Introduction to the Literature of Europe in the Fifteenth, Sixteenth, and Seventeenth Centuries, Vol. 2Hallam, Henry
History
Introduction to the Literature of Europe in the Fifteenth, Sixteenth, and Seventeenth Centuries, Vol. 2
Hallam, Henry
Literature, Modern -- History and criticism
43. He returned, after the lapse of some years, to the same theme in a
larger and more comprehensive work, De Imperio Summarum Potestatum
circa Sacra. It is written upon the Anglican principles of regal
supremacy, which had, however, become far less popular with the rulers
of our church, than in the days of Cranmer, Whitgift, and Hooker.
After stating the question, and proving the ecclesiastical power of
the magistrate by natural law, Scripture, established usage, agreement
of Heathen and Christian writers, and the reason of the thing, he
distinguishes control over sacred offices from their exercise, and
proceeds to inquire whether the magistrate may take the latter on
himself; which, though practised in the early ages of the world, he
finds inconvenient at present, the manners required for the regal and
sacerdotal character being wholly different.[97]
[97] Cap. 4.
44. Actions may be prescribed or forbidden by natural divine law,
positive divine law, or human law; the latter extending to nothing but
what is left indefinite by the other two. But though we are bound not
to act in obedience to human laws which contradict the divine, we are
also bound not forcibly to resist them. We may defend ourselves by
force against an equal, not against a superior, as he proves first
from the Digest, and secondly from the New Testament.[98] Thus the
rule of passive obedience is unequivocally laid down. He meets the
recent examples of resistance to sovereigns, by saying that they
cannot be approved where the kings have had an absolute power; but
where they are bound by compact or the authority of a senate or of
estates, since their power is not unlimited, they may be resisted on
just grounds by that authority.[99] “Which I remark,” he proceeds to
say, “lest any one, as I sometimes have known, should disgrace a good
cause by a mistaken defence.”
[98] Cap. 3.
[99] Sin alicubi reges tales fuere, qui pactis sive positivis
legibus et senatus alicujus aut ordinum decretis adstringerentur,
in hos, ut summum imperium non obtinent, arma ex optimatum
tanquam superiorum sententia sumi justis de causis potuerunt.
Ibid.
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