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 ...

RULE VIII. The supreme Civil power is to govern in Causes Ec∣clesiastical by the meanes and measures of Christ's institution, that is, by the assistance and ministeries of Ecclesiastical persons.

KIngs are supreme Judges of the Law;* 1.1 for cujus est loqui ejus est interpre∣tari, He that speaks, best knows his own meaning: and the law-giver is certainly his own best interpreter. But in cases where there is doubt, the supreme Civil power speaks by them whose profession it is to under∣stand the laws. And so it is in religion. The King is to study the law of God; nec hoc illi dictum ut totus ab alieno ore pendeat, ipsequi à se nihil dijudicet,* 1.2 said that learned Prelate of Winchester, not that he should wholly depend in religion upon the sentences of others, but be able of himself to judge. But where there is difficulty, and that it be fit that the difficulty be resol∣ved, there the supreme Civil power is to receive the aid of the Ecclesiastic, from whose mouth the people are to require the law, and whose lips by their

office and designation are to preserve knowledge. The Doctors of the Jews tell that when Jephthah had made a rash vow, he might have been re∣leas'd if he had pleas'd: For if a horse had first met him, he had not been bound to have offer'd it to God; but it must have been sold, and a sacrifice be bought with the price; and much more must a man or a woman have been redeem'd. But because Jephthah was a Prince in Israel, he would not goe to Phinehas the high Priest to have had his vow interpreted, commu∣ted, or released. Neither would Phinehas goe to him, because he was not to offer his help till it was implor'd. Phinehas did not goe to Jephthah, for he had no need, he had no businesse: and Jephthah would not goe to Phinehas, because he was the better man. In the mean time the Virgin died, or, as some say, was kill'd by her Father: but both Prince and Priest were punished, Jephthah with a palsy, and Phinehas was depriv'd of the Spirit of God. For when the Prince needs the Priest he must consult him; and whether he consults him or no, the Priest must take care that no evil be done by the Prince, or suffer'd by him for want of Counsel.

But the Princes office of providing for religion,* 1.3 and his manner of doing it in cases of difficulty are rarely well discours'd of by Theodosius the younger in a letter of his to S. Cyril, of which I have formerly mentioned some portions….. Pietatis doctrinam in sacra Synodo in utramque partem ven∣tilatam eatenus obtinere volumus quatenus veritati & rationi consentaneum esse judicabitur, The doctrine of godlinesse shall be discuss'd in the sacred Council, and it shall prevail or passe into a law so far as shall be judg••d a∣greeable to truth and reason. Where the Emperour gives the examination of it to the Bishops to whose office and calling it does belong: but the judg∣ment of it and the sanction are the right of the Emperor, who would see the Decrees should be established if they were true and reasonable. The judgement I say was the Emperors, but in his judgement he would be ad∣vised, taught and established by his Bishops. Sed nec eam doctrinam indis∣cussam patiemur; cui dijudicandae eos praefici oportet qui sacerdotiis ubivis gen∣tium praesident, per quos & nos quoque in veritatis sententia stabilimur, & magis magisque identidem stabiliemur, That doctrine that is in question we will not suffer to escape examination; but those shall be presidents of the judg∣ment who in every Nation are the appointed Bishops, by whom we also our selves are confirmed in the true Religion, and hope every day to be more and more established.

When the supreme power hath call'd in the aid and office of the Ec∣clesiastic,* 1.4 good Princes use to verify their acts accordingly, to establish their sentences, to punish the convict, to exterminate heretics and suppresse their doctrines. Thus Honorius and Arcadius the Emperors by an Edict repres∣sed Pelagius and Caelestius whom the Bishops had condemn'd; Constantine after the sentence of the Nicene Fathers against Arius, banish'd him. Theo∣dosius the Elder having diligently conferr'd with the Orthodox Bishops, and heard patiently what the others could say,* 1.5 by a law forbad them to have publick assemblies who denied the Consubstantiality of the Son with the Father. Per Consilium Sacerdotum & Optimatum ordinavimus, constitui∣mus, & diximus; it was the style of King Pepin in the Council of Soissons. And of this nature the instances are very numerous. For semper studium fuit Orthodoxis & piis Imperatoribus pro tempore exortas haereses per con∣gregationem religiosissimorum Archiepiscoporum amputare, & rectâ fide sin∣cerè

praedicata in pace sanctam Dei Ecclesiam custodire,* 1.6 said Theodorus Silen∣tiarius. All the pious and orthodox Emperors did use this instrument and manner of proceeding, for the cutting off heresies, and the sincere pub∣lication of the faith, and the conservation of the Church in peace.

But that this manner of Empire may not prejudice the right of Em∣pire,* 1.7 it is to be observed that in these things the Emperors us'd their own liberty, which prov'd plainly they us'd nothing but their own right. For sometimes they gave toleration to differing Sects, sometimes they gave none; sometimes they were govern'd by zeal, and sometimes by gentle Counsels, onely they would be carefull that the disputes should not break the publick peace: but for their punishing Recusants and Schismatics they us'd their liberty; so we find in the Acts of the great Ephesin Council, that Theodosius the 2^d resolv'd of one, but not upon the other. At vero sive illi veniam impetraturi sint qui à Patribus victi discedent, sive non, nos sanè civitates simul & Ecclesias conturbari nequaquam sinemus, Whether those who are convict of heresy by the Fathers shall be pardon'd yea or no, yet we will be sure not to suffer the Repu••lick or the Churches to be disturbed.

This I observe now in opposition to those bold pretences of the Court of Rome,* 1.8 and of the Presbytery, that esteem Princes bound to execute their decrees, and account them but great ministers and servants of their sentences. Now if this be true, then Princes must confirm all that the Clergy decrees: If all, then the supreme Prince hath lesse then the meanest of the people, not so much as a judgement of discretion; or if he have, it is worse, for he must not use his discretion for the doing of his duty, but must by an implicite faith and a blind brutish obedience obey his Masters of the Consistory or Assembly. But if he be not bound to confirm all, then I suppose he may chuse which he will, and which he will not: and if so, it is well enough; for then the supreme judgment and the last resort is to the Prince, not to his Clercs. And that Princes are but Executioners of the Clergyes sentences is so far from being true, that we find Theodosius refusing to confirm the Acts of the great Ephesin Council: for having been informed (though falsely) that affaires were carried ill,* 1.9 he command∣ed the Bishops to resume the question of the Nestorians: for their acts of condemnation against them he made null, and commanded them to judge it over again, and that till they had done so, they should not stirre to their Bishopricks. The ministery was the Bishops all the way, but the external judgement and the legislative was the Princes.* 1.10 So Charles the Great re∣form'd the Church, Episcopos congregavi, &c. I convocated the Bishops to counsel me how Gods law and Christian religion should be recover'd. There∣fore by the counsel of my Religions Prelates and my Nobles we have appointed Bishops in every City, and Boniface their Archbishop, and appoint that a Synod shall be held every year, that in our presence the canonical decrees and the rights of the Church may be restor'd, and Christian religion may be reformed. But because this must be evident as a consequent of all the former discourses upon this question; it will be sufficient now to summe it up with the testi∣mony of S. Austin writing to Emeritus the Donatist.* 1.11 Nam & terrenae po∣testates cum schismaticos persequuntur eâ regulâ se defendunt, quia dicit Apostolus, Qui potestati resistit, Dei ordinationi resistit…. Non enim frustra gla∣dium portat, When the Civil power punishes Schismatics they have a warrant from an Apostolical Rule, which sayes, He that resists, resists the ordinance of

God: For they bear not the sword in vain. It is not therefore by a commis∣sion or a command from the Church that they punish Schismatics, but [con∣stituunt adversus vos pro sua sollicitudine ac potestate quod volunt] they decree what they please against them according to their own care and their own power.

So that when it is said that Princes are to govern their Churches by the consent and advice of their Bishops,* 1.12 it is meant not de jure stricto, but de bono & laudabili: It is fit that they doe so, it is the way of Christs or∣dinary appointment; He that heareth you heareth me: and to them a command is given,* 1.13 to feed all the flock of Christ. In pursuance of which it was a fa∣mous rescript of Valentinian the first, cited by S. Ambrose, In causa fidei vel Ecclesiastici alicujus ordinis eum judicare debere qui nec munere impar sit, nec jure dissimilis. These are the words of the rescript: that is, he would that Bishops should judge of Bishops; and that in causes of faith or the Church their ministery should be us'd, whose persons by reason of the like imploy∣ment were most competent to be put in delegation. But to the same pur∣pose more of these favourable Edicts were made in behalf of the Church by Theodosius and Valentinian the second,* 1.14 by Arcadius, Honorius and Justi∣nian: and indeed besides that it is reasonable in all cases, it is necessary in very many; because Bishops and Priests are the most knowing in spiritual affaires, and therefore most fit to be counsellors to the Prince, who often∣times hath no great skill, though he have supreme authority. I remem∣ber that when Gellius the Praetor was sent Proconsul into Greece,* 1.15 he observ'd that the Scholars at Athens did perpetually wrangle and erect schools against schools, and divided their philosophy into Sects; and therefore sending for them, persuaded them to live quietly and peaceably, and to put their que∣stions to reference or umpirage, and in it offerr'd his own assistance: but the Scholars laught at his confident offer to be a moderator in things he un∣derstood no more then his spurres did. He might have made them keep the peace, and at the same time make use of their wit and his own autho∣rity. And although there may happen a case in which Princes may, and a case in which they must refuse to confirm the synodical decrees, sentences and judgements of Ecclesiastics: yet unlesse they doe with great reason & upon competent necessity, they cannot doe it without great scandal, and sometimes great impiety. But of this I shall discourse in the next Chapter. For the present, I was to assert the rights of Princes, and to establish the proper foundation of humane laws; that the Conscience may build upon a rock, and not trust to that which stands upon sand, and trust to nothing.

I have been the larger upon these things because the adversaries are great and many,* 1.16 and the pretences and the challenges high, and their oppo∣sition great and intricate, and their affrightments large; for they use some∣thing to perswade and something to scare the conscience. Such is that bold saying of Pope Leo the x^th,* 1.17 A jure tam Divino quam humano laicis potestas nulla in Ecclesiasticas personas attributa est, Both by Divine and humane laws Ecclesiastics are free from all secular power. But fierce and terrible are the words of the Extravagant Unam sanctam. Porro subesse Romano Pontifici omnem humanam creaturam declaramus, dicimus, definimus & pronuncia∣mus omnino esse de necessitate salutis, That every man should be subject to the Bishop of Rome, we define, we say, we declare and pronounce to be alto∣gether necessary to salvation. This indeed is high; but how vain withal

and trifling and unreasonable I have sufficiently evidenc'd. So that now the conscience may firmly rely upon the foundation of humane laws, and by them she is to be conducted not onely in Civil affaires, but in Ecclesiasti∣cal, that is, in religion as well as justice: and there is nothing that can pre∣judice their authority, unlesse they decree against a law of God; of which because Ecclesiastical persons are the preachers and expositors by ordinary Divine appointment, Princes must hear Bishops, and Bishops must obey Princes: or because audire & obaudire to hear and to obey have great affini∣ty, I chuse to end this with the expression of Abbot Berengar almost 1100 years agoe,* 1.18 Sciendum est quod nec Catholicae fidei nec Christianae contrarium est legi, si ad honorem regni & sacerdotii Rex Pontifici & Pontifex obediat Regi, It is neither against the Catholic faith nor the Christian law that the Prince obey the Bishop, and the Bishop obey the Prince: the first is an obedience of piety, and the later of duty; the one is justice, and the other is religion.

Notes

• * 1.1

  1.
• * 1.2

  Tortur. Tort.
• * 1.3

  2.
• * 1.4

  3.
• * 1.5

  Sozom. l. 7. c. 12.
• * 1.6

  in 5^ta Synod. Constant.
• * 1.7

  4.
• * 1.8

  5.
• * 1.9

  apud Acta Con∣cil. Ephes. in liter. Theod. ad Synod.
• * 1.10

  apud Surium die 5. Jun.
• * 1.11

  Epist. 164.
• * 1.12

  6.
• * 1.13

  lib. 5. Epist. 32.
• * 1.14

  lib. 1. Cod. Theod. de re∣lig. Novel. Valen. de Episc. Jud. l. graviter. ibid. Novel. 89.
• * 1.15

  Cicer. lib. 1. de leg.
• * 1.16

  7.
• * 1.17

  Concil. Later∣sub Leon. 1.
• * 1.18

  lib. de Myster. sign. in Bib∣lioth. SS. PP.