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clergy, they must not do any thing avayxa<rro);, nor a/V^go-
xigdug, not " for profit to themselves," not " with violence or
imposing necessity upon others." The ministers of religion
are very considerable in this kingdom of Christ, to promote
and to advance it by holy preachings and holy ministrations:
but it is true, which was solemnly declared in Babylon to
the prince of the captives, " officium ipsi non potestatem
injungi, et ab eo die incipiendum ipsi servire omnibus ;"
their eminence is nothing but an eminence of service, it is
the greatest ministry in the kingdom, but hath in it the least
of empire. But of this I shall have occasion to give a fuller
account. For the present, that which the present argument
intends to persuade is, that the ministers of religion are not
only officers under Christ's priesthood, but subjects in his
kingdom, which is administered by angels and Christian
princes in all the imperial, in the defensive and coactive,
parts and powers of it. The Christian king or supreme
magistrate can do every thing, <rXr t v povo* row /sgoufys/v,
as Comatenus said, "only except the sacred ministries;"
which is the same which was said by the famous Bishop of
Corduba, Hosius, in Athanasius; " Neque igitur fas est nobis
in terris imperium tenere, neque tu sacrorum et thymiamatum
habes potestatem, imperator, hoc est jus adolendi." The good
bishop was speaking of the fact of Ozias, who though he
had power over the priests, yet had nothing to do to meddle
with the rights of priesthood : " It is not lawful for us to
meddle with empire or the rights of government; nor for
thee, O emperor, with the rites of incense." The sum is
this, If Christ by his kingly power governs his Church, and

d Matt. xx. iio.



490 OF SUPREME CIVIL POWERS,

Christian kings are his deputies, then they also are the su-
preme, under Christ, of the whole government of the Church.

'20. (5.) So that now I shall not need to make use of the
precedents of the Old Testament, nor recite how David or-
dered the courses of the Levites, the use of the bow in the
choir, the solemnities of public service, nor how Solomon
put Abiathar from the high-priesthood, nor how Jehu, nor
Hezekiah, nor Josiah, reformed religion, pulled down idols,
burnt the groves, destroyed the worship of Baal, reduced the
religion of the God of Israel. This indeed is an excellent
argument, because it was a time in which God gave his
priests more secular eminence and external advantages than
ever he did since, and also because Christ changed nothing
in the kingdoms of the earth; he left them as he found them,
only he intended to make them ministers and portions of his
kingdom ; and that they should live privately, and govern
publicly, by his measures, that is, by the justice and mercy
evangelical. But this argument I was the more willing to
touch upon, because the Church of England much relies
upon it in this question, and excommunicates those who
deny the supreme civil power to have the same authority in
causes ecclesiastical, which the pious kings of the Hebrews
had over the synagogue : but I find the ancient doctors
of the Church pressing much upon the former ' medium,'
That Christ hath specially intrusted his Church to Christian
princes. For,

21. (6.) Christ shall call Christian kings to account for
souls. " Cognoscarit principes seculi Deo se debere rationem
reddere propter ecclesiam, quam a Christo tuendam susci-
piunt. Nam sive augeatur pax et disciplina ecclesiae per
fideles principes, sive solvatur, ille ab eis rationem exigit,
qui eorum potestati suam ecclesiam credidit," said Isidore
Hispalensis : e " Let the princes of the world know, that they
must give an account to God for the Church which they have
received from Christ into their protection. For whether the
peace and discipline of the Church be increased by faithful
princes, or whether it be dissolved, he who hath intrusted
his Church to their power, will exact an account from them."
And, therefore, Pope Leo to Leo the emperor gave this
advertisement;' " Debes incunctanter advertere regiam

In Sent. c. li. f Epist. Ixxv.



AND THEIR LAWS IN SPECIAL. 491

potestatera tibi non solum ad mundi regimen, sed maxime
ad ccclesiae presidium esse collatam ; You must diligently
remember that the supreme power is given to you, not only
for the government of the world, but especially for the safety
and defence of the Church." Now this defence not being
only the defence of guards, but of laws, not only of persons,
but especially of religion, must needs infer that kings have
something more to do in the Church than the court of guards
hath : he defends his subjects in the service of God ; he de-
fends and promotes this service ; he is not to defend them if
they disserve Christ, but to punish them, and of this he is
judge and exactor : and therefore this defence declares his
right and empire. " Ex quo imperatores facti sunt Christ-
iani, res ecclesiae ab ipsis dependisse :" so Socrates expresses
this question ; " Ever since the emperors became Christian,
the affairs of the Church have depended upon them." They
did so before, but they did not look after them : they had the
power from Christ, but they wanted his grace : they owed
duty to him, but they paid it not, because they had no love
for him. And therefore Christ took what care he pleased,
and supported it in persecution, and made it grow in despite
of opposition : and when he had done this long enough to
prove that the religion came from God, that it lost nothing
by persecution, but that his servants loved him and died for
him, then he called the princes into the house of Jacob,
and taught them how to administer his power to the pur-
poses of his own designment. Hence come those expressions
used often by antiquity concerning kings, calling them ' vi-
carios Dei,' ' verae religionis rectores,' tvffsfSilas xai vi<treca:
agWyovc, * the deputies of God,' ' governors of true religion,'
* the captains and conductors of faith and godliness ;' " ad
quorum curam, de qua Deo rationem reddituri erant, res ilia
maxime pertinebat; g for to their care religion and the Church
did belong, and concerning that care they were to give an
account to God."

22. Now if we descend to a consideration of the particu-
lar charges and offices of kings in relation to the Church, it
will not only be a mighty verification of the rule, but also
will minister to the determination of many cases of con-
science concerning kings, and concerning the whole order

8 S. August. Ep. clxvi.



492 OF SUPREME CIVIL POWERS,

ecclesiastical. This I shall do in the following rules, which
are but appendices to this.



RULE V.

Kings have a legislative Power in the Affairs of Religion
and the Church.

1. THIS is expressly taught by St. Austin : a "In hoc reges,
sicut eis divinitus prsecipitur, Deo serviunt in quantum reges
sunt, si in suo regno bona jubeant, mala prohibeant, non
solum quae pertinent ad humanam societatem, verurn etiam
quse pertinent ad Divinam religionem ; In this, kings in
that capacity, serve God according to the Divine command-
ment, if in their respective kingdoms they command good
things and forbid evil, not only in relation to human society,
but in order to religion."

2. The least part of this power is to permit the free
exercise of it, and to remove all impediments, and to give it
advantages of free assemblies, and competent maintenances,
and just rewards, and public encouragements. So Cyrus and
Darius gave leave, and guards, and rescripts, warranty, and
provisions, and command, to the Jews of the captivity, to build
the temple. So Constantine and Licinius did to the Christ-
ians, to practise their religion. Thus Hezekiah, and some
other pious kings of the Hebrews, took away the offences of
the people, the brazen serpent, the groves and images, the
altar of Bethel, and the idolatrous services. And of these
things there is little question ; for the Christian princes, by
their authority, shut up the temples of the heathen gods.

3. That which is yet more considerable is, that by punish-
ments they compel their subjects to serve God and keep his
commandments. That which was observed of the primitive
Christians, that they tied themselves by oaths and covenants
to serve God, to do justice, not to commit adultery, to hurt
no man by word or deed, to do good to every man they
could, to assemble together to worship Christ, that Christ-
ian princes are to secure by laws, that what men will not do
by choice, they may, whether they will or no ; and this is

' Coat. Crescon. lib. iii. 51.



AND THEIR LAWS IN SPECIAL. 493

not only in things relating to public peace and the interest
of the republic, but in the immediate matters of religion :
such as are, laws against swearing, against blasphemy,
against drunkenness, and fornication, and the like, in which
the interest of souls is concerned, but not the interest of
public peace. " Hoc jubent imperatores, quod jubet Chris-
tus ;" and it is a great service to Christ, that the fear of men
be superadded ; because to wicked persons and such for
whom the severity of laws was made, it often prevails more
than the fear of God.

4. But that which is more than all this is, that besides
those things, in which God hath declared his will, the things
of the Church, which are directly under no commandment
of God , are under the supreme power of Christian princes.
I need no other testimony for this but the laws themselves
which they made, and to which bishops and priests were
obedient, and professed that they ought to be so. And
this we find in the instance of divers popes, who, in their
epistles, gave command to their clergy to observe such laws,
which themselves had received from imperial edicts. For
there are divers laws, which are, by Gratian, thrust into his
collection, which were the laws of Christian princes. The
canon ' Judicantem,' b expressing the office of a judge in the
cognizance of causes, attributed by Gratian to Pope Eleu-
therius, was a law made by the Emperor Constantine ; c and
so was that' 1 which was attributed to Pope Fabian against
accusers ; it is in the Theodosian Code, and was made by the
same prince. The canons which go under the names of Six-
tus* and Adrian f and Fabian 5 before cited, of the same title,
were made by Gratian, the son of Valentinian the elder:
who also made the rescripts for restitution of church-goods
taken from bishops, when they were forced from their sees,
attributed to Pope Caius and Pope John. Theodosius the
emperor made the canon ' Qui Ratione' 11 for order in accusa-
tions, which yet is attributed to Pope Damasus, but is in the
Theodosian Code : for thus the popes easily became lawgivers
when they adopted into the canon the laws of their princes,
which by their authority prevailed beyond the memory of

b xiii. q. 5. c LJK i. C. de Judic. C. Theodos.

* Can. Si quis iratus. e iii. q. 6, c. 16, 17 ; et ii. q. 8, c. 4.

f ii. q.3, c. 3. 8 iii. q. 6, c. 1. h iii. q. 9.



494 OF SUPREME CIVIL POWERS,

their first makers. The canon * Consanguineos,'' for sepa-
ration of marriage within the prohibited degrees, was not
the pope's, but made by Theodosius, as it is thought, at the
instance of St. Ambrose : and Valentinian made the canon
' Privilegia,'-" for confirmation of the privileges of the Church,
which goes under the name of Anacletus. I could reckon
divers others ; for indeed the volume of the ' Decrees' is full
of such constitutions which the Christian emperors made ;
but they were either assumed by the popes or imputed to
them. But that the popes, as ecclesiastics, had no authority
to make laws of ecclesiastical affairs, but that the emperors
had, was sufficiently acknowledged by Pope Honorius. k
" Imperator Justiniauus decrevit, ut canones patrum vim
legum habere oporteat ; That the canons of the fathers
became a law in the Church, was by the constitution of the
Emperor Justinian." For that was all the end both of the
labours of war and the counsels of peace, " ut verum Dei
cultum orbis nostri plebs devota custodiat," said Theodosius
and Honorius in their letters to Marcellinus : " That our
people may devoutly follow the true worship of God."

5. Upon this account we said that Constantiue, Anastasius,
and Justinian, made laws concerning the expense and rites
of sepulture. Gratian, Valentinian, and Theodosius, forbade
dead corpses to be interred within the memorials of martyrs
and apostles. Honorius appointed the number of deans in
the metropolis, and the immunities of every church. Leo
and Anthernius forbade alienation of church-lands. But what
should I instance in particulars? they that know not this, are
wholly strangers to the civil law, particularly the first book
of the Code, the Authentics, the Capitulars of the French
princes, the laws of the Goths and Vandals, and indeed of
all the Christian princes of the world. But the first titles of
the Code, ' De Suinma Trinitate et Fide Catholica,' ' De Sa-
crosanctis Ecclesiis,' ' De Episcopis et Clericis,' * De Epi-
scopali Audientia,' * De Haereticis,' * Manichaeis,' * Samaritis,'
' De Apostatis,' and divers other, are witnesses beyond ex-
ception. Now in this there is no exception of matter. For
whatsoever is under government is also under the laws of
princes: MJJ&C aftarov sffTiv ii$ tfirwiv rjf jSatf/Xe/a, said Jus-



' xxxv. q. 6. J xxv. q. 2.

k Cap. i. Ext. de Juram. ( 'alum.



AND THEIR LAWS IN SPECIAL. '195

tinian.' Nothing comes amiss to the prince, every thing is
under the royal cognizance. Constantine m 'made laws con-
cerning festivals, and appointed what labours might, and
what might not, be done upon the Lord's day ; and so did
Leo," the emperor. Valentinian the elder made a law that
no clergyman should receive an inheritance by the will or
gift of widows and orphans, unless they were of the kindred.
St. Ambrose complains heavily of the law, and so does
St. Jerorne, p but confesses it was just, and procured by the
avarice of some clergymen, who undercover of religion made
a prey of the widows. But this decree was sent to Pope
Damasus, and publicly read in the churches of Rome. And
Honorius, the emperor, made a law concerning the election
of the pope : which two last instances I reckon to be very
great, because, at Rome, nowadays they are intolerable.

6. But if all these laws were made by emperors only by
force, against right and justice, and beyond their just power,
then we are never the nearer for this argument : and that it
is so, Baronius'' is bold to affirm, who upon this title blames
Justinian for meddling with the affairs of the Church : for
" Quid iinperatori cum ecclesia? What hath the emperor
to do with the Church?" we know who said it. And there-
fore a synod at Rome under Symmachus abrogated a law
made by Basilius, a deputy of King Odoacer, in an assembly
of ecclesiastical persons, in the vacancy of the see apostolic,
upon the death of Simplicius. Now the law was a good law, it
forbade the alienation of the goods of the Church ; yet because
it wus a law made by a laic, they thought fit to annul it.

7. To these things 1 answer, that it matters not what
Baronius says against Justinian : r for Pope Adrian IV., who
is much more to be credited, commends him, and pro-
pounds him as a great example imitable by all princes : and
it was not Justinian alone, but very many other princes, both
before and after Justinian: and therefore to ask ' What hath
the emperor to do with the Church ? ' might become Donatus
(whose saying it was, and whom St. Austin* confuted for
saying so), but it becomes not any man that loves truth and
order. As for the Roman synod under Symmachus, the

1 Novel, cxxsiii. 8. "> Cap. de Feriis, lib. iii. et Cod. Theod. de Fer. lib. i.

n Leo. VI. novel, liv. Epist. xxxi.

P Ep. ii. ad \epotian. "J Tom. vii. A.D. 541.

r Apud Kiuleuou. in Frider. lib. i. c. l . Epist. clxvi.



496 OF SUPREME CIVIL POWERS,

matter was this. He would needs make himself head of
a synod without the bishop (for he was lately dead), and
made a law with an anathema for the sanction, and would
have it pass not for the law of the prince, but for a law of
the Church ; which because the ecclesiastics had no reason
to accept for such, when it was not so, they did annul
it : " Talem legem viribus carere, nee posse inter ecclesi-
astica ullo modo censeri," said Eulalius, the bishop of Syra-
cuse, in that synod. But that this makes nothing against
the prince's power of making laws, appears by the great
submission which even the bishops of Rome themselves made
to the imperial laws, even when they liked them, and when
they liked them not. I instanced before in Damasus causing
the law of Valentinian against clergymen receiving inherit-
ance from widows to be read in all the churches of Rome. Pope
Boniface consented to the law which Honorius, the emperor,
made about the election of the pope, and was so far from
repudiating an ecclesiastical law made by the prince, that he
entreated him to make it. But that which is most material
to this inquiry is, the obedience of St. Gregory the Great to
Mauritius, the emperor, who made a law that no soldier should
turn monk without his leave.' This St. Gregory esteemed to
be an impious law ; he modestly admonished the emperor of
the irreligion of it. But Maurice nevertheless commanded
him to publish the law. The good bishop knew his duty,
obeyed the prince, sent it up and down the empire, and gave
this account of it : " Utrobique quae debui exolvi, qui impe-
ratori obedientiam praebui, et pro Deo quod sensi minimi
tacui ; I have done both my duties, I have declared my
mind for God, and have paid my duty and obedience to the
emperor." ** Legibus tuis ipsi quoque parent religionis
antistites," said Pope Gelasius" to Anastasius, the emperor;
" Even the bishops, the ministers of religion, obey thy laws."
Now this is not for decency only, and upon prudent consider-
ations, but upon necessity and by the Divine authority :
** cognoscentes imperium tibi superna dispositione colla-
tum," as *' knowing that the empire is given to thee by God."
And therefore the great prelates of the Church, when
they desired a good law for the Church's advantage should
be made, presently addressed themselves to the emperor,

1 Lib. ii.Ind. 11. ep. 61. u Epist. x.



AND THEIR LAWS IN SPECIAL. 497

as to him who alone had the legislative power. I have
already instanced in Pope Boniface entreating Honorius to
make a law concerning the election of the pope. Sergius
also, patriarch of Constantinople, petitioned the Emperor He-
raclius to publish a pragmatic sanction, that no man should
be admitted into the clergy but into a dead place. These
things are so plain, that I may justly use the words of the
fathers of the sixth Council of Toledo, 1 speaking of Chintil-
lanus their king : " Nefas est in dubium deducere ejus potes-
tatem, cui omnium gubernatio superno constat delegataju-
dicio ; It is impiety to call in question his power to whom
the government of all is certainly deputed by the Divine
judgment." I therefore conclude this particular with the
excellent words of Cardinal Cusanus : y " It becomes not any
man to say that the most sacred emperors, who, for the good
of the republic, did make many constitutions concerning the
election of bishops, collation of benefices, observation of re-
ligions, did err. Nay, we have read that the pope of Rome
hath entreated them that they would publish laws concern-
ing Divine worship, and for the public good, and against sin-
ners of the clergy. And lest, peradventure, it be said, that
the strength of all these constitutions did depend upon the
approbation of the authority apostolical or synodical [viz.
of the pope or council], I will insist upon this : although (let
me say this) I have read and collected fourscore and six
chapters of ecclesiastical rules of the ancient emperors,
which were to no purpose to insert here, and many others of
Charles the Great and his successors, in which many dispo-
sitions or appointments are to be found concerning the pope
of Rome and all patriarchs, and the conservation of bishops
and others ; and yet I never read, that ever any pope was
asked to approve these laws ; or, if his approbation did inter-
vene, that upon that account the laws did bind. But it is
read, that some popes of Rome have confessed that they
had those imperial laws in veneration." And this thing is so
true and so publicly known, that the French ambassadors
openly told it in the Council of Trent, that the kings of
France, by the example of Constantine, Theodosius, Valen-
tinian, Justinian, and other Christian emperors, made many
laws concerning holy things, and that these did not only not

* Cap. XIF. J Lib. ii. Cath. Concord, c. 49.

VOL. XIII. K K



498 OF SUPREME CIVIL POWERS,

displease the Roman bishops, but they put many of them
into their canons : that the chiefest authors of these laws,
Gharles the Great and Lewis IX., they thought worthy to be
canonized and declared saints, and that the bishops of France,
and the whole order ecclesiastical, have piously ruled and
governed the Gallican Church by the prescript of those eccle-
siastical laws which their kings had made.

O



RULE VI.

The supreme Civil Power hath a Power of Coercion of every
Person in the whole Order Ecclesiastical.

1. HE that says all must be subject, need not instance in par-
ticulars, and say that Titius and Sempronius, and the village
curate, and the bishop of the diocess, must be subject. But
yiet because of the pretences of some, the fathers of the Church
have found it necessary to say that even ecclesiastics must
be subject; and that they are a part of the all. So St. Chry-
sostom, 3 explicating the words of St. Paul, saith, " But Paul
gives us those reasons which command us of duty to obey
the powers ; shewing, that these things are commanded to
all, not to seculars only, but to priests and monks : which
he shews in the very beginning, when he saith, ' Let every
soul be subject to the supereminent powers ;' although thou
beest an apostle, or an evangelist, or a prophet. For this
obedience or subjection (be sure) will not destroy thy piety."
That St. Chrysostom here speaks of secular powers, is
evident in the whole homily : and it appears also in the
words here reported ; for he says, that even an apostle must
be subject, who, because he hath no superior ecclesiastical,
must be subject (if at all), to the secular or supreme civil
power. And this place is so understood by St. Irenaeus, b
St. Basil, St. Ambrose upon this place, and St. Austin, d
who expressly derides those that expound the " higher
powers" of St. Paul by ' ecclesiastical honours.'

2. But this thing is evident by notoriety of fact. Theo-

Horail. xxiii. in Epist. ad Rom. b Lib. i. c. 24.

c In Constit. Monast. c. xxii.

d Lib. de Catech. Rud. c. 21, and cont. Parmen. lib. i. c. 7.



AND THEIR LAWS IN SPECIAL. 499

doret* tells of Eusebius, bishop of Saniosata, that when the
imperial edict of banishing him from his see, and sending
him into Thrace, was brought by a messenger in the twi-
light, he charged him to say nothing, lest the people should
tear the officer in pieces. But the bishop, according to his
custom, went to evening-prayer; and then, with one servant,
with a book and a pillow went to the water-side, took a boat,
and passed over to Zeugma. The people, having soon missed
their bishop, followed him, found him out, and would fain
have brought him back ; but he refused, and told them it
was the precept of the apostle, ' to be obedient to the higher
powers :' and upon that he rested, and they returned. And
the same was the submission, and the same was the reason of
St. Athanasius/ as appears in his apology to Constantius, the
Arian emperor; and the same subjection was professed by
Justin Martyr to Antoninus the emperor ; " Nos solum Deum
adoramus, et vobis in rebus aliis laeti inservimus, imperato-
res ac principes hominum profitentes; We only worship
God, in other things we cheerfully serve you, as professing
you to be emperors and the princes of mankind." " Ego
quidem jussioni subjectus," said St. Gregory 8 to Mauritius;
" I am subject to command:" and then it is certain he was
subject to punishment in case he disobeyed the command.
" Ad hoc potestas super onines homines dominorum meorum
pietati coelitus data est." He had no more immunity than
any man else ; for from heaven a power is given to the prince
over all men. The effect of this instance and these words of
Gregory are acknowledged by Espencaeus, h " Gregorius Mag-



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