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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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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 iudgement and temporall power ouer Princes directly against the doctrine of Iesuits To the PRINCE Printed by VV.S. and are to be sold by Iohn Budge at the great South doore of Paules and at Britaines Bursse 1612. To the Prince SIR THese are not now idle fancies of mine owne hot ebullitions of a French bloud youthfully sounding the charge long before the combate No nor of any one man alone neuer so wise neuer so temperat They are the graue disputations the sound decisions of a whole company one of the most famous as one of the most auncient in the world for diuine and humane learning Who now sets forth to the open view of all men what their opinion is about the Popes either lawfull or vnlawfull authoritie No more are they any particular imaginations or exact conclusions of Protestants the Popes open aduersaries or some other if there be any of his violent enemies who perhaps to forward in their owne way deny vtterly all the authoritie of the Bishop of Rome because he hath vsurped too much and would haue Rome totally ruyned because there are many abuses therein and not rather to be reformed by good lawes reducing order conueniency to their own auncient iust and lawfull vse Much like vnto that people that wholy forbids the vse of that good creature of God wine because hurtfull by accident rather then to temper his furie with water or moderate the quantity They are I say the too too gentle the too too indulgent determinations of the Popes best friends of his derest darlings nay of his owne strongest support in Fraunce by whome he raignes yet there and without whom he 〈◊〉 not haue an inch of credit in that whole kingdome Determinations which yet seeming to make good the reasons of the French Herald cōclude ex obliquo at least to his Croisade makes mee the bolder to tender this vnto your Highnes to whome that other was also dedicated As a confirmation now by these wise men of those reasons which as his owne he did at that time esteeme more foolish then for the respect due vnto the assent of such persons hee dares euer hold them hereafter For indeed what shold we not boldly execute against him that with fier and sword open inuasion and secret treasons declares himselfe so violent and bloudy an enemie to vs though we not to him Wee I say right reformed Christians and Catholiks who rightly lightned with the shining truth of the spirit and the Scripture haue so lawfully shaken off that most vniust most vnsupportable iron-yoake of later yeares forged in the Church of Rome when wee see his owne men his owne maintainers so flatly condemne him But alas what order to bee taken I am not able to giue counsell much lesse to commaund Onely this my most harty prayer vnto the Almightie shal be as long as I breath I will neuer finish it till it bee finished or my selfe That now when it seemes that in these latter daies by frequent disputations the truth beginnes to cleere it selfe of those darke clouds of ignorance and thicke vayles wherein it had beene hitherto purposely wrapt and ouercast Now that it seemes that all Christians of all professions at least those of the better sort among them draw neerer then euer they did one to another and all to that happy medium wherein consists the true and onely hope of a general reconciliation it may please his heauēly goodnesse to stirre vp and strongly moue all Christian Princes and Magistrates as well Ecclesiasticall as Ciuill to call together a good lawful and free Councel as generall as may bee wherein all absolute and necessarie points to saluation being considerately with brotherly loue and without animosity discussed wee may with common consent of all frame together a constant substantiall and vniuersall profession of our faith As without doubt it would be a thing most fit to preuent and auoid many scandals and easie enogh to be attained vnto if euerie one would leaue all peremptorinesse of his owne sence and cleaue to the right naked and vnpassionate truth It remaining for the rest lawfull to euerie nationall Church in things indifferent and not altogether absolute and necessarie to saluation differently to beleeue according to their best aduise and Christian libertie It is a thing which after God wee must solely and onely hope from the hands of that thrice-great King your royall father hee hauing a particular right to it by his title of Defender of the Faith as indeed hee makes himselfe euerie day more and more worthy of the same both abroad at home carefully suppressing heresies ●●en in their birth there by his credit heere by his commaund there by his word of aduice here by his sword of Iustice Oh! what helpe our famous Henry the Great would also haue yeelded to this if those that did smell out some such purpose in him had not as vnluckely as traiterously shortned his daies But in that happie assembly let it not be forgotten for the first point and ground of all the following good to giue backe againe to the Catholike Church her ancient right and authoritie clipping the Popes wings of so much as he hath most tyrannously vsurped and reduced vniuersallity to his own particular For otherwise as long as that tyrannical vnbridled monstruous impious omnipotency which none can tell yet how far it runneth or can stretch it selfe be not limited within the bounds of reason I meane of the law of God there is no hope of reconciliation no hope euer of any good at all I doe not deny that the Bishop of Rome hath altogether no authoritie as from God Neither but that he may haue a great deale more by the free graunt of Councels or by the liberallitie of Princes That which hee hath as from God let him keepe it still in Gods name The gifts of God are without repentance Yea Rom. 11.29 let him keepe that which he hath lawfully receiued of auncient Councels as the first place among the fiue Patriarkes betweene whome the care of all the Churches of the world was friendly and almost equally diuided and to him by especiall assigned the care of these West-churches In which respect only the King makes no difficultie to call the church of Rome In his Maiesties first speech to the Parliament our Mother-church Let him also keepe that which auncient
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
thorough all the world but onely some few yeres since that the diuell being almost at a bay strugleth with his last and most violent endeuours against the truth that strangleth him Neuerthelesse medling heerein more for your own good then for his Maiesties which yet as a right Pater Patriae as a kind Pater-familias of the Common-wealth hee will euer esteeme his owne when it is yours I thought some moneths a goe to haue presented you in your owne language that famous letter of a great friend of yours the Iesuit Cotton written in French to the Queene Regent of Fraunce in disalowance of Marianaes booke and other writings of other Iesuits approouing disobedience of subiects to their own lawful kings in temporall matters euen to their poisoning and murther But another man with more hast then good speede I am sure though not with a better minde then my selfe seruing it vnto you in another dish and with a sower sauce in the end of that odious chamber of meditations did quite marre the good vse that yee both and wee I meane the whole state might very well haue reapt therof All things are not fit to bee said at all times neither ought we so nakedly to vncouer the shame of our brethren as long as ther is any hope of amendment principally being most certain that the best part of you doth not alow yea I dare say not know those abhominable execrable and almost incredible courses For no doubt but it would haue made some impression in your harts to haue seene without such a bitter addition quite then out of season and rather to exasperate then to pacifie you so famous a man a Iesuit by profession and one of your greater saints writing of set purpose to so eminent a person and impugning whatsoeuer hitherto hath beene or hereafter might be written by any of his owne order or by others against the temporall authoritie of Princes ouer their subiects cyting orderlie one by one as numerus certus pro incerto a dozē of famous Iesuits Cardinall Tolet Cardinall Bellarmine Gregory of Valencia Salmeron Delrio Heyssius Becanus Gretzerus Lessius Serrerius Azor Richeom euerie one with some speciall place mainteining the Princes temporall authoritie And for better fortifying therof setting downe of himselfe and without any vrging 15. heads and principles of the faith and beleefe of their whole society about that matter whereof among the rest the 6. 7. 8 9. 10. 11. 12. are these after that in the former he hath established and highly cōmended the monarchicall state as the best That kings are annointed and therefore called the annointed of the Lord that euerie one as Simeon Archbishop of Thessalonica saith may vnderstand that they ought to be inuiolable and respected as holy and sacred persons That whosoeuer resisteth them or rebelleth against them shall receiue their owne damnation Rom. 13.2 That obedience is due vnto them not because vertuous wise mighty or of any other such qualities but meerely because they be kings and established by God That it is not lawful to deny them their obedience much lesse to rebell against them though they should bee v●●tous froward and hard to be endured 1. Pet. 2.18 That in such cases wee ought to pray for them as the Prophet did command the Iewes for Nebucadnezar and Baltazar Bar. i. ii And that those persecutions losses of goods and other afflictions which are patiently suffered for that cause and without rebellion against their superiours are things most pleasing to God and agreeable to that praise which Paul giueth to the Ebrewes cap. 10.34 and to that ordinance by himselfe published in the Church Rom. 1● 1. That it is not lawfull to attempt any thing against their persons but that it is a most execrable parricide a prodigious crime and abominable sacriledge All which articles and letter though by some accused of some equiuocation truely at least by all honest plaine-dealing men and fully good subiects of to much sparingnesse and cohibition in a matter which deserued with an open mouth to haue bene more clearely and largely extended yet willing to take al things in the best sence euen in our aduersaries and receiue as lawfull and current the coyne of ill pay-masters neuer so base neuer so clipt so it be but indifferent good I then purposed with a peaceful charitable and truely Christian and brotherly mind and fashion to set them before your eyes to the end you might with as peacefull a spirit and not stirred or distasted by any vnsauory appendix conceaue at least of this point That so many other Iesuits of other nations are not of the same opinion in that behalfe with your Parsons Campion Creswell Garnet Hall Greenwell Gerard Hamōd other your fiery Iesuits which as right Puritans among their other fellowes that is abstractum de abstracto as though England were the onely Seminary in the world for such a cumbersome to sharp-sighted and to sharp-minded zeale defin●ng and refining law and Gospell according to their owne humours and priuate ends till they haue I feare me and God forbid finished and dissolued all make Religion where there is none and irreligion of that which is most sacred and religious As by all lawes both diuine naturall Ecclesiasticall politike and positiue temporal obedience of subiects to their Princes is and hath euer beene held But that good duetie being intercepted as I told you before I had very willingly requited it by presenting you another booke of another though yet my Country-man still of your owne profession for with other armes will I neuer vrge you then those that your owne men shall put into my hands A man truly most worthy and learned A booke most worth reading intituled Of the common offence and priuiledged case wherein shewing by degrees and from age to age the incroaching increase of the authority of the Popes and Church-men in that old time of thick ignorance when scarce any in the world but they could reade or write his name that Author most excellently proueth that a principio non erat sic and that from the beginning many hundred yeares after al Church-men without exception were subiect to the ful obedience and Iustice of their ciuill Princes till by their fauourable graunt and relaxation or rather by an ouer-religious stat●nesse vnprouidency and scrupulous simplicitie Church-men by tract of time got to be released in some cases from whēce first arose the distinction betwixt delictum commune casus priuilegiatus as they call them But fearing least that booke neuer so cleer neuer so wel followed might not be of great moment with you as being written by a priuate man not perhaps so famous among you as your owne father Cotton though a noble Iudge of one of our high Courts of Parliament and his booke openly printed allowed and licenced by Catholike learned Diuines I thought rather to looke for a better opportunitie which I am sure hath not bene euer since so effectuall as this nor perhaps
to law For euery man will easily obserue thus much that shall reade the 6. chap. of the 1. to the Corint consideratly and without all preiudice only bringing with him a desire of the truth Now let vs passe to the ciuill power Truly since the ciuill Prince is the Lord of the Common-wealth and Countrie protector and defendor of the diuine naturall and canonicall law And to that end doth beare the sword It is he alone that hath the power of constraining and restraining by inflicting corporall punishment Wherefore for the good of the Church and execution of Ecclesiasticall Canons he may make lawes and inroll them among his Ordinances Records Charters as we find that the Emperors Constantine Theodosius Iustinian Charles the great Saint Lewis Charles 7. Francis 1. and others of our Kings haue done Whereupon Saint Austen Epist 48. ad Vincent The Kings of the earth ought to serue Christ euen making lawes for Christ according to the admonition of Dauid Psalme 2.10 Be yee wise now therefore yee Kings be learned yee Iudges of the earth serue the Lord in feare Eusebius likewise cap 24 lib. 4 of the life of Constantine the great rehearseth that that Noble Emperour was wont thus to speake vnto his Bishops Yee are established Bishops by God within the Church and I a Bishop without As if hee would say that it is the dutie of Christian Princes by vertue of their owne offi●●●o make ordinances for the execution of the diuine naturall and Canonicall law and if occasion require draw the sword yet keeping still the moderation of the parable of the tares Mat. 13.30 That is to say without breach of the publike peace And the same is confirmed by the same Saint Austen Epist ad Vincent euen now named All which things being well conceiued It is easie to perceiue both in what sence Optatus Mileuitanus affirmeth That the Church is within the Common-wealth that is as it were vpon another mans ground Territory and Dominion And also whether Christian Princes did in times past assemble the Councells of Nice Constantinople Ephesus Chalcedon and other generall Synods rightfully or wrongfully for that indeede concernes the execution of the diuine naturall and Canonicall law Here for a corrollary and short addition wee will adde one word more which is That the naturall liberties of the Catholike Church or the common right giuen her by God and Nature are clearely strengthned in these eight grounds and principles so that none can except against them but withall hee must needs infringe the whole diuine naturall and canonicall law And this looke how often it hath hapned so often hath it giuen iust occasion to our Frenchmen to appeale from it as from an abuse Of which appeales the Prince and Ciuill Magistrate as being the protector of the Church and defendor of the Canons hath the supreame moderation For hee iudgeth of the abuse only and that belongs to the execution of the case And inde●● that manner of proceeding among our French hath caused the beginning of the liberties of the Gallicane Church as they are commonly termed As also I heare that Spaniards other christian nations when any thing proceeds from the Court of Rome which is against their customes and orders are wont to labor by intreatie that it might not be put in execution Whence it appeares that in the matter it selfe they agree with vs but disagree only in the forme and manner of proceeding A Confutation of the contrarie opinion THose that maintaine the contrarie opinion that is the Popes absolute power First doe confound the State of the Church with the gouernment of it forsooth because Christ did adopt Saint Peter for a Pastor of the Church and his Vicar Iohn 21.15 he himselfe being the absolute King and Monarch thereof therefore they conclude that absolute and purely Monarchicall commaundement belongs vnto Saint Peter as being Christs lieftenant And by and by that the Pope hath not only the whole Ecclesiasticall power but also all authoritie ouer the temporalty indirectly at least and in ordine ad spiritualia with relation to spirituall things as the most reuerend Cardinall Bellarmine teacheth Secondly they inferre that there is no need at all of holding Councells for the better and more holy gouernment of the Church since the Lord hath deliuered vp vnto Peter solely and alone the infalible authoritie and power to confirme his brethren Luc. 22.32 Thirdly they conclude that if Councells bee assembled at any time the Church neuer so lawfully gathered there hath no right at all to decide of any thing the Pope being either absent or not consenting Fourthly that the Pope may abrogate at his pleasure all Canons of generall Councells concerning Ecclesiasticall policie and altogether disanull them and make all new Fiftly that the Pope hath not only power ouer all the particular Churches scattered ouer the world but euen ouer the generall Councell and that hee himselfe is in no case subiect vnto the Councell All which weake grounds it is most easie for any to beate downe hauing once well conceiued of our former principles For in the first place they all aime but at this to ascribe that very same power to Peter as the ministeriall head which only indeede belongs to one Christ alone being Lord and founder of the Church which is sophistically inferred a dicto simpliciter ad dictum secundum quid from that which is affirmed simply to that which is said but in a manner But I pray you is there not a great difference betweene the Master and the Steward that is betweene Christ and Peter For the Church is by Christ and for Christ but Peter by the Church and for the Church as the eye by man and for man For confutation of their second principle you may reade it Sect. 7. The third the fourth and the fift bee not worth answering being all fallaciously inferred a dicto simpliciter ad dictum secundum quid from that which is affirmed simply to that which is said but in a manner as though Peter had the same power ouer the Church which Christ hath And surely if we loue the truth we must freely say that by nature a desire is giuen to all men to be free and happie but who may naturally bee happy without freedome But if the infallibilitie of decrecing doe decide out in the Pope solely and a lone no body then shall halfe the power of deliberatiue voice in the assemblies of the Church which is against the pleasure of the Lord Matt. 18 18. Wherevpon looke our ● Section So that if this opinion take place it followes that Christ hath suffered all his extremities only to submit his Spouse the Church that is to say all Christians to the soueraigne Empire of the Pope Which is directly contrarie to the law of God and Nature But now because of all the arguments of our Aduersaries three principally seem to be of som waight we will also examine them First that Peter hath