Ductor dubitantium, or, The rule of conscience in all her generall measures serving as a great instrument for the determination of cases of conscience : in four books / by Jeremy Taylor ...

Question VI. Whether in the Civil affaires and causes of the Ecclesiastical power and persons the presumption ought to lie for the King, or for the Church.

This Question must suppose the case to be dibious,* 1.1 and the matter equal on both sides as to the subject matter; for else there needs to be no question, but judgment must be according to the merit of the cause: and it must suppose also that neither of them will yield, but use their own right; for if either did, themselves would make an end of the question: but when both are in pretence, and the pretence is equal in the matter and the argu∣ment, and that the cause is to be determined by favour and privilege, whe∣ther is to be preferr'd? I doe not ask which is to be preferr'd in law; for in that question, the laws and customes of a people are the rule of deter∣mination: but whether there be in conscience any advantage of presumpti∣on due to either.

To this I answer,* 1.2 that in the most pious ages of the Church the pre∣sumption was ever esteemed to lie for the Church when the Princes were Christians: and when the question is of piety not of authority, of charity not of Empire, it is therefore fit to be given to the Church, 1. Because if the Civil power takes it to it self, it is a Judge and a party too. 2. Be∣cause whatever external rights the Church hath, she hath them by the do∣nation, or at least enjoyes them by the concession of the supreme Civil pow∣er, who in this case by cession doe confirm at least, and at most but enlarge their donative. 3. Because the spiritual power is under the Kings protecti∣on, and hath an equal case with that of widows and orphans. It is a pious cause, it is the cause of the poor and the unarmed. 4. The King is better able to bear the losse, and therefore it is a case of equity. 5. The Church is a relative of God and the Minister of Religion, and therefore the advan∣tage being given to the Church, the honour is done to God; and then on the Kings side it would be an act of religion and devotion. 6. If the Civil power being judge prefers the Ecclesiastics in the presumption, it is certain there is no wrong done, and none hath cause to complain: but if it be against the Ecclesiastics the case is not so evident, and justice is not so secur'd, and charity not at all done.

And if it be thought that this determination is fit to be given by a Church-man;* 1.3 though it be no objection while it is true and reasonable, yet I endeavour'd to speak exactly to truth, and for the advantage of the Civil power, though the question is decided for the Ecclesiastics. For in such cases, as the Ecclesiastics will have advantage if they in dubious cases never

wil contend, of the Civil power will ever have the better of it if in these cases they resolve never to prevail.

Although these inquiries have carried me a little further then the first intention of the Rule,* 1.4 yet they were greatly Relative to it. But I shall recal my Reader to the sense and duty of it by the words of S. Gregory, who sayes that Christus Imperatori & omnia tribuit,* 1.5 & dominari eum non solùm militibus, sed etiam Sacerdotibus concessit, Christ hath both given all things to the Emperour, but a power of dominion not onely over the souldiers, but even over the Priests themselves. And that great wise disposer of all things in Heaven and Earth, who makes twins in the little continent of their Mo∣thers Wombe to lie at ease and peace, and the Eccentric motions of the Orbes, and the regular and irregular progressions of the starres, not to crosse or hinder one another, and in all the variety of humane actions, cases and contingencies, hath so wisely dispos'd his laws that no contradiction of chance can infer a contradiction of duty, and it can never be necessary to sin, but on one hand or other it may for ever be avoided; cannot be supposed to have appointed two powers in the hands of his servants to fight against or to resist each other: but as good is never contrary to good, nor truth to truth, so neither can those powers which are ordain'd for good. And therefore where the powers are distinct they are imployed upon several matters; and where they converse about the same matter, as in external actions and persons they doe, there one is subject to the other, and there∣fore can never be against it.

Notes

• * 1.1

  35.
• * 1.2

  36.
• * 1.3

  37.
• * 1.4

  38.
• * 1.5

  Epist. 64. ad Theodorum medicum.