Alexander excommunicated the emperor; who, being frightned, fled, for the security of his perfon, to the city of Venice, and, imploring the affiftance of the republic, they took arms, and reftor'd him to his dignity; after which, he made his peace with the Church, and the Venetians had all the honour of it. For what relates to the injuries of ecclefiaftical perfons, I find in the hiftory of Councils, which Clovis, king of France, wrote to the Council of Orleans, that he and his would be obedient to the commands of the church and the Pope, particularly in not forcing the clergy to lift in his troops. All fuch violations of perfonal liberty deserve exconimunication as juftly as violating the interests of the Church; for the freedom of her minifters, in the exercise of their functions, is one of her principal concerns. But the general pretence of the court of Rome, that all perfons and estates, which are in any wife whatsoever depending on the Church, are therefore exempt from lay-jurif diction, and that to touch them would be a violation of ecclefiaftical liberty, tho' they are included in the diftinction we eftablifh'd above, is what a man must have the ftomach of an oftrich to digeft. Surely one would imagine they had forgot what they so often boast of, viz. that this ecclefiaftical liberty, which takes in both estates and perfons, owes its origin to the emperor Conftantin the Great, in the time of Pope St. Sylvefter; from whence it appears to be a favour granted by the fecular power,

for

for the greater honour of the Church; fo that 'tis the highest ingratitude to retort, what was only owing to the courtefy of princes, against their liberty. I do not mean by this, that I would have ecclefiaftical liberty violated upon all occafions, much lefs in matters relating to the true interefts of the Church, facred pla ces, or ecclefiaftics in the exercife of their functions. But to pretend, that a prince is not a fovereign of his ecclefiaftical fubjects, is to abridge him of that authority which he derives immediately from God, nature, and the law of nations. Note, I intend only a free prince, who owns no fuperior authority in his government.

I find by the 20th chapter of the 25th feffion of the Council of Trent, that they spoke of princes with greater refpect than the court of Rome have ever done on thefe occafions. This chapter, which was compos'd purely for defence of the ecclefiaftical liberties, is fomewhat long, but begins thus Cupiens fancta Synodus, ecclefiafticam difciplinam a quibufcunq; impedimentis confervari, feculares principes admonendos effe cenfuit, jus fuum ecclefia reftitui, fed & fubditos fuos ad debitam erga clerum reverentiam revocaturos, nec permissuros ut officiales aut inferiores magiftratus ecclefie & perfonarum ecclefiafticarum immunitatem violent decrevit itaq; facros canones in favorem ecclefiafticarum perfonarum libertatis ecclefia contra violatores effe obfervandos; præterea admonet imperatorem, reges, refpublicas, principes, ne' ab ullis baronibus, do

micellis,

micellis, rectoribus lædi patiantur, fed fevere in cos qui libertatem, immunitatem, atque jurifdictionem impediunt, animadvertant, imitantes anteriores optimos religiofiffimos principes, qui res ecclefia fua imprimis authoritate ac munificentia auxerunt, nedum ab aliorum injuria vindicarunt. 1. e. The facred fynod being defirous that the ecclefiaftical difcipline fhould be fecur'd from all impediments what faever, thought it convenient for fecular princes to be admonish'd to restore the church to her rights, and to remind their fubjects of the reverence due to the clergy, and not to permit the officials, or inferior magistrates, to violate the freedom of the Church and ecclefiaftical perfons. Therefore the faid. Council decreed feveral facred canons, to be obferv'd, in favour of fuch perfons, against the violaters of the liberty of the Church. Moreover, the Council admonishes the emperor, kings, republics and princes, not to fuffer the clergy to be injur'd by any lords of manors, rectors, or the like, but feverely to animadvert upon fuch as violate their liberties, immunities, and jurisdiction, in imitation of those most religious princes, their ancestors, who defended the interests of the Church from the injury of others, as well as promoted the fame by their authority and bounty.

I think the zeal of the Council for ecclefiaftical liberty appears very plain in this canon, by their exhorting the fecular princes to defend it, in imitation of the princes that liv'd in the primitive ages of christianity, who, at the fame

time

time that they made it their business to enlarge the pale of the church, thought it equally their duty to defend her from injury. But I don't perceive that the excommunication of princes is fo much as pretended throughout the whole hiftory of that council; fo far from it, that if any differences happen, relating to the violation of ecclefiaftical liberty, it refers the decision thereof to princes; and instead of treating them as criminals, as the court of Rome fometimes does, calls them the protectors of that liberty.

Above all the different kinds of ecclefiaftical liberty, the court of Rome is most jealous of the violation of these three, viz. perfons, eftates, and facred places; tho', in truth, they have not the laft much at heart, being far more ready to forgive tranfgreffors for an injury done to places, than to perfons and eftates.

As far as I can fee, we have now fufficiently examin'd all that relates to the fubject of ecclefiaftical liberty, and fhew'd, that the worft the laity can do, in prejudice of ecclefiaftical liberty, is, 1. The hindring the propagation of the faith, and the meddling with the adminiftration of the facraments, and doctrines effential to falvation. 2. Molefting ecclefiaftical perfons in their minifterial functions. 3. Seizing the eftates of ecclefiaftics for the conveniency, or pleasure of the prince.

And

And lastly, The offering contempt to sacred places, when the fame may be avoided.

I believe there is no chriftian prince but would value himself for not taking those steps, that might involve him in the guilt of the things which I have condemn'd; and if he acts otherwife, I own I am of opinion that he deferves the cenfures of the Church. We will now take to pieces all the other pretenfions of the court of Rome, who finding it impoffible to establish an univerfal monarchy in temporals, would, at least, curtail the authority of secular princes, as far as lies in their power.

CHA P. VIII.

Whether the poffeffion of temporalities, belonging to the Church, is not of divine right?

I Am perfuaded, that by the propofing of this question, I may be faid, once in my life, to have given into the meaning of the court of Rome. Others perhaps will think it wrong stated; but that court, instead of being of their opinion, will think it a neceffary difpute, because it gives them a handle for determining it by a pofitive decree. But fince it is no difficult matter to refolve a question, whofe