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A94135 The Jesuite the chiefe, if not the onely state-heretique in the world. Or, The Venetian quarrell. Digested into a dialogue. / By Tho: Swadlin, D.D. Swadlin, Thomas, 1600-1670. 1646 (1646) Wing S6218; Thomason E363_8; ESTC R201230 173,078 216

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can be no seemlie thing to make the Church of God lesse free in the Reigne and Government of Christian Princes then shee was in Pharohs time Let us now see and examine the reasons which you bring for proofe of your first Proposition For you pretend and alledge That Exemption of Ecclesiasticall Persons and their Possessions is onelie established and granted by mans Law and that your opinion in that point is more conformable to sacred Scripture to the holy Doctors and to the Histories of the Church then the contrarie opinion Orthodox You demand the reasons of my Doctrine in verie good time H●trodox For in truth we are now come to the golden Key that opens the Closet and Cabinet of my Catholique Doctrine Howbeit Sir before I shall alleadge proofes of his Doctrine First it will be needfull to declare by certaine Propositions in what points your opinion d●ff●●s from theirs who are commonly cited under the name of Heretiques which to be plaine i● likewise my opinion 1. There is a great difference betweene these two termes not Subject and exempt For the man is not subject unto any Prince Propositions fore●aid for grounds of the defence following over whom the power of the said Prince doth not extend and stretch Take this for Example An English man usually and commonly dwelling in England is not subject unto the French King For the French Kings power extends not over the English who have their common habitation in the Realme of England But in case an English-man dwelling in England shall not obey the King of England and his Lawes and shall not be conformable to the Statutes of England it must not be said that he is a Refractory because he is not subject unto the King of England but because he is exempted either by Almighty God the Lord of all or else by the King of Englands most Royall and gracious Priviledge So that whereas I affirme that Ecclesiastick Exemption and Immunitie is not in force de Jure divino by Gods Law my meaning is not in Ecclesiasticall and Spirituall causes cases or delicts For in cases of that nature and kind we cannot say that Clerics are excempt from the power of their lawfull and naturall Pri●ce but we onely pronounce they are not subject unto the said Prince Then it remains that my meaning is in such Goods in such Causes in such Delicts as properly fall within the termes of Princely power not only to take due cognisance thereof but also to set and appoint due order in the same and what can such things but meerely Temporall and Politicall matters This hath begot and bred the Errour in some writers and your Error Hetrodox in particular In that whereas I contend that Clerics are not exempt from the power of their Naturall Prince by Gods Law you in all hast inferre thereupon Ergo Princes have power to make Lawes for saying Masse and for the marriage of Priests Certes Hetrodox this consequence hath no weight like a scive that holds no water they are not exempt from Temporall Power Ergo in Spirituall Delicts and causes they are subject Such equivocating Arguments of double sense and construction which are and ever have beene the precipitating of many simple spirits into erroneous conceipts ought by all meanes in so grave and weighty a subject both carefully and curiouslie to be avoided When I therefore speake of Exception Exemption and Immunitie from Secular power I must of necessity be conceived and taken to meane in such Causes in such Goods and in such Delicts wherein without all priviledge both Divine and Humane of God or man a man should of necessitie be subject unto the Secular Prince 2. There be foure opinions laid to the charge of Heretiques and rejected in this Argument as condemned and cursed with Bell Booke and Candle The Fathers of the first opinion are Marsilius of Padua and Jandunus These are charged and challenged by some to teach that Christ paid Tribute Necessitate coactus as one enforced by necessitie The next is Calvins opinion He dreames that Clerics are subject unto the Temporall Prince Ex debito in all Causes except onely such as are meerely Ecclesiasticall The third opinion calls Peter Martyr father He makes no bones to p●ofesse that it rests not in the hands it lyes not in the power of Princes to grant any such Priviledge of Exemption unto Clerics and in case they shall grant any such Priviledge they shall run into the snares of sinne because every such Grant is repugnant and contrary to Gods Law The fourth is the opinion of Brentius and Philip Melancthon they contend that Clerics are subject unto the Secular Prince even in causes meerly Ecclesiasticall All this verbatim is taken out of Card. Bellarmine Lib. 1. cap. 28. de Clericis It was therefore either out of affected Ignorance or else out of Supine Malignitie that one hath charged my Doctrine to be sprinkled or dipt in Brentianated Calviniated and Marsilianated holy water For I neither affirme with Marsilius of Padua if neverthelesse Marsilius was culpable of any such condemned opinion that our Lord Christ paid tribute as enforced by necessity but onely to shun the rocke of giving scandall Neither doe I teach with Calvin that in all Causes and Criminall Delicts Clerics are subject and ought so to be but in such onely wherein they have not beene exempted which Exemption stands not in force by Gods Law but by Princes Priviledge Neither doe I contend with Peter Martyr that Princes can grant no such Exemption but rather the contrarie that such Exemption may be granted Neither doe I lastly maintaine with Brentius that Clerics are subject in Spirituall Causes For I distinguish the two Powers the Temporall and the Spirituall And when I speake of Subjection or Exemption of Clerics I speake onely in Temporall matters over which the said power extends and stretches out her mighty arme and not in meere Ecclesiasticall matters and Spirituall save onely by Accident 3. My opinion is this that Clerics are not exempted from the power of Secular Princes by Gods Law but onely by Princely Priviledge either expressed or at least in tacite grant I mean after Canons lawfully published received as also after many laudable and approved Customes for such purpose Now that my Doctrine herein is Catholique it is confest by Cardinall Bellarmine himselfe in the place last cited For in his last Edition he holds that Exemption is by Gods Law forgetting by like what he had taught like a Doctor out of his Chaire in his other Bookes to the contrary of the same subject As where he writes of Medina and Conarruuias two Catholique Authors and both of them resolute in my true opinion for this point For he takes them downe in a round Censure terming them bold and hardy speakers in these words Sed operae pretium erit C de Restit q 15. ad eas objectiones breviter respondere quas Didacus Conarruuias Joannes Medina