saith he, "at Cæsar's judgment seat; there I ought to be judged." Whereupon, in the eighth distinction, chapter "Quo jure," St. Ambrose allegeth, that all things are lawful unto the emperor, and all things under his power. For the confirmation whereof it is said, [Daniel ii. 37, 38,]Eighth reason. Paul appealeth to the emperor. St. Ambrose. (Daniel ii.) "The God of heaven hath given unto thee a kingdom, strength, empire and glory, and all places wherein the children of men do dwell; and hath given into thy power the beasts of the field, and fowls of the air, and set all things under thy subjection."
Also, in the 11 quest, par. 1, St. Ambrose saith, "If the emperor require tribute, we do not deny that the lands of the church shall pay tribute; if the emperor have need of our lands, he hath power to challenge them, let him take them, if he will: I do not give them unto the emperor, neither do I deny them."Ninth reason. St. Ambrose. This he writeth, expressly declaring that the secular lord hath power at his pleasure to take away the lands of the church; and so, consequently, the secular lords have power at their pleasures, to take away the temporal goods from the ecclesiastical ministers when they do offend.
Tenth reason. St. Augustine.Also, St. Augustine writeth, "If thou sayest, 'What have we to do with the emperor?' But now, as I said, we speak of man's law. The apostles would be obedient unto kings, and honour them, saying, 'Reverence your kings; and do not say, What have I to do with the king?' What hast thou then to do with possessions? By the king's law thy possessions are possessed. Thou hast said, 'What have I to do with the king?' but do not say, what have thy possessions to do with the king? For then hast thou renounced the laws of men, whereby thou didst possess thy lands." Thus writeth St. Augustine in his eighth distinction, by whose words it is manifest, that the king hath power over the church goods, and consequently may take them away from the clergy transgressing or offending.
Eleventh reason. Magistrates, keepers of both laws. The duty of kings to punish the clergy.Item, in his thirty-third epistle to Boniface, he saith, "What sober man will say unto our kings, 'Care not you in your kingdom, by whom the church of the Lord is maintained, or by whom it is oppressed; it pertaineth not unto you, who will be either a religious man, or who will be a church-robber?' Unto whom it may be thus answered, 'Doth it not pertain unto us in our kingdom, who will either live a chaste life, or who will be an unchaste whoremonger?'" Behold, this holy man showeth here how it is the duty of kings to punish such as are robbers of churches, and consequently the proud clergy when they do offend.
Twelfth reason.Item, he writeth in the 33 quest. 7 par., "Si de rebus," "The secular lords may lawfully take away the temporal goods from heretics; and forasmuch as it is a case greatly possible that many of the clergy are users of simony, and thereby heretics, therefore the secular lords may very lawfully take away their temporalties from them." "For what an unworthy thing is it," continues St. Augustine, "if the catholics do possess, according unto the will of the Lord, those things which the heretics held? forasmuch as this is the word of the Lord unto all wicked men [Matt, xxi.], 'The kingdom of God shall be taken away from you, and given unto a nation, which shall do the righteousness thereof.' Is it in vain which is written in the Book of Wisdom [chap, xi.], 'The just shall eat the labours of the wicked?'"
An objection of the desire of other men's goods.And whereas it may be objected as touching the desire of other men's goods, St. Augustine answereth, "That by that evidence the seven nations, which did abuse the Land of Promise, and were driven out from thence by the power of God, may object the same unto the people of God, which inhabit the same;" and the Jews themselves, from whom, according unto the word of the Lord, "The kingdom is taken away, and given unto a people, which shall do the works of righteousness," may object the same unto the church of Christ, as touching the desire of other men's goods: but St. Augustine's answer is this; "We do not desire another man's goods, forasmuch as they are ours by the commandment of Him by whom all things were made." By like evidence the clergy having offended, their temporal goods are made the goods of others, for the profit of the church. To this purpose also, according to St. Augustine, serveth the 14 quest. 4 par., "Unto an unbeliever it is not a halfpenny matter; but unto the faithful it is a whole world of riches." Shall we not then convince all such that they possess another man's goods, who seem to have gathered great riches together, and know not how to use them? for that truly is not another's, which is possessed by right; and that is lawfully possessed, which is