Commentary on Romans, Biblical exegesis 2 · Chapter 13 · Section 5
5. Places of controversie.
Controv. 1. Whether the Pope and other Ecclesiasticall persons, ought to be subiect to the Ciuill power.
This doctrine is agreeable to the rule of truth, the word of God, that all persons as well Ecclesiasticall as temporall, ought to be subiect and obedient to the Ciuill power, both touching their causes and persons: which is denied by the Romanists: whose obiections to prooue the exemption and immunitie of both, are these.
1. Obiect. The superiour ought not to be subiect to the inferiour: but the Ecclesiasticall power is superious vntounto the Ciuill, as beeing occupied in a more excellent matter about spirituall things: therefore it ought not to be subiect: and Bonifacius the 8 in the extravagant, which beginneth vnum sanctum, inferreth as much out of this place, v. 1. the powers that be are ordained of God, that there are degrees and order between the powers themselues, some are superiour to others.
Contra. 1. We graunt, that wherein the Ecclesiasticall function is superiour, as in the preaching of the word, and administration of the Sacraments, therein it is not subiect to the Ciuill power, to receiue direction from them, but from the word of God; but yet in other things, which appertaine vntounto the bodily life, and concerne ciuill subiection, and obedience, they ought to be subiect. 2. And yet euen in things meerely Ecclesiasticall the Prince hath a compulsiue power, to see that the Ministers of the Church doe their duties, and that they preach no false doctrine, and to remooue such as are scandalous, either by doctrine or life. 3. there is no such matter of order or difference betweene the powers themselues gathered out of this place: their ordaining hath relation to God, by whom they were instituted, not to any such distinction and order among themselues.
2. Obiect. The Imperiall constitutions doe exempt Cleargie men from the iudgement of secular Courts, Novel. 79.83.123.
Contra. 1. Then their immunities such as they are, they enioy onelyonly by humane priuiledge, not by diuine right. 2. neither are they by the lawe exempted from the ciuill power in criminall causes, but onelyonly in certaine ciuill: for the lawe saith, omnes secundum leges vivant, etiamsi ad diuinam abmum pertineant, let all liue according to the lawes, though they belong vntounto the house of God, lib. 10. de mandat. princip. 3. though Princes of their munificence, graunted certaine immunities and priuiledges to Clergie men, as to free them frō personall seruice, as to goe to warre, to watch, to ward, and such like: and from base and servile workes, as to digge, to plowe, to cart: as also from extraordinarie taxes and burthens: yet they are not for all this discharged of their ciuill obedience: these freedomes were giuen them, that they might better attend vponupon their Ecclesiasticall function, not to the preiudice of the secular power. 4. and although Princes should wholly exempt the Clergie from the Civill power, the question is not, what they hauehave done, but what they may do, for Princes hauehave not power, vt rescindant leges Dei, to cut off the lawes of God, which do subiect all soules vntounto the higher powes, Mart. neither can Princes free any from the naturall and diuine bond, to the which they are obliged: as to exempt the child from the obedience of the father, and the wife from her husband, and so consequently, the subiect from the Prince, the seruant from the Master. 5. adde hereunto that some of these priviledges, which are thus vrged, are conficta, forged, some malis artibus extenta, extented by cunning, Gualter.
3. Obiect. It is not fit, that the sheepe should iudge the sheepeheard: Princes are as sheepe vntounto their ecclesiasticall Pastors: therefore they ought not to iudge them.
Contra. 1. Princes are not to iudge them concerning their doctrine, and the word of God, in respect whereof, they are fed, and feede not: but in all other ciuill things, the Magistrate is as a Pastor and sheepehead himselfe, and therefore in these things he hath a command ouer ecclesiasticall persons.
4. Obiect. Ministers are the seruants of the most high God, and chiefe king of the world, therefore it is not fit, that a terrene gouernour should iudge them.
Contra. The Prince also is the seruant of God, and is in Gods place in earth to iudge other seruants of God: like as a Prince maketh some of his subiects, to whom he committeth his authoritie, iudges of the rest.
5. Obiect. Tolet annot. 11. thus reasoneth from the authoritie which the spirituall power hath ouer mens persons and bodies, to free and exempt them, as it shall make most for their soules health, toward the obtaining of euerlasting life. 1. Like as a king hath power to take mens sonnes and daughters for his seruice, and their vineyards and possessions, to giuegive them to his seruants, as Samuel describeth the office of a king, 1. Sam. 8. so much more hath the spirituall power authoritie to doe it, toward the aduancement of Gods kingdome. 2. our Sauiour, Matth. 17.26. freeth the sonnes of kings, that is, omnes credentes, all that beleeue, from paying of tribute, which notwithstanding was paid, propter vitandum scandalum, to avoide scandall. 3. S. Paul had power to retaine and keepe Onesimus from his master Philemons seruice, yet he did remit somewhat of his power, that his Master might not seeme to doe it of necessitie, but willingly, Philem. 1.4.
Contra. 1. Popes are partiall iudges in their owne case, and therefore it skilleth not, what immunities they hauehave giuen to the Clergie: and no man can conferre more power vponupon an other, then he hath himselfe: seeing then that the Pope himselfe is not exempted from the power of the Magistrate, he much lesse can exempt others. 2. Samuel in that place describeth not the office of a King, what it ought to be, but what Princes should doe for their will and pleasure: and so the Pope herein taketh vponupon him to tyrannize in the Church. 3. that place is vnderstood of the naturall sonnes of Kings, who are free from tribute: and so Christ beeing lineally descended of Dauid, might hauehave challenged that priuiledge: thus beside our owne interpreters, Pererius one of Tolets owne order, expoundeth that place, de naturalibus filijs, of the naturall sonnes of Kings, disput. 2. num. 12. for otherwise a great inconveniencie would followe, that all Christians should be exempted and treed from paying of tribute. 4. S. Paul had a speciall interest in Philemon, to command him, because, as Theophylact well interpreteth, te in Christo genui, I hauehave begotten thee in Christ: this was his speciall case, this can not then be drawne to an ordinarie present and example: and againe, this maketh directly against the Papists, that if S. Paul which had this Apostolike authoritie, would not keepe Onesimus from his master, without his consent, it is great boldnes and presumption for the Pope, who begetteth none vntounto the faith by preaching, as S. Paul did, and so hath no such interest in that behalfe, neither is he an Apostle, to arrogate that to himselfe, which S. Paul would not vsurpe.
Now, notwithstanding these obiections, that Ecclesiasticall persons, and causes, (though in things meerely Ecclesiasticall, and proper to the ministerie, as are the preaching of the word, and the administration of the Sacraments, they are to be ruled onelyonly by the word, and are not subiect to men) yet are in respect of their ciuill obedience, as they are citizens, and parts of the Commonwealth, and in some sort, as ministers also, subiect to the censure and command of the ciuill Magistrate: some of our arguments are these.
1. The Kings of Iudah exercised power ouer Ecclesiasticall persons, both in ciuill and criminall causes, and partly also Ecclesiasticall: as Dauid appointed vntounto the Levites their courses; Salomon displaced Abiathar from the Priesthood.
Bellarmine answereth, that these Kings were also Prophets, and so God did extraordinarily commit vntounto them some things, which belonged onelyonly vntounto the Priests: lib. 1. de concil. c. 20. Contra. Not onelyonly Dauid and Salomon which were Prophets, did exercise this power ouer Ecclesiasticall persons and causes, but the rest also of the succeeding godly kings of Iudah: as Iehosaphat gaue commission to the Priests and Iudges to abolish idolatrie, Ioas reprooued the negligence of the Priests, Iosias purged the land of idols, and put downe the Chemarims, and vnlawfull order of Priests.
2. The Apostles words are generall, Let eueryevery soule be subiect to the higher power: therefore Ecclesiasticall persons also.
Ans. 1. Origen by eueryevery soule vnderstandeth, animalis homo, a naturall man: spirituall men then are exempted. Contra. 1. In the Hebrew phrase, eueryevery soule, is taken for eueryevery person: therefore that distinction betweene the spirit and the soule, proceedeth from the ignorance of the Hebrew phrase. 2. Origen in that place saith, that he which hath no siluer or gold, or possessions, hath nothing to be subiect for, but the Papall Clergie hauehave all these, and in great abundance: therefore euen by Origens sentence for such things they ought to be subiect vntounto the Ciuill powers.
2. Ans. Bellarmine telleth vsus, that the Apostle speaketh generally of obedience to be giuen as well to spirituall as temporall powers; and that the meaning is, that eueryevery subiect should yeeld obedience to his superiour: and so the Clergie should giuegive obedience to the Pope, and the Laitie to their Prince: lib. 2. de Rom. Pontif. c. 29. resp. ad argum. 3. Contr. 1. The Apostle speaketh here of that power, which hath the sword, but the Ecclesiasticall state doth not handle the sword: therefore the Apostle speaketh onelyonly of subiection to the Ciuill power, to whom the sword is committed. 2. and this were to make a diuision and rent in kingdomes, if all that are therein should not be subiects to the king of the countrey: as in France all the French should not be in subiection to the French king, but the Clergie of France should be subiects to the Pope: Martyr.
3. Ans. The Papall Clergie are bound by oath vntounto their Bishops, and they to the Pope, and therefore without breach to their oath, they can not be subiect to temporall gouernors. Contr. Such oaths are contrarie to the Apostles precept, of obedience to be giuen to the Ciuil magistrate, and therfore pro impijs & illicitis rescindi debent, they must be cut off and disanulled as vnlawfull and impious: Gualter.
3. Argum. Our blessed Sauiour was himselfe subiect not onelyonly priuately vntounto his parents, but publikely to the Magistrate, to whome he caused poll money to be paid for himselfe and Peter, refusing to vse that priuiledge, which he might hauehave challenged to himselfe, as beeing descended lineally of king Dauid: wherein he was an example vntounto vsus of obedience to be yeelded vntounto Ciuill gouernors: So also S. Paul following his masters steps was obedient to the magistrate, and appealed vntounto Cesar, Act. 16.
4. Argum. This was the doctrine of the Church in the pure ages: as Chrysostome vponupon this place saith, EueryEvery soule should be subiect, si Apostolus, si Evangelista, si Propheta, sive quisquis tandem fueris, if thou art an Apostle, or Euangelist, or whatsoeuer els. Bernard. epist. 42. thus inferreth vponupon this place; si omnis anima, & vestra, quis vos excipit ab vniversitate, si quis tentat excipere, conatur deripere, if eueryevery soule, then yours, who can except you from this vniuersalitie, he that attempteth to except you, goeth about to deceiue you. Gregor. lib. 4. epist. 31. acknowledgeth Mauritius the Emperour his Lord, &c.
5. To conclude, reason it selfe perswadeth thus much: that all the citizens, as parts and members of the Commonwealth, should be subiect to the head and gouernor thereof: Ecclesiasticall persons then, if they be citizens, and members of the Commonwealth, must be in subiection to the Ciuill head, not onelyonly decretiva, sed coactiva obligatione, not onelyonly to receiue direction, but by a coactiue bond, and obligation: for otherwise they are not parts and members of the Ciuill bodie. See further hereof, Synops. Cent. 1. err. 98.100.
2. Controv. Whether the Pope hauehave a spirituall power aboue Kings and Princes.
The Pope is not contented to exempt himselfe, and his Clergie from the command of the Ciuill Magistrate, but he arrogateth vntounto himselfe a superior power to be aboue Emperors, and Kings, Innocentius 3. decret. 1. titul. 33. de maiorit. C. solitae, thus decreeth; Imperium non praeest Sacerdotio, sed subest, the Empire is not superior to the Priesthood, but vnderunder it: and Bonifacius 8. extrav. de maiorit. C. vnam sanctam, decreeth thus; that omnes Christi fideles de necessitate salutis, &c. all the faithfull of Christ vponupon necessitie of saluation, are subiect to the Romane Bishop, qui vtrum que gladium habet, &c. who hath both swords, and iudgeth all, and himselfe is iudged of none: And in the same place, he compareth the Ecclesiasticall and Ciuil power, to the two great lights which God made, and there is as great difference betweene them, as betweene the Sunne and Moone.
Bellarmine, though in words he denie the Pope to hauehave vllam temporalem iurisdictionem directe, any temporall iurisdiction directly, yet he hath power indirecte, indirectly to dispose of temporall things, yea of Princes, kingdomes, and dominions, in ordine ad bonum spirituale, as it serueth for the promoting of the spirituall good: and so in effect the Pope shall hauehave absolute power of temporall things, to dispose at his will and pleasure, as he seeth to make for the maintenance of his iurisdiction, which they vnderstand to be this spirituall good. Some and the chiefe of their arguments, for this vnreasonable opinion, are these.
1. The Pope hath both the swords, the spirituall, and the materiall sword: as the Apostles said, Luk. 22. behold two swords, and Christ answered, it is enough: he is therefore aboue the Ciuill power, which hath but one sword.
Ans. 1. Bellarm. lib. 5. de Rom. Pont. c. 7. disclaimeth this argument, and sheweth that there is no such meaning in that place, by the two swords to vnderstand a double power of the Pope: but they were two materiall swords in deede, which were shewed vntounto Christ. 2. and this beeing but a deuised allegorie not expressed in Scripture, is of no force to proue any doctrine.
2. Bonifacius further vrgeth in the saide place; that the Church is superior to the Ciuill state, because they receiue tithes of them.
Ans. 1. We graunt that the Church, which giueth spirituall things, and receiueth temporall, is superior and more worthie in respect of the spirituall things, which it giueth, but it is not therefore superior in temporall dominion. 2. neither were they in the law alwaies superior, which receiued tithes: for beside the tithes, which were giuen to the Levites, the rich also reserued a tith for the poore, and strangers, Deut. 14.28. 3. and though this be admitted, that the paiment of the ceremoniall tith was a signe of subiection, as the Apostle reasoneth for the preheminence of Melchisedeck, Heb. 7.5. because that tith was giuen vntounto the Levites in the Lords right, who were then a type and figure of Christ: yet now, all ceremonies beeing ceased, tithes are giuen vntounto the Church, not in the name of the Leviticall tenths, but as the salarie and stipend of the ministers, for their maintenance: so that now they are no signe of such superioritie: for the hire is giuen to the labourer, as well by those that are superiors, as inferiors.
3. Argum. The Bishops doe annoint kings at their inauguration, and doe blesse them: but the lesse is blessed of the greater, Heb. 7. therefore the Ecclesiasticall state is greater.
Ans. 1. By this meanes, not the Pope onelyonly, but eueryevery Bishop, which doth annoint the Prince at his coronation, should be greater then the Prince. 2. he that blesseth by a Propheticall benediction, as did the Prophets and Priests, which was by the special appointment of God, was greater: but eueryevery one that ordinarily blesseth is not greater: for the subiects vse to blesse their Prince, in their vsuall acclamations: and this is but benedictio ritualis, a kind of rituall, no reall blessing, which is vsed in such inauguration, as an externall complement, and matter of solemnitie, as so is the annointing, which argueth no more a superioritie, then the receiuing of the sword from the high Marshall, and of the great seale from the Chancelor, as the vse was in Princes coronations.
4. Argum. The Lord said to Ieremie, chap. 1.10. I hauehave set thee ouer nations and kingdomes, to pull vp and destroy: which Ieremie was not of the princely race, but of the stocke of the Priests: therefore the Ecclesiasticall power is aboue kings.
Ans. 1. The particular and extraordinarie example of one Prophet, can be no rule to the Pope. 2. and his power was spirituall, not in the actuall deposing of kings, but in prophecying of their ruine.
5. Argum. The Apostle saith, 1. Cor. 2. that the spirituall man iudgeth all things, but he is iudged of none: this spirituall man is the Pope, &c.
Ans. 1. The Apostle speaketh not there of a spirituall man by calling or profession, but of one illuminate by the spirit, and he is set against the carnall and naturall man: such a spirituall man beeing guided by the spirit, is able to iudge and discerne all things, and he himselfe can not be iudged of those which are carnall. 2. such a spirituall man the Pope is not, but the man of sinne, who sauoureth not the things of the spirit of God, but of the flesh.
6. Argum. The power of binding and loosing is the greatest power in earth: but this power was giuen vntounto Peter and his successors: therefore the Pope hath the greatest power in earth.
Ans. 1. The power of binding and loosing by the word of God, is the greatest power in spirituall things, but not in temporall. 2. the Pope hath not this power, he bindeth not by the word, but by his bulls, booke, bell, and candle. 3. if he had this power, he should not hauehave it alone, for it was not giuen onelyonly to Peter, but to all the Apostles, and their successors the Pastors of the Church: to whome it is said, Matth. 18. Whatsoeuer yee loose in earth, &c.
7. Argum. Bellarmine thus reasoneth. 1. the superior power may command the inferior, therefore the Ecclesiasticall beeing superior, may command the Politike state. 2. and temporall things may be by the spirituall power disposed, in ordine ad spirituale bonum, as they are in the way to further the spirituall good. 3. If the Pope had not this power ouer the Temporall state, the Church should not be perfect, neque sufficeret sibi ad suum finem, neither should hauehave sufficient meanes, to attaine the ende, which is eternall happines. 4. And if the Pope had not power to depose kings, the Church should be compelled to suffer an hereticall, or infidell king, which is not to be admitted.
Ans. 1. EueryEvery superior power, can not command the inferior, vnlesse it be a power cum imperio, ioyned with authoritie: it is not true, of such a power, which consisteth onelyonly in a ministeriall employment, as in teaching, exhorting, comforting, and such like: so the Ecclesiasticall, in respect of the matter, wherein it is occupied, which is spirituall; but in respect of externall power and authoritie, it is not superior.
2. True it is, that temporall things ought to be referred vntounto the spirituall ende: but the spirituall Pastors, hauehave no power to dispose of temporall things to that ende, but to direct the temporall power, to instruct and exhort, and teach, how they should vse their temporall things, for the setting forth of Gods glorie, the maintenance of the truth, and the ministerie thereof: and if they fayle in this dutie, they must leaue the rest vntounto God: againe, the spirituall good, which the Pope intendeth, is his owne greatnes, and the aduancement of his Papall Sea, which is a meere worldly and temporall thing: and further this power of directing temporall things to a spirituall ende, eueryevery faithfull Pastor hath, and the Pope hath it not, because he preacheth not.
3. The Church is perfect enough without any such power: for till a 1000. yeares after Christ, when Popes beganne to vsurpe vponupon the temporall power, the Church was sufficient, without any such vsurpation, to attaine the ende proposed vntounto the faithfull: and had better direction vntounto saluation, then vnderunder the Papall tyrannie.
4. The Church is patiently to suffer the gouernment, yea of an heretike, or infidell: as Ieremie mooueth the people, to pray for the prosperitie of Nabucadnezzer, c. 29. Paul would hauehave praiers and supplications made, euen for the heathen kings, yea for Nero then liuing and raigning: yea and the Church of God more flourished in vertue and godlines, then afterward vnderunder Christian gouernors: as Hierome witnesseth in the life of Malchus, after the Church beganne to hauehave Christian Magistrates, facta est opibus maior, virtutibus minor, it became greater in wealth, but lesse in vertue. And if it were necessarie to hauehave an euill Prince deposed, it followeth not that this power should be devolved to the Pope: it belongeth to the states and Peeres of the land, where the lawes doe authorise them, to see vntounto such matters.
8. Argum. They vrge examples, and bring forth presidents for this supreame authoritie of the Papall Sea. 1. The high Priest cast out Vzziah out of the temple when he would hauehave vsurped the Priests office; and Iehoida the high Priest caused Athaliah to be slaine.
2. Ambrose excommunicated Theodosius the Emperour.
3. Gregorie the 2. excommunicated Leo the Emperour, and depriued him of his tribute and revenewes; Zacharias deposed Childerik king of France, and set vp Pipinus in his place: Gregorie 7. deposed Henrie 4. Emperor: Innocentius 3. deposed Otho 4. Innocentius 4. Fredericke the 4. Clemens the 6. Lodovike the 4.
4. Leo the 3. translated the Empire from the Greekes to the Germanes; and Gregorie the 5. made that order, that the Emperor should be chosen by 7. Electors, which remaineth vntounto this day.
Ans. First in generall, examples doe not prooue; specially such as are either vnlike, or forged, or such examples, as are vniust and vnlawfull; of one of these sorts are all the examples produced.
1. The Priests did not cause Vzziah to goe out of the Sanctuarie, vntill the leprosie appeared in him; and for that they had a direct commandement, not to suffer a leprous person to enter into the Sanctuarie: if the Pope could shew such a warrant for the deposing of kings, he should say somewhat to the purpose: neither was Vzziah for all this deposed from his kingdome, but liued apart by himselfe, and the kingdome was administred by Iotham his sonne, 2. Chron. 26.21. The example also of Iehoida is much vnlike: for he not as the high Priest, but as the Tutor and protector of the young king, and with the advise and consent of the fathers of Israel, caused seditious Athaliah to be slaine: 2. Chron. 23.3.
2. Ambrose deposed not Theodosius, but suspended him from the Communion, till he had giuen satisfaction to the Church: neither was he Bishop of Rome, but of Millaine: if this example prooued any thing, not the Pope onelyonly, but eueryevery other Bishop might depose kings.
3. Touching all those examples alleadged, they are vnlawfull, and vniust, and the Pope beganne to discouer himselfe to be Antichrist, in so abasing the Imperiall power, and taking vponupon him to dispose of kingdomes; as the Deuill challenged to be Lord of the world, and to giuegive the kingdomes thereof to whome he would: no better right hath the Pope the eldest sonne of Sathan to pull downe, and set vp kings. And though in those blind and superstitious daies, when iniquitie was strong, the Pope preuailed in his presumptuous enterprises, yet he had not alwaies the like successe: Bonifacius 8. attempted to hauehave deposed Philippus the faire, king of France: Benedict the 13. would hauehave done the like to Charles the 6. Iulius the 2. against Lewes the 12. but their presumptuous enterprises were frustrate. What Pius the 5. attempted against Queene Elizabeth, and of late Paulus the 5. against the Venetian state, and with what friuolous successe, is euident to the world: all these examples are vniust, because the Pope was Iudge in his owne cause, and resisted the lawfull powers, which are ordained of God.
4. Neither is it true, that Leo the 3. translated the Empire from the Greekes to the Germanes: for he could not conferre that vponupon an other, which he neuer had himselfe: the truth is, that Charles by force inuaded the Empire of the East: Aventinus sheweth the occasion: by reason that a woman then had the gouernment of the Empire at Constantinople, the Romanes tooke an occasion to nominate a new Emperor: and whereas Charles at that time, tenebat omnes provincias, quae ad vrbem Romam pertinebant, did hold all the Prouinces which belonged to the citie of Rome, Papa, Senatus, & populus Romanus illum designabant Imperatorem, the Pope, Senate, and people of Rome, did appoint him to be Emperor, &c. So then it was not the Popes act alone, but of the whole Senate and people of Rome: neither was it there act simply, Carolus had made a way before, hauing all the Romane Prouinces in his possession.
As touching the supposed sanction and order for the electing of the Emperor: neither was it the Popes sole act, but the Emperor Otho then brother german to the Pope, established it: neither is that custome and order continued by the Popes authoritie, but by vertue of the golden bull of Charles the 4. made ann. 1356. for neither Ferdinand, Maximilian, nor Rodolphus, now Emperor, receiued their Imperiall crowne from the Pope: And some thinke that this constitution of Electors was not begun by Gregorie the 5. but before was brought in by Charles the great, who appointed 4. Electors. ex Pareo.