NO. VI 120 Definition of ecclesiastical liberty in the modern sense. APPENDIX. communication." To complete the definition of ecclesiastical liberty, this decretal was not to be passed by, which is not indeed concerning the right of exemptions, but adds as it were the last hand to the prerogative of the clergy; for if all laymen, of what dignity or degree soever, may be condemned to eternal flames for things of so little moment, what else have they to take care of, from the lowest to the highest, besides this one thing, by what means they may be able to pacify the clergy? And in my opinion they will be able to do this, if they submit to them in all things, be slaves to their will, and allow them liberty to determine as they please concerning their affairs. That Boniface by that canon intended thus much none will deny. From what we have hitherto said we at last infer that his error will not be far different from the opinion of the modern doctors of the pontifical law, who shall frame this, whether description or definition of ecclesiastical liberty: "Ecclesiastical liberty is a certain right primarily indeed adhering to the pope of Rome, by which he obtains the dominion of all the world; but secondarily to ecclesiastics, by which they are jointly and severally exempt, themselves and their goods, from all subjection, jurisdiction, and power of all princes; and laics are rendered obnoxious to them for all kinds of services." Though this definition be not perfect in all its parts, which we do not promise, yet it sufficiently explains the force of that, which by the moderns and men of the last ages is called the liberty of the Church. Now therefore it remains to be enquired, at what time, by what endeavours, and by whom this liberty was brought into the Church; then we will consider the chief reasons which are wont to be alleged by the patrons of it, and also briefly shew how dangerous a thing both to the Christian Church and State such a licentious liberty is. CHAP. II. WHAT, AND OF WHAT KIND THE LIBERTY OF THE ANCIENT CHURCH WAS, DE LIB. ECCL. CHAP. IL SECT. I. HAVING explained the various measures of that liberty CASAUBON which is wont to be called Christian or ecclesiastical, before I undertake to shew what kind of liberty particularly every age of the Church used, I think it necessary in a few words to compare the sacerdotal power with the civil: for the State also has its liberty, which how it differs from that of the Church, will evidently appear from this comparison. Therefore that in an argument of so large extent I may not wander farther than is necessary for my purpose, I will lay down certain theorems, or (as they speak in the schools) conclusions, comprehending the virtue and rights of each power, and add a brief explication and proof to each theorem. I. The Church and the State differ sometimes both in reality and conception; sometimes in conception only. What Optatus Milevitanus said, that "the Church is in the State," is indeed most true, but wants explication: for sometimes the Church is so in the State that it has its peculiar interests wholly separate from those of the State; which was the condition of the Church in her infancy, before the doctrine of salvation had subdued the stubborn minds, and overcome the obstinacy of the infidels. Sometimes the Church is so in the State that it is in some respect the State itself, as it then happened, when the darkness of the pagan errors being dispelled, the profession of Christianity was generally embraced by all: for from that time the people which constitute the State were also the Church: but that for a different reason and end, as will be shewn presently. So that they are the same in some respect, and not the same. Authors here do not always observe the propriety of words, but either ascribe those things to the State which * [Non enim Respublica est in Ecclesia, sed Ecclesia in Republica est.- -S. Optat. Milev. de Schism. HICKES. R NO. VI. 122 The Church and State distinct: in their ends; APPENDIX. belong to the Church, or those to the Church which appertain to the State. In a synodical Epistle to Lewis king of France, son of Charles, the king himself is styled "Ruler of the holy Church of God." But the king is not properly ruler of the Church, but of the State chiefly and primarily, and of the Church as it is a part and appendage of the State but there and elsewhere frequently the king is called "Defender of the Church," and that properly. [Orig. προηγου μένως.] [Orig. катпако λούθημα.] II. In every society, which has different ends, the same persons may in different respects both be superiors and subjects. Societies set up by men, whether private or public, have sometimes one single end, sometimes more. When passengers go on board a vessel to cross the seas, or pass over a river, they are understood to have entered into a tacit society, the only and simple end of which is their passage. When a regiment of marines embark to fight with an enemy, here is a two-fold society, and a double end as they are all passengers, they are in subjection to the captain of the ship; as soldiers, to their proper officer, who himself, in respect of the governor of the ship, is only a passenger, and his as well as all their safety depends upon the skill and art of him that sits at the helm; and yet he also, with regard to military command, is subject to the colonel of the regiment, and obeys his orders. Now the Church and State have the resemblance of a ship, and are frequently represented by the ancients under that similitude. Before the gospel was received the State had only one end, which was to spend this life with as much convenience and reputation as was possible, that being the end for which nature incited men to institute societies. Aristotle sometimes calls it aνтáρκeια2, as much as to say, a sufficient plenty of all things; sometimes the good of mankind, which consists in the fruition of those endowments of the body and mind, of which nature framed man fit to participate in this life I say in this life, because the primary end of civil [Gloriosissimo et Christianissimo imperatori Carolo augusto veræ religionis rectori, ac defensori sanctæ Dei ecclesiæ, una cum prole sua... gratias agimus Deo Patri omnipotenti, quia sanctæ ecclesiæ suæ tam pium ac devotum in servitio Dei concessit habere rectorem.-Conc. Mogunt. (A.D. 813) Præfat. Concilia, tom. ix. col. 328, B, C.] Z [Aristot. Polit. i. 2. 8, sqq.] DE LIB. CHAP. II. SECT. II. in their condition, constitution, and governors. 123 instruction extends no farther. But there is besides another CASAUBON good of mankind, for the participation of which, since God had first created man fit, and he lost that fitness by his own fault, by the inestimable benefit of our Saviour Christ he has recovered the same fitness, and indeed more effectually. That good is the blessed state which is reserved for good men in the next life, to the hope of which, what we style the Church in the world and within the State, is called by the voice of Christ Himself. As the end for which civil society is instituted is the obtaining of human good; so the worship of God, and our preparation for future happiness, is the end of instituting a Church; nor are the Church and State distinguished only by their different ends: but also by their condition, constitution, and government. The State is in this world, as in its own lawful country; seeks riches, and all the necessaries of this life, procures itself power, and promotes its own ends as far as it can: for in that men commonly think the good of mankind, now mentioned from Aristotle, consists. The Church, "following the prize of Phil. 3. 14. the high-calling," as the Apostle speaks, and incessantly turning all its hopes and thoughts to the fruition of a better life, does not enjoy earthly goods, but only uses them; nor dwells in this world as in its own country, but sojourns in it as a stranger or foreigner, not as a citizen. Hence the fathers often call the Church by another name, the "city of God" for it has its "conversation (franchises and freedom) [Orig. Toλίτευμα.] in heaven," as the same Apostle speaks; and the Church has Phil. 3. 20. learned of Christ her King to say, "my kingdom is not of John 18.36. this world." This diversity, which is so great, does also require different governors: they who govern the Church are by a common name styled priests (or bishops), and they princes who rule the State. The different duties of these governors depend on the difference of the ends now mentioned, and on the diversity of the subject matter about which they are conversant. For, as Synesius says, "the political faculty is conversant about matter," that is, about human and worldly [Orig. ὕλην.] NO. VI. 124 Distinct offices of ecclesiastical and civil rulers; APPENDIX. things, or (as divines use to speak) about secular affairs. "The priesthood," says the same author, is conversant "about God," that is, divine matters, or at least about human, as they are joined with divine. Whatever therefore appertains to things divine, is properly under the priest's jurisdiction; and on the contrary, all things that belong to the public estate, or to the goods, interests, and advantages of private persons, are under that of the prince. And because the Church is in the State, as a part in the whole, therefore its defence and preservation will so much the more belong to the duty of the prince as this is the more noble part of the State, and as it is of more concern, that this be preserved and defended. Lastly, (saith heb,) in things merely divine, the priests obtain a plenary power, the prince must be one of their flock: but in civil affairs the priest by common right shall be ranked with the rest of the people, unless by the prince's favour any privileges or prerogatives of honour are indulged to him. Hence it necessarily follows, that a Christian prince is subject to the sacred laws and canons of the Catholic Church, and a priest to the civil and political laws. This is the doctrine and opinion of Pope Gelasius, who about the year of our Lord 412, succeeded Felix in the administration of the apostolic see for thus he writes to the Emperor Anastasius; "There are two things, great emperor, by which chiefly this world is governed, the sacred authority of the bishops and the regal power; in which the burden of the bishops is so much the more weighty, as in the divine inquest they are to give an account to our Lord, even for kings themselves: for you know, most gracious son, that though in dignity you preside over mankind, yet you devoutly submit yourself to those that preside in divine matters, and desire of them the means of your salvation; and in the participation of the heavenly Sacraments, and in the due dispensation of them, you know that by the order of religion you ought to be subject rather than to preside. You know therefore, that with respect to these things you depend upon their judg ment, and that they must not be brought to your will: for |