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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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been ordained by Christ to bee the Sheep-heard ouer the whole Church in these wordes Feede my sheepe and that by that diuine speech neither Apostles nor generall Councels are excluded being all Christs sheepe and therefore to be fed by S. Peter the Vicar of Christ To that we answere that by these wordes Christ did giue no other authoritie but ministeriall vnto Peter as we haue proued Sect. 4.5 and 9. And that the duty of a Minister and Vicar is to put in execution the precepts of the Diuine Naturall and Canonicall law but yet according to the rules of the Aristocraticall temper ordained by God And that therefore Peter is accounted a Pastor only for the execution of Canons administration of the word and other such things which may better be managed by one man alone then by the whole Church gathered together in a Councell Their second argument is That the whole Church gathered together in a Councell makes but one Familie one Flocke one Kingdome and visible bodie of Christ therefore must also necessarily haue a visible head the Pope and it would seeme a strange Monster if one bodie should haue two supreme heads the Pope and the generall Councell Wee answere that the Church is a Monarchicall policie tempered by an Aristocraticall Gouernement Whence of necessitie it followes that the Councell hath the supreme power for direction of Gouernement correction and authoritie to make Canons And as for Peter hee hath it only for the execution exercise and vse of the ●●ies towardes the particular Churches Looke our Sect. 4.5.6 and 9. Thirdly they alleage that in the Councell held at Rome vnder Pope Siluester with 280. Bishops it is ordained cap. 20. Let no body iudge the first Sea which is desirous to temper iustice The Iudge shall not bee iudged no not of the Emperour not of the whole Clergie nor of King nor of People Which sentence Gratianus citeth 9. quest 3. Can. Nemo But if wee must needes tell you what wee thinke thereof whosoeuer wi●l duly consider that Canon shall euen at the first sight perceiue that it is more hurtfull then fauourable to the Aduersaries because the opinion of the Schoole of Paris grounded vpon the decree of the Synode of Constance teaches that the Pope may bee iudged by the Councell in that case only when he doth notoriously scandalize the Church and is incorrigible But if he be desirous to temper iustice truly he must be iudged of no body since he law is not made against a i●● man being a perpetuall law to himselfe Secondly although this Canon should decree absolutely yet can it not derogate any thing from the authoritie of the decrees of the Councell of Constance since it was made in a particular Church which indeede ought not to iudge of the Pastor of the whole Church vnlesse hee submit himselfe to the iudgement of that Councell as once Pope Sixtus the third did 2. quest 4. Canon Mandaslis Therefore those wordes No not of the whole Clergie must hee vnderstood distributiuely of some Church or particular Clergie but not ioyntly of a whole generall Councell as that of Constance or Basill was Thirdly who is acquainted with the reading of Councells shall soone perceiue that there are many harsh and vnproper thinges in this Canon which make it iustly suspected of manifest i●●eption For certainely in those times the Fathers of the Church did not speake so gloriously neither did the persecutions giue them leaue to thinke of any absolute power Moreouer what needes to haue spoken of Kinges since at that time there were none at all but only the Romane Emperors But thou Christian Reader we pray thee looke thereupon Cardinall Cusanus lib. 2. cap. 20. de concordantia Catholicas For all other authoritie which are cited out of the writings of Popes read 9. quest 3. there is no great account to be made of them since Iohn Gerson and other Parisian Doctors doe answere in a word That none is to be beleeued in his owne cause except his testimonie agree with the Diuine Naturall and Canonicall law But now it is contrarie to the law of God and Nature that the ministeriall head should haue power ouer the Church And surely the finall cause of the Church which is euerlasting life by a good gouernment declares euidently that the Pope is by the Church and for the Church not contrariwise The Church by and for the Pope Therefore in the matter of Ecclesiasticall gouernment that Cephas that was Peter is subiect vnto the Church as the eie vnto man 1. Cor. 3.21 Therefore let no man glorie in men for all thinges are yours that is of the Church Whether it be Paul or Apollos or Cephas c. Item 2. Cor. 13.10 All power is giuen to edification not to destruction From whence it ariseth as proued that the Church by the Diuine and Naturall law can prouide and preuent that the Pope may not rule her to her owne destruction as it was decided Conc. Constant Sess 4. and 5. Finally whereas they crie so loud that the Church hath an indirect authoritie ouer the Temporaltie it is true by way of doctrine perswasion direction and exclusion from the communion of the Church but false that it ought to be done by constraint and deposition of Princes as we haue shewed Sect. 11. 12 Seeing the Church hath neither Territorie nor vse of the materiall sword Whosoeuer therefore doe maintaine that the Church may lawfully depose Christian Princes doe euen as much as if one should inferre that the Schoole-master because he hath the authoritie of Scholasticall discipline may disinherite his Disciples of their partrimonie if they be obstinate against his discipline Which also is fallacious as being wrested à dicto secundum quid addictum simpliciter from that which is said in some respect to that which is affirmed simply For such thinges which are true in some one and peculiar sense ought not to be stretched to an vniuersall and absolute sense but by Sophisters and Iuglers only And if they vrge further that the Church is sufficient in it selfe and a supreme commandresse The answere is that that must be limitted within those bounds which be assigned by nature to euery thing But the essentiall causes of the Church will not suffer that church-men should meddle with violent or secular businesses Wherefore all the sufficiencie of the Church gouernment ought to be deriued from the obseruation of the commandements of God but not from any temporall Monarchie or right of sword Mat. 28.19 Goe therefore and teach all nations baptizing them and teaching them to obserue all thinges whatsoeuer I haue commanded you and lot I am with you alwaies vntill the end of the world For the arguments which doe vphold this doctrine wee will reduce them to three heads The first shall containe all the examples which Sanders Bellarmine Co●queus and others set forth out of the old Testament but all ab ignoratione Elenchi through vnskillfullnesse of arguing Who is ignorant among vs that there is a farr different nature of the Iewes Sinagogue and of the Christian Church of the law of Moses and of the Gospell For these indeede had Territorie allo●ted them consequently might haue right of meere command from God which no wise man will euer affirme of the Church And to this that the Euangelicall law compared to that of Moses yea to any other law whatsoeuer is a law truly Roiall and full of mildnesse and most perfect libertie whereas the law of Moses was a most seruile bondage Act. 15.10 Gal. 4.3 The second head offereth vnto vs the authorities taken out the Canonicall law which Cardinall Bellarmine commended namely cap. 3. Synod Lateran where it is ordained that Kings and Princes are to be deposed which doe not roote out all Heretikes from their Dominions The answere is that these and the like ought to haue no more power against ciuill Princes then the extrauagant of Boniface 8. Vnam Sanctam or the constitution of Paul 4. Cum ei Apostolatus of siue which is to be read in the Directorie for Inquisitors seeing those decrees haue been made not Synodically that is with consent of the whole Church but by the Popes priuately and by their owne proper motion which therefore doe not binde because the Church is ruled by Canon not by absolute power Sect. 5. and 8. For the third head we denie absolutely that the deposition of King Chilperi● or the translation of the Empire to the French was by the only authoritie of the Popes without consent authoritie or desire of the people And though it were true as they say yet would it make but very little or nothing to the decision of our present Controuersie since it rather openeth a question of fact then of right as also the examples of the deposing of Henrie 4. Frederick 2. and other Emperous or Kings Let therefore our Aduersaries dispute of right not of fact for our Lord Iesus Christ hath ordained the Christian commonwealth to be gouerned by good manners and Canons not by examples The solution of all other arguments drawen either from holy Scripture or any where else may be taken out of the most learned Treatise of M. Iohn of Paris touching Regall and Papall authoritie Let all these thinges be subiect vnto the iudgement of the Catholike Church FINIS