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tatem tibi non solum ad mundi regimen, sed maximè ad ecclesiæ præsidium esse collatam ;" “You must diligently remember that the supreme power is given to you not only for the government of the world, but especially for the safety and defence of the church.”-Now this defence not being only the defence of guards but of laws,-not only of persons, but especially of religion,-must needs infer that kings have something more to do in the church than the court of guards hath : he defends his subjects in the service of God; he defends and promotes this service ; he is not to defend them if they disserve Christ, but to punish them, and of this he is judge and exactor: and therefore this defence declares his right and empire. “Ex quo imperatores facti sunt Christiani, res ecclesiæ ab ipsis dependisse:” so Socrates expresses this question: “Ever since the emperors became Christian, the affairs of the church have depended upon them."-They did so before, but they did not look after them: they had the power from Christ, but they wanted his grace: they owed duty to him, but they paid it not, because they had no love for him. And therefore Christ took what care he pleased, and supported it in persecution, and made it grow in despite of opposition: and when he had done this long enough to prove, that the religion came from God, that it lost nothing by persecution, but that his servants loved him and died for him,—then he called the princes into the house of Jacob, and taught them how to administer his power to the purposes of his own designment. Hence come those expressions used often by antiquity concerning kings, calling them 'vicarios Dei,'' veræ religionis rectores,' evoeßelas kaì TiOTEWS åpxnyoùç, 'the deputies of God,'' governors of true religion,' the captains and conductors of faith and godliness ;' "ad quorum curam, de qua Deo rationem reddituri erant, res illa maximè pertinebat," " for to their care religion and the church did belong, and concerning that care they were to give an account to God.”
22. Now if we descend to a consideration of the particular charges and offices of kings in relation to the church, it will not only be a mighty verification of the rule, but also will minister to the determination of many cases of conscience concerning kings, and concerning the whole order ecclesiastical. This I shall do in the following rules, which are but appendices to this.
u S. August. Ep. 166.
Kings have a legislative Power in the Afairs of Religion
and the Church. 1. This is expressly taught by St. Austin": "In hoc reges, sicut eis divinitus præcipitur, Deo serviunt in quantum reges sunt, si in suo regno bona jubeant, mala prohibeant, non solùm quæ pertinent ad humanam societatem, verùm etiam quæ pertinent ad divinam religionem ;” “In this, kings in that capacity, serve God according to the divine commandment, if in their respective kingdoms they command good things and forbid evil, not only in relation to human society, but in order to religion.”
2. The least part of this power is to permit the free exercise of it, and to remove all impediments, and to give it advantages of free assemblies, and competent maintenances, and just rewards, and public encouragements. So Cyrus and Darius gave leave and guards and rescripts, warranty and provisions and command, to the Jews of the captivity, to build the temple. So Constantine and Licinius did to the Christians, to practise their religion. Thus Hezekiah, and some other pious kings of the Hebrews, took away the offences of the people, the brazen serpent, the groves and images, the altar of Bethel, and the idolatrous services. And of these things there is little question; for the Christian princes, by their authority, shut up the temples of the heathen gods.
3. That which is yet more considerable is, that by punishments they compel their subjects to serve God and keep his commandments. That which was observed of the primitive Christians, that they tied themselves by oaths and covenants to serve God, to do justice, not to commit adultery, to hurt no man by word or deed, to do good to every man they could, to assemble together to worship Christ,that Christian princes are to secure by laws, that what men will not do by choice, they may, whether they will or no; and
* Contr. Crescon, lih, S. 51.
this is not only in things relating to public peace and the interest of the republic, but in the immediate matters of religion: such as are, laws against swearing, against blasphemy, against drunkenness, and fornication, and the like, in which the interest of souls is concerned, but not the interest of public peace. “Hoc jubent imperatores, quod jubet Christus;" and it is a great service to Christ, that the fear of men be superadded; because to wicked persons and such for whom the severity of laws was made, it often prevails more than the fear of God.
4. But that which is more than all this is, that besides those things, in which God hath declared his will, the things of the church, which are directly under no commandment of God, are under the supreme power of Christian princes. I need no other testimony for this but the laws themselves which they made, and to which bishops and priests were obedient, and professed, that they ought to be so. And this we find in the instance of divers popes, who, in their epistles, gave command to their clergy to observe such laws, which themselves had received from imperial edicts. For there are divers laws, which are, by Gratian, thrust into his collection, which were the laws of Christian princes. The canon "Judicantem ,' expressing the office of a judge in the cognizance of causes, attributed by Gratian to Pope Eleutherius, was a law made by the emperor Constantine'; and so was thata which was attributed to Pope Fabian against accusers; it is in the Theodosian code, and was made by the same prince. The canons which go under the names of Sixtusb and Adriano and Fabiand before cited, of the same title, were made by Gratian the son of Valentinian the elder: who also made the rescripts for restitution of church-goods taken from bishops, when they were forced from their sees, attributed to Pope Caius and Pope John. Theodosius the emperor
made the canonQui Ratione e' for order in accusations, which yet is attributed to Pope Damasus, but is in the Theodosian code: for thus the popes easily became lawgivers, when they adopted into the canon the laws of their princes, which by their authority prevailed beyond the memory of 13. q. 5.
2 L. 1. C. de Judic. C. Theodos. a Can. si quis iratus.
b 3. q. 6. c. 16. 17. et. 2. q. 8. C. 4. C 2. q. 3. c. 3.
d 3. q. 6. c. 1.
their first makers. The canon Consanguineos for separation of marriage within the prohibited degrees, was not the pope's, but made by Theodosius, as it is thought, at the instance of St. Ambrose : and Valentinian made the canon * Privilegia ,' for confirmation of the privileges of the church, which goes under the name of Anacletus. I could reckon divers others; for indeed the volume of the Decrees' is full of such constitutions, which the Christian emperors made; but they were either assumed by the popes or imputed to them. But that the popes, as ecclesiastics, had no authority to make laws of ecclesiastical affairs, but that the emperors had, --was sufficiently acknowledged by Pope Honorius, “ Imperator Justinianus decrevit, ut canones patrum vim legum habere oporteat;" "That the canons of the fathers became a law in the church, was by the constitution of the emperor Justinian.”- For that was all the end both of the labours of war and the counsels of peace, “ut verum Dei cultum orbis nostri plebs devota custodiat,” said Theodosius and Honorius in their letters to Marcellinus : "that our people may devoutly follow the true worship of God.”
5. Upon this account we said that Constantine, Anastasius, and Justinian, made laws concerning the expense and rites of sepulture. Gratian, Valentinian, and Theodosius, forbade dead corpses to be interred within the memorials of martyrs and apostles. Honorius appointed the number of deans in the metropolis, and the immunities of every church. Leo and Anthemius forbade alienation of church-lands. But what should I instance in particulars ? they that know not this, are wholly strangers to the civil law,-particularly the first book of the code, the Authentics, the Capitulars of the French princes, the laws of the Goths and Vandals, and indeed of all the Christian princes of the world. But the first titles of the code, ' De Summa Trinitate et Fide Catholica,'· De Sacrosanctis Ecclesiis,'. De Episcopis et Clericis,'. De Episcopali Audientia,'· De Hæreticis,'· Manichæis,''Samaritis,' • De Apostatis,’and divers other, are witnesses beyond exception. Now in this there is no exception of matter. For whatsoever is under government, is also under the laws of princes: Μηδέν άβατόν έστιν εις ζήτησιν τη βασιλεία, said Jus
[ 35. q. 6.
g 25. q. 2. Cap. 1. Ext. de Juram. Caluni.
tinian'. Nothing comes amiss to the prince, every thing is under the royal cognizance. Constantine made laws concerning festivals, and appointed what labours might, and what might not, be done upon the Lord's day; and so did Leo the emperor. Valentinian, the elder, made a law that no clergyman should receive an inheritance by the will or gift of widows and orphans, unless they were of the kindred. St. Ambrose " complains heavily of the law, and so does St. Jerome n, but confesses it was just, and procured by the avarice of some clergymen, who under cover of religion made a prey of the widows. But this decree was sent to Pope Damasus, and publicly read in the churches of Rome. And Honorius the emperor made a law concerning the election of the pope :—which two last instances I reckon to be very great, because, at Rome, now-a-days they are intolerable.
6. But if all these laws were made by emperors only by force, against right and justice, and beyond their just power, then we are never the nearer for this argument: and that it is so, Baronius ° is bold to affirm, who upon this title blames Justinian for meddling with the affairs of the church: for “Quid imperatori cum ecclesia ?” “ What hath the emperor to do with the church ?"-we know who said it. And therefore a synod at Rome under Symmachus abrogated a law, made by Basilius a deputy of King Odoacer, in an assembly of ecclesiastical persons, in the vacancy of the see apostolic, upon the death of Simplicius. Now the law was a good law, it forbade the alienation of the goods of the church; yet because it was a law made by a laic, they thought fit to annul it.
7. To these things I answer, that it matters not what Baronius says against Justinian: for Pope Adrian IV. who is much more to be credited, commends him, and propounds him as a great example imitable by all princes : and it was not Justinian alone, but very many other princes, both before and after Justinian: and therefore to ask · What hath the emperor to do with the church,'-might become Donatus (whose saying it was, and whom St. Austin 9 confuted for saying so), but it becomes not any man that loves truth and order. As for the Roman synod under Symmachus, the
Cap. de Feriis, lib. 3. et Cod. Thod. de Fer, lib. 1.
Epist. 31. lsp. 2. ad Nepotian. P Apad Radenon. in Frider. lib. 1. cap. 15. 4 Epist. 166.
i Novel. 133. 8.
o Tom. 7. A. D. 541.