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A68462 The right, and prerogatiue of kings against Cardinall Bellarmine and other Iesuites. Written in French by Iohn Bede, aduocate in the court of Parliament of Paris, and published by authority. Translated by Robert Sherwood.; Droit des roys, contre le cardinal Bellarmin et autres jésuites. English. Bédé de la Gormandière, Jean.; Sherwood, Robert. 1612 (1612) STC 1782; ESTC S113797 80,394 213

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earth Bulla Iulij 3. sess Latran Non Decembris 1512. giueth Law to Temporall powers in Temporall things for there is read a Bull in this same Councell whereby Iulius the second forbiddeth faires to bee kept at Lyons and will haue them bee kept in another Citty ad Gebenensem ciuitatem To conclude hee setteth himselfe aboue the Church which he prostrateth disheuelled at his feete and calleth his seate Babylon of which speaketh Saint Peter in his first Catholicke Epistle 1. Pet. 5. And to the end that in the mouth of two witnesses this truth may bee confirmed I will bring forth yet another Parasite that was Generall of the order of Preachers 2. Sess in Orationem Caietani and had for recompence of his blasphemies a Cardinals hat his wordes may bee thus enterpreted speaking of the Church It shall obtaine if you will and command it if you imitate the power perfection and wisedome of God Almighty whose place on earth you ought to hold not onely in honour of dignity but in affection of will Gird your swords for you haue two one which is vnto you common with other Princes of this world the other which belongeth in such sort vnto you that none can haue it but from you c. Set forwards set forwards happily destroy the nations that desire warre seeing you raigne Priest and King c. And speaking of the mercy of the Pope the same will make you most excellent aboue all the Kings of the earth ergo the Popes mercy is diuine it will make you worthy to be worshipped gracious a friend and most-like vnto God And because we suppose many of quality will come to this Synode by the mercy of God and yours c. Magne regnator Deúm tam lentus audis scelera Senec. Tam lentus vides ec quando saeua fulmen emittes manu CHAP. IX That the Pope exalting himselfe aboue Kings in the manner as Cardinall Bellarmine will haue it exalteth himselfe also aboue all that is called God in Temporall things THE Teachers of nouelties submitting peace and war obedience rebelliō of subiects to the wils of Popes remember not what was in the beginning and that which we haue aboue proued For when the Magistrate hath bene a beleeuer hee hath euer bene aboue the Church to reforme it both in head mēbers being the Guardian to whose trust is committed the Law of God whereof hee is to haue a Copie which is cleere in points necessary to saluation and if there be obscurity in any place it is cleered by the reading of the same Neh. 8. according as Nehemiah practised and of this forme of enterpreting we need none other witnesse then Pope Clemēt who saith that we must not take a sense out of the Scriptures Clem. epist 5. ad discipulos Can. relatum dist 37. c. but must take the sense of truth from the Scriptures and he yeeldeth the reason of it because all men may take from them a full and firme rule of truth And if some Christian Emperours would not take knowledge of Ecclesiasticall causes it followeth not but that they had the authority and right to do it Deut. 17. For not onely the Priests and Leuites which did their duty tooke knowledge of thē but also the Iudge established by the Soueraigne Magistrate So when Ruben and Gad Iosh 22. with the halfe Tribe of Manasses had builded an Altar neere Iordan it is said that all Israell gathered together in Sylo to examine the matter sent ten of the principall of euery tribe vnto thē So Gedeō being established Iudge destroyed the Altar of Baal c. Cyrus Esd 1.16 Neh. 1. Darius Artaxerxes ordaine that the Temple shal be builded againe Esdras Nehemias take cōmission from thē In like maner vnder the Gospel Constantine Valentinian Theodosius assemble Councels We will say they bee present in the Councell after the example of Constantine not to make shew of our power but to confirme the faith c. and it is chiefely said that they which were of the Senate made decrees Cyrill Also Saint Cyrill reporteth that the Councell of Ephesus sent to Theodosius and Valentinian for to render them a reason of what was passed touching the condemnation of Nestorius And the Councels of Aix and of Arles Art 3. In praef Conc. Cub wrote to Charlemaigne praying him to confirme their decrees yea they did beseech him by his wisedome Ca. 45. nō in f. praef mag Can. vtinā 96. distinct Also Pope Nicholas writing to the Emperour Michael acknowledgeth that when there was debating concerning the Articles of faith Emperours were wont to be present in Ecclesiasticall Assemblies According to this power of Emperours vnder the Law of Moses the Church hath bene reformed not in the members onely but also in the head Salomon deposed Abiathar and Moses reproued Aaron and Eleazer Constantius also the sonne of Constantine the great deposed Liberius though without cause The Emperour Otho deposed Pope Iohn the twelfth Plat. in vita Greg. 6. Abbas Vesp an 1406. Sigismond deposed three together at one time and Henry the third as many namely Bennet the ninth Siluester the third and Gregory the sixt The French Kings haue also deposed and created many specially Boniface the eight was displaced by Phillip the Faire who translated the seat to Auignon where it continued 74. yeares and there were resident in that place sixe Popes one succeeding the other by the appointment of the King And this right of deposing Popes is treated of by a certaine Chancellour of the Vniuersitie of Paris Gerson one of the most learned Sorbonists of those times in his booke de Auferibilitate Papae That is farre from being absolute Lords in Spirituall and Temporall things For if euen in Spirituall things lawfull Councels haue required the approbation and authorization of Emperours it followeth that the authority and Soueraignety is wholly theirs velitis iubeatis as in the people of Rome so farre is it off that the Pope or his Colledge can determine any thing soueraignely Also the Kings of France and the Gallicane Church haue preserued to themselues appeales as in case of abuse from such decrees yea so often as Rome abuseth her pretended iurisdiction the Lord Chancellour giueth (a) Can. filijs 17. q. 7. can boni principes 96. dist can Tributum 22. q. 8. letters in case of abuse Now wee must know that wee call notorious abuse (b) L. ob qua §. Idem l. 1. §. sciendum de Aedil edicto when the act that is made is voide when it is against the nature of the act or else made by a man that hath no power (c) Inn. Pan. dd Can. Cum olim de causa possessionis to do it so as that not onely by the authority of the Prince but of priuate (d) L. prohibitum l. defensionis doct de iu. fi li. 10. c.
Ioh. 6.15 My Kingdome is not of this world they should content themselues with the keyes of heauen without taking by force the keyes of Citties they should auoide it as did our Sauiour Ioh. 18.36 if men would make them Temporall Lords and should not take vpon them a ciuill iurisdiction no more then did our Sauiour who when one said vnto him Luk. 12.13 Maister bid my brother diuide the inheritance with mee answered ô man who made mee a iudge or diuider ouer you Neither yet in criminall matters after his example Ioh. 8.10.11 Woman hath none condemned thee shee said none Lord and IESVS said neither do I condemne thee go and sinne no more So our Sauiour reiected the office of a Temporall Magistrate exercising the charge of a true Spirituall Pastor to inuite sinners to repentance yet without approuing vice But if these men will perswade vs that in processe of time to wit after Constantine the Church should change her course of life and leaue the Ministery to take vpon it command I will stay to beleeue it till they produce some Prophesie of this future change and will beleeue touching this pretended authority that which CHRIST saith of the dwelling places in his fathers house Ioh. 14.2 If it were otherwise I would haue told you And passing further I say that if the Church in her most perfect forme hath had no such superiority we ought to keepe this perfection instituted of God and if heathen Princes haue bene ackowledged three hundred yeares for Superiors of the Church which made a part of their state it were to do iniury to Christian Kings to deferre vnto them lesse honour then the Apostles and the Primitiue Church haue deferred to heathen and Infidell Emperours And the fable of the donation of Constantine serueth to no purpose it being acknowledged false by the most learned Iuris-consults antient and moderne as shall be handled in the ninth Chapter hereafter But though we should agree to them concerning the priuiledges that Princes haue giuen to Church-men Esdras chap. 7. yet we must not thereby conclude that Kings haue lost their authority to reforme the Church and to giue lawes vnto it For seeing it is a case royall to make Lawes in a State ● placet l. de sacros Eccl. Cas r. li● 6 it pertaineth onely to the King to ordaine them and although hee make them not without taking aduise of the expert in euery Art or Science yet for all that it will not be said that they are statutes or ordinances of the Iuris-consults or Diuines which haue bene called thereunto Whence it followeth that the Kings power is not lessened by the comming of our Sauiour who hath limited the charge of the Apostles and of their lawfull successours to the Preaching of the word and administration of the Sacraments as he had appointed Priests vnder the Law for the vnleauened bread perfumigations and sacrifices And indeed the Emperour Iustinian extendeth no farther the Christian Lyturgie and the office of Bishops Nouel 7. c. 11. de Ecclesiast bonis Cuiac tomo 3. pag. 549. Gal. 1.8 in his seuenth Nouel vpō which Doctor Cuias writeth in the same sense Seeing thē that to make Lawes in a State is a case of Soueraignety that neither the King nor an Apostle neither yet an Angell from heauen can adde to or diminish the substance of Gods Lawes but onely the circumstances which respect comelinesse and the execution of them what inconuenience is there that the ordinary authority be interposed in Lawes Ecclesiasticall Seeing also that the Church is within the State made a part of the same and is subiect to the Soueraigne of the whole territorie being in France and England one of the three Estates of the Kingdome whereof the King is head and Superiour as wel of the Clergy as of the Laity Now that it is not lawfull for any whosoeuer hee bee to adde or diminish the substance of the Law or of the Gospell of God here is the prohibition first as touching the Law Deut. 4.2 Yee shall put nothing vnto the word which I command you neither shall yee take ought therefrom that yee may keepe the commandements of the Lord your God c. And in the Prouerbes Pro. 30.6 Adde nothing vnto his words least thou be found a lyar The like is said in the Gospell Though wee Gal. 1.8 or an Angell from heauen preach vnto you otherwise then wee haue preached vnto you let him be accursed And both of the Law and of the Gospell it is ordeined 1. Cor. 4.6 That yee might learne by vs that no man presume aboue that which is written Reu. 22.18.19 For saith Saint Iohn if any man shall adde c. God shall adde vpon him the plagues written in this booke and if hee diminish c. God shall take away his part out of the booke of life Wherefore Emperours haue maintained them in this possession conformable to their title And beginning in the Constitutions colected in the Code of Iustinian the thirteene first titles are all filled with Lawes for to rule the Church in which first of all the Aduersaries of Royall authority shall obserue De Episcopati audientia that there is one title which attributeth simple audience to Bishops and not iurisdiction for to shew that they haue not any portion of Empire it forbiddeth (a) Lib. 1. Tit. 5. them to reiterate Baptisme to paint or graue on earth the (b) Lib. 1. Tit. 7. image of our Sauiour And in the Nouels the Emperour ordaineth of the punishment of Ecclesiasticall persons (c) Nou. 123. ca. 20. euen by the whip Of the creation and consecration of Byshops That Synods (d) Nou. 123. ca. 10. should bee held euery yeare Forbiddeth to celebrate the mysteries in priuate (e) Nou. 58. houses Item ordaineth that Bishops (f) Nou. 137. c. 6. Nou. 146. vt liceat Hebraeis should speake aloud when they celebrate Baptisme and the Eucharist Ordaineth that the holy Bible should be translated into the vulgar tongue that the people might reade therein their saluation L. Constantinopol 24. C. de sacros Eccles his verbis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Yea when the Emperour had translated the seate of his Empire to Constantinople although there was then a Byshop of Rome yet he declared that the Church of Constantinople was the Head that is to say the chiefest of all others To this is referred that in Nou. 83. Menna is called Vniuersalis Patriarcha in fauour of whō the Emperours said hee had granted that priuiledge to the Clergy not to bee conuented but before their Bishops that in certaine cases onely Now the cause why the Emperours translated their seate from Rome was because they held but very little in the West parts Gaule and a good part of Germanie were occupied by the Frankes or Frenchmen Spaine by the Sarazines Gothes and Vandales Italy in horrible confusion