The buckler of the faith: or, A defence of the confession of faith of the reformed churches in France, against the obiections of M. Arnoux the Iesuite Wherein all the principall controuersies betweene the reformed churches and the Church of Rome are decided. Written in French by Peter du Moulin minister of the word of God in Paris: and now translated into English.

Of the exemption of the Clergie.

[Sect. 39] The Councell of Constance in the 31 Session, declareth, that the Laitie (that is, Kings and Princes) haue no iuris∣diction nor authoritie ouer Clergie men. The Councell of Trent in the 25 Session and 20 chapter saith, that** The ex∣emption of ecclesiasticall persons was instituted by the ordi∣nance of God, and by canonicall constitutions. Bellarmine in his booke of Clerkes, 28. chapter, saith,*** That Clerks may not be punished by the ciuill Iudge, nor by any meanes be brought before the iudgement seates of secular Magi∣strates.

And in the same place he saith, The soueraigne Bishop hath exempted Clerks from the subiection of Princes, & therefore Kings are no more Soueraignes ouer Clerks. And if our Kings and their Courts of Parlament do reserue any iurisdiction to themselues ouer the Clergie, as Appeales, their regall right vpon vacant Benefices, tythes, and the patronage of certaine Benefices, then the Clergie rage, and cry out, and say, that they violate the liberties of the Church. For the li∣bertie which Iesus Christ obtained for the Church, which consisteth in her deliuerance from the ceremonies of the Law, and in her deliuerance from the seruitude of sinne and the diuell, at this day is conuerted into an exemption from all subiection to Magistrates, and into franchises and temporall immunities. And if the Magistrate taketh any knowledge of a crime committed by any Clerke, and layeth hand on him to punish him, (as not long since it happened in Venice,) it is enough to thunder downe an Estate, and to threaten a Com∣monwealth to interdict it. And not to seeke for more proofes of so, manifest a thing, the Pope yearely on maundy Thursday, thundreth an excommunication against Kings & Magistrates that shall take any knowledge of Ecclesiasticall causes and crimes, or that shall raise any tythes of the Clergie. This is it which it called the Bull De coena Domini; where in all cases reserued to his Holinesse are orderly set downe.

These exemptions are a great preiudice and weakening to our Kings; partly in respect of the multitude of persons that are withdrawne from the obedience of the King, which haue their Iudges and their prisons apart, and their causes are car∣ried to Rome by Appeale: and partly in regard of their goods and possessions; for the Clergie possesseth the third part of France, and the goodliest peeces of ground and houses, vpon which the King loseth his right. For a foeffe escheating to the possession of the Clergie falleth into a Mortmaine, and oweth no more personal serucie to the King, to aide him in his neces∣sitie: and in case of high treason, his goods cannot be con∣fiscate, nor his person punished, if it pleaseth not the Bishop to degrade him, that he may become a lay man, and so punish∣able

by secular power. By this meanes the Pope hath erected an Estate temporall for himselfe in the middle of the Estates of Christian Kings. From thence it proceedeth that our Kings, in a great kingdome, raise small armies, and that the Clergie waxe fat, and the Nobilitie & the third estate become poore, as the armes and the legs waxe weake, when the belly swel∣leth with excesse. Which maketh the head (which is the so∣ueraigne Prince) draw the lesse seruice from them. Therefore it is not without cause that many yeares since Ecclesiasticall persons haue hidden the Scripture from our Kings, because it speaketh so expresly touching this matter.

1. In the old Testament the Priests and the Leuits were subiects to Kings. It was not in the high Priests power to punish Leuites with corporall or pecuniarie punishment.

2. King Dauid in the first chapter of the first of Kings cal∣leth Sadoc the high Priest and Nathan the Prophet, his ser∣uants, saying, Take with you the seruants of your Lord, and let Sadoc the high Priest and Nathan the Prophet annoint him there King ouer Israel.

3. In the second chapter, verse 26. King Salomon putteth Abiathar from the office of high Priest, and confineth him to Anathoth. And the actions done in the beginning of Salo∣mons reigne are generally commended, in the third chapter, verse 3.

4. In the 17. of Saint Matthew Iesus Christ payed tribute, and Saint Peter with him. It cannot be said that he did it for feare, seeing he had power enough to exempt himselfe from it. It is true that being of the royall race, he had bene exempted frō paying tribute, if he had bene acknowledged in that qua∣lity, as he himselfe saith in that place, That the children of Kings are free. But knowing that he could not alledge his royall descent to the collectors of tribute without offending them, he subiected himselfe thereunto, in that giuing vs an exam∣ple to conforme our selues to do the like.

5. He himselfe appeared before Pilate, as before his law∣full Iudge, and to whom that power was giuen from aboue, Ioh. 19.11.

6. The Apostle Saint Paul appealeth to Caesar, and not to Peter. Which he did not for feare, for he would not by feare or by fraud preiudice the right of the Church: for Saint Luke Acts 23.11. witnesseth, that he did it by the motion of the Spirit of God, the Lord appearing vnto him in the night. Wherefore Bellarmine much wrongs himselfe, to say, that S. Pauls cause was for a point of religion, the knowledge whereof appertained not to the Magistrate. For in Acts. 24. Tertullus accused Paul to haue raised sedition, and Saint Paul 25.8. defendeth himselfe by alledging, that they accused him to haue offended Caesar.

7. The Apostle Saint Peter in his first Epistle writeth to all the faithfull, and by consequence to Pastors of the Church. And therefore to them it is that in the 2.13. he saith, Submit your selues to euery ordinance of man, for the Lords sake, whether it be to the King as supreme; or vnto gouerners, as vnto them that are sent by him.

8. But Saint Pauls words, Romans 13.1. are most expresly set downe to that end, where he saith, Let euery soule be subiect vnto the higher powers, for there is no power but of God, the powers that be are ordained of God. Whosoeuer therefore resisteth the power, resisteth the ordinance of God. And to the end lest some Sophister should thinke to auoide this, by saying, that Clerkes or spirituall persons are subiects to the Pope, and that he in respect of them is the superiour power; the same Apostle in the 4. and 6. verses sheweth that he speaketh of the power which beareth the sword, and whereunto tribute is payed. For then, & long time after that, there was no superiour powers which bare the sword, and to whom men payed tribute, but the power of secular Princes. The interlineat Glosse confes∣seth it, where vpon these words, Potestatibus sublimioribus, the Glosse saith, Id est, saecularibus bonis & malis. And it is to be noted, that then Nero reigned, a Pagan Emperour, who as he was the greatest, so he was the wickedest of all men, & a per∣secutor of the Church, to whom neuerthelesse S. Paul would haue Christians yeeld obedience. Therfore Chrysostome in his 23. Homilie vpon the Epistle to the Romans, expoundeth that

place in this manner, saying: He commandeth that to all men, both to Priests and cloyster men, and not onely to secular persons: yea although thou art an Apostle, or an Euangelist, or a Prophet, or whatsoeuer thou art.

9. And to the end that men should not say, that feare of punishment, or present necessitie drew those words from the Apostle, he saith that we must be subiect to the higher po∣wers, Not onely because of wrath, that is, not onely because we are afraid to offend the Prince, But also for conscience sake. And in the second verse he saith, Whosoeuer therefore resisteth the power, resisteth the ordinance of God.

10. It is either in despite or in mockerie, that Bellarmine in the 28. chapter of his booke of Clerkes, for the exemption of Clerkes, alledgeth an example of the Egyptian Priests that were not constrained to sell their lands through pouerty, as the other Egyptians were. For, doth it from thence follow, that their lands and possessions were exempted from tallages or tributes? And say they had bene so, may a Pagan example serue for a law in the Church of God?

11. Reason also is most euident therein. For is it reaso∣nable that the King should pay souldiers that go to warre, and that he should fortifie the frontiers of his kingdome, to the end that Clerks and spirituall persons may sleepe securely, and that they should not contribute something towards his charge?

12. And being borne French men, and subiects to the King, why should that naturall subiection be defaced by their shauing? Or who can suffer that a French man borne in France, of French parentage, should not be subiect to the King of France? and that in temporall things he should ac∣knowledge another Soueraigne out of the Realme? and so be exempted from the commandement, vnto which God in his word bindeth all Christians?

13. This also is clearer then the day, that Christian reli∣gion doth not depriue any man of his goods, nor of that law∣full power which he had before he was conuerted to the faith. All men confesse that while King Clouis reigned, and

was a Pagan, and all men generally were subiects vnto him, in all the countries contained within his kingdome. Then why should his conuersion to the faith depriue him of a part of his power, and exempt a part of his subiects (that is, spiri∣tuall persons) from being punishable by secular Iudges?

14. And seeing that the soueraigne Prince ought to fore∣see as much as possible he may, how to preuent all disorders that happen in his Realme, how can he do it, if one part of those that liue in his Realme, and which possesse great wealth, are not subiects vnto him? Shall he without remedie therein taken, suffer certaine Clergie men to corrupt the good man∣ners of his subiects? or that they should haue secret intelligēce with strangers? or that they should cōspire treason against his life, or against his State? And if a Bishop being accessarie to the same crime, will not degrade a Clerke, shall he go vnpu∣nished?

15. The examples which Bellarmine produceth to defend this cause, sufficiently shew what we may iudge of these ex∣emptions. For in that the Pope separateth marriages and exempteth children from the obedience of their parents, he inferreth that he may also exempt Clerkes from due obedi∣ence to their soueraigne Princes. That is to say, that the Pope may disanull the rule of Saint Mathew 19.6. which saith, What therefore God hath ioyned together, let no man put a∣sunder: And exempt children from the commandement of God, which saith, Honour thy father and thy mother, &c: And, Children obey your parents in all things, for that is well pleasing vnto the Lord, Coloss. 3.20.

16. To say that Clergie men haue receiued these priui∣ledges from the liberalitie & courtesies of Princes, is to con∣tradict the Pope & Bellarmine, who maintaine that the Pope hath exempted Clerkes from this subiection, and that he may do it without asking counsell of any Prince. You must also know, that as a father cannot exempt his sonne from obeying the commandement of God, who will haue children to ho∣nour their fathers and mothers, by obeying them; so a Prince cannot exempt one part of his subiects (as long as they dwell

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in his realme) from subiection to punishment for their faults, seeing that subiection is ordained by the word of God.

17. To say that Clerks ought voluntarily to subiect them∣selues to the lawes and gouernments of Magistrates, but if they do otherwise, that they may not be punished by the Ma∣gistrate, is as much as if a man should say, that lawes are no lawes to them. A law without punishments added thereunto, is onely a counsell. It is a commandement with a condition to do nothing, vnlesse we will our selues. Men ordinarily dis∣obey lawes, notwithstanding prescribed punishments: how much more then will they disobey them when they feare not to be punished?

Notes

• Laici in clericos nullā habent iuris∣dictionem & potestatem.
• **

  Persona∣rum Ecclesi∣asticarum im∣munitas Dei ordinatione & canonicis sanctionibus instituta est.
• ***

  Clerici non possunt à Iudice politico puniri, vel vllo modo trahi ad secularis magistratus tribunal.
• Summus Pontifex cle∣ricos exemit à subiectione Principum, nō sunt amplius Reges Clerico∣rum superiores
• Cap. 3. in Barkl.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.