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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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betweene them vpon this condition that Philips daughter should be giuen in marriage to Richard the Popes brothers sonne newly created Earle of Thuscia Spoletum and Marchia Anconitana hoping that these lands and Titles which then his Nephew inioyed onely by the Popes fauour and at his will might by this meanes afterward passe by right of inheritance The Pope seemed to be so earnest for this match that Uspergensis saith it was promised Here is descried one end of the Popes excommunications and absolutions and of raising warres in Christendome that they might by troubling Christendome drawe some aduantages to themselues The Popes motion was scorned of the Princes and the daughter of Philip was giuen in marriage to Otho and Articles agreed on that Philip during his life should gouerne and after him Otho Otho the fourth 116. PHilip the last Emperour being murdered by the practise and hand of the Countie Palatin Wittlespach Germany fell within the power of the Popes vexation more then before Hoc vno Philippo p●…rempto saith Naucler Germania summis insidijs Pontificis Romani agitata vires pene suas omnes in sese experta est truculenter That is This one Prince Philip being dead Germany vexed with the great and most fraudulent deceits of the Pope did feele in a manner all his force and power against it Otho after this comming to Rome Innocentius the third who had set him vp in armes against Philip entertained him with great shew of fauor but this loue was turned shortly into greater hatred For whilst Pope Innocent was somewhat too busie in exacting an Oath of Otho and sti●…red vp or heartned some of the Citizens of Rome against the Germanes the Romanes drew to a tumult and killed one thousand and a hundred Germanes who suspected no harme Otho being much moued at this Romish entertainment first moued that in some peaceable manner mends might be made but perceiuing them to be inraged that they seemed more ready to giue him a new on-set then to offer or to accept peace hee departed out of the Citie and finding by suspitions and presumptions that Pope Innocent had giuen some occasion and heartning to the Citizens in that tumult he resolued to be reuenged vpon the Pope and entred into the lands of S. Peters Patrimony making great wast and desolation where he came Wherefore Pope Innocent excommunicated him and absolued all Prelates Lordes and all the people that were subiect to the Empire from that Oath of Alleageance which they had taken to Otho commanding all men not to call him or account him Emperour nor in any thing to yeelde obedience to him 117. Otho being thus excommunicated and cursed by the Pope proceeded on in the same course denying that the Pope had any power ouer the Emperour or to dispose of the Empire and therefore notwithstanding all that the Pope had done still he did beare himselfe as Emperour And comming into Germany he held a Diet at Norinberge where he opened to the Princes of Germanie the manifold and fraudulent practises of the Pope against him and mine Authour reporteth that there he made this speech Now is the time come O Princes for you to shew your courage and care of the Empire and for the administration thereof for to you onely to you belongeth this right of disposing of the Germane Empire therefore it must be your care to preuent these troubles This we confesse to be in your power and of your right to create an Emperour or to depose him to set him vp or pull him downe and that herein the Pope hath no Iurisdiction when any trouble ariseth in the Empire you haue the power and right to redresse it Now then like true Germanes defend your owne right shew your courage and strength in the maintenance of your Country lawes and of the imperiall dignity either now maintaine your owne right or else you shall loose all for if by your facility you permit the Pope to dispose of the Empire at his pleasure you shall soone finde most assuredly that your power in the choise of an Emperour shall be vtterly ouerthrowne and brought to nothing Thus did Otho then reiect the Popes power but the Pope was too subtill and too strong for him for he set vp Fredericke the son of Henry the sixt against him to whom the Princes of Germany were bound in an auncien●… Oath of Alleageance The memory of which bond did so preiudice Otho that he was forsaken and Frederick was made Emperour Frederick the second 118. FRederick the second purposing to demerit the Popes fauour and to asswage the insatiable thirst of bloud and warres gaue many great and rich gifts to the Pope granted much land and many territories in Italy to the Church of Rome but nothing could asswage the spirit that ruled in the Popes For after all this kindnesse of the Emperour the Pope then Honorius the third gaue fauour and encouragement to two Earles of Thuscia Richard or as Vspergensis calleth him Mathew and Thomas notorious enemies of the Emperour and conuict of Treason against him Whom when Frederick pursued in battell they betooke themselues to the protection of the Pope as their surest refuge The Emperor followed them within the Popes territories he declared also his right to Sicily and Apulia and the auncient Priuiledges which those Kings had alwaies vsed for Inuestitures which priuiledges in his nonage who was left to Innocent the third as to a faithfull Tutor were surprised by the same Innocent taken from his mother Constantia himselfe being yong not able to make resistance As thus Frederick sought to maintaine his right Honorius draweth out this new and strange weapon against him excommunicating and depriuing him raising vp his subiects against him perswading them to shake off their faith Oath Alleageance and all respect of the Emperor The Lumbards he stirred vp in rebellion against the Emperour procuring thereby great preiudice to the Empire saith Naucler and defeating the purpose of the iourney which Frederick intended to the holy land and in the beginning of these furious attempts hee was cutte short by Death 119. Gregory the ninth who succeeded began there where Honorius left And because he sought a pretence for his fury he accused the Emperour for that he had not performed his vowe of that iourney to Ierusalem whereunto he was drawne by Honorius Though this iourney he performed afterward Thus the Pope neither conuicting him no●… conuenting him nor once hearing him thundred out his bolt of excommunication When the Emperours Ambassadours entreated that they might be admitted to rēder reasons of his stay they could not be admitted but the Pope doubled redoubled his excommunication Frederick to mitigate this mon●…trous rage vndertooke the iourney to Ierusalem and performed the seruice with great labour and no lesse glory But now behold the true reach of the Popes excommunications and exhortations to the holy seruice As soone as euer the Emperour was gone to Asia then
this opinion was r●…olued that Supreame Ecclesiasticall Iurisdiction was in the Popes And therefore we prouing that Supreame and last Appellation doth by the law of God belong to none but to the Soueraigne Prince conclude vndoubtedly that Supreame Iurisdiction belongeth to him onely 10. Heere a question may be mooued whether Saint Paul did well and orderly when he appealed to Caesar and whether Caesar was made iudge of these questions which were Doctrines We aunswere Saint Paul had no meaning to make C●…sar iudge of any point of faith But whereas hee was persecuted by the high Priests who sought his life in this matter of coactiue power Saint Paul giueth Iurisdiction to Caesar. There is also a difference betweene that power which heathen Princes haue and that which Christian Princes haue for heathen Princes haue all power coactiue whatsoeuer the cause be and without this helpe the Church could neuer deale in matters of this nature Christian Princes besides this coactiue power haue also as appeareth in the gouernment of Israel externall discipline in matters Ecclesiasticall 11. Thus we haue declared the distinct right of the King and the Priest after that they were distinguished by the written law of God we haue prooued that the Soueraigne Iurisdiction coactiue resteth in the Prince by a right which God hath giuen and therefore may not be taken away by man It followeth to consider how this right hath beene accordingly exercised by the godly Kings of Israel Ios●… commanded the people to be circumcised and not Eleazerus the cause was Eccles●…ticall but to command in such causes declareth iurisdiction Dauid reduceth the Arke he appointeth Priests Leuites Singers Porters to serue at the Tabernacle he assigneth Officers of the sonnes of Aaro●… All which being matters Ecclesiasticall the Prince as hauing soueraigne authority in both causes ordaineth Solomon buildeth the Temple and consecrateth it Asa remoueth Idols and dedicated the Altar of God that was before the porch of the Lord. Iehosaphat abolisheth Idolatry cutteth downe the groues sendeth Priests and Leuites to teach in Townes and Cities Setteth vp Iudges both ciuill and Ecclesiasticall and commandeth both to iudge according to godlinesse truth and Iustice. Because in the words of Iehosaphat these things are distinctly deliuered we will obserue the whole place The wordes are these And hee set iudges in the land throughout all the strong Cities of Iuda Citie by Citie And said to the Iudges take heed what you doe for you execute not the iudgement of man but of the Lord and he will be with you in the cause and iudgement Wherefore now let the feare of the Lord be vpon you take heed and doe it for there is no iniquitie with the Lord our God neither respect of persons nor receiuing of reward Moreouer in Ierusalem did Iehosaphat set of the Leuites and of the Priests and of the chiefe of the families in Israel for the iudgement and cause of the Lord and they returned to Ierusalem And he charged them saying thus shall you doe in the feare of the Lord with a perfect heart And in euery cause that shall come to you of your brethren that dwell in your Cities betweene blood and blood betweene Law and precept Statutes and iudgements you shall iudge them and admonish them that they trespasse not against the Lord that wrath come not vpon you and vpon your brethren And behold Amariah the high Preist shall be the chiefe ouer you in all matters of the Lord. 12. From which words we collect thus much concerning ●…he Kings Iurisdiction and the things wherein it consisteth ●…irst the King appointeth and placeth both Temporall and clesi●…sticall Iudges and commandeth and chargeth them so placed to execute their functions faithfully we inferre vpon this command in both alike that hee hath Iurisdiction ouer both causes But here let me remember a trifling obiection which some of our aduersaries haue deuised of late they would distinguish betweene command and Iurisdiction For they deny not but that all sortes of persons are vnder the Kings commaund and gouernment whom he may command each to doe their Office and yet they vtterly deny the Kings Iurisdiction and tell vs that command and Iurisdiction must not be hudled vp together Now let vs consider what hudling is in this when the Kings command and his Iurisdiction are set as things depending and cohaering one to the other When we say the King may command we meane plainely as we speake that the King hath from God lawfull authoritie to command and to punish them that breake his command This is the common vnderstanding of the Kings command But these Romish sophisters when they say the King may command do not vnderstand neither will they acknowledge at any hand that the King hath lawfull authoritie from God to punish the breach of his command for they vtterly deny that the King hath any authoritie to punish a Clarke though he should breake his commandement And call you this a command The King may command and goe without as the saying is This is the deuils sophistry taken vp by men hardned against shame content to stoupe downe to gather vp the meanest and basest shifts to dazell the simple The Iesuites resolue of this as of a truth most soundly concluded in their schooles That the King may not punish Ecclesiasticall persons that the Kings Court may not heare examine and iudge them though they should commit murders adulteries robberies or what other wickednesse soeuer And yet they tell vs that the King may command them Now to say one thing and yet to let the world see that they are resolued in the contrary this sauoreth strongly of the spirit of illusion when reason learning honestie and all faileth yet well fare a bold and hardned face which neuer faileth this generation 13. The truth is if the King haue not lawfull authority to punish he hath not lawfull authoritie to command and punish he cannot vnlesse he hath authority to iudge or cause iudgement to be done so that they who take away from the King power to iudge persons Ecclesiasticall take from him power to punish and consequently power to command but the Doctrine of the Papists this day as shall hereafter appeare in his due place taketh from the king power to iudge per sons Ecclesiastical therefore they rob him of power to punish and to cōmaund for nothing can more strongly take away the Kings command then to deny him power to punish and to iudge And yet they are not ashamed to tell vs that they deny not the kings cōmand but his Iurisdiction Then to leaue these men with their absurd and perplexed contradictions where the King ●…ay command he may iudge and punish the breach of that command and therefore his Iurisdiction appeareth in his lawfull authority and command Then by this charge and commaund of Iehosaph●… is declared his Iurisdiction in these causes wherein he hath this authority
an end of the institution of these orders to make some chaunge in that ancient religion which before stood in the Church of Rome in some tollerable measure and to vexe and persecute the professors thereof and especially to bring in a new Iurisdiction of the Pope it will better appeare if wee consider what hath bene in the beginning of their institution and since obserued of their innouations libertie luxuriousnesse and what desolation they haue brought into the Church That these men may better be knowen I will note what Iohn Wiclife and some others haue obserued Friars taught saith Wiclife that the King of England is not Lord of the Clargie but that the Pope is their Lord. Friars so streitched the priuiledges of the Clargie that though an Abbot and all his couent ben open traitours conspiring vnto death of the King and Queene and other Lords and inforce them to destroy all the Realme the King may not take fro them an half-penny ne farthing worth When Parish-churches ben appropred to men of singular religion that is to Friars such appropriation is made by false suggestion that such religious men han not ynough for lifelode and healing but in truth they han ou●…rmuch Let me obserue this by the way as being now better instructed in the opinion of Iohn Wi●…life concerning tithes Whereas he seemeth to be against tithes it is to be vnderstood as he doth in diuers places open himselfe against tithes as then they were abused by Fryars For Fryers then had power from the Pope to appropriate tithes to their Couents by which meanes tithes came into their possession This thing Wiclife thought vnlawfull and would haue had tithes reduced to their ancient vse againe now let vs returne to his obseruations Fryers sayen that their religion founden on sinfull men is more perfit then that religion or order which Christ himselfe made They sayen also that begging is lawfull the which is damned of God both in the old Testament and in the new Fryers after they had procured impropriations and left a poore Curat in place drewe also from Curats their office and Sacraments they got the confession of Lords and Ladies They pursuen true Priests and letten them to preach the Gospell Christ chargeth all his Priests to preach the Gospell truely and they pursuen them for this deed yea to the fire they will slea Priests for they doe Gods bidding When the King by his officers prisons a man that is commonly done for great and open trespasse and that is good warning to other misdoers some profit comes of the Kings Ministers but when Friars prisonen their brethren the paine is not knowen to men though the sinne were neuer so open and slaunderous and that does harme to other Liegemen Friars sayen that they han more power then the Curat and thus they make dissention and discord among Ch istian men Friars labour to roote out true Priests that preach Christs Gospel themselues han their chamber and seruice like Lords or Kings and senden out idiots full of couetise to preach not the Gospell but Chronicles Fables and leesings to please the people to rob them And yet for sending of those couetous fooles that ben limitors goes much Symonie enuy much foule Marchandise And who can best rob the poore people by false begging and other deceits that shall haue this Iudas office and so a nest of Antichrists Clarkes is maintained They shew not to the people their great sinnes and namely to mighty men of the world but pursuen other true preachers for they will not glose mighty men and comfort them in their sins Thus mighty men hire by great costs a false traitour to lead them to hell Friars deceiuen the people in faith and robben them of Temporall goods make the people trust more in dead parchment sealed with leesings and in vaine prayers of hypocrites that in case ben damned deuils then in the holy helpe of God and their owne good liuing Friars peruert the right faith of the Sacrament of the Auter bringing in a new heresie saying there is an accident withouten subiect which heresie neuer came into the Church till the foule fende Satan was vnbounden after a thousand yeeres Friars vndoe Parish Churches by building other needlesse meaning Abbeyes and Priories c. They destroy the obedience of Gods law magnifien singular obedience made to sinfull men and in case to diuels this is blind obedience brought in by them which obedience Christ insampled neuer ne in himselfe ne in his Apostles Friars being made Bishops robben men by extorsion as in punishing of sin for money and suffren men to lie in sinne they beare out the gold of our land to Aliens and sometimes to our enemies to get of Antichrist false exemptions They teach Lords and Ladies that if they die in Francis habite they shall neuer come to hell They are neither ruled by Gods law ne lawes of the Church ne lawes of the King They ben the cause and procuratours of all warres They say apertly that if the King and Lords and other standen thus against their false begging c. they will goe out of the land and come againe with bright heads and looke whether this be treason or none They teach and maintaine that holy writ is false and so they putten falsnesse vpon our Lord Iesus Christ and vpon the holy Ghost and vpon the blessed Trinitie Friars teach that it is not lawfull to a Priest or any other man to keepe the Gospell in his bounds and cleannesse without errour of sinnefull men but if he haue leaue thereto of Antichrist Friars by hypocrisie binden them to impossible things that they may not doe for they binden them ouer the commaundements of God as they say themselues hence are works of supererogation They burne Priests and the Gospell of Christ written in English to most honour of our Nation They call the curse of God the lesse curse and the curse of sinfull men the more curse They distroyen this Article of Christian mens faith I beleeue a common or generall Church For they teachen that tho men that shall be damned be members of holy Church and thus they wedden Christ and the diuell together They waste the treasures of the land for dispensations and vaine Pardons They ben most subtill and priuy procurators of Symonie and most priuily make Lords to maintaine the Pope and his robbing our land of treasure by his Pardons Priuiledges first fruits of Benefices in our land and Dis●…es and Subsidies 23. By this wee may in part see those innouations which Friars brought into the Church raysing a new Iurisdiction to the Pope defrauding and robbing the King of his auncient Iurisdiction these are they who first taught and practised obedience to another Soueraigne then the King conspiracy against the life of Princes