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A04779 The right and iurisdiction of the prelate, and the prince. Or, A treatise of ecclesiasticall, and regall authoritie. Compyled by I.E. student in diuinitie for the ful instruction and appeaceme[n]t of the consciences of English Catholikes, co[n]cerning the late oath of pretended allegeance. Togeather with a cleare & ample declaratio[n], of euery clause thereof, newlie reuewed and augmented by the authoure Kellison, Matthew. 1621 (1621) STC 14911; ESTC S107942 213,012 425

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power because as I haue saied the Communitie at first had authoritie to choose which gouernement in particuler it thought most conuenient is not to be ascribed immediatly to God D. Tho. 1.2 qu. 90. a. 3● and. qu. 105. a. 1 ad 1. a second cause being found out sufficient to produce such an effect And so the Kings authoritie in particuler and taken determinatlie is not immediately of God or Nature but cometh to him by meantes not only of the peoples designation but also of the peoples gift and donation D. Th. 1.2 q. 105 ar 1. ad 1. and 2.2 q. 10. art 10. Caieta ib. Bellarm to 1. lib. 3. cap. 9. Suarez l. 3. de leg c. 4. Almai li. de potest eccl cap. 1. Prou. 8. Rom. 13. And this opinion is holden by the best Diuines both aunciēt and moderne But this not withstanding it is most true which God saith Per me Reges regnant Kings raigne by me To which his Apostle subscribeth sayeing Non est potestas nisi à Deo itaque qui potestati resistit Dei ordinationi resistit There is no power but of God therfore he that resisteth the power restisteth the ordinance of God because Kinges authoritie proceedeth mediatelie from God to wit by meanes of the authoritie of the Communitie which proceedeth immediatelie from God and Nature and it is also Gods prouidence that Kinges raigne ouer vs and God as the first cause cooperateth to their election and creation and approoueth also the same But yet for all this the people is a second cause of Kinges authoritie 13. If any obiect that Saul and Dauid were immediately created by God Kinges of the Iewes I answere that God in this preuented the people for the peoples good for otherwise the Iewes by lawe of Nature had authority to choose and create them selues a King as is already prooued Neither doth it hence follow that the people is aboue the King or is not bound to obey the King or can depose the King at their pleasure for although the people at the first created the King yet they created him not as a simple Magistrate or officer but as an Absolute Prince and they dispoiled them selues of authoritie to giue it to the King as to one that can better rule then the confused multitude and became as it were 〈◊〉 priuate personne subiect not superiour ●o to King and so the Kinges power now 〈◊〉 so long at least as he is not an intolle●able Tyrant is not depending of the people ●nd no meruaile because many effectes which depend of their causes in fieri and in ●heir first production depend not of them ●n facto esse and conseruation So the Sonne ●●ueth after his Father and fruite may be extant after the tree is consumed and we giue many thinges franckly and freelie which afterwards we can not at our pleasure ●ake away VVherfore as a freeman selleth ●im self freely but after the sale is so bound to his Maister that he can not free him self at his pleasure but remaineth will he nill he a subiect and bondman who before was a freeman so the people before the election of their King is free superiour but after is a bounden subiect and inferiour though by a Ciuil not despoticall subiectiō And so supposing this election the people is bound in conscience to obey their King as superiour and cannot now depose him vnles it be in case of intollerable Tyrannie for then the common opinion holdeth D. Thom. Opus 20. de Regi Princ. cap. 1. Sotus l. 4 de Iust Iure q. 1. a. 3. q. 4. a. 1. Rom. 13. that the Authoritie which the people had in the beginning to create him returneth againe by deuolution to depose him but must obey him in lawfull thinges though he be difficile and gouerne not altogether as he should doe according to that Omnis anima potestatibus sublimioribus subdita sit let euerie soule be subiect to higher powers and againe Itaque qui potestati resistit Dei ordinationi resistit therfore he that resisteth the power resisteth Gods ordinance And againe Ideoque necessitate subditi estote VVhich in Greeke is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ideo necessit as est subijci Therfore be subiect of necessitie and yet againe Subiecti estote omni humanae creaturae propter Deum 1. Pet. 2. siue Regi quasi praecellēti c. Be subiect therfore to euerie humane creature for God whether it be to the King as excelling c. And as in the same chapter Saint PETER commandeth seruants to be subiect in all feare to their Maisters not only to the good and modest but also to the waiward so the people is bound to obey Kings Vide Lessium li. 2 dei ●st iure c. 9. dub 4. though Waiward and difficile yea though they be Tyrantes so that their first entrance be lawfull and they not deposed yea though their entrance were by vnlawfull Inuasion so that the people generallie did afterwards consent and accept of them as their Princes and superiours for to a superiour whilest he remaineth superiout and commandeth lawfull thinges obedience is due otherwise be he neuer so lawful if he command things vnlawfull we must obey God before men Act. 5. and the King before the Viceroy 14. But against that which I haue saied of the creation of Kinges by the peoples election some may obiect that nowadaies in all Europe almost all Kinges are made by succession as are the Kings of Spaine France ●nd England To this I answere that though this be so yet the source and origin of this is also the peoples election For at the first ●excepting those Kinges which extraordi●arilie were giuē immediately from God to the Iewes the people chose or approued ●he King but perceauing what difficultie and daunger also of tumults and sedition would ensue if after the death of their King they should be to seeke and stand vpon election of another they were con●ent that the lawfull heires of the first King ●hosen should succeed to his father without newe election although when the ●ewe King is crowned the peoples consent is demanded and the King is sworne vnto them And in Spaine the Archbishop of Toledo receaueth the Kinges oath in the name of the Church and people In France the Archbishop of Rhemes In England the Archbishop of Canterburie and so all Regall power though not immediatelie yet originallie cometh from the peoples election and donation 15. And therfore wee see that the Kinges power in diuers countries is diuersly limited as in France and England where many of the Kinges lawes are not taken to be of force vnles the Parlament of states concurre to the making or confirming of them which limitation VViddrington ascribeth to the King In Resp Apol n. 174. pa. 137. as though he did voluntarilie thus limit him self But who seeth not how vnlikely it is that Kinges should thus restraine their owne power and tye their owne hands
by an inuisible blowe reached him from God perished most miserably d Earon tom 7. au 561. BELLISARIVS Iustinians Generall ouer his Armie to whome he was so deare that his pourtraict was printed in the one side of Iustinians Coyne with this Title Bilisarius Romanorum decus Bellisarius the glorie of the Romans for his molestation of SILVERIVS to grarifie therby THEODORA the Empresse had for suspicion of conspiracie against IVSTINIAN his eyes pulled out was despoiled of all his dignities and forced in fine to begg e Cedrē in Anna Paul Diac. li. 20. rerū Roman Baron tom 8. an 713. Anast in Vital Baro. an 668. Paul Diac. lib. 19 rerū Rom. PHILIPPICVS for his contempt of CONSTANTINE Pope and propagating of heresie was depriued of his Empire and his eyes also f CONSTANS for persecuting THEODORVS Pope and violently carying away Pope MARTIN from Rome was slaine in a bathe g Fascie Temp. in Iust 2. Martin Pol. in Iust 2. IVST●NIAN the second for infringing the Eight Synod and molesting of SERGIVS Pope who refused to consent to his heresie was depriued of his Empire and besides that of his nose and tongue h Baron tom 11. an 1080. HENRIE the Fourth Emperour excommunicated and deposed by GREGORIE the seuenth as we haue seene was by his owne sonne persecuted holden in prison and at length made a miserable end out of his owne Countrie i Neubr li. 4. c. 13 Palmer 〈◊〉 in Chrō an 1189 FREDERICK the first was drowned miserablie in a riuer of Armenia for punishment of the schisme he raised against ALEXANDER Pope as our NEVBRIGENS●S recordeth k Fascic Temp. in Frider. 2 Matt Westm an 1245 FREDERICK the Second after he was excommunicated and deposed by INNOCENT the Fourth Pope of that name was strangled by his owne sonne and dyed without Sacraments l Geneb lib 4. Chron. anno 2294. in Bonifacio 8. PHILIP le BEL King of France after he was excommunicated and deposed by BONIFACE the Eight neuer prospered as Genebrard la Frēch man writeth And after that BONIFACIVS was taken vnawares by the deceipts which PHILIP vsed a holy Bishop said The King is glad he hath BONIFACE Pope in holde but no good thereby will happen to him and his posteritie which Prophecie saith m Genebr lib 4. Chron. anno 1315. Genebrard was shortlie after fulfilled for the King perished by reason of a Boare that rushed betwixt his horses legges three of his sonnes that raigned after him dyed one after another in a short space their Queene 's dishonoured them with their infamous adulteries and the Issue of PHILIP fayling the contention betwixt our EDWARD the third sonne of the Daughter of PHILIP le Bel and PHILIP de Valois the sonne of CHARLES de Valois PHILIP le Bel his brother arose which contention cost France verie dearely And to spare our times as God threatned by his Prophet Isai 60. that the Kingdome that shall not serue the Church shall perish as we see all Greece is lost by their heresies and schismes against the Romane Church and England Germanie and Holland and other Countries know not what punishment hangeth ouer their heads so whosoeuer shall obserue the course of times and Histories shall finde that few Princes haue long prospered who haue persecuted the Romane Church and faith or haue been by her excommunicated or deposed 26. Wherfore Kings and Princes that contemne and despise the Church remember you are Men and that your Kingdome is subiect to a higher state of the Church Feare her glaiue that striketh euen the soule and spirit And if you will raigne long and prosperouslie here imitate those Constantines Martians Theodosius Pipins Charles the Great Lewis and others who were more glorious for amplifying the Churches Immunities and Demaines then for extēding their Empire more renowned for the Churches and Monasteries they founded thē for the Cities and Castels they builded who by obeying honouring and enriching the Church strengtned and enriched their Kingdomes and haue prospered in all their warres and battailes But I will end with S. BERNARDS Counsell which he gaue to CONRADVS King of the Romanes Bern. ep 183. ad Conrad Regem Romam Rom. 13. desiring all Christian Princes to followe it Legi quippe Omnia anima Potestatibus sublimioribus subdita sit c. Quam tamen sententiam cupio vos omnimodis moneo custodire in exhibenda reuerentia summae Apostolicae sedi I haue read indeed Let euerie soule be subiect to higher powers and he that resisteth the power resisteth the ordinance of God which sentence not withstanding I desire and by all meanes warne you ô Princes to keepe by exhibiting reuerence to the highest and Apostolicall seat CHAPTER VII Although the Pope be not direct Temporall Lord and Superiour of the world nor of any part therof by Christs expresse guift and donation but only of the patrimony of Sainct Peter giuen him by Constantine the Great and other Catholicke Princes and confirmed by the consent of the Christian world yet by the spirituall power which Christ gaue him in his predecessour S. Peter Io 21. he may dispose of temporall things and euen of Kingdomes for the good of the Church and Conseruation of her and her faith right and the manner how and in what case he can thus dispose of temporalities is explicated 1. HAuing shewed by manie Arguments in the former Chapter that the Prince neither hath any spirituall Authoritie neither can by his Temporall power entermeddle him self as a Superiour in matters Spirituall and Ecclesiasticall It remaineth that we discusse and examine whether contrarie wise the Pope haue any temporall power or can by his Spirituall power dispose of temporall things A thing I confesse odious to some Princes who can hardly brooke it that you should meddle with their Crownes and Regalities thinking their Crownes so fast sett on their Heads that none but God can plucke them of and imagining they holde their scepters so fast that none vnder God can wrest them out of their hands But yet this question is odious only to such as sett little by the Churches Authoritie or at least preferre the state before Religion and the Temporall aduancement of the Common wealth before the Spirituall good of the Church for otherwise as guiltie malefactours only crie out of the Princes lawes Tribunals good subiects embrace and reuerence them so those Princes only whose consciences accuse them of some disloyaltie towards the Church or who desire to preferre their owne wils before the Churches commandement or to extend their Empire with encroaching on her Demaines and to rule so independentlie as they may not be controlled such Princes I say can not abyde to heare of any Authoritie in the Pope or Church which may restraine them Other Kings who counte it their honour to be obedient Children of the Church and who desire not to raigne ouer their subiects but so as God and his Church