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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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who shall haue care of the spirituall and eternall life But let the one not encroache vpon the other let both helpe one another and both are stronger as was excellently obserued by NICHOLAS the Pope Nichol. epist ad Michael Imp. cap. Gum ad verum ventum est d. 96. Cum ad verum ventum est neque Imperator Iura Pontificatus arripuit nec Pontifex nomen Imperatoris vsurpauit quoniaem idem Mediator Dei hominum homo CHRISTVS IESVS sic propriis actibus dignitatibus distinctis officia Potestatis vtriusque difcreuit vt Christiani Imperatores pro aeternâ vitâ Pontificibus indigerent Pontifices pro cursu temporalium tantummodo rerum Imperialibus legibus vterentur VVhen it came to the vnderstanding of the truth neither the Emperour did take vnto him the rightes of Bishop-like authorotitie nor the Bishop did vsurp the name of the Emperour because the same Mediatour of God and men man Christ Iesus hath distinguished the offices of both powers by their proper actes and distinct dignities as that Christian Emperours for attaining eternall life should neede Bishops and Bishops should vse the Imperiall lawes for the cause only of temporall thinges 3. But as both are necessarie so both are not equall but the one inferiour to the other the one subordinate to the other else the one would be an hindrāce to the other and both would cause confusion And certes if we will not preferre the bodie before the soule heauen before earth temporall before eternall life VVe must preferre the spirituall and Ecclesiastieall power before the Temporall and consequentlie the Church before the Common VVealth 4. These two powers and the preeminēce of the spirituall before the Temporall were prefigured as Turrecremata hath well remarked by the two brazen Pillars in the Porch of Salomons Temple The Porch was a figure of the Church Militant Turrecr lib. 4. cap. 87. 3. Reg. 7. the Inner Temple of the Church Triumphant because as by the Porch the Iewes entred into the Temple so by the Church Militant and by no other way Christians haue entrance into the Church Triumphant The two brazen Pillars that sustained the Porch signified the Power Temporall spirituall which support the Church Militant and the pillar on the right hand signified the spirituall power the Pillar on the left hand the Temporall power whence it is that that must take the precedence of this and this must be subordinate to that 5. And truly that the spirituall and Ecclesiasticall power is superiour to the Temporall and more eminent then it I prooue First by those thinges by which I haue prooued them in the former Chapter to be distinct For the end and finall cause of the temporall power is temporall and naturall to witt temporall peace the end of the spirituall Authoritie is eternall and supernaturall peace the immediat cause efficient of the Temporall is the people the immediat cause of the spirituall is God The matters in which the temporall power is occupied are temporall the affaires which the spirituall gouerneth are Ecclesiasticall and spirituall the functions of the temporall are all temporall the functions of the spirituall power are all spirituall and supernaturall as absoluing from sinnes ministring Sacraments offering of sacrifices enacting lawes for the soules health excommunicating absoluing c. The temporall ruleth especially the bodies the spirituall the soules that ruleth the Kingdome or Common Wealth this the Church To the King the Keyes of Cities are offered to the Priest and Pastour the Keyes of heauen He remitteth temporall Mulctes and paynes no sinnes at all The Priest and Pastour remitteth sinnes and absolueth from all paynes He can cast out of his Kingdome by banishement the Pastour out of the Church by Excommunication And therfore looke how farre eternall felicitie excelleth temporall God the People supernaturall and diuine thinges naturall and humane spirituall functions temporall soules bodies the Church the Common VVealth the Keyes of heauen the Keyes of cities sinnes ciuill penalties eternall temporall punishment excommunication banishement so farre the Ecclesiasticall and spirituall excelleth the Ciuill and Temporall Authoritie By this Argument S. CHRYSOSTOM as alwaies very excellentlie proueth the Priests to be greater then the King Chrysost homil 4. de verbis Isaiae tom 5. Mane intra tuos terminos ô Rex alij sunt termini Regni alij sacerdotij hoc Regnum illo maius est Rex ea quae sunt in terris sortitus est administranda caeterùm ius sacerdotij è supernis descendit Regi corpora commissa sunt sacerdoti animae Maior hic Principatus propterea Rex caput submittit manui sacerdotis vbique in scripturâ sacordotes inungebant Reges Remaine within thy boundes O King others are the limites of the Kingdome others of Priesthood this Kingdome is greater then that The King hath the administration of the things of the earth but the right of Priesthood defcendeth from aboue To the King bodies are cōmitted to the Priest soules greater is this principalitie and therfore the King inclineth his head to the hand of the Priest and euerie where ●n Scripture Priests did anoint Kings Secondlie there is no Christian can denie but that since God hath ordained vs to a supernaturall end to witt the cleate vision and fruition of him selfe as all Scripture witnesseth that he hath all our goods also and states are ordained to the same end and are not well vsed but rather abused when they are vsed to serue our pleasures contrarie to that end whence followeth that all temporall thinges since the former Institution and ordination of God are Media meanes in respect not only of out supernaturall end but also of supernaturall meanes as Sacraments Grace and supernaturall functions which are more proportionate and more neere meanes to that end and consequentlie temporall power which ordaineth of these meanes is subiect to spirituall power which principally considereth the supernaturall meanes and end For as the art of ryding is more noble Arist li. 1. Eth. c. 1. then the art of making bridles as Aristotle to a like purpose reasoneth because this is ordained to that so the spirituall power which disposeth of supernaturall thinges is nobler then the Temporall this being ordained to that and the end being more noble then the meanes 6. Thirdlie Philosophers affirme that all habites and faculties are specified and dignified by their actes obiectes and endes and so Morall Philosophie which hath vertue and manners the health of the soule for its obiect is more noble then the art of Phisicke which teacheth only to cure the diseases of the bodie and to restore corporall health Seeing therefore that the obiects of spirituall power are supernaturall and heauenlie the obiects of Temporall power are naturall and earthlie the end also of spirituall power is eternall beatitude the end of temporall power temporall felicitie the actes also and functions of that power spirituall and supernaturall the actes of this naturall and
are necessarie meanes to attaine to the end of the Spirituall power which is conferuation of the Church and faith and the attaining of life euerlasting And so as S. THOMAS saith D. Th. 2. 2. q. 40. a. 2. ad 3 Omnis persona velars vel virtus ad quam pertinet finis habet disponere de his quae sunt ad finem Euery person or art or virtue to which the end belongeth may dispose of those things which are for the end Seeing then that God hath ordained Temporall things to the saluation of our soules and consequently to the Churches conseruation when the Chiefe Pastour whose office is to bring vs to our Spirituall end seeth that Temporall things are necessarie to that end he can not only command but also dispose of them Turrecr lib. 2. de Eccl. ca. 114. Hereupon TVRRECREMATA also vsinge the like Argument sayth To him that can dispose of the end it pertaineth to dispose of the meanes and to remoue also the Impediments as it is manifest in the Phisitian and sickman who because they haue Authoritie to procure health may make choise of the meanes and may remoue the Impediments of health VVherfore seing that the Chiefe Pastour is to looke to the soules health of his subiects he may not onlie command Temporall things but also dispose of them to that end and may remoue them when they are impediments to that end And because the King and his Kingdome are comprehended in the number of Temporall things which are ordained to the conseruation of the Church and the Spirituall end for God maketh a promise to his Chureh by the Prophet Esay Esai 49. That Kings shal be her Nurcing Fathers and that with a countenance cast downe to the ground they shall adore her Esai 60. and threatneth that the Nation and the Kingdome that shall not serue her shall perish it followeth also that when the Churches right and faith can not otherwise be conserued the Chiefe Pastour may dispose of the Kings Crowne and Kingdome hee in that case being subordinate to the Church and Christian faith Neither will VViddringtons answere serue to wit that in this case they are to be directed and commanded by the Chiefe Pastour for the conseruation of the Church but cannot be by him disposed because the argument prooueth more to wit that if the Chiefe Pastour can not only command in spirituall matters which are greater but also may dispose of them he may also dispose of the Temporall which are lesser they being in some case subordinate to the end of the Spirituall power which is conseruation of the Church and faith and procuration of eternall saluation 3. A second Theologicall Argument may be deduced from the Authoritie The Second Theologicall Argum. which the Church hath ouer Temporall power for as aboue I haue shewed the Spirituall power of the Church is not onlie Superiour to the Temporall in dignitie but also if they who haue this Temporall Authoritie be baptized in Authoritie of commanding not only in spirituall matters but also in Temporall when they hinder the Churches good or are necessarie for the Churches conseruation And therfore if the Prince make a Ciuill law which derogateth to the Church the Pastour can command them to alter or to abrogate it S. GREGORIE corrected MAVRITIVS the Emperours law Gregor lib. 7. Indic 1. by which he forbad souldiers to enter into Religion So S. AMBROSE though no Pope but Archbishop of Milan commanded Theodosius the Emperour Theodor. li. 5 cap. 17. 18 who had caused seuen thousand at Thessalonica to be killed for a sedition made against the Magistrates to make a new law by which he was so restrained that when he should condemne any to death or confiscation of goods the sentenee should not be executed till 30. daies after that he might haue time to iudge better when the furie of anger was past And the Canon law is full of commandementes of the Pope to Princes euen for the disposition of Temporall things Widdr. in Apol. n. 93. num 97.101.141 139.377 378. which also Widdrington graunteth For in his Apologie for the right of Princes he oftimes repeateth that the spirituall power can direct command and compell by Censures the Princes to make lawes which are necessarie for the Churches conseruation and to abrogate lawes which are iniurious to her and so to dispose Temporall things as they shall not preiudice the Church but rather serue her for her necessarie conseruation Widdr. Apolog. n. 197. Yea sayth he Potest Ecclesia propter instantem sui ipsius necessitatem praecipere vel prohibere vsum gladij materialis The Church when necessitie vrgeth can command or forbid the vse of the materiall and temporall sword And then say I if the Chiefe Pastour can command the Temporall power scepter and sword when the necessitie of the Church requireth he may also dispose of the Temporall power scepter and sword Widdr. in Apol. Resp nu 28. This consequēce Widdrington often tymes denieth but with how little reason we shall see brieflie For although euerie one that can command can not dispose yet Princes may I graunt the Ghostlie Father can command his Penitente to giue Almes and the Penitent shall be bound vnder sinne to obey yet he shall not therfore loose the proprietie and dominion of those his goods which he should haue giuen in almes Yea I graunt that the Prince when he commandeth his subiects to contribute for his warres or other necessities of the Realme doth not alwaies by and by depriue them of their dominion and proprietie but yet I say that as he can command Temporall things for the necessitie of the Realme of which he hath charge so he can by his absolute power called Dominium Altum when it is necessary for the Common wealth not only command but also take those goods from them and depriue them of the same as in many other cases he also confiscateth their goods and depriueth them of Dominion VVherfore seing that the Pope is the supreame visible and spirituall Prince of the Church he may not only command Christian Princes his subiects to vse their Scepter Authoritie and sword to the necessarie conseruation of the Church and especially not against the Church but may also if they contemne his commandement and Spirituall Censures for the necessarie conseruation of the Church and faith dispose of them else he were inferiour to the Prince and had not Authoritie sufficient for the conseruation of the Church which is committed and commended to his charge 4. The third Theologicall argument The third Argument shall be grounded in the Nature of the Church as it is a Common wealth for the Church is an absolute Common wealth not subordinate to any other as the Kingdome is to the Chiefe Pastour and Church Now it is so that euerie absolute Common wealth to wit which is no part nor is dependent of another hath power not onlie to
matter of faith when as thou knowest not the mystieries of faith And yet againe to the same purpose he addeth Soluimus quae sunt Caesaris Caesari quae sunt Dei Deo c. VVe haue payed to Caesar what was Caesars Tribute is Caesars it is not denyed the Church is Gods therfore it must not be giuen to Caesar because the Temple can be no right of Caesars No mā can deny but that this is spokē with Caesars honour For what more honorable then for the Emperour to be called the sonne of the Church Which when it is sayd it is sayd without sinne it is sayd with grace Imperator enim bonus intra Ecclesiam non supra Ecclesiam est for a good Emperour is within the Church not aboue the Church The like libertie of speech he vseth also in an Epistle to his sister Marcellina Ambr li. 5. cit ep 33. ad Marcellinam sororem Mandatur denique Trade Basilicam c. To be briefe the Emperours commaund is Deliuer vp the Church I answer it is neither lawfull for mee to deliuer it nor expedient for thee O Emperour to take it Thou canst by no law spoile or ransake the house of any priuat man and thinkest thou that the house of God may by thee be destroied and ruinated It is alleaged that to the Emperour all thinges are lawfull all thinges are his I answer doe not ô Emperour charge thy selfe as to thinke that thou hast Imperial right ouer diuine thinges Do not extoll thy selfe but if thou wilt raygne longe be subiect to God It is written Mat. 22 What is Gods to God what is Caesars to Caesar To the Emperour Palaces do belong to the Priests Churches To thee is committed the care and charge of publick walles not of those that be holy If S. AMBROSE would not yeeld a Church or Chappell to the Emperours disposition would he if he had liued in King HENRIE the Eight his time and in England haue permitted him to seaze vpon all Abbayes Abbay lands and Churches belonging vnto them Or would he or S. ATHANASIVS or HOSIVS haue permitted him to sitt in Parlament as supreme Iudge in matters not only temporall but Ecclesiasticall or if they had seene Cromwell appointed King Henrie the Eights Vicaire Generall in Spirituall causes taking place aboue all the Bishops and Archbishops in their Conuocation would not ATHANASIVS haue called it the Abomination of desolation 14. Bilson in his Difference pa. 174. Andr. in Tortura Tortipa 169. Field li. 5. de Eccles cap. 53. To this Argument Doctour BILSON Doctour ANDREWES and Doctour FIELD answere that Constantius and Valentinian the younger were reprehended by these Fathers not for medling in Councels and Ecclesiasticall affaires but for tyranizing ouer Bishops and for partiall and vniust dealing But if these Fathers had meāt no otherwise they would not so absolutly haue reprehended medling in Ecclesiasticall matters but would onlie haue inueighed against the abuses For if a Pope who is in deed Head of the Church should abuse his Authoritie in Councels or Ecclesiasticall Iudgments though euen a Catholick who takes him for supreme Head might reprehend the abuse Athan. supra yet he could not saie to him as ATHANASIVS did to Constantius If this be the Iudgment of Bishops what hath the Pope to do with it Nor could he say to the Pope as he did to the Emperour VVhen was it euer heard from the beginning of the world when did the Iudgment of the Church take Authoritie from the Pope Neither could he haue sayd to the Pope Hosius supra as HOSIVS sayd to the same Constantius VVhen was the Emperour present to wit as Iudge for as Protectour and hearer he knew and saw CONSTANTIN the Great present in the Councell of Nice in Ecclesiasticall Iudgments Neither could he haue sayd to the Pope as the same HOSIVS saieth to Constantius Do not intermeddle in Ecclestasticall businesses nor do thou command vs in this kind but rather learne these thinges of vs. Much lesse could those wordes of S. AMBROSE Ambros supra which he so bouldlie spake to Valentinian haue been sutable to the Pope or any supreme Head Ecclesiasticall VVhen didst thou heare ô most Clement Emperour Pope that any of the laitie Clergie Iudged Bishops in a cause of faith Much lesse could these other words of S. AMBROSE haue been fitting a Pope or any supreme head Ecclesiasticall A good Emperour Pope is in the Church not aboue the Church Nor could S. AMBROSE haue denyed so peremptorily to deliuer a Church or Chappell to the Emperour if he had deemed him supreme head of the Church much lesse could he haue alleadged that reason of his denyall To the Emperour Pallaces appertaine to the Priest Churches for if the King be supreme Heade of the Church then Churches pertaine to him as well as Pallaces 15. But let vs heare another Father S. Chrysost ho. 4. de verbis Isaiae 2. Paral. 26. CHRYSOSTOME pondering the audacious fact of King OZIAS who in the pride of his power victories and former vertues arrogated to him selfe the Priests office hath these words Rex cum esset Sacerdotij Principatum vsurpat Volo inquit adolere incensum quia iustus sum Sed mane intra terminos tuos alij sunt termini Regni alij termini Sacerdotij Being a King he vsurpeth the power of Priesthood I will sayth he offer incense because I am iust But stay within thy limits Others are the bounds of the Kingdome others of the Priesthood If then the King hath his limits prefixed and contained within the Kingdome it followeth that he cannot intermeddle him selfe as a superiour in Eccles●asticall causes but he shall passe his limits The same Father in his next Homelie hath these words Chrysost hom 5. de verbis Isaiae which are worthy the marking Quanquam nobis admirandus videatur Thronus Regius ob gemmas affixas aurum quo obcinctus est tamen rerum terrenarum administrationem sortitus est nec vltra potestatem hanc praeterea quicquam habet Authoritatis Verum sacerdoti Thronus in Coelis collocatus est de coelestibus negotiis pronunciandi habet potestatem Although the Kings Throne seemes to vs worthy to be admired for the pretious stones wherwith it is besett and the gould wherwith it is couered yet the King hath only the administration of terrene things neither hath he beyond this power any further Authoritie But to the Priest a throne is placed in Heauē and he hath power to pronounce sentēce of heauenly businesses and affaires appertaining vnto heauen 16. Tenthlie I proue this veritie by the Arguments wherwith in the former Chapter I haue prooued that Kings Christian by baptisme are made subiects of the Church as much as is the lowest Christian and that not onlie Popes but inferiour Bishops haue challenged superiority ouer them which also Princes from the beginning haue euer acknowledged For if Princes in matters Ecclesiasticall be