
that
at
Iordan
the
voice
of
the
Father
was
heard
,
that
hee
being
transfigured
in
the
mountaine
shewed
the
glory
of
a
Triumpher
.
Among
all
the
signes
,
which
hee
did
this
seemeth
to
me
more
wonderfull
,
that
one
onely
man
,
and
at
that
time
contemptible
,
and
so
abiect
that
afterwards
he
was
crucified
,
the
Scribes
and
Pharises
being
in
a
rage
against
him
,
and
seeing
their
commodities
destroyed
,
he
could
with
the
strokes
of
one
onely
whip
thrust
out
so
great
a
multitude
,
and
ouerthrow
the
tables
,
and
breake
the
chaires
,
and
doe
other
things
,
which
an
infinite
armie
had
not
done
.
For
some
certaine
fierie
,
and
starry
thing
did
glister
out
of
his
eyes
,
and
the
maiestie
of
did
shine
in
his
face
not
only
his
countenance
Abulensis
,
but
also
his
voice
might
be
terrible
to
them
,
as
it
was
to
those
armed
men
,
whom
the
Iewes
sent
to
apprehend
our
who
hearing
only
those
words
fell
backeward
.
Origen
Let
vs
consider
least
that
perchance
it
should
seeme
to
bee
out
of
square
,
that
the
sonne
of
taking
little
coards
doth
make
a
whip
to
cast
them
out
;
yet
one
refuge
is
left
,
the
diuine
power
of
that
when
he
would
hee
could
stop
the
anger
of
his
enemies
,
although
they
were
innumerable
.
This
present
historie
Origen
,
doth
in
nothing
shew
lesse
power
,
then
did
those
things
,
which
were
done
by
him
more
miraculously
:
yea
it
is
manifest
,
that
this
doth
shew
a
greater
power
,
then
the
miracle
,
wherein
water
was
turned
into
wine
,
for
that
there
a
matter
without
life
doeth
subsist
,
but
heere
the
wits
of
so
many
thousand
men
are
made
tame
,
or
ouerruled
.
Besides
that
the
said
Apostle
permitted
the
separation
of
man
,
and
wife
,
when
the
same
should
be
necessarie
for
the
saluation
of
the
soule
of
either
of
them
.
S.
Paul
that
in
the
like
case
the
may
ordaine
the
same
,
not
only
for
the
benefit
of
the
partie
innocent
,
but
also
for
the
iust
punishment
of
the
offender
,
Church
;
for
what
is
it
to
me
,
S.
Paul
to
iudge
of
them
that
are
without
,
for
them
that
are
without
will
iudge
that
the
Church
hath
power
to
inflict
temporall
punishments
,
and
that
I
contradicted
my selfe
in
granting
that
the
spirituall
Superiour
might
command
temporall
punishments
,
but
not
inflict
them
.
And
in
like
maner
there
is
no
doubt
,
but
that
the
may
punish
an
heretike
by
discharging
his
children
from
their
filiall
,
and
naturall
obligation
to
him
,
exempting
them
from
his
authoritie
,
when
it
shall
bee
necessarie
for
their
spirituall
good
,
as
it
may
appeare
by
a
Canon
of
the
fourth
Councell
of
which
ordaineth
,
that
the
baptized
children
of
shall
bee
separated
from
their
parents
,
least
they
may
be
infected
with
their
errour
.
And
the
like
is
to
bee
said
of
the
discharge
of
slaues
,
and
bondmen
from
the
power
,
and
authoritie
of
their
Lords
,
when
the
said
slaues
are
Catholikes
,
and
their
Lords
Heretikes
:
for
in
that
case
the
may
not
onely
prouide
for
the
soule
of
the
Catholike
,
but
also
iustly
punish
the
hereticall
Lord
,
by
granting
freedome
to
the
slaue
.
And
for
the
same
reason
the
hath
power
to
discharge
subiects
from
their
bond
of
obedience
,
and
allegiance
to
an
hereticall
when
there
is
euident
danger
of
their
soules
,
and
great
detriment
to
the
for
the
bond
of
allegiance
to
the
is
not
greater
then
the
obligation
of
the
Sonne
to
the
Father
,
the
Wife
to
the
Husband
,
and
the
slaue
to
his
Lord
.
de
Iust.
q.
secundae
tom.
de
Leg.
cap.
Sotus
,
Valentia
,
Vasquez
,
Suarez
,
Salas
,
S.
Thomas
that
God
himselfe
cannot
dispence
in
the
law
of
Nature
,
or
in
any
naturall
precept
contained
in
the
Decalogue
,
or
ten
Commandements
,
to
honour
Father
and
Mother
hath
authority
to
discharge
the
children
of
an
heretike
,
de
facto
de
facto
ciuill
authority
de
facto
de
patr.
potest
the
authoritie
,
which
Parents
haue
ouer
their
children
was
introduced
by
the
Ciuill
law
of
the
Romanes
,
from
the
time
,
Ciuill
Common-wealth
supreme
temporall
Prince
contra
D.
temporall
Princes
Soueraigne
Prince
naturall
obedience
temporall
Princes
Ciuill
law
si
decesserit
.
ff.
qui
satisdare
.
temporall
Prince
hereticall
Prince
temporall
Princes
That
the
bond
of
allegiance
to
the
is
not
greater
then
the
obligation
of
the
Sonne
to
the
Father
,
the
Wife
to
the
Husband
,
and
the
Slaue
to
his
Lord
,
temporall
Prince
de
lege
natura
,
due
by
the
law
de
l●ge
natura
,
due
by
the
law
of
nature
,
Chapter
.
Now
then
in
all
these
examples
it
is
euident
,
that
the
disposeth
of
that
,
which
is
temporall
to
spirituall
ends
,
and
therefore
my
Aduersary
hath
no
probabilitie
in
the
world
to
deny
,
that
a
spirituall
Superiour
may
punish
temporally
,
especially
granting
as
hee
doth
,
that
he
may
command
corporall
,
and
temporall
things
,
so
farre
foorth
as
they
serue
the
spirituall
.
that
I
haue
no
probabilitie
in
the
world
to
deny
that
a
spirituall
Superiour
may
inflict
temporall
punishments
,
may
punish
temporally
,
and
to
graunt
,
that
he
may
command
corporall
,
and
temporall
things
so
farre
foorth
,
as
they
serue
the
spirituall
.
Besides
that
himselfe
teacheth
also
in
his
that
spirituall
things
may
come
to
haue
the
nature
of
temporall
things
,
and
temporall
things
of
spirituall
,
that
is
to
say
(
as
he
himselfe
doth
explicate
)
whereof
hee
also
giueth
this
example
,
when
Ecclesiasticall
persons
doe
apply
their
spirituall
power
to
the
hurt
of
the
temporall
state
,
or
temporall
men
abuse
their
power
to
the
preiudice
of
the
spirituall
;
in
these
cases
he
saith
,
the
temporall
power
and
state
becommeth
subiect
to
the
spirituall
,
and
the
spirituall
to
the
temporall
by
reason
of
the
iniury
done
,
and
offence
committed
,
because
temporall
things
doe
thereby
come
to
haue
the
qualitie
of
spirituall
things
,
and
the
spirituall
also
of
temporall
.
Thus
teacheth
he
in
his
and
affirmeth
the
same
in
effect
in
his
per
se
Schulckenius
first
that
this
doctrine
is
altogether
intollerable
,
and
cannot
be
affirmed
but
by
one
who
is
giuen
to
a
reprobate
sense
for
that
as
there
is
not
the
same
reason
of
the
flesh
and
spirit
,
of
the
body
and
soule
,
of
sense
and
reason
,
of
earth
and
heauen
,
of
Beasts
and
Angels
,
of
the
sheepe
and
the
Pastour
,
especially
in
the
comparing
of
the
subiection
and
dominion
,
so
truely
there
is
not
the
same
reason
of
the
temporall
and
spirituall
power
.
to
be
razed
out
of
the
Canon
law
for
doting
olde
age
,
Marke
,
As
the
King
of
is
subiect
to
the
in
spiritualls
,
and
his
in
temporalls
,
so
is
the
sonne
of
according
to
the
flesh
,
and
his
according
to
his
Dietie
the
temporall
power
is
per
so
subiect
to
the
spirituall
,
that
the
spirituall
power
spirituall
Pastours
not
per
accident
,
and
by
reason
vniust
perturbing
the
publike
peace
subiect
to
the
temporall
power
,
second
part
Bishops
are
exempted
from
the
ciuill
power
is
a
most
false
,
and
intollerable
doctrine
,
Let
euery
soule
be
subiect
to
higher
powers
,
that
Cleargie
men
are
not
exempted
from
the
power
of
temporall
Princes
,
and
that
they
are
bound
to
obserue
their
lawes
,
not
only
by
force
of
reason
,
but
also
by
force
,
and
vertue
of
the
law
.
second
part
I
say
But
I
let
passe
absurd
,
and
impious
doctrine
,
destroying
the
naturall
subordination
of
temporall
things
to
spirituall
,
when
they
are
ioyned
in
one
body
,
(
which
I
haue
amply
2.
3.
proued
euen
by
the
law
of
Nature
)
and
I
only
wish
to
be
obserued
,
that
albeit
we
should
grant
it
to
be
true
(
as
it
is
most
false
)
that
spirituall
,
and
temporall
things
may
take
the
nature
,
the
one
of
the
other
equally
,
by
reason
of
some
sinne
annexed
,
yet
it
would
follow
thereon
,
that
the
spirituall
Superiour
may
punish
euen
in
temporall
things
,
because
according
to
this
doctrine
,
temporall
things
doe
become
spirituall
,
when
the
consideration
of
sinne
entereth
,
whereby
also
they
are
made
proper
to
the
spirituall
communitie
,
and
consequently
may
be
vsed
,
and
applyed
by
the
spirituall
Superiour
to
the
punishment
of
his
subiects
.
[
equally
[
equally
temporall
Princes
Cleargie
men
temporall
Prince
that
the
spirituall
Superiour
may
punish
in
temporall
things
,
may
inflict
temporall
punishments
temporall
punishments
spirituall
things
temporall
punishments
temporall
Princes
temporall
punishments
spirituall
things
spirituall
punishments
temporall
punishments
Also
if
temporall
things
may
be
come
spirituall
why
shall
they
not
also
haue
a
spirituall
nature
,
and
qualitie
by
the
connexion
of
some
vertue
,
and
specially
when
they
are
applied
,
as
I
haue
said
before
,
to
a
spirituall
end
as
to
the
seruice
and
glory
of
which
is
the
end
of
all
things
spirituall
,
and
temporall
:
to
which
purpose
it
may
be
obserued
,
that
S.
exhorted
the
to
exhibite
their
bodies
giuing
to
vnderstand
,
that
our
bodies
,
goods
,
and
what
temporall
thing
soeuer
is
subiect
to
our
soule
(
being
dedicated
and
applyed
to
seruice
,
and
the
good
of
the
soule
)
is
sanctified
therby
,
and
becommeth
Whereupon
it
followeth
that
whensoeuer
a
spirituall
Superiour
punisheth
his
temporall
subiects
in
their
bodies
,
or
goods
for
satisfaction
of
their
sinnes
,
and
for
the
seruice
of
God
,
and
the
and
the
good
of
soules
,
their
corporall
and
temporall
punishments
becommeth
by
reason
of
the
end
,
and
the
vertue
annexed
,
and
consequently
is
most
lawfull
and
iust
euen
according
to
my
Aduersarie
owne
doctrine
Whereto
I
also
adde
,
that
whereas
he
must
needes
grant
the
same
in
this
case
:
for
albeit
temporall
goods
haue
no
naturall
proportion
with
spirituall
things
,
yet
they
haue
a
morall
proportion
therewith
,
because
they
are
not
able
instruments
of
good
workes
,
in
which
respect
S.
and
other
good
workes
albeit
they
consist
in
the
vse
and
imployment
of
temporall
things
;
and
therefore
when
temporall
things
are
necessarie
to
a
spirituall
end
,
they
may
be
disposed
of
by
the
as
proportionate
to
the
end
whereto
they
are
necessarie
.
corporall
punishments
spirituall
things
spirituall
punishments
temporall
punishments
spirituall
things
temporall
things
temporall
punishments
spirituall
directiue
spirituall
coerciue
temporall
punishments
spirituall
things
spirituall
Censures
temporall
punishments
temporall
coerciue
that
euery
Superiour
may
,
according
to
my
doctrine
,
punish
his
Subiect
with
penalties
proportionate
to
his
authoritie
,
temporall
punishments
manifest
absurditie
But
now
if
together
with
all
this
we
consider
the
naturall
subordination
of
temporall
things
to
spirituall
(
whereof
I
haue
sufficiently
treated
before
2
3.4
absurdity
will
be
most
manifest
,
as
well
in
denying
,
that
the
spirituall
Superiour
may
punish
his
subiect
in
his
person
,
or
temporall
goods
for
a
spirituall
end
,
as
in
affirming
that
the
spirituall
power
may
become
subiect
to
the
temporall
,
no
lesse
then
the
temporall
to
the
spirituall
,
as
though
there
were
no
subordination
or
subiection
of
the
one
to
the
other
;
wherein
he
peruerteth
the
whole
course
of
Nature
,
no
lesse
then
if
he
should
say
that
in
some
cases
the
soule
may
be
subiect
to
the
body
,
heauen
to
earth
,
religion
to
policie
,
Angels
to
men
,
and
God
to
the
world
;
whereby
you
may
still
see
what
probable
arguments
,
and
answers
he
affordeth
his
Reader
,
for
the
assurance
and
security
of
their
consciences
,
Preface
num
&
seq
and
that
he
had
great
reason
to
protest
(
as
you
may
remember
I
haue
signified
in
the
Preface
)
that
his
meaning
is
not
to
lay
downe
any
demonstrations
or
infallible
arguments
for
the
proofe
or
defence
of
his
opinion
.
For
truely
all
that
he
saith
,
doth
demonstrate
nothing
else
,
but
the
weakenesse
of
his
cause
,
and
his
owne
wilfulnesse
,
if
not
of
malice
,
in
defending
such
an
improbable
and
extrauagant
as
this
is
,
which
hee
holdeth
and
defendeth
contrary
to
the
vniuersall
and
continuall
custome
of
the
grounded
vpon
the
holy
Scriptures
,
the
practise
of
the
and
the
decrees
of
and
finally
contrary
to
the
whole
course
of
the
as
it
will
euidently
appeare
in
the
ensuing
Chapters
:
and
as
in
his
late
for
the
and
diuers
others
haue
sufficiently
shewed
:
and
amongst
our
learned
Countrimen
hath
clerely
&
soundly
proued
it
in
his
booke
intituled
wherein
he
battereth
all
the
foundations
of
my
Aduersarie
doctrine
,
and
fully
confuteth
him
,
as
well
in
all
other
points
,
as
in
this
,
touching
the
power
to
punish
temporally
,
which
hee
doth
learnedly
and
amply
demonstrate
,
as
well
by
the
holy
as
by
many
examples
of
the
practise
,
to
wit
,
by
diuers
kinde
of
diuorces
,
by
the
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
,
and
finally
,
by
the
imposition
of
temporall
penalties
,
almost
vsuall
,
and
ordinarie
in
the
practise
of
the
as
hee
sheweth
very
particularly
by
the
I
forbeare
for
breuities
sake
to
prosecute
these
points
in
particular
;
only
I
shall
haue
iust
occasion
to
treate
now
and
then
of
the
infliction
of
temporall
penalties
,
in
answer
of
my
pertinent
obiections
out
of
the
which
I
hope
may
suffice
,
for
as
much
as
I
haue
vndertaken
to
performe
in
this
briefe
in
abstracto
temporall
Princes
spirituall
Pastours
temporall
Princes
spirituall
Pastours
spirituall
Pastours
temporall
Princes
Catholike
Church
Pope
Gregorie
varia
creat
that
contrarie
to
the
custome
of
his
Ancestours
deposed
the
Emperour
:
A
thing
vnheard
of
before
that
age
:
Canon
law
Iohn
Barclay
D.
Weston
respondea●
stulto
iuxto
stultitiam
suam
Secular
Princes
Petr.
Sot
.
ciuill
authoritie
temporall
Princes
So
also
our
Lord
ordained
for
them
that
preach
the
Gospel
to
liue
of
the
Gospell
.
Fa
Lessius
Rhetoricall
flourish
Religious
Priests
Ciuill
Common-wealth
supreame
gouernours
Whatsoeuer
thou
shalt
loose
,
&c.
Now
let
vs
see
how
my
Aduersarie
proceedeth
,
who
hauing
giuen
his
reason
(
though
so
weake
as
you
haue
heard
)
why
hee
thinketh
it
to
bee
against
reason
,
that
a
spirituall
Superiour
should
punish
temporally
,
vndertaketh
to
answere
one
place
onely
alleadged
by
me
out
of
the
old
law
,
and
foure
out
of
the
new
,
omitting
to
say
any
thing
else
in
particular
to
all
the
other
places
,
and
arguments
,
which
I
vrged
out
of
the
law
of
God
,
and
Nature
.
bee
against
contra
naturam
,
secundum
naturam
,
praeter
against
nature
,
according
to
nature
,
besides
and
aboue
nature
,
against
Nature
It
cannot
bee
prooued
by
the
that
a
spirituall
Superiour
may
punish
temporally
,
it
is
against
the
law
of
Nature
that
a
spirituall
Superiour
may
punish
temporally
.
positiue
institution
old
law
Ciuill
law
a
figure
Bellarmine
,
hath
that
place
in
the
which
the
punishment
of
death
had
in
the
Old
Testament
,
and
which
the
Common-wealth
hath
in
temporals
.
Excommunication
doth
this
now
in
the
Church
,
which
killing
or
death
did
then
in
the
Old
Testament
.
Deuteronomy
,
He
shall
be
slaine
,
and
thou
shalt
take
away
the
euill
from
amidst
thee
,
Auferte
malum
ex
vobis
ipsis
,
Take
away
euill
from
among
your selues
.
That
the
materiall
sword
which
vsed
in
the
Old
Testament
,
was
a
figure
of
the
degradations
and
excommunications
which
are
to
be
vsed
in
the
new
law
,
seeing
that
in
the
discipline
of
the
Augustine
,
the
visible
sword
shall
cease
.
Thus
saith
my
Aduersary
wherein
he
rather
fortifieth
and
strengtheneth
our
cause
,
then
weakeneth
or
hurteth
it
any
way
.
For
if
you
note
well
what
saith
,
and
inferreth
,
he
prooueth
nothing
else
,
but
that
the
penalty
of
temporall
or
corporall
death
is
not
now
inflicted
in
the
new
Testament
,
as
it
was
in
the
old
,
and
that
the
same
is
now
turned
to
the
spirituall
death
of
the
soule
by
which
we
denie
not
.
But
will
he
inferre
hereupon
,
that
therefore
the
cannot
now
inflict
other
temporall
penalties
?
So
should
he
make
a
very
absurd
inference
,
especially
seeing
that
the
penalty
of
which
,
as
he
himselfe
granted
,
supplyeth
the
place
of
corporall
death
,
includeth
a
temporall
punishment
by
the
separation
of
the
delinquent
from
the
conuersation
of
men
,
and
from
diuers
other
temporall
commodities
,
as
I
haue
shewed
in
the
last
Chapter
That
the
penalty
of
corporall
death
is
not
now
inflicted
in
the
new
Testament
as
it
was
in
the
olde
,
and
that
the
same
is
now
turned
to
the
spirituall
death
of
the
soule
by
excommunication
,
corporall
death
hereby
rather
fortifie
and
strengthen
,
then
weaken
or
hurt
any
way
his
cause
:
But
will
inferre
hereupon
,
that
therefore
the
Church
cannot
now
inflict
other
temporall
penalties
?
So
should
he
make
a
very
absurd
inference
,
especially
,
seeing
that
the
penalty
of
Excommunication
includeth
a
temporall
punishment
,
&c.
The
penalty
of
corporall
death
is
now
in
the
new
law
turned
to
the
death
of
the
soule
by
Excommunication
.
separation
from
the
Ecclesiasticall
conuersation
of
the
faithfull
,
owne
nature
Besides
that
it
is
euident
,
that
in
the
olde
Testament
euen
the
temporall
Princes
themselues
were
punished
by
depriuation
of
their
right
to
their
temporall
states
,
and
dominions
as
by
one
of
the
children
of
the
Prophets
,
who
being
sent
by
King
of
Israel
,
to
the
end
he
might
destroy
&
all
the
house
of
was
not
only
corporally
expelled
out
of
the
temple
by
the
&
confined
by
their
sentence
to
liue
priuately
is
his
own
house
but
(
according
to
the
opinion
&
doctrine
of
he
ought
also
to
haue
beene
wholy
depriued
of
the
gouernment
,
as
I
haue
signified
before
at
large
.
And
therefore
seeing
he
telleth
vs
how
the
penalty
of
corporall
death
(
which
was
ordained
in
the
olde
Testament
)
is
now
fulfilled
spiritually
in
the
new
;
let
him
also
tell
vs
,
to
what
spirituall
punishment
the
depriuation
of
right
to
their
states
,
and
other
temporall
penalties
then
vsuall
,
are
now
conuerted
,
to
the
end
that
wee
may
see
the
correspondence
of
the
to
the
in
matters
of
punishment
and
in
the
meane
time
let
him
acknowledge
,
according
to
his
owne
doctrine
,
and
instance
here
produced
,
that
the
may
punish
temporally
,
seeing
it
may
excommunicate
and
consequently
depriue
men
of
many
temporall
commodities
.
olde
Testament
Samuel
,
Elias
How
long
dost
thou
mourne
whom
I
haue
reiected
,
that
hee
rule
not
ouer
Israel
?
Fill
thy
horne
with
oyle
,
and
come
,
that
I
may
send
thee
to
the
Bethleemite
,
for
I
haue
prouided
me
a
King
among
his
Sons
.
Elias
)
and
returne
into
thy
way
by
the
desert
of
and
when
thou
art
come
thither
,
thou
shalt
annoint
King
ouer
the
Sonne
of
thou
shalt
annoint
King
ouer
the
Sonne
of
thou
shalt
annoynt
Prophet
for
thee
.
Elizeus
;
And
holding
the
little
boxe
of
oyle
,
thou
shalt
power
vpon
his
head
,
and
shalt
say
,
Thus
saith
our
Lord
,
I
haue
annointed
thee
Aduersary
,
to
what
spirituall
punishment
the
depriuation
of
right
to
their
States
,
and
other
temporall
penalties
then
vsuall
,
are
now
conuerted
,
to
the
end
wee
may
see
the
correspondence
of
the
to
the
in
matters
of
punishment
Excommunication
Maior
that
I
must
acknowledge
according
to
my
owne
doctrine
,
that
the
Church
may
punish
temporally
,
seeing
that
shee
may
excommunicate
,
Quodcunque
solueris
super
terram
Whatsoeuer
thou
shalt
loose
vpon
earth
,
Feede
my
sheepe
otherwise
the
Ecclesiasticall
common-wealth
should
bee
imperfect
,
and
not
sufficient
for
it selfe
,
Whatsoeuer
thou
shalt
loose
Feede
my
sheepe
That
which
saith
in
his
concerning
these
two
texts
all●dged
out
of
the
Gospell
,
is
no
other
but
to
prooue
,
that
gaue
thereby
to
S.
a
spirituall
authoritie
onely
,
which
we
willingly
grant
,
as
D.
in
Apolog.
c.
in
his
answere
for
Cardinall
hath
declared
sufficiently
,
and
tolde
my
Aduersary
withall
,
how
vainely
he
hath
laboured
with
a
long
discourse
,
and
many
idle
words
to
prooue
that
,
which
neither
the
nor
any
other
Catholike
will
deny
.
For
wee
willingly
grant
,
saith
that
the
power
is
formally
spirituall
,
though
virtually
it
is
also
temporall
,
extending
it selfe
to
temporall
things
so
farre
forth
,
as
they
are
subordinate
to
the
spirituall
,
and
the
necessitie
of
the
Church
shall
require
.
So
hee
.
and
afterwards
he
also
explicateth
the
same
in
these
words
For
our
soule
,
saith
he
,
is
a
spirit
,
and
hath
a
spirituall
power
,
and
yet
it
doth
not
onely
thereby
gouerne
the
body
which
is
subiect
vnto
it
,
but
doth
also
chastise
it
with
corporall
punishments
,
as
watching
,
hairecloth
,
fasting
,
and
whipping
.
And
therefore
if
did
say
,
that
the
doth
iudge
the
faults
of
and
vpon
their
desert
depriue
them
sometimes
of
their
gouernment
by
a
temporall
power
,
his
Aduersary
should
say
somewhat
to
the
purpose
;
but
now
seeing
that
saith
,
that
the
vseth
a
spirituall
power
,
when
hee
depriueth
of
their
States
,
for
spirituall
and
Ecclesiasticall
crimes
(
such
as
heresies
and
Schismes
are
)
his
Aduersary
doth
idlely
beate
the
ayre
,
&c.
for
he
should
haue
prooued
,
that
a
supreme
spirituall
power
cannot
extend
it selfe
to
dispose
of
temporall
things
,
as
they
are
referred
to
spirituall
things
.
Thus
saith
And
thereof
my
Aduersary
might
haue
taken
notice
,
if
it
had
pleased
him
,
when
he
referred
me
,
and
his
Readers
to
his
for
answere
to
those
places
.
For
albeit
he
may
perhaps
pretend
that
hee
had
not
seene
his
Apologie
for
the
before
hee
had
ended
his
yet
it
is
euident
,
that
he
had
seene
,
and
read
it
before
he
wrote
his
to
the
Reader
,
wherein
he
writeth
against
me
.
For
he
not
onely
maketh
mention
therein
of
the
but
also
carpeth
at
him
for
some
things
that
hee
handleth
;
and
therefore
if
he
had
meant
sincerely
,
he
would
not
haue
remitted
vs
to
his
owne
for
this
point
,
without
some
confutation
of
his
Answere
thereto
;
I
meane
of
so
much
as
concerneth
this
matter
.
For
otherwise
he
may
multiply
bookes
,
and
write
of
this
controuersie
as
long
as
he
liueth
,
and
all
to
no
purpose
,
if
he
will
still
stand
vpon
his
first
grounds
,
and
dissemble
the
answeres
that
are
made
thereto
:
and
therefore
as
hee
remitteth
me
to
his
so
I
remit
him
also
to
the
answere
of
which
I
haue
partly
laide
downe
heere
,
and
may
be
seene
more
at
large
in
him
.
And
this
shall
suffice
for
this
point
.
Bellarmine
,
nor
any
other
Catholike
will
deny
,
to
wit
,
that
gaue
to
S.
a
spirituall
authoritie
onely
that
neither
Cardinall
nor
any
other
will
deny
that
gaue
thereby
to
S.
a
spirituall
authoritie
onely
Peter
,
to
binde
and
loose
to
feede
his
sheepe
S.
Peter
temporall
bindings
And
although
it
be
generally
said
by
Christ
our
Sauiour
,
whatsoeuer
thou
shalt
binde
,
&c.
yet
without
doubt
neither
is
that
word
[
whatsoeuer
]
to
bee
taken
in
it
whole
latitude
or
generality
,
or
,
as
the
Logicians
say
,
with
a
complete
distribution
,
but
with
some
limitation
,
or
accommodate
distribution
,
neither
did
Christ
our
Sauiour
speake
of
euery
binding
,
but
only
of
a
certaine
,
&
determinate
binding
.
And
by
the
words
that
go
before
,
to
wit
[
the
keyes
of
the
kingdome
of
heauen
]
and
by
those
that
follow
[
&
in
caelis
,
also
in
heauen
]
it
is
plaine
enough
,
that
this
bond
,
which
the
Ecclesiasticall
power
may
by
the
institution
of
Christ
,
binde
and
loose
,
is
not
a
temporall
●●nd
,
but
that
it
appertaineth
to
a
heauenly
and
spirituall
binding
.
Whereupon
the
Interlineall
Glosse
,
expounding
those
wordes
Matth.
18.
What
things
soeuer
you
shall
binde
,
with
the
bond
,
saith
hee
,
of
Anathema
.
Which
also
Franciscus
Suarez
,
a
most
famous
Diuine
,
of
the
Societie
of
Iesus
doth
expresly
affirme
:
But
that
,
which
is
added
,
saith
he
,
u
u
Tom.
●
.
disp.
1.
sec.
2.
nu.
5.
Erit
ligatum
&
in
caelo
,
Shall
bee
bound
also
in
heauen
,
doth
sufficiently
declare
,
this
power
not
to
be
naturall
,
but
supernaturall
,
and
that
bond
(
marke
this
word
,
bond
)
to
be
spirituall
,
and
of
a
superiour
,
or
higher
order
.
And
Ioannes
Parisiensis
,
To
that
,
saith
hee
,
x
x
In
Tract
.
de
potest
.
Regia
,
&
Papa●
c.
15.
which
is
secondly
obiected
.
Whatsoeuer
you
shall
loose
,
&c.
I
answere
according
to
Chrysostome
,
and
Rabanus
,
that
by
this
no
other
power
is
vnderstood
to
bee
giuen
,
but
spirituall
,
to
wit
,
(
obserue
that
which
followeth
)
to
absolue
from
the
bond
of
sinnes
.
For
it
were
foolish
to
vnderstand
,
that
by
this
is
giuen
authoritie
to
absolue
from
the
bond
of
debts
.
Thus
I
answered
in
my
Apologie
.
Good
Reader
that
I
haue
laboured
houre
euen
with
sweate
,
and
vainly
spent
many
words
only
to
proue
by
those
two
authorities
of
holy
Scripture
,
that
the
Pontificall
power
is
spiritually
which
neither
Card.
nor
they
doe
deny
,
but
willingly
grant
:
such
wounded
,
seared
,
or
canteriate
consciences
,
The
soule
is
a
spirit
hath
a
spirituall
power
,
yet
it
doth
also
chastice
the
body
second
part
)
with
corporall
punishments
,
as
watching
,
hairecloath
,
fasting
,
and
whipping
.
temporall
bindings
temporall
bonds
temporall
bindings
ciuil
power
temporall
power
Bellarmines
second
The
Ecclesiasticall
common-wealth
ought
to
be
perfect
,
and
sufficient
for
it selfe
in
order
to
her
end
,
for
such
are
all
well
established
Common-wealths
,
therefore
shee
ought
to
haue
all
power
necessary
to
the
attaining
of
her
end
,
but
power
to
vse
,
and
to
dispose
of
temporalls
is
necessary
to
the
spirituall
end
,
because
otherwise
wicked
might
without
punishment
fauour
heretickes
,
and
ouerthrow
religion
,
therefore
she
hath
also
this
power
.
To
this
argument
I
answered
in
my
Apologie
,
a
a
Nu.
176.
177.
&
seq.
first
by
,
distinguishing
that
equiuocall
proposition
,
The
Ecclesiastical
Common-wealth
ought
to
be
perfect
,
and
to
haue
all
power
sufficient
and
necessary
to
the
attaining
of
her
end
,
which
is
the
eternall
saluation
of
soules
.
For
first
the
sense
of
that
proposition
may
bee
,
that
the
Church
hath
such
a
sufficient
power
to
obtaine
her
end
,
which
is
the
saluation
of
soules
,
that
she
can
actually
bring
all
soules
to
Paradise
,
and
can
take
away
all
the
obstacles
,
and
lets
,
which
can
any
wise
hinder
the
saluation
of
soules
,
which
sense
those
wordes
of
Cardinall
Bellarmine
b
b
In
Resp.
ad
Tract
.
Gersonii
de
valid
.
Excom.
in
consid
.
11.
may
haue
,
which
affirme
,
that
the
Pope
can
effect
all
that
,
which
is
necessary
to
bring
soules
to
Paradise
,
and
that
he
can
remoue
all
the
impedements
,
which
the
world
,
or
the
Deuill
withall
their
forces
and
sleights
can
oppose
:
And
this
sense
is
plainly
false
,
and
very
well
impugned
by
Paulus
Venetus
in
his
Italian
Apologie
,
c
c
Fol.
57.
col●●n
.
2.
both
for
that
the
Pope
hath
no
sufficient
meanes
to
saue
an
infant
in
the
mothers
wombe
,
whom
she
cannot
bring
foorth
aliue
(
because
it
is
not
lawfull
to
cut
the
mothers
wombe
,
that
the
childe
may
be
baptized
)
or
to
saue
him
,
who
being
in
mortall
sinne
,
is
fallen
mad
,
vntill
he
returne
to
his
wits
againe
,
which
neuerthelesse
is
not
in
the
Popes
power
:
Also
the
Pope
hath
no
power
ouer
the
internall
motions
of
the
minde
,
which
are
very
necessary
to
saluation
:
Also
for
that
there
should
neither
bee
Turkes
,
nor
Infidels
,
nor
Heretickes
,
nor
so
much
as
euill
Christians
without
the
Popes
great
fault
,
if
hee
could
effect
all
that
,
which
is
necessarie
to
bring
soules
to
Paradise
,
and
could
remooue
all
those
things
,
which
doe
hinder
the
obtaining
of
eternal
saluation
.
The
Ecclesiasticall
common-wealth
ought
to
bee
perfect
,
&c.
Paulus
Venetus
.
I
answere
My
Aduersarie
had
done
well
,
if
when
hee
related
his
arguments
and
vnnecessarie
subtilties
,
hee
had
also
adioyned
Cardinall
answere
:
For
so
both
hee
had
done
the
a
pleasure
,
and
also
had
eased
vs
of
the
paines
to
answere
.
But
it
is
well
,
that
his
arguments
are
not
such
,
that
we
must
labour
much
to
answere
them
.
For
that
which
said
,
that
is
to
be
vnderstood
in
this
sense
,
that
the
power
is
not
limited
,
or
restrained
,
as
it
is
in
men
of
inferiour
Orders
,
but
it
is
most
ample
,
and
most
great
,
and
therefore
the
whole
and
full
to
giue
Sacraments
,
Indulgences
,
Benefices
,
to
make
lawes
,
Decrees
,
Canons
,
to
dispense
in
Oathes
,
lawes
,
vowes
,
to
examine
,
iudge
,
punish
,
and
that
in
euery
It
is
to
be
added
that
these
things
are
to
be
vnderstood
,
for
as
much
as
concerneth
the
part
,
and
in
a
matter
fit
to
receiue
his
action
.
And
therefore
no
maruaile
if
the
cannot
bring
to
saluation
soules
obstinate
in
heresie
,
or
in
sinnes
especially
internall
.
For
it
is
their
owne
fault
,
not
the
seeing
that
he
doth
apply
remedies
of
themselues
effectual
,
if
they
themselues
would
admit
them
.
So
also
it
is
no
meruaile
if
the
cannot
apply
a
remedy
to
an
infant
being
in
danger
in
the
mothers
wombe
,
because
such
an
infant
is
not
capable
of
the
helpe
.
And
the
same
reason
is
of
a
man
,
who
when
he
hath
committed
a
mortall
sinne
falleth
madde
,
&c.
Paulus
Venetus
The
Pope
can
effect
all
that
,
which
is
necessary
to
bring
soules
to
Paradise
,
and
can
remooue
all
the
impediments
,
which
the
world
,
and
the
Deuill
with
all
their
forces
and
sleights
can
oppose
.
The
Pope
can
remooue
all
the
impediments
to
saluation
which
the
Deuill
with
all
his
force
and
sleight
can
oppose
,
those
impediments
all
impediments
formally
,
properly
spirituall
Pastour
temporall
Monarch
formally
,
properly
Iacobus
Almainus
that
there
is
so
great
a
controuersie
among
concerning
the
plenitude
,
or
fulnesse
of
Ecclesiasticall
power
,
and
to
what
things
it
is
extended
,
that
in
this
matter
there
are
few
things
secure
,
or
without
doubt
:
so
that
,
as
,
saith
,
it
would
bee
very
necessarie
in
these
times
,
that
wise
men
being
compelled
by
Oaths
,
and
horrible
threatnings
to
speake
the
trueth
should
declare
,
what
things
doe
belong
to
the
plenitude
of
Ecclesiasticall
power
,
Generall
Councell
Iohn
Gerson
Papall
authoritie
generall
Councell
generall
Councell
The
Councell
doth
ordaine
,
define
,
decree
,
and
determine
,
And
first
it
doth
declare
that
the
said
being
gathered
in
the
holy
Ghost
,
making
a
generall
Councell
,
and
representing
the
Catholike
Church
,
hath
immediately
from
authority
,
which
euery
man
of
what
state
or
dignity
soeuer
,
although
it
be
is
bound
to
obey
in
those
things
which
belong
to
faith
,
and
to
the
rooting
out
of
the
said
Schisme
,
and
to
the
reforming
of
the
said
Church
in
the
head
and
members
.
Also
it
doth
declare
that
euery
man
of
whatsoeuer
condition
,
state
or
dignity
hee
bee
,
although
it
be
that
shall
obstinately
contemne
to
obey
the
commaundes
,
statutes
,
decrees
,
or
precepts
of
this
sacred
Synode
,
being
lawfully
gathered
concerning
the
aforesaid
,
or
appertaining
to
any
of
them
,
made
,
or
to
be
made
,
vnlesse
he
shall
repent
,
let
him
be
subiect
to
condigne
pennance
,
and
be
deseruedly
punished
,
by
hauing
also
recourse
(
if
it
shal
be
needfull
)
to
other
helps
of
law
:
Pope
Eugenius
&
in
Secondly
therefore
,
the
meaning
of
Cardinall
Bellarmines
aforesaid
proposition
[
The
Ecclesiasticall
common-wealth
ought
to
bee
perfect
,
and
to
haue
all
power
sufficient
and
necessarie
,
&c.
]
may
bee
,
that
the
Church
hath
all
power
sufficient
,
and
necessarie
in
order
to
her
ende
,
which
is
the
saluation
of
soules
,
in
respect
of
the
power
it selfe
and
not
in
respect
also
of
all
those
things
which
are
in
any
wise
necessarie
,
that
the
power
may
actually
worke
her
effect
.
As
the
power
,
for
example
of
the
Sunne
to
giue
light
,
may
bee
vnderstood
sufficient
,
either
in
respect
of
the
power
it selfe
to
giue
light
,
or
in
respect
also
of
those
things
,
which
doe
any
way
concurre
to
the
actuall
giuing
of
light
and
which
things
,
if
they
bee
wanting
,
will
hinder
the
giuing
of
light
,
of
which
sort
are
a
proportionate
distance
,
a
capable
,
and
well
disposed
subiect
.
And
although
the
Sunne
hath
not
sufficient
,
power
to
remoue
all
those
impediments
,
which
may
hinder
her
actuall
giuing
of
light
,
for
so
it
should
draw
the
body
that
is
to
bee
enlightened
within
a
sufficient
distance
,
and
make
it
also
diaphanum
,
cleare
,
or
perspicuous
,
which
to
doe
is
not
is
the
power
of
the
Sunne
neuerthelesse
what
man
can
therefore
deny
,
that
the
Sunne
hath
a
perfect
power
,
and
of
it selfe
sufficient
to
enlighten
?
And
in
this
sense
the
aforesaid
antecedent
proposition
is
true
;
For
the
Christian
common-wealth
,
or
the
Church
of
Christ
hath
a
perfect
,
and
sufficient
power
for
it selfe
to
bring
soules
to
the
kingdome
of
heauen
,
for
as
much
as
belongeth
to
the
power
it selfe
,
which
neuerthelesse
doeth
suppose
the
subiect
to
bee
otherwise
apt
,
and
well
disposed
.
For
she
hath
power
granted
her
by
Christ
to
giue
grace
,
whereby
we
may
come
to
the
kingdome
of
heauen
,
to
Infants
by
the
Sacrament
of
Baptisme
,
and
to
men
of
discretion
also
by
other
Sacraments
,
but
especially
of
Penance
,
by
which
the
Priest
,
as
a
Minister
of
Christ
by
vertue
of
the
keyes
,
which
he
hath
receiued
from
Christ
absolueth
from
sinnes
,
and
giueth
grace
,
neuerthelesse
this
power
to
worke
actually
her
effect
,
supposeth
certaine
necessarie
dispositions
on
the
behalfe
of
the
persons
who
are
to
receiue
the
Sacraments
,
as
well
in
Infants
,
as
in
men
of
discretion
,
which
dispositions
the
Church
hath
not
alwayes
power
to
procure
.
Also
,
besides
this
power
,
which
the
Diuines
call
of
Order
,
the
Church
hath
also
power
of
Iurisdiction
;
for
shee
hath
authoritie
to
preach
the
word
of
GOD
,
to
correct
sinners
,
to
make
lawes
,
and
to
punish
the
transgressours
with
Ecclesiasticall
,
or
spirituall
punishments
:
For
as
the
Church
,
and
the
Ecclesiasticall
power
is
spirituall
,
so
also
she
ought
to
haue
meanes
proportionate
to
such
an
end
.
Wee
graunt
therefore
the
antecedent
proposition
in
this
sense
,
which
we
haue
now
declared
,
but
we
deny
,
&c.
I
answere
although
all
this
doe
make
little
or
nothing
to
the
soluing
of
Cardinall
argument
,
but
to
the
enlarging
of
the
volume
of
his
booke
they
make
much
,
yet
I
would
relate
what
hee
hath
said
,
for
that
I
saw
certaine
things
to
bee
noted
therein
.
Sea
Apostolike
S.
Leo
,
Ecclesiastica
lenitas
refugit
cruentas
vltiones
,
Ecclesiasticall
lenitie
doeth
shunne
cruell
punishments
,
S.
Peter
it
is
to
bee
obserued
,
that
my
Aduersarie
I
know
not
with
what
cunning
hath
transferred
the
question
from
the
Ecclesiasticall
common-wealth
,
as
it
is
distinguished
from
the
Common-wealth
of
Christian
Laikes
,
to
the
Christian
Common-wealth
,
or
the
as
it
is
distinguished
from
the
companie
of
Pagans
,
and
infidels
.
For
in
argument
the
Ecclesiasticall
Common-wealth
is
taken
in
the
and
not
in
the
sense
:
But
answereth
of
the
Christian
common-wealth
,
as
it
comprehendeth
Church-men
,
and
Lay-men
.
Let
he
himselfe
see
with
what
simplicitie
hee
did
it
,
who
otherwise
doeth
seeme
so
scrupulously
to
shunne
equiuocations
.
176.
180.
that
Kings
,
and
Bishops
,
Cleargie-men
,
and
Lay-men
doe
not
make
two
common-wealths
,
but
one
onely
,
that
is
,
one
Church
.
Ecclesiasticall
common-wealth
Secondly
,
it
is
to
bee
obserued
,
that
which
heere
disputeth
of
an
apt
,
and
well
disposed
subiect
,
that
the
Ecclesiasticall
power
may
therein
worke
her
effect
,
to
be
true
,
and
that
Cardinall
hath
the
same
in
his
answere
to
the
obiections
of
and
yet
that
after
his
accustomed
vprightnesse
commended
the
argument
of
and
dissembled
Card.
that
I
dissembled
Cardinall
answere
is
very
vntrue
Hierome
,
ex
verbis
inordinate
prolatis
incurritur
haeresis
,
haeresie
is
incurred
by
wordes
inordinately
vttered
,
it
is
to
bee
obserued
,
that
whiles
hee
declareth
what
punishments
the
can
inflict
vpon
her
subiects
that
shall
offend
,
maketh
mention
onely
of
spirituall
punishments
,
as
though
the
cannot
inflict
also
temporall
punishments
,
whereof
see
what
wee
haue
said
aboue
vpon
the
True
it
is
temporall
Princes
apprehending
an
excommunicated
person
it
is
to
bee
obserued
,
that
whiles
declareth
the
power
of
Iurisdiction
,
not
without
mysterie
,
hee
hath
said
nothing
of
the
power
to
absolue
from
oaths
,
and
vowes
,
and
other
things
of
that
kind
.
&
in
I
answere
whether
the
power
to
vse
and
to
dispose
of
the
temporals
of
all
Christians
be
necessary
to
the
for
her
end
,
is
the
principall
question
,
which
is
in
controuersie
,
denyeth
.
But
whiles
he
denyeth
,
he
is
so
destitute
of
Patrons
and
Doctours
,
that
also
whom
in
his
booke
he
more
often
citeth
for
his
opinion
,
then
any
other
,
is
flat
against
him
,
&c.
That
it
is
not
absolutely
necessary
to
resist
the
common
enemie
,
as
is
the
Turke
.
For
if
the
Church
could
be
conuersant
vnder
the
most
cruell
persecutions
of
why
can
she
not
also
vnder
the
persecution
of
the
Turkes
?
Ioannes
Parisiensis
absolute
necessity
Whereas
it
is
necessarie
o
Chysaori
,
But
thou
wilt
say
that
this
power
to
dispose
of
temporals
,
is
not
proportionate
to
the
end
of
the
Ecclesisticall
power
,
which
is
spirituall
.
I
answere
first
,
that
this
power
to
dispose
of
temporals
in
the
is
not
temporall
,
but
spirituall
,
and
eminently
temporall
;
and
therefore
it
is
very
well
proportionate
to
a
spirituall
end
.
I
answere
secondly
that
temporall
goods
,
and
the
power
it selfe
ouer
temporall
goods
,
haue
indeede
no
naturall
proportion
with
spirituall
,
but
they
haue
a
very
great
morall
proportion
,
which
for
the
present
is
sufficient
.
For
temporall
goods
are
spirituall
instruments
of
good
workes
,
in
which
respect
S.
&
other
good
works
although
corporall
Wherfore
as
the
spirit
in
man
disposeth
of
corporall
actions
,
as
Almes
,
fastings
,
chastising
of
the
flesh
,
and
such
like
as
they
are
necessary
to
the
health
of
the
soule
,
so
the
of
the
may
in
order
to
a
spirituall
end
dispose
of
temporall
goods
,
which
for
the
same
reason
that
they
are
necessary
to
the
obtaining
of
that
end
,
for
the
same
reason
they
are
said
to
be
proportionate
to
the
same
end
.
by
denying
his
consequence
.
Neither
doth
it
follow
from
thence
,
as
Cardinall
Bellarmine
doth
ill
,
and
contrary
to
himselfe
inferre
,
that
otherwise
wicked
Princes
may
without
punishment
nourish
heretickes
,
and
ouerthrow
religion
.
For
the
Church
hath
,
as
we
said
,
power
to
punish
them
not
indeed
with
ciuill
or
temporall
,
but
with
Ecclesiasticall
or
spirituall
punishments
,
vnlesse
perhaps
Ecclesiasticall
Censures
are
not
woorthy
to
be
reckoned
among
punishments
,
whereas
they
are
accounted
by
all
men
to
be
most
sharpe
and
dreadfull
punishments
.
Wherefore
Cardinal
Bellarmine
himselfe
doth
in
expresse
words
affirme
,
t
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
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
.
I
doe
not
see
in
what
thing
Cardinall
doth
according
to
iudgement
contradict
himselfe
.
That
Excommunication
is
greater
then
all
temporall
punishments
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
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
did
command
,
that
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
say
here
?
that
a
of
the
whole
world
was
ignorant
of
the
greatnesse
of
or
that
she
did
contradict
her selfe
,
when
she
wrote
those
things
.
Truely
prudent
men
will
condemne
of
temerity
,
and
ignorance
,
and
will
not
in
any
wise
reprehend
the
Besides
,
as
the
against
those
who
are
ignorant
of
the
greatnesse
of
doth
command
,
that
the
fauourers
of
heretickes
be
first
excommunicated
,
and
afterwards
depriued
of
their
temporall
dominions
:
so
contrariwise
the
against
those
,
who
do
know
the
greatnesse
of
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
Neither
doth
the
contradict
the
or
contradicteth
her selfe
,
or
knoweth
not
the
force
of
But
my
Aduersary
who
contemneth
the
decrees
of
so
great
and
yet
professeth
himselfe
to
be
a
Catholike
,
is
by
his
words
repugnant
to
his
profession
.
good
Reader
for
that
otherwise
wicked
Princes
might
without
nourish
heretikes
,
and
ouerthrow
religion
,
punished
?
But
many
men
Doctour
,
are
more
afraide
of
lesser
punishments
then
of
greater
,
as
of
corporall
punishments
more
then
of
as
children
are
more
afraid
to
be
whipped
,
then
to
be
disinherited
.
sufficiency
of
Ecclesiasticall
power
Ecclesiasticall
Censures
to
doth
little
or
nothing
make
to
the
saluing
of
be
of
themselues
sufficient
it
is
their
fault
,
and
not
the
seeing
that
he
applieth
remedies
,
and
punishments
,
which
are
effectuall
of
themselues
,
if
they
themselues
will
admit
them
.
Pope
Innocent
Iohn
Gerson
For
that
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
was
made
against
those
that
knew
the
greatnesse
thereof
:
Christian
Princes
Bellarmine
,
Suarez
depose
Princes
Bellarmines
second
For
the
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
which
acknowledge
this
superioritie
might
be
secured
from
feares
,
and
iealosies
of
continuall
treasons
,
and
bloodie
against
their
persons
,
but
those
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.
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
,
three
questions
is
,
whether
any
authority
were
left
by
in
his
and
Christian
Common-wealth
to
restraine
,
or
represse
,
censure
or
iudge
any
exorbitant
,
and
pernicious
excesse
of
great
men
,
States
,
or
or
that
he
hath
left
them
remedilesse
wholy
by
any
ordinarie
authoritie
?
that
as
in
all
other
common-wealths
that
are
not
Christian
,
all
Philosophers
,
and
other
men
of
soundest
wisedome
,
prudence
,
and
experience
,
either
haue
from
the
beginning
of
the
world
concurred
in
this
,
that
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
our
Sauiour
came
to
found
his
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
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
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
our
Sauiour
vnto
the
said
of
his
and
Common-wealth
.
And
in
this
there
is
no
difference
in
opinion
,
or
beliefe
betweene
any
sort
of
whatsoeuer
(
so
they
be
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
.
The
second
may
bee
about
the
manner
how
this
authoritie
,
or
in
what
sort
it
was
giuen
by
Christ
to
his
said
whether
directly
or
indirectly
,
immediately
,
or
by
a
certaine
consequence
.
that
albeit
the
Canonists
doe
commonly
defend
the
first
part
,
and
for
the
most
part
the
yet
both
parts
fully
agree
,
that
there
is
such
an
authoritie
left
by
in
his
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
.
may
be
about
the
causes
,
for
which
this
authoritie
may
bee
vsed
,
as
also
the
forme
of
proceeding
to
bee
obserued
therein
:
that
herein
there
are
so
many
particularities
to
be
considered
,
as
are
ouerlong
for
this
place
:
onely
it
is
sufficient
for
Catholike
men
to
know
,
that
this
may
not
be
done
without
iust
cause
,
graue
and
vrgent
motiues
,
and
due
forme
also
of
proceeding
,
by
admonition
,
preuention
,
intercession
,
and
other
like
preambles
,
prescribed
by
Ecclesiasticall
Canons
to
bee
obserued
,
whereby
my
Lordships
doubts
of
feares
,
and
iealousies
of
continuall
treasons
,
and
bloody
Assassinates
may
iustly
bee
remooued
.
For
that
this
authoritie
doth
not
onely
not
allow
any
such
wicked
or
vnlawfull
attempts
,
but
doth
also
expresly
,
and
publikely
condemne
the
same
,
and
the
doctrine
thereof
,
as
may
appeare
not
onely
by
the
condemnation
of
wicked
article
in
the
wherein
he
affirmed
,
That
it
was
lawfull
for
euery
priuate
man
to
kill
any
whom
he
held
to
bee
a
but
also
by
like
condemnation
of
that
some
cleere
explication
of
the
Papall
authoritie
Princes
)
hath
not
beene
made
by
some
publike
,
and
definitiue
sentence
orthodoxall
,
&c.
cleere
and
publike
definition
orthodoxall
&c.
that
Christ
hath
in
his
Church
subiected
temporall
things
to
spirituall
,
Nature
,
and
that
otherwise
he
had
not
so
sufficiently
prouided
for
the
necessitie
of
his
Church
,
as
God
,
Nature
haue
prouided
for
other
temporall
common-wealthes
,
which
are
not
so
perfect
as
is
his
Church
:
Bellarmines
second
probable
,
that
in
the
old
Law
the
Priesthood
was
subiect
to
the
kingdome
,
High
Priest
High
Priest
And
so
it
is
manifest
,
by
that
which
I
haue
said
,
how
weake
this
second
reason
of
Cardinall
Bellarmine
is
,
euen
according
to
his
owne
principles
,
I
forthwith
answered
Father
Parsons
in
this
manner
.
a
a
Apolog.
nu.
203.
By
which
it
is
also
apparant
,
how
weakely
the
Author
of
the
English
Treatise
tending
to
Mitigation
,
who
groundeth
his
whole
discourse
for
the
Popes
power
to
depose
Princes
vpon
this
second
reason
of
Cardinall
Bellarmine
,
doth
satisfie
the
Earle
of
Salisburies
desire
,
whereof
we
made
mention
aboue
.
For
although
it
be-true
,
that
Christ
our
Sauiour
left
in
his
Church
(
which
is
a
spirituall
common-wealth
)
as
in
all
other
well
established
common-wealths
,
sufficient
authoritie
,
and
power
,
for
as
much
as
concerneth
the
power
it selfe
,
to
defend
her selfe
from
the
iniuries
of
all
men
whatsoeuer
,
&
to
correct
,
iudge
,
&
punish
all
wicked
persons
of
what
state
,
or
condition
soeuer
they
be
,
that
are
subiect
to
the
supreme
Prince
of
this
spirituall
common-wealth
,
as
members
of
the
head
,
sheepe
to
their
Pastours
,
&
children
to
their
Father
:
Neuerthelesse
that
Christ
left
in
his
Church
sufficient
power
,
might
,
or
force
to
represse
at
all
times
all
excesses
whatsoeuer
of
Christian
Princes
,
or
,
that
the
punishments
,
wherewith
such
Princes
may
be
punished
by
the
Church
,
are
temporall
,
which
doe
passe
the
limits
appointed
by
Christ
to
a
spirituall
common-wealth
,
this
,
besides
that
it
seemeth
to
be
supposed
by
this
Authour
as
certaine
without
any
reason
at
all
,
is
also
most
clearely
repugnant
to
the
common
doctrine
of
the
ancient
Fathers
,
who
doe
teach
,
as
I
related
aboue
,
b
b
Nu.
5
&
seq.
that
the
armour
,
or
weapons
of
the
Church
are
spirituall
,
not
temporall
,
and
that
Princes
if
they
offend
,
are
,
for
as
much
as
concerneth
temporall
punishments
,
to
be
left
to
the
examination
,
and
iudgement
of
God
alone
.
Wherefore
there
remaineth
in
the
Church
sufficient
remedie
,
and
spirituall
authoritie
(
for
temporall
authoritie
,
or
which
now
I
take
for
all
one
,
authoritie
to
dispose
of
temporalls
,
is
not
agreeable
to
the
condition
of
a
spirituall
common-wealth
)
to
represse
by
spirituall
punishments
the
exorbitant
excesses
of
all
her
subiects
whatsoeuer
,
and
of
this
there
is
no
controuersie
among
Catholikes
,
as
also
to
euery
temporall
common-wealth
the
law
of
God
,
and
nature
hath
giuen
full
,
and
perfect
temporall
authoritie
to
punish
all
her
subiects
that
shall
offend
with
temporall
punishments
,
but
not
with
spirituall
,
which
are
not
agreeable
to
a
temporall
common-wealth
,
and
to
defend
her selfe
with
corporall
weapons
from
the
wrongs
,
and
violence
of
all
men
though
of
forraine
countreys
how
strong
,
and
potent
soeuer
they
be
,
albeit
she
hath
not
alwayes
an
effectuall
remedie
,
or
sufficient
force
,
might
or
power
to
free
her selfe
from
the
vniust
oppressions
,
not
onely
of
forraine
countreys
,
but
also
of
her
owne
subiects
by
reason
of
their
excessiue
power
,
and
might
.
And
therefore
it
is
not
onely
a
controuersie
among
Catholikes
,
about
the
manner
how
the
Pope
hath
authority
to
dispose
of
temporals
,
and
to
depose
temporall
Princes
,
to
wit
,
whether
directly
or
indirectly
,
immediatly
,
or
by
a
certaine
consequence
,
as
this
Authour
without
any
proofe
at
all
doth
ill
suppose
,
as
certaine
,
and
not
doubted
of
by
Catholikes
,
but
as
I
haue
often
said
out
of
Trithemius
,
It
is
a
controuersie
among
the
Schoolemen
about
the
thing
it selfe
,
Trithem
.
in
Chron.
monast.
Hirsang
.
ad
ann.
1106.
whether
the
Pope
hath
any
such
authority
in
any
manner
at
all
,
and
as
yet
it
is
not
determined
by
the
Iudge
whether
hee
hath
any
power
to
depose
the
Emperour
,
or
no.
Lastly
,
if
in
euery
well
established
Common-weath
there
is
left
sufficient
remedy
,
and
authority
by
God
and
nature
to
represse
,
and
punish
the
more
hainous
offences
of
their
Soueraigne
Prince
,
whereon
the
Discourse
of
this
Authour
in
his
first
question
,
whereupon
the
other
two
questions
doe
depend
,
is
chiefly
grounded
,
I
doe
not
see
in
what
manner
,
and
with
what
reason
he
can
rid
himselfe
,
but
that
consequently
hee
must
also
grant
,
that
the
Pope
himselfe
may
for
all
enormous
crimes
be
corrected
,
iudged
,
and
punished
by
the
Church
;
Bel.
li.
2.
de
Concil.
cap.
19.
ad
2.
nu.
whereas
Cardinall
Bellarmine
,
as
you
haue
seene
aboue
c
c
Nu.
188.
Apolog.
,
doth
teach
,
that
the
Church
hath
not
any
effectuall
remedie
,
or
which
in
his
opinion
is
all
one
,
any
sufficient
authority
to
punish
a
knowen
and
vndoubted
Pope
for
any
crime
whatsoeuer
,
only
heresie
excepted
.
Therefore
you
see
what
a
foundation
this
Authour
hath
laid
to
subiect
Popes
to
the
examination
,
censure
,
and
correction
of
a
generall
Councell
,
which
representeth
the
vniuersall
Church
,
and
to
quite
ouerthrow
Cardinall
Bellarmines
doctrine
,
touching
the
Popes
authority
ouer
a
generall
Councell
,
which
is
also
receiued
by
all
the
writers
of
his
Society
.
Thus
I
answered
Father
Parsons
discourse
in
my
Apologie
.
cleare
definition
orthodoxall
supposed
it
as
graunted
by
all
Catholikes
for
the
respect
and
reuerence
,
which
hee
beareth
to
the
memorie
of
so
woorthy
a
man
,
and
his
old
friend
,
Fa.
Parsons
did
not
say
,
that
the
hath
not
onely
sufficient
power
to
worke
the
effect
,
for
which
it
was
ordained
,
but
also
alwaies
to
execute
and
performe
the
same
,
but
onely
that
the
power
of
the
Church
being
considered
in
it selfe
is
sufficient
to
worke
the
effect
,
for
which
it
was
ordained
,
if
it
meete
with
a
capable
subiect
,
and
haue
no
externall
impediment
,
which
may
bee
exemplified
in
the
power
to
remit
sinnes
,
to
giue
holy
Orders
,
to
excommunicate
,
and
such
like
.
For
albeit
the
Church
haue
sufficient
power
to
doe
all
this
,
yet
the
same
cannot
be
executed
either
at
all
times
,
or
in
all
places
,
or
vpon
all
persons
,
by
reason
aswell
of
the
in
capacitie
of
subiects
,
as
of
other
externall
impediments
,
which
may
hinder
the
execution
.
So
as
it
were
extreme
folly
to
say
,
that
the
hath
not
onely
but
also
alwaies
to
execute
and
performe
the
same
.
And
the
like
we
say
concerning
the
power
left
by
our
Sauiour
to
punish
in
their
temporall
states
,
to
wit
,
that
the
power
being
considered
in
it selfe
is
sufficient
,
albeit
the
same
cannot
alwaies
be
executed
,
and
neuer
taught
,
or
thought
otherwise
:
And
therefore
I
must
needes
say
,
as
I
said
before
,
that
hath
either
most
grosly
mistaken
him
(
which
truely
I
cannot
see
how
hee
could
doe
in
this
place
)
or
else
most
maliciously
abused
,
and
belyed
him
.
hath
either
most
grosly
mistaken
mee
,
or
else
most
maliciously
abused
,
and
belyed
me
.
Fa.
Parsons
Fa.
Parsons
And
therefore
it
is
not
onely
a
controuersie
among
Catholikes
about
the
manner
how
the
hath
power
in
temporalls
,
to
wit
,
as
this
without
any
proofe
at
all
doth
ill
suppose
,
but
about
the
thing
it selfe
,
whether
he
hath
in
any
manner
at
all
such
an
authoritie
,
whereof
the
are
at
variance
,
and
as
yet
it
is
not
decided
by
the
Iudge
whether
the
hath
authoritie
to
depose
the
Emperour
,
as
we
haue
often
said
out
of
Fa.
Parsons
Bellarmines
second
reason
The
Church
must
haue
all
necessarie
and
sufficient
power
,
or
authoritie
to
saue
soules
,
for
which
the
Ecclesiasticall
power
is
ordained
,
but
the
power
to
inflict
Ecclesiasticall
Censures
is
not
sufficient
for
this
end
,
therfore
another
power
,
to
inflict
also
temporal
punishments
is
necessary
.
in
it selfe
of
themselues
sufficient
sufficient
of
it selfe
,
sufficient
force
,
For
the
sufficiencie
of
the
power
,
which
hath
left
to
his
in
this
point
,
or
any
other
consisteth
in
this
,
that
the
power
being
considered
in
it selfe
,
is
sufficient
to
worke
the
effect
,
for
which
it
was
ordained
,
if
it
meete
with
a
capable
subiect
,
and
haue
no
externall
impediment
.
sufficient
power
of
it selfe
is
sufficient
if
it
meete
with
a
capable
subiect
,
and
haue
no
externall
impediment
,
sufficient
force
of
it selfe
a
sufficient
coerciue
power
coerciue
power
Bellarmines
second
argument
Apologie
,
hee
wisheth
mee
and
the
to
see
the
answere
to
those
authorities
in
who
giueth
sufficient
satisfaction
to
euery
one
of
them
,
and
sheweth
euidently
,
that
diuers
of
those
doe
wholly
impugne
opinion
,
and
doctrine
,
and
finally
telleth
him
of
his
bad
fortune
in
alleadging
such
witnesses
,
as
either
make
nothing
for
him
,
or
quite
ouerthrow
him
,
and
the
like
may
bee
seene
,
who
also
answereth
the
said
places
particularlay
wish
him
,
and
the
Reader
Iohn
Barclay
Furthermore
,
the
Reader
may
see
,
in
Tract
.
de
potest
Fitzherbert
many
of
them
answered
by
the
himselfe
in
his
booke
against
could
not
but
haue
seene
(
no
lesse
then
the
former
)
before
he
wrote
against
my
and
therefore
reason
would
that
hee
should
haue
shewed
some
insufficiencie
in
those
answeres
,
before
he
so
confidently
remitted
me
,
and
his
Readers
to
those
places
,
and
such
like
,
which
hee
knew
were
alreadie
answered
:
but
perhaps
he
perswadeth
himselfe
,
that
all
his
writings
,
and
assertions
,
are
,
(
as
I
haue
said
in
the
Preface
)
like
to
the
lawes
of
the
which
are
inuiolable
,
and
immutable
.
And
this
shall
suffice
touching
whom
you
see
hee
might
with
more
credit
haue
left
vntouched
for
ought
hee
hath
beene
able
to
prooue
against
him
.
Iohn
Barclay
and
therefore
reason
would
,
that
hee
should
haue
shewed
some
insufficiencie
in
answeres
,
before
he
so
confidently
remitted
me
,
and
his
Reader
to
Cardinall
booke
against
which
he
knew
was
already
answered
.
infallible
point
per
fas
,
&
ne
fas
,
by
right
and
wrong
,
new
Oath
as
containing
in
it
many
things
flat
contrarie
to
faith
and
saluation
,
Ecclesiasticall
Censures
Illustrious
Cardinalls
Iohn
Barclay
Cardinall
Bellarmine
sufficient
power
sufficient
force
Discourse
.
After
this
Widdrington
taketh
hold
of
two
examples
in
my
to
wit
,
the
punishment
of
and
of
the
incestuous
which
I
alleaged
to
proue
the
power
of
the
Church
to
inflict
temporall
penalties
.
Whereof
he
saith
thus
:
Illa
corporalis
Ananiae
&
Saphirae
interfectio
,
&c.
That
corporall
killing
of
Ananias
and
Saphira
,
and
the
visible
deliuery
of
the
fornicatour
to
Sathan
,
are
to
be
referred
to
the
grace
of
miracles
:
neither
will
this
Authour
say
,
as
I
thinke
,
that
the
Pope
hath
power
to
kill
wicked
men
,
and
malefactours
with
the
word
of
his
mouth
.
So
he
.
Whereto
I
answere
,
that
he
trifleth
no
lesse
in
this
,
then
in
his
former
answeres
:
for
,
albeit
I
will
not
say
that
the
Pope
hath
power
to
kill
with
the
word
of
his
mouth
,
that
is
to
say
,
to
doe
miracles
;
yet
I
say
he
hath
power
to
doe
and
ordaine
those
things
in
the
Church
,
which
at
their
first
institution
were
testified
,
and
confirmed
by
miracles
.
As
for
example
,
I
will
not
say
that
the
can
giue
the
holy
Ghost
in
some
visible
forme
in
the
as
the
holy
Ghost
was
giuen
in
the
yet
I
make
no
doubt
but
that
the
may
minister
those
with
the
iuisible
effect
and
fruite
thereof
,
which
was
visibly
shewed
and
testified
in
the
time
by
that
miracle
;
neither
will
I
say
that
the
can
deliuer
a
man
to
the
visible
possession
of
the
to
be
bodily
tormented
,
as
S.
did
,
when
he
excommunicated
the
and
others
;
neuerthelesse
,
I
say
,
that
if
doe
not
reforme
and
retract
his
pernicious
doctrine
,
the
both
can
&
seq.
Item
Decretum
Sacrae
Cong
.
in
cap.
ad
Corinth
.
Acts
in
Euang.
and
will
,
ere
it
be
long
,
excommunicate
him
,
and
deliuer
him
ouer
to
the
inuisible
power
of
the
which
effect
was
at
the
first
ordinarily
testified
by
the
visible
torments
of
the
bodies
of
excommunicated
persons
,
saith
S.
Chrysostome
So
as
may
if
it
please
him
,
distinguish
betwixt
the
miracles
,
and
that
which
was
in
the
primatiue
signified
,
expressed
,
and
testified
thereby
.
And
therefore
I
say
,
that
for
as
much
as
it
pleased
God
to
testifie
by
the
miraculous
punishment
of
and
of
(
whom
S.
stroke
blinde
)
and
of
the
excommunicated
and
others
,
that
the
hath
power
as
well
ouer
the
body
,
as
ouer
the
soule
,
it
cannot
with
reason
be
denied
,
but
●hat
the
power
remaineth
,
although
the
miraculous
manner
in
the
execution
of
it
ceased
,
when
the
Christian
faith
was
once
propagated
,
and
generally
receiued
,
because
,
as
S.
Signes
,
or
miracles
are
giuen
(
or
ordained
)
for
infidels
,
and
not
for
the
faithfull
.
S.
Peter
one
ordinary
other
extraordinary
S.
Peter
that
the
were
drunke
Abulensis
,
they
did
excell
the
Prophets
in
many
things
in
the
manner
of
their
Prophesie
;
because
was
ready
to
speake
by
the
whensoeuer
they
would
,
insomuch
that
they
ought
not
to
thinke
what
they
should
speake
,
but
the
holy
Ghost
did
immediately
speake
by
them
,
But
it
was
not
so
in
any
Prophet
of
the
Old
Testament
.
they
did
excell
the
in
regard
of
the
things
which
were
reuealed
,
because
more
high
things
were
reuealed
to
the
then
were
reuealed
to
the
they
did
also
excell
in
regard
of
the
miracles
:
for
they
did
wonderfull
miracles
,
not
onely
as
great
as
himselfe
did
,
but
also
greater
,
as
he
said
to
Et
maiora
horum
faciet
For
it
is
read
of
S.
that
when
he
passed
through
the
streetes
in
they
brought
forth
the
sicke
into
the
streetes
,
and
laid
them
in
beds
,
and
couches
that
when
came
his
shadow
at
the
least
might
ouershadow
any
of
them
,
and
they
all
might
be
deliuered
from
their
infirmities
,
which
neuerthelesse
wee
doe
not
reade
was
euer
done
by
Christ
,
&c.
also
did
excell
the
for
that
they
spake
with
all
languages
,
two
effects
two
effects
one
ordinary
other
extraordinary
But
these
visible
torments
Fitzherbert
,
did
testifie
,
that
the
excommunicated
person
was
deliuered
ouer
to
the
inuisible
power
of
the
if
he
do
not
reforme
his
pernicious
doctrine
,
both
can
,
and
will
,
ere
it
be
long
be
excommunicated
by
the
and
deliuered
ouer
to
the
inuisible
power
of
the
which
effect
was
at
the
first
ordinarily
testified
by
the
visible
torments
of
the
bodies
of
excommunicated
persons
,
so
as
may
,
if
it
please
him
distinguish
betwixt
the
miracles
,
and
that
which
was
in
the
primitiue
signified
,
expressed
,
and
testified
thereby
.
Apostles
Successours
This
plainly
will
I
speake
without
rashnesse
,
that
if
any
of
the
faithfull
shall
bee
excommunicated
vniustly
,
it
will
rather
hurt
him
that
doth
,
then
who
suffereth
this
wrong
:
Illustrious
Cardinals
that
by
the
miraculous
punishment
of
and
of
it
pleased
te
testifie
;
that
the
hath
power
as
well
ouer
the
body
,
as
ouer
the
soule
,
and
therefore
it
cannot
with
reason
be
denied
,
but
that
the
power
remaineth
,
although
the
miraculous
manner
in
the
execution
of
it
ceased
,
when
the
Christian
faith
was
generally
receiued
spirituall
Pastours
I
say
I
say
power
it selfe
Gregory
,
Signes
miracles
were
giuen
for
Infidels
,
not
for
the
faithfull
.
to
inflict
in
some
sort
temporall
punishments
,
the
punishment
which
Saint
inflicted
vpon
was
onely
by
the
way
of
prediction
;
whereupon
hee
was
not
as
a
Iudge
,
or
executioner
of
Christ
,
but
as
a
Prophet
,
by
way
of
prayer
and
intercession
;
whereupon
it
was
not
any
vse
of
Iurisdiction
,
but
of
a
miracle
,
and
so
neither
of
them
did
exercise
the
vse
of
coerciue
Besides
that
it
is
to
be
considered
for
the
further
explication
of
this
point
,
that
although
the
punishments
were
miraculous
and
extraordinary
for
the
manner
of
them
,
yet
if
we
consider
the
punishments
themselues
,
the
exercised
therein
their
ordinary
and
Apostolicall
Iurisdiction
,
as
being
the
ordinary
Iudges
,
to
whom
the
chastisement
of
spirituall
offences
appertained
,
which
is
euident
in
the
punishment
of
the
incestuous
by
the
formall
,
and
iudiciall
sentence
pronounced
by
the
Iesus
Christ
.
Thus
did
the
fulminate
his
terrible
sentence
of
shewing
,
and
exercising
his
authoritie
.
And
the
same
is
also
to
bee
vnderstood
concerning
the
corporall
punishment
of
in
wich
respect
Saint
saith
;
That
and
Saint
and
the
of
the
booke
amonst
Saint
workes
,
saith
,
that
that
it
might
appeare
how
great
was
the
one
ordinary
other
extrordinary
ordinary
Apostolicall
ordinary
Apostolicall
extraordinary
Apostolicall
extraordinary
Apostolicall
power
ordinary
Apostolicall
authority
great
miracle
Prophecie
.
The
Apostle
Saint
doth
not
wish
their
death
,
as
foolish
doth
calumniate
,
but
with
a
propheticall
spirit
he
foretold
the
iudgement
of
that
the
punishment
of
two
might
bee
a
doctrine
to
many
.
Author
de
mirabilibus
S.
Scripturae
to
the
same
power
whereby
hee
raised
from
death
4.
Reg.
2.
two
beares
Come
vp
balde
head
,
come
vp
balde
head
.
extraordinary
,
delegate
But
heere
will
say
,
that
if
Saint
exercied
his
power
,
and
iurisdiction
therein
it
followeth
that
the
or
other
Ecclesiasticall
Iudges
,
may
also
giue
sentence
of
death
,
yea
execute
vpon
such
as
deserue
it
,
which
is
contrary
to
the
custome
,
and
Canons
of
the
Whereto
I
answere
,
that
for
as
much
as
that
time
there
were
no
Christian
or
Magistrates
to
do
iustice
in
that
kind
,
and
that
it
was
necessary
in
the
beginning
to
inflict
such
an
exemplar
punishment
vpon
those
two
hypocrites
for
the
terrour
of
other
,
Saint
thought
good
to
performe
it
himselfe
,
although
afterwards
when
Christian
Religion
was
further
propagated
,
and
Christian
held
it
for
an
honour
to
them
to
serue
and
his
with
their
temporall
lawes
and
power
,
the
thought
it
needlesse
to
inflict
bloodie
penalties
,
not
because
it
might
not
doe
it
,
if
it
would
,
but
because
it
seemed
more
decent
,
and
conuenient
for
lenitie
of
a
pious
to
abstaine
from
the
same
,
and
to
vse
more
milde
,
and
lesse
rigorous
punishments
;
in
which
respect
the
hath
alwayes
retained
the
vse
of
some
temporall
,
and
corporall
chastisements
,
although
she
haue
restrained
her
Ministers
by
and
constitutions
from
the
effusion
of
blood
,
remitting
the
iudgement
,
and
execution
thereof
,
wholy
to
the
secular
Magistrates
,
who
haue
by
their
lawes
sufficiently
prouided
for
the
execution
of
iustice
in
that
kind
.
transcat
,
let
it
passe
as
not
belonging
to
the
matter
:
[
not
because
it
might
not
doe
it
,
if
it
would
]
That
the
Pope
can
take
away
my
life
,
and
the
liues
of
all
Christians
:
Catholike
Romane
Ecclesiasticall
lenitie
Pious
mother
why
the
Church
now
,
since
Christian
Religion
hath
beene
further
propagated
,
and
Christian
haue
held
it
for
an
honour
to
them
to
serue
God
,
and
his
Church
with
their
temporall
lawes
,
thought
it
needlesse
to
inflict
bloody
punishments
,
especially
vpon
wicked
,
and
disobedient
for
that
by
their
lawes
they
haue
sufficiently
prouided
for
the
execution
of
iustice
in
that
kind
,
Christian
Princes
Christian
Princes
Ecclesiasticall
lenitie
And
truely
I
cannot
but
wonder
,
that
any
man
of
iudgement
can
thinke
it
vnlawfull
for
the
supreme
spirituall
Pastour
,
to
punish
his
sheepe
,
or
subiects
in
their
bodies
,
or
goods
,
seeing
that
it
cannot
be
denied
,
but
that
he
is
their
Pastour
,
and
superiour
in
regard
not
onely
of
their
soules
,
but
also
of
their
bodies
,
that
is
to
say
,
of
their
whole
persons
wherein
their
bodie
is
necessarily
included
;
and
therefore
for
as
much
as
euery
man
is
bound
to
serue
no
lesse
with
his
body
,
then
with
his
soule
,
and
that
the
body
concurreth
with
the
soule
to
the
execution
of
all
externall
workes
,
good
and
bad
,
and
shall
be
either
glorified
,
or
tormented
eternally
together
with
it
,
no
man
can
with
reason
denie
,
but
that
he
who
hath
the
direction
,
and
gouernement
of
the
whole
person
for
the
eternall
good
thereof
,
may
punish
the
same
as
well
in
the
one
part
,
as
in
the
other
(
as
also
in
what
else
soeuer
is
accessorie
to
the
said
person
)
when
the
same
shall
be
requisite
for
the
eternall
good
,
and
saluation
thereof
.
So
as
reason
it selfe
may
teach
vs
,
that
the
power
and
authoritie
extended
it selfe
to
the
punishment
,
not
onely
of
the
soule
,
but
also
of
the
body
,
and
goods
,
when
occasion
required
.
And
this
I
hope
,
may
suffice
for
the
confutation
of
answeres
concerning
the
law
of
and
therefore
I
will
now
briefly
examine
,
what
he
saith
concerning
the
law
of
and
the
which
shall
be
the
subiect
of
the
next
Chapter
.
temporall
Prince
temporall
Prince
whole
person
person
▪
might
be
occasion
for
the
to
be
puffed
vp
with
exceeding
great
pride
,
and
might
also
be
very
hurtfull
to
subiects
,
there
is
no
likelihood
that
gaue
him
such
a
power
Ciuill
Law
Ciuill
Law
improbable
,
impertinent
absurd
,
friuolous
,
foolish
,
idle
,
to
prooue
in
his
Supplement
by
the
law
of
Nations
,
that
the
new
Oath
is
vnlawfull
in
regard
it
denyeth
the
power
to
excommunicate
,
and
depose
temporall
Princes
,
not
for
that
hee
thought
it
otherwise
needefull
,
hauing
,
prooued
already
that
the
Oath
is
contrarie
to
the
law
of
God
,
and
Nature
,
but
to
satisfie
the
importunitie
of
his
Aduersarie
,
and
to
giue
his
Reader
an
aboundant
satisfaction
,
because
as
the
Lawyers
say
,
a
prouiso
too
much
neuer
hurteth
.
Ciuill
law
Septimò
,
ex
iure
Gentium
nihil
aliud
probat
hic
Author
,
&c.
Seuenthly
,
this
Authour
prooueth
nothing
else
by
the
law
of
Nations
,
but
that
all
people
euer
held
Religion
in
the
highest
price
,
or
esteeme
,
and
preferred
it
before
policie
;
but
that
the
Priests
of
the
Gentiles
had
power
,
as
they
were
Priests
,
to
punish
any
man
with
death
,
or
the
depriuation
of
all
his
goods
,
it
did
not
proceede
from
the
law
of
Nature
,
that
it
was
diuinely
inuented
,
and
ordained
by
the
ancient
that
their
should
haue
the
chiefe
command
both
in
matters
belonging
to
the
Common-wealth
,
and
to
the
religion
of
the
immortall
Gods
.
But
if
thou
hast
well
noted
what
was
the
effect
,
and
substance
of
my
discourse
concerning
the
law
of
thou
wilt
easily
discouer
the
weakenesse
of
this
answere
.
For
whereas
hee
would
prooue
by
his
wordes
alleadged
by
me
,
that
the
authoritie
of
the
to
punish
the
supreame
Secular
with
death
,
or
depriuation
of
goods
,
proceeded
not
from
the
law
of
but
from
the
municipall
lawes
of
the
I
must
desire
him
to
call
to
minde
what
was
my
inference
vpon
the
wordes
of
and
the
examples
by
mee
alleadged
;
to
wit
,
that
this
law
,
and
custome
amongst
the
had
no
other
ground
in
their
opinion
,
but
the
because
they
hauing
no
other
light
to
guide
them
,
but
the
light
of
reason
,
held
it
to
bee
most
conforme
to
that
religion
should
bee
preferred
before
policie
,
and
temporall
things
subordinate
to
spirituall
,
by
the
same
reason
that
things
lesse
perfect
are
inferiour
to
the
more
perfect
,
the
body
to
the
soule
,
earthly
things
to
heauenly
,
men
to
Angels
,
and
the
like
.
So
albeit
I
doe
not
deny
but
that
their
custome
proceeded
from
their
municipall
law
,
yet
it
doeth
not
follow
thereon
,
that
it
did
not
also
proceede
from
the
but
rather
the
contrarie
,
because
their
municipall
law
in
that
point
had
no
other
ground
,
but
the
which
moued
them
to
make
that
For
although
the
could
not
teach
them
the
mysteries
of
nor
in
what
manner
was
to
be
worshipped
,
and
serued
,
in
which
respect
they
both
might
,
and
did
erre
in
those
things
,
which
pertained
to
particular
points
of
religion
,
(
as
also
other
Nations
did
which
had
not
the
light
of
grace
)
yet
not
onely
they
,
but
also
all
other
Nations
,
being
enlightned
by
nature
,
agreed
in
certaine
generall
principles
touching
religion
,
as
concerning
the
necessitie
,
and
dignitie
thereof
,
and
that
all
humane
actions
ought
to
bee
leuelled
,
and
referred
thereto
,
as
to
their
end
;
whereupon
necessarily
followed
the
subordination
,
and
subiection
of
temporall
things
to
spirituall
,
and
of
the
Ciuill
,
or
politicall
Societie
to
the
Religious
in
matters
that
touch
religion
:
and
all
this
I
explicated
further
in
my
when
I
treated
of
the
law
of
in
particular
,
in
these
words
.
Pagan
Priests
supreame
Ciuill
idem
per
seipsum
,
the
same
thing
by
the
very
same
.
aboundant
satisfaction
Religious
Priests
Religious
Priests
temporall
Princes
religious
Society
ciuill
Societie
publike
Priest
ciuill
Societie
ciuill
Common-wealth
olde
Testament
new
Testament
ciuill
Common-wealth
olde
Testament
new
Testament
ciuill
Common-wealth
olde
Testament
new
Testament
ciuill
Common-wealth
First
then
it
is
to
be
considered
,
that
humane
law
is
commonly
diuided
into
And
as
for
the
law
of
(
which
is
a
humane
law
,
so
easily
and
directly
deduced
from
the
very
principles
of
that
all
doe
receiue
and
admit
it
)
it
is
manifest
which
is
a
humane
law
so
easily
and
directly
deduced
from
the
very
principles
of
that
all
doe
receiue
and
admit
it
ae
.
disp.
de
Leg.
c.
Vasquez
,
Salas
first
generall
principles
virtue
is
to
be
embraced
,
vice
to
be
shunned
,
Doe
not
that
to
another
,
which
thou
wilt
not
haue
done
to
thy selfe
Iustice
is
to
be
kept
,
God
is
to
be
worshipped
;
Parents
are
to
be
honoured
,
morall
principles
adultery
,
murther
,
periury
to
bee
euill
simple
fornication
to
be
of
it
owne
nature
euill
,
vsury
to
bee
vniust
,
officious
lye
not
to
be
lawfull
for
any
cause
whatsoeuer
,
morall
conclusions
morall
principles
by
a
certaine
and
euident
consequence
,
morall
principles
an
erroneous
conscience
is
not
truely
a
law
.
morall
principles
morall
precepts
simple
fornication
,
vsurie
generall
principles
to
honour
woorship
God
law
of
nations
to
be
a
humane
law
,
which
is
so
easily
and
directly
deduced
from
the
very
principles
of
that
all
doe
receiue
and
admit
it
humane
law
nations
.
Besides
humane
law
positiue
constitution
humane
lawes
humane
lawe
simple
fornication
,
vsury
,
drunkennesse
,
perpetuity
of
marriage
,
plurality
of
wiues
ae
.
disp.
that
one
may
haue
inuincible
ignorance
for
his
whole
life
time
,
of
those
conclusions
of
the
law
of
which
are
more
obscure
,
and
more
remote
from
the
generall
principles
of
then
are
the
morall
precepts
of
the
Decalogue
.
ae
.
disp.
law
of
nations
permission
,
vtilitie
Ciuill
Societie
the
diuision
of
lands
a
right
power
to
make
warre
by
the
right
of
warre
to
reuenge
iniuries
,
a
power
to
marry
commandeth
,
forbiddeth
morall
precepts
Ciuill
law
Ciuill
law
Ciuill
lawyers
Ciuill
law
But
this
opinion
of
Vasquez
doth
not
please
Suarez
,
Salas
,
Suarez
lib.
2.
cap.
18.
19.
Salas
disp.
2.
sec.
2.
3.
&
seq.
D.
sec.
3.
and
many
other
Diuines
,
albeit
Salas
thinketh
this
question
concerning
the
difference
of
the
law
of
nature
,
and
nations
,
is
for
the
greatest
part
rather
a
verball
question
,
and
of
words
,
then
reall
and
of
any
great
moment
.
For
if
it
be
once
knowne
,
that
any
thing
belongeth
to
the
law
of
nature
;
it
little
importeth
to
say
,
that
it
belongeth
also
to
the
law
of
nations
,
for
that
all
nations
doe
commonly
keepe
,
or
vse
that
law
.
But
it
greatly
importeth
to
know
,
whether
any
thing
bee
commaunded
by
the
law
of
nature
,
or
onely
by
the
positiue
law
of
man
,
&
if
it
be
commanded
by
positiue
law
,
whether
that
law
be
common
to
all
nations
,
or
no
,
and
whether
it
be
common
to
all
nations
,
as
it
were
per
se
,
by
it selfe
,
for
that
all
nations
,
as
being
one
totall
communitie
of
mankind
haue
decreed
it
,
or
,
as
it
were
per
accidens
,
by
accident
,
for
that
euery
Nation
decreeing
it
by
it selfe
,
we
may
gather
by
Induction
that
all
nations
haue
decreed
it
,
and
so
that
it
is
a
decree
common
to
all
nations
.
For
the
better
vnderstanding
whereof
Suarez
,
Suarez
lib.
2.
de
Leg.
pap
.
19.
Salas
Tract.
14.
q.
91.
disp.
2.
sec.
3.
and
Salas
doe
obserue
,
that
a
law
may
be
said
to
be
common
to
all
,
or
many
nations
,
either
for
that
all
,
or
many
nations
being
taken
seuerally
by
themselues
,
doe
agree
in
that
law
,
or
else
for
that
it
is
obserued
by
the
vse
and
custome
of
all
,
or
many
nations
,
as
they
haue
among
themselues
a
certaine
societie
,
and
ciuill
communication
.
For
although
euery
Citie
,
common-wealth
,
or
Kingdome
be
in
it selfe
a
perfect
communitie
,
and
composed
of
her
parts
,
and
members
,
yet
euery
one
of
them
is
in
some
sort
a
member
of
this
vniuersall
world
,
as
it
appertaineth
to
mankind
;
neither
are
those
communities
so
sufficient
seuerally
for
themselues
,
but
that
they
want
some
helpe
,
societie
,
and
communication
of
others
,
sometime
for
greater
vtilitie
,
or
conueniencie
,
and
sometime
for
morall
necessitie
,
and
want
,
and
in
regard
of
this
they
want
some
law
,
whereby
to
be
directed
in
this
kind
of
communication
,
and
societie
.
And
although
for
the
most
part
this
be
done
by
naturall
reason
,
yet
it
cannot
be
done
sufficiently
,
and
immediatly
for
all
things
,
and
therefore
some
speciall
lawes
might
be
introduced
by
the
custome
of
the
said
nations
.
For
as
in
one
Citie
,
or
prouince
a
custome
doth
bring
in
a
law
,
so
also
in
the
vniuersitie
of
mankind
the
law
of
nations
might
by
custome
be
introduced
;
and
especially
for
that
those
things
,
which
belong
to
this
law
,
are
both
few
,
and
also
very
neere
to
the
law
of
nature
,
and
haue
from
it
a
very
easie
inference
,
and
are
so
profitable
,
and
conuenient
to
nature
it selfe
,
that
although
it
be
not
an
euident
inference
,
as
of
a
thing
altogether
necessary
to
morall
honesty
,
or
vertue
,
yet
it
is
very
conuenient
to
nature
,
and
of
it selfe
acceptable
to
all
men
.
Wherefore
the
opinion
of
these
Authours
doth
consist
in
these
points
.
The
first
is
,
that
the
law
of
nations
doth
not
onely
permit
,
or
graunt
somethings
,
but
also
command
,
and
forbid
by
binding
vnder
sinne
:
for
that
otherwise
the
law
of
nations
would
not
properly
be
a
law
,
neither
should
a
law
in
generall
,
being
taken
properly
,
and
as
it
is
a
rule
of
reason
,
or
of
vertue
,
and
vice
,
which
intrinsecally
includeth
some
precept
,
be
well
diuided
into
the
law
of
nature
,
of
nations
,
Vasque
disp.
157.
cap.
4.
in
fine
Thom.
prim
.
secun
.
q.
95.
ar.
4.
and
the
Ciuill
Law
:
and
yet
Vasquez
himselfe
doth
affirme
,
that
the
law
of
nations
was
by
S.
Thomas
rightly
numbred
among
humane
lawes
.
Besides
,
the
law
of
nature
,
and
the
Ciuill
law
,
doe
permit
and
grant
many
things
,
and
so
the
law
of
nature
doth
grant
or
permit
,
but
not
command
a
man
to
marry
a
wife
,
and
to
keepe
,
and
conserue
his
proper
libertie
,
and
therefore
it
is
not
proper
to
the
law
of
nations
to
permit
,
or
grant
,
neither
ought
it
by
this
to
be
distinguished
from
other
lawes
.
Moreouer
,
if
a
permissiue
or
concessiue
law
in
respect
of
all
mankind
,
as
liuing
in
ciuill
societie
,
is
called
the
law
of
nations
,
why
may
not
also
a
preceptiue
or
commanding
law
although
it
suppose
ciuill
societie
,
in
the
same
respect
be
called
a
law
of
nations
?
Neither
can
there
be
made
any
doubt
,
but
that
from
ciuill
society
,
and
from
the
positiue
law
of
nations
,
yea
and
from
the
ciuill
law
,
may
arise
a
naturall
obligation
;
as
for
subiects
to
obey
the
positiue
lawes
of
their
princes
,
for
children
to
honour
their
parents
,
for
married
persons
to
obserue
coniugall
duetie
,
for
seruants
in
generall
to
serue
their
masters
,
e
e
But
see
aboue
cha.
6.
nu.
23.
&
nu.
93.
&
seq.
not
to
take
away
by
priuate
authoritie
the
goods
of
another
man
,
which
hath
beene
giuen
him
by
the
positiue
lawes
,
or
grants
of
temporall
Princes
,
and
many
such
like
,
all
which
doe
suppose
some
ciuill
society
.
The
second
is
,
that
the
Ciuill
Lawes
,
and
the
Diuines
doe
not
speake
commonly
of
the
law
of
nations
after
the
same
manner
.
For
the
Diuines
doe
commonly
call
the
law
of
nations
that
law
;
which
is
,
ordained
,
and
made
by
nations
,
and
the
law
of
nature
they
call
that
which
nature
it selfe
,
or
the
prescript
of
naturall
reason
without
the
will
,
and
decree
of
man
doth
make
,
and
ordained
.
But
the
Ciuill
Lawyers
doe
oftentimes
call
the
law
of
nature
,
that
law
or
right
which
is
common
also
to
brute
beasts
:
&
the
law
of
nation
,
that
law
,
which
all
men
,
and
onely
men
doe
vse
,
although-otherwise
it
be
grounded
vpon
naturall
reason
:
as
you
may
see
in
ff.
de
iust
.
&
iure
,
where
the
law
of
nature
is
described
to
be
that
,
which
Nature
hath
taught
all
sensible
creatures
,
and
is
not
onely
proper
to
men
,
but
common
also
to
beastes
;
fishes
and
birds
,
as
carnall
copulation
,
getting
of
children
,
and
bringing
of
them
vp
:
and
the
law
of
nations
is
described
to
be
that
,
which
all
Nations
doe
vse
,
and
which
is
common
onely
to
men
among
themselues
,
as
Religion
towards
God
,
to
obey
our
Parents
,
and
Countrey
,
to
defend
our selues
from
wrong
,
and
iniurie
.
And
therefore
as
very
well
obserueth
Paradulphus
.
Prateius
cited
by
Salas
,
Salas
Disp.
2.
seq.
4.
vnlesse
one
diligently
obserue
(
which
hath
giuen
occasion
to
many
men
of
errour
)
that
the
law
of
nations
is
by
the
Lawyers
sometimes
taken
for
the
true
law
of
nature
,
and
sometime
it
is
taken
for
that
law
,
which
is
made
,
and
receiued
by
the
greatest
part
of
mankind
,
and
doe
very
well
distinguish
these
two
,
he
will
neuer
come
to
the
true
knowledge
of
the
law
.
And
therefore
Bartholus
;
to
auoide
this
confusion
doth
distinguish
two
lawes
of
nations
,
the
one
he
calleth
Ius
primarium
;
the
first
,
or
principall
law
,
and
this
is
the
very
law
of
nature
,
which
he
defineth
to
bee
that
law
,
which
from
the
very
beginning
of
Nations
was
introduced
by
naturall
reason
,
without
any
decree
,
or
constitution
of
Nations
:
and
the
other
he
calleth
Ius
secundarium
,
the
lesse
principall
law
of
nations
,
which
all
Nations
doe
vse
by
their
owne
decree
,
or
constitution
.
The
third
is
,
that
the
law
of
nations
,
being
taken
most
properly
,
and
rigorously
is
both
a
positiue
law
,
as
many
Doctours
cited
by
Salas
doe
hold
,
that
is
,
it
is
a
law
made
,
and
enacted
by
the
positiue
constitution
of
men
,
and
not
by
the
prescript
of
naturall
reason
,
Salas
disp.
2.
sec.
3.
and
also
that
the
law
of
nature
which
doth
containe
in
it
both
the
knowne
principles
of
nature
,
or
naturall
reason
,
and
also
the
conclusions
,
which
are
clearely
,
easily
,
&
directly
deduced
from
those
principles
,
is
not
properly
the
law
of
nations
.
And
this
also
the
Emperour
Iustinian
doth
sufficiently
confirme
,
f
f
Institut.
de
Iure
nat
.
Gent.
&
ciuile
.
who
maketh
this
distinction
betwixt
the
ciuill
law
,
&
the
law
of
nations
;
that
whatsoeuer
euery
particular
people
,
or
nation
,
doth
enact
,
or
ordaine
,
that
is
called
the
ciuill
law
,
as
being
a
law
proper
to
that
citie
:
But
the
law
of
nations
is
common
to
all
mankind
,
for
that
custome
,
and
humane
necessities
so
requiring
,
the
nations
of
men
haue
made
to
themselues
certaine
lawes
:
and
truely
if
those
lawes
were
naturall
,
they
could
not
be
well
said
to
bee
made
by
men
,
but
by
nature
it selfe
,
or
by
God
the
Authour
of
nature
;
Seeing
therefore
that
the
law
of
nature
is
not
made
by
men
,
it
cannot
properly
be
called
the
law
of
nations
.
Whereupon
it
followeth
,
that
it
is
not
for
this
cause
onely
called
the
law
of
nations
,
for
that
all
nations
doe
vse
it
,
obserue
it
,
receiue
,
or
admit
it
,
as
being
easily
and
directly
deduced
from
the
very
principles
of
nature
,
but
for
that
they
doe
vse
,
obserue
,
receiue
,
and
admit
it
,
as
being
the
Authors
,
and
enacters
thereof
.
So
that
,
as
the
ciuill
law
,
and
the
law
of
nature
doe
take
their
name
or
denomination
from
the
Authors
,
or
makers
thereof
,
so
also
the
law
of
nations
.
Wherefore
the
law
of
nations
is
that
,
which
nations
made
for
themselues
,
and
therefore
it
is
a
positiue
law
.
For
all
nations
,
as
they
make
one
Communitie
of
mankind
,
haue
power
to
bind
euery
particular
man
to
those
things
,
which
are
conuenient
to
all
mankind
,
as
euery
city
hath
power
to
bind
euery
member
thereof
to
those
things
,
which
are
conuenient
for
that
Citie
,
and
euery
kingdome
to
those
things
which
are
conuenient
for
the
whole
kingdome
.
And
that
all
nations
had
intention
to
binde
men
to
some
things
,
it
is
manifest
by
tradition
,
&
they
might
sufficiently
declare
their
intention
by
words
,
customes
,
or
other
signes
,
especially
in
the
beginning
of
the
world
,
when
in
regard
of
the
few
number
of
men
,
and
of
their
mutuall
loue
,
and
concord
it
was
an
easie
matter
,
for
all
,
or
the
greater
part
of
men
to
agree
in
the
same
will
,
or
intention
,
and
in
some
manner
to
publish
,
and
declare
the
same
:
And
this
law
is
not
the
law
of
nature
,
for
that
it
is
grounded
in
humane
will
,
and
not
in
any
necessary
prescript
of
naturall
reason
;
neither
is
it
the
Ciuill
law
,
for
that
it
is
not
proper
,
and
peculiar
to
one
Citie
,
or
Kingdome
,
therefore
it
is
to
be
called
the
law
of
nations
,
not
onely
for
that
nations
doe
vse
,
receiue
,
and
admit
it
,
and
are
bound
to
obserue
it
,
as
Mr.
Fitzherbert
doth
heere
insinuate
,
for
that
they
are
bound
also
to
receiue
,
admit
,
and
obserue
the
law
of
nature
,
but
because
it
hath
it
force
and
obligation
to
bind
themselues
,
as
from
the
Authors
,
makers
,
and
enacters
thereof
.
For
first
they
agree
,
that
both
of
them
are
in
some
sort
common
to
all
men
,
in
which
respect
both
of
them
may
be
called
the
law
of
nations
,
or
of
men
,
if
we
onely
regard
the
word
or
name
.
Secondly
,
they
agree
,
that
as
the
matter
of
the
law
of
nations
hath
regularly
place
onely
among
men
,
so
also
the
matter
of
the
law
of
nature
is
proper
to
men
,
either
altogether
,
or
for
the
most
part
,
for
sometimes
also
the
law
of
nations
may
dispose
in
a
matter
common
to
brute
beasts
,
as
in
permitting
fornication
,
or
the
carnall
company
with
sundry
persons
,
which
is
common
also
to
beasts
.
And
therefore
many
examples
,
which
by
the
Ciuill
Lawyers
are
contained
vnder
the
law
of
nations
onely
in
regard
of
this
condition
,
as
Religion
towards
God
,
honour
to
Parents
,
piety
towards
our
Countrey
,
and
such
like
,
doe
onely
in
name
belong
to
the
law
of
nations
properly
so
called
,
for
in
very
truth
they
appertaine
to
the
law
of
nature
.
Thirdly
,
they
agree
,
that
in
both
of
them
are
contained
precepts
and
prohibitions
,
and
also
graunts
,
concessions
,
and
permissions
.
But
they
differ
first
and
principally
;
for
the
affirmatiue
precepts
of
the
law
of
nations
doe
not
inferre
any
necessitie
of
the
thing
commaunded
onely
of
it
owne
nature
by
some
euident
deduction
from
the
principles
of
nature
,
for
whatsoeuer
is
of
this
kind
is
naturall
;
and
therefore
this
necessitie
must
onely
proceede
from
the
consent
,
and
positiue
constitution
of
men
.
And
in
like
manner
the
negatiue
precepts
of
the
law
of
nations
doe
not
forbid
any
thing
because
it
is
euill
of
it selfe
,
for
this
also
is
meerely
naturall
.
Wherefore
in
regard
of
humane
reason
the
law
of
nations
doth
not
onely
declare
the
act
to
be
euill
,
but
doth
also
make
it
euill
,
neither
doth
it
forbid
euill
,
for
that
it
is
euill
,
as
the
law
of
nature
doth
,
but
by
forbidding
the
act
it
maketh
it
euill
.
Secondly
,
they
differ
in
vniuersalitie
,
and
communitie
to
all
Nations
:
for
the
law
of
nature
is
common
to
all
,
and
only
through
error
&
ignorance
it
is
not
kept
by
some
,
but
the
law
of
nations
is
not
alwaies
,
but
regularly
common
to
all
,
or
almost
all
nations
,
as
S.
Isidore
writeth
;
Isidor
.
lib.
5.
Etymolog
.
ca.
5.
whereupon
without
any
errour
that
law
may
in
some
places
not
be
obserued
,
which
by
others
is
thought
to
belong
to
the
law
of
nations
.
Thirdly
,
they
differ
in
mutability
.
For
the
law
of
nations
cannot
bee
so
immutable
as
the
law
of
Nature
,
because
immutability
doth
proceede
from
necessity
,
and
therefore
where
there
is
not
the
like
necessity
,
there
cannot
bee
the
like
immutability
.
Whereupon
wee
may
easily
gather
,
that
the
precepts
of
the
law
of
Nations
are
mutable
,
for
as
much
as
they
depend
vpon
the
consent
of
men
.
And
the
reason
is●
,
for
that
those
things
which
are
forbidden
by
the
law
of
Nations
,
are
not
simply
,
absolutely
,
and
intrinsecally
euill
of
themselues
,
because
these
precepts
are
not
deduced
from
the
principles
of
nature
,
by
any
necessary
or
euident
deduction
,
but
doe
onely
binde
by
vertue
of
humane
consent
,
which
hath
been
introduced
at
leastwise
by
a
generall
custome
,
and
therefore
in
regard
of
the
matter
there
is
no
repugnance
,
that
in
the
law
of
Nations
there
may
be
made
some
alteration
,
so
that
it
be
done
by
sufficient
authority
.
Wherein
it
is
to
be
obserued
,
that
this
mutation
doth
happen
otherwise
in
the
law
of
Nations
,
which
is
onely
common
,
for
that
all
,
or
many
Nations
doe
agree
in
such
,
or
such
a
law
,
and
otherwise
in
that
law
,
which
is
common
by
the
vse
and
custome
of
Nations
,
as
among
themselues
they
haue
a
certaine
Society
,
and
communication
.
For
the
first
law
may
bee
changed
by
a
particular
Kingdome
,
or
Common-wealth
,
for
as
much
as
concerneth
that
kingdome
,
or
Common-wealth
,
because
that
law
as
it
is
in
that
Kingdome
,
or
Common-wealth
,
is
intrinsecally
a
Ciuill
law
,
to
speake
so
,
and
it
is
onely
called
the
law
of
Nations
,
either
for
that
other
Nations
haue
the
same
law
,
or
else
for
that
it
is
so
neere
to
the
law
of
Nature
that
from
thence
the
vniuersality
of
such
a
law
doth
arise
:
But
this
law
,
as
it
is
per
se
,
and
of
it
owne
nature
in
euery
Common-wealth
,
doth
depend
vpon
their
peculiar
determination
and
authority
,
or
custome
of
that
Common-wealth
in
it selfe
,
and
without
respect
to
other
Common-wealths
,
therefore
it
may
be
changed
by
that
Common-wealth
,
for
as
much
as
concerneth
that
Common-wealth
,
although
others
doe
not
consent
thereunto
,
because
euery
Common-wealth
is
not
bound
to
conforme
her selfe
to
others
.
As
for
example
,
any
Common-wealth
may
ordaine
,
that
within
her selfe
common
harlots
shall
not
be
permitted
,
or
that
all
vniust
buyings
and
sellings
in
euery
excesse
whatsoeuer
shall
be
repealed
,
and
made
voide
,
or
that
they
shall
not
vse
money
,
but
other
kinds
of
exchangings
;
for
although
these
things
be
not
done
de
facto
,
because
there
is
no
cause
or
profit
to
doe
the
same
,
yet
in
respect
of
morall
honesty
,
and
sufficient
authority
they
doe
not
repugne
to
be
done
.
But
in
the
other
law
of
Nations
it
is
farre
more
hard
to
make
any
alteration
because
it
doth
respect
the
common
good
of
all
nations
,
and
it
seemeth
to
be
made
by
the
authority
of
all
,
and
therefore
without
the
consent
of
all
it
cannot
be
abolished
.
Neuerthelesse
in
regard
of
the
matter
there
is
no
repugnance
,
but
that
it
may
be
altered
,
if
all
Nations
should
consent
,
or
if
the
contrary
custome
should
by
little
and
little
be
brought
in
.
But
although
this
may
be
conceiued
as
not
repugnant
,
yet
morally
it
is
not
possible
,
for
that
this
law
being
so
neere
to
the
law
of
nature
,
and
so
conuenient
according
to
naturall
reason
,
it
is
scarse
possible
that
all
Nations
,
or
the
greatest
part
should
agree
to
the
abrogation
thereof
.
Neuerthelesse
in
another
manner
any
one
Communitie
may
command
,
that
among
themselues
onely
such
,
or
such
a
law
of
nations
be
not
kept
,
and
this
manner
is
possible
and
morall
.
And
so
the
law
of
nations
concerning
the
bondage
of
captiues
taken
in
a
iust
warre
,
is
changed
among
Christians
by
an
ancient
custome
of
Chrstians
,
which
is
as
it
were
a
speciall
law
of
Christian
nations
,
and
also
by
an
expresse
Imperiall
law
of
Iustinian
the
Emperour
,
Cod.
de
Episcopis
&
Clericis
,
leg
.
Deo
auxilium
.
Lastly
,
Suarez
distinguisheth
the
law
of
nations
from
the
Ciuill
law
,
first
in
this
,
that
the
law
of
nations
is
not
written
,
but
is
introduced
by
vse
and
custome
,
wherein
it
differeth
from
the
law
of
nature
,
which
although
it
be
not
written
,
yet
it
is
grounded
in
nature
,
and
not
onely
in
custome
;
but
the
Ciuill
law
is
both
written
,
and
not
written
.
Secondly
,
that
the
law
of
nations
is
introduced
by
the
vse
and
custome
of
all
nations
or
almost
all
;
for
it
is
sufficient
to
the
law
of
nations
,
according
to
Saint
Isidore
,
cited
before
,
g
g
Nu.
25.
that
all
nations
,
or
almost
all
nations
well
gouerned
doe
vse
the
same
:
but
the
Ciuill
law
,
although
it
may
also
be
introduced
by
custome
,
yet
it
is
introduced
by
the
custome
of
one
,
or
few
nations
,
and
bindeth
onely
them
.
Thirdly
,
that
the
Ciuill
law
may
be
altered
wholly
,
but
the
law
of
nations
,
cannot
,
speaking
morally
be
altered
wholly
,
but
onely
in
part
;
which
is
not
to
be
vnderstood
of
the
whole
collection
of
all
the
precepts
of
both
lawes
,
for
so
neither
of
them
can
morally
be
wholly
changed
,
because
it
is
morally
impossible
to
alter
all
the
ciuill
precepts
in
any
one
kingdome
,
but
it
is
to
be
vnderstood
of
euery
singular
precept
,
which
may
easily
be
changed
and
abrogated
throughout
the
whole
kingdome
,
but
no
one
precept
of
the
law
of
nations
can
throughout
all
nations
bee
abrogated
,
although
some
nation
doe
not
obserue
it
.
This
is
the
opinion
of
Suarez
concerning
the
difference
betwixt
the
law
of
nature
,
of
nations
,
and
the
Ciuill
law
.
positiue
law
positiue
law
totall
Ciuill
England
,
France
positiue
humane
law
Ciuill
lawes
one
law
Christian
nation
truely
,
properly
formally
one
Christ
.
Thirdly
positiue
law
Ciuill
law
pure
positiue
law
Ciuill
law
And
as
for
the
all
nations
it
is
manifest
,
that
it
cannot
dissent
from
those
infallible
grounds
,
which
I
haue
laid
alreadie
,
as
well
out
of
the
as
out
of
the
especially
seeing
that
there
is
nothing
,
wherein
all
doe
more
vniformely
agree
,
by
the
very
instinct
of
then
that
all
temporall
things
are
inferiour
to
spirituall
things
,
and
subordinate
thereto
,
whereupon
it
necessarily
followeth
,
&c.
Whereupon
it
necessarily
followeth
that
all
the
temporall
states
of
temporall
are
subordinate
to
the
and
to
the
head
thereof
,
and
to
bee
disposed
by
him
,
when
the
good
of
the
shall
so
require
,
as
I
haue
amply
declared
.
All
temporall
things
are
inferiour
,
subiect
,
and
subordinate
to
spirituall
things
,
in
worth
,
dignitie
,
and
excellencie
,
therefore
the
hath
power
to
dispose
of
all
temporall
things
,
when
the
good
of
the
shall
so
require
that
all
temporall
things
are
inferiour
to
spirituall
things
,
and
subordinate
thereto
,
first
,
transcendere
de
genere
ad
genus
,
to
transcend
from
one
kind
to
another
,
is
a
word
of
office
,
not
of
nature
,
two
totall
new
Law
Religious
Priests
And
therefore
the
Lawyer
affirming
that
is
that
,
which
is
common
onely
to
men
,
putteth
for
example
,
giuing
to
vnderstand
,
that
all
and
people
doe
agree
in
nothing
more
,
then
that
due
honour
is
to
bee
giuen
to
Almightie
which
is
not
done
,
when
any
thing
is
preferred
before
his
seruice
,
or
when
temporall
things
are
not
subordinate
to
spirituall
,
and
due
reuerence
,
respect
,
and
obedience
giuen
to
his
immediate
Ministers
.
immediate
Ministers
Due
honour
is
to
be
giuen
to
almighty
God
,
and
nothing
is
to
be
preferred
before
his
seruice
,
and
due
reuerence
,
respect
,
and
obedience
,
is
to
be
giuen
to
his
immediate
Ministers
,
therefore
the
hath
authority
by
the
to
depose
temporall
and
to
dispose
of
all
their
temporals
,
that
temporall
things
are
inferiour
and
subordinate
to
spirituall
things
,
Religion
towards
God
verbatim
Suarez
Religion
,
or
the
worshipping
of
God
,
Leg.
cap.
which
example
the
Lawyer
vsed
,
doth
absolutely
belong
to
the
law
of
nature
,
but
the
speciall
and
particular
determination
thereof
doth
belong
to
the
positiue
law
of
God
,
and
in
the
order
of
nature
,
it
would
belong
to
the
ciuill
or
priuate
But
the
meane
betwixt
both
seemeth
in
some
sort
to
belong
to
the
as
the
right
to
worship
God
by
Sacrifices
is
not
simply
,
or
absolutely
commanded
by
the
and
yet
all
d●
seeme
to
haue
agreed
therein
.
as
we
haue
said
,
treating
of
this
matter
,
and
therefore
it
may
worthily
be
said
to
belong
to
the
Likewise
,
that
there
should
be
in
the
Common-wealth
a
State
of
man
appointed
,
specially
to
the
seruice
of
God
,
doth
not
seeme
to
belong
to
the
absolute
yet
it
is
so
conuenient
and
agreeable
thereunto
,
that
almost
all
and
Common-wealths
haue
agreed
in
this
institution
,
at
least
wise
in
the
generall
,
although
in
the
particular
manner
there
hath
beene
great
variety
,
and
therefore
concerning
this
institution
in
generall
,
may
also
be
said
to
belong
to
the
religious
Priests
sixt
Chapter
religious
Priests
is
manifest
by
the
generall
consent
and
practise
of
all
who
haue
alwaies
preferred
diuine
things
before
humane
,
and
spirituall
things
before
temporall
as
in
immediate
Ministers
religious
Priests
in
this
there
was
a
great
variety
among
all
as
in
Fitzherbert
,
where
the
determined
of
the
life
and
death
of
in
such
sort
,
that
when
the
signified
to
them
that
it
was
Gods
will
they
should
die
,
they
presently
killed
themselues
.
that
this
custome
of
theirs
did
not
alwaies
continue
,
King
Erganes
Also
in
Fitzherbert
,
none
could
be
a
except
he
were
a
to
create
either
Priests
,
or
warlike
men
their
for
honour
and
nobility
was
giuen
to
warlike
men
for
their
fortitude
,
and
to
for
their
wisedome
:
But
he
that
was
chosen
out
of
warlike
men
to
be
their
was
foorthwith
made
a
and
partaker
of
philosophy
,
or
the
study
of
wisedome
.
Sicul.
l.
nations
.
For
although
in
times
past
,
did
the
greatest
and
chiefest
part
of
Sacrifices
,
and
they
with
the
other
did
concurre
in
sacred
rites
,
yet
after
they
became
to
wax
insolent
,
arrogant
,
and
cruell
,
the
for
the
most
part
taking
away
from
them
their
Empire
,
left
them
onely
authority
to
sacrifice
to
their
And
the
like
custome
Aduersary
,
was
also
obserued
among
the
whiles
they
were
Paynimes
that
their
custome
was
,
that
their
should
not
be
learned
Ioannes
Magnus
Pontifices
,
Archiflamines
,
Flamines
,
Salij
,
Augures
,
Ioan.
Magnus
Goths
.
Olaus
Alaricus
King
Apostles
Church
And
amongst
the
Fitzherbert
,
the
who
were
their
had
in
their
hands
the
chiefe
mannage
of
publike
affaires
,
deciding
all
controuersies
,
and
iudging
all
ciuill
,
and
criminall
causes
,
excommunicating
such
as
would
not
obey
them
,
and
those
that
were
so
excommunicated
were
abhorred
and
detested
of
all
men
.
I
haue
also
signified
before
what
authority
and
command
the
chiefe
had
in
the
Common-wealth
aboue
the
and
temporall
Magistrates
,
when
consideration
of
Religion
occurred
in
matters
of
State
:
Whereupon
Thus
saith
of
the
preheminence
,
and
soueraigntie
of
Religion
in
the
Romane
Common-wealth
.
And
for
the
time
of
the
Romane
Emperours
,
most
of
them
were
extreame
Tyrants
,
and
did
condemne
as
well
all
diuine
,
as
humane
lawes
,
yet
all
of
them
seemed
to
acknowledge
the
Soueraignty
of
Religion
,
in
that
they
tooke
vpon
them
the
title
and
dignity
of
chiefe
because
no
man
should
haue
any
authority
ouer
them
,
as
the
had
ouer
the
in
the
Romane
Common-wealth
and
yet
neuerthelesse
we
read
of
that
he
suffered
an
appellation
from
himselfe
to
the
and
that
they
reuersed
his
sentence
,
when
it
seemed
to
them
,
that
equitie
and
iustice
required
it
.
And
heereto
may
be
added
;
what
great
respect
the
of
the
beare
at
this
day
to
the
chiefe
who
hath
power
to
abrogate
any
law
made
by
them
,
if
it
seeme
to
him
to
be
repugnant
to
the
Religious
Priests
Religious
Priests
Religious
Priests
So
that
by
all
this
it
appeareth
,
that
howsoeuer
all
haue
differed
amongst
themselues
in
particular
rites
and
ceremonies
of
Religion
,
yet
they
haue
all
agreed
in
this
generall
principle
of
nature
,
that
there
ought
to
be
in
all
Common-wealths
a
due
subordination
and
subiection
of
humane
things
to
diuine
,
of
Policy
to
Religion
,
and
of
the
temporall
Magistrate
to
the
spirituall
,
in
matters
that
appertaine
any
way
to
Religion
:
Whereupon
it
followeth
,
that
being
grounded
vpon
the
principles
of
nature
,
cannot
patronize
,
or
admit
an
Oath
,
whereby
a
temporall
,
and
Secular
shall
be
exempted
(
in
matters
that
concerne
Religion
)
from
subiection
to
his
spirituall
and
speciall
to
the
Thus
said
I
in
my
concerning
the
law
of
whereby
it
appeareth
Religious
Priests
Religious
Priests
Religious
Priests
temporall
Prince
Religious
Priests
Religious
Priests
Thus
said
I
in
my
concerning
the
whereby
it
appeareth
,
that
the
said
which
is
deduced
directly
from
the
teacheth
,
and
confirmeth
not
onely
the
supreme
dignitie
of
Religion
in
the
Common-wealth
but
also
the
subordination
,
and
subiection
of
the
temporall
state
to
the
Religious
,
euen
in
temporall
matters
that
touch
Religion
;
and
that
the
custome
,
and
municipall
law
of
the
ordaining
the
same
in
their
Common-wealth
,
was
most
conforme
to
the
being
deduced
directly
from
the
knowne
principles
thereof
,
which
by
the
light
of
naturall
reaso●n
were
manifest
to
the
and
wise
amongst
the
and
therefore
whereas
ascribeth
the
preheminence
of
Religion
in
the
Common
wealth
of
the
to
a
municipall
law
,
denying
it
withall
to
proceede
from
the
law
of
which
was
the
ground
of
that
he
speaketh
as
problably
,
as
if
he
should
ascribe
an
effect
wholy
to
the
second
cause
,
and
denie
it
to
proceede
from
the
first
.
So
as
it
is
euident
,
that
he
hath
answered
as
vnprobably
and
imperfectly
to
my
arguments
drawne
from
the
as
to
the
former
grounded
vpon
the
a
humane
law
positiue
constitution
Religious
Societie
Ciuill
common-wealth
Religious
Priests
positiue
constitutions
Religious
Priests
Religious
Priests
Cleargie
men
new
law
Secular
Magistrates
humane
law
And
as
for
the
saith
only
,
that
I
haue
proued
nothing
else
thereby
,
but
that
the
is
the
supreme
superiour
of
the
in
spirituall
matters
,
he
is
to
vnderstand
,
that
albeit
I
haue
not
directly
prooued
any
thing
else
by
the
yet
I
haue
also
thereupon
inferred
the
extention
of
his
power
to
temporall
things
by
a
necessarie
consequent
.
For
hauing
concluded
,
that
the
doth
not
onely
establish
the
but
also
acknowledge
the
subiection
of
temporall
to
him
in
matters
belonging
to
their
soules
,
and
the
good
of
the
Church
I
added
this
inference
.
Whereupon
it
followeth
directly
,
that
it
acknowledgeth
also
,
by
a
necessarie
consequent
,
that
he
may
punish
them
temporally
in
their
persons
,
and
states
,
when
the
good
of
soules
,
and
the
seruice
and
glory
of
doth
require
it
,
according
to
the
rule
of
the
said
law
,
which
I
haue
touched
before
to
wit
,
and
that
And
therefore
I
conclude
,
that
the
doth
no
way
fauour
,
support
,
or
iustifie
the
and
much
lesse
inioyne
it
Ibid.
nu.
but
flatly
impugne
,
and
ouerthrow
it
.
Thus
said
I
in
my
remitting
my
Reader
for
the
more
ample
proofe
of
this
inference
,
to
that
which
I
had
before
handled
concerning
the
same
,
when
I
treated
of
the
law
of
which
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
well
conclude
,
that
the
arguments
in
my
grounded
as
well
vpon
the
lawes
of
as
vpon
the
law
,
doe
stand
sound
,
and
good
against
the
notwithstanding
any
thing
,
that
my
Aduersary
hath
beene
hitherto
able
to
bring
to
the
contrary
.
absurd
,
ridiculous
,
impertinent
,
friuolous
,
foolish
,
idle
,
fradulent
,
impious
,
malicious
,
Ciuill
law
spirituall
Pastour
Ciuill
law
Ciuill
law
Ciuill
law
Ciuill
law
Ciuill
law
Ciuill
law
Bellarmine
,
Gretzer
,
Lessius
,
Becanus
,
Suarez
,
necessarie
consequence
spirituall
Pastour
temporall
Prince
Ciuill
law
Ciuil
law
The
accessorie
followeth
the
principall
,
and
he
that
can
doe
the
greater
,
can
doe
the
lesse
,
B●ll
.
Gretzer
,
Lessius
,
Becanus
,
Ciuill
law
Ciuill
law
Excommunicate
Princes
Ciuill
law
namely
in
respect
of
those
clauses
,
which
do
exempt
temporall
Princes
from
excommunication
,
and
deposition
by
the
Pope
:
Ciuill
law
cannot
iustifie
the
but
doth
flatly
impugne
it
,
for
that
the
supposeth
and
implieth
the
Kings
to
be
supreme
head
of
the
English
Church
,
and
not
the
and
thereupon
denieth
the
authoritie
to
excommunicate
,
and
depose
a
temporall
Prince
.
excommunicate
Princes
Ciuill
law
ciuill
law
excommunicate
Princes
Ciuill
law
Ciuill
law
excommunicate
Princes
Mr.
Fitzherberts
courteous
Reader
depose
Princes
Canon
law
Victoria
,
Corduba
Pope
Innocent
Pope
Innocent
Princes
,
contemneth
the
voyce
of
the
Church
in
this
so
great
and
famous
a
Councell
,
and
is
to
be
accounted
a
Heathen
and
Publican
,
and
in
no
wise
a
Christian.
three
Chapters
new
Testament
that
I
am
falne
into
flat
heresie
,
yea
,
which
is
more
,
by
my
owne
grant
,
and
confession
,
Catholike
Church
ridiculous
absurditie
,
folly
,
temeritie
,
malice
,
impietie
,
impudencie
,
and
heresie
,
some
make
doubt
Bellarmine
,
whether
the
last
Councell
of
Lateran
vnder
Pope
Leo
the
tenth
,
which
most
expresly
defined
,
that
the
Pope
is
aboue
a
Generall
Councell
,
was
truely
a
Generall
Councell
,
therefore
euen
to
this
day
it
remaineth
a
question
also
among
Catholikes
,
whether
a
Generall
Councell
be
aboue
the
Pope
,
or
no.
Ambassadours
,
Bishops
as
Iudges
Pope
Gregorie
Matthew
Paris
Abbas
Vspergensis
Matthew
Paris
S.
Alban
probatae
vitae
&
religionis
expertae
,
of
an
approoued
life
,
and
tried
religion
,
Kings
,
Clerkes
Ohsequium
amicos
,
veritas
odium
parit
.
Flatterie
causeth
friends
,
trueth
enmitie
.
King
Iohn
All
these
being
gathered
together
in
the
place
aforesaid
,
and
according
to
the
manner
of
Generall
Councells
euery
man
being
placed
in
his
order
,
the
hauing
made
first
an
exhortation
Chapters
were
rehearsed
in
the
full
which
to
some
did
seeme
pleasing
,
or
easie
,
to
others
burdensome
.
At
length
he
beginning
his
speech
concerning
the
businesse
of
the
Crucifix
,
subioyned
saying
,
&c.
Matthew
Paris
But
that
which
after
the
Papall
manner
did
pretend
great
things
at
the
beginning
,
ended
in
scorne
and
mockerie
,
whereby
the
cunningly
deluded
the
and
all
that
came
to
the
Councell
.
For
when
they
now
perceiued
nothing
to
bee
done
in
so
great
a
businesse
,
they
being
desirous
to
returne
home
,
desired
leaue
one
after
another
:
which
the
did
not
grant
them
,
before
they
had
promised
him
a
great
summe
of
money
,
which
they
were
constrained
first
to
borrow
of
merchants
,
and
pay
it
to
the
before
they
were
permitted
to
depart
from
now
hauing
receiued
the
money
did
freely
dissolue
this
gainefull
and
all
the
departed
sorrowfull
Matthew
Paris
Pope
Innocent
rehearsed
in
the
full
Councell
they
seemed
to
some
pleasing
,
and
to
others
burdensome
,
seemed
to
them
heauie
,
and
burdensome
.
Illustrious
Cardinall
Matthew
Paris
that
the
Matthew
Paris
Chapters
,
which
seemed
pleasing
to
some
,
and
burdensome
to
others
,
were
rehearsed
,
made
,
in
the
full
Councell
.
that
nothing
at
all
could
be
plainely
decreed
by
the
by
reason
of
the
suddaine
departure
of
In
the
yeere
of
our
Lord
did
celebrate
at
in
the
or
Synode
,
at
which
were
present
the
&c.
Many
things
were
then
consulted
of
,
but
nothing
could
bee
plainely
decreed
,
for
that
that
those
of
made
warre
one
against
the
other
by
Sea
,
and
those
on
this
side
the
Alpes
by
land
(
therefore
the
going
thither
to
take
away
this
discord
,
dyeth
at
Perugia
)
Neuerthelesse
some
Constitutions
,
are
reported
to
bee
published
,
among
which
one
is
,
that
whe●soeuer
the
of
the
world
shall
offend
one
the
other
,
it
belongeth
to
the
to
correct
them
.
Many
things
in
conclusion
were
treated
of
for
the
recouering
of
the
holy
Land
.
Nauclerus
,
[
that
nothing
was
plainely
decreed
in
the
Councell
]
Pope
Innocent
Abbas
Vspergensis
yet
some
Constitutions
are
reported
to
bee
published
,
among
which
,
&c.
that
many
things
were
treated
of
for
the
recouering
of
the
holy
land
,
[
Many
things
were
consulted
of
,
yet
nothing
at
all
could
bee
plainely
decreed
]
that
many
things
were
then
consulted
of
,
but
nothing
could
be
plainly
decreed
,
that
the
seeing
the
power
of
the
Sarracens
to
increase
in
doth
celebrate
a
very
great
at
which
were
present
,
&c.
Many
things
were
consulted
of
,
&c.
Matthew
Paris
which
seemed
to
some
easie
,
to
others
burdensome
,
first
circumstance
Pope
Innocent
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
and
people
to
giue
aide
,
and
succour
to
the
holy
Land
,
&c.
The
same
yeere
held
a
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.
and
was
prorogued
vntill
the
feast
of
Saint
wherein
nothing
was
there
done
worthy
to
bee
remembred
,
but
that
(
which
before
was
vnheard
of
)
the
did
submit
her selfe
to
the
second
circumstance
Being
mooued
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
,
and
places
,
the
sacred
approouing
,
we
define
Sabellicus
,
it
was
sufficiently
agreed
vpon
to
make
warre
against
the
wicked
in
but
the
discord
betwixt
those
of
hindred
the
preparation
thereof
third
circumstance
that
he
had
these
decrees
out
of
an
ancient
Booke
,
Iacobus
Merlin
Pope
Innoncent
Pope
Gregory
decretall
Epistles
Canon
law
Pope
Gregory
Romane
Antiquary
Canon
law
Pope
Gregory
Pope
Alexander
Mathew
Paris
illustrious
Cardinall
Mathew
Paris
third
decree
Pope
Gregory
Illustrious
Cardinall
Pope
Innocent
in
the
Councell
Pope
Innocent
Mat.
Paris
rehearsed
in
the
full
Councell
by
Pope
Innocent
seemed
to
be
easie
and
pleasing
to
some
,
but
burdensome
to
others
:
at
the
first
beginning
of
the
spring
.
many
things
were
consulted
of
,
and
nothing
could
be
plainely
decreed
,
Abbot
Ioachim
did
disprooue
a
certaine
Booke
of
and
hee
condemned
the
errours
of
albeit
many
things
were
consulted
of
in
the
Councell
,
yet
nothing
at
all
,
which
to
some
seemed
easie
,
and
to
others
burdensome
,
could
be
plainely
decreed
,
common
consent
Matthew
Paris
in
the
full
Councell
Illustrious
Cardinal
Abbot
Ioachim
Canon
law
Pope
Gregory
Councells
,
Popes
Sholasticall
Doctours
Councell
Lateran
they
seemed
to
some
to
bee
easie
and
pleasing
,
but
to
others
heauy
and
burdensome
.
that
euery
future
hereafter
to
bee
chosen
,
must
make
this
confession
,
and
profession
,
before
his
election
be
published
,
that
he
doth
firmely
beleeue
the
holy
Catholike
faith
,
according
to
the
traditions
of
the
of
generall
and
of
other
holy
Fathers
,
but
especially
of
the
eight
Sacred
generall
to
wit
,
of
the
first
of
the
second
of
the
third
of
the
fourth
of
the
fifth
and
sixth
Constantinopolitan
,
and
the
eight
Constantinopolitan
,
and
also
also
generall
Councells
Pope
Innocent
Pope
Alexander
Frederikes
constitution
Pope
Innocent
Emperour
Fredricke
Pope
Gregory
heresie
,
errour
Generall
Councell
Pope
Leo
It
resteth
now
that
I
examine
the
probability
of
answeres
to
my
arguments
grounded
vpon
the
and
specially
vpon
a
constitution
and
Canon
of
the
great
and
famous
First
▪
third
Chapter
anathematize
all
heresie
,
and
condemne
all
heretickes
,
by
what
name
soeuer
they
be
called
,
that
they
being
condemned
shall
be
left
to
secular
potestaes
,
Magistrates
,
or
their
Bayliffes
to
be
punished
according
to
their
deserts
,
but
so
that
Cleargie
,
men
shall
be
first
degraded
from
their
Orders
or
Cleargie
,
and
if
they
bee
Lay-men
,
that
there
goods
shall
be
confiscated
,
but
if
they
be
Cleargie
men
,
that
their
goods
shall
be
applyed
to
the
Churches
,
from
whence
they
receiued
stipends
:
But
let
Secular
what
offices
soeuer
they
beare
,
bee
admonished
and
induced
,
and
if
it
shall
be
needefull
,
be
compelled
by
Ecclesiasticall
Censure
,
that
as
they
desire
to
be
reputed
and
accounted
faithfull
,
so
for
the
defending
of
the
faith
,
they
doe
take
publikely
an
Oath
,
that
they
will
sincerely
endeuour
to
their
power
to
cast
out
of
the
territories
subiect
to
their
Iurisdiction
all
declared
by
the
Church
:
So
that
from
hence
foorth
when
any
man
shall
bee
chosen
to
a
perpetuall
or
temporall
or
office
,
he
be
bound
to
confirme
this
Chapter
by
Oath
.
But
if
the
temporall
Lord
,
Officer
,
or
Landlord
,
being
required
and
admonished
by
the
shall
neglect
to
purge
his
territory
from
hereticall
filth
,
let
him
be
excommunicated
by
the
and
other
of
the
same
Prouince
.
And
if
he
shall
contemne
to
giue
satisfaction
within
a
yeare
,
let
it
bee
signified
to
the
chiefe
that
from
thenceforth
he
may
denounce
his
vassals
absolued
from
his
fealty
,
and
expose
his
Land
or
territory
to
be
taken
by
Catholikes
,
who
,
when
the
heritickes
bee
rooted
out
,
may
possesse
the
same
without
contradiction
,
and
conserue
it
in
the
puritie
of
faith
,
the
right
of
the
principall
being
reserued
,
so
that
he
giue
no
obstacle
to
this
,
nor
put
any
impediment
thereto
:
The
same
neuerthelesse
to
be
obserued
concerning
those
,
who
haue
no
principall
This
is
the
decree
of
the
Councell
.
principall
Land-lord
,
Officer
absolute
Princes
temporal
Princes
Lastly
,
to
that
decree
of
the
Councell
of
La●eran
so
often
inculcated
and
vrged
,
I
gaue
elsewhere
d
d
Widdr.
in
Praefat.
ad
Resp.
Apol.
nu.
43.
diuerse
answeres
,
which
this
Authour
F.T.
dissembleth
.
He
insinuateth
one
of
them
,
and
confuteth
it
mostly
coldly
,
to
wit
,
that
by
the
name
of
him
that
hath
not
a
principall
Land-lord
,
(
or
if
wee
will
needes
haue
him
called
Lord
)
Emperours
,
and
absolute
Kings
are
not
to
be
vnderstood
,
but
other
inferiour
Land-Lords
,
or
Officers
,
who
are
subiect
to
Kings
;
seeing
that
the
Emperour
Fredericke
fiue
yeeres
after
this
Councell
was
celebrated
,
made
the
same
decree
almost
in
the
very
same
words
,
changing
only
spiritual
penalties
into
temporal
,
who
by
the
name
of
him
that
hath
not
a
principall
Landlord
,
or
also
Lord
,
could
not
vnderstand
himselfe
,
and
other
absolute
Princes
.
Whereupon
I
probably
gathered
,
that
those
wordes
,
Non
habens
Dominum
principalem
,
Not
hauing
a
principall
Landlord
,
or
also
Lord
,
could
not
by
force
of
the
words
comprehend
Kings
,
and
absolute
Princes
,
who
,
vnlesse
they
be
namely
expressed
in
penall
lawes
,
are
not
to
bee
vnderstood
,
to
wit
,
by
the
generall
names
of
temporall
and
principall
Landlords
,
or
Lords
.
And
to
say
,
that
the
Emperour
did
not
comprehend
Kings
in
those
words
,
and
that
the
Pope
did
meane
to
comprehend
them
,
is
barely
to
say
,
not
to
demonstrate
:
considering
that
if
the
Synode
(
of
Lateran
)
had
meant
to
haue
comprehended
Soueraigne
Princes
in
that
decree
,
she
might
as
easily
haue
named
them
by
their
proper
names
of
Princes
,
as
by
the
generall
names
of
principall
Land-lords
,
Officers
,
or
Lords
,
or
who
haue
no
principall
Land-lords
,
Officers
,
or
Lords
,
especially
seeing
that
the
same
Councell
in
other
decrees
hath
vsed
the
peculiar
names
of
Princes
.
Wherfore
vntill
some
man
shall
clearly
demonstrate
,
(
I
say
not
shall
onely
show
probably
)
that
those
answeres
,
which
I
gaue
to
the
Councell
of
Lateran
,
are
altogether
improbable
,
no
effectuall
argument
can
bee
brought
from
that
Councell
,
whereby
it
may
certainely
,
and
euidently
be
prooued
,
that
it
is
so
certaine
that
the
Pope
hath
power
to
depose
Princes
,
that
the
contrarie
cannot
without
the
note
of
heresie
,
errour
,
or
temeritie
be
defended
by
Catholikes
.
Now
then
for
as
much
as
all
our
question
heere
is
concerning
the
of
the
and
that
some
of
those
,
who
may
reade
this
haue
neuer
seene
that
or
my
I
thinke
good
to
set
downe
here
,
what
I
said
in
my
concerning
that
Therfore
hauing
declared
,
that
the
Councell
of
was
gathered
by
the
generall
consent
as
well
of
the
as
of
the
and
of
the
of
the
Empire
,
I
added
,
that
there
were
present
thereat
,
19.
§.
6.
Paul
.
Aemil.
6.
Nauclar
41.
Blond
Concil.
Later
Matth
Paris
3.
Supplem
the
two
Patriarchs
of
and
the
substitutes
of
the
two
other
Patriarchs
of
Archbishops
,
Greekes
Prelates
,
that
is
to
say
,
aboue
Besides
that
there
assisted
also
the
but
also
of
the
and
of
other
absolute
So
as
I
conclude
,
that
it
was
the
greatest
,
and
most
generall
that
euer
was
assembled
in
the
and
then
I
added
further
as
followeth
.
This
was
the
great
held
vnder
the
third
,
in
the
yeere
of
our
Lord
wherein
it
was
decreed
thus
If
a
temporall
Lord
being
required
,
Thus
farre
the
Decree
of
this
Oecumenicall
Councell
assembled
by
the
consent
of
all
Christendome
;
wherein
you
see
not
only
the
authoritie
to
depose
was
auowed
,
and
acknowledged
,
but
also
the
practise
thereof
expressely
ordained
,
and
determined
,
when
shall
neglect
their
duetie
to
purge
their
states
of
heresies
,
and
contemn
with
all
the
Ecclesiasticall
Censures
.
Thus
said
I
in
my
and
now
to
come
to
he
chargeth
me
(
as
thou
hast
seene
,
to
haue
dissembled
many
answeres
,
which
he
made
else
where
concerning
this
Canon
.
he
saith
,
that
I
haue
neuerthelesse
insinuate
●one
of
them
,
and
answered
it
most
coldly
;
and
he
layeth
downe
his
said
answere
with
some
other
reason●
,
why
he
thinketh
it
to
be
probable
,
that
absolute
Princes
are
not
comprehended
in
that
Canon
.
Whereto
I
answere
,
that
I
wonder
vpon
what
ground
he
could
charge
me
with
the
dissimulation
of
his
former
answeres
,
which
I
protest
I
neuer
saw
,
vntill
I
chanced
to
haue
a
view
of
this
his
last
(
I
meane
his
whereto
is
annexed
the
other
which
hee
mentioneth
;
for
truely
if
I
had
seene
those
answeres
whereof
he
speaketh
,
I
would
not
haue
passed
them
ouer
with
silence
,
no
more
then
I
passed
and
such
other
,
as
were
then
come
to
my
knowledge
.
And
as
for
my
cold
answere
,
I
cannot
see
how
it
could
be
either
cold
or
hoat
,
to
an
argument
,
which
I
had
neuer
seene
,
but
how
hoatly
,
and
wisely
he
hath
answered
for
his
part
,
it
may
appeare
partly
by
the
argument
it selfe
,
and
partly
by
my
discourse
in
my
which
he
will
n●edes
take
for
an
answere
thereto
.
His
argument
you
see
,
is
,
that
for
as
much
as
the
Dominus
temporalis
,
&
Dominus
Principalis
,
principall
Lord
[
Lord
temporall
Land-lords
,
Gouernours
,
Magistrates
,
Mayors
,
Iudges
,
Sheriffes
,
Bayliffes
,
Constables
,
Secular
Potestaes
absolute
Princes
Mayors
,
Consulls
Iustices
,
Captaines
Marcquesses
,
Earles
,
Barons
Potestates
,
Gouernours
,
Consulls
Potestaes
,
Counsells
Gouernours
,
Consulls
,
Captaines
,
A●tians
,
Counsells
Sauoy
,
Florence
,
Mantua
,
Parma
,
&c.
Officers
,
Rectours
Apologeticall
Answere
Theologicall
Disputation
good
Reader
Emperour
Fredericke
Emperour
Fredericke
a
temporall
principall
Landlord
,
Gouernour
not
hauing
a
principall
Landlord
,
Gouernour
,
absolute
Princes
ex
vi
sua
,
by
force
of
the
words
Soueraigne
Princes
[
ex
vi
sua
,
by
force
of
the
words
Frederickes
constitution
Generall
words
absolute
Princes
absolute
Princes
generall
words
Emperour
Fredericke
.
Widdringtons
argument
is
,
that
for
as
much
as
the
made
the
same
fiue
yeeres
after
the
almost
in
the
same
words
,
changing
onely
the
spirituall
penalties
into
temporall
,
therefore
he
did
not
meane
to
include
therein
either
himselfe
(
who
was
free
from
the
subiection
of
lawes
,
or
else
other
absolute
who
were
not
subiect
to
him
.
Thus
argueth
he
.
But
how
doth
it
follow
hereon
,
that
the
of
the
did
not
include
him
,
and
all
other
For
albeit
they
were
free
from
all
temporall
lawes
,
yet
being
members
of
the
Catholike
they
were
subiect
to
the
lawes
of
that
and
the
rather
for
that
their
being
present
there
,
either
ratified
the
Decrees
thereof
or
at
least
did
not
contradict
them
.
But
to
the
end
that
this
controuersie
betwixt
my
Aduersary
and
me
,
concerning
the
law
,
may
be
the
better
vnderstood
,
I
thinke
it
not
amisse
to
lay
downe
,
what
I
haue
already
said
concerning
the
same
in
my
where
I
proued
against
that
the
said
law
was
so
farre
from
preiudicing
any
way
the
of
the
that
it
doth
notably
confirme
it
;
to
which
purpose
I
said
thus
.
Thou
shalt
therefore
vnderstand
the
second
of
that
name
,
being
in
the
beginning
of
his
reigne
an
obedient
child
of
the
and
willing
to
giue
publike
testimonie
thereof
to
the
world
,
thought
good
to
imitate
the
example
of
many
of
his
predecessours
,
as
well
in
the
confirmation
of
the
liberties
,
and
priuiledges
of
the
Cleargie
,
as
also
in
imploying
his
Imperiall
authoritie
in
the
extirpation
of
heresie
.
Concil.
Lateran
Innoc.
3.
And
forasmuch
as
this
had
then
lately
before
promulgated
diuers
Canons
to
both
those
ends
,
he
published
also
certaine
constitutions
on
his
part
,
with
manifest
relations
to
the
Canons
of
the
For
whereas
the
complained
of
the
small
charity
of
some
Secular
Princes
M.
Fitzherbert
who
had
made
lawes
,
and
constitutions
in
preiudice
of
the
Ecclesiasticall
immunities
,
and
priuiledges
(
which
lawes
also
the
did
wholly
abrogate
and
disannull
)
the
in
like
manner
,
in
the
to
his
lawes
,
lamenteth
of
the
iniquity
of
such
and
being
desirous
(
as
hee
testifieth
)
that
the
might
enioy
abrogated
by
his
first
decree
all
such
constitutions
,
as
any
or
other
within
the
Empire
had
made
against
the
liberties
of
the
Church
.
And
this
he
ordained
vnder
great
penalties
of
infamy
,
banishment
,
and
confiscation
of
goods
,
saith
he
So
hee
;
meaning
by
the
generall
that
of
which
was
held
but
a
few
yeeres
before
he
made
these
Constitutions
:
and
therefore
for
as
much
as
that
most
famous
generall
hauing
beene
held
so
lately
before
,
was
then
fresh
in
euery
mans
memory
,
it
was
needlesse
to
name
it
more
particularly
,
which
had
beene
requisite
,
if
hee
had
meant
any
other
Besides
that
the
layeth
downe
the
substance
of
the
of
the
said
made
in
fauour
of
the
liberties
,
and
immunities
of
the
Church
,
and
also
maketh
mention
of
this
law
of
and
in
relating
the
same
setteth
downe
particularly
the
clause
aboue
mentioned
,
to
wit
,
Whereby
it
is
euident
,
that
those
Imperiall
Constitutions
of
haue
a
speciall
relation
vnto
the
Canons
of
the
and
that
they
were
made
in
confirmation
thereof
.
This
also
appeareth
by
the
other
decrees
ensuing
,
wherein
the
either
followed
exactly
the
sense
,
meaning
,
and
substance
of
some
Canon
of
the
or
else
vsed
the
very
words
thereof
,
so
farre
forth
as
they
might
stand
with
the
stile
and
forme
of
an
Imperiall
law
,
as
it
may
bee
seene
,
not
onely
in
the
fragment
alleaged
by
but
also
in
diuers
other
parts
of
those
Constitutions
,
as
in
that
,
which
concerneth
the
receiuers
,
abetters
,
and
defenders
of
heretickes
,
being
alike
in
the
Imperiall
Constitutions
,
and
in
the
Canon
of
the
to
wit
And
the
onely
difference
betwixt
the
one
,
and
the
other
is
,
that
the
and
the
in
his
Constitutions
saith
wee
doe
out-law
them
,
because
it
did
not
belong
to
him
to
excommunicate
.
And
againe
,
the
in
the
end
of
that
imposeth
a
penalty
vpon
Cleargie
men
,
which
the
doth
not
in
his
Constitution
,
because
they
were
exempt
from
his
Iurisdiction
,
and
in
all
other
things
the
do
agree
word
for
word
The
like
also
may
be
obserued
in
the
concerning
such
as
are
onely
suspected
of
heresie
,
beginning
both
alike
,
to
wit
,
&c.
and
differing
onely
in
that
the
exposeth
them
to
if
they
doe
not
cleare
themselues
within
a
yeare
,
whereas
the
Imperiall
law
inflicteth
the
penalty
of
infamie
,
and
banishment
.
Also
the
same
forme
and
stile
is
kept
in
another
touching
an
oath
to
be
taken
by
all
to
doe
their
best
endeauour
to
exterminate
heretikes
;
And
finally
,
to
come
to
the
whereof
wee
now
specially
treate
,
it
seemeth
that
the
same
is
no
other
,
then
,
as
it
were
a
or
Copie
of
that
of
the
concerning
the
deposition
of
Princes
I
meane
,
except
onely
in
such
things
as
could
not
agree
with
the
forme
of
an
Imperial
law
,
or
exceeded
the
power
of
a
Secular
Prince
.
Therefore
whereas
the
ordaineth
,
that
the
and
other
should
excommunicate
such
as
would
not
purge
their
Countries
of
heresie
,
and
afterwards
also
(
if
they
remained
obstinate
)
denounce
them
to
the
to
the
end
hee
might
absolue
their
subiects
from
their
allegiance
,
and
expose
their
States
to
be
taken
by
Catholikes
,
Constitution
maketh
no
mention
of
as
neither
compatible
with
his
temporall
power
,
nor
conforme
to
the
stile
of
the
lawes
,
and
therefore
he
saith
onely
insteed
thereof
,
wee
doe
expose
his
land
to
bee
taken
by
Catholikes
,
and
in
this
onely
consisteth
the
difference
of
the
for
in
all
other
things
they
are
all
one
.
Thus
I
said
in
my
and
afterwards
hauing
accusion
to
satisfie
an
obiection
of
touching
these
words
in
the
(
which
words
vrgeth
to
prooue
,
that
the
tooke
the
authority
out
of
the
hands
)
vpon
this
occasion
,
I
say
,
I
showed
,
that
fiue
seuerall
the
third
the
fourth
the
fourth
the
fourth
and
the
fourth
;
knowing
right
well
that
the
said
Constitution
of
might
greatly
auayle
,
and
helpe
to
purge
the
Empire
of
heresie
(
yea
and
ease
them
of
the
labour
,
enuy
and
murmuration
,
which
might
be
incident
sometimes
to
the
deposition
of
some
within
the
Emperours
Dominion
)
did
ratifie
and
confirme
it
no
lesse
,
then
his
other
lawes
made
in
fauour
of
the
Church
,
which
they
would
neuer
haue
done
,
if
hee
had
sought
thereby
to
take
any
authority
from
the
or
to
preiudice
the
of
the
Thus
discoursed
I
in
my
Whereby
it
is
cleere
,
that
this
of
the
was
no
way
preiudiciall
to
the
of
the
but
a
notable
confirmation
of
it
,
ordaining
the
like
to
be
practised
and
executed
in
his
in
fauour
of
the
to
sh●w
his
obedience
thereto
,
and
to
the
and
therefore
whereas
my
Aduersary
will
needes
perswade
his
that
those
(
which
are
vsed
alike
in
the
and
in
the
haue
like
restriction
in
both
,
he
sheweth
himselfe
to
be
very
absurd
.
For
what
can
be
more
cleere
,
then
that
all
lawes
are
limited
,
&
c
?
Emperour
Frederike
Dominus
temporalis
,
Dominus
principalis
▪
a
temporall
and
principall
Land-Lord
,
Gouernour
,
or
Lord
,
did
represent
the
whole
Christian
world
generall
Parliament
the
inflicting
of
spirituall
Censures
spirituall
Pastours
the
inflicting
of
temporall
punishments
Secular
Princes
power
,
doeth
not
by
the
institution
of
extend
to
the
inflicting
of
any
temporall
punishment
,
as
death
,
exile
,
priuation
of
goods
,
positiue
grant
temporall
Princes
positiue
grant
,
consent
temporall
Princes
conuincing
argument
absolute
Princes
the
Church
Dominus
temporalis
,
Dominus
Principalis
very
absurd
Dominus
temporalis
,
Dominus
principalis
principall
Land-lord
,
Gouernour
Emperours
law
For
what
can
be
more
cleare
,
then
that
all
Lawes
are
limited
according
to
the
power
of
the
who
maketh
them
,
and
that
therefore
the
obligation
of
euery
lawes
is
extended
only
to
his
owne
subiects
?
whereupon
it
followeth
necessarily
,
that
albeit
the
being
made
in
generall
tearmes
,
do
comprehend
all
Christian
men
,
as
well
absolute
as
others
(
because
they
are
all
subiect
thereto
)
yet
the
of
temporall
being
made
in
the
like
,
or
in
the
same
generall
tearmes
,
can
comprehend
none
but
their
owne
subiects
:
and
this
being
so
,
what
an
absurd
argument
hath
.
made
,
who
because
the
words
are
all
one
in
the
of
the
and
the
of
the
will
restraine
the
sense
of
the
to
the
limits
of
the
temporall
power
,
which
could
not
exceede
his
owne
Dominion
?
And
therefore
though
the
words
be
generall
in
his
Law
,
yet
they
can
bee
vnderstood
of
none
,
but
such
as
being
his
subiects
,
held
their
or
states
of
him
,
or
of
some
other
in
his
Dominions
(
in
which
respect
and
other
temporall
which
held
not
of
the
could
not
be
comprehended
therein
)
though
the
same
generall
words
in
the
must
needes
comprehend
,
as
well
all
as
other
inferiour
because
all
of
them
being
are
subiect
alike
to
the
decrees
of
a
generall
Generall
Councells
absolute
Princes
generall
words
,
Dominus
temporalis
,
Dominus
principalis
,
or
did
not
in
the
decree
of
comprehend
either
himselfe
,
who
was
not
subiect
to
his
owne
law
at
leastwise
as
it
is
or
absolute
for
that
they
were
not
subiect
to
him
at
all
,
the
same
in
the
of
the
for
as
much
as
absolute
Princes
Christian
Princes
generall
wordes
,
Dominus
temporalis
,
Dominus
principalis
,
and
in
all
these
lawes
together
made
by
all
had
signified
the
selfe
same
persons
,
and
no
others
,
Emperours
,
Kings
absolute
Princes
Generall
Councells
Prouinciall
Councells
So
as
you
see
what
probable
arguments
giueth
vs
,
whiles
neuerthelesse
nothing
will
satisfie
him
from
vs
,
but
demonstrations
:
and
therefore
whereas
I
signified
all
this
in
effect
in
my
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
,
So
hee
;
requiring
,
as
you
see
,
a
of
this
point
,
and
craftily
concealing
,
and
dissembling
the
reason
that
I
gaue
for
my
assertion
,
in
my
as
if
I
had
giuen
none
at
all
,
but
onely
had
barely
said
,
that
in
the
law
,
is
not
to
be
vnderstood
of
as
it
is
to
bee
taken
in
the
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
and
the
is
so
pregnant
,
and
cleare
,
that
it
may
serue
for
a
demonstration
to
any
man
of
iudgement
For
I
thinke
it
is
not
more
cleare
to
any
such
,
that
two
and
two
make
foure
,
then
that
is
a
generall
tearme
,
including
absolute
as
well
as
other
and
that
they
are
included
in
those
words
of
the
because
they
being
members
of
are
as
subiect
to
a
generall
as
the
meanest
temporall
in
Christendome
:
As
also
it
is
no
lesse
cleare
,
that
in
the
constitution
can
be
extended
no
further
then
to
such
temporall
as
were
some
way
subiect
to
him
,
which
my
himselfe
acknowledgeth
,
albeit
he
absurdly
denieth
,
that
the
same
words
in
the
are
to
be
vnderstood
of
Kings
.
my
Aduersaries
hands
cleare
demonstrations
Supplement
,
is
that
the
constitution
is
no
way
preiudiciall
to
the
Canon
of
the
Councell
,
but
a
cleare
confirmation
thereof
,
which
I
neuer
denied
,
and
that
the
Emperours
law
could
extend
no
further
then
to
his
owne
subiects
,
and
that
the
Emperour
himselfe
,
and
all
Soueraigne
are
vnder
the
iurisdiction
of
a
generall
and
subiect
to
her
decrees
Emperours
law
Emperours
decree
pregnant
demonstrations
pregnant
demonstrations
pregnant
demonstrations
absurd
arguments
Parturiunt
montes
,
nascetur
ridiculus
mus
.
Masterships
,
Worships
But
perhaps
will
say
that
he
hath
added
another
reason
to
fortifie
the
same
,
which
was
and
absolute
are
not
included
in
penall
lawes
,
except
they
be
specified
therein
by
the
names
of
for
so
indeed
he
saith
,
inserting
the
same
cunningly
into
his
inference
,
to
make
his
argument
(
grounded
on
the
Emperours
law
)
to
seeme
the
more
probable
;
and
therefore
hauing
said
that
the
Emperour
could
not
vnderstand
either
himselfe
,
or
other
absolute
by
the
name
of
one
who
hath
no
principall
hee
concludeth
not
hauing
a
principall
Landlord
,
or
Lord
,
Thus
he
sliding
subtilly
as
you
see
,
from
the
law
,
and
the
reason
grounded
thereon
,
to
the
priuiledges
of
which
belongeth
to
another
question
,
and
shall
be
fully
debated
,
and
cleared
,
as
I
hope
in
the
next
Chapter
:
And
in
the
meane
time
I
conclude
for
the
present
,
that
in
all
this
hee
hath
shewed
himselfe
very
absurd
,
and
that
my
cold
answere
,
as
he
tearmeth
it
,
would
haue
beene
hote
enough
to
dissolue
his
frozen
and
friuolous
argument
,
if
he
had
not
wholly
dissembled
the
force
and
substance
of
my
discourse
in
my
concerning
this
point
penall
lawes
generall
tearmes
Emperours
law
Emperours
law
Dominus
temporalis
,
Dominus
principalis
,
generall
words
penall
lawes
generall
tearmes
absolute
Princes
Mr.
Fitzherberts
Courteous
Reader
Lateran
Councell
principall
Landlord
,
Gouernour
absolute
Princes
You
haue
heard
in
the
last
Chapter
,
how
my
Aduersary
teacheth
,
that
the
of
the
concerning
the
deposition
of
temporall
Lords
,
doth
not
comprehend
and
absolute
because
they
are
not
namely
specified
therein
,
So
he
,
which
he
also
more
amply
affirmeth
in
the
to
his
answere
(
whereto
he
remitteth
me
,
and
his
Readers
)
for
there
he
seemeth
to
ground
his
opinion
in
this
point
,
vpon
the
rules
of
the
lawes
,
saying
,
that
Lords
,
Magistrates
whereto
he
addeth
also
for
examples
sake
,
penall
Lawes
Bishop
,
because
,
saith
he
,
The
more
benigne
or
milde
part
is
to
be
chosen
in
penalties
,
and
it
is
conuenient
that
odious
things
be
restrained
,
and
fauours
amplified
or
enlarged
,
So
he
.
Whereto
I
answere
,
that
whereas
he
saith
,
that
are
not
comprehended
in
except
they
be
specified
by
the
name
of
I
say
that
if
this
were
true
,
this
absurdity
would
follow
thereof
,
that
absolute
should
be
exempted
from
diuers
wherein
all
the
world
hath
hitherto
held
them
to
be
included
,
as
from
the
of
the
ordaining
,
that
as
also
from
the
in
caena
Domini
,
and
from
the
Canon
,
forbidding
the
laying
of
violent
hands
vpon
Cleargie-men
,
and
diuers
other
generall
constitutions
,
from
the
which
they
were
neuer
yet
exempted
in
the
opinion
of
any
man
.
Apologeticall
Preface
that
absolute
Princes
are
not
vnderstood
to
be
comprehended
in
penall
lawes
,
vnlesse
they
be
expressed
by
name
,
in
penall
lawes
generall
names
Dominus
temporalis
,
Dominus
principalis
Lords
,
Magistrates
,
Iudges
,
Land-lords
,
generall
names
penall
lawes
generall
names
Aduersaries
first
Secondly
,
I
say
might
haue
done
well
to
haue
told
vs
,
or
at
least
quoted
in
his
margent
(
as
he
doth
not
)
in
what
we
may
finde
that
priuiledge
or
exemption
of
whereof
he
speaketh
;
for
sure
I
am
,
that
they
who
write
of
make
no
mention
thereof
may
be
seene
in
de
Imper.
who
setteth
downe
aboue
a
hundred
priuiledges
of
the
and
yet
doth
not
mention
any
such
.
absolute
Princes
penall
lawes
odious
matters
temporall
Land-lords
,
Gouernours
,
Iudges
,
Lords
,
absolute
Princes
Restaurus
Castaldus
penall
lawes
odious
matters
Land-lord
,
Gouernour
,
Iudge
Lateran
Councell
,
Emperours
,
Kings
,
principall
Land-lord
,
Gouernour
,
Iudge
,
An
Abbot
in
an
odious
matter
is
not
comprehended
by
the
name
of
Monkes
,
although
he
be
in
a
fauourable
matter
,
according
to
the
Doctours
in
cap.
by
the
name
of
Clearkes
in
a
fauourable
matter
are
vnderstood
all
that
haue
any
Clearkely
dignity
,
but
in
an
odious
matter
vnder
the
name
of
a
Clerke
are
not
comprehended
Bishops
,
no
Canons
,
nor
others
placed
in
dignity
,
nor
Monkes
,
nor
Religious
men
that
are
exempted
.
by
the
name
of
a
Priest
,
in
a
fauourable
matter
are
vnderstood
not
onely
Prasbyters
,
but
also
Deacons
and
Subdeacons
,
but
in
an
odious
matter
onely
Presbyters
,
arg.
cap.
si
quisque
de
cohab
.
Cleric
.
&
mulierum
,
Panormitan
obserueth
the
same
By
the
name
of
Monkes
Abbots
are
vnderstood
in
a
fauourable
matter
,
but
this
conclusion
is
not
true
in
an
odious
matter
Canon
Law
Quoties
species
aliquid
addit
generi
,
nunquam
appellatione
generis
venit
species
.
Whensoeuer
the
particular
doth
adde
something
to
the
generall
,
the
particular
is
not
to
be
comprehended
vnder
the
name
of
the
generall
,
Butrio
,
that
in
penall
things
the
mixt
,
compound
,
is
not
comprehended
vnder
the
simple
odious
matter
Gregorius
Sayrus
An
Abbot
going
to
Schooles
without
the
license
of
his
Superiour
,
and
Conuent
,
doth
not
incurre
this
punishment
,
according
to
in
the
places
aboue
cited
,
because
it
is
a
penall
constitution
,
and
therefore
rather
to
be
restrained
,
then
extended
.
Simonia
.
From
the
aforesaid
it
is
also
,
inferred
,
that
the
disposition
2.
Comment
or
constitution
,
which
speaketh
of
a
Monke
,
doth
not
comprehend
an
Abbot
if
the
matter
be
not
fauourable
,
as
Doctors
here
vpon
this
do
seeme
to
be
of
opinion
.
quicunque
communitatum
ipsarum
Potestates
,
Capitanei
,
Rectores
,
&c.
All
Potestaes
of
Communities
themselues
,
Captaines
,
Rectours
,
or
Gouernours
,
Consulls
,
Iudges
,
Counsellers
,
or
any
other
Officiall
,
or
Officer
,
who
doe
make
,
write
,
or
dictate
Constitutions
,
that
vsurers
are
to
bee
paid
,
or
being
paid
are
not
to
be
restored
,
that
because
this
is
a
penall
constitution
,
consequently
it
is
not
extended
to
persons
,
that
are
not
expressed
,
In
penalties
the
milder
part
is
to
be
chosen
.
that
when
in
his
Commissions
,
persons
of
lesse
worth
,
&
more
base
are
onely
signified
,
persons
of
greater
worth
,
and
dignitie
are
not
vnderstood
to
be
included
in
a
generall
clause
.
Emperours
,
Kings
absolute
Princes
Dominus
temporalis
,
Dominus
principalis
Emperours
,
Kings
Andreas
Duuallius
Andr.
Duual
Rom
Pont.
generall
Councell
Notum
est
nomine
Clericorum
,
&c.
It
is
manifest
,
that
in
an
odious
matter
Bishops
are
not
comprehended
vnder
the
name
of
Clerkes
,
nor
sometimes
in
the
same
matter
Religious
men
vnder
the
name
of
Monkes
,
neque
similiter
nomine
Dominorum
Reges
,
nor
likewise
vnder
the
name
of
in
regard
of
the
height
,
and
Maiestie
of
dignitie
.
I
will
say
more
,
that
perchance
in
an
odious
matter
the
King
of
France
in
regard
of
the
singular
prerogatiues
,
wherein
he
excelleth
other
is
not
comprehended
vnder
the
name
of
D.
Duual
Laeteran
Councell
probable
perswasion
manifest
demonstration
Emperours
,
Kings
absolute
Princes
principall
Land-lord
,
Gouernour
Besides
that
I
finde
the
opinion
of
expresly
contrary
thereto
.
For
wheras
the
famous
(
who
wrote
aboue
yeeres
agoe
he
alledgeth
for
the
same
three
Lawes
,
whereof
the
second
,
and
the
third
doe
directly
proue
our
intent
.
For
the
is
an
ancient
Decree
of
the
Pope
,
wherein
he
ordained
,
that
,
which
I
wish
my
Aduersary
well
to
note
for
two
respects
,
the
for
albeit
he
seemeth
to
admit
the
authority
of
the
Ecclesiasticall
Canons
,
yet
he
denieth
often
,
as
you
haue
heard
,
that
the
can
inflict
any
corporall
and
temporall
punishment
,
which
he
may
see
was
ordained
by
this
ancient
admitted
,
and
set
downe
in
the
body
of
the
law
,
besides
many
other
cleare
to
the
same
purpose
.
The
because
he
saith
that
are
not
included
in
penall
lawes
,
if
they
be
not
specified
by
the
name
of
whereas
neuerthelesse
he
may
see
,
that
this
ancient
Canonist
includeth
them
in
this
though
the
tearmes
thereof
are
very
generall
,
without
any
particular
mention
of
Cardinall
Hostiensis
Canonist
,
Ciuill
Lawyer
good
Reader
conuincing
proofes
Liberius
,
admitted
and
set
downe
in
the
bodie
of
the
Canon
law
,
Decretall
Epistle
The
Consulls
which
are
added
to
this
Epistle
,
to
wit
,
doe
shew
it
to
be
of
a
suspected
credit
,
for
I
could
neuer
find
their
names
to
be
in
oth
r
places
subscribed
to
deedes
,
writings
,
or
Calender
bookes
.
Whosoeuer
shall
presume
to
transgresse
these
things
,
first
let
them
be
subiect
to
the
terrible
iudgement
of
Almightie
God
,
and
afterwards
let
them
reuerence
or
feare
all
Regall
indignation
,
by
which
if
they
be
Bishops
,
or
Cleargie
men
let
them
fall
,
or
be
depriued
,
wholy
from
the
order
of
their
Priesthood
,
or
Cleargie
,
but
if
they
be
Monkes
,
let
them
be
separated
from
their
places
;
but
if
they
be
in
dignitie
,
or
haue
the
militarie
girdle
,
let
them
be
depriued
thereof
,
but
if
they
be
priuate
men
,
yet
noble
,
let
them
forfeit
all
their
substance
,
or
goods
;
but
if
they
be
ignoble
,
let
them
not
onely
be
whipped
,
but
also
perpetually
banished
,
that
all
men
being
repressed
by
the
feare
of
God
,
and
fearing
deserued
punishments
threatned
against
them
,
may
keepe
immooueable
,
and
without
perturbation
the
peace
of
the
holy
Churches
of
God
.
Giuen
the
eight
Calends
of
Iune
,
most
excellent
men
being
Consulls
generall
words
generall
words
generall
words
generall
words
generall
words
They
who
are
against
the
peace
of
the
Church
,
Hostiensis
.
And
this
will
be
much
more
cleare
by
the
testimony
,
cited
out
of
the
Canon
law
by
which
hee
taketh
out
of
the
title
wherin
there
is
no
particular
mention
of
absolute
by
the
name
of
neither
is
there
in
any
other
Decree
concerning
their
deposition
but
onely
this
Canon
of
the
now
in
question
:
so
as
may
see
,
not
onely
that
Kings
,
and
absolute
haue
no
such
exemption
from
penall
Lawes
,
as
he
pretendeth
,
but
also
that
they
are
included
in
the
generall
tearmes
ouen
of
this
Canon
of
the
Councell
of
in
the
opinion
of
a
famous
Canonist
,
who
wrote
not
past
fiftie
yeares
after
the
said
Councell
.
And
if
he
say
that
they
haue
had
this
exemption
,
or
priuiledge
since
that
time
,
let
him
shew
vs
when
,
and
where
they
had
it
,
which
I
am
sure
he
cannot
doe
,
as
it
may
appeare
by
the
who
comprehend
absolute
in
other
penall
lawes
,
wherein
they
are
not
otherwise
mentioned
then
in
generall
tearmes
,
as
he
may
see
in
in
his
Institutions
in
his
third
part
of
the
Directorie
,
in
his
Annotations
vpon
the
Lateran
Councell
De
haereticis
Pope
Gregory
that
whosoeuer
are
bound
,
or
obliged
to
manifest
heretickes
by
any
couenant
strengthened
with
neuer
so
great
securitie
are
absolued
from
the
bond
of
all
allegiance
,
homage
,
and
obedience
:
manifest
heretickes
generall
tearmes
Kingly
maiesty
,
all
men
whatsoeuer
,
generall
words
Lateran
Councell
Kingly
Maiestie
Simancas
,
Emericus
in
penall
lawes
odious
matters
Abbots
are
vnderstood
by
the
generall
name
of
by
the
generall
name
of
and
absolute
by
the
generall
name
of
a
temporall
Land-lord
,
Gouernour
Reges
,
temporall
Lords
,
and
Kings
:
are
forthwith
deposed
,
and
their
subiects
absolued
from
their
allegiance
,
generall
words
Breues
,
of
what
condition
,
dignitie
,
or
degree
soeuer
they
be
penall
lawes
generall
words
Monkes
,
Bishops
absolute
Princes
temporall
Lords
,
Gouernours
,
Potestaes
,
and
this
I
wish
him
to
note
well
)
And
whereas
seemeth
also
to
ground
this
his
deuise
vpon
two
rules
of
the
law
,
to
wit
,
that
and
that
the
same
is
commonly
true
,
when
the
text
of
the
is
so
obscure
,
or
the
case
so
doubtfull
,
that
two
,
or
more
opinions
may
bee
probably
gathered
thereof
touching
the
quantitie
,
or
qualitie
of
the
paine
,
and
how
farre
,
and
to
whom
the
same
is
to
bee
extended
;
for
in
these
cases
of
debt
,
or
such
like
,
the
more
fauourable
,
or
lesse
rigorous
opinion
is
to
be
followed
;
but
in
this
both
the
words
,
and
sense
are
so
cleare
,
that
hitherto
no
doubt
hath
beene
made
amongst
the
or
absolute
are
comprehended
therein
that
in
penall
lawes
,
and
odious
matters
,
an
is
not
included
in
the
generall
name
of
a
nor
a
in
the
generall
name
of
a
nor
a
in
the
generall
name
of
a
or
the
like
Emperours
,
Kings
generall
words
principall
Land-lord
,
Gouernour
penall
lawes
,
and
odious
matters
Land-lord
,
Gouernour
D.
Sanders
Besides
that
these
rules
haue
many
exceptions
,
which
are
very
considerable
,
and
haue
place
in
this
case
.
For
whereas
all
the
obscuritie
that
can
be
imagined
in
this
and
case
,
is
in
the
generall
words
,
the
Lawyers
teach
vs
,
that
generall
words
are
not
said
to
be
obscure
.
generall
words
principall
Lord
,
Gouernour
,
Iudge
absolute
Princes
,
Abbots
Secondly
,
this
rule
of
restriction
,
is
not
to
bee
vnderstood
and
therefore
the
Lawyers
also
teach
,
that
penalties
are
to
be
extended
as
farre
,
as
the
proprietie
of
the
words
doe
permit
.
in
penall
lawes
odious
matters
generall
words
Lord
,
Gouernour
Lord
,
Gouernour
penall
lawes
proper
sense
temporall
Lord
,
Gouernour
temporall
Lord
Thirdly
,
the
rule
faileth
,
when
the
reason
is
expressed
,
as
it
is
in
this
Canon
.
Lateran
Councell
temporall
Land
lord
,
Gouernour
Gouernours
,
Magistrates
Lords
,
Gouernours
,
Magistrates
Lastly
,
the
rule
Fitzherbert
,
holdeth
not
,
say
the
Lawyers
,
when
there
is
question
of
the
publike
good
,
or
the
fauour
of
the
Church
,
or
of
the
faith
,
or
of
soules
;
for
in
thes●●ases
penalties
are
to
bee
extended
,
and
the
law
interpreted
in
preiudice
of
the
delinquent
.
So
as
these
rules
doe
helpe
nothing
at
all
,
seeing
that
these
exceptions
,
which
are
admitted
by
the
Law
,
doe
cleerely
exclude
the
restriction
,
which
hee
requireth
by
vertue
of
the
rules
.
Andreas
Duuallius
penall
lawes
Abbots
,
Bishops
Monkes
,
Priests
Lateran
Councell
Dominus
temporalis
,
Dominus
principalis
penall
lawes
odious
matters
Abbots
that
all
lawes
are
limited
according
to
the
power
of
the
Law-maker
,
and
that
therefore
the
obligation
both
of
Princes
,
and
Church
lawes
is
extended
onely
to
their
owne
subiects
,
Lateran
Councell
generall
words
Lords
,
Gouernours
spirituall
Pastour
temporall
Prince
without
any
quotation
of
that
Bishops
,
and
Abbots
are
not
included
in
penall
lawes
,
except
they
be
mentioned
,
it
is
true
in
Bishops
in
the
case
onely
of
suspension
,
or
interdict
,
from
the
which
they
are
by
an
expresse
exempted
,
except
they
be
named
,
as
it
appeareth
in
the
where
also
the
saith
expressely
,
that
they
are
not
priuiledged
from
a
generall
penaltie
of
because
the
Pope
(
who
giueth
them
the
aforesaid
priuiledge
)
would
not
haue
them
to
be
exmpted
from
the
Canon
,
and
such
like
,
which
inflict
the
penalty
of
in
generall
tearmes
:
and
the
same
is
to
be
said
of
or
any
other
persons
of
dignitie
,
to
wit
,
that
they
haue
no
exemption
from
the
generall
tearmes
of
penall
lawes
,
except
they
be
priuiledged
namely
by
some
expresse
Canon
.
And
therefore
,
when
my
shall
shew
me
such
a
Canon
,
whereby
haue
the
priuiledge
that
he
pretendeth
in
their
behalfe
,
I
will
grant
that
he
hath
reason
to
exempt
them
from
the
of
the
In
the
meane
time
he
hath
no
more
probability
in
this
poynt
,
then
in
the
former
.
penall
lawes
generall
words
Si
quis
suadente
Diabolo
penall
lawes
odious
matters
,
Bishops
intend
in
his
commissions
to
comprehend
vnder
a
generall
clause
greater
and
worthier
persons
,
when
lesse
worthie
,
and
lesse
noble
persons
are
expressed
.
Lords
,
Gouernours
Lateran
Councell
Interdict
,
Bishops
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
,
Fitzherbert
,
whereas
saith
,
that
the
would
haue
specified
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
a
temporall
Lord
temporall
Landlord
which
is
also
sufficiently
explicated
in
this
very
wherein
we
see
that
a
tempprall
Landlord
is
diuided
into
two
sorts
,
the
one
of
those
who
haue
aboue
them
;
and
the
other
of
such
as
haue
none
,
of
which
sort
are
all
absolute
that
hold
of
none
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
will
take
vpon
him
not
onely
to
interprete
the
but
also
to
teach
it
how
to
speake
,
and
what
words
to
vse
,
or
else
it
must
be
of
no
force
.
absolute
Princes
generall
name
principall
Landlord
,
Gouernour
penall
law
Landlord
,
Gouernour
penall
law
spirituall
law
Dominus
temporalis
,
Dominus
principalis
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
law
,
whether
hee
bee
a
temporall
or
spirituall
Prince
,
Emperours
,
Kings
Christian
Princes
temporall
Lord
Shiriffes
,
Bayliffes
,
Constables
temporall
Lord
,
Gouernour
principall
Land-lords
principall
Gouernours
Lord
Chancellour
Lord
chiefe
Iustice
principall
Lord
absolute
Prince
absolute
Princes
proper
titles
Lateran
Councell
lesse
vaine
,
impertinent
and
insufficient
,
then
of
his
former
Chapters
Thus
thou
seest
that
these
few
exceptions
(
being
all
that
hath
taken
)
to
the
in
his
answere
to
my
are
no
lesse
vaine
and
impertinent
,
then
his
former
arguments
and
answeres
to
the
rest
of
my
discourse
:
and
this
is
as
much
as
at
the
first
I
meant
,
and
vndertooke
to
performe
;
neuerthelesse
,
forasmuch
as
he
hath
charged
me
to
haue
dissembled
his
other
answeres
and
arguments
touching
the
in
another
worke
of
his
(
which
as
I
haue
signified
before
I
neuer
saw
till
now
of
late
)
I
will
take
a
little
more
paines
,
and
craue
thy
further
patience
,
whiles
I
examine
the
validitie
thereof
,
which
I
might
forbeare
to
doe
if
I
did
write
in
because
the
same
arguments
and
answeres
of
my
are
very
learnedly
and
cleerely
confuted
in
as
well
by
in
his
(
whereof
I
haue
spoken
before
)
as
also
by
in
an
excellent
Treatise
concerning
onely
the
Decree
of
the
Councell
of
Lateran
,
to
which
two
I
might
,
and
would
wholly
remit
my
were
it
not
that
I
desire
to
giue
satisfaction
in
this
point
,
as
well
to
such
as
doe
not
vnderstand
the
tongue
,
as
to
those
that
haue
not
the
commodity
and
meanes
to
see
the
said
Treatises
;
besides
that
,
I
shall
now
and
then
,
vpon
some
speciall
occasions
,
touch
some
things
which
seeme
to
me
very
considerable
,
and
are
not
touched
by
them
,
or
any
other
,
for
ought
I
know
.
good
Reader
that
all
lawes
are
limitted
according
to
the
power
of
the
Law-maker
,
Ecclesiasticall
Canons
absolute
Princes
absolute
Princes
Dominus
temporalis
,
Dominus
principalis
Land-lords
,
Gouernours
holy
Scriptures
,
ancient
Fathers
some
cleere
definition
generall
Councell
demonstratiue
reason
Lateran
Councell
temporall
Princes
,
seeing
all
lawes
are
limitted
according
to
the
power
of
the
Law-maker
,
very
many
Doctours
the
Lateran
Councell
depose
Princes
Fitzherberts
Replies
which
he
hath
now
and
then
,
vpon
some
speciall
occasions
touched
,
and
which
seeme
to
him
very
considerable
,
and
yet
are
not
for
ought
he
knoweth
touched
by
them
or
any
other
.
Callixtus
,
Vrbanus
Lateran
Councell
My
Aduersary
in
his
to
his
answere
to
an
hath
not
onely
vrged
the
arguments
,
and
absolute
are
not
included
in
that
Decree
of
the
yet
it
seemeth
to
be
manifest
,
that
they
are
;
or
at
least
may
be
comprehended
therein
.
saith
he
Soueraigne
Princes
Thus
argueth
he
for
vs
,
and
not
much
amisse
,
and
therefore
let
vs
see
how
he
will
answere
it
.
He
giueth
to
this
obiection
three
answeres
;
The
is
,
that
both
doe
oftentimes
decree
many
things
,
which
belong
rather
to
the
politicall
or
temporall
,
then
to
the
spirituall
,
or
Ecclesiasticall
power
to
decree
,
with
the
expresse
,
or
tacite
consent
of
who
are
there
present
by
themselues
,
or
their
Ambassadours
,
or
at
leastwise
presuming
,
or
hoping
,
that
will
ratifie
the
same
.
And
this
say
some
Expositours
of
the
Canon
law
,
saith
where
the
commaundeth
the
goods
of
heretikes
to
be
confiscated
,
demaundeth
what
the
hath
to
doe
with
temporalls
?
And
he
answereth
with
his
that
in
very
deede
he
hath
nothing
to
doe
therewith
,
but
he
made
this
Decree
with
the
assent
of
the
who
being
then
present
at
gaue
his
consent
This
is
first
answere
,
wherein
you
see
he
relyeth
specially
vpon
the
authoritie
of
who
grounding
his
opinion
vpon
alledgeth
him
to
no
purpose
at
all
,
partly
for
that
no
such
thing
is
to
be
found
in
in
the
place
,
which
he
quoteth
(
to
wit
,
and
partly
because
not
onely
teacheth
euidently
elsewhere
,
that
the
hath
direct
Dominion
ouer
all
temporall
States
(
whereupon
it
followeth
that
he
may
dispose
thereof
,
and
of
temporall
things
,
as
he
shall
haue
iust
cause
)
but
also
affirmeth
,
and
teacheth
expresly
,
that
absolute
may
bee
deposed
by
the
and
their
states
exposed
to
bee
taken
by
other
Catholikes
,
if
they
bee
negligent
to
purge
their
states
of
heresie
,
and
to
this
end
he
citeth
this
very
of
the
whereof
we
now
treate
,
to
wit
,
yea
and
addeth
further
,
that
the
may
depose
a
for
his
negligence
in
Gouernement
,
alledging
for
the
same
,
not
onely
but
also
the
example
of
How
then
can
or
any
man
else
truely
say
,
that
was
of
opinion
,
that
the
hath
nothing
to
doe
with
temporall
things
?
Ioannes
Parisiensis
giueth
this
answere
,
that
the
hath
nothing
to
doe
with
temporall
things
,
Ioannes
Parisiensis
Christian
Princes
direct
dominion
contrarie
doctrine
temerarious
improbabilitie
Ioannes
Parisiensis
Lateran
Councell
vt
Comites
,
Barones
,
Rectores
,
&c.
that
Earles
,
Barons
,
Gouernours
,
and
Consulls
of
Cities
,
and
of
other
places
Dominus
temporalis
,
Dominus
principalis
,
&
non
habens
Dominos
principale
)
shall
promise
by
making
a
corporall
oath
,
according
as
they
shall
be
admonished
by
the
Bishops
,
that
they
will
faithfully
,
and
effectually
,
when
they
shall
be
required
by
them
,
helpe
the
against
heretikes
,
and
their
partakers
,
vnfainedly
according
to
their
office
and
power
:
and
if
they
shall
not
obserue
the
same
,
let
them
be
depriued
of
the
honour
,
which
they
haue
,
and
let
them
in
no
wise
be
assumed
to
other
honours
,
&c.
some
Doctors
doe
say
,
that
therefore
this
was
of
force
,
because
the
Emperour
was
present
,
and
gaue
his
consent
secundum
D.
N.
according
to
Pope
Innocent
the
fourth
,
whom
he
called
Ioannes
Andreas
Comites
;
Note
that
the
doth
decree
concerning
lay-men
,
but
this
is
in
regard
of
sinne
.
Others
say
,
that
therefore
these
decrees
were
of
force
because
the
gaue
his
consent
,
and
was
present
.
Comites
;
Note
that
the
may
ordaine
concerning
Lay-men
,
but
this
is
in
regard
of
sinne
.
Others
say
,
that
these
decrees
are
therefore
of
force
,
because
the
was
present
Ioannes
Parisiensis
Lord
Pope
Innocent
that
it
was
therefore
valued
,
and
of
force
,
because
the
was
present
,
and
gaue
his
consent
.
Canon
law
Hostiensis
did
write
vpon
the
Chapter
Ad
abolendam
,
or
vpon
other
textes
Canon
Lawyers
Ioannes
Parisiensis
But
it
is
no
maruaile
if
shewed
himselfe
partiall
towards
in
some
things
concerning
the
authority
,
seeing
that
he
liued
and
was
a
Reader
in
in
the
time
of
the
troubles
betwixt
the
eight
,
and
King
of
France
,
who
being
excommunicated
by
the
said
and
extreamely
incensed
against
him
could
not
want
learned
men
to
second
his
humor
;
especially
such
as
were
his
borne
subiects
,
and
liued
within
his
dominions
;
Neuerthelesse
howsoeuer
may
seeme
in
the
words
alleadged
by
my
to
affirme
,
that
the
hath
no
power
at
all
to
dispose
of
temporall
things
;
yet
it
is
cleere
that
he
teacheth
elsewhere
,
that
in
some
cases
the
may
dispose
of
the
temporall
goods
,
not
onely
of
Ecclesiasticall
persons
,
but
also
of
all
the
faithfull
.
And
of
this
might
haue
taken
notice
,
when
he
wrote
against
me
,
if
it
had
pleased
him
,
seeing
that
he
was
admonished
thereof
by
who
sheweth
that
teacheth
expresly
Ioan.
Paris
that
the
being
the
supreme
head
of
and
of
the
faithfull
,
may
(
as
the
generall
informer
of
faith
and
manners
)
dispose
the
goods
of
the
faithfull
,
and
decree
them
to
bee
exposed
,
so
farre
foorth
as
the
common
and
extreame
necessitie
of
faith
and
manners
shall
require
;
and
further
,
that
if
the
be
an
hereticke
,
and
incorrigible
,
the
may
not
onely
excommunicate
him
,
but
also
force
the
people
to
depose
him
,
and
againe
afterwards
he
saith
that
if
the
be
an
hereticke
,
his
vassall
is
not
bound
to
follow
him
,
and
that
the
may
deliuer
his
subiects
from
the
obligation
of
their
oath
of
allegiance
.
By
all
this
it
appeareth
,
that
albeit
doth
giue
lesse
vnto
the
then
he
ought
(
as
well
noteth
)
yet
he
giueth
him
as
much
as
sufficeth
for
our
purpose
,
seeing
that
it
little
importeth
to
the
substance
of
the
maine
question
betwixt
our
Aduersary
and
vs
(
which
is
,
whether
the
may
depose
a
temporall
Prince
)
I
say
it
little
importeth
how
,
and
in
what
manner
he
may
doe
it
(
whether
by
a
Iuridicall
sentence
of
deposition
or
otherwise
)
so
as
it
is
granted
,
that
he
hath
authoritie
to
discharge
the
subiects
of
their
Oath
of
allegiance
,
yea
and
to
compell
them
to
depose
him
,
which
expresly
teacheth
;
wherevpon
it
may
be
inferred
,
that
his
meaning
was
in
the
place
before
obiected
,
that
the
may
not
dispose
of
temporall
things
but
onely
and
in
some
cases
,
which
ouerthrowe
the
foundation
of
our
doctrine
touching
this
question
:
and
this
may
suffice
for
him
and
Ioannes
Parisiensis
Ioannes
Parisiensis
that
it
is
no
maruaile
,
that
Cardinall
and
diuers
other
Romane
Diuines
,
and
shewed
themselues
partiall
towards
Popes
in
some
things
concerning
the
Popes
authoritie
,
seeing
that
they
liued
and
were
Readers
in
or
in
the
Dominions
in
the
time
of
the
troubles
betwixt
the
Pope
Gregorie
temporall
Princes
,
and
therefore
could
not
want
learned
men
to
second
their
humours
,
especially
such
as
either
were
their
borne
subiects
,
and
liued
in
their
Dominions
,
Ioannes
Parisiensis
But
more
probably
it
may
be
said
on
the
contrary
side
,
that
those
who
so
vndutifully
aduance
the
authoritie
,
doe
speake
for
feare
,
or
fauour
of
him
,
seeing
that
they
are
who
may
rather
bee
promoted
by
him
:
and
especially
seeing
that
they
themselues
doe
say
,
though
not
well
,
that
the
doth
graciously
embrace
those
that
doe
extend
,
or
amplifie
his
authoritie
,
and
represseth
those
that
speake
against
the
same
.
Secondly
,
Ioannes
Parisiensis
&
haec
Papae
ordinatio
non
est
nisi
iuris
declaratio
,
&
this
ordaining
,
or
disposing
of
the
Pope
,
is
nothing
else
,
then
a
declaring
of
the
Law
of
God
,
first
part
To
that
which
is
obiected
that
the
hath
sometimes
absolued
souldiers
from
their
oath
of
fealtie
.
Besides
that
it
is
an
argument
which
is
onely
introduced
concerning
I
answere
,
that
it
was
rather
a
of
the
law
,
to
wit
,
that
the
did
not
bind
in
that
case
,
then
an
absoluing
from
the
oath
of
fealtie
:
first
part
,
Ioannes
Parisiensis
way
of
sentence
definition
,
declaration
whether
the
hath
authority
to
depriue
by
way
of
sentence
an
hereticall
of
his
right
to
raigne
iuridicall
sentence
iudiricall
sentence
is
rather
a
declaring
of
the
law
,
then
an
absoluing
from
the
oath
of
allegiance
:
by
way
of
sentence
derectiue
,
declaratiue
commanding
power
Ecclesiasticall
Censures
Ioannes
Parisiensis
Ioannes
Parisiensis
iuridiall
sentence
Ioannes
Parisiensis
Ioan
Pari●
declaring
the
law
of
God
Ecclesiasticall
Censures
deposing
Princes
indirectly
Ioannes
Parisiensis
Illustrious
Cardinall
depose
Princes
lower
house
There
remaines
the
which
is
this
;
whether
if
hauing
made
an
Oath
to
and
their
people
,
either
themselues
,
o●
their
Predecessours
,
to
liue
and
die
in
the
Christian
and
Catholike
Religion
,
and
doe
afterwards
violate
their
rebell
against
bidding
him
open
warre
,
that
is
to
say
,
fall
not
onely
to
open
profession
of
from
Christian
Religion
,
but
with
all
passe
to
force
their
subiects
consciences
,
and
goe
about
to
plant
or
any
such
like
infidelitie
within
their
states
,
and
thereby
to
destroy
,
and
roote
out
whether
,
I
say
,
in
this
case
,
their
subiects
on
the
other
side
may
not
bee
declared
absolued
from
their
And
this
comming
to
passe
,
to
whom
it
appertaineth
to
pronounce
this
absolution
.
This
then
is
the
point
in
controuersie
betweene
vs
:
For
your
article
containeth
the
negatiue
;
that
is
to
say
,
that
in
no
case
whatsoeuer
the
subiects
may
bee
absolued
from
the
made
to
their
As
on
the
contrarie
side
all
other
parts
of
the
Catholike
Church
,
together
with
this
of
since
the
institution
of
vntill
the
comming
of
held
the
affirmatiue
proposition
,
which
is
,
that
when
the
breakes
the
he
hath
made
to
and
his
subiects
to
liue
,
and
dye
in
and
doeth
not
onely
become
an
or
a
but
manifestly
warres
against
in
compelling
his
subiects
in
matters
of
conscience
,
and
constraining
them
to
embrace
or
any
other
detestable
infidelitie
:
That
then
this
may
bee
declared
falne
from
his
right
,
as
culpable
of
felonie
towards
him
to
whom
hee
hath
made
the
Oath
of
his
Realme
,
that
is
to
and
his
subiects
may
bee
absolued
in
conscience
,
both
at
the
spirituall
,
and
Ecclesiasticall
Tribunall
,
from
the
they
haue
made
vnto
him
.
And
that
in
this
case
,
it
belongs
to
the
authoritie
of
the
resident
either
in
her
head
the
or
in
her
body
a
to
publish
this
declaration
.
And
not
onely
all
the
other
parts
of
the
Catholike
Church
,
but
likewise
all
the
who
liued
in
from
the
first
setting
vp
of
Schooles
of
amongst
them
,
haue
held
the
affirmatiue
opinion
,
that
in
the
case
of
hereticall
,
or
infidell
and
such
as
persecute
their
subiects
may
bee
absolued
from
their
By
meanes
whereof
though
the
contrarie
doctrine
were
the
truest
,
yet
notwithstanding
all
the
other
parts
of
the
being
against
it
,
you
cannot
hold
it
for
more
them
in
matter
of
faith
.
I
call
that
doctrine
which
we
are
not
bound
to
beleeue
,
by
necessity
of
faith
,
and
the
contradictorie
thereof
doth
not
binde
them
that
belieue
it
with
and
disunion
,
or
separation
from
the
communitie
.
Otherwise
you
must
acknowledge
that
the
communion
which
you
exercise
with
the
other
parts
of
the
holding
the
contrary
doctrine
,
yea
euen
that
communion
which
you
conserue
with
the
memorie
of
your
predecessours
,
was
vnlawfull
,
defiled
with
heresie
and
excommunication
.
Regall
authority
two
questions
declared
fallen
declared
absolued
second
question
new
Oath
Royall
dignity
actually
discharged
to
be
discharged
sacred
bond
spirituall
action
Soueraigne
Prince
desperate
position
Regall
authority
false
,
damnable
infidell
Princes
damnable
doctrine
Romane
Catholike
manifest
Arch-traitour
Soueraigne
Lord
Catholike
Romane
faith
heresies
must
be
Catholike
Church
infidell
Prince
as
culpable
of
felony
towardes
to
whom
hee
hath
made
the
oath
of
this
Realme
?
erroneous
doctrine
ciuill
dominion
is
founded
in
grace
,
or
faith
,
Romane
Emperours
being
culpable
of
fellony
towards
Christ
bidding
him
open
warre
,
and
compelling
their
subiects
to
rebell
against
and
to
embrace
heresie
,
or
infidelity
,
and
seeking
thereby
to
destroy
,
and
roote
out
Christianity
.
Apostata
Princes
Christian
Princes
Royall
right
they
doe
rebell
against
Christ
,
and
bid
him
open
warre
,
and
doe
force
their
subiects
consciences
,
and
goe
about
to
destroy
and
roote
out
Christianitie
within
their
states
,
morall
Philosophie
Aristotles
Politikes
Lord
Cardinall
English
oath
Kings
Maiestie
that
not
onely
all
the
other
parts
of
the
but
likewise
all
the
that
liued
in
from
the
first
setting
vp
of
Schooles
of
Diuinitie
amongst
them
,
haue
held
,
that
in
the
case
of
hereticall
or
infidell
and
such
as
persecute
Christianity
,
or
Catholicke
Religion
,
their
subiects
may
be
absolued
from
their
The
English
writers
,
who
haue
put
their
hand
to
pen
for
the
defence
of
the
made
by
the
present
against
the
hauing
vsed
all
their
endeauour
to
finde
some
and
in
particular
who
had
held
their
opinion
before
these
last
troubles
,
could
hitherto
bring
forth
neuer
any
one
,
neither
who
saith
,
that
in
case
of
heresie
,
or
Apostacie
from
Christian
Religion
,
the
Subiects
could
not
bee
absolued
from
the
or
from
the
obligation
that
they
owe
to
their
English
Catholickes
English
oath
secundum
subiectam
materiam
,
according
to
the
matter
which
he
treateth
of
,
three
estates
that
the
subiects
of
the
could
not
be
absolued
from
the
bond
of
their
temporall
allegiance
by
any
authority
whatsoeuer
,
either
spirituall
or
temporall
.
ciuil
Common-wealth
Ioannes
Parisiensis
Iacobus
Almainus
Ioan.
Paris
Ioan.
Parisiensis
Ioannes
Maior
English
Translatour
that
this
difference
is
found
between
these
two
oathes
,
that
whereas
the
in
one
of
the
clauses
seemes
to
exclude
not
only
the
authoritie
of
the
but
euen
of
the
common-wealth
also
(
yea
though
it
should
be
accompanied
with
that
of
the
that
of
shootes
only
at
the
abnegation
of
the
first
sight
Theologicall
disputation
that
the
neither
of
himselfe
by
any
authoritie
of
the
Church
or
Sea
of
Rome
,
hath
any
power
or
authority
to
depose
the
King
,
that
there
is
no
power
on
earth
,
whatsoeuer
either
spirituall
or
temporall
,
which
hath
any
right
ouer
his
kingdome
to
depriue
the
sacred
persons
of
our
nor
to
dispence
,
or
absolue
their
subiects
from
that
loyaltie
,
and
obedience
,
which
they
owe
to
them
for
any
cause
,
or
pretence
whatsoeuer
:
English
Translatour
that
our
is
more
sweete
and
modest
,
or
moderate
,
then
that
of
France
.
first
sight
[
which
hath
any
authority
ouer
his
Maiesties
kingdome
to
depriue
]
temporall
power
temporall
power
Iohn
Tanquarell
that
the
Christs
Vicar
,
and
a
Monarch
,
hauing
spirituall
and
secular
power
,
hath
authoritie
to
depriue
who
rebell
against
his
precepts
of
their
kingdomes
,
and
dignities
.
temporall
Common-wealth
Lord
Cardinall
hath
not
found
out
one
Authour
,
either
Diuine
or
Lawyer
,
who
hath
said
,
that
in
case
of
heresie
or
infidelity
,
the
subiects
cannot
bee
absolued
from
the
oath
of
fidelity
,
and
the
obligation
,
which
they
owe
to
their
Prince
.
The
onely
hath
authority
to
depriue
,
or
depose
Emperours
,
Kings
,
and
Princes
,
Bartholus
,
Baldus
Petrus
Andreas
Gambara
Gregorius
,
Tholosnus
Gregor.
Thol.
14.
24.
25
French
Doctour
Pope
,
who
called
to
helpe
him
against
the
and
when
he
came
he
absolued
him
from
the
oath
he
had
made
to
his
King
being
neither
heard
,
nor
called
,
nor
defended
,
nor
accused
,
as
doe
affirme
that
the
might
bee
deceiued
in
his
opinion
,
for
that
hee
would
reward
bringing
an
army
in
his
defence
,
with
the
hurt
of
another
.
French
Doctours
French
Peeres
Alexander
Carerius
2.
3
Cardinall
Bellarmine
Hee
that
hath
no
Iudge
vpon
earth
,
we
must
confesse
that
many
Iudges
cannot
Iudge
.
For
in
denying
a
singularitie
by
a
collectiue
and
generall
word
,
pluralls
are
accounted
to
bee
denied
.
It
is
manifest
therefore
,
as
hath
beene
said
before
,
that
the
and
people
for
want
of
coactiue
power
,
or
authoritie
,
which
Vassalls
haue
not
ouer
their
Lord
,
cannot
iudge
,
nor
depose
their
Prince
.
Aristotle
,
The
Philosopher
speaketh
of
a
who
is
instituted
by
the
election
of
the
Communitie
,
for
such
a
one
is
punished
and
deposed
by
the
Communitie
,
which
doth
principally
institute
him
,
as
the
and
people
of
who
choose
to
themselues
a
and
if
he
offend
against
the
common-wealth
shee
may
depose
him
:
But
it
is
otherwise
in
a
who
naturally
,
and
by
succession
,
and
descending
of
a
certaine
race
doth
raigne
.
Lord
Cardinall
hic
&
nunc
Ioannes
Parisiensis
Theologicall
Disputation
hereticall
Princes
Kings
Maiesty
Si
Dominus
temporalis
,
if
any
Prince
,
Land-lord
,
Maior
,
Iudge
,
Consull
,
Potesta
,
Gouernour
,
Shiriffe
,
Bayliffe
,
Constable
,
Pettie
Lord
Emperours
,
Kings
Dominus
temporalis
,
any
Prince
Vasallos
ab
eius
fidelitate
denunciet
abfolutos
,
that
he
may
absolue
his
subiects
from
their
of
fidelitie
that
he
may
denounce
his
Vassals
absolued
from
their
fidelity
a
fidelitate
their
fidelity
from
their
oath
of
fidelity
the
decree
of
the
that
it
should
bee
altogether
held
,
that
the
most
blessed
mother
of
was
conceiued
without
the
spot
of
originall
sinne
,
and
did
strictly
ordaine
,
that
none
heereafter
should
in
that
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
:
to
determine
an
article
of
faith
,
to
make
a
manifest
and
ineuitable
schisme
in
the
yea
and
to
precipitate
men
into
a
manifest
heresie
,
and
account
the
if
he
should
not
hold
the
same
,
not
to
bee
the
head
of
the
but
an
hereticke
,
and
Antichrist
,
and
all
the
other
parts
of
the
who
should
maintaine
the
contrary
,
not
to
bee
true
parts
of
the
but
members
of
Lord
Cardinall
Ioannes
Parisiensis
And
as
for
the
matter
it selfe
,
for
the
which
my
Aduersary
produceth
their
testimonies
,
(
to
wit
,
to
prooue
,
that
many
decrees
of
the
and
generall
touching
temporall
things
haue
beene
alwaies
made
with
the
expresse
,
or
secret
consent
of
I
cannot
see
what
he
could
gaine
,
or
prooue
thereby
for
the
question
now
in
hand
,
if
it
should
be
granted
him
.
For
would
hee
inferre
,
that
because
many
things
haue
beene
decreed
by
touching
temporall
matters
,
therefore
no
such
thing
could
be
decreed
in
the
without
them
?
Who
seeth
not
the
weakenesse
,
and
absurditie
of
this
inference
,
seeing
that
nothing
else
can
follow
of
those
premisses
directly
,
but
that
,
as
diuers
other
decrees
concerning
temporall
matters
,
haue
beene
made
with
the
consent
of
the
so
also
it
may
be
,
that
this
of
the
was
made
in
like
manner
with
their
consent
;
which
no
man
will
deny
;
yea
wee
willingly
grant
not
onely
that
it
might
bee
so
,
but
also
that
it
was
so
and
inferre
thereupon
,
that
forasmuch
as
all
Christian
gaue
their
consent
to
this
in
that
famous
generall
which
was
,
as
I
may
say
,
the
of
all
therefore
they
are
,
and
euer
shall
be
subiect
thereto
,
except
it
be
repealed
by
some
other
generall
of
like
authoritie
.
But
how
doth
it
follow
,
that
because
this
,
and
diuers
other
concerning
politicall
matters
,
haue
beene
ratified
by
temporall
therefore
they
could
not
be
lawfully
made
without
their
consent
?
which
is
the
point
,
that
must
prooue
,
if
he
will
argue
to
the
purpose
.
Ioannes
Parisiensis
absolute
Princes
Landlords
,
Magistrates
absolute
Princes
generall
words
temporall
Princes
according
to
the
opinion
of
some
Doctors
,
Pope
Innocent
Io.
Andreas
Ad
abolendam
,
de
haereticis
if
Counts
and
Barons
,
Rectours
and
Consuls
of
Cities
,
and
of
other
places
doe
refuse
to
take
an
oath
to
defend
the
Church
against
heretikes
,
they
shall
be
depriued
of
their
honour
,
had
therefore
force
Lateran
Councell
Lateran
Councell
absolute
Princes
absolute
Princes
absolute
Princes
absolute
Princes
Lateran
Councell
force
to
binde
Ioannes
Parisiensis
Lateran
Counsell
force
to
binde
force
to
binde
force
to
binde
Ioannes
Andreas
Ad
abolendam
,
ideo
valuisse
quia
Imperator
,
aut
Princeps
consensit
,
Was
therefore
of
force
,
because
the
Emperour
or
Prince
gaue
his
consent
?
Lateran
Councell
Christian
Princes
absolute
Princes
inferiour
Landlords
,
Magistrates
generall
Councell
Christian
Princes
law
of
all
Christian
Nations
Lateran
Councell
But
how
absurd
is
this
it
may
appeare
euen
by
former
graunt
,
and
expresse
doctrine
for
this
power
being
spirituall
(
in
respect
of
the
spirituall
end
whereto
it
reduceth
all
temporall
things
)
must
needes
bee
independent
of
temporall
vnlesse
we
shall
also
grant
them
a
supreame
spirituall
authority
.
vicious
actions
spirituall
punishments
temporall
punishments
temporall
punishments
spirituall
punishments
temporall
punishments
spirituall
things
temporall
punishments
spirituall
power
temporall
Princes
supreame
temporall
power
spirituall
end
supreame
spirituall
authority
Besides
that
this
may
be
conuinced
,
by
the
practise
of
all
the
primitiue
Church
in
the
time
of
the
when
not
only
corporall
,
and
temporall
things
were
commanded
by
the
Church
,
but
temporall
and
comporall
penalties
ordained
without
the
ratification
,
or
consent
of
any
temporall
primitiue
Church
primitiue
Church
pittifull
arguments
conuincing
proofes
This
may
appeare
by
a
decree
of
Pope
in
the
time
of
the
Emperour
whereby
as
well
were
forbidden
vpon
paine
of
infamie
to
make
conspiracies
against
their
Bishops
.
Wee
haue
heard
that
the
crimes
of
conspiracies
doe
raigne
in
your
parts
;
and
it
hath
beene
made
manifest
vnto
vs
,
that
their
people
doe
conspire
against
their
The
subtilty
,
or
malice
of
which
offence
is
abhominable
,
not
onely
among
Christians
,
but
also
among
Heathens
,
and
is
forbidden
by
externall
lawes
;
And
therefore
not
onely
Ecclesiasticall
,
but
also
Secular
laws
do
condemne
them
that
are
guilty
of
this
crime
,
and
not
onely
those
that
do
conspire
,
but
those
also
who
consent
to
them
.
And
our
predecessours
with
a
great
company
of
Bishops
haue
commanded
all
them
that
are
placed
in
Priestly
dignity
,
or
are
Clergy-men
,
to
fall
from
the
dignity
,
which
they
haue
,
&
haue
commanded
,
that
the
rest
be
depriued
of
Communion
,
and
to
be
banished
from
the
Church
,
and
haue
thought
,
or
iudged
all
men
together
of
either
order
to
be
infamous
,
&
not
onely
the
doers
,
but
those
also
that
consent
to
them
.
And
these
are
not
to
be
admitted
to
the
accusing
of
any
man
,
nor
the
word
of
them
,
or
of
excommunicated
persons
can
hurt
or
accuse
any
man
.
Lawes
,
Courts
Greg.
Tholo
7.
and
other
Doctors
infamia
iuris
Canonica
,
infamie
of
the
spirituall
Court
,
Ecclesiasticall
Canons
other
infamie
Ciuill
law
infamia
iuris
Ciuilis
,
infamie
of
the
Ciuill
law
,
or
Court
,
criminall
Court
ciuill
infamie
Secular
dignities
Secular
Court
second
conuincing
proofe
Pagan
Emperours
Concil.
&
And
his
Successour
ordained
in
like
sort
the
penaltie
of
infamy
,
adding
also
imprisonment
,
and
perpetuall
banishment
for
such
as
should
goe
about
to
vexe
and
molest
and
to
depriue
them
of
their
goods
,
and
possessions
.
Pope
Callixtus
Canon
,
Attendendum
infamy
,
imprisonment
perpetuall
banishment
Canon
Attendendum
Canon
,
that
if
any
man
molest
Churches
,
he
shall
be
condemned
of
perpetuall
infamy
,
and
hee
imprisoned
,
and
banished
for
euer
,
because
we
ought
,
according
to
the
Apostle
,
to
deliuer
such
a
man
to
that
the
spirit
may
bee
safe
in
the
day
of
our
Lord
,
Canon
Attendendum
that
Church-goods
ought
not
to
be
taken
away
by
any
man
,
and
applied
to
prophane
vses
,
least
they
incurre
the
punishment
,
and
death
of
and
which
is
worse
bee
made
and
if
they
shall
not
fall
dead
in
body
,
as
did
,
yet
there
soule
which
is
of
more
worth
then
the
body
doth
fall
dead
,
and
be
separated
from
the
company
of
the
faithfull
,
and
doth
slide
into
the
deepe
pit
of
hell
,
because
,
according
to
the
wee
ought
to
deliuer
such
a
man
to
Canon
Attendendum
Pope
Vrbanus
Pagan
Emperours
whosoeuer
did
take
away
,
or
prophane
the
goods
of
should
be
committed
to
prison
,
or
perpetually
banished
Protestant
Churches
perpetually
banished
conuincing
proofes
Pope
Callixtus
Pope
Vrbanus
Pope
Callixtus
third
conuincing
proofe
Prouinciall
Councell
in
the
time
of
father
to
the
great
,
&
enacted
,
that
men
should
abstaine
from
their
wiues
,
not
only
some
daies
before
they
receiued
the
Concil.
in
notis
in
Annal.
anno
in
fine
but
also
in
time
of
Lent
,
and
Easter
,
assigning
for
the
later
ayeeres
penance
,
or
to
pay
fiue
and
twentie
shillings
to
the
Church
,
or
to
the
poore
:
and
in
another
Canon
they
ordained
that
and
their
Ministers
might
whip
husband-men
with
rods
,
for
great
crimes
,
to
make
them
doe
penance
against
their
wills
,
least
they
might
perish
eternally
;
in
which
Canons
,
as
also
in
the
former
Decrees
of
the
the
penalties
imposed
were
meere
temporall
,
albeit
there
was
not
then
,
as
I
haue
said
,
any
Christian
to
ratifie
the
same
Melchior
Canus
Cardinall
Bellarmine
conuincing
proofe
two
decrees
Burchardus
,
Iuo
S.
Augustine
,
S.
Chrysostome
Garsias
Loaisa
a
most
learned
Interpreter
Pagan
Emperours
Pagan
Emperours
two
Canons
first
Canon
second
Canon
second
Canon
If
the
more
ancient
of
these
husband-men
shall
take
it
in
ill
part
,
or
will
therefore
vse
any
reuenge
,
or
shall
presume
to
defend
them
,
that
they
be
not
beaten
,
they
shall
be
punished
with
the
sentence
of
Ecclesiasticall
Excommunication
.
Canon
,
that
they
may
doe
penance
against
their
wills
,
against
their
wills
simply
and
absolutely
,
against
their
wills
,
secundum
quid
,
that
they
shall
be
compelled
to
doe
penance
,
and
suffer
themselues
to
be
beaten
against
their
wills
,
simply
voluntary
Heereto
may
be
added
the
Constitution
of
the
themselues
in
their
held
at
wherein
they
imposed
vpon
the
Christians
a
burden
(
as
they
called
it
)
whereof
part
was
meerely
temporall
,
to
wit
,
to
abstaine
from
blood
,
and
that
which
was
strangled
say
they
Thus
said
they
in
their
disposing
,
as
you
see
,
of
a
temporall
thing
by
their
owne
authoritie
,
without
any
hope
,
or
expectation
of
the
consent
,
or
ratification
of
any
temporall
Magistrate
;
as
they
also
did
the
like
in
the
institution
of
which
,
as
all
the
Fathers
doe
acknowledge
,
is
an
tradition
,
and
consisteth
in
a
meere
temporall
affliction
;
and
the
like
may
be
said
,
not
onely
of
all
the
examples
alledged
by
mee
before
,
See
c.
concerning
the
practise
of
the
(
partly
in
corporall
punishments
,
and
partly
in
the
disposition
of
temporall
things
)
but
also
of
the
custome
of
the
primitiue
Church
,
to
impose
corporall
penances
consisting
in
fasting
,
watching
,
wearing
of
haire-cloth
,
and
such
like
,
which
albeit
they
were
temporall
things
,
yet
were
imposed
by
the
vpon
her
children
,
by
her
owne
authority
,
though
alwayes
for
a
spirituall
end
,
to
wit
,
for
the
good
of
soules
,
and
Gods
greater
glory
and
seruice
.
Whereupon
it
followeth
,
that
the
may
also
now
in
like
manner
dispose
of
temporall
things
to
the
same
end
,
by
her
owne
authority
,
without
demanding
the
consent
,
or
ratification
of
any
temporall
for
no
sufficient
reason
can
bee
assigned
,
why
the
could
doe
it
then
,
and
not
now
;
neither
yet
why
it
may
for
a
spirituall
end
punish
a
man
temporally
,
in
his
body
,
by
some
corporall
affliction
,
and
in
his
honour
by
infamy
,
and
not
in
his
temporall
goods
,
and
state
;
especially
seeing
that
all
temporall
goods
are
inferiour
to
the
body
,
and
both
body
and
goods
,
ordained
for
the
seruice
of
the
soule
,
and
for
spirituall
ends
;
Whereupon
,
I
say
,
it
followeth
euidently
,
that
the
consent
of
temporall
is
altogether
needlesse
to
the
validitie
of
concerning
temporall
things
,
albeit
the
hath
alwaies
vsed
to
auaile
her selfe
of
their
authoritie
and
power
,
for
the
execution
of
all
her
Decrees
,
as
well
spirituall
,
as
temporall
matters
and
to
that
end
admitteth
,
and
requireth
the
assistance
of
temporall
or
their
in
generall
so
as
by
all
this
it
appeareth
euidently
,
that
the
needed
not
the
consent
,
or
ratification
of
the
or
other
temporall
for
the
validitie
of
the
now
in
question
;
and
consequently
that
my
first
answere
to
the
obiection
proposed
by
himselfe
,
is
to
no
purpose
.
that
the
by
her
spirituall
authoritie
may
without
the
consent
of
command
,
enioyne
,
or
impose
temporall
,
and
corporall
penalties
,
commanding
,
disposing
punishing
temporally
enioyning
temporall
punishments
conuince
by
the
practise
of
all
the
primitiue
in
the
time
of
the
that
corporall
and
temporall
things
were
not
onely
commanded
,
but
also
ordained
by
the
without
the
ratification
,
and
consent
of
any
temporall
that
I
doe
grant
,
and
expresly
teach
,
that
the
hath
power
to
command
corporall
,
and
temporall
things
,
as
they
are
reduced
to
spirituall
,
Lateran
Councell
Primitiue
Church
conuincing
proofe
first
answere
Canon
Law
MY
second
answere
to
the
obiection
before
mentioned
was
taken
from
an
exposition
of
the
Glosse
vpon
the
Canon
Adrianus
dist.
63.
Where
the
Pope
commaundeth
the
goods
of
those
who
doe
violate
his
Decree
to
be
confiscated
,
and
vpon
the
Canon
,
Delatori
5.
q.
6.
where
he
ordaineth
the
tongues
of
calumniatours
,
or
false
accusers
,
to
be
pulled
out
,
or
being
conuicted
their
heads
to
bee
stroken
off
.
For
to
these
Decrees
the
Glosse
answereth
thus
,
Hîc
docere
Ecclesiam
quid
facere
debeat
Iudex
Secularis
,
The
Church
teacheth
heere
,
what
a
Seculiar
Iudge
ought
to
doe
.
Which
answere
of
the
Glosse
may
be
accommodated
or
applied
to
the
like
Decrees
,
wherein
the
sacred
Canons
doe
inflict
temporall
punishments
.
And
this
answere
the
words
of
Siluester
doe
also
fauour
&c.
Thus
I
answered
in
the
foresaid
Preface
.
that
it
is
as
idle
as
the
former
.
For
although
it
were
true
,
that
this
were
to
be
vnderstood
,
as
would
haue
it
,
yet
it
would
not
follow
thereon
,
that
the
same
may
be
truely
applied
to
all
other
of
the
which
concerne
the
imposition
of
temporall
punishments
(
especially
to
the
of
the
which
ordaineth
the
for
this
doth
treate
onely
of
such
,
as
are
subiect
to
the
iurisdiction
of
whereas
the
of
the
speaketh
of
absolute
on
whom
no
Secular
Iudge
,
or
Magistrate
can
execute
any
penaltie
,
and
therefore
there
is
such
disparitie
in
these
cases
,
that
the
obiected
by
my
Aduersarie
cannot
be
iustly
applied
to
both
alike
.
Emperours
,
Kings
absolute
Princes
conuinced
.
Secondly
two
Canons
absolute
Princes
Lateran
Councell
Canon
Hadrianus
,
did
excommunicate
,
and
commaunded
,
vnlesse
hee
should
repent
,
his
goods
to
be
proclaimed
,
or
confiscated
,
whosoeuer
should
infringe
this
Decree
,
Emperours
,
Kings
absolute
Princes
principall
Land-lords
,
Gouernours
principall
Landlords
,
Gouernours
Emperours
,
Kings
absolute
Princes
Lateran
Councell
absolute
Princes
Lateran
Councell
Secular
Princes
Lateran
Councell
the
Canon
of
the
absolute
Princes
prtitio
principij
,
a
giuing
that
for
a
reason
,
which
is
the
maine
question
betweene
vs
,
Lateran
Councell
Canon
Alius
Pope
Gregory
that
an
other
Bishop
of
deposed
the
from
his
kingdome
,
and
absolued
all
the
from
their
oath
of
allegiance
Lateran
Councell
Landlord
,
Gouernour
Lateran
Councell
Lateran
Councell
did
absolue
them
,
who
either
by
allegiance
,
or
by
oath
were
obliged
to
excommunicated
persons
,
from
their
oath
of
fidelitie
,
to
which
Canon
Lateran
Councell
Lateran
Councell
Besides
that
my
Aduersarie
hath
vsed
no
small
fraude
in
the
allegation
,
and
application
of
the
to
his
purpose
:
for
whereas
he
mentioneth
the
vpon
two
seuerall
decretalls
,
hee
setteth
downe
onely
the
later
,
as
though
the
same
might
serue
indifferently
for
both
,
and
were
so
meant
by
the
or
that
the
two
were
both
of
one
substance
,
and
nature
,
as
they
are
not
,
but
farre
different
,
and
therefore
doe
require
a
different
consideration
.
later
Glosse
Canon
,
Delatori
former
Glosse
Canon
Hadrianus
later
Glosse
Sed
qualiter
dat
Papa
&c.
But
how
doeth
the
make
lawes
concerning
the
punishment
of
blood
,
against
that
decree
of
the
his
a
quibus
?
But
heere
the
teacheth
what
the
ought
to
doe
according
to
the
Imperiall
law
former
Glosse
Canon
Hadrianus
Hîc
Ecclesia
publicat
,
&c.
Heere
the
doeth
confiscate
the
goods
of
Lay-men
,
and
sometimes
shee
deposeth
Lay-men
from
their
dignities
Or
else
say
,
that
heere
the
teacheth
what
ought
to
bee
done
:
former
Glosse
later
Glosse
Canon
Delatori
former
Glosse
Canon
Delatori
Secular
Iudge
Canon
Hadrianus
Glosse
teach
Secular
Prince
Canon
Delatori
Canon
Hadrianus
Secular
Prince
But
to
the
end
that
the
Reader
may
the
better
vnderstand
this
matter
,
and
the
true
sense
,
and
meaning
of
these
two
it
is
to
bee
considered
first
,
that
the
of
the
Law
being
commonly
very
briefe
(
and
therefore
many
times
obscure
)
are
to
bee
vnderstood
according
to
the
drift
,
sense
,
and
circumstances
,
not
only
of
the
particular
glossed
,
but
also
of
other
in
other
parts
,
and
places
of
the
Law
.
other
Glosse
Fitzherbert
,
the
penalties
imposed
in
the
two
decrees
here
glossed
,
are
of
different
nature
and
quality
,
the
concerning
onely
the
confiscation
of
goods
,
which
is
expresly
ordained
in
diuers
places
of
the
law
;
and
the
touching
onely
the
effusion
of
bloud
by
death
,
or
mutilation
,
which
is
no
where
ordained
,
or
permitted
,
but
expresly
forbidden
to
all
Ecclesiasticall
Iudges
.
temporall
Princes
Ecclesiasticall
leuitie
doth
shun
these
bloudy
punishments
temporall
Prince
Canon
law
that
the
effusion
of
bloud
by
mutilation
,
or
death
is
no
way
ordained
therein
,
Secular
Prince
Canon
,
Delatori
Canon
Hadrianus
Hostiensis
,
Ioannes
Andreas
Earles
,
Barons
,
Gouernours
Consuls
of
Cities
,
and
other
places
,
if
they
neglect
to
helpe
the
Church
against
heretikes
,
are
depriued
of
their
honour
.
sacred
,
Ecclesiasticall
Apostolicall
Canons
I.
Gerson
that
there
are
some
of
opinion
that
is
the
last
punishment
which
the
Ecclesiasticall
power
of
Iurisdiction
by
the
first
institution
of
Christ
can
inflict
,
so
that
it
is
not
extended
to
imprisonment
,
nor
that
any
man
be
adiudged
to
death
,
or
corporall
whipping
,
but
when
the
Ecclesiasticall
Iudge
doth
this
,
he
doth
it
by
the
grant
of
as
the
Cleargie
by
the
deuotion
of
hath
receiued
great
authority
of
temporall
Iurisdiction
,
which
iurisdiction
,
or
censure
is
neuerthelesse
called
spirituall
,
as
also
the
temporall
goods
of
Ecclesiasticall
persons
are
called
spirituall
,
because
they
are
dedicated
and
applyed
to
them
who
serue
the
Church
,
as
also
the
breads
of
proposition
the
first
fruites
,
the
tithes
,
also
the
vessels
of
the
Temple
,
the
Vestments
and
such
like
,
were
in
the
old
law
called
sacred
,
or
holy
,
so
also
the
new
law
doth
obserue
the
same
.
Thirdly
,
the
it selfe
doth
teach
that
by
the
former
decree
the
Church
doth
ordaine
the
confiscation
of
goods
,
and
deposition
from
dignities
saying
Thus
saith
the
here
,
which
wholly
dissembleth
,
because
it
maketh
flatly
against
him
,
and
he
taketh
hold
,
as
it
seemeth
of
the
words
immediately
following
,
though
he
doe
not
alleage
them
;
the
words
are
,
Wherein
it
cannot
be
with
reason
imagined
,
that
the
contradicteth
the
former
interpretation
,
seeing
that
it
teacheth
also
in
many
other
places
that
the
Church
may
,
and
doth
vse
to
impose
temporall
penalties
by
confiscation
of
goods
,
imprisonment
,
infamie
,
and
banishment
,
as
it
may
bee
seene
in
the
and
vpon
the
Decree
where
the
affirmeth
expresly
,
that
if
the
Law
doe
ordaine
only
a
spirituall
punishment
,
or
a
corporall
,
the
Iudge
cannot
change
it
into
another
,
except
hee
can
dispence
in
the
crime
committed
;
and
that
when
the
Law
determineth
nothing
concerning
the
penaltie
of
the
crime
,
it
is
left
to
the
will
of
the
Iudge
,
whether
he
will
impose
a
pecuniarie
penaltie
or
any
other
;
and
lastly
,
when
the
Iudge
can
dispence
touching
the
crime
,
he
may
inflict
a
penaltie
of
,
or
some
other
.
Thus
saith
the
second
answere
Canon
Hadrianus
Canon
Delatori
second
answere
first
answere
doeth
ordaine
the
confiscation
of
goods
,
Thou
shouldest
not
haue
any
power
against
me
,
vnlesse
it
were
giuen
thee
from
aboue
,
I
appeale
to
Caesar
Caesar
de
facto
,
but
not
de
iure
de
facto
de
iure
Ioannes
Teutonicus
Canon
,
Hadrianus
first
glosse
Canon
,
Hadrianus
Christ
inflict
Hostiensis
,
Ioannes
Andreas
Logike
modall
Pilate
,
Thou
shouldest
not
,
&c.
Canon
Hadrianus
first
Glosse
contrarie
Glosses
former
Glosse
former
Glosse
Heere
the
Church
doeth
confiscate
the
goods
of
Lay-men
,
and
sometimes
deposeth
them
from
dignities
:
Canon
,
Alius
Hee
is
saide
to
haue
deposed
the
who
consented
to
them
that
deposed
him
,
who
taught
,
or
declared
,
that
hee
might
bee
deposed
:
later
Glosse
former
Glosse
Secular
Prince
later
Glosse
former
Glosse
Canon
,
Praeceptum
Canon
,
Praeceptum
It
is
an
argument
Glosse
,
that
if
any
man
contemne
the
Secular
Iudge
,
or
his
Land-Lord
hath
power
to
depriue
him
of
his
feude
,
or
farme
.
Canon
law
Ioannes
Teutonicus
Ioannes
Teutonicus
because
perhaps
they
were
vnder
their
temporall
Iurisdiction
,
or
they
haue
this
by
custome
.
be
conuinced
And
hereof
the
practise
is
,
and
hath
alwaies
beene
most
manifest
in
the
Church
,
and
acknowledged
by
the
to
bee
grounded
on
the
(
as
partly
hath
appeared
already
,
and
shall
appeare
further
&
seq
after
a
while
)
and
therefore
I
say
that
those
obiected
by
must
either
bee
so
vnderstood
,
that
they
may
agree
the
one
with
the
other
,
and
with
the
of
other
yea
with
the
generall
opinion
and
doctrine
of
the
and
with
the
whole
course
and
practise
of
the
or
else
they
are
to
be
reiected
as
absurd
,
erroneous
,
and
false
.
primitiue
Church
authenticall
Canon
Ioannes
Azorius
that
it
hath
euer
beene
a
great
controuersie
betwixt
Emperours
,
and
Kings
on
the
one
side
,
and
the
Bishops
of
on
the
other
,
whether
the
Pope
in
certaine
cases
hath
right
and
authority
to
depriue
Kings
of
their
Kingdomes
,
and
about
this
the
are
at
variance
,
and
as
yet
the
controuersie
,
saith
is
not
decided
by
the
Iudge
,
and
very
many
Doctours
,
as
affirmeth
,
doe
denie
that
the
Ecclesiasticall
power
can
by
the
institution
of
Christ
inflict
any
temporall
punishment
,
as
death
,
exile
,
priuation
of
goods
,
imprisonment
,
spirituall
censures
Pope
Gregory
depose
Princes
a
nouelty
not
to
say
,
an
heresie
,
Canon
,
constitution
Now
then
seeing
that
the
acknowledgeth
in
his
former
glosse
,
that
the
Church
doth
by
the
ordaine
the
confiscation
of
Lay-mens
goods
,
and
depriuation
of
their
dignities
(
which
is
also
confirmed
by
diuers
other
Canons
and
glosses
,
and
the
practise
of
the
Church
)
it
cannot
,
as
I
haue
said
,
bee
imagined
,
that
hee
meant
to
contradict
it
,
by
that
,
which
followeth
either
in
the
same
glosse
,
or
in
the
other
vpon
the
former
glosse
former
glosse
former
glosse
,
confiscate
Canon
,
Alius
later
glosse
later
glosse
And
therefore
wee
must
distinguish
betwixt
the
and
the
execution
thereof
,
and
say
,
that
when
he
affirmeth
in
the
that
the
Church
teacheth
there
what
ought
to
bee
done
,
and
againe
in
the
that
the
teacheth
what
the
Secular
Iudge
ought
to
doe
,
he
speaketh
onely
(
as
the
very
words
import
)
of
the
execution
of
these
two
Canons
,
giuing
also
to
vnderstand
,
that
the
execution
of
penall
lawes
doth
belong
sometimes
to
the
Secular
Iudge
,
and
not
to
the
Ecclesiasticall
,
especially
in
cases
touching
life
and
death
,
or
effusion
of
blood
;
albeit
in
many
other
cases
the
Ecclesiasticall
Iudge
may
not
onely
ordaine
,
but
also
execute
pecuniary
and
other
temporall
penalties
,
in
which
respect
the
(
which
my
Aduersarie
if
he
bee
a
Catholike
,
as
he
pretendeth
to
bee
,
must
needes
admit
for
a
lawfull
Councell
)
decreeth
,
that
Ecclesiasticall
Iudges
shall
abstaine
from
Censures
,
when
they
may
by
their
owne
authority
proceed
against
the
delinquents
by
reall
or
personall
execution
.
So
as
I
will
conclude
,
that
these
alledgeth
,
either
doe
make
nothing
against
vs
,
or
if
they
doe
,
they
doe
manifestly
contradict
as
well
themselues
,
as
other
and
many
expresse
and
the
doctrine
of
all
learned
yea
the
whole
course
and
continuall
practise
of
the
second
Glosse
Secular
Iudge
very
many
Doctours
owne
proper
Canonists
(
who
in
c.
doe
attribute
more
authority
to
the
then
is
fit
infallible
doctrine
Besides
that
it
is
to
be
considered
,
that
it
little
importeth
for
our
question
,
whether
the
Church
can
execute
temporall
penalties
,
seeing
it
hath
the
power
and
authoritie
not
onely
to
inflict
them
,
but
also
to
force
the
Secular
Magistrate
to
execute
them
,
which
shall
appeare
further
after
a
while
,
and
is
not
contradicted
by
the
obiected
by
except
onely
concerning
the
imposition
of
bloody
penalties
,
which
indeed
the
said
doth
exclude
by
an
expresse
as
wee
also
doe
in
this
question
,
affirming
onely
,
as
I
haue
said
before
,
that
the
may
in
some
cases
both
ordaine
and
execute
certaine
corporall
,
and
temporall
penalties
,
without
the
effusion
of
blood
by
mutilation
or
death
.
And
this
is
so
manifest
in
the
law
,
that
truely
a
man
may
wonder
with
what
face
can
seeke
by
some
peece
of
an
obscure
to
ouerthrow
the
cleere
,
and
manifest
sense
of
the
law
it selfe
,
and
the
euident
and
ancient
practise
of
the
which
hee
knoweth
in
his
conscience
to
bee
grounded
vpon
the
but
heereby
wee
may
see
,
that
his
intent
is
no
other
,
but
to
patch
vp
his
pretended
probability
with
shifts
and
shewes
of
whatsoeuer
hee
can
wring
,
and
wrest
to
his
purpose
.
that
it
little
importeth
for
our
question
,
whether
the
can
execute
temporall
penalties
,
or
no
,
Secular
Magistrate
spirituall
Pastours
temporall
Princes
ordaine
,
inflict
temporall
Princes
Morall
Philosophie
Schoole
Diuinitie
Generall
Councells
Ioannes
Teutonicus
second
answere
Ioannes
Andreas
following
is
of
opinion
,
that
a
cannot
impose
a
pecuniarie
penaltie
vpon
a
that
is
not
temporally
subiect
vnto
him
but
that
he
ought
to
make
it
to
be
inflicted
by
the
Secular
Iudge
.
hath
dissembled
that
,
which
immediately
followeth
in
to
the
end
that
his
may
suppose
,
that
not
onely
but
also
was
of
that
opinion
;
whereas
hauing
said
,
that
which
obiecteth
,
addeth
presently
Quisquis
.
Thus
saith
words
,
and
the
by
the
which
hee
prooueth
,
that
a
Bishop
may
impose
a
pecuniarie
penaltie
vpon
a
Lay-man
,
that
is
not
temporally
subiect
vnto
him
;
which
are
indeede
very
cleare
for
that
point
,
especially
Where
it
is
ordained
,
that
a
sacrilegious
person
shall
pay
thirtie
pounds
of
siluer
to
the
Bishop
,
or
Abbot
,
or
any
Ecclesiasticall
Iudge
,
to
whom
the
knowledge
of
the
cause
shall
appertaine
,
as
it
may
appeare
both
by
the
and
the
Besides
that
(
whom
citeth
)
teacheth
expresly
,
that
when
the
Bishop
proceedeth
iuridically
and
no
certaine
penaltie
is
ordained
by
the
Law
,
he
may
impose
a
penaltie
of
money
,
though
he
cannot
doe
it
,
when
the
Law
ordaineth
expresly
an
other
,
except
it
be
for
a
crime
,
wherein
he
hath
power
to
dispence
for
then
he
may
inflict
a
pecuniarie
penaltie
,
though
some
other
be
assigned
by
the
Law
,
as
I
haue
also
shewed
before
out
of
the
Glosse
in
cap.
Licet
,
tit.
de
poenis
.
This
being
then
doctrine
approoued
by
(
who
followeth
him
altogether
in
this
question
)
it
appeareth
that
might
haue
easily
seene
,
if
it
had
pleased
him
,
that
doth
not
any
way
fauour
his
opinion
,
nor
impugne
our
doctrine
concerning
the
Popes
power
to
dispose
of
temporall
things
in
order
to
spirituall
,
which
is
the
principall
question
controuersed
betwixt
vs
.
You
haue
heard
before
,
expresly
teacheth
,
that
the
hath
power
to
depose
doth
the
like
,
being
also
both
of
them
of
the
number
of
the
who
teach
1.
11.
that
the
hath
a
direct
ouer
temporall
things
,
no
lesse
then
ouer
spirituall
,
and
therefore
it
is
euident
,
that
they
cannot
any
way
make
for
my
Aduersarie
Ioannes
Andreas
Sed
hoc
non
placet
Panormitano
,
but
this
pleaseth
not
Panormitan
,
Canon
,
Statuimus
direct
dominion
Besides
that
,
it
little
importeth
,
whether
the
Bishop
may
according
to
the
impose
a
temporall
penaltie
vpon
such
Lay-men
,
as
are
not
his
temporall
subiects
,
seeing
he
may
by
the
opinion
of
those
three
,
whom
my
Aduersarie
alledgeth
make
it
to
be
inflicted
by
the
or
Magistrate
,
in
which
case
it
is
done
by
the
authoritie
,
and
the
is
but
his
instrument
,
and
to
execute
his
will
.
Furthermore
,
put
the
case
,
that
the
could
not
impose
a
pecuniarie
penaltie
vpon
a
Lay-man
,
that
is
not
his
temporall
subiect
,
will
conclude
thereupon
,
that
therefore
the
may
not
doe
it
?
Will
he
be
so
absurd
to
restraine
the
supreme
iurisdiction
of
the
to
the
inferiour
power
of
a
as
well
might
he
say
,
that
a
King
can
doe
no
more
in
like
case
,
then
an
inferiour
temporall
and
that
because
the
Iudge
cannot
pardon
a
person
condemned
,
therefore
the
King
cannot
doe
it
;
who
knoweth
not
that
the
Church
hath
prescribed
to
her
Magistrates
certaine
limits
for
the
exercise
of
their
authoritie
,
and
iurisdiction
,
allowing
to
some
more
,
and
to
some
lesse
,
which
they
cannot
exceede
?
Therefore
it
were
absurd
to
say
,
that
a
cannot
excommunicate
,
because
a
cannot
doe
it
;
But
much
more
absurd
,
and
ridiculous
it
is
to
say
,
that
the
Pope
(
who
hath
cannot
dispose
of
temporall
things
in
some
cases
,
because
a
cannot
impose
a
pecuniarie
penaltie
vp
-
a
Lay
man
,
that
is
not
his
temporall
subiect
,
as
seemeth
to
argue
,
for
otherwise
his
obiection
concerning
the
power
is
to
no
purpose
.
So
as
you
see
vpon
what
probabilities
he
grounded
his
doctrine
,
being
found
to
be
either
fraudulent
,
or
impertinent
in
euery
thing
that
hee
vndertaketh
to
answere
or
obiect
as
you
shall
also
further
see
by
that
,
which
yet
followeth
for
the
confirmation
of
his
pretended
answere
.
Secular
Iudge
Seculiar
Iudge
Seculiar
Iudge
Ecclesiasticall
Censures
ridiculous
absurditie
that
which
the
is
in
the
vniuersall
Church
,
is
euery
in
the
particular
vniuersall
Church
particular
Church
affirmeth
to
be
manifestly
false
vniuersall
Church
vniuersall
Church
particular
Diocesse
in
his
particular
Diocesse
is
that
which
the
Pope
is
in
the
vniuersall
Church
:
from
the
ouerthrowing
or
denying
of
the
consequent
to
the
denying
of
the
antecedent
,
vniuersall
Church
24.
Vasques
.
1.
2.
Victoria
,
Castro
,
Vasquez
Whatsoeuer
you
shall
binde
,
&c.
Whose
sinnes
you
shall
forgiue
,
&c.
Feede
my
sheepe
See
aboue
10.
Bell.
Ingolstad
.
1586.
ordinary
Pastours
Ledesma
1.
4.
Vniuersall
Church
Vniuersall
Church
Parish
Priest
Parish
Priests
Parish
Priest
vniuersall
Church
owne
Diocesse
Cardinall
Bellarmine
that
if
the
hath
direct
dominion
in
temporalls
,
in
the
vniuersall
Church
,
euery
hath
also
direct
dominion
in
temporalls
in
his
owne
particular
Bishopricke
,
that
which
the
is
in
the
vniuersall
Church
,
is
euerie
in
his
particular
Diocesse
For
there
is
so
great
a
controuersie
,
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
in
the
end
of
the
first
part
of
his
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
.
Authours
,
perchance
for
flattery
to
get
priuiledges
,
and
benefices
,
doe
straine
it
to
the
preiudice
of
so
that
they
doe
quite
ouerthrow
the
Soueraigntie
of
temporall
punishments
death
,
exile
,
priuation
of
goods
,
or
imprisonment
;
and
this
,
is
the
opinion
of
most
Doctours
.
whole
Church
Papall
authoritie
that
euery
is
that
in
his
owne
Diocesse
,
which
the
is
in
the
vniuersall
Church
impertinent
,
absurd
A
third
principall
exception
second
answere
vnlesse
the
contrarie
bee
expressed
Roman
Church
Pope
Innocent
doth
exercise
the
authoritie
of
a
chiefe
Bishop
,
and
doth
execute
the
power
of
a
Soueraigne
Prince
.
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
made
for
the
reformation
of
faith
,
or
manners
,
and
punishment
of
delinquents
in
spirituall
matters
,
is
to
bee
vnderstood
to
bee
restrained
to
the
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
temporall
dominions
by
vertue
of
the
decrees
,
which
neuerthelesse
are
generally
executed
,
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
.
that
whensoeuer
the
decreeth
any
thing
,
&c.
[
temporall
[
vnlesse
the
contrarie
be
expressed
]
Catholike
Doctours
plerique
Doctores
,
very
many
,
or
most
Doctours
,
that
the
by
the
institution
of
hath
not
authoritie
to
inflict
temporall
punishments
,
but
onely
Ecclesiasticall
censures
,
generall
constitution
temporall
thing
inflicting
of
temporall
punishments
sayde
Decree
meerely
ciuill
Popes
territories
there
can
bee
nothing
more
cleare
,
then
that
all
lawes
are
limited
according
to
the
power
of
the
that
maketh
them
,
and
that
therefore
the
obligation
of
euery
lawes
is
extended
onely
to
his
owne
subiects
,
temporall
Prince
meere
temporall
thing
Popes
temporall
dominions
death
,
exile
,
priuation
of
goods
,
imprisonment
,
meere
temporall
thing
temporall
authoritie
temporall
authoritie
temporall
Prince
Pope
by
any
generall
Constitution
temporall
Prince
temporall
penaltie
Popes
Decrees
very
many
Doctours
temporall
punishments
Eccclesiasticall
Censures
temporall
Princes
temporall
punishments
spirituall
Pastour
spirituall
Censures
Fitzherbert
is
Catholike
faith
Decree
,
Canon
temporall
Princes
declaring
,
teaching
temporall
Prince
Pope
Innocent
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
and
Princes
,
which
if
perchance
they
shall
bee
negligent
to
performe
,
wee
will
,
and
command
,
that
they
be
compelled
thereunto
by
Ecclesiasticall
Censures
.
Popes
territories
owne
Dominions
command
Secular
Princes
Ecclesiasticall
Censures
Popes
temporall
dominions
Popes
decrees
temporall
Princes
learned
Catholikes
heresie
,
blasphemie
,
sacriledge
Christian
Princes
heresie
,
blasphemie
many
Doctours
the
Ecclesiasticall
power
doeth
not
by
the
institution
of
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
she
vseth
,
doe
proceede
from
the
pure
positiue
law
,
or
,
to
vse
words
,
from
the
grant
of
Princes
.
And
these
Authours
the
Glosse
,
said
I
,
vpon
the
same
Canon
,
Per
venerabilem
,
doth
seeme
to
fauour
:
where
it
affirmeth
,
that
the
Pope
cannot
legitimate
any
man
who
is
not
subiect
to
his
temporall
Iurisdiction
,
to
make
him
succeede
in
an
inheritance
as
a
lawfull
heire
,
for
this
were
to
put
his
sickle
into
another
mans
haruest
,
and
to
vsurpe
another
mans
Iurisdiction
,
and
to
depriue
some
man
of
his
right
to
succeede
,
which
hee
ought
not
to
doe
;
and
therefore
he
cannot
legitimate
any
man
for
the
Secular
Court
,
vnlesse
the
Prince
shall
permit
,
or
giue
him
leaue
.
But
if
the
Pope
cannot
legitimate
one
,
who
is
not
legitimate
,
nor
depriue
one
of
his
right
to
succeede
,
I
see
not
by
what
authority
he
can
make
a
lawfull
and
legitimate
heire
,
or
Prince
to
be
vnlawfull
,
and
not
legitimate
,
or
depriue
one
of
his
inheritance
,
which
hee
lawfully
possesseth
.
that
this
my
instance
or
example
taken
from
the
is
no
lesse
impertinent
then
the
former
,
seeing
that
it
concerneth
onely
a
temporall
matter
without
relation
to
any
spirituall
end
.
And
is
it
possible
,
cannot
see
the
difference
betwixt
these
two
cases
?
seeing
that
the
legitimation
of
bastards
to
a
temporall
end
(
that
is
,
to
make
them
capable
of
a
temporall
inheritance
)
is
a
meere
temporall
thing
,
and
therefore
requireth
the
temporall
power
,
and
direct
dominion
of
a
temporall
Prince
,
whereas
the
deposition
of
Princes
in
this
our
case
hauing
a
spirituall
end
(
to
wit
,
the
extirpation
of
heresie
,
and
punishment
of
sinne
,
to
the
exceeding
great
good
of
soules
,
and
the
publike
benefite
of
the
Church
)
is
not
meerely
temporall
in
respect
of
the
spirituall
end
,
and
therefore
may
proceede
from
the
spiritvall
power
of
him
,
that
hath
the
supreame
charge
of
soules
,
and
the
gouernment
of
the
whole
Church
,
in
whom
it
may
suffice
for
that
purpose
to
haue
an
indirect
dominion
ouer
temporall
things
,
to
bee
vsed
and
exercised
in
some
cases
,
when
the
necessity
of
the
Church
shall
require
it
.
Whereupon
it
also
followeth
,
that
if
it
were
absolutely
necessary
for
the
good
of
the
Church
,
that
the
should
legitimate
a
bastard
to
make
him
capable
of
succession
to
a
temporall
inheritance
(
as
for
example
,
if
a
kingdome
should
otherways
fall
into
the
hands
or
possession
of
Gods
enemies
)
in
such
a
case
,
I
say
,
he
might
doe
it
by
his
spirituall
power
,
and
the
indirect
dominion
he
hath
ouer
temporall
things
,
as
both
§.
8.
teach
,
and
the
alleaged
by
doth
not
denie
it
,
affirming
onely
,
that
the
hath
no
power
to
legitimate
a
bastard
out
of
his
owne
temporall
Dominions
to
a
meere
temporall
end
,
which
,
as
I
haue
said
,
is
a
farre
different
case
from
ours
,
and
not
denyed
by
vs
:
So
as
you
see
still
how
improbably
argueth
,
and
how
absurdly
he
hath
answered
to
his
owne
obiection
.
And
this
I
hope
may
suffice
for
the
confutation
of
his
second
answere
.
Let
vs
now
heare
the
third
.
vnlesse
the
Prince
permit
,
or
giue
him
leaue
so
to
doe
:
vnlesse
the
Prince
permit
or
giue
him
leaue
.
that
the
may
for
a
spirituall
end
,
to
wit
,
for
that
the
spirituall
good
of
the
Church
,
and
the
saluation
of
soules
make
one
capable
,
or
incapable
of
a
temporall
inheritance
,
without
the
Princes
leaue
,
or
permission
,
Pope
may
make
one
capable
of
a
temporall
inheritance
,
and
legitimate
him
for
the
Secular
Court
,
and
depriue
one
of
his
right
to
succeed
without
the
leaue
,
or
permission
a
meere
temporall
thing
,
and
therefore
requireth
the
temporall
power
and
direct
dominion
of
a
temporall
the
legitimation
of
a
bastard
to
make
him
capable
of
succession
to
a
temporall
inheritance
,
if
it
were
absolutely
necessary
for
the
good
of
the
Church
,
may
bee
done
by
the
spirituall
power
,
and
indirect
dominion
,
which
he
hath
ouer
temporalls
,
meere
temporall
thing
is
to
a
temporall
end
,
that
is
,
to
make
him
capable
of
a
temporall
inheritance
,
and
therefore
requireth
the
temporall
power
,
and
direct
dominion
of
a
temporall
Prince
,
meere
fiction
later
Diuines
absolute
Princes
spirituall
directiue
formall
obiect
indirect
,
formall
impious
,
absurd
,
improbable
,
erroneous
,
Prophet
Isay
nourcing
Fathers
,
Nources
absolute
necessitie
absolute
necessitie
second
answere
Lateran
Councell
BEcause
my
Aduersaries
did
so
much
relie
vpon
this
Decree
of
the
Lateran
Councell
,
that
they
thought
it
alone
to
be
sufficient
to
make
their
doctrine
certaine
,
and
of
faith
,
and
therefore
feared
not
to
brand
the
contrarie
with
the
note
of
heresie
,
my
third
answere
to
their
argument
grounded
vpon
the
authoritie
of
the
Lateran
Councell
was
,
that
the
Canon
,
or
decree
,
(
for
so
we
call
it
yet
)
of
the
said
Councell
touching
the
deposition
of
temporall
Land-lords
,
Gouernours
,
or
Lords
,
was
no
matter
of
faith
,
but
of
fact
onely
,
wherein
as
well
the
Pope
,
as
those
Fathers
following
their
owne
opinions
,
might
erre
,
and
that
the
Councell
did
not
determine
,
or
define
,
that
the
future
deposition
,
not
of
Princes
,
as
Mr.
Fitzherbert
translateth
it
,
but
of
temporall
Landlords
,
Magistrates
,
or
Lords
,
should
proceede
from
an
vndoubted
lawfull
power
,
or
from
the
Ecclesiasticall
power
alone
without
the
consent
of
Princes
.
And
therefore
the
opinion
of
those
Fathers
,
yeeldeth
no
more
certainety
for
the
Popes
power
to
depose
Princes
,
then
if
they
had
declared
their
opinions
forth
of
the
Councell
;
seeing
that
this
onely
can
bee
gathered
from
the
certaine
,
and
vndoubted
doctrine
of
the
Catholike
Church
,
that
the
infalable
assistance
of
the
Holy
Ghost
is
promised
by
our
Sauiour
Christ
,
not
to
the
facts
,
or
probable
opinions
of
Popes
,
or
Councells
,
but
onely
to
their
definitions
.
rem
fidei
,
a
matter
of
fact
onely
,
matter
of
faith
But
here
I
must
desire
first
to
reforme
his
distinction
,
or
rather
which
he
maketh
betwixt
Wherein
there
is
no
such
opposition
,
as
hee
seemeth
to
imagine
,
or
would
at
least
haue
to
bee
conceiued
,
for
if
by
a
he
meanes
a
matter
that
is
not
but
consisteth
onely
in
action
,
or
practise
,
then
matters
of
may
so
well
stand
together
,
that
they
may
be
,
and
often
are
one
,
and
the
selfe
same
thing
:
I
meane
,
that
not
onely
may
,
but
ought
also
to
be
beleeued
vnder
paine
of
damnation
;
as
it
is
euident
in
diuers
Articles
of
our
faith
,
consisting
in
the
beliefe
of
things
done
,
or
to
be
done
,
as
in
all
the
Historie
of
our
Sauiours
already
past
,
and
in
his
last
Iudgement
,
our
Resurrection
,
and
euerlasting
reward
,
or
punishment
,
which
are
yet
to
come
,
and
being
matters
of
fact
,
are
neuerthelesse
matters
of
faith
:
and
therefore
may
doe
well
,
as
I
haue
said
,
to
reforme
his
distinction
,
and
to
make
it
according
to
the
vsuall
manner
,
to
wit
,
and
a
which
are
indeed
alwayes
distinct
matter
of
faith
matter
of
law
law
of
God
matter
of
fact
onely
matter
of
faith
rem
iuris
,
a
matter
of
faith
,
and
a
matter
of
law
,
matters
of
fact
of
faith
Fitzherbert
may
well
stand
together
&c.
And
therefore
a
matter
of
fact
is
not
opposite
to
a
matter
of
faith
,
as
seemeth
to
imagine
,
or
would
at
least
haue
to
be
conceiued
.
matters
of
fact
matters
of
law
matters
of
fact
of
law
law
of
God
matter
of
fact
matter
of
law
matter
of
fact
matter
of
law
opposition
,
or
Antithesis
matter
of
faith
matter
of
fact
matter
of
faith
of
fact
onely
[
onely
matter
of
faith
matter
of
fact
of
faith
matter
of
faith
of
fact
onely
of
such
facts
matters
of
fact
of
faith
Lateran
Councell
flat
hereticall
third
answere
future
deposition
matter
of
faith
of
fact
onely
future
deposition
matter
of
fact
matter
of
faith
matter
of
fact
matter
of
faith
making
matters
of
faith
making
lawes
Popes
Breue
matter
of
faith
Melchior
Canus
matters
of
faith
Melchior
Canus
Generall
Councell
being
confirmed
by
the
authoritie
cannot
erre
in
the
defining
of
Catholike
doctrine
,
and
this
conclusion
contrarie
he
accounteth
hereticall
certaine
,
infallible
whole
Church
particular
Churches
as
of
faith
For
in
Councells
the
greatest
part
of
the
Acts
doe
not
appertaine
to
faith
;
for
neither
are
of
faith
the
disputations
that
goe
before
,
nor
the
reasons
,
which
are
added
,
nor
those
things
which
are
brought
to
explicate
,
and
illustrate
,
but
onely
the
bare
decrees
,
and
those
not
all
,
but
those
onely
which
are
propounded
as
of
faith
.
For
they
alwayes
vse
to
say
,
that
they
declare
the
Catholike
faith
,
or
account
them
for
heretickes
,
or
which
is
most
common
,
denounce
or
excommunicate
them
who
shall
beleeue
the
contrary
,
but
when
none
of
these
things
are
said
,
it
is
not
certaine
Bellarmine
,
that
it
is
a
point
of
faith
.
conclusion
;
that
the
cannot
erre
in
the
doctrine
of
such
manners
,
as
are
necessary
to
saluation
;
Therefore
if
the
by
a
firme
decree
doe
define
that
any
thing
is
to
bee
done
,
or
to
bee
auoided
,
she
cannot
erre
therein
,
in
commanding
Lay-men
to
receiue
the
Sacrament
vnder
one
onely
kinde
.
second
conclusion
when
the
in
a
matter
of
moment
,
and
which
is
very
profitable
for
the
reforming
of
Christian
manners
,
doth
make
lawes
to
all
Christian
people
,
she
cannot
command
any
thing
which
is
contrarie
to
the
or
naturall
reason
,
wherefore
as
a
generall
cannot
propound
false
things
to
be
belieued
by
the
people
,
so
it
cannot
propound
euill
things
to
be
done
,
propound
,
by
a
firme
and
certaine
decree
,
by
which
all
men
are
bound
to
belieue
and
doe
vnder
paine
of
eternall
damnation
.
whether
it
bee
hereticall
to
affirme
that
some
custome
of
the
is
euill
,
or
some
law
of
the
is
vniust
,
I
dare
not
,
Canus
,
define
,
or
determine
.
that
those
are
to
be
condemned
as
heretickes
who
affirme
the
to
erre
therein
Pope
Martin
that
those
who
shall
teach
that
the
doth
erre
in
that
manner
of
custome
are
to
bee
condemned
as
heretikes
,
or
as
sauouring
heresie
.
heresie
,
neither
I
Canus
,
dare
,
nor
ought
to
impeach
of
a
greater
censure
.
But
if
in
a
custome
necessary
to
saluation
,
which
that
seemed
to
be
,
whereof
there
was
a
controuersie
in
the
Councell
of
Constance
,
the
modesty
of
Pope
was
so
great
,
how
much
more
modest
ought
we
to
be
in
condemning
other
errours
,
which
are
repugnant
to
the
custome
of
the
Church
,
which
is
not
necessary
to
saluation
?
Sacrament
:
For
albeit
to
reprehend
this
custome
vpon
this
ground
,
that
is
not
really
,
and
truely
present
in
the
Eucharist
,
heresie
,
yet
if
thou
regard
the
errour
in
it selfe
,
it
sauoureth
heresie
,
it
is
rashnesse
,
and
imprudence
,
and
although
it
be
to
be
censured
for
many
respects
,
yet
it
is
not
heresie
;
seeing
that
albeit
in
this
custome
the
should
not
erre
,
yet
her
authority
would
not
therefore
be
endangered
in
matters
of
greater
moment
.
Neither
doth
the
Councell
of
Trent
simply
or
absolutely
say
,
to
those
that
shall
reprehend
this
custome
of
the
but
to
those
that
therefore
reprehend
it
,
because
they
doe
not
admit
the
reall
presence
of
in
the
Eucharist
,
and
therefore
neither
the
adoration
,
and
woorship
thereof
.
For
it
is
to
bee
obserued
,
that
some
manners
,
or
customes
of
the
are
deliuered
to
the
and
the
wherein
hee
that
should
say
the
to
erre
,
doth
make
and
the
to
be
of
that
errour
:
but
other
manners
,
or
customes
are
brought
in
since
the
wherein
although
the
should
erre
,
yet
faith
would
not
therefore
bee
endangered
:
Therefore
without
danger
of
heresie
it
may
bee
held
,
that
the
may
in
some
law
and
custome
erre
.
whole
Church
priuate
men
through
ignorance
iudgement
of
things
done
in
the
priuate
precepts
and
lawes
themselues
.
And
of
this
conclusion
,
gaue
a
true
and
fit
reason
,
in
these
words
Thus
Pope
For
from
hence
Canus
,
it
is
manifest
,
which
is
most
woorthy
the
obseruation
,
that
decrees
of
the
cannot
be
certaine
,
and
firme
,
which
are
not
grounded
vpon
certaine
and
firme
principles
,
and
foundations
.
Wherefore
if
but
one
of
those
things
,
whereon
the
iudgement
of
the
dependeth
,
be
vncertaine
,
the
decree
of
the
cannot
be
certaine
,
whether
the
question
bee
speculatiue
,
or
practicall
.
For
the
Conclusion
according
to
the
maxime
of
the
followeth
the
weaker
part
,
and
if
one
of
the
principles
,
or
premisses
bee
weake
,
it
is
necessarie
,
that
the
conclusion
in
regard
of
that
part
bee
weakened
.
Wherby
it
is
easily
vnderstood
,
that
the
iudgements
of
the
which
proceede
from
the
vncertaine
testimonies
of
men
,
are
weake
to
make
a
certaine
,
and
vndoubted
beliefe
;
of
which
sort
is
that
,
whereby
she
iudgeth
any
one
to
be
numbred
in
the
of
Saints
:
yet
it
is
not
lawfull
to
call
in
question
such
decrees
without
punishment
;
but
it
is
temerarious
,
and
irreligious
not
to
giue
credit
to
the
in
the
canonizing
of
Saints
,
which
because
he
that
doth
,
doeth
rashly
,
and
inconsiderately
,
hee
shall
indeede
deseruedly
bee
punished
by
the
that
the
is
not
corporally
assumpted
into
heauen
,
which
although
,
it
bee
not
contrary
to
faith
,
yet
because
it
is
repugnant
to
the
common
consent
of
the
Church
,
it
would
bee
taxed
of
malapert
temeritie
.
that
it
is
not
of
faith
,
because
it
is
neither
defined
by
the
Church
,
neither
is
there
any
testimonie
of
Scripture
,
or
sufficient
tradition
,
which
may
cause
infallible
faith
that
it
ought
to
bee
beleeued
most
piously
,
but
yet
it
is
not
put
among
the
articles
of
faith
necessarily
to
bee
beleeued
.
that
it
is
not
to
bee
beleeued
of
necessitie
,
but
probably
and
piously
.
For
there
is
two
manner
of
wayes
,
whereby
a
thing
may
bee
decreed
to
bee
beleeued
.
For
some
things
are
decreed
to
bee
beleeued
in
such
sort
,
that
hee
who
thinkes
the
contrarie
is
an
heretike
:
but
some
things
as
probably
to
bee
beleeued
,
as
the
common
pietie
of
the
Church
doth
probably
beleeue
concerning
the
corporall
Assumption
of
the
B.
Virgin
,
and
her
Sanctification
in
her
mothers
wombe
,
and
other
such
like
.
Abulensis
that
it
is
not
necessarie
to
holde
this
,
because
it
is
not
among
the
articles
of
faith
,
neither
also
is
there
any
thing
defined
by
the
Church
,
that
it
ought
to
be
held
,
therefore
it
is
lawfull
for
euery
man
to
thinke
as
he
will
.
And
the
reasons
which
are
brought
to
prooue
her
Resurrection
,
are
certaine
persuasions
,
and
do
not
conuince
,
yet
because
it
is
commonly
held
,
that
she
is
risen
,
it
is
more
reasonable
to
hold
it
;
yet
if
any
one
doe
affirme
the
contrarie
,
wee
doe
not
contend
.
Virgins
Assumption
point
of
faith
of
faith
matters
of
faith
I
wish
to
consider
,
that
by
this
his
distinction
,
and
the
argument
,
which
hee
deduceth
from
it
,
hee
may
in
like
manner
impugne
the
decree
of
the
themselues
made
in
their
wherein
they
ordained
,
and
defined
nothing
else
but
matters
of
fact
(
to
wit
,
that
the
Christians
should
abstaine
in
all
which
the
might
(
according
to
this
mans
doctrine
)
follow
their
owne
priuate
opinions
,
and
erre
,
because
their
concerned
only
matters
of
fact
Lateran
Councell
matter
of
fact
doctrine
of
faith
Lateran
Councell
future
deposition
Land-lords
,
Magistrates
a
matter
of
fact
Lateran
Councell
his
Saints
,
to
fast
,
to
receiue
the
Eucharist
,
to
confesse
our
sinnes
,
&c.
probably
expound
things
strangled
ad
Quirimum
c.
vl.
See
de
Leg.
ca.
superstitious
worship
Lateran
Councell
very
many
Doctours
Ecclesiasticall
power
pure
positiue
law
priuiledges
of
Princes
Lateran
Councell
future
fact
Lateran
Councell
future
deposition
proper
law
Lateran
Councell
proper
law
commandement
,
prohibition
,
grant
,
proper
law
Secular
Potestaes
Ecclesiasticall
Censure
,
if
neede
require
,
be
compelled
to
take
an
Oath
,
that
they
will
doe
their
best
endeauour
to
banish
all
heretikes
from
the
territories
subiect
to
their
Iurisdiction
:
proper
decree
.
Secondly
if
a
temporall
shall
neglect
to
purge
his
territories
from
hereticall
filth
,
he
shall
by
the
and
other
Comprouinciall
be
excommunicated
proper
decree
commandement
.
Tirdly
if
hee
shall
contemne
to
giue
satisfaction
within
a
yeere
,
the
same
shall
be
signified
to
the
proper
decree
,
commanding
Comprouinciall
Bishops
Pope
:
Fourthly
that
then
the
may
denounce
his
Vassalls
absolued
from
their
fealtie
,
and
his
territories
exposed
to
be
taken
by
Catholikes
:
proper
decree
commandement
,
grant
temporall
Land-Lord
generall
Councels
greatest
part
of
the
Acts
doe
not
appertaine
to
faith
,
(
For
neither
are
of
faith
the
disputations
,
which
goe
before
,
nor
the
reasons
which
are
added
,
nor
those
things
which
are
brought
to
explicate
,
and
illustrate
,
but
onely
the
bare
decrees
,
and
those
not
all
,
but
which
are
propounded
,
as
of
faith
,
)
as
of
faith
of
faith
(
seeing
that
it
is
not
greatly
to
be
stood
vpon
,
if
the
reasons
of
the
Popes
or
Councels
be
not
necessary
,
)
Bishops
,
Churches
For
in
that
case
onely
Canus
,
the
Iudges
are
to
be
vnderstood
to
pronounce
,
or
define
of
faith
,
when
the
decree
or
sentence
belongeth
to
all
the
faithfull
,
when
it
bindeth
all
:
Lateran
Councell
Land
lords
Land
lords
,
Magistrates
And
the
like
also
may
bee
said
concerning
other
decrees
of
the
impugners
whereof
haue
beene
held
and
condemned
by
the
Church
for
heretikes
,
as
for
example
;
it
was
decreed
22.
23.
24
by
Pope
the
first
,
and
confirmed
by
Pope
and
after
by
the
Councell
of
that
the
feast
of
should
be
celebrated
,
at
the
same
time
that
now
it
is
kept
vniuersally
throughout
Christendome
,
according
to
the
tradition
left
to
the
Romane
Church
,
by
S.
whereas
the
Churches
of
did
celebrate
the
said
feast
with
the
to
wit
,
at
the
time
prescribed
in
the
law
of
following
therein
the
tradition
,
or
at
least
the
practise
of
S.
the
Euangelist
.
And
albeit
those
decrees
ordaine
onely
and
practise
,
yet
they
which
haue
heretofore
contradicted
the
same
,
and
adhered
to
the
custome
of
the
were
,
and
are
still
held
by
the
Church
for
and
registred
for
such
by
S.
and
S.
in
their
Catalogues
of
heretikes
,
vnder
the
name
and
title
of
that
is
to
say
who
with
this
distinction
of
and
his
arguments
,
might
farre
more
probably
defend
their
opinion
,
then
he
doth
,
or
can
defend
his
.
For
they
might
say
as
well
as
he
,
that
those
were
not
wherein
both
the
Pope
,
and
the
Councels
might
follow
their
owne
priuate
opinions
,
and
consequently
erre
,
which
being
added
to
that
which
they
said
in
defence
of
their
heresie
,
and
might
truely
say
,
to
wit
,
that
they
followed
the
practise
of
S.
and
of
the
Churches
of
(
which
receiued
the
same
by
tradition
from
him
,
and
continued
it
without
interruption
for
yeares
)
this
,
I
say
,
would
giue
another
manner
of
probability
to
their
doctrine
,
then
he
can
any
way
pretend
for
his
;
and
yet
neuerthelesse
they
are
worthily
held
for
because
they
did
obstinately
refuse
to
obey
those
decrees
.
Lateran
Councell
Lateran
Councell
Lateran
Councel
Alphonsus
de
Castro
that
the
were
worthily
held
for
heretikes
,
because
they
did
obstinately
refuse
to
obey
those
decrees
,
facts
and
manners
infallible
point
of
faith
Melchior
Canus
hee
doth
not
approoue
all
Church-lawes
,
nor
commend
all
punishments
,
Censures
,
Excommunications
,
Irregularities
,
Interdicts
.
I
know
,
that
there
be
some
such
lawes
,
which
if
they
want
nothing
else
,
yet
doubtlesse
they
want
prudence
,
and
discretion
.
generall
Councell
Lateran
Councell
very
many
Doctours
vnlearned
Reader
it
followeth
first
,
that
answere
to
the
of
the
grounded
vpon
a
distinction
of
a
matter
of
fact
,
and
a
matter
of
faith
,
is
very
vaine
and
friuolous
,
as
well
because
the
one
doth
not
exclude
the
other
,
as
also
because
by
that
distinction
hee
may
impugne
the
Decree
of
the
themselues
,
of
the
Popes
and
of
the
and
such
other
touching
no
lesse
then
hee
impugneth
the
of
the
Lateran
Councell
matter
of
faith
matter
of
fact
matter
of
fact
onely
matter
of
fact
doctrine
of
faith
matter
of
fact
matter
of
faith
it
appeareth
,
that
,
as
the
were
woorthily
condemned
of
heresie
,
because
they
obstinately
contradicted
the
authoritie
of
those
so
also
those
,
who
doe
with
like
obstinacy
impugne
the
other
of
the
doe
much
more
deserue
to
be
held
for
seeing
that
they
haue
much
lesse
probability
for
their
opinion
,
then
the
other
had
.
Lateran
Councell
very
many
learned
Catholikes
pure
positiue
law
learned
Doctours
Lateran
Councell
depose
Princes
point
of
faith
Victoria
,
Corduba
,
Moliua
certaine
,
vnquestionable
Castro
,
Prateolus
Catholike
Diuine
Thirdly
,
saith
Mr.
Fitzherbert
,
h
h
Pa.
181.
nu.
●
whereas
Widdrington
concludeth
of
the
and
of
the
no
lesse
then
this
other
of
the
but
also
because
he
flatly
ouerthroweth
himselfe
,
seeing
that
this
of
the
is
a
true
definition
concerning
the
meanes
to
extirpate
and
therefore
seeing
that
our
Sauiour
promised
the
infallible
assistance
of
his
holy
to
the
definitions
of
hath
here
expresly
affirmed
)
it
followeth
,
that
the
and
Fathers
in
the
neither
did
,
nor
could
erre
in
their
definition
,
or
concerning
the
when
it
shall
be
necessary
for
the
extirpation
of
heresie
.
Lateran
Councell
future
deposition
temporall
Potestaes
Lateran
Councell
proper
Decree
very
many
Doctours
positiue
law
priuiledges
of
Princes
of
the
is
a
true
definition
concerning
the
meanes
to
extirpate
heresi●
,
Lateran
Councell
absoluing
of
Vassalls
from
their
fealty
,
precept
,
bond
true
Decree
former
Decree
true
decree
Lateran
Councell
spirituall
meanes
temporall
meanes
true
definition
Decrees
only
,
which
are
propounded
as
of
faith
:
propounded
as
of
faith
Lateran
Councell
absoluing
of
vassalls
from
their
fealty
,
particular
faith
And
if
Decrees
concerning
are
not
he
sheweth
himselfe
very
absurd
.
For
it
cannot
be
denied
,
but
that
concerning
matters
of
fact
,
doe
as
well
what
is
to
be
done
,
or
practised
,
as
they
what
is
to
be
beleeued
and
taught
,
when
they
make
concerning
matters
of
faith
;
and
the
one
is
no
lesse
necessary
for
the
good
gouernment
of
the
then
the
other
;
and
therefore
their
of
both
sorts
are
the
one
of
a
thing
to
be
beleeued
,
and
the
other
of
a
thing
to
be
done
;
for
otherwise
we
must
say
,
that
the
after
all
their
consultation
in
their
nothing
,
which
were
absurd
matters
of
fact
proper
Decrees
Lateran
Councell
Landlords
,
Potestaes
proper
Decree
Councells
doe
appertaine
to
faith
,
but
those
onely
which
are
propounded
as
of
faith
propounded
as
of
faith
If
the
Councell
doe
excommunicate
those
,
or
account
them
for
heretikes
,
who
shall
beleeue
the
contrary
,
if
it
declare
by
a
firme
decree
,
that
what
is
defined
,
or
decreed
ought
to
be
receiued
as
a
doctrine
of
the
Catholike
faith
,
and
to
be
firmely
beleeued
by
all
the
faithfull
,
the
contrarie
to
be
hereticall
repugnant
to
the
holy
Scriptures
that
when
none
of
these
things
be
affirmed
,
it
is
not
certaine
,
that
it
is
a
point
of
faith
:
decreed
,
defined
Lateran
Councell
absoluing
of
vassals
from
their
fealtie
,
Wherein
also
it
is
to
be
considered
,
that
the
error
which
may
be
incident
to
a
definition
,
or
Decree
concerning
cannot
fall
vpon
the
Decree
it selfe
(
for
so
should
the
errour
redound
to
the
holy
whose
assistance
our
Sauiour
hath
promised
to
the
definitions
of
granteth
)
but
it
must
fall
vpon
the
execution
of
the
as
if
some
should
be
deposed
vpon
wrong
information
,
or
without
due
circumstances
required
in
the
But
the
question
is
not
heere
of
errour
in
of
this
kind
(
I
meane
in
the
execution
of
and
therefore
if
speake
of
such
facts
,
when
he
saith
,
that
he
changeth
the
question
,
and
fighteth
with
his
owne
shadow
,
affirming
that
,
which
we
denie
not
,
who
speake
onely
of
the
veritie
,
iustice
,
and
equitie
of
the
it selfe
,
from
the
which
we
exclude
all
errour
,
and
iniustice
,
acknowledging
the
assistance
of
the
holy
in
the
making
therof
,
in
which
respect
all
Catholike
that
haue
euer
written
,
haue
vniformely
taught
hitherto
,
that
the
being
guided
by
the
holy
cannot
erre
in
her
generall
made
for
the
whole
touching
either
(
as
I
will
declare
See
Cha.
further
hereafter
.
)
Whereupon
I
conclude
that
admitting
,
as
hee
doth
the
assistance
of
the
holy
in
the
and
yet
impugning
the
veritie
,
or
iustice
of
the
ascribeth
errour
or
iniustice
to
the
holy
Generall
Councell
matters
of
fact
Generall
Councell
Lateran
Councell
absoluing
of
vassals
from
their
fealty
,
Generall
Councell
matters
of
fact
and
manners
Melchior
Canus
without
danger
of
it
may
be
held
,
that
the
in
some
such
law
,
or
custome
may
erre
,
hee
dare
not
affirme
it
to
bee
to
say
that
some
such
law
,
or
custome
of
the
is
vniust
in
manners
not
common
to
the
whole
but
which
are
referred
to
priuate
persons
,
Churches
,
the
Church
may
erre
through
ignorance
,
not
onely
in
her
iudgement
of
things
done
,
but
also
in
her
priuate
precepts
,
and
lawes
if
any
one
of
those
things
,
whereon
the
iudgement
of
the
doth
depend
,
be
vncertaine
,
the
decree
of
the
cannot
be
firme
,
and
certaine
,
whether
the
question
be
speculatiue
,
or
practicall
,
of
which
sort
,
is
that
decree
,
by
which
she
doth
canonize
or
iudge
holy
men
to
be
numbred
in
the
Catalogue
of
Saints
.
Lateran
Councell
absoluing
of
vassalls
from
their
fealtie
,
depose
Princes
point
of
faith
from
the
vndoubted
doctrine
of
the
this
onely
can
be
gathered
,
that
hath
promised
the
infalliable
assistance
of
the
holy
not
to
but
to
propounded
as
of
faith
infallible
definitions
Lateran
Councell
And
whereas
an
other
circumstance
that
the
did
not
determine
by
this
that
the
future
he
is
no
lesse
impertinent
then
in
the
former
:
for
what
need
was
there
to
determine
that
the
had
an
vndoubted
lawfull
authoritie
to
depose
seeing
that
the
same
was
not
then
any
way
called
in
question
,
but
admitted
for
a
knowne
truth
,
as
it
is
euident
,
for
that
the
whole
determined
the
practise
of
it
ad
ann.
which
they
would
not
haue
done
,
if
they
had
doubted
of
the
lawfulnesse
of
the
authoritie
in
that
behalfe
[
Princes
Lateran
Councell
future
deposition
of
Princes
Magistrates
,
Potestaes
,
Landlords
Soueraigne
Princes
[
that
future
deposition
[
Princes
.
future
deposition
Landlords
,
Magistrates
Catholike
Doctors
Ecclesiasticall
power
absolutely
necessarie
Ecclesiasticall
authoritie
truely
probable
Ecclesiasticall
power
spirituall
Pastour
temporall
Prince
depose
Princes
there
alwayes
hath
beene
a
great
controuersie
,
Azor
,
betwixt
on
the
one
side
on
the
other
,
whether
in
certaine
causes
the
hath
a
right
,
and
power
to
depriue
of
their
kingdome
euident
reason
for
that
the
whole
determined
the
practise
of
it
euident
reason
whole
Councell
There
were
many
things
truly
then
consulted
of
,
yet
nothing
could
be
plainly
decreed
,
for
that
they
of
made
warre
one
against
the
other
by
and
those
on
this
side
the
by
land
.
Yet
some
are
reported
to
be
published
,
whereof
one
is
,
that
whensoeuer
the
of
the
world
shall
offend
one
the
other
,
the
correcting
belongeth
to
the
albeit
many
things
were
consulted
,
yet
nothing
at
all
could
be
plainely
decreed
.
Secondly
,
constitutions
were
published
.
Thirdly
whole
Councell
Pope
Innocent
Matthew
Paris
Lateran
Councell
that
when
are
at
variance
,
it
belongeth
to
the
to
correct
them
Ecclesiasticall
Censures
correct
Princes
whereof
the
practise
was
decreed
by
the
whole
13.
Naucler
1246.
Matth.
Paris
Adolp
.
Schulc
vnder
whom
the
was
held
,
had
not
past
three
or
foure
yeeres
before
depriued
the
of
his
right
to
the
by
a
sentence
of
by
vertue
whereof
the
second
(
whose
Ambassadours
were
present
at
the
was
made
who
also
was
afterwards
deposed
by
the
fourth
in
the
held
at
as
likewise
the
Emperour
was
before
depriued
of
his
rents
,
and
reuenewes
in
for
heresie
by
Pope
the
second
.
Also
King
of
the
fourth
Emperour
of
that
name
had
beene
deposed
from
their
states
,
and
dignities
by
the
authoritie
of
the
Sea
before
the
Therefore
the
said
had
reason
to
thinke
it
altogether
needelesse
to
determine
any
thing
concerning
the
lawfulnesse
of
a
matter
alreadie
admitted
,
and
practised
.
vndoubtedly
lawfull
that
contrary
to
the
custome
of
his
Ancestours
challenged
to
himselfe
authority
to
depose
the
Emperour
,
Otho
Frisingensis
,
Sigebert
,
Godfridus
,
Trithemius
,
Decretall
Epistle
Cap.
Venerabilem
de
elect
.
&
electi
potestate
,
Innocent
against
the
liberty
and
rights
of
the
Empire
:
Abbas
Vrspergensis
containing
in
it
against
many
absurd
things
,
and
some
falsehoods
,
being
taught
by
diabolicall
art
,
did
not
regard
to
breake
their
oathes
,
nor
violate
their
faith
,
now
forsaking
and
adhering
to
and
contrariwise
that
it
belongeth
to
their
right
,
and
not
the
Popes
,
to
create
and
depose
the
Emperour
.
1193.
Matth.
Paris
Sea
Apostolicke
Mathew
Paris
did
vpon
S.
his
day
renew
in
the
said
the
sentence
of
Excommunication
against
the
and
by
his
owne
authority
Councell
)
did
depose
him
from
his
Imperiall
dignity
,
and
this
deposition
he
published
throughout
all
the
commanding
,
vnder
paine
of
Excommunication
,
that
none
should
hereafter
name
him
which
sentence
flying
throughout
the
world
,
certaine
of
the
did
gainesay
,
affirming
,
that
it
doth
not
belong
to
the
to
create
,
or
depose
the
but
to
crowne
him
,
that
is
chosen
by
the
the
Emperour
in
a
letter
to
the
contended
to
prooue
,
that
the
sentence
denounced
against
him
was
in
law
,
and
right
inualid
,
that
although
the
hath
full
power
in
spiritualls
,
that
he
may
absolue
and
binde
all
sinners
,
yet
it
was
neuer
read
,
that
by
the
graunt
of
the
or
man
,
he
hath
power
to
transferre
the
at
his
pleasure
,
or
to
iudge
temporally
of
in
depriuing
them
of
their
kingdomes
.
after
his
deposition
came
into
and
did
afflict
the
and
the
people
subiect
to
him
with
so
great
euills
,
that
he
was
weary
of
his
life
,
and
wished
that
he
had
neuer
thought
of
that
deposition
.
good
Reader
Princes
was
not
then
doubted
of
,
or
any
way
called
in
question
,
but
admitted
for
a
knowne
truth
,
Doctours
Replies
Iohn
Barclay
Catholike
Authours
Catholike
grounds
Besides
that
M.
Fitzherbert
neither
the
Church
nor
yet
Secular
doe
vse
to
declare
in
their
lawes
from
what
authority
the
execution
thereof
shall
proceede
,
but
it
sufficeth
,
that
their
authority
to
decree
,
ordaine
,
and
execute
their
Lawes
is
sufficiently
knowne
,
and
acknowledged
by
their
subiects
;
wherby
it
appeareth
,
that
doth
very
idly
require
,
that
the
should
haue
declared
,
that
the
future
deposition
of
should
proceede
from
an
vndoubted
lawfull
authoritie
,
being
a
matter
,
which
they
held
to
bee
without
all
doubt
,
or
Controuersie
.
Secular
Princes
Ecclesiasticall
power
certainly
beleeue
inferiour
Land-lords
,
Magistrates
vndoubted
Ecclesiasticall
And
as
for
the
consent
of
Fitzherbert
,
which
also
requireth
to
concerning
temporall
matters
,
I
haue
alreadie
answered
him
touching
that
point
,
and
shewed
,
7.
8.
9
as
well
by
the
example
of
the
themselues
,
as
by
the
practise
of
the
primitiue
when
there
were
no
Christian
that
their
consent
is
needelesse
to
the
validitie
of
and
that
if
the
same
were
needefull
,
all
Christian
should
stand
bound
to
obey
the
of
the
because
being
enacted
by
their
generall
consent
in
a
generall
of
all
it
cannot
bee
repealed
without
another
generall
of
like
authoritie
:
So
as
thou
seest
,
third
answere
is
in
euery
thing
defectiue
,
and
no
lesse
then
the
former
.
Neuerthelesse
hee
presumeth
so
much
vpon
the
probabilitie
thereof
,
that
hee
vndertaketh
to
answere
also
a
Reply
,
which
hee
imagineth
,
we
will
make
to
his
last
argument
,
answer
)
wherof
I
will
examine
the
particulars
in
the
next
chap.
one
practise
Christian
Emperours
Christian
Princes
Nations
.
Two
things
Lateran
Councell
totall
mysticall
Catholike
Church
totall
Ciuill
entire
Catholike
Church
entire
temporall
kingdomes
Generall
Councell
spirituall
Parliament
generall
Councell
generall
Councell
true
formall
body
Catholike
Church
Ciuill
law
M.
Fitzherberts
Lateran
Councell
AFter
I
had
giuen
the
aforesaide
third
answere
to
that
Act
of
the
Lateran
Councell
,
as
you
haue
seene
before
,
I
insinuated
another
difficultie
a
a
In
the
aforesaid
Preface
nu.
51.
concerning
that
Act
in
these
wordes
.
I
omit
now
,
that
those
wordes
[
that
from
that
time
the
Pope
may
denounce
,
or
declare
his
Vassalls
absolued
from
his
fealtie
]
doe
containe
in
them
some
difficultie
:
for
if
wee
will
regard
the
force
,
or
proprietie
of
the
wordes
,
they
seeme
onely
to
signifie
,
that
it
belongeth
to
the
Pope
not
truely
to
absolue
Vassalls
from
their
fealtie
,
but
onely
to
declare
them
alreadie
absolued
,
which
is
not
the
question
,
which
wee
haue
now
in
hand
.
three
instances
would
be
made
against
my
last
answere
,
three
instances
That
doctrine
doth
appertaine
to
faith
,
which
Popes
,
Councels
and
Doctours
doe
eyther
propound
,
or
suppose
as
a
certaine
,
and
vndoubted
ground
or
foundation
of
their
but
this
doctrine
for
the
Popes
power
to
depose
and
to
absolue
subiects
from
their
allegiance
,
is
eyther
propounded
,
or
supposed
by
as
a
foundation
of
many
therfore
this
doctrine
doth
appertaine
to
faith
.
If
a
Generall
should
expresly
define
,
that
the
hath
this
authoritie
,
no
Catholike
could
make
any
doubt
,
but
that
this
matter
should
appertaine
to
faith
,
but
seeing
that
it
doth
suppose
it
as
a
sure
,
and
certaine
foundation
of
her
shee
is
thought
no
lesse
to
affirme
the
same
,
therefore
it
ought
to
be
accounted
no
lesse
certaine
.
It
is
a
poynt
of
Faith
that
the
cannot
erre
in
doctrine
,
and
precepts
of
manners
,
by
teaching
generally
any
thing
to
be
lawfull
,
which
is
vnlawfull
,
or
vnlawfull
which
is
lawfull
,
or
also
by
commanding
any
thing
which
is
,
of
it selfe
vnlawfull
:
for
such
an
errour
is
no
lesse
pernicious
to
the
faithfull
,
then
is
an
errour
in
faith
.
But
if
the
should
not
haue
that
authority
to
depriue
temporall
of
their
dominions
,
the
should
erre
in
doctrine
of
manners
,
and
that
in
matters
of
very
great
moment
:
For
shee
teacheth
,
that
after
a
is
deposed
by
the
authority
,
all
his
subiects
are
absolued
from
his
obedience
,
and
that
his
dominions
may
bee
taken
by
another
,
as
it
is
manifest
by
the
Also
,
that
after
a
is
publikely
excommunicated
,
his
subiects
are
absolued
from
their
in
so
much
that
they
are
not
bound
to
obey
him
vntill
hee
he
reconciled
,
yea
and
she
doth
forbid
them
to
obey
him
,
if
the
Censure
be
denounced
.
All
which
shall
be
false
,
and
not
onely
false
,
but
also
pernicious
,
for
that
the
subiects
shall
thereby
be
incited
to
rebellions
and
periuries
,
yea
and
against
their
will
be
compelled
thereunto
:
Therefore
the
doth
erre
in
doctrine
of
manners
,
and
commandeth
rebellions
,
and
periuries
,
and
by
her
Censures
doth
compell
men
thereunto
,
but
to
affirme
this
is
therefore
that
also
from
whence
this
followeth
,
to
wit
,
that
the
hath
not
authority
to
absolue
subiects
from
the
bond
of
their
and
from
their
obedience
dispensations
,
decrees
iudiciall
sentences
And
first
of
all
,
is
not
the
due
administration
of
Sacraments
a
matter
of
great
moment
,
and
chiefly
belonging
to
the
Popes
office
,
&
is
not
an
error
concerning
it
to
be
accounted
very
pernicious
?
But
the
Pope
hath
oftentimes
giuen
leaue
to
a
Priest
,
who
was
no
Bishop
,
to
minister
the
Sacrament
of
Confirmation
,
b
b
As
it
appeareth
by
S.
Gregory
lib.
3.
epist.
26.
and
it
is
related
in
the
Canon
,
peruenit
,
dist.
95.
and
many
Abbots
at
this
day
haue
the
same
faculty
.
Concil.
Flor.
circa
finem
in
Decreto
Eugen.
whereas
it
is
a
great
controuersie
among
Diuines
,
whether
the
Pope
can
giue
leaue
to
such
a
Priest
to
administer
this
Sacrament
.
Seeing
therefore
that
to
the
Sacraments
of
the
new
Law
,
as
the
Councell
of
Florence
declareth
,
are
required
three
things
,
the
matter
,
the
forme
,
and
the
Minister
,
of
which
if
any
one
be
wanting
,
it
is
not
a
true
,
and
perfect
Sacrament
;
and
that
it
is
a
very
great
sacriledge
,
that
the
due
,
and
lawfull
matter
,
and
forme
of
a
Sacrament
should
be
seriously
applied
by
an
vnlawfull
Minister
,
if
the
Pope
,
in
whom
only
,
according
to
these
Diuines
,
the
whole
Ecclesiastiall
power
,
and
authority
to
define
infallibly
matters
of
faith
doth
chiefly
reside
,
cannot
grant
authority
to
a
Priest
,
who
is
no
Bishop
,
to
administer
this
Sacrament
,
as
very
learned
Diuines
c
c
Adrianus
Papa
in
4.
in
q.
de
confess
.
ar.
3.
Durand
.
in
4.
dist.
7.
q.
3.
&
4
Bonauent.
ibid.
Alphon.
de
Cast.
in
l.
de
haer.
verbo
confirmatio
.
Petrus
Soto
lec.
2.
de
confirm
.
and
others
.
without
any
note
of
heresie
,
or
errour
doe
hold
,
is
it
not
a
very
great
errour
to
grant
such
licences
,
whereby
there
is
danger
,
that
most
heinous
sacriledges
,
to
wit
,
the
inualid
administrations
of
Sacraments
,
should
be
committed
?
Moreouer
,
Pope
Sixtus
the
fourth
did
in
honor
of
the
immaculate
conception
of
the
blessed
Virgin
Mary
make
a
Decree
d
d
It
is
to
be
seen
in
the
4.
tome
of
the
Councels
,
after
the
life
of
Pope
Sixtus
.
for
celebrating
the
Feast
of
her
Conception
,
to
the
end
that
all
faithfull
Christians
should
giue
thanks
,
and
praise
to
almighty
God
for
her
wonderfull
conception
,
which
he
also
cals
immaculate
,
e
e
In
the
second
decree
.
of
the
immaculate
Virgin
;
and
notwithstanding
it
is
vncertaine
,
and
disputed
by
Diuines
on
both
sides
,
whether
the
B.
Virgin
was
conceiued
in
originall
sinne
,
or
by
the
speciall
prouidence
of
God
preserued
from
the
same
:
Is
it
not
therefore
from
hence
manifest
,
that
the
doctrine
which
is
propounded
,
or
supposed
as
a
foundation
of
an
Apostolicall
constitution
,
and
decree
,
and
which
belongeth
to
the
religious
seruice
of
God
,
is
not
so
certaine
,
and
vndoubted
a
truth
,
but
that
without
danger
of
deadly
sinne
it
may
be
impugned
.
Lastly
,
some
Popes
haue
oftentimes
dispenced
with
Princes
,
who
haue
made
a
solemne
vow
of
chastity
in
approoued
Religions
,
to
contract
matrimonie
,
f
f
See
Azor.
tom.
1.
li.
12.
c.
7.
q.
1.
as
it
is
recorded
by
Historiographers
of
Constantia
,
daughter
to
Roger
King
of
Sicilie
,
of
Casimirus
King
of
Poland
,
and
of
Ramirus
King
of
Aragon
,
and
of
Nicholas
Iustinian
a
noble
Venetian
;
but
if
the
Pope
hath
no
authority
to
dispence
in
the
solemne
vowe
of
religious
chastitie
whereof
there
is
a
great
controuersie
among
Catholike
Doctours
,
g
g
For
S.
Thomas
.
and
all
his
followers
,
whom
Zanchez
a
Iesuite
relateth
,
lib.
8
de
Matrimon
.
disp.
8.
doe
deny
that
the
Pope
hath
such
,
a
power
,
and
Zanchez
also
saith
that
it
is
probable
.
doubtlesse
such
dispensations
would
cause
very
many
hainous
sinnes
,
and
doe
also
great
wrong
to
other
Princes
,
who
by
such
dispensations
should
be
vniustly
depriued
of
their
iust
title
to
raigne
,
and
to
succeede
in
their
inheritance
.
These
bee
the
examples
whereon
I
grounded
my
three
arguments
or
instances
to
confront
them
with
the
former
three
of
Fa.
Lessius
in
these
words
.
Instance
of
May
we
not
therefore
according
to
our
aduersaries
principles
argue
in
this
manner
:
That
doctrine
doth
appertaine
to
faith
,
which
the
Pope
(
in
whom
onely
according
to
these
Doctours
,
all
authoritie
to
define
infallibly
matters
of
faith
doth
reside
h
h
For
they
grant
that
the
Pope
alone
without
a
Councell
hath
this
insallibility
,
&
the
Councell
without
the
Pope
hath
it
not
.
)
doth
eyther
propound
,
or
suppose
as
a
certaine
,
and
vndoubted
ground
,
or
foundation
of
his
Decrees
and
sentences
(
this
is
the
Maior
proposition
of
Fa.
Lessius
first
argument
)
But
this
doctrine
,
that
the
B.
Virgin
was
not
conceiued
in
originall
sinne
,
that
the
Pope
can
dispence
in
the
solemn
vow
of
chastity
,
and
giue
leaue
to
a
Priest
,
who
is
no
Bishop
,
to
Minister
the
Sacrament
of
Confirmation
,
is
propounded
or
supposed
by
Popes
as
a
ground
,
or
foundation
of
many
their
decrees
,
dispensations
,
and
iudiciall
sentences
,
therefore
that
doctrine
doth
appertaine
to
faith
;
This
is
the
substance
of
my
first
instance
,
but
in
forme
made
like
to
Fa
Lessius
his
first
argument
.
Secondly
,
if
the
Pope
should
expresly
define
that
the
Church
hath
such
a
power
,
(
to
wit
,
to
dispence
in
the
solemne
vow
of
chastitie
,
to
giue
leaue
to
an
inferiour
Priest
to
administer
the
Sacrament
of
Confirmation
,
and
to
define
that
the
blessed
Virgin
was
not
conceiued
in
originall
sinne
)
no
Catholike
(
of
those
especially
who
hold
that
the
Pope
defining
without
a
Generall
Councell
cannot
erre
)
can
make
any
doubt
,
but
that
this
matter
should
appertaine
to
faith
,
but
seeing
that
Popes
doe
suppose
it
as
a
sure
and
certaine
foundation
of
their
Decrees
,
and
sentences
,
they
are
thought
no
lesse
to
affirme
the
same
,
therefore
it
ought
to
bee
accounted
no
lesse
certaine
.
Thirdly
,
it
is
a
point
of
faith
,
as
our
Aduersaries
suppose
,
that
the
Pope
cannot
erre
in
doctrine
,
and
precepts
of
manners
,
by
teaching
generally
any
thing
to
be
lawfull
,
which
is
vnlawfull
,
or
to
bee
vnlawfull
,
which
is
lawfull
,
or
also
by
commanding
any
thing
,
which
,
per
se
,
of
it selfe
is
vnlawfull
:
For
such
an
errour
is
no
lesse
pernicious
to
the
faithfull
,
then
an
errour
in
faith
:
But
if
the
Pope
should
not
haue
that
authority
to
dispence
in
the
solemne
vow
of
chastity
,
or
to
giue
leaue
to
an
inferiour
Priest
to
administer
the
Sacrament
of
Confirmation
,
the
Pope
should
erre
in
doctrine
,
and
precepts
of
manners
,
and
that
,
in
matters
of
very
great
moment
:
For
he
teacheth
,
that
the
Sacrament
of
Confirmation
ministred
by
an
inferiour
Priest
,
who
is
no
Bishop
,
is
a
true
Sacrament
.
Also
,
that
if
a
Prince
by
the
Popes
dispensation
doe
marry
a
professed
Nunne
,
that
marriage
to
be
lawfull
and
valid
,
and
that
their
children
are
lawfully
begotten
,
and
ought
to
succeed
in
the
Kingdome
:
and
notwithstanding
Thus
I
argued
in
my
Apologeticall
Preface
,
and
then
I
concluded
thus
:
Let
my
Aduersaries
solue
these
difficulties
,
and
I
will
forthwith
by
their
owne
solutions
,
vntie
the
aforesaid
knots
,
which
they
imagine
cannot
in
any
wise
be
solued
,
or
loosed
.
three
instances
Lateran
Councell
depose
Princes
Lateran
Councell
second
agument
Lateran
Councell
Lateran
Councell
My
Aduersary
hauing
hitherto
shewed
great
weakenesse
in
himselfe
,
and
his
cause
by
his
answeres
to
our
arguments
,
pretendeth
to
confute
a
which
he
supposeth
we
will
make
to
his
last
answere
,
diuiding
the
said
points
,
whereof
the
is
,
that
the
foundations
,
and
grounds
of
the
Ecclesiasticall
Canons
,
and
Decrees
of
Popes
and
Councells
doe
belong
to
faith
,
whereupon
saith
we
inferre
,
that
seeing
the
Fathers
in
the
grounded
their
Decree
vpon
this
doctrine
,
that
the
hath
power
to
depose
therefore
the
said
doctrine
must
needs
be
certaine
,
and
a
matter
of
faith
.
point
is
,
that
seeing
no
Catholike
man
would
doubt
,
but
that
all
Christians
were
bound
to
beleeue
,
as
a
matter
of
faith
,
that
the
hath
power
to
depose
if
a
generall
should
expresly
define
it
,
therefore
we
say
,
that
forasmuch
as
the
doth
suppose
the
same
as
a
sure
foundation
of
their
foresaid
Canon
,
and
Decree
,
all
Christians
are
no
lesse
bound
to
beleeue
it
,
then
if
they
had
expresly
determined
,
or
defined
it
.
point
is
,
that
it
being
a
matter
of
faith
,
that
the
Church
cannot
erre
in
generall
precepts
,
or
Decrees
concerning
manners
,
it
followeth
,
that
the
hauing
ordained
the
deposition
of
neither
hath
erred
,
nor
could
erre
in
it
,
especially
seeing
that
the
errour
would
be
most
grieuous
,
and
pernicious
to
all
Christians
;
for
thereupon
would
follow
tumults
,
seditions
,
and
warres
,
by
reason
of
the
reuolts
,
and
rebellions
of
subiects
against
their
and
the
breach
of
their
Oathes
of
fidelity
,
which
were
no
lesse
then
periury
,
if
the
had
not
authority
to
discharge
subiects
of
their
allegiance
,
and
fidelity
to
their
Thus
in
effect
though
somewhat
more
amply
doth
argue
for
vs
.
hereupon
they
did
inferre
that
seeing
the
Fathers
in
the
grounded
their
Decree
vpon
this
doctrine
,
that
the
hath
power
to
depose
therefore
this
doctrine
must
be
certaine
,
and
of
faith
.
Lateran
Councell
Lateran
Councell
absolute
Princes
for
the
answere
,
and
confutation
,
Fitzherbert
,
of
these
three
arguments
produceth
three
instances
to
proue
,
that
the
doth
somtimes
exercise
his
power
with
danger
of
pernicious
,
&
most
grieuous
errour
,
when
neuerthelesse
it
is
vncertaine
,
whether
he
haue
such
power
,
or
no.
that
the
hath
often
giuen
lilence
to
a
Priest
to
minister
,
and
conferre
the
Sacrament
of
notwithstanding
that
diuers
great
Doctours
doe
denie
that
the
can
giue
such
licence
,
or
commission
;
whereupon
he
concludeth
,
that
it
is
not
certaine
,
Bonauent.
Adrian
whether
the
hath
the
power
,
which
he
exercieth
in
giuing
such
licenses
,
and
addeth
further
,
saith
he
So
he
,
shewing
euidently
,
how
vnreuerent
an
opinion
he
hath
of
the
licences
,
dispensations
,
and
other
actions
of
seeing
that
he
thinketh
,
or
insinuateth
at
least
,
that
they
haue
most
grieuously
,
and
perniciously
erred
therein
many
times
,
and
yet
one
of
the
that
did
dispence
in
the
case
here
mentioned
in
the
administration
of
the
was
the
famous
S.
the
great
,
who
granted
that
licence
to
some
Priests
in
by
reason
of
the
great
want
of
in
that
Iland
first
instance
first
instance
first
instance
That
doctrine
doth
appertaine
to
faith
,
which
is
propounded
,
or
supposed
by
Popes
as
a
sure
,
and
certaine
foundation
of
their
Decrees
,
and
sentences
,
(
for
so
saith
Fa.
Lessius
)
But
this
doctrine
that
the
B.
Virgin
was
not
conceiued
in
originall
sinne
,
that
the
Pope
can
dispence
in
the
solemne
vow
of
chastite
,
and
giue
leaue
to
a
Priest
to
minister
the
Sacrament
of
Confirmation
is
propounded
or
supposed
by
Popes
as
a
ground
,
and
foundation
of
many
their
Decrees
,
dispensations
,
and
iudiciall
sentences
.
Therefore
,
&c.
first
instance
first
argument
that
doctrine
to
appertaine
to
faith
,
which
Popes
,
Councells
,
and
Doctours
doe
propound
,
or
suppose
,
as
a
sure
foundation
of
their
decrees
and
sentences
,
&c.
first
instance
first
argument
Sea
Apostolike
Sea
Apostolike
Sea
Apostolike
Melchior
Canus
that
he
doth
not
approoue
all
Church-lawes
,
nor
commend
all
punishments
,
Censures
,
Excommunications
,
Suspensions
,
Irregularities
,
interdicts
that
those
who
rashly
,
and
without
election
doe
defend
euery
sentence
,
or
iudgement
of
the
concerning
euery
thing
,
doe
weaken
,
not
strengthen
,
doe
ouerthrow
,
not
establish
the
authority
of
the
de
facto
votum
4.
Aluarus
pelag
that
he
also
hath
seene
the
done
greater
things
with
the
scandal
all
Christianity
.
Aluarus
Pelagius
Decretall
Epistles
But
to
answere
grounded
vpon
this
instance
,
or
example
,
whereas
he
laboureth
to
proue
thereby
,
that
the
foundation
,
or
ground
of
the
of
the
concerning
the
deposition
of
may
be
vncertaine
,
because
the
ground
of
some
dispensations
in
the
administration
of
a
is
vncertaine
,
he
argueth
most
absurdly
.
For
there
is
such
an
euident
disparity
,
betwixt
the
particular
facts
,
or
dispensations
of
touching
particular
persons
,
Countreys
,
or
Churches
,
and
the
generall
made
for
the
direction
,
and
gouernment
of
the
whole
Church
,
that
a
man
may
wonder
how
he
could
forget
himselfe
so
farre
,
as
by
an
instance
of
a
supposed
possibility
of
errour
in
a
particular
fact
of
some
to
impugne
a
generall
of
a
together
with
a
generall
first
instance
first
Instance
first
Instance
two
Instances
three
arguments
three
instances
Lateran
Councell
Lateran
Councell
most
absurdly
first
instance
That
doctrine
doth
appertaine
to
faith
which
doe
either
propound
,
or
suppose
as
a
certaine
foundation
of
their
decrees
,
and
sentences
,
doctrine
doth
appertain
to
faith
,
which
do
propound
,
or
suppose
,
as
a
certaine
foundation
of
their
decrees
,
and
sentences
,
first
argument
first
argument
there
is
such
a
great
controuersie
among
Doctours
,
that
in
this
point
few
things
are
sure
or
certaine
,
For
it
is
manifest
,
and
most
worthy
to
be
noted
,
that
those
of
the
can
not
be
certaine
and
firme
,
which
are
not
grounded
vpon
certaine
,
and
firme
principles
,
and
foundations
.
Wherefore
if
but
one
of
those
things
,
whereon
the
iudgement
of
the
dependeth
,
be
vncertaine
,
the
of
the
cannot
be
vncertaine
But
perhaps
will
say
Fitzherbert
,
that
he
doth
not
argue
against
the
Decree
it selfe
,
but
against
the
reason
,
whereupon
it
was
grounded
,
saying
that
it
may
be
vncertaine
,
and
subiect
to
error
,
no
lesse
then
the
reason
which
mooued
some
to
giue
licence
to
a
to
administer
the
But
if
he
say
this
,
he
is
very
absurd
;
for
he
argueth
in
effect
no
otherwise
then
thus
:
had
no
sufficient
ground
for
his
dissimulation
at
which
S.
reprehended
in
him
)
therefore
the
had
no
sufficient
reason
,
or
ground
for
their
in
the
which
no
man
that
hath
his
right
wits
will
say
,
for
that
the
had
the
infallible
assistance
of
the
holy
in
making
their
which
S.
had
not
eyther
in
his
particular
fact
,
or
in
the
foundation
,
whereupon
he
grounded
it
.
Lateran
Councell
first
argument
Councels
.
That
doctrine
doth
appertaine
to
faith
doe
either
propound
or
suppose
as
a
certaine
foundation
of
their
decrees
and
sentences
,
&c.
[
foundation
Pope
Gregory
Pope
Innocent
Pope
Innocent
Lateran
Councell
Lateran
Councell
Besides
that
inferreth
absurdly
that
because
the
reason
,
which
mooued
some
to
grant
that
licence
was
vncertaine
,
or
seemed
erroneous
to
some
learned
men
,
therefore
it
was
vncertaine
also
in
it selfe
,
or
to
the
that
gaue
the
licence
,
as
who
would
say
,
that
because
the
reason
of
concerning
the
obseruation
of
the
Feast
of
seemed
vncertaine
to
the
Churches
of
therefore
it
was
vncertaine
in
it selfe
,
or
to
who
made
the
whereas
the
reason
,
or
ground
of
the
said
to
wit
,
the
tradition
of
the
was
not
onely
certaine
to
and
his
Successour
hist.
c.
who
excommunicated
the
Churches
of
for
resisting
it
)
but
also
to
the
first
Councell
of
which
afterwards
decreed
the
same
,
yea
to
the
whole
Church
,
which
followeth
the
of
the
said
accounting
them
for
heretikes
that
doe
contradict
them
,
as
I
haue
shewed
before
The
like
also
may
bee
said
of
the
rebaptization
of
such
as
are
baptized
by
heretikes
,
which
was
condemned
by
the
vpon
an
assured
ground
,
albeit
the
same
seemed
vncertaine
,
and
erroneous
to
Saint
and
to
a
with
him
,
who
were
of
contrarie
opinion
.
So
as
it
is
euident
,
that
many
things
may
seeme
vncertaine
to
some
learned
men
,
and
yet
bee
most
certaine
to
the
and
therefore
argueth
very
ridiculously
,
if
hee
inferre
(
as
hee
seemeth
to
doe
)
that
the
reason
which
mooued
some
to
giue
licence
to
to
administer
the
Sacrament
of
is
vncertaine
,
or
erroneous
,
because
it
seemeth
so
to
some
learned
men
.
the
reason
which
mooued
some
to
grant
licence
to
inferiour
to
administer
the
Sacrament
of
seemed
vncertaine
to
some
learned
men
,
yet
it
was
not
therefore
vncertaine
in
it selfe
,
or
to
the
that
gaue
the
licence
the
reason
,
which
mooued
some
to
grant
that
licence
to
seemed
erroneous
to
some
learned
men
,
yet
it
was
not
therefore
vncertaine
to
the
that
gaue
it
It
is
euident
that
many
things
may
seeme
vncertaine
to
some
learned
men
,
and
yet
bee
most
certaine
,
may
seeme
to
be
most
certaine
)
to
the
Sea
Apostolike
euident
,
that
many
things
may
seeme
vncertaine
to
some
learned
men
,
and
yet
bee
most
certaine
to
the
Sea
Apostolike
,
Sea
Apostolike
Sea
Apostolike
are
propounded
as
of
faith
Baptisme
giuen
in
the
name
of
Christ
without
expressing
the
three
persons
of
the
Trinitie
is
valid
,
and
of
force
,
Marriage
is
so
dissolued
by
heresie
,
that
the
partie
,
whose
consort
is
fallen
into
heresie
,
may
lawfully
marry
another
,
Papa
in
q.
that
the
soules
of
the
Blessed
should
not
see
God
before
the
Resurrection
:
Philip
le
Bell
ad
an.
ad
ann.
he
accounted
them
for
heretikes
,
who
did
not
beleeue
,
that
the
said
King
of
France
was
not
subiect
to
him
in
spiritualls
and
temporalls
:
hee
commanded
his
doctrine
,
or
to
bee
held
by
all
men
,
and
induced
the
Vniuersitie
of
that
none
should
there
take
any
degree
in
Diuinitie
,
vnlesse
hee
first
should
sweare
to
defend
and
alwayes
maintaine
this
errour
.
Boniface
the
eight
that
hee
accounted
them
for
heretikes
,
who
did
not
belieue
that
the
of
France
Gerson
;
The
second
truth
is
,
that
the
sentence
bindeth
all
men
not
to
dogmatike
,
or
teach
publikely
the
contrary
,
§.
2.
except
those
that
doe
finde
a
manifest
errour
against
faith
,
and
doe
perceiue
,
that
if
they
should
not
oppose
themselues
,
great
scandall
to
faith
would
arise
by
their
silence
:
And
if
then
there
should
be
prosecuting
of
Censures
,
and
punishments
against
them
,
let
them
bee
assured
,
that
blessed
are
they
that
suffer
persecution
for
iustice
.
But
much
more
ridiculous
inference
,
that
the
ground
and
reason
of
a
generall
made
by
a
and
generall
is
vncertaine
,
and
subiect
to
errour
,
because
some
learned
men
are
of
opinion
that
some
had
no
sufficient
reason
to
doe
some
particular
acts
,
or
grant
licences
,
or
dispensations
to
some
particular
persons
,
which
is
a
farre
different
case
from
the
other
,
and
therefore
,
I
say
,
his
infe●ence
thereupon
is
so
ridiculous
,
that
a
Scholler
may
bee
ashamed
to
make
it
;
for
albeit
we
should
grant
,
that
those
erred
both
in
granting
those
licences
,
and
in
their
grounds
,
yet
it
would
not
follow
,
that
therefore
the
together
with
the
whole
might
erre
in
the
ground
of
their
except
wee
may
inferre
And
yet
,
forsooth
,
this
is
one
of
his
answeres
.
Therefore
if
he
will
argue
against
the
of
the
by
instances
and
examples
,
let
him
not
produce
the
particular
facts
of
some
concerning
some
particular
Countries
,
or
persons
,
but
some
decree
of
a
or
generall
made
for
the
direction
and
gouernment
of
the
whole
Church
(
as
this
of
the
was
)
and
then
let
him
prooue
also
that
the
ground
of
the
said
decree
was
vncertaine
,
and
then
I
will
grant
that
hee
saith
somewhat
to
the
purpose
.
three
instances
ridiculous
absurdity
Lateran
Councell
first
instance
That
doctrine
doth
appertaine
to
faith
,
which
doe
propound
or
suppose
as
a
certaine
foundation
of
their
decrees
and
sentences
,
Lateran
Councell
it
is
not
hereticall
to
affirme
,
that
the
may
erre
in
the
canonization
of
Saints
,
Lateran
Councell
Lateran
Councell
heresie
,
errour
Lateran
Councell
ridiculous
,
absurd
,
improbable
not
to
the
purpose
we
may
inferre
In
the
meane
time
is
to
vnderstand
further
concerning
this
point
,
that
whereas
hee
demandeth
,
whether
I
answere
,
that
the
both
doth
,
and
may
minister
Sacraments
in
cases
of
necessitie
vpon
a
propable
opinion
,
without
any
danger
of
formall
sacriledge
,
or
sinne
;
as
when
a
childe
is
baptized
in
one
of
his
feet
,
or
hands
before
he
be
fully
borne
into
the
world
,
or
when
the
Sacrament
of
is
giuen
to
one
of
whom
it
is
not
certaine
whether
he
be
fully
dead
.
In
these
cases
,
I
say
,
and
diuers
other
such
,
the
doth
administer
Sacraments
with
some
danger
of
inualiditie
(
and
yet
without
danger
of
formall
Sacriledge
)
in
respect
of
the
great
hope
of
benefit
,
which
may
follow
to
the
soules
of
those
to
whom
they
are
administred
:
and
I
verily
thinke
that
there
was
neuer
any
Catholike
so
impious
hitherto
,
as
to
condemne
the
same
as
sacrilegious
,
either
in
the
most
famous
,
and
holy
Father
S.
or
in
any
other
of
his
successors
:
for
albeit
some
learned
men
haue
indeed
denied
that
they
had
authority
to
giue
such
licence
,
yet
they
were
not
so
inconsiderate
,
as
either
to
condemne
them
of
most
grieuous
,
or
sacrilegious
errour
,
or
to
deny
,
that
the
other
opinion
was
probable
,
seeing
that
it
had
beene
practised
so
long
since
by
S.
and
approoued
not
onely
by
so
many
most
famous
,
and
learned
Doctours
,
but
also
by
the
Councell
of
which
treating
of
the
Sacrament
of
and
hauing
said
,
that
the
Bishop
is
the
thereof
,
addeth
afterwards
So
saith
the
giuing
to
vnderstand
,
that
although
a
Bishop
is
the
of
the
Sacrament
of
yet
a
may
be
the
of
it
by
dispensation
of
the
And
this
I
hope
may
suffice
to
free
as
well
as
other
from
all
errour
,
and
much
more
all
danger
of
sacriledge
in
this
point
.
Besides
that
,
the
grant
of
such
licences
being
meere
matters
of
fact
,
and
concerning
onely
particular
persons
,
and
Countries
could
not
any
way
preiudice
our
cause
,
albeit
they
were
erroneous
,
or
sacrilegious
,
seeing
that
(
as
I
haue
sufficiently
signified
before
)
the
question
betwixt
him
,
and
vs
for
the
present
is
only
about
a
generall
of
a
Generall
ordained
for
the
speciall
good
,
and
benefit
of
the
whole
Church
,
wherein
wee
doe
indeed
acknowledge
the
infallible
assistance
of
the
holy
though
not
in
euerie
particular
fact
of
a
Thus
much
for
his
first
Instance
.
7.
§.
22.
Florence
.
Castro
Romane
Church
Monte
Cassino
Extreame
vnction
holy
Orders
first
example
third
argument
it
is
a
point
of
faith
,
that
the
cannot
erre
in
doctrine
,
and
precepts
of
manners
by
teaching
generally
something
to
be
lawfull
which
is
vnlawfull
,
or
also
by
commanding
something
of
it selfe
vnlawfull
,
for
that
such
an
errour
is
no
lesse
pernicious
to
the
faithfull
then
an
errour
in
faith
:
a
point
of
faith
that
the
hath
power
to
depose
Princes
the
Church
should
teach
a
most
pernicious
errour
and
subiects
should
be
incited
to
rebellions
and
periuries
:
third
instance
third
instance
third
argument
third
instance
parte
rei
third
instance
third
argument
third
argument
Chapter
,
that
the
grant
of
such
licences
being
meere
matters
of
fact
,
and
concerning
onely
particular
persons
,
and
Countreys
,
could
not
any
way
preiudice
his
cause
,
albeit
they
were
erroneous
,
and
sacriledgious
,
seeing
that
the
question
,
betwixt
me
and
them
for
the
present
is
onely
about
a
generall
decree
of
a
generall
Councell
,
ordained
for
the
speciall
good
and
benefite
of
the
whole
Church
,
wherein
acknowledgeth
the
infallible
assistance
of
the
holy
Ghost
,
though
not
in
euery
particular
fact
of
a
Pope
,
that
the
question
betwixt
me
,
and
them
for
the
present
is
onely
about
a
generall
decree
of
a
generall
Councell
ordained
for
the
speciall
good
,
and
benefite
of
the
whole
Church
:
first
instance
Councells
,
That
doctrine
doth
appertaine
to
faith
,
which
doe
propound
,
or
suppose
as
a
certaine
foundation
of
their
Decrees
,
and
sentences
.
that
the
question
betwixt
me
and
them
for
the
present
is
onely
about
a
generall
of
a
generall
Councell
first
instance
two
instances
third
example
M.
Fitzherberts
that
Pope
the
fourth
made
a
concerning
the
celebration
of
the
B.
notwithstanding
that
it
is
vncertaine
,
and
disputed
amongst
the
Diuines
without
any
blot
of
heresie
,
errour
,
or
mortall
sinne
,
whether
the
blessed
Virgin
cantracted
originall
sinne
in
her
or
was
preserued
from
it
by
a
peculiar
prouidence
of
God
,
and
therefore
saith
he
Apostolicall
Decree
So
he
:
whereupon
he
inferreth
,
that
the
ground
of
the
of
the
may
also
be
vncertaine
,
or
impugned
without
note
of
heresie
,
or
sinne
.
second
instance
second
argument
If
a
generall
should
expresly
define
,
that
the
Church
hath
power
to
depose
no
Catholike
can
make
doubt
,
but
that
it
should
belong
to
faith
,
but
seeing
that
she
supposeth
it
as
a
certaine
foundation
of
her
Decrees
and
sentences
shee
is
thought
no
lesse
to
affirme
the
same
,
therefore
it
ought
to
bee
accounted
no
lesse
certaine
:
second
instance
second
example
second
instance
Lateran
Councell
Lateran
Councell
three
examples
three
instances
second
Instance
second
instance
second
argument
second
Instance
Lateran
Councell
very
many
Doctours
second
example
second
Instance
.
But
is
as
little
to
the
purpose
as
the
former
,
for
albeit
he
alleadgeth
not
here
a
particular
fact
,
but
a
generall
decree
of
a
directed
to
the
whole
Church
,
yet
he
abuseth
his
in
seeking
to
perswade
him
,
that
the
foundation
of
that
decree
,
was
the
opinion
or
particular
perswasion
of
Pope
Sixti
4.
§.
that
the
was
not
conceiued
in
originall
sinne
,
whereas
no
such
thing
can
be
gathered
by
the
decree
,
but
onely
that
his
desire
was
by
the
concession
of
to
stirre
vp
the
people
to
the
deuote
celebration
of
the
Feast
,
and
thereby
to
giue
thankes
,
and
praise
to
Almighty
God
for
the
benefite
,
which
all
Cristian
men
haue
receiued
by
her
to
which
end
it
imported
nothing
at
all
how
she
was
conceiued
;
I
meane
,
whether
she
were
sanctified
in
the
first
instant
of
her
conception
,
as
very
many
doe
hold
,
or
shortly
after
,
as
others
teach
,
and
therefore
the
decree
of
Pope
is
obserued
as
well
by
those
that
affirme
her
to
haue
beene
conceiued
in
originall
sinne
,
as
by
those
that
denye
it
,
because
nothing
is
ordained
in
the
decree
in
fauour
,
or
preiudice
of
either
opinion
This
may
appeare
as
well
by
a
latter
of
his
,
whereby
hee
ordained
that
both
the
opinions
might
be
held
,
and
taught
without
note
of
heresie
saith
he
as
also
by
the
expresse
words
of
this
wherein
hee
signifieth
that
considering
the
ineffable
dignity
,
and
worthinesse
of
the
most
blessed
Virgin
,
it
is
conuenient
and
necessary
that
all
faithfull
Christians
Thus
saith
Pope
in
his
and
then
addeth
So
he
.
And
his
determination
and
was
no
other
,
but
that
all
such
as
did
with
due
deuotion
assist
at
the
diuine
office
and
seruice
,
appointed
for
the
celebration
of
that
should
gaine
all
those
which
had
beene
granted
before
to
such
as
celebrated
the
Feast
of
This
then
being
the
whole
substance
and
effect
as
well
of
the
as
of
the
motiue
thereof
expressed
therein
,
it
is
euident
that
Pope
had
no
other
meaning
in
all
this
,
then
to
mooue
all
Christians
to
the
deuout
celebration
of
the
feast
of
the
of
the
blessed
no
lesse
then
of
her
and
other
without
any
preiudice
to
the
different
opinions
that
eyther
then
were
,
or
after
might
be
held
concerning
the
manner
of
her
in
which
respect
the
said
is
celebrated
by
all
Christians
no
lesse
then
her
other
which
is
as
much
as
Pope
desired
and
intended
;
whereby
it
appeareth
,
that
his
is
indifferent
to
both
opinions
,
being
obserued
by
the
maintainers
of
both
,
and
that
therefore
it
is
not
grounded
vpon
either
of
both
.
And
now
to
apply
this
to
our
purpose
,
whereas
pretendeth
by
this
to
prooue
,
that
the
doctrine
of
the
power
to
depose
is
as
vncertaine
,
as
the
doctrine
that
the
was
conceiued
without
originall
sinne
,
which
is
impugned
by
very
learned
men
,
it
is
to
be
considered
,
that
there
is
such
disparitie
in
the
cases
,
and
such
weakenesse
in
his
that
hee
prooueth
nothing
at
all
against
vs
.
For
the
of
Pope
had
so
little
dependance
on
the
doctrine
of
her
immaculate
that
he
might
haue
made
it
(
yea
it
would
haue
been
very
lawfull
,
iust
,
and
conuenient
)
though
he
had
held
the
contrary
opinion
;
whereby
it
is
manifest
,
that
his
opinion
concerning
the
immaculate
puritie
of
her
was
not
the
ground
of
his
doth
very
fondly
suppose
it
to
bee
)
whereas
in
our
question
touching
the
Canon
of
the
Lateran
the
case
is
farre
different
,
seeing
that
the
said
Canon
hath
such
dependance
on
the
doctrine
of
the
power
to
depose
(
which
is
necessarily
supposed
and
included
in
it
)
that
if
the
haue
no
such
power
,
the
Canon
is
vtterly
void
,
being
altogether
vniust
,
vnlawfull
,
and
erroneous
;
Whereupon
it
euidently
followeth
,
that
the
doctrine
of
the
power
to
depose
is
the
foundation
of
the
Canon
.
So
as
you
see
,
that
to
impugne
this
vndoubted
ground
of
the
hee
is
faine
to
suppose
,
and
vrge
a
false
ground
of
Pope
and
consequently
faileth
wholly
in
the
proofe
of
that
which
he
pretendeth
;
and
therefore
to
make
his
good
,
and
the
cases
like
,
he
should
haue
prooued
,
that
the
doctrine
of
the
power
to
institute
is
vncertaine
,
and
imagined
by
learned
Catholikes
without
danger
of
sinne
,
for
Pope
touching
the
celebration
of
the
supposeth
the
truth
of
that
doctrine
,
as
in
like
sort
the
of
the
Councell
concerning
the
deposition
of
supposeth
that
the
doctrine
of
the
power
to
despose
is
certaine
,
and
true
;
and
therefore
I
conclude
,
that
his
wherein
he
supposeth
a
false
ground
,
is
as
improbable
,
and
impertinent
as
the
former
.
Mr.
Fitzherbert
second
example
second
Instance
the
ground
and
foundation
to
be
his
opinion
,
and
perswasion
,
that
the
blessed
was
not
conceiued
in
originall
sinne
,
doe
very
fondly
suppose
the
same
fond
,
improbable
ad
Rom.
part
.
disp.
part
.
disp.
fond
,
improbable
But
at
the
last
the
Church
two
hundred
yeeres
since
generally
receauing
the
celebration
of
this
Feast
,
giueth
speciall
indulgences
to
the
worshippers
thereof
:
Whereupon
she
seemeth
in
some
sort
to
haue
canonized
the
of
the
But
perchance
it
will
be
said
,
that
this
is
not
celebrated
,
for
that
it
is
holy
,
but
because
it
hath
beene
a
great
benefit
of
and
a
beginning
of
greater
.
But
this
by
no
meanes
is
to
be
approued
;
because
(
as
it
is
manifest
by
the
vnderstanding
of
the
faithfull
)
the
doth
not
celebrate
this
onely
for
giuing
thankes
in
respect
of
but
also
in
honour
of
the
but
the
should
not
bee
worthy
of
honour
for
her
vnlesse
therein
she
had
beene
holy
.
doe
thinke
,
that
it
is
sufficiently
proued
,
that
the
blessed
at
the
time
of
her
was
holy
,
for
that
the
doth
celebrate
her
therefore
the
same
iudgement
would
they
make
of
her
if
they
should
see
the
to
be
celebrated
saith
,
that
the
Feast
of
her
is
in
some
Martyrologies
expresly
set
downe
for
the
most
great
purity
,
and
sanctity
thereof
;
and
this
will
be
made
more
euident
by
that
which
shall
be
said
.
But
some
others
say
,
that
the
of
the
was
not
celebrated
,
but
of
the
at
what
time
soeuer
it
was
done
,
or
truly
(
if
the
Feast
of
her
be
celebrated
)
it
is
not
therfore
because
she
was
sanctified
in
the
first
instant
,
but
because
she
was
sanctified
perchance
that
day
.
But
this
also
is
against
the
meaning
of
the
which
euer
intended
to
celebrate
some
speciall
priuiledge
and
immunity
of
the
vpon
this
feastiuall
day
,
whereof
are
manifest
signes
:
because
Saint
in
the
aforesaid
did
vnderstand
in
this
sense
the
meaning
of
the
which
began
to
celebrate
this
For
if
they
should
celebrate
onely
the
sanctification
,
there
were
no
cause
why
he
should
reprehend
them
.
the
Councell
of
doth
plainly
say
,
that
it
is
an
ancient
custome
of
the
to
celebrate
this
Feast
in
honour
of
the
of
the
in
a
certaine
office
of
this
Feast
,
which
is
confirmed
by
the
authoritie
of
the
fourth
this
oftentimes
is
expresly
said
,
and
the
intention
of
this
Feast
is
declared
.
And
after
the
same
manner
the
fourth
doth
speake
in
the
and
in
the
calling
her
pure
,
and
immaculate
,
and
granting
Indulgences
to
those
who
doe
piously
beleeue
,
and
celebrate
the
same
.
And
so
also
the
Councell
of
vnderstood
these
where
she
confirmeth
them
.
Whereupon
the
same
Pope
the
fourth
saith
,
that
those
doe
not
sinne
,
who
thinke
that
the
B.
was
conceiued
without
sinne
,
and
for
that
cause
doe
celebrate
her
Therefore
without
doubt
this
is
the
intention
and
reason
of
this
festiuitie
.
that
in
the
same
manner
one
may
say
,
that
when
the
doeth
celebrate
the
of
the
it
is
not
for
that
shee
was
holy
in
her
but
because
shee
was
sanctified
within
that
day
,
but
this
is
plainely
false
and
absurd
,
as
it
is
manifest
by
that
which
hath
beene
saide
,
therefore
the
same
is
for
the
present
.
And
the
reason
is
generall
,
because
the
doth
properly
worship
and
celebrate
the
mysteries
,
and
priuiledges
of
the
holy
Virgins
Conception
that
the
in
that
exhorteth
the
faithfull
to
giue
praise
and
thankes
to
for
the
of
the
immaculate
but
hee
could
not
call
it
a
vnlesse
the
were
contrarie
to
the
accustomed
manner
conceiued
in
grace
and
sanctitie
,
for
no
other
thing
could
her
haue
,
seeing
that
for
as
much
as
appertaineth
to
nature
,
she
was
conceiued
after
the
manner
of
other
men
,
and
women
.
good
Reader
fondnesse
,
improbabilitie
,
and
impertinencie
,
without
all
doubt
the
end
,
reason
,
ground
and
foundation
of
Decree
for
celebrating
the
Feast
of
the
was
for
that
the
supposed
her
to
bee
conceiued
in
grace
,
and
sanctitie
,
and
that
all
Christian
people
by
celebrating
her
should
giue
praise
and
thanks
to
for
her
and
contrarie
to
the
ordinarie
manner
that
other
men
are
conceiued
,
to
the
end
that
they
thus
celebrating
her
may
by
her
merits
,
and
intercession
bee
made
more
capable
of
Virgins
Conception
Virgins
Conception
Melchior
Canus
that
it
is
not
hereticall
to
affirme
,
that
the
may
erre
therein
third
Instance
being
of
the
nature
and
qualitie
of
the
is
so
sufficiently
answered
alreadie
,
that
I
neede
not
to
stand
long
vpon
it
:
hee
saith
that
the
haue
oft
dispenced
with
which
had
made
a
solemne
vow
of
chastitie
,
whereof
he
alleadgeth
some
examples
,
and
because
very
learned
doe
deny
that
the
hath
authoritie
to
dispence
in
solemne
vowes
,
inferreth
as
before
,
that
the
doctrine
whereupon
those
dispensations
were
grounded
,
is
not
so
certaine
,
but
that
it
may
be
impugned
without
sinne
,
and
consequently
,
that
the
like
followeth
also
,
concerning
the
doctrine
of
the
power
to
depose
which
is
the
foundation
of
the
of
the
Thus
argueth
But
in
all
this
he
is
as
idle
as
in
the
rest
,
and
shooteth
his
bolts
at
random
,
and
cleane
wide
of
the
marke
,
impugning
a
generall
of
an
by
some
particular
facts
of
concerning
particular
men
,
which
facts
both
he
,
and
wee
grant
may
be
subiect
to
errour
:
whereas
not
onely
we
,
but
he
himselfe
also
acknowledgeth
the
infallible
assistance
of
the
holy
in
the
definitions
,
and
decrees
of
generall
as
I
haue
amply
declared
before
And
therefore
to
make
a
good
in
this
case
,
and
fit
for
the
matter
in
hand
,
hee
should
produce
some
of
a
generall
or
at
least
of
some
ordaining
the
practise
of
such
dispensations
,
and
shew
vs
withall
,
that
notwithstanding
the
said
some
Catholike
doe
deny
the
authoritie
to
dispence
in
vowes
,
but
this
he
neither
doth
,
nor
can
doe
;
for
if
euer
any
such
had
beene
made
,
the
Catholike
whom
hee
nameth
,
would
not
haue
doubted
of
the
authoritie
in
that
behalfe
,
as
they
haue
done
,
because
neither
the
doctrine
it selfe
,
nor
the
practise
thereof
was
euer
decreed
by
any
or
Generall
whereby
it
appeareth
euidently
,
that
this
his
third
is
suteable
to
the
two
former
,
and
as
as
the
rest
of
his
arguments
,
and
answeres
.
third
Instance
third
argument
third
example
three
Instances
three
Instances
That
doctrine
doth
appertaine
to
faith
,
which
suppose
as
a
certaine
foundation
of
their
decrees
and
sentences
it
is
a
poynt
of
faith
that
the
Pope
hath
power
to
depose
Pope
should
erre
in
doctrine
and
precepts
of
manners
by
teaching
generally
something
to
be
lawfull
,
which
is
vnlawfull
,
or
contrariwise
,
and
also
by
commanding
something
of
it selfe
vnlawfull
seeing
that
she
teacheth
,
that
a
being
deposed
,
yea
,
and
excommunicated
by
the
sentence
of
the
his
subiects
are
absolued
from
his
obedience
,
yea
,
and
are
bound
not
to
obey
him
,
vntill
he
be
reconciled
,
if
the
Censure
bee
denounced
,
whereby
subiects
are
incited
by
the
Pope
to
rebellions
and
periuries
.
Lateran
Councell
It
is
a
point
of
faith
,
that
the
Church
cannot
erre
in
doctrine
,
and
precepts
of
manners
,
by
teaching
generally
something
to
be
lawfull
,
which
is
vnlawfull
,
or
vnlawfull
,
which
is
lawfull
,
or
also
by
commanding
something
of
it selfe
vnlawfull
.
Lateran
Councell
commanding
something
of
it selfe
euill
generall
commaundement
generall
commandements
generall
commandement
good
Reader
third
example
third
Instance
absurd
,
improbable
,
impertinent
,
fond
,
all
lawes
,
and
decrees
whatsoeuer
are
to
be
restrained
and
limited
according
to
the
power
of
the
Law-Maker
,
&c.
three
arguments
depose
Princes
onely
in
this
case
the
Councels
or
Fathers
are
to
be
vnderstood
to
pronounce
of
faith
,
when
the
sentence
,
or
Decree
belongeth
to
all
Christians
,
when
it
bindeth
all
.
the
doctrine
of
Popes
and
Councells
,
if
it
bee
propounded
to
the
whole
Church
,
if
it
bee
also
propounded
with
an
obligation
to
be
beleeued
,
then
doth
their
sentence
,
or
concerne
a
point
of
faith
When
the
Church
in
a
matter
of
weight
,
and
which
is
very
profitable
for
the
reforming
of
Christian
manners
,
doth
make
lawes
to
all
the
people
,
she
cannot
command
any
thing
,
which
is
contrary
to
the
Gospell
,
or
naturall
reason
;
but
in
manners
not
common
to
the
whole
Church
,
but
which
are
referred
to
priuate
men
,
or
Churches
,
she
may
erre
through
ignorance
,
not
only
in
her
iudgement
of
things
done
,
but
also
in
her
priuate
precepts
and
lawes
.
Lateran
Councell
generall
Decree
Councell
,
vt
ex
tunc
ipse
,
that
from
that
time
the
may
denounce
his
Vassals
absolued
from
their
fealtie
,
particular
Decrees
three
instances
three
arguments
three
Instances
M.
Fitzherbert
Apologeticall
Answere
M.
Fitzherhert
three
Instances
three
arguments
Finally
,
are
not
the
reasons
by
which
Councells
are
induced
,
or
mooued
to
define
any
thing
,
as
it
were
some
grounds
,
which
are
propounded
,
or
supposed
by
them
as
foundations
of
their
definitions
and
decrees
?
and
neuerthelesse
no
Diuine
,
as
I
suppose
,
will
affirme
,
that
those
reasons
are
to
be
receiued
by
Catholikes
,
with
the
same
certainty
as
the
definitions
themselues
.
In
Councells
,
saith
Cardinall
Bellarmine
,
but
onely
the
bare
Decrees
,
and
those
not
all
,
but
those
onely
which
are
propounded
as
of
faith
.
Apologeticall
Preface
by
an
other
impertinent
argument
is
further
discouered
.
There
remaineth
now
Fitzherbert
,
one
argument
onely
to
be
examined
,
which
addeth
to
his
three
for
the
conclusion
of
the
whole
,
reasoning
thus
in
effect
;
that
because
the
reasons
,
which
mooue
to
define
,
and
determine
any
thing
,
are
,
as
it
were
,
the
foundations
of
their
and
yet
not
so
certaine
as
the
themselues
(
which
he
confirmeth
by
the
opinion
and
doctrine
of
therefore
the
doctrine
of
the
power
to
depose
whereupon
the
of
the
was
grounded
)
is
not
so
certaine
but
that
it
may
be
erroneous
,
and
impugned
without
offence
.
without
note
of
heresie
Melchior
Canus
it
is
not
hereticall
to
hold
,
that
the
Church
may
erre
in
the
canonization
of
Saints
,
whosoeuer
should
say
,
that
therefore
the
Church
doth
erre
in
the
canonization
of
such
a
Saint
,
is
a
rash
,
and
irreligious
man
,
and
deserueth
therefore
to
bee
punished
by
the
Church
:
Lateran
Councell
two
first
Whereunto
I
answere
,
that
by
this
argument
impugneth
none
so
much
as
himselfe
,
granting
that
the
Decrees
of
Councells
may
be
certaine
,
though
the
reasons
,
whereupon
they
are
grounded
,
be
vncertaine
.
all
Decrees
of
Councells
doe
not
belong
to
faith
,
but
those
onely
which
are
propounded
as
of
faith
as
they
are
,
reasons
,
grounds
,
and
foundations
thereof
,
two
first
Whereupon
it
followeth
that
the
of
the
ordaining
the
deposition
of
may
bee
certaine
,
and
iust
,
albeit
the
reasons
,
or
doctrine
which
was
the
foundation
of
it
were
not
certaine
;
and
so
may
be
lawfully
deposed
by
the
in
such
case
,
as
the
hath
ordained
,
though
the
said
might
be
mooued
thereto
by
an
vncertaine
,
or
erroneous
reason
,
so
that
albeit
should
prooue
,
that
the
ground
of
the
in
question
were
vncertaine
,
or
erroneous
,
yet
hee
should
prooue
nothing
against
the
Some
Decrees
of
may
bee
certaine
,
though
the
reasons
&
doctrine
,
whereupon
they
are
grounded
be
vncertaine
,
therefore
the
of
the
Councell
ordaining
the
deposition
of
may
be
certaine
,
though
the
reasons
,
doctrine
,
and
foundations
thereof
,
be
vncertaine
:
Adam
,
Salomon
Sauiour
Christ
vt
extunc
ipse
&c.
That
then
the
may
denounce
the
vassalls
absolued
from
their
fealtie
to
the
end
that
the
may
denounce
&c.
And
truely
it
cannot
be
denied
,
but
that
great
difference
is
to
be
made
(
as
saith
well
out
of
Cardinall
betwixt
the
certaintie
of
the
and
of
the
reasons
which
are
alledged
therein
;
it
being
euident
that
all
reasons
are
not
of
like
weight
,
certaintie
,
or
probability
;
neuerthelesse
,
it
were
absurd
to
say
,
that
the
fundamentall
reason
or
doctrine
,
which
is
necessarily
included
,
and
supposed
in
any
decree
of
an
can
be
false
;
for
so
also
the
decree
it selfe
should
be
false
,
and
the
errour
of
both
iustly
ascribed
to
the
holy
Ghost
,
as
Authour
thereof
.
And
this
I
say
of
decrees
,
that
concerne
not
onely
matters
of
beliefe
,
but
also
manners
,
or
matters
of
fact
,
such
as
was
the
decree
of
the
Apostles
at
wherein
they
doubted
not
to
say
,
ascribing
to
the
holy
Ghosts
assistance
their
determination
,
not
onely
of
the
decree
it selfe
,
but
also
of
the
foundation
,
whereupon
it
was
grounded
,
I
meane
the
equalitie
,
iustice
,
and
conueniencie
of
it
.
For
it
cannot
bee
denied
,
but
that
the
holy
Ghost
assisted
,
and
guided
them
first
to
determine
what
was
lawfull
,
and
conuenient
to
be
decreed
,
and
executed
,
and
then
after
to
ordaine
,
and
decree
it
,
the
one
so
depending
on
the
other
,
that
if
they
had
failed
in
the
former
,
they
would
not
haue
iustly
decreed
the
latter
;
that
is
to
say
,
if
it
had
not
beene
lawfull
and
conuenient
for
Christians
at
that
time
to
abstaine
from
strangled
meates
and
bloud
,
the
Apostles
could
not
haue
lawfully
ordained
,
and
decreed
it
;
and
therefore
the
being
iust
,
and
ascribed
to
the
assistance
of
the
holy
Ghost
,
the
foundation
or
ground
,
and
all
the
necessary
consequents
thereof
must
needs
be
granted
to
be
lawfull
and
iust
,
and
to
flow
from
one
fountaine
,
that
is
to
say
,
from
the
holy
Ghosts
inspiration
and
assistance
.
it
is
not
hereticall
to
affirme
,
that
the
Charch
may
erre
in
the
canonizing
of
Saints
,
Salmeron
,
Suarez
fundamental
reason
Visum
est
spiritui
&
nobis
It
hath
seemed
good
to
the
holy
Ghost
,
and
vs
,
It
is
alwayes
by
the
law
for
the
Iudge
,
vnlesse
there
manifestly
appeare
an
errour
:
and
hee
that
supposeth
vpon
a
lawfull
cause
such
an
Indulgence
to
bee
giuen
,
doth
affirme
the
trueth
,
as
hee
without
falsitie
affirmeth
such
a
one
to
bee
a
Saint
,
supposing
him
to
bee
rightly
canonized
.
So
that
granting
that
such
a
man
who
is
canonized
should
not
bee
a
Saint
,
but
damned
,
the
doctrine
or
preaching
of
the
Church
would
not
bee
lying
or
false
;
for
heere
those
things
that
doe
not
appertaine
to
faith
are
not
vnderstood
to
bee
affirmed
but
with
a
graine
of
salt
,
that
is
supposing
those
things
which
are
commonly
presumed
.
For
the
doeth
presume
the
canonization
to
bee
rightly
done
,
and
likewise
the
Indulgence
to
bee
rightly
giuen
,
but
as
humane
errour
may
perchance
happen
in
the
canonization
of
some
Saint
(
as
Saint
affirmeth
)
so
humane
errour
may
happen
in
the
giuing
of
an
Indulgence
.
But
if
any
man
thinke
,
that
the
cannot
erre
in
these
particular
actions
,
as
are
dispensations
as
well
of
the
temporall
as
of
the
spirituall
goods
of
the
Church
,
let
him
also
thinke
that
he
is
not
a
man
.
The
like
is
also
to
be
said
,
of
the
of
the
concerning
the
deposition
of
to
wit
,
that
the
holy
assisted
,
and
guided
them
,
first
to
resolue
what
was
lawfull
,
and
conuenient
to
bee
decreed
(
that
is
to
say
,
that
should
be
deposed
by
the
if
they
would
not
purge
their
Countreys
of
heresie
)
and
afterwards
to
ordaine
and
decree
it
;
for
if
it
had
not
beene
lawfull
and
conuenient
,
that
the
should
depose
in
that
case
,
the
could
neuer
haue
lawfully
decreed
it
,
neither
could
the
possibly
be
lawful
if
the
had
not
that
power
;
so
as
it
is
euident
that
the
being
iust
(
as
proceeding
from
the
assistance
of
the
holy
the
determination
not
only
of
the
iustice
and
conueniencie
of
it
,
but
also
of
the
power
to
performe
it
,
must
needes
be
granted
to
proceede
in
like
manner
from
the
holy
inspiring
as
well
the
ground
,
and
foundation
of
the
as
the
And
therefore
howsoeuer
may
cauill
about
the
certainetie
of
some
that
haue
beene
,
or
may
bee
alleadged
in
some
hee
cannot
with
any
shew
of
reason
,
or
probabilitie
deny
,
or
call
in
question
those
foundations
,
and
necessarie
grounds
of
this
or
say
,
that
they
are
lesse
certaine
then
the
it selfe
,
as
hee
seemeth
most
absurdly
to
affirme
in
this
argument
;
wherein
I
wish
also
to
bee
noted
,
how
ignorantly
hee
confoundeth
the
foundation
of
a
Decree
with
the
which
mooue
the
to
make
it
,
or
are
added
thereto
,
as
though
all
the
which
are
brought
and
alleadged
by
a
or
mooue
them
to
determine
any
thing
,
were
the
foundations
of
their
Decrees
,
whereas
many
yea
texts
of
Scriptures
are
probably
alleadged
in
for
the
explicotion
onely
,
or
some
confirmation
of
their
Decrees
,
and
not
as
the
foundations
of
them
.
Lateran
Councell
Whereby
it
appeareth
also
how
absurdly
comprehendeth
the
doctrine
of
the
power
to
depose
vnder
the
title
of
reasons
,
moouing
the
Councell
of
to
decree
the
deposition
of
them
,
seeing
that
the
reasons
of
are
so
extrinsecall
thereto
,
that
they
may
faile
,
and
yet
the
stand
good
,
and
bee
of
force
,
whereas
the
foresaid
doctrine
of
the
power
is
so
intrinsecall
,
and
as
I
may
say
,
essentiall
to
the
of
the
that
it
is
necessarily
included
,
and
supposed
in
it
,
in
so
much
that
the
saide
cannot
possibly
stand
,
or
bee
good
if
that
doctrine
bee
not
true
,
as
I
haue
signified
before
,
and
therefore
hee
argueth
as
impertinently
in
this
,
as
in
the
rest
.
three
Instances
vt
extuncipse
,
&c.
that
then
the
may
denounce
his
Vassalls
absolued
from
their
fealtie
,
whether
the
reasons
that
mooue
to
define
,
or
decree
something
,
are
not
as
it
were
certaine
grounds
and
foundations
of
their
definitions
and
decrees
.
But
now
will
you
heare
how
well
concludeth
this
his
last
argument
,
and
condemneth
himselfe
of
errour
,
or
heresie
?
Thus
then
hee
saith
,
Alphonsus
Salmeron
Francis
Suarez
Salmeron
,
do
oppose
the
consent
of
almost
the
vniuersall
Church
,
&
the
vniforme
doctrine
of
all
vniuersities
.
51.
§.
the
second
ground
Suarez
,
is
to
bee
taken
from
the
authoritie
of
the
Church
.
And
first
the
vniuersall
consent
almost
of
the
whole
Church
;
and
especially
for
these
two
hundred
yeeres
almost
all
Ecclesiasticall
writers
,
Bishops
,
almost
all
Religions
,
and
Vniuersities
haue
subscribed
.
Apologeticall
Preface
Wherein
I
wish
to
be
noted
two
things
,
the
how
confident
is
,
that
he
hath
prooued
by
his
three
instances
,
or
examples
,
and
this
his
last
argument
,
that
the
Church
ordaining
,
and
decreeing
in
the
that
Princes
shall
in
some
cases
be
deposed
by
the
Pope
,
did
not
firmely
belieue
,
but
onely
probably
thinke
,
that
the
Pope
hath
lawfull
power
,
and
authority
to
doe
it
,
whereas
you
haue
seene
his
instances
and
arguments
to
be
so
weake
,
friuolous
,
and
impertinent
,
that
they
haue
serued
to
no
other
purpose
,
but
to
discouer
his
folly
,
and
the
weakenesse
of
his
cause
.
Lateran
Councell
The
other
thing
which
I
wish
,
to
be
noted
is
,
how
giueth
sentence
against
himselfe
,
as
hauing
incurred
the
note
of
errour
,
or
heresie
,
in
contemning
to
heare
the
voyce
of
the
Church
firmely
beleeuing
;
for
if
the
Church
had
not
firmely
beleeued
,
that
the
hath
power
to
depose
shee
neither
would
nor
could
haue
decreed
in
the
should
bee
deposed
by
the
for
albeit
shee
doth
,
and
may
in
particular
cases
practise
some
things
vpon
a
when
there
is
no
to
the
contrary
)
yet
it
were
most
absurd
,
and
temerarious
,
if
not
hereticall
,
to
say
,
that
shee
euer
made
a
generall
in
a
touching
either
faith
,
or
manners
;
but
vpon
a
most
certaine
,
and
assured
ground
:
and
the
reason
is
,
for
that
otherwise
the
of
generall
should
sometimes
bee
vncertaine
,
as
being
grounded
onely
vpon
a
yea
all
their
might
alwaies
with
some
shew
of
reason
bee
impugned
,
and
reiected
by
any
contentious
heretike
,
who
might
and
would
call
the
in
question
,
and
say
,
that
the
same
were
onely
doth
in
this
case
Therefore
seeing
it
is
most
certaine
,
and
vniformly
beleeued
by
all
Catholike
Doctours
,
2.
3.
4.
5.
Bannes
that
no
of
generall
made
for
the
whole
Church
,
touching
either
faith
,
or
manners
,
can
be
repugnant
to
the
veritie
of
the
holy
Scriptures
,
or
may
bee
impugned
,
or
called
in
question
by
any
Christian
man
,
it
followeth
euidently
,
that
all
such
are
founded
vpon
assured
grounds
,
and
none
vpon
for
if
the
grounds
thereof
were
or
might
bee
onely
they
might
bee
repugnant
to
the
Scriptures
,
and
lawfully
impugned
or
denyed
by
any
man
.
Whereupon
it
followeth
,
that
seeing
the
hath
for
the
speciall
good
of
the
Church
decreed
that
shall
be
deposed
by
the
in
some
cases
,
the
said
and
consequently
the
Church
,
doth
firmely
,
and
assuredly
beleeue
(
and
not
thinke
onely
that
the
hath
power
to
depose
and
therefore
I
conclude
,
that
contemning
and
reiecting
this
beliefe
of
the
Church
,
is
by
his
owne
confession
fallen
into
errour
,
or
heresie
;
so
as
I
may
well
say
to
him
,
with
our
in
the
Gospell
I
will
giue
thee
the
keyes
,
&c.
Whatsoeuer
thou
shalt
lose
,
&c.
Feede
my
sheepe
,
because
it
is
most
certaine
,
and
vniformly
beleeued
and
taught
by
all
Catholike
Doctours
,
that
no
of
generall
for
the
whole
Church
,
touching
either
faith
or
manners
,
can
be
repugnant
to
the
verity
of
the
holy
Scriptures
,
or
called
in
question
by
any
Christian
man
,
and
that
therefore
all
such
are
founded
vpon
assured
grounds
,
and
none
vpon
probable
opinions
,
&c.
Lateran
Councell
hereticall
to
affirme
,
that
some
custome
,
or
law
of
the
Church
is
euill
or
vniust
,
it
is
not
hereticall
to
hold
that
the
Church
may
erre
in
the
canonizing
of
Saints
,
S.
Tho.
Antonin
3.
8.
Caiet
that
it
is
to
be
beleeued
,
that
the
Church
cannot
erre
in
the
canonizing
of
them
.
Salmeron
,
Suarez
&
seq
for
that
it
is
not
as
yet
defined
by
the
Church
,
neither
is
there
any
testimony
of
Scripture
,
or
sufficient
tradition
which
may
make
the
beliefe
therof
infallible
.
Virgins
Assumption
1
Sotus
1.
Abul
that
it
is
a
very
pious
opinion
:
And
as
concerning
the
Resurrection
of
the
It
is
not
necessary
to
hold
the
same
,
because
it
is
not
among
the
articles
of
our
faith
,
neither
is
there
any
thing
defined
by
the
Church
,
that
it
ought
to
be
held
,
therefore
it
is
lawfull
for
euery
one
to
thinke
as
he
will
.
And
the
reasons
which
are
brought
to
prooue
her
Resurrection
,
are
certaine
perswasions
,
and
doe
not
conuince
,
and
yet
because
it
is
commonly
held
,
that
she
is
risen
,
it
is
more
reasonable
to
hold
the
same
;
but
if
any
man
doe
affirme
the
contrary
,
wee
doe
not
repugne
.
all
Ecclesiasticall
Decrees
which
are
made
for
the
whole
Church
touching
manners
,
are
founded
vpon
assured
grounds
,
and
none
vpon
probable
opinions
,
And
now
hauing
confuted
all
that
which
I
find
in
the
of
his
answere
,
concerning
the
Councell
of
I
will
returne
to
examine
the
rest
of
his
text
in
his
from
the
which
I
haue
beene
a
while
diuerted
,
by
his
remission
of
his
to
the
said
Thus
thou
concludeth
in
his
concerning
as
well
the
Councell
of
as
my
whole
Discourse
Priusquam
igitur
aliquis
clare
demonstrauerit
,
&c.
Therefore
before
some
one
shall
cleerely
demonstrate
(
I
doe
not
say
,
shall
onely
shew
probably
)
that
the
answeres
,
which
I
haue
giuen
to
the
Councell
of
Lateran
,
are
altogether
improbable
,
no
effectuall
argument
can
be
deduced
from
that
Councell
,
whereby
it
may
certainly
,
and
euidently
be
prooued
,
that
it
is
so
certaine
,
that
the
Pope
hath
power
to
depose
Princes
,
that
the
contrary
may
not
be
defended
by
Catholikes
without
the
note
of
heresie
,
errour
,
or
temeritie
.
And
this
for
the
present
may
suffice
to
confute
this
Authours
more
prolixe
,
then
solide
discourse
;
for
I
will
perhaps
in
another
place
more
exactly
examine
,
of
what
small
force
or
moment
are
euery
one
of
his
arguments
.
Thus
saith
for
the
vpshot
of
his
answeres
to
me
,
wherein
we
may
obserue
these
points
following
.
whereas
he
exacteth
,
as
you
see
,
some
that
his
answeres
to
the
Councell
of
are
altogether
I
hope
,
he
,
or
at
least
the
indifferent
may
rest
satisfied
therein
,
seeing
that
I
haue
made
it
cleere
that
his
to
the
said
are
not
onely
but
also
and
sometimes
as
being
wholly
to
the
matter
,
or
else
preiudiciall
to
himselfe
.
whereas
he
saith
I
may
now
conclude
,
that
seeing
I
haue
performed
as
much
as
he
requireth
in
that
behalfe
(
hauing
euidently
shewed
the
of
his
answeres
)
hee
cannot
deny
,
but
that
our
arguments
deduced
from
that
are
effectuall
to
prooue
our
intent
,
and
that
to
shew
that
neither
,
he
,
nor
any
Catholike
can
auoid
the
aspersion
and
note
of
if
he
perscuere
obstinately
to
impugne
,
or
deny
the
power
to
depose
seeing
that
the
practise
of
that
power
is
most
cleerely
decreed
,
and
the
veritie
of
the
doctrine
necessarily
included
and
supposed
in
the
Decree
.
whereas
that
which
he
hath
said
to
so
little
purpose
,
as
you
haue
seene
,
seemeth
to
him
sufficient
to
ouerthrow
my
whole
discourse
(
which
he
termeth
more
prolixe
then
solid
)
I
remit
the
solidity
,
as
well
of
my
Discourse
,
as
of
his
answeres
,
to
the
iudgement
of
the
indifferent
who
may
easily
iudge
of
both
by
that
which
hath
beene
heere
debated
b●twixt
vs
,
seeing
that
of
all
his
answeres
,
arguments
,
and
obiections
,
no
one
hath
appeared
to
be
of
any
weight
,
worth
,
or
probability
.
And
truely
I
doe
not
maruale
,
that
my
Discourse
seemed
prolixe
,
yea
very
teadious
to
him
,
considering
the
little
pleasure
or
gift
that
he
could
take
therein
;
for
a
short
way
seemeth
long
,
to
such
as
passe
it
with
difficulty
,
and
disgust
,
finding
where
to
stumble
,
or
fall
at
euery
step
.
whereas
he
promiseth
(
though
with
a
perhaps
)
to
examine
elsewhere
euery
particular
argument
in
my
hee
may
doe
well
for
his
Reputation
,
to
make
good
that
which
hee
hath
said
already
,
least
such
as
shall
haue
read
this
my
and
seene
therein
how
he
hath
trifled
hitherto
,
may
care
little
to
read
what
hee
shall
write
heereafter
;
but
if
he
list
to
take
the
paines
to
performe
his
promise
,
I
hope
he
shall
reape
as
little
credit
and
contentment
thereby
,
as
he
is
like
to
doe
by
these
his
former
labours
;
for
how
weake
soeuer
and
insufficient
I
may
be
to
encounter
such
a
who
dare
alone
oppose
himselfe
to
the
whole
army
of
yet
I
doubt
not
,
but
he
shall
finde
,
that
and
that
the
further
he
wadeth
in
this
matter
,
the
more
hee
shall
ingulfe
himselfe
in
a
sea
of
absurdities
;
In
the
meane
time
I
hope
thou
hast
noted
,
that
he
hath
not
beene
able
to
disp●ooue
any
one
thing
in
these
two
Chapters
of
my
which
he
impugneth
,
and
that
in
examining
his
answeres
thereto
,
I
haue
sufficiently
ouerthrowne
the
grounds
of
his
Doctrine
,
and
shewed
his
vanity
,
and
folly
diuers
wayes
.
For
I
haue
&c.
Fitzherberts
three
first
improbable
,
absurd
,
malicious
,
fond
,
foolish
,
impertinent
,
two
first
it
was
more
prolixe
,
then
solid
,
D.
Schulcknius
improbable
,
absurd
,
impertinent
,
fond
,
foolish
ridiculous
&c.
Schulckenius
,
Suarez
supreme
Pastour
declaratiue
precept
Theologicall
Disputation
for
that
it
containeth
in
it
many
things
,
which
are
clearely
repugnant
to
the
faith
and
saluation
,
English
Catholikes
Romane
Diuines
as
yet
not
decided
by
the
Iudge
,
in
●ronico
M.
Fitzherberts
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
,
Aduersarie
T.F.
fraudulent
,
malicious
,
impertinent
,
absurd
foolish
,
fond
,
ridiculous
,
erroneous
,
last
Chapter
Roman
Catholike
Catholike
Roman
Church
it
is
euident
,
that
this
is
onely
of
purpose
to
deceiue
the
no
zealous
can
take
me
for
any
other
then
an
heretike
disguised
,
and
masked
vnder
the
vizard
of
a
Hauing
now
answered
my
Aduersarie
touching
that
which
any
way
concerneth
me
,
either
in
his
before
his
or
else
in
those
other
workes
of
his
,
whereto
hee
remitteth
his
for
their
further
satisfaction
,
I
haue
tought
it
conuenient
(
good
to
addresse
this
last
only
to
thee
,
to
admonish
thee
to
take
heed
that
thou
be
not
seduced
with
his
pretence
to
be
a
or
with
the
dedication
of
his
booke
to
his
and
his
submission
thereof
to
the
iudgement
of
the
whereby
hee
professeth
,
that
if
by
ignorance
hee
haue
failed
in
any
thing
,
which
the
doth
not
approoue
,
he
doth
also
let
not
this
I
say
seduce
thee
,
or
mooue
thee
to
thinke
that
he
teacheth
doctrine
concerning
the
matter
now
in
question
,
seeing
that
it
is
euident
,
that
all
this
is
but
a
false
luster
and
glosse
cast
vpon
his
counterfeite
ware
,
of
purpose
to
deceiue
thee
.
Catholike
Romane
Church
Catholike
Romane
Church
Catholike
Romane
Church
it
is
euident
that
all
this
is
but
a
false
luster
,
and
glosse
cast
vpon
my
counterfait
ware
of
purpose
to
deceiue
the
Reader
,
that
I
am
an
hereticke
disguised
,
and
masked
vnder
the
vizard
of
a
that
all
my
pretences
to
bee
a
and
my
submission
to
the
proceeds
from
no
other
ground
,
but
from
a
deepe
dissimulation
,
or
rather
an
artificiall
,
and
execrable
hypocrisie
to
delude
and
deceiue
For
if
so
much
respect
and
reuerence
his
and
the
as
he
pretendeth
,
how
chanceth
it
,
that
vtterly
reiecteth
three
of
his
vpon
no
better
ground
and
reason
,
but
because
his
hath
beene
ill
informed
of
the
matter
,
and
consequently
deceiued
and
absurd
?
Popes
Holinesse
Sea
Apostolike
Romane
Church
Catholike
Romane
Church
Sea
Apostolike
Roman
Church
Sea
Apostolike
Matthew
Paris
which
is
hatefull
to
our
Sauiour
,
detestable
,
abhominable
,
and
very
pernicious
to
mankind
hee
Sea
Apostolike
can
command
no
such
detestable
thing
Roman
Church
Roman
Catholikes
Popes
Holinesse
Roman
Church
Catholike
Roman
Church
orbis
maior
est
vrbe
,
if
authoritie
bee
demanded
,
or
sought
for
the
world
is
greater
then
a
Citie
,
Heere
is
an
argument
,
that
the
of
a
Councell
doe
preiudicate
,
or
goe
before
the
Decree
,
if
they
contradict
it
.
Holinesse
declaratiue
Soueraigne
Lord
that
it
containeth
in
it
many
things
flat
contrarie
to
faith
and
saluation
,
Theological
Disputation
Holinesse
Breues
declaratiue
commandement
declaratiue
precept
for
that
therein
are
contained
many
things
which
are
manifestly
repugnant
to
faith
and
saluation
,
many
things
manifestly
repugnant
to
faith
and
saluation
,
Maiesties
Apologie
his
Holinesse
many
things
manifestly
repugnant
to
faith
and
saluation
,
Bellarmine
,
Gretzer
,
Lessius
or
else
by
those
many
things
manifestly
repugnant
to
faith
and
saluation
hee
vnderstood
his
power
to
depose
as
yet
not
decided
by
the
Iudge
.
it
is
a
controuersie
among
the
Schoole-men
,
1106.
Almain
and
as
yet
not
decided
by
the
Iudge
whether
the
hath
power
to
depose
the
or
no
very
many
most
Doctours
Ecclesiasticall
power
by
the
institution
of
doeth
not
extend
to
the
inflicting
of
temporall
punishments
,
as
death
,
exile
,
imprisonment
,
priuation
of
goods
,
but
onely
of
spirituall
Censures
English
,
Catholikes
declaratiue
precept
Epistle
Dedicatorie
(
most
holy
Father
Lay
Catholikes
meere
declaratiue
precept
Fr.
Suarez
for
that
it
containeth
many
things
which
are
plainly
repugnant
to
faith
,
and
saluation
Holinesse
declaratiue
commaundement
Sea
Apostolike
Theologicall
Disputation
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
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
.
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
.
Holinesse
Breues
English
Catholikes
declaratiue
precept
Holines
Breues
supreame
Pastour
Si
quando
aliqua
tuae
fraternitati
If
at
any
time
Pope
,
we
direct
any
thing
to
thy
brotherhoode
,
which
doth
seeme
to
exasperate
thy
mind
,
thou
oughtest
not
to
be
troubled
,
&c
Considering
d●ligently
the
quality
of
the
matter
,
for
which
we
write
vnto
thee
,
either
reuerently
fulfill
our
commaundement
,
or
by
thy
letters
shew
a
reasonable
cause
wherefore
thou
mayest
not
fulfill
it
;
for
wee
will
suffer
patiently
,
if
thou
doe
not
that
which
was
suggested
vnto
vs
by
bad
insinuation
,
or
information
.
Dominicus
Sotus
Prelates
and
Iudges
are
not
in
possession
in
respect
of
their
subiects
,
vnlesse
for
as
much
as
they
command
lawfull
things
,
and
therefore
when
it
is
doubtfully
,
whether
they
commaund
a
lawfull
thing
,
then
if
it
be
in
preiudice
of
a
third
person
,
because
that
third
person
is
also
in
possession
of
his
fame
&
goods
,
the
subiect
must
incline
to
that
part
where
there
is
the
lesse
danger
.
Neither
are
Prelates
,
who
command
nothing
,
whereby
is
feared
any
danger
,
to
Religion
,
or
the
Common-wealth
,
or
to
a
third
person
bound
to
render
a
reason
;
but
simply
they
must
bee
obeyed
also
in
doubts
,
as
it
hath
beene
said
before
,
because
then
there
is
no
danger
,
if
it
be
presumed
that
the
Iudge
commandeth
iustly
:
But
when
such
a
danger
to
Relegion
,
or
to
the
Common-wealth
,
or
to
a
third
person
,
is
at
hand
,
then
if
the
Subiect
doubt
,
he
doth
not
against
obedience
,
if
he
require
of
his
Prelate
a
reason
of
his
commandement
,
propounding
humbly
the
reason
of
his
doubt
.
Holinesse
Breues
Catholike
Subiects
English
Catholikes
supreame
Pastour
two
reasons
declaratiue
precept
first
reason
lesse
principall
Holinesse
was
by
all
likelihood
misinformed
of
the
true
sense
of
the
Oath
,
by
Cardinall
and
other
Diuines
of
and
consequently
deceiued
,
and
abused
by
them
.
For
can
any
man
with
reason
perswade
himselfe
,
that
in
such
an
important
matter
,
as
is
this
of
the
Oath
,
so
famous
(
or
rather
to
say
truely
,
so
infamous
)
throughout
Christendome
,
so
preiudiciall
to
the
so
dangerous
and
burdensome
to
the
consciences
of
and
so
pernicious
to
their
temporall
states
(
as
the
world
knoweth
it
to
be
)
can
any
man
,
I
say
,
with
reason
imagine
,
that
his
did
not
at
the
very
first
,
(
before
hee
published
his
first
see
the
Oath
it selfe
,
maturely
weigh
and
ponder
it
,
yea
and
sufficiently
informe
himselfe
,
of
all
circumstances
necessary
to
the
publication
of
his
and
iudiciall
sentence
?
this
truely
cannot
be
imagined
of
his
by
any
charitable
Catholike
Romane
Sea
Maiesties
Apologie
notwithstanding
any
sentence
of
Excommunication
first
Breue
first
Breue
first
booke
[
notwithstanding
any
sententence
of
Excommunication
,
&c.
]
And
howsoeuer
my
Aduersary
or
any
other
,
might
be
so
temerarious
,
to
haue
that
conceit
at
the
first
,
yet
hee
could
not
without
great
malice
persist
in
that
opinion
,
after
the
publication
of
the
second
wherein
his
acknowledgeth
,
and
auoweth
,
that
the
former
and
that
therefore
This
being
so
,
(
according
to
my
owne
relation
)
it
is
most
euident
,
that
his
had
taken
sufficient
information
of
the
whole
matter
,
and
all
the
circumstances
thereof
,
euen
before
he
published
his
first
and
therefore
affirming
the
contrary
cannot
haue
that
opinion
,
which
a
charitable
and
pious
ought
to
haue
,
either
of
the
wisedome
,
and
pietie
of
his
or
of
the
authoritie
and
veritie
of
his
but
doth
in
effect
charge
him
to
haue
lyed
manifestly
in
his
second
when
hee
testified
that
hee
made
the
first
,
with
as
you
haue
heard
second
Breue
that
it
was
reported
vnto
him
that
some
heere
did
say
,
that
his
letters
or
dated
the
of
October
concerning
the
forbidding
of
the
Oath
were
not
written
according
to
his
owne
mind
,
and
his
owne
proper
will
,
but
rather
for
the
respect
,
and
at
the
instigation
of
others
,
for
which
cause
they
went
about
to
perswade
others
,
that
his
commaundements
in
the
said
letters
were
not
to
be
regarded
,
I
gaue
this
answere
,
n
n
Dis.
Theol.
c.
10
sec.
2.
nu.
59.
which
my
fraudulent
Aduersary
altogether
concealeth
.
In
the
second
Breue
which
was
dated
the
first
of
September
1607.
it
is
onely
declared
,
that
the
former
letters
of
his
Holinesse
,
(
wherein
he
strictly
commanded
English
Catholikes
that
they
should
in
no
wise
take
the
said
Oath
)
were
not
false
and
surreptitious
,
but
written
,
not
onely
vpon
his
certaine
knowledge
,
and
by
his
owne
proper
motion
and
will
(
by
which
words
neuerthelesse
he
doth
not
intend
to
denie
that
he
in
writing
them
,
vsed
the
aduise
,
and
opinion
of
others
)
but
also
after
long
and
graue
deliberation
had
concerning
all
the
things
which
are
contained
in
them
,
and
that
therefore
they
were
bound
to
obserue
them
exactly
,
setting
aside
all
interpretation
,
which
may
perswade
to
the
contrarie
.
Which
last
words
are
so
to
be
vnderstood
,
that
there
must
be
made
no
friuolous
interpretation
of
those
letters
,
or
no
such
interpretation
,
which
should
make
any
man
to
think
,
or
make
any
doubt
,
that
they
were
not
written
with
his
Holinesse
knowledge
and
priuity
,
and
by
his
owne
proper
will
.
Salas
disp.
21.
de
Leg.
sec.
2.
Sa
in
Aphoris
.
verbo
Interpretatio
nu.
5.
For
as
Ioannes
Salas
,
and
Emanuell
Sa
,
both
of
them
Diuines
of
the
Society
of
Iesus
,
doe
well
obserue
,
It
is
lawfull
for
Doctours
to
interprete
all
lawes
,
not
indeed
by
a
necessarie
publike
,
or
iuridical
,
but
a
priuate
and
not
binding
interpretation
,
although
the
Prince
should
say
,
that
it
should
be
lawfull
for
no
man
to
interprete
otherwise
this
our
writing
,
for
then
he
onely
forbiddeth
friuolous
interpretations
,
and
which
are
expressely
contrary
to
his
mind
.
Which
their
doctrine
is
with
far
greater
reason
to
be
vnderstood
of
the
Popes
declaratiue
precept
,
which
is
only
grounded
vpon
presumption
,
and
vpon
his
owne
opinion
,
and
priuate
iudgement
,
wherby
he
perswadeth
himselfe
,
that
the
thing
which
he
forbiddeth
is
otherwise
vnlawfull
,
as
being
forbidden
by
some
former
law
,
whose
opinion
and
also
declaratiue
commaundement
grounded
onely
vpon
his
opinion
,
when
it
is
against
the
probable
doctrine
of
other
Catholike
Diuines
,
may
not
onely
be
interpreted
,
but
also
contradicted
,
as
I
shewed
before
out
of
the
doctrine
of
Suarez
.
Seeing
therefore
that
this
second
Breue
is
onely
an
approouing
and
confirming
of
the
former
,
it
can
haue
no
more
force
to
bind
then
the
former
hath
,
for
confirming
whereof
it
was
written
by
his
Holinesse
.
first
Breue
first
Breue
not
written
vpon
his
owne
certaine
knowledge
,
motion
and
will
,
and
after
long
and
graue
deliberation
long
and
graue
deliberation
first
Breue
truely
probable
declaratiue
precept
first
Breue
Theologicall
Disputation
that
the
testified
that
he
made
the
first
with
mature
deliberation
and
certaine
knowledge
first
Breue
mature
deliberation
certaine
knowledge
many
things
were
contained
in
the
Oath
flat
contrary
to
faith
and
saluation
,
first
Breue
[
certaine
knowledge
second
Breue
[
long
and
graue
deliberation
&c.
]
certaine
knowledge
graue
deliberation
in
effect
charge
his
to
haue
lied
manifestly
in
his
when
he
testified
that
he
made
the
with
such
mature
deliberation
and
certaine
knowledge
,
as
you
haue
heard
.
second
Breue
vpon
his
certain
knowledge
,
motion
,
will
,
and
after
long
and
graue
deliberation
had
,
concerning
all
things
contained
therein
:
loose
&c.
Maiesties
Apologie
Theologicall
Disputation
second
Breue
And
if
the
did
not
suffice
to
cleare
his
of
this
imputation
,
yet
his
must
be
aboundantly
sufficient
to
doe
it
in
the
opinion
of
any
reasonable
man
,
seeing
that
he
confirmed
thereby
his
former
iudgement
,
giuing
expresse
order
,
and
facultie
to
Master
the
late
himselfe
also
signifieth
to
punish
by
the
depriuation
of
faculties
all
such
English
of
the
as
being
subiect
to
his
iurisdiction
had
already
taken
the
Oath
,
or
had
taught
,
or
did
still
teach
it
to
be
lawfull
,
and
not
abstaine
from
the
same
,
and
resorme
their
errour
vpon
due
admonition
giuen
them
,
and
within
a
certaine
time
to
be
prescribed
vnto
them
;
whereby
,
I
say
any
reasonable
man
must
needes
be
induced
to
thinke
,
that
his
neither
was
nor
could
be
all
this
time
(
which
was
more
then
two
yeeres
)
ignorant
of
the
true
nature
,
and
qualitie
of
the
and
of
the
state
of
the
question
betwixt
the
and
their
especially
seeing
that
now
he
began
to
draw
his
proceeding
to
the
punishment
of
such
as
did
take
,
or
defend
the
which
he
could
not
lawfully
doe
without
due
consideration
,
and
diligent
discussion
of
the
whole
controuersie
,
and
sufficient
information
of
all
the
circumstances
thereof
,
that
if
the
be
not
sufficient
to
cleare
his
of
this
imputation
,
yet
his
third
must
needs
be
aboundantly
sufficient
to
doe
it
.
first
Breue
long
deliberation
first
Breue
first
Breue
third
Breue
Aduersarie
,
lawfully
doe
without
due
consideration
,
and
diligent
discussion
of
the
whole
controuersie
,
and
sufficient
information
of
all
the
circumstances
thereof
,
therefore
his
neither
was
,
nor
could
all
this
time
(
which
was
more
then
two
yeeres
)
be
ignorant
of
the
nature
and
qualitie
of
the
Oath
,
first
Breue
sufficient
information
&c.
sufficiently
informe
himselfe
&c.
Canus
,
Christ
two
first
English
Catholikes
in
customes
,
lawes
,
or
decrees
,
which
are
not
common
to
the
whole
Church
,
but
are
referred
to
priuate
persons
,
or
Churches
not
onely
the
but
also
the
may
erre
and
be
deceiued
through
ignorance
;
I
say
,
Canus
,
not
onely
in
her
iudgement
of
facts
,
or
things
done
but
also
in
her
priuate
precepts
and
lawes
themselues
:
the
iudgement
of
is
alwaies
grounded
vpon
truth
,
which
neither
deceiueth
,
nor
is
deceiued
,
yet
the
iudgement
of
the
Church
is
now
and
then
led
by
opinion
,
which
oftentimes
doth
deceiue
,
and
is
deceiued
,
third
Breue
first
Breue
first
Breue
sufficiently
informed
sufficiently
informed
sufficiently
informed
Generall
Councell
Cardinall
Peron
Nicolas
Fitzherbert
English
Catholikes
first
Breue
English
Catholikes
truely
and
certainely
[
notwithstanding
any
sentence
of
Excommunication
,
&c.
]
Theologicall
Disputation
Therefore
he
that
thinketh
otherwise
of
his
doth
affirming
that
his
were
grounded
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
maketh
of
his
and
his
authoritie
notwithstanding
his
submission
of
his
writings
to
the
two
answeres
Holinesse
Breues
[
light
foundations
,
and
false
informations
.
]
Holinesse
Breue
Holinesse
was
misinformed
which
he
wholly
dissembleth
)
was
,
that
if
his
Holinesse
Breue
Catholike
Roman
Church
Holinesse
Breues
it
containeth
many
things
flat
contrarie
to
faith
,
and
saluation
,
false
informations
to
bee
the
most
carelesse
and
negligent
Pastours
,
that
euer
gouerned
the
Church
of
God
.
whosoeuer
affirmeth
,
that
his
were
grounded
vpon
light
,
or
vncertaine
must
needes
hold
him
to
bee
the
most
carelesse
and
negligent
Pastour
that
euer
gouerned
the
Church
of
God
for
which
cause
Innocent
,
it
happeneth
sometimes
,
that
hee
who
is
bound
before
is
not
bound
before
the
and
he
that
is
free
before
is
bound
by
a
Censure
of
the
what
account
maketh
of
these
Popes
,
holding
them
,
to
bee
the
most
carelesse
and
negligent
Pastours
that
euer
gouerned
the
Church
of
God
.
Holinesse
Breues
Kings
Maiestie
And
whereas
that
his
was
deceiued
by
Cardinall
and
Fa.
hee
sheweth
himselfe
very
vaine
and
absurd
in
this
coniecture
.
For
how
can
any
man
perswade
himselfe
with
reason
,
that
his
meaning
to
giue
his
sentence
in
a
matter
of
so
great
importance
,
as
was
this
of
the
which
sentence
hee
was
well
assured
should
be
skanned
and
censured
to
the
vttermost
by
all
the
of
Christendome
)
would
suffer
himselfe
to
bee
led
or
guided
by
any
two
,
three
,
or
few
persons
,
were
they
neuer
so
learned
,
or
well
steemed
of
him
?
Besides
that
,
it
is
euident
to
all
those
that
know
how
that
matter
passed
,
that
it
was
long
debated
in
certaine
Congregations
of
Cardinalls
,
and
other
great
Diuines
,
wherein
Cardinall
had
onely
but
one
voice
,
as
other
Cardinalls
had
,
and
Fa.
none
at
all
,
for
that
hee
did
not
enter
therein
.
good
Reader
Holinesse
Breues
Epistle
Dedicatorie
I
also
ioyned
the
other
Diuines
of
Rome
.
It
is
probable
,
said
I
,
y
y
Disp.
Theo.
c.
10.
s
.
2.
nu.
51.
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
Card.
Bellar.
&c.
about
some
foure
or
fiue
months
agoe
it
was
consulted
by
seuen
or
eight
of
the
learnedst
Diuines
that
could
be
chosen
,
who
gaue
their
iudgement
of
it
.
There
reasons
ar
many
,
but
all
deduced
to
this
,
that
the
authoritie
in
chastising
vpon
a
iust
cause
is
and
consequently
cannot
bee
denyed
,
when
it
is
called
into
controuersie
,
without
denying
of
our
faith
,
nor
that
the
or
any
other
authoritie
can
dispence
in
this
.
in
a
matter
of
so
great
importance
as
was
this
of
the
Oath
,
&c.
would
suffer
himselfe
to
bee
led
or
guided
any
two
,
or
three
,
or
a
few
persons
,
&c.
Priest
Esquire
T.
F.
Whereto
I
also
adde
7.
8.
9.
52.
53.
contradicteth
,
and
ouerthroweeh
his
owne
calumnie
,
touching
with
a
relation
which
hee
maketh
to
iustifie
it
,
in
his
wherein
hee
layeth
downe
the
contents
of
a
letter
written
by
Fa.
to
a
freind
of
his
in
signifying
that
a
consultation
had
beene
made
by
seauen
or
eight
of
the
best
about
the
and
that
hee
himselfe
had
conferred
twice
with
his
touching
the
same
,
and
that
in
the
first
conference
hee
and
propounded
to
his
a
certaine
meane
of
mitigation
,
or
moderation
,
suggested
by
friends
,
to
the
which
his
that
his
meaning
was
not
to
proceed
to
Censures
against
his
Maiestie
,
but
rather
to
vse
all
gentle
and
milde
proceeding
with
him
;
but
as
for
the
authority
of
the
Sea
Apostolike
,
in
such
affaires
,
hee
was
fully
resolued
rather
to
suffer
death
,
then
to
yeeld
one
iot
therein
.
And
in
the
other
conference
,
his
Holinesse
being
aduertised
that
certaine
Priests
did
incline
to
the
taking
of
the
Oath
,
answered
,
that
hee
could
not
take
such
for
Catholikes
.
Thus
doth
related
Fa.
letters
touching
his
conference
with
his
before
the
first
was
sent
into
whereby
it
is
manifest
that
Fa.
was
so
farre
from
perswading
or
drawing
his
to
the
resolution
which
he
tooke
concerning
the
publication
of
his
that
hee
sought
to
induce
him
to
some
other
course
,
propounding
meanes
of
which
indeede
I
can
testifie
to
be
true
vpon
my
owne
knowledge
,
as
it
may
appeare
by
my
subscription
to
that
letter
of
Fa.
mentioneth
,
if
the
originall
bee
yet
extant
.
And
therefore
to
the
end
that
thou
maiest
,
know
somewhat
more
of
this
matter
,
and
vpon
what
occasion
his
spake
of
against
his
thou
shalt
vnderstand
,
that
among
other
things
tending
to
the
propounded
,
one
was
,
that
it
might
please
his
to
offer
to
his
that
if
his
would
vse
at
least
some
conniuencie
,
and
moderation
towards
the
poore
afflicted
his
subiects
,
his
would
giue
sufficient
assurance
by
meanes
of
that
hee
would
neuer
proceede
with
against
him
,
but
binde
his
said
subiects
vnder
the
paine
of
grieuous
to
yeeld
vnto
his
all
temporall
and
ciuill
obedience
,
for
the
security
of
his
state
and
person
;
which
motion
his
seemed
not
to
mislike
,
and
therefore
signified
,
that
the
same
was
conforme
to
his
intention
,
which
was
not
to
proceed
to
the
rigour
of
against
his
but
to
vse
all
indulgent
and
courteous
dealing
towards
him
,
albeit
he
was
resolued
rather
to
lose
his
head
,
then
to
yeeld
any
iot
of
his
authority
in
such
affaires
.
second
answere
is
probable
,
and
in
my
iudgement
morally
certaine
,
that
his
vnderstood
the
words
of
the
in
that
sense
wherein
the
Diuines
of
and
especially
Cardinall
(
for
the
reason
I
there
alleadged
)
did
conceiue
them
.
But
Cardinall
vnderstood
the
in
that
sense
,
as
though
it
denied
the
primacie
in
spiritualls
,
his
power
to
excommunicate
,
to
binde
and
lose
,
and
to
dispence
in
oaths
:
Maiesties
Apologie
Popes
power
to
excommunicate
hereticall
Kings
is
plainely
denied
in
the
Oath
,
Moreouer
,
that
his
Holinesse
was
perswaded
,
that
in
this
oath
is
denied
his
spirituall
authority
to
inflict
Censures
,
is
plainely
gathered
by
a
letter
of
Fa.
Parsons
,
who
did
greatly
vrge
and
sollicite
his
Holinesse
to
send
hither
his
Breues
,
as
both
some
Iesuites
here
with
vs
doe
freely
confesse
,
and
also
no
man
who
knoweth
how
our
English
affaires
were
carried
at
Rome
in
his
daies
,
can
make
any
doubt
thereof
.
This
therefore
is
the
true
copie
of
that
letter
,
&c.
About
some
foure
o
fiue
moneths
agoe
,
it
was
consulted
by
seauen
or
eight
of
the
learnedst
Diuines
,
that
could
bee
chosen
,
who
gaue
their
iudgement
of
it
.
Their
reasons
are
many
,
but
all
reduced
to
this
,
that
the
Popes
authority
in
chastising
Princes
vpon
a
iust
cause
is
de
fide
,
and
consequently
cannot
bee
denied
when
it
is
called
into
controuersie
without
denying
of
our
faith
,
nor
that
the
Pope
,
or
any
other
authoritie
can
dispense
in
this
,
&c.
as
I
shewed
in
that
place
,
d
d
Num.
57.
they
had
argued
very
vitiously
against
the
knowne
rules
of
Logicke
,
from
a
particular
,
to
inferre
an
vniuersall
,
as
thus
;
The
Pope
cannot
chastice
Princes
by
taking
away
their
liues
,
or
dominions
,
therefore
the
Pope
cannot
chastise
Princes
;
as
though
the
inflicting
of
spirituall
Censures
,
and
the
denouncing
of
anathema
,
Aug.
lib.
1.
contra
aduers
.
leg
.
&
prophet
.
cap.
7.
which
according
to
Saint
Augustine
,
is
more
horrible
then
any
corporall
death
,
were
not
to
be
accounted
a
chasticing
of
Princes
.
We
grant
therefore
,
that
the
Pope
may
chastice
Princes
,
by
vsing
Ecclesiasticall
Censures
,
which
is
not
denied
in
the
oath
,
but
we
vtterly
deny
,
that
to
depriue
Princes
of
their
dominions
,
or
liues
are
to
be
ranked
among
spirituall
,
or
Ecclesiasticall
Censures
.
first
part
Nicholas
Fitzherbert
Epistle
Dedicatory
Breue
,
for
that
it
containeth
many
things
,
which
are
manifestly
repugnant
to
faith
and
saluation
,
he
could
not
hold
them
for
Catholikes
,
who
seemed
to
incline
to
the
taking
of
the
oath
,
very
many
Catholike
Doctours
Iacobus
Almaine
that
the
authoritie
of
the
doth
not
extend
,
by
the
institution
of
to
the
inflicting
of
temporall
punishments
,
as
death
,
exile
,
imprisonment
,
priuation
of
goods
,
but
onely
of
spirituall
Censures
Holinesse
,
that
he
could
not
take
those
Priests
for
Catholikes
,
that
inclined
to
the
taking
of
the
oath
,
depose
Princes
that
hee
can
testifie
vpon
his
owne
knowledge
,
that
Fa.
was
so
farre
from
perswading
,
or
drawing
his
to
the
resolution
,
which
hee
tooke
concerning
the
publication
of
his
that
he
sought
to
induce
him
to
some
other
course
,
propounding
meanes
of
mitigation
,
&c.
Sea
Apostolike
&c.
This
being
so
I
cannot
omit
vpon
this
occasion
to
desire
thee
,
to
note
the
improbable
and
impertinent
inference
,
which
maketh
vpon
this
answere
of
his
for
he
inferreth
thereupon
that
his
did
condemne
the
by
his
and
held
them
for
no
who
inclined
to
take
it
,
because
he
was
perswaded
that
his
authoritie
to
proceed
with
Censures
against
the
and
consequently
his
spirituall
authoritie
was
denied
thereby
;
and
then
he
concludeth
,
that
if
his
was
moued
to
condemne
it
for
that
cause
by
the
instigation
of
Cardinall
and
those
seuen
or
eight
Diuines
(
mentioned
in
the
letter
aboue
said
saith
he
Sea
Apostolike
first
part
first
part
Mr.
Fitzherbert
doth
fraudulently
conceale
,
I
concluded
,
that
Cardinal
Bellarmine
,
Fa.
Parsons
,
&
the
other
Diuines
of
Rome
vsing
such
sophisticall
inferences
Maiestie
&c.
Excommunicate
Kings
and
to
binde
and
loose
in
generall
is
denied
in
the
Oath
)
vsing
I
say
such
sophisticall
inferences
to
prooue
,
that
in
the
Oath
are
contained
many
things
flat
contrary
to
faith
and
saluation
,
were
very
grossely
mistaken
.
And
if
his
Holinesse
trusting
to
the
learning
and
honestie
of
these
men
was
moued
to
condemne
the
Oath
for
that
cause
by
the
instigation
of
them
(
as
by
all
probable
coniectures
or
rather
by
morall
certainties
he
was
,
as
I
conuinced
before
)
it
is
,
alas
,
too
too
manifest
,
that
he
was
deluded
to
the
great
ignominie
of
the
Sea
Apostolike
,
the
grieuous
scandall
of
Protestants
,
and
to
the
vtter
temporall
ruine
of
very
many
Catholikes
.
Wherein
I
wish
to
be
noted
,
vpon
what
a
weake
ground
reiecteth
the
seeing
that
he
relyeth
onely
vpon
his
bare
opinion
,
that
the
was
ill
informed
and
deluded
by
others
,
which
he
laboureth
seriously
Ibid.
nu.
to
perswade
his
Reader
to
bee
very
probable
,
although
it
is
so
coniecturall
,
and
vncertaine
,
that
he
is
faine
to
conclude
,
all
as
you
heard
with
an
if
,
or
a
peraduenture
:
so
as
if
the
was
not
mooued
vnto
it
by
the
instigation
of
those
whom
he
nameth
,
he
concludeth
,
or
prooueth
nothing
but
his
owne
impudencie
and
temeritie
in
opposing
his
idle
conceipt
and
fantasie
against
the
serious
and
solemne
testimony
,
protesting
in
his
(
as
you
haue
heard
)
that
he
forbadde
the
vpon
his
owne
and
therefore
I
remit
to
the
prudence
,
and
good
conscience
of
any
sincere
Catholike
,
whether
he
will
beleeue
in
this
case
this
mans
vaine
coniecture
,
or
the
solemne
protestation
of
his
it
is
very
probable
,
yea
and
morally
certaine
in
my
iudgement
,
that
his
vnderstood
the
words
of
the
Oath
in
that
sense
,
wherin
the
Diuines
of
and
especially
Cardinall
did
conceiue
them
Bellarmine
who
wrote
in
defence
of
his
did
conceiue
them
in
this
sense
,
that
the
Primacie
in
spiritualls
,
his
power
to
excommunicate
,
to
binde
and
loose
,
and
to
dispence
in
Oathes
,
are
denied
in
the
Oath
:
And
if
his
And
if
his
was
mooued
&c.
as
peraduenture
he
was
,
but
as
it
is
very
probable
,
yea
and
morally
certaine
he
was
,
second
answere
was
morally
certaine
[
if
morally
certaine
[
notwithstanding
any
sentence
of
excommunication
&c.
]
second
Breue
hee
forbade
the
vpon
his
owne
certaine
knowledge
,
motion
and
will
,
after
long
and
graue
deliberation
,
after
long
and
graue
deliberation
although
wee
should
admit
,
that
the
was
deluded
,
and
falsly
perswaded
by
others
,
that
his
spirituall
power
to
inflict
Censures
is
impugned
by
the
gaineth
nothing
thereby
for
the
iustification
of
the
and
the
disproofe
of
his
and
this
I
say
for
reasons
,
the
one
because
it
doth
not
follow
vpon
the
answere
of
his
to
Fa.
that
he
forbade
the
for
that
cause
(
as
any
man
may
easily
see
who
list
to
examine
it
:
)
the
other
reason
is
,
for
that
the
is
forbidden
in
the
expresly
,
because
it
whereby
it
is
euident
,
that
albeit
his
had
beene
falsly
perswaded
,
that
his
spirituall
authoritie
was
impugned
by
the
yet
the
prohibition
of
the
said
in
his
might
bee
iust
,
as
being
grounded
vpon
other
respects
,
seeing
that
the
declareth
it
to
bee
vnlawfull
for
many
causes
,
and
doeth
not
mention
this
for
any
of
them
.
Holinesse
Breues
two
principall
points
exemption
of
temtemporall
from
the
power
to
excommunicate
,
and
depose
them
though
you
should
admit
,
that
the
was
deluded
,
and
falsely
perswaded
by
others
,
that
his
spirituall
power
to
inflict
Censures
is
denyed
by
the
should
gaine
nothing
thereby
,
for
the
iustification
of
the
and
the
disproofe
of
his
it
doth
not
follow
vpon
the
answeres
of
his
to
Fa.
that
he
forbade
the
for
that
cause
first
part
excommunicate
euen
heretical
kings
,
is
plainly
denied
in
the
oath
,
inflict
Censures
depose
Princes
Besides
that
the
answere
of
his
to
Fa.
concerning
the
authority
of
the
for
so
were
the
word
of
Fa.
letter
)
did
not
exclude
the
deposition
of
from
his
spirituall
authority
,
but
necessarily
include
it
,
because
his
said
answere
was
to
be
vnderstood
,
that
is
to
say
,
according
to
the
meaning
and
drift
of
the
which
was
the
speciall
subiect
of
that
Conference
,
and
therefore
,
forasmuch
as
the
power
to
depose
and
to
discharge
subiects
of
their
allegiance
,
is
directly
denyed
by
the
and
that
the
same
is
neuer
effected
,
or
performed
,
but
by
of
some
Censure
of
it
is
manifest
,
that
his
answering
a
demaund
concerning
the
and
speaking
of
the
authoritie
of
the
included
therein
his
power
aswell
to
depose
,
as
to
excommunicate
especially
knowing
well
,
as
he
did
,
that
the
denying
his
power
to
depose
doth
by
a
necessary
consequent
deny
his
spiritual
authority
,
which
includeth
that
power
,
as
I
haue
sufficiently
declared
and
prooued
in
this
Treatise
Chap.
2.
that
as
for
any
actuall
vsing
against
his
he
meat
not
,
but
as
for
the
authority
of
the
Sea
Apostolike
,
in
such
affaires
Fitzherbert
)
he
was
resolued
,
and
would
rather
lose
his
head
,
then
lose
one
iote
.
but
as
for
the
authority
of
the
in
such
affaires
the
authority
of
the
in
such
affaires
inflict
Censures
depose
Princes
power
to
depose
and
to
discharge
subiects
from
their
allegiance
,
is
neuer
effected
or
performed
,
but
by
vertue
of
some
censure
of
Excommunication
,
it
is
one
thing
to
excommunicate
a
King
,
and
another
to
depose
,
or
depriue
him
of
his
kingdome
:
neither
is
the
one
necessarily
connexed
with
the
other
.
Many
Kings
and
Emperours
haue
beene
excommunicated
,
and
not
therefore
deposed
,
and
contrariwise
many
deposed
,
and
not
therefore
excommunicated
.
2.
131.
Excommunication
being
only
a
spirituall
Censure
hath
not
vertue
to
worke
this
temporall
effect
.
Whereupon
it
followeth
that
albeit
his
had
beene
perswaded
by
Cardinall
and
others
that
the
Oath
denying
the
power
to
depose
impugned
his
spirituall
authority
,
he
had
not
beene
deluded
or
deceiued
therein
,
nor
had
erred
in
the
reason
why
hee
forbade
the
though
he
had
forbidden
it
for
that
cause
onely
,
as
it
is
euident
by
the
he
did
not
,
but
for
many
respects
.
And
therefore
thou
seest
,
what
probable
exceptions
this
silly
,
sicke
,
and
scabbed
sheepe
taketh
to
the
iudgement
and
sentence
of
his
and
what
account
hee
maketh
of
his
and
consequently
what
a
good
Catholike
hee
is
.
excommunicate
Princes
inflict
spirituall
Censures
excommunicate
Princes
inflict
spirituall
Censures
Holinesse
declaratiue
precept
To
this
purpose
it
is
to
bee
noted
how
peremptorily
and
arrogantly
hee
writeth
to
his
saying
,
that
Wherein
you
see
,
hee
doth
not
promise
his
to
retract
or
reforme
his
writings
and
doctrine
in
case
that
hee
doe
condemne
them
,
but
anticipateth
the
iudgement
of
his
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
(
as
may
well
bee
coniectured
)
some
generall
whereto
he
meaneth
to
appeale
&
cap.
and
therfore
he
teacheth
afterwards
that
it
is
a
probable
opinion
that
the
may
erre
in
any
definition
of
his
,
if
it
bee
not
approoued
by
a
generall
so
as
he
sheweth
euidently
what
starting
hole
he
hath
found
alreadie
to
escape
away
from
the
Censures
of
the
to
wit
,
by
appealing
from
the
to
a
generall
as
that
miserable
man
his
fellow
did
,
&
all
Apostataes
and
heretikes
are
wont
to
doe
at
their
first
breach
,
and
disunion
from
the
no
good
Catholike
,
but
an
heretike
disguised
,
and
masked
vnder
the
vizard
of
a
Catholike
,
great
controuersie
which
euer
hath
beene
Fa.
Azor
,
betwixt
the
on
the
one
side
,
and
on
the
other
touching
the
power
to
depriue
them
of
their
kingdomes
,
[
I
leaue
to
the
iudgement
of
all
the
Christian
world
]
Christian
world
some
generall
Councell
whereto
I
meant
to
appeale
,
all
the
Christian
world
generall
Councell
all
the
Christian
world
Laikes
,
Princes
subiects
,
Prelates
priuate
men
,
friends
I
doe
not
promise
his
Fitzherbert
,
to
retract
and
reforme
my
writings
in
case
that
hee
condemne
them
,
but
I
anticipate
the
iudgement
of
his
with
a
protestation
of
wrong
and
of
occasion
of
great
scandall
.
I
doe
not
promise
to
his
to
retract
,
or
reforme
my
writings
in
case
that
he
condemne
them
,
I
am
no
Catholike
,
but
a
formall
heretike
,
disguised
and
masked
vnder
the
vizard
of
a
Catholike
,
and
that
all
my
pretences
to
bee
a
Catholike
,
doe
proceede
from
no
other
ground
,
but
from
a
deepe
dissimulation
,
or
rather
an
artificall
and
execrable
hypocrisie
to
delude
and
deceiue
Catholikes
:
religious
Priest
truely
probable
Catholike
Romane
Church
if
through
ignorance
I
haue
written
any
thing
which
she
approoueth
not
I
doe
also
reprooue
it
,
condemne
it
,
and
desire
it
to
bee
h●ld
for
not
written
,
by
the
commandement
of
his
Holinesse
,
Theologicall
Disputation
Catholike
Romane
Church
to
correct
whatsoeuer
in
my
writings
is
to
be
corrected
,
to
purge
what
is
to
bee
purged
,
to
explaine
what
is
to
be
explained
,
and
to
retract
what
is
to
bee
retracted
:
no
zealous
Catholike
can
take
me
for
any
other
then
an
heretike
disguised
and
masked
vnder
the
vizard
of
a
Catholike
,
all
my
pretences
to
be
a
Catholike
doe
proceede
from
no
other
ground
but
from
a
deepe
dissimulation
,
or
rather
an
artificiall
and
execrab
e
hypocrisie
?
3.
Bellar.
both
opinions
concerning
the
superiority
of
the
Pope
or
Councell
are
probable
,
although
in
the
Councell
of
and
in
the
last
the
question
seemeth
to
be
defined
,
yet
because
the
hath
not
so
,
expresly
defined
it
,
and
some
make
doubt
,
whether
the
which
hath
most
expresly
defined
it
,
ibid.
ca.
that
it
is
doubtfull
whether
shee
defined
it
properly
as
to
be
held
with
Catholike
faith
)
was
truely
a
generall
Councell
,
therefore
vnto
this
day
it
remaineth
a
question
euen
among
Catholikes
.
Romane
Church
Catholike
faith
Catholike
faith
Catholike
faith
Catholike
faith
English
Catholikes
declaratiue
precept
Christian
Princes
Romane
Church
Catholike
faith
Catholike
faith
Catholike
faith
Catholike
faith
hereticke
disguised
and
masked
vnder
the
vizard
of
a
Catholike
,
declaratiue
precept
Catholike
faith
Popes
Breues
true
Catholike
faith
fundamentall
reason
Catholike
faith
disguised
and
masked
hereticke
,
vnder
the
name
of
a
Catholike
,
Catholike
faith
Catholike
faith
true
Catholike
faith
Catholike
faith
Catholike
faith
Catholike
faith
Catholike
faith
generall
Councell
Catholike
beliefe
generall
Councell
Theologicall
Disputation
Catholike
faith
that
which
the
is
in
the
vniuersall
Church
is
euery
in
his
particular
Dioecesse
Pasce
oues
meas
,
Feed
my
sheepe
,
and
such
like
,
which
are
spoken
to
Saint
in
regard
of
the
Pastorall
office
are
vnderstood
to
be
spoken
to
all
Pastors
:
Catholike
faith
Catholike
faith
generall
Councell
generall
Councell
generall
Councell
Catholike
faith
Catholike
faith
Catholike
faith
supreme
spirituall
Pastour
supreme
spirituall
Pastor
Apostolicall
Breues
supreme
Pastour
Popes
Supremacie
Popes
Supremacie
generall
Councell
Catholike
Faith
.
first
Apostle
Catholike
faith
generall
Councell
Generall
Councell
S.
Thom.
None
can
iudge
his
superiours
actions
,
generall
Councell
Catholike
faith
Catholike
faith
Catholike
Church
Catholike
faith
Apostle
,
the
pillar
and
ground
of
truth
,
Catholike
faith
10.
§
2.
must
be
obeyed
●ather
then
men
.
calum
.
15
Sotus
,
Corduba
,
Salon
,
Sayrus
,
Of
two
euils
the
lesser
is
to
be
chosen
.
When
the
Superiours
commandement
is
of
a
thing
secure
and
lawfull
,
where
no
danger
ariseth
to
the
publike
good
,
or
to
a
third
person
,
in
a
doubtfull
matter
we
must
for
the
most
part
obey
.
As
for
example
,
my
Superiour
commandeth
me
to
study
,
,
or
to
helpe
sicke
persons
,
which
are
actions
,
wherein
there
is
no
danger
,
although
it
be
doubtfull
,
whether
hee
may
impose
such
a
commandement
,
I
must
obey
;
yet
I
added
,
(
for
the
most
part
)
because
I
am
not
alwaies
bound
to
obey
in
a
doubtfull
matter
,
as
if
the
thing
be
ouer
burdensome
,
or
laborious
to
the
subiect
;
For
if
my
Superiour
commaund
me
a
long
iourney
,
and
a
hard
,
or
vneasie
thing
,
and
it
is
doubtfull
whether
he
hath
authoritie
to
commaund
the
same
,
I
am
not
bound
forthwith
to
obey
.
that
when
it
is
doubtfull
,
whether
the
Superiour
commandeth
that
which
is
lawfull
if
it
be
in
preiudice
of
a
third
person
,
because
that
third
person
is
in
possession
of
his
credit
,
and
goods
,
we
must
incline
to
that
part
where
there
is
lesse
danger
.
For
when
such
danger
doth
arise
to
a
third
person
,
if
the
subiect
be
doubtfull
,
he
doth
not
against
obedience
,
if
hee
demand
of
his
a
reason
of
his
commaundement
,
propounding
humbly
the
reasons
of
his
doubt
.
In
doubts
wee
must
obey
our
Superiour
,
and
stand
to
his
iudgement
.
declaratiue
precepts
declaratiue
commaundement
Holinesse
Breues
for
that
it
containeth
many
things
flat
contrary
to
faith
and
saluation
,
Theologicall
Disputation
Holinesse
Breues
Catholike
faith
nominatim
▪
Blessed
are
they
that
suffer
persecution
for
iustice
,
Holinesse
,
ad
melius
informandum
,
to
informe
him
better
,
Popes
Breues
Catholike
Reader
Sauiour
,
Si
caecus
caeco
ducatum
praestet
,
ambo
in
foueam
cadunt
,
If
the
blinde
bee
guide
to
the
blinde
both
fall
into
the
ditch
.
disobedient
and
irreuerent
to
the
Sea
Apostolike
,
an
heretike
disguised
submission
to
the
Censure
of
the
Catholike
Roman
Church
proceedeth
from
no
other
ground
but
from
a
deepe
dissimulation
or
rather
an
artificiall
and
execrable
hypocrisie
to
delude
and
deceiue
Catholikes
,
meaning
is
to
escape
the
Censures
of
the
Church
by
appealing
from
the
to
a
generall
Councell
future
Councell
all
Anostataes
and
heretikes
are
wont
to
doe
,
appeale
from
the
to
a
generall
Councell
This
is
manifest
euen
in
himselfe
,
who
after
hee
had
begunne
to
set
abroach
his
heresie
,
retained
for
a
while
the
good
opinion
of
many
Catholikes
,
with
his
pretence
still
to
reuerence
,
and
highly
esteeme
the
authoritie
insomuch
that
he
wrote
to
in
these
words
most
holy
Father
So
he
;
making
,
as
you
see
a
farre
greater
,
and
more
absolute
submission
then
doth
,
albeit
within
a
while
after
being
condemned
first
by
a
Legate
of
the
and
after
by
the
himselfe
,
he
appealed
first
from
the
to
the
and
afterward
from
the
to
a
future
and
what
became
of
him
in
the
ende
the
world
hath
seene
,
and
felt
by
the
bad
fruites
of
his
Apostacie
Ibid.
anno
Catholike
Roman
Church
future
Councell
Masters
,
Doctours
Pope
Leo
future
Councell
8.
Decret
Secondly
,
Luther
Catholike
Roman
Church
Catholike
Roman
Church
Dominicus
Sotus
Catholike
Religion
Catholike
subiects
Pope
Leo
Paris
,
Louan
Cardinall
▪
to
bee
most
readie
to
correct
what
is
to
bee
corrected
to
purge
what
is
to
bee
purged
to
explaine
what
is
to
be
explained
,
and
to
retract
what
is
to
bee
retracted
:
errour
,
heresie
being
no
good
Catholike
That
which
I
wish
to
bee
obserued
heerein
,
is
how
little
heed
is
to
bee
taken
to
submission
of
his
writings
to
the
considering
his
doctrine
,
and
the
course
he
holdeth
in
the
maintaining
thereof
.
For
as
saide
by
who
wrote
sometimes
very
vertuously
and
thereby
deceiued
many
)
it
is
not
so
much
to
be
considered
what
hee
writeth
,
as
what
his
grounds
and
principles
are
,
and
how
well
his
writings
agree
therewith
;
as
for
example
what
opinion
he
or
any
other
hath
or
can
haue
of
the
authoritie
of
the
who
purposely
impugneth
the
iurisdiction
thereof
,
contradicting
(
as
I
haue
shewed
sufficiently
in
this
the
ancient
and
generall
practise
of
the
the
expresse
thereof
,
and
the
Decrees
of
and
Generall
vpon
an
absurd
supposition
partly
of
a
bare
probabilitie
in
his
own
doctrine
,
&
partly
of
a
possibilitie
of
errour
in
Decrees
touching
matters
of
fact
,
which
he
is
not
ashamed
to
say
of
the
of
the
famous
Oecumenical
albeit
all
Catholikes
doe
vniformely
teach
,
that
generall
lawfully
assembled
and
confirmed
by
the
cannot
erre
in
any
generall
See
chap.
Besides
that
,
he
vseth
the
very
obiections
,
arguments
,
answeres
,
shifts
,
and
euasions
of
heretikes
,
discouering
now
and
then
such
an
arrogant
,
proud
,
and
malicious
spirit
towards
the
that
no
zealous
,
Catholike
can
reade
him
without
great
disgust
and
indignation
,
or
can
take
him
for
any
other
,
then
an
heretike
disguised
,
and
masked
vnder
the
vizard
of
a
Catholike
.
Sea
Apostolike
&c.
O
full
of
all
guile
,
and
of
all
deceipt
,
&c.
Sea
Apostolike
breedeth
enmitie
procureth
friends
onely
heretikes
and
no
Catholikes
doe
vse
,
discouer
such
an
arrogant
,
proud
,
and
malicious
spirit
towards
the
Sea
Apostolike
,
that
no
zealous
Catholike
can
reade
it
without
disgust
and
indignation
,
or
take
me
for
any
other
,
than
an
heretike
disguished
and
masked
vnder
the
vizard
of
a
Catholike
.
Catholike
Romane
Church
Catholike
Romane
Church
Sea
Apostolike
Catholike
Church
primitiue
Church
Res
ante
ea
secula
inaudita
generall
practise
of
the
Church
Lateran
Councell
Innotentius
,
Hostiensis
Ioa●●r
Andreas
Lateran
Councell
Catholike
Romane
Church
Sea
Apostolike
Catholike
Romane
Church
Sea
Apostolike
heretike
disguised
and
masked
vnder
the
vizard
of
a
Catholike
,
Catholike
Church
no
zealous
Catholike
can
take
me
for
any
other
,
then
an
heretike
disguised
,
and
masked
vnder
the
vizard
of
a
Catholike
.
And
what
more
manifest
argument
,
can
a
man
desire
of
the
truth
hereof
,
then
that
his
Bookes
are
printed
that
is
to
say
in
good
English
in
with
the
consent
and
approbation
of
my
&
his
fellowes
?
Can
any
man
perswade
himselfe
that
their
are
turned
of
late
,
or
that
they
would
suffer
books
to
be
printed
vnder
the
name
of
dedicatorie
to
the
and
submission
of
the
whole
to
the
Censure
of
the
Catholike
)
if
they
did
not
know
that
the
Authour
thereof
meant
the
same
for
a
meere
mockery
and
derision
of
his
honouring
him
as
the
when
they
kneeled
downe
,
and
adored
him
,
saying
,
and
spitting
in
his
face
Appellant
Priests
Mentita
est
iniquitas
sibi
no
other
then
a
hereticke
disguised
and
masked
vnder
the
vizard
of
a
Catholike
.
are
printed
at
with
the
consent
and
approbation
of
my
Lord
of
and
his
fellowet
English
Catholikes
Romane
Catholike
Catholike
Romane
Church
Catholike
Romane
Church
For
can
any
man
perswade
himselfe
,
that
their
are
turned
Papists
of
late
,
or
that
they
would
suffer
bookes
to
bee
printed
vnder
the
name
of
dedicatory
to
the
and
submission
of
the
whole
,
to
the
if
they
did
not
know
that
the
thereof
meant
the
same
for
a
meere
mockery
and
derision
of
his
honouring
him
as
the
when
they
kneeled
downe
,
and
adored
him
,
saying
,
and
spitting
in
his
face
Catholike
Romane
Church
Apellant
Priests
Catholike
Romane
Church
in
the
end
preuaile
Protestant
Prince
Catholike
Romane
Church
honouring
him
as
the
when
they
kneeled
downe
,
and
adored
him
saying
and
spitting
in
his
face
good
Catholikes
heretickes
,
disguis●d
and
masked
vnder
the
Vizards
of
Catholikes
,
quiet
disposition
good
subiects
Catholikes
,
as
in
their
hearts
maintaine
the
like
violent
bloody
maximes
that
the
Powder-Traytors
did
:
Chiefe
Priest
chiefe
Priests
Priests
,
Ministers
an
heretike
disguised
and
masked
vnder
the
vizard
of
a
Catholike
.
besides
that
Besides
that
know
full
well
,
that
shall
more
easily
instill
his
pernicious
doctrine
into
the
mindes
of
Catholikes
,
vnder
the
pretence
and
name
of
a
Catholike
,
of
a
friend
,
and
of
a
brother
of
theirs
,
then
if
hee
should
discouer
himself
to
bee
a
Protestant
,
and
enemy
of
their
cause
,
for
as
the
Poet
saith
,
Which
one
translated
very
aptly
thus
:
But
what
would
he
haue
said
,
if
he
had
seene
this
fellowes
bookes
impugning
directly
the
and
the
whole
course
of
the
Ecclesiasticall
gouernment
vnder
a
solemne
protestation
and
profession
of
obedience
to
the
Church
?
would
he
haue
thought
any
thing
more
dangerous
,
or
pernicious
then
him
,
and
his
workes
?
No
truely
.
he
himselfe
is
contrary
to
faith
and
saluation
,
many
things
were
therein
clerely
repugnant
thereunto
,
Catholike
Romane
Church
to
be
inferiour
in
temporals
to
none
but
God
alone
Sea
Apostolike
with
temporall
punishments
they
are
not
to
be
punished
,
but
by
God
alone
,
Church
,
new
new
faith
Catholike
Roman
Church
heretike
disguised
and
masked
vnder
the
vizard
of
a
Catholike
:
ancient
Fathers
Sea
Apostolike
ancient
Fathers
Sea
Apostolike
Sea
Apostolike
Sea
Apostolike
Ecclesiasticall
gouernment
part
.
tit.
opusc
.
trac.
q.
vnica
in
Com.
lit
.
F.
Pope
Martin
Dominicus
Sotus
that
those
erred
therein
,
following
the
to
haue
in
it
no
shew
of
probabilitie
:
inflict
Censures
generall
Councell
heretike
disguised
and
masked
vnder
the
vizard
of
a
Catholik
,
And
therefore
I
hope
thou
wilt
be
wary
and
diligent
to
discouer
fraude
thereby
to
auoide
the
danger
of
his
poysoned
pen
,
pondering
all
this
matter
in
the
iust
ballance
of
prudence
,
that
is
to
say
,
that
thou
wilt
counterpoise
his
vaine
pretence
of
probabilitie
,
not
onely
with
the
graue
and
sacred
authoritie
of
the
Churches
practise
for
many
ages
,
but
also
with
the
Canons
of
generall
and
Prouinciall
Councells
with
the
Decrees
of
Popes
,
and
with
cleere
doctrine
of
so
many
famous
,
and
learned
Writers
as
hee
impugneth
.
Also
that
thou
wilt
weigh
his
presumption
in
defending
and
iustifying
the
with
the
iudgement
&
authority
of
thy
supreame
Pastour
,
who
condemneth
and
forbiddeth
it
,
the
pretended
force
and
soliditie
of
his
doctrine
and
arguments
,
with
the
ridiculous
absurdities
,
which
thou
hast
euidently
seene
in
his
answeres
to
mee
;
outward
shewes
of
affection
to
thee
,
and
desire
of
thy
good
,
with
the
inward
intelligence
he
hath
with
Gods
enemies
,
and
thine
(
who
employ
him
to
deceiue
thee
,
seruing
themselues
of
him
,
as
Fowlers
doe
of
birds
,
which
they
keepe
in
Cages
for
stalles
,
to
draw
other
birds
with
their
chirping
into
their
nets
and
snares
.
)
Also
that
thou
wilt
ballance
thy
obligation
to
man
,
with
thy
dutie
to
and
the
losse
of
thy
temporall
goods
,
with
the
gaine
of
euerlasting
glory
,
from
the
which
the
Diuell
seeketh
by
his
meanes
to
debarre
thee
,
and
therefore
I
wish
thee
euer
to
beare
in
minde
this
comfortable
lesson
of
the
Apostle
,
(
good
Catholike
Reader
new
article
primitiue
Church
ancient
Fathers
This
nouelty
not
to
say
heresie
,
1080.
Onuph
A
thing
vnheard
of
before
that
age
,
Catholike
faith
primitiue
Church
ancient
Fathers
learned
Catholikes
generall
Councells
doe
not
appertaine
to
faith
,
but
onely
the
bare
Decrees
,
and
those
not
all
,
but
those
onely
,
which
are
propounded
,
as
of
faith
.
Canonical
Scriptures
Dauids
Psalter
of
a
150.
Psalmes
.
generall
Councell
absolute
Princes
as
of
faith
as
not
hauing
any
shew
of
probabilitie
,
third
person
▪
supreme
Pastour
declaratiue
commandement
Rome
▪
deceiued
,
following
the
doctrine
of
the
Canonists
.
Sea
Apostolike
Render
the
things
that
are
Caesars
to
Caesar
,
and
the
things
that
are
Gods
,
to
God
:
A
power
,
which
is
not
most
certaine
,
but
probable
,
cannot
bee
a
ground
,
or
foundation
to
punish
any
man
,
or
to
depriue
him
of
his
right
and
dominion
,
In
a
doubtfull
or
disputable
case
,
the
state
or
condition
of
the
possessor
is
to
bee
preferred
.
inward
intelligence
with
Gods
enemie●
,
&c.
I
answere
intelligence
with
the
State
And
now
to
conclude
with
a
more
authenticall
testimonie
,
and
iudgement
,
then
my
owne
,
concerning
and
his
workes
,
I
thinke
good
to
giue
thee
heere
a
true
copie
of
a
Decree
very
lately
printed
,
and
published
by
a
deputed
by
his
for
the
examination
of
suspected
bookes
,
who
by
his
expresse
order
and
commandement
haue
condemned
and
prohibited
such
bookes
of
his
,
as
haue
hitherto
come
to
their
hands
,
to
wit
,
his
For
although
they
find
by
a
certain
annexed
to
his
that
he
hath
written
also
an
other
booke
against
an
yet
because
they
haue
neuer
seene
it
,
they
haue
not
expresly
,
and
separately
censured
,
or
named
it
in
the
neuerthelesse
the
subiect
thereof
being
such
,
as
by
the
it
seemeth
to
bee
(
that
is
to
say
,
containing
the
same
doctrine
them
he
hath
deliuered
in
his
other
a
bookes
)
all
Catholikes
may
easily
iudge
,
what
opinion
they
ought
to
haue
of
it
,
and
may
iustly
expect
,
that
if
hee
bee
a
as
hee
professeth
to
bee
,
hee
will
now
shew
it
,
not
onely
changing
priuately
his
opinion
,
but
also
publikely
retracting
his
doctrine
,
with
all
conuenient
speede
thereby
to
cleare
himselfe
,
according
to
an
expresse
admonition
giuen
him
in
the
said
Decree
,
vpon
paine
of
such
Ecclesiasticall
Censures
,
as
shall
otherwise
be
inflicted
vpon
him
.
Catholico
Anglo
V.
dedicata
,
Albionopoli
Reg.
fol.
50.
ex
Typographia
Camerae
Apostolicae
.
1614.
An
Apologie
of
Cardinall
for
the
right
of
Princes
,
against
his
owne
reasons
for
the
Popes
authoritie
to
depose
Secular
Princes
in
order
to
spirituall
good
,
written
by
an
English
Catholike
,
in
the
yeere
of
our
Lord
1611.
A
Theologicall
Disputation
concerning
the
Oath
of
Allegiance
,
dedicated
to
the
most
holy
Father
the
fift
,
Printed
at
Albinopolis
in
the
yeere
of
our
Lord
1613.
Pope
Paul
Regist.
fol.
50.
by
the
Printer
of
the
Apostolicall
Chamber
.
1614.
George
Birket
Theologicall
Disputation
Sanctissimus
D.
N.
Bruxellis
26.
Admodum Reuerendae Dominationis tuae
Amantissimus & studiosus .
Theologicall
Disputation
Holy
Lord
Holy
Romane
Inquisition
So
as
I
hope
thou
shalt
shortly
be
out
of
all
doubt
of
what
Religion
is
;
for
if
now
,
after
that
this
controuersie
of
the
hath
beene
many
yeares
debated
,
and
discussed
by
the
learned
of
diuers
Nations
,
and
determined
by
two
yea
,
and
that
his
owne
Bookes
written
in
defence
of
the
are
condemned
by
his
and
hee
himselfe
peremptorily
admonished
vnder
paine
of
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
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
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
and
his
submissions
to
the
Catholike
Romane
Church
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
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
.
Lord
Cardinals
Pope
Nuncius
there
are
many
things
in
the
Oath
flat
contrary
to
faith
and
saluation
,
to
correct
what
is
to
be
corrected
to
purge
what
is
to
be
purged
,
to
explains
what
is
to
be
explained
,
and
to
retract
what
is
to
be
retracted
.
Catholike
Romane
Church
(
most
blessed
Father
Sacred
Congregation
Honourable
Cardinals
Holy
Romane
Church
Apostolicall
Chamber
your
Holinesse
your
commandement
Catholike
Church
Catholike
faith
your
Holinesse
your
Holinesse
your
Holinesse
Catholike
faith
your
Holinesse
Catholike
Romane
Church
Holy
Catholike
Romane
Church
Authors
Epistle
your
Holinesse
your
Holinesse
your
Holinesse
supreme
Pastour
Catholike
Church
Catholike
faith
your
Holinesse
your
Breues
your
Holinesse
your
Holinesse
George
Birket
was
certified
thereof
some
few
daies
since
,
Bruxels
2.
by
letters
of
the
of
the
by
the
commandement
of
to
the
end
,
that
hee
first
of
all
should
write
thereof
to
his
that
hee
according
to
his
wisedome
should
signifie
as
much
,
and
make
it
knwone
to
Catholikes
.
that
I
composed
them
,
being
mooued
thereunto
for
the
zeale
of
and
of
my
and
for
more
particular
reasons
without
any
respect
of
worldly
fauour
,
or
feare
,
neither
with
any
obstinate
minde
,
but
onely
,
to
finde
out
the
truth
,
in
this
most
weighty
Controuersie
,
which
belongeth
to
the
yeelding
of
obedience
due
by
the
law
of
who
is
the
supreme
Pastour
.
in
earth
of
our
soules
,
and
to
our
his
most
excellent
who
in
temporalls
is
inferiour
onely
to
and
I
did
submit
most
humbly
whatsoeuer
was
contained
in
them
,
to
the
iudgement
and
censure
of
the
and
that
if
perchance
any
thing
through
ignorance
had
escaped
mee
,
Disp.
Theo.
which
should
not
bee
approoued
by
her
,
I
did
disprooue
it
,
condemne
it
,
and
would
haue
it
for
not
written
.
that
with
all
due
honour
and
respect
I
did
reuerence
all
the
of
the
that
betwixt
the
and
the
who
is
onely
the
first
and
principall
member
thereof
,
betwixt
some
of
the
and
betwixt
others
a
great
difference
is
to
be
made
;
and
that
to
euery
one
,
in
his
degree
and
place
,
I
gaue
dutifull
,
but
not
equall
credit
.
the
vast
of
the
and
in
the
volumes
of
the
are
contained
,
either
sayings
,
or
assertions
of
the
and
these
are
either
and
propounded
as
things
to
bee
belieued
by
the
faithfull
,
or
else
and
which
in
the
externall
discipline
of
the
are
commanded
to
be
obserued
that
the
doctrine
which
the
either
in
expounding
the
holy
or
in
questions
belonging
to
faith
,
haue
with
vniforme
consent
deliuered
,
I
did
also
vndoubtedly
beleeue
,
as
being
certainly
perswaded
,
that
it
was
inspired
by
the
I
also
with
and
other
Diuines
that
the
doctrine
also
of
all
the
holy
in
things
,
which
doe
appertaine
to
faith
,
may
plously
and
probably
bee
beleeued
by
yet
that
it
ought
not
of
necessitie
to
be
followed
as
certaine
and
infallible
.
I
did
that
the
definitions
of
lawfully
assembled
,
and
confirmed
by
the
wherein
any
doctrine
is
propounded
to
the
whole
to
be
beleeued
of
all
men
as
of
Faith
,
are
to
be
receiued
by
as
infallible
rules
of
Faith
.
Neuerthelesse
I
with
the
aforesaid
and
Cardinall
that
those
the
said
are
defined
,
or
else
supposed
onely
as
probable
,
and
those
assertions
,
which
either
incidently
,
and
by
the
way
are
inserted
,
or
for
better
declaration
or
proofe
of
their
decisions
be
produced
,
are
sometimes
subiect
to
errour
,
and
may
by
without
any
wrong
to
the
faith
be
reiected
.
This
withall
obseruing
,
of
which
also
in
other
places
I
haue
admonished
the
that
although
I
professing
my selfe
to
be
a
childe
of
the
doe
most
willingly
imbrace
whatsoeuer
confirmed
by
the
which
represent
the
doe
propound
to
the
faithfull
as
necessarily
to
be
beleeued
of
faith
,
and
which
certainely
,
and
euidently
is
knowne
to
be
the
true
sense
and
meaning
of
the
Neuerthelesse
,
I
doe
not
vndoubtedly
beleeue
euery
doctrine
which
either
Cardinall
(
speaking
with
due
reuerence
)
or
any
other
seeing
that
they
are
not
appointed
by
to
be
an
vndoubted
rule
of
the
doe
cry
out
to
be
doctrine
,
to
be
the
voice
of
the
to
be
the
meaning
of
the
if
especially
some
doe
hold
the
contrary
;
Them
truely
,
as
it
is
meete
,
I
doe
reuerence
with
all
dutifull
respect
,
and
I
doe
much
attribute
to
their
authoritie
,
but
that
all
those
collections
,
which
they
in
their
iudgements
doe
imagine
to
be
euidently
concluded
from
the
holy
(
considering
that
oftentimes
they
are
deceiued
and
doe
deceiue
,
and
what
they
haue
written
when
they
were
yonger
,
they
may
recall
when
they
grow
elder
)
are
to
be
accounted
for
vndoubted
assertions
of
faith
,
and
the
contrary
opinion
of
other
Catholikes
to
be
rather
esteemed
an
then
an
this
truely
I
cannot
take
in
good
part
.
concerning
the
belonging
to
and
to
the
externall
gouernment
of
the
to
be
most
ready
to
receiue
willingly
all
those
which
in
places
where
I
shall
liue
shall
be
generally
receiued
;
for
these
are
properly
called
the
of
the
vniuersall
Church
Vniuersall
Church
Prouinciall
Councells
Popes
definitions
Generall
Councell
Catholike
Church
Catholike
Faith
Rom.
Pont.
haue
also
oftentimes
affirmed
heresie
,
errour
temeritie
,
which
also
now
againe
(
speaking
with
all
dutifull
submission
)
I
feare
not
to
confirme
.
Lastly
,
concerning
my
of
the
Oath
,
and
the
thereof
,
which
seemeth
to
be
that
stone
of
offence
,
and
rocke
of
scandall
to
some
Diuines
,
especially
of
the
and
to
those
Catholikes
who
adhere
to
them
,
I
cannot
,
to
speake
vnfaignedly
,
in
any
wise
vnderstand
what
can
iustly
be
obiected
against
it
,
or
what
fault
I
haue
committed
,
either
in
making
it
,
or
else
in
dedicating
it
to
your
Holinesse
,
of
which
I
should
purge
my selfe
.
Dedication
,
haue
therein
professed
your
Holinesse
English
Catholikes
your
Holinesse
English
Catholikes
your
Holinesse
And
therefore
,
as
in
the
end
of
that
Disputation
I
affirmed
your
Holinesse
English
Catholikes
spirituall
Authoritie
Maiesties
Royaltie
your
Holinesse
your
Holinesse
Catholike
faith
priuate
Doctours
Catholike
faith
your
Holinesse
Catholike
faith
Sauiour
,
Render
to
the
things
that
are
and
the
things
that
are
And
that
your
may
yet
more
cleerely
perceiue
,
that
this
my
of
the
Oath
(
which
is
rather
to
be
called
a
most
was
written
in
manner
of
an
I
thinke
it
not
amisse
to
repeate
also
word
by
word
these
very
last
words
of
my
to
your
(
most
Holy
Father
your
Holinesse
.
First
your
Holinesse
English
Catholikes
your
Holinesse
Catholike
doctrine
your
Holinesse
English
Catholikes
your
Holinesse
your
Holinesse
your
Holinesse
your
Holinesse
supreme
Pastour
Catholike
Church
Catholike
faith
your
Holinesse
Catholike
faith
your
Holinesse
Now
I
beseech
to
iudge
whether
I
the
of
those
Bookes
,
who
haue
professed
my selfe
to
be
a
and
a
of
the
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
of
the
to
be
no
nor
a
child
of
the
If
I
be
no
doubtlesse
I
must
bee
an
heretike
,
and
defend
obstinately
(
seeing
that
heresie
,
cannot
be
without
obstinacie
)
some
doctrine
contrary
to
the
Catholike
faith
.
But
(
to
say
nothing
at
this
time
of
the
doctrine
,
which
I
maintained
in
those
Bookes
,
which
if
it
were
cleerely
hereticall
,
why
did
not
that
condemne
those
Bookes
as
I
protested
to
write
nothing
obstinately
,
but
with
an
humble
and
submissiue
minde
,
and
ready
to
recall
my
errour
,
as
soone
as
I
should
perceiue
to
haue
erred
in
any
thing
.
I
confesse
indeed
that
I
may
erre
,
but
by
his
assistance
I
will
neuer
be
an
And
if
perchance
in
any
thing
I
haue
erred
,
it
is
no
errour
of
malice
or
obstinacie
,
but
of
ignorance
:
For
I
will
neuer
by
his
protection
,
wittingly
,
and
willingly
defend
any
thing
at
all
,
which
I
shall
know
to
be
contrary
to
sound
or
to
the
Catholike
faith
15
Secondly
Catholike
Religion
Sea
Apostolike
Catholike
Religion
your
Holinesse
accept
the
humble
Supplication
English
Catholikes
Catholike
faith
humble
Petition
your
Holinesse
Apostolicall
Breues
Ecclesiasticall
punishments
(
most
blessed
Father
many
things
flat
contrary
to
faith
and
saluation
Wee
English
Catholikes
Superiour
Pastour
Christian
faith
Maiesties
commands
humble
Petitioner
Wee
English
Catholikes
your
Holinesse
your
Holinesse
your
Holinesse
your
Breues
your
Holinesse
Catholike
Authours
Sea
Apostolike
prudent
Catholikes
Sacred
Congregation
Honourable
Cardinalls
your
Holinesse
hereticall
,
erroneous
sound
doctrine
Sea
Apostolike
Catholike
Authors
vnder
paine
of
Censures
Sacred
Congregation
your
Holinesse
Catholike
Romane
Church
your
Holinesse
Soueraigne
Lord
KING
IAMES
your
Holinesse
your
Holinesse
feet
Supreme
Iudge
your
Holinesse
your
Holinesse
2
Secondly
your
Holinesse
Catholike
doctrine
your
Holinesse
Sacred
Congregation
Catholike
Roman
Church
ad
Lect.
Catholike
Roman
Church
Almightie
God
21
Thirdly
your
Holinesse
will
command
,
that
this
my
purgation
,
your
Holinesse
holy
man
Robert
Grosted
being
wonderfully
offended
ad
ann.
&
ad
annu.
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
in
the
spirit
of
humilitie
and
loue
,
that
he
would
correct
his
frequent
,
or
accustomed
errours
,
your
Holinesse
Christian
world
23
Finally
Sacred
Congregation
your
Holinesse
your
Holinesse
Feast
of
S.
Theologicall
Disputatation
containing
in
it
many
things
flat
contrary
to
faith
and
saluation
,
one
thing
those
many
Peter
,
Pasce
agos
meos
,
Pasce
oues
meas
,
Feed
my
lambes
,
Feede
my
sheepe
.
to
be
flat
contrary
to
faith
and
saluation
,
heretike
disguised
vnder
the
faire
colourable
name
of
a
Catholike
:
Sea
Apostolike
Catholike
Reader
Sea
Apostolike
Popes
Holinesse
Sea
Apostolike
Popes
Breues
num.
110.
Catholike
Romane
Church