this power coactiue though they had vsurped many parts thereof 18. A third reason to prooue this authoritie to bee in the Ciuill Magistrate is as I teached before confirmed by the right of Appellations For in matters of coactiue Iurisdiction a man might appeale from the high Priest to the King as Saint Paul did to Caesar which was vtterly vnlawfull for him to doe vnlesse he might as lawfully haue appealed to a King if that state of Israel had then beene ruled by a King as at other times it was For that right which Saint Paul giueth to Nero to heare Appellations he would vndoubtedly yeeld to Dauid or Ezekâ—…as or any other godly King in his owne Dominions Wherefore it followeth that either Saint Paul must be condemned for yeelding an vnlawful power to Emperors or Kings must haue the same priuiledge which thing being admitted in matters Ecclesiasticall doth inuincibly prooue the Kings Iurisdiction in such matters The same thing is also confirmed from those words of the Apostle he is the minister of God and he beareth the sword If the Magistrate be the minister of God then he hath full authoritie and Iurisdiction from God whose minister and vicegerent he is if he beare the sword hee hath all power coactiue for coactiue power doth alwayes follow tâ—… sword which God hath giuen to the Ciuill Magistrate to beare Therefore Ioh. Chrysostoâ—… saith Regi corpâ—…ra commissa sunt sacerdoti animâ—… reâ—… maculas corporum remittit sacerdos maculas peccatorum illâ—… cogit hic exhâ—…rtatur ille habet arma sensibilia hic arma spiritualia Hâ—…m 4. de verb. Esa. vidi dom Then the true difference betweene the Magistrate and the Priest concerning this point is Ille cogit hic exhâ—…rtatur so that coactiue power is left wholy to the Magistrate Ambrosâ—… likewise speaking of the authoritie of the Church and of Bishops saith Coactus 〈◊〉 nâ—…n noui arma enim nostra preces sunt 〈◊〉 â—…at iâ—… Auxâ—…t where he declareth the difference betweene these two powers leauing nothing to the Church but preces 〈◊〉 wherin there is no coaction In which sense Thomas Aquinâ—…s faith vindicta quae fit authâ—…ritate publicae potestatâ—… sâ—…cundum 〈◊〉 iudicis pertieet ad iusticiam commutatiuam 2. 2. qu. 8. art 1. Therefore vindicatiue power or coaction belonges not to the Church but the Magistrate that exerciseth coâ—…utatiue iustice 19. In regard of which high power Princes are called Gods I haue said you are Gods And because an aduersarie of late hath told vs that this name is giuen aswell to Ecclesiasticall gouernours as to Kings we reply that it cannot be shewed that this name is giuen to Ecclesiasticall gouernours but either where such gouernours haue receiued authoritie from the Ciuill Magistrate or where themselues are the chiefe Magistrates so that it is a name giuen in respect of Soueraigne power For to manifest the Soueraigne emmency of the Prince compare the Prince and Priest togâ—…ther and by this comparison wee shall euidently know the truth for we find the Prince called a God not onely in respect of the people but in respect of the Priest also Where the Lord himselfe speaketh to Moses of Aaron comparing their power and offices together he saith thus He shall be thy spokesman vnto the people and he shall be as thy mouth and thou shalt be to him in stead of God In this comparing of these two great offices Moses is the directour Aaron the interpretour and preacher Where the Prince or Soueraign Magistrate is called a God not onely in respect of the people as in diuers other Scriptures but in respect of the Priest thou shalt be to him euen to Aaron as a God We find then that the Prince is called a God in respect of the Priest but we can neuer find that the Priest is called a God in respect of the Prince This declareth a Soueraigne authoritie of the Prince in matters of God and of Gods true Religion For he who by his office is to establish true Religion in his dominions doth heerein represent a liuely exâ—…mple both of the goodnesse and power of God and therefore Magistrates are called Gods as being Gods Vicegerents for establishing of true Religion 20. And this our Sauiour Christ confirmeth for whereas Psal. 82. They are called Gods I haue said you are Gods Our Lord expoundeth that place declaring in what sense they are so called For he saith If he called them Gods vnto whom the word of God was giuen and the Scripture cannot be broken c. Then the Magistrates who are here called Gods are such to whom the word of God is giuen For further declaration of the truth let this question be demaunded to whom is the word of God principally giuen to whose Soueraigne custodie is the word of God committed The words of our Sauiour Christ containe an aunswere to the Ciuill Magistrate For it is certaine that all that Psalme whence Christ taketh those words is wholly and intirely vnderstood of the Ciuill Magistrates and not of Priests or Ecclesiasticall gouernours Why then and is not the word of God giuen to Ecclesiasticall gouernours aswell as to Kings Yes verily but diuersly for to Ecclesiasticall gouernours the knowledge of the word is giuen to publish by preaching For the Priests lippes shall preserue knowledge and they shall seeke the law at his mouth for hee is the messenger of the Lord of hostes Then if the question be asked to whom is the word giuen by the way of knowledge to preach and publish it The answere is to the Priest but Christ speaketh not here of that manner of giuing the word but he toucheth that Commission which is giuen to Magistrates For to Magistrates it is not giuen by way of especiall knowledge to preach it but by way of an especiall commission to keepe it to establih it by authoritie to command obedience vnto it and to punish the violatours of it This is the authority of a Christian Prince for he hath called them Gods to whom the word was giuen Whom hath hee called Gods Ciuill Princes for of such onely of such that Psalme speaketh Why are they called Gods Because they are Gods vicegerents by their authority to establish Gods word Therefore they are acknowledged to bee custodes vtâ—…insque tabulae for which cause it was an ancient ceremony in the Church of Israel that at the Kings Coronation the Booke of God should be giuen into the hand of the King as we read in the Coronation of Ioash Which thing is confirmed by a commaundemant in the Law why was this thing so solemnly commanded so religiously preached but to shew that God hath committed the care of Religion principally to the King that by the vtmost of his power and authority it might be established in his Dominions 21. This doth proue that Moses was a Prince and not a Priest and Aaron a Priest but not a Prince because Moses
IVRISDICTION REGALL EPISCOPALL PAPALL WHEREIN IS DECLARED HOW THE POPE HATH INTRVDED Vpon the Iurisdiction of Temporall Princes and of the Church The intrusion is discouered and the peculiar and distinct Iurisdiction to each properly belonging recouered Written by GEORGE CARLETON IOHN 18. 36. My kingdome is not of this world if my kingdome were of this world my seruants would surely fight LONDINI Impensis Iohannis Norton 1610. THE CONTENTS OF THE SEVERAL Chapters of this Booke THe state of the question CHAP. I. That Kings in the time of the law of nature had all Ecclesiasticall power both of Order and Iurisdiction II. Externall coactiue Iurisdiction is a right belonging to Soueraigne Princes vnder the law III. Externall coactiue Iurisdiction was not left by Christ to his Church nor practised by the Church all that while that the Church was without Christian Magistrates IIII. Of the estate and Iurisdiction of the Church from the end of the first three hundred yeares vntill the yeare of Christ 600. V. Of the estate and Iurisdiction of the Church from the yeare of Christ 600. vntill the conquest of England VI. How the Papall Iurisdiction was aduanced from the time of the conquest and somewhat before vntill the yeare of Christ 1300. conteyning the meanes of raising that Iurisdiction by forgery Friars Oathes and the parts of the pretended Iurisdiction Inuestitures Exemptions lawes imposed Appellation deposing of Kings and absoluing their subiects from faith and Alleageance VII How this Iurisdiction after it was thus declared by the Popes Clerks was refuted by the learned men of the Church of Rome and repressed by Councels VIII TO THT MOST REVEREND FATHER IN GOD MY VERY GOOD LORD THE Lord Archbishop of CANTERBVRIE his Grace Metropolitan and Primate of al England and one of his Maiesties most Honourable Priuie Counsell IOb the man of God most Reuerend Father in God entring into the meditation of the care labor danger and deliuerance that we find in this present life compareth it for danger to a warfare for care and trauell to the dayes of an hireling which estate as euery member of the Church findeth in this life so the same is much more apparant in the whole Church which for the time of her warfare here as she is so is called militant As this assured and expected warfare from the beginning hath kept the Church in continuall exercise and watch against many and strong aduersaries so toward the end of this warfare that is toward the end of this world the aduersaries growing more skilfull more bòld and desperate then before the warfare must of necessitie bee made more daungerous The greatnesse of which daunger may draw the gouernours of the Church to a more sensible apprehension of their duties who according to the daunger of the Church cannot but vnderstand that their care industry vigilancy and courage must be increased for the preseruation of the peace and good of the Church of God which they gouern so that the malice industrie and desperate attempts of the aduersaries are to them so many prouocations stirring theÌ„ vp more carefully to watch Which care hath singularly appeared in your Grace who as a Generall in this warfare haue giuen no rest to your selfe but by preuenting the purposes of the enemies by espying their secrets by answering their present incounters by incouraging inferiours haue declared your carefull seruice in this warfare setting the battel in order and incouraging euery souldier in his proper standing and place vnder this conduct haue I vndertaken this peece of seruice for the opening the truth of â—…urisdiction of late so much oppugned defaced and confounded by the aduersaries Wherein as I can not promise any worth of my seruice so I shall bee able with a good conscience to challenge the reward of faithfull and sincere dealing The question I confesse requireth a man as skilful in distinguishing this confused masse of Iurisdiction which they now haue cast vpon the Pope as Archimedes was in examining the gouldsmithes fraude who hauing receiued a certaine Weight of gould of Hiero King of Sicily to make a goulden crowne which he would offer to his Gods stoale away much of the gold and put siluer in the place thereof rendring to Hiero his true weight againe To examine this fraud without melting of the crowne was a worke to exercise the great wit of Archimedes himselfe such is this masse of Iurisdiction wherin fraudulent workmen as they who confound gold siluer coper and brasse together haue taken the Iurisdiction of the Church and of kings and mingling both together adding much of their owne drosse thereto haue made it as a deceiptfull crowne to offer to their great God to set it vpon his hâ—…ad To distinguâ—…sh this confused maâ—…se to giue to each his own right was a thing wherin I fouÌ„d the greater difficulty because none of late yeeres hath troden this path before me whose footsteppes might haue directed me For the question of the Supremacy is handled learnedly worthithily by others who though they haue giuen some light to this question of Iurisdiction yet they doe it but in some passages not handling the question fully and purposely but by occasion sometimes falling into some parts thereof Wherefore I thought it would be a necessary seruice to the Church if this thing might be truely brought to knowledge and the fraudulent confusion of tâ—…is crowne of Iurisdiction standing vpon the proud head of the Pope examined distinguished the siluer seuered from the gold and the drosse from both As Iurisdiction lay thus confounded by those false workemen of Rome so at the first triall of it when it was examined by vnskilfull and deceitfull triars who fet the rules of their triall not from the truth but from ambition and adulation they taking vpon them to be triars of truth made things as bad or farre worse by their handling then they were before and so wrapped this question in newe difficulties For when Henrie the eight tooke this title of supreme head of the Church of England though the sounder and more iudicious part of the Church then vnderstood the words of that title so as no offence might iustly rise by it yet they that were suddenly brought from their olde opinion of perie not to the loue of the truth but to the obseruance of the Kings religion retained a grosse and impure sense of those words as most coÌ„monly by such is retained to this day For when Stephen Gardiner Bishop of Winchester was at Ratisbon in Germanie vpon the Kings affaires he there taking occasion to declare the meaning of that title supreme head of the Church giuen to king Henrie the eight taught that the King had such a power that hee might appoint and prescribe new ordinances of the Church euen matters concerning faith and doctrine and abolish old as namely that the King might forbid the marriage of Priests and might take away the vse of the cup in the Sacrament of the
is called Aarons God but Aaron is not called Moses his God but his mouth Which thing though it bee so euident as that it seemeth to be the vndertaking of an idle and vn-necessary discourse to proue it yet because many bookes are of late filled with this conceit that Moses was a Priest which thing is taken as an especiall ground to build vp the Popes temporall Monarchie Let vs in a few wordes refute this fancy Franciscus Bozius who vndertaketh to proue this taketh a foundation so ruiâ—…ous and fallacious that it is no maruell if his whole building be answerable for he concludeth that Moses was a Priest properly so called because Psal. 99. it is written Moses and Aaron among his Priests and Samuel among such as call vppon his name The answere is easie and vulgarly knowne for Cohanim which word is there vsed signifieth both Priests and Ciuill gouernors It is vsed for Ciuill gouernors which stand in some honourable place 2. Sam. 8. 18 where the sonnâ—…s of Dauid are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which cannot be translated Priests as the Latin vulgar hath it Though this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 somtimes be takeÌ„ for a Priest yet it is certaine that Dauids sonnes were not Priests but chiefe rulers about the King as it is expounded 1. Chron. 18. 17. Then we answere that no proofe can bee drawne from this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to proue Moses a Priest because the word is ambiguous applyed both to Priests and to Ciuill gouernours And therefore the word is fitly applied to Moses and Aaron comprising both their Offices in one short word But that Moses was no Priâ—…st we prooue thus If he were a Priest it must be either before that Aaron and his successors were assumed to that Office or after Before the law assumed Aaron and his sonnes to be Priests Moses could not bee Priest because the Priesthood was annexed to the birth-right But Moses was not the first borne of Amram but Aaron was the eldest for we read Num. 33. Aaron was one hundred twentie three yeares old when he died But Moses out liuing Aaron was but one hundred twenty yeares old when he dyed Deut. 34. Theresore Aaron was questionlesse the elder brother If any obiect that the birth-right was sometimes taken from the eldest by an especiall appointment of God as appeareth in Sem and Iacob I answere this cannot help in this point for Aaron was so farre from loosing this priuiledge of his birth-right by any appointment of God that he had the Priesthood famously confirmed to him and to his posterity So that neither by the law of nature nor by any precept of God can Aaron be said to loofe any priuiledge that belonged to the Priesthood Then before the institution of the Leuiticall Priesthood Moses could not be Priest After the institution thereof the Priesthood was so appropriated to Aarons house that none could be Priests but Aaron and his sonnes onely Therefore it was not possible that Moses could be a Priest at all either before the consecration of Aaron or after 22 Another reason may be drawn from those places which declare that Iosua was appointed by God to succeede Moses and to gouerne as he did In all which places it appeareth that Iosua succeeded Moses in his place and function and was that in Israel in his time which Moses was before him But it is certaine that Iosua was no Priest therfore as certaine that Moses was no Priest For Iosua was the full and entire successour of Moses The same appeareth by the whole course of Moses his gouernment Who commandeth as a Prince is obeyed as a Prince both by the Priests and people By which command in matters temporall and ecclesiasticall if they suppose that a Priesthood is proued by the same reason all the Kings of Israel may as well be concluded to haue been Priests For they commaunded in all such thinges as Moses did Some obiect that Moses sacrificed Exod. 24. But this obiection is friuolous For the words of the Scripture are against it It is expresly said that Moses sent young men to sacrifice these were the first borne of the 12 Tribes For this was before the institution of the Leuiticall Priesthood If any obiect that Moses did something which might seeme to belong to the office of a Priest I answer so did the Kings of Israell some things which might seeme to belong to the office of a Priest For Iosias when all the people were gathered together read in their eares all the words of the booke of the couenant Which thing might seeme to belong to the Priests office So true is that principle of our common Law founded vpon the profound principles of diuinitie and good gouernment Rex est persona mixta because he hath both temporall and ecclesiasticall iurisdiction 23 And thus haue wee declared the Kings right vnder the Law from the precept of the Law practise of godly Kings Thus did Ezekiah thus did Iosiah and others and in so doing they vsurped no vnlawfull power but stood faithfull in the execution of that lawfull right which GOD committed to them From this commission they may not turne either to the right hand or to the left For as it was a great sinne in Vzziah on the one side to vsurpe the Priests office so should it be a great sinne on the other side for a King to neglect any part of a Kings office From all which wee collect the power of a Prince in matters ecclesiasticall to stand in these things He is to establish all ecclesiasticall Lawes for which no power is sufficient without his Neither is it reason that they should establish Lawes in whom there is no power to defend and maintaine the Maiestie of those Lawes so made He is to punish all transgressours of those Lawes hee is to appoint ecclesiasticall Ministers their places to be Iudges in matters of ecclesiasticall Lawes and if they offend to punish them hee may place and displace according to their merits So Salomon displaced Abiathar made Zadock high Priest in his roome But because of late suborned Mat. Tortus speaking of this example saith that Salomon did displace the high Priest as he was a Prophet not as hee was a King let vs by the way open the vanity of this shift The fault that Abiathar had committed was worthy of death as Salomon saith Thou art worthy of death But yet hee shewed him mercy because hee had borne the Arke of the Lord before his Father Dauid and had suffered in all things wherein Dauid was afflicted So that the thing which Salomon did to Abiathar he did as iudge of life and death To be a Iudge of life death was not the osfice of a Prophet but of the King therefore Salomon did it not as a Prophet but as a King Againe the Prophets office was extraordinary but this thing is so far from an
Theodoret rehearseth a Dialogue betweene Constans the Emperour and Liberius Bishop of Rome who afterward for feare and through weakenesse and irksomnesse of his exile was drawen to subscribe to Arianisme as witnesseth Hierom Ruffinus Platina and other In that Dialogue these words are worth the noting Constans willing Liberius to forsake the Communion with Athanasius and to condemne him Liberius his answere is Ecclesiastica iudicia cum summa iusticiae obseruatione fieri debent quare situae pietati places iudicium cogi impera vbi si damnandus Athanasius videatur sententiam illum ordine modoque Ecclesiastico feratur nam fieri nequit vt condemnetur à nobis de quo iudicium datum non sit That is Ecclesiasticall iudgements ought to proceed with exact obseruation of iustice Therefore if it please your Godlinesse command a Councell to be called wherein if Athanasius seeme worthy to be condemned let sentence passe against him in Ecclesiasticall order and manner For it cannot be that by vs hee should bee condemned seeing wee haue no authoritie to iudge him The Bishop of Rome here confesseth first That Iudicia Ecclesiastica Ecclesiasticall iudgements are to be appointed and established by the Emperour then he graunteth him Ecclesiasticall Iurisdiction and granteth that to call a Councell belongeth to his Iurisdiction Secondly the Emperour cannot make a man an hereticke but this must be done by a Councell or by the iudgement Ecclesiasticall This being a thing not of coactiue Iurisdiction but of knowledge in the word of God Thirdly the Bishop of Rome renounceth all right and authority of iudicature vpon Athanasius therefore in those daies hee had no Iurisdiction ouer other Bishops 6. This mixt Iurisdiction which now is practised by Bishops began in the time of Constantine So Nicephorus witnesseth Constantinus Clericos omnes constitutione lata immunes liberosque esse permisit iudiciumque iurisdictionem in eos Episcopis si ciuilium iudicum cognitionem declinare vellent mandauit quod Episcopi iudicassent id robur autoritatem sententiae omnem habere debere decreuit That is Constantine by an edict graunted the priuiledge of immunity to all Clerkes and graunted to Bishops iudgement and Iurisdiction ouer Clerkes in case they would decline from the courts of ciuill Iudges and he decreed that whatsouer the Bishops iudged that should stand in all strength and authority of a decree Sozomen declareth by what occasion it grew first For some began then to appeale from ciuill iudgements to Ecclesiasticall and some Bishops receiued the appellations which thing being approued by Constantine gaue great authority to this kind of Iurisdiction Episcopi saith he in causis ciuilibus sententias pronuntiarunt si qui à iudicibus ciuilibus ad eorum autoritatem appellassent Quam rem propter venerationem Episcoporum adeò approbauit Constantinus vt ratas haberi pâ—…tioresque quam aliorum iudicum sententias nec minus quam ab ipso imperatore essent pronunciatae per Magistratus milites Magistratuum ministres ad effectum perduci lege edixerit That is Bishops pronounced sentence in ciuill causes if any appeaed to them from ciuill Iudges This thing for the reuerence of Bishops Constantine approued so much that hee ordained by Law that these iudgements should be ratified and of greater authority then the sentences of other Iudges yea to be held of â—…o lesse force then if the Emperour himselfe had pronounced â—…hem so to be executed by the Shriefs their seruants 7 By which it appeareth that these courts with this Iurisdiction were vnderstood then no other then the Emperours courts The Emperour graunteth this Iurisdiction saith Nicephorus the Emperour ratifieth these iudgements saith Sozomen the Emperour commaundeth that the sentence of the Bishop should be euery where receiued as if it proceeded out of his owne mouth Which words are well to be obserued For the Emperour commaundeth not that the Bishops sentence should be receiued as a diuine sentence but only as an humane not as proceeding from the mouth of God but as proceeding from the mouth of the Emperour Now if these Courts were then so euidently proued to be the Emperours Courts our aduersaries may acknowledge their owne ignorance folly who make declamations and many idle discourses without solid proofe against them that call Ecclesiasticall Courts the Kings Courts as if this were a thing new strange and neuer heard of before these late yeares Their error is that common Sophisme which filleth most of their bookes which Aristotle calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 compounding confounding those things which we distinguish and which are distinct in nature For in this word of Iurisdiction they confound these two distinct things both that which is spirituall Iurisdiction yeelded by vs the right of the Church and all that also which Princes haue giuen to Ecclesiasticall Courts such as these priuiledges which Constantine gaue to Bishops Courts and other Princes since haue continued and enlarged If these things be not distinguished the truth can neuer appeare in this question by this the Reader may vnderstand who they are that hide and deface the truth by new varnishing of olde rotten Sophismes 8 Then all coactiue Iurisdiction came into the Church from the authority of Princes for as the power of the Church is internall and spirituall so externall and coactiue power was the right of Princes To this purpose Eusebius reporteth a speach of Constantine at a banquet calling himselfe a Bishop for things externall as they were for matters internall His words are these Vos quidem eorum quae intus sunt in Eccle sia agendâ—… ego vtro eorum quae extra hanc sunt Episcopus à Deo sum constitutus And whereas Iurisdiction is best knowne by appellations it hath been often seen that froÌ„ the Pope men haue appealed to a councel as hereafter we are todeclare but from a councel we find no appellation to the Pope but to the Emperor for some personall wrong Athanasius being vniustly condemned by the Synod of Tire appealed to Cinstantine as Socrates witnesseth In like sort Flauianus appealed to the Emperour when the Synod of Capua had referred his cause to Theophilus and the Bishops of Egypt Yea the heretiques themselues in those dayes knew no means to appeale from the Emperour Augustine saith that Donatus did still appeale to the Emperour being condemned by the Bishops and by Synodes And so religious were these auncient Bishops in preseruing the Emperors Iurisdiction and yet maintaining the truth without feare that when they were oppressed by Arians and by the power of an Arian Emperour yet they would vse no other meanes then these direct meanes And therefore the Bishops hauing a purpose to condemne the Arians craued a counsell of Valens an Arian Emperor who granted them a counsell at Lampsacum wherein they condemned the Arian doctrine So that without the Emperour they would not gather a counsell though it were to
successe for fire shall come downe from God out of heauen and deuoure the enemies Vnto which seruice there is nothing so effectuall to animate the princes of Christendome as is this new and strange claime of the popes Iurisdiction ouer princes which thing because it is so much pursued by the Popes and their flatterers and onely by them as the great marke whereunto they addresse all their attempts and the very summe of all their Religion therfore I haue endeuoured to open the whole to distinguish the parts and to set this question in such a light as I could if not to satisfie all yet at least to giue an occasion to the iudicious I was desirous to leaue no part vntouched that all might come to a triall and am ready also withall to bring my selfe to the triall willing to learne and to amend any error after that it shall be manifested by the truth to bee an errour for which cause I submit all to the iudicious and godly censure of the Church My care was also after my seruice to God to performe herein a true seruice to his Maiesty by opening the Iurisdiction of Kings which I haue done not as they vse to doe who serue the Pope respecting no other rules of that seruice then his pleasure and their adulation but I haue disputed the Kings right with a good conscience from the rules of Gods word knowing that the noble disposition of his Maiesty will admit of no seruice whereby God or the truth is preiudiced All which as I commend to your Graces fauour and protection to whom God hath committed the care of his Church here so with my hearty prayers I commend your Grace to the faâ—…our and protection of God who inrich your heart with his plentifull graces that as for your proper comfort and direction you may enioy them so you may vse them to the glory of God and the comfort of his Church through Iesus Christ. Your Graces to be commanded in all duety GEORGE CARLETON An Admonition to the Reader IT may bee thought strange that so many are found to write in this contradicting age one contrary to another the trueth cannot bee on both sides and therefore there is a great fault on the one side the Reader that is desirous to trie where the fault is may be intreated to marke with aduised obseruation some things wherein our aduersaries wanting either knowledge or sinceritie haue broken all the rules of right writing to deceiue such as cannot iudge of which sort the greatest part consisteth I doe therefore intreat the Readers especially such as reade my Booke with a purpose to answere it to consider these things wherein we challeng our aduersaries for euil dealing in this particular Controuersie First In setting downe our opinion they make it not that which we hold but another thing and then make large discourses in vaine they should vnderstand our cause as we deliuer it for we deuise not their opinion but take it out of their owne bookes especially from the Popes Canons Secondly when they would refute vs they bring their owne Canon law which was deuised in preiudice of the freedome of Princes and is our aduersarie and therefore cannot bee our Iudge Thirdly When they produce the testimonies of ancient fathers the abuse for which we challenge them is that they will not vnderstand the question for the fathers write for the spirituall Iurisdiction of the Church aboue Princes which thing we neuer denied But against the coactiue Iurisdiction of Prinees in matters Ecclesiasticall which thing we hold the Fathers neuer wâ—…ote but they are for it If these things were faithfully obserued as they are all peruerted in this cause by one that termeth himself the Catholick Diuine and if the truth were sought with conscience and not preiudice maintained with resolution men would neuer presume so much vpon the simplicitie of the Readers nor in the confidence of their wit and learning would they suffer themselues to be set to the maintenance of any cause whatsoeuer Let me farther intreate him that would aunswere me to enter into this short and serious meditation with himselfe thus Either my purpose is to serue God for the truth and then I may looke for a blessing vpon my labours or else to serue man though against the truth and then I may looke for a curse vpon my selfe and my labours let this Meditation rule thy pen and heart I aske no more Last of all let me intreate thee of curtesie to amend the faults escaped in printing with thy pen thus P. 2. Lin. 10. Or some others superfluous p. 13. l. 2. as superfluous p. 14. l. 29 for more read meer p. 22. l. 28. the superfluous p. 30. l. 15 for teached r. touched p. 52. marg r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 73. l. 28 r. against the infringers of the priuiledges of the Sea Apostolick p. 85. l. 19. therto superfluous p. 98. l. 27. full superfluous p. 105. l. 8. r. M. Luther p. 107. l. 2. r. M. Luther p. 108. l. 16. r. M. Bucer p. 108. l. 20. r. M. Antonius Flam. p. 109. l. 10. r. M. Chemnicius p. 195. l. 19. Deposed by Pope Stephen r. deposed or his deposition allowed by the consent of Pope Stephen p. 198. l. 4. for the Bishops r. some Bishops p. 211. l. 11. for opportunelyr opportunity p. 228. l. r2 some report the poyson to haue beene giuen in the bread and some in the cup. p. 229. l. 31. for great r. greatest p. 234 l. 15. for Frederic r. Lodouic p. 234. l. 22. for Rhenes r. Rense p. 234. l. 27. for Rhenes r. Rense p. 236. l 19. generall superfluous p. 250. l. 28. r. adhaerentium adhaerere volentium p. 262. l. 21. for ver r. viri p. 272. l. 18. for chusing r. choosen p. 272. l. 22. for to r. in p. 279. l. 30. no supeâ—…fluous p. 294. l. 16. for cultus r. cultu OF THE IVRISDICTION OF PRINCES IN Causes and ouer Persons Ecclesiasticall CHAP. I. The state of the Question THe lawfull authoritie and Iurisdiction of Kings in matters Ecclesiasticall is now and hath beene for some ages heeretofore much impugned by such who by vsurpation hauing incroached vpon the right of Kings seeke by all subtill and colourable deuises to maintaine that by skill and some shew of learning which they haue gotten by fraud All this mischiefe proceedeth from the Bishop of Rome who vsurping powre and taking to himselfe that honour whereunto God hath not called him hath brought all authoritie Ecclesiasticall and Ciuill into great confusion by vsurping the right both of the Church and of States Now our desire being to open the truth and to declare the lawfull right of Princes and power of the Church it seemeth needfull first to set downe what power is giuen to the Pope by them that flatter him so shall the right of the King and of the Church better appeare 2 They yeeld to the Pope a fulnesse of power as they
among many and the best in the Church of Rome he declareth to be thus Secâ—… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ecclesiâ—… 〈◊〉 〈◊〉 proâ—… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. de Vniuersitate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Christi But according to another signification and that most truely and properly answering to the first imposition of this name the Church is called the Vniuersall company of all faithâ—…ull beleeuers which call vpon the name of Christ. Then the Church of Rome as the Pope is the Gouernour thereof was obserued to be but a particular Church and not the Catholicke Church which conteineth all Beleeuers 21. Occham hath also written another Booke Intituled Super potestate suâ—…i Pontifieis 〈◊〉 quoâ—… decisiones From whence I will obserue some things concerning our question of Iurisdiction disputing of that which the Friars and flatterers of Popes called 〈◊〉 potestatis he handleth it so that in the conclusion he putteth the Pope downe as low as the flatterers extolled him vp on high For thus he saith Principatui optimo repugnare videtur quod principans illam habeat plenitudinem potestatis c. Nam omnes subditi hâ—…benti talem plenitudinem sunt serui secundum strictissimam significationem vocabuli serui That is It seemeth to be vtterly against the nature of the best Gouernment that the Gouernour should haue this fulnes of power c. For all that are subiects to him that hath such fulnesse are his slaues according to the most strict vnderstanding of a bondslaue And because the Pope then began to flatter himselfe strangely and to swell with those words of pride that he was to iudge all men but no man might iudge him no man might accuse him Occham represseth this swelling vanitie thus Papa potest ab homine accusari destitâ—…i deponi omnis enim accusatio est coram iudice facienda Nec de hoc debet Papa perturbari ne contra doctrinam Christi Apostolis pro se propraelatis Ecclesiae traditam velit tanquam sal infatuatum mitti foras ab omnibus conculcari ne contra praeceptum eiusdem velit pro salute eius corporis mystici vt membrum putridum amputari ne desideret ipse potestatem qua se ex charitate correptum quamuis etiam Ecclesiam non audiret tanquam Ethnicus publicanus non siâ—…at se vt carnes putridas resecari vt ouem scabiosam repellendaâ—… â stabulis expurgandum vt fermentum quod totam massam corrumpit sed velit vt sibi parcatur vt vniuersa Ecclesia ad interitum perducatur Quae omnia à desiderio Papae qui aâ—…imam suam tenetur pro subditis ponere conuenit exulari That is The Pope may be accused forsaken deposed by a man for all accusation must be before the iudge Neither must this thing trouble the Pope otherwise he might sâ—…eme to make himselfe vnprofitable salt good for nothing but to be trod vnderfoot against the doctrine of Christ deliuered to his Apostles for themselues and for the Prelates of the Church and against the commaundement of Christ to be cut off like a rotten member for the preseruation of his mysticall body And so he might seeme to desire such a power by which being reprooued in charitie albeit like an heathen and Publican he should not heare the Chuâ—…ch yet he would not suffer himselfe to be cut of like dead flesh and like a scabbed sheepe to be driuen from the folds and to be purged like leauen that corrupteth the whole lumpe But he should by this seeke that for sparing him the whole Church might be brought to ruine All which ought to be farre from the Pope who ought to giue his life for his flocke Then this man foresaw and in some sort foretold all that mischiefe which fell vpon the Church by the Popes claime of this strange Iurisdiction which Iurisdiction if once it should be obtained by the Pope then hath Occham plainely foretolde that which since this time by too great experience we haue found that the Pope would hereby prooue vnsauery salt good for nothing but to be troden vnderfoot of men a rotten member cut off from the body of the true Church as rotten flesh to be cut off for the preseruation of the whole as a scabbed sheepe to bee kept from the fold as old leauen to be purged from corrupting and infecting the whole lumpe And that for sparing him the vniuersall Church must bee brought to desolation and ouerthrow All this William Occham foresaw all this we haue found by lamentable experience too true and all this followed vpon his intrusion into this Iurisdiction 22. Through this booke William Occham was driuen to carry himselfe cunningly for feare of the Popes greatnesse mouing many questions and doubts and reasoning after the manner of the schooles on both sides making no professed determination or conclusion but he leaueth such strength of reason on the one side and taketh away all obiections on the other side that any man may inferre the conclusion and vnderstand the reason why himselfe did not conclude For thus he saith in the end of that booke Haec breuâ—…er conferendo allegendo disputando sunt dicta non vt certa veritas in dubium reuocetur sed vt aliqua habeatur occasio c. Quid autem sentiam de praedictis non expressi quia hoc vt puto veritati non prodesset That is These things haue we said by conferring alleadging disputing not that a knowen truth should be called into question but to giue an occasion c. I haue not declared what mine opinion is of these things because as I take it that would not helpe the truth Another booke William Occham Intituleth Dialogus from whence I will cite onely one Sillogisme contained in few words but so strongly and soundly collected that it may make an end of all this controuersie his words are these Papa non 〈◊〉 〈◊〉 〈◊〉 â Iurisdictione 〈◊〉 〈◊〉 〈◊〉 iudicumquaâ—… fuerat Christus Apostoli sed Câ—…ristus 〈◊〉 fuerunt ab impâ—…ratore quantuÌ„ ad IurisdictioneÌ„ câ—…actiuam 〈◊〉 That is The Pope is no more exempt from the Iurisdiction of the Emperors other secular iudges then Christ his Apostles were but Christ his Apostles were iudged by the Emperor in respect of coactiue IurisdictioÌ„ therfore so the Pope ought to be iudged This Syllogisâ—…e to this day was neuer answered In respect of which sound and pithy handling of these things as Occhâ—… was surnamed Doctor inuincibilis in arguâ—…nto so the sense and iudgement of learned men was wholly for Occham Insomuch that Naucler witnesseth that this worthy William Occhâ—… threw downe all the Popes Temporall Dominion in the dust and carried the glory in all these disputations wherin many learned men followed him For he speaking of Daâ—…es that learned Florentine saith that this Dante 's also wrote a Booke De Monarchia wherein he prooueth that the Empire hath no
would haue imputed hereticall prauity to the Councell Thirdly and last of all the distinction betweene the Church of Rome and the Court of Rome wherof we haue so often spoken is here againe confirmed For these flatterers stood for the Popes Iurisdiction against the Church of Rome heere assembled in a Councell but howsoeuer they haue preuailed since wee see heere that by the Church of Rome they were accounted then but a base companie of flatterers These bee they who afterward preuailed in the Councell of Trent lifting vp the priuiledges of the Pope aboue the Church And this is that Church on the other side which then was in danger to be pronounced heretickes by the Pope and these who are marked and branded not by me but by Gerson Cusanus Aeneas Siluius and the rest of both these Councels of Constance and Basil to bee no better then a generation of base flatterers 54. Then there is no great thing done or at which the world may maruel when we see the reformed Churches at this day accounted heretickes by the Pope and his flatterers for this was a thing long looked for The Church did beare the pride of the Pope the ignorance and insolency of his flatterers as long as she could indure it And when there was no remedie made a separation indeede from the Pope and his flatterers holding on still in the auncient waies of our fathers who haue from time to time made resistance against the Pope and his seruants from which auncient way of our forefathers from their profession sense iudgement and religion the Councell of Trent hath made a famous defection hauing declined and turned aside from the ancient and constant profession of the truth in doctrine and Iurisdiction vnto these new and straunge deuises taken vp of late and inuented by Friars and flatterers of the Court of Rome This defection which the Pope hath made from the Church and the Church from him was long before looked for and diuers did speake of it before it came to passe as Mat. Paris declareth that some feared it might haue beene done by Bishop Grost head so Cardinall Cusanus declareth as hereafter we are to shew how the Church may depart from the Pope 55. The same Gerson saith also Concilium generale potestatem à Christo immediatè habet cui quilibet cuiuscunque status etiamsi Papalis existat obedire tenetur in his quae ad fidem extirpationem schismat is pertinent That is A generall Councell hath power immediatly from Christ whereunto euery man is bound to obey in things concerning faith and the extirpation of Schisme of what state soeuer he be though a Pope And he addeth thus much Saluberima haec determinatio lex fundamentalis velut infallibilis aduersus monstrosum horrendùque offendiculum quod positum erat per multos determinantes ex texibus grossè non ad regulam Euangelicam acceptis c. generale concilium totum â Papa robur immeditate sumere That is This most sound determination is a sundamentall law and as it were infallible against that monstrous and horrible offence which is giuen by many concluding from texts grossely vnderstood and not according to the Euangelicall rule c. That a generall Councell receiueth all strength immediatly from the Pope In which wordes hee obserueth that the Popes flatterers who brought in this Papall Iurisdiction aboue the Church Councels did induce hereby a monstrous and horrible offence in the Church This offence saith hee was giuen by such as would proue this Iurisdiction from certaine texts of Scripture as Tu es Petrus super hanc Petram aedisicubo Ecclesiam meam and oraui pro te Petre c. And such like which are wire-drawen to countenance this Papall Iurisdiction Which texts saith Gerson are grossely taken by these flatterers and not according to the rule of the Gospell And seeing we finde that the Iesuites at this day haue no other ground for the Popes Iurisdiction then the same texts by them and their forefathers distorted into a wrong sense as it is obserued by our forefathers against them let the Iesuites know themselues to be the generation of those that haue distorted the holy Scriptures and thereby brought a monstrous and damnable offence into the Church Gerson presenly after this declareth that against these flatterers the reuerend Cardinall Cameracensis whom he calleth his worthy master did write in defence of the truth Scripsit saith he super hanc materiam reuerendiss pater dominus Cardinalis Cameracensis praceptor meus inclytus which booke of Cameracensis if it be extant for I could not see it though I much desired I suppose might make these flatterers to be better knowen and the right of the Church more strongly confirmed 56. Gerson proceedeth and of that Iurisdiction which the Pope claimeth by imposing his Canon lawes vpon other Princes he saith Papa non debet 〈◊〉 vt Canones positi aut alienae traditiones humanaeâ—…nuariabiluer obseruentur per omnes nationes That is The Pope ought not to striue to impose his Canons or that other humane traditions bee kept inuariable of all nations Where he declareth that this imposing of the Popes Iurisdiction vpon other nations gaue occasion to the Greekes to make a separation from the Latins and daily ministreth occasions of contention through Christendome In the same Booke which he Intituleth De â—…uferibilitate Papae he holdeth positiuely that howsoeuer in some other respects there might be some vse of a Pope yet concerning this our question of Iurisdiction the Pope with all his pretensed Iurisdiction might be vtterly remoued from the Church his position is Auferibilis est Papa per generâ—…le concilium perpetuo 〈◊〉 adtempus quoad ea omnia quae sunt â—…urisdictionis That is The Pope may be remooued by a generall Councell either for euer or for a time in respect of all things pertaining to Iurisdiction Now if the Pope may be remoued from the Church in respect of Iurisdiction then the Canonists are quite put downe who hold that the very essence of the Papacy standeth in Iurifdiction Further concerning this question of Iurisdiction the same Iohn Gerson hath made a Treatise wherein he handâ—…eth this question An liceat in causis fidei a summo Poâ—…tifice appellare Wherein he determineth that a man may appeale from the Pope §. VI. Cardinall Cusanus 57. SOmewhat after this wrote Cardinall Cusanus who offered his Booke De concordantia Catholica to the Councell of Basil submitting himselfe and his labours to the iudgement of that Councell It appeareth that about this time there were some motions and consultations of a reuolt from the Pope and Court of Rome which consultations were moderated then for a time by such learned men as were in greatest estimation but afterward vpon the like reasons it brake foorth Cusanus disputeth this point in an Epistle written to Roderic de Treuino â—…rator to the King of Castile Wherein he seemeth first
reward that is reserued for you you will commaund that a Synode may bee gathered Another part of the office of a Prince is saith he Confirmare custodire in concilijs 〈◊〉 which thing hee proueth by diuerse auncient authorities and concludeth that Emperours haue euer had this authoritie Hee saith that in this thing hee had made diligent search and had found this practise continued in all generall Councels vntill the eight Synode inclusiuely In which search saith hee I finde by the acts of all generall Councels aswell in Chalceon as in Constantinople Nice Ephesus that either the Emperour was present in person or some iudges his Vicegerents and those not aboue twentie seldome fifteene but when the Emperour himselfe was present in person I finde saith he that hee was alwayes Presedent of the Councell no other secular Prince hath right to be present in the Councell sauing the Emperour Vnlesse the Emperour appoint some to be present but being present they haue no voice in the Councell but may sit onely to heare this he proueth by that testimony of Ambrose in the cause of faith Bishops are the iudges and not the Emperours 61. And whereas this auncient Iurisdiction of Princes was so disordered by the Pope that by Papall intrusions and incroachments the Princes had well-nigh lost their right and temporall Iurisdiction turned into spiritual Iurisdiction of this he much complaineth and openeth the true cause of all this disorder to be in the insatiable couetousnes of the Court of Rome for thus he saith Rabidus appetitus ad ipsa terrena Ecclesijs annexa Dominia Episcopis ambitiosis hodie inest c. de temporalibus omnis cura de spiritualibus nulla Non fuit ista intentio Impâ—…ratorum non volebant spiritualia à temporalibus absorberi c. dum vacant Ecclesiae semper in periculo schismat is existunt c. Si perelectionem prouidendum est ambitio procurat diâ—…isionem vâ—…torum Si per curiam facilius persuadetur pro plus offerente omnia illâ—… grauamina adueniunt pauperibus subditis curia attrahit quicquid pingue est id quod Imperium contulit pro Deicultus bono publico ordiâ—…auit sanctissime auaritia cupiditate exorta palleatis rationibus nouis adinuentionibus totaliter peruertitur Imperiale efficitur Papale spirituale temporale That is Such a rauenous appetite is in ambitious Bishoppes at this day toward the temporall Dominions annexed to Churches c. all their care is for the temporalties not for spirituall matters this was not the meaning of Princes they meant not that the spirituall labours should be deuoured by temporalties c. Whilst the Churches are vacant there is alwaies some danger of a schisme c. If they proceed by election ambition procureth a diuision of the voyces If by the Court he that bringeth most is best heard and soonest preuaileth And all these greeuances come vpon the poore subiects whatsoeueris fat and rich the Court of Rome draweth to her selfe and that which the Empire as well for the worship of God as for the publicke good hath conferred vpon the Church and ordeined to an holy end all is vtterly peruerted through filthy couetousnesse and certaine painted reasons and new inuentions are deuised to colour it And thus the Imperiall right is now made Papall and temporall right is made spirituall Then these be the obseruations of the learned men of the Church of Rome long before vs that the Pope had intruded vpon the Emperours right now what soeuer the Pope had once practised that must be called spirituall Thus the Iurisdiction of the Emperor being once by cunning or force wrested from the Emperour being found in the Popes hand it was presently called spirituall Iurisdiction as he doth most truely obserue Imperiale efficitur Papale spirituale temporale 62. By all which we find the iudgement of this man to be directly against the Popes pretensed Iurisdiction and for the right of temporall Magistrates when we finde the Cardinals of the Church of Rome to write thus before the time of the contention and before M. Luther was borne wee are not so much to consider their priuate iudgements in these things as the receiued iudgement of the Church wherein they liued that is the Church of Rome from the iudgement of that Church they departed not but in these things do faithfully deliuer vnto vs the iudgement of the same Church standing against the iudgement of the Pope and his Court consisting of Friars and flatterers Thus we see the cause of the Reformed Churches throughly iustified by this learned Cardinall their separation from the Pope and the Court of Rome warranted because the Pope hath first made the separation from the profession of Saint Peter and from the faith of holy Scriptures and the idugement of auncient fathers In which case he granteth that the Church may depart from the Pope and thereby doth iustifie the separation that is made §. VII Aeneas Siluius 63. AT this time wrote Aeneas Siluius afterward called Pope Pius the second he hath written a booke of the actes and proceedings of the Councell of Basil from which I will note some things wherein the iudgement of this man may appeare concurring with the iudgement of the Church of Rome in his time but repugnant to the Pope and his flatterers First handling that Text Tues Petrus super hane Petram c. he saith thus A quibus verbis ideó placuit exordiri quod aliqui verba hâ—…c ad extollendam Rom Pontificis authoritatem solent adducere sed vt statiâ—… patebit alius est vâ—…rborum Christi sensus That is With which words I thought good to begin because some vse to alledge these words to extoll the authoritie of the Bishop of Rome but as it shall soone appeare there is another sense of Christs words Who are they who in the iudgment of this man do peruert the words of Christ Let the Iesuites aunswere and let them giue vs some reason able to satisfie a man of reason why that cause should not bee helde damnable which is condemned by their owne writers their Bishoppes their Cardinals their Popes Let them not tell vs that this Pope Pius was of another mind afterward when he was Pope and before he was Pope he might erre but after he was once Pope he could not erre these bee plaine collusions of them who write such things and illusions of such as beleeue them For it is not possible that any man should write or speake or thinke such things from conscience Shall I thinke that any learned man can thinke in conscience this to bee true that the Pope cannot erre when I heare the testimonie of the Church so full against it When I heare such as come to be Popes refute it before they come to that place When I heare such as haue beene in the place exclaime in the extremitie of desperation that no man in