Vindication of the Authority of Christian Kings, Section

Vindication of the Authority of Christian Kings · Section

p. 3**Fox Acts & Monuments, Vol. 1. p. 595. &c,The second Disputation in the Vniversity of Prague, upon the seventeenth Article of John Wickliffe, most fruitfull to be read; proving by 25 Reasons out of the Scriptures, How that Princes and Lords Temporal have lawfull Authority and Iurisdiction over the Spiritualty & Churche men, both in taking from them their Temporalties, and correcting their Doings and Deserts.

TO the honour of almighty God, and of our Lord Jesus Christ, both for the trying out of truth, and the profit of holy mother the Church, according to the congregation of our University of Prage, which, avoiding alwaies to do that which shall be prejudicial to the truth, hath deferred to give their consent unto the condemnation of the forty five Articles, wishing even unto this present sufficient probation to be given of the condemnation of the said Articles, and particularly of every one of them. Whereupon the said University doth alwaies require due proof of the same, forsomuch as Pope Damasus in his canon distinction sixtie eight chapter, Chorepiscopi, saith thus; That it is necessarie that whatsoever thing standeth not by due reason should be rooted out. Whereby it appeareth, that the condemnation of the five and forty Articles, if it stand not with proof and sufficient demonstration for every Article, is necessary to be rooted out.

But if any man will object and say, that to require a reason of every thing, is to derogate from Gods divine power. Unto this answer Master William doth answer himself in his Philosophy, the first book, almost at the end; where he intreating of the place, in the second Chapter of Genesis, God made man of the slime of the earth, &c. hath these words; For in what point (say we) are we contrary to the holy Scriptures, if we seek by reason to declare wherefore any thing is done, which is said in the Scriptures to be done? For if that a wise man should say that a thing is done, and do not declare how it is done, and another man speaketh the very self-same thing, and declareth p. 4how it is done, what contrariety is there? But for so much as they themselves know not the force of nature, to the intent that they might have all men partakers with them of their ignorance, they would have no man to inquire it out. But they would have us beleeve as ignorant people, neither to seek any reason of our beleef, that the prophecie might be fulfilled; Such as the people is, such shall be the priest. But we truly do say, that in all things a reason is to be sought,An allegory upon the Paschal lamb. if it may by any means be found. But if that any man do stay at any thing which the Scriptures doth affirm, let him commit the same unto Faith, and unto the Holy Ghost. For Moses saith, If the lamb cannot be eaten, let it not be by and by consumed in the fire; but let him first call his neighbour which dwelleth next house unto him; and if they also be not sufficient to eat the lamb, then let it be turned in the fire. So likewise, when as we goe about to seek any thing as touching the Godhead, and that we be not able of our selves to comprehend the same, let us call our neighbour which dwelleth next house unto us; that is to say, let us seek out such a one as dwelleth in the same Catholick faith with us; and if then neither we, neither yet he be able to comprehend the same, let it then be burned with the fire of faith.

But these men, albeit they have many neighbours dwelling near unto them, yet for very pride they will not call any man unto them, chusing rather to continue still ignorant, then to ask any question. And if they do know any man to enquire for his neighbour in such case, by and by they cry out upon him as an heretick; presuming more upon their own heads, than having confidence in their wisdom. But I exhort you to give no credit unto their outward appearance, for already it is verefied in them, which the Satyrical Poet saith; No credit is to be given unto the outward shew: for which of them all is it that doth not abound with most shamefull and detestable vices? And in another place he saith; They are very dainty of their speech, and have great desire to keep silence. And thus much hath Mr. Wilhelmus. Let all such p. 5hear whom this parable doth touch: for I with the rest of the Masters, Bachelors and Students of our University, considering how hard a matter the condemnation of the forty five Articles of Wickliff, without reason, is, and how grievous a thing it were if we should thereunto consent, doe call together my neighbours, the Doctors of this Universitie, and all others which would object any thing against the same, that we might presently finde out the reason of the condemnation of this article, concernning the taking away the temporalties from the Clergie.

Notwithstanding I doe professe that it is not my intent,A Protestation, whereby he giveth light unto the Reader, how the proposition aforesaid is to be understood, and addeth, that the goods of the clergy are not utterly to be taken away but in case they doe abuse the same. like as it is not the meaning of the Universitie to perswade, that Princes or secular Lords should take away the goods from the clergie when they would, or how they would and convert them to what use they list. But our whole intent is, diligently to search out whether this Article, as touching the taking away of temporalties from the Clergie, may have in it any true sense, whereby it may be defended without reproof. Wherefore this Article, being the seventeenth in the number of the forty five is, propounded under this form: The Lords temporal may at their own will and pleasure, take away the temporal goods from the Clergie, if they doe offend, and therein continue. It is thus proved: The Kings of the Old Testament took away the temporal goods at Gods commandement from the Clergie; that is to say, from the Priests offending. Therefore the Kings of the New Testament, at Gods commandment, may do the like, when as the Priests of the new law do offend. The consequence dependeth upon a similitude. And the antecedent is evident. First, it is proved by Solomon in the 3. of the Kings, 2. chapter, which Solomon deposed Abiathar the high Priest, because he had taken part with Adonias the brother of Solomon to make him King, without the advice either of David, or of Solomon himself, which ought to reign, and set up Sadoc the Priest in the place of Abiathar, because he had not consented with Abiathar unto Adonias, as it is written in the 3. book of Kings, 1. chapter, where it is said, Adonias, the p. 6son of Agithe, exalted himself, and said, I will reign: and made unto himself chariots and horsemen, and forty men which should … before him neither did his father rebuke him at any time, saying, Wherefore hast thou done this? For he was very comely, being second son, next to A solon, and his talk was with I…b the son of Sa…via, and Abiathar the Priest, which took part with Adonias. But Sadoc the Priest, and Benatas the son of Ioiada, and Nathan the Prophet, and Semei, and Serethi, and Felethi, and all the power of Davids host, were not on Adonias part.

This was the cause of the deposing of Abiathar, because he took part with Adonias, that he should be King against Solomon the eldest Son of King David: wherefore it is written in the third book, and second chapter of the Kings; The King said unto Abiathar the Priest, Goe your wayes unto Anathoth thine own field, for thou art a man of death; but this day I will not slay thee, because thou hast carried the Ark of the Lord before my father David, and didst labour in all things wherein my father laboured. Then did Solomom cast out Abiathar, that he should be no more the Priest of the Lord; that the word of the Lord might be fulfilled, which he spake upon the … use of H…li in Silo.

Behold, the most prudent King Solomon, according to the wisdom which was given him of God, did exercise his power upon the said Priest, putting him out of his priesthood, and setting in his place Sadoc the Priest. This was a greater matter than to take away the temporalties. If then in the Law of Christ, which now raigneth over us, a Bishop should likewise rebell against the true heir of the kingdom, willing to set up another for King; why should not the King or his heir have power, in like case, to take away the temporalties from him so offending?

2Item, it is also evident by the King Nabuchodonozor, Nabuchodonozor,which had power given him of God to lead away the children of Israel, with their Priests and Levites, into the captivity of Babylon, as it is written 4 book of the Kings, 25 chapter.

3Item, it is read in the 4. book of Kings, and 12. chapt. p. 7how that Ioas the most godly King of Iuda, Ioas.according to the wisdom which God had granted him, took away all the consecrate vessels which Iosaphat, Ioram, and Ochosias, his fore-fathers Kings of Iuda had consecrated, and those which he himself had offered, and all the treasure that could be found in the temple of the Lord, and in the Kings Palace, and sent it unto Azthel King of Syria, and he departed from Ierusalem. Mark how this most holy King exercised his power, not only in taking away the temporalities of the Priests, but also those things which were consecrate in the Temple of the Lord, to procure unto the Commonwealth, the benefit of peace.

Item, in the 4. book, and 18. chapter of the Kings, it is 4written, how that the holy King Ezechias took all the treasure that was found in the house of the Lord,Ezechias. and in the Kings treasury, and brake down the Pillars of the Temple of the Lord, and all the plates of gold which he himself had fastned thereupon, and gave them unto the King of the Assyrians; yet was he not rebuked of the Lord therefore, as he was for his other sins, as it appeareth in the 2d. book of Kings 18. chapter. Forsomuch then as in time of necessity, all things ought to be in common unto Christians, it followeth, that the secular Lords in case of necessity, and in many other common cases, may lawfully take away the moveable goods from the Clergy, when they do offend.

Item, it is also read in the 12. of St. Matthew, that the Disciples of Jesus, to slak their hunger, upon the Sabbath 5day pulled the ears of corn, and did eat them, and the Pharisees rebuked them therefore; unto whom Christ answered,David. Have ye not read what David did when he was hungry, and …ose that were with him: how he entred into the house of the Lord, and did eat the shew bread, which it was not lawfull for him, neither for them that were with him to eat, but only for the Priests? This story is written in the first Book of the Kings, and 21. chapter. And the commandement in the 12. chapter of Deuteronomy. Case of necessity.Whereby it appeareth, that it is lawfull p. 8in time of necessity to use any thing, be it never so much consecrate. Otherwise children by giving their moveables to the consecration of any Temple, should not be bound to help their parents; which is contrary and against the Gospel of St. Matthew in the 16. chapt. whereas our Saviour sharply rebuked the Pharisees, that for their own traditions they did transgresse the commandement of God.

6Item, Titus and Vespasian secular Princes,Titus and Vespasian. had power given them of God, twenty four years after the Lords ascension, to take away the Temporalities from the Priests which had offended against the Lords holy one, and thereby also bereft them of their lives: and it seemeth unto many, they did and might worthily do the same according to Gods good will and pleasure. Then forsomuch as our Priests in these daies may transgresse and offend as much, and rather more against the Lords anointed, it followeth, that by the pleasure of God, the secular Lords may likewise punish them for their offence.

7Our Saviour being King of kings, and high Bishop, with his Disciples,The example of Christ paying of tribute. did give tribute unto Caesar, as it appeareth in the 17. chapt. of St. Matthews Gospel, and commanded the Scribes and Pharisees to give the like unto Caesar, St. Matthew 22. Whereby he gave example unto all Priests that would come after him to render tribute unto their Kings: whereupon blessed St. Ambrose in his 4. book upon these words in the 5. of St. Luke, St. Ambrose his mind.(Cast cu… your nets) writeth thus: There is another kind of fishing amongst the Apostles, after which manner the Lord commanded Peter only to fish, saying, Cast out thy hook, and that fish which cometh first up, take him. And then unto the purpose he saith; It is truly a great and spiritual document, whereby all Christian men are taught, that they ought to be subject unto the higher powers, and that no man ought to think that the Lawe of a King here on earth are to be broken. For if the Son of God did pay tribute, who art thou so great a man, that thinkest thou oughtest p. 9not to pay tribute? He payed tribute which had no possessions; and thou which daily seekest after the lucre of the world, why doest thou not acknowledge the obedience and duty of the world? Why doest thou through the arrogancy of thy mind exalt thy self above the world, when at, through thine own miserable covetousnesse, thou art subject unto the world? Thus writeth St. Ambrose, and it is put in the 11. caus. qu. 1. Magnum quidem. Christ commanded tribute to be paid unto the Emperor.He also writeth upon these words in Luke 20. Shew me a penny, whose Image hath it? if Christ had not the Image of Caesar, why did he pay any tribute? He gave it not of his own, but rendred unto the world, that which was the worlds: and if thou wilt not be in danger of Caesar, possesse not those things which are the worlds; for if thou hast riches thou art in danger of Caesar.

Wherefore if thou wilt owe nothing unto any earthly King, forsake all those things, and follow Christ. If then all Ecclesiastical Ministers, having riches, ought to be under the subjection of Kings, and give unto them tribute; it followeth that Kings may lawfully, by the authority which is given them, take away their temporalities from them.

Hereupon St. Paul, acknowledging himself to be under 8the Jurisdiction of the Emperor, appealed unto Caesar, as it appeareth. Acts 25.

I stand, saith he, at Caesars Judgement seat,Paul appealed to the Emperor. St. Ambrose there in the 8. distinct there I ought to be judged. Whereupon in the 8. Distinction, chapter Quo jure. St. Ambrose allegeth, that all things are lawfull unto the Emperor, and all things under his power. For the Confirmation whereof it is said, Daniel 2. chapter;Daniel 2.Dan 2 The God of heaven hath given unto thee a Kingdom, Strength, Empire, and Glory, and all places wherein the children of men do dwell, and hath given into thy power the beasts of the field, and fowles of the air, and set all things under thy subjection,

Also in the 11. question and 1, he saith; if the Emperor 9require tribute, we do not deny that the Lands of the Church shall pay tribute; if the Emperor have need of our lands, he hath power p. 10to challenge them, let him take them, if he will; I do not give them unto the Emperor, neither do I deny them. This writeth St. Ambrose, expresly declaring that the secular Lord hath power at his pleasure to take away the Lands of the Church; and so consequently the secular Lords have power at their own pleasures to take away the Temporal goods from the Ecclesiastical Ministers, when they do offend.

10Item, St. Augustine writeth;St. Augustine. If thou saiest, what have we to do with the Emperor? But now as I said, we speak of mans Law. The Apostles would be obedient unto Kings, and honour them, saying, Reverence your Kings; and do not say, what have I to do with the King? What hast thou then to do with possessions? By the Kings Law thy possessions are possessed. Thou hast said, what have I to do with the King? but do not say, what have thy possessions to do with the King? For then hast thou renounced the Laws of men, whereby thou diddest possesse thy Lands. Thus writeth St. Augustine in his 8. distinction, by whose words it is manifest, that the King hath power over the Church goods, and consequently may take them away from the Clergy, transgressing or offending.

11Item, in his three and thirtieth Epistle unto Boniface, he saith,Magistrates, keepers of both Laws. What sober man will say unto our Kings, Care not you in your Kingdom, by whom the Church of the Lord is maintained, or by whom it is oppressed; it pertaineth not unto you, who will be either a religious man, or who will be a Church robber? Unto whom it may be thus answered: Doth it not pertain unto us in our Kingdom, who will either live a chast life, or who will be an unchast whoremonger? Behold,The duty of Kings to punish the Clergy. this holy man sheweth here how that it is the duty of Kings to punish such as are robbers of Churches, and consequently the proud Clergy when as they do offend.

12Item, he writeth in the 33. caus. quest. 7. Si de Rebus; The secular Lords may lawfully take away the Temporal goods from hereticks; and forsomuch it is a case greatly possible that many of the Clergy are users of Simony, and thereby hereticks, therefore the secular Lords may very lawfully p. 11take away their temporalities from them. For what unworthy thing is it, saith St. Augustine, if the Catholicks do possesse, according unto the will of the Lord, those things which the hereticks held? Forsomuch as this is the word of the Lord unto all wicked men,Matthew 21.Matt 21 Mat. 21. The Kingdom of God shall be taken away from you, and given unto a nation which shall do the righteousnesse thereof; is it in vain which is written in the 17. chapter of the book of wisdom?Wisedom 11. The just shall eat the labours of the wicked.

And whereas it may be objected as touching the desire of other mens goods;An objection of the desire of other mens goods. St. Augustine answereth, That by that Evidence the seven Nations, which did abuse the Land of Promise, and were driven out from thence by the power of God, may object the same unto the people of God, which inhabit the same. And the Jews themselves, from whom, according unto the Word of the Lord, the Kingdom is taken away and given unto a people, which shall do the works of righteousnesse, may object the same unto the Church of Christ, as touching the desire of other mens goods; but St. Augustines answer is thus.

We, saith he, do not desire another mans goods; forsomuch as they are ours by the commandement of him, by whom all things were made. By like evidence the Clergy having offended, their temporal goods are made the goods of others, for the profit of the Church. To this purpose also, according to St. Augustine, St. Augustine 14. quest. 4.serveth the 14. question 4. Unto a mis-believer it is not a half-penny matter, but unto the faithfull is a whole world of riches: shall we not then convince all such to possesse another mans goods, which seemed to have gathered great riches together, and know not how to use them; for that truly is not anothers, which is possessed by right: and that is lawfully possessed, which is justly possessed; and that is justly possessed, which is well possessed. Ergo, all that which is evil possessed is another mans, and he doth ill possesse it, which doth evil use it.

If then any of the Clergy do abuse the temporal goods, p. 12the temporal Lords may at their own pleasure, according unto the rule of charity, take away the said temporal go…d… from the Clergy so transgressing. For then, according, to the allegation aforesaid, the Clergy doth not j…l… p…ssesse those temporal goods, but the temporal Lord…, proceeding according to the rule of charity, do justly possesse those temporalities, for somuch as all things are the just mans.1 Cor. 3.1 Cor 3 1 Cor. 3. chapter, All things, saith the Apostle are yours; whether it be Paul, or Apollo, or C…, either the world, either life or death, or things …, or things to come: for all things be yours, you be Christs,… and Christ is Gods. Also in the 23. question 7. Qui…q…e, it is written, Iure divino omnia sunt just… …. The words of St. Augustine in that place, ad Vin…um, be these; Whosoever, saith he, upon the occasion of this Law or Ordinance of the Emperor, doth molest or persecute you, not for love of any charitable correction, but only for hatred and malice to do you displeasure, I hold not with him in so doing.

And although there is nothing here in this earth, that any man may possesse assuredly, but either he must hold it by Gods law, by which cuncta justorum esse dicuntur; that is, all things be said to pertain to the possession of the just: or else by mans law, which standeth in the Kings power to set and to ordain, &c. Here, by the words of St. Augustine alleaged, ye see all things belong to the possession of the just, by Gods law.

13Item, forsomuch as the Clergy by means of their possessions are in danger of the Emperor and King:The clergy subject unto the Emperor and King by means of their possessions. it followeth, that if they do offend, the Emperor or King may lawfully take away their possessions from them. The consequence dependeth on this point, forsomuch as otherwise they were not in subjection under the Emperor or King: and the antecedent is manifest by the 11. question and first Parag. His ita respondetur. Whereas it is specified in Latine thus: His ita respondetur, Clerici ex officio Episcopo sunt suppositi, ex possessionibus praediorum Imperatori sunt obnoxii: ab Episcopo unctronem, decimas, & primitias accipiunt; ab Imperatore verò praediorum possessiones nanciscuntur: that is to say, p. 13The Clergy by meanes of their office are under the Bishop, but by reason of their possessions they be subject unto the Emperor: Of the Bishop they receive unction, tithes, and first fruits; of the Emperor they receive possessions. Thus then it is decreed by the Emperial law, that livelihoods should be possessed: whereby it appeareth, that the Clergy by the possession of their livelihoods are in danger of the Emperor for him to take away from them, or to correct them according to their deservings, and to have the controulment of them, as it shall seem good unto him.

Item, The temporal Lords may take away the temporalities 14from such as use Simony,… because they are hereticks. Ergo, this Article is true.

The antecedent is manifest forsomuch as the secular Lords may refuse such as use Simony, and punish them except they do repent. For by the decree of Pope Paschasius in the first and last question it appeareth,Paschasius in …. cap. …. that all such as used Simony were to be refused of all faithfull people, as chief and principal hereticks; and if they do not repent after they be warned, they are also to be punished by the extreme power. For all other faults and crimes, in comparison of Simoney, be counted but light, and seem small offences.

Whereupon the glosse, expounding the same text, saith, that by this word externe, is understood the laity,The … the Clergy. which have power over the Clergy, besides the Church, as in the 17. distinct. Non licuit, & 23. question 5. principes. Whereby it is evident, that the temporal Lords may take away the temporal goods from the Clergy when as they do offend.

Item, St. Gregory in the Register upon his seventh Book 15and ninth Chapter, writeth thus unto the French Queen:Gregory writeth to the French Queen. Forsomuch as it is written that righteousnesse helpeth the people, and sin maketh them miserable: then is that Kingdom counted stable, when as the offence which is known, is soon amended.

Therefore, forsomuch as wicked Priests are the cause of the ruine of the people,Wicked Priests the destruction of the people. (for who shall take upon him, p. 14to be intercessor for the sins of the people, if the Priest which ought to intreat for the same, have committed greater offences) and under your dominions the Priest do live wickedly and unchastly; therefore that the offence of a few might not turn to the destruction of many, we ought earnestly to seek the punishment of the same. And it followeth, if we do command any person, we do send him forth, with the consent of your authority, who together with other Priests, shall diligently seek out, and according unto Gods word correct and amend the same. Neither are these things to be dissembled, the which we have spoken of, for he that may correct any thing, and doth neglect the same, without all doubt he maketh himself partaker of the sin or offence.

Therefore foresee unto your own soul, provide for your nephews, and for such as you do desire to reign after you, provide for your country, and with diligence provide for the correction and punishment of that sin, before our Creator do stretch out his hand to strike.

And in his next Chapter he writeth unto the French King: Whatsoever you do understand to pertain either unto the honour and glory of our God, to the reverence of the Church, or to the honour of the Priests, that do you diligently cause to be decreed, and in all points to be observed.St. Gregory to the French King Wherefore once again we do move you, that you command a Synod to be congregate, and as we wrote lately unto you, to cause all the carnal vices, which raign amongst your Priests, and all the wickednesse and Simony of your Bishops (which is most hard to be condemned and reproved) utterly to be banished out of your Kingdom; and that you will not suffer them to possesse any more substance under your dominion, then Gods commandement doth allow.

Behold how carefully blessed Gregory doth exhort the Queen and the King to punish the vices of the Clergy, lest through their negligence they should be partakers of the same; and how they ought to correct their Subjects. For as it is convenient to be circumspect and carefull p. 15against the outward enemies; even so likewise ought they to be against the inward enemies of the soul. And like as in just war against the outward enemies it is lawfull to take away their goods, so long as they continue in their malice; so also is it lawfull to take away the goods of the Clergy, being the inward enemy. The consequence is proved thus; for so much as the domestical enemies are most hurtfull.

Item, it is thus argued; if God be, the temporal Lords 16may meritoriously and lawfully take away the temporal goods from the Clergy, if they do offend. For this point let us suppose that we speak of power, as the true authentike Scripture doth speak, Mat 3. 9. God is able even of these stones to raise up Children unto Abraham.

Whereupon it is thus argued; for if God be, he is omnipotent, and if he so be, he may give like power unto the secular Lords. And so consequently they may meritoriously and lawfully use the same power. But lest that any man may object, that a proof made by a strange thing is not sufficient; it is therefore declared how that the temporal Lords have power to take away their almes bestowed upon the Church, the Church abusing the same, as it shall be proved hereafter. And first thus; It is lawfull for Kings, in cases limited by the Law, to take away the movables from the Clergy when they do offend: it is thus proved; For the temporal Lords are most bound unto the works of greatest mercy most easie for them: but in case possible, it should be greater almes, and easier temporal dominion, to take away their almes from such as build therewithall unto eternal damnation, through the abuse thereof, than to give the said almes for any bodily relief, Ergo, the assumption is true.

Whereupon first this sentence of the Law of Christ in the second Epistle to the Thessalonians the third Chapter is noted, whereas the Apostle writeth thus; When we were amongst you, we declared this unto you, that he that would not work should not eat. Wherefore the law of nature doth license all such as have the governance of Kingdoms, to p. 16correct the abuse of the temporalities, which would be the chief cause of the destruction of their Kingdoms; whether the temporal Lords, or any other, had endowed the Church with those temporalities or not. It is lawfull for them in some case to take away the temporalities, as it were by way of Physick to withstand sin, notwithstanding any excommunication, or other Ecclesiastical censures; forsomuch as they are not endowed, but only with **Beneficium propter affictum.condition thereunto annexed.

When and how the title of any gift is l…st.Hereby it appeareth, that the condition annexed to the endowing, or enriching of any Church; is, that God should be honored: the which condition if it once fail, the contrary taking place, the title of the gift is lost, and consequently the Lord which gave the almes ought to correct the offence. Excommunication ought not to let the fulfilling of justice. Secondly, according to the Canon Law, 16 question 7. this sentence is noted, where it is thus spoken, as touching the Children, Nephews, and the most honest of the kindred of him which hath builded or endowed the Church: That it is lawfull for them to be thus circumspect, that if they perceive the Priest do defraud any part of that which is bestowed, they should either gently admonish or warn him, or else complain of him to the Bishop, that he may be corrected. But if the Bishop himself attempt to do the like, let them complain of him to his Metropolitane: and if the Metropolitane do the like, let them not defer the time to report it in the ears of the King. For so saith the Canon, Let them not defer to report it in the ears of the King. To what end I pray you, but that he should do correction: neither is it to be doubted, but that correction doth more appertain unto the King in this point for their goods, whereof he is chief Lord, by a substraction proportional according to the fault or offence.

17Item, is thus proved; It is lawfull for the secular Lords by their power to do correction upon the Clergy by some kind of fearfull discipline appertaining to their secular power:It is lawfull for the civil rulers to correct the Clergy. Ergo, by like reason it is lawfull for them by their power to do such correction, by all kind of fearfull discipline p. 17pertaining unto their secular power. For so much then as the taking of their temporalities is a kind of fearfull discipline pertaining unto the secular power; it followeth, that it is lawfull for them thereby to do such correction. And consequently it followeth that the truth is thus to be proved. The consequence is evident; and the antecedent is proved by Isidore 23. quest. 5. Principes, where it is thus written; There should be no secular powers within the Church, but only for this purpose, that whatsoever thing the Priests or Ministers cannot bring to passe by preachings or teachings, the secular powers may command the same by the terrour and fear of discipline. For oftentimes the heavenly Kingdom is profited and bolden by the earthly Kingdom: that they which are in the Church, and do any thing contrary unto faith and discipline, by the rigour of the Princes may be troden down, and that the power of the rulers may lay that discipline upon the necks of the proud and stif-necked, which the utility and profit of the Church cannot exercise or use.

Item, all things that by power ought to work or bring 18to any perfect end by the reasonable measuring of the mean thereto, may lawfully use by power the substraction or taking away of the excesse, and the addition of the want of the means, according as shall be convenient or meet for the measure to be made. For so much then as the secular Lords ought by their power to provide for the necessary sustentation of the Christian Clergy, by the reasonable measuring of their temporalities, which they are bound to bestow upon the Christian Clergy, it followeth that they may lawfully by their power use the taking away or putting unto of those temporalities according as shall be convenient for the performance of that reasonable matter.

Item, it is lawfull for the Clergy, by their power to 19take away the Sacraments of the Church from the laity customably offending, for so much as it doth pertain to the office of the Christian Ministers by their power to minister the same unto the Lay people. Wherefore, for so much as it doth pertain unto the office of the Laity, according unto their power to minister, and give temporalities to the p. 18Clergy of Christ, as the Apostle saith, 1 Cor. 9. It followeth, that it is also lawfull for them by their power to take away the temporalities from the Clergy, when they do customably sin and offend.

20Item, by like power may he which giveth a stipend or exhibition, withdraw and take away the same from the unworthy labourers, as he hath power to give the same unto the worthy labourers: for so much then as temporalities of the Clergy, are the stipends of the Laity; it followeth that the Lay people may by as good authority take away again the same from the Clergy, which will not worthily labour, as they might by their power bestow the same upon those which would worthily labour, according to the saying of the Gospel, Mat. 21. The Kingdom shall be taken away from you, and given unto a people which shall bring forth the fruits thereof.

21Item, it is also lawfull for the secular Lords, by their power, to chastise and punish the Lay people when they do offend, by taking away of their temporalities according to the exigent of their offence, for so much as the Lay people are subject under the dominion of the secular Lords, as appeareth, Romans 13. and many other places, it is evident that it is lawfull by their power to punish the Clergy, by taking away of their temporalities, if their offence do so deserve.

22Item, the true and easie direction of the Clergy unto the life of**Who were very poor and had no Lands nor Temporalities Mat. 8. 20. c. 19.27. Luke 8. 3. c. 9. 58 Acts 3.3,5,6. 1 Cor. 4.9, to 15. 2 Cor. 6. 4, 10. c 8.9. Phil. 2. 25. c. 4. 11, to 20.Matt 8:20Luke 8:3Acts 3:3Acts 3:5Acts 3:61 Cor 4:9–152 Cor 6:42 Cor 6:10Phil 2:25 Christ and the Apostles, and most profitable unto the Laity, that the Clergy should not live contrary unto Christs institution, seemeth to be the taking away of their almes, and those things which they had bestowed upon them. And it is thus proved: That medicine is most apt to be laid unto the sore, whereby the infirmity might soonest be holpen, and were most agreeable unto the patients: Such is the taking away of the temporalities: Ergo, this article is true. The minor is thus proved, for so much as by the abundance of temporalities, the worm or serpent of pride is sprung up, whereupon unsatiable desire and lust is p. 19inflamed, and therefrom proceedeth all kind of gluttony and leachery. It is evident in this point, for so much as the temporalities being once taken away, every one of those sins is either utterly taken away, or at the least diminished, by the contrary vertue induced and brought in… It seemeth also most pertinent unto the Laity, for so much as they ought not to lay violent hands upon their Ministers, or to abject the Priestly dignity, **By the Law of that age.neither to judge any of the Clergy in their open Courts. It seemeth also by the Law of Conscience to pertain unto the lay people, for so much as every man, which worketh any work of mercy, ought deli…ently to have respect unto the ability of them that he bestoweth his almes upon, lest that by nourishing or helping loyterers, he be made partaker of his offence. Whereupon, if Priests do not minister of their temporalities, as Hostiensis teacheth in his 3d. book of their Tither, First-fruits and Oblations, the people ought to take away the almes of their Tithes from them.

Item, it is confirmed by the last chapter of the sevententh 23question, out of the decree of rents appropriate unto the Church, Quicunque. Whereas the case is put thus, That a certain man having no children, neither hoping to have any, gave all his goods unto the Church, reserving unto himself the only use and profits thereof: it happened afterward that he had children, and the Bishop restored again his goods unto him not hoping for it. The Bishop had it in his power, whether to render again, or no, those things which were given him; but that was by the law of Man, and not by the law of Conscience. If then by the decree of the holy Doctor St. Augustine, in his Sermon of the life of the Clergy, Aurelius the Bishop of Carthage had no power by Gods law to withhold that which is bestowed upon the Church for the necessity of children; by the which law, the wanton, proud, and unstable Clergy, being more then sufficiently possessed and enriched, do detain and keep back the temporalities to the detriment and hurt of their own state, and of the whole militant Church, the secular patrons being thereby so impoverished, p. 20that they are compelled by penury to rob and steal, to oppresse their tenants, to spoil and undo others, and oftentimes by very necessity are driven to beggery.

24Item, suppose that a Priest and Minister, how grievously soever he do offend, by what kind or sign of offence soever it be, as it was in the case of Bishop Iudas Iscarioth: of the religious Monk Sergius, of Pope Leo the heretick, and many other Priests, of whom the Scripture and Chronicles make mention, and daily experience doth teach us the same: it is evident that, as it is supposed, the Priests in the Kingdom of Boheme grievously offending,, it is the Kings, part, for so much as he is supreme head next under God, and Lord of the Kingdom of Boheme, to correct and punish those Priests. And for so much as the gentlest correction and punishment of such as be indurate in their malice, is, the taking away of their temporal goods, it followeth, that it is lawfull for the King to take away temporalities. Wherefore it should seem very marvellous and strange, if that Priests riding about should spoil Virgins, violently corrupt and defile honest Matrons; if in such case it were not lawfull for them to take away their Armours, Weapons, Horses, Guns and Swords from them. The like reason were it also, if they had unlawfully conspired the death of the King, or that they would betray the King unto his enemies.

25Item, whatsoever any of the Clergy doth require or desire of the secular power, according unto the Law and Ordinance of Christ, the secular power ought to perform and grant the same. But the Clergy being letted by riches, ought to require help of the secular power for the dispensation of the said riches. Ergo, the secular power ought in such case, by the law of Christ, to take upon them the office or duty of getting, keeping, and distributing all such manner of riches. The minor is hereby proved, that no man ought to have riches, but to that end, that they be helps, preferring and helping unto the office which is appointed of God. Therefore in case that secular possessions p. 21do hinder the Clergy from their duty, the secular power ought to take it away, for so did the Apostles, Acts 6. saying, It is not lawfull for us to leave the Word of God untaught, and to minister unto tables.

It is confirmed, Every good Christian is bound to be 26helpfull to his neighbour in those things, especially which do concern the publick good: But it will be a great help to a Clergy man to be deprived of his temporal possessions, it being granted, they do **2 Tim 2. 4. Mat. 10. 9 10. Phil 3 Id. 19. 20. 2 Tim. 4 1….2 Tim 2:4Matt 10:9Phil 32 Tim 4:1retard him from his duty due unto God; Therefore the person more sufficient is bound in such a case by the Law of Christ, to deprive him of temporal possessions; But Kings and Lords temporal are the most sufficient for this, being truly said to be Lords and Possessors of temporal estates: and undoubtedly this would especially concern the publick good, to make such a de-generation of temporals, which in their nature are but a burden to a Clergy man,Luke 8. 7, 14.Luke 8:7Luke 8:14 retarding him in his spiritual duties, and so many thorns (as our Saviour speaks it in the 8. of St. Luke) Choaking the Word of God.

Moreover, Kings and secular Princes are the chief or capital 27Lords of goods temporal, having a care over the Church, and a special power for the inferring of such a Coaction, as it is manifest 2…. quest. 5. Principes, where by the authority of Isiodore 30. Etymol. 53. It is thus written: Let secular Princes know, that they must render an account to God for the Church which they are to maintain for Christ. And in the same question it followeth, It is proper to Kings to execute Iustice, and Righteousnesse, and to deliver from the hand of the gain sayers and slanderers, those who are orpressed by force, and to assist the Stranger, Orphan, and Widow, who more easily are oppressed by the powerfull. The duty of Kings.And in the same question it followeth, The King ought to prohibit thesis, punish adulteries, destroy the wic…ed from the earth, not suffer paricide and perjured persons to live, nor their own sons to live wickedly. And by declaring where a Bishop abuseth the goods of the Church, Blessed Gregory writes thus, as it is recited in the Decretals, 16. quest. 7. Decret. where having taught, that the goods of the p. 22Church are common, he subjoyneth, We have received a bad report that some Bishops confer not the Tithes belonging to their Diocesse, and the Oblations of charitable Christians on the Priests, or …oor, but on Lay persons, viz. Souldiers, or their own Servants, or, which is worse, on **As most do now.their Kindred; If therefore any Bishop shall be found to be a transgressor of this Precept, he is to be ranked amongst the greatest Hereticks, and Anti-christs. And as the Nycen Council censured of persons guilty of Simony, Bishops conferred …thes …n unworthy personsboth the Bishop who giveth, and the Lay men who receive, are without ransome, price, or benefit to be condemned to the punishment of everlasting fire. Therefore what faithfull King, Prince or Lord would not resist such contagious persons who infect their own mother. Whence 3. quest. 2. Si Episcopus, The Canon speaketh in these words, If a Bishop by his ill life shall wast the goods of the Church, he is to be removed from his Patrimony untill full knowledge be had of the dilapidation he hath made, after the Example of Tutors and Curats, who being suspected are removed from their Cure or Tutelage, untill a more full knowledge he had of the suspected person. But the Doctors say, that the dilapidation ought first to be proved, which being done, an assistant ought to be given to him to the end of the Trial, but the Correction would then be taken from the secular Prince; It seemeth therefore the correction of the Prelate being wanting; It belongeth to the King to dispose of his goods according to the Civil Law.

28Every Member of the Church ought to help one another, but temporal Lords are Members of the Church with Priests beneficed. But the case so may be that the chiefest help they can afford them, is to deprive them of their temporal goods, therefore in such a case they ought to do it. And the Power or the Sword of which the Apostle maketh mention Rom. 13 being sufficient for this; And by consequent it being superfluous to appoint another, it seems they have a power whether some case doth extend it self to the correction of the Clergy. For if I ought to help even the beast of my enemy being out of the way, or lying down, Exod. 21. How much more in the new Testament, having the opportunity p. 23and power so to do, ought I to free from the jaws of the Devil, the Soul of my Curate insnared with the Mammon of Inquity.

There being a power of Fact, and a power of Right; It 29is granted, that the King de facto may take away the Temporals from a Clergy-man, being a Delinquent; and it is granted withall, that the taking away of the said Goods may be an occasion to that Ecclesiastick person,Mark 10. 21. to 31. c. 28. 34 2 Tim 2.4.Mark 10:21–312 Tim 2:4 for the abandoning of all wordly affairs, and devoting himself more peculiarly to the worship of God. This Case will not be denyed by any faithfull Christian, not over-blinded with the dross of Temporal things. For as St. Augustin saith, It is expedient for many to fall into manifest sins, that knowing their own frailty they may live more humbly, and by grieving for their sins, they may be more cautious how they sin again. A Sin committed and acknowledge, doth render us more carefull.It is therefore much more expedient that many be poor, and to be without the civil Dominion. The Case admitted, it is manifest, that the King doth a good work in the General; now every such work may be well done; therefore he may well take away the Goods from an Ecclesiastical person: for if the greater part of evil works may in the generality of them be well done, much more may every good work in the generality of it; For it is not repugnant to Grace or Almes that this good work proceedeth from it: neither is it to be doubted, but that God in such a Case doth give a power to the King, which he eternally ordaineth to the performance of his pleasure. It being granted then that the King, and the said Ecclesiastick may reign together in Heaven, there would be both notice and joy for the taking away of such a Temporal estate, although by our Childish blindness it appeareth to men of a grosse understanding to be disadvantageous.

Again, if this be an error, that Temporal Lords may at 30their pleasure take away temporal things from Ecclesiastical persons, being habitually Delinquent; then it is false also against the true way of the Church, and so Heresie, because that All truth is in the holy Scripture, as Saint Augustine often affirmeth; and by consequent, since this p. 24way should be a falshood, it followeth that it would be contrary to the holy Scripture. And certain it is, that it is pertinaciously and strongly defended, because Kings and Princes believe that it pertaineth to their Soveraignty to have this powers; for grant the contrary, it will follow, that Ecclesiastical persons, seeing they are great Trangressors, may destroy both Kingdoms and their People, to prevent which it may be lawfull for the King to resist the Clergy, or to impugn his Charity, by the ablation of his proper Almes, and those Temporal goods, which are the Fire exciting hereunto. Now the King could not lawfully punish the bodies of such Traytors, if he could not lawfully take from them, and alienate their Temporal estates, over which he hath a special Dominion. And since this power is the chiefest Royalty of the King, it would be the same thing to infringe this power, and subtilly to overthrow the Government of the Kingdom.

31Again, seeing many Kings, and Nobles being Catholicks have oftentimes exercised that power; it were the same, according to such a form, to assert the assumption, and afterwards to condemn the Lives and Souls of those Hereticks, which the Heirs of Kings, and especially their Sons have stoutly opposed; for thus, according to the Priests and Pharises accusing Christ of Heresie, they would impose a manifest Error, and Heresie on the King, of whom they have so great a Temporal assistance: But God when he pleaseth will move the heart of the King, to overthrow their madness.

32Again, Ecclesiastical persons are either the Chief Lords of those Revenues, and Temporal estates which the King hath given to them,The Lord Prelates have the fourth or third part of the Revenues of this Kingdom. or they are not; if they are, it truly followeth, that for the greatest part those Ecclesiastical men are the chief Lords of our Kingdoms; and so, as to their Temporals, not subject to the King, which it seemeth they themselves do conceive. The first consequence is manifest by this, because the Clergy-men of our Kingdom have the fourth, or third part of the Revenues of it. And from hence it is, that they will not be called Presbyters, p. 25but Lord Prelates, L. Praepositors, L. Canonicals, L. Prebends, Note.L. Presbyters. And if any man shall call them Presbyters, they are presently angry, as if you had called them Common-cryers, or Tormentors. But if the Clergy-men,Note. are not the chief Lords of those Revenues, and Temporal estates which the King hath given them, as holy men are of opinion, who say, That Ecclesiastical Persons are not Lords, but Attornies or Procurers only for poor men; it then followeth, That the King is the Soveraign Lord of their Goods and Estates, and by consequent, can take them away from those Ecclesiastical persons, who are Delinquents, and bestow them on the poor of Christ. And from hence it is the Canon affirmeth,St. Ambrose. that in the time of necessity, to provide for the poors relief the Goods of the Church may be sold by the Priests, 12. quest. 2. cap. Sicut Ecclesiast. Parag. Secundo. On which St. Ambrose limiteth the cases in which they may break and sell the Vessels consecrated to the Church, as it is manifest, Dist. 96. Whatsoever in Gold, The selling of Gold and Silver Vessels and Vestments.Pearls or Iewels, or in Silver, or in Vestments shall appear to be less usefull, which cannot long be kept, or continue for the service of the Church, let them be sold according to their full value, and the profit thereof be given to the poor. Saint Ambrose doth insist also at large upon this particular in his fifth book of Offices.

Again, many Kings have oftentimes wholly taken away the 33Temporal estate from the Clergy, The Templers.as it is manifest by the destruction of the Templers, and many other private ablations; but they never did, or could do so lawfully, as is manifest by the **This argument is by way of retorsion. These Lands being taken from the Templers by the Pope and Clergies consents & solicitations.Adversaries. Therefore in this they did that which lawfully they could not do. And moreover, in this they did that which they could not do meritoriously, or according to the law of God. And seeing that every work of man proceeding from deliberation is either lawfull, or unlawfull, meritorious, or demeritorious, it followeth that they did it unlawfully or demeritoriously; and it followeth moreover, that inso doing they fell into a dangerous error, and as destructive to the Soul as to the Body: and that this error is directly contrary to the Catholick truth, it doth appear by a threefold consideration. p. 26First, That Kings by so doing did that which neither was nor could be lawfull. Secondly, Because they took away the Goods of other men against a commandement of the second Table. And thirdly, Because they did it not in Almes, which is against the Catholick truth, Let all things what you do be done in Almes. All the Antecedent is granted by the Adversaries; and this error being in Fact, i… Kings pertinaciously shall defend it, resolving by their power (as if a lawfull one) to take away from Ecclesiastical persons, though Delinquents, their Temporal Goods, they are in a Heresie. From which it further followeth, that Kings persisting in so doing are Hereticks; and if they shall defend what they have done unto death, it followeth that they are Hereticks, and damned; and from this again, it farther followeth, that Clergy-men benesiced who do believe what here is said, should not pray for the said Kings deceased.

34Again, the Emperour or a King, not only oughteth, but it becommeth him so to indow the Church, A … end…wed ….that he may lawfully take from it his gifts of Almes, in case that the abuse thereof doth tend to the detriment of his Kingdom, and the hinderance of the preaching of the Gospel. Suppose therefore, that under such a condition he hath endowed such a Church, it may thereupon be thus argued. If according unto that form the Emperour or the King had endowed the Church of Prague, he might lawfully in the case of the Detriment of his Kingdom, or in the contempt of his own person, or in the case of the not preaching of the Gospel, take away his gifts of Almes. But the Emperour or the King could under such a condition have endowed the Church of Prague; Therefore for the contempt of the Clergy he could lawfully take away the said gifts of Almes he had given. The condition therefore being lawfull and honest, and the custom both of the King and kingdom, do show that condition in facto to be added. It seemeth to be too presumptuous an assertion, that our Princes cannot take from them their gifts of Alms, be the faults they have commited never so enormous; yea when it was properly in their power to adde such a condition. p. 27And again, when as those who received those gifts of Almes could commit never so grievous offences, as already I have said. It is manifest, that our Princes have a simple and an absolute power to withdraw their gifts of Almes, a possible danger being imminent, and by the same rule it followeth, that on the like po…sible emergencies they may do it for the time to come.

Again, the King of Bohemia, or the Emperour indowing 35his Church, neither ought, or … it to the weakning, or the worsting of his kingdom. For all power is from God,Rom. 13.Rom 13 which cannot give any power to this end. But suppose it so should come to pass, that a King or the Emperour had absolutely indowed a Church without such a condition to be understood, yet such a condition ought to be understood;Note. and by consequent, when such a condition of the Clergy doth fall out, the King by taking the Temporals from them into his own hands doth do no injury to the Clergy, the condition being dissolved and made null by his or their defect. The minor of the Argument is thus proved, If all those Goods with which our Church is indued did immediately and directly so pertain to the Pope, that the King had no interest neither in the possessions nor the persons, the fourth part of the kingdom and more being devolved to a Mortmayn, it would follow, that our King is not King of all Bohemia, more than the fourth part thereof being fallen into a Mortmayn for the Clergy;The fear least the whole possession of the Kingdom of Bohemia be dev…lved to the Clergy, as in the Rhene. and the possessions of the Clergy every day increasing; and the possessions of the Barons, Knights, and other Seculars every day decreasing, it may easily come to pass, that the whole possession of the Kingdom of Bohemia, may be devolved to the Clergy, as it hath come to passe in the Rhene.

If this comes to pass, the Dominion of our King, and of the Barons will be extinguished, and by consequence all Soveraignty; for it is not lawfull for the King (as the Clergy do affirm) to interpose in matters concerning themselves, or their possession, be their offences never so haynous; neither is it lawfull for the King to meddle with their Temporals, how great soever the abuse doth tend to the indangering of the kingdom, p. 28because (they say) they are exempted from all Kingly jurisdiction, both in Body and in Goods, and immediately subject to the Pope,The Clergy unwilling to be subjected to the King. And thereupon committing insolencies in the kingdom, they will not be corrected by the King, but are like good or evil Angels, not subject to the King in his own kingdom.

36Again, according to the Decrees of Gregorie, 2. quaest. 3. He ought altogether to lose his privilege, who abuseth the Power that is committed to him; but every Clergy-man abusing the Kings gifts of Almes, doth abuse the power committed to him; That indowment therefore being a Privilege, it directly followeth,The abuse of gifts. that he ought altogether to lose it.

And to whom, but to the King who did impriviledge him? for it is his priviledge to interpret, and to defend, or take away, whose priviledge it is to make.

37It is confirmed by that of Matthew, Chap. 23. To every one that hath it shall be given, and he shall abound: and to him that hath not, even that shall be taken which he hath. When the King is obliged so to abound by the Title of his Justice, it seemeth that the Ablation, or the taking away from him whom he hath indowed with Church gifts, ought to proceed from the King himselfe; it being supposed it may so come to pass, that he may seem to have those gifts of Almes which he hath not.

38It is confirmed also by the law and due of these Spiritual gifts of Almes; for the King is bound by the laws of God and of his Kingdom to preserve Justice, for the safety of his Liege-people. But the chief work of such a mercy which belongeth to a King is a coactive castigation, to continue such works of Almes which he ought to see performed. The Clergy-men therefore who take the greatest offence at the taking away of Temporals, do yet challenge, that the Seculars do defend the gifts of their Progenitors remaining in their strength; which cannot be, unlesse the Church hath the profit from such gifts of Almes, in such a manner, that being put together it may remain upon the account of Priviledge, or of free gifts of Almes, which is extinguished when the said Clergy-men do abuse their gifts, according p. 29to the Decrees of Gregory alledged in the foregoing confirmation. If therefore the Temporal Lords (as the Clergy-men who enjoy these Gifts of Alms do challenge) are bound to continue the charitable Donations of their Fathers, whose Heirs they are; they are then bound to conform themselves to that which followeth; for otherwise they would be obliged to Contradictories against the possibility of the Divine law, viz. both to continue the said Gifts of Almes, and to defend their abuses in the several species of them; according to which sense, they do want the form and the very essence of a spiritual Gift of Alms. Therefore when Kings and Secular Lords are bound to continue the Almes of their Progenitors in the perpetuity of them, they are obliged also by the law of Spiritual almes to chastise their Liege-people abusing them. They are obliged also by that Obligation, to do justice to their Subjects, and to extinguish those injuries which most dangerously tend to the ruine of their Subjects.

It is manifest, that in some case they are bound to restore their Goods to the Holy Church, and to take them away from the Despisers of God and his Kingdom; for this was the condition of the first and antient Donation. Therefore if our King have not the power over these his Peers to correct the abuse of Almes in his Clergy, he hath not the power of governing politickly over all his Kingdom; But yet if we do well attend to the holy Scripture, we shall know what is spoken of the priviledge of the King, to wit, that he hath a coercive power over the Clergy; and the Clergy have a priviledge also, that they have such a One set over them, to whom deservedly they may submit themselves.

Again, Kings and Princes, and all Lords Temporal are 39:bound to a Brotherly correction, some circumstances concurring, which require such a correction. But it may well come to pass, that a Clergy-man may transgresse with such a circumstance, that a Brotherly correction of him may be most needfull and effectual, by merely taking away from him those Temporals which he abuseth.; Therefore it may so come p. 30to pass, the Temporal Lords by the Law of Christ are bound unto it; neither doth it any thing avayl to say, that the Dispens…cion of the Pope, or any Priviledge, or Exemption doth exclude it; for God forbid, that a Catholick should affirm, that it is lawfull for Christs Vicar to do that by his Traditions, which may hinder, or derogate from the Practick law of Christ, and impede Catholick Lords from an effectual, and a profitable correction of the Church; for it is not lawfull for a man so to exempt any, as if he shall fall into a sin, it shall not be in his Power to correct him.

Dispensation.Upon this account it is, that St. Bernard in his third Book to Pope Eugenius, calls a Dispensation which is not for the Publick good, a Dissipation; And hereupon he hath these words, What? Do you forbid to dispence? No, but to dissipate; I am not so silly as to be ignorant that you are made Dispencers but to edification, not to destruction. Amongst Dispensators, or Dispensers it is required, that a man be found faithfull: when Necessity urgeth, a Dispensation is excusable; when Profit inviteth it, the Dispensation is laudible; but this Profit must be publick, and common, and not private and particular; for where neither of these two are, it is not a faithfull Dispensation, but a cruel Dissipation.

From the words of this Saint it is manifest, that priviledging or exempting is not a faithfull Dispensation, but a cruel Dissipation. If Clergy-men be exempted, let their sin be never so enormous to from being corrected by any but the Pope only. For what is the profit of the Church, that Clergy-men should be wanton and rampant as Bulls, and like untamed Horses, neigh unto their Neighbours wives; unless in such grievous exorbitancies, some yoak, or curb be imposed upon them by the Princes. For Priviledging, Dispensation, or Exemption, ought not to be an Authority to them for the committing of sin; for St. Augustin in his fourth Book, intituled Authority, Quaest. 23. saith, That he who sinneth, sinneth not by the Authority, but against the Authority of the Law.

40Again, the addition of temporal Goods is commonly not so near to the last necessity of salvation by corporal punishment, p. 31as the taking away of the Abuse is near to the last necessity of the perpetual Salvation both of Soul and Body; As it is a work of greater mercy to take away a Sword from a Mad-man that would kill himself, than to give a Sword to a persecuted man to defend himself from one that doth endeavour to kill him; for it is worse for a man to be killed by himself than by another; for the first is damnable, the second just, or meritorious. And to this sence is that of Saint Augustin 5. Quaest. 5. Not every one who spareth is a Friend, nor every one who scourgeth is an Enemy; for the wounds of a Friends are better than the fraudulent kisses of an enemy; it is better to love with security, than to deceive with lenity. The wounds of a Friend are better than the deceitfull kisses of an Enemy.And to the same purpose is that which followeth, It is safer to take Bread from a hungry man, if having abundance of Bread he neglecteth Iustice; than to give Bread to a hungry person, that being seduced he may acquiesce in Injustice. And again, He who binds a Mad-man, and he who awakens and rouzeth up a Lethargick-man is a friend to them both, although he is troublesom to them. Thus for Saint Augustine, by whose example, if Lords Temporal are bound to give charitable Gifts to the Clergy, that they may be the better incouraged to the performance of their Duties, they are also bound by the same law of Almes to take away the said Gifts from those that do abuse them, least by suffering the abuse, they destroy their own Souls.

And hence it is, that amongst all the sins to which the Superiours of our Kingdom of Bohemia are most obnoxious, the greatest are Blind zeal, False mercy, and a Consentanious, omission,In the Superiours of the Kingdom, Blind zeal, False mercy, and a consentaneous Omission. either by negligence, or which is above all most horrible, when mony i received, for giving consent unto a Crime, and the Enemy of Christ is unjustly defended by the Almes given to the Clergy; Whereupon St. Augustine in his 3. Epist. to Macedonia writeth, We more mercifully do draw back than give to such Persons; for he doth him no good, who helpeth a man, but rather doth pervert him and oppresse him; Whereupon it is to be admired, why a Clergy-man who hath a thorn in his foot, will suffer a Lay-man to pull it out, that he might walk the better, Note.and will p. 32not suffer him when Riches do choak his affections to take them away from him, that so walking uprightly in the footsteps of Christ, he might save his Soul, unless peradventure he would show thereby, that he loveth the soal of his Foot better than he doth his Soul: For if he loved his Soul better, he would then with joy sustain the plunder of his Temporals; for so those Christians did to whom the Apostle writeth, Heb. 10. you took joyfully the spoyling of your Goods, knowing in your selves, that you have in Heaven, a more enduring substance. And since our Saviour having no fault in himself, did humbly and willingly endure the losse of his Garments, and a most bitter and ignominious Death; the example of our Saviour, and the consciousness of his own Guilt should move every Clergy-man even patiently to endure the taking away of his Goods. Note.But if a Clergy man doth so grievously murmur against the taking away of the mammon of Iniquity, how would he endure reproach, and blows, and spittle, and martyrdom, and Death it self for the Name of Christ? Such a Clergy-man never thinketh of that in St. Ambrose, concerning the contempt of the world; In which he hath these words, O most wretched man! with what a fraud art thou circumvented? with what a grief art thou deceived? with what a snare art thou captivated? who fearest that thy wordly possessions should be taken from thee, and hast no fear in the mean time of losing of that most excellent Creature, thy own Soul?

41Again, God permitteth Ecclesiastical persons, so exorbitantly to offend, that they may deserve to be plundered of their possessions, neither doth he cause the plundering of them, but by setting Temporal Lords on work to see such an Execution thorowly performed. Obj.This Article therefore is true. But peradventure it will be objected, That by the addition of this Particle that it is in their lawfull Power so to do, according to their own arbitration, the whole strength of the Instance above-mentioned is taken away.Ans. Nevertheless, according to the five Rules of Logick, and Metaphysicks it is manifest, and plainly consequent, that if the King and Temporal Lords cannot do so according to their own Arbitrement, it must be so, because that Arbitrement p. 33is either a Power Judicial, or a Judicial Act of the same Power; and grant what may be granted: If the Temporal Lords could not act so according to that Power, or such an Act, it would follow, that they have no power to act any thing at all. Note.For if they ought to expect the Arbitration of the Bishop of Rome, or of the Archbishops, and all the Clergy of this Kingdom, the chief Power would reside in the Clerks only, and the great Prelates, and Bishops of the Kingdom; and so our King should not be King of Bohemia, neither any of the Peers of the Land, or Lords Temporal should have any visible Power, which must wholly and necessarily be reduced to the Clergy, The Dominion of the Clergy over the Power Politick.and by consequence the Clergy it self should be secularly over the King; which is directly against the Law of Christ, Luke 22. where our Saviour saith, That the Kings of the Gentiles do exercise Lordship over them, and they that exercise Authority upon them are called Benefactors. But you shall not be so. On which place Saint Bernard, writing to the Pope Eugenius, saith, that Lordship was forbidden the Apostles.

Again,An excellent Reason. as Ecclesiastical Persons do joyfully receive Prayers from Kings and Dukes, for their good works: so by the same account when they do offend, they obediently ought to receive punishment from them for their evil work. The consequence holds, for punishment for sin, being humbly & patiently received, is more profitable to a Man, than Prayse for a good work. Whereupon St. Gregory writeth to Mauritius the Emperour that did persecute him, I do believe that by so much the more you do please Almighty God, by how much the more you do punish me that am an evil Servant to him.

If therefore the Pope without offence did so humbly receive punishment from the Emperour, why should not an inferiour Clergy-man be as patient, who justly, nay peradventure, who grievously offendeth? why should not, he I say, receive patiently punishment from him who is his King, or Prince, or Duke, and to whom he is subjected? Saint Peter, the imediate Vicar of Christ, saith in his first Epistle and second Chapter, Submit your self to every Creature for the Lords sake, whether it be to the King as Supream; p. 34Or unto Governours, as unto those who are sent by him, for the punishment of Evil doers, and for the praise of them that do well, for so is the will of God.

Leo the Pope subjected himself to Ludovick the Emperor.In order to this Rule Pope Leo did subject himself to Ludovicus the Emperor, as it is written, 2 Quaest. 7. in these words, If we have done any thing incompetently, and have not to your Subjects observed the true rule of the Law, we are ready to amend and correct all things according to yours, and your Counsels judgement; for if we who ought to correct the sins of other men do commit greater offences our selves, certainly we are not the Disciples of Christ, but as with grief we speak it, we shall be above all others the Masters of Errour; And in his tenth Distinction writing to the Emperour of Obedience, he hath these words, As for the most faithfull, and irrefragable keeping and observing of the Imperial Orders and Precepts, and of the Bishops our Predecessors, (Glosse, that is of the Emperours who are anointed after the manner of Bishops) we professe, that both now, and alwaies, to the uttermost of our Power, by the Grace of God we will be most carefull; and if per adventure any other Man either hath or shall inform you otherwise, be assured for certain that he is a Lyar.

Behold how that holy and devout Pope, calling even Emperours by the Name of Bishops, according to the rule of the Apostle Saint Peter, did submit himself, as well to obedience as to punishment. Why therefore should not a Clergy-man of the Kingdom of Bohemia submit himself for the Lords sake to the King in obedience? and if he hath offended in punishment also;The pride and tyranny of the Clergy.. and not only to the King, but unto Dukes; and not to Dukes only, but also to every humane Creature? for by how much the more he humbleth himself in this world for God, by so much he shall be the more exalted by God in the world to come; And what binders that this should be done, but Pride only? by which Antichrist doth extoll himself above our most humble Lord and Master Iesus Christ.

42Also the foresaid opinion concerning the ablation of Temporalties, seemeth to be manifest out of the Prophecy of Hildegardis the Virgin,Hildegardis Prophecy. which she puts down in her p. 35Books under Eugenius the Pope in the Counsel of Treverse, approved and allowed by many Bishops of France, Italy, and Almaine, which were there present, whereas also Saint Bernard himself was present; the which Virgin prophecying spake in this manner, The Kings and other Rulers of the World, being stirred up by the just judgement of God, shall set themselves against them, and run upon them, saying, We will not have these men to reign over us with their rich Houses and great Possessions, and other worldly riches, over the which we are ordain'd to be Lords and Rulers; and how is it meet or comely, that those shavelings with their tooles and chisils should have more souldiers, or more or richer armour or artillery than we? So is it not convenient, that one of the Clergy should be a man of War, neither a Souldier to be one of the Clergy. Wherefore let us take away from them that which they do not justly, but wrongfully possess. And immediatly after she saith, The Omnipotent Father equally divideth all things, that is to say, the Heavens he gave unto the heavenly Creatures, and the Earth unto the earthly. And by this means was there a just division made between the Children of men, that the Spirituality should have such things as belong unto them, and the Secular people such things as are meet and necessary for them, so that neither of these two sorts do oppresse each other by violence; for God doth not command, that the one Son or Child should have both the Cloak and the Coat, and the other should go naked: but he willed, that the one should have the Cloak, and the other the Coat. Wherefore the secular sort ought to have the Cloak for the greatnesse of their worldly cares, and for their Children, which daylie increase and multiply. The Coat he giveth unto the Spiritualitie, that they should not lack clothing, and that they should not possess more than necessity doth require. Wherefore we judge and think it good, that all these aforesaid be divided by reason and equity. And whereas the Cloak and the Coat are both p. 36found, there the Cloak should be taken away, and given unto the needy, that they do not perish for lack or want. These aforesaid spake the Virgin Hildegardis, plainly foreshowing the taking away of the Temporalities from the Clergy by the secular Lords, and shewing for what cause they shall be so taken away. And what manner of division shall be made of those things that are taken away, that they be not consumed, and spent unprofitably.

This blessed Hildegardis, whose Prophecie this, flourished about the year of our Lord 1046. as it is written in Martins Chronicles.

43Hugo de Sa…am. part 2.Also Hugo in his second Book of Sacraments, in the second part, third Chapter and 7. saith, The Laity forasmuch as they intermeddle with earthly matters necessary unto an earthly life, they are the left part of the body of Christ. And the Clergy, for so much as they do dispose those things which do pertain unto a spiritual life, are as it were the right side of the body of Christ. And afterward interpreting both these parts himself, he saith, A spiritual man ought to have nothing but such as pertaineth unto God, unto whom it is appointed to be sustained by the Tithes and Oblations which are offered unto God: but unto the Christian and faithfull Laity the possession of the Earth is granted; and unto the Clergy the whole Charge of Spiritual matters is commited, as it was in the Old Testament. And in his seventh Chapter he declareth, how that certain things are given unto the Church of Christ by the devotion of the Faithfull, the power and authority of the Secular power reserved, lest there might happen any confusion; Forsomuch as God himself cannot allow any disordered thing. Whereupon oftentimes the worldly Princes do grant the bare use of the Church, and oftentimes use and power to exercise Justice; which the Clergy cannot exercise by any Ecclesiastical Minister, or any other person of the Clergy, Notwithstanding they may have certain Lay-persons Ministers unto that office. But in such sort, saith he, that they do p. 37acknowledge the power which they have to come from the Secular Prince or Ruler,Note. and that they do understand th…ir Possessions can never be alienate away from the Kings power; but (if that necessity or reason do require) the same Possessions in all such case of necessity do owe him obeysance and service. For like as the Kings power ought not to turn away the defence or safegard which he oweth unto other: so likewise the Possessions obtained and possessed by the Clergy, according to the duty and homage which is due unto the Patronage of the Kings power, cannot by right be denyed.

Thus much writes Hugo, with whom Iohn Hus concludes his Disputation.

Mat. 5. 39, 40. But I say unto you, that you resist not evil; And if any man will sue thee at the Law, and take away thy Coat, let him have thy Cloak also.

Phil 3. 8, 17, 18, 19, 20. Yea doubtless, I count all things but l…sse, for the excellency of the knowledge of Christ Iesus my Lord, for whom I have suffered the losse of all things, and do count them but dung, that I may win Christ. Brethren be followers together of me, and mark them which walk so, as ye have us for an example. For many walk of whom I have told you often, and now tell you weeping, that they are the enemies of the Cross of Christ; whose end is destruction, whose God is their belly, whose glory is their shame; who mind earthly things. But our conversation is in heaven.

Col. 3. 1, 2, &c. If ye then be risen with Christ, seek those things which are above, where Christ sits at the right hand of God. Set your affection on things above, not on things on the earth; for ye are dead, and your life is hid with Christ in God. Mortifie therefore your members which are upon the earth, inordinate affection, evil concupiscence, and covetousness, which is idolatry; for which things sake the wrath of God cometh upon the children of disobedience.