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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 rui●…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 sonn●…s of Dauid are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which cannot be translated Priests as the Latin vulgar hath it Though this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 somtimes be takē 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 Pri●…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 p●…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 ●…o lesse force then if the Emperour himselfe had pronounced ●…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 agend●… 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 frō 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

among many and the best in the Church of Rome he declareth to be thus Sec●… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ecclesi●… 〈◊〉 〈◊〉 pro●… 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 faith●…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 su●…i Pontifieis 〈◊〉 quo●… 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 h●…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 destit●…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 si●…at se vt carnes putridas resecari vt ouem scabiosam repellenda●… 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 a●…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 s●…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 Chu●…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 breu●…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 〈◊〉 〈◊〉 〈◊〉 iudicumqua●… fuerat Christus Apostoli sed C●…ristus 〈◊〉 fuerunt ab imp●…ratore quantū ad Iurisdictionē c●…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 Iurisdictiō therfore so the Pope ought to be iudged This Syllogis●…e to this day was neuer answered In respect of which sound and pithy handling of these things as Occh●… was surnamed Doctor inuincibilis in argu●…nto so the sense and iudgement of learned men was wholly for Occham Insomuch that Naucler witnesseth that this worthy William Occh●… 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 Da●…es that learned Florentine saith that this Dante 's also wrote a Booke De Monarchia wherein he prooueth that the Empire hath no