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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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zeale and feruent affection I cease yet neuer ceasing most deuoutly to pray still both for your own good for the kings seruice for the peace of the land generally for the seruice of God that he will giue me grace I may tru●ly say with Paul in your behalfe since the case is not very much vnlike that which he saith of the Iewes Rom. 9. I speake the truth in Christ I lie not my conscience bearing me witnesse in the holy Ghost that I haue great heauinesse and continuall sorrow in my heart for I would my selfe euen be seperate for my brethren the Romish Catholikes to whome pertained the adoption and the glorie and the couenants and the giuing of the law and the seruice of God and the promises of whome are the Fathers and who hauing bequeathed or rather bequited them vnto vs as the Sinagogue had done vnto them both remaine depriued thereof Whereunto I pray God from the bottome of my heart to restore you all againe with vs that so both Iewes and all Christians as naturall brethren after a long discord reconciled together vnder one God and father one Lord and Elder Brother in one Church and Mother may enioy together one eternall glorie in the heauenly Ierusalem which is the mother of vs all Amen The Argument of the whole Treatise consisting of eighteene Sections ECclesiasticall Iurisdiction chiefly and essentially belongs to the Church but to the Pope and other Bishops ministerially onely as the power of seeing to the eye Christ immediatly and by himselfe did giue the keyes or iurisdiction vnto the hierachicall order by the immediate and reall sending forth of all the Apostles and Disciples The definition of the Church by essentiall causes S. Peter is onely the dispenser ministeriall head but Christ the right absolute Lord essential head founder foundation of the Church Wherefore all arguments drawne from the ministeriall to the essential head come short are fallacious * A dicto secūdum quid ad dictum simpliciter as being inferred from that which is said in some respect to that which is affirmed simply In the Church her state must be distinguished from her gouernement the state being monarchicall only to maintaine order and vnitie and to the powerfull execution of the Canons But the gouernment is Aristocraticall for wholesome counsell infalible prouidence and constitution of Canons For the Church is gouerned by Canons not by absolute power The infallible power of decreeing making Canons belongs to the whole Church which is the very pillar ground of truth not solely or onely to Peter And that prooued by the practise of the whole Church This place of the Gospell expounded Simon Behold Sathan hath desired to wi●ow you as wheate but I haue prayed for thee that thy faith faile not c. The frequent holding of Councels is absolutely and simply necessarie to the better and more holy gouerning of the Church and in what cases the Buls and Decretals of Popes doe binde How farre the fulnesse of the Popes power may be extended And in what case he may dispense with the canons of Councels Though the Church haue but one essentiall head neuerthelesse in regard of the exercise and execution of gouernment she is differently ruled by the Pope and by the Ciuill Prince Whereas the Church hath neither territory nor right of the Sword from Christ being onely ordained to a supernaturall and spirituall end shee can determine of the meanes necessarie to saluation onely by perswasion and direction not by constraint or inflicting of temporall punishments The ciuill Prince as being Lord of the Common-wealth and Country is the Protector and Defendor both of the Diuine Naturall and Canonicall law And to those ends may both establish lawes and exercise the sword The Ciuil Prince by the title of Protector of the Church and defendor of the Canons is the lawfull Iudge of all * Appellationes de abusu appeales for abuse as they are termed And from thence haue the liberties of the Gallicane Church had their beginning Confutation of those arguments which due attribute absolute authoritie to Popes In a generall Councel the Pope is held to bee the head so far forth as concernes preaching of the word administration of Sacraments and execution of Canons but not as touching direction and correctiue power ouer the whole Councell This Canon expounded No body must iudge the first See The finall cause of the Church which is euerla●ting life by a good gouernment showes euidently that Peter is by the Church and for the Church as the eye by man and for man What the meaning is that the Church hath also indirect power in temporall things And the answeare to the contrarie arguments A TREATISE OF Ecclesiasticall and Politicke power IT is a common Principle and of an vndoubted faith that God Nature haue still a more chiefe and immediate regard to the whole then to any part neuer so noble thereof And for an example the power of Seing hath therefore bin giuen vnto man that it might bee executed by the eye as mans instrument and minister to that purpose for the eye subsisteth both by man and for man The Schoole of Paris building vpon that most infallible ground conformably to the opinion of all auncient Doctors of the Church hath euer and most constantly taught That Christ in the foundation of his Church hath more chiefly immediatly and essentially giuen the keyes or authoritie to the whole Church then to Peter Or which comes al to one That he hath giuen the keyes to the whole Church ministerially to be vsed by one man Seeing all Ecclesiasticall power belongs properly essentially and first to the Church but to the Pope and other Bishops instrumentally and ministerially and onely so far forth as concernes the exercising as the power of seeing to the eye Let no body therefor glorie in men for all things are yours that is to say of the church Whether it be Paul or Apolos or Cephas or the world or life or death whether things present or to come for all things are the Churches and the Church Christs and Christs Gods 1. Cor. 3. c. For surely when it pleased our Sauiour Mat. 16.19 to promise by words of future the keyes to Saint Peter in the name of the whole Church after this maner I will giue thee the keyes of the kingdome of heauen c. He did afterwards actually giue and deliuer them to the whole hierarchical order together First by a generall commission Mat. 18.17 where he doth establish the Church sufficient in it self a chief Gouernesse Tell it vnto the Church Secondly by a reall sending forth Luc. 10.1 The Lord appointed other seauenty also and sent them two and two before him into euerie citie place whither he himselfe shold come Iohn 17.18 Likewise when a little before or immediatly after the celebration of the Lords supper he prayeth to his father for his Church in these
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