A TREATISE of Ecclesiastical and Politic power. SHOWING, The Church is a Monarchical government, ordained to a supernatural and spiritual end, tempered with an aristocratical order, (which is the best of all and most conformable to nature) by the great Pastor of souls jesus Christ. Faithfully translated out of the Latin original, of late publicly printed and allowed in Paris. Now set forth for a further warrant and encouragement to the Romish Catholics of England, for their taking of the Oath of Allegiance; seeing so many others of their own profession in other Countries do deny the Pope's infallibility in judgement and temporal power over Princes, directly against the doctrine of jesuits. To the PRINCE. Printed by W.S. and are to be sold by john Budge, at the great South door of Paul's, and at Britain's Burse. 1612. To the Prince. SIR, THese are not now idle fancies of mine own, hot ebullitions of a French blood, youthfully sounding the charge long before the combat; No nor of any one man alone, never so wise, never so temperate. They are the grave disputations, the sound decisions of a whole company, one of the most famous, as one of the most ancient in the world, for divine and human learning: Who now sets forth to the open view of all men what their opinion is about the Pope's either lawful or unlawful authority. No more are they any particular imaginations, or exact conclusions of Protestants, the Pope's open adversaries, or some other (if there be any) of his violent enemies; who, perhaps to forward in their own way, deny utterly all the authority of the Bishop of Rome, because he hath usurped too much, and would have Rome totally ruined because there are many abuses therein; and not rather to be reform by good laws, reducing order & conveniency to their own ancient just and lawful use: Much like unto that people, that wholly forbids the use of that good creature of God, wine, because hurtful by accident, rather than to temper his fury with water, or moderate the quantity. They are, I say, the too too gentle, the too too indulgent determinations of the Pope's best friends, of his dearest darlings, nay, of his own strongest support in France, by whom he reigns yet there, and without whom he 〈◊〉 not have an inch of credit in that whole kingdom: Determinations, which yet seeming to make good the reasons of the French Herald, & conclude, ex obliquo at least, to his Crusade, makes me the bolder to tender this unto your Highness, to whom that other was also dedicated: As a confirmation now by these wise men, of those reasons which, as his own, he did at that time esteem more foolish, then for the respect due unto the assent of such persons, he dares ever hold them hereafter. For indeed what should we not boldly execute against him, that with fire and sword, open invasion and secret treasons, declares himself so violent and bloody an enemy to us, though we not to him? We, I say, right reform Christians and catholics who, rightly lightened with the shining truth of the spirit and the Scripture, have so lawfully shaken off that most unjust, most unsupportable iron-yoake of later years forged in the Church of Rome; when we see his own men, his own maintainers so flatly condemn him? But alas! what order to be taken? I am not able to give counsel, much less to command. Only this, my most hearty prayer unto the Almighty shall be, & as long as I breathe I will never finish it, till it be finished or myself; That now when it seems that in these latter days, by frequent disputations the truth begins to clear itself of those dark clouds of ignorance, and thick veils wherein it had been hitherto purposely wrapped and overcast; Now that it seems that all Christians of all professions, at least those of the better sort among them, draw nearer than ever they did one to another, and all to that happy medium, wherein consists the true and only hope of a general reconciliation, it may please his heavenvly goodness to stir up, and strongly move all Christian Princes and Magistrates, as well Ecclesiastical as Civil, to call together a good lawful and free Council, as general as may be; wherein all absolute and necessary points to salvation, being considerately with brotherly love, and without animosity discussed, we may with common consent of all, frame together a constant substantial and universal profession of our faith: As without doubt it would be a thing most fit to prevent and avoid many scandals, and easy enough to be attained unto, if every one would leave all peremptoriness of his own sense, and cleave to the right naked and unpassionate truth. It remaining, for the rest, lawful to every national Church, in things indifferent and not altogether absolute and necessary to salvation, differently to believe according to their best advise and Christian liberty. It is a thing which (after God) we must solely and only hope from the hands of that thrice-great King your royal father, he having a particular right to it by his title of Defender of the Faith, as indeed he makes himself every day more and more worthy of the same, both abroad & at home, carefully suppressing heresies ●●en in their birth, there by his credit, here by his command, there by his word of advice, here by his sword of justice. Oh! what help our famous Henry the Great would also have yielded to this, if those that did smell out some such purpose in him, had not, as unluckily as traitorously shortened his days. But in that happy assembly let it not be forgotten for the first point and ground of all the following good, to give back again to the Catholic Church her ancient right and authority; clipping the Pope's wings of so much as he hath most tyrannously usurped, and reduced universality to his own particular. For otherwise, as long as that tyrannical, unbridled, monstrous, impious, omnipotency (which none can tell yet how far it runneth, or can stretch itself,) be not limited within the bounds of reason, I mean of the law of God, there is no hope of reconciliation, no hope ever of any good at all. I do not deny that the Bishop of Rome hath altogether no authority as from God; Neither but that he may have a great deal more by the free grant of Counsels, or by the liberality of Princes. That which he hath as from God, let him keep it still in God's name; The gifts of God are without repentance. Yea, Rom. 11.29. let him keep that which he hath lawfully received of ancient Counsels, as the first place among the five patriarchs, between whom the care of all the Churches of the world was friendly and almost equally divided, and to him by especial assigned the care of these West-churches; In which respect only the King makes no difficulty to call the church of Rome, In his majesties first speech to the Parliament. our Mother-church. Let him also keep that which ancient godly Princes have given him, though he cannot show, nor who, nor how, nor when: so that he acknowledge it, at least, use it as a free gift, and not like a desperate ungrateful rebel, to the prejudice of the heirs of his benefactors. For in that case the gifts of Princes are not as the gifts of God, and, be they never so firmly sealed, never so ancient, or pleading prescription, are ever and most lawfully subject to a just resumption. But if still through shame or malice he be loath to accept of these most reasonable terms, & be brought again to his first estate, though glorious enough for any temperate ambition; I mean to that which he hath by the four former general Counsels, and by the Emperors of those times (for otherwise to reduce him to that which he hath by S. Peter, (if even he have any thing by S. Peter) it were but a poor and very beggarly thing: Finally if he will not voluntarily forego all usurpation or abuse, never so ancient or modern, let him be most iustl● deprived thereof, as a prevaricator, and be brought by mere force to that which he should voluntarily and wisely yield unto by right. Whereupon strengthened now the more with the opinions of that famous Society, which is no less than a little continually standing Council in France, allowed by the Pope himself, I conclude still with the French Herald, to a general Crusade against him that is now become the great enemy of Christendom; And that the execution of the decrees of that blessed council being put into your Princely hands, as the Lieutenant general of the high Defender of the faith, the whole Catholic Church, sighing and panting under the heavy load of that cruel tyranny, may for ever be beholding to your valour, and extol you as the restorer of her liberty. Up then, up, brave Prince; the eyes of all Christendom are now cast upon you, to see you begin; you shall not want friends and followers, even more than you think, even more than perhaps you look for. Those that now dare not show their heads for want of a General, will mount upon the tallest coursers they can find to show their whole body, and draw with more haste to be nearest to you; At least you shall know who be your friends. For if the first blow be not given unto that monster by your Royal father, and the second and last by yourself; sure, sure, I know not who will begin, much less who shall make an end. And lest any man believe that I stand yet wilfully and without just causes in my old vain; or that I persuade you upon the reasons of strangers, or any modern writers only; I end with an instance of your own, a grave prophecy or a sentence, if you will, given in this case almost four hundred years since, by a right reverend, godly bishop of yours, Robert of Lincoln, altogether out of likelihood to savour any thing of the hot French, or of the interessed Protestant. Another man of yours, your ancient and learned Mat. Paris citeth it, In Henrico iii. An. 1153. out of whose books I could bring almost as many arguments to this purpose, as there are leaves, howsoever otherwise a passionate maintainer of the Apostolic sea. That good old Prelate dying in a full age, after that he had lived and served here under the tyranny of three or four Popes, Gregory 9 Celestin 4. Innocent 4. having held a long discourse with his Priests and Clergy the same night that he died, in complaint of the hard and miserable estate of the Church in those times, accusing the Pope's only, as the total cause thereof, and calling them Heretics and Antichrists, at last did willingly yield up his blessed soul (the nearer to happiness, the sharper-sighted and surer in her judgements) with great vehemency, sending forth this last Oracle from the bottom of his heart. The Church shall never be delivered out of this Egyptian bondage, unless it be by the mouth of the bloody sword. To the sword then, Nota. to the sword, I durst almost say even at this instant, for at last when Council and all is done, we shall ever be put to it. Possession is very sweet; and that judicious man, best acquainted with the humour of Popes, knew full well that they do not part so easily from what they have once catched hold of. If all this do not satisfy the world, truly than I know not what shall, though I know very well what should; howbeit hardly of more weight then that which is handled through all this Book. Finally, to the end none may say that I am more ready to talk then to do, I vow faithfully that if ever this holy purpose go forward, and God let me enjoy myself, I shall be one of the forwardest, in my poor condition, to show by my best endeavours in life or death, how much I am Your Highness' Most humble, most faithful and most devoted servant Δ To the Romish Catholics of England. MOst dear, though but half brethren, whom yet I wholly love, even though you were but men, a great deal more being Christians, most of all, being English Christians, and subjects to that great Monarch, my adoptive Master; who having been so gracious unto me, far, far beyond my deserts or any hope I might ever have builded thereon, hath bound me for ever to apply, vow & dedicate all my life, studies, service and best endeavours to him and for him, and for his sake to all such as are his: In his majesties first speech to the Parliament. whom, even for that respect only, I must needs love, though they were but half his, as long as he wants the best part of them, that is their souls, as he himself in some place saith of yourselves. In that resolution, & for as much as the whole need not the Physician, and that indeed I am no Physician at all, leaving to God and themselves that other part of the good people of this famous kingdom, which agreeth in faith and belief with us; And choosing you, as the fittest object for my love and service to work upon, and in you that best part of you, your souls: yea, even in that leaving that greater business of your whole conversion for spiritual things, to the working care of that so worthy Abbot, who hath deserved to be a more worthy Archbishop and Primate of so flourishing a Church, Of an eloquent King of London, Of an acute indeed, and much acute Montaign of Baths and Wells; Of that other learned Abbot, Of that right divine & judicious Leyfield, Of substantial and fruitful Field; yea, d●ring to leave you to the lively remains of a rich English jewel, Of a solid Hooker, so skilful, that with one only hook he fisheth of both sides, with many others, both alive & a sleep, so easy to be found, so hard to be numbered; & meddling only in temporalty and such things as are and have ever been received for constant and common religion through all the world, but only some few years since, that the devil, being almost at a bay, struggleth with his last and most violent endeavours, against the truth that strangleth him; Nevertheless meddling herein more for your own good, then for his Majesties, which yet as a right Pater Patriae, as a kind Pater-familias of the Commonwealth, he will ever esteem his own when it is yours: I thought some months a go to have presented you in your own language that famous letter of a great friend of yours, the jesuit Cotton, written in French to the Queen Regent of France in disalowance of Mariana's book, and other writings of other jesuits, approving disobedience of subjects to their own lawful kings, in temporal matters, even to their poisoning and murder. But another man with more haste then good speed (I am sure) though not with a better mind than myself, serving it unto you in another dish and with a sour sauce in the end, of that odious chamber of meditations, did quite mar the good use that ye both and we, I mean the whole state, might very well have reaped thereof. All things are not fit to be said at all times, neither ought we so nakedly to uncover the shame of our brethren as long as there is any hope of amendment, principally being most certain that the best part of you doth not allow, yea, I dare say, not know those abominable, execrable and almost incredible courses. For no doubt but it would have made some impression in your hearts, to have seen (without such a bitter addition, quite then out of season, and rather to exasperate then to pacify you) so famous a man, a jesuit by profession, and one of your greater saints, writing of set purpose to so eminent a person, and impugning whatsoever hitherto hath been, or hereafter might be, written by any of his own order, or by others, against the temporal authority of Princes over their subjects; citing orderly one by one, as numerus certus pro incerto a dozen of famous jesuits, Cardinal Tolet, Cardinal Bellarmine, Gregory of Valencia, Salmeron, Delrio, Heyssius, Becanus, Gretzerus, Lessius, Serrerius, Azor, Richeom, every one with some special place maintaining the Prince's temporal authority. And for better fortifying thereof setting down of himself, and without any urging, 15. heads and principles of the faith, and belief 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 commended the monarchical state, as the best. That kings are anointed, and therefore called the anointed of the Lord, that every one (as Simeon Archbishop of Thessalonica saith) may understand that they ought to be inviolable, and respected as holy and sacred persons. That whosoever resisteth them or rebelleth against them, shall receive their own damnation; Rom. 13.2. That obedience is due unto them, not because virtuous, wise, mighty, or of any other such qualities, but merely because they be kings and established by God. That it is not lawful to deny them their obedience, much less to rebel against them, though they should be v●●tous froward and hard to be endured; 1. Pet. 2.18. That in such cases we ought to pray for them as the Prophet did command the jews for Nebucadnezar, and Balthasar Bar. i two. And that those persecutions, losses of goods, and other afflictions which are patiently suffered for that cause, and without rebellion against their superiors, are things most pleasing to God, and agreeable to that praise which Paul giveth to the hebrews, cap. 10.34. and to that ordinance by himself published in the Church. Rom. 1● 1. That it is not lawful to attempt any thing against their persons; but that it is a most execrable parricide, a prodigious crime and abominable sacrilege. All which articles and letter, though by some, accused of some equivocation, truly at least by all honest plain-dealing men and fully good subjects, of to much sparingness and cohibition in a matter which deserved with an open mouth to have been more clearly and largely extended; yet willing to take all things in the best sense, even in our adversaries, and receive as lawful and current, the coin of ill paymasters, never so base, never so clipped, so it be but indifferent good: I then purposed with a peaceful, charitable, and truly Christian and brotherly mind and fashion, to set them before your eyes, to the end you might with as peaceful a spirit, and not stirred or distasted by any unsavoury appendix, conceive at least of this point, That so many other jesuits of other nations are not of the same opinion in that behalf with your Parsons, Campion, Creswell, Garnet, Hall, Greenwell, Gerard, Hamond, & other your fiery jesuits; which as right Puritans among their other fellows, that is abstractum de abstracto, (as though England were the only Seminary in the world, for such a cumbersome, to sharp-sighted, and to sharp-minded zeal) defining and refining law and Gospel according to their own humours and private ends, till they have (I fear me, and God forbidden) finished and dissolved all, make Religion where there is none, and irreligion of that which is most sacred and religious: As by all laws both divine, natural, Ecclesiastical, politic and positive, temporal obedience of subjects to their Princes is, and hath ever been held. But that good duty being intercepted, as I told you before, I had very willingly requited it by presenting you another book of another, though yet my Countryman, still of your own profession, for with other arms will I never urge you, than those that your own men shall put into my hands; A man truly most worthy and learned, A book most worth reading, entitled Of the common offence and privileged case, wherein showing by degrees, and from age to age, the encroaching increase of the authority of the Popes and Churchmen, in that old time of thick ignorance, when scarce any in the world but they could read or write his name, that Author most excellently proveth that a principio non erat sic, and that from the beginning & many hundred years after, all Churchmen without exception were subject to the full obedience and justice of their civil Princes, till by their favourable grant and relaxation, or rather by an over-religious stat●nesse, unprovidency and scrupulous simplicity, Churchmen by tract of time got to be released in some cases; from whence first arose the distinction, betwixt delictum commune & casus privilegiatus as they call them. But fearing least that book never so clear, never so well followed, might not be of great moment with you, as being written by a private man, not perhaps so famous among you as your own father Cotton, though a noble judge of one of our high Courts of Parliament, and his book openly printed, allowed and licensed by Catholic learned Divines I thought rather to look for a better opportunity; which, I am sure, hath not been ever since so effectual as this, nor perhaps will be a long time hereafter. For unless it be in a general Council, it is not to be hoped that you may ever have a constant resolution of so many & so learned Doctors of your own & above all so little interessed in your case, but rather which being able to claim more than you, as being Churchmen themselves, disclaim honestly & willingly that which is not theirs, the more therefore to be believed. It is no more Luther that speaks in Bohemia, Caluin in Geneva, Henry 8. in England, james the sixth, in Scotland; you cannot impute this to any particular quarrel, or heresy. They are not private men of another Country that speak in their own sense, and of which you might say they may overshoot themselves, though of your own profession, as the two above mentioned. It is not one Blackwel your Archpriest, one Warmington, one Sheldon, your Priests, of whom you might say the two former were prisoners, the last a Runaway. Widdrington at least was free, that so learnedly confutes Bellarmine by Bellarmine himself, and is your own still, yea most passionate; as the fashion is of all those that have forsaken us, therefore the more worthy to be credited by you. Though it be a great wonder how he hath been able to reserve still so much reason and honesty to make a stop there, since it is not the good hap of such as fall once from the steep rock of the truth, to grasp any where, but rather always to tumble from an error to an heresy, till they be, legs and limbs all broken, overwhelmed in the bottom or rather in the bottomless pit; yet it is not he that speaks It is not the King himself, of whom you might say he speaks in his own cause, though no otherwise then a good Father, commending natural duty to his beloved Children, And, I pray you, who shall lose most, or be punished at last, either the godly father for admonishing his rebellious children, or they for denying him his due? It is not that so powerfully fulminō● in vanos illos fulminatores et vacua fulmina Capitolij, learned Andrew's, or any other of our grave men; of whom you might say, they speak to please the King. They are free and frank Frenchmen that speak, in France itself, the mother of all franchise and freedom; free, not only in their bodies, but without prejudice in their minds. For of those Frenchmen they are not that part, which, being nearer in faith to us here, you might perhaps nickname Puritan, open and opposite enemies to the Pope; No such matter; They are your own dear Brethren, rather than our common friends, the same sheep of one pretended fold with yourselves, the Pope's most obedient and gentle children: who rather by too gracious & charitable a granting, then by a restraining manner, rather give a new far stretched power to your common father, then abridge him of any of his old. It is, I say, whole France that speaks by her Sorbonne, & that whole society agreeing together as one man speaks also by one man, their Sindick & learned Speaker Riche●, very well known though not named: The Sorbonne of Paris, I say, so famous through all Christendom, & which being an ancient company of the most grave & learned French doctors in Divinity, & both canonical and civil law, is, as it were, a continual standing council in France allowed by the Pope, at least represents it as long as there is none else; and to their oracles, in that respect, all France in a time of need, yea verte often many foreign Countries have had their refuge. For even when at the first this very same book came forth without a name, as a child exposed to fortune, that it might be the more free to any to oppose & allege what they would, what they could against it; Then indeed the Nuncio, perceiving his master so thoroughly let blood, not only in his Cefalica or Basilica, that is in his headship over the church, or royalty over Princes, but even in his Arteria magna, wherein consists the life and the spirit of all his being, runs in a great heat to divers Bishops and Cardinals; and gathering as many as he could to accompany one, the greatest indeed among them all, willing nilling (as one that truly hath ever been very moderate, but yet hath so near an interest in the Pope, both by oath & by hope he may well have to be a Pope himself one day, is, sure, he is more worthy of the place, than the place, as now it is, of him) sends him in all the haste to complain to the Counsel, and demand the suppression of this book. But that right worthy of that name Henry de Bourbon, most worthily the first Prince of the blood, having thoroughly perused it before hand, undertakes bravely the defence thereof &, in the behalf of our young Lewes his Lord & near kinsman, overthrows the reasons without reason, of the Bishops, Cardinal & all, giving by authority of the whole Counsel, more authority to the book than it had before. For e●en that other eye of France Charles de Bourbon, Earl of Soissons, taking then first notice of the book, & therefore not able to speak much to it, but upon the assurance of his nephew's sufficiency, caused it purposely to be translated to understand it better, and finding it also most just, equitable and well grounded, it was publicly printed in French, whereas it was before but in Latin. Then was Sorbonne also consulted (as they use in such cases) which gave freely their opinion in favour of the book, as knowing full well from whence it came, & beginning the, as it were, to avow it as their own. Whereupon the Nuntioes crew yet not yielding, but continuing to gather, itself together three or four days to advise of some means for their redress, as soon as that famous high Court of Parliament of Paris, the right arm of our Kings, & in some sort Protectors of the kingdom in a nonage, had notice of it, they sent immediately the king's Attorney general to bid them upon pain of the King's displeasure to separate themselves, & leave off such conventicles, which were not only without, but against the King's authority, & of the Church about such things as were allowed by his majesties most honourable priu● Counsel, by the Sorbonne, and by themselves, them three representing, as it were, the three Estates, that is to say the whole kingdom. And now that which that most Christian France saith, is nothing new, or of her own self, but Serenissime Venice hath said as much upon mature consultation of all her Divines, and saith so still; Catholic Spain itself thinking no less: which yet hath spoken sometimes as far as any of the rest, if not further, as their own manifold Councils held at Toledo, most learnedly cited in that Royal Apology for the Oath of Allegiance, do manifestly iterate and testify. France, Spain and Venice, the three Charites, the three minions of the Pope, that yet stick most strictly to him, and nevertheless, two of them at least, do but hold by a bare and very small thread; As the third also would stand in the like case, but that being so near and terryfying a neighbour of all sides unto the Pope, he holds him by the throat (as they say) being able to starve him to death with all the Consistory, whensoever he will but restrain the transportation of corn out of Sicily and other his dominions round about: whereby he commandeth more than he is commanded (not perhaps more than hated, if they durst show it) and never gives their holy Ghost leave to sing any other song, but that which he sends him ready pricked from Madrid. Now then, if these men when they have done all their utmost power, yea, in the stretching of their love & filial duty, enlarged kindness beyond that which they can well warrant; yet can they assign unto their father the Pope, no more than a general care of souls with a ministerial direction only for order and execution of Canons over particular Churches; no power at all over the universal Church in gross, much less over a general Council, much less, or in the same degree, over the bodies of men by violence, or any temporal punishment, but by mere counsel & persuasion only: And if not so much as over private bodies, lest of all over Kings and civil Princes, which rather they allow and openly acknowledge to have right and authority to command both Church and Churchmen in some cases; to which Princes all men, aswell Ecclesiastical as Civil, must be most humble and faithful subjects, as being (in so much as they be Lords of the territory) established by God, Protectors and defenders of the Church, and of both Divine and Natural laws with attribution of the material Sword to themselves only, privatively and exclusively from all others within their own dominions. What stop then any more, dear brethren, but that you should gladly yield your natural duty and allegiance to your natural king, since ye are bound to yield it even to the froward? 1. Pet. 2.18. That you should willingly give him but that simple pawn of your loyalty, your oath, the simplest that could ever be imagined upon that great strait and necessity whereunto the State was brought by that portentous mischief, which did once so nearly and dangerously threaten kingdom and us all, as you yourselves have been most undoubting eye-witnesses? You shall not be Catholics nevertheless, and you know how little or nothing besides that, is required at your hands; your consciences are no ways pressed; your thoughts are most free, and your words (thank God for it and your gracious King) may freely express them. In so much that every day some of you (God forbidden I should say all) dispute as peremptorily, speak as odiously, decide as unchristianly, inveigh as publicly against us, and our Religion here, in the midst of London, to ourselves, and one to another to our own faces, as though they were in the very middle of Rome or Sevil very far from the pitiless fires of those hot Countries, where they burn without remission, not only such as speak the least word, I do not say against God (for they let them alone) but against the Pope, (for that is the greater sin) yea even against those they can by any means discover to have had, at any time, any thought, or be able afterwards to have it, against him. Only all you may complain of, is that ye have not as free and as public exercise, as we, of the rites of your Religion: And yet in some sort have ye it, by hook and by crook, or by a sovereign transcendency of grace; so much have ever all Magistrates of our Religion abhorred extreme execution of the laws, but being forced thereunto by violent attempts. For shame therefore be contented; Enjoy peaceably that liberty which you may buy so cheap; and rather love the certain quietness of your present estate, than the incertitude of another, which sure cannot be but troublesome. Force not by an unnatural rebellious wilfulness in so just, in so lawful a matter, your natural and most gracious King to be most ununwillingly, and with a great grief to h●s heart, more sharp against you then the sweet inclination and meekness of his royal nature will bear. I conclude with an addition, to your further encouragement, of some decrees d cided and set down two hundred years ago by the very same Sorbonne against that false doctrine, and such as seemed then to broach it a new, whom they never failed to condemn, and caused them publicly to ask pardon and make satisfaction, as Friar john Sarazin, john Tanquarell, Florentin jacob, Thomas de Blanzy, and sundry others at sundry times did; Which decrees yet now of late they have caused again to be printed by their own Printer, Felix de Blanuile, in S. Victor's street in Paris, and bound together with this present book, with this title, Of the power and supremacy of the Pope. Against the Sectaries of this age. Repeating once more the definition of the Church, as it is set down in the title page of this book, to point, as it were, with the finger that both sprung together out of one & the same fountain: Whereby you may see how careful they have ever been to dash the young ones of Babylon against the right rock of the truth. The decrees are these, after a long rehearsal of the cause and ceremonies of Sarrazins recantation, in presence of the Rector of the University, and whole scores of Doctors there named one by one, as witnesses. THat all powers of Ecclesiastical jurisdiction, other than that of the Pope, are from Christ himself in as much as concerneth primary institution and collation; but from the Pope, and from the Church, for limitation and ministerial dispensation only. That those powers are of divine right and immediately ordained by God. That we find in the Scripture that Christ hath founded his church, and expressly ordained other powers, differing from that of the Pope. That whensoever any matters be ordained in a Council, the whole authority which giveth force to the decrees doth reside not in the Pope only and alone, but principally in the holy Ghost and the Catholic Church. That by the text of the Scripture and doctrine of the Apostles, we see directly that authority of jurisdiction was conferred upon the Apostles and Disciples when Christ did send them forth. That the power of jurisdiction of inferior Prelates, either Bishops or Curates, is immediately from God, according to the doctrine of the Gospel and the Apostles. That there is some power, that is the power of the Church, which of right and incertain cases can decree against the Pope. That any man living of whatsoever title, authority, dignity, or pre-eminence he may be, even though he were a Pope, if only he have the use of reason, may commit Simony. Finally, most hearty entreating you to take in the best part of this my loving zeal and fervent affection, I cease; yet never ceasing most devoutly to pray still both for your own good, for the king's service, for the peace of the land, & generally for the service of God, that he will give me grace I may tru●ly say with Paul, in your behalf (since the case is not very much unlike) that which he saith of the jews, Rom. 9 I speak the truth in Christ, I lie not, my conscience bearing me witness in the holy Ghost, that I have great heaviness and continual sorrow in my heart, for I would myself even be separate for my brethren the [Romish Catholics] to whom pertained the adoption, and the glory, and the covenants, and the giving of the law, and the service of God and the promises, of whom are the Fathers, and who having bequeathed or rather bequited them unto us, as the Synagogue had done unto them, both remain deprived thereof; Whereunto I pray God from the bottom of my heart to restore you all again with us, that so both jews and all Christians, as natural brethren after a long discord reconciled together under one God and father, one Lord and Elder Brother, in one Church and Mother, may enjoy together one eternal glory in the heavenly jerusalem, which is the mother of us all. Amen. The Argument of the whole Treatise consisting of eighteen Sections. Ecclesiastical jurisdiction, chief and essentially belongs to the Church, but to the Pope and other Bishops ministerially only, as the power of seeing to the eye. Christ immediately and by himself did give the keys or jurisdiction unto the hierachicall order, by the immediate and real sending forth of all the Apostles and Disciples. The definition of the Church, by essential causes. S. Peter is only the dispenser & ministerial head, but Christ the right absolute Lord, essential & head, founder & foundation, of the Church. Wherefore all arguments drawn from the ministerial to the essential head, come short & are fallacious, * A dicto secundum 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 government; the state being monarchical, only to maintain order and unity, and to the powerful execution of the Canons; But the government is Aristocratical for wholesome counsel, infallible providence and constitution of Canons: For the Church is governed 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 only to Peter: And that proved by the practice of the whole Church. This place of the Gospel expounded, Simon, Behold, Satan hath desired to widow you as wheat; but I have prayed for thee, that thy faith fail not &c. The frequent holding of Counsels is absolutely and simply necessary to the better and more holy governing of the Church; and in what cases the Bulls and Decretals of Popes do bind. How far the fullness of the Pope's power may be extended; And in what case he may dispense with the canons of Counsels. Though the Church have but one essential head nevertheless in regard of the exercise and execution of government, she is differently ruled by the Pope, and by the Civil Prince. Whereas the Church hath neither territory, nor right of the Sword, from Christ (being only ordained to a supernatural and spiritual end) she can determine of the means necessary to salvation, only by persuasion and direction, not by constraint or inflicting of temporal punishments. The civil Prince, as being Lord of the Commonwealth, and Country, is the Protector and defender both of the Divine, Natural and Canonical law, And to those ends may both establish laws, and exercise the sword. The Civil Prince by the title of Protector of the Church, and defender of the Canons, is the lawful judge of all, * Appellationes de abusu. appeals for abuse, as they are termed: And from thence have the liberties of the Gallicane Church had their beginning. Confutation of those arguments which due attribute absolute authority to Popes. In a general Council the Pope is held to be the head, so far forth as concerns preaching of the word, administration of Sacraments and execution of Canons; but not as touching direction and corrective power over the whole Council. This Canon expounded, No body must judge the first See. The final cause of the Church, which is everlasting life by a good government, shows evidently 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 temporal things; And the answer to the contrary arguments. A TREATISE OF Ecclesiastical and Politic power. IT is a common Principle and of an undoubted faith, that God & Nature have still a more chief and immediate regard to the whole, then to any part, never so noble, thereof. And for an example the power of Seeing hath therefore been given unto man, that it might be executed by the eye, as man's instrument and minister to that purpose; for the eye subsisteth both by man, and for man. The School of Paris building upon that most infallible ground, conformably to the opinion of all ancient Doctors of the Church, hath ever and most constantly taught, That Christ in the foundation of his Church hath more chief, immediately and essentially given the keys, or authority to the whole Church, then to Peter; Or (which comes all to one) That he hath given the keys to the whole Church, ministerially to be used by one man: Seeing all Ecclesiastical power belongs properly, essentially and first, to the Church; but to the Pope, and other Bishops instrumentally, and ministerially, and only so far forth as concerns the exercising, as the power of seeing to the eye: Let no body therefore glory 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 Christ's, and Christ's Gods. 1. Cor. 3. etc. For surely when it pleased our Saviour Mat. 16.19. to promise by words of future, the keys to Saint Peter in the name of the whole Church, after this manner, I will give thee the keys of the kingdom of heaven, etc. He did afterwards actually give and deliver them to the whole hierarchical order together, First by a general commission, Mat. 18.17. where he doth establish the Church sufficient in itself, & a chief Governess Tell it unto the Church; Secondly, by a real sending forth. Luc. 10.1. The Lord appointed other scutcheon also, and sent them two and two before him, into every city & place whither he himself should come. john 17.18. Likewise when a little before, or immediately after the celebration of the Lords supper, he prayeth to his father for his Church in these words; As thou hast sent me into the world, so have I sent them into the world; and for their sakes sanctify I myself, that they also may be sanctified through the truth; And a verse farther, That they all may be one, as thou, O father, art in me, and I in thee; and may also be one in us, that the world may believe thou hast sent me; And one verse after, That they may be made perfect in one etc. By which words it appears clearly, That Christ hath not delivered the infallible power of the Keys somuch unto Peter himself and alone, as unto the unity itself; as S. Cyprian and S. Austen do confirm, 24. quaest 1. can Quodcunque, can. Loquitur, can. Alienus Moreover, john 20.21. As my father sent me, so send I you, Receive the holy Ghost, whosoever: sins you remit etc. Seeing then, that true and real mission is a conferring of jurisdiction, by the authority of the Apostle, Rom. 10.15. And how shall they preach except they be sent? And Christ immediately, individually and jointly hath sent all his Apostles and Disciples (which did represent the Episcopal and Priestly order) as he had been sent of his father, that is with a just and spiritual authority, necessary for the government of the Church; It follows, That the whole hierarchical order, consisting of Bishops & Priests, doth derive immediately, yet in a proportion and subordination, his power and jurisdiction (that is his authority for the governing of the Church) from Christ▪ As in France, inferior judges and Magistrates, although subject to Parliaments, derive aswell and as directly their authority from the King, as the Parliaments themselves. For those that be are ordained of God: And had never been so ordained if there were not some subordination between those magistrates, and the Ecclesiastical persons. And finally the testimony of Paul, Acts 20.28. Take heed therefore unto yourselves, and to all the flock whereof the holy Ghost hath made you Bishops to govern the Church of God. Which doctrine S. Bernard lib. 3. de Consider, ad Eugen. cap. 10. doth very clearly make manifest. Thou dost deceive thyself (saith he) if thou thinkest that as your Apostolical power was ordained by God to be chiefest, so also to be alone. If thou be of that mind, thou art not of his mind who said Rom. 13.1. That there is no power but from God, Therefore that which follows, Whosoever resisteth the power, resisteth the ordinance of God, though it make principally for thee, nevertheless not singularly. For the self same who said, Let every soul be subject unto the higher powers, did not say unto the higher power, as though they were but in one, but speaks in the plural as being in many. Wherhfore thy power is not alone from God; There are some of the middle sort yea & some inferior. And as they whom God hath joined must not be severed, no more those who are subject to others must be compared to them. Thou dost form a monster, if removing a finger from the hand, thou wilt have it hang at the head, superior to the hand, collateral to the arm: So is it if in the body of the Church, thou placest the members otherwise then he hath disposed them, * Ephes. 4 11 who hath set some in the Church to be Apostles, some Prophets, some Evangelists, some Pastors and Teachers, for the perfect union of the Saints in the work of the Ministry, and edification of the body of Christ. Let the Godly rather look the whole chapter. But if any happen to object that this power which Christ by an immediate mission did transfer to his Disciples, doth not so much concern the authority of the outward, as of the inward Court. The answer is, that universally all the ancient fathers of the Church have absolutely expounded it of whatsoever power necessary to rule the Church, as well in the inward, as in the outward Court; And that we are bound a great deal more to give credit to their sound decisions, them to the subtle distinctions of some Novalists, forged at pleasure, more easily to maintain & enlarge their liberties, & extraordinary missions, even to the overthrow of common right. Besides, That the sum of the whole outward jurisdiction reaches no farther than to the power of excommunication, which afterwards Sect. 6 shallbe clearly proved to have immediately been delivered up by Christ to the Church. Yet perhaps they will pretend, that this power of jurisdiction was indeed ordained & conferred at first by Christ to the whole Church, but with such condition, that it should be afterwards continued & conferred to other Bishops, by the Popes, as successors to S. Peter: And therefore now all authority cometh & is derived only from thence. But thus stop you their mouth, That it is most apparent by the practice of the primitive Church, & by the holy canons, that all collations of benefices (as they are now called,) have been 1400. years together made by a common right, that is, by holy elections. The reason is, because all principality, so far as concerns compulsive power, depends of the consent of men, ●s both divine & natural law do confirm; against which neither length of time, privilege of places, nor dignity of persons, can ever prescribe. Which ground being thus laid and settled, of necessity these eight next ensuing principles must directly follow. The first shall unfold the definition of the Church, Which is a Monarchical government ordained to a supernatural and spiritual end, tempered with an Aristocratical order (which is the best of all, and most conformable to nature) by the greatest Pastor of souls, jesus Christ our Lord; Who is the only King, Monarch, absolute Lord, Founder, foundation and essential head of the Church, having an absolute and purely monarchical command over her: And who, although by his omnipotency, and infinite power, he might have saved all mankind without the scandal of the Cross, nevertheless to confound and overthrow the power, pride, arrogancy and wisdom of the world, And teach his Ministers to think most lowly of themselves, Yet was pleased by the foolishness of preaching to save them that believe, that no flesh should glory in his presence, Cor. 1.25.29. Whereof we will treat Section. 11. From whence we do also infer, this Article of faith [I believe one holy Catholic Church] to be of an everlasting verity, seeing as long as the evangelical Law doth stand, Christ cannot make any divorce from the Church, his Spouse. Which cannot properly be said of her simbolical and Ministerial head, the Pope; Whom we often see to be absent and present, for a time at least, without destruction of the Church, for who is ignorant that the Apostolic Sea hath sometimes three, sometimes seven years▪ been vacant? So that the Commandment of having a Pope is affirmative, and not negative. The second principle teacheth, That Saint Peter is only the dispenser and Ministerial head, not the Lord, Founder or foundation of the Church; Titles which belong indeed unto one Christ alone, and only the essential head; by whom, and for whom the Church subsisteth: for which cause also he speaks thus to Peter,, Matthew 16.18. Thou art Peter and upon this rock will I build my Church, and the gates of hell shall not prevail against it. Wherein is to be noted that he doth not say thy Church, or the gates of Hell shall not prevail against thee; likewise john 21.15. Feed my Lambs, Feed my Sheep, he doth not say thy Sheep, or thy Lambs: And that purposely, to show that Ecclesiastical men are called to a mere and simple dispensation or administration, not to any temporal Dominion or Government merely and absolute Monarchical. The Kings of the Nations reign over them, but with you it shall not be so Luc. 22.25. and 1. Peter 5.2. Feed the flock which depends upon you, caring for it, not by constraint, but willingly, not as Lords of the flock, but that ye may be a good example to them. Which places of the Scripture Bernard ad Eugen. lib. ● cap. 5. doth expound after this sort. Go then thou also, and usurp, if thou dare, either an Apostleship being a Lord, or a Lordship being Apostolical. Thou art plainly forbidden both, and if thou wouldst possess both together, thou shalt lose both This is the Apostolical form, Dominion is forbidden, ministration is commanded and commended by the example of the lawgiver, * Luc. ●2. 27. I am in the midst of you as one that ministereth etc. By which both Saint Peter and Bernard do set before our eyes a pattern of aristocratical government▪ which shall be more largely described afterwards Sect. 5. 6. and 8. I am not ignorant that our Novelists, better to defend their privileges, do maintain that by these words, Feed my sheep, Christ hath given the whole Ecclesiastical jurisdiction, solely to Peter alone, to distribute it afterwards at his pleasure to whom he would. But those idle pretences are so plainly and manifestly confuted by the Oracles of holy Scripture, by the testimony of all ancient Fathers, and by the whole practice of the primitive Church, that it is a great wonder how they dare forge such absurdities. For indeed this speech of our Lord, Feed my sheep etc. doth confer upon S. Peter, as a ministerial head a prime and full authority of administering, or executing the divine, natural▪ and canonical law, according to the rules of aristocratical moderation: Upon which point look Sect. 9 Which grounds being thus laid, all those and other like arguments remain very easily answered, That Petrus is Petra, the foundation & head of the Church, and therefore without him the Church falleth: Or that as a body being without a head, a stream without a spring, a beam without a Sun, a branch without a stock, an arm of a tree cut from his body, perisheth and withereth; no more can the Church subsist without a Pope. As though the Pope were the primary, and not the secondary, the essential, and not the ministerial, Head of the Church. Whence follows that the commandment of having a Pope binds, * Ad semper non pro semper, As Schoolmen speak. for ever, but not at all times. The third principle makes a distinction between the State of the Church and her government 〈◊〉 the State indeed is monarchical, as well to maintain unity & order, as to execute the Canons, which execution is proper enough to the Pope, as to a ministerial head: But the government is Aristocratical, for found providence, effectual counsel, and decreeing of those Canons; for which cause we said Sect. 1. That the keys were given to the whole Church to be used by one man. For God hath ordained his Church, his Spouse, to be governed by Canon or counsel, that the Pope and other Bishops might not be able to decree any thing of moment of their own head, or by the advice of some oligarchical Council, that is to say of few; but that they should often assemble & crave the advice of an aristocratical Council of the church. Therefore do we read that it was ordained by the ancient Fathers, that every year two provincial Counsels should be assembled. For look what proportion there is betwixt a general Council and the Pope, the same is also between particular synods & their Bishops. For particular Churches likewise must be governed by their own Bishops, with the rule of Canons, not with absolute power. Furthermore we hold, the right and natural Senate or Counsel of the Church, instructed by our Lord, to be not only the assembly of all the Bishops, but of all Priests having charge of souls; Of the which the former succeed the Apostles, the latter the seventy Disciples. Dist. ●8. Can. Charepiscopi; ibid. Quaest. 1. Can. Ecclesia; and Dist. 23. Can. Presbyter. For the Priests indeed in times past did go 〈◊〉 the Church in common, as Saint Hierome doct. wi●nes. Can. Legimus. Dist. 93. The fourth principle is, That the infallible power of decreeing and making Canon, is in the power of the whole Church, or of a general Council representing the same: Wherein principally consisteth the nature of aristrocraticall government, and is most clearly demonstrated, partly by divine, partly by natural light. For indeed many eyes can see farther and clearer than one alone, neither is it given either from God or nature to any one alone to be wise, lest he should glo●ie in himself. Moreover. The body (of the Church) is not one member only, but many▪ If the whole body were an eye, where were the hearing ● Cor. 12.24.17. And the spirits of the Prophets are 〈◊〉 the Prophets; that is to the Church. 1. Cor. 14 〈…〉 There is but one Bishopric, whereof a part is 〈…〉 ●um, that is wholly, by every one. 24. Quaest. 〈…〉 stir. Wherefore it is necessary that 〈…〉 ●ncernes all, should be● also approved 〈…〉, Since every high Priest is taken from 〈…〉 ●mpassed with infirmity. Heb. 5.1.2. 〈…〉 and be deceived, except he req● 〈…〉 Church, which is the pillar & groun● 〈…〉 ●refore when Christ was ready t● 〈…〉 ●hee doth promise the spirit of 〈…〉 Church, not unto on● and only P●●. 〈…〉 And I w●●● pray the Father, and 〈…〉 ●ter, that he may abide with you for ever, 〈◊〉 ●he spirit of truth. And again. Mat. 18.15. h●● doth establish his Church sufficient in itself, and a chief Commandress, by the erecting of an infallible Court, whiles he doth so in these following words instruct Saint Pet●●, desirous to know how many times he should forgive his brother offending. If thy brother trespass against thee, go and prove him between thee and himself, 〈◊〉 etc. And if he refuse to hear the Church, 〈…〉 unto thee as an H●●then man and a Publican. Verily I say unto you 〈…〉 ye bind 〈…〉 shalb● 〈◊〉 in heaven etc. Again 〈…〉 if two of you sh●● agree in earth upon any ●●ing whatsoever they shall des●●▪ it shall be given: 〈…〉 which is in heaven▪ For where two or three are ga●●●red together in my 〈◊〉, there am I in th● midst of 〈◊〉 By which speech we learn that Christ hath grant, the power of excommunication immediately to the 〈◊〉 Order, which is signi●● hare by the 〈…〉 Church; for as the 〈◊〉 of ten dot● eminently and causelty com●●he ●●●umb●●s ● likewise doth this former speech, 〈◊〉 the Church, eminently I say, and causally compre●●●● all 〈…〉 ●a● power 〈◊〉 every supe●● 〈…〉 ma●dued with any jurisdiction, 〈…〉 ● Pope, or a general Coun●●●●▪ wherein 〈◊〉 the supreme and infallible co●●t-co●●●●●●nesse of authority all 〈…〉 resolve. And this is manifest, because as soon as the Lord had uttered this speech in the singular, Te●● the Church, he doth immediately add in the plural, Verily I say unto you, whatsoever ye shall hard ●n earth, etc. Whereby it manifestly appears that the Church is taken there formally & properly for man; ●●en gathered together, not for any one man alone. Therefore with the same current of speech, Christ gives also to the Church the power to assemble itself in a Council, and there infallibly to decree; Again I say unto you, If two of you shall agree together on earth etc. for where two or three are gathered together in my name, there am I in the midst of them. Neither is it to be passed in silence that Christ in this text doth denote the Aristocratical Council established by his own divine law, not the oligarchical, afterwards instituted by men; And that he hath purposely expressed a certain number, and that the least of numbers, for an uncertain, to take away from contentious men all occasion of shifting & avoiding; and to show that for a lust governing of the Church, the consent & agreement of two or three at the least is required, not of the Pope solely and alone. Truly to what side soever the adversaries will turn themselves, they must needs confess that these words, for where two or three are gathered together in my name, do necessarily exclude that absolute and infallible authority of the Pope alone, and do prove that the Church cannot be bound against her will, nor without her consent & advice required, which every way agreeth with the natural law, & is sufficiently confirmed by the practice of the Ancient Church. For the Council of jerusalem with the consent & voices of all the Apostles and Priests concludes with this style. Act. 15.28. It seemed good to the holy ghost and to us. Moreover the Fathers of the African Church, amongst whom was Saint Austen writ unto Pope Celestin 1. in these words. That it is not credible that God doth inspire the I●stice of examination into any one man, and deny it to an ●●nume●●● number of men lawfully gathered together is a Councel●. The opinion also of Pope Zozimus make for the confirmation of this doctrine, when writing to the Bishops of France he confesseth himself plainly to be inferior to the Council, and the authority of the Apostolical Sea not able to derogate from the holy decrees of councils, 25 Quaest. 1. C●●●. To decree or change any thing against the decrees of the fathers, no not the very authority of this 〈◊〉 is able to do it. Holy antiquity, lives with v●, unshaken in h●● foundation, whereunto the decrees of the fathers ha●e ordained all reverence. To this may well be added the answer of Gregory the great, Who confesseth that he reverenceth the four general councils, even as the four books of the holy Gospel; for being constituted with universal consent whosoever presumes to lose that which they bind, or to bind that which they lose, doth but destroy himself and not them Dist. 15. Can. Sicut Sancti evangelii. And truly if one will, never so little, peruse the acts of general councils, he shall easily perceive, that the Pope doth not solely and himself alone make decrees of the Catholic faith in those general Synods, but doth infer and conclude them by the induction and consent universally taken of all particular Churches. Which indeed is the most certain and most evident proof of an Aristocratical government, and is confirmed. Can. Maiores. 24. Quaest. 1. But if some perhaps will yet argue that Christ did pray for Peter. 22. Luc. 32. that his faith should not fail, and commanded him to confirm his brethren. We answer to the first part, that this promise of Christ according to the literal sense of the Scripture, doth not extend farther than the time of the Lords passion; Wherein the scandal of the Cross was most furiously to rage's against all the disciples, and principally against Peter, who thrice denied his Master. Whereupon the Lord speaks after this manner to them all. Mat. 26.31. All ye shall be offended in me this night, for it is written, I will smite the Shepherd, and the sheep of the flock shallbe scattered. But Peter answering said unto him, Though all men should be offended in thee, yet will I never be offended; jesus said unto him, verily I say unto thee, that this night before the Cock crow thou shalt deny me thrice. Moreover, Luc. 22.31. Simon, behold, Satan hath desired you, to winnow you as wheat, but I have prayed for thee, that thy faith fail not, wherefore when thou art converted, strengthen thy brethren. Wherein is principally to be noted that Christ did not say to Peter, I have prayed for thee that thou mayst never err, or be subject to be deceived; But only I have prayed for thee, that thy faith fail not: And that Peter indeed did err, yet his faith never failed him, in regard of the habit, but only of the act, for he did only deny the Lord with his mouth, not with his heart. To the second point, who will advisedly examine that which precedes and follows this text, even at the first sight he shall find that after Saint Peter was out of that dangerous staggering of his treble denial, and come again to his right senses as from a most deep and dead sleep, he was far more able both to settle and stay his wavering fellows, and to call again to the Church all his scattered brethren, that there together they might expect the resurrection of the Lord. Therefore that argument of theirs is fallacious, being inferred a dicto secundum quid, ad dictum simplicitèr, from that which is said in some respect, to that which is affirmed simply. For that privilege did reach no farther than Saint Peter himself and alone, because of the imminent scandal of the Cross. And sure if the Pope alone and not the Church, jointly taken, be infallible, It follows that Saint Paul sinned most grievously, Galat. 2.11. telling us so plainly that therefore Saint Peter was reprehensible, because he went not the right way to the truth of the Gospel; Which words are most worthy to be noted. Besides that, this reprehension, as the Parisian Chancellor well observeth, is equivalent to an appeal to a Council. For if Saint Peter had at that time resisted Saint Paul justly reproving him, no doubt but the Church, gathering herself together in a Council, would have taken up the difference betwixt them, as a little before she had decided the controversy about the observation of legal Ceremonies. Act. 15.1. In this place, as for a little accessory and enlarging of favour, we may add that Saint Peter by the right interpretation of the Scripture and Canons, may strengthen in the faith particular persons, or a Church, which are gone astray; and in that sense Saint Hierome in an Epistle to Pope Damasus doth require of him leave to say, or not say Hypostases in the plural number, which is as much as the interpretation of the Nicene Creed; I desire, saith he, from a Pastor the assistance he owes to a sheep; Consider of it according to your judgement, I shall not fear to say three Hypostases, if if you bid me: And the same hath ever been the regard of Theodoret, and of all the rest, when at any time they have had their refuge to the holy Apostolical Sea. The first principle shows, That often celebration of councils is absolutely and simply necessary, for the better and more holy governing of the Church, for as Aristotle saith in his politics, It is far more expedient to be ruled by laws, then by the absolute power of any whosoever. For laws indeed are instead of God, and are not possessed either with love or hatred, or any other human passion. Whence it comes that you find so often these Phrases in the Acts of the councils, To do any thing besides the Canon, without the Canon, against the Canon, according to the Canon. By which style is showed that the Church must be directed by Canon, and that in ancient times nothing was decreed without a Council, and Aristocratical moderation. Hence also is it that we read how the Bishops of France wrote unto Pope Nicholas that the Bulls and decretals of Popes do no way bind unless they agree with the discipline of Canons, and councils formerly received and approved. Can. Si Romanorum Dist. 9 To which also ought to be referred the Canon Omnia. Quaest. 1. Whereupon look Flodoardus lib. 3. cap. 21. pag. 231. Whom Father Sirmond a jesuite hath even of late published, since indeed the Pope which is but the ministerial head cannot bind the universal Church without calling her, without hearing her, and without taking her counsel and consent. For then are the laws established when they are published, and then confirmed, when approved by the practice of those that live under them. As Austen witnesseth, Dist. 4. Can. In istis And therein stands principally the liberty of the Catholic Church, or the Aristocratical government, and is the speediest and gentlest means to unite and prevent Schisms again. Upon the ground of which principle Hinemarus Archbishop of Rheims answereth to another Hinemarus Bishop of Laon, his Nephew, That the decretal Epistles of Popes reported to be set forth before the Council of Nice are but of small credit, because they agreed not with the holy Canons. Whereupon look likewise Flodoard lib. 3. cap. 22. fol. 243 verso etc. 244. recto. And from thence also we may plainly learn what law our French Predecessors have ever used. The sixth principle defines the fullness of the Pope's authority. First, towards the particular Churches dispersed through the world, but no manner of way towards the whole Church gathered together in a Council; Secondly, in the matter of execution, interpretation, and dispensation; but no ways to the constitution of Canons, unless either by himself, or by his Legates he preside in the Council, and gather the voices and consent of all the Fathers as we have proved Sect. 6. But the Pope may dispense with the decrees of councils in such a case only as the Council itself might dispense, were it assembled; And that is confirmed by the opinion of Pope Zozimus, which we have commended Sect. 6. As also of Leo 7. Can. Privilegio. Dispensation, saith he, is committed unto us, and it shall be laid to our charge, if the Canons decreed by the fathers be violated, either with our consent or carelessness. Saint Bernard lib. 3. ad Eugen. cap. 10. What? sayst thou, dost thou forbid us to dispense? No, but to dissipate. I am not so ignorant that I do not know that you are placed to be dispensers, but to edification, not to destruction. Finally it is required at the hands of dispensers that they be found faithful. Where necessity urgeth dispensation is excusable; when utility inciteth it is commended; common utility, I say, not private. So that in these two points which we have treated of in this discourse, all the Monarchical estate of the Church, or the fullness of the Pope's authority, doth principally consist; not in an absolute power, which many of our Novalists now, against both divine and natural law, strive to intrude into the Church. Certainly eight hundred years ago and above, that is even before the translation of the Roman Empire to our Nation, the Popes did but call themselves maintainers and executors of the Canons. Finally by tract of time, when all Christendom lay altogether buried in the logs of darkness and ignorance, they gathered to themselves absolute authority to decree of all things; Especially since the time of Gregory the seventh, whole life, largely written by Onuphrius, those that are curious of the truth of the Story may read: And they shall further observe that the Pope regularly and ordinarily hath the power to call the general councils, in so much as he hath power over the particular Churches dispersed over the face of the whole Earth. Now the sum of all this disputation is, that from the monarchical State of the Church, all unity and order, with a powerful execution of the Canons do proceed. But from the Aristocratical government proceedeth most holy counsel, infallible providence, and final decision; Whereby the Christian Commonwealth is governed to a perpetual edification, not destruction. The seventh principle teacheth us, That the Church taken either for the whole company of the faithful, or for the Christian Commonwealth, is contented with her sole only head, and essential foundation our Lord jesus Christ, Nevertheless in the matter of exercise and execution of government in this Christian Commonwealth, she is differently ruled by two divers persons, that is by the Pope, and the Civil Prince, Can. Duo sunt Dist. 96 and Can Principes, 25 Quaest. 5. Conformably to the commandment of the Lord Mat. 22.21. Give unto Caesar the things which are Caesar's, and to God those that are Gods. For by this, as by a mutual band of love and obligation, the Lord was pleased to knit together the Church & the Civil power; that Princes & Churchmen should not quarrel one against another. Which wholesome distinction, whosoever they be that know not, or do dissemble, or confound, do run upon huge and most perilous rocks, and make Church men, as factious and dangerous persons, suspected to the Civil Princes. But for our 8 principle, Let us enter a little further in this point: for since the evangelical law hath no other end but everlasting life, and the soul of man for his matter and natural subject; It ought wholly to apply itself about the direction of the inward motions of the conscience, but no ways in any outward force or violence; And therefore judgeth only of means necessary to salvation, conformably to the essential & spiritual causes of Christian religion; that is persuasively only, and directively, in preaching of the word, administration of Sacraments, and, if need require, exclusion of Communion with the Church by virtue of censures, the spiritual arms of the Church; which in ancient times it was a great crime to exercise without mature counsel and Aristocratical moderation of the Priestly order, as we have spoken Sect. 5. And so much the nature of Aristocratical government did require, and ever since that hath been discontinued, the learned know what disturbance of Ecclesiastical discipline hath ensued. Now this doctrine is grounded, partly upon the definition of the Church delivered, Sect. 3. partly upon many strong and evident Oracles of the Scripture. Doth not our Lord distinctly aver to Pilate, john 18.36. that his Kingdom is not of this world? And Luc. 9.58. The foxes have holes, and the birds of heaven nests, but the son of man hath not whereon to lay his head? As though he would say, That the Church, as from God, hath neither territory, nor use of sword, of prison, or of any corporal punishment: for the soul, which is the only and proper subject of evangelical law, is only moved by an inward, not by an outward beginning: but the right of the material sword necessarily followeth the territory, as they effect the cause. Hence was it that the Lord did answers to one of the people that desired him to bid his brother to divide with him their father's inheritance, Luc. 12.14. Man, who made me a judge, or a divider over you? As though he had said, That the Church which hath for her subject the souls of men, not earthly Dominions, ought not to judge of earthly inheritances and possessions. For walking in the flesh, yet do we not war after the flesh; for the weapons of our warfare are not carnal, but mighty through God to cast down holds, casting down the imaginations and every high thing that is exalted against the knowledge of God, and bringing into captivity every thought to the obedience of Christ. 2 Cor. 10.3. Where is to be noted, that by the material sword the bodies may be compelled, yea killed, but by no such means the thoughts to be captivated to the obedience of Christ; for that is only effected by the wholesome food of the Word and Sacraments. And to this the witness of Paul, Philip. 3.20. Our Politeuma, that is Christian government, is wholly in heaven, from whence we look for the Saviour jesus Christ our Lord; And so indeed would our Lord have it, that Church men should not meddle in violent and temporal matters. Will you have also the testimony of Saint Bernard? They shall never show, saith he, when ever any of the Apostles hath sitten as a judge of men, divider of bounds, or distributer of grounds. Finally I read that the Apostles did stand before the judges to be judged, but not that they did sit judging others. Therefore your power reaches no further than to sins, not to possessions; because for those, not for these, you did receive the keys of the Kingdom of heaven, to shut out offenders only, not possessors. I pray thee, which power and dignity dost thou esteem greater, to remit sins, or to divide possessions? But there is no comparison therein. These earthly and inferior things have their judges by themselves, the Kings and Princes of the earth, Why do ye invade other men's liberties? Against those divine oracles, though more clear than noone-light, two objections principally are made; The first, that Ananias and Saphira his wife were punished with death by Saint Peter, because of their lie to the holy Ghost Act. 5. The second, that the Apostle seemeth to teach Christians, whilst they lived under Heathen Princes and Magistrates, that they might choose judges among themselves in their civil businesses, 1. Cor. 6.4. If then ye have judgements of things pertaining to this life, set them up which are least esteemed in the Church. We answer to the first that such a great action of Saint Peter was altogether miraculous, extraordinary and wholly by the inspiration of the holy Ghost; And therefore not appliable to ordinary right, nor can no more be drawn into argument in either, than these words, jerem. 1.10. Behold this day have I set thee over Nations and Kingdoms, to pluck up, to root out, to destroy and to thre● down; Or that place of the two swords. Luc. 22.38. seeing both places must be understood Allegorically and spiritually, but that from an Allegorical and mystical sense there can no forcible argument be drawn, the very children know it. Neither is there any reason that the authority of Saint Bernard should breed any scruple in any man's mind, lib. 4. cap. 4 ad Eugen. Put up thy sword into thy sheath; The sword therefore is also thine, to be perhaps unsheathed at thy direction, though not with thine own hand. For both spiritual and material swords belong to the Church; But the one to be drawn for the Church, and the other by the Church. That by the hand of the Priest; this, of the Soldier, though indeed by the Priest's appointment, but by the Emperor's commandment. For indeed these words do but show, That the Church hath right to give the sign, that is to say, to teach and persuade when the Civil Prince ought to draw his sword for the glory of God. Whereof we will speak in the Section following. And truly when Churchmen did excel in holiness of life, Christian Princes, to remove all suspicion of injustice from their consultations and enterprises, did use, and that very justly, the counsel of Clergymen both in peace and in war. But as justly again have they left to take it, since Churchmen gave occasion to suspect that they affected that temporal Monarchy, whereof Eugubinus, Bozius, Garrerius and the very Cardinals Bellarmine and Baronius have written most laborious books. Which opinion, even though it were true, yet wisdom and reason, should have taught those authors, at least in those most unlucky days, to abstain from such manner of writing. The second argument deceives ab ignoratione Elenshi, through unskilfulness of arguing; for howbeit those testimonies of holy Scripture, above commended, conclude manifestly, that the Church by divine right hath neither territory, right of sword, nor contentious Court: yet they do not deny but by human right and grant of Princes, she may very well have it. Now for this place in question, the Apostle doth not speak of the divine right, but of the human and arbitrary right, as when by a mutual agreement of the parties, private arbiters are chosen friendly to decide differences and controversies, without troublesome going to law. For every man will easily observe thus much, that shall read the 6. chap. of the 1. to the corinth. considerately and without all prejudice, only bringing with him a desire of the truth. Now let us pass to the civil power. Truly since the civil Prince is the Lord of the Commonwealth and Country, protector and defender of the divine, natural and canonical law, And to that end doth bear the sword; It is he alone that hath the power of constraining and restraining, by inflicting corporal punishment. Wherefore, for the good of the Church and execution of Ecclesiastical Canons, he may make laws, and enroll them among his Ordinances, Records & Charters, as we find that the Emperors, Constantine, Theodosius, justinian, Charles the great, Saint Lewis, Charles 7. Francis 1. and others of our Kings have done. Whereupon Saint Austen Epist. 48. ad Vincent. The Kings of the earth ought to serve Christ, even making laws for Christ, according to the admonition of David, Psalm 2.10. Be ye wise now therefore ye Kings, be learned ye judges of the earth, serve the Lord in fear. Eusebius likewise cap 24 lib. 4 of the life of Constantine the great, rehearseth that that Noble Emperor was wont thus to speak unto his Bishops; Ye are established Bishops by God, within the Church, and I a Bishop without. As if he would say, that it is the duty of Christian Princes, by virtue of their own offi●●●o make ordinances for the execution of the divine, natural and Canonical law; and if occasion require, draw the sword: yet keeping still the moderation of the parable of the tars Mat. 13.30. That is to say, without breach of the public peace. And the same is confirmed by the same Saint Austen Epist. ad Vincent. even now named. All which things being well conceived, It is easy to perceive both in what sense Optatus Milevitanus affirmeth, That the Church is within the Commonwealth, that is, as it were upon another man's ground, Territory, and Dominion; And also whether Christian Princes did in times past assemble the councils of Nice, Constantinople, Ephesus, Chalcedon, and other general Synods, rightfully or wrongfully: for that indeed concerns the execution of the divine, natural and Canonical law. Here for a corrollary and short addition we will add one word more, which is, That the natural liberties of the Catholic Church, or the common right given her by God and Nature, are clearly strengthened in these eight grounds and principles, so that none can except against them, but withal he must needs infringe the whole divine, natural and canonical law. And this, look how often it hath happened, so often hath it given just occasion to our Frenchmen to appeal from it as from an abuse; Of which appeals the Prince and Civil Magistrate, as being the protector of the Church, and defender of the Canons, hath the supreme moderation. For he judgeth 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 hear that Spaniards & other christian nations, when any thing proceeds from the Court of Rome, which is against their customs and orders, are wont to labour by entreaty that it might not be put in execution. Whence it appears that in the matter itself they agree with us, but disagree only in the form and manner of proceeding. A Confutation of the contrary opinion. THose that maintain the contrary opinion, that is the Pope's absolute power, First do confound the State of the Church, with the government of it: forsooth because Christ did adopt Saint Peter, for a Pastor of the Church, and his Vicar, john 21.15. he himself being the absolute King and Monarch thereof; therefore they conclude that absolute and purely Monarchical commandment belongs unto Saint Peter, as being Christ's lieutenant, And by and by that the Pope hath not only the whole Ecclesiastical power, but also all authority over the temporalty, indirectly at least, and in ordine ad spiritualia, with relation to spiritual things, as the most reverend Cardinal Bellarmine teacheth. Secondly, they infer that there is no need at all of holding councils for the better and more holy government of the Church, since the Lord hath delivered up unto Peter solely and alone, the infallible authority and power to confirm his brethren. Luc. 22.32. Thirdly they conclude that if councils be assembled at any time, the Church never 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 general councils concerning Ecclesiastical policy, and altogether disannul them, and make all new. Fiftly, that the Pope hath not only power over all the particular Churches scattered over the world, but even over the general Council, and that he himself is in no case subject unto the Council. All which weak grounds it is most easy for any to beat down, having once well conceived of our former principles. For in the first place, they all aim but at this, to ascribe that very same power to Peter, as the ministerial head, which only indeed 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 between the Master and the Steward, that is, between 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 read it Sect. 7. The third, the fourth, and the fift, be 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 over the Church, which Christ hath. And surely if we love the truth, we must freely say that by nature a desire is given to all men to be free and happy; but who may naturally be happy without freedom? But if the infallibility of decrecing, do decide out in the Pope solely and alone, no body then shall half the power of deliberative voice in the assemblies of the Church, which is against the pleasure of the Lord Matt. 18 18. Whereupon look our ● Section. So that if this opinion take place, it follows that Christ hath suffered all his extremities only to submit his Spouse the Church, that is to say all Christians, to the sovereign Empire of the Pope Which is directly contrary to the law of God and Nature. But now because of all the arguments of our Adversaries, three principally seem to be of some weight, we will also examine them. First, that Peter hath been ordained by Christ, to be the Shepherd over the whole Church, in these words. Feed my sheep, and that by that divine speech neither Apostles nor general Counsels are excluded being all Christ's sheep, and therefore to be fed by S. Peter the Vicar of Christ. To that we answer, that by these words Christ did give no other authority but ministerial unto Peter, as we have proved Sect. 4.5. and 9 And that the duty of a Minister and Vicar is to put in execution the precepts of the Divine, Natural, and Canonical law, but yet according to the rules of the Aristocratical temper ordained by God: And that therefore Peter is accounted a Pastor, only for the execution of Canons, administration of the word, and other such things, which may better be managed by one man alone, then by the whole Church gathered together in a Council. Their second argument is, That the whole Church gathered together in a Council, makes but one Family, one Flock, one Kingdom, and visible body of Christ; therefore must also necessarily have a visible head, the Pope: and, it would seem a strange Monster, if one body should have two supreme heads, the Pope, and the general Council. We answer, that the Church is a Monarchical policy tempered by an Aristocratical Government. Whence of necessity it follows that the Council hath the supreme power for direction of Government, correction, and authority, to make Canons; And as for Peter, he hath it only for the execution, exercise, and use of the ●●ies towards the particular Churches. Look our Sect. 4.5.6. and 9 Thirdly, they allege that in the Council held at Rome under Pope Silvester with 280. Bishops it is ordained, cap. 20. Let no body judge the first Sea, which is desirous to temper justice; The judge shall not be judged, no not of the Emperor, not of the whole Clergy, nor of King, nor of People. Which sentence Gratianus citeth 9 quest. 3. Can. Nemo. But if we must needs tell you what we think thereof, whosoever will duly consider that Canon, shall even at the first sight perceive that it is more hurtful than favourable to the Adversaries; because the opinion of the School of Paris, grounded upon the decree of the Synod of Constance, teaches, that the Pope may be judged by the Council in that case only, when he doth notoriously scandalise the Church, and is incorrigible. But if he be desirous to temper justice, truly he must be judged of no body, since he law is not made against a i●● man, being a perpetual law to himself. Secondly, although this Canon should decree absolutely, yet can it not derogate any thing from the authority of the decrees of the Council of Constance; since it was made in a particular Church, which indeed ought not to judge of the Pastor of the whole Church, unless he submit himself to the judgement of that Council, as once Pope Sixtus the third did. 2. quest. 4. Canon. Mandaslis. Therefore those words, No not of the whole Clergy, must he understood distributively of some Church, or particular Clergy, but not jointly of a whole general Council, as that of Constance, or Basill was. Thirdly, who is acquainted with the reading of councils, shall soon perceive, that there are many harsh and unproper things in this Canon, which make it justly suspected of manifest i●●eption. For certainly in those times the Fathers of the Church did not speak so gloriously, neither did the persecutions give them leave to think of any absolute power. Moreover, what needs to have spoken of Kings, since at that time there were none at all, but only the Roman Emperors? But thou, Christian Reader; we pray thee look thereupon Cardinal Cusanus. lib. 2. cap. 20. de concordantia Catholicas'. For all other authority, which are cited out of the writings of Popes, & read 9 quest. 3. there is no great account to be made of them, since john Gerson, and other Parisian Doctors do answer in a word, That none is to be believed in his own cause, except his testimony agree with the Divine, Natural, and Canonical law. But now it is contrary to the law of God and Nature, that the ministerial head should have power over the Church. And surely the final cause of the Church, which is everlasting life by a good government, declares evidently, that the Pope is by the Church, and for the Church; not contrariwise, The Church by, and for the Pope. Therefore in the matter of Ecclesiastical government, that Cephas, that was Peter, is subject unto the Church, as the eye unto man. 1. Cor. 3.21. Therefore let no man glory in men, for all things are yours. (that is of the Church) Whether it be Paul, or Apollo's, or Cephas, etc. Item, 2. Cor. 13.10. All power is given to edification, not to destruction. From whence it ariseth, as proved, that the Church by the Divine, and Natural law, can provide, and prevent, that the Pope may not rule her to her own destruction, as it was decided Conc. Constant. Sess. 4. and 5. Finally, whereas they cry so loud, that the Church hath an indirect authority over the Temporalty, it is true by way of doctrine, persuasion, direction, and exclusion from the communion of the Church, but false that it ought to be done by constraint, and deposition of Princes, as we have showed Sect. 11. & 12 Seeing the Church hath neither Territory, nor use of the material sword. Whosoever therefore do maintain, that the Church may lawfully depose Christian Princes, do even as much as if one should infer, that the Schoolmaster, because he hath the authority of Scholastical discipline, may disinherit his Disciples of their partrimonie, if they be obstinate against his discipline; Which also is fallacious, as being wrested à dicto secundum quid, addictum simpliciter, from that which is said in some respect, to that which is affirmed simply. For such things which are true in some one and peculiar sense, ought not to be stretched to an universal and absolute sense, but by Sophisters and jugglers only. And if they urge further that the Church is sufficient in itself, and a supreme commandress. The answer is, that that must be limited within those bounds which be assigned by nature to every thing: But the essential causes of the Church, will not suffer that churchmen should meddle with violent or secular businesses. Wherefore all the sufficiency of the Church government ought to be derived from the observation of the commandments of God, but not from any temporal Monarchy, or right of sword. Mat. 28.19. Go therefore and teach all nations, baptizing them, and teaching them to observe all things whatsoever I have commanded you, and lot I am with you always until the end of the world. For the arguments which do uphold this doctrine, we will reduce them to three heads. The first shall contain all the examples which Sanders, Bellarmine, Co●queus, and others set forth out of the old Testament, but all ab ignoratione Elenchi, through unskillfullnesse of arguing. Who is ignorant among us, that there is a far different nature of the jews Synagogue, and of the Christian Church, of the law of Moses, and of the Gospel. For these indeed had territory allotted them, & consequently might have right of mere command from God; which no wise man will ever affirm of the Church. And to this that the evangelical law compared to that of Moses, yea to any other law whatsoever, is a law truly Royal and full of mildness, and most perfect liberty, whereas the law of Moses was a most servile bondage, Act. 15.10. Gal. 4.3. The second head offereth unto us the authorities taken out the Canonical law, which Cardinal Bellarmine commended, namely cap. 3. Synod. Lateran. where it is ordained that Kings and Princes are to be deposed, which do not root out all Heretics from their Dominions. The answer is, that these and the like aught to have no more power against civil Princes, than the extravagant of Boniface 8. unam Sanctam, or the constitution of Paul 4. Cum ei Apostolatus of sive, which is to be read in the Directory for Inquisitors: seeing those decrees have been made not Synodically, that is, with consent of the whole Church, but by the Popes privately, and by their own proper motion; which therefore do not bind, because the Church is ruled by Canon, not by absolute power. Sect. 5. and 8. For the third head; we deny absolutely that the deposition of King Chilperi●, or the translation of the Empire to the French, was by the only authority of the Popes, without consent, authority, or desire of the people: And though it were true as they say, yet would it make but very little or nothing to the decision of our present Controversy, since it rather openeth a question of fact then of right; as also the examples of the deposing of Henry 4. Frederick 2. and other Emperors or Kings. Let therefore our adversaries dispute of right, not of fact: for our Lord jesus Christ hath ordained the Christian commonwealth, to be governed by good manners, and Canons, not by examples. The solution of all other arguments drawn either from holy Scripture, or any where else, may be taken out of the most learned Treatise of M. john of Paris touching Regal and Papal authority. Let all these things be subject unto the judgement of the Catholic Church. FINIS.