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A17976 Iurisdiction regall, episcopall, papall Wherein is declared how the Pope hath intruded 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. Carleton, George, 1559-1628. 1610 (1610) STC 4637; ESTC S107555 241,651 329

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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 conuen●…t infinita odia infinitas offensiones parit quae ipsa praet●…r quam quod neg●…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 sacerdo●…es iudices e●…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 ●… fungi ciu●…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 b●…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 thē being the gouernors after the Apostles the like Iurisdictiō 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 eiusd●…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 be●…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 ●… 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
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
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 thē 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 ●…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 h●…ad To distingu●…sh this confused ma●…se to giue to each his own right was a thing wherin I foūd 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 t●…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 cōmonly 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
of his auncetours Saluo in omnibus or dine suo honore dei sa●…cta ecclesi●… This clause was thought new scrupulous and offensiue The King would haue him yeeld without exception but the Archbishop would not In this contention Philippus a Legat from the Popes side came into England by him the Pope and all the Cardinals commanded the Archbishop to yeeld to the King without exception whereupon hee did so but afterward reuolted from that promise Hence a new contention began but being againe perswaded hee promised obedience to the Kings Lawes The King to hold fast this slippery Merchant required all the Bishops to fet to their approbation and seales to those Lawes Hereunto when other assented the Archbishop swore that hee would neuer set his seale to them nor allowe them Afterward the Archbishop suspended himselfe from celebrating Masse and desired to goe to Rome but the King denied him The Bishop of London accused him of Magick The King perceiuing his rebellious disposition required the Barons to giue iudgement of him that being his subiect would not be ruled by his Lawes Cito facite mihi iustici●…m de illo qui homo meus ligius est stare iuri in curia mea recusat As the Barons were attending this seruice and now ready to giue sentence I prohibite you quoth the Archbishop in the behalfe of Almighty God to giue sentence vpon me for I haue appealed to the Pope And so he departed Omnibus clamantibus saith mine Author quo progrederis prodi●…er exspecta ●… iudicium tuum The Archbishop after this stole away out of the land changing his apparrell and name for hee called himselfe Deerman The Archbishop thus conueying himselfe out of the land came to the Pope and shewed him a Copy of these Lawes which the King called his Grandfathers Lawes When the Pope heard them reade in the presence of his Cardinals and diuers others he condemned the Lawes and excommunicated all that maintained them Condemnauit illas in perp●…tuum ana●…hematizauit omnes qui ea●… tenerent al●…quo modo fauerent saith Houeden 80. Thus did the Popes then stirre to aduance their spirituall Iurisdiction as they called it to such an height that the Kings of the earth who are set vp by God to iudge the world could not execute iustice and iudgement vpon offenders might not be suffered according to the commaundements of God to take vengeance of murtherers robbers incendiaries traytors might not execute that office for which onely they beare the sword Now because the deuotion sense and iudgement of all ages is pretended to be for the Popes Iurisdiction and against the Kings let vs obserue the iudgement of the men that liued at this time We shall finde in all this question of Iurisdiction and of these exemptions in particular that the king was iustified and the Archbishop condemned The Kings auncient Iurisdiction acknowledged the Popes new Iurisdiction and the Archbishops disobedience disallowed and abhorred of all For all the Bishops of the Prouince of Canterbury wrote a letter to the Archbishop the letter is extant in Houeden Therein they entreat him to yeeld to the King they commend the Kings care and zeale for the Church They testifie that the king requireth no more of him then the due honour which his ancestours haue alwaies had Rex a Domino constitutus pacem prouidet subiectorum per omnia vt ha●…c conser●…et Ecclesijs commissis sibi populis dignitates regibus ante se debitas exhibitas sibi vult exhiberi exigit The King ordained by God prouideth his subiects peace by all meanes that he may preserue this in the Churches and people vnder him hee requireth and exacteth that Iurisdiction which was due and exhibited to the Kings which were before him They charge him with rashnesse and furious anger for suspending and condemning the Bishop of Salisbury and the Deane before any question of their fault was moued Ordo iudiciorum nouus say they hic est huc vsque legibus eanonibus vt speramus incognitus damnare primum d●… culpa postremo cognoscere This is a new proceeding of iudgements and as wee hope vnknowne in Lawes and Canons to this day first to condemne a man and last of all to know the fault 81. And that the iustification of the King in this cause and the condemnation of the Archbishoppe might be made more euident to all the world the same Suffraganes that is all the Bishops of the Prouince of Canterbury wrote to Pope Alexander the third to whom they giue a worthy famous testimonie of the Kings iustice temperance and chastitie declaring that the King could not be suffred to execute his Princely office nor effect his good and godly purposes in execution of Iustice for the filthinesse of some of the Clergie Rex say they fide Christian ssimus in copula ●…oiugalis castimonij honestissimus pacis iusticiae cōse●…uator dilata●…or incōparabiliter strenuissimus hoc vo●… is agit totis in his feruet desiderijs vt de regno suo tollantur scandala cūspurci●…ijs suis eliminentur peccata pax totum obtineat atque iustitia c. Qui cum pacem regnisui enormi insolentium quorundam Clericorum excessu non medio●…riter turbari cognosceret c. That is The King in faith most Christian in the bond of matrimoniall chastity most honest for preseruation and dilatation of peace and iustice without comparison the stoutest doeth with great zeale and affections desire this that scandals may be remoued out of his Kingdome that sinnes with their filth may be banished c. and finding the peace of his Kingdome not a little troubled with the enormous excesse of some insolent Clerks c. And thus they proceede declaring wherein those strange exemptions stood which then began first to bee knowne in the world For say they if a Clerke should commit murder c. the Archbishoppe would haue him punished onely by degrading but the King thought that punishment not sufficient for establishing of peace and order and for execution of iustice Hi●… non dominationis ambit●… non opprimendae Ecclesia libertatis intuit●… sed solummodo pacis affectu eò Rex progressus est vt regni sui consuetudines regibus ante se in regno Angliae à personis Ecclesiasticis obseruatas pacificè reuerenter exhibitas Dominus noster Rex deduci vellet in medium That is Hereupon not through ambition of Domination not with any purpose to oppresse the liberties of the Church but onely in a zeale of peace the King proceedeth thus farre as that hee will haue the customes of his Kingdome now brought to open knowledge which Ecclesiasticall persons haue obserued and peaceably and reuerently exhibited vnto the Kings of the kingdome of England before him And a little after Haec est Domini nostri regis in Ecclesiam Dei toto orbe declamata crudelitas hac ab eo persecutio That is
great learning and iudgement I will record heere some obse●…uations of his for it seemeth that he had a purpose to re●…ute that former worke of Triump●…us though the truth is hee nameth not Triumph●…s throughout all his booke concerning this point of Iurisdiction one especiall ground which hee layeth is this Ab ●…fficio principat●…s si●…e 〈◊〉 iurisdiction is 〈◊〉 so●… coactiu●… 〈◊〉 cuiuslibet in hoc s●…lo Christ●…s seipsum Apost●…los exclusit 〈◊〉 v●…luit That is Christ hath excluded and purposed to exclude hi●…selfe and his Apostles from principalitie or contentious iurisdiction or regiment or any coactiue iudgment in this world Which thing he prou●…th at large both by Scriptures Fathers because Christ ●…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 ●…ound and cleere Scriptures with the expositions and iudgement of the ancient Fathers he resu●…eth that nouelti●… which had no other ground then the Popes decretals 8. Therefore he examineth the authority of the Popes de●…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 ou●… 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 Goue●…nours to whom in coactiue Iu●…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 s●…is decretalibus qu●… secundum veritatem nihil aliud sunt quàm ordinationes quaedam Oligarchicae quibus in nullo obedire tenentur Chrsti fideles in quuntum h●…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 quātūhuiusmodi 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 sa●… manner beene maintained by the learned men that haue handled this question before vs. Nec in quenquam presbyterum saith he aut non pres byterum con●…enit coacti●…am in hoc saeculo Iurisdictionem habere quenquam Episcopum si●…e Papam ●…isi eadem si●…i per humanum legis●…atorem concessa fuerit in cui●…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 gi●…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 qu●…m modum saith hee Romanae vrbis quamdi●… extiterit obicemque ad hoc non apposuerit populus ille c. poterit licitè ac debebit i●…m ●…ict a principalitas in Episcopo Eccle●…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 〈◊〉 Eccl●…sia 〈◊〉 Episcopi Ecclesiae fidelium neque diuina neque
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 Pap●… 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 succ●…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 glad●…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 s●…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
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 Bonauentu●…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 ●…elpe of Pope and Prelates I haue deliuered this in the ●…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 Ponti●…icem vt ponti●…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 i●…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 be●…ongs to Kings only not to Ecclesiasticall persons but as they ●…aue commission from their Princes And because we would ●…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 Eccl●…siastica coactiua quae valet exerceri in alterum etiam i●…uitum Bellarmine speaking of the same power saith it is ad regendum populum Christianum i●… 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 Ia●…het being directed to repaire to his
tents for as then the Church was in tents Sem hauing the birthright confirmed by his fathers blessing as Iacob had by the blessing of Isaack afterward hath consequently all those priuiledges confirmed to him which followe the birthright The priuiledges which in the time of the law of nature followed the birthright were these The gouernement or principalitie the Priesthood and a portion answerable to maintaine both these dignities the two former were principall prerogatiues the third followed as an adherent to them a double portion answerable to a double dignitie The princedome and double portion are generally acknowledged to belong to the birthright but the priesthood is not so much manifested and would therefore somewhat more be opened I will here briefly collect the reasons which proue the priesthood to belong to the birthright as wel as the princedome and double portion 2. First from reason it is deduced thus It cannot by reason be imagined but that God hauing a purpose to call a Church out of this world did set vp the gouernment and meanes wherby the Church might be instituted in the true knowledge and wor●…hip of God therefore this gouernment and those meanes were set vp in the law of nature in those principalities which then stood The fir●…t principalitie that was set vp to rule many families was a kingdome as the first simply was in the gouernment of a family for before there could be a common-wealth there must be a citie or the collection of many families into the lawfull right of one societie and before there could be a citie there must bee particular houses and families so that the first gouernment that was in the world among men was the gouernment of a family now in the gouerment of a family it is absurd to thinke and impossible to prooue that the power of gouernment was in the multitude This I obserue the rather because some of the Popes flatterers of late as others also to open a wide gappe to rebellions haue written that the power of gouernment by the law of nature is in the multitude but euery man of reason carrieth thus much light and vnderstanding about him as to iudge of this thing without errour Because no man can conceiue in the first beginning any other gouernment of a family then by one whom God and nature made Patrem familias the father of the familie Now come from the gouerment of one familie to the gouernment of diuers when many families were gathered together the first gouernment that was erected among them was that with which they were first and best acquainted for as in families so in the collection of diuerse families one was in gouerment as the father of the family was in his famiile And what is a King by nature but the father of a great family and what is the father of a familie by nature but a little King and therefore the first gouernement of states by the lawe of nature was by Kings These principalities were first erected for the good of Gods Church to minister as nourcing fathers to the Church Thus were Kings erected not onely by their authoritie to see that Gods seruice were established but by the law of nature to performe that seruice in their owne persons And therefore as Adam had this care first so it is testified of Seth to whom the birthright pertained after Cain was reiected that in his time men began to call vpon the name of the Lord which declareth that he established the true worship of God in his dayes 3. Another reason may be drawen from this blessing which Noah gaue to Sem blessed be the Lord God of Sem and let Canaan bee his seruant God perswade Iaphet that hee may dwell in the tents of Sem and let Canaan be his seruant In which words three priuiledges of Sem are manifested First that God is called the Lord God of Sem Secondly that Canaan shal be his seruant Thirdly that Iaphet shall repaire to his tents The first and last are confirmations of the priesthood the second a proofe of the primogeniture then the priesthood is annexed to the birthright Another reason is from the example of Melchisedeck who was both King and Priest In which example we consider that by the law of nature before there was a positiue law to distinguish and separate these offices both did naturally concurre in one person for in this we vnderstand the ordinary course held in the law of nature If wicked Kings neglected this godly order it was because they were wicked and had shaked off the feare of God and as much as in them was extinguished the light of nature Another reason may be drawen from the testimony of Moses who witnesseth that the Lord tooke the Leuites to minister in place of the first borne I haue taken the Leuites from among the children of Israel And the Leuits shall be mine because all the first borne are mine Vpon which wordes Lyra reporting the receiued iudgements of the best interpretors saith Ante legē datam ad primogenitos pertinebat offerre sacrificia and a little after Leuitae successerunt loco eorum and againe to the same purpose Cultus diuinus ante legem datam pertinebat ad primogenitos Israel and againe Sacerdotium suit annexum primogeniturae vsque a●… legem datam per Mosen 4. By all which thus much appeareth that by the law of nature the first borne stood in the ministerie seruice of God to preach the knowledge of God to others and to execute his ordinances and sacrifices And as the first borne in families were thus to instruct and informe the whole familie so the first borne in a nationall principalitie or kingdome were bound not onely to cominaund as ciuill magistrates but to execute the holy ordinances of God as the chiefe Priests of that nation as is euident by these reasons and by the example of Melchisedeck The same light may appeare though much darkened in the ancient gouernment of the heathen for euen heathen Kings are witnessed in old times to haue bene Priests of such gods as they serued which auncient combining of these two offices in one person came from the ancient practise in the time of the lawe of nature and from the light of nature which was receiued among the heathen 5. But here a question may be moued If Kings by the law of nature were Priests and the lawe of nature stand alwayes in force not abrogated why then are not Kings now Priests For aunswere first we say that it was altered by a positiue lawe of God as hereafter we shall declare and therefore the same authoritie that instituted this thing hath also altered it But it may be replied that the positiue law of God which hath altered this thing was partly ceremoniall partly iudiciall for these two dignities of the princedome and priesthood which vnder the law of nature were combined in one person were diuided vnder the law of Moses and
distinctly set in two persons Moses keeping the ciuill gouernment and Aaron the Priesthood The gouernment of Moses and his successours being more ciuil The Priesthood of Aaron his successors ceremoniall it followeth that this ancient ordinance of the law of nature was altered by such positiue lawes of God which were either ciuil or ceremoniall and consequently that this alteration taketh not away the auncient right 6. If I might therefore in a matter of this nature declare my poore opinion leauing the censure hereof to the learned that are able to iudge I take it that as it is not simply vnlawfull that a King may be a Priest and neuerthelesse keepe his kingdome so I suppose this thing cannot be done without not only a lawfull but also an ordinarie calling from God and from the Church For no man taketh this honour to himselfe but he that was called thereto as was Aaron And this cannot bee done without an ordinary calling for when Kings were Priests and the first borne sacrificers as in the law of nature then they had an ordinary calling therto for that was then the ordinance of God ordinarie in the Church which now is not But if a man were first ●… Priest and afterward aduanced to a kingdome by some Temporal right in this case it were assuredly vnlawfull for him to shake off his holy estate and betake himselfe wholly and only to his Temporall gouerment as some Cardinals haue done Then by the law of nature the King had both the power of order and Iurisdiction and howsoeuer this is altered by a positiue ordinance of God yet all is not taken away there remaineth still that part of Iurisdiction so farre as it standeth in power coactiue in respect wherof the common law of this land saith the King is persona mixta because he hath both Ecclesiasticall and Temporall Iurisdiction 7. This example of Melchisedeck both King and Priest hath much lifted vp the Pope and his flatterers for of this they take especiall hold and thinke hereby to prooue the Pope to be King of the Church because Melchisedeck was both King and Priest But to this we aunswere Melchisedeck had both these honours by a lawfull and ordinarie calling but so hath not the Pope for his Priesthood we graunt he had once thereto a lawfull calling both by locall and doctrinall succession which doctrinall succession Irenaeus calleth successionem principalem Tertullian doctrinae cōsanguinitatē cum Apostolica Ecclesia but now haue they forsaken that principall succession and haue nothing left to glory in but bare personall and locall succession Then to the office of a Bishop the Pope may shew some colour though the colour be now worne thredbare but to the princely office which he claimeth ouer the Church he can shew neither calling nor colour so that the example of Melchisedek which the Popes parasites drawe with such violence to him doth helpe him nothing but rather helpeth the cause of Christian Kings against him for it is certaine that Kings were Priests by an ordinary calling before these two offices were distinguished but it can neuer be prooued that Priests were Kings by such an ordinary calling after that these two offices were set in distinct persons If any man suppose that we haue stretched the example of Melchisedeck too farre because he was a type of Christ I aunswere this is nothing against my purpose that Melchisedeck was a type of Christ. For many men in their ordinary standing and executing ordinary functions did also beare some type extraordinarie thus did Moses Ioshua Dauid Solomon and others I speake of Melchisedeck as I finde him in his ordinary place a King and a Priest 8. By all which we conclude that vnder the law of Nature Kings were in the beginning inuested with all power Ecclesiasticall both of orders and Iurisdiction and therefore these things are not incompatible by nature All this time which lasted about the space of two thousand and fiue hundred yeeres Kings had Ecclesiasticall Iurisdiction without question And therefore this Iurisdiction of Princes which we haue vndertaken to examine is found aunswerable to the first gouernment of the world vntill the time of the law giuen by Moses CHAP. III. All externall Iurisdiction coactiue was a right belonging to Kings vnder the Law NOw let vs search what Iurisdiction in matters Ecclesiasticall was found due and acknowledged to belong to the Kings right all that time vnder the Law Then we find by an especiall commaundement of God these two offices of King and Priest were distinguished and set in two seuerall persons the one in Moses the other in Aaron And the tribe of Leui was taken to the seruice of God in stead of the first borne by an expresse commaundement and the first borne which in number exceeded the number of the Louites were redeemed by fiue shekels a man for the number of the first borne was taken 22273. the number of the Leuites 22000. so that the number of the first borne exceeded the number of the Leuites by 273. These were redeemed and after that redemption the first borne of other tribes were discharged from the attendance of the seruice of God the Leuites tooke vp their place Now the Kings office and the Priests being thus distinguished we must consider what things did properly belong to each office 2. First we find that Moses who had the place of a King in gouernement as he is also called a King doth consecrate Aaron the Priest Moses is commaunded to consecrate him and his son s Exod. 28. and performeth it Leuit. 8. therefore it is repeated Num. 3. These are the names of the sonnes of Aaron the anointed Priests whom Moses did consecrate to minister in the Priests office Heere then appeareth some Iurisdiction of Moses ouer Aaron But this I meane not to vrge for it may bee thought extraordinailry to belong to Moses as Gods Apostle or Ambassadour and lawgiuer vnto Israel for in such great chaunges as was from the law of Nature to the written law somewhat must bee admitted extraordinary and this I could be well content to vnderstand so though many doubts arise for the princes right against the Priests For first it may be obiected seeing there was a Prince and a Priest set vp distinct one from the other why should the Prince consecrate the Priest and not the Priest the Prince But here we finde that Aaron doth not consecrate Moses to be Prince but Moses doth consecrate Aaron to be Priest Another doubt may be moued why Moses should consecrate not onely Aaron but his sonnes also For though we should admit the consecration of Aaron to be done by Moses of necessitie as a thing extraordinary at the first beginning of this Priesthood yet this necessitie appeareth not so much in Aarons sonnes for they might haue beene consecrated by Aaron after that himselfe had bene once consecrated by Moses And yet we find that the
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 doub●…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 rea●…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
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 adue●…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 got●… 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
flatterie in his seruants then to resume these old condemned priuiledges and therewithall to patch yp a Iurisdiction standing so directly against the iudgement and practise of the ancient godly Fathers 92. And yet was Anselme as resolute in this as Augustine was in the contrarie But heerein a great difference appeared which might much sway the iudgement of indifferent readers if there were no other meanes to informe them that Saint Augustine standing against appellations to Rome had heerein the full consent of all his fellow Bishoppes not one dissenting But Anselme standing for appellations to Rome stood alone without the consent of so much as one Bishoppe which thing I report for the honour of the Church of England and of all the Bishoppes of England at this time who heerein resisted their Archbishoppe standing for the ancient liberties of the Church William Malmsburie witnesseth thus much In his exequendis saith he omnes Episcopi Angliae Primati suo suffragium negarunt That is In the execution of these things all the Bishops of England denied their consent to their Primate This sheweth that Archbishoppes were made the Popes seruants before Bishoppes were the reason was because the Archbishoppes vsed to purchase a Pall from the Pope which Pall Anselme had not yet at this time of his variance with the King obtained for Malmsbury saith he first asked leaue to goe to Rome for the Pall. Now the Pope in graunting the Pall conueyed an Oath of Alleageance with it as before we haue obserued which was the reason that moued our Archbishopps to stirre such rebellious tumults against the Kings of this land Such was this faction which Anselme maintained for the Pope against the King wherein he was condemned by all the Bishops of England in the question of Appellation as Thomas Becket was after this time condemned by all the Bishoppes in like sort in the question of Inuestitures 93. And therefore Henry the second had iust cause to publish that law which Roger Houeden calleth graue edictum execrabile against the Pope beginning Si quis inuentus fuerit literas vel mandatū ferens Domini Papae c. capiatur de eo sicut de regis traditore regui siue dilatione fiat iusticia That is If any be found bringing in the Popes Letters or Mandat c. let him be apprehended and let iustice be executed without delay vpon him as vpon a traytor to the King and Kingdome In the same law it is said Item generaliter interdictum est ne quis appellet ad Dominum Papam That is It is simply by law prohibited that no man appeale to the Pope This was not a new law now inuented by Henry the second but an auncient law now renued and vpon a iust occasion put in execution for William Rufus as before we haue declared vrged this law against Anselme proouing it to be one of his Fathers lawes and auerring that such appeales did stand against the auncient lawes and customes of his Kingdome so that the Kings Iurisdiction in such matters was maintained by the auncient lawes of this land 94. But because the antiquity of the lawes of our land is questioned by our aduersaries though this thing belong not to my profession yet let me in a few wordes declare what I haue met with in Stories concerning this point that it may appeare that the lawes of this land are much more auncient then that Religion which now is called the Religion of the Church of Rome King William Rufus the Conquerours sonne declareth as Malmsbury witnesseth that it was a custome of this kingdome confirmed by his father that without the Kings licence no man might appeale to the Pope Now these lawes and customes which William the Conquerour did publish and confirme were the auncient lawes and customes of the Saxons before him not first inuented by the Conquerour though enacted and established by him For Roger Houeden writing of these lawes which the Conquerour enacted saith that the King being once in minde to establish the lawes of the Danes was after much and earnest intreaty of the Barons perswaded to yeelde that the lawes of King Edward the Confessour should be retained still The Barons saith Houeden vrged the King Pro anima regis Eduardi qui et post diem suum concesserat coronam regnum cuius erant Leges Unde Concilio habito praecatui Baronum tandem acquieuit ex illa ergo die visa authoritate veneratae per vniuersam Angliam corroboratae confirmatae sunt prae caeteris patriae legibus leges Eduardiregis quae prius inuentae Constitutae erant in tempore Adgari aui sui For King Edwards soule who bequeathed him his Crowne and Kingdome after his death and whose lawes they were whereupon holding a Parliament he yeelded at last to the Barons request from that day forward the lawes of King Edward were by his authority honoured established and confirmed through all England which lawes were before found out and enacted in the time of Edgar Grandfather to King Edward After this Houeden entreth into a large discourse to proue that the lawes which the Conquerour established were King Edwards lawes which lawes saith he were called King Edwards lawes not because hee inuented them first but because after they had beene buried in some neglect lying vnregarded and not put in due execution for the space of three score and eight yeares after Edgars death for so many yeares are betweene King Edgars death and S. Edwards Coronation he reuiued them And thus much he confirmeth that the lawes established by the Conquerour were S. Edwards lawes and the same which were in vse here in the daies of that peaceable King Edgar And it is not without good reason collected that the same lawes proceeded from King Alphred for he like another Iustinian is reported to haue compiled certaine volumes of lawes not onely from the lawes of the Britaines Saxons and Danes but also of the ancient Grecians and other Besides that he translated into the Saxon tongue those lawes which were called the Molmucin lawes and also the Martia●… lawes the one of Dunwallo Molmucius an auncient Brittish King the other so named of Martia Proba an auncient Brittish Queene And that William the Conquerour established the Saxon lawes it is likewise testified by Henry Huntingdon who saith thus Saxones pro viribus paulatim terram bello capessentes captam obtiuebant obtentam aedificabant aedificatam legibus regebant Nee non Normanici cito breuiter terram subdentes sibi victis vitam libertatem legesque antiquas regni iure concesserunt The Saxons by a strong hand ouercame the land in time by war built as they ouer came and as they built gouerned it by lawes The Normans also quickly subduing the land vnder them yet graunted by the right of the Kingdome lise and libertie and the auncient lawes to them whom they subdued 95. Then whereas William Rufus
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
Persians and that of the Persians by the Macedonians and that of the Macedonians by the Romanes so shal that of the Romanes be destroyed by Antichrist and that of Antichrist by our Lord Iesus Christ. 101. By all which wee findè by the consenting iudgement of the Fathers that Antichrist must rise vp vpon the ruine of the Romane Empire And finding the power and gouernement of the auncient Romane Emperours to be vtterly ruinated by Gregory the second the title of the Empire to be taken away from those Emperours by Gregory the third the rule of the City of Rome which was the auncient seate of the Empire taken vp and surprised by the Pope the Cities of the Empire neere adioyning to Rome to bee brought vnder the subiection of the Pope by conferring the Prophesies of Scripture interpreted by the Fathers with these euents which by History are truly recorded laying one thing to another the conclusion is euident My purpose is not to speake of Antichrist but onely passing through these Stories of the Popes temporall exaltation I thought it a small labour for the Reader to compare the Prophesies of Scripture and the iudgement of auncient Fathers with the euent which fell out in the time of the two Gregories the second and third Before which time the Popes neuer entred into such furious attempts against their Soueraigne Lords the Emperours For they yeelded exact obedience to Emperours from the time of the first Christian Emperour vntill the time of Gregory the first All which while they refused not to be ruled commaunded directed by the Emperours as by their Soueraignes not onely in ciuill affaires but euen in matters concerning the externall Discipline of the Church as calling of Councels and confirming them punishing and censuring disorderous Clarkes and Bishops that offended the Imperiall Lawes and such like In such things the Emperours ruled the Popes obeyed no striuing no threatning no casting off of the yoake appeared all this while But after that Phocas had granted to Beniface the third Pope the title of Oecumenicall Bishop and that the Church of Rome should be head of all other Churches then began that starre to fall from heauen falling from the simplicity of truth from sincerity of obedience into pride ambition and noysome lusts and neuer ceased rolling downwards till at last it fell into the deepe practises of the bottomlesse pit Thus when they began to fall they had one fall after another They fell not into the practise of deposing Princes vntill the time of Gregory the third Childeric or Chilperic 102. THe Popes hauing proceeded thus farre in deposing the Emperour thought all their labour lost vnlesse they might haue those Territories made subiect to themselues from which they had expulsed the Emperor Their feare was that either the seuerall Cities would procure their owne Freedome or that some that were strongest would surprise all the rest and so a small part might come to the Popes share The Lumbards were then strongest in Italy and had soone gotten the rest vnder their Dominion To preuent their rising and to inrich S. Peter with a new Patrimonie the Popes after they had vsed the power of the Lumbards against the Emperour so now against the Lumbards begin to call new aides into Italie drawing first Pipin and then Charles against the Lumbards by whose meanes they obteyned their purpose Pipin was made King of Fraunce for this seruice and Childeric the right King was deposed by Pope Stephen saith Harmannus Contractus other attribute this to Pope Zachary Childeric was shauen and thrust into a Monastery After all this there stuck a scruple in the conscience of Pipin for he had taken an Oath of Allegeance to Childeric his Soueraigne this scruple the Pope vndertooke to remoue For saith Vspergensis Pope Stephen absolued him of his Oath which in former times he had taken to his Soueraigne Childeric Thus were these great affaires ordered and disordered the Emperour deposed his subiects raised in rebellion against him the Pope exalted and inriched by the spoiles of the Empire the French king deposed his subiects absolued from their Oathes and Alleageance another set vp in the kingdome These were practises which before this time were neuer attempted by Popes From these beginnings and examples the succeeding Popes tooke light and made rules of their Gouernement and therefore after this the world could take no rest for the Popes Moreouer after these examples of Pipin and Charles they who through ambition aspired without right or Title to kingdomes haue deuoted their seruice wholly to the Pope And what holdeth the Spaniard so stiffe in Popery but onely an hope that by the Popes authority he may inlarge his Dominions in the same sort It is to be noted also that they who thus offer their seruice to the Pope are honoured by him as the onely defenders of the Church whereas none haue spoiled the Church more then these for Paulus Aemylius recordeth that Carolus Martellus father to Pipin being then Constable of France robbed the Churches and Monasteries of France at his pleasure promising that if he should obtain victorie against the Sarracins he would bountifully repay all But after most great and rich victories he not onely repayed nothing but thrust also the Bishpppes from their Seas held the Seas empty to pay souldiers which thing brought a foule confusion vpon the Church of Fraunce yet this man for his seruice to the Pope was accounted a great defendor of the Church Henry the fourth Emperour 103. THe auncient manner of choosing Popes was by the Emperours consent after that Emperours became Christian This was practised from the time of Constantine till Hadrian the third saith Platina who maketh this Hadrian the first who altred this auncient manner he tooke the opportunity of the absense of Charles the grosse then Emperor who was so incumbred with the warres of the Normanes that he could not attend this businesse But Onuphrius in his Chronicle of Popes setteth Iohn the fift to be the first Pope that was chosen without the Emperours commaundem●…nt and appointing both may be well reconciled for Onuphrius speaketh of the Popes vnder the auncient Emperours Platina of the Popes vnder the French and Germane Emperours for from Constantine till Iohn the fift Pope no Pope was chosen without the Emperours consent from Iohn the fift Pope till Charles the first no Pope was chosen by the Emperours consent Charles the first recouered the auncient rights of the Empire as before we declared from his time till Hadrian the third no Pope was chosen without the Emperours consent from Hadrian the third the consent of the Emperour was not required if Pla●…ina say true others witnesse that the Popes were alwaies chosen by the consent of the Emperor till Hildebrand The Popes thus striuing to cast off the ancient yoake when Gregory the seuenth was chosen Pope he added vnto this practise of reiecting the Emperours consent many moe practises by blood
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 Guillia●… 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. Mamphr●…d the bastard sonne of Frederick the second tooke and held possession of these Kingdomes after the death of 〈◊〉 T●…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 Ur●…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 Mamphr●…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 reco●…er his inheritance of Sicily made Charles brother to the French King the Vicar of the Empire to giue him ●…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 excommunicati●… 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 th●…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 Innoc●…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 m●… After his death Vrbanus dealt very inurban●…ly for hee drewe Mamphred in excluding my selfe the true heyre The same Pope disanulling that match with Mamphred drew Charles to vndertake th●… 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 Charle●… 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 N●…cholas the third onely fearing that Charles should be too great in Italy hauing no quarrell against hi●… tooke from hi●… the o●…fice of Deputy of Hetruria pretending that R●…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 se●…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 ●…ope saith 〈◊〉 had a desire to create two Kings in Italy of the Vrsini one of Hetruri●… 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 Charle●… 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 〈◊〉 q●…ia 〈◊〉 a●…entiri noluit vt su●…s consanguineus contraheret cum 〈◊〉 Pontificis Charles would not agree that his kinred should match with the Popes kinred P●…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
his Kingdome to such as would inuade it absolued his Sub●…ects from their faith alleageance drew those that had taken the Crosse for the warres of Ierusalem to fight against Peter And when Marti●… was dead Ho●…orius the fourth did redouble his curses vpon Peter After all these curses and so much bloud and warres procured by the Popes to the vexation of Christendome yet Peter maintained his chalenge and held those Kingdomes Philip the French King 136. BOn●…face the eight pretending to aduance the holy warres for this was not the least pollicy of that Sea to send Princes abroad that in the meane time they might suck their Kingdomes and draw the sinewes thereof to Rome for this purpose sent the Bishop of Ariminum to Philip the faire the French King The Bishop hauing vsed all perswasions hee could by faire meanes and finding the King nothing mooued with all that he alleadged from perswasions hee fell to threatnings The King being much offended at his threatnings and because as some adde the Bishoppe had rauished an ingenuous maid threw the Bishoppe in prison Others say he apprehended the Bishoppe Quod esset paterinus 〈◊〉 Whatsoeuer the cause was of the Kings offence Boniface was highly displeased and sent the Archdeacon of Narbon to command the King to acknowledge that he held his Kingdome of the Church of Rome or else to denounce the Anathema against him and obsolue all French men from their Oath of Alleageance When the Archdeacon arriued at Paris the King would not permit his Bulles to be published The Popes letters were taken from him and burned with fire The King also vnderstanding the end of the Popes earnest motion for his iourney to Ierusalem to be that in his absence he might draw great treasures out of France to Rome published an Edict wherein it was made vnlawfull for any to depart out of France to Rome or thither to carry money Whereupon Boniface cursed Philip to the fourth generation absolued his Nobles and gaue his Kingdome to Albert the Emperour inuesting Albert by his letters into the Kingdome of France but Albert protested that he would not stirre against the King vnlesse hee might haue tha●… Kingdome confirmed to him and to his heyres No quoth the Pope that may not be as long as Iezebell liueth meaning Elizabeth wife to Albert a woman of great fame and honour whom he hated for no other cause but for that her brethren and auncestors had done valiantly against the Sea of Rome 137. Against this furious attempt of Boniface Philip the French King in an Assembly at Paris appealed from the Pope to a generall Councell this appeale is diuersly reported All agre●… that he appealed from the Pope Platina confoundeth the Narration thus Adsede●… Apostolicam tum vt ipse dicebat 〈◊〉 futuru●… que Concilium appellauit That is He appealed to the Sea Apostolicke then vacant as he said and to a Counc●…ll which should after this be held Naucler deliuereth it thus Rex 〈◊〉 congregari f●…cit Paritijs omn●…s Praelatos Franci●… nec non Barones facto Concilio pro sui iustificatione appellauit ab illa sentē●…a se excusando contra Bonifacium inuehendo c. That is The French King gathered a Councell at Paris of Prelates and Barons and for his owne iustification hee appealed from that sentence excusing himself inueighing against Boniface This man then hath nothing of any appellation to the emptie Sea but the appellation was as diuers were about these times from the Pope to a generall Councell this appeale was sent by Sarra Columna a Nobleman of Rome and one Nogarelius a French Knight a man faithfull to the King The pretence was diuulged that they should goe to publish the Kings appeale against the Popes Decree but Sarra hauing another secret purpose came into Italy in the habite of a seruant gathered closely by the helpe of his friends a band of souldiers and with great secresie and silence came to Anagnia where the Pope lodged then in his fathers house Sarra breaking vp the doores tooke Boniface in bed bound him and brought him to Rome where after a few daies in great sorrow and desperation he ended his wretched life Ranulphus saith that he was set vpon an Horse vnbridled with his face turned to the horse taile and so running to and fro was famished with hunger and died like a Dogge as the common saying was of him that he entred like a Foxe raigned like a Lion and died like a Dogge It may be truely said of all the Popes that liued since the yeare of Christ one thousand which Naucler obserueth of this Pope Imperatoribus Regibus Principibus nationibusque torrorem potius quam religionem inij cere conab●…tur dare regna auferre pro arbitrio c. He sought not so much to pla●… Religion as terrour in Emperours Kings Princes and nations to giue and take away kingdomes at his pleasure Where hee doth truely describe the fruite of the Popes excommunications it is not for planting of Religion but for striking a terrour in Princes and breeding a confusion in the world and therfore it is no censure of Christs Church because all these censures plant Religion without confusion of Princes and disordering of the world 138. Finding in Story two Epistles one from Boniface to this Philip the other from Philip to Boniface I thought good to set them downe they are but short Boniface seruant of Gods seruants to Philip the French King feare God and keepe his commandements VVEe will haue you to vnderstand that you are subiect to vs both in spirituall and temporall affaires No collation of Benefices or Prebends belongeth to you and if you haue the vacation of any reserue the fruits thereof to the successours if you haue made any collation we iudge that such shall be of no validity that are to come and those that are past we reuoke reputing all Hereticks that thinke otherwise Dated at Later an c. The answere was thus returned Philip by the grace of God King of France to Boniface bearing himselfe as Pope health little or none at all YOur singular fooleship may vnderstand that in temporall affaires we are subiect to none that the collation of Churches and Prebends perteineth to vs by royall prerogatiue and the fruits thereof during the Vacation that the collation already made or hereafter to bee made are of iust force and validity and thatwe will defend the possessours thereof against all men reputing all foolish and madde men that thinke otherwise Henry the seuenth 139. HEnry the seuenth Emperor was much fauoured at the first by Clement 5. Pope for that Clement was highly offended with Philip the French King who then sought the Empire the hatred of Philip drew fauour to Henry but as passion ruled the Pope so pride ouer-ruled the passion and turned this fauour into greater hatred for when Henry came to order the State of Italy at that
confirmed in the publike assembly of the States And so furious was this Vicar of Christ that himselfe led the Army vsing these words as hee went out of Rome that seeing Saint Peters keyes would not preuaile hee would trie what Saint Pauls sword could doe and so hee threw the keyes into Tiber. 157. And thus when the Princes of Christendome shall recompt their miseries the spo●…le and desolation of their kingdomes the ruine of auncient houses the vexation of their subiects the circumuention of their persons the ex●…irpation and extermination of many noble families the bloody warre and by reason of warres all the troubles and calamities of Christendome then must the Pope come to remembrance with his excommunication as a firebrand in his hand taken out of the infernall pit and carried in the handes of these furies who onely hath brought all these troubles vpon the Princes of the earth so that since the time that hee began to exercise his excommunication against Princes there hath not beene much warres in these westerne parts of Christendome but such as the Pope himselfe hath raised dashing one Prince against another when first he had cast them into a deadly sleepe to make them insensible of the wrongs which hee hath done them but when they are awaked out of their sleepe they will remember all For the Popes as the great conspiratours against the States of Princes haue set Friars their resolute creatures to practise all secret treasons against the persons of Princes And because this cannot be done without great bloodshed they come resolued to shed blood like hungry wolues so headlong are they carried herein seeking a temporall Iurisdiction ouer Princes secretly by the conspirac●…e of Friars openly by their excommunications that if the world should stand long before the Pope with his Babylon be ouerthrowen wee haue reason to thinke that the Popes will in time vtterly cast off and reiect the maske of religion wherewith they couer their practises now and will in plaine tearmes quarrell the Princes of Christendome for their Temporall right and Iurisdiction And then will the Princes thinke it is time for them to awake CHAP. VIII Wherein is declared what opposition this Iurisdiction found in the Church after it was thus established by Popes It was confuted first by particular learned men then by generall Councels 1. AFter that this Iurisdiction thus deuised and maintained began to bee well knowen in Christendome men of learning and iudgement began to be mooued with the noueltie and examined the whole matter with care and industrie the occasion which first moued them to examine this question was the defence of this strange Iurisdiction first claimed by the Popes and afterward more fully disputed and maintained by ●…ugustinus Triumphus 〈◊〉 who was set on worke vpon this taske by the Pope For in the end of his booke we finde this written 〈◊〉 i●… su●…ma d●… 〈◊〉 Ecclesiastic●…●…dita à fr●…tre 〈◊〉 Triumpho 〈◊〉 in sacra 〈◊〉 magistro 〈◊〉 Eremit ●…rum sancti Augusti 〈◊〉 〈◊〉 22. 〈◊〉 M. A●… 〈◊〉 1320. Where we find from what spirit this defence of this new Iurisdiction proceedeth con●…ing from the especiall direction of the Pope This 〈◊〉 proceedeth herein according to his direction concluding all Iurisdiction both Spirituall and Temporall to be from the Pope 2. Which thing though it seemed straunge newe absurd yet in truth 〈◊〉 could no lesse then publish for he laboureth not so much to prooue it as to publish it the Popes challenge hauing vndertaken the businesse Fo●… the Popes before this had begunne to prescribe in their Canons so much that their flatterers had their rules now prescribed to them ●…ow farre they must stretch their consciences for the mainetenance of Iurisdiction For ●…ither they ●…ust maintaine all that the Popes had taken vpon them or else giue ouer the cause as desperate From this spirit and direction Triumphus entreth into this cause as an hireling speaking for his fee taking this ground that the Pope is as directly lord of the whole world in Temporalibus as hee is the head of the vniuersall Church in 〈◊〉 and that he hath directly Soueraigne authoritie in respect of such his worldly Dominion ouer all Emperours Kings and Princes to dispose of them and their kingdomes This opinion is now strongly maintained by the Iesuits and hath beene of late by Tho. Boz●…us Francisc. Bozius Card. Baron●…us Zecchus Carerius and other But because Triumphus is as I take it the first Friar that hath handled this question on the Popes behalfe and the learned men that first wrote against the Popes Iurisdiction haue beene mooued thereto by his writings as al●…o because the booke is rare to bee had I will set downe some of his 〈◊〉 po●…itions that the Reader may the better vnderstand what it is which they seeke and what is that against which these learned men that I am hereafter to produce doe oppose themselues 3. One po●…ition of 〈◊〉 is this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●…st 〈◊〉 〈◊〉 〈◊〉 ●… De●… 〈◊〉 alijs Pr●…latis Ecclesi●… i●… quib●… residet potest●… 〈◊〉 which he pro●…eth by such reasons as need no other re●…utation sauing only the recitall thereof For it was truely said of 〈◊〉 Martyr that to know and truely to vnderstand an absurd reason is a sufficient refutation thereof His reason is 〈◊〉 potesta●… est data in 〈◊〉 alteri per qu●…m habet instit●…i regulari ordinari atque 〈◊〉 si ●…ona sit per quam habet iud●…cari si 〈◊〉 〈◊〉 sit sed talis est potestas s●…cularium Imperatorum regum c. Quia per potestatem Pap●… habet institui regulari ordi●…ari si b●…a fit p●…r ipsam habet condem●…ari iudicari ●…i mala sit That power is giuen for seruice to another by which it must be instituted o●…dered and confirmed being good and iudged being euill but such is the power of secular Emperours and Princes c. For by the Pope it must be instituted ruled and ordered being good and by him it must be condemned and iudged being euill All the proofe that he bringeth for this is that Pope Z●…chary deposed the French King C●…ilperic and set ●…p 〈◊〉 in his place A●… other reason is this Illa p●…testas est i●… 〈◊〉 〈◊〉 alteri ●…i 〈◊〉 ●…delitatis pr●…stat ab ea 〈◊〉 esse ●…ne quod habet sed omnis potestas saec●…arium Principum Imperator●… ●…iorum ●…st ●…alis Dist. 63. Can. cum tib●… 〈◊〉 That power is giuen and subiected for seruice to another to whom it yeeldeth an Oath of Alleagean●…e acknowledging all that it hath from the same but such is all the power of temporall Princes Emperours and such like Againe he saith thus S●… 〈◊〉 quandoq●…e 〈◊〉 ●…mperatores de●…isse aliqua 〈◊〉 sum●…is 〈◊〉 sicut 〈◊〉 ●…edit Sil●…estro h●…c non est 〈◊〉 ●…os d●…re quod s●…m est sed restituere qu●…d inius●… ty●…annice ●…blatum 〈◊〉 If sometimes we finde that