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A10748 A treatise of ecclesiasticall and politike povver Shewing, the church is a monarchicall gouernment, ordained to a supernaturall and spirituall end, tempered with an aristocraticall order, (which is the best of all and most conformable to nature) by the great pastor of soules Iesus Christ. Faithfully translated out of the Latin originall, of late publikely printed and allowed in Paris. Now set foorth for a further warrant and encouragement to the Romish Catholikes of England, for theyr taking of the Oath of Allegiance; seeing so many others of their owne profession in other countries doe deny the Popes infalibility in indgement and temporall power ouer princes, directly against the doctrine of Iesuits. To the prince.; De ecclesiastica et politica potestate. English Richer, Edmond. 1612 (1612) STC 21024; ESTC S102957 32,246 64

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the Euangelicall law hath no other end but euerlasting life and the soule of man for his matter and naturall subiect It ought wholly to apply it selfe about the direction of the inward motions of the conscience but no wayes in any outward force or violence And therefore iudgeth only of meanes necessarie to saluation conformably to the essential spiritual causes of Christian religion that is persuasiuely only and directiuely in preaching of the word administration of Sacraments and if need require exclusion of Communion with the Church by vertue of censures the spirituall armes of the Church which in ancient times it was a great crime to exercise without mature counsell and Aristocratical moderation of the Priestly order as we haue spoken Sect. 5. And so much the nature of Aristocraticall gouernment did require and euer since that hath beene discontinued the learned know what disturbance of Ecclesiasticall discipline hath ensued Now this doctrine is grounded partly vpon the definition of the Church deliuered Sect. 3. partly vpon many strong and euident Oracles of the Scripture Doth not our Lord distinctly auerre to Pilate Iohn 18.36 that his Kingdome is not of this world And Luc. 9.58 The foxes haue holes and the birds of heauen nests but the sonne of man hath not whereon to lay his head As though hee would say That the Church as from God hath neither territorie nor vse of sword of prison or of any corporall punishment for the soule which is the only and proper subiect of Euangelicall law is only moued by an inward not by an outward beginning but the right of the materiall sword necessarily followeth the territorie as they effect the cause Hence was it that the Lord did answer● to one of the people that desired him to bid his brother to diuide with him their fathers inheritance Luc. 12.14 Man who made me a Iudge or a diuider ouer you As though hee had said That the Church which hath for her subiect the soules of men not earthly Dominions ought not to iudge of earthly inheritances and possessions For walking in the flesh yet doe wee not warre after the flesh for the weapons of our warfare are not carnall but mightie through God to cast downe holds casting downe the imaginations and euery high thing that is exalted against the knowledge of God and bringing into captiuitie euery thought to the obedience of Christ 2 Cor. 10.3 Where is to be noted that by the materiall sword the bodies may bee compelled yea killed but by no such meanes the thoughts to be captiuated to the obedience of Christ for that is only effected by the wholesome food of the Word and Sacraments And to this the witnesse of Paul Philip 3.20 Our Politeuma that is Christian gouernment is wholly in heauen from whence wee looke for the Sauiour Iesus Christ our Lord And so indeede would our Lord haue it that Church men should not meddle in violent and temporall matters Will you haue also the testimonie of Saint Bernard They shall neuer shew saith he when euer any of the Apostles hath sitten as a Iudge of men diuider of bounds or distributer of grounds Finally I reade that the Apostles did stand before the Iudges to bee iudged but not that they did sit iudging others Therefore your power reaches no further then to sinnes not to possessions because for those not for these you did receiue the keyes of the Kingdome of heauen to shut out offendors only not possessors I pray thee which power and dignitie dost thou esteeme greater to remit sinnes or to diuide possessions But there is no comparison therein These earthly and inferior things haue their iudges by themselues the Kings and Princes of the earth Why doe yee inuade other mens liberties Against those diuine oracles though more cleare then noone-light two obiections principally are made The first that Ananias and Saphira his wife were punished with death by Saint Peter because of their lie to the holy Ghost Act. 5. The second that the Apostle seemeth to teach Christians whilest they liued vnder Heathen Princes and Magistrates that they might choose Iudges among themselues in their ciuill businesses 1. Cor. 6.4 If then yee haue iudgements of things pertaining to this life set them vp which are least esteemed in the Church We answere to the first that such a great action of Saint Peter was altogether miraculous extraordinarie and wholly by the inspiration of the holy Ghost And therefore not appliable to ordinarie right nor can no more be drawne into argument in either then these words Ierem. 1.10 Behold this day haue I set thee ouer Nations and Kingdomes to plucke vp to roote out to destroy and to thre● downe Or that place of the two swords Luc. 22.38 seeing both places must be vnderstood Allegorically and spiritually but that from an Allegoricall and misticall sence there can no forcible argument bee drawne the very children know it Neither is there any reason that the authoritie of Saint Bernard should breed any scruple in any mans minde lib. 4. cap. 4 ad Eugen. Put vp thy sword into thy sheath The sword therefore is also thine to bee perhaps vnsheathed at thy direction though not with thine owne hand For both spirituall and materiall swords belong to the Church But the one to be drawne for the Church and the other by the Church That by the hand of the Priest this of the Souldior though indeede by the Priests apointment but by the Emperors commaundement For indeede these words doe but shew That the Church hath right to giue the signe that is to say to teach and perswade when the Ciuill Prince ought to draw his sword for the glorie of God Whereof wee will speake in the Section following And truly when Church-men did excell in holinesse of life Christian Princes to remoue all suspition of iniustice from their consultations and enterprises did vse and that very iustly the counsell of Clergy-men both in peace and in warre But as iustly againe haue they left to take it since Churchmen gaue occasion to suspect that they affected that temporall Monarchie whereof Eugubinus Bozius Garrerius and the very Cardinalls Bellarmine and Baronius haue written most laborious bookes Which opinion euen though it were true yet wisedome and reason should haue taught those authors at least in those most vnlucky dayes to abstaine from such manner of writing The second argument deceiues ab ignoratione Elenshi through vnskilfulnesse of arguing for howbeit those testimonies of holy Scripture aboue commended conclude manifestly that the Church by diuine right hath neither territorie right of sword nor contentious Court yet they doe not denie but by humane right and graunt of Princes shee may very well haue it Now for this place in question the Apostle doth not speake of the diuine right but of the humane and arbitrarie right as when by a mutuall agreement of the parties priuate arbiters are chosen friendly to decide differences and controuersies without troublesome going
I in th● middest of 〈◊〉 By which speech wee learne that Christ hath grant the power of ●●communication immediatly to the 〈◊〉 Order which is signi●● hare by the 〈…〉 Church for as the 〈◊〉 of ten dot● eminently and causelty com●●he ●●●umb●●s ● likewise doth this former speech 〈◊〉 the Church eminently I say and causally compre●●●● all 〈…〉 ●a● power 〈◊〉 euery supe●● 〈…〉 ma●dued with any iurisdiction 〈…〉 ● Pope or a generall Coun●●●● wherein 〈◊〉 the supreame and infallible co●●t-co●●●●●●nesse of authoritie all 〈…〉 resolue And this is manifest because as soone as the Lord had vttered this speech in the singular Te●● the Church hee doth immediatly adde in the plurall Verily I say vnto you whatsoeuer yee shall ha●de ●n earth c. Wherby it manifestly appeares that the Church is takē there form●lly properly for man ●●en gathered together not for any one man alone Therefore with the same c●●rent of speech Christ giues also to the Church the power to assēble it selfe in a Councel and there infalibly to decree Again I say vnto you If two of you shall agree together on earth c. for where two or three are gathered together in my name there am I in the midst of them Neither is it to be past in silence that Christ in this text doth denote the Aristocratical Councell established by his owne diuine law not the oligarchicall afterwards instituted by men And that hee hath purposely expressed a certaine number and that the least of numbers for an vncertaine to take away from contentious men all occasion of shifting auoiding and to shew that for a lust gouerning of the Church the consent agreement of two or three at the least is required not of the Pope solely and alone Truely to what side soeuer the aduersaries will turne themselues they must needs confesse that these words for where two or three are gathered together in my name doe necessarily exclude that absolute and infallible authority of the Pope alone and do proue that the Church cannot bee bound against her will nor without her consent aduice required which euery way agreeth with the natural law is sufficiently cōfirmed by the practise of the Ancient Church For the Councell of Ierusalē with the consent voices of al the Apostles and Priests concludes with this stile Act. 15.28 It seemed good to the holy ghost and to vs. Moreouer the Fathers of the Africane Church amongst whome was Saint Austen writ vnto Pope Celestin 1. in these words That it is not credible that God doth inspire the I●stice of examination into any one man and deny it to an ●●nume●●● number of men lawfully gathered together is a Councel● The opinion also of Pope Zozimus make for the confirmation of this doctrine when writing to the Bishops of France hee confesseth himselfe p●ainely to bee infe●●our to the Councell and the au●horitie of the Apostolicall Sea not able to derogat● from the holy decrees of Councells 25 Quaest 1. C●●● To decree or change any thing against the decrees of the fathers no not the very authoritie of this 〈◊〉 is able to doe it Holy antiquitie liues with v● vnshaken in h●● foundation whereunto the decrees of the fathers ha●e ordained all reuerence To this may well bee added the answere of Gregorie the great Who confesseth that he reuerenceth the foure generall Councells euen as the foure bookes of the holy Gospell for being constituted with vniuersall consent whosoeuer presumes to loose that which they bind or to bind that which they loose doth but destroy himselfe and not them Dist 15. Can. Sicut Sancti Euangelij And truely if one will neuer so little peruse the acts of generall Councells he shall easily perceiue that the Pope doth not solely and himselfe alone make decrees of the Catholike faith in those generall Synods but doth inferre and conclude them by the induction and consent vniuersally taken of all particular Churches Which indeede is the most certaine and most euident proofe of an Aristocraticall gouernment and is confirmed Can. Maiores 24. Quaest 1. But if some perhaps will yet argue that Christ did pray for Peter 22. Luc. 32. that his faith should not faile and commanded him to confirme his brethren Wee answere to the first part that this promise of Christ according to the litterall sence of the Scripture doth not extend farther then the time of the Lords passion Wherein the scandall of the Crosse was most furiously to rage against all the disciples and principally against Peter who thrice denied his Master Whereupon the Lord speakes after this manner to them all Mat. 26.31 All yee shall bee offended in me this night for it is written I will smite the Shepheard and the sheepe of the flocke shal be scattered But Peter answering sayd vnto him Though all men should be offended in thee yet will I neuer be offended Iesus said vnto him verily I say vnto thee that this night before the Cock crow thou shalt denie mee thrice Moreouer Luc. 22.31 Simon beholde Sathan hath desired you to winnow you as wheate but I haue praied for thee that thy faith faile not wherefore when thou art conuerted strengthen thy brethren Wherein is principally to be noted that Christ did not say to Peter I haue prayed for thee that thou maist neuer erre or be subiect to be deceiued But only I haue prayed for thee that thy faith faile not And that Peter indeede did erre yet his faith neuer failed him in regard of the habite but only of the act for he did only denie the Lord with his mouth not with his heart To the second point who will aduisedly examine that which preceedes and followes this text euen at the first sight hee shall find that after Saint Peter was out of that dangerous staggering of his trebble deniall and come againe to his right sences as from a most deepe and dead sleepe hee was farre more able both to settle and stay his wauering fellowes and to call againe to the Church all his scattered brethren that there together they might expect the resurrection of the Lord. Therefore that argument of theirs is fallacious being inferred a dicto secundum quid ad dictum simplicitèr from that which is said in some respect to that which is affirmed simply For that priuiledge did reach no farther then Saint Peter himselfe and alone because of the imminent scandall of the Crosse And sure if the Pope alone and not the Church iointly taken be infalible It followes that Saint Paul sinned most greeuously Galat. 2.11 telling vs so plainly that therefore Saint Peter was reprehensible because hee went not the right way to the truth of the Gospell Which words are most worthy to be noted Besides that this reprehension as the Parisian Chauncelor well obserueth is equiualent to an appeale to a Councell For if Saint Peter had at that time resisted Saint Paul iustly reprouing him no doubt but the Church gathering herselfe together in a