power of the spirit tooke vpon them power aboue the Ciuill Magistrate practising wholly coactiue power which they called Spirituall when they had forsaken the power of the spirit and reiected it from them 5. The Iurisdiction which the Apostles practised was partly from the commission of Christ spirituall partly from the law of Nature and from the example of that gouernment which was established in the Church of the Iewes The things which belonged to Apostolicall Iurisdiction either concerned the gouernment of the ministery or of the whole Church Touching the gouernement of the ministery these things belonged to the Apostles so long as they liued and afterward to Bishops their successours First a power to ordaine ministers Thus did Paul and Barnabas when they called Churches through Lycaonia Pisidia and Pamphylia They ordained Elders in euery Church Elders that is Pastors Preachers to preserue the Doctrine continually which the Apostles had once planted And this charge to ordaine Elders or Priests did the Apostles leaue also to them that succeeded in the gouernement of the Church This commission Saint Paul gaue to Titus For this cause I left thee in Crete that thou shouldest continue to redresse the things that remaine and ordaine Elders in euery city as I appointed thee which ordaining signifieth also institution in the place or cure they ministred in 6. The Apostles had also in themselues and left to their successours power and Iurisdiction to command those Pastors which thus they had ordained to preach the truth without mixture of false doctrines This power as Saint Paul had in himselfe so he left the same to Timothie and consequently to others As I besought thee to abide still in Ephesus when I departed to Macedonia so doe that thou maist command some that they teach no other doctrine These were the principall parts of Iurisdiction which the Apostles left to their successors to continue in the Church for euer For the end and vse of this gouernment is perpetuall as to ordaine Preachers and to see that they so ordained should teach the truth without heresie It followeth certainely that such gouernours as the Apostles themselues ordained in the Church for these perpetuall vses are to remaine perpetuall gouernours in the Church Thus was the gouernement of Bishops placed by the Apostles to stand and continue till the end of the world because the Apostles placed such for the ordination of ministers and the preseruation of true Doctrines For they who aunswere that these offices and places wherin the Apostles placed Timothie and Titus were either extraordinarie or to indure for a short time do not consider the end and vse of these places which end and vse is neither extraordinary nor temporary but ordinary and perpetuall For ministers must be ordained commanded to preserue the truth without heresie as long as the Church standeth Then the necessitie and vse of the ends will prooue the like necessitie and vse of these gouernours which by the Apostles were placed for these endes 7. Another part of this Iurisdiction and depending vpon the last was that which the Apostle leaueth in commission to Titus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to stoppe their mouthes For which cause the Angell of the Church of Thyatira is reprooued by Christ because he suffered a false Prophetesse to teach and to deceiue the people and to make them commit fornication and to eate meat sacrificed to idols If Titus be commaunded to put some to silence and the other reprooued for suffering a false teacher to teach then the gouernours of the Church haue authoritie and Iurisdiction in these things but how farre it is extended we shall consider hereafter But because it may be questioned whether 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be to silence ministers or to conuince them by argument To this wee ' aunswere that albe it wee denie not conuiction by reason to be also included in the word yet there is a further meaning of iudiciall proceeding by authoritie heere vnderstood which thing will appeare by conference of this and other places For Saint Paul hauing first declared that he left Titus at Crete to ordaine Elders describeth what manner of men they must be that are so to be ordained For a ' Bishop must be vnreproueable c. Then he declareth that many be otherwise for there are many disobedient and vaine talkers and deceiuers c. If the question be demaunded what shall be done to these deceiuers the wordes immediatly following containe an aunswere whose mouthes must be stopped So that the sense of these words is the same with that which hee saith to Timothie charging him to command some that they teach no other Doctrine Then the word containeth not only conuiction by argument but Iurisdiction also For conuiction by argument onely would not haue serued to suppresse the false Prophetesse of Thyatyra And if a minister be accused of heresie or such like he was to be iudged by such as were set in chiefe authoritie in the Clergie For that there was a consistory and iudiciall proceedings set vp it is euident and no lesse euident that the Bishop was iudge Against an Elder saith S. Paul to Timothie receiue none accusation but vnder two or three witnesses Now he that is appointed to heare accusations to receiue the testimonies of witnesses is placed in a place of iudgement with Iurisdiction and therefore hath authoritie not onely to conuince by argument but also to proceed iudicially against false teachers and to put them to silence 8. Thus farre was Iurisdiction practised ouer ministers the things which follow touched the whole Church Another part of Iurisdiction practised by the Apostles touching the Church in generall was to call Councels for the determination of such controuersies as were raised vp by them that troubled the doctrines of the truth and peace of the Church Such was the Councell gathered by the Apostles Act 15. Consisting of Apostles and Elders that is of persons Ecclesiasticall wherin sentence proceeded after good deliberation and great disputation This is the greatest power or Iurisdiction of the Church because the whole or many chiefe parts together is greater then any one part 9. Further concerning the extension of this Iurisdiction it cannot be denied but that there is a power in the Church not only internall but also of externall Iurisdiction of internall power there is no question made Externall Iurisdiction being vnderstood all that is practised in externall Courts or consistories is either definitiue or mulctatiue Authority definitiue in matters of faith and religion belongeth to the Church Mulctatiue power may be vnderstood either as it is referred to spirituall censures or as it is with coaction as it standeth in spirituall censures it is the right of the Church and was practised by the Church when the Church was without a Christian Magistrate and since But coactiue Iurisdiction was neuer practised by the Church when the Church was without
Iurisdiction 6. From this consideration of persons and causes arise two great questions First concerning the exemption of all causes Ecclesiasticall from the Kings Iurisdiction secondly concerning the exemption of Ecclesiasticall persons from temporall audience and iudicature For the better vnderstanding hereof we may proceede by some distinctions for when our aduersaries teach that the Pope is the head of the Church and we that the King is the supreame gouernor of the Church though in some sound of wordes these things seeme not much to differ yet in truth there is great difference betweene their meaning and ours For they calling the Pope the head to distinguish him from Christ whom the Apostle calleth the head of the Church say that the Pope is the ministeriall head which deuise was first brought in by the Schoolemen for among the auncients it was not knowne but all that speake of the head of the Church before acknowledge none but Christ. Concerning this deuise of the ministeriall head we say with the ancient Fathers that the Catholike Church is but one and hath one head Christ Iesus because to one bodie there can bee but one head from whom grace is infused to the whole body This Catholike Church is as that head is both perfectly known to God not to man this then is but one in all times and places But the visible Churches or particular are many at many times in many places and therefore must haue heads or gouernours aunswerable to themselues for many Churches many gouernours These are either Spirituall gouernours or Temporall The spirituall gouernment of the Church is committed to spirituall gouernours as first from Christ to his twelue Apostles of whom none was aboue the rest in this spirituall gouernment or kingdome of Christ as the Lord doth often expresly declare to them from them to Bishops and Pastors their successors Temporall gouernours are such as haue the custody of externall coactiue Iurisdiction both in Temporall and Ecclesiasticall causes for the power of the Church with all her spirituall Iurisdiction neuer reached to coaction This was by God first giuen to Magistrates and neuer reuoked in all times practised but when the Church and Kings were oppressed by the great power of Antichrist When wee call the King the supreame gouernour of the Church our meaning is that hee is appointed by God to be a Father and preseruer of religion a keeper of Ecclesiasticall discipline and as the Prophet Isaiah calleth him a nourcing father of the Church he is the soueraigne in all affaires of coactiue Iurisdiction Likewise this word Church is not taken in the same sense by them and vs for our aduersaries saying that the Pope is the head of the Church vnderstand thereby the. Catholike Church spread ouer the whole world but we vnderstand a particular Church yeelding the King to bee gouernour next and immediatly vnder God of his own dominions and consequently of persons and causes within his owne dominions so that there is much difference betweene their meaning and ours Then we must come to such an issue wherein without equiuocating the question betweene vs is set for wee shall otherwise run into that fault which is so rife with the Popes Clarks that Bellarmine himselfe confesseth it Notandum est saith he multos ex nostris tempus terere dum probant quod Caluinus caeteri haeretici concedunt This is most common among them to bee large in disputing that which is not in question betweene vs and it is a signe of some ingenuitie to confesse it but neither doth himselfe for all his confession auoid it neither doe they that write since and depend vpon his learning shunne it after so faire warning neither in truth can a false cause be maintained in so many bookes and large volumes as now they set out vnlesse they tooke this libertie to themselues to be large in disputing things which are not in question The question then is concerning the lawfull authoritie of Kings in their owne dominions touching this part of Iurisdiction which is called Ecclesiasticall coactiue Iurisdiction 7. For better proceeding let the distinction be remembred which is vsually receiued of Ecclesiasticall power for all power Ecclesiasticall is commonly deuided into power of order and of Iurisdiction The power of order by all writers that I could see euen of the Church of Rome is vnderstood to be immediatly from Christ giuen to all Bishops and Priests alike by their consecration wherein the Pope hath no priuiledge aboue other Thus teach Bonauentuâ—…e in 4. sent d. 17. q 1. August Triumphus lib. de potest eccles qu. 1. ar 1. Ioh. Gerson li. de potest eccles consid 1. Cardinal Cusanus lib. de cathol concord 2. cap. 13. Cardinal Contarenus tract de eccles potest pontificis Bellarm. lib. 4. de Rom. Pont. cap. 22. This then being the common confession of all that the Pope hath no more power herein then any other Bishop or Pastor we moue no contradiction in this As they confesse that in this power the Pope hath no praeeminence but that it is giuen from Christto all Bishops and pastors equally so wee confesse that in this power the prince hath no part and that Bishops and pastors haue this power onely from the diuine ordinance and not from earthly princes then our question is onely of the power of Iurisdiction 8. This power of Iurisdiction is diuersly vnderstood by the writers of the Church of Rome Augustinus Triumphus doth deliuer it thus The power of Iurisdiction is Temporall or Spirituall and this power considered in generall is threefold immediate deriued or giuen to execute some seruice the power of Iurisdiction immediate of all things Spirituall and Temporall is onely in the Pope The power of Iurisdiction deriued is in Bishops to them deriued from the Pope the power of Temporall Iurisdiction giuen to execute some seruice for the helpe of the Church is in Emperours Kings and secular princes this power is not immediat from God but is giuen first to the Pope and so to Kings for the vse of the Church and â—…elpe of Pope and Prelates I haue deliuered this in the â—…ery words of Triumphus whom in this thing others followe though of late some of the finer Iesuits who hold the same are growen more cunning in the manner of deliuering it Bellarmine loath to leaue the opinion and ashamed so grossely to propose it deuiseth a mollification of it thus Asserimus Pontiâ—…icem vt pontiâ—…icem et si non habeat vllam meré temporalem potestatem tamen habere in ordine ad spirituale bonum summam potestatem disponendi de temporalibus rebus omnium Christianorum That is We auer that the Pope albeit he hath not any power merely Temporall as Pope yet hath power supreame in respect of Spirituall good to dispose of all the Temporalties of all Christians And in the next Chapter concludeth that the Pope hath authoritie to depose hereticall kings and princes
and answereth to an obiection which I will set downe in his own words Quod si Christiani non deposuerunt olim Neronem Diocletianum Iulianum Valentem similes iâ—…suerat quia deerant vires temporales Christianis That is If Christians of old deposed not Nero Diocletian Iulian Valens and the like this was because Christians then wanted Temporall forces They will shortly without blushing tell vs that Iesus Christ also submitted himselfe to the heathen Emperours and to their deputies because he wanted power to resist them for this they may say with some sophisticall shew of reason aswell as that which they doe say Then his opinion is that the Pope as Pope hath not any Temporall power but yet the Pope and onely the Pope hath Temporall power aboue all Kings and Emperours This is one of the greatest points wherein the Pope hath incroached vpon the right of Kings 9. Besides this Temporall Iurisdiction there is another part of Iurisdiction called spirituall which the writers of the Church of Rome deuide into internall and externall internall they referre to the Sacraments onely Gerson de potest ecclesi consid 1. Bellar. de Rom. pont lib. 4. cap. 22. Bellarmine in the place last cited disputing of Iurisdiction saith there is a triple power in the Bishop of Rome first of order secondly of internall Iurisdiction thirdly of externall Iurisdiction the first is referred to the Sacraments the second to inward gouernment which is in the court of conscience the third to that externall gouernment which is practised in externall courts and confesseth that of the first and second there is no question betweene vs but onely of the third De primâ secundâ non est questio sed solum de tertiâ saith he Then of this wee are agreed that the question betweene vs and them is onely of Iurisdiction in the third sense and therein especially of Iurisdiction coactiue in externall courts binding and compelling by force of law and other externall mulcts and punishments beside excommunication as for Spirituall Iurisdiction of the Church standing in examinations of controuersies of faith iudging of heresies deposing of heretickes excommunication of notorious and stubborne offenders ordination of Priests and Deacons institution and collation of benefices and spirituall cures c. This we reserue intire to the Church which Princes cannot giue or take from the Church This power hath bene practised by the Church without coactiue Iurisdiction other then of excommunication But when the matters handled in the Ecclesiasticall consistorie are not matters of faith and religion but of a ciuill nature which yet are called Ecclesiasticall as being giuen by Princes and appointed to be within the cognisance of that consistorie and when the censures are not spirituall but carnall compulsiue coactiue here appeareth the power of the ciuill magistrate This power we yeeld to the magistrate and here is the question whether the magistrate hath right to this power or Iurisdiction which is thus described by the Romanists Externall Iurisdiction Ecclesiasticall is a power coactiue giuen to gouerne Christian people in contentious courts this is the principal question which we haue here to search Our English flatterers of the Pope that write now and of late haue written vndertake to prooue that this Iurisdiction is first and principally in the Pope and from him deriued to Bishops and that Kings haue not this power at all or any part of it vnlesse by commission from the Pope our assertion is contrary that this power of Ecclesiasticall Iurisdiction externall and coactiue beâ—…ongs to Kings only not to Ecclesiasticall persons but as they â—…aue commission from their Princes And because we would â—…ot be mistaken in the question we will set down the words of the best of that side for better euidence and assurance who take the question thus and not otherwise Iohn Gerson saith Potestas Ecclesiastica Iurisdictionis in foro exteriori est potestas Ecclâ—…siastica coactiua quae valet exerceri in alterum etiam iâ—…uitum Bellarmine speaking of the same power saith it is ad regendum populum Christianum iâ—… foro exteriori 10. Then this is the thing which wee are to prooue that Ecclesiasticall coactiue power by force of lawe and corporall punishments by which Christian people are to be gouerned in externall and contentious courts is a power which of right belongeth to Christian Princes Concerning the power of orders and institutions of excommunication and deposition and of internall Iurisdiction in the court of Conscience in administration of Sacraments absolution by power of the keyes this we giue not to Princes but Princes as they are preseruers of Religion and nurcing fathers of the Church are to see that Bishops and all inferiour ministers performe their faithfull duties in their seuerall places and if they be found faulty to punish them because that belongeth to external Iurisdiction coactiue Thus much may suffice for the state of the question For the manner of handling I purpose to search the right of Kinges first in the law of nature secondly in the written law giuen by Moses continued vntill the comming of our Lord Iesus Christ thirdly to declare the confirmation of the same right by Christ and his Apostles and the Church succeeding vntill that time that the Pope drew a newe estate and Iurisdiction to himselfe After which time I purpose to obserue how the Pope hath incroached first vpon the Bishops then vpon the right of kings and last vpon the right of the Church and generall Councels By all which will appeare how late how new and strange that Iurisdiction is which the flatterers of the court of Rome now yeeld to the Pope CHAP. II. Kings in the time of the Law of nature had all power Ecclesiasticall both of order and Iurisdiction IN the Law of nature we haue not many examples of Kings that gouerned a people where the Church of God was planted there is onely mention of Melchisedecke King of Salem of him it is said Gen. 14. Melchisedecke King of Salem was a priest of the high God In his person these two offices the kingdom the priesthood were ioyned both which offices followed the prerogatiue of the birthright for that this Melchisedeck was Sem is the receiued opinion of many interpretours wherein is some difference Some take Sem to be the eldest sonne of Noah but others from a probable collation of Scriptures hold him to be the second sonne but whether hee were eldest or not it is apparant and out of doubt by that blessing Gen. 9. that he had the birthright for Canaan is made his seruant which is the auncient stile and euidence of the birth-right as is expressed in the birthright of Iacob Iaphet is perswaded to dwell in the tents of Sem. Whereas therefore hee hath that honor aboue both his brethren the birthright is euidently confirmed vnto him Canaan being made his seruant and Iaâ—…het being directed to repaire to his
this power coactiue though they had vsurped many parts thereof 18. A third reason to prooue this authoritie to bee in the Ciuill Magistrate is as I teached before confirmed by the right of Appellations For in matters of coactiue Iurisdiction a man might appeale from the high Priest to the King as Saint Paul did to Caesar which was vtterly vnlawfull for him to doe vnlesse he might as lawfully haue appealed to a King if that state of Israel had then beene ruled by a King as at other times it was For that right which Saint Paul giueth to Nero to heare Appellations he would vndoubtedly yeeld to Dauid or Ezekâ—…as or any other godly King in his owne Dominions Wherefore it followeth that either Saint Paul must be condemned for yeelding an vnlawful power to Emperors or Kings must haue the same priuiledge which thing being admitted in matters Ecclesiasticall doth inuincibly prooue the Kings Iurisdiction in such matters The same thing is also confirmed from those words of the Apostle he is the minister of God and he beareth the sword If the Magistrate be the minister of God then he hath full authoritie and Iurisdiction from God whose minister and vicegerent he is if he beare the sword hee hath all power coactiue for coactiue power doth alwayes follow tâ—… sword which God hath giuen to the Ciuill Magistrate to beare Therefore Ioh. Chrysostoâ—… saith Regi corpâ—…ra commissa sunt sacerdoti animâ—… reâ—… maculas corporum remittit sacerdos maculas peccatorum illâ—… cogit hic exhâ—…rtatur ille habet arma sensibilia hic arma spiritualia Hâ—…m 4. de verb. Esa. vidi dom Then the true difference betweene the Magistrate and the Priest concerning this point is Ille cogit hic exhâ—…rtatur so that coactiue power is left wholy to the Magistrate Ambrosâ—… likewise speaking of the authoritie of the Church and of Bishops saith Coactus 〈◊〉 nâ—…n noui arma enim nostra preces sunt 〈◊〉 â—…at iâ—… Auxâ—…t where he declareth the difference betweene these two powers leauing nothing to the Church but preces 〈◊〉 wherin there is no coaction In which sense Thomas Aquinâ—…s faith vindicta quae fit authâ—…ritate publicae potestatâ—… sâ—…cundum 〈◊〉 iudicis pertieet ad iusticiam commutatiuam 2. 2. qu. 8. art 1. Therefore vindicatiue power or coaction belonges not to the Church but the Magistrate that exerciseth coâ—…utatiue iustice 19. In regard of which high power Princes are called Gods I haue said you are Gods And because an aduersarie of late hath told vs that this name is giuen aswell to Ecclesiasticall gouernours as to Kings we reply that it cannot be shewed that this name is giuen to Ecclesiasticall gouernours but either where such gouernours haue receiued authoritie from the Ciuill Magistrate or where themselues are the chiefe Magistrates so that it is a name giuen in respect of Soueraigne power For to manifest the Soueraigne emmency of the Prince compare the Prince and Priest togâ—…ther and by this comparison wee shall euidently know the truth for we find the Prince called a God not onely in respect of the people but in respect of the Priest also Where the Lord himselfe speaketh to Moses of Aaron comparing their power and offices together he saith thus He shall be thy spokesman vnto the people and he shall be as thy mouth and thou shalt be to him in stead of God In this comparing of these two great offices Moses is the directour Aaron the interpretour and preacher Where the Prince or Soueraign Magistrate is called a God not onely in respect of the people as in diuers other Scriptures but in respect of the Priest thou shalt be to him euen to Aaron as a God We find then that the Prince is called a God in respect of the Priest but we can neuer find that the Priest is called a God in respect of the Prince This declareth a Soueraigne authoritie of the Prince in matters of God and of Gods true Religion For he who by his office is to establish true Religion in his dominions doth heerein represent a liuely exâ—…mple both of the goodnesse and power of God and therefore Magistrates are called Gods as being Gods Vicegerents for establishing of true Religion 20. And this our Sauiour Christ confirmeth for whereas Psal. 82. They are called Gods I haue said you are Gods Our Lord expoundeth that place declaring in what sense they are so called For he saith If he called them Gods vnto whom the word of God was giuen and the Scripture cannot be broken c. Then the Magistrates who are here called Gods are such to whom the word of God is giuen For further declaration of the truth let this question be demaunded to whom is the word of God principally giuen to whose Soueraigne custodie is the word of God committed The words of our Sauiour Christ containe an aunswere to the Ciuill Magistrate For it is certaine that all that Psalme whence Christ taketh those words is wholly and intirely vnderstood of the Ciuill Magistrates and not of Priests or Ecclesiasticall gouernours Why then and is not the word of God giuen to Ecclesiasticall gouernours aswell as to Kings Yes verily but diuersly for to Ecclesiasticall gouernours the knowledge of the word is giuen to publish by preaching For the Priests lippes shall preserue knowledge and they shall seeke the law at his mouth for hee is the messenger of the Lord of hostes Then if the question be asked to whom is the word giuen by the way of knowledge to preach and publish it The answere is to the Priest but Christ speaketh not here of that manner of giuing the word but he toucheth that Commission which is giuen to Magistrates For to Magistrates it is not giuen by way of especiall knowledge to preach it but by way of an especiall commission to keepe it to establih it by authoritie to command obedience vnto it and to punish the violatours of it This is the authority of a Christian Prince for he hath called them Gods to whom the word was giuen Whom hath hee called Gods Ciuill Princes for of such onely of such that Psalme speaketh Why are they called Gods Because they are Gods vicegerents by their authority to establish Gods word Therefore they are acknowledged to bee custodes vtâ—…insque tabulae for which cause it was an ancient ceremony in the Church of Israel that at the Kings Coronation the Booke of God should be giuen into the hand of the King as we read in the Coronation of Ioash Which thing is confirmed by a commaundemant in the Law why was this thing so solemnly commanded so religiously preached but to shew that God hath committed the care of Religion principally to the King that by the vtmost of his power and authority it might be established in his Dominions 21. This doth proue that Moses was a Prince and not a Priest and Aaron a Priest but not a Prince because Moses
extraordinary example that wee see rather that Salomon doth mitigate the ordinary punishment of that crime which Abiathar had committed Moreouer to punish or to release the punishment of treason belongeth not to the office of a Prophet but of the King but Salomon in this action punishing the treason of Abiathar releaseth some part of it All which proue the distorted shift of Tortus to be so vaine and shamelesse that the blushing Hat of a Cardinall is not broad enough to couer the shame In these things and in supreame appellation standeth Ecclesiasticall iurisdiction which by diuine right was placed in these Kings and by them practised CHAP. IIII. Externall Coactiue Iurisdiction was not left by Christ to his Church nor practised by the Church all that while that the Church was without Christian Magistrates wherein is declared the Iurisdiction of the Church and of Bishops that the power of excommunication proceeded not to Coaction NOw let vs make search in the Church of Christians wherein we will consider first the state of the Church after it was called by Christ and his Apostles and gouerned by the Fathers for the space of the first three hundred yeeres in all which time no Christian was the Soueraigne Magistrate In this time it will be to good purpose to search the Iurisdiction of the Church for this is the time wherein it will most cleerely appeare And Christ that appointeth all times states for his Church appointed that all this time she should be without Princes for her nourcing Fathers that by wanting it so long we might vnderstand the greatnesse of this blessing But when the Church of Rome grew insolent by abusing this blessing taking the right of Princes from them and thereby remouing the ancient bounds of the Ordinances which God had set of old then it was not to bee marueiled that such iudgements followed of blindnesse and ignorance among the people of confusion and contempt vpon Princes and Kings which iudgements haue beene so famously apparant in the sight of the world But let vs proceed to the examination of the Churches Iurisdiction for if we consider what Iurisdiction Iesus Christ left to his Church it will consequently appeare what Iurisdiction is in Ciuill Princes for all that Christ gaue not to his Church remaineth with Princes 2. The places from which they would prooue Iurisdiction are these Mat. 18. Whatsoeuer you shall binde on earth shall be bound in heauen And whosoeuers sinnes you retaine shall be retained Now these places make no proofe of this Iurisdiction which is in question For all Popish writers that I could see vpon this question acknowledg these Scripturs not to be meant of externall Iurisdiction coactiue which is our question but of the inward power of remitting of sinnes practised within the court of conscience by the power of Gods spirit and declared by the Priest and ordinarily practised in excommunication or otherwise The greater condemnation deserueth that Catholike Diuine who to disprooue the Iurisdiction of Princes and to proue the Popes pretended Iurisdiction bringeth these places of Scripture which speake of neither Other places they cite as that Thou art Peter and vpon this rocke will I build my Church and I will giue to thee the keyes of the kingdome of heauen And Simon louest thou mee feede my Lambes c. These and such like places they bring to proue the Popes Iurisdiction All of this sort are throughly handled with exact iudgement and learning in that worthy conference written by Doctor Raynolds of blessed memory which booke as a gantlet of one of the worthies of our Church hath lien long betweene vs and the host of the Philistims and none of our adueâ—…saries hath had the courage to take it vp and to aunswere it 3. It is sufficient for vs to pleade that none of the auncient Fathers did euer expound these Scriptures thus or did euer dreame of such senses as they haue found of late out of their owne decretall Epistles It is sufficient that some of their owne best learned writers yea some of their most learned Popes before they were Popes haue with such learning and iudgement refuted their new deuised expositions of these Scriptures as that from themselues and out of their owne mouthes God hath drawen testimonies to ouerthrow these carnall and absurd expositions of Scriptures Iohn Gerson saith that these texts thus by the Popes flatterers applied to prooue his Iurisdiction are vnderstood by them Grossé non secundum regulam Euangelicam And Aenaeas Siluius hath with great life and learning ouerthrowen these grosse and corrupt expositions of whom we shall speake hereafter in due place where it will fully appeare that these expositions of Scripture are by the learned free and iudicious men of that side acknowledged to bee inuented by flatterers as the same Pope Pius the second witnesseth to be new and straunge and to be vrged by miserable and wretched soules which will not vnderstand that these challenges of their Iurisdiction are nothing but either the words of the Popes themselues that would inlarge their fringes without measure or of their flatterers who being blinded by ambition and caried with the winde of vaineglory doe flatter the Popes in hope of reward Though now those flatterers haue gotâ—… the vpper hand in the Councell of Trent and haue vsurped the name of the Church who before were alwayes esteemed a base company standing for the Popes Iurisdiction against the graue and learned men of that Church 4. Then for the places of Scripture which they bring for this Iurisdiction we say with their owne best learned men that they are in that sense wherein they vse them new deuises drawen of late by strange and absurd contortions into this new flattering sense by the Popes flatterers against the auncient expositions of the Fathers and Doctors of the Church Concerning the Iurisdiction which Christ left to his Church let all the Scriptures be searched and there will nothing be found of externall Iurisdiction consisting in power coactiue but all that Christ left was partly yea principally inward and spirituall power partly externall for establishing doctrines of faith and good order in the Church by Councels determinations iudicature spirituall censures excommunication deposing and dispatching of the disobedient so farre as the Church could proceede without coactiue power For by this spirituall power without coaction the Church was called faith was planted diuils were subdued the nations were taken out of the power of darkenesse the world was reduced to the obedience of Christ by this power the Church was gouerned for three hundred yeeres together without any coactiue Iurisdiction But what coactiue power may worke in the Church without this we haue a lamentable experience in the present court of Rome falling away from the truth and from the comfort of the spirit and therefore from the true vse of the power of the spirit of God when the Popes being destitute of this
gouernment which is reserued to Bishops as the Apostles successours After which example Gregorie the first writeth thus Serenissimi domini animum non ignoro quod se in causis sacerdotalibus miscere non soleat Gregorie calleth those causes with which the Emperours medled not causas sacerdotales meaning therby the same which Ambrose calleth causes of faith 12. Besides this Spirituall gouernment which is peculiar to Bishops there is also another part of gouernment giuen to Bishops which commeth from Princes which Constantine first gaue as hereafter we shall declare Of this Chrysostome saith I am vero pars illa quam Episcopum tractare in iudicijs conuenâ—…t infinita odia infinitas offensiones parit quae ipsa praetâ—…r quam quod negâ—…tijs quamplurimis plena est tam multas etiam difficultaies affert quam multas ne forenses quidem iudices sustinent and much more to the same purpose Augustine complaineth that he was too much troubled with these matters of iudic ture And Synosius professeth that he can not attend both businesses Antiquum tempus saith he tulit eosdem sacerdoâ—…es iudices eâ—…nim Aegyptij Hebraeorumque gens multum temporis â saceraotibus gubernata est and a little after Non condemno Episcopos qui versantur in negotiis c. Si qui vero sunt qui à rerum diuersarum aggressione non laeduntur illi for sitan possunt simul â—… fungi ciuâ—…tatibus praeesse In all these parts of Episcopal Iurisdiction which either by Apostolicall right or institution or by the fauour of Princes haue beene giuen to them the Pope hath intruded like a Foxe and maintaineth his intrusion like a Lion For as Christ left an equalitie and paritie among his Apostles often affirming and confirming that one of them should not be greater then another and yet the Apostles were in gouernement aboue other Ministers and that by the institution of Christ himselfe For the Lord after that he had chosen his twelue Apostles did chuse also seuentie Disciples and sent them two and two bâ—…fore him into euery citie where he himselfe should come saith S. Luke then Christ himselfe is the authour of this order in the Church which the Church hath since that time euer held the Bishops succeeding the Apostles as the inferiour Pastors succeeded the seuentie Disciples So the Apostles after them left the like equality among Bishops that one of them should not bee aboue another and yet Bishops in gouernment aboue other Ministers for Iurisdiction was neuer in the multitude but in gouernours the Bishops theÌ„ being the gouernors after the Apostles the like IurisdictioÌ„ was in all As Cypr. saith Episcopatus vnus est cuius à singulis pars in solidum tenetur And Hierom saith Vbicunque fuerit Episcopus siue Romae siue Eugubij c eiusdem meriti eiusdâ—…m est sacerdotij Which power in Bishops the Pope hath by surreption drawen to himselfe and now out of his fulnesse imparteth to Bishops at his pleasure as if hee were the fountaine of Iurisdiction 13. As thus he hath drawen their auncient right from Bishops so hath he drawen from Temporall Princes that which of auncient right was theirs we shall better vnderstand what he hath taken from Temporall Princes if we consider the true limits beâ—…weene the power of Princes and the power of the Church We say therefore that the Iurisdiction of the Church was neuer extended to coactiue power because God hath giuen all coactiue power to the Ciuill Magistrate to whom hee hath committed the sword And as coactiue power belongeth not to the Church so neither dooth it belong to the power of the Church to erect or establish to dissanull or dissolue this coactiue power as the Pope pretendeth to doe by excommunication deposing Kings and freeing their subiects from their faith and allegeance This dissolution of coactiue power cannot belong to the Church because this is both Temporall and coactiue the power of the Church being Spirituall cannot bee called either Temporall or coactiue Now that the power exercised by the Pope in excommunication is Temporall and coactiue is the graunt of Bellarmine for hee saith that the Church of old did not depose Nero Diocletian Iulian â—… c. Quia deerant vires temporales then he graunteth that in this present practise of the Popes there are vires temporales what is this but temporall coaction The Church in old time had all that power which Christ committed to his Church but then by the confession of Bellarmine the Church had no coactiue power therefore this coactiue power which the Pope vseth by Temporall force in deposing of Kings was not by Christ graunted to his Church And if we should yeeld Temporall coaction to the Church what power is left to the Magistrate Thus we see the auncient hedge is plucked vp and the bounds are chaunged which of old stood betweene these two powers Ciuill and Spirituall 14. Against this disordering of the auncient bounds wee haue the words of our Sauiour Christ. My kingdome is not of this world i f my kingdome were of this world my seruaunts would surely fight that I should not bee deliuered c. But because when these wordes are vrged against our aduersaries they looke ascant vpon them as if they touched them not Let vs consider how the kingdome of the Pope and his pretended Iurisdiction in deposing of Kings is vtterly ouerthrowen by these words which declare the power properly belonging to Christs kingdome that is to his Church Christ aunswereth heere to Pilats question Verse 33. Art thou the King of the Iewes By which question it appeareth there was some suspition and feares that Christ pretending for a kingdome might conspire against the state and worke the trouble and dissolution of the gouernment established For as Herod when he heard that Iesus was borne the King of the Iewes was troubled and all Ierusalem with him and entred into such feares and suspition that mooued him to kill all the young children from two yeeres old and vnder so the high Priests suggested the same suspitions to Pilate From this ground riseth this question of Pilate Art thou the King of the Iewes To this he aunswereth my kingdome is not of this world From which aunswere applied to such a question these positions issue It is against the nature of the kingdome of Christ to worke any trouble to the kingdomes of the world And that kingdome which worketh trouble to the kingdomes of this world is not the kingdome of Christ. Christs kingdome which is not of this world is his Church which is in this world but not of this world as himselfe saith If you were of this world the world would loue her owne but because you are not of this world but I haue taken you out of this world therefore this world hateth you Then we reason thus The gouernment of Christs Church breedeth no trouble
Theodoret rehearseth a Dialogue betweene Constans the Emperour and Liberius Bishop of Rome who afterward for feare and through weakenesse and irksomnesse of his exile was drawen to subscribe to Arianisme as witnesseth Hierom Ruffinus Platina and other In that Dialogue these words are worth the noting Constans willing Liberius to forsake the Communion with Athanasius and to condemne him Liberius his answere is Ecclesiastica iudicia cum summa iusticiae obseruatione fieri debent quare situae pietati places iudicium cogi impera vbi si damnandus Athanasius videatur sententiam illum ordine modoque Ecclesiastico feratur nam fieri nequit vt condemnetur à nobis de quo iudicium datum non sit That is Ecclesiasticall iudgements ought to proceed with exact obseruation of iustice Therefore if it please your Godlinesse command a Councell to be called wherein if Athanasius seeme worthy to be condemned let sentence passe against him in Ecclesiasticall order and manner For it cannot be that by vs hee should bee condemned seeing wee haue no authoritie to iudge him The Bishop of Rome here confesseth first That Iudicia Ecclesiastica Ecclesiasticall iudgements are to be appointed and established by the Emperour then he graunteth him Ecclesiasticall Iurisdiction and granteth that to call a Councell belongeth to his Iurisdiction Secondly the Emperour cannot make a man an hereticke but this must be done by a Councell or by the iudgement Ecclesiasticall This being a thing not of coactiue Iurisdiction but of knowledge in the word of God Thirdly the Bishop of Rome renounceth all right and authority of iudicature vpon Athanasius therefore in those daies hee had no Iurisdiction ouer other Bishops 6. This mixt Iurisdiction which now is practised by Bishops began in the time of Constantine So Nicephorus witnesseth Constantinus Clericos omnes constitutione lata immunes liberosque esse permisit iudiciumque iurisdictionem in eos Episcopis si ciuilium iudicum cognitionem declinare vellent mandauit quod Episcopi iudicassent id robur autoritatem sententiae omnem habere debere decreuit That is Constantine by an edict graunted the priuiledge of immunity to all Clerkes and graunted to Bishops iudgement and Iurisdiction ouer Clerkes in case they would decline from the courts of ciuill Iudges and he decreed that whatsouer the Bishops iudged that should stand in all strength and authority of a decree Sozomen declareth by what occasion it grew first For some began then to appeale from ciuill iudgements to Ecclesiasticall and some Bishops receiued the appellations which thing being approued by Constantine gaue great authority to this kind of Iurisdiction Episcopi saith he in causis ciuilibus sententias pronuntiarunt si qui à iudicibus ciuilibus ad eorum autoritatem appellassent Quam rem propter venerationem Episcoporum adeò approbauit Constantinus vt ratas haberi pâ—…tioresque quam aliorum iudicum sententias nec minus quam ab ipso imperatore essent pronunciatae per Magistratus milites Magistratuum ministres ad effectum perduci lege edixerit That is Bishops pronounced sentence in ciuill causes if any appeaed to them from ciuill Iudges This thing for the reuerence of Bishops Constantine approued so much that hee ordained by Law that these iudgements should be ratified and of greater authority then the sentences of other Iudges yea to be held of â—…o lesse force then if the Emperour himselfe had pronounced â—…hem so to be executed by the Shriefs their seruants 7 By which it appeareth that these courts with this Iurisdiction were vnderstood then no other then the Emperours courts The Emperour graunteth this Iurisdiction saith Nicephorus the Emperour ratifieth these iudgements saith Sozomen the Emperour commaundeth that the sentence of the Bishop should be euery where receiued as if it proceeded out of his owne mouth Which words are well to be obserued For the Emperour commaundeth not that the Bishops sentence should be receiued as a diuine sentence but only as an humane not as proceeding from the mouth of God but as proceeding from the mouth of the Emperour Now if these Courts were then so euidently proued to be the Emperours Courts our aduersaries may acknowledge their owne ignorance folly who make declamations and many idle discourses without solid proofe against them that call Ecclesiasticall Courts the Kings Courts as if this were a thing new strange and neuer heard of before these late yeares Their error is that common Sophisme which filleth most of their bookes which Aristotle calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 compounding confounding those things which we distinguish and which are distinct in nature For in this word of Iurisdiction they confound these two distinct things both that which is spirituall Iurisdiction yeelded by vs the right of the Church and all that also which Princes haue giuen to Ecclesiasticall Courts such as these priuiledges which Constantine gaue to Bishops Courts and other Princes since haue continued and enlarged If these things be not distinguished the truth can neuer appeare in this question by this the Reader may vnderstand who they are that hide and deface the truth by new varnishing of olde rotten Sophismes 8 Then all coactiue Iurisdiction came into the Church from the authority of Princes for as the power of the Church is internall and spirituall so externall and coactiue power was the right of Princes To this purpose Eusebius reporteth a speach of Constantine at a banquet calling himselfe a Bishop for things externall as they were for matters internall His words are these Vos quidem eorum quae intus sunt in Eccle sia agendâ—… ego vtro eorum quae extra hanc sunt Episcopus à Deo sum constitutus And whereas Iurisdiction is best knowne by appellations it hath been often seen that froÌ„ the Pope men haue appealed to a councel as hereafter we are todeclare but from a councel we find no appellation to the Pope but to the Emperor for some personall wrong Athanasius being vniustly condemned by the Synod of Tire appealed to Cinstantine as Socrates witnesseth In like sort Flauianus appealed to the Emperour when the Synod of Capua had referred his cause to Theophilus and the Bishops of Egypt Yea the heretiques themselues in those dayes knew no means to appeale from the Emperour Augustine saith that Donatus did still appeale to the Emperour being condemned by the Bishops and by Synodes And so religious were these auncient Bishops in preseruing the Emperors Iurisdiction and yet maintaining the truth without feare that when they were oppressed by Arians and by the power of an Arian Emperour yet they would vse no other meanes then these direct meanes And therefore the Bishops hauing a purpose to condemne the Arians craued a counsell of Valens an Arian Emperor who granted them a counsell at Lampsacum wherein they condemned the Arian doctrine So that without the Emperour they would not gather a counsell though it were to
conclude directly against the Emperours purposes Thus doth Socrates report the calling of that councell but Sozomen saith it was not obtained of Valens but of Valentinian 9. Besides these publique and generall Synods there were also some more priuate and particular in calling whereof the Bishops had power The Bishop of the Diocesse vsed to call a Synod of his Clergy but could proceed no farther Prouinciall Synodes were called by Metropolitanes but in a generall Synod of many Nations the Emperour had alwayes the right of calling it as a King hath the onely right of calling a Synod of those Nations that are vnder his gouernment For as the counsell of Nice was called by Constantine so were all the counsels of these next three hundred yeares called by the Emperours that gouerned at such times Theodosius gathered the councell of Constantinople against the heresie of Macedonius in the third yeare of his raigne which was the yeare of Christ 383. saith Prosper The councell of Ephesus against Nestorius was gathered by the authority of Theodosius the younger and the fourth generall councell at Chalcedon by the authority of Martianus and Valentinianus Emperours Leo the first was a great man in these affaires and hee is the fittest to certifie vs of the truth against whose witnesse our aduersaries haue no reason to except This Pope then writing to the Emperour Theodosius saith Pietas vestra apud Ephesum constituit Synodale concilium And afterward declaring his obedience and conformity thereto saith Meum studium commodaui vt Clementiae vestrae studijs pareatur And againe Ne autem pijssimi Principis dispositioni nostra videatur praesentia defuisse fratres meos misi c. he hath the same also Epist. 23. ad Theodosium Againe hee writeth to Pulcheria to moue the Emperour to command a councell to be holden within Italy declaring that he wrote to the Emperour to intreat the same Which thing hee moueth also in other Epistles And though he much desired this that the Emperour would haue beene intreated to hold a councell within Italy yet could he not obtaine it and therefore was ready to obey the Emperour attending his pleasure therein who appointed it in another place 10 Which thing we obserue the rather because our aduersaries oflate haue yeelded this as a proper right to the Pope to call councels Catholici munus conâ—…andi concilia generalia saith Bellarmine ad Romanum pontificem propriè pertinere volunt And when they are driuen by these open and euident testimonies they shift it thus as to say another may doe it by the Popes consent but if the Pope neither appoint the place nor no other by his commaundement or consent then it is no councell but a conciliable These bee vaine and friuolous shifts of Friars For it is true that the Popes consent was to these auncient councels but no otherwise then as the consent of all other Bishops They consented because they could not chuse because they were resolued to be obedient but they could not appoint either place or time For Leo could not haue it where hee would but it was where and when the Emperour appointed 11 Before the councell of Chalcedon there is the Writ of the Emperours Valentinian and Martian called Sacra to call Bishops to Nicaea But another Sacra is sent to reuoke that and to call them to Chalcedon So that all this while the Emperors rule as those that haue Ecclesiasticall Iurisdiction They call councels they punish offenders of the Clergy they establish Ecclesiasticall Courts they are acknowledged the nourcing Fathers of Religion the keepers and preseruers of both Tables and of the discipline of the Church And therefore Leo writing to Constantinus Emperour who called the sixt Synod saith thus Cognouimus quod sancta vniuersalis maxima sexta Synodus quae per Dei gratiam imperiali decreto in regia vrbe congregata est c Wee know that the holy and vniuersall great sixt Synod which by the grace of God is called and gathered by the imperiall decree in the imperiall City c. And a little after Pietas vestra fructus misericordiae potestas custos disciplinae Your godlinesse is the fruit of Gods mercy your power is the keeper of discipline And againe Nec enim minor regnantium cura est praua corrigere quam de aduersarijs triumphare quia einimirum potestatem suam seruiendo subijciunt cuius munere imperare noscuntur c. Vnde diuinitus praordinata vestra Christianissima pietas c. Caput Ecclesia Dominum Iesum Christum veram pietatis regulam amplectendo c. For Gouernours ought to haue no lesse care to correct vngodly things then to triumph ouer their aduersaries for they submit their power to his seruice by whofe power they are knowne to rule c. Therefore your most Christian zeale preordained of God c. acknowledging our Lord Iesus Christ the true rule of godlinesse to bee the head of the Church Wherein the Bishop of Rome doth acknowledge first that the generall councell is to be called onely by the authority of the Emperour imperiali decreto Secondly that the Emperours power is such a power as is custos disciplinae Hee speaketh here in an Ecclesiasticall cause and of Ecclesiasticall affaires Now that power which is custos disciplinae Ecclesiae what is it but Ecclesiasticall Iurisdiction This word Iurisdiction was not then worne in such vse as now it is but we see the auncients vse words counteruailing it The Bishop of Rome acknowledgeth Ecclesiasticall power and Iurisdiction to be in the Emperour when hee yeeldeth him such a power as is preseruer of the discipline Ecclesiasticall Thirdly he confesseth that the care of the Church Church-gouernment for establishing the truth doth no lesse belong to the office of a Prince then to triumph ouer his foes in warre Fourthly the Bishop of Rome as then acknowledgeth no other head of the Church then Iesus Christ as appeareth by his words To the same purpose Saint Augustine saith Diuinitus praecipi regibus vt in regno suo bona iubeant mala prohibeant non solum quae pertinent ad humanam societatem verum etiam quae ad diuinam religionem Contra Crescentium li. 3. cap. 51. That is Kings are commaunded to estalish good things and prohibite euill in their Kingdomes not onely in things belonging to Ciuill societie but in such things also that belong to diuine Religion Gregorie the great following the footsteppes of his Fathers yeeldeth the fame authoritie to the King For writing to Theodoricus King of France he saith Iterata vos per vestram mercedem adhortatione pulsamus vt congregari Synodum iubeatis This part of Iurisdiction for calling of Councels is so fully confirmed to be the Emperours right by the Aunceants that Cardinall Cusanus sure no Lutheran disputing of this priuiledge concludeth from the confessed testimonies of the Aunceants these two things First That Emperours
quarrell I purpose to handle and discusse in the next Chapter in his proper place Theodoricus de Niem writing of this councell and of the end and purpose of those that held it saith that this Synod was gathered purposely to search out the auncient vses lawes and customes of the Empire and Church that each power knowing their owne limits the one might not encroach vpon the other Celebrata est saith he ab 153. viris religiosis Episcopis Abbatibus c. ab vniuersis regionibus et oramibus almae vrbis à cuncto etiâ—…m Clero huius sanctae Rom. Ecclesiae ex quirentibus vsus leges mores eiusdem Ecclesiae et imperij That is It was celebrated by one hundred and fifty three religious men Bishops Abbots c. by all the regions and degrees of the City of Rome by all the Clergy of this holy Church of Rome making search and inquisition for the vses lawes and customes both of this Church and of the Empire Then we see that Charles recouered some part of the auncient Iurisdiction of the Empire Which notwithstanding since his time the Popes by inuincible contentions wrested from the Emperours chalenging it to be a part of their owne Iurisdiction and charging the Emperours with Heresie and Schisme for practising that right which other Popes before them acknowledged to bee the auncient right of the Empire 14 And because to the Iurisdiction of Princes it belonged of olde both to call councels and to confirme them therefore Charles did not omit this part of Iurisdiction though as the euent declared it was much against the Popes pleasure He called a Synod at Frankford wherein was condemned the doctrine of worshipping of images which doctrine the Pope had late before confirmed The occasion hereof grew thus Leo Isaurus Emperour being much offended that the Saracines had that great and iust exception against Christians that they worshipped images called a Synod at Constantinople wherein the worship of images was condemned and the images burned He sent also to the Bishop of Rome as then Gregory the second commaunding him to doe the like if he would haue his fauour saith Paulus Diaconus Gregory the second tooke this in suâ—…h indignation that he rebelled against the Emperour and raised all Italy into a rebellion by which meanes the Emperour lost all that then was left in Italy Gregory the second in the middes of these stirres died and Gregory the third succeeded who prosecuting the purpose of his predecessour called a Synod at Rome in the yeare seuen hundred thirty three by Sigebert seuen hundred thirty nine by Palmerius In this Synod the doctrine of worshipping images was confirmed Leo the Emperor was excommunicated and depriued Thus began the Pope to practise a new Iurisdiction in deposing Emperours After this Constantine sirnamed or rather nick-named Copronimus in the yeare of Christ saith Sigebert seuen hundred fifty fiue called a Synod at CoÌ„stantinople wherein the worship of images was againe condemned But another Synod was held at Rome by Pope Stephen the third in the yeare of Christ seuen hundred threescore and eight wherein the worshipping of images was againe approued Which was more famously confirmed in the yeare of Christ seuen hundred foure score and eight by another Constanstine and his mother Irene who called the second Nycen Synod wherein Imagerie preuailed much by the helpe of Pope Hadrian 15. Vpon these stirres Charles the great was moued to call a Synod at Franckford Thither sent Pope Hadrian the acts of the second Nicen Synod to be approued there and to direct this Synod at Frankford if they would take any direction from the Pope But the Fathers of this Synode not regarding the Popes direction tooke a meane course betweene the Greekes who destroyed and defaced images and the Church of Rome which maintained the worship thereof For they decreed that it was not impious to set vp images but to giue any worship to them this they held to be vtterly against Christian faith and to be a thing receiued from the superstition of the Gentiles This Synod was called and confirmed by Charles the great Then belike the Pope had not gotten all Iurisdiction ouer Kings which now he claimeth For the Emperour called Synods not the Pope Neither as then had hee gotten Iurisdiction ouer all Bishops because we see many Bishops were found in Germany France Aquitany and England for all these Nations Charles nameth in his letter to Elepandus Metropolitane of Tolet as fauouring and maintaining the trueth against the worship of images which resisted the Pope in this matter so that his great and soueraigne Iurisdiction was not then established 16. About this time that most worthy most religious and learned King Alfred raigned in England Aser Meneuensis writing his life entituleth him Omnium Britanniae insulae Christianorum rectorem Which title doth not much differ from that which is now in part giuen to the King supreame Gouernour of all persons Ecclesiasticall For whereas at this day the discipline of the Court of Rome exempteth Clerkes from the Kings Courts and consequently from the Kings gouernment it appeareth that in King Alfreds time this thing was vtterly vnknowne to the world therefore this King is called and acknowledged to bee the Gouernour of all Christians within his dominions Now because Bishops and Clerks were Christians he was hereby questionlesse vnderstood the gouernour of Clerkes aswell as of others As then all forraine gouernement and Iurisdiction was excluded by that title so nowe there is no other thing sought but in like sort to exclude all forraine power and Iurisdiction whether the Popes or any other At this time whe n King Alsred liued and raigned the sense iudgement and vnderstanding of the world was no other but that Kings were supreme gouernours of all persons and caufes Ecclesiasticall and Temporall within their owne Dominions Ivnderstand gouernment here as throughout this question I haue often admonished gouernment or power coactiue for this exemption of criminous Clarkes from their Kings Courts was a thing vnknowen in the world in those dayes And therfore whereas it is commonly taken by our aduersaries who vse to begge such principles as they cannot prooue that the religion sense and iudgement of the world ranne wholly for the Iurisdiction which now is practised in the Court of Rome this wee vtterly denie For we are able to shew when the sense iudgement and religion of the Church was against them in euery part of their pretended Iurisdiction For first whereas the Pope claimeth Iurisdiction ouer Bishops this is one part of his Iurisdiction and is now the sense and iudgement of the Court of Rome but in the times of the sixt and seuenth Carthaginian Councels of the Affrican and Mileuitan Synodes at this time I say and alwayes before the religion sense and iudgement of the whole world ran contrary If any obiect that these were not generall Councels but prouinciall I
Dominion of Sicily for which hee was also excommunicated by the Pope and deposed After him Conradus sonne to Frederic the second obtained the Kingdome of Sicily and Apulia for which Pope Innocent the fourth deposed him from the Empire and set vp Guilliaâ—… Lantgraue of Thuring commanding the Princes to make choice of him Conrad being excommunicate and deposed maintained his right by strength of armes but was secretly taken away by the practise of poison This was supposed to be the practise of Mamphred 131. Mamphrâ—…d the bastard sonne of Frederick the second tooke and held possession of these Kingdomes after the death of 〈◊〉 Tâ—…is man was also excommunicated by the Pope and deposed the Pope seeking alwaies to bring this Kingdome vnder the obedience of the Church of Rome Pope Urâ—…an the fourth a French-man borne finding his owne power too weake to effect this Mastery ouer Sicily and Apulia gaue these Kingdomes which neuer were his to giue to Charles brother to the French King Lewes the ninth who was called S. Lewes This was the beginning of those troubles which afterward brought so great warres and bloud-shed and thereby wel-nigh the vtter ruine of Italy Charles King of Sicily and Conradinus 132. FOR Charles comming with an Army into Italy at the Popes motion ioyning battell with Mamphrâ—…d ouerthrew him and slew him in battell neare to Beneuentum Pope Clement the fourth succeeding Vrban the fourth vnderstanding that after the death of Mamphred Couradinus the sonne of Conradus then but yong prepared forces in Germany to recoâ—…er his inheritance of Sicily made Charles brother to the French King the Vicar of the Empire to giue him â—…trength against Conradinus and wrote Letters to all Christians forbidding all men to write to Conradinus as to the King of Sicily And to the Princes of Germany hee wrote likewise forbidding them vnder the terrible paine of excommunicatiâ—… to chuse Conradinus Emperour by which meanes the 〈◊〉 was without a Soueraigne Magistrate for the space of two and twenty yeares In which time Alphonsus King of Spaine and Richard Earle of Cornewall brother to Henry the third King of England contended for the Empire These had the titles of the Emperour bestowed vpon them by their friends but the Emperour was not placed till Rodolph Count of Habspurge was chosen In the meane time Charles grew strong in Italy being made by the Pope Vicar generall of the Empire 133. When Conradinus vnderstood thâ—…se practises of the Pope against him perceiuing that the Popes had a resolution to roote out the seede and vtterly to extinguish the blood of Frederic he wrote a lamentable Epistle deploring his owne fortunes and the Popes iniquities Innocent the fourth saith he hath ouerthrowne me an innocent man for Conradus my father King of Sicily left me yong and tender in the custody of the Church then Pope Innocâ—…ntins pretending my wealth professing himselfe a trusty Tutor inuaded the whole Kingdome and when once he had gotten the possession thereof he sought vnmercifully to extinguish my name and blood deuiding my lands and Countries and distributing the same among his owne kinsemen and Nephewes After his death Alexander succeeding inuited others into the possession of that Kingdom excluding mâ—… After his death Vrbanus dealt very inurbanâ—…ly for hee drewe Mamphred in excluding my selfe the true heyre The same Pope disanulling that match with Mamphred drew Charles to vndertake thâ—… businesse against my selfe After his death Clement vsed all indemency against me setting vp another King and not content herewith thundreth out his Processes against me thinking it a small matter that against God and against Iustice he hath robbed me of my Kingdome vnlesse he proceede also to take the title from me Last of all he hath established Charles Vicar of the Empire to preiudice and defeat me by all meanes Thus doth he complaine by which complaint we may vnderstand somewhat of the Popes purposes Conradinus gathered an Army and came into Italy the Pope as he passed by 〈◊〉 fome doe witnesse did prophesie his death which was not 〈◊〉 for him to doe when hee had so strongly prepared the meanes thereof Conradinus therefore was ouerthrowne by Charles and so was all the bloud of Frederick And thus was that noble line of the Dukes of Sueuia vtterly extinguished 134. When Charleâ—… had at the Popes suggestion made this distruction in the house of Sueuia the Popes not knowing how to liue in peace and quietnesse began to turn their malice vpon Charles And first Pope Nâ—…cholas the third onely fearing that Charles should be too great in Italy hauing no quarrell against hiâ—… tooke from hiâ—… the oâ—…fice of Deputy of Hetruria pretending that Râ—…dolph Emperour was therewith so much offended that vnlesse Charles would deliuer vp into his handes that regiment he would not vndertake the iourney to the holy land seâ—…ing that place belonged to the Emperour by right But when the Pope had gotten this both from the Emperor from Charles together with 〈◊〉 〈◊〉 the Exarch of Rauenna he kept all saith Platina in his owne custody and thither he sent his Nephew Thus must all the world be troubled that principalities may bee procured to the Popes bastards This â—…ope saith 〈◊〉 had a desire to create two Kings in Italy of the Vrsini one of Hetruriâ—… against the French forces now placed in Sicily and Naples the other to be King of Lumbards against the Germanes and imperiall forces But first for the more speedy ouerthrow of Charleâ—… whom the former Popes had drawen into Italy as into a trap he conspired against him labouring by all his power to throw him out and therefore gaue his Kingdomes to Peter King of Arragon The great offence between Pope 〈◊〉 and Charles grew saith 〈◊〉 qâ—…ia 〈◊〉 aâ—…entiri noluit vt suâ—…s consanguineus contraheret cum 〈◊〉 Pontificis Charles would not agree that his kinred should match with the Popes kinred Pâ—…ter King of Aragon 135. PEter King of Aragon being thus drawne in to the quarrell of Sicily by Pope Nicholas the third For saith Naucler the Pope perswaded Peter to take the Kingdom of Sicily in the right of his wife Constance who was the daughter of Mamphred and Niece to Conradinus brought an Army into Sicily and inuaded the Kingdome But Martin the fourth who succeeded Pope Nicholas excommunicated Peter deposed him depriuing him also of the Kingdome of Aragon Thus were these Princes first drawne into bloudy wars by the Popes who sometimes inuited them and laughed vpon them as louing friends sometimes plunged them in bloud as taking a delite in their destruction Let the Princes of Christendom once awake and consider the sauage nature of this wilde beast that is not onely drunk with the bloud of Saints but fed also fat with the bloud of Princes Thus the Popes filled all Christendome full of bloud with their excommunications Are these Christs Vicars are these the censures of Christes Church Martin then excommunicated Peter gaue
〈◊〉 legâ—… aliqâ—… obligarentur 〈◊〉 〈◊〉 is aut institutis Ecclesia vel 〈◊〉 Râ—…manorum plusquam â—… 〈◊〉 〈◊〉 〈◊〉 â—…e 〈◊〉 rationabili 〈◊〉 qua fideles in vnitate amplius seruabantur eo quod tune fideli 〈◊〉 legislatore ipsos in ordine reducente 〈◊〉 in vâ—…itate seruante c. That is Albeit about the beginning of the Church other Bishops and Churches of beleeuers were not bound by any diuine or humane law to obey the mandates of the Church or Bishop of Rome rather then the contrary yet this profitable and reasonable custome preuailing by which beleeuers were better kept in vnitie because they wanted then a Christian Magistrate to reduce them to order and preferue them in vnitie therefore they were afterward bound as by a diuine law to this obedience in things honest and lawfull 11. But because the Popes and their flatterers did couer all their practiseâ—… with plâ—…nitudo 〈◊〉 as with a mist therfore he doth with great light of learning and truth dispell that mist This saith hâ—… is Loâ—…us 〈◊〉 â—…nde etiaÌ„ paralâ—…gismus quâ—… reges principantes â—…o singâ—…los coactiua 〈◊〉 〈◊〉 subiectos 〈◊〉 〈◊〉 trâ—…xit origineâ—… That is This is a Sophisme whence that Paralogisme drew his beginning by which they striue to draw Kings and Princes and all other vnder their subiection by coactiue Iurisdiction And therfore iâ—… he belaboreth exâ—…ctly and at full to open this fallacion of fulnesse of power the suâ—…e whereof is this By a pretended fulneâ—…e of power the Pope wiâ—…hout ground or reason onely led thereto by pride and ambition intruded vpon the right of Iesus Christ and vpon the right of the Church and vpon the right of Temporall Princes wresting all authority to himselfe this he calleth fulnes of power â—…or iâ—…by fulnes of power be vnderstood tâ—…at power wherby all men and all creatures are commanded and directed to what end the commauâ—…der will this power is giuen onely to Iesus Christ and to no other man according to that Scripture all power is giueâ—… vnto me in heauen and in â—…arth But if by fulnesse of power be vnderstood power to preach to excommunicate to binde to loose to interpret Scripture to determine controuersies this power is in the Church partly in Bishops partly in doctors partly in Councels and not more in the Pope then in another Bishop Last of all if by this fulnesse of power be vnderstood Soueraigne Iurisdiction coactiue then it is in Temporall Princes Marsiliuâ—… maketh moe parts hereof bâ—…t I draw him summarily and presume that to these three heads all that he saith may be reduced 12. And therefore whereas the Pope claimeth such â—… power intruding vpon the right of each of these he saith Ex vnâ—… 〈◊〉 in 〈◊〉 â—…ransiuit Romanâ—…s 〈◊〉 Thâ—…t is The Pope hath from one presumption passed into another The same Author declareth how the Popes proceeded in these their incroachings vpon Iurisdiction First saith he they made some constitutions to gouerne the Clergie then they proceeded by way of exhortâ—…tion intreaty to perswade the laitie to keepe fastes to abstaine from meats When they saw that laymen did willingly receiue suâ—…h obseruations theÌ„ they proceeded to ordaine the same things as laws to denounce excoÌ„municatioÌ„ against the transgrâ—…ssours thereof And all this was done saith he Suâ—… 〈◊〉 diuinâ—… culâ—…us speciâ—… That is Vnder a shewe of godlinâ—…sse and the worship of God The same Author addeâ—…h Cresâ—…ente autem 〈◊〉 ipsis appâ—… 〈◊〉 ampliâ—… domiâ—…di attendentibâ—…s deuotoâ—… fideliâ—… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ignauiaâ—… diuinâ—… 〈◊〉 〈◊〉 qui ad â—…a 〈◊〉 sacerdoteâ—… indicebantur obligari credebanâ—… 〈◊〉 〈◊〉 aeternâ—… praesumpseruâ—…t 〈◊〉 Episcopâ—… Romaâ—…i cum suo clericoruâ—… coetu â—…ligarchica quaedam edicta 〈◊〉 〈◊〉 actus 〈◊〉 c. That is But as the appetite of ruling farther continually increased in them when they sawe that deâ—…ote Christians were kept in feare with such proceedings through slothfulnesse and ignorance of Gods worship which Christians ignorant thought themselues bound vnder the paine of eternall damnation to all that was inioyned them of the Priests then the Bishops of Rome with their Clergie presuming further made certaine Oligarchicall Edicts concerning ciuill actions Thus saith hee the Bishoppe of Rome began first to practise expemptions And that hee might draw a number of the Laiety into the loue of those practises he extended these exemptions to diuers companies of Lay persons and so defrauded the Magistrate of due honour and obedience and brought in that confusion whereof the same Authour complaineth thus Hâ—…c est pestilentiae Italici regniradix origo ex qua cuncta scandala germinauerunt prodeunt c. Qua stante nunquamciuiles ibidem cessaâ—… discordiae pâ—…testatem enim hanc ad quam paulatim latenti prâ—…aricatione subintrauit ex consuetudine aut abusione verius dudum detinuit Rom. Episcopus eandem sibi per principem reuocari formidans merito propter commissos excessus creationeâ—… atque 〈◊〉 Rom. Principis omni maligna sollicitudiâ—… vitat That is This is the roote and fountaine of the pestilence which troubleth the Empire from whence all scandals growe and proceede and which standing ciuill discords shall neuer cease in Italy for the Pope fearing that this power may be reuoked by the Emperor and that deseruedly for the excesse committed therein into which power he hath by little and little stolne by secret preuarication of custome or to say more truely of abuse hauing holden it some while he hindreth the creation and promotion of the Emperor by all malice and spite Wherupon saith he some Popes haue broken out into such impudency as in their Decretals is to be seene that they aâ—…ouch that the Emperor is bound to them in an Oath of Alleageance as if the Emperour were vnder them subiected by coactiue Iurisdiction 13. Then Marsiliuâ—… hath discouered the reason why the Popes haue so much opposed themselues against the Emperors to be because they were affraid least the Emperours should call them to a reckoning for their Exemptions for the abuse of their excommunications for intruding themselues into the office of the ciuill Magistrate and taking a newe authority vpon themselues from themselues without warrant of the Emperour This is that thing which caused them to stirre so much against Emperours and at last to procure the decay of the Empire so much as at this day they haue made it so weake that now they are out of the feare thereof Other things for breuities sake I omit this is sufficient to vnderstand what reason learned men had then to withstand the Popes Iurisdiction This booke of Marsilius was neuer answered and hereafter is not like to be But Iohn the two and twentieth against whom this booke was intended did in stead of aunswering condemne this worthy Writer which thing was much more easie for him to doe §. II. William Occham and Michael Cezena 14. BVT the truth could not be suppâ—…ssed
pulled from him and when Princes take their owne right in temporalties and Councels in spirituall Iurisdiction the Bird will be left naked betweene them that was so glorious with the feathers of others 34. Before the time of the Councell of Trent this hath bin alwaies acknowledged and preserued a trueth in the Church that the authority of a Councell is aboue any particular whatsoeuer whether he be the Bishop of Rome or any other This was neuer once brought in question the first thousand yeares but when the Popes had framed a Ladder of their supposed Iurisdiction to clime aboue Princes and Friars began to puffe vp the Sailes of the Popes pride by the winde of their flatterie then began some question to bee made of the authority of a Councell The Friars hoisted vp the Pope aboue the Councel but there were alwaies in the Church of Rome some remaining yea a great number and sometimes as the best part so the strongest who held and maintained the auncient true Iurisdiction of a lawfull free generall Councell to be aboue the Pope and to haue authority to depose the Pope or otherwise to censure him as in their wisedome they thought meete This question of the Iurisdiction of a Councell had often beene moued as we finde by the appeales of Emperours and Kings and others from the Pope to a generall Councell but it came not to be put in execution before the Councell of Pisa which was gathered vppon this occasion 35. After a â—…ong schisme in the Church of Rome Gregory the twelfth was chusing during the schisme Gregory tooke an Oath as soone as he was elected to take away the schisme by all possible meanes and wrote to Benedict the thirteenth inuiting him to a mutuall abdication for peace Benedict returned an answere to the same words backe again As the Popes colluded together without any sincere purpose of abdication the question began to be mooued of the authority of the Church which might order them both because the Church is aboue all euen the Popes are subiect to this power and therefore it was thought fit that a generall Councell should be called representing the Church of these Westerne parts The Councell was summoned to meete at Pisa the Bishops Prelates and Princes being orderly summoned and meeting heere in the yeare one thousand foure hundred and eight proceeded against both the Popes deposed and depriued them condemning them both for Heretickes and Schismatickes commanding all Christians not to take them for Popes or yeelde obedience to them In this Councell there was great disputation of the authority of a Councell and it was determined none contradicting sayeth mine Authour that the Councell had authority to depose the Popes persisting in a scandall and to chuse another This was the ground and occasion of calling the Councell of Constance not long after this 36. This Councell of Pisa is much commended by Iohn Gerson and by the Councell of Constance as the same Authour Gerson doth witnesse Where he saith also that the Church of England sent learned men to that Synode at Pisa who as they came through Paris were entertained with an Oration of the same Gerson then Chauncellor of the Vniuersity of Paris declaring the consent of that Vniuersity with them Then wee haue the Councell of Pisa and herein the iudgement of the Church of England concurring with many other Churches against the Popes Iurisdiction The same will likewise appeare by the Councell of Constance 37. The Councell of Constance was called by the commandement of Sigismund Emperor in the yeare one thousand foure hundred and fourteene for the same end For the Synode of Pisa had deposed the two Popes that maintained the schisme and chosen a new Pope Alexander the fift but the other two helde their places by force and there were now three Popes after Alexander 5. death Iohâ—… the three and twentieth was chosen this man came to Constance and shewed himselfe willing to be deposed so that the other two in schisme might be ordered and pulled downe from the places which they held but this Iohn finding that the Councell had a purpose after that he was deposed to chuse another and not himselfe fled away from the Councell and refused to be ordered by it but hee was apprehended and brought backe againe so his life and conuersation being examined by the Councell he was deposed but when he sent Charles Malatesta to approue the sentence of the Synode and to make for him and in his name a free abdication of the Papacy he died for griefe that Malatesta had performed that commission so roundly and so quickly 38. The other two Popes Gregory and Benedâ—…ct stood vp mainteining the schisme all this while To order them Sigismund Emperor tooke great paines with the Kings of England Fraunce and Arragon Gregory yeelded to be ruled by the Synode but Benedict stood out stiffely a long time who in the end also was depriued and pronounced an Hereticke and Schismaticke It is obserued that there was nothing concluded in this Councell without the consent of the fiue Nations The Synode hauing thus deposed all those other Popes made choyce of Martin the fift And to preuent such schismes and the troubles which grewe by them it was decreed in the same Synode that such Synodes should be often called the first should bee called fiue yeares after this the second seauen yeares after the first the third tenne yeares after the second and so from tenne yeares to tenne yeares continually This order and Iurisdiction of the Church declared in Synodes did so terrifie the Popes that they sought by all meanes to defeat it they could not indure such a Iurisdiction aboue themselues to call them censure them depose them as this Synode had throwen downe three Popes at once Therefore the Popes after this laboured by all meanes how they might oppresse the authority of a Councell which they could neuer doe before the Councell of Trent and all these partes of Christendome on the other side laboured to maintaine the authority of the Councell aboue the Pope 39. For the better confirmation hereof this Synode declareth the authority and Iurisdiction of a generall Councell thus Declarat haec sancta Synodus quod ipsa in spiritu sancto legitimè congregata Concilium generale faciens EcclesiaÌ„ Catholicam representans potestatem à Christo immediate habet cui quilibet cuiuscunque fuerit status vel dignitatis etiam si Papalis existat obedire tenetur in his quae pertinent ad fidem extirpationem dicti schismatis reformationeÌ„ dictae Ecclesiae in capite in membris That is This holy Synode declareth that they being gathered in the Holy Ghost making a generall Councell and representing the Catholicke Church haue power immediately from Christ to which euery man of what sâ—…ate and dignity soeuer though he be a Pope is bound to obey in those things which pertaine to faith and the extirpation of schisme and reformation
reward that is reserued for you you will commaund that a Synode may bee gathered Another part of the office of a Prince is saith he Confirmare custodire in concilijs 〈◊〉 which thing hee proueth by diuerse auncient authorities and concludeth that Emperours haue euer had this authoritie Hee saith that in this thing hee had made diligent search and had found this practise continued in all generall Councels vntill the eight Synode inclusiuely In which search saith hee I finde by the acts of all generall Councels aswell in Chalceon as in Constantinople Nice Ephesus that either the Emperour was present in person or some iudges his Vicegerents and those not aboue twentie seldome fifteene but when the Emperour himselfe was present in person I finde saith he that hee was alwayes Presedent of the Councell no other secular Prince hath right to be present in the Councell sauing the Emperour Vnlesse the Emperour appoint some to be present but being present they haue no voice in the Councell but may sit onely to heare this he proueth by that testimony of Ambrose in the cause of faith Bishops are the iudges and not the Emperours 61. And whereas this auncient Iurisdiction of Princes was so disordered by the Pope that by Papall intrusions and incroachments the Princes had well-nigh lost their right and temporall Iurisdiction turned into spiritual Iurisdiction of this he much complaineth and openeth the true cause of all this disorder to be in the insatiable couetousnes of the Court of Rome for thus he saith Rabidus appetitus ad ipsa terrena Ecclesijs annexa Dominia Episcopis ambitiosis hodie inest c. de temporalibus omnis cura de spiritualibus nulla Non fuit ista intentio Impâ—…ratorum non volebant spiritualia à temporalibus absorberi c. dum vacant Ecclesiae semper in periculo schismat is existunt c. Si perelectionem prouidendum est ambitio procurat diâ—…isionem vâ—…torum Si per curiam facilius persuadetur pro plus offerente omnia illâ—… grauamina adueniunt pauperibus subditis curia attrahit quicquid pingue est id quod Imperium contulit pro Deicultus bono publico ordiâ—…auit sanctissime auaritia cupiditate exorta palleatis rationibus nouis adinuentionibus totaliter peruertitur Imperiale efficitur Papale spirituale temporale That is Such a rauenous appetite is in ambitious Bishoppes at this day toward the temporall Dominions annexed to Churches c. all their care is for the temporalties not for spirituall matters this was not the meaning of Princes they meant not that the spirituall labours should be deuoured by temporalties c. Whilst the Churches are vacant there is alwaies some danger of a schisme c. If they proceed by election ambition procureth a diuision of the voyces If by the Court he that bringeth most is best heard and soonest preuaileth And all these greeuances come vpon the poore subiects whatsoeueris fat and rich the Court of Rome draweth to her selfe and that which the Empire as well for the worship of God as for the publicke good hath conferred vpon the Church and ordeined to an holy end all is vtterly peruerted through filthy couetousnesse and certaine painted reasons and new inuentions are deuised to colour it And thus the Imperiall right is now made Papall and temporall right is made spirituall Then these be the obseruations of the learned men of the Church of Rome long before vs that the Pope had intruded vpon the Emperours right now what soeuer the Pope had once practised that must be called spirituall Thus the Iurisdiction of the Emperor being once by cunning or force wrested from the Emperour being found in the Popes hand it was presently called spirituall Iurisdiction as he doth most truely obserue Imperiale efficitur Papale spirituale temporale 62. By all which we find the iudgement of this man to be directly against the Popes pretensed Iurisdiction and for the right of temporall Magistrates when we finde the Cardinals of the Church of Rome to write thus before the time of the contention and before M. Luther was borne wee are not so much to consider their priuate iudgements in these things as the receiued iudgement of the Church wherein they liued that is the Church of Rome from the iudgement of that Church they departed not but in these things do faithfully deliuer vnto vs the iudgement of the same Church standing against the iudgement of the Pope and his Court consisting of Friars and flatterers Thus we see the cause of the Reformed Churches throughly iustified by this learned Cardinall their separation from the Pope and the Court of Rome warranted because the Pope hath first made the separation from the profession of Saint Peter and from the faith of holy Scriptures and the idugement of auncient fathers In which case he granteth that the Church may depart from the Pope and thereby doth iustifie the separation that is made §. VII Aeneas Siluius 63. AT this time wrote Aeneas Siluius afterward called Pope Pius the second he hath written a booke of the actes and proceedings of the Councell of Basil from which I will note some things wherein the iudgement of this man may appeare concurring with the iudgement of the Church of Rome in his time but repugnant to the Pope and his flatterers First handling that Text Tues Petrus super hane Petram c. he saith thus A quibus verbis ideó placuit exordiri quod aliqui verba hâ—…c ad extollendam Rom Pontificis authoritatem solent adducere sed vt statiâ—… patebit alius est vâ—…rborum Christi sensus That is With which words I thought good to begin because some vse to alledge these words to extoll the authoritie of the Bishop of Rome but as it shall soone appeare there is another sense of Christs words Who are they who in the iudgment of this man do peruert the words of Christ Let the Iesuites aunswere and let them giue vs some reason able to satisfie a man of reason why that cause should not bee helde damnable which is condemned by their owne writers their Bishoppes their Cardinals their Popes Let them not tell vs that this Pope Pius was of another mind afterward when he was Pope and before he was Pope he might erre but after he was once Pope he could not erre these bee plaine collusions of them who write such things and illusions of such as beleeue them For it is not possible that any man should write or speake or thinke such things from conscience Shall I thinke that any learned man can thinke in conscience this to bee true that the Pope cannot erre when I heare the testimonie of the Church so full against it When I heare such as come to be Popes refute it before they come to that place When I heare such as haue beene in the place exclaime in the extremitie of desperation that no man in
IVRISDICTION REGALL EPISCOPALL PAPALL WHEREIN IS DECLARED HOW THE POPE HATH INTRVDED Vpon the Iurisdiction of Temporall Princes and of the Church The intrusion is discouered and the peculiar and distinct Iurisdiction to each properly belonging recouered Written by GEORGE CARLETON IOHN 18. 36. My kingdome is not of this world if my kingdome were of this world my seruants would surely fight LONDINI Impensis Iohannis Norton 1610. THE CONTENTS OF THE SEVERAL Chapters of this Booke THe state of the question CHAP. I. That Kings in the time of the law of nature had all Ecclesiasticall power both of Order and Iurisdiction II. Externall coactiue Iurisdiction is a right belonging to Soueraigne Princes vnder the law III. Externall coactiue Iurisdiction was not left by Christ to his Church nor practised by the Church all that while that the Church was without Christian Magistrates IIII. Of the estate and Iurisdiction of the Church from the end of the first three hundred yeares vntill the yeare of Christ 600. V. Of the estate and Iurisdiction of the Church from the yeare of Christ 600. vntill the conquest of England VI. How the Papall Iurisdiction was aduanced from the time of the conquest and somewhat before vntill the yeare of Christ 1300. conteyning the meanes of raising that Iurisdiction by forgery Friars Oathes and the parts of the pretended Iurisdiction Inuestitures Exemptions lawes imposed Appellation deposing of Kings and absoluing their subiects from faith and Alleageance VII How this Iurisdiction after it was thus declared by the Popes Clerks was refuted by the learned men of the Church of Rome and repressed by Councels VIII TO THT MOST REVEREND FATHER IN GOD MY VERY GOOD LORD THE Lord Archbishop of CANTERBVRIE his Grace Metropolitan and Primate of al England and one of his Maiesties most Honourable Priuie Counsell IOb the man of God most Reuerend Father in God entring into the meditation of the care labor danger and deliuerance that we find in this present life compareth it for danger to a warfare for care and trauell to the dayes of an hireling which estate as euery member of the Church findeth in this life so the same is much more apparant in the whole Church which for the time of her warfare here as she is so is called militant As this assured and expected warfare from the beginning hath kept the Church in continuall exercise and watch against many and strong aduersaries so toward the end of this warfare that is toward the end of this world the aduersaries growing more skilfull more bòld and desperate then before the warfare must of necessitie bee made more daungerous The greatnesse of which daunger may draw the gouernours of the Church to a more sensible apprehension of their duties who according to the daunger of the Church cannot but vnderstand that their care industry vigilancy and courage must be increased for the preseruation of the peace and good of the Church of God which they gouern so that the malice industrie and desperate attempts of the aduersaries are to them so many prouocations stirring theÌ„ vp more carefully to watch Which care hath singularly appeared in your Grace who as a Generall in this warfare haue giuen no rest to your selfe but by preuenting the purposes of the enemies by espying their secrets by answering their present incounters by incouraging inferiours haue declared your carefull seruice in this warfare setting the battel in order and incouraging euery souldier in his proper standing and place vnder this conduct haue I vndertaken this peece of seruice for the opening the truth of â—…urisdiction of late so much oppugned defaced and confounded by the aduersaries Wherein as I can not promise any worth of my seruice so I shall bee able with a good conscience to challenge the reward of faithfull and sincere dealing The question I confesse requireth a man as skilful in distinguishing this confused masse of Iurisdiction which they now haue cast vpon the Pope as Archimedes was in examining the gouldsmithes fraude who hauing receiued a certaine Weight of gould of Hiero King of Sicily to make a goulden crowne which he would offer to his Gods stoale away much of the gold and put siluer in the place thereof rendring to Hiero his true weight againe To examine this fraud without melting of the crowne was a worke to exercise the great wit of Archimedes himselfe such is this masse of Iurisdiction wherin fraudulent workmen as they who confound gold siluer coper and brasse together haue taken the Iurisdiction of the Church and of kings and mingling both together adding much of their owne drosse thereto haue made it as a deceiptfull crowne to offer to their great God to set it vpon his hâ—…ad To distinguâ—…sh this confused maâ—…se to giue to each his own right was a thing wherin I fouÌ„d the greater difficulty because none of late yeeres hath troden this path before me whose footsteppes might haue directed me For the question of the Supremacy is handled learnedly worthithily by others who though they haue giuen some light to this question of Iurisdiction yet they doe it but in some passages not handling the question fully and purposely but by occasion sometimes falling into some parts thereof Wherefore I thought it would be a necessary seruice to the Church if this thing might be truely brought to knowledge and the fraudulent confusion of tâ—…is crowne of Iurisdiction standing vpon the proud head of the Pope examined distinguished the siluer seuered from the gold and the drosse from both As Iurisdiction lay thus confounded by those false workemen of Rome so at the first triall of it when it was examined by vnskilfull and deceitfull triars who fet the rules of their triall not from the truth but from ambition and adulation they taking vpon them to be triars of truth made things as bad or farre worse by their handling then they were before and so wrapped this question in newe difficulties For when Henrie the eight tooke this title of supreme head of the Church of England though the sounder and more iudicious part of the Church then vnderstood the words of that title so as no offence might iustly rise by it yet they that were suddenly brought from their olde opinion of perie not to the loue of the truth but to the obseruance of the Kings religion retained a grosse and impure sense of those words as most coÌ„monly by such is retained to this day For when Stephen Gardiner Bishop of Winchester was at Ratisbon in Germanie vpon the Kings affaires he there taking occasion to declare the meaning of that title supreme head of the Church giuen to king Henrie the eight taught that the King had such a power that hee might appoint and prescribe new ordinances of the Church euen matters concerning faith and doctrine and abolish old as namely that the King might forbid the marriage of Priests and might take away the vse of the cup in the Sacrament of the
successe for fire shall come downe from God out of heauen and deuoure the enemies Vnto which seruice there is nothing so effectuall to animate the princes of Christendome as is this new and strange claime of the popes Iurisdiction ouer princes which thing because it is so much pursued by the Popes and their flatterers and onely by them as the great marke whereunto they addresse all their attempts and the very summe of all their Religion therfore I haue endeuoured to open the whole to distinguish the parts and to set this question in such a light as I could if not to satisfie all yet at least to giue an occasion to the iudicious I was desirous to leaue no part vntouched that all might come to a triall and am ready also withall to bring my selfe to the triall willing to learne and to amend any error after that it shall be manifested by the truth to bee an errour for which cause I submit all to the iudicious and godly censure of the Church My care was also after my seruice to God to performe herein a true seruice to his Maiesty by opening the Iurisdiction of Kings which I haue done not as they vse to doe who serue the Pope respecting no other rules of that seruice then his pleasure and their adulation but I haue disputed the Kings right with a good conscience from the rules of Gods word knowing that the noble disposition of his Maiesty will admit of no seruice whereby God or the truth is preiudiced All which as I commend to your Graces fauour and protection to whom God hath committed the care of his Church here so with my hearty prayers I commend your Grace to the faâ—…our and protection of God who inrich your heart with his plentifull graces that as for your proper comfort and direction you may enioy them so you may vse them to the glory of God and the comfort of his Church through Iesus Christ. Your Graces to be commanded in all duety GEORGE CARLETON An Admonition to the Reader IT may bee thought strange that so many are found to write in this contradicting age one contrary to another the trueth cannot bee on both sides and therefore there is a great fault on the one side the Reader that is desirous to trie where the fault is may be intreated to marke with aduised obseruation some things wherein our aduersaries wanting either knowledge or sinceritie haue broken all the rules of right writing to deceiue such as cannot iudge of which sort the greatest part consisteth I doe therefore intreat the Readers especially such as reade my Booke with a purpose to answere it to consider these things wherein we challeng our aduersaries for euil dealing in this particular Controuersie First In setting downe our opinion they make it not that which we hold but another thing and then make large discourses in vaine they should vnderstand our cause as we deliuer it for we deuise not their opinion but take it out of their owne bookes especially from the Popes Canons Secondly when they would refute vs they bring their owne Canon law which was deuised in preiudice of the freedome of Princes and is our aduersarie and therefore cannot bee our Iudge Thirdly When they produce the testimonies of ancient fathers the abuse for which we challenge them is that they will not vnderstand the question for the fathers write for the spirituall Iurisdiction of the Church aboue Princes which thing we neuer denied But against the coactiue Iurisdiction of Prinees in matters Ecclesiasticall which thing we hold the Fathers neuer wâ—…ote but they are for it If these things were faithfully obserued as they are all peruerted in this cause by one that termeth himself the Catholick Diuine and if the truth were sought with conscience and not preiudice maintained with resolution men would neuer presume so much vpon the simplicitie of the Readers nor in the confidence of their wit and learning would they suffer themselues to be set to the maintenance of any cause whatsoeuer Let me farther intreate him that would aunswere me to enter into this short and serious meditation with himselfe thus Either my purpose is to serue God for the truth and then I may looke for a blessing vpon my labours or else to serue man though against the truth and then I may looke for a curse vpon my selfe and my labours let this Meditation rule thy pen and heart I aske no more Last of all let me intreate thee of curtesie to amend the faults escaped in printing with thy pen thus P. 2. Lin. 10. Or some others superfluous p. 13. l. 2. as superfluous p. 14. l. 29 for more read meer p. 22. l. 28. the superfluous p. 30. l. 15 for teached r. touched p. 52. marg r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 73. l. 28 r. against the infringers of the priuiledges of the Sea Apostolick p. 85. l. 19. therto superfluous p. 98. l. 27. full superfluous p. 105. l. 8. r. M. Luther p. 107. l. 2. r. M. Luther p. 108. l. 16. r. M. Bucer p. 108. l. 20. r. M. Antonius Flam. p. 109. l. 10. r. M. Chemnicius p. 195. l. 19. Deposed by Pope Stephen r. deposed or his deposition allowed by the consent of Pope Stephen p. 198. l. 4. for the Bishops r. some Bishops p. 211. l. 11. for opportunelyr opportunity p. 228. l. r2 some report the poyson to haue beene giuen in the bread and some in the cup. p. 229. l. 31. for great r. greatest p. 234 l. 15. for Frederic r. Lodouic p. 234. l. 22. for Rhenes r. Rense p. 234. l. 27. for Rhenes r. Rense p. 236. l 19. generall superfluous p. 250. l. 28. r. adhaerentium adhaerere volentium p. 262. l. 21. for ver r. viri p. 272. l. 18. for chusing r. choosen p. 272. l. 22. for to r. in p. 279. l. 30. no supeâ—…fluous p. 294. l. 16. for cultus r. cultu OF THE IVRISDICTION OF PRINCES IN Causes and ouer Persons Ecclesiasticall CHAP. I. The state of the Question THe lawfull authoritie and Iurisdiction of Kings in matters Ecclesiasticall is now and hath beene for some ages heeretofore much impugned by such who by vsurpation hauing incroached vpon the right of Kings seeke by all subtill and colourable deuises to maintaine that by skill and some shew of learning which they haue gotten by fraud All this mischiefe proceedeth from the Bishop of Rome who vsurping powre and taking to himselfe that honour whereunto God hath not called him hath brought all authoritie Ecclesiasticall and Ciuill into great confusion by vsurping the right both of the Church and of States Now our desire being to open the truth and to declare the lawfull right of Princes and power of the Church it seemeth needfull first to set downe what power is giuen to the Pope by them that flatter him so shall the right of the King and of the Church better appeare 2 They yeeld to the Pope a fulnesse of power as they
tearme it from whence all Spirituall Iurisdiction must proceed to others some adde also Temporall of Spirituall Iurisdiction Bellarmine saith all Bishops receiue Iurisdiction from the Pope The like some of them or some others teach also of Temporall power the difference which they obserue is that Spirituall power is deriued from the Pope to all Bishops but Temporall power is giuen to execute some seruice Augustinus Triumphus of Ancona who wrote about three hundreth yeeres agoe at the commaundement of Iohn 22. Pope set foorth of late by the authoritie and priuiledge of Gregorie 13. did long before the Iesuits dispute this question of the Popes Soueraigne authoritie ouer Princes since which time the Friars haue closely followed his footsteps His assertion is Omnis potestas imperatorum regum est subdelegata respectu potestatis Papae And againe in the same place Omnis potestas saecularis est restringenda amplianda executioni mandanda ad imperium Papâ—… These and the like positions are now resolutely and stiffely maintained by the Iesuits and others of that faction 3. This agreeth well with the Canon lawes which are the fundamentall lawes of the court of Rome For thus they say Nos tam ex superioritate quam ad imperium non est dubium nos habere c. That is we aswell by that soueraignetie and right which without all doubt we haue to the Empire as also by that power whereby we succâ—…ed the Emperour in the vacancie of the Empire and no lesse also by the fulnesse of that power which Christ the King of kings and Lord of lords hath in the person of Saint Peter graunted to vs though vnworthy declare all such sentences and processes made by Henry 7. void and of none effect Thus saith Clement 5. Pope against Henrie 7. Emperour To the same purpose saith Boniface 8. Pope in a Constitution of his Oportet gladâ—…um esse sub gladio c. That is one sword must be vnder another sword and the Temporall authoritie must be subiected to the Spirituall authoritie for when the Apostle saith there is no power but of God and the powers that are are ordained of God They could not be ordinated vnlesse one sword were vnder another and a little after Thus of the Church and of the power Ecclesiasticall is verified the prophecie of Ieremie behold I haue sâ—…t thee ouer nations and kingdomes to plucke vp and to root out and to destroy and to throw downe and to build and to plant And againe we declare we say we define we pronounce that it is necessarie to saluation to beleeue that euery humane creature is subiect to the Pope of Rome These be the lawes of the court of Rome which some of late haue so much adored as to call them Catholike Diuinitie and which for truth and certaintie and for authoritie ouer their consciences they hold comparable euen with the holy Scriptures 4. By all which wee collect the doctrine of the court of Rome or the Popes faction to be that the Pope hath all power Spirituall and Temporall aboue all other whatsoeuer This I call the opinion of the Court of Rome or the Popes faction because we finde the most learned of the Church of Rome to hold the contrary For concerning spirituall power the best learned of the Church of Rome yea and whole councels maintaine the Spiritual power of the Church to be aboue the Pope as hereafter we shall declare And for this Temporall power aboue Kings and Emperours claimed by the Popes in their Canon Lawe maintained by their flatterers it seemeth so straunge so new and absurd that they who maintaine it are not as yet agreed vpon the state of the question For some hold that the Pope hath this power directly ouer Princes as the Canonists to whom some of the Shoole-men may be added as Triumphus and some of late called Congregationis Oratorij as Cardinall Baronius Bozius and such Others denying this direct power hold that the Pope hath the same power but indirectly as depending vpon his Spirituall power of this opinion is Cardinall Bellarmine and others these both hold the same conclusion but differ in the manner of holding it Others there be who are in some sort content to allowe the Popes Fatherhood in spirituall matters in case lie would not prooue incorrigible but vtterly denie this power ouer princes both direct and indirect of this opinion was Guil. Occham Ma' silius Patauinus and other learned men of the Church of Rome And of late Guil. Berclaius a French Lawyer hath with great learning refuted both the former opinions of the Popes power direct and indirect against Bozius and Bellarmine and yet this man professeth himselfe to be resolued to liue and die a Papist so that on the one side stand all the reformed Churches and many of the best learned of the Church of Rome I may say all the Church of old and of late On the other side standeth the Pope with his faction that is his flatterers and this I call with some of former ages the Court of Rome this is the opinion of our aduersaries 5. Our positiue sentence against this standeth in two parts as the Pope hath incroached on two sides both vpon the right of Kings and of the Church Concerning the Kings right we hold that in externall coactiue Iurisdiction the King hath supreame authoritie in all causes and ouer all persons Ecclesiasticall aswell as Ciuill This is that which hath bene published by diuerse writings and ordinances which by publike authoritie haue beene enacted and published declaring that the King within hi Dominions hath this soueraigne authoritie and that heerein there is no forraine power aboue the King The authority of the Church hath beene in like sort vsurped by the Pope by drawing to himselfe a supposed title of the head of the vniuersall Church by deuising a straunge authority in the fulnesse of power by claiming a newe and straunge priuiledge of his not erring iudgement and making himselfe the onely iudge of controuersies of faith This power in iudging and determining of controuersies of faith and religion being partly in the Church partly in the Scriptures the Pope hath wrested from both first extolling the Church aboue the Scriptures and then setting himselfe aboue the Church Then that the limits of each power may be truely knowne we giue all spirituall power to the Church all externall coactiue iurisdiction to the King when each of these shall haue taken vp his owne right there will not be so much left to the Pope as these great flatterers the Iesuits seeke to heape vpon him Our purpose is first to dispute the right which Kings haue in coactiue power ouer all persons and in all causes euen Ecclesiasticall within his dominions by persons ecclesiasticall wee vnderstand Archbishops Bishops Deans Rectors and all other set in calling and place Ecclesiasticall by causes Ecclesiasticall wee vnderstand causes Ecclesiasticall of externall coactiue
consecration of Aaron and his sonnes is done altogether by Moses These things though they make faire shew for the Princes Iurisdiction Ecclesiasticall ouer Priests yet wee purpose not to stand vpon them 3. But when the Priest was once consecrated and ordained and all things fully perfected concerning his function and two seuerall and distinct functions set vp then will appeare without faile in Moses his successors the right of Princes in Aaron his successors the right of Priests After all things thus perfected we finde that all the lawes which in truth proceeded originally from God were established by the authoritie of Moses and this we finde true not onely in Iudiciall and Ciuill Lawes which were to rule that state but euen in ceremoniall and Morall Lawes which were to rule the Church There is not so much as one ceremoniall law established by the authoritie of Aaron but in all the name and authoritie of Moses is expressed only we finde concerning Aaron that if any doubt in the lawes ceremoniall did arise for the interpretation of those lawes and of such doubts the high Priest must sit as iudge For the people are charged in matters that are hard to consult with the Priest and ciuill iudge Deut. 17. 8. c. Which the learned interpreters vnderstand thus that if the cause be mixt partly Ciuill partly Ceremoniall or doubâ—…full that then both the Ciuill Magistrate and the Priest must iointly determine it but if the people haue distinct causes some Ciuill other Ceremoniall the Ciuill Magistrate must iudge the causes Ciuill and the Priest must iudge the causes Ceremoniall from the consideration of which place we may drawe certaine inferences 4. First all Lawes euen Ceremoniall that is Lawes whereunto Spirituall or Canon Lawes are answerable are established by the authoritie of the Ciuill Magistrate This taketh away all authoritie of the Popes Canon law in all Christian kingdomes where it is not established by the authoritie of Kings in their kingdomes For it is against all reaâ—…on and rules whether we looke vpon the light of nature or vpon the Scriptures or the lawfull practife of authoritie since the Scriptures were written that any Lawes should be imposed vpon a Prince against or without his consent as the Popes haue indeuoured to impose the Canon Lawes vpon Princes And this appeareth in the practise of Christian Magistrates so long as lawfull authoritie stood up without confusion in the world But heere we consider the fountaine of that practise which was from Gods Law wherein we see all Lawes confirmed and established by the authoritie of the Ciuill Magistrate And if it could bee prooued that in some Lawes Ceremoniall the authoritie of Aaron was requisite yet this helpeth them nothing that plead for the Popes Canons For these men would impose these Canons vpon Princes without their consent but in all these Lawes of Moses wherein is a perfect patterne for all law-makers they cannot shew one Law though neuer so nearely concerning the Church which is established without the authoritie of Moses the Ciuill Magistrate If they obiect these things were all done by an especiall commaundement of God I aunswere this doth more establish the authoritie of Princes and confirme our purpose for let them aunswere why God would haue all these things established by the Ciuill Magistrate and not by the Priest This then maketh a greater and clearer confirmation of the Princes right Then the Church may interpret Scripture determine controuersies of faith but cannot establish a Law the reason is because for the establishing of Lawes coactiue power is requisite which is in the Ciuil Magistrate not in the Church And therefore the Canon Lawes can haue no force of lawes but as they are receiued and established by Princes in their seuerall kingdomes For neither can the law haue the force of a law without coactiue power neither hath the Pope any coactiue power in the kingdomes of other Princes but onely in such places where himselfe is a Temporall Prince 5. Secondly we obserue that the high Priest is appointed by God a iudge for interpretation of those lawes that concerne the Church in questions of conscience in causes mixt or doubtfull This might moderate the humours of some who in loue to innouation would leaue no place of iudicature to Ecclesiasticall persons for these things are insert into Moses lawe taken from the law of Nature and not as things Ceremoniall which thing is apparant from the end vse and necessitie thereof for the things which had a necessary vse before the written law and must haue a necessary vse after the abrogation of that law must be acknowledged to be taken from a perpetuall law because there must be a perpetuall rule for a perpetuall necessity This then being perpetuall and necessary matters of question and of Ecclesiasticall audience still arising the hearing and iudging of such things belong to such as are most skilfull in those affaires And hence is the iudicature of fuch things assigned to the Priest which right of Ecclesiasticall iudgements and courts standeth no lesse now due to them in the time of grace then it was under the law because this office in iugdeing hearing and determining is not heere giuen to Priests as a thing Ceremoniall but as I haue declared deriued from the law of Nature as a perpetuall seruice for a perpetuall vse 6. Thirdly we consider that the lawes Ecclesiastical are established by the authoritie of the Ciuill Magistrate but for interpretation of them the Priest is appointed to iudge Hence riseth the ground of Iurisdiction both Temporall and Spirituall wee consider Iurisdiction here as our question importeth authority coactiue in externall iudicature in the execution of lawes The fountaine of this authoritie is in him principally by whose authoritie the law is established and without whose authoritie it is not The execution of this authoritie is in them that are appointed iudges And heerein there is no difference betweene Temporall and Ecclesiasticall authoritie I speake not nowe of Spirituall gouernment by the lawes of God executed within the court of Conscience but of Ecclesiasticall gouernment in the execution of lawes Ecclesiasticall wherin there is vse of coactiue power These two things being in themselues and in nature so distinct if this one distinction might be remembred it is ynough to aunswere all the confused collections of that Catholike Diuine who wrote of late against the fift part of Reports of the Lord Cooke For all that hee writeth there resting vpon no other ground then vpon the confounding of Spirituall and Ecclesiasticall power is answered in one word by this one poore distinction betweene these two powers Now the distinction is apparant because in Spirituall gouernment there is no coactiue power but in Ecclesiasticall iudicature there is coactiue power which maketh an euident and famous difference in Iurisdiction because this is most certaine that all that Iurisdiction wherin coactiue power is vsed is from the Ciuill Magistrate Then if these two
this opinion was r◅olued that Supreame Ecclesiasticall Iurisdiction was in the Popes And therefore we prouing that Supreame and last Appellation doth by the law of God belong to none but to the Soueraigne Prince conclude vndoubtedly that Supreame Iurisdiction belongeth to him onely 10. Heere a question may be mooued whether Saint Paul did well and orderly when he appealed to Caesar and whether Caesar was made iudge of these questions which were Doctrines We aunswere Saint Paul had no meaning to make C◅sar iudge of any point of faith But whereas hee was persecuted by the high Priests who sought his life in this matter of coactiue power Saint Paul giueth Iurisdiction to Caesar. There is also a difference betweene that power which heathen Princes haue and that which Christian Princes haue for heathen Princes haue all power coactiue whatsoeuer the cause be and without this helpe the Church could neuer deale in matters of this nature Christian Princes besides this coactiue power haue also as appeareth in the gouernment of Israel externall discipline in matters Ecclesiasticall 11. Thus we haue declared the distinct right of the King and the Priest after that they were distinguished by the written law of God we haue prooued that the Soueraigne Iurisdiction coactiue resteth in the Prince by a right which God hath giuen and therefore may not be taken away by man It followeth to consider how this right hath beene accordingly exercised by the godly Kings of Israel Ios◅ commanded the people to be circumcised and not Eleazerus the cause was Eccles◅ticall but to command in such causes declareth iurisdiction Dauid reduceth the Arke he appointeth Priests Leuites Singers Porters to serue at the Tabernacle he assigneth Officers of the sonnes of Aaro◅ All which being matters Ecclesiasticall the Prince as hauing soueraigne authority in both causes ordaineth Solomon buildeth the Temple and consecrateth it Asa remoueth Idols and dedicated the Altar of God that was before the porch of the Lord. Iehosaphat abolisheth Idolatry cutteth downe the groues sendeth Priests and Leuites to teach in Townes and Cities Setteth vp Iudges both ciuill and Ecclesiasticall and commandeth both to iudge according to godlinesse truth and Iustice. Because in the words of Iehosaphat these things are distinctly deliuered we will obserue the whole place The wordes are these And hee set iudges in the land throughout all the strong Cities of Iuda Citie by Citie And said to the Iudges take heed what you doe for you execute not the iudgement of man but of the Lord and he will be with you in the cause and iudgement Wherefore now let the feare of the Lord be vpon you take heed and doe it for there is no iniquitie with the Lord our God neither respect of persons nor receiuing of reward Moreouer in Ierusalem did Iehosaphat set of the Leuites and of the Priests and of the chiefe of the families in Israel for the iudgement and cause of the Lord and they returned to Ierusalem And he charged them saying thus shall you doe in the feare of the Lord with a perfect heart And in euery cause that shall come to you of your brethren that dwell in your Cities betweene blood and blood betweene Law and precept Statutes and iudgements you shall iudge them and admonish them that they trespasse not against the Lord that wrath come not vpon you and vpon your brethren And behold Amariah the high Preist shall be the chiefe ouer you in all matters of the Lord. 12. From which words we collect thus much concerning ◅he Kings Iurisdiction and the things wherein it consisteth ◅irst the King appointeth and placeth both Temporall and clesi◅sticall Iudges and commandeth and chargeth them so placed to execute their functions faithfully we inferre vpon this command in both alike that hee hath Iurisdiction ouer both causes But here let me remember a trifling obiection which some of our aduersaries haue deuised of late they would distinguish betweene command and Iurisdiction For they deny not but that all sortes of persons are vnder the Kings commaund and gouernment whom he may command each to doe their Office and yet they vtterly deny the Kings Iurisdiction and tell vs that command and Iurisdiction must not be hudled vp together Now let vs consider what hudling is in this when the Kings command and his Iurisdiction are set as things depending and cohaering one to the other When we say the King may command we meane plainely as we speake that the King hath from God lawfull authoritie to command and to punish them that breake his command This is the common vnderstanding of the Kings command But these Romish sophisters when they say the King may command do not vnderstand neither will they acknowledge at any hand that the King hath lawfull authoritie from God to punish the breach of his command for they vtterly deny that the King hath any authoritie to punish a Clarke though he should breake his commandement And call you this a command The King may command and goe without as the saying is This is the deuils sophistry taken vp by men hardned against shame content to stoupe downe to gather vp the meanest and basest shifts to dazell the simple The Iesuites resolue of this as of a truth most soundly concluded in their schooles That the King may not punish Ecclesiasticall persons that the Kings Court may not heare examine and iudge them though they should commit murders adulteries robberies or what other wickednesse soeuer And yet they tell vs that the King may command them Now to say one thing and yet to let the world see that they are resolued in the contrary this sauoreth strongly of the spirit of illusion when reason learning honestie and all faileth yet well fare a bold and hardned face which neuer faileth this generation 13. The truth is if the King haue not lawfull authority to punish he hath not lawfull authoritie to command and punish he cannot vnlesse he hath authority to iudge or cause iudgement to be done so that they who take away from the King power to iudge persons Ecclesiasticall take from him power to punish and consequently power to command but the Doctrine of the Papists this day as shall hereafter appeare in his due place taketh from the king power to iudge per sons Ecclesiastical therefore they rob him of power to punish and to cōmaund for nothing can more strongly take away the Kings command then to deny him power to punish and to iudge And yet they are not ashamed to tell vs that they deny not the kings cōmand but his Iurisdiction Then to leaue these men with their absurd and perplexed contradictions where the King ◅ay command he may iudge and punish the breach of that command and therefore his Iurisdiction appeareth in his lawfull authority and command Then by this charge and commaund of Iehosaph◅ is declared his Iurisdiction in these causes wherein he hath this authority
to command for otherwise the Kings command is but as the word of a priuat man or of a child if he haue not power to iudge and punish 14. Moreouer whereas Iehosaphat commandeth the Priests and Leuites to iudge betweene blood and blood Law and precepts statutes and iudgements In things that concerned questions of blood as when blood was shed by casualtie in which case the party offending had remedy by sanctuary and the high Priest was the immediat iudge as also in matters concerning lawes precepts â—…tutes iudgements that is ordinances ceremoniall or morall In these things stood the Ecclesiasticall Iurisdiction which then was practised in the Church for to take that distinction which we must often remember in this question it is confessed that all Ecclesiasticall power is either of order or Iurisdiction In both which the King hath a part bâ—…t differently In the power of orders the Kings part and office was to see that things of that nature were orderly done and the breach thereof punished but himselfe was not to execute any thing whereunto the Priests were apointed by the power of their orders as to offer incense c. Wherefore Vzziah was smitten with leprosie for medling with that part of the Priests office Now Iurisdiction is diuided into power internall which as often wee haue said belongeth not to the King and power externall which power externall when it is coactiue is nothing but that which wee call the Kings Iurisdiction though it be in matters Ecclesiastical And this Iurisdiction is here testified to be in Iehosaphat and from him deriued to all to all iudges vnder him both Temporall and Ecclesiasticall For as he commaunded the Temporall iudges so in like sort he commaunded the Ecclesiasticall And as the Ecclesiasticall iudges might replie if they had bene such as now these are of the Romane Clergie that Ecclesiasticall iudgements were holy and the cause of God and not of the King so doth the King witnesse of Temporall iudgements for speaking to Temporall iudges he saith you execute not the iudgements of man but of the Lord. Then Temporall iudgements are the Lords cause aswell as Ecclesiasticall and herein they differ not 15. Now this Iurisdiction which is in coactiue power wee prooue to be in the King and onely in the King I speake according to the forme of the state of Israel in those dayes wherof we now speake aunswerable to which is the Soueraigne magistrate in any other state This right I say we prooue to bee onely in the King and from him deriued to other iudges both Temporall and Spirituall by these reasons first the King and onely the King commaundeth both iudges to doe their duties in their seuerall places and hath lawfull power to punish them if they doe otherwise therfore the Kings Iurisdiction coactiue is ouer both sorts alike The antecedent hath two parts the first drawen from the expresse words of the Scripture in this text the second followeth by a necessitie For the commaund of a King is ridiculous and no commaund vnlesse he haue authoritie to punish The consequence followeth by the very definition of Iurisdiction which will prooue the second part of the antecedent For this Iurisdiction for which we plead is defined by the most learned of the Church of Rome authority coactiue If it be authoritie it may command if coactiue it may punish then it followeth that where Iehosaphat had first authoritie to commaund and last to punish that questionlesse hee had this Soueraigne Iurisdiction 16. If against this any obiect that the King may command in matters of orders of preaching the Word administring the Sacraments c. In all these things the King may lawfully command the parties to doe their duties and may punish them if they doe otherwise and yet no man will put the Kings Iurisdiction in these matters of orders Preaching Sacraments c. For aunswere let me intreat the reader with attention to consider these three things First to commaund secondly to execute thirdly to punish Iurisdiction standeth wholly in the first and last and nothing at all in the second that is in authoritie and not in action So that though the King should execute a thing which belongeth to his office yet in the execution therof his Iurisdiction should not appeare howsoeuer his wisedome knowledge and actiue vertues might appeare therein for Iurisdiction is in the authoritie of commaunding and power of punishing and supereminence that riseth from both And therefore in the preaching of the Word administration of Sacraments the King hath no part because therein Iurisdiction standeth not these things being matters of execution not of commaund but the authoritie to commaund these things by making or vrging lawes for them and to punish the transgression by corporall punishments this because it includeth coactiue power is in the Soueraigne Magistrate onely If the Magistrate should either neglect his dutie as the heathen did or commaund false doctrines to be preached as the Arian Emperours did in this case the Church hath warrant to maintaine the truth but without tumults and rebellion and rather in patience to loose their liues then to forgo any part of the truth 17. Another reason to prooue this Soueraigne authoritie coactiue to be only in the King and from him respectiuely deriued to both sorts of iudges may thus bee drawen For the iudges Temporall there is not so much question made all the doubt is of iudges Ecclesiasticall the chiefe of which iudges Ecclesiasticall in the Church of Israel was the high Priest Then this Iurisdiction whereof we speake must be confessed to haue been principally and originally either in the king or in the high Priest but in the high Priest it was not Therefore in the King it must be That it was not in the high Priest we proue by these reasons The high Priest is commaunded corrected punished and deposed by the King and not the King by the Priest therefore the Soueraigne Iurisdiction is not in the high Priest but in the King Againe the high Priests did neuer practise coactiue authoritie vnlesse when they were Soueraigne Magistrates as sometimes the high Priests in Israel were but as high Priestâ—… they had no such power for the causes betweene blood and blood which were of their cognisance are by the interpreters vnderdood such cases wherein a man was killed by chaunce without the purpose or against the will of the offender in which case the high Priest might graunt him the prâ—…uiledge of sanctuary and so deliuer him from the auenger of blood but he had no power coactiue to inflict death or such punishments at his pleasure which trueth was so constantly receiued and preserued in the Church afterward that euen in the greatest power highest ruffe of Poperie the Church of Rome did not take this full â—…oactiue power but onely proceeded to degradation and then to deliuer men vp to the secular powers which was a â—…ecret confession that they had no right to
much lesse dissolution to the states of this world but the gouernement of the court of Rome now commonly called the Church of Rome breedeth trouble and dissolution to the states of this world therefore the gouernment of that court is contrary to the gouernment of Christs Church the assumption is a confessed truth too well knowen that the gouernment of the Popes court or Church breedeth trouble and dissolution to States by excommunications The proposition is prooued by the aunswere of Christ to Pilats feares my kingdome is not of this world whereby hee satisfieth Pilate that he needed not feare any trouble or dissolution of established authoritie by him for this was Pilats feare So that if wee admit that Christ did aunswere to the purpose and that Pilats feares and suspitions were remooued by his aunswere it must be confessed that by that aunswere the State was secured that Christs gouernement would not raise any trouble to it or procure the dissolution thereof And it must be well obserued that Christ thus securing the present State doth not speake of his owne person onely but vndertaketh for all that belong to him and his kingdome Therefore he saith not I am not or my person is not of this world but my kingdome is not of this world Then as hee secureth this State from any trouble that they might feare from his person so he secureth all States of the world during the time of this world from all troubles that they might feare from his members and from his kingdome which is his Church Wherby it followeth by strong euidence of reason that they who put States in feare of troubles or work the dissolutiō of Ciuill gouernment as the Pope doth by excommunication are not the members of Christ nor belonging to his kingdom 15. This is further declared in the same place by the words following If my kingdome were of this world then would my seruants surely fight that I should not be deliuered to thee In which words wee finde that Christes seruants may not fight not stirre vp tumults vproares and warres for the maintaining of their kingdome Therefore that Kingdome for which they raise so much warre is not the kingdome of Christ not Christs Church nor they that raise vp such warres Christs seruaunts Christ forbiddeth his seruaunts to fight for him and his kingdome the Pope commandeth his seruants to fight for him and his kingdome Can you haue two kingdomes more opposite two Kings more contrary 16. This doctrine that the Church may not stirre vp any vproares or warr◅s against the Magistrate hath beene alwayes maintained by the auncient Fathers For we finde that in the greatest persecutions the auncient Bishops taught Christians alwayes to liue in peace and to pray for the Emperours and gouernours though they were persecutors according to the commaundement of Christ Loue your enemies and pray for them that persecute you Iustin Martyr saith We pray that you speaking of the Emperour may be found to haue a good and sound mind with your imperiall power Plinie writing to Traian of the auncient manner of Christians saith they assembled to worfhip Christ and bound themseluer in a Bond not to set vppon any wicked practise Sed ne furta ne latrocinia ne adulteria committerent ne sidem fallerent Contrary to which practise the Pope by his excommunication deposing of Princes and discharging subiects from their oath and Allegeance bindeth men to raise warres and tumults to breake and violat◅ their faith and to commit many disorders Tertullian saith Cramus pro Imperatoribus c. That is We pray for Emperours for their deputies for powers for the State of this world for the quiet and peaceable gouernment of things Contrarie to which the Popes raise warres make the gouernment of States tumultuous and take away peace from the earth Optatus saith For good cause doth Paul teach that we must obey Kings and powers yea though an Emperour were such an one as liued after the manner of the Gentiles Augustine saith we are not to yeeld this power to any but onely to God the power I say to giue kingdomes c. Who giueth earthly kingdomes both to godly and vngodly And in another place hee prooueth that euill Kings and Tyrants are to be obeyed wherof he giueth a reason because saith hee Men consist of two parts a bodie and a soule as long as wee are in this life and neede the helpes of this life we must by that part which belongeth to this life be subiect to the powers of this world but by that part whereby we beleeue in God we owe no subiection to man but onely to God Ambrose saith If the Emperour should commaund any thing vnlawfull hee would not obey neither durst he resist by force but onely beare with patience Arma enim nosta sunt preces lachrymae Gregorie the first was so farre from this tumultuous disposition of his successours that hee held himselfe bound to obey the Emperour in the promulgation of that law which he thought the Emperour should not haue made Ego quidem iussioni tuae subiectus saith he to the Emperour Maurice eandem legem per diuersas terrarum partes transmitti feci quia lex ipsa omnipotenti deo minime concordat ecce per suggestionis meae paginam serenissimis dominis nunciaui vtrobique ergo quae debui exsolui quia Imperatori obedientiam praebui pro deo quod sensi minime tacui So farre were these auncient Fathers from the newe and strange practises of disobedience and rebellion against Magistrates which is nowe so stiffely taught and vnmercifully executed by the Popes vassals vnder pretence of Religion 17. But they tell vs that the Pope vseth onely his spirituall censures hee excommunicateth Kings for heresie or schisme and thereby deposeth them and dissolueth the obedience of Subiects I answer excōmunication as it is a censure of Christs Church containeth no coactiue power that is no such power as to depose Princes or to dissolue the faith and alleageance of Subiects Which thing is proued both by the vse of excommunication and by the power of the Church First if we consider the vse of excommunication we finde it was vsed in the Church of the Iewes and from them taken by the Church of Christians Then excommunication being found among the Iewes in his full vse and force all the kindes there of being distinctly obserued by the learned Iewes namely by Elias Leuita who obserueth out of the writings of the auncient Rabbines three diuers kindes of excommunication in vse in the Iewish Church it followeth that this censure of the Church can be no farther extended in the Church of Christians then it was in the Church of Israel where it was first instituted and established But in the Church of Israel it was neuer extended to deposing Kings and destroying obedience of Subiects therefore in the Church of Christians it may
not be extended to these practises What can be denied heere For neither can they denie but that the censures of the Church should bee of greatest power there where they were first instituted neither can they denie that excommunication was first instituted in that Church of the Iewes neither can they shew vs that any King of that Nation was at any time deposed for pretended heresie or for knowne and professed idolatry though the Kings there were often great idolaters though the Priests were bolde and couragious in Gods cause yet we neuer finde that any Priest did by excommunication depose the King or destroy the bond of allegeance This thing then being neither practised by the Iewes where these censures were in first and chiefe force nor by Christ and his Apostles nor by the Fathers of the Primitiue Church nor known in the Church for the space of almost a thousand yeares as hereafter wee shall declare wee haue great reason to conclude that excommunication as it is an Ecclesiasticall censure hath no power coactine to alter any temporall authority to depose Kings to destroy and dissolue allegeance or to trouble any lawfull authority established in this world 18 This will no lesse appeare if wee consider the power which the Church hath alwaies practised for coactiue power was a thing which the Chnrch yeelded alwayes to the â—…iuill Magistrate And if the Bishops of Rome did sometimes breake out beyond their bounds yet were they in those ancient times alwayes repressed by the authority of the Church For that we may take a short suruay of the Iurisdiction of the Church during the first three hundred yeres so long as the Apostles liued no man doubteth but that they ruled all and that the greatest Iurisdiction of the Church was in them if we speake of spirituall Iurisdiction And if any one Apostle liued after the rest there was more power acknowledged to be in him then in any one that liued in the Church in his time Now it is for an assured historicall truth recorded by Eusebius and before him by Irenaeus whom the full consent of the auncients follow heerein that S. Iohn liued after all the other Apostles were dead that he continued in the gouernment of the Church vntill the times of Traian Emperour In which time the Bishops of Rome after Peter are recorded to be these Linus Anacletus Clemens Eâ—…aristus Alexander If the Bishop of Rome had then been the head of the Church the chiefe Pastor the Monarch the fountaine of all Iurisdiction as his flatterers now make him it must be confessed that Alexander in his time and Euaristus before him was S. Iohns head and before him Clemens and before him Anaclet and before him Linus Did these rule and gouerne S. Iohn or S. Iohn them shall we say that they had Iurisdiction ouer S. Iohn or S. Iohn ouer them If these Bishops each in his time had Iurisdiction ouer S. Iohn then there was an authority in the Church aboue the authority of the Apostles If they were gouerned by him then the Bishop of Rome was not the head of the Church There is no sober spirit that can doubt of these things or can thinke that in those dayes any liued in the Church who was not vnder the Iurisdiction of an Apostle 19 After Saint Iohns death who was liuing in the yeare of Christ 100. and after in the Church of Rome were Sixtus Telesphorus Hyginus Pius Anicetus Soter Eleutherius Victor These gouerned the Church of Rome in succession by the space of one hundred yeares together In which times they seemed willing to put to their helping hands to aduance the Church of Rome For Sathan hauing a purpose thence to raise Antichrist began betime to worke and to abuse those good men as it was not hard for him to beguile better men then they were though we admit them to be good men and holy Martyres Then were they drawne into a loue to aduance their seate and Iurisdiction yet so as neither in them is proued pernicious neither was it thought by the church to be very dangerous seeing they yeelded and submitted themselues in the end to the graue and godly aduise of the Church 20 The things wherein the Bishops of Rome sought first to aduance their power was by imposing ceremonies vpon other Churches Thus did Anicet contend for the celebration of Easter but was quieted by Polycarp who for the peace of the Church made a iourney to Rome and pacified Anicetus And was so much honoured of Anicetus that there he practised the function of a Bishop as Eusebius reporteth taking the storie from Irenaeus Thus was peace and loue then maintained on all sides whilest the Bishops of Rome were content to be ruled by others 21 A little after Victor grewe more violent in the fame quarrell and excommunicated the Easterne Churches which did not obserue Easter after the maner of the Church of Rome But Uictor was resisted and sharply reproued by Polycrates Bishop of Ephesus and the rost of the Easterne Bishops as also by Irenaeus Bishop of Lions in Fraunce These did freely reproue Victor for that he regarded not the peace of the Church they declare that in ceremonies there was great difference of olde and yet the Bishops liued in loue and peace together that the differences in ceremonies did not breake the consent in faith that these differences were before the time of Victor and that hee was therein to followe the examples of his auncients who preserued loue and peace and the doctrines of faith sincere with some diuersity in outward ceremonies This was all that the Bishops of Rome attempted in those dayes wherein there appeareth no Iurisdiction ouer others but rather the contrary For the godly Bishops of Asia reproued them and made them see and acknowledge their owne rashnesse and caused them to desist therefore the Church did not then acknowledge the Popes Iurisdiction 22 Betweene Victor and Syluester the first succeeded 18. Bishops of Rome in the space of 100 yeares next In which time there was no great attempt made for superiority or Iurisdiction onely the Bishops of other Churches did honour the Bishop of Rome following the Apostles rule In giuing honor goe one before another Which honour if they could haue remembred as well to giue to others as they did to receiue from others there could haue risen no question of Iurisdiction but that which began in loue and courtesie was afterward drawne to Iurisdiction We denie not but some of the auncients haue yeelded to S. Peter a Priority among the rest of the Apostles because of his great zeale and loue to Christ and to his trueth and for his excellent vertâ—…es and to the Bishops of Rome wee finde likewise that the auncients yeelded great and honourable titles but this was in respect of their vertue learning and integrity For the auncients knewe no other rule of fauouring men but vertue he was in the Church most honourable and
accounted chiefe in succeeding the Apostles whose life and conuersation was most Apostolicall Wherefore as the auncients gaue this honour to the Bishops of Rome for their godly liues to call them the Apostles successours so when they found other Bishops who in vertue excelled they gaue these titles in as great honour to them as euer was giuen to the Romane Bishop For we finde these titles as much or more giuen to others then wee can finde giuen to the Romane Bishops Basill writing to S. Ambrose saith of him that he doth hold the sterne of that great and famous ship the Church of God and that God had placed him in the primary and chiefe seat of the Apostles Of the Bishop of Rome it is hard to finde in all antiquity a more honourable title then this is of Ambrose Now if S. Ambrose helde the sterne of that ship the Church of God and if hee sate in the chiefe and highest seat of the Apostles it must follow that an inferiour seat was reserued for the Bishop of Rome as long as Ambrose liued and that hee was esteemed the chiefest in Apostolicall succession who came neerest the Apostolicall vertues or that they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 presidents alike in Christs Church And throughout all the Epistles of Basil wee obserue that albeit hee wrote often to the Westerne Church wee finde no such honourable mention of the Bishop of Rome but somewhat sounding to the contrary For in the tenth Epistle he noteth the pride and ambition which then began to be espied in the Bishops of Rome complaining to Eusebius Bishop of Samosata that the Church could haue no help from the pride and ambition of the West Then concerning this title to be called the successour of the Apostles it was somtimes giuen to the Bishops of Rome onely in regard of their vertue godlinesse and faith which once appeared in those Bishops And so it is giuen to Ambrose and to other Bishops In this sense we vnderstand those titles giuen by Sidonius Appollinaris Bishop of Aruern to diuers Bishops in France in his time For writing to Pope Lupus as he calleth him a Bishop in France he testifieth that hee had liued 45 yeares in the sea Apostolicall Insede Apostolica nouem iam decursa quinquennia And againe to the same man he saith Pater officium quod incomparabiliter eminenti Apostolatuituo sine fine debetur c. The same title he giueth also to Fontellus another Bishop in France declaring that therein he greatly reioyced Quod Apostolatus vestri patrocinium copiosissimum conferre vos comperi And writing to the same Fontellus Ego quoque saith he ad Apostolatus tui noticiam accedâ—… 23. Then by this Title Apostolicall no Iurisdiction will rise to the Bishops of Rome seeing the same is giuen to others as well as to them Neither was there then in the Bishop of Rome any power aboue others neither in the whole Church was câ—…actiue power found To prooue this Eusebius reporteth a Storie which we wish to bee well obserued because it maketh an euident proofe of the Iurisdiction of the Church which thing wee seeke The Storie is thus Paulus Samosatenus Bishop of Antioche taught that Christ was a meere man To represse this wicked heresie a Councell was gathered at Antioche The Church was then without the helpe of a Christian Magistrate In chiefe accompt among them that liued in the Church at that time was Dionysius Bishop of Alexandria a man for his great learning and godlinesse much renowned in the Church then and alwayes since he was so aged and weake at that time that he could not be present in the Councell but by writing confirmed the truth against Paulus the Hereticke Among them that were assembled there was Gregorius Bishop of Caesaria who had the gift of working miracles in which respect Basil maketh honourable mention of him in diuers places Dionysius was then Bishop of Rome The famous Bishops of the East had diuers meetings against Paulus the last meeting was in the time of Aurelianus Emperour about the yeere of Christ two hundred seuentie and fiue At what time Paulus was fully refuted and repressed especially by the labour industry and learning of Malchion hee was condemned saith Eusebius of all the Churches of Christ which are vnder heauen After the conuiction of this Heresie the Councell wrote to Dionysius Bishop of Rome and to Maximus Bishop of Alexandria for Dionysius died before this Councell ended and Maximus succeeded him in Alexandria and to all the Church of Christ vnder heauen The Epistle is extant in Eusebius and was directed to these Bishops that by them other Churches might haue knowledge of this thing 24. After all this Paulus Samosatenus held the Church of Antioche and gaue no place to Domnus whom the Councell excommunicating and deposing Paulus had decreed should take his place The Bishops in this case were driuen to seeke the aide of the heathen Emperour Aurelian at the suit of the Councell the Emperour commaunded that the Church of Antioche should be deliuered to him to whom the Church of Italie and the Bishop of Rome would write By this it appeareth that the Church had no Iurisdiction coactiue for when the Bishops of this Councell had proceeded as farre as they could by Ecclesiasticall censures against all which censures Paulus held the Church by force finding that without coactiue power Paulus could not be repressed and finding no such power in themselues they were forced to seeke the Emperours helpe acknowledging thereby that all coactiue power rested in the Emperor Moreouer by this we obserue the beginning of that practise which afterward drew the opinion of Iurisdiction after it For the Bishop of Rome had no authoritie then ouer other Bishops neither did he challenge any And when some fewe of that Sea did seeme to pretend some authoritie in matters of conformitie and ceremonies as Anicetus Victor and some few other they were quickly repressed by the Church were content to be ruled by the Church But because the heathen and persecuting Emperours were content for the glory of Italy to giue this honour to the Church there and especially to the Bishop of Rome that other Bishops should find fauour for his sake as appeareth euidently by this Story wherein it is recorded that the Bishops of that Councell had no meanes to helpe themselues but by the Emperour and the Emperour not regarding the cause onely to honour the Bishop of Rome referred the matter to him hence as reason was the Churches were compelled to make much of the Bishop of Rome and to seeke his fauour without which they sawe the heathen Emperours would not be drawen to doe them iustice 25. About this time Stephanus Bishop of Rome threatned likewise to Excommunicate some Bishops for rebaptising of heretickes but he was repressed by Dionysius Bishop of Alexandria Some also that were excommunicate in Africa came to Rome
to seeke the fauour of Cornelius who without examination of the cause receiued them to the Communion Of which thing Cyprian complaineth much they saile to Rome saith he cum merce mendaciorum Against this hee declareth that it was ordained that neither the Bishop of Rome nor any straunger should be iudge of the causes of their Church And to Cornelius he writeth thus Quum statutum sit ab omnibus aquum sit pariter ac iustum vt vniuscuiusque causa illic audiatur vbi est crimen admissum singulis pastoribus portio gregis sit ascripta quam regat vnusquisque gubernet c. Opoâ—…tet vtiqueâ—…os quibus praesumus non circumcursare episcoporum concordiam cohaerentem sua subdola fallaci temeritate collidere sed agere illic causam vbi accusatores habere testes sui criminis possunt That is Seeing it is decreed by all and it is a thing both equall and iust that euery mans cause should be heard there where the crime was committed and a part of the flocke is appointed to each Pastor which each in seuerall must rule and guide c Verily it behooueth that they whom we gouerne should not gad and run about to others nor by their crafty and fallatious rashnesse breake in sunder the coherent concord of Bishops but there ought they to plead their cause where they may haue accusers and witnesses of their crime 26. Thus albeit the Bishops of Rome did seeke some inlarging of their authoritie sometimes by giuing countenance and patronage to criminous and scandalous men yet they were repressed and brought into order by the godly and learned Bishops that then liued in the Church Who would not suffer the priuiledges of the Church to be lost or any title of Iurisdiction to grow where there was no right Thus for the first three hundred yeeres the Church of Rome had no Iurisdiction ouer other Churches but the Bishops there were reuerenced by other partly for their wisedome learning and godlinesse partly because the Emperours fauoured them aboue other and because they were Bishops of the chiefe citie and seat of the Empire For as they had some fauour aboue the rest with heathen Emperours so they found much more fauour from Christian Emperours which thing caused them to be regarded by other Bishops but no Iurisdiction was as yet acknowledged CHAP. V. Of the estate and Iurisdiction of the Church from the end of the first three hundred yeeres vntill the yeere of Christ sixe hundred Wherein is declared that coactiue power was in the Christian Emperors from whom the Church receiued some parts of coactiue Iurisdiction The Popes began to seeke Iurisdiction by forgerie NOwe let vs consider the times that followed when the Church had peace from persecution and found the fauour of Christian Emperours In which time no Iurisdiction will be found in the Church of Rome aboue other and all coactiue Iurisdiction was acknowledged without question to bee in the Christian Emperours from whom the Church receiued some part thereof 2. Constantine who did as much honour the Church and was as much honoured of the Church as euer any Christian Emperour leauing therein an example which standeth as yet alone without a match did notwithstanding take all that to himselfe which is now called Ecclesiasticall Iurisdiction coactiue without any let or contradiction nay by the generall approbation of all that then liued When Caecilianus Bishop of Carthage was accused by Donatus and some other of that faction for deliuering the holy Scriptures to the enemies of Religion to be burned Constantine commaunded Caecilianus to come to Rome with a certaine number of Bishops which accused him and other that might heare and vnderstand the cause And commaunded the Bishop of Rome then Milciades with certaine Bishops of Fraunce to the number saith Optatus of nineteene to heare and end the matter the Bishops condemned Donaâ—…us who appealed from the sentence and albeit the Emperour was much offended at his appellation yet hee could not choose but receiue it In all this processe the Emperours Soueraigne Iurisdiction appeared the cause was a pretended crime of a Bishop the Emperour appointeth iudges and receiued the appellation which things declared Iurisdiction 3. Likewise after he had banished Eusebius Bishop of Nicomedia and Theognis Bishop of Nice he wrote an Epistle to the people of Nicomedia declaring the iust causes of their banishment and signifieth that his especiall pleasure and desire is to haue Bishops castos orthodoâ—…os humanos and shutting vp his speech he saith Quoasi quis audacter inconsulteque ad memoriam pestium illarum exarserit illius statim audaeia ministri dei hoc est mea exequutione coercebitur Where we see Constantine vseth coactiue Iurisdiction ouer Bishops he punisheth them he declareth the true ground of his Iurisdiction from the word of God by which warrant he is placed the Minister of God This is that coactiue Iurisdiction ouer Ecclesiasticall persons which did alwayes belong to the Soueraigne Magistrate and was neuer by God giuen to any other 4. It was alwayes held by all sober writers of the Church of Rome as hereafter shall be further declared that in the Church there is no power aboue the power of a Councell And yet this authoritie of a Councell so much and so worthily reuerenced could not restraine Constantine but he vpon good and iust causes brought the rash proceedings of some Councels to a newe examination For when Athanasius was wronged by a Councell of Arians he complained to Constantine The Emperour sent for all the Bishops of that Councell to render an accompt of their proceedings before him which declareth that his Iurisdiction coactiue was aboue the power coactiue of the Councell For heere we consider onely Iurisdiction coactiue and not the matter or subiect for otherwise wee acknowledge as before is declared that the determinations of generall Councels are matters of an higher truth and authoritie then the Statutes or decrees of any Emperour But wee speake heere of that Soueraigne Iurisdiction coactiue which hath alwayes appeared in the power of the ciuill Magistrate and wherein the Church had no more part then that she receiued from the liberalitie of godly Emperours for as Kings receiue the knowledge of faith and Religion from the Church and not the Church from Kings so coactiue Iurisdiction the Church receiueth from Kings and not Kings from the Church 5. There was no Councell held in Constantines time whether of Orthodoxe or heretikes but either by the expresse commaundement or license of the Emperour Ruffinus saith he called the Councel of Nice at the request of the Bishops Ex sacer dotum sententia apud vrbem Nicaeam concilium Episcopale conuocat Epiphanius saith that Councell was obtained of the Emperour at the suit of Alexander Bishop of Alexandria So the Bishops who then liued in the Church held it to be of the Emperours right and Iurisdiction to call Councels
Catholike 10. If this kinde of proofe please them to prooue the Popes Soueraigne supreame authoritie â—…hey may haue ynough thereof For as Pope Zaâ—…harie dispensed with the oath of Pipin and all the French Barons and subiects so doe the Popes since practise this part of Iurisdiction with great feruency or rather surie they dispense with the oathes of subiects they raise vp rebellions against true natural and lawfull Kings they aduance vsurpers This Iurisdiction wee graunt Popes haue practised but with shame ynough heere is the difference betweene them and vs betweene an euill cause and a good betweene impudencie and confidence in the truth both they and we bring the same examples but to contrary ends they bring these examples of the Popes practises to prooue Iurisdiction wee vrge the same examples to shame the Pope with his Iurisdiction Let the indifferent and ingenuous reader iudge whether applie them to the true right and proper end For let them aunswere vs if they can whence the Popes haue authoritie to execute such a Iurisdiction as they haue neither from Christ nor from the Princes of this world For certaine it is that to dispense with oathes to stirre vp subiects against their naturall Princes to mooue rebellions is a power which the Pope hath not receiued from Christ nor from the Princes of this world From whence then hath he it let them tell vs who make it a part of his Iurisdiction 11. After this Charles the great sonne to Pipin was made Emperour by Leo the third Pope At this time it appeareth that the Iurisdiction which by the Emperour before this was vsually practised vpon the Bishop of Rome and other Bishops began to be taken out of the hand of the Magistrate For when Charles hearing many complaints against this Leo concerning his life and conuersation called him to an examination in a great meeting of Bishops it was aunswered by a great acclamation Sedem Apostolicam omnium Ecclesiarum caput à nemine laico praesertim iudicari debere That is It is not meet that the Apostolicke Sea the head of all Churches should be iudged of any man especiall a Lay-man This moued Châ—…rles to omit the matter so soone had they learned to turne this power against the Emperor which they had some two hundred yeres before receiued from the Emperor This Iurisdiction then by this time had receiued a great change for in former times as the inquisition of false doctrines belonged to the care of Bishops so the examination of the life and manners of Bishops belonged alwayes to the Magistrate So Solomon deposed Abiathar So Constantine banished diuers Bishops and reformed the Clergie The godly Popes and Bishops in former times yeelded this power to the Magistrate which God hath giuen him knowing that euery soule is subiect to them euen Bishops euen Popes yea Apostles themselues But now by the fall of the Empire Papacy rising and a newe straunge image of the Empire rising vp in the Papacy this Iurisdiction was then in hatching which afterward was brought foorth by a monstrous birth 12. My purpose is to note the occasions of alteration of Iurisdiction in the Church of Rome and how the Popes hauing cast off the Iurisdiction of the Ciuill Magistrate did in time draw to themselues a new forme of Iurisdiction increasing the same by degrees For wheras at the beginning as we haue shewed the Bishops of Rome with others were vnder the coactiue Iurisdiction of the Ciuill Magistrate the absence and fall of the Empire gaue opportunity to the Bishops of Rome to raise theÌ„selues The first beginning of their Iurisdiction was by getting appeales to be made to them the enlarging aduancing of it was by obtaining the title of caput Ecclesiae vniuersall B. The Pope was not called caput Ecclesiae but the Church of Rome got that title vnder Phocas the Pope got it by his flatterers long after And in the time of Charles the great they had gotten in one foote farther into this Iurisdiction for then they began to refuse the coactiue Iurisdiction of the ciuill Magistrate All this while they were not come to the height and top of thei Iurisdiction to practise coactiue power ouer and against the ciuill Magistrate to depose Princes to raise vp rebellions to absolue subiects from their faith and alleageance though some of these things were a new founding yet they were not come to their perfection till after this time as we purpose in order to declare And as we note their practises so we must no lesse haue an eye to the men and meanes which withstood them in these ambitious courses 13 These attempts of Iurisdiction were then most famously withstood when they were brought to their full hight For after that the Popes had begun to stretch their Iurisdiction to the preiudice of Kings and Princes then began the opposition most to appeare learned men being stirred vp to write and throughly to examine this question Whereof my purpose is to speake farther in the last Chapter of this Treatise Here we will onely note what resistance it found at the beginning before it was growne vp to that hight whereunto it came in time First wee finde that both Charles the great himselfe and other Princes and Bishops haue withstood the Bishop of Rome heerein and seeking to giue euery one his right haue giuen many parts of that Iurisdiction which now the Pope claimeth to the ciuill Magistrate For after that Charles had subdued the Lumbards as his father Pipin had done before him and besieging Desiderius King of the Lumbards came to Rome from the siege to know what hee should haue for his trauaile for recouering S. Peters Patrimonie as the late Patrimonie of the Emperour faling to the Pope then began to be called for the Pope had promised to Charles for oppressing the Lumbards and recouering this new Patrimonie so much desired so hotely pursued so dearely bought that hee should be made Emperour of the West and the auncient authority and Iurisdiction of the Empire should be restored to him For the better effecting of these affaires Charles hauing set a strong siege about Pauy and taken order with his Captaines for that seruice left the siege came to Rome bringing with him a great number of Bishops Abbots to holde a Synod with Pope Hadrian and therein by all their industry and knowledge to finde out what were the true and auncient priuiledges of the Empire and what was the Emperours Iurisdiction confessed Pope Hadrian receiued Charles honourably and at his pleasure called a councell Wherein questionlesse some parts of the auncient Iurisdiction were restored to Charles For that Synod gaue him power to choose the Bishop of Rome and in all Prouinces of his gouernment to inuest all Archbishops and Bishops Thus much is acknowledged by as many witnesses in a manner as are Writers of the Story of this time But of late some haue quarrelled against this Story denying it to be true which
obserued to speake in the Councell with some freedome as some did especiall marke was taken of such these were withdrawen and recalled thence that other might take their place Of this the Protestant Princes complaine to Charles Fuerunt in eo concessu pauci quidem aliquanto liberiores in dicendo sed inuenta ratio fuit vt ijs reuocatis atque summotis alij summitterentur nequiores That is Some were in that company wâ—…o vsed some freedome of speech but a meanes was inuented to remoue and recall them that other more seruile might be in their places The Pope thus giuing continuall direction to the Councell and appointing by intercourse of messages coÌ„tinually trauelling betweene Rome and Trent what should be concluded insomuch that a common prouerbe was then taken vp among them that the holy Ghost trauelled from Rome to Trent in a packet and finding that after all this his purposes were crâ—…ssed by a certaine number of voyces the number being precisely brought vnto him began to flie to his last reserued shift For of a suddaine he created thirteene Cardinals in one day all Italians to whom hauing giuen vncertaine titles but certaine instruction he sent them to the Councell whom the other Fathers of the Councell welcomed not knowing their end At the next meeting the matters being proposed as before it was found that the voices of these that were come so lately did alter all and east it at the Popes pleasure and yet their wretched pollicies rested not thus If any were supposed to excell in knowledge grauitie learning and godlinesse they were some before the Councell that their presence should not hinder or disturbe the Popes purposes some afterward secretly taken away by poyson this was the end of that worthy Cardinall Contaren and others who for their eminency in vertue were suspected of Lutheranisme And that the world might know and take full notice of the Popes end and scope in calling this Councell that it was not the true faith and religion of the Germanes that hee sought but their blood it is euident by his practise For whilest thus they held the Germanes and all the world in expectation of a Councell the Pope in the meane time raised an army and sent it against the Protestants to be ioyned with other armies prepared for their vtter destruction The generall of the Popes armie Octauius Farnesius Graundchild to Pope Paulus the third by whom hee was sent departing out of Italy was obserued to say That he would destroy so many Germanes that his horse might swimme in the blood of Lutherans This is their holy Councell of Trent consisting of a fewe and those fewe bound by an oath to the Pope restrained prohibited poysoned and at last with many shifts drawen to serue a purpose assembled without lawfull authority called by the vsurped power of the Pope drawen and pulled by fraud and subtiltie ending in blood and warres and remaining the onely cause of all the warres which haue beene raised within these westerne parts of Christendome since that time to this day §. II. Of Friars by whom this Iurisdiction was maintained 20. MY purpose being to note the meanes by which this Iurisdiction hath beene aduanced I thinke it needfull after forgeries to speake of Friars For they haue beene the chiefe aduancers of this Iurisdiction and the fittest instruments that the Pope hath found for his purpose Iohn Wiclife in diuers places declareth out of assured knowledge of storie himselfe being neere those times and therefore more able to iudge therof that before the yeere of Christ one thousand two hundred there were no Friars in the world About which time Dominicus a Spaniard and Francis an Italian began their new orders Fasciculus temporum setteth their beginning about the yeere one thousand two hundred and foure and that they were confirmed by Pope Honorius the third about the yeere one thousand two hundred and fourteene Ordines quatuor mendicantium saith he videlicet Praedicatorum Minorum Augustinensium Carmelitarum consirmantur ab Honorio praeponuntur Praedicatores Minoribus in literis Papalibus quia sex mensibus ante eos confirmatifuerunt Matthaeus Palmerius setteth the confirmation of the Dominicans in the yere one thousand two hundred and sixteene Of the Franciscaâ—…es in the yeere one thousand two hundred twentie and three so that Wiclife hath a good ground for that assertion that Friars were neuer known in the world before the yeere one thousand two hundred 21. This was the first thing that made the alteration of the Church of Rome famous For before the institution of Friars the doctrines of the Church of Rome stood sound and vnchanged in most things The alteration was afterward wrought especially by these Friars both in doctrine Iurisdiction For at the first Friars were set vp to oppresse the old Priests to alter the auncient religion and to exalt the Popes power in a greater measure then it was before In which businesse they haue not beene idle but taking directions onely from the Pope haue brought in a great chaunge in all things Wiclife obserued that Friars pursued imprisoned and burned Priests onely for reprouing their sinnes So that then questions of doctrine made not the quarrell betweene Priests and Friars but only the reproofe of the corrupt and vncleane liues of Friars as in corruption they began so they continue And this is testified by others also that the first cause of the Popes persecutions was not for doctrine but onely for the Popes Iurisdiction Reinerius writing against the Waldenses testifieth thus much that they differed from the Church of Rome in no point of doctrine but onely they denied the Popes Iurisdiction Haec secta Leonistarum for so they were called magnam habet speciem pietatis saith he eo quod coram hominibus iuste viuant benè omnia de Deo credant omnes articulos qui in Symbolo continentur solam Romanam Ecclesiam blasphemant oderunt So that all the heresie which then was found in them was onely against the Popes Iurisdiction they swarued not from the doctrines of the Church of Rome but the Friars made the alteration from that auncient doctrine Then howsoeuer since that time some Popish writers vpon humour and partialitie haue charged them in points of doctrine yet the writers of that age and neere it euen their aduersaries do therin iustifie them and shew that the quarrell was not for points of doctrine but only for the Popes Iurisdiction And it is worth obseruation that the same Reinerius confesseth that there was no origin of this sect knowen some saith he asfirme that this sect hath continued from the time of Siluester others thinke it continued from the time of the Apostles himselfe concludeth that out of question it is ancienter then any other sect Then out of doubt they were much more auncient then Friars and Friars were raised vp paâ—…tly to this end to pull them downe 22. And that this was
impropriations turning tithes first from their true and auncient vse persecution for preaching the Gospell exemptions the vse of Legends in the Church and reading of fables to the people Symonie flattery pardons indulgences the heresie of an accident without a subiect singular and blind obedience the vse of commutation of penance into money they were instruments of warres and bloodshed they inuented works of supererogation the doctrin that reprobates are members of the Catholike Church to robbe the land of money These are the things in part which are obserued by Wiclife to haue beene first inuented by Friars Now whereas Iohn Wiclife was reputed an hereticke wee finde that this imputation was laid vpon him especially by Friars For he was a professed enemie to them and to their innouations holding with the Church of Rome and maintaining no other doctrine then that which he found publikely maintained and receiued in the world before Friars altered it Still he pleadeth the cause of the Priests against Friars which sheweth that he taught no otherwise then those Priests did teach And albeit the Friars did marueilouslly disorder the Church in his time yet hee witnesseth that the third part of the Clergie of England defended the truth against Friars Then the Friars being set vp to alter the auncient doctrine and Iurisdiction and to induce new did labour herein throughly imploying their best skill and power for the aduancement of the Pope and suppressing of the truth Heerein the Iesuites succeed their forefathes in this inheritance of innouation daily adding some new monsters to those which these old Friars left to their hands 24. The Vniuersitie of Paris hath likewise declared their iudgement against Friars somewhat before this time wherein Wiclife liued They gathered seuen Articles against Friars which because they proue Friars to be the authors introducers of innouation in the Church I will here set them downe First we say that Friars are not to be admitted into our Scholasticall societie except by our consent because the society ought not to be coact but voluntarie Secondly because wee haue found by experience that their fellowship hath beene many wayes hurtfull and dangerous to vs. Thirdly seeing they are of a diuerse profession from ours for they are regulars and wee schollers we ought not to be ioined or mingled together in one scholasticall office For the Spanish Councell saith Thou shalt not plow with an Oxe an Asse thatis thou shalt not associate men of diuers professions together in one office for how can they agree together whose studies vowes and purposes are diuers Fourthly because they raise dissentions offences but the Apostle saith we beseech you brethren that you obserue them that is that you discerne such as make dissentions for the doctrine which you haue learned of the Apostles and eschewe them for they serue not the Lord but their belly Gloss. for they flatter some they backbite others that they may fill their bellies and by glosing words and their benedictions they beguile the hearts of the simple Fiftly because we feare least they bee such as enter into houses because they thrust themselues into euery mans house they search and sift the consciences of men seduce such as they find like women ready to be seduced And whō they haue once seduced them they draw from the Councels of their owne Prelates to their Councels for they bind them by oath to their Councels such the Apostle commaundeth to eschew Sixtly because we feare they are false Prophets for they are not Bishops nor Parish-priests nor their Vicars nor by them inuited yet they preach being not sent against the Apostle saying Rom. 10. How shall they preach except they be sent For they worke no miracles thereby to witnesse that they may preach the Church then ought to auoid such men being so dangerous Seuenthly because they are curious and hauing no lawfull calling in the Church they busie themselues with other mens businesse thrust themselues into other mens callings and yet they are neither Apostles nor their successours that is Bishops neither are they of the seuenty and two Disciples of the Lord neither their helpers or Vicars as before is said Now the Apostle commaundeth vs to eschewe such as will liue so saying 2. Thess. vlt. We declare brethren to you in the name of the Lord Iesus Christ that you withdraw your selues from euery brother that walketh inordinately and not according to that tradition which they haue receiued of vs c. 25. Thus haue we set downe the sincere iudgement of that Vniuersitie before it was corrupted and infected with Friars They haue prooued that Friars haue no lawfull calling in the Church to preach or administer the Sacraments because they haue no institution of Christ or his Apostles And howsoeuer since those times the iudgement of that Vniuersitie was chaunged after they had once receiued these serpents into their bosomes yet the reasons which they haue brought against Friars are vnchaungeably true and will alwayes prooue that which then they prooued that neither the old Friars nor the new Iesuits haue any lawfull calling in the Church As thus they haue beene the bane of the Church in chaunging the old bounds so they haue beene the ruine of Princes and the cause of great warres and bloodshed yea of all the persecutions that haue bene since For before that time that the orders of Friars were brought foorth by a new and monstrous birth in the Church there was no bloodshed nor persecution offered by the Pope nor the Church of Rome for matters of Religion Berengarius was forced to a Recantation before but no blood was shed But after that Dominicke had instituted the order of the Iacobites or preaching Friars and Francis the order of the Minorites professed beggars then began great bloodshed and persecution to be practised vpon men that did not allow the Popes Iurisdiction in blood was it first founded and so it hath beene euer since maintained 26. The first persecution began against them that were called Albingenses whose opinions are made hainous by some that write affectionately since that time but by the writers of that time there appeareth no other thing wherewith they were charged but onely that they withstood the Popes pride and Iurisdiction for which they were persecuted The Earle of Tholouse who fauoured them was depriued of his Earledome his landes were giuen to Simon Monford the forces of the French and the Pope were raised against him when they were not able to vanquish him by force by fraud and falshood of the Friars and Popish Bishops they ouerthrew him In this ouerthrow of the Earle the industry and valour of Dominicke is much celebrated by the stories of this time Insomuch as the whole praise is attributed to him of him Platina witnesseth thus much Quos Albingenses Dominicus mira celeritate compescuit adiuuante etiā Simone Monteforti non enim disputationibus verum armis opus fuit adeo
inoleuerat tanta heresis That is Whom Dominicke did speedily ouercome by the helpe of Simon Monford for there was not so much neede of disputation as of armes that heresie was so rooted Then we vnderstand the end why Friars were instituted by their first and chiefe imployment they were founded in blood in treacherous practises against Princes for the seruice of the Pope Wherein wee behold the endes of such Councels as the Pope calleth and wherein he is President as the Councell of Lateran and the Councell of Trent For as vpon the time of holding the Lateran Councell the first Friars were ordained and allowed by the Pope so vpon the time of the Councell of Trent were the Iesuites confirmed to be an order by Pope Paul the third after both Councels great warres and bloodshed followed through Christendome wherein the Friars were the Popes instruments and the procurators of the warres at both times and euer since 27. As these first orders of Friars increased in number swarming like Locusts vnder the Popes protection he like an experienced Captaine prouidently ordered his troupes and set them to their seuerall taskes some to writing of books some to the practises of state against Princes By those that were set to write as Aquinas Scotus and such like the alterations of doctrines were brought into the Church of Rome first so that herein appeareth their full finall end in raising vp rebellions first against God and corrupting of the truth and then against Princes by impugning their soueraigne authoritie and Iurisdiction In both which practises the Friars take continuall direction from the Pope by whose power they were created by whose authoritie they stand from whose spirit they breath and for whose seruice they are deuoted and resolued to spend their breath and blood In these practises the Iesuites being the last brood striue to surpasse all other for their audacious corrupting of the truth and outragious interprises against the liues of Princes For which in the end they will vndoubtedly drawe vpon themselues the anger of God and of the Princes of Christendome I haue stayed the longer in these descriptions for the honour of the Iesuits that their descent and progenie may be knowen that we may behold the aduancers of the Popes Iurisdiction which Iurisdiction will the better appeare if the first and chiefe aduancers of it might be well knowen §. III. Of Oathes exacted by the Pope 28. ANother especiall meanes of aduauncing this Iurisdiction was practised by exacting Oathes which is also much practised now because by experience they finde great vse of it an Oath being the greatest bond of humane societie and the fittest meanes to ingage men throughly in any cause the first exacting of Oathes was from Archbishops and Bishops by which meanes their Allegeance was strangely withdrawen from their Soueraigne Princes Whereas then first princes for their owne safetie and for the safetie of their Countrey vsed to exact an Oath of Allegeance aswell of the Ecclesiasticall as Temporall subiects The Popes began to withdraw the Clergie from this obedience and Allegeance and so farre they preuailed that the Friars taught that the King of England was not lord of the Clergie but that the Pope was their lord as we haue declared from Ioh. Wiclife And now the Pope beginneth in these desperate dayes to forbidde them of the laity to take the Oath of Allegeance to their Soueraigne whereby as they began to steale away the hearts of the Clergie first from the true and lawfull obedience of their Soueraignes so now proceeding in the same course with the laity what will they leaue to Kings in the end And because this containeth an especiall mysterie of Iurisdiction therefore we thinke it needfull to be plainely opened 29. That Kings did out of dutie and Allegeance exact an Oath of their subiects euen of Bishops and had the same yeelded as a due homage to them and confirmed also by decrees of Councels it is well and worthily obserued of late by that booke written most learnedly and exactly intituled Tripliei nodo triplex cuneus Where this vse is confirmed from the practise of the fourth Toletan Councell held in the yeere sixe hundred and thirtie and from the fift Toletan Councell held about the same time And from the sixt Toletan Councell held in the yeere sixe hundred seuentie and sixe And from the tenth Toletan Councell gathered in the yeere sixe hundred ninetie and soure as also from the Councel of Aquisgrane in the yere eight hundred thirtie and sixe We may adde though it be needlesse some fewe and small obseruations thereto It appeareth that this practise of taking an Oath of Allegeance of subiects is drawen from the law of nature as necessary for the preseruation of States and it seemeth to be as auncient as the gouernement of States For Lycurgus the first founder of the State of Lacedemon hauing once well ordered that State by good lawes tooke an Oath of them all that they should preserue those orders till his returne from the Oracle that is alwayes If any thinke that this was not an Oath of Allegeance to the State I suppose it will be hard to distinguish betweene an Oath to preserue the lawes or to be true to the lawes and an Oath to be true to the State For it is certaine that the State of Lacedemon was preserued by those lawes in great honour and felicitie for the space of fiue hundred yeeres as the same Author reporteth Or as hee saith in another place for sixe hundred yeeres and vpon the breach of those lawes came in the ruine of that State as the same Author doth often obserue This declareth the antiquitie of this Oath as proceeding from the law of nature which yeeldeth this helpe to States for the necessarie preseruation of themselues For which cause it hath bene practised whensoeuer the State thought it needful for after the kings were driuen out of Rome L. Brutus and Collatinus Tarquinius being chosen Consuls Valerius Publicola grew so offended because himselfe was not respected in that choise that he retired from the Senate from all publick action to a priuate life This thing drewe the Senate into some suspicion of his Allegeance Wherfore Brutus the Consul called all the Senate to a solemne Oath of Allegance which Oath Valerius first of al others took most cheerefully Thus in the danger of the State they had recourse to this practise as the most lawfull and assured helpe of States And Scipio Africanus is much commended in the Romane stories for vsing this practise in the danger of that State for when hee vnderstood that some had a purpose to forsake the State hee caused them to take an Oath to bee true to the State and not to forsake it After the same manner was this Oath of Allegeance yeelded by the Church of the Iewes of old For Iosephus reporteth that Augustus Caesar required an Oath of Allegeance which Oath saith he all the
an Oath to stand to the Popes iudgement that at the pleasure of the Pope before the triall of his cause he should be ready either to leaue or to retaine his Kingdom that he should vse no Princely habite or ornament in the meane time that hee should not vndertake any part of gouernement that he should not exact an Oath of Allegeance of his owne subiects that hee should neuer reuenge this wrong vpon the Pope When he had thus hampered the Emperour with an Oath and with such strange and mercilesse conditions such is the Popes mercy where he is Master behold a stratagem a president of humility godlinesse patience mildenesse of a Pope he set vp Rodolph Duke of Sueuia against him in battell 40. The Popes hauing once extorted an Oath of the Emperour were desirous vpon such presidents to make lawes for they had no other meanes to build vp their Iurisdiction therefore when as first by force they extorted some Oathes afterward they set such examples in their Canons and last of all they expounded those Oathes which sometimes Emperours tooke to be Oathes of Allegeance to the Popes For this purpose there is a Canon in the Clementines Clement the first confesseth that Henry the seuenth Emperour refused the Oath which he would haue imposed vpon him and so doe other stories witnesse that the Emperour refused to take that Oath But if we will beleeue Clement in his Canon Henry afterward yeelded to that Oath but would not acknwledge that it was an Oath of Allegeance because the Emperours neuer sweare Allegeance to Popes but Popes to Emperours therefore Clement in that Canon declareth that these which some Emperours yeelded to some Popes were Oathes of Allegeance Declaramns saith he iuramenta praedicta fidelitatis existere censeri debere That is We declare that the foresaid Oathes are and must be accounted to be Oathes of Allegeance 41. By this we see how highly they would aduance the hornes of this Iurisdiction And still we finde this confirmed that the Oath which is giuen to the Pope is vnderstood an Oath of Allegeance And to certifie vs yet more fully of their meaning it is set downe not onely as a law in their Decretals but published as an ordinarie Ceremony which al must take knowledge of In the booke of their Ceremonies it is said that an Oath is to be ministred to all Emperours before their Coronation and before they enter the territories of the Romane Church The Oath is there thus set downe I will exalt the Pope secundum meum posse vitam hee shall neither loose member nor honour by my will councell consent or exhortation In Rome I will make no Decree or ordination of any thing that belongeth to his Holinesse without his councell In the same booke and place before cited it is said that Fredericke the third Emperour tooke that Oath 42. In this Mysterie of Oathes they haue proceeded so far as to exhibite an Oath not onely to the Clergie but to the temporall subiects of other Princes whom they may poyson and peruert by reconciling them to the Pope which as it is a practise most dangerous to them that are so taken and insnared as Birds in the net of their owne destruction so is it no lesse pernitious for such Princes from whose obedience these are drawen whereby the Pope seemeth to bring the question of Iurisdiction to an issue with the Princes of Christendome whether he shall ouerthrow them or they him for it is not possible that both should stand vp together for what is left to Princes if their Crownes and the hearts of their subiects be taken from them Or what is it that Princes can haue a more tender feeling of then of their Crownes and of the hearts of their subiects And what is more forcible to steale away the hearts of subiects from their Prince then to binde them with an Oath of Allegeance to another Prince Then these men that haue bound themselues by an Oath to the Pope how is it possible they should performe true Allegeance to the King For that the Oath which is exhibited to the Pope is an Oath of Allegeance and fidelity the Popes themselues by their Decretals haue assured vs. And if you will seeke it out this you shall finde to be the true reason why Pope Paulus the fift in his late Breues hath forbidden the Recusants of this land to take the Oath of Allegeance to the King because they haue taken an Oath of Allegeance to the Pope Now it is not possible that a man should performe Allegeance to two Soueraignes if one be vassal to the other happily one may hold Allegeance to two as for example a Tenant may sweare homage to his Land-lord and to his Prince also but this cannot be done to two Soueraignes And if one shall take an Oath of Allegeance to diuers Lordes it is concluded that if the Pope be one of those Lords he must be obeyed before all other whatsoeuer Then it is not a Fatherhood in the Church that the Pope striueth for but a power ouer Princes by weakning and vndermining their authority withdrawing the hearts of subiects exacting an Oath of Allegeance of all whom they can reconcile and not permitting their Conuerts to take an Oath of Allegeance to their owne Soueraigne Princes And because we find that moderate and conscionable Papists as Master Hart in the conference with Doctor Reynolds and such like being driuen to vnderstand the cause aright cannot chuse but iustifie our cause and will not yeeld to the Pope a Princehood ouer the world but onely a Fatherhood of the Church not graunting to him a power to depose Princes confessing also that the power which we giue to Princes is not vnderstood of themselues for they before they will vnderstand our cause thinke that wee meane to giue as much to the Prince as they doe to the Pope therefore we haue reason to rest herein assured that if the Iesuites entred not into the Popes battels with a Pontificall furie the Pope would vtterly be forsaken in this wherein all moderate spirits haue already forsaken him or if hee would relinquish this part of the quarrell which hee maintaineth against temporall Princes happily he might make himselfe much more stronger then he is or possibly can be by following this coâ—…rse But as the end is not Religion but a worldly Principality that they shoot at so the meanes which they vse are not the courses of moderation conscience and religion but of force and furie they will haue all or loose all Wherein the wisedome of the Iesuites will be called into great question for setting the Pope vpon such desperate courses at least for being the onely instruments of these new and furious practises which doubtlesse will in the end make an end of his Kingdome §. IIII. Of Inuestitures 43. HAuing spoken somewhat of the meanes whereby this Iurisdiction was sought wee are now to speake of the
magnoperè prouidendum est â—…e in his Deus offendatur per quos religio Christiâ—…na consistere debet Marsilius Patauin hath a testimony which if it were of doubtlesse authority might moue some doubt For hee saith that Pope Simplicius did forbid Inuestitures to bee taken at a lay hand albeit saith he by that decree it is manifest that his predecessours exhibiting all due and humble reuerence to Princes did vse to take Inuestitures from Lay-men It is manifest by this that Marsilius had seene a decree of Simplicius to this purpose Which if it were the true decree of Simplicius then were Inuestitures acknowledged the Princes right long before Charles but if that decree were forged as doubtlesse it was with many moe Let the Romane forgery be acknowledged and the Masters of that mint knowne Howsoeuer it is out of question that Inuestitures were acknowledged the auncient right of the Empire by Haâ—…rian yeelded to Charles graunted also by diuers Popes as is apparant by their expresse confessions of whome some were more auncient then Charles the great and some since 47. The reason why it should belong to temporal Princes is so great that it moued Popes Emperours and Kings to enter into the greatest and hottest contentions the one to purchase a new title the other to retaine their auncient right For vntill the time of Constantine wee finde little or no mention at all of these things because the Iurisdiction was then vnmixt this power coactiue was not then practised by the gouernours of the Church But when Constantine had enriched the Church giuen place and authority to Bishops adding vnto that power which they had a new part of Iurisdiction which they had not before as we haue declared And by this example of Constantine other Emperours and Kings adding thereto so that a temporall Lordship was added in the end to a Bishoprick which thing was first instituted by Otho the second Emperour in the opinion of Cardinall Cusanus For writing of this Otho hee saith Câ—…edidit perpetuis temporibus imperio subiectis pâ—…cem darâ—… posse si temporalia dominia â—…am Rom. Ecclesiae quam alijs adiungerentur cum certi seruiâ—…ij obseruatione tunc enim cultus diuinus augmentaretur religionem in magnam reuerentiam exaltandam credidit quando sanctissimi Episcopi magnae potentiae alijs Principibus intermiscerentur A mixt Iurisdiction thus being committed to Bishops Then was it good reason that Bishops hauiâ—…g receiued such an externall coactiue power from temporall Princes that these Princes should bee well secured of their fidelity to them for so much of their authoritie as they receiued from such Princes 48. This example of gouernment the first Christian Princes set vp in the Church drawne from the gouernement of the Church of Iewes as we haue said so that Christian Kings haue the same power ouer Bishops which the godly Kings of Israell had ouer the Priests in that state From this ground riseth Ecclesiasticall Iurisdiction which being taken by the first Christian Emperours from the example of the state of Israell was continued by them and their successours without question or contradiction till the time of Hildebrand For Gregory the first speaking of this auncient right which Emperours had in his time and before declareth that this right of theirs in placing of Bishops was an order so auncient so established that the contrary thereof was neuer knowne or heard of in the Church And therefore writing to Constantia Augustâ—… he saith Salonitâ—… ciuitatis Episcopus me ac responsali meo nesciente ordinatus est Eâ—… facta res est quae sub nullis anterioribus principibus eâ—…nit Quod egâ—… audiens ad eundem praeuaricaâ—…orem qui 〈◊〉 ordinatus est protinus misi vt omnâ—…no missarum 〈◊〉 celebrarâ—… nullo 〈◊〉 praesumeret nisi 〈◊〉 à serenissimis Dominis 〈◊〉 si hâ—… fieri ipsi iuâ—…sissent That is The Bishop of Sâ—…lone was ordained without the knowledge of my selfe and my Chaplaine And that thing is done which neâ—…er hapned vnder any of the former Princes Which when I vnderstoode I sent presently to that 〈◊〉 which was inordinately ordained that he should not in any case presume to celebrate Masse vnlesse first I might vnderstand of my most serene Lords the Emperours whither they commaunded this Which testimonie â—…is also cited Desâ—… 63. to proue that the Emperors ought to chuse Bishops as Hadrian acknowledged the right to Charles and Lâ—…o to Otho Gregory saith that the Bishop who iâ—…truded vpon that Church not onely without his knowledge but also without the consent of the Emperour should not be suffered to exercise his function before that he might vnderstand whether the Bishoppe had the Emperoâ—…s consent herein he saith also that this practise of intruding without the Emperours consent was a thing neuer practised vnder any Prince before that time Facta res est quae sub nullis anterioribus principibus euenit For tâ—…at these wordes are referred to that intrusion without the Emperours knowledge it is euident because he saith not that this was neuer practised vnder any Pope but not practised vnder any Prince and that he will send to the Prince to know whether the Prince commanded this thing and therefore hee calleth him a Praeuaricator that presumed to crosse this auncient right of Princes Then he condemneth a number of his successours for Prâ—…uaricators Gregory knew well what he wrote hauing the perfect Register of things of this kinde done betweene the time of Constantine and his time therefore his testimonie maketh faire and full euidence that this was the right of Christian Magistrates long before Pope Hadrian did yeeld it to Charles The same thing is also witnessed by the twelfth Toletan Counsell which was hâ—…ld in the time of Pope Agatho in the yeare sixe hundred and eightie that is long before that time wherein Hadrian yeelded this right to Charles as the olde right of the Empire 49. But Cardinall Baroniuâ—… striken with a strange fury in this question of Inuestitures ventureth vpon a new and desperat course denieth all Antiquities and bringeth a more shamelesse handling to these things then euer was brought by any man before him He denieth the whole with all the parts of it that is reported of Hadrian yeelding this to Charles but most of all he breaketh all rules of patience and moderation against Sigebert because among many he also hath reported this Storie Sigeâ—…ert saith he like an Impostor first deuised and forged this tale that Pope Hadrian yeelded Inuestitures to Charles and this he wrote in the fauour of a sâ—…hismaticall Emperour Why Baronius should put vpon Sigeâ—…ert Imposture and subornation we see no reason vnlesse it be that he thinketh that if 〈◊〉 could be put to silence herein there could no proofe appeare in all Antiquity for Inuestitures If this beâ—… his meaning he is much decâ—…iued for before this word Inuestiture was in vse the Princes right was alwaies acknowledged Long before
point and am more willing to search the truth herein because it is a matter of especiall importance concerning this question of Iurisdiction which wee seeke to know For Robert Persons the masked Catholique diuine confesseth in effect thus much that if wee can proue that Inuestitures belong to temporall Princes we haue in his iudgement questionlesse obtained the cause for which we striue Let me set downe his owne words Three things saith he do concurre in making of a Bishop by diuine and Canon law to wit election confirmation and consecration The first to wit election when it is iustly made doth giue right to the elected to pretend the second and third c. Yet can he not vpon his only Election exercise any part of his office of a Bishop either in Iurisdiction or order But when he hath the second part which is confirmation and induction to the benefice which is properly called Inuestiture then hath he Iurisdiction vpon those people and may exercise the Acts thereof by visiting punishing or the like but not the Acts of order vntill he haue consecration also that is to say he cannot make Priests nor administer the Sacrament of confirmation c. And a little after he saith the second which is confirmation and giuing of Iurisdiction must onely proceede from him that is the fountaine of all spirituall Iurisdiction vnder Christ which is the Bishoppe of Rome or some Metropolitane or Bishoppe vnder him that hath authority and Commission from him Thus much the Catholicke Diuine 66. I forgiue many particular escapes in this short discourse not spending time in the examination of by-points I would meete him there where he thinketh himselfe strongest For where he saith confirmation which also he calleth induction or which properly as he graunteth may be called Inuestiture giueth Iurisdiction this we yeeld And then heere wee ioyne issue with olde Sir Robert in that part of his Collection whereon he layeth his greatest hold and are content to trie the whole cause thereon whether Inuestiture which by his confession and the doctrine of his Church and the consent of all giueth Iurisdiction belong of ancient right to the Pope or to temporall Princes If he be able to proue by any auncient full cleare vnsuspected witnesse that the Popes within the space of the first thousand yeares or before Hildebrand either had that right or did practise or so much as challenge that right I will for my part yeeld the cause and will confesse mine errour if thus much be euidently euicted But seeing we haue proued by vndoubted Histories by the consent of Popes themselues by the Decrees established in Councels that this was an auncient right of temporall Princes called Prisca consuetudo by Pope Stephen Antiqua consuetudo by another that the contrarie was neuer heard of vnder any Christian Prince confessed by Gregory the first Then hath he reason either to yeelde vs the cause wholly or to reuoke his wordes againe that Inuestiture giueth Iurisdiction 67. Then the right of Inuestitures standing as the auncient right of our Kings being neuer questioned in Christendome before the time of Pope Gregory the seuenth neuer questioned in this land before the time of Henry the first that King had reason to pleade the vse of his father and brother for himselfe because it being a thing quietly possessed by them was out of doubt peaceably inioyed before them because before them the Popes neuer made title thereto Now concerning the tumults warres blood and confusion in Christendome both in the Church and temporall states which for this quarrell the Popes procured for fiftie yeares together as Malmsbury witnesseth of this it is not my purpose to speake It is enough for mee to open the time when it began and before which time it was neuer challenged by any Pope and to declare that the Popes late practise is condemned by the Iudgement of the auncient Church §. V. Exemption of criminous Clerkes 68. OVr purpose being to take a suruey of that Iurisdiction which we finde challenged by Popes at and somewhat after the time of the Conquest of England at what time the Popes power was at the highest we are to consider in the next place Exemption of criminous Clerkes for as Inuestiture of Bishoppes began then to be claimed so about these times crept exemption of the Popes Clerkes which is taken to be another part of this Iurisdiction My purpose is not to speake of lawfull exemption of the Clergie for both Diuine and humane lawes approue such immunities without which how could the Clergie attend vpon their heauenly businesse These immunities which Emperours and Princes haue giuen to the Church the Church ought to inioy without disturbance and to withdraw such immunities were high sacriledge and impiety against God and his Church But the question is not of these immunities which Christian Kings haue giuen to the Church but of those immunities which the Pope without the leaue or authoritie of Princes hath bestowed out of his fulnesse of power vpon the Clergie which liue vnder the gouernement of other Princes by which the Clergie inioyed a protection from punishment for any sinne This is the thing for which they are not ashamed to striue euen at this day as earnestly as they did in the midst of blindenesse This thing will be better knowne if we search the originall foundation of this errour from the beginning and the occasion by which it grew in the Church For now this opinion is and for some late hundred yeeres hath beene so rooted in the Court of Rome that the Clergie though neuer so much offending by murther treason theft robberies or such like is priuiledged from all temporall Courts of Princes and punishment from the Laity vnlesse first the Church proceede against them and make them no Clerks that they are perswaded both of the truth and antiquity hereof as of a point of faith the occasion grew thus 69. The first auncient and famous Emperours did out of their godly and zealous affections and as we may well iudge vpon good reasons to helpe the Church and to preserue discipline ioyne the aide of their coactiue lawes to the spirituall censures of the Church ordeining that whosoeuer by the gouernours of the Church could not be brought to obedience and order should by the seuerity of temporall punishment be reduced to obedience The vsuall punishment which Emperours did inflict vpon Clerkes was deportation So did Constantine the great punish Eusebius Bishop of Nicomedia and Theognius Bishoppe of Nice And albe it some were threatned with capitall punishment as appeareth by a Letter which Constantine wrote to the Bishoppes of the Nicen Councel recorded by Socrates and inserted in the first Tome of Councels yet the vsuall censure of the Emperour was exile This kind of punishment was often inflicted by other Emperors vpon Bishops the examples are famously knowne and acknowledged I need not to speake of them Insomuch that it began to be
ten pounds of gold the place where such conuenticles were kept should be forfeited to the Emperors Exchequer And againe he saith thus Mâ—…rantur quia coÌ„mouentur potestates Christianae aduersus detestaÌ„dos dissipatores Ecclesiae Si noÌ„ ergo mouerentur quomodo redderent rationeÌ„ de Imperio suo Deo And much more he saith to this purpose FroÌ„ these few places of August we obserue First that in his time there was no doubt made among Catholicks but that the Magistrate should punish criminous Clarks by his coactiâ—…e power Otherwise they could not reÌ„der to God an account of their gouernment which standeth full against the doctrine of the present court of Rome 2. That they who first sought priuiledges exemptions from the sword of the Magistrate were Donatists wherein the Court of Rome succeedeth them taking other errours from other filthie heretiques and this from the Donatists 73. This was the auncient Doctrine but now at Rome they teach the contrary Bellarmine saith that such Clerkes as are within the Dominions of any King are not subiects to that King meaning that they are the Popes subiects and therefore not the Kings He saith also that Clerkes owe no obedience to Kings neither by Gods law nor mans Non sunt amplius Reges Clericorum superiores proinde non tenentur iure Diuino nec humano eis parere nisi quantum ad leges directinas That is Kings are not now any more Soueraignes of Clerkes and therefore Clerkes are not bound to obey them by Gods Lawe or mans law vnlesse it be in respect of lawes directiue What his meaning is by lawes directiue he expoundeth thus That Princes haue no coactiue power ouer the Clergie but onely power directiue If the Prince direct some things for the good of the Common-wealth Clerkes saith he are to obey such directions but he addeth Nec volumus dicere his legibus teneri Clericos obligatione coactiua sed solum directiua vt sunt leges principum quanquam ijsdem legibus vt ab Eeclesia approbantur rataehabentur etiam coactiua obligatione teneantur Wee graunt not saith he that Clerkes are bound by these lawes of Princes in a bond coactiue but onely directiue as they are lawes of Princes Albeit the same Lawes being approoued and ratified by the Church bindeth Clerkes in a bond coactiue By this new and admirable doctrine Princes hane no coactiue power ouer their Clergy but the Church hath coactiue power ouer them by the Church he meaneth the Pope here and therefore comparing the lawes of Princes with the Popes Canon lawes he saith Legi Canonicae etiam in causis criminalibus câ—…dere debet lex imperialis That is The imperiall law ought in matters criminall to giue place to the Canon law by which doctrine we finde that they tread the pathes and fil vp the measure of their forefathers the olde Friars maintaining that which Iohn Wiclife obserueth was first begunne by Friars that the King was not Lord of the Clergie but the Pope was their Lord. Thus a new King is raised vp ouer the Popes Clerkes and the Scripture is verified which saith And they haue a King ouer them which is the Angell of the bottomlesse pit whose name in Hebrew is Abaddon and in Greeke he is named Apollyon 74. The Laterane Councel was held in the yeare one thousand twoâ—…hundred and fifteene It is decreed in the same Councell That Heretickes being condemned should be deliuered ouer to the secular power from which time these pretended priuiledges haue growen so great and swollen vp so bigge that not being able to holde together they are burst in the midst hauing drawne vpon themselues the iust vengeance of God and of Magistrates so procuring their owne ruine But because Bellarmine cyteth a few testimonies to prooue the exemption of Clerks from secular iudgements we may first breefly examine them and so proceede Hee cyteth thus Concil Mileuitan Can. 13. Matiscon Can. 8. These places he quoteth producing no words He cyteth also other places thus Sulpitius lib. 2. Sacrae histor refert â—… Martinum aliquando dixisse nouum esse inauditum nefas vt causam Ecclesiae iudex saeculi iudicaret Item Ambrosius Epist. 78. ad Theophilum et August Epist. 162. These places are cyted or quoted by Bellarmine barely without the Authours wordes We answere in a word All this toucheth nothing our question of exempting criminous Clerkes from temporall Courts for these places speake not one word of this thing 75. The first place Concil Mileuit can 13. to preuent such busie fellowes of the Clergy which caried their causes to Rome as then some did ordeyned that euery Clerke should be gouerned by his owne Superiour What is this to the purpose This is all which that Canon saith The next Canon of the Matiscon Councell saith that if one Clerke had a matter against another Clerke he should not complaine to the secular Iudge but to the Bishoppe This maketh as little to the purpose Afterward he citeth for exemption from punishment these places 〈◊〉 Chalced. can 9. Si Clericus aduersus Clericum habet negotium non relinquat EpiscopuÌ„ suum ad saecularia iuaicia non recâ—…rrat c. Concil Agathens can 32. Clericum nullus praesumat apud saecularem iudicem Episcopo non permittente pulsare c. Concil Carthag 3 can 9. â—…oletan 3. can 13. Matiscon cap. 8. These testimonies speake as little for him as the other The 9. Canon of the Chalced. Councell speaketh not of the immunities of criminous Clerkes but onely prescribeth how one Clerke should accuse another before the Bishoppe and not before the ciuill Iudge And this is the purpose of all the other places cytâ—…d out of Concil Agathens Cartbag Toletan and Matiscon all speake of one thing Onely here one part of their knowne knauery is to be opened for he cyteth Concil Agathens can 32. thus Clericum nullus praesumat apudsaecularem iudicem Episcopo non permittente pulsare Marke good Reader a worke of darkenesse an example of Romish impudency by true sound and vnsuspected Recordes these priuiledges which now are in question betweene vs cannot be proued to haue beene established of old or to haue any testimonie of antiquity but by vertue of their expurgatoriall tables they are able to shew vs this auncient Canon of the Councell of Agatha corrupted by themselues For the Canon which Bellarmine cyteth of this Councell and the masked Romish Catholicke Diuine taketh from Bellarmine in some later Editions hath these wordes as they are cyted by him but in the first incorrupt Edition of Councels set forth by Peter Crab the wordes of that Canon are thus set downe Clericus nec quenquam praesumat apud saecularem iudicem Episcopo non permitente pulsare And thus it is read by them that aunciently cyte the same Now this agreeth well with the ninth Canon of the Chalced Councell which ordeyneth that if one Clerke will accuse another
it must be before his Bishoppe if he will accuse the Bishoppe it must be in a prouinciall Synode if he will draw a Metropolitane to answer for some things which he hath done it must be either before the Primate or before the Bishoppe of Constantinople All this we graunt to be orderly established the things intended are matters of Ecclesiasticall Cognisance which are to bee heard in such Courts but our question is of Clerks that are conuinced to be murtherers or Traytors c. Whether such are to bee exempt from triall at Common Law Of which exemptions these auncient Bishops neuer dreamed 76. It is moreouer to be noted that diuers of these places which he citeth as that from Sulpitius of S. Martin and from Ambrose c. are vnderstoode of another thing and not of exemption of Clarkes at all For the auncient Bishops as before I haue declared thought it not lawfull that matters of faith and doctrine should be determined in ciuill Courts by ciuill Magistrates This is true and this is that which those testimonies speake of but what is this to criminous Clarks that Robbers Traytors murtherers of the Clergy should be protected by reason of their Order from triall in Kings Courts this is a doctrine neuer knowne to the auncients It was first knowne in England in the dayes of Henry the second stirred seditiously by Thomas Becket Archbishop of Canterbury when as before that time it was neuer heard of in this land The manner heereof I will briefly recite out of Roger Houeden 77. In the yeare of Christ 1163. the contention concerning exemption of Clerkes grew famous betweene King Henry the second and Thomas Becket Archbishop Rex volebat saith Houeden Presbyteros Diaconos Subdiaconos alios Ecclesiae rectores si comprehensi fuissent in latrocinio vel murdra vel felonia vel iniqua combustione vel in his similibus ducere ad saecularia examina punire sicâ—…t laicum Contra quod Archiepiscopus dicebat quod si Clericus in sacris ordinibus constitutus vel quilibet alius rector Ecclesiae calumniatus fuerit de aliqua re per viros Ecclesiasticos in curia Ecclesiastica debet iudicari Et si conusctus fuerit ordines suos amittere sic alâ—…enatus ab officio beneficio Ecclesiastico si postea forisfecerit secundum voluntatem Regis baliuorum suorum iudicetur That is The King required that Priests Deacons Subdeacons and other Rectors of Churches if they were taken in murther robbery felony burning of houses or such like should be brought to secular Courts and there punished as Lay-men were Against this the Archbishop affirmed that if a Clerke being within holy Orders or any other Parson of a Church were accused of any thing he must be iudged by Ecclesiasticall Iudges in the Ecclesiasticall Court and if he were conuict he should loose his orders And so being excluded from office and benefice Ecclesiasticall if after this he incurred the like fault then might he be iudged at the pleasure of the King and his Officers Thus farre Houeden 78. This manner of degrading and afterward deliuering criminous Clarkes to the Secular power crept in about the time of the Conquest Bellarmine pretending greater antiquity for it can neither bring reason nor testimony for his opinion For whereas he saith Eusebius Bishop of Nicomedia was first deposed by the Nicen Councell and afterward banished by Constantine by this offering to proue that they must first be deliuered to the Secular power before the Magistrate may punish and reproueth Caluin for not considering thus much We answere Bellarmine sheweth his skill in shifting and hiding the truth to deceiue the simple For Caluin in that place which he citeth against this Romish immunitie proueth two things First that coactiue power is in the hand of the Prince and not of the Church Ecclesia cogendi non habet potestatem de ciuili coactione loquor saith he Secondly that criminous Clarkes had no immunities from the ciuill Courts of Princes Now that Bellarmine saith Eusebius was first deposed by the Councell and then banished is nothing against Caluin but for him For the Church did not inflict the coactiue punishment of banishment but the Emperour And Caluin proueth at large in the same place that Kings and Emperours haue no authority to iudge in causes of faith Producing the example of Ambrose who in such a cause resisted the Emperour Valentinian Such a cause was that of Eusebius the Emperour knew not whether he was in fault or not before the Church had iudged the cause But Caluines iudgement and our question standeth in two thinges against which Bellarmine doth not so much as speake one word First that coactiue power was not then in the Church but in the Emperour Secondly that criminous Clerkes were then punished by the Magistrate Eusebius is not there proposed as a criminous Clerke but as an example wherein the coactiue power of the Magistrate appeared But now they say if a Clerke bee proued to be a felon murderer traytor c. the Kings Courts may not censure this man before he be degraded Against these immunities wee speake for which Bellarmine offereth not any proofe Let the manner of Bellarmines answering bee considered for it is easie for him thus to answere Caluin and all Protestants when he toucheth not the point in question but singling out of some peece from the whole wresteth that also from the true intent that he may shape a mis-shapen answere to it Then we say that before those desperate times wherein Iohn Wiclife saith and often affirmeth that Satan was loosed no man claymed such a beastly priuiledge as to be exempt from the Kings Lawes for murder treason and such like Godlinesse reason and the light of Nature seemeth to be extinguished in these men that being contented to take the benefite of Lawes will not be contented to bee ordered by Lawes This hath forced some Princes and States to ordaine Lawes that such should be out of the Kings protection Thus did that noble Prince Edward the third King of England Wherein the King seemed to open the true way to his successors to deale with these men for seeing as then they did so now they doe denie themselues to be the Kings subiects and affirme that neither by Diuine nor humane right they are bound to obey the King with his coactiue Lawes and that they are onely vnder the subiection of the Pope that for no crimes they are to bee examined in the Kings Courts is it not great reason that the protection of the King and of his Lawes should bee denyed to them that reiect both 79. Houeden declareth also that in the yeare one thousand one hundred sixtie foure the King called a Synod and required the Bishops vpon their allegeance to receiue his Graundfathers Lawes to vse and obserue them Thomas Becket answered for him and the rest they would keepe all the Lawes
coactiue power to the spirituall Iurisdiction of the Church This is the meaning of the imperiall Constitutions that are in this manner set forth by Emperors of religions and doctrinall matters For the Emperours neuer tooke vpon them by their authority to define matters of faith and Religion that they left to the Church but when the Church had defined such truthes against Heretiques and had deposed those Heretiques then the Emperours concurring with the Church by their imperiall Constitutions Sicque Diuina 〈◊〉 â—…umana concurrentia saith Iustinian in the same place vnam consonantiam rectis sententijs fecere did by their coactiue power giue strength to the Canons of the Church Aâ—…d thus was the Church then gouerned by the Canons of auncient approued Synodes for matters of faith and doctrine and by the Constitutions of Christian Princes for matters of externall coactiue Iurisdiction That Constantine by whose authority the sixt Synod was held at Constantinople declareth that the Canons of the fiue generall Councels adding this second Constantinopolitan to the other â—…ouce were the rules or Canons of the Church 86. So long as those Canons of auncient Councels stood for Church lawes executed by the Bishoppes who were the Gouernours so long the Gouernement of the Church stood vp in peace order and Godlinesse one Bishoppe incroached not vpon the Iurisdiction of another But after that the Pope had intruded vpon the Iurisdiction of the Church and was growen so great as that by coactiue power hee was able to maintaine his intrusion then began hee to giue lawes such as are comprised in the Decretals of Gregory the ninth who was Pope in the yeare one thousand two hundred and thirty the first publisher of those lawes which were continued by 〈◊〉 the eight 〈◊〉 fift Iohn the two and twentieth 〈◊〉 by some other Popes vnto the yeare one thousand foure hundred and eightie for then liued Sixtus the fourth whose Decrees are published in that part that is called extraâ—… Commun since which times those lawes haue beene in some force in diuers nations where they did not crosse the imperiall lawes of those nations nor the Iurisdiction of the Kings thereof Now seeing that the Popes Iurisdiction is so much set forth and aduanced by these Canon lawes let vs in few wordes examine how he came to this Iurisdiction to giue lawes and by what right he maintaineth it If any man haue right to make and giue lawes this right must either be from God giuen him or from men who haue had this right before in themselues for euery man cannot giue this right but onely such as haue it and haue power to giue it But the Pope receiued not this right of giuing lawes to all Churches from God for God hath no where giuen any such Commission to him The ancient Bishops of Rome either did not claime any such Iurisdiction or if any were carried by leuity and ambition out of their bounds they were presently recalled and repressed by the godly Bishoppes of that age As Anicet was by Polycâ—…rp Victor by 〈◊〉 Polyâ—…rates and the other Bishoppes of Asia Zozimus Boniface and 〈◊〉 by S. Augustine and the Affrican Bishoppes so that the Bishoppes of Rome could neuer be suffered to make lawes to the Church for one thousand or twelue hundred yeares after Christ therefore this right was not from Christ. 87. For if it had beene from Christ then should the Pope haue beene suffered to haue practised the same before twelue hundreth yeares were expired For the godly auncient Fathers did neuer withstand the Bishop of Rome in any Iurisdiction which hee could claime from Christ. But in this thing it is knowne that they withstoode him therefore this Iurisdiction whereunto after so many hundreth yeares hee intruded himselfe against the iudgement of the auncient Fathers who resisted him heerein is not from God Neither can this right bee claimed from man because they who chalenge it will haue it to be a diuine right not humane And they quarrell vs for that we admit that temporall Princes may haue such Iurisdiction so that they vtterly denie that this Iurisdiction is deriued from any humane power Now he 〈◊〉 to execute Iurisdiction which is neither giuen him from God nor man must needs be conuinced to be an intruder and to come in his owne name and consequently to fulfill that Scripture I came in my Fathers name and you receiue mee not If another shall come in his owne name him you will receiue Which the auntient Fathers expound of the comming of Antichrist in his owne name And what more pregnant proofe can be brought of this his comming in his owne name then is this intruding himselfe into a Iurisdiction which he had neither from God nor from the Princes of this world And because the Pope after one thousand and two hundred yeares had no more right to giue Lawes to the Church then in former ages he had therefore this Iurisdiction is vnlawfull which by these Lawes hee practiseth Wherein onely defacto he is found to doe that whereunto he neuer had right 88. Moreouer if Bellarmine haue declared the true conditions of iust and lawfull Lawes it will followe that the Canon Lawes are no iust Lawes Bellarmine confesseth that foure conditions are required in a Law to make it iust the first is drawne from the end for it must be referred to the common good for herein saith Aristotle a King differeth from a tyrant because a King respecteth the common good of his subiects but a tyrant looketh onely vpon his owne priuate profit and thus saith Bellarmine doth a iust Law differ from a tyrannicall Law Then are the Popes Canon Lawes proued tyrannicall and vniust because they respect not the common good but the priuate wealth of the Pope as all those doe that draw all appellations to him The second condition which in Bellarmines iudgement maketh a Law iust is drawne from the efficient For it must be from a man that hath full authority Nemo enim potest legem imponere â—…nsibi subdiâ—…o saith he By this it will likewise follow that the Popes Canons are no iust Lawes because the Pope hath no authority to make such Canons binding them that are not his subiects as we haue declared before The third condition that maketh a Law iust is drawne from the matter saith 〈◊〉 for it must not forbid vertue nor commaund vice but the Canon Lawes are such as forbid vertue and commaund vice as appeareth by all those Canons that proceede with their non obstante I will note one example of many There is a Canon that runneth thus Quum aliquibus recipiendi aliquem in Canonicum alicuius Ecclesiae non obstantibus ciusdem Ecclesiae priuilegijs consuetudinibus vel statutis â—…uramento confirmatione Apostolica vel quacunque firmitate alia roboratis per nostras literas concedimus facultatem c. That is When wee graunt power to any by our letters to receiue any to be
maintained the lawes and customes of his father against the Pope and Henry the first the lawes and customes of his brother and father and Henry the second the lawes and customes of the Kingdome vsed by his Grandfather Henry the first or any other afterward referring themselues to the same lawes the lawes and customes of which they speake are the auncient lawes and priuiledges of this land confirmed by the Conquerour receiued from King Edward proceeding from King Edgar and before him from King Alphred And are therefore of much greater antiquity then the Popish Religion lately concluded in the Councell of Trent as many parts of that Religion were Then it appeareth that the auncient lawes of this land did forbid an appeale to Rome neither is that to be much maruelled for why should it be thought strange that an appeale to Rome was vtterly forbidden by the Church and State of England feeing long before that time we finde the same thing forbidden by the Church of Africa After this time wherein Appeales to Rome were forbidden in England we finde that in Fraunce the same thing was prohibited by the law which the French call the pragmaticall Sanction for in the yeare one thousand two hundred threescore and eight Lewes the ninth French King called S. Lewes ordeined the pragmatical Sanction wherein all the oppressions of the Church of Rome are vtterly forbidden that none of those things be practised in Fraunce vnlesse it be by the expresse and free consent of the King and Church of that Kingdome Thus haue Kings alwaies prescribed against the Pope in matters of Iurisdiction as the Church in like sort hath prescribed against the Pope in matters of faith and Religion as hereafter in the last Chapter shall be declared §. VIII Of deposing and depriuing Kings and dissoluing the Oath of Alleageance wherein consisted the highest pitch of this pretended Iurisdiction 96. THE last and greatest point of this Iurisdiction wherein the strings of this authority were stretched vp to the highest was that their practise of Deposing Kings and discharging Subiects from their Alleageance By which practise the Church was confounded the States of the world ouerturned Kings robbed of their right subiects of their faith and truth euery nation scourged with warres and blood-shed and in the common vexation of all Christendome onely the Popes state and worldly glory increased who could not otherwise rise but with the ruine of the Church and States In this place therefore I will as breefely as I can passe through by way of short History the practise of the Popes in deposing of Kings That it may be apparant to the world that we are so farre from being afraid to confesse this power which they so much boast of that we are rather readie to publish it to the world For hereby all men which haue any vnderstanding of that power which Iesus Christ left to his Church may know the Tyrannie vsurpation pride vaine-glory ambition and madnesse of him who exalteth himselfe in the Church against God and against them that are called Gods Wherein we may learne to be armed with patience to suffer for a time whatsoeuer the lust of proud and bloud-sucking Popes haue leaue to do for the sinnes of our Princes and people and Churches For their time is set and drawing to an end and nothing hath beene done but that which is fore-warned in the Scripture So that by these ambitious and bloudy practises wee shall finde how the Scriptures are fulfilled 97. For one Scripture saith that a starre must fall from heauen who must be a King of the Locusts which is called also the Angell of the bottomlesse pit whose name in Hebrew is Abaddon and in Greeke Apollyon that is a destroyer Which Prophesie of his destroying power is verified most apparantly in this practise of excommunicating Kings and loosing the knot of obedience Whereby confusion and destruction is brought vpon all Kingdomes of Christendome Hereby he is proued to be a destroyer an exterminator an excommunicator Therefore the vulgar translation addeth significantly Latine habens nomen exterminans Another Scripture saith The tenne Kings shall giue their power and authority to the beast Though the Kings of Christendome did neuer directly yeeld to the Pope this authority ouer their owne Kingdomes and ouer themselues that the Popes might depose and displace them at his pleasure yet this they gaue him in effect and by consequence For they gaue him so much that he might vpon their owne graunt challenge this and they who had graunted him so much had no reason to except against his challenge For though the King which was to be depriued denied the Pope this power yet such Princes did yeeld it to him to whom the Pope had giuen the Kingdom of the deposed Prince he did yeeld it who should vse the benefit of the Popes vsurped power For example though the late Kings of France haue alwaies denied that the Pope had any Authority to depose the French Kings yet the Kings of France haue giuen him this power For the former Kings yeelded it as Pipin and Charles For they had no other title to the Kingdome then from this power of the Pope Therefore they yeelded that the Pope had power and authority to giue Kingdomes and in that sense gaue their power and authority to the beast So that when these first French Kings honoured the Pope with this vndue honour though then they seemed to receiue Kingdomes from him yet the Scripture looketh farther into these practises then they did which practised them For they respected onely themselues their owne present greatnesse but in receiuing such power from the Popes they gaue in trueth their power and authority to the Popes For how could they in iustice denie but that the same power which deposed other Kings to raise them might as well haue deposed them to raise other Thus most of the Kings of Christendome gaue their kingdomes to the Popes That this new and strange power of Antichrist may better appeare I will open the beginning and continuance of the Popes practise herein Leo Iconomachus 98. THe first Prince vpon whom the Pope began this practise was Leo the Emperour whom Platina calleth Leo the third he was called Iconomachus for defacing of Images This Prince was deposed by Gregory the third who was Pope in the yeare seuen hundred ninety sixe Pope Gregory the second prepared the way thus When Leo the Emperour being much offended at the superstitious and foule abuse of Images which he saw daily then growing in the Church did vtterly deface Images in Churches and commaunded Pope Gregory the second then Bishop of Rome to doe the like the Pope tooke his aduise in such indignation that he raised all Italy in rebellion against him So the Emperour lost his holde in Italy and a number of little States were raised in Italy euery City striuing to make it selfe a free State Gregory the second hauing done thus much died and left the
they whom he had banished from Parma were returned thither by the Popes practise and taking the Towne by force had giuen a great ouerthrow to the other Citizens fearing least this example might draw other Cities to the like reuolt he gaue ouer the iourney to Lions and wrote Letters to the French King and all Prelates refuting the Popes friuolous obiections declaring the iustice of his cause and his innocency Innocentius regarding neither iustice nor innocency pursued him by violence malice open warres secret conspiracies seeking all meanes that his vnholy head could inuent to take away the life of Fredericke As he was taking his recreation in hauking at Grossetum by the Sea shore neare to Sien the Pope drew his owne seruants to a conspiracy the conspiracy was detected and the traytors had the reward of their treason Innocentius who could not rest till he had done some Pontificall exploit against the life of this Prince stirred vp the Princes of Germany to thrust downe Fredericke and to set vp another first was set vp Henry Lantgraue of Thuringia this man besieging Vâ—…mes was wounded by the shot of an Arrow and shortly after resigned both his life and the Empire After this was William Earle of Holland set vp this man was slaine in the warres which he had gaged against the Frisians neither of these saith Naucler were numbred among the Emperours At last after so many secret traps laid for the life of this Prince behold the end of the Popes malice where strength faileth the Emperour was destroyed by poison King Iohn of England 124. THe King of England sped no better then others for by this vnbridled power of vsurped Iurisdiction King Iohn with the whole Kingdome was brought into great trouble and perplexity these troubles grew vpon a quarrell of Election betweene the Monkes of Canterbury and the Suffraganes in the seuenth yeare of King Iohn for after the death of Hubert Archbishoppe of Canterbury the Monkes without the knowledge of the King or respect of the Suffraganes chose Reynold the Subpriour of the house to be Archbishoppe who secretly went to Rome to haue this his election confirmed by the Pope but stay was made at Rome because he shewed not Letters commendatory from the King The Monkes perceiuing that without those letters commendatory they could not proceede made request to the King that they might chuse another whom the King might commend this the King liked well and commended Iohn Gray the Bishoppe of Norwich being his Chaplaine and President of his Counsell as Hollinshed saith but Mat. Paris whom he cyteth hath not so much The Monkes gladly obeyed the Kings request and madâ—… choise of this man but the Pope refusing both thrust vpon them Stephen Langton commanding and compelling so many of those Monkes of that Couent as were then at Rome to chuse him the King was herewith much moued because Stephen Langton was brought vp vnder the French King and bound to him betweene whom and King Iohn there was at that time much warre and dissention wherefore the King banished the Monkes that had chosen Stephen and wrote to the Pope that he had no reason to admit Stephen to such a place in his Kingdome a man promoted by the French King and at his commaund This contention continuing the Pope sent to the Bishoppes of England commaunding them to put the King and his land vnder the sentence of interdiction denouncing him and his land accursed The Bishoppes to whom the Pope wrote being by this time become the Popes subiects and sâ—…ruants and not the Kings which is the end which the Pope seeketh by his Iurisdiction denounced the interdiction and then fledde to Rome King Iohn seeing many fall from his obedience to the obedience of the Pope drewe his people to an Oath of Alleageance After this came Paâ—…dulph Legat from the Pope who after that he had beene here a while was commaunded by the Pope to repaire to the French King there with Stephen Langton to take Councell and to stirre vp the French to make warres vpon King Iohn Thus King Iohn was depriuâ—…d of his Gouernement his subiects absolued from their Alleageance by which practise many reuolted from him so that he was left weake and when the Popâ—… had thus weakned him then he set vp the French King in armes against him The issue was this The King circumuented by these practises of the Pope and oppressed being also bereaued of all helpe was forced to deliuer his Crowne to Pandulph and receiued it from him againe as from the Popes hands And thus was Stephen Langton made Archbishoppe this was done in the fifteenth yeare of King Iohn An. Dom. 1213. The Earle of Tholous 125. WHen Frederick the second liued so persecuted by the Pope as we haue declared a new and strange generation rose vp of a suddaine neuer seene in the world before starting vp like those armed Souldiers which the Poets faine to haue sprung vp suddenly of the Serpents teeth being sowed by Cadmus Such a serpentine generation of Friars were newly hatched at this time the first founders of them were Francis and Doâ—…inick For the Popes hauing a purpose to raise themselues aboue the Church and aboue Kings and Emperours as both by their profession and claime in the Canon Law and by their practise was apparant and for this purpose thundring out their excommunications vpon euery occasion practising this power in deposing Princes found themselues much crossed in these courses by Bishops and especially by the Bishops of Germany who stood out for a long time faithfull in the Church and couragious against the Popes tyranny Auentiâ—…us giueth many testimonies of the courage of the German Bishops as else-where also we haue obserued of the English Bishops for he writing of the times of Frederick the second the Bishops then saith he were not as now they are addict to the seruice of the Pope giuen to idlenesse and pleasure but learned industrious louing Christ and declaring their loue by feeding their flockes diligently These were not for the Popes purpose For in diuers Synodes they censured the Popes folly and ambition freely and withstood his tyrannie Then was the Church so gouerned by Bishops all matters so iudged and determined that the Pope might aduise but hee could not by authority attempt any thing in the Prouince of any Bishop thinges being guided by truth law the iudgement of the wisest and best learned in the Prouince and by the Councel and common consent of the Clergy of that Prouince Who had reason to know the estate of their Church and Prouince better then the Pope or any stranger could doe This godly order in the Church the Pope had a purpose to confound to oppâ—…esse the Bishops authority and to draw all power to himselfe Hoc iâ—…stitutum to vse the words of Aueâ—…tinus tollere antiquare Episcoporum autoruatem Labefactare ad vnius cuâ—…cta potestatem redigere complacitum est 126. This being the purpose of Popes
time greeuously troubled and vexed for want of the Emperors presence and had twise ouerthrown Ruperi or as some call him Robert King of Sicily the son of Charles whence grewe a new vexation of Italy betweene these two Pâ—…inces and as Platina saith the blame was laid vpon Clement who had called the Emperour with an Armie into Italy hee came to Rome for the Emperiall Crowne as Clement had inuited him thereto But because the Popes must bee alwaies like themselues Clement first denied his Coronation afterward hee consented vpon condition that Henry should take an Oath of Alleageance to the Pope This the Emperour refused as being a thing strange and without example Heere is descried an other end of these excommunications the Popes purpose to bring Kings and Emperours vnder them in respect of temporall Iurisdiction therefore they required of Emperours an Oath of Alleageance Clement the fift in one of his Canons maketh a long processe to proue that Henry tooke an Oath of Alleageance and that such an Oath is due to the Pope from Emperours 140. Clement pursuing his hatred against Henry aduanced the Title of Robert to Sicily whom the Emperour had by an ordinary processe of law condemned for Treason and declared an enemy to the Empire The Popes exception against Henry was that the Kingdome of Sicily belonged not to the Empire but he alleaged saith Platina that it was the Popes right to bestow the Kingdome of Sicily on this side and beyond Pharus vpon whom he pleased or to take it from whom hee would hence began great stirres to grow betweene the Pope and Emperor The Emperour pursuing his right brought an Armie into Italy and comming to Bonauentum his purpose was there to rest himselfe a few daies and to betake himselfe to prayer and fasting and other good workes that his lawfull labours and purposes might be blessed of God intending on the feast of the assumption to take the holy Sacrament The Bishoppe of Trent his Confessour was absent at that time being sent to Pope Clement but there was one sent backe in his roome a Iacobin Friar of S. Dominicks Order suborned for to worke a feate this man at that time administring the Sacrament hauing mingled Adamantin dust which is thought to be the strongest poyson in the flower whereof the Eucharist was made gaue it so prepared to the Emperour the poyson was so strong that the Emperour presently perceiued the danger and when the Masse was ended he called the Friar and said to him O Sir depart quickly for if my seruants shall knowe what a mischiefe you haue done vpon me you should die a miserable death but God forgiue you And so the Friar escaped and the Emperour died Lodouicus Bauarus 141. AFter the death of Henry the seuenth the Princes Electors were at variance for a successour some were for Frederiâ—…ke Duke of Austria others for Lodouicâ—… Duke of Bauare Iohn the two and twentieth Pope apprehended the occasion to dash one of these Princes against the other First he reiected Fredericâ—… with great contumely for when Fredericke had sent a Bishoppe to moue the Pope to ratifie his Election and the Bishoppe eloquently declared the Nobility of Fredericke and his valiant Progenitours vsing that speech Fortes crâ—…antur fortibus bonis the Pope with Pontificall arrogancy answered that Solomon the wisest man that euer was begot a most foolish sonne Against Lodouicke likewise hee pretended a quarrel for that he tooke more vpon him then belonged to his place and sometimes seeming to fauour the one and sometimes the other at last he promised Fredericke that hee would make him Emperour if hee would bring an Army into Italy to reueng him of Maphaeus and of his sonnes called Vicounts By this means great warres were raised vp in Italy and in Germany the two Princes Lodouicke and Fredericke met also in a battell fought from Sunne rising to Sunne setting wherein Lodouicke had the victory Fredericke was taken prisoner 142. Whereupon Pope Iohn without lawfull processe excommunicated Lodouicke in his Consistory at Auinion and declared him to be schismaticall hereticall and rebellious against the Church and depriued not onely Fredericke himselfe of all his Dominions as much as in him lay but depriued also all Clerkes that should giue him councell or aide Against this excommunication the Emperour appealed the forme of which Appellation is to be well obserued for albeit some write that he appealed from the Pope mis-informed to the Pope truly foâ—…d and to a generall Councell yet this is but the relation of such as fauoured the Popes Iurisdiction thinking that no appeale could be made from the Pope simply And therefore no relation of others can satisfie vs in this point so well as the very authenticke writ of Lodouicke himselfe wherein hee declareth his appeale which writ or declaration is set downe at large in Naucler from whence I would obserue some things which the Emperour declareth concerning the Popes Iurisdiction for therein he toucheth many points of his Iurisdiction and taketh exception against such partes of Iurisdiction which the Pope claimed partly in preiudice of the temporall Magistrate partly in preiudice of the Church For the question of Iurisdiction was better studied by learned men in the time of this Emperor then euer it was since 143. Lodouick then vnderstanding by men of greate learning in humane and diuine lawes which that age brought forth that the Pope had incroached vpon the right of temporall Princes and vpon the Iurisdiction of the Church and that hee ought to be gouerned iâ—… temporall affaires by the Emperour in spirituall affaires by the Church appealed from the Pope to a generall Councel and to the Catholicke Church thus the Emperour declareth his appeale appellauimus ad futurum generale Concilium ad sanctam Catholicam Ecclesiam This was done in an Assembly held at Franckfort published as a Decree against the Processes of Iohn the two and twentieth which Decree though it be somewhat large yet because it conteineth the iust claime of the temporall Magistrate against the pretended Iurisdiction of the Pope I must draw at least the summe of it to giue some satisfaction to the Reader He declareth the Popes claime for he claimed that hee had temporall Iurisdiction ouer Princes that the imperiall power was from the Pope that he that is chosen King of the Romanes hath no Iurisdiction by his sole Election vntill he be annointed consecrated and crowned that in temporall matters the Pope hath a fulnesse of power This was first the Popes claime whereunto the Emperour answereth That this standeth against the auncient Canons of the Church against law and against reason Hee cyteth for this diuers Canons to proue that the Emperour hath not his power from the Pope but from God alone Against each of the foresaid Positions he cyteth diuers Canons out of the Decrete of Gratian. Secondly Pope Iohn the two and twentieth obiected against the Emperour that hee the
said Pope had annihilated the Emperours Election and that therefore the Emperor had no right to administer the imperiall lawes but that this administration belonged by right to the Pope To this the Emperour answereth That this standeth against the liberties of the Empire and against the liberties of them that are Electors against the lawes and liberties of all the Princes and subiects of Germany 144. And whereas thirdly the Pope obiecteth that he hath excommunicated all that shall adhaere performe obedience and reuerence to the Emperour and saith that the iudgement of the Pastor whether it be iust or vniust is to be obserued To this the Emperor answereth That these denunciations are of none effect for it is a rule that if a Prelat in commaunding or forbidding shall not keepe the forme prescribed by the Canons they who disobey him doe not incurre the sentence of excommunication Now the Canons and the Church doe take from the Pope power in temporalities which power Iohn the two and twentieth vsurpeth this is one of those cases wherein the sentence of a Prelat is not to be feared Another reason is because by law that sentence is of no force where there is an expresse errour in the sentence as if a subiect should be commanded not to obey his Superiour or if something should be commaunded against God or against holy Scripture Now it is manifest that Iohn the two and twentieth hath commaunded the subiects of the Empire not to obey vs whom they are bound to obey by the lawes of God and man Another reason is because it is a thing confessed that the sentence which is giuen after a lawfull appeale is void and of no strength but it is well knowne that from Iohn the two and twentieth and his Processes against God and iustice we appealed to a generall Councell and to the holy Catholicke Church which appellation was brought to the knowledge of the said Iohn before he published Excommunication against them that fauour vs. 145. If it be said the Pope hath no Superiour and therefore no man may appeale from him To this the Emperour answereth thus It is manifest by the Catholicke doctrine that the Pope in matters of faith is subiect to Councels 16. dist sicut in tex in Gloss. 25. q. 2. sunt quidam 19. di Anastasius 40. di Si Papa Moreouer in matters of diuine right a Councell is aboue the Pope Thus then we haue appealed to a Superiour that is to a generall Councell against our aduersaries who impugne vs the Empire the Catholicke faith which the holy Church of Rome handleth This is the summe of that Decree which the Emperour published against the Pope it was dated at Franckfort the eighth of August Anno one thousand three hundred thirty and eight The processe of this worthy Prince giueth vs occasion to consider some things which declare the sense iudgement and Religion of the Ghurch of Rome at this time By the Church of Rome I vnderstand these Westerne parts of Christendome for so I find it tearmed heere and other-where separate and distinct from the Pope 146. For first by this appeale from the Pope to a generall Councell we finde that it was the iudgement and common receiued sentence of that age that a general Councel is aboue the Pope may iudge the Pope censure and depose him this is here declared and confirmed this was not onely the doctrine of the Church then but long after it continued and was neuer denied by the Church of Rome before the Councell of Trent as hereafter we shall declare Moreouer we finde a distinction obserued by the learned men that held this Assembly that is by the Prelates of the Empire for so the Decree runneth De concilio ac assensu Praelatorum omnium c. And many other learned men of Christendome yea many Friars which were here assembled especially the Minorites who were then oppressed by the Pope The distinction I say betweene the Pope and his flatterers on the one side and the Church of Rome on the other side For the Emperour appealeth from the Pope to the Church and this was a practise vsed by diuers as hereafter we shall obserue Then the Pope and his flatterers did not represent the Church of Rome as now they pretend to doe Againe wee obserue that the Emperour being defamed for heresie and appealing to a generall Councell as he denieth the Pope to be his Iudge so he refuseth not to be iudged by the Church for as S. Ambrose saith Imperator intra Ecclesiam non supra Ecclesiam est Then the authority of the Church bindeth the greatest members thereof euen Kings and Emperours If our aduersaries obiect against vs and our Church why then doe you giue to the King the Title of supreame head or Gouernour of the Church We answere such obiections proceede from an obstinate and wilfull ignorance in mistaking of our doctrine For when the question is of Iurisdiction externall coactiue wee giue to the King the place of a supreame Iudge but if the question bee of faith and Religion we say the King is no Iudge but to be iudged by the Church as we see godly Princes haue beene and namely this worthy Prince Lodouicke who being accused of heresie by the Pope appealeth to the Church 147. Last of all we obserue in the sense and iudgement of this Emperour and of the learned men that were assembled with him that in the point of Iurisdiction no such thing is left to the Pope as he claimeth For in matters of faith the Iurisdiction is in the Church as here it is acknowledged in matters of coactiue power the Iurisdiction is in the Emperor as all these learned men did yeelde in this Councell and after the Councell did maintaine by their writings For wee finde the same trueth maintained by William Ockham Marsilius Patauinus Michael Caesina and many moe who with great courage and learning did maintaine the Emperours Iurisdiction heerein against the Popes vsurpation This wisedome and moderation of the Emperour in defending his right not onely by force of Armes but by learning and iudgement moued the Pope who succeeded Iohn the two twentieth that is Benedict the twelfth in spite of malice to giue him many hoâ—…orable testimonies to promise to restore him by absolâ—… agâ—…ine to this place But the Pope did but fraudulently put him off from day to day which thing when the Emperour perceiued he called a Diet of the Empire at Rensium where he did with that wisedome courtesie and liberality binde the Princes Electours to him that they tooke a solemne Oath to maintaine the liberties of the Empire and decreede that all the processes of Iohn once Pope against Lodâ—…uick were of no force and that the Pope ought not to attempt such things against the Emperour seeing their Iurisdictions were so much distinct 148. Clement the sixth sucoeeded Benedict the twelfth this Clement falling into deeper fits of rage against the Emperour then his Predecessours
had done commaunded Letters to bee fixed vpon the Church doors filled with threatnings and curses against Lodouicke if within three daies he did not make satisfaction to God and the Church by the Church vnderstanding himself vtterly desist froÌ„ administration of the Empire When three daies were expired hee pronounced him contumacious and thundred out his excommunication The Emperour sent his Ambassadours câ—…auing pardon promising satisfaction for any thing he had done amisse to the vtmost of his power wherevpon the Pope prescribed him a forme of reconciliation hard shamefull dishonourable that he shall confesse against himselfe all heresies and errours that hee shall relinquish the Empire and commit himselfe his children all his goods to the Popes mercy This the Embassadours sealed and confirmed But when this forme of reconciliation prescribed by the Pope came to the Emperours fight he sent copies thereof abroad to all the Princes and presently called a Diet at Franckfort the Princes iudged the presumption and pride of the Pope to be intollerable and therefore reiected this prescribed forme of his as being deuised to the bane and ruine of the Empire and promised the Emperour assured and faithfull aide if he would maintaine the liberties of the Empire as hee had done The Pope like a Tyger disappointed of his prey enâ—…red into a deeper conâ—…piracy against 〈◊〉 purposing an vtter extirpation of him and his posterity as the Popes his predecessours had done before to the house of Sueuia exterâ—…ninating all the feed and posterity of the Frederickes 149. And therefore this Clement at Masse curseth Frederiâ—…k againe renueth all the processes of Iohn the two and twentieth against him declareth him to be hereticall and schismaticall deposeth him from the Empire and commaundeth the Princes to proceede to a new Election To effect his purpose the better he remoueth Henry de Wirtenberg from the Archbishopricke of Mentz this man was deposed because he fauoured Lodâ—…uick and in his place he set Gerlac his Chaplaine Gerlac the newe Archbishoppe calleth the Princes to Rhenes and to goe thorough with his businesse which the Pope had giuen him in charge corrupted the Archbishoppe of Colon and the Duke of Saxony with great summes of money to confent to the Election of Charles sonne to the King of Bohemia They did so and Charles was elected â—…t Rhenes and afterward crowned at Bouna But after this when Lodouickeâ—…oned â—…oned the Princes of Germany to Spire there was not one found in all the Cities of Rhene Sueuia Franconia that regarded the election of Charles or the Popes processe The administration of Mentz was by Lodouiâ—… committed to another After that Lodâ—… had thus with great moderation and courage maintained his estate against the Pope and Charles so that his aduersaries had no hope to preuâ—…ile against him by force the next newes was Lodoâ—…icke was of a sudden fâ—…d dead This is the singular luke of those Princes that falling into the offence of the Pope will not be ouercome by force Some write that he was poysoned as he was to goe on hunting that by the agitation of his body the poyson might worke more effectually Charles the fourth 150. AFter the death of Lodouicke Charles the fourth whom the Pope aduanced to the vtter ruine not of Lodouicke only but of that Empire did by the instinct of his Ghostly father lay the Empire in the dust so lowe that it neuer rose vp to any such height as before him it held At his Coronation the Pope bound him with an Oath neuer to come to Rome nor to make longer abode in Italy then the Pope himselfe thought good Now to make Charles to waste and consume the reuennues of the Empire this cunning was vsed diuers competitours of the Empire were set vp against him to 〈◊〉 one competitor hee gaue two and twenty thousand Markes and two imperiall Towns in Thuringia to Fredericke Marquesse of Misna tenne thousand Markes There were at Millain at this time they who were called Vicounts who grew great and practised their tyranny oppressing the Cities of the Empire The Pope desired that they should be repressed but so that himselfe might be aduanced and therfore by the helpe of Charles he got many Cities out of their handes Charles being thus drawne to dilapidate the reuennues of the Empire dealt also secretly with these Vicounts to whom for a great summe of money he sold Millain and confirmed them in a perpetuall Office to be Vicars of the Empire after which time these Vicounts rose to a great Dominion in Italy The Kingdome of Arles which Oâ—… the first had conferred vpon the Empire hee deliuered to the French King for a great dinner at a Towne â—…eere to Auinion Sixteene Cities of Sueuia part of the Empire he sold to the neighbour Princes Bopardia and Wesali a imperiall Cities he morgaged to Cuno Archbishoppe of Triers Lusatia hee confirmed to the Kingdome of Bohemia for euer corrupting the Archbishoppe of Magdeburg for a great summe of money to sell the right of his Church for the Archbishop before that time held Lusatia of the Empire That Wenceslaus his sonne a man giuen to idlenesse ryot and pleasure might be chosen Emperour after him he practised a newe example promising to euery Electour an hundreth thousand Crownes and wanting money to performe this promise to some he morgaged the reuennues of the Empire to the Palatine of Rhene he morgaged Caesarea Luthrea Oppenheim Odenheim Ingolheim for an hundreth thousand crowns By this meanes the Maiesty of the Empire was throwne so flatte on ground that since it could neuer holde vp the head This the Pope long sought and at last by meanes of his vnblessed sonne Charles effected Wenceslaus 151. AT this time began a schisme in the Church of Rome betweene Vrban the sixt and Clâ—…ent the seuenth This was the greatest schisme the most terrible and longest that euer was in that Church it held fiftie yeares and could sâ—…arce be appeased by two generall Councels of Pisa and Constance In this schisme Wencestaus fauoured Urban in whose behalfe he sent his Ambassadours to Clement whom Clement vsed without all clemency for in a sauage manner he tortured them with exquisit tortures After this Boniface the ninth deuised a new practise to robbe the Churches of Christendome imposing the vse of Annates vpon all Benefices that whosoeuer obtained a Benefice should pay one halfe years profite to the Pope some say that Iohn the two and twentieth first deuised this robbery Whosoeuer inuented it the Popes like vnsatiable Harpyes deuising all meanes to bring confusion and misery vpon the Church to satisfie the Horse-leach that will neuer be filled increasing in couetousnesse increased these Annates in times and brought them to first fruites raking one whole yeares profite away from the Incumbents Wherein of these Harpyes we may say as the Poet saith of those other Harpyes Vestigia fada relinquâ—…t But the godly Princes
great learning and iudgement I will record heere some obseâ—…uations of his for it seemeth that he had a purpose to reâ—…ute that former worke of Triumpâ—…us though the truth is hee nameth not Triumphâ—…s throughout all his booke concerning this point of Iurisdiction one especiall ground which hee layeth is this Ab â—…fficio principatâ—…s siâ—…e 〈◊〉 iurisdiction is 〈◊〉 soâ—… coactiuâ—… 〈◊〉 cuiuslibet in hoc sâ—…lo Christâ—…s seipsum Apostâ—…los exclusit 〈◊〉 vâ—…luit That is Christ hath excluded and purposed to exclude hiâ—…selfe and his Apostles from principalitie or contentious iurisdiction or regiment or any coactiue iudgment in this world Which thing he prouâ—…th at large both by Scriptures Fathers because Christ â—…aith his kingdome is not of this world by which words coactiue Iurisdiction is excluded as was the doctrine of Christ such was his example of obedience for he was alwayes subiect to the coactiue power of the Magistrate Thus by the â—…ound and cleere Scriptures with the expositions and iudgement of the ancient Fathers he resuâ—…eth that noueltiâ—… which had no other ground then the Popes decretals 8. Therefore he examineth the authority of the Popes deâ—…retals and giueth a learned and iuditious distinction declaring thereby how the Pope may bee obeyed or not obeyed commaunding against the Emperour for saith he if the Emperour commaund any thing against the law of God and the Pope commaund things agreeable to that law thou must ouâ—… of doubt obey the Pope and not the Emperour But if the Emperour commaund something according to his imperial law the Pope command somthing according to his decretals against the imperiall lawes no man subiect to the Emperour ought in such things to obey the Pope Which thing he proueth at large because the ciuill Magistrate beareth the sword because he is the Minister of God the reuenger of disobedience because euery soule is subiect to him Which things saith hee are not spoken of any spiritual Gouernour but of the Temporall Magistrate For the Goueâ—…nours to whom in coactiue Iuâ—…isdiction we must obey are such as by armed power defend their Countries and people which in no case can agree to a Bishop or Priest 9. By such reasons he proceedeth and proueth infallibly his purpose and conclusion that no spirituall Gouernour hath from Christ any Iurisdiction coactiue but this power is left wholly in the hands of the ciuill Magistrate And thus doth cut in sunder the sinewes of their disputations who plead for the Popes Iurisdiction which Iurisdiction they make to consist in power coactiue Of the Popes decretals which then were lately deuised Lawes against the auncient Iurisdiction of the Church as also against the Iurisdiction of Princes he saith Vt ipsi fabulantur in sâ—…is decretalibus quâ—… secundum veritatem nihil aliud sunt quà m ordinationes quaedam Oligarchicae quibus in nullo obedire tenentur Chrsti fideles in quuntum hâ—…smodi That is As they bable in their decretals which in truth are nothing but certaine Oligarchicall ordinations to which Christians are in no case bound to obey as they proceed from the Pope Wherein he deliuereth thus much that these Canon lawes or decretals ought to haue no force among Christians vnlesse they be confirmed by the lawes of the land and by Princes in their Dominions so many as Princes shall thinke fit for the gouernment of the Church in their proper Dominions may be established being established ought to be obeyed but not as the Popes laws vse but as the laws of those Princes for that is it which Marsilius saith the decretals are not to be obeyed in quaÌ„tuÌ„huiusmodi Now that all coactiue power is by God deliuered to the Temporall Magistrate hee prooueth solidly from these words he is the Minister of God to take vengeance by vengeance all coactiue power is vnderstood Neither doth he denie but that the Church gouernours may execute coactiue power but then they must haue it from Princes and from such Temporall powers which haue the same Which being expresly and distinctly written by him three hundred yeres agoe is no other thing then that which we now maintaine at which our aduersaries seeme to wonder as at some new doctrine neuer heard before when the same truth after the saâ—… manner beene maintained by the learned men that haue handled this question before vs. Nec in quenquam presbyterum saith he aut non pres byterum conâ—…enit coactiâ—…am in hoc saeculo Iurisdictionem habere quenquam Episcopum siâ—…e Papam â—…isi eadem siâ—…i per humanum legisâ—…atorem concessa fuerit in cuiâ—…s potestate semper est hanc ab ipsis reuocare That is No man Priest or not Priest can haue Iurisdiction coactiue in this world Bishop or Pope vnlesse it be granted to them by the humane law-maker in whose power it is at his pleasure to recall it from them 10. Concerning the right of calling Councels his determination is this If a cause of religion rise in question the Pope saith he may signifie the same to the chiefe Temporall Gouernour but the authority of gathering and calling the Councell belongeth to him that hath coactiue Iurisdiction and ought to bee gathered by his coactiue precept When it is gathered he leaueth the first and chiefe seat therein to the Bishop of Rome hee giâ—…eth him the honour to propose the matter to collect all together that is spoken to communicate the things determined to others and to excommunicate the transgressors And all this to doe not at his owne pleasure or vpon his owne head sed ex concilij sententia onely by the direction of the Councell This principality he yeeldeth to the Bishop of Rome and to that Church so long as thus it standeth and so long as it doth nothing to the contrary whereby this honour may be iustly withdrawen Secundum quâ—…m modum saith hee Romanae vrbis quamdiâ—… extiterit obicemque ad hoc non apposuerit populus ille c. poterit licitè ac debebit iâ—…m â—…ict a principalitas in Episcopo Eccleâ—…a continue reseruari That is According to which maner this principality may lawfully and ought to be reserued alwayes for that Bishop and that Church as long as it thus standeth and doth nothing to the contrary This honour if the Pope would haue held himselfe contented therewith might long time enough beene reserued vnto him But when this could not content him but he must haue all Iurisdiction ouer the Church and ouer secular Princes if he finde not that honour yeelded to him which hee expecteth he may thanke himselfe because he hath procured his owne contempt and by vsurpation of vndue honour he hath lost that which though it was not due to him yet from some custome was giuen might haue beene continued to this day if himselfe had not caused the Church to withdraw it For saith mine Author Licet circa 〈◊〉 Ecclâ—…sia 〈◊〉 Episcopi Ecclesiae fidelium neque diuina neque
among many and the best in the Church of Rome he declareth to be thus Secâ—… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ecclesiâ—… 〈◊〉 〈◊〉 proâ—… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. de Vniuersitate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Christi But according to another signification and that most truely and properly answering to the first imposition of this name the Church is called the Vniuersall company of all faithâ—…ull beleeuers which call vpon the name of Christ. Then the Church of Rome as the Pope is the Gouernour thereof was obserued to be but a particular Church and not the Catholicke Church which conteineth all Beleeuers 21. Occham hath also written another Booke Intituled Super potestate suâ—…i Pontifieis 〈◊〉 quoâ—… decisiones From whence I will obserue some things concerning our question of Iurisdiction disputing of that which the Friars and flatterers of Popes called 〈◊〉 potestatis he handleth it so that in the conclusion he putteth the Pope downe as low as the flatterers extolled him vp on high For thus he saith Principatui optimo repugnare videtur quod principans illam habeat plenitudinem potestatis c. Nam omnes subditi hâ—…benti talem plenitudinem sunt serui secundum strictissimam significationem vocabuli serui That is It seemeth to be vtterly against the nature of the best Gouernment that the Gouernour should haue this fulnes of power c. For all that are subiects to him that hath such fulnesse are his slaues according to the most strict vnderstanding of a bondslaue And because the Pope then began to flatter himselfe strangely and to swell with those words of pride that he was to iudge all men but no man might iudge him no man might accuse him Occham represseth this swelling vanitie thus Papa potest ab homine accusari destitâ—…i deponi omnis enim accusatio est coram iudice facienda Nec de hoc debet Papa perturbari ne contra doctrinam Christi Apostolis pro se propraelatis Ecclesiae traditam velit tanquam sal infatuatum mitti foras ab omnibus conculcari ne contra praeceptum eiusdem velit pro salute eius corporis mystici vt membrum putridum amputari ne desideret ipse potestatem qua se ex charitate correptum quamuis etiam Ecclesiam non audiret tanquam Ethnicus publicanus non siâ—…at se vt carnes putridas resecari vt ouem scabiosam repellendaâ—… â stabulis expurgandum vt fermentum quod totam massam corrumpit sed velit vt sibi parcatur vt vniuersa Ecclesia ad interitum perducatur Quae omnia à desiderio Papae qui aâ—…imam suam tenetur pro subditis ponere conuenit exulari That is The Pope may be accused forsaken deposed by a man for all accusation must be before the iudge Neither must this thing trouble the Pope otherwise he might sâ—…eme to make himselfe vnprofitable salt good for nothing but to be trod vnderfoot against the doctrine of Christ deliuered to his Apostles for themselues and for the Prelates of the Church and against the commaundement of Christ to be cut off like a rotten member for the preseruation of his mysticall body And so he might seeme to desire such a power by which being reprooued in charitie albeit like an heathen and Publican he should not heare the Chuâ—…ch yet he would not suffer himselfe to be cut of like dead flesh and like a scabbed sheepe to be driuen from the folds and to be purged like leauen that corrupteth the whole lumpe But he should by this seeke that for sparing him the whole Church might be brought to ruine All which ought to be farre from the Pope who ought to giue his life for his flocke Then this man foresaw and in some sort foretold all that mischiefe which fell vpon the Church by the Popes claime of this strange Iurisdiction which Iurisdiction if once it should be obtained by the Pope then hath Occham plainely foretolde that which since this time by too great experience we haue found that the Pope would hereby prooue vnsauery salt good for nothing but to be troden vnderfoot of men a rotten member cut off from the body of the true Church as rotten flesh to be cut off for the preseruation of the whole as a scabbed sheepe to bee kept from the fold as old leauen to be purged from corrupting and infecting the whole lumpe And that for sparing him the vniuersall Church must bee brought to desolation and ouerthrow All this William Occham foresaw all this we haue found by lamentable experience too true and all this followed vpon his intrusion into this Iurisdiction 22. Through this booke William Occham was driuen to carry himselfe cunningly for feare of the Popes greatnesse mouing many questions and doubts and reasoning after the manner of the schooles on both sides making no professed determination or conclusion but he leaueth such strength of reason on the one side and taketh away all obiections on the other side that any man may inferre the conclusion and vnderstand the reason why himselfe did not conclude For thus he saith in the end of that booke Haec breuâ—…er conferendo allegendo disputando sunt dicta non vt certa veritas in dubium reuocetur sed vt aliqua habeatur occasio c. Quid autem sentiam de praedictis non expressi quia hoc vt puto veritati non prodesset That is These things haue we said by conferring alleadging disputing not that a knowen truth should be called into question but to giue an occasion c. I haue not declared what mine opinion is of these things because as I take it that would not helpe the truth Another booke William Occham Intituleth Dialogus from whence I will cite onely one Sillogisme contained in few words but so strongly and soundly collected that it may make an end of all this controuersie his words are these Papa non 〈◊〉 〈◊〉 〈◊〉 â Iurisdictione 〈◊〉 〈◊〉 〈◊〉 iudicumquaâ—… fuerat Christus Apostoli sed Câ—…ristus 〈◊〉 fuerunt ab impâ—…ratore quantuÌ„ ad IurisdictioneÌ„ câ—…actiuam 〈◊〉 That is The Pope is no more exempt from the Iurisdiction of the Emperors other secular iudges then Christ his Apostles were but Christ his Apostles were iudged by the Emperor in respect of coactiue IurisdictioÌ„ therfore so the Pope ought to be iudged This Syllogisâ—…e to this day was neuer answered In respect of which sound and pithy handling of these things as Occhâ—… was surnamed Doctor inuincibilis in arguâ—…nto so the sense and iudgement of learned men was wholly for Occham Insomuch that Naucler witnesseth that this worthy William Occhâ—… threw downe all the Popes Temporall Dominion in the dust and carried the glory in all these disputations wherin many learned men followed him For he speaking of Daâ—…es that learned Florentine saith that this Dante 's also wrote a Booke De Monarchia wherein he prooueth that the Empire hath no
the greater and more diuine power that is giuen them for edification not for destruction are bound the more to exclude and root out these wicked distroyers from the Church of God And therefore hee auerreth that the Pope cannot commaund such a sinne as this to be done So hatefull and detestable so abhominable to Christ so pernicious to man For this were an vtter defection from power and Iurisdiction a corruption and abuse thereof and a remotion from the throne of glory and a session in the chaire of pestilence and in eternall shame in hell next in place to those two great Princes of darkenesse Lucifer and Antichrist And because in such things no man ought to yeeld his obedience but is bound to disobey therefore he saith thus Out of duety and obedience and out of the loue of vnion with the bodie of Christ I vtterly reiect and resist these letters especially because they vrge me to such a sinne as is euidently abhominable to God and pernicious to man and because they are contrary to the holinesse of the sea Apostolike and against the Catholicke faith Filialiter obedienter non obedio contradico rebello And vnto that Sophisticall shift of Plenitudo potestatis whereby they vsed to cast a colour ouer these practises he aunswereth in such a sort as giueth a short rule of vnderstanding this fulnesse of power for thus he saith Breuiter autem recolligens dico Apostolicae sedis sanctitas non potest nisi quae in aediâ—…icationem sunt non in destructionem haec est enim potestat is plenitudo omnia posse in aedificationem That is Briefely recollecting what we haue said we say the holinesse of the sea Apostolicke cannot doe any thing but that which is for edification and not for destruction for this is fulnesse of power to be able to doe all things for edification In which sense who would haue denied the Pope a fulnesse 27. When this letter came to the Pope Nonse capiens prae ira saith mine Author quis ait est iste senex delirus surdus absurdus qui facta audax temerarius iudicat Per Petrum Paulum nisi me moueret innata ingenuitas ipsum in tantam confusionem praecipitarem vt toti mundo fabula foret stupor exemplum prodigium Nonne râ—…x Anglorum noster est vassallus vt plus dicam mancipium qui potest eum nutu nostro incarcerare ignominiae mancipare That is The Pope not being able to hold for anger said who is this foolish deafe absurd old man that with such rash présumption iudgeth our acts By Saint Peter and Saint Paul if mine ingenuous good nature did not stay me I should hurle him into such a confusion that he should be the fable of the world an astonishment an example a monster Is not the King of England our vassall or to say more our slaue who is able at our becke to imprison him and to appoint him to ignominie But the Cardinals appeased his holinesse especially Cardinall Egidius Hispanus who fearing that the Pope might prosecute some courses of extremitie against him as afterward hee did tolde him that it was not fit to vse that man hardly The things which he writeth quoth the Cardinall are true we cannot denie them or condemne him he is a Catholicke and holy man more religious more holy of a more excellent life then we are there is not thought to be a greater Prelate this day liuing no nor comparable to him All the Clergie of France and England know this to bee true hee is esteemed also a great Philosopher in the Latine and Greeke languages famously learned a man zealous of iustice a reader of Diuinitie in the schooles a preacher to the people a louer of chastitie a hater of Symonie c. The Cardinals therefore aduised the Pope to dissimulate the matter least some tumult might arise saith mine Author 28. And marke well why they feared that a tumult might rise in the Church about this matter this reason Mat. Paris relateth in these words Consilium dederunt Cardinales Domino Papae vt omnia haec conniuentibus oculis sub dissimulatione transire permitteret ne super hoc tumultus excitaretur maxime propter hoc quia scitur quod quandoque discessio sit ventura That is The Cardinals gaue this aduise to the Lord Pope that hee would winke at all these things and passe by them as dissimulating least a tumult might arise especially for this cause because it is well knowen that once there shal come a departure Let this be obserued It was written long before M. Luther was borne The Pope and the Cardinals knew long before that once a departure should bee made from the obedience of the Pope and therefore Robert Grosthead did put them in great feare least he might be the man that might worke this departure Then it seemeth in the iudgement of the Cardinals that he who first should worke this departure must be an excellent godly and learned man such one as Grosthead was then knowen to be But if Grosthead had done that thing then which vpon the like occasion Luther did afterward wee should haue heard him reuiled for the rankest hereticke the most wicked and vngratious man that euer liued as now Luther is by them who vsâ—… to curse where God blesseth and to blesse where God curseth Then they were in feare of Grosthead thought that this departure could not bee done but by some such excellent man And what hath M. Luther done but that which Grosthead was prouoked to do or who could doe otherwise that keepeth Grostheads principles 29. The godly zeale of this man is further declared by Mat. Paris who recordeth certaine Discourses and actions of his against the Popish practises Improbos Romanistas saith he praceptum habentes Papale vt eis prouideretur quasi venenum odit serpentium Dicebat enim quod si animarum custodiam ipsis traderet Satanâ—…zaret vnde saepius proiectis literis Papalibus bullatis talibus mandat is praecisâ—… contradixit The wicked Romanists that brought the Popes letters for prouisions he hated as the poyson of serpents for he said if he should commit the custody of soules to them that then he should play the diuels part Wherfore often he threw away the Popes bulled Letters precisely contradicting such commaundements The same Authour noteth a memorable saying that Grosthead was wont to vse Noâ—… liberabitur Ecclesia ab Aegyptiaca seruitute nisi in ore gladij cruentandi That is The Church shall not be deliuered from this Egytian bondage but by the edge of the bloody sword By all which we see the excellent spirit of this man against the spirit that ruled in the Popes and against their Iurisdiction neither are we to thinke that Grosthead followed any other religion then that which his fathers followed before him this is the religion sense and iudgement of the world then that is of all godly and iudicious that then
of the Church in the head and members And presently after this they declare and define these points that euery man of what condition soeuer though he be a Pope that shall not obey the ordinances statutes or precepts of the Synode shal be duly corrected and punished that Pope Iohn the three and twentie for this was decreed at the beginning before Iohn was depriued shall not transferre the Court of Rome or any other publicke officers therof or compell them directly or indirectly to follow him without the consent of this Synode And if he shall fulminate any censures Ecclesiasticall against such officers or any other adhaering to this Synode all shall be voide and of none effect neither shall it be lawfull for any man to obey any such censures That all Translations of Prelates all depriuations reuocations monitions Ecclesiasticall censures all processes and whatsoeuer is done or shall be done by the said Pope in preiudice of the said Councell c. shall be voide vaine and of none effect 40. According to the Decree of this Synode Pope Martin the fift after fiue yeares called a Synode at Pauie thither came they that were sent by the Pope and expected the nations without whose presence a generall Councell could not bee held But the plague increasing greatly in that towne they changed the place of this Synode to Sene where Pope Martin perceiuing that Benedict began to stirre againe to preuent troubles dissolued this Synode and according to the Decree of the Synode of Constance appointed the place of another Councell after seuen yeares to be holden at Basil and when the appointed time came hee sent Cardinall Iulianus to Basil for the furthering of the same This is the onely Pope of late that was not affraide of a generall Councell he was elected by a Councell he kept the Decrees of that Councell with great commendation and liued in that moderation that he seemed not to be affraide of the censure of a Councell Martin hauing proceeded thus farre onely to shew himselfe willing to call the Councell of Basil died Eugenius the fourth succeeded who did striue by all meanes to defeate the Councell of Basil but by the authority of Sigismund the Emperour that Synode proceeded thither came the Prelates of those nations without whose consent a generall Councell of these parts of Christendome cannot be held 41. This Synode of Basil thus gathered among other things agreed vpon certaine conclusions concerning this Iurisdiction the Conclusions are these 1. Veritas haec de potestate Concilij generalis vniuersalem Ecclesiam representantis super Papam quemlibet alterum declarata per Constantiense hoc Basiliense generalia Concilia est verit as fidei Catholicae 2. Veritas haec quod Papa Concilium generale c. actu legitimè Congregatum c. nullatenus sine eius consensu potest dissoluere aut ad aliud tempus prorogare aut de loco ad locum transferre est veritas fidei Catholicae 3. Veritatibus duabus praedictis pertinaciter repugnans est censendus hâ—…reticus That is 1. This truth of the Iurisdiction of a generall Councell representing the Catholicke Church that is aboue the Pope or any other as it is declared by the general Councels that of Constance and this of Basil is a truth of the Catholicke faith 2. This truth that the Pope cannot in any case without the consent thereof dissolue a generall Councell c. lawfully and actually gathered c. or proroge it to another time or transfer it from one place to another is a truth of the Catholicke faith 3. Whosoeuer doth with pertinacy resist these two foresaid truths is to be adiudged an hereticke These conclusions they set downe against that Iurisdiction which the Pope claimed whom they called Gâ—…briel Condelmerius otherwise called Eugenius the fourth against which conclusions no man then contended sauing the Pope and his flatterers who are therefore adiudged Heretickes by the Councell In the fiue and fortieth Session of this Synode of Basil there are other conclusions added to declare the pertinacy of Eugenius the fourth condemned by that Councell and first they declare or testifie that not in their owne iudgements onely but in the iudgements of all that before them were men of knowledge and learning in the Church this was euer maintained that the Pope must be subiect to a generall Councell Neâ—… vnquam aliquis peritorum dubitauit saith that Synode summum Pontificem in his quae fidem concernunt iudicio eorundem Conciliorum vniuersalium esse subiectum Then they declare how Eugenius first laboured to dissolue this Synode without the consent of the Synode But after many admonitions he reuoked that dissolution declaring it to be voide and of none effect and so gaue great hope of peace to the Church But after this againe he attempted the second dissolution of the same Councell which after many admonitions hee would not reuoke wherefore these fiue conclusions are declared against him First The first dissolution of this holy Synode of Basil pretended by Eugenius the present Pope from the fulnesse of Apostolicall power as he saith attempted is repugnant to the two foresaid truths Secondly Eugenius the present Pope did in forme of law prescribed vnto him iudicially reuoke all errours repugnant to the two foresaid truths after the first pretensed dissolution or translation being admonished and commaunded by the Synode so to doe Thirdly The pretensed dissolution or translation of this holy Synode of Basil repugnant to the two foresaid truths attempted by Eugenius after he was cyted vpon the point of reformation proceeding as he saith out of the fulnesse of power in case it should proceede against himselfe or any of his Legates Presidents this should conteine an inexcusable errour in faith Fourthly The second pretensed dissolution or translation of this Synode repugnant to the two foresaid truthes doth proue the said Eugenius to be a relapse falling againe into his reuoked and condemned errour Fiftly This second dissolution or translation repugnant to the two foresaid truthes as also the contumacy of Eugenius and his long perseuerance therein and the open rebellion of the said Eugenius after that he was admonished by the Synode to reuoke that pretensed dissolution or translation and also the erection of another Congregation vnder the name of a generall Councell to fortifie that pretensed dissolution and that during the time of this holy Councell of Basil all these are euident testimonies of the pertinacy of the same Eugenius and so euident that they neede not the clamor of any other accuser 42. Vpon these grounds this Councell deposed Eugenius the fourth and elected Amadeus Duke of Sauoy who was called Felix the fifth But Eugenius resisted by force and helde himselfe as Pope the Synode not being strong enough for him by coactiue power though in spirituall Iurisdiction it was aboue him yet would not this Councell acknowledge Eugenius to be the Pope but Felix In the meane time Eugenius dieth and
Nicolaus the fift was chosen in his place All this while the Councell of Basil stood vp so that a new Schisme was like to rise but all was compounded thus Felix the fift should abdicate the office which he was content to doe seeing Eugenius was dead who was deposed by the Synode Nicolaus should be acknowledged and confirmed Pope This Nicolaus thus confirmed should by his bull approue and confirme all the things done and concluded in the Councell of Basill all this was performed and Pope Nicolaus by his Bull maketh a solemne confirmation and approbation of this Synode which Bull is annexed to the Synode bearing date Calend. Iul. 1449. But the Synode seemed not much to respect this confirmation because they rested vpon that authority which the Church hath from Christ. 43. Now let vs consider how this Synode prescribed against the Popes Iurisdiction so much that if the reformed Churches by the power and godly labours of their Princes might once obtaine that which they haue so long wished a generall free lawfull holy Councell they would not desire much more freedome therein then was practised in this Synod of Basill For first concerning the safe conduct for comming to the Councell and manner of proceeding there is so much graunted by this Councell to the Bohemians whom the Councell inuited to a disputation that more then this none will desire For besides the safe conduct for comming and going freely and safely they are agreed vpon the iudge of controuersies admitting that iudge which onely was alwayes acknowledged the iudge in all generall Councels for the Pope was neuer acknowledged to be the iudge This Synode of Basil admitting herein the manner of proceeding held in auncient Councels reiecteth the Pope and admitteth another iudge in these words Lex diuina praxis Christi Apostolica Ecclesiae primitiuae vna cum concilijs doctoribusque fundantibus se veraciter in eadem pro verisfimo indifferente iudice in hoc Basiliensi concilio admittentur That is The law of God the practise of Christs Apostles and of the primitiue Church together with Councels and doctors founding themselues truely vpon the same shall be admitted for the most true and indifferent iudge in this Councell of Basil. Now this is far from the iudgement of our aduersaries who will admit no other iudge of controuersies saue the Pope onely Wee haue the iudgement of the Church against them both of old time and at this time of late and before the Councell of Trent it was neuer otherwise 44. Moreouer whereas the Pope sent his Legates to this Councell of Basil requiring that they might be admitted as Presidents of the Councell in his place this the Councell granted limiting the same graunt with these conditions that these who thus were admitted Presidents of the Councel in the place of Pope Eugenius should be in that place without all coactiue Iurisdiction that the manner of proceeding by disputations should stand inuiolate that all the Councell being equally deuided into foure deputations nothing should be concluded but that which was confirmed by three deputations at the least that the things thus confirmed should be inrolled by the Presidents or one of them that if they refused to inroll such things then should it be lawfull for any other man which was in one of the deputations to doe it which must after this be brought to the congregation and read there and publikely approoued before it be concluded They condition also that all the Actes of the Councell shall be done and dispatched in the name and vnder the seale of the Councell 45. Further in these late Councels there is no memorable mention of the fiue nations There was free accesse for all nations that would come but there is especiall mention of fiue nations because these were the principall nations of these westerne parts they are named in the first session of the Councell of Basill Italy Brittaine Germanie France and Spaine nothing might be concluded vnlesse it were first diuers times published in the presence of the fiue nations and by the generall consent of them confirmed If things had passed in this manner in the Councell of Trent that free accesse might be giuen to all nations that the Scriptures with the Fathers founding themselues vpon Scriptures might bee admitted the onely iudge of controuersies that the Pope should haue no coactiue authoritie that nothing should be concluded but by the consent of the fiue nations then would wee admit that Councell to bee free and generall but because in stead of these the contrary was practised in Trent that no iudge could be admitted there but the Pope that none might haue accesse to that Synod but they who were first bound in an oath to the Pope that therein the Pope practised coactiue power that nothing could there be concluded but by the direction of the Pope therefore when we reiect the Councell of Trent we doe no more then onr forefathers did in the Councell of Basill before that in the Councell of Constance and before that in the Councell of Pisa. We are the children of them that held these Councels whom seeing we finde to be so peremptor ily bent against the Pope and against the proceedings of the late Councell of Trent haue we not warrant following the footsteps of our forefathers vtterly to reiect and to condemne the Popes Iurisdiction which wee haue now found to be so late so basely bred without antiquitie honour honesty or libertie Against the Popes pretensed Iurisdiction what can wee say more then hath beene already concluded by these Councels 46. For they haue concluded that a Councell hath authoritie aboue the Pope that the Church may correct and hath corrected Popes Ecclesia Catholica Saepenumero summos Pontificos siue à fide delirantes siue prauis moribus notorie Ecclesiam scandalizantes correxit iudicauit Neque vbi de fidei periculo aut scandalo religionis Christianae agebatur Romanis Pontificibus pepercit They haue concluded that the Popes may erre as well as other men Certum est Papam errare posse It is certaine that the Pope may erre and in the same place it is said experience prooueth it for we haue often found and read that the Popes haue erred this Christ declareth if thy brother offend against thee dic Ecclesiae tell the Church and if he heare not the Church let him bee to thee as an heathen or Publican this compriseth all men euen Peter and his successors This Paul declareth that resisted Peter to the face and before all then he said it openly in the Church and to the Church which he said before all The Popes that haue not heard the Church haue beene accompted as heathen and Publicanes as we read of Anastasius and Liberius And a little after answering to a testimonie of Thomas Aquinas who held the Pope Peters successor and Pastor of the vniuersall Church they say thus De singularibus Ecclesijs
personis id intelligendum est non de vniuersali Ecclesia quae saepe obedientiam iustis de causis Romanis Pontificibus subiraxit vt Marcellino Anastasio Liberio Ioha 12. Benedict 9. Benedicto 13. Iohanni 23. That is That is to be vnderstood of particular Churches persons not of the Vniuersall Church which many times vpon iust occasions hath withdrawen obedience from the Bishops of Rome as for example from Marcellinus Anastasius Liberius Iohn the twelfth Benedict the ninth Benedict the thirteenth Iohn the twentie three They haue in like sort concluded that the Popes Gouernment in the Church is to be admitted not that he rule at his pleasure but according to the doctrine of Saint Peter Ut ipse Ecclesiam Dei salubriter regat non quidem vt pro libito voluntatis suae cuncta peragere velit spreâ—…is canonibus sacrorum conciliorum sed iuxta beatiss Petrâ—… doctrinam sic regat non vt dominans in clero sed vt formafactus gregis Romanus enim Pontifex est vniuersalis Ecclesiae minister non Dominus That is That he may soundly rule the Church of God not that he should doe all things according to the lust of his owne will reiecting the Canons of holy Councels but according to the doctrine of Saint Peter let him so rule not as a lord ouer the Lords inheritance but as examples to their flockes for the Bishop of Rome is the Minister of the Vniuersall Church and not the Lord. They haue concluded that if this Iurisdiction bee graunted to the Pope which he claimeth aâ—…d which his flatterers pretend for him that by this meanes the way is laid wide open for Antichrist Aperite oculos videte qualis ex hoc daretur ingressus Antichristo That is Open your eyes and behold what an entrance by this meanes would be made for Antichrist So that they who yeeld any authoritie and reuerence to these Councels must needs acknowledge that the Popes Iurisdiction is laid downe in the dust 47. Now let Bellarmine come with his fine distinctions and tell vs that these Councels are partly confirmed partly reiocted partim confirmata partim reprobata these be pleasant heads that can take of these Councels what pleaseth them and reiect all that is against them but let them collude with their owne consciences as they list they are not able to answere that which we vrge or any way to shift vs off for wee doe not vrge these conclusions as decrees of Councels though against them they may iustly stand for such but wee doe not produce them to that end but onely to declare the religion sense and iudgement of Christendome what it was at this time and before what was the doctrine of the Church concerning Iurisdiction What the wisest the most learned and best men in Christendome then taught What was the iudgement of the Church of Rome then This is euidently declared by these Councels and that we may vrge no more but this by this wee haue enough to proue that the Church of Rome then stood fully against the Popes Iurisdiction If they tell vs that Eugenius and they who followed him was the Church and not these that were gathered in Basil I aunswere this doth more and more confirme that which I haue obserued betweene the Church of Rome on the one side and the Pope with his flatterers on the other side who albeit they haue gotten the vpper hand by force and fraud yet let them know the basenesse of their birth and progeny they are but a late vpstart generation beginning when Friars began lifted vp by the winde which themselues did raise for increasing the Popes pride crossed and contradicted yea refuted and condemned by the learned and godly that liued in the Church of Rome neuer fully preuailing before the Councell of Trent Then let them not demaund of vs such fâ—…iuolous questions where was our Church before M. Luther for we are able to shew both our Church and their Church the antiquitie and not interrupted continuance of the one and the base vpstart and late rising of the other §. V. Iohn Gerson 48. HAuing thus farre declared the iudgement of the Church of Rome assembled in diuers Councels now let vs consider how in particular the learned men of these ages stood affected in this question and who they were that tooke part with these Councels to aduance the authoritie of the Church aboue the Pope for they who followed the Pope in this faction were onely Friars and flatterers but on the other side were these as then the great lights of Christendome for learning that I may of many remember a few 49. First Iohn Gerson a man of great authoritie in the Councell of Constance who hath written diuers bookes wherein he preferreth the authority of a Councell before the Popes authoritie and speaketh much otherwise of Iurisdiction then the Court of Rome vseth now to speake His booke De potestate Ecclesiastica was pronounced and approued in the Councell of Constance in the yeere of Christ one thousand foure hundred and seuenteene as in the end thereof appeareth from whence I will obserue some things declaring his iudgement in our question of Iurisdiction First he describeth that spirituall power which Christ hath left to his Church thus Potestas Ecclesiastica est potestas quae à Christo supernatur aliter specialiter collata est suis Apostolis discipulis ac eoruÌ„ successoribus legitimis vsque ad fineÌ„ saeculâ—… â—…d aedificationeÌ„ Ecclesiae militantis secunduÌ„ leges Euangelicas pro 〈◊〉 faelicitatis aeternae That is Ecclesiasticall power is a power supernaturally especially giuen by Christ to his Apostles and Disciples and their lawfull successors vnto the end of the world for the edification of the Church Militant according to the Euangelicall lawes for the obteining of eternall life This power we acknowledge with Gerson nay with all the auncients who speake no otherwise of the power which Christ hath committed to his Church But then we wish that our aduersaries might vnderstand how they wander in ignorance and confusion confounding this power which is spirituall executed secundum leges Euangelicas with that power which is coactiue and executed secundum leges Canonicas It is their common manner to confound these things and thereby to perplexe themselues and their readers but of all that euer I read he surpasseth who calleth himselfe the Catholike diuine for confused vnlearned handling of these things Then the power which Christ left to his Church is practised secundum leges Euangelicas this is the true power of the Church But our question hath beene altogether of Iurisdiction coactiue executed not secundum leges Euangelicas therefore not giuen by Christ to his Church but belonging to such lawes to whom all coactâ—…ue power peculiarly belongeth 50. Of this coactiue power the same Gerson saith thus Potestas Ecclesiastica Iurisdictionis in foro exteriori est potest as Ecclesiastica
coactiua quae valet exerceri in alterum etiam inuitum That is Ecclesiasticall power of Iurisdiction in the exteriour Court is an Eccleâ—…iasticall power coactiue which may be exercised against another though it be against his will And a little after speaking of the same coactiue power he saith Potestas haec Iurisdictionis Ecclesiasticae adeo vicina est Iurisdictioni faeculari politicae quodlaicis imò mulieribus pleruinque in multis casibus communicari potest executio vel commiâ—…ti That is This power of Ecclesiasticall Iurisdiction commeth so neere to secular and Ciuill Iurisdiction that the execution hereof may be communicated or committed for the most part and in many cases to Lay-men yea euen to women Then this power is not from Christ directed to Church-gouernours which may be executed by Lay-men and women For Christ gaue no Iurisdiction to his Church which may be executed by such Now if this coactiue Iurisdiction may be executed by Lay-men why not by Magistrates If by women of which thing most of the Popish writers are agreed how then standeth it against the lawes of nature and grace the Ciuill and the Canonicall lawes and I know not what other lawes as the Catholicke diuine telleth vs that a woman should haue this Iurisdiction for if a woman may be a Magistrate it must needs follow that a woman may haue that power which God hath giuen to Magistrates 51. Gerson speaking of the power of the Church not this coactiue but that which is giuen secundum leges Euangelicas declareth that it is founded vpon the text of Mat. 18. Dic Ecclesiae c. Fundaâ—…ur in hoc textu saith he Plenitudo potestatis gladis spiritualis executio eius in Ecclesia super quemlibet Christianum quiest frater noster etiam si Papa fuerit nec accipiendum hic dic Ecclesiae id est Papae quia Christus Petro loquebatur qui non dixisset sibi ipsi That is The fulnesse of the spirituall sword aboue any Christian that is our brother though he be a Pope is founded vpon this Text neither must we take it so tell the Church that is the Pope for Christ spake this to Peter who was not bidden to tell it to himselfe He declareth also and much complaineth that the Ecclesiasticall Iurisdiction was by the practise of Popes intruding â—…pon Ciuill Gouernment so strangely confounded that a man could not in those dayes decerne the difference betweene the right of the Church and of Princes Potestatem Ecclesiasticam confundit magna caligine â—…upiditas ambitiosa quaerens quae sua sunt quae crescentibus beneficâ—…orum dotationibus impudenter excreuit Ita vt vix decerni modo possit quid ex primaria institutione Christi vel inuariabilâ—… iure diuino tenendum sit That is Ambitious coueteousnesse seeking her owne and impudently inlarging her power as the dotation of benefices increased hath confounded the Ecclesiasticall power with a great mist So that now it may scarsely bee decerned what we are to hold of the first institution of Christ or by the inuariable diuine law Then this Iurisdiction was by the Popes hurled into such a confusion that men of the best learning were much troubled with distinguishing this confused masse And so farre did this confusion growe by meanes of the Canonistes extolling the Popes Iurisdiction without measure that the same Author was forced to complaine bitterly thereof thus Hinc â—… quiuocatio per dominos iuristas qui loquentes de plenitudine Ecclesiasticae poâ—…estatis Papalis solum loqui videntur de potestate Iurisdictionis ex qua locutione videtur haec absurditas sequi quod purè Laicus imo foemina posset esse Papa habere plenitudinem Ecclesiasticae potestatis That is Hence commeth equiuocation induced by my masters the Canonists who speaking of the fulnesse of the Papall Ecclesiasticall power seeme to speake onely of the power of Iurisdiction by which speech this absurdity seemeth to follow that a pure Lay-man yea a wòman may be Pope and haue the fulnesse of Ecclesiasticall power 52. And thus I trow they will bring their Iurisdiction to a faire issue that if wee should graunt it as they claime it this inference must also goe with it that a Lay man or a woman may be Pope were it not much better to giue to each his own right to the Magistrate all power coactiue to the Church power ouer the soules of men according to the lawes of the Gospell then to follow all these absurd fancies by taking away from the Church and Magistrates their distinct rights and casting a new vnlawfull confounded Iurisdiction vpon the Pope And that we may vnderstand how the Papal Iurisdiction grew onely by the Popes flatterers of such knaues he saith thus Adulatio negat PapaÌ„posse Simoniacam committere quoniam sua sunt omnia Ecclesiastica bona concedit quod super 〈◊〉 est potens ab altero ius suum tollere quod nec ab eo appellari neque eum iudicâ—…aliter euocari nec obeaientiam ab â—…o subâ—…rahi hic 〈◊〉 symbolum fideâ—… condere hic solus causas eiusdem fidei tractare potest Solus definitiones regulas leges Canones condit alioquin quic quid per alios definitur statuitur c. irritum est fallor si non ante celebrationem huius Concilij Constantiensis sic occupauerat mentes plurimorum ista traditio vt oppositorum dogmatizatio fuisseâ—… de hereticâ—… prauitate vel notata vel damnata That is Flatterie denieth that the Pope can commit Simony because al Ecclesiastical goods are his it graunteth that the Pope is aboue law able to take from a man his right and that neither an appeale may be made from him neither may he be called iudicially to triall nor obedience be drawne from him he onely must make Articles of faith he onely must determine the causes of faith onely hee must make definitions rules laws and Canons otherwise whatsoeuer is defined ordeined by other c. it is voide I am deceiued if before the celebration of this Councell of Constance this tradition did not possesse the mindes of most men insomuch that they who taught otherwise were noted or condemned for hereticall prauity 53. In these words some things are obseruable First That this vnlimited Iurisdiction is giuen to the Pope onely by base fellows flattering knaues against the iudgement of the learned and graue men of the Church of Rome and against the iudgement of these Councels Secondly that the iudicious and graue men of this age as Gerson and such like yea all that were assembled in this Councell were noted by these base flatterers and suspected or condemned of heresie The Pope and his flatterers wanted no good will then to haue made them al hereticks And it is to be obserued that the heresie which most of all troubled the Pope with his flatterers stood in this pretensed Iurisdiction for this is the cause wherefore flatterie as Gerson saith
to disswade the separation producing that out of Augustine Nullam posse causam dari ob quam necessarium sit ad schisma perâ—…enire That is That no cause can bee giuen for which it may bee necessary to come to a schisme But after much dispute at last hee resolueth that the case may be such that the Church may well depart from the Pope Quando sacer Princeps saith he contra sanctorum patrum statuta aliquid praesumit vbi non constat eum ex causa 〈◊〉 aut necessitatis moueri sed ex aliqua particulari indigâ—…a causa time ipse in priora Petri mandata offendit exiens vires potestatis suae Quapropter non esset inconâ—…eniens si pertinaciter in hoc persisteret Ab eo recedi posse per Ecclesiaâ—… That is When the holy Prince presumeth against the lawes of holy Fathers where it appeareth that he is not moued thereto because of the publike good or necessitie but from some particular of his owne and an vnworthy cause then hath he first offended against the former precepts of Peter going beyond the limits and strength of his power Therfore if hee persist therein incorrigibly it is nothing inconuenient for the Church to depart from him 58. Then if a Pope make a departure first from the Mandates Doctrines and faith of Saint Peter thus going out of the bounds of his power in this case it is the iudgement of the graue Cardinals of Rome who liued and wrote long before M. Luther was borne that the Church might make a separation from the Pope Iohn Gerson saith as before we heard that this separation may be for a time or for euer Now then whereas this separation is made from the Pope by the reformed Churches there is nothing done but that which the Church had in consultation to doe long before in case the Pope should persist in his pride and transgressions and shew himselfe incorrigible So that it is no maruaile if the Church which hath so long before thought of this departure being thereunto so much prouoked by the intollerable ambition of the Pope hath once performed that thing which was so long in consultation especially seeing the Church hath for the same both the warrant of holy Scriptures which doth fully not only prophesie of this departure which the Pope hath made from the truth and consequently which the Church was to make from the Pope but also giueth expresse commaundement to the people of God to depart from thence Go out of her my people And besides this warrant of holy Scriptures they had also the iudgement of the Church before them which Church whether we consider it in particular members as the learned men principall instructours and preseruers of doctrine or in generall Councels hath as we see oftentimes declared herselfe to bee wearied with bearing the Popes proud and ambitious Iurisdiction and hath beene in great consultation to cast off the yoake of this Aegyptian bondage 59. Now from that booke which this Cardinall Cusanus wrote De 〈◊〉 Catholicâ—… we will obserue some things wherein he declareth his iudgement against this Papall Iurisdiction And first he disputeth against them that thinke the Pope hath more power then other Bishops Oportet primum si hoc verum foret Petrum aliqâ—…d à Christo singularitatis recepisse Papam in hoc successorem esse sed scimus quod Petrus nihil plus potestatis à Christâ—… accepit alijs Apostolis 21. d. in nouo 24. q. loquitur That is First if this be true it must bee graunted that Peter receiued some singular power from Christ and that herein the Pope is his successor but wee know that Peter receiued no more power from Christ then the other Apostles 21. d. in nouâ—… 24. q. loquitur And of this spirituall Iurisdiction he saith thus Cum potestas ligandi soluendi in qua fundatur omnis Ecclesiastica Iurisâ—…ictio sit immediate à Christo quia ab illa potestate ligandâ—… soluendi sit diuiâ—…a Iurisdictionis potestas patet omnes Episcopos forte etiam presbyteros aequales esse quoad Iurisdictionem That is Seeing the power of binding and loosing in which all Ecclesiasticall Iurisdiction is founded is immediately from Christ and because the power of diuine Iurisdiction is from this power of binding and loosing it is euident that all Bishops perhaps also all Priests are equall in respect of this Iurisdiction And againe hee saith Quod vniuersale concilium propriè captuÌ„ scilicet quod vniuersam EcclesiaÌ„ representat sit supra Patriarchas Roman Pontificem credo â—…ubium esse non debere That is I hold it a truth not to bee doubted that a generall Councell properly taken that is as it representeth the vniuersall Church is aboue Patriarches and the Bishop of Rome And againe Papa per Synodum in criminibus etiam alijs quam hâ—…resi iâ—…dicari potest That is The Pope may be iudged by a Synod for other crimes also besides heresie Now for the Iurisdiction of the ciuill Magistrate the same Author speaketh thus Imperator Christianorum in sua praesidentia est Christi vicarius That is A Christian Emperour in his office is Christs Vicar And againe Omnis rex Imperator habet officium Publicum ad Publicam vtilitatem or diâ—…atum Publica vtilitas est paâ—…ad quam ordinantur iusticia iusta praelia principium autem pacis est ad â—…inem 〈◊〉 â—…rigere subditâ—…s media illum 〈◊〉 sunt sacra institâ—…ta religionum quare prima cura Imperialis in 〈◊〉 obseruandis verâ—…ur That is Euery King and Emperour hath a publike office ordinate to the publike good the publike good is peace whereunto iustice and iust warres are ordinated the fountaine of peace to direct subiects to an eternall end the meanes to obtaine that end the holy ordinances of religion wherefore the first and chiefe care Imperiall consisteth in the obseruation of those ordinances And therefore he saith Imperator curam custodiae gerit And againe isto modo imperator dicitur aduocatus vniuerâ—…alis Ecclesiae custos sides orthodoxae Which thing he proueth by the ancient practise of the Church because in the Chalcedon Councell the Emperour Martiaâ—…us is called custos fidei and the Emperour Basilius in the beginning of the eight Councell saith that the gouernement of the Church was by the prouidence of God committed to his hands 60. The same Author speaking further of the office of Kings and of their Iurisdiction in Church affaires and in Councels saith Debent râ—…ges principes Synodos congregare iuxta admonitionem sancts Gregorij ad Theodoricum regem Francorum ex registro 273. Iterata vos per vestram mercedem adhortatione pulsamus vt congregari Synodum iubeatis That is Kings and Princes ought to gather Synodes according to the admonition of Gregory writing to Theodoricus the French King ex registro 273. We moue you with our redoubled petition that euen for that
Christian Magistrates but was alwayes vnderstoode to belong to the ciuill Magistrate whether he were Christian or heathen We denie not but that the Apostles did sometimes take vengeance vpon the disobedient but that was not by the materiall sword in the power whereof we place coaction but by the spirituall sword which alwayes shewed it selfe in their Ministery sometimes in an extraordinary manner as in the striking of Ananias and Saphira with present death in the striking of Elimas the Sorcerer with blindnesse and such like These were signes of extraordinary power but wee seeke heere the ordinary Iurisdiction of the Apostles which they left to their successours 10 Vpon these grounds ioyned with the assured knowledge of the History of those times the auncient Fathers deliuer it as a truth neuer questioned nor doubted that in the gouernment of the Church the Bishops are the vndoubted successours of the Apostles Irenaeus speaking of heretikes saith Omnes hi posteriorâ—…s sunâ—… episcopis quibus apostoli tradiderunt ecclesias If Bishops were before any heretikes they were questionlesse in the Apostles time and by the Apostles instituted because some heretikes were euen in the Apostles time Irenaeus saith also Habemus annumer are eos qui ab Apostolis instituti sunt episcopi in Ecclesiis And a little after Quibus etiam ipsas Ecclesias committebant And againe in the same place Quos successo es reliquerunt suum ipsorum locum magisterij tradentes Cyprian saith Potestas peccatorum remittendorum Apostolis data est Ecclesiis quas illi à Christo missi constuuerunt et episcopis qui eis ordinatioâ—…e 〈◊〉 successerunt The same hee hath also Epist. 69. Hierome saith Potentia diuitiarum paupertatis humilitas vel sublimiorem vel inferiorem Episcopum non facit Caeterum omnes Apostolorum successores sunt It were hard to kicke against all these pricks Against so euident grounds of Scripture so expresse testimonies of Fathers to deuise a new gouernment of the Church Leauing the auncient and knowne gouernment which hath the testimonie of those that liued in the first age and heard and sawe those that were endued with miraculous gifts as Irenaeus testifieth of himselfe that hee heard those which spake by the spirit in all languages and sawe them who often raised the dead to life againe Leauing I say the testimonie of these whose name and authority is so reuerend in the Church and striuing for a gouernment which came but of late to the knowledge of men seemeth to proceede from affections too much blinded with the loue of innouation 11 But though this be true that Bishops in the gouernment of the Church succeede the Apostles yet we are cautelously to distinguish betweene the things wherein they succeede the Apostles and those things which since the Apostles times haue beene added to their gouernment by godly Princes For the preseruation of true doctrine in the Church the Bishops are the great watch-men Herein they are authorized by God If Princes withstand them in these things they haue warrant not to obey Princes because with these things Christ hath put them in trust Therefore S. Paul saith not that it is the Kings office but the Bishops to commaund that they teach no other doctriâ—…e Vpon which ground S. Ambrose was bolde to withstand Valentinian Emperour For Ambrose as the watch-man of the Church of Millaine would not suffer Auxentius an Arian Bishop to haue any place to teach in his Diocesse Auxentius complained to the Emperour as the contention grew thus betweene them the one like a vigilant watch-man seeking to remoue all dangers from his flocke the other like a Wolfe seeking to spoile at the earnest entreaty of Auxentius the Emperour willed that the cause betweene these two might be heard in the Ecclesiasticall consistorie and that the Emperour might sit as Iudge in the cause This thing Ambrose vtterly denied and of this hee writeth thus to the Emperour Quando audisti clemeÌ„tissime imperator in causasidei Laicos de Episcopo iudicasse And againe Sivel Scripturarum seriem diuinarum vel catera tempora retractemus quis est qui abnuat in causa fidei in causa inquamsidei Episcopos solere de imperatoribus Christianis non imperatores de Episcopo iudicare And in another place Volens nunquam ius deseram coactus repugnare non nout arma enim nostra preces sunt lachrymae This example of Ambrose his courage is worthily commended by all posterity wherein this worthy man seemeth to direct a true rule of obedience For Iustina the Emperours mother seeing she could not draw Ambrose to fauour the Arians purposed to put him from the gouernment of the Church Which thing would haue beene effected if he had not refused to appeare in the Court where the Emperour was to sit as Iudge There appeared in him courage godlinesse and exact obedience all truly tempered He denieth the Emperour to be a sufficient Iudge in a cause of faith and religion In causafidei in causa inquam fidei For this hee repeateth precisely desirous to be rightly vnderstood he would rather die then admit such an example as to betray the trueth and that commission and charge wherein GOD had set him And yet if the Emperour would by force doe any thing he denieth that there is any power in him or in the Church to resist by force The faith and right of the Church was not in his iudgement to be maintained by force and armes but by prayers and teares Thus resolute is this godly man in the cause of faith against the Emperour but in other causes he claimeth no priuiledge no immunities and therefore in the same place hee faith Si tributum petit imperator non negamus agri Ecclesiae tributum soluunt Athanasius ad solitar vitam agentes speaking to Constans the Emperour saith Let religious Bishops perswade the Emperor that he corrupt not the Church nor mingle the Romane Empire with Ecclesiasticall constitutions And Hillarie writing to Constantius saith to the same purpose Prouideat decernat clementia tua c. Let your clemency prouide and establish that all Iudges to whom the care of publike businesse belongeth may abstaine from religious constitutions Thus did the auncient Bishops gouerne the Church not suffering any King or Emperour to meddle with the determinations of matters of faith For of such matters are these testimonies to be vnderstood and onely of such In like manner Chrysostome resisted Gaina generall of the forces of Arcadius Emperour Who would haue had a Church within Constantinople for himselfe and the Arians The Emperour was willing to gratifie him or not willing to displease him for his greatnesse but Iohn Chrysostome did vtterly denie it as a thing vnlawfull Thus by the warrant of Scriptures and examples of Fathers we giue to Caesar all coactiue power which is due to him but spirituall gouernment we giue not to him this is that
Now this is the crueltie of our Lord the King that is so much spoken of through the world against the Church this is that persecution that he raiseth Then it is an auncient complaint of these Romish Catholickes to call the iust lawfull godly and necessary execution of iustice crueltie and persecution this complaint hath beene euer since continued by them and most of all where there is least cause euen in the milde and mercifull gouernement of the late Queene of famous memory What crueltie did they impute to her What persecution to her Gouernement When they are not able to proue that one man was executed for Religion but for treason Which was so much the more dangerous because it was masked with the visard of Religion but Religion is not nor euer was the cause why our Kings punished the Popes Clerkes but onely Iurisdiction For when the Pope will stretch his Iurisdiction so farre as to include coactiue power and to exclude Kings from the gouernement of their Subiects drawing the Clergie from the obedience of their Kings to the obedience and subiection of the Pope drawing the subiects of other Kings vnder his subiection by an Oath of Allegiance and hereupon perswading al that will hearken to him that they may not yeelde an Oath of Alleageance to their owne Princes the Popes Iurisdiction being drawne to these points as now by the confession of themselues they are the question betweene the Pope and Christian Princes is not of Religion but of Iurisdiction of ciuill and coactiue Iurisdiction and the summe of all is this Whether the Princes of Christendome shall be free Princes or the Popes Vassals 82. By this which we haue declared we see the cause of our Kings iustified against the Archbishoppe and the exemption of Clerkes for which the Archbishoppe stroue and which since that time is claimed to be an especiall priuilege of that Church to be condemned by the chiefe of the Clergy by all the Bishops of that Prouince and that euen to the Pope himselfe Which thing the Bishoppes of the English Church would neuer haue done vnlesse they had beene well assured that the Kings cause was good and that the contrary opinion was a pernicious nouelty a late vpstart deuice in the Church But howsoeuer the Popes Clerkes pretended their new forged priuiledges yet the Kings of this land held still their olde course in the auncient manner of execution of iustice against them that offended And therefore Henry the second by law commaunded as Houeden saith that the Bishoppes of London and Norwich should be summoned that they might be before the Kings Iustices to answere for that they against the statutes of the kingdome did interdict the land of the Earle Hugh 83. This exemption of Clarks was a new practise in the time of Marsilius of Padua and not so new as pestiferous occasioning the ruine of States and being as a furie sent abroad from hell to disorder all gouernment For thus he complaineth of it Quibus non contenti sed saecularium contra Christi Apostolorum praeceptum appetentes fastigia in legum Lationes seorsum ab ijs quae Ciuium vniuersitatis sunt proruperuut Omnem clerum ab his decernentes exemptum ciuile sâ—…hisma principatuum supremoruÌ„ pluralitatâ—…m inducentes ex ipsis c. Haec pestilentiae Italici regni radix est origo ex qua cuncta scandala germinauerunt prodeunt qua stante nunquaÌ„ ciuiles ibidem cessabunt discordiae c. That is Not content herewith they the Popes seeking the honour of secular gouernement against the commandement of Christ and his Apostles haue taken vpon them the ordaining of Lawes and Canons other then such as serue for the common good They decree that all the Clergie are exempt from temporall Princes heereby inducing a pluralitie of Soueraignties c. This is the roote and spring of the pestilence of the Empire from whence all scandals grow and which standing ciuill discord shall neuer haue an end c. Thus were these exemptions then found and acknowledged to be the pestilence and ruine of all states especially of the Empire And his reason is well to be obserued because saith he it bringeth in Pluralitatem supremorum principatuum quam velut impossibilem humanae quieti demonstrauimus he proueth the plurality of Soueraignty a thing impossible to stand with the quiet and peaceable Gouernement of the world Now this exemption must eyther induce a plurality of Soueraignties when the Pope is one Soueraigne and the Prince another which is impossible in nature saith Marsilius or else it denieth the Kings Soueraignty to establish the Popes which thing can neuer bee indured by any Prince §. VI. Of the Popes power in giuing lawes 84. ANother thing whereby this new Iurisdiction of the Pope was so highly aduanced was giuing of Lawes to Princes and their subiects whereas before Princes had giuen lawes to him Marsilius in the wordes last cyted in the end of the last Paragraffe speaking of these laws saith They now break out into a practise of Iurisdiction taking vpon them to make lawes separat and distinct from such lawes as are for the common and publique good of all meaning the Canon lawes which because they intend onely the priuate aduancement of the Pope and not the publique good of the Church being also made onely by the authority of the Pope and not by the publique consent of the Church therefore he doth not account them lawes but Oligarchicall and tyrannicall Decrees these lawes are to be considered because they make so great a shew of the Popes Iurisdiction 85. The Church before was gouerned by Bishoppes and Metropolitanes in such order that the affaires of euery particular Diocesse were ordered by the Bishoppe or by a Synode of his calling the affaires of the Prouince were determined by the Metropolitane or by a Prouinciall Synode of his calling from an Episcopall Synode a man might appeale to a prouinciall Synode and from a Prouinciall Synode to a nationall but from a prouinciall or from a nationall Synode none might appeale to the Bishoppe of Rome for which thing diuers Decrees were made in prouinciall Synodes as we haue before declared As the Bishoppes were Gouernours so the lawes whereby they did then gouerne the Church were the Canons of auncient Councels especially of those foure most famous Councels of Nice Constantinople Ephesus and Chalcedon For that the Canons of these Councels were held for the lawes of the Church it appeareth by a Constitution of Iustinian extant in the fift Synode held at Constantinople wherein Iustinian the Emperour declareth that Aâ—…thimus was deposed from the Bishoprike of Constantinople by Pope Agapetus and a whole Synode with him consenting for that he had departed from the doctrines of those foure holy Synodes the Nicen the Constantinopolitan the Ephesian and the Chalcedonian The Emperor also declareth that he being deposed by the Church should be banished by him ioyning his