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A51460 An historical treatise of the foundation and prerogatives of the Church of Rome and of her bishops written originally in French by Monsieur Maimbourg ; and translated into English by A. Lovel ...; Traité historique de l'établissement et prérogatives de l'Eglise de Rome et de ses evêques. English Maimbourg, Louis, 1610-1686.; Lovell, Archibald. 1685 (1685) Wing M289; ESTC R11765 158,529 442

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Council over the Pope What in signifies in M. Schelstrates Manuscript That the Pope Elected cannot be bound The Judgment of the Vniversity of Paris and of the Gallican Church concerning the superiority of a Council over the Pope p. 317 CHAP. XXVI The state of the Question touching the Power that some Doctors have attributed to Popes over the Temporal THE distinction of the direct and indirect Power p. 341 CHAP. XXVII What Jesus Christ and his Apostles have taught us as to that A False distinction of Buchanans refuted It was upon an obligation of Conscience and not through weakness that Christians obeyed infidel Emperors and Persecutors The Allegiance that Subjects owe to their Sovereigns is of Divine Right with which Popes cannot dispence All the passages cited for the contrary opinion are understood contrary to the interpretation of the Fathers of the Church which is forbidden by the Council of Trent p. 345 CHAP. XXVIII What hath been the Judgment of the Ancient Fathers of the Church as to that Point THE distribution that God hath made of the Spiritual for the Church and her Pastors and of the Temporal for Kings An Exhortation of the passage Here are two Swords Dominion forbidden to the Popes and how p. 359 CHAP. XXIX The Judgment of Ancient Popes touching the Power over Temporals that some Doctors of late times attribute to the Pope THE Testimony of Gelasius Of Gregory II. That Pope offered not to depose Leo Isauricus nor to make Rome revolt against him Testimonies of Pelagius I. Stephen II. St. Gregory the Great and of Martin I. supposititious Bulls of St. Gregory Pope Gregory VII is the first that offered to depose Emperors Pope Zachary deposed not Childerick and Leo III. transferred not the Empire to Charlemagne p. 370 CHAP. XXX What hath always been the Opinion of the Gallican Church and of all France as to that The Conclusion of this Point and of the whole Treatise HOW the Bishops of France opposed the attempts of Gregory IV. against Louis the Debonnaire They have always done the like upon all occasions What the Chamber of the Clergy declared concerning the absolute independence of our Kings in the Estates Assembled in 1914. Their Declaration in the year 1682. in relation to the same Subject The sentences of Parliament and the Edicts of Kings upon the same occasion Conclusion of this Treatise p. 387 AN Historical Treatise Concerning the FOUNDATION AND PREROGATIVES OF THE CHURCH of ROME And of her BISHOPS CHAP. I. The Design and Draught of this Work and the Principle on which it moves TO maintain a State in peace and tranquillity which makes Subjects happy according to the scope that true Policie proposes to it self The first thing that is to be done is to beat off the enemy that hath taken up Arms for the ruine of it and then to take care that the quarrels and troublesome contests which sometimes arise amongst the chief members of the State proceed not so far as to occasion a Civil War All Christians agree that the true Church of Jesus Christ is that Spiritual Kingdom which he came to establish in this world and which nevertheless as he himself hath said is not of this world because the whole end of it is to procure us eternal happiness a thing no ways to be attained to upon Earth Hereticks and Schismaticks have often risen against the Lord and his Christ that they might overturn that beautifull kingdom and establish their particular Churches upon its ruines every one pretending that his is the Church of the Lord though indeed they be no more all of them but the Synagogue of Satan and the Kingdom of him who in the Gospel is called the Prince of this world Besides it falls out many times that amongst Catholicks who alone are members of the true Church disputes and controversies arise which may trouble the tranquillity and peace that Jesus Christ hath left unto them for securing their happiness in his Kingdom It is necessary then for the service of the Church and for maintaining it always in the flourishing state wherein Jesus Christ hath established it to fight and beat off the enemies that attack it and to compose and calme the quarrels that arise amongst the children of the Church about points that are disputed with heat on all hands and which might in the end disturb the repose and peace of the Kingdom of the Son of God As I have wholly devoted my self to the service of the Church so have I endeavoured as much as lay in my power to acquit my self of the former of those two duties in my Treatises of Controversie and especially in that of The true Church I think I have been pretty successfull in that engagement and repelled all the efforts of our Protestants in making it appear by evident and unanswerable Arguments That there is no true Church but ours which is enough without more dispute to put an end to all our Controversies since they acknowledge with us that the true Doctrine is always that of the true Church of Jesus Christ I discharge my self also as well as I can of that obligation in one part of that Treatise where I maintain against Hereticks the declared enemies of the Holy See the primacy rights power and authority of the visible head of the Church At present then that I may fulfill my duty in its full extent I must labour to prevent the springing up of any dangerous division amongst Catholicks by reason of some private opinions that divide them as to that important subject of the Church into which they are all equally incorporated Now that I may solidly carry on so laudable and necessary an undertaking It is at first to be presupposed that according to Catholick doctrine the Universal Church which ought allways to be visible and to continue without Interruption untill the consummation of all things is the Society of Christians dispersed all over the World united together by the profession of the True Faith the participation of the True Sacraments by the bond of the same Law and under one and the same Head Because the Church Joh. 10. v. 16. Ephes 1. v. 22. August Ep. 50. whose first and principal property is to be perfectly one is the mystical body of Jesus Christ and that the members of a living body may receive the influences of life they must be united to the Head Hence it is that according to Saint Austin Epist 48. p. 151. l. de un Eccl. c. 4. though one may have all the rest yet if he be separated from the Head and by consequent from the body which is united to him he is out of the Church Catholick by Schism as Hereticks are cut off from it because of the want of True Faith And as all the members of the body have not the same functions but the parts that constitute it being subordinate one to another in a lovely order there are some which are for giving motion to the
rest by the spirits that they send over all and some for distributing the nourishment which the rest receive for growth and for perseverance in the perfection of their state So amongst the multitudes of believers that make up the Church and who cannot all be immediately governed instructed and edified by one single man for edification of the body of Jesus Christ there must be as the great Apostle speaks a great diversity of Ministers and many Pastours subordinate one to another in an holy Hierarchy Act. 20. v. 28. to the end the people may have the Sacraments administred unto them be instructed and governed And that 's the reason that there are in the world so vast a number of particular Churches which have their several Bishops and which are all subordinate to a Principal Church of which the Bishop is the head of all the rest And these being assembled in name of their Churches in an Oecumenical Council represent the Universal Church which we believe to be infallible for absolutely deciding the points of Faith when her Bishops who are the Pastours and Teachers of Christians being one and the same as well as she say in her name to all her members in perfect unity Visum est Spiritui Sancto vobis For as the Universal Church is a whole consisting of all believers and of all particular Churches which are one by the Communion which they have with one Principal Church that is the source principle root and centre of their Unity as Saint Cyprian speaks So according to the doctrine of the same holy Father Episcopatus unus est multorum Episcoporum concordi numerositate diffusus Cypr. l. de unit Eccl. Epist 55. there is but one Episcopacy in the Church whereof each Bishop fully possesses a part and by consequent there is but one Chair wherein all Bishops sit by virtue of the Union which they have with him Episcopatus unus est cujus à singulis in solidum pars tenetur Cypr. Ep. 52. Ecclesia una Cathedra una Domini voce fundata Cyp. Ep. 40. Ad Trimitatis instar cujus una est atque individua potestas unum esse per diversos antistites sacerdotium Sym. Ep. ad Aeon Arclat whom they ought to acknowledge for their Head This Pope Symmachus explains in a very sublime manner by an excellent comparison taken from the Trinity In the same manner saith he as there is but one Omnipotence by the Unity of Essence and Nature which so unites the three Persons that they are but one God So amongst the many Orthodox Churches throughout all Christendom there is but one onely Priesthood that is to say but one Episcopacy through the unity not onely of Faith and Belief but also of communion of all the Bishops with a Head whence results that unity which is inseparable from the Church of Jesus Christ This being presupposed in which all Catholicks do agree Aug. on Ps 101. it is certain that Jesus Christ himself hath established his Church which he purchased by his own bloud and unto which he hath given the Faith Act. 20. v. 28. the Sacraments the Law of Grace in his Gospel and a visible Head to represent him as his Vicar upon Earth And as from a very small beginning it hath enlarged it self according to the Prophecies over the whole earth So also the Apostles and their Successours after the departure of Jesus Christ have founded particular Churches establishing them themselves or ordaining Bishops for governing the believers distributed into several Dioceses in all the quarters of the World Now seeing that particular Church which within a few years after the Ascension of Jesus Christ was setled in the Capital City of the Empire is without doubt the most illustrious of all others that on the one hand Hereticks not being able to endure its splendour and greatness have always furiously risen up and conspired to destroy it and that on the other all Catholicks who are sensible of the real advantages that distinguish it from all others are nevertheless divided about certain prerogatives which some attribute to it and others dispute I shall shew without speaking of other Churches what hath been the first establishment of that of Rome what is the excelling dignity thereof and what are the prerogatives rights and privileges of its Bishops And because a subject of this nature is not to be handled by Philosophical reasonings but by matters of fact drawn from Scripture interpreted according to the Fathers Councils and ancient Traditions which are the two principles of true Theology therefore you are not to expect any speculation or Philosophy in this Treatise which is purely Historical I do in the very entry declare that there is nothing of mine in this work For I doe no more but as a sincere and exact Historian barely alledge by uncontroverted matters of fact drawn from the one or other of those two sources what venerable Antiquity believed concerning that important matter This method we usefully employ against our Protestants We make it clearly out to them that what we believe of the Eucharist the Sacrifice of the Mass the Invocation of Saints prayer for the dead and other controverted points is the ancient Doctrine of the Church and that so their belief contrary to ours being new is false We force them to acknowledge that what they hold with us concerning Infant Baptism the Baptism of Hereticks and the change of the Sabbath into Sunday of which Scripture makes no mention they have it onely from Tradition and the ancient Practice of the Church and that therefore they reject the anabaptists because of the Novelty of their Doctrine And this is also the great Principle that the ancient Fathers made use of against the Hereticks of their times Let us onely consult the order of time Ex ipso ordine manifestatur id esse dominicum verum quod sit prius traditum id autem extraneum falsum quod sit posterius immissum Tertull de praescr c. 32. and we shall know that that which hath been first taught us cometh from the Lord and that it is truth but that on the contrary what new thing hath since been introduced cometh of the Stranger and is false And in his fourth Book against Marcion Quis inter nos determinabit nifi temporis ratio ei praescribens autoritatem quod antiquius reperietur ei praejudicans vitiationem quod posterius revincetur l. 4. cont Marci c. 4. Who can put an end to our differences unless it be the order and decision of time which Authorizes the Antiquity of Doctrine and declares that defective which comes not till after that ancient Belief Upon the same ground St. Jerome who flourished about the end of the fourth Century said to one of his Adversaries who would have made a new Party in the Church Why do you offer after four hundred years Cur post quadringentos annos docere nos
which being barely related will clearly determine that affair Sergius Patriarch of Constantinople being corrupted by Theodore Bishop of Pharan Lateran Synod sub Martr 1. Authour of the Heresie of the Monothelites who would not acknowledge two Wills and two Operations the one Divine and the other Humane in Jesus Christ undertook to spread that Heresie all over the East For that end seeing he had already on his side Cyrus Bishop of Phasis Histor Miscell l. 18. Cedren Zonar in Heracl who was shortly after Patriarch of Alexandria Macarius Patriarch of Antioch and Athanasius Patriarch of the Jacobites he acted so cunningly that being powerfully seconded by these three Bishops who were much esteemed by the Emperour Heraclius he drew that poor Prince in his declining Age into that Heresie So that he prevailed with him to make that famous Edict under the name of Ecthesis or the exposition of Faith whereby he commands all his Subjects inviolably to follow that Doctrine And then that Patriarch of Constantinople having caused it to be signed by all the Bishops of his Patriarchy whom he had assembled in a Council he affixed it upon the Doors of his Cathedral Church at the same time that Cyrus planted the same Heresie in Aegypt Now seeing Sophronius Patriarch of Jerusalem vigorously opposed it he caused that pernicious Doctrine that came near the Errour of Eutyches who confounded the two Natures in Jesus Christ reducing them singly into one to be condemned in his Synod as the Council of Chalcedon had condemned the other Sergius finding himself attacked in this manner Sect. Syn. Act. 12. wrote a long Letter to Pope Honorius wherein he accuses Sophronius of troubling the Peace of the Oriental Church by introducing a new Doctrine by these new terms of Two Wills and Two Operations which had never been heard of before neither in the Fathers nor Councils Cyrus failed not to second his Collegue in Impiety complaining as he had done of Sophronius to the Pope And that Patriarch also on his part did what he ought in defending himself well and in making known to Honorius the extreme danger they were in in the East of seeing errour triumph by power and by the Artifices of these Hereticks if a speedy course were not taken It was never more apparent than on this occasion that when the Catholick Faith is to be declared one must never biass nor dissemble and conceal part of truth for reconciling both parties and bringing back to the Church those Sext. Synod Act. 12. who through Heresie or Schism have separated from it Honorius who was a very peaceable Man and so zealous for the peace of the Church that he endeavoured to accommodate all matters and content both parties Wrote back to Sergius in a manner whereby that Patriarch and his party took great advantage publishing in all places and persuading many by the reading of these Letters That the Bishop of Rome owned at that time by the Greeks for Head of the Church and Ecumenical Pope approved their Doctrine which rendered the party of the Monothelites more powerfull than ever The Successours of Honorius Hist Miscel Cedr Zonar who in the interim died took a conduct quite contrary to his for quenching that great conflagration that spread over all the East John the IV. in his Council of Rome annulled all the Decrees which these Monothelites had made in their Synods Pope Theodore condemned and deposed Pyrrhus Anastas in Theodor who succeeded Sergius and maintained his Heresie and after him his Successour Paul the most furious of all those Hereticks who as a foaming and raging Bear ravaged the Vineyard of our Lord For he grew to that height of more than Barbarous fury as to cause the Popes Nuncio's sent to Constantinople for remedying these disorders to be scourged The Illustrious Pope Martin Auct Vit. S. Mart. Pap. Successour to Theodore acted more vigorously than his Predecessour For in a Council of an Hundred and five Bishops which he held at the Lateran where the Writings of the Monothelites were examined with the Petitions that were presented against them he declared their Doctrine Heretical Anathematised Theodore of Pharan Cyrus of Alexandria Sergius Pyrrhus and Paul Patriarchs of Constantinople who had always maintained it Exhorted the Gallican Church Epist Mart. Pap. ad Amand. Trajectens which hath always vigorously defended the Catholick Faith against all Heresies to thunder against this as he had done and solemnly condemned the Ecthesis or Edict of the Emperour Heraclius Hist Misc l. 19. Auct Vit. S. Mart. Anastas in S. Mart. Cedr Zonar in Constante This put the Emperour Constans Grandson of Heraclius and a great Protectour of the Monothelites into such a rage that he caused the Holy Pope to be carried away from Rome and having most outragiously used him Banished him into the Chersonesus where being overwhelmed with miseries and poverty he gloriously accomplished a long Martyrdom which shortly after was followed by the deplorable death of that Tyrant His Son Constantine Pogonatus a great Catholick by his prudent conduct repaired all the faults of that unhappy Prince For having settled the Empire by the great Victories which he obtained over all his Enemies he resolved also to give Peace to the Church which his Father had troubled near Fifty years by the Monothelites Anno 680. Hist in Miscel Cedr Zonar Anastas in Agath Id. Synod 6. Act. 9. For that effect with consent of Pope Agatho he called the sixth Council at Constantinople where the business of the Monothelites was sifted to the bottom and sovereignly determined to their shame In that Council there were above Two hundred Oriental Bishops four Legats of Pope Agatho Theodore and George Cardinal Priests John a Deacon who was afterwards Pope and Constantius Sub-deacon and on the part of the Council of Sixscore Bishops held for the same purpose at Rome Three Bishops the Deputy of the Archbishop of Ravenna and many other Learned Church-men and Monks who were sent thither from the Western Church The Writings that had past on both sides upon that subject Concil 6. Act. 12. were read there and particularly the Letter of Sergius to Pope Honorius and the Pope's Answer to that Patriarch And after they had been well examined this is the Judgment which the Council in the following Session solemnly pronounced against them and is the same which we have in all the Editions and particularly in the last of Paris Act. 13. Has invenientes omnino alienas existere ab Apostolicis dogmatibus à definitionibus Sanctorum Conciliorum Cunctorum probabilium Patrum sequi verò falsas doctrinas haereticorum eas omnino abjicimus tanquam animae noxias execramur Honorium qui fuerat Papa antiquae Romae eo quod invenimus per scripta quae ab eo facta sunt ad Sergium quia in omnibus ejus mentem secutus est impia dogmata confirmavit
but with the Holy Ghost according to those high Words which contain all the Force Authority and Soul of Oecumenical Councils Visum est spiritui sancto nobis This is so true that if after the great Council of Nice for example defined by Plurality of Voices that the Word is consubstantial to the Father the Pope St. Sylvester had not received that definition and believed the Consubstantiality of the Word as the Arians did not he would have been reckoned an Heretick as well as they And therefore he failed not to consent to the Decrees of that Council by approving and confirming them by his own Assent and by the Assent of the Bishops whom he had assembled at Rome upon that occasion I offer you says he in his Epistle to the Fathers of Nice if that Letter be true as Cardinal Baronius thinks I offer you my Hand and that of my Disciples Meum chirographum discipulorum meorum in vestro sancto concilio quicquid constituistis unà parem dare consensum T. 1. Concil for consenting with you to all that ye have determined in your holy Council And it 's that precisely which in the Ancient Church is called the confirming of a Council to wit to consent by Vote and an authentick Act to what hath been established in it That appears evidently by the Letters of two great Popes St. Leo and St. Martin The Council of Chalcedon made Decrees concerning the Faith for condemning the Heresie of the Eutycheans and the Remains of that of the Nestorians and by the eight and twentieth Canon thereof to honour the Imperial City the second place among the Patriarchs was given to the Patriarch of Constantinople which is contrary to the Council of Nice that disposed of it otherways and to which St. Leo also would never condescend what Instance soever the Fathers of Chalcedon made to him for it He was nevertheless apprehensive that this might have a bad Effect and that because of that Refusal it might be thought in the World that he would not consent to the determinations of that Council which had so well asserted the Faith against the Heresie of Eutyches therefore he wrote to them in these terms Ne per malignos interpretes dubitabile videatur utrum quae in Synodo Chalcedonensi per unanimitatem vestram de fide statutae sunt approbem haec ad omnes fratres Coepiscopos nostros scriptae direxi Vt fraternitas vestra omnium fidelium corda cognoscant me non solum per fratres qui vicem meam executi sunt sed etiam per approbationem g●storum synodalium propriam vobiscum iniisse sententiam in sola fidei causa c. St. Leo Ep. 61. Syn. Chalced. Lest by malign Interpreters of my Intentions it might seem doubtful whether or not I approve what you have with unanimous Consent determined concerning the Faith in the Council of Calcedon I write to all my Brethren and Fellow-Bishops these Letters which the most glorious Emperour as he hath desired will deliver unto you to the end your Fraternity and all Believers may know that not only by the Approbation of my Legates but also by my own I have joyned my Judgment to yours but only in those Points which concern the Faith for the sake of which this Universal Council hath been celebrated by the express Order of the Emperours and the Consent of the Holy Apostolick See You see then that to approve a Council according to St. Leo is to conform in Judgment to that of the Fathers and to consent to the Definitions that have been made in it This is still more clearly apparent by the circulatory Letter which the Pope St. Martin wrote to St. Amand Bishop of Vtrecht and to all the Bishops of France sending them the Acts of the Council of an hundred and five Bishops whom he had assembled at Rome against the Monothelites Ann. 549. and exhorting them to subscribe to them in a Council of the Gallican Church Secundum tenorem Enclyticae à nobis directae scripta unà cum subscriptionibus vestris nobismet destinanda concelebrent confirmantes consentientes iis quae pro orthodoxâ fide destructione haereticorum vesaniae nuper exortae à nobis statuta sunt Mart. 1. Ep. ad Amand. Traject ext post Act. Concil Later sub Mart. and to send them back to him with their Subscriptions whereby we may see That they confirm and consent to all that hath been defined in the Council of Rome for the Catholick Faith and for overthrowing that furious Heresie which of late hath risen against the Church He desires that the Bishops of France may confirm the Decisions of Rome concerning a Point relating to Faith it is not for all that to be said that the Gallican Church is superiour to the Roman and there would be no reason to say so because to confirm Definitions is nothing else as St. Martin explains himself but to consent unto them by Vote and Suffrage So that every Bishop who subscribes to the Decrees of Council approves and confirms it in consenting to it by his hand-writing which perfectly agrees with what St. Cyril of Alexandria wrote to the Bishop of Meteline whom some would have made believe Ne credat hoc sanctitas tua scripsit ènim consona sanctae Synodo omniaque nobiscum confirmavit nobiscum sentit Cyril Alex. Epist ad Acacium Meliten Episc that the Pope protected Nestorius Believe it not said he to him for I assure you that the Pope hath written to us conform to the Decisions of the Council of Ephesus that he hath with us confirmed all the Acts and that he agrees with us in one and the same Judgment This it is then which the Popes themselves call confirming a Council and it is never to be found in the Ancient Church that Councils by their Synodal Letters directed to the Popes have demanded any other Confirmation of their Decrees relating to the Faith than their Consent and Approbation which they were obliged to give For in fine if the Holy Ghost speaks by a Council lawfully called when they pronounce concerning a matter of Faith and that they say Visum est spiritui sancto nobis the Pope must needs approve and obey what the Holy Ghost hath said And if the Holy Ghost speak not by the Council until the Popes have given their Approbation to it then might they alone by refusing that have been the cause that the Holy Ghost who is to teach us all Truth might never have instructed us and that Arianism and all other Heresies had only been tolerable Opinions which in my Judgment no Man dares to say CHAP. XVIII That Ancient Councils have examined the Judgments of Popes that they might pronounce the last and definitive Sentence upon them THough Councils have always had a great Respect for the Popes and that in great Controversies which have given occasion for calling them for giving a supreme
People except a very few who still adhered to the Schismaticks Martin V. who was chosen Pope in place of John XXIII in the forty fifth Session approved the Decrees which had solemnly been made in that Council and protested that he would observe them inviolably In fine in the Bull wherein he enjoyns what is to be asked of Hereticks who return from their Heresie amongst others this Article is put Whether they believe not that all Believers ought to approve and hold what the holy Council of Constance representing the Vniversal Church holds and approves for the Integrity of the Faith and the Salvation of Souls and whether they condemn not and repute not condemned what the same holy Council hath condemned and condemns as contrary to the Faith and good Manners This without doubt is one of the most authentick Approbations that a Pope can give to a Council Now seeing in compliance with a Decree of this Council the Pope had called another at Pavia afterward at Sienna and lastly at Basil where it was held fourteen Years after that of Constance under Eugenius IV. who caused the Cardinal Julian of St. Angelo named by his Predecessor for that Function to preside in it in his place that Council in the second Session when without contradiction it was very lawful the Pope presiding therein by his Legate renewed those two Decrees and defined the same thing in the same terms touching the Superiority of General Councils to which Popes were obliged to submit in matters concerning the Faith the extinction of Schism and the Reformation of the Church in its Head and Members This was not all for sometime after Eugenius having sent the Archbishops of Colossis and Taranto to the Council to represent the Reasons and Authority that he had to dissolve it and to transfer it to another place The Fathers in a general Assembly made a Synodal Respons Synod Sess 6. Answer by way of Constitution containing more than twenty four large Pages wherein having refuted all the Reasons whereby one of these Archbishops would have proved the Superiority of the Pope over a Council Septemb. 1432. they on the contrary evince by many Reasons and by the Authority of the Council of Constance and of the Gospel which remits St. Peter to the Church that the Council which represents her hath all her Authority and again define once more that the Council is above the Pope However Eugenius dissolved it contrary to the Advice of Cardinal Julian who presided therein But when he perceived that that began to produce very bad Effects Ann. 1433. he made the Year following a new Constitution whereby annulling and rescinding all that he had done for dissolving it Illas alias quascunque quicquid per nos aut nestro nomine in praejudicium der●gationem sacri Concilii B siliensis seu contra ejus authoritatem factum attentatum seu assertum est cassamus revocamus nullas irritas esse declaramus that that Council had lawfully continued till then from the Beginning and approves whatever had been done in it even so far as to declare null certain Constitutions in one whereof he declared that in matters belonging to the Government of the Church he had power over all Councils And that was so authentick and solemn that Pius II. even in the Bull of his Retractation ingenuously confesse that Pope Eugenius consented to the Decrees of that Council Accessit i●sias E●g●nit consen●us qui dissolutionem Con●●●ii à se sactam revocavit progressam e●●e approbavit approved its progress and continuation and recalled the Bull whereby he had dissolved it There are two Councils then without speaking of that of Pisa whereof the Council of Constance was a continuation and two Councils in formal terms approved by two Popes Martin V. and Eugenius IV. and these Councils determine the one during the Schism and the other after the Schism was extinct that every Council representing the Universal Church is superiour to the Pope Now all the Doctors of that party which hold for the Pope's Superiority acknowledge that a Council universal and approved cannot err in its Decisions whence it may easily be concluded that since the Decrees of these Councils one is obliged to believe what all Antiquity before these Councils believed that is that an Oecumenical Council lawfully assembled is above the Pope I don't see how one can avoid this without finding ways to invalidate the Authority of the Councils and particularly of that of Constance which is held for the sixteenth General Council And this a modern Author hath attempted to do in a Book written on purpose and last Year printed at Antwerp by John Baptista Verdussen We are now to see how he hath succeeded in it CHAP. XXII Of the Writing of the Sieur Emmanuel Schelstrate against these two Decrees of the Council of Constance THree years since Ann. 1682. Cleri Gallicani de Ecclesiasticâ potestate declaratio the Clergy of France representing the Gallican Church being by Order of the King assembled at Paris made an authentick Declaration in four Articles of what they believe and define concerning Ecclesiastical Power conform to the Holy Scriptures Tradition and the practice of the whole Church and particularly of that of France Amongst other things they declare in the second Article That the Popes Successors of St. Peter have in such manner full power over the spiritual That the Decrees of the holy Council of Constance approved by the Holy Apostolick See and contained in the fourth and fifth Session concerning the Authority of General Councils must also remain in their full force and not at all be infringed And they add That the Gallican Church approves not the Opinion of those who would weaken these Decrees and rob them of all their force saying that their Authority may be called in question that they are not sufficiently approved or that they extend not beyond the time when there is a Schism in the Church Doubtless there is nothing more authoritative and at the same time more modest than that Declaration of a Church so venerable in all Ages as the Gallican hath been and which next to that of the Apostles hath always maintained and made the Catholick Faith to flourish in France in its full Integrity without having been ever suspected of the least Error Nevertheless there is a late Writer to wit the Sieur Emmanuel Schelstrate Canon of Antwerp and Under-Library-keeper of the Vatican who as he declares at first in the Scheme of his Dissertation undertakes to overthrow all that the Clergy of France hath asserted concerning these Decrees and to shew in three Chapters first that one may and ought rationally to doubt of their Authority secondly that it is only to be understood during the time of a Schism and in regard of controverted Popes and lastly that they are so far from being approved that they have been manifestly rejected by an express Bull. Now
Council And therefore to remove all ambiguity and to prevent the wresting of these words to a sense contrary to the Superiority of a Council they said that instead of Regendi Ecclesiam universalem it ought to be put into the Canon Potestatem regendi omnes fideles omnes Ecclesias that the Pope hath the Power of Governing all Believers and all Churches which is to be understood of all not Assembled in Council but taken severally and in particular none of them being exempted from the Jurisdiction of the Pope in what relates to the publick good the general Government and the cases limited by the Canons So careful even to a scruple have our Ancestors been to stand upon their guard on that side that no attack in the least might be made against the ancient Doctrin always inviolably observed in this Kingdom And it is most remarkable that at that time when the Doctors of Paris most strenuously maintained that Doctrin after the Councils of Constance and Basil against those that strove to invalidate their Decrees Innoc. VIII Litter ad Theol. Paris 7. i● Sept. Ann. 1486. Innocent VIII sent them a Brief wherein he makes their Elogy and amongst other things magnifies the greatness of their zeal which they expressed for maintaining the honour and rights of the Holy Roman Church and for defending the Catholick faith against the Heresies which they incessantly confuted After all that I may end where I began to handle this question I shall conclude with the testimony of another Pope whom the Authors who will have it as M. Schelstrate will that Popes are above Councils can never reject And that is Pius II. who when he was no more but Aeneas Sylvius Picolomini Clerk to the Council of Basil whereof he hath given us the History maintained with all his might as well as the Doctors of Paris that the Authority of a General Council is Superior to that of a Pope But when he himself was promoted to be Pope he thought for a reason that may easily be guessed at that he ought to make known to the World that he had changed his Opinion and that then he thought the quite contrary of what before he had maintained with all the heat that a Man ought to have who is well persuaded of the Justice of the Cause whereof he undertakes the defence And that he solemnly did by a Bull wherein he retracts and in that Recantation that he might declare that he followed another Opinion he would not stiffle the manifest truth concerning the nature of the Opinion which he forsook and of the other that he embraced For in this manner he speaks in his Bull hinting at the Conferences and Disputes that were had with Juliano Cesarini Cardinal of St. Angelo who stood up for the interest of the Pope as much as he could and yet for all that agreed in Judgment with the Council wherein he presided Tuebamur antiqaam seutentiam i le novam defendebat Extollebamus generalis concilii autoritatem ille Apostolicae sedis potestatem magnopere commendabat He defended says that Pope the Ancicient Doctrin and he took the part of the new We extolled the Authority of the Vniversal Council and he magnified extreamly the Power of the Apostolick See This now is plain dealing Pius II. in Bull. retract That Pope who was willing to change his Opinion with his condition which after him Adrian VI. did not declares fairly and honestly in his Bull that the Doctrin whereof he had formerly undertaken the Defence concerning the Superiority of a Council is the Doctrin of Antiquity and that the other is new And that is all I would be at I need no more to gain my cause For all that I have pretended to in this Treatise is to shew what Antiquity hath believed concerning the Points in hand So that after so authentick a Declaration of Pope Pius II. I have ground to say as to this Article what I have already oftener than once said in relation of the others with Pope Celestin I. writing to the Bishops of the Gallican Church Desinat incessere novitas vetustarem CHAP. XXVI The state of the question touching the Power that some Doctors have attributed to Popes over the Temporal I Have if I mistake not made it clearly appear in all the preceding Chapters of this Treatise how far the Ancient Church hath believed that the Power over Spirituals which Jesus Christ gave to St. Peter and his Successors as Heads of the Universal Church extended I am now to shew whether according to the Judgment of venerable Antiquity they have also any Power over the Temporal of any person whatsoever and especially of Kings and other Sovereigns by virtue of the primacy that by Divine right belongs to them Heretofore there have been some so passionately concerned for the Grandieur of the Apostolical See or rather so blindly devoted to the Court of Rome that differs much from the Holy See that they have dared to publish that the Pope representing the person of Jesus Christ who is King of Kings Lord of Lords and Universal Monarch who hath an absolute Power over all Kingdoms from which he may even depose Kings if they fail in their duty as these Kings may turn off their Officers who behave not themselves as they should And this is called the direct Power which Boniface VIII thought fit to take to himself in his Tuae unam Sanctam that his Successor Clement V. was obliged to recal That is not the question here For I cannot think that now a days there is any Man who hath the boldness to maintain so palpable and odious a falshood But there are a great many beyond the Alps who by the Philosophical distinction of an indirect Power which they have invented teach that the Pope may dispose of Temporals depose Kings absolve Subjects from their Oath of Allegiance that they have taken to them and transfer their Dominions to others when he judges it to be necessary for the good of Religion because say they since he hath the inspection over every thing that concerns it so hath he Power to remove destroy and exterminate every thing that may annoy the same and by that clinch they cunningly enough come home to their Point though they would seem to forsake it For a Pope will always take the pretext of the welfair of Religion when he has a mind to undo a Prince as all these Popes have done who after Gregory VII deposed Emperors and since them Julius II. who transferred the Kingdom of John King of Navarre to Ferdinand King of Arragon because that King would not declare against Louis XII whom this Pope persecuted Now seeing that Opinion which the Gallican Church and all our Doctors have always reckoned very dangerous and inconsistent with publick tranquillity hath still vouchers amongst some Modern Doctors especially beyond the Alps I must now make it appear according to the method which I have
Churches And seeing it was not doubted but that Pope John XII in the manner he set about it acted with all his Authority and Force to introduce and establish that Error in the Church so also was it believed in that Fourteenth Age that the Pope teaching the Church might err and that he is not Infallible but when he pronounces from the Chair of the Universal Church as Head of it in a general Council or with consent of the principal Members of the Church who are the Bishops CHAP. XV. The Tradition of the Church of Rome as to that IT will be no difficult Task for us to prove that that Doctrine is conform to the constant Tradition of the Church of Rome as appears by the conduct of ancient Popes who in great Controversies about Faith after that they themselves had pronounced against Error have thought that for condemning it by a sovereign and infallible Sentence there was need of a Council or at least by another way the consent of the Church Vt pleniori Ju●acio omnis possice ror aboleri Ep. 15. ad Ephes concil to the end that Error might be abolished by a more solemn and decisive judgment said the great St. Leo writing to the second Council of Ephesus though he himself had already condemned Eutyches in his particular Council which for that end he held at Rome This hath been confirmed by the Popes of the last Age when that after Leo X. had published his Bull against the Errors of Luther Solumque Concilium generale remedium à nostris praedecessoribus in casu simili usurpatum superesse Clem. VII in Bull. indict Concil 1533. Tam necessarium opus Pius IV. in Bull. confirm they declared in their Bulls speaking of the Council of Trent which was called for the supreme Decision of that Controversie that that was the last and necessary Remedy which had always been made use of by their Predecessors on the like Occasions Wherein all the Popes perfectly well agree with the fifth Council which for proving that necessity alledges the Example of the Apostles who decided in common with St. Peter the Question touching the Observation of the Law of Moses Nec enim potest in communibus de fide disceptationibus aliter veritas manifestari and then declares that otherways Truth cannot be found in Controversies that arise about the Faith It is evident by that that the Popes and that Council did not believe that the Pope was infallible for had they believed him infallible they would also have been persuaded that it was sufficient to consult that Oracle or that after his Responses and Decisions it would not have been necessary for abolishing Error entirely to have recourse to the determination of the Church represented by a Council But if it be said that there are some Heresies which the Popes alone have condemned and which have always been reckoned lawfully condemned without the Interposition of a Council it is easily granted but at the same time it may be said that that concludes nothing at all because in the three first Ages of the Church there were Heresies such as that of Cerinthus of the Ptolemaits the Severians Bardesanites Noetians Valesians and many others that single Bishops or particular Synods have condemned and which we are obliged to account Heresies tho neither Popes nor General Councils have had any hand in their Condemnation Not that these Bishops and Synods are infallible but because all the other Bishops who abominated these Heresies as much as they condemned them as they had done by approving all that they had done So when Popes have decided against any Doctrine which is afterward to be esteemed heretical it is so because they have defined with consent of the Church which hath received their Constitutions as we have in our days seen an illustrious Instance of it That which more confirms that ancient Tradition of the Roman Church is the great number of Popes who condemning some of their Predecessors after Oecumenical Councils have thereby declared that they themselves no more than others have not received of God the gift of Infallibility which he hath only bestowed upon his Church And indeed two great Popes of the last Times were so fully persuaded of this that they would not accept of it from the hands of men that would have attributed it unto them The first is Adrian VI. who in his Commentaries upon the fourth of the Sentences Art 3. de Mines confirm says positively and in a most decisive manner Certum est quod Pontifex possit err are etiam in iis quae tangunt fidem haeresi●● per suam determinationem aut decretalem asserendo that he is certain the Pope may err even in matters belonging to the Faith teaching and establishing a Heresie by his Definition or by his Decretal which afterwards he proves by many Instances and very far from following Pius II. and changing Opinion as he did when he came to be Pope he persisted in it so constantly that he thought fit during his Pontificat that a new Edition of his Book should be printed at Rome exactly conform to that which he published when he was Doctor and Dean of Louvain wherein that Passage is entire without the Omission or Alteration of one single Word The second is Paul IV. who before his promotion to the Papacy had been great Inquisior Relat. Joann Hay Paris Theol. Addit aux mem de Casteluam c. 2. b. 6 the most severe and zealous that ever was for the preservation of the purity of the Catholick Faith against all Heresies Num matrimonium per verba de prasenti contractum quod est verum matrimonium verum sàcramentum juxta sanclorum Theolegorum sententiam authoritate n●stra dissolvi possit intelligo cum carnalis nulla conjunctio intercessit This Pope in the Year One thousand five hundred and fifty seven held a great Congregation of Cardinals Bishops and Doctors at Rome for the examining that important question Whether by the power of the Keys which Jesus Christ had given him as Successor to St. Peter he could dissolve the Marriage which the Mareschal of Montmorency had contracted in formal terms de praesenti with the Lady de Piennes Having proposed the matter to them by giving them to understand that the Question was about the deciding of a Point of very great Importance concerning a Sacrament he declared to them that he would not have them alledge to him the Examples of his Predecessors Non dubito quin ego decessores mei errare aliquando potuerimus non solum in koc sed etiam in pluribus aliis rerum generibus that he would not follow them but in so far as they were conform to the Authority of Holy Scripture and solid Reasons of Divinity For I make no doubt added he but that my Predecessors and may fail not only in this but in many other things Which he even proved by Testimonies
seemed they had done in the first Article of their address That was the sole cause of the difference that was betwixt the two Chambers as that of the Clergy informed Pope Paul V. in the answer they made to his Brief of the last of January one thousand six hundred and fifteen Augebamur enim non mediocriter cum videremus ipses Catholicos zelo quodam minus prudenti abreptos cognitionem earum rerum quae ad fidem pertinent ad se trahere de quaestionibus ejusmodi statuere velle quas nisi pastorum suorum vocibus edocti non debeant attingere Sed ea molestia è vestigio in laetitiam versa est postquam iidem nostris monitis justis rationibus adducti demum agnoverunt omnem hanc autoritatem penes Ecclefiam eosque solos esse quos illa fidelium gregi preesse voluerit 7 Calend. Nartii We were not a little troubled say these Prelates to see even Catholicks transported with an undiscreet zeal offer to take cognisance of matters relating to Faith and to decide such kind of questions as they must needs first be instructed about by their Pastors before they can meddle with them But our grief was soon changed into gladness when these Gentlemen yielding to our Admonitions and just Remonstrances at length acknowledged that none but the Church hath that Authority and that none but the Pastors have from her received the Power and Right of instructing and guiding the Flock That was the thing in question and not at all the substance of the Article wherein the Clergy of France agreed though they judged it not a proper business to be proposed in the Estates especially at that time The truth is that Chamber of the Clergy was so far from invalidating in the least the substance of the Doctrin contained in that Article and in all times received in France concerning the absolute independence of our Kings as to Temporals that on the contrary they oftener than once protested that they acknowledged that independence Manifeste de ce qui se passa aux Estat Generaux entre le Clergi et le Tiers Estat 1615 and that it ought to be held for a Maxim That the King in Temporals can have no other Superiour but God alone Discours veritable de ce qui se passa aux Estats Generaux and that the Vicar of Jesus Christ hath no jurisdiction over matters purely Temporal So that although the Clergy declared that it belonged only to the Church to handle and decide a Point of Doctrin and Religion nay and that that was not an affair to be consulted about in the Estates Procés verbal de cequi s'est passé en la Chambre du Tiers Estat Avis donné au Roy en son Conseil par M. le Prince sur le Cahier du Tiers Estat yet they avowed that they believed in substance the same thing which the third Estate had proposed and which the late Prince of Conde a great Defender of the Catholick Faith most prudently represented to the King in Council the fourth of January the same year and which the University of Paris expressed in most significant terms in their Petition presented to the Estates upon the same occasion the two and twentieth of January To wit Discours veritable dece qui s'est passé c. That our Kings depend upon none but God us to Temporals and that there is no Power upon Earth that can depose them nor dispence with or absolve their Subjects from the Obedience and Allegiance that they owe to them under any pretext whatsoever That was their Doctrin which they would not have to be weakned or impaired in the Remonstrances which they had caused Cardinal Du Perron to make to the Chamber of the third Estate And certainly after so many proofs one cannot doubt of the Opinion of that learned Clergy always uniform as to that Point I might here produce a great many very convincing Testimonies but that would not be necessary now after that famous declaration which the Archbishops and Bishops assembled at Paris by order of the King in the year one thousand six hundred and eighty two as representing the Gallican Church have made of their Judgment concerning the Ecclesiastical Power This is the first Article of it whereby they declare That God hath given to St. Peter and his Successors the Vicars of Jesus Christ and to the Church Power over Spiritual matters which belong to Eternal Salvation but not over Civil and Temporal The Lord having said My Kingdom is not of this World and Render unto Cesar the things that are Cesars and unto God the things that are Gods And that Apostolical Decree ought to remain firm and inviolable Let every Soul be subject unto the higher Powers for there is no Power but of God The Powers that be are ordained of God whosoever therefore resisteth the Power resisteth the Ordinance of God That Kings and Princes then according to the Ordinance of God are not subject to any Ecclesiastical Power and that they cannot be deposed neither directly nor indirectly by the Power and Authority of the Keys of the Church that their Subjects cannot be exempted from the obligation that lies upon them to obey them nor be absolved from the Oath of Allegiance which they have taken to them and that that Doctrin ought inviolably to be observed as not only necessary for the publick Peace but also useful to the Church And as being conform to the word of God the Tradition of the Fathers and the examples of Saints This now is a positive Doctrin that saith all and all that I have written upon this Subject hath only been to exhibit the convincing proofs of all the parts of that Article which contains so excellent and solid a Declaration As to the sacred Faculty of Theology it hath never failed on any occasion to evidence its zeal for the true Doctrin authorising and confirming this by its Decrees and Censures of the contrary opinion from time to time renewed especially in the years 1413. 1561. 1595. 1610. 1611. 1620. 1726. And lately in the condemnation of an ultramontanean Jacobin by renewing the censure of the Book of Santarelli This appears still in a stronger and more Authentick manner Non esse Doctrinam Facultatis quod sammus Pontifex aliquam in Temporalia Regis Christianissimi antoritatem habeat imo Facultatem semper obstitisse etiam iis qui indirectam tantum modo illam Authoritatem esse voluerunt by the six Propositions that were presented to the King in the year one thousand six hundred threescore and three in name of the Faculty By my Lord De Prefixe Archbishop of Paris Visitor of the Sorbonne Take here two of them which relate to that Article Esse Doctrinam Facultatem ejusdem quod Rex Christianissimus nullum omnino in temporalibus habet supersorem praeter Deum eamque esse suam antiquam Doctrinam à quâ nunquam