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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
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